05-02-2023 Agenda PacketAGENDA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064
May 2, 2023 I 7 p.m.
Thank you for participating in your local government and the City of Poway Council meetings.
Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at
7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council
Chamber will be open to the public.
Public Meeting Access I Members of the public may attend the City Council meeting in person, or
watch the City Council meeting live online. Regular City Council meetings are broadcast live on Cox
Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and
available for viewing on the City's website.
Speakers I Persons wishing to address the Council on matters not on the agenda may do so under
Public Comment. Those wishing to speak on items on the agenda may do so when the item is being
considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement
of the item. All comments will be limited to three (3) minutes.
To Watch Live:
www.poway.org/councilmeetings
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are
available for viewing on the City's website at www.poway.org. Sign up at https://poway.org/list.aspx to
receive email notifications when City Council agendas are published online. Items listed on the agenda
with a"#" symbol are in preparation.
PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the
meeting will be distributed as formal additional material as well as be made available online
prior to the City Council meeting. Written comments received after this deadline will be
forwarded to the Council, but not available online until after the City Council meeting.
American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990,
persons with a disability may request an agenda in appropriate alternative formats as required by
Title II. Any person with a disability who requires a modification or accommodation in order to
participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24
hours prior to the meeting.
The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority,
Public Financing Authority and Successor Agency to the Poway Redevelopment Agency
Steve Vaus
Mayor
Barry Leonard
Deputy Mayor
Brian Pepin
Councilmember
Caylin Frank
Councilmember
Peter De Hoff
Councilmember
CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION: None
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be
brought forward by the general public for comment; however, the City Council will not be able to
discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.
Speakers have one opportunity to address the Council under Public Comment.
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a
Roll Call Vote without discussion unless a Council member, a member of the public, or City Manager
requests that an item be removed for discussion.
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the March 7, 2023 Regular City Council Meeting Minutes
3. Appropriation of Additional Funds for the Starridge Park Pathway Extension Project and
Determination the Project is Categorically Exempt from the California Environmental Quality Act
(CEQA)
4. Resolution Approving a 2% Increase in the Regional Transportation Congestion Improvement
Program (RTCIP) Traffic Mitigation Fee for Fiscal Year (FY) 2023-24, as required by the TransNet
Ordinance
5. Resolution authorizing participation and acceptance of funds through the 2022 State Homeland
Security Grant Program
6. Resolution to Adopt the 2023 Multi-Jurisdictional Hazard Mitigation Plan
7. Approval of Amendment to Employment Agreement for the City Manager
ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS:
8. Variance (VAR) 20-002/Conditional Use Permit (CUP) 20-006/Minor Development Review
Application (MDRA) 20-017, a request to construct and operate a wireless communication facility
containing a tower feature that exceeds the maximum building height, in the Creekside Plaza
shopping center located at 13573 Poway Road, in the Commercial General district of the Poway
Road Specific Plan
2 of 4 Regular City Council Meeting May 2, 2023
City Manager's Recommendation: It is recommended the City Council continue the public
hearing for VAR 20-002/CUP 20-006/MDRA 20-017 to a date uncertain.
STAFF REPORTS:
9. Award of Contract to Marcon Engineering, Inc., for the Lake Poway Upper Playground Renovation
Project, Bid No. 23-008, Appropriation of Additional Funds and Determination the Project is
Categorically Exempt from the California Environmental Quality Act (CEQA)
City Manager's Recommendation: It is recommended the City Council 1) award the contract for
the Lake Poway Upper Playground Renovation project to Marcon Engineering, Inc., in the amount
of $1,546,190.34 and authorize the City Manager to execute the contract; 2) appropriate additional
funds in the amount of $400,000 from the Park Improvement Fund (4110-30504112) for
construction of the Lake Poway Upper Playground Renovation Project (CIP #PK020); and 3) make
a determination the Project is Categorically Exempt from the California Environmental Quality Act
(CEQA).
10. Approval of Agreement Between the City of Poway and Convergint Technologies, LLC for the
purchase and installation of an electronic security system at the Lester J. Berglund Water
Treatment Plant and Determination the Project is Categorically Exempt from the California
Environmental Quality Act (CEQA)
City Manager's Recommendation: It is recommended the City Council award the contract for
the Water Treatment Plant Security Upgrades project to Convergint Technologies, LLC in the
amount of $223,886.32 and authorize the City Manager to execute the agreement and related
documents.
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
CLOSED SESSION: None
AD!OURNMENT
3 of 4 Regular City Council Meeting May 2, 2023
State of California
County of San Diego
)
) ss.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of
a Regular Meeting as called by the City Council of the City of Poway was posted and provided on April 25, 2023.
Said meeting to be held at 7:00 p.m., May 2, 2023, in the Poway City Council Chambers, 13325 Civic Center Drive,
Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall.
4 of 4 Regular City Council Meeting May 2, 2023
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
March 7, 2023
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: Brian Pepin, Peter De Hoff, Barry Leonard, Steve Vaus
Absent: Caylin Frank
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan
Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Bob Manis; Interim
Director of Finance Tim McDermott; Director of Human Resources and Risk Management Jodene
Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey
Denham; 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 Leonard led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATIONS
None.
2 of 5 Attachment A May 2, 2023, Item #2
City of Poway -Minutes -March 7, 2023
PUBLIC COMMENT
Nick Carruthers spoke regarding the City's public noticing and provided suggestions to enhance
noticing.
Sharlene O'Keefe, Executive Director, Poway OnStage announced March is "Arts in Education
Month" and shared recent and upcoming productions. Ms. O'Keefe spoke regarding their robust
Arts in Education Initiative and provided details of upcoming scheduled events.
Tony Blain spoke regarding his intention to file a ballot initiative to place local term limits on the
November 2024 ballot.
CONSENT CALENDAR
Motioned by Mayor Vaus, seconded by Councilmember Pepin, to approve Consent
Calendar Items 1 through 3. Motion carried 4/0/1 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Pepin, De Hoff, Leonard, Vaus
None
None
Frank
Disqualified: None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this
Agenda
2. Approval of the February 7, 2023 Regular City Council Meeting Minutes
3. Approval of Consultant Agreement with Project Design Consultants (PDC) for Design
Services for the Butterfield Trail Sewer Upsize project, RFP No. 23-012
ORDINANCES FOR INTRODUCTION
None.
PUBLIC HEARINGS:
None.
STAFF REPORTS:
4. Pre-Development Conference (PDC) 23-0001, a proposal to construct a 30,500 square-foot
Recreational Fitness Club by Life Time including outdoor fitness uses, lit recreational courts,
a restaurant and bar, alcohol sales, a day spa and small supportive retail at The Farm in
Poway
Director of Development Services Bob Manis presented the item along with a PowerPoint
presentation. He stated the item is presented as advisory only noting no decisions will be
made nor will Council be asked to vote on this item tonight. He further indicated the applicant
is seeking input on their proposed project and he noted staff will return to Council in the future
seeking action from the Council if the applicant choses to proceed with the project. Mr. Manis
3 of 5 May 2, 2023, Item #2
City of Poway -Minutes -March 7, 2023
provided background on the project located within The Farm having been approved by the
voters at the General Municipal Election in November 2020. He spoke regarding the project
Specific Plan and detailed the land use regulations within the development, including
approved building area and size, passive, and active open space uses, in addition to
commercial development. He noted the Open Space Conservation (OSC) which surrounds
the area and provided a summary of the approved land uses. Mr. Manis spoke regarding the
completion of an updated traffic analysis and expounded on three areas of project
modifications as they relate to the Specific Plan including: signage, hours of operation and
screening. Site elevations were shown, as well as a brief synopsis was provided pertaining to
input received and concerns noted at a neighborhood meeting.
Applicant, Chris Campbell, Senior Development Manager of Life Time Property provided
project renderings which included outdoor space and interior/exterior building design. He
spoke regarding plan modifications as a direct result of community outreach. In response to
community input, Mr. Campbell noted the incorporation of architectural design aesthetics
using natural looking materials, utilitarian forms, and composite landscaping from the
approved Farm development plant palette.
Mr. Campbell then provided an overview of the projected community impact, including
anticipated annual property tax revenue and the creation of new jobs. He concluded his
presentation with a fly-through video of the site plan.
Public Comment:
Spoke in support:
Kevin McNamara
Sterling Miles
Melissa Chapperone (voiced support by way of speaker slip but did not speak)
Spoke in opposition:
Ron Lewis
Heather Jalisi
Spoke neutrally:
Yuri Bohlen
Randy Middlebrook
Carl Rossi
Sean Park
End of Public Comment
Council discussion ensued and included items to consider such as traffic impacts, the addition
of landscape screening to lessen the impact on residential neighbors including the south wall
and parking lot, the use of mature trees to absorb sound, compliance with Dark Sky Ordinance
for parking lot lighting height and hours of use, hours of operation for outdoor use as opposed
to indoor facility use, options to incorporate local businesses, design aesthetics modifications
to include an even more country feel, and concerns over changes to the size of the project
from the original plan.
Council commented positively regarding the lack of impacts on the original amenities planned
for the overall development, the addition of mixed uses in Poway, addition of jobs, economic
4 of 5 May 2, 2023, Item #2
City of Poway -Minutes -March 7, 2023
benefits for the City, the addition of a premier fitness facility in Poway, programming specific
to children and inclusion of pickleball courts.
At the request of Mayor Vaus, City Attorney Fenstermacher explained the General Plan
Amendment and Specific Plan were adopted subject to voter approval, however, the more
detailed site plans are not. Mr. Fenstermacher further explained the minor modification
process and standards under the Specific Plan, which unlike a formal Specific Plan
amendment, can be approved by City Council action without being subject to voter approval.
City Council provided input and direction; no action was taken.
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS:
5. Appointments to the Budget Review Committee (BRC) and Parks and Recreation Advisory
Committee (PRAG).
No Speakers
Motioned by Mayor Vaus, seconded by Councilmember De Hoff to appoint Jared Wilson
to a one-year term expiring December 31, 2023; and Rob Polston, Andrew Cruz, and
Chris Pikus to the BRC for two-year terms expiring December 31, 2024; and to appoint
Phil Rath, Steven Polito, Crystal Anderson, Julia Fontana and Sabrina Butler to the
PRAC for two-year terms expiring December 31, 2024. Motion carried unanimously
(Frank -ABSENT).
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C.
53232(d))
None.
CITY MANAGER ITEMS
None.
CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session)
None.
ADJOURNMENT
The meeting was adjourned at 8:45 p.m.
5 of 5
Carrie Gallagher, CMC
City Clerk
City of Poway, California
May 2, 2023, Item #2
Environmental Review:
The proposed addition of a new pathway to an existing park is Categorically Exempt from the
California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section
15301 (c) of the CEQA Guidelines, in that the project involves improvements to an existing use in an
existing park with no expansion of use.
Fiscal Impact:
Approval of this item will result in an appropriation of $136,000 from the Capital Improvement Fund
(General Fund), unassigned fund balance to the Starridge Park Pathway Extension project account
(PK024).
Public Notification:
None.
Attachments:
A. Pathway Extension Exhibit
Reviewed/Approved By:
o;J~-~
Wend~Kaserman
Assistant City Manager
2 of 3
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
May 2, 2023, Item #3
3 of 3
EXISTING PATHWAY/
PROPOSED NEW PATHWAY
EXTENSION --
STARRIDGE PARK
PATHWAY EXTENSION EXHIBIT
ATTACHMENT A l
NORTH
May 2, 2023, Item #3
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING A 2% INCREASE IN THE
REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT
PROGRAM (RTCIP) TRAFFIC MITIGATION FEE FOR THE
FISCAL YEAR (FY) 2023-24, AS REQUIRED BY THE TRANSNET
ORDINANCE
WHEREAS, in November 2004, voters in San Diego County approved a 40-year extension
to the existing TransNet program to fund improvements to the region's transportation system;
WHEREAS, the extension Ordinance requires local agencies to collect traffic mitigation
fees, starting July 1, 2008, from residential dwelling units to fund the Regional Transportation
Congestion Improvement Program (RTCIP) to ensure that new development directly invests in
the region's transportation system to offset the negative impact of growth on congestion and
mobility;
WHEREAS, on April 1, 2008, the City Council adopted the RTCIP Traffic Mitigation Fee
of $2,000 per residential dwelling unit pursuant to Section 9A of the TransNet Ordinance;
WHEREAS, Section 9A of the TransNet Ordinance also mandates that the RTCIP Traffic
Mitigation Fee shall be increased annually, in an amount not to exceed the percentage increase
set forth in the Engineering Construction Cost Index published by the Engineering News Record
or similar cost of construction index with a minimum increase of 2%;
WHEREAS , the City Council has adopted annual increases to the RTCIP Traffic Mitigation
Fee and the current fee is $2,688.21 per residential dwelling unit, pursuant to Section 9A of the
TransNet Ordinance;
WHEREAS, SANDAG has informed the City that the percentage increase in
the RTCIP Traffic Mitigation Fee for FY 2023-24 is set at 2%; and
WHEREAS, the City Council intends by this Resolution to increase the
City's RTCIP Traffic Mitigation Fee from $2,688.21 to $2,741 .97 per residential dwelling unit to
meet the requirement of Section 9A of the Trans Net Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows :
SECTION 1: The City Council finds that the adoption of this Resolution is exempt
from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section
15061 (b)(3) of the CEQA Guidelines, as it entails State-mandated updates to current City
regulations, and there is no possibility that this will have a significant effect on the environment.
SECTION 2: The City Council, starting July 1, 2023, hereby increases the RTCIP Traffic
Mitigation Fee from $2,688.21 to $2,741.97 per residential dwelling unit, regardless of type,
to fund roadway and traffic signal improvements on Espola Road, Poway Road, Pomerado Road,
Twin Peaks Road, Community Road, Ted Williams Parkway, Camino Del Nortei[)and Scripps
Poway Parkway considered part of the Regional Arterial System . 1~
3 of7 ATTACHMENT A May 2, 2023, Item #4
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 2nd day of May, 2023 by the following vote , to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4 of7 May 2, 2023, Item #4
SA Item: 9
Board of Directors February 24, 2023
TransNet Regional Transportation Congestion Improvement
Program Proposed Fee Adjustment
Overview
The TransNet Extension Ordinance requires the
18 cities in the San Diego region and the County of
San Diego to collect a Regional Transportation
Congestion Improvement Program (RTCIP) fee from
the private sector for each new housing unit
constructed in its jurisdiction, with certain exceptions,
including low-income residential units and accessory
dwelling units.
Action: Approve
The Board of Directors is asked to approve a
2% adjustment to the Regional Transportation
Congestion Improvement Program, raising the
minimum fee from $2 ,688.21 to $2,741 .97
beginning July 1, 2023.
The purpose of this fee is to help ensure that future development contributes its proportional share of the
funding needed to pay for the impact of new growth on the Regional Arterial System and related regional
transportation facility improvements as defined in the most recent Regional Transportation Plan adopted
by SANDAG.
Key Considerations
SAN DAG is required to adjust the minimum RTCIP fee amount on July 1, of each year based on an
analysis of construction cost indices, but never less than 2%. The purpose of this annual adjustment is to
ensure that the RTCIP retains its purchasing power to improve the Regional Arterial System.
Based on an analysis of construction cost trends and relevant indices, staff recommends a 2% fee
adjustment to the RTCIP, raising the minimum RTCIP fee from $2,688.21 to $2,741 .97 beginning
July 1, 2023 (Attachment 1 ). Even though CCI inflation has accelerated from its previous low pace, this
2% increase is enough to ensure that the RTCIP fee maintains its purchasing power to complete
necessary transportation improvements due to past CCI increases being less than 2%. Staff will also
continue monitoring the performance of the economy and the construction cost indices and may propose
an increase larger than the 2% minimum in 2024. Further detail can be found in Attachment 1.
Next Steps
In accordance with TransNet Extension Ordinance provisions each jurisdiction's RTCIP funding program
must be submitted for review by the Independent Taxpayer Oversight Committee (ITOC) by April 1 of
each year to remain eligible for TransNet local street and road funding. The annual submittal of RTCIP
funding programs by local jurisdictions is scheduled for review at the April 12, 2023, ITOC meeting .
Susan Huntington, Director Financial Planning and Budgets
Key Staff Contacts: Michael Terlep, (619) 699-6929 michael.terlep@sandag.org
Marcia Smith, (619) 595-5338 marcia.smith@sandag.org
Attachment: 1. Discussion Memo
5 of 7 ATTACHMENT B
60
May 2, 2023, Item #4
Attachment 1
Discussion Memo
Background
The TransNet Extension Ordinance requires the 18 cities and the County of San Diego to collect a fee
from the private sector for each new housing unit1 constructed in that jurisdiction for contribution to the
Regional Transportation Congestion Improvement Program (RTCIP). RTCIP revenue is required to be
used to construct improvements on the Regional Arterial System, such as new or widened arterials, traffic
signal coordination and other traffic improvements, freeway interchange and related freeway
improvements, railroad grade separations, and improvements required for express bus and rail transit.
The Ordinance further requires SAN DAG to adjust the RTCIP fee amount each year, and states that in no
event shall the adjustment be less than 2% per year or more than the percentage increase set forth in the
Engineering Construction Cost Index (CCI) published by the Engineering News-Record (ENR), or a
similar CCI. The purpose of this annual adjustment is to ensure that the RTCIP retains its purchasing
power to improve the Regional Arterial System and to help ensure future development contributes its
proportional share of the funding needed to pay for the impact of new growth on the Regional Arterial
System and related regional transportation facility improvements, as defined in the most recent
Regional Transportation Plan adopted by SANbAG.
The RTCI P funding programs fall under the responsibility of the 19 local jurisdictions, which must maintain
their RTCIP funding programs and comply with specific administrative requirements in order to remain
eligible for TransNet local street and road funding.
The RTCIP has been implemented in the San Diego region since July 1, 2008. Annual RTCIP fee
adjustments, funding program reports, and related audits can be found at the RTCIP page of the
SAN DAG Website. Relevant excerpts can be referenced at TransNet Extension Ordinance and SAN DAG
Board Policy No. 031 : TransNet Ordinance and Expenditure Plan Rules.
Analysis of Construction Cost Indices
SAN DAG staff evaluated changes recorded in the ENR Los Angeles CCI, which is based on monthly
price changes in four areas: lumber, cement, structural steel, and labor. Los Angeles reflects construction
cost trends similar to those in San Diego. From December 2021 to December 2022, the ENR Los
Angeles CCI increased by 5.8%, after a December 2020 to December 2021 increase of 7.0% in 2021 and
only 0.3% uptick from December 2019 to December 2020. The ENR National CCI grew by 7.2% in 2022,
after an annual increase 5.8% in 2021 and just 1.6% in 2020.
Because cost indices exhibit volatility, especially amid the COVID-19 pandemic-related disruptions and
inflation in recent years, it is important to take a broader view of historical trends, going back to 2008-
when the RTCIP was instituted-to consider the required annual adjustment.
The cumulative growth of the RTCIP from 2008 through 2022 was 34.4%, while the ENR Los Angeles
CCI seeing a 42.4% growth over the same period. The chart below shows how the RTCIP and the ENR
Los Angeles CCI compare over time. It shows that by maintaining the annual adjustment at the minimum
2% increase required, the RTCIP has kept pace with inflation and retained its purchasing power.
1 Units constructed for extremely low-, very low-, low-, and moderate-income households may be exempted.
6 of7
62
May 2, 2023, Item #4
>< Q)
"C
C: -"' ,......_
150
140
130
o o u ~ 120
C: II 0 co :.:;g 110
O N :::i -----
!:; 100 "' C:
0 u 90
80
TransNet RTCIP vs. ENR-CCI -LA
~ ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
-ENR-CCI-LA -TransNet RTCI P
As expected, construction costs-and inflation, in general-surged in the second half of 2021, exhibiting
economic impact of the 2020 COVI D-19 recession and supply chain disruptions, including shortages of
labor and raw materials.
The Ordinance requires SANDAG to adjust the RTCIP fee amount each year, and states that in no event
shall the adjustment be less than 2% per year or more than the percentage increase set forth in the
Engineering CCI published by the ENR, or a similar CCI. The most recent available data shows Los
Angeles CCI increased much more than the minimum 2%, but staff recommends the RTCIP be adjusted
only by the required minimum of 2% in 2023 ($2,741.97). Even though CCI inflation has accelerated from
its previous low pace, this 2% increase is enough to ensure that the RTCIP fee maintains its purchasing
power to complete necessary transportation improvements due to past CCI increases being less than 2%.
Staff will also continue monitoring the performance of the economy and the construction cost indices.
Downside risks related to persistent inflation, a looming recession, and economic uncertainty, which can
sap growth and expansion, put additional pressure on commodity prices and labor costs. These
considerations may necessitate an increase larger than the 2% minimum RTCIP increase in 2024.
7 of7
63
May 2, 2023, Item #4
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING PARTICIPATION AND
THE ACCEPTANCE OF FUNDS THROUGH THE 2022 STATE
HOMELAND SECURITY GRANT PROGRAM
WHEREAS, the City of Poway is eligible to receive federal grant funds through the 2022
State Homeland Security Grant Program for emergency preparedness;
WHEREAS, the approved grant allocation for the City of Poway is $26,941;
WHEREAS, the federal grant funds for the State Homeland Security Grant Program
require no City matching funds, all grant-related expenditures are one-hundred percent
reimbursable, and the City shall incur no direct costs; and
WHEREAS, it is the desire of the City of Poway to participate in this program to enhance
emergency preparedness.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The following staff are hereby authorized to execute for and on behalf of
the City of Poway, a public entity established under the laws of the State of California, any actions
necessary for the purpose of obtaining federal financial assistance provided by the federal
Department of Homeland Security and sub-granted through the State of California.
3 of 4
Jeff Chumbley, Fire Chief
Jenna Stein, Sr. Management Analyst
(This section intentionally left blank.)
ATTACHMENT A May 2, 2023, Item #5
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Poway, California on the 2nd day of May, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4of 4 May 2, 2023, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA . REPORT Ci ty of Poway
May 2, 2023
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief ~
Jenna Stein, Sr. Managemet/. Analyst
858-668-4474 or jstein@poway.org
CITY COUNCIL
Resolution to Adopt the 2023 Multi-Jurisdictional Hazard Mitigation Plan
The National Disaster Mitigation Act of 2000 requires state and local governments to prepare a hazard
mitigation plan in order to receive financial assistance for disasters declared after November 1, 2004.
The County of San Diego led the effort to develop the first Multi-Jurisdictional Hazard Mitigation Plan
(MJHMP) which served as a guideline for lowering the risks and hazards in the region. The MJHMP is
composed of the County Base Plan and 18 city annexes including the City of Poway Annex. The MJHMP
is required by the Federal Emergency Management Agency (FEMA) and the State of California to be
updated and adopted every five years.
Recommended Action:
It is recommended the City Council approve the Resolution to adopt the 2023 Multi-Jurisdictional
Hazard ·Mitigation Plan. · · · ·
Discussion:
In 2003, the City of Poway established an in-house committee of staff from Development Services,
Public Works and the Fire Department. The committee identified hazards and developed mitigation
goals and objectives approved by Poway City Council in 2004 by adopting Resolution 04-035. The
MJHMP was subsequently reviewed, updated and approved in 2011 and 2017. A committee composed
of staff from the same departments met in early 2022 to update the goals and objectives for the 2023
MJHMP. The County, State and FEMA have accepted the updated MJHMP.
Environmental Review:
This item is not subject review under the California Environmental Quality Act (CEQA).
1 of 67 May 2, 2023, Item #6
Fiscal Impact:
None.
Public Notification:
A copy of this report was mailed to the County of San Diego Office of Emergency Services.
Attachments:
A. Resolution
B. 2023 Multi-Jurisdictional Hazard Mitigation Plan
Reviewed/Approved By:
w.~1se ~
Assistant City Manager
2 of 67
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
~~ Chris1Haze'
City Manager
May 2, 2023, Item #6
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ADOPTING THE REVISED 2023 MUL Tl-
JURISDICTIONAL HAZARD MITIGATION PLAN
WHEREAS, the San Diego region has experienced natural, technological, and human-
caused disasters on many occasions in the past, resulting in property loss, loss of life, economic
hardship and threats to public health and safety;
WHEREAS, the majority of San Diego's 3.3 million residents live in areas subject to these
disasters;
WHEREAS, a Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) has been developed
in collaboration with the County of San Diego and all 18 cities in the County including the City of
Poway;
WHEREAS, the MJHMP recommends hazard mitigation actions that can be designed and
implemented to promote the continued protection of people and property affected by the natural
and manmade hazards that face San Diego County;
WHEREAS, public meetings were held through the County to review the MJHMP as
required by law; and
WHEREAS, mitigation measures have been shown to be effective in saving lives and
reducing property damage caused by disasters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The 2023 Multi-Jurisdictional Hazard Mitigation Plan (MJHMP), a copy of
which is on record in the Fire Department in the City of Poway, is hereby adopted as an official
plan of the City of Poway.
SECTION 2: The recommended actions in the City _of Poway's section of the MJHMP
will receive priority consideration for implementation dependent upon factors such as funding and
resource availability.
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3 of67 ATTACHMENT A May 2, 2023, Item #6
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Poway, California on the 2nd day of May, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4of 67 May 2, 2023, Item #6
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6 of67 May 2, 2023, Item #6
1. SECTION ONE:
Determine the Planning Area and Resources
1.1. Planning Area: City of Poway
The City of Poway is located in inland San Diego County and is approximately 20 miles from
downtown San Diego. It is bordered to the north, south, and west by the City of San Diego and
by unincorporated San Diego County to the east. Poway covers 39.2 square miles and serves a
population of 48,841 (United State Census Bureau, 2020).
The community is primarily residential; however, it also has a thriving business park, located in
the southern portion of the City. The 1,500-acre South Poway Business Park is home to
approximately 600 businesses with more than 19,000 employees and occupies close to 11 million
square feet of building space. Poway also supports a well-developed business area, located
along Poway Road and Pomerado Road.
Based on March 31, 2020 Estimate Census Data (California Department of Finance), within the
city limits are 16,937 housing units, of which 75% are single family dwelling units. The Poway
Unified School District provides educational services to 38 public school campuses, serving
33,000 students. Twelve of these campuses are located within the City of Poway. According to
the US Census Bureau (2018), median household income is $105,732 and 6.6% of the
populations is below poverty level. Approximately 16.38% of the population is 65 years and over.
Poway has a climate that is characterized by mild winters and warm summers. Light rain usually
occurs in the spring and delivers an average of 12" annually. The annual temperatures range from
an average low of 52°, an average high of 73°, and a record high of 114° (www.weather.com).
1.2. Community Rating System Requirements
The Community Rating System (CRS) is a FEMA program and rewards communities that go
beyond the minimum standards for floodplain management under the National Flood Insurance
Program (NFIP). Communities can potentially improve their Community Rating System and lower
NFIP premiums by developing a CRS Plan. The City of Poway is an active participant in the
NFIP.
For more information on the National Flood Insurance Program, see
http://www.fema.gov/national-flood-insurance-program.
7 of67 May 2, 2023, Item #6
Community Rating Local Mitigation
System (CRS) Planning Planning
Steps Handbook Tasks
(44 CFR Part
201)
Task 1: Determine the Planning Area and
Step 1. Organize Resources
Task 2: Build the
Planning Team 44 CFR
201 .6(c)(1)
Task 3: Create an Outreach Strategy
Step 2. Involve the public 44 CFR 201.6(b)(1)
Task 4: Review Community Capabilities
Step 3. Coordinate 44 CFR 201.6(b)(2) & (3)
Step 4. Assess the hazard Task 5: Conduct a Risk
Assessment 44 CFR
Step 5. Assess the problem 201.6(c)(2)(i)
44 CFR 201 .6(c)(2)(ii) & (iii)
Step 6. Set goals Task 6: Develop a
Step 7. Review possible activities Mitigation Strategy 44 CFR
201.6(c)(3)(i)
Step 8. Draft an action plan 44 CFR 201.6(c)(3)(ii)
44 CFR 201 .6(c)(3)(iii)
Task 8: Review and Adopt the Plan
Step 9. Adopt the plan 44 CFR 201.6(c)(5)
Task 7: Keep the Plan Current
Step 10. Implement, evaluate, revise Task 9: Create a Safe and Resilient
Community 44 CFR 201 .6(c)(4)
TABLE 1: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 1.1 DESCRIBES THE CRS
REQUIREMENTS MET BY THE SAN DIEGO COUNTY MUL Tl-JURISDICTIONAL HAZARD MIT/GA TION PLAN. . . . .
Any jurisdiction or special district may participate in the hazard mitigation planning process.
However, to request FEMA approval, each of the local jurisdictions must meet all requirements of
44 CFR §201.6. In addition to the requirement for participation in the process, the Federal
regulation specifies the following requirements for multi-jurisdictional plans:
• The risk assessment must assess each jurisdiction's risk where they may vary from the risks
facing the entire planning area. (44 CFR §201 .6(c)(2)(iii))
• There must be identifiable action items specific to the jurisdiction requesting FEMA approval
or credit of the plan. (44 CFR §201.6(c)(3)(iv))
• Each jurisdiction requesting approval of the plan must document that is has been formally
adopted. (44 CFR §201.6(c)(5))
The hazard mitigation plan must clearly list the jurisdictions that participated in the plan and are
seeking plan approval. The San Diego County Multi-Jurisdictional Hazard Mitigation Plan and
annexes meet all requirements.
8 of67 May 2, 2023, Item #6
2. SECTION TWO: Build the Planning Team
2.1 . Planning Participants
• Bob Manis, Director of Development
• David De Vries, City Planner, Development Department
• Melody Rocco, City Engineer, Development Department
• Austin Silva, Senior Planner, Development Department
• Eric Heidemann, Director of Public Works Department
• Troy De Priest, Assistant Director, Utilities Division, Public Works Department
• Jessica Parks, Utilities Administrator
• Will Wiley, Assistant Director, Maintenance and Operation, Public Works Department
• Danielle McIntosh, Facilities and Maintenance Supervisor
• Jon Canavan, Fire Chief, Fire Department
• Scott Post, Interim Fire Chief, Fire Department
• Susy Turnbull, Disaster Preparedness Coordinator, Fire Department
• Brad Rosen, Assistant Director of Finance, Finance Department
• Lawrence Brillon, IT Analyst, Finance Department
• Dawn Winter, Network Administrator, Finance Department
2.2. Planning Process
The Disaster Preparedness Coordinator attended the Hazard Mitigation Working Group (HMWG)
meetings hosted by the San Diego County Office of Emergency Services. Internal planning
meetings were first held on an individual department basis, then group meetings with every
department involved. Due to COVID restrictions, the majority of these meetings were held via
Microsoft Teams.
All documents were uploaded in the city's SharePoint site. Departments populated their
information and the Disaster Preparedness Coordinator consolidated and finalized the
documents. Citywide Hazard Mitigation Actions were agreed upon by the local planning group for
the final actions. The Disaster Preparedness Coordinator uploaded all documents in the County's
SharePoint site for the submission process.
9 of67 May 2, 2023, Item #6
3. SECTION THREE: Create an Outreach
Strategy
See the San Diego County Multi-Jurisdictional Hazard Mitigation Plan's Section Three for details
about the county-wide outreach strategy.
10 of67 May 2, 2023, Item #6
Transportation Plan Yes !Yes
2013
Stormwater Management Plan Yes lJurisdictional Runoff Management Plan -Yes
2019
Community Wildfire Protection Plan Yes-!The City of Poway has multiple aspects of the CWPP
On-~ The Wildfire Defensible Space Program, Weed
Going ~batement Program and enhanced monitoring of all
new development in the Very High Fire Hazard
Severitv Areas (VHFHSA).
M. Real estate disclosure requirements No
Other special plans (e.g., brownfields Yes Disaster Recovery Plan (2019)
redevelopment, disaster recovery, Landscape Irrigation Design Manual (2017). The
coastal zone management, climate Landscape Manual addresses Fire Hazards, it does
change adaptation) not identify specific projects to include in the
mitigation strategy.
The Landscape Manual can be used to implement
mitiqation actions.
iThis jurisdiction can improve these capabilities by continuing to collaborate with partners and
participating in/staying briefed on updates related to the Disaster Recovery Plan, the Wildfire
Defensible Space Program, Weed Abatement Program, new development in VHFHSA, and the
General Plan.
TABLE 2: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 4.1 DATA .
12 of 67 May 2, 2023, Item #6
4.1.2. Administrative and Technical
Administrative and technical capabilities include staff and their skills and tools that can be used
for mitigation planning and to implement specific mitigation actions. For smaller jurisdictions
without local staff resources, if there are public resources at the next higher-level government that
can provide technical assistance, indicate so in your comments:
Administration Yes/No
Planner(s) or engineer(s) with knowledge
of land
development and land management
practices
Engineer(s) or professional(s) trained in
construction practices related to buildings
and/or infrastructure
Planners or Engineer(s) with an
understanding of natural and/or
manmade hazards
Mitigation Planning Committee
Maintenance programs to reduce risk
_(~,g., tree trimming, clearing drainage
systems)
Mutual aid agreements
Staff
Chief Building Official
Floodplain Administrator
13 of 67
Yes
Yes
y
Yes
Yes
Yes
Yes/No
FT/PT'
-
Describe capability
Is coordination effective?
Engineering staff are trained to become familiar with
nd to enforce all applicable Federal, State, and
Local regulations and requirements of land
evelopment and land management practices. Yes.
onduct inspections of private and public
onstruction projects inspecting materials and
orkmanship to ensure compliance with approved
plans and specifications; inspect conditions prior to
he start of construction, during construction, and
u on com letion. Yes.
Both Planers and Engineers understand various
ypes of natural and man made hazards. Staff is
rained to assist with hazard mitigation when/if it
ccurs and appropriate mitigation measures are
incor orated all develo menu construction ro·ects.
Development Review Committee and Planning
Review Group
rees that are in the right away, drainage, parks,
nd LMD's (Land Maintenance Districts) are all on a
chedule to get trimmed. Drainage system is
maintained annual! .
Participate in the California Fire Rescue and Mutual
id System, the San Diego County Operational
rea Emergency Operations Plan. The California
Master Mutual Aid Agreement. (Ask Will about the
Public Works MA
Is staffing adequate to enforce
regulations? Is staff trained on
hazards and mitigation?
Is coordination between agencies and staff
effective?
es
es -Part of other duties assigned to full-time
position
May 2, 2023, Item #6
Emergency Manager Y-FT (1) !Yes/Yes/ Yes
Surveyors Yes Staffing within the City of Poway is not adequate.
However, on-call consultants are relied upon for
survey work.
Training provided through State survey license and
necessary training is reviewed upon consultant
selection.
Coordination is effective.
Staff with education or expertise to Yes Fire and Land Use Planning
assess the community's vulnerability to
hazards
Community Planner Yes-FT
Scientists familiar with the hazards of the Yes Staffing within the City of Poway is not adequate.
community However, on-call consultants are relied upon for
scientific work.
Necessary training is reviewed upon consultant
selection.
Coordination is effective.
Civil Engineer 6 FT !Yes
Personnel skilled in GIS and/or HAZUS Yes IT GIS Analyst
Grant writers y Staff in all departments to apply for grants.
Other
I
Yes/No I
Describe capability
Technical Has capability been used to assess/mitigate
risk in the past?
Warning systems/services Yes IAlertSanDiego for Reverse 9-1-1 -Used by City
(Reverse 911 , outdoor warning signals) Wireless Emergency Alert (WEA) -Used by County
Changeable Message Boards -Used by City
Hazard data and information Yes Fire pre-planning and wildfire pre-planning
documentation, evacuation mapping, GIS database.
Grant writing Yes ~II departments have grant writers
Hazus analysis Yes rrhe County Office of Emergency Services provides
~azard data and information to assess and mitigate
risk. FEMA Hazus program is used to identify and
mitigate risks in the area.
rThis iurisdiction can improve these capabilities by continuin!:I to collaborate with oartners to
14 of 67 May 2, 2023, Item #6
The City of Poway has adopted specific plans that accommodate additional future residential and
commercial units. A proposed amendment to the Housing Element identifies an inventory of sites
hat can provide 1,319 new dwelling units outside of natural hazard areas.
Transportation
1. Does the transportation plan limit access to hazard areas? X
Sidewalks and bikeways are generally not provided in hazard areas.
2. Is transportation policy used to guide growth to safe locations? X
Poway Road Specific Plan and The Farm in Poway Specific Plan were adopted to provide growth
in safe urban areas.
3. Are movement systems designed to function under disaster conditions (e.g., X
evacuation)?
Pomerado Road is established as an alternative route to the 1-15 in the event of significant traffic.
!This could also be used to direct residents during a disaster situation, however it has yet to be
used for that function. No other movement systems have been established.
TABLE 6: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 4.2 DA TA
Comprehensive Plan (continued) Yes No
Environmental Management
1. Are environmental systems that protect development from hazards identified and X
mapped?
High Fire Hazard Areas and Floodway/Floodplain zones have been mapped and appropriate
measures to protect development are in place. There are no seismic areas of concern in Poway.
2. Do environmental policies maintain and restore protective ecosystems? X
The City has adopted the Poway Subarea Habitat Conservation Plan Natural Community
Conservation Plan to manage and protect sensitive habitats.
3. Do environmental policies provide incentives to development that is located outside X
protective ecosystems?
18 of 67 May 2, 2023, Item #6
Development within the mitigation area is limited to 2 acres of habitat removal. Areas outside the
mitigation area do not have this limit.
Public Safety
1. Are the goals and policies of the comprehensive plan related to those of the FEMA X
Local Hazard Mitigation Plan?
rThe city is in the process of updating the Safety Element of the General Plan. The current Safety
Element considers hazard areas such as Floodway/Floodplain and Wildfire areas.
2. Is safety explicitly included in the plan's growth and development policies? X
~es, there is a Public Safety Element within the City's General Plan.
3. Does the monitoring and implementation section of the plan cover safe growth X
objectives?
Poway Road Specific Plan and The Farm in Poway Specific Plan were adopted to provide growth
in safe urban areas.
TAB LE 7: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 4.2 DATA CONTINUED.
Comprehensive Plan (continued) Yes No
Environmental Management
1. Are environmental systems that protect development from hazards identified and X
manned?
High Fire Hazard Areas and Floodway/Floodplain zones have been mapped and appropriate
measures to protect development are in place. There are no seismic areas of concern in Poway.
2. Do environmental policies maintain and restore protective ecosystems? X
The City has adopted the Poway Subarea Habitat Conservation Plan Natural Community
Conservation Plan to manage and protect sensitive habitats.
19 of 67 May 2, 2023, Item #6
3. Do environmental policies provide incentives to development that is located outside X
protective ecosystems?
Development within the mitigation area is limited to 2 acres of habitat removal. Areas outside the
mitigation area do not have this limit.
Public Safety
1. Are the goals and policies of the comprehensive plan related to those of the FEMA X
Local Hazard Mitigation Plan?
The City is in the process of updating the Safety Element of the General Plan. The current
Safety Element considers hazard areas such as Floodway/Floodplain and Wildfire areas.
2. Is safety explicitly included in the plan's growth and development policies? X
Yes, there is a Public Safety Element within the City's General Plan.
3. Does the monitoring and implementation section of the plan cover safe growth X
objectives?
Poway Road Specific Plan and The Farm in Poway Specific Plan were adopted to provide growth
in safe urban areas.
TABLE 8: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 4.2 DATA CONTINUED.
Capital Improvement Program and Infrastructure Policies Yes No
1. Does the capital improvement program limit expenditures on projects that would X
encourage development in areas vulnerable to natural hazards?
2. Do infrastructure policies limit extension of existing facilities and services that would X
encourage development in areas vulnerable to natural hazards?
3. Does the capital improvement program provide funding for hazard mitigation X
projects identified in the FEMA Mitigation Plan?
20 of67 May 2, 2023, Item #6
rrhe Capital Improvement Program does not have funding specifically for hazard mitigation
r:>rojects but rather funds projects as they are identified and funding becomes available.
Other
1. Do small area or corridor plans recognize the need to avoid or mitigation natural
hazards?
2. Does the building code contain provisions to strengthen or elevate construction to
withstand hazard forces?
3. Do economic development or redevelopment strategies include provisions for mitigation
natural hazards?
4. Is there an adopted evacuation and shelter plan to deal with emergencies from natural
hazards?
I Yes I
X
X
X
X
TABLE 9: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 4.2 DATA CONTINUED.
No
Questions were adapted from Godschalk, David R. Practice Safe Growth Audits, Zoning Practice, Issue Number 10, October 2009,
American Planning Association.
4.3. National Flood Insurance Program (NFIP)
As a participant in the National Flood Insurance Program (NFIP), a community develops
capabilities for conducting flood mitigation activities. The hazard mitigation plan must describe
each jurisdiction's participation in the NFIP. Participating communities must describe their
continued compliance with NFIP requirements. The mitigation plan must do more than state that
the community will continue to comply with the NFIP. Each jurisdiction must describe their
floodplain management program and address how they will continue to comply with the NFIP
requirements. The local floodplain administrator is often the primary source for this information.
Jurisdictions where FEMA has issued a floodplain map but are currently not participating in the
NFIP may meet this requirement by describing the reasons why the community does not
participate. Plan updates must meet the same requirements and document any change in
floodplain management programs.
The City of Poway is an active participant in the NFIP.
21 of 67 May 2, 2023, Item #6
NFIP Topic Source of Information Comments
Insurance Summary
How many NFIP policies are in State NFIP ~s of 5/2/21
the community? What is the total Coordinator or FEMA :258 Policies
premium and coverage? NFIP Specialist $373,157 Total Premium
How many claims have been paid FEMA NFIP or i71 Paid Claims
in the community? What is the Insurance Specialist 1$735,017.25 Total Paid
total amount of paid claims? How 14 Substantial Damage Claims
many of the claims were for
substantial damaae?
How many structures are Community Floodplain ~21
exposed to flood risk within the Administrator (FPA)
communitv?
Describe any areas of flood risk Community FPA and Not applicable
with limited NFIP policy coverage FEMA Insurance
Specialist
Staff Resources
Is the Community FPA Community FPA No, but a department staff member is certified.
or NFIP Coordinator
certified?
Is floodplain management an Community FPA No, the Development Services Department,
auxiliary function? Land Development Division administers the
lfioodolain requlations.
Provide an explanation of NFIP Community FPA rrhe Land Development Division within the
administration services (e.g., Development Services Department administers
permit review, GIS, education or !all aspects of the NFIP program except GIS.
outreach, inspections, rrhis includes permitting, education and
engineering capability) [Outreach, and inspections. GIS is administered
lbv the IT Division of the Finance Department.
What are the barriers to running an Community FPA None
effective NFIP program in the
community, if any?
Compliance History
Is the community in good State NFIP Yes
standing with the NFIP? Coordinator, FEMA
NFIP Specialist,
communitv records
Are there any outstanding No
compliance issues (i.e., current
violations)?
When was the most recent February 26, 2014
Community Assistance Visit
(CAV) or Community Assistance
Contact (CAC)?
Is a CAV or CAC scheduled or Scheduled for June 9, 2021
needed?
TABLE 10: FEMA LOCAL MITIGA TION PLANNING HANDB OOK WORKSHEET 4.3 DA TA .
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NFIP Topic Source of Information Comments
Regulation
When did the community enter the Community Status 1985
NFIP? Book
http://www.fema.gov/
national-flood-
insurance-
program/national-
flood-insurance-
program-
community-status-
book
Are the FIRMs digital or paper? Community FPA Both
Do floodplain development Community FPA City of Poway floodplain development
regulations meet or exceed FEMA regulations meet, and in some cases exceed,
or State minimum requirements? FEMA and State minimum requirements. For
If so, in what ways? example, Poway Municipal Code requires all
new residential construction to be at least one
'oot above the base flood elevation (California
only requires new residential construction to be
at the base flood elevation.)
Provide an explanation of the Community FPA, During Discretionary Review of a project, the
permitting process. State, FEMA NFIP applicant is notified of the floodplain
Flood Insurance !development regulations applicable to the site
and project. The conditions of approval for the Manual project include condition(s) specifying the http://www.fema.gov/ requirements for development within the flood-insurance-Special Flood Hazard Area (SFHA). Prior to manual he issuance of a Grading or Building Permit for
Community FPA, any work within the SFHA, a City of Poway
FEMA CRS Floodplain Development Permit is required. A
Coordinator, ISO ~ite plan must be submitted and is reviewed for
representative conformance with the Poway Municipal Code
CRS manual http:// floodplain development requirements. The
. www.fema.gov/library/ floodplain Development Per_mit is not issued
viewRecord.do?id=2434 until the plans are in conformance. Occupancy
of any new habitable structures or additions is
not granted until applicable documentation (i.e.
Elevation Certificate) has been submitted and
aooroved by the City.
Community Rating System (CRS)
Does the community participate in Community FPA, !Yes
CRS? State, FEMA NFIP
What is the community's CRS Flood Insurance 8
Class Ranking? Manual
http://www.fema.gov/
flood-insurance-
manual
What categories and activities The majority of the points come from public
provide CRS points and how outreach projects, open space preservation,
can the class be improved? and the higher regulatory standards activities.
[The community class rating could be improved
by implementing more creditable activities and
!documenting procedures as stated in the NFIP
CRS Coordinator's Manual.
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Does the plan include CRS Community FPA, No
planning requirements FEMA CRS
Coordinator, ISO
representative
CRS manual http://
www.fema.gov/library/
viewRecord.do?id=2434
TABLE 11 : FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 4.3 DATA CONTINUED.
24 of67 May 2, 2023, Item #6
5. SECTION FIVE: Conduct a Risk
Assessment
The planning team conducts a risk assessment to determine the potential impacts of hazards to
the people, economy, and built and natural environments of the community. The risk assessment
provides the foundation for the rest of the mitigation planning process, which is focused on
identifying and prioritizing actions to reduce risk to hazards.
In addition to informing the mitigation strategy, the risk assessment also can be used to establish
emergency preparedness and response priorities, for land use and comprehensive planning, and
for decision making by elected officials, city and county departments, businesses, and
organizations in the community.
5.1. Hazards Summary
FIRE HISTORY
Major portions of the town were evacuated during both the 2003 Cedar Fire and 2007 Witch Creek
Fire. These two significant fires were part of historical fires in San Diego County. In recent years,
local air support and mutual aid assistance has increased significantly. This has helped to prevent
small vegetation fires spreading to become out of control wildland fires.
How the Cedar Fire affected Poway:
• Homes -53 single family homes in Poway (unknown total structures)
• Acres burned in Poway -7,000
• Lives -Fifteen fatalities in the county, including one firefighter (these numbers are not limited
to Poway)
-• Evacuations -Information unavailable
• Evacuation Centers -The American Red Cross opened numerous evacuation sites
throughout the county. Most residents from the Poway area evacuated to Mira Mesa High
School. Qualcomm Stadium was opened by City of San Diego staff and housed thousands of
evacuees for numerous days.
How the Witch Creek affected Poway:
• Structures -95 structures destroyed, 90 of these were primary single-family homes.
• Acres burned in Poway -7,247
• Lives -Ten fatalities in the county
• Evacuations -7,000 residents of Poway (515 residents in the county)
• Evacuation Centers -Poway High School was initially established as an evacuation center.
This site was closed 11 hours later due to poor air quality at the High School. Five hours
later, city staff opened the Poway Community Center as the main evacuation site for the area.
Approximately 300 residents took refuge at the community center, which closed three days
later.
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The 1967 Fire began in Ramona on October 27, 1967 and burned over 55,00 acres of San Diego
County land. During the fires 26 buildings were destroyed, including 16 homes in Poway. Schools
and hundreds of people were evacuated, although no information was provided as to where they
were evacuated. During this fire, 300 Poway High School students were pressed into service as
firefighters when the fire threatened to surround the school. 900 firefighters fought the fires
including 700 who were out of area. No lives were lost, but five firefighters were burned, and one
firefighter collapsed from smoke inhalation. In addition to the buildings lost, hundreds of livestock
died as a result of this fire.
HAZARD IDENTIFICATION
The City of Poway is exposed to several hazards and has the potential to be impacted to varying
degrees from natural, technological, or man-made disasters. The City of Poway continues to work
with local planning groups to determine its exposure and loss potential to identified hazards in the
city.
Through the hazard mitigation planning process, the City has identified wildfire/structure fire,
earthquake (liquefaction and landslide), floods/dam inundation, man-made hazards (hazardous
materials, plane/train crash, etc.), and extreme heat and drought as high -medium hazards for
the city. After reviewing the localized hazard maps and exposure and loss tables developed during
the most recent county-wide hazard mitigation analysis (2017), hazards were identified as threats
to the City using the following formula [ see Table 12, page 23]:
Probability of Future Events
• Unlikely: Less than 1 percent probability of occurrence in the next year or a recurrence
interval of greater than every 100 years.
• Occasional: 1 to 10 percent probability of occurrence in the next year or a recurrence
interval of 11 to 100 years.
• Likely: 10 to 90 percent probability of occurrence in the next year or a recurrence interval
of 1 to 10 years
• Highly Likely: 90 to 100 percent probability of occurrence in the next year or a recurrence
interval of less than 1 year.
Overall Significance
• Low: Two or more criteria fall in lower classifications, or the event has a minimal impact
on the planning area. This rating is sometimes used for hazards with a minimal or unknown
record of occurrences or for hazards with minimal mitigation potential.
• Medium: The criteria fall mostly in the middle ranges of classifications and the event's
impacts on the planning area are noticeable but not devastating. This rating is sometimes
used for hazards with a high extent rating but very low probability rating.
• High: The criteria consistently fall in the high classifications and the event is likely/highly
likely to occur with severe strength over a significant to extensive portion of the planning
area.
Definitions for Classifications
Location {Geographic Area Affected)
• Negligible: Less than 10 percent of planning area or isolated single-point occurrences
26 of67 May 2, 2023, Item #6
• Limited: 10 to 25 percent of the planning area or limited single-point occurrences
• Significant: 25 to 75 percent of planning area or frequent single-point occurrences
• Extensive: 75 to 100 percent of planning area or consistent single-point occurrences
Maximum Probable Extent (Magnitude/Strength based on historic events or future
probability)
• Weak: Limited classification on scientific scale, slow speed of onset or short duration of
event, resulting in little to no damage
• Moderate: Moderate classification on scientific scale, moderate speed of onset or
moderate duration of event, resulting in some damage and loss of services for days
• Severe: Severe classification on scientific scale, fast speed of onset or long duration of
event, resulting in devastating damage and loss of services for weeks or months
• Extreme: Extreme classification on scientific scale, immediate onset or extended duration
of event, resulting in catastrophic damage and uninhabitable conditions
o Cumulative meteorological drought and wet conditions: http://ncdc.noaa.gov/
o Earthquake intensity and effect on population and structures: http://earthquake.usgs.gov
o Earthquake magnitude as a logarithmic scale, measured by a seismograph: http://earthquake.usgs.gov
o Hurricane rating based on sustained wind speed: http://nhc.noaa.gov
o Tornado rating based on wind speed and associated damage: http://spc.noaa.gov
Hazard Scale/ Index Weak Moderate Severe Extreme
Drought Palmer Drought Severity lndex3 1.99 to 2.00 to 3.00 to 4.00 and
below l+1 .99 2.99 3.99
Modified Mercalli Scale4 I to IV VtoVII ~II IX to XII
Earthquake Richter Magnitude5 12, 3 4, 5 p 7, 8
Hurricane Wind Saffir-Simpson Hurricane Wind 1 12 ~ 14, 5
Scale6
:Tornado Fujita :Tornado Damage Scale? F0 F1, F2 F3 F4, F5
27 of 67 May 2, 2023, Item #6
Summarize hazard description information and identify which hazards are most
significant to the planning area:
Location Maximum Probable Probability of Overall Hazard (Geographic Extent
Area (Magnitude/Strength) Future Events Significance
Affected) Ranking
Avalanche Negligible Weak Unlikely Low
Dam Failure Limited Moderate Occasional Medium
Drought Significant Severe Likely High
Earthquake Extensive Extreme Likely Medium
Erosion Negligible Weak Occasional Low
Expansive Soils Negligible Weak Unlikely Low
Extreme Cold Negligible Weak Unlikely Low
Extreme Heat Significant Moderate Likely Medium
Flood Significant Moderate Likely Medium
Hail Negligible Weak Unlikely Low
Hurricane Negligible Weak Unlikely Low
Landslide Limited Moderate Occasional Medium
Lightning Limited Moderate Occasional Low
Sea Level Rise Negligible Weak Unlikely Low
Severe Wind Limited Moderate Likely Low
Severe Winter Negligible Weak Unlikely Low
Weather
Storm Surge Negligible Weak Unlikely Low
Subsidence Negligible Weak Unlikely Low
Tornado Negligible Weak Unlikely Low
Tsunami Negligible Weak Unlikely Low
Wildfire Extensive Extreme Highly Likely High
TABLE 12: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 5.1 DATA.
28 of67 May 2, 2023, Item #6
Identified Hazards in Poway
Wildfire -High Threat
Much of the area within the City of Poway's borders is considered a high fire hazard
environment. Fire is part of our natural ecology, as history demonstrates that fires have burned
periodically throughout the city and adjacent areas. Today, all the factors necessary to support
large, intense, and uncontrollable fires remain. What is different in the City of Poway is an
increased population with an increase of homes in these so called "wildland urban interface"
(WUI) areas, sometimes with little regard to fire's threat. As human activity increases in these
interface areas, the incident of fire activity increases as well. This has increased the risks of
more and more disastrous fires causing huge losses and amplified the demands on firefighting
resources.
Due to the City's location, population and topography it is highly vulnerable to some (e.g.
wildfire and flooding), but not all the hazards (e.g. tsunami) are likely to affect the City of
Poway.
Extreme Heat and Drought-High Threat
Scientists forecast that average summer temperatures will be 4.8°F higher in the near future,
with extreme heat events also becoming more frequent and intense in the region. These heat
events present a direct hazard to residents who are at increased risked of medical
complications from increased temperatures. Extreme heat events can also impact local air
quality conditions through the increase of smog-forming, ground-level ozone levels and result
in additional public health concerns. Additionally, these heat events can also lead to periods
of prolonged drought. In 2020, California is just three-years removed from a seven-year
drought. With the limited water supplies available to the region and as the demand on local
water supply increases, the State of California, including the City of Poway, are never far
returning to drought conditions.
In addition, the city of Poway could also be impacted by hazards in neighboring cities. The
City of San Diego and the unincorporated areas of the County of San Diego are bordering
Poway. Their hazards almost mirror Poway's hazards and have the potential to cross
boundaries and require a coordinated response between the cities. More information on the
hazards of neighboring cities can also be found in the San Diego County Multi-Jurisdictional
Hazard Mitigation Plan.
Imminent I Actual Dam Failure -Medium Threat
The Office of Emergency Services maintains the Dam Evacuation Plans for the entire
Operational Area. The plans contain information about the physical situation, affected
jurisdictions, evacuation routes, unique institutions and event responses. Each plan also
contains: a master phone list; inundation maps showing direction of flow and inundation area
boundaries; hospitals; multipurpose staging areas; command posts/sites; and mass care and
shelter facilities/sites.
Portions of Poway could experience flooding as a result of dam failure at Lake Poway. Poway
has an established plan in the event of dam failure or spillage of water over the spillway. In
the unlikely event Poway's dam fails or spills, water will flow through the Blue Sky Preserve,
across the lower portion of Old Coach Road, and into Lake Hodges.
29 of 67 May 2, 2023, Item #6
Poway Dam is inspected daily, and any discharge is controlled and monitored. If the dam is
determined to spill within thirty-six hours, monitoring is increased to every twelve hours.
Monitoring is increased to every six hours when dam spill is expected to occur within twenty-
four hours. Public notification is also issued at this time with Alert San Diego and door-to-door
notification of all downstream residents. Personnel are stationed on the dam to continually
monitor the spill way and surrounding area and would notify all impacted parties of imminent
spill.
Additional activities include evacuating the Blue Sky Ecological Reserve and suspending park
ranger patrols in the Reserve, notifying affected City departments, and issue public notification
as necessary. Monitoring of the dam would continue until the discharge has ended.
The Department of Water Resources, Division of Safety of Dams is notified immediately in the
event of a dam emergency. This is in accordance with Section 6101 of Division 3 of the
California Water Code, when an unprecedented flood or usual or alarming circumstance or
occurrence affecting the dam or reservoir exists.
Flood/Dam Inundation -Medium Threat
Local Flooding
A heavy and rapid down pour of rainwater could cause localized flooding for a short period
of time. Poway has several flood prone areas from tributaries feeding into the Los
Penasquitos Creek drainage basin. Historically, local flooding has occurred in Poway
Creek, Rattlesnake Creek, Beeler Creek, and Green Valley Creek; some events
considered to meet 100-year flood conditions. Recent improvements to the storm water
system and enhanced maintenance activities have significantly reduced risk. The City's
purchase and removal of properties over the past decades within the floodway has also
reduced risk and potential damage from flooding .
Poway Creek
Properties located south of Poway Creek from Sycamore Canyon Road to Cobblestone
Creek_Road would likely experience limited and perhaps no access, depen_ding upon the
severity of the flood event. Properties along Vista View Drive, Adah Lane, Welton Lane,
Clair Drive, Golden Way, Sycamore Canyon Road, Beeler Creek Terrace and
Cobblestone Creek Road, are particularly vulnerable, and could experience access
problems.
Rattlesnake Creek
Past flood events along Rattlesnake Creek have impacted properties near Ezra Lane,
Midland Road (south of Twin Peaks to Aubrey Street), Sycamore Avenue and York
Avenue (south from Norwalk road to Edgemore Street). Recent property purchases,
construction of Aubrey Park, and improvements to the storm water system along
Community Road will improve flows and assist in reducing potential damage along
Rattlesnake Creek.
Beeler Creek
Flooding has occurred along Beeler Creek impacting residents who take access along Old
Pomerado Road . Improvements from construction of Scripps Poway Parkway and along
30 of 67 May 2, 2023, Item #6
Old Pomerado Road have reduced the risks somewhat; nonetheless, the area south of
Paseo Colina on Old Pomerado Road could experience flooding impairing access.
Green Valley Creek
Localized flooding has occurred on Orchard Bend Road, Sagewood Drive and Martincoit
Road in the past necessitating road closures on roads north of Camino Del Valle. Many
of the drainages in the area are on private properties and difficult to access which can lead
to very localized flooding in areas where residents fail to clear their own facilities.
Old Coach
Old Coach Road has been closed due to flooding at Sycamore Creek crossing just north
of the intersection of Old Coach and Espola Roads. This area would also be impacted by
overflows or failure of the Lake Poway Dam. An all-weather emergency access road has
been provided through the Maderas/Heritage development linking the communities to
High Valley Road in the event Old Coach Road is closed.
Earthquake -Medium Threat
A major earthquake occurring in San Diego County could impact the City of Poway and cause
many casualties, extensive property damage, fires, flooding, and other ensuing hazards. The
effects could be aggravated by aftershocks and by secondary effects of fire, landslides, and
dam failure. The time of day and season of the year would also have a profound effect on the
number of dead and injured and the amount of damage sustained. Such an earthquake could
be catastrophic in its effect on the population and could exceed the response capability of the
City of Poway. Damage control and disaster relief support would be required from all local
governments and private organizations as well as the State and Federal governments.
Extensive search and rescue operations could be required to assist trapped or injured
persons. Emergency medical care, food and temporary shelter would be needed by injured
or displaced persons. Identification and burial of the dead would pose difficult problems; and
public health would be a major concern. Mass evacuation could be essential to save lives,
part_icularly in areas below dams. Many famili~s would be separate<;!, particularly if the
earthquake should occur during working hours and a personal inquiry or locator system would
be imperative to maintain family support systems. Emergency operations could be seriously
hampered by the loss of communications; damage to transportation routes; and by the
disruption of public utilities and services.
Extensive local, State and Federal assistance would be immediately required and could
continue over an extended period. These recovery efforts would require activities such as:
removal of debris and clearing roadways, demolishing unsafe structures, assisting in
reestablishing public services and utilities, and providing continuing care and welfare for the
affected population, including temporary housing for displaced persons.
Man-Made
Terrorism and crime can create vulnerabilities within the facilities within the City. The City of
Poway is within the flight path of Marine Corps Air Station Miramar and relatively close to
Lindbergh Field and Ramona Airport. The possibility of an airplane crash on take-off or
approach from any of these facilities is low, but the cumulative hazard from all these facilities
is significant.
31 of 67 May 2, 2023, Item #6
Critical Infrastructure in Poway
Critical Facility Type Jurisdiction Name Counts
EMERGENCY-Fire Poway 3 Departments
EMERGENCY -Emergency Poway 2 Operations Center
EMERGENCY -Sheriff Sub-Poway 1 station
EMERGENCY-SCHOOLS Poway 3 (Evacuation Centers)
EMERGENCY -Water Poway 1 Treatment Plant
32 of67 May 2, 2023, Item #6
6. SECTION SIX: Develop a Mitigation
Strategy
The mitigation strategy serves as the long-term blueprint for reducing potential losses identified
in the risk assessment. The mitigation strategy describes how the community will accomplish the
overall purpose, or mission, of the planning process.
The mitigation strategy is made up of three main required components: mitigation goals, mitigation
actions, and an action plan for implementation. These provide the framework to identify, prioritize,
and implement actions to reduce risk to hazards.
Mitigation goals are general guidelines that explain what the community wants to achieve with
the plan They are usually broad policy-type statements that are long-term, and they represent
visions for reducing or avoiding losses from the identified hazards
Mitigation actions are specific projects and activities that help achieve the goals.
The action plan describes how the mitigation actions will be implemented, including how those
actions will be prioritized, administered, and incorporated into the community's existing planning
mechanisms. In a multi-jurisdictional plan, each jurisdiction must have an action plan specific to
that jurisdiction and its vulnerabilities.
Although not required, some communities choose to develop objectives to help define or
organize mitigation actions. Objectives are broader than specific actions, but are measurable,
unlike goals. Objectives connect goals with the actual mitigation actions
6.1. Mitigation Action Evaluation
Use this worksheet to help evaluate and prioritize each mitigation action being considered by the
planning team. For each action, evaluate the potential benefits and/or likelihood of successful
implementation for the criteria defined below.
Rank each of the criteria with a -1, 0 or 1 using the following scale:
• 1 = Highly effective or feasible
• 0 = Neutral
• -1 = Ineffective or not feasible
Example Evaluation Criteria:
• Life Safety -How effective will the action be at protecting lives and preventing injuries?
• Property Protection -How significant will the action be at eliminating or reducing
damage to structures and infrastructure?
• Technical -Is the mitigation action technically feasible? Is it a long-term solution?
Eliminate actions that, from a technical standpoint, will not meet the goals.
• Political -Is there overall public support for the mitigation action? Is there the political will
to support it?
• Legal -Does the community have the authority to implement the action?
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• Environmental -What are the potential environmental impacts of the action? Will it
comply with environmental regulations?
• Social -Will the proposed action adversely affect one segment of the population? Will the
action disrupt established neighborhoods, break up voting districts, or cause the relocation
of lower income people?
• Administrative -Does the community have the personnel and administrative capabilities
to implement the action and maintain it or will outside help be necessary?
• Local Champion -Is there a strong advocate for the action or project among local
departments and agencies that will support the action's implementation?
• Other Community Objectives -Does the action advance other community objectives,
such as capital improvements, economic development, environmental quality, or open
space preservation? Does it support the policies of the comprehensive plan?
36 of 67 May 2, 2023, Item #6
Mitigation Action
Plans and Regulations
Life
Safety StB'lam,11o;eJ1 Political mmt■:fu'lli•l1Jl1i:JlttJi Social Administrative Local
Champion
other
Community
Objectives
Mitigation Action #1: Promote resistance to the effects of disasters upon development and infrastructure
Evaluate and revise the
General Plan to further
promote resistance to the I 1 I 0 I 1 . I 1 I 1 I 1 I 1 I 1 I 1 I 1 :effects of disasters upon
Development and
infrastructure
Review and update FEMA
maps regarding flood risk in I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1
Powa}:'. as necessa
Evaluate ways to improve
road access for emergency I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1
ehicles in remote locations
Update the Water Master
Plan. Evaluate hydrants,
1creating loops, and other I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1
means to improve pressure
and volume where needed
Upgrade and improve the
use of technologies used in I
he City's Emergency 0 I 0 I 1 I 1 I 1 I 0 I 1 I 1 I 1 I 0
Oeerations Centers I I I I I I I I I I Total Score 4 3 5 5 5 4 5 5 5 4
37 of67
I
I
I
I
I
I
Total
Score
9
10
10
10
6
45
May 2, 2023, Item #6
Mitigation Action Life Safety Property
Protection Technical Political Legal Environmental Social Administrative Local
Champion
Structure and Infrastructure Projects
Mitigation Action #3: Reduce the possibility of damage and losses to people,
existing assets and critical facilities/infrastructure due to Wildfire
Provide maps of potential
ildfire areas in Poway. I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1
Update fire control and
evacuation plans for I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 1areas near wildland I
egetation
Update the existing safety
plan developed by the fire I
!department for the High 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1
allel area.
Upgrade road access,
surface, and grade for fire I
safety equipment at 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1
identified locations.
Update the Water Master
Plan with particular I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 attention to fire system
uegrades as needed
Evaluate possible use of
certain City trails as I 1 I 1 I 1 I 1 I 1 I 1 I 0 I 1 I 1 auxiliary routes in
emergencl
Maintain improved wildfire
defensible space I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1
strategies
38 of 67
I
I
I
I
I
I
I
Other
Community
Objectives
1
1
1
1
1
0
1
Total Score
I 10
I 10
I 10
I 10
I 10
I 8
I 10
May 2, 2023, Item #6
Perform
maintenance/clearing
activity to keep 1 1 1 1 1 1 0 1 1 0 8
emergency corridors
accessible.
Total Score 8 8 8 8 8 8 6 8 8 6 76
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6.2. Mitigation Action Implementation
A mitigation action is a specific action, project, activity, or process taken to reduce or eliminate
long-term risk to people and property from hazards and their impacts. Implementing mitigation
actions helps achieve the plan's mission and goals. The actions to reduce vulnerability to threats
and hazards form the core of the plan and are a key outcome of the planning process. This annex
details the following mitigation action implementations:
Jurisdiction:
City of Poway
Mitigation Action/Project Mitigation Action #1 Promote resistance to the effects of disasters upon
Title: development and infrastructure
Hazards Addressed Wildfires, Drought, Floods, Earthquakes, Dam Failure, Extreme Heat and
Landslide.
Background/Issue: The City of Poway has the desire to maintain a commitment to hazard mitigation
activities and documentation to best serve the community.
Ideas for Integration: • The General Plan / Safety Element is updated every 8-years. Mitigation
Actions from the Hazard Mitigation Plan are included in the updated Safety
Element to reflect the priorities.
• The Development Review Committee (DRC) meets every Monday morning
to review all plans for new and ongoing construction in the city. The
Development Services Department, Fire Department, Public Works and GIS
participate in this weekly meeting. All plans are reviewed to ensure Municipal
Codes and safety issues are followed before issuing permits, and while
building occurs.
• The GIS Department provides maps of the Very High Fire Hazard Zones and
FEMA's 100-and 500-year flood plain maps. These maps are review the by
Development Service Department and Fire Department for all new
construction in the city.
• The Public Works Department reviews all plans to ensure there will be
adequate water supply to meet the needs of the fire department in the event
of a wildfire or other emen:Iencies.
Mitigation Actions ifhese actions will be integrated into existing city plans, such as the General
Plan, written policies, City of Poway Municipal Codes and ordinances and the
Poway Dam Emergency Action Plan.
The GIS Department will regularly update the mapping system to reflect flood
zones and Very High Fire Hazard Zones.
Department Directors meet on a regular basis to review needs ofthe City. At
hese meetings, CIP projects are reviewed and prioritized, and all overarching
needs/mitigation actions of the city are reviewed and prioritized.
44 of67 May 2, 2023, Item #6
Responsible Agency: h"he Development Services Department oversees the updating of the General
Plan. The Fire Department services on the committee for the update to ensure
integration with the Hazard Mitigation Plan.
The GIS Department works with the Development Services Department and Fire
Department to provide adequate mapping to ensure safety for our residents.
h"he Public Works Department collaborates with the Development Services
Department and Fire Department to ensure adequate coverage and available of
iwater resources needed to serve the public both dav-to-dav and in emergencies.
Partners: frhe City collaborates with the San Diego County Office of Emergency Services,
California Offices of Emergency Services and FEMA.
Consultants are hired on an as needed basis to do research and write plans to
!Provide inteqration, consistence, and follow current citv, state and national laws.
Potential Funding: For more information on potential funding sources and grants, please see the
County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section
~.2.
Cost Estimate: Undetermined
Benefits: (Losses Keeping Poway's plans compliant and strengthening resources in the community
Avoided) ~o better mitigate disasters.
Timeline: Ongoing
Priority: Medium
Worksheet Completed by: Susy Turnbull/ Fire Department
45 of 67 May 2, 2023, Item #6
Wurisdiction:
Mitigation Action/Project
rritle:
Hazards Addressed :
Background/Issue:
Ideas for Integration:
Mitigation Actions
46 of67
City of Poway
Mitigation Action #2 -Promote public understanding, support and demand
!for effective hazard mitigation.
!Wildfires, Drought, Floods, Earthquakes, Dam Failure, Extreme Heat and
Landslide
lfhe City of Poway as the desire to increase public understanding and support for
~ffective hazard mitigation planning.
[The Community Emergency Response Team (CERT) and Poway Neighborhood
Emergency Corps (PNEC) participate in educating the community on
preparedness and mitigation planning throughout the year. Some of the events
attended on a regular basis are:
• Emergency Safety Fair, May
• First Responder Day, July
• National Night Out, August
• Fire Department Open House, October
• Great Shakeout, October
PNEC hosts community educational/ preparedness meetings once a quarter in
Poway's Council Chambers. These community meetings are open to all
residents in Poway, and surrounding Poway. Topics include:
• Presentation by the Fire Chief on the Wildfire Outlook and how to harden
your structures and provide defensible space.
• Department of Animal Services on Large Animal Evacuation and how to
be prepared
• Sheriff's Department on community safety, calling 9-1-1 and non-
emergency calls in the event of an emergency.
The City's Public Information Officer regularly posts on the City Website,
Nextdoor and all social media sites on preparedness information. The Fire Chief
k:Joes a video each year on establishing mitigation efforts on your property
(clearing brush, vegetation management, hardening your home).
tThe Ham Radio Operators for Poway Auxiliary Communications Team (PACT)
meet on a weekly basis to practice emergency communications, participate in
ldrills twice a year, and the Great Shakeout each October.
trhese actions will be integrated into the California Wildfire Protection Plan
(CWPP).
Department Directors meet on a regular basis to review needs of the City. At
lthese meetings, CIP projects are reviewed and prioritized, and all overarching
needs/mitigation actions of the city are reviewed and prioritized.
May 2, 2023, Item #6
Responsible Agency: Fire Department
Partners: Poway Neighborhood Emergency Corps (PNEC), County of San Diego Office of
Emergency Services, San Diego Sheriff's Department, Public Information
Department and Poway Auxiliary Communication Team (PACT)
Potential Funding: For more information on potential funding sources and grants, please see the
County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section
~.2.
Cost Estimate: Undetermined
Benefits: (Losses Increasing public understanding and support for effective hazard mitigation
Avoided)
Timeline: Ongoing
Priority: Low
~orksheet Completed by: Susy Turnbull/ Fire Department
47 of 67 May 2, 2023, Item #6
I.Jurisdiction:
City of Poway
Mitigation Action/Project Mitigation Action #3 -Reduce the possibility of damage and losses to tfitle:
people, existing assets and critical facilities/infrastructure due to: WILDFIRES.
Background/Issue: rThe City of Poway has experienced significant damage and losses due to
/Wildland fire
Hazards Addressed : !Wildfire
Ideas for Integration: • Collaborate with the GIS Department to provide maps of the Very High
Fire Hazard zone
• Meet with the Development Service Department on a regular basis to
review plans for new and existing building in the WUI areas.
• Integrate the General Plan / Safety Element to discuss areas with limited
access and egress
• Review WUI projects to identify fire breaks
• Collaborate with the Parks Department I Public Works department to
evaluate possible use of certain City trails as auxiliary routes in
emergency
• Collaborate with Code Compliance to determine the need for Vegetation
Management of persona property
• Perform maintenance/clearing activity along public areas to keep
emergency corridors accessible.
• Meet with the Public Works department and review the Water Maser
Plan to ensure adequate water supply in the event of an emergency.
Mitigation Actions These actions will be integrated into existing city plans, such as the General
Plan, written policies, City of Poway Municipal Codes and ordinances.
Ttie GIS Department will regularly update the mapping system to reflect flood ·
7 ones and Very High Fire Hazard Zones.
Department Directors meet on a regular basis to review needs of the City. At
hese meetings, CIP projects are reviewed and prioritized, and all overarching
needs/mitigation actions of the city are reviewed and prioritized.
Responsible Agency: GIS
Fire Department
Development Services Department
Public Works Department
Partners: CalFire, San Diego County Sheriffs Department, San Diego County Office of
Emergency Services, contractors
48 of 67 May 2, 2023, Item #6
Potential Funding : For more information on potential funding sources and grants, please see the
County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section
6.2.
Cost Estimate: Undetermined
Benefits: (Losses Reduce the possibility of damage and losses to existing assets, including people
Avoided) and critical infrastructure, due to wildland fire.
rnmeline: Ongoing
Priority: High
Worksheet Completed by: Susy Turnbull / Fire Department
49 of 67 May 2, 2023, Item #6
!Jurisdiction:
Mitigation Action/Project
rT"itle:
Backg rou nd/lss ue:
Hazards Identified:
Ideas for Integration:
Mitigation Actions
Responsible Agency:
50 of67
City of Poway
Mitigation Action #4-Reduce the possibility of damage and losses to
people, existing assets and critical facilities/infrastructure due to FLOODING.
The City of Poway has experienced damage and losses due to severe winter
storms/flooding
Flooding
• Provide sand and sandbags to the public for the prevention of flooding
damage or loss.
• Collaborate with the Community Emergency Response Team and Poway
Neighborhood Emergency Corps volunteers to staff sandbag sites in the
event of an emergency.
• Implement the Drainage Master Plan and, as appropriate, evaluate channel
enlargement and/or detention basins to regular flow.
• Remove sediment and silt from channels as needed and make structural
improvements in floodways to maintain capacity.
• Update Poway Dam Inundation Plan as needed.
• Continue to participate in the National Flood Insurance Program and
requirement to review applications for conformance with NFIP standards.
• Collaborate with the Public Information Officer to communicate flooding
preparedness/ prevention when anticipating rainstorms. Inform the public of
sandbag sites.
• Meet with the Development Services Department on a regular basis to
review all plans of new buildings and improved building to ensure properties
are protected from flooding.
• Provide maps to the community to educate on the FEMA 100 and 500 flood
maps.
• Clear creek beds of debris and vegetation growth to mitigate flooding during
rainstorms.
• Improve the integrity of creeks/canals to prevent flooding and debris buildup
in rainstorms.
rThese actions will be integrated into existing city plans, such as the General
Plan, written policies, City of Poway Municipal Codes and ordinances and the
Poway Dam Emergency Action Plan.
rThe GIS Department will regularly update the mapping system to reflect flood
izones and Dam Inundation.
Department Directors meet on a regular basis to review needs of the City. At
lthese meetings, CIP projects are reviewed and prioritized, and all overarching
needs/mitigation actions of the city are reviewed and prioritized.
Public Works Department
Fire Department
Development Services Department
May 2, 2023, Item #6
Partners: Contractors, consultants, FEMA, Regulatory Agencies (Army Corps of
Engineers, Department of Fish and Wildlife, Regional Water Quality Control
Board
Potential Funding: For more information on potential funding sources and grants, please see the
County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section
~.2.
Cost Estimate: Undetermined
Benefits: (Losses Reduce the possibility of damage and losses to existing assets, including people
~voided) and critical infrastructure, due to severe winter storms/flooding
Timeline: Ongoing
Priority: High
/Worksheet Completed by: Susy Turnbull/ Fire Department
51 of 67 May 2, 2023, Item #6
Uurisdiction:
Mitigation Action/Project
lfitle:
Background/Issue:
Hazard Identified:
Ideas for Integration:
Mitigation Actions
Responsible Agency:
Partners:
Potential Funding:
52 of67
City of Poway
Mitigation Action #5-Reduce the possibility of damage and losses to
people, existing assets and critical facilities/infrastructure due to: GEOLOGICAL
HAZARDS (Landslide, rockslide, earthquake).
lfhe City of Poway is at risk for damage and losses due to landslide, rockslide
and earthquake.
Landslides, rockslide, earthquake, Dam Failure
• Perform annual maintenance of Poway Grade
• Continue program to improve and/ or retrofit water distribution system and
wastewater system to reduce and impact of earthquakes. This includes:
o Installation of seismic valves at critical water storage tanks
o Creating a safe drainage corridor in the event of a tank failure.
• Provide specialized training to staff for disaster recovery responsibilities
• Collaborate with the Development Services Department to ensure all new
building and improvements follow City, County and State codes to withstand
the impact of an earthquake.
• Regularly review the Poway Dam Emergency Action Plan and update as
needed
o Do an annual call down of emergency contacts to ensure correct
contact information
o Collaborate with the Development Services Department to review
new building plans in the Dam Inundation areas
o Update contact information of residents/commercial buildings in the
Dam Inundation area and ensure correct contact information is in the
AlertSanDiego / WEA system
rThese actions will be integrated into existing city plans, such as the General
Plan, written policies, City of Poway Municipal Codes and ordinances and the
Poway Dam Emergency Action Plan.
rThe GIS Department will regularly update the mapping system to reflect flood
zones, Very High Fire Hazard Zones and Dam Inundation. ·
Department Directors meet on a regular basis to review needs of
he City. At these meetings, CIP projects are reviewed and
prioritized, and all overarching needs/mitigation actions of the city
are reviewed and prioritized.
Public Works
Fire Department
Development Services Department
FEMA, California Specialized Training Institute (CSTI), County Office of
Emergency Services,
City of San Diego Office of Emergency Services
For more information on potential funding sources and grants, please see the
County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section
6.2.
May 2, 2023, Item #6
Cost Estimate: Undermined
Benefits: (Losses Reducing the possibility of damage and losses to existing assets, including
\Avoided) people and critical infrastructure, due to landslide, rockslide and earthquake.
rrimeline: Ongoing
Priority: Medium
Worksheet Completed by: Susy Turnbull/ Fire Department
53 of 67 May 2, 2023, Item #6
Jurisdiction:
City of Poway
Mitigation Action/Project Mitigation Action #6 -Reduce the possibility of damage and losses to ifitle: ~xisting assets, particularly people, critical facilities/infrastructure, and city owned
~acilities due to severe weather, including extreme heat and drought.
Background/Issue: rT°he City of Poway has the potential to experience damage and losses due to the
~ffects of extreme heat and drought.
Hazard Identified Drought, Earthquake, Erosion, Expansive Soils, Extreme Heat, Landslide
Ideas for Integration: • Maximize the efficient use of water resources in order to improve the
community's resilience to long term drought and extreme heat conditions.
0 Develop/ update Drought Response Plan in conjunction with the
San Diego County Water Authority.
0 Continue to participate in the National Weather Service StormReady
Program.
• Educate the community about drought, its potential impacts and individual
mitigation techniques that they can engage in to help drought or reduce the
impact of drought.
0 Encourage residents to adopt drought tolerant landscaping or
xeriscape practices.
0 Promote water conservation as a strategy to mitigate future drought
conditions
Mitigation Action rT°hese actions will be integrated into existing city plans, such as the General
Plan, written policies, City of Poway Municipal Codes and ordinances.
[The GIS Department will regularly update the mapping system to reflect flood
tzones and Very High Fire Hazard Zones.
Department Directors meet on· a regular basis to review needs of
~he City. At these meetings, CIP projects are reviewed and
prioritized, and all overarching needs/mitigation actions of the city
are reviewed and prioritized.
Responsible Agency: Public Works Department
Fire Department
City Manager's Office (PIO)
Partners: National Weather Service, National Oceanic and Atmospheric Administration
(NOAA), San Diego County Office of Emergency Services
Potential Funding: For more information on potential funding sources and grants, please see the
County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section
6.2.
Cost Estimate: Undetermined
54 of67 May 2, 2023, Item #6
Benefits: (Losses Reducing the possibility of damage and losses to existing assets, including
~voided) people and critical infrastructure, due to effects of extreme heat and drought.
rTimeline: Ongoing
Priority: Medium
Worksheet Completed by: Susy Turnbull/ Fire Department
55 of67 May 2, 2023, Item #6
7. SECTION SEVEN: Keep the Plan Current
Hazard Mitigation Plan maintenance is the process the planning team establishes to track the
plan's implementation progress and to inform the plan update. The plan must include a description
of the method and schedule for monitoring, evaluating, and updating it within a 5-year cycle.
These procedures help to:
• Ensure that the mitigation strategy is implemented according to the plan.
• Provide the foundation for an ongoing mitigation program in your community.
• Standardize long-term monitoring of hazard-related activities.
• Integrate mitigation principles into community officials' daily job responsibilities and
department roles.
• Maintain momentum through continued engagement and accountability in the plan's
progress.
Hazard Mitigation Plan updates provide the opportunity to consider how well the procedures
established in the previously approved plan worked and revise them as needed. This annex is
part of the most recent San Diego County Multi-Jurisdictional Hazard Mitigation Plan update. The
plan was last updated in 2018. See the San Diego County Multi-Jurisdictional Hazard Mitigation
Plan for more information.
7.1. Mitigation Action Progress
Plan monitoring means tracking the implementation of the plan over time. The plan must identify
how, when, and by whom the plan will be monitored.
• Revisions, as needed, were not made to the 2017 plan to update the progress. Most
Mitigation Action in the 2017 plan are part of the daily tasks of departments listed in the
actions and did not warrant updating the 2017 plan.
• The City of Poway strives to meet a)I Government Codes and the Poway Municipal Code
when developing and improving buildings to ensure safety for the residents of Poway.
Revisions were not made in the 2017 plan to reflect changes in development in the city as
all Government and Municipal Codes were followed and revision of this plan was not
necessary.
• Priorities did not change in the 2017 plan, therefore, revisions were not made. Any
updates/revisions needed on an on-going basis will be identified and listed in the 2023
Plan as new Mitigation Actions.
• The City of Poway work will the San Diego County Office of Emergency Services to
provide guidance as the owner of the 2023 Multi-Jurisdictional Hazard Mitigation Plan for
monitoring and tracking the implementation of the 2023 Plan.
• The Disaster Preparedness Coordinator will monitor the implementation of the plan and
work directly with the County Office of Emergency Services for updates and revisions . The
County is setting up a system to review the plan on a regular basis for the next five years.
56 of67 May 2, 2023, Item #6
Progress Report Period From Date: December 2017 I To Date: March 2022
~ction/Project Title Mitigation Action #1 -Promote resistance to the effects of disasters upon
development and infrastructure.
~-The General Plan can be updated to further promote resistance to the effects
of disasters upon development and infrastructure.
• Evaluate and revise the General Plan policies as necessary
• Review and update FEMA maps regarding flood risk in Poway as
necessary
• Evaluate ways to improve road access for emergency vehicles in remote
locations
• Update the Water Master Plan with particular attention to fire system
upgrades as needed
• Upgrade and improve the use of technologies used in City's Emergency
Operations Center
• Maintain improved wildfire defensible soace strateaies
Responsible Agency Development Services Department
!Contact Name Bob Manis
!Contact Phone/Email 858-668-4601
bmanis@,powav.orq
Project Status o Projects on schedule
o Anticipated completion date: ongoing projects
Summary of Project Progress for this .Report Period .
1. What was accomplished for this project during this reporting period?
• Completed the update to the Housing Element of the General Plan
• Started the update to the Safety Element of the General Plan.
• Continue to review and update FEMA maps
• Continue to implement the wildfire defensible space strategies
2. What obstacles, problems, or delays did the project encounter?
• none
3. If uncompleted, is the project still relevant? Should the project be changed or revised?
• These are ongoing items and will be included in the 2023 Plan.
4. Other comments:
57 of 67 May 2, 2023, Item #6
Progress Report Period From Date: December 2017 I To Date: March 2022
~ction/Project Title Mitigation Action #2 -Promote public understanding, support and demand
for effective hazard mitigation.
A. Educate the public to increase their awareness of hazards and ways to
mitigate damage.
• Conduct annual NIMS/SEMS/ICS review and training for appropriate City
staff and the City Council
• Provide public education and outreach activities regarding disaster
preparedness
• Maintain CERT program
• Partner with regional organizations focused on improved disaster
preparedness. Continue to target disaster preparedness training to AFN
populations (seniors and the disabled community) in the county.
Responsible Agency Fire Department
K;ontact Name Susy Turnbull
Contact Phone/Email 858-668-44 7 4
sturnbull@12owa~.org
Project Status o Project on schedule
o Anticipated completion date: This is an ongoing project
Summary of Project Progress for this Report Period
1. What was accomplished for this project during this reporting period?
• New staff members are instructed to take NIMS/ICS training.
• Disaster Preparedness Coordinator facilitated numerous outreach activities to educate the
public on disaster preparedness
• CERT academies where held each year for new CERT members. Quarterly training provided
for current CERT members.
58 of 67 May 2, 2023, Item #6
• CERT partnered with Poway Neighborhood Emergency Corps (PNEC) to provide
preparedness & response training to all aspects of the community.
2. What obstacles, problems, or delays did the project encounter?
• COVID affected the ability for almost two years to engage with the public face-to-face,
however, adaptations were made to provide training with drive-thru and zoom events.
3. If uncompleted, is the project still relevant? Should the project be changed or revised?
• This project is ongoing and relevant as a mitigation action and was rewritten into Mitigation
Action# 2 for the 2023 MJHP update.
4. Other comments
59 of67 May 2, 2023, Item #6
Progress Report Period
!Action/Project Title
Responsible Agency
:Contact Name
K;ontact Phone/Email
60 of67
From Date: December 2017 I To Date: March 2022
Mitigation Action #3 -Reduce the possibility of damage and losses to
people, new and existing assets, and critical facilities/infrastructure due to:
!wildfires, flooding, geological hazards (landslide, rockslide, earthquake), and
manmade hazards.
IA. Plan and prepare for damage and loss to wildfire.
• Update maps of potential wildfire areas in Poway
• Update fire control and evacuation plans for areas near wildland
vegetation
• Update the existing safety plan developed by Safety Services for the
High Valley area, including a third road into and out of the area
• Upgrade road access, surface, and grade for fire safety equipment at
identified locations
• Update the Water Master Plan. Evaluate adding hydrants, creating
loops, and other means to improve pressure and volume where needed.
• Evaluate possible use of City trails as auxiliary routes in an emergency.
B. Plan and prepare for damage and loss to flooding.
• Provide sand and sandbags to the public for the prevention of flooding
damage or loss
• Implement the Drainage Master Plan and, as appropriate, evaluate
channel enlargement and/or detention basins to regulate flow
• Remove sediment and silt from channels as needed, and make
structural improvements in floodways to increase capacity
• Update Poway Dam Inundation Plan as needed
• Continue to participate in the National Flood Insurance Program and
requirement to review applications for conformance with NFIP
standards
C. Plan and prepare for damage and loss to geological hazards (landslide,
rockslide, earthquake).
• Develop and action plan to mitigate possible damage from landslide or
rockslide on Poway Grade and Pomerado Road
• Continue program to improve and/or retrofit water distribution system
and wastewater system to reduce the impact of earthquakes. This
includes installation of seismic valves at critical water storage tanks and
creating a safe drainage corridor in the event a tank fails.
• Provide specialized training to staff for disaster recovery responsibilities.
Fire Department
Development Services Department
Public Works Department
Jeff Chumbley
Bob Manis
Eric Heidemann
858-668-4461 I jchumbley@poway.org
858-668-4601/ bmanis@poway.org
858-668-4716 I eheidemann@oowav.ora
May 2, 2023, Item #6
Project Status o Projects on schedule
o Anticipated completion date: These are ongoing projects
Summary of Project Progress for this Report Period
1. What was accomplished for this project during this reporting period?
A. Wildfire:
• Updated Mutual Threat Zone maps with CalFire and surrounding jurisdictions.
• Continued to enhance defensible space requirements related to new development in VHFHSA.
• Developing a defensible space inspection program in adherence to AB 38.
• Continuing vegetation management for properties enrolled in the city's weed abatement
program and wildfire defensible space program.
B. Flooding:
• Poway Dam inundation plan was updated and approved.
• Continue to participate in the NFIP and maintain a Class 8 in the CRS program.
• Continue to implement the drainage master plan.
C. Geological:
• Continue to improve the water distribution system to reduce the impact of potential
earthquakes by evaluating structural components for seismic safety of water storage tanks.
2. What obstacles, problems, or delays did the project encounter?
A. Wildfire:
• Staffing, budget constraints, conflicts with resource agency regulations.
• Clearing issues involving multiple properties
• Cost prohibitive for property owners to clear defensible space.
B. Flooding:
• Community compliance
61 of 67 May 2, 2023, Item #6
C. Geological:
• None
3. If uncompleted, is the project still relevant? Should the project be changed or revised?
• These are ongoing projects
4 . Other comments
62 of67 May 2, 2023, Item #6
Progress Report Period From Date: December 2017 I To Date: March 2022
Action/Project Title Mitigation Action #4: Reduce the possibility of damage and losses to
~xisting assets, particularly people, critical facilities / infrastructure, and city
pwned facilities due to severe weather, including extreme heat and drought.
Responsible Agency
tontact Name
Contact Phone/Email
Project Status
63 of 67
~-Maximize the efficient use of water resources in order to improve the
~ommunity's resiliency to long term drought and extreme heat conditions.
• Develop/update Drought Response Plan in conjunction with the San
Diego County Water Authority
• Continue to participate in the National Weather Service StormReady
Program
B. Educate the community about drought, its potential impacts and individual
mitigation techniques that they can engage in to help prevent drought or reduce
he impact of drought.
• Encourage residents to adopt drought tolerant landscaping or xeriscape
practices
• Promote water conservation as a strategy to mitigate future drought
conditions and include criteria for drought related mitigation actions.
Public Works, Utilities (Jessica)
Development Services Department
Fire Department, Disaster Preparedness
City Manager's Office (PIO)
Jessica Parks
Melody Rocco
Susy Turnbull
Rene Carmichael
858-668-4703 I jparks@poway.org
858-668-4653 I mrocco@poway.org
858-668-4474 I sturnbull@poway.org
858-668-4506 I rcarmichael@poway.org
o Project completed (# A)
o Anticipated completion date: Project ongoing (# B)
May 2, 2023, Item #6
Summary of Project Progress for this Report Period
1. What was accomplished for this project during this reporting period?
A. Poway's Water Shortage Contingency Plan was adopted by the City Council in June 2021.
This plan addresses water supply contingency planning and drought planning for Poway along
with establishing water management requirements necessary to conserve water, enable
effective water supply planning , and ensure reasonable and beneficial use of water. This plan
correlates with both the State of California's drought contingency plan and the San Diego
County Water Authority's water shortage contingency plan.
B. The Public Information Officer (PIO) provides multiple social media posts regarding the
drought and water conservation. The Disaster Preparedness Coordinator holds community
meetings and attends public fairs and events educating the community on the drought and
steps homeowners can take to minimize the drought.
2. What obstacles, problems, or delays did the project encounter?
• None
3. If uncompleted, is the project still relevant? Should the project be changed or revised?
Item 4 (B) is ongoing and relevant as a mitigation action and was rewritten into Mitigation
Action# 6 of the 2023 MJHMP update.
4. Other comments
64 of 67 May 2, 2023, Item #6
Has NFIP participation changed in No changes, this is ongoing. The City is an active
the participating jurisdictions? participant in the NFIP.
Has a natural and/or !Yes, COVID-19, the worldwide pandemic affected the
technical or human-caused community of Poway.
disaster occurred?
Should the list of hazards lA.II hazards listed in this plan have been address and
addressed in the plan be Mitigation Actions have been modified for the 2023 plan to
modified? address the need.
Are there new data sources The city maintains and updates the GIS database in an
and/or additional maps and ongoing basis. Maps addressing the Very High Fire Hazard
Risk studies available? If so, what are Zone, FEMA Flood Maps and Seismic Faults are reviewed
they and what have they on a regular basis. These risks have not changed,
Assessment revealed? Should the ~herefore, the maps have not changed.
information be incorporated into
future olan uodates?
Do any new critical facilities or tThere is no new Critical Infrastructure added to the City of
infrastructure need to be added Poway in the past 5 years.
to the asset lists?
Have any changes in !Commercial Development has occurred along Poway
development trends occurred Road, called the Poway Road Corridor Project. Some
that could create additional housing development has occurred in the City in the past 5
risks? 1Years. Before any new buildings or tenant improvements
!are made, all plans are reviewed by the Development
Review Committee (DRC). The DRS consists of the
Building and Engineer Department, the Fire Department I
Fire Prevention, Public Works Water Department and the
Sheriffs Department. Plans will not be approved unless
hey meet the strict Poway Municipal Codes (PMC) for the
!City, the County Codes, State Codes and all Government
Regulations. Overall, vulnerability has not increased due to
strict building codes and continued capabilities of the fire
kleoartment.
Are there repetitive losses lA.ccording to the 2022 FEMA Repetitive Loss Summary
and/or severe repetitive losses Report, the City of Poway has 9 Repetitive Loss properties,
to document? and 2 Severe Repetitive Loss properties.
TAB LE 14: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 7.2 DA TA.
7.3 Implementation
Once the Multi-Jurisdictional Hazard Mitigation Plan is adopted by the San Diego County Board
of Supervisors, the Local Planning Committee will present the Poway's Annex to the City Council
for approval. This will be an item on the consent calendar. Once adopted by City Council,
documentation in implementation of these Mitigation Actions will formally begin.
These mitigation actions will be integrated into the General Plan, the Emergency Operations Plan,
the Emergency Action Plan for Poway Dam, and the California Wildfire Prevention Plan (CWPP).
There was little change in the population of Poway in the past 10 years. In 2010, the census was
47,811 . In 2020, the census of Poway was 48,421. This minor increase had little to no effect on
the vulnerabilities in the jurisdiction.
66 of 67 May 2, 2023, Item #6
Leadership from the Development Service team, Fire Department, GIS, and Law Enforcement
meet on a regular basis to review all new plans submitted to the city, and all tenant improvements
submitted. Each department carefully reviews all plans and must approve before moving forward.
67 of67 May 2, 2023, Item #6
FOURTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
THIS FOURTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT ("Fourth
Amendment") is made and entered into effective the 1st day of May, 2023, by and between the City
of Poway, a municipal corporation ("City"), and Chris Hazeltine, an individual ("City Manager").
RECITALS
1. City and City Manager entered into that certain "CITY MANAGER EMPLOYMENT
AGREEMENT," dated April 2, 2019 and effective May 6, 2019 (the "Agreement"), by which City and
the City Manager established the terms, conditions, compensation and other benefits for the City
Manager's employment by the City.
2. City and City Manager entered into that certain First Amendment to the Agreement
("First Amendment"), effective December 3, 2019, that certain Second Amendment to the
Agreement ("Second Amendment"), effective March 16, 2021, and that certain Third Amendment to
the Agreement ("Third Amendment"}, effective March 15, 2022.
3. The Agreement requires the City Council to conduct a yearly evaluation of the City
Manager's performance, where it may consider adjustments to the Agreement.
4. On April 4, 2023, the City Council conducted the performance evaluation
contemplated by the Agreement, wherein the City Council determined that the City Manager has
exceeded the City Council's expectations.
5. The City Council and City Manager desire to enter into this Fourth Amendment to
reflect the City Manager's positive performance, effective retroactively to May 1, 2023.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Section 4(A)(1 )(a) is hereby replaced in its entirety to read as follows:
The annual base salary for the position of City Manager shall be
$292,374. This salary will be increased at the same time and
amount as that of other Poway management employees in the
Management/Confidential Group 1.
Section 2. Except as otherwise amended by this Fourth Amendment, all other terms and
conditions of the Agreement, as amended, shall remain in full force and effect.
[Signatures on Following Page]
1
3 of 21 Attachment A May 2, 2023, Item #7
IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be
executed the day and year first above written.
CITY OF POWAY CITY MANAGER
By _____________ _ By _____________ _
Steve Vaus, Mayor Chris Hazeltine
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
Alan Fenstermacher, City Attorney
2
4 of 21 May 2, 2023, Item #7
CITY MANAGER EMPLOYMENT AGREEMENT
Between the City of Poway, a Municipal Corporation,
and Christopher Hazeltine
1. Parties and Date
This Agreement is dated April 2, 2019, and is effective as of May 6, 2019, by and between
the City of Poway, California, a municipal corporation (the "City"), and Christopher Hazeltine, an
individual (the "City Manager").
A. The City requires the services of a City Manager.
B. The City Manager has the necessary education, experience, skills and expertise to
serve as the City's City Manager;
C. The City Council of the City (the "City Council") desires to employ the City
Manager to serve as the City Manager of City;
D. The Parties desire to execute this Agreement pursuant to the authority of and subject
to the provisions of Government Code Section 53260 et seq.; and
E. In consideration of these Recitals and the performance by the Parties of the
promises, covenants, and conditions herein contained, the Parties agree as provided in this
Agreement.
2. Employment
The City hereby employs the City Manager as its City Manager, and the City Manager
hereby accepts such employment.
3. Commitments and Understandings
A. The City Manager's Commitments
(1) Duties & Authority
(a) The City Manager shall be the Chief Executive Officer of the City
and be responsible to the City Council for the proper administration of all affairs of the City.
(b) The City Manager shall perform all of the duties of the City Manager
as set forth in Section 2.08.070 of the Poway Municipal Code (the "Municipal Code"), the
California Government Code, and City policies and procedures approved by the City Council, as
may be provided from time to time.
(c) The City Council has designated and may also designate the City
Manager as the chief executive of other City-related legal entities. Such other legal entities include
the Poway Housing Authority; the City in its capacity of successor agency to the former
5 of 21 Attachment B May 2, 2023, Item #7
Redevelopment Agency of the City of Poway; the City's financing authority; and its joint powers
authorities.
(d) To accomplish this, the City Manager shall have the power and be
required to:
(i) Attend all meetings of the City Council, unless excused by
the Mayor, and take part in the discussion of all matters before the City Council.
(ii) Review all agenda documents before preparing the agenda
for any regular or special meetings of the City Council.
(iii) Direct the work of all appointive City officers and
departments that are the concern and responsibility of the City Council, except those that are
directly appointed by or report directly to the City Council. The City Manager may undertake any
study or investigation that is necessary or desirable, or as directed by the City Council. The City
Manager shall endeavor to implement changes that the City Manager believes will result in greater
efficiency, economy, or improved public service in the administration of City affairs.
(iv) Recommend to the City Council adoption of such measures
as the City Manager may deem necessary or expedient for the health, safety, or welfare of the
community or for the improvement of administrative services.
(v) Consolidate or combine offices, positions, departments, or
units under the City Manager's jurisdiction. The City Manager may be the head of one or more
City departments.
(vi) Conduct research in administrative practices in order to
bring about greater efficiency and economy in City government and develop and recommend to
the City Council long-range plans to improve City operations and prepare for future City growth
and development.
(vii) Provide management training and develop leadership
qualities among department heads and staff as necessary to build a City management team that can
plan for and meet future challenges.
(viii) Exercise control of City government in emergencies as
authorized by the Municipal Code and California law.
(2) Hours of Work
(a) The City Manager is an exempt employee without set hours of work
but is expected to be available at all times and to engage in those hours of work that are necessary
to fulfill the obligations of the City Manager's position.
(b) The City Manager shall spend sufficient hours on site to perform the
City Manager's duties; however, the City Manager has discretion over the City Manager's work
schedule and work location.
2
6 of21 May 2, 2023, Item #7
(3) Disability or inability to perfonn
In the event the City Manager becomes mentally or physically incapable of performing the
City Manager's functions and duties with reasonable accommodation, the City Council may apply
for disability retirement of the City Manager, pursuant to California Government Code section
21153 and any other applicable provisions oflaw.
B. City Commitments
(1) The City shall provide the City Manager with the compensation, incentives
and benefits, specified elsewhere in this Agreement.
(2) The City shall provide the City Manager with office space, staff, equipment,
supplies, automobHe allowance, and all other facilities and services adequate for the perfonnance
of the City Manager's duties.
(3) The City shall pay for or provide the City Manager reimbursement for all
actual business expenses. The City shall provide the City Manager a credit card to charge
appropriate and lawful business expenses.
(4) The City agrees to pay the professional dues and subscriptions on behalf of
the City Manager for participation in national, regional, state, or local associations and
organizations, as necessary and desirable for the good of the City, and for the City Manager's
continued professional participation and advancement.
(5) The City agrees to pay the travel and subsistence expenses of the City
Manager for purposes such as official functions, meetings, occasions, short courses, institutes and
seminars that are necessary for the good of the City or for the professional development of the City
Manager.
(6)
by City policy.
The City shall provide a monthly cell phone allowance of $75 as established
C. City Council Commitments
( l) The City Council sets policy for the governance and administration of the
City, and it implements its policies through the City Manager.
(2) Except for the purpose of inquiry, the City Council and its members shall
deal with all subordinate City employees, officers, contractors, and consultants solely through the
City Manager or the City Manager's designee, and neither the City Council nor any member
thereof shall give orders to any subordinate of the City Manager, either publicly or privately.
(3) The City Council agrees none of its individual members will order the
appointment or removal of any person to any office or employment under the supervision and
control of the City Manager.
3
7 of21 May 2, 2023, Item #7
( 4) The City Council agrees that any criticism of a City staff member shall be
done privately through the City Manager.
(5) Neither the City Council nor any of its members shall interfere with the
execution of the powers and duties of the City Manager. The City Manager shall take orders and
instructions from the City Council only when it is sitting as a body in a lawfully held meeting.
D. Mutual Commitments
(I) Performance Evaluation
(a) The City Council recognizes that for the City Manager to respond to
its needs and to grow in the performance of the City Manager's job, the City Manager needs to
know how the City Council members evaluate the City Manager's performance. To assure that
the City Manager gets this feedback, the City Council shall conduct an evaluation of the City
Manager's perfonnance after 6 months of employment and then annually thereafter within 45 days
of the anniversary date of the City Manager's employment, and/or when it deems necessary to
discuss any concerns or direction in performance. At the time of evaluation, the City Council may
consider performance-based salary adjustments.
(b) The City Council and City Manager shall jointly define goals and
performance objectives which they deem necessary for the proper operation of the City in the
attainment of the City Council's policy objectives and shall establish the relative priority among
the various goals and objectives.
(2) ICMA Code of Ethics
(a) The Parties acknowledge that the City Manager is committed to the
ideals of the International City/County Management Association ("ICMA"). The Parties mutually
desire that the City Manager be subject to and comply with the ICMA Code of Ethics.
(b) The City Manager commits to comply with the ICMA Code of
Ethics.
(c) The City and the City Council agree that neither the City Council
nor any of its members will give the City Manager any order, direction, or request that would
require the City Manager to violate the ICMA Code of Ethics.
4. COMPENSATION
The City agrees to provide the following compensation to the City Manager during the
term of the agreement:
4
8 of21 May 2, 2023, Item #7
A. Compensation & Required Employer Costs
( 1) Base Salary
(a) The annual base salary for the position of City Manager shall be
$230,000. Commencing November 7, 2019, this salary will be increased at the same time and
amount as that of other Poway management employees in the Management/Confidential Group I.
The salary of the City Manager shall be at a similar market position as Poway department directors
and other management staff.
(b) The City Manager shall be paid at the same intervals and in the same
manner as regular City employees; in the event that there are more than twenty-six pay periods in
a calendar year the periodic payments shall be adjusted accordingly so that the salary shall not
exceed any amount approved by the City Council.
(c) The City shall not at any time during the term of this Agreement
reduce the base salary, compensation or other financial benefits of the City Manager, unless as part
of a general City management salary reduction, and then in no greater percentage than the average
reduction of all City department heads.
(2) Required Employer Costs
(a) Federal Insurance Contributions Act (FICA) (if applicable),
including Medicare.
(b) Unemployment Compensation.
( c) Public Employees Retirement System (PERS)
The City contracts with the California Public Employees'
Retirement System for retirement benefits. The City will pay the City's share, and the City
Manager shall pay the employee's share (e.g., 7%), for participation in PERS as a Tier 2 classic
member.
( d) The cost of any fidelity or other bonds required by law for the City
Manager.
( e) The cost to defend and indemnify the City Manager as provided in
Section 7(F) below.
(f) Workers' Compensation.
B. Basic Benefits
(1) Holidays
The City Manager is entitled to those paid holidays in accordance with the provisions of
the Salary and Benefit Plan for the Management Confidential Group 1.
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9 of 21 May 2, 2023, Item #7
(2) Leave Allowance
The City Manager shall receive the same vacation, executive and sick leave accrual and
benefits as provided to the Group 1 Management class of City employees, based on tenure
commencing with an accrual rate of 199 .21 vacation hours per year, up to a maximum of 200% of
one year's eligibility, commensurate with his years of service in local government. The City
Manager shall be paid for any unused accrued vacation upon either voluntary or involuntary
tennination of employment. Upon the effective date of this agreement, the City Manager shall be
granted a vacation balance of 40 hours.
(3) Automobile
The City Manager shall be provided a monthly automobile allowance of $633.33 ($7,600
annually) in exchange for making a vehicle available for the City Manager's own use and for City-
related business and/or functions during, before and after nonnal work hours. The City Manager
is not precluded from using City vehicles for City business during, before, and after the normal
workday on occasion, when appropriate.
(4) Benefits that Accrue to Other Employees
The City Manager shall be entitled to all benefits, rights, and privileges accorded to non-
public safety City Department Directors except as otherwise provided in this Agreement. If there
is any conflict between this Agreement and any resolution fixing compensation and benefits for
non--public safety City Executive Management employees or other non--classified employees,
this Agreement shall control.
5. SECURITY
A. Pensions
( 1) Public Employees Retirement System (PERS)
For the purposes of PERS reporting, the City shall incorporate into the reported base pay
as compensation earnable, but only to the extent, if any, that PERS will consider it to be
compensation eamable, the Section 4.A(l) base pay. City Manager is a Tier 2 classic member of
CalPERS ("PERS"), and as such, City Manager is obligated to contribute to PERS at the same
level as all other classic PERS members in the City's Management/Confidential Group 1, which
is currently 8% of base salary.
(2) Pre-Retirement Optional Settlement 2W Death Benefit
This benefit will be provided by the City.
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10 of 21 May 2, 2023, Item #7
(3) Deferred Compensation
(a) Section 457 Plan
The City will make, in equal proportionate amounts each pay period, a pro-rated total
annual contribution of $20,000 into a qualified Section 457 Plan from one of the City approved
plans as selected by the City Manager, $19,000 of which shall be pursuant to the generally
applicable annual limit, and the remaining $1,000 as an age 50 or older "catch up" contribution.
Amounts contributed under this section shall be to the benefit of the City Manager in accordance
with the Deferred Compensation Plan participation agreement.
(b) Internal Revenue Code Compliance
All provisions of this Section 5(A) are subject to the provisions and limitations of the
Internal Revenue Code and its related regulations as amended from time to time. No requirement
of any provision of this Section 5(A) shall be effective if it would violate any provision of the
Internal Revenue Code or its related regulations.
B. Insurance
(1) Disability Insurance
Short and Long-Term Insurance is provided.
6. SEPARATION
A. Resignation/Retirement
The City Manager may resign at any time and agrees to give the City at least 45 days'
advance written notice of the effective date of the City Manager's resignation, unless the Parties
otherwise agree in writing. If the City Manager retires from full time public service with the City,
the City Manager may provide six months' advance notice. The City Manager's actual retirement
date will be mutually established.
B. Termination & Removal
(1) Manager is an at-will employee serving at the pleasure of the City Council
as provided in Government Code Section 36506.
(2) The City Council may remove the City Manager at any time, either with or
without cause, by a majority vote of its members at a noticed and conducted meeting of the City
Council. Notice of termination shall be provided to the City Manager in writing. The City Council
may also elect not to renew this Agreement. Notice of nonrenewal shall also be provided to the
City Manager in writing. The City Council understands that termination or nonrenewal of
employment without cause could result in an adverse financial impact not completely mitigated
by any severance compensation as provided in this Agreement. Therefore, the City Council agrees
that if termination or nonrenewal is made without cause it shall provide not less than 180 days'
notice of termination or nonrenewal to the City Manager. If the City Manager resigns after
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11 of 21 May 2, 2023, Item #7
receiving notice of termination, the resignation shall be considered "involuntary" as described in
Section 6(0) of this Agreement. Termination as used in this section shall also include a request
that the City Manager resign, a reduction in salary or other financial benefits of the City Manager
(excluding a general City Management salary reduction), a material reduction in the powers and
authority of the City Manager, or the elimination of the City Manager's position. Any such notice
of termination or act constituting termination shall be given at or effectuated at a duly noticed and
conducted meeting of the City Council.
(3) As provided in Municipal Code Section 2.08.090, the City Manager shall
not be terminated during the 90-day period following any City election for membership on the City
Council.
C. Severance Pay
(1) In the event the City Manager is terminated by the City Council during such
time that the City Manager is willing and able to perform the City Manager's duties under this
Agreement, and the City Manager signs, deliyers to the City Council and does not revoke, the
General Release Agreement in the form attached hereto as Exhibit A (the "Release"), the City shall
pay the City Manager a lump sum cash payment equal to the lesser of (a) the actual number of
months' salary remaining on the current term of employment and the cash equivalent of health
(medical, dental and vision) benefits for that same period, or (b) twelve (12) months' base salary
and cash equivalent of health (medical, dental and vision) benefits then in effect as provided in
Section 4(A) above. Such severance compensation is expressly contingent on the execution,
delivery, and non-revocation of the Release. It is the intention of the parties that this paragraph
complies with the requirements of Government Code Section 53260 et seq. In the event of any
conflict between this provision and those code sections, the terms of those code sections shall
govern the contractual relationship between the employer and employee.
(2) In addition, the City shall extend to the City Manager the right to continue
health insurance as may be required by and pursuant to the terms and conditions of the
Consolidated Omnibus Budget Reconcilia~ion Act of 1986 (COBRA).
(3) In the event the City refuses, following written notice of non-compliance,
to comply with any provision in this Employment Agreement benefiting the City Manager, or the
City Manager resigns following a suggestion, whether formal or informal, by a majority of the
City Council that the City Manager resign, then, in that event, the City Manager may, at the City
Manager's option, be deemed to be "terminated" as of the date of such refusal to comply or
suggestion to resign and this severance pay provision shall be actuated.
( 4) All payments required under this Section 6 are subject to and shall be
interpreted to comply with the limitations set forth in Government Code Section 53260.
(5) This section does not apply to the decision of the City Council not to renew
the City Manager's term upon its expiration.
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12 of 21 May 2, 2023, Item #7
D. Involuntary Resignation
(1) In the event that the City Council formally or a majority of the City Council
informally asks the City Manager to resign, then the City Manager shall be entitled to resign and
still receive the severance benefits provided in Section 6(C) above.
(2) The City Manager has relied upon the provisions of the Municipal Code
upon entering into this Agreement, as it pertains to the City Manager's role, powers, duties,
authority, responsibilities, compensation, and benefits. In the event the City Council adds, deletes
or amends the Municipal Code without the consent of the City Manager, and such addition,
deletion or amendment is inconsistent with the terms of this Agreement and the City Manager's
role, powers, duties, authority, responsibilities, compensation and benefits as currently provided,
then the City Manager shall have the right, at the City Manager's sole option, to give the City
Council notice that such amendment(s) constitute a request by the City Council for the City
Manager's involuntary resignation.
(3) Upon receipt of such notice the City Council shall have thirty days in which
to do one of the following: (a) rescind the amendment(s); (b) renegotiate this Agreement to the
City Manager's satisfaction; (c) confirm that the City Manager is being asked to involuntarily
resign; or (d) take no action. In the event that either (c) or (d) occurs, or the City is unable to
accomplish (b), then the City Manager is entitled to resign and still receive the severance benefits
provided in Section 6(C) above.
E. Separation for Cause
(1) Notwithstanding the provisions of Section 6(C), the City Manager may be
terminated for cause. As used in this section, "cause" shall mean only one or more the following:
(a) Conviction of, or no contest plea to, a felony;
(b) Conviction of, or no contest plea to, any illegal act involving moral
turpitude or personal gain;
( c) Continued abuse of non-prescription drugs or alcohol that materially
affects the performance of the Manager's duties;
( d) Any act constituting a knowing and intentional violation of the
City's conflict of interest code; or
(e) Repeated and protracted unexcused absences from the City
Manager's office and duties;
(2) In the event the City terminates the City Manager for cause, then the City
may terminate this Agreement immediately, and the City Manager shall be entitled to only the
compensation accrued up to the date of termination, payments required by Section 6(F) below, and
such other termination of benefits and payments as may be required by law. The City Manager
shall not be entitled to any severance benefits provided by Section 6(C).
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13 of 21 May 2, 2023, Item #7
(3) If the City Manager is terminated for cause, and "cause" meets the definition
of "abuse of office or position," as defined in Government Code section 53243.4, the provisions
of Government Code sections 53243 through 53243.4 shall apply and prevail over any contrary
terms and conditions of this Agreement.
F. Payment for Unused Leave Balance
(I) On separation from City employment, the City Manager shall be paid for
unused accrued leave allowances provided in Section 4(B)(2) above in accordance with the current
salary and benefits plan for Management/Confidential Group 1 employees. Accumulated leave
balances shall be paid at the City Manager's monthly base salary rate at the effective date of
separation.
(2) In the event the City Manager dies while employed by the City under this
Agreement, the City Manager's beneficiaries or those entitled to the City Manager's estate, shall
be entitled to the City Manager's earned salary, and any in-lieu payments for accrued benefits,
including compensation for the value of all accrued leave balances.
G. Joint Statements of Separation
In the event ofresignation or retirement of the City Manager, termination by the City (with
or without cause), or other separation of employment as described in the Section 6, the City and
the City Manager agree that neither any member of the City Council, or the City's management
staff, nor the City Manager, shall make any written, oral or electronic statement to any member of
the public, the press, or any City employee concerning the City Manager's termination or
separation, except in the form of a joint press release or statement, the contents of which is
mutually agreeable to both the City and the City Manager. The joint press release or statement
shall not contain any text or information that is disparaging to either Party. Either Party may
verbally repeat the substance of this Section 6(0), and the joint press release or statement, in
response to any inquiry.
7. MISCELLANEOUS PROVISIONS
A. Term
The initial term of this Agreement shall be for a period of thirty-six (36) months beginning
12:00 a.m. May 6, 2019 and continuing until 12:00 a.m. May 6, 2022 (the "initial Termination
Date").
B. Subsequent Terms
Unless the City gives the City Manager written notice of non-renewal at least 180 days
prior to the initial Termination Date or the termination date of any Renewal Term (as hereinafter
defined) this Agreement may be renewed by the parties for one or more additional terms of up to
three (3) years each, each renewal term to be reflected by a written amendment signed by the
parties. If the parties cannot mutually agree to the term of any renewal this Agreement shall
continue in effect for automatic renewals of one (I) year each ( whether renewed by amendment or
renewed by operation of this Section each, a "Renewal Term").
14 of 21 May 2, 2023, Item #7
C. Provisions that Survive Termination
Many sections of this Agreement are intended by their terms to survive the City Manager's
termination of employment with the City, including but limited to Sections 6 and 7(E). These
sections, and the others so intended, shall survive termination of employment and termination of
this Agreement.
D. Amendments
This Agreement may be amended at any time by mutual agreement of the City and the City
Manager. Any amendments are to be negotiated, put in writing, and adopted by the City Council.
E. Conflict of Interest
(1) The City Manager shall not engage in any business or transaction or have a
financial or other personal interest or association, direct or indirect, which is in conflict with the
proper discharge of official duties or would tend to impair independence of judgment or action in
the performance of official duties.
(2) The City Manager shall also be subject to the conflict of interest provisions
of the California Government Code and any conflict of interest code applicable to the City
Manager's City employment.
(3) The City Manager is responsible for submitting to the City Clerk the
appropriate Conflict of Interest Statements at the time of appointment, annually thereafter, and at
the time of separation from the position.
F. Indemnification
( l) To the full extent of the law, the City shall defend and indemnify the City
Manager, in his capacity as City Manager, and as the chief executive of other City-related legal
entities as provided in Section 3(A)(l)(c) above, against and for all losses sustained by the City
Manager in direct consequences of the discharge of the City Manager's duties on the City's behalf
for the period of the City Manager's employment, save and except those losses sustained as a result
of the willful act or omission of the City Manager, including any "abuse of office or position," as
described in Section 6(E)(3) of this Agreement.
(2) The City shall defend, save harmless and indemnify the City Manager
against any tort, professional liability claim, or demand or other legal action, whether groundless
or otherwise, arising out of an alleged act or omission occurring in the performance of the City
Manager's duties as City Manager. The City may compromise and settle any such claim or suit
and pay the amount of any settlement or judgment rendered thereon.
(3) Whenever the City Manager shall be sued for damages arising out of the
performance of the City Manager's duties, the City shall provide defense counsel for the City
Manager in such suit and indemnify the City Manager from any judgment rendered against the
City Manager; provided that such indemnity shall not extend to any judgment for damages arising
out of any willful wrongdoing. This indemnification shall extend beyond termination of
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15 of 21 May 2, 2023, Item #7
employment and the otherwise expiration of this Agreement to provide protection for any such
acts undertaken or committed in the City Manager's capacity as City Manager, regardless of
whether the notice of filing of a lawsuit occurs during or following employment with the City.
This indemnity provision shall survive the termination of the Agreement and is in addition to any
other rights or remedies that the City Manager may have under the law.
(4) The City and all parties claiming under or through it, hereby waives all
rights of subrogation and contribution against the City Manager, while acting within the scope of
the City Manager's duties , from all claims, losses and liabilities arising out of or incident to
activities or operations performed by or on behalf of the City or any party affiliated with or
otherwise claiming under or through it, regardless of any prior, concurrent, or subsequent active
or passive negligence by the City Manager.
G. Severability
If any clause, sentence, part, section, or portion of this Agreement is found by a court of
competent jurisdiction to be illegal or unenforceable, such clause, sentence, part, section, or
portion so found shall be regarded as though it were not part of this Agreement and the remaining
parts of this Agreement shall be fully binding and enforceable by the Parties hereto.
H. Laws Affecting Title
In addition to those laws affecting a City Manager, the City Manager shall have the same
powers, rights and responsibilities as a Chief Executive Officer, City Administrative Officer,
Administrator, and City Administrator as those terms are used in local, state or federal laws.
I. Jurisdiction and Venue
This Contract shall be construed in accordance with the laws of the State of California, and
the Parties agree that venue shall be in San Diego County, California, notwithstanding any
conflicting provisions of the California Code of Civil Procedure.
J. Provisions of Government Code Section 53243.4
(I) In the event that the City provides paid leave to City Manager pending an
investigation of a crime involving abuse of his office or position covered by Government Code
section 53243.4, and should that investigation lead to either a criminal conviction or a civil or
administrative penalty by the FPPC or any similarly authorized agency, City Manager shall fully
reimburse the City for any salary provided for that purpose.
(2) In the event that the City provides funds for the legal criminal defense of
City Manager pending an investigation of a crime involving abuse of his office or position covered
by Government Code section 53243.4, and should that investigation lead to either a criminal
conviction or a civil or administrative penalty by the FPPC or any similarly authorized agency,
City Manager shall fully reimburse the City for any funds provided for that purpose.
(3) In the event that the City provides City Manager with severance, or any
other type of cash settlement related to the termination of City Manager, and City Manager
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16 of 21 May 2, 2023, Item #7
subsequently is convicted of a crime, or subjected to civil or administrative penalties, resulting
from abuse of his office or position covered by Government Code section 53243.4, City Manager
shall fully reimburse the City for any such severance or cash settlement.
K. Entire Agreement
This Contract represents the entire agreement of the Parties, and no representations have
been made or relied upon except as set forth herein. This Contract may be amended or modified
only by a written, fully executed agreement of the Parties.
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17 of 21 May 2, 2023, Item #7
GENERAL RELEASE AGREEMENT
This General Release Agreement ("Release Agreement") is entered into by and between
CHRISTOPHER HAZELTINE ("Manager") and CITY OF POWAY, a general law city and
municipal corporation ("City"), in light of the following facts:
A. Manager and City have previously entered into that certain City Manager
Employment Agreement Between the City of Poway, a Municipal Corporation, and Christopher
Hazeltine, dated April 2, 2019 (the "Employment Agreement"), setting forth the terms and
conditions of City's employment of Manager as its City Manager.
B. As part of the consideration in the Employment Agreement the parties agreed to the
terms and conditions of this Release Agreement in the event that Manager's employment with City
was terminated under certain circumstances.
C. Manager's employment with City concluded on __
D. Certain disputes have arisen between City and Manager.
E. City and Manager each deny any liability whatsoever to the other.
F. City and Manager wish to fully and finally resolve any and all disputes they may
have with each other.
G. Manager is hereby informed that he has twenty-one (21) days from receipt of this
Agreement to consider it. City hereby advises Manager to consult with his legal counsel before
signing this Agreement.
H. Manager acknowledges that for a period of seven (7) days following the signing of
this Agreement ("Revocation Period"), he may revoke the Agreement. This Agreement shall not
become effective or enforceable until the day the Revocation Period has expired.
I. Manager acknowledges that the Salary Payment referenced in paragraph 1 of this
Agreement.represents all compensation, including salary, accrued benefit balances and reimbursed
expenses, due and payable to him through the date of employment termination (the "Salary
Payment"). Manager also acknowledges that City has made this Salary Payment without regard
to whether he signs this Agreement. The Salary Payment does not constitute consideration for this
Agreement.
FOR GOOD AND VALUABLE CONSIDERATION, INCLUDING THE
COVENANTS CONTAINED HEREIN, MANAGER AND CITY HEREBY AGREE AS
FOLLOWS:
I. Receipt of Salary Payment. Manager hereby acknowledges receipt of a check or
checks for all compensation owing to him, including salary, accrued benefit balances and
reimbursed expenses ("Salary Payment") from City.
Exhibit A
19 of 21 May 2, 2023, Item #7
2. Severance. Within seven (7) days following Manager's signing and delivering this
Release Agreement to the City, and provided that Manager has not revoked this Release
Agreement during the Revocation Period, City shall pay Manager the gross amount provided for
in Section 6(C) of the Employment Agreement (the "Severance"), less applicable deductions.
Manager acknowledges that the Severance is in addition to all amounts earned by Manager, and
due and owing him as a result of his employment by City, including the Salary Payment.
3. General Release. In consideration of the Severance to be paid and provided to
Manager, and other good and valuable consideration, Manager hereby releases and discharges City
and its past and present elected and appointed officers, officials, employees, representatives and
agents, from all rights, claims, causes of action, and damages, both known and unknown, in law
or in equity, concerning and/or arising out of his employment by City which he now has, or ever
had, including but not limited to any rights, claims, causes of action or damages arising under
Title VII of the Civil Rights Act of 1964, the Vocational Rehabilitation Act of 1973, the Employee
Retirement Income Security Act, the Americans with Disabilities Act, the Age Discrimination in
Employment Act, the Older Workers Benefits Protection Act, the Family and Medical Leave Act
of 1993, the Domestic Partners Act of 2003, the California Labor Code, the Private Attorneys
General Act of 2004, the California Moore-Brown-Robert Family Rights Act, the California Unruh
Civil Rights Act, the California Fair Employment and Housing Act, any other federal, state, or
local employment practice legislation, or any federal or state common law, including wrongful
discharge, breach of express or implied contract, or breach of public policy.
Manager hereby waives and relinquishes all rights and benefits afforded by section 1542
of the Civil Code of California. Manager understands and acknowledges the significance and
consequences of this specific waiver of section 1542. Section 1542 of the Civil Code of California
states as follows:
"A general release does not extend to claims which the creditor does
not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor."
Notwithstanding the provisions of section 1542, and for the purpose of implementing a full
and complete release and discharge of City and its past and present elected and appointed officers,
officials, employees, representatives and agents, Manager expressly acknowledges that this
General Release is intended to include in its effect, without limitation, all claims which he does
not know or suspect to exist in his favor.
Manager further acknowledges that he has read this General Release and that he
understands that this is a general release, and that he intends to be legally bound by the same.
Exhibit A
20 of 21 May 2, 2023, Item #7
Lake Poway Upper Playground Renovation Project
SECTION 8
CONSTRUCTION CONTRACT
CITY OF POWAY
LAKE POWAY UPPER PLAYGROUND RENOVATION
This Contract made and entered into this 3rd day of May, 2023, by and between City of
Poway, a municipal corporation of the State of California, hereinafter referred to as "City"
and Marcon Engineering, Inc., hereinafter referred to as "Contractor."
The City and the Contractor, for the consideration hereinafter named, mutually agree as
follows:
1. The complete Contract includes all of the Contract Documents, which are
2.
3.
4.
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incorporated herein by this reference, and include:
a. This Contract
b. Contract Addenda
c. Contract Change Orders
d. Instructions to Bidders, Proposal Requirements and Conditions
e. Contract Specifications
f. Contract Plans
g. General Condition
h. Special Conditions
i. Standard Specification for Public Works, most current edition
The Contract Documents are complementary, and that which is required by one
shall be as binding as if required by all.
Contractor shall provide and furnish all labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required for the
following work of improvement: The Lake Poway Upper Playground Renovation
project includes the demolition of the existing playground structures, and removal of
selected concrete sidewalk and handrails. The project also includes the installation
of new playground structures and surfacing and the construction of a new ADA
parking stall and sidewalk.
Contractor agrees to perform all the said work and furnish all the said materials at
their own cost and expense that are necessary to construct and complete in strict
conformance with Contract Documents and to the satisfaction of the City Engineer,
the work hereinafter set forth in accordance with the Contract adopted by the City
Council.
ATTACHMENT A 1 May 2, 2023, Item #9
Lake Poway Upper Playground Renovation Project
5. City agrees to pay and Contractor agrees to accept in full payment for performance
of this work of improvement as described, the stipulated sum of $1,546,190.34 the
"Contract Price."
6.
7.
8.
9.
10.
11.
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City agrees to make progress payments and final payment in accordance with the
method set forth in the Special Provisions.
Contractor agrees to commence construction of the work provided for herein within
Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to
continue diligently in strict conformance with Contract Documents and without
interruption, and to complete the construction thereof within 140 Working Days
after the date specified in the Notice to Proceed.
Time is of the essence of this Contract, and it is agreed that it would be
impracticable or extremely difficult to ascertain the extent of actual loss or damage
which the City will sustain by reason of any delay in the performance of this
Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to
the City the following sum of $500.00 per Calendar Day, for each and every
Calendar Days delay in finishing the Work in excess of the number of Working Days
prescribed above. If liquidated damages are not paid, as assessed by the City, the
City may deduct the amount thereof from any money due or that may become due
the Contractor under this Contract in addition to any other remedy available to City.
By executing this Contract, Contractor agrees that the amount of liquidated
damages is reasonable and shall not constitute a penalty.
In accordance with State of California Senate Bill No. 854, Contractor will maintain
and will require all subcontractors to maintain valid and current Department of
Industrial Relations (DIR) Public Works Contractor registration during the term of this
project. Contractor shall notify the City in writing immediately, and in no case more
than twenty-four (24) hours, after receiving any information that Contractor's or any
of its Subcontractor's DIR registration status has been suspended, revoked, expired,
or otherwise changed.
Contractor will pay, and will require all subcontractors to pay, all employees on said
Contract a salary or wage at least equal to the prevailing salary or wage established
for such work as set forth in the wage determinations and wage standards
applicable to this work, a copy of which is on file in the office of the City Clerk of the
City of Poway. Federal prevailing wage rates apply for federally funded projects.
Travel and subsistence pay shall be paid in accordance with Labor Code§ 1773.1.
Contractor shall be subject to the penalties in accordance with Labor Code of
§ 1775 for each worker paid (either by Contractor or by any subcontractors under
Contractor) less than the prevailing rate described above on the work provided for in
this Contract.
Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811
which stipulates that eight hours labor constitutes a legal day's work, and§ 1812
which stipulates that the Contractor and subcontractors shall keep an accurate
2 May 2, 2023, Item #9
Lake Poway Upper Playground Renovation Project
record showing the name of and actual hours worked each calendar day and each
calendar week by each worker employed by them in connection with the work
performed under the terms of the Contract. Failure to comply with these sections of
the Labor Code will subject the Contractor to penalty and forfeiture provisions of the
Labor Code§ 1813.
12. Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the
employment of apprentices to the extent applicable to this Contract.
13. Contractor, by executing this Contract, hereby certifies :
"I am aware of and will comply with the Labor Code § 3700 by
securing payment for and maintaining in full force and effect for
the duration of the contract, complete Workers' Compensation
Insurance, and shall furnish a Certificate of Insurance to the City
before execution of the Contract. The City, its officers, or
employees, will not be responsible for any claims in law or equity
occasioned by failure of the Contractor to comply with this
paragraph."
Contractor further agrees to require all subcontractors to carry Workers' Compensation
Insurance as required by the Labor Code of the State of California.
14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds
approved by the City, one in the amount of One Hundred Percent (100%) of the
Contract Price, to guarantee the faithful performance of the work ("Performance
Bond"), and one in the amount of One Hundred Percent (100%) of the Contract
Price to guarantee payment of all claims for labor and materials furnished ("Payment
Bond"). This Contract shall not become effective until such bonds are supplied to
and approved by the City.
15. a. Contractor shall procure and maintain at its own expense, until completion of
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performance, commercial general liability insurance of not less than One Million
Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars
($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or
damage resulting from the wrongful or negligent acts by the Contractor or its
officers, employees, servants, volunteers and agents and independent contractors.
Contractor shall provide insurance on an occurrence, not claims-made basis.
Contractor acknowledges and agrees that, for purposes of clarification with the
intention of avoiding gaps in coverage with any umbrella or excess insurance,
personal and advertising injury coverage shall be triggered by an "offense" while
bodily injury and property damage coverage shall be triggered by an "occurrence"
during the policy period.
b. Contractor shall further procure and maintain at its own expense, until
completion of performance, commercial vehicle liability insurance covering personal
injury and property damage, of not less than One Million Dollars ($1,000,000)
combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the
aggregate, covering any vehicle utilized by Contractor or its officers, employees,
3 May 2, 2023, Item #9
6 of 12
Lake Poway Upper Playground Renovation Project
servants, volunteers and agents and independent contractors in performing the
services required by this Agreement.
c. Contractor shall further procure and maintain at its expense, until completion
of performance, workers' compensation insurance providing coverage as required
by the California State Workers' Compensation Law. If any class of employees
employed by the Contractor pursuant to this Agreement is not protected by the
California State Workers' Compensation Law, Contractor shall provide adequate
insurance for the protection of such employees to the satisfaction of the City . This
provision shall not apply if Contractor has no employees performing work under this
Agreement. Contractor agrees to waive its statutory immunity under any worker's
compensation or similar statute, as respecting the City, and to require any and all
subcontractors and any other person or entity involved with the Project to do the
same.
Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers'
compensation requirements .
o Contractor carries workers' compensation insurance for all employees.
d. All policies required by this section shall be secured from insurers authorized
to do business in the State of California with an "A" policyholder's rating or better
and a financial rating of at least Class VII, in accordance with the current Best's
Ratings.
e. Contractor agrees to require that all parties, including but not limited to
subcontractors, architects, engineers or others with whom Contractor enters into
contracts or whom Contractor hires or retains pursuant to or in any way related to
the performance of this Agreement, provide the insurance coverage required herein,
at minimum, and, except for worker's compensation coverage, name as additional
insureds the parties to this Agreement. Contractor agrees to monitor and review all
such coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this Section.
f. In the event this Agreement is terminated for any reason prior to the
completion of all obligations and requirements of this Agreement, Contractor agrees
to maintain all coverages required herein until the City provides written authorization
to terminate the coverages following the City's review and determination that all
liability posed under this Agreement as to the party providing insurance has been
eliminated.
g. Contractor agrees and acknowledges that if it fails to obtain all of the
insurance required in this Agreement in accordance with the requirements herein, or
to obtain and ensure that the coverage required herein is maintained by any
subcontractors or others involved in any way with the Project, Contractor shall be
responsible for any losses, claims, suits, damages, defense obligations, or liability of
any kind or nature attributable to the City, and/or its officers, employees, servants,
4 May 2, 2023, Item #9
Lake Poway Upper Playground Renovation Project
volunteers, agents and independent contractors, that result from such failure by
Contractor.
16. a. Contractor shall provide certificates of insurance with original endorsements
to the City as evidence of the insurance coverage required herein. Certificates of
such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on
file with the City at all times until completion of performance and acceptance by the
City.
b. Notwithstanding any inconsistent statement in any required insurance policies
or any subsequent endorsements attached thereto, the commercial general liability
and commercial vehicle liability policies shall bear endorsements whereby it is
provided that the City, and its officers, employees, servants, volunteers, agents and
independent contractors are named as additional insureds. Additional insureds shall
be entitled to the full benefit of all insurance policies in the same manner and to the
same extent as any other insureds and there shall be no limitation to the benefits
conferred upon them other than policy limits to coverages.
c. Contractor shall require the carriers of all requ ired insurance policies to waive
all rights of subrogation against the City, and its officers, employees, servants,
volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall
not be cancelled in coverage or limits (except by paid claims) unless the insurer has
provided the City with 30 days prior written notice of cancellation. Contractor agrees
to provide the City with 30 days written notice prior to any non-renewal or reduction
· in coverage or limits.
e. All insurance policies required to be provided by Contractor or any other party
must be endorsed to provide that the policies shall apply on a primary and
noncontributing basis in relation to any insurance or self-insurance, primary or
excess, maintained or available to the City, and its officers, employees, servants,
volunteers, agents and independent contractors.
17. a. Contractor shall defend, indemnify and hold harmless the City, its officers,
7 of 12
officials, agents, employees and volunteers from and against any and all claims,
demands, actions, losses, damage, injuries, and liability, direct or indirect (including
any and all costs and expenses in connection therewith) to the extent actually
caused by the negligence of Contractor, Contractor's employees, subcontractors or
independent contractors except for any such claim arising out of the negligence or
willful misconduct of the City, or its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against
Contractor under this Section because of the acceptance by the City, or the deposit
with the City, of any insurance policy or certificate required pursuant to this
Agreement. The hold harmless, indemnification and duty to defend provisions of this
Section shall apply regardless of whether or not said insurance policies are
5 May 2, 2023, Item #9
18.
19 .
20.
21.
22.
23.
24.
25.
26.
8 of 12
Lake Poway Upper Playground Renovation Project
determined to be applicable to the claim, demand, action, damage, liability, loss,
cost or expense described herein.
Any amendments to any of the Contract Documents, including but not limited to
Contract Change Orders, must be in writing executed by the Contractor and the
City. Any time an approval, time extension, or consent of the City is required under
the Contract Documents, such approval, extension, or consent must be in writing in
order to be effective.
The Contract Documents contain all of the agreements and understandings of the
parties and all previous understandings, negotiations, and contracts are integrated
into and superseded by this Contract.
In the event that any one or more of the phrases, sentences, clauses, paragraphs,
or sections contained in this Contract shall be declared invalid or unenforceable by a
valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Contract which are hereby declared as severable and
shall be interpreted to carry out the intent of the parties hereunder.
The persons executing this Contract on behalf of the parties hereto warrant that they
are duly authorized to execute this Contract on behalf of said parties and that, by so
executing this Contract, the parties hereto are formally bound to the provisions of
this Contract.
This Contract shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, personal representatives, successors, and
assigns.
In performing its obligations and duties under this Contract, each party shall comply
with all applicable local, state, and federal laws, regulations, rules, standards and
ordinances.
This Contract may be executed by the parties in counterparts, which counterparts
shall be construed together and have the same effect as if all of the parties had
executed the same instrument.
After completion of the work contemplated by this Contract, Contractor shall file with
the City Manager an affidavit stating that all workers and persons employed, all firms
supplying materials, and all subcontractors upon the project have been paid in full,
and that there are no claims outstanding against the project for either labor or
materials, except certain items, if any, to be set forth in an affidavit covering
disputed claims or items in connection with a Stop Notice that has been filed under
the provision of the laws of the State of California.
All work shall be subject to inspection and testing by City and its authorized
representatives during manufacture and construction and all other times and places,
including, without limitation, the plans of Contractor and any of its suppliers.
Contractor shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such
6 May 2, 2023, Item #9
Lake Poway Upper Playground Renovation Project
manner as to not unduly delay the work. The Work shall be subject to final inspection
and acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
27. Whenever Contractor has knowledge that any actual or potential labor dispute is
delaying or threatens to delay the timely performance of the Contract, Contractor
shall immediately give notice thereof, including all relevant information with respect
thereto, to City.
28. Contractor agrees to contact the appropriate regional notification center in
accordance with Government Code Section 4216.2.
29. Contractor shall submit its detailed plan for worker protection during the excavation
of trenches required by the scope of the work in accordance with Labor Code
Section 6705.
30. a. Contractor shall, without disturbing the condition, notify City, in writing, as
9 of 12
soon as Contractor, or any of Contractor's subcontractors, agents, or employees
have knowledge and reporting is possible, of the discovery of any of the following
conditions:
i. The presence of any material that Contractor believes is
hazardous waste, as defined in Section 25117 of the Health and
Safety Code;
ii. Subsurface or latent physical conditions at the site differing from
those indicated in the specifications; or
iii. Unknown physical conditions at the site of any unusual nature,
different materially for those ordinarily encountered and
generally recognized as inherent in work of the character
provided for in this Contract.
b. Pending a determination by City of appropriate action to be taken, Contractor
shall provide security measures (e.g., fences) adequate to prevent the hazardous
waste or physical conditions from causing bodily injury to any person.
c. City shall promptly investigate the reported conditions. If City, through and in
the exercise of its sole discretion, determines that the conditions do materially differ
or do involve hazardous waste, and will cause a decrease or increase in
Contractor's cost of, or time required for, performance of any part of the work, then
City shall issue a change order.
d. In the event of a dispute between City and Contractor as to whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in Contractor's cost of, or time required for, performance of any part of the
work, Contractor shall not be excused from any scheduled completion date and shall
proceed with all work to be performed under the contract. Contractor shall retain any
and all rights that pertain to the resolution of disputes and protests between the
parties.
7 May 2, 2023, Item #9
Lake Poway Upper Playground Renovation Project
31 . This Contract is to be governed by the laws of the State of California.
32. All work shall be guaranteed for a period of one (1) year from the date of acceptance
by the City. Contractor shall promptly make all needed repairs arising out of
defective materials, workmanship, and equipment.
City is hereby authorized to make such repairs if within ten (10) days after giving written
notice to Contractor, or its agent, Contractor should fail to make or undertake with due
diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in
the opinion of City, delay would cause serious loss or damage, repairs may be made
without notice being sent to Contractor, and Contractor shall pay the costs thereof.
(Remainder of page intentionally left blank)
10 of 12 8 May 2, 2023, Item #9
Lake Poway Upper Playground Renovation Project
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City
Attorney have caused the names of said parties to be affixed hereto, the day and year first
above written.
Contractor's Name:
Print Name of Construction Company
By:
Signature
Print Name
Contractor information:
Address for Notices and Payments
Telephone Number:
Email:
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM :
RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
11 of 12
CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
9 May 2, 2023, Item #9
1
�.���
1.F"� AGENDA REPORT CityofPoway
\����Gj/ CITY COUNCIL
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
May 2, 2023
Honorable Mayor and Members of the City Cojcil
Eric Heidemann, Director of Public Works f.Tim McDermott, Interim Director of Finance �
Brad Rosen, Assistant Director of Finance Operations f-/�
(858)668-4452 or brosen@poway.org
Approval of Agreement Between the City of Poway and Convergint Technologies, LLC for the purchase and installation of an electronic security system at the Lester J.Berglund Water Treatment Plant and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
The City's current analog camera system at the Lester J. Berglund Water Treatment Plant has outlived it useful life. The electronic security system upgrade project involves the replacement of the existing security camera system and implementation of an enterprise level security control system. The proposed system will enhance visibility within and around the treatment plant to improve security and assist with operations of the site.
Recommended Action:
It is recommended the City Council award the contract for the Water Treatment Plant Security Upgrades project to Convergint Technologies, LLC in the amount of $223,886.32 and authorize the City Manager to execute the agreement (Attachment A) and related documents.
Discussion:
The Water Treatment Plant Security Upgrades project includes the replacement of an existing security camera system that monitors the Water Treatment Plant grounds. The existing camera system has outlived its useful life and the software that operates the system is no longer supported. The scope of this project includes removing existing security cameras and installing 21 new Axis cameras, conduit, network cabling, Hewlett Packard Enterprise (HPE) server/storage hardware, and HPE Aruba network equipment to support the expanded security system.
In addition to the new hardware and installation, the proposed system implements the Genetec Security Center unified security platform. The Genetec solution includes more efficient recording and
1 of 27
--
May 2, 2023, Item #10
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to
enable Consultant to effectively perform the services. Consultant shall treat all such information
as confidential, whether or not so identified, and shall not disclose any part thereof without the
prior written consent of the City. Consultant shall limit the use and circulation of such information,
even within its own organization, to the extent necessary to perform the services. The foregoing
obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has
been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant,
hereafter disclosed in publicly available sources of information; (iii) is now in the possession of
Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully
disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other
results of the services or the existence of the subject matter of this contract without the prior
written consent of the City. In its performance hereunder, Consultant shall comply with all legal
obligations it may now or hereafter have respecting the information or other property of any other
person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost
and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person,
other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that
it has not paid or agreed to pay any company or person, other than a bona fide employee, any
fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or
resulting from the award or making of the Agreement. For breach of violation of this warranty,
City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct
from the Agreement price or consideration, or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of City and shall be
delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and
the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use
its official position to influence in any way any matter coming before the City in which the
Consultant has a financial interest as defined in Government Code Section 87103. Consultant
represents that it has no knowledge of any financial interests which would require it to disqualify
itself from any matter on which it might perform services for the City.
4 of27 2 May 2, 2023, Item #10
"Consultant" means an individual who, pursuant to a contract with a state or local
agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application,
certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided
it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to
which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines
for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making
a governmental decision as defined in the Political Reform Act and/or
implementing regulations promulgated by the Fair Political Practices Commission,
or performs the same or substantially all the same duties for the City that would
otherwise be performed by an individual holding a position specified in the City's
Conflict of Interest Code.
DISCLOSURE DETERMINATION:
1:8] 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 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)
5 of27 3 May 2, 2023, Item #10
years from the date of final payment under this Agreement, for inspection by City and copies
thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent
contractor and shall not be an employee of the City of Poway. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement; however, City shall not have the right to control the means by which Consultant
accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to practice its profession.
Consultant represents and warrants to City that Consultant shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or approval which
is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's
negligent performance of professional services, City and its respective elected and appointed
boards, officials, officers, agents, employees and volunteers (individually and collectively,
"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 a 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.
6 of27 4 May 2, 2023, Item #10
( c) The foregoing obligations of Consultant shall not apply to the extent that the Claims
arise from the sole negligence or willful misconduct of City or its elected and appointed boards,
officials, officers, agents, employees and volunteers.
(d) In any and all Claims against City by any employees of the Consultant, anyone
directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification
obligation under this Section 15 shall not be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or for the Consultant under worker's
compensation acts, disability benefit acts or other employee benefit acts.
(e) Consultant shall, upon receipt of written notice of any Claim, promptly take all
action necessary to make a claim under any applicable insurance policy or policies Consultant is
carrying and maintaining; however, if Consultant fails to take such action as is necessary to make
a claim under any such insurance policy, Consultant shall reimburse City for any and all costs,
charges, expenses, damages and liabilities incurred by City in making any claim on behalf of
Consultant under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be
construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which
would otherwise exist as to any party or person indemnified pursuant to this Section 15.
(g) The rights and obligations of the parties described in this Section 15 shall survive
the termination of this Agreement.
(h) TO THE FULLEST EXTENT ALLOWED BY LAW, NOTWITHSTANDING
ANYTHING IN THE AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER
CONSULTANT OR CITY BE LIABLE TO THE OTHER PARTY HERETO OR TO ANY
INDEMNITEE FOR SPECIAL, INDIRECT, INCIDENTAL, LIQUIDATED OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO COMMERCIAL LOSS, LOSS OF USE OR
LOST PROFITS (WHETHER AS A DIRECT OR CONSEQUENTIAL DAMAGE), EVEN IF THAT
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION
SET FORTH IN THIS SECTION SHALL APPLY WHETHER THE CLAIM IS BASED ON
CONTRACT, TORT OR OTHER THEORY."
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.
7 of27 5 May 2, 2023, Item #10
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 (Cal PERS) 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 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.
26. In the event that Consultant discovers or suspects the presence of hazardous
materials at City's facility where the Work is to be performed, Consultant is entitled to stop the
Work at that facility if such hazardous materials were not introduced to the site by Consultant.
Consultant in its sole discretion shall determine when it is "safe" to return to perform the Work at
City's facility. Consultant shall have no responsibility for the discovery, presence, handling,
removing, remediating or disposal of or exposure of persons to hazardous materials in any form
at the City's facility. City shall indemnify and hold harmless Consultant from and against claims,
damages, losses and expenses, including but not limited to, reasonable attorney's fees, arising
out of or resulting from undisclosed hazardous materials at City's facility.
27. City acknowledges that Consultant is not collecting or processing any biometric
information under this Agreement although the products (including embedded software) provided
by Consultant are capable of collecting biometric information. City agrees and will comply with
any and all applicable local, state or federal laws, ordinances, rules or regulations (collectively,
"Laws") with respect to collecting biometric information using the products provided under this
Agreement. City will defend, indemnify and hold Consultant harmless from and against any and
all claims, suits, actions, legal proceedings, liabilities, damages, fines, fees, penalties, costs and
expenses arising out of or relating to City's collection of biometric information.
(Remainder of page intentionally left blank)
9 of27 7 May 2, 2023, Item #10
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the
date first above written.
CITY OF POWAY
By: __________ _
Chris Hazeltine, City Manager
Date: ___________ _
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By: _____________ _
Alan Fenstermacher, City Attorney
10 of 27
CONVERGINT TECHNOLOGIES, LLC
8
By:------------
Zac Rose, General Manager
Date: ------------
May 2, 2023, Item #10
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall
consist of the purchase or security cameras and software and installation services further
described in the Scope of Services submitted with the proposal dated April 3, 2023, 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 proposal submitted with
the proposals dated April 3, 2023, which are included in this document as Attachment 1. Total fee
is not to exceed $223,886.32. 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 May 3, 2023, and
ending December 31, 2024, unless sooner terminated by City as provided in the section of this
Agreement entitled "Termination." This Agreement may be extended for up to two additional one-
year periods upon approval in writing of the City Manager and Consultant. Upon expiration or
termination of this Agreement, Consultant shall return to City any and all equipment, documents
or materials and all copies made thereof which Consultant received from City or produced for City
for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of
the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations,
products/completed, broad form property damage, and blanket contractual liability with the
following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined
each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned
vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the
Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of
not less than $1,000,000 combined single limits, per claim and annual aggregate.
11 of 27 1 May 2, 2023, Item #10
(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:
To Consultant:
12 of 27 2
City of Poway
P.O. Box 789
Poway, CA 92074
Jasper Bruinzeel
Convergint Technologies, LLC
7323 Engineer Rd
San Diego, CA 92111
With copy to:
Legal.notices@convergint.cm
May 2, 2023, Item #10
EXHIBIT "8"
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)
13 of 27
(l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve
or be employed by a public employer if, during the 12-month period prior to an
appointment described in this section, the retired person received any unemployment
insurance compensation arising out of prior employment subject to this section with
May 2, 2023, Item #10
Cal Gov Code § 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting
an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment
insurance compensation as described in this subdivision shall terminate that
employment on the last day of the current pay period and shall not be eligible for
reappointment subject to this section for a period of 12 months following the last day
of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period
of 180 days following the date of retirement unless he or she meets one of the following
conditions:
14 of27
(l)The employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed position before 180 days have passed and the
appointment has been approved by the governing body of the employer in a public
meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state
employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed state employment position before 180 days
have passed and the appointment has been approved by the Department of
Human Resources. The department may establish a process to delegate
appointing authority to individual state agencies, but shall audit the process to
determine if abuses of the system occur. If necessary, the department may assume
an agency's appointing authority for retired workers and may charge the
department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly
Rules Committee certifies the nature of the employment and that the
appointment is necessary to fill a critically needed position before 180 days have
passed and approves the appointment in a public meeting. The appointment may
not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California
State University certifies the nature of the employment and that the appointment is
necessary to fill a critically needed position before 180 days have passed and
approves the appointment in a public meeting. The appointment may not be placed
on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program
pursuant to a collective bargaining agreement with the California State University
that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or
functions regularly performed by a public safety officer or firefighter.
2 May 2, 2023, Item #10
Cal Gov Code § 7522.56
(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible
to be employed pursuant to this section for a period of 180 days following the date of
retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers'
Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the
Education Code.
(i)This section shall not apply to (I) 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 I, 2013. Amended Stats 2013 ch 528
§ 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January
I, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January I, 2015.
Annotations
Notes
Amendments:
Note--
Amendments:
2013 Amendment:
Substituted (I) "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).
15 of27 3 May 2, 2023, Item #10
converg fnt
April 3, 2023
City of Poway
Poway City Hall
ATTACHMENT 1
7323 Engineer, San Diego, California 92111
Phone (760) 274-4214 Mobile (760) 274-4214
jasper.bruinzeel@convergint.com
Quotation: JB12519437P ·
RFP#:
13325 Civic Center Dr. Poway, California 92064
Attention: Brad Rosen
License/Cert C-10 -#986407
Reference: Camera System Upgrade -Genetec
On behalf of Convergint's global network of colleagues, I would like to personally thank
you for providing Convergint with the opportunity to present this proposal addressing your
electronic security needs. We are confident that this proven solution is both
comprehensive and customized to meet your needs today, and in the future.
Convergint's reputation for service excellence is backed by a foundational commitment
to our core value of service, and we have been recognized as the #1 Systems Integrator
by SOM Magazine. This recognition reflects the strong relationships Convergint has
developed with the industry's top technology manufacturers, and our history of success
with providing exceptional service to our customers.
Our guiding principle has always been to be our customers' best service provider. Our
dedicated and certified team of professionals strives to uphold our customer-focused,
service-based mission to make a daily difference for our customers. After achieving a
successful on-time and on-budget project installation, Convergint will provide you with the
industry's best ongoing service, including our 24/7 customer portal iCare, designed to
track service work orders, project progress, and provide you with detailed metric reporting
for continuous improvement.
The following security proposal is specifically designed to meet your needs. As your single
point of contact, please feel free to contact me with any additional questions you may
have. Thank you again for trusting Convergint as your partner.
16 of27 May 2, 2023, Item #10
converg fnt
• The following notes and details are provided:
19 of 27
o Proposal is based on good faith understanding of site conditions, based on site
walks performed, as is reasonable to carry out prior to contract award. Existing
conduit assumed possible to be re-used for pulling of new cabling to replace coax
cabling, by normal, reasonable industry expectations. If additional efforts are
required beyond Convergint reasonable expectations, a change order might be
needed.
o Various existing roof penetrations will be used in the new design. If though
additional roof/ roof-membrane penetrations would be required, associated
work and cost is not included in this proposal.
o Building structures are assumed to support the camera attachments proposed.
o Existing camera devices will be removed in the efforts of the project.
o Basic touch up "patch & paint" efforts are included.
o One wall cabinet will be required to be added, to house a newly added switch.
The fiber cable to this location is assumed existing.
o Various existing Axis cameras will be connected into the new system. The
networking is assumed by the Customer, and the cameras are assumed in good
working condition and compatibility without major troubleshooting.
o Servers ("VM" for directory function)/ work stations (any as required for
viewing), networking and IP addresses by the Customer, unless specifically stated
as provide by Convergint. No new fiber cabling assumed required in this project
to enable this project scope.
o Set up of work stations for viewing functions by Convergint is limited to two work
stations (with work stations to be provided by the Customer, to meet minimum
Genetec requirements).
o New camera cabling from switch/patch panel to camera (per design drawing)
assumed provided/installed by Convergint.
o Drawings and submittal set included based on our good faith specifications
assumptions.
o Regular business hour work assumed.
o Prevailing wage
May 2, 2023, Item #10
Convergint Technologies Install Terms & Conditions
Throughout this Installation Proposal, the term, "Converginr refers to the Convergint Technologies affiliate
operating in the state/province in which the Work is being perfooned.
SECTION 1. THE WORK
This Installation Proposal takes precedence over and supersedes any and all prior proposals, correspondence,
and oral agreements or representations relating to the work set forth in the attached scope of work, including
without limitation, goods, seNices, equipment and software, ("Work"). This Installation Proposal commences on
the Start Date as specified in the attached scope of work and, subject to any addendums, represents the entire
agreement between Convergint and Customer (the "Agreemenr). In the event any provision of this Agreement is
held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force.
Convergint agrees in accordance with the mutually agreed project schedule:
a. To submit shop drawings, product data, samples and similar submittals if required in perfooning the Work;
b. To pay for all labor, materials, equipment, tools, supeNision, programming, testing, startup and
documentation required to perform the Work in accordance with the Agreement;
c. Secure and pay for penmits and governmental fees, licenses, and inspections necessary for proper execution
and completion of the Work, unless local regulations provide otherwise; and
d. Hire subcontractors and order material to perfoon part of the Work, if necessary, while remaining
responsible for the completion of theWork.
Customer agrees in accordance with the mutually agreed project schedule, and at no cost to Convergint:
a. To prompUy approve submittals provided byConvergint;
b. To provide access to all areas of the facility which are necessary to complete the Work;
c. To supply suitable electrical seNice as required by Convergint and
d. That in the event of any emergency or systems failure, reasonable safety precautions will be taken by
Customer to protect l~e and property during the period from when Convergint is first notified of the emergency
or failure and until such time that Convergint notifies the Customer that the systems are operational or that
the emergency has cleared.
No monitoring services or software capable of obtaining what may be characterized as biometric
information are included in the Work. Any such services shall be governed by a separate agreement.
Title to the Work, including any materials comprising the Work, shall pass to Customer as the Work is
completed and the materials are incorporated into the Work at Customers site subject to any license
agreements. If materials are earlier stored on Customer's site pursuant to agreement between Customer
and Convergint, title with respect to such materials shall pass to Customer upon delivery to Customer site.
SECTION 2. PRICING
Pricing and amounts proposed shall remain valid for 30 days unless otherwise specified. Price includes only the
material listed based on Convergint's interpretation of plans and specifications unless noted otherwise. Additional
equipment, unless negotiated prior to order placement, will be billed accordingly. Sales taxes, (and in Canada
GST/PSD and any other taxes assessed on Customer shall be added to the price upon invoice to Customer.
SECTION 3. INVOICE REMITTANCE AND PAYMENT
Customer agrees to pay Convergint twenty-five (25%) percent of the total price as a mobilization fee at the time
of executing this Agreement
Version 2.0 November 2022
Convergint shall maintain the following insurance coverages during the term of this Agreement and upon
request, shall provide certificates of insurance to the Customer.
Workers Compensation Statutory Limits
Employers Liability $1,000,000 per occurrence/aggregate
Commercial General Liability $1,000,000 peroccurrence
Automobile Liability
Excess/Umbrella Liability
S2,000,000 general aggregate
S1,000,000 per occurrence/aggregate
$5,000,000 peroccurrence/aggregate
Convergint's insurance is limited to the coverages listed above and Convergint will not provide Builders Risk
Insurance. Commercial General Liability poicy shall name the Customer as "additional insured" on a
primary/noncontributory basis with respect to liability arising out of work performed by Convergint, as applicable, but
only to the extent of liabilities falling within the indemnity obligations of Convergint pursuant to the terms of this
Agreement. Convergint shall provide to the Customer no less than thirty (30) days' notice priorto the termination or
cancellation of any such insurance policy.
SECTION 8. INDEMNIFICATION
To the fullest extent allowed by law, Convergint shall indemnify and hold Customer harmless from and against
claims, damages, losses and expenses (excluding loss of use) attributable to bodily injury, sickness, disease or death,
or to destruction of tangible property, but only to the extent caused by the negligent acts or omissions of Convergint
or Convergint's employees or subcontractors while on Customers site.
It is understood and agreed by the parties that Convergint is or may be providing intrusion products which are
designed to provide notification of certain events but are not intended lo be guarantees or insurers against
any acts for which they are supposed to monitor or inform. Convergint's indemnification obligation pursuant to
Section 8 herein, does not apply to the extent the loss indemnified against is caused by any intrusion product
or software provided by but not manufactured by Convergint. Convergint shall have !lQ liability to Customer
for any losses to the extent such losses are caused by the intrusion product or software. Customer shall
indemnify, defend, and hold harmless Convergint. from and against all claims, lawsuits, damages, losses and
expenses by persons not a party to this Agreement, but only to the extent caused by such intrusion product or
software provided by but not manufactured by Convergint.
SECTION 9 LIMITATION.OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW: (A) IN NO EVENT SHALL EITHER CONVERGINT OR
CUSTOMER BE LIABLE TO THE OTHER PARTY HERETO FOR SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING COMMERCIAL LOSS, LOSS OF USE OR LOST PROFITS, EVEN
IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION SET
FORTH IN THIS SECTION SHALL APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT OR
OTHER THEORY AND (8). IN NO EVENT Vv1LL CONVERGINT BE LIABLE TO CUSTOMER FOR ANY
AMOUNTS IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO CONVERGINT UNDER THIS
AGREEMENT.
SECTION 10. COMPLIANCE WITH LAW, SAFETY, & HAZARDOUS MATERIALS
Convergint will comply with all laws and regulations applicable to its provision of the Work. Customer will comply with
all applicable laws and agreements applicable to its use and operation of the Wo!k. Convergint shall comply with all
safety related laws and regulations and with the safety program of the Customer, provided such program is supplied
If the Work is performed over more than one month, Convergint will invoice Customer each month for the Work to Convergint prior to beginning Work.
perfooned during the previous month. Customer agrees to pay the amount due to Convergint as invoiced, within In the event that Convergint discovers or suspects the presence of hazardous materials, or unsafe woO<ing
thirty (30) days of the date of such invoice. If the Work is completed in less than one month, Customer agrees to conditions at Customers facility where the Work is to be perfom1ed, Convergint is entitled to stop the Work at that
pay Convergint in full after the Work has been completed within thirty (30) days of the date of invoice. Invoices facility if such hazardous materials, or unsafe working conditions were not provided by or caused by Convergint.
shall not include or be subject to a project retention percentage. If Customer is overdue in any payment Convergint Convergint in its sole discretion shall determine when it is "safe" to return to perform the Work at Customers facility.
shall be entiUed to suspend the Work until paid, and charge Customer an interest rate 1 and 1/2% percent per Convergint shall have no responsibility for the discovery, presence, handling, removing or disposal of or exposure
month, (or the maximum rate permitted by law, whichever is less), and may avail itse~ of any other legal or equitable of persons to hazardous materials in any form at the customers facility. To the fullest extent allowed by law, Customer
remedy. Customer shall reimburse Convergint costs incurred in collecting any amounts that become overdue, shall indemnify and hold harmless Convergint from and against claims, damages, losses and expenses, including
including attorney fees, court costs and any other reasonable expenditure. but not limited to, reasonable attorney's fees, arising out of or resulting from undisclosed hazardous materials, or
SECTION 4. WARRANTY unsafe working conditions at Customers facility.
For the period of one (1) year, commencing at the ear1ier of substantial completion of the Work or first beneficial SECTION 11. PERSONAL DATA
use, ("Warranty Penod"), the:
a. Work performed under this Agreement will be of good quality;
b. Equipment will be new unless otherwise required or permitted by this Agreement;
c. Work will be free from defects not inherent in the quality required or permitted; and
d. Work will conform lo the requirements of this Agreement.
The Customers sole and exclusive remedy for any breach of this warranty is that Convergint shall remove, replace
and/or repair at its own discretion and expense any defective or improper Work discovered within the Warranty
Period, provided Convergint is notified in writing of any defect within the Warranty Period.
Any software, equipment or products included in the Work and installed by Convergint shall only carry such
warranty as is provided by the manufacturer thereof, which Convergint hereby assigns to Customer without
recourse to Convergint or which is exclusively granted to customer in the software dorumentation. Upon request
of Customer, Convergint will use commercially reasonable efforts to assist Customer in enforcing any such third-
party warranties. This warranty excludes remedy for damage or defect caused by abuse, theft, neglect,
modifications not executed by Convergint, improper or insufficient maintenance, improper use or operation; fire,
explosion, water exposure, corrosion, rust, adver.;e environmental conditions or resulting from accidents, or any other
Acts of God; fluctuations in the building power supply, failure to provide a power supply, or operating an environment
that does not conform to the manufacturers specifications; repair, seNice, adjustment tampering or modification of
the equipment by anyone other than Convergint seNice personnel; negligence or acts or omissions of Customer or
any third party (excluding a Convergint seNice personnel); or normal wear and tear under normal usage. EXCEPT
FOR THE EXPRESS WARRANTIES PROVIDED IN THIS SECTION 4, NO FURTHER WARRANTIES OR
GUARANTIES, EXPRESS OR IMPLIED, ARE MADE Vv1TH RESPECT TO ANY GOODS OR SERVICES
PROVIDED UNDER THIS AGREEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.
SECTION 5, CHANGES
Wthout invalidating this Agreement or any bond given hereunder, Customer or Convergint may request changes
in the Work. Any changes to the Agreement shall be in writing signed by both Customer and Convergint. If
Customer orders any additional Work or causes any material interference with Convergint's performance of the
Work, Convergint shall be entitled to an equitable adjustment in the time for performance and in the Agreement
Price, including a reasonable allowance for ovemead and profit.
SECTION 6, FORCE MAJEURE
Neither Customer nor Convergint shall be responsible or liable for or be deemed in breach of this Agreement
because of any delay or failure in the performance of their respective obligations pursuant to this Agreement due
to circumstances beyond their reasonable control ("Force Majeure") and without the fault or negligence of the party
experiencing such delay. A Force Majeure event shall include, but not be limited to: acts of God, pandemic or
epidemic, diseases, quarantines, unavoidable casualties, concealed conditions, acts of any civil or military
authority; riot, insurrections, and civil disturbances; war, invasion, act of foreign enemies, hostilities
(regardless of whether or not war is declared), rebellion, revolution, terrorist activities; strikes, lockouts or
other labor disputes; embargoes; shortage or unavailability of labor, supplies, materials, equipment or
systems; accident fire, storm, water, flooding, negligence of others, vandalism, power failure, installation of
incompatible equipment, improper operating procedures, source current fluctuations or lighting, transportation
contingencies; laws, statutes, regulations, and other legal requirements, orders or judgements; acts or order of any
government or agency or official thereof, other catastrophes or any other similar OCaJrrences. If performance by
either party is delayed due to Force Majeure, the time for performance shall be extended for a period of time
reasonably necessary to overcome the effect of the delay. Any seNices required by Convergint due to reasons
set forth in this Force Majeure Section shall be charged to Customer in addition to any amounts due under this
Agreement.
SECTION 7. INSURANCE
27 of27
This Agreement does not authorize Convergint to access, collect, store or process any biometric information
although the equipment or products included in the Work (including embedded software) installed by Convergint
are capable of collecting biometric information. Customer agrees and will comply with any and all applicable
local, state or federal laws, ordinances, rules or regulations (collectively, "Laws") with respect to collecting
biometric information using the equipment or products provided under this Agreement. Notwithstanding the
foregoing, to the extent Customer uses the Work to collect biometric information or provides Convergint with
access to biometric information, Customer acknowledges that Laws may limit Customers rights and impose
obligations with respect to use of software capable of collecting biometric information, including any hardware
or other software and services associated with the biometric information, and agrees that Customer is solely
responsible to ensure its own compliance with such Laws. To the fullest extent allowed by law, Customer will
defend, indemnify and hold Convergint harmless from and against any and all claims, suits, actions, legal
proceedings, liabilities, damages, fines, fees, penalties, costs and expenses arising out of or relating to
Customer's use or collection of biometric information.
SECTION 12. PRICE ADJUSTMENT
Convergint may automatically adjust the price, with five (5) days prior written notice, if based on: (a) changes
by its vendors to the cost of equipment and/or products to be delivered and/or labor costs related to personnel
responsible for performing the Work, (b) macroeconomic conditions, such as taxes, tariffs or duties, natural
disasters, labor shortages/strikes, etc., (c) applicable market trends, or (d) other events not within Convergint's
control that impact the cost of performing tihe Work. The variation in the cost of the equipment, products and/or
labor shall be consistent with applicable market indexes, where available, third-party sources or other
evidence. Convergint reserves the right to add periodic surcharges to this order, including without limitation,
adjustments for the then current price of fuel, such surcharges to be specified and invoiced by Convergint.
SECTION 13. DISPUTES
In the event of any dispute between Convergint and Customer, Convergint and Customer shall first attempt to resolve
the dispute in the field, but if that is not successful, then in a meeting between autho<ized officers of each company.
If settlement attempts are not successful, unless the dispute requires injunctive relief, then the dispute shall be decided
exclusively by arbitration. Such arbitration shall be conducted in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association currently in effect by a single arbitrator and shall be a final
binding resolution of the issues presented between the parties. The prevailing party shall be entiUed to recover its
reasonable attorneys' fees and costs. Any award by the arbitrator may be entered as a judgment in any court having
jurisdiction.
SECTION 14. MISCELLANEOUS
This Agreement shall be governed and construed in accordance with the laws of the state/province in which the Work
is being performed. Neither party to this Agreement shall assign this Agreement without tihe prior written consent of
the other party hereto. Notwithstanding the foregoing, Convergint may assign this Agreement without notice or
consent (i) to any of its parents, subsidiaries or affiliated companies or any entity majority owned by Convergint; or
(ii) in connection with a merger, acquisition, reorganization, sale of all of the equity interests of Convergint, or a sale
of all or substantially all of the assets of Convergint to which this Agreement relates.
Notices shall be in writing and addressed to the other party, in accordance with the names and addresses of the
parties as shown above. All notices shall be effective upon receipt by the party to whom the notice was sent. In no
event will Convergint be obligated to comply with any project labor agreements or other collective bargaining
agreements
A waiver of the terms hereunder by one party to the other party shall not be effective unless in writing and signed by
a person with authority to commit the Customer and Convergint. No waiver by Customer or Convergint shall operate
as a continuous waiver, unless the written waiver specifically states that it is a continuous waiver of the terms stated
in that waiver. The Sections regarding invoicing, warranty, indemnity, and disputes shall suNive the termination of
this Agreement.
May 2, 2023, Item #10