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12-17-19 Agenda Packet CITY OF POWAY CITY COUNCIL AGENDA TUESDAY, DECEMBER 17, 2019 REGULAR CITY COUNCIL MEETING – 7:00 P.M. COUNCIL CHAMBERS | 13325 CIVIC CENTER DRIVE | 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 Dave Grosch Councilmember Deputy Mayor Caylin Frank Barry Leonard Councilmember Councilmember Steve Vaus Mayor Page 2 City Council – Regular Agenda December 17, 2019 CALL TO ORDER ROLL CALL Mullin, Leonard, Frank, Grosch, Vaus PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PRESENTATION 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 November 11, 2019 through November 15, 2019; and November 18, 2019 through November 22, 2019 1.3 Approval of the Regular City Council Meeting Minutes for November 19, 2019 1.4 Second Reading and Adoption of Ordinance No. 833, Amending Chapter 2.18 of the Poway Municipal Code relating to City Council Meetings 1.5 Second Reading and Adoption of Ordinance No. 834, 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 1.6 Second Reading and Adoption of Ordinance No. 835, 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 1.7 Second Reading and Adoption of Ordinance No. 836, Changing the Zoning Classification of Certain Properties (ZC19-002) 1.8 Second Reading and Adoption of Ordinance No. 837, Amending Title 17 of the Poway Municipal Code Amending Regulations for Accessory Buildings, Including Accessory Dwelling Units (Zoning Ordinance Amendment 19-003) Page 3 City Council – Regular Agenda December 17, 2019 1.9 Approval of Agreement with Gary F. Hoyt Landscape Architecture, Inc., for as-needed Landscape Plan Check and Inspection Services 1.10 Acceptance of the Fiscal Year 2019-2020 Zone 3 Street Maintenance Project; Bid No. 18-022 with American Asphalt South, Inc as Complete 1.11 Acceptance of Facilities Painting 2019-20; Bid No. 20-002 1.12 A Resolution Accepting Real Property at the West End of Danes Road 1.13 Approval of Final Map for Tentative Tract Map 17-003; Navak LLC, Applicant (APN:317-534-20) 2. ORDINANCE None. 3. PUBLIC HEARING 3.1 Tentative Tract Map (TTM) 19-005/Development Review (DR) 19-004; a proposed mixed-use development consisting of 141 multi-family residential units and approximately 584 square feet of commercial space City Manager’s Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. 3.2 Tentative Parcel Map 19-001; A Request for Approval of a Two-Lot Subdivision Located at 13424 Olive Tree Lane in the Residential Single Family – 7 (RS-7) Zone City Manager’s Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution 4. STAFF REPORT 4.1 Fiscal Year 2018-19 General Fund Financial Performance City Manager’s Recommendation: It is recommended that the City Council receive this report. 4.2 Adoption of Resolutions Authorizing the City Manager to Execute, on Behalf of the City of Poway, a Memorandum of Understanding, Effective July 1, 2019, through June 30, 2021, between the City and the Non-Safety Employees Bargaining Group (Teamsters Local 911) Incorporating the Terms of the Tentative Agreement and Appropriating Funds in FY 2019-20 City Manager’s Recommendation: It is recommended that the City Council adopt the Resolutions. 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 and DAVE GROSCH 6 .1 Community Park Usage and Needs Assessment CAYLIN FRAN K DAVE GROSCH STEVE VAUS 6.2 Co ns ideration of Bill Credits for Water F ixed Charges and Explore Feasibility of Bi ll Credits for Water Commodity C harges 7 . CITY MANAGER ITEMS 8 . CITY ATTORNEY ITEM 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 December 10, 2019 at 7:00 p .m . Said meeting to be held at 7:00 p.m., December 17, 2019, in the Poway ity ouncil Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted o Bull in Board at the entrance to City Hall and on Poway. org. Page4 City Council -Regular Agenda December 1 7 , 2019 Item 1.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on Agenda. December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 December 17, 2019, Item #1.2 DATE: TO: FROM: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT December 17, 2019 Honorable Mayor and Members of the City Council Faviola Medina, City Clerk 858) 668-4535 or finedina(poway.orq Approval of Minutes The City Council Meeting Minutes submitted hereto for approval are: November 19, 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 19, 2019 Regular City Council Meeting Minutes Reviewed/Approved By: Reviewed By: Approved B Wendy Kaserman Alan Fenstermacher Chr' Assistant City Manager City Attorney City Manager 1 of 6 December 17, 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 19, 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; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Faviola Medina; Community Services Director Brenda Sylvia; Development Services Director Bob Manis; Finance Director Aaron Beanan; Director of Public Works Eric Heidemann; Fire Chief Jon Canavan; Lieutenant Chris Collier, Sheriff's Department. Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy Mayor/Vice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/ Finance Officer.) PLEDGE OF ALLEGIANCE Deputy Mayor Grosch led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATION None. PUBLIC ORAL COMMUNICATIONS Janet Lettang expressed concerns regarding the PCPA Workshop on November 5, 2019. Dale Davis spoke regarding fire hazard risks and preventing the spread of wildfires (handout on file in the Office of the City Clerk). Attachment A2 of 6 December 17, 2019, Item #1.3 City of Poway — Minutes — November 19, 2019 Lynn Davis expressed fire hazard concerns regarding the open space lot near her property in Green Valley (handout on file in the Office of the City Clerk). Toby Batley representing Southern California Ballet spoke regarding the PCPA Workshop that took place on November 5, 2019. Yuri Bohlen spoke regarding maintaining the thrift stores in the Carriage Shopping Center within Poway's jurisdiction. Denise Ott did not wish to speak but submitted comments to Council regarding the Poway Center for the Performing Arts (on file in the Office of the City Clerk). 1. CONSENT CALENDAR Motioned by Deputy Mayor Grosch, seconded .4 Co Imember Frank to approve Consent Calendar Items 1. 1 a1.7. Moti edthrough • % rm'' roll -call vote: by ollowin J Ayes: Mullin, Leonar. ='nk, Grosch, Vau Noes: None Absent: None 1.1 Approval of Reading by Title jird Waiver of 1.2 Ratification of Warrant Registersl/ 42019; and October 21, 2019 throu ,/,Octo 1.3 Approval of the aIoi 9 Reg, r 1.4 City's Investmen ',,,port as eptemb g in full of Ordinaries on Agenda iods of C*giber 14, 2019 through October 18, 2p, eeting Minutes 2019 1.5 Appoa,e Add- // ice. nsi fro / are Ex;; s, LLC o the Microsoft Enterprise Agreement (EA) 1.6 A - val of the Ap iation j unds for the Regional Water Quality Control Board's Water Qu % edification t for Miftual Concrete Channel Maintenance 1.7 Acceptan 9f the Poway% am Security Upgrades Project; Bid No. 19-011 with AToM Engineering .,P, jnstruction, / . as Complete 2. ORDINANCE None. 3. PUBLIC HEARING 3.1 Minor Development Review Application 19-028 and Variance 19-002: A Request to Allow a Proposed Addition to an Existing Single -Family Home to Encroach into the Front Yard Setback on the Property Located at 13205 Avenida La Valencia Mayor opened the public hearing at 7:16 p.m. Associate Planner Scott Nespor presented the report along with a slideshow presentation. 3 of 6 December 17, 2019, Item #1.3 City of Poway — Minutes — November 19, 2019 No speakers. Motioned by Councilmember Leonard, seconded by Councilmember Frank to close the public hearing at 7:19 p.m. Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No. P-19-13 entitled "A Resolution of the City Council of the City of Poway, California, Approving Minor Development Review Application 19-028 And Variance 19-002, Assessor's Parcel Number (APN): 275-620-17." Motion carried unanimously. pAmending """"y'i Municipal Code Pertaining to3.2 Adoption of an Ordinance Title 17 of the ' - Lighting Standards for Recreational Courts; Zoning ance Amendment (ZOA) 19-002 Mayor opened the public hearing at 7:20 p.m. Associate Planner Oda Audish present j ;;;report. Peter De Hoff spoke regarding light fixtured light pollution. Motioned by Councilmemb, eonard, sec the public hearing at 7:23 p. As requested by the Mayor, Cityirk hri titled thgP dinance. 4eputy Mayor/ sch to close Motioned by Ma , -L second4 y Dep .yor h to introduce Ordinance No. 832 entitle+ fChapt nce of Cis , the City of Poway,California, AmendingTi .30 of t a Murk al Code ertainin to Lighting in Or• ceyAmendment 19-002)," and scheduleof adoption tions urts ( g of the Ori,nce a cembe 019. Motion carried by the following roll - callcall v / Q._-;., j/ Ayes: M 'G L; Leonard, </ nk, Grosch, Vaus Noes://///a%None/ Absent: 3.3 Tentative *mei Map 102; A Request for Approval of a Second One -Year Time Extension for% j reviouslyj proved Subdivision Mayor opened th ub - aring at 7:25 p.m. j/ Associate Planner Oda Audish presented the report along with a slideshow presentation. Don Knox, applicant, was available for questions. No speakers. Motioned by Councilmember Leonard, seconded by Councilmember Mullin to close the public hearing at 7:28 p.m. 4 of 6 December 17, 2019, Item #1.3 City of Poway — Minutes — November 19, 2019 Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. P-19-14 entitled "A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Map 19-002; A Second One -Year Time Extension of the Approval for Tentative Parcel Map 08-002 Assessor's Parcel Number (APN): 317-200- 26." Motion carried unanimously. 4. STAFF REPORT None. 5. WORKSHOP 5.1 Water and Wastewater Rate Study and Public W Finance Director Aaron Beanan presented th9 2b and Option 2c for water rates and Optio the first workshop on October 15, 201 proposed target reserve levels for wa operating expenditures and that a bill e was made available on our website to rate Mr. Beanan concluded that R. based on Council's selectio COSS report will be presente.!`"`% will recommend the City Counci r ' rates and initiate the Proposition p jjRu'' ort of the --po rding a tem that ested o,,fi; elis will prep ter and wa Council' ting on January 7, 2020 when staffoi- lic hearing,. March 3, 2020 for the proposed roces, nd v/%-shop report discussing Option moi,.. and 2c fo 1tewater rates as a result of 6ditionally, Mr anan indicated that the d wastewater we ' 'usted to 120 -days of tor tool for the four o.a , s being considered rs to e to estimheir usage costs. Dig,, of Service S /(LOSS) report r option from this i/orkshop. The Peter De Hoff Mike Fry spoke Dan Kr / rate% e cturds adjust fixed rates at the end of each year. nevif' et reserve and how it affects the proposed Ol s spoke i - oro r•iyayers pay'rig per usage costs. moi Yuri Bo; e spoke in op ition to4 easing water rates. ice,..j, Council disccion ensue regarding the preferred rate structure options. In response to;,; c c , ;4nt, Director of Finance Aaron Beanan stated that reducing the target reserve to 1/2 % yam/ / does not impact the ratepayers. 9 P Council selected Option 2b for water and Option 2c for wastewater and directed staff to have the Cost of Service Study report prepared for the selected options and presented at the January 7, 2020 "set the public hearing" meeting. 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) 5 of 6 December 17, 2019, Item #1.3 City of Poway — Minutes — November 19, 2019 Councilmember Mullin gave a brief update on the recent meeting of the Metro Wastewater Commission. Councilmember Leonard reported out from the recent San Diego County Water Authority Board meeting and gave a brief update on Metropolitan Water District's (MWD) offer to settle litigation over MWD's rates. Councilmember Frank gave an update on the Shop Local Campaign, introduced the Local Business Selfie Contest and shared photos of the updated signs for promoting the City, classes and the shop local campaign. Deputy Mayor Grosch reported on the recent Regional S®/ aste Association meeting and aiii . gave a brief update regarding the future organic waste r% program. 7. CITY MANAGER ITEMS None. 8. CITY ATTORNEY ITEMS CLOSED SESSION 8.1 Public Employee Performance E•luat Gov. Code § 5495J (1) Title: City Man '/" At the request of Ci, /Attorney A Fenster "er, Mayor' aus adjourned the meeting into Closed Session at 8:23 , 4 City Co j jof Clo jS ssion,a,toW,17 p. and announced that there was no reportable action., ADJOU ENT The meeting a4J rned at 9:17 j Faviola Medina, CMC City Clerk City of Poway, California 6 of 6 December 17, 2019, Item #1.3 city of Poway COUNCIL AGENDA REPORT DATE: December 17, 2019 TO: Honorable Mayor and Members of the City Council FROM: Faviola Medina, City Clerk 0\1\ CONTACT: (858) 668-4535 or finedina@poway.org SUBJECT: Second Reading and Adoption of Ordinance No. 833 entitled "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" Summary: The introduction and first reading of the above -entitled Ordinance was approved at a Regular City Council Meeting on December 3, 2019. All Councilmembers were present. There were four speakers. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: AYES: MULLIN, LEONARD, FRANK, GROSCH, VAUS NOES: NONE ABSTAINED: NONE ABSENT: NONE DISQUALIFIED: NONE Recommended Action: It is recommended that the City Council adopt Ordinance No. 833. 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 summary notice was published in the Poway News Chieftain on Thursday, December 12, 2019. A second summary notice 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. 1 of 7 December 17, 2019, Item #1.4 Attachment: A. Ordinance No. 833 Reviewed/Approved By: Reviewed By: Approved By: Wendy Katis'erman Alan Fenstermacher Assistant City Manager City Attorney 2 of 7 Ch 's Ha-,ne City Manager December 17, 2019, Item #1.4 ORDINANCE NO. 833 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 ctrikethroughs 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 (B) of Chapter 2.18 of the PMC is hereby amended as follows: 2.18.0760 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 busine: s 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; 3 of 7 December 17, 2019, Item #1.4ATTACHMENT A Presentations; 6. Public comment; 7. Consent items Calendar/Waiver of Ordinance Text Reading; 8. Ordinances for Introduction; 9. Ordinances for Adoption; 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; 16. Adjournment. SECTION 5: Section 2.18.080(D) and (E) of Chapter 2.18 of the PMC is hereby amended to read as follows: D. The public hearing shall be closed by presiding officer. the Mayor or 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 - :: - - - - - - : - - - - - - - - - •• : : - may only be reopened by the Mayor or presiding officer, _ :: - - - •- : ': - _ - - _' _ : _ - _ _ - _ _ - 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 a ecordings are not public records and may be destroyed immediately after the minutes of the City Council meeting are approved. 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 4 of 7 December 17, 2019, Item #1.4 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 aff Q i ete,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. ine s-whee a majority dissassed, SECTION 8: Section 2.18.120 of Chapter 2.18 of the PMC is hereby amended to add subsection (B)(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. Public Comment. a. Any person may address the Council by public 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 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 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: 5 of 7 December 17, 2019, Item #1.4 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. 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 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 6 of 7 December 17, 2019, Item #1.4 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. Adiournment. 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 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. 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 7 of 7 December 17, 2019, Item #1.4 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT December 17, 2019 Honorable Mayor and Members of the City Council Faviola Medina, City Clerk � (858)668-4535 or fmedina@poway.org Second Reading and Adoption of Ordinance No. 834 entitled "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" The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on December 3, 2019. All Councilmembers were present. There were four speakers. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Recommended Action: MULLIN, LEONARD, FRANK, GROSCH, VAUS NONE NONE NONE NONE It is recommended that the City Council adopt Ordinance No. 834. 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 21, 2019. A second summary notice 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 1 of 7 December 17, 2019, Item #1.5 of the City Clerk in accordance with Government Code section 36933. Attachment: A.Ordinance No. 834 Reviewed/ Approved By: i/�L--Wend aserman Assistant City Manager 2 of 7 Reviewed By: Alan Fenstermac her City Attorney December 17, 2019, Item #1.5 3 of 7 December 17, 2019, Item #1.5 ORDINANCE NO. 834 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(D) 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 the Chapters of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 3: Chapter 13.20 of the Poway Municipal Code (Airports) is hereby deleted in its entirety. ATTACHMENT A 4 of 7 December 17, 2019, Item #1.5 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 36503.5 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, 2.28.070, 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 excess 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 expenditure was made. Statements filed by independent committees shall be required to report only those expenditures in connection with communications that expressly advocate the election or defeat of a clearly identified candidate or ballot measure. B. Contributions. Each campaign statement shall show 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 received during the period covered by the statement from persons who have given a total of more than $25.00. Each person who has contributed more than $25.00 shall be listed by name, address, occupation, employer and amount contributed. The total amount received 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. C. Expenditures Generally. Each campaign statement shall show the total amount of expenditures made during the period covered by the statement to persons who have received $25.00. Each person who 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 5 of 7 December 17, 2019, Item #1.5 otherwise, shall be reported as such, including the true name of the individual on whose behalf the expenditure was 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 Government Code Section 81009.5(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: 2.28.10070 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: 2.28.13090 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 counselCity 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 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 6 of 7 December 17, 2019, Item #1.5 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, in areas of the City zoned RR-A through RR-C and RS-1 through RS-7, 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. 67. 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 whenever 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. 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 7 December 17, 2019, Item #1.5 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 city of Poway COUNCIL AGENDA REPORT DATE: December 17, 2019 TO: Honorable Mayor and Members of the City Council FROM: Faviola Medina, City Clerk '1---V\ CONTACT: (858) 668-4535 or finedina@poway.org SUBJECT: Summary: Second Reading and Adoption of Ordinance No. 835 entitled "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 2019 Referenced Standards Code with Local Amendments" The introduction and first reading of the above -entitled Ordinance was approved at a Regular City Council Meeting on December 3, 2019. All Councilmembers were present. There were no speakers. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: AYES: FRANK, GROSCH NOES: VAUS ABSTAINED: MULLIN, LEONARD ABSENT: NONE DISQUALIFIED NONE Recommended Action: It is recommended that the City Council adopt Ordinance No. 835. Fiscal Impact: None. 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, 1 of 39 December 17, 2019, Item #1.6 with minor amendments, and there is no possibility that this activity will have an effect on the environment. Public Notification: A public hearing summary notice was published in the Poway News Chieftain on Thursday, November 21, 2019. A second summary notice 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. Attachment: A. Ordinance No. 835 Reviewed/Approved By: e Reviewed By: WendSr Kaserman Alan Fenstermacher Assistant City Manager City Attorney 2of39 Approved B Chr Ha City Manager December 17, 2019, Item #1.6 ORDINANCE NO. 835 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; 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 3 of 39 December 17, 2019, Item #1.6ATTACHMENT A 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]: Sections: 15.02.010 15.02.030 1 4 1 Chapter 15.02 UNIFORM -ADMINISTRATIVE CODE Adoption of U-RifoAdministrative Code. A ... Section 102.2 amended. 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 4 of 39 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. December 17, 2019, Item #1.6 15.02.010 Adoption of the U-niformCalifornia Administrative Code, Part 1, Title 24 of the California Code of Regulations. 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. PMC 15.02.030 through 15.02.130. EXCEPTION: The installation of wood shingle or shake roofing material for re -roofing or 5 of 39 December 17, 2019, Item #1.6 Sec. 206 Public Nuisance. Any building or structure erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished, equipped, used, in connection with the erection, construction, enlargement, alteration, repair, movement, a building or structure erected, constructed, enlarged, altered, repaired, moved, improved, 15.02.080 Section 301.1 amended. Section 301.1 of the Uniform Administrative Code, issued if the City Engineer determines that flooding or geologic conditions at the site may SECTION 304 FEES City Council. projects subject to State energy code compliance and/or State disabled access regulation 6 of 39 December 17, 2019, Item #1.6 30,1.3 Plan Review Fees. When submittal documents are required by Section 302.2, a Saki -plan -review -fee -shall -be 65 percent of the building permit fee shown in a resolution duly review or when the project involves deferred submittal items as defined in Section 302.4.2, an City Council. new plan check fee 304.5 Investigation Fees: Work without a Permit. 1 Council. 7 of 39 December 17, 2019, Item #1.6 building permit pursuant to this code unless City plan review and inspection services are apPiy- 305.2.1 Circuit Cards. A complete schedule of circuits, showing the number and the roof covering is approximately 50% installed to verify fastening and underlayment 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 F, No. 3 G and No. 3 H of the Uniform Administrative Code, 1997 Edition, are deleted. A. Chapter 15.04 Sections: 15.04.010 15.04.020 15.04.030 15.04.040 15.04.050 15.04.060 15.04. Regulations. the purpose enlargement, 8 of 39 BUILDING CODE Adoption. Findings. Deletions, revisions and additions to the 20162019 California Building Code. Section 105.2 amended. Table 1505.1 amended. Appendices Chapter C, H and I adopted. 010 Adoption of the California Building Code, Part 2, Title 24 of the California Code of There is adopted and incorporated by reference herein as the City Building Code for of prescribing regulations in the City of Poway for the erection, construction, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, December 17, 2019, Item #1.6 use, height, area, and maintenance of buildings and structures, the 20162019 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, 204-52018 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 20162019 California Building Code, published by the California Building Standards Commission, which is based on the International Building Code, 20152018 Edition and the adopted Appendix Chapters, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 1-4IL 60478. 15.04.020 Findings. The City of Poway has many Targe 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 20462019 California Building Code. Therefore, this chapter alters the International Building Code, 20162018 Edition, to require more fire - retardant roof coverings. 15.04.030 Deletions, Revisions and Additions to the 20162019 California Building Code. Deletions, revisions and additions to the 20162019 California Building Code, shall be as set forth in Sections 15.04.0540 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 20162019 California Building Code is amended to read as follows: TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION IA IB IIA IIB IIIA IIIB IV VA VB A A A A A A A A A 15.04.060 Appendices C, H and I adopted. Appendix Chapters C, H and I of the 20462019 California Building Code, are adopted. B. Chapter 15.08 ELECTRICAL CODE Sections: 15.08.010 Adoption of the California Electrical Code, Part 3, Title 24 of the California Code of Regulations. 9 of 39 December 17, 2019, Item #1.6 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 20162019 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 2016 2019 California Electrical Code, published by the California Building Standards Commission, which is based on the National Electrical Code, 20442017 Edition, published by the National Fire Protection Association, Battery March Park, Quincy, Massachusetts, 02269. Chapter 15.10 RESIDENTIAL CODE Sections: 15.10.010 Adoption of the California Residential Code, Part 2.5, Title 24 of the California Code of Regulations. 15.10.020 Findings. 15.10.030 Deletions, revisions and additions. 15A 0.040 Section R105.2 amended. 15.10.050 Section R902.1.3 amended. 15.10.060 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, 20462019 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, 14 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 20162019 California Residential Code. Therefore,. 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 20162019 California Residential Code shall be as set forth in sections 15.10.0540 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 10 of 39 December 17, 2019, Item #1.6 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 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 20162019 California Residential Code is adopted. Chapter 15.12 PLUMBING CODE Sections: 15.12.010 Adoption of the California Plumbing Code, Part 5, Title 24 of the California Code of Regulations. 15.12.020 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 20162019 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, 20162018 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 22019 California Plumbing Code published by the California Building Standards Commission which is based on the Uniform Plumbing Code, 20-1a2018 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. Chapter 15.16 C. MECHANICAL CODE Sections: 15. 16.010 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 20162019 11 of 39 December 17, 2019, Item #1.6 California Mechanical Code, Part 4, 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 Mechanical Code, 201 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 20162019 California Mechanical Code, published by the California Building Standards Commission and any rules and regulations promulgated pursuant thereto. Chapter 15.18 D. ENERGY CODE Sections: 15.18.010 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 20162019 California Energy Code, Part 6, Title 24 of the Califomia 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, 20162019 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 20162019 California Energy Code and any rules and regulations promulgated pursuant thereto, including the California Energy Code, 28462019 Edition, published by the California Energy Commission. Chapter 15.19 HISTORICAL BUILDING CODE Sections: 15.19.010 Adoption of the 20162019 California Historical Building Code, Part 8, Title 24 of the California Code of Regulations. 15.19.010 Adoption of the 20162019 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 20162019 California Historical Building Code, Part 8, Title 24 of the California Code of Regulations, a portion of the 20442019 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). 12 of 39 December 17, 2019, Item #1.6 Chapter 15.21 EXISTING BUILDING CODE Sections: 15.21.010 Adoption of the 20162019 California Existing Building Code, Part 10, Title 24 of the California Code of Regulations. 15.21.010 Adoption of the 20162019 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 20162019 California Existing Building Code, Part 10, Title 24 of the California Code of Regulations, a portion of the 204.62019 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. Chapter 15.22 GREEN BUILDING STANDARDS CODE Sections: 15.22.010 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 sCode 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 20162019 California Green Building Standards Code, Part 11, Title 24 of the California Code of Regulations, Aa 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 20162019 California Green Building Standards Code and any rules and regulations promulgated pursuant thereto, including the California Green Building Standards Code 20162019 Edition, published by the California Building Standards Commission. Chapter 15.23 REFERENCED STANDARDS CODE Sections: 15.23.010 Adoption of the 20162019California Referenced Standards Code, Part 12, Title 24 of the California Code of Regulations. 15.23.010 Adoption of the 20462019 California Referenced Standards Code, Part 12, Title 24 of the California Code of Regulations. The California Referenced Standards Code, 20162019 edition, Chapter 15.23 is adopted by reference without change to Buildings and Construction Title 15. 13 of 39 December 17, 2019, Item #1.6 Chapter 15.24 FIRE CODE Sections: 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. 15.24.080999 Flammable finishes. 15.24.09041-0 Wildland-urban interface fire area. 15.24.100120 Fireworks display. 15.24.110130 Flammable and combustible liquids. 15.24.120440 Liquefied petroleum gases. 15.24.130170 Chapter 80 Referenced Standards. 15.24.140480 Appendix B, fire -flow requirements for buildings. 15.24.150490 Conflict. The City of Poway adopts by reference the 20196 California Fire Code, excluding Section 103, and including Appendix Chapters 4 and Appendices B, C F, H, and 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 cGonflicting oQrdinances, resolutions 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 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 14 of 39 December 17, 2019, Item #1.6 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 105.6.5264 is added to read: 105.6.5264 Christmas tTree !hots. An operational permit is required to operate a Christmas tree lot with or without flameproofing services. Section 105.6.5320.1 is added to read: 105.6.5320.1 Green wWaste rRecycling, mMulching, cGomposting °Operations and sStorage. A operational permit is required for green waste recycling, mulching, composting operations and storage. 15.24.025 Appeals. Section 109.18 is modified to read: 109.18 Appeals procedure established. 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: 15 of 39 December 17, 2019, Item #1.6 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 1.08 PMC. 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 PMC. Section 1124.4 is modified to read: 1124.4 Failure to cGomply. 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. 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. 16 of 39 December 17, 2019, Item #1.6 Combustible Vegetation. Material that in its natural state will readily ignite, burn and Combustible vegetation includes dry grass, brush, weeds, 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 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 Toss 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 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 17 of 39 December 17, 2019, Item #1.6 susceptible to a wildfire. High Rise Building. 1. "Existing high-rise structure" means a high rise structure, the construction of 2. "High rise structure" means every building of any type of construction or e e and Safety Code Section 1250. 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. interest imposes restriction on use of the land, to preserve the land for public use or Open Space Preserve. Open -space land, as that term is defined in Government Code Response Time. The elapsed time from the fire department's receipt of the first alarm to when the first fire unit arrives at the scene. 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, 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 18 of 39 December 17, 2019, Item #1.6 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 cGarnivals and fairs. 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 aAircraft and sSimilar dOevices. 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: SECTION 3210 STORAGE OF FIREWOOD 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 not exceed the following cumulative lengths, regardless of the number of parcels served: 19 of 39 800 feet 1,320 feet December 17, 2019, Item #1.6 2,640 feet 5,280 feet These requirements may be modified when, in the opinion of the fire code official, 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 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 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed Toads 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. . - - - . - - •- - : - - - - - - - - - - - code official, aA paved dries -surface shall mean asphalt -Gr concrete, or permeable paver systemsurfase. 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 parcelsetrustures. The minimum, unobstructed paved radius width for a cul-de-sac shall be 38 feet in residential areas. The Fire fire code official shall establish a policy identifying acceptable turnarounds for various project types. 20 of 39 December 17, 2019, Item #1.6 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. 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 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 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 power failure, the gate 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 keyed or dual switches shall be provided to facilitatc accc: s by law enforcement Section 505.1 is modified to read: 21 of 39 December 17, 2019, Item #1.6 505.1 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 shall meet the City of Poway standards. = = - : -- . inchcs (maximum) for industrial buildings. Additional address numbers mays#4al4 be required where deemed necessary by the fire code official. Fire Marshal, e.g. rear assc. 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 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. 22 of 39 December 17, 2019, Item #1.6 TABLE NO. 507.2.2 Building Square Feet Gallons Per Minute Water Flow Capacity Gallons Duration 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 Tess 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 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 2'/2 -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 23 of 39 December 17, 2019, Item #1.6 structures of extremely Targe 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 Tess 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: Section 507.5.8 is added to read: 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- 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. 24 of 39 December 17, 2019, Item #1.6 2. Group U occupancies not greater than 749 square feet, when the building is 10 feet or more from an adjacent structure or property line. All occupancies within the City of Poway: New Occupancies Except Residential) New Occupancies - Residential Additions — All Occupancies Except Residential) Additions — Residential located in the City's very high fire hazard area* All buildings Required per Additions of more than 25% of Residences may be required greater than California the square footage of an existing to install a Sprinkler system 5,000 sq. ft. Residential building, which results in a when the proposed addition is 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. 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. Section 903.2.1 Is added to read: 25 of 39 December 17, 2019, Item #1.6 Section 903.3 is modified to read: 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 750 square feet in size hazard severity area that require a NFPA 13D life safety sprinkler system,shall be equipped with a minimum of 3/ inch water service line and % inch water meterwater 1. New structures less than 3/4 inch. 2 w builrlingsNew structures moregreater than 749 square feet in size Iocated-in meters shall be equipped with a minimum one-inch,--and—the water service line and shall one -inch water meter. A 13D life safety sprinkler system, water meters designarema at.. 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 414 2104.3.3.2 Spraying Space. Spray operations of flammable finishes are prohibited 26 of 39 December 17, 2019, Item #1.6 15.24. 0801-00 Fire Safety During Construction Section 3318 is added to read: Section 3318 Fuel Modification Zones 3318.1 - - •- :: _ _ _ _ - _ _ _ _ : • _ _ _ - General. 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. 15.24.090440 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 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. 27 of 39 December 17, 2019, Item #1.6 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, any structure. 28 of 39 December 17, 2019, Item #1.6 Unmodified Fuel Figure 4907.4 Measurements of Fuel Modification Distance 4 100 feet Modified Fuel Horizontal 100 feet Modified Fuel 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 4907.51.2.1 is added to read: 4907.51.2.1 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 4907.65 is added to read: 4907.65 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 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 29 of 39 December 17, 2019, Item #1.6 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. 1907.5.1 Trees. Horizontal clearance from tree crowns to structures shall be pruned to TABLE 1907.5.1 DISTANCE BETWEEN TREE CANOPIES Zone A No more than three trees per cluster; minimum clustered trees is 20 feet Zone B No Tess than 2x the diameter of the species' mature -canopy. X1907.5.2 Orchards, Groves, or Vineyards. All orchards, groves, and vineyards shall be ee cleared between the perimeter of the orchard trees or row of grape vines and native or vines shall be removed. Section 1907.5.3 is added to read: be free of all dead, dying, or diseased trees (excluding tree stumps no higher than six inches above the ground). Dead, dying, or diseased trees shall include insect -infested grasses, or 10 feet, whichever is greater. Firewood shall be neatly stacked and shall dispersed to a maximum depth of six inches. 30 of 39 December 17, 2019, Item #1.6 Section 4907.76 is added to read: 4907.76 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: Section 4907.7.1672 is added to read: 4907.7.1672 Landscape Installation. All landscaping shall be installed prior to final inspection for issuance of a certificate of occupancy. 15.25.100120 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 Chief 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. 15.24.110130 Flammable and Combustible Liquids Section 5704.2.9.6.1 is modified to read: 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 20193 California Fire Code and the 20182 International Fire Code in which storage of flammable or combustible liquids in outside above -ground tanks is prohibited are hereby established as the jurisdictional 31 of 39 December 17, 2019, Item #1.6 limits of the City of Poway (see exceptions at Section 5701.2.9.6.1). Exceptions: 1. With the fire code officialChief'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 officialChief 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 officialChief with a maximum capacity of 550 gallons. Such tanks may be located within a building when the fire code officialChief 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 officialChief'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, Tight industrial, or industrial park. With the fire code officialChief's approval, Class I and 11 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 or 10,000 gallons for Class II liquids. The fire code officialChief may disapprove the installation of such containers when, in the fire code officialChief'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 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 Development Services Director shall determine methods of visually screening these tanks. In no case shall such of Poway departments deem necessary, including the City's Development 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 32 of 39 December 17, 2019, Item #1.6 pits when approved by the fire code officialgli+ef. Section 5705.2.4 is modifiedadded to read: 5705.2.4 Transferring Class I, II or III liquids. Class I or 11 liquids or Class III 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 1 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 1 or II liquids or Class III 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: 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. 15.24.120448 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. 33 of 39 December 17, 2019, Item #1.6 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. 15.24.130170 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 a'/z" 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 1/4" 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.) 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. 34 of 39 December 17, 2019, Item #1.6 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: 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. 15.24.140480 Appendix B, Fire -Flow Requirements for Buildings Section B103.3 is modified to read: B103.3 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. 15.24.150490 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 35 of 39 December 17, 2019, Item #1.6 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. 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 36 of 39 December 17, 2019, Item #1.6 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. 37 of 39 December 17, 2019, Item #1.6 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 38 of 39 December 17, 2019, Item #1.6 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. 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. 39 of 39 December 17, 2019, Item #1.6 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT December 17, 2019 Honorable Mayor and Members of the City Council Faviola Medina, City Clerk � (858)668-4535 or fmedina@poway.org Second Reading and Adoption of Ordinance No. 836 entitled "An Ordinance of the City Council of the City of Poway, California, Chan ging the Zoning Classification of Certain Properties (ZC 19-002)" The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on December 3, 2019. All Councilmembers were present. There were two speakers. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Recommended Action: MULLIN, LEONARD, FRANK, GROSCH, VAUS NONE NONE NONE NONE It is recommended that the City Council adopt Ordinance No. 836. Fiscal Impact: None. Environmental Review: 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. Public Notification: A public hearing summary notice was published in the Poway News Chieftain on Thursday, November 21, 2019. A second summary notice 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. 1 of 5 December 17, 2019, Item #1.7 Attachment: A.Ordinance No. 836 Reviewed/Approved By: Wencl aserman Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: c� City Manager December 17, 2019, Item #1.7 ORDINANCE NO. 836 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 GPA19-002, amending the land use designation of 52 parcels, or portions thereof, from either the Rural Residential A (RR -A), Rural Residential B (RR -B), 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 (PRD) 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 52 parcels, or portions thereof, from either the Rural Residential A (RR -A), Rural Residential B (RR - B), 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 PRD)) zone to Open Space Resource Management (OS -RM); WHEREAS, the 52 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 GPA19-002 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 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. 3 of 5 December 17, 2019, Item #1.7 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 ZC19-002, a change of zoning designation for 52 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-B, RR-C, RS-2, RS-4, RC, PRD 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 321-111-23 from RR-A to OS-RM 277-220-07 from RR-A to OS-RM 321-110-32 from RR-A to OS-RM 276-070-36 from RR-A to OS-RM 277-220-30 from RR-A to OS-RM 317-021-18 from RR-C to OS-RM 317-021-30 from RR-C to OS-RM 314-840-06 from RR-A/B to OS-RM 277-230-07 from RR-A to OS-RM 321-250-11 from RR-A to OS-RM 314-840-18 from RR-A to OS-RM 277-220-10 from RR-A to OS-RM 276-140-22 from RR-A to OS-RM 277-010-15 from RR-A to OS-RM 317-740-66 from RC to OS-RM 273-133-11 from RS-2 to OS-RM 317-490-86 from RC/RS-4 to OS-RM 277-220-36 from RR-A to OS-RM 278-423-09 from PRD-1 to OS-RM 314-840-02 from RR-A to OS-RM 277-230-06 from RR-A to OS-RM 321-260-29 from RR-C to OS-RM 323-092-14 from RR-C to OS-RM 323-520-01 from RR-C to OS-RM 314-840-05 from RR-B to OS-RM 321-110-31 from RR-A to OS-RM 314-372-05 from RR-C to OS-RM 314-372-04 from RR-C to OS-RM 314-372-06 from RR-C to OS-RM 314-372-03 from RR-C to OS-RM 314-372-08 from RR-C to OS-RM 314-372-02 from RR-C to OS-RM 314-372-09 from RR-C to OS-RM 314-372-01 from RR-C to OS-RM 314-372-10 from RR-C to OS-RM 321-271-50 from RR-A to OS-RM 321-271-51 from RR-A to OS-RM 321-271-52 from RR-A to OS-RM 277-020-14 from RR-A to OS-RM 321-111-26 from RR-A to OS-RM 277-020-27 from RR-A to OS-RM 277-220-34 from RR-A to OS-RM 314-840-09 from RR-A to OS-RM 321-420-15 from RR-A to OS-RM 314-651-24 from RS-2 to OS-RM 323-290-12 from RR-C to OS-RM 277-020-31 from RR-A to OS-RM 314-370-04 from RR-A to OS-RM 314-031-03 from RR-A to OS-RM 321-100-22 from RR-A to OS-RM 321-100-24 from RR-A to OS-RM 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. December 17, 2019, Item #1.74 of 5 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 5 of 5 December 17, 2019, Item #1.7 City of Poway COUNCIL AGENDA REPORT DATE: December 17, 2019 TO: Honorable Mayor and Members of the City Council FROM: Faviola Medina, City Clerk CONTACT: (858) 668-4535 or fmedina©poway.org SUBJECT: Second Reading and Adoption of Ordinance No. 837 entitled "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)" Summary: The introduction and first reading of the above -entitled Ordinance was approved at a Regular City Council Meeting on December 3, 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: AYES: MULLIN, FRANK NOES: LEONARD, GROSCH ABSTAINED: VAUS ABSENT: NONE DISQUALIFIED: NONE Recommended Action: It is recommended that the City Council adopt Ordinance No. 837. Fiscal Impact: None. 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. Public Notification: A public hearing summary notice was published in the Poway News Chieftain on Thursday, November 21, 2019. A second summary notice 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 1 of 12 December 17, 2019, Item #1.8 of the City Clerk in accordance with Government Code section 36933. Attachment: A. Ordinance No. 837 Reviewed/Approved By: 6 L.., --- WendyWendy serman Assistant City Manager City Attorney Reviewed By: Approved B Alan Fenstermacher 2 of 12 Chr City Manager December 17, 2019, Item #1.8 ORDINANCE NO. 837 AN ORDINANCE OF THE CITY COUNCIL 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, 2018, 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 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 ADUs 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 December 17, 2019, Item #1.83 of 12 ATTACHMENT A 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. 4of12 December 17, 2019, Item #1.8 SECTION 8: Section 17.04.030 of the PMC shall be amended as follows: 17.04.030 Accessory dwelling unit. 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 dwetresidence and must provide for living, sleeping, eating, cooking, and sanitation on the same parcel as the main single-family or multi -family residence . 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 sin •le-famil " means a sin•le-famil dwellin• and main residence. SECTION 11: Section 17.08. 100 subsection B 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 B. Accessory dwelling unit on the same lot as an existing single-family or an existing multiple dwelling (see PMC 17.08.180) RR -A RS- RS- RS- RS - through RC RA C, RS -1 2 3 4 7 P P P P P XP XP SECTION 12: Section 17.08.170 subsections B.4, B.5 and B.6 of the PMC shall be amended as follows: 17.08.170 Property development standards — Additional requirements. [excerpts onlyl B. Required Setbacks. 4. Where a portion of a main residenceresidential 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. 5. In situations where a rural residential or single-family residential lot is so irregular, as to 5of12 December 17, 2019, Item #1.8 prohibit or unduly restrict the construction of a single-family dwellinghome, 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 Residence ing. Additions to the main residencelaukling 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 main 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, Aa 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 units. The intent of this subsection is to provide opportunities for more 6 of 12 11, 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 shall be permitted per single-family lot. Either one ADU or one JADU shall be permitted per main single-family residence or both may be permitted on a single lot provided both units meet the requirements set forth in Government Code Section 65852.2(e)(1)(A) & (B), including, but not limited to, the following: a. The ADU shall be detached, shall not exceed 16 feet in height and shall not exceed 800 square feet in floor area; and b. The JADU shall be located within a proposed or existing main single-family residence or an existing accessory structure and may include not more than 150 square feet beyond the same physical dimensions of the existing accessory structure and shall accommodate ingress and egress including exterior access from the proposed or existing single-family dwelling. The JADU shall comply with requirements of Government Code Section 65852.22 including, but not limited to, that either the JADU or the main single-family residence shall be owner -occupied. 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 main residence but December 17, 2019, Item #1.8 may not be sold or otherwise conveyed separate from the main residence. 4. Lots which contain an ADU or JADU shall not be further subdivided if the subdivision will result in a detached ADU or main residence being located on a lot containing Tess than the minimum net area required by the zoning of the property. 5. The ADU may be either detached or attached to +he primary dwelling. A detached ADU shall be located at least 10 feet from the main residences 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 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 and -shall not exceed the height of the main residencep-rirnalwelling 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 residencea-a dwelling in exterior color, architectural style, window treatments and siding and roof materials. 8. The floor area of the ADU and an JADU shall be permitted as follows: a. The floor area of an attached ADU shall not exceed 50 percent of the floor area contained in the main residence (not including garage area) or 1,500 square feet, whichever is less. The attached ADU, however, shall not be required to contain less than 1,000 square feet for an ADU that provides more than one bedroom and less than 850 for an ADU that provides no bedrooms unless this is necessary to meet setback requirements. b. The floor area of a detached ADU shall not exceed 50 percent of the floor area contained in the main residence (not including garage area) or 1,500 square feet, whichever is less. The detached ADU, however, shall not be required to contain less than 1,200 square feet unless this is necessary to meet setback requirements. c. The floor area of a JADU shall not exceed 500 square feet, shall be attached to the main single-family residence and the JADU shall meet requirements in Government Code Sections 65852.2 and 65852.22. Inn garage area) or 1,500 square feet, whichever is less. An ADU, however, shall not be required to contain less than 500 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: 7of12 December 17, 2019, Item #1.8 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 65852.22 4011. One off-street parking space shall be provided for the ADU, 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: 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. c. The ADU is part of the existing jariniacymain 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. f. The creation of a JADU that meets requirements in Government Code Sections 65852.2 and 65852.22. 412. 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 shall not be required to be replaced 4213. For a main single-family residence with a JADU, either the main single-family residence or the JADU must be occupied by the owner of the property at all times that either unit is held out for rent, pursuant to Government Code 65852.22(a)(2). Either the either unit is held out for rent. 4314. The main dwellingresidence, er-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 Tess 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 8of12 December 17, 2019, Item #1.8 constructed with a new single-family dwelling; provided, however, that this fee or charge shall not exceed the reasonable cost of providing this service. 1-617. An ADUs or JADU shall not be required to provide fire sprinklers if they are not required for the -ar-ymain single-family residencedwellinq unless the ADU exceeds 1,200 square feet in floor area. 1-718. 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: 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. 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. B. 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 residencepri . A detached habitable accessory building shall be at least 10 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 heating 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 residence +rte 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 9of12 December 17, 2019, Item #1.8 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 clwet[ing (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 gresidence, 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 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 10 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: 10 of 12 December 17, 2019, Item #1.8 a. Height. Shall not exceed 1516 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 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 1-516 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 10 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 lines 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. 11 of 12 December 17, 2019, Item #1.8 SECTION 16: All references to the Government Code are inclusive of any amendments that may occur following adoption of this Ordinance. 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 12 of 12 December 17, 2019, Item #1.8 Recommended Action: City of Poway COUNCIL AGENDA REPORT DATE: December 17, 2019 TO: Honorable Mayor and Members of the City Council FROM: Robert Manis, Director of Development Services CONTACT: David DeVries, City Planner CAIN 858) 668-4604, ddevries@poway.org SUBJECT: Summary: Darian Demerjian, Management Analyst \ 858) 668-4636, ddemerjian@poway.org Approval of Agreement between City of Poway and Gary F. Hoyt Landscape Architecture, Inc., for as -needed Landscape Plan Check and Inspection Services The City's current as -needed consultant agreement for landscape plan check and inspection services is expiring, and a new agreement is needed. After reviewing responses to a Request for Proposal, staff has selected Gary F. Hoyt Landscape Architecture, Inc., to provide as needed landscape plan check and inspection services. The term of the agreement is from December 21, 2019 through December 20, 2020, with a provision to mutually extend the agreement with three extensions of one year each. It is recommended that the City Council authorize the City Manager to enter into an agreement with Gary F. Hoyt Landscape Architecture, Inc. for as -needed landscape plan check and inspection services, effective December 21, 2019, for a period of one year with the ability to extend by one-year increments for up to three additional years. Discussion: In October 2019, the City sent out a Request for Proposal for as -needed landscape inspection services which was advertised on eBidboard and the City of Poway Website. One proposal was received from the City's current consultant, Gary F. Hoyt Landscape Architecture, Inc. The Fee Proposal from Gary F. Hoyt Landscape Architecture, Inc., Attachment 1 of the Standard Agreement, reflects a proposed flat fee of $720 for projects with a construction valuation of $1.00 to $15,000 which is aligned with the current Master Fee Schedule. The hourly rate for projects with a construction valuation of $15,001 and greater is $90/hour which is a $10 increase from the previous hourly rate. Staff reviewed the proposal and selected Gary F. Hoyt Landscape Architecture, Inc. based on qualifications, experience and competitive rates. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). 1 of 18 December 17, 2019, Item #1.9 Fiscal Impact: Sufficient funds are available for this contract in the adopted Fiscal Year 2019-20 budget. All landscape plan check and inspection services are paid for by the applicants through a flat fee or deposit, depending on the construction valuation, and then remitted to Gary F. Hoyt Landscape Architecture, Inc. for services performed. Amounts for future years will be included in the annual budget for Council's consideration. Public Notification: None. Attachments: A. Standard Agreement for Services with Gary F. Hoyt Landscape Architecture, Inc. Reviewed/Approved By: i l_ e.... W Wendy (aserman Assistant City Manager 2 of 18 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chri City Mana December 17, 2019, Item #1.9 City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 21st day of December, 2019, by and between the CITY OF POWAY (hereinafter referred to as "City") and GARY F. HOYT LANDSCAPE ARCHITECTURE, INC., (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform as - needed landscape architecture plan check and inspection services; and WHEREAS, Consultant is a landscape architect consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant 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 Consultant 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 Consultant. During said 60 - day period Consultant 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 Consultant 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 Consultant. Such termination shall be effective upon delivery of said notice. 3 of 18 ATTACHMENT A December 17, 2019, Item #1.9 5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of 18 2 December 17, 2019, Item #1.9 Consultant" 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. Consultant/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. 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/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. Robert J. Manis, Director of Development Services 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. Consultant 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 18 3 December 17, 2019, Item #1.9 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, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant 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. Consultant represents and warrants to City that Consultant 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 Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless Indemnitees 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 Indemnitees 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 Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub -consultants or employees. b) For Claims alleged to arise from Consultant's negligent performance of professional services, Indemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless Indemnitees 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 Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub -consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to Indemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of 18 December 17, 2019, Item #1.9 c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. e) Consultant 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 Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant 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 Indemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the Indemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 18 5 December 17, 2019, Item #1.9 Consultant'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. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. 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 Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60 -day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 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 Consultant and City relating to the terms and conditions of the services to be performed by Consultant. 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 (CaIPERS) and shall not become members of CaIPERS while providing services to City. 8 of 18 6 December 17, 2019, Item #1.9 Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CaIPERS 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 CaIPERS in the event CaIPERS 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. 9 of 18 Remainder of page intentionally left blank) 7 December 17, 2019, Item #1.9 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY GARY F. HOYT ARCHITECTURE, INC., a California corporation By: By: Chris Hazeltine, City Manager Gary F. Hoyt, President/CEO Date: ATTEST: Faviola Medina, City Clerk APPROVED AS TO FORM: By: Alan Fenstermacher, City Attorney 10 of 18 8 Date: December 17, 2019, Item #1.9 SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant shall provide the necessary qualified personnel to perform the services. Consultant shall provide all labor, materials, and equipment necessary for landscape plan check and inspection services as required by City, which shall include but not be limited to the following: 1. Plan Check Services a. Perform irrigation and landscape plan review of construction plans within ten business days, or as otherwise directed, for the entire plan check process including re -checks. Include recommendations based on experience with maintenance and growth rates of plant materials. b. Provide a rapid turnaround of the reviewed plans while ensuring a quality review process. Typical turnaround times for City of Poway are one to two weeks depending on the complexity of the project. c. Review conceptual landscape plans for projects during entitlement process, as needed. d. Review and comment on existing and proposed regulations and policies based on new State and Federal Statutes and as directed. e. Meet with staff and applicants when requested by staff. f. Review tree removal permits on private property, as needed. g. Attend pre -construction meetings, as needed. h. Develop and maintain written lists of corrections needed to have the submitted plans conform to the applicable codes and regulations. i. Transmit such correction lists to, and consult with, the applicant or design professional as necessary in order to explain the corrections to be made to have the proposed construction conform to the applicable codes and regulations. Issue the necessary approvals when, in the Consultant's opinion, the plans appear to be complete, have met all applicable state and local requirements and corrections are addressed. j. Update permit tracking software and transmit corrections to applicant and landscape designer or architect. 2. Field Inspection Services a. Perform field inspections within two business days upon request, or as otherwise directed, including but not limited to, inspections of plant materials (including sizing, type, height and location); its irrigation main lines, main line pressure checks, irrigation coverage (ensure spray and drip systems are functioning with minimal overspray), review/approval of plant material for City projects, required plant coverage and tree/shrubs per acre, and fire management plans: (1) during construction; and (2) prior to issuance of building certificate of occupancy to determine compliance with applicable codes and regulations. b. Develop and maintain written lists of corrections needed to have the physical improvements conform to the approved plans and applicable codes and regulations. c. Transmit such correction lists to, and consult with, the applicant or design professional or contractor as necessary in order to explain the corrections to be 11 of 18 1 December 17, 2019, Item #1.9 made to have the physical improvements conform to the approved plans and applicable codes and regulations. d. Update permit tracking software and transmit corrections to applicant, contractor and landscape designer or architect. 3. Management Approach a. The Consultant must reflect professionalism and courtesy when dealing with the public and City staff. b. The Consultant will provide copies of all correspondence records, inspection reports, and approval reports to the Department of Development Services. c. The Consultant will invoice the Department of Development Services for services rendered in a manner consistent with City standards as approved by the City's Finance Division. d. The City shall collect all fees in connection with the Consultant performing the work set forth in this proposal and under no condition will such fees be collected by the Consultant. e. Consistent with the authority contained in the law, the Consultant shall have the decision authority consistent with and necessary for the timely and proper enforcement of the laws and ordinances assigned to the Consultant for enforcement, and such decisions shall be consistent with the wording of the regulations. f. The Consultant shall provide its own office space and clerical support at its sole cost and expense. Specific accommodations to the Consultant by the City may be permitted on a case-by-case basis if such accommodations are of no additional cost to the City. g. Phone calls, text messages and emails shall be responded to within 24 hours with a reasonable timeline for completeness of requests. h. Priorities may be shifted or reorganized in order to expedite certain project reviews and inspections. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated November 5, 2019, which are included in this document as Attachment 1. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant 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. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing December 21, 2019, and ending December 20, 2020, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, 12 of 18 2 December 17, 2019, Item #1.9 documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: a) Comprehensive General Liability, including premises -operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. b) Automobile Liability, including owned, hired, and non -owned vehicles: $1,000,000 combined single limit. c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. d) Workers' Compensation insurance in statutory amount. All of the endorsements 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: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. 13 of 18 3 December 17, 2019, Item #1.9 E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 14 of 18 4 City of Poway — Development Services 13325 Civic Center Drive Poway, CA 92064 Gary F. Hoyt Landscape Architecture, Inc. 12888 Francine Terrace Poway, CA 92064 December 17, 2019, Item #1.9 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) 15 of 18 1)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 1 December 17, 2019, Item #1.9 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: 16 of 18 1)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. 2 December 17, 2019, Item #1.9 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 (f) 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 1, 2015. Annotations Notes Amendments: Note— Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(1) and (0(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 (0(4); and (3) "Judges' Retirement System" for Judges' Retirement System I" in subd (i). 17 of 18 3 December 17, 2019, Item #1.9 Gary .F. Hoyt landscape architecture, inc. Gary F. Hoyt, AS LA Principal Landscape Architecture Land Planning 12888 Francine Terrace Poway, CA 92064 tel: cell: fax: 858.486.4931 619.306.4216 858.486.6982 e-mail: ghoyt@garyfhoytinc.com RLA #2517 18of18 Attachment 1 FEE PROPOSAL Gary F. Hoyt Landscape Architecture, Inc. compensation to provide landscape plan check and inspection and other related services to the City of Poway is outlined below. 1. Flat fee for plan checks, re -checks, and inspections for, projects with a construction valuation of $1.00 to $15,000.00:, 720.00 2. Hourly rate for plan checks, re -checks, and inspections . for projects with a construction valuation of $15,001.00 • and greater: $90.00/ hour 3. Hourly billing rate for consultation as requested by the City: 90.00/hour Note: As part of the next Master. Fee Schedule update, Gary F. Hoyt Landscape Architecture, Inc. suggests. that City staff review and • consider revising the standard landscape cost estimate worksheet upon which project valuation is based. The cost estimate • worksheet does not include many corrimon landscape construction items. It has not been updated since 1993., and thus does not reflect current landscape industry costs. A review is justified due to the greater complexity of landscape plan checks, and the resultant time increases necessary to perform high quality and complete plan reviews. In the intervening years since 1993, many additional .statutory and regulatory requirements have had to be incorporated into landscape plans including storm water pollution prevention, low impact development techniques, water efficient landscape standards and water use calculations, wildland-urban interface WUI) code changes for vegetative fuel management . and fire safety, biological conservation, and • recycled water use regulations. December 17, 2019, Item #1.9 City of Poway COUNCIL AGENDA REPORT DATE: December 17, 2019 TO: Honorable Mayor and Members of the City Council FROM: Robert Manis, Director of Development Services CONTACT: Jeff Beers, Special Projects Engineer s7858) 668-4624 or ibeerscpoway.orq SUBJECT: Acceptance of the Fiscal Year 2019-2020 Zone 3 Street Maintenance Project; Bid No. 18-022 with American Asphalt South, Inc. as Complete Summary: On June 18, 2019, the City Council awarded the contract for the Extension of the Fiscal Year 2018- 2019 Street Maintenance Project Contract for the Fiscal Year 2019-2020 Zone 3 Street Maintenance Project; Bid No. 18-022 to American Asphalt South, Inc. in the amount of 1,075,753.47. This action will accept the project as complete. Recommended Action: It is recommended that the City Council: 1) Accept the Fiscal Year 2019-2020 Zone 3 Street Maintenance Project as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $54,220.64, if unencumbered, 45 days after City Council acceptance; 4) Release the Guarantee Company of North America USA Bond for Material and Labor in the amount of $1,075,753.47 after the release of retention; and 5) Retain the Guarantee Company of North America USA Bond for Faithful Performance for a period of one year. Discussion: The Fiscal Year 2019-2020 Street Maintenance Project placed approximately 4.4 million square feet of type II emulsion aggregate slurry and approximately 215, 000 square feet of polymer modified chip seal and raised 189 water, sewer and monument lids flush to grade. This work took place within Street Maintenance Zone 3 which generally are the streets south of Twin Peaks Road, east of and including Pomerado Road, north of Poway Road and west of Tarascan and Silverset Roads. There was one Change Order to zero -out the exact quantities constructed with the estimated quantities in the contract bid schedule for $8,659.35. The final contract amount is $1,084,412.82. Environmental Review: The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act. 1 of 2 December 17, 2019, Item #1.10 Fiscal Impact: The Fiscal Year 2019-2020 Zone 3 Street Maintenance Project was completed within the amount budgeted. There is sufficient funding available to release the retention in the amount of 54,220.64 (411040-43205). After the release of retention, there will be a balance of $140,907.18 remaining. Public Notification: None. Attachments: None. Reviewed/Approved By: Reviewed By: Approved By: Wendy f Caserman Alan Fenstermacher Assistant City Manager City Attorney 2 of 2 Ali Chri Hazelf City Manager December 17, 2019, Item #1.10 city of Poway COUNCIL AGENDA REPORT DATE: December 17, 2019 TO: Honorable Mayor and Members of the City Counokl FROM: Eric Heidemann, Director of Public Works ' L1 CONTACT: Pat Ryan, Interim Assistant Director of Public Works for Maintenance Operations 858) 668-4705 or pryan@poway.org SUBJECT: Acceptance of Facilities Painting 2019-20, Bid No. 20-002 Summary: This project consisted of exterior painting of 17 various facilities and assets at different locations in the City, and included all necessary equipment and supplies to complete the work as directed by the City. Recommended Action: It is recommended that the City Council: 1. Accept the Facilities Painting 2019-20, Bid No. 20-002 as complete; 2. Authorize the City Clerk to file and record the Notice of Completion; 3. Authorize the release of the retention in the amount of $4,263.65, 45 -days after City Council's acceptance; 4. Release the U.S. Specialty Insurance Company Bond for Material and Labor in the amount of $85,273.00; and 5. Retain the U.S. Specialty Insurance Company Bond for Faithful Performance for a period of one year. Discussion: On September 17, 2019, the City Council awarded the Contract for the Facilities Painting 2019- 20 project, in the amount of $85,273.00 to Harbor Coating and Restoration. The project consisted of exterior painting of 17 various facilities and assets at several locations in the City. Brief descriptions of the projects are listed below: City Hall (1) & Council Chamber (1): reseal City Hall entrance doors and Council Chamber southwest door; Crosthwaite Lounge/Records Storage (1): building exterior; Community Pool (1): trim and metal flashing; Kumeyaay-Ipai Interpretive Center (1): building exterior; Lake Poway (2): entrance sign beams and three main entrance gates (Vehicle Maintenance, Maintenance Operations and Public Works Administration); Library (1): patio cover; Library Bus Stop (1): wood cover; 1 of 2 December 17, 2019, Item #1.11 Old Poway Park/Train Depot (1): building exterior; Old Poway Park (2): gazebo railings and support posts, and flag poles; Templar's Hall (2): main entrance door and exterior window casings; Veterans Park (1): flag poles; and Water Treatment Plant (2): exterior of control building, Pump Motor and miscellaneous equipment. The notice to proceed was issued for September 30, 2019. The project was required to be completed by January 7, 2020, per the terms and conditions of the Contract. Staff finds the project to be complete in accordance with the standards and specifications of the Contract. Environmental Review: This item is not subject to California Environmental Quality Act review. Fiscal Impact: Sufficient funds are available in the Public Facilities General Maintenance Project accounts MNT0020 and MNT0021) for the release of retention in the amount of $4,263.65. Public Notification: None. Attachments: None. Reviewed/Approved By: Reviewed By: Volk Wendy <aserman Alan Fenstermacher Chri Approved By: Assistant City Manager City Attorney City Manager 2 of 2 December 17, 2019, Item #1.11 City of Poway COUNCIL AGENDA REPORT DATE: December 17, 2019 TO: Honorable Mayor and Members of the City Council FROM: Robert Manis, Director of Development Services CONTACT: Sara L. Trunzo, Associate Civil Engineer858668-4622/strunzo@poway.org SUBJECT: Road A Resolution Accepting Real Property at the west end of Danes Summary: A one -foot strip of land Tying within the County of San Diego Tract Map 2774-1, Map No. 6614, needs to be dedicated for street purposes to complete the final map for the City of Poway Tract Map 17-003. Recommended Action: It is recommended that the City Council adopt the Resolution. Discussion: When the County recorded La Paz Village Subdivision Map No. 6614 on April 6, 1970 (Attachment B), Lots 45 and 46 were approved with a one -foot panhandled portion of each lot extending across Danes Road at the western terminus. These portions of Lots 45 and 46 were offered for dedication for future street access rights. This offer was rejected by the County of San Diego at the time of map recordation. The approval of the Aria Estates project (TTM 17-003) included the extension of Danes Road to the west and assumed the future acceptance of the dedication of the one -foot strip of land at the west end of Danes Road, portions of Lots 45 and 46 of La Paz Village, for street purposes. Acceptance of this strip of land is in the public interest and necessary for the orderly development of the area and acceptance of the final map for Aria Estates. Environmental Review: An Environmental Initial Study (EIS) was completed for the Aria Estates project in 2018. It was determined that while the project will not have a significant adverse impact on the environment, there could be potential impacts in the areas of biological and archaeological resources. However, it was determined that all anticipated impacts could be mitigated to a level of less than significant. Therefore, on September 18, 2018 the City Council found that all potential environmental impacts could be mitigated to a less than significant level and thereby approved a Mitigated Negative Declaration (MND) for the project. All mitigations identified in 2018 would still apply to this project and no changes to the project have occurred, therefore, no further environmental review is necessary. 1 of 6 December 17, 2019, Item #1.12 Fiscal Impact: None. Public Notification: None. Attachments: A. Resolution B. Map No. 6614 Reviewed/Approved By: Reviewed By: Approved By: jell I v Wendy. Kaserman Alan Fenstermacher Chr' Hazel e Assistant City Manager City Attorney City Manager 2 of 6 December 17, 2019, Item #1.12 RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ACCEPTING REAL PROPERTY AT THE WEST END OF DANES ROAD LYING WITHIN COUNTY OF SAN DIEGO TRACT MAP 2774-1, MAP NO. 6614 WHEREAS, on the map of County of San Diego Tract 2774-1, recorded on April 6, 1970, as Map No. 6614 in the Office of the County Recorder, there is offered for dedication for street purposes a certain one -foot wide strip at the end of Danes Road; WHEREAS, on said Map No. 6614, the County of San Diego rejected the offer of dedication of said one -foot wide strip as hereinafter more particularly described; WHEREAS, the State of California Government Code (Subdivision Map Act) Section 66477.2(a) provides that a rejected offer of dedication shall remain open and may be accepted by resolution at any later date, and WHEREAS, because of the approval and recordation of the final map of City of Poway Tract 17-003, it is in the best public interest of the City of Poway that said one -foot wide strip be now accepted for public use for street purposes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City of Poway hereby rescinds the rejection of said strip, and does hereby accept for public use for street purposes the following: a. That portion of Lot 45 designated as "portion of Lot 45 reserved for future street" on County of San Diego Tract 2774-1, recorded April 6, 1970 as Map No. 6614 in the office of the County Recorder of San Diego County, California. b. That portion of Lot 46 designated as "portion of Lot 46 reserved for future street" on County of San Diego Tract 2774-1, recorded April 6, 1970 as Map No. 6614 in the office of the County Recorder of San Diego County, California. SECTION 2: The City of Poway is hereby authorized and directed to certify to the passage of this resolution and to cause its recordation in the office of the Recorder of San Diego County 3 of 6 ATTACHMENT A December 17, 2019, Item #1.12 Resolution No. 19 - Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on 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 4 of 6 December 17, 2019, Item #1.12 ww cro f at 5 O H 0 W I b 6 -41640P -A' IU .> W gghi$ ys 9 6~ 38 ,4'03§Er lLn sN$ g @4Q jFCWig17.. 417 18;g3 li 2< 1` hA Y~1 1P/15 g 111111! Wg;j i wisgp, ggliiii6h4i20734 iliall Niiiig1114110P °' 11n. 't ;OP 3 0a fr E V p " z W r y i l i iiloWLL V W la S 11i i r004;11;41!!< JJ1i ,- Owle 226Za ZCC[iiii{ 1/ 6 ii 1 131011 1 NIIPU; I!!IUfjJkIX:Iiil 141;4:014!iik11111110 01: RC ii silo TFC r i lig 3r" pqhmiff. LL'` OG11W``. 11((77 11 ill!illiMilli •[` u 4 xrAFW 4 b 1 4111 1 e r 11 PdF aij s p vt egg a Mil U 1 glib Li 4 nPobAtilpW Ai$3 4 i wilp lW '° me ^ W 8 3{ US ZVp° dQrb7NWng4.°6oOgS 4,540,211i gqi f. sgi 11214.P - eh 1 F aw - oNe ICOQQ_ Tgi LI ala aZ' dJ z N yMtl y!, FFFF° y V.6gi 418{ l 41 Y31 . pp44 .- S ''' FpY4 pp yy` J, = FZ822 (( JbOf+J`LLOQQ C) cii Nola911 /411111" 1/1 Oeg ti 99 =" Beli Lot s Z to., 52.. Ego gi MQp66/ 4,. f¢ a,; •x`•38 at4te 111 Y V ` p 1 ATTACHMENT B December 17, 2019, Item #1.12 MICROFILMEDAl 16: 1 REDUCTION 1.1( 11N SHEET 3 OF 4 ILJ a. 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An existing residence will remain on one of the lots. The site is located on the west side of Olive Tree Lane approximately 1,200 feet north of Poway Road in the Residential Single Family -7 (RS -7) zone. The project complies with all City standards. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: The project applicant and property owner is Alva Diaz. The flat 0.4 -acre project site is developed with a single residence and a detached garage and is immediately surrounded by single-family residential properties. Located further south of the property on Olive Tree Lane is the Mossy Nissan Automobile Dealership, the Olive Tree Apartment Complex, and the backyard of the Mt. Olive Lutheran Church. A zoning location map is included as Attachment B. The minimum lot size in the RS -7 zone is 4,500 square feet. The applicant proposes to split the property into two parcels with the existing residence to be located on a 10,328 square -foot net area parcel, allowing 4be oukiu u parcel 4. o L C- (5,599 qudie feet let died. The p1 ui.Ju ed subdivision map is included as Attachment C. Both properties will meet the minimum lot depth and lot width standards for the RS -7 zone. Olive Tree Lane is a private road with existing City water and sewer utilities. As such, the residents of Olive Tree Lane are responsible for maintaining the road. The applicant will be required to enter into the existing Private Road Maintenance Agreement on Olive Tree Lane. Olive Tree Lane currently meets the required road width for a private road. Improvements to Olive Tree Lane required in conjunction with the proposed subdivision include new curb and gutter and new street trees fronting the property. Olive Tree Lane is served by overhead electrical and telecommunications utilities. Although, there are two utility poles on-site, requiring them to be undergrounded will not result in an overall 1 of 9 December 17, 2019, Item #3.2 reduction in the number of poles in the neighborhood as additional poles would have to be added to continue the overhead service beyond this property. This would be financially burdensome for a project this size without much benefit. The applicant will need to enter into an Underground Utility Waiver Agreement. The sewer lateral for the existing residence on the site crosses the proposed new property line that will divide the property. The applicant will need to construct a new sewer lateral to serve the existing residence. The existing lateral will be used for the new vacant parcel at the time of its development. A Minor Development Review Application will be required prior to construction of a new home on the proposed new lot. The proposed subdivision would be consistent with General Plan policies and standards in the Poway Municipal Code. Neighborhood Meeting Three people attended a neighborhood meeting that was held on October 29, 2019. The applicant presented her project and the comments were generally favorable. One person expressed a concern opposing increasing the density of housing in the area. Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as Class 15 Categorical Exemption, pursuant to Section 15315 of the CEQA Guidelines, in that the project involves the division of land into two parcels within an urbanized area in compliance with all City codes and standards and the average slope of the property is less than 20 percent. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, December 5, 2019 and mailed to property owners and occupants located within 500 feet of the project site. Additionally, a Notice of Pending Development Application concerning the project was posted on the subject property by the Applicant. Attachments: A. Resolution approving TPM B. Zoning and Location Map C. Proposed TPM Reviewed/Approved By: Reviewed By: Approved By: Wendy aserman Alan Fenstermacher Chri. Ha -'` ine Assistant City Manager City Attorney City Manager 2 of 9 December 17, 2019, Item #3.2 RESOLUTION NO. P -19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 19-001, ASSESSOR'S PARCEL NUMBER 323-190-51 WHEREAS, Tentative Parcel Map (TPM) 19-001 was submitted by the Alva A. Diaz Trust, Applicant and Owner, requesting a two -lot subdivision of an approximate 0.4 -acre parcel at 13424 Olive Tree Lane, which is developed with an existing single-family residence to remain within the Residential Single Family -7 (RS -7) zone; WHEREAS, on December 17, 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 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 project is Categorically Exempt from the California Environmental Quality Act (CEQA), as Class 15 Categorical Exemption, pursuant to Section 15315 of the CEQA Guidelines, in that the project involves the division of land into two parcels within an urbanized area in compliance with all City codes and standards and the average slope of the property is less than 20 percent. Section 2: The findings, in accordance with the State Subdivision Map Act Government Code Section 66410 et. Seq.), TPM 19-001 are made as follows: A. That the proposed map is consistent with the objectives, policies, general land uses and programs of the General Plan in that it proposes to create two residential lots at a density that is consistent with the General Plan designations and Poway Municipal Code (PMC) standards. B. That the design of the proposed subdivision is consistent with the General Plan in that the approved lot sizes and configurations adhere to the development standards of the General Plan and PMC. C. That the site is physically suitable for the type of development in that the site is large enough to provide two lots meeting size standards and the existing residence will remain. D. That the site is physically suitable for the proposed density of development in that the site is Targe enough to provide two residential lots meeting size standards. E. That the design of the lot division is not contrary to the policy of the State legislature as stated in Chapter 1, commencing with Section 21000, of the State Public Resources Code, or likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that the project will not be impacting any native habitat. No development is proposed as a part of this project. 3 of 9 ATTACHMENT A3 of 9 December 17, 2019, Item #3.2 Resolution No. P -19 - Page 2 F That the design of the lot division is not likely to cause serious public health problems in that City water and sewer services are available to the site. G. That the design of the lot division will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that the lot split can occur without obstructing or otherwise impacting existing or new easements. The requirement for undergrounding utility facilities is waived by the City Council in accordance with criteria and provisions in PMC Section 16.18.030(A)(11). Section 3: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows: A. The design of the proposed development is consistent with all elements of the Poway General Plan, as well as City ordinances, because all necessary services and facilities will be available to serve the project. B. In accordance with the Poway General Plan, the project and future dwelling units will require the payment of development impact fees, which are assessed on a pro -rata basis to finance public infrastructure improvements which promote a safe and healthy environment for the residents of the City. Section 4: The City Council hereby approves TPM 19-001 as shown on the plans included in the agenda report and are incorporated herein as Exhibit A, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation -related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this request shall not waive compliance with any section of the Zoning Ordinance or other applicable City ordinances in effect at the time of Building Permit issuance. C. This approval is based on the existing site conditions represented on the TPM. If actual conditions vary from representations, the TPM must be changed to reflect the actual conditions. Any changes to the approved TPM, prior to parcel map approval, must be approved by the Director of Development Services and substantial changes may require approval of the City Council. D. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. 4 of 94 of 9 December 17, 2019, Item #3.2 Resolution No. P -19 - Page 3 E. Within 30 days of this approval the applicant shall submit in writing that all conditions of approval have been read and understood. F. Prior to parcel map recordation, unless other timing is indicated, the following conditions shall be complied with: Engineering) 1. The applicant shall include provisions in their design contract with their design consultants that, following acceptance by the City, all construction drawings or technical reports accepted by the City (exclusive of architectural building plans) shall become the property of the City. Once accepted, these plans may be freely used, copied or distributed by the City to the public or other agencies as the City may deem appropriate. An acknowledgement of this requirement from the design consultant shall be included on all construction drawings at the time of plan submittal. 2. Complete an underground waiver application for the existing onsite utility poles. 3. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the parcel map, for the mylar reproduction of the recorded tract map shall be posted. If a mylar copy of the map is provided to the City within three months of its recordation or prior to building permit issuance, whichever comes first, the security shall then be returned. (See Poway Municipal Code Section 16. 12.060 B for sub divider's responsibility to provide a reproducible mylar copy to the City.) 4. The property owner will be required to install curb and gutter per Poway Municipal Code standards for a semi -rural non -dedicated road prior to subdivision. Prior to the start of any work within the City right-of-way or easement, a Right -of -Way Permit shall be obtained from the Engineering Division of the development Services Department. All appropriate fees shall be paid prior to permit issuance. 5. The proposed water service to the new parcel shall be located so that it fronts Parcel 2. The existing sewer lateral serving Parcel 1 shall remain for the use of Parcel 2 and a new sewer lateral shall be constructed to serve Parcel 1. Prior to start of any work within the City right-of-way, a Right -of -Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 6. The applicant shall pay the drainage impact development fee in effect at the time of subdivision. The current fee amount is $1,200 (Poway Creek Basin). 7. A fee of $1,100.00 per sheet of the final map for plan check is required. 8. After subdivision, both parcels will continue to be considered one project as defined by the San Diego Regional Water Quality Control Board. Any future improvements (on either parcel) adding and/or replacing impervious area may cause the project to be classified as a Priority Development Project as defined in the Poway BMP Design Manual. 5 of 95 of 9 December 17, 2019, Item #3.2 Resolution No. P -19 - Page 4 Planning) 1. The applicant shall provide a minimum 15 -gallon street tree with minimum 25 square feet of planting area planted at a ratio of every 30 feet of street frontage along Olive Tree Lane with a species approved in the City adopted Street Tree Program. The appropriate irrigation shall be provided. Landscape and Irrigation plans shall be provided. Landscape and irrigation plans shall be reviewed and approved prior to installation. 2. The project is located within the Federal Aviation Administration (FAA) Influence Area 2 for Marine Corps Air Station Miramar. As such, provide appropriate exemption or mitigations requested from the FAA. 3. Provide Will -Serve letters from all serving utilities. G. Prior to Issuance of Building Permit, unless other timing is indicated, the following conditions shall be complied with: Engineering) 1. The owner of the new parcel shall join the existing Private Street Maintenance Agreement for Olive Tree Lane. 2. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 3. A minimum cash security of $2,000 for erosion control is required. 4. The applicant shall attend a pre -construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 5. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. The current fee amount is $1,318. 6. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 7. Prior to start of any work within a City -held easement or right-of-way, a Right -of - Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 8. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. 6 of 96 of 9 December 17, 2019, Item #3.2 Resolution No. P -19 - Page 5 Planning) 1. A Minor Development Review Application for the new residence shall be submitted and approved. 2. An Affordable Housing In -Lieu Fee will be required. The current rate is $500 per unit. Section 5: The approval of TPM 19-001 shall expire on December 17, 2021, at 5:00 p.m. The parcel map conforming to this conditionally approved TPM shall be filed with the City so that the City may approve the parcel map before this approval expires, unless at least 90 days prior to the expiration of the TPM, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. Section 6: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on 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 7 of 97 of 9 December 17, 2019, Item #3.2 8 of 9 ATTACHMENT B8 of 9 December 17, 2019, Item #3.2 9 of 9 ATTACHMENT C N3Hd31S VIA o NrlS 01 z a g z UJ 9 of 9 December 17, 2019, Item #3.2 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT December 17, 2019 Honorable Mayor and Members of the City Council Aaron Beanan, Director of Finance � Aaron Beanan, Director of Finance (858)668-4411 or abeanan@poway.org Fiscal Year 2018-19 General Fund Financial Performance This report for Fiscal Year (FY) 2018-19 only discusses the unaudited General Fund financial performance as of June 30, 2019. As such, the information contained in this report may differ from the audited Comprehensive Annual Financial Report (CAFR), which is still being finalized. This report does not include information related to enterprise funds, including the water and wastewater funds, or other non-General Fund accounts. Recommended Action: It is recommended that the City Council receive this report. Discussion: The FY 2018-19 budget was adopted anticipating there would be an $852k General Fund operating surplus. In March 2019 the FY 2018-19 mid-year budget update increased the anticipated General Fund operating surplus to $1.55M. Higher projected revenues were the primary driver for this increased projection. During the mid-year budget update, staff indicated the actual financial performance of the General Fund wouldn't be known until FY 2018-19 closed. For FY 2018-19, the General Fund had revenues of $50.0?M, expenses of $50.22M, and other financing sources of $1 .48M for a total surplus of $1.33M, as shown in the table below. General Fund Revenues Budget Actual Variance Taxes $38,216,120 $39,050,341 $834,221 CharQes for Services 4,059,854 3,635,111 (424,743) Developer Fees 2,890,025 2,897,874 7,849 Other 3,385,950 4,485,482 1,099,532 Total $48,551,949 $50,068,808 $1,516,859 General Fund Expenses Community Services $6,380 ,590 $5,839,704 $540,886 Development Services 5,790,318 4,977,001 813,317 General Government 6,909,522 6,145,232 764,290 Public Safety 25,756,202 25,092,171 664,031 Public Works 4,768,507 4,401,878 366,629 Capital Outlay 22,519 ,682 3,765,612 18 ,754,070 Total $72,124,821 $50,221,598 $21,903,223 Other Financing Sources/(Uses) $1,484,333 $1,484,333 $0 Total Surplus/(Deficit) $1,331,543 1 of 3 December 17, 2019, Item #4.1 Revenues came in $1.5M higher than anticipated. Taxes ended the year $834K higher than anticipated. Decreases in Redevelopment Property Tax revenues of $230k, due to lower administration related revenues, were offset by higher than anticipated Sales Tax revenues of $670K, due to unanticipated performance by two taxpayers, and Property Tax revenues of $350k, primarily related to new commercial development. Charges for Services ended the year $424k lower than anticipated. Decreases in Ambulance Fee revenue of $250k related to timing differences, decreases in Telecomm Leases of $104k due to timing differences, and decreases in Recreation related revenues of $69k due to the Poway Community Swim Center closure were the largest drivers of this variance. Other revenues came in $1.1 M higher than anticipated which was driven almost entirely by interest of $966k. Of this amount, however, $403k represents unrealized gains. Unrealized gains do not directly benefit the city until the underlying investments are liquidated. The practice of the investment committee is to hold investments to maturity maximizing interest earnings and potential price appreciation over the long term. Expenses came in $21.9M lower than anticipated. Much of this difference is $18.8M in capital outlay that has not yet been completed. Projects in progress at June 30 , 2019, such as the Mickey Cafagna Center and Espola Road, account for this difference. Approximately $3.1 M relates to operating departments coming in under budget. Of that amount, $1.2M relates to salary and benefit savings from 35 vacancies which occurred during various parts of the fiscal year. The remaining $1.9M in savings relates to maintenance and operations. The Poway Community Swim Center's closure was a leading contributor to budget savings in Community Services. Fewer development projects contributed to savings in the Development Services budget. Not all vehicles identified for replacement were replaced during the year leading to savings in General Government. A City of San Diego bill credit for previous overcharges in the Fire Dispatch Service contract was a contributor to the savings in the Public Safety budget. Several projects, such as park and playground refurbishments, were not completed prior to the end of the fiscal year which contributed to the savings in Public Works. Fund balance classifications changed with Governmental Account Standards Board Statement No. 54. The table below gives a brief definition for each type fund balance classification relevant to the General Fund along with an example of the classification for reference. Classification Definition Nons endable uired to be maintained Committed Extreme events reserve Use is narrower than the Encumbrances No restrictions General Fund balance for FY 2018-19 increased by $1.33M as shown in the table below. General Fund Balance FY 2017-18 FY 2018-19 Variance Nonspendable: $15,639,036 $15,550,648 ($88,388) Committed: Economic volatility: revenue 4,293,683 4,658,284 364,601 Economic volatility: expense 2,146,841 2,328,706 181,865 Extreme events 12,881,059 13,974,863 1,093,804 Assigned: 16,613,992 15,592,275 (1,021,717) Unassigned: 14,063,706 14,865,084 801,378 Total General Fund Balance $65,638,317 $66,969,860 $1,331,543 The City was able to maintain compliance with its General Fund Reserve Policy of 45 percent by adding $1.6M to its economic and extreme events reserves during FY 2018-19. Unassigned fund balance increased approximately $800k. However, as historically reported, unassigned fund balance includes ongoing capital project funds which have not yet been encumbered for contracts. Accounting for ongoing capital projects which have not yet been encumbered to contracts, the 2 of 3 December 17, 2019, Item #4.1 unassigned fund balance only increases $117k as shown in the table below. Unassigned Fund Balance FY 2017-18 FY 2018-19 Variance As reported in CAFR $14,063,706 $14,865,084 $801,378 Less: Ongoing capital projects {6,484,425) (7,168,445) (684,020) Total Available $7,579,281 $7,696,639 $117,358 Therefore, the General Fund has available unassigned fund balance of $7.7M. Government Finance Officers Association (GFOA) best practice suggests that unassigned fund balance be used for one-time expenditures, not ongoing recurring expenditures. For example, the City will be purchasing self-contained breathing apparatus (SCBAs) for the Fire Department using unassigned fund balance since the SCBA grant application was denied. Staff is in ongoing negotiations with the City of San Diego about the City of Poway's proportionate share of the Los Penasquitos Watershed Management Area Water Quality Improvement Plan and Comprehensive Load Reduction Plan project. Unassigned fund balance could pay for the City's proportionate share since it is not an ongoing expenditure. The potential future expenditures related to the Espola Road Safety Improvement Project, should funding be required in addition to what has already been programmed, would also be a good candidate for unassigned fund balance under GFOA's best practice recommendations. Depending on the outcome of discussions with Poway Unified School District and future Council direction, the extensive capital projects needed at the Poway Center for the Performing Arts (PCPA) would also be a good candidate for unassigned fund balance. The rising operational costs of PCPA would need to be addressed separately as they are ongoing expenditures, not one-time. Additionally, the City is also still in the process of appealing a recent decision by the State to redistribute sales tax dollars received in 2005 in a manner that would adversely impact the City. Because the issues involve a single taxpayer, most details are confidential. Should the City be required to reimburse the State, unassigned fund balance would be appropriate under GFOA's best practice recommendations. Further, at the September 18, 2018 City Council workshop on the California Public Employees' Retirement Systems (PERS) actuarial analysis, the Council expressed interest in identifying funds to pay down some of the City's unfunded pension liability. Funding this liability would also be appropriate from unassigned fund balance. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: There is no direct fiscal impact associated with this staff report because it only contains information related to the financial performance of the General Fund during FY 2018-19. Public Notification: None. Attachments: None. Reviewed/Approved By: Wendy aserman Assistant City Manager 3 of 3 Reviewed By: Alan Fenstermacher City Attorney Approved By: December 17, 2019, Item #4.1 December 17, 2019, Item #4.2 DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT December 17, 2019 Honorable Mayor and Members of the City Council Wendy Kaserman , Assistant City Manager iJ{. Jodene Dunphy, Director of Human Resources & Risk Management ~ 858-668-4413 or jdunphy@poway.org (J Adoption of Resolutions authorizing the City Manager to Execute, on Behalf of the City of Poway, a Memorandum of Understanding , Effective July 1, 2019, through June 30, 2021 , between the City and the Non-Safety Employees Bargai ning Group (Teamsters Local 911) Incorporating the Terms of the Tentative Agreement and Appropriating Funds in FY 19-20 The existing Memorandum of Understanding (MOU) with the Teamsters Local 911 (Teamsters), representing the Non-Safety Bargaining Group expired on June 30, 2019. Staff has reached a Tentative Agreement (Exhibit A of Attachment A) with Teamsters which includes a two-year term for the new MOU effective July 1, 2019, through June 30, 2021 . The MOU between the City of Poway and the Poway Firefighters' Association (PFA) expired on June 30, 2019. The City and the PFA are still currently negotiating, therefore this staff report does not include salary and benefit provisions or changes for the PFA. Recommended Action: It is recommended that the City Council adopt the Resolutions . Discussion: Background On June 18, 2019, the City Council approved a balanced Fiscal Year 2019-20 budget that did not include any across the board salary increases for represented or unrepresented employees. On September 17, 2019 , the City Council approved salary and benefit changes for City employees in the Management/Confidential group that were conservative and fiscally responsible given the budget outlook for Fiscal Years 2019-20 and 2020-21. The key economic item approved for Management/Confidential employees was a $3 ,000 stipend in Fiscal Year 2019-20 and a $2,000 stipend in Fiscal Year 2020-21 . To restate what was included in the September 17, 2019, staff report for recommended changes to the salary and benefits for Management/Confidential employees, the City does not have the ability to provide wage increases from the General Fund that need to be sustained year over year based on the current status of the City's General Fund operating budget and projections for next fiscal year. A 1 % city-wide salary increase, which also increases the cost of other wage-based benefits, would result in an unbalanced budget by Fiscal Year 2020-21 and result in reserve draws to balance the budget on an ongoing basis. Us ing one- 1 of 19 December 17, 2019, Item #4.2 time funds to cover ongoing expenses can be compared to taking from a savings account to fund ongoing, recurring bills paid from a checking account. This is not a sustainable financial strategy and, therefore, not recommended. The Tentative Agreement (TA) with Teamsters supports the City's financial strategy to use undesignated one-time funds to provide one-time stipends in each of the next two fiscal years. The one-time funds are available from savings in prior year budgets. The TA demonstrates a strong commitment by the City to provide its employees with salary and benefit adjustments it can afford, without implementing financial management strategies that could lead to service reductions and a decrease in the City's fiscal health. It also addresses a significant recruitment and retention issue with utility positions in the Public Works Department. Additionally, the current Fiscal Year 2019-20 budget includes ongoing step increases for employees pursuant to publicly adopted salary schedules as well as funding to cover increasing costs in pension and healthcare that are increasing even without approving across the board salary increases for employees. Negotiations California law provides for the determination of public employee wages, hours and other terms and conditions of employment through a process of meeting and conferring between public agency representatives and employee bargaining unit representatives. Negotiations between the City of Poway and representatives from Teamsters Local 911, representing 99 non-safety employees (94.15 Full-Time Equivalent positions), began in May 2019. After 12 meet and confer sessions, a Tentative Agreement was reached. The Teamsters Bargaining Unit voted to ratify the Tentative Agreement on December 10, 2019. Tentative Agreement with Teamsters Key economic provisions of the Tentative Agreement with Teamsters include the following: 1. Stipends • $3,000 in Year 1 • $2,000 in Year 2 Teamsters employees will have the choice to take the stipend as a cash payment or to deposit the stipend into the employee's ICMA 457 account. The stipends will be reported to CalPERS for employees considered CalPERS "classic" employees in the City's Tier 1 and Tier 2 retirement groups. Pursuant to the California Code of Regulations section 571.1, the stipends are not reportable as compensation for employees in Tier 3, commonly referred to as "PEPRA" employees hired after January 1, 2013, when the Public Employees' Pension Reform Act (PEPRA) took effect. Employees must be employed on the date the one-time stipend is distributed. The stipends shall be pro-rated for part-time, regular employees based on their Full Time Equivalent (FTE) status. In 2019, the average across the board salary increase for all other San Diego cities is 2.34%. The $3,000 stipend proposed for all Teamsters employees equates to an average salary increase of 5.67%, which is higher than the market to acknowledge the fact that it is a one-time payment instead of an ongoing across the board salary increase. Based on growing concerns for the City's FY 2020-21 budget, an anticipated end to the current economic expansion, and the list of projects on the horizon for the City, the proposed stipend in Fiscal Year 2020-21 is less at $2,000, which is an average salary increase of 3.68% for Teamsters employees. This provides a carve out of one- time funds in the Fiscal Year 2020-21 budget to provide one-time stipends to non-safety employees represented by the Teamsters bargaining unit. 2 of 19 December 17, 2019, Item #4.2 2. Special Range Salary Adjustments In Fiscal Years 2017-18 and 2018-19, there were 58 vacancies in regular positions across the City organization, of which 22 (almost half) were in the Public Works Department, with 10 in utility positions. Furthermore, over the past two fiscal years, turnover rates in positions represented by the Teamsters bargaining unit were the highest among the City's three employee groups. In Fiscal Year 2018-19, the turnover rate for employees represented by the Teamsters bargaining unit was 19.40%, compared to the Management/Confidential group at 17.54%, and the Poway Firefighters Association at 6.29%. In Fiscal Year 2017-18, the turnover rates were 14.98% for Teamsters, 12. 77% for Management/Confidential employees and 8.55% for employees represented by the Poway Firefighters Association. As part of the meet and confer process and in response to the turnover rates, an analysis of the market for public works positions, with a focus on the utility positions, was conducted. Through this analysis, it was determined that certain pay grades for utility positions are well below market when comparing to other agencies with comparable positions. This is believed to be the most significant reason for the recruitment and retention challenges the City is experiencing in those positions. Salary range adjustments are needed to bring certain positions as close to median as possible within the City's salary plan classification structure to relieve the challenges with recruiting and retaining highly qualified employees in the specialized utility positions. Because the utility positions are fully funded by water and sewer funds, the Tentative Agreement commits to the adjustments contingent upon the outcome of the water and sewer rate setting process to be completed in March 2020. 3. Recuperation Time The City will provide up to four hours of recuperation time for Non-Safety Employees to allow employees a rest and recovery period after working extended work hours due to emergency situations. This safety protocol will allow staff who have been on duty for 16 or more hours within a 24-hour period to rest for seven consecutive hours prior to returning to work for their next regularly scheduled work shift. 4. Mechanic's Certification The City will provide a one-time certification pay of $1,000 to the Senior Equipment Mechanic and Equipment Mechanic who has or will obtain the State of California Fire Mechanic II certification and $500 upon recertification of the State of California Fire Mechanic II certification. 5. Extend Shift Differential to Weekend Day Shifts at Filtration Plant Filtration plant employees required to work evening (3:00 p.m. to 11 :00 p.m.) and overnight (11 :00 p.m. to 7:00 a.m.) shifts Monday through Friday, as well as Saturday and Sunday, currently receive shift differential pay of 7.5% in addition to their regular rate of pay. This item provides shift differential to employees working the day shift (7:00 a.m. to 3:00 p.m.) on Saturdays and Sundays. 6. Safety Shoe Reimbursement The current MOU provides employees required to wear safety shoes with a reimbursement of up to $200 per fiscal year for required safety shoes. This amount will increase to $250 for the 36 eligible classifications listed in the Tentative Agreement. 7. Meal Reimbursements Employees who work in excess of 12 consecutive hours currently receive meal reimbursements of $12, if a meal is not otherwise provided. The U.S. General Services Administration, a guide used by the City to set meal reimbursement rates, establishes per diem and meal rates based on 3 of 19 December 17, 2019, Item #4.2 location. For the 2019-2020 year, San Diego County is listed with lunch rates at $18 and dinner rates at $31. The meal reimbursement covered by the MOU is conservatively increased to $20 to allow for the increased cost of purchasing a meal. In addition, employees not assigned to standby duty, but are called in on weekends or closed Fridays for more than four consecutive hours will be entitled to the Meal Reimbursement. 8. Benefit day hours Benefit day hours will increase from 16 hours to 18 hours per year for full-time, regular employees. Part-time, regular employees will receive the pro-rated equivalent based on their FTE. This is a non-cash benefit which does not impact the budget. 9. One-Time Holidays The City will add one-time paid holidays on Thursday, December 26, 2019, and Thursday, December 24, 2020. This is one less additional holiday than what was approved and provided to employees in 2018 and is also a non-cash benefit which does not impact the budget. Other non-economic items proposed for employees represented by Teamsters include the implementation of the ICMA-RC 457 loan program for conventional loans; the ability for employees to use vacation time as it is accrued from date of hire and in accordance with already established vacation accrual tables; and the extension of the initial (new hire) probationary period from six months to twelve months from date of hire. The MOU for Non-Safety Employees will be revised to reflect other non-substantive clean-up revisions along with the changes listed above, which have been incorporated in the Resolution (Attachment A). The financial terms incorporated into the MOU will not extend beyond those included in the Resolution and Tentative Agreement (Attachment A). The current MOU expired on June 30, 2019. A new MOU will be generated, finalized and executed with the City Council's approval of the attached Resolution (Attachment A). The MOU will be effective retroactively to July 1, 2019, through June 30, 2021, and will incorporate the terms listed in the Tentative Agreement attached to the Resolution (Attachment A). Environmental Review: This information is not subject to CEQA review. Fiscal Impact: The total projected fiscal impact of the proposed financial terms of the Tentative Agreement with the Teamsters for Fiscal Year 2019-20 is estimated at $323,920. The General Fund portion of the total cost is estimated at $161,753. The total projected fiscal impact of the proposed financial terms of the Tentative Agreement with the Teamsters for Fiscal Year 2020-2021 is $218,350. The General Fund portion of the total costs is estimated at $108,291. The cumulative fiscal impact for the two-year period covered by the Non-Safety MOU is estimated to be $542,270. The General Fund portion of the total cost is $270,044. The cost of special salary adjustments is contingent on the approval of water and sewer rate increases and are therefore not included in the fiscal impact statement. The special salary adjustments are funded entirely through the water and sewer funds and will be included in the rate study analysis. Should water and sewer rate increases be approved, an updated salary schedule 4 of 19 December 17, 2019, Item #4.2 will be presented to the City Council for approval. Public Notification: None. Attachments: A. Resolution authorizing the execution of a two-year Memorandum of Understanding between the City of Poway and the Non-Safety Bargaining Unit Employees (California Teamsters Local 911) for the period of July 1, 2019 through June 30, 2021 B. Resolution appropriating funds in FY 2019-20 to implement the financial terms of the Tentative Agreement with the Non-Safety Bargaining Unit Employees (California Teamsters Local 911) Reviewed/Approved By: Wend Kaserman Assistant City Manager 5 of 19 Reviewed By : Alan Fenstermacher City Attorney Approved By: City Manager December 17, 2019, Item #4.2 RESOLUTION NO. 19-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY AUTHORIZING THE EXECUTION OF A TWO- YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND THE NON-SAFETY BARGAINING UNIT EMPLOYEES (CALIFORNIA TEAMSTERS LOCAL 911) FOR THE PERIOD OF JULY 1, 2019 THROUGH JUNE 30, 2021 WHEREAS, the City of Poway, through its management representatives, has met and conferred in good faith with the Non-Safety Bargaining Unit Employees (California Teamsters Local 911); WHEREAS, the representatives of the City and Teamsters each have exchanged freely information, opinions and proposals on matters regarding wages, hours and other terms and conditions of employment for employees in the Non-Safety Bargaining Unit; WHEREAS, the City and Non-Safety Bargaining Unit (California Teamsters Local 911) representatives have agreed on the term of a new Memorandum of Understanding to be July 1, 2019, through June 30,2021; WHEREAS, the City and Non-Safety Bargaining Unit representatives have agreed upon the items as contained in the Tentative Agreement attached hereto as "Exhibit A"; and WHEREAS, the Non-Safety Bargaining Unit (California Teamsters Local 911) has ratified the Tentative Agreement for the period of July 1, 2019, through June 30, 2021; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: That the items in the Tentative Agreement (Exhibit A) be incorporated into the Memorandum of Understanding and adopted for implementation effective July 1,2019. Section 2: That the City Manager is hereby directed and authorized to implement all provisions of the adopted Tentative Agreement which are to be incorporated into the Memorandum of Understanding without further specific actions by the City Council. No additional financial terms will be assumed beyond the terms of the approved Tentative Agreement when finalizing and executing the Memorandum of Understanding. 6 of 19 ATTACHMENT A December 17, 2019, Item #4.2 Resolution No. 19- Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 17th day of December, 2019. Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on 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 7 of 19 December 17, 2019, Item #4.2ATTACHMENT B RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROPRIATING FUNDS IN FISCAL YEAR 2019-20 TO IMPLEMENT THE FINANCIAL TERMS OF THE TENTATIVE AGREEMENT WITH THE NON-SAFETY BARGAINING UNIT EMPLOYEES (CALIFORNIA TEAMSTERS LOCAL 911) WHEREAS, on December 17, 2019, the City Manager of the City of Poway has submitted to the City Council of the City of Poway a Salary and Benefit Plan for Teamsters employees for Fiscal Year 2019-20 and Fiscal Year 2020-21; WHEREAS, an appropriation in Fiscal Year 2019-20 of $323,920 is necessary to implement the year 1 changes to the Salary and Benefit Plan document for employees designated as Teamsters; WHEREAS, an appropriation in Fiscal Year 2020-21 of $218,350 is necessary to implement the year 2 changes to the Salary and Benefit Plan document for employees designated as Teamsters and will be requested as part of the Fiscal Year 2020-21 budget; and WHEREAS, the appropriations for year 1 and year 2 changes to the Salary and Benefit Plan document for employees designated as Teamsters will come from unassigned General Fund balance, Gas Tax Fund balance, Road Repair Fund balance, Prop A (70%) Fund balance, Prop A (30%) Fund balance, Drainage Fund balance, LMD Funds fund balance, Water Fund balance, Wastewater Fund balance, and Fleet -Vehicle Maintenance fund balance and sufficient funds are available; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 8 of 19 1. That the above recitations are true and correct. 2. That the director of finance is authorized to appropriate $323,920 to cover the Fiscal Year 2019-20 Salary and Benefit Plan expenses for the Teamster Group of employees which will have impacts based on the cost allocation plan as follows: Fund Amount General Fund: 1000 $161,753 Gas Tax Fund: 2110 7,107 Road Repair: 2120 4,543 Prop A (70%): 2230 4,017 Prop A (30%): 2240 2,628 Drainage Fund: 2310 16,684 LMD: 26xx,27xx 5,662 Water Fund: 5100 81,827 Wastewater Fund: 5200 27,998 Fleet-Vehicle Maintenance Fund: 6110 11,701 Total $323,920 3. That the Fiscal Year 2020-21 appropriation of $218,350 from fund balance will be included as part of the final Fiscal Year 2020-21 budget. December 17, 2019, Item #4.2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on 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 9 of 19 December 17, 2019, Item #4.210 of 19 1. Term City of Poway & Teamsters Bargaining Unit TENTATIVE AGREEMENT December 10, 2019 July 1, 2019 through June 30, 2021 Article 4. Duration of Agreement This entire Agreement shall commence at 12:00 a.m. on July 1, 201+9 and terminate at 11 :59 p.m. on June 30, 204921. 2. Wages A. Stipends Year 1: $3,000 Stipend (reportable to PERS)* Year 2: $2,000 Stipend (reportable to PERS)* *Stipends are not PERSable for PEPRA employees or for Classic employees if the stipend equates to 6% or more of salary. Employees will have the choice to take the stipend as a one-time cash payment or to make a one-time deposit into the employee's ICMA 457 account. The stipends will be reported to CalPERS for employees considered CalPERS "classic" employees in the City's Tier 1 and Tier 2 retirement groups. Pursuant to the California Code of Regulations section 571.1, the stipends are not reportable as compensation for employees in Tier 3, commonly referred to as "PEPRA" employees hired after January 1, 2013 when the Public Employees' Pension Reform Act (PEPRA) took effect. B. Salary Range Adjustments -Utilities Positions Article 5. Wages \/\/ages shall increase by three and one half percent (3.5%) effective the beginning of the pay period that includes July 1, 2017. The ,.vage increase is contingent upon the increase in employee PERS contributions set forth in Article 12, Retirement and Social Security, of this Agreement. V\Jages shall increase by two percent (2%) effective the beginning of the pay period that includes July 1, 2018. A. Stipends Page I 1 of 10 All full-time, regular employees shall receive a cash stipend of Three Thousand Dollars ($3,000) to be paid in the first full pay period after ratification of the terms of a successor MOU by Teamsters and approval by the City Council. To be eligible December 17, 2019, Item #4.211 of 19 to receive the stipend payment, employees must be covered by this MOU and employed on the date the stipend is paid. The stipends shall be pro-rated for part- time, regular employees based on their FTE. For example, a part-time, regular employee with .48 FTE will receive 48% of the stipend payment at the same time as regular employees. The stipends paid to Classic employees of Tier 1 & 2 will be reported to CalPERS. All full-time, regular employees shall receive a cash stipend of Two Thousand Dollars ($2,000) to be paid in the first full pay period of July 2020. To be eligible to receive the stipend payment, employees must be covered by this MOU and employed on the date the stipend is paid. The stipends shall be pro-rated for part- time, regular employees based on their FTE. B. Special Salary Adjustments Page I 2 of 10 Positions in the classifications listed below that are fully funded by the water and/or sewer funds and determined to be below median will receive one-time Salary Range Adjustments should water and sewer rates be increased and approved in March 2020. The Salary Range Adjustments will increase the salary ranges of the classifications listed below as close as possible (above or below) to median but within the City's current salary range schedule keeping with internal alignment. The increases will take effect the first full pay period in March 2020 should the City Council approve the appropriate adjustments to water and sewer rates, absent a majority protest to block increases to the water and sewer rates. 1 Water Treatment Plant Operator I 2 Water Treatment Plant Operator II 3 Water Treatment Plant Operator 111 4 Utility Systems Mechanic 5 Senior Utility Systems Mechanic 6 Utility Systems Technician 7 Senior Utility Systems Technician 8 Cross-Connection Specialist 9 Wastewater Utilities Worker I 10 Wastewater Utilities Worker 11 11 Wastewater Utilities Crew Leader 12 Water Utilities Worker I 13 Water Utilities Worker II 14 Water Utilities Crew Leader 15 Meter Reader 16 Customer Services Field Worker 17 Lead Customer Services Field Worker December 17, 2019, Item #4.212 of 19 3. Probationary Period Article 10. Service Section 1 -Probation All initial (new hire) appointments, including promotional appointments, shall be for a probationary period of not less than six (6) t,.,,elve (12) months. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. Promotional appointments shall have a probationary period of no less than six (6) months from date of promotion. For part-time and three-quarter time, regular employees: Article 11. Service Section 1 -Probation: All initial (new hire) appointments to part-time or three quarter-time, regular positions, including promotional appointments, shall be for a probationary period of not less than a period equivalent to six (6) twelve (12) months of full-time employment (2080 hours). During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. Promotional appointments shall have a probationary period of no less than the equivalent to six (6) months of full-time employment (1040 hours) from date of promotion. 4. Overtime Article 7. Payroll and Work Week Section 2 -Overtime No employee may work overtime without advance approval, with the exception of an employee assigned as the Emergency Response Technician (ERT), as long as the ERT policy is followed. Employees who do not secure prior approval may be subject to disciplinary action pursuant to established guidelines for discipline. Hours worked on Sundays and Designated Holidays, as defined in Article 6, Section 3, which fall outside of an employee's regular work schedule, shall be paid at double the employee's base hourly rate of pay. Employees in this unit shall be paid one and one-half times (1.5) their hourly rate of pay for all hours worked beyond their regularly scheduled hours in one work week. Filtration Plant employees assigned to work the 48-hour weekend shift shall be paid overtime at one and one-half times (1.5) their base hourly rate of pay for all hours worked in excess of 40 hours. Employees working overtime will continue to receive overtime pay after 12:00 a.m. for continuous hours worked including meal and rest periods, provided regular hours worked the following day will be paid at the employee's regular rate of pay. Page I 3 of 10 December 17, 2019, Item #4.213 of 19 A minimum of two hours pay, at the rate of one and one half times (1.5) the base hourly rate of pay, shall be paid for each incident of callback overtime. Callback overtime is unscheduled overtime as opposed to scheduled overtime or an early start or extended shift. Scheduled overtime is not subject to the two hour minimum of pay. For the purpose of computing overtime, hours of paid leave and holiday pay shall be considered as hours worked. 5. Recuperation Time Article 9. Special Pays Section 5 -On-Call Time [Add new language:] D. Recuperation Time An employee who has been on duty for 16 or more hours within a 24-hour period shall be required to take a minimum of seven (7) consecutive hours off for rest and recovery prior to returning to work. If any portion of the required rest period extends into the employee's next scheduled work shift, the City shall pay the employee's regular base pay, hour for hour, up to a maximum of four (4) hours for the time that extends into the employee's next scheduled work shift. Time from 1 to 7 minutes shall be rounded down, and time from 8 to 14 minutes must be rounded up and counted as a quarter hour. When employees are required to work extended overtime hours during normal sleep/rest periods, but the resulting work during the 24-hour period does not exceed the 16 hour amount, the employee will have the option, with supervisor approval, of taking leave time for the remainder of the work shift and will not be required to return to work for that shift. 6. Safety Shoes Article 9. Special Pay Section 2. Uniforms and Equipment A. Safety Shoes Safety shoes shall be worn by employees as required by the City. The department will establish and furnish to the Human Resources Manager a list of classifications required to lt*fear safety shoes. The list will be updated by January 1 of each year and on an as needed basis, with the concurrence of the Union. Employees shall be provided reimbursement for safety shoes and/or inserts, laces, toe-protectors or resoling of safety shoes up to ~ $250 each fiscal year, on an as-needed basis as determined by the division manager, assistant department director or director. Employees may purchase more than one pair of safety shoes each fiscal year, as needed, within the annual ~ $250 maximum. Page I 4 of 10 December 17, 2019, Item #4.214 of 19 In order to receive reimbursement, the employee must submit original receipts as proof of purchase to their department for approval. Reimbursement will be made through accounts payable. All other safety clothing required in the performance of duties shall be furnished by the City. Below is a list of classifications authorized for reimbursement of safety shoes. Any classification not specifically listed below, is not authorized by this Agreement for reimbursement of safety shoes. City of Poway Positions Required to Wear Safety Shoes Classification Title (in alphabetical order) Construction Maintenance Crew Leader Construction Maintenance Worker I Construction Maintenance Worker II Contract SpecialisUlnspector Cross-Connection Specialist Customer Services Field Worker Engineering Inspector Equipment Mechanic Facilities Maintenance Crew Leader Facilities Maintenance Technician I Facilities Maintenance Technician 11 Lead Customer Services Field Worker Lead Engineering Inspector Park Ranger -PT Regular Parks Maintenance Crew Leader Parks Maintenance Worker I Parks Maintenance Worker 11 Senior Equipment Mechanic Senior Park Ranger -Regular Senior Utility Systems Mechanic Senior Utility Systems Technician Stormwater Maintenance & Construction Worker I Stormwater Maintenance & Construction Worker 11 Technical Theater Coordinator Utility Systems Mechanic Utility Systems Technician Warehouse Associate Wastewater Utilities Crew Leader Wastewater Utilities Worker I Wastewater Utilities Worker 11 Water Meter Reader Page I 5 of 10 December 17, 2019, Item #4.215 of 19 Water Treatment Plant Operator I Water Treatment Plant Operator II Water Treatment Plant Operator Ill Water Utilities Crew Leader Water Utilities Worker I Water Utilities Worker 11 7. Reasonable Notice for CTO Article 7. Payroll and Work Week Section 3. Compensatory Time-Off (CTO) A. CTO Accumulation and Use The times at 'Nhich an employee may take compensatory time shall be determined by the department Director with due regard for the >.vishes of the employee and particular regard for the needs of the City. An employee wishing to use his/her accrued compensatory time off shall provide the City with reasonable notice. Reasonable notice is defined as at least ten (10) days. If reasonable notice is provided, the employee's request may not be denied unless it is unduly disruptive to the department to grant the request. A request to use compensatory time off without reasonable notice may still be granted within the discretion of the supervisor, manager, assistant director or director responsible for considering the request. Compensatory time off, in lieu of overtime, shall be taken as one and one half (1.5) hours off for each overtime hour worked. 8. ICMA 457 Loan Program Article 8. Benefits Section 6 -Deferred Compensation A. The City will provide a dollar-for-dollar match of, up to $800, for each employee's contributions to the 457 deferred compensation plan each year. B. The City agrees to implement the ICMA 457 Loan Program for conventional loans. 8.C. 401 (a) Plan 9. Additional One-Time Designated Holidays Article 6. Leaves Section 3 -Holidays Page I 6 of 10 December 17, 2019, Item #4.216 of 19 B. Additional One-Time Designated Holidays Monday, December 24, 2018 and Monday, December 31, 2018 will be observed as additional one time designated holidays. Thursday, December 26, 2019 and Thursday, December 24, 2020 will be observed as additional one-time designated holidays. 10. Vacation Use -First Six Months Article 6. Leaves Section 1 -Vacation A. Computing Annual Vacation Leave All employees in the unit shall be entitled to vacation leave with pay from date of hire, with pre-approval from the employee's supervisor. except those employees 'Nho have served less than six continuous months in the service of the City. 11. Vacation Use -First Six Months For Part-Time Employees Article 7. Leaves Section 1 -Vacation A. Computing Annual Vacation Leave 1. Part-time (half time) employees in the unit shall be eligible to receive vacation leave accrual after 24 months of employment accrue and utilize vacation leave, from the date of hire, with pre-approval from supervisor, as follows: 2. Part-time (three-quarter time) employees in the unit shall be eligible to recei>.«e vacation leave accrual after 18 months of employment accrue and utilize vacation leave, from the date of hire, with pre-approval from supervisor, as follows: 12. Meal Reimbursement Article 9. Special Pay Section 3 -Meal Reimbursement A. In the event an employee is required to work in excess of 12 consecutive hours, the City shall reimburse the cost of a meal in an amount not to exceed $42 $20, if a meal is not otherwise provided. For purposes of determining consecutive hours worked, meal and rest periods will be considered hours worked. The meal may be Page I 7 of 10 December 17, 2019, Item #4.217 of 19 purchased on the way home from work, if a meal was not provided during the working hours by the City. Reimbursement will only occur if appropriate documentation in the form of a meal reimbursement form receipts and hours worked on the reimbursement request (i.e. petty cash slip) are submitted by the employee to the supervisor. B. In the event an employee, who is not the assigned Standby employee, is called in by a supervisor to work on a closed Friday or weekend day and works more than 4 consecutive hours, the City shall reimburse the cost of a meal in an amount not to exceed $20, if a meal is not otherwise provided. The meal may be purchased on the way home from work, if a meal was not provided during the working hours by the City. Reimbursement will only occur if the appropriate documentation in the form of a meal reimbursement form and receipts and hours worked are noted on the reimbursement request (i.e. petty cash slip) are submitted by the employee to the supervisor. 13. Benefit Day Hours Article 6. Leaves Section 4 -Benefit Day Hours In addition to provisions for vacation, sick leave, and holidays set forth elsewhere herein, employees covered by this MOU shall be entitled to sixteen (16) eighteen (18) benefit day hours each fiscal year. Benefit day hours will be prorated based upon an employee's hire date. Eight (8) Nine (9) of the sixteen (16) eighteen (18) benefit day hours is are for Cesar Chavez Day which will remain as an unscheduled benefit day until 10 other cities in San Diego County close their offices in observance of this day, at which time it shall be observed as a fixed holiday on the day so designated. If Cesar Chavez Day becomes a fixed holiday as described herein, the number of benefit day hours shall be reduced to eight (8) nine (9). The times at which an employee may use benefit day hours shall be determined by the department Director with due regard for the wishes of the employee and particular regard for the needs of the City. Benefit day hours may be taken in one-hour increments. If not taken by the end of the second pay period in June, any remaining benefit day hours shall be forfeited. Employees who terminate employment shall be paid in a lump sum for the value of any remaining benefit day hours. [Part-Time Section:] section 4 -Benefit Day Hours In addition to provisions for vacation, sick leave, and holidays set forth elsewhere herein, each regular three-quarter time employee shall have available 4-2-thirteen and one-half (13.5) benefit day hours each fiscal year. Six and three-quarter hours (6. 75) of the ~ 13.5 benefit day hours are for Cesar Chavez Day which will remain as an unscheduled benefit day until 10 other cities in San Diego County close their offices in observance of this day, at which time it shall be observed as a fixed holiday on the day so designated. If Cesar Chavez Day becomes a fixed holiday as described herein, the number of benefit Page I 8 of 10 December 17, 2019, Item #4.218 of 19 day hours shall be reduced to six (6). Each regular half-time employee shall have available eight (8) nine (9) benefit day hours each fiscal year. Four and one-half (4.5) of the eight (8) nine (9) benefit day hours-is are for Cesar Chavez Day which will remain as an unscheduled benefit day until 10 other cities in San Diego County close their offices in observance of this day, at which time it shall be observed as a fixed holiday on the day so designated. If Cesar Chavez Day becomes a fixed holiday as described herein, the number of benefit day hours shall be reduced to four and one-half (4.5). Benefit day hours will be prorated based upon a new employee's hire date. The times at which an employee may use benefit day hours shall be determined by the department Director with due regard for the wishes of the employee and particular regard for the needs of the City. Benefit day hours may be taken in one-half hour increments. If not taken by the end of the second pay period in June of the fiscal year, any remaining benefit day hours shall be forfeited. Employees who terminate employment shall be paid in a lump sum for the value of any remaining benefit day hours. 14. Mechanic's Certification Article 9. Special Pay Section 10 -Equipment Mechanic Certification The City agrees to provide a one-time stipend of $1,000 to the Senior Equipment Mechanic and Equipment Mechanic who obtain the State of California Fire Mechanic II certification and $500 upon recertification of the State of California Fire Mechanic 11 certification. 15. Extend shift differential to weekend day shifts section s -Shift Differential A. Filtration Plant Employees Filtration Plant employees required to work the afternoon and evening shift (3:00 p.m. to 11 :00 p.m.) and the night shift (11 :00 p.m. to 7:00 a.m.) shall be entitled to receive shift differential pay of 7.5% in addition to their regular rate of pay. Filtration Plant employees assigned to work the forty-eight (48) hour weekend shifts shall receive shift differential while working from 7:00 a.m. to 3:00 p.m. or 3:00 p.m. to 11 :00 p.m. on Saturday and Sunday, and while working from 11 :00 p.m. to 7:00 a.m. on Saturday night and Sunday night. 16. MOU Language Clean Up Page I 9 of 10 December 17, 2019, Item #4.219 of 19 17. All other provisions of the existing Memorandum of Understanding will remain in full force and effect for the term of the agreements and as prescribed by the Myers-Millias Brown Act. ACCEPTED ON December 10, 2019 by: FOR GENERAL EMPLOYEE REPRESENTATIVES FOR CITY OF POWAY - Wendy Kaserman Page I 10 of 10 CITY OF POWAY MEMORANDUM TO: Mayor and Councilmembers FROM: Dave Grosch, Councilmember Barry Leonard, Councilmember DATE: December 17, 2019 SUBJECT: Community Park Usage and Needs Assessment We are seeking Council concurrence to direct staff to research and prepare options for City Council consideration to conduct a usage and needs assessment for Community Park. We envision the options presented to the City Council for consideration would include information regarding the cost of performing the assessment, a proposed timeline given existing department work plans and an already robust capital improvement program, as well as potential funding sources. The most recent needs assessment for Community Park was conducted in 2007, when the City engaged a consultant to develop a Community Park Master Plan prior to the demise of redevelopment. Given the number of public capital improvement projects, and proposed private development projects in and around Community Park, we believe it would be appropriate to conduct a new assessment. Some of the planned, proposed and recent improvements and developments in and near Community Park include: The new Mickey Cafagna Community Center; Major improvements to the Swim Center; The proposed Poway Commons development, which includes condominiums and senior apartments; and The ongoing Outpost development project that will include some residential units. If our fellow Councilmembers agree, we propose staff explores a scope of work that would include: An assessment of the usage of existing amenities; Additional recreational activities/amenities not currently available at Community Park; Future parking needs and drive-through access; and A review of the City's current maintenance (facilities and landscape) costs, compared with estimated future maintenance costs, with an eye toward reducing those future costs. 1 of 1 December 17, 2019, Item #6.1 1 of 1 December 17, 2019, Item #6.2 CITY OF POWAY MEMORANDUM TO: Members of the City Council FROM: Steve Vaus, Mayor DATE: December 17, 2019 SUBJECT: Consideration of Bill Credits for Water Fixed Charges and Explore the Feasibility of Bill Credits for Water Commodity Charges I am seeking Council concurrence to direct staff to calculate bill credits for water fixed charges and explore the feasibility of calculating a credit for water commodity charges. On Friday, Nov. 29, rainwater runoff entered the clear well and muddied the water. As a result, the State issued a precautionary boil water advisory. Even though all State certified lab tests showed there was no bacteria in the water and it met all health standards, residents were encouraged to boil water and businesses had to close per the San Diego County Department of Environmental Health. This has had an impact on our community. Our hearts go out to our residents, businesses and their employees. Our community came together like we always do to face this challenge. And to help mitigate the impacts of this boil water advisory, the city stepped up and provided cases of water to residents during the advisory. I feel we can do more. During the boil water advisory, our water customers were inconvenienced. As such, I would like to propose a fixed charge bill credit for our water customers equal to 1/8th of a bi-monthly bill to reflect that our water customers were impacted during the week the boil water advisory was in effect. This fixed charge credit for water would vary by a customer’s meter size. Based on the number of customers and meter sizes, the total credit is estimated at approximately $90,000. If my fellow Councilmembers agree, we would direct staff to: 1) Calculate a one-time water fixed charge bill credit equal to 1/8th of a customer’s normal fixed charge and bring back the credit for City Council approval as soon as administratively possible, and 2) Explore the feasibility of calculating a one-time water commodity charge credit during the period in which the Precautionary Boil Water Advisory was in effect and present the findings to the City Council for consideration as soon as administratively possible.