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12-03-19 Agenda PacketCITY OF POWAY CITY COUNCIL AGENDA TUESDAY, DECEMBER 3, 2019 REGULAR CITY COUNCIL MEETING-7:00 P.M. COUNCIL CHAMBERS 113325 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 Council 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 email 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 II: In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858.668.4530 at least 24 hours prior to the meeting. REMINDER: As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers. John Mullin Councilmember Caylin Frank Council member Steve Vaus Mayor Dave Grosch Deputy Mayor Barry Leonard Councilmember CALL TO ORDER ROLL CALL Mullin, Leonard, Frank, Grosch, Vaus PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PRESENTATION Proclamation for Drugged Driving Prevention Month, December 2019 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. 1. CONSENT CALENDAR (Approved By Roll Call Vote) The Consent Calendar may be enacted in one motion by the Council without discussion unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. 1.1 Approval of Reading by Title only and Waiver of Reading in full of Ordinances on Agenda 1.2 Ratification of Warrant Registers for the Periods of October 28, 2019 through November 1, 2019; and November 4, 2019 through November 8, 2019 1.3 Approval of the November 5, 2019 Regular City Council Meeting Minutes 1.4 Approval of Local Appointments List of City Council Appointed Committees for 2020 1.5 Second Reading and Adoption of Ordinance No. 832, Amending Title 17 Chapter 17.30 of the Poway Municipal Code Pertaining to Lighting of Recreational Courts (Zoning Ordinance Amendment 19-002) 1.6 Award of Contract to VIP Holdings, Inc., for Janitorial Services; RFP No. 20-006 1.7 Award of Contract to Commercial & Industrial Roofing Co. Inc. for As-Needed Roofing Services; RFP No. 20-009 1.8 Approval of Amendment to Employment Agreement for the City Manager 2. ORDINANCE 2.1 First Reading of Ordinance Amending Chapter 2.18 (City Council Meetings) City Manager's Recommendation: It is recommended that the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for December 17, 2019 Page 2 City Council -Regular Agenda December 3, 2019 3. PUBLIC HEARING 3.1 First Reading of Ordinance Deleting Chapter 13.20 (Airports) of the Poway Municipal Code and Amending Chapters 2.24 (Municipal Elections), 2.28 (Campaign Contributions and Expenditures), and 17.40 (Comprehensive Sign Regulations) City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for December 17, 2019 3.2 First Reading of Ordinance Amending Poway Municipal Code (PMC) Chapters 15.02, 15.04, 15.08, 15.10, 15.12, 15.16, 15.18, 15.19, 15.21, 15.22, 15.23, and 15.24, adopting by reference the 2019 California Building Standards Codes, which includes the 2019 California Administrative Code, the 2019 California Building Code, the 2019 California Residential Code, the 2019 California Electrical Code, the 2019 California Mechanical Code, the 2019 California Plumbing Code, the 2019 California Energy Code, the 2019 California Historical Building Code, the 2019 California Fire Code, the 2019 California Existing Building Code, the 2019 California Green Building Standards Code, and the 2019 Referenced Standards Code with Local Amendments City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption for December 17, 2019 3.3 General Plan Amendment 19-002 and Zone Change 19-002; A Request to Change the General Plan Land Use Designation and Zoning Designation of Parcels, or Portions Thereof, to the Open Space Resource Management Zoning Designation City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing, approve the Resolution and introduce the Ordinance for first reading by title only, waive further reading, and schedule adoption of the Ordinance for December 17, 2019 3.4 Adoption of Ordinance Amending Title 17 of the Poway Municipal Code (PMC) Amending Accessory Dwelling Unit Regulations; Zoning Ordinance Amendment (ZOA) 19-003 City Manager's Recommendation: It is recommended that the City Council take public input; close the public hearing and introduce the Ordinance for first reading by title only, waive further reading, and schedule adoption for December 17, 2019 4. STAFF REPORT None. 5. WORKSHOP None. 6. MAYOR AND CITY COUNCIL-INITIATED ITEMS COUNCILMEMBER COMMITTEE REPORTS -Pursuant to AB1234 -(G.C. 53232.3(d)) JOHN MULLIN BARRY LEONARD CAYLIN FRANK Page 3 City Council -Regular Agenda December 3, 2019 DAVE GROSCH STEVE VAUS 6.1 Selection of Deputy Mayor 2020 6.2 Request for Council Concurrence of Appointments to Council Regional Agencies' Boards, Commissions and Commit tees 7.CITY MANAGER ITEMS 8.CITY ATTORNEY ITEMS ADJOURNMENT State of California County of San Diego ) ) ss. ) AFFIDAVIT OF POSTING I, Faviola Medina, CMG, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on Novem 26, 2019 at 5:00 p.m. Said meeting to be held at 7:00 p.m., December 3, 2019, in the Poway_ ity; Co nci/ Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on e B etin Board at the entrance to City Hall and on Poway. org. Page 4 City Council -Regular Agenda December 3, 2019 Faviola Medina , 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 December 3, 2019 Honorable Mayor and Members of the City Council Aaron Beanan, Director of Finance A-6 Stacey Tang, Finance Manager 8f (858)668-4426 or stang@poway.org SUBJECT: Ratification of Warrant Registers for the Periods of October 28, 2019 through November 1, 2019; and November 4, 2019 through November 8, 2019 Summary: The attached warrant register reports for the periods of October 28, 2019 through November 1, 2019; and November 4, 2019 through November 8, 2019, are submitted to the City Council for ratification/approval. Recommended Action: It is recommended that the City Council ratify/approve the attached warrant registers. Discussion: Weekly registers of audited demands are periodically submitted to the City Council by the Finance Director for ratification/approval. Date October 28, 2019 through November 1, 2019 Amount $4,443,694.15 Warrants for amounts in excess of $100,000 for this period include: Warrant Martincoit Road Sewer July + August 2019 Law Enforcement Services September 2019 Water Purchase Payroll 10/25/19, Withholding Date November 4, 2019 through November 8, 2019 Check Number 407917 407970 407973 905333 Amount $1,112,612.71 Warrants for amounts in excess of $100,000 for this period include: Warrant Check Number i Payroll 10/11/19, Retirement 905339 i Payroll 11 /8/19 905340 1 of 21 Amount $ 203,775.00 $2, 198,513.59 $1,436,768.03 $ 143,488.00 Amount $ 127,169.48 $ 585,074.04 December 3, 2019, Item #1.2 Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The total amount of warrants for the period of October 28, 2019 through November 1, 2019 is $4,443,694.15. The total amount of warrants for the period of November 4, 2019 through November 8, 2019 is $1,112,612.71. Public Notification: None. Attachments: A.Warrant Register for the period of October 28, 2019 through November 1, 2019 B.Warrant Register for the period of November 4, 2019 through November 8, 2019 Reviewed/Approved By: Wend aserman Assistant City Manager 2 of 21 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch� City Manager December 3, 2019, Item #1.2 December 3, 2019, Item #1.2~ The City of Poway Director of Finance Submits the Following Register of Demands for the period 10/28/2019 -11/1/2019 and Recommends its Ratification/Approval: w a Check I\..> Number ~ 407899 407900 407901 407902 407890 407903 )> 407904 =I )> 0 ::c s: m z -I )> 407905 407906 407907 407908 407909 407910 407911 407912 407913 407914 407915 407916 Check Payee/ Date Vendor# PayeeNendor Name 31-Oct-19 506 AO REED & CO 31-Oct-19 883 31-Oct-19 721 31-Oct-19 21 31-Oct-19 999991 31-Oct-19 26 31-Oct-19 835 31-Oct-19 835 31-Oct-19 835 31-Oct-19 835 31-Oct-19 835 31-Oct-19 835 31-Oct-19 835 31-Oct-19 835 31-Oct-19 835 31-Oct-19 835 31-Oct-19 835 31-Oct-19 835 31-Oct-19 835 ADVANCED WEB OFFSET, INC. AMERICAN TECHNOLOGIES, INC. ARAMARK REFRESHMENT SERVICES ARCANGEL!, ANTONIO ASBURY ENVIRONMENTAL SERVICES AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T 407917 31-Oct-19 700 BLUE PACIFIC ENGINEERING & CONSTRUCTION 407892 31-Oct-19 999998 CAIN, ZACHARY 905336 30-Oct-19 306 CALIFORNIA DEPARTMENT OF TAX Invoice Number 95932 19-2348 19-2457 BC64320019-001 BC64 720629-001 6477112 MDRA02-01 1500-00493018 13799376 13799544 13799542 13799365 13799381 13799366 13799382 13799373 13799379 13758793 13758795 13789501 13758797 13758797 2200028-PP4 10/19 Cain (2) 100-5654 75-09/19 Description Fire Station #2: Monthly Lift Station October Printing Winter Community Services Guide Poway Progress Printing Fire Station #1: water mitigation Fire Station #1: restoration -water damage Coffee 7997 MDRA02-01-14465 Gable Ct, Refund Deposit Used Oil Pickup BAN 9391026564 09/24/19-10/23/19 BAN 9391031631 09/24/19 -10/23/19 BAN 9391031630 09/24/19 -10/23/19 BAN 9391026534 09/24/19 -10/23/19 BAN 9391026570 09/24/19 10/23/19 BAN 9391026538 09/24/19 -10/23/19 BAN 9391026571 09/24/19-10/23/19 BAN 9391026561 09/24/19-10/23/19 BAN 9391026568 09/24/19 -10/23/19 BAN 9391051972 -PW Network-09/13/19-10/12/19 BAN 9391051979-PCPA Network-09/13/19-10/12/19 BAN 9391050366 09/20/19 -10/19/19 BAN 9391051982-Network & CaINet3-09/13/19 -10/12/19 BAN 9391051982-Network & CaINet3-09/13/19 -10/12/19 Martincoit Road Sewer Paramedic license renewal Sales Tax 3rd Qtr Jul -Sep 2019 Run Date: 12-Nov-19 Org 415010 200020 205020 Object 41200 49220 49220 Project Check Amount 415010 415010 500050 392030 413010 201020 421040 423040 414040 414040 414040 202020 208020 420140 114010 114010 430050 114010 114010 Total for Check 407900: 41200 41200 Total for Check 407901 : 47600 59800 29100 33010 22000 22000 22000 22000 22000 33010 33010 22000 22000 22000 23010 22000 33010 Total for Check 407916: 80004200 P0000 503050 31040 F1000 86341 $206.00 $5,284.00 $344.00 $5,628.00 $5,326.85 $5,730.36 $11,057.21 $169.11 $2,000.00 $65.00 $60.66 $19.66 $21.32 $21.32 $21.32 $21.32 $21.32 $41.52 $42.54 $378.32 $439.71 $1,048.97 $1,319.13 $1,323.49 $2,642.62 $203,775.00 $200.00 $1,109.71 December 3, 2019, Item #1.2Register of Demands: Warrants from 10/28/2019 -11/1/2019 Page: 2of10 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount .l:i,, 905336 30-Oct-19 306 CALIFORNIA DEPARTMENT OF TAX 100-5654 75-09/19 Sales Tax 3rd Qtr Jul -Sep 2019 F2110 86341 $2.46 0 100-5654 75-09/19 Sales Tax 3rd Qtr Jul -Sep 2019 F2420 86341 ($18.09) ..., ~ ..,I,, 100-5654 7 5-09/19 Sales Tax 3rd Qtr Jul -Sep 2019 F2860 86341 $16.87 100-5654 75-09/19 Sales Tax 3rd Qtr Jul -Sep 2019 F4200 86341 $17.38 100-565475-09/19 Sales Tax 3rd Qtr Jul -Sep 2019 F5100 86341 $473.65 100-5654 75-09/19 Sales Tax 3rd Qtr Jul -Sep 2019 F6110 86341 $438.65 100-5654 75-09/19 Sales Tax 3rd Qtr Jul -Sep 2019 F7770 86341 $29.56 100-5654 75-09/19 Sales Tax 3rd Qtr Jul -Sep 2019 F7790 86341 $5.11 100-5654 75-09/19 Sales Tax 3rd Qtr Jul -Sep 2019 F1000 86340 $411.43 100-5654 75-09/19 Sales Tax 3rd Qtr Jul -Sep 2019 111010 57200 ($0.73) Total for Check 905336: $2,486.00 407919 31-Oct-19 1211 CALIFORNIA ENVIRONMENTAL 16043 Unit 951 -Red Fleet -Annual Opacity Testing 413010 43120 $45.00 SOLUTIONS INC. 407918 31-Oct-19 445 CAL-STATE AUTO PARTS INC 129079 Unit 81A and 950 -Brake Pads 413010 47900 $273.05 407920 31-Oct-19 438 CARTEGRAPH SYSTEMS, INC SIN006277 Implementation Services: Field Services 400060 41200 $268.35 SIN006277 Implementation Services: Field Services 401060 41200 $603.80 SIN006277 Implementation Services: Field Services 402060 41200 $469.62 SIN006277 Implementation Services: Field Services 402560 41200 $603.80 SIN006277 Implementation Services: Field Services 403570 41200 $469.62 SIN006277 Implementation Services: Field Services 405060 41200 $67.09 SIN006277 Implementation Services: Field Services 410060 41200 $335.44 SIN006277 Implementation Services: Field Services 411040 41200 $603.80 SIN006277 Implementation Services: Field Services 412040 41200 $335.44 SIN006277 Implementation Services: Field Services 413010 41200 $201.27 SIN006277 Implementation Services: Field Services 414040 41200 $1,006.33 SIN006277 Implementation Services: Field Services 415010 41200 $268.35 SIN006277 Implementation Services: Field Services 420040 41200 $67.09 Total for Check 407920: $5,300.00 407921 31-Oct-19 558 CHRISTOPHIADES, ARTHUR 2000.200-10.19 Instructor Payment Fall 2019 208020 41300 $1,638.00 407922 31-Oct-19 1479 CIRO'S LANDSCAPING INC. 12488 PCPA: tree replacement 204020 41600 $381.65 407923 31-Oct-19 72 CITY OF SAN DIEGO TREASURER 1000271853 FY20/Qtr. 2: North Basin Sewerage O & M 403070 28020 $28,919.00 407924 31-Oct-19 1023 CLINICAL LABORATORY OF SAN 971236 Wastewater Analysis 403070 17300 $134.00 BERNARDINO INC. 407925 31-Oct-19 1094 COMMERCIAL AQUATIC SERVICES 119-5511 Bulk Chlorine 203020 45200 $529.66 December 3, 2019, Item #1.2Register of Demands: Warrants from 10/28/2019 -11/1/2019 Page: 3 of 10 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount (71 407926 31-Oct-19 82 CORODATA RECORDS MANAGEMENT RS4529983 Climate Controlled Rec. Storage 09/01/19-100010 49040 $145.95 0 INC. 09/30/19 ..... 31-Oct-19 286 COSTCO WHOLESALE 77512452641 Teen Glow-in-the Dark Dodgeball Water 208020 47600 $59.95 N 407927 ..Ii, 7751234011 JPIA Refreshments: Respirator Certification 400060 47600 $52.99 Total for Check 407927: $112.94 407928 31-Oct-19 94 COX COMMUNICATIONS 62872701-11/19 Cable TV/ Internet Group Bill: Nov 2019 114010 22000 $517.47 407929 31-Oct-19 2076 CRANEOLOGY, INC. 1414 Crane Certification Training, Gil Aguilar 401060 31040 $2,000.00 407930 31-Oct-19 108 CULLIGAN WATER CONDITIONING 91161255 Salt, 10/11/2019, (49) 50 lb bags 402060 45200 $422.38 407931 31-Oct-19 380 CWEA FriedGrade4-2020 Chad Fried Grade 4 Renewal 12/31/19-403570 49240 $104.00 12/31/20 407932 31-Oct-19 2088 DBI SERVICES, INC 4064869 City Properties Weed Abatement -9/8/19 -301030 49180 $16,064.96 9/21/19 4065014 City Properties Weed Abatement -9/22/19 -301030 49180 $19,957.84 9/28/19 4065821 City Properties Weed Abatement -9/29/19 -301030 49180 $10,347.80 10/6/19 Total for Check 407932: $46,370.60 407933 31-Oct-19 1684 DEPARTMENT OF CONSUMER AFFAIRS-68926-Thomas Prof Engineer License -A. Thomas 304030 49240 $115.00 ENG. 905335 28-Oct-19 942 DEPT. OF CHILD SUPPORT SERVICES CLO WH PE2019-22 Payroll Garnishment F1000 86150 $1,889.98 905334 28-Oct-19 97 EMPLOYMENT DEVELOPMENT CAL WH PE2019-22 CAL W/H EFT PE2019-22 F1000 86170 $45,803.69 DEPARTMENT 407934 31-Oct-19 2058 EMPLOYMENT DEVELOPMENT PPE 10/20/19 Payroll Garnishment F1000 86150 $147.30 DEPARTMENT 407935 31-Oct-19 116 FERGUSON WATERWORKS 0692913 Hydrant Repair Parts 402560 43080 $1,491.26 0694001 Hydrant Out of Service Bags, Lifting Sling 402560 47600 $129.04 0692704 Concrete Box F1000 81350 $1,118.60 Total for Check 407935: $2,738.90 407936 31-Oct-19 104 FIRE ETC. 135213 Personal Protective Equipment 501050 47600 $856.61 407937 31-Oct-19 27 FLEET PRIDE/ASSOCIATED TRUCK 38247905 Unit 61 -LED Aux Light 413010 47900 $336.31 PARTS 407938 31-Oct-19 1380 FLYERS ENERGY LLC CFS-2085830 Safety Services 10/1-10/14 Fuel 413010 31020 $582.31 407939 31-Oct-19 1778 GOVERNMENT TAX SEMINARS, LLC 2019 SEMINAR Registration: Govt Tax Seminar (Tang & 111010 14010 $860.00 Blanton) 407940 31-Oct-19 120 GRAINGER INC 9329718465 Boat Dock Supplies 202020 47600 $44.33 9334544849 MCC & Electrical Conduit Maintenance 402060 43080 $142.84 Total for Check 407940: $187.17 407941 31-Oct-19 566 HACH COMPANY 11673736 Wet Lab Glassware/Beakers 402060 47600 $202.22 407978 31-Oct-19 991 HADRONEX, INC 13785 (3) Manhole Monitor Devices 403570 61999 $15,662.51 December 3, 2019, Item #1.2Register of Demands: Warrants from 10/28/2019 -11/1/2019 Page: 4of10 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount en 407942 31-Oct-19 483 HANSON AGGREGATES PACIFIC 2061536 3.28 Tons of asphalt 411040 45900 $200.95 0 SOUTHWEST, INC .... 31-Oct-19 123 HARRINGTON INDUSTRIAL PLASTICS INC 004K0320 Parts for Air Diaphragm Transfer Pump 402060 61999 $619.85 N 407943 ~ 407944 31-Oct-19 1048 HARRIS COMPUTER SYSTEMS MN00119717 NorthStar Software Maintenance 112010 41200 $24,347.18 407945 31-Oct-19 127 HAWTHORNE MACHINERY CO PS000869324 Red Fleet -Unit 924 -Seals 413010 47900 $12.50 407946 31-Oct-19 152 HOMEDEPOTCOMMERC~LACCOUNT 8220288 Work Order 230991: repair supplies 415010 47600 $43.95 9220282 Work Order 230922: repair supplies 415010 47600 $79.10 8220287 OPP Operating Supplies 205020 47600 $13.99 3220263 Parts for Air Diaphragm Transfer Pump 402060 61999 $102.88 0220223 Fire Station #2: Dishwasher 501050 48999 $721.90 6220310 Dock Supplies 202020 47600 $192.87 9122176 Repair-PCPA Loading Dock Door 204020 47600 $226.39 Total for Check 407946: $1,381.08 407947 31-Oct-19 698 HORIZON 2F163915 Irrigation supplies 414040 47700 $232.88 407948 31-Oct-19 644 INFOSEND 160167 Mailing Statements 09/18/19-09/30/19 112010 33020 $1,344.96 160167 Mailing Statements 09/18/19-09/30/19 112010 41200 $766.27 Total for Check 407948: $2,111.23 407949 31-Oct-19 1529 INFRASTRUCTURE ENGINEERING 11999 Design Services -September 2019 80005106 P5100 $9,070.50 CORPORATION 905337 30-Oct-19 906 INSIGHT NORTH AMERICA LLC 149M-NT Investment Advisory Services Sep 2019 111010 17999 $3,456.87 407950 31-Oct-19 129 JRC PRINTING LLC 39586 Business Cards: Loperena 502050 49220 $47.41 39604 Business Cards: Becker 205020 49220 $34.48 39605 Business Cards: Steffan 205020 49220 $34.48 39602 Business Cards: Roesler 112010 49220 $34.48 Total for Check 407950: $150.85 407951 31-Oct-19 2100 KTU&A 31452 Landscape Architectural Design 421040 41200 $3,676.25 31452 Landscape Architectural Design 423040 41200 $3,676.25 Total for Check 407951: $7,352.50 407952 31-Oct-19 109 L N CURTIS & SONS INV324972 Ladder Rope 501050 61999 $348.09 407953 31-Oct-19 139 LEADER INDUSTRIES 90457976 Right Entry Latch 413010 47900 $39.58 407954 31-Oct-19 175 NAPA AUTO PARTS/POWAY 407079 Unit 77A and Impact Socket 413010 45600 $5.49 407079 Unit 77A and Impact Socket 413010 47900 $138.85 405176 Stock -Oil and Air Filters 413010 47900 $95.42 December 3, 2019, Item #1.2Register of Demands: Warrants from 10/28/2019-11/1/2019 Page: 5of10 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount ....... 407954 31-Oct-19 175 NAPA AUTO PARTS/POWAY 405324 Unit 22 -Oil and Fuel Filters, Fuel Cap 413010 47900 $67.48 0 Total for Check 407954: $307.24 ..... N ..,I,, 407891 31-Oct-19 999991 NEACE, RACHELLE LYNN CUP06-01 8756 -CUP06-01 Security Deposit for RF Rpt. 392030 59800 $3,000.00 407955 31-Oct-19 565 NEAL ELECTRIC, INC 72791 Soccer Fields: lighting 415010 41200 $1,419.94 407956 31-Oct-19 437 NORTH COUNTY REBUILDERS 93974 Unit 64 -Alternator 413010 47900 $246.75 407957 31-Oct-19 84 OFFICE DEPOT BUSINESS SERVICES 39307 4013-001 Black Toner 413010 47100 $116.22 DIVISION 391640463-001 OPP Janitorial Supplies 205020 47200 $49.00 394438928-001 Office Supplies, toner for cross connection 402560 47100 $199.62 393755290-001 OPP Office Supplies 205020 47100 $144.79 391641777-001 OPP Office Supplies 205020 47100 $13.35 390237631-001 Office Supplies -2nd Floor 301030 47100 $199.62 395766747-001 CSD Office Supplies 200020 47100 $66.47 394143741-001 PCPA Office Supplies 204020 47100 $113.05 Total for Check 407957: $902.12 407958 31-Oct-19 372 OLYMPIC COATINGS 27621 Safety Back Board Unit 98 401060 45600 $367.70 407896 31-Oct-19 999988 ONE-TIME SENIOR VOLUNTEER PATROL Sheridan 10-07-19 Water for SVP 504050 49040 $55.90 407897 31-Oct-19 999988 ONE-TIME SENIOR VOLUNTEER PATROL Toner 09-04-19 Supplies for August DUI Checkpoint 504050 41030 $144.21 407959 31-Oct-19 190 PALOMAR HEALTH 1019 Docent First Aid/CPR/AED Training 202020 31040 $70.00 407960 31-Oct-19 190 PALOMAR HEAL TH 102819 CPR/First Aid Cert for PCPA 204020 31040 $140.00 employees: Kaczur/Packmore 407961 31-Oct-19 194 PARKHOUSE TIRE INC 3010305197 Unit 925 -Red Fleet -Tires 413010 47900 $1,634.40 407962 31-Oct-19 266 PERRY FORD OF POWAY 6127258/1 Unit 951 -Red Fleet -Thermostat installation 413010 43120 $522.68 407963 31-Oct-19 25 POWAY CENTER FOR THE PERFORMING 10202019 Poway OnStage Weekly ticket sales transfer F1000 86330 $6,038.00 ARTS FOUNDATION 407964 31-Oct-19 265 POWAY FIREFIGHTERS ASSOCIATION DUES PPE 10/20/19 Fire Association dues for PPE 10/20/19 F1000 86100 $2,533.50 407965 31-Oct-19 1906 PRESTIGE CONCRETE 19802 Veterans Park Maintenance 80007772 P7770 $1,700.00 407966 31-Oct-19 653 PSOMAS, INC 156938 Design Services 80005207 P5200 $18,712.50 407967 31-Oct-19 1058 R & B PINTO PROPERTIES LLC LKCONC10/14-10/20 Wkly Lk Cone 10/14/19-10/20/19 F1000 86360 $3,106.52 18936 Youth Fishing Derby Supplies 202020 47600 $516.77 Total for Check 407967: $3,623.29 407968 31-Oct-19 1669 RELIANT AQUARIUM DESIGN INC. 25898 Library Aquarium Maintenance 206020 43040 $88.68 25960 Library Aquarium Maintenance 206020 43040 $65.00 26024 Library Aquarium Maintenance 206020 43040 $77.92 December 3, 2019, Item #1.2Register of Demands: Warrants from 10/28/2019 -11/1/2019 Page: 6of10 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount 00 407968 31-Oct-19 1669 RELIANT AQUARIUM DESIGN INC. 26025 Library Aquarium Maintenance 206020 43040 $88.69 0 Total for Check 407968: $320.29 ..... I\) ~ 407969 31-Oct-19 358 ROADONE A723592 Vehicles for fire training tower exercises 501050 47900 $350.00 407893 31-Oct-19 999998 ROSEN, BRAD 10/19 -Rosen Reimb: 2019 MISAC Conference 113010 14010 $65.92 407970 31-Oct-19 213 SAN DIEGO COUNTY SHERIFF'S DEPARTMENT AUG2019 Law Enforcement Services 504050 41030 $1,100,928.29 AUG2019 Law Enforcement Services 504050 77580 ($711.81) AUG2019 Law Enforcement Services 504050 41040 $970.39 JUL Y2019 Law Enforcement Services 504050 41030 $1,094,384.32 JUL Y2019 Law Enforcement Services 504050 77580 ($776.52) JUL Y2019 Law Enforcement Services 504050 41040 $3,718.92 Total for Check 407970: $2,198,513.59 407971 31-Oct-19 213 SAN DIEGO COUNTY SHERIFF'S JUL2019 Cal-ID Program 07/01/19 to 12/31/19 504050 49020 $4,279.00 DEPARTMENT 407972 31-Oct-19 1477 SAN DIEGO COUNTY SYMPOSIUM FUND MDS-19-4088 2019 Municipal Debt Symposium 111010 14010 $95.00 407973 31-Oct-19 216 SAN DIEGO COUNTY WATER AUTHORITY 0919_11 September 2019: Water Deliveries and 402060 27011 $983,810.70 Charges 0919-11 September 2019: Water Deliveries and 402060 27012 $129,876.00 Charges 0919-11 September 2019: Water Deliveries and 402060 27013 $323,081.33 Charges Total for Check 407973: $1,436,768.03 407975 31-Oct-19 221 SAN DIEGO GAS & ELECTRIC 487 45089461-1 0/19 13100 Poway Road 09/12/19-10/13/19 104030 41200 $10.00 59971687019-10/19 14114 Midland Road 09/12/19-10/13/19 205020 21010 $267.48 25808266178-10/19 14445 Lake Poway Rd, 09/10/19-10/09/19, 402060 21056 $8,741.44 50,258 kWh 25816724085-10/19 13552 Highlands Ranch, 09/10/19-10/09/19, 403070 21048 $121.64 376 kWh 94601424467-10/19 17749 St Andrews Dr, 09/10/19-10/09/19, 403070 21053 $576.11 1,967 kWh 82015538790-10/19 13621 Gregg St, 09/10/19-10/09/19, 11,358 405060 21058 $2,103.85 kWh 96907731131-10/19 18775 1/2 Heritage Dr, 09/10/19-10/09/19, 379 403070 21060 $122.84 kWh 84321647992-10/19 17710 1/2 Old Coach, 09/10/19-10/09/19, 403070 21055 $1,448.00 6,773 kWh 48321383007-10/19 12910 Camino Del Valle 09/10/19-10/09/19 403070 21042 $2,603.22 12,638kwh 75223801844-10/19 14445 Lake Poway Rd, 09/22/19-10/21/2019, 402060 21056 $288.11 972 kWh Total for Check 407975: $16,282.69 December 3, 2019, Item #1.2Register of Demands: Warrants from 10/28/2019 -11/1/2019 Page: 7of10 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount U) 407974 31-Oct-19 218 SAN DIEGO GAS & ELECTRIC/SUNDRY 31507776772-10/19 Group Sundry Bill: Oct 2019 205020 21010 $539.45 0 31507776772-10/19 Group Sundry Bill: Oct 2019 414040 21010 $26.51 """" N ..a. 31507776772-10/19 Group Sundry Bill: Oct 2019 430050 21020 $1,933.17 31507776772-10/19 Group Sundry Bill: Oct 2019 430050 21030 $28,709.30 04920133400-10/19 Group Bill Cycle 14 09/10/19-10/09/19, 402060 21010 $1,851.37 213,416 kWh 04920133400-10/19 Group Bill Cycle 14 09/10/19-10/09/19, 402060 21041 $6,057.44 213,416 kWh 04920133400-1 0/19 Group Bill Cycle 14 09/10/19-10/09/19, 402060 21043 $2,770.51 213,416 kWh 04920133400-10/19 Group Bill Cycle 14 09/10/19-10/09/19, 402060 21049 $3,478.48 213,416 kWh 04920133400-10/19 Group Bill Cycle 14 09/10/19-10/09/19, 402060 21050 $1,690.09 213,416 kWh 04920133400-1 0/19 Group Bill Cycle 14 09/10/19-10/09/19, 402060 21051 $9,150.09 213,416 kWh 04920133400-10/19 Group Bill Cycle 14 09/10/19-10/09/19, 402060 21052 $6,633.10 213,416 kWh 04920133400-10/19 Group Bill Cycle 14 09/10/19-10/09/19, 402060 21054 $3,780.50 213,416 kWh 04920133400-1 0/19 Group Bill Cycle 14 09/10/19-10/09/19, 402060 21057 $1,661.98 213,416 kWh 04920133400-10/19 Group Bill Cycle 14 09/10/19-10/09/19, 402060 21059 $1,475.19 213,416 kWh 04920133400-10/19 Group Bill Cycle 14 09/10/19-10/09/19, 402060 21061 $1,295.72 213,416 kWh Total for Check 40797 4: $71,052.90 407898 31-Oct-19 999997 SANCHEZ, JOSEPH 20711174-12 Closing Bal Refund: Overpay #2071117 4-12 F5100 81020 $102.63 407976 31-Oct-19 829 SC COMMERCIAL, LLC 0725081-IN Fuel for Fleet -Diesel 2000 Gal 413010 31020 $6,869.94 0724038-IN Fuel for Fleet -Diesel 500.2 Gal 413010 31020 $1,988.16 0724145-IN Fuel for Fleet -Uni 3264 Dies 498 413010 31020 $12,243.26 Total for Check 407976: $21,101.36 407894 31-Oct-19 999998 SCHMID, BEN 10/19 -Schmid Paramedic license renewal 503050 31040 $200.00 407977 31-Oct-19 2078 SIEMENS MOBILITY, INC 5610194120 Monthly Streetlight Maintenance 430050 43270 $3,440.28 5620026132 Maintenance and Repairs 430050 43270 $9,071.82 5620026930 Community Center Parking Lot -Lights 415010 41200 $354.96 5610191444 Signal maintenance 430050 43260 $3,957.98 5620026716 Maintenance and repairs 430050 43260 $4,545.41 Total for Check 407977: $21,370.45 December 3, 2019, Item #1.2Register of Demands: Warrants from 10/28/2019 -11 /1/2019 Page: 8 of 10 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount ..Ii, 407979 31-Oct-19 776 SOUTH COAST EMERGENCY VEHICLE 496401 Unit 923 -Red Fleet FRT Disc 413010 47900 $15.14 0 SERVICE 0 496394 Unit 921 -Red Fleet -Hose, Handle, Regulator "'"" 413010 47900 $430.09 I\) Total for Check 407979: $445.23 ..Ii, 407980 31-Oct-19 771 SPECIAL TY ELECTRIC SUPPLY CO. 7148-561890 (300) Lamps 80002234 P2230 $35,234.25 407981 31-Oct-19 2045 SPOT ON STITCHING EMBROIDERY 1291 Uniform Embroidery 207020 49280 $69.00 407982 31-Oct-19 492 SQS VIDEO COMMUNICATIONS 20191284 Telecasting Services: Sep 17, Oct 1, Oct 15, 114010 41200 $1,200.00 2019 407983 31-Oct-19 1783 STATE OF CALIFORNIA SL200216 Signals and Lighting July -Sept 2019 430050 21020 $239.43 SL200216 Signals and Lighting July -Sept 2019 430050 43260 $330.23 Total for Check 407983: $569.66 407984 31-Oct-19 528 STATEWIDE SAFETY & SIGNS, INC 01005330 Nylon spacers for signs 411040 45300 $19.40 407985 31-Oct-19 984 STEVEN ENTERPRISES INC. 0422641-IN Ink Cartridge for Plotter 402560 47600 $89.74 407986 31-Oct-19 854 STRYKER SALES CORPORATION 2810521M Gurney Maintenance 503050 43080 $824.68 407895 31-Oct-19 999998 SYMMES, KLAYTON 10/19 -Symmes Rescue Systems Class 501050 31040 $41.00 407987 31-Oct-19 248 TIFCO INDUSTRIES 71498029 Nuts, Washers, Screws, Fuse, Hose Clamp 413010 47600 $171.02 407988 31-Oct-19 1422 TINOSA INC. 5696 SCBA Fill Station Air Sample Testing 501050 43080 $500.00 407989 31-Oct-19 1894 TYLER BUSINESS FORMS lnvoice-37158 MICR toner for check printer A/P & Payroll 111010 47100 $340.54 905333 28-Oct-19 941 U.S. DEPT. OF THE TREASURY FED WH PE2019-22 FED W/H EFT PE2019-22 F1000 86180 $28,595.58 FED WH PE2019-22 FED W/H EFT PE2019-22 F1000 86160 $114,892.42 Total for Check 905333: $143,488.00 407990 31-Oct-19 1580 UNIFIRST CORPORATION 361 0087418 City Hall: mats 415010 41200 $8.41 361 0087419 Meadowbrook Gym: mats and mops 415010 41200 $26.31 361 0087577 Mats & Uniforms: warehouse 415010 41200 $1.22 361 0087577 Mats & Uniforms: warehouse 410060 49280 $4.14 361 0087574 Fleet: mats and uniforms 415010 41200 $8.81 361 0087574 Fleet: mats and uniforms 413010 49280 $46.02 361 0087584 North Parks: uniforms 414040 49280 $26.60 361 0087580 Facilities: uniforms 415010 49280 $8.83 361 0087575 Stormwater: uniforms 412040 49280 $21.78 361 0087576 Streets: uniforms 411040 49280 $55.71 361 0087585 Public Works: mats 415010 41200 $6.45 361 0087586 Twin Peaks Gym: mats and mops 415010 41200 $11.37 361 0087588 Lake Poway Dock: mats 415010 41200 $9.89 361 0087581 Uniforms weekly rental fee 402560 49280 $32.45 December 3, 2019, Item #1.2Register of Demands: Warrants from 10/28/2019 -11/1/2019 Page: 9 of 10 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount ,..I, 407990 31-Oct-19 1580 UNIFIRST CORPORATION 361 0087583 Uniforms weekly rental fee 401060 49280 $28.33 ,..I, 0 361 0087582 Uniforms weekly rental fee .... 415010 41200 $8.54 N 361 0087582 Uniforms weekly rental fee 402060 49280 $24.94 ,..I, 361 0087578 Uniforms weekly rental fee 405060 49280 $5.44 361 0087579 Uniforms weekly rental fee 403570 49280 $31.60 361 0087416 Customer Services: uniforms 112010 49280 $10.46 361 0086588 Customer Services: uniforms 112010 49280 $10.46 361 0087423 South Parks: uniforms and mats 415010 41200 $32.78 361 0087423 South Parks: uniforms and mats 414040 49280 $19.48 361 0087587 PCPA Weekly Mat Service 10/24/19 204020 49280 $9.63 361 0083513 Stormwater: uniforms 412040 49280 $21.78 Total for Check 407990: $471.43 407991 31-Oct-19 655 UNITED SITE SERVICES 114-9363119 Portable Restroom Services 414040 41200 $453.86 407992 31-Oct-19 1085 UNITIS CONTRACTOR SUPPLIES 167020 Straw Wattle F1000 81350 $601.59 407993 31-Oct-19 696 USA BLUE BOOK 033310 Emergency Kit B for 1 Ton Chlorine Institute 402060 43080 $2,873.29 407994 31-Oct-19 321 VERIZON WIRELESS 9839609892 MiFi for back-up internet-PCPA 09/08/19-204020 22000 $38.01 10/07/19 407995 31-Oct-19 321 VERIZON WIRELESS 9839187382 Telemetry 09/02/19-10/01/19 503050 33011 $133.58 407996 31-Oct-19 321 VERIZON WIRELESS 9839609891 Fire Dept iPads, MiFi, cell phones 500050 33011 $76.02 9839609891 Fire Dept iPads, MiFi, cell phones 501050 33011 $5.26 9839609891 Fire Dept iPads, MiFi, cell phones 502050 22000 $114.03 9839609891 Fire Dept iPads, MiFi, cell phones 502050 33011 $1.95 9839609891 Fire Dept iPads, MiFi, cell phones 503050 22000 $570.15 9839609891 Fire Dept iPads, MiFi, cell phones 504050 22000 $38.49 Total for Check 407996: $805.90 407997 31-Oct-19 817 VOLVO CONSTRUCTION EQUIPMENT S501004915 Unit 775 -Vehicle Maintenance 413010 43120 $720.59 407998 31-Oct-19 272 WAX.IE 78650451 Sanitary supplies 415010 47200 $1,082.20 78647002 Sanitary supplies 415010 47200 $1,322.57 78649270 Sanitary supplies 415010 47200 $113.57 Total for Check 407998: $2,518.34 407999 31-Oct-19 280 WESTERN MOWER AND ENGINE 71670 Mixed fuel 411040 47600 $173.74 71315 Unit SE418 -Belts 413010 47900 $16.96 71868 Handheld Blower 412040 45600 $215.49 December 3, 2019, Item #1.2 .... N 0 -N .... Register of Demands: Warrants from 10/28/2019-11/1/2019 Check Check Number Date 407999 31-0ct-19 408000 31-0ct-19 408001 31-Oct-19 Payee/ Vendor# 280 620 1573 PayeeNendor Name WESTERN MOWER AND ENGINE WINOCO PAINTING, INC. ZORO TOOLS, INC. Invoice Number 71869 19-298 INV6714707 INV6719889 Director of Finance Approved: __ 12--_;_ _______________ _ Date: __ 11,_1/fif:---'--L-<fc-ff---------Description Chain saw oil and fuel Painted Poway signs Drink Mix, Ear Plugs Chargers for Vehicle Flashlights Org 412040 415010 F1000 403570 Page: 10 of 10 Object Project Check Amount 47600 $26.33 Tolal for Check 407999: $432.52 41200 53,320.00 81350 $417.30 43080 $28.45 Tolal for Check 408001: 5445.75 Regist.er Total: $4,443,694.15 December 3, 2019, Item #1.2<i) The City of Poway Director of Finance Submits the Following Register of Demands Run Date: 12-Nov-19 for the period 11/4/2019-11/8/2019 and Recommends its Ratification/Approval: ~ -..,I,, w 0 Check Check Payee/ Org Object Project Check Amount """' Number Date Vendor# PayeeNendor Name Invoice Number Description ~ ..,I,, 408016 08-Nov-19 888 211 SAN DIEGO INV70 CDBG -211 San Diego 1st Quarter 80002413 P2410 $3,115.40 408017 08-Nov-19 6 AGRICULTURAL PEST CONTROL 509962 Parks: pest control 414040 41200 $855.00 510582 Facilities: pest control 415010 41200 $570.36 Total for Check 408017: $1,425.36 408008 08-Nov-19 999998 AGUILAR, GIL 11/19 -Aguilar Aguilar, Mileage Reimbursement, Crane 401060 31040 $110.78 Training 408018 08-Nov-19 196 AIRGAS USA, LLC 9094409966 Pool Carbon Dioxide 203020 45200 $287.00 408019 08-Nov-19 196 AIRGAS USA, LLC 9094369277 Medical Oxygen 503050 47500 $159.01 408020 08-Nov-19 458 AMERICAN INNOTEK INC 616917 Disposable Urine Bags F1000 81350 $1,963.60 408021 08-Nov-19 470 AQUA-METRIC SALES CO INV0075362 Sensus F2 Fire Service Meters 402560 48999 $44,105.04 408022 08-Nov-19 93 ASSESSOR/RECORDER/CLERK NOE 2019 NOE 2019 412040 57300 $50.00 408023 08-Nov-19 835 AT&T 13799377 BAN 9391026565 09/24/19 -10/23/19 501050 33010 $60.66 )> 408024 08-Nov-19 835 AT&T 13799375 BAN 9391026563, 09/24/19-10/23/19 WTP Fire 402060 33010 $80.32 -I Alarm > 408025 08-Nov-19 835 AT&T 13799838 BAN 9391051949 -City Hall Net-09/24/19-114010 22000 $552.48 0 10/23/19 :I: 408026 08-Nov-19 835 AT&T 13799378 BAN 9391026567 -Group Bill-09/24/19-114010 33010 $773.91 3: 10/23/19 m 08-Nov-19 AT&T 13758797-2016 BAN 9391051982-Network & CaINet3-Balance 114010 33010 $6,932.96 z 408027 835 -I m 408028 08-Nov-19 40 SEEDS EMBROIDERY 2219 Street's supervisor shirts 411040 49280 $117.36 408029 08-Nov-19 368 BOUND TREE MEDICAL, LLC 83388808 Medical Supplies 503050 47400 $161.32 408003 08-Nov-19 999993 BRAKE PROS, INC. RW19-0020 RW19-0020 -Security Release 390030 59800 $500.00 408030 08-Nov-19 916 C.A. SHORT COMPANY 1540123 Service Awards: 04 2019 121010 45500 $336.54 408032 08-Nov-19 297 CALIFORNIA JOINT POWERS INSURANCE VEHICLE 11 Salvage Vehicle #11 122010 57600 $350.00 AUTHORITY 408031 08-Nov-19 1060 CAL-OSHA REPORTER 485828 Publications: Cal-OSHA Reporter Newsletter 400060 49240 $427.00 905339 06-Nov-19 788 CALPERS PERS EFT 2019-21 PERS EFT PE2019-21 F1000 87100 $127,169.39 PERS EFT 2019-21 PERS EFT PE2019-21 111010 13140 $0.09 Total for Check 905339: $127,169.48 408033 08-Nov-19 532 CANNON PACIFIC SERVICES, INC 150751 Special Street Sweeping 411040 43320 $109.65 408012 08-Nov-19 999999 CARL WARREN & COMPANY 1888317 Subrogation Recovery Fee 122010 57600 $24.00 408013 08-Nov-19 999999 CARL WARREN & COMPANY 1890471 Subrogation Recovery Fee 122010 57600 $24.00 408034 08-Nov-19 373 COAST RECREATION, INC. 13175 Starridge Park: playground structure parts 414040 43160 $272.44 December 3, 2019, Item #1.2Register of Demands: Warrants from 11/4/2019-11/8/2019 Page: 2 of 9 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount ..a. 408035 08-Nov-19 1112 COLANTUONO, HIGHSMITH & WHATLEY, 40416 RPTTF Legal Services 17% Share -Sept 2019 310080 17011 $89.25 ~ PC 0 408036 08-Nov-19 286 COSTCO WHOLESALE 7751424771 JPIA Refreshments: Environmental Safety 400060 47600 $125.35 -ti N COUNTY OF SAN DIEGO REGIONAL ..a. 408037 08-Nov-19 488 010-42942 800 MHz Radio -FY20 Admin Exp 114010 51130 $4,134.79 COMMUNICATIONS SYSTEM 408038 08-Nov-19 1937 COURTESY CHEVROLET CENTER, INC 070819 Unit 57 Replacement 115010 61040 $35,465.92 070819 Unit 57 Replacement 115010 61040 $30.00 070819 Unit 57 Replacement 115010 61040 $8.75 Total for Check 408038: $35,504.67 408039 08-Nov-19 94 COX COMMUNICATIONS 41212502-11/19 City Hall Internet Connection: Nov 2019 114010 22000 $1,298.50 408014 08-Nov-19 999997 CROSSMAN, BERT 32622000-10 Closing Bal Refund: Deposit #32622000-10 F5100 86620 $395.00 32622000-10 Closing Bal Refund: Deposit #32622000-10 F5100 81020 ($85.31) Total for Check 408014: $309.69 408040 08-Nov-19 43 D & D SERVICES INC. 89090 Dead Animal Disposal Services -October 2019 301030 41200 $1,940.00 408042 08-Nov-19 627 DEPARTMENT OF JUSTICE 408935 Fingerprinting: September 2019 80002425 P2420 $15.00 408935 Fingerprinting: September 2019 121010 49340 $226.00 Total for Check 408042: $241.00 408043 08-Nov-19 330 DEPARTMENT OF PESTICIDE Pest 2019 Pesticide applicators renewals 414040 49240 $500.00 REGULATION 408041 08-Nov-19 424 D-MAX ENGINEERING INC 5239 SW Pollution Plan -September 2019 308040 41200 $388.19 408044 08-Nov-19 949 DUNN EDWARDS PAINTS 2072165954 Distribution Maintenance Paint 402560 47600 $77.03 408045 08-Nov-19 740 ENNISS INC. 209548 Concrete Sand 411040 45900 $748.88 408015 08-Nov-19 999997 ESFAHANIZADEH, CAROL 32202500-35 Closing Bal Refund: Overpay #32202500-35 F5100 81020 $13.83 408046 08-Nov-19 350 EWING IRRIGATION 8618949 Lake Poway: irrigation supplies 414040 47700 $604.65 408047 08-Nov-19 102 FEDEX 6-764-72630 Uniform Shipping 501050 49280 $58.72 408048 08-Nov-19 27 FLEET PRIDE/ASSOCIATED TRUCK 36554030 Unit 61 -Directional LED, Clearance Markers 413010 47900 $248.94 PARTS 408049 08-Nov-19 1099 FULL MEASURE FY20 Xmas Ent-2 50% Deposit FY20 Xmas Ent-2 205020 41200 $237.50 408050 08-Nov-19 592 GARY F. HOYT, LANDSCAPE CP-2350 Landscape Plan Checks & Inspections -August 391030 59250 $1,480.00 ARCHITECTURE INC. 2019 CP-2350 Landscape Plan Checks & Inspections -August 391030 59150 $1,400.00 2019 CP-2351 Plan Check & Inspections -August 2019 301030 17999 $400.00 Total for Check 408050: $3,280.00 408051 08-Nov-19 120 GRAINGER INC 9337213426 Battery 412040 43080 $331.91 408009 08-Nov-19 999998 HAHN.ROBERT ATV Helmets 2019 DOT approved A TV helmets 414040 47500 $698.09 December 3, 2019, Item #1.2Register of Demands: Warrants from 11/4/2019 -11/8/2019 Page: 3 of 9 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount ...I, 408052 08-Nov-19 483 HANSON AGGREGATES PACIFIC 2062524 3.23 Tons of Asphalt 411040 45900 $197.89 en SOUTHWEST, INC $816.38 0 2063001 Cold Patch Stock 402560 43080 "'"" I\) Total for Check 408052: $1,014.27 ...I, 408053 08-Nov-19 123 HARRINGTON INDUSTRIAL PLASTICS INC 004K0744 PVC Piping and Fittings 402060 43080 $1,264.15 408054 08-Nov-19 1492 HEALTH ADVOCATE INC. CITYOFPOWAY2-Service: November 1, 2019 through January F1000 87399 $810.00 191015 31,2020 408056 08-Nov-19 152 HOME DEPOT COMMERCIAL ACCOUNT 1350007 Work Order 231143: repair supplies 415010 47600 $42.03 1360005 Cleaning Vinegar WTP 402060 47600 $23.14 1340010 Shade for Field Crew 403570 43080 $150.81 8220289 Magnets 112010 47100 $2.42 5340043 Painting Equipment for Fence 403570 43080 $13.98 9360019 Work Order 231356: repair supplies 415010 47600 $21.69 Total for Check 408056: $254.07 408057 08-Nov-19 1070 HUNTER GENERAL ENGINEERING INC. 2200111-PP1 Hydronic Piping 80006171 P6170 $5,259.20 408058 08-Nov-19 750 JCI JONES CHEMICALS, INC. 802552 Liquid Chlorine, 10/03/19, 5 Tons 402060 45200 $2,950.00 802542 Sodium Hydroxide, 10/03/19, 11.8060/DTon 402060 45200 $8,854.49 804410 Liquid Chlorine, 10/28/19, 8. 75 tons 402060 45200 $2,950.00 Total for Check 408058: $14,754.49 408059 08-Nov-19 1363 JEFF KATZ ARCHITECTURAL 19358 Construction Documents Design 80004200 P0000 $4,212.00 CORPORATION 408004 08-Nov-19 999993 KOC CONSTRUCTION RW19-0012 RW19-0012 -Security Release 390030 59800 $5,000.00 408060 08-Nov-19 757 KOi CITY INC 019-674 Water conditioner 414040 41200 $16.14 019-650 Weekly Maintenance 414040 41200 $300.00 Total for Check 408060: $316.14 408061 08-Nov-19 1011 KRONOS INC. 11517327 Telestaff / Staffing 501050 33010 $106.11 408062 08-Nov-19 736 LEARNSOFT CONSUL TING, INC. 163115h Effective Project Management Fundamentals 121010 14020 $430.00 905341 08-Nov-19 616 MANUFACTURERS & TRADERS TRUST 457 PPE 11/3/19 ICMA 457 deferred comp deductions PPE F1000 86120 $31,268.83 CO. BANK 11/3/19 905342 08-Nov-19 616 MANUFACTURERS & TRADERS TRUST 457R PPE 11 /3/19 ROTH 457 deferred comp PPE 11/3/19 F1000 86120 $3,293.04 CO. BANK 905343 08-Nov-19 616 MANUFACTURERS & TRADERS TRUST 401A PPE 11/3/19 401A employer contributions PPE 11/3/19 F1000 86130 $11,476.36 CO.BANK 905344 08-Nov-19 616 MANUFACTURERS & TRADERS TRUST ROTH PPE 11/3/19 ROTH IRA employee contributions PPE 11/3/19 F1000 86220 $225.00 CO. BANK 905345 08-Nov-19 616 MANUFACTURERS & TRADERS TRUST RHS PPE 11/3/19 Retirement Health Savings Plan (Safety)PPE F1000 87004 $1,698.24 CO. BANK 11/3/19 905346 08-Nov-19 616 MANUFACTURERS & TRADERS TRUST RHM PPE 11/3/19 Retirement Health Savings Plan (Mgmt) PPE F1000 87004 $10,873.97 CO. BANK 11/3/19 December 3, 2019, Item #1.2Register of Demands: Warrants from 11/4/2019 -11/8/2019 Page: 4 of9 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount ..a. 408005 08-Nov-19 999993 MERIDIAN COMMUNITIES, LLC RW19-0391 RW19-0391 -Security Release 390030 59800 $500.00 en 0 408063 08-Nov-19 1364 MICHAEL BAKER INTERNATIONAL INC. 1062644 Plan Checks -September 2019 305030 41220 $1,320.00 .... N ..a. 1062644 Plan Checks -September 2019 391030 59100 $1,716.00 Total for Check 408063: $3,036.00 408055 08-Nov-19 611 MYERS AND SONS HI-WAY SAFETY, INC. 95552 Traffic Safety Cones for SVP 504050 47600 $475.72 408064 08-Nov-19 175 NAPA AUTO PARTS/POWAY 405755 Unit 904 -Spark Plug 413010 47900 $41.96 407769 Unit 22 -Canister Vent Connector 413010 47900 $23.96 406755 Stock -Air and Oil Filters, Spark Plug 413010 47900 $23.51 407867 Stock -Air and Oil Filter 413010 47900 $12.45 408208 Unit 22 and Stock -Oil Filter, Thermostat 413010 47900 $26.37 408356 Credit -Air Filter 413010 47900 ($32.56) 407869 Unit 531: Air Filter 413010 47900 $48.03 408211 Stock -Oil Filters 413010 47900 $56.12 408357 Credit -Pigtail 413010 47900 ($23.96) Total for Check 408064: $175.88 408065 08-Nov-19 2044 NATIONWIDE MEDICAL SURGICAL INC 1052315 ALS Medications 503050 47400 $1,413.09 1052316 ALS Medications 503050 47400 $79.20 Total for Check 408065: $1,492.29 408011 08-Nov-19 999995 NEIDRE, CHRIS 2014075.001 Deposit Refund Permit 22338 205020 74710 $300.00 408066 08-Nov-19 84 OFFICE DEPOT BUSINESS SERVICES 390897570-001 Finance Check Printer: Black Toner 111010 47100 $402.87 DIVISION 393599891-001 Return: Finance Check Printer: Black Toner 111010 47100 ($402.87) 396802901-001 Office Supplies 401060 47100 $13.22 396802900-001 Office Supplies 401060 47100 $9.29 396802900-001 Office Supplies 413010 47100 $14.64 396802550-001 Office Supplies 402560 47100 $27.20 396784356-001 Office Supplies -2nd Floor 300030 47100 $42.82 396291418-001 Office Supplies -2nd Floor 304030 47100 $43.09 Total for Check 408066: $150.26 408067 08-Nov-19 1757 ONE RING NETWORKS, INC INV000000292102 City Hall Backup Internet: Nov 2019 114010 22000 $499.00 408068 08-Nov-19 233 ONESOURCE DISTRIBUTORS S6285126.001 Electrical/Electronic Supplies 402060 43080 $281.56 408069 08-Nov-19 762 PINPOINT PEST CONTROL CO. INC. 442694 Bee control 423040 41200 $85.00 442697 Bee Removal: Meter Box 15209 Crocker Rd 112010 41200 $85.00 442724 Bee Removal: Meter Box 14235 Match Point Dr 112010 41200 $75.00 December 3, 2019, Item #1.2Register of Demands: Warrants from 11/4/2019 -11/8/2019 Page: 5 of 9 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount ..a. 408069 08-Nov-19 762 PINPOINT PEST CONTROL CO. INC. 442725 Bee Removal: Meter Box 13345 Miguel Garden 112010 41200 $75.00 ...... Way 0 442726 Bee Removal: Meter Box 13018 Buckley St 112010 41200 $75.00 """' N ..a. 442695 Bee inspection 423040 41200 $55.00 444309 Bee Wasp Control 420140 41200 $85.00 444310 Bee control 424140 41200 $85.00 Total for Check 408069: $620.00 408070 08-Nov-19 522 PLASTIFAB 110366 Equipment / Apparatus 501050 43080 $425.61 408071 08-Nov-19 25 POWAY CENTER FOR THE PERFORMING 10272019 Poway OnStage Weekly Ticket Sales F1000 86330 $8,409.00 ARTS FOUNDATION 408072 08-Nov-19 274 POWAY SENIOR CENTER 11/19 Monthly Rent -Nov 2019 Payment 80007712 P7710 $9,500.00 408073 08-Nov-19 382 PRES-TECH 9862 PT26 Valve Exerciser 115010 61999 $28,015.00 408074 08-Nov-19 653 PSOMAS, INC 156344 Design Consultant -Martincoit 80004200 P0000 $7,235.79 408075 08-Nov-19 1518 RANDALL LAMB ASSOCIATES, INC. 105910 Design Services -City Hall Hydronic Pipe 80006171 P6170 $2,880.00 408076 08-Nov-19 358 ROADONE A753646 Bronto move 412040 41200 $270.00 A753650 Bronto move 412040 41200 $270.00 Total for Check 408076: $540.00 408077 08-Nov-19 230 RUTAN AND TUCKER 850975 012782-0005 Professional Service through 102010 17010 $12,344.38 09/30/19 850976 012782-0006 Professional Service through 121010 17011 $989.00 09/30/19 850977 012782-0011 Professional Service through 102010 17010 $667.00 09/30/19 851135 012782-0021 Professional Service through 80001001 P1000 $6,281.60 09/30/19 850973 Professional Services through 09/30/19 80001001 P1000 $292.00 850981 012782-0023 Professional Service through 80001001 P1000 $1,138.80 09/30/19 850986 012782-0027 Professional Service through 102010 17020 $1,012.00 09/30/19 Total for Check 408077: $22,724.78 408078 08-Nov-19 2122 SAFEWEST 1924 Respirator Fit Testing 401060 47500 $255.00 1924 Respirator Fit Testing 402060 47500 $255.00 1924 Respirator Fit Testing 403570 47500 $85.00 Total for Check 408078: $595.00 408079 08-Nov-19 845 SAGE VIEW INC. 2972 Grove Maintenance 414040 41600 $8,474.99 408080 08-Nov-19 218 SAN DIEGO GAS & ELECTRIC/SUNDRY 36194890059-10/19 Group Sundry Bill: Oct 2019 208020 21010 $6,594.35 36194890059-10/19 Group Sundry Bill: Oct 2019 203020 21010 $2,589.91 December 3, 2019, Item #1.2Register of Demands: Warrants from 11/4/2019 -11/8/2019 Page: 6 of 9 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount ~ 408080 08-Nov-19 218 SAN DIEGO GAS & ELECTRIC/SUNDRY 36194890059-10/19 Group Sundry Bill: Oct 2019 204020 21010 $321.66 00 0 36194890059-10/19 Group Sundry Bill: Oct 2019 ..... 205020 21010 $378.29 ~ 36194890059-1 0/19 Group Sundry Bill: Oct 2019 413010 21010 $1,065.74 ~ 36194890059-10/19 Group Sundry Bill: Oct 2019 402560 21010 $12.24 36194890059-10/19 Group Sundry Bill: Oct 2019 414040 21010 $740.02 36194890059-10/19 Group Sundry Bill: Oct 2019 421040 21010 $59.02 36194890059-10/19 Group Sundry Bill: Oct 2019 423040 21010 $88.71 36194890059-10/19 Group Sundry Bill: Oct 2019 424040 21010 $11.19 36194890059-10/19 Group Sundry Bill: Oct 2019 420140 21010 $100.17 36194890059-10/19 Group Sundry Bill: Oct 2019 430050 21020 $2,252.43 70037975983-10/19 Group Sundry Bill: Oct 2019 114010 21010 $1,439.84 70037975983-10/19 Group Sundry Bill: Oct 2019 208020 21010 $328.07 70037975983-10/19 Group Sundry Bill: Oct 2019 202020 21010 $2,532.52 70037975983-10/19 Group Sundry Bill: Oct 2019 204020 21010 $200.70 70037975983-10/19 Group Sundry Bill: Oct 2019 205020 21010 $995.64 70037975983-1 0/19 Group Sundry Bill: Oct 2019 414040 21010 $227.89 70037975983-1 0/19 Group Sundry Bill: Oct 2019 421040 21010 $44.63 70037975983-10/19 Group Sundry Bill: Oct 2019 423040 21010 $34.40 70037975983-10/19 Group Sundry Bill: Oct 2019 425040 21010 $21.11 70037975983-10/19 Group Sundry Bill: Oct 2019 430050 21020 $154.05 70037975983-10/19 Group Sundry Bill: Oct 2019 501050 21010 $3,850.90 04944440039-10/19 Special Districts Cycle 14 09/09/19-10/08/19 421040 21010 $70.05 04944440039-1 0/19 Special Districts Cycle 14 09/09/19-10/08/19 423040 21010 $45.17 04944440039-1 0/19 Special Districts Cycle 14 09/09/19-10/08/19 424040 21010 $23.81 04944440039-1 0/19 Special Districts Cycle 14 09/09/19-10/08/19 425040 21010 $33.28 04944440039-10/19 Special Districts Cycle 14 09/09/19-10/08/19 426040 21010 $10.77 04944440039-10/19 Special Districts Cycle 14 09/09/19-10/08/19 420140 21010 $204.94 04944440039-1 0/19 Special Districts Cycle 14 09/09/19-10/08/19 424140 21010 $23.03 04944440039-10/19 Special Districts Cycle 14 09/09/19-10/08/19 425140 21010 $23.29 04944440039-1 0/19 Special Districts Cycle 14 09/09/19-10/08/19 421240 21010 $11.39 04944440039-1 0/19 Special Districts Cycle 14 09/09/19-10/08/19 430050 21020 $1,273.81 Total for Check 408080: $25,763.02 408002 08-Nov-19 999996 SAN DIEGO REGIONAL CENTER PW19001596 Refund for Service 04/30/19 503050 77550 $518.45 December 3, 2019, Item #1.2Register of Demands: Warrants from 11/4/2019 -11/8/2019 Page: 7 of 9 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount ~ 408081 08-Nov-19 256 SENTRY FENCE COMPANY 5671 Poway Grade 411040 43240 $1,500.00 (0 0 408082 08-Nov-19 1516 SILVER MOON LIGHTING, INC. -II 2308 Holiday Light Installation 414040 41200 $4,724.00 N 408083 08-Nov-19 1997 SONSRAY MACHINERY, LLC P21169-01 Unit 7 48A -Nuts, Bolt 413010 47900 $24.46 ~ 408084 08-Nov-19 1517 SWAGIT PRODUCTIONS, LLC 13971 Video Streaming Services: Oct 2019 114010 41200 $725.00 408006 08-Nov-19 999993 T-MOBILE USA, INC. RW18-0328 RW#18-0328 -Security Release 390030 59800 $500.00 408085 08-Nov-19 1229 TOMLINSON LLC FY20 Xmas Ent-1 50% Deposit FY20 Xmas Ent-1 205020 41200 $200.00 408086 08-Nov-19 977 TOSHIBA BUSINESS SOLUTIONS 5082939 Copier 09/24/19-10/23/19 114010 43080 $1,410.80 408087 08-Nov-19 1696 TRANSUNION RISK AND ALTERNATIVE DATA SOLUTIONS INC 3081831-201909-1 Sheriffs Data Services 09/01 /19-09/30/19 504050 41200 $170.80 2081831-201910-1 Sheriffs Data Services 10/1-10/31/19 504050 41200 $183.90 Total for Check 408087: $354.70 905347 08-Nov-19 785 U.S. BANK NA PARS ARS PE2019-23 PARS ARS PE2019-23 F1000 87200 $1,847.40 905348 08-Nov-19 785 U.S. BANK NA PARS REP PE2019-23 PARS REP PE2019-23 F1000 87210 $11,014.75 905349 08-Nov-19 785 U.S. BANK NA PARS REPEX PE2019-PARS REP EXCESS PE2019-23 F1000 87210 $25,075.00 23 408088 08-Nov-19 898 ULTIMATE LABS INC. 02-1119-00329 Lab Services, Coliform, October 2019 402560 17300 $75.00 408089 08-Nov-19 236 UNDERGROUND SERVICE ALERT 18dsbfe5883 Dig Safe Board Fee -October 2019 402560 57300 $69.47 1020190536 Dig Safe Monthly Charges -October 2019 402560 49240 $107.35 Total for Check 408089: $176.82 408090 08-Nov-19 1580 UNIFIRST CORPORATION 361 0088241 Fire Station 1 mats/towels 501050 49280 $29.88 361 0088243 Fire Station 3 mats/towels 501050 49280 $43.51 361 0088242 Fire Station 2 mats/towels 501050 49280 $21.89 361 0087421 Fire Station 2 501050 49280 $21.89 361 0087420 Fire Station 1 mats/towels 501050 49280 $29.88 361 0087422 Fire Station 3 mats/towels 501050 49280 $43.51 361 0088240 Meadowbrook Gym: mats and mops 415010 41200 $26.31 361 0088239 City Hall: mats 415010 41200 $8.41 361 0088396 Uniforms Weekly Rental Fee 402560 49280 $32.45 361 0088398 Uniforms Weekly Rental Fee 401060 49280 $28.33 361 0088394 Uniforms Weekly Rental Fee 403570 49280 $31.60 361 0088397 Uniforms Weekly Rental Fee 415010 41200 $8.54 361 0088397 Uniforms Weekly Rental Fee 402060 49280 $24.94 361 0088393 Uniforms Weekly Rental Fee 405060 49280 $5.44 361 0088401 Twin Peaks Gym: mats and mops 415010 41200 $11.37 361 0088400 Public Works: mats 415010 41200 $6.45 December 3, 2019, Item #1.2Register of Demands: Warrants from 11/4/2019 -11/8/2019 Page: 8 of 9 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount N 408090 08-Nov-19 1580 UNIFIRST CORPORATION 361 0088403 Lake Poway dock: mats 415010 41200 $9.89 0 $55.71 0 361 0088391 Street's Division: uniforms 411040 49280 "'"" N 361 0088390 Storm water: uniforms 412040 49280 $34.24 ...II,, 361 0088395 Facilities: uniforms 415010 49280 $8.83 361 0088399 North Parks: uniforms 414040 49280 $26.60 361 0088237 Customer Services: Uniforms 112010 49280 $9.25 361 0088402 Weekly Mat Service -PCPA 10/31/19 204020 49280 $9.63 361 0088392 Mats & Uniforms -Warehouse 415010 41200 $1.22 361 0088392 Mats & Uniforms -Warehouse 410060 49280 $4.14 361 0088389 Mats & Uniforms -Fleet 415010 41200 $8.81 361 0088389 Mats & Uniforms -Fleet 413010 49280 $46.02 Total for Check 408090: $588.74 905338 04-Nov-19 334 UNION BANK-SAN DIEGO Disc Bene Oct 2019 Flexible Spending Register Oct 2019 F1000 80050 $5,347.00 Disc Bene Oct 2019 Flexible Spending Register Oct 2019 F1000 80050 ($5,347.00) Disc Bene Oct 2019 Flexible Spending Register Oct 2019 F1000 86190 $5,347.00 Total for Check 905338: $5,347.00 905340 07-Nov-19 334 UNION BANK-SAN DIEGO PPE 11/3/19 Transfer net payroll to Union Bank PPE 11/3/19 TREA 80030 $585,074.04 PPE 11/3/19 Transfer net payroll to Union Bank PPE 11/3/19 F1000 80030 ($585,074.04) PPE 11/3/19 Transfer net payroll to Union Bank PPE 11/3/19 F1000 80030 $585,074.04 Total for Check 905340: $585,074.04 408091 08-Nov-19 685 UNIVAR USA SD805131 Liquid Permanganate, 10/23/19, 2,550 lb 402060 45200 $4,464.89 408092 08-Nov-19 1612 USAFACT, INC. 9102530 Background Investigation 121010 17999 $9.00 9103027 Background Investigation 121010 17999 $25.00 Total for Check 408092: $34.00 408093 08-Nov-19 321 VERIZON WIRELESS 9841069332 Communications Outreach Cell Phone 10/29-103010 33011 $25.43 11/28/19 408094 08-Nov-19 321 VERIZON WIRELESS 9840516343 Field / Mobile Broadband Data: Oct 2019 113010 22000 $76.02 408095 08-Nov-19 474 VIP JANITORIAL SERVICE 5709 Onsite Janitorial Services for PCPA -October 204020 41400 $2,939.68 2019 5710 Janitorial Supplies -PCPA 204020 47200 $261.81 5706 City Hall: unscheduled carpet cleaning 415010 41400 $80.00 5707 Sanitary supplies 415010 47200 $1,937.01 Total for Check 408095: $5,218.50 408007 08-Nov-19 999991 VU, KEVIN AND NANCY MDRA17-036 MDRA17-036 Erosion Control Deposit Refund 390030 59800 $2,000.00 December 3, 2019, Item #1.2N .... 0 -N .... Register of Demands: Warrants from 11/4/2019-11/8/2019 Check Check Payee/ Number Date Vendor /J PayeeNendor Name 408096 08-Nov-19 272 WAXIE 408098 08-Nov-19 280 WESTERN MOWER AND ENGINE Invoice Number 78624521 78634255 71799 71696 71964 72072 71870 408097 08-Nov-19 779 WEST-MARK P101462 0001 408010 08-Nov-19 999998 WHITE, THOMAS 11/19-White 408099 08-Nov-19 2119 XYLEM DEWATERING SOLUTIONS, INC 400963346 Director of Finance Approved:---~---==---.,,.__-----------Date: __ 11.,_½_/'-'V /1/'"""1/-+-f ________ _ / Description Janitorial Supplies Janitorial Supplies Sharpen chain saw Mixed fuel and chain oil Toro Turfmaster Re~acementmowerparts Repair parts Red Fleet -16Gal Foam Tank OT Meal -6 em~oyees Godwin Pump Repair Page: 9 of 9 Org Object Project Check Amount 501050 47200 $363.17 501050 47200 $97.58 Total for Check 408096: $460.75 412040 47600 S90.00 414040 47600 S199.18 115010 61040 $1,797.77 414040 43080 S62.84 412040 47600 $29.77 Total for Check 408098: $2,179.56 413010 43120 $2,080.21 402060 47600 $53.85 402060 43080 $2,574.27 Register Total: $1,112,612.71 City of Poway COUNCIL AGENDA REPORT DATE: December 3, 2019 TO: FROM: Honorable Mayor and Members of the City Council Faviola Medina, City Clerk � (858)668-4535 or fmedina@poway.org SUBJECT: Approval of Minutes Summary: The City Council Meeting Minutes submitted hereto for approval are: •November 5, 2019 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency. Recommended Action: It is recommended that the City Council approve the Minutes as submitted. Public Notification: None. Attachments: A.November 5, 2019 Regular City Council Meeting Minutes Reviewed/ Approved By: Wend aserman Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager 1 of 6 December 3, 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 REGULAR MEETING MINUTES November 5, 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 Regular Meeting to order at 7:00 p.m. ROLL CALL John Mullin, Barry Leonard, Caylin ,.Frank, Dave Grosch, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Ass,istant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Faviola Medlna; ,Developmer1t Services Director Bob Manis; Finance Director Aaron Beanan; Human Resm:Jrce-81.Risk Managemerit Director Jodene Dunphy; Director of Public Works Eric Heidemann; Fire Chief Jon Canavan; -Captain Jeff Duckworth, Sheriff's Department. (Note: Hereinafter the 1tif[es Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney� City Clerk and Director of Finance shafl be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director ofijih:anoefFif1ance Officer.) PLEDGEtOF ALLEGIAN-OE Deputy Mayor Grosch led the Pledge of Allegiance. MOMENT OF S'llENCE Mayor Vaus led a moment of silence. PRESENTATION Councilmember Frank presented a Proclamation to Poway Chamber of Co mmerce Executive Director Ed Franklin, and Chair Anita Edmonson in recognition of Poway Shop Local Month. PUBLIC ORAL COMMUNICATIONS Elaine Gillum requested Council to examine staff costs under the water and sewer umbrella. Denise Ott with Metropolitan Educational Theatre (Met2) invited the public to their upcoming show, "Annie" at Poway Center for the Performing Arts. 2 of 6 December 3, 2019, Item #1.3 ;. 3 of 6 December 3, 2019, Item #1.3 City of Poway-Minutes -November 5, 2019 Danielle Parsons with State Senator Brian Jones' office invited Council to a legislative open house on Thursday, November 14 at 6:00 p.m. at the Sunrise Church in Santee. 1. CONSENT CALENDAR Mayor Vaus pulled Item 1. 8 for discussion. The Council expressed their support of the street name change in memory of Lori Lynn Gilbert-Kaye and thanked City staff for their assistance. Motioned by Mayor Vaus, seconded by Councilmember Mullin to approve Consent Calendar Item 1.8 to approve the request to change the J)ame of Eva Drive to Lori Lynn Lane. Motion carried by the foll~wing roll-call vote: I Ayes: Mullm, Leonard, Frank~•--'. ,4:,_ Va_ us Noes: None ~ '_ Absent: None ~4',·-~1 1/ -, 11_ ' Motioned by Mayor Vaus, seconded by. ncilmember Mu'H.,Jo approve Consent Calendar Items 1. 1 through 1. 7 and 1.9 thrJ.IJJ 1. 13. Motion carrielf& the following roll- call vote: ' ,d~-~ ' Ayes: Mulli. nard, Fra~~ Vaus \w Noes: None-· 'C Absent: None \ ·~ ' ~ ,, ' 1.1 Approval of Read •• A,tliitle only artraiver.-~ading inliH of Ordinances on Agenda ~ '~~1/· 1.2 Ratification of ••nt Regtltars for thefal{l{«i Se(tfmber 16, 2019 through September ~/c ~ ~ -~ 20, 2019; and ~iltember 2jl2019 thr@D)rf September 27, 2019; September 30, 2019 through October~~ 9; ;Jnl@ctober 7, 2(1),9 through October 11, 2019 -~ •• -/~;.~■/,■■--■--~ A /~-l4''½Q t b--~la c·t' ·1 M t· M. t 1.3 ~--~>}')%,'\~,;J~,. o er~,.; §~-~ y •unc1 ee mg mu es ., ~ .. 1.4 A-, ,·f1tion of the 20~J€ity Cou:fil Meeting ~lendar /~~ ,, ,, 1.5 Accept-j~e of Poway Rtad Turn~-llcket Extension Project; Bid No. 19-019 with Tri-Group C t -,-~ dD I~ I Vi; I ans ruvt:1.an eve 0ijaent, nc., as compete ,, 1• 1.6 Acceptance al.way Ciadr for the Performing Arts Smoke Hatch Winch Replacement Project; Bid No. ~\01a~4rlAToM Engineering Construction, Inc., as complete •• 1 7 A t f P bl -~1Wlf7 t f th B . S bd. . . P . t Wl16 005 . ccep ance o u Ic~ ,mprovemen s or e ourgeoIs u IvIsIon roJec ; - 1.8 Adoption of Resolution No. P-19-12 entitled "A Resolution of the City Council of the City of Poway, California, Approving Street Name Change of Eva Drive to Lori Lynn Lane (Street Name Change 19-001 )" 1. 9 Adoption of Resolution No. 19-057 entitled "A Resolution of the City Council of the City of Poway, California, Authorizing the Submittal of a CalRecycle Waste Tire Enforcement Grant Application In Partnership with the City of San Diego Solid Waste Local Enforcement Agency And Authorizing the City of San Diego Solid Waste Local Enforcement Agency to 4 of 6 December 3, 2019, Item #1.3 City of Poway -Minutes -November 5, 2019 Act on behalf of the City of Poway to Secure Grant Funds And Implement the Work Specified in the Grant through June 30, 2024" 1.10 Adoption of Resolution No. 19-058 entitled "A Resolution of the City Council of the City of Poway, California, Approving Application(S) for Per Capita Grant Funds" 1.11 Award of Contract to J.J. Kane Associates, Inc., OBA Ken Porter Auctions for Auction Services; RFP No. 20-008 1.12 Award of Contract to Tri-Group Construction and Development, Inc. for the Valle Verde Park Playground Renovation Project; Bid No. 20-006 A· 1.13 Request for Additional Appropriation for Vegeta. ti .. o-.J'e~•.ment Program 2. ORDINANCE /J!ff ~-, . •· None. ~.H1' ' 3. PUBLIC HEARING C ' ·., A· ·■, None. ·•··• •J,,, .. 4. STAFF REPORT -~f:,y "I:/ "'f14t~~1/,' /' None. <t;\ {~,,-,,,,, •~-· '• w.. ., 5. WORKSHOP ;~,~ -,~ ~2;-/ ·ft .:/ • "71 ~ 5.1 Poway Center fo(le Perfor11J1:ig Arts (P~A') Workshop to Discuss Operating Models ,. •• . A . t 4, r'"t M ., \J\{/'~l~u;, -d C "t S . M B 1· d ssIs qJi,~~JtV ana~•Yk-i,~ldN't,.taserman•_p ommurn y ervIces anager e in a R ~~(/,,., ...... ,.,. th '»~/ ~" W ~ .. --<?J~F?e~t,~■ e •t;•• ,~,,~ fl ,,., %. • ~~ lvf'fjaserman re •• d thafjuring the aevelopment of the workshop material and conf■ration of alterftjes, ttfttjty Manager's Office was in dialogue with Poway Unified Schocf(i1itrict (PUSD)"'9ministrf'(f~ and during conversations, PUSD expressed interest ,~ •· WI in taking if,r the PCP.She stared that the approved FY 2019-20 budget is barely balanced afffJJ1e projectiol for FY 2020-21 indicate expenditures may surpass revenues. She added tAqUttle new·■~enue is expected from sales tax or property tax which are the . '%74 -~ .. main revenue dntjt,J~ Jatne General Fund. She clanf1ed that the General Fund has subsidized the PCF(.lrations since the facility opened in 1990, which now requires several large capital 11fintenance projects. She indicated that during the budget process, staff and the Budget Review Committee recommended looking at alternative operating structures and options which are more financially sustainable for the City. Ms. Kaserman stated that the PCPA is located on PUSD property and was primarily funded by the former Redevelopment Agency, which is no longer in existence. She went on to explain that the Redevelopment Agency didn't cover the full construction expenses, so a capital campaign was initiated by City Staff and PUSD contributed about half a million dollars toward the project. She further explained that City staff and Council created a new separate 501 c3 non-profit foundation called The Poway Foundation for the Performing Arts. Ms. Kaserman stated that it was initially formed to generate capital funding and to run the capital 5 of 6 December 3, 2019, Item #1.3 City of Poway -Minutes -November 5, 2019 project and was envisioned to be a long-term fundraising arm of the PCPA to offset operating and capital costs in the future. She added that when the PCPA first opened, Theatre Corporation of America ran the professional performance series until they ran into financial trouble and went bankrupt. At that time, The Poway Foundation took over operations. She explained that over the next few years the structure of The Poway Foundation changed, going from a fundraising arm to becoming the organization they are today, known as Poway OnStage. The facility use policy in place has three primary users which are listed in priority access order; Poway OnStage, PUSD, Community Rental Groups. Ms. Belinda Romero explained the various potential ~ttons; Option 1a (no change to operations, doesn't provide a long-term revenue solut~,a;ption 1 b (operational continuity for users, will not generate capital funding an5WJI Ir will be new agreements and programming challenges), Option 2a (end operiJI~~~! PUSD access; greatest long- term savings), Option 2b (negotiate with P~(~i ~ir,e facility; greatest long-term savings), Option 3 (terminates Poway Or,ltagr (POS1'Jreement, issue operational Request for Proposal (RFP) and PUSD~~35% use) af«Joption 4 (terminate POS . . -:•; ~~ Agreement, create a foundation, Issue-~1<Ing agent RFP an<r.JliD has 35% use). Ms. Kaserman provided staff recommendatio~~. ' ,1//, /~ ' Speakers in support of staff r9Aommendationft~.&ill"'Brian Pepin; ~•r De Hoff; Pete Murray ~ 0 T /9 ... ~,. ~ ... Speakers m opposition of staff r~~mm~~ tJon: Lyd{IJ,;ggstad, Dottie Woods, Erm Sona, Lili Olah, Rob Weinberg, Janet Ll(fliiig, rfttJ:4Urban, !t/Jt,_ Zabezhinsky, Madeline Franz, • • • ~ /~1//, ~ • • Martma Leebolt, c:M■%■/", Podd1g, Pfl!,Jana J.n, Grcfffiltl'onroe (m favor of option 4), ~ ,,,..,~. Speaker neutra/i!(f)JStaff's r9J,g,mendatftl$J;Jltdflael RJII~ Lynn Wolsey, Katherine Hirsch, ,.,~, ,,__ ~~ ~: Grant Price, CfiriC,jlps, Petybich (in 'ffj@r of Option Zu) S b ·tt ,.J k '/ . ..$4it,•-1e· b tWltt t . ht k E . G" t K " N b"tt u mt/ fi);,u7//, ea er s1tm,;l~SM.,% ~fl~l::ilt!len u lt'jjno w1s o spea : nca 1s , e11y es 1 , /UM:~ ,,,~~.1/f/0,0~_11'"'~ • Je!},.IJ~~ ,~Jljjerry, ,&.'/utter, ~ai,fifArine-hitehead, Julia Warren, Julie Ann Sih, Mlft!{1zata wif''fJ~a-Sldf:tf,b, Tan;{,ffffja,"'7onica Villanueva, Austin Parness, Isabella M@-1.I G IAl.1//--~d. M~V . 1/~ /Vfft:JJJB e reg vvenwc a,.arsc1g ,, ,/, -,, . Speake;Jl~eutral to st~-recom,'f}Jndat1on but did not wish to speak: Anonymous, Alexandr/fJjollas I ~ •1~ I Submitted sp ~lip ~ t wishing to speak: Dan Krall C ·1 d. . /~,~ d" t ff d t· c·t St ff d. t d t t ouncI IscussIon ~JJS\i;I regar mg s a recommen a I0n. 1 y a was irec e o en er into more detailed 8:lFussions with PUSD in their interest in taking over the PCPA operations and maintenance and pursue Option 2b. Council expressed their interest in continuing to allow Poway Onstage and other user groups to make reservations while the City and PUSD are in discussions and coming to a final decision in a timely manner. Council established that in order to approve an agreement with PUSD, Poway OnStage and other historic user groups would need to have some level of access to the facility. In addition, Mayor Vaus and Councilmember Mullin will form a sub-committee of the Council in order to work with staff to be innovative and push the time-line. Council received and filed the report as an informational item. No action was taken. 6 of 6 December 3, 2019, Item #1.3 City of Poway -Minutes -November 5, 2019 6. MAYOR AND CITY COUNCIL-INITIATED ITEMS The Mayor and Council made announcements and reported on various events taking place in the City. No action was taken. COUNCILMEMBER COMMITTEE REPORTS -Pursuant to AB1234-G.C. §53232.3(d) None. 7. CITY MANAGER ITEMS City Manager Chris Hazeltine announced the new Director Works as Eric Heidemann. Faviola Medina, CMC City Clerk City of Poway, California DATE: TO: FROM: City of Poway COUNCIL AGENDA REPORT December 3, 2019 Honorable Mayor and Members of the City Council Faviola Medina, CMC, City Clerk �(858)668.4535, fmedina@poway.org \ , SUBJECT: Approval of Local Appointments List of City Council Appointed Committees for 2020 Summary: The City Clerk has prepared the annual Local Appointments List required by Government Code section 54972. The Code requires that on or before December 31st of each year, the legislative body shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. Recommended Action: It is recommended that the City Council approve the Local Appointments List for 2020 and authorize the City Clerk to post in accordance with Government Code section 54973. Discussion: Government Code sections 54970-5497 4, also known as the Maddy Act, require that the City Council prepare and post a Local Appointments List on or before December 31st of each year of all regular and ongoing boards, commissions, and committees. The list must contain the following information: 1.All appointive terms which will expire during the next calendar year; 2.The name of the incumbent appointee; 3.The date of appointment and the date the term expires; and 4.The necessary qualifications for the position This information allows any resident the opportunity to apply to serve on a Committee. The City currently has two Committees that fall under the provisions of this section. They are the Budget Review Committee (BRC) and the Parks and Recreation Advisory Committee (PRAC) in which Committee members serve two-year terms. Current Committee members' terms are set to expire December 31, 2020. The City does not have any scheduled vacancies for calendar year 2020, however, there is one unscheduled vacancy on the Budget Review Committee due to the resignation of Dan Mathson that occurred on October 21, 2019. In accordance with Government Code section 5497 4, the City Clerk's Office posted the unscheduled vacancy notice on November 7, 2019, accepting applications until December 30, 2019. Staff anticipates that an appointment will be made at the January 21, 2020 City Council meeting. Any other vacancies that occur during 2020 would be unscheduled and a notice would be posted in accordance with Government Code section 5497 4. 1 of 3 December 3, 2019, Item #1.4 Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: None. Public Notification: Upon approval, the Local Appointments List will be posted on the City's website, outside City Hall, and at the Poway Library and shall remain posted for the full calendar year to remain in compliance with the Maddy Act. Attachments: A.Local Appointments List 2020 Reviewed/Approved By: Assistant City Manager 2 of 3 Reviewed By: Alan Fenstermacher City Attorney Approved By: c� City Manager December 3, 2019, Item #1.4 City of Poway LOCAL APPOINTMENTS LIST 2020 In compliance with the requirements of the Maddy Act, Government Code 54972, the followingappointment list is posted on an annual basis by December 31st. The City Clerk's Office submits thefollowing: BUDGET REVIEW COMMITTEE Qualifications: Purpose: Term: Expiring terms: The committee consists of five (5) members who must be Poway residents. The purpose of the Budget Review Committee shall be to review the annualOperating and Capital Improvement Budget as proposed by the City Manager, andreport its findings to the City Council. Two Years Name Appointed By ' Appointed Peter De Hoff j B�rry Leonard I 03/�5/2019 Michael Firenze John Mullin 05/21/2019 1 r Bernie Guzman , Caylin Frank I 03/05/2019 Brian Pepin Steve Vaus 03/05/2019 Vacant Dave Grosch 1 01/21/2020 : 12/31/2020 12/31/2020 12/31/2020 12/31/2020 12/31/2020 PARKS AND RECREATION ADVISORY COMMITTEE Qualifications: Purpose: Term: Expiring terms: 3 of 3 The committee consists of five (5) members who must be Poway residents. The purpose of the Parks and Recreation Advisory Committee shall be to advise theCity Council on the parks and recreational needs of the City of Poway. Two Years Name Raymond Hammel Patrick Johnson Celeste Larson Susan Mallett Gail Matson . . . . . . : Barry Leonard Steve Vaus Caylin Frank John Mullin Dave Grosch Attachment A Appointed I 0310512019 03/05/2019 03/05/2019 03/05/2019 03/05/2019 Term Expires 12/31/2020 12/31/2020 12/31/2020 12/31/2020 12/31/2020 December 3, 2019, Item #1.4 Term Expires A1111•inteel ■y DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT December 3, 2019 Honorable Mayor and Members of the City Council Faviola Medina, City Clerk �(\ Faviola Medina, City Clerk � \ v \ (858)668-4535 or fmedina@poway.org Second Reading and Adoption of Ordinance No. 832 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Title 17 Chapter 17.30 of the Poway Municipal Code Pertaining to Lighting of Recreational Courts (Zoning Ordinance Amendment 19-002)" The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on November 19, 2019. All Councilmembers were present. There was one speaker. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: Recommended Action: AYES: MULLIN, LEONARD, FRANK, GROSCH, VAUS ABSTAINED: NONE ABSENT: NONE DISQUALIFIED: NONE It is recommended that the City Council adopt Ordinance No. 832. Fiscal Impact: None. Environmental Review: The adoption of the proposed Ordinance is not a "project" that is subject to CEQA review because it will not result in direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Public Notification: A public hearing summary notice was published in the Poway News Chieftain on Thursday, November 7, 2019. A second summary notice will be published in the same publication on Thursday, December 12, 2019. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933. 1 of 6 December 3, 2019, Item #1.5 Attachment: A.Ordinance No. 832 Reviewed/ Approved By: .,J�v--Wendy serman Assistant City Manager 2 of 6 Reviewed By: Alan Fenstermacher City Attorney December 3, 2019, Item #1.5 ORDINANCE NO. 832 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING TITLE 17 CHAPTER 17.30 OF THE POWAY MUNICIPAL CODE PERTAINING TO LIGHTING OF RECREATIONAL COURTS (ZONING ORDINANCE AMENDMENT 19-002) WHEREAS, Zoning Ordinance Amendment (ZOA) 19-002 is a request to modify existing standards for lighting of recreational courts to include new energy efficient lighting technology, such as light emitting diode (LED) technology, of a similar color temperature to the currently allowed 1000-watt high-pressure sodium (HPS) lights; 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 recreational lighting regulations contained in the Poway Municipal Code (PMC) have not been evaluated since 1996 and are in need of an update to reflect current lighting technology; WHEREAS, the City Council seeks to regulate the color temperature of lights within the City and desires to adopt standards for new energy efficient lighting technology; WHEREAS, the City Council continues to support a lighting design of recreational courts that provides for utility while conserving energy and resources and minimizes light spill-over, glare, and sky glow for the benefit of the public and astronomical research at Palomar Observatory; WHEREAS, on November 19, 2019, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, ZOA 19-002; 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 above recitations are true and correct. SECTION 2: The City Council hereby approves ZOA 19-002 and amends certain sections of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 3: This Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines because this is an ordinance intended to update City regulations for recreational court lighting, which are similar to existing regulations and do not result in additional light sources or expansion of the existing use. SECTION 4: Chapter 17.30 of the PMC shall be amended as follows [entire Chapter is shown]: 3 of6 December 3, 2019, Item #1.5 ATTACHMENT A 17.30.010 Generally. The following regulations are established for the construction of recreational courts including but not limited to tennis, paddle tennis and other similar uses. A.Unlighted private recreational courts may be permitted as an accessory use in single-family zones, subject to the standards contained in PMC 17.30.020 and to the approval of a minor development review by the Director of Development Services. B.Private recreational courts with exterior lighting may be permitted as an accessory use in single-family zones subject to the approval of a Minor Conditional Use Permit and to required findings by the City Council in accordance with PMC 17.48.070. C.Private recreational courts, lighted or unlighted, may be permitted as an accessory use in multifamily zones subject to the approval of a development review by the City Council. D.Public or semipublic recreational courts may be approved in any zone subject to the issuance of a Conditional Use Permit and to required findings by the City Council in accordance with PMC 17.48.070. E.The terms used in this chapter, shall have the meanings respectively ascribed to them in PMC Section 13.15.020. 17.30.020 Minimum standards required. Recreational courts shall meet the following minimum standards: A.A maximum 10-foot-high fence (measured from the finished grade of the court) shall be allowed for private courts and a maximum 12-foot-high fence shall be allowed for commercial and public courts. B.Setbacks for the court shall be: 1.Side yard, 10 feet; 2.Rear yard, 10 feet; C.Maximum of eight lights permitted, height not to exceed 18 feet. All lights and light fixtures shall be certified by the installation contractor to: 1.Be designed, constructed, mounted and maintained such that the light source is cut off when viewed from any point above five feet measured at 10 feet from the edge of the court; 2.Be designed, constructed, mounted light shields installed and maintained such that the maximum illumination intensity measured at the property line shall not exceed one-half foot candle above ambient light levels; 3.Be used only between 7:00 a.m. and 10:00 p.m. D.The surface area of any recreational court shall be designed, painted, colored and/or textured to reduce the reflection from any light incident thereon. E.The fencing, support posts, light poles and fixtures shall be painted a dark nonreflective color so as to reduce their overall visibility. Vinyl-coated chain link fencing with fence and light poles painted to match is acceptable. F.Landscaping shall be installed between the fence and property line. It shall include fast-growing evergreen canopy type trees, planted one each adjacent to light poles so as to obscure views of 4 of6 December 3, 2019, Item #1.5 the pole and light from neighboring properties. Dense screening planting is required to be installed in the setback area adjacent to the outside of the court fencing, to the satisfaction of the Director of Development Services. G.Light fixtures are restricted to 1,000-watt high-pressure sodium, narrow spectrum amber Light Emitting Diode (LED) which does not exceed a Correlated Color Temperature (CCT) of 3,000 Kelvin or other similar directional energy efficient light. H.The City Council or Director of Development Services may require more stringent stan dards than the above in cases where extraordinary site conditions necessitate. Lighting shall comply with guidelines outlined in the Poway Subarea Habitat Conservation Plan and subsequent amendments. I.All outdoor light fixtures shall be equipped with photocell devices so that such lighting is turned off during daylight hours as much as practical. J.In order to preserve the night sky, the types, locations and controlling devices of outdoor light fixtures shall minimize glare, upward light, artificial sky glow, and light pollution and light trespass (spill-over) onto adjacent properties. External visors and/or internal louvers shall be used to reduce spill light, light trespass, sky glow, and glare impacts to the maximum extent feasible especially onto adjacent properties and adjacent sensitive habitats. 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. 5 of6 December 3, 2019, Item #1.5 INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 19th day of November, 2019, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 3rd day of December, 2019, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 6 of6 December 3, 2019, Item #1.5 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT December 3, 2019 Honorable Mayor and Members of the City Counc!I LEric Heidemann, Director of Public Works 4 � Pat Ryan, Interim Assistant Director of Public Works for Maintenance Operations (858)668-4705 or pryan@poway.org Award of Contract to VIP Holdings, Inc. for Janitorial Services, RFP No. 20-006 A notice inviting proposals for janitorial services was duly advertised on September 5, 2019, and September 20, 2019. Seven proposals were received and opened on October 25, 2019. VIP Holdings, Inc. (VIP) was selected as the vendor providing the best value for the City to provide comprehensive janitorial services. The first term of the Contract is one year beginning January 1, 2020, through December 31, 2020. The Contract may be extended through a total of four separate one-year extensions. The maximum length of the Contract would be up to five years. Recommended Action: It is recommended that the City Council award the Contract for Janitorial Services, RFP No. 20-006, to VIP and authorize the City Manager to execute the necessary documents. Discussion: The Janitorial Services Request for Proposal (RFP) No. 20-006 consists of providing comprehensive janitorial cleaning services for 30 City buildings covering approximately 151,366 square feet. Among the 30 City buildings are City Hall, Library, Poway Center for Performing Arts (PCPA), Water Treatment Plant, fire stations and park restrooms. The frequency of service is dependent upon the level of use of the facility. The City has used contract services to provide janitorial services to City locations for over 20 years. The current janitorial contract was approved by the City Council to VIP on June 17, 2014. The original contract was issued for two years beginning on July 1, 2014, with the option of three, one-year extensions. To date, all options have been exercised, with the current term expiring on December 31, 2019. In June 2019, the City issued an RFP for these services, but upon receiving two proposals that were significantly over budget, the City Council rejected all bids and authorized staff to proceed with re-advertisement on August 20, 2019. On September 5 and September 20, 2019, the City re-advertised the RFP for janitorial services. The RFP was posted on the City's website and advertised in the local newspaper. In addition, staff contacted several companies located in the southern California region regarding the bid opportunity. On September 25, 2019, a voluntary site inspection and pre-proposal meeting was 1 of 70 December 3, 2019, Item #1.6 December 3, 2019, Item #1.6 held and was attended by five interested companies. On October 25, 2019, the City received seven proposals. Five of the seven proposals received were complete and met RFP requirements. An evaluation panel evaluated the proposals based on criteria specified in the RFP, which included completeness and responsiveness of the proposal, cost, contractor qualifications and experience. Included below is a summary of all proposals received. Company Submitted Base Revised Proposal Proposal Nova Commercial Co., Inc. $215,467.39 $229,172.65 VIP Holdings, Inc. $222,770.00 $231,275.00 Base Hill, Inc. $278,719.83 $295,004.73 Aztec Landscaping, Inc. $406,255.37 $431,092.22 NMS Management, Inc. $461,717.03 $504,375.33 ABM Industry Groups, LLC Incomplete T&T Janitorial, Inc. Incomplete The costs included in the "Submitted Base Proposal" include proposer's submitted yearly costs to service 30 facilities, as-needed services for three facilities, as-needed acid washes for five facilities, and additional cleanings for Council Chambers and the PCPA. The RFP specified 175 cleanings per year for the PCPA and two deep carpet cleanings per year for the Library. Under the current contract the PCPA receives 239 cleanings per year and the Library receives 12 deep carpet cleanings a year. It was determined that the level of service for both the PCPA and the Library should remain the same under the new contract. Staff incorporated the cost differences for cleanings (the difference between what was specified in the RFP and the actual number of cleanings needed) for these two facilities into the proposer's schedule of values, utilizing submitted pricing, which is reflected in the "Revised Proposal" column above. Consequently, the figures in the "Revised Proposal" column were used as the cost factor in the evaluation process. Following the evaluation and cost analysis, the panel determined VIP to offer the best value to provide the comprehensive janitorial services the City is seeking. Over the past five years, VIP has been performing these services to the satisfaction of staff. Staff believes that VIP best understands the scope of work and can complete the identified work to the satisfaction of the City within their proposed price. Staff believes that even with the slight cost difference between Nova Commercial Co., Inc. and VIP, staff will avoid significant training and transitioning costs in the implementation of a new service provider, making the cost difference negligible. This Contract will provide the public with clean, well-stocked and accessible bathrooms and public facilities. The employees of the City will also benefit from a continued clean work environment. It is recommended that the City Council award a one (1) year contract with four (4) additional one- year options to VIP Holdings, Inc. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Approximately $116,000.00 will be paid over the January 2020, to June 2020, portion of the Contract. There are sufficient funds currently available in the Fiscal Year 2019-20 Budget (204020-41400, 206020-41400 and 415010-41400) to approve the Contract with VIP. The Contract amount of $231,275.00 for subsequent fiscal years will be included in the annual budget process for Council consideration. 2 of70 Public Notification: None. Attachments: A.Contract with VIP Holdings, Inc. Reviewed/Approved By: Wend aserman Assistant City Manager 3 of 70 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch� City Manager December 3, 2019, Item #1.6 December 3, 2019, Item #1.6 City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this First day of January, 2020, by and between the CITY OF POWAY (hereinafter referred to as "City") and VIP Holdings, Inc. (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private contractor to perform janitorial services for the various facilities throughout the City (Project); and WHEREAS, Contractor has special knowledge, experience, facilities and Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60- day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 4 of 70 ATTACHMENT A December 3, 2019, Item #1.6 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 5 of 70 December 3, 2019, Item #1.6 "Contractor" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Contractor/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 6 of 70 December 3, 2019, Item #1.6 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 14. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. 7 of 70 December 3, 2019, Item #1.6 (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 8 of 70 December 3, 2019, Item #1.6 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law. Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate contractor and any and all employees of contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." 9 of 70 December 3, 2019, Item #1.6 Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 10 of 70 December 3, 2019, Item #1.6 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: __________ _ ATTEST: Faviola Medina, City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney 11 of 70 VIP HOLDINGS, INC., DBA VIP JANITORIAL SERVICE By:------------ Name, Title Date: ----------- December 3, 2019, Item #1.6 A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform contracting services as required by City, which shall consist of janitorial services further described in the Scope of Services submitted with the proposals dated October 18, 2019, which is included in this document as Attachment 2, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated October 18, 2019, which are included in this document as Attachment 1. Total fee is not-to-exceed $231,275.00 per year for the first year plus amounts designated for as-needed services, not to exceed the City's adopted fiscal year operating budget for Janitorial Services and subject to adjustment of rates as set forth in Attachment 1. After the first year's fixed term, the rate may be adjusted by the City as provided herein solely on the basis of the change in the Consumer Price Index for All Urban Consumers (CPI-U) for the San Diego-Carlsbad area, provided, however, that those adjustments in rates based solely on the change in CPI-U will not exceed three (3) percent per annum. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. C. Term of Agreement. This Agreement shall be effective from the period commencing January 1, 2020, and ending December 31, 2020, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to four (4) additional one-year periods upon approval in writing of the City Manager and Contractor. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. 12 of 70 December 3, 2019, Item #1.6 (c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Contractor: 13 of 70 City of Poway P.O. Box 789 Poway, CA 92074 VIP Holdings, Inc. 11440 West Bernardo Court, Ste. 300 San Diego, CA 92127 December 3, 2019, Item #1.6 EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public Pension and Retirement Plans> Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 14 of 70 (!)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with December 3, 2019, Item #1.6 Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 15 of 70 (l)The employer 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. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)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. December 3, 2019, Item #1.6 Cal Gov Code§ 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (t) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to ( 1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System Il who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January l, 2015. Annotations Notes Amendments: Note- Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (t)(l) and (t)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (t)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 16 of 70 December 3, 2019, Item #1.6 Attachment 1 PROPOSAL TABLE FACILITY GENERAL SPECIAL EVENT ACID WASH SERVICES ASSISTANCE TILE (per (Yearly) (Yearly) BuUding) 1 Ctty Hall 13325 Civic Center Dr. $49,178.00 2 Council Chambers 13325 Civic Center Dr. $15,618.00 $0.00 3 Fire Station 1 Administration 13050 Community Rd. $ 752.00 Downstairs/Classroom/Restrooms/Hall 4 Fire Station 1 Administration 13050 Community Rd. Upstairs $ 752.00 5 Fire Station 3 14322 Pomerado Rd $ 5812.00 6 Community Park Ball Field Restrooms 13094 Civic Center Dr. $830.00 7 Community Park Pool (Lockers, Showers) 13094 Civic $9370.00 $175.00 Center Dr. 8 Community Park Pool Admin 13094 Civic Center Dr. $ 4016.00 9 Community Skateboard Park Restrooms 13100 Civlc Center $1500.00 Dr. 10 Library 13137 Poway Rd. $43,174.00 $220.00 11 Old Poway Park Train Depot Restrooms 14154 Midland Rd $1500.00 12 Old Poway Park Porter House 14134 Midland Rd. $ 8183.00 13 Old Poway Park Templar's Hall 14132 Midland Rd. $ 6543.00 14 Old Poway Park Restrooms 14114 Midland Rd. $4763.00 $175.00 15 Aubrey Park Restrooms 13544 Aubrey St. $1132.00 16 Vehicle Maintenance Facility 14415 Lake Poway Rd. $1057.00 17 Operations Center 14445 Lake Poway Rd. $ 3386.00 $175.00 18 Public Works Administration 14467 Lake Poway Rd. $2875.00 19 Filtration/Water Treatment 14521 Lake Poway Rd. $5934.00 20 Community Services Lake Administration 14644 Lake Powav Rd. $4690.00 21 Parks & Landscape Shop 14644 Lake Poway Rd. $1723.00 22 Lake Poway Restrooms 14644 Lake Poway Rd. (Excluding $902.00 Concession Restrooms) 23 Lake Poway Concession Restrooms 14644 Lake Poway Rd. $1696.00 24 Lake Poway Pavilion 14644 Lake Poway Rd. $1986.00 25 Lake Poway Entrance Booth 14644 Lake Poway Rd. 1080.00 26 Twin Peaks Gymnasium 14640 Tierra Bonita Rd. $ 4720.00 27 Meadowbrook Gymnasium 12320 Meadowbrook Ln. $ 4720.00 28 Materials Handling Yard 12325 Crosthwaite Circle. $1982.00 29 Iron Mountain Restrooms Poway Rd. & Highway 67 $ 6146.00 30 Poway Center for Performing Arts 15498 Espola Rd. $ 24,875.00 $ 135.00 $ 310.00 Total $220,895.00 $135.00 $1055.00 124 17 of 70 December 3, 2019, Item #1.6 FACILITY 1 Kumeyaay lpai Interpretive Center 2 Train Barn 3 Household Hazardous Waste Building 18 of 70 PROPOSAL TABLE AS-NEEDED GENERAL SERVICES $175.00 $ 270.00 $ 240.00 125 SPECIAL EVENT ACID WASH ASSISTANCE TILE (per Building) December 3, 2019, Item #1.6 PROPOSAL TABLE Page2 Please write your calculated total price (including labor materials, overhead and profit) for each line of the 27 building services frequency matrixes contained within the Proposal Table. The sum of the totals on the Frequency Matrixes must match the Total Cost for Schedule Work as entered in the two columns above. The Poway Center for the Performing Arts (PCPA) must be entered separately in the space provided below and on its own matrix. The Proposal Table does not include the total from the matrixes for the Kumeyaay lpai and Train Barn. These two matrixes are to be used for as-needed pricing only. To facilitate possible future negotiations, the line items from all matrixes will serve as a schedule of values for each facility in the event the City requires future adjustments to frequencies or services. No lines are to be left blank on the proposal form or frequency matrixes. Total for General Services (Yearly): TOT AL AMOUNT IN WORDS: One Hundred Nlnely Six Thousand and Twenty Dollars _o_ne_H_u_nd_re_dN_1n_e_fy_s1_xT_h_o~_a_nd_M_d_T_~_n_lY ___ DOLLARSand_h_ro ___________ CENTS Total for Speclal Event Assistance (Yearly): TOTAL AMOUNT IN WORDS: Zero Dollars ----------------------- _ze_ro ____________ DOLLARS and_ze_r0 ___________ CENTS Total for Acid Wash Tile (per Building): TOTAL AMOUNT IN WORDS:_o_ne_T_ho_us_a_nd_a_nd_F_ifty_F_iv_e Do_lla_rs _____________ _ _ 0n_e_T_ho_us_sn_d_F_lfty_F_1v_e ________ DOLLARS and_Ze_ro ___________ CENTS Poway Center for the Performing Arts (PCPA) Total for General Services (Yearly): TOT AL AMOUNT IN WORDS: Twenty Four Thousand Eight Hundred end Seventy Five Dollars Twenty Four Thousand Eight Hundred and Seventy Five DOLLARS and_Ze_ro ___________ CENTS Total for Special Event Assistance: (maximum 4 events Yearly) TOTAL AMOUNT IN WORDS:_o_ne_H_un_d_red_T_h_irty_F_iv_e0o_11a_rs ______________ _ _ o_ne_H_un_d_red_T_hi_rfy_F_ive ________ DOLLARS and_ze_ro ___________ CENTS **********************************************************************************-lrlr**************** 126 19 of 70 December 3, 2019, Item #1.6 City-wide: Upholstery Steam Cleaning Chairs: $_2s_.o_o _______ per Chair **************************************************************************************************** Carpet Cleaning Services: $ _15_c_en_1s _________ per sq./ft. **************************************************************************************************** Strip and Waxing of Floors:$ _2o_c_en_1s _________ per sq./ft. **************************************************************************************************** Window Cleaning Services: $ _3._oo _________ per window pane Unscheduled and unquantified work, such as for cleanup of spills and other emergencies will be billed on a time and materials basis using a standard hourly rate (which shall include labor, materials, overhead and profit). For the purpose of bid evaluation, bidders shall enter below a standard hourly rate: Standard Hourly Rate: $_2s_.o_o ____ _ Work requested for power washing at any facility will be billed on a time and materials basis using a standard hourly rate (which shall include labor, materials 1 overhead and profit). For the purpose of bid evaluation, bidders shall enter below a standard hourly rate for this service: Power Washing Hourly Rate: $_4o_.o_o ____ _ 127 20 of 70 December 3, 2019, Item #1.6N ...ll,, a ...... 0 City Hall -Administration 13325 Civic Center Drive All ~ ~.~ning All c·s~~ 1. Deep Cleaning/Surface Preservation (All o_t_herflooring except carpets} 2. Deep Cleaning/Surface Preservation -carpets 3. Interior/Exterior All Windows/Glass and Mirrors 4. ... CII .c ~o :g t LL > ' I.LI >' -g Q. ~ 0 ~ "C ~ x ·c > Ill "C C ::::, Vl i;' :S! Li: all > IO "C ~ all >-n:, "5l a, ,:: "C a, " .. ,, .. .-.-,.,, .. ,,•:,'.•:-'"" ·J~rSubmits Schedule '\}['/\ E e E E g .2l ~ ii e ~ a, ~ :! ~ ~ ~ ~ ~ .s ~ .:.: .c C cij C a, ..., 0 ~ QI C ~ ~ 0 .E .3 CII "C (IJ ~ CII z -· ----•-·--... ~-=-·-~-:.: rr~ :;_: 2r: jf-]Eil~''. ::~· ~ ~~~: ~~°,,~;~~~Bl£:;;;>~ --~~ ....... City Hall "m ;§ 0~ N..,. -c 0'I 0 ;;: ~ u. t:: Ill '!I'!!' -Totals: December 3, 2019, Item #1.6 Council Chambers 13325 Civic Center Drive A, Gan ■r•I Cl ■1nlng All &. Deep Clean Ins All c. Specl~ISeri,•foes 1 ... Deep dea~ing/Surface Pre5ervation {AH other floorlng l!lltept carpets) 2. Deep Cleaning/Surface Preservation -Carpels 3, lnterlor/E~terior All Windows/Glass and Mirrors A, Gime~•! Assistance · l. Furniture/Equipment Assl5tance 2. After Event Gen@ral Oean-up B, CUttodlal Reiponse tci Splll1/Ac:ctdent1 1. Susie Mop-up/Cllian-up 2. Deep Cleaning 22 of 70 · semi-·:, DaUy 0~: . W~eldy : . _tin::: Council Chambers Totals: December 3, 2019, Item #1.6N w 0 -ti ...... 0 Fire Station 1 Administration 13050 Community Road Downstairs Classroom/Restrooms/Hall B. Deep Cleaning All c ••• Spedal Senrice 1. -Deep Cleani 2. 3. Semi.;.·· ~ily On: Weekly Oii: > > > > ra It! II) (11 --0 :g -0 "0 C: ~ .: :J u. u. V) ~ ~ ---Weekly On:·-' Contlc.lctor Submit$ Scheduie for -Approval: :::-> ro n, ;j ~ C: <Ll >-C ~ C: 32 "O cu e <Ll a, ~ Fire Station 1 Admin-Downstairs ~ I-0 .s:. N c --0 en 0 cu .-t :;.: -g ► <LI u. cu z December 3, 2019, Item #1.6N ~ 0 ...... ..... 0 Fire Station 1 Administration 13050 Community Road Upstairs All B. Deep Cleani~g · . All C. Special Services 1. Deep Cleaning/Surface Preservation {All other flooring except carpets) 2. Deep Cleaning/Surface Preservation -Carpets 3. Daily On:· >, > "' "' "0 "0 C ~ ::, V) Senii-\;Veekly. On: >->-"' "' :g ~ ..... ci!I ci!I Weekly On: > (ti ~ a., c:: 1l ·•· Contractor Submits Schedule for. Approval: Fire Station 1 Admin-Upstairs iii 0 ~ Totals: December 3, 2019, Item #1.6~ Community Park SemF OI Weekly 0 Ballfield Restrooms On; ..... WeeklyOn: . Contractor Submits Scheduie for . . . .Approval: Totals: ...... 13094 Civic Center Drive 0 > > > > l'I) l'I) l'I) l'I) "C "C "C ] C: ·;:: 3: :, u.. Vl oi5 oi5 Comm Park BallfJeld Restrooms December 3, 2019, Item #1.6N O') a ..... 0 Community Skateboard Park Restrooms 13100 Civic Center Drive · s~ ~es> crean,ng All . Semi-... DailyOri: Weekly . On: > ::,.. ::,.. ::,.. IU fU fU fU "t:I -c :g "t:I C: .:: ·;;: ::::, LL-LL LL Vl a2I ~ E ~ >-32 QI a., Comm Skateboard Park Restrooms E i; 0 e E ~ I-g ~ ~ i§ 0 .c ~ cg N c ~ ~ -:, "Cl en 0 C: Q,> .... ~ C: "O ~ <f (U Cl.I E z cu December 3, 2019, Item #1.6 Community Park Pool w Showers/Lockers 13094 Civic Center Drive A. Geriirarc:re~n1~, All S, Oeep Cleanlnc .. · All c. Speclai 511:vrces • · 1. Deep Cleaning/Surface Presen1ation (All other floorins except c~rpets] 2, lnt1ri0r/EKt11rior All Windows/Glass and Mirrors 27 of 70 serni-•· o,ily Ori: . Weekly On; Comm Park Pool December 3, 2019, Item #1.6N 00 a ...... 0 Community Park Pool-Admin 13094 Civic Center Drive B~ •· Deep CJea1:1ing .· All c; · · Special Services . . 1. Deep Oeaning/Surface Preservation (All other flooring except carpets) 2. Interior/Exterior All Windows/Glass and Mirrors ·•.Semi~ · Daily On: 1 • Weekly . On: >-I'll >IT > I I'll I'll ~ I'll "lJ ~ ::i :g ~ ;£ f= u. V) ~ ~ > l'D "Sl IV C: "lJ cu · Contractor submitsSched~i~fo~I Approval: e I . "' !:: "' E "' >-E ~ I E I ~ I i ~ l .:!: !II E Q,) ~ -;_ c: i ] ~ ~ +; -~ ::I z E C: CV iii 0 l-o .&; N .. -c en o ;~ ... X re:,:j;;'.iij:);;;;:j;'i'.l:t:;:~~:·t''':}:~1·~u·:•.:J.:f:;y;~;l:t;i(:!frfj:~ii~;]ilrn~;1i;:jtlt:•;;•:.~;:l~:~;:?;~t•~'.'.j•;;h~;:n\:jft:~;;';,~,1:3252~99•· k:~~;:J';\':tm}i::Jt~:;:r: •:.:c•t··•• Totals: December 3, 2019, Item #1.6I\) (0 a ...... 0 All Library 13137 Poway Road B~ Deep Cleaning All C. Special Services 1. Deep Cleaning/Surface Preservation (All other flooring except carpets) 2. Deep Cleaning/Surface Preservation -carpets 3. Interior/Exterior all Windows/Glass and Mirrors 4. Power Washing of Patio/including Patio between Parking Lot and Building >, l'CI "'O :£ >, l'CI "'O C: ::l V) >-ro "'O ;£ oil >-I'll ~ LL oil ~I ~1 ll1 E ~ = ~ ~ g ;!;;! ..2-~ n:J ---~ ~ ~ I I ] 0 ... E Cl.I ~I~ "'O cu Cl.I :z c' >:} :: >;:1:i ~E:~i i:'.\(:;;\(i\~~l'.f1\f;::i1(j~t'~:<J' 'FHTl':;;~:: :\:·;>' ,~;,~,:;~:-; ?):;q34;;445~2s:· I 1 t'.l '''l(fr:4;~:;\?l}:;,~q X I X h~:";::J?\::lc\:'.;:y:t::++> ~12493~92 C I Library Totals: December 3, 2019, Item #1.6OL :10 0£ aturday • Sunday ... 0 f :C ..-------~ ~ 3 ~ 7' uesday & Friday December 3, 2019, Item #1.6w ..I, a ~ 0 All Old Poway Park Porter House 14134 Midland Road B. Deep Cleaning All c. Special :Services 1. Deep Cleaning/Surface Preservation (All other flooring except carpets) 2. 3. Semi-Daily ~n: I Weekly On:: >I >I> > ro <II n, ~,-g :g :g ·;:: :::, .... I.L "'-V, ell ell Weekly On: > ro "5: (I) C "C CV OPP Porter House Contractor Submits Schedule for Approval: .. : .?:-iv :::, C: C <f: .E a, ~ '0 (IJ <LI z ii 0 l-o ...c: N-...._ C a, 0 ... ::E it Totals: December 3, 2019, Item #1.6w I\.) a ...... 0 Old Poway Park Templar's Hall 14132 Midland Road B~ :oeep;c1eaning All C. S~al ~IVices . . . . . 1. Deep Cleaning/Surface Preservation (Alt floors except Carpet) Deep Cleaning/Surface Preservation -Carpets > > <II ro "0 "0 r: ·;: :, LL.. ll) Semi"'. Weekly ... On: > > ro "' "0 "0 ·;::::: ;:: LL.. I.I. oi!S azl Weekly.On: Contractor. Submits Schedule for • J\pproyal: Totals: OPP Templar's Hall December 3, 2019, Item #1.6w w 0 "'"" --.a 0 Old Poway Park Restrooms 14114 Midland Road s. oeep deaning All Daily On: > > ro Ill "O "O r:: .::: ::, u.. <-') ·Semi;. Weekly On: > > ro Ill "O "O ·.::: ·.::: u.. LL ell ell Weekly On: OPP Restrooms .• Contractor Submits Schedule for Approval: December 3, 2019, Item #1.6w .a::i,. a ....... 0 All Aubrey Park Restrooms 13544 Aubrey Street s. · Deep cleaning All c~ Special si!rvice~; .. 1. Deep Cleaning/Surface P rese ivation (All other flooring except carpets) Senif'-Daily On:. · \\'eekly. On: >-> >->-ftl ro co co ,:, '"Q ,:, ,:i C: ·;:: ·;:: .::: :, LL. LI.. LI. Vl ca ca Aubrey Park Restrooms December 3, 2019, Item #1.6w a, 0 ..... ...... 0 Vehicle Maintenance Facility 14415 Lake Poway Road Bw . Dfi!ep Cleaning All C, Special :Servic~ > · • ••. 1. Deep Cleaning/Surf (All other flooring e 2. 3. OaiJyOn~ > <'II "O C: ::I V) Sem}:-Weekly ,On; Vehicle Maint Facmty C:ontrac:torSubmits Stjledule,for . Approval: Totals: E1 E .,. ~ E E ~ E ~ g ~ ~ "iii ~ ~ :::J "C C Q> >-C: "O ~ <f Q> Q> Q> .E z Q> Cl.I December 3, 2019, Item #1.6w en a ...... 0 All Operations Center 14445 Lake Poway Road s: DeepC.leariing All C. Special Services ·. i. · De~p Oeaning/Surface Preservation {All other flooring except carpets} 2. Deep deaning/Surface Preservation -Carpets 3. Daily On: ~ "O C :, U'I ~IJ'l.i:-_ Weekly. On: > > 11) ra "'O ;E ·.:: r.. ol! ocS WeeklyOn: > ra 'Sl QI C "C QI Operations Center Contractor Subriiits Sc:hedule for Approval: I December 3, 2019, Item #1.6Public Works Administration 14467 Lake Poway Road A. (i-eriera1cieari1.:.,: · ··· All 8/ •··(?~ep Cleaning•· All C. SpeciafServices ··••·•.. . · • .. •.· . . . 1. Deep Cleaning/Surface Preservation (All other flooring except carpets) 2. Deep Cleaning/Surface Preservation -Carpets 3. >-n, "C C: :::J 11'1 ' >-> IV "0 IV C: :2 0 Weel<lyOri: CoiitfclctorSubmits Scheduiefor > > IV IV :!:! ] ..t ciS ca PW Administration December 3, 2019, Item #1.6w 00 0 """ ~ 0 Filtration/Water Treatment 14521 Lake Poway Road B.: •· [)eep Cleaning All C. Special Services _ _ _ _ __ 1: . Deep Cleaning/Surface Preservation (All other flooring except carpets) 2. Deep Cleaning/Surface Preservation -Carpets 3_ Interior/Exterior All Windows/Glass and Mirrors ·semi:_ . Daily On: ._Weekly On-: Wee.klyOn; > > > > IV n:, lV (IJ "'O :g :g ~ C: -.:::: :J LL LL LL VI oi:I oi:I Filtration Water Treatment e ~ · Totals: . E 'iii E ~ 0 E I-i§ ~ E 0 .c ~ N c ~ ~ ...... "'O O'I 0 (I.I .-t ~ "O it CII cu z ... ·:·. ·_·.: __ .:·· ;·; .:_ .. ;·.:-:::·····. ·.:·: .. ··--.-·-.. -.·::·· :· ------------------________ ------.. ---, ·a -I December 3, 2019, Item #1.6w (0 a ...... 0 Community Services Lake Administration 14644 Lake Poway Road B. Deep Cleani11g: All C. Special Service$. 1. Deep Cleaning/Surface Preservation (All other flooring except carpets) 2. 3. Semi-Daily On; VVe¢kly . .•. On: >-> > >-<O <O <O n) "'C "C ~ "'O C: ·;:: ·.::: ~ I.I. LL. V') ca ca ·Weekly On: Contractor Submits Schedule:for . Appr~v,al: ·. E E E ~ E E ~ E ~ ~ >-~ ~ "C £ QI ~ -c C: QI .:re 0 QI Qj ~ 2: Qj I CS lake Administration December 3, 2019, Item #1.6.1:1,,. 0 0 .... ...... 0 Parks & Landscape Shop 14644 Lake Poway Road General Services A; General c1eartinc All B. Deep Cleaning All C. Special S~rv~s 1. Deep Cleaning/Surface Prese 2. Interior/Exterior All Windows/ •t>ailyOn: >-> (II IQ "t:I 't:I C: ;£ ::::, Ill ;. ;,.. ro CV "'O "0 C: C 0 0 Sem'i.; . Wee~ly> WeeklyOn: Ori: .. > > <ti <ti 't:I "'O ·;:: .:::: LI-u.. > oll oll <ll >-> > >-"Cl >-~ I'll ro CV <II <II 't:I ~ "O "O "R C: ~ > C: C: "O IQ a, 0 0 cu Cl,t ::, 'O ::::, ::J .s:::. .: Parks & Landscape Shop ·.· .. Contractor Submits Schedule for · , ... Totals: Approval: .···:. ' VI iii E 0 E ~ E I-E ~ ~ E 0 -s E N ~ ~ jij ~ -C: ~ > ::::, -c O'I 0 >-£ >-C: ~ a, .... ~ "' >--;:: C: -0 > 1§ :s r::: ~ ~ <ti cu .... CII :ii: 0 a, > ~ Q,I C: ~ E ::, 'ii Q,I 0 IQ C: z .. .1:1 ::::, Cl.I C: VI <ll . cJ ... ~ December 3, 2019, Item #1.6a ..... 0 Lake Poway Restrooms (Excluding Concession Restrooms) 14644 Lake Poway Road B. . ~p:Cr~aning All semi-• Daily On: Weekly .. ·on: >->-> > "' "' ta "' "C "O "O "C E:: ~ ~ ·c:: ::J ..... Vl olS olS > "' "O C: 0 Weekly On: Lake Poway Restrooms Contractor Submits Schedule.for Approval: E E ~ E e ~ "' E ~ ~ ~ Totals: December 3, 2019, Item #1.6Lake Poway Pavilion 14644 Lake Poway Road 8. Deep Clea~ing All C. · Special Services . 1. Deep Cleaning/Surface Preservation (All other floors, except carpets} 2. Interior/Exterior All Windows/Glass and Mirrors Semi-Daily.Qn: We.ekly • •· ··o,ff >->->->-I'll (II n, "0 (II :g C: :g :g ::, LL VI .... u. 0cl 0cl •Weeklyoni Contractor Submits sctieciule for. Approval: · Totals: E F1 >-~ (1J E V'I -0 E ~ E "' C: E ::::, ~ ~ VI ~ ~ oc:I 0 lake Poway Pavilion December 3, 2019, Item #1.6.l=I,. w 0 ..... ...... 0 Lake Poway Concession Restrooms 14644 Lake Poway Road ra--t---ir--t---T""--i---r....;..r-~--+--,r-""'T"-r-,;..,.E-;.;....;.;.~-4~....;..-i,;_..;.;.;, ___ ......,...,...,;_ __ _J ~ ~ We.eklyOn: ' Con1ractor Su~mits Schedule for ApprO\f~t > > > Ill Ill Ill "C :g :g C: .t :::, "'-VI cZI ;... ro "C C 0 Lake Poway Concession Restrooms December 3, 2019, Item #1.6t 0 ..... ..... 0 Lake Poway Entry Booth 14644 Lake Poway Road >-Ill ~ >-Ill "O C :::, V) ;... Ill "O C: 0 >->-Ill Ill "O I ·c: ~ >-~ ~ ~ > ;i Ill "C C C: "O 0 cu E U'I U'I ~ E ~ ,,. 0 .c "' E E N -E ~ "'iij -c ~ ~ ~ :::, "O a, a C QI ~~ > C: "'C ~ CII I&. ::;i Cl.I a., e 2: ~ Ill Cl.I CII December 3, 2019, Item #1.6.s:i,. en a ...... 0 Twin Peaks Gymnasium 14640 Tierra Bonita Road 8. Deep Oeaning -All >-IV "C ~ Semi~ _ Weekly_· ----Weekly On; On: Twin Peaks Gym __ •• Contractor su.bmits Sched~le fqr Approval: ----Totals: E E e e ~ E ~ E ~ ~ ~ ~ December 3, 2019, Item #1.6.,:.. en 0 ..... ..... 0 Meadowbrook Gymnasium 12320 Meadowbrook Lane >-<1l "C ·c "': Daily Ori: ;;->->--0 c 11) C 0 -0 ::, ~ C: V) :, ~ ~ ~ semi~ • Weekly On: > > "' "' "O "C ~ ~ u.. oll oll Meadowbrook Gym .. : Con~rcictor Subl"Cli.tsSdledule for Appro~al: Totals: E jg e E ~ jg ~ e ~ ~ ~ ~ December 3, 2019, Item #1.6.l=i,. ...... a ...... 0 Fire Station 3 14322 Pomerado Road e. : · Deep Cleaning All C. Special Services . . . . 1. Deep Oeaning/Surface Preservation (All other flooring except carpets) 2. Deep Cleaning/Surface Preservation -Carpets Interior/Exterior All Windows/Glass and Mirrors Daily On: > (II "O C: ::, V) Fire Station 3 Contractor Submits Schedule for Approval: Totals: I December 3, 2019, Item #1.6.1:1,. 0) 0 .... -..a 0 Materials Handling Yard 12325 Crosthwaite Circle All B. · Deep Cleanjng> All C. Special Services ..... · .... ·· . . .· .. 1. Deep Cleaning/Surface Preservation (All other floors, except carpets) 2. .. Sel'Tlf., Oaily On:· Weeldy On: .. >->->->-~ -0 ro ro IV C: "O "C -0 :::, ·;::: .:::: ;£ Ill u.. ~ ocS ocS WeeklyOn: >-(0 "5! cu C: "C cu Materials Handling Yard Contractor. Submits Schedule for .·Approval: E ~ \II E ~ Totals: December 3, 2019, Item #1.6Poway Center for the Performing Arts 15498 Espola Road All --e~)k~-~~Jl2i:;t~•-A11 c:/::~•~:L:'J'.\i-.i---1_ Deep Cleaning/Surface p,..,,c.,.,v,,.t·,nn 2. 3. Q) :i "'C Cl) ..c u v'l ~Jil_:f~~-;:t :.;, .. · ... '-.-. ,: .... -· .. ,; .. ,, .. , .-~---Totals:_ .,, ii E 0 jg ~ t-E ~ E 0 .s::. Approximate Number of ~ N .. ~ ~ ..... C "'C "'C O'I 0 Service Required QJ cu .... :E -0 ~ -0 ► QJ Q,J QI cu .... z z PCPA December 3, 2019, Item #1.60, 0 0 .... ...... 0 Iron Mountain Restrooms Poway Road and Highway 67 east side Semi-·• Daily On: . Weekly On~ > > l1l ~ > 113 ,:J n:, "C C: ,:, ,:, ~ ::J ·;::: ~ V) u.. ~ ~ . ~o.ntractor :S1.1bmltsScheduie'for, . Approval: e E I-E E ~ :::c: g ~ E C, ~ ~ ~ ~ ~ Iron Mt. Restrooms December 3, 2019, Item #1.60 -ti ..... 0 Kumeyaaylpai Trailer 131041paiWaaypuk All B~ .• C>eep Cleaning All c. Special services . . . 1. Deep Cleaning/Surface.Preservation (All other flooring except carpets) 2.. Deep Cleaning/Surface Preservation -Carpets · Semi~ Daily On: .. Weekly ()n: > >-> > ro ro IV ro "O :g .,, ,::, C: ·;:: .: ::::, u.. u. LL VI ell .WeeklyOn: E E e ~ E E ~ e ~ ~ ~ ~ I Kumeyaay lpai Trailer December 3, 2019, Item #1.6en N a ..... 0 Hazardous Waste at Material Handling Yard 12325 Crosthwaite Circle B~.. Deep Cleanin.g . All C. SpeciafServ,ces ·•··· .•· . .··• ·· • 1. Deep Cleaning/Surface Preservation (All other floors, except carpets) 2. ·semj.:.··· Daily()n: . Weekly >->->-> IU '"0 IU I'll IU C: '"0 :g "O ::::i ;£ ·;;: Vl u. ..... cl!! olS WeeklyOn: Approval: e ii E ~ 0 Ill ... Ill ~ E ~ Ill 0 -5 E E E N ~ ~ ni ~ -C ~ ::::,, "O a, 0 C: Q.I .... ~ > C: "C it <F Q.I ::i2 Q.I C1I -E z Q.I cu December 3, 2019, Item #1.60, w a ..... 0 All Old Poway Park Train Barn 141S4 Midland Road B. Deep ~leaninJ All ·0ailyQn~ >->-Ill ro "O :g C: :) u. V) Ori: > ro "0 ·;:: LL ~ > ro "0 -;:: LL ~ OPP Train Barn tractor Submits• Approval: December 3, 2019, Item #1.6 Attachment 2 Technical Specifications: Time Restraints: A. Work described as being performed daily shall be performed Monday through Friday, with the exception of the Old Poway Park Porter House, Templars Hall, Old Poway Park Restrooms, Community Park Pool, and the Poway Public Library, which shall be Monday through Sunday and the two multi-purpose Gymnasiums, which shall be Friday and Saturday. Work shall be done to allow for the least disturbance to any City facility (entering facilities once City staff has vacated the facility(s), except where special services are required to support a City function). Exceptions: 1. In lieu of the normal, evening routine cleaning, the Contractor shall provide all scheduled services for the Water Treatment Plant as described herein, between the hours of 5:00 PM and 8:00 PM, Monday through Friday, excluding holidays. 8. The determination of the total daily productive man-hour requirements for the performance of all services herein is the sole responsibility of the successful Contractor. It is of the utmost importance that the Contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this solicitation. Failure on the part of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results that may cause the Director of Public Works to make adjustments to the Contractor's monthly invoice(s) for unsatisfactory or omitted work. C. The Contractor is to provide separate staffing from the City facilities for the servicing of the Poway Public Library. D. The Contractor shall comply with applicable OSHA and Federal regulations under CFR 29 Section 1910.12 for proper training and by providing Material Safety Data Sheets with a list of Contractor recommended chemicals proposed for use within ten (10) days of award of Contract. E. The Contractor shall comply with all County Health Regulations when applicable to any public facility (e.g., Operations Lounge, Pavilion) where food is served, and the Community Pool and public restrooms where the public frequents. F. All areas left wet shall be so marked so as to notice persons of hazardous conditions. G. Extraction: Cleaning of carpets shall be done using an extraction method, or as recommended by the manufacturer. Carpets shall be dried by the next business day. H. The Contractor is responsible for securing all doors and windows within all facilities upon exiting each facility. Any emergencies shall be reported to the City's after-hours phone number at (858) 668-4751. I. The Contractor shall report any unsecured doors or windows upon entering each facility, leaking faucets, clogged toilets and other plumbing problems, broken or worn out dispensers, or any problems/concerns affecting the cleaning process to the Contract Specialist/Inspector, Mike Bernd by email at mbernd@poway.org by 8:00 AM the 54 of 70 24 December 3, 2019, Item #1.6 Attachment 2 following work day. J. The Library has a 24-hour-a-day video monitoring system. These systems are not to be cleaned or interfered with in any way because of the system's sensitivity. K. Computer/Keyboards are not to be cleaned or interfered with in any way. [Remainder of Page Left Blank Intentionally] 55 of 70 25 December 3, 2019, Item #1.6 Attachment 2 GENERAL SERVICES A. GENERAL CLEANING: All work is to be completed each time the facility is scheduled to be cleaned -All Facilities, All Visits. 1. The contents of each wastepaper basket (small black cans) shall be emptied in a mobile trash container of a type approved by the Director of Public Works. The mobile container shall be brought into each room and each wastebasket shall be dumped directly into it, not transported across the room to it. 2. Large trash containers shall be removed and transported in a manner as to not have their contents leak on the floor and shall be disposed of in a designated trash dumpster. Each wastebasket/trash can, shall be damp wiped clean, lined with a suitable sized plastic bag of sufficient durability and thickness to prevent liquids from leaking through the bag, and replaced in its original position. Collected trash shall be disposed of in designated trash dumpsters. 3. Empty trash can in shop area behind Stage. (Performing Arts Center) No other work to be done in shop area. 4. Commingled recycled bins, located at individual workstations and near large shredder machines, shall be lined with an appropriate liner. Contents only (not liner) shall be dumped into a separate mobile trash container (NOT TO BE MIXED WITH TRASH). Whenever a liner is determined to be dirty, it shall be replaced, with the old liner being put in the TRASH container. ALL RECYCLED MATERIALS ARE TO BE PLACED IN THE DESIGNATED RECYCLING CONTAINER LOCATED OUTSIDE EACH FACILITY. 5. The City shall provide trash and recycling containers and shall be responsible for the maintenance and regular emptying under a separate franchise. The janitorial Contractor shall be responsible for ensuring that any spillage shall be cleaned up immediately. The Contractor shall keep the area around the container clean and sanitary at all times. Meadowbrook Gym, Twin Peaks Gym, Aubrey Park, Templars Hall, Porter House, Old Poway Park Restrooms and the Train Depot do not have a dumpster area for City use to dump trash. Trash must be hauled to either the Lake Poway or Community Park dumpsters. 6. Building occupants are notified by the Director of Public Works that anything placed in the wastebasket or recycling bins are considered disposable and will be removed as such. It shall not be the responsibility of the Contractor to retrieve any items mistakenly placed in these receptacles. 7. All drinking fountains shall be thoroughly washed with a germicidal solution, removing all lime deposits, rust, and debris (No scouring powder or abrasive shall be used). 8. Clean all elevator doors metal trim, thresholds, walls. Vacuum all elevator carpets and spot clean, if needed. Vacuum and clean floor channels on all elevator doors (Performing Arts Center and City Hall). 9. Interior stairwells, landings, and lower and upper lobbies shall be swept clean of all dust, dirt, and debris and wet mopped with an approved neutral cleaner. Each handrail, rail base, and fixtures shall be dusted and all walls and doors spot cleaned. Foreign matter, such as gum, shall be removed. 56 of 70 26 December 3, 2019, Item #1.6 Attachment 2 10. All lobbies shall be swept clean of dust, dirt, and debris and wet mopped with an . approved neutral cleaner (if tile or vinyl) or vacuumed. 11. Handrails, rail bases, and fixtures, shall be dusted and all walls, doors, jambs, door frames, and kick plates, windowsills, ledges and light switches, shall be spot cleaned to remove smudges and stains, taking care to use an appropriate cleaner on all wall surfaces so as not to remove or discolor paint, and cause holes in wall coverings. All foreign matter shall be removed. 12. Clean and polish all hardware, metal fixtures, bright work, hand plates, door knobs, walls, door facings, light switches, receptacle covers. 13. Wipe clean all countertops. 14. Damp clean conference tables at all Facilities. 15. All surfaces and objects in the building(s) shall be cleaned by dusting and/or vacuuming. This includes table tops, wooden chairs, counters, wood shelving including all exposed book shelving, all wood sides and tops of bookshelves, carousel cases, the flat surface around fish tank (Library) not the tank itself, vertical surfaces (knee wells, chair rungs, table legs, etc.), all rails, cabinets. 16. All cobwebs shall be removed. 17. All carpeting shall be cleaned using the manufacturer's recommendation or by extraction if no manufacturer's recommendation has been provided, following a schedule approved by the Director of Public Works as to not interfere with daily or evening activities. Carpet traffic lanes and soiled areas shall be pre-treated to loosen soil build-up to assist in the overall cleaning to bring carpets back to a clean, uniform appearance. The pre-treatment used shall not leave a sticky residue or attract new soil. 18. Clean and disinfect all desk telephones. 19. Doors and windows shall be secured and alarmed. Any doors or windows not found secured shall be reported to the Contractor SpecialisUlnspector by 8:00 AM the following work day, noting location. Report plumbing leaks or clogs, and/or any other unusual problems found in or outside the buildings. 20. Turn off all lights and set all alarms prior to exiting each facility. RESTROOMS AND LOCKER ROOMS: All Facilities, All Visits (other than flooring, unless specified). 1. Wash and disinfect all basins, urinals, lavatories (toilets), counter tops, faucets, showers, partitions, soap dispensers, and bowls nightly, with approved cleaning/disinfectanUgermicidal solution, removing scale, lime deposits, and stains, from all fixtures -cleaning underside of rims of urinals and toilets; toilet bowls, sides, toilet seats, toilet bottoms, and piping. All areas shall be wiped dry and spotless. An approved scouring powder may be used on porcelain fixtures to remove stubborn stains and shall not be used on chromium and stainless-steel fixtures. 2. Wipe clean all restroom fixtures. 57 of 70 27 December 3, 2019, Item #1.6 Attachment 2 3. Chromium and stainless-steel fixtures, faucets, sinks, towel and/or soap dispensers, and shower stems shall be polished and dried with a wiping cloth leaving the fixtures free of stains and streaks. 4. Locker room ceramic tile floor and walls, enamel surfaces, toilet and shower compartment partitions shall be washed and scrubbed with disinfectant/germicidal solution removing all grime, graffiti, algae and/or mold and wiped dry (Pool, Operations, City Hall, & Iron Mt. Restrooms). 5. Restrooms at Lake Poway/Concession will be hosed and squeegeed out once a week on Monday evenings. Restrooms at Community Park Ballfield will be hosed and squeegeed each time of service. 6. Spot clean (including the removal of all foreign substances, such as gum or tar), dust or sweep, and wet mop with disinfectant/germicidal, all partitions, tile walls, ledges and baseboards to eliminate stains, odor, encrustation, alkaline deposits, and soap spills. 7. Sweep and mop all restroom flooring (All Facilities). At the Performing Arts Center when the facility has double performances, as time permits, sweep and mop restroom flooring ensuring that the floor must be dry by next performance. 8. Traps, drains, and fixtures shall be wiped clean and maintained free from foreign substances, hair and odors, at all times. 9. Clean and polish all restroom/locker room mirrors free of streaks and smudges. 10. Empty, wipe clean, sanitize, and reline all trash containers and sanitary containers. 11. Restock all toilet tissue, soaps, towels, toilet bowl seat covers, and sanitary napkin dispensers. KITCHENS/BREAK ROOMS: All Facilities, All Visits (including specific flooring). 1. Kitchen areas (break rooms) having resilient or vinyl tile floors, inclusive of eating/dining areas, shall be swept and damp mopped with a disinfectant, including under counters, tables, moveable appliances, and work areas. All areas are to be free of smudges, stains, and streaks. 2. CITY HALL BAMBOO WOOD FLOORS: Wood floors shall be cleaned according to manufacturer's recommendations contained herein. 3. CITY HALL LINOLEUM FLOORS: Linoleum floors shall be cleaned according to manufacturer's recommendations contained herein. 4. Sinks, outsides of microwaves, stoves (including grills and burners), and refrigerators shall be washed clean with a sponge using a germicidal solution. An approved cleaner for stainless steel sinks, stoves, and refrigerators shall be used to remove all stains and smudges. Metal surfaces and counters shall be wiped dry. 58 of 70 28 December 3, 2019, Item #1.6 Attachment 2 5. Wipe down all accessible horizontal surfaces, including but not limited to, tables and countertops. 6. Stock paper towel and soap dispensers. FLOOR AND FLOOR COVERINGS: All Facilities, All Visits. 1. Non-carpeted and non-wood floors are to be cleaned in their entirety each evening the building is scheduled for cleaning: All resilient tile flooring, ceramic, quarry, and stone tiles, are to be cleaned of dirt and foreign materials. Sweep or dust mop all flooring, wet mop only those floors approved according to manufacturer's specifications (disinfectants/germicides are to be used only with prior City approval) to ensure all dirt, stains, black heel marks, and foreign matter (e.g., gum, tar, mud) are removed from the floor. Spot clean prior to general cleaning as necessary to keep carpets free of stains, spots, or marks of any kind that can be removed through spot cleaning. Floors shall be free of streaks and mop strand marks. Walls, baseboards, and other surfaces shall be free of all residues and marks from equipment use. 2. All carpeted floors shall be vacuum-cleaned in their entirety each evening the building is scheduled for cleaning. The Contractor shall use such equipment as is necessary to vacuum clean carpet that is in corners and underneath low furniture and equipment. Carpets are to be spot cleaned as necessary to keep carpets free of stains, spots, or marks of any kind that can be removed through spot cleaning (includes theater at Performing Arts Center). 3. Spots, such as dried liquid, and any foreign matter, such as tar, chewing gum, paper clips, staples, pencil sharpening's, paper pieces or clippings, etc., shall be removed from all flooring. 4. Any furniture necessary to be moved during the process of cleaning floors/carpeting shall be the responsibility of the Contractor and shall be replaced in its original position. 5. All wood floors, EXCEPTING CITY HALL WOOD FLOORS, shall be dust mopped and damp mopped removing all dirt and debris, unless otherwise directed by the City, by location, using manufacturer's specifications; where there are no manufacturer's specifications, Contractor shall clean with a method approved by the City. CITY HALL wood floors shall be cleaned ONLY according to manufacturer's specifications. All work shall be streak free. 6. CITY HALL Carpets shall be cleaned ONLY according to manufacturer's specifications. All work shall be streak free. 7. CITY HALL: Excelon Tile flooring shall be cleaned according to manufacturer's recommendations contained herein. 8. CITY HALL "Linoleum" floors shall be cleaned according to manufacturer's specifications contained herein. 9. CITY HALL Resilient "Rubber" and "Tile" floors shall be cleaned according to manufacturer's specifications contained herein. 10. CITY HALL Dimension "Stone Tile" floors shall be cleaned according to manufacturer's specifications contained herein. 59 of 70 29 December 3, 2019, Item #1.6 Attachment 2 11. All, other than CITY HALL, wood floors shall be cleaned and polished. WINDOWS, GLASS SURFACES, AND MIRRORS: All Facilities, All Visits. 1. Clean entry/lobby doors and adjoining entry glass panels, glass in cabinets, table tops, directory boards, partitions, and glass doors within common areas, corridors and lobbies shall be cleaned free of smudges, stains, and streaks. Glass partitions shall be spot cleaned. 2. Clean all glass on staircase and mezzanine (Performing Arts Center). 3. Vacuum window sills for dead moths/spiderwebs on a bi-monthly basis. CONCESSION: Performing Arts Center, All Visits 1. Restock paper towels and hand soap dispensers, floors shall be swept and damp mopped with a disinfectant, and wipe down all countertops. All areas are to be free of smudges, strains, and streaks. 2. All stainless-steel surfaces, ice bins, and sinks, shall be washed clean with a sponge using an approved germicidal solution. An approved cleaner for stainless steel be used to remove all stains and smudges. Metal surfaces and counters shall be wiped dry. [Remainder of Page Left Blank Intentionally] 60 of 70 30 December 3, 2019, Item #1.6 Attachment 2 B. DEEP CLEANING: All Facilities. WEEKLY 1. Detail and edge vacuum carpeted areas (Weekly). 2. Ashtrays, located at designated smoking sites outside the facilities, shall be sifted and topped with new sand as needed. If ashtray sand is found dirty or filled with debris, the Contractor shall empty and wipe clean the ashtray before refilling with sand (Weekly). 3. Outside patio at City Hall shall be hosed cleaned each Monday. Tables and chairs are to be wiped down (Weekly). 4. Run water down floor drains to prevent sewer gases (Weekly each Friday). 5. Dust all accessible and exposed surfaces on desks, credenzas, overhead storage bins, cabinets, and windowsills unless otherwise directed without disturbing computers, papers, files, etc. (Weekly, each Monday). MONTHLY 1. Overhead light diffuser panels shall be removed, cleaned, and replaced (Monthly). 2. All heating, ventilation, and air conditioning grills shall be removed, brushed, washed clean, dried, and replaced. All vents will be kept clean and free of dust. Clean walls and ceiling areas adjacent to ventilating, air conditioning outlets (Monthly). 3. Clean inside of refrigerator units (removing and replacing staple goods) -Last Friday of each month (Monthly). 4. All exposed beams and pipes shall be dusted and washed clean, with special care being given not to interfere with safety monitoring equipment (Monthly). C. SPECIAL SERVICES: All Facilities, Per Matrixes. 1. All resilient tile, vinyl, and concrete floors shall be cleaned of dirt and foreign materials, stripped of old finish, machine/and or hand scrubbed and two (3) coats of sealant/finish applied. The Contractor shall use a skid free buffable floor finish that has been approved by the Director of Public Works to be applied evenly and sufficiently to withstand normal day-to-day traffic. Ceramic and quarry tile floors shall be cleaned, stripped and two (2) coats of sealer/finish applied (Per Matrix). 2. All carpeted floors will be professionally cleaned semi-annually or per matrix. All carpeted areas shall be deep extracted using a final clear water rinse. ALL CARPETS MUST BE CLEANED WITH A TRUCK MOUNTED CLEANER "ONLY". WORK CANNOT BE PERFORMED WITH A MOBILE/MANUAL CLEANER (Per Matrix). 3. All interior and exterior surfaces of the windows shall be cleaned and left without streaks and spotless. (Per Matrix) All semi-annual work is to be cleaned "professionally," i.e. "Wash and squeegee all windows," wipe down any and all extra water drippings. (Including large plate glass windows at the Performing Arts Center (Per Matrix). 4. Dust and wash all window blinds (removing and replacing) (PerMatrix). 61 of 70 31 December 3, 2019, Item #1.6 Attachment 2 5. Ceramic restroom, kitchen, and hallway tiles shall be acid washed with a City approved chemical and two (2) coats of sealant applied (Upon request, Pricing Quote Required). 6. Patio between Library and Meeting Room including patio between parking lot and buildings: Pressure power-wash patio, including benches (Library, Per Matrix). 7. Pressure/power-wash entire Carriage turn and walkway around Gazebo at Old Poway Park (Per Matrix). 8. Vacuum/steam clean all fabric furniture (Steam clean 7 upholstered benches in lobby, 30 black usher chairs, and 800 seats in the theater at Performing Arts Center (Upon request, Pricing Quote Required). 9. Vacuum/steam clean all fabric furniture (buildings other than Performing Arts Center) (Upon request, Pricing Quote Required). SPECIAL EVENTS ASSISTANCE A. GENERAL ASSISTANCE 1. Furniture/Equipment Set-up/teardown (Per Matrixes) Equipment (e.g., tables and chairs) shall be set up as required and on specific designated days (prior to) for Council meetings (maximum of 24 times per year), committee meetings, recreational activities, and other work as directed by the Director of Public Works. Diagrams of setup shall be provided by the City. The Contractor shall check with a specified event person prior to each event for any changes in equipment placement as this may vary per event location. 2. After Event General Clean Up All trash shall be removed and disposed of according to General Cleaning standards noted above. All areas shall be left in a neat appearance with floors vacuumed and/or mopped according to the General Cleaning basic standards noted above. B. CUSTODIAL RESPONSE TO SPILLS, ACCIDENTS 1. Basic Mop Clean Up The Contractor shall provide basic janitorial services to clean up minor spills and/or accidents within 24 hours of notification. All spills and accidents requiring basic mop clean up shall be done using a disinfectant/germicide to eliminate health concerns. All areas shall be posted to denote work in progress and hazardous conditions. 2. Deep Cleaning 62 of 70 32 December 3, 2019, Item #1.6 Attachment 2 The Contractor shall provide emergency services within 24 hours of notification. All spills and/or accidents involving extreme flooding shall be pumped free of excess fluids (Should any hazardous materials be involved, the Director of Public Works is to be contacted immediately prior to commencement of work.) All areas (restrooms, kitchens, floors) involved shall be deep cleaned according to the specific General Cleaning Deep Cleaning Standards as noted above. All areas shall be posted to denote work in progress and hazardous conditions Dark Fridays -(Schedule will be provided) Cleaning at the following facilities will be completed "only" every other Friday and not every Friday: City Hall -13325 Civic Center Drive Public Works Administration -14467 Lake Poway Rd. Operations Building -14445 Lake Poway Rd. Vehicle Maintenance -14415 Lake Poway Rd. C. OTHER 1. Hourly Cost for Power Washing Work requested for Power washing at any facility will be billed on a time and materials basis using a standard hourly rate (which shall include labor, materials, overhead and profit). [Remainder of Page Left Blank Intentionally] 63 of 70 33 December 3, 2019, Item #1.6 Attachment 2 MANUFACTURER'S SPECIFICATIONS FOR CITY HALL FLOOR MAINTENANCE Armstrong® Premium and Standard Excelon Vinyl Composition Tile • Basic Standard: o Do not wash, scrub, or strip the floor for at least four (4) to five (5) days after installation. o Sweep, dust mop, or vacuum frequently and thoroughly. o Damp mop with a diluted neutral detergent solution such as Armstrong S-485 floor cleaner -carefully wiping up black marks and excessive soil. A "light" scrubbing with an automatic floor machine may also be performed. o After damp-mopping or light scrubbing, the floor may be sorey-buffed or burnished (dry-buffed) to restore gloss. • Deep Cleaning: o Use of good quality maintenance products and conscientious regular adherence to a quality maintenance program will greatly reduce the need for stripping. Stripping should be done only when necessary. Do not use no-rinse strippers (solvent-based) within the first two years of the installation. This type of stripper may cause adhesive failure. o If the floor is badly scratched, strip the floor using a stripping detergent and a floor machine of 10-250 rpm capability equipped with a scrub brush or scrubbing pad (3M blue or equal). o Thoroughly rinse and allow to dry (do not flood the floor with rinse water, scrubbing or stripping solutions). o After the floor has been thoroughly stripped, rinsed and dried, apply 3-5 coats of high-quality acrylic polish. The use of sealers is optional but may be recommended by the manufacturer of the polish. Allow at least 30 minutes drying time between applications. Do not allow traffic on the floor for the length of time specified by the polish manufacturer. Rubber (Resilient) Floor Tiles -Johnsonite® • Basic Standard: 64 of 70 o Do not perform any maintenance on the products for 72 hours after installation is completed. o Thoroughly sweep or vacuum the entire surface area to remove all loose dirt and grit. o Prepare a cleaning solution by mixing 1 oz. to 4 oz. of neutral detergent (pH of 7- 8) per gallon of warm water. The dilution depends on light to heavy soil conditions. o Apply the solution with a clean "nylon" or "rayon" mop, and let stand for 5-15 minutes. IMPORTANT: DO NOT LET THE SOLUTION DRY. o Agitate the solution on the area with the mop, then wet vacuum or mop up the cleaning solution. o Rinse with CLEAN COLD WATER and then remove all the water by vacuum or mop. o Allow the product to thoroughly dry. 34 December 3, 2019, Item #1.6 Attachment 2 • Deep Cleaning: o If desired, one or two coats of a liquid, acrylic floor finish may be applied to improve gloss level and ease cleaning. Follow the manufacturer's directions for applications and drying times. Linoleum Floors -Marmoleum® Real/Fresco/Dual Forbo's modern linoleum flooring (MARMOLEUM®) is coated at the factory with a clear acrylic coating known as E.T.C. Finish. It is designed for excellent protection during installation, and if kept clean, needs little if any additional finishes applied. The E.T.C. Finish will easily work in com bi nation with any other finishes. It should not be removed. Therefore, traditional wet stripping methods must not be used on linoleum. If the factory coating is mistakenly damaged by traditional wet stripping methods, the linoleum itself will absorb the stripping solutions. The caustic nature of most strippers will also cause a color change in linoleum, normally yellowing any of the lighter shades of color. If it absorbs the solution, the linoleum will expand and become softer. In this softened state, it is easily damaged with the heavy-duty stripping pads normally used in the traditional wet stripping method. Linoleum should not be subiected to the traditional aggressive wet stripping process. Linoleum should be cared for by staff trained to understand the following: An initial stripping procedure commonly recommended to remove the factory or "mill" finish from many types of resilient floors to promote better adhesion of floor finish, is not necessary or recommended with linoleum. A regular floor maintenance program as described below should be followed closely. If there are any questions, Forbo Industries will be glad to arrange a maintenance seminar prior to the initial maintenance. A well-trained staff using a schedule of regular maintenance will virtually eliminate the need for stripping and is the recommended approach to linoleum care. Minimizing the amount of chemicals used to maintain the floors will not only lower maintenance cost, but is safer for both indoor air quality and the environment. • Basic Standard (Daily/Regular Maintenance): 65 of 70 o Remove all surface soil, debris, sand, and grit by sweeping or dust mopping. ■ Option 1 -"Dry maintenance method" (preferred method): Spray and buff using a rotary buffing machine (175-1500 rpm) with a nylon buffing pad and spray buff solution such as Butcher Over Drive, Taski P-44, Johnson Trailblazer, or equivalent. ■ Option 2-"Wet maintenance method": Use neutral pH (7.85) cleaner such as Butcher Sundance, Taski R-50, Johnson Stride, or equivalent. • When using automatic scrubber, use scrubbing pad. • When using mop and bucket, use clean mop and change solution regularly. • TAKE CARE NOT TO SATURATE THE FLOOR, USE AS LITTLE WATER AS POSSIBLE. 35 December 3, 2019, Item #1.6 Attachment 2 • If gloss needs to be restored, or for severe scuff marks, buff a fine mist of a buffing solution such as Butcher Over, Drive, Taski P-44, Johnson Trailblazer, or equivalent. • Deep Cleaning (Scrub and Recoat) o Dust mop to remove loose soil. o Heavy scrub using rotary scrubber, or automatic scrubber with scrubbing pad and double strength of neutral pH (7-8.5 detergent such as Butcher Sundance, Taski R-50, Johnson Reveal, or equivalent. o Pick up solution with a wet vac. o Rinse with clean water and allow floor to thoroughly dry. o Apply 1 to 2 thin coats of floor finish following initial application procedure. • Enhanced/Surface Preservation [Restorative Maintenance (Strip and re-coat: use only if scrub and recoat is not effective)]: o Dust mop to remove loose soil. o Use rotary scrubber or automatic scrubber with scrubbing pad and stripper solution such as Taski Linostrip, Butcher Clean Break, or equivalent, following instructions on the container carefully. o Pick up solution with wet vac. o Rinse with clean water and wet vac. o Apply 1 to 3 coats of floor finish following initial application procedures. Bamboo Wood Flooring (GAO FENG Co., Inc. Mount Bamboo, Ceramic Finish • Basic Standard (Routine Cleaning) o Do not wet a bamboo floor with water. When using any floor cleaner that requires mixing with water, follow mixing directions precisely. Heel or scuff marks and stubborn stains may be removed by lightly rubbing with a cloth and wood floor cleaner. o Floor must be dust mopped, vacuumed or swept with a soft bristle broom daily, or as often as necessary to remove grit and dust from the surface. o Area rugs located in areas where wear is most likely to happen, shall be shook out or vacuumed and replaced in original locations. • Enhanced/Surface Preservation (Long Term Maintenance): 66 of 70 o Urethane finishes eventually will show wear patterns from surface scratching. When high traffic areas begin to look dull, it is time to recoat, or restore the finish. Always from the manufacturer's recommendations. [Remainder of Page Left Blank Intentionally] 36 December 3, 2019, Item #1.6 Attachment 2 LIMESTONE MAINTENANCE Protection: Limestone is porous by nature. It will absorb stains from any things including dye in many grouts. To insure the best possible installation, as well as construction site selection, 511 lmpregnator should be applied as a grout release prior to grouting the stone. Application of 511 lmpregnator will resist grout dye absorption, facilitate grout residue -removal (up to 45% faster), and offer stain resistant protection during construction. 511 lmpregnator will not change the natural look of the stone. Clean the surface using Miraclean #1 or Liquid Poultice. These cleaners are safe for all types of stone and tile. Use a Marble Master Floor Machine, brush and wet vacuum. In small areas, a hand brush may be used. In large areas, an auto-scrubber may be used. Apply 511 lmpregnator to a clean, dry and dirt-free surface. Apply using a soft cloth, clean mop or pump sprayer. Apply only enough to wet the surface to the eye. Allow to stand 5 minutes and remove the excess with dry towels where necessary (Porous stones will have no residue problem due to high absorption). Although the 511 lmpregnator requires a 24-hour cure time before grouting, typically it will be dry to the touch in 30-45 minutes. Removing grout will usually require a sponge and water. In areas that will be exposed to oils and greases, or any areas that require added protection, apply 511 Pre-Treat after grout removal. 511 Pre-Treat used prior to 511 lmpregnator makes porous surfaces more resistant to staining materials, especially oils. Apply 511 Pre-Treat using a soft cloth, clean mop or pump sprayer. Apply only enough to wet the surface to the eye. Allow to stand 5 minutes and remove any excess with dry towels where necessary (Porous stones will have no residue problem due to high absorption). 511 Pre-Treat will typically be dry to the touch in 30-45 minutes. Allow the surface to cure for 12 hours before applying 511 lmpregnator as directed above and in the product data sheet. This will allow the grout to be protected as well as the stone. In areas where oils and greases will not be a problem, (building facades and walls, etc.) after grout removal, apply 511 lmpregnator as directed above and in the product data sheet. This will allow the grout to be protected as well as the stone. Color enhancement for flamed, bush hammered, and texturized limestone Mira Matte is a unique blend designed to enhance the natural color and texture of flamed, bush hammered, split face, and other textured limestone. Mira Matte leaves a beautiful matte finish. Mira Matte can be used after 511 Pre-Treat and 511 lmpregnator. In areas where oils and greases are not a problem, Mira Matte may be used by itself. Apply Mira Matte with a natural fiber brush, stiff paint brush or pump sprayer. Apply as evenly as possible. Two applications are necessary. Proceed with the second application when the first is dry to the touch. Be sure to even out the chemical and do not allow it to puddle on the surface. Mira Matte can be walked off over time and will need to be stripped and re-applied on an as needed basis. Maintenance 67 of 70 37 December 3, 2019, Item #1.6 Attachment 2 Daily dry dust mopping will keep dust, grit, and sand off the stone. Although limestone will not wear as rapidly as polished stone, it is still wise to keep it as clean as possible. Mira Soap is a natural, concentrated cleanser and protector. Mira Soap cleans and protects all in one step. Add Mira Soap to your mop water and damp mop the stone. NO RINSING IS NECESSARY. Mira Soap can be used as often as desired with no harm to the stone. Period deep cleaning (monthly/quarterly) may be necessary. Use Liquid Poultice or Miraclean #1 as directed with HOT water. After deep cleaning, go back to Mira Soap for daily maintenance cleaning. Stain Removal Liquid Poultice will remove most stains from limestone without marring the surface. Apply as directed for typical stains. If a stain is unable to be removed with the standard method, prepare a poultice by mixing Liquid Poultice with whiting, white flour or paper towel. Apply to the stain, cover with plastic wrap, and tape down surrounding edges. Allow the mixture to dry completely. Remove with a wooden paddle or putty knife and rinse well. Multiple applications may be necessary. [Remainder of Page Left Blank Intentionally] 68 of 70 38 December 3, 2019, Item #1.6 Attachment 2 SLATE MAINTENANCE, CARE AND REPAIR Slate is a quarried stone used for fireplaces, hearths, and floors in the home. As slate is a porous stone material, it should be sealed. Get a special slate floor sealer from the flooring dealer or home center. The sealer penetrates the upper surface of the slate, and protects it from soil and scratches, and from grease. To clean slate, brush wall surfaces occasionally to remove dust and "freshen" or dust with dusting attachment of a vacuum cleaner. Wash slate floors with detergent and water. Slate is not damaged by alkali cleaners, but strong solutions are not needed for cleaning. Rinse well and wipe dry. A water based, self-polishing wax can be applied over a clean, dry, sealed floor for extra protection and shine. Weekly damp mopping with a barely damp mop on a waxed floor will keep it clean for quite a while before the washing with detergent is needed. If you an electric polish, solvent based polishing wax may be used to clean and wax. This must be buffed. Do not use wax around fireplaces. [Remainder of Page Left Blank Intentionally] 69 of 70 39 December 3, 2019, Item #1.6 Attachment 2 MANUFACTURER'S SPECIFICATIONS FOR POOL FLOOR MAINTENANCE SafeGuard Hydro Slip-Retardant Sheet Flooring This material is designed for slip retardance, so floor polish is not recommended as they will adversely affect the slip-retardant properties of these floors. They should not be buffed or burnished. • Daily Maintenance 70 of 70 o Sweep or vacuum thoroughly. o Damp-mop or lightly scrub the floor with the appropriate brushes. Use a neutral detergent solution such as Armstrong S-485 Floor Cleaner at 3 to 4 ounces per gallon. o DO NOT USE A FLOOR POLISH. [Remainder of Page Left Blank Intentionally] 40 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT December 3, 2019 Honorable Mayor and Members of the City Cou�r!I Eric Heidemann, Director of Public Works f fr Pat Ryan, Interim Assistant Director of Public Works for Maintenance Operations (858)668-4705 or pryan@poway.org Award of Contract to Commercial & Industrial Roofing Co. Inc. for As-Needed Roofing Services; RFP No. 20-009 A notice inviting bid proposals for as-needed roofing services was duly advertised on October 3 and October 17, 2019. One responsive proposal was received and opened on October 31, 2019. Commercial & Industrial Roofing Co. Inc. (Commercial Roofing) was determined to meet the evaluation criteria and the needs of the Public Works Department. The first term of the Contract is two years beginning December 1, 2019, through November 30, 2021. The Contract may be extended through a total of three separate one-year extensions. The maximum length of the Contract would be up to five years. Recommended Action: It is recommended that the City Council award the Contract for As-Needed Roofing Services, RFP No. 20-009, to Commercial & Industrial Roofing Co. Inc. and authorize the City Manager to execute the necessary documents. Discussion: The City has a continuing need for as-needed roofing services for various repairs at its facilities throughout the City. Maintaining the roofing structures of City facilities requires the assistance and expertise of specially trained and qualified roofing experts. Because City staff does not have this expertise, the City has traditionally contracted for this service. With the City's current contract expiring on November 30, 2019, the City issued a notice inviting proposals for as-needed roofing services on October 3 and October 17, 2019, in the Poway News Chieftain. In line with the City's effort to competitively bid all contract services and select the most qualified firms, staff also advertised the bid opportunity through the City's bid e-notification system, Construction Bidboard, which markets the City's bid solicitations to registered vendors and markets opportunities throughout the construction industry. In addition, the bid opportunity was made available for download from the City's website. One proposal was received and opened on October 31, 2019. Evaluation criteria for the proposals included overall experience, technical expertise, work force coverage capacity, references, conformance to the Request for Proposal (RFP) and rates. Public Works staff reviewed the proposal submitted by Commercial Roofing and determined it met the department's needs, specifically Commercial Roofing's knowledge, experience and factory-trained technicians. Commercial Roofing is the City's current 1 of 23 December 3, 2019, Item #1.7 December 3, 2019, Item #1.7 as-needed roofing services contractor, and Commercial Roofing has been providing service to the satisfact ion of staff. In Fiscal Year 2018-19, Commercial Roofing completed 50 repairs to approximately 30 City buildings, with an average repair cost of $465.59. Commercial Roofing is based out of the Spring Valley area and has provided s imilar services for large public and private organizations. The cost results from their proposal is included in Table 1 below: Position Mon-Fri After Hours & Sundays/Holidays 7:00 a.m. -Saturdays 3:30 p.m. Supervisor $70.00 $100.00 $140.00 Journevman $70.00 $100.00 $140.00 Laborer $65.00 $90.00 $130.00 Premium Hourly Rate Amount to be added to Hourly $75.00 $75.00 $125.00 Base Rates for Work Identified as Having Asbestos Under the Contract, Commercial Roofing is responsible for furnishing all professional roofing services, skilled labor, material, equipment, tools, insurance, permits and fees , as necessary to render the services according to the specification set forth in the RFP, including but not limited to preventive maintenance, inspections and repairs. This Contract is intended to cover as-needed roofing services for all projects assigned to the Commercial Roofing. In addition, any single project that is estimated to exceed $5,000.00 is subject to be bid separately. The length of the initial Contract is two years beginning December 1, 2019, through November 30, 2021 . The Contract may be extended subject to City Council appropriation of funds through a total of three separate one-year extensions. The maximum length of the Contract would be up to five years. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Sufficient funds are available in the Fiscal Year 2109-20 Budget (4 15010-43040) for as-needed services, which shall not exceed $100,000 .00 during the two-year term of the Contract. Public Notification : None. Attachments: A. Contract with Commercial & Industrial Roofing Co. Inc. Reviewed/Approved By: Wend aserman Assistant City Manager 2 of 23 Reviewed By: Alan Fenstermacher City Attorney Approved By: December 3, 2019, Item #1.7 City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this First day of December, 2019, by and between the CITY OF POWAY (hereinafter referred to as "City") and Commercial & Industrial Roofing Co. Inc., a California Corporation (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform as- needed roofing services for the various facilities throughout the City (Project); and WHEREAS, Contractor has special knowledge, experience, facilities and Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60- day period Contractor shall perform all contracting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 3 of 23 ATTACHMENT A December 3, 2019, Item #1.7 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of 23 December 3, 2019, Item #1.7 "Contractor" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Contractor/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of 23 December 3, 2019, Item #1.7 years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 14. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. 6 of 23 December 3, 2019, Item #1.7 (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. 7 of 23 December 3, 2019, Item #1.7 Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 8 of 23 December 3, 2019, Item #1.7 Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. 9 of 23 December 3, 2019, Item #1.7 CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: ----------- ATTEST: Faviola Medina, City Clerk APPROVED AS TO FORM: By: ___________ _ Alan Fenstermacher, City Attorney 10 of 23 COMMERCIAL & INDUSTRIAL ROOFING CO. INC. By:------------ Name, Title Date: __________ _ December 3, 2019, Item #1.7 A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform contracting services as required by City, which shall consist of the as-needed roofing services further described in the Scope of Services submitted with the proposals dated October 25, 2019, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated October 25, 2019, which are included in this document as Attachment 2. Total fee is not to exceed $100,000. Contractor's fee shall include and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said contracting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing December 1, 2019, and ending November 30, 2021, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Contractor. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 11 of 23 December 3, 2019, Item #1.7 (b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Contractor: 12 of 23 City of Poway P.O. Box 789 Poway, CA 9207 4 Commercial & Industrial Roofing Co. Inc. 9239 Olive Drive Spring Valley, CA 91977 December 3, 2019, Item #1.7 EXHIBIT "8" Cal Gov Code § 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public Pension and Retirement Plans> Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. (d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 13 of 23 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. December 3, 2019, Item #1.7 (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: (l)The employer 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. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January I, 2013, or has been included in subsequent agreements. ( 4)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. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. 14 of 23 December 3, 2019, Item #1.7 (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January I, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January I, 2015. Annotations Notes Amendments: Note- Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 15 of 23 December 3, 2019, Item #1.7 Attachment 1 TECHNICAL SPECIFICATIONS 1. Technical Specifications: A. Work described, as being performed daily shall be performed Monday through Thursday between the hours of 7:00 a.m. to 3:30 p.m., and 7:00 a.m. to 3:30 p.m. on alternating Fridays, excluding holidays. There shall be no work on the alternating Friday on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director or designee. B. If the work requires a temporary site for material storage, a Temporary Use Permit (TUP), may need to be processed at no cost to the contractor. C. The determination of the total daily productive man-hour requirements for the performance of all services herein is the sole responsibility of the successful Contractor. It is of the utmost importance that the Contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this solicitation. Failure on the part of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results, which may cause the Director of Public Works to make adjustments to the Contractor's invoice(s) for unsatisfactory or omitted work. D. The Contractor shall comply with applicable OSHA and Federal regulations under CFR 29; Section 1910.12 for proper training and by providing Material Safety Data Sheets proposed for use within ten (10) days of award of contract. 2. Personnel: Contractor will perform all work in a timely and workmanlike manner, using only qualified technicians with a minimum of 5 years of experience with equipment in the contract, and will adhere to all code standards of the City of Poway, EPA and any other state and federal requirements. 3. Scope of Work: The table on the following pages provides a list of the facilities that will be covered by the agreement. As an "as-needed" contract, the Contractor shall only perform such work under assignment from the City, when deemed necessary, each assignment being a distinct and separate project. Facilities may be added or deleted during the course of the contract. Facilities are listed in the next table. 16 of 23 December 3, 2019, Item #1.7 c·t t P 1:y 0 oway ac11t1es IS F T. L" t Facility Address Sq. Feet 1 City Hall 13325 Civic Center Dr. 50,400 2 Council Chambers 13325 Civic Center Dr. 5,900 Chiller Plant at City Hall 13325 Civic Center Dr. 3 Public Works Administration 14467 Lake Poway Rd. Building 5,700 4 Crew Lounge/ Warehouse 14445 Lake Poway Rd. 7,467 5 Vehicle Maintenance 14415 Lake Poway Rd. 5,628 6 Vehicle Storage 14445 Lake Poway Rd. 5,200 7 Lake Poway Administration BuildinQ 14644 Lake Poway Rd. 1,100 8 Lake Poway -Concession Stand 14644 Lake Poway Rd. 1,850 9 Lake Poway -FFA Buildings 14644 Lake Poway Rd. 3,600 10 Lake Poway -Boat Dock 14644 Lake Poway Rd. 3,700 11 Lake Poway -Pavilion 14644 Lake Poway Rd. 1,510 12 Lake Poway -Entrance Booth 14644 Lake Poway Rd. 100 13 Lake Poway -Crew Facility 14644 Lake Poway Rd. 600 14 Lake Poway -Lower Ball Field Restrooms 14644 Lake Poway Rd. 1,056 15 Lake Poway -Middle Restrooms 14644 Lake Poway Rd. 560 16 Lake Poway -Upper Restrooms 14644 Lake Poway Rd. 560 17 Community Park -Pool Locker/Restroom Building 13094 Civic Center Dr. 3,593 18 Community Park -Pool Filter Housing 13094 Civic Center Dr. 1,847 19 Community Park Pool Splash Pad Building 13094 Civic Center Dr. 400 21 Community Park Ball Field Restrooms 13094 Civic Center Dr. 501 22 Community Park -Crew Shed 13094 Civic Center Dr. 400 23 Skate Park Restroom 13094 Civic Center Dr. 500 24 Old Poway Park Museum 14134 Midland Rd. 2,135 25 Train Barn 14134 Midland Rd. 2,695 26 Templars Hall 14134 Midland Rd. 1,620 27 Porter House (historic) 14134 Midland Rd. 2,180 28 Nelson House (historic) 14134 Midland Rd. 1,300 29 Hamburger Factory 14134 Midland Rd. 3,420 30 Old Poway Park Museum Restrooms 14134 Midland Rd. 200 31 Train Depot 14134 Midland Rd. 3,000 32 Girls Softball League Concession/Restroom 13544 Aubrey St. 700 33 Material Handling Yard, Hazardous Waste 12325 Crosthwaite Cr. 932 34 Records/Lounge Trailer 12325 Crosthwaite Cr. 500 17 of 23 December 3, 2019, Item #1.7 35 Meadowbrook Gymnasium 12320 Meadowbrook Ln. 12,400 36 Twin Peaks Gymnasium (Joint Use) 14640 Tierra Bonita Rd. 11, 151 37 Arbolitos Sports Park Restrooms 14501 Arbolitos Dr. 800 48 Garden Road Park Restrooms 14901 Garden Rd. 840 39 Hilleary Park Restrooms 13500 Community Rd. 840 40 Hilleary Park Tennis/Basketball 41 Silverset Park Restrooms 14 795 Silverset St. 840 42 Starridge Park Restrooms 137 45 Carriage Rd. 840 43 Valle Verde Park Restrooms 16899 St. Andrews Dr. 840 44 Sports Park -Ball Fields, Snack Bar/Restaurant 12349 Mclvers Ct. 2,450 45 Sports Park -EquipmenUStorage 12349 Mclvers Ct. 1,400 46 Fire Station No. 1 13050 Community Rd. 18,198 47 Fire Station No. 2 16914 Westling Ct. 4,863 48 Fire Station No. 3 14322 Pomerado Rd. 14,056 49 City of Poway Library 13137 Poway Rd. 24,400 50 Iron Mtn. Restroom 15498 Espola Rd. 200 51 Performing Arts Center 15498 Espola Rd. 57,040 52 Sheriffs' Station 13100 Bowron Rd. 15,000 53 Commercial Building RDA 13053 Poway Rd 2,670 54 Kumeyaay-lpai Interpretive Center 13104 lpai Waaypuk Tl. 1,400 Water Utilities Address SQ. Feet 55 Lake Poway West Side/Poway Lake/West Side Aerator at Lake Poway D 49 56 Camelback Pump Station 14445 Lake Poway Rd. 630 57 Camino Del Valle Sewage Lift Station 12910 Camino Del Valle 232 58 Cloudcroft Pump Station II 17087 1 /2 Cloudcroft Dr. 1,296 59 Community Road Pump Station 12520 1/2 Community Rd. 1,196 60 Gregg Street Recycled Pump Station 13621 G reaa St. 1,490 61 Heritage Lift Station 18775 1 /2 Heritage Dr. 102 62 14218 1/2 High Valley HiQh Valley Pump Station Rd./High Valley Rd. SE D 1,450 63 14090 North crest Northcrest Pump Station Ln./Northcrest Ln. W/O D 880 64 Old Coach Sewage Lift Station 17710 1/2 Old Coach Rd. 167 65 Old Coach Way Pump Station Bldg. 18535 Old Coach Dr. 918 18 of 23 December 3, 2019, Item #1.7 66 (A) 240, Pump Station 1 BldQ. A and B 14445 Lake Poway Rd. (B) 522 67 Rostrata PR Station 16460 Martincoit Rd. 40 68 South Chlorinator Building Sycamore Canyon W/O D 500 69 Welton Pump Station 12701 Welton Ln. 970 70 14163 1/2 Donart Dr./14162 Woodcliff Pump Station 1 /2 Donart Dr. 644 71 Water Treatment Pia nt/Operations/Office 14521 Lake Poway Rd. 3,400 72 Chlorine/Chemical Feed 14521 Lake Poway Rd. 5,000 73 Filter Control BuildinQ 14521 Lake Poway Rd. 500 74 Treatment/Ammonia BuildinQ 14521 Lake Poway Rd. 1,500 The Scope of Work is intended to cover as-needed roofing services for all projects assigned to the Contractor. In addition, any single project that is estimated to exceed $5,000.00 will be bid separately and not considered to be covered by this Contract. 4. Method of Performing Work: A. Methods of Operation: The Contractor shall be responsible for the safety, adequacy, and efficiency of the Contractor's personnel, equipment and methods. The approval of the City of any plan or method of work proposed by Contractor shall not relieve the Contractor of any responsibility thereof, and such approval shall not be considered an assumption by the City of any kind of liability, and the Contractor shall have no claim under this contract on account of failure or inefficiency of any plan or method so approved. Such approval shall be considered and shall mean the City has no objection to the Contractor's use or adoption at the Contractor's own risk and responsibility, of the plan or method so proposed by the Contractor. B. Scheduling of Operations: Contractor shall perform this work at such time as to minimize disturbance or interference to residents, and pedestrian or vehicle circulation. Working hours shall be 7:00 a.m. to 3:30 p.m., Monday through Thursday, and 7:00 a.m. to 3:30 p.m. alternating Fridays, excluding holidays. There shall be no work on the alternating Friday on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director or designee. This includes any work considered to be paid at an overtime rate. C. Holiday Operations: There shall be no work on weekends or holidays on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director, except for emergencies involving immediate hazard to persons or property. D. Reports and Schedules: Contractor may be requested by the City to submit reports and schedules as necessary. Reports shall be submitted electronically within 24 hours of work performed. Such reports may include, but not be limited to, the following: i. Schedule of identified and prioritized recommended repairs, with estimated labor hours and material costs. ii. Invoices for materials and parts purchased. E. Safety: All work performed under this Contract shall be performed in such manner as to provide maximum safety to the public and comply with all safety standards required by Cal-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 19 of 23 December 3, 2019, Item #1.7 5. Cooperation and Coordination with other Contractors: The Contractor shall cooperate with all other contractors who may be performing work on behalf of the City and workers who may be employed by the City on any work in the vicinity of the work to be done under this contract. The Contractor's operation shall interfere to the least possible extent with the work of such contractors or workers. Any difference or conflict that may arise between the Contactor and other contractors, or between the Contractor and City workers, with respect to execution of their work, shall be adjusted and determined by the City. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or contractors, the Contractor shall have no claim against the City on that account other than for an extension of time. 6. Hazardous Conditions: Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operation. Any hazardous conditions noted by the Contractor that is or is not a result of his/her operation shall immediately be reported to the City of Poway Public Works Department at (858) 668-4700 and Pat Ryan, Interim Assistant Director of Public Works for Maintenance at (858) 668-4705. 7. Sound Control: Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to this contract. Operations that generate excess noise, i.e., running any type of power equipment, would not be allowed before 8:00 a.m. so as not to disturb the residents of the area. Any internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler and spark arrestor. 8. Unfavorable Maintenance Conditions: During inclement weather, or other unsuitable maintenance conditions, the Contractor shall confine operations to work that will not be adversely affected. No portion of the work shall be done under conditions that would adversely affect the quality or the efficiency of the work, unless by special means or precaution approved by the City, allowing the Contractor the ability to perform the work in a proper and satisfactory manner. 9. Flow and Acceptance of Water: It is anticipated that storm, surface or other waters will be encountered at various times during the work herein contemplated. The Contractor, by submitting a proposal, acknowledges that he has investigated the risk arising from such waters and has prepared his proposal accordingly and Contractor, by submitting a proposal, assumes all of said risk. 10. Protection of Existing Facilities and Structures: Contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities both above surface and underground on the City's property. Any damage to City or private property deemed to be caused by the Contractor's neglect, shall be corrected or paid for by the Contractor at no cost to the City. This will include loss of plant material. If the City requests or directs the Contractor to perform work in a given area it will be the Contractor's responsibility to contact the various utility companies to verify and locate any underground systems or utility lines. Contractor shall take responsibility for exercising caution when working in these areas. If the Contractor damages utilities, he will be responsible for making the necessary repairs at his own expense. Contractor will notify the City within two (2) hours of 20 of 23 December 3, 2019, Item #1.7 any damage that occurs. The City contact is Pat Ryan, Interim Assistant Director of Public Works for Maintenance Operations at (858) 668-4705. 11. Repairs: All damages or alterations to City property resulting from the performance of work under these specifications during the term of contract shall be repaired or replaced immediately and in kind, to the satisfaction of the Director of Public Works and at no cost to the City. Repairs or replacements not completed to the satisfaction of the Director shall be deducted from the contract payment to cover costs. 12. Litter Control: All debris generated by Contractor in the performance of work required in these specifications shall be removed from the site and properly disposed of by Contractor. Should Contractor not be able to self-haul, Contractor must contact the City's exclusive franchise hauler (presently EDCO Waste and Recycling Services) for services. The Contractor shall not enter into a contract with any hauler other than the City's franchise hauler. Hazardous materials (e.g., chemicals, oils, other fuels,) used in the performance of work required in these specifications shall not be placed in any gutter or storm drain system, but must be collected and disposed of according to Federal or State laws, and/or County or City of Poway ordinances. 13. Proiects: The City will inspect each project for compliance with these specifications. 14. Warranty: All work performed under this contract will carry a minimum thirty-day warranty on labor and the manufacturer's warranty on material. 15. Roofs with Current Warrantees: Roofs that currently have a manufacturers' warrantee cannot be worked on unless you are authorized by the manufacturer. See Facilities staff for a current list of roofs with warrantees. [Remainder of Page Left Blank Intentionally] 21 of 23 December 3, 2019, Item #1.7 PROPOSAL TABLE HOURLY RATES FOR PREVAILING WAGES (For work v alu ed over $1,000 per o ccurre nce) (Hou rly rate includes include labor, vehicle use, tools and equipment, overhead and profit) Attachment 2 Position Mon-Fri After Hours & Sundays/Holidays 7:00am-3:30pm Saturdays Supervisor $ ]Q,cc-$ 1 oo.eo Journevman $ 10. DD $ loo. oa Laborer $ ~5.."" $ 9.0,= Premium Ho urly Rate Amount to be added to Hourly Base Ra tes fo r $ ·1s.~0 $ 7 5, Q,() Work Identified as Havi ng Asbestos Propos al Amount m Words (Doll a rs and Cents) Prevailing W age One Supervisor: Mon -Fri 7:00am to 3:30pm Seien ~ Do J/a R 2, No eee f\'±6 Prevailing Wage One Supervisor: After Hours & Saturday ON e__ f+u.,V\d.£ t d T>o [(a.I 5j tJ o <:Pa-1-.s Prevailing Wage One Supervisor: Sunday and Holidays Prevailing Wag e One Journeyman: Mon -Fri 7:00am to 3:30pm } Prevailing Wage One Journeyman: Afte r Hours & Saturday I Prevailing Wage One Journeyman: Sunday and Holidays $ I 4-0, 0o $ l l-/--b. v~ $ l 3.o, ,... $ l z.s, ~ Q Af E--/+t.Uci.Jud, G, ~ .... 9..9. !/CLY'.':> J rJ O (!Lri f 5 Prevailing Wage One Laborer: Mon -Fri 7:00am to 3:30p m 5, y.,¼Y F,· v'Q___ Do ({a_ cs, /VO &n +6 Prevailing ~age One Laborer: Afte r Hours & Sa turday _&i o ~ Do llcus1 /Jo &r1d-:s Prevailing Wage One Laborer: Sunday and Holid ays 000 ~✓'ftu·~ J2ot/CUS, A}_Q ~ 22 of 23 27 December 3, 2019, Item #1.7 Attachment 2 WOOD REPAIR/ REPLACMENT TABLE Contractor shall provide wood repair and replacement rate. The unit prices for wood to be guaranteed for one year. Wood repair and replacement costs will be a factor in the competitive solicitation analysis. Size 1-9 Sheets 10-25 Sheets 26+ Sheets 3/8" CDX 45,80 46.90 4'5.«> 1/2" CDX ~ DO ~ 00 ~.oo 3/4" CDX '15.~o rt~ 60 --'15 oO 5/8 11 T-111 tq!, 1 80 ln~.oo lo5.fj{) 3/4" T-111 w'5,"o '"~ oO ln'1 OO Other Other Other Wood and Fascia Boards Size 1 '-50' (per ft.) 51'-150' (per ft.) 151' + (per ft.) 1 "x2" S4S Trim 5 &O 5,00 ~ DO 1 "x4" S4S Trim 5.(JO ~.t:io Y) 00 1 "x2" Rouah Sawn lo oo lit.OD (o,BD 1 "x4" Rough Sawn lo <>0 ( e-o 11, (o. GO 111 x4" Const Grade lD co fo oo (Q,80 1 "x6'' Const Grade (o,fX> lo,&O ft,, 60 1 "x8" Tongue & Groove '1.00 e,co '1.DO 2"x8" Tongue & Groove 8,00 fsW 8 ."° 1 "x8"~12" Const Grade ~ 60 m.to (~ 00 1 "x6"-8" Shiplap A.90 10 oo l~.00 1 "x4"-8" Fascia 10 00 I() 00 ,~oo 1"x10"-12'' Fascia ,a.oo \5.w 15,00 2"x4"-8" Fascia e.ro e,_oo ,o.00 2"x10"-12" Fascia 15,00 1500 15,w Rafter Tails (up to block) (1-10) (11-20) (21 +) each each 15.00 each 115.00 f/:).fJO Rafter Tails (behind (1-10) (11-20) (21 +) each block) each \~5,eD each !~.oo r,o,eo -. --·····-----·--·--Other Other [Remainder of Page Left Blank Intentionally] 23 of 23 28 1 of 6 December 3, 2019, Item #1.8 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT December 3, 2019 Honorable Mayor and Members of the City Council Alan Fenstermacher, City Attorney Alan Fenstermacher, City Attorney afensterm acher@poway.org Approval of Amendment to Employment Agreement for the City Manager The City Council conducted its first performance evaluation of the City Manager, Christopher Hazeltine, wherein the City Council determined that the City Manager has exceeded its expectations and goals. Based on this positive evaluation, the City Council desires to amend the City Manager Employment Agreement to increase the City Manager's compensation. Recommended Action: It is recommended that the City Council authorize the Mayor to execute the First Amendment to the City Manager Employment Agreement between the City of Poway and Christopher Hazeltine and adopt the Resolution updating the Management/Confidential Salary Schedule to reflect the salary change in the First Amendment. Discussion: Christopher Hazeltine has served as City Manager since May 6, 2019. Per the terms of the City Manager Employment Agreement (Attachment A), the City Council is required to conduct an evaluation of the City Manager's performance after 6 months of employment, where it may consider performance-based salary adjustments. The City Council conducted its performance evaluation on November 19, 2019 and determined that the City Manager is entitled to an upward salary adjustment based upon his positive performance. The First Amendment would increase the City Manager's base salary from $230,000 to $247,250 (an increase of 7.5%) and entitle him to receive the same stipend paid to all City employees in the Management/Confidential group in 2019, per the terms of the Agreement. This increase would still result in the City Manager's compensation being below median compared to other jurisdictions in San Diego County. Environmental Review: This item is not subject to CEQA review. Fiscal Impact: The total ongoing cost of the $17,250 base salary increase, including benefits, is approximately $21,900. The total one-time cost of the $3,000 stipend, including benefits, is approximately $3,800. Sufficient funds are available in the City Manager's budget (Org. 103010) for the First Amendment. 2 of 6 December 3, 2019, Item #1.8 Public Notification: None. Attachments: A. First Amendment to City Manager Employment Agreement B. Resolution Reviewed/Approved By: wenKaserman Assistant City Manager Reviewed By: (Jj.. W;... Alan Fenstermacher City Attorney Approved By: Chris Hazeltine City Manager 1 FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT THIS FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT (“First Amendment”) is made and entered into effective this 3rd day of December, 2019, by and between the City of Poway, a municipal corporation ("City"), and Christopher Hazeltine, an individual (“City Manager”). RECITALS 1.City and City Manager entered into that certain "CITY MANAGER EMPLOYMENT AGREEMENT,” dated April 2, 2019 and effective May 6, 2019 (the "Agreement”), by which City and the City Manager established the terms, conditions, compensation and other benefits for the City Manager’s employment by the City. 2.Section 3(D) of the Agreement requires the City Council to conduct an evaluation of the City Manager’s performance after 6 months of employment, where it may consider performance- based salary adjustments. 3.On November 19, 2019, the City Council conducted the evaluation contemplated by Section 3(D) of the Agreement, where the City Council determined that the City Manager has exceeded the City Council’s expectations and goals. 4.The City Council and City Manager desire to enter into this First Amendment in order to make clean up changes and increase the City Manager’s salary based on his positive performance to date. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Section 1. Section 4(A)(1), subsections (a) & (b), of the Agreement shall be replaced in their entirety to read as follows: (a) The annual base salary for the position of City Manager shall be $247,250. This salary will be increased at the same time and amount as that of other Poway management employees in the Management/Confidential Group 1, which includes any stipend. The salary of the City Manager shall be at a similar market position as Poway department directors and other management staff. (b) The City Manager shall be paid at the same intervals and in the same manner as regular City employees. Section 2. Except as otherwise amended by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. [Signatures on Following Page] ATTACHMENT A3 of 6 December 3, 2019, Item #1.8 2 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed the day and year first above written. CITY OF POWAY CITY MANAGER By By Steve Vaus, Mayor Christopher Hazeltine ATTEST: Faviola Medina, CMC, City Clerk APPROVED AS TO FORM: Alan Fenstermacher, City Attorney 4 of 6 December 3, 2019, Item #1.8 RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE MANAGEMENT/CONFIDENTIAL SALARY SCHEDULE WITH THE CHANGE IN SALARY FOR THE CITY MANAGER WHEREAS, a Salary Schedule is established for designated Management/Confidential employees, which includes the City Manager’s salary; and WHEREAS, it is necessary to revise the City of Poway’s Management/Confidential Salary Schedule to reflect the City Manager’s salary increase as authorized by the City Council through an amendment to the Employment Agreement for the City Manager. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The above recitals are true and correct; Section 2: The Salary Schedule for employees designated as Management/Confidential, which includes the City Manager, attached hereto as Exhibit A, is hereby adopted, effective December 3, 2019. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California at a regular meeting this 3rd day of December 2019 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: ______________________________ Steve Vaus, Mayor ATTEST: ________________________________ Faviola Medina, CMC, City Clerk ATTACHMENT B 5 of 6 December 3, 2019, Item #1.8 6 of 6 December 3, 2019, Item #1.8EXHIBIT A City of Poway Management I Confidential Salary Schedule Effective December 3,. 2019 Classification Title I Grade 11 Approx. !Monthly ' Step 11 I Step2 I Step3 1 Step4 I Steps Salary .Range Citv Manager 999 20604 Group .1 'Exempt At-Will Assistant City Manager 871 13,981 -16,994 80.6623 84 .6955 88 .9300 93.3767 98 .0420 Director of Community Services 791 11,612-14,115 66.9951 70 .3449 73 .8622 77 .5553 81 .4331 Director of Development Services 831 12,665 -15,393 73 .0694 76 .7229 80 .5591 84.5869 88 .8056 Director of Finance 791 11 ,612 -14,115 66 .9951 70 .3449 73 .8622 77 .5553 81 .4331 Director of Human Resources & Risk Management 771 11 ,060 -13,443 63 .8049 66 .9951 70 .3450 73.8622 77.5553 Di rector of Public Works 831 12 ,665 -15,393 73 .0694 76.7229 80 .5591 84.5869 88 .8056 Fire Ch ief 831 12 ,665 -15 ,393 73 .0694 76.7229 80.5591 84.586"9 88.8056 i Group 2A Exempt At-Will Assist. Di:rector of Public Works Operations 731 9 ,937 -12,080 57 .3277 60.1939 63.2037 66 .3639 69.6909 Assist. Director of Public Works Utilities 731 9 ,937 -12,080 57.3277 60.1939 63.2037 66 .3639 69.6909 City Clerk 681 8,778 -10 ,670 50 .6411 53 .1732 55.8319 58 .6235 61 .5582 City Eng ineer 751 10,436 -12 ,687 60 .2097 63 .2202 66 .3812 69.7002 73 .1918 City Planner 731 9,937 -12,080 57 .3277 60 .1939 63 .2037 66 .3639 69 .6909 Community Services Manager 681 8 ,778 -10 ,670 50 .6411 53 .1732 55 .8319 58.6235 61 .5582 Construction Project Manager 681 8 ,778 -10,670 50 .6411 53 .1732 55 .8319 58 .6235 61 .5582 1 Deputy Fire Chief 751 10 ,436 -12 ,687 60.2097 63 .2202 66 .3812 69.7002 73 .11918 F1inance Manager 681 8 ,778 -10 ,670 50 .. 6411 53 .1732 55 .8319 58.6235 61 .5582 F1ire Battalion Ch ief (not at-wil'l/2912 hrs/yr) 542 8,778 -10 ,670 36 .17.22 37.9809 39 .8799 41 .8739 43 .9701 lnfor!l'lation Technology Manager 681 8,778 -10,670 50.641'1 53.1732 55 .8319 58 .6235 61 .5582 Public Works Operations Manager 681 8,778 -1'0,670 50 .6411 53.1732 55.8319 58 .6235 61 .5582 Gmuo 28 .ExemDt Accountant (Effective 12110/19) 481 5 ,326 -6,475 30.7255 32 .2616 33 .8747 35.5684 37 .3547 Associate Civil Eng ineer 602 7,261 -8,826 41 .8893 43 .9837 46 .1827 48 .4920 50.9165 Associate Planner 521 5,902 -7,174 34 .0517 35 .7528 37 .5413 39.4178 41 .3896 Budget Administrator 631 7,744 -9,413 44.6789 46 .9109 49 .2574 51 .7195 54 .3067 Community Outreach Coordinator 53 1 6,050 -7,354 34 .9030 36 .16466 38.4798 40.4032 42 .4243 Customer Services Supervisor 571 6,678-8,1117 38 .5265 40 .. 4510 42.4745 44.5975 46 .8285 Economic !Development Admini;strator 6311 7,74 4 -9,413 44 .6789 46 .91109 49 .2574 sums 54 .3067 GIS Analyst 531 6 ,050 -7,354 34.9030 36 .6466 38 .4798 40.4032 42.4243 Information Technology Analyst 531 6 ,050 -7 ,354 34.9030 36 .6466 38 .4798 40.4032 42 .4243 Management Analyst 531 6 ,050 -7,354 34 .9030 36 .6466 38.4798 40.4032 42 .4243 Network & Computer Systems Adm inistrator 571 6 ,678 -8,117 38.5265 40 .4510 42.4745 44 .5975 46.8285 Senior Accountant 561 6,515 -7,919 37 .5868 39 .4644 41 .4385 43 .5098 45 .6863 Senior Civil Engineer 682 8,871 -10,782 51 .1773 53 .7360 56 .4230 59 .2440 62.2062 Senior Code Compliance Officer 501 5,6 18 -6,829 32.4109 34 .0300 35 .7324 37.5184 39.3952 Senior Fire Safety Inspector 541 6,201 -7,537 35 .7756 37 .5628 39 .4418 41 .4133 43 .4849 Senior Human !Resources Analyst 571 6,678-8 ,117 38 .52 ·65 40 .4510 42.4745 44.5975 46 .8285 Senior Management Anal,yst 571 6,678 -8 , 117 38 .52'65 40.4510 42.4745 44.5975 46 .8285 Senior Planner 581 6,845 -8 ,320 39.4897 41.4623 43.5364 45 .7124 47 .9992 Special Projects Engineer 571 6,678 - 8 , 117 38 .5.265 40.4510 42.4745 44 .5975 46 .8285 Water Treatment Plant Supervisor 601 7,19 1 -8,741 41.4888 43.5614 45.7404 48 .0266 50 .4292 Water Utilities Distribution Suoervisor 601 7,191 -8 ,741 41 .4888 43.5614 45 .7404 48 .0266 50.4292 Group 3 Non-ExemDt Assistant Engineer 531 6,050 -7,354 34.9030 36 .6466 38.4798 40.4032 42.4243 Assistant Planner 491 5 ,.481 -6,662 31 .6204 33 .2000 34 .8609 36 .6033 38.4343 Code Compliance Officer 461 5,090 -6 , 186 29 .3627 30 .8295 32 .3718 33 .9898 35 .6900 Construction Maintenance Supervisor 501 5,.618 -6 ,829 32.4109 34 .0300 35 .7324 37 .5184 39 .3952 Facilities Maintenance and Special Districts Superviisor 50 1 5,618 -6 ,8.29 32.4109 34 .0300 35 .7324 37.5 184 39 .3952 Fire Safety Inspector 461 5,090 -6 ,186 29 .3627 30 .8295 32 .3718 33 .9898 35 .6900 Fleet Maintenance Supervisor 521 5,902 -7,174 34 .0517 35 .7528 37 .5413 39.4178 41 .3896 Management Assistant 491 5,481 -6 ,662 31 .6204 33 .2000 34 .8609 36.6033 38.4343 1 Parks Maintenance Supervi sor 521 5,902 -7,174 34 .0517 35 .7528 37.5413 39.4178 41 .3896 RecreaUo n Supervisor 44 1 4 ,844 -5,888 27 .9478 29.3440 30 .8119 32 .3520 33 .9702 Senior Accounting Technician (Effective 12110/19) 460 5,054 -6,144 29 .1623 30.6206 32.1520 33 .7587 35 .4464 Senior Parks Maintenance Cfew leader 441 4 ,844 -5 ,888 27 .9478 29.3440 30 .8119 32 .3520 33 .9702 lJtmty Systems Supervisor 581 6,845 -8 ,.320 39.4897 41 .4623 43.5364 45 .7124 47 .9992 Wastewater Utilities Supervisor 581 6,845 -8,320 39 .4897 41.4623 43 .. 5364 45 .7124 47.9992 GrouD 4 Non-Exempt Accounting Technician II 333 3,721 -4,523 21 .4659 22 .5393 23 .6662 24.8498 26.0919 Administrative Assistant Ill 330 3 ,692 -4,488 21 .3002 22 .3643 23 .4831 24 .6570 25.8903 Executive Assistant to the City Manager 451 4,965 -6,035 28.6465 30 ,0776 31 .5822 33 .1608 34 .8195 Human Resources Technician I 412 4,498 -5,468 25.9523 27.2488 28.6 119 30.0420 31 .5448 Human Resources Technician II 451 4,965 -6,035 28.6465 30.0776 31 .5822 33 .1608 34 .8195 Senior Accounting Technician 37 1 4 ,075 • 4,954 23.5115 24 .6860 25.9210 27 .2166 28 .5780 Senior Adm inistrative Assistant 37 1 4,075 -4 954 23 .5115 24 .6860 25 .92 10 27 .2166 28.5780 December 3, 2019, Item #2.1 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT December 3, 2019 Honorable Mayor and Members of the City Council Alan Fenstermacher, City Attorney Alan Fenstermacher, City Attorney afenstermacher@poway.org First Reading of Ordinance Amending Chapter 2.18 (City Council Meetings) As part of the City's progressive updates to outdated portions of its Municipal Code ("PMC"), the proposed Ordinance would revise Chapter 2.18 regarding public meetings to reorganize meeting agendas, consistent with current practice, and ensure that this Chapter is otherwise consistent with state law, including the Ralph M. Brown Act ("Brown Act") (Government Code § 54950 et. seq.), which governs the City Council and other Council-appointed committee meetings. Recommended Action: It is recommended that the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for December 17, 2019. Discussion: The proposed Ordinance is a "clean up" revision that would revise provisions of Chapter 2.18 that are slightly inconsistent with the City's current practices, as well as provisions that conflict with or are duplicative of state law, including the Brown Act. In sum, adoption of the Ordinance would result in the following changes: • Rename Chapter 2. 18 to "Meetings," as it applies to meetings of Council-appointed committees, as well as City Council meetings; • Amend notice requirements (2.18.070) and delete a section concerning special meetings (2.18.050(A)) to be consistent with the Brown Act; • Amend the order of agenda items to more accurately reflect current City practice; • Remove provisions counting silence or abstentions as affirmative votes (2.18.100); • Allow the public hearing to be closed by the Mayor rather than a City Council vote, which is unnecessary (2.18.120); • Require speaker slips to be turned in prior to an item being heard and incorporate the Mayor's ability to reduce the time limit when there is a large volume of speakers on an item (2.18.170(A)(3)(a)-(b)); 1 of 8 •Add more detailed and enforceable rules regarding decorum at public meetings, directly based on federal case law interpretation, such rules in the context of the First Amendment. As currently written, the City's regulations may be facially invalid as overly broad (2.18.180). (See, e.g., White v. CityofNorwalk(9th Cir. 1990) 900 F. 2d 1421) Environmental Review: The adoption of the proposed Ordinance is not a "project" that is subject to CEQA review because it has no potential for resulting in physical change to the environment, directly or indirectly. Fiscal Impact: None. Public Notification: None. Attachments: A.Ordinance Amending Chapter 2.18 (City Council Meetings) Reviewed/Approved By: Wen aserman Assistant City Manager 2 of 8 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager December 3, 2019, Item #2.1 December 3, 2019, Item #2.13 of 8 ATTACHMENT A ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTER 2.18 OF THE POWAY MUNICIPAL CODE RELATING TO CITY COUNCIL MEETINGS WHEREAS, City staff and the City Attorney's Office have been progressively analyzing the Poway Municipal Code ("PMC") and recommending updates where appropriate; WHEREAS, revision of the procedures governing City Council meetings and public committee meetings is required in order to provide for the efficient transaction of public business compatible with full public participation, and in compliance with the Brown Act; and WHEREAS, the City's current regulations regarding decorum may be impermissibly vague, such that they are in conflict with state law and the First Amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: The City Council hereby approves this ordinance and amends certain sections of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 3: Section 2.18.050 of Chapter 2.18 of the PMC is hereby deleted in its entirety: SECTION 4: Section 2.18.070(A) and (8) of Chapter 2.18 of the PMC is hereby amended as follows: 2.18.0-7-60 Agenda -Order of Business A. All reports, communications, ordinances, contract documents or other matters, including basic fact and matters pertinent thereto, which have been submitted for the agenda, should be distributed to the City Council no later than 5:00 p.m. of the Thursday before any Tuesday meeting or three business days 72 hours prior to any regular Council meeting and 24 hours prior to any special Council meeting, whichever is shorter. Upon distribution to the Council, the agenda materials shall become public records available to the public. The agenda shall be posted in accordance with Government Section 54954.2(a). B. The business of the Council shall be taken up for consideration and disposition in the following order: 1 . Call to order; 2. Roll call; 3. Pledge of Allegiance; 4. Moment of silence; December 3, 2019, Item #2.14 of 8 City Councilmember announcements; 5. Proclamations and awards Presentations; 6. Public oral communications comment; 7. Consent ftems Calendar/Waiver of Ordinance Text Reading; 8. Ordinances for Introduction; 9. Ordinances for Adoption; Continued public hearings and ordinance readings; New public hearings and ordinance readings; 10. Public Hearings; 11. Staff reports; 12. Council initiated items; 13. Council Committee reports (AB 1234) and Announcements; 14. City Manager items; 15. City Attorney items, including any public report of any action taken in closed session; Mayor and Council initiated items; 16. Adjournment. SECTION 5: Section 2.18.080(0) and (E) of Chapter 2.18 of the PMC is hereby amended to read as follows: D. The public hearing shall be closed by a majority vote of the City Council the Mayor or presiding officer. E. After the public hearing is closed, the City Council and staff may discuss the matter, but no new information may be introduced unless the public hearing is reopened. A public hearing upon which the Council has acted by majority vote may only be reopened by the Mayor or presiding officer, upon the motion of a member of the City Council, and only if all persons who spoke during the hearing are still present. SECTION 6: Section 2.18.090 of Chapter 2.18 of the PMC is hereby amended to read as follows: B. The documents and ,aids and recordings are not public records and may be destroyed immediately after the minutes of the City Council meeting are approved. December 3, 2019, Item #2.15 of 8 SECTION 7: Section 2.18.100 of Chapter 2.18 of the PMC is hereby amended to read as follows: A Voting may be conducted by the use of the voting light systems installed in the Council Chambers. A red light designates a "no" or "negative" vote. A green light designates a "yes" or "affirmative" vote. A white light designates an "abstain" or "abstention." When a member of the Council votes to "abstain," such member shall audibly state the reason for abstaining. B. When the Council is voting by voice vote, an affirmative vote shall be registered by the oral statement of "yes" or "aye" by the Councilmember voting. Silence shall be recorded as an affirmative vote. A negative vote shall be registered by the oral statement "no" or "nay" by the Councilmember voting. C. Ordinances shall be voted upon by roll call vote as announced by the City Clerk. All ordinances, resolutions and other matters submitted to the Council shall be passed or defeated by a majority vote of the Council unless a greater number of votes may be required by law. The word "majority" means three votes. In instances where a majority vote cannot be obtained and there have been no abstentions on the item and no additional action is taken, such matter shall automatically be added to the next agenda of the Council. D. An abstention (as opposed to a disqualification) shall constitute an affirmative vote, so long as there is at least one additional affirmative vote other than an abstention, e~mept and unless the abstention results from absence at a time that the item was previously discussed. SECTION 8: Section 2.18.120 of Chapter 2.18 of the PMC is hereby amended to add subsection (8)(8) to read as follows: 8. Declare the closing of a public hearing. SECTION 9: 2.18.170(A)(3)(a)-(b) of Chapter 2.18 of the PMC is hereby amended to read as follows: 3. Oral CommunicationsPublic Comment. a. Any person may address the Council by oral communicationspublic comment with regard to any City related matter which such person is concerned and is then the subject of Council discussion. Preference shall be given to those persons who have first notified the City in 'Nriting of their desire to speak. All speakers shall give written notice to the City Clerk in a form of a speaker slip approved by the City Council in order that the same may appear on the minutes of the Council meeting. All speaker slips shall be turned in before the item is heard. b. Each person addressing the Council shall speak into the microphone at the speaker's podium when the same are in use, shall state his or her name and address in an audible tone of voice for the record, and unless further time is granted by the Mayor, shall limit the address to three minutes, unless this three minute time limit is reduced by the Mayor due to a large number of speakers. All remarks shall be addressed to the Council as a body, and not to any member thereof. No person other than the Council and the person having the floor shall be December 3, 2019, Item #2.16 of 8 permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Mayor. No person shall address or question a Councilmember, the City Attorney, the City Manager or other official without the prior consent of the Mayor. SECTION 10: Section 2.18.180 of Chapter 2.18 of the PMC is hereby amended to read as follows: 2.18.180 Rules of decorum -Enforcement. A. While the Council is in session, all persons shall preserve the order and decorum of the session. The standards of order and decorum shall be governed by common sense. Meetings of the City Council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is retained at all times. The presiding officer of the Council, who shall be the Mayor, Deputy Mayor or, in their absence, other member so designated by the Council, shall be responsible for maintaining the order and decorum of meetings. B. All persons. must conduct themselves in a manner consistent with good taste and generally accepted standards of appropriate behavior. Each person who addresses the Council shall not make personal, impertinent, slanderous or profane remarks to any member of the Council, staff or general public. Any person who makes such remarks, or who utters loud, threatening, personal or abusive language, or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any Council meeting shall, at the discretion of the presiding officer or a majority of the Council, be barred from further audience before the Council during that meeting. C. Any person i.iiJho does not comport with the aboi,e rules and who disrupts the orderly course of the meeting is guilty of an infraction and may be called out of order by the Mayor, removed from the podium, or, if necessary to maintain order, barred from further audience before that session of the Council. No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet, repeatedly clapping, or other acts which disturb, disrupt or otherwise impede the orderly conduct of any Council meeting. Any person who conducts himself in the aforementioned manner shall, at the discretion of the presiding officer or a majority of the Council, be barred from further audience before the Council during that meeting. D. The rules of decorum set forth above shall be enforced in the following manner: 1. Warning. The presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him to leave the Council meeting. If such person does not remove himself, the presiding officer may order any law enforcement officer who is on duty at the meeting as sergeant-at-arms of the Council to remove that person from the Council chambers. 2. Removal. Any law enforcement officer who is serving as sergeant-at-arms of the Council shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the December 3, 2019, Item #2.17 of 8 presiding officer, it shall be the duty of the sergeant-at-arms to remove from the Council meeting any person who is disturbing the proceedings of the Council. 3. Resisting Removal. Any person who resists removal by the sergeant-at-arms shall be charged with a violation of this Section. 4. Penalty. Any person who violates any provision of this Section shall be guilty of a misdemeanor. 5. Motion to Enforce. If the presiding officer of the Council fails to enforce the rules set forth above, any member of the Council may move to require him or her to do so, and an affirmative vote of a majority of the Council shall require him or her to do so. If the presiding officer of the Council fails to carry out the will of a majority of the Council, the majority may designate another member of the Council to act as presiding officer for the limited purpose of enforcing any rule of this section which it wishes to enforce. 6. Adjournment. If a meeting of the Council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be adjourned or continued by the presiding officer or a majority of the Council, and any remaining Council business may be considered at the next meeting. SECTION 11: The title of Chapter 2.18 is hereby amended from "City Council Meetings" to "Meetings." SECTION 12: Sections 2.18.060 through 2.18.190 of Chapter 2.18 are hereby renumbered to 2.18.050 through 2.18.180. SECTION 13: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be give effect without the invalid provisions or application and to this end the provisions of this act are severable. SECTION 14: 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. I I I I December 3, 2019, Item #2.18 of 8 INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 3rd day of December, 2019, and thereafter. PASSED AND ADOPTED at a Regular Meeting of said City Council held the 17th day of December, 2019, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk December 3, 2019, Item #3.11 of 17 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT December 3, 2019 Honorable Mayor and Members of the City Council Alan Fenstermacher, City Attorney Alan Fenstermacher, City Attorney afenstermacher@poway.org First Reading of Ordinance Deleting Chapter 13.20 (Airports) of the Poway Municipal Code and Amending Chapters 2.24 (Municipal Elections), 2.28 (Campaign Contributions and Expenditures), and 17.40 (Comprehensive Sign Regulations) As part of the City's progressive updates to outdated portions of its Municipal Code ("PMC"), the proposed Ordinance would eliminate unnecessary provisions regulating airports, revise campaign contribution and expenditure provisions to be consistent with state law (for the benefit of all potential candidates and to limit unnecessary burdens on the City Clerk's Office), and revise regulations regarding temporary political signs in response to a number of issues that presented themselves during the City's November 2018 election. The only revision to Chapter 2.24 (Municipal Elections) corrects an incorrect reference to state law. Recommended Action: It is recommended that the City Council take public input; close the public hearing, introduce the Ordinance for first reading by title only, waive further reading and schedule adoption of the Ordinance for December 17, 2019. Discussion: Chapter 13.20 (Airports) When the City was incorporated, a number of provisions were adopted from then-existing County of San Diego Code of Ordinances even if those provisions did not apply in the City, including Chapter 13.20 of the PMC, which sets forth extensive regulations solely applicable to airports in the City. However, the City does not have airports, nor would any airport be permitted in any existing zoning designation. Therefore, this Chapter serves no purpose, and should be rescinded in its entirety. Chapter 2.28 (Campaign Contributions and Expenditures) The overarching goal of staff's recommended amendments to Chapter 2.28 is to keep any unique provisions important to the City, but eliminate unnecessary conflicting, confusing and duplicative regulations when reliance on state law-and specifically, the Political Reform Act ("Act") -serves the same purpose. Moreover, eliminating these unnecessary regulations significantly reduces December 3, 2019, Item #3.1 the burden on the City Clerk to require and process duplicative paperwork, and generally shifts enforcement obligations to the state arm created by the Act for that specific purpose -the Fair Political Practices Commission ("FPPC"). The FPPC both has the resources and the expertise to fulfill this function that the City does not. Finally, City candidates (particularly first time candidates) are often confused by the conflicting requirements contained in the PMC and state law, and they must comply with both -these amendments reduce the probability that a candidate would unintentionally violate applicable campaign finance regulations. Contribution Limits The City's campaign contribution limits have not been increased in nearly 30 years -since 1981, when Chapter 2.28 was adopted -while costs associated with running a City Council campaign have obviously risen since that time. Adjusting the original $100 contribution limit from 1981 to 2018 using the annual change in the Consumer Price Index for All Urban Consumers -All Items San Diego-Carlsbad results in an inflation adjusted contribution limit of approximately $325. City staff recommends a modest increase from $100 to $250. State law does not impose contribution limits. Reporting Requirements As currently written, the PMC requires a candidate to report contributions and expenditures at a much lower cumulative threshold ($200) than state law, pursuant to the Political Reform Act ($2,000). The City's existing outdated, unique reporting threshold is also nearly thirty years old, and creates a deluge of additional paperwork for both the candidates and the City Clerk's office. It is not typical for a City to create reporting requirements in addition to those already required by state law and monitored by the Fair Political Practices Commission ("FPPC"). Additionally, the PMC contains duplicative requirements regarding the content of campaign statements and requirements for independent expenditures, which are nearly identical to and already adequately covered by state law. The Ordinance would amend section 2.28.060 and delete sections 2.28.040 and 2.28.070 in order to eliminate the duplicative and inconsistent reporting requirements. Campaign and Officeholder Accounts As currently written, the PMC requires that the City Clerk be granted access to all campaign accounts, and that such accounts are very quickly emptied following the election, often sooner than practicably possible. The PMC also prohibits officeholder accounts, which are used to reimburse elected officials for expenses incurred in the course of their official duties, unlike campaign accounts that are used for campaign expenses. Additionally, the PMC also restricts campaign expenditures to be made by check only. Since its adoption in 1981, check transactions have become antiquated, are no longer as common and create various nuisances for candidates when attempting to transact against their account, as most vendors now only utilize many other forms of electronic payment. The Ordinance would delete sections 2.28.050 and 2.28.140 to no longer require the Clerk to be given access to campaign accounts (which, as a practical matter, the Clerk has never been given), eliminate the unique and burdensome rules regarding emptying campaign accounts, allow the use of other payment methods for expenditures and allow officeholder accounts. 2 of 17 December 3, 2019, Item #3.1 Enforcement Chapter 2.28 currently requires any allegation of a violation thereof be investigated by special counsel appointed by the City, which in 2018, resulted in thousands of dollars of costs only for special counsel to conclude each and every time that no violations occurred. Due to the fact that the proposed amendments would eliminate a number of requirements unique to the City and instead allow us to rely on state law, the Ordinance would result in an increased reliance on investigations by the FPPC, at no cost to the City. The Ordinance would delete section 2.28.110 and amend section 2.28.130 to allow the City Attorney to investigate and prosecute any violations of Chapter 2.28 not covered by state law (which, in essence, would be limited to the campaign contribution limits), consistent with a violation of any other portion of the PMC. Finally, the Ordinance would amend PMC section 2.28.100 to insert language directly from state law to require mandatory fines of ten dollars ($10) per day for any late filing of a campaign statement until the statement is filed, as set forth in California Government Code section 91013. Temporary Signs As currently written, PMC section 17.40.090(0) allows "temporary signs for elections and other noncommercial messages" on private property, but prohibits those signs on all public property, including within the public right-of-way. However, during the November 2018 election, City of Poway Code Compliance staff discovered that individuals had difficulty identifying precisely where the public right-of-way ends in residential zones, as many single-family homes have front yards that technically are within the public right-of-way, but appear to be no different from the remainder of the front yards. Accordingly, consistent with the intent of this section -i.e., to allow a sign on an individual's private property -the Ordinance would revise the PMC to allow such signs on privately maintained improvements in single family residential zones that are located in the public right-of-way. Additionally, the Ordinance proposes amendments that would (i) require permission from private property owners to place such signs on their property, and (ii) allow the City to hold signs found to be in violation of the PMC as a repeat violation for a period of fifteen (15) days before returning those signs. Next Steps Every election year, the City Clerk's Office in conjunction with the City Attorney and City Manager's Office holds a Candidate Forum in which all prospective candidates, their treasurers and campaign managers are invited to attend to learn about the applicable laws that govern our election. If this Ordinance is approved, the 2020 Candidate Forum will be modified to reflect these amendments. Environmental Review: The adoption of the proposed Ordinance is not a "project" that is subject to CEQA review because it has no potential for resulting in physical change to the environment, directly or indirectly. Fiscal Impact: The Ordinance would likely result in net savings for the City, as City will save costs associated 3 of 17 with enforcement of City-specific campaign finance reporting requirements. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, November 21, 2019. An Ordinance Summary will be published in the same publication on Thursday, December 26, 2019. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933. Attachments: A.Ordinance Deleting PMC Chapter 13.20 (Airports) and Amending Chapters 2.24 (Municipal Elections), 2.28 (Campaign Contributions and Expenditures), and 17.40 (Comprehensive Sign Regulations) 8.Redline document showing proposed changes to PMC Chapter 2.28 Reviewed/Approved By: Wen Kaserman Assistant City Manager 4 of 17 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch� City Manager December 3, 2019, Item #3.1 December 3, 2019, Item #3.15 of 17 ATTACHMENT A ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, RESCINDING CHAPTER 13.20 (AIRPORTS) AND AMENDING CHAPTERS 2.24 (MUNICIPAL ELECTIONS), 2.28 (CAMPAIGN CONTRIBUTION AND EXPENDITURES) AND 17.40 (COMPREHENSIVE SIGN REGULATIONS) OF THE POWAY MUNICIPAL CODE WHEREAS, City staff and the City Attorney's Office have been progressively analyzing the Poway Municipal Code ("PMC") and recommending updates where appropriate; WHEREAS, this Ordinance proposes to update and amended four chapters of the PMC; WHEREAS, Chapter 13.20 of the PMC sets forth extensive regulations solely applicable to airports in the City, but the City does not have airports, nor would any airport be permitted in any existing zoning designation, and therefore, this Chapter serves no purpose; WHEREAS, section 2.24.010 of Chapter 2.24 (Municipal Elections) references the incorrect California Government Code section; WHEREAS, Chapter 2.28 of the PMC contains a number of regulations relating to reporting requirements for campaign contributions and expenditures that unnecessarily conflict with state law, including the Political Reform Act, and serve only to confuse candidates and create extra, unnecessary work for the City Clerk's office; WHEREAS, except with respect to campaign contribution limits, the City desires to rely on state law wherever possible, including relying on the expert state agency, the Fair Political Practices Commission ("FPPC"), to investigate and prosecute potential violations of law relating to campaign finance, as the FPPC has the appropriate resources and expertise to do so; WHEREAS, the City's campaign contribution limits have not been increased since 1981, while costs have risen, and the City believes a modest increase from $100 to $250 is appropriate; WHEREAS, in addition to being described herein, all the changes proposed to Chapter 2.28 of the PMC are clearly shown in redline format in Attachment B to the Agenda Report accompanying this Ordinance; and WHEREAS, during the 2018 election, City staff encountered practical problems enforcing its regulations concerning temporary political signs, and accordingly, has recommended revisions to section 17.40.090(0) of Chapter 17.40 (Comprehensive Sign Regulations). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: The City Council hereby approves this Ordinance and amends Chapter 9.54 of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. December 3, 2019, Item #3.16 of 17 Ordinance No. *** Page 2 SECTION 3: Chapter 13.20 of the Poway Municipal Code (Airports) is hereby deleted in its entirety. SECTION 4: Section 2.24.010 of Chapter 2.24 (Municipal Elections) is hereby amended as follows: 2.24.010 Date of elections Pursuant to Section 36503-;-§ of the State Government Code, the general election for the City shall be held on the same day as the day of the statewide general election SECTION 5: Sections 2.28.020 and 2.28.030 of Chapter 2.28 (Campaign Contributions and Expenditures) is hereby amended to delete all references to the dollar amount of $100.00 (a total of 7), and replace each such reference with the dollar amount of $250.00. SECTION 6: Sections 2.28.040, 2.28.050, 2.28.060, 2.28.110, and 2.28.140 of Chapter 2.28 (Campaign Contributions and Expenditures) are hereby deleted in their entirety. SECTION 7: Sections 2.28.060, 2.28.080, 2.28.090, 2.28.100, 2.28.120, 2.28.130, and 2.28.150 of Chapter 2.28 (Campaign Contributions and Expenditures) are hereby renumbered to Sections 2.28.040 through 2.28.100. SECTION 8: Section 2.28.060 of Chapter 2.28 (Campaign Contributions and Expenditures) is hereby amended as follows: 2.28.0640 Statements generally. A. Required. Subject to Government Code Section 81009.5, each candidate and each committee, including all independent committees, shall file as a public record with the City Clerk campaign statements showing the amounts of contributions received and expenditures made with respect to such election at the time required by the Political Reform Act of 1974, as amended. The statements are to be completed on campaign statement forms required to be filed by State law. Such statements shall contain a declaration by the candidate or committee chairperson that the candidate or committee has neither accepted nor solicited any campaign contribution in ex:cess of the limitations of or in contravention of PMC 2.28.030. All such statements filed by independent committees shall, in addition to all other requirements, identify each candidate or measure for or against whom each reported ex:penditure •.vas made. Statements filed by independent committees shall be required to report only those ex:penditures in connection with communications that ex:pressly advocate the election or defeat of a clearly identified candidate or ballot measure. B. Contributions. Each campaign statement shall shm,, the total cumulative amount of contributions received during the period covered by the statement from persons who have given $25.00 or less and the total cumulative amount of contributions recei,,ed during the period covered by the statement from persons who have gi,,en a total of more than $25.00. Each person 'Nho has contributed more than $25.00 shall be listed by name, address, occupation, employer and amount contributed. The total amount recei>Jed from anonymous sources and for persons who have not consented to publication shall be listed. In the event that any portion of the contributions was received in connection with a fundraiser event, then the statement shall list the gross receipts, the date and location of each event. December 3, 2019, Item #3.17 of 17 Ordinance No. *** Page 3 C. Expenditures Generally. Each campaign statement shall sho'N the total amount of expenditures made during the period covered by the statement to persons who have received $25.00. Each person 'Nho has received a total of more than $25.00 shall be listed by name and address, together with a brief description of the purpose of the expenditures. Any expenditure made on behalf of another person, whether as agent or intermediary or otherwise, shall be reported as such, including the true name of the individual on \\<hose behalf the expenditure ,,vas made. D. Exemption. Nothing in this section shall impose upon any committee which participates in elections in jurisdictions in addition to the City any filing requirements additional to or different from those set forth in Chapter 4 of the Political Reform Act of 1974, so long as Go>.<ernment Code Section 81 00Q.5(b) prohibits the imposition of such different or additional requirements on such committees. SECTION 9: Section 2.28.100 of Chapter 2.28 (Campaign Contributions and Expenditures) is hereby amended as follows: 2.28.4-0070 Late filing of campaign statement. A. If any person files a campaign statement after any deadline imposed by this chapter, he or she shall, in addition to any other penalties or remedies established in this chapter, be liable to the City Clerk in amounts as set forth by State guidelines in the amount of ten dollars ($10) per day after the deadline until the statement is filed, as set forth in California Government Code section 91013, as may be amended from time to time. B. The City Clerk shall deposit any funds received under this section into the general fund of the City to defray the cost of municipal elections. SECTION 10: Section 2.28.130 is hereby amended as set forth below: 2.28.-1-3090 Civil liability and penalties. A. Any person who violates any provision of this chapter shall be liable in a civil action brought by the special counselCity for an amount up to $1,000. In addition thereto, such person shall be liable for the reasonable attorney's fees and costs incurred by the special counselCity in any civil proceeding filed to enforce the provisions hereof. B. Enforcement of this chapter through civil action may be filed as an alternative to criminal enforcement pursuant to PMC 2.28.120. Civil enforcement shall not require that the violation be knowing or willful. All discovery provisions of State law shall be available to the special counselCity in the civil enforcement of this chapter. Special counsel The City shall have the power to subpoena documents and other materials as may be necessary to conduct the investigation. No civil action alleging a violation of this chapter shall be filed against a person pursuant to this section if the special counsel City is maintaining a criminal action against that person pursuant to PMC 2.28.120. C. Each violation of this chapter shall be a separate offense subject to the civil penalty provided in subsection A of this section. D. The special counselCity's counsel is authorized to settle any civil enforcement hereof prior or subsequent to the filing of a civil action by the imposition of a civil penalty in an amount which does not exceed the potential civil liability, including attorney's fees, set forth in subsection A of this section. Upon payment in full of such civil penalty, the special December 3, 2019, Item #3.18 of 17 Ordinance No. *** Page 4 counselCity shall agree to forbear from filing civil or criminal action or, if action has already been filed, shall agree to dismiss such action. The imposition of all civil penalties shall be made a matter of public record. SECTION 11: Section 17.40.090 of Chapter 17.40 (Comprehensive Sign Regulations) is hereby amended to read as follows: D. Temporary signs for elections and other noncommercial messages are not permitted within the public right-of-way (except as otherwise provided in this chapter), on public property, or upon any public building or other publicly owned facility, including fences/walls, utilities and landscaping. Notwithstanding the foregoing. such signs are permitted within privately maintained improvements that are located within the public right- of-way. Such signs are permitted on private property subject to the following: 1. Such signs shall not exceed six square feet in total area for one side; double- faced signs shall not exceed six square feet per side. 2. Such signs shall not exceed an overall height of four feet. The height shall be measured from the finished grade immediately around the sign. 3. No such signs shall be lighted either directly or indirectly unless said sign is erected, painted or constructed on an authorized structure already providing illumination. 4. The number of such signs is not limited. 5. Such signs may carry any noncommercial message, including, but not limited to, political messages. 6. Such signs shall not be placed on private property without the permission of the property owner or its authorized representative. sz. No such signs shall be posted in violation of any provision of this chapter. The Director of Development Services or a designated representative shall have the right to remove any sign placed in the right of way or on public property, contrary to any provision of this section. Removed signs shall be stored by the City. Notice of removal shall be promptly provided as soon as reasonably possible to the owner of such sign, or the apparent owner or candidate, within one working day of removal 'Nhenever possible. If it is the first violation. Ssuch person shall have the right to recover the sign forthwith, without charge. However. for any subsequent violations. the City shall temporarily hold any such signs for fifteen (15) calendar days before they are returned. All signs removed by the City may be destroyed 30 calendar days following removal. SECTION 12: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. December 3, 2019, Item #3.19 of 17 Ordinance No. *** Page 5 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 3rd day of December 2019, and thereafter. PASSED AND ADOPTED at a Regular Meeting of said City Council held the 17th day of December, 2019 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk December 3, 2019, Item #3.110 of 17 Sections: 2.28.010 2.28.020 2.28.030 2.28.040 2.28.050 2.28.060 2.28.070 2.28.080 2.28.090 2.28.100 2.28.110 2.28.120 2.28.130 2.28.140 2.28.150 Chapter 2.28 CAMPAIGN CONTRIBUTIONS AND EXPENDITURES Intent and purpose. Definitions. Limitations. Identification of expenditures by independent committees. Election campaign ac~ounts. Statements generally. Reporting threshold amount. Media exemptions. Suppliers of goods and services -Disclosure of records required. Late filing of campaign statement. Enforcement. Violation -Penalty. Civil liability and penalties. Officeholder accounts prohibited. Application of Government Code Section 83116.5. 2.28.010 Intent and purpose. It is the intent of the City Council in enacting the ordinance codified in this chapter to place realistic and enforceable limits on the amount individuals may contribute to political campaigns in municipal elections, as well as to supplement the requirements of State law with regard to the making and reporting of campaign contributions and expenditures, for the purpose of preventing the exercise by campaign contributors of potential undue or improper influence over elected officials and to inform the public of the sources and objects of campaign contributions and expenditures. The City Council finds that municipal elections are municipal affairs and that the regulation of campaign expenditures and contributions in municipal elections is not preempted by general State law and is the proper subject of municipal regulation under authority granted to cities by Article XI, Section 7 of the California Constitution and Government Code Section 81013. The contribution limitations of this chapter shall not apply to ballot measure elections or to that portion of a recall election in which the electorate determines whether or not to recall an officeholder, but shall apply to all candidate elections, including the candidate election portion of a consolidated recall election. It is the intent of the City Council that this chapter be interpreted in a manner consistent with Constitutional requirements. Should any provision of this chapter be determined to be invalid for any reason, the remainder shall be severed therefrom and shall remain in full force and effect. 2.28.020 Definitions. For the purposes of this chapter, the words and phrases used herein shall have the meanings respectively ascribed to them by the Political Reform Act of 197 4, as amended, Government Code Sections 82000 et seq., except as follows: The Poway Municipal Code is current through Ordinance 830, passed August 20, 2019. December 3, 2019, Item #3.111 of 17 A. "Charitab le organization" shall mean any bona fide charitable, educational, civic, religious, or s.imilar tax exempt nonprofit organization. B. "Committee" shall have the meaning set forth in Government Code Section 820 l 3 as amended from time to time, except that all do ll ar limits set forth therein s hall be "$-100250 .00 or more." C. "Contribution" shall have the meaning set forth in Government Code Section 82015, as amended from time to time, except that the exclusion set forth therein for costs of a meeting or fund-raising event in the home or office of the occupant shall be limited to costs of "$-100250 .00 or less." D. "Election" means any City general, special, initiative, referendum or recall election. E. "Entity" means any corporation, company, association, or other organization other than an individual or a political party. F. "Independent committee" means any committee which receives contributions or makes expenditures for the purpose of influencing or attempting to influence a City election which is neither controlled by a candidate nor coordinates its expenditures with the expenditures of a candidate or a committee controlled by a candidate. G. "Individual" means a sole human being. H. "Political party" means any organization qualified to participate in any primary election in the State of California as set forth in California Elections Code Section 5100, or such law as may replace Section 5100. 2.28.030 Limitations. A . Contributions Generally. 1. Except as expressly provided in this section, no individual or political party (including any controlled committee or independent committee) shall make, nor shall any person solicit or accept, any contribution in aid of and/or in opposition to the nomination or election of a candidate which will cause the total amount contributed to (a) the candidate and any controlled committee of such candidate, or to (b) any inde pendent committee, by such person in a single election to exceed $-100250 .00. 2. The prohibition of subsection (A)(l) of this section shall not apply to any independent committee which receives contributions to be expended in the e lections of more than one city. 3. The $-100250 .00 limitation of s ubsection (A)( 1) of th is section is not a limitation upon expenditures and s hall not limit the expenditures by any candidate or any committee. 4. Spouses are two separate indi viduals for purposes of the contribution limitation of subsection (A)(l) of this section. The Poway Municipal C ode i s current through Ordinance 830, passed Augu st 20,2019. December 3, 2019, Item #3.112 of 17 5. a . Joint funding of campaign expenditures by two or more committees shall not be deemed a contribution by any such committee to any candidate; provided , that each such committee contributes equal amounts to each such expenditure. b. Any such joint expenditure shall cause any theretofore independent committee participating therein to be deemed a controlled committee of any and all candidates for whose benefit s u ch joint expenditure is made. c. Any independent committee which becomes a controlled committee by reason of subsection (A)(5)(b) of this section shall be deemed a controlled committee for purposes of the $:l-00250 .00 limitation on contributions to the committee, effective retroactive to the date upon which the first contribution to such committee was rece ived by such committee. 6. The $-1-00250 .00 limitation of subsection (A)(I) of this section shall not apply to a candidate in aid of himself or herself, or to any committee which makes expenditures solely for the purpose of advocating the adoption or defeat of a ballot measure or to any committee advocating or opposing the recall of an officeholder. Said limitation shall apply to the candidate election portion of a recall. 7. Subject to subsections (A)(S)(b) and (c) of this section, the $+00250.00 limitation of subsection (A)(l) of this section shall not apply to any independent committee composed so lely of: a. One individual; or b. One other person organized principally for a purpose other than participating in or influencing an election or elections . 8. No person shall make a contribution anonymously or under an assumed n ame. No person shall make a contribution on behalf of another person, whether as agent, intermediary, or otherwise. 9. Contributions are not permitted to be retained by a candi date or any committee when received from anonymous sources or from persons who do not consent to having their name made known. Any such contributions shall be refunded to the donor (if known) or (if unknown) shall be turned over to the City Clerk and deposited to the C ity's treasury, in any event within 72 hours of receipt. I 0. No committee shall make any expenditures to influence or attempt to influence the voters in a City election if such committee has not complied with the contribution limitations imposed by t his chapter upon s uch committees ' receipt of funds. B. Prohibited Activities. 1. No person or entity, other than an individual or political party, s hall make a contribution to any candidate or committee; provided, however, th at this section shall not appl y to contributions made to a committee which is organized solely for the purpose of supporting or opposing the qualification for the ballot or adoption of one or more City measures. The Poway Municipal Code is current through Ordinan ce 830, passed August 20, 2019. December 3, 2019, Item #3.113 of 17 2. No officer, employee, agent or attorney or other representative of a person covered by this subsection shall aid, abet, advise, or participate in a violation of this section. 3. No person shall knowingly accept a payment or contribution ma de in a violation of this section. 4. If a committee treasurer is offered a contribution whlch would be in excess of the limitation, the treasurer must refuse the contribution. If, however, a contribution is deposited into the campaign trust account which is in violation of this section, the treasurer shall report in writing within five days of le arning of the illegal nature of the contribution to the City Clerk the facts surrounding such contribution. Any such contribution so depos ite d shall be paid promptly, from available campaign funds, if any, to the City, and shall be deposited in the general fund of the City. 2.28.040 ldeetifieotioe of expeedihlFes by iedepeedeet committees. Independent committees 'Nrnch make expenditllI'es for or against a candidate shall indicate clearly on any material published, displayed or broadcast the name of the independent committee and the fact that the rnal:erial 1.vas paid for by an indepeedent committee, and the true name of any person on vi-hose behalf the m£penditllI'e is made if made as the agent or ifttermediary of another. Every independeet committee shall comply 'Nith all of the reporting requirements imposed Oft candidal:es and eomrnittees by th:i:s ch apter, including both the contributioes and the expenditllI'es made by such committee. 2.28.0§0 Eleetioe eempeige oeeouets. A. Election Campaign. Account. Each candidal:e 's campaign. treasurer and every committee, 'Nhether composed of the candidate alone, another single indiYidual, or otherw4se, that reeei,·es or expends more than $200.00, shall open a checking account at a State or Federally chartered bank or savings and loan association. The account shall be ideetified as the election campaigB account. The account number of each such account shall be provided to the City Clerk in ,vriting within 10 days of the opening of such accouet. Any committee thal: recei,·es or expeeds more than $200.00 shall file ·.vith the City Clerk a statement of organization in substantially the form reEJuired by State lav, not later than 10 days following the opening of the election eampaign aecount. B. Deposit of Contributions. All campaign. contributions accepted by a campaign treasllI'er or committee shall be deposited within five days of receipt into the eleetion campaign. account by the campaign treasurer, committee or authorized agent thereof. C. E>(peeditures. Campaign. e>£penditures made after a checking account is reEJuired to be opened shall be made only by checks dra·Nn against the election campaign. account by the campaign treasllI'er, committee, or authorirz:ed agent. 1. }Jo campaign treasurer, eommittee, or authori2:ed agent shall d:rav1 cheeks against the election campaign accolHlt by the campaign treasllI'er, committee, or authorirz:ed agent. 2. Funds in the eleetion campaign account shall not be considered for any purpose to be personal funds of a ca,ndidate, campaign treasurer, or a,ny other persoe. The fimds shall be held in trust. The Poway Municipal Code i s current through Ordinance 830, passed August 20, 2019. December 3, 2019, Item #3.114 of 17 3. For plHJ)oses of this seetion, an expenditure shall be deemed made by check drawn against the election campaign account if, (a) the maker of the expenditures is reimbursed by such cheek, and (b) the eKpeHditure is reported by the candidate or committee, both 1t'>r.ithin the time limits required fur reportiHg as pro11ided in PMC 2.28.060(A). D. Access to Records by City C lerk. The City Clerk shall have full access during business hours to the bank's or saviHgs and loan association's records concemiHg all election campaign accounts. E. Disbursements of UHexpended Campaiga Funds. If the final campaign statemeat fur a candidate or any committee discloses an unexpended surplus, the candidate or cofllffi:ittee shall befure the end of the post election reporting period, which is: June 30 fur elections held between January l and June 30, Deeember 31 for eleetions held between July 1 and December 3 1 disburse the whole of the surplus to a charitable organization; provided, howe•,'er, that the candidate or cofl'Hl-littee shall eot c laim the donation as a deduction from inoome for taK purposes. The caadidate or committee, or aHthori2ed agent thereof, shall file a campaign statement with the City Clerk befure the en:d of the post e lection reporting period, verifyiflg the closure and listing the donees of all disbursements aHthori2ed by this section and the dollar amounts given to each donee. If the deadline is not met, the ca:m:paign funds 1,vill become "surplus" at the end of the post election reporting period and may Hot be ~JSed to run for offioe. F. Retention of Records. The candidate, committee or authori2ed agent thereof shall retain all campaign records for a period of four years after the election. 2.28.0~60 Statements generally. A. Required. Subject to Government Code Section 81009 .5, each candidate and each committee, including all independent committees, shall file as a public record with the City C le rk campaign stateme nts showing the amounts of contributions received and expenditures made with respect to such e lection at the time re quired by the Political Reform Act of 1974, as amended. The- statemeets are to be completed on campaign statement forms required to be filed by State law. Such stateme.Hts shall coataiA a declaration by the caadidate or committee ohairpersoa that the candidate or committee has neither accepted nor solicited any ca:m:paign contribution in excess of the limitatioas of or in contra11eation of PMC 2.28.030. All such statements filed by independent committees shall, in addition to all other requiremeats, identify each candidate or measure for or against whom each reported e~(penditure VlaS made. Statements filed by independeat committees shall be required to report only those expenditures ia connection with cornmunicatioas that expressly ad:'locate the election or defeat of a clearly identified candidate or ballot measure. B. ContributioAs. Each campaign statement shall show the total Cl1mulati11e amount of contributions recei¥ed during the period co11ered by the statement from persons v.rho have givea $25.00 or less and the total cumulative amount of contributions recei¥ed during the period co11ered by the statemeet from persons 1Nho have givea a total of more than $25.00. Each person The Poway Muni cipal Code i s current through Ordinance 830, passed August 20, 20 19. December 3, 2019, Item #3.115 of 17 who has contributed more than $25.00 shall be listed by name, address, occupation, employer and amm.lfl:t contributed. The total amount recei¥ed from a:Bonymous sources and for persons ·.vho ha¥e not consented to pub I ication shall be listed. In the e't'ent that any portion of the contributions was reoeh,,ed in con-neotion 1tvith a fundraiser ev:ent, then the statement shall List the gross receipts, the date and location of each event. C. E~tpenditures Generally. Each campaig:B statement shall show the total amount of e>(penditures made during the period covered by the statement to persons who have received $25.00. Each person who has received a total of more thae $25.00 shall be listed by name and address, together with a brief desoription of the purpose of the expenditures .• Any e>cpenditure made on behalf of another person, whether as agent or intermediary or otherwise, saa.ll be reported as such, including the true name of the individual on whose behalf the expenditure was made: D. facemptioe.. Notb:ing in this section shall impose upon any committee which partioipates in elections in jurisdictions in addition to the City aey filing requirements additional to or different from those set forth in Chapter 4 of the Political Reform Act of 1974, so long as Go:r;emment Code Section 81009.5(b) prohibits the imposition of such different or additional req1:H:r~ments on such committees. 2.28.070 Reporting threshold amouet. l'~ caedidate or committee need not file a campaign sEatement if neither the cumulative receipts nor the cumulative e~cpenditures exceed $200.00. 2.28.0~80 Media exemption s. T h e provisions of this chapter s hall not apply to a ny publication or broadcast or to any news story, commentary or editorial distributed through the faci li ties of a broadcasting stat ion or bona fide newspaper, magazine or other periodical pu blication. A news story, commentary or e ditorial is not cons idered to be distributed through a bona fide newspaper, magazine, or other periodical publication if: A. S uc h pu blication is primarily for distribution to individuals affi li ated by membership or stock ownership w ith th e p erson (other than an individ ual) distributing it or caus ing it to be distri bu ted ; or B. Such publication is not primaril y for p urc hase by the public at newsstands or paid by subscription; or C. T h e n ews story, commentary or editorial is d istri b u ted by a person (other th an an individual) wh o devotes a substantia l p art of his activities to attempting to influence t he ou tcome of C ity elections, or to infl uence pu blic opinion with respect to matters of C ity policy or concern. 2.28.0~90 S upplie rs of goods and services -Disclos ure of re cords required. No per son who s u pplies goods or services, o r bot h goods and services, to a candidate or committee for use in connection with the campaign of the cand idate or for or against a measure shall refuse to divulge or disclose to the enforcemen t auth ority the record of any expenditures made by th e candidate or committee in p ayment for such goods or services, or both. The Poway Municipal Code is current through Ordinance 830, passed August 20, 20 19. December 3, 2019, Item #3.116 of 17 2.28.0710 0 Late filing of campaign statement. A. If any person files a campaign statement after any deadline imposed by this chapter, he or she shall, in addition to any other penalties or remedies estab lished in this c hapte r, be liable to the City C lerk in amounts as set forth by State guidelines in the amount often dollars ($10) per day after the deadline until the statement is filed. B. The City Clerk shall deposit any funds received under this section into the general fund of the City to defray the cost of municipal elections. 2.28.110 Enforeement. A. The City Attorney shall not investigate or prosecute any alleged violation of this chapter, but shal l defend the constitutionality and legality of this chapter ir-1 any ciYil proceedir-lg ir-1 which the City or the City Council is a party. 8. Re¥ie•N of complaints of violatioa of this chapter and criminal prosecution thereof shall be commenced only by special co'Wl:sel who shall be the District Attorney, the Attorney General, or such other qualified and independent special co'Wl:sel or combination of the foregoing as may be appointed by the City Attorney. Such special co'Wl:sel shall also commence and prosecute civil litigation to compel compliance vfith this chapter or to enjoin conduct in violation of this chapter. At least 90 days prior to a City election, a special counsel shall be appointed for that election. Should the appointment of additional special counsel become necessary or appropriate, the City Attorney shall appoint such additional special co'Wl:sel as may be req\:lired . No enforcement or prosecution or actioa of special counsel shall be subject to the review or control of the City Co\:!Boil or the City Attorney. C. l\ny person residing in the City who believes that a violation of this chapter has occWTed may file a written complaint req\:lesting investigation of such violation by the special cm.Jnsel. If the special counsel determines that there is reason to believe a violation of this chapter has occWTed , it shall conduct an investigation and may commence such administrative, civil or criminal legal action as it deems aecessary for the enforcement ofthis chapter. Special counsel shall decline to iavestigate any alleged violation hereof v,rhich is also an alleged violation of State law and is the subject of a complaint filed with the Fair Political Practices Commission, ue.til the investigation of that complaint is complete. D. The special counsel shall ha·1e such investigatiYe powers as are necessary for the performance of duties described in this chapter and may demand and be furnished records of campaign contributions and e>cpeaditures of any person or committee at any time. In the e,1ent that production of such records is refused, the special counsel may commeace ciYil litigation to complete such productioa. B. The special counsel shall be immune to liability for its enforcement of this chapter. F. Any action alleging violation of this chapter must be commeaced within two years of the time the alleged violation occurred. 2.28.0 8120 Vio lat ion -Pena lty. A. Any knowing or wilful violation of any provision of this chapter may be prosecuted, either as an infraction or as a misdemeanor, a t the discretion of the prosecutor. The maximum fine which may be imposed for each misdemeanor conviction shall be $1 ,000. The chairperson and treasurer The Poway Mun icipal Code is current through Ordinance 830, passed August 20, 2019. December 3, 2019, Item #3.117 of 17 of any committee shall be both criminally and civilly responsible for any violation of this chapter by the committee. In addition, the candidate shall be both criminally and civi ll y responsible for any violation of this chapter by the committee. In addition, the candidate shal l be both criminally and civilly responsibl e for any violation by a committee controlled by the candidate. B. If a candidate is convicted of a wilful violation of PMC 2.28.030, the election to office of such candidate shall be void and such office shall immediately become vacant. In s uch event the vacancy shall be filled in accordance with the procedures as set forth in the Government Code. 2.28.09-1-J0 Civil liability and penalties. A. Any person who violates any provision of this chapter shall be liable in a civil action brought by the special eoW1selCity for an amount up to $1 ,000. In addition th ereto, such person shall be liable for the reasonable attorney's fees and costs incurred by the special counselCity in any civil proceeding filed to enforce the provisions hereof. B. Enforcement of this chapter through civil action may be filed as an alternative to criminal enforcement pursuant to PMC 2.28.120. Civil enforcement shall not require that the violation be knowing or wilful. All discovery provisions of State law shall be available to the SJ)ecial coun:selC ity in the civil enforcement of this chapter. Special coW1selT he City shall have the power to subpoena documents and other materials as may be necessary to conduct the investigation. No civil action alleging a violation of this chapter shall be filed against a person pursuant to this section if the special coooselCity is maintaining a criminal action against that person pursuant to PMC 2.28.120. C. Each violation of this chapter s hall be a separate offense subj ect to the civil penalty provided in subsection A of this section. D. The special City's counsel is authorized to settle any civil enforcement hereof prior or subsequent to the filing of a civil action by the imposition of a civil penalty in an amount which does not exceed the potential civil liability, including attorney's fees, set forth in subsection A of this section. Upon payment in full of such civil penalty, the special coUfl:selCity s hall agree to forbear from filing civil or criminal action or, if action has already been filed, shall agree to dismiss such action. The imposition of a ll c ivil penalties shall be made a matter of public record. E. A ll civil fines shall be deposited into the general fund. 2 .28.140 OffieehelElet· aeee11nts prehibited. Pursuant to the authority of Government Code Sections 81013 and 8570€i , and notwithstanding the permissive provisions of Government Code Sect ion 85313, the City Council finds that officeholder accounts are unnecessary i-B the City, and have the potential in such a small jurisdiction to provide incumbent officeholders •.vit h unfair political advantage and giv=e a corrupt appearance to the political process. Officeholder accounts are prohibited. 2.28.lQ~0 Application of Government Code Section 83116.5. To the greatest extent p ermitted by law, Government Code Section 83116.5 shall not be applied to any person who is an employee or under contract to the City and is giving advice interpreting the campaign, disclosure, or conflict of interest provisions of the Political Reform Act of 1974 or of this chapter as part of that person's government contract or employment. The Poway Municipal C ode is current throug h Ordinance 830, passed Aug ust 20 ,20 19. December 3, 2019, Item #3.2 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT December 3, 2019 Honorable Mayor and Members of the City CouncJ J/l Robert Man is, Director of Development Services rr 1 David De Vries, City Planner '\)Q5:) (858) 668-4604, ddevries@poway.org Adoption of an Ordinance of the Cit y of Poway, California, Amending Poway Municipal Code (PMC) Chapters 15.02, 15.04, 15.08, 15.10, 15.12, 15.16, 15.18, 15.19, 15.21 , 15.22 , 15.23, and 15.24, adopting by reference the 2019 California Building Standards Codes, which includes the 2019 California Administrative Code, the 2019 California Building Code , the 2019 California Residential Code, the 2019 California Electrical Code, the 2019 California Mechanical Code, the 2019 Cal ifornia Plumbing Code, the 2019 California Energy Code, the 2019 California Hi storical Building Code, the 2019 California Fire Code , the 2019 California Existing Building Code, the 2019 California Green Building Standards Code, and the 2019 Referenced Standards Code with Local Amendments. On December 6, 2016, the City Council adopted the 2016 Edition of the California Building Standards Codes, including the introduction of a centralized California Fire Code. These codes, which are adopted by reference , have recently been repl aced by the 2019 Edition of the California Building Standards Code. The 2019 Edition codes will go into effect on January 1, 2020. The purpose of this Ordinance is to update the P oway Municipal Code (PM C) to the current State- mandated code edition and to incorporate local amendments which address the City's specific needs based upon our zoning regulations and unique climate, topography , and geology. This proposed ordinance includes the State required fire and life safety codes and practices from the California Building Standards Code , which includes the Fire Code, for the City of Poway. Recommended Action: It is recommended that the City Council take public input, close the public hearing and introduce the Ordinance for first reading by title only, waiving further reading , and schedule the adoption for December 17, 2019. Discussion: The California Building Standards Code is published by the California Building Standards Commission every three years to include fire, building , electrical, residential , plumbing , mechanical, energy, and green building standards. Every three years , the City then adopts these 1 of 44 December 3, 2019, Item #3.2 codes by reference in Title 15 of the PMC, titled "Building and Construction." The last time the City updated its codes was in 2016, to adopt the 2016 Edition, which also introduced the centralization of the Fire Code and repealed the Wildland-Urban Interface Code. The California Health and Safety Code Section 17922 requires that each jurisdiction in the State adopt the most recent edition of the California Building Standards Code within 180 days of publication. The 2019 California Building Standards Code was published on July 1, 2019. The Statewide effective date established by the California Building Standards Commission for the 2019 California Building Standards Code is January 1, 2020. If it is not adopted by the jurisdiction, then it has the force of law 180 days after publication. The State codes would remain in effect until a local Ordinance is adopted. When adopting the California Building Standards Code, a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year, the California Building Standards Commission published the 2019 California Building Standards Code which is based on the 2018 International Building Code, the 2018 International Residential Code, the 2018 International Existing Buildings Code, the 2018 International Fire Code, the 2018 Uniform Plumbing Code, the 2018 Uniform Mechanical Code, and the 2017 National Electrical Code. The California Fire Code (CFC) is the State of California's model Fire Code with its administrative authority being derived from the Health and Safety Code. Since its inception, the CFC has become internationally recognized for its role in affirmatively addressing the issues related to fire prevention, fire protection, firefighter safety and public safety. The Office of the State Fire Marshal is responsible for publishing the code text complete with changes reflecting new philosophies, engineering knowledge, and technological applications. Once the State Fire Marshal adopts the CFC, it becomes effective throughout the State of California for all cities, counties, and fire districts. In addition, local adoption is necessary in order to amend the model code to reflect particular challenges unique to that region or to implement revisions necessary to provide fire protection consistent with a community's ability to prevent, respond to, or mitigate fire, building, or safety hazards. The purpose of these Ordinances is to update the PMC to the current State-mandated code editions, which are adopted by reference, so that the City can enforce the State-adopted codes as the minimum standards for construction. The 2019 Edition includes the adoption of the following California Building Standards Codes published by the California Building Standards Commission and places them in the indicated Chapters of the PMC: California Building Standards Code 2019 California Administrative Code 2019 California Building Code 2019 California Electrical Code 2019 California Residential Code 2019 California Plumbing Code 2019 California Mechanical Code 2019 California Energy Code 2019 California Historical Building Code 2019 California Existing Building Code 2019 California Green Building Standards Code 2019 California Referenced Standards Code 2019 California Fire Code 2 of 44 PMC Chapter Chapter 15.02 Chapter 15.04 Chapter 15.08 Chapter 15.10 Chapter 15.12 Chapter 15.16 Chapter 15. 18 Chapter 15.19 Chapter 15.21 Chapter 15.22 Chapter 15.23 Chapter 15.24 December 3, 2019, Item #3.2 Most of the significant changes found in the 2019 California Building Standards Code are modifications to existing requirements or additional requirements. Several modifications omitted conflicting code language and references. Adoption of this ordinance will amend PMC, Title 15 with the following highlights (in no particular order): • Preserves a high level of fire and life safety practices throughout the City, including the wildland-urban interface areas • Improves the alignment to regional fire code practices • Introduces the use of permeable pavers on required fire apparatus access; requires electric vehicle charging infrastructure for new parking areas and additions to existing parking areas • Requires shade trees to provide shade to 50 percent of new surface parking areas and additions to surface parking areas within 15 years, and shade to 20 percent of landscape areas and hardscape areas within 15 years • Incorporates 2018 State statutes that accessory dwelling units not greater than 1,200 square feet are not required to have fire sprinklers if they are not required for the primary residence • Requires solar to be installed on new dwelling units • Requires two-inch by six-inch framing on the exterior of new dwelling units instead of two- inch by four-inch framing • Requires additional restrictions on a mezzanine within a dwelling unit • Defines an umbrella fabric structure for shade and greenhouses • Provides for assembly and mercantile classifications for greenhouses that provide public access • Requires a mechanical ventilation system and exhaust system for parking garages • Requires sleeping rooms in basements to not be required to have emergency escape and rescue openings provided that the basement has two means of egress • Requires any sleeping room of more than 1,000 square feet to have no fewer than two exit access doors from the sleeping room • Requires cooktops, ranges and ovens to not be installed nor used in sleeping rooms in dormitories • Provides standards for when a roof may be permitted to be used for occupancy • Requires that operable skylights be protected with a non-combustible mesh screen • Where walks or sidewalks are provided, a curb ramp is required to connect the walks or sidewalks at each pedestrian street crossing • Provides technical provisions for adult changing facilities Only projects with building permits submitted after January 1, 2020 will be affected by the new California Building Standards Codes and local amendments will be effective January 16, 2020. Building permits in plan check prior to December 31, 2019 will not be subject to the new regulations. Staff is only proposing local amendments to the 2019 Building Code, 2019 Residential Code and 2019 Fire Code due to local zoning and/or climatic, geographic and topographic conditions that necessitate greater life and safety protection. Environmental Review: This project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) in that it entails the adoption of State-mandated Building Codes, with minor amendments, and there is no possibility that this activity will have an effect on the environment. 3 of 44 December 3, 2019, Item #3.2 Fiscal Impact: None . Public Notification: A notice of Public Hearing was published in the Poway News Chieftain on Thursday , November 21 ,2019. Attachments: A. Ordinance Amending Chapter 15.02 (Administrative Code), 15.04 (Bui lding Code), 15.08 (Electrical Code), 15 .10 (Residential Code), 15 .12 (Plumbing Code), 15.16 (Mechanical Code), 15.18 (E nergy Code), 15.19 (Historical Building Code), 15.21 (Existing Building Code), 15.22 (G reen Building Code), 15.23 (Referenced Standards Code), 15.24 (Fire Code) of the PMC and Find ings Supporting the City of Poway Amendments to the California Fire Code Reviewed/Approved By: Wendy aserman Assistant City Manager 4 of 44 Reviewed By: Alan Fenstermacher City Attorney Approved By: ~ ----Ch f s H~ City Manager December 3, 2019, Item #3.2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING POWAY MUNICIPAL CODE, CHAPTERS 15.02, 15.04, 15.08, 15.10, 15.12, 15.16, 15.18, 15.19, 15.21, 15.22, 15.23, 15.24, ADOPTING BY REFERENCE THE 2019 CALIFORNIA ADMINISTRATIVE CODE, THE 2019 CALIFORNIA BUILDING STANDARDS CODES, WHICH INCLUDES THE 2019 CALIFORNIA BUILDING CODE, THE 2019 CALIFORNIA RESIDENTIAL CODE, THE 2019 CALIFORNIA ELECTRICAL CODE, THE 2019 CALIFORNIA MECHANICAL CODE, THE 2019 CALIFORNIA PLUMBING CODE, THE 2019 CALIFORNIA ENERGY CODE, THE 2019 CALIFORNIA HISTORICAL BUILDING CODE, THE 2019 CALIFORNIA FIRE CODE, THE 2019 CALIFORNIA EXISTING BUILDING CODE, THE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE, AND THE 2019 REFERENCED STANDARDS CODE WITH LOCAL AMENDMENTS WHEREAS, On December 6, 2016, the City Council adopted the 2016 Edition of the California Building Standards Codes, including the introduction of a centralized California Fire Code. These codes, which are adopted by reference, have recently been replaced by the 2019 Edition of the California Building Standards Code. The 2019 Edition codes will go into effect on January 1, 2020. The California Building Standards Commission published the 2019 California Building Standards Code which is based on the 2018 International Building Code, the 2018 International Residential Code, the 2018 International Existing Buildings Code, the 2018 International Fire Code, the 2018 Uniform Plumbing Code, the 2018 Uniform Mechanical Code, and the 2017 National Electrical Code. The purpose of this Ordinance is to update the Poway Municipal Code (PMC) to the current State-mandated code edition and to incorporate local amendments which address the City's specific needs based upon zoning regulations and unique climate, topography, and geology; WHEREAS, the City Council of the City of Poway finds that the City of Poway has certain climatic, geologic, and topographic features that can have a deleterious effect on emergency services such as fire protection and emergency medical services; WHEREAS, the City Council of the City of Poway finds that the modifications and changes to the 2019 California Fire Code are reasonably necessary because of the local climatic, geological, and topographical conditions incorporated by reference herein as Exhibit A; WHEREAS, certain amendments to the 2019 California Fire Code are necessary to mitigate said deleterious effects to the extent possible; WHEREAS, California Health and Safety Code Section 17922 and 17958 requires that jurisdictions adopt building regulations that are substantially the same as those adopted by the California Building Standards Commission; and contained in the California Building Standards Code; WHEREAS, Sections 50022.1 through 50022.10, inclusive, of the California Government Code provide authority for cities to adopt state codes, or portions of state codes, by reference; 5 of 44 ATTACHMENT A December 3, 2019, Item #3.2 Ordinance No. 19- Page 2 WHEREAS, code amendments adopted by the State of California shall take precedence over the 2018 International Fire Code language. The 20185 International Fire Code language shall be used for those code sections not adopted by the State; WHEREAS, local amendments adopted by the City of Poway shall take precedence over both the 2018 International Fire Code and 2019 California Fire Code provisions; WHEREAS, on December 3, 2019, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this ordinance; 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 above recitations are true and correct. SECTION 2: The City Council finds that local climatic; geographical and topographical conditions, including the terrain; high summer month temperatures; population growth rate; housing and occupancy conditions and needs; and the environment existing in the City of Poway constitute conditions which require that the California Building Standards Code be modified as set forth herein. SECTION 3: The City Council hereby approves this ordinance and amends certain sections of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 4: This project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) in that it entails the adoption of State- mandated Building Codes, with minor amendments, and there is no possibility that this activity will have an effect on the environment. SECTION 5: Chapters 15.02, 15.04, 15.08, 15.10, 15.12, 15.16, 15.18, 15.19, 15.21, 15.22, 15.23, and 15.24, of the PMC shall be amended as follows [entire Chapter is shown]: 6 of 44 December 3, 2019, Item #3.2 Sections: 15.02.010 15.02.020 15.02.030 15.02.040 15.02.050 15.02.060 15.02.070 15.02.080 15.02.090 15.02.100 15.02.110 15.02.120 15.02.130 Chapter 15.02 UNIFORM ADMINISTRATIVE CODE Adoption of Uniform Administrative Code. Deletions, revisions and additions to Administrative Code. Section 102.2 amended. Section 102.6 amended. Section 202.11 added. Section 204.1 amended. Section 206 added. Section 301.1 amended. Section 304 amended. Section 305.2.1 added. Section 305.5 amended. Section 309.3 amended. Tables No. 3 A through No. 3 H deleted. Ordinance No. 19- Page 3 15.02.010 Adoption of the UniformCalifornia Administrative Code, Part 1. Title 24 of the California Code of Regulations. There is adopted as the City's administrati>Je code for the purpose of prescribing administrative and enforcement provisions for certain technical codes the Uniform Administrative Code, 1997 Edition, promulgated and published by the International Conference of Building Officials, 5360 South VVorkman Mill Road, \'Vhittier, California 90601, including such provisions as are hereinafter added, deleted, or amended. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 526 § 2 (B), 2000) There is hereby adopted and incorporated by reference herein that certain document known as the California Administrative Code, Part 1, Title 24 of the 2019 California Code of Regulations, published by the California Building Standards Commission. Said document is adopted without change for the purpose of establishing the administration, organization, and enforcement of rules and regulations for the 2019 California Code of Regulations adopted by the City. All provisions of the California Administrative Code, 2019 Edition, are referred to, adopted and made a part of this code. as though fully set forth herein. 15.02.020 Deletions, revisions and additions to Uniform Administrative Code. Deletions, revisions and additions to the Uniform Administrative Code, 1997 Edition, shall be as set forth in PMC 15.02.030 through 15.02.130. 15.02.030 Section 102.2 amended. Section 102.2 of the Uniform Administrative Code, 1997 Edition, is amended by adding the follm•1ing sentence to the end of the fourth paragraph: The installation of wood shingle or shake roofing material shall be prohibited. All roof coverings shall be fire retardant with a minimum of a Class A rating. EXCEPTION: The installation of wood shingle or shake roofing material for re roofing or repair which does not exceed 25 percent of the project roof area within any 12month period shall be allowed when the material has a minimum Class B rating. 7 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 4 15.02.040 Section 102.6 amended. Section 102.6 of the Uniform Administrative Code, 1997 Edition, is amended by adding the follo>Ning: Moving of apartment houses and dwellings. For clarification purposes, the applicable subsections of l=lealth and Safety Code Section 17958.9 are repeated: 17958.9 Local ordinances or regulations governing the moving of apartment houses and dwellings shall, after July 1, 1978, permit the retention of e*isting materials and methods of construction so long as the apartment house or dwelling complies with the building standards for foundation applicable to new construction, and does not become or continue to be a substandard building. 15.02.050 Section 202.11 added. Section 202.11 of the Uniform Administrative Code, 1997 Edition, is added to read as follows: 202.11 Permit l=listory Survey. Upon receipt of a written request from the owner of a parcel of property for a Permit l=listory Survey, and the payment of the f.ee specified in a resolution duly adopted by the City Council, the Building Official may review City records and provide a report listing those building, plumbing, electrical and mechanical permits that ha,,e been issued for that specific parcel of property. 15.02.060 Section 204.1 amended. Section 204.1 of the Uniform Administrative Code 1997 Edition, is amended to read as follows: ' 204 .1 General. In order to hear and decide appeals of orders, decisions or determinations relating to California building codes (Title 15 of the PMC), the City Council shall serve as the Appeals Board and l=learing Officer as described in Chapter 2.20 of the City of Po>.vay Municipal Code. Any action deemed to be a nuisance by the Development Services Director or designee in accordance with PMC Section 17.54.020 or Chapter 8.80 is not considered an order, decision or determination relating to building codes. The City Council may, by resolution, form and appoint three or more individuals to an Appeals Board to function as the Appeals Board and l=learing Officer under this Section. 15.02.070 Section 206 added. Section 206 of the Uniform Administrative Code, 1997 Edition, is added to read as follows: Sec. 206 Public Nuisance. Any building or structure erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished, equipped, used, occupied, or maintained contrary to the provisions of this code shall be and the same is hereby declared to be unlm•lful and a public nuisance. The City Attorney may commence necessaA' d. f 7 procee mgsor the abatement, removal and/or en-joinment of any such public nuisance in the manner provided by law in accordance with Chapter 1.08, 1.10, 8.72 and 15.32 of the City of Poway Municipal Code. Any failure, refusal or neglect to obtain a permit as required by Chapter a of this code shall be prima facie evidence of the fact that a public nuisance has been committed in connection with the erection, construction, enlargement, alteration, repair, mo>1ement, improvement, removal, conversion or demolition, equipment, use, occupation, or maintenance of a building or structure erected, constructed, enlarged, altered, repaired, moved, impro'1ed, removed, con,,erted or demolished, used, occupied, or maintained contrary to the provisions of this code or the technical codes. 8 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 5 15.02.080 Section 301.1 amended. Section 301.1 of the Uniform Administrati>1e Code, 1997 Edition, is amended by adding the following: Permits shall not be issued for construction on a site >.vhere the City Engineer determines that a grading permit or public improvements are required until the City Engineer or his/her representative notifies the Building Official in ,.vriting that the grading or public impro>1ements work has been satisfactorily completed to allo>.v building permits to be issued. Permits shall not be issued if the City Engineer determines that flooding or geologic conditions at the site may endanger the public safety or welfare. 15.02.0Q0 Section 304 amended. Section 304 of the Uniform Administrative Code, 1997 Edition, is amended to read as follo>,vs: SECTION 304 FEES 304 .1 General. Fees shall be assessed as set forth in a resolution duly adopted by the City Council. 304 .2 Permit Fees. The fee for each permit shall be as set forth in a resolution duly adopted by the City Council. The determination of value or valuation under any of the provisions of these codes shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total ,,alue of all construction work for which the permit is issued as \•1ell as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and other permanent equipment. The permit fees for those projects subject to State energy code compliance and/or State disabled access regulation compliance shall be as set forth in a resolution duly adopted by the City Council. 304 .3 Plan Review Fees. When submittal documents are required by Section 302.2, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee sho>.♦:n in a resolution duly adopted by the City Council. The plan re>1ie>.v fees for electrical, mechanical and plumbing work shall be equal to 25 percent of the total permit fee set forth in a resolution duly adopted by the City Council. The plan review fees for State energy code compliance and/or State disabled access regulation compliance shall be as set forth in a resolution duly adopted by the City Council. The plan re>1iew fees specified in this section are separate fees from the permit fees specified in Section 304 .2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan re>1iew or when the project involves deferred submittal items as defined in Section 302.4 .2, an additional plan review fee shall be charged at the rate shown in a resolution duly adopted by the City Council. 304 .4 Expiration of Plan Re>1iew. Applications for which no permit is issued within one year following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan check fee. 9 of 44 December 3, 2019, Item #3.2 304 .5 Investigation Fees: 'Nork without a Permit. Ordinance No. 19- Page 6 304 .5.1 Investigation. Whenever work for which a permit is required by this code has been commenced >Nithout first obtaining a permit, a special in>;estigation shall be made before a permit may be issued for such work. 304 .5.2 Fee. An investigation fee, in addition to the permit fee, shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum permit fee set forth in a resolution duly adopted by the City Council. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from any penalty prescribed by lmv. 304 .6 Fee Refunds. The Building Official may authorize refunding of a fee paid hereunder 'Nhich was erroneously paid or collected. The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The Building Official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for >Nhich a plan revie>11 fee has been paid has been withdrawn or canceled before any examination time has been expended. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 304 .7 Permit History Survey Fee. The fee for conducting a permit history survey of an existing structure or facility shall be the fee as set forth in a resolution duly adopted by the City Council. 304 .8 Demolition Permit Fee. The fee for a permit to demolish a building shall be as set forth in a resolution duly adopted by the City Council. 304.9 Fee Exceptions. The Government of the United States of America, the State of California, local school districts proposing work exempt from building permits, the County of San Diego, and the City of Poway shall not be required to pay any fees for filing an application for a building permit pursuant to this code unless City plan review and inspection services are requested. If so requested, the fee schedules adopted in a resolution by the City Council shall ~ 15.02.100 Section 305.2.1 added. Section 305.2.1 of the Uniform Administrative Code, 1997 Edition, is added to read as follows: 305.2.1 Circuit Cards. /\ complete schedule of circuits, showing the number and arrangement of outlets on each circuit, shall be posted at the service equipment location prior to requesting inspection of rough electrical '.♦.tiring. Circuit cards furnished by the Building Official shall be used for this purpose. In lieu of a circuit card, an approved >Niring plan may be used. 15.02.110 Section 305.5 amended. Section 305.5 of the Uniform Administrati>Je Code, 1997 Edition, is amended by adding a ne>N No. 5 under Required Building Inspections and renumbering the original No. 5 to read number 6 as follows: 10 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 7 5. Intermediate roofing inspection. An intermediate roofing inspection to be made >.vhen the roof covering is approximately 50% installed to verify fastening and underlayment requirements of the roof covering assembly. 6. rinal inspection. To be made after finish grading and the building is completed and ready for occupancy. 15.02.120 Section 309.3 amended. Section 309.3 of the Uniform Administrative Code, 1997 Edition, is amended to read as follmvs: 309.3 Certificate Issued. After final inspection where the Building Official has inspected the building or structure and has found no violations of the provisions of this code or other lm•1s which are enforced by the Building Division, the Building Official shall indicate appro>1al on the Inspection Record Card, and the signed Inspection Record Card shall serve as the Certificate of Occupancy. 15.02.130 Tables No. 3 A through No. 3 H deleted. Tables No. 3 A, No. 3 B, No. 3 C, No. 3 D, No. 3 E, No. 3 r, No. 3 G and No. 3 H of the Uniform Administrative Code, 1997 Edition, are deleted. Sections: 15.04.010 15.04.020 15.04.030 15.04.040 15.04.050 15.04.060 Adoption. Findings. Chapter 15.04 BUILDING CODE Deletions, revisions and additions to the 20-1-e2019 California Building Code. Section 105.2 amended. Table 1505.1 amended. Appendices Chapter C, H and I adopted. 15.04.010 Adoption of the California Building Code, Part 2, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City Building Code for the purpose of prescribing regulations in the City of Poway for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures, the 20-1-e2019 California Building Code, Part 2, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code, Section 18901 et seq. which is based on the International Building Code, ~2018 Edition, including those Appendix Chapters adopted by this Chapter. Except as otherwise provided by this Chapter and Chapter 15. 02 of the City of Poway Municipal Code, all erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures within the City of Poway shall be in conformance with the 204-S2019 California Building Code, published by the California Building Standards Commission, which is based on the International Building Code, 20-1-§2018 Edition and the adopted Appendix Chapters, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, mL 60478. 11 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 8 15.04.020 Findings. The City of Poway has many large brush-covered hillsides. The City is subject to frequent Santa Ana conditions consisting of dry gusting winds, which create extreme fire dangers. The City Council specifically finds that these geographic and topographic conditions necessitate greater fire protection than that provided by the ~2019 California Building Code. Therefore, this chapter alters the International Building Code, ~2018 Edition, to require more fire- retardant roof coverings. 15.04.030 Deletions, Revisions and Additions to the ~2019 California Building Code. Deletions, revisions and additions to the ~2019 California Building Code, shall be as set forth in Sections 15.04.~0 through 15.04.060. 15.04.040 Section 105.2 amended. Section 105.2 exemption 2 of the 2019 California Building Code is amended to read as follows: 105.2 Work Exempt from Permit. Building: 2. Fences not over 6 feet (1,829 mm) high. 15.04.050 Table 1505.1 Amended.-Table 1505.1 of the ~2019 California Building Code is amended to read as follows: IA 18 A A TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION IIA 118 IIIA 1118 IV A A A A A VA VB A A 15.04.060 Appendices C, H and I adopted. Appendix Chapters C, H and I of the 2G4-e2019 California Building Code, are adopted. Sections: 15.08.010 Chapter 15.08 ELECTRICAL CODE Adoption of the California Electrical Code, Part 3, Title 24 of the California Code of Regulations. 15.08.010 Adoption of the California Electrical Code, Part 3, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City Electrical Code for the purpose of prescribing regulations in the City of Poway for the installation, alteration or repair of electrical systems and permit requirements and inspection thereof, the 204-02019 California Electrical Code, Part 3, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code which is based on the National Electrical Code, 20442017 Edition. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all installation, alteration or repair of electrical systems within the City of Poway shall be in conformance with the 20-1-e--2019 California Electrical Code, published by the California Building Standards 12 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 9 Commission, which is based on the National Electrical Code, ~2017 Edition, published by the National Fire Protection Association, Battery March Park, Quincy, Massachusetts, 02269. Sections: 15.10.010 15.10.020 15.10.030 15.10.040 15.10.050 15.10.060 Chapter 15.10 RESIDENTIAL CODE Adoption of the California Residential Code, Part 2.5, Title 24 of the California Code of Regulations. Findings. Deletions, revisions and additions. Section R 105.2 amended. Section R902.1.3 amended. Appendix H adopted. 15.10.010 Adoption of the California Residential Code, Part 2.5, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as City Residential Code for the purpose of prescribing regulations in the City of Poway for the construction, alteration or repair of use and occupancy, location and maintenance of detached one-and two-family dwellings and townhouses not more than three stories above grade plane and permit requirements and inspection thereof, 201-e2019 California Residential Code, Part 2.5 , Title 24 of the California Code of Regulations, a portion of the California Building Standards Code published by the California Building Standards Commission which is based on the International Residential Code published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, U IL 60478. 15.10.020 Findings. The City of Poway has many large brush-covered hillsides. The City is subject to frequent Santa Ana conditions consisting of dry gusting winds, which create extreme fire dangers. The City Council specifically finds that these geographic and topographic conditions necessitate greater fire protection than that provided by the 201-e2019 California Residential Code. Therefore.I. this chapter alters the California Residential Code to require more fire:retardant roof coverings. 15.10.030 Deletions revisions and additions. Deletions, revisions and additions to the 201-e2019 California Residential Code shall be as set forth in sections 15.10.0§10 through 15.10.060. 15.10.040 Section R105.2 amended. Section R105.2 exemption 2 of the 2019 California Residential Code is amended to read as follows: R105.2 Work Exempt from Permit. Building: 2. Fences not over 6 feet (1,829 mm) high. 15.10.050 Section R902.1.3. Section R902.1.3 of the California Residential Code is amended to read as follows: R902.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure where more that 50 percent of the total roof area is replaced within any one-year periods, the entire roof covering of every new structure, and any roof covering applied in the 13 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 10 alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A. 15.10.060 Appendix H adopted, Appendix H of the ~2019 California Residential Code is adopted. Sections: 15.12.010 15.12.020 Chapter 15.12 PLUMBING CODE Adoption of the California Plumbing Code, Part 5, Title 24 of the California Code of Regulations. Appendices G and I adopted. 15.12.010 Adoption of the California Plumbing Code, Part 5, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City Plumbing Code for the purpose of prescribing regulations in the City of Poway for the construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment in or on any building or structure or outdoors on any premises or property, the ~2019 California Plumbing Code, Part 5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq. which is based on the Uniform Plumbing Code, ~2018 Edition. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment within the City of Poway shall be in conformance with the ~2019 California Plumbing Code published by the California Building Standards Commission which is based on the Uniform Plumbing Code, ~2018 Edition, published by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California, 91789-2825. 15.12.020 Appendices G and I Adopted. Appendices G and I of the California Plumbing Code are adopted. Sections: 15.16.010 Chapter 15.16 MECHANICAL CODE Adoption of the California Mechanical Code, Part 4, Title 24 of the California Code of Regulations. 15.16.010 Adoption of the California Mechanical Code, Part 4, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City Mechanical Code for the purpose of prescribing regulations in the City of Poway for the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances, the 2G4-e2019 California Mechanical Code, Part 4, Title 24 of the California Code of Regulations, a portion of the 14 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 11 California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq. which is based on the Uniform Mechanical Code, ~2018 Edition. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat- producing appliances shall be in conformance with 2G4-e2019 California Mechanical Code, published by the California Building Standards Commission and any rules and regulations promulgated pursuant thereto. Sections: 15.18.010 Chapter 15.18 ENERGY CODE Adoption of the California Energy Code, Part 6, Title 24 of the California Code of Regulations. 15.18.010 Adoption of the California Energy Code, Part 6, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City Energy Code for the purpose of prescribing regulations in the City of Poway for the conservation of energy the 2Q4e2019 California Energy Code, Part 6, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq. and the California Energy Code, 2G4-e2019 Edition. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all construction of buildings where energy will be utilized shall be in conformance with the ~2019 California Energy Code and any rules and regulations promulgated pursuant thereto, including the California Energy Code, 204-e2019 Edition, published by the California Energy Commission. Sections: 15.19.010 Chapter 15.19 HISTORICAL BUILDING CODE Adoption of the 2G4-e2019 California Historical Building Code, Part 8, Title 24 of the California Code of Regulations. 15.19.010 Adoption of the 2G4-e2019 California Historical Building Code, Part 8, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City's Historical Building Code for the purpose of prescribing regulations in the City of Poway to provide alternative building regulations for the rehabilitation, preservation, restoration, or relocation of designated historic buildings, the ~2019 California Historical Building Code, Part 8, Title 24 of the California Code of Regulations, a portion of the ~2019 California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq. (authorized by Health and Safety Code Sections 18950 through 18961). 15 of 44 December 3, 2019, Item #3.2 Sections: 15.21.010 Chapter 15.21 EXISTING BUILDING CODE Ordinance No. 19- Page 12 Adoption of the ~2019 California Existing Building Code, Part 10, Title 24 of the California Code of Regulations. 15.21.010 Adoption of the ~2019 California Existing Building Code, Part 10, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City's Existing Building Code for the purpose of prescribing regulations in the City of Poway to provide alternative building regulations for the rehabilitation, preservation, restoration, or relocation of existing buildings, the 2Q4e2019 California Existing Building Code, Part 10, Title 24 of the California Code of Regulations, a portion of the ~2019 California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq, which is based on the 2018 International Existing Buildings Code. Sections: 15.22.010 Chapter 15.22 GREEN BUILDING STANDARDS CODE Adoption of the California Green Building Standards Code, Part 11, Title 24 of the California Code of Regulations. 15.22.010 Adoption of the California Green Building Standards Code, Part 11, Title 24 of the California s.Qode of Regulations. There is adopted and incorporated by reference herein as the sCity Green Building Standards Code for the purpose of prescribing regulations in the City of Poway for the enhancement of the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encourage sustainable construction practices the 2Q462019 California Green Building Standards Code, Part 11, Title 24 of the California Code of Regulations, A~ portion of the California Building Standards Code, as defined in the California Health and Safety code, Section 18901 et seq, and the California Green Building Standards Code. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all construction of buildings shall be in conformance with the 20-1-e2019 California Green Building Standards Code and any rules and regulations promulgated pursuant thereto, including the California Green Building Standards Code ~2019 Edition, published by the California Building Standards Commission. Sections: 15.23.010 16 of 44 Chapter 15.23 REFERENCED STANDARDS CODE Adoption of the ~2019California Referenced Standards Code, Part 12, Title 24 of the California Code of Regulations. December 3, 2019, Item #3.2 Ordinance No. 19- Page 13 15.23.010 Adoption of the ~2019 California Referenced Standards Code, Part 12, Title 24 of the California Code of Regulations. The California Referenced Standards Code, ~2019 edition, Chapter 15.23 is adopted by reference without change to Buildings and Construction Title 15. Sections: Chapter 15.24 FIRE CODE 15.24.010 Adoption of California Fire Code. 15.24.020 Administration. 15.24.025 Appeals. 15.24. 030 Definitions. 15.24.040 General precautions against fire. 15.24.050 Fire service features. 15.24.060 Building services and systems. 15.24.070 Fire sprinkler systems. 15.24.080QQG Flammable finishes. 15.24 .090 Fire safety during construction. 15.24.09044-G Wildland-urban interface fire area. 15.24.100420 Fireworks display. 15.24.110-1-W Flammable and combustible liquids. 15.24.120-1-40 Liquefied petroleum gases. 15.24.130470 Chapter 80 Referenced Standards. 15.24.140-1-80 Appendix B, fire-flow requirements for buildings. 15.24.150400 Conflict. The City of Poway adopts by reference the 20196 California Fire Code, excluding Section 103, and including Appendix Chapters 4 and Appendices B, ~F,J::Land I, as published by the International Code Council, except those portions that are deleted, modified, or amended by this chapter. One copy of the above-mentioned code has been and is now filed in the office of the City Clerk or the fire code official, City of Poway, and the same is adopted and incorporated as fully as if set out at length herein. From the effective date of the ordinance codified in this chapter, the provisions thereof shall be controlling within the limits of the City of Poway. 15.24.020 Administration Section 102. 13 is added to read: 102.13 Repeal of _gGonflicting QGrdinances, rResolutions or mMotions. All former ordinances, resolutions, motions, or parts thereof that are conflicting or inconsistent with the provisions of this Ordinance or of the Code or standards hereby adopted are repealed. Section 104.8 is modified to read: 104.8 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code. the fire code official shall have the authority to grant modifications 17 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 14 for individual cases, provided the fire code official shall first find that special individual reason makes the strict letter of this code impracticable and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The applicant's request for a modification shall state the specific sections(s) for which a modification is requested. material facts supporting the contention of the applicant. the details of the modification or mitigating measure proposed and. if applicable. a map showing the proposed location and citing of the modification or mitigation measure. The details of action granting modifications shall be recorded and entered in the files of the department of fire prevention. Section 104.12 is added to read: 104.12 Cost rRecovery. The purpose of this section is to establish authority to obtain reimbursement from responsible individuals for the expenses of any emergency response and/or enforcement action by the City of Poway to protect the public from criminal or negligent activities, and from fire or hazardous substances. Section 104.12.1 is added to read: 104.12.1 Reimbursement. In accordance with Health and Safety Code Section 13000 et seq., an individual who acts negligently or in violation of the law and thereby requires the jurisdiction to provide an emergency response to a danger posed by a fire or hazardous substance shall be liable for reimbursement to the agency for the costs incurredln accordance with Government Code Sections 53150 through 53158, any individual who is under the influence of an alcoholic beverage, or any drug, or the combined influence of an alcoholic beverage or any drug, and whose negligent operation of a motor vehicle, boat or vessel, or civil aircraft caused by that influence, proximately causes any incident and thereby requires the agency to provide an emergency response, shall reimburse the agency for the cost incurred. Section 105.3.9 is added to read: 105.3.9 Expense rRecovery. The fire code official may impose a fee for recovery of expenses incurred to enforce the fire prevention provisions of this code. Such expense recovery fees shall be established by a resolution of the City Council. Section 105.6.52&.4 is added to read: 105.6.52&.4 Christmas fl=ree lbots. An operational permit is required to operate a Christmas tree lot with or without flameproofing services. Section 105.6.53~ is added to read: 105.6.53~ Green wW-aste rRecycling, mMulching, £Gomposting QGperations and §Storage. A operational permit is required for green waste recycling, mulching, composting operations and storage. 15.24.025 Appeals. Section 1 OfLJ.8 is modified to read: 18 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 15 1 OU8 Appeals QE:rocedure eestablished. Whenever the fire code officialhas denied a permit or other entitlement, or when it is alleged that a mistake has been made in the interpretation or application of the code, the applicant may appeal the decision of the fire code official to the City Manager by filing a written appeal with the City Clerk within 30 days of the decision. If the appeal is denied by the City Manager, the City Manager's decision may be appealed to the City Council by filing a written appeal with the City Clerk within 30 days of the City Manager's decision and paying of the appeal fee set forth in the City's Master Fee Schedule for administrative appeals. Section 11009.4 is modified to read: 11009.4 Violation QPenalties. It is unlawful for any person to violate any of the provisions of this Code or standards hereby adopted by reference as a part of this Code, or to fail to comply with any lawful order issued pursuant to this Code, or to violate any permit or condition of approval issued pursuant to this Code. It is further unlawful for any person to fail to comply with any lawful order issued pursuant to this Code by the City Attorney or by a court of competent jurisdiction. A violation of any provision of this Code, or failure to comply with orders or conditions issued pursuant to this Code, shall constitute a misdemeanor or (in the discretion of the prosecuting attorney) an infraction, in any event as set forth in PMC Chapter 1.0~. In addition to any criminal penalties any violation may also be enforced by civil action, and shall be subject to civil and administrative penalties, as set forth in PMC Chapters 1.08 and 1.10-PMG. Section 11l4.4 is modified to read: 11l4.4 Failure to .QGomply. It is unlawful for any person to continue any work after having been served with a stop-work order, except such work expressly identified in the stop- work order as necessary to correct a violation or unsafe condition. 15.24.030 Definitions The following definitions are added or modified to Section 202: Aerated Static Pile. A composting process that uses an air distribution system to either blow or draw air through the pile. Little or no pile agitation or turning is performed. Accessory Dwelling Unit. An Accessory Dwelling Unit (ADU) is an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons on the same property as a single-family dwelling in a residential zone. The unit shall meet the definition of an ADU in the Government Code Section 65852.2. Blaster. A person who has been approved by the Sheriff to conduct blasting operations and who has been placed on the list of approved blasters. The listing shall be valid for one year unless revoked by the Sheriff. Blasting Operation. The uses of an explosive device or explosive material to destroy, modify, obliterate or remove any obstruction of any kind. Blasting Permit. A permit issued by the Issuing Officer pursuant to Section 105.6.14. The permit shall apply to a specific site and shall be valid for a period not to exceed one year. 19 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 16 Blast Site. The geographically defined area, as shown on a project map or plot plan, where a blaster is authorized by a blasting permit issued under Chapter 56 to conduct a blasting operation. Chipping and Grinding. An activity that mechanically reduces the size of organic matter. Combustible Vegetation. Material that in its natural state will readily ignite, burn and transmit fire from native or landscape plants to any structure or other vegetation. Combustible vegetation includes dry grass, brush, weeds, litter or other flammable vegetation that creates a fire hazard. Composting Operations. An operation that is conducted for the purpose of producing compost and shall be by means of one or a combination of the following processes used to produce a compost product: static pile, windrow pile, or aerated static pile. Combustible Vegetation. Material that in its natural state ,.viii readily ignite, burn and transmit fire from native or landscape plants to any structure or other vegetation. Combustible vegetation includes dry grass, brush, ,.veeds, litter or other flammable vegetation that creates a fire hazard. Dead-End Road. A road that has only one point of vehicular ingress/egress, including cul-de-sacs and looped roads. Defensible Space. An area either natural or man-made, where material capable of allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur. Distance measurements for defensible space shall be measured on a horizontal plane. Fire Department. Any regularly organized fire department regularly charged with the responsibility of providing fire protection to the jurisdiction. Fire Authority Having Jurisdiction (FAHJ). The designated entity providing enforcement of fire regulations as they relate to planning, construction, and development. This entity for the City of Poway also provides fire suppression and other emergency services. Fire Department. Any regularly organized fire department regularly charged with the responsibility of providing fire protection to the jurisdiction. Fire Hazard. Anything that increases or could cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing, or extinguishing fire; or anything or act, which could obstruct, delay, hinder, or interfere with the operations of the fire department; or egress of occupants in the event of fire. Fire Protection Plan (FPP). The FPP is a document prepared for a specific project or development proposed in the wildland-urban interface fire area that describes ways to minimize and mitigate potential loss from wildfire exposure, with the purpose of reducing impact on the community's fire protection delivery system. Fuel Break. An area, strategically located for fighting anticipated fires, where the native vegetation has been permanently modified or replaced so that fires burning into it can be 20 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 17 more easily controlled. Fuel breaks divide fire-prone areas into smaller areas for easier fire control and to provide access for fire-fighting. Fuel Modification Zone. A strip of land where combustible vegetation has been thinned or modified or both and partially or totally replaced with approved fire-resistant and/or irrigated plants to provide an acceptable level of risk from vegetation fires. Fuel modification reduces the radiant and convective heat on a structure and provides valuable defensible space for firefighters to make an effective stand against an approaching fire front. Green Waste. Organic material that includes, but is not limited to, yard trimmings, plant waste, manure, untreated wood wastes, paper products, and natural fiber products. Hazardous Fire Area. Any geographic area mapped by the State or designated by a local jurisdiction as a moderate, high or very high fire hazard area or which the FAHJ has determined is a hazardous fire area, because the type and condition of vegetation, topography, weather and structure density increase the probability that the area will be susceptible to a wildfire. High Rise Building. 1. "Existing high rise structure" means a high rise structure, the construction of which is commenced or completed prior to July 1, 1974. 2. "High rise structure" means every building of any type of construction or occupancy having floors used for human occupancy located more than 55 f.eet abo>1e the lowest floor level ha>1ing building access (see California Building Code, Section 403.1.2), except buildings used as hospitals as defined in Health and Saf.ety Code Section 1250. 3. "Ne>.v high rise structure" means a high rise structure, the construction of which is commenced on or after July 1, 1974. Hogged Materials. Mill waste consisting mainly of hogged bark but may include a mixture of bark, chips, dust, or other by-products from trees and vegetation. Mulching. the process by which mixed green waste is mechanically reduced in size for the purpose of making compost. Open Space Easement. Any right or interest in perpetuity or for a term for years in open space land, as that term is defined in Government Code section 51051, acquired by the County, a city or a nonprofit organization where the instrument granting the right or interest imposes restriction on use of the land, to preserve the land for public use or enjoyment of the natural or scenic character of the land. Open Space Preserve. Open space land, as that term is defined in Government Code section 65560(b), for the preservation of natural resources, managed production of resources, outdoor recreation, public health and safety, buffer for a military installation or the protection of cultural resources. Response Time. The elapsed time from the fire department's receipt of the first alarm to 21 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 18 when the first fire unit arrives at the scene. Slope. The variation of terrain from the horizontal; the number of feet, rise or fall per 100 feet, measured horizontally, expressed as a percentage. Static Pile. A composting process that is similar to the aerated static pile except that the air source may or may not be controlled. Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some manner. Travel Time. The estimated time it would take for a responding agency to travel from the fire station to the furthest structure in a proposed development project, determined by measuring the safest, most direct, appropriate, and reliable route with consideration given to safe operation speeds for heavy fire apparatus. Tree Crown. The primary and secondary branches growing out from the main stem, together with t,.vigs and foliage. Windrow Composting Process. The process in which compostable material is placed in elongated piles. The piles or windrows are aerated and/or mechanically turned on a periodic basis. Wood Chips. Chips of various species of wood produced or used in chipping and grinding operations. 15.24.040 General Precautions Against Fire Section 304.1.4 is added to read: 304.1.4 Outdoor .QGarnivals and f~airs. Outdoor carnivals and fairs shall only be conducted on grounds free of combustible vegetation or trimmed to the satisfaction of the FAHJ. Section 305.6 is added to read: 305.6 Rockets, mModel ~Aircraft and §Similar gOevices. Rockets, model airplanes, gliders, ballons, sky laterns, floating luminaries or similar devices-powered with an engine, propellant, open flame, or other feature liable to start or cause a fire shall not be projected into or across hazardous fire areas without prior approval of the fire code official. Section 307.5 is modified to read: 307.5 Attendance. Open burning, bonfires, recreational fires and the use of portable outdoor fireplaces shall be constantly attended by an adult until the fire is extinguished. A minimum of one portable fire extinguisher complying with section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. Section 3210 is added to read: 22 of 44 December 3, 2019, Item #3.2 SECTION 321G STORAGE OF FIREWOOD Ordinance No. 19- Page 19 3210.1 General. Firewood shall not be stored in unenclosed space beneath a building or structure, on a deck or under eaves, a canopy or other projection or overhang. When required by the fire code official, firewood or other combustible material stored in the defensible space surrounding a structure shall be located at least 30 feet from any structure and separated from the crown of any trees by a minimum of 15 feet, measured horizontally. Firewood and combustible materials not for use on the premises shall be stored so as to not pose a fire hazard. 15.24.050 Fire Service Features Section 503.1.2 is modified to read: 503.1.2 Additional Access. The fire code official may require one or more secondary means of access to a project, de)1elopment or area \•.«here he or she deems that such access is necessary for emergency operations and/or evacuation. The maximum length of a dead end road, including all deadend roads accessed from that dead end road, shall not exceed the f.ollo).ving cumulative lengths, regardless of the number of parcels served: Parcels zoned for less than 1 acre 800 feet Parcels zoned for 1 acre to 4. QQ acres Parcels zoned for 5 acres to 1 Q.QQ acres Parcels zoned for 20 acres or larger 1,320 feet 2,640 feet 5,280 feet These requirements may be modified when, in the opinion of the fire code official, conditions warrant. All lengths shall be measured from the edge of the roadway surface at the intersection where the road begins to the end of the road surface at its farthest point. VVhere a dead end road crosses areas of differing zoned parcel sizes that require different length limits, the shortest allowable length shall apply. Secondary access must be remote from the primary access and must meet all pro)1isions of this section. Section 503.2.1 is modified to read: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed, improved width of not less than 20 feet, except single-family residential driveways serving no more than two improved parcels containing dwelling units shall have a minimum of 16 feet of unobstructed improved width. In most cases, the City of Poway construction standards for streets (Chapter 12.20 PMC) will be more restrictive. The more restrictive standard shall apply. Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Exceptions: 1. Upon approval by the fire code official, vertical clearances or width may be reduced provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. 2. Fire access roadways, gated entrances with card readers, guard stations, or center 23 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 20 medians, which have separated lanes of one-way traffic shall be not less than 12 feet wide per lane. Section 503.2.3 is modified to read: 503.2.3 Surfac~. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 pounds unless authorized by the FAHJ, and shall be provided with an approved paved surface so as to provide all-weather driving capabilities. \IVhen deemed necessary in the opinion of the fire code official, a~ paved driving surface shall mean asphalt--e,: concrete, or permeable paver systemsurface. Section 503.2.4 is modified to read: 503.2.4 Turning Radius. The turning radius of a fire apparatus access road shall be a minimum of 28 feet as measured to the inside edge of the improvement width or as approved by the fire code official. Section 503.2.5 is modified to read: 503.2.5 Dead Ends. All dead-end fire access roads in excess of 150 feet in length shall be provided with approved provisions that allow emergency apparatus to turn around. A cul-de-sac shall be provided in residential areas where the access roadway serves more than two improved parcelsstructures. The minimum, unobstructed paved radius width for a cul-de-sac shall be 38 feet in residential areas. The F-ff8-fire code official shall establish a policy identifying acceptable turnarounds for various project types. Section 503.2.7 is modified to read: 503.2. 7 Grade. The gradient for a fire apparatus access roadway shall not exceed 20 percent. Grades exceeding 15 percent (incline or decline) shall be constructed of Portland cement concrete (PCC), with a deep broom finish perpendicular to the direction of travel, or equivalent, to enhance traction. Grades exceeding 10 percent shall be constructed of asphalt or PCC. Permeable paver systems shall not be used for grades exceeding 10 percent. The fire code official may require additional mitigation measures where he or she deems appropriate. Section 503.2.8 is modified to read: 503.2.8 Angles of Approach and Departure. The angle of departure and the angle of approach of a fire access roadway shall not exceed seven degrees (12 percent) or as approved by the fire code official. Section 503.3.1 is added to read: 503.3.1 Marking of Fire Apparatus Access Roads. When required, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. All new public roads, all private roads within major subdivisions, and all private road easements serving four or more parcels shall be named. Road name signs shall comply with City of Poway 24 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 21 Supplemental Engineering Standards, Street Sign Specifications. The fire code official may require the posting of a fire access roadway where parking has obstructed or could obstruct the required width. Section 503.6.1 is added to read: 503.6.1 Security Gates. All gates or other structures or devices that could obstruct fire access roadways or other.•,ise hinder emergency operations are prohibited unless they meet the standards appro,,ed by the fire code official and recei'Je Specific Plan appro,,aI. All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key-operated switches overriding all command functions and opening the gate(s). Gates accessing more than four residences or residential lots, or gates accessing hazardous institutional, educational or assembly occupancy group structures shall also be equipped with approved emergency traffic control-activating strobe light sensor(s), or other devices approved by the fire code official, which will activate the gate on the approach of emergency apparatus with a battery backup or manual- mechanical disconnect in case of power failure. In the event of a po'Ner failure, the gate shall be automatically transferred to a fail safe mode allowing the gate to be manually pushed open without the use of special knowledge or equipment. All automatic gates must meet fire department policies deemed necessary by the fire code official for rapid, reliable access. Automatic gates serving more than one dwelling or residential lot that are in existence at the time of adoption of this ordinance are required to install an approved emergency key operated switch or other mechanism apprmi<ed by the fire code official at an approved location 'Nhich overrides all command functions and opens the gate(s). Property owners must comply with this requirement 'Nithin 90 days of written notice to comply. V\/here this section requires an approved key operated switch, it shall be dual keyed or dual switches shall be pro'Jided to facilitate access by law enforcement personnel. Section 505.1 is modified to read: 505.1 Address Numbers. Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. AddressSaid numbers shall contrast with their background, and shaU--meet the City of Poway standards. following minimum standards as to size: four inches for single family dwellings; six inches for multifamily dwellings; between six inches (minimum) and 18 inches (maximum) for commercial buildings; and between 18 inches (minimum) and 24 inches (maximum) for industrial buildings. Additional address numbers mayshaU be required where deemed necessary by the fire code official. Fire Marshal, e.g. rear access doors, building corners, and entrances to commercial centers. The Fire code official may establish different minimum sizes for numbers for various categories of projects. When required by the fire code official, roof numbers shall be installed meeting current fire department standards. Section 505.3 is added to read: 505.3 Easement Address Signs. All easements which are not named differently from the roadway from which they originate, shall have an address sign installed and maintained, listing all street numbers occurring on that easement located where the easement 25 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 22 intersects the named roadway. The minimum size of the numbers on that sign shall be four inches in height with a minimum stroke of 3/8 inch and shall contrast with the background. Section 505.4 is added to read: 505.4 Map/Directory. A lighted directory map, meeting current fire department standards, shall be installed at each driveway entrance to multiple unit residential projects and mobile home parks, where the number of units in such project exceeds 15. Section 506.1 is modified to read: 506.1 Key Boxes. When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life saving or firefighting purposes, the fire code official is authorized to require a key box to be installed in an accessible location. The key box shall be a type approved by the fire code official and shall contain keys to gain necessary access. Section 506.2.1 is added to read: 506.2.1 Emergency Key Access. All central station-monitored fire detection systems and fire sprinkler systems shall have an approved emergency key access box on site in an approved location. The owner or occupant shall provide and maintain current keys for the structure(s) for fire department placement in the box and shall notify the fire department in writing when the building is re-keyed. Section 507 .2.2 is modified to read: 507 .2.2 Water Storage Tanks. Water storage tanks, when permitted by the fire code official, shall comply with Table No. 507.2.2 and installed in accordance with NFPA 22. TABLE NO. 507.2.2 Gallons Per Building Minute Water Capacity Duration Square Feet Flow Gallons Minutes Up to 3,600 10,000 40 3,601 to 7,700 250 15,000 60 7,701 and above 333 20,000 60 When the exposure distance is 100 feet or less from an adjacent property or the severity of the potential fire risk has been determined to exist, an increase in water storage may be required by the fire code official. 1. Tank elevation shall be equal to or higher than the fire department connection on the premises. Regardless of domestic use, all tanks shall be equipped with a device that will ensure that the tank contains the designated amount of water for fire flow duration as 26 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 23 determined by the Fire Department. Tank size may be increased to serve multiple structures on a single parcel. 2. The supply outlet shall be at least four inches in diameter from the base of the tank to the point of outlet at the fire department connection. The fire department connection shall be at least one 4-inch National Standard Thread (male), reduced to one 2½-inch National Standard Thread (male). Additional outlets may be required. 3. Tanks that are supplied by municipal water, when permitted by the fire code official, shall have a capacity of 10,000 gallons provided that the sole use of these tanks is for fire protection purposes. 4. Location of fire department outlet shall be determined on the plot plan when submitted to the fire department. Consideration will be given to factors such as topography, elevations, and distance from structures, driveway access, and prevailing winds. 5. The outlet shall be located along an access roadway and shall not be closer than 50 feet or further than 150 feet from the structure. 6. All exposed tank supply pipes shall be of an alloy or other material listed for above- ground use. Adequate support shall be provided. 7. Water storage tanks shall be constructed from materials approved by the fire code official and installed per manufacturer recommendations. 8. The fire code official may require any necessary information be submitted on a plot plan for approval. 9. Vessels previously used for products other than water shall not be permitted. Section 507.3 is modified to read: 507.3 Fire Flow Requirements. Fire flows shall be based on Appendix B. Consideration should be given to increasing the gallons per minute set forth in Appendix B to protect structures of extremely large square footage and for such reasons as poor access roads, grade and canyon rims, hazardous brush, and response times greater than five minutes by a recognized fire department or fire suppression company. In hazardous fire areas, the main capacity for new subdivisions shall not be less than 1,500 gallons per minute, unless otherwise approved by the fire code official. If fire flow increases are not feasible, the fire code official may require alternative design standards such as alternative types of construction providing a higher level of fire resistance, fuel break requirements which could include required irrigation, modified access road requirements, specified setback distances for building sites addressing canyon rim developments and hazardous brush areas, and other requirements authorized by this Code and as specified by the fire code official. Section 507.5.7 is added to read: 507.5.7 Fire Hydrant Spacing. Fire hydrant spacing shall be reasonably maintained and not minimized when location is determined by placement of a new structure. The fire 27 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 24 code official shall approve the distance bet·Neen fire hydrants, and fire hydrant locations. Section 507.5.8 is added to read: 507.5.8 Fire Hydrant Systems Construction. The fire code official may require a fire hydrant to have any combination of 4 inch and 2% inch outlets 'Nith National Standard Threads. 15.24.060 Building Services and Systems Section 603.8.1 is modified to read: 603.8.1 Residential Incinerators. Residential incinerators shall be prohibited. 15.24.070 Fire Sprinkler Systems Section 901 .4.7 is added to read: 901.4 .7 Fire Department Connections. Fire hose threads used in connection with fire extinguishing systems shall be National Standard Thread or as approved by the FAHJ. The location of fire department hose connections and control valves shall be approved by the fire code official. Section 903.2 is modified to read: 903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section. For the purpose of fire-sprinkler systems, buildings separated by less than ten feet from adjacent buildings shall be considered as one building. Fire barriers, partitions, and walls, regardless of rating, shall not be considered as creating separate buildings for purposes of determining fire sprinkler requirements. Mezzanines shall be included in the total square footage calculation. Exceptions: 1. Agricultural buildings constructed of wood or metal frames over which fabric or similar material is stretched which are specifically used as green houses are exempt from fire sprinkler requirements unless they are physically connected to other structures. 2. Group U occupancies not greater than 7 49 square feet, when the building is 10 feet or more from an adjacent structure or property line. 28 of 44 December 3, 2019, Item #3.2 All occupancies within the City of Poway: New New Additions -All Occupancies Occupancies Occupancies -(Except Residential) (Except Residential Residential) All buildings Required per Additions of more than 25% of greater than California the square footage of an existing 5,000 sq. ft. Residential building, which results in a Code structure of 5,000 square feet or more, shall be required to be protected throughout the entire structure with a sprinkler system consistent with this section. Section 903.2.1 Is added to read: 29 of 44 Ordinance No. 19- Page 25 Additions -Residential located in the City's very high fire hazard area* Residences may be required to install a Sprinkler system when the proposed addition is more than 749 square feet which results in a structure of 3,600 square feet or more when structurally feasible. Residences may be required to install a sprinkler system when the proposed addition is more than 749 square feet which results in an increase in square footage of more than 50 percent when structurally feasible and when a special hazard such as a substandard water supply or a substandard access exists. Standards for water supply and access are defined by Section 15.24.050 of the Poway Municipal Code. When sprinklers are required under this section, the structure shall be required to be protected throughout the entire structure with a sprinkler system consistent with this section. December 3, 2019, Item #3.2 Section 903.3 is modified to read: Ordinance No. 19- Page 26 903.3 Installation Requirements. Automatic sprinkler systems shall be designed and installed in accordance with Sections 903.3.1 through 903.3.8. The system shall be designed 10% below available water source pressure during peak usage. Section 903.3.1.1.3 is added to read: 903.3.1.1.3 System Design. Occupancies referred to as "spec buildings" wherein no specific end use is identified at the time of plan check, the sprinkler system shall provide a density of 0.45 gallons per minute per square-foot for a 3,000-square-foot design area. Section 903.3.1.3.1 is added to read: 903.3.1.3.12.1 SystemWater Supply Design. Automatic sprinkler systems shall be provided 'Nith the following design features: 1. For ne\•1 buildingsNew structures less than 750 square feet in size located in both the City's water service area and very high fire hazard severity area that require a NFPA 13D life safety sprinkler system,shall be equipped with a minimum of ¾ inch water service line and ¾ inch water meterwatef meters shall be a minimum of 3.'4 inch, and the water service line shall be a minimum of 3/4 inch. 2. For new buildingsNew structures moregreater than 7 49 square feet in size located in the City's water service area that require a NFPA 13D life safety sprinkler system, water meters shall be equipped with a minimum one-inch, and the water service line and SRaU be a minimum of one-inch water meter. 3. For residential additions located in the City's water service area that require a NFPA 13D life safety sprinkler system, water meters shall be a minimum one inch, and the water service line shall be a minimum of one inch. 4. or commercial and industrial occupancies commonly referred to as "spec buildings" wherein no specific end use is identified at the time of plan check, the sprinkler system shall pro11ide a density of .45 gallons per minute per square foot for a 3,000 square foot design area. Section 903.4, Exception 1, is modified to read: Exception 1 -Automatic sprinkler systems with less than 100 fire sprinklers protecting one-and two-family dwellings. 15.24 .090 Flammable Finishes Section 2404.3.3.2 is added to read: 2404 .3.3.2 Spraying Space. Spray operations of flammable finishes are prohibited outside if the spray area e~meeds nine square feet and/or produces vapors that could reach any source of ignition. 30 of 44 December 3, 2019, Item #3.2 15.24. 080400 Fire Safety During Construction Section 3318 is added to read: Section 3318 Fuel Modification Zones Ordinance No. 19- Page 27 3318.1 Fuel modification zone during constructionGeneral. Any person doing construction of any kind which requires a building permit and includes installation of a fuel modification zone, shall remove all flammable vegetation within the approved fuel modification zone prior to the arrival of combustible material on the site and shall maintain during the duration of the project until all elements of approved fuel modification zones are installed and approved. 15.24.09044-G Wildland-Urban Interface Fire Area Section 4903 is added to read: SECTION 4903 FIRE PROTECTION PLAN 4903.1 When Required. The Development Services Department or the FAHJ may require an applicant for a parcel map, subdivision map, minor development review application, development review, specific plan or major use permit for any property located in a wildland-urban interface fire area to submit a Fire Protection Plan (FPP) as part of the approval process. 4903.2 Content. The FPP shall consider location, topography, geology, aspect, combustible vegetation (fuel types), climatic conditions and fire history. The plan shall address the following in terms of compliance with applicable codes and regulations, including but not limited to: water supply, vehicular and emergency apparatus access, travel time to nearest serving fire station, structural ignitability, structure set back, ignition- resistive building features, fire protection systems and equipment, impacts to existing emergency services, defensible space and vegetation management. The plan shall recommend measures to reduce the ignitability of structures throughout the area being addressed. Section 4907.2 is added to read: 4907.2 General Fire Setbacks. Buildings and structures located within a wildland-urban interface fire area shall be setback a minimum of 30 feet from property lines and biological open space easements unless the Poway Municipal Code requires a greater minimum or if existing legally permitted buildings and structures are located within 30 feet of the property line (legal nonconforming), then the existing distance from the property lot line established by the nonconforming portion of the building shall be used as the required setback distance for any detached accessory structures or additions to that building. When the property line abuts a roadway, the setback shall be measured from the farthest roadway edge. Exception: When the fire code official determines the hazard from a wildland fire is not 31 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 28 significant or when the terrain, parcel size or other constraints on the parcel make the required setback infeasible, this setback may be reduced to less than 30 feet when additional measures are employed to the satisfaction of the fire code official. No other exceptions to the General Fire Setback is permissible except for the creation of Accessory Dwelling Units and Junior Accessory Dwelling Units as defined in PMC Title 17. Section 4907 .3 is added to read: 4907 .3 Structure Setback from Slope. Single-story structures shall be setback a minimum 15-feet horizontally from top of slope to the farthest projection from a roof. A single-story structure shall be less than 12-feet above grade. A two-story structure shall be setback a minimum of 30-feet horizontally from top of slope to the farthest projection from a roof. Structures greater than two stories may require a greater setback when the slope is greater than 2 to 1. Exceptions: 1. Structures constructed with a noncombustible exterior wall adjacent to the slope, no openings adjacent to the slope, no combustible attachments to the exterior wall adjacent to the slope, and no roof eaves adjacent to the slope. 2. There exists no open wildland fuel area directly adjacent or juxtaposed to the structure, and, the slope is directly adjacent to developed parcels with fuel management principals in place. 3. The fire code official determines the hazard to be minimal. Section 4907.4 is added to read: 4907.4 Fuel Modification. A person owning, leasing, controlling, operating or maintaining a building or structure in or adjoining a hazardous fire area, and a person owning, leasing or controlling land adjacent to a building or structure in or adjoining a hazardous fire area shall maintain an effective fuel modification zone by removing, clearing or modifying combustible vegetation and other flammable materials from areas within 100-feet from each building or structure, or as determined by the fire code official. With the approval of the fire code official, the width of the fuel modification zone may be reduced where ignition-resistant construction or other mitigation measures are implemented. The fuel modification zone shall be maintained according to applicable defensible space and vegetation management policies, the Wildfire Defensible Space Program and the Landscape and Irrigation Design Manual. Exceptions: 1. Single specimens of trees, ornamental shrubbery or similar plants used as ground cover, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure. 2. With the approval of the fire code official, the \•1idth of the fuel modification zone may be reduced where ignition resistant construction or other mitigation measures are implemented. 32 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 29 i Figure 4907.4 Measurements of Fuel Modification Distance i . Unmodified Fuel Horizontal B rn Horizontal plane Unmodified Fuel .......................................................................................................................................................................................................... ___ ......................................................................................................................... . Section 4907.4.1 is added to read: 4907.4.1 Fuel Modification of Combustible Vegetation from Sides of Roadways. The FAHJ may require a property owner to modify combustible vegetation in the area within 20 feet from each side of the driveway or a public or private road adjacent to the property to establish a fuel modification zone. The FAHJ has the right to enter private property to insure the fuel modification zone requirements are met. Exception: The FAHJ may reduce the width of the fuel modification zone if it will not impair access. Section 4907.4.2 is added to read: 4907.4.2 Community Fuel Modification. The FAHJ may require a developer, as a condition of issuing a certificate of occupancy, to establish one or more fuel modification zones to protect a new community by reducing the fuel loads adjacent to a community and structures within it. Section 4907 .§~ is added to read: 4907 .§~Land Ownership. Once a fuel modification zone has been established under section 4907.4.-2, the land on which the zone is located shall be under the control of an association or other common ownership established in perpetuity, for the benefit of the community to be protected. Section 4907.§a is added to read: 4907.§a Maintenance of Defensible Space. Any person owning, leasing, controlling, operating or maintaining a building or structure required to establish a fuel modification zone shall maintain the defensible space. The FAHJ may enter the property to determine 33 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 30 if the person responsible is complying with this section. The FAHJ may issue an order to the person responsible for maintaining the defensible space directing the person to modify or remove non-fire resistant vegetation from defensible space areas, remove leaves, needles and other dead vegetative material from the roof of a building or structure, maintain trees as required or to take other action the FAHJ determines is necessary to comply. Section 4907.5.1 is added to read: 4907.5.1 Trees. Horizontal clearance from tree cro>.vns to structures shall be pruned to maintain a minimum of ten feet for fire resistive trees and 30 feet for non fire resistive trees. Tree cro>.vns within the defensible space shall be pruned to remo>1e limbs located less than six feet abo>1e the ground surface adjacent to the trees. Portions of tree crowns that extend within ten feet of the outlet of a chimney shall be pruned to maintain a minimum horizontal clearance of ten feet. Dead >.·1ood and litter shall be regularly removed from trees. Ornamental trees shall be limited to groupings of two to three trees with canopies for each grouping separated horizontally as described in Table 4907.5.1. TABLE 4907.5.1 DISTANCE BEn/\JEEN TREE CANOPIES Distances Between Edge of Mature Tree Canopies Zone A No more than three trees per cluster; minimum distance between clusters or indi>1idual non clustered trees is 20 feet Zone B No less than 2x the diameter of the species' mature canopy. Section 4907.5.2 is added to read: 4907.5.2 Orchards, Groves, or Vineyards. All orchards, groves, and vineyards shall be kept in a healthy state and maintained as described below. A ten foot firebreak shall be cleared between the perimeter of the orchard trees or row of grape vines and native vegetation or ornamental landscaping. Orchards shall be kept clean of dead and/or downed trees. Orchards and vineyards shall be free of combustible debris including, but not limited to, dead branches and dead foliage. All dead grasses between ro>Ns of trees or vines shall be removed. Section 4907.5.3 is added to read: 4907.5.3 Eucalyptus Forests and Oak Woodlands. All forests and woodlands shall be kept in a healthy state and maintained as described belo>.v. The forest or >.•1oodlands shall be free of all dead, dying, or diseased trees (excluding tree stumps no higher than six inches abo>1e the ground). Dead, dying, or diseased trees shall include insect infested trees and trees that are no longer living, in the last stages of growth, or infected by a pathogen of any type. If combustible vegetation is located underneath the drip line of a 34 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 31 tree, the 101.vest branch shall be at least three times as high as the understory brush or grasses, or 10 feet, 1.vhichever is greater. rire1.vood shall be neatly stacked and shall have a minimum of 30 feet of clearance (no vegetation) around the entire firewood storage area. Debris and trimmings produced by the removal process shall be removed from the site, or if left, shall be converted into mulch by a chipping machine and evenly dispersed to a maximum depth of six inches. Section 4907.Z6 is added to read: 4907 .Z6 Landscape Plans. Landscape plans are required for new residential custom homes, production tract homes, multi-family residential, and commercial buildings. Landscape plans shall be submitted and approved by the Development Services Department and the fire code official prior to the issuance of a building permit. Landscape plan submittals shall follow the submittal requirements found in the Landscape and Irrigation Design Manual and shall, at a minimum, include a readable scale, the delineation of 100-foot fuel modification zones, the existing vegetation, all irrigated areas, a plant legend with both botanical and common names, and identification of all plant material symbols. The fire code official may expand or reduce the distance of the fuel modification zones based on project location, surrounding vegetation, and topography. Section 4907.6.1 is added to read: 4907.6.1 Landscape Requirements. All plant materials used shall be from the list of suggested fire resistive plant species identified in the Landscape and Irrigation Design Manual. The addition of plant material to the approved list 1.vill be at the discretion of the Development Services Department and fire code official. Section 4907.L.1~ is added to read: 4907.L.1~ Landscape Installation. All landscaping shall be installed prior to final inspection for issuance of a certificate of occupancy. 15.25.100-1-20 Fireworks Display Section 5608.1 is modified to read: 5608.1 General. Outdoor fireworks displays, use of pyrotechnics before a proximate audience and pyrotechnic special effects in motion picture, television, theatrical and group entertainment productions shall comply with California Code of Regulations, Title 19, Chapter 6 and Poway Municipal Code. The Fire ChiefDirector of Safety Services is the Issuing Officer for any fireworks permit required by this Chapter. The Fire ChiefDirector of Safety Services may delegate the duties of Issuing Officer at his or her discretion. Section 5608.1.1 is modified to read: 5608.1.1 Scope. The possession, manufacture, sale, storage, use and display of fireworks are prohibited in the City of Poway except as provided in the Poway Municipal Code. 35 of 44 December 3, 2019, Item #3.2 15.24.1104-JG Flammable and Combustible Liquids Section 5704.2.9.6.1 is modified to read: Ordinance No. 19- Page 32 5704.2.9.6.1 Location Where Above-Ground Storage Tanks are Prohibited. The limits referred to in Sections 5704.2.9.6.1 and 5706.2.4.4 of the 201~J California Fire Code and the 201§2 International Fire Code in which storage of flammable or combustible liquids in outside above-ground tanks is prohibited are hereby established as the jurisdictional limits of the City of Poway (see e*ceptions at Section 5704 .2.9.6.1 ). Exceptions: 1. With the fire code officialGhief's approval, Class I and II liquids may be stored above- ground outside of buildings in specially designed, approved, and listed containers which have features incorporated into their design which mitigates concerns for exposure to heat, ignition sources, and mechanical damage. Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment. The fire code officialGhief may disapprove the installation of such containers when in his or her opinion, their use presents a risk to life or property. Storage in such tanks on any site shall not exceed 550 gallons for Class I or 1,100 gallons of Class II liquids. In no case shall such storage be permitted within 100 feet of any residential or institutional setting. Venting shall meet Fire Code and Air Pollution Control District standards, "No Smoking" signs shall be provided, and the tank shall be marked accordingly. 2. Crankcase draining may be stored in specially constructed above-ground storage tanks, approved by the fire code officialGhief with a maximum capacity of 550 gallons. Such tanks may be located within a building when the fire code officialGRie-f deems appropriate, and the container must be a specially designed, approved, and listed container which has features incorporated into its design which mitigate concerns for exposure to heat, ignition sources, and mechanical damage. Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment. In no case shall such storage be permitted in residential or institutional property. 3. With the fire code officialGhief's approval, temporary storage of a maximum of 10,000 gallons of Class II liquids may be permitted for a period not to exceed 90 days at remote construction sites and earth-moving projects consistent with Sections 5704 and 5706. The following criteria shall be applied in areas within the South Poway Business Park, which are designated commercial, light industrial, or industrial park. With the fire code officialGhief's approval, Class I and II liquids may be stored above-ground outside of buildings in specially designed, approved, and listed containers which have features incorporated into their design which mitigate concerns for exposure to heat (two-hour fire resistance), ignition sources, and mechanical damage. Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment. Storage in such tanks on any site shall not exceed 5,000 gallons for Class I or 10,000 gallons for Class II liquids. The fire code officialGhief may disapprove the installation of such containers when, in the fire code officialGhief's opinion, their use presents a risk to life or property. In no case shall such storage be permitted on residential or institutional property. A permit shall be obtained from the Fire Department following 36 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 33 the approval of submitted plans prior to installation. Tanks shall be required to be secured by fencing and to have appropriate signage. The City's Dei.<elopment Services Director shall determine methods of visually screening these tanks. In no case shall such installation be permitted ,.vithin 50 feet of any building or property line which can be built upon, including the opposite side of a public way, unless an alternative design method for such installation is approved by the Fire Department and by any other appropriate City of Po,Nay departments deem necessary, including the City's oe,,elopment Services Department. Temporary above-ground tanks for storage of Class I liquids of a maximum capacity of 550 gallons or Class II tanks with a maximum capacity of 10,000 gallons may be installed for a maximum of 90 days under specific restrictions and safeguards, on remote, isolated, secured construction sites, earth-moving projects, gravel pits, or borrow pits when approved by the fire code officialGAief. Section 5705.2.4 is modifiedaGGee to read: 5705.2.4 Transferring Class I, II or Ill liquids. Class I or II liquids or Class Ill liquids that are heated up to or above their flash points shall be transferred by one of the following methods: 1. From safety cans complying with UL 30. 2. Through an approved closed piping system. 3. From containers or tanks by an approved pump taking suction through an opening in the top of the container or tank. 4. Approved engineered liquid transfer system. Exception: Liquids in containers not exceeding a 5.3-gallon (20 L) capacity. Section 5706.2.4.4 is modified to read: 5706.2.4.4 Locations where above-ground tanks are prohibited. The geographic limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited in residential areas is hereby established as jurisdiction limits of the City of Poway. Section 5706.2.5.2.1 is added to read: 5706.2.5.2.1 Limitations on tanks for gravity discharge. Gravity dispensing of Class I or II liquids or Class Ill liquids that are heated up to or above their flash points is prohibited. Dispensing devices for flammable and combustible liquids shall be of an approved type. Approved pumps taking suction from the top of the tank shall be used. Flammable or combustible liquids shall not be dispensed by a device that operates through pressure within a storage tank. Air or oxygen shall not be used to pressurize an aboveground tank. Section 5706.2.8.2 is added to read: 5706.2.8.2. Tank vehicle as a substitute for permanent tank prohibited. The use of a tank vehicle in a stationary manner as a substitute for an approved above-ground or below-ground fuel tank is prohibited. Section 5806.2 is modified to read: 37 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 34 5806.2 Limitations. The geographic limit in which the storage of flammable cryogenic fluids in stationary containers is prohibited is hereby established as jurisdiction limits of the City of Poway. 15.24.120440 Liquefied Petroleum Gases Section 6104.2 is modified to read: 6104.2 Maximum Capacity Within Established Limits. The geographic limits in which the bulk storage of liquefied petroleum gas is prohibited for the protection of heavily populated and congested areas is hereby established as jurisdiction limits of the City of Poway except for areas specifically zoned by the City for such uses. Section 6107.5 is added to read: 6107.5 Securing Tanks to Ground (Liquefied Petroleum Gases). Tanks shall be secured to prevent the tank from rolling or moving when required by the FAHJ. 15.24.1304+0 Chapter 80 Referenced Standards The following referenced standard of the California Fire Code is modified to read: NFPA 13D is modified to read: Section 7.1.5 is added to read: 7.1.5 Pressure-regulating valve. When available system water pressure exceeds 150 psi, a listed/approved pressure-regulating valve shall be installed at the system riser. Such valves shall be adjusted to restrict the outlet pressure to a maximum of 150 psig at any flow or no flow. When such valves are installed submittal documents must include manufacturer information sheets along with charts showing the dimensions (size) and flow characteristics inlet and outlet pressures at various flows for the type of valve being installed, and the valve shall be included in the design calculations. Exception: At the discretion of the FAHJ the contractor may install a listed/approved pressure relief valve, piped to the system main drain, set to relieve the pressure at 175 psig, provided the available supply pressure does not exceed 175 psig. Section 7.2.5 is modified to read: 7.2.5 Inspector Test. Each sprinkler system shall have a½" or larger test connection with a threaded keyless valve. The valve shall be remote to the riser, located on the building exterior about five 5 feet above final grade and shall be remote from the riser. It shall be labeled with a permanent plate with minimum ¼" lettering, contrasting with background, and stating: "INSPECTOR TEST". (Pre-assembled riser assemblies with a built-in Drain/Test valve shall not be accepted for inspector test valve unless approved by the FAHJ.) 38 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 35 Exception: Automatic fire sprinkler systems for manufactured homes installed at the factory may have the inspectors test valve located at the location as designed at the factory. Section 7.3.3 is added to read: 7.3.3 Pressure gauge. A listed 300 psi pressure gauge shall be permanently installed at the riser. Section 7.6 is modified to read: 7.6 Alarms. A water flow switch shall be provided and located on the sprinkler riser above the check valve and main drain and shall actuate an audible fire alarm signal bell. The water flow switch shall be a retarding type with a delay between 15-60 seconds before activation of the signal bell. Alarm bell shall have a minimum diameter of 8 inches and be mounted on the exterior in the vicinity of the master bedroom. The alarm bell shall be clearly audible in all bedrooms with intervening doors closed. Section 8.3.4 is modified to read: 8.3.4. Sprinklers may be omitted from carports and open attached porches when less than 4-feet in depth. However, attached garages shall be protected with intermediate temperature rated sprinklers with not more than 150 sq. ft. head spacing. Sprinkler heads in garages shall be protected against mechanical damage by approved guards, unless recessed heads are provided. Garage doors may be disregarded in the layout of the fire sprinkler system. Section 8.3.5.1.1 is modified to read: 8.3.5.1.1. Where the fuel-fired equipment is above all of the occupied areas of the dwelling unit, at least one quick-response intermediate temperature sprinkler shall be installed above the equipment. Section 10.2.4.1 is added to read: 10.2.4.1 3-Head Calculation. When design conditions exceed the allowances of Section 10.2, a three-sprinkler head calculation may be required by the FAHJ. Section 10.2.5 is added to read: 10.2.5 Pressure Cushion. The system shall be designed 10% below available 'Nater source pressure during peak usage. Section 11.2.1.1 is modified to read: 11.2.1.1 Hydrostatic Tests. Where a fire department connection is not provided, the system shall be hydrostatically tested at 200 psi for 2 hours. Manufactured or mobile homes shall be tested at 100 psi or as specified on the manufacture's nameplate. 39 of 44 December 3, 2019, Item #3.2 15.24.1404-SG Appendix B, Fire-Flow Requirements for Buildings Section 8103.3 is modified to read: Ordinance No. 19- Page 36 8103.3 Areas Without Water Supply Systems. For information regarding water supplies for firefighting purposes in rural areas and suburban areas in which adequate and reliable water supplies do not exist, the fire code official is authorized to utilize provisions in NFPA 1142 or the standard published by the Insurance Services Office document entitled Guide for Determination of Required Fire Flow. 15.24.1504-QQ Conflict. All other ordinances or parts of ordinances in conflict herewith are hereby repealed. Wherever a conflict exists in this chapter, the more restrictive requirement shall apply. SECTION 6: This Ordinance shall be codified. SECTION 7: 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. 40 of 44 December 3, 2019, Item #3.2 Ordinance No. 19- Page 37 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 3rd day of December, 2019, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 17th day of December, 2019, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 41 of 44 December 3, 2019, Item #3.2 EXHIBIT A Findings Supporting the City of Poway Amendments to the California Fire Code, 2019 Edition: As required by Health and Safety Code Section 17958, the Poway City Council does herewith make express findings that amendments to the ICC WUI Code are necessary for the protection of the public health, safety, and welfare due to certain climatic, topographic, or geological features existing in the County of San Diego. Findings for the City of Poway amendments to the California Fire Code, 2019 Edition. FINDING 1 The City of Poway is situated on the slopes and at the base of the coastal mountains with drainage from the eastern portion of the City of Poway, including the San Dieguito River and Rancho Penasquitos Creek, which, when flooded, could result in conditions rendering vehicular access unduly burdensome or impossible for the Fire Department. Further, the flood conditions described above carry the potential for overcoming the ability of the Fire Department to aid or assist in fire control, evacuations, rescues, and the emergency tasks and demands inherent in such situations. The potential for the aforementioned flooding conditions to result in limiting Fire Department emergency vehicular traffic, with resulting overtaxing Fire Department personnel, may further cause a substantial or total lack of protection against fire for the buildings and structures located within the jurisdiction. FINDING 2 The City of Poway is situated near several known major faults, each capable of generating earthquakes of significant magnitude. These include the Rose Canyon fault the Newport- Inglewood fault, the Coronado Banks fault, and the Silver Strand fault, (located generally west of the City of Poway), and the Elsinore fault and Agua Caliente fault (located east of the City of Poway). These faults are subject to activity at any time, and the City of Poway is particularly vulnerable to devastation should such an earthquake occur. The potential effects of earthquake activity include, isolating the City of Poway from the surrounding area, restricting or eliminating internal circulation due to the potential for the collapse of highway overpasses and underpasses along with other bridges in the City, or an earth slide and the potential for vertical movement rendering surface travel unduly burdensome or impossible. FINDING 3 The City of Poway and Southern California are semi-arid regions and experience water shortages from time to time. Those shortages can have a severely adverse effect on water availability for firefighting. Fires starting in sprinkled buildings are typically controlled by one or two sprinkler heads flowing as little as 13 gallons per minute per sprinkler head activation. Hose streams used by engine companies on well-established structure fires operate at a minimum of about 250 gallons per minute each, and the estimated water need for a typical residential fire is 1,000 to 1,500 gallons per minute, according to the Insurance Service Office and the California Fire Code. 42 of 44 1 December 3, 2019, Item #3.2 Under circumstances such as lack of water, infrastructure, earthquakes, and multiple and wildland fires within a community, the limited water demands of residential fire sprinklers would control and extinguish many fires before they spread from building to wildland. In such a disaster, water demands needed for conflagration firefighting probably would not be available. FINDING 4 The topography of the City of Poway presents problems in delivery of emergency services, including fire protection. The hilly terrain has narrow, winding roads with little circulation, preventing rapid access and orderly evacuation. Much of these hills are covered with highly non-fire resistive natural vegetation. In addition to access and evacuation problems, the terrain makes delivery of water extremely difficult. Some hilly areas served by water tank and pump systems are subject to failure in fire, high winds, earthquake, and other power failure situations. FINDING 5 The seasonal climatic conditions during the late summer and fall create numerous serious difficulties regarding the control of, and protection against, fires in the City of Poway. The hot, dry weather that is typical of this area in summer and fall, coupled with Santa Ana winds and low humidity, frequently result in wildfires that threaten, or could threaten, the City of Poway. Although some Code requirements, such as fire-resistive roof classification, have a direct bearing on building survival in a wildland fire situation, others, such as residential fire sprinklers, may also have a positive effect. In a dry climate on low humidity days, many materials are much more easily ignited. More fires are likely to occur and any fire, once started, can expand extremely rapidly. Residential fire sprinklers can arrest a fire starting within a structure before the fire is able to spread to adjacent brush and structures. A seasonal wind also has the potential for interfering with emergency vehicle access and delaying or making impossible fire responses because of toppling of extensive plantings of dense chaparral, eucalyptus, and conifer trees. The trees are subject to uprooting in strong winds due to their relatively small root bases compared to the tree itself. The aforementioned problems support the imposition of fire-protection requirements greater than those set forth in the California Building Code or Fire Code. FINDING 6 Due to the topography in much of the City of Poway, roadway condition, gates, angle of approach or departure, steeply sloping roadways, and grades are common. In addition, a combination of potentially severe rainstorms and ground-water retention could occur in many areas of the City where there is expansive soil. This produces a condition wherein the moisture content of the soil is sufficient, that roadways become damaged due to soil expansion and shrinkage. All-weather, paved surfaces, capable of supporting the imposed loads of fire apparatus are necessary to ensure access of emergency response personnel. These roadways, gates, approach angles, steep slopes, and grades can also make it difficult for fire apparatus and other emergency vehicles to access a site. It is, therefore, essential that these roadway accesses be provided with proper all-weather, paved surfaces, angle of approach, grades, and gate access. FINDING 7 The City of Poway has State Route 67, Poway Road, Scripps Poway Parkway, Pomerado Road and Espola Road as major roadways within its boundaries. Transportation vehicles carrying known toxic, flammable, explosive, and hazardous materials travel these roadways. 43 of 44 2 December 3, 2019, Item #3.2 The potential for the release or threatened release of hazardous materials along these routes is likely given the volume that is transported within Poway city limits. Incidents of this nature will normally require all available emergency response personnel to prevent injury and loss of life and to limit or prevent environmental and property loss. Emergency personnel responding to such aforementioned incidents may be unduly impeded and delayed in accomplishing an emergency response as a result of this situation, with the potential result of undue and unnecessary risk to the protection of life and public safety and, in particular, endangering residents and occupants in buildings or structures without the protection of automatic fire sprinklers. The aforementioned problems support the imposition of fire protection requirements greater than those set forth in the California Building Code or Fire Code. 44 of 44 3 December 3, 2019, Item #3.3 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT December 3, 2019 Honorable Mayor and Members of the City Council Robert J . Manis, Director of Development Services ~ Austin Silva , Senior Planner ~) 858-668-4658/asilva@poway.org General Plan Amendment 19-002 and Zone Change 19-002 ; a request to change the General Plan land use designation and Zoning designation of parcels, or portions thereof, to the Open Space- Resource Management Zoning designation . This action is a request to redesignate 53 parcels, or portions thereof, that have been dedicated by a property owner/developer as biological mitigation land, or purchased by the City for the preservation of open space land. The current zoning and land use designation of the properties are Rural Residential A (RR-A), Rural Residential B (RR-B), Rural Residential C (RR-C), Planned Residential Development (PRO, Residential Single-Family Zone 2 (RS-2), Residential Single- Family Zone 4 (RS-4), or Residential Condominium (RC ). The zoning and land use designations will be changed to Open Space-Resource Management (OS-RM). The proposed areas for redesignation range in size from 0.22 acres to 38 .67 acres and are located throughout the City. The combined parcel acreage is 166.37 acres. Recommended Action: It is recommended that the City Council take public input; close the public hearing , approve the Resolution and introduce the Ordinance for first reading by title only, waive further reading , and schedule adoption of the attached ordinance for December 17 , 2019. Discussion: In the summer of 1995, the City Council adopted the Poway Subarea Habitat Conservation Plan (HCP). The HCP is a program des igned to preserve and protect biologically sensitive, threatened, and endangered plant and animal species and habitats. The HCP requires that land over which Biological Conservation Easements (BCE) have been recorded be redesignated to Open Space- Resource Management (OS-RM ) to ensure the preservation of the land as open space. The areas dedicated for mitigation, and encumbered by a BCE, are primarily the result of private development projects that have impacted various vegetative communities , primarily Coastal Sage Scrub. With this action, 53 parcels of land or portions thereof, total ing 166.37 acres that range in size from 0.22 acres to 38.67 acres, would be redesignated . These properties were dedicated by a property owner/developer as bio logical mitigation land over which a BCE has been recorded or purchased by the City for the preservation of prominent ridgelines , or undeveloped land intended for open space purposes. 1 of 15 December 3, 2019, Item #3.3 A majority of the parcels are located within the boundaries of the HCP mitigation area and the land use changes being requested are pursuant to procedures outlined in the Poway HCP and Implementing Agreement. This requires land over which a BCE has been recorded to be appropriately redesignated to ensure that the mitigation land remains as open space, in its natural condition and in perpetuity. General Plan and Zoning The OS-RM zone is intended for lands where valuable natural resources are located and includes mountainous areas, prominent ridgelines, riparian areas, wildlife corridors, areas of high biological value, and areas with historic and prehistoric resources. The goal of this zone is to preserve open space for the conservation of natural and cultural resources and to maintain the natural character of the land. Staff recommends that the land use and zoning of the parcels, or portions thereof, described above and identified in the attached maps (Attachment C), be re-designated from their original zoning designation of Rural Residential -A, B, C, Planned Residential, Residential Single-Family Zone 2 and 4, Residential Condominium or Planned Community (RR-A, RR-8, RR-C, RS-2, RS- 4, RC or PC) to OS-RM. The proposed redesignation is appropriate to maintain land use compatibility with surrounding open space parcels and low-density residential zones, and will preclude the potential intensification of land use in these biologically sensitive areas, and implement policies of the HCP. The parcels to be redesignated are as follows: 321-110-46 from RR-A to OS-RM 321-110-32 from RR-A to OS-RM 317-021-18 from RR-C to OS-RM 277-230-07 from RR-A to OS-RM 277-220-10 from RR-A to OS-RM 277-201-11 from PC-4 to OS-RM 277-220-36 from RR-A to OS-RM 277-230-06 from RR-A to OS-RM 323-520-01 from RR-C to OS-RM 314-372-05 from RR-C to OS-RM 314-372-03 from RR-C to OS-RM 314-372-09 from RR-C to OS-RM 321-271-50 from RR-A to OS-RM 277-020-14 from RR-A to OS-RM 277-220-34 from RR-A to OS-RM 314-651-24 from RS-2 to OS-RM 314-370-04 from RR-A to OS-RM 321-100-24 from RR-A to OS-RM Environmental Review: 321-111-23 from RR-A to OS-RM 276-070-36 from RR-A to OS-RM 317-021-30 from RR-C to OS-RM 321-250-11 from RR-A to OS-RM 276-140-22 from RR-A to OS-RM 273-133-11 from RS-2 to OS-RM 278-423-09 from PRD-1 to OS-RM 321-260-29 from RR-C to OS-RM 314-840-05 from RR-B to OS-RM 314-372-04 from RR-C to OS-RM 314-372-08 from RR-C to OS-RM 314-372-01 from RR-C to OS-RM 321-271-51 from RR-A to OS-RM 321-111-26 from RR-A to OS-RM 314-840-09 from RR-A to OS-RM 323-290-12 from RR-C to OS-RM 314-031-03 from RR-A to OS-RM 317-740-66 from RC to OS-RM 277-220-07 from RR-A to OS-RM 277-220-30 from RR-A to OS-RM 314-840-06 from RR-A/B to OS-RM 314-840-18 from RR-A to OS-RM 277-010-15 from RR-A to OS-RM 317-490-86 from RC/RS-4 to OS-RM 314-840-02 from RR-A to OS-RM 323-092-14 from RR-C to OS-RM 321-110-31 from RR-A to OS-RM 314-372-06 from RR-C to OS-RM 314-372-02 from RR-C to OS-RM 314-372-10 from RR-C to OS-RM 321-271-52 from RR-A to OS-RM 277-020-27 from RR-A to OS-RM 321-420-15 from RR-A to OS-RM 277-020-31 from RR-A to OS-RM 321-100-22 from RR-A to OS-RM This project is categorically exempt from the California Environmental Quality Act (CEQA) as a Class 8 Categorical Exemption, pursuant to Section 15308 of the CEQA Guidelines, in that the project involves a General Plan Amendment and Zone Change for the purpose of preserving habitat and protecting the environment. Fiscal Impact: None. 2 of 15 December 3, 2019, Item #3.3 Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on November 21 , 2019 and mailed to 53 property owners and property owners within 500 feet of each parcel. Attachments: A Resolution Approving General Plan Amendment 19-002 B. Ordinance Approving Zone Change 19-002 C. City-wide map of parcels of consideration for General Plan/Zoning designation change Reviewed/Approved By : Wendy serman Assistant City Manager 3 of 15 Reviewed By: Alan Fenstermacher City Attorney Approved By : City Manager December 3, 2019, Item #3.3 RESOLUTION NO. P-19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN OF THE CITY OF POWAY GENERAL PLAN AMENDMENT 19-002 WHEREAS, the City Council of the City of Poway recognizes that the need may arise to amend the City's General Plan; WHEREAS, Section 65350, et seq., of the California Government Code describes the procedures for amending General Plans; WHEREAS, Section 17.46.0208 of the Poway Municipal Code (Zoning Ordinance) provides that a change in the boundaries of any zone or a change in regulations may be initiated by Resolution of the City Council; WHEREAS, the change in the General Plan Land Use Designation implements the requirements of the Poway Habitat Conservation Plan, and its accompanying Implementing Agreement, by requiring a change in designation of the land over which a Biological Conservation Easement has been recorded to Open Space-Resource Management to ensure the performance of the mitigation land or undeveloped land in open space and as native habitat; WHEREAS, General Plan Amendment (GPA) 19-002 consists of the change in designation of 53 parcels, or portions thereof, that have been dedicated by a property owner/developer as biological mitigation land, or purchased by the City for the preservation of open space land. The current zoning and land use designations of the properties are Rural Residential-A (RR-A), Rural Residential-8 (RR-8), Rural Residential-C (RR-C), Residential Single-Family Zone 2 (RS-2), Residential Single-Family Zone 4 (RS-4), Residential Condominium (RC) or Planned Residential Development (PRO) to Open Space-Resource Management (OS- RM); WHEREAS, the 53 parcels or portions thereof, are located throughout the City and incorporated by reference herein as Attachment C to the Agenda Report, and identified as Accessor Parcel Numbers (APNs): 321-110-46 from RR-A to OS-RM 321-110-32 from RR-A to OS-RM 317-021-18 from RR-C to OS-RM 277-230-07 from RR-A to OS-RM 277-220-10 from RR-A to OS-RM 277-201-11 from PC-4 to OS-RM 277-220-36 from RR-A to OS-RM 277-230-06 from RR-A to OS-RM 323-520-01 from RR-C to OS-RM 314-372-05 from RR-C to OS-RM 314-372-03 from RR-C to OS-RM 314-372-09 from RR-C to OS-RM 321-271-50 from RR-A to OS-RM 277-020-14 from RR-A to OS-RM 277-220-34 from RR-A to OS-RM 314-651-24 from RS-2 to OS-RM 314-370-04 from RR-A to OS-RM 321-100-24 from RR-A to OS-RM 4 of 15 321-111-23 from RR-A to OS-RM 276-070-36 from RR-A to OS-RM 317-021-30 from RR-C to OS-RM 321-250-11 from RR-A to OS-RM 276-140-22 from RR-A to OS-RM 273-133-11 from RS-2 to OS-RM 278-423-09 from PRD-1 to OS-RM 321-260-29 from RR-C to OS-RM 314-840-05 from RR-B to OS-RM 314-372-04 from RR-C to OS-RM 314-372-08 from RR-C to OS-RM 314-372-01 from RR-C to OS-RM 321-271-51 from RR-A to OS-RM 321-111-26 from RR-A to OS-RM 314-840-09 from RR-A to OS-RM 323-290-12 from RR-C to OS-RM 314-031-03 from RR-A to OS-RM 317-740-66 from RC to OS-RM ATTACHMENT A 277-220-07 from RR-A to OS-RM 277-220-30 from RR-A to OS-RM 314-840-06 from RR-NB to OS-RM 314-840-18 from RR-A to OS-RM 277-010-15 from RR-A to OS-RM 317-490-86 from RC/RS-4 to OS-RM 314-840-02 from RR-A to OS-RM 323-092-14 from RR-C to OS-RM 321-110-31 from RR-A to OS-RM 314-372-06 from RR-C to OS-RM 314-372-02 from RR-C to OS-RM 314-372-10 from RR-C to OS-RM 321-271-52 from RR-A to OS-RM 277-020-27 from RR-A to OS-RM 321-420-15 from RR-A to OS-RM 277-020-31 from RR-A to OS-RM 321-100-22 from RR-A to OS-RM December 3, 2019, Item #3.3 Resolution No. P-19- Page 2 WHEREAS, on December 3, 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 project and for the associated Zoning Change (ZC) 19-002 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 above recitations are true and correct. SECTION 2: The City Council has considered the project and determined that the project is exempt from the California Environmental Quality Act (CEQA) as a Class 8 Categorical Exemption, pursuant to Section 15308 of the CEQA Guidelines, in that the project involves a General Plan Amendment, Zone Change and Specific Plan Amendment for the purpose of preserving habitat and protecting the environment. SECTION 3: The City Council finds that the proposed General Plan Amendment will assist in the preservation of biological mitigation land, unique biological habitats, and significant topographic features, and would result in a land use designation that is compatible with the adjoining open space and low-density residential land uses, and implements the goals and policies of the City's Habitat Conservation Plan. SECTION 4: The City Council hereby approves GPA 19-002 to change the General Plan land use designation of 53 parcels, or portions thereof, located throughout the City identified by the APNs noted above, from either RR-A, RR-B, RR-C, RS-2, RS-4, RC or PRO to OS-RM. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 3rd day of December 2019 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 5 of 15 December 3, 2019, Item #3.3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES (ZC19-002) WHEREAS, Chapter 17.06 of Title 17 (Zoning Development Code) of the Poway Municipal provides the requirements for the establishment and amendment of zoning districts; WHEREAS, the City Council of the City of Poway has approved a General Plan Amendment GPA 19-002, amending the land use designation of 53 parcels, or portions thereof, from either the Rural Residential A (RR-A), Rural Residential B (RR-8), Rural Residential C (RR- C), Residential Single-Family Zone 2 (RS-2), Residential Single-Family Zone 4 (RS-4), Residential Condominium (RC), Planned Residential Development (PRO) or Planned Community (PC) zone to Open Space-Resource Management (OS-RM) that are located throughout the City; WHEREAS, the City Council finds that the zoning classification of the property should also be changed to maintain consistency with the General Plan as required by Section 65860 of the California Government Code and the California Environmental Quality Act to consider this zone reclassification; WHEREAS, Zone Change 19-002 is proposed to change the Zoning Designation of 53 parcels, or portions thereof, from either the Rural Residential A (RR-A), Rural Residential B (RR- 8), Rural Residential C (RR-C), Residential Single-Family Zone 2 (RS-2), Residential Single- Family Zone 4 (RS-4), Residential Condominium (RC), Planned Residential Development (PRO) or Planned Community (PC) zone to Open Space Resource Management (OS-RM); WHEREAS, the 53 parcels or portions thereof, are located throughout the City and incorporated by reference herein as Attachment C to the Agenda Report; WHEREAS, the proposed change in designation would preserve land over as natural habitat for properties that have been dedicated by a property owner/developer as biological mitigation land, or purchased by the City for the preservation of open space land; WHEREAS, said change is a requirement of the City's Habitat Conservation Plan to ensure that mitigation land remains permanently in open space, WHEREAS, on December 3, 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 project and for associated General Plan amendment GPA 19-002 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 above recitations are true and correct. SECTION 2: The City Council has considered the project and determined that the project is exempt from the California Environmental Quality Act (CEQA) as a Class 8 Categorical 6 of 15 ATTACHMENT B December 3, 2019, Item #3.3 Ordinance No. Page 2 Exemption, pursuant to Section 15308 of the CEQA Guidelines, in that the project involves a General Plan Amendment, Zone Change and Specific Plan Amendment for the purpose of preserving habitat and protecting the environment. SECTION 3: The City Council finds that the proposed Zone Change will assist in the preservation of biological mitigation land, unique biological habitats, and significant topographic features and would result in a land use designation that is compatible with the adjoining open space and low-density residential land uses and implements the goals and policies of the City's Habitat Conservation Plan. SECTION 4: The City Council hereby approves ZC 19-002, a change of zoning designation for 53 parcels, or portions thereof, that have been dedicated by a property owner/developer as biological mitigation land, purchased by the State of California as mitigation land or purchased by the City for the preservation of undeveloped land from RR-A, RR-8, RR-C, RS-2, RS-4, RC, PRO or PC zones to OS-RM. The parcels are located throughout the City and are identified by the following Assessor Parcel Numbers: 321-110-46 from RR-A to OS-RM 321-110-32 from RR-A to OS-RM 317-021-18 from RR·C to OS-RM 277-230-07 from RR-A to OS-RM 277-220-10 from RR-A to OS-RM 277-201-11 from PC-4 to OS-RM 277-220-36 from RR-A to OS-RM 277-230-06 from RR-A to OS-RM 323-520-01 from RR-C to OS-RM 314-372-05 from RR-C to OS-RM 314-372-03 from RR-C to OS-RM 314-372-09 from RR-C to OS-RM 321-271-50 from RR-A to OS-RM 277-020-14 from RR-A to OS-RM 277-220-34 from RR-A to OS-RM 314-651-24 from RS-2 to OS-RM 314-370-04 from RR-A to OS-RM 321-100-24 from RR-A to OS-RM 321-111-23 from RR-A to OS-RM 276-070-36 from RR-A to OS-RM 317-021-30 from RR-C to OS-RM 321-250-11 from RR-A to OS-RM 276-140-22 from RR-A to OS-RM 273-133-11 from RS-2 to OS-RM 278-423-09 from PRD-1 to OS-RM 321-260-29 from RR-C to OS-RM 314-840-05 from RR-B to OS-RM 314-372-04 from RR-C to OS-RM 314-372-08 from RR-C to OS-RM 314-372-01 from RR-C to OS-RM 321-271-51 from RR-A to OS-RM 321-111-26 from RR-A to OS-RM 314-840-09 from RR-A to OS-RM 323-290-12 from RR-C to OS-RM 314-031-03 from RR-A to OS-RM 317-740-66 from RC to OS-RM SECTION 5: This Ordinance shall not be codified. 277-220-07 from RR-A to OS-RM 277-220-30 from RR-A to OS-RM 314-840-06 from RR-A/8 to OS-RM 314-840-18 from RR-A to OS-RM 277-010-15 from RR-A to OS-RM 317-490-86 from RC/RS-4 to OS-RM 314-840-02 from RR-A to OS-RM 323-092-14 from RR-C to OS-RM 321-110-31 from RR-A to OS-RM 314-372-06 from RR-C to OS-RM 314-372-02 from RR-C to OS-RM 314-372-10 from RR-C to OS-RM 321-271-52 from RR-A to OS-RM 277-020-27 from RR-A to OS-RM 321-420-15 from RR-A to OS-RM 277-020-31 from RR-A to OS-RM 321-100-22 from RR-A to OS-RM 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. 7 of 15 December 3, 2019, Item #3.3 Ordinance No. Page 3 INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 3rd day of December 2019, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 17th day of December 2019 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 8 of 15 December 3, 2019, Item #3.3(D 0 -.... UI )> -t -t )> (') :I: !i: m z -t Page-1 BCE-To be rezoned to OS-RM GPA 19-002/ZC19-002/SPA 19-003 Q. .,£> ~ ~~ ~ /. g < '' r ~ , 1/ f---~, ~ q_ ,, I'-.~ ---~ -Oq; -=...;__ I ~OG Q' 0 1---.--------r-'--~ -ff'Q,c( ' 'l ~~:=::;::-..--~---+~r------r-----11~---,__ ! r <i'q~ "'ess \ Ir.;==:;=.=:::::::;?' q_ "'-, /\, \ --t-------'--;c----1 • Ttis map is provided without warranty of any kind. either express Of implied,. including but not rimited to. the implied warranties of merchamabdity and fitness fo, a particular purpose. This map has been prepared f01 desaiptive purposes only and its accuracy cannot be guaranteed. Data compiled from various sources, incllJd[ng (but not limited to): City of Poway, SanGIS, SANDAG. Last updated November. 11. 2019 by Poway GS. December 3, 2019, Item #3.3Page-2 3 5 ,-..-fU BCE-To be rezoned to OS-RM GPA 19-002/ZC19-002/SPA 19-003 /~, l~ Tiess\>\,-_,_--/ \ \~ :---..~-............ -I I J \ - r l,/-~-1 l 'l , l~4~ 7 I----I j This map is provided without warranty of any kind. either express or implied, including but not limhed to, the implied warranties of me.chantability and fitness for a panicular purpose. This map has been prepared for descrtplive purposes only and its aca .. cy cannot be guaranteed. Data compiled from various sources,including (but not limited to): City of Poway, SanGIS, SANDAG. Last updated November, 11, 2019 by Poway GS. December 3, 2019, Item #3.3.... _., 0 -_., CII Page-3 BCE-To be rezoned to Os-RM GPA 19-002/ZC19-002/SPA 19-003 I I -,--) I I 7 I I I -1 L_ I-~_,, t:~ --==--~) I I I I ~ I I I ' I ~ I I ) f 7-l This map iS p,ovided without warranty of any !<ind, either up,ess or implied, including but not ~mited to, the implied warranties of merchantability and fitness for a particular PUIJ)Ose. This map has been prepared fo, descrtptive purposes only and its accuracy cannot be gua,anteecL Data compiled nom vanous ~ces, including (but not limited to): City of Poway, SanGIS, SAN DAG. last updated November, 11, 2019 by Poway GS. December 3, 2019, Item #3.3.... t,.J 0 -.... a, Page-4 BCE-To be rezoned to Os-RM GPA 19-002/ZC19-002/SPA 19-003 -1 ---... I I I ! _.__!__ This map is provided without warrarrty of any kind. either express Of implied. including but not limited 10, Ille implied warranties of mercharnability and fitness for a particular purpose. This map has been prepared for descriptive purposes only and its acc,.sacy cannot be guaranteed. Data compiled from various sources, including (bll1 not nmned to): City of Poway. SanGIS, SANDAG. Last updated November. 11, 2019 by Poway GS. December 3, 2019, Item #3.3Page-5 BCE-Tobe rezoned to OS-RM GPA 19-002/ZC19-002/SPA 19-003 7 This map is provided without warranty of any kind, either express or implied, including but not limited to, the iJT11)1ied warranties of merchamability ~ fitness for a partiaJlar purpose. This map has been prepared for desaiptiYe -se• only and its a=uracy cannot be guaranteed. Data compiled from various sources. including (but not limited to): City of Poway. SanGIS. SAN DAG. Last updated November, 11. 2019 by Poway GS. December 3, 2019, Item #3.3Page-6 BCE-Tobe rezoned to OS-RM GPA 19-002/ZC19-002/SPA 19-003 · This map is provided without warranty of any kind, either express or implie<I, including but not &mited to. the implied warranties of merchantabili1y and fitness for a partic\Jlar purpose. This map has been prepared for desaiptive purposes only and its accuracy carviot be guaranteed. Data oompiled from various sources, including (but not fimited to): City of Poway, SanGIS, SANDAG. Last updated November, 11, 2019 by Poway GS. December 3, 2019, Item #3.3.... U'I 0 -.... U'I Page-7 BCE-To be rezoned to Os-RM GPA 19-002/ZC1 9-002/SPA 1 9-003 l I I t I I _J_ l I I I This map is provided withO<Jt warranty of any kind. elthe< exp<ess or Implied. including but not limited to, the Implied warranties of merchantability and fitness for a particular purpose. This map has been p<epared for descriplive P<Jrposes only and its accwacy cannot be guaranteed. Data compiled from various sources, including (but not limhed to): City of Poway, SanGIS. SANDAG. Last updated r-10>,ember. 11, 2019 by Poway GS. December 3, 2019, Item #3.4 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT December 3, 2019 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /J1, David De Vries , City Planner \)00 ' (858) 668-4604 or ddevries@poway.org Adoption of an Ordinance amending Title 17 of the Poway Municipal Code (PMC) Amending Accessory Dwelling Unit regulations; Zoning Ordinance Amendment (ZOA) 19-003 The State Legislature recently adopted AB 68, AB 881 , SB 13, and SB 330 in an effort to eliminate barriers to housing construction , especially accessory dwelling unit construction . The Poway Municipal Code (PMC) contains regulations for accessory dwelling units in PMC Section 17 .08.180. The proposed Ordinance will amend T itle 17 of the PMC consistent with California State Law and provide local amendments. Recommended Action: It is recommended that the City Council take public input; close the public hearing, introduce the Ordinance for first reading by title only, waive further reading , and schedule adoption fo r December 17, 2019 . Discussion: The State Legislature is concerned about the affordability of housing in California. Recently, the State Legislature adopted AB 68, AB 881 , SB 13, and SB 330 to eliminate barriers to housing construction , specifically accessory dwelling unit construction that the Legislature has determined is a common-sense , cost-effective approach to accommodate future growth and to encourage infill deve lopment in developed neighborhoods. An ADU is an attached or detached residential dwelling unit on the same lot as a residential dwelling which provides complete independent living facilities and may include cooking or kitchen facilities. The California Government Code provides that: 1) ADUs are a valuable form of housing ; 2) ADUs may provide housing for family members , students , the elderly, in-home health care providers, the disabled, and others at below market prices within existing neighborhoods; 3) ADUs may add income and an increased sense of security to homeowners; 4) ADUs will provide additional rental housing stock; 5) ADUs offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; and 6) ADUs are an essential component of California's housing supply. On April 17, 2018, the City Council held a public workshop on the topic of ADU regulations. Staff provided a comparison of several key State ADU provisions and how they were addressed in the PMC. Direction was given to staff on seve ral regulation topics where loca l discretion is allowed. 1 of 15 December 3, 2019, Item #3.4 This included the following: 1) require owner occupancy of either primary residence or ADU; 2) remove the requirement to prove unit will not overburden available sewer and/or water capacity; 3) keep the maximum allowable size of ADU at 50 percent of the primary residence or 1,500 square feet (sf), whichever is less; 4) allow the property owner to decide whether they want a new or separate utility connection to an ADU for new structures only; 5) require ADUs to be subject to the lnclusionary Housing Ordinance; 6) research reductions of impact fees; 7) offer incentives for 30-year affordable housing covenants; 8) keep existing setback requirements; 9) consider removing the option of having a "guest house" and allow only ADUs; and 10) prohibit short term rentals less than 30 days. The ordinance adopted in Fall 2018 reflected City Council's direction and impact fees for ADUs were generally reduced by 50 percent. The City's current ADU ordinance is not consistent with the revised State ADU regulations that become effective January 1, 2020 and will be contained in the California Government Code pursuant to AB 68, AB 881, SB 13, and SB 330. Therefore, the City's ADU ordinance needs to be amended as follows, otherwise the City's local ordinance will be considered to be null and void and the State regulations will apply: 1. A junior accessory dwelling unit (JADU) less than 500 sf within the interior of an existing single-family residence must be accommodated. 2. The minimum area required to be allowed for an ADU increased from 500 sf to 800 sf. 3. The maximum allowable height for an ADU shall be at least 16 feet. 4. The maximum setback for an ADU decreased to be no more than four feet from the side and rear lot lines, except that an addition to a structure not exceeding 150 sf to accommodate an ADU or JADU may encroach into this reduced setback provided that all of the following conditions are met: a. Exterior access is provided, b. Ingress and egress to the JADU is accommodated, and c. The JADU complies with all other requirements of Government Code Section 65852.22. 5. Eliminate lot coverage restrictions. 6. Eliminate requiring the replacement of parking spaces if a garage or carport is demolished or converted to construct an ADU. 7. Revise the exemptions for providing parking for the ADU to include lots located within one-half mile walking distance of a public transit stop instead of lots within one-half mile straight, aka "as the crow flies." 8. Eliminate the Minor Development Review Application (MORA) requirement for ADUs with an area less than 1,200 sf. 9. Allow for multiple ADUs in multi-family dwellings (such as apartment complexes). 10. Allow for an existing permitted garage, accessory structure or portions of an existing dwelling unit to be converted to an ADU or all or portions thereof to be demolished and replaced with an ADU within the same building footprint regardless of its location on the lot. 11. Prohibit owner-occupancy requirements between January 1, 2020 and January 1, 2025, however, restrictions on rental terms longer than 30 days are permissible. 12. Eliminate development impact fees for a JADU or an ADU less than 750 sf. 13. Property owners of unpermitted ADUs that are found to not be an immediate public health and safety risk as determined by the Building Official and Fire Marshall can request a five-year delay of enforcement on the unpermitted ADUs. Until the PMC is amended, State regulations contained in the Government Code prevail as of January 1, 2020. State Law permits local agencies to adopt less restrictive objective standards related to ADUs including, but not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit and standards that prevent adverse impacts to designated historic 2 of 15 December 3, 2019, Item #3.4 structures. The attached Ordinance contains such objective standards with some less restrictive standards recommended by staff, consistent to the largest extent feasible, with past direction from the City Council. The following is a summary of significant changes of the proposed Ordinance. The proposed Ordinance also provides clarification on existing regulations, definitions and section references. Development Review State law allows for objective design standards by the local jurisdiction for a proposed ADU, but prohibits discretionary review. The current PMC requires a MORA when any new habitable space created is 750 sf or more in area. This MORA is approved administratively and no public hearing is required, however, it is considered to be a discretionary permit since the Development Services Director has the discretion to impose additional conditions or restrictions. An ADU that results in new habitable space of 750 sf or more currently requires a MORA, however, the new State requirements prohibit discretion over an ADU and therefore the MORA requirement is proposed to be eliminated for an ADU. The City Council could require a MORA for an ADU greater than 1,200 sf, but staff recommends eliminating the MORA requirement altogether since the intent of State Law is to process an ADU ministerially without discretionary review. In order to provide additional objective standards, the architectural requirements for an ADU are proposed to be further restricted to be similar and compatible to the primary dwelling in exterior color, architectural style, window treatments and siding and roof materials. In addition, an attached ADU that is only attached by the roof requires the roof of the ADU and the attached breezeway to match the eave widths and roofing materials, color and style of the primary dwelling and defines the minimum attachment to the primary dwelling to be a roof attachment equal to the width of the ADU and shall not be greater than 10 feet from the primary dwelling. Height State law allows the local jurisdiction to regulate the height of an ADU, however height restrictions for ADUs are now required to be a minimum 16 feet in height. Currently, an ADU requires compliance with the height regulations of the zone in which it is located, except that a detached ADU is limited to one story and may not exceed the height of the primary dwelling. This height restriction also applies to a detached garage. The height restrictions for an ADU is proposed to be revised to not exceed 16 feet in height consistent with State law when located within a side or rear setback. Also, staff recommends adding a local amendment that if the ADU is in compliance with the required setbacks for the primary dwelling, then the ADU shall not exceed the height of the primary dwelling which could allow up to two-stories. This will limit two-story structures to be outside of the setback areas required for the primary dwelling. Detached Accessory Structures Staff has noticed difficulty in permitting detached accessory structures because the separation must be a minimum of 10 feet. Staff recommends modifying this requirement to be six feet to provide for less restrictive regulations. This allows for two people to walk comfortably between the structures and meets the Fire and Building Codes for separation. Habitable Accessory Buildings Since the adoption of the ADU Ordinance in 2018, Staff has noted several discrepancies when defining a proposed living space as either an ADU or a Habitable Accessory Building (HAB). A HAB is utilized when a property owner does not seek to have a separated dwelling unit for rental purposes, but proposes a habitable living space that could be construed as an ADU. These living spaces could include a game room with a wet bar, a separate sleeping quarters with a bathroom like a casita, or a pool house. In these instances, a covenant is required to be recorded that the 3 of 15 December 3, 2019, Item #3.4 living space of the HAB shall not be rented as a separate dwelling unit. Staff recommends further defining a HAB to be limited to one room that may contain a separate bathroom, a bar fridge and/or a bar sink, but may not contain other kitchen facilities. This eliminates a HAB from having bedrooms and a full kitchen. Also, staff recommend the HAB requirements to be consistent with California Building Code requirements which include that the HAB must have heating, but is no longer required to have either heating and/or air conditioning. Height restrictions for a HAB within the setback areas are recommended to be limited to 16 feet instead of 15 feet high consistent with the revised ADU restrictions. Utility Connections State law prohibits a jurisdiction from requiring a separate water and sewer connection for an ADU within an existing single-family dwelling, but allows a jurisdiction to require this for newly constructed ADUs. The proposed ordinance leaves the separate connection as an option and removes the reference to adequate public facilities, since this has not been a criteria for approval. Connection fees are only allowed to be applicable to new ADUs constructed with a new single- family dwelling. Owner Occupancy State law prohibits a jurisdiction from requiring that the property owner live in either the primary dwelling or the ADU for the time period from January 1, 2020 to January 1, 2025, however, jurisdictions can require that the ADU be rented for a period greater than 30 days. The proposed ordinance revises the owner-occupancy requirement to include that either the main single-family residence or the ADU must be occupied by the owner of the property at all times that either unit is held out for rent, or, if not occupied by the owner of the property, the ADU or JADU shall be rented for a minimum term of one-year. These options are consistent with State requirements since the proposed owner-occupancy requirement is optional. The City has been using a recorded covenant to ensure owner-occupancy. Existing covenants may be replaced with a new covenant to include both of these options. This can be revisited by the City Council in 2025 after the statute is no longer effective. Fire Amendments ADUs or JADUs shall not be required to provide fire sprinklers if they are not required for the primary dwelling unless the ADU exceeds 1,200 sf in floor area consistent with California Fire Code requirements. Staff also recommends a minimum four-foot setback from the side and rear property lines be provided within a Very High Fire Hazard Area (VHFHA). Timelines State law requires local agencies to now act on an application to create an ADU or JADU within 60 days, instead of 120 days, from the date the local agency receives a completed application. The City must also submit a copy of the adopted ordinance to the State Department of Housing and Community Development (HCD) within 60 days of after adoption. HCD may submit written comments to the City requiring corrections. Failure to comply requires HCD to notify the State Attorney General. Environmental Review: This Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15282(h) of the CEQA Guidelines in that adoption of this ordinance is intended to implement provisions of Section 65852.1 and 65852.2 of the Government Code regarding accessory dwelling units. 4 of 15 December 3, 2019, Item #3.4 Fiscal Impact: None . Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on November 21 , 2019 . Attachments: A . Ordinance amending Title 17 of the PMC . Reviewed/Approved By: Assistant City Manager 5 of 15 Rev iewed By: ()1. ~ Alan Fenstermacher City Attorney Approved By: Chff&J City Manager December 3, 2019, Item #3.4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING TITLE 17 OF THE POWAY MUNICIPAL CODE AMENDING REGULATIONS FOR ACCESSORY BUILDINGS, INCLUDING ACCESSORY DWELLING UNITS (ZONING ORDINANCE AMENDMENT 19-003) WHEREAS, on September 18, 2019, the City Council established regulations for an accessory dwelling unit (ADU) in accordance with Zoning Ordinance Amendment 18-002; WHEREAS, the City Council seeks to implement Assembly Bill (AB) 68 and AB 881 and Senate Bill (SB) 13 and SB 330 through the implementation of regulations concerning an ADU; WHEREAS, an ADU and is commonly referred to as a "second unit," and is an additional living quarters on a residential lot that is independent of the primary dwelling unit. An ADU may be either attached or detached to the primary dwelling unit, and typically provides complete independent living facilities, including facilities for living, sleeping, eating, cooking and sanitation; WHEREAS, the State Legislature is concerned about the unaffordability of housing in California; WHEREAS, the State Legislature adopted AB 68, AB 881, SB 13 and SB 330 in order to eliminate barriers to ADU construction that the Legislature has determined is a common-sense, cost-effective approach to accommodate future growth and to encourage infill development in developed neighborhoods; WHEREAS, the California Government Code provides that ADUs are a valuable form of housing; that ADUs may provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others at below market prices within existing neighborhoods; that ADUs may add income and an increased sense of security to homeowners; that AD Us will provide additional rental housing stock; that ADUs offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; and that ADUs are an essential component of California's housing supply; WHEREAS, Section 65852.2(a)(4) of the California Government Code provides that any local ordinance that is inconsistent with Section 65852.2 shall be null and void and state law shall apply unless or until the local agency adopts an ordinance consistent with this new law; WHEREAS, Section 65852.150(b) of the California Government Code provides that local agencies can adopt an ordinance relating to matters including unit size, parking, fee, and other requirements that are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create an ADU on residential lots; WHEREAS, on December 3, 2019, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, Zoning Ordinance Amendment 19-003; and 6 of 15 ATTACHMENT A December 3, 2019, Item #3.4 Ordinance No. Page 2 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 above recitations are true and correct. SECTION 2: The City Council hereby approves this ordinance and amends certain sections of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 3: The City Council hereby approves ZOA 19-003, and amends certain sections of the City's Municipal Code as specified below. SECTION 4: The City Council finds that, pursuant to SB 13 (Section 3 -Government Code Section 17980.12 -delay of enforcement on an unpermitted ADU), a habitable structure, addition or interior remodel with unpermitted plumbing, electrical, gas, mechanical equipment, framing or roof materials, excepting framed doorways and garage doors, and egress and ventilation not in compliance with Poway Municipal Code (PMC) Title 15, or as otherwise determined by the Building Official and Fire Marshall to be an immediate threat to the public health and safety, is required to be permitted expeditiously, without delay, to protect the public health and safety. The code compliance division reserves the right to abate unsafe structures, additions and interior remodels in accordance with PMC Chapter 15.32. Upon request, an unpermitted ADU that is found to not be an immediate public health and safety risk as determined by the Building Official and Fire Marshall shall be notified of their right option to a five-year delay of enforcement on the unpermitted ADUs provided correcting the violation is not necessary to protect the public health and safety in accordance with Government Code Section 17980.12. SECTION 5: The City Council directs staff upon adoption to submit a copy of this adopted ordinance to the State Department of Housing and Community Development (HCD) within 60 days of adoption. HCD may submit written findings to the City as to whether the ordinance complies with Government Code section 65852.2. SECTION 6: The City Council directs staff to process applications for an ADU and associated Junior ADU in accordance with timelines directed per the State Legislature adopted AB 68, AB 881, SB 13 and SB 330. The City shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily dwelling on the lot in accordance with Government Code section 65852.2(a)(3) [effective January 1, 2020]. SECTION 7: This Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15282(h) of the CEQA Guidelines because this is an ordinance intended to implement provisions of Section 65852.1 and 65852.2 and related sections of the Government Code. SECTION 8: Section 17.04.030 of the PMC shall be amended as follows: 17.04.030 Accessory dwelling unit. 7 of 15 December 3, 2019, Item #3.4 Ordinance No. Page 3 "Accessory dwelling unit" (ADU) shall have the meaning defined in Section 65852.2 of the California Government Code, which may be an attached or detached residential dwelling unit, which provides complete independent living facilities for one or more persons. An ADU may or may not include cooking or kitchen facilities separate from the main dwellingresidence and must provide for living, sleeping, eating, cooking, and sanitation on the same parcel as the main primary single-family or multi-family residencedwelling unit. An accessory dwelling unit also includes an efficiency, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code. SECTION 9: Section 17.04.033 of the PMC shall be added as follows: 17.04.033 Accessory dwelling unit, Junior. "Accessory dwelling unit, Junior" (JADU) shall have the meaning and size limitations defined in Section 65852.22 of the California Government Code. SECTION 10: Section 17.04.633 of the PMC shall be added as follows: 17 .04.633 Residence, main single-family. "Residence, main single-family" means a single-family dwelling and main residence. SECTION 11: Section 17 .08.100 subsection 8 of the PMC shall be amended as follows: 17 .08.100 Permitted and conditional uses -Residential uses. [excerpts only] Residential uses in residential zones shall be as follows: Residential Uses 8. Accessory dwelling unit on the same lot as an existing single-family or an existing multiple dwelling (see PMC 17.08.180) RR-A through ~S-~S-:s-~S-RC RA C, RS-1 p P P P P XE XE SECTION 12: Section 17.08.170 subsections 8.4, 8.5 and 8.6 of the PMC shall be amended as follows: 17.08.170 Property development standards -Additional requirements. [excerpts only] 8. Required Setbacks. 4. Where a portion of a main residencoresidential building is nonconforming in terms of current rear yard and/or side yard setbacks, the existing distance from the side or rear lot line established by the nonconforming portion of the building shall be used as the required setback distance for any additions to that building in the side yard and rear yard areas. 8 of 15 December 3, 2019, Item #3.4 Ordinance No. Page4 5. In situations where a rural residential or single-family residential lot is so irregular, as to prohibit or unduly restrict the construction of a single-family dwellingoome, within the required setbacks noted in this title, the Director of Development Services shall have the authority to alter the setback locations, i.e., front, side and rear yards, to enable the property owner to enjoy the same privileges as those enjoyed by other property owners in the same area. 6. Additions to the Main ResidenceBuilding. Additions to the main residencebuilding shall be allowed to encroach into the required rear yard setback up to one-half the distance but shall otherwise comply with the development standards contained in PMC 17.08.160. SECTION 13: Section 17. 08. 180 of the PMC shall be amended as follows: 17.08.180 Accessory buildings and structures. An accessory building or structure, attached to or detached from the main residence, shall be located on a lot that contains a primary d)11ellingmain residence and shall comply with the setback, height and lot coverage requirements as contained in PMC 17. 08.160 except as provided in this section. Except for an accessory dwelling unit or a junior accessory dwelling unit as described in Subsection A herein, A.§ minor development review application shall be required for an accessory building or structure that results in new habitable space that is 750 square feet or larger. Except as provided in Subsection A herein, no accessory building or structure shall attach to a main residence unless setbacks for the main residence are complied with for all structures to be attached. A. Accessory Dwelling Units and Junior Accessory Dwelling Units. The purpose of this subsection is to provide regulations for the establishment of an accessory dwelling unit (ADU) or a junior accessory dwelling unit (JADU) in residential zones and to define an approval process for such accessory d'Nelling units. The intent of this subsection is to pro).«ide opportunities for more affordable housing options in areas where adequate public facilities and services are available. 1. No ADU or JADU shall be constructed or maintained without the approval of a building permit in accordance with PMC Title 15 and full compliance with the performance standards identified within this section. 2. No more than one ADU or one JADU shall be permitted per main single-family residencetet. Multiple ADUs are permissible on a lot that has an existing multiple dwelling and is zoned for residential or mixed use in accordance with Government Code Section 65852.2(e)(1). A single-family dwelling or multiple dwelling is required for an ADU and/or JADU to be permitted. 3. An ADU or JADU may be rented separate from the primary d)11ellingmain residence but may not be sold or otherwise conveyed separate from the primary dwellingmain residence. 4. Lots which contain an ADU or JADU shall not be further subdivided if the subdivision will result in a detached ADU or primary dv.<ellingmain residence being located on a lot containing less than the minimum net area required by the zoning of the property. 5. The ADU may be either detached or attached to the primary dv.<elling. A detached ADU shall be located at least 40six feet from the main residenceprimary dwelling or other detached accessory building. Attached to the main residence requires a roof attachment equal to the width of the structure to be attached and shall not be greater than 10 feet from 9 of 15 December 3, 2019, Item #3.4 Ordinance No. Page 5 the main residence. excluding eaves. The roof of the structure to be attached shall match the eave widths and roofing materials. color and style of the main residence. 6. The ADU or JADU shall comply with the setback, height and lot coverage requirements as contained in PMC 17 .08.160, except that an detached ADU shall be limited to one story and shall not exceed 16 feet above the average grade. however. an ADU or JADU in compliance with the required setbacks for the main residence aAG-shall not exceed the height of the main residenceprimary dwelling and shall be permitted to be at or below the maximum allowable height for the main residence. 7. The ADU or JADU shall be similar and compatible to the main residenceprimary d,.velling in exterior color. architectural style. window treatments and siding and roof materials. 8. The floor area of the ADU or JADU shall not exceed 50 percent of the floor area contained in the main single-family residenceprimary dwelling (not including garage area) or 1,500 square feet, whichever is less. An ADU, however, shall not be required to contain less than aQQ800 square feet unless this is necessary to meet lot coverage or setback requirements. 9. An existing legally permitted garage, accessory structure or portions of an existing main single-family residence may be converted to an ADU or JADU or all or portions thereof may be demolished and replaced with an ADU or JADU within the same building footprint regardless of its location on the lot. 10. A minimum setback of no more than fivefour feet from the side and rear lot lines shall be required for an ADU or JADU. except that an addition to a structure not exceeding 150 square feet to accommodate an ADU or JADU may encroach into this side or rear setback provided that all of the following conditions are met: a. Ingress and egress to the ADU or JADU is accommodated. b. A minimum 4-foot setback from the side and rear property line is provided within a Very High Fire Hazard Area (VHFHA), c. Exterior access is provided. and d. The JADU complies with all requirements applicable to a JADU in accordance with Government Code Section 65852.22that is constructed above a garage. 4011. One off-street parking space shall be provided for the ADU or JADU, which may be provided as tandem parking on a driveway and shall be permitted in setback areas unless the Director of Development Services or the Director's designee makes specific findings that parking in setback areas or tandem parking is not feasible based upon specific site topography or fire and life safety conditions. No off-street parking shall be required in any of the following instances: 10 of 15 a. The ADU is located within one-half mile walking distance of a public transit stop. b. The ADU is located within an architecturally and historically significant historic district. December 3, 2019, Item #3.4 Ordinance No. Page 6 c. The ADU is part of the existing primarymain residence or an existing accessory structure. d. The ADU is located in an area of the City where on-street parking permits are required but not offered to the occupant of the ADU. e. The ADU is located within one block of a car-share vehicle's pick-up location, as established by the City. 4412. If an existing garage or carport is converted to an ADU or JADU or demolished in conjunction with the construction of an ADU or JADU, the parking spaces (up to t,110) shall not be required to be replaced on site, but are not required to be within a garage. -1--213. Either the main single-family residence or the ADU or JADU must be occupied by the owner of the property at all times that either unit is held out for rent or. if either unit is not occupied by the owner of the property. then the ADU or JADU shall be rented for a minimum term of one-year. -1-J14. The main dwellingresidence. GF-ADU or JADU shall only be used for rental of terms longer than 30 days. 4415. Development impact fees required for an ADU shall not exceed 50 percent of the total development impact fees applicable to a new single-family dwelling. Development impact fees required for a JADU or ADU less than 750 square feet shall not be required. 4-516. An ADU or JADU shall not be considered a new residential unit for purposes of calculating water and sewer connection fees or capacity charges. However, the property owner may request a new or separate utility connection directly between the ADU or JADU and the utility. The connection shall be subject to a connection fee or capacity charge as established by the City Council for other residential service connections only if the ADU is constructed with a new single-family dwelling: provided, however, that this fee or charge shall not exceed the reasonable cost of providing this service. 4-e17. An ADUs or JADU shall not be required to provide fire sprinklers if they are not required for the primarymain single-family residencedwelling unless the ADU exceeds 1,200 square feet in floor area. 4-718. The City may offer incentives to encourage development of accessory dwelling units. If an owner of an ADU elects to file a 30-year deed restriction to rent the unit to a lower-income household, the City may consider waiving fees (including waiving the inclusionary housing in-lieu fee), reducing parking or other development standards, or approving other forms of assistance. Receipt of such incentives shall require the owner to: 11 of 15 a. Rent the accessory dwelling unit to a lower-income household, as defined annually by the State Department of Housing and Community Development at a rate that shall not exceed an amount which is equal to 30 percent of the gross monthly income of a low-income household, at 80 percent of the San Diego County median income, adjusted for household size. b. File an agreement with the City's Development Services Department documenting the household's eligibility to occupy the accessory unit. December 3, 2019, Item #3.4 Ordinance No. Page 7 c. Record a deed restriction specifying the property restrictions on the accessory dwelling unit for the 30-year term. d. Assign and record the deed restriction using a form of assignment and assumption approved by the Director of Development Services in the event that the property is transferred or sold. 19. In conjunction with the construction of an ADU or a JADU. the correction of legal- nonconforming zoning conditions as defined in Section 17.44.020 shall not be required. This subsection shall not be considered in the application of any local ordinance, policy or program to limit residential growth. 8. Other Habitable Accessory Buildings. Habitable accessory buildings, excluding accessory dwelling units and junior accessory dwelling units, may be located on the same lot as an existing single-family dwelling and shall comply with the following standards: 1. The habitable accessory building may be either attached to or detached from the main residenccprimary dt.•1elling. A detached habitable accessory building shall be at least -1-0six feet from the main residence or other detached accessory building. 2. A habitable accessory building is limited to one room and may contain a separate bathroom. a bar fridge and/or a bar sink but may not contain other cooking or kitchen facilities. A habitable accessory building must have heatingand/or air conditioning. 3. The habitable accessory building shall comply with the setback, height and lot coverage requirements of PMC 17.08.160. 4. The habitable accessory building shall be similar and compatible to the main residenceprimary dwelling in architectural style and materials. 5. The floor area of the habitable accessory building shall not exceed 25 percent of the floor area contained in the main residenceprimary dwelling (not including garage area) or 1,500 square feet, whichever is less. However, a habitable accessory building shall not be required to contain less than 500 square feet unless this is necessary to meet lot coverage or setback requirements. 6. The habitable accessory building shall never be rented or leased as a separate unit. A deed restriction stating these limitations shall be recorded with the County Recorder. 7. The combined total area of all habitable accessory structures on a lot, including an ADU or JADU, shall not exceed 50 percent of the floor area of the main residenceprimary dwelling (not including the garage area) or 1,500 square feet, whichever is less. C. Detached Nonhabitable Accessory Buildings. Detached nonhabitable accessory buildings with a projected roof area that exceeds 120 square feet shall comply with the following: 1. Size. On lots less than two net acres in size, a detached nonhabitable accessory building shall not be greater than 50 percent of the gross floor area of the living space of the main residence on the lot or 1,500 square feet, whichever is less. A garage with a gross floor area no greater than 600 square feet is permitted regardless of the living space of the main buildingresidence, if no other garage is located on the lot. A detached nonhabitable accessory building that does not exceed 50 percent of the gross floor area 12 of 15 December 3, 2019, Item #3.4 Ordinance No. Page 8 of the living space of the main residence on the lot but is greater than 1,500 square feet may be approved with a minor development review permit pursuant to Chapter 17.52 PMC. On lots greater than two net acres or more in size, the size limits for nonhabitable accessory buildings and garages do not apply. 2. Height and Setbacks. A detached nonhabitable accessory building shall meet all of the required setbacks, height and lot coverage requirements contained in PMC 17.08.160, except that a building shall be is no taller than 15 feet in that is limited to one story and does not exceed 16 feet above the average grade may be allowed to encroach into the required rear and interior side yard setbacks as follows, provided the overall lot coverage is not exceeded: a. Rear Yard Setback. Located no closer than five feet from the rear property line, excluding a maximum two-foot eave overhang, and at least 10 feet from the main residence or other detached accessory building. b. Interior Side Yard Setback. Located no closer than five feet from the interior side property line, excluding a maximum two-foot eave overhang, and detached at least 10 feet from the main residence or other detached accessory building and within the rear yard area only. 3. A deed restriction stating that the accessory building will not be habitable, rented or leased as a separate unit, and no kitchen facilities will be installed, shall be recorded with the County Recorder. D. Detached buildings with a projected roof area less than 120 square feet may be located anywhere on a single-family residential lot, except within the front and street side yard areas, provided the eaves do not overhang the adjacent property. These buildings shall not exceed eight feet in height. Detached buildings shall be separated from other buildings by six feet minimum. E. 1. Canopies, patio covers, carports, breezeways, and other similar accessory buildings and structures as determined by the Director of Development Services, which are attached to the main residence or connecting the main residence with a detached accessory building, may extend into a required rear or interior side yard; provided, that portions of such structures extending into the yard comply with all of the following: a. Height. Shall not exceed -1-516 feet in height. b. Interior and Rear Yard Setback. Shall be located at least five feet from an interior side yard and at least 10 feet from the rear lot line. c. Front and Street Side Yard Setback. Shall comply with the setbacks of the main residence. d. Design. Shall be entirely open on at least three sides except for necessary supporting columns. A roof connecting a main residence and an accessory building, such as a breezeway, shall be open on two sides. e. Eaves. May project one-half the distance into the required side yard setback. 2. Canopies, patio covers, carports, gazebos, breezeways, and other similar accessory buildings and structures as determined by the Director of Development Services which are 13 of 15 December 3, 2019, Item #3.4 Ordinance No. Page 9 detached from the main residence may extend into a required rear or interior side yard; provided, that portions of such structures extending into the yard comply with all of the following: a. Height. Shall not exceed 4-516 feet in height. b. Interior and Rear Yard Setback. Shall be located at least five feet from an interior side yard and rear lot lines. c. Front and Street Side Yard Setback. Shall comply with the setbacks of the main residence. d. Design. Shall be entirely open on at least three sides for patios and canopies except for necessary supporting columns. e. Eaves. May project one-half the distance into the required rear or side yard setback. f. Building Setback. Shall observe a minimum 4-0six feet from the residence or other detached accessory structure. F. Porches, steps, architectural features such as eaves, awnings, and chimneys, and balconies, stairways, wing walls or bay windows may project not more than four feet into any required front or rear yard area, nor into any required interior or street side yard setback more than one-half of said required side yard setback. G. Swimming pools or spas, including mechanical equipment, diving boards, slides and similar devices, shall be located a minimum of three feet from the main residence on the lot and at least five feet from the side and rear property line§ and shall comply with all fencing requirements of PMC 8.52.050. In no instances shall swimming pools or spas be located within the front yard setback. SECTION 14: 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 15: 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. 14 of 15 December 3, 2019, Item #3.4 Ordinance No. Page 10 INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 3rd day of December, 2019, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 17th day of December, 2019, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 15 of 15 DATE: City of Poway MEMORANDUM December 3, 2019 TO: FROM: Honorable Mayor and Members of the City Council Faviola Medina, CMC, City Clerk f V\ CONTACT: (858)668-4535, fmedina@poway.org SUBJECT: Item No. 6.1 -Selection of Deputy Mayor 2020 Summary: In September 1990, the City Council adopted Resolution. No. 90-179 to outline the guidelines for the selection of Deputy Mayor. In accordance with the Resolution, the Deputy Mayor: 1.Will serve a maximum term of one year; 2.Will be appointed at the first regular meeting in December in odd-numbered years; and 3.Will be appointed at the first regular meeting held thirty days following the general municipal election in even-numbered years. Recommended Action: It is recommended that the Mayor appoint a Councilmember to serve as Deputy Mayor for the one-year term commencing January 1, 2020. Public Notification: None. Attachments: None. Reviewed/ Approved By: Wendy aserman Assistant City Manager 1 of 1 Reviewed By: Alan Fenstermacher City Attorney Approved By: December 3, 2019, Item #6.1 December 3, 2019, Item #6.2 DATE: C ity of Poway MEMORANDUM December 3, 2019 TO: FROM: Honorable Ma yo r and Members of the City Council Faviola Medina, CMC , City Clerk ~t-._ A (858) 668-4535, fmedina@poway.org \ ""' ' SUBJECT: Item No. 6 .2 -Request for Council Concurrence of Appointments to Regional Agencies' Boards , Commissions and Committees Summary: The City Council represe nts the City on a variety of Regional Agencies' Boards, Commissions and Committees. At the end of each year, the Mayor with Council concurrence ass ign s Council representation on those Com mittees for the following year. The following is the list of Regional Agencies' Boards , Commissions and Committees: 1. San Diego Division League of Cali fornia Cities 2. Metropolitan Transit District (MTS) 3. San Diego Association of Governments Board (SAN DAG) 4 . Metro Wastewater Comm ission/JPA 5. San Dieguito R iverPark JPA 6 . City of Poway/PUSD Joint Use Subcommittee for lnterjurisdictional Cooperation 7 . Regional Solid Waste Association (RSWA) 8 . Goodan Ranch Policy Committee Recommended Action : It is re commended that the Mayor with Council concurrence appoint primary and alternate members to the various regional agencies' boards, commissions and committees for calendar year 2020. Reviewed/Approved By: Assistant City Manager 1 of 1 Reviewed By : Alan Fenstermacher City Attorney Approved By : Ch~ City Manager