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12-15-20 Agenda Packet
\'\i CF·,.~ ',". __ AGE N DA Poway City Counci l --·----~ ~.._ ._. -·-· ' l~~C(''-"i·"'-"::--Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 ---==--- December 15, 2020 I 7 p.m. Thank you for participating in your local government and the City of Poway council meetings. Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. Meetings I Pursuant to the Governor's Executive Order N-29-20, a local legislative body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body, during the period in which local public officials impose measures to promote social distancing. Although this Regular City Council meeting will be held at the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will not be open to the public. Remote public participation is encouraged in one of the following ways: To Watch Live: www.poway.org/councilmeetings To Speak and Participate: Go to: www.poway.org/meeting and join using "Computer Audio" If your electronic device has no microphone or speakers: Call: (877) 853 -5247 Enter Meeting ID: 623 291 9830 Enter Participant ID provided on your computer PLEASE NOTE: If you wish to participate, please also read the Speakers section for detailed instructions as it has changed. Public Meeting Access I Residents are strongly encouraged to participate and view remotely at the December 15, 2020 meeting livestream via www.poway.org/councilmeetings (to watch live), via www.poway.org/meeting (to speak and participate), or on Cox Communications Channel 24 and Spectrum Channel 19. Meetings are rebroadcast on Mondays, Thursdays and Fridays at 6 p.m. and Saturday and Sundays at 3 p.m. Council meeting videos are archived and available for viewing on the City's website at www.poway.org/councilmeetings. Submission of written comments concerning items on the agenda is encouraged. Speakers I If viewing online or calling in via telephone, it is highly recommended to log in to the waiting room at least 15 to 30 minutes prior to the commencement of the meeting. Persons wishing Steve Vaus Mayor Caylin Frank Deputy Mayor Dave Grosch Councilmember Barry Leonard Council member John Mullin Councilmember to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. If you wish to speak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in on line and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be made available online after the meeting. Technical Support I For more information on how to connect, visit www.poway.org/meetinghelp. If you have trouble connecting or accessing the meeting, the Information Technology team is available to help at (858) 668-4451. Agenda Materials I 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. Sign up at https:/ /poway.org/list.aspx to receive email notifications when City Council agendas are published online. Items listed on the agenda with a "#" symbol are in preparation. American Disabilities Act Title II I 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. 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 CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE: MOMENT OF SILENCE: PUBLIC COMMENT: 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 t o discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes. Speakers have one opportunity to address the Council under Public Comment. 2 of 5 Regular City Council Meeting December 15, 2020 CONSENT CALENDAR: The Con sent Calendar may be enacted in one motion by the Coun ci l with a Roll Call Vote without discuss ion unless a Council member, a member of the public, or City Manager requests that an item be removed for discussion. 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the November 17, 2020 Regular City Council Meeting Minutes 3. Resolution to Continue the Existence of a Local Emergency within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic 4. November 3, 2020 General Municipal Election Results 5. Approval of Local Appointments List of City Council Appointed Committees for 2021 6. Award of Contract to Kay Construction Co. for the WTP Clearwell Distribution Flow Meters Project; Bid No. 21-008 7. Award of Contract to Autolift Services, Inc. for the Fleet Maintenance Equipment Lift Replacement Project; Bid No. 21-007 8. Approval of Final Parcel Map for Tentative Parcel Map 19-001; Alva A. Diaz Trust, Owner (APN 323- 190-51) PRESENTATION: Administration of Oath of Office and Presentation of Certificates of Election to Newly Elected Council members • Councilmember District 2 Barry Leonard • Councilmember District 4 Caylin Frank Proclamation recognizing Carol Legg CALL TO ORDER: ROLL CALL: ORDINANCES FOR INTRODUCTION: None ORDINANCES FOR ADOPTION: 9. Second Reading and Adoption of Ordinance No. 846 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 10.42 (Truck Routes and Maximum Gross Weight Limits) of the Poway Municipal Code" 3 of 5 City Manager's Recommendation: It is recommended that the City Council adopt Ordinance No. 846. Regular City Council Meeting December 15, 2020 PUBLIC HEARINGS: 10. Variance 20-003; A Request to Allow Four Additional Wall Signs and Three Additional Monument Signs at 14400 and 14500 Kirkham Way City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. 11. Tentative Tract Map (TTM) 18-005: A Request to Subdivide Two Parcels into Six Single-Family Residential Lots Located at 12102 and 12118 Poway Road City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. 12. Tentative Parcel Map 20-001; A Request for Approval of a Third One-Year Time Extension for a Previously Approved Subdivision City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. STAFF REPORTS: 13. Request for Qualifications for Development of the Monte Vista Affordable Housing Site City Manager's Recommendation: It is recommended that the City Council provide input on the Request for Qualifications and direct staff to send the document to interested parties. 14. Conveyance of Real Property to the City of Poway from Dandeana Corp., a California Corporation (APN #s 316-140-38 and 316-140-39) City Manager's Recommendation: It is recommended that the City Council; (1) Authorize staff to enter into negotiations with Dandeana for the donation of the properties to the City of Poway; (2) Authorize the appropriation of $500 from the Habitat In-Lieu Fee Fund Balance (F2520- 89010) to acquire the property; and (3) Authorize the City Manager to execute the Donation Agreement and any other documents needed to complete the acquisition. WORKSHOPS: None. COUNCIL-INITIATED ITEMS: 15. Appointment of Deputy Mayor for 2021 4 of 5 Recommendation: It is recommended that the Mayor appoint a Councilmember to serve as Deputy Mayor for the one-year term commencing December 15, 2020. Regular City Council Meeting December 15, 2020 16. Appointment to Regional Agencies' Boards, Commissions and Committees for 2021 Recommendation: It is recommended that the City Council concur to appoint primary and alternate members to the various regional agencies' boards, commissions and committees for calendar year 2021. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) CITY MANAGER ITEMS: CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) ADIOURNMENT State of California County of San Diego ) ) 55. ) AFFIDAVIT OF POSTING I, Vaid a Pavo/as, CMC, 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 8, 2020 at 4:40 p.m. Said meeting to be held at 7:00 p.m., December 15, 2020, in the Poway City Council Chambers, 13325 Civic Center Drive, ay, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. ity Clerk 5 of 5 Regular City Council Meeting December 15, 2020 AGENDA REPORT CityofPoway DATE: TO: FROM: December 15, 2020 Honorable Mayor and Members of the City Council Vaida Pavolas, City Clerk \/Q (858)668-4535 or vpavolas@poway.org CITY COUNCIL SUBJECT: Approval of the November 17, 2020 Regular City Council Meeting Minutes Summary: The City Council Meeting Minutes submitted hereto for approval are: •November 17, 2020 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 November 17, 2020 Regular City Council Meeting Minutes. Public Notification: None. Attachments: A.November 17, 2020 Regular City Council Meeting Minutes Reviewed/ Approved By: W�ndKaserman Assistant City Manager 1 of 7 Reviewed By: Alan Fenstermacher City Attorney December 15, 2020, Item #2 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 17, 2020 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, Dave Grosch, Caylin Frank, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Vaida Pavolas; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Fire Chief Jon Canavan; Captain Dave Schaller, 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 MayorNice 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 Frank led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENT A TIO NS None. PUBLIC COMMENT Pete Babich, via teleconference, spoke regarding Council vacancies and special elections. Kathleen Lippitt, via teleconference, shared studies regarding lung health awareness. 2 of7 December 15, 2020, Item #2 City of Poway -Minutes -November 17, 2020 Yuri Bohlen, via teleconference, inquired about the proposed hotel presented to City Council at the January 7, 2020 meeting. CONSENT CALENDAR Councilmember Grosch pulled Item 6 for discussion. Motioned by Mayor Vaus, seconded by Councilmember Mullin to approve Consent Calendar Items 1 through 9. Motion carried by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Mullin, Leonard, Grosch, Frank, Vaus None None None None 1.Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2.Approval of the October 6, 2020 Regular City Council Meeting Minutes 3.Adoption of Resolution No. 20-086 entitled "A Resolution of the City Council of the City ofPoway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVID-19) Global Pandemic" 4.City's Investment Report as of September 30, 2020 5.Adoption of Resolution No. 20-087 entitled "A Resolution of the City Council of the City of Poway, California, Approving the Joint Exercise of Powers Agreement Among the County ofSan Diego, State of California, Cities of Poway and Santee for the Operation and Maintenance of Goodan Ranch Regional Park" 6.Amendment No. 2 to the Affordable Housing and Property Disposition Agreement, Amendment No. 1 to Affordable Housing Authority Regulatory Agreement, and Amended andRestated Notice of Affordability Restrictions on Transfer of Property In response to Council inquiry, City Manager Chris Hazeltine explained that there are 15 units designated for veteran's preference in the senior affordable housing project. In response to Council inquiry, Mr. Manis confirmed that the Poway Housing Authority loan for the senior affordable housing project is funded by the sale of the property owned by theAuthority. 7.Approval of Consultant Agreement with Infrastructure Engineering Corporation for DesignServices for the Bowron Road Sewer Upsize Project, RFP No. 21-012 8.Award of Contract to Harbor Coating and Restoration for the Swim Center Deck Coating Project, Bid No. 21-005 9.Award of Contract to AToM Engineering Construction Inc. for the Swim Center Valve and Strainer Replacement Project, Bid No. 21-006 3of7 December 15, 2020, Item #2 City of Poway -Minutes -November 17, 2020 ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS 10.First Reading of Ordinance Amending Poway Municipal Code Chapter 2.20 (Administrative Appeals) Mayor Vaus opened the public hearing at 7: 15 p.m. City Attorney Alan Fenstermacher presented the report. No speakers. Mayor Vaus closed the public hearing at 7: 17 p.m. As requested by the Mayor, City Clerk Pavolas titled the Ordinance. Motioned by Deputy Mayor Frank; seconded by Mayor Vaus to introduce Ordinance No.845 entitled "An Ordinance of the City Council of the City of Poway, California,Amending Chapter 2.20 (Administrative Appeals) of the Poway Municipal Code" andschedule adoption of the Ordinance for December 1, 2020. Motion carried by thefollowing roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Mullin,, Leonard, Grosch, Frank, Vaus None None None None 11.Conditional Use Permit 20-003, a Request to Modify an Existing Wireless Telecommunications Antenna Facility at Poway High School Mayor Vaus ,opened the public hearing at 7: 18 p.m. Senior Planner Austin Silva presented the report along with a PowerPoint presentation. No speakers. Mayor Vaus closed the public hearing at 7:22 p.m. Motioned by Councilmember Leonard, seconded by Councilmember Grosch to adoptResolution No. 20-088 entitled "A Resolution of the City Council of the City of Poway, California, approving Conditional Use Permit (CUP) 20-003; for the modification of an existing Wireless Communication Facility at Poway High School located at 15500Espola Road; Assessor's Parcel Number 278-450-27." Motion carried unanimously. 12.Fiscal Year 2021-2022 Community Development Block Grant Program 4of7 December 15, 2020, Item #2 City of Poway -Minutes -November 17, 2020 Mayor Vaus opened the public hearing at 7:22 p.m. Director of Development Services Bob Manis presented the report. No speakers. Mayor Vaus closed the public hearing at 7:25 p.m. Motioned by Mayor Vaus, seconded by Councilmember Mullin to 1) authorize staff to apply for Fiscal Year 2021-22 CDBG funding through the County as identified in this report; 2) authorize the appropriation of $159,813 to the CDBG Fund (F2410) from the General Fund (F1000), as a loan, to fund the proposed Fiscal Year 2021-22 CDBG program upon approval by the County; 3) authorize the reallocation of $50,562 in CDBG funds from Fiscal Year 2018-19 to fund the proposed Fiscal Year 2021-22 CDBG program upon approval by the County; and 4) authorize the City Manager to execute contracts with the County. Motion carried unanimously. STAFF REPORTS 13.Approval of an Amendment to the Agreement with Kennedy/Jenks Consultants, Inc. forProgram Management Services, RFQ No. 20-001, and Adoption of the Resolution Approving the California State Treasurer's Debt Issuance Pool Lists, an Agreement with Fieldman, Rollap & Associates, Inc. an Agreement with Stradling Vacca Carlson & Rauth Director of Public Works Eric Heidemann introduced the item and presented an overview ofthe water infrastructure improvement program goals. Principal Engineer Shadi Sarni presented the report along with a PowerPoint presentation ofthe City's Water Infrastructure Improvement Program. Ms. Sarni gave an overview and update of the various improvement projects in the program which include the Clearwell BypassProject, Clearwell Upgrades/Replacement Project and the San Diego County Water AuthorityTreated Water Connection. Ms. Sarni emphasized the need of program management servicesfor the program. She added that, after a rigorous Request for Qualifications review process,staff is recommending an amendment to the current agreement with Kennedy/JenksConsultants, Inc. to assist the City with undertaking the Water Program. Director of Finance Aaron Beanan discussed the financial portion of the project and explainedthat the recommended actions do not obligate the City to issue debt at this time. Mr. Beananexplained that staff would return to Council at a future meeting to discuss financing optionsonce cost of the Water Program is better assessed. Mr. Beanan added that the potential costof the Water Program exceeds available cash on hand and that approving staff's recommendation better positions the City to issue debt and meet project timelines ifrecommended at a later date. No speakers. Council discussion ensued in support of staff's planning and preparation to begin undertaking the City's Water Infrastructure Improvement Program. Motioned by Mayor Vaus, seconded by Councilmember Mullin to 1) award the amendment to the agreement for Program Management Services, RFQ No. 20-001, to Kennedy/Jenks Consultants Inc.; 2) adopt Resolution No. 20-089 entitled "A Resolution of the City Council of the City of Poway, California, approving the California State Pool 5 of7 December 15, 2020, Item #2 City of Poway -Minutes -November 17, 2020 and Underwriter Pool Lists for selecting qualified firms when issuing debt"; 3) approve an agreement with Fieldman, Rollap & Associates, Inc.; 4) approve an agreement with Stradling Yocca Carlson & Rauth; and 5) authorize the City Manager to execute the necessary documents. Motion carried unanimously. WORKSHOPS (Item removed from the Agenda) 14.Pre Development Conference 20 001, a Request to Amend the Old Coach Golf Estates Specific Plan to Allow a Resort Hotel with up to 140 Rooms at the Maderas Golf Club This item was removed from the Agenda at the request of the Applicant. COUNCIL-INITIATED ITEMS None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) The Mayor and Council made announcements and reported on various events taking place in the City. No action was taken. Councilmember Mullin reported on a recent meeting of the Metro Wastewater Commission. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: 15.Conference with Real Property Negotiator (Gov. Code § 54956.8) Property: APNs 316-140-38 and 316-140-39City Negotiator: City Manager Chris Hazeltine Persons with whom the City Negotiator May Negotiate: Daniel Ginzburg, Chief Financial Officer (for DANDEANA Corp.)iUnder Negotiation: Price and Terms of Payment At the request of City Attorney Alan Fenstermacher, Mayor Vaus adjourned the meeting into Closed Session at 7:58 p.m. City Council came out of Closed Session at 8:12 p.m. ADJOURNMENT The meeting adjourned at 8:12 p.m. 6 of7 Vaida Pavolas, CMC City Clerk December 15, 2020, Item #2 City of Poway -Minutes - November 17, 2020 City of Poway, California 7 of7 December 15, 2020, Item #2 December 15, 2020, Item #3DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway December 15, 2020 Honorable Mayor and Members of the City Council Jon M. Canavan, Fire Chief Jon M. Canavan, Fire Chief (858) 668-4461 or jcanavan@poway.org CITY COUNCIL Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic The Novel Coronavirus (COVID-19) global pandemic continues to cause unprecedented impacts on all economic and social segments of the United States. Federal, state, and county directives, mandates and orders to prevent, control and manage the spread of COVID-19 have, and continue to, impact Poway residents, businesses and visitors. On March 18, 2020, the City Council approved a resolution proclaiming a local emergency. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Recommended Action: It is recommended that the City Council approve a resolution continuing the Proclamation of Local Emergency authorizing the City Manager to take necessary actions to protect the public and welfare of the City from the serious and imminent threat of COVID-19. This action requires a four-fifths (4/5) vote of the City Council. Discussion: The COVID-19 global pandemic continues to impact business, education, healthcare, military, and social segments of the United States. COVID-19 has resulted in a swift economic slowdown and high unemployment rates. Federal, state, and county directives, mandates, orders and guidelines have been issued to prevent, control and manage the spread of COVID-19. While efforts are focused on re-opening the economy and relaxing restrictions, impact on Poway residents, businesses and visitors continues. In response to the COVID-19 global pandemic, and its impact on Poway, the City Manager, serving as Director of Emergency Services for the City of Poway, proclaimed a local emergency on March 13, 2020. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the City Manager's Proclamation of Local Emergency. On April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17 and December 1, 2020, the City Council approved to continue the emergency action. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency 1 of 6 December 15, 2020, Item #3ended at each regular meeting. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: As of November 30, 2020, City costs to respond to COVID-19 are estimated at $690,975. This amount differs from the amounts in the COVID-19 Economic Update staff report presented to Council on September 15, 2020 primarily because the amounts listed here relate to FEMA eligible expenditures. The total fiscal impact is unknown at this time. Per the City Council adopted General Fund Reserve policy, the City maintains a General Fund Reserve of 45 percent of the budgeted annual General Fund operating expenditures, or $20,961,853 as of June 30, 2019. Within that 45 percent, $13,974,863 is set aside for Extreme Events/Public Safety. Based upon the City's reserve policy, there are adequate reserves to cover the costs to respond to this health emergency. Further, staff believes some of the costs are recoverable under State and Federal Disaster programs. Amounts recovered under these programs will be used to replenish the General Fund reserve. Pursuant to the reserve policy, staff will return with a plan to replenish any General Fund reserves not replenished under a State or Federal Disaster program. Staff will recommend applicable budget adjustments prior to the completion of the current fiscal year. In addition to using reserves to respond to COVID-19, on April 16, 2020, the City Council approved $2,000,000 to fund the Poway Emergency Assistance Recovery Loan (PEARL) program for small businesses. The PEARL program's goal is to offer financial assistance to small businesses located in Poway by complementing existing state and federal loan programs and to provide a financial bridge to businesses to survive the current emergency. The PEARL program funding of $2,000,000 represents approximately 14 percent of the Extreme Events/Public Safety reserve discussed above and provides loans of up to $50,000 to eligible business. As of November 30, 2020, staff has received 79 applications requesting $2,862,165 in loans. Based on staffs review, 35 loans totaling $1,385,326 have been approved. Staff has requested additional information from eight applicants in order to determine their eligibility for the program. Twenty-three loan requests were denied, and 13 businesses have chosen to withdraw their applications. The reasons cited for withdrawing an application has varied from businesses having received funding from other sources, businesses are doing better after re-opening, and others that felt the application process was too burdensome or complicated. One loan of $50,000 for a medical provider has been repaid. The reserve fund will be replenished from the repayment of PEARL loans over a three-year period following the end of the local COVID-19 emergency. This period falls within the General Fund Reserve Policy's direction to fully replenish reserves within five years of use. Public Notification: None. 2 of6 December 15, 2020, Item #3Attachments: A. Resolution B. Proclamation of Local Emergency Reviewed/ Approved By: wend aserman Assistant City Manager 3 of6 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager December 15, 2020, Item #3RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING THE CONTINUED EXISTENCE OF AN EMERGENCY WITHIN THE CITY DUE TO THE NOVEL CORONAVIRUS (COVID-19) GLOBAL PANDEMIC WHEREAS, the Novel Coronavirus (COVID-19) global pandemic in the City of Poway, commencing on or about January 24, 2020 that creates a threat to public health and safety; WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section 2.12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by a public calamity, and the City Council is not in session; WHEREAS, on March 13, 2020, the City Manager, acting pursuant to Government Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based on conditions of extreme peril to the health and safety of persons caused by the Novel Coronavirus (COVID-19) global pandemic; WHEREAS, on March 18, 2020, the City Council, acting pursuant to Government Code section 8630 and PMC section 2.12.065, ratified the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, approved extending the emergency declaration during regularly scheduled meetings on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17 and December 1, 2020; WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050; WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and WHEREAS, such the Novel Coronavirus (COVID-19) global pandemic constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or p,roperty. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: 4of6 ATTACHMENT A December 15, 2020, Item #3Resolution No. 20-Page 2 SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVID-19) global pandemic; and (a) The continuing threat of the Novel Coronavirus (COVID-19) global pandemic requires that the City be able to expend public money in order to safeguard life, health, or property; (b) The City Manager, as the City's Personnel Officer, is authorized to take actions necessary to alter employee leave policies and ensure a safe and healthy workforce; (c) The City Manager is authorized to safeguard life, health, or property without complying with notice or bidding procedures; and ( d) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regular meeting, at which time the City Council shall either continue the emergency action or declare the emergency ended. SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of December, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 5 of6 December 15, 2020, Item #3PROCLAMATION OF LOCAL EMERGENCY WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by the Novel Coronavirus (COVID-19) commencing on January 24, 2020; WHEREAS, that the City Council of the City of Poway is not in session and cannot immediately be called into session; and WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven days of being issued. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of Poway, that a local emergency now exists throughout the City and that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; and IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Director of the Governor's Office of Emergency Services with a request that; 1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the Natural Disaster Assistance Act; and 2. The State Director forward this Proclamation, and request for a State Proclamation and Presidential Declaration of Emergency, to the Governor of California for consideration and action. PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway this 13th day of March 2020. Chr~ Director of Emergency Services 6of6 ATTACHMENT B DATE: TO: FROM: SUBJECT: Summary: AGENDA RE PO RT City of Poway December 15, 2020 Honorable Mayor and Members of the City Council Vaida Pavolas, City Clerk (858) 668-4535 or vpavolas@poway.org November 3, 2020 General Municipal Election Results CITY COUNCIL To finalize the results of the November 3, 2020 General Municipal Election, California Elections Code requires that the governing body adopt a resolution reciting the results of the election. After adoption of the resolution, the City Clerk will administer the Oath of Office to the newly elected Council members. Recommended Action: It is recommended that the City Council adopt the attached Resolution entitled, "A Resolution of the City Council of the City of Poway, California, Reciting the Fact of the General Municipal Election Held on November 3, 2020, Declaring the Results Thereof and Such Other Matters as Provided by Law." Discussion: The canvass of the November 3, 2020 General Municipal Election has been completed by the County of San Diego Registrar of Voters (ROV). Poway's General Municipal Election, which was consolidated with the County of San Diego General Election, was to elect one Member of the City Council District 2 for a four-year term; one Member of the City Council District 4 for a four-year term; and to vote upon Measure P -an amendment to the General Plan and Zoning Code to allow development of a master- planned sustainable community with a maximum of 160 homes and at least 70.4 acres of permanent open space including community-serving recreational and agricultural amenities, on approximately 117.2 acres at 17166 Stoneridge Country Club Lane. As of October 19, 2020 the Registrar of Voters reported 33,057 registered voters in the City of Poway. Approximately 29,379 votes were cast, resulting in a voter turn-out of 88.92 percent. The candidate for Member of the City Council District 2 receiving the highest number of votes was Barry Leonard with 4,247 and the candidate for City Council District 4 receiving the highest number of votes was Caylin Frank with 2,696. The Measure P passed by a majority of votes with 17, 483 votes in favor of it. 1 of20 December 15, 2020, Item #4 The official results are included with the attached Resolution as "Exhibit A." Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The preliminary election costs estimate from the San Diego County Registrar of Voters was $96,000. Funds are available in FY 2019-20 Election Services Account #101010-49100 to cover the cost of consolidating the election with the ROV and other costs associated with legal advertising and translations as required by election law. A full accounting and final invoice should be received from the Registrar of Voters in January or February 2021. Public Notification: None. Attachments: A. Resolution Reciting the Results of the November 3, 2020 General Municipal Election. Reviewed/ Approved By: wBldyaserman Assistant City Manager 2of20 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~fiL City Manager December 15, 2020, Item #4 RESOLUTION NO. 20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2020, DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Poway, California, on Tuesday, November 3, 2020, as required by law; WHEREAS, notice of the election was given in time, form and manner as prescribed by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California, for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No. 20-036 adopted June 16, 2020, and Resolution No. 20-037 adopted June 16, 2020, the election was consolidated with the Statewide general election and the Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: That the whole number of poll ballots cast in the City was 3,283 and that the whole number of vote by mail ballots cast in the City was 26,096 making a total of 29,379 ballots cast in the City. The total number of registered voters in the City for this election was 33,057. SECTION 2: That the names of the persons voted for at the election for Member of the City Council District 2 are as follows: Barry Leonard Phil Factor 4,247 3,188 SECTION 3: That the names of the persons voted for at the election for Member of the City Council District 4 are as follows: Caylin Frank Chris Olps Frank Fournier 2,696 2,066 601 SECTION 4: That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates, were as listed in "Exhibit A" attached. 3 of20 SECTION 5: The City Council does declare and determine that: Barry Leonard was elected as Member of the City Council District 2 for the full term of four years. ATTACHMENT A December 15, 2020, Item #4 Resolution No. 20- Page xx Caylin Frank was elected as Member of the City Council District 4 for the full term of four years. SECTION 6: That the following ballot measure placed on the ballot at this election, and the number of votes received are as follows: Measure P -Do you approve The Farm in Poway Specific Plan as adopted by the Poway City Council to amend the General Plan and Zoning Code to allow development of a master-planned sustainable community with a maximum of 160 homes and at least 70. 4 acres of permanent open space including community-serving recreational and agricultural amenities, on approximately 117. 2 acres at 17166 Stoneridge Country Club Lane in the City of Poway? Yes 17,483 No 10,664 That as a result of the election, a majority of the voters voting on Measure P voted in favor of it and that the measure was carried and shall be deemed adopted. SECTION 7: The City Clerk shall enter in the records of the City Council of the City of Poway, a statement of the results of the election, showing: 1) the whole number of votes cast in the City; 2) the names of the persons voted for; 3) the measure voted upon; 4) for what office each person was voted for; 5) the number of votes given at each precinct to each person, and for and against each measure; and 6) the number of votes given in the City to each person; and for and against each measure. SECTION 8: That the City Clerk shall immediately make and deliver to the person elected, a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to the person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Whereupon, each person so elected shall then be inducted into the respective office to which they have been elected. SECTION 9: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. II II II II II II II 4of20 December 15, 2020, Item #4 Resolution No. 20- Page xx PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California, on the 15th day of December, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 5 of20 December 15, 2020, Item #4 Resolution No. 20- Exhibit A CERTIFICATION OF COUNTY CLERK/REGISTRAR OF VOTERS OF THE RESULTS OF THE CANVASS OF THE NOVEMBER 3, 2020, GENERAL ELECTION STATE OF CA-L-IF_O_R_N_I_A _______ } ss. COUNTY OF SAN DIEGO I, L. MICHAEL vu County Clerk/Registrar of Voters of County of SAN DIEGO , do hereby certify that, in J).lrsuance of the provisions of Elections Code section 15300, et seq., I did canvass the results of the votes cast in the General Election held in said County on November 3, 2020, for measures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast, to which this certificate is attached is futi true, and correct. 6of20 I hereby set my hand and official seal this _3_ day of~' 2020, at the County of _s_AN_D_,_EG_o _______ _ County of.=S:..::.AN.:..:D:.:.:IE:.:G:.:.o ________ ~- State of California Canvass Certification of Elections Official (11/2020) December 15, 2020, Item #4 Resolution No. 20- County of San Diego County of San Diego Presidential General Election November 3, 2020 Official Results (San Diego Portion Only) Registered Voters Total Registration and Turnout 1,949,073 Mail Polls PRESIDENT ANO VICE PRESIDENT DEM -JOSEPH R. BIDEN / KAMALA D. 964.650 HARRIS REP -DONALD J. TRUMP/ MICHAEL R. 600,094 PENCE LIB -JO JORGENSEN I JEREMY 21,386 "SPIKE" COHEN GRN -HOWIE HAWKINS I ANGELA 7.421 NICOLE WALKER Al -ROQUE "ROCKY" OE LA FUENTE 5,302 GUERRA/ KANYE OMAR! WEST PF -GLORIA LA RIVA I SUNIL 2,869 FREEMAN Brian Carroll / Amar Patel 275 Mark Charles I Adrian Wallace 51 Jesse Ventura/ Cynthia McKinney 49 Joseph Kishore / Nerissa Santa Cruz 30 Brock Pierce I Karla Ballard 16 Total 1,602,143 UNITED STATES REPRESENTATIVE 49TH DISTRICT (SAN DIEGO PORTION ONLY) DEM -MIKE LEVIN 160,496 REP -BRIAN MARYOTT 123,734 Total 284,230 UNITED STATES REPRESENTATIVE 50TH DISTRICT (SAN DIEGO PORTION ONLY) REP -DARRELL ISSA 171,636 DEM -AMMAR CAMPA-NAJJAR 147,966 Total 319,602 UNITED STATES REPRESENTATIVE 51ST DISTRICT (SAN DIEGO PORTION ONLY) DEM -JUAN C. VARGAS 130,728 REP -JUAN M HIDALGO, JR 56,754 Total 187,482 UNITED STATES REPRESENTATIVE 52ND DISTRICT DEM -SCOTT PETERS REP -JIM DEBELLO Total Printed: Thursday, December 3, 2020 11 :11 AM 7of20 244,145 152,350 396,495 Turnout UNITED STATES REPRESENTATIVE 53RD DISTRICT DEM -SARA JACOBS 199,244 1,627,753 DEM -GEORGETTE GOMEZ 135,614 1,438,160 Total 334,858 189,593 STATE SENATOR 39TH DISTRICT DEM-TONI ATKINS 336.467 60.21% REP -LINDA BLANKENSHIP 171,952 Total 508,419 37.46% 1.33% MEMBER OF THE STATE ASSEMBLY 71ST DISTRICT (SAN DIEGO PORTION ONLY) 0.46% REP -RANDY VOEPEL 124,111 DEM -LIZ "ELIZABETH" LAVERTU 85,435 0.33% Total 209,546 0.18% MEMBER OF THE STATE ASSEMBLY 75TH DISTRICT (SAN DIEGO PORTION ONLY) 0.02% REP -MARIE WALDRON 91,181 0.00% OEM -KAREN "KATE" SCHWARTZ 81,210 0.00% Total 172,391 0.00% 0.00% MEMBER OF THE STATE ASSEMBLY 76TH DISTRICT DEM-TASHA BOERNER HORVATH 132,688 REP -MELANIE BURKHOLDER 105,855 56.47% Total 238,543 43.53% MEMBER OF THE STATE ASSEMBLY 77TH DISTRICT DEM -BRIAN MAIENSCHEIN 149,367 REP-JUNE YANG CUTTER 118,396 Total 267,763 53.70% 46.30% MEMBER OF THE STATE ASSEMBLY 78TH DISTRICT DEM -CHRIS WARD 123,755 DEM -SARAH DAVIS 96,486 Total 220,241 69.73% MEMBER OF THE STATE ASSEMBLY 79TH DISTRICT 30.27% DEM -SHIRLEY N. WEBER 147,994 REP -JOHN MOORE 78,367 Total 226,361 61.58% MEMBER OF THE STATE ASSEMBLY BOTH DISTRICT 38.42% DEM -LORENA GONZALEZ 121,661 REP -JOHN J. VOGEL 48,390 Total 170,051 Page 1 of 14 December 15, 2020, Item #4 59.50% 40.50% 66.18% 33.82% 59.23% 40.77% 52.89% 47.11% 55.62% 44.38% 55.78% 44.22% 56.19% 43.81% 65.38% 34.62% 71.54% 28.46% Resolution No. 20- County of San Diego County of San Diego Presidential General Election November 3, 2020 Official Results (San Diego Portion Only) JUDGE OF THE SUPERIOR COURT OFFICE NO. 30 TIM NADER PAUL STARITA Total 717,788 635,097 1,352,885 COUNTY BOARD OF EDUCATION 1 ST DISTRICT GREGG ROBINSON 166,670 MARK POWELL Total 113,239 279,909 COUNTY BOARD OF EDUCATION 2ND DISTRICT GUADALUPE GONzALEZ 160,426 TAMARA S. RODRIGUEZ 74,984 Total 235,410 COUNTY BOARD OF EDUCATION 4TH DISTRICT PAULETTE DONNELLON Total 215,583 215,583 GROSSMONT-CUYAMACACOMMUNITY COLLEGE DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA3 JULIE SCHORR BARTOSZ "BARTEK" MURAWSKI Total 22,866 7,831 30,697 GROSSMONT-CUYAMACA COMMUNITY COLLEGE DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA4 ELENA ADAMS JORDAN GASCON Total 25,925 20,433 46,358 MIRACOSTA COMMUNITY COLLEGE DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 3 JACQUELINE SIMON CHRIS CHEN Total 20,082 8,058 28,140 MIRACOSTA COMMUNITY COLLEGE DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 5 GEORGE H. MCNEIL ANDREW JAMES REINICKE Total Printed: Thursday, December 3, 2020 11: 11 AM 8of20 16,236 10,223 26,459 53.06% 46.94% 59.54% 40.46% 68.15% 31.85% 100.00% 74.49% 25.51% 55.92% 44.08% 71.36% 28.64% 61.36% 38.64% PALOMAR COMMUNITY COLLEGE GOVERNING BOARD MEMBER TRUSTEE AREA NO. 2 CHRISTIAN GARCIA NINA DEERFIELD Total 24,514 21,511 46,025 PALOMAR COMMUNITY COLLEGE GOVERNING BOARD MEMBER TRUSTEE AREA NO. 3 ROBERTO RODRIGUEZ DAVID W. VINCENT Total 37,071 35,866 72,937 PALOMAR COMMUNITY COLLEGE GOVERNING BOARD MEMBER TRUSTEE AREA NO. 4 BRIAN E. OLSON JOHN SANTHOFF LEE DULGEROFF EVAN KRAUSZ Total 26,015 22,753 16,946 3,253 68,967 SAN DIEGO COMMUNITY COLLEGE DISTRICT MEMBER, BOARD OF TRUSTEES DISTRICT B BERNIE RHINERSON DANIEL PIEDRA Total 264,400 140,593 404,993 SAN DIEGO COMMUNITY COLLEGE DISTRICT MEMBER, BOARD OF TRUSTEES DISTRICT D MARY GRAHAM MIKE PALOMBA Total 289,503 117,824 407,327 SOUTHWESTERN COMMUNITY COLLEGE DISTRICT GOVERNING BOARD MEMBER SEAT NO. 3 ROBERTO C. ALCANTAR WILLIAM "BUD" MCLEROY Total 119,278 75,867 195,145 CARLSBAD UNIFIED SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 2 ELISA WILLIAMSON FRANK W. DEMING Total 5,725 3,825 9,550 CARLSBAD UNIFIED SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 3 RAY PEARSON RHONDA GUADERRAMA Page 2 of 14 Total 4,672 3,800 8,472 December 15, 2020, Item #4 53.26% 46.74% 50.83% 49.17% 37.72% 32.99% 24.57% 4.72% 65.29% 34.71% 71.07% 28.93% 61.12% 38.88% 59.95% 40.05% 55.15% 44.85% Resolution No. 20- County of San Diego County of San Diego Presidential General Election November 3, 2020 Official Results (San Diego Portion Only) CORONADO UNIFIED SCHOOL DISTRICT GOVERNING BOARD MEMBER Vote For 2 STACY KESZEI 3.463 VVHITNEY NAST ASIA ANTRIM 3,401 KENNETH MICHAEL CANADA 3,105 ALEXIA PALACIOS-PETERS 3,041 NICK KATO 2,515 Total 15,525 MOUNTAIN EMPIRE UNIFIED SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 6 TINA HEIMERDINGER 2,946 STORY R. VOGEL 2,573 Total 5,519 OCEANSIDE UNIFIED SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 5 MIKE BLESSING 7,450 TODD MADDISON 4,114 SUSANA ARVIZU 2,141 Total 13,705 POWAY UNIFIED SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA A DARSHANA PATEL 13,972 TIM DOUGHERTY 8,870 Total 22,842 POWAY UNIFIED SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA E CINDY E. SYTSMA 10,303 JIMMY KARAM 7,414 Total 17,717 RAMONA UNIFIED SCHOOL DISTRICT GOVERNING BOARD MEMBER Vote For 2 DAWN PERFECT 11,528 DARYN DRUM 7,276 JOHN RAJCIC 7,245 JOE ALLAN STUPAR 2,893 Total 28,942 SAN DIEGO UNIFIED SCHOOL DISTRICT MEMBER, BOARD OF EDUCATION DISTRICT A SABRINA BAZZO CRYSTAL TRULL Total Printed: Thursday, December 3, 2020 11:11 AM 9of20 253,894 157,880 411,774 22.31% 21.91% 20.00% 19.59% 16.20% 53.38% 46.62% 54.36% 30.02% 15.62% 61 .17% 38.83% 58.15% 41.85% 39.83% 25.14% 25.03% 10.00% 61.66% 38.34% SAN DIEGO UNIFIED SCHOOL DISTRICT MEMBER, BOARD OF EDUCATION DISTRICT D RICHARD BARRERA 252,241 CAMILLE HARRIS 160,708 Total 412,949 SAN DIEGO UNIFIED SCHOOL DISTRICT MEMBER, BOARD OF EDUCATION DISTRICT E SHARON D. VVHITEHURST-PAYNE 220,480 LAWANA RICHMOND 175,176 Total 395,656 SAN MARCOS UNIFIED SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA A CARLOS ULLOA 4,205 JOSEPH LAI 3,455 JAY ROSS 3,168 LEEANNE M LEON 1,361 Total 12,189 SAN MARCOS UNIFIED SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA B SARAH AHMAD 6,025 BRIAN EPPERSON 5,709 PAMELA JEAN LINDAMOOD 2,477 Total 14,211 SAN MARCOS UNIFIED SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA D JAIME KATHLEEN CHAMBERLIN 5,469 VICTOR GRAHAM 5,068 Total 10,537 VALLEY CENTER-PAUMA UNIFIED SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 5 MARY POLITO 1,602 BART SCHWARZ 1,166 Total 2,768 VISTA UNIFIED SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 1 ROSEMARY SMITHFIELD 8,250 MATTHEW G. SIMPSON 4,958 Total 13,208 VISTA UNIFIED SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 4 CIPRIANO VARGAS 6,197 WILLIAM HAROLD FAUST 2,713 Total 8,910 Page 3 of 14 December 15, 2020, Item #4 61.08% 38.92% 55.73% 44.27% 34.50% 28.35% 25.99% 11.17% 42.40% 40.17% 17.43% 51.90% 48.10% 57.88% 42.12% 62.46% 37.54% 69.55% 30.45% ---------------- Resolution No. 20- County of San Diego County of San Diego Presidential General Election November 3, 2020 Official Results {San Diego Portion Only) VISTA UNIFIED SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 5 JULIE KELLY 6,778 JOHN MURPHY 5,072 MADS NOESGAARD 3,281 Total 15,131 WARNER UNIFIED SCHOOL DISTRICT GOVERNING BOARD MEMBER Vote For 3 MELISSA KROGH 616 MELODY SEES 471 GENE DOXEY 352 TERRY L. COX 352 CAROLYN AL TO-AUDIBERT 247 BYRON ANTHONY KLEMASKE ll 238 Total 2,276 ESCONDIDO UNION HIGH SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 3 CHRISTI KNIGHT 8,218 MICHELLE GOLDING 4,712 Total 12,930 ESCONDIDO UNION HIGH SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 4 DANE M. WHITE 9,487 ERIC RODARTE 2,702 OGECHI S. OKEREKE 1,285 Total 13,474 GROSSMONT UNION HIGH SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 2 ELVA SALINAS 23,482 JUSTIN SLAGLE 14,114 JIM STIERINGER 6,356 Total 43,952 SAN DIEGUITO UNION HIGH SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 2 KATRINA YOUNG LESLIE SCHNEIDER Total Printed: Thursday, December 3, 2020 11: 11 AM 10 of 20 11,154 9,226 20,380 44.80% 33.52% 21.68% 27.07% 20.69% 15.47% 15.47% 10.85% 10.46% 63.56% 36.44% 70.41% 20.05% 9.54% 53.43% 32.11% 14.46% 54.73% 45.27% SAN DIEGUITO UNION HIGH SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 4 MICHAEL ALLMAN 7,507 JANE LEA SMITH 7,181 AMY CATERINA 3,056 Total 17,744 SWEETWATER UNION HIGH SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 2 ADRIAN ARANCIBIA 19,312 CINDY LOPEZ 14,971 SANDRA "SANDI" L. SMITH 7,016 Total 41,299 ALPINE UNION SCHOOL DISTRICT GOVERNING BOARD MEMBER Vote For 2 TRAVIS LYON 6,530 JOSEPH PAUL PERRICONE 4,435 JOHN PAUL SULLIVAN 3,511 Total 14,476 CAJON VALLEY UNION SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 4 KAREN CLARK-MEJIA 5,609 MONICA D. HINTON 5,413 Total 11,022 CAJON VALLEY UNION SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 5 JAMES P. MILLER JR 10,043 STACIE HOOVER 5,167 Total 15,210 CARDIFF SCHOOL DISTRICT GOVERNING BOARD MEMBER Vote For 2 NANCY ORR 3,346 RHEA STEWART 3,341 STEVEN G. GRIMALDI 2,115 BILLY MITCHELL SVVINNEA 312 Total 9,114 Page 4 of 14 December 15, 2020, Item #4 42.31% 40.47% 17.22% 46.76% 36.25% 16.99% 45.11% 30.64% 24.25% 50.89% 49.11% 66.03% 33.97% 36.71% 36.66% 23.21% 3.42% Resolution No. 20- County of San Diego County of San Diego Presidential General Election November 3, 2020 Official Results (San Diego Portion Only) CHULA VISTA ELEMENTARY SCHOOL DISTRICT GOVERNING BOARD MEMBER SEAT NO. 2 LUCY UGARTE 50,498 ARMANDO FARIAS 36,155 FAMELA RAMOS 33,634 RICHARD "RICK" VALDEZ 10,363 Total 130,650 CHULA VISTA ELEMENTARY SCHOOL DISTRICT GOVERNING BOARD MEMBER SEAT NO. 4 KATE BISHOP 66,229 DOUG WOLF 37,618 LAURIE HUMPHREY 25,977 Total 129,824 DEHESA SCHOOL DISTRICT GOVERNING BOARD MEMBER Vote For 2 RICHARD A VVHITE 409 KAREN KIRKPATRICK 376 MARIA M SANCHEZ 372 DORIS RIVAS-BREKKE 355 Total 1,512 DEL MAR UNION SCHOOL DISTRICT GOVERNING BOARD MEMBER Vote For 2 ERICA HALPERN 14,139 GEE WAH MOK 12,730 MARIANNE GROSNER 5,963 KYMBERLY VAN DER LINDEN 5,525 Total 38,357 ENCINITAS UNION SCHOOL DISTRICT GOVERNING BOARD MEMBER Vote For 2 MARLON A. TAYLOR 17,850 JODIE MICHELE WILLIAMS 14,580 MATTHEW EDWARD WHEELER 12,974 CHRISTIAN SEAN ADAMS 9,810 ADINA SMARANDACHE 5,711 LEONARD DIMEDIO 2,963 Total 63,888 ESCONDIDO UNION SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 3 MARK D. OLSON JOEMUGA Total Printed: Thursday, December 3, 2020 11 :11 AM 11 of 20 7,172 5,956 13,128 38.65% 27.67% 25.74% 7.93% 51.01% 28.98% 20.01% 27.05% 24.87% 24.60% 23.48% 36.86% 33.19% 15.55% 14.40% 27.94% 22.82% 20.31% 15.35% 8.94% 4.64% 54.63% 45.37% LA MESA-SPRING VALLEY SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 4 SARAH RHILEY 4,193 EMMA TURNER 3,167 ABU-BAKR AL-JAFRI 1,606 SUZANNE R FAIRMAN 966 LYDIA MILICAN 837 Total 10,769 LA MESA-SPRING VALLEY SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 5 MINERVA MARTINEZ SCOTT 4,513 COLDON LEON OWENS SR 2,447 LORENA A SMITH 1,944 TYRA FLEMING 633 Total 9,537 LAKESIDE UNION SCHOOL DISTRICT GOVERNING BOARD MEMBER Vote For 2 RHONDA L. TAYLOR 10,178 LARA HOEFER MOIR 7,577 GINNY WHITT BELL 4,446 CHARLES "CHUCK" PLANTE 4,352 ST ACY K. COBLE 3,713 Total 30,266 LEMON GROVE SCHOOL DISTRICT GOVERNING BOARD MEMBER Vote For 2 CHERYL ROBERTSON 8,324 YAJAIRA PRECIADO 6,714 BLANCA BROWN 5,268 Total 20,306 LEMON GROVE SCHOOL DISTRICT GOVERNING BOARD MEMBER -SHORT TERM GREG SHIBLEY 6,938 APRIL A. LEON 6,931 Total 13,869 NATIONAL SCHOOL DISTRICT GOVERNING BOARD MEMBER Vote For 2 MICHELLE GATES 8,617 ROCINA LIZARRAGA 5,602 BARBARA ANN AVALOS 5,384 ZACHARY FRANCISCO GOMEZ 4,116 BRIAN CLAPPER 3,338 Total 27,057 Page 5 of 14 December 15, 2020, Item #4 38.94% 29.41% 14.91% 8.97% 7.77% 47.32% 25.66% 20.38% 6.64% 33.63% 25.03% 14.69% 14.38% 12.27% 40.99% 33.06% 25.94% 50.03% 49.97% 31.85% 20.70% 19.90% 15.21% 12.34% Resolution No. 20- County of San Diego County of San Diego Presidential General Election November 3, 2020 Official Results (San Diego Portion Only) RANCHO SANTA FE SCHOOL DISTRICT GOVERNING BOARD MEMBER Vote For 3 ROSEMARIE ROHATGI 2,139 JOHN TREE 1,449 ANNETTE T ROSS 1,329 ELLEN WILLIAMS 1,129 PAULK. SEITZ 929 JASON KARCHES 863 CHRISTOPHER SCOTT BLATT 459 Total 8,297 SANTEE SCHOOL DISTRICT GOVERNING BOARD MEMBER SEAT NO. 2 DIANNE EL-HAJJ 13,670 SARAH J. KIRK 8,944 JEREMY WILEY THOMAS 5,632 Total 28,246 SANTEE SCHOOL DISTRICT GOVERNING BOARD MEMBER SEAT NO. 4 ELANA LEVENS-CRAIG 20,300 JACOB P. TERENZINI 7,153 Total 27,453 SOLANA BEACH SCHOOL DISTRICT GOVERNING BOARD MEMBER Vote For 2 DANA KING 10,859 JULIE UNION 9,756 LARRY D. ROSEN 8,924 HAIDEE THESING 2,537 Total 32,076 SOUTH BAY UNION SCHOOL DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA NO. 3 CHERYL QUINONES 2,793 ALLAN BALUYOT 1,858 Total 4,651 MEMBER, BOARD OF SUPERVISORS DISTRICT NO. 1 NORA VARGAS 131,783 BEN HUESO 101,133 Total 232,916 MEMBER, BOARD OF SUPERVISORS DISTRICT NO. 2 JOEL ANDERSON STEVE VAUS Total Printed: Thursday, December 3, 2020 11 : 11 AM 12 of 20 145,103 144,821 289,924 MEMBER, BOARD OF SUPERVISORS DISTRICT NO. 3 TERRA LAWSON-REMER 176,594 25.78% KRISTIN DIANE GASPAR 127,259 17.46% Total 303,853 16.02% 13.61% CITY OF CARLSBAD MEMBER, CITY COUNCIL 11.20% DISTRICT NO. 2 10.40% KEITH BLACKBURN 9,034 5.53% LELA PANAGIDES 6,886 BRIAN HIGGINS 766 Total 16,686 48.40% CITY OF CARLSBAD MEMBER, CITY COUNCIL 31.66% DISTRICT NO. 4 19.94% TERESA ACOSTA 9,989 PHIL URBINA 7,617 Total 17,606 CITY OF CHULA VISTA MEMBER, CITY COUNCIL 73.94% DISTRICT NO. 3 26.06% STEVE PADILLA 19,359 HENRY A. MARTINEZ II 15,016 Total 34,375 CITY OF CHULA VISTA MEMBER, CITY COUNCIL DISTRICT NO. 4 33.85% ANDREA CARDENAS 12,179 30.42% MIKE DIAZ 11,241 27.82% Total 23,420 7.91% CITY OF CORONADO MAYOR RICHARD BAILEY 7,239 Kirk Horvath 61 60.05% Total 7,300 39.95% CITY OF CORONADO MEMBER, CITY COUNCIL Vote For 2 CASEY TANAKA 6,577 MIKE DONOVAN 4,070 56.58% 43.42% JOHN DUNCAN 3,600 TIM ROHAN 1,698 Total 15,945 50.05% 49.95% Page 6 of 14 December 15, 2020, Item #4 58.12% 41.88% 54.14% 41.27% 4.59% 56.74% 43.26% 56.32% 43.68% 52.00% 48.00% 99.16% 0.84% 41.25% 25.53% 22.58% 10.65% Resolution No. 20- County of San Diego County of San Diego Presidential General Election November 3, 2020 Official Results (San Diego Portion Only) CITY OF DEL MAR MEMBER, CITY COUNCIL Vote For 3 TRACY MARTINEZ DANIEL J. QUIRK DAVE DRUKER BOB GANS PHIL BLAIR GLENN WARREN Total CITY OF EL CAJON MEMBER, CITY COUNCIL DISTRICT NO. 2 MICHELLE METSCHEL LETITIA D. DICKERSON STEPHANIE HARPER JUAN CARLOS MERCADO HUMBERT CABRERA MARTIN VAN DINTEREN Total CITY OF EL CAJON MEMBER, CITY COUNCIL DISTRICT NO. 3 STEVE GOBLE Total CITY OF EL CAJON MEMBER. CITY COUNCIL DISTRICT NO. 4 PHIL ORTIZ ESTELA DE LOS RIOS DUNIASHABA BILLY THIGPEN Total CITY OF ENCINITAS MAYOR CATHERINE BLAKESPEAR JULIE THUNDER Total CITY OF ENCINITAS MEMBER, CITY COUNCIL DISTRICT NO. 1 1,498 1,429 1,370 1,Q70 1,018 875 7,260 1,441 1,380 1,367 1,224 976 544 6,932 8,832 8,832 3,081 1,611 1,341 728 6,761 20,973 17,144 38,117 TONY KRANZ 5, 115 ALEX RILEY 4,042 Total 9,157 CITY OF ENCINITAS MEMBER, CITY COUNCIL DISTRICT NO. 2 KELLIE HINZE SUSAN K. TURNEY Total Printed: Thursday, December 3, 2020 11: 11 AM 13 of 20 4,876 3,030 7,906 20.63% 19.68% 18.87% 14.74% 14.02% 12.05% 20.79% 19.91% 19.72% 17.66% 14.08% 7.85% 100.00% 45.57% 23.83% 19.83% 10.77% 55.02% 44.98% 55.86% 44.14% 61.67% 38.33% CITY OF ESCONDIDO MEMBER, CITY COUNCIL DISTRICT NO. 2 -SHORT TERM TINA INSCOE VANESSA VALENZUELA RICK PAUL 6,638 6,033 4,875 Total 17,546 CITY OF ESCONDIDO MEMBER, CITY COUNCIL DISTRICT NO. 3 JOE GARCIA DONALD "DON" GREENE DARA CZERWONKA SUSAN REVELES 4,995 3,373 3,260 1,151 Total 12,779 CITY OF ESCONDIDO MEMBER, CITY COUNCIL DISTRICT NO. 4 MIKE MORASCO 7,553 ANDRES YANEZ 4,646 APRIL AUSTIN PUGH 3,711 Total 15,910 CITY OF IMPERIAL BEACH MEMBER, CITY COUNCIL DISTRICT NO. 2 JOHN "JACK" FISHER MARK 8. WEST Total 1,510 1,398 2,908 CITY OF IMPERIAL BEACH MEMBER, CITY COUNCIL DISTRICT NO. 4 MATTHEW LEYBA-GONZALEZ WILL NIMMO Total CITY OF LA MESA MEMBER, CITY COUNCIL Vote For2 COLIN PARENT JACK SHU KRISTINE C. ALESSIO LAURA LOTHIAN ALLAN DURDEN MARK PAPENFUSS Total CITY OF LEMON GROVE MAYOR RACQUEL VASQUEZ JERRY JONES KAMAAL MARTIN CHRISTOPHER WILLIAMS 1,229 655 1,884 11,884 11,580 11,163 9,191 3,478 1,822 49,118 4,371 3,734 2,325 1,059 Total 11,489 Page 7 of 14 December 15, 2020, Item #4 37.83% 34.38% 27.78% 39.09% 26.39% 25.51% 9.01% 47.47% 29.20% 23.32% 51.93% 48.07% 65.23% 34.77% 24.19% 23.58% 22.73% 18.71% 7.08% 3.71% 38.05% 32.50% 20.24% 9.22% Resolution No. 20- County of San Diego County of San Diego Presidential General Election November 3, 2020 Official Results (San Diego Portion Only) CITY OF LEMON GROVE MEMBER, CITY COUNCIL Vote For 2 LIANA LEBARON 4,528 GEORGE GASTIL 4,507 TERESA ROSIAK 3,921 DAVID ARAMBULA 3,867 Total 16,823 CITY OF NATIONAL CITY MEMBER, CITY COUNCIL Vote For 2 JOSE RODRIGUEZ 7,708 MARCUS BUSH 6,578 LORNA DELOSSANTOS 4,319 DIT AS DELOSSANTOS YAMANE 3,647 JERRY CANO 2,631 GONZALO JESUS QUINTERO 2,279 DANIEL PEREZ 1,598 Total 28,760 CITY OF NATIONAL CITY CITY CLERK LUZ MOLINA 9,591 JAVIER ALVARADO 7,821 Total 17,412 CITY OF NATIONAL CITY TREASURER R. MITCHEL BEAUCHAMP 15,917 Total 15,917 CITY OF OCEANSIDE MAYOR ESTHER C. SANCHEZ 24,423 CHRISTOPHER RODRIGUEZ 15,345 JACK FELLER 11,953 ROB HOWARD 9,222 ROCKY JOHN CHAVEZ 7,869 RUBEN MAJOR 6,496 FERNANDO GARCIA 3,327 LOUIS URIDEL 1,696 FABIO MARCHI 1,056 PERRY ALVAREZ 651 DAVID JOSEPH TURGEON 636 ALVIN L MCGEE 442 Total 83,116 CITY OF OCEANSIDE MEMBER, CITY COUNCIL DISTRICT NO. 3 RYAN KEIM 8,759 SHARI MACKIN 8,042 AMBER NEWMAN 2,243 KELLIE DAVIS 1,489 BILL BATCHELOR 1,314 DAVID IAN ZERNIK 1,068 Total 22,915 Printed: Thursday, December 3, 2020 11: 11 AM 14 of 20 26.92% 26.79% 23.31% 22.99% 26.80% 22.87% 15.02% 12.68% 9.15% 7.92% 5.56% 55.08% 44.92% 100.00% 29.38% 18.46% 14.38% 11.10% 9.47% 7.82% 4.00% 2.04% 1.27% 0.78% 0.77% 0.53% 38.22% 35.09% 9.79% 6.50% 5.73% 4.66% CITY OF OCEANSIDE MEMBER, CITY COUNCIL DISTRICT NO. 4 PETER WEISS JANE MARSHALL MICHELLE GOMEZ MORGAN MCCRAY Total CITY OF OCEANSIDE CITY CLERK ZEB NAVARRO LAURA RICHARDSON BASSETT Total CITY OF OCEANSIDE TREASURER VICTOR ROY Total 9,837 5,888 5,276 787 21,788 48,690 27,153 75,843 67,520 67,520 CITY OF POWAY MEMBER, CITY COUNCIL DISTRICT NO.2 BARRY LEONARD PHIL FACTOR Total 4,247 3,188 7,435 CITY OF POWAY MEMBER, CITY COUNCIL DISTRICT NO.4 CAYLIN FRANK 2,696 CHRIS OLPS 2,066 FRANK FOURNIER 601 Total 5,363 CITY OF SAN DIEGO MAYOR TODD GLORIA 346,662 BARBARA BRY 272,887 Total 619,549 CITY OF SAN DIEGO CITY ATTORNEY MARA W. ELLIOTT 380,291 CORY BRIGGS 190,893 Total 571,184 CITY OF SAN DIEGO MEMBER, CITY COUNCIL DISTRICT NO. 1 JOE LACAVA WILL MOORE Page 8 of 14 Total 42,613 27,250 69,863 December 15, 2020, Item #4 45.15% 27.02% 24.22% 3.61% 64.20% 35.80% 100.00% 57.12% 42.88% 50.27% 38.52% 11.21% 55.95% 44.05% 66.58% 33.42% 61.00% 39.00% Resolution No. 20- County of San Diego County of San Diego Presidential General Election November 3, 2020 Official Results (San Diego Portion Only) CITY OF SAN DIEGO MEMBER. CITY COUNCIL DISTRICT NO. 3 STEPHEN WHITBURN 49,119 TONI DURAN 28,813 Total 77,932 CITY OF SAN DIEGO MEMBER, CITY COUNCIL DISTRICT NO. 5 MARNI VON WILPERT 43,630 JOE LEVENTHAL 38,308 Total 81,938 CITY OF SAN DIEGO MEMBER, CITY COUNCIL DISTRICT NO. 7 RAUL CAMPILLO 40,310 NOLI ZOSA 32,963 Total 73,273 CITY OF SAN DIEGO MEMBER, CITY COUNCIL DISTRICT NO. 9 SEAN ELO-RIVERA 26,835 KELVIN BARRIOS 15,990 Total 42,825 CITY OF SAN MARCOS MEMBER, CITY COUNCIL DISTRICT NO. 3 SHARON JENKINS 5,872 ALAN GERACI 3,391 Total 9,263 CITY OF SAN MARCOS MEMBER. CITY COUNCIL DISTRICT NO. 4 ED MUSGROVE NEIL KRAMER Total CITY OF SANTEE MAYOR JOHN W. MINTO STEPHEN HOULAHAN Total CITY OF SANTEE MEMBER, CITY COUNCIL DISTRICT NO. 3 LAURA KOVAL Total CITY OF SANTEE MEMBER, CITY COUNCIL DISTRICT NO. 4 DUSTIN TROTTER SAMM HURST 5,984 4,493 10.477 16,020 14,110 30,130 5,842 5,842 3,920 3,915 Total 7,835 63.03% 36.97% 53.25% 46.75% 55.01% 44.99% 62.66% 37.34% 63.39% 36.61% 57.12% 42.88% 53.17% 46.83% 100.00% 50.03% 49.97% CITY OF SOLANA BEACH MAYOR LESA HEEBNER 6,382 Total 6,382 CITY OF SOLANA BEACH MEMBER, CITY COUNCIL DISTRICT NO. 1 DAVID A. ZITO 1,775 Total 1,775 CITY OF SOLANA BEACH MEMBER, CITY COUNCIL DISTRICT NO. 3 JEWEL EDSON 1,511 Total 1,511 CITY OF VISTA MEMBER, CITY COUNCIL DISTRICT NO.2 JOE GREEN 5,796 LIZ PEREZ 4,669 Total 10,465 CITY OF VISTA MEMBER, CITY COUNCIL DISTRICT NO.3 KA TIE MELENDEZ 5,313 AMANDA RIGBY 4,111 Total 9,424 ALPINE FIRE PROTECTION DISTRICT MEMBER, BOARD OF DIRECTORS Vote For 2 TIM MEHRER 6,085 STEVE TAYLOR 3,534 DAMIAN GUILLIANI 3,330 MARY K. HARRIS 448 Total 13,397 BORREGO WATER DISTRICT MEMBER, BOARD OF DIRECTORS Vote For 2 DIANE ELIZABETH JOHNSON 740 TAMMY BAKER 679 BRUCE BURGENER 529 Total 1,948 Printed: Thursday, December 3, 2020 11 :11 AM Page 9 of 14 15 of 20 December 15, 2020, Item #4 100.00% 100.00% 100.00% 55.38% 44.62% 56.38% 43.62% 45.42% 26.38% 24.86% 3.34% 37.99% 34.86% 27.16% Resolution No. 20- County of San Diego County of San Diego Presidential General Election November 3, 2020 Official Results (San Diego Portion Only) FALLBROOK COMMUNITY PLANNING AREA MEMBER, PLANNING GROUP Vote For 8 THOMAS GERALD HARRINGTON 11,591 ROY MOOSA 11,293 STEPHANI BAXTER 10,131 ANNA E. STRAHAN 9,584 JACKF. WOOD 8,926 LEE J. DE MEO 8,038 ROSS L. PIKE 7,488 JACQUELINE KAISER 6,928 JAMES "JIM" LOGE 5,623 JERRY L. KALMAN 5,576 COLLIN STEPHENS 5,310 Total 90,488 HELIX WATER DISTRICT MEMBER. BOARD OF DIRECTORS DIVISION NO. 1 DAN MCMILLAN 16,282 DOUGLAS STERLING 5,482 Total 21,764 HELIX WATER DISTRICT MEMBER, BOARD OF DIRECTORS DIVISION NO. 5 JOEL A. SCALZITTI 11,909 VICKIE KNIGHT BUTCHER 5,597 LUIS "LU" P. TEJEDA 2,652 TYLER LOGAN MARTIN 801 Total 20,959 LEUCADIA WASTEWATER DISTRICT MEMBER. BOARD OF DIRECTORS DIVISION NO. 5 JUDY HANSON 4,088 DEREK WIBACK 2,325 Total 6,413 NORTH COUNTY FIRE PROTECTION DISTRICT MEMBER, BOARD OF DIRECTORS DIVISION NO. 1 DAVID M. KENNEDY 2,326 LEE J DE MEO 251 Total 2,577 OLIVENHAIN MUNICIPAL WATER DISTRICT MEMBER, BOARD OF DIRECTORS DIVISION NO. 4 KRISTIE BRUCE-LANE ROBERT MAX KEPHART II Total Printed: Thursday, December 3, 2020 11 :11 AM 16 of 20 4,171 2,899 7,070 OLIVENHAIN MUNICIPAL WATER DISTRICT MEMBER, BOARD OF DIRECTORS DIVISION NO. 5 EDMUND K SPRAGUE 4,920 12.81% VOLKER M. HOEHNE 2,417 12.48% Total 7,337 11.20% 10.59% OTAY WATER DISTRICT MEMBER, BOARD OF 9.86% DIRECTORS DIVISION NO. 2 8.88% RYAN KEYES 5,797 8.28% MITCHELL ESPINOZA THOMPSON 5,450 7.66% JERRY MUNOZ 4,244 6.21% Total 15,491 6.16% 5.87% OTAY WATER DISTRICT MEMBER, BOARD OF DIRECTORS DIVISION NO. 4 JOSE A. LOPEZ 8,393 HECTOR RAUL GASTELUM 5,773 74.81% MICHAEL MONACO 2,484 25.19% PATRICIA MALLEN 2,325 Total 18,975 OTAY WATER DISTRICT MEMBER. BOARD OF DIRECTORS DIVISION NO. 5 MARK ROBAK 13,763 56.82% NADIA KEAN-AYUB 7,580 26.70% Total 21,343 12.65% 3.82% PADRE DAM MUNICIPAL WATER DISTRICT MEMBER, BOARD OF DIRECTORS DIVISION NO. 2 SUZANNE TILL 5,072 AUGIE SCALZITTI 3,325 63.75% JAMES SLY 2,383 36.25% Total 10,780 PALOMAR HEAL TH SYSTEM MEMBER. BOARD OF DIRECTORS DIVISION NO. 2 THERESA "TERRY" CORRALES 10,585 90.26% VICKI F. GROVE 9,665 9.74% TOM KUMURA 7,323 Total 27,573 PALOMAR HEAL TH SYSTEM MEMBER, BOARD OF DIRECTORS DIVISION NO. 6 59.00% JEFF GRIFFITH 27,651 41.00% DUNCAN FANE 6,015 Total 33,666 Page 10 of 14 December 15, 2020, Item #4 67.06% 32.94% 37.42% 35.18% 27.40% 44.23% 30.42% 13.09% 12.25% 64.48% 35.52% 47.05% 30.84% 22.11 % 38.39% 35.05% 26.56% 82.13% 17.87% Resolution No. 20- County of San Diego County of San Diego Presidential General Election November 3, 2020 Official Results (San Diego Portion Only) RAINBOW MUNICIPAL WATER DISTRICT MEMBER, BOARD OF DIRECTORS DIVISION NO. 1 PAM MOSS JULIE JOHNSON Total 1,204 1,098 2,302 RAINBOW MUNICIPAL WATER DISTRICT MEMBER, BOARD OF DIRECTORS DIVISION NO. 5 MICHAEL P. MACK KATHLEEN MCSORLEY Total 1,123 867 1,990 RAMONA COMMUNITY PLANNING AREA MEMBER, PLANNING GROUP Vote For 8 DAN SUMMERS 11,310 DEBRA FOSTER 9,693 MICHELLE M. RAINS 8,477 TORRY BREAN 8,310 ANDREW CHARLES SIMMONS 8,014 CASEY LYNCH 7,421 MATT RAINS 6,649 PAUL ALDRIK STYKEL 6,056 MAYA PHILLIPS 5,937 JAMES M. COOPER 4,975 DWIGHT WEBSTER 4,408 Total 81,250 RAMONA MUNICIPAL WATER DISTRICT MEMBER, BOARD OF DIRECTORS DIVISION NO. 3 THOMAS ACE 1,766 REX ALLEN SCHILDHOUSE 1,654 Total 3,420 RANCHO SANTA FE COMMUNITY SERVICES DISTRICT MEMBER, BOARD OF DIRECTORS Vote For 2 DEBORAH A. PLUMMER 2,812 JOHN SALAZAR 1,834 DOUGLAS WILLIAM MOUL 1,782 Total 6,428 RANCHO SANTA FE FIRE PROTECTION DISTRICT MEMBER, BOARD OF DIRECTORS Vote For 3 NANCY HILLGREN JIM ASHCRAFT RANDALL MALIN EILEEN T. ROBARGE Total Prinled: Thursday, December 3, 2020 11: 11 AM 17 of 20 10,099 9,952 7,943 7,729 35,723 52.30% 47.70% 56.43% 43.57% 13.92% 11.93% 10.43% 10.23% 9.86% 9.13% 8.18% 7.45% 7.31% 6.12% 5.43% 51.64% 48.36% 43.75% 28.53% 27.72% 28.27% 27.86% 22.23% 21.64% RINCON DEL DIABLO MUNICIPAL WATER DISTRICT MEMBER, BOARD OF DIRECTORS DIVISION NO. 5 INKI KIM WELCH DIANA TOWNE Total 4,680 3,954 8,634 SANTA FE IRRIGATION DISTRICT MEMBER, BOARD OF DIRECTORS DIVISION NO. 2 DANA FRIEHAUF DAVID G. PETREE Total SOUTH BAY IRRIGATION DISTRICT MEMBER, BOARD OF DIRECTORS DIVISION NO. 2 PAULINA MARTINEZ-PEREZ JOS~ F. CERDA Total SOUTH BAY IRRIGATION DISTRICT MEMBER, BOARD OF DIRECTORS DIVISION NO. 5 JOSIE L. CALDERON SCOTT ERNESTO LEYVAS ZAMUDIO Total TRI-CITY HEALTHCARE MEMBER, BOARD OF DIRECTORS DIVISION NO. 1 ADELA IRMA SANCHEZ JIMMY "JIM" BURLEW COLLEEN C O'HARRA Total TRI-CITY HEALTHCARE MEMBER, BOARD OF DIRECTORS DIVISION NO. 3 GIGI GLEASON ROBERT LEE MOTSINGER Total TRI-CITY HEALTHCARE MEMBER, BOARD OF DIRECTORS DIVISION NO. 5 LEIGH ANNE M. GRASS SAVANNAH ROSE STRUNK Total TRI-CITY HEALTHCARE MEMBER, BOARD OF DIRECTORS DIVISION NO. 7 NINA CHAYA DEBORAH SHERI VIETOR ALLEN J MANZANO Total Page 11 of 14 1,352 698 2,050 6,120 2,512 8,632 6,487 4,462 10,949 13,056 8,644 4,379 26,079 18,017 6,126 24,143 17,659 6,301 23,960 18,976 6,611 2,609 28,196 December 15, 2020, Item #4 54.20% 45.80% 65.95% 34.05% 70.90% 29.10% 59.25% 40.75% 50.06% 33.15% 16.79% 74.63% 25.37% 73.70% 26.30% 67.30% 23.45% 9.25% Resolution No. 20- County of San Diego County of San Diego Presidential General Election November 3, 2020 Official Results (San Diego Portion Only) VALLECITOS WATER DISTRICT MEMBER, BOARD OF DIRECTORS DIVISION NO. 5 Tl FF ANY BOYD-HODGSON 6,336 HAL MARTIN 3,946 MATTHEW "MATT" CORRALES 429 Total 10,711 VALLEY CENTER PARKS AND RECREATION MEMBER, BOARD OF DIRECTORS Vote For 2 GINA ROBERTS 5,073 CAROL DALE JOHNSON 4,122 ERIC M JOCKINSEN 2,674 RACHEL P DOVE 1,713 Total 13,582 VALLEY CENTER FIRE PROTECTION DISTRICT MEMBER, BOARD OF DIRECTORS Vote For 2 MICHAEL W. O'CONNOR 5,521 GINA ROBERTS 3,534 JIM WOLD 3,346 CAROL DALE JOHNSON 1,617 Total 14,018 VISTA FIRE PROTECTION DISTRICT MEMBER, BOARD OF DIRECTORS Vote For 3 DANIEL TREVINO GOMEZ 5,349 ROBERT FOUGNER 4,424 JOHN PLOETZ 3,020 ELAINE A. PRICE 1,765 JEROME M. HILL 1,341 Total 15,899 PROP 14 Authorizes Bonds Continuing Stem Cell Research. YES NO Total 814,240 734,020 1,548,260 PROP 15 Funding Public Schls, Comm. Colleges, and Local Gov't Svcs. by Changing Tax Assmnt. of Comm!. and Ind. Property. NO YES Total 879,610 692,690 1,572,300 PROP 16 Allows Diversity as a Factor in Public Employment, Education and Contracting Decisions NO 930,157 YES Total 618,452 1,548,609 Printed: Thursday, December 3, 2020 11 :11 AM 18 of 20 59.15% 36.84% 4.01% 37.35% 30.35% 19.69% 12.61% 39.39% 25.21% 23.87% 11 .54% 33.64% 27.83% 18.99% 11.10% 8.43% 52.59% 47.41% 55.94% 44.06% 60.06% 39.94% PROP 17 Restores Right to Vote After Completion of Prison Term. YES 895,460 NO 670,208 Total 1,565,668 PROP 18 Amends CA Constitution Voting Age. NO 918,822 YES 653,748 Total 1,572,570 PROP 19 Changes Certain Property Tax Rules. YES 812,945 NO 717,227 Total 1,530,172 PROP 20 Restricts Parole for Non-Violent Offenders. NO 943,854 YES 576,929 Total 1,520,783 PROP 21 Expands Local Governments' Authority to Enact Rent Control on Residential Property. NO 957,116 YES 583.099 Total 1,540,215 PROP 22 Exempts App-Based Transportation and Delivery Companies From Providing Employee Benefits to Certain Drivers. YES 999,263 NO 557,394 Total 1,556,657 PROP 23 Establishes State Requirements for Kidney Dialysis Clinics. NO 980,341 YES 557,301 Total 1,537,642 PROP 24 Amends Consumer Privacy Laws. YES 871,707 NO Total 650,103 1,521,810 PROP 25 Referendum on Law That Replaced Money Bail With System Based on Public Safety and Flight Risk. NO 869,768 YES 645,574 Total 1,515,342 Page 12 of 14 December 15, 2020, Item #4 57.19% 42.81% 58.43% 41.57% 53.13% 46.87% 62.06% 37.94% 62.14% 37.86% 64.19% 35.81% 63.76% 36.24% 57.28% 42.72% 57.40% 42.60% Resolution No. 20- County of San Diego County of San Diego Presidential General Election November 3, 2020 Official Results (San Diego Portion Only) MEASURE A-CITY OF SAN DIEGO 2/3 General Obligation Bonds for Affordable Housing. YES 366,723 NO 270,554 Total MEASURE B-CITY OF SAN DIEGO Charter Amendments Establishing Commission on Police Practices. YES NO 637,277 468,051 159,365 Total 627,416 MEASURE E-CITY OF SAN DIEGO Removing 30-Foot Height Limit in Midway-Pacific Hwy. Community Plan Area. YES NO 350,855 269,435 Total 620,290 MEASURE C-SAN DIEGO UN SCLH Charter Amendment: District-Only Elections for School Board Members. YES NO 308,270 135,965 Total 444,235 MEASURED-SAN DIEGO UN SCLH Charter Amendment: Procedures to Remove School Board Members. YES NO Total MEASURE G-CITY OF CARLSBAD aty Council Compensation. 384,536 64,416 448,952 YES 51,176 NO 14,761 Total 65,937 MEASURE H-CITY OF ENCINITAS Adopt Authorizing Commercial Cannabis Activities Involving Retail Sales. YES 19,962 NO Total 19,077 39,039 MEASURE I-CITY OF IMPERIAL BEACH Imperial Beach Emergency ResponseNital Services Measure. YES 7,273 NO 3,084 Total 10,357 57.55% 42.45% 74.60% 25.40% 56.56% 43.44% 69.39% 30.61% 85.65% 14.35% 77.61% 22.39% 51.13% 48.87% 70.22% 29.78% MEASURE J-CITY OF LEMON GROVE Tax Ordinance - Cannabis Tax. YES NO Total 8,439 3,299 11,738 MEASURE K-CITY OF OCEANSIDE Establishing Term Limits. YES NO Total 67,203 14,626 81,829 MEASURE L-CITY OF OCEANSIDE North River Farms Referendum. NO YES Total 56,782 27,687 84,469 MEASURE M-CITY OF OCEANSIDE Cannabis Business Tax. YES NO Total 51,548 31,887 83,435 MEASURE P-CITY OF POWAY The Farm In Poway Specific Plan. YES NO Total MEASURE N-CITY OF SANTEE General Plan Protection Initiative. YES NO Total 17,483 10,664 28,147 15,720 14,812 30,532 MEASURE Q-CITY OF SANTEE Term Limits· Three- Term Lifetime Limit. YES NO Total 19,269 10,832 30,101 MEASURE R-CITY OF SANTEE Term Limits • Three- Term Council Member Limit/ Two-Term Mayoral Limit. YES 20,235 NO Total 9,765 30,000 Printed: Thursday, December 3, 2020 11: 11 AM Page 13 of 14 19 of 20 December 15, 2020, Item #4 71.89% 28.11% 82.13% 17.87% 67.22% 32.78% 61.78% 38.22% 62.11% 37.89% 51.49% 48.51% 64.01% 35.99% 67.45% 32.55% Resolution No. 20- County of San Diego County of San Diego Presidential General Election November 3, 2020 Official Results (San Diego Portion Only) MEASURES-CITY OF SOLANA BEACH Proposed Ord. Amend Municipal Code Regarding Cannabis Businesses. NO YES Total 5,276 3,265 8,541 MEASURE T-CAJON VALLEY UN SCHL 55 Percent Bond Measure. BONDS-YES BONDS-NO Total 36,822 32295 69,117 MEASURE U-DEHESA ELEM SCHL 55 Percent Bond Measure. BONDS-NO BONDS -YES Total 814 492 1,306 MEASURE V-LA MESA SPG VL Y ELEM SCHL 55 Percent Bond Measure. BONDS-YES BONDS-NO Total MEASURE W-OCEANSIDE UNIFIED SCHL 55 Percent Bond Measure. BONDS-YES BONDS-NO Total 42,311 24,497 66,808 34.514 21,898 56,412 MEASURE X-SOUTH BAY UN ELEM SCHL School Board Member Term Limits. YES NO Total 25,779 3,925 29,704 MEASURE Y-LAKESIDE FIRE PROT 213 Special Tax. NO 19,933 YES 13,111 Total 33,044 MEASURE Z-RINCON RANCH COMM SRV 213 Special Tax. YES NO Total Printed: Thursday, December 3, 2020 11 : 11 AM 20 of 20 66 43 109 61.77% 38.23% 53.27% 46.73% 62.33% 37.67% 63.33% 36.67% 61.18% 38.82% 86.79% 13.21% 60.32% 39.68% 60.55% 39.45% MEASURE AA-VALLEY CENTER FIRE PROT 2/3 Fire Protection District Emergency Response Protection Measure. YES NO Page 14 of 14 Total 5,986 4,598 10,584 December 15, 2020, Item #4 56.56% 43.44% December 15, 2020, Item #5AG EN DA REPORT City of Poway DATE: TO: FROM: December 15, 2020 Honorable Mayor and Members of the City Council Vaida Pavolas, City Clerk (858) 668-4535 or vpavolas@poway.org CITY COUNCIL SUBJECT: Approval of Local Appointments List of City Council Appointed Committees for 2021 Summary: The City Clerk has prepared the annual Local Appointments List required by Government Code Section 54972. The Code requires that on or before December 31st of each year, the legislative body shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. Recommended Action: It is recommended that the City Council approve the Local Appointments List for 2021 and authorize the City Clerk to post in accordance with Government Code Section 54973. Discussion: Government Code Sections 54970-54974, also known as the Maddy Act, require that the City Council prepare and post a Local Appointments List on or before December 31st of each year of all regular and ongoing boards, commissions, and committees. The list must contain the following information: 1. All appointive terms which will expire during the next calendar year; 2. The name of the incumbent appointee; 3. The date of appointment and the date the term expires; and 4. The necessary qualifications for the position This information allows any resident the opportunity to apply to serve on a Committee. The City currently has two Committees that fall under the provisions of this section. They are the Budget Review Committee (BRC) and the Parks and Recreation Advisory Committee (PRAC) in which Committee members serve two-year terms. Current Committee members' terms are set to expire December 31, 2020. The City will have five (5) vacancies on the BRC and five (5) vacancies on the PRAC. Applications will be available on the City's website. Any other vacancies that occur during 2021 would be unscheduled and a notice would be posted in accordance with Government Code Section 54974. 1 of 3 December 15, 2020, Item #5Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: None. Public Notification: Upon approval, the Local Appointments List will be posted on the City's website, outside City Hall, and at the Poway Library and shall remain posted for the full calendar year to remain in compliance with the Maddy Act. Attachments: A. Local Appointments List 2021 Reviewed/ Approved By: Assistant City Manager 2 of3 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager December 15, 2020, Item #5City of Poway LOCAL APPOINTMENTS LIST 2021 In compliance with the requirements of the Maddy Act, Government Code 54972, the following appointment list is posted on an annual basis by December 31st. The City Clerk's Office submits the following: BUDGET REVIEW COMMITTEE Qualifications: Purpose: Term: Expiring terms: The committee consists of five (5) members who must be Poway residents. The purpose of the Budget Review Committee shall be to review the annual Operating and Capital Improvement Budget as proposed by the City Manager, and report its findings to the City Council. Two Years -Name Appointed By Appointed Term Expires ---~~ -----------~---Peter De Hoff Barry Leonard 03/05/2019 12/31/2020 Michael Firenze John Mullin 05/21/2019 12/31/2020 Bernie Guzman Caylin Frank 03/05/2019 12/31/2020 Brian Pepin Steve Vaus 03/05/2019 12/31/2020 Bob McKean Dave Grosch 01/21/2020 12/31/2020 PARKS AND RECREATION ADVISORY COMMITTEE Qualifications: Purpose: Term: Expiring terms: 3of3 The committee consists of five (5) members who must be Poway residents. The purpose of the Parks and Recreation Advisory Committee shall be to advise the City Council on the parks and recreational needs of the City of Poway. Two Years Name Appointed By Appointed Term Expires -----------------Raymond Hammel Barry Leonard 03/05/2019 12/31/2020 Patrick Johnson Steve Vaus 03/05/2019 12/31/2020 Celeste Larson Caylin Frank 03/05/2019 12/31/2020 Susan Mallett John Mullin 03/05/2019 l 12/31/2020 Gail Matson Dave Grosch 03/05/2019 12/31/2020 ATTACHMENT A December 15, 2020, Item #6DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway December 15, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services fM Andrea Thomas, Associate Civil Engineer (858) 668-4605 or athomas@poway.org CITY COUNCIL Award of Contract to Kay Construction Co. for the WTP Clearwell Distribution Flow Meters Project; Bid No. 21-008 This action will award a construction contract for the Water Treatment Plant (WTP) Clearwell Distribution Flow Meters Project. The project will improve access to an underground vault and replace a flow meter directly downstream of the Lester J. Berglund WTP Clearwell reservoir. Recommended Action: It is recommended that the City Council award the contract for the WTP Clearwell Distribution Flow Meters project to the lowest responsible and responsive bidder, Kay Construction Co., in the amount of $131,557.00. Discussion: The current flow meters are operated seasonally according to high and low demand, requiring manual reconfiguration of the water distribution system and confined space entry into an underground vault that houses meters and valves. As the flow meters are near the end of their useful life and require labor intensive maintenance, the City contracted with a consultant, Infrastructure Engineering Corporation, to upgrade the design. The City currently reads flow rates of potable water leaving the WTP using two separate flowmeters; one to read the lower flows of the winter season and one for the higher demand during the summer. The project will replace the two existing flow meters with one new meter that will eliminate the manual reconfiguration by reading the full range of user demand year round, eliminate regular maintenance, and improve access to the underground vault. The contract time for this project is 90 working days with an Engineer's Estimate of $270,000. Bids were opened on November 18, 2020. The following ten bids were received: 1 of 14 December 15, 2020, Item #6Company Total Bid Amount Kay Construction Co. $131,557.00 M-Rae Engineering, Inc. $160,000.00 Jennette Company, Inc. UCI) $167,840.00 Bunker Engineering $197,485.00 Tharsos, Inc. $212,000.00 LB Civil Construction $244,797.00 Performance Plumbing & Mechanical, Inc. $248,660.00 AToM Engineering Construction, Inc. $257,398.00 Ahrens Mechanical $267,500.00 Blue Pacific Engineering & Construction $287,800.00 On November 19, 2020, a letter of protest (Attachment B) was received from the third lowest bidder, Jennette Company, Inc. Uennette) in response to the City's determination of the lowest bidder. Jennette noted some information missing from the two lower bids and suspected them to be in violation of the Public Contracting Code for requirements related to listing subcontractors. Staff obtained additional information from the low bidder and found no violation had occurred. After further review of the bid protest by the City Attorney, the determination of the lowest bidder remains as outlined in the response letter from the City to Jennette (Attachment C). The lowest responsible bidder, Kay Construction Co., is recommended for the award of contract. Environmental Review: The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that the project involves the replacement of an existing flow meter and upgrades to an existing underground vault. Fiscal Impact: This project is funded from the Water Operations Fund. Sufficient funding in the amount of $131,557.00 is available in the WTP Clearwell Distribution Flow Meters Project account (WTR0022) for the award of this contract. Public Notification: None. Attachments: A. Contract B. Jennette Company, Inc. Letter of Protest dated November 19, 2020 C. City Response Letter dated November 24, 2020 Reviewed/ Approved By: Assistant City Manager 2 of 14 Reviewed By: Alan Fenstermacher City Attorney App roved By: Ch~e City Manager December 15, 2020, Item #6SECTION 8 CONSTRUCTION CONTRACT CITY OF POWAY WTP CLEARWELL DISTRIBUTION FLOW METERS PROJECT This Contract made and entered into this 16th day of December 2020, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Kay Construction Co. hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows: 1. The complete Contract includes all of the Contract Documents, which are 2. 3. 3 of 14 incorporated herein by this reference, and include: a. This Contract b. Contract Addenda c. Contract Change Orders d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications f. Contract Plans g. General Condition h. Special Conditions i. Standard Specification for Public Works, most current edition, The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: Demolition of the concrete top slab of an existing below-grade flow measurement vault and demolition of steel pipe and existing electrical and instrumentation in the vault. The work also includes the reconstruction of the concrete top slab with a new access hatch, new steel pipe and piping appurtenances in the vault, the addition of a new magnetic flow meter, new electrical and instrumentation facilities and other related facilities to make for a fully operational flow measurement system for the potable water from the clearwell of the Lester J. Berglund Water Treatment Plant. ATTACHMEfJT A December 15, 2020, Item #64. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council. 5. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $131,557.00, the "Contract Price." 6. 7. 8. 9. 10. 4 of 14 City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 90 Working Days after the date specified in the Notice to Proceed. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum: $500 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code § 1773.1. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. 2 December 15, 2020, Item #611. Contractor and subcontractors shall comply with Labor Code § 181 O and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and § 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code § 1813. 12. Contractor will comply with the provisions of Labor Code§ 1777 .5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13. Contractor, by executing this Contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion of 5 of 14 performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal 3 December 15, 2020, Item #66 of 14 injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same. Worker's Compensation Insurance: o Contractor has no employees and is exempt from workers' compensation requirements. o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings. e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be 4 December 15, 2020, Item #6responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor. 16. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits. e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors. 17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 7 of 14 officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this 5 December 15, 2020, Item #618. 19. 20. 21. 22. 23. 24. 25. 26. 8 of 14 Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and 6 December 15, 2020, Item #6convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 27. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 30. a. Contractor shall, without disturbing the condition, notify City, in writing, as 9 of 14 soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order. d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall 7 December 15, 2020, Item #6retain any and all rights that pertain to the resolution of disputes and protests between the parties. 31. This Contract is to be governed by the laws of the State of California. 32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank) 10 of 14 8 December 15, 2020, Item #6IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written. Contractor's Name: Print Name of Construction Company By: -------------Signature Print Name Contractor information: Address for Notices and Payments Telephone Number: Email: ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP Alan Fenstermacher, City Attorney 11 of 14 CITY OF POWAY a Municipal Corporation Chris Hazeltine, City Manager 9 December 15, 2020, Item #6JC I Jennette Company, Inc. P.O. Box 501792 San Diego, CA 92150 Lic.#1007413 November 19, 2020 Ms. Andrea Thomas City of Poway 13325 Civic Center Dr. Poway, CA 92064 Re.: WTP Clearwell Distribution Flow Meters Project Bid No. 21-008 Dear Ms. Thomas, via email Jennette Company, Inc. (JCI) is a bidder on the above referenced project. We protest an award to the two apparent low bidders as they did not satisfy the requirements of the solicitation. Neither bidder listed a subcontractor for the lead remediation. Specification section 01170, paragraph 1.5 states, "A. The steel water pipe in the flow measurement vault is coated with paint that is likely to be lead containing paint. For the purposes of the bid the Contractor shall include testing, abatement and disposal of the lead containing paint in their bid." The paragraph also states, "B. Lead containing paint shall be remediated by a subconsultant certified by the State in the abatement of lead paint." Apparent low bidder no. 1 and no.2 both failed to list a subcontract for this scope of work. Per Public Contract Code, Subletting and Subcontracting Fair Practices Act, a Prime Contractor is required to list each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid. All of the bids received by JCI for this scope of work exceeds the one-half of 1 percent threshold, so a subcontractor needs to be listed. The requirements, as listed above, clearly states that a State certification is necessary, neither apparent low bidder possess this certification, so a subcontractor would have to be used and since neither listed a subcontractor their bids are non-responsive to the solicitation and they should not be awarded the project. We request that no award be made on this project until we have ample time to review the rejection from the City, if any, and respond accordingly. We believe that our bid meets the contract requirements and we are the low responsive bidder for this project. An award of the contract to any bidder besides JCI would violate California Government Code, standards and practices applicable to competitive bidding on public works projects. llPage 12 of 14 ATTACHMENT B December 15, 2020, Item #6Please feel free to contact me if you have any question. My number is 858.583.2893. Sincerely, ~~?;;; __ _ Brian J. Jennette President 13 of 14 2 I Page December 15, 2020, Item #6STEVE V A,US, Mayor CA YLIN FRANK, Deputy Mayor DA VE GROSCH, Councilmcmber BARRY LEONARD, Councilmernber JOHN MULLIN, Coundlmember November 24, 2020 Brian J. Jennette Jennette Company, Inc. 11512 Trailbrook Lane San Diego, CA 92128 CITY OF POWAY Subject: Bid Protest of Bid #21-008 -WTP Clearwell Distribution Flow Meters Dear Mr. Jennette: The City is in receipt of your bid protest letter dated November 19, 2020. City staff, along with the City Attorney, has reviewed the letter and determined the low bid to be compliant With the Public Contracting Code section 4104 cited in your protest The low bidder has proven to the City's satisfaction that the cost for lead abatement as scoped in this project was included in the low bidder's price and does not exceed one-half of 1 % of their total bid price. In conclusion, yo-ur argument with respect to Section 4104 and the subcontractor listing requirement is not applicable. City staff will be recommending award of the contract to the lowest bidder, Kay Construction Go. Sincerely, ERVICES DEPARTMENT E City Engineer c: Bob Manis, Director of Development Services Alan Fenstermacher, City Attorney Andrea Thomas, Associate Civil Engineer City Hall Located at 13325 Civic Center Drive Mailing Address: P.~T~H'l6tE,mrway, California 92074,0789 www.poway.org December 15, 2020, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway December 15, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development ServicesM Jeff Beers, Special Projects Engineer (858) 668-4624 or jbeers@poway.org CITY COUNCIL Award of Contract to Autolift Services, Inc. for the Fleet Maintenance Equipment Lift Replacement Project; Bid No. 21-007 This action will award a construction contract for the Fleet Maintenance Equipment Lift Replacement Project. The project includes the removal of the Fleet Maintenance Facility's two in-ground hydraulic equipment lifts and replacement of the garage floor slab. The project will install one new above ground equipment lift that will be connected to the building electrical and compressed air systems and include construction of a new lift foundation. Recommended Action: It is recommended that the City Council approve an appropriation of $15,569 from the Vehicle & Equipment Maintenance (413010-31020) budget to the Capital Replacement Equipment Fund (115010-61999) and award the contract for the Fleet Maintenance Equipment Lift Replacement Project to Autolift Services, Inc., the lowest responsible and responsive bidder, in the amount of $82,335.92. Discussion: The City's Vehicle & Equipment Maintenance Division maintains and repairs the City's fleet of 139 vehicles and equipment, of which 116 are light and medium duty vehicles. The use of a vehicle equipment lift is required for everyday maintenance of City vehicles, from routine to complex repairs. The two in-ground hydraulic equipment lifts proposed for replacement with this project are used to service light and medium duty vehicles. The lifts have exceeded their useful life and are undersized for the equipment that the City currently operates, therefore replacement is needed to ensure continued operation. The two lifts will be replaced with one new above ground equipment lift that will service all light and medium duty vehicles. The contract time for this project is 60 working days with an Engineer's Estimate of $70,000. Bids were opened on November 17, 2020. The following two bids were received: 1 of 11 December 15, 2020, Item #7Company Total Bid Amount Autolift Services, Inc. $82,335.92 Pacific Lift and Equipment Company $168,888.00 Environmental Review: The placement of the fleet equipment lift is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that it pertains to maintenance of existing building facility. Fiscal Impact: Funds in the amount of $75,000 are available in the Fiscal Year 2020-21 Capital Replacement Equipment Fund (115010-6199) for the replacement of an above ground equipment maintenance lift. The total replacement costs for the equipment maintenance lift is $82,335.92. With a 1 O percent contingency for this project, the total amount required is $90,569, leaving a shortfall of $15,569. The higher replacement cost is due to the selection of a higher weight capacity lift more appropriately sized for the City's current equipment. When sufficient funds have not been set aside through the City's asset management replacement charges, the requesting department funds the difference. The Public Work's Vehicle & Equipment Maintenance Division will contribute the $15,569 shortfall to the Capital Replacement Equipment Fund. Staff requests Council approve an appropriation from 413010-31020 and transfer to Capital Replacement Equipment Fund (115010-61999) for this purchase. Sufficient funds are available in the Vehicle & Equipment Maintenance Division's Vehicle Operations budget (413010-31020) for this appropriation and transfer. Future years asset management replacement charges will be based on the new purchase price. Public Notification: None. Attachment: A. Contract Reviewed/ Approved By: Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager December 15, 2020, Item #7SECTION 8 CONSTRUCTION CONTRACT CITY OF POWAY FLEET MAINTENANCE EQUIPMENT LIFT REPLACEMENT This Contract made and entered into this 16th day of December 2020, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Autolift Services, Inc., hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows: 1. The complete Contract includes all of the Contract Documents, which are incorporated herein by this reference, and include: a) This Contract b) Contract Addenda c) Contract Change Orders d) Instructions to Bidders, Proposal Requirements and Conditions e) Contract Specifications f) Contract Plans g) General Condition h) Special Conditions i) Standard Specification for Public Works, most current edition 2. The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all. 3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: 4. 3 of 11 The Fleet Maintenance Equipment Lift Replacement project includes the demolition of two in-ground hydraulic equipment lifts and installation of a new surface mounted above-ground equipment lift. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council. ATTACHMENT A 1 December 15, 2020, Item #75. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $82,335.92, the "Contract Price." City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions. 6. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within Sixty (60) Working Days after the date specified in the Notice to Proceed. 7. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum: Five Hundred Dollars ($500) per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. 8. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. 9. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code § 1773.1. 10. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. 11. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and § 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work performed under the terms of the Contract. Failure to comply with these sections of 4 of 11 2 December 15, 2020, Item #7the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813. 12. Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13. Contractor, by executing this Contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion of 5 of 11 performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. b) Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. 3 December 15, 2020, Item #716. 6 of 11 c) Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same. Worker's Compensation Insurance: o Contractor has no employees and is exempt from workers' compensation requirements. o Contractor carries workers' compensation insurance for all employees. d) All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings. e) Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f) In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g) Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of 4 December 15, 2020, Item #7such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City. b) Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c) Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors. d) Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits. e) All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors. 17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. 18. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under 7 of 11 5 December 15, 2020, Item #719. 20. 21. 22. 23. 24. 25. 26. 8 of 11 the Contract Documents, such approval, extension, or consent must be in writing in order to be effective. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 6 December 15, 2020, Item #727. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 30. a. Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order. d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. 31. This Contract is to be governed by the laws of the State of California. 32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. 9 of 11 7 December 15, 2020, Item #7City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank) 10 of 11 8 December 15, 2020, Item #7IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written. Contractor's Name: Print Name of Construction Company By: -------------Signature Print Name Contractor information: Address for Notices and Payments Telephone Number: Email: ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP Alan Fenstermacher, City Attorney 11 of 11 CITY OF POWAY a Municipal Corporation Chris Hazeltine, City Manager 9 December 15, 2020, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway December 15, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development ServicesfM Tracy Beach, Senior Civil Engineer (858) 668-4652 CITY COUNCIL Approval of Final Parcel Map for Tentative Parcel Map 19-001; Alva A. Diaz Trust, Owner (APN 323-190-51) The Final Parcel Map for Tentative Parcel Map (TPM) 19-001 is ready for approval. This map creates two separate residential parcels from one existing parcel located at 13424 Olive Tree Lane (Attachment A) which is developed with one existing single-family residence within the Residential Single Family - 7 (RS-7) zone. Recommended Action: It is recommended that the City Council approve the Final Parcel Map for TPM 19-001 and direct its recordation. Discussion: TPM 19-001 was approved by the City Council on December 17, 2019, pursuant to Resolution P-19-17 (Attachment B). The Final Parcel Map, as shown in Attachment C, is in substantial compliance (per the Subdivision Map Act) with the approved TPM. All of the conditions of approval required prior to recordation of the parcel map have been addressed. The site currently has one single-family residence, which will remain on the new Parcel 1. Environmental Review: On December 17, 2019, it was determined by the City Council that the approval of TPM 19-001 was categorically exempt from the California Environmental Quality Act (CEQA) as a class 15 Categorical Exemption. The approval of the Final Parcel Map for TPM 19-001 is within the scope of the previous environmental assessment, therefore, no further environmental review is necessary. 1 of 10 December 15, 2020, Item #8Fiscal Impact: None. Public Notification: None. Attachments: A. Location Map B. Resolution No. P-19-17 C. Parcel Map Reviewed/ Approved By: wendyaserman Assistant City Manager 2 of 10 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager December 15, 2020, Item #8Print Date: 12/3/2020 ay t ,,, >, Project Site_ ,..j IS . .,, ...J 0 Attachment A -Location Map Approval of Final Parcel Map for Tentative Parcel Map 19-001 A.P.N. 323-190-51 11'1 ..::: ., ti V _,. t Ct , , Jt n R I} ·. u, s ., <' Map Scale: 1 inch= 660 feet Disclaimer: Ma and arcel data are believed to be accurate but accurac is not uaranteed. This is not a le al document and should not be substituted for a title search, a raisal surve or for zonin verification. 3 of 10 ATTACHMENT A December 15, 2020, Item #8RESOLUTION NO. P-19-17 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 large 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. 4 of 10 ATTACHMENT B December 15, 2020, Item #8Resolution No. P-19-17 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. 5 of 10 December 15, 2020, Item #8Resolution No. P-19-17 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: 6 of 10 (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 th~ 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 sewe·r 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. December 15, 2020, Item #8(Planning) Resolution No. P-19-17 Page 4 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: 7 of 10 (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 tirl)e of permit issuance. · December 15, 2020, Item #8(Planning) Resolution No. P-19-17 · Page 5 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: ATTEST: MULLIN, LEONARD, FRANK, GROSCH, VAUS NONE NONE NONE Steve Vaus, Mayor Faviola Medi~a, CMC, City Clerk 8 of 10 December 15, 2020, Item #8(0 ~ I OWNER'S STATEMENT _,I, I I H[R[BY STATE: THAT I ,t},,I i}-1[ OitW[R OF, OR Al/ /NTfRCSTro IN TH[ LAND Q SUBDIVID[D BY T><IS MAP, ANO THAT I CONStNT TO THf PREPARATION ANO R£CORO.-. T/(j/1/ OF l'hlS i.lAP )> -I -I )> (") :I: s: m z -I (") Tff CF me AL VA ALlCIA {)/Al 2012 TP.VSi OA 'tJl IIA!ICH rs. ?012 8Y:¥f?fbl~< rm.r: , l"'9[ ,c: OATf -,~cc-:=t BENEFICIARY 1,10RTGAG£ [L[CTi?ONtC R£CJSTRAT.0.V SYST(MS. INC. E!f:Nf.FfCll<RY AS NCU'Nff F'OR ONY GLO. INC., OBA LOANLDCK, ITS SUCCfSSORS AND ASSIGNS, UNOfq A 0££0 Of' Tl?IJST RECOROrD .AJ,-.E Ol, 2018, AS INS'RUME"'T NO 2018-0221967, OFTtCJAt RECORDS Of SAN DIEGO COUNT". 8t: PRil'IT HAJJ[ ---'-~ lln.[: v,c.c. '""-'•"~ m1.£: D.Alf: ,,L,.•t .l0.:1..0 0A1f: SIGNATURE OMISSION TH£ SIG"l.1, TUR[S OF rrlC PA-?11£S LtSTfD a[LOH. 01\1'/f'?S or-CAS[M[NTS PCR DOCUIIF:NTS usrrn 5£LOW HA\/£ Bff" OI.IITTE:D LJ/\D[R TH£ PROv!St0/11S Of" SE:CTION 664J6, SU8SCCT10'1 (a), (J), (A). (i) Of' THE: SUl!Dl'ASICN MAP ACT ll1[1'? IVTFRCSI IS SUCH 1)-1.l,T IT C.ANNOT f/lP[N tN10 A Ff£ nYI.£ AND SAID SlGNA TURfS Al?f NOT RCCUi'<f:D 8Y THC 0011".Rl'lt,'V'J BDOY, CHARLCS M. STtllrNS ANO Z0A A. STtV!:NS. HOI.OCRS OF AN CASl:f.1£NT FOR R0/.0 PIJRPOSCS PCR 0ffD RCCOl?O:D SCPTCMBCR IJ. 1946 IN BOOK Z2Z4, PACI: 446 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY. POWAY 411/NJC/PAL WAT!R DISTRICT, H(}(.0£R OF AN CASC/-ICNT FOR PIPE LINCS R£COR0£0 OCTOBER 15, 1959 tV 800,, 79Jl PACE.' 410 or OFnCIAJ. R£COR0S OF SAN DICCO COUNTY ~II 0/CGO GAS A/10 CU:CTRfC COA/1>,1,NY, H0t.0£R OF AN E:ASDIC/VT FOR Pi.lBUC U7//.IT1£S R€COROE0 AUGUST IZ, 1950 AS INS'PtJMENT NO. 16J68Z, OFFICIAi.. RECOROS OF SAN OIEGO CO<INTY. SAN Dl€CO GAS ANO €1.CCTT?fC COI.PANY. H0/..0£R OF AN £AS£UCNT FOR Pc/BUC ununcs RECOROCO FCBRI/ARY 9, 1962 AS INSTRUMENT NO. 2-'041. OF OFFICIAL R£:COP0S OF SAN DICCO COUNTY. HOAICR o. HI)( ANO CCCIL ons HIX, HOI.0CRS OF AN CASl:IICNT FOR ROA0 ANO PV8l/C unuTIES RECOR0CO IIARC/-1 J, 1965 AS INSTRU41£NT NO J7Jl8, Of' omcw. RECORDS OF SAN 0IECO COIJNTY. CRNCST c. A/158£()( ANO AJAR.JORIE F. !.IISBffl<, HOt0CRS OF AN EAS..r:'MCNT FOR ROA0 ANO PUBLIC 11111..mcs RECOROC0 Al/Cl/ST 10. 1972 AS INSTRUMCNT NO Z104JI, OF OFFICIAL RECOR0S OF SAN ()!£CO COUNTY. CITY CLERK'S CERTIFICATE t, F'AVIO!.A 1,1ro.NA, CITY Q.f:RK OF THC C'TY OF POWAY, ST.Alt OF C!,UF0RMA, HEREBY Cf:RT1FY T'IAT TH£ CITY COUNCIL OF SAID ClrY HAS .Al>PflOV£D !HIS PA.RCO. \/AP ON _________ 2020. BY_· ___________ _ DAIF F48,0/..,l 11£0'NA. CJ,IC C,Tv CLERK, OTY OF POWAY CITY OF POWAY PARCEL MAP 19-001 B[ING A SUBDtVISION OF THE EASTERLY 1.30.00 FEET OF THE NEST HALF OF THE SOIJTHEAST OUART[R OF T}J[ NORrrtN[ST QUART[R OF SECnON 18, TOV,"vSH,P 14 SOUTH, R>.NGE 1 \;£ST, S.8.\1. IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE CF CALIFORNIA NOTARY ACKNOWLEDGMENT IC OR 0THCR OFFICER C0i,1PLCTINC THIS CCR THE /NOMDll4L W>fO SICNE0 TH£ OCC/IJICNT TO NOT ntC TRt/T'HFUlNESS. ACCI.IRACY, OP VAL STAT, OF CALIFORNIA COUNTY OF (d", .Q•.-~ ~~p~~~"~r:,.:.~~~-=----NOTAR:_. WHO PROVED TO AIE ON TH£ 84S/S OF SATISFACTORY ~;'/[)(NC£ TO BE THE: PEPSO/./(S} WHOSC MM£(S} IS/ARE SUBSC/?19£0 TO TH£: WITHIN INSTT?WENT ANO ACKNOrtt£0C£0 TO MF: THAT H£/SHC/TH£Y ExtCU7@ TH£ SA.II(' IN HIS/HCP/THEIR .AUTHORIZED CAPAC,TY(lfS}. ANO T'HA.T BY HIS/HER/THEIR SiCNATUR£(S) Of/ THE: INSTRIJMtNT l'HC P£RSOl'l(S), OR THE: ENTITY UPON BCHAJ.F OF WHiCH Tl'£ PCRSON(S) ACT£0. O£:CUTCD THE INSTRtAICNT. I CERnFY IJNOE:R PENALTY OF PERJ!lf?r IJNOCR TH£ IAWS OF Tl-!£ STAT£ O, CAJ.IFORNIA T11AT TH£ FOR£COING PARAGRAPH IS TRUC ANO C0RRCCT. WITNESS MY HANO. ~:~t.r±::~--~~'-"'j COM!.ltSSION NO: ---~~~r..1...n ___ _ COMMISSION £XP'/?£S: ~~.....z..a.:!-~----PR1NCIPAJ.. COUNTY OF 8/JSINESS ..u.::..~'"'-.~---- NOTARY ACKNOWLEDGMENT A NOTARY PIJBUC OR OTHCR OFF/CCR C041Pt£TINC THIS CERTIFICATE V£RIncs OJ,,'LY TH( IOCNllTY OF T1fC INOf''10UAL WHO SICNCO THC OOCIJIIENT TO WH'CH THIS CEP.TIF/CATf IS ATTACH€0. ANO HOT TH£ T1?IJTHlll!.Nf:SS, ACCURACY. OR VAL.10/TY OF THAT DOCWlf:NT. ~~u'!~r:~~~-\l£NI"nA.----- ON --~-2B.: .. :Z.U,.Q_ BCFCRE u, . ...L\.S-.k ..... .1l.abct.Y.11~fil-_NOTARY PUBLIC. PCl?SONALLY APPCARE0 ....PA.~.IU..E£'L.R.._ _________ , WHO PPOW TO Al£ ON Th£ SASIS OF SATISF,1,cron £:VIOCNCE TO BE THC Pt:P.SOf/(8) ~;~::: fffgf::t<fH£ '°S::f wrn:;;~~JfoNO~~- AA0 THAT er HIS/HB?/TllU' SICNATll~!&f oN THC JNSTRIIIIE:NT TH£ P£RSONteJ, OR The ENTITY IJPQ;J BEHALF or lfHICH TH£ Pf:RSON{8j ACT[0, EXECUTC0 THC INSTRUM[NT. I CERTIFY UN0CR PENALTY OF PERJURY IJNOER THC lAW.S-OF THE STATc OF CAJ.JFORNIA nfAT THE FORCCO.'NC p,1,RACPAPH IS TRI/£ AND CORRECT TNESS MY HANO.{) SICNATURC LA~----1%;'::.US~ ~~~3~~!_utni:<. ~?;:_-:}!,,5.:i_~g::r,cs;,~'f,"Msf.~j-!!£~..U>l~_t,.+- CLERK OF THE BOARD OF SUPERVISORS CERTIFICATE I, AN0!?£W POTTfR, Ct[il,< OF Th£ BOARD Of SUPffl',!SORS, HCRCBY Cf.RnFY rfMT THC P'IOVISIO(vS OF TH[ SUeO,!,!SrON JJAP ACT (DMStCW 2 TITI.£ 7 OF' Tri£ GO\-£RNAl[I/T COOCJ R[Glt'?OltlG (It) DCFCSITS FOR TAX£S, AND (B) Cc."1/rtF1CATl()I,/ Of' TH[ ABSENCE OF LICHS F'OR UNOJ,'() STA 1£, COUt.TY, MU,/1:)PAL OR LOC,'L TAITT Of/ SP£CJAL ,'SSF:SSllPITS COI.LEC'TD AS TAXES [XCfP' THOSE: NOT "fT PAYABLE. HA~ COA,/Pl.1(0 111TH ANOflf.W POTTE:R, Ct[RK OF TH[BO,'RD OF SVP[R\/ISOPS BY: ____________ _ OE"UTY DATE: ______ _ PARCEL MAP NO. ___ _ SHEET 1 OF 2 SHEETS SURVEYOR'S STATEMENT ~S MAP WAS PR[PARf:D BY M[ OR UW£R UY D•RCCT,OH J4.ND IS B,tSfO UPOH A F1£1.0 SURV[Y 11/ CON<"Ofl\/!,'vCf: ~TH THC R(OtJ!R[M[NTS or-r ... c SU8(;1"1SJON MAP ACT AND LOCAL ORDiNANCC ,t T TH[ RE:OUEST Of AL VA AL/C•lt DIAZ ON F'EBRUARY 4, 2020, AND I CERTIFY f1.l,l,T SAID SURV[Y tS TRUE AND COMPLE:TE AS SHOWN, ANO THC MONV\l[NTS AR[ Of THr CHARACTfR INDtCATE:D A'IO OCCUPY TH[ POSITIO"'S SHOloN THEREO'>:. ,tll. SUCH MONUM[NTS ARE oq ll!Ll 8( SUffiCl[NT TO f'J48L£ Tr'f SoRl'E'f TO Bt: R£TRAC£0 I Hf:RE:B'I STA J'( TM T THIS P.ARCE:L MA"' SU9S1ANT1ALL Y CONFORMS TO TH[ APPROV£C OR CONOIT10NAU Y .AP<>R0\/£0 Tf:t,1TA Tl\!( M,tP, 1r A'IY e·t;-,, -...... -ur:: < e111tti":z0 CITY ENGINEER'S STATEMENT I, MELOO'I ROCCO. CITY f.NGJNE:ER OF' TH£ CITY OF POWAY, STAI£ OF C.AUF'ORNtA, STATl: THAr I HAVE' f:)(,t/JlN!:D 1WS MAP, CONSISll'YG Of 2 SHffTS. JH,i; THE SUBOl"'SION .AS SHOMI tS SUBSTANTl,lLL 'I l'ljE SA\lf AS IT .APPf.ARS ON lh[ TE:NTATl,f >J.4P, ANO A'IY APPROVED AllcPATIONS f'1£Rf0f', Trl,tT All FROVl5'0NS OF TH[ SUeO/'IIS/01/ IAAP ACT AND ANY LOCAL ORO/N,tNCf:S APPLICAEI..£ ,tT rrl[ OF THE TIVC OF APPRO'IAL or rHC TfNTATIVf UAP, H,'V[ 8££N C o.!PUW 'M T><. J2J..:diou, OAT[ CITY SURVEYOR'S STATEMENT I HCRf:B'r' STA It THAT I HA VE [XAIAIN,D rn,s JAAP A1'0 I AM SA TTShED THAT THIS MAP IS T[CHI/ICALL Y C~CT. ft 5/%.DZ.O DA' 4ffi~. RECORDER'S CERTIFICATE FIL£ 1-10 ______ _ I. [Rl'IEST J. DRO•ffNBURG, JR., COUl'/rt R£CORD£R OF THC COIJNrt Of SA,N Do[GO, STAJ't OF' CAl£0RNIA, H(Pf:BY CCRTiFY TH.HI 11,1,£ !,CC[PTF:D (OR R[COPOATION THIS PARCEL UAP nLE:D AT 11-1£ Rcoursr OF MA TT>,[W CHRISTI.,.N £HE THIS ------DAY OF ________ ,zozo AT----O'CLDC,<, ---- lRNfS r ., ORON!NBURG. JR COUNTY Rff,CRDf:R BY: ___________ _ Df:PUrt COUNTY RE:COROP? FIT s_ __ AP 1-1. JZJ-190-51 T.P.M. 19-001 December 15, 2020, Item #8CITY OF POWAY PARCEL MAP 19-001 BEING A SLJBDIVISJON OF Tr-iE EASTERLY IJ0.00 FEET OF ~[ wrsr HALF OF THE SOUTHEAST OUARTER OF THE N()qTHYl[ST OUAFlTER OF SECTION 18, TO,VNSHjP 14 SOUTH. RAr-iGE 1 ~sr. S8.M. IN THE CJTY OF PONAY. CO<JNTY OF SAN DIEGO, srnr OF CALIFOl?N'A. 4 41 ~ o· 10· 20· SCALE: 1" = 20' -..... " ~ ~ RJ l" JP, /KE 12W /191141'/KJ.& ;... 0 i. .f llSJJ75(J RS 15750 N88'46'10-W lJ0.65' (130 65') 110.65' PARCEL 1 EAST 130' OF W 1/2, SE 1/4, NW 1/4 SEC. 18, T14S, RlW. S.8.M. qr-f 11058' ~ ·~ ------------------. :;:~ ~ N89'19'Jg•w 130.513' 40 UAP NO. 870 ~~ -----------§: ------------z ~ 1: 39 f ' 11-~~ I A 8 ~ V PARCEL 2 20 110.54' '189"19'J9"W 130 54' PlN. N-N 1/4 SEC 18 T14S, Rl\'/, S.8.M. Nl!9'18'0i'W lJ0.06' (N8!r◄9'18"W 13O.0E,\ 8 g -~ ~ ~ t3 ~ _;;.;,:; :'.5 ~E' !~! 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BflNG N001l'Jo·r LEGEND I e 0£1,0TfS fOU"IO MONUMf,\/T AS NOTf.D 2. 0 DPIOTfS SET 5/B" ;?£8.aR 11'/l.S 9410 Pt.-Asnc PLUG J. 0 C£NOT£S S'T SPIK( AND HASHER lS 9'10 4 ( )-0£NOTE:S R£COflO DATA PER MAP NO. 8~ 5. { }-Dt'"NOTF:S RE:CO'?O l).A TA PfR RS 15750. 6. --OE:VOl!S PAPC[l MAf> BOI.JHOA!~Y 7. --OCNCTtS !ASEMENT LIN[ ll. < >-DCNOTE:S RiCORD OJ.TA P£R DOC. /'2018-0221965 OR. VICINITY MAP ,,...., NO SCA!.£ AP.N. JZJ-190-51 T.P lol. 19-001 December 15, 2020, Item #9DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway December 15, 2020 Honorable Mayor and Members of the City Council Vaida Pavolas, City Clerk (858) 668-4535 or vpavolas@poway.org CITY COUNCIL Second Reading and Adoption of Ordinance No. 846 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 10.42 (Truck Routes and Maximum Gross Weight Limits) 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 1, 2020. There were no 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, GROSCH, VAUS NONE NONE FRANK NONE It is recommended that the City Council adopt Ordinance No. 846. Environmental Review: This item is not a "Project" pursuant to the California Environmental Quality Act ("CEQA") and is therefore not subject to CEQA review. Fiscal Impact: None. Public Notification: A summary notice was published in the Poway News Chieftain on Thursday, December 10, 2020. A second summary notice will be published in the same publication on Thursday, December 24, 2020. 1 of 4 December 15, 2020, Item #9A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933. Attachments: A. Ordinance No. 846 Reviewed/ Approved By: Assistant City Manager 2of4 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager December 15, 2020, Item #9ORDINANCE NO. 846 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTER 10.42 (TRUCK ROUTES AND MAXIMUM GROSS WEIGHT LIMITS) OF THE POWAY MUNICIPAL CODE WHEREAS, Chapter 10.42.010 of the PMC sets forth prohibited acts and excepted routes for trucks exceeding 20,000 pounds gross vehicle weight; WHEREAS, Danielson Street from Scripps Poway Parkway to Kirkham Court was renamed to Gateway Place per Resolution P-01-34; WHEREAS, Gateway Place from Scripps Poway Parkway to Kirkham Court was renamed to General Atomics Way per Resolution P-09-33; WHEREAS, Danielson Street from Community Road to Kirkham Way is listed as an excepted route; WHEREAS, Kirkham Way from Kirkham Court to Danielson Street is listed as an excepted route; and WHEREAS, development has occurred on Kirkham Way, east of General Atomics Way necessitating the allowance of trucks exceeding 20,000 pounds gross vehicle weight. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: The City Council hereby approves this Ordinance and amends Chapter 10.42 of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 3: Section 10.42.010 of Chapter 10.42 (Truck Routes and Maximum Gross Weight Limits) is hereby amended as follows: G. Danielson Street from Community Road to Kirkham 'l't/-ay Scripps Poway Parkway; H. Kirkham Way from Kirkham Court to Danielson Street east end, east of General Atomics Way; L. General Atomics Way from Scripps Poway Parkway to Kirkham Way. SECTION 4: 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 3 of4 ATTACHMENT A December 15, 2020, Item #9copy 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 1st day of December 2020, and thereafter. PASSED AND ADOPTED at a Regular Meeting of said City Council held the 15th day of December, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 4of4 December 15, 2020, Item #10DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway December 15, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services M Austin Silva, Senior Planner ~~ 858-668-4658 or asilva@poway.org CITY COUNCIL Variance 20-003; a request to allow four additional wall signs and three additional monument signs at 14400 and 14500 Kirkham Way The applicant is requesting a Variance to allow four additional wall signs and three additional monument signs at Vantage Point, formerly known as Parkway Summit. The site is occupied by an Amazon distribution center and is located at 14400 and 14500 Kirkham Way within the South Poway Specific Plan (SPSP) area. The required findings to support the Variance can be made based on unique circumstances applicable to the property. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: The applicant is Steve Atterberry, on behalf of Ryan Companies, and the property owner is RREEF CPIF Kirkham Way JV, LLC, represented by Ryan Companies. The Vantage Point development is located at 14400 Kirkham Way (Building A) and 14500 Kirkham Way (Building 8) north of Kirkham Way, east of General Atomics Way, and south of Scripps Poway Parkway in the SPSP area with a Light Industrial (LI) land use designation (Attachment 8). The site is 38.8 acres and is the second largest site in the SPSP area. The site has three street frontages along Scripps Poway Parkway, General Atomics Way, and Kirkham Way. The site is considered both a through lot (streets along two frontages on opposite ends) and a corner lot because it has three frontages. The site is 40 to 50 feet higher than the adjacent street grade levels. Three driveways access the site: one on General Atomics Way and two on Kirkham Way. In October 2018, a Development Review (DR18-004) was approved allowing for the construction of two warehouse/distribution buildings totaling approximately 533,950 square feet (sf). Building A is 1,294 feet long and Building B is 926 feet long. The two buildings were recently completed, and Amazon will occupy both buildings as a "last mile" distribution center. Signage was approved and installed consistent with the requirements set forth in the SPSP. This includes four wall signs and two 1 of 26 December 15, 2020, Item #10freestanding signs (Attachment C). The property owner has applied for a Variance to allow for signage in addition to the permissible signage allowed by the SPSP. This includes four additional wall signs and three additional monument signs as shown on the Sign Location Plan (Attachment D). The SPSP has separate sign standards for single-tenant or single-parcel businesses. One wall sign per street frontage and/or main parking lot, not to exceed two per business is allowed per building. Also, up to four percent of the building face, not to exceed 150 sf per face is permitted to include signage. This allows four 150 sf wall signs as was permitted. Conversely, a multi-tenant business is allowed up to one per street or parking area frontage, not to exceed two signs per tenant and up to four percent of the building face for each tenant, not to exceed one hundred (100) sf per tenant face. The site could conservatively have 25 tenants with approximately 20,000 sf per tenant space. In this scenario, there would be 5,000 sf of wall signage when only 600 sf per building is permitted for a single tenant. One freestanding sign is permitted per street frontage, not to exceed two for a single tenant. For a multi-tenant, one freestanding business directory per street frontage or parking area, not to exceed two per building, plus one 40 sf freestanding sign for the development is permissible. Because the site and buildings are large, fronts on three streets with three driveway entrances, and is 40 to 50 feet higher than the adjacent street grade levels, the existing wall and freestanding signs are not readily visible from adjacent streets. Therefore additional wall and freestanding signs are warranted. Limiting the site to two freestanding signs when there are two street corners and three driveway entrances would provide an unnecessary hardship on the site for signage and it would be difficult for drivers and pedestrians to understand the site's location and function. The applicant is requesting two additional wall signs to be located on both buildings, for a total of four additional wall signs. Two wall signs would be located at the northeast corner of Building A; one facing north and the other facing east. The other two wall signs would be located at the southeast corner of Building B; one facing south and the other facing east. All wall signs are non-illuminated and would be consistent with the standards set forth in the SPSP (Attachment E). The freestanding signs for the site are proposed to be located at the two street corners and at each of the three driveway entrances. The request for three additional freestanding signs consists of signs identifying the Vantage Point development at the northwest corner of Scripps Poway Parkway and General Atomics Way and at the southwest corner of General Atomics Way and Kirkham Way. Also included with this request is an Amazon Delivery sign at the driveway entrance to the development at the terminus of Kirkham Way. The three requested freestanding signs would be externally illuminated and are not larger than the maximum of 40 sf and six feet tall as specified in the SPSP (Attachment F). Table A on the following page shows the area of the permitted and proposed signs and percentage of building face coverage each wall sign has or would have. Table B on the following page shows the area and heights of the permitted and proposed freestanding signs. 2 of 26 December 15, 2020, Item #10Table A Wall Sign Identifier Per Site Plan Sign Area Percentage of Building Face Approved Wall Signs Wall Sign 1 (Building A west facing) 150 square feet 1.3% (less than 4%) Wall Sign 2 (Building A north facing) 150 square feet 0.3% (less than 4%) Wall Sign 3 (Building B west facing) 150 square feet 1.8% (less than 4%) Wall Sign 4 (Building B south facing) 150 square feet 0.4% (less than 4%) Proposed Wall Signs Wall Sign 5 (Building A north facing) 150 square feet 0.3% (less than 4%) Wall Sign 6 (Building A east facing) 150 square feet 1.3% (less than 4%) Wall Sign 7 (Building B east facing) 150 square feet 1.8% (less than 4%) Wall Sign 8 (Building B south facing) 150 square feet 0.4% (less than 4%) Table B Freestanding Sign # Per Site Plan Sign Area Sign Height Approved Freestanding Signs Freestanding Sign 1 (General Atomics Way) 39.8 square feet 4'3½" Freestanding Sign 2 (Kirkham Way) 39.8 square feet 4'3½" Proposed Freestanding Signs Freestanding Sign 3 (Scripps Poway 39.8 square feet 4'3½" Pkwy/General Atomics Way) Freestanding Sign 4 (General Atomics 39.8 square feet 4'3½" Way/Scripps Poway Pkwy) Freestanding Sign 5 (Kirkham Way 39.8 square feet 4'3½" terminus) Chapter 17.40.070 of the Poway Municipal Code (PMC) contains a provision whereby the City Council can allow a Variance from the terms of the Zoning Code because of special circumstances applicable to the property, which makes the strict application of the Code burdensome and restricts property rights that are enjoyed by others in the surrounding neighborhood. Variances may be granted only for sign location and other similar performance standards, except area and height, when the City Council determines that the granting of such a variance will not be contrary to the title and purpose of Chapter 17.40 of the PMC, and that other required findings for granting a variance can be made. Chapter 17.50.080 includes additional findings pertaining to a Variance for signage that must be made relating to aesthetics and public safety. A Variance approval is required to allow additional signage. The required findings can be made to support the Variance based on the fact that the following unique circumstances exist on the property, which make the strict application of the Zoning Code burdensome: 3 of 26 The site is exceptionally large at 38.8 acres. The buildings are exceptionally large for a single tenant at 533,950 sf. Building A is 1,294 feet long and Building B is 926 feet long. Single tenants, in comparison to multi-tenants, are not permitted to have equitable signage for large sites and building areas. The site is a through lot and a corner lot and has three street frontages and three driveways. The site pad is 40 to 50 feet higher than the adjacent street grade levels, and wall signs are not readily visible from adjacent street. December 15, 2020, Item #10Other large sites with a single tenant have been granted similar variances. In February 1999, Geico received approval from the City Council to add a third wall sign that was deemed appropriate given the size (240,460 sf) and location of the building. Staff supports the request to allow four additional wall signs and three additional freestanding signs. The required findings to grant the Variance can be found in the attached Resolution. Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as Classes 1 and 3 Categorical Exemptions, Sections 15301 (Existing Facilities) and 15303 (New Construction of Small Structures) of the CEQA Guidelines, in that the project involves wall signage on an existing building and the construction of freestanding signs. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway New Chieftain on December 3, 2020. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Permitted Sign Plans D. Site Plan E. Wall Sign Details F. Freestanding Sign Details Reviewed/ Approved By: Assistant City Manager 4 of 26 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch is · e City Manager December 15, 2020, Item #10RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING VARIANCE 20-003 TO ALLOW FOR ADDITIONAL SIGNAGE; ASSESSOR'S PARCEL NUMBER 323-091-09 WHEREAS, Variance (VAR) 20-003, submitted by Stephen Atterberry, applicant, and RREEF CPIF Kirkham Way JV, LLC, property owner requests approval to allow four additional wall signs and three additional freestanding signs at a warehouse and distribution development at Vantage Point, formerly known as Parkway Summit, containing two buildings located at 14400 and 14500 Kirkham Way within the South Poway Specific Plan (SPSP) area with a Light Industrial (LI) land use designation; WHEREAS, on December 15, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the City Council has read and considered the agenda report for the proposed Variance request and has considered other evidence presented at the public hearing; WHEREAS, the site plan and sign details for this Variance request included in the agenda report are incorporated herein as Exhibit A; and WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting a Variance. 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 Classes 1 and 3 Categorical Exemptions, Sections 15301 (Existing Facilities) and 15303 (New Construction of Small Structures) of the CEQA Guidelines, in that the project involves an wall signage on an existing building and freestanding signs. SECTION 2: The findings, in accordance with Section 17.50.050 of the PMC, to approve VAR 20-003, are made as follows: A. That there are special circumstances applicable to the property and because of this the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification. The 38.8-acre site contains two buildings that are 533,950 square feet combined. These are exceptionally large buildings for a single-tenant occupancy. Buildings at this size are typically divided into multiple suites with multiple occupants which would allow more signage pursuant to the SPSP. Additionally, the length of Building A (1,294 square feet) and Building B (926 feet) and the elevation at which they are built at above the streets that they are fronting upon do not allow for adequate visibility of the existing wall signs from street level that is inconsistent with other properties within the SPSP area that have visible wall signs from street level. B. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and zone, and denied 5 of 26 ATTACHMENT A December 15, 2020, Item #10Resolution No. 20-Page 2 to the property for which the Variance is sought, in that the two buildings are exceptionally large for a single-tenant occupancy at 533,950 square feet combined. Buildings at this size are typically divided into multiple suites with more than one occupant which would allow more signage pursuant to the SPSP. The length of the buildings and the elevation at which they are built 40 to 50 feet above the elevation of adjacent streets that they are fronting upon do not allow for adequate visibility of the existing signs. Furthermore, another property in the vicinity received approval on in 1999 to have an additional wall sign because of the size and location of the building which is significantly smaller than the Vantage Point development and is at a more visible elevation from the surrounding streets. Furthermore, the site is a through lot and a corner lot with three street frontages and three driveways providing more frontages and entrances than is typical for development sites within the SPSP. C. Granting the Variance would not be materially detrimental to the public health, safety or welfare of the community in that the proposed signs would conform to the size requirements set forth in the SPSP and the wall signs would not be illuminated and seen from neighboring residential communities at night. D. Granting the Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that the signage is in scale with each of the two warehouse and distribution buildings and is proportionally smaller in scale than other developments in the vicinity and land use designation. E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the zoning development regulations governing the property in that no proposed changes in uses are proposed with this Variance request, only a request for additional signage at a proportion similar to or smaller than other developments in the vicinity and land use designation. F. Granting the Variance will be compatible with the City of Poway General Plan because allowing the additional signage will meet the size requirements set forth in the SPSP and signage will be compatible, or smaller in proportion, with other developments with the same General Plan designation. SECTION 3: The additional findings for signage Variances, in accordance with Section 17.50.080 of the PMC, to approve VAR 20-003, are made as follows: A. That the granting of the variance will not detract from the attractiveness or orderliness of the City's appearance or the surrounding neighborhood in that the signs are made with quality materials, non-illuminated, and are less than proportionate in size of the two warehouse and distribution buildings. B. That the granting of the variance will not create a hazard to public safety in that the proposed wall signs are non-illuminated and are located approximately 80 feet above the elevation of the surrounding streets and the freestanding wall signs are located outside of the sight-distance triangle maintaining visibility for motorists, bicyclists, and pedestrians. SECTION 4: The City Council hereby approves VAR 20-003 as shown on the site plan and sign details incorporated herein by reference and stamped as "Exhibit A" and dated December 15, 2020 on file in the Development Services Department, except as noted herein, subject to the following conditions: 6 of 26 December 15, 2020, Item #10Resolution No. 20-Page 3 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 Variance shall apply only to the subject project and shall not waive compliance with all other sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance. C. Within 30 days of the date of this approval the applicant shall submit in writing that all conditions of approval have been read and understood. D. The conditions of VAR 20-003 shall remain in effect for the life of the subject structures and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. VAR 20-003 approves the allowance of four additional wall signs and three additional freestanding signs in substantial conformance with the approved plans on file in the Development Services Department provided that no wall signs on-site (existing or proposed) shall be illuminated either through internal or external light sources. F. A planning sign permit and building permit are required to be approved prior to installation of signs. The signs shall be developed in substantial conformance with the approved plans on file in the Development Services Department and the conditions contained herein to the satisfaction of the Development Services Director. A final inspection from the appropriate City departments will be required. SECTION 5: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. 7 of 26 December 15, 2020, Item #10Resolution No. 20-Page 4 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of December, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 8 of 26 December 15, 2020, Item #100S-1DU 9 of 26 OS SL:Jbject Properties 14400 Kirkham Way & 145.00 Kirkham Way City of Poway Zoning/ Location Map Item: VAR20-003 ~ 0 125250 500 NORTH ATTACHMENT B C ,, .... -1 _. I I I I I I I I I OS-1DU December 15, 2020, Item #10...I, 0 0 -4' N O') V/\NT/\GE )> -i -i )> (") ::I: (") xterior Signage Non-Illum inated Exterior Signage 14400 -14500 Kirkham Way Poway, CA 92064 PAGE 1: SITE PLAN PAGE 2: MONUMENT SIGN DETAILS PAGE 3: MONUMENT SIGN DETAILS (CONT.) PAGE 4: MOUNTING & FOOTING DETAILS PAGE 5: TENANT BUILDING ID SIGN DETAILS PAGE 6: TENANT BUILDING ID ELEVATION DETAILS PAGE 7: TENANT BUILDING ID ELEVATION DETAILS (CONT.) PAGE 8: TENANT BUILDING ID ELEVATION DETAILS (CONT.) p I NT ::@ Charlaine Architectural Signage~ 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 I www.charlaine.com I Lie.# 750868 December 15, 2020, Item #10-Ji. 91GN LOCATION PLAN .... IKIOPERIY ADDRESS· ~400 -14500 KIRKHAM WY. POWAY, CA 92064 LEGAL DESCRIPTION I PROPERTY BOUNDARY DESCRIPTION· PARCEL 2 OF CITY OF POWAY TPM 06-04, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP NO. 20153, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 25, 2013 PROPERTY OWNER· RREEF CPIF KIRKHAM WAY JV LLC ASSESSORS NllMBER IP· 323-091-09-00 SCOPE OF WORK· INSTALL TWO 39.8 S.F. NON-ILLUMINATED MONUMENT SIGNS INSTALL FOUR 150 S.F. NON-ILLUMINATED TENANT ID SIGNS 'ILlCl.t'filY_MAE;_ Q 9 * 14400 -14500 KIRKHAM WY. A.P.N #323-091-09-00 "~ 1 1 M-TEN I Tenant Monument ID KEY IIml!!I Tenant Building ID N.T.S. ~Charlaine Architectural Signage· 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 I www.charlaine.com I Lie.# 750868 Vantage Point -Exterior Signs 14400 -14500 Kirkham Wy. Poway, CA 92064 Scale: 1 " = 200' Date: 7-21-2020 APN: 323-091-09-00 _,:~\\ ) N Scale: 1" ; 200' Page 1 of 8 December 15, 2020, Item #10MONUMENT SIGN DETAILS N 0 -ft N en TOP NON-ILLUMINATED 1-SIDED MONUMENT SIGN FRONT --------------11'-4"--------------l. -------------10'-4"---------------l 4'-3l1-1/2" I . . SIGN TYPE: M-TEN SPECIFICATIONS: [m ~[g zon ....., .;, delivery Vans ~nly All Trucks MONUMENT AREA (INCL. FOOTING)= 39.8 SF FOOTING RISE GRADE 'A': 12" FABRICATED ALUMINUM STRUCTURAL CABINET, FACE/SIDES WRAPPED WITH BELBIEN EW-1201 REGAL OAK, REAR OF CABINET PAINTED DE6112 CEDAR CHEST. 'B': 6" FABRICATED ALUMINUM FRONT CABINET WITH PAINTED MATTHEWS BRUSHED ALUMINUM FINISH. 'C': 1" ALUMINUM DIMENSIONAL LETTERS, PAINTED TO MATCH AMAZON STANDARDS. 'D': 1/2" ALUMINUM DIMENSIONAL LETTERS, PAINTED TO MATCH SW 7602 INDIGO BATIK AND BLACK. 'E': METALLIC SILVER VINYL ADDRESS NUMBERS ~Charlaine Architectural Signage· 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 I www.charlaine.com I Lie.# 750868 Vantage Point -Exterior Signs 14400 -14500 Kirkham Wy. Poway, CA 92064 SIDE 6" l 1'-0" ······Hf ~~2" 1------ 3'-6" LETTER MOUNTING DETAILS SIDE VIEW 1" 1- Scale: 1 :20 Date: 7-21-2020 APN : 323-091-09-00 ALUMINUM CABINET VHB TAPE & 100% SILICONE VHB TAPE & 100% SILICONE SCALE: 1" = 1' Page 2 of 8 December 15, 2020, Item #10W)NUMENT SIGN DETAILS {Cont.} 0 ..... "-) a, ~ Charlaine Architectural Signage· 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 I www.charlaine.com I Lie.# 750868 amazon '1 ;,delivery M-TEN.1 amazon '1 ;, delivery M-TEN.2 Vantage Point -Exterior Signs 14400 -14500 Kirkham Wy. Poway, CA 92064 Vans Only All Trucks Scale: 1 :20 Date: 7-21-2020 APN: 323-091-09-00 Page 3 of 8 December 15, 2020, Item #10~UNTING & FOOTING DETAILS 0 .... N a, TOP VIEW 1-i:: ~=t Saddle Moootiog Soppo,ts L w/Bolt attachment to pole BACK VIEW r 3'-0" rl~--------- 1 2'-0" ,l ... ,,·,,.----.:.._________ I <'.') -~,' 1'-6"-···.J ~Charlaine Architectural Signage· 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 1 www.charlaine.com I Lie.# 750868 12'-0" Vantage Point -Exterior Signs 14400 -14500 Kirkham Wy. Poway, CA 92064 } ··-· 1'-6"-·-·-} 1" FOOTING RISE ABOVE GRADE GRADE SIDE VIEW I SADDLE MOUNTING SUPPORTS I l Scale: 1 :20 Date: 7-21-2020 APN: 323-091-09-00 Page 4 of 8 December 15, 2020, Item #10~ILDING TENANT ID SIGN DETAILS 0 -+t I\.) O') 23'-4" zon --, 6'-5" ~ delivery _ _j TOTAL OF 150 SQUARE FEET MAXIMUM PER SIGN ~Charlaine Architectural Signage· 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 I www.charlaine.corn I Lie.# 750868 Vantage Point -Exterior Signs 14400 -14500 Kirkham Wy. Poway, CA 92064 MOUNTING DETAIL Scale: 1 :30 Side View EXTERIOR WALL 1/4" S.S. STUDS MINIMUM 4 STUDS PER LETTER 1-1/2" DEEP PENETRATION 100% SILICONE ADHESIVE N.T.S. LETTER DETAIL NON-ILLUMINATED 3" FABRICATED ALUMINUM, PAINTED FACE & SIDES #BLACK & #AMAZON BLUE Page Date: 7-21-2020 APN: 323-091-09-00 5 of 8 December 15, 2020, Item #10~ILDING TENANT ID ELEVATION DETAILS 0 -h I\,) O') I I I I SUITE 1 WEST ELEVATION 14500 BUILDING A SCALE: 1 :200 71.6' IJ ~Charlaine Architectural Signage· 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 I www.charlaine.com I Lie.# 750868 Vantage Point -Exterior Signs 14400 -14500 Kirkham Wy. Poway, CA 92064 SUITE 1 14400 BUILDING B SCALE: 1 :200 Scale: 1 :200 Date: 7-21-2020 APN: 323-091-09-00 \ \ 11.6" 35'-6" I L __ \ \ WEST ELEVATION Page 6 of 8 December 15, 2020, Item #10@ILDING TENANT ID ELEVATION DETAILS (Cont.) 0 """" ~ en OVERALL NORTH ELEVATION ~Charlaine Architectural Signage~ 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 I www.charlaine.com I Lie.# 750868 Vantage Point -Exterior Signs 14400 -14500 Kirkham Wy. Poway, CA 92064 SUITE 1 14500 BUILDING A ae~2~.~ ~ I :7_[ I . I I 44'-6" 35'-6" SCALE: 1 :200 Scale: 1 :200 ' ' ' ' ' ' Date: 7-21-2020 APN: 323-091-09-00 Page 7 of 8 December 15, 2020, Item #10flJILDING TENANT ID ELEVATION DETAILS (Cont.) 0 ..... N en SUITE 1 14400 BUILDING B lf .a~~2~.~ 44'-6" 114400 36' ~.. , . 1 1 _1 1- 11 1 •. , ,ttj:~;:ij I . . :,f f fl : . "'': ,, " SCALE: 1 :200 ,, ,, ,, ,, ,, ,, ,, SOUTH ELEVATION ,, ~Charlaine Architectural Signage· 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 I www.charlaine.com I Lie.# 750868 Vantage Point -Exterior Signs 14400 -14500 Kirkham Wy. Poway, CA 92064 Scale: 1 :200 Date: 7-21-2020 APN : 323-091-09-00 Page 8 of 8 December 15, 2020, Item #10coll, «>IGN LOCATION PLAN 0 ""A &\J 0PERTY ADDRESS· en ~400 -14500 KIRKHAM WY. OWAY, CA 92064 iAL DESCRIPTION I PROPERTY BOUNDARY DESCRIPTION· ~RCEL 2 OF CITY OF POWAY TPM 06-04, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP NO. 20.153, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 25, 2013 PROPERTY OWNER· RREEF CPIF KIRKHAM WAY JV LLC ASSESSORS NUMBER ID· 323-091-09-00 SCOPE OE WORK· THREE 39.8 S.F. NON-ILLUMINATED MONUMENT SIGNS FOUR 150 S.F. NON-ILLUMINATED WALL SIGNS 9 N.T.S. 9 9 * 14400 -14500 KIRKHAM WY. A.P.N #323-091-09-00 ~Charlaine Architectural Signage· 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 I www.charlaine.com I Lie.# 750868 f,;"~ J imtll mm N Scale: 1": 200' ____. Requested Signage -----.. Existing Permitted Sign KEY I I M-TEN I Tenant Monument ID Imm Existing Tenant Building ID (150 SF) [TEN;io] Proposed Tenant Building ID (150 SF) TENJD. ~ Vantage Point -Exterior Signs 14400 -14500 Kirkham Wy. Scale: 1 " = 200' Date: 9-4-2020 APN: 323-091-09-00 Poway, CA 92064 Page 2 of 11 December 15, 2020, Item #101~00 BUILDING TENANT ID ELEVATION DETAILS 0 .... N en )> -I -I )> (") :c s: m z -I m South Elevation ~ Charlaine Architectural Signage· 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 I www.charlaine.com I Lie.# 750868 14400 Building South Elevation, East Side Maximum 150 Sq. Ft. Per Tenant Sign South Elevation, East Side --------·-.. -·-~ ·-·-·--~. -------·----.. ,.... --- Vantage Point -Exterior Signs 14400 -14500 Kirkham Wy. Poway, CA 92064 SCALE: 1 :200 Scale: 1 :200 Date: 9-4-2020 APN: 323-091-09-00 Page 8 of 11 December 15, 2020, Item #101~400 BUILDING TENANT ID ELEVATION DETAILS (Cont.} 0 ...., N en 14400 Building East Elevation Maximum 150 Sq. Ft. Per Tenant Sign East Elevation I I SCALE: 1 :200,... ..- :Ss Charlaine Architectural Signage· 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 I www.charlaine.corn I Lie.# 750868 Vantage Point -Exterior Signs 14400 -14500 Kirkham Wy. Poway, CA 92064 East Elevation Scale: 1 :200 Date: 9-4-2020 APN: 323-091-09-00 Page 9 of 11 December 15, 2020, Item #10114500 BUILDING TENANT ID ELEVATION DETAILS ~ 0 -4' ~ en :Ss Charlaine Architectural Signage· 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 I www.charlaine.com I Lie.# 750868 14500 Building East Elevation Maximum 150 Sq. Ft. Per Tenant Sign East Elevation \ \ \ \ Vantage Point -Exterior Signs 14400 -14500 Kirkham Wy. Poway, CA 92064 SCALE: 1:200 ., East Elevation Scale: 1 :200 Date: 9-4-2020 APN: 323-091-09-00 Page 10 of 11 December 15, 2020, Item #10USOO BUILDING TENANT ID ELEVATION DETAILS (Cont.} 0 ...., "-> O') -- North Elevation ~Charlaine Architectural Signage· 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 I www.charlaine.com I lie.# 750868 14500 Building North Elevation, East Side Maximum 150 Sq. Ft. Per Tenant Sign North Elevation, East Side ---- Vantage Point -Exterior Signs 14400 -14500 Kirkham Wy. Poway, CA 92064 SCALE: 1 :200 Scale: 1 :200 Date: 9-4-2020 APN: 323-091-09-00 Page 11 of 11 December 15, 2020, Item #10t@NUMENT SIGN DETAILS 0 -h t,,.) en 3'~3" l'- 6" c-J._ ....... TOP NON-ILLUMINATED 1-SIDED MONUMENT SIGN FRONT --, ........... -----------11'-4" " 10'-4" --------------I 1 d29 ,r-rnl SIGN TYPE: M-TEN SPECIFICATIONS: zon ....., ;, delivery MONUMENT AREA (INCL. FOOTING)= 39.8 SF FOOTING RISE GRADE 'A': 12" FABRICATED ALUMINUM STRUCTURAL CABINET, FACE/SIDES WRAPPED WITH BELBIEN EW-1201 REGAL OAK, REAR OF CABINET PAINTED DE6112 CEDAR CHEST. 'B': 6" FABRICATED ALUMINUM FRONT CABINET WITH PAINTED MATTHEWS BRUSHED ALUMINUM FINISH. 'C': 1" ALUMINUM DIMENSIONAL LETTERS, PAINTED TO MATCH AMAZON STANDARDS. 'D': 1/2" BLACK VINYL LETTERS. 'E': 1/2" ALUMINUM DIMENSIONAL LETTERS, PAINTED TO MATCH SW 7602 INDIGO BATIK. 'F': METALLIC SILVER VINYL ADDRESS NUMBERS ~Charlaine Architectural Signage- 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 I www.charlaine.com I Lie.# 750868 Vantage Point -Exterior Signs 14400 -14500 Kirkham Wy. Poway, CA 92064 SIDE 1·-0·~7 3'-6" LETTER MOUNTING DETAILS SIDE VIEW ½"····-'ji d Scale: 1 :20 Date: 9-4-2020 APN: 323-091-09-00 ~ ALUMINUM CABINET VHB TAPE & 100% SILICONE VHB TAPE & 100% SILICONE SCALE: 1" = 1' Page 3 of 11 December 15, 2020, Item #10~NUMENT SIGN MESSAGE SCHEDULE 0 ..... l'IJ en VANTAGE POINT M-TEN.3 VANTAGE POINT ~Charlaine Architectural Signage· 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 I www.charlaine.com I Lie.# 750868 M-TEN.4 Vantage Point -Exterior Signs 14400 -14500 Kirkham Wy. Poway, CA 92064 amazon "'-.:/ delivery Scale: 1 :20 Date: 9-4-2020 APN: 323-091-09-00 M-TEN.5 Page 4 of 11 December 15, 2020, Item #10~UNTING & FOOTING DETAILS 0 ...., N en TOP VIEW I . §I lj Saddle Moootiog s,pports w/Bolt attachment to pole BACK VIEW 3'-0" SIDE VIEW r t SADDLE MOUNTING SUPPORTS 1 I A ~ ,-eoo;,,o ""' I : ~L[ ~ G= ~:::'"~' 1 -0 • • • • . ,l I,. -. . -/ . I ,_.[ .J , .I _I 2'-0" J.._ ____ I,'.", ( ·•. r·--1'-6" ==s charlaine Architectural Signage· 13100 Kirkham Way, Suite 211, Poway, CA 92064 Phone: 858.566.8868 I www.charlaine.com I Lie.# 750868 12'-0" Vantage Point -Exterior Signs 14400 -14500 Kirkham Wy. Poway, CA 92064 ~-·,~ ~ ~-~:; ~\\ .. () '1,.· J /~ }.. .... 1'-6"·· -} 1'-6"---J Scale: 1:20 Date: 9-4-2020 APN: 323-091-09-00 Page 7 of 11 December 11, 2020, Item #11DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway December 15, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services f,N\ Oda Audish, Associate Planner 858-668-4656 or oaudish@poway.org CITY COUNCIL Tentative Tract Map (TTM) 18-005; a request to subdivide two parcels into six single-family residential lots located at 12102 and 12118 Poway Road Tentative Tract Map (TTM) 18-005 is a request to subdivide two parcels totaling 1.7 acres into six lots located at 12102 and 12118 Poway Road. The new lots would be accessed directly from Crest Road or via a new cul-de-sac off of Crest Road which borders the project site to the north. Two existing single-family homes on the property will be demolished. The site is in the Residential Single Family-7 (RS-7) zone. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: The project applicant is Bill Yen, project civil engineer, and property owners are Pro-Tee LLC (12118 Poway Road) and Christain C Lin-Burns and Joanne Lin (12102 Poway Road). The project site consists of two parcels totaling 1.7 acres. The properties are located in the RS-7 zone and are also located in the Very High Fire Hazard Area (VHFHA). Each existing parcel is developed with a single-family home that is accessed via separate driveways off Poway Road to the south. The properties also border Crest Road to the north, but do not have a driveway access from there. The project site is immediately surrounded by single-family residential properties, except to the east which is the site of Filippi's Pizza Grotto. A zoning location map is included as Attachment B. The applicant proposes to split the two properties into six parcels. The two existing homes would be demolished and the existing driveways off of Poway Road would be eliminated. The three northerly lots would take direct access off of Crest Road and the southerly three lots would be accessed via a new cul-de-sac street (private) that would connect to Crest Road. The proposed subdivision map is included as Attachment C. 1 of 22 December 11, 2020, Item #11Although the RS-7 zone allows for a 4,500 square-foot minimum lot size, the new lots would measure from approximately 9,400 square feet up to 11,400 square feet in net area. The larger lot sizes are needed in order to comply with property line setbacks required in the VHFHA. The 30-foot required VHFHA setbacks are greater than the standard building setbacks required in the RS-7 zone, which are 18 feet front yard, five feet interior side yard, and 20 feet rear yard setback. It should be noted that the proposed lot sizes are more consistent with the lot sizes of neighboring homes on the north side of Crest Road which are located in the Residential Single-Family-4 zone that has a 10,000 square-foot minimum lot size requirement. Required street improvements include adding a sidewalk, curb, and gutter along Crest Road that connect to an existing sidewalk to the east. The cul-de-sac street will be improved with curb and gutters on both sides and a sidewalk along the west side of the new private street. The new street will be maintained by the Home Owner Association (HOA) to be established for the subdivision. The Poway Road frontage of the subdivision will be modified with the elimination of the two existing driveways and replacing them with two new sections of retaining walls that will tie into the existing retaining walls. New landscaping and irrigation will be added in the retaining wall planter areas and some of the existing landscaping will also be replaced to improve the aesthetics. The landscaping along Poway Road has historically been maintained by the City and will continue to be maintained by the City. An eight-foot high wall on private property along Poway Road currently provides a barrier for traffic noise on the project site. The driveways serving the two existing homes provide a gap in the noise wall. A noise study was prepared for the proposed subdivision to demonstrate that the proposed project would comply with the City's exterior and interior noise standards for residential development. Consistent with the noise study, the project plans show two new noise wall sections to be constructed to close off the gaps. The plans also show the eight-foot-high noise walls to be extended along the majority of the west property line of Lot 4 and along the entire east property line of Lot 2. The new noise walls will be consistent in materials and appearance of the existing noise wall. Staff approval of a Minor Development Review Application for each of the lots will be required prior to construction of new custom homes on the lots or the subdivision could be developed as a tract development with City Council approval of a Development Review application. The proposed subdivision would be consistent with General Plan policies and standards in the Poway Municipal Code. Neighborhood Meetings Two neighborhood meetings were held for this project. Approximately nine people attended the first meeting held on May 29, 2019 which proposed a six-lot subdivision with five curb cuts along Crest Road. Some neighbors wanted to be able to review the design of the future homes at the meeting. Neighbors also expressed concern about the traffic generated on Crest Road by the proposed six lots considering that Crest Road currently only provides access to homes on the north side of the street. They also expressed concern that the number of driveways would eliminate on-street parking spaces. A request was made to redesign the proposed subdivision to eliminate access to Crest Road or at least shorten the section of Crest Road that would be used by the subdivision and reduce the number of new driveways on Crest Road. 2 of 22 December 11, 2020, Item #11In response to the request of neighbors, the applicant worked with staff to modify the subdivision design to reduce the number of curb cuts and allow for more on-street parking on Crest Road. On October 29, 2020 a virtual neighborhood meeting was held to present the neighborhood with the revised proposal which includes three driveways and a cul-de-sac on Crest Road. Approximately six neighbors attended this meeting and did not comment on the proposed revised design. Two neighbors from the same household inquired about requiring the project to widen their driveway access off Poway Road that borders the project site to the west and also provides access to two other residences. Staff explained that such requirement would not be applicable since the project is not impacting that driveway access. Since the meeting, the applicant has indicated to staff a willingness to consider making some improvements to their driveway access if feasible. However, such improvements would not be required by the City. Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as Class 32 Categorical Exemption, pursuant to Section 15332 of the CEQA Guidelines, in that the project involves the division of land of a previously developed project site that is less than five acre in size and is located within an urbanized area served by required utilities and public services. The proposed project is consistent with all City codes and standards and does not result in any significant effects related to traffic, noise, air quality, or water quality. Fiscal Impact: None Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, December 3, 2020. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Invitations regarding two neighborhood meetings conducted as a part of this project were also mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. City Council Resolution -Tentative Tract Map (TTM) 18-003 B. Land Use and Location Map C. Site Plan Reviewed/ Approved By: WmdYserman Assistant City Manager 3 of 22 Reviewed By: Alan Fenstermacher City Attorney Approved By: C~ine City Manager December 11, 2020, Item #11RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 18-005 FOR A SIX-LOT SUBDIVISION, ASSESSOR'S PARCEL NUMBERS 316-120-18 and 316-120-25 WHEREAS, on December 15, 2020, the City council considered Tentative Tract Map (TTM) 18-005; a request to subdivide two parcels totaling 1. 7 acres into six single-family residential lots located at 12102 and 12118 Poway Road, in the Residential Single Family-7 (RS-7) zone (project hereinafter); WHEREAS, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public hearing; and WHEREAS, the approved development plans are incorporated by reference herein as Exhibit A to this Resolution available on file in the Development Services Department, also known as the TTM site plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as Class 32 Categorical Exemption, pursuant to Section 15332 of the CEQA Guidelines, in that the project involves the division of land of a previously developed project site that is less than 5 acre in size and is located within an urbanized area served by required utilities and public services. The proposed project is consistent with all City codes and standards and does not result in any significant effected related to traffic, noise, air quality, or water quality. SECTION 3: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for TTM 18-005, are made as follows: A. That the proposed subdivision map is consistent with the objectives, policies, general land uses and programs of the General Plan in that it proposes to create six 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 six lots meeting size standards and the two existing residences will be demolished. 4 of 22 ATTACHMENT A December 11, 2020, Item #11Resolution No. 20-Page 2 D. That the site is physically suitable for the proposed density of development in that the site is large enough to provide six residential lots meeting size standards. E. That the design of the subdivision 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, and will not likely cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that the project site has been previously developed with two homes and residential landscaping and does not contain any native habitat. No development is proposed as a part of this project, except the demolition of two existing single-family residences, grading for future building pads, and installation of retaining and noise walls. F. That the design of the subdivision 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 subdivision can occur without obstructing or otherwise impacting existing or new easements. SECTION 4: The findings, in accordance with Government Code Section 66020 for the public improvements needed as a result of the proposed development to protect the public health, safety and welfare, are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this project. B. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: • Sewer line, • Street improvements, • Storm drain improvements • Retaining wall, and • Landscaping. C. In accordance with the Poway General Plan, the project requires 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 5: The City Council hereby approves TTM 18-005, as shown on the approved plans incorporated herein by reference and stamped as "Exhibit A" dated December 15, 2020 (Exhibit A hereinafter) on file with the Development Services Department, except as noted herein and 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 reasonable attorney's fees, collectively the "Claims" against the City or its 5 of 22 December 11, 2020, Item #11Resolution No. 20-Page 3 agents, officers, or employees, relating to the issuance of any aspect of the project approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to TTM 18-005) and any environmental document or decision made pursuant to CEQA. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. B. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped "Exhibit A" and on file at the Development Services Department. If actual conditions and details vary from representations on Exhibit A, the approved plans must be changed to reflect the existing site conditions and proposed project details. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans. C. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. D. Prior to issuance of any permit, the applicant shall (1) submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. E. The conditions for the project shall remain in effect for the life of the subject property, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. F. Prior to Final Map approval, unless other timing is indicated, the following conditions shall be complied with: 6 of 22 (Engineering) 1. Within thirty (30) days after tentative map approval, the applicant shall submit in writing to the City's Planning Division that all conditions of approval have been read and understood. 2. This approval is based on the existing site conditions represented on the approved tentative map. If actual conditions vary from representations, the approved tentative map must be changed to reflect the actual conditions. Any substantial changes to the tentative map must be approved by the Director of Development Services and may require approval of the City Council. December 11, 2020, Item #117 of 22 Resolution No. 20-Page 4 3. The final map, together with the supporting data and documentation, shall be submitted to Engineering Division for review and approval. The appropriate map checking fee shall be paid by the applicant. 4. The final map shall conform to City standards and procedures, the City Subdivision Ordinance, the latest edition of the Subdivision Map Act, and the Land Surveyors' Act, and all other applicable laws, regulations and ordinances. 5. 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. 6. A sewer easement is required to be dedicated to the City of Poway on the Final Map. Twenty-foot-wide minimum easements are required for the sewer main. 7. Landscape easements will be required as shown on the approved tentative map. 8. Applicant shall enter into a Private Road Maintenance Agreement for the Private Road within the subdivision. The form and content shall be in a form satisfactory to the City Attorney. 9. Easements will be required for all public facilities and access onsite. This may include but is not limited to utilities, streets, sidewalks, and trails. 10. If there is an instrument for Covenants, Conditions, and Restrictions (CC&R), which addresses construction and maintenance of the private road, slopes, drainage, or accesses in the subdivision, said CC&R shall be reviewed and approved by the City prior to recordation. 11 . A mylar copy of the Final Tract map shall be provided to the City within three months of its recordation or prior to building permit issuance, whichever comes first. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the Tract Map, for the mylar reproduction of the recorded Tract Map shall be posted. 12. A monumentation bond in an amount acceptable to the City Engineer shall be posted. 13. Within 30 days after City Council approval of the Final Tract Map, the subdivider shall pay the City the sewer connection fee. 14. The applicant shall pay the drainage impact development fee in effect at the time of subdivision. 15. A Public Improvement plan shall be submitted per PMC requirements to the Department of Development Services, Engineering Division. Improvement design December 11, 2020, Item #118 of 22 Resolution No. 20-Page 5 should be 100 percent complete at time of submittal and should include the following Public Improvements: a. Public sewer improvements as shown on the approved tentative tract map. b. Curb, gutter, sidewalk, and ADA-accessible driveways along the south side of Crest Road fronting the property. c. Public storm drain in Poway Road and the storm drain clean out on the north-edge of Poway Road. d. Curb, gutter, and sidewalk to eliminate the existing driveways along Poway Road fronting the project. e. The proposed retaining walls. f. Landscaping and irrigation within the right-of-way on the north side of Poway Road fronting the project per the approved landscape and irrigation plan 16. The public improvement plan shall be approved. The applicant shall enter into a Standard Agreement for public improvements for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for monumentation and public improvements. 17. 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. 18. Any private improvements within any publicly held easement or right-of-way may require an encroachment agreement as determined necessary by the City Engineer. All necessary encroachment agreements shall be approved and executed prior to grading permit issuance. (Planning) 19. The two existing homes shall be demolished. Demolition of existing structures shall include investigations for lead and asbestos with appropriate mitigations prepared by certified professionals, if applicable. 20. Covenants, Conditions and Restrictions (CC&Rs) or other agreement approved by the City shall be submitted to the City for review and approved to the satisfaction of the Director of Development Services and shall be written to the satisfaction of the Director of Development Services and the City Engineer. The CC&Rs shall include the conditions herein to the satisfaction of the Director of Development Services and shall be recorded prior to or concurrent with the final map and shall include, but not be limited to, the following: a. The formation of a homeowner's association (HOA) with maintenance responsibilities is required, unless project site is under single ownership (Single-Owner herein). b. A Best Management Practices (BMP's) and a Private Driveway and December 11, 2020, Item #119 of 22 Resolution No. 20-Page 6 Drainage Maintenance Agreement to the satisfaction of the City Engineer. The maintenance and the preservation of drainage and BMP facilities shall be included. c. The CC&Rs shall identify and implement the BMP's identified in the SWQMP prepared for this project and state that the Developer, Current and Future Property Owners shall comply with the recommendations of the SWQMP prepared for this project to the satisfaction of the Water Quality Program Coordinator and the City Engineer. Funding of the long-term maintenance of all facilities required by the SWQMP shall be included in the annual HOA or Single-Owner budget. d. Notarize and record a maintenance agreement for the on-going maintenance of the private street and access improvements and other proposed paved areas, fencing, landscape and irrigation (private and within the public right-of-way along the property's frontage), and other facilities as specified to be reviewed and approved to the satisfaction of the City Engineer and Director of Development Services. This maintenance agreement shall be adhered to by the Single-Owner or HOA and incorporated into the CC&Rs, if applicable to the satisfaction of the Director of Development Services and City Engineer. e. The CC&Rs shall include on-going maintenance of landscaping and irrigation within the easements of Lots 1, 5, and 6 as noted on the TTM. All landscaping shall be well maintained in a healthy growing condition at all times in substantially the same condition as approved in accordance with the approved landscape and irrigation plans. All landscaping, including areas within the adjacent public right-of-way, shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Landscape and Irrigation Design Manual. Trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped, and pruning shall not remove more than 25 percent of the trees' leaf surface. f. Street trees along the roadway shall not obstruct the ability of fire apparatus access and fire department aerial operations. Tree height and type should be considered in the ultimate landscape design. g. Immediate removal of graffiti and any other type of offensive debris is required. h. Maintain the drainage facilities and any access easements (where they occur) on the property. i. Ongoing maintenance of the onsite private sewer and water systems are December 11, 2020, Item #11Resolution No. 20-Page 7 required to the satisfaction of the Director of Safety Services and the Director of Public Works. j. The CC&Rs shall give the City the right but not the duty to enter the premises to do maintenance and levy assessments if the homeowners fail or refuse to maintain said facilities. k. The CC&Rs shall clearly establish the responsibilities of the individual homeowners and the HOA or Single-Owner with regard to the continuing maintenance and preservation of the project. I. Amendments to the CC&Rs that affect any requirement of this resolution shall require express written consent of the City. G. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 2. Submit a precise grading plan for the development prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100 percent complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the PMC shall be submitted. 3. Water Quality Control -Drainage and Flood Damage Prevention A drainage study addressing the impacts of the 100-year storm event prepared by a registered Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer. 4. Water Quality Control -Design and Construction 10 of 22 The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the PMC, and a signed PDF version. b. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BM P maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in December 11, 2020, Item #11Chapter 16.104 of the Poway Municipal Code. c. Upon approval of the SWQMP, provide a PDF version. Resolution No. 20-Page 8 5. Water Quality Control -Construction Storm Water Management Compliance Proof of coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 2009-0009-DWQ, as amended by order 2010-0014) shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP). 6. Grading securities shall be posted with the City prior to grading plan approval per Chapter 16.46 of the PMC. A minimum cash security of $2,000 is required in all instances. 7. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 8. Following approval of the grading plans, posting of securities and fees, and receipt of five copies of the approved plans, the applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. 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. 9. 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. 10. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. As a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. (Planning) 11. The grading plan shall call out the height and materials of the new noise wall sections to be constructed along Poway Road. The height and materials of the new sections shall be consistent with the noise study dated November 7, 2018 and prepared by Ldn Consulting, Inc. and on file with the City, and shall match the appearance of the existing noise wall. 12. The retaining walls shall be constructed using decorative block to the satisfaction of the Director of Development Services. The retaining walls along Poway Road shall match the appearance of the adjoining existing retaining walls. 11 of 22 December 11, 2020, Item #11Resolution No. 20-Page 9 13. A Tree Removal Permit shall be obtained prior to the removal of all existing trees. If the trees are proposed to be removed during the recognized nesting season for birds (February 15 and August 15), a nesting bird survey shall be conducted by a qualified biologist and report the findings in writing to the City. Between February 15 and August 15, removal of trees containing nests shall be delayed until such time as the nest(s) have been abandoned unless the removal can be completed in accordance with California State codes and the Federal Migratory Bird Treaty Act of 1918. 14. Landscape and irrigation plans shall be submitted for review and shall be approved to the satisfaction of the Director of Development Services. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, PMC Chapter 17.41, PMC Chapter 15.24 as it relates to fuel management and defensible space, and all other applicable standards and ordinances in effect at the time of landscape and irrigation plan check submittal. 12 of 22 The landscape and irrigation plan submittal are a separate submittal from other project plan check submittals and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. To the satisfaction of the Director of Development Services, the landscape plans shall also provide the following: a. To the satisfaction of the Director of Development Services, the area between the existing and proposed noise wall and sidewalk along Poway Road shall be landscaped. • Trees, shrubs and ground cover shall be installed between the new section of the noise wall and sidewalk along Poway Road. • The existing landscaping between the existing noise wall and sidewalk along Poway Road shall be enhanced. • Calipers, heights, and spreads at 15-year maturity shall be specified on the landscape plan and shall be to the satisfaction of the Development Services Director. • The landscaping plan shall incorporate a minimum one 24-inch box tree for every 30 feet of frontage along the public right-of-way along Poway Road. • Any landscaped areas within the public right-of-way shall be permanently and fully maintained by the owner(s) of the private property adjacent to the public right-of-way where the improvements are located to the satisfaction of the Director of Development Services except that landscaping within the public right-of-way along Poway Road will be maintained by the City of Poway. b. All manufactured ( cut or fill) slopes greater than a 5: 1 slope. December 11, 2020, Item #11c. Stormwater treatment facilities. Resolution No. 20-Page 10 d. Landscape easement area located along the southern property lines of on Lots 1, 5, and 6. H. Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. The final map shall be recorded and accepted by the City. 2. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading of lots shall be in accordance with the California Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 3. 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. 4. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a. Two copies of certification of line and grade for the lot, prepared by the engineer of work. b. Two copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City. 5. 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. 6. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. (Planning) 7. Pursuant to the PMC, a Minor Development Review Application shall be submitted and approved for each of the new residence, or a Development Review application shall be submitted and approved for tract home development of the lots. 8. Applicable school fees in effect at the time of Building Permit issuance shall be paid to the Poway Unified School District (PUSD). 9. The developer is advised that, pursuant to PMC 17.26.100 through 17.26.300, 13 of 22 December 11, 2020, Item #11Resolution No. 20-Page 11 single-family residential development shall provide that 15 percent of the units created shall be affordable to low-income households. The developer may, in lieu of providing required inclusionary housing onsite or offsite, pay an Affordable Housing In-Lieu Fee to the City in accordance with the provisions of the referenced Section prior to issuance of a Building Permit. 10. A minimum of one street tree shall be provided within the front yards along Crest Road for Lots 1, 5 and 6. 11. Landscape plans shall be submitted to demonstrate compliance with Section Four of the City of Poway Landscape and Irrigation Design Manual and PMC 15.24 as it relates to fuel management and defensible space. The landscape plan requires a separate landscape and irrigation plans submittal prepared pursuant to the City of Poway Landscape and Irrigation Design Manual requirements. A separate plan submittal for each parcel is required. There is a separate fee for this plan check and inspection services. The applicant shall submit and receive signed approval of landscape and irrigation prior to the issuance of the building permit (Building) 12. The development shall comply with the current addition of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety requirements. I. Prior to occupancy, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. Public Improvements shall be installed and completed. 2. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 3. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. 4. An adequate drainage system around the new building pads capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 5. The stormwater facilities shall be complete and operational prior to occupancy. 6. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public and private improvements caused by construction activity from 14 of 22 December 11, 2020, Item #11this project. Resolution No. 20-Page 12 7. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy. 8. Bond copies of record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.1308 of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities (i.e. at least three weeks prior to a request for occupancy is recommended). All other final reports and agreements, as outlined in Section 16.52.130 of the Grading Ordinance are to be approved. (Planning) 9. Upon establishment of use, all physical elements of the project, excepting improvements for buildings, including public street improvements, shown on the approved building, landscape, grading, improvement and related plans shall be substantially maintained per the approved plans, except as noted herein, to the satisfaction of the Director of Development Services. 10. Landscape, irrigation and exterior site amenities shall be installed prior to building permit final (certificate of occupancy) except as otherwise determined by the Director of Development Services. All exterior amenities shall be reviewed and approved to the satisfaction of the Director of Development Services and substantially similar or of better quality than conceptual images provided prior to building permit issuance. J. The following requirements shall be completed to the satisfaction of the Director of Safety Services: 1. This project is located within the very high fire hazard area of the City and is new construction; therefore, California Building Code Chapter 7 A and PMC 15.24 will apply. 2. All flammable vegetation within the approved fuel modification zone of a parcel site shall be removed prior to the arrival of combustible material on the parcel site and shall be maintained during the duration of the project until all elements of approved fuel modification zones are installed and approved. 3. 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. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 pounds. 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. 15 of 22 December 11, 2020, Item #11Resolution No. 20-Page 13 4. The gradient for a fire apparatus access roadway shall not exceed 20 percent. Grades exceeding 15 percent (incline or decline) shall be constructed of Portland cement concrete (PCC), with a deep broom finish perpendicular to the direction of travel, or equivalent, to enhance traction. Grades exceeding 10 percent shall be constructed of asphalt or PCC. Permeable paver systems shall not be used for grades exceeding 10 percent. The fire code official may require additional mitigation measures where he or she deems appropriate. 5. 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. 6. All dead-end fire access roads/driveways 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 structures. The minimum, unobstructed paved radius width for a cul-de-sac shall be 35 feet in residential areas. The fire code official shall establish a policy identifying acceptable turnarounds for various project types. 7. Future 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 PMC requires a greater minimum. When the property line abuts a roadway, the setback shall be measured from the farthest roadway edge. 8. 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. 9. The project shall comply with Section Four of the City of Poway Landscape and Irrigation Design Manual and PMC 15.24 as it relates to fuel management and defensible space. One hundred feet of fuel management consisting of 40 feet of Zone A and 60 feet of Zone B, is required. Fuel modification zones shall be measured from the edges of the parcel pad. Ten feet of vegetation fuel modification shall be maintained on both sides of all driveways, roadways that are not already within a fuel management zone. Mitigation is required when 100 feet is not achieved within parcel limits. 16 of 22 • The less than 100 feet shall be mitigated by the existing development surrounding the proposed project and all areas within project, and within each parcel, shall meet Zone A requirements. The landscape plan requires a separate landscape and irrigation plans submittal prepared pursuant to the City of Poway Landscape and Irrigation Design Manual requirements. A separate plan submittal for each parcel is required. There is a separate fee for this plan check and inspection services. The applicant shall submit and receive signed approval of landscape and irrigation prior to the issuance of the building permit. December 11, 2020, Item #11Resolution No. 20-Page 14 10. Each lot of the subdivision will be required to have a minimum 1-inch service lateral from the service main to the water meter. SECTION 6: The approval of TTM 18-005 shall expire December 15, 2022, at 5:00 p. m. The Final Map conforming to this conditionally approved TTM shall be filed with the City so that the City may approve the Final Map before this approval expires, unless at least 90 days prior to the expiration of the TTM, 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 7: 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 15th day of December, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 17 of 22 December 11, 2020, Item #110 50 100 200 L..-1'-1---L..--a--L..---____,Jj Feet 18 of 22 RR-C CITY OF POWAY Zoning / Location Map Item: TTM 18-005 ATTACHMENT B CB RS-1 December 11, 2020, Item #11CD 0 -4' ~ ~ )> -4 -4 )> C') :I: s: m z -4 C') I ---___ J i (_: Ll I L_:h _j' : J B--320-05 : -~,, _l_ r 1'°~ -~ i~---I ' ,. ~ , 1 ~~=m ....______,_✓'-==--~\ ~.---~L_o_~_-=-,-_-----~-=::~ .. _ ---::-l----~--~-,,,__-_' ! __ __;_-,------·,, ~ =ft::~ £X,l"O =-~~ \..£Xl5TF.H ~IC, ~-Jt;•J!.PAIIE fi-____ _ ~ 1101.LCD CUM EX • SEWER--. ADD NEW ct~ CREST 11\:t STIIW rOR 5T0IIII G // . ...--:;;::.·:.::::::----- ~~SS '•,( .-11:· ',.WNA.IJOX~---,, .... _ WAlat~S i: ,,--;;:;:;,~-N -', -'-"---~{. _::_-,::;2, ~ --................. 1 L~!.,.~ .. 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CW LNDISlUlll[D ACCESS TO SUNUCHT ON TH[ IUII.DML[ POllfl'ION or lH[ un. UTUT£S. SlWCR: CITY OF -,.y WATEII: QTY Of' POWAY GAS • [l!Cl!IIC: SAN 0€00 GAiS • [L[CT119C lELCPHONE: AT•T flftE l'flOTECTION: QTY OF PO#AY SCHOOlS: ,.._, ,-l(Q SCHOOL DISTRICT ASSCSS0R"S PNICCL NUWIER: 311-120-11 • ~ EXISTING EASEMENTS DOIi PUaJC UlUIY CAS£11ENT TO SAN DIEGO GAS A EUCllllC COMPMff P(R 8'C 41000 PC 411 IICC"D 5-11-1151. NOT wmtN SU&£Cl PNIC[L IICM..MWl't'. DOf2 PUILIC UTLIIY £AS£MENT TO 5'N l)l(CO GAS • CLCCTRIC COIW'-P£R INST. NO. 73-234327 R(C"D 11-21-1173 DOfl SOUND WALL £AS£MENT TO CITY OF -,.y P[A INST. NO, 1911-0151720 AEC"O 12-17-IMI DOf4 SOUND WM.I. £AS£MENT TO CITY OF -,.y P£A INST. NO. IMl-0151725 REC"D 12-17-IHI FIRE HYDRANT DISTANCE NOTE TH[ DISTMICCS ,_ TH[ [lOSTING F111C H'IDIIANT LOCATtD OH CIIE5T RCW> 8£TW£[N APH Jll-320-0J MD APN JH-320-04 lO TH[ PAOPOSlO -.00,C [Nllt:LOP[ °" LIO< LDT -AS rouow, 175 FtEl lO LOT I 2H FECl TO LOT 2 282 FEET TO LOT 3 315 rca 10 LOl" 133 rt:£T TO LDT S 175 r[[l TO LOl I EARTHWORK [XCAYATK»C: 3-125 C.Y. EW8AHIUIIIENT: l.575 C.Y. [><PORT: SO C.Y. TOPOGRAPHY INFORMATION TOPOOIIN'HY SUIMY "' 8U Y[N • ~TtS, INC. 0.T[ OF SUIMY: J-20-201L ,:.~ ~- '"j ;.-' VICINITY MAP NOT TO SCAI.[ PREPARED FOR: PRO-TEC. LLC CHRISTAIN C. LIN-BURNS & JOANNE LIN l3100KlRKHMI WAY, SUITE#203 POWAY.CA92064 PHONE: (858)204-0808 PREPARED BY: I gl111 BILL YEN & ASSOCIATES. INC 0 IJ CIVIL ENGINEERING· SURVEYING· SITE PLANNING 1,071 POWAYROAD,POWAY,CA9206-l-1$19 (ll.'lll)67MOIO EMAIL: billyco.auoci111u@1u1Wl.1:om d...tf!: 7..,,, ■m 12020 WU.WI Y[N, iicrj337JO 0.T[ W01719 December 11, 2020, Item #11N 0 SHEET 2 OF 4 SHEETS O · : , 1 1 1 , , I I -t,i Ltl lll ····1 I !,.,,, I I : I j_l_ N , L,-,, , ,,! I I I ; I I L_ ~ ~/· 1 L __ : ~-1· ·r-• L_J 1 __ _ , )< l l r -L -t --J . ~ --~ .. .. I.> '··---~'L_ i' --. ;_,,,, __ fl '<<,. ~ ~ i . <:;;;:::,:;:::.;;:::~:::.--:::::::::: ___ -0---::, H 15 'i' /I //7- ...._ w--w---w •--w---•----:---;h"f/---w----•---w---w---•-::::-· w:: 2 '®~m ·;' '/ ... -/~-~-: .. ~~'.0~~-~'.~i ;,4£.·~~-'-I,~ ,,-, ~~,:~•t \'' . 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'I I / 1 \ \'' TTM 18-005 CITY OF POWAY FIRE SETBACK NOTES CREST ltOlrO fllONTM:E, LOTS 1, 5 MO I: 13' • 111' rRONT YARD SETaao< + 4:t' N:. PA\1:D CREST 11CW> ANO SUWAUC POWAY AOIIIO FllONTAGE, LOTS 2, l AHO 4: 110' • 20' ACNt YARD SET9'1CK 1' 90' N:. P#rflED POIIAY A0ilO ANO SK>EWAUC COMY:>N LOT UNES 1£TWEEN LOTS 2 • l. 3 • ◄ MO 5 • I: 30' SIOE SETBN:K WEST SIOE LOT 4 AMO 5: l◄" • 10' SU YMO SEraN:K + 2◄' AC PA"1£0 DRMWAY FOR APNS lll-1110-24, 311-180-27, 311-180-28 ANO JH-180-29 EAST SIOt LOTS 1 AND 2: JO' • 20" SM)[ YMO SEraN:K ,.. 10' FIRE WALL OH liPN l11-l20-35 SOUTH SIOE LOTS 1, 5 ANO I, 30' AEAA YARD S[l8'0( MORTHWESI' SIC)[ LOT 2: 91' • 18' FRONT YARD SCT8ACIC + 71" PROPOSED N:. PAYED CUL-DE-SAC N0RTHCAST SK)[ Of' LOT J: ISi' • 18° FAONT YARD SCT8ACIC + 71' PR0POSEO N:. PA'1£0 CUl-DE-SAC ~SIOELOTS2ANOl: lO' 510[ YAIIO SCT8N:I( NORTH SIDE: LOT ◄: lO' SIDE: YAIIO SCTalCk STREET TREES NOTE: A _.. Of' ONE STIIEET TR£[ SHAU IIE PAOYIDEO FOA EACH Of THE LOTS ALONG CRCST IIOAO, TREES TO REMAIN @ 24"• PEPPCR © 14"• P[PP(lt <1> @ qe) @ 12·• P[PP[lt 33"• EUCAI.YPTUS 24"•EUCAL'l'PTUS 1a•• EUCALYPTUS TREES TO BE REMOVED 0 11"• PEPPER @) @ a"o PEPPE• @ @ 12"oPEPP.. @ (i) 12"• PEPPER @ @ 10"0PINE @ @ &"oPINE @ @> ••·•PINE iv @ a•o PINE 5) @) 24"0 PINE I @ ... PINE @ @ 22"•PM.w ® @) a•o PEPPE• @ @) 14"o PEPPER @) 4&"• PEPPER M"ePtNC 4a•• P[PP[lt 2,-. P[PP[lt :i·• Ot.M: 3•• lilU.BERRY ◄•• OI.IYE 42"• P£PP£11t ◄2•• PEPPE" 22"• PAUii 2♦"ePM.W ..... P[PP[" 20"• PAUi PREPARED FOR: PRO-TEC. LLC @ 11·• PWrlllf ~) 2◄-•PIN[ @ 32"• PM.M t> 20·• PN[ 7) 2◄"• PN'. @) 11•• PN ~) ••• MUl.9EM'I" @ J"• aJYE @ 12"•PINE ~ 2◄·• PN[ ~ 24"• PEPPER @ 30•· PIN[ CHRISTAIN C. LIN-BURNS & JOANNE LIN !3100 KIRKHAM WAY. SUITE #203 POW.-\ Y, CA 92064 PHONE, (858) 204-0808 PREPARED BY: @ ◄I"• PNC @ 30•• PM.M @ JO"• PM.M @ 2a"•PINE @ 4•• WULBEAtr't @ 10-• PEPPER ® JO"e PCPPE" @ 30•• PCPPUt @ 42•• PEPPER ~) 48"• PEPPER @ IO"'t PEPPER @ 24"tP[PP£1t " . 20' 0 10' 20' 40' ID" ~-// DOf2 =-~IOENT TO -l>CCO c:AS ,i CL£CTIIC CllMPNn' --------i I I / DOil ;:,..., INST..;:i~~::l~~ ~"o:'~~·~. INST. N(), 11;1111 BILL YEN & ASSOCIATES. INC 0 IJ CIVIL ENGINEERING· SU. RVEYJNG. · SITE PLANNING 13071 POWAY ROAD, POWAY, CA 9200..-4:119 (8.\8) 6/MOIO EMAIL: b1lly•rnu,o,;i>11.,.,@pTI;lil.~om \INCll\.01711\UlfflVV11,:JP•lMTTIQOIO\m.:)171~ _..,..,~ ( FEO) 1H1-0l51720 MC'O 12-17-1911 I ltCH • 20 f£ET DOf◄ ~:,2~~:11;~.;~:; PO#AY P[lt NST. NO. A.l£:_t"'1 a/2112020 W01719 December 11, 2020, Item #11N ..I, 0 ~ N N PROPOSED WALUFENCE DEMOLITION AND CONSTRUCTION EXHIBIT l' TAU EXISTIHC _r~:-:~ I" TAU. EXISTN. I' TALL EXISTN. 2' TAU. CXISTINC ,-~=o '~o '~~ .. 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A A8CM) snaJl SOIL (\')GM/EL OIWICE THIOtNESS THICKNESS OIOMCTE• r •· CLENoOUT I I PIIOPOSEO AAEA (S.F.) .,,.._TMTIDN, .. 1 0 u· 1.0' 0.40" 140 IIIOFl.TIIATlON,BMP2 ® 1.~· 1.0· O.◄~• 240 IIIOFl.TIIATlON.-l @ ,.~· 1.5' 0.40" 240 aon.TIIATION, 8MP4 © 1.5' 1.0· 0.40" 220 IIOl'LTIIATlON,IIMPS @ ,.~· 1.0' 0.35" IIOf'L.TlllATION, ... © 1.5' 1.0· 0.40• I 121 • THC CCW:LOPClt St-W.L CSTABUSH A H0MCOWNE"5 ~::.c~:.:= ~Tks TO THE FUTURC OWNERS. THE H0i\ SHALL OWN LOT A. LOTS 2,lNC>4SHAU.8CMSPOHSIIUFOIITHE ~NNCC COSTS FOR LOT A.. THC He». SHAU. IE 11£SPONS8.E FOIi THE .....nMANCt: OF THE L.AN0SCAPC EASDICNTS ON LOTS 1, ~ MO I. EXISTING EASEMENTS 00f1 PUkJC UTl.llY EAS(M[NT TO SAN oocao CAS .. EUC'IRIC COtl/PN<t PER BK 4100, PC ◄11 RCC-0 5-11-1151. NOT WITHIN SUBJECT PNICEL 90UNOM'Y'. 00f2 PUt1UC UTLIIY EAS(MENT TO SAN oocao GAS ,t ELECTRIC COtl/PN<t PU, NST. NO. 73-234327 REC'D 8-21-1173 OOfl S0UNO WAU. EASEMENT TO 01Y OF POIIAY P£• INST. NO. lffl-0651720 11£C'D 12-17-IHI 00f4 S0UNO WAU. EASEMENT TO 01Y OF POIIAY P£• INST. NO. IHl-065172, R£C'O 12-17-IHI PREPARED FOR: PRQ..TEC. LLC CHRISTAIN C. LIN-BURNS & JOANNE LIN 13100 KIR.KHA}.t WAY, SUITE #203 POWAY. CA 92064 PHONE: (858) 204-0808 PREPARED BY: jg~~BILL YEN & ASSOCIATES. INC. 0 \I CIVIL ENGINEERINO · SURVE\'ING · SITE PLANNING l)(J71 POW.a\ Y RQ . .\D, POWAY, CA 9206-l-t'J 9 {1151)679,4:1010 E>-IAJL:billy«MLUoci.lll-@p11;.il.«m1 ~ 7' hi 1/77/2020 KLIAN YEN, iic1? 33730 DOTE W01719 December 11, 2020, Item #11N N 0 ""t\ N N $4' A-O-W :,o,....., + ----- ' 1--_p,,o; 451.S' 1. / : I 30' Ill.DC 71' IIULOINC ENYCLOPE 20' Ill.DC I 1 \.4.s• S/W 2'1, s.a. s.a. fX. E. WAU. I .... s«WArlJC r-w ._r:..... EXISTING TO 8E MlilOYED CREST ROAD LOTS PROP. 1' EASCIIICNT PROP. e• 11AX RET. WALL SECTION A-A LOT4 54' R-0-W l1'111.0G M' BUILDING EPNCLOPC 10" BLOC S.I. I T----- 1 I CREST ROAD 'i..:i. -•.s· 5/W 2'1, .... SIO[WAU( PAD: 451.5' 1.:2! LOT6 79' IUI..OINC CNVCLOP[ LOT4 LOT3 SECTION B-B RCMOYE CXISTINC DfWDM,Y / N-RON ANO OltMWAY, LOT ___ .., 3 TO AELINOUISH ACC£SS FAOlil POWAY"°"° t M' lt-0-W CX. IL.DC TO 11E R(IIO>'[O ---.\ ✓.,,-NEW LOT LfilE I !-----~ I I PMJP. 1' EAS[f«Nl FOR R-0-W PURPOSES $4' A-O-W l ____ _ I I 4.5• S/W2'1.~ -.s«WMJ( CREST ROAD LOT 1 EX. Bl.DC TO '<"°,,,.. -BE REMCNEO PROP. PRIVATE I I ~,:C\'k, I I EASEIICNT : I I '.L-~--L- SECTIONC-C -"EWLOTUHE ~TEf'DICf, ,.-I' ....... HT, PAO: 4!0.~' J. JO' ..... iiiics.i. -~ LOT 1 SECTIOND-D EXlSl1NC ~C::.--..... LOT2 70' 11U1LD1NC CNYELOPE ~:... PAO: 442.0" 1.0,S SLOPE LOT2 \lfGll\'1101711\UfflllVIL~TlVM)171M.IGII.CTJOIO.DIIC PI.OTTDIIICll,/27/JD:IO POWAY ROAD ,.g.,,,~~':"' POWAY ROAD POWAY ROAD ex. SOUND WALL. I /.PROTECT 1\1 PLACE I POWAY ROAD / PROP. S0UHO WALL // PROP. 4.~• TALL AET.MNtlC-i.TO /tlATOi ExrsTN: / EX.D/WAPtlON,TOIIC / rREIIO>'t:0 ANO AEPUCC0 ✓; WITH =~[RCURS SHEET 4 OF 4 SHEETS TTM 18-005 CITY OF POWAY FIRE DEPARTMENT NOTES 1. THIS PfilOJECT IS LOCATED ~ THC YER'I' HtGH flRE Ho\ZMD MCA 0f' THE 0lY MCl IS NEW COHSTIIUCTJON; THEMF'ORC, CN.JfOANA, 8Ul..0eNG COOE CHAPTER 7A ANO POIIAY ~AL CODE 15.24 Will APP\.Y. 2. AU F.-r ~G£TATION WITHN TltE -0 run lrMJOlflCATION ZONE Of' A PARCEL SITE 5HMJ. aE: RfWOl,'£D PMlt TO THE MAHAL 0f' C0li8.ISTl8LE IIMTERW. ON THE PARCEL SITE ANO SHAU IIE _.,MIEO OUAING TltE DURATION or THE PAQJECT UNTN. All ELEMENTS OF ~O f'UCL MOOlf'K:ATION Z0NES AM: INSIALLEO ANO -0. 3. FlM APPMATUS MXCSS M:W>5 StW.L HA\41£ Ml UNOeSTRUCTCD. litPROYCO wmTH Of HOT LESS THAN 20 FEET, EXCEPT SHtt.E-fAlill.Y M:SM)[NTW. 0RN£WAYS S[flWIC NO WORE THAN TWO litf)ft(JVCD PMCCLS CONTAINIHQ DW[L,UttG UNTS SHAU HAVE A lilNllilUM OF 11 FEET Of UH095TRUCTEO IIIPAOYEO WIDTH. IN MOST CASES. Tit[ CJlT or POWAY COHSTRUCTION STANOAIIOS rOA STREETS (CHAPlt:~ 12.20 PWC) Wl.L IIC IIOA£ MSTRICTIIIE. TltE IIOA£ RESTRICTM STANONIO SHALL APPLY. YERJICAL CM:RHCAD CLEARANCl SHAU 8E A -.., or 13 r£ET I INCHt:S. flAE APPARATUS .-CCCSS flCW>S 5tW.L I[ OCSIQCO ANO MNNTAINEO TO SUPPORT THE NilPOSEO LCW>S OF A FIRE APPNIATUS N01 LESS THAN 1,.000 POUNOS. TH£ ruRfrillrtG IUOIIJS OF A FIR£ APPARATUS ACCESS R(W) SKAI.L I[ A MINIMUM Of 21 FEET AS IIEASUR£0 TO THC INSIOC EDCE or Tit[ -IICNT WIDTH DA AS ..,._0 11'1 THC flRC COO[ OFF'ICW.. ◄• THE CIIAOICNT fOR A flM APPARATUS ACCESS IIOIIOWMY StWJ. NOT EXCEED 20 PERCENT. GIIMlES EXCEEOING 15 PEIOCENT (NCUHE OR DECLINE) SHAU IIE COHSTRUCTE0 or POMLANO CEIICNT COCMTE (PCC), wn'H A OCEP 1111'.)()M fNSH P[RP[NtlC\JI.NI' TO THE OIAECTION or TRAVEL, DA E~ENT. TO ENHANCE TRACTION. THE flAE CODE OITICIAL WAY REo.M< AllOfTl0NAl. MITIGATION IIEASURES WHERE HE OR SHE DEEMS APPROl'RIATE. ,i. THE AHCL£ Of OEPAltTUII£ ANO TH[ NtCLE Of APPIIICW)i Of A flM ACCESS RC»rOWAY StW..L NOT £XC££D stYEN DCCREES (12 PEflCENT) OR AS APPRO.'CO 8Y THC FIR£ C00£ OfTK:W.. M.L DEAD-UC> flM ACCESS IQliOS N [ltctSS Of 1 ~ fEET IN LENGTH SHIU 8E PROYIOEO WITH APPACM:O PRCMSION5 THAT AU.OW EMERCCNC'Y APPNIATUS TO TURN AROUND, A CUL-DE-SAC $HN.L BE PROW)[D IN 11£:SM)[HTW. Nl£AS WHERE THE ACCESS rtONJ#AY SEMS M0AC THAN TWO STRUCTURES. THE .....util, UN085TRUCTED PAVED RADIUS WIDTH FOR A CUL-OE-SAC SHAU BE JI FEET IN MSK)[NTW.. ARCA5. I. 9UI.ONCS NC) STMJCT'UMS LOCATED Wl'JtWril A WI.Cl..ANO-IJMNril INTERf"AC[ flM Mi£A SHAU. 8£ S£TBAQ( A .....uM Of' JO fEET fAOII PROPERTY LNES ANO BKl..OGICAl. OPEN SPACE: EAS£MCNTS UNLESS THC PO#AY Wl.NCPH. COOf IIEOUIM:S A GREATER ....aulil. WH[N THE PROPERTY UN[ A8UTS A IICW>\MY, TH[ S£T8'0( SHAU. IIE MEASUIIE0 fAOII THE fAATltEST IIOAOWAY EDCE. 7. THE PflOJECT 51-W.L COIIIPlY WITH SECTION SOC OF TH[ QTY OF POWAY LAN0SCAP[ ANO IRflCATDI OCSIGN 1MNUH.. NC) POWAY MUNCPAL COO£ 1,_24 AS IT REL.Alts TO FUEL IIAIMCfMCNT ANO DEfENSIIILE SPACE. ONE HUNOAE0 r£ET or FUEL -IICNT CONSfSTNG Of 40 FEET Of ZONE A ANO 10 f'[[T Of ZONE B. IS REQUtRED. FUCL MOOFICATION ZOM:S SHALL BE MEASUR£D FIIOM THC EOG[S or TH( PAACCL PAO. TEN FEET or VEGETATION FUEL M00111CATION SHAU II[ _.,MIEO ON 110TH SIDES or ALL DRIVEWAYS. ACW)WAYS THAiT AR£ NOT ALREADY WITHliil A ruEL MANAGEMENT ZONE. MITICATKJN IS RCWRED WHEN 100 fEET r5 NOT ~DWITtlNPAACELLliNTS. THE LESS THAN 100 f'££T StW.J. 9£ IITIGAT£0 IIY THE EXISTNG 0CV£LCIPMENT 5UMOUN01NC THE Pfil0P0SEO PM)J[C'T ANO ALL MOS WITHIN PROJECT. ANO WITl·IN EACH PARCEL, 5H,,tU MEET ZONE A M0UtRCM£NTS. a. THE LANllSCAPE PINI AEo.M<S A SEPAAATE LAN0SCAPE ANO IRRICATtON PLANS SUl!IWITTAL PR£PM£0 P1JRSUAHT TO TH£ CITY Of POWAY LANllSCAPE ANO IRAIGATION DESICN _,.. AEo.M<IICNTS. TH[R[ IS A SEPARATE F'f.E FOlt Tt9S PLAN CHCCK MO IHSP£CTK)N SCfMCES. TH£ APPLICANT SHH.L SU8MIT MD IIECEM: SICHED APPIIO\IAL or LANllSCAPE ANO IAtllCATION PIMS PA10II TO ISSUNICE Of'THE !UI.DeNCPEMilll. 11. EACH LOT OF' THE SU80MSK)N WU BE REOUIRCD TO HAYE A -,y 1-NCH SERIIICE LATERAL rROII TltE SERIIICE -TO THE WATER METCR. PREPARED FOR PRO-TEC. LLC CHRISTAIN C. LIN-BURNS & JOANNE LIN 13I00 KIRKHAM WAY. SUITE #203 POWAY, CA 92064 PHONE: (818)204-0808 PREPARED BY· I 0~111 BILL YEN & ASSOCIATES, INC OD \J CIVIL ENGINEERING· SURVEYING· SITE PLA~NING 13071 POWAY ROAD, POWAY,Ct\9206-4~:119 (ll.Slj:) 6i9-SOIO EMAIL: billytnaHocia11u@~1n.iil.c(lm -a1.;;{!: 7'-m 1/27/2020 WN.LIAN 'ltN, AC't 33730 DATE W01719 December 15, 2020, Item #12DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway December 15, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services~ Oda Audish, Associate Planner cJ/A--(858) 668-4661 or oaudish@poway.org CITY COUNCIL Tentative Parcel Map 20-001, A request for approval of a third one-year time extension for a previously approved subdivision The City Council's approval of Tentative Parcel Map (TPM) 08-002, known as the Knox Lot Split project, and subsequent two one-year extension requests (TPM 18-001 and TPM 19-002) was set to expire on November 1, 2020. Prior to the expiration date, the applicant requested a third one-year time extension to allow for additional time to complete the processing requirements for a Final Map. This project will be deemed expired unless the requested time extension is approved. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: The project site is a 2.2-acre property located at 12251 Sunwood Trail, in the Rural Residential C (RR-C) zone. The project location and zoning map is included as Attachment B. The project site currently contains one single-family residence. On November 1, 2016, the City Council approved TPM 08-002, a two-lot residential subdivision of the project site, and Resolution P-16-27 (Attachment C). The northerly of the two proposed lots would contain the existing residence. TPM 08-002 was approved by the City Council for two years pursuant to the Poway Municipal Code (PMC), and within that time the applicant is required to process and receive approval of a Final Map from the City Council. The expiration date was incrementally extended to November 1, 2020 as a result of two one-year time extensions granted by the City Council under the provisions of Section 16.10.080 of the PMC (TPM 18-001 and TPM 19-002). The PMC allows for a total of five one-year time extensions. The application for this time extension was submitted prior to the expiration date of the application and therefore the time extension can be granted. 1 of 19 December 15, 2020, Item #12The applicant needs additional time to complete the Final Map process. The applicant is requesting City Council approval of a third one-year extension. All the findings and Conditions of Approval from City Council Resolution P-16-27 will remain in full force and effect. The project will be required to comply with all current regulations for landscaping and stormwater requirements. No new Conditions of Approval are recommended. With approval of this extension request, the TPM approval will be extended to November 1, 2021. Environmental Review: This time extension is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the CEQA Guidelines in that this action has no possibility of an effect on the environment. Environmental review was conducted pursuant to CEQA in conjunction with the original approval. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, December 3, 2020 and mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Resolution P-16-27 Reviewed/ Approved By: wendyaserman Assistant City Manager 2 of 19 Reviewed By: Alan Fenstermacher City Attorney Approved By: c* City Manager December 15, 2020, Item #12RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 20-001; A THIRD ONE-YEAR TIME EXTENSION OF THE APPROVAL FOR TENTATIVE PARCEL MAP 08-002 ASSESSOR'S PARCEL NUMBER (APN): 317-200-26 WHEREAS, on November 1, 2016, the City Council approved Tentative Parcel Map (TPM) 08-002, for a two-lot subdivision of an approximately 2.2-acre property located at 12251 Sunwood Trail in the Rural Residential C (RR-C) zone; WHEREAS, on November 7, 2018, the City Council approved TPM 18-001, under the provisions of Section 16.10.080 of the Poway Municipal Code (PMC), which resulted in a one-year time extension extending the expiration date of the Tentative Parcel Map to November 1, 2019; WHEREAS, on November 19, 2019, the City Council approved TPM 19-002, under the provisions of Section 16.10.080 of the PMC, which resulted in a second one-year time extension extending the expiration date of the Tentative Parcel Map to November 1, 2020; WHEREAS, Bill Yen, Inc., (Applicant), on behalf of DKK Family Trust 03-21-04, (Property Owner) submitted on October 12, 2020 a request (TPM 20-001) pursuant to Section 16.10.080 of the PMC for a third one-year extension of the project approval which automatically extends the expiration date by 60 days, to January 1, 2021 (Government Code 66452.6(e)); and WHEREAS, on December 15, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: This time extension is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the CEQA Guidelines in that this action has no possibility of an effect on the environment. Environmental review was conducted pursuant to CEQA in conjunction with the original approval of the project. SECTION 2: City Council Resolution P-16-27 remains in full force and effect, except that a time extension for the approval is hereby granted by the City Council. The time extension for approval shall be for one year from November 1, 2020 to November 1, 2021. SECTION 3: 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. 3 of 19 ATTACHMENT A December 15, 2020, Item #12Resolution No. 20-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of December, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 4 of 19 December 15, 2020, Item #12N $ 0 87.5 175 350 ,___~--.__•--.________.j Feet 5 of 19 RS-1 Subject Location: ,A,e--12251 Sunwood Trail APN: 317-200-26 CITY OF POWAY Zoning I Location Map Item: TPM 20-001 ATTACHMENT 8 December 15, 2020, Item #12RESOLUTION NO. P-16-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 08-002, AND UNDERGROUND WAIVER 16-002 ASSESSOR'S PARCEL NUMBER 317-200-26 WHEREAS, a request for a two-lot subdivision of a 2.2-acre parcel located at 12251 Sunwood Trail, in the Rural Residential C (RR-C) zone and a request to waive the requirement to underground existing overhead utilities, submitted by Bill Yen, Applicant, on behalf of DK K FAMILY TRUST 03-21-04, Property Owner; WHEREAS, on November 1, 2016, the City Council held a public hearing on the above-referenced item; 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 subdivision of the property is Categorically Exempt from the California Environmental Quality Act (CEQA), as Class 15 Categorical Exemption, Section 15315 of the CEQA Guidelines, in that it 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. Biological impacts related to this activity are adequately addressed by and consistent with the City of Poway's Subarea Habitat. Conservation Plan (PSHCP), companion Implementing Agreement dated June 1996, and associated Mitigated Negative Declaration. Section 2: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. Seq.), for Tentative Parcel Map (TPM) 08-002 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 and improvement of the proposed subdivision are 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 topography of the site provides for two lots with a building pad each. 6 of 19 ATTACHMENT C December 15, 2020, Item #12Resolution No. P-16-27 Page 2 D. That the site is physically suitable for the proposed density of development in that the site is large enough to provide two lots that meet the required shape and· dimension. 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 has been designed to comply with the Poway Subarea Habitat Conservation Plan (HCP) and mitigation for limited impacts is consistent with that plan. F. That the design of the iot division is not likely to cause serious public health problems in that City water service is available to the site and preliminary documentation has been submitted that the lots can be adequately served by septic waste disposal systems. 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 future development of single-family residences on the site can be accommodated without obstructing or otherwise impacting existing or new easements. Section 3: Pursuant to the HCP, a biological resources report, dated June, 2015 and revised December 2015, was prepared for the property by Hernandez Environmental Services. The report found that the site contains approximately 0.16 acres of disturbed Diegan Coastal Sage Scrub (DCSS) habitat. The proposed project will impact approximately all (0.13 acres) of Diegan Coastal Sage Scrub habitat on site. The proposed project complies with the HCP and the HCP Implementing Agreement. In accordance with the HCP, the required findings for approval of the proposed mitigation for the removal of natural habitat for the project are as follows~ A. The mitigation is consistent with, and furthers the implementing objectives o( the Poway Habitat Conservation Plan in that the applicant will mitigate the removal of 0.13 acres of disturbed DCSS at a 1 :1 ratio through the recordation of an off-site Biological Conservation Easement (BCE) within the Mitigation Area or the payment of an In-Lieu Fee at a rate established by the City. B. Off-site habitat mitigation or the cash in-lieu payment will go towards the purchase of mitigation habitat within the Mitigation Area and will enhance the long-term viability and function of the preserve system. C. The mitigation will be to the long-term benefit of the covered species and their habitats in that an off-site BCE within the Mitigation Area will be recorded or a cash In-Lieu Fee will be paid to go towards the purchase of land that will have undisturbed habitat on which a BCE will be recorded. Said land will promote a 7 of 19 December 15, 2020, Item #12Resolution No. P-16-27 Page 3 meaningful addition to the assembly of a viable regional system of interconnected natural habitat resources, habitat linkages, buffers, and wildlife corridors. D. The mitigation shall foster the incremental implementation of the Poway HCP in an effective and efficient manner in that any off-site conservation area is required to be within an identified Mitigation Area within the City. E. The mitigation will not result in a negative fiscal impact with regard to the successful implementation of the Poway Habitat Conservation Plan. Section 4: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows: A. The design and improvements of the proposed development are 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. The construction of public improvements is needed as a result of the proposed development to protect the public health. safety and welfare as identified below: 1. Public water improvements and related appurtenances connecting to the public water main located in Boulder View Drive. 2. Dedications of easements for the proposed public water line shall be granted prior to t11e final map. C. In accordance with the Poway General Plan, the project requires 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 5: The City Council hereby approves Underground Waiver (UW) 16-002 and waives the requirement for undergrounding the existing onsite utility pole and existing overhead service extending to the off-site pole to the north to remain on the site, pursuant to City Council Resolution 91-003. The existing overhead utility connections serving the existing residence shall be relocated underground to the nearest pole. Section 6: The City Council hereby approves TPM 08-002 as shown on the approved plans on file with the City, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this 8 of 19 December 15, 2020, Item #12Resolution No. P-16-27 Page 4 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, including1 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 map must be changed to reflect the actual conditions. Any substantial changes to the approved TPM, prior to Parcel Map approval, must be approved by the Director of Development Services and 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. E. Within 30 days of this approval the applicant shall submit in writing that all conditions of approval have been read and understood. F. A Minor Development Review Application shall be approved for a new house and site design on Parcel 2; including, but not limited to, grading, site plan and building elevations, incorporating all conditions of approval, through the Planning Division. G. Prior to Parcel Map approval, 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. 9 of 19 December 15, 2020, Item #12Resolution No. P-16-27 Page 5 2. Private utility service and access easements are to be reserved on the final map. 3. The property owner shall sign and record a deed covenant not to oppose and contribute to the future undergrounding of existing overhead utilities. The existing overhead utility connections serving the existing residence shall be relocated underground to the nearest pole. Approval of UW 16-002 allows the existing onsite utility pole and existing overhead service extending to the off-site pole to the north to remain on the site. 4. The existing water service to the property shall be relocated so that it fronts Parcel 2. 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. 5. The applicant shall install a City approved sewer odor control system on the existing sewer lift station to prevent excessive odors in the public system. 6. Applicant shall enter into a Private Street Maintenance Agreement for the private road within the subdivision. The form and content shall be in a form satisfactory to the City Attorney. The applicant shall also enter into a private street maintenance agreement for Sunwood Trail. 7. The access road and proposed driveway serving the existing structure shall be paved in accordance with fire department requirements. The area of impervious pavement shall be less than 5,000 square feet. The installation of impervious pavements totaling 5,000 square feet or more would require additional permits1 reports, and storm water management improvements. 8. 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 subdivider1s responsibility to provide a reproducible mylar copy to the City.) 9. The applicant shall pay the drainage impact development fee in effect at the time of subdivision. Listed below is the current applicable fee: $1,200 Beeler Canyon Basin 10 of 19 December 15, 2020, Item #12Resolution No. P-16-27 Page 6 10. The project requirements for fire protection call for the installation of one or more fire hydrants and expansion of the public water system necessary to support the installation of the hydrants. A water system analysis is required for final design of the proposed public water system expansion. Applicant shall pay for the cost of preparing the analysis prior to submittal of improvement plans. 11. A Public Improvement plan shall be submitted per Municipal Code requirements to the Department of Development Services1 Engineering Division. Improvement design should be 100% complete at time of submittal and should include the following Public Improvements: a. Public water improvements and related appurtenances connecting to the public water main located in Boulder View Drive. b. Easements for the proposed public water line shall be recorded prior to the final map. 12. The public improvement plan for water shall be approved. The applicant shall enter into a Standard Agreement for public improvements for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for public improvements and monumentation. 13. The applicant shall pay the fee for plan check review of the final map in effect at the time of subdivision. The current applicable fee is $1,100.00 per sheet of the final map. 14. All stormwater facilities shall be operational. and all reports1 operation & maintenance plans, and agreements shall be signed, and recorded as applicable, including the final Storm Water Quality Management Plan (SWQMP), final Storm Water Facilities Maintenance Agreement (SWFMA) and the final Operations and Maintenance plan prior to occupancy or final map approval, whichever comes first. This includes all portions of the private road, on both proposed parcels. All signed documents shall also be provided to the city on Adobe Acrobat PDF format, with file sizes less than 1 O megabytes. H. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 11 of 19 December 15, 2020, Item #12Resolutlon No. P-16-27 Page 7 2. Submit a precise grading plan for the development of the lot prepared on a City of Poway standard sheet at a scale of 1" = 20\ unless otherwise approved by the City project engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100 percent complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the Poway Municipal Code shall be submitted. 3. A drainage study addressing the impacts of the 100-year storm event prepared by a registered Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer. 4. Water Quality Control -Design and Construction The project shall comply with the City's stormwater requirements. The project is considered a Priority Development Project and will be subject to the Standard Urban Stormwater Management Plan as outlined in the Poway Municipal Code. A Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code. b. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in section 16.104 of the Poway Municipal Code. 5. Grading securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City prior to grading plan approval. A minimum cash security of $2,000 is required in all instances. 6. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing or grading. As a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer, and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. 12 of 19 December 15, 2020, Item #12Resolution No. P-16-27 Page 8 7. Following approval of the grading plans, posting of securities and fees, and receipt of five copies of the approved plans, the applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. (Planning) 8. Prior to issuance of a Grading Permit or an Administrative Clearing Permit, whichever comes first, associated with the development of the site or construction of a new singfe-family home on Parcel 2, the applicant shall mitigate impacts to 0.13 acres of disturbed Diegan Coastal Sage Scrub at a 1: 1 ratio. This mitigation can be satisfied by establishing an off-site Biological Conservation Easement over 0.13 acres of similar habitat located within the Mitigation Area of the Poway Subarea HCP or through payment into the Citis Habitat In-Lieu Fee account. The current rate is $17,000 per acre. 9. In accordance with Condition H of the Poway HCP Incidental Take Permit, a take of active California gnatcatcher nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July 1, is not permitted. Coastal sage scrub, which is a habitat used for nesting by the California gnatcatcher, exists on the project site and within 500 feet of the project site. Therefore, grading and removal of habitat during this time frame will only be permitted subject to the following conditions having been met to the satisfaction of the Director of Development Services. 13 of 19 The applicant is hereby advised that, during grading, if active nests are found within 500 feet of the grading, the grading activity shall be stopped until such time as mitigation measures, to the satisfaction of the City and the United States Fish and Wildlife Service (USFWSI) are implemented. There is no guarantee that grading will be allowed to resume during nesting season. Before issuance of a Clearing/Grading Permit, if grading or clearing is to occur between February 15 and July 1, the applicant shall provide to the Planning Division a letter from a qualified biologist retained by the applicant, with a scope of work for a CSS habitat and Gnatcatcher Survey, and a report for the area to be cleared and/or graded and CSS habitat areas within 500 feet of such area. The biologist shall contact the USFWS to determine the appropriate survey methodology. The purpose of the survey is to determine if any active gnatcatcher nests are located in the area to be cleared or graded, or in CSS habitat within 500 feet of such area. To be considered qualified, the biologist must provide the City with a copy of a valid Gnatcatcher Recovery Permit from the USFWS. December 15, 2020, Item #1214 of 19 Resolution No. P-16-27 Page 9 The scope of work shall explain the survey methodology for the biological survey and the proposed gnatcatcher nest monitoring activities during the clearing/grading operation. Should the report show, to the satisfaction of the Director of Development Services, that gnatcatcher nests are not present within the area to be graded/cleared, or within CSS habitat located . within 500 feet of said area, approval may be granted to commence clearing/grading within the gnatcatcher nesting season from February 15 through July 1 . If gnatcatchers are nesting within the area to be graded/cleared, or within CSS habitat located within 500 feet of said area, no grading will be allowed during this time until such time as mitigation measures, to the satisfaction of the City and the USFWS are implemented. The biologist must attend the City's pre-construction meeting for the project and must be present onsite during all clearing/grading activities to monitor that the clearing/grading activities stay within the designated limits. During this period, the biologist shall also monitor and survey the habitat within the area to be cleared/graded and any habitat within 500 feet of said area for any evidence that a gnatcatcher nest(s) exists or is being built. Weekly monitoring summaries shall be submitted to the Planning Division. Should evidence of a gnatcatcher nest(s) be discovered, the grading operation shall cease in that area and be directed away from the gnatcatcher nest(s) to a location greater than 500 feet away from the nest(s). If grading is required to stop due to the presence of active nests, the applicant shall be required to provide erosion control, to the satisfaction of the City Engineer. This paragraph must be included as a note on the cover sheet of the clearing/grading plan. At a minimum, all protected biological areas, as shown on the grading plan, shall be staked by a licensed surveyor and delineated with lathe and ribbon. The applicant shall have said staking inspected by the Engineering Inspector prior to any grading, clearing or grubbing. A written certification from the engineer of work, or a licensed surveyor, shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. The biologist shall provide the City with written confirmation that the limits of clearing/grading are in accordance with the project's Biological Resource Assessment. Upon completion of the clearing/grading activities. the applicant's biologist shall submit to the Director of Development Services a biological monitoring report summarizing the observations of the biologist, including whether any gnatcatchers or evidence of active gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area. December 15, 2020, Item #12Resolution No. P-16-27 Page 10 10. Grading shall be consistent with the concept grading shown on the approved TPM. Pad elevation changes more than +/-two feet shall require City Council approval as a TPM revision. 11. Landscape and irrigation plans shall be submitted prior to issuance of Grading Permit and approved prior to the issuance of the Building Permit. The project site shall be landscaped and irrigated in compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC, and/or any other applicable standards/policies in effect at the time of landscape and irrigation plan check submittal. The landscape and irrigation plan submittal is a separate submittal from other project plan check submittals, and is made directly to the Planning Division. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. I. Prior to Building Permit issuance for any future development the applicant is required to comply with the following: (Engineering) 1. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading of lots shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 2. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 3. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a. Three copies of certification of line and grade for the lot, prepared by the engineer of work. b. Three copies of a soil compaction report for the lot, prepared by the project1 s geotechnical engineer. The certification and report are subject to review and approval by the City. 4. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 15 of 19 December 15, 2020, Item #12Resolution No. P-16-27 Page 11 5. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. The following is a list of the currently estimated fees due for Parcel 2: a. b. C. d. Water (1" Meter) Traffic Park Fire Apparatus $5A48 $2,357 $4,562 $122.03 There is also a required fee to the San Diego County Water Authority in the amount of $71744 for a one-inch meter. 6. The building plans shall call out a City approved sewer odor control system to be installed on the proposed sewer lift station to prevent excessive odors in the public system. (Planning) 7. A Minor Development Review Application shall be required for a residence on Parcel 2. 8. Applicable school fees in effect at the time of Building Permit issuance shall be paid to the Poway Unified School District (PUSD). 9. The developer is advised that, pursuant to PMC 17.26.100 through 17 .26.300, single-family residential development shall provide that 15 percent of the units created shall be affordable to low-income households. The developer of for-sale housing may, in lieu of providing required inclusionary housing onsite or offsite, pay an Affordable Housing In-Lieu Fee to the City in accordance with the provisions of the referenced Section prior to issuance of a Building Permit. J. Prior to issuance of a Certificate of Occupancy the applicant is required to comply with the following: (Engineering) 1. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 2. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. 16 of 19 December 15, 2020, Item #12Resolution No. P-16-27 Page 12 3. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 4. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to the streets caused by construction activity from this project. 5. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.1308 of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. At least three weeks prior to a request for occupancy is recommended. 6. The applicant shall install a City approved sewer odor control system on the proposed sewer lift station to prevent excessive odors in the public system. K. The following requirements shall be completed to the satisfaction of the Director of Safety Services: 1. The applicant is required to meet all applicable Poway Municipal Code and California State Fire and Building Codes for this project. The applicant is encouraged to contact the Division of Fire Prevention at (858) 668-4470 to set up a meeting prior to submitting building plans in order to review project requirements. 2. This project shall comply with all current, applicable codes including the PMC and its adoption of the California Building Code, California Fire Code1 California Residential Code and International Wildland-Urban Interface Code. 3. This project is located within the Very High Fire Hazard Area of the City and is new construction; California Building Code Chapter 7A and Poway Municipal Code 15.05 will apply. 4. 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. Access roadways shall have an all-weather driving surface, a roadway interior turning radius of not less than 28 feet, an outside turning radius of not less than 45 feet, and capable of supporting the imposed loads of fire apparatus with a minimum of 13 feet, six inches of vertical clearance. Cul-de-sac turnarounds shall be a minimum of 76 feet in diameter. The Fire Chief, pursuant to the Poway Municipal Code, shall approve the road surface 17 of 19 December 15, 2020, Item #12Resolution No. P-16-27 Page 13 type. Access road grades cannot exceed 20 percent. The angle of departure and the angle of approach of a fire access roadway shall not exceed ?-degrees (12 percent). Dead-end access roadways in excess of 150 feet long shall be provided with approved provisions for turning around of Fire Department apparatus. 5. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings will be constructed. A water analysis shall be performed to establish the adequacy of the existing water main and all necessary system design to serve the project. Costs of the water analysis shall be the responsibility of the applicant. 6. Fire hydrant(s) shall be located within 500 feet when any portion of the building to be protected is on a parcel of one acre or greater. A fire hydrant shall be located within 350 feet when any portion of the building to be protected is on a parcel of less than one acre. Fire hydrant flow shall exceed a minimum of 750 GPM with a residual flow pressure of 20psi. The water flow velocity is not to exceed 15 feet per second and be capable of providing uninterruptible flow capacity. 7. All new structures will require installation of a NFPA-compliant fire sprinkler system with no less than a one-inch water meter and one-inch service lateral. 8. The project shall comply with Section Six of the City of Poway Landscape and Irrigation Design Manual and Chapter 15.05 PMC as it relates to fuel management and defensible space. One hundred feet of fuel management consisting of 40 feet of Zone A and 60 feet of Zone B, is required. Mitigation is required where 100 feet of fuel management cannot be achieved within the parcel boundaries. Ten feet of vegetation fuel modification shall be maintained on both sides of driveway and access roadways within parcel limits. The landscape plan requires a separate landscape and irrigation plans submittal prepared pursuant to the City of Poway Landscape and Irrigation Design Manual requirements. There is a separate fee for this plan check and inspection service. The applicant shall submit and receive signed approval of landscape and irrigation plans prior to the issuance of the Building Permit. Section 7: The approval of TPM 08-002 and UW 16-002 shall expire on November 1, 2018, at 5:00 p.m. The Final Map conforming to this conditionally approved Tentative Parcel Map shall be filed with the City so that the City may approve the Final Map before this approval expires, unless at least 90 days prior to the expiration of the Tentative Parcel Map, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. 18 of 19 December 15, 2020, Item #12Resolution No. P-16-27 Page 14 Section 8: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 1st day of November, 2016. ATTEST: , City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) ~--?--~------Steve Vaus1 Mayor I, Nancy Neufeld, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P-16-27 was duly adopted by the City Council at a meeting of said City Council held on the 1st day of November 2016, and that it was so adopted by the following vote: AYES: LEONARD, GROSCHi MULLIN, CUNNINGHAM, VAUS NOES: NONE ABSENT: NONE Q.lSQUALIFIED: NONE , City Clerk City of Poway 19 of 19 December 15, 2020, Item #13DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway December 15, 2020 Honorable Chairman and Members of the Housing Authority Robert Manis, Director of Development Services ,fJ{l Craig Ruiz, Economic Development Administrator cruiz@poway.org, 858-668-4509 Marie Sanders, Senior Management Analysa ~ msanders@poway.org, 858-668-4637 "'1 CITY COUNCIL Request for Qualifications for Development of the Monte Vista Affordable Housing Site On September 1, 2020, Councilmember Mullin brought forward a request for Council consideration that staff prepare a Request for Proposals for an affordable housing project. The desired project would consist of low-income residential units with approximately half of the units designed for developmentally disabled adults and the remaining units targeted for veterans. While three housing sites were discussed, it was determined that the requested proposals would be limited to the Monte Vista Road property owned by the Poway Housing Authority. The City Council also requested that staff return with a draft of the Request for Proposals prior to releasing the document. Recommended Action: It is recommended that the City Council provide input on the Request for Qualifications and direct staff to send the document to interested parties. Discussion: The Poway Housing Authority owns three prospective sites for affordable housing: Monte Vista, Twin Peaks and Big Stone Lodge. At their September 1, 2020 meeting, the City Council directed staff to develop a Request for Proposals (RFP) for the Monte Vista Site (Site). The Council requested that the project contain low-income residential units for developmentally disabled adults and military veterans. The Council further directed that the RFP be general in nature to encourage a broad range of proposals. The City Council requested that they be given the opportunity to review the RFP prior to the issuance of the document. The Monte Vista housing site is included in the City's Regional Housing Needs Assessment (RHNA) in the Housing Element of the General Plan. The site is identified as providing 41 low income units. As 1 of 13 December 15, 2020, Item #13such, the RFQ is requiring that submitted proposals contain at least that many units. Typically, an affordable housing RFP requires significant detail for staff to review in order to determine the feasibility of the development. RFP's are generally time consuming for an applicant to prepare and have significant costs associated with them. When initially preparing the RFP, staff attempted to balance the Council's direction for generalization with the inherent specificity of a typical RFP. To best meet the City Council direction to not cause an undue burden on respondents and to receive the greatest number of responses, staff is recommending a two-step process. The solicitation will consist of two rounds, a Request for Qualifications (RFQ) followed by an RFP. The RFQ will be shorter and less detailed, providing a high-level summary of the proposal. Qualified developers with a demonstrated ability to finance, design, build and manage affordable rental housing will be encouraged to submit their proposals. Only those respondents that best meet the RFQ requirements may be invited to participate in the RFP. This two-step approach was successfully utilized by the City in selecting a developer for the Town Center/Poway Commons development. The RFQ will require respondents to provide a detailed description of the proposed conceptual project, information on relevant project team experience and project financing and timing. This level of information will provide enough detail for a review committee to rank project concepts and determine which respondents will advance to the RFP round of the solicitation. The RFP round would include a small number of the highest qualified respondents who would then provide the necessary level of project detail (including a conceptual design) for staff to determine who best satisfies the objectives expressed by the City Council, as well as provides a desirable development project and financial return for the Poway Housing Authority. Staff would then present the evaluation results to the City Council and Housing Authority Board, as appropriate, to make the final selection decision. If the City Council concurs, staff anticipates the following RFQ/RFP schedule: Issuance of RFQ Tour of the Site Deadline for RFQ Submittals Review and Evaluation of RFQ Submittals; Selection of Round Two Respondents Issuance of RFP for those invited to participate in Round Two Deadline for RFP Submittals Review and Evaluation of RFP responses (including interviews); Review Committee recommendation Housing Authority Board to consider proposed Exclusive Negotiating Rights Agreement with preferred Respondent Environmental Review: January 4, 2021 January 13, 2021 2:00pm PST January 27, 2021 5:00pm PST February/March 2021 April 2021 April/May 2021 5:00pm PST May 2021 June 2021 This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: None 2 of 13 December 15, 2020, Item #13Public Notification: None. Attachments: A. Draft Request for Qualifications -Monte Vista Road Project Site Reviewed/ Approved By: Wend aserman Assistant City Manager 3 of 13 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager December 15, 2020, Item #13REQUEST FOR QUALIFICATIONS AFFORDABLE HOUSING DEVELOPMENT OPPORTUNITY MONTE VISTA ROAD PROJECT SITE 4of 13 Poway Housing Authority 13325 Civic Center Drive Poway, CA 92064 Contact Information: Marie Sanders, Senior Management Analyst Poway Housing Authority (858) 668-4637 I msanders@poway.org ATTACHMENT A December 15, 2020, Item #13I. INTRODUCTION II. THE DEVELOPMENT SITE Table of Contents 3 3 Site Description ................................................................................................................................ 3 Proposed Project ............................................................................................................................. 4 Ill. GOALS AND OBJECTIVES 4 High-Quality Development ............................................................................................................. 4 Sustainable & Energy Efficient ....................................................................................................... 4 Affordability Requirements ............................................................................................................ 4 Timeline ............................................................................................................................................. 5 Eligible Developer Respondents .................................................................................................... 5 IV. SUBMITTAL REQUIREMENTS 5 Submittal Overview ......................................................................................................................... 5 Qualifications and Proposal Content ............................................................................................ 5 V. SELECTION PROCESS AND CRITERIA 7 Evaluation Criteria ........................................................................................................................... 7 Award Procedures ........................................................................................................................... 7 Tentative Timeline ........................................................................................................................... 9 VI. SUBMISSION PROCEDURES VII. ADDITIONAL INFORMATION EXHIBIT A Poway Housing Authority -Request for Qualifications of ~nte Vista Project Site 9 9 10 2 December 15, 2020, Item #13REQUEST FOR QUALIFICATIONS AFFORDABLE HOUSING DEVELOPMENT 12674 Monte Vista Road I. INTRODUCTION The Poway Housing Authority (Authority) issues this solicitation to seek project proposals for a housing site (Site) located on Monte Vista Road. Depending on responses received, the Authority could select a development team to design, finance and build an affordable rental housing development on the 2.06-acre Site (Exhibit A). Development of the Site will be designed as affordable rental housing with approximately half of the units designed for developmentally disabled adults and the remaining units targeted for veterans. The housing product type will be designed within the parameters established by allowable densities, height limits, parking, vehicular access, soils conditions, and other development requirements of the Site, and must contain a minimum of 41 units. The Authority owns the Site. This solicitation will consist of two rounds, this Request for Qualifications (RFQ) followed by a Request for Proposals (RFP). Qualified developer Respondents (Respondents) that meet RFQ requirements and demonstrate their ability to finance, design, build and manage affordable rental housing are encouraged to submit their qualifications. Only those Respondents that meet RFQ requirements may be invited to participate in the RFP. II. THE DEVELOPMENT SITE Site Description The Site is illustrated in the map attached as Exhibit A. The property is approximately 2.06 acres and located on the north side of Monte Vista Road, east of Pomerado Road (APN 317-490-69-00). The Site is vacant and is currently leased on a month-to-month basis to a local auto dealership for inventory storage. The Authority asks that prospective Respondents respect the privacy of existing tenants and not visit the Site. A tour of the Site is scheduled for Wednesday, January 13, 2021. Please refer to the "Additional Information" section of this RFQ for specific tour information. The Site is zoned Commercial Office (CO) with an affordable housing overlay zone (AHOZ). The AHOZ allows a residential density of up to 30 dwelling units/acre for the development of low-income affordable housing (at or below 80% of the area median income). The development standards applicable to the AHOZ are the development standards of the Residential Apartment (RA) zone, which are found in Chapter 17.08 of the Poway Municipal Code. While the height limit in the RA zone is 35 feet and 2 stories, it is possible that the City Council could allow 3 stories within the 35-foot height limit. The Site is identified in the Regional Housing Needs Assessment that is part of the Housing Element of the Poway General Plan. The Site is identified as accommodating 41 low-income units and the Authority requires that at least that number be developed. The Site is vacant and improved only with paving as a parking lot. The property is currently enclosed with temporary chain-link fencing and contains areas of non-native/ornamental vegetation (primarily Poway Housing Authority -Request for Qualifications of ~nte Vista Project Site 3 December 15, 2020, Item #13pepper trees). The property slopes from an elevation of 634 feet above mean sea level (MSL) at the west end driveway entrance to an elevation of 650 feet above MSL along the easterly property line. Surrounding uses to the Site include an office building to the west, a private school to the south, across Monte Vista Road, and an acute care facility to the east. Pomerado Hospital is directly to the north of the Site. A heliport for the hospital is located approximately 90 feet from the northwest corner of the property. An avigation easement was granted to the hospital in 2010 that prohibits buildings structures, or vegetation on the Site to project above an elevation of 683 feet above MSL. The City has several documents pertaining to the Site and/or a previously proposed project for the property, including: • Phase I Environmental Assessment Report • Acoustical Site Assessment • Drainage Study • Federal Aviation Administration Aeronautical Study These files will be made available for view and download prior to RFQ issuance. Proposed Project The Site must contain at least 41 low-income rental units at rates consistent with California Health and Safety Code Section 50053. The project must be designed with at least half the units designated for developmentally disabled adults with the remaining units targeted for veterans. The Authority will provide the land either through a sale/transfer or a land lease under terms of a Disposition and Development Agreement to be negotiated with the selected developer. Soils conditions, site access and compatibility with the surrounding area are expected to be primary factors affecting the product type and ultimate unit count. Ill. GOALS AND OBJECTIVES The Authority's goal is to use the Site in a manner that results in the production of affordable housing, in accordance with State law. The Site is required to be developed for the purpose of creating affordable housing in compliance with California Health and Safety Code Section 34176.1. High-Quality Development Development of the Site must include high-quality design, materials and construction. The architectural character must meet community expectations and should be attractive and compatible with the character of the neighborhood and larger Poway community, both aesthetically and functionally, and consistent with land use and zoning requirements. Sustainable & Energy Efficient In addition to being high-quality, the Authority expects the development to achieve sustainability and energy efficiency goals that meet or exceed the minimum requirements of the State of California Building Code. Affordability Requirements All units shall be affordable to lower-income households at rates consistent with California Health and Safety Code Section 50053. Income levels are defined using the income limits published by the California Department of Housing and Community Development (HCD) for extremely low, very low, Poway Housing Authority -Request for Qualifications ,~;;ii9 of ~nte Vista Project Site 4 December 15, 2020, Item #13and low-income households in San Diego County. The length of the affordability term shall be no less than fifty-five (55) years. Timeline Depending on submittals received, the Authority could select a Respondent at any time and immediately start negotiations. Submittals will be judged on the practicality and the Respondent's demonstrated ability to adhere to time schedules. Eligible Developer Respondents Eligible Respondents under this solicitation may include one entity or a team of several entities, including any of the following: affordable housing developers, joint ventures, resident services providers, or other service agencies. Respondents that include several entities must identify a lead entity which has demonstrated experience and capacity in the development and management of affordable housing, and must have successfully completed affordable projects of similar size and complexity as the proposed project within the past five years, preferably within San Diego County, to be eligible to submit a proposal. IV. SUBMITTAL REQUIREMENTS Submittal Overview The Authority reserves all rights with regard to this solicitation, including but not limited to the right to amend or modify this solicitation, reject all proposals, extend any dates, or, subject to an approved conveyance instrument, to initiate negotiations with the next most preferred Respondent if negotiations with the preferred Respondent do not result in an agreement. Should the Authority not receive qualified proposals of interest by a submittal deadline, it reserves the right to extend that deadline until qualified proposals of interest are received. Respondents are responsible for ensuring submittals are received by the Authority. All materials submitted during any part of the selection process becomes the property of the Authority. The Respondent may designate portions of its submittals, which contain proprietary data as "confidential", but the Authority cannot guarantee that it will be able to enforce such confidentiality. The Authority shall not be responsible for any costs and/or obligations incurred by and/or on behalf of a potential Respondent in preparing, submitting, or otherwise participating in any part of this RFQ, the selection, documentation, or the development process in its entirety. The Authority reserves the right to request clarification or additional information from Respondents. Information included in this RFQ is believed to be accurate but should be independently verified by potential Respondents prior to being relied upon. Qualifications and Proposal Content Submittals shall be comprised of five (5) copies of complete Respondent submission and one electronic copy encompassing all submission materials (e.g. flash drive). Any confidential/proprietary information must be placed in a separate sealed envelope, clearly labeled, if applicable. The evaluation and selection process will include two rounds, as follows: • Round One -Respondents shall provide all information requested below. A committee, comprised of City and Authority Staff and City consultants (the "Review Committee"), will Poway Housing Authority -Request for Qualifications 1;;;:;;~, of ~nte Vista Project Site 5 December 15, 2020, Item #13evaluate each response, after which some or all Respondents may be invited to participate in Round Two. • Round Two -An RFP will be issued to those Respondents selected to participate in Round Two and will be notified via email. The RFP may include, but is not limited to, fully developed design concepts, additional submittals, financing strategies and proformas, as well as an in-person interview. For the Submittal, at a minimum, please include the following information for Round One of the solicitation process: 1. Letter of Introduction: Include a summary of the Respondent's basic qualifications, experience, past projects of similar nature and size, and reason for interest in this opportunity. The letter must be signed by a principal or authorized officer including a statement that the officer may make legally binding commitments for the entity. 2. Detailed Description of Proposed Conceptual Project: Include sufficient detail and definition of concept to give the Review Committee enough information to have an idea of what the final development could contain and look like from a proposed architectural standpoint. Supporting market data and collateral materials may be submitted to support the proposed concept. The preferred method of Site control (lease vs. acquisition) must be outlined. 3. Team Members: Identify members of the development team and provide a brief description of each team member's role, including the following: • Principals involved in the project • Resumes of key team members A description of team member's proposed role and relevant experience with projects of similar nature and size and experience in and familiarity with development in Poway or surrounding areas • An organizational chart • Designation of lead contact for the team 4. Relevant Project Experience: A summary of current and previous experience of the team with regard to projects comparable both in size and uses. As appropriate, this information should include a project description, photos, or site plans, if available, land uses, dates completed, developer role, financing sources, duration of development processes, role of current employees in the project, and existing status as to ownership and leasing of current developments, percentage owned since project completion, and volume sold/leased. Additionally, please identify similar completed projects in the area that can be visited and provide a name and contact information as well. 5. Project Approach: A high level summary of the team's approach and anticipated timing related to planning, design, approvals, financing, phasing, development, construction, and operation. 6. References: An accurate list of no less than five references (name, title, entity, telephone number and contractual relationship to Respondent) that may be contacted with Poway Housing Authority -Request for Qualifications of ~nte Vista Project Site 6 December 15, 2020, Item #13respect to current and past project experience. One reference must be from a local government agency. 7. litigation History with Public Agencies: Provide information as to any litigation that any developer/development entity that comprises the overall team has had with public agencies over the last ten years. V. SELECTION PROCESS AND CRITERIA Evaluation Criteria The following criteria will be used as the primary basis for evaluating Respondent answers as part of Round One: • The Respondent's experience in formulating and implementing successful projects of similar scope and tenant mix. • The Respondent's demonstrated ability to implement projects that retain and authentically reflect local character. • The Respondent's track record, experience, and financial capacity to start and complete projects similar to those requested in this RFQ. • The Respondent's demonstrated ability to structure development and financial transaction structures, which minimize the City's and Authority's risk. • The Respondent's demonstrated ability to access capital for the proposed scope of development. • Experience of key project team members with similar projects. The following criteria will be used as the primary basis for evaluating selected Respondents' proposal as part of Round Two: • The criteria above, as well as the Respondent's development proposal including the proposed land uses/tenant mix, massing, financial structure, project valuation, initial financial proforma, supportive market data, quality of design and development, fiscal impact to the Authority and other taxing entities, and as applicable, project/site components to be provided by the City. In its consideration of the response to the Round Two RFP, the Authority may request additional information. Award Procedures • The Review Committee will evaluate responses to Round One of this solicitation. The Review Committee shall make selections for Respondents to advance to Round Two based on the Review Committee's evaluation of the Respondents' submittals. • The Review Committee will notify all Respondents but confirm with those that have been selected to advance to Round Two. • The Review Committee will rank project concepts in Round Two of this solicitation based on their judgment as to which proposals best satisfy the objectives expressed by the Poway Housing Author·ity -Request for Qualifications ~"'!I-~~ O ot,i~te Vista Project Site 7 December 15, 2020, Item #13Authority, as well as provide a desired potential development project and financial return for the Authority. The Review Committee shall present the evaluation results to the City Council and Authority Board, as appropriate, to make the final selection decision. • The Authority will pursue negotiations with the top-ranked Respondent with the goal of entering into one or more of a purchase and sale agreement, development agreement, a disposition and development agreement, or equivalent agreements effecting the conveyance of ownership and/or occupancy rights to preferred respondent. • The conveyance instrument shall include, among other relevant terms, the agreements between Authority and preferred Respondent regarding site acquisition or land lease, due diligence/escrow period, design of the project, schedule of performance (to include all anticipated discretionary approvals on the part of the City), and other business terms determined necessary or desirable for inclusion in the conveyance instrument to provide a scope of development acceptable to the Authority. • If the Authority and top-ranked Respondent cannot successfully negotiate and execute a conveyance instrument, then the Authority shall be free to pursue negotiations with the Respondent that next best satisfies the objectives and goals expressed by this solicitation, as determined by the Authority, or in its sole and absolute discretion proceed on alternative basis, or terminate the process. • The conveyance instrument will be presented to the City Council and Authority Board, as deemed appropriate, for a final decision regarding its approval. • As appropriate, the selected development team must comply with statutory and administrative requirements pertaining but not limited to zoning ordinances, subdivision requirements, fee schedules, and other applicable City, County, State and Federal codes and ordinances. • The Authority reserves all rights to modify or terminate the selection process, go outside of the selection process to select a developer, or not select a developer at all. This solicitation and selection process does not constitute any type of offer nor does it create any contractual or other liability to the City or Authority. There is no guarantee that an agreement(s) will be consummated, or that any project will be reviewed pursuant to this solicitation. Poway Housing Authority -Request for Qualifications ~~~~ 1 Oti~te Vista Project Site 8 December 15, 2020, Item #13Tentative Tlmellne Issuance of RFQ Tour of the Site Deadline for RFQ Submittals Review and Evaluation of RFQ Submittals; Selection of Round Two Respondents Issuance of RFP for those invited to participate in Round Two Deadline for RFP Submittals Review and Evaluation of RFP responses (including interviews); Review Committee recommendation Housing Authority Board to consider proposed Exclusive Negotiating Rights Agreement with preferred Respondent VI. SUBMISSION PROCEDURES Submission packages shall be submitted to: City of Poway/Poway Housing Authority Attention: Marie Sanders, Senior Management Analyst RE: RFQ -Monte Vista Road Affordable Housing Project 13325 Civic Center Drive Poway, CA 92064 Submissions received by email or fax will not be accepted. January 4, 2021 January 13, 2021 2:00pm PST January 27, 2021 5:00pm PST February/March 2021 April 2021 April/May 2021 5:00pm PST May 2021 June 2021 All submissions must be received at the above address by 5:00pm, January 27, 2021. Submissions received after this date and time will not be accepted and will not be opened. Submissions may not be modified after the due date. VII. ADDITIONAL INFORMATION Questions about this RFQ should be made in writing and submitted via email to Marie Sanders at msanders@poway.or~. Written responses will be distributed to all written questions received by 5:00pm, January 20, 2021. A copy of each question and its corresponding answer will be sent to all Respondents participating in this RFQ. No questions or request for information/clarification will be accepted by telephone. A tour of the Site, located at 12674 Monte Vista Road, is scheduled for Wednesday, January 13, 2021 from 2:00pm-3:00pm PST. Prospective Respondents that wish to participate will be required to RSVP and should send no more than two representatives. To comply with the County of San Diego's COVID-19 Order of the Health Officer and Emergency Regulations, all attendees shall practice social distancing and shall wear face masks for the duration of the tour. To RSVP, please email Marie Sanders at msanders@poway.or~ no later than Monday, January 11, 2021 and include the name of the representatives scheduled to be in attendance. Poway Housing Authority -Request for Qualifications 'lllii._~~•a-o;--;...,,,~..,r'.12 oti~te Vista Project Site 9 December 15, 2020, Item #13EXHIBIT A Poway Housing Authority -Request for Qualifications 'l~~~i-~~~-~•.3 0t,!~te Vista Project Site 10 December 15, 2020, Item #14DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway December 15, 2020 Honorable Mayor and Members of the City Councj. A Robert Manis, Director of Development Services f"li Robert Manis, Director of Development Services (858) 668-4602 or bmanis@poway.org CITY COUNCIL Conveyance of Real Property to the City of Poway from Dandeana Corp., a California corporation (APN #s 316-140-38 and 316-140-39) Dandeana Corp., a California corporation (Dandeana), is the owner of two parcels totaling 3.04 acres (APN #s 316-140-38 and 316-140-39) located at the northerly terminus of Dorathea Terrace. The properties are vacant and total 3.04 acres. Dandeana wishes to donate the parcels to the City of Poway to be utilized for open space. Recommended Action: It is recommended that the City Council: (1) Authorize staff to enter into negotiations with Dandeana for the donation of the properties to the City of Poway; (2) Authorize the appropriation of $500 from the Habitat In-Lieu Fee Fund Balance (F2520-89010) to acquire the property; and (3) Authorize the City Manager to execute the Donation Agreement and any other documents needed to complete the acquisition. Discussion: On September 25, 2020, City staff was contacted (via e-mail) by Dandeana regarding a proposal to donate two undeveloped parcels to the City. The parcels are located at the northerly terminus of Dorathea Terrace (Attachments A and 8). Both parcels are irregularly shaped and together they total 3.04 acres. One parcel (APN #316-140-38) is 0.93 acre and is zoned Residential Single Family-7 (RS-7). The second parcel (APN #316-140-39) is 2.11 acres and is zoned Rural Residential-A (RR-A). The parcels are located at the southeast base of Van Dam Peak open space area. The parcels have very limited development potential as both have steep topography and habitat covers much of the area. In 2019, the City acquired four parcels totaling 160 acres adjacent to and north of 1 of 6 December 15, 2020, Item #14these parcels using State and Federal grant funds. The seller of those parcels was also Dandeana. The two parcels being offered for donation provide access to the Van Dam Peak open space. While the City was granted an easement over these parcels for access to the 160 acres, City ownership would provide flexibility for access and maintenance of the open space trails. After completing due diligence research on the parcels, direction was provided by the City Council to pursue the acquisition. A Letter of Intent to Donate was submitted by Dandeana on November 1, 2020 and accepted by the City on November 19, 2020 (Attachment C). The property owner has agreed to pay for an ALTA title insurance policy and to pay all of the escrow fees and transfer taxes. The requested appropriation will pay for any incidental fees customarily paid for by the transferee. Any unused funds will be returned to the Habitat In-Lieu Fee Fund after close of escrow. Environmental Review: This matter is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 13 Categorical Exemption, pursuant to Section 15313 of the CEQA Guidelines, in that it involves the acquisition of land for the purposes of wildlife and natural habitat conservation. Fiscal Impact: Approval of this item will result in an appropriation of $500 from the Habitat In-Lieu Fee Fund Balance (F2520-89010) to the Habitat Mitigation In-Lieu Capital Improvement Project (80002523-57300-PRK0010) for payment of incidental fees associated with the acquisition. Public Notification: None. Attachments: A. Zoning/Location Map of Parcels B. GIS Map of Parcels C. Letter of Intent to Donate from Dandeana dated November 1, 2020 Reviewed/ Approved By: Assistant City Manager 2 of 6 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager December 15, 2020, Item #14Subject Properties: 316-140-38 316-140-39 0 90 180 --360 Feet ---RR-CITY OF POWAY Zoning / Location Map Project: Discussion Item I I I I ' \ I I I I I ,.J I \RR-C •, ' \ I I I I I I I # ,~ , December 15, 2020, Item #144of6 ATTACHMENT B December 15, 2020, Item #14DANDEANA CORP. 13428 MAXELL/\ AVE. # 984 MJ\RINA DEL REY, CJ\LIFORNlA 90292 TELEPHONE 424/251-8405 EMJ\IL: Dt\NIE) @DANDEANACORP.COM VIA EMAIL City of Poway Attn: Bob Manis November 1, 2020 Director, Development Services Department Poway City Hall 13325 Civic Center Drive Poway, CA 92064 Re: Letter of Intent to Donate to City of Poway APNs 316-140-38-00 and 316-140-39-00 Poway, CA Dear Mr. Manis: The purpose of this letter is to set forth the terms and conditions on which Dandeana Corp., a California corporation, or affiliate ("Dandeana"), is willing to donate to the City of Poway ("City") the real property referenced above (the "Property"). Non-Binding Provisions This letter, if accepted by the City, will confirm the parties' mutual intent to enter into a definitive donation agreement ("Donation Agreement") with the following material terms and conditions: 5 of 6 1. Property. The Property consists of two parcels of undeveloped land known as Assessor Parcel Numbers 316-140-38-00 and 316-140-39-00 located in the City of Poway, California. 2. Due Diligence. The City's obligation to accept the donation of the Property will be subject to completion of the City's due diligence and approval of the Property, in its discretion, including soils conditions, environmental matters, title exceptions, zoning, use restrictions and other governmental issues, and similar matters, within 15 days after execution of a Donation Agreement (the "Due Diligence Date"). ATTACHMENT C December 15, 2020, Item #14DANDEANA CORP. November 2, 2020 Page 2 of2 3. Donation Date. The donation of the Property to the City will occur on the earlier of 5 days after the Due Diligence Date or December 30, 2020 (the "Closing Date"). 4. Title Insurance. The City accepting the donation will be contingent upon the City receiving an AL TA title insurance policy insuring City's ownership of the Property, subject to exceptions approved by the City and, a customary survey exception. Dandeana will pay the cost of the AL TA policy. 5. Escrow. Closing Costs and Pro-Rations. The donation transaction will be consummated through an escrow and title to be established at Chicago Title in San Diego, California. Dandeana will pay transfer taxes, the escrow fee, and other closing costs customarily paid by transferor, the City will pay recording charges and other closing costs customarily paid by transferees. The Donation Agreement will provide for customary pro~rations, including rents and real estate taxes and assessments. This letter is not intended to be a contract or a binding agreement for the donation of the Property. This letter is intended only as a statement of the present intentions of the parties. Neither party is obligated to proceed with a donation transaction, and neither party will become obligated unless and until a definitive Donation Agreement has been negotiated and executed by the parties. The parties also anticipate that the Donation Agreement will include other mutually acceptable terms and conditions, and the negotiations between the parties will include proposals for such additional terms and conditions. Each party acknowledges and understands that either party may terminate negotiations at any time, without any liability or obligation to the other party, and each party will hear its owns attorneys' fees and other expenses incurred in connection with the proposed transaction. If the terms and conditions set forth above are acceptable to you, please sign this letter where indicated below, and return the original or a copy to us. We will then ask that the City prepare a draft Donation Agreement for our review. Sincerely, Dandeana Corp., a California corporation By: ~~ Name: Daniel S. Ginzburg Title: President 6 of6 ACCEPTED: Dated: I I/(~ , 2020 December 15, 2020, Item #15AGENDA RE PO RT City of Poway DATE: TO: FROM: SUBJECT: Summary: December 15, 2020 Honorable Mayor and Members of the City Council Vaida Pavolas, City Clerk (858) 668-4535 or vpavolas@poway.org Appointment of Deputy Mayor for 2021 CITY COUNCIL In September 1990, the City Council adopted Resolution No. 90-179 which outlined guidelines for the selection of Deputy Mayor. In accordance with the Resolution, the Deputy Mayor: 1. Will serve a maximum term of one year; 2. Will be appointed at the first regular meeting in December in odd-numbered years; and 3. Will be appointed at the first regular meeting held thirty days following the general municipal election in even-numbered years. Recommended Action: It is recommended that the Mayor appoint a Councilmember to serve as Deputy Mayor for the one-year term commencing December 15, 2020. Public Notification: None. Attachments: None. Reviewed/ Approved By: Assistant City Manager 1 of 1 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch* City Manager December 15, 2020, Item #16AGENDA RE PO RT City of Poway DATE: TO: FROM: December 15, 2020 Honorable Mayor and Members of the City Council Vaida Pavolas, City Clerk (858) 668-4535 or vpavolas@poway.org CITY COUNCIL SUBJECT: Appointment to Regional Agencies' Boards, Commissions and Committees for 2021 Summary: The City Council represents the City on a variety of Regional Agencies' Boards, Commissions and Committees. At the end of each year, Council concurs to assign representation to those Committees for the following calendar year. The following is a list of Regional Agencies' Boards, Commissions and Committees the City participates on: 1. San Diego Division League of California Cities 2. Metropolitan Transit System (MTS) Board of Directors 3. San Diego Association of Governments Board of Directors 4. Metro Commission/Metro Wastewater Joint Powers Authority UPA) 5. San Dieguito River Park Joint Powers Authority UPA) 6. City of Poway/PUSD Joint Use Subcommittee for lnterjurisdictional Cooperation 7. Regional Solid Waste Association (RSWA) 8. Goodan Rach Policy Committee The San Diego County Water Authority appointment does not expire until April 22, 2026, therefore, it is not included in this year's appointment list. Attachment A is a list of the City Council Regional Committee assigments as confirmed by City Council action on December 3, 2019. Recommended Action: It is recommended that the City Council concur to appoint primary and alternate members to the various regional agencies' boards, commissions and committees for calendar year 2021. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). 1 of 2 December 15, 2020, Item #16Fiscal Impact: None. Public Notification: None. Attachments: A. Regional Committee assignments Reviewed/ Approved By: Wendaserman Assistant City Manager 2 of6 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager December 15, 2020, Item #162020 CITY OF POWAY CITY COUNCIL REGIONAL ASSIGNMENTS SD DIVISION, LEAGUE OF CALIFORNIA CITIES: A coalition of California cities meeting on issues of local, regional and statewide concern. Primary: Caylin Frank Alternate: Dave Grosch METROPOLITAN TRANSIT SYSTEMS (MTS) BOARD: Public transportation issues. Primary: Caylin Frank Alternate: John Mullin SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) BOARD: The regional council of governments, which fosters cooperation on solving regional issues, such as transportation. Includes Regional Transportation Commission (RTC) meeting. Primary: Steve Vaus 1st Alternate John Mullin 2nd Alternate Caylin Frank METRO WASTEWATER COMMISSION/JPA: Oversees the sewage system for the San Diego area and makes decisions regarding financial expenditures relating to the sewage system. Primary: John Mullin Alternate **Director of Public Works *Also serves on SANDIST (SD area Waste Water Management District - 1 meeting annually -follows the JPA meeting) SAN DIEGUITO RIVERPARK JPA: Agency responsible for creating natural open space park in the San Dieguito River Valley. Primary: Dave Grosch Alternate: Barry Leonard CITY OF POWAY/PUSD JOINT USE SUBCOMMITTEE FOR INTERJURISDICTIONAL COOPERATION: The joint PUSD/City Council subcommittee meets quarterly to discuss educational and recreational programs and joint use facilities. The quarterly meetings provide the opportunity to overview operations and to discuss infrastructure needs as well as future capital projects planned by the District and City of Poway. Primary: Barry Leonard Alternate: Caylin Frank REGIONAL SOLID WASTE ASSOCIATION (RSWA): A Joint Powers Authority of the cities of Del Mar, Encinitas, Escondido, National City, Poway, Solana Beach, and Vista. Its purpose is to address solid waste, household hazardous waste, and other environmental issues on a regional level. Primary: Dave Grosch Alternate: John Mullin GOODAN RANCH POLICY COMMITTEE: A Joint Powers Authority of the cities of Santee, Poway, County of San Diego and Calif. Dept of Fish & Wild Life. Goodan Ranch was acquired primarily for habitat preservation and enhancement as well as for passive recreation and educational opportunities for the benefit of the public. It is maintained by the County of San Diego Department of Parks and Recreation. Primary: Barry Leonard Alternate: Community Services Manager 2 of2 ATTACHMENT A