04-06-21 Agenda PacketAMENDED TUESDAY, MARCH 30, 2021
AG EN DA Poway City Council
Council Chamber j 13325 Civic Center Drive I Poway, CA I 92064
April 6, 2021 I 7 p.m.
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Steve Vaus
Mayor
Barry Leonard
Deputy Mayor
Dave Grosch
Councilmember
Caylin Frank
Council member
John Mullin
Councilmember
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Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
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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 OR DER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESEN TATION:
Poway Valley Senior Citizens Corporation
2 of 4 Regular City Council Meeting April 6, 2021
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 to
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.
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a
Roll Call Vote without discussion unless a Councilmember, 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 March 2, 2021 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. Award of Agreement with Duke's Root Control Inc. for Sanitary Sewer Chemical Control Services
5. Acceptance of the Annual Trash Capture Program; Bid No. 21-003 with Bio Clean Environmental
Services, Inc. as Complete
6. Resolution Accepting an Offer to Dedicate a Utility Easement on Dos Amigos Trail on City of Poway
Parcel Map 16504
7. Extension of the Fiscal Year 2018-2019 Street Overlay Project Contract for the Fiscal Year 2020-
2021 Street Maintenance Project; Bid No. 19-013 (Second Amendment) with SRM Contracting and
Paving, Inc.
ORDINANCES FOR INTRODUCTION: None
ORDINANCES FOR ADOPTION: None
PUBLIC HEARINGS: None
STAFF REPORTS:
8. Pre-Development Conference (PDC) 21-001, a Request for a 20-Lot Subdivision that Extends Holly
Oak Way and Utilizes an Affordable Housing Density Bonus on a 4.77-Acre Parcel Located at 13667
Twin Peaks Road in the RS-4 Zone
City Manager's Recommendation: It is recommended that the City Council provide input and
direction regarding the request.
WORKSHOPS:
9. Poway Center for the Performing Arts (PCPA) Workshop
City Manager's Recommendation: It is recommended that the City Council provide staff with
direction regarding the decision points outlined in this staff report.
3 of 4 Regular City Council Meeting April 6, 2021
COUNCIL-INITIATED ITEMS: None
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)
CLOSED SESSION:
10. Conference with Legal Counsel -Anticipated Litigation -added on 3130121 at 4:40 p.m.
Government Code§ 54956.9(d)(2) -one (1) case
AD!OURNMENT
State of California
County of San Diego
)
) ss.
)
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 March 30, 2021 at
4:00 p.m. Said meeting to be held at 7:00 p.m., April 6, 2021, in the Poway City Council Chambers, 13325 Civic
Center Drivevf2. way, C ifo , ia. Said notice was posted on the Bulletin Board at the entrance to City Hall.
4 of 4 Regular City Council Meeting April 6, 2021
AGENDA REPORT City of Poway
DATE:
TO:
FROM:
April 6, 2021
Honorable Mayor and Members of the City Council
Vaida Pavolas, City Clerk
(858)668-4535 or vpavolas@poway.org
CITY COUNCIL
SUBJECT: Approval of the March 2, 2021 Regular City Council Meeting Minutes
Summary:
The City Council Meeting Minutes submitted hereto for approval are:
•March 2, 2021 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 March 2, 2021 Regular City Council Meeting
Minutes.
Public Notification:
None.
Attachments:
A.March 2, 2021 Regular City Council Meeting Minutes
Reviewed/ Approved By:
Wendy Kaserman
Assistant City Manager
1 of 5
Reviewed By:
Alan Fenstermacher
City Attorney
April 6, 2021, 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
March 2, 2021
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, Caylin Frank, Dave Grosch, Barry Leonard, 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 Leonard led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATIONS
None.
PUBLIC COMMENT
Bobby Ronsse submitted email correspondence regarding parking fees at Lake Poway.
2 of 5 April 6, 2021, Item #2 ATTACHMENT A
City of Poway -Minutes -March 2, 2021
Elizabeth Segil submitted email correspondence regarding speed limit concerns on Trailwind Road.
Libi Uremovic submitted email correspondence regarding San Diego County Sheriff Department services.
Sam Hedgpeth, via teleconference, expressed traffic safety concerns on Trailwind Road.
Yuri Bohlen, via teleconference, spoke regarding homelessness.
CONSENT CALENDAR
Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to approve Consent Calendar Items 1 through 3. Motion carried by the following roll-call vote:
Ayes: Noes:
Abstained:
Absent: Disqualified:
Mullin, Frank, Grosch, Leonard, 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 February 2, 2021 Regular City Council Meeting Minutes
3.Adoption of Resolution No. 21-009 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"
ORDINANCES FOR INTRODUCTION
None.
ORDINANCES FOR ADOPTION
None.
PUBLIC HEARINGS
4.Tentative Tract Map 21-001; A Request for Approval of the Second One-Year Time Extension
for a Previously Approved Subdivision
Director of Development Services Bob Manis presented the report along with a PowerPoint
presentation.
Nicole Jones, via teleconference, spoke in opposition to the project.
Yuri Bohlen, via teleconference, expressed general concerns with public outreach.
Council expressed desire to have future tentative tract map extensions for previously
approved subdivisions to be approved administratively.
3 of 5 April 6, 2021, Item #2
City of Poway -Minutes -March 2, 2021
Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 21-010 entitled "A Resolution of the City Council of the City of Poway, California,approving Tentative Tract Map 21-001; a second time extension of the approval for
Tentative Tract Map 16-005; Assessor's Parcel Numbers: 314-032-01 and 314-370-05."
Motion carried unanimously.
STAFF REPORTS
5.General Fund Financial Results, COVID-19 Economic Impacts Update and Long-Range
Forecast
Director of Finance Aaron Beanan presented the report along with a PowerPoint presentation.
Mr. Beanan provided the General Fund financial results for Fiscal Year 2019-2020, an updateregarding the COVID-19 economic impact, and presented a draft long-range financial
forecast. Mr. Bean an reported that the final operating results for the General Fund were mostlyconsistent with staff's projections, with revenues and expenditures coming in slightly higherthan anticipated. Mr. Beanan explained that based on current data, the economy remains
consistent with staff's "Moderate-V" projections. Additionally, he noted that expenses areanticipated to increase more quickly than revenues creating anticipated deficits from Fiscal
Year 2021-22 through Fiscal Year 2025-26. Surpluses, he noted, were projected to begin in
Fiscal Year 2026-27; predominantly the result of declining CalPERS expenses and newdevelopment revenues. He also indicated that the long-range forecast helps identify future
challenges and opportunities, causes of fiscal imbalances plus strategies to secure financialsustainability and will continue to be updated as the economy and city finances change.
No speakers.
Council spoke in support of having a long-range financial forecast. Councilmember Mullin alsoindicated it might be appropriate to look at the General Fund Reserve Policy reserve fund
percentage given the results of the long-range forecast.
This was an informational item. No action was taken.
WORKSHOPS
6.SB 1383 Solid Waste Regulation Updates
Management Analyst Amelia Dominguez presented the report along with a PowerPointpresentation. Ms. Dominguez discussed Senate Bill 1383 solid waste regulation updates andwhat requirements Poway will need to fulfill. She explained that the bill's regulations go intoeffect on January 1, 2022 and that the City is on track for organic waste collection for residentslater this month and that businesses and multi-family residences are anticipated to begin atthe end of the year. Ms. Dominguez noted that changes to the municipal code, the City'sfranchise agreement with EDCO and procurement policies related to SB 1383 regulations willbe presented to Council prior to January 2022. She concluded that outreach and educationon edible food recovery is ongoing.
No speakers.
Council discussion ensued regarding enforcement of residential organic waste and theimportance of education and outreach.
4of 5 April 6, 2021, Item #2
City of Poway -Minutes -March 2, 2021
In response to Council inquiry, Jim Ambrose representing EDCO clarified that a majority of paper plates and cups and soiled boxes such as pizza boxes are suitable to go into the green cart. He added that plastic bags do not go into the green carts.
This was an informational item. No action was taken.
COUNCIL-INITIATED ITEMS
7.Appointments to the Budget Review Committee and Parks and Recreation AdvisoryCommittee
No speakers.
Council concurred to appoint Bob McKeon, Nick Carruthers, Danielle Vigneault to theBudget Review Committee, and J. Harry Jones, Marc Hennen, Mike Furlano, Kimberly
Macdonald, and Derrick Benson to the Parks and Recreation Advisory Committee.
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.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
CLOSED SESSION
8.Public Employee Performance Evaluation
Government Code Section 54957(8)(1)
Title: City Attorney
9.Public Employee Performance EvaluationGovernment Code Section 54957(8)(1)
Title: City Manager
City Attorney Alan Fenstermacher announced that a report out of any action taken duringClosed Session, if any, would be done at the next Regular City Council meeting. Mr.Fenstermacher announced that there was no reportable action taken at Closed Session heldFebruary 16, 2021. At his request, Mayor Vaus adjourned the meeting into Closed Session at8:27 p.m.
City Council came out of Closed Session at 9:20 p.m.
ADJOURNMENT
The meeting adjourned at 9:20 p.m.
5 of 5
Vaida Pavolas, CMC City Clerk City of Poway, California
April 6, 2021, Item #2
April 6, 2021, Item #3DATE: TO: FROM: CONTACT: SUBJECT: Summary: April 6, 2021 Honorable Mayor and Members of the City Council Jon M. Canavan, Fire Chief 'Ii:) Jon M. Canavan, Fire Chief (858) 668-4461 or jcanavan@poway.org City of Poway 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 COVI D-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. COVI D-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. The City Council approved to continue the emergency action in 2020 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, December 1, and December 15. And in 2021, the City Council approved to continue the emergency action on January 19, February 2, February 16, March 2 and March 16. The adopted resolution requires the City Council to either 1 of 5
April 6, 2021, Item #3continue the emergency action or declare the emergency ended at each regular meeting. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: As of March 15, 2021, City costs to respond to COVID-19 are estimated at $845,763. 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 $19,233,004 as of June 30, 2020, net of the $2,000,000 used from the Extreme Events/Public Safety reserve the City Council approved on April 16, 2020 to fund the Poway Emergency Assistance Recovery Loan (PEARL) program. The PEARL program is discussed in more detail below. Within that 45 percent, $12,142,455 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, as mentioned above, on April 16, 2020, the City Council approved $2,000,000 to fund the 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 provides loans of up to $50,000 to eligible business. As of March 15, 2021, staff has received 80 applications requesting $2,912,165 in loans. Based on staff's review, 35 loans totaling $1,385,326 have been approved. 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. Attachments: A. Resolution B. Proclamation of Local Emergency Reviewed/Approved By: u\/~V--W~ndyserman Assistant City Manager 2 of s Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager
April 6, 2021, Item #3RESOLUTION NO. 21-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 in 2020 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, December 1, December 15, and in 2021 on January 19, February 2, February 16, March 2 and March 16; 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 property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: 3 of 5 ATTACHMENT A
April 6, 2021, Item #3Resolution No. 21-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 6th day of April, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 4of5
April 6, 2021, 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 s of s ATTACHMENT B
April 6, 2021, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway April 6, 2021 Honorable Mayor and Members of the City Cou~~I Eric Heidemann, Director of Public Works '?, t-i Troy DePriest, Assistant Director of Public Works for Utilities (858) 668-4750 or tdepriest@poway.org -,-0 CITY COUNCIL Award of Agreement with Duke's Root Control Inc. for Sanitary Sewer Chemical Control Services The City's sanitary sewer system Is in need of ongoing maintenance, through annual herbicide treatment to remove tree roots and inhibit future root intrusion that may cause blockages and system overflows. An opportunity to ensure maximum efficiency and optimal pricing in chemical root control services available through a cooperative purchase agreement provided through the national cooperative purchasing program of the Houston-Galveston Area Council of Governments (H-GAC), known as H-GAC Buy. H-GAC completed a Request for Proposal (RFP) for chemical root control and awarded a contract to Duke's Root Control, Inc. in December 2020. The contract includes a clause that allows members of H-GAC to use the awarded contract. The term of the City's agreement is two (2) years beginning May 10, 2021 through May 9, 2023. The agreement may be extended through a total of three (3) separate one-year extensions, as provided by H-GAC's contract terms and conditions. Poway Municipal Code Section 3.28.11 0 authorizes the City to participate in cooperative purchasing agreements with other government agencies as an alternative to the bidding process for services. Recommended Action: It is recommended that the City Council award the Agreement for Chemical Root Control Services to Duke's Root Control, Inc., through the H-GAC Buy Cooperative Purchase Program, and authorize the City Manager to execute the necessary documents. Discussion: The City of Poway ("City") owns and operates a 186 mile municipal wastewater collection system. Within this system, root intrusion from trees occasionally blocks sewer flows and causes sanitary sewer blockages. To control root intrusion, the City treats its sanitary sewer system with approved chemical herbicide as part of its sanitary sewer maintenance program. With the City's current agreement for sanitary sewer maintenance expiring May 9, 2021, staff identified a cooperative agreement through H-GAC cooperative purchasing program, known as H-GAC Buy. H-GAC Buy is a 1 of 18
April 6, 2021, Item #4nation-wide cooperative purchasing program that offers participating agencies an efficient process to procure products and services that have been subjected to a competitive public bid/proposal process that meet or exceed state and local purchasing protocols. H-GAC solicited bids for sewer cleaning and inspection services and awarded a contract for chemical root control to Duke's Root Control, Inc. (Duke's Root Control) through a competitive RFP process. Services include application of chemical herbicide to the sanitary sewer pipe to eliminate tree roots and prevent future root growth. Sanitary sewer line segments are selected for root control based on several factors, including: blockages caused by root infiltration, video inspection, maintenance records, age of pipe, pipe material, and above-ground conditions, such as trees. The H-GAC bid documents includes a special provision for cooperative purchasing that allows the resulting contract to be extended to other government agencies. The City's Municipal Code Section 3.28.11 0 authorizes the City to participate in cooperative purchasing programs for services, supplies and equipment with other municipalities. Staff recommends the City enter into an agreement with Duke's Root Control using H-GAC's RFP contract terms. H-GAC's scope of services meets the requirements of the City and ensures the most favorable pricing available. In reviewing the scope of work for these services, staff found that very few contractors use the approved herbicide for the City's collection system. The chemical product used by Duke's Root Control was deemed acceptable by the City of San Diego, which conveys and treats the City's sewage, and is registered by the Environmental Protection Agency and California Department of Pesticide Regulation for use in sanitary sewer pipes. Additionally, Duke's Root Control allows the use of City-owned equipment to work in treated pipes during its 2-year warranty period. Thus, the use of the City's sanitary sewer mainline hydro jet-rodding equipment will not void the warranty. The warranty for work is very comprehensive as Duke's Root Control will reapply treatment if roots regrow in the line during the warranty period, at no additional cost to the City. After the initial application, selected sanitary sewer line segments in each year's project are re-treated every third year as part of the City's sanitary sewer maintenance program. The agreement's total not to exceed amount will be $125,000 for sanitary sewer chemical control services. The length of the agreement is for two (2) years, beginning May 10, 2021, through May 9, 2023, with an option to extend the agreement for three (3) separate on-year terms. Extensions are subject to City Council appropriation of funds and mutual agreement by both parties. Environmental Review: This action is not subject to California Environmental Quality Act review. Fiscal Impact: Funds are available in the Wastewater Collection Division's Fiscal Year 2021-22 budget (403570-43080) for Sanitary Sewer Chemical Control Services. Public Notification: None. Attachments: A. Agreement with Duke's Root Control Inc. 2 of 18
April 6, 2021, Item #4Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 3 of 18 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
April 6, 2021, Item #4ATTACHMENT ACity of Poway STANDARD AGREEMENT FOR SERVICES This Agreement entered into this 10th day of May 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and Duke's Root Control, Inc, a California Corporation (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private contractor to perform chemical root control services for the annual treatment of roots in sewer pipes within the City's sanitary sewer system with an herbicide to assist in the reduction of root-related issues, and WHEREAS, Contractor won a competitive bid for a contract providing chemical root control services to H-GAC, a cooperative purchasing program for government agencies, and WHEREAS, the H-GAC contract provides, in Article 2 of the section "Special Provisions", that Contractor may enter an agreement to supply the same type of services for other government agencies through this agreement if Contractor and any other government agencies agree to abide by all terms and conditions in the H-GAC contract documents, and; WHEREAS, City and Contractor agree to abide by the terms and conditions in the contract documents for the H-GAC contract, and WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "B" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4 of 18
April 6, 2021, Item #44. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be affected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 5 of 18
April 6, 2021, Item #49. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency: 6 of 18 (A) Makes a governmental decision whether to: 1. Approve a rate, rule, or regulation. 2. Adopt or enforce a law. 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement. 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval. 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract. 6. Grant City approval to a plan, design, report, study, or similar item. 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (8) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Contractor/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director
April 6, 2021, Item #410. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits. Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 14. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. 7 of 18
April 6, 2021, Item #4(b) For claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees, and volunteers. (d) In any and all claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor 8 of 18
April 6, 2021, Item #4shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 9 of 18
April 6, 2021, Item #423. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 10 of 18
April 6, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: ___________ _ ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 11 of 18 Duke's Root Control, Inc. By:------------Braden Boyko, Vice President Date: ___________ _
April 6, 2021, Item #4"SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Contractor agrees to perform sanitary sewer chemical control services as required by City, further described in the agreement, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on February 12, 2021, which is included in this document as Attachment 2. Total fee is not to exceed $125,000.00. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing May 10, 2021 and ending May 9, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal), the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than May 9, 2023. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. D. Contractor's Insurance. 12 of 18 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
April 6, 2021, Item #4(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Contractor shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: 13 of 18 City of Poway P.O. Box 789 Poway, CA 9207 4
April 6, 2021, Item #414 of 18 To Contractor: Duke's Root Control, Inc. 1020 Hiawatha Blvd West Syracuse, NY 13204 (Remainder of page intentionally left blank)
April 6, 2021, Item #4EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 15 of 18 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with
April 6, 2021, Item #4a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 16 of 18 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)F or legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter.
April 6, 2021, Item #4(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System Il who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 17 of 18
April 6, 2021, Item #4~ Attachment 2 ■DUKE'S I ROOTED IN INNOVATION-February 12, 2021 Ms. Amelia Dominguez Management Analyst City of Poway P.O. Box 789 Poway, CA 9207 4 Dear Ms. Dominguez: 1020 Hiawatha Blvd. West. Syracuse, NY 13204 72 East Street, Crystal Lake, IL 60014 Thank you for expressing interest in Duke's foaming root control service. As per your request for quotation, Duke's Root Control, Inc. will treat any sewers for the unit prices listed below: Pipe Size 6inch 8inch 10inch 12inch 15inch Unit Price $1.08/foot $1.08/foot $1.40/foot $1 .40/foot $1 .40/foot Prices are computed per linear foot, manhole to manhole, and are good for 60 days after the issue date of February 12, 2021. Please note that a $3,000 minimum is required, and prices for pipes larger than 15 inches are determined on a case-by-case basis. Duke's standard guarantee applies to all sanitary sewers treated. If you require any further information, please call 1-800-447-6687. Thank you for your interest in our service. Sincerely, <;~~ Thomas W. Edwards NY Office: 800.447 .6687 18 of 18 www.Dukes.com
April 6, 2021, Item #5AGENDA REPORT CityofPoway DATE: TO: FROM: CONTACT: April 6, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services .f4'\, Andrea Thomas, Associate Civil Engineer (858) 668-4605 or athomas@poway.org CITY COUNCIL SUBJECT: Acceptance of the Annual Trash Capture Program; Bid No. 21-003 with Bio Clean Environmental Services, Inc. as Complete Summary: On September 15, 2020, the City entered into a contract with Bio Clean Environmental Services, Inc. in the amount of $59,640.00, to furnish and install inlet protection under the Annual Trash Capture Program. This action will accept the project as complete. Recommended Action: It is recommended that the City Council: (1) Accept the Annual Trash Capture Program as complete; (2) Authorize the City Clerk to file and record the Notice of Completion; (3) Authorize the release of the retention in the amount of $2,982.00, if unencumbered, 45 days after City Council acceptance; (4) Release the Aspen American Insurance Company for Material and Labor in the amount of $59,640.00 after the release of retention; and (5) Retain the Aspen American Insurance Company Bond for Faithful Performance for a period of one year. Discussion: The Annual Trash Capture Program for this year included fifty-two trash capture devices installed mostly along the Poway Road corridor and a few adjacent streets, Pomerado Road near Poway Road, Garden Road, and Oak Knoll Road. This was the first year of a ten-year program designed to comply with the Regional Water Quality Control Board's mandate. This mandate requires the City to capture trash and debris larger than five millimeters before it enters the storm drain system within priority land use areas including multifamily, commercial, and industrial areas. There were no change orders for this project. 1 of 2
April 6, 2021, Item #5Environmental Review: The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act. Fiscal Impact: Sufficient funds are available in the Annual Trash Capture Program account (DRN000S) for the release of retention. Funds remaining in the project at year end will be applied toward the next year of the annual program. Public Notification: None. Attachments: None. Reviewed/ Approved By: :11/ p.· ,. c__----wen dy ~erman Assistant City Manager 2 of2 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager
April 6, 2021, Item #6DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway April 6, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services f)v\, Jackrin Vipatapat, Assistant Engineer (858) 668-4654, jvipatapat@poway.org CITY COUNCIL Resolution Accepting an Offer to Dedicate a Utility Easement on Dos Amigos Trail on City of Poway Parcel Map 16504 This action will accept an offer of dedication for a utility easement within Dos Amigos Trail that was previously offered and rejected on Parcel Map 16504 (Attachment B). Recommended Action: It is recommended that the City Council approve a Resolution rescinding a rejection of and accepting an offer to dedicate a utility easement on Parcel Map 16504, which will provide a utility easement over existing public water lines and appurtenances within Dos Amigos Trail. Discussion: In 1991, Antoine and Carol Georges and Robert and Carol Griswold offered to dedicate an easement for roadway and utility purposes across Dos Amigos Trail in correlation with improvements required for Parcel Map 16504. The City rejected the easement for roadway and utility purposes on the same map. Property ownership has not changed since approval of Parcel Map 16504. During review of subsequent development of Parcel 4 of Parcel Map 16504, it was discovered that the public water lines were installed in Dos Amigos Trail without the benefit of a utility easement. Rescinding the past rejection of the utility easement and accepting the offer to dedicate the utility easement provides the City rights to maintain the existing City water line and appurtenances that are installed in Dos Amigos Trail. No physical changes will occur as a result of accepting the dedication. The roadway easement rejection will not be rescinded with this action. California Government Code Section 66477.2 states that for any easements rejected at the time a final map is approved, the offer of dedication shall remain open. The legislative body may by resolution at any later date, and without further action by the subdivider, rescind its action and accept any public easement for public use. The acceptance shall be recorded in the office of the County Recorder. 1 of 5
April 6, 2021, Item #6Environmental Review: The acceptance of easements are exempt from the California Environmental Quality Act (CEQA), pursuant to section 15061 (b)(3) of the CEQA Guidelines, in that there is no possibility that the action of accepting the easements may have a significant effect on the environment. Fiscal Impact: None. Public Notification: None. Attachments: A. Resolution B. Parcel Map 16504 Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: crtie City Manager
April 6, 2021, Item #6RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ACCEPTING AN OFFER TO DEDICATE A UTILITY EASEMENT ON DOS AMIGOS TRAIL ON CITY OF POWAY PARCEL MAP 16504 WHEREAS, on the City of Poway Tentative Parcel Map 84-04, recorded on June 12, 1991, as Parcel Map No. 16504 in the Office of the County Recorder, there is an offer for dedication for utility purposes an easement on Dos Amigos Trail; WHEREAS, on said Parcel Map No. 16504, the City of Poway rejected the offer of dedication for said easement for utility purposes; WHEREAS, the State of California Government Code (Subdivision Map Act) Section 66477.2(a) provides that a rejected offer of dedication shall remain open and be accepted by resolution at any later date; and WHEREAS, it is in the best interest of the City of Poway to have easement rights to maintain existing public water lines and appurtenances within Dos Amigos Trail. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council hereby rescinds the rejection of said utility easement, and does hereby accept the 40-foot-wide utility easement on Parcels 1 through 4 as shown on City of Poway Tentative Parcel Map 84-04, recorded on June 12, 1991, as Parcel Map No. 16504. The City of Poway is hereby authorized and directed to cause a certified copy of this resolution, attested by the City Clerk under the seal of the City, to be recorded in the office of the County Recorder of San Diego County, California. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 6th day of April, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 3 of 5 ATTACHMENT A
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PINNEY ENG4NEER1NG ASSOCIATES, INC. JOB NO. 81-GGe W0INI l'Ufll _...,N..,ON,.:;E._ __ _ CITY OF POWAY
CAI.F. ~ -re: 219· II§T TPM 84-04
April 6, 2021, Item #6' ''"""' ..... ~·"ir~, :.i.z.v,o.; .. ~f-' <Y 5 o 5 lz -► w z z i:i:
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT City of Poway
April 6, 2021
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services�
Jeff Beers, Special Projects Engineer
(858)668-4624 or jbeers@poway.org
CITY COUNCIL
Extension of the 2018-2019 Street Overlay Project Contract for the 2020-2021 Street
Maintenance Project; Bid No. 19-013 (Second Amendment) with SRM Contracting and
Paving, Inc.
The Street Overlay project consists of removal and replacement of asphalt concrete within select
streets needing repair. This project also includes removing and replacing the asphalt accessway
around Reservoir R-8. On May 7, 2019 the 2018-2019 Street Overlay project was awarded to SRM
Contracting and Paving, Inc. The contract includes a provision that allows for the contract to be
extended. This is the second and final of the allowable extensions.
Recommended Action:
It is recommended that the City Council approve the second amendment to the 2018-2019 Street
Overlay project contract for the 2020-2021 Street Overlay project in the amount of $989,970.90.
Discussion:
SRM Contracting and Paving, Inc. successfully executed and completed the 2018-2019 Street Overlay
project. The first extension to the 2018-2019 Street Overlay project was successfully completed last
year with the 2019-2020 Street Overlay project. For this second and final extension for the 2020-2021
Street Overlay project, new unit prices were submitted, as required by the contract documents. The
revised unit prices have been reviewed and accepted by staff. The cost of most of the work within the
project remained the same as last year. Some unit costs increased within expected escalation rates.
All provisions of the 2018-2019 Street Overlay contract will remain except for the description of the
2020-2021 Street Overlay project scope of work and revised unit pricing.
The scope of this year's project includes arterial asphalt patch repairs on Twin Peak Road from
Pomerado Road to Community Road, Camino Del Norte from the western City limit to Pomerado
Road, Community Road from Twin Peaks Road to Poway Road and Midland Road from Twin Peaks
Road to Poway Road. The project also includes overlay of Midgrove Court, Olive Park Place, and
lronbark Way. This work has been coordinated with the Zone 4 Street Maintenance and Citywide
1 of 4 April 6, 2021, Item #7
April 6, 2021, Item #7
April 6, 2021, Item #7
April 6, 2021, Item #7
April 6, 2021, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway April 6, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services~ Scott Nespor, Associate Planner $ A~ 858-668-4656 or snespor@poway.org CITY COUNCIL Pre-Development Conference (PDC) 21-001, a request for a 20-lot subdivision that extends Holly Oak Way and utilizes an affordable housing density bonus on a 4.77-acre parcel located at 13667 Twin Peaks Road in the RS-4 zone Cornerstone Communities (Applicant) is proposing to redevelop a 4.77-acre parcel at 13667 Twin Peaks Road with a 20-lot single-family residential subdivision that will be accessed from an extension of Holly Oak Way. The site is zoned Residential Single Family-4 (RS-4) within the Old Poway Specific Plan (OPSP) area. The Applicant is requesting a density bonus by providing an affordable housing unit. This density bonus is allowed under State law. The project is subject to approval by the City Council of a Tentative Tract Map (TTM) and Development Review (DR). The review of Pre-Development Conference (PDC) 21-001 is advisory only. The City Council will not render any decision. If the Applicant wishes to proceed with an application, it is with the understanding that the City Council has made no representation upon which the Applicant may rely. Recommended Action: It is recommended that the City Council provide input and direction regarding the request. Discussion: Background The Applicant and Property Owner is Cornerstone Communities. The site (Assessor's Parcel Number 314-192-02) is zoned RS-4 within the Old Poway Specific Plan area. It is located on the south side of Twin Peaks Road between the Midland Road and Budwin Lane intersections. The Diroma Estates subdivision is located to the south and is also zoned RS-4. Living Way Church and a single-family residence at the end of Outlook Drive are west of the property. These properties are also zoned RS-4. Administrative offices and a bus fleet storage lot for the Poway Unified School District are located across Twin Peaks north of the site and are zoned Public Facility (PF). The Kent Hills subdivision is 1 of 28
April 6, 2021, Item #8located to the east of the subject property and is also zoned RS-4. A location/zoning vicinity map is included as Attachment A. The property lies within the Old Poway Specific Plan area. Although it is not within the mandatory Old Poway design area, Old Poway architectural design features are encouraged to be incorporated into subdivision and housing tract design. A link to the existing OPSP is provided as Attachment 8. The Applicant is utilizing a density bonus incentive that is allowed under State law by providing an affordable housing unit. To clarify the correct use of concessions and waivers that are provided by the law, the Applicant's attorney prepared the attached letter discussing their interpretation of these requirements (Attachment C). Project Summary The project site is a 4.77-acre parcel that was historically used for farming and now contains a residence that was constructed in the late 1950's. Mature trees surround the structure. The proposal is to demolish the residence, remove the trees, and create a 20-lot tract subdivision with residences that range from 3,465 square.feet to 3,900 square feet of living area. The homes feature two or three car garages with additional storage area. The proposal includes an extension of Holly Oak way onto the site which will provide access to the subdivision. A decorative block wall will be constructed along the rear property line of the homes that will back up to Twin Peaks Road and provide noise attenuation. A project description is included as Attachment D. The extension of Holly Oak Way will be a private road that will be maintained by future residents. Public utilities, including City water and sewer, will also be extended onto the site. A pedestrian easement will extend from Holly Oak Way and connect to the pedestrian trail along Twin Peaks Road. The project will contain one affordable housing unit and therefore will allow the developers to create five additional residential lots by applying State density bonus laws. The Holly Oak extension streetscape improvements include new pedestrian sidewalks, street trees, and decorative Old Poway street lights consistent with the street lights on Holly Oak Way. Stormwater treatment facilities are not shown and will likely affect the plan's overall design. The proposed site plan is included as Attachment E. A conceptual landscape plan is included as Attachment F. For tract developments, the Poway Municipal Code requires at least three different plans. Each plan is required to have three different fa~ade treatments. To provide further variety in the tract, one of the plans must be a single-story plan. The Applicant is proposing four plan types for the 20 total homes and has indicated to staff that each plan will feature two architectural schemes with four different color scheme options. Each of the plans are two stories however, the applicant has indicated that they can substitute one of their two-story plans with one that features a low profile front elevation that is designed to resemble a single story, even though the rear portion of the building is two stories. With the architecture and color variations, no two homes will be exactly the same. The proposal is also utilizing Poway's allowance to provide front yard setback variation of up to 40 percent of the homes within a tract by allowing reduced front yard setbacks of 18 feet for front entry garages and 15 feet for side entry garages. For driveways, 20 feet by 20 feet is typically recommended. The proposed plans will all feature craftsman style architecture that includes wide eaves and exposed rafters. Each architectural theme has different siding styles including lap, board and batten, or shake shingle. Stone or brick accents and pillars also provide architectural interest. The sides and rears of the homes will be stucco. The siding and masonry selections for the street elevations match some of the current homes on Holly Oak Way, however, several styles that exist on Holly Oak Way are not represented (e.g., Farmhouse, Victorian). The architectural design utilizes earth tone colors and 2 of 28
April 6, 2021, Item #8natural wood, stone, and brick finishes that provide compatibility with buildings in the Old Poway Specific Plan area and reflect Poway's rural character. Architectural renderings of the homes are included as Attachment G-J. Housing Density Bonus The maximum density in the RS-4 zone is four dwelling units per acre with a minimum lot size of 10,000 square feet. Under the Poway Municipal Code allowances, which was adopted to comply with the State law, a developer providing affordable housing can request a density bonus in addition to incentives and concessions (e.g., deviations of development standards) to be included in the development. Using RS-4 standards, the developer has calculated that the subject parcel would yield 15 lots. Since the developer will be providing one dwelling unit for a qualified very-low income family, a density bonus of five percent can be applied to the gross density of the 4.77-acre parcel. This will result in five additional dwelling units. The dwelling designated as an affordable housing unit must be consistent in size and appearance with the other dwelling units in the development. A deed covenant requiring the residence remain available to very-low income households for a minimum of 55 years will be required. Cornerstone Communities will be required to enter into an implementation agreement for the creation of the affordable housing unit. To accommodate the five additional units, the developer is also requesting development standard concessions. The granting of incentives and concessions to accommodate affordable housing is also a requirement of State law. The reduction of the minimum lot size requirement is the first requested concession. Lots in the conceptual subdivision layout range from 7,145 square feet to 13,468 square feet. Only four of the lots, all of which are located at the end of the cul-de-sac, meet the minimum lot size of the RS-4 zone, 10,000 square-feet. The remaining 16 lots range from 7,145 square feet to 8,502 square feet. Additionally, the developer is requesting that side yard setbacks be reduced to five feet. In the RS-4 zone, the side yard setback is 10 feet. Although this is a reduction of 50 percent of the setback requirement, a five-foot setback is consistent with the setback for accessory structures in the RS-4 zone. To comply with State law, the City must provide these reasonable concessions to accommodate affordable housing. Subdivision Access With Diroma Estates (TTM99-01 ), the subdivision creating Holly Oak Way, the approved final map identifies a future easement that accommodates an extension of Holly Oak Way to the north, onto the subject site. The City also required the Diroma Estates developer to record deed covenants on the title of each lot to advise future buyers of the intent to extend Holly Oak Way. A copy of deed covenant is provided as Attachment K. Staffs understanding is that this deed covenant is referenced in every preliminary title report (PTR) for each property within the Holly Oak subdivision. Access to the site from Holly Oak Way is preferred over a Twin Peaks Road entrance for multiple traffic related reasons. Twin Peaks Road is designated as a prime arterial street in the City's General Plan. Strategies of the General Plan are to reduce the access points to a major arterial street to assist the flow of traffic. One way to do this is to combine access onto adjacent properties. Utilizing the easement at the end of Holly Oak Way meets this objective. Additionally, accessing the subdivision through Holly Oak Way avoids a blind curve that is west of the site on Twin Peaks Road. The blind curve may create a safety hazard for vehicles exiting the subdivision. If access is provided along Twin Peaks Road, a new traffic signal would not be recommended given the close proximity of the signalized 3 of 28
intersections at Midland Road and Budwin Lane. A traffic analysis would be required related to
restrictions on left-turns from the subdivision onto Twin Peaks Road which may require additional
traffic calming along Twin Peaks Road. Right turns from the subdivision onto Twin Peaks are also a
concern due to the lack of visibility of on-coming traffic from the blind curve to the west.
City staff would recommend the creation of pedestrian access through the new tract from Holly Oak
Way to Twin Peaks Road to provide an additional opportunity for pedestrian circulation in the area,
given the proximity to two schools.
Public Comment
At the January 23, 2021, neighborhood open house, residents of Diroma Estates provided feedback
opposing access to the new subdivision from Holly Oak Way. They are opposed to the extension of
the street and the additional traffic that they feel will change the character of their neighborhood.
They have provided letters in opposition of this concept and are included in this report as Attachment
L.
In response to the concerns of the Diroma Estates residents, Cornerstone prepared an alternate
subdivision plan that shows an access for a new cul-de-sac from Twin Peaks Road. This alternate is
included as Attachment M. However, as mentioned earlier, this results in a number of traffic issues.
Recommendation
The review of the Pre-Development Conference (PDC) 20-001 is advisory only. The applicant is seeking
feedback on their latest submitted plans. The City Council will not render any decision. If the Applicant
wishes to proceed with their application, it is with the understanding that the City Council has made
no representation upon which the Applicant may rely. The Agreement of Understanding is included
as Attachment N. A neighborhood meeting with notification of surrounding properties in accordance
with City standards was not conducted for this item, but would be required if the Applicant pursues
the project. Cornerstone Communities did notify property owners within 500 feet of the site to
encourage public discussion of this item.
Environmental Review:
Because no action can be taken, this item is not a "Project" pursuant to the California Environmental
Quality Act (CEQA) and is therefore not subject to CEQA review.
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A.Land Use and Location Map
B.OPSP (on file in the Office of the City Clerk)
https://docs.poway.org/WebLink/Browse.aspx?id=151665&dbid=0&repo=CityofPoway
C.Letter from Project Attorney
4 of 28 April 6, 2021, Item #8
April 6, 2021, Item #8D. Project Description E. Site Plan F. Conceptual Landscape Plan G. Architectural Renderings Plan 1 H. Architectural Renderings Plan 2 I. Architectural Renderings Plan 3 J. Architectural Renderings Plan 4 K. Deed Covenant L. Letters of Opposition M. Alternate Site Plan N. Agreement of Understanding Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 5 of 28 Reviewed By: Alan Fenstermacher City Attorney
April 6, 2021, Item #80 120 240 480 .__~---~--L---___,j Feet 6 of 28 RS-RR-A CITY OF POWAY Zoning / Location Map Item: PDC 21-001 ATTACHMENT A PF
7 of 28
Old Poway Specific Plan (OPSP) on file in the Office of the City Clerk
https://docs.poway.org/WebLink/Browse.aspx?id=151665&dbid=0&repo=CityofPoway
ATTACHMENT 8 April 6, 2021, Item #8
April 6, 2021, Item #8Allen Matkins Via Electronic Mail May 26, 2020 Mr. David De Vries, AICP City Planner, Development Services City of Poway 13325 Civic Center Drive Poway, CA 92064-5755 Email: ddevries@poway.org Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law One America Plaza 600 West Broadway, 27th Floor I San Diego, CA 92101-0903 Telephone: 619.233.1155 I Facsimile: 619.233.1158 www.allenmatkins.com Timothy M. Hutter E-mail: thutter@allenmatkins.com Direct Dial: 619.235.1510 File Number: 134180-00004/SD897826.02 Re: Cornerstone Proiect -McKee Orchard Dear Mr. De Vries: This law firm represents Cornerstone Communities with respect to its McKee Orchard project (the "Project"). I write to offer some clarification regarding the interpretation of California's Density Bonus Law (Government Code§ 65915, the "DBL"), including its application to the Project. On behalf of Cornerstone, thank you for your willingness to discuss these matters and attempt to reach an understanding on behalf of the City of Poway ("City"). As you know, the current iteration of the Project proposes 1 very low income unit, and 19 market rate units, and therefore qualifies for protection under the DBL. As I understand it, there are a couple of outstanding items that you intend to run by the City Attorney to ensure conformity with the DBL and the Poway Municipal Code. Incentives and Waivers Cornerstone has previously expressed that, in order to accommodate the design of the Project, including the additional units earned by providing the affordable unit, the Project will require waivers of the minimum lot size and setback requirements. Strict application of these development standards would physically preclude construction of the Project. We understand from your correspondence that the Project would "require a lot area concession/incentive allowed by density bonus law, but the setback variance/waiver would not be permitted." This is not consistent with the DBL. In an effort to provide some clarity, I offer the following references regarding incentives and waivers for DBL projects. First, it appears there is some confusion about whether there is an exhaustion requirement in the interplay between incentives and waivers. Incentives and waivers are different categories under Los Angeles I Orange County I San Diego I Century City I San Francisco 8 of 28 ATTACHMENT C
April 6, 2021, Item #8Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law Mr. David De Vries, AICP May 26, 2020 Page 2 the DBL, and are to be reviewed independently. An applicant may submit a proposal for specific incentives or concessions, but is not required to do so. (See Gov. Code§ 65915(d)(l).) In addition, there is no requirement for any or all available incentives to be exhausted prior to utilizing waivers -the submission of a request for waivers does not affect the number of incentives available (See Gov. Code§ 65915(e)(2).) At this time, no incentives are requested or contemplated by Cornerstone. As an alternative explanation for this approach to incentives, we understand that it may be your position that a developer has an obligation to design a Project to fit applicable development standards for the zone or the City. This, too, is inconsistent with the DB and established case law interpreting it. Requests for waivers under the DBL are broadly construed, and local jurisdictions are not permitted to impose standards that would preclude construction of a project that meets the requirements of the DBL unless specific findings can be made. The criteria for those findings are not met here. While critics and even some public officials have claimed that developers should re-design or modify projects to build smaller units, provide more open space, or eliminate amenities in order to comply with local standards, that approach has been soundly rejected by California courts. In Wollmer v. City of Berkeley (2011) 193 Cal.App.4th 1329, 1346-1347 (known as Wollmer II), the court flatly stated that "standards may be waived that physically preclude construction of a housing development meeting the requirements of a density bonus, period. The statute does not say that what must be precluded is a project with no amenities, or that amenities may not be the reason a waiver is needed. Wollmer's argument goes nowhere." In effect, the project applicant is permitted to design and propose a project. If a project meets the requirements of the DBL, any development standards that preclude construction of the project as designed must be waived. That principle applies here: the Project qualifies for benefits under the DBL, and the waivers identified by Cornerstone are necessary to accommodate the Project as designed. In particular, as explored above in relation to the density calculations, more units are proposed than would typically be allowed in the subject zone. Setbacks are specifically identified as an example of a "development standard" in section 65915(0)(1), and they are commonly waived for density bonus projects. The same is true for minimum lot size requirements. Conclusion We recognize that density bonus projects can be both controversial and complex due to the number of differences from a standard entitlement process. Cornerstone representatives and I are willing to participate in a meeting with you, Mr. Manis, and the City Attorney to discuss these issues at your convenience. Given the current environment, we expect that may need to occur via video or teleconference, and are willing to accommodate whatever would work for the City. 9 of 28
April 6, 2021, Item #8Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law Mr. David De Vries, AICP May 26, 2020 Page 3 We hope that you, your family, and the other members of City staff are doing well in these difficult times. We look forward to hearing from you and continuing to work with the City to bring this Project to fruition. TMH:cs 10 of 28 Sincerely, ls/Timothy M. Hutter Timothy M. Hutter
April 6, 2021, Item #8Mct'\ee Orchard Pre-Development Conference Parcel 314-192-02-00 Project Information Cornerstone Communities proposes to develop the McKee Orchard site as a single cul-de-sac street with 20 Single Family Residences. • Project Summary o Gross Area -4.77 AC o R.O.W. Dedication -0.152 AC o New Public Street -0. 709 AC o Net Area - 3.911 AC • Zoning: RS-4 The current RS-4 residential single-family zone is intended as an area for single-family residential development on minimum lot sizes of 10,000 square feet and maximum densities of four units per acre. Cornerstone's plans includes twenty (20) single family homes, which is slightly under the minimum lot size, as we will be utilizing a density bonus to provide one (1) affordable housing unit. • Walking trail to Twin Peaks Road • Average Lot Size -8,500 SF • 20 Single Family Homes -Craftsman Style Architecture Site Development This is a development providing (19) market rate homes and (1) affordable single-family home. Per direction from the City Planning Department, the proposed neighborhood plan was designed as an extension of Holly Oak Way. On January 25, 2021, Cornerstone Communities held a Community Outreach Meeting and shared the plans with interested residents. After presenting our plan, we received strong resistance from the Holly Oak residents to the layout that would take away their cul-de-sac. Because of the very negative feedback, we propose an alternate layout be considered that would enter from Twin Peaks Road and not connect to Holly Oak Way. This would enable the Holly Oak cul-de-sac to remain intact and would be consistent with the project on Kent Hill Way, which is the next street to the East. Construction will consist of demolition of existing structures, mass grading of the site, installation of public storm drains, public water and public sewer. All power and dry utilities will be constructed underground and public curbs, gutters, sidewalks, pavement etc., will be installed for the circulation element and will include parkway landscaping with street trees and a walking trail. 11 of 28 .JAN 2 9 2uJ A TT AC~,Mjf~(LD. • ."·1.,.-.·1
April 6, 2021, Item #8Mct'\ee Orchard Pre-Development Conference Parcel 314-192-02-00 Most important of all will be the construction of 20 attractive single-family homes, which will be constructed in Phases of approximately 5 homes each. Architectural Style The intended lots shall be developed as 2-story single family residences, composed of 3 to 5 bedrooms and 3 ½ to 5 ½ baths. Casitas with separate entrances will be standard with the plans 2 and 3, and optional with the Plan 1. Exterior building elevations shall be Craftsman Style, which is consistent with the Old Poway Specific Plan. The exteriors will feature cement tile roofs, overhanging eaves, wood accents, patterned windowpanes, with various combinations of board and batten, lap siding, stone and brick. The exterior colors will be earth tones, including green, brown, and taupe shades. Plan 1 Plan 2 Plan 3 Plan4 12 of 28 3,465 SF living area with 617 SF, 3 car tandem garage 3 - 4 bedrooms with optional casita and 3 ½ -4 ½ baths -Note: master suite is located on the first floor. 3,598 SF living area with 781 SF, 3 car tandem garage 3 - 4 bedrooms with casita and 3 ½ to 4 ½ baths 3,900 SF living area with 640 SF, 3 car tandem garage 3 - 4 bedrooms, with casita and 4 ½ baths 3,900 SF living area with 640 SF, 3 car tandem garage, 215 SF storage (small garage), 3 - 4 bedrooms, with casita and 4 ½ baths
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April 6, 2021, Item #8--~( .. ~~ Church--Parking Lot-..) J j 14 of 28 Twin 1 andscape Plan Peaks Road ---------·---·-·-· ---·------··-··--· ···-·-··· ···--···---··--····-·•-ect"o t · ·,. Notes: 1. Front and rear yard landscaping will be installed by individual homeowners. 2. Developer will install street trees; individual homeowners will be given vouchers by developer for additional trees as required to mitigate the removal of existing trees Conceptual rendering only. Actual development to be per Project Development Plans. ~ Orcr ATTACHMENT F 1/14/2021
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April 6, 2021, Item #8• RECORDiNG1 ... REQUESTED BY~ -CiT'i.·oF·•:PbWAY AND WHEN RECORDE'.b MAiL jb: APR. 02·• 200_2 1Cl,:44 LJfICiti.. mmI6 · i SAfEDIEGO ,lll.fflY Rmm:R! s 'OFFIL'E .(l{OORV' J ~ flfllH, i(DfflY ffilRIEf ms: ... o~oo :AM CIT't"'CLERK crr{or=j:>owA v P.O. 80)5.789 ·~ NO~n:~::~92074 . 11 lmllH 111111~11 lllll lJ 2002•0272997 I 1f APN.314'192"38; 39 &69 '.l (This\space·for.:;Recorder's Use) ·NO DOCUMENTTRANSFER TAX, N0 FEE DECLARATION,AND·N0TICE~0F.FUTURE ., . -PUBCIC STREET:fuENSION (HOLL Y'OAKWAY,f , •'. W~, the :undersignecLownersmf\the ,f?toperty descrit;>eq ~-~ A.PN .31,4-192~~-, 39. & &a, shovm -.on1 Exhibit "A"' attached hereto, ofv.ihich· is· subject to a p~opos~d 1.4~1ot subdt~n~iqn 9f Te.,:i!atiy_e· Tt~~tM~p·No; 90-;0JR; ·approved by0the Ci~y Council of'the City;of Poway per~Resolutio·n NQ. P~ OO.;f3Q•~rfQ~q_ber1~, ~opo~. hete~f1a~.~re.a.ndserv~ no.!i~Jto,f~ure buyers or owiers of;Lots 1 thru t4~, inclusive, their successors:iat)d·a~sfgns that ~olly,Oak-Way. a ctajiain public s(reef to-:be, created·within•-the·subdivision, 1may'be, at a.future date, .. extended•northerly-to·Tw.;n Pea~sH9ad~ ·_ · es·~e-:. K~'n( · stee;~James E. Kent & Kathfyf:1-E. Kent ~99B'T.rust dat~d··12~3-98 19 of 28 ~ion, J. M.. _rphy TrUstee; Bicm J. Murph ; Jr-·&· arbara· L. Murphy,,Family Trust:dated;G:-26.-89 -Lou1secE;, Kronus Trust~~e~ ~..ibT 3-29-96 . ~~/Z:· ¥,J Taj~t~i:~~r,nes E; Kent & Kathryn~. JSent 1998 Trust dated 1-2~~98 ATTACHMENT K
April 6, 2021, Item #8Scott Nespor From: Sent: To: Cc: Subject: James Bunner <jbunner@kpbs.org > Saturday, January 23, 2021 4:06 PM David De Vries Scott Nespor Housing protest (sharing an email to our councilman) Dear Mr. Mullin, You are going to be getting inundated with complaints over a proposed housing project in Holly Oak Way. "Cornerstone Communities" is going to try and cram 20 homes in the vacant lot between Holly Oak and Twin Oaks. (Heck the streets are named after trees but they're going to be taking down some historic trees.) Worst yet the traffic being Slammed thru our neighborhood. I live on the end of the Cul de sac and there are so many concerns: Traffic, no exit entry for emergencies, flooding( loss of trees, exotic wildlife and environmental issues, the list goes on. You've got a mob of taxpayers, VOTERS, DONORS, who aren't happy at all. We're not going to stand for a huge project invading our neighborhood. There are zoning problems and experts and attorneys have advised as such. The homes will not have the same character on and on. Midland road can't handle any more. It's dangerous already trying to pull in and out of Holly Oak Way. Fires, Quake evacuation impossible. Those in our area and elsewhere will fight this. Word is spreading and doin the media will join in. Enough is enough. Sure ... a handful of homes entering into a long right turn lane off Twin Peaks would probably work ... but nothing more. So just giving you a heads up if you are not aware already. I appreciate your time and REPRESENTATION for your constituents who vote you in, the CITY and developers DO NOT. I get the "nimby'' attitude in this city but what is being proposed in dangerous, not sound environmentally etc etc and greedy. We will expect you to vote it down. Thanks for your time. Jim Bunner, homeowner, taxpayer, activist, family man Sent from my iPhone Sent from my iPhone 20 of 28 ATTACtf MENT L
April 6, 2021, Item #8January 29, 2021 Jack Robson Vice President of land Planning and Development Cornerstone Communities 4365 Executive Drive, Suite 600 San Diego, CA 92121 RE: Construction Project at 13667 Twin Peaks Road, Poway, CA 92064 Dear IV!r. Robson: Thank you for presenting your proposal on Saturday, January 23, and allowing us to express our serious concerns. We, the homeowners and families residing on Holly Oak Way and Tvvin Gables Court, have discussed the proposal and believe it important to set out our position in writing. We hereby state ve;y dearly our vehement and unanimous opposition to the pro,iect as proposed b0ca~1se it 'Nou!d have devastating and irreversible effects upon our quality of life, safo·ty, and i::tropertv valu·es. The extension of Holiy Oak Wav and construction of 20 houses would more than tdp!e the nurn'··er c;-veh~c!es regu1a(~Y -~ransiting l·fo';y Oak \Nav. This is a qu1et and peaceful community of just l3 families, where residents and children can safely ",alk across our streets as well as g;thei and p!2v in ou,· cul-de-sacs. The characier and nature o-f our neighborhood \.Viii be destroyed by your proposed development. Further, it wouid cx~cerbate an already dangerous trr.:ffic condition .at the intersection o-f :-;oilv Gak \Nay and ;v'Hdland Road. We also have serious concerns about the major disruption to our daily lives during the construction and sale phases of the project, which you estimate \vou!d last almost two years. Trucks, heavv equipment, sales agents, prospective ouyers, and service providers regularly transiting on Hol!v Oak Way would be a nightmare, in addition to the noise, dirt, c;mct dust po:!ution gener2ted bv the constrn-:tion. Further, the densnv, style, architecture, anc aesthetics o-:t:1e proposed 20 houses are cornple'i:etv lncons-istent and incompatible with our neighborhood; vvhich consists of !argelv craftsman•stvte, single-story, custom-buHt homes on targe lots. The proposal to shoehorn 20 two-story houses onto a 4-. 77 acrn parcel is a stadc departure from the character of our neighborhood, and will diminish ou~ pror<?.rty values. We understand that Cornerstone's objective is to derive a maximum ieturn on the investment in Its ieC7=nt!y acquired property, but \Ne urge you to take our legitimate and s12rious concerns into considerntion bt-::fore disrwriing o,.:r !i'IeS and :~e:;t:-o/l:1g cJ; ;,".iCnd2,ful ne~ghboehood. 1 21 of 28
April 6, 2021, Item #8P1s proposed at the communitv meeting on January 23, we request that you make a very concerted effort to have the City of Poway approve an entrance from Twin Pea!<s Road into the development and leave closed the existing HoHv Oak Way cul-de-sac. We are prepared to support you in this effo1t, if you are sincere. Otherwise, we are piepared to exhaust every legal, regulatory, and political remedy to stop your project for the pro~ection and presen.rz~ion of our cherished neighborhood. S:ncerely, The FamiHes of Holly Oak Way and Tvvin Gables Court 412-402-8892 /,/) ~ ---L_ ~-~~~ ~~¥pdJ John & Mina Foster 13625 HoHv Oak vvav Jim 8~ Kay l<ent 13685 Holly Oak Way 619-851-3254 Lester & Surbhi Marrison 14455 Tvvin Gables Court 619-513-7408 22 of 28 Alla·n J. Preckei 13621 Holly Oak \M'iiy 858-382-7561 Mark & Sonia Caskey 13635 Holly Oak iNay 858-6G8-7029 Scott @ Bernadette Swan 14-460 Tw~n Gables Court 858-776-6066 --· .: ,;" ...... , ... -• -----------'-'--"-·•·-··· _. '·-Donna Kent 13685 ~0H~1 Oak VVay 619-851-0140 lf/✓2 .,;-,,, .t ~ w-:7#4-Massimo & Marissa Sasso 13640 Hol!y Oa!· VVav 858-382--7558 Gabriel & Anna Ho 14450 TiNin Gables Court 858-663-24-47 Deena Delaney 144-60 Twin Gab!es Court 858--216-5945 2
April 6, 2021, Item #8C-------==;;:::;;;;;;;;;;~----..,=============-~ Juan & Kathy Chavez 14-436 Midland Road 858-7 48-2345 Quoc & Nu Vuong 13620 Holly Oak Way 858-842-1238 Cc: Ure Kretowicz, CEO Cornerstone Properties Michael Sabourin, COO Cornerstone Properties 23 of 28 Jim Bunner 13660 Holly Oak Way 619-764-1884
April 6, 2021, Item #8Mayor Steve Vaus Deputy Mayor Barry Leonard Councilmember John Mullin Councilmember Dave Grosch Councilmember Caylin Frank City of Poway P.O. Box 789 Poway, CA 9207 4-0789 March 8, 2021 Homeowners & Residents on Holly Oak Way & Twin Gables Ct. Poway, CA Re: Proposed development at 13667 Twin Peaks Road ("McKee parcel") by Cornerstone Communities Dear Mayor and Councilmembers: I am writing on behalf of all 13 homeowners and residents on Holly Oak Way and Twin Gables Court to express our united and adamant opposition to the proposal by Cornerstone Communities to extend the Hol1y Oak Way cul-de-sac and make it the sole access point to 20 two-story homes to be constructed on a 4.77-acre parcel that fronts on Twin Peaks Road. The reasons for our opposition are set forth in the enclosed letter that was signed by all of us and sent to the Cornerstone principals more than a month ago. We have received no response, not even the courtesy of an acknowledgement. Councilmember John Mullin met with us on-site on February 20 and informed us that Cornerstone has requested a predevelopment conference before the City Council, sitting as the Planning Board, which will likely be calendared in April. We, the affected residents, intend to fully participate in that conference. 1 24 of 28
April 6, 2021, Item #8We recognize that the parcel in question is zoned RS-4 and is ripe for residential development. Although we are concerned about the proposal to squeeze 20 houses onto the site, with maximum 5-foot side setbacks -very much out of character with our large lots and custom-built homes -our opposition is focused on safety concerns and the negative impacts on our quality of life based on the access point being from Holly Oak Way. My home is on the southeast corner of Holly Oak Way and Midland Road. As I write this, cars can be heard speeding by on Midland Rd. The Holly Oak Way intersection does not allow for good north-south visibility, and the prospect of more than tripling the number of vehicles into and out of Holly Oak Way presents substantially increased traffic hazards. Ours is a very quiet and tranquil neighborhood. Children play in the cul-de-sacs, and residents enjoy walking their dogs and going to the mailboxes without undue concern for vehicular traffic, which is minimal. All of that will change dramatically if Holly Oak Way is extended to accommodate Cornerstone's development. We strongly believe and assert that good planning, safety considerations, and common sense support an alternate access point -from Twin Peaks Road. The parcel fronts on that roadway, which provides easy and direct access for heavy equipment and materials. The houses can be constructed along a separate cul-de-sac, leaving Holly Oak Way intact. We beseech you to spare us from becoming a construction zone for almost two years, only to be followed by a further and permanent degradation of our safety and quality of life. We thank you for taking our very serious concerns into consideration when you ultimately vote on this development. We stand ready to meet with you and/or City staff on-site at any time to further sensitize you to the legitimacy of our opposition to any extension of the Holly Oak Way cul-de-sac. 25 of 28 Sincerely, ;· O Q I)~.,_. S\--¼;l.£.Q}f.e. '---C✓-1 / l;/ ALLAN J. PRECKEL 13621 Holly Oak Way, Poway, CA 92064 Alia(, Pree J:..l@::ox.n2t 858.382. 7561 2
April 6, 2021, Item #8cc: Bob Manis, Director of Development Services Tracy Beach, Senior Civil Engineer (Land Development) David DeVries, City Planner Austin Silva, Senior Planner (Traffic Engineering) Enclosure 26 of 28 3
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April 6, 2021, Item #8AGREEMENT OF UNDERSTANDING City Council for the City of Poway, hereinafter referred to as "City" and __ C_o_r_ne_r_s_to_n_e_C_o_m_m_u_n_it_ie_s....;.,_L_L_C _____ , hereinafter referred to as "Proponent" enter into this Agreement of Understanding based upon the following facts: Proponent owns or has an equitable interest in land described by tax Assessor's Parcel Number(s) _3_1_4_-1_9_2_-0_2_-_00 _______ . Proponent desires to develop this property in accordance with the will of the City and without the expense of a protracted development. City is concerned that Proponent will create development plans unsatisfactory to City and consume time and effort of City employees needlessly on unsatisfactory development plans unless City assists in directing Proponent. Based upon the above-mentioned facts, City will grant Proponent a hearing prior to filing any application for development upon the following understanding: a. City will render no decision with regards to any development proposal or part thereof. b. City will receive no evidence, specific in nature, in support of a particular development plan. c. City will make no representations that will obligate the City to render a decision in favor of or against any development proposal or part thereof Proponent may subsequently submit. d. If any development proposal is subsequently submitted, Proponent will proceed at its sole and exclusive risk with the understanding that City has made no representations upon which Proponent may rely. Dated: 1/29/2021 28 of 28 Proponent: ·:C ·: ATTACHMENT N JAN 2 9 2021 Signature Ure R Kretowicz, Manager ;>tx:..21-00,
DATE:
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Summary:
AGENDA REPORT CityofPoway
CITY COUNCIL
April 6, 2021
Honorable Mayor and Members of the City Council
Wendy Kaserman, Assistant City Manager/Acting Director of Community Services W ~
Belinda Romero, Community Services Manager/Acting PCPA Supervisor
(858) 668-4592 or bromero@poway.org
Poway Center for the Performing Arts (PCPA) Workshop
The City Council held a workshop on November 5, 2019 to discuss the Poway Center for the
Performing Arts (PCPA). During the workshop staff presented information about the evolution of the
current PCPA operating model, the primary user groups and existing use agreements, as well as the
budgetary challenges with maintaining the ongoing annual operating subsidy (approximately
$700k/annually) and funding upcoming capital projects (approximately $3.3m) including HVAC work,
roofing, and seat replacement. Staff presented several alternate operating models for City Council's
consideration and recommended the Council consider directing staff to meet with Poway Unified
School District (PUSD) to further explore their interest in potentially purchasing the PCPA. Council
directed staff to engage in discussions with PUSD. Within a few months of the workshop, the pandemic
hit and responding to the pandemic became the focal point for both the City as well as PUSD.
During and after the 2019 workshop, the City Council heard from multiple user groups, as well as
Poway residents that there is a strong interest in the City maintaining operational control of the PCPA.
At the July 21, 2020 City Council meeting, Mayor Vaus appointed Deputy Mayor Leonard and
Councilmember Grosch to a new City Council PCPA ad hoc committee intended to meet with user
groups and report back to the City Council on future operations and options for the PCPA. At the
December 1, 2020 City Council meeting the PCPA ad hoc committee provided a brief report out in
which they recommended the City pause negotiations with PUSD for their potential acquisition of the
PCPA and directed staff to work with the ad hoc committee and user groups to develop a more
financially sustainable operating model with the City maintaining ownership and operational control
of the PCPA. Both Deputy Mayor Leonard, as well as Councilmember Grosch indicated that all user
groups should expect changes if the City is going to retain ownership of the facility and reduce the
operating subsidy.
Since December, both the ad hoc committee members, as well as City staff have had multiple
meetings with user groups and stakeholders to discuss ideas and opportunities to transition to a more
fiscally sustainable operating model, as well as fund future capital improvements and improve
operational efficiency while also providing more equitable access to the facility. The focus of this
1 of 10 April 6, 2021, Item #9
workshop is for the City Council to provide direction on several critical decision points. Based on City
Council direction, staff anticipates returning to Council at a future date for action/adoption of the
items discussed.
Recommended Action:
It is recommended that the City Council provide staff with direction regarding the decision points
outlined in this staff report.
Discussion:
The PCPA is a unique performing arts venue in the City of Poway. As described in the previous
workshop, there are three primary user groups of the facility. These groups are Poway OnStage (POS),
the 501 (c)(3) non-profit responsible for the annual professional performance series at the PCPA. PUSD
utilizes the theater for some student instruction, student rehearsals, performances, and other PUSD
functions. Community user groups including theater groups, dance companies, and other performing
arts groups rent the facility for rehearsals and performances. Each of the three user groups has
different priority access to reserve the facility, as well as different fee structures.
The current operating model is the major contributing factor toward what the City Council, the Budget
Review Committee, and staff have identified as an unsustainable annual operating subsidy. Looking
at both projected revenues and expenditures (pre-pandemic), the current annual General Fund
operating subsidy is approximately $700k. The subsidy appeared lower for FY 20-21 due to the City
leaving two positions (notably the PCPA Supervisor) unfilled and unfunded as negotiations with PUSD
for their potential purchase of the facility were ongoing. As described by City staff in multiple budget
presentations, and most recently at the March 2, 2021 City Council meeting, General Fund expenditure
growth is outpacing revenue growth. The City is projecting General Fund deficits over the next several
years unless action is taken to either grow revenues or reduce expenditures or a combination of both.
In order to transition the PCPA to a more financially sustainable operating model, staff has identified
several core decision points outlined below. While the initial decision points are foundational in terms
of the use policy, user group access and cost recovery levels, the remaining decision points are
randomly ordered. They are not ordered based upon one decision point being more important than
another. Staff acknowledges that some of the decisions will be difficult and do have the potential to
impact the operations of some of the City's user groups. The core decision points, are followed by
ancillary decision points.
Use and Use Policy
The current use policy focuses on the PCPA being utilized primarily for arts and education. The
calendaring policy gives first priority access after the City to POS. After they secure performance dates
with artists, dates are then released for PUSD, and then once PUSD makes its selections, dates are
then made available to community user groups. This structure provides maximum flexibility to POS
to book professional performances and work within the artists' tour schedules, however it also
reduces how far in advance PUSD (9 months) and the community groups (6 months) can secure their
desired dates. Through meetings with PUSD and community groups, the ad hoc committee and staff
have heard these groups would like earlier access to secure dates. We have also heard concerns from
POS about how changes to calendaring may impact their ability to secure artists. The current
calendaring process is also extremely staff/time intensive and fees do not reflect this.
2 of 10 April 6, 2021, Item #9
Decision Points: Does the City Council want to maintain the current policy that the priority use
of the PCPA is arts and education programming?
Does the City Council want to revise the existing use policy to allow all three
user groups more equitable access and more advanced confirmation of
calendar dates?
Does the Council want to expand the use policy to allow for uses outside of
arts and education programming including private social functions, business,
and religious uses? Anticipating these uses would have last priority in terms of
calendar access, there are questions about how frequently they would rent
the PCPA for functions. As an example, would a church rent the facility for
services on Sunday mornings if they couldn't book the facility every Sunday for
an extended period of time?
While the PCPA has been closed since March 2020 due to the pandemic, in normal times the facility is
open for public use and rental roughly 220 days a year between late September and June. There are
periods of closure between September and June for annual maintenance and the facility closes during
the summer, additionally the box office is only open on certain days of the week. Many of the closure
dates were established by the City over time in an attempt to contain costs since generally speaking
fees have not been set to fully recover the cost of opening the theater for public use. To put that
another way, it often costs the City more to open the theater for use than the City collects in revenue.
The PCPA staffing model in last full year of operations pre-pandemic (FY 18-19) included the following
regular/benefitted full-time equivalent (FTE) staff members: PCPA Supervisor (currently vacant}, 2
Technical Theater Coordinators, ¾ FTE Front of House Coordinator, ¾ FTE Box Office Coordinator
(currently vacant) and a part-time Administrative Assistant Ill (currently vacant). The pandemic (and
corresponding closure of the PCPA) has allowed for extended vacancies, however when health orders
are lifted and we begin to prepare for re-opening of the PCPA, we will need to determine the
appropriate organizational structure and ensure we have the staff necessary to operate the facility
and provide services to user groups.
Decision Point:
Cost Recovery
Does the City Council want to expand the number of days the PCPA is available
for public use, including opening in the summer? It is still anticipated that there
would be some limited closures for annual maintenance and the major capital
projects that need to be completed in the coming years and have the potential
to require extended closures as well.
As both the City Council Ad Hoc Committee and staff have met with user groups, the number one
question has related to fees and cost recovery and impacts to user groups. While the City Council has
said a greater level of cost recovery is needed, it has not yet defined what an acceptable level of cost
recovery is. The current fee structures for all user groups are intended to recover some portion of
costs, however expenditures currently exceed revenues by approximately $700k annually. For some
perspective, the daily cost for the PCPA can fluctuate from $2,500 to $5,400 based on the formula
utilized for cost-recovery and the City Council decisions on subsidy parameters. If we utilize the FY
18-19 (the last full year of operations pre-pandemic) expense total of $1,191,487 and divide it by the
current 220 days available, the daily rate is $5,415, yet if you spread the costs equally over 365 days,
the result is $3,264 per day. Although it is feasible to expa~d use and utilize the theater more days
3 of 10 April 6, 2021, Item #9
per year, it is important to remember that a portion of these dates may not be rented out. In FY 18-
19, 86% of the 220 available dates were used.
Staff is intentionally seeking policy direction on the acceptable level of cost recovery versus presenting
fee schedules. Council's direction on the cost recovery will drive the fee structures staff brings back to
the City Council for consideration in the future. Based on the anticipated timing of bringing changes
back and allowing all groups time to plan and adjust to changes, staff would recommend most
changes take effect beginning with the 2022-23 performance season which starts in August 2022.
Decision Point How much does the City Council want to reduce the approximately $700k
annually subsidy by and by what time frame?
For example, does the City Council want to reduce the subsidy by 50% in Fiscal
Year 2022-23 Uuly 1, 2022 through June 30, 2023)?
The current fee structure has different rates for private businesses and non-
profits. It does not distinguish between Poway and Non-Poway user groups.
Due to the fact the PCPA has a regional draw, whether the user group is
physically in or out of Poway, does not necessarily indicate where audiences
are coming from, nor does it indicate the residency of participant performers.
Does Council want to maintain the two existing categories? If there is direction
to expand the use policy to include other functions, does Council want to have
different rates for arts and education programming vs. religious uses and
private functions (i.e. a wedding or a corporate type event)?
Should new fees also include a capital component to help offset a portion of
major capital projects that are on the horizon?
Does the City Council want to engage a professional fee consultant to develop
fees consistent with the cost recovery and capital funding direction provided
to staff? If the City Council is interested in engaging a consultant, does the
Council want a consultant who focuses exclusively on fees or a consultant that
perhaps has expertise in the area of performing arts venues? This likely
depends on Council's goals with the fees, a financial consultant would likely
be more focused on cost recovery, whereas a consultant with performing arts
expertise may be more focused on the market and competing venues. In
either approach, staff does anticipate doing a market check, to ensure the
proposed fees are not so far out of market that we lose clients and rental
revenue.
Agreements wl User Groups
The City has agreements in place with POS, as well as PUSD.
POS is responsible for booking the professional performance series offered annually at the PCPA and
enjoyed by Poway residents, as well as individuals throughout the San Diego Region. The current
agreement between the City and POS expires in June 2021. The agreement is structured in such a way
that in return for booking and facilitating the professional performance series, the City provides POS
with multiple benefits, including a direct cash subsidy ($93,350 in the current fiscal year), free office
space at the PCPA, free use of the theater for performances, and free and reduced staff support
charges. Within the last two years POS did add a $3 fee to their tickets that is being transferred to the
4 of 10 April 6, 2021, Item #9
City to put toward capital projects but POS, like all other users, retains all other revenue, minus
handling fees, from their performances.
The City and PUSD entered into a Joint Use Agreement UUA) at the time the PCPA was built 30 years
ago. The facility is unique in that it is on PUSD property but the City owns the building. Generally, per
the terms of the agreement, PUSD has access to 35% of the available annual dates at the PCPA and in
turn pays 35% of specific operating costs. There are however notable exceptions to shared costs
including electricity and major capital projects. The JUA also provides for PUSD paying discounted
hourly rates for staff support of their events. In recent years City staff and PUSD staff have discussed
the need to update theJUA. It was in fact these discussions in 2019 that initially led to PUSD expressing
an interest in purchasing the facility.
Decision Points:
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Does the City Council want staff to negotiate a new agreement with POS?
Alternatively does the Council want to explore other options for booking
professional performance series at the PCPA beginning with the 2022-23
performance season (e.g. issuing an RFP for booking services)? POS would
have the opportunity to submit a proposal. If the City Council does want staff
to negotiate a new agreement with POS, should the new agreement include
any direct or indirect subsidies or should POS be subject to all of the same fees
and charges as all other user groups? Staff conservatively estimates the
combined value of the indirect and direct subsidy to POS as over
$300k/annually. This does not include a contribution to the major capital
projects mentioned in previous sections. In order to fully realize this additional
revenue, either the agreement with POS and/or the PCPA fee structure would
need to be revised to eliminate the cash subsidy, require POS to in some way
pay for their proportionate share of operations and maintenance and all staff
support before and during their season, and pay rental charges for their use
of the facility.
Given that the current agreement with POS expires in June 2021 and staff likely
will not return to Council for action on all fees, agreements, and other related
matters until after June 2021, does the City Council want staff to negotiate a
one-year temporary contract extension with POS? Should that agreement
include any direct cash subsidy? At this point no subsidy is included in the
proposed FY 2021-22 budget due to the fact the current agreement expires at
the end of this fiscal year.
Does the City Council want staff to negotiate a new agreement with PUSD? If
yes, should the agreement include any direct or indirect subsidies or should
PUSD be subject to all of the same fees and charges as all other user groups?
As an alternative to PUSD directly paying the same fees and charges as other
user groups, is the City Council open to alternatives that could include direct
cost sharing of positions or other expenditures. Examples could include PUSD
hiring staff to directly support PCPA operations, and/or collaboration related
to other operating expenses. Staff estimates that if the PUSD agreement was
amended to require them to pay the full 35% cost share (excluding major
capital projects) plus full loaded staff rates, they would be paying the City
approximately $122k more annually between operating and staff expenses.
Major capital projects were excluded from this number due to the fact that
ideally funding for major capital projects would be collected in smaller
April 6, 2021, Item #9
Fund raising
increments over a number of years. Based on the projected $3.3m in major
capital projects, PUSD's 35% cost share would be $1.1 Sm.
PUSD has expressed an interest in more access to the PCPA during both school
days and for evenings. Is the City Council open to providing more access and
under what conditions?
During both ad hoc committee and staff meetings with user groups the concept of fundraising to help
offset both capital and operating expenses, as well as potentially help fund new City programming,
has been raised multiple times. The fundraising discussions can be characterized into two distinct
ideas.
Establishment of an Endowment and/or Capital Campaign
In order for an endowment to generate significant enough interest to meaningfully offset either
operating and/or capital expenses at the PCPA, staff estimates $8-1 Om would need to be raised.
Through one of POS's long-time donors (who also contributed funding toward the construction of the
PCPA), there is the potential of $1 min seed money to the City to establish a new endowment, however
to grow that to $8-1 Om will require a serious commitment by all stakeholders, including City Council
members. Should there be an interest in pursuing this, the first logical step from staff's perspective
would be to engage a professional fundraiser to conduct a feasibility study to see if it is plausible and
if there's commitment to carry out this effort. It is anticipated City staff would serve in a lead role in
coordinating the feasibility study. The POS donor who has indicated the willingness to provide the
endowment seed money is willing to allow some of those funds to be used toward funding the
feasibility study. While it is a POS donor, it would be made abundantly clear that the feasibility study
is being conducted for the City of Poway, it is not in any way a potential fundraising opportunity for
POS.
An alternative to the endowment that theoretically would generate annual interest payments to offset
operation costs, would be a capital campaign solely focused on generating funds toward the $3.3m in
projects that will be needed over the next 3-5 years. The City has identified approximately $1 m in
previously set-aside funds for capital projects that is available for these projects, so a capital campaign
would require significantly less one-time funding (approximately $2.3m) than forming a new
endowment to help with ongoing operating costs.
Decision Point Does the City Council want City Staff to engage the services of a professional
fundraiser to conduct a feasibility study to explore the feasibility of either a
capital campaign and/or fundraising for a new endowment, including the
formation of a stakeholder committee? The feasibility study is anticipated to
cost approximately $30k.
Arts Advisory Committee Concept
Separate from the discussion about an endowment and/or a capital campaign, the ad hoc committee
and staff have also heard from a number of stakeholders that there's an interest in potentially forming
an Arts Advisory Committee. This committee could serve in an advisory capacity to the PCPA similar
to the existing Parks and Recreation Advisory Committee (PRAC). Staff would envision the committee
potentially meeting quarterly or as needed to provide input on best practices and PCPA operations,
as well as potentially plan and support a limited number of special events to promote the arts in
Poway and generate revenue for marketing the arts and potentially funding new family oriented
programming geared toward younger audiences than a professional performance series.
6 of 10 April 6, 2021, Item #9
Decision Point:
Best Practices Research
Does the City Council want staff to pursue the formation of an advisory arts
committee? The PRAC is comprised of 5 residents, as is the Budget Review
Committee. Should the Council want to form an Arts Advisory Committee, staff
would recommend that it too be limited to a relatively small number of
members with performing arts knowledge and experience that are either
residents or representatives from PCPA user groups. Staff does not intend to
propose the addition of any new staff positions as part of this report or future
action, so it is important as direction is provided on follow up actions and roles
and responsibilities associated with this workshop, to consider the impact of
new and expanded duties that may be assigned to existing staff.
In addition to the valuable input both the ad hoc committee and staff have received from user groups
and stakeholders, staff also sees benefit is reaching out to similar venues to learn more about their
organizational structure, fee structure, and overall operations. This research may help inform
decisions related to multiple topics including but not limited to, calendaring/scheduling processes,
staffing, and ticketing and fee structures. It is worth noting that with the pandemic and many arts
facilities being temporarily shutdown with limited staffing, this research may take longer than it would
have pre-pandemic.
Decision Point:
Next Steps
Does the City Council want staff to research similar performing arts venues to
research best practices in place at other facilities that may help improve the
efficiency of PCPA operations, reducing the operating subsidy, and generate
funding for major capital projects? Should the City Council provide direction to
form an Arts Advisory Committee, staff would envision discussing their
findings with the Arts Advisory Committee, to get feedback from committee
members, prior to bringing forward recommendations to the City Council.
This workshop represents an important milestone for future PCPA operations, as the direction
provided by the City Council recognizes the value of the arts in Poway and the value of keeping the
PCPA under City control while charting a course for more financially sustainable operations in the
future.
Based on the direction provided by the City Council on the decision points, staff will begin the work
necessary to bring back items for future City Council consideration. With the exception of specific
items denoted in the report, the intent would be for most changes to be implemented prior to the
2022-23 performance season beginning in July 2022.
Environmental Review:
This report is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
There is no direct fiscal impact associated with this report. However, based on City Council direction
on the decision points, follow up items staff will bring back to the City Council for future consideration
have the potential for significant positive fiscal impact to the General Fund.
7 of 10 April 6, 2021, Item #9
Public Notification:
None.
Attachments:
A. Summary PCPA Decision Points
Reviewed/ Approved By:
Wendy Kaserman
Assistant City Manager
8 of 10
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
April 6, 2021, Item #9
Summary of PCPA Decision Points
Use and Use Policy
1. Does the City Council want to maintain the current policy that the priority use of the PCPA is
arts and education programming?
2. Does the City Council want to revise the existing use policy to allow all three user groups
more equitable access and more advanced confirmation of calendar dates?
3. Does the Council want to expand the use policy to allow for uses outside of arts and education
programming including private social functions, business, and religious uses?
4. Does the City Council want to expand the number of days the PCPA is available for public use,
including opening in the summer?
Cost Recovery
1. How much does the City Council want to reduce the approximately $700k annually subsidy
by and by what time frame?
2. Does Council want to maintain the two existing fee categories (private business and non-
profit)?
3. Does Council want to have different rates for arts and education programming vs. religious
uses and private functions (i.e a wedding or a corporate type event)?
4. Does the City Council want to engage a professional fee consultant to develop fees consistent
with the cost recovery and capital funding direction provided to staff? If yes, the City Council
does the Council want a consultant who focuses exclusively on fees or a consultant that has
expertise in the area of performing arts venues?
Agreements w/ User Groups
1. Does the City Council want staff to negotiate a new agreement with POS? Alternatively does
the Council want to explore other options for booking professional performance series at the
PCPA beginning with the 2022-23 performance season (e.g. issuing an RFP for booking
services)?
2. If the City Council does want staff to negotiate a new agreement with POS, should the new
agreement include any direct or indirect subsidies or should POS be subject to all of the same
fees and charges as all other user groups?
3. Does the City Council want staff to negotiate a one-year temporary contract extension with
POS? Should that agreement include any direct cash subsidy?
4. Does the City Council want staff to negotiate a new agreement with PUSD? If yes, should the
agreement include any direct or indirect subsidies or should PUSD be subject to all of the
same fees and charges as all other user groups?
9 of 10 ATTACHMENT A April 6, 2021, Item #9
5. Is the City Council open to allowing PUSD more access to the PCPA, if yes, under what
conditions?
Fund raising
1. Does the City Council want City Staff to engage the services of a professional fundraiser to
conduct a feasibility study to explore the feasibility of either a capital campaign and/or
fundraising for a new endowment, including the formation of a stakeholder committee?
2. Does the City Council want staff to pursue the formation of an advisory arts committee?
Best Practices Research
1. Does the City Council want staff to research similar performing arts venues to research best
practices in place at other facilities that may help improve the efficiency of PCPA operations,
reducing the operating subsidy, and generate funding for major capital projects?
10 of 10 April 6, 2021, Item #9