The URL can be used to link to this page

01-17-2023 Agenda PacketJanuary 17, 2023, Item #2AGENDA REPORT CityofPoway DATE: TO: FROM: January 17, 2023 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk l/4,4.-(858) 668-4535 or cgallagher@pow~y.org CITY COUNCIL SUBJECT: Approval of the December 6, 2022 Regular City Council Meeting Minutes and the December 13, 2022 Special Meeting Minutes Summary The City Council Meeting Minutes submitted hereto for approval are: • December 6, 2022 Regular City Council Meeting Minutes • December 13, 2022 Special 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 the City Council approve December 6, 2022 Regular City Council Meeting Minutes and December 13, 2022 Special Meeting Minutes. Public Notification: None. Attachments: A. December 6, 2022 Regular City Council Meeting Minutes B. December 13, 2022 Special Meeting Minutes Reviewed/Approved By: ;✓J;.J;, ~ Wend4aserman Assistant City Manager 1 of 10 Reviewed By: Alan Fenstermacher City Attorney City Manager January 17, 2023, Item #2NOTE: 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 December 6, 2022 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: Barry Leonard, Caylin Frank, Dave Grosch, John Mullin, 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; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain Karla Menzies, 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 Mullin led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATIONS Recognition of Outgoing Council Members -Council Member Dave Grosch and Deputy Mayor John Mullin Mayor Vaus announced the time limit for Public Comment had been reduced to two minutes rather than the normal three, due to the number of speakers forms submitted. 2 of 10 ATTACHMENT A January 17, 2023, Item #2City of Poway -Minutes -December 6, 2022 PUBLIC COMMENT Sharlene O'Keefe, Poway OnStage, thanked the City Council for their continued support of the PCPA. Yuri Bohlen inquired about upcoming holiday events for seniors at the Mickey Cafagna Community Center and recognized outgoing Councilmember Grosch and Deputy Mayor Mullin. Joe St. Lucas spoke regarding the use of different terms while sharing holiday sentiment. Billy Sheldon spoke regarding recourse and enforcement of broken trespassing laws by the developer of the Lyon Estates Development. Pete Neild (via teleconference) invited the public to visit Candy Cane Court to enjoy the holiday lights and partake in neighborly festivities. Alexander Lynch spoke regarding a recent traffic accident on Midland Road, he suggested a roundabout traffic flow could potentially ease traffic concerns. John Barton spoke regarding a recent traffic accident on Midland Road. Becky Rapp (via teleconference) spoke regarding concerns over Poway Unified School District curriculum. Arthur Blain spoke regarding a recent traffic accident on Midland Road and requested safety improvements. Jim Bunner spoke regarding a recent traffic accident on Midland Road he and his young children witnessed and voiced concerns over traffic in the area, he requested safety improvements. Tom Farley and grandson Austin thanked outgoing Councilmembers and wished Council, staff, and the public, Happy Holidays. In response to Public Comment regarding the Midland Road traffic accident, Mayor Vaus requested Captain Menzies provide an update on the investigation into the accident. Captain Menzies stated the investigation was still preliminary and information was being collected. She asked the public to be patient, so the Sheriff's Department can ensure the information provided is accurate. Mayor Vaus then requested City Manager Chris Hazeltine have this information discussed by the Traffic Safety Committee as soon as possible once the investigation has been completed. CONSENT CALENDAR Motioned by Deputy Mayor Mullin, seconded by Councilmember Grosch to approve Consent Calendar Items 1 through 11. Motion carried 5/0 by the following roll-call vote: Ayes: Noes: Abstained: 3 of 10 Leonard, Frank, Grosch, Mullin, Vaus None None January 17, 2023, Item #2City of Poway -Minutes -December 6, 2022 Absent: None Disqualified: None 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the October 4, 2022, October 18, 2022 and November 15, 2022 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 22-088 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" 4. Approval of Local Appointments List of City Council Appointed Committees for 2023 5. Memorandum of Understanding between St. Michael's Catholic Church and the City of Poway to use the Church as an Emergency Shelter in the Event of an Evacuation 6. Approval of Lease Agreement with Sportsplex, USA, Inc. 7. Replacement of Citywide Network Switches and Appropriation of Funds 8. Approval of Agreement with Fluoresco Services, LLC, for PCPA Marquee Sign Repair 9. Second Reading and Adoption of Ordinance 858 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 2.18 of the Poway Municipal Code (Meetings)" 10. Acceptance of City Facilities Painting 2021-22 Project; Bid No. 22-009 with Harbor Coating & Restoration, as Complete 11. Acceptance of the FY 2022-23 Street Maintenance Project; Bid No. 22-013, with American Asphalt South, Inc., as Complete ORDINANCES FOR INTRODUCTION None. PUBLIC HEARINGS: 12. Adoption of an Ordinance of the City of Poway, California, Amending Poway Municipal Code (PMC) Title 15, Adopting by Reference the 2022 California Building Standards Codes with Local Amendments, Adoption of a Resolution Amending and Establishing Permit and Inspection Fees within the Fire Department Section of the Master Fee Schedule, and Determination that the Adoption of the Foregoing Amendments by Ordinance and Resolution is Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061 (b)(3) Mayor Vaus opened the Public Hearing at 8:05 p.m. 4 of 10 January 17, 2023, Item #2City of Poway -Minutes -December 6, 2022 City Planner David De Vries presented the report. He stated every three years the California Building Standards Code commission updates the Building Codes, which includes Building and Fire Codes. He stated local amendments were primarily reduced this cycle to be more consistent with state codes. He noted aging in place design elements in new residential construction for accessibility, additional extensions to building permit expirations, changes to child daycare operations and three dimensional or 3D printed buildings will be permissible if the manufacturer is certified and approved by the City building official. Mr. De Vries, spoke regarding proposed amendments for high fire hazard zones including setback distance, and the addition of some new inspection fee categories. Public Comment: None. End of Public Comment. Mayor Vaus closed the Public Hearing at 8: 10 p.m. Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No. 22-089 entitled, "A Resolution of the City Council of the City of Poway, California, Amending and Establishing Fire Permit and Inspection Fees Within the Fire Department Section of the Master Fee Schedule", and determine that the adoption of the foregoing amendments by Ordinance and Resolution is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). Motion carried unanimously. As requested by the Mayor, City Clerk Gallagher titled the Ordinance. Motioned by Mayor Vaus, seconded by Councilmember Frank to introduce Ordinance No. 859 entitled, "An Ordinance of the City Council of the City of Poway, California, Amending Poway Municipal Code (PMC) Title 15, Adopting by Reference the 2022 California Building Standards Codes, with Local Amendments", waive further reading and schedule the adoption for January 17, 2023, carried 5/0 by the following roll-call vote: Ayes: Noes: Abstained: Absent: Leonard, Frank, Grosch, Mullin, Vaus None None None Disqualified: None STAFF REPORTS: None. WORKSHOPS: None. 5 of 10 January 17, 2023, Item #2City of Poway -Minutes -December 6, 2022 COUNCIL-INITIATED ITEMS: None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) Councilmember Leonard spoke about the upcoming joint effort between the City of Poway and Kiwanis Poway "Holiday with Heroes" event toy and shoe distribution to be held at the Mickey Cafagna Community Center. Councilmember Frank announced and invited residents to the upcoming newly expanded two-night event and tree lighting ceremony, Christmas in the Park. She thanked the Community Services Department for their work on the event. Mayor Vaus announced an upcoming Special City Council meeting to be held Tuesday, December 13 for the purpose of accepting and approving the November 8, 2022 General Municipal Election results and swearing in ceremony for the incoming City Council members. Mayor Vaus also announced the cancellation of the December 20, 2022 Regular City Council meeting. CITY MANAGER ITEMS None. Mayor Vaus recessed the meeting into Closed Session at 8:14 p.m. CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) 13. Conference with Legal Counsel -Anticipated Litigation Government Code Code § 54956.9(d)(2) -one (1) case City Attorney Fenstermacher stated, no reportable action. ADJOURNMENT The meeting was adjourned at 9:34 p.m. 6 of 10 Carrie Gallagher, CMC City Clerk City of Poway, California January 17, 2023, Item #2CITY OF POWAY CITY COUNCIL SPECIAL MEETING MINUTES December 13, 2022 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 Special Meeting to order at 7:00 p.m. ROLL CALL Barry Leonard, Caylin Frank, Dave Grosch, John Mullin, 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; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain Karla Menzies, 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 Mullin led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. Mayor Vaus announced the reordering of the agenda to hear Public Comment later in the meeting. CONSENT CALENDAR Motioned by Mayor Vaus, seconded by Councilmember Leonard to approve Consent Calendar Item 1. Motion carried 5/0 by the following roll-call vote: Ayes: Leonard, Frank, Grosch, Mullin, Vaus 7 of 10 ATTACHMENT B January 17, 2023, Item #2City of Poway -Minutes -December 13, 2022 Noes: None Abstained: None Absent: None Disqualified: None 1. Approval of November 8, 2022 General Municipal Election Results PRESENTATIONS Administration of Oath of Office and Presentation of Certificates of Election to Newly Elected Mayor and Councilmembers • Councilmember District 1 Brian Pepin • Councilmember District 3 Peter De Hoff • Mayor Steve Vaus City Clerk Gallagher administered the Oaths of Office to newly elected Mayor Vaus and Councilmember Pepin and Councilmember De Hoff. Mayor Vaus recessed the Special Meeting at 7:19 p.m. for a brief reception in the Chambers Foyer. CALL TO ORDER Mayor Vaus reconvened the Special Meeting at 7:28 p.m. ROLL CALL Brian Pepin, Caylin Frank, Peter De Hoff, Barry Leonard, Steve Vaus COUNCIL-INITIATED ITEMS None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) 2. Appointment of Deputy Mayor for 2023 Mayor Vaus presented the item. He announced his selection to appoint Councilmember Leonard to serve as Deputy Mayor for 2023. Public Comment: None. End of Public Comment. Motioned by Mayor Vaus, seconded by Councilmember Frank to approve and appoint Councilmember Leonard to serve as Deputy Mayor for 2023. Motion carried unanimously. 8 of 10 January 17, 2023, Item #2City of Poway -Minutes -December 13, 2022 3. Appointment to Regional Agencies' Boards, Commissions and Committees for 2023 Mayor Vaus presented the item. He announced the selection of the following appointments to the Regional Agencies' Boards, Commissions and Committees for calendar year 2023: 1. San Diego Division League of California Cities a. Primary: Brian Pepin b. Alternate: Caylin Frank 2. Metropolitan Transit System (MTS) Board of Directors a. Primary: Caylin Frank b. Alternate: Brian Pepin 3. San Diego Association of Governments Board of Directors a. Primary: Steve Vaus b. 1st Alternate: Caylin Frank c. 2nd Alternate: Brian Pepin 4. Metro Wastewater Commission/Joint Powers Authority (JPA) a. Primary: Peter De Hoff 5. San Dieguito Riverpark Joint Powers Authority (JPA) a. Primary: Brian Pepin b. Alternate: Barry Leonard 6. City of Poway/PUSD Joint Use Subcommittee for lnterjurisdictional Cooperation a. Primary: Caylin Frank b. Alternate: Steve Vaus 7. Regional Solid Waste Association (RSWA) a. Primary: Peter De Hoff b. Alternate: Brian Pepin 8. Goodan Ranch Policy Committee a. Primary: Barry Leonard Public Comment: None. End of Public Comment. Motioned by Mayor Vaus, seconded by Councilmember De Hoff to approve and make the aforementioned appointments to the Regional Agencies' Boards, Commissions and Committees for calendar year 2023. Motion carried unanimously. PUBLIC COMMENT Yuri Bohlen (via teleconference) congratulated the newly elected Councilmembers and Mayor Vaus on his reelection. 9 of 10 January 17, 2023, Item #2City of Poway -Minutes -December 13, 2022 Mayor Vaus wished a Merry Christmas to the public and noted his appreciation to City staff who will be working on the Christmas holiday. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None. ADJOURNMENT The meeting adjourned at 7:34 p.m. 10 of 10 Carrie Gallagher, CMC City Clerk City of Poway, California DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL January 17, 2023 Honorable Mayor and Members of the City Council Jeff Chumbley, Fire Chief Jeff Chumbley, Fire Chief u r (858) 668-4461 or jchumbley@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 impact economic and social segments of the United States. Federal, state, and county directives, mandates and orders to manage COVI D-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 the City Council approve a resolution continuing the Proclamation of Local Emergency. 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. Federal, state, and county directives, mandates, orders and guidelines have been issued to manage COVID-19. Efforts continue to focus on re-opening the economy and relaxing restrictions. 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. 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 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16, and December 7. In 2022, the City Council approved to continue the emergency action on January 18, February 1, February 15, March 1, March 15, April 5, April 19, May 3, May 17, June 7, June 21, July 19, August 2, 1 of 6 January 17, 2023, Item #3 August 16, September 20, October 4, October 18, November 15 and December 6. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Continuing the local emergency, in addition to being consistent with the County of San Diego, also allows the City to continue to be eligible for federal, state, and county funding opportunities related to COVID-19 and tied to having a declaration of a local emergency in place. Based on a recent announcement by the State of California that it plans to end the COVID-19 State of Emergency on February 28, 2023, the City plans to end its local emergency at the February 21, 2023 City Council Meeting. Environmental Review: This action is not subject to review under the California Environmental Quality Act {CEQA). Fiscal Impact: As of December 27, 2022, City costs to respond to COVI D-19 are estimated at $1,120,760. 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 $20,393,896 as of June 30, 2021. Within that 45 percent, $13,179,618 is set aside for Extreme Events/Public Safety. Staff believes some of the prior expenditures are recoverable under State and Federal Disaster programs. Amounts recovered under these programs will be used to replenish the General Fund reserve. Pursuant to the reserve policy, staff will return with a plan to replenish any General Fund reserves not replenished under a State or Federal Disaster program. Staff will recommend applicable budget adjustments prior to the completion of the current fiscal year. In addition to using reserves to respond to COVID-19, on April 20, 2020, the City Council approved $2,000,000 to fund the Poway Emergency Assistance Recovery Loans {PEARL) program for small businesses. The PEARL program's goal was to offer financial assistance to small businesses located in Poway by serving as a financial bridge to businesses while they were awaiting state and federal funding provided in response to the pandemic. Based on staffs review, 35 loans totaling $1,328,188 were approved and five loans totaling $198,000 have been repaid in full, one loan recipient began making monthly payments in January. The total outstanding balance for all loans is $1,128,723.94. With the anticipated end of the City's local emergency at the February 21, 2023 City Council meeting, all PEARL loan recipients have been notified that loans must be paid in full no later than May 23, 2023 to avoid interest accruing on the loans. In accordance with the loan application documents, loan recipients opting to make monthly payments will have three years to repay the loans with a 3% annual interest rate. The reserve fund will be replenished from the repayment of PEARL loans over a three-year period following the end of the local COVI D-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 2 of6 January 17, 2023, Item #3 Reviewed/Approved By: Assistant City Manager 3 of 6 Reviewed By: Alan Fenstermacher City Attorney e City Manager January 17, 2023, Item #3 RESOLUTION NO. 23-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, October 19, November 2, November 16, December 7, and in 2022 on January 18, February 1, February 15, March 1, March 15, April 5, April 19, May 3, May 17, June 7, June 21, July 19, August 2, August 16, September 20, October 4, October 18, November 15 and December 6; 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. 4 of6 ATTACHMENT A January 17, 2023, Item #3 Resolution No. 23-Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVI D-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 17th day of January, 2023 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of6 January 17, 2023, Item #3 PROCLAMATION 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 6 of6 ATTACHMENT B January 17, 2023, Item #3 DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway January 17, 2023 Honorable Mayor and Members of the City Council Audrey Denham, Director of Community Services AO Roger Morrison, Senior Management Analyst @ (858) 668-4581 or rmorrison@poway.org CITY COUNCIL Agreement with HASA, Inc., for the Supply of Chemicals for the Poway Swim Center, Bid 23-005 A bid request for pool chemicals for the Poway Swim Center was issued on November 16, 2022. Two responsive bids were received. Staff is recommending award of the agreement to the lowest responsible bidder, HASA, Inc. As the cost of pool chemicals has increased and now exceeds the budgeted amount, an appropriation of $18,000 is required to award the agreement. Recommended Action: It is recommended the City Council approve the Agreement for Supply of Chemicals for the Poway Swim Center to HASA, Inc., authorize the City Manager to execute all necessary documents associated with the Agreement, and appropriate funds for the remainder of the fiscal year. Discussion: The City contracts supply and delivery of sodium hypochlorite (chlorine) and hydrochloric acid used to operate the pool. Because of the large quantities and the special delivery requirements to pump the chemicals into the large storage tanks at the pool, as well as consolidation within the pool chemicals industry, there are few companies who have the capability to provide these chemicals. In 2018 after a competitive bidding process with two bidders, the City awarded the contract to Commercial Aquatic Services, Inc., which was subsequently acquired by The Illini Companies, Inc., and then sold to HASA, Inc. The agreement had a term of one year with up to four one-year extensions. The agreement also allowed a Consumer Price Index-based increase in costs at each extension, not to exceed 5% annually. Based on this agreement, three extensions were executed. Costs for pool chemicals have greatly increased across the industry due to inflation and supply chain issues, and the contractor declined the fourth extension, requesting a much higher increase. The City 1 of 8 January 17, 2023, Item #4 therefore put the contract back out to bid. The bid was advertised in the Poway News Chieftain on November 24 and December 1, 2022. Two bids were received by December 13, 2022: Contractor Annual Cost HASA, Inc. $80,623.00 Waterline Technologies, Inc. $94,292.00 An additional nonresponsive proposal was received by email but did not meet bid requirements. Staff is recommending award of the contract to the lowest responsible bidder, HASA, Inc., in the amount of $80,623. The term is once again one year with four potential one-year extensions that allow a Consumer Price Index-based increase in costs at each extension, not to exceed 5% annually. Because the cost of the new agreement is greater than the amount budgeted for FY22/23, an appropriation of $18,000 from the General Fund will be required to fund the chemical purchases for the rest of the fiscal year. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The annual cost of the agreement based on estimated chemical use is $80,623. Staff is recommending the City Council appropriate $18,000 from the General Fund's Unassigned Fund Balance to the Aquatics Division Budget -Chemicals account (203020-41200) to ensure sufficient budget for the remainder of the fiscal year. Sufficient funds are available for this request. Public Notification: None. Attachment: A. Agreement Reviewed/ Approved By: Wendyl!iaserman Assistant City Manager 2 of8 Reviewed By: Alan Fenstermacher City Attorney Approved By: January 17, 2023, Item #4 CITY OF POWAY FORM OF CONTRACT SALE AND PURCHASE OF GOODS AND MA TE RIALS This Contract, entered into this 17th day of January, 2023, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"), and HASA, Inc., a California corporation, (the "Seller"). 1. Sale and Purchase. Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the location identified in Section 5, below, and in Bid Schedule, attached hereto as Exhibit "A" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Community Services Department, and as are identified in the Bid Schedule. 2. Term. The length of this contract shall be for one year beginning on or about January 17, 2023. The contract may be extended annually for four (4) additional one-year periods for a maximum total of five (5) years. Each year of the Contract, the Seller's costs may be adjusted based on the annual change of the Consumer Price Index for the San Diego-Carlsbad area from January 1 to December 31 of the previous year. The CPI shall be based on "All Urban Consumers", not to exceed five (5) percent. The CPI increase to start with the contract renewal in 2024, if executed. The City may terminate this contract without cause upon providing a 60-day notice. The City requires a 90-day written notice for contractors who have the intention not to renew an extension or to exit the contract. 3. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule. Price to include any State or Federal fees e.g. CA Mill assessment fee. 4. Payment. The City shall make payment within 30 days of receipt of invoice after delivery of chemical product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller. 3 of 8 ATTACHMENT A January 17, 2023, Item #4 5. Delivery. Delivery shall be to the City of Poway Swim Center at 13094 Civic Center Drive, Poway, CA 92064, as needed. Delivery hours are Monday-Friday from 7:30 a.m. to 6:30 p.m. and per the requirements of the bid document. 6. Supply and Output Capability of Seller. If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages. 7. Claims. The shipment will be FOB Poway, CA at the address set forth in Section 5, above, with all delivery charges and claims for damage in route are the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extent of damage. Concealed damage must be reported to the carrier within 15 days of delivery. 8. Assignment and Delegation: Successors. Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void. All terms, conditions and provisions of this bid proposal shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators. 9. Indemnification. Seller agrees to indemnify, defend by an attorney of the City's own choice, and hold harmless, the City, and its elected and appointed officers, agents and employees (the "lndemnitees") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the City's use of the product and installation services sold by seller to City, 4 of8 January 17, 2023, Item #4 provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings. If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Seller has agreed to indemnify lndemnitees as provided above, Seller, upon notice from City, shall defend lndemnitees at Applicant's expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Seller under Section 10 of this Agreement shall ensure Seller's obligations under this section, but the limits of such insurance shall not limit the liability of Seller hereunder. Seller shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy; however, if Seller fails to take such action as is necessary to make a claim under any such insurance policy, Seller shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Seller under any insurance policy or policies required pursuant to this Agreement. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. 10. Seller's Insurance. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows: • Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; • Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 Combined Single Limit coverage; • Workers' Compensation insurance: Per the statutory amount. Each policy is to provide primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City. The failure of bidder to provide City with insurance meeting all requirements of this Contract within 15 calendar days after the Award of Bid shall constitute a material breach of the Contract, entitling City to terminate the Contract. All bonds and all insurance shall meet the following standards. The issuing 5 of 8 January 17, 2023, Item #4 company: a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken. In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation. (See City Council Resolution 90-082.) 11. Integration. The terms of this Contract are intended by the parties to be the final expression of our agreement with respect to such terms and also as a complete and exclusive statement of such terms. Any documents prepared and issued by City in preparation for and preliminary to the award and execution of a Purchase Order are expressly made a part of this Bid. However, in the event of any conflict between the written expressions of such prior documents and the written expressions of this document, the terms and interpretations given to the provisions of this writing shall prevail. No agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. 12. Applicable Law. The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Agreement shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees. costs of suit and other litigation expenses, including expert witness fees, from the other party. [Remainder of Page Left Blank Intentionally] 6 of 8 January 17, 2023, Item #4 IN WITNESS WHEREOF, the parties hereto have caused this order to be executed by their respective authorized representatives. SELLER: ____________ _ Company Name BY: ------------------Signature of Seller's Authorized Representative PRINT NAME: --------------CITY OF POWAY: BY: ------------------Chris Hazeltine, City Manager Date: -----------------ATTEST: BY: Date: --------------------------Carrie Gallagher, CMC, City Clerk Approved as to form: BY: Date: --------------------------A I an Fenstermacher, City Attorney 7 of 8 January 17, 2023, Item #4 8 of 8 EXHIBIT A BID SCHEDULE SUPPLY OF CHEMICALS FOR THE POWAY SWIM CENTER, Bid No. 23-005 (To be completed by bidder.) CHEMICAL DESCRIPTION UNIT QUANTITY UNIT PRICE Sodium Hypochlorite (12.5% Gallons 20,000 $ 3.09 solution) for Main Pool Hydrochloric Acid (31 % solution) for Gallons 2,000 $ 4.31 Main Pool Sodium Hypochlorite (12.5% Gallons 1,500 $ 6.45 solution) for Splash Pad Hydrochloric Acid (31% solution) for Gallons 100 $ 5.28 Splash Pad Total Price •• All costs for delivery are to be borne by the bidder .. TOTAL AMOUNT OF BID IN FIGURES: $ 80,623.00 TOTAL.,. $ 61,800.00 $ 8,620.00 $ 9,675.00 $ 528.00 $ 80,623.00 ------------------TOTAL AMOUNT OF BID IN WORDS: __ ei=g_ht~y_th_o_u_s_a_nd_si_x_h_u_nd_r_e_d_a_nd_tw_e_n~ty~t_h_re_e __ _ _______________ DOLLARS and ___ z_e_r_o ______ CENTS PRICES SHALL BE FIRM FROM DATE OF AWARD OF BID THROUGH JANUARY 16, 2024. DEPOSIT POLICY: (Show Item for Reference) even exchange deposit policy. 53g Drums $75 DEMURRAGE POLICY: (Show Item for Reference) ______________ _ ******************************"k,l:***********"l:-ll:lnt-:t-lr*tt~******HH*~tt***¼>l:***:t-,1:*~*******tt..,._tt~** January 17, 2023, Item #4 January 17, 2023, Item #5AGENDA REPORT CityofPoway DATE: TO: FROM: CONTACT: January 17, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services -/AA Jeff Beers, Special Projects Engineer (858) 668-4624 or jbeers@poway.org CITY COUNCIL SUBJECT: Acceptance of the 2022-23 Citywide Striping Project; Bid No. 22-012, with Statewide Stripes, Inc., as Complete Summary: On June 21, 2022, the City Council awarded the contract for the 2022-23 Citywide Striping project; Bid No. 22-012 to Statewide Stripes, Inc., in the amount of $365,774.00. This action will accept the project as complete. Recommended Action: It is recommended the City Council: (1) Accept the 2022-23 Citywide Striping 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 $18,288.70, if unencumbered, 45 days after City Council acceptance; (4) Release the Merchants Bonding Company Bond for Material and Labor in the amount of $365,774.00 after the release of retention; and (5) Retain the Merchants Bonding Company Bond for Faithful Performance for a period of one year. Discussion: The 2022-2023 Citywide Striping project is part of the City's Annual Pavement Management Program. The work included replacing traffic striping, legends and markings and refreshing painted curbs within Street Maintenance Zone 5, along with refreshing existing striping and painted curbs in Zones 1, 3 and 7. Striping is refreshed every two years. The work was coordinated with the 2021-2022 Street Overlay and 2022-2023 Street Maintenance contracts. This action accepts the 2022-23 Citywide Striping project as complete, however the contract will remain in force and open until June 30, 2023, to complete additional as-needed work. There were no change orders for this project. The final contract amount is $365,774.00. 1 of 2 January 17, 2023, Item #5Environmental Review: The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act. Fiscal Impact: Sufficient funds are available in the 2022-23 Citywide Striping project account (ST024) 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: c~ City Manager DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway January 17, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services/(;< Hector Salgado, Associate Planner 858-668-4656 or hsalgado@poway.org CITY COUNCIL Tentative Tract Map (TTM) 22-0002; a request for approval of the first one-year time extension for a previously approved subdivision (TTM18-005) The City Council's approval of Tentative Tract Map (TTM) 18-005, known as the Crest Road Estates project, was set to expire on December 15, 2022. Prior to the expiration, the applicant requested the first one-year time extension to allow for additional time to complete the processing requirements for a Final Map. This project will be deemed expired unless the requested time extension is approved. Recommended Action: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A). Discussion: The applicant is Bill Yen. The project site consists of two parcels totaling 1.7 acres located north of Poway Road, south of Crest Road and west of Oak Knoll Drive at 12102 and 12118 Poway Road. The properties are located in the RS-7 zone within the Very High Fire Hazard Area (VHFHA). The project location and zoning map is included as Attachment B. Each existing parcel is currently developed with a single-family home that is accessed via separate driveways off Poway Road to the south. The properties also border Crest Road to the north, but do not have driveway access from there. The project site is immediately surrounded by single-family residential properties, except to the east which is the site of Filippi's Pizza Grotto. On December 15, 2020, the City Council approved TTM 18-005, which subdivides the two parcels into six lots ranging in size from 9,400 square feet up to 11,400 square feet in net area as shown on Attachment C. No changes are proposed to the approved lot configuration. The TTM was approved by the City Council for two years pursuant to the Poway Municipal Code (PMC), and within that time the applicant is required to process and receive approval of a Final Map from the City Council. Section 16.10.080 of the PMC allows for a total of five one-year extensions. This is the first extension request for this approved subdivision. The application for this time extension was 1 of 9 January 17, 2023, Item #6 submitted prior to the expiration date of the application and therefore the time extension can be granted. The applicant needs additional time to complete the Final Map process. The applicant is requesting City Council approval of a one-year time extension. All the findings and Conditions of Approval from City Council Resolution No. 20-095 will remain in full force and effect. The project will be required to comply with all current regulations for landscaping and stormwater requirements. No new Conditions of Approval are recommended. With approval of this extension request, the TTM approval will be extended to December 15, 2023. Environmental Review: This time extension is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the CEQA Guidelines in that this action has no possibility of an effect on the environment. Environmental review was conducted pursuant to CEQA in conjunction with the original approval. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, January 5, 2023. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Approved TTM Reviewed/Approved By: L_.,----· aserman Assistant City Manager 2 of 9 Reviewed By: Alan Fenstermacher City Attorney City Manager January 17, 2023, Item #6 RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 22-0002; THE FIRST TIME EXTENSION OF THE APPROVAL FOR TENTATIVE TRACT MAP 18-005, ASSESSOR'S PARCEL NUMBERS 316-120-18 AND 316-120-25 WHEREAS, on December 15, 2020, the City Council approved Tentative Tract Map (TTM) 18-005; a request to subdivide two parcels totaling 1.7 acres into six single-family residential lots located at 12102 and 12118 Poway Road, in the Residential Single Family-7 (RS-7) zone (Project hereinafter); WHEREAS, the applicant has submitted on September 6, 2022, a request pursuant to Section 16.10.080 of the Poway Municipal Code (PMC), for the first one-year time extension of the Project approval which automatically extends the expiration date by 60 days, to February 13, 2023 (Government Code 66452.6(e)); WHEREAS, on January 17, 2023, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and WHEREAS, the City Council has read and considered the agenda report for the proposed Project, including the attachments, and has considered other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: This time extension is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the CEQA Guidelines in that this action has no possibility of an effect on the environment. Environmental review was conducted pursuant to CEQA in conjunction with the original approval of the Project. SECTION 2: City Council Resolution No. 20-095 remains in full force and effect except that a time extension for the approval is hereby granted by the City Council. SECTION 3: The City Council hereby approves TIM 22-0002, as shown on the approved tentative map incorporated herein by reference and stamped as "Exhibit A" dated December 15, 2022 (Exhibit A hereinafter) on file with the Development Services Department. This approval includes the approval of a first time extension of TTM 18-005 for one year from December 15, 2022, to December 15, 2023. SECTION 4: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. 3 of 9 ATTACHMENT A January 17, 2023, Item #6 Resolution No. 23-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of January, 2023 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4 of9 January 17, 2023, Item #6 • NORTH 5 of 9 City of Poway Zoning/ Location Map Item: TTM22-0002 ATTACHMENT B PC-8 CB January 17, 2023, Item #6 I I I -I I l : a1Er-a20-a;1 i--,------}~ ,esa;a I ~T 1 ;&";" I T~ LLi 3HJ-azo-o, ;313-320-021 Ii --RI----Ii ~------:-· \~:-! ---·-__ f _ ___ t ___ _ _Jo_; --~, ~o _ I ____ _ ,;--1----·---~'l';; fj,i~, --[' f• :J~l'Ji~ -r\-OUSl ,-H - I -:":..., .. .::. ·-'-;_~1.. -Jt t ~~-li--~~ =}~~ ~ ~6'J/.,,_ ROLLED Cl!F.il • .DU!"' J.D:> Ntw CU.'STO. CREST ROAD ,.,:t_ STRCCT rOR STOFl\il C-UA .1.,.-:'1'(, I Df 8 t \ ~•A!LSOX ro.t TM:S -1,1 «.-----------~--WAftR PVAPOSES I ____ 't ss---.::~"" .r ~~-WATtA ~ss--A---,. ---ss-.'---,..,+--<S--+------<s,,----.--~6.,..,_ ..._ ', , ,;I '----.._, 0: ROULO C1JR8-~ / ~-/ 0{-c,,_"4,/, ---•---•'-it--,-'--•"----==-"-•--•--f __ _L. __ , · .. ~--,·--1 . ..,';.:::.------', ,,,> I / : _: ;-~/>:~~-" ·-· '> -----.,,, ,_--jTg~~~ ::: --"'~,.,_-:--, --.,.,,~ . :;i , , F r·-'>'->TW•.\ ~.,__~ -I '"-OFSI'\ '-I 7 ., I '-I I I 31&-18D·k~ __ J ~ ~ ~l '-'-__ l ~ _ Jlc .,-1/ ~ -I ; I : , •. ',. I 'I' ~11 -1~»~<; ~ II II~~ ,..., ... _,·, ~·' 'i I'~"·'' l,J i: 51\X ,, : ..: : '-' I 451.SlW .. ..... <( .., I ~:'"r1°":~s .. --. 2;· EAA :; _,;, ~,.u. ,: • 5 ,.. au,c sa. ,.. BCDC s.• , ,s, ···-. 1-.. , ·c,, ··-·-·-r . I ,~, ,u. ~ ~--c1~:is"sf~ l ·-i 10· -11_~;'·-J / 451_~~ 1-~11--P.&.:>: '-51.5' : •--, 446.0fS. !-, I ~---_,, :: : I --=~~~-n: -·--a10::,ao-2a ~.:. W,:~CU--~I '"F"":..Viirf<--... °' ~-\f:t='"'~;~:_-::i .wi : ~/::;~~ I :31&-320-35 POWAY ROAD ACCESS RIGHTS: ACC~S TO !>OV,'lY ~O,lJ) roFt ;>RO;,osrn LO';"S 2, J . .tJlO ( TO e::: ;;nmQUISHEO. WATER METER NOTE: L----, a1s-1acF27 I ' I U.CH LOT or Tll[ SUBOMSICH WlU. I!( -.-1, I ' ~ l!i~-~--a I ., I -·~""':.t R[OUIREO TO HAVE,. MIHll,IUM 1-l'IICl-i SER.1CE 1i :: :: ~ 2 i~e; -, ~tr , I I l,vt:R.ll FROM Hr SERVICE 11..\'ri 10 TH: WAn:R OLr ~tf' ----· r;---:;;:~i!¼, \ I IIITER m,re.o.:,. ~ c~c 1 o::; ' 1 :: ; vi ~ 11 ] ! PUBLIC SEINER EASEMENT _______ 1., -\f)V. --:-'2~;;=1:,e:'.2,! f/.~P:."~ n1> ~ : ,Ji S([ Sf'rn 3 rCR LAYOVT i::;i:o,,:s. ,.,...._"-_,.---------, 1' I I PERMANENTBMPDETAILS_ 1.,1,TEF.4_ , -tt-1--ic'E~=¼-----;,. I ~ : ( ro.i P(Rw...N~•jf E,l.f? c:t~L!i SU SH£CT J c;:~~ls'~IT l 3 ~l -\ 1l -;:,1.,c) UI b :--='-H--"-c-""~-CR:>SS 12,000 !r ./ I 20' J'-.:..1..,,~'_!1lr ;~~~g ----I PROP,S'SOUNO j :3,'t>I I r-----I PAD 4420'1 C 2 ,,,.,,.✓-+ !/ I l" 111··+-C I "" """' • -s \ '(["''°"'""'"" WAU.. HOCHT ro,, 1 '\l_ ~1 _ CU!'.tx.1•,:;_,,.. ---Ir:' r=-SST--<1-+-+e-s=~ CROSS ai: ~ 1 '1 ' MATCH [)(JSIIHG I, I _ '-[1,'\~.,CP[ , 1 F .._,_,,__-L, t1.451_v51' : SB :1,1 316-180-24 .l I~--l I ' ~ 1 _P,l,tf. 4-420 I I i I I\: tx WATCA wocRS rOA , ,. I aor1.·:. .. u BIOf'ILTRAflOM ., , ~ I , t I I , ~l~ I 1 \'-,'!I l'RC:O e~:i, PROP BUPJ _...,,,,,,,.--I I I'·~• ~fff~r?:gfil ~01 , \ \ y-R~m,,.not f I l 1/ \:.J"1 8[ PROl[CT[D IN Pl.AC[ r \ • .91'?. PRoP7 SOlJNO ~ I \( \l --r--~ --1;, '----'4''--, ::,,WALL.HCJCHTTO") q 'I I , 0:2,·NcP _____ j \,~/ '~•: ;l... ~~CM D:SllNC m -., m---,..-----... .c'-, ,,✓-STONM Cf!Ac'il 'l,~i.._ I t ==-~-.i:.!5:"' ~"' 101t ,, , • '~ --.. -~-;'~~ --~ 1 1~• ~1=1:,--ilr' _ _le _[_o/1> I ,>'~ ~ ,[? ____ _ • ~~,'~~-, 1"'·-==7 ~-A~=tJg ~ --;;, I I I ~\---~~ ;#-,! :-;~~~:-4,.,.:~~ "."I ''"' 001' • _. 1 , ,7 ~~, -, '---· ~.,,J-<---. VAULT MH--~ ,,.l)d=\ I rx.. !Pi\::,t..11(1'/1 \ ~ VT•~l'fY 00)( :!,~ 1,Y!. ,1:1 //·· I ,-EX iJICA.'ooN -fo l-o 'PROP. RETAISIH,:'.; WAU.. -EX. C1JR!I l'll£1 COHSTRUCI' SlORM--'~PROP 12· STORM I I.ICTt"l'iS ro ;c '-TO 8[ ?'ROT[CTED $;;;,0 .. ~ ~ \ 0 '2"'.8:" \ l,l[T[RS ·o 8[ ~ ~ TO WATCH (Xl511,oc S"'---ss--~~ -coJf:t~J o.!-,®..~o -ss~Lo\C...:_ -ss ~ -+-_\~~'.t -~1 ABAN~~ ~ -ss---;s----ss-----OI. 12" R.C.P -~ VTil.. VAULTS TO I -_#7: DI WAITR ~RO? RETA.:.'INC ' ~ ,I r~OfNo/::: .... F /,7';:ECT PROP Bf. mo \la:~,olED: L► ~+-1.1~.;~0B( WAt.~~~ATCH ...... t \, ~r~d;w!~ 1 ~-~1' #. ~---~s1~ rg,_ J~J:-!Nr~L:; EX. i..::OWI ,-'\. POWAY ROAD r:f;R ~<} ___ . -;;~~ .'HE~•tn ___ -=-'-~·•'-'' _/,CQT,CRl'EC"~-------~-=--==--:~~-DJST}ns~ PER crrr or -.-~.>_,,►, 20-0 1o· 2)" co· eo· POW~~-'::.2~ ·,t,;'-' "'••••w-; ' \DICA\'IIOl71f\l..MTW\N.~TNll'Ol71~ "I.CTIC):~/11t:a:o c rm l 1 ~IC!,., 20 fEri --. --------------',~~:lR31;"c~· SHEET I OF 4 SHEETS TTM 18-005 CITY OF POWAY LEGAL DESCRIPTION A PORTION or TH[ SOUTHWEST OUAATCR OF' THE SOUTH[A.Sf 0UAATOt Ct" S(Cil!:>t. 1.5, TO'flo'NSHIP Jc SOUTli, RANCE 2 WEST, SAN BCRPW'IOINO M(Al~:AN. !Pl T-1[ COUNTY OF SAN Ol[CO, STATE or CALIFORNIA GENERAL NOTES G.;.oss "-~~ 1.660 ACfltS '-CT ARV,: I.J\l4 ...CR£S EXISTING ZONING: RS-7 PRO?OStO ZONING; RS-7 iOT~ NO C"' LOTS: l!i R(SIDCNTIA!. l!,£RE AR( NO SP[CIAL ASstSSI.IEHT ACT PROC[tDIUCS PROPOSED . FIJl:K r::rs w !.t. BE PA.'0 1H ucu or DEOICATION, U,.,•O USE SHALL CONroRt.l TO RS-7 ZOH:NC. •.tX.'11.!t.l PARCEl. SIZE IS 4.500 S0CAR( F!ET NCT. mrs-1 c;.~s »-.o O.M£NSICJNS SHOWN Hal[ON ARC NOT Fl,W. AUO ARE SU6!!':CT TO lilOOlflCATION IN ll-1£ flt,W. OCSICN. £,I.CH LOT HAS AT I.DST 100 SO.ff. Of U'-OIS'l'UR!:CD ACCfSS TO SU•llit.HT cm ri-1[ OlJ!UWltE PORTION or TI-i[ LOT. U7IUTI;:S: Sl'W[R: CITY or POWAY W""T[R: CfTY Of POffAY GAS 6: El.CCTRIC: SAN OIECO CAS 6: filCTRJC T[!.(PIIO'-C:AT,kl n;:: PROT£C1l0),,. CrTY or PO#AY S(:H0:)l.S: POWAY UNIFlm SCHOOL DISTRICT .1.$5::SSOA"S PA.~CEl NUt.lO(R; J1s-120-1a 6: 25 EXISTING EASEMENTS 00§1 PIJ!IUC UTIUlY EASOIENT 10 SA,1-1 Dt[GO C:,.S &: [L£CTR1C COMPANY PER 9K '100. PG 491 REC'D 5-\6-1951. t+OT IIITTHIN SUBJECT PARCa:L SOUNOAAY. 00!2 PUBLIC VTIUTY [AS(MtHf TO s...N DICCO GAS 6: El!CTRiC COMPANY ?£~ -.:sr. NO. 73-23-4327 REC'D 8-21-1973 OOfj SO.ND W-'LL USEt.lENT 10 CHY or PONAY P(R INST. HO. li•t-0651720 RCC"O 12-17-1;91 001~ so•.NO 114!..l CASOIENT to CITY Cl" PCHl""Y PER INST. HO. "\i9t-C651725 RCC'O 12-17-19111 FIRE HYDRANT DISTANCE NOTE ;;..,: O"STANC[S f'ROt.l THE EXISTINC f"IR£ !-M>RAH1 LOCATtO ON CREST ;.~ ernt:EN N't,I Jll!i-JZO-Ol A.'10 APN l16-l20-04 TO THE Pet:OPOSEO 8UJU>INC Dl'if:LOPE ON CACH LOT ARE AS f'OU.OW: 175 ;rr; TO LOT I 25i rtTI TO LOT 2 252 =t:IT 10 LOT J ~~5 f£CT TO LOT 4 1JJ t!"IT TO LOT 5 175 f'tLI TO LOT G EARTHWORK ::1c.1.vAno~~= J,625 c.v. ~\l:l.:..'f..;>,t;:t1T: J,575 C.Y. (X.'°ORT: :,0 C.Y. TOPOGRAPHY INFORMATION 10"'0G'W'HY Su~ BY SIU YEN 6: ASSOCIATtS. INC. ~Tt or SURvn': ~-20-201e. u 1-z w :E :::c u <( I-~ EXHIBIT A VlCINITY MAP NOT TO S::ALE PREPARED FOR: !'RO-Tl~C. LLC CIIRISTAIN C. I.IN-BURNS & JOANNE LIN IJIOOIWtKHAM WAY.SUlll;::r;?OJ POWAY,l"A•l:064 Pt!O~E: 1816J;0-'·0808 PREPARED BY: 1 'i~ OILL YEN&. ASSOCIATES. INC'. OO 'J rl\'11 I ¼l'!U:RINt; · !,l,11\'EYll<lo ~ltt:c M A"-NING 1)011 /•)\\ .\\" ROAi). l'OW.\Y.C" .\ ~151~ \l~llfl'"<l-!lcllO [MAIL:l,;11).....,"-",.ln,!p!WI..-.-.A./~ ?'m s12112ow \\~u.t,:..v YEN. RCqi,7JO Di.TE APPLIC/,~ ,•.1;0 Af'?.tO'•:,lDAT[ =---1= □ C;lYSOi,.f.~IL □ Di:',' SEr;:1CES Dlq£C"IOR PLANNER SIG'.lATU~;. 1.0 W01719 ~l6•frJS January 17, 2023, Item #6 SHEET 2 OF 4 SHEETS ili ,-, I ' L--: ·--·7 \ I i ;~ i-• .. U __ _ '<....:__~~-1 -. -:if--·-· +.-~:;-· i. l ---'-'-------L~,---i ,= ~ _, I_:_ ~_:_-.:_= --:-~-l= ~--" [._:__ --•--l------<..-------<S;!;.S---110 _ -•-;---;--:-'/ . __ SS •--w-7' •, I ,!.,,-.----~~-----<S-----s I ---:-• --;-I --• -. ------· ---· . . i I / &--~ --•-/• ~ --~ -., _ --'"Tl"" =-~--.-::::::·:--~:~:: ~ :;-_ -cc --, ~:: -_L_ > i , --·=-::,_ . .--· . -, '" '". I ,,. ./22, ~---~t.D:HC 16 ·I 1.; I ----~=°'="'--~ ~ .:._~-~ ~~-~1,!• , ; '. ( ' : ' ,,/ , -,,::,. '\".:' ~ ' ' -----.,-...____. <•~----,,. ~,~=~ ,·!•---,,-'"·~--!''?'I .. ,u-co,,010: ·0 I I _' ~ . \ -, .... ~~ I I © /;, -,-~ ''1"""0 ~ s. '" I I EX • i,, --:..:..\[ '·, -----.,.f,; r... l , I I 6 ET / -·r·~ ,.. '""'-. --\ "fl,,.,.,.-: I I I' ;, ~';;\_ I :11 '·.,_ -.< : I : G~~S-~-./' I ~~~:t ,--_\ ____ . -"> : . -,, (1! L /, s··-I . I I )!"?, I ~--.-tmcts ~. :--· · · ',1 I,!~ ,1 I I . '--. I I 0 I . I -,. ' / I I -' J ---i\\'"'·. "f'J,•,~rr I = : ___ .-~/ !) < -•x1sn,.;c~/ ~.'-l.ji iii I . i I "-·-~ : I 1----, ''10) -_) j,... -,J-,,_,, 10 BE ) I ' :_ ' ; t, "-------! I :- : .f I 9 -• ~,ua,ro , : I / 1: I I I i ·1 J\~1-=..::.::_-=--=-~/' ! I I !l' -~.!'-,_,___ ·:...:~-=-\: ; _____ J II '1 I . I I I -., .. -.. I I I I . ----. I I " _..,./ . ;I ! l ,--5_J I -. ':-:._--,:::~: i; : ,. ---L~--~~ ,· I -=::..._-::-_-:: I -----1-.. _J I:_-·---., , , , • -cc.J i: L I I --I """ -+-l ! ·, ---,, __ ----,; :1 -;-,-/ =~'ro ~-_ _J_,-----' p I / .,_,· I ~ --• j ~ . i ;=-i I --~~~-~ ,w·--"'4' I . ,,-,---;;-:7-. -~ I \--"L_[L ~;;&~ ,l__ · ,oo· /~ ._/_ r' 11 : , J . 'I ' -. --, -. , ,, , ··...._ 'i' II-J j ---' ... ,,,. ,("-----,-------7 11 i I ---, 1' '.-1.<~-•• ' \ -,----7',. ,_ , ,-, ', '' I . I J , i .1/,.L-'~t _____ ::.::; __ 7 "1 r ! i. ~ \., ''°"·:t I r" ! -----., !' . : 11 • ·, i l r d1 --'-lj);• 4 I I I I 3 l,~I~--, ·-L~42> ---:-11 ~ 11· ---II .,. -•.\"• : '"-•· ,· "'~ I-,-2 I 1! 7',,, I ~ ,,~.,, I I 1· I ~'!\'-·,,,.,i.'· I . I OSS&HIT I I .. ,, --'7', --.-;·/:~:_~---! 11 I ! ·-·. /:,. ' .. : I I_ 11 i ':,~ .. ,, ! I,:. i·\~ ---,. i 1 " " : , : • r 1 1 1 1 : : · 1 , 1 , ,., •. --'+-I ·,. ,. : 11 • I 37--j -1· -,\ : I I 11 ,.: ---1 :, --1 I , -;; . J I'• ----" I I ' ' ': • ''.-_j__; . \' \ r : '" ·1:11,!-i '...J,jj L_',_· +---.,. -1,· -'\·_~ -~---"~----J _ ! ~ J '. I -~~~ L __ ~ -: , • I"> __ ~--ec-;;;c'.'.\ ,. ._ ,_ . __ ~== cc~;~=---, j• 1 \~-------1--,n ) . ,•,·r,c --.,.,.,_\ •I• ----· _., -----(; l " I h_ / ---' _ ~~. ' -;.______ •--· __ --·• •x---,;. _ ---/ ' .,-~.L -----•-•-,,., . -. ---, .. ,---.-, _,_ ----:~~~,,.~;.~~~ -~" i::-'.::-----=~-=---• = '--•--, -ss---:--~-~ -ss---ss--,...-: ~ss----TTM 18-005 CITY OF POWAY i=IRE SETBACK NOTES CP.!ST RCAD nl0N1-'CE, LOTS 1, 5 AHO 15: &J' .. 1!l' r.::.o,r YARO SCTB,,CK -+ 4!,' AC PA'ltO CRCST ROAD ANO SIDEWALK ::co·~•AY ROJ.D FRONTACC. LOTS 2, J ANO 4: 110' • 20' REAR YAAO SCTSACK -+ 90' At:. PAVCO PC/WAY ROAD AND 51~£\IIAU< CO\IUO!<ol LOT LINES 9E1WEEH LOTS 2 .!r 3, J .!r 4 AND 5 &: II: lu' Siu[ S[T3,1,CI( 'to"fST SIDE LOT 4 "-°'O 5; ~• • 10' SIOC YARO SCTY,CK t 24' AC PAVED O~AY FOR APNS J1!i-1eo-2,. 31&-1so-21. J1e-1et1-2s AHO J1e-1eo-2g ::.:.Si SlOE LOTS 1 A.,.D 2: !O' '" 20· Slot YArlO SCTOACi( -+ 10' ORE WAl..L ON APN 316-320-35 $CUtH SIOi: LOTS 1, 5 AHO 6: JCI' ;:~ YA.RO SCT6,1r,CK p,.o:ji-,WCST SIDE LOT 2. !i' • l!l' ~t.1 YARD SET8ACK + 71' PROPOSED M; PAVED CUL-DE-SAC r;c~Hf.AST Slot or LOT J: ?;' "' 18' rROtlT YN'O SETB,l,CI( + 71' PROPOSED IC. PAVED CVl-OE-5,1,,C t,O'<Tli SK>E LOiS 2 N-1O 3: :,O' SID£ YARD SITa,lr,CI< :.O'iTH SOC LOT '< Jo·s,o:v~sCTBACK STREET TREES NOTE: A IJllllt.lL!I.! c;; (:S:'. Siil!;;i iR!:E 5;,,r,LU EE "ROVootD re" ~-i c~ fr:'. lO'IS "'1.0NG :RESTROA:1. TREES TO REMAIN l/ 2.:.·,;::;p(R u·, ;:u,;>CR ,5 ::z"=Pti"'CR 27 JJ"• EUCA!..Y?TIJS 24"•EUCA!.Y?TUS 251 1!l"•tll:A!.Y?i\!S TREES TO BE REMOVED '.• l6"o FPPER e•,;,c;,;,c=1 12·~ FE.>PER 12", P[.>PER 10·, "~"'[ !!"iJ?i',£ 10 2-'"ap,•;;: 6°fP1'I.E 12 2,·,,;,,,:: 1~ ,l"; -''I.! 1-' 22•,:,.i,u., I!, e•:;:£_:>;,£'! \ij 1,·, FE?P~ 17 43":P!::>HR ,1! 54•· F' • ._:: ~s·• rtPPCR ,i() 24"• PEPPER 21 5"• OLM: 22 3"• \IIJ\.6:RRY 2J 4"•0lf-lr ~ 42"o,?[?PE.Ft 25 ~2•: P;;;>P[R 26 22·~ ?.l.!.M J:l 24"•.>...i.\l Jl 4!!1"• PE?PCR )1 ZJ"• PAU,I PREPARED FOR: PRO-TEC.1.1.C 'Jj1 -~{ ·~ <.36\ 1J_7, ,)!• ~-'ii, ~i, (ii, ..-~ Hi"• PINE 24"•P1N[ 32"• PAJ.,.1.1 20"tP1NE 24"•P1Nt 111·• Pm[ e•• t.lUL.8[RRY J"•OUY[ 12"•P'.s[ 24"• PIN[ 24"•1>CF'PtR JO"• Pl'-1[ CHRISTAIN C. LIN-BURNS&:. JOANNE UN !31001.::IRKH,\~I WAY.surrr.11203 POW,\ Y. t'A 9.106-' Pl!O~E· (858)::?o.a-OKO!t /~~) l4GJ \47, ~. 4e"•PIN[ JO"• P.4J.M JO"• PALM 28"•PINE 1ig) "4•• t.lULSERRY SQ to"•PEP?[R '~] JO"• PCPPO'I: 52 JO"• PCPPrR 5,: 42"• P(PP[R '~J n·• PO'P£R ~-10"• P[PP£R is~ 2•·• PEPPER --~~----_ ----=.--------;;-____ .. ~--___ --: -=-== =· ---~ --_-_-____ -~~------~-----·_· _ .. --~;,si~K~;M~;~~rre~o~,~::~~5~ ~ ~~~:~u~;tw 20· o 10· 20· .,. ,.. _J PREPARED BY: I g~•a ~~-~~Lc.~.~~~t~N~ss~~;.1\~~~;~~:,.~~1:~~1~; 0 A::~;,.';;.~~! Kr~~~/~~"~~~~~~i.. .. ~ .. \[l'IC:'t\W0171t\l.MNV,l.~""'90171~ "l.Onn►. 0,/77/2f:J10 I,. - -..... ••w I (rm) I 1 1'1.C'i,. 20 •t::. ---------------------------·-PAAtD.. DOUNDARY. DOil PUBLIC UTIUTY £ASEM~lT TO SAN c;.:co CAS at ELECTioJC COll-'A.'1."I' PER IHST. NO. 7'-2J4J27 R£c·D B-21-1117J OOIJ SOUHD WAl..L D.SD,iD,'T 10 O'T'r Of' ;,a,,/AY pe,q Jt.:S. N:l. 1991-0651720 REC'D 12-17-1551 O'J#4 SOUND WAl..L EASCW["IT TO CITY or Pr:IN,_Y PER lNSi. '-0. \991-0651725 REC'D 12-17-1991 ,,.;L:_t,,,, 8l~i~!<! W01719 January 17, 2023, Item #6 ii 11 I I i i I ' II ij 11 11 ,I ii I J q o. 13 .~~s ~~ ' .~. ~;f, i a m ~ ~ ., z i5 0 TI ~ !": ~ 0 z '" l ~~ ✓'~~ / -=i 1~ 1 ~• 1-'0fll.llH /? ~ ~: ,~a~, .... ~ ~§~,~ a iJ ' ',~~~~ -7 ~~;; ~ ~§--~ ii --7 ~. la I 1J m ::0 s:: )> z m z -i CJ s:: 1J 0 m -I ~ r en 1J ::0 0 )> 1J zo o en o m 00 z :§: en)> -Ir ::0 r C Ti o m -I z 0 () zm mo xm I S:: -o !!! r -i --I 0 z Q ::j ~ s:: 0~ .,, ' 1J8 0 (JI ! <JJ :i: m m -; w 0 .,., ,. "' :i: m m ~ .__ _________________________________________ _J January 17, 2023, Item #6 54' R-0-W I ~01,.~\ i--r,.-----~ 1 -PAO: '-51S I -~ I DC. Rtf, WALL I 10 8E: REMCNEO CREST ROAD 54_:_R-0-:-W LOT 5 PROP. 1' f.ASOIOO rOR A-0-W PURPOSES _18' 91..DC_,_ _____!£_BUIL0Jli; EM'£LO?l: P'IC?. CO,,:C. 611:C'W OrTC14 JO' aLD::. 715' 8Utl.OIHC [NVtl.OPC """'· ,· "" /-~ -""''""' RE1 • .,,. .... L _,,. 1 PAO, m.eJ CR.ADE ~[W 1.0% -~~~, -=~ SECTION A-A """""' ?RIVATt rn,cc. IS'W.X.1-11. LOT4 10' BLOC S.9. 79' BUll.OIHG EHvC\.OPC POWAY ROAD ,....~T~~:~C , r~RO'°:!% ~[~ -r-J-- -POWAY ROAD I T,,_ __ _ !':~O:,~t.5' ~ I I t I CREST ROAD 54'_R-O-W 'i...!l,_4~• S/W-~. II ... ~ocw= I LOTG t---.,----~ I I PROP. 1' EASEMOO f'OR R-6=W-PURPOSCS LOT 1 DI. B~lO .., -BE RCMOVEO --< ~~~-!{Lll»: ___ 7 pi..c;,. cosc.--' e11ow or:c-s PROP. AC. CJYI PftOP. __ _ ,-,·,cALCT4 ~[ ,..,', -I--+----eAJ>:..-.~ --, LOT 4 LOT 3 R~ElUSTIHGD~AY / SECTION B·B APRON N40 DAIVCWAI', LOT ___ ., J TO ROJHOUISH ACCESS rROW POWAY AOAO PROP. ~• MAX ,'~c:~JsWNG I PRO? CONC. S/W WITl1 CURS A.',10 CUTTtR EX.Bl.DC iO SE R~ru> --~ r 1 //-t.tw LOT UN[ -"""'"" DI.SC-'NOWAl.i. /,..PROrr:r IN PU.:[ rl POWAYROAO ,.a,: . CRAOC DI. RO. WAC., ---~-----I L';..,,, .. ,,o· ,... . r ,/""o"" '" "''" SECTION C-C NOSC,.l.E ....Nt"W LOT UN[ LOT2 ~--, 1 0:. CO,.C. S/W W,'TH L.L-C'JR:1 AHO cum::t l,,_ __ _ I 54• R-o-• 1--;". BlOG l '] 71' BL'l' •. cmc D-'\'tLOPE r.J:sr-:"' N. I PRIVATE: r~NCC. s.e. ____ I _LO ... s.a. ,,....6·1,U,,l(.HT. POWAY ROAD I I LOT 1 :ro• WIN. 70' 8UII.D!NC [PN£1.0PC 20" 111'1. I /PROi'. SOI.I~) WALL BUX. S.3. BLC:; 5.0. // PfiO:>. 4S" !.&J.L _O:ISTING PAO;>. R[i-'INING l'iAL.!.. TO ~ ~~ -PN:>: UM:_ .!:.Q!. ~113;,~ -' // 1,1,1,l"C~-~t;:N:RON. TO :!~ LOT2 SECTION D·D EX. 1)/N Tl) / BE R[V0\!0-/ 1r~~"1:; ~~~?1 // AND C\JTir~ SHEET 4 OF 4 SHEETS TTM 18-005 CITY OF POWAY FIRE DEPARTMENT NOTES 1. THIS Pi,OJi:CT 15 LOCATEO 'NITHJH lHE 1/ERY HICH flRC KAZARD "-~EA Of n-tE CITY ANO IS Ntw co+ISTRUCTION; T"HERtrORE, CA!..JfORNIA i!\JIU)IM~ COOC Ci-v.PlUI 7A AHO POWAY UUNICIPAL. COOE 1~.24 Y,1lL AF-'LY 2. >,U F\A',IM.l.Ol[ YECETATION WITHJN THC AP!>~ f\J(L \10:} FIC,\TIOM ZON( OF" A PARCEL SITE SklU, DC R[wovro PftlOR TO fl-,~ AAIWN... OF" COMBUSTIBI.L t.&ATOIIAI.. ON T"HE PAAetL Silt: ANO S11A.!.1 9E I.IAINTAJN:tl OURIMG TM£ OURATIOH OF TH[ PROJtCT UN'lll ALL fLEV[fflS Of APPROVED flJ[L I.IOOIF'"ICATION ZONtS AA[ !t.'ST.t.U.C!:: A.-,0 APPROI/EO. J. FlRE M'PAR.\TUS ACCESS ROADS SKAL.l. HA.VI: AN UNOOSTRUCTED. 11,1::;;o-..-m WIDTH Of' NOT lLSS tHAN 20 rcrr. DIC(PT 5L'IC!.!-f',o.\l:t..Y R£51DEH'T'.AL ORl'IIEWAYS SERI/INC NO MOR! THAN TWO Lv.=.:c,vro P>RCElS COMlAJNIHG OWE.U.JNC UNITS SMALL KAVE A ll.!•111.t!J Cf 1G rccr O!'" UNOastRUCTCO lt.lPROV£O 'NlDTH. JN l,IOST U.S;;S. THE CIT!' OF POWAY CONSJRUCllOH STAHDAADS FCR SlR[[TS """" "· ,o nw, •ccr.ss ROol.D S>W..L B£ A WINll,IUl,I or 28 ra:T AS MU.SURED TO n-;: l!..'"5.DE [DC[ or n-t( IMPR()YOl(Nf WIO™ on AS N"'PRQVEO !ti' n-;; ;i;;,;: cooc orncw.... ~-r;.:: CAAO\£NT FOR A FIRE APPARATUS ACCESS ROAO'NAY SHALL 1;or £XC£(0 20 P[RC[MT. CRAOES 0:Ctto!NC 15 PCRCENT (INCUt.E" OR O[CLr.,,"[) SHALL et CONS"mUCTED or PORTLANO c:om./1' CCN~ITE {"CC), Wffii A DE[P OROOM nHISfl P(RP[NCICUI..AR lO 1;.;; U '<[CnON Of TRAl/£l. OR EOOIVN...OIT, TO ENHANCE TRACTION. Th;: ;ii:;:[ COO( OrFIClll.1. IJAY R[QUIR[ .IJ;)OffiONAL M~TION IJ~~[S .... -tiERE kE OR SH( OCDIS APPROPRIATE. 5. r;.._:: .i..·/Ct£ er OCPARrtJRE NIO Oi[ ANCL£ OF A.C>f">RO,I.CH Of A n;,:;: ACCESS RQ.l.!)'t,"AY SHAU NOT [XC[tO SE\0/ OCCR[(S (12 P[RCUH) oa:. ,l,.S .1,;>PffOY[O BY TI-4[ nRE C(l()[ OfTICIAL All 0~0-,-!) n_:.;;; J.CCESS ROADS IN 0:CCSS Of" 1!>0 f'[[T IN I.ENCTH s;-a.1,u 3::: FROVID;;D WITH APPRO\ltO PRCMSIONS TI'-'T A!J.J:llt [V[RCL'-lcY .iJ'PA.RATUS TO TVRN JJIOUNO. A eut.-0£-SAC SHAU. 3£ ?RCMOcr> L'-1 RtSJOENTW.. AREAS WHOIE TI-4£ ACCESS RO.\OWAY SERVES wo;!:( THA.'I TWO smucTURCS. TII[ MINIMUM. UN08STRUCTED PAVED R,t,C;;Js mm FOR A CUL-DE-SAC SI-W.L 8( J,!1 rca IN Rtsl~~-.'TI>t JJlr..t.s. 6. BUJ..DINCS A\0 STRUC1URES LOCAltO wnttlN A WIL.Ol.ANO-URBAN INTERrA...'"t: f'.RL AiH'.A SH,IU 0[ SETBACK A l,IJt,IIMUW OF JO f[[T FROM PROPERTY USES AA."0 BiOLOCtCA!. OPOI SPACC CASEMENTS l.lN'SSS T\1£ POWAY MUNICIPAL C00E R[OUIA(S A CRCATER LUNIWUW. '1',,;[N THE PROF~ UN[ "'8UTS A ROADWAY, THC SCT6,t0< Sl-'.JJ..l. er: 1.1£.1,StJR!:D F":01.1 n+c !ARTHEST RONMA.Y [OCC. 7. -;-;.;: ?RO.!£CT Sl-iAU. COUP\.Y WITH stCOON Silt: or TH[ CrTY er ?O"IIA""! !.A.\050,.r~ AND IRRIGATION DESIC.'f MAN\.W. AHO PCYNAY !Jt''iCU:'A!. cti:-E 15.24 AS IT RELATES TO F\.l[L liUiHACO,t[KT AND Oif"ENS:::La: s=-•c~ Qt;( HIJNOR[D F!tT or nm. liWIAG[MD{J co-:sisr,s~ or 40 rccr er ZONE " ANO &0 rtET or ?OH£ e. 1s n~c1.r::;.:.o run. UODIFlCAT'.QN lONCS SHALL Dt MEASURCO FROM n,t rncrs or TI1( PARCU r>AD. TtN f'[[T or vt:CETATIOH f\JEL IJ001=-lCA71Q._ SH.I.LL D( WJKTAJN[O OH 80TH SlOts Of ,1,1,1. OR;vr'fl".\~S. ROADWAYS THAT AR[ NOT Al.REA.DY ....,,.HIN A F\.l(L IJ.&..'ll.~;:vu ... 'T lONC. t.llTICATlOH IS R[OUIR[D Wl-l[N 100 fLET IS NOT .:.cn·rv:.o "IDllN ?AAC(L LIMITS. j,-"£ L!5S TMAN 100 f"Etr SHAU. BE "'ITICAT!O 8Y THE 0:ISTI~ orvnc=M:.NT SVRROUt.00..C TH[ PROPOSCO l"ROJ[CT ANO A!.1. ARtAS \\,T;,,,J{ :;;OJ[CT, ANO WITHIN U.CII PARCEL, SHAU. MEET ZOHC A P.£0\,l.~f:.\IDliS. S. ;:-:. lANOSCAPC Pl.NI REOUlAES A S(J)AllATE l.AN!)SCA.P[ A,NO l:t.=i".~TIC~ PLANS SV8\IITTAI.. PRCPARtO PURSUANT TO TM( OTY OF ;,o,,.,.y l.ANOSCAPC AND IRRIGATIOH OCSICtl lolANWrl R£QU1RE.MOOS. •-~£ !S A S[PAAATC rec roA TI-IIS Pl.AN Cll(C;c: ANO INSPECTION 5;:.~,c~. T11E APPUCAHT SHALL SUDI.IIT ANO RECEIVt SICH£D J.r?RO\'.\L or LA'fOSCAPC ANO IRRIGAflOH Pl..>.NS PRIOR TO 1SSlLlHCE Oi"T'--"::SUUl'.NGPER\IIT. l l. ~ LOT o:c THE SU80MS10N WILL BE RtOUIREO TO HA.VI: A M.',\!l.'V 1-INCH SERVICE LATERAL fROI,( n+C SE~ I.WN TO TH[ 't,~E= V.IT<'..A. PREPARED FOR: PRO-TEC. LI.C CllRISTAII\" C. LIN-HURNS & JOANNE I.IN moo J,,;IRKllAM WAY. SUIT!: •:!O.\ PO\\AY.C,\42064 l'ilO;>.E: 1!,~8) :04-0SOb: PREPARED BY: ''l:i'a nI1.1. YEN & AssocIATEs.INc. 0° -~-Cl\"IL \~..;{;ISf.UUSG SI/R\1.\"IS(, MI 1: l"'l ....... sn,"\; ..tn. 1)(1111'1.)l.l'AY IIOAU, NJ\\",\Y.CA9:0,.I-IJl1 .,s,11,,<l...n10 nlAU.:Nll)ml.\l,<,C,i,:n)ittowlt.-m ---&2..d':.._ :r...,, 8/27/2020 't..U,,\.i.i--Yf..'I. ;;::qJ.J7-'0 -OAT[ \DQl\#0111,~m-:i,,,~ W01719 'I.D;TCl:flj/17/:aJO January 17, 2023, Item #6 DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway January 17, 2023 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk t_/~ (858) 668-4435 or cgallagher@poway.org CITY COUNCIL Second Reading and Adoption of Ordinance 859 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Poway Municipal Code (PMC) Title 15, Adopting by Reference the 2022 California Building Standards Codes, with Local Amendments" The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on December 6, 2022. There were no speakers. Due to the fact Ordinance 859 adopts secondary codes into the Poway Municipal Code by reference, unlike most second readings of ordinances, the second reading must occur at a public hearing pursuant to Government Code section 50022.3. The Ordinance is now presented at a public hearing, properly noticed pursuant to Government Code section 6066, for second reading and adoption by title only. Vote at first reading: Recommended Action: AYES: NOES: LEONARD, FRANK, GROSCH, MULLIN, VAUS NONE ABSTAINED: NONE ABSENT: NONE DISQUALIFIED: NONE It is recommended the City Council take public input, close the public hearing and adopt Ordinance No. 859. Environmental Review: None. Fiscal Impact: None with the adoption of the code amendments. 1 of 35 January 17, 2023, Item #7 Public Notification: An ordinance summary notice was published in the Poway News Chieftain on Thursday, December 15, 2022. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933. Attachments: A. Ordinance No. 859 Reviewed/Approved By: Assistant City Manager 2 of35 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chrflllv City Manager January 17, 2023, Item #7 ORDINANCE NO. 859 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING POWAY MUNICIPAL CODE (PMC) TITLE 15, ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODES, WITH LOCAL AMENDMENTS WHEREAS, On December 3, 2019, the City Council adopted the 2019 Edition of the California Building Standards Codes, including the introduction of a centralized California Fire Code. These codes, which are adopted by reference, have recently been replaced by the 2022 Edition of the California Building Standards Code. This Ordinance amends Chapter 15.02 (Administrative Code), 15.04 (Building Code), 15.08 (Electrical Code), 15.10 (Residential Code), 15.12 (Plumbing Code), 15.16 (Mechanical Code), 15.18 (Energy Code), 15.19 (Historical Building Code), 15.21 (Existing Building Code), 15.22 (Green Building Code), 15.23 (Referenced Standards Code), and 15.24 (Fire Code) of the Poway Municipal Code (PMC). The 2022 Edition codes will go into effect on January 1, 2023. The California Building Standards Commission published the 2022 California Building Standards Code which is based on the 2021 International Building Code, the 2021 International Residential Code, the 2021 International Existing Buildings Code, the 2021 International Fire Code, the 2021 Uniform Plumbing Code, the 2021 Uniform Mechanical Code, and the 2020 National Electrical Code. The purpose of this Ordinance is to update the PMC to the current State-mandated code edition and to incorporate local amendments which address the City's specific needs based upon zoning regulations and unique climate, topography, and geography; WHEREAS, the City Council of the City of Poway finds that the City of Poway has certain climatic, geographic, and topographic features that can have a deleterious effect on emergency services such as fire protection and emergency medical services; WHEREAS, the City Council of the City of Poway finds that the modifications and changes to the 2022 California Fire Code are reasonably necessary because of the local climatic, geographical, and topographical conditions incorporated by reference herein as Exhibit A; WHEREAS, certain amendments to the 2022 California Fire Code are necessary to mitigate said deleterious effects to the extent possible; WHEREAS, California Health and Safety Code Section 17958 requires that jurisdictions adopt building regulations that are substantially the same as those adopted by the California Building Standards Commission; and contained in the California Building Standards Code; WHEREAS, Sections 50022.1 through 50022.10, inclusive, of the California Government Code provide authority for cities to adopt state codes, or portions of state codes, by reference; WHEREAS, code amendments adopted by the State of California shall take precedence over the 2021 International Fire Code language. The 2021 International Fire Code language shall be used for those code sections not adopted by the State; 3 of 35 January 17, 2023, Item #7 Ordinance No. 859 Page 2 WHEREAS, local amendments adopted by the City of Poway shall take precedence over both the 2021 International Fire Code and 2022 California Fire Code provisions; WHEREAS, and on December 6, 2022, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this Ordinance; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: The City Council finds that local climatic; geographical and topographical conditions, including the terrain; high summer month temperatures; population growth rate; housing and occupancy conditions and needs; and the environment existing in the City of Poway constitute conditions which require that the California Building Standards Code be modified as set forth herein. SECTION 3: The City Council hereby approves this ordinance and amends certain sections of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 4: This project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3) in that it entails the adoption of State-mandated Building Codes, with minor amendments, and there is no possibility that this activity will have an effect on the environment. SECTION 5: Chapters 15.02, 15.04, 15.08, 15.10, 15.12, 15.16, 15.18, 15.19, 15.21, 15.22, 15.23, and 15.24, of the PMC shall be amended as follows [entire Chapter is shown]: Chapter 15.02 ADMINISTRATIVE CODE Sections: 15.02.010 Adoption of the California Administrative Code, Part 1, Title 24 of the California Code of Regulations. 15.02.010 Adoption of the California Administrative Code, Part 1, Title 24 of the California Code of Regulations. There is hereby adopted and incorporated by reference herein that certain document known as the California Administrative Code, Part 1, Title 24 of the ~2022 California Code of Regulations, published by the California Building Standards Commission. Said document is adopted without change for the purpose of establishing the administration, organization, and enforcement of rules and regulations for the ~2022 California Code of Regulations adopted by the City. All provisions of the California Administrative Code, 4 of35 January 17, 2023, Item #7 Ordinance No. 859 Page 3 2-0492022 Edition, are referred to, adopted and made a part of this code, as though fully set forth herein. Sections: 15.04.010 Regulations. 15.04.020 15.04.030 15.04.040 15.04.050 15.04.060 Chapter 15.04 BUILDING CODE Adoption of the California Building Code, Part 2, Title 24 of the California Code of Findings. Deletions, revisions, and additions to the 2-0492022 California Building Code. Section 105.2 amended. Table 1505.1 amended. Appendices C, H and I adopted. 15.04.010 Adoption of the California Building Code, Part 2, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City Building Code, for the purpose of prescribing regulations in the City of Poway for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures, the 2-0492022 California Building Code, Part 2, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et seq. which is based on the International Building Code, ~2021 Edition, including those appendix chapters adopted by this chapter. Except as otherwise provided by this chapter and Chapter 15.02 PMC, all erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures within the City of Poway shall be in conformance with the 2-0-4-92022 California Building Code, published by the California Building Standards Commission, which is based on the International Building Code, ~2021 Edition, and the adopted appendix chapters, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478. 15.04.020 Findings. The City of Poway has many large brush-covered hillsides. The City is subject to frequent Santa Ana conditions consisting of dry gusting winds, which create extreme fire dangers. The City Council specifically finds that these geographic and topographic conditions necessitate greater fire protection than that provided by the 2-0492022 California Building Code. Therefore, this chapter alters the International Building Code, ~2021 Edition, to require more fire-retardant roof coverings. 15.04.030 Deletions, revisions and additions to the 2-0492022 California Building Code. Deletions, revisions and additions to the 2-0-4-92022 California Building Code shall be as set forth in PMC 15.04.040 through 15.04.060. 15.04.040 Section 105.2 amended. Section 105.2, exemption 2, of the 2G4-92022 California Building Code is amended to read as follows: 5 of35 105.2 Work Exempt from Permit. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided that the floor area does January 17, 2023, Item #7 Ordinance No. 859 Page 4 not exceed 120 square feet (11.15 m2), except that a permit is required for any structure located in the Very High Fire Hazard Zone. 2. Fences not over 6 feet (1,829 mm) high. 15.04.050 Table 1505.1 Amended. Table 1505.1 of the 204-92022 California Building Code is amended to read as follows: IA 18 A A TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION IIA 118 IIIA 1118 IV A A A A A VA VB A A 15.04.060 Appendices C, H and I adopted. Appendices* Chapters C, H and I of the 204-92022 California Building Code, are adopted. Chapter 15.08 ELECTRICAL CODE Sections: 15.08.010 Adoption of the California Electrical Code, Part 3, Title 24 of the California Code of Regulations. 15.08.01 0 Adoption of the California Electrical Code, Part 3, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City Electrical Code for the purpose of prescribing regulations in the City of Poway for the installation, alteration or repair of electrical systems and permit requirements and inspection thereof, the ~2022 California Electrical Code, Part 3, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, which is based on the National Electrical Code, ~2020 Edition. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all installation, alteration or repair of electrical systems within the City of Poway shall be in conformance with the ~2022 California Electrical Code, published by the California Building Standards Commission, which is based on the National Electrical Code, ~2020 Edition, published by the National Fire Protection Association, Battery March Park, Quincy, Massachusetts, 02269. Sections: 15.10.010 15.10.020 15.10.030 15.10.040 15.10.050 6 of35 Chapter 15.10 RESIDENTIAL CODE Adoption of the California Residential Code, Part 2.5, Title 24 of the California Code of Regulations. Findings. Deletions, revisions and additions. Section R105.2 amended. Section R902.1.2,3-amended. January 17, 2023, Item #7 Ordinance No. 859 Page 5 15.10.060 Appendices* AH, AX, and AZ -19-adopted. 15.10.010 Adoption of the California Residential Code, Part 2.5, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as City Residential Code for the purpose of prescribing regulations in the City of Poway, for the construction, alteration or repair of use and occupancy, location and maintenance of detached one-and two-family dwellings and townhouses not more than three stories above grade plane and permit requirements and inspection thereof, 2-G-t-92022 California Residential Code, Part 2.5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code published by the California Building Standards Commission which is based on the International Residential Code published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478. 15.10.020 Findings. The City of Poway has many large brush-covered hillsides. The City is subject to frequent Santa Ana conditions consisting of dry gusting winds, which create extreme fire dangers. The City Council specifically finds that these geographic and topographic conditions necessitate greater fire protection than that provided by the 2-G-t-92022 California Residential Code. Therefore, this chapter alters the California Residential Code to require more fire-retardant roof coverings. 15.10.030 Deletions, revisions and additions. Deletions, revisions and additions to the 2-G-t-92022 California Residential Code shall be as set forth in PMC 15.10.040 through 15.10.060. 15.10.040 Section R105.2 amended. Section R105.2, exemption 2, of the 2G4-92022 California Residential Code is amended to read as follows: R105.2 Work Exempt from Permit. Building: .1. Other than storm shelters, one-story detached accessory structures, provided that the floor area does not exceed 120 square feet (11.15m2), except that a permit is required for any structure located in the Very High Fire Hazard Zone. 2. Fences not over 6 feet (1,829 mm) high. 15.10.050 Section R902.1.ii amended. Section R902.1 .ii of the California Residential Code is amended to read as follows: R902.1 .ii Roof coverings in all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A. 15.10.060 Appendices* AH, AX and AZ Ft-adopted. Appendices* AH, AX and AZ Ft-of the 2-0492022 California Residential Code is adopted. 7 of35 January 17, 2023, Item #7 Sections: 15.12.010 15.12.020 Chapter 15.12 PLUMBING CODE Ordinance No. 859 Page 6 Adoption of the California Plumbing Code, Part 5, Title 24 of the California Code of Regulations. Appendices G and I adopted. 15.12.010 Adoption of the California Plumbing Code, Part 5, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City Plumbing Code for the purpose of prescribing regulations in the City of Poway for the construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment in or on any building or structure or outdoors on any premises or property, the ~2022 California Plumbing Code, Part 5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq. which is based on the Uniform Plumbing Code, ~2021 Edition. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment within the City of Poway shall be in conformance with the ~2022 California Plumbing Code published by the California Building Standards Commission which is based on the Uniform Plumbing Code, 2Q..:t..g2021 Edition, published by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California, 91789-2825. 15.12.020 Appendices G and I Adopted. Appendices G and I of the California Plumbing Code are adopted. Chapter 15.16 MECHANICAL CODE Sections: 15.16.010 Adoption of the California Mechanical Code, Part 4, Title 24 of the California Code of Regulations. 15.16.010 Adoption of the California Mechanical Code, Part 4, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City Mechanical Code for the purpose of prescribing regulations in the City of Poway for the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances, the 204-92022 California Mechanical Code, Part 4, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq. which is based on the Uniform Mechanical Code, 2Q..:t..g2021 Edition. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances shall be in conformance with ~2022 California Mechanical Code, published by the California Building Standards Commission and any rules and regulations promulgated pursuant thereto. 8 of35 January 17, 2023, Item #7 Sections: 15.18.010 Chapter 15.18 ENERGY CODE Ordinance No. 859 Page 7 Adoption of the California Energy Code, Part 6, Title 24 of the California Code of Regulations. 15.18.010 Adoption of the California Energy Code, Part 6, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City Energy Code for the purpose of prescribing regulations in the City of Poway for the conservation of energy the ~2022 California Energy Code, Part 6, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq. and the California Energy Code, ~2022 Edition. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all construction of buildings where energy will be utilized shall be in conformance with the 2G492022 California Energy Code and any rules and regulations promulgated pursuant thereto, including the California Energy Code, 2G492022 Edition, published by the California Energy Commission. Sections: 15.19.010 Chapter 15.19 HISTORICAL BUILDING CODE Adoption of the 2G492022 California Historical Building Code, Part 8, Title 24 of the California Code of Regulations. 15.19.010 Adoption of the 2G492022 California Historical Building Code, Part 8, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City's Historical Building Code for the purpose of prescribing regulations in the City of Poway to provide alternative building regulations for the rehabilitation, preservation, restoration, or relocation of designated historic buildings, the ~2022 California Historical Building Code, Part 8, Title 24 of the California Code of Regulations, a portion of the ~2022 California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq. (authorized by Health and Safety Code Sections 18950 through 18961). Sections: 15.21.010 Chapter 15.21 EXISTING BUILDING CODE Adoption of the 2G492022 California Existing Building Code, Part 10, Title 24 of the California Code of Regulations. 15.21.01 O Adoption of the ~2022 California Existing Building Code, Part 10, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City's Existing Building Code for the purpose of prescribing regulations in the City of Poway to provide alternative building regulations for the rehabilitation, preservation, restoration, or relocation of existing buildings, the ~2022 California Existing Building Code, Part 10, Title 24 of the California Code of Regulations, a portion of the ~2022 California Building Standards 9 of35 January 17, 2023, Item #7 Ordinance No. 859 Page 8 Code, as defined in the California Health and Safety Code, Section 18901 et seq, which is based on the 2Q.4.g2021 International Existing Buildings Code. Chapter 15.22 GREEN BUILDING STANDARDS CODE Sections: 15.22.010 Adoption of the California Green Building Standards Code, Part 11, Title 24 of the California Code of Regulations. 15.22.010 Adoption of the California Green Building Standards Code, Part 11, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City Green Building Standards Code for the purpose of prescribing regulations in the City of Poway for the enhancement of the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encourage sustainable construction practices the ~2022 California Green Building Standards Code, Part 11, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety code, Section 18901 et seq, and the California Green Building Standards Code. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all construction of buildings shall be in conformance with the 2G-+92022 California Green Building Standards Code and any rules and regulations promulgated pursuant thereto, including the California Green Building Standards Code ~2022 Edition, published by the California Building Standards Commission. Sections: Chapter 15.23 REFERENCED STANDARDS CODE 15.23.010 Adoption of the ~2022 California Referenced Standards Code, Part 12, Title 24 of the California Code of Regulations. 15.23.010 Adoption of the ~2022 California Referenced Standards Code, Part 12, Title 24 of the California Code of Regulations. The California Referenced Standards Code, 2G-+92022 edition, Chapter 15.23 is adopted by reference without change to Buildings and Construction Title 15. Sections: Chapter 15.24 FIRE CODE 15.24.01 O Adoption of California Fire Code. 15.24.020 Administration. 15.24.025 Appeals. 15.24.030 Definitions. 15.24.040 General precautions against fire. 15.24.050 Fire service features. 10 of 35 January 17, 2023, Item #7 Ordinance No. 859 15.24.060 Building services and systems. 15.24.070 Fire sprinkler systems. 15.24.080 Construction requirements for existing buildingsFire safety during construction. 15.24.090 Fire safety during constructionWildland urban interface fire area.:. 15.24.100 Wild land-urban interface fire areaFireworks display.:. 15.24.110 Fireworks displayFlammable and combustible liquids.:. 15.24.120 Chapter 80 Referenced Standardsliquefied petroleum gases.:. Page 9 15.24.130 Appendix B, fire-flow requirements for buildingsChapter 80 Referenced Standards.:. 15.24.140 ConflictAppendix B, fire flow requirements for buildings.:. 15.24 .150 Conflict. 15.24.01 0 Adoption of California Fire Code The City of Poway adopts by reference the 20224-9 California Fire Code, excluding Section 103, and including Appendix Chapters 4 and Appendices B, C,...s, F, H, Land rn, as published by the International Code Council, except those portions that are deleted, modified, or amended by this chapter. One copy of the above-mentioned code has been and is now filed in the office of the City Clerk or the fire code official, City of Poway, and the same is adopted and incorporated as fully as if set out at length herein. From the effective date of the ordinance codified in this chapter, the provisions thereof shall be controlling within the limits of the City of Poway. 15.24.020 Administration. Section 102 .13 is added to read: 102.13 Repeal of conflicting ordinances, resolutions or motions. All former ordinances, resolutions, motions, or parts thereof that are conflicting or inconsistent with the provisions of this Ordinance or of the Code or standards hereby adopted are repealed. Section 104.~8 is modified to read: 104.~8 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the fire code official shall have the authority to grant modifications for individual cases, provided the fire code official shall first find that special individual reason makes the strict letter of this code impracticable, and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The applicant's request for a modification shall state the specific sections(s) for which a modification is requested, material facts supporting the contention of the applicant, the details of the modification or mitigating measure proposed and, if applicable, a map showing the proposed location and citing of the modification or mitigation measure. The details of action granting modifications shall be recorded and entered in the files of the department of fire prevention. Section 104.1 J2-is added to read: 104.1J2-Cost recovery. The purpose of this section is to establish authority to obtain reimbursement from responsible individuals for the expenses of any emergency response and/or enforcement action by the City of Poway to protect the public from criminal or negligent activities, and from fire or hazardous substances. Section 104.1J2-.1 is added to read: 11 of 35 January 17, 2023, Item #7 Ordinance No. 859 Page 10 104.1~2.1 Reimbursement. In accordance with Health and Safety Code Section 13000 et seq., an individual who acts negligently or in violation of the law and thereby requires the jurisdiction to provide an emergency response to a danger posed by a fire or hazardous substance shall be liable for reimbursement to the agency for the costs incurred In accordance with Government Code Sections 53150 through 53158, any individual who is under the influence of an alcoholic beverage, or any drug, or the combined influence of an alcoholic beverage or any drug, and whose negligent operation of a motor vehicle, boat or vessel, or civil aircraft caused by that influence, proximately causes any incident and thereby requires the agency to provide an emergency response, shall reimburse the agency for the cost incurred. Section 105.3.9 is added to read: 105.3.9 Expense recovery. The fire code official may impose a fee for recovery of expenses incurred to enforce the fire prevention provisions of this code. Such expense recovery fees shall be established by a resolution of the City Council. Section 105.6.5~2 is added to read: 105.6.5~2 Christmas tree lots. An operational permit is required to operate a Christmas tree lot with or without flameproofing services. Section 105.6.53 is added to read: 105.6.53 Green waste recycling, mulching, composting operations and storage. A operational permit is required for green waste recycling, mulching, composting operations and storage. 15.24.025 Appeals. Section 11100.1 is modified to read: 11100.1 Appeals procedure established. Whenever the fire code official has denied a permit or other entitlement, or when it is alleged that a mistake has been made in the interpretation or application of the code, the applicant may appeal the decision of the fire code official to the City Manager by filing a written appeal with the City Clerk within 30 days of the decision. If the appeal is denied by the City Manager, the City Manager's decision may be appealed to the City Council by filing a written appeal with the City Clerk within 30 days of the City Manager's decision and paying of the appeal fee set forth in the City's Master Fee Schedule for administrative appeals. Section 11f.0.4 is modified to read: 11f.0.4 Violation penalties. It is unlawful for any person to violate any of the provisions of this Code or standards hereby adopted by reference as a part of this Code, or to fail to comply with any lawful order issued pursuant to this Code, or to violate any permit or condition of approval issued pursuant to this Code. It is further unlawful for any person to fail to comply with any lawful order issued pursuant to this Code by the City Attorney or by a court of competent jurisdiction. A violation of any provision of this Code, or failure to comply with orders or conditions issued pursuant to this Code, shall constitute a 12 of 35 January 17, 2023, Item #7 Ordinance No. 859 Page 11 misdemeanor or (in the discretion of the prosecuting attorney) an infraction, in any event as set forth in PMC Chapter 1.08. In addition to any criminal penalties any violation may also be enforced by civil action, and shall be subject to civil and administrative penalties, as set forth in PMC Chapters 1.08 and 1.10. Section 11~~.4 is modified to read: 11~~.4 Failure to comply. It is unlawful for any person to continue any work after having been served with a stop-work order, except such work expressly identified in the stop-work order as necessary to correct a violation or unsafe condition. 15.24.030 Definitions. The following definitions are added or modified to Section 202: Aerated Static Pile. A composting process that uses an air distribution system to either blm\' or drav.• air through the pile. Little or no pile agitation or turning is performed. Accessory Dwelling Unit. An Accessory Dwelling Unit (ADU) is an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons on the same property as a single-family dwelling in a residential zone. The unit shall meet the definition of an ADU in the Government Code Section 65852.2. Blaster. A person 1Nho has been approved by the Sheriff to conduct blasting operations and who has been placed on the list of approved blasters. The listing shall be valid for one year unless revoked by the Sheriff. Blasting Operation. The uses of an e:xplosive device or e:xplosive material to destroy, modify, obliterate or remove any obstruction of any kind. Blasting Permit. /1, permit issued by the Issuing Officer pursuant to Section 105.6.14. The permit shall apply to a specific site and shall be valid for a period not to e:xceed one year. Blast Site. The geographically defined area, as shown on a project map or plot plan, where a blaster is authorized by a blasting permit issued under Chapter 56 to conduct a blasting operation. Blast Site. The geographically defined area, as shown on a project map or plot plan, 1Nhere a blaster is authorized by a blasting permit issued under Chapter 56 to conduct a blasting operation. Chipping and Grinding. An activity that mechanically reduces the size of organic matter. Combustible Vegetation. Material that in its natural state will readily ignite, burn and transmit fire from native or landscape plants to any structure or other vegetation. Combustible vegetation includes dry grass, brush, weeds, litter or other flammable vegetation that creates a fire hazard. Composting Operations. An operation that is conducted for the purpose of producing compost and shall be by means of one or a combination of the follo•Ning processes used to produce a compost product: static pile, windrow pile, or aerated static pile. 13 of 35 January 17, 2023, Item #7 Ordinance No. 859 Page 12 Dead End Road. /\ road that has only one point of vehicular ingress/egress, including cul de sacs and looped roads. Defensible Space. An area either natural or man-made, where material capable of allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur. Distance measurements for defensible space shall be measured on a horizontal plane and in accordance with Section Four of the City of Poway Landscape and Irrigation Design Manual. Fire Access Road or Fire Access Roadway. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane, access roadway, and driveway. Fire Authority Having Jurisdiction (FAHJ). The designated entity providing enforcement of fire regulations as they relate to planning, construction, and development. This entity for the City of Poway also provides fire suppression and other emergency services. Fire Department. Any regularly organized fire department regularly charged with the responsibility of providing fire protection to the jurisdiction. Fire Hazard. Anything that increases or could cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing, or extinguishing fire; or anything or act, which could obstruct, delay, hinder, or interfere with the operations of the fire department; or egress of occupants in the event of fire. Fire Protection Plan (FPP). The FPP is a document prepared for a specific project or development proposed in the wildland-urban interface fire area that describes ways to minimize and mitigate potential loss from wildfire exposure, with the purpose of reducing impact on the community's fire protection delivery system. Fuel Break. An area, strategically located for fighting anticipated fires, where the native vegetation has been permanently modified or replaced so that fires burning into it can be more easily controlled. Fuel breaks divide fire-prone areas into smaller areas for easier fire control and to provide access for fire-fighting. Fuel Modification Zone. A strip of land where combustible vegetation has been thinned or modified or both and partially or totally replaced with approved fire-resistant and/or irrigated plants to provide an acceptable level of risk from vegetation fires. Fuel modification reduces the radiant and convective heat on a structure and provides valuable defensible space for firefighters to make an effective stand against an approaching fire front. Green VVaste. Organic material that includes, but is not limited to, yard trimmings, plant waste, manure, untreated wood wastes, paper products, and natural fiber products. Hazardous Fire Area. Any geographic area mapped by the State or designated by a local jurisdiction as a moderate, high or very high fire hazard area or which the FAHJ has determined is a hazardous fire area, because the type and condition of vegetation, 14 of 35 January 17, 2023, Item #7 Ordinance No. 859 Page 13 topography, weather and structure density increase the probability that the area will be susceptible to a wildfire. Hogged Materials. Mill waste consisting mainly of hogged bark but may include a mixture of bark, chips, dust, or other by products from trees and vegetation. Mulching. the process by which mixed green waste is mechanically reduced in size for the purpose of making compost. Open Space Easement. Any right or interest in perpetuity or for a term for years in open-space land, as that term is defined in Government Code section 51051, acquired by the County, a city or a nonprofit organization where the instrument granting the right or interest imposes restriction on use of the land, to preserve the land for public use or enjoyment of the natural or scenic character of the land. Response Time. The elapsed time from the fire department's receipt of the first alarm to when the first fire unit arrives at the scene. Travel Time. The estimated time it would take for a responding agency to travel from the fire station to the furthest structure in a proposed development project, determined by measuring the safest, most direct, appropriate, and reliable route with consideration given to safe operation speeds for heavy fire apparatus. Windrow Composting Process. The process in which compostable material is placed in elongated piles. The piles or v,iindrows are aerated and/or mechanically turned on a periodic basis. Wood Chips. Chips of various species of wood produced or used in chipping and grinding operations. 15.24.040 General precautions against fire. Section 304.1.4 is added to read: 304.1.4 Outdoor carnivals and fairs. Outdoor carnivals and fairs shall only be conducted on grounds free of combustible vegetation or trimmed to the satisfaction of the FAHJ. Section 305.6 is added to read: 305.6 Rockets, model aircraft and similar devices. Rockets, model airplanes, gliders, balloons, sky lanterns, floating luminaries or similar devices-powered with an engine, propellant, open flame, or other feature liable to start or cause a fire shall not be projected into or across hazardous fire areas without prior approval of the fire code official. Section 307.5 is modified to read: 307.5 Attendance. Open burning, bonfires, recreational fires and the use of portable outdoor fireplaces shall be constantly attended by an adult until the fire is extinguished. A minimum of one portable fire extinguisher complying with section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. 15 of 35 January 17, 2023, Item #7 Section 321_4 is added to read: SECTION 321_4 STORAGE OF FIREWOOD Ordinance No. 859 Page 14 321_4.1 General. Firewood shall not be stored in unenclosed space beneath a building or structure, on a deck or under eaves, a canopy or other projection or overhang. Wi=leR required by the fire code official, ffirewood or other combustible material stored in the defensible space surrounding a structure shall be located at least 30 feet from any structure and separated from the crown of any trees by a minimum of 15 feet, measured horizontally. Firewood and combustible materials not for use on the premises shall be stored so as to not pose a fire hazard. 15.24.050 Fire service features. Section 503.2.1 is modified to read: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed, improved width of not less than 20 feet, except single-family residential driveways serving no more than two improved parcels containing dwelling units shall have a minimum of 16 feet of unobstructed improved width. In most cases, the City of Poway construction standards for streets (Chapter 12.20 PMC) will be more restrictive. The more restrictive standard shall apply. Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Exceptions: 1. Upon approval by the fire code official, vertical clearances or width may be reduced provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. 2. Fire access roadways, gated entrances with card readers, guard stations, or center medians, which have separated lanes of one-way traffic shall be not less than 12 feet wide per lane. Section 503.2.3 is modified to read: 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 pounds ~ geotechnical report unless authorized by the FAHJ and shall be provided with an approved paved surface so as to provide all-weather driving capabilities. A paved surface shall mean asphalt, concrete, or ~permeable paver system, except that decomposed granite is permissible for residential driveways. Section 503.2.4 is modified to read: 503.2.4 Turning Radius. The turning radius of a fire apparatus access road shall be a minimum of 28 feet as measured to the inside edge of the improvement width or as approved by the fire code official. Section 503.2.5 is modified to read: 16 of 35 January 17, 2023, Item #7 Ordinance No. 859 Page 15 503.2.5 Dead Ends. All dead-end fire access roads in excess of 150 feet in length shall be provided with approved provisions that allow emergency apparatus to turn around. A cul-de-sac shall be provided in residential areas where the access roadway serves more than two improved parcels. The minimum, unobstructed paved radius width for a cul-de-sac shall be 38 feet in residential areas. The fire code official shall establish a policy identifying acceptable turnarounds for various project types. Section 503.2. 7 is modified to read: 503.2. 7 Grade. The gradient for a fire apparatus access roadway shall not exceed 20 percent. Grades exceeding 15 percent (incline or decline) shall be constructed of Portland cement concrete (PCC), with a deep broom finish perpendicular to the direction of travel, or equivalent, to enhance traction. Grades exceeding 10 percent shall be constructed of asphalt or PCC. Permeable paver systems shall not be used for grades exceeding 10 percent. Section 503.2.8 is modified to read: 503.2.8 Angles of Approach and Departure. The angle of departure and the angle of approach of a fire access roadway shall not exceed seven degrees (12 percent) or as approved by the fire code official. Section 503.3.1 is added to read: 503.3.1 Marking of Fire Apparatus Access Roads. When required, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. All new public roads, all private roads within major subdivisions, and all private road easements serving four or more parcels shall be named. Road name signs shall comply with City of Poway Supplemental Engineering Standards, Street Sign Specifications. The fire code official may require the posting of a fire access roadway where parking has obstructed or could obstruct the required width. Section 503.6.1 is added to read: 503.6.1 Security Gates. All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key-operated switches overriding all command functions and opening the gate(s). Gates accessing more than four residences or residential lots, or gates accessing hazardous institutional, educational or assembly occupancy group structures shall also be equipped with approved emergency traffic control-activating strobe light sensor(s), or other devices approved by the fire code official, which will activate the gate on the approach of emergency apparatus with a battery backup or manual-mechanical disconnect in case of power failure. Section 505.1 is modified to read: 505.1 Address Numbers. Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Address numbers shall contrast with their background and meet the City of Poway standards. Additional address numbers may be required where deemed necessary by the 17 of 35 January 17, 2023, Item #7 Ordinance No. 859 Page 16 fire code official. Accessory dwelling units and junior accessory dwelling units shall require separate addresses. When required by the fire code official, roof numbers shall be installed meeting current fire department standards. Section 505.3 is added to read: 505.3 Easement Address Signs. All easements which are not named differently from the roadway from which they originate, shall have an address sign installed and maintained, listing all street numbers occurring on that easement located where the easement intersects the named roadway. The minimum size of the numbers on that sign shall be four inches in height with a minimum stroke of 3/8 inch and shall contrast with the background. Section 505.4 is added to read: 505.4 Map/Directory. A lighted directory map, meeting current fire department standards, shall be installed at each driveway entrance to multiple unit residential projects and mobile home parks, where the number of units in such project exceeds 15. Section 506.1 is modified to read: 506.1 Key Boxes. When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life saving or firefighting purposes, the fire code official is authorized to require a key box to be installed in an accessible location. The key box shall be a type approved by the fire code official and shall contain keys to gain necessary access. Section 506.2.1 is added to read: 506.2.1 Emergency Key Access. All central station-monitored fire detection systems and fire sprinkler systems shall have an approved emergency key access box on site in an approved location. The owner or occupant shall provide and maintain current keys for the structure(s) for fire department placement in the box and shall notify the fire department in writing when the building is re-keyed. Section 507.2.2 is modified to read: 507.2.2 Water Storage Tanks. Water storage tanks, when permitted by the fire code official, shall comply with Table No. 507.2.2 and installed in accordance with NFPA 22. TABLE NO. 507.2.2 Gallons Per Building Minute Water Capacity Duration Square Feet Flow Gallons Minutes Up to 3,600 10,000 40 3,601 to 7,700 250 15,000 60 18 of 35 January 17, 2023, Item #7 7,701 and above / 333 I 20,000 I Ordinance No. 859 Page 17 60 When the exposure distance is 100 feet or less from an adjacent property or the severity of the potential fire risk has been determined to exist, an increase in water storage may be required by the fire code official. 1. Tank elevation shall be equal to or higher than the fire department connection on the premises. Regardless of domestic use, all tanks shall be equipped with a device that will ensure that the tank contains the designated amount of water for fire flow duration as determined by the Fire Department. Tank size may be increased to serve multiple structures on a single parcel. 2. The supply outlet shall be at least four inches in diameter from the base of the tank to the point of outlet at the fire department connection. The fire department connection shall be at least one 4-inch National Standard Thread (male), reduced to one 2 1/2-inch National Standard Thread (male). Additional outlets may be required. 3. Tanks that are supplied by municipal water, when permitted by the fire code official, shall have a capacity of 10,000 gallons provided that the sole use of these tanks is for fire protection purposes. 4. Location of fire department outlet shall be determined on the plot plan when submitted to the fire department. Consideration will be given to factors such as topography, elevations, and distance from structures, driveway access, and prevailing winds. 5. The outlet shall be located along an access roadway and shall not be closer than 50 feet or further than 150 feet from the structure. 6. All exposed tank supply pipes shall be of an alloy or other material listed for above-ground use. Adequate support shall be provided. 7. Water storage tanks shall be constructed from materials approved by the fire code official and installed per manufacturer recommendations. 8. The fire code official may require any necessary information be submitted on a plot plan for approval. 9. Vessels previously used for products other than water shall not be permitted. Section 507.3 is modified to read: 19 of 35 507.3 Fire Flow Requirements. Fire flovvs shall be based on Appendix B. Consideration should be given to increasing the gallons per minute set forth in Appendix B to protect structures of extremely large square footage and for such reasons as poor access roads, grade and canyon rims, hazardous brush, and response times greater than five minutes by a recognized fire department or fire suppression company. In hazardous fire areas, the main capacity for ne1N subdivisions shall not be less than 1,500 gallons per minute, unless otherwise approved by the fire code official. If fire flow increases are not feasible, the fire code official may require alternative design standards such as alternative types of construction providing a higher level of fire resistance, fuel break requirements which January 17, 2023, Item #7 Ordinance No. 859 Page 18 could include required irrigation, modified access road requirements, specified setback distances for building sites addressing canyon rim developments and hazardous brush areas, and other requirements authorized by this Code and as specified by the fire code official. 15.24.060 Building services and systems. Section 60§_~.8.1 is modified to read: 60§_~.8.1 Residential Incinerators. Residential incinerators shall be prohibited. 15.24.070 Fire sprinkler systems. Section 903.2 is modified to read: 903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section. For the purpose of fire sprinkler systems, buildings separated by less than ten feet from adjacent buildings shall be considered as one building. Fire barriers, partitions, and walls, regardless of rating, shall not be considered as creating separate buildings for purposes of determining fire sprinkler requirements. Mezzanines shall be included in the total square footage calculation. Exceptions: 1. Agricultural buildings constructed of wood or metal frames over 1.vhich fabric or similar material is stretched 1.vhich are specifically used as green houses are exempt from fire sprinkler requirements unless they are physically connected to other structures. 2. Group U occupancies not greater than 749 square feet, when the building is 10 feet or more from an adjacent structure or property line. All occupancies within the City of Poway: New New Additions All Gccupancies Additions Residential Gccupancies Gccupancies (Except Residential) located in the City's 11-ery high (Except Residential fire hazard area* Residential) /\II buildings Required per Additions of more than 213% of Residences may be required greater than California the square footage of an existing to install a Sprinkler system a,ooo sq. ft. Residential building, which results in a wl=len tl=le proposeEI adElition is Geae stFUcture of a,000 square feet or more tl=lan 749 square feet more, sl=lall be requireEI to be wl=licl=I results in a structure of protected tl=lrougl=lout the entire 3,@00 square feet or more structure witl=I a sprinkler system when structurally feasible. consistent i.•.iith this section. Residences may be required 20 of 35 January 17, 2023, Item #7 Section 903.3 is modified to read: Ordinance No. 859 Page 19 te iAstall a spFiAkleF system wl=leA tl=le pFepeseEl aElElitieA is mern tl=laA 749 square feet WRiSR results iA aA iASFease iA squaFe feetage ef meFe tl=laA aG peFSeAt wl=leA strust1::1Fally feasible aAEl 'NReA a spesial l=lai!:aFEl SUSA as a substaAElarEl water supply eF a substaAElaFEl assess e*ists. StaAElaFEls feF water supply aAEl assess arn ElefiAeEl by SestieA 1 a.24 .GaG ef tl=le Peway MuAisipal CeEle. Wl=leA spFiAkleFS are FequiFeEI uAEler tl=lis sestieA, tl=le strustuFe sl=lall be requiFeEl te be prntesteEl tl=lrnugl=leut tl=le eAtire stFusture witl=I a spFiAkleF system seAsisteAt witl=I tl=lis sestieA. 903.3 Installation Requirements. Automatic sprinkler systems shall be designed and installed in accordance with Sections 903.3.1 through 903.3.8. The system shall be designed 10% below ("off the top") available water source pressure during peak usage. Section 903.3.1.1.4J is added to read: 903.3.1.1.4J System Design. Occupancies referred to as "spec buildings" wherein no specific end use is identified at the time of plan check, the sprinkler system shall provide a density of 0.45 gallons per minute per square-foot for a 3,000-square-foot design area. Section 903.3.1.3.1 is added to read: 903.3.1.3.1 Water Supply Design. 1. Ne1N stFUstuFes less tl=laA 7aG square feet iA sii!:e sl=lall be equippeEl witl=I a miAimum of 3/4 iAsl=I wateF seFvise liAe aAEl 3/4 iAsl=I 'Nater meter. New structures moFe tl=laA 749 square feet iA sii!:e shall be equipped with a minimum one-inch water service line and one-inch water meter. SestioA 9G3.4, E*septioA 1, is meElifieEl te rnaEl: 21 of 35 January 17, 2023, Item #7 Ordinance No. 859 Page 20 Exception 1 Automatic sprinkler systems 1Nith less than 100 fire sprinklers protecting one and two family d1Nellings. 15.24.080 Construction Requirements for Existing Buildings Section 1103.5 Sprinkler systems is modified to read: An automatic sprinkler system shall be provided in existing buildings in accordance with Sections 1103.5.1 through 1103.5.5, and all existing buildings and structures with an existing fire sprinkler system(s) undergoing improvements and/or additions shall be provided with approved fire sprinkler protection in accordance with the appropriate NFPA design. 15.24.o~go Fire safety during construction. Section 3318 is added to read: Section 3318 Fuel Modification Zones 3318.1 General. Any person doing construction of any kind which requires a building permit and includes installation of a fuel modification zone, shall remove all flammable vegetation within the approved fuel modification zone prior to the arrival of combustible material on the site and shall maintain during the duration of the project until all elements of approved fuel modification zones are installed and approved. 15.24JQ90 Wildland-Urban Interface Fire Area Section 4903 is added to read: SECTION 4903 FIRE PROTECTION PLAN 4903.1 When required. The Development Services Department or the FAHJ may require an applicant for a parcel map, subdivision map, minor development review application, development review, specific plan or major use permit for any property located in a wild land-urban interface fire area to submit a Fire Protection Plan (FPP) as part of the approval process. 4903.2 Contents. The FPP shall consider location, topography, geography, aspect, combustible vegetation (fuel types), climatic conditions and fire history. The plan shall address the following in terms of compliance with applicable codes and regulations, including.,_ but not limited to.,_;. water supply, vehicular and emergency apparatus access, travel time to nearest serving fire station, structural ignitability, structure set back, ignition-resistive building features, fire protection systems and equipment, impacts to existing emergency services, defensible space.,, and vegetation management. The plan shall recommend measures to reduce the ignitability of structures throughout the area being addressed. Section 4907.21, is added to read: 22 of 35 January 17, 2023, Item #7 Ordinance No. 859 Page 21 4907.~ General Fire Setbacks. Within Rural Residential Zones, except for noncombustible buildings and structures, g.Quildings and structures located within a wildland-urban interface fire area shall be setback a minimum of 30 feet from property lines and biological open space easements unless the Poway Municipal Code requires a greater minimum_or if existing legally permitted buildings and structures are located within 30 feet of the property line (legal nonconforming), then the existing distance from the property lot line established by the nonconforming portion of the building shall be used as the required setback distance for any detached accessory structures or additions to that building. When the property line abuts a roadway, the setback shall be measured from the farthest roadway edge. Exception: When the fire code official determines the hazard from a wildland fire is not significant or when the terrain, parcel size or other constraints on the parcel make the required setback infeasible, this setback may be reduced to less than 30 feet when additional measures are employed to the satisfaction of the fire code official. No other exceptions to the General Fire Setback is permissible except for the creation of Accessory Dwelling Units and Junior Accessory Dwelling Units as defined in PMC Title 17. Section 4907.J.§ is added to read: 4907.J.§ Structure Setback from Slope. Single-story structures shall be setback a minimum 15-feet horizontally from top of slope to the farthest projection from a roof. A single-story structure shall be less than 12-feet above grade. A two-story structure shall be setback a minimum of 30-feet horizontally from top of slope to the farthest projection from a roof. Structures greater than two stories may require a greater setback when the slope is greater than 2 to 1. Exceptions: 1. Structures constructed with a noncombustible exterior wall adjacent to the slope, no openings adjacent to the slope, no combustible attachments to the exterior wall adjacent to the slope, and no roof eaves adjacent to the slope. 2. There exists no open wildland fuel area directly adjacent or juxtaposed to the structure, and the slope is directly adjacent to developed parcels with fuel management principals in place. 3. The fire code official determines the hazard to be minimal. Section 4907.4§ is added to read: 4907.4§ Fuel Modification. A person owning, leasing, controlling, operating or maintaining a building or structure in or adjoining a hazardous fire area, and a person owning, leasing or controlling land adjacent to a building or structure in or adjoining a hazardous fire area shall maintain an effective fuel modification zone by removing, clearing or modifying combustible vegetation and other flammable materials from areas within 100-feet from each building or structure, or as determined by the fire code official as further described below. With the approval of the fire code official, the width of the fuel modification zone may be reduced where ignition-resistant construction or other mitigation measures are 23 of 35 January 17, 2023, Item #7 24 of 35 Ordinance No. 859 Page 22 implemented. The fuel modification zone shall be maintained according to applicable defensible space and vegetation management policies, the Wildfire Defensible Space Program and the City of Poway Landscape and Irrigation Design Manual. Exceptions: 1. Single specimens of trees, ornamental shrubbery or similar plants used as ground cover, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure. 2. With the approval of the fire code official, the width of the fuel modification zone may be reduced where ignition-resistant construction or other mitigation measures are implemented. Fuel Modification Zones. Zone O "Immediate Zone" from O to 5 feet. This zone shall consist of the area under and around buildings or structures and measures from the exterior wall surface or edge, patio, deck, or attachments to, and extending out to 5 feet. This zone shall be constructed of continuous hardscape or non-combustible materials. The use of natural mulch and other combustible materials shall be prohibited. Zone 1 "Intermediate Zone" from 5 to 30 feet. This zone shall consist of 25 feet of planting of low growth, drought tolerant and fire resistive plant species from 5 to 30 feet or to the property line, whichever is closer. Vegetation in this zone shall be irrigated and planted in accordance with the City of Poway Landscape and Irrigation Design Manual. Zone 2 "Extended Zone" from 30 to 100 feet. This zone shall consist of 70 feet of maintained vegetation from 30 to 100 feet, or to the property line, whichever is closer. Vegetation in this zone shall be maintained in accordance with the City of Poway Landscape and Irrigation Design Manual. January 17, 2023, Item #7 Figure 4907.4§. Measurements of Fuel Modification Distance Ordinance No. 859 Page 23 I uomOOified I Fuel ' --1ooree~ Modifie;-7 100 feer----.. d Horizontal plane Unmodified Fuel : ....................................................................................................................................................................................................................................................................................................................... i 25 of 35 January 17, 2023, Item #7 Section 4907.4§.1 is added to read: Ordinance No. 859 Page 24 4907.4§.1 Fuel Modification of Combustible Vegetation from Sides of Roadways. The FAHJ may require a property owner to modify combustible vegetation in the area within ~ 10 feet from each side of the driveway or a public or private road adjacent to the property to establish a fuel modification zone. The FAHJ has the right to enter private property to ensure the fuel modification zone requirements are met. Exception: The FAHJ may reduce the width of the fuel modification zone if it will not impair access. Section 4907.4§.2 is added to read: 4907.4§.2 Community Fuel Modification. The FAHJ may require a developer, as a condition of issuing a certificate of occupancy, to establish one or more fuel modification zones to protect a new community by reducing the fuel loads adjacent to a community and structures within it. Section 4907.aZ is added to read: 4907.aZ Land Ownership. Once a fuel modification zone has been established under section 4907.4§, the land on which the zone is located shall be under the control of an association or other common ownership established in perpetuity, for the benefit of the community to be protected. Section 4907.e§. is added to read: 4907.e§. Maintenance of Defensible Space. Any person owning, leasing, controlling, operating or maintaining a building or structure required to establish a fuel modification zone shall maintain the defensible space. The FAHJ may enter the property to determine if the person responsible is complying with this section. The FAHJ may issue an order to the person responsible for maintaining the defensible space directing the person to modify or remove non-fire resistant vegetation from defensible space areas, remove leaves, needles and other dead vegetative material from the roof of a building or structure, maintain trees as required or to take other action the FAHJ determines is necessary to comply. Section 4907.~+ is added to read: 26 of 35 4907.~+ Landscape Plans. Landscape plans are required for new residential custom homes, production tract homes, multi-family residential, and commercial buildings. Landscape plans shall be submitted and approved by the Development Services Department and the fire code official prior to the issuance of a building permit. Landscape plan submittals shall follow the submittal requirements found in the Landscape and Irrigation Design Manual and shall, at a minimum, include a readable scale, the delineation of 100-foot fuel modification zones, the existing vegetation, all irrigated areas, a plant legend with both botanical and common names, and identification of all plant material symbols. The fire code official may expand or reduce the distance of the fuel modification zones based on project location, surrounding vegetation, and topography. January 17, 2023, Item #7 Ordinance No. 859 Page 25 Section 4907-1Q+.1 is added to read: 4907JQ+.1 Landscape Installation. All landscaping shall be installed prior to final inspection for issuance of a certificate of occupancy. 15.24.1100 Fireworks display. Section 5608. 1 is modified to read: 5608.1 General. Outdoor fireworks displays, use of pyrotechnics before a proximate audience and pyrotechnic special effects in motion picture, television, theatrical and group entertainment productions shall comply with California Code of Regulations, Title 19, Chapter 6 and Poway Municipal Code. The Fire Chief is the Issuing Officer for any fireworks permit required by this Chapter. The Fire Chief may delegate the duties of Issuing Officer at his or her discretion. Section 5608.1.1 is modified to read: 5608.1.1 Scope. The possession, manufacture, sale, storage, use and display of fireworks are prohibited in the City of Poway except as provided in the Poway Municipal Code. 15.24 .110 Flammable and combustible liquids. Section 5704.2.9.6.1 is modified to read: 27 of 35 5704.2.9.6.1 Location Where Above Ground Storage Tanks are Prohibited. The limits referred to in Sections 5704 .2.9.6.1 and 5706.2.4 .4 of the 2019 California Fire Code and the 2018 International Fire Code in 1.vhich storage of flammable or combustible liquids in outside abo1,e ground tanks is prohibited are hereby established as the jurisdictional limits of the City of Poway. Exceptions: 1. VVith the fire code official's approval, Class I and II liquids may be stored above ground outside of buildings in specially designed, approved, and listed containers 1Nhich have features incorporated into their design 1Nhich mitigates concerns for exposure to heat, ignition sources, and mechanical damage. Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment. The fire code official may disapprove the installation of such containers 1,e.ihen in his or her opinion, their use presents a risk to life or property. Storage in such tanks on any site shall not exceed 550 gallons for Class I or 1,100 gallons of Class II liquids. In no case shall such storage be permitted 1Nithin 100 feet of any residential or institutional setting. Venting shall meet Fire Code and Air Pollution Control District standards, "No Smoking" signs shall be provided, and the tank shall be marked accordingly. 2. Crankcase draining may be stored in specially constructed above ground storage tanks, approved by the fire code official with a maximum capacity of 550 gallons. Such tanks may be located 1Nithin a building when the fire code official deems appropriate, and January 17, 2023, Item #7 Ordinance No. 859 Page 26 the container must be a specially designed, approved, and listed container which has features incorporated into its design which mitigate concerns for exposure to heat, ignition sources, and mechanical damage. Containers must be installed and used in accordance 1Nith their listing, and provisions must be made for leak and spill containment. In no case shall such storage be permitted in residential or institutional property. 3. With the fire code official's approval, temporary storage of a maximum of 10,000 gallons of Class II liquids may be permitted for a period not to exceed 90 days at remote construction sites and earth moving projects consistent with Sections 5704 and 5706. The follQl.~,iing criteria shall be applied in areas within the South Poway Business Park, 1Nhich are designated commercial, light industrial, or industrial park. With the fire code official's approval, Class I and II liquids may be stored above ground outside of buildings in specially designed, approved, and listed containers which have features incorporated into their design which mitigate concerns for exposure to heat (two hour fire resistance), ignition sources, and mechanical damage. Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment. Storage in such tanks on any site shall not exceed 5,000 gallons for Class I or 10,000 gallons for Class 11 liquids. The fire code official may disapprove the installation of such containers when, in the fire code official's opinion, their use presents a risk to life or property. In no case shall such storage be permitted on residential or institutional property. A permit shall be obtained from the Fire Department follo•,a.iing the approval of submitted plans prior to installation. Tanks shall be required to be secured by fencing and to have appropriate signage. Temporary above ground tanks for storage of Class I liquids of a maximum capacity of 550 gallons or Class II tanks with a maximum capacity of 10,000 gallons may be installed for a maximum of 90 days under specific restrictions and safeguards, on remote, isolated, secured construction sites, earth moving projects, gravel pits, or borrow pits when approved by the fire code official. Section 5705.2.4 is modified to read: 5705.2.4 Transferring Class I, II or Ill liquids. Class I or II liquids or Class Ill liquids that are heated up to or above their flash points shall be transferred by one of the following methods: 1. From safety cans complying with UL 30. 2. Through an approved closed piping system. 3. From containers or tanks by an approved pump taking suction through an opening in the top of the container or tank. 4. Approved engineered liquid transfer system. Exception: Liquids in containers not exceeding a 5.3 gallon (20 L) capacity. Section 5706.2.4 .4 is modified to read: 5706.2.4.4 Locations where above ground tanks are prohibited. The geographic limits in which the storage of Class I and Class II liquids in above ground tanks is prohibited in residential areas is hereby established as jurisdiction limits of the City of Poway. Section 5706.2.5.2.1 is added to read: 5706.2.5.2.1 Limitations on tanks for gravity discharge. Gravity dispensing of Class I or 28 of 35 January 17, 2023, Item #7 Ordinance No. 859 Page 27 II liquids or Class Ill liquids that are heated up to or above their flash points is prohibited. Dispensing devices for flammable and combustible liquids shall be of an approved type. Approved pumps taking suction from the top of the tank shall be used. Flammable or combustible liquids shall not be dispensed by a device that operates through pressure Y.'ithin a storage tank. Air or oxygen shall not be used to pressurize an aboveground tank. Section 5706.2.8.2 is added to read: 5706.2.8.2. Tank vehicle as a substitute for permanent tank prohibited. The use of a tank vehicle in a stationary manner as a substitute for an approved above ground or below ground fuel tank is prohibited. Section 5806.2 is modified to read: 5806.2 Limitations. The geographic limit in which the storage of flammable cryogenic fluids in stationary containers is prohibited is hereby established as jurisdiction limits of the City of Poway. 15.24 .120 Liquefied petroleum gases. Section 6104 .2 is modified to read: 6104 .2 Maximum Capacity VVithin Established Limits. The geographic limits in 1Nhich the bulk storage of liquefied petroleum gas is prohibited for the protection of heavily populated and congested areas is hereby established as jurisdiction limits of the City of Poway except for areas specifically zoned by the City for such uses. Section 6107.5 is added to read: 6107.5 Securing Tanks to Ground (Liquefied Petroleum Gases). Tanks shall be secured to prevent the tank from rolling or moving 1Nhen required by the FAHJ. 15.24.1.f.J0 Chapter 80 Referenced Standards. The following referenced standard of the California Fire Code is modified to read: NFPA 13D is modified to read: Section 7.1.5 is added to read: 29 of35 7.1.5 Pressure-regulating valve. When available system water pressure exceeds 150 pounds per square inch (psi}, a listed/approved pressure-regulating valve shall be installed at the system riser. Such valves shall be adjusted to restrict the outlet pressure to a maximum of 150 psi gauge (psigl at any flow or no flow. When such valves are installed submittal documents must include manufacturer information sheets along with charts showing the dimensions (size) and flow characteristics inlet and outlet pressures at various flows for the type of valve being installed, and the valve shall be included in the design calculations. Exception: At the discretion of the FAHJ the contractor may install a listed/approved pressure relief valve, piped to the system main drain, set to relieve January 17, 2023, Item #7 Ordinance No. 859 Page 28 the pressure at 175 psig, provided the available supply pressure does not mcceed 175 psig. Section 7.2.5 is modified to read: 7.2.5 Inspector Test. Each sprinkler system shall have a 1/2" or larger test connection with a threaded keyless valve. The valve shall be remote to the riser, located on the building exterior about five 5 feet above final grade and shall be remote from the riser. It shall be labeled with a permanent plate with minimum 1/4" lettering, contrasting with background, and stating: "INSPECTOR TEST". (Pre-assembled riser assemblies with a built-in Drain/Test valve shall not be accepted for inspector test valve unless approved by the FAHJ.) Exception: Automatic fire sprinkler systems for manufactured homes installed at the factory may have the inspectors test valve located at the location as designed at the factory. Section 7.3._1.J is added to read: 7.3._1.J Pressure gauge. A listed 300 psi pressure gauge shall be permanently installed at the riser. Section 7.6 is modified to read: 7.6 Alarms. A water flow switch shall be provided and located on the sprinkler riser above the check valve and main drain 3nd shall actuate an audible fire alarm s¼gn-al-bell within 90 seconds. The 1Nater flow switch shall be a retarding type with a delay between 15 60 seconds before activation of the signal bell. The fire alarm bell shall have a minimum diameter of 8 inches and be mounted on the exterior in the vicinity of the master bedroom. The alarm bell shall be clearly audible in all bedrooms with intervening doors closed. Section 8.3.4 is modified to read: 8.3.4. Sprinklers shall not be required in garages, open attached porches, and balconies, carports, and similar structuresmay be omitted from carports and open attached porches 111hen less than 4 feet in depth. However, attached and/or detached habitable garages shall be protected with quick response intermediate temperature rated sprinklerswith not more than 150 sq. ft. head spacing. Sprinkler heads in garages shall be protected against mechanical damage by approved guards, unless recessed heads are provided. Garage doors may be disregarded in the layout of the fire sprinkler system. Section 8.3.5.1.1 is modified to read: 8.3.5.1.1. Where tAe-fuel-fired FAU equipment is located above all of the occupied areas of the dwelling unit, at least one quick-response intermediate temperature sprinkler shall be installed above the equipment. Section 10.2.4 .1 is added to read: 30 of 35 January 17, 2023, Item #7 Ordinance No. 859 Page 29 10.2.4.1 3 Head Calculation. When design conditions exceed the allowances of Section 10.2, a three sprinkler head calculation may be required by the FAHJ. Section 11.2.1.1 is modified to read: 11.2.1.1 Hydrostatic Tests. Where a fire department connection is not provided, tAe s§ystem shall be hydrostatically tested at 200 psi for 2 hours. 15.24.1J40 Appendix B, fire-flow requirements for buildings. Section 8103.3 is modified to read: 8103.3 Areas Without Water Supply Systems. For information regarding water supplies for firefighting purposes in rural areas and suburban areas in which adequate and reliable water supplies do not exist, the fire code official is authorized to utilize provisions in NFPA 1142, or the standard published by the Insurance Services Office document entitled Guide for Determination of Required Fire Flow. 15.24.11:50 Conflict. All other ordinances or parts of ordinances in conflict herewith are hereby repealed. Wherever a conflict exists in this chapter, the more restrictive requirement shall apply. SECTION 6: This Ordinance shall be codified. SECTION 7: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable. 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. 31 of 35 January 17, 2023, Item #7 Ordinance No. 859 Page 30 INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 6th day of December, 2022, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 17th day of January, 2023, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: Carrie Gallagher, CMC, City Clerk Steve Vaus, Mayor 32 of 35 January 17, 2023, Item #7 EXHIBIT A Findings Supporting the City of Poway Amendments to the California Fire Code, 2022 Edition: As required by Health and Safety Code Section 17958, the Poway City Council does herewith make express findings that amendments to the California Fire Code, 2022 Edition, are necessary for the protection of the public health, safety, and welfare due to certain climatic, topographic, or geographical features existing in the County of San Diego. Findings for the City of Poway amendments to the California Fire Code, 2022 Edition. FINDING 1 The City of Poway is situated on the slopes and at the base of the coastal mountains with drainage from the eastern portion of the City of Poway, including the San Dieguito River and Rancho Penasquitos Creek, which, when flooded, could result in conditions rendering vehicular access unduly burdensome or impossible for the Fire Department. Further, the flood conditions described above carry the potential for overcoming the ability of the Fire Department to aid or assist in fire control, evacuations, rescues, and the emergency tasks and demands inherent in such situations. The potential for the aforementioned flooding conditions to result in limiting Fire Department emergency vehicular traffic, with resulting overtaxing Fire Department personnel, may further cause a substantial or total lack of protection against fire for the buildings and structures located within the jurisdiction. FINDING 2 The City of Poway is situated near several known major faults, each capable of generating earthquakes of significant magnitude. These include the Rose Canyon fault the Newport-Inglewood fault, the Coronado Banks fault, and the Silver Strand fault, (located generally west of the City of Poway), and the Elsinore fault and Agua Caliente fault (located east of the City of Poway). These faults are subject to activity at any time, and the City of Poway is particularly vulnerable to devastation should such an earthquake occur. The potential effects of earthquake activity include, isolating the City of Poway from the surrounding area, restricting or eliminating internal circulation due to the potential for the collapse of highway overpasses and underpasses along with other bridges in the City, or an earth slide and the potential for vertical movement rendering surface travel unduly burdensome or impossible. FINDING 3 The City of Poway and Southern California are semi-arid regions and experience water shortages from time to time. Those shortages can have a severely adverse effect on water availability for firefighting. Fires starting in sprinkled buildings are typically controlled by one or two sprinkler heads flowing as little as 13 gallons per minute per sprinkler head activation. Hose streams used by engine companies on well-established structure fires operate at a minimum of about 250 gallons per minute each, and the estimated water need for a typical residential fire is 1,000 to 1,500 gallons per minute, according to the Insurance Service Office and the California Fire Code. 33 of 35 January 17, 2023, Item #7 Under circumstances such as lack of water, infrastructure, earthquakes, and multiple and wildland fires within a community, the limited water demands of residential fire sprinklers would control and extinguish many fires before they spread from building to wildland. In such a disaster, water demands needed for conflagration firefighting probably would not be available. FINDING 4 The topography of the City of Poway presents problems in delivery of emergency services, including fire protection. The hilly terrain has narrow, winding roads with little circulation, preventing rapid access and orderly evacuation. Much of these hills are covered with highly non-fire resistive natural vegetation. In addition to access and evacuation problems, the terrain makes delivery of water extremely difficult. Some hilly areas served by water tank and pump systems are subject to failure in fire, high winds, earthquake, and other power failure situations. FINDING 5 The seasonal climatic conditions during the late summer and fall create numerous serious difficulties regarding the control of, and protection against, fires in the City of Poway. The hot, dry weather that is typical of this area in summer and fall, coupled with Santa Ana winds and low humidity, frequently result in wildfires that threaten, or could threaten, the City of Poway. Although some Code requirements, such as fire-resistive roof classification, have a direct bearing on building survival in a wildland fire situation, others, such as residential fire sprinklers, may also have a positive effect. In a dry climate on low humidity days, many materials are much more easily ignited. More fires are likely to occur and any fire, once started, can expand extremely rapidly. Residential fire sprinklers can arrest a fire starting within a structure before the fire is able to spread to adjacent brush and structures. A seasonal wind also has the potential for interfering with emergency vehicle access and delaying or making impossible fire responses because of toppling of extensive plantings of dense chaparral, eucalyptus, and conifer trees. The trees are subject to uprooting in strong winds due to their relatively small root bases compared to the tree itself. The aforementioned problems support the imposition of fire-protection requirements greater than those set forth in the California Building Code or Fire Code. FINDING 6 Due to the topography in much of the City of Poway, roadway condition, gates, angle of approach or departure, steeply sloping roadways, and grades are common. In addition, a combination of potentially severe rainstorms and ground-water retention could occur in many areas of the City where there is expansive soil. This produces a condition wherein the moisture content of the soil is sufficient, that roadways become damaged due to soil expansion and shrinkage. All-weather, paved surfaces, capable of supporting the imposed loads of fire apparatus are necessary to ensure access of emergency response personnel. These roadways, gates, approach angles, steep slopes, and grades can also make it difficult for fire apparatus and other emergency vehicles to access a site. It is, therefore, essential that these roadway accesses be provided with proper all-weather, paved surfaces, angle of approach, grades, and gate access. FINDING 7 The City of Poway has State Route 67, Poway Road, Scripps Poway Parkway, Pomerado Road and Espola Road as major roadways within its boundaries. Transportation vehicles carrying known toxic, flammable, explosive, and hazardous materials travel these roadways. 34 of 35 2 January 17, 2023, Item #7 The potential for the release or threatened release of hazardous materials along these routes is likely given the volume that is transported within Poway city limits. Incidents of this nature will normally require all available emergency response personnel to prevent injury and loss of life and to limit or prevent environmental and property loss. Emergency personnel responding to such aforementioned incidents may be unduly impeded and delayed in accomplishing an emergency response as a result of this situation, with the potential result of undue and unnecessary risk to the protection of life and public safety and, in particular, endangering residents and occupants in buildings or structures without the protection of automatic fire sprinklers. The aforementioned problems support the imposition of fire protection requirements greater than those set forth in the California Building Code or Fire Code. 35 of 35 3 January 17, 2023, Item #7 DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway January 17, 2023 Honorable Mayor and Members of the City Council Audrey Denham, Director of Community Services9\1) Karen Tansey, Management Analyst ~ (858) 668-4684 or ktansey@poway.org CITY COUNCIL Approval of Agreement with Charlie's Classic Cooking to Provide Catering Services for the Older Adult Congregate Meal Program at the Mickey Cafagna Community Center The City of Poway recognizes the importance of providing a robust congregate meal program at the Mickey Cafagna Community Center (MCCC) for older adults. In October 2021, the City entered into a short-term agreement to provide catering services with the eventual goal to contract with a long-term provider who would facilitate a traditional congregate meal setting. Two Request for Proposals (RFP) were issued. The first RFP was unsuccessful due to an incomplete proposal and was rejected by City Council on October 4, 2022. The second RFP received one complete proposal submitted by Charlie's Classic Cooking. The City and Poway Valley Senior Citizens Corporation (PVSCC) are currently operating under a reimbursement agreement to provide funding for the congregate meal service. The costs are fully offset through a combination of participant fees and the generous contribution from the PVSCC. After reviewing the proposal, interviewing Charlie Heineke, and sampling his food, staff recommends entering into an agreement with Charlie's Classic Cooking to provide the older adult meal program at the MCCC. Recommended Action: It is recommended the City Council approve the Agreement and authorize the City Man.ager to execute all necessary documents associated with the Agreement between the City of Poway and Charlie's Classic Cooking to provide meal service for the Older Adult Congregate Meal Program at the Mickey Cafagna Community Center. Discussion: Background On October 19, 2021, the City of Poway entered into an agreement with Feeding the Soul Foundation dba O'side Kitchen Collaborative (OKC) to provide the older adult congregate meal program at the 1 of 20 January 17, 2023, Item #8 MCCC. The term of the agreement was six months with the option to renew monthly allowing the City time to develop and issue an RFP for a long-term provider. On July 14, 2022, the City distributed and advertised an RFP for the congregate meal program and catering services. Unfortunately, only one proposal was received on August 18 and was deemed incomplete because it lacked specific details about the scope of services. After the proposal was rejected at City Council on October 4, staff re-scoped and re-advertised the RFP and sent it out to companies (including some non-profits), distributed to City of Poway restaurants, and advertised it through social media resources. One complete proposal was received and opened on November 15 from Charlie's Classic Cooking in Escondido. Charlie Heineke is an executive chef with over 42 years of experience cooking in restaurants, hotels, hospitals, and community churches. He has worked with older adult programs providing weekly meals for 80 participants, delivered home meals, and performed catering. Charlie's proposal includes providing the meals, plating the food, and cleaning the kitchen. His business model uses two additional chefs and two sous chefs to provide the staffing necessary to provide the Monday through Friday meal program. The scope of services is included as Attachment 1 of Exhibit A to the Standard Agreement for Services (Attachment A). As part of the interview process, staff and PVSCC toured Charlie's Classic Cooking commercial kitchen in Escondido. Charlie shared his experience, philosophies, and goals for the congregate meal program. He also provided samples of his food. His lunches will consist of a protein, veggies or salad, a starch, and a dessert each day. Beverages will also be provided. An emphasis will be placed on keeping the food delicious, at the appropriate temperature, and eliciting feedback from the participants. As described in Attachment 2 of Exhibit A to the Standard Agreement (Attachment A), the cost per meal is $16. This charge is higher than the current cost of $10.50 per meal. However, the current meal provider also charges $150 per day delivery/setup/cleanup fee, and this did not include plating the food, beverages, desserts, or cleaning the kitchen facilities. The City and PVSCC are currently operating under a reimbursement agreement to provide funding for the congregate meal service at MCCC. Participants pay $5 per meal and PVSCC pays the remaining $5.50, plus the daily delivery/setup/cleanup fee. Based on the goal to increase the congregate meal program, PVSCC recognizes the increased cost and is proposing a tiered pricing structure similar to that of the meal program at the former Poway Senior Center. Adults 50+ will pay $5; staff, caretakers, and special needs individuals will pay $8; and other guests are welcome to participate at $16. The City will pay the invoices from the meal provider and then request reimbursement from the PVSCC for a portion of the costs. The City will revise the reimbursement agreement with PVSCC to reflect the costs described above. If the program continues at its current level of service, there are sufficient funds in the budget to pay the invoices and collect the offsetting donation from PVSCC. Assuming the City Council approves the proposed agreement, Charlie's Classic Cooking will begin February 1. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). 2 of20 January 17, 2023, Item #8 Fiscal Impact: Based on the assumption that the congregate meal program will continue at its current level of service, there are sufficient funds in account 208020-41200-20001 to pay the meal provider invoices. These costs will be fully offset through a combination of participant fees and reimbursement from the PVSCC. Public Notification: None. Attachments: A. Standard Agreement for Services Between the City of Poway and Charlie's Classic Cooking Reviewed/Approved By: Wendy Kaserman Assistant City Manager 3 of20 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager January 17, 2023, Item #8 City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 17th day of January, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and Charlie's Classic Cooking (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a company to provide a congregate meal program for older adults at the Mickey Cafagna Community Center; WHEREAS, Consultant is a chef and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4 of20 ATTACHMENT A January 17, 2023, Item #8 delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. 5 of20 January 17, 2023, Item #8 During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Consultant" means an individual who, pursuant to a contract with a state or local agency: 6 of20 (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a January 17, 2023, Item #8 result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. 7 of20 January 17, 2023, Item #8 (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. (c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity 8 of20 January 17, 2023, Item #8 which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have _no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, 9 of20 January 17, 2023, Item #8 postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of Cal PERS while providing services to City. Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments 10 of 20 January 17, 2023, Item #8 imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY CONSULTANT By:--------------By:--------------Chris Hazeltine, City Manager Charles Heineke, Executive Chef Date: Date: -------------------------ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney 11 of20 January 17, 2023, Item #8 A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform cooking services as required by City, which shall consist of the congregate meal program further described in the Scope of Services submitted with the proposals dated November 11, 2022, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposal dated November 11, 2022, which are included in this document as Attachment 2. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. C. Term of Agreement. This Agreement shall be effective from the period commencing February 1, 2023, and ending February 1, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended with a total of three (3) separate, one-year time extensions. The maximum length of the Agreement can be up to five (5) years. The option to renew may be by mutual agreement between the City and the selected Consultant and subject to appropriation of funds. For the final three, one-year extensions of the contract, the Consultant's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 12 of 20 January 17, 2023, Item #8 (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: 13 of 20 City of Poway P.O. Box 789 Poway, CA 92074 January 17, 2023, Item #8 To Consultant: Attachments: 1. Scope of Services 2. Proposal 14 of 20 Charlie's Classic Cooking 1291 Simpson Way, Suite H Escondido, CA 92024 January 17, 2023, Item #8 EXHIBIT "B" Cal Gov Code § 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General > Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. (d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 15 of 20 (1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received January 17, 2023, Item #8 any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receIvIng unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 16 of 20 (1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the . California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State January 17, 2023, Item #8 University that existed prior to January 1, 2013, or has been included in subsequent agreements. (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 17 of 20 January 17, 2023, Item #8 Attachment 1 Scope of Services for the Congregate Meal Program at the Mickey Cafagna Community Center • Meal Provider will create and submit monthly menus to the City for approval 45 days prior to the start of the month. • Meal Provider will prepare meals Monday through Friday, except on Christmas Day; Thanksgiving Day; and New Year's Day. Other holidays can be negotiated with 60 days written notice to City. • Lunch will be served from 11 :00am-12:30pm. In the event the City changes the start and/or end time, meal provider will be notified 30 days in advance. • City will provide Meal Provider the number of pre-paid meals by noon of the previous day. An alternative reservation method can be arranged with City. All ideas should be provided to City in writing 30 days prior to start and approved prior to implementation. • The Meal Provider shall comply with all federal, state, and local laws and regulations governing the preparation and handling of food; and procure and keep in effect all necessary licenses, permits and food handlers' cards required by law; and post such licenses, permits and cards in a prominent place within the meal preparation areas. Meal Provider will deliver to the City a copy of the Meal Provider's last Health Inspection Report. Meal Provider will deliver to the City a copy of the Meal provider's latest Food Manager's Certificate. • The Meal Provider shall be responsible for: ordering, purchasing, and paying for quality raw food items and consumable supplies to be used in the preparation of all meals. The Meal Provider will prepare meals in a commercial kitchen (at the Cafagna Center or Charlie's Classic Cooking site), plate the food, wash the dishes, and keep kitchen clean. Meal Provider will supply the cleaning supplies. Storage will be made available for all necessary food and equipment. City shall be responsible for: table set-up and break-down, serving the meals, serving beverages, bussing the tables, and collecting lunch tickets from participants. • Meal Provider will prepare a quantity of food necessary to assure that shortages do not occur due to minor serving errors. • Meal assessments shall be conducted by the City on an on-going basis. The Meal provider shall work with the City to comply with reasonable requests for changes in food type, preparation method, and quality. Records will be maintained by City staff documenting the quality of food and service received from the Meal Provider. These records will be made available to the Meal Provider upon request. 18 of 20 January 17, 2023, Item #8 • Beverages will be provided by the Meal Provider and the cost shall be calculated into the price of the meals. Beverages include, but are not limited to, water, tea, and coffee. All condiments normally associated with food items to be served will be the responsibility of the Meal Provider and shown on the menus submitted to the City for approval. • Cutlery, service utensils, trays, small wares, and cooking pots/pans will be provided by the City of Poway. The Meal Provider will replace, with like kind, or pay for replacement of, all City-owned equipment used for food service that is lost or damaged, excluding normal wear and tear, due to Meal Provider's actions. City will perform preventative maintenance of said items. • Meal Provider shall supply all staffing for cooking the meals, plating the food, washing the dishes, and keeping the kitchen clean. Meal Provider shall comply with all applicable federal, state and local laws and regulations pertaining to wages and hours of employment. In the event staff calls in sick, Meal Provider must secure replacement staff in order for meals to be served Monday through Friday, with the exceptions of holidays. • The Meal Provider shall maintain a temperature record documentation system and said temperature record will be implemented and maintained to ensure sanitary and safe food handling procedures. • City can provide cubicle office space. Meal Provider must provide computer, printer, and office supplies. • Meal provider may submit proposals of wrap-around services such as cooking classes, entertainment, special cooking features, etc. • Although not required for award of this proposal, Meal Provider may enter into a contract for the exclusive right of providing catering services to rental clients at the Mickey Cafagna Community Center. A percentage split with the City would be negotiated for providing those services. • Kitchen will be exclusive use for Meal Provider except for City programming, which includes but is not limited to, Teen Programs, Kid's Night Out, year-round classes and summer camps. Care will be provided to protect all City-owned equipment and any food or supplies for the congregate meal program. 19 of20 January 17, 2023, Item #8 Attachment 2 Charlie's Classic Cooking 1291 Simpson Way, Suite H Escondido, CA 92024 Staff Model Charles Heineke -Owner, Executive Chef -42 years of experience Chef Johansson Blank - 7 years of experience Chef Nicole Estrada - 4 years of experience Sous Chef Patryga Miechowski - 5 years of experience Sous Chef Anna Kechior - 4 years of experience Workflow • Menu developed by Chef Charles and sent to City of Poway for approval 45 days prior • Number of Guests provided by City of Poway one day prior • Food Purchasing -Chef Charles and Chefs -will be done 2 times per week • Food Prep -Sous Chef -night before food is cooked • Cooking -overseen by Chef Charles and Chef -the day of service • Packaging for Transport -Sous Chef -day of service • Delivery -Chef -morning of the event • Plating Food and Serving -Sous Chef (volunteers to assist with serving) • Cleanup -Chef and Sous Chef-day of service Cost of Services $16.00 per meal Meals Consist of protein, vegetables or salad, starch, and dessert. Beverages will include water, tea,and coffee. All condiments will be provided. 20 of 20 January 17, 2023, Item #8 January 17, 2023, Item #9 DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway CITY COUNCIL January 17, 2023 Honorable Mayor and Members of the City Council Jodene Dunphy, Director of Human Resources and Risk Management Jodene Dunphy, Director of Human Resources and Risk Management (858) 668-4413 jdunphy@poway.org Approving a Cal PERS 180-day Waiting Period Exception to Hire a Retired Annuitant The City of Poway is in the process of recruiting for the Director of Finance position. The City desires to hire a retired annuitant on a temporary basis while recruiting for the position. Government Code Sections 7522.56 and 21221 (h) allow for an agency to request a waiver to the 180-day waiting period, by way of City Council approval, before a retired annuitant may be employed in a Director level position by an agency that contracts with Cal PERS for retirement benefits. Recommended Action: It is recommended the City Council approve the resolution waiving the 180-day waiting period to hire a retired annuitant pursuant to Government Code Sections 7522.56 and 21221 (h). Discussion: California Government Code Sections 7522.56 and 21221 (h) authorize the City to employ a retired Cal PERS annuitant without reinstatement from retirement upon a finding that the retired person has specialized skills needed to perform work of a limited duration. Under the law, a non-safety retired annuitant is not eligible to be employed by a CalPERS contracting agency for a period of 180 days following the retirement date unless the City Council certifies the nature of the employment, and the appointment is necessary to fill a critically needed position before 180 days has passed. Tim McDermott has more than twenty-nine years of public sector finance experience. He retired from the City of Santee on September 23, 2022, after twenty-one years as the Director of Finance/City Treasurer. Prior to the City of Santee, he worked for the City of Temecula, including seven years as the Assistant Director of Finance. Before he was working in government, he worked for two public accounting firms primarily performing audits of government agencies. Based on a long and successful career in finance serving public agencies, Mr. McDermott has the specialized knowledge and skills needed to temporarily step into the role of Director of Finance with the City of Poway. Along with the resolution, also attached is the employment agreement between the City of Poway and 1 of7 January 17, 2023, Item #9 Mr. McDermott, which outlines the terms of the temporary employment. To comply with the Government Code and hire Mr. McDermott as a retired annuitant, the City must submit to CalPERS a copy of: 1) an approved and executed resolution; 2) the employment agreement; and 3) the publicly available salary schedule listing the comparable or vacant position. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The total estimated cost to hire Tim McDermott as a retired annuitant for the position of Interim Director of Finance is anticipated not to exceed $90,000 and will be paid out of salary savings from the current Director of Finance vacancy in the Finance department budget. Public Notification: None. Attachments: A. Resolution approving the 180-day waiting period exception to hire a retired annuitant pursuant to Government Code Sections 7522.56 and 21221 (h) Reviewed/Approved By: Wendy Kaserman Assistant City Manager 2 of7 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager January 17, 2023, Item #9 RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FOR A 180-DAY WAITING PERIOD EXCEPTION TO HIRE A RETIRED ANNUITANT PURSUANT TO GOVERNMENT CODES SECTIONS 7522.56 AND 21221(h) WHEREAS, in compliance with Government Code section 7522.56 of the Public Employees' Retirement Law, the Poway City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; WHEREAS, Tim McDermott retired from the City of Santee in the position of Director of Finance/City Treasurer, effective September 23, 2022; WHEREAS, Tim McDermott previously held the position of Director of Finance/City Treasurer with the City of Santee for twenty-one years; WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is March 23, 2023 without this certification resolution; WHEREAS, Government Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; WHEREAS, the Poway City Council, the City of Poway and Tim McDermott certify that Tim McDermott has not and will not receive a Golden Handshake or any other retirement-related incentive; WHEREAS, an appointment under Government Code section 21221 (h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; WHEREAS, the governing body has authorized the search for a permanent appointment in December 2022; WHEREAS, the Poway City Council hereby appoints Tim McDermott as an interim appointment retired annuitant to the vacant position of Director of Finance for the City of Poway under Government Code section 21221 (h), effective January 18, 2023; WHEREAS, this Government Code section 21221(h) appointment shall only be made once and therefore will end on July 18, 2023; WHEREAS, the entire employment agreement between Tim McDermott and the City of Poway has been reviewed by this body and is attached hereto as Exhibit A; WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; WHEREAS, the compensation paid to retirees cannot be less than the minimum nor 3 of7 ATTACHMENT A January 17, 2023, Item #9 exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; WHEREAS, per the current Management/Confidential Salary Schedule, attached hereto as Exhibit B, the minimum monthly base salary for this position is $12,710 and the hourly equivalent is $73.3313, and the maximum monthly base salary for this position is $17,795 and the hourly equivalent is $102.6635; WHEREAS, the hourly rate paid to Tim McDermott will be $100.00; and WHEREAS, Tim McDermott has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate. NOW, THEREFORE, BE IT RESOLVED THAT the Poway City Council hereby certifies the nature of the employment of Tim McDermott as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Director of Finance for the City of Poway by January 18, 2023 because Mr. McDermott has specialized skills after serving as a Director of Finance with the City of Santee for twenty-one years which are needed over the next several months to address the financial matters of the City of Poway. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of January 2023 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4 of7 January 17, 2023, Item #9 EXHIBIT A CITY OF POWAY Retired Annuitant -Employment Agreement Government Code (GC) sections 7522.56 and 21221(h) permit employees who retire and receive CalPERS retirement benefits to accept limited, post-retirement, employment without reinstatement or loss or interruption of benefits. A retired person (Retired Annuitant), whose employment without reinstatement is authorized by Government Code Sections 7522.56 and 21221(h), shall acquire no service credit or retirement rights unless they reinstate from retirement. I. Conditions of Limited Appointment Post-retirement service must be attributable to either an emergency event (to prevent stoppage of public business) or the Retired Annuitant has skills needed to perform work of limited duration (GC 7522.56.c). II. Length of Appointment Retired Annuitants are restricted to working a maximum of 960 hours within a fiscal year (GC 7522.56.d) and both the City and the Retired Annuitant are responsible for tracking hours of employment Tim McDermott has been appointed to serve as Interim Director of Finance on an as-needed, interim basis, beginning January 18, 2023, in order to address the financial matters of the City. Employing a retiree in excess of the 960 hours limit per fiscal year may jeopardize the retiree's retirement benefits and/or require reinstatement from retirement. Tim McDermott will immediately notify the City of Poway should they perform work as a Retired Annuitant for any other CalPERS member agency during the term of this agreement. __ (Initials) III. Compensation The rate of pay for these services shall be no less than the minimum and no more than the maximum rate of pay for other employees performing comparable functions (GC 7522.56.d). Based upon the approved Salary Schedule for classifications within the Management Confidential Group, the City's hourly rate of pay for an Interim Director ofFinance from $73.3313 to $102.6635. For the term of this agreement, Tim McDermott will be compensated at an hourly rate of $100.00, which is within the approved, allowable pay range for this position. Retired Annuitants are not eligible for any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hour pay rate including holidays, sick leave, vacation or any employee leave or benefit program. IV. Unemployment Insurance Compensation Retired Annuitants are ineligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment, the Retired Annuitant received any unemployment insurance compensation arising out of prior employment with a public employer (GC 7522.56.e.1). Furthermore, a Retired Annuitant that accepts employment, and has received unemployment insurance compensation within the 12-month period preceding employment, must terminate employment effective the last day of the current payroll period. The Retired Annuitant shall not be eligible for reappointment for a period of 12 months following the termination date (GC 7522.56.e.2). In accordance with these provisions, Tim McDermott has not received unemployment insurance compensation during the 12-month period preceding this appointment. __ (Initials) 5 of7 January 17, 2023, Item #9 V. 180-Day Rule A Retired Annuitant is not eligible to be employed for a period of 180 days following the date of retirement, unless one of the following conditions is satisfied for a local government agency: ■ The City of Poway certifies the nature of the employment, and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (GC 7522.56 (f)l) Resolution #23-__ approved on January 17, 2023 (if applicable). ■ The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (GC 7522.56(f)4) Additionally, a Retired Annuitant who accepted a retirement incentive upon retirement shall not be eligible for employment for a period of 180 days following the date of retirement and the provisions of GC 7522.56(f) shall not apply. (GC 7522.56(g)) Hiring a retiree prior to meeting the required waiting periods may jeopardize the retiree's retirement benefits and/or require reinstatement from retirement. Tim McDermott did not receive a retirement incentive upon retirement. Mr. McDermott retired from public service effective September 23, 2022. Based upon an effective date of January 18, 2023, the terms of this appointment are in compliance with the 180-day statutory requirements. __ (Initials) VI. Acknowledgement and Agreement l, Tim McDermott, Retired Annuitant, accept a limited appointment as a Interim Director of Finance with the City of Poway. By signing this agreement, I acknowledge that I am in compliance with the statutory provisions contained herein, and I further agree to maintain compliance for the duration of this agreement. Retired Annuitant Date Approved By: Director of Human Resources/Risk Management Date City of Poway City Manager Date City of Poway 6 of7 January 17, 2023, Item #9 EXHIBIT B City of Poway Management/ Confidential Salary Schedule Effective Sectember 20, 2022 Classification Title I Approx. Monthly I Salarv Ran•e City Manager 22,664 lr.,nHn 1 Cvomn> At-WHI Min-Max Min Assistant City Manager 13,346 -18,684 76.9976 Director of Community Services 12,710-17,795 73.3313 Director of Development Services 12,710-17,795 73.3313 Director of Finance 12,710-17,795 73.3313 Director of Human Resources & Risk Management 12,710 -17,795 73.3313 Director of Public Works 12,710-17,795 73.3313 Fire Chief 12,710-17,795 73.3313 Classification Title I Grade I Approx. Monthly I Step 1 Salarv Ran~• Grouc 2A Exemct At-Will Assistant Director of Public Works Utilities 731 9,937 -12,080 57,3277 Assistant Director of Public Works Operations 731 9,937 -12,080 57.3277 Assistant Director of Finance Operations 731 9,937 · 12,080 57.3277 City Clerk 681 8,778 -10,670 50.6411 City Engineer 780 11,139-13,540 64.2668 City Planner 731 9,937 -12,080 57.3277 Deputy Fire Chief 780 11,139-13,540 64,2668 Deputy Fire Marshal 620 7,503 -9,121 43,2917 Finance Manager 681 8,778 -10,670 50,6411 Fire Battalion Chief (not at-will/2912 hrs/yr) 570 9,285 -11,286 38.2636 Parks and Trails Area Manager 560 6,470 -7,865 37.3303 Principal Engineer -Utilities 731 9,937 -12,080 57.3277 Public Works Operations Manager 681 8,778 -10,670 50.6411 Recreation Area Manager 560 6,470 -7,865 37.3303 Recreation Area Mana~er {Y-Rated) 681 8,778 -10,670 50.6411 Revenue and Operations Manager 681 8,778 -10,670 50.6411 Water Treatment Plant Manager 681 8,778 -10,670 50.6411 Group 2B Exemct Accountant 481 5,326 -6,475 30,7255 Associate Civil Engineer 602 7,261 -8,826 41.8893 Associate Planner 521 5,902 -7,174 34.0517 Community Outreach Coordinator 571 6,678 -8,117 38.5265 Deputy City Clerk 571 6,678 -8,117 38.5265 GIS Analyst 531 6,050 -7,354 34,9030 Information Technology Analyst 531 6,050 -7,354 34,9030 Network & Computer Systems Analyst 550 6,312 -7,673 36.4198 Management Analyst 531 6,050 -7,354 34.9030 Network & Computer Systems Administrator 631 7,744 -9,413 44.6789 Revenue and Operations Supervisor 571 6,678 -8,117 38.5265 Senior Accountant 561 6,515-7,919 37.5868 Senior Civil Engineer 682 8,871 -10,782 51.1773 Senior Code Compliance Officer 501 5,618 -6,829 32.4109 Senior Fire Safety Inspector 541 6,201 -7,537 35,7756 Senior Human Resources Analyst 571 6,678-8,117 38.5265 Senior Management Analyst 571 6,678-8,117 38.5265 Senior Planner 581 6,845 -8,320 39.4897 Special Projects Engineer 571 6,678 -8,117 38.5265 Utilities Administrator 631 7,744 -9,413 44.6789 Water Utilities Distribution Supervisor 640 7,884 -9,583 45.4833 Group 3 Non-Exempt Assistant Engineer 531 6,050 -7,354 34,9030 Assistant Planner 491 5,481 -6,662 31.6204 Code Compliance Officer 461 5,090 -6,186 29.3627 Construction Maintenance Supervisor 501 5,618 -6,829 32.4109 Facilities Maintenance and Special Districts Supervisor 501 5,618-6,829 32.4109 Fire Safety Inspector 461 5,090 -6,186 29.3627 Fleet Maintenance Supervisor 521 5,902 -7,174 34.0517 Management Assistant 491 5,481 -6,662 31.6204 Parks Maintenance Supervisor 480 5,310 -6,455 30.6387 Senior Accounting Technician 460 5,054 -6,144 29.1623 Utility Systems Supervisor 650 8,081 -9,822 46.6204 Wastewater Utilities Suoervisor 620 7,504-9,121 43.2917 Group 4 Non-Exemct Accounting Technician II 360 3,948 -4,799 22.7815 Administrative Assistant Ill 331 3,692 -4,488 21.3002 Executive Assistant to the City Manager 451 4,965 -6,035 28.6465 Human Resources Technician I 412 4,498 -5,468 25.9523 Human Resources Technician II 451 4,965 -6,035 28.6465 Senior Administrative Assistant-Confidential 380 4,148 -5,042 23.9348 7of7 Hourly I Step 2 I Step 3 I 60.1939 63.2037 60.1939 63.2037 60.1939 63.2037 53.1732 55.8319 67.4801 70.8541 60.1939 63.2037 67.4801 70.8541 45.4563 47.7291 53.1732 55.8319 40.1767 42.1856 39.1968 41.1567 60.1939 63.2037 53.1732 55.8319 39.1968 41.1567 53.1732 55.8319 53.1732 55.8319 53.1732 55.8319 32.2616 33.8747 43.9837 46.1827 35.7528 37.5413 40.4510 42.4745 40.4510 42.4745 36.6466 38.4798 36.6466 38.4798 38.2411 40.1535 36.6466 38.4798 46.9109 49,2574 40.4510 42.4745 39.4644 41.4385 53.7360 56.4230 34.0300 35.7324 37.5628 39.4418 40.4510 42.4745 40.4510 42.4745 41.4623 43.5364 40.4510 42.4745 46,9109 49.2574 47.7575 50.1454 36.6466 38.4798 33,2000 34.8609 30,8295 32.3718 34,0300 35.7324 34,0300 35.7324 30,8295 32.3718 35.7528 37.5413 33.2000 34.8609 32.1708 33.7797 30.6206 32.1520 48.9514 51.3990 45.4563 47.7291 23.9206 25.1167 22.3643 23.4831 30.0776 31.5822 27.2488 28.6119 30.0776 31.5822 25.1318 26.3887 Step 4 I 66.3639 66.3639 66.3639 58.6235 74.3968 66.3639 74.3968 50.1156 58.6235 44.2948 43.2145 66.3639 58.6235 43.2145 58.6235 58.6235 58.6235 35.5684 48.4920 39.4178 44.5975 44.5975 40.4032 40.4032 42.1601 40.4032 51.7195 44.5975 43.5098 59.2440 37.5184 41.4133 44.5975 44.5975 45,7124 44.5975 51.7195 52,6527 40.4032 36.6033 33.9898 37.5184 37.5184 33.9898 39.4178 36.6033 35.4678 33.7587 53.9690 50.1156 26,3725 24,6570 33.1608 30.0420 33.1608 27.7073 Max 107.7966 102.6635 102.6635 102.6635 102.6635 102.6635 102.6635 Step 5 69.6909 69.6909 69.6909 61.5582 78.1167 69.6909 78.1167 52.6213 61.5582 46.5096 45.3752 69.6909 61.5582 45.3752 61.5582 61.5582 61.5582 37.3547 50.9165 41.3896 46.8285 46.8285 42.4243 42.4243 44.2678 42.4243 54.3067 46,8285 45,6863 62.2062 39,3952 43.4849 46.8285 46.8285 47.9992 46.8285 54.3067 55.2853 42.4243 38.4343 35.6900 39.3952 39.3952 35.6900 41.3896 38,4343 37,2409 35,4464 56,6674 52.6213 27.6911 25.8903 34.8195 31.5448 34,8195 29,0926 Appro,·o.-d ;il ;i rcguW.r meeting of the Po\\nyCilyColIDCil on 9/20/1022