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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 ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION:
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 ab le 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 Ca ll Vote without discussion unless a Council member, a member of the publi c, or City Manager
requests that an item be removed fo r discussion.
2 of 4 Regular City Council Meeting November 2, 2021
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2.Approval of the October 5, 2021 Regular City Council Meeting Minutes
3.Adoption of Resolution to Continue the Existence of a Local Emergency within the City of Poway
Due to the Novel Coronavirus (COVID-19) Global Pandemic
4.Adoption of Resolution Authorizing Participation and Acceptance of Funds Through the 2020 State
Homeland Security Grant Program
5.Acceptance of the 2020-2021 Street Overlay Project; Bid No. 19-013 with SRM Contracting and
Paving, Inc._, as Complete
6.Acceptance of the Fleet Maintenance Equipment Lift Replacement Project; Bid No. 21-007, with
Auto lift Services, Inc., as Complete
7.Temporary Lease of City-Owned Properties Located at 14322 Pomerado Road and 11907 Ol'd
Pomerado Road to San Diego Gas & Electric Company for Use as Construction Sta_ging Areas
ORDINANCES FOR INTRODUCTION: I\Jone.
ORDINANCES FOR ADOPTION:
8.Second Reading and Adoption of Ordinance No. 849 entitled "An Ordinance of the City Council of
the City of Poway, California, Amending Sections 8.68.010, 8.68.020, 8.68.030, 8.68.195, 8.68.400
and Adding 8.68.225 and 8.68.230 to Chapter 8.68 (Solid Waste Management) of the Poway
Municipal Code"
City Manager's Recommendation: It is recommended that the City Council adopt Ordinance No.
849.
PUBLIC HEARINGS:
9.Public Hearing for Proposed Four-Year Water, Recycled Water, and Wastewater Rates
Cjty Manager's Recommendation: It is recommended that the City Council take public input,
close the public hearing, and adopt the Resolutions, if a majority protest does not exist.
10.Conditional Use Permit 21-001 and Minor Development Review Application 21-001; A Request to
Construct a Single-Family Residence and Indoor Pdvate Recreational Facility at 14100 Biscayne
Place
City Manager's Recommendation: It is recommended that the City Council take public input,
close the public hearing, and adopt the Resolution.
3 of 4 Regular City Council Meeting November 2, 2021
STAFF REPORTS:
11. Capital Improvement Program Update
City Manager's Recommendation: This is an informational item and there is no recommended
action.
WORKSHOPS: None
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)
ADJOURNMENT
State of California
County of San Diego
)
) 55.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, 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 October 26, 2021
at 5:20 p.m. Said meeting to be held at 7:00 p.m., November 2, 2021, in the Poway City Council Chambers, 13325
Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall.
~~(~ Carrie Gallagher, CMC,City C/ek
4 of 4 Regular City Council Meeting November 2, 2021
1 of 7November 2, 2021, Item #2AGENDA REPORT Ci yof Poway DATE: TO: FROM: November 2, 2021 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk (858) 668-4535 or cgallagher@poway.org CITY COUNCIL SUBJECT: Approval of the October 5, 2021 Regular City Council Meeting Minutes Summary The City Council Meeting Minutes submitted hereto for approval are: • October 5, 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 October 5, 2021 Regular City Council Meeting Minutes. Public Notification: None. Attachments: A. October 5, 2021 Regular City Council Meeting Minutes Reviewed/ Approved By: w~ x~ Wendy Kaserman Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney
2 of 7November 2, 2021, Item #2ATTACHMENT ANOTE: 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 October 5, 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 Present: 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 Carrie Gallagher; Development Services Director Bob Manis; Finance Director Aaron Beanan; Public Works Director Eric Heidemann; Interim Fire Chief Scott Post; 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 PRESENTATIONS PUBLIC COMMENT Janet Lettang, via teleconference, spoke regarding the re-opening of the Poway Center for the Performing Arts following it's extended closure due to the pandemic. Joe St. Lucas suggested that EDCO Waste either provide more free dump days or re-establish city-wide clean-up events Pete Babich spoke regarding establishing an independent committee for the redistricting process.
3 of 7November 2, 2021, Item #2City of Poway -Minutes -October 5, 2021 Yuri Bohlen inquired about the Espola Road upgrades and the mailing of Proposition 218 notices. CONSENT CALENDAR Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to approve Consent Calendar Items 1 through 7. 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. Adoption of Resolution No. 21-079 entitled "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" 3. Award of Agreement with Universal Building Maintenance, LLC, d.b.a Allied Universal Janitorial Services for Janitorial Services by Cooperative Purchase Agreement 4. Authorization to Purchase: One (1) Compact Wheel Loader, One (1) Backhoe Loader, One (1) Sealant-Melter, One (1) Tack-sprayer, One (1) Mid-sized Pickup Truck and Two (2) Full-sized Pickup Trucks through the Sourcewell Cooperative Purchasing Program, GM Bid Assistance Program, and the Department of General Services State of California Contract Deputy Mayor Leonard spoke in support of the purchases. 5. Award of Agreement to Fire Service Corp. for Fire Suppression Equipment Services, RFP No 22-004 6. Acceptance of the Power to Blue Crystal Reservoir Project; Bid No. 21-010, with Southern Contracting Company, as Complete 7. Acceptance of the WTP Clearwell Distribution Flow Meters Project; Bid No. 21-008 with Kay Construction Co., as Complete Yuri Bohlen spoke in opposition of the acceptance of the WTP Clearwell Distribution Flow Meters Project. ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None.
4 of 7November 2, 2021, Item #2City of Poway -Minutes -October 5, 2021 PUBLIC HEARINGS 8. Environmental Assessment, Specific Plan Amendment 19-002, and Conditional Use Permit 19-002 for a proposed wireless communication facility at 13875 Kirkham Way Mayor Vaus opened the public hearing at 7: 17 p.m. Senior Planner Austin Silva presented the report along with a PowerPoint presentation. Mr. Silva explained that the current standard is a 35-foot maximum height for building/structures in the South Poway Specific Plan (SPSP) and the proposed amendment would allow wireless communication facilities to have a maximum height of up to 90 feet with a Conditional Use Permit. Location and current use of the development location was provided as well as proposed site modifications. The applicant hosted a neighborhood meeting where concerns over the design was raised, prompting the tower design change from a faux pine tree to a metal pole design. Darrel Dougherty, Project Manager from PlanCom Inc., introduced himself and said he was available to answer questions. Yuri Bohlen spoke in opposition and stated that the pole heights should be universal throughout the City. Mayor Vaus closed the public hearing at 7:27 p.m. In response to Council inquiry, Mr. Silva clarified that the proposed plan amendment will allow for additional facilities in the future, subject to a Conditional Use Permit (CUP). In response to Council inquiry, City Attorney Fenstermacher explained that under the current South Poway Specific Plan, the proposed use would not be permitted and further elaborated that a CUP may be denied for any reason. Motioned by Deputy Mayor Leonard, seconded by Councilmember Mullin, to adopt Resolution No. 21-080 entitled "A Resolution of the City Council of the City of Poway, California, Adopting a Negative Declaration for Specific Plan Amendment 19-002 and Conditional Use Permit 19-002, A Request to Amend the South Poway Specific Plan to Allow Freestanding Wireless Communication Facilities to have a Maximum Height of 90 Feet as a Conditionally Permitted Use and to Allow a Wireless Communication Facility Consisting of a 85.5-Foot High Steel Monopole and Equipment Cabinet on a 5.37-Acre Lot at 13875 Kirkham Way, Assessor's Parcel Number 323-501-02." Motion carried 3/2 with Councilmember Grosch and Mayor Vaus voting no. Motioned by Deputy Mayor Leonard, seconded by Councilmember Mullin, to adopt Resolution No. 21-081 entitled "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit (CUP) 19-002 Allowing for the Construction of a Wireless Communication Facility Consisting of an 85.5-Foot High Steel Monopole and Equipment Cabinet on a 5.37-Acre Lot at 13875 Kirkham Way; Assessor's Parcel Number 323-501-02." Motion carried 3/2 with Councilmember Grosch and Mayor Vaus voting no. Motioned by Deputy Mayor Leonard, seconded by Councilmember Mullin to introduce Ordinance No. 848 entitled "An Ordinance of the City Council of the City of Poway,
5 of 7November 2, 2021, Item #2City of Poway -Minutes -October 5, 2021 California, Approving Specific Plan Amendment 19-002 to the South Poway Specific Plan to Allow Wireless Communication Facilities to Have a Maximum Height of 90 Feet as a Conditionally Permitted Use" and schedule adoption of the Ordinance for October 19, 2021. Motion carried by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Mullin, Frank, Leonard Grosch,Vaus None None None 9. Variance 21-002; a request to allow a non-habitable accessory structure to observe a reduced rear yard setback and interior side yard setback on property located at 13409 Neddick Avenue. APN: 323-122-08 Mayor Vaus opened the public hearing at 7:42 p.m. Assistant Planner Hector Salgado presented the report along with a PowerPoint presentation. Mr. Salgado discussed a request to observe an approximate three-foot rear yard setback and a two-foot, six-inch interior side yard setback when five feet is required for structures exceeding eight feet in height and a projected roof area of 120 square feet. No speakers. Mayor Vaus closed the public hearing at 7:47 p.m. Council discussion ensued. Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard, to adopt Resolution No. 21-082 entitled "A Resolution of the City Council of the City of Poway, California, Approving Variance 21-002 to Allow a Non-Habitable Structure to Observe a Reduced Rear and Side Yard Setback; Assessor's Parcel Number 323-122-08." Motion carried 5/0. 10. FY2022-2023 Community Development Block Grant Program Mayor Vaus opened the public hearing at 7:48 p.m. Senior Management Analyst Marie Sanders presented the item. Ms. Sanders explained that the City applies annually for Community Development Block Grant Program funds and that the estimated funds available to Poway for Fiscal Year 2022-23 are $212,103, which is comprised of $164,676 in new grant funding and $47,427 in unspent prior year allocations. Staff proposes to include funding for HomeShare and Community Connections Program, North County Bridge to Housing Network, 2-1-1 San Diego and the continued ADA improvements at Community Park. No speakers. Mayor Vaus closed the public hearing at 7:50 p.m. Council discussion ensued in favor of the Community Development Block Grant Program.
6 of 7November 2, 2021, Item #2City of Poway -Minutes -October 5, 2021 Motioned by Mayor Vaus seconded by Deputy Mayor Leonard to 1) Authorize staff to apply for FY2022-23 CDBG funding through the County as identified in this report; 2) Authorize the appropriation of $164,676 to the CDBG Fund (F2410) from the General Fund (F1000), as a loan, to fund the proposed FY2022-23 CDBG program upon approval by the County; 3) Authorize the reallocation of $7,651 in CDBG funds from FY2019-20 and $39,776 from FY2020-21 to fund the proposed FY2022-23 CDBG program upon approval by the County; and 4) Authorize the City Manager to execute contracts with the County. STAFF REPORTS: 11. Pre-Development Conference 21-003, a request for review of a proposal to construct a wireless communication facility at Abraxas High School located at 12450 Glen Oak Road. Senior Planner Austin Silva presented the report along with a PowerPoint presentation. Mr. Silva explained that MD? is proposing to construct a wireless communication facility consisting of a 35-foot-high faux eucalyptus tree and at-grade equipment cabinets enclosed by a CMU block wall, located at Abraxas High School. Yuri Bohlen spoke in opposition to the construction of a wireless communication facility at Abraxas High School. In response to Council inquiry, Mr. Silva stated that the school district, as the property owner, did sign the application for the pre-development conference and that it is replacing an existing facility at Abraxas High School. Mr. Silva added that prior to the start of the project, the City will require a radiofrequency study to demonstrate its compliance with federal communication requirements for wireless facilities. He noted that once the facility was built and is in operation, a second radiofrequency study will be completed to ensure the facility remains compliant. City Council received the report and provided input. WORKSHOPS: None. COUNCIL-INITIATED ITEMS: None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) Councilmember Grosch reported having previously attended the Poway Veterans Organization Golf Tournament at the Rancho Bernardo Country Club Inn. He noted the passing of long time Poway resident, volunteer, founding member of Poway's Veterans Organization and Poway's Veterans Park, Dennis Rasmussen.
7 of 7November 2, 2021, Item #2City of Poway -Minutes -October 5, 2021 Council shared memories of Mr. Rasmussen adding that he was a Navy Veteran, always there to help out and that he will be missed but not forgotten. Mayor Vaus thanked Councilmember Mullin for having filled in for him at a recent SANDAG meeting noting scheduling conflicts for the reason he was unable to attend. Mayor Vaus introduced Public Works Director Eric Heidemann to present an update on San Diego County Water Authority. Mr. Heidemann reported the Department of Water Resources having released a report on the state's effort to comply with the Governor's voluntary 15% water use reduction, relative to the drought, and in that report, Poway was singled out, among others, as having increased its water use by 14%, compared to the prior year. He noted how certain data points can lead to wrong conclusions by adding that in July, Poway filled its largest reservoir, Lake Poway, so while one month it may seem like an increase in water demand, the next month the City was drawing off the lake. If the state would have reported August's water demand numbers, it would have reflected that Poway had reduced its water demands by 8%, relative to the 2020 numbers. Mr. Heidemann stated that if conclusions are drawn from just one data point it doesn't always paint an accurate picture. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) ADJOURNMENT The meeting adjourned at 8:05 p.m. Carrie Gallagher, CMC City Clerk City of Poway, California
November 2, 2021, Item #3""6F Pc 5if (l '2) AGENDA RE PO RT City of Poway ~ ""': _,., -'''! ,~ 11!l ''~ CITY cou NCI L DATE: TO: FROM: CONTACT: SUBJECT: summary: November 2, 2021 Honorable Mayor and Memberswf the Cl Council Scott Post, Interim Fire Chief Scott Post, Interim Fire Chief (858)668-4462 or Spost@poway.org 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. COVID-19 has resulted in a swift economic slowdown and high unemployment rates. Federal, state, and county directives, mandates, orders and guidelines have been issued to prevent, control and manage the spread of COVID-19. While efforts are focused on re-opening the economy and relaxing restrictions, impact on Poway residents, businesses and visitors continues. In response to the COVID-19 global pandemic, and its impact on Poway, the City Manager, serving as Director of Emergency Services for the City of Poway, proclaimed a local emergency on March 13, 2020. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the City Manager's Proclamation of Local Emergency. 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, March 16, April 6, April 20, May 4, May 18, June 1, June 1 S, July 20, August 3, 1 of 5
November 2, 2021, Item #3August 17, September 7, October 5, and October 19. The adopted resolution requires the City Council to either continue 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 October 18, 2021, City costs to respond to COVID-19 are estimated at $1,038,744. These costs specifically 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 20, 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 businesses. As of October 18, 2021, staff has received 80 applications requesting $2,912,165 in loans. Based on staffs review, 35 loans totaling $1,385,326 have been approved and three loans totaling $120,000 have been repaid. The reserve fund will be replenished from the repayment of PEARL loans over a three-year period following the end of the local COVID-19 emergency. This period falls within the General Fund Reserve Policy's direction to fully replenish reserves within five years of use. Public Notification: None. Attachments: A. Resolution B. Proclamation of Local Emergency Reviewed/Approved By: Wendy serman Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney
November 2, 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, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5 and October 19; 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 s ATTACHMENT A
November 2, 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 2nd day of November, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4of 5
November 2, 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. Director of Emergency Services 5 ofS ATTACHMENT B
November 2, 2021, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway November 2, 2021 Honorable Mayor and Members of the City Council Scott Post, Interim Fire Chief W Susy Turnbull, Sr. Management Analyst 858-668-4474 or sturnbull@poway.org CITY COUNCIL Resolution authorizing participation and acceptance of funds through the 2020 State Homeland Security Grant Program The Department of Homeland Security provides funds through the State Homeland Security Grant Program to cities to build and sustain emergency response capabilities. The grant is administered regionally by the San Diego County Office of Emergency Services. Funds for qualifying purchases are allocated to each jurisdiction based on population. Poway's allocation for Grant Fiscal Year 2020 is $32,690. The grant requirements specify that the City Council must adopt a resolution authorizing participation in this program. Recommended Action: It is recommended that the City Council adopt the attached resolution authorizing staff to accept funds through the 2020 State Homeland Security Grant Program. Discussion: The Department of Homeland Security provides funds through the State Homeland Security Grant Program to states and local agencies to build, sustain and deliver emergency response capabilities. The funds help advance the program's goals and objectives. The County of San Diego applies for, receives and administers federal grant funds associated with the program. The County's Unified Disaster Council, of which Poway is a member, is the governing body that determines the local grant fund distribution formula, which is based on each jurisdiction's population. After making qualified purchases, cities are reimbursed by the County for the full purchase amount. One of the program's goals is to strengthen communication capabilities with an objective to 1 of 3
November 2, 2021, Item #4implement a statewide interoperability plan. To advance this goal, the City plans to use the allocated $32,690 in grant funds to purchase replacement of 800-Megahertz radios. The County of San Diego administers an 800-Megahertz Radio Communication System. In 1998, the City of Poway joined the County's system, providing the City with interoperability capabilities -that is, the ability to talk to other agencies using hand held radios. Equipment purchased with this funding will meet the communications needs of the current and new communication system. The City is currently in the third and final year of upgrading all of the 800-Megahertz radios as part of the phase in of the Next Generation Regional Communications System Radio (RCS) upgrade. In 2013, the City of Poway executed an agreement to participate in the upgrade of the existing RCS infrastructure and a corresponding upgrade to the radios. Environmental Review: This item is not subject to CEQA for review. Fiscal Impact: The City currently budgets for the replacement of its 800-Megahertz radios. The State Homeland Security Grant does not require matching funds and helps offset the City's replacement costs for these radios. Upon completion of the grant-related expenditures in the amount of $32,690, the General Fund will be reimbursed through the grant funding. The reimbursed funds will result in a reduction of expenses dedicated for the replacement of 800-Megahertz radios. It is anticipated that all expenditures and reimbursements will be completed by August 31, 2023. Public Notification: None. Attachments: A. Resolution Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of3 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
November 2, 2021, Item #4RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING PARTICIPATION AND THE ACCEPTANCE OF FUNDS THROUGH THE 2020 STATE HOMELAND SECURITY GRANT PROGRAM WHEREAS, the City of Poway is eligible to receive federal grant funds through the 2020 State Homeland Security Grant Program for emergency preparedness; WHEREAS, the approved grant allocation for the City of Poway is $32,690; WHEREAS, the federal grant funds for the State Homeland Security Grant Program require no City matching funds, all grant-related expenditures are one-hundred percent reimbursable, and the City shall incur no direct costs; and WHEREAS, it is the desire of the City of Poway to participate in this program to enhance emergency preparedness. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The following staff are hereby authorized to execute for and on behalf of the City of Poway, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California. Scott Post, Interim Fire Chief Susy Turnbull, Sr. Management Analyst PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of November, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 3 of 3 ATTACHMENT A
November 2, 2021, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway November 2, 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.or~ CITY COUNCIL Acceptance of the 2020-2021 Street Overlay Project; Bid No. 19-013 with SRM Contracting and Paving, Inc., as Complete 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 for two one-year extensions. On April 6, 2021, the City Council awarded the contract for the second amendment to the 2018-2019 Street Overlay project contract for the 2020-2021 Street Overlay project; Bid No. 19-013, to SRM Contracting and Paving, Inc., in the amount of $989,970.90. The extension for the 2020-2021 project was the second and final allowable extension. This action will accept the project as complete. Recommended Action: It is recommended that the City Council: (1) Accept the Extension of the 2018-2019 Street Overlay project contract for the 2020-2021 Street Overlay project as complete; (2) Authorize the City Clerk to file and record the Notice of Completion; (3) Authorize the release of the retention in the amount of $52,307.11, if unencumbered, 45 days after City Council acceptance; (4) Release the Nationwide Mutual Insurance Company Bond for Material and Labor in the amount of $989,970.90 after the release of retention; and (5) Retain the Nationwide Mutual Insurance Company Bond for Faithful Performance for a period of one year. Discussion: The Street Overlay project consisted of removal and replacement of asphalt concrete within select streets needing repair. The scope of this year's project included arterial asphalt patch repairs on Twin Peaks 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 included overlay of Midgrove Court, Olive Park Place, and lronbark Way and removal and replacement of asphalt around Reservoir R-8. Work at this City 1 of 2
November 2, 2021, Item #5owned reservoir was paid for with water funds. There were three change orders totaling $56,171.28 that modified the asphalt material and added sidewalk replacement on Community Road. The final contract amount is $1,046,142.18. Environmental Review: The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act. Fiscal Impact: Sufficient funds are available in the 2020-2021 Street Overlay project account (411040-43202), the Buehler Reservoir Rehabilitation project account (WTR001 O -Fund 5100 and 411040-41200) for the release of retention. Funds remaining in the project at year end will be returned to the various funding sources for use on other projects. Public Notification: None. Attachments: None. Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney City Manager
November 2, 2021, Item #6AG EN DA REPORT City of Poway DATE: TO: FROM: CONTACT: November 2, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services M Jeff Beers, Special Projects Engineer ~ (858) 668-4624 or jbeers@poway.org CITY COUNCIL SUBJECT: Acceptance of the Fleet Maintenance Equipment Lift Replacement project; Bid No. 21-007, with Autolift Services, Inc., as Complete Summary: On December 15, 2020, the City Council awarded the contract for the Fleet Maintenance Equipment Lift Replacement project; Bid No. 21-007, to Autolift Services, Inc., in the amount of $82,335.92. This action will accept the project as complete. Recommended Action: It is recommended that the City Council: (1) Accept the Fleet Maintenance Equipment Lift Replacement project as complete; (2) Authorize the City Clerk to file and record the Notice of Completion; (3) Authorize the release of the retention in the amount of $4,440.40, if unencumbered, 45 days after City Council acceptance; (4) Release The Ohio Casualty Insurance Company Bond for Material and Labor in the amount of $82,335.92 after the release of retention; and (5) Retain The Ohio Casualty Insurance Company Bond for Faithful Performance for a period of one year. Discussion: The Fleet Maintenance Equipment Lift Replacement project included the removal of two in-ground hydraulic equipment lifts and replaced them with one above ground equipment lift. The new lift is connected to the building's electrical and compressed air systems and included construction of a new lift foundation. There was one change order in the amount of $6,472.00 for an enlarged footing as required for structural seismic capacities. The final contract amount is $88,807.92. Environmental Review: The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act. 1 of 2
November 2, 2021, Item #6Fiscal Impact: Sufficient funds are available in the Capital Replacement Equipment Fund (115010-61999) for the release of retention. Public Notification: None. Attachments: None. Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of2 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
November 2, 2021, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway November 2, 2021 Honorable Mayor and Members of the City Council Wendy Kaserman, Assistant City Manager Craig Ruiz, Economic Development Administrato~ 858-668-4509, cruiz@poway.org CITY COUNCIL Temporary Lease of City-owned Properties Located at 14322 Pomerado Road and 11907 Old Pomerado Road to San Diego Gas & Electric Company for Use as Construction Staging Areas. San Diego Gas & Electric Company (SDG&E) is constructing the Line 1600 Project which will install a 16-inch natural gas transmission line (Project) within San Diego County. A portion of the overall Project will be within the public right-of-way of Pomerado Road within the City of Poway (City). The proposed Lease Agreement will allow SDG&E to lease two City-owned properties to stage construction equipment and store materials during the construction of the transmission line within the City. Recommended Action: It is recommended that the City Council approve the Lease Agreement. Discussion: SDG&E originally constructed Line 1600, a 16-inch natural gas transmission line, in 1949. The proposal to replace the line was formally opposed by the City Council in 2017 and 2018 due to safety concerns: In January 2019, the California Public Utility Commission's Safety Enforcement Division approved SDG&E's plan to replace Line 1600. This Project is taking place in the cities of San Diego, Escondido, and Poway, and will include the replacement of 37 miles of existing pipe. SDG&E is currently constructing the Pomerado North phase of the Project. This phase runs in the right-of-way along Pomerado Road from Highland Valley Parkway in the City of San Diego to the intersection of Ted Williams Parkway and Pomerado Road in Poway. The next segment of the Project is Pomerado South, which continues construction south along Pomerado Road from Ted Williams Parkway to Scripps Poway Parkway (see Exhibit B -Vicinity Map). The Pomerado South segment will necessitate the need for two construction staging areas within Poway. 1 of 24
Staging Area No. 1 is an approximately .65-acre area on the west side of Pomerado Road, and
approximately 275 feet north of Fire Station 3 (see Exhibit C -Staging Area No. 1 ). The area to be used
for staging equipment has been previously used for similar activity. Staging Area No. 2 is an
approximately .89-acre parcel located at 11907 Old Pomerado Road (see Exhibit D -Staging Area No.
2). This site is vacant and has been previously disturbed. Prior to occupying the sites, SDG&E must
first receive approval of a Temporary Use Permit (TUP). The TUP will, among other items, address the
need for any traffic control plans for the two staging areas and any required notification to adjacent
property owners.
The entire Lease Agreement will run from December 1, 2021 through July 31, 2022. The Lease
Agreement anticipates that Staging Area No. 1 will be occupied from December 1, 2021 through May
31, 2022. Staging Area No. 2 will be occupied from March 1, 2022 through July 31, 2022. SDG&E may
request in writing to the City Manager to extend the term of the lease. However, in no case shall the
lease be extended beyond November 30, 2022 without further City Council approval.
Environmental Review:
The lease agreement is Categorically Exempt from the California Environmental Quality Act (CEQA) as
a Class 4(e) Categorical Exemption, pursuant to Section 15304 of the CEQA Guidelines, in that the
project involves the minor temporary use of land having negligible or no permanent effects on the
environment
Fiscal Impact:
In lieu of rental payments for the two City owned properties, SDG&E will slurry seal the pavement in
the area of the trenching on Pomerado Road (see Exhibit E -Slurry Seal Location) at an estimated cost
of $275,000. The slurry seal will help extend the life of the pavement which can be shortened by
trenching activities and saves the City the cost of doing this work as part of the annual pavement
maintenance program. It will also have the added non-financial benefit of a more aesthetically
pleasing final appearance to the roadway at the completion of the Project. The cost of the slurry seal
improvements significantly exceeds the amount of rent the City would have received.
Public Notification:
None
Attachments:
A.Lease Agreement
B.Vicinity Map
C.Staging Area No. 1
D.Staging Area No. 2
E.Slurry Seal Location
2 of 24 November 2, 2021, Item #7
November 2, 2021, Item #7Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 3 of24 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager
November 2, 2021, Item #7LEASE AGREEMENT This LEASE AGREEMENT ("Lease") is entered into as of -------~2021 (the "Effective Date"), by and between the City of Poway, a Municipal Corporation (the "Landlord"), and San Diego Gas & Electric Company, a California corporation ('Tenant"). The Landlord and the Tenant are at times referred to herein as the "Parties". RECITALS WHEREAS, the Tenant is constructing the San Diego Gas and Electric Company Line 1600 Project, which will install a 16-inch natural gas transmission line (the "Project") within San Diego County. A portion of the overall Project will be within the Right-of-Way of Pomerado Road within the City of Poway. WHEREAS, as part of the Project, Tenant will need fixed locations near the Project to store construction equipment and materials necessary to complete the project. WHEREAS, Landlord owns real property located at 14322 Pomerado Rd, Poway, California 92064, consisting of Assessor Parcel 314-040-25 which is partially improved with Poway Fire Station 3, an unimproved dirt parking area and open space. WHEREAS, Landlord owns unimproved real property immediately north of 14322 Pomerado Road, consisting of Assessor Parcel 314-040-17 which is unimproved and contains an unimproved dirt parking area and open space. The legal description Assessor Parcels 314-040-17 and 314-040-25 is attached hereto as Exhibit A. WHEREAS, there is unimproved dirt parking areas on a portion of each parcel which the Tenant seeks to lease from the Landlord for its use in constructing the Project, including but not limited to staging and storing construction equipment, supplies and materials (the "Staging Area No. 1 "). Such construction equipment, supplies and materials may include, without limitation, generators, water tanks and associated tanks, water lines, gas powered water pumps and vehicles. A Vicinity Map depicting Staging Area 1 is attached hereto as Exhibit B. WHEREAS, Landlord owns unimproved real property located at 11907 Old Pomerado Road, Poway, CA 92064, consisting of Assessor Parcel 317-251-31. The legal description is attached hereto as Exhibit C. WHEREAS, the Tenant seeks to lease from the Landlord the property at 11907 Old Pomerado Road for its use in constructing the Project, including but not limited to staging and storing construction equipment, supplies and materials (the "Staging Area No. 2" and together with Staging Area No. 1, the "Property"). Such construction equipment, supplies and materials may include, without limitation, generators, water tanks and associated tanks, water lines, gas powered water pumps and vehicles. A Vicinity Map depicting Staging Area 2 is attached hereto as Exhibit D. WHEREAS, the Tenant has or will obtain any and all necessary permits and approvals from the City of Poway before locating any equipment on Staging Areas No. 1 and No. 2. 4of24 ATTACHMENT A
November 2, 2021, Item #7WHEREAS, in accordance with the above, by this Lease, the Landlord desires to lease to the Tenant, and the Tenant desires to lease from the Landlord the Property, upon the terms and conditions set forth herein. WHEREAS, the parties understand and agree that this Lease is what is commonly known as a "triple net" or "net-net-net" lease, except as otherwise provided herein, and the parties understand and agree that this Lease is what is commonly known as a "triple net" or "net-net-net" lease, except as otherwise provided herein, and Tenant acknowledges and agrees that the Landlord shall not be obligated by the terms of this Lease or otherwise to perform any maintenance or construct or repair any improvements at the Property. Additionally, Tenant acknowledges and agrees that (i) the Landlord has made no representation or warranty regarding the fitness of the Property for Tenant's intended use thereof, and (ii) Tenant is familiar with the condition of the Property and the appropriateness of the Property for Tenant's operation of the Business thereon. NOW, THEREFORE, the Landlord and Tenant hereby agree as follows: 1. Lease Term. The Landlord hereby leases to Tenant the Property, and Tenant hereby leases the same from the Landlord, for a term commencing on December 1, 2021 ("Commencement Date") and ending on July 31, 2022 (the "Lease Term"). The Tenant will occupy Staging Area No. 1 from December 1, 2021 through May 31, 2022 and Staging Area No. 2 from March 1, 2022 through July 31, 2022. The Tenant may submit a written request to extend the Lease on a month-to-month basis upon written agreement of both Parties. In no case will the lease extend beyond November 30, 2022. In addition, this Lease can be terminated by either party with 60-days' prior written notice. 2. Relocation Assistance. Tenant hereby acknowledges and agrees that Tenant shall not incur any right, interest, or claim in or to any benefits or assistance arising under Government Code Section 7260, et seq. or any other federal, state or local law, rule, or regulation relating to or arising from Tenant's relocation from the Property or the termination of this Lease. To the extent Tenant is eligible for such benefits Tenant hereby voluntarily and expressly waives each and every right, title or interest in and to such benefits. 3. Net Lease. It is the intent of the parties that the rent provided herein shall be absolutely net to the Landlord and that Tenant shall pay all costs, taxes, assessments, charges, and expenses of every kind and nature imposed on or against the Property which may arise or become due during the Lease Term, and which, except for execution hereof, would or could have been payable by the Landlord. (a) Tenant recognizes and acknowledges that this Lease may create a "possessory interest" in the Property as defined in California Revenue and Taxation Code section 107, and that Tenant's property interest may be subject to property taxation levied on the Tenant's property interest. Tenant further acknowledges, and agrees, that this subdivision (a) meets the requirements set forth in Revenue and Taxation Code section 107.6(a). (b) Rent and Deposit. Parties agree that in-lieu of monthly rental payments, the Tenant shall slurry seal Pomerado Road as indicated in Exhibit E (the "Slurry Seal Project") attached hereto and any property damaged by the Tenant during the course of the Project. Further, no cash deposit shall be required to be paid by the Tenant to the Landlord. Parties agree that the value of the 5 of24
November 2, 2021, Item #7Slurry Seal Project is approximately $275,000. Parties further acknowledge and agree that the Tenant's obligation to undertake the Slurry Seal Project constitutes sufficient consideration for the mutual covenants contained herein. (c) Failure to Make Reguired Improvements. If Tenant fails to complete the Slurry Seal Project as indicated in Exhibit E, the Tenant shall pay Landlord's costs, in aggregate amount, together with costs incurred by tenant to complete the Slurry Seal Project and any repairs related thereto, not to exceed $275,000, for the Slurry Seal Project and any repairs related thereto in the areas indicated in Exhibit E. Should Tenant fail to complete the Slurry Seal Project within (30) days after the completion of the Project as defined herein, the Landlord may deliver notice to the Tenant that the Slurry Seal Project has not been completed in conformance with the Standard Specifications for Public Works Construction and that required slurry repairs need to be completed in accordance with the terms of the Lease. Tenant shall have thirty (30) days from receipt of written notice from Landlord to cure any material deficiencies with the Slurry Seal Project and/or make any such repairs. If Tenant has not substantially completed the required slurry seal repairs, or diligently begun work on completing the required slurry seal repairs, within such thirty (30) day period, Landlord may undertake such repairs at Tenant's cost, subject to the limitation on cost reimbursement above. If Landlord completes such repairs and provides notice to Tenant of the amount of required reimbursement for such costs, Tenant shall pay Landlord, within sixty (60) days of such notice, such amounts, subject to the limitations on cost reimbursement above. If Tenant does not pay Landlord such amounts within such sixty (60) day period, Landlord may terminate this Lease upon written notice to Tenant. ( e) Hazardous Materials. Except as is necessary to fuel and maintain construction equipment and vehicles, Tenant shall not, without Landlord's prior consent, use, handle, store, or dispose of any hazardous, toxic, or radioactive matter including, without limitation, those materials identified in Chapter 11, Division 4.5 ofTitle 22 of the California Code of Regulations ("Title 22"), as amended from time to time ( collectively, "Hazardous Materials"). Tenant shall be solely responsible for, shall pay for, defend (with an attorney approved by the Landlord, such approval not to be unreasonably withheld, conditioned or delayed), indemnify and hold the Landlord, its officials, officers, employees and agents, harmless against and from all claims, judgments, liabilities, losses, liens, costs and expenses, arising out of or involving any Hazardous Materials brought onto the Property by or for Tenant or by any of Tenant's employees, agents, contractors, visitors or invitees during the term of this Lease. Tenant's obligations hereunder shall exclude anypre-existing conditions, and any condition arising on the property from Hazardous Materials that is caused by a third party's use of the property, even if such Hazardous Materials are discovered by Tenant. Tenant's obligations shall include the investigation,removal, clean-up and/or restoration work as required by applicable law or ordered by any regulatory agency, including but not limited to the San Diego Regional Water Quality Control Board, the California Department of Toxic Substances Control, or the United States Environmental Protection Agency. 6 of24
November 2, 2021, Item #75. Sublease and Assignment. Tenant shall not sublease all or any part of the Property, or assign this Lease in whole or in part without the Landlord's consent. 6. Access Rights to Third Party Property. (a) Landlord will provide Tenant and its employees, agents or contractors with full access to the property consisting of Assessor Parcel 317-251-31 and 320-011-09, on a 24/7 basis, for the purpose of installing, operating, maintaining, repairing, upgrading and/or replacing a water line that connects to the Scripps Poway Parkway. (b) Tenant is responsible at its sole expense for securing all other necessary access rights from any and all third parties owning property adjacent to the leased premises. Tenant shall defend, indemnify and hold the Landlord, its elected and appointed officers, employees and agents, harmless from all liability whatsoever on account of any damage, injury or liability of any kind arising from Tenant's failure to secure such access rights from third party property owners. 7. Alterations and Improvements. (a) Maintenance and Repairs. During and upon termination of the Lease Term, Tenant shall make all necessary repairs and maintenance to the Property, so that the Property is returned to the Landlord upon termination of the Lease Term in the manner of which it was leased, at Tenant's own expense. Tenant shall also make any and all repairs relating to the Tenant's specific use of the Property at Tenant's expense. Tenant shall maintain all portions of the Property that are visible to the public in good condition, including the fencing, ground maintenance, and landscaping. Tenant shall exercise due diligence to ensure any airborne dirt/gravel/dust is mitigated for surrounding private properties. Graffiti on equipment and material, including fencing, placed on the property by Tennant or by any of Tenant's employees, agents, contractors, visitors or invitees shall be removed by Tennant within seventy-two (72) hours. In no event shall this Lease be interpreted to require the Landlord to expend funds for the purpose of conducting repairs or maintenance of the Property. Tenant acknowledges and agrees that Tenant is familiar with the condition of the Property and is aware of the adequacy and fitness of the Property for Tenant's intended use thereof for the operation of the Business. THE LANDLORD EXPRESSLY DISCLAIMS ANY WARRANTY OF HABIT ABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY COVENANT OF QUIET ENJOYMENT WITH RESPECT TO THE PROPERTY AND/OR TENANT'S USE THEREOF PURSUANT TO THIS LEASE. In the event of a force majeure causing significant damage to the Property, Tenant may elect to make all necessary repairs and continue occupying the Property, or shall be entitled to terminate this Lease. (b) Alterations and Improvements. Tenant, at Tenant's expense, shall have the right, following the City's reasonable consent, to make improvements to all or any part of the Property from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner, utilizing good quality materials, and in compliance with all applicable federal, state, and local statutes, rules, and regulations. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Property, and fasten the same to the Property. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Property by Tenant thereafter, shall remain Tenant's 7of24
November 2, 2021, Item #7property free and clear of any claim by the Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease; provided that Tenant shall be responsible for the repair of any damage caused by such removal. 8. Liens. Tenant agrees that it will pay or cause to be paid all costs for work done by it or caused to be done by it on the Property of a character which will or may result in liens on the Landlord's reversionary estate therein, and Tenant shall keep the Property free and clear of all mechanics' liens and other liens on account of work done for Tenant or persons claiming under it. If any such lien shall at any time be filed against the Property, Tenant shall either cause the same to be discharged within sixty (60) days after the recording thereof, or if Tenant, in Tenant's discretion and in good faith, determines that such lien should be contested, shall furnish such security as may be reasonably required by the Landlord. If Tenant shall fail to furnish such security, then, in addition to any other right or remedy of the Landlord resulting from Tenant's said default, the Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by giving security or in such other manner as is, or may be, prescribed by law. Tenant shall repay to the Landlord, as "Additional Rent," on demand, all sums disbursed or deposited by the Landlord pursuant to the provisions of this Paragraph 7, including all costs, expenses and attorneys' fees incurred by the Landlord in connection therewith. Nothing contained herein shall imply any consent or agreement on the part of the Landlord to assume any liability under any mechanics' lien or other lien law. Should any claims of lien be filed against the Property or any action affecting the title to the Property be commenced, the party receiving notice of such lien or action shall forthwith use its commercially reasonable efforts to give the other party written notice thereof within five ( 5) days after receipt. The Landlord or its representative(s) shall have the right to post and keep posted upon the Property notices of non-responsibility or such other notices that the Landlord may deem to be proper for the protection of the Landlord's interest in the Property. Tenant shall, before the commencement of any work that might result in any such lien, give to the Landlord written notice of its intention to do so in sufficient time to enable the posting of such notices 9. Insurance. (a) Intentionally Omitted. (b) General Liability Insurance. Tenant shall, at its own cost and expense, maintain a policy or policies of comprehensive general liability insurance with respect to the Property with the premiums thereon fully paid on or before the due date, which insurance shall afford minimum protection in the aggregate of not less than Two Million Dollars ($2,000,000) combined single limit coverage of bodily injury, property damage or combination thereof. (c) Workers' Compensation Insurance. Tenant shall provide workers' compensation insurance as required by law ( d) Additional Insurance Reguirements. All liability insurance shall include, but not be limited to, personal injury, cross liability, and severability of interest clauses, products/completed operations, broad form property damage, independent contractors, and owned, non-owned and hired vehicles. All insurance policies (except for Worker's Compensation) 8 of24
November 2, 2021, Item #7shall name the Landlord as an additional insured, shall provide for notice to the Landlord no later than thirty (30) days prior to any cancellation or modification of such policies, and shall be provided by Class A-VII rated insurance carriers reasonably acceptable to the Landlord. Tenant shall provide the Landlord with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph no later than the Commencement Date and upon any subsequent request by the Landlord. (e) Self-Insure. Tenant shall have the right to self-insure with respect to any or all of the insurance required by the Landlord, and such self-insurance shall be deemed to have satisfied any and/or all obligations required under this agreement. 10. Indemnification. (a) Tenant shall defend, indemnify and hold the Landlord, its elected and appointed officers, employees and officials harmless from all liability whatsoever on account of any damage, injury or liability of any kind or for any injury to or death of persons or damage to property of Tenant or any other person occurring during the term of this Lease arising from any of the following: (i) the use, occupancy or enjoyment of the Property, or Tenant's operations thereon, by Tenant or Tenant's customers, employees, contractors, subcontractors, invitees, permittees, and assignees, or(ii) Tenant's negligence or intentional misconduct, including any breach of this Lease beyond any applicable notice and cure period, or (iii) liens, claims and demands related to Tenant's use of the Property. Except to the extent arising due to Landlord's negligence or intentional misconduct, Tenant shall in all cases accept any tender of the defense of any action or proceeding arising out of the foregoing in which Landlord is named or made party and shall defend the Landlord as provided herein with counsel reasonably selected by Tenant. Tenant shall not be liable for such damage or injury to the extent and in the proportion that the same is ultimately determined to be attributable to the negligence or misconduct of the Landlord or its officers, employees, agents or representatives, or the Landlord's failure to perform its obligations pursuant to this Lease. Tenant's obligation to indemnify shall include reasonable attorneys' fees and investigation costs and all other reasonable costs, expenses and liabilities incurred by Landlord. Tenant's obligations set forth in this Section 10 shall not include consequential, exemplary, or punitive damages. This indemnity provision shall apply to all claims that accrued, or injuries that occurred, prior to Tenant vacating the Property, regardless of when such claims or injuries were discovered. 11. Assumption of Risk. Except for injuries to persons caused by the negligence or willful misconduct ofLandlord, and not covered by insurance maintained, or required by this Lease to be maintained, by Tenant: (a) Tenant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Tenant, including its employees, contractors and subcontractors, in or about the Property; and (b) the Parties hereby agree that the Landlord is not to be liable for any injury or damage which may be sustained by the person, goods or property of Tenant or its employees, contractors, subcontractors in or about the Property, whether said damage or injury results from conditions arising within the Property or from other sources. 12. Utilities. To the extent applicable, Tenant shall pay any and all charges for water, sewer, gas, electricity, telephone, and/or any other services and utilities used by Tenant on the Property during the term of this Lease unless otherwise expressly agreed in writing by the Landlord. Tenant shall indemnify and hold the Landlord harmless from and against any liability or damages resulting from, arising out of, or connected with, the provision of, or failure to provide 9 of24
November 2, 2021, Item #7or pay any charges assessed against the Property for such utility services; provided, however that Tenant shall not indemnify the Landlord for damages resulting from the loss of any utility service which results from the Landlord's conduct or the conduct of any contractors, engineers or third parties acting on behalf of the Landlord that are in the Landlord's control. 13. Inspection. The City shall have the right to enter upon the Property at all reasonable hours to inspect the same upon twenty-four (24) hours' written notice to the Tenant, provided the City shall not thereby unreasonably interfere with Tenant's business on the Property. 14. Damage and Destruction. In addition to other rights herein, if the Property or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, or if the Property cannot be used for Tenant's purposes for any other reason, then Tenant shall have the right within ninety (90) days following such damage to elect to terminate this Lease as of the date of such damage by providing written notice to the City. In the event of minor damage to any part of the Property, and if such damage does not render the Property unusable for Tenant's purposes and subject to Paragraph 6(a) above, Tenant shall promptly repair such damage at Tenant's sole cost and expense. In making the repairs called for in this paragraph, Tenant shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control ofTenant. 15. Quiet Possession. The Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, the Landlord will keep and maintain Tenant in exclusive, quiet, peaceable, undisturbed and uninterrupted possession of the Property during the term of this Lease; provided that the Landlord shall have no obligation to expend funds to repair or maintain the Property to maintain compliance with applicable laws or to maintain the Property in the condition required for Tenant's intended use and quiet enjoyment thereof. 16. Consent. Landlord shall not unreasonably withhold, condition or delay its consent with respect to any matter for which the Landlord's consent is required or desirable under this Lease. 17. Material Breach. In addition to any other remedies available at law or in equity, any party not in default hereunder may immediately terminate this Lease upon the breach of a material obligation under this Lease by the other Party that is not cured within thirty (30) days after written notice of such breach to such other Party, by providing written notice of intent to terminate to all other Parties hereto. 18. Compliance with Law. Tenant shall comply with all federal, state, and local laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's operation of the Business and its use of the Property. The Landlord shall comply with all federal, state, and local laws, orders, ordinances and other public requirements now or hereafter affecting the Property. 19. Mutual Representations. Each party hereby represents and warrants (i) he or she is an individual or it is a duly organized entity, validly existing and in good standing under the laws of California or Delaware; (ii) that the party has the legal right and authority to enter into and perform its obligations under this Lease; and (iii) that the execution and performance of this Lease 10 of 24
November 2, 2021, Item #7will not conflict with or violate any provision of any law having applicability to such party; and (iv) that this Lease, when executed and delivered, will constitute a valid and binding obligation of such party and will be enforceable against such party in accordance with its terms. 20. Waiver. No express waiver shall affect any default other than the default specified in the express waiver and any waiver shall be effective only for the time and to the extent therein stated. No waiver by the Landlord or Tenant shall be construed as a waiver of a subsequent breach of the same covenant, term or condition. 21. Assignment and Delegation. Except as expressly permitted by the terms and provisions herein, no party shall assign any of its rights or delegate any of its duties hereunder without the prior written consent of the other parties, provided that, notwithstanding the foregoing, each party may assign this Lease pursuant to a merger or a sale of all or substantially all of its assets or capital stock. Except as permitted by the foregoing, any attempted assignment or delegation shall be null, void and of no effect. 22. Notices. All notices required by or relating to this Lease shall be in writing and shall be sent via certified mail, postage prepaid, return receipt requested, to each and every party to this Lease and addressed as follows: If to Tenant: San Diego Gas & Electric Attn: Nick Tabor 8960 Balboa Ave., CPA 0 1 San Diego, CA 92121 Ifto City: City of Poway Attn: City Manager 13325 Civic Center Drive Poway, CA 92064 23. Counterparts. This Lease may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties agree that a digital or electronic signature on this Lease shall be accepted as if the Party executing this Lease had hand delivered an ink-signed original. 24. Headings. The article, section, and paragraph titles and headings contained in this Lease are inserted as a matter of convenience and for ease of reference only and shall be disregarded for all other purposes, including the construction or enforcement of this Lease or any of its provisions. 25. Definitions. Deleted. 26. Pronouns. Whenever used in this Lease, the singular shall include the plural, the plural shall include the singular, and the neuter gender shall include the male and female as well as a trust, firm, company, or corporation, all as the context and meaning of this Lease may require. 27. Amendments. This Lease may be altered, amended, or repealed only by a writing signed by all of the parties. 11 of 24
November 2, 2021, Item #728. Additional Documents and Acts. The parties to this Lease shall promptly execute and deliver any and all additional documents, instruments, notices, and other assurances, and shall do any and all other acts and things, reasonably necessary in connection with the performance of their respective obligations under this Lease and to carry out the intent of the parties. 29. Severability. If any provision of this Lease 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 Lease shall remain in effect. 30. Successors and Assigns. This Lease shall be binding on and inure to the benefit of the parties and their heirs, personal representatives, and permitted successors and assigns. 31. Governing Law and Forum Selection. This Lease shall be governed by, and construed in accordance with, the laws of the State of California. The federal or state courts located in San Diego County, California shall have exclusive jurisdiction to hear any dispute arising under this Lease. Each party hereto 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 herein. Tenant hereby waives any right to remove any action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. 32. Attorneys' Fees. In the event Landlord or Tenant commences any action or proceeding, including but not limited to the filing of a lawsuit, in connection with the enforcement of this Lease, then as between Landlord and Tenant, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs, arbitration costs, expert witness fees, and reasonable attorneys' fees incurred in connection with such action, and all fees, costs and expenses incurred on any appeal or in collection of any judgment. 33. Entire Agreement. This Lease constitutes the whole and entire agreement of the parties with respect to the subject matter of this Lease, and it shall not be modified or amended in any respect except by a written instrument executed by all the parties. This Lease replaces and supersedes all prior written and oral agreements by and among the parties or any of them. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. 12 of 24
November 2, 2021, Item #7CITY OF POWAY, a public body, corporate and politic By: ________ _ Chris Hazeltine, City lvhnager APPROVED AS TO FORM: Alan B. Fenstermacher, City Attorney ATTEST: Carrie Gallagher, CMC, City Clerk 13 of 24 San Diego Gas & Electric Company, a California corporation By: ________ _
November 2, 2021, Item #7Staging Area No. 1 Exhibit A Legal Description APNs 314-040-17 and 314-040-25 That portion of Sections 2 and 11, Township 14 South, Range 2 West, San Bernardino Meridian, in the City of Poway, County of San Diego, State of California, according to United States Government Survey, approved September 11, 1879, described as Parcel No. 80-0960A, Parcel 1, in Grant Deed to the County of San Diego, recorded October 31, 1980 as File/Page No. 80-365974 of Official Records of said County, described as follows: Commencing at a point in the centerline of Pomerado Road, as shown on Record of Survey Map No. 6563, filed in the Office of the County Recorder of said County, July 21, 1965 as File No. 130701, said point being South 86°37'45" East, 1294.88 feet along the Northerly line of said Section 11 from the Northwesterly corner of said Section 11; thence along said Northerly line and said Parcel 80-0960A, Parcel 1, South 86°37'45" East, 49.05 feet to a line parallel with and distant 33.00 feet Easterly of the centerline of Road Survey No. 1859-2,, filed in the Office of the County Engineer of said County; thence leaving said Northerly line, along said parallel line, and along he Westerly, Northerly and Easterly boundary of said Parcel No. 80-0960A, Parcel 1 the following courses: North 01 °05'02" East, 523.80 feet; thence South 88°54'58" East, 185.40; thence South 7 4 ° 19' 1 O" East, 118.40 feet; thence North 51 0 43'40" East, 138. 84 feet; thence South 46°10'20" East, 69.30 feet; thence South 74°48'40" East, 72.50 feet; thence North 83°42'00" East, 173.00 feet; thence North 12°14'24" East, 198.52 feet; thence North 53°17'04" East, 117.59 feet to the centerline of proposed Camino Del Norte; thence continuing along said boundary of Parcel No. 80-0960A, Parcel 1, and along said centerline of proposed Camino Del Norte, South 36°42'56" East, 446.25 feet to the beginning of a 1800.00 foot radius curve, concave Northeasterly; thence continuing along said boundary of Parcel No. 80-0960A, Parcel 1, the following courses: Southeasterly along said curve through a central angle of 0°43'31" a distance of 22.79 feet; thence non-tangent to said curve South 52°33'00" West, 68.00 feet; thence South. 82°09'02" West, 183.52 feet; thence South 30° 40'51" West, 243. 02 feet; thence South 13°38'34" West, 105.99 feet; thence South 02°12'53" West, 43.80 feet to the Southeasterly boundary of land described in Exhibit "A" of Grant Deed to R&R Partners-Poway, a California General Partnership, recorded May 27, 1987 as File/Page No. 87-290444 of Official Records of said County and the true point of beginning; thence continuing along said Easterly and Southerly boundary of Parcel No. 80-0960A, Parcel 1, the following courses: South 02°12'53" West, 137.34 feet; thence South 09°42'31" East, 919.16 feet; thence South 02°22'19" West, 169.15 feet; thence South 64°09'10" West, 235.22 feet to the Northeast corner of land described in Grant Deed to Poway Union School District, recorded December 9, 1960 as Document No. 239494 of Official Records of said County; thence along the Northerly line of said land described in Grant Deed to Poway Union School District and its Westerly prolongation, North 89°09'20" West, 740.00 feet to said centerline of Pomerado Road as shown on said Record of Survey No. 6563 and the Southwest corner of said Parcel No. 80-0960A, Parcel 1; thence leaving said Easterly prolongation of the Northerly line of said land described in Grant Deed to Poway Union School District and the Southerly boundary of said Parcel No. 80-0960A, Parcel 1, along said centerline of Pomerado Road as shown on said Record of Survey No. 6563 and the Westerly boundary of said Parcel No. 80-0960A, Parcel 1, North 00°50'40" East, 544.95 feet to the Southwest corner of said land described in Exhibit "A" of Grant Deed to R&R Partners-Poway; thence leaving said centerline of Pomerado Road as shown on said Record of Survey No. 6563 and said Westerly boundary of Parcel No. 80-0960A, Parcel 1, along the Southerly line of said land 14 of 24
November 2, 2021, Item #7described in Exhibit "A" of Grant Deed to R&R Partners-Poway, South 88°41 '45" East, 60.51 feet to a line parallel with and distant 51.00 feet Easterly of the centerline of Road Survey No. 1859-2; thence leaving said Southerly line, continuing along said land described in Exhibit "A" of Grant Deed to R&R Partners-Poway and along said parallel line North 01 °18'15" East, 503.44 feet to the beginning of a 25.00 foot radius curve, concave Southeasterly; thence leaving said parallel line, continuing along said land described in Exhibit "A' of Grant Deed to R&R Partners-Poway, Northwesterly along said curve through a central angle of 88°00'00" a distance of 38.40 feet; thence continuing along said land described in Exhibit "A" of Grant Deed to R&R Partners-Poway the following courses: North 89°18'15" East, 56.27 feet to the beginning of a 1057 .00 foot radius curve, concave Northwesterly; thence Northeasterly along said curve through a central angle of 37°49'03" a distance of 697.66 feet; thence North 51 °29'12" East, 3.35 feet to said Easterly boundary of Parcel No. 80-0960A, Parcel 1 and the true point of beginning. 15 of 24
November 2, 2021, Item #7SAN DIEGO 16 of 24 Exhibit B Vicinity Map Line 1600 -Pomerado South Segment PO ~y Pipeli e replacement Existing --pipeline 1600 e Section
November 2, 2021, Item #7LEGEND 17 of 24 LAYDOWN YARD LOCATION lO Exhibit C Staging Area No. 1 APN s 314-040-1 7 and 314-040-25 AD' 31~-0~0-:~-8) ~< .; 1 ..:-040-l 7-GO C,':, ER: r IF OF PO','-'A. ( ~·'•'ITl' ...... itnn~) .;..., 1--............ --.------------1
November 2, 2021, Item #7Staging Area No. 2 Exhibit C Legal Description APN 317-251-31 ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF APPROVED AUGUST 29, 1890, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SECTION 23 WITH THE NORTHEASTERLY LINE OF MISSION ROAD 1-A AS SHOWN ON SHEET 13 OF MAP OF SAID MISSION ROAD 1-A, SAN DIEGO COUNTY HIGHWAY COMMISSION, RECORDS OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, SAID POINT BEING DISTANT NORTH 89° 42' EAST, 26.62 FEET, ALONG SAID SECTION LINE FROM STATION 318 PLUS 97.72 ON THE CENTER LINE OF SAID MISSION ROAD; THENCE NORTH 89° 42' EAST ALONG SAID SOUTH LINE OF SAID SECTION, 162.65 FEET; THENCE NORTH 0° 41' EAST, 146.87 FEET TO A POINT ON A CURVE WHOSE CENTER BEARS NORTH 0° 41' EAST 146.87 FEET TO A POINT ON A CURVE WHOSE CENTER BEARS NORTH o· 41' EAST 50 FEET FROM THE AFORESAID POINT, THENCE WESTERLY AND NORTHERLY ALONG SAID CURVE 95.99 FEET; THENCE SOUTH 83° 52' 42" WEST 126.66 FEET; THENCE SOUTH 38° 53' WEST, 130.00 FEET TO A POINT ON SAID NORTHEASTERLY LINE OF SAID MISSION ROAD; THENCE SOUTH 41° 35' EAST ALONG SAID NORTHEASTERLY LINE BEING PARALLEL WITH AND DISTANT 20 FEET AT RIGHT ANGLES NORTHEASTERLY FROM THE CENTER LINE OF SAID ROAD, AS SHOWN ON THE ABOVE-MENTIONED MAP OF SAID ROAD 134.59 FEET TO THE POINT OF BEGINNING. 18 of 24
November 2, 2021, Item #719 of 24 Exhibit D Vicinity Map Staging Area No. 2 APNs 317-251-31 LAYDOWN YARD CITY OF POWAY 317-251-31-00
November 2, 2021, Item #7Exhibit E Slurry Seal Areas of Improvement 20 of 24
November 2, 2021, Item #7SAN DIEGO 21 of 24 Exhibit B Vicinity Map PO ~y ATTACHMENT B Pipeline replacement __ Existing pipeline 1600 Section
November 2, 2021, Item #7LEGEND LAYDOW YARD --PARCE LINE 22 of 24 i..:... .... . · CITYOF -POWAY lO Exhibit C Staging Area No. 1 ATTACHMENT C
November 2, 2021, Item #723 of 24 Exhibit D Staging Area No. 2 LAYOOWN YARD CITY OF POWAY 317-251-31-00 CITY OF POWAY 320-011-09-00 -~PN: .) . "7-:::: I --C\{} (/.'iNER· CITr o-FO'.',,/.\Y ATTACHMENT D
November 2, 2021, Item #724 of 24 Exhibit E Slurry Seal Location ATTACHMENT E
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
November 2, 2021
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk �
(858)668-4535 or cgallagher@poway.org
CITY COUNCIL
Second Reading and Adoption of Ordinance No. 849 entitled "An Ordinance of
the City Council of the City of Poway, California, Amending Sections 8.68.010,
8.68.020, 8.68.030, 8.68.195, 8.68.400 and Adding 8.68.225 and 8.68.230 to
Chapter 8.68 (Solid Waste Management) of the Poway Municipal Code"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular
City Council Meeting on October 19, 2021. There were no speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading: AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
MULLIN, FRANK, GROSCH, LEONARD, VAUS
NONE
NONE
NONE
NONE
Recommended Action:
It is recommended that the City Council adopt Ordinance No. 849.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
Public Notification:
An ordinance summary notice was published in in the Poway News Chieftain on Thursday, October
28, 2021. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in
1 of 20 November 2, 2021, Item #8
November 2, 2021, Item #8accordance with Government Code section 36933. Attachments: A. Ordinance No. 849 Reviewed/ Approved By: wendaserman Assistant City Manager 2 of20 Reviewed By: Alan Fenstermacher City Attorney City Manager
November 2, 2021, Item #8ATTACHMENT AORDINANCE NO. 849 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING SECTIONS 8.68.010, 8.68.020, 8.68.030, 8.68.195, 8.68.400 AND ADDING 8.68.225 AND 8.68.230 TO CHAPTER 8.68 (SOLID WASTE MANAGEMENT) OF THE POWAY MUNICIPAL CODE WHEREAS, Chapter 8.68 of the Poway Municipal Code ("PMC") authorizes the City to determine all aspects of solid waste handling which are of local concern; WHEREAS, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 4000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle solid waste generated in their jurisdiction to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; WHEREAS, Assembly Bill 341 of 2011 places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires the City to implement a mandatory commercial recycling program; WHEREAS, Assembly Bill 1826 of 2014 requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires the City to implement a recycling program to divert organic waste from businesses subject to the laws, and requires the City implement a mandatory commercial organics recycling program; WHEREAS, Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recover (CalRecycle) to develop regulations to reduce organics in landfills. As adopted by CalRecycle, these SB 1383 regulations (SB 1383 Regulations) place requirements on multiple entities including the City, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievements of statewide organic waste disposal reduction targets; WHEREAS, the SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations; WHEREAS, the City seeks Ordinance amendments to five sections and the addition of two new sections to Chapter 8.68 of the PMC to reflect organic waste collection, diversion, and education mandates to address state organic recycling requirements; WHEREAS, the City now desires to implement requirements for the separation, processing, hauling, and diversion of organic waste; and WHEREAS, in addition to being described herein, all the changes proposed to Sections 8.68.010, 8.68.020, 8.68.030, 8.68.195, and 8.68.400 and the addition of 8.68.225 and 8.68.230 to Chapter 8.68 of the PMC are included herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: 3 of20
November 2, 2021, Item #8SECTION 1: The above recitations are true and correct. SECTION 2: The City Council hereby approves this Ordinance and amends Sections 8.68.010, 8.68.020, 8.68.030, 8.68.195, and 8.68.400 and adds Sections 8.68.225 and 8.68.230 to Chapter 8.68 of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. follows: 4 of20 SECTION 3: Section 8.68.010 of the Poway Municipal Code is hereby amended as 8.68.010 Findings and intent. A. The City Council finds and determines as follows: 1. The City is responsible to protect its citizens against nuisances derived from solid waste by providing solid waste handling services including, but not limited to, source reduction, recycling, composting activities, and the collection, transfer and disposal of solid waste and litter. 2. In order to meet the requirements of the California Integrated Waste Management Act of 1989, including source reduction of the solid waste stream, diversion of solid waste from landfills, and conservation of natural resources, it is necessary to regulate the collection of solid waste from residential and commercial premises, and to require recycling of solid waste materials. 3. In order to meet the requirements of the state recycling law, Assembly Bill 341 passed in 2011, and state organics recycling law, Assembly Bill 1826 passed in 2014, it is necessary to require businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services for that waste and requires the City to implement a Mandatory Commercial Recycling program. Further, the passing of State Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the adoption and enforcement of an ordinance or enforceable mechanism to implement requirements on residential households, commercial businesses, commercial edible food generators, haulers, self-haulers, and food recovery organizations to support achievement of statewide organic waste disposal reduction targets. J1_. The mandates of the Environmental Protection Agency and other regulatory agencies, with respect to air pollution and traffic congestion management, require the regulation, and, where possible, reduction in the number of waste collection vehicles and vehicle trips which cause the discharge of air contaminants and create air pollution. -4-5. A reduction in the number of heavy waste collection vehicles using the City streets daily will reduce traffic hazards and congestion and promote safety. a§. The storage, accumulation, collection and disposal of solid waste, including, without limitation, garbage, trash, debris, litter, and other discarded materials is a matter of substantial public concern in that improper control of such matters may create a public nuisance, air pollution, fire hazard, rat and insect infestation, and other problems affecting the public health, safety and welfare.
November 2, 2021, Item #8follows: 5 of20 az. Regulation of the collection of solid waste, recyclables, yard waste, and other compostables in the City will provide the most orderly and efficient solution to such problems and will promote the public health, safety and welfare. Compostables in the City will provide the most orderly and efficient solution to such problems and will promote the public health, safety and welfare. 7§. The regulation of solid waste handling services in the City will also promote the public health, safety and welfare by requiring the use of newer and safer vehicles, the regular maintenance of such vehicles, and the reduction of spillage and litter in the public streets, by establishing accountability for the cleaning of solid waste bins and containers, and by providing for accountability to the public. 8~. The public health, safety and welfare will best be served by providing for an exclusive franchise for residential and commercial solid waste and recyclable materials collection services. SECTION 4: Section 8.68.020 of the Poway Municipal Code is hereby amended as 8.68.020 Definitions. For the purpose of this chapter, the following words and phrases shall be construed as hereafter defined, unless it is apparent from the context that a different meaning is intended by the legislative body. "Bulky items" means stoves, refrigerators, water tanks, water heaters, washing machines, broken or discarded furniture, rubbish and debris from building construction, rocks, sod, earth and other bulky materials. Bulky items eligible for curbside pickup on normal collection days include items weighing no more than 50 pounds, no longer than four feet in length, and no greater than three feet in diameter. Larger items will be collected, but only "on call" and at an additional, published, one-time expense. "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR). "City" means the City of Poway, a municipal corporation of the State of California. "City Council" means the Mayor and City Council of the City of Poway. "City Manager" means the City Manager of the City of Poway or City Manager's designee. "Collection" means the operation of gathering together within the City, and transporting by means of motor vehicle to the point of disposal or processing, any solid waste recyclables, yard waste, or other compostables. "Commercial occupant" or "commercial business" means every owner of, and every tenant or person who is in possession of or has the care and control of, a
November 2, 2021, Item #86 of20 place of business, or a multi-family residential dwelling that consists of more than five (5) units. A multi-family residential dwelling that consists of less than five (5) units is not a commercial business for purposes of implementing this ordinance. "Commercial premises" means all occupied real property in the City, except property occupied by Federal, State or local governmental agencies which do not consent to their inclusion, and except residential premises as defined in this section, and shall include, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional services, sports or recreational facilities, construction and demolition sites, and any other commercial or industrial business facilities, structures, sites, or establishments in the City. "Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in this ordinance. for the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators. "Compostables" means organic wastes that are source separated from the solid waste stream or which are separated at a centralized facility that can be biologically decomposed under controlled, aerobic or anaerobic conditions to produce a product that can be reused. "Container" means any vessel, tank, receptacle, box or bin used or intended to be used in the storage or collection of recyclable materials or in the process of recycling, or for the purpose of holding solid waste for storage or collection. "Contractor" means any person or business concern authorized by the City's special permit or business license, separate from the exclusive franchise, to provide solid waste, recyclables, yard waste and other compostables collection and disposal services. "Designated source separated organic waste facility" means a solid waste facility that accepts a source separated organic waste collection stream and complies with one of the following: 1. The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for organic waste received from the source separated organic waste collection stream. a. If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "designated source separated organic waste facility". 2. The facility is a "composting operation" or "composting facility" demonstrates that the percent of the material removed for landfill disposal that
November 2, 2021, Item #87 of 20 is organic waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5. a. If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17 409.5.8(c)(3), for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "designated source separated organic waste facility." For the purposes of this ordinance, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49). "Designee" means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this ordinance. A designee may be a government entity, a hauler, a private entity, or a combination of those entities. "Director of Public Works" means the Director of Public Works for the City of Poway or Director's designee. "Disposal" means the management of solid waste through landfill disposal or transformation at a permitted solid waste facility after the collection thereof. "Disposal site" means the permitted place, location, tract of land, area or premises in use, intended to be used, or which has been used, for the disposal of solid waste. "Edible food" means food intended for human consumption. For the purposes of this ordinance, "edible food" is not solid waste if it is recovered and not discarded. Nothing in this Ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code. "Enforcement action" means an action of the City to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. "Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores. "Food recovery" means actions to collect and distribute food for human consumption which otherwise would be disposed. "Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities including, but not limited to: a food bank as defined in Section 113783 of the Health and Safety Code, a nonprofit charitable organization as defined in Section 113841 of the Health and Safety code, and a nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. If the definition in 14 CCR Section 18982(a)(25) for "food recovery organization" differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
November 2, 2021, Item #88 of 20 "Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery. "Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations. "Food waste" means food scraps including, but not limited to: fruit, vegetables, meat, bones, dairy, egg shells, and prepared food and food-soiled paper including, but not limited to: napkins, tea bags, paper plates, and coffee filters. "Franchisee" means any person or business concern who has been awarded an exclusive franchise by the City to provide residential and commercial/industrial solid waste, recyclables, yard waste and other compostables collection services. "Garbage" includes, but is not restricted to, all animal and vegetable refuse from kitchens and household 1.vaste that shall have been prepared for, or intended to be used as, or shall have resulted from the preparation of food; all table refuse; every accumulation of animal and vegetable refuse that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fruits or vegetables; and offal, animal excreta or the carcasses of animals, grease soiled paper products, and fish or fowl, and nonrecyclable plastic. Hazardous Waste. 1. "Hazardous waste" means a waste, or combination of wastes as defined by Federal or State guidelines, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may do each of the following: (i) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (ii) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. 2. "Hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and such other waste as may hereafter from time to time be designated as such by the Environmental Protection Agency (EPA) or other agency of the United States Government, or by the California Legislature or any agency of the State of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous. "High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.S(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.S(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5). "Holiday" means the following holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day, and President's Day. "Holiday" also means any other day designated as such in a contract between a contractor and the labor union serving as the exclusive
November 2, 2021, Item #89 of20 representative of said contractor's employees, provided such holiday is established or recognized by the City. "Household hazardous waste" means those wastes resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed, or otherwise managed. "Inspection" means a site visit where the City, franchisee, or designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this ordinance. "Local agency" means any county, city or district having the authority to provide solid waste handling services either by the agency itself or by authorizing or permitting other local agencies or solid waste enterprises to provide solid waste handling services. "Multi-family residential dwelling" or "multi-family" means of, from, or pertaining to residential premises with five (5) or more dwelling units and are considered a commercial business for purposes of implementing this Ordinance. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. "Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges. "Person" means an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. "Pollutants" means and includes, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, sediment, silt, industrial waste, and any organic or inorganic substance defined as a pollutant under 40 CFR 122.2 whose presence degrades the quality of the receiving waters in violation of basin plan and California ocean plan standards such as fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, fertilizers, pesticides, herbicides and other biocides. A pollutant also includes any contaminant which degrades the quality of the receiving waters in violation of basin plan and California ocean plan standards by altering any of the following parameters: pH, total suspended and settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand (COD), nutrients, temperature, and other narrative standards of the basin plan. "Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility.
November 2, 2021, Item #810 of 20 "Recovery" describes any operation where organic waste is sent to a qualifying recycling center, a compostable material handling operation or facility, an in-vessel digestion operation or facility, a biomass conversion operation or facility, used as a soil amendment for erosion control, revegetation, slope stabilization, or landscaping at a landfill, used for land application, or lawfully used as animal feed as described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). "Recyclable" means recyclable materials and refers to materials generated on or emanating from residential or commercial premises and no longer useful or wanted thereon that are separated from other types of solid waste or, collected separately from other types of solid waste and made available for reuse, or which may be used as raw material in the manufacture of new products. The following materials are currently recyclable: glass bottles and jars -any food or beverage container (excluding dishware, ceramics and chemical containers); aluminum cans, foil, pie tins and similar items; steel or bimetal cans not to exceed one gallon size; PET -plastic soda bottles or other bottles with the designated "PET" symbol; HOPE -plastic milk and water bottles with the designated "HOPE" symbol (excluding detergent or bleach bottles); newspaper; cardboard -separated and not having waxed surfaces; mixed paper including magazines, junk mail, catalogs, paper bags, and telephone books; computer printout (excluding carbon); and white ledger-white bond paper, office paper, white envelopes (excluding coated paper); and such additional materials as the City Manager may designate from time to time. "Refuse" means garbage, commercial garbage and rubbish, excepting therefrom hazardous or bulky items. "Residential occupant" or "single-family" means every owner of, and every tenant, or person who occupies or is in possession of or has the care and control of, residential premises with the inclusion of multi-family complexes with fewer than five (5) units. "Residential premises" means each place used for residential purposes for a single family, including, without limitation, multiple-unit residential complexes, such as rental housing projects, condominiums, apartment houses, mixed condominiums and rental housing, and mobile home parks. No places used primarily for business purposes shall be considered as a residential unit. "Rubbish" means combustible and noncombustible solid waste. SB 1383. 1. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730. 7, and 39730.8 to the Health and Safety Code, and added chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 2. "SB 1383 regulations" or "SB 1383 regulatory" means or refers to, for the purposes of this ordinance, the Short-lived Climate Pollutants: Organic Waste
November 2, 2021, Item #811 of 20 Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR "Self-hauler" means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment. Solid Waste. 1. "Solid waste" means all putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, pollutants, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge, grit and screenings which are not hazardous, residue or non-processable waste from solid waste disposal facilities including material recovery, composting and transformation facilities, sod, concrete and similar materials. 2. "Solid waste" does not include hazardous waste regulated under State Public Resources Code Section 40141, 0f low-level radioactive waste regulated under Chapter 8 (commencing with Section 6011490) of Part 9 of Division 104 of the State Health and Safety Code, or medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code. under Chapter 7.6 (commencing with Section 25800) of Division 20 of the Health and Safety Ge€!&.-Solid Waste Management Facility. 1. "Solid waste management facility" means the operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes waste as an activity incidental to the conduct of a solid waste collection and disposal business in accordance with regulations adopted pursuant to Section 43309 of the California Public Resources Code. 2. "Solid waste management facility" includes a solid waste transfer or processing station, a composting facility, a transformation facility, and a disposal facility. "Source separated" means the segregation, by the generator, of materials designated for separate collection for some form of materials recovery, recycling, or special handling. "Stormwater" means surface runoff and drainage associated with storm events and snowmelt that flows across a surface to the stormwater conveyance system or
November 2, 2021, Item #8receiving waters. For the purposes of this chapter, stormwater runoff and drainage from areas that are in a natural state, have not been significantly disturbed or altered, either directly or indirectly, as a result of human activity, and the character and type of pollutants naturally appearing in the runoff have not been significantly altered, either directly or indirectly, as a result of human activity, shall be considered "unpolluted" and shall satisfy the definition of "stormwater" in this chapter. "Stormwater conveyance system" means private, natural and publicly owned facilities within the City of Poway by which stormwater may be conveyed to receiving waters of the United States, including any roads with drainage systems, streets, catch basins, curbs, gutters, ditches, pipes, natural and manmade channels or storm drains. "Tier one commercial edible food generator" means a commercial edible food generator that is one of the following: supermarket, grocery store with a total facility size equal to or greater than 10,000 square feet, food service provider, food distributor, wholesale food vendor. "Tier two commercial edible food generator" means a commercial edible food generator that is one of the following: restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet, hotel with an on-site food facility and 200 or more rooms, health facility with an on-site food facility and 100 or more beds, large venue, large event, a state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet, or a local education agency with an on-site food facility. "Waste diversion" means to divert solid waste, in accordance with all applicable Federal, State and local requirements, from disposal at solid waste landfills or transformation facilities through source reduction, recycling or composting. "Waste generator" means any person whose act or process produces solid waste, or whose act first causes solid waste to become subject to regulation. "White goods" means kitchen or other large-enameled appliances which includes, but is not limited to, refrigerators, washers, and dryers. "Wood wastes" means solid waste consisting of wood pieces or particles which are generated from the manufacturing or production of wood products, harvesting, processing or storage of raw wood materials, or construction and demolition activities. "Yard waste" means green waste or any wastes generated from the maintenance or alteration of public, commercial, or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, pruning, brush and weeds. (Ord. 659 § 4, 2007; Ord. 496 § 2, 1998; Ord. 448 § 2, 1995.) SECTION 5: Section 8.68.030 of the Poway Municipal Code is hereby amended as follows: 12 of 20 8.68.030 Mandatory separation of recyclables, collection and disposal of solid waste and recyclables.
November 2, 2021, Item #813 of 20 A. Single-family and commercial generators: A. Mandatory Collection and Disposal of Solid V\laste and Recyclable Materials. All solid waste created, produced or accumulated in or about residential premises or commercial premises in the City shall be mandatorily collected from the residential premises and commercial premises at least once per week. Generator shall separate waste into the appropriate designated containers. The San Diego County Health Department may require more frequent collections and the City shall have the authority to change the minimum required levels of service over time. Every residential and commercial occupant shall use the services of the franchisee having the exclusive franchise for collecting solid waste, recyclables, yard waste and other compostables. The City Council may authorize the collection of solid waste to prevent its entry into the stormwater conveyance system and the waters of the State through contracts for services or through the use of City forces. No residential occupant or commercial occupant shall enter into an agreement for residential solid waste collection services or commercial solid waste collection services with a person other than the exclusive franchisee, except as specified otherwise in this chapter. It is declared to be unlawful for the occupant of any of the above-described premises to fail or neglect to provide for the removal of solid waste, or the reasonable separation of recyclables, yard waste and other compostables as required herein. Each day's violation of this section shall be treated and considered as a separate and distinct offense. B. Additionally, commercial businesses, which includes multi-family residential premises shall: 1. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants and customers, consistent with the City's three container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.68.400. 2. Excluding multi-family residential dwellings, provide containers for the collection of source-separated organic waste, and recyclables in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. The containers provided by the business shall have either: a. A body or lid that identifies whether it is for organic waste or recyclables. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. b. Container labels that include language or graphic images or both indicating the primary material accepted and the primary materials prohibited in that container or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. The container labels are required on new containers commencing January 1, 2022.
November 2, 2021, Item #814 of 20 3. Excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials to the extent practical through education, training, inspection, and/or other measures. Additionally, containers shall be inspected periodically for contamination and employees shall be instructed on proper separation when contamination is found. 4. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of organic waste and recyclables. 5. Provide educational information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep organic waste and recyclables materials separated from other solid waste (when applicable) and the location of containers and the rules governing their use at each property. 6. Provide or arrange access for City or its designee to their properties during all inspections and investigations conducted in accordance with this ordinance to confirm compliance with the requirements of this ordinance. Any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators may be inspected at random or otherwise to confirm compliance. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirements of this ordinance described herein. Failure to provide or arrange for: (i) access to the entity's premises; or (ii) access to records for any inspection or investigation is a violation of this Ordinance and may result in penalties. This Section does not allow the City to enter the interior of a private residential property for inspection. 7. Any records obtained by the City during its inspections, investigations, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. 8. If a commercial business wants to self-haul, meet the self-hauler requirements of this Ordinance. 9. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements described in this Ordinance. BC. Exemptions. An exemption to the mandatory collection requirement of this section shall be granted upon application by the residential occupant or commercial occupant with sufficient proof of use of a City-approved solid waste and recyclables collection alternative. Said exemption shall be obtained in accordance with the process established and implemented by the City. An exemption shall be granted only under specifically enumerated administrative circumstances. All exemptions shall be subject to renewal annually. Those who have been granted exemptions may, from time to time, be required to provide proof-positive of their using an acceptable alternative to the franchise. An individual property owner's or tenant's failure to provide sufficient proof of use of a City-approved solid waste and recyclable materials collection alternative shall be a violation of this section. An exemption is nontransferable to any new owner of any
November 2, 2021, Item #8follows: given residence or commercial/industrial establishment. (Ord. 659 § 5, 2007; Ord. 496 § 2, 1998; Ord. 448 § 2, 1995) D. Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, and/or using a community composting site, or animal feed recycling service. SECTION 6: Section 8.68.195 of the Poway Municipal Code is hereby amended as 8.68.195 Processing of solid waste. Subject to the requirements of PMC 8.68.185, franchisee, prior to disposal, may direct any or all portions of the waste collected under the franchise agreement to a landfill, material recovery, composting, transformation or any other permitted solid waste processing facility, for processing of any materials contained therein. Franchisee shall meet the following requirements and standards as a condition of approval of an agreement, contract, or other authorization to collect organic waste: A. Through written notice to the City annually on or before January 1st, identify the facilities to which they will transport organic waste including the facilities for source separated recyclable materials and organic waste. B. Transport source separated recyclable materials and organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR Division 7, Chapter 12, Article 2. C. Obtain approval from the City to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting construction and demolition debris in a manner that complies with this Ordinance. The City reserves the right to designate such a facility or may disapprove franchisee's choice. Franchisee shall identify loads suitable for processing at material recovery, composting, transformation or any other solid waste processing facilities, and modify routes or storage and collection procedures, as directed by the Director of Public Works, to increase the quality or recoverability of materials generated by customers. (Ord. 659 § 9, 2007; Ord. 448 § 2, 1995) SECTION 7: Article Ill of the Poway Municipal Code is hereby amended to include the addition of 8.68.225 as follows: 15 of 20 Article Ill. California Integrated Waste Management Act of 1989 (AB 939) and Short-lived Climate Pollutants Senate Bill 1383 (SB 1383): Operational and Reporting Requirements Section 8.68.225 Requirements for commercial edible food generators Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024. Commercial edible food generators shall comply with the following requirements:
November 2, 2021, Item #816 of 20 A. Arrange to recover the maximum amount of edible food that would otherwise be disposed. §..:. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery. C. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service. ~ Allow City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. ~ Keep records that include the following information: i A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). 2. A copy of all contracts or written agreements with food recovery services or organizations. 3. A record of the following information for each of those food recovery services or food recovery organizations: .§.:. The name, address and contact information of the food recovery service or food recovery organization. ~ The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization. c. The established frequency that food will be collected or self-hauled. ~ The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery. E. No later than July 1, 2022 for tier one commercial edible food generators and July 1, 2024 for tier two commercial edible food generators, provide an annual food recovery report to the City that includes the following information: i All records required in Section 8.68.225 (E). £: Amount and type of edible food that was not accepted by food recovery organizations or services for donation. G. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education
November 2, 2021, Item #8Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). SECTION 8: Article Ill of the Poway Municipal Code is hereby amended to include the addition of 8.68.230 as follows: 17 of 20 Section 8.68.230 Requirements for food recovery organizations and services. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement shall maintain the following records: A. The name, address, and contact information for each commercial edible food generator from which the service collects edible food; B. The quantity in pounds of edible food collected from each commercial edible food generator per month; C. The quantity in pounds of edible food transported to each food recovery organization per month; D. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery; Food recovery oraanizations collecting or receIvIng edible food directly from commercial edible food generators, via a contract or written agreement shall maintain the following records: A. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food; B. The quantity in pounds of edible food received from each commercial edible food generator per month; C. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery; Commencing January 1, 2022, and annually thereafter, food recovery organizations and food recovery services that have their primary address located in the City and contract with or have written agreements with one or more commercial edible food generators shall report to the City the following: A. The total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with. Food Recovery Capacity Planning: In order to support edible food recovery capacity planning assessments or other studies conducted by the City, or its designated entity, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. a
November 2, 2021, Item #8follows: 18 of 20 food recovery service or food recovery organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City. SECTION 9: Section 8.68.400 of the Poway Municipal Code is hereby amended as 8.68.400 Scope of franchise -Exclusions and self-hauling requirements. The franchise granted to franchisee shall be exclusive except as to the following categories of solid waste, recyclables, yard waste and other compostables listed in this section. The granting of a franchise shall not preclude the categories of solid waste, recyclables, yard waste and other compostables listed below from being delivered to or collected or transported self-hauled by others, provided that nothing is intended to or shall be construed to excuse any person from obtaining any authorization from the City which is otherwise required by law: A. Manure, yard waste and other compostables removed from a premises by a manure removal, gardening, landscaping or tree trimming contractor as an incidental part of total service offered by that contractor rather than as a hauling service; B. Household hazardous waste and hazardous waste; C. Auto parts and bodies; D. Medical waste (as defined in the California Waste Management Act) which shall be handled in the manner prescribed by the County Health Officer and in accordance with the California Health and Safety Code; E. Solid waste exempted pursuant to PMC 8.68.030(C); F. Solid waste collected to prevent its entry into the stormwater conveyance system and the waters of the State, through contracts for services or through the use of City forces. (Ord. 659 § 29, 2007; Ord. 496 § 2, 1998) Those utilizing a service that provides self-hauling must ensure the haulers abide by the following requirements: A. Self-haulers shall source separate all recyclable materials and organic waste {materials that City otherwise requires generators to separate for collection in the Citys' organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.21 or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
November 2, 2021, Item #8B. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility. C. Self-haulers that are commercial businesses (including multi-family self-haulers) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the City. The records shall include the following information: 1. Delivery receipts and weight tickets from the entity accepting the waste; 2. The amount of material in cubic yards or tons transported by the generator to each entity; 3. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste. D. Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in Section C to the City, starting no later than January 1, 2022 and annually thereafter. E. Additionally, owners of facilities, operations, and activities that receive and recover organic waste from haulers, including but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. community composting operators, upon city request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within 60 days. SECTION 10: This Ordinance shali be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 19th day of October 2021, and thereafter. 19 of 20
November 2, 2021, Item #8PASSED AND ADOPTED at a Regular Meeting of said City Council held the 2nd day of November, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 20 of 20
November 2, 2021, Item #9DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway November 2, 2021 Honorable Mayor and Members of the City Council Aaron Beanan, Director of Finance ;ft;; Aaron Beanan, Director of Finance (858) 668-4411 or abeanan@poway.org CITY COUNCIL Public Hearing for Proposed Four-Year Water, Recycled Water, and Wastewater Rates On September 7, 2021 the City set the November 2, 2021 public hearing date for proposed four-year rate increases for water, recycled water, and wastewater rates. The California Constitution, Article XIIID, Section 6, states that local governments must hold a Majority-Protest Public Hearing and notify property owners at least 45 days in advance of the public hearing related to proposed water, recycled water, and wastewater rates. The notice (Attachment C) was mailed to 13,300 property owners with municipal water and/or wastewater service on September 15, 2021, at least 45 days prior to the public hearing. Under the law, if written protests against the proposed rate increases are presented by a majority of property owners (i.e. more than 6,650 property owners), the increases shall not be approved. If a majority protest does not exist, Council may elect to approve the proposed four-year rates and related items at the conclusion of the public hearing. As of October 26, 2021, a total of 382 protests were filed with the City Clerk. A summary of the protests filed with the city is shown in Attachment E. The actual protests are on file with the City Clerk's Office. Recommended Action: It is recommended that the City Council take public input, close the public hearing, and adopt the resolutions if a majority protest does not exist. Discussion: After a review of water, recycled water, and wastewater projections, new rate increases are needed to ensure the financial sustainability of the enterprise system. The September 7, 2021 staff report contained a lot of information explaining why rate increases were needed and why four-year rate increases, instead of two-year, were being proposed. As such, this staff report will briefly summarize the information contained in that staff report. The September 7, 2021 staff report has been included as a courtesy (Attachment D) for those that did not have the opportunity of attending or reading that staff report. 1 of 35
November 2, 2021, Item #9Proposed Water Rates Four-year revenue increases of 10% in January 2022, 9% in January 2023, 8% in January 2024, and 8% in January 2025 are being proposed for water to cover the increasing costs of providing safe, reliable water on demand to ratepayers. The increases are necessary to fund the costs of imported water, capital expenses, operational expenses, and appropriate reserve levels. The two largest rate drivers are the cost of imported water and capital projects. Imported Water: Imported water represents almost 60% of water.operating costs. When imported water costs increase, this impacts City of Poway water rates. The average San Diego County Water Authority (SDCWA) rate and charge increase to the City is 6.87% for calendar year 2022. SDCWA used reserves to temper this increase, otherwise it would have been greater. Their rate increase was driven by an average rate and charge increase of 8.16% from the Metropolitan Water District (MWD), one of SDCWA water suppliers, and the Quantification Settlement Agreement (QSA) increase of 4.1 %. The QSA is a long-term water supply reliability project that secured a major water supply source for San Diego County through the Imperial Irrigation District water transfer. Water Capital Improvement Program: Water infrastructure includes water assets to transport water from the SDCWA system to the city's system, assets to treat the water to safe drinking levels, and assets to deliver safe, reliable water on demand to each rate payer's property. The water enterprise is planning both generational system improvements and routine maintenance and rehabilitation improvements over the next 5 years. As discussed at numerous City Council meetings, the Clearwell Bypass, Clearwell Replacement, and SDCWA Treated Water Connection (Water Program) are generational system improvements that will increase the resiliency, redundancy, and sustainability of the water system. The Water Program is estimated to cost $69.SM. In addition, the next five years have $13.SM in routine maintenance and rehabilitation projects WATER ENTERPRISE OVER $64M IN INFRASTRUCTURE: • • • • • • • • 294 MILES OF PIPE 5,044 WATER VALVES 21 PRESSURE REDUCING STATIONS 14 PUMP STATIONS 19 RESERVOIRS ONE 24 MGD* TREATMENT PLANT 2,435 FIRE HYDRANTS -45,000 ANNUAL WATER QUALITY TESTS PLANNED INFRASTRUCTURE: • $69.SM WATER PROGRAM • $13.SM REGULAR PROJECTS *MILLION GALLONS PER DAY planned. These projects ensure the water enterprise's over $64M in existing infrastructure continues to deliver safe reliable water. Proposed Water Program Financing: DEBT FINANCING MINIMIZES NEAR-TERM IMPACTS TO RATEPAYERS AND CREATES INTERGENERATIONAL EQUITY. 2 of 35 Based on the potential cost of the Water Program and the impact to ratepayers under a pay-go approach, as described at previous Council meetings, debt financing is being proposed. Given the timing of the proposed debt issuances to accommodate the cash flow needs of the Water Program, staff is recommending four-year rate increases this rate setting cycle. When the bonds go to market, this will benefit ratepayers by giving investors
November 2, 2021, Item #9assurances that the City will have a sufficient revenue stream to pay the annual debt service which translates to a lower cost of debt, all else being equal. The proposed revenue increases of 10%, 9%, 8%, and 8% over the next four years include estimates to finance the $69.SM Water Program using water revenue bonds. The first phase of the financing was approved on October 19, 2021 when City Council authorized the issuance of the Series 2021 A Water Revenue Bonds. This is the first of three planned debt issuances to finance the Water Program. Series 2021A will predominantly finance the Clearwell Bypass portion of the Water Program. The second and third debt issuances are planned for calendar years 2023 and 2024. Staff will actively pursue all available grant opportunities for the Water Program. And grant funds received will help defray the costs of the future debt issuances. Proposed Fixed/Variable Ratio Adjustment: The fixed/variable ratio reflects the amount of revenue collected between fixed charges which are not dependent on water usage and volumetric, or variable, charges which are dependent on water usage. The greater the revenue collected from fixed charges is, the more financially sustainable the water enterprise is. As discussed at prior Council meetings, the proposed rate INCREASING THE FIXED/VARIABLE RATIO SLOWLY BALANCES SUSTAINABILITY WITH RATEPAYER IMPACTS. increases include the revenue collected from fixed charges slowly increasing over time to minimize the impacts to ratepayers while helping increase the sustainability of the water enterprise. The proposed four-year water rate structure includes small adjustments to the ratio each year. The following table shows the changes to the fixed/variable ratio over the proposed four-year rates. Table 1: Estimated Fixed/Variable Ratios Existing Jan. 2022 Jan. 2023 Jan.2024 Jan.2025 Proposed Revenue Increase(%) N/A 10% 9% 8% 8% Fixed Charge(% of total revenue) 19.22%1 20.16% 21.21% 22.28% 23.39% Variable Rate (% of total revenue) 80.78% 79.84% 78.79% 77.72% 76.61 % 1. The currently approved fixed/variable ratio is 20/80%. However, the actual ratio is impacted based on things like water sales. The actual ratio will always be slightly different than the projected ratio. Estimated Residential Impacts: Poway's share of the SDCWA and Metropolitan Water District (MWD) settlement was $1,167,915. These funds were used to mitigate the required rate increase in calendar year 2022. If the City did not receive the MWD settlement, an 18% increase would have been needed, or 8% more than the current proposed rate increase, for calendar year 2022. The $1,167,915 settlement translates to roughly $20 in bimonthly savings for the average residential customer who has a ¾" meter and uses 37 units of water bimonthly. The following table shows the estimated bimonthly impacts of the proposed increases, which include the benefit of the MWD settlement as well as the costs to finance the Water Program, to the average residential customer by year. Table 2: Estimated Residential Impacts (Water) Debt Funding Option Existing Jan. 2022 Jan. 2023 Jan.2024 Jan.2025 Revenue Increase(%) N/A 10% 9% 8% 8% Estimated Water Bill1 $249.33 $275.08 $300.70 $325.90 $353.09 Impact($) N/A $25.75 $25.62 $25.20 $27.18 1. Assumes the average residential customer has a¾" meter and uses 37 units of water bimonthly. 3 of 35
November 2, 2021, Item #9As the table shows, the average residential customer would be paying over $103 more per bimonthly billing period for water in January 2025. This increase helps finance significant generational investments into the water system as well as the anticipated costs of providing safe, reliable water on demand to ratepayers. Proposed Wastewater Rates Four-year rate increases of 4.0% in January 2022, 2023, 2024, and 2025 are being proposed for wastewater to cover the increasing costs of providing safe, reliable wastewater services to ratepayers. The increases are necessary to fund the costs of wastewater treatment, capital expenses, and operational expenses. These proposed rate increases reflect the use of reserves to temper the impacts to ratepayers. Funds to cover Poway's estimated share of the San Diego Pure Water project were set aside as part of a strategic financial management decision to help mitigate the impacts to ratepayers and is discussed in more detail below. Wastewater Treatment: The most significant rate driver for the proposed revenue increases is wastewater treatment costs. Wastewater generated in Poway is collected by the City's wastewater system and conveyed to the City of San Diego Metropolitan Wastewater System (Metro), where it is treated at the Point Loma Wastewater Treatment Plant and ultimately discharged to the Pacific Ocean. Wastewater treatment represents almost 43 percent of all operating expenses. Similar to how SDCWA increases impact Poway's water rates, Metro wastewater treatment cost increases impact City of Poway wastewater rates. The largest factor increasing wastewater treatment costs is the San Diego Pure Water project. San Diego's Pure Water project is a multi-year project that is projected to supply one-third of San Diego's water supply locally by 2035. Based on projections from May 2020, Poway's estimated share of WASTEWATER ENTERPRISE OVER $36M IN INFRASTRUCTURE: • 186 MILES OF PIPE • 5 LIFT STATIONS • 4,000 MAINTENANCE COVERS PLANNED INFRASTRUCTURE: • • $20M PURE WATER SHARE $5.7M REGULAR PROJECTS the project is over $4 million annually for the next five years. However, several years ago staff began incorporating these costs into rates as part of a long-range financial management strategy to mitigate the impacts of this project to ratepayers. Funds collected have been set aside in reserves. As such, a combination of reserve drawdowns and rate increases will be used over the coming years to temper the impacts to ratepayers. Additionally, a wastewater treatment plant is designed to treat certain types of waste. As people dispose of pharmaceuticals, food waste, cooking oil, industrial chemicals, etc. down the wastewater system, the treatment process gets extended which increases costs. Wastewater Capital Improvement Program: The next largest factor driving the proposed revenue increases is rate-funded capital improvement projects. Rate-funded capital is paid for via rates or reserves; no debt is currently used or being proposed to fund capital projects. Rate funded capital is also being proactively invested in the rehabilitation and repair of the wastewater infrastructure to ensure Poway continues to provide safe, reliable, and affordable wastewater services. [Remainder of page intentionally left blank] 4 of35
November 2, 2021, Item #9Estimated Residential Impacts: Table 3 shows the estimated bimonthly impacts of the proposed four-year increases to the average residential customer by year. Table 3: Estimated Residential Impacts (Wastewater} Proposed Increases Existing Jan.2022 Jan. 2023 Jan.2024 Jan. 2025 Rate Increase(%) N/A 4% 4% 4% 4% Estimated Water Bill1 $98.21 $102.20 $106.23 $110.60 $115.03 Impact($) N/A $3.99 $4.03 $4.37 $4.43 1. Assumes the average residential customer has 15 units of winter wastewater flow bimonthly. As the table shows, the average residential customer would be paying over $16 more per bimonthly billing period for wastewater in January 2025. Community Outreach In addition to the 13,300 Prop 218 Notices mailed to property owners, to help the community understand the impacts of the proposed four-year rate increases, staff updated the residential bill estimator tool (https://poway.org/Rates-Fees). This was provided to help ratepayers evaluate how the proposed increases impact their specific usage patterns. This tool, as well as information specifically about the majority-protest public hearing, and proposed rates, was posted to the homepage of the City's website and the Water and Sewer Services section of the Finance Department webpage. This information was also actively communicated to the public via the City's Nextdoor public agency account, its City of Poway Facebook page, its City of Poway Twitter account, and the Poway Today e-newsletter. Utility Assistance Programs The COVID-19 pandemic has impacted people throughout the country. A variety of policies and programs have been put in place to aid those impacted by the pandemic. For example, the State of California declared through Executive Order No. N-42-20 issued on April 2, 2020 that residential customers and certain business customers could not have service discontinued or be shut-off for utility non-payment. Based on the City's normal policies, a total of 2,007 accounts could have been tagged due to non-payment. Tagging is the precursor to discontinuing service. The tags would have created additional fees for ratepayers. Since the City was not discontinuing service, the decision was made not to tag ratepayers. The savings to ratepayers for these fees cannot be reasonably estimated due to several factors leading to the tag fee charged. The City went beyond the State's action and extended the shut off moratorium to all Poway ratepayers. Another example of the City going beyond the State's policy is the waiver of late fees. The City has been waiving late fees since the beginning of the pandemic even though it has not been required by the State. The City waived 7,747 late fees totaling over $232k between March 18, 2020 and June 30, 2021. Late fees were resumed on July 1 consistent with the timing of the State's reopening plan. Given a full economic recovery will take time and there are still customers that are experiencing financial uncertainty, there are several programs to help provide assistance. The State of California is currently putting together a California Water and Wastewater Arrearage Payment Program based on the $985M received from federal funding. This funding will help cover water debt from residential and commercial customers accrued between March 4, 2020 and June 15, 2021. If the program still has funding available after addressing water debt, it will extend to wastewater residential and commercial arrearages as well. While this program is not fully operational yet, it is anticipated to provide relief to certain Poway ratepayers. Once the program is operational, applicable Poway ratepayers will be notified about how it can benefit them. 5 of35
November 2, 2021, Item #9The County of San Diego has a fully operational 2021 Emergency Rental Assistance Program (www.sdhcd.org). This program also helps eligible households who have been financially impacted by the COVID-19 pandemic by providing payment assistance on utilities (and rent) to qualifying individuals. To date, 23 Poway ratepayers have received a total of $26,986 in assistance to cover their water and wastewater bills. Timeline The following graphic shows the proposed four-year rate cycle as well as the current schedule for the potential three series of debt to fund the Water Program. Set Public Hearing: Sept. 7, 2021 Potential 2021 Debt Series: Nov. 10, 2021 Year 3 Rates Effective: Jan. 1, 2024 Environmental Review: Mail 218 Notice: By Sep. 18, 2021 Year 1 Rates Effective: Jan. 1, 2022 Potential 2024 Debt Series: Aug.2024 Consider Debt: Oct. 19, 2021 Year 2 Rates Effective: Jan. 1,2023 Year 4 Rates Effective: Jan. 1, 2025 Public Hearing: Nov. 2, 2021 Potential 2023 Debt Series: Mar. 2023 This project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15273(a): modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies. Fiscal Impact: Based on the information contained in this staff report, sufficient revenues to fund operations, investment in capital infrastructure, and appropriate reserve levels will be generated from the recommended water and wastewater revenue increases. Over the next four-year period, it is estimated approximately $23.3M in additional water revenues will be generated while approximately $3.3M in additional wastewater revenues will be generated if the proposed rates are adopted at the public hearing. Safe reliable water delivered on demand to an average residential ratepayer costs approximately one penny per gallon. Treating the average residential ratepayer's wastewater in a safe and reliable fashion costs approximately nine-tenths of one penny per gallon. [Remainder of page intentionally left blank] 6 of35
November 2, 2021, Item #9Public Notification: The California Constitution, Article XIIID, Section 6, states that local governments must hold a Majority-Protest Public Hearing and notify property owners at least 45 days in advance of the public hearing related to proposed water, recycled water, and wastewater rates. The notice (Attachment C) was mailed on September 15, 2021, at least 45 days prior to the public hearing. A Notice of Public Hearing was published in the Poway News Chieftain on October 14, 2021 and October 21, 2021. As of October 26, 2021, a total of 382 protests were filed with the City Clerk. Attachments: A. Resolution Establishing Water Service Charges and Rates B. Resolution Establishing Wastewater Service Charges and Rates C. Notice of Public Hearing D. September 7, 2021 Staff Report E. Summary of Protests Received Reviewed/ Approved By: ~~x~ W~Kaserman Assistant City Manager 7 of 35 Reviewed By: Alan Fenstermacher City Attorney City Manager
November 2, 2021, Item #9RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING WATER SERVICE CHARGES AND RATES PER SECTION 13.11.120 OF THE POWAY MUNICIPAL CODE WHEREAS, the City of Poway provides water services to residents of Poway; WHEREAS, the California Constitution Article XIII D §6(a)(2) requires local governments hold a majority-protest public hearing and notify rate payers not less than 45 days in advance of the public hearing before increasing water rates and charges; WHEREAS, the city is four-year water and recycled water rates and charges, effective January 1, 2022, January 1, 2023, January 1, 2024, and January 1, 2025; WHEREAS, the City Council of the City of Poway held a duly noticed public hearing on November 2, 2021, pursuant to the provisions of Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act; WHEREAS, the City Council received a final tabulation of all written protests received by the City Clerk at the November 2, 2021 Proposition 218 hearing; and WHEREAS, the City Council considered all written protests and heard oral arguments to the proposed rate structure changes and rates and charges at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: That the above recitations are true and correct; SECTION 2: The City Council hereby finds that no majority protest for the water and recycled rates and charges were received; SECTION 3: The City Council hereby establishes and approves the four-year rates and charges for water and recycled water, effective January 1, 2022, January 1, 2023, January 1, 2024, and January 1, 2025, as set forth in the Notice of Public Hearing (Attachment C), for all water used on or after January 1, 2022. Any water rates or fees associated with water service, including raw water, not addressed within the Notice of Public Hearing shall remain in full force and effect as previously adopted; SECTION 4. That the setting of such charges and rates is statutorily and categorically exempt from the requirements of CEQA, pursuant to Section 21080(b)(8) of the Public Resources Code, and Title 14 of the California Code of Regulations, Sections 15273(a) and 15307; SECTION 5. This Resolution shall take effect immediately. 8 of35 ATTACHMENT A
November 2, 2021, Item #9Resolution No. 21-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California at a regular meeting this 2nd day of November, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, City Clerk 9 of35
November 2, 2021, Item #9RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING SEWER SERVICE CHARGES AND RATES PER SECTION 13.03.010 OF THE POWAY MUNICIPAL CODE WHEREAS, the City of Poway provides sewer services to residents of Poway; WHEREAS, the California Constitution Article XIII D §6(a)(2) requires local governments hold a majority-protest public hearing and notify rate payers not less than 45 days in advance of the public hearing before increasing water rates and charges; WHEREAS, the city is proposing sewer rate structure modifications and four-year sewer rates and charges, effective January 1, 2022, January 1, 2023, January 1, 2024, and January 1, 2025; WHEREAS, the City Council of the City of Poway held a duly noticed public hearing on November 2, 2021, pursuant to the provisions of Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act; WHEREAS, the City Council received a final tabulation of all written protests received by the City Clerk at the November 2, 2021 Proposition 218 hearing; and WHEREAS, the City Council considered all written protests and heard oral arguments to the proposed rate structure changes and rates and charges at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: That the above recitations are true and correct; Section 2: The City Council hereby finds that no majority protest for the sewer rates and charges were received; Section 3: The City Council hereby establishes and approves the four-year rates and charges for sewer, effective January 1, 2022, January 1, 2023, January 1, 2024, and January 1, 2025, as set forth in the Notice of Public Hearing (Attachment C), for all wastewater generated on or after January 1, 2022. Any sewer rates or fees associated with sewer service not addressed within the Notice of Public Hearing shall remain in full force and effect as previously adopted; Section 4: Residential wastewater generation calculations take place once per year and will be based on the water use for the property. The residential wastewater generation amount is determined based on November through April water usage (winter water use) to help exclude water used on landscaping in the warmer months. The lowest water consumption during this period is selected for each of the three most recent years, and then averaged. Eighty-five percent of that averaged amount is estimated as wastewater generation. For newly constructed single-family residential properties with no winter water use history, the customer will be billed for 15 units of wastewater generation (the average residential generation calculated in the December 12, 2019 Water and Wastewater Cost of Service Study Report) until winter water use is established with one full billing cycle during the winter months of November through April. After 10 of 35 ATTACHMENT B
November 2, 2021, Item #9Resolution No. 21-Page 2 one year of winter water use is established, the customer will be billed based on the methodology above for existing residential properties. For single family properties that have both potable well water and municipal water, the customer will be billed based on the winter water use but no less than 15 units of wastewater generation. If any rate increases are proposed within 90 days of any residential wastewater generation calculations, the residential wastewater generation calculations will not occur until the new rates have been adopted; Section 5: That the setting of such charges and rates is statutorily and categorically exempt from the requirements of CEQA, pursuant to Section 21080(b)(8) of the Public Resources Code, and Title 14 of the California Code of Regulations, Sections 15273(a) and 15307; Section 6: This Resolution shall take effect immediately. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California at a regular meeting this 2nd day of November, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, City Clerk 11 of 35
November 2, 2021, Item #9The City is committed to providing the highest quality water and wastewater services at the lowest possible rates. To keep this commitment, the City regularly evaluates infrastructure needs, and operations and maintenance costs for the upcoming years. In compliance with Proposition 218, enclosed in this notice are the proposed rate adjustments for 2022 through 2025. The rate adjustments being considered will become effective January 1 of each year and reflected on bimonthly bill statements in March or April. NOTICE OF PUBLIC HEARING JL PROPOSED WATER AND WASTEWATER RATES ~~~ Tuesday, November 2, 2021 at 7 p.m. City Council Chambers I 13325 Civic Center Drive, Poway Your are invited to participate in person, by phone or online poway.org/councilmeetings On Tuesday, November 2, 2021 at 7 p.m. the Poway City Council will consider adopting proposed changes to water and wastewater charges. If adopted, the rate adjustments will become effective January 1 of each year and reflected on bimonthly bill statements in March or April. The City bills for water and wastewater service bimonthly (every two months) based on consumption during the two months prior to the billing date. All interested persons are invited to appear at the meeting to give oral or written testimony on the proposed rate adjustments. Rate protests must be submitted in writing ahead of the council meeting. Details on the written protest process is located on the back page of this notice. Why are you receiving this notice? The City of Poway is mailing this notice to you because you are a water and/or wastewater customer responsible for payment of water and/ or wastewater fees, or you are the owner of record for a property that receives water and/ or wastewater service. This notice describes proposed adjustments to water and wastewater rates, rate structure changes, and provides notice of the upcoming public hearing at which these proposed changes will be considered by the Poway City Council. For rates information and links to resources quoted in this notice, scan this QR code or visit poway.org/rates-fees. 12 of 35 ATTACHMENT C
November 2, 2021, Item #9Proposed Changes to Water and Wastewater Rates The City of Poway provides safe, reliable water on demand to its customers and purchases nearly 100 percent of its water from the San Diego County Water Authority (SDCWA). The cost to purchase and treat imported water continues to increase. The City proactively plans for increases in these costs, along with costs associated with operations, maintenance, and replacement of infrastructure along with maintaining appropriate reserves. To accommodate these increases, the City is proposing adjustments in potable water rates over the next four years. The City of Poway maintains a wastewater system that provides customers with wastewater collection and conveyance services to the San Diego Metropolitan Wastewater System (Metro) where the wastewater is treated at the Point Loma Wastewater Treatment Plant and then discharged into the ocean. The City proactively plans for increases in costs associated with operations, maintenance, and replacement of infrastructure along with maintaining appropriate reserves. The City also pays a percentage share of the operation, maintenance, and capital replacement costs of the Metro system. To accommodate these increases in costs, adjustments in wastewater rates over the next four years are being proposed. A four-year rate setting process strikes a balance between investor preferences and flexibility. A four-year period is long enough to increase investor confidence ( see "Debt Financing" for more details) while still short enough to allow rate changes if future projections are different than anticipated. How were rates determined? Changes to how Poway's water and wastewater rates are structured involve a deliberate series of steps to ensure rates remain affordable, fair, and equitable. First, future demands on our wa-ter and wastewater systems are projected, as well as water quality impacts, potential risks to system reliability, and anticipated chang-ing conditions to sustainability. Next, specific water and wastewa-ter infrastructure improvements are prioritized and incorporated into the framework. These proj-ects support near-and long-term needs, from regular system operations and maintenance to proactive investments to improve system quality, reliability, and sustainability. 17 Wastewater projects 26 Water projects Finally, a third-party rate consul-tant leads a cost of service study in partnership with City Council and staff. The study designs a legally compliant rate frame-work that recovers water and wastewater costs across different customer classes. These studies are typically updated every four to six years to ensure the rate design is still affordable, fair, and equitable. The most recent study was performed in December 2019 for rates effective during calendar year 2020. 0 For additional information on how your rates have been calculated, please refer to the staff report on September 7, 2021 titled "Set Public Hearing for Proposed Four-Year Water, Recycled Water, and Wastewater Rates." 13 of 35
November 2, 2021, Item #9CURRENT AND PROPOSED WATER RATES 5/8" 43.00 49.67 56.79 64.28 72.69 3/4" and 1" fire 58.13 67.15 76.78 86.90 98.27 1" 88.39 102.10 116.74 132.13 149.41 1 1 /2" 164.03 189.47 216.64 245.20 277.27 2" 254.80 294.30 336.51 380.87 430.67 3" 542.25 626.31 716.13 810.54 916.53 4" 965.85 1,115.57 1,275.55 1,443.72 1,632.50 6" 1,979.46 2,286.29 2,614.17 2,958.82 3,345.71 8" 3,643.63 4,208.40 4,811.93 5,446.33 6,158.49 Single Family Residential Tier 1: 1-20 Units 4.80 5.22 5.62 6.00 6.40 Tier 2: 21-56 Units 5.60 6.09 6.56 7.00 7.46 Tier 3: 57+ Units 7.79 8.47 9.12 9.73 10.37 Multi-family Residential 4.91 5.35 5.76 6.15 6.56 Landscape Irrigation 6.82 7.43 8.00 8.53 9.09 Non-residential 5.22 5.69 6.13 6.54 6.97 Recycled Water 4.25 4.63 4.99 5.33 5.68 City Potable Usage 5.22 5.69 6.13 6.54 6.97 Water Rate Notes: 1 unit= 748 gallons Consistent with Council direction during the prior rate-setting cycle, the fixed/variable ratio for water is being increased by approximately 1 % each year. This means the fixed charges will increase at an amount greater than the proposed revenue increase each year while the variable rates will increase at an amount less than the proposed revenue increases. Slowly increasing the fixed/variable ratio increases financial sustainability while helping minimize impacts to lower volume users. Any water rates or fees associated with water service, including raw water, not addressed within this notice shall remain in full force and effect as previously adopted by the Poway City Council. 14 of 35
November 2, 2021, Item #9CURRENT AND PROPOSED WASTEWATER RATES ~~~~~~~ CUSTOMER CLASS CURRENT 1/1/2022 1/1/2023 1/1/2024 1/1/2025 Residential Single Family 4.66 4.85 5.04 5.25 5.46 Residential Multi-family & Mobile 5.85 6.09 6.33 6.59 6.85 Home Non-Residential General Commercial 5.04 5.25 5.46 5.68 5.91 Medium-low 5.65 5.88 6.12 6.36 6.61 Medium 6.34 6.60 6.86 7.14 7.42 Medium-high 6.48 6.74 7.01 7.29 7.58 High 8.92 9.28 9.65 10.04 10.44 Light Industry 5.49 5.71 5.94 6.18 6.42 Industrial Special User 5.53 5.76 5.99 6.23 6.48 Government & Membership 4.14 4.31 4.48 4.66 4.85 Organizations Churches 5.04 5.25 5.46 5.68 5.91 Elementary School 5.11 5.32 5.53 5.75 5.98 (ADA) Secondary & High 5.06 5.27 5.48 5.70 5.93 School (ADA) Wastewater Rate Notes: Single family residential wastewater flow based on 85% of lowest winter water use averaged over the past three years. Multi-family and mobile home customers' wastewater flow is calculated based on 75% of bimonthly water use for accounts without a landscape meter and 85% of bimonthly water use for accounts with a landscape meter. Non-residential customers' wastewater flow is calculated based on 75%, 85% or 90% of bimonthly water use depending on customer class. Wastewater flow for schools is estimated based on the average flow per student per day using 75% or 85% of the water use from the March/April billing period. 15 of 35
November 2, 2021, Item #9WATER INFRASTRUCTURE IMPROVEMENTS With the goal of increasing the reliability of drinking water for water customers now and generations to come, the City of Poway is undertaking the largest capital improvement program (CIP) in the city's 40-year history. The CIP will include replacing the clearwell (water storage reservoir) at the water treatment plant and a new (SDCWA) treated water connection and re-dundant pipeline. In order to replace the clearwell, a temporary bypass project will include two 1.4 mil-lion-gallon tanks for storing treated water. These infrastructure improvement projects have been in the planning stage for a long time and are moving ahead as part of a mutually beneficial agreement between Poway and the State Division of Drinking Water. Construction on the clearwell bypass project will begin by early October. For more information: poway.org/water-projects. sdcounty.ca.gov/sdhcd 16 of 35 DEBT FINANCING The capital projects along with those described above are currently estimated to cost $63.2 million over the next five years, or slightly over $12.6 million per year (not including $13.7 million already included in the 2020-21 fiscal year). Based on the potential cost of these projects and the impact to current ratepayers, the City is exploring financing al-ternatives. Debt financing is a reasonable solution in that it provides the cash upfront to construct the projects while spreading the repayments out over a longer time horizon. This helps create intergenerational equity by aligning the water CIP costs to the people who benefit from the project. When debit is issued, current ratepayers would not be responsi-ble for fully funding projects today that will have a useful life beyond 30 years. The City is planning for a series of water bond issuances to fund the Water Infrastructure Improvement Program commencing in Fall 2021. The proposed four-year rate increases give investors assurances the City will have a sufficient revenue stream to pay the annual debt service which helps to lower the cost of debt and the impacts to ratepay-ers. While this debt financing plan helps ensure the City has a solution in place to fund the program, City staff is also committed to pursuing every available grant opportunity these projects may be eligible for.
November 2, 2021, Item #9PO Box 789 Poway, California 9207 4-0789 www.poway.org DATED MATERIAL -DO NOT DELAY DELIVERY Important information about your WATER and WASTEWATER account! Proposed Rate Change Protests As part of the rate setting process, on November 2, 2021, the City of Poway will conduct a public hearing on the proposed changes to water and wastewater rates and will consider all oral and written protests to the proposed changes. Oral comments at the public hearing will not qualify as formal protests unless accompanied by a written protest. Only one written protest will be counted per identified parcel. While email is not an official rate protest mechanism under California law, the City Council values resident input and will read all email correspondence regarding rates. Written protests must include: • A description of the property, such as the address or assessor's parcel number; and • The name and signature of the customer submitting the protest. The City Council will receive a final tabulation of all written protests received by the City Clerk. Written protests must be received by the City Clerk's office no later than 12 p.m. November 2, 2021 or can be submitted in writing in the Council Chambers before the public hearing is closed. If a majority of the affected customers do not file written protests of the proposed rate changes, the Council will then consider and may adopt the rate changes described in this notice. If a majority of affected customers file written protests, the City Council will not adopt the proposed rate adjustments and the City will reconsider the rate structure and rates. Please send written protests to: City Clerk of the City of Poway PO Box 789 Poway, CA 9207 4-0789 If you have any questions regarding this notice, please call (858) 668-4409. 17 of 35
November 2, 2021, Item #9DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CiyofPoway September 7, 2021 Honorable Mayor and Members of the City Council Aaron Beanan, Director of Finance ~ Aaron Beanan, Director of Finance (858) 668-4411 or abeanan@poway.org CITY COUNCIL Set Public Hearing for Proposed Four-Year Water, Recycled Water, and Wastewater Rates The City previously adopted new rate structures and two-year rate increases for water, recycled water, and wastewater rates on March 3, 2020 that were effective for calendar years 2020 and 2021. After a review of water, recycled water, and wastewater projections, new rate increases are needed to ensure the financial sustainability of the enterprise systems. This staff report recommends setting the public hearing date on November 2, 2021 for proposed four-year rate increases for water, recycled water, and wastewater rates. The focus of this staff report will be the drivers of the proposed rate increases. Recommended Action: It is recommended that the City Council direct staff to set the public hearing for November 2, 2021 and proceed with the Proposition 218 process which includes mailing the notice of public hearing to ratepayers (Attachment A) pursuant to California law. Discussion: On March 3, 2020, the City adopted new rate structures and two-year rate increases for water, recycled water, and wastewater rates that were effective for calendar years 2020 and 2021. After a review of water, recycled water, and wastewater projections, new rate increases are needed to ensure the financial sustainability of the enterprise system. This staff report will focus on what is driving the proposed four-year rate increases. Proposed Water Rates Four-year revenue increases of 10% in January 2022, 9% in January 2023, 8% in January 2024, and 8% in January 2025 are being proposed for water to cover the increasing costs of providing safe, reliable water on demand to ratepayers. The increases are necessary to fund the costs of imported water, capital expenses, operational expenses, and appropriate reserve levels. Staff will discuss the rate drivers and reasons behind the proposed four-year increases, instead of proposed two-year increases, below. 1 of 18 18 of 35 ATTACHMENT D September 7, 2021, Item #6
November 2, 2021, Item #9Imported Water: One of the largest factors driving the proposed revenue increases is imported water costs. San Diego County has a semi-arid climate. Before 1947, the San Diego region relied on rainfall and groundwater to meets its water needs (San Diego County Water Authority "SDCWA", Urban Water Management Plan 2010). As the economy and population grew, local water resources became insufficient to meet the region's water supply needs and required imported water from hundreds of miles away to support the growth. Much of the region's water is imported from northern California near San Francisco and Sacramento (i.e. the Bay-Delta). Importing water is very energy intensive. Over time, the cost to transport this water increases as factors like energy prices increase. Investment by SDCWA into regional water supply and infrastructure projects to reduce reliance on imported water and mitigate the effects of natural disasters, such as earthquakes, is also expensive. For example, SDCWA's investment into the Claude "Bud" Lewis Desalination Plant cost close to $1 B, but it gave the region a new drought-proof, locally controlled supply of water. Imported water represents almost 60% of water operating costs. When imported water costs increase, this impacts City of Poway water rates. The average SDCWA rate and charge increase to the City is 6.87% for calendar year 2022. SDCWA used reserves to temper this increase, otherwise it would have been greater. Their rate increase was driven by an average rate and charge increase of 8.16% from the Metropolitan Water District (MWD), one of SDCWA water suppliers, and the Quantification Settlement Agreement (QSA) increase of 4.1 %. The QSA is a long-term water supply reliability project that secured a major water supply source for San Diego County through the Imperial Irrigation District water transfer. While imported water costs continue to increase, the settlement payment from SDCWA's lawsuit with MWD should provide long-term benefits to member agencies in the San Diego County region. In THE MWD SETTLEMENT PROVIDES AN ESTIMATED $20 BIMONTHLY BENEFIT TO THE AVERAGE RESIDENTIAL CUSTOMER. February 2021 the SDCWA Board of Directors announced the distribution of $44.4 million to its 24 member agencies after receiving the settlement payment from MWD lawsuit. The settlement was the result of SDCWA's decade-long rate case litigation seeking to compel MWD to set legal rates and repay overcharges. SDCWA won several issues it was litigating, which will help avoid future overcharges. According to SDCWA, those charges, had they continued, would have cost San Diego County residents over $500 million over the life of the SDCWA water delivery contract with MWD. Poway's share of this settlement was $1,167,915. To understand the positive impact this has on the average residential customer, the potential rate increase needed with and without the MWD settlement was analyzed. This was done by looking at the projected ending position for FY 2021-22 with the MWD settlement and then increasing rates until the same projected ending position was achieved without the MWD settlement. If the City did not receive the MWD settlement, an 18% increase would have been needed, or 8% more than the current proposed rate increase, for calendar year 2022. The $1,167,915 settlement translates to roughly $20 in bimonthly savings for the average residential customer who has a¾" meter and uses 37 units of water bimonthly. Water Capital Improvement Program: The other primary proposed rate increase driver is the City's capital projects. The City of Poway's water system includes over $64M in infrastructure necessary to provide associated services. This 2 of 18 19 of 35 September 7, 2021, Item #6
November 2, 2021, Item #9infrastructure includes water assets to transport water from the SDCWA's system to the City's system, assets to treat the water to safe drinking levels, and assets to deliver safe, reliable water on demand to each ratepayer's property. The following are some facts about the water system: • 294 miles of transmission and distribution pipelines • 5,044 water valves, 21 pressure reducing stations and 14 pump stations (designed to raise water to higher elevations) • 19 reservoirs (Lake Poway holds -one billion gallons of water) • One 24 million gallon/day water treatment plant • 2,435 fire hydrants • Approximately 45,000 tests are performed annually to ensure Poway water meets or exceeds the State and Federal standards for water quality The capital projects are currently proposed to cost approximately $63.2M ($56.7M related to the Water Program) over the next 5 years, or slightly more than $12.6M per year on average, not including the $13.7M ($12M related to the Water Program; $0.8M was incurred prior) in FY 20-21 projects. Historically the City has rate-funded its water capital projects. Rate-funded capital projects are paid for via rates or reserves, not debt. However, as previously discussed at the City Council Meetings on March 18, 2020, June 16, 2020, October 20, 2020, November 17, 2020, March 16, 2021, April 20, 2021, June 1, 2021,July 20, 2021, and August 17, 2021, to improve the reliability, redundancy and resiliency of Poway's water system, the City is embarking on a significant Water Infrastructure Improvement Program (Water Program). The Water Program is comprised of the Clearwell Bypass, the Clearwell Replacement, and the SDCWA Treated Water Connection projects. Preliminary work on these projects has already begun with the completion estimated in FY 2025-26, or roughly 5 years from now. The total cost of this program is anticipated to cost $69.SM. As discussed in the November 17, 2020 staff report, there are several approaches to financing these projects. For example, they can be financed using a pay-go approach (using cash on hand and yearly rate increases to provide the necessary cash flow). They can also be debt or grant funded or a combination of all three. As staff had indicated in that report, comparing cash on hand to the estimated cost of the projects helps determine which funding option may be most appropriate. When cash on hand exceeds the estimated cost of the proposed project, there is a strong argument for pay-go financing. When the estimated cost of the THE LARGEST WATER RATE DRIVERS INCLUDE IMPORTED WATER COSTS AND CAPITAL PROJECTS. proposed capital projects exceed cash on hand, there is a strong argument for debt financing. As detailed above, current cost estimates for the Water Program are $69.5 million, which exceed the current cash on hand (approximately $11 million on hand in the Water Operations Fund as of June 30, 2020). Another factor to consider when specifically looking at capital projects financed by water ratepayers is how pay-go financing impacts the annual water rates. Water rates could be increased over the next three to five years to finance the program. However, based on the estimated cost of the Water Program the annual increases to ratepayers would likely be so large that it would be financially unfeasible for many ratepayers. This would create an undue burden on ratepayers and impact the sustainability of the water enterprise. To raise $69.SM over the next 5 years, the City would need to substantially increase rates to fund these projects. The assumptions used to estimate the required rate increases included the cashflow timing, leaving at least $2M in reserves for emergencies (well below the target reserve of 120 days of 3 of 18 20 of 35 September 7, 2021, Item #6
November 2, 2021, Item #9operating expenditures, or approximately $1 OM), and returning reserves to targeted levels by FY 2025-26. Based on these assumptions, four-year revenue increases of 45% in January 2022, 15% in January 2023, 10% in January 2024, and 10% in January 2025 would be needed. Since the rate increases were being used to fund one-time projects, a 25% decrease in rates would need to occur in January 2026 to ensure funds were not being over-collected from ratepayers at the completion of the projects. The following table shows the estimated bimonthly impacts to the average residential customer by year. Table 1a: Estimated Pay-Go Residential Impacts (Not Recommended} Pay-Go Funding Option Existing Jan. 2022 Jan.2023 Jan. 2024 Jan. 2025 Revenue Increase(%) N/A 45% 15% 10% 10% Estimated Water Bill1 $249.33 $362.62 $418.38 $461.73 $509.45 Impact($) N/A $113.29 $55.76 $43.35 $47.72 1. Assumes the average residential customer has a¾" meter and uses 37 units of water bimonthly. As the table shows, the average residential customer would be paying over $260 more per bimonthly billing period for water in January 2025. The following table shows the estimated bimonthly impacts to the average non-residential customer by year. Table 1 b: Estimated Pay-Go Non-Residential Impacts (Not Recommended} Pay-Go Funding Option Existing Jan.2022 Jan. 2023 Jan. 2024 Jan. 2025 Revenue Increase(%) N/A 45% 15% 10% 10% Estimated Water Bill1 $860.95 $1,588.90 $1,814.91 $1,982.96 $2,165.11 Impact($) N/A $727.95 $226.01 $168.05 $182.15 1. Assumes the average non-residential customer has a 1" meter and uses 148 units of water bimonthly. As the table shows, the average non-residential customer would be paying over $1,304 more per bimonthly billing period for water in January 2025. These short-term rate spikes would put significant burden on residents and businesses impacting their ability to pay and the sustainability of the water enterprise. Additionally, current ratepayers, instead of all ratepayers who will be benefiting from them, would be completely funding improvements that are expected to last upwards of 50 years. Proposed Water Revenue Bond Issuance: Based on the potential cost of the Water Program and the impact to ratepayers under a pay-go approach as described above, debt financing is a reasonable solution. Debt financing provides the cash upfront to construct the projects while spreading the repayments out over a longer time horizon. This helps create intergenerational equity by aligning the Water Program costs to the people who benefit from the projects. When debt is issued, current ratepayers would not be responsible for fully funding projects today that will have a useful life beyond 30 years. In order to understand how issuing debt for the Water Program could impact rates, Fieldman Rolapp & Associates, Inc. ("Fieldman"), the City's municipal advisor, put together three projected debt issuances to provide financing for the Water Program. These were also reviewed by the City's underwriter, Stifel, Nicolaus & Company, Inc. ("Stifel"), to ensure consistency with their view of current market conditions. Three series of debt are proposed to match the potential debt issuances to the cash flow timing of the projects. The three phases would include a 2021, 2023, and 2024 series of debt to generate $14.8M, $30.3M, and $24.5M respectively. Market conditions were projected out for each of the three series and include buffers, similar to the contingency used for construction projects, to 4 of 18 21 of 35 September 7, 2021, Item #6
November 2, 2021, Item #9allow for adverse market changes (e.g. rising interest rates over time). For example, Series 2021 includes a 25 basis point ("BP", 100 BPs = 1 %) buffer, the Series 2023 include a 75 BP buffer, and the Series 2024 include a 125 BP buffer over August 20, 2021 market rates. The projected annual debt service for the three series of debt would total approximately $3.8M. Given the timing of the proposed issuances to accommodate the cash flow needs of the Water Program, staff is recommending four-year rate increases this rate setting cycle. This will give investors assurances that the City will have a sufficient revenue stream to pay the annual debt service. The longer the term of an approved rate increase, the more comfortable investors are debt service will be paid. This generally translates to a lower total cost of debt as they are more willing to accept a lower interest rate given the perceived risk of the deal is lower. Staff believes a four-year rate increase strikes a good balance between investor DEBT FINANCING MINIMIZES NEAR-TERM IMPACTS TO RATEPAYERS AND CREATES INTERGENERATIONAL EQUITY. preferences and flexibility. The four-year period is long enough to increase investor confidence while still short enough to allow rate changes if future projections are different than anticipated. As part of a revenue bond issuance, the City will also seek a credit rating for the water enterprise. A high credit rating can also positively impact the cost of debt. In general, the higher the underlying credit rating the lower the cost of debt, all else being equal. The longer four-year rate increase cycle gives rating agencies the assurances the water enterprise can meet its anticipated obligations over the near-term. This in turn would help strengthen the credit of the water enterprise helping promote a lower cost of debt. The proposed revenue increases of 10%, 9%, 8%, and 8% over the next four years include estimates to finance the $69.SM Water Program estimate using water revenue bonds. The following table shows the estimated bimonthly impacts of the proposed increases to the average residential customer by year. a e a: s Imate T bl 2 E t· es, en Ia d R "d t· 11 mpacts o fW t P a er rogram e t un mg D b F d" (R d d) ecommen e ■11.1:.ao,--■•• I •••~IHHII : • • ... , , ..... ._ Revenue Increase(%) NIA 10% 9% 8% 8% Estimated Water Bill1 $249.33 $275.08 $300.70 $325.90 $353.09 Impact($) NIA $25.75 $25.62 $25.20 $27.18 1. Assumes the average residential customer has a¾" meter and uses 37 units of water bimonthly. As the table shows, the average residential customer would be paying over $103 more per bimonthly billing period for water in January 2025. However, this is approximately $157 less than what they would be paying if the City pursued a pay-go financing approach for the Water Program as shown in Table 1 a. The following table shows the estimated bimonthly impacts of the proposed increases to the average non-residential customer by year. Table 2b: Estimated Non-Residential Impacts of Water Program Debt Funding (Recommended) Debt Funding Option Existing Jan.2022 Jan.2023 Jan. 2024 Jan. 2025 Revenue Increase(%) NIA 10% 9% 8% 8% Estimated Water Bill1 $860.95 $1,204.98 $1,304.34 $1,399.29 $1,500.01 Impact($) NIA $344.03 $99.36 $94.95 $100.72 1. Assumes the average non-residential customer has a 1" meter and uses 148 units of water bimonthly. 5 of 18 22 of 35 September 7, 2021, Item #6
November 2, 2021, Item #9As the table shows, the average non-residential customer would be paying over $639 more per bimonthly billing period for water in January 2025. However, this is approximately $665 less than what they would be paying if the City pursued a pay-go financing approach for the Water Program as shown in Table 1 b. This rate increase structure helps smooth the rate increases to current ratepayers which helps reduce the burden on residents and businesses and increases the sustainability of the water enterprise. Additionally, the payment for the improvements is more closely aligned to the ratepayers benefiting from the improvements as they are expected to last upwards of 50 years. This promotes intergenerational equity. As discussed above, the debt estimates include projections for future market conditions to allow for adverse market movements. If the market is more favorable when debt is issued, it lowers the cost of debt and the annual revenue needed to support the annual debt service payments. Additionally, the City is scheduled to receive a $1 M grant from Congressman Scott Peters office for use towards the Clearwell Bypass portion of the Water Program. The City should receive official word on whether it will THE PROPOSED RATES ARE MAXIMUMS. THEY CAN BE ADMINISTRATIVELY REDUCED BASED ON ACTUAL NEED. be awarded this grant later this year. City staff is committed to pursuing every available grant opportunity these projects may be eligible for. Additionally, the $1 trillion Federal Infrastructure Bill approved by the Senate on August 10, 2021, if passed by the House and signed by the President, could also impact the necessity of future debt issuances. Each of these can decrease the proposed revenue increases over the four-year rate setting cycle. For example, if debt issuance costs are lower than anticipated, less revenue is needed to ensure the City's ability to pay the annual debt service. If the grant is received or the City receives money from an adopted Infrastructure Bill it would help reduce the amount of debt issuance anticipated in turn reducing the required rate increase. Pursuant to the California Constitution, rates cannot be increased beyond the rates established upon the conclusion of the Public Hearing without proceeding through the Proposition 218 process again. However, rates can be administratively reduced at a staff level if the adopted rates increases are too high. Staff will analyze the necessity of the proposed rates, if adopted, each year to ensure ratepayers are not being charged more than necessary. The proposed rate increases ensure the Water Enterprise has the solutions in place to ensure financing for the Water Program but do not preclude the pursuit of other financing options as the Water Program projects progress over the next several years. Looking at potential rate increases without the Water Program helps people understand the impact of the Water Program on the proposed rate increases. If the Water Program did not exist, increases of 7%, 7%, 7%, and 5% as shown in the following table would be necessary to fund the costs of imported water, capital expenses, operational expenses, and appropriate reserve levels. The table also shows the estimated bimonthly impacts of the proposed increases to the average residential customer by year. Table 3a: Estimated Residential Impacts Without Water Program Without Water Program Existing Jan.2022 Jan.2023 Jan. 2024 Jan. 2025 Revenue Increase (%) NIA 7% 7% 7% 5% Estimated Water Bill1 $249.33 $267.72 $287.30 $308.51 $324.96 Impact($) N/A $18.39 $19.58 $21.22 $16.45 1. Assumes the average residential customer has a¾" meter and uses 37 units of water bimonthly. As the table shows, the average residential customer would be paying over $75 more per bimonthly billing period for water in January 2025. However, this is approximately $185 less than what they 6 of 18 23 of 35 September 7, 2021, Item #6
November 2, 2021, Item #9would be paying if the City pursued a pay-go financing approach for the Water Program as shown in Table 1 a or approximately $28 less than if the City pursued a debt financing option as shown in Table 2a. The following table shows the estimated bimonthly impacts of the proposed increases to the average non-residential customer by year. Table 3b: Estimated Non-Residential Impacts Without Water Program Debt Funding Option Existing Jan.2022 Jan. 2023 Jan. 2024 Jan. 2025 Revenue Increase(%) N/A 7% 7% 7% 5% Estimated Water Bill1 $860.95 $1,173.39 $1,246.83 $1,325.52 $1,382.05 Impact($) N/A $312.44 $73.44 $78.69 $56.54 1. Assumes the average non-residential customer has a 1" meter and uses 148 units of water bimonthly. As the table shows, the average non-residential customer would be paying over $521 more per bimonthly billing period for water in January 2025. However, this is approximately $783 less than what they would be paying if the City pursued a pay-go financing approach for the Water Program as shown in Table 1 b or approximately $118 less than if the City pursued a debt financing option as shown in Table 2b. Therefore, pursuing the $69.5M Water Program to improve the reliability, redundancy and resiliency of Poway's water system costs the average residential customer approximately $28 more per bimonthly billing period in January 2025 and the average non-residential customer approximately $118 more per bimonthly billing period. Given the benefits afforded by debt financing the Water Program, staff believes this is the least impactful and most equitable approach to funding the Water Program. Staff will return to Council for their consideration of a 2021 series debt issuance on October 19, 2021. IMPORTANT This recommendation does not obligate the Council to issue debt and does not authorize the issuance of debt. By law, Council must approve the issuance of debt. Staff will return to Council for their consideration of any debt issuances related to the Water Program. Proposed Fixed/Variable Ratio Adjustment: Over the course of the workshops leading up to the March 3, 2020 Public Hearing (October 15, 2019 and November 19, 2019) for the current rates, staff discussed the importance of the fixed/variable ratio. The fixed/variable ratio reflects the amount of revenue collected between fixed charges which are not dependent on water usage and volumetric, or variable, charges which are dependent on water usage. This ratio is important for understanding the level of revenue stability. The more revenue is collected via a fixed charge, the less likely the water system will be impacted by changes in ratepayer usage. For example, the more INCREASING THE FIXEDNARIABLE RATIO SLOWLY BALANCES SUSTAINABILITY WITH RATEPAYER IMPACTS. revenue that is collected via fixed charges, the less likely a water system will be to increase rates in times of conservation as less of its revenue is affected by decreased demand, all else being equal. Under the prior rate structure, the fixed/variable ratio was 16/84%. At the Public Hearing on March 3, 2020 a fixed/variable ratio of 20/80% was approved to start increasing the amount of revenue 7 of 18 24 of 35 September 7, 2021, Item #6
November 2, 2021, Item #9collected via fixed charges. A higher ratio was not selected at that time due to the potential impacts on lower volume users though discussions were had discussing the importance of slowly raising this ratio over time. As such, Council directed staff to slowly increase the fixed/variable ratio with each subsequent rate setting process. The proposed four-year water rate structure includes small adjustments to the ratio each year. The following table shows the changes to the fixed/variable ratio over the proposed four-year rates. Table 4: Estimated FixedNariable Ratio (Recommended) Existing Jan.2022 Jan. 2023 Jan. 2024 Jan. 2025 Proposed Revenue Increase(%) NIA 10% 9% 8% 8% Fixed Charge(% of total revenue) 19.22%1 20.16% 21.21% 22.28% 23.39% Variable Rate(% of total revenue) 80.78% 79.84% 78.79% 77.72% 76.61% 1. The currently approved fixed/variable ratio is 20/80%. However, the actual ratio is impacted based on things like water sales. The actual ratio will always be slightly different than the projected ratio. As the table shows, the fixed charges are being increased each year to a level such that the fixed portion of the fixed/variable ratio increases by approximately 1 % each year. This means the fixed charges will increase at an amount greater than the proposed revenue increase each year while the variable rates will increase at an amount less than the proposed revenue increases. For example, the bimonthly fixed charge for a ¾" meter is currently $58.13. In January 2022 it is proposed to increase to $67.15, or by $9.02 (15.5%) bimonthly. If the fixed charge were increased solely by the proposed revenue increase, it would increase to $63.95 in January 2022, or $5.82 (10%) bimonthly. The additional $3.02 bimonthly in this example for a¾" meter is what helps increase the revenue collected from fixed charges by approximately 1 % each year. To help ensure revenue is not over-collected, the variable rates are increased at a lower rate. For the variable rates, a 10% increase would increase the current Tier 1 residential rate from $4.80/unit to $5.28/unit. Instead, the Tier 1 residential rate is only increased to $5.22/unit, or 8.75%. At the end of the proposed four-year rate cycle, the fixed/variable ratio will be approximately 23%177%, or roughly 4% more than they are today. The following two tables provide more detailed information on the estimated residential impacts of adjusting the fixed/variable ratio. Table 4a: Estimated Impacts of Keeping the Existing Fixed/Variable Ratio Jan. 2022 Increase from Increase from Existing (Same F/V Ratio) Existing($) Existing(%) FixedNariable Ratio 19.22/80.78% 19.22/80.78% Fixed Charge $58.13 $63.95 $5.82 10% Variable Charges $191.20 210.32 $19.20 10% Total Estimated Bill1 $249.33 274.27 $24.94 10% 1. Assumes the average residential customer has a¾" meter and uses 37 units of water bimonthly. Table 4b: Estimated Impacts of Increasing the Existing FixedNariable Ratio Jan.2022 Increase from Increase from Existing (Increased FN Ratio) Existing($) Existing(%) FixedNariable Ratio 19.22/80.78% 20.16179.84% Fixed Charge $58.13 $67.15 $9.02 15.5% Variable Charges $191.20 $207.93 $16.73 8.75% Total Estimated Bill1 $249.33 $275.082 $25.75 10.3%3 2. Assumes the average residential customer has a¾" meter and uses 37 units of water bimonthly. 3. Matches Table 2a estimated residential impacts for January 2022. 4. Total percentage change slightly higher than 10% due to rounding. 8 of 18 September 7, 2021, Item #6 25 of 35
November 2, 2021, Item #9Proposed Wastewater Rates Four-year rate increases of 4.0% in January 2022, 2023, 2024, and 2025 are being proposed for wastewater to cover the increasing costs of providing safe, reliable wastewater services to ratepayers. The increases are necessary to fund the costs of wastewater treatment, capital expenses, and operational expenses. These proposed rate increases reflect the use of reserves to temper the impacts to ratepayers. Funds to cover Poway's estimated share of the San Diego Pure Water project were set aside as part of a strategic financial management decision to help mitigate the impacts to ratepayers and is more fully discussed below. Wastewater Treatment: The most significant rate driver for the proposed revenue increases is wastewater treatment costs. Wastewater treatment represents almost 43 percent of all operating expenses. When wastewater treatment costs increase, this impacts City of Poway wastewater rates. The largest factor increasing wastewater treatment costs is the San Diego Pure Water project. San Diego's Pure Water project is a THE LARGEST WASTEWATER RATE DRIVERS INCLUDE WATER TREATMENT COSTS AND CAPITAL PROJECTS. multi-year project that is projected to supply one-third of San Diego's water supply locally by 2035. Based on projections from May 2020, Poway's estimated share of the project is over $4 million annually for the next five years. However, several years ago staff began incorporating these costs into rates as part of a long-range financial management strategy to mitigate the impacts of this project to ratepayers. Funds collected have been set aside in reserves. As such, a combination of reserve drawdowns and rate increases will be used over the coming years to temper the impacts to ratepayers. Additionally, a wastewater treatment plant is designed to treat certain types of waste. As people dispose of pharmaceuticals, food waste, cooking oil, industrial chemicals, etc. down the wastewater system, the treatment process gets extended which increases costs. Wastewater Capital Improvement Program: The next largest factor driving the proposed revenue increases is rate-funded capital improvement projects. Rate-funded capital is paid for via rates or reserves; no debt is currently used to fund capital projects. The City of Poway's wastewater system includes over $36 million in infrastructure necessary to provide associated services. Rate funded capital is also being proactively invested in the rehabilitation and repair of the wastewater infrastructure to ensure Poway continues to provide safe, reliable, and affordable wastewater services. Wastewater infrastructure includes infrastructure to transport wastewater from the city to various treatment plants within the County of San Diego in a safe and reliable manner including over 186 miles of wastewater pipes, five lift stations (designed to raise wastewater material to a higher elevation), and over 4,000 maintenance covers. Rate-funded capital is currently proposed at approximately $5.7 million over the next five years, or slightly more than $1 million per year on average. Table 4 shows the estimated bimonthly impacts of the proposed four-year increases to the average residential customer by year. 9 of 18 26 of 35 [Remainder of page intentionally left blank] September 7, 2021, Item #6
November 2, 2021, Item #9Table 4: Estimated Residential Impacts (Recommended) Proposed Increases Existing Jan.2022 Jan. 2023 Jan.2024 Jan. 2025 Rate Increase(%) NIA 4% 4% 4% 4% Estimated Water Bill1 $98.21 $102.20 $106.23 $110.60 $115.03 Impact($) NIA $3.99 $4.03 $4.37 $4.43 1. Assumes the average residential customer has 15 units of winter wastewater flow bimonthly. As the table shows, the average residential customer would be paying over $16 more per bimonthly billing period for wastewater in January 2025. Given the number of non-residential wastewater categories the impacts were not analyzed as an average grouping is less obvious on the wastewater side. Community Outreach To help the community understand the impacts of the proposed four-year rate increases, staff updated the residential bill estimator tool (https://poway.org/175/Rates-Fees). This will help evaluate how the proposed increases impact their specific usage patterns. This tool, as well as information specifically about the majority-protest public hearing, and proposed rates, was posted to the homepage of the City's website and the Water and Sewer Services section of the Finance Department webpage. This information was also actively communicated to the public via the City's Nextdoor public agency account, its City of Poway Facebook page, its City of Poway Twitter account, and the Poway Today e-newsletter. Utility Assistance Programs The COVID-19 pandemic has impacted people throughout the country. A variety of policies and programs have been put in place to aid those impacted by the pandemic. For example, the State of California declared through Executive Order No. N-42-20 issued on April 2, 2020 that residential customers and certain business customers could not have service discontinued or be shut-off for utility non-payment. Based on the City's normal policies, a total of 2,007 accounts could have been tagged due to non-payment. Tagging is the precursor to discontinuing service. The tags would have created additional fees for ratepayers. Since the City was not discontinuing service it would not be tagging ratepayers. The savings to ratepayers for these fees cannot be reasonably estimated due to several factors leading to the tag fee charged. The City went beyond the State's prescription and extended the shut off moratorium to all Poway ratepayers. Another example of the City going beyond the State's policy is the waiver of late fees. The City has been waiving late fees since the beginning of the pandemic even though it has not been required by the State. The City has waived 7,747 late fees totaling over $232k between March 18, 2020 and June 30, 2021. Late fees were resumed on July 1 consistent with the timing of the State's reopening plan. Given a full economic recovery will take time and there are still customers that are experiencing financial uncertainty, there are several programs to help provide assistance. The State of California is currently putting together a California Water and Wastewater Arrearage Payment Program based on the $985M received from federal funding. This funding will help cover water debt from residential and commercial customers accrued between March 4, 2020 and June 15, 2021. If the program still has funding available, it will extend to wastewater residential and commercial arrearages as well. While this program is not fully operational yet, it is anticipated to provide relief to Poway ratepayers. Once the program is operational, applicable Poway ratepayers will be notified about how it can benefit them. 10 of 18 27 of 35 September 7, 2021, Item #6
November 2, 2021, Item #9The County of San Diego has a fully operational 2021 Emergency Rental Assistance Program (www.sdhcd.org). This program also helps eligible households who have been financially impacted by the COVID-19 pandemic by providing payment assistance on utilities (and rent) to qualifying individuals. To date, 20 Poway ratepayers have received a total of $25,663 in assistance to cover their water and wastewater bills. Timeline The following graphic shows the proposed four-year rate cycle as well as the current schedule for the potential three series of debt to fund the Water Program. Set Public Hearing: Sept. 7, 2021 Potential 2021 Debt Series· Nov. 10, 2021 Vear 3 Rates Effective: Jan. 1, 2024 Environmental Review: Mail 218 Notice: By Sep. 18, 2021 Vear 1 Rates Effective: Jan. 1, 2022 Potential 2024 Debt Series: Aug.2024 Consider Debt: Oct. 19, 2021 Vear 2 Rates Effective: Jan. 1, 2023 Year 4 Rates Effective: Jan. 1, 2025 Public Hearing Nov. 2, 2021 Potential 2023 Debt Series: Mar. 2023 This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: There is no direct fiscal impact associated with this staff report because it only sets the public hearing. However, based on the information contained in this staff report, sufficient revenues to fund operations, investment in capital infrastructure, and appropriate reserve levels will be generated from the recommended water and wastewater revenue increases. Over the next four-year period, it is estimated approximately $23.3M in additional water revenues will be generated while approximately $3.3M in additional wastewater revenues will be generated if the proposed rates are adopted at the public hearing. Safe reliable water delivered on demand to an average residential ratepayer costs approximately one penny per gallon. Treating the average residential ratepayer's wastewater in a safe and reliable fashion costs approximately nine-tenths of one penny per gallon. 11 of 18 28 of 35 [Remainder of page intentionally left blank] September 7, 2021, Item #6
November 2, 2021, Item #9Public Notification: The California Constitution, Article XIIID, Section 6, states that local governments must hold a Majority-Protest Public Hearing and notify property owners at least 45 days in advance of the public hearing related to proposed water, recycled water, and wastewater rates. The notice (Attachment A) will be mailed at least 45 days prior to the public hearing, or on or before September 18, 2021. The public hearing will take place as follows: Attachments: Tuesday, November 2, 2021 at 7:00 p.m. City of Poway City Hall 13325 Civic Center Drive Poway, CA 92064 A. Notice of Public Hearing Reviewed/ Approved By: WenKaserman Assistant City Manager 12 of 18 29 of 35 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chris Hazeltine City Manager September 7, 2021, Item #6
November 2, 2021, Item #930 of 35ATTACHMENT ADate Count Received Last Name 1 9/22/2021 Swanson 2 9/23/2021 Barger 3 9/23/2021 Boyce 4 9/23/2021 Rice 5 9/23/2021 Wurtz 6 9/23/2021 Woll 7 9/23/2021 Delaney 8 9/23/2021 Patel 9/23/2021 Patel 9 9/23/2021 Rumrill 10 9/23/2021 Hoadley 11 9/23/2021 Martin 12 9/23/2021 Parkinson 13 9/23/2021 Roddy 14 9/23/2021 Kohler/Heath 15 9/23/2021 Wilson 16 9/23/2021 Teplitz 17 9/24/2021 St. Martin 18 9/24/2021 Lawless/Miyazaki 19 9/24/2021 Graham 20 9/24/2021 Robertson 21 9/24/2021 Accordino/Holyk 22 9/24/2021 Poole 23 9/24/2021 Rosenberg 24 9/24/2021 Armstrong 9/24/2021 Friedman 25 9/24/2021 Bryant 26 9/24/2021 Fett/Owen 27 9/24/2021 Skeen 28 9/24/2021 lgarta 29 9/24/2021 Poota 30 9/24/2021 Gornbein 31 9/24/2021 Kozlowski 32 9/24/2021 Griffin 33 9/24/2021 Rowean 34 9/24/2021 Edstrom 35 9/24/2021 Sahagian 36 9/24/2021 Ching 37 9/27/2021 Dennis 38 9/27/2021 Carruthers 39 9/27/2021 Fort 40 9/27/2021 Allison 41 9/27/2021 Belasco 42 9/27/2021 Still 43 9/27/2021 Carter 44 9/27/2021 Hock 45 9/27/2021 Benham 46 9/27/2021 Murphy 47 9/27/2021 Hessler 48 9/27/2021 Childs 49 9/27/2021 Gutschow 50 9/27/2021 Ryan 51 9/27/2021 De Blasio 52 9/27/2021 De Blasio 53 9/27/2021 Brooks 54 9/27/2021 Czerwinski 55 9/27/2021 von Brendel 56 9/27/2021 Middleberg/Du 57 9/28/2021 Miller 58 9/28/2021 Duddy 59 9/28/2021 Quaglietta 60 9/28/2021 Casad 61 9/28/2021 Velazquez 62 9/28/2021 McCormack 63 9/28/2021 Lawless 64 9/28/2021 May 65 9/28/2021 De Blasio 66 9/28/2021 Deatrick 67 9/28/2021 Young First Name Stephen & Deborah Catherine Jason Graceanne Jeff & Dianne Jerry Deena C. Kunjan & Megha Kunjan & Megha Dennis Wiliam Donald Jeff Michael G. & Cheryl P. Robert/Christine David M. & Kelly M. Charles J. Cherry Mark/Noriko Charles S. Susan L. Barbie/Len Sandra Eric M. Sheryl Assi Paula Russell/Cindy Jay Ramon & Shienna Ray Norman & Suzzette Colleen Tom Donald R. Paul & Anne James & Jane Randy & Gale Donna Nicholas Nathan Paula Charlotte & Jay Constance John & Dianne Scott Dianne Peggy Cheryl & Bob John T. Mari Patrick Angeline Mario Rebekah Todd William Richard/Kellie Michael C. Sue Anthony Tavya Todd & Jenna Kevin Alice 5. Robert & Michelle Doreen William & Debra Kathy WATER SEWER RATE INCREASE 2021 PROTESTS Street Name Address No. (AVE, CT, DR, LN, PL, RD, ST, TRL, WAY) 14054 Valley Springs Rd 12859 Papago Dr 12704 Coachman Ct 14609 Jeff Park Ln 14558 Budwin Ln 16571 Corte Paulina 14465 Twin Gables Ct 12735 Gate Dr 15563 Canton Ridge Terr 14762 Poway Mesa Dr 13603 Sunset View Rd 15570 Garden Rd 17654 Saint Andrews Dr 17759 Valle Verde Rd 13005 Corte Susana 12726 Triumph Dr 16921 Cloudcroft Dr 12811 Orpha Ct 15059 Eastvale Rd 16636 Martincoit Rd 13036 Decant Dr 17746 St. Andrews Dr 13705 Pequot Dr 13460 Cayuga Dr 16637 Orchard Bend Rd 14662 Dash Way 14924 Cinchring Dr 15357 Midland Rd 15034 Hat Creed Rd 12717 Via Sombras 13740 Buford Way 15594 Oakstand Rd 14239 Silver Ridge Rd 13147 Avenida La Valencia 13540 Cloudcroft Ct 13847 Deergrass Ct 12799 Indian Trail Rd 13476 Calle Colina 13983 Poway Valley Rd 14370 Silver Heights Rd 13365 Via Stephan 14858 Budwin Ln 14445 Twin Peaks Rd 14227 Powers Rd 12663 Butterwood Ct 14467 Maplewood St 15946 Cumberland Dr 13406 Brian Park Ln 15497 Oakstand Ct 13134 Via Del Toro 14435 Harvest Ct 14731 Dash Way 13232 El Delora Way 14142 El Delora Way 17123 Tam O Shanter Dr 14790 Deerwood St 13511 Summit Circle 14923 Huntington Gate Dr 12528 Arabian Way 12664 Butterwood Ct 14747 Fairtree Terrace 13907 Carriage Rd 13701 Powers Rd 15704 Piparian Rd 12280 Sage View Rd 15454 Oakstand Ct 14119 El Delora Way 14683 Woodhue Ln 13636 Pequot Dr Comments 314-413-11-00 314-860-04-00 323-290-12-00 Not within City limits 267-261-39-00 314-741-46-00 273-801-01-00 2 75-103-03-00 Invalid Missing Signature 278-462-22-00 327-340-00-22 321-141-25-00 321-291-26-00 321-410-26-00 321-292-04-00
November 2, 2021, Item #931 of 3568 9/28/2021 Fernandez 69 9/28/2021 Phillips 70 9/28/2021 Lluch 71 9/29/2021 Minn 72 9/29/2021 Zack 9/29/2021 Boutin 73 9/29/2021 Krafton 74 9/29/2021 Burg 75 9/29/2021 Arambulo 76 9/29/2021 Reithler-Barros 77 9/29/2021 Walder 78 9/29/2021 Vu 79 9/29/2021 Vu 80 9/29/2021 Dalessandro 81 9/29/2021 Schreiber 82 9/29/2021 Mannino 83 9/29/2021 Horton 84 9/29/2021 Hussey 85 9/30/2021 Suriel 86 9/30/2021 Foster 9/30/2021 Foster 87 9/30/2021 Ficken 88 9/30/2021 Miller 89 9/30/2021 Wayland 90 9/30/2021 Clay 91 9/30/2021 Velasco 92 9/30/2021 Bowers 93 9/30/2021 Paras 94 9/30/2021 Arvin 95 9/30/2021 Falchetti 96 10/4/2021 McKay 97 10/4/2021 Flinspach 98 10/4/2021 Pollard 99 10/4/2021 Capozzoli 100 10/4/2021 Hallin 101 10/4/2021 Camargo 102 10/4/2021 Williams 103 10/4/2021 Chon 104 10/4/2021 Boe 105 10/4/2021 Russin 106 10/4/2021 Wampler 107 10/4/2021 Smith 108 10/4/2021 Corney 109 10/4/2021 Colingwood 10/4/2021 Collingwood 110 10/4/2021 Pieterse 111 10/4/2021 Lunt 112 10/6/2021 Datte 113 10/6/2021 Morikawa 10/6/2021 Morikawa 10/6/2021 Morikawa 114 10/6/2021 Kavanagh 115 10/6/2021 McCoy 116 10/6/2021 Jensen 10/6/2021 Jensen 117 10/6/2021 Rumbaugh 118 10/6/2021 Knuth 119 10/6/2021 Behringer 120 10/6/2021 Hardy 121 10/6/2021 Chadwick 122 10/6/2021 Sendig 123 10/6/2021 Mitchell 124 10/6/2021 Young 125 10/7/2021 Pilgeram 126 10/7/2021 Helbling 127 10/7/2021 Sandall 128 10/7/2021 Steinmetz 129 10/11/2021 Forsythe 130 10/11/2021 Young 131 10/11/2021 Tabereaux 132 10/11/2021 Freeman Darryl K Diane Elizabeth Kay Elizabeth Don Margarita Jennifer Emmanuel/Evangeline Marie Herrad Robert Kevin David Raffaela Joe Marcia and Frank Christina Helena Tawny Jean Terry Mercedes Janna S.L. Katharine Becky Colleen Marien & Aristedes James Charles Roberta Angela Jeanette Debra Helen Andrew & Amber Cindy Yun Todd Alicia Loretta Larry June Stephanie Joshua Jacques Dale Darrell Vicki Katelyn Daniel Eamon Norman Sonja Christopher Michael Debbie Maren & Stephen Christensen Ann Fred & Dori Mary Kathy Summer Timothy Ted Jane & Dennis Nannette Julie Marc Mary WATER SEWER RATE INCREASE 2021 PROTESTS 13529 Los Olivos Ave 13437 Montego Dr 18515 Old Coach Way 13325 Cicero Ct. 12965 Lomas Verdes Dr 12965 Lomas Verdes Dr 12610 Roberto Way 14625 Plumwood St 12807 Indian Trail Rd 15204 Skyridge Rd 15335 Poway Springs Court 13642 Acorn Patch Ln 14058 Iris Ln 13653 Midland Rd 14350 Sandhill Rd 13311 Betty Lee Way 17263 Saint Andrews Dr 13824 San Sebastian Way 15139 Sycamore Canyon Rd 12725 Stone Canyon Rd 12725 Stone Canyon Rd 16291 Rostrata Hill Rd 13625 El Mar 13701 Somerset Rd 14545 Budwin Ln 14647 Tierra Bonita Rd 14715 Dash Way 13151 Ridgedale Dr 16316 Orchard Bend Rd 14289 Arbolitos Dr 13987 Midland Rd 13330 Fallen Leaf Rd 14415 Crestwood Ave 15125 Huntington Gate Dr 12445 Witt Pl 15344 Midland Rd 13712 Somerset Rd 15849 Dogwood Ct 13922 Pomerado Rd 12874 Indian Trail Rd 14728 Fairtree Terrace 12224 Colony Dr 14764 Dash Way 14711 Budwin Ln 14711 Budwin Ln 13513 Melissa Ln 12451 Robison Blvd 15763 Quiet Valley Ln 17664 Saint Andrews Dr 17664 Saint Andrews Dr 17664 Saint Andrews Dr 13243 Evanston Dr 15064 Oak Canyon Rd 13415 Tarascan Dr 13415 Tarascan Dr 12311 Witt Rd 16744 Valle Verde Rd 14103 Roaring Camp Rd 14601 Selsey St 12937 Papago Dr 15000 Saddle brook Ct 12832 Luiseno St 13636 Pequot Dr 17632 Tam O Shanter Dr 14543 High Pine St 13510 Cloudcroft Ct 13995 Hickory St 14736 Roberto Rio Rd 13348 Fallen Leaf Rd 13515 Utopia Rd 13185 Triumph Dr duplicate address 314-641-06-00 duplicate address Invalid Missing Signature 321-400-01-00 duplicate address 323-451-38-00 duplicate address duplicate address duplicate address 329-023-00-22
November 2, 2021, Item #932 of 35133 10/11/2021 Colle Jr. 134 10/11/2021 Colle Jr. 135 10/11/2021 Colle Jr. 136 10/11/2021 Colle Jr. 137 10/11/2021 Yarman 138 10/11/2021 Inman 139 10/13/2021 Browning 140 10/13/2021 Becca re Iii 10/13/2021 Lennon 141 10/13/2021 Russell 142 10/13/2021 Roether 143 10/13/2021 Bentley 144 10/13/2021 Campillo 145 10/13/2021 Lindsay 146 10/13/2021 Sixt 10/13/2021 Payne 147 10/13/2021 Pelletier 148 10/13/2021 Vandervelden 149 10/13/2021 Menck 150 10/13/2021 James 151 10/13/2021 Neal 152 10/13/2021 Chatman 153 10/13/2021 Brown 10/13/2021 Brown 154 10/13/2021 Twining 155 10/13/2021 Zimmerman 156 10/13/2021 Ring 10/13/2021 Grimmer 157 10/13/2021 Poe 158 10/13/2021 Davison 10/13/2021 Brulee 159 10/13/2021 Boggiano 160 10/13/2021 Morris 161 10/13/2021 Campion 162 10/13/2021 Galope 163 10/13/2021 Koestner 164 10/14/2021 St. Lucas 165 10/18/2021 Kellhofer 166 10/18/2021 Wield 167 10/18/2021 Luckham 168 10/18/2021 Luckham 169 10/18/2021 Harrison 170 10/18/2021 Harrison 171 10/18/2021 Sicilia 172 10/18/2021 Suh 173 10/18/2021 Newman 174 10/18/2021 Wheeler 175 10/18/2021 Cudmore 176 10/18/2021 Leverette 177 10/18/2021 Kleiser 178 10/18/2021 Wagner 179 10/18/2021 Campbell 180 10/18/2021 Zabrosky 181 10/18/2021 Duoto 182 10/18/2021 Probst-Gagnon 183 10/18/2021 Dietzen 184 10/18/2021 Ricciardoll 185 10/18/2021 Reyes 186 10/18/2021 Vijayakumar 187 10/18/2021 Kirby 188 10/18/2021 Starkey 189 10/18/2021 Lockhart 190 10/18/2021 Martinez Caceres 191 10/18/2021 Musliu 192 10/18/2021 Marusak 193 10/18/2021 Wells 194 10/18/2021 Betteker 195 10/18/2021 Reheiser 196 10/18/2021 Young 197 10/18/2021 Do 198 10/18/2021 Orgas/ Widmer Gary Gary Gary Gary Jen Kenneth Mark Michele Bill &Cyndy Rory Vernon Jennifer Jody Rebecca Sheryl Greg Michael Carol Walter Brian Timothy Irene Brian Britany Arianna & Brian Jon Eric Kevin & Francine Dennis & Mary Steven Linda Marlene Melissa Douglas Elmari Gisela Joseph Kyle Michele Stephen Stephen James & Amy Max Annette Allison Joy Larry Jeffrey & Christine Jim Karen Karen Shawn David Bryan & Lauryn Maria Beverly Guy Rachel & Carlos Vijey Torrey Sharon Jacqueline Cristina Jahush Michal Lynn & Lloyd Penny Laurel Alan & Julie Joseph Angelo & Jolene WATER SEWER RATE INCREASE 2021 PROTESTS 14878 Eastvale Rd 12130 Dearborn Pl 14178 Halper Rd 12190 Tech Center Dr 13272 Poway Hills Dr 13991 Poway Valley Rd 12817 Camino Del Valle 14047 Dogwood Rd 14115 Donart Dr 17114 Cloudcroft Dr 16780 Espola Rd 14454 Range Park Rd 17216 Cuvee Ct 16718 Avenida Florencia 17049 Saint Andrews Dr 13862 Temple St 12924 Chee Drive 12958 Slack Street 13867 York Ave 12210 Morningside Ct 14436 High Pine St 12965 Slack St 12765 Welton Ln 12765 Welton Ln 12923 Standish Dr 12811 Cedar Tree Way 14860 Indian Peak Ln 16823 Avenida Florencia 14423 Midland Rd 13030 Papago Dr 13717 Utopia Rd 13844 San Sebastian Way 13718 Sagewood Dr 13836 San Sebastian Way 13227 Lingre Ave 13252 Olive Meadows Dr 14829 Sunrise Dr 13005 Ashgate Pl 15913 Wild Holly Ln 13665 Sycamore Tree Ln 12754 Indian Mail Rd 13347 Fallen Leaf Rd 12942 Buckley St 13235 Holly Tree Ln 15444 Harrow Ln 13637 Comuna Dr 13633 Comuna Dr 13365 Birch Tree Ln 13639 Comuna Dr 13369 Birch Tree Ln 13671 Sycamore Tree Ln 13764 Sycamore Tree Ln 13385 Birch Tree Ln 13524 Comuna Dr 13544 Comuna Dr 13381 Birch Tree Ln 13634 Del Pontiente Rd 13254 Birch Tree Ln 13609 Sycamore Tree Ln 13607 Sycamore Tree Ln 13732 Sycamore Tree Ln 13378 Birch Tree Ln 13551 Comuna Dr 13552 Comuna Dr 13617 Comuna Dr 17083 Old Coach Rd 17245 Saint Andrews Dr 14473 Trailwind Rd 13663 Comuna Dr 13535 Cloudcroft Ct 13429 Orange Blossom Ln business address 321-390-37-00 Invalid Missing Signature 273-171-18-00 Invalid Missing Signature 314-681-38-00 duplicate address Invalid Missing Signature 314-192-40-00 Invalid Missing Signature 314-550-45-00 314-670-36-00
November 2, 2021, Item #933 of 35199 10/18/2021 Collins 200 10/18/2021 Brettelle 201 10/18/2021 Tiernan 202 10/18/2021 Long 203 10/18/2021 Engle 204 10/18/2021 Cahan 205 10/18/2021 Graber 10/18/2021 Welsh 206 10/18/2021 Parker 207 10/18/2021 McCord 208 10/18/2021 Bucciantini 209 10/18/2021 Mallow 210 10/18/2021 Bergland 211 10/18/2021 Yu 212 10/18/2021 Gibson 213 10/18/2021 Lynch 214 10/18/2021 Loomis 215 10/18/2021 Wong 216 10/18/2021 Swank 217 10/18/2021 Amend 218 10/18/2021 Rubacky 219 10/18/2021 Rubacky 220 10/18/2021 Rubacky 10/18/2021 Ziminsky 221 10/18/2021 Krueger 10/18/2021 Pa pier 222 10/18/2021 Hayes 223 10/18/2021 Hayes 10/18/2021 Hayes 10/18/2021 Hayes 224 10/19/2021 Farber 10/19/2021 Farber 225 10/19/2021 Moncrief 226 10/19/2021 Stewart 227 10/19/2021 Baldwin 228 10/19/2021 Lord 229 10/19/2021 Lancaster 230 10/19/2021 Finn 231 10/19/2021 Rigby/ Appelson 232 10/19/2021 Forbes 233 10/19/2021 Usher 234 10/19/2021 Feinstein 235 10/19/2021 Pace 236 10/19/2021 Garcia 237 10/19/2021 Dentel 238 10/19/2021 Keefer 239 10/19/2021 McCandless 240 10/19/2021 Richards 241 10/19/2021 Kellhofer 242 10/19/2021 Kellhofer 243 10/19/2021 Berman 244 10/19/2021 Fisher 245 10/19/2021 Senteno 246 10/19/2021 Naraghi 247 10/19/2021 Smith 248 10/19/2021 Johnson 249 10/19/2021 Siegel 250 10/19/2021 Newman 251 10/20/2021 Neuerswander 252 10/20/2021 Hoyt 253 10/21/2021 Kim 10/21/2021 Kim 10/21/2021 Fisher 254 10/21/2021 Ballas Ill 255 10/21/2021 Ballas Ill 256 10/21/2021 Ballas Ill 257 10/21/2021 Roberts 258 10/21/2021 Picone 259 10/21/2021 Wingo 260 10/21/2021 Cuirzyusk 261 10/21/2021 Tydings Howard Bret Barbara Mike Susan & Roger Judy Jeff Steve Wayne Jeremiah & Katie Christina & Ryan Brian David & Deborah Lan Rhonda Michael Jan& Bob Llewny &Kyle Rod Dave &Jill Janice Charles Charles Louise Kody & Alexis Dr. Maurice Charles & Judith Charles & Judith Charles & Judith Charles & Judith Amy Gary Benjamin Camille Barbara Carol Frances Thomas John/Sean & Teri Richard & Nanci David & Veronica Eloise Logan Cynthia Georgia Brian Mike & Heidi Aleksandra Edna Scott & Cheri David Theresa Tina Kathy Dennis Joel Eric & Christine Jeffrey John Wilbur & Micelle Micah Kelsey Theresa Gus Gus Gus Clara Eugene Lobrenzo Judith Vernon WATER SEWER RATE INCREASE 2021 PROTESTS 16886 Saint Andrews Dr 12542 Glenoak Rd 12207 Colony Dr 14111 Sky Mountain Trail 16740 Avenida Florencia 18030 Old Coach Dr 13742 Comuna Dr 17488 Plaza Otonal 13532 Comuna Dr 13559 Comuna Dr 13563 Comuna Dr 13627 Sycamore Tree Ln 13756 Comuna Dr 13372 Birch Tree Ln 13530 Comuna Dr 14353 Blue Sage Rd 16939 Saint Andrews Dr 13750 Comuna Dr 13792 Sycamore Tree Ln 16820 Avenida Florencia 13333 Rollin Glen Rd 13331 Red Cloud Ln 13333 Red Cloud Ln 17055 Butterfield Tri 13554 Comuna Dr 15273 Hilltop Cir Parcel 278-301-14-00 Parcel 321-080-38-00 Parcel 321-090-01-00 Parcel 321-080-32-00 15215 Eastvale Rd 15215 Eastvale Rd 14452 Kentfield Pl 12947 Slack St 14358 Harvest Crescent 16955 Old Espola Rd 12954 Francine Terrace 17124 Cloudcroft Dr 15643 Oakstand Rd 15345 Midland Rd 13667 Sycamore Tree Ln 17118 Pomard Ct 17117 Pomard Ct 17125 Pomard Ct 13868 Midgrove Ct 14368 Blue Sage Rd 13555 Comuna Dr 13611 Comuna Dr 14449 Ortez Pl 14141 Mazatlan Wy 14049 Painted Desert Rd 17323 Saint Andrews Dr 13513 Scots Wy 13351 Silver Lake Dr 13387 Birch Tree Ln 14302 Carnitas St 12952 Avenida La Valencia 13003 Ashgate Pl 14204 Bounty Way 14822 Midland Rd 14157 Ezra Ln 14157 Ezra Ln 17323 Saint Andrews Dr 12320 Oak Knoll Rd 12309 Old Stone Rd 15641 Boulder Mt. Rd 12836 Elmfield Ln 14721 Fairtree Terrace 13663 Sycamore Tree Ln 13764 Comuna Dr 13685 Comuna Dr Not within City limits Invalid Missing Signature Missing Name Invalid Missing Signature Invalid not connected to municipal water Invalid not connected to municipal water duplicate address 2 73-781-22-00 273-781-19-00 273-781-18-00 2 75-530-06-00 Invalid Duplicate Address Invalid Duplicate Address #244
November 2, 2021, Item #934 of 35262 10/21/2021 Sztechmiler 263 10/21/2021 Sztechmiler 264 10/21/2021 Lopez 265 10/22/2021 Jacoby 266 10/22/2021 Ling 267 10/22/2021 Muscat 268 10/22/2021 Bachar 269 10/22/2021 Fuller 270 10/22/2021 Sandoval 271 10/22/2021 Parent 272 10/22/2021 Bostenero 273 10/22/2021 Johnson 274 10/22/2021 Chapman 275 10/22/2021 Valentine 276 10/22/2021 Carr 277 10/22/2021 Allen 10/22/2021 Neuenswander 278 10/25/2021 Matthies 279 10/25/2021 Chapin 280 10/25/2021 Noorolhi 281 10/25/2021 Adamson 282 10/25/2021 Kodadek 283 10/25/2021 Christensen 284 10/25/2021 Murelli 285 10/25/2021 Sparrow 286 10/25/2021 Pellegrini 287 10/25/2021 Chevne 288 10/25/2021 Cauldren 289 10/25/2021 Neal 290 10/25/2021 St. Onge 291 10/25/2021 Chase 292 10/25/2021 Angel 293 10/25/2021 Tobias 294 10/25/2021 Gerdts 295 10/25/2021 Liptak 296 10/25/2021 Wagster 297 10/25/2021 Yarnall 298 10/25/2021 Shelton 299 10/25/2021 O'Briant 300 10/25/2021 Alvarez 301 10/25/2021 Liptak 302 10/25/2021 May 303 10/25/2021 Moore 304 10/25/2021 Marshall 305 10/25/2021 Brennick 306 10/25/2021 Fitzpatrick 307 10/25/2021 Wypiszynski 308 10/25/2021 Mize 309 10/25/2021 Roy 310 10/25/2021 Weyl 311 10/25/2021 Jenkins 312 10/25/2021 Dunlap 313 10/25/2021 Lohner 314 10/25/2021 Rabenstein 315 10/25/2021 Collins 316 10/25/2021 Harvey 317 10/25/2021 Wall 10/25/2021 Wall 318 10/25/2021 Morris 319 10/25/2021 Dexter 320 10/25/2021 Walker Janina Janina David Michelle William & Mary Michelle Virginia Patricia Christina Bonnie Kevin Mark Christopher Bonnie Margaret Ronda Becky Colleen Lisa Mohammad Michel J Darwin Robert Andrea Ian Jennifer Jamie Jackie Ja Tyson Jacob David Nancy Lee Lindsey Ellen Michelle Ross Shaun Lee Tamara James Michelle Kevin Carol Angela Robyn Tonya Nora & Vincent Kelly Anne Marie Kevin Bianca & Jake Kristine Crystal Anthony Amy Gregg Mark John WATER SEWER RATE INCREASE 2021 PROTESTS 12327 Kozy Crest Ln 14706 Pomerado Rd 13340 Miguel Garden Wy 12948 Francine Terrace 11966 Allbrook Dr. 14949 Eastvale Rd 13264 Birch Tree Ln 13020 Standish Dr 14451 Kentfield Pl 13807 San Sebastian Way 14648 Woodhue Ln 15114 Oak Canyon Rd 13946 Sagewood Dr 17532 Tam O Shanter Dr 13619 Sycamore Tree Ln 14702 Fairtree Terrace 14204 Bounty Way 13606 El Mar Avenue 13522 El Mar Avenue 13824 Olive Grove Pl 13857 Olive Park Pl 13827 Olive MillWy 13850 Olive Park Pl 13801 Olive Park Pl 13835 Olive Park Pl 13843 Olive Park Pl 13247 Olive Grove Dr 13879 Olive MillWy 13852 Olive MillWy 13353 Olive Grove 13359 Olive Grove Dr 13848 Olive Grove Pl 13847 Olive Mill Wy 13887 Olive MillWy 13648 Mulberry Tree Ct 13242 Olive Grove Dr. 13864 Olive Grove Pl 13855 Olive Grove Pl 13820 Olive MillWy 13225 Olive Grove Dr 13650 Mulberry Tree Ct 13217 Olive Grove Dr 13853 Olive Park Pl 13323 Olive Grove Dr 14818 Midland Rd 17202 Merlot Pl 14052 Olive Meadows Dr 13631 Sycamore Tree Ln 12929 Grimsley Ave 14938 Golden Sunset Ct. 13865 Sagewood Dr 12937 Grimsley Ave 14065 Olive Meadows Dr 13685 Quiet Hills Dr 12809 Estrella Vista St 13653 Comuna Dr 14116 Donart Dr 14116 Donart Dr 14741 Oakline Rd 13389 Birch Tree Ln 13542 Comuna Dr 314-350-10-00 314-350-03-00 275-791-32-00 Invalid Duplicate Address #251 207-134-90-00 773-174-79-33 Invalid Duplicate Address #317 314-732-13-00
November 2, 2021, Item #935 of 35321 10/25/2021 Devries 10/25/2021 Devries 322 10/25/2021 Morrell 323 10/25/2021 Powers-Richard 324 10/25/2021 Ramirez 325 10/25/2021 Brennick 326 10/25/2021 Ramos 327 10/25/2021 Gutzmer 328 10/25/2021 Hsu 329 10/25/2021 Grodsky 330 10/25/2021 Evans 10/25/2021 Vans lager 331 10/25/2021 Vans lager 332 10/25/2021 Urena 333 10/25/2021 Urena 334 10/25/2021 Urena 335 10/25/2021 Urena 336 10/25/2021 Urena 337 10/25/2021 Urena 338 10/25/2021 Urena 339 10/25/2021 Urena 340 10/25/2021 Urena 341 10/25/2021 Urena 342 10/26/2021 Grela 343 10/26/2021 Urena 344 10/26/2021 Urena 345 10/26/2021 Urena 346 10/26/2021 Matthews 10/26/2021 Matthews 347 10/26/2021 Crook 10/26/2021 Crook 348 10/26/2021 Clark 349 10/26/2021 Eickhoff 350 10/26/2021 Pearce 351 10/26/2021 Parsa/ Shun 352 10/26/2021 Gonzalez 353 10/26/2021 New 354 10/26/2021 Lee 355 10/26/2021 Rexford 356 10/26/2021 Kosmo 357 10/26/2021 Dezan 358 10/26/2021 Pontell 359 10/26/2021 Stoltze 360 10/26/2021 Daley 361 10/26/2021 Gener 362 10/26/2021 Giafaglione 363 10/26/2021 Lee 364 10/26/2021 Martin 365 10/26/2021 Withrow 366 10/26/2021 Suneal 367 10/26/2021 Fenn 10/26/2021 Fenn 368 10/26/2021 Grotz 369 10/26/2021 Gowin 370 10/26/2021 Preckel 371 10/26/2021 Huang 372 10/26/2021 Parker 373 10/26/2021 Johnson 374 10/26/2021 Heie 375 10/26/2021 Walsh 376 10/26/2021 Davis 377 10/26/2021 Mello 10/26/2021 Mello 378 10/26/2021 Nutting 379 10/26/2021 Galaski 10/26/2021 Pontell 380 10/26/2021 Wong 381 10/26/2021 Palmer-Gillum/ Angel 382 10/26/2021 Christiansen 10/26/2021 Wong Deana Robert Christine Vivian Cynthia Clayton Joanna& Joseph Jason Cody & Kevin Julie Jason Zack Leslie Sherry Sherry Sherry Sherry Sherry Sherry Sherry Sherry Sherry Sherry Pattie Jennifer Jennifer Jennifer Gregory Wendy Bruce Sandra Diana Steve Roger & Evangeline Ali/ Jill Alberto Gabrielle Lonnie Elizabeth Christopher Dave & Barb Peter Sandra John Maryann Salvatore Ginger Joseph & Patricia Monica Chris & Cheri Larry Maryland Paul Ryan & Vanessa Allan Lin Donna Gregory & Michiru Anders David & Susan Matt & Sarah Joshua Lisa Priscilla Hideko Lorraine George Elaine/William Fred Diane WATER SEWER RATE INCREASE 2021 PROTESTS 13415 Neddick Ave 13415 Neddick Ave 13832 Frame Rd 15544 Hidden Valley Dr 13276 Birch Tree Ln 14812 Midland Rd 13201 Acton Ave 14566 Garden Rd 13209 Valle Verde Ter 13008 Vista View Dr 14108 Tobiasson Rd 13008 Vista View Dr 13315 Powers Rd 13657 Cynthia Ln 13257 Wanesta 13556 Olive Tree Ln 12921 Oak Knoll Rd 12623 Oak Knoll Rd 12702 Oak Knoll Rd 12650 Oak Knoll Rd 13005 Golden Way 12430 Oak Knoll Rd 14185 Arbolitos Dr 12835 Grimsley Ave 13106 Coyotero Drive 13725 Buford Way 13358 Via Stephen 13540 Spruce Ln 13540 Spruce Ln 14864 Espola Rd 14864 Espola Rd 13736 Sycamore Tree Ln 13350 Birch Tree Ln 14625 Fairburn St 14570 Kent Hill 14642 Evening Star Dr 13409 Utopia Rd 13415 Utopia Rd 11570 Creek Rd 14252 Sandhill Rd 13892 Oakstand Rd 13884 Belvedere Dr 13644 Mulberry Tree Ct 14033 Blue Ridge Tri 13970 Crossrock Rd 13451 Orange Blossom Ln 13434 Tarascan Dr 14266 Palisades Dr 14424 Twin Peaks Rd 14903 Heath Dr 14670 Sunrise Canyon Dr 14670 Sunrise Canyon Dr 13046 Tuscarora Dr 13704 Tierra Bonita Rd 13621 Holly Oak Wy 12656 Footman Ln 12929 Standish Dr 13756 Sycamore Tree Ln 12902 Dorathea Ter 13558 Comuna Dr 13623 Sycamore Tree Ln 14109 Hermosillo Wy 14109 Hermosillo Wy 14561 Hillndale Wy 12651 Peachwood Ct 13884 Belvedere Dr 12732 Metate Ln 14670 Buckwood St. 15181 Huntington Gate Dr 12732 Metate Ln Invalid Duplicate Address #321 Invalid Duplicate Address #329 323-393-01-00 Invalid Duplicate Address #346 Invalid Duplicate Address #347 Invalid Duplicate Address #367 317-620-15-00 Invalid Duplicate Address #377 Invalid Duplicate Address #358 Invalid Duplicate Address #380
November 2, 2021, Item #10DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway November 2, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services fJvi Austin Silva, Senior Planner ~ (858) 668-4658 or asilva@poway.org CITY COUNCIL Conditional Use Permit 21-001 and Minor Development Review Application 21-001; a request to construct a single-family residence and indoor private recreational facility at 14100 Biscayne Place This item is a Conditional Use Permit (CUP) and a Minor Development Review Application (MORA) request to construct a 14,230-square-foot building containing a 4, 993-square-foot single-family residence, 969-square-foot garage, and an 8,268-square-foot private recreational facility (indoor basketball court), on a vacant lot located at 14100 Biscayne Place, in the Old Coach Golf Estates Specific Plan (OCGESP) area. Recommended Action: It is recommended that the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A). Discussion: The project was initiated by Nick Wilson of Island Architects (Applicant) on behalf of the property owner, JAKFT LLC. The CUP and MORA request is to construct 14,230-square-foot building containing a 4,993 square-foot single-family residence, 969-square-foot garage, and a 8,268-square-foot private recreational (basketball) court, on a vacant lot located at 14100 Biscayne Place, in the OCGESP area. The project site is located at the terminus of Biscayne Place, which is a cul-de-sac street (Attachment B). Single-family residences are located to the north, east and south, and the Maderas golf course is located to the west. Single-family residences are a permitted use in the OCGESP and are subject to the development standards of the Rural Residential-( zone. However, private recreational facilities require a CUP. The building is designed such that the basketball court occupies a majority of the floor area, justifying the need to obtain a CUP. The private recreational facility will be used for private athletic training purposes and will not be used as a commercial training facility. There will be no clinics open to the public or private memberships. The basketball court is located in the center of the building as shown in the floor plan (Attachment C) 1 of 25
November 2, 2021, Item #10with the single-family residential components wrapping around it on three sides (west, south and east). The basketball court is the tallest portion of the building at 33' 2" and appears as a two-story residence as shown on the building elevations (Attachment D). The building has been designed to look like a single-family residence and not give the appearance of a basketball gym from the exterior with clerestory windows on the upper portion of the building appearing as second-floor windows and varied roof lines to break up the building's massing. A Mediterranean architectural style is used with elements such as smooth Santa Barbara stucco, pan and barrel clay tile roofing, wood garage doors, recessed windows with wood shutters, and antique wood features as shown in the renderings in Attachment E. A three-car garage, driveway, and paved parking area allow for eight cars to be parked off-street as shown on the site plan (Attachment F) and area plan (Attachment G). Single-family residences in the OCGESP area are required to provide a minimum of two parking spaces in a garage with interior dimensions of 20 feet wide and 20 feet long. Neighborhood Meeting On August 5th, a hybrid in person/virtual neighborhood meeting was held by the applicant to receive comments and feedback regarding the proposed CUP for the private recreational facility. There were approximately 15 people in attendance, including the applicant's team and City staff. Attendees expressed concerns regarding the amount of people that would be using the facility at any given time, how early the facility would be used, the noise generated by the facility (music), the design of the facility not fitting in with the neighborhood, the design of the facility not looking like a single-family residence, more vehicle trips and parking in the neighborhood, if memberships or classes would be provided at the facility, and how enforcement will occur once the facility is built. Based on the comments received from the community, the applicant made design changes and held a second neighborhood meeting on September 14th. There was one neighbor in attendance at the second meeting. Design changes were presented that make the exterior of the facility appear to be more like a single-family home. The project proponents discussed conditions of approval to address neighbor concerns related to noise, parking, traffic, lighting and general nuisance. The neighbor in attendance was pleased with the design changes and conditions offered, but still had concerns about how the land use would impact the neighborhood and felt that a residential neighborhood wasn't the most appropriate location for the proposed indoor basketball court. The conditions discussed at the neighborhood meeting are included in the permit. Environmental Review: The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 3(a) Categorical Exemption, pursuant to Section 15303 of the CEQA Guidelines, in that the project involves the construction of a single-family dwelling on an existing legal parcel located in a residential zone. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, October 21, 2021. A public notice was mailed to property owners and occupants located within 500 feet of the project site. 2 of25
November 2, 2021, Item #10Attachments: A. Resolution B. Zoning and Location Map C. Floor Plan D. Building Elevations E. Colored Renderings F. Site Plan G. Area Plan Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 3 of25 Reviewed By: Alan Fenstermacher City Attorney Approved By: cf{)Jti? City Manager
November 2, 2021, Item #10RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 21-001 AND MINOR DEVELOPMENT REVIEW APPLICATION 21-001 TO CONSTRUCT A SINGLE-FAMILY RESIDENCE AND INDOOR PRIVATE RECREATIONAL FACILITY ON A VACANT LOCATED AT 14100 BISCAYNE PLACE IN THE IN THE OLD COACH GOLF ESTATES SPECIFIC PLAN AREA. ASSESSOR'S PARCEL NUMBER 277-202-10 WHEREAS, Conditional Use Permit (CUP) 21-001 and Minor Development Review Application (MORA) 21-001 were submitted by Nick Wilson of Island Architects, Applicant, and JAKFT, LLC., Property Owner, for a request to construct a 14,230-square-foot building containing a 4,993-square-foot single-family residence, 969-square-foot garage, and a 8,268-square-foot private recreational facility (indoor basketball court), on a vacant lot located at 14100 Biscayne Place, in the Old Coach Golf Estates Specific Plan (OCGESP) area; WHEREAS, on November 2, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing; and WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting a CUP. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council finds that CUP 21-001 and MORA 21-001 are Categorically Exempt from provisions of the California Environmental Quality Act (CEQA), as a Class 3(a) Categorical Exemption pursuant to Section 15303 of the CEQA guidelines, in that the project involves the construction of a single-family dwelling on an existing legal parcel located in a residential zone. SECTION 2: The findings for CUP 21-001, in accordance with Section 17.48.070 of the PMC, to construct a private recreational facility (indoor basketball court) at 14100 Biscayne Place within the OCGESP area, are made as follows: A. The location, size, design, and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the General Plan, and the development policies and standards of the City, including the OCGESP, in that a private recreational facility is allowed in the OCGESP with approval of a CUP, and will otherwise comply with all of the relevant codes and standards of the City of Poway because of conditions included herein. B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the private recreational facility has been designed to be substantially consistent with the OCGESP. The private 4 of 25 ATTACHMENT A
November 2, 2021, Item #10Resolution No. 21-Page 2 recreational facility is attached to a proposed single-family residence and has been designed to architecturally integrate with the single-family residence and includes Mediterranean-style architectural elements by utilizing a smooth Santa Barbara stucco, pan and barrel clay tile roofing, wood garage doors, recessed windows with wood shutters, and antique wood features. C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the proposed building meets all development standards contained in the OCGESP. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed use. E. There will not be a harmful effect upon desirable characteristics of the existing single-family residential neighborhood in that the private recreational facility will be adequately soundproofed, indoor lighting will be provided with shields and/or screening, and additional off-street parking will be provided within a paved surface. F. The establishment of a private recreational facility will not adversely impact the capacity and physical character of the surrounding streets and/or the Transportation Element of the General Plan in that Biscayne Place has been designed to accommodate single-family residences and the private recreational facility is an accessary use to the proposed single-family dwelling. No commercial use of the private recreational facility is permitted and adequate parking for private use will be provided on-site. G. The site is suitable for the type and intensity of use or development that is proposed in that the 1.39-acre lot is large enough to accommodate the 14,230-square-foot building consisting of a 4,993-square-foot single-family residence, 969-square-foot garage, and an 8,268-square-foot private recreational facility. The proposed building meets all development standards contained in the OCGESP. Conditions included in the permit will limit the intensity of use to be consistent with the residential neighborhood. H. There will not be significant harmful effects upon environmental quality and natural resources in that the subject site has been previously graded and was anticipated for development of a single-family residence with the previously adopted Environmental Impact Report for the OCGESP. I. There are no relevant negative impacts of the proposed use in that pursuant to conditions in the permit, the private recreational facility will be adequately soundproofed, indoor lighting will be provided with shields and/or screening, and additional off-street parking will be provided within a paved surface. J. A private recreational facility is allowed in the OCGESP area with the approval of a CUP. Therefore, the impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use on a previously developed property and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan and PRSP. K. The proposed conditionally permitted use will comply with each of the applicable 5 of 25
November 2, 2021, Item #10Resolution No. 21-Page 3 provisions of PMC Title 17 (Zoning Ordinance), in that the proposed use is a conditionally permitted use and has been designed such that it will not result in significant traffic or other environmental impacts. SECTION 3: The findings for MORA 21-001, in accordance with PMC 17.52 Purpose of Development Review, are made as follows: A. The project has been designed to be consistent with the OCGESP and is architecturally compatible and in scale with the existing surrounding residential development. Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City. B. The project has been designed to minimize impacts on surrounding development by utilizing an architectural design that is substantially consistent with the OCGESP and will be compatible with surrounding residential. Therefore, the proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the City. C. The granting of the MORA would not be materially detrimental to the public health, safety, or welfare within the community in that adequate infrastructure exists in the area to serve the site. D. The project has been designed so the proposed exterior building materials will be similar and compatible with the surrounding residential development. Therefore, the proposed development respects the public concerns for the aesthetics of development. E. The project will not have an adverse effect on the aesthetics, health and safety, nor an architecturally-related impact upon adjoining properties, as the project has been designed to be consistent with the OCGESP and surrounding residential development in the area by utilizing exterior building materials and architectural design compatible with nearby development. F. The design and improvements of the proposed development are substantially consistent with all elements of the General Plan and the PRSP. SECTION 4: The City Council hereby approves CUP 21-001 and MORA 21-001 as shown on the approved plan incorporated herein by reference and stamped as "Exhibit A" and dated November 2, 2021 on file in the Development Services Department, except as noted herein, subject to the following conditions: A. The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, 6 of25
November 2, 2021, Item #10Resolution No. 21-Page 4 settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by Applicant. B. Approval of this CUP request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. This CUP approval shall be in substantial conformance with the approved plans stamped as "Exhibit A" with minor modifications permitted by the Development Services Director. C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the Applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the Property Owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant, the Applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. E. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels. F. CUP 21-001 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. G. The conditions of CUP 21-001 and MORA 21-021 shall remain in effect for the life of the subject property and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. H. Prior to issuance of a Building Permit, the Applicant shall obtain approval of a Grading Permit. Compliance with the following conditions is required prior to issuance of the Grading Permit: 7 of25 (Engineering) 1. Submit a precise grading plan for the development of the lot prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100 percent complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the PMC shall be submitted. The applicant shall pay the grading permit and plan check fee according to the latest adopted master fee schedule. 2. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the grading plan and be appropriately sized for the proposed level of development. 3. A drainage study addressing the impacts of the 100-year storm event prepared by a licensed Civil Engineer is to be submitted and approved. The study shall
November 2, 2021, Item #10Resolution No. 21-Page 5 evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer. 4. Water Quality Control -Design and Construction The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. Two copies of a final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. Once the final SWQMP is approved; a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the PMC, and a signed PDF version. b. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in section 16.104 of the PMC. 5. Grading securities shall be posted with the City prior to grading plan approval per PMC Section 16.46.080. A minimum cash security of $2,000 is required in all instances. 6. The Applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 7. Following approval of the grading plans, posting of securities and fees, and receipt of four copies of the approved plans, the Applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer along with four copies of the approved grading plans. The Applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 8. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 9. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. At a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed, and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. I. The Applicant shall obtain a Building Permit. Prior to issuance of a Building Permit, the Applicant shall comply with the following: 8 of 25
November 2, 2021, Item #109 of 25 Resolution No. 21-Page 6 1. The development shall comply with the current addition of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety requirements. 2. The site shall be developed in accordance with the approved plans stamped as "Exhibit A" on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. (Engineering) 3. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 4. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 5. The Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a. Two copies of certification of line and grade for the lot, prepared by the civil engineer of work. b. Two copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City. 6. The Applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at time of permit issuance. (Planning) 7. The maximum height of any fence or wall, or any combination thereof, shall not exceed six feet. However, within the required 40-foot front yard setback, at a minimum, the top two feet of a six-foot-tall fence or wall shall be constructed of open fencing. A note shall be provided on the site plan of the construction plans indicating the proposed height and material. Retaining walls shall be of decorative block or stucco finish consistent with the exterior of the proposed residence. 8. The maximum height of driveway entry gates and associated pilasters shall not exceed seven feet. A driveway entry gate and associated pilasters may be located within the front yard setback area, provided a minimum 20-foot setback is
November 2, 2021, Item #10Resolution No. 21-Page 7 maintained to the edge of the street intersecting the driveway to allow the vehicle entering the property to stop in the driveway during operation of the gate without impacting traffic in the street. The construction drawings shall note the setback and height of the proposed entry gate and pilasters. 9. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 679-2570. 10. An Affordable Housing In-Lieu Fee of $500 for the main residence shall be collected prior to the Building Permit issuance. 11. The residence shall be equipped with low-flow plumbing fixtures residence shall be equipped with low-flow plumbing fixtures. 12. Exterior building materials and finishes shall reflect the approved elevations on file with the City and the conditions of approval, and shall be noted on the building plans, to the satisfaction of the Director of Development Services. 13. Landscape and irrigation plans shall be submitted and approved. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapters 17.41 of the PMC, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. This includes but is not limited to the submittal of an irrigation audit report, pursuant to Section 17.41.110 of the PMC, prior to final inspections/issuance of a Certificate of Occupancy. The landscape and irrigation plan submittal is a separate submittal from other project plan check submittals and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. J. The following requirements shall be completed to the satisfaction of the Safety Services Department: 10 of 25 1. This parcel is located within the very high fire hazard area of the City and is new construction; therefore, California Building Code Chapter 7 A and PMC 15.24 will apply. 2. Ignition Resistant Class I construction is required as described in the California Building Code Chapter 7 A. 3. The approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on site. 4. A residential fire sprinkler system with a one-inch meter is required. A separate plan submittal and approval to the Poway Fire Department, Division of Fire Prevention, prepared by a licensed sprinkler contractor or fire protection engineer is required for the residential sprinkler system prior to installation. There is a separate fee for this plan check and inspection services. If a one-inch lateral off the street main is currently not present, one will have to be installed. If a pressure
November 2, 2021, Item #1011 of 25 Resolution No. 21-Page 8 pump is required for fire sprinkler operation, auxiliary power is required. 5. The building shall be equipped with an approved fire sprinkler system meeting PMC requirement. The entire system is to be monitored by a central monitoring company. Backflow valve assemblies with tamper switches shall be monitored. The City Fire Marshal shall locate these fire protection devices prior to installation. Two separate plan submittals to the fire department will be required. One for the fire sprinkler design and the second for the fire service underground. 6. Residential driveways serving no more than two improved parcels containing dwelling units shall have a minimum of 16 feet of unobstructed improved width. Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Fire apparatus access roads shall be designed and maintained to support the imposed loads offire apparatus not less than 75,000 pounds unless authorized by the FAHJ and shall be provided with an approved paved surface as to provide all-weather driving capabilities. A paved driving surface shall mean asphalt, concrete, or permeable paving system. The turning radius of a fire apparatus access road shall be a minimum of 28 feet as measured to the inside edge of the improvement width or as approved by the fire code official. 7. The gradient for a fire apparatus access roadway shall not exceed 20 percent. Grades exceeding 15 percent (incline or decline) shall be constructed of Portland cement concrete (PCC), with a deep broom finish perpendicular to the direction of travel, or equivalent, to enhance traction. Grades exceeding 10 percent shall be constructed of asphalt or PCC. Permeable paver systems shall not be used for grades exceeding 10 percent. The fire code official may require additional mitigation measures where he or she deems appropriate. 8. The angle of departure and the angle of approach of a fire access roadway shall not exceed seven degrees (12 percent) or as approved by the fire code official. 9. Driveways more than 150 feet in length shall be provided with approved provisions that allow emergency apparatus to turn around. The fire code official shall establish a policy identifying acceptable turnarounds for various project types. 10. Fire apparatus access roads (driveways) shall extend to within 150 feet of all portions of the exterior walls of the first story of the structure as measured by an approved route around the exterior of the building. 11. The approved fire apparatus access (driveway) for fire protection, either temporary or permanent shall be made available as soon as combustible material arrives on site. 12. Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Number shall contrast with their background and shall meet City of Poway standards. The address is required at the private driveway entrance. 13. All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key-operated switches overriding all command
November 2, 2021, Item #1012 of 25 Resolution No. 21-Page 9 functions and opening gates. Dual-keyed or dual switches shall be provided to facilitate access by law enforcement. 14. Buildings and structures located within a wildland-urban interface fire area shall be setback a minimum of 30 feet from property lines and biological open space easements unless the PMC requires a greater minimum. When the property line abuts a roadway the setback shall be measured from the farthest roadway edge. 15. Single-story structures shall be setback a minimum 15 feet horizontally from top of slope to the farthest projection from a roof. A single-story structure shall be less than 12 feet above grade. A two-story structure shall be setback a minimum of 30 feet horizontally from top of slope to the farthest projection from a roof. Structures greater than two stories may require a greater setback when the slope is greater than two to one. Structural setbacks shall be shown on the site plan. Show scaled cross section profiles denoting the top of the slope, building/roof projections, and the setback distance at multiple locations on the plan submittal. 16. The project shall comply with Section Four of the City of Poway Landscape and Irrigation Design Manual and PMC 15.24 as it relates to fuel management and defensible space. One hundred feet of fuel management consisting of 40 feet of Zone A and 60 feet of Zone B, is required. Mitigation is required where 100 feet of fuel management cannot be achieved within the parcel boundaries. Ten feet of vegetation fuel modification, meeting Zone B requirements, shall be maintained on both sides of the driveway and fire access roadway fronting the property when not already within a fuel modification zone. The landscape plan requires a separate landscape and irrigation plans submittal prepared pursuant to the City of Poway Landscape and Irrigation Design Manual requirements. There is a separate fee for this plan check and inspection services. The applicant shall submit and receive signed approval of landscape and irrigation plans prior to the issuance of the building permit. All fuel modifications shall be installed prior to the final inspection for issuance of a certificate of occupancy. 17. All flammable vegetation within the approved fuel modification zone shall be removed prior to the arrival of combustible material on the site and shall be maintained during the duration of the project until all elements of approved fuel modification zones are installed and approved. 18. Smoke alarms shall be installed in all bedrooms and adjoining hallways. The smoke detectors shall be hard-wired, with a battery backup, and shall be wired in such a manner that if one detector activates, all detectors activate. 19. Carbon monoxide detectors shall be installed in hallways adjoining bedrooms. The carbon monoxide detectors shall be hard-wired, with a battery backup, and shall be wired in such a manner that if one detector activates, all detectors activate. 20. Each chimney used in conjunction with any fireplace shall be equipped with an approved spark arrester. 21. If liquefied gas (propane) is used as a primary utility source, show the tank size, location of the tank on the parcel, orientation of the tank to building, and the method
November 2, 2021, Item #10of securing the tank to the ground, on the building plans. Resolution No. 21-Page 10 K. Prior to issuance of a Certificate of Occupancy: 13 of 25 (Engineering) 1. The stormwater facilities shall be complete and operational prior to occupancy. 2. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy. 3. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 4. All utility services shall be installed and completed by the property owner, and inspected and approved by the Engineering Inspector. All new utility services shall be placed underground. 5. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. 6. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 7. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project. 8. After completion of all work, record drawings, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.1308 of the Grading Ordinance. Approval of record drawings is required prior to issuance of occupancy and release of grading securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended. (Planning) 9. The site shall be developed, and the building elevations shall be constructed in accordance with the approved plans stamped Exhibit A, dated November 2, 2021, on file in the Development Services Department and the conditions contained herein. A final inspection from appropriate City departments will be required. 10. Landscape and irrigation shall be installed and maintained in accordance with the approved landscape and irrigation plans on file with the City of Poway Planning Division. All landscaping shall be maintained in a thriving condition. 11. The site shall be cleared of all construction materials, supplies, and equipment.
November 2, 2021, Item #10Resolution No. 21-Page 11 L. Upon establishment of the proposed use, pursuant to CUP 21-001 and MORA 21-001, the following shall apply: 1. There shall be no clinics open to the public, no private or club memberships, and there shall be no commercial use of the subject property. 2. The private recreational facility is for the private use, enjoyment and athletic training of the owner. The maximum number of persons within the recreational portion of the home at any given time shall not exceed 15 people. In order to exceed 15 people within the recreational facility, neighbors within 250 feet shall be notified. 3. The private recreational facility shall be soundproofed to attenuate noise consistent with the Chapter 8.08.040 of the PMC. 4. A minimum of five off-street parking spaces shall be maintained on site at all times. 5. All exterior lighting shall conform to the requirements of the PMC. All outdoor lighting shall be provided with appropriate shields and/or screening to prevent light from adversely affecting adjacent neighboring residential properties. 6. The private recreational facility use shall be conducted at all times with due regard to the character of the surrounding residential neighborhood so as not to cause any nuisance or unnecessary disturbance. SECTION 5: The approval of CUP 21-001 and MORA 21-001, shall expire on November 2, 2023, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP/MORA approval has commenced prior to its expiration. SECTION 6: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. 14 of 25
November 2, 2021, Item #10Resolution No. 21-Page 12 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of November, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, City Clerk 15 of 25
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November 2, 2021, Item #11AGENDA REPORT CityofPoway DATE: TO: FROM: CONTACT: SUBJECT: Summary: November 2, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development ServicesM Henry Trang, Senior Civil Engineer K1 (858) 668-4602 or htrang@poway.org Capital Improvement Program Update CITY COUNCIL This report presents a status update on the Capital Improvement Program (CIP) and a brief status of each ongoing project within the current CIP. At the City Council meeting, staff will present more detail on the higher profile projects. Recommended Action: This is an informational item and there is no recommended action. Discussion: The City's CIP is administered by staff from the Engineering Division of the Development Services Department with the goal of maintaining and improving the City's infrastructure, and enhancing public facilities based upon community needs. Engineering staff provides professional engineering services in the planning, design, and construction of the CIP projects. The CIP is an ongoing process which matches available funds with prioritized needs. During program planning, staff takes inventory of the City's existing infrastructure and facilities, considers facility and system assessments completed by consultants, as well as community needs, and then develops a prioritized project list consistent with community goals. Projects are prioritized and designed to achieve optimum use of available funding. Projects are categorized into the following categories: Streets, Drainage, Public Facilities, Water, and Sewer. The current CIP includes 50 projects with $15.74 million appropriated with the FY 2021-22 budget for a total of $64.77 million in appropriations for these projects. A list of all currently funded projects is provided as Attachment A. This report presents updates to the status of projects since the last program update was presented to City Council on June 15, 2021. Projects previously completed and accepted by City Council or that continue to be on hold are not listed in the project discussion but are identified in Attachment A. 1 of 6
November 2, 2021, Item #11STREETS The primary goal of projects within the Streets category is to extend the useful life of public streets, to address capacity issues, to maintain the City's traffic signals, to refresh and update street striping and signage, and to maximize efficiency for vehicles, bicycles, and pedestrians while ensuring public safety. The 2020-21 Street Overlay project is substantially complete and is scheduled for acceptance on the November 2, 2021 City Council agenda. The LED Street and Safety Lighting Conversion project is complete, including change order tasks to replace the pendant fixtures on the decorative poles in the Old Poway Park area with new LED fixtures. Once the City receives the spare parts that are part of the contract, the project will be closed out and presented for acceptance at a future City Council meeting. The 2021-22 Street Maintenance and 2021-22 Citywide Striping projects are nearing completion. The Traffic Signal Controller Upgrades project FY 2019-20 construction is also nearing completion. The utility undergrounding for the Espola Road Safety Improvements project has been completed and the utility poles have been removed. Construction on the pathways portion of the project began at the end of October. The pathways construction consists of a DG trail, cobble surface, retaining walls, lodgepole fence, asphalt berm, and other improvements. The design for the Espola Road Bike Lanes project has been completed and construction for the project has been set aside until additional funding becomes available. The design for the Neighborhood Sidewalks (Powers and Garden Road areas) project is complete. The project will be advertised for construction later this year. The preparation of the Local Road Safety Plan (LRSP) is in progress. The LRSP is a report that identifies, analyzes, and prioritizes safety improvements on the City's roads and can be used to secure grant funding for future projects. DRAINAGE The primary goal of projects within the drainage category is preservation and maintenance of existing infrastructure, including culverts, concrete channels and natural channels, and the ongoing annual replacement of deteriorating corrugated metal pipes (CMP). It also includes the Annual Trash Capture Program, which is an unfunded mandate by the Regional Water Quality Control Board to capture all trash greater than 5mm, essentially anything larger than a cigarette butt, in priority land use areas (PLUs). PLUs include areas classified as commercial, industrial, and high density residential as well as transit stops. The City has ten years to comply with the region-wide mandate and is appropriating funding annually with the CIP budget to complete a portion of the program each year, which is in its third year. Design of the 2021-22 Annual Trash Capture Program and 2021-22 Annual Corrugated Metal Pipe Repair/Replace projects are underway. Staff is working on securing grant funding for the construction of the Rattlesnake Creek Streambank Stabilization project and will begin design of the project later this year. PUBLIC FACILITIES The primary goal of projects within the Public Facilities category is the preservation and maintenance of the over 100 public buildings and parks. This category also includes installation of new public facilities as well as renovation of existing facilities. Building maintenance tasks are typically combined to create the annual Public Facilities Renovation project. The individual tasks that make up the Public Facilities Renovation project are accomplished by a combination of Public Works and CIP engineering staff. In 2016, a Facility Needs Assessment was conducted which included a comprehensive assessment of select City facilities, with the assessment of each facility varying from an entire building assessment to roof and HVAC assessments only. It provided a ten-year list of corrective actions as well as continuous ongoing maintenance items at each assessed building. The 2020-21 ADA Barrier Removal -Lake Poway and the Public Works Fleet Maintenance Lift projects are substantially complete. The Fleet Maintenance Lift project is scheduled for acceptance on the 2 of6
November 2, 2021, Item #11November 2, 2021 City Council agenda while the ADA Barrier Removal project will be scheduled for acceptance at a future meeting. The City Hall HVAC Controls project is currently under construction and is anticipated to be completed soon. The consultant agreement approval for the design of the Poway Center for the Performing Arts (PCPA) Facility Maintenance project will be scheduled for a future City Council meeting. The project will rehabilitate the majority of the mechanical, plumbing, and electrical equipment as well as provide ADA upgrades throughout the facility. Upon approval of the consultant agreement, design of the project will begin later this year with the first phase of improvements to begin construction in the summer of 2022. The design of the Fire Station 3 HVAC Upgrades and Lake Poway Upper Playground Renovation projects are in progress. WATER The primary goal of projects within the water category is preservation of existing infrastructure, including pipelines, reservoirs, pump stations, pressure reducing stations, and the Water Treatment Plant facility. In 2014, assessments of the City's water distribution system and Water Treatment Plant were completed. A ten-year water CIP was developed from the assessments. The Power to Blue Crystal project has been completed and was accepted at a recent City Council meeting. The Boulder Mountain Reservoirs 1 and 2 Rehabilitation project is substantially complete and will be scheduled for acceptance at a future City Council meeting. The Pressure Reducing Valve (PRV) Stations Access Assessment and the Water Treatment Plant Electrical System Assessment are both anticipated to be completed by the end of the year. The design consultant has been selected for the Reservoir Overflow Modifications and design for that project will begin soon. The 2021-22 Annual Valve Replacement Program, Caustic Tank Rehabilitation, and Water Treatment Plant Security Upgrades projects are all in the early stages of design. Several water projects are being managed by the Public Works Department including the Clearwell Bypass, San Diego County Water Authority (SDCWA) Treated Water Connection, and Clearwell Replacement projects. Public Works staff will be providing updates to the City Council separately from the Capital Improvement Program Update in order to provide more details on those projects. SEWER The primary goal of projects within the sewer category is preservation of existing infrastructure, including pipelines, manholes and lift stations, and providing increased flow capacity where identified as necessary. In 2013, an assessment was completed for the City's sanitary sewer distribution system. A ten-year sewer CIP was developed and included both capacity increasing projects and maintenance projects. The Bowron Road Sewer Upsize, Exposed Sewer East of Martincoit Road, and Sewer Line Repair/Replace at Pomerado Road and Stone Canyon Road projects are all currently under construction. The contractor for the Bowron Road Sewer Upsize is waiting for SDG&E to complete relocation of a steel gas line at the intersection of Poway Road and Bowron Road before completing the last portion of their construction. The project is anticipated to be completed shortly after. On the Exposed Sewer East of Martincoit Road project, the contractor recently completed a critical part of the project that included boring under the existing creek. Construction is anticipated to be completed in November. The Sewer Line Repair/Replace project is a continuation of the 2014-15 project that was deemed infeasible to complete due to conflicts with unknown utilities and rock obstructions. The project was redesigned to avoid these conflicts while replacing failing pipes that caused frequent blockages requiring constant maintenance. This project is also anticipated to be completed in November. 3 of6
November 2, 2021, Item #11Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: None. Public Notification: None. Attachments: A. Cl P Project Status List Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 4 of6 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager
November 2, 2021, Item #11CIP PROIECT STATUS: Complete: 1. 2020-21 Street Maintenance 2. 2020-21 Citywide Striping 3. 2019-20 Annual Corrugated Metal Pipe Repair/Replace 4. 2019-20 ADA Barrier Removal -Lake Poway 5. 2020-21 Annual Valve Replacement 6. WTP Chemical Building and Tank Farm Upgrades 7. Martincoit Road Sewer Upsize 8. City Monument Welcome Sign Replacement 9. Mickey Cafagna Community Center 10. Fire Station 1 Shower Room Remodel 11. 36-inch Steel Water Main Assessment 12. WTP Clearwell Distribution Flow Meters 13. Power to Blue Crystal Reservoir Substantially Complete: 1. Boulder Mountain Reservoirs 1 and 2 Rehabilitation 2. 2020-21 Street Overlay 3. 2020-21 ADA Barrier Removal -Lake Poway Picnic Areas 4. 2021-22 Street Maintenance 5. LED Street and Safety Light Conversion 6. Public Works Fleet Hydraulic Lift Under Construction/Studies: 1. Espola Road Safety Improvements -Phase 2 2. Sewer Line Repair Replace 14/15 (Pomerado Rd/Stone Canyon Rd) 3. City Hall HVAC Controls Replacement Project 4. 2019-20 Traffic Signal Controller Upgrades 5. WTP Electrical System Assessment 6. PRV Stations Access Assessment 7. Exposed Sewer East of Martincoit 8. Bowron Road Sewer Upsize 9. 2021-22 Citywide Striping 10. Local Road Safety Plan 11. Clearwell Bypass (Public Works) Bid/Pre-Construction: Design: 1. Espola Road Bike Lanes 2. Neighborhood Sidewalks (Powers & Garden Road Areas) 3. 2021-22 Annual Trash Capture Program 4. 2021-22 Annual Valve Replacement Program 5. 2020-21 Traffic Signal Controller Upgrades 6. Lake Poway Upper Playground Renovation 5 of6 ATTACHMENT A
November 2, 2021, Item #117. PCPA Facility Maintenance 8. Reservoir Overflow Modification 9. Caustic Tank Rehabilitation 10. Fire Station 3 HVAC Upgrade 11. Clearwell Replacement (Public Works) Pre-Design: 1. Rattlesnake Creek Streambank Stabilization Design 2. Fire Station 1 Stairway Replacement/Upgrade 3. Vehicle Maintenance Monument Sign 4. R-4 Reservoir Upgrades 5. Water Treatment Plant Security Upgrades 6. Washwater Tank No.2 Upgrades 7. 2021-22 Annual CMP Repair/Replace 8. 2021-22 Traffic Signal Controller Upgrades 9. Channel Rehabilitation - Carlson and Springvale 10. 2021-22 ADA Barrier Removal -Community Park 11. R-7 Reservoir Rehabilitation 12. Sagewood Drive Sewer Upsize 13. Water Treatment Plant Upgrade Filters 1-8 14. Annual Sewer Line Repair/Replace 15. 2021-22 Street Overlay 16. Blue Sky Amphitheater Shade Structure (on hold) 17. Butterfield Trail Sewer Upsize (on hold) 18. SDCWA Treated Water Connection (Public Works) 19. Annual Manhole Rehabilitation (Public Works) 6 of6