07-21-20 Agenda PacketAMENDED FRIDAY, JULY 17, 2020
AG EN DA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064
July 21, 2020 I 7 p.m.
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Steve Vaus
Mayor
Caylin Frank
Depuy Mayor
Dave Grosch
Council member
Barry Leonard
Co ncilmember
John Mullin
Council ember
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Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
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The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority,
Public Financing Authority and Successor Agency to the Poway Redevelopment Agency
CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION:
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be
brought forward by the general public for comment; however, the City Council will not be able to
discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.
Speakers have one opportunity to address the Council under Public Comment.
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a
Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager
requests that an item be removed for discussion.
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. Approval of the June 16, 2020 Regular City Council Meeting Minutes
2. Resolution to Continue the Existence of a Local Emergency within the City of Poway Due to the
Novel Coronavirus (COVID-19) Global Pandemic
3. Award of Contract to Parron Hall for the Mickey Cafagna Community Center Office Furniture
Vendor; RFP No. 20-021
4. Award of Contract to Tri-Group Construction and Development, Inc. for the 2019-20 Corrugated
Metal Pipe Annual Repair/Replace Project; Bid No. 20-012
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARINGS:
5. Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be
Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21
City Manager's Recommendation: It is recommended that the City Council adopt the
Resolution.
6. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to be
Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21
City Manager's Recommendation: It is recommended that the City Council adopt the
Resolution.
7. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-2 to be
Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21
City Manager's Recommendation: It is recommended that the City Council adopt the
Resolution.
8. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-3 to be
Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21
City Manager's Recommendation: It is recommended that the City Council adopt the
Resolution.
9. Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 to be
Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21
City Manager's Recommendation: It is recommended that the City Council adopt the
Resolution.
10. Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be
Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21
City Manager's Recommendation: It is recommended that the City Council adopt the
Resolution.
11. Resolution Establishing Assessments for Poway Lighting District to be Collected on the San Diego
County Property Tax Roll for Fiscal Year 2020-21
City Manager's Recommendation: It is recommended that the City Council adopt the
Resolution.
STAFF REPORTS:
12. Resolution Adopting the Authorization to Submit an Application for Community Development
Block Grant Funds -Coronavirus (CDBG-CV) to Fund Jewish Family Services Senior Food
Distribution Programs
City Manager's Recommendation: It is recommended that the City Council adopt the
Resolution authorizing the submission of application for Community Development Block Grant
-Coronavirus (CDBG-CV) funding in the amount of $91,479.09; and authorize the City Manager
to execute all necessary grant documents.
WORKSHOPS: None.
COUNCIL-INITIATED ITEMS: None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
CITY MANAGER ITEMS: None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
AD OURNMENT
State of California
County of San Diego
)
) 55.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, Interim 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 July 17,
2020 at 2:30 p.m. Said meeting to be held at 7:00 p.m.,July 21, 2020, in the Poway City Council Chambers, 13325
Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall.
{~{~
Carrie Ga/lag~
Interim City Clerk
AGENDA RE PO RT City of Poway
DATE:
TO:
FROM:
July 21, 2020
Honorable Mayor and Members of the City Council
Carrie Gallagher, Interim City Clerk �
(858)668-4535 or cgallagher@poway.org
CITY COUNCIL
SUBJECT: Approval of the June 16, 2020 Regular City Council Meeting Minutes
Summary:
The City Council Meeting Minutes submitted hereto for approval are:
•June 16, 2020 Regular City Council Meeting Minutes
The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the
Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.
Recommended Action:
It is recommended that the City Council approve the June 16, 2020 Regular City Council Meeting
Minutes.
Public Notification:
None.
Attachments:
A.June 16, 2020 Regular City Council Meeting Minutes
Reviewed/Approved By:
Wendy Kiserman
Assistant City Manager
1 of 12
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
July 21, 2020, Item #1
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
June 16, 2020
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency)
CALL TO ORDER
Mayor Vaus called the Regular Meeting to order at 7:00 p.m.
ROLL CALL
John Mullin, Barry Leonard, Dave Grosch, Caylin Frank, Steve Vaus
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan
Fenstermacher; City Clerk Faviola Medina; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resource and Risk Management Director Jodene Dunphy; Public
Works Director Eric Heidemann; Fire Chief Jon Canavan
(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
Councilmember Leonard led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PUBLIC COMMENT
Michael Rennie, representing Poway OnStage, via email, sent in a report on the Arts in Education program for fiscal year 2020.
Chris Olps, via teleconference, expressed concerns regarding the Fourth of July fireworks display at the Sportsplex.
2 of 12 July 21, 2020, Item #1 ATTACHMENT A
City of Poway -Minutes -June 16, 2020
Phil Factor, via teleconference, expressed concerns regarding a potential parking lot at the location of the Big Stone Lodge.
Yuri Bohlen, via teleconference, inquired about an environmental review for The Outpost project.
CONSENT CALENDAR
Councilmember Grosch announced that he would recuse himself from the vote on Item No. 1.4
due to a conflict of interest, residing in Landscape Maintenance District 83-1.
Councilmember Leonard announced that he would recuse himself from the vote on Item No. 1.5 due to a conflict of interest, residing in Landscape Maintenance District 86-1.
Deputy Mayor Frank announced that she would recuse herself from the vote on Item No. 1.8 due to a conflict of interest, residing in Landscape Maintenance District 87-1.
Motioned by Mayor Vaus, seconded by Councilmember Mullin to approve Consent Calendar Items 1 through 17 with the exception of Item No.'s 1.4, 1.5 and 1.8. Motion
carried by the following roll-call vote:
Ayes:
Noes: Abstained:
Absent: Disqualified:
Mullin, Leonard, Grosch, Frank, Vaus
None None
None
None
1.Approval of the May 19, 2020 Regular City Council Meeting Minutes
2.Approval of the May 27, 2020 Special City Council Meeting Minutes
3.Adoption of Resolution No. 20-036 entitled "A Resolution of the City Council of the City of
Poway, California, Calling for the Holding of a General Municipal Election to be held onTuesday, November 3, 2020, for the Election of Certain Officers as Required by the Provisionsof the Laws of the State of California relating to General Law Cities;"
Adoption of Resolution No. 20-037 entitled "A Resolution of the City Council of the City ofPoway, California, Requesting the Board of Supervisors of the County of San Diego to
Consolidate a General Municipal Election to be held on Tuesday, November 3, 2020, with theStatewide General Election to be held that date pursuant to Section 10403 of the Elections
Code; and
Adoption of Resolution No. 20-038 entitled "A Resolution of the City Council of the City ofPoway, California, Adopting Regulations for Candidates for Elective Office Pertaining to
Candidates Statements Submitted to the Voters at an Election to be held on Tuesday,November 3, 2020"
Assi Friedman, via email, sent in correspondence expressing concerns for the City's water
system and called upon all Councilmembers to resign.
3 of 12 July 21, 2020, Item #1
City of Poway - Minutes -June 16, 2020
4.Adoption of Resolution No. 20-039 entitled "A Resolution of the City Council of the City of
Poway, California, Declaring the Intention to Levy and Collect Assessments within PowayLandscape Maintenance District 83-1 for Fiscal Year 2020-21 and Approving the Engineer's
Report
The record shows the vote for Item No. 1.4 as follows:
Ayes: Noes:
Abstained: Absent: Disqualified:
Mullin, Leonard, Frank, Vaus None
None
None Grosch
5.Adoption of Resolution No. 20-040 entitled "A Resolution of the City Council of the City of
Poway, California, Declaring the Intention to Levy and Collect Assessments within Poway
Landscape Maintenance District 86-1 for Fiscal Year 2020-21 and Approving the Engineer'sReport
The record shows the vote for Item No. 1.5 as follows:
Ayes: Noes: Abstained:
Absent: Disqualified:
Mullin, Grosch, Frank, Vaus None None
None Leonard
6.Adoption of Resolution No. 20-041 entitled "A Resolution of the City Council of the City ofPoway, California, Declaring the Intention to Levy and Collect Assessments within Poway
Landscape Maintenance District 86-2 for Fiscal Year 2020-21 and Approving the Engineer'sReport
7.Adoption of Resolution No. 20-042 entitled "A Resolution of the City Council of the City ofPoway, California, Declaring the Intention to Levy and Collect Assessments within Poway
Landscape Maintenance District 86-3 for Fiscal Year 2020-21 and Approving the Engineer'sReport
8.Adoption of Resolution No. 20-043 entitled "A Resolution of the City Council of the City ofPoway, California, Declaring the Intention to Levy and Collect Assessments within Poway
Landscape Maintenance District 87-1 for Fiscal Year 2020-21 and Approving the Engineer's
Report
The record shows the vote for Item No. 1.8 as follows:
Ayes: Noes:
Abstained:
Absent: Disqualified:
4 of 12
Mullin, Leonard, Grosch, Vaus None
None
None Frank
July 21, 2020, Item #1
City of Poway -Minutes -June 16, 2020
9.Adoption of Resolution No. 20-044 entitled "A Resolution of the City Council of the City of
Poway, California, Declaring the Intention to Levy and Collect Assessments within PowayLandscape Maintenance District 19-1 for Fiscal Year 2020-21 and Approving the Engineer's
Report
10.Adoption of Resolution No. 20-045 entitled "A Resolution of the City Council of the City of
Poway, California, Declaring the Intention to Levy and Collect Assessments within Poway
Lighting District for Fiscal Year 2020-21 and Approving the Engineer's Report
11.Approval of Agreement with Progressive Technology Security Systems, Inc. for Monitoringand Service of Fire and Security Alarm Systems; RFP No. 20-020
12. Award of Contract to United Site Services of California, Inc. for Portable Toilet Services; RFPNo. 20-018
13.Extension of the Fiscal Year 2018-2019 Citywide Striping Project Contract for the Fiscal Year2020-2021 Citywide Striping Project; Bid No. 18-021, Statewide Stripes, Inc.
14.Extension of the Fiscal Year 2018-2019 Street Maintenance Project Contract for the 2020-2021 Street Maintenance Project; Bid No. 18-22, American Asphalt South, Inc.
15.Adoption of Resolution No. 20-046 entitled "A Resolution of the City Council of the City of
Poway, California, Acknowledging Receipt of a Report Made by the Deputy Fire Chief of thePoway Fire Department Regarding the Inspection of Certain Occupancies Required toPerform Annual Inspections in such Occupancies pursuant to Sections 13146.2 and 13146.3
of the California Health and Safety Code"
16.Adoption of Resolution No. 20-04 7 entitled "A Resolution of the City Council of the City of
Poway, California, Finding and Declaring the Continued Existence of an Emergency withinthe City due to the Novel Coronavirus (COVID-19) Global Pandemic"
17.Adoption of Resolution No. 20-048 entitled "A Resolution of the City Council of the City ofPoway, California, Finding and Declaring the Termination of an Emergency within the City"
ORDINANCES FOR INTRODUCTION
None.
ORDINANCES FOR ADOPTION
None.
PUBLIC HEARINGS
18.2019 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's
Roll for Fiscal Year 2020-2021
Mayor opened the public hearing at 7: 12 p.m.
City Planner Dave De Vries presented the report.
5 of 12 July 21, 2020, Item #1
City of Poway -Minutes -June 16, 2020
No speakers.
Mayor closed the public hearing at 7: 13 p.m.
Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 20-049 entitled "A Resolution of the City Council of the City of Poway, California,
approving the 2019 Weed and Nuisance Abatement Charges to be Collected on the
County Tax Assessor's Roll for Fiscal Year 2020-2021." Motion carried unanimously.
19.Specific Plan 18-001, Environmental Assessment 19-001, Zone Change 19-001, ZoningOrdinance Amendment 20-001, General Plan Amendment 19-001, Tentative Tract Map 19-
002, Development Review 19-001 and Conditional Use Permit Application 19-005, a Request
to Adopt a Specific Plan, Subdivide 117 Acres of Land and Construct up to 160 Homes withRecreational, Agricultural and Commercial Amenities at the Decommissioned StoneRidge
Country Club and Certify the Associated Environmental Report
Mayor opened the public hearing at 7:14 p.m.
Director of Development Services Bob Manis gave a brief overview of The Farm in Poway
project explaining that the project is subject to a Proposition FF simple majority vote approval
by the Poway voters and, therefore, explained that the applicant has opted to request the City Council to approve the project and then place it on the November ballot for voter approval as
a City Council sponsored measure.
City Planner Dave De Vries presented the report along with a slideshow presentation. Mr. De
Vries discussed the proposed site plan which includes a Specific Plan proposal for The Farm in Poway project that will guide development of five residential communities and two open
space land use zoning designations designed to include recreational, agricultural and commercial amenities. Mr. De Vries further explained that The Farm in Poway project includes
a community farm, 3.5 miles of publicly accessible bike trails, tot lot, dog park, a 4,243 square
foot event barn with a 1,000 square-foot outdoor patio, a 2,673 square-foot social cafe with a
2,200 square-foot patio for restaurants or beer or wine gardens, a 3,684 square-foot vivarium for butterfly observations, a 2,815 square-foot classroom with a 680 square foot patio for
educational activities, a 4,680 square-foot greenhouse for agricultural activities, a 1,000 square-foot office/maintenance building, and a 2,953 square-foot fitness club with a 916
square-foot patio, recreational courts, a swimming pool, fitness equipment, and exercise
classes. He added that all structures would be limited to two-story no more than 35 feet in height. In addition, he added that the project proposes traffic and street improvements and
connectivity such as widening Espola Road by three feet to accommodate bike paths,
improved signalized intersection at Martincoit Road and Espola Road, removal of overhead utilities fronting the project on Espola Road, bus stop improvements for route 945A, and
enhanced connectivity features to Chaparral Elementary School. Mr. De Vries explained that the maintenance and operation of the community would be financed through a Master Community Association (MCA) funded entirely by the project.
Mr. De Vries added that five neighborhood meetings were conducted, and some concerns expressed included traffic, noise, impacts on views from lighting and development, school
capacity, public access, maintenance of existing conditions and fire risk, property fencing,
preservation of proposed open space areas and density. He explained that potential impacts will be mitigated to a level of insignificance and that mitigation measures include intersection improvements, tree replacements, noise monitoring, in-lieu fees and event restrictions.
6 of 12 July 21, 2020, Item #1
City of Poway -Minutes -June 16, 2020
Additionally, Mr. De Vries concluded that the Resolution adopting General Plan Amendment
19-001, Attachment B, Page 16, Section 4 of the staff report is being amended to includelanguage that the General Plan land use designation is also being amended along with the
zone and should read as follows:
SECTION 4: The City Council hereby approves GPS 19-001, "amending the
General Plan land use designation of the project site from OS-R to PC-9, and" ...
Applicant Kevin McNamara, representing McNamara Investments, gave a brief overview of
the Farm in Poway project and introduced partner Erin McKinley.
Erin McKinley presented a slideshow presentation that represents the culmination of over two
years of planning for The Farm in Poway project. Ms. McKinley highlighted the current property conditions and the proposed plan to provide privately maintained amenities to the
Poway community.
Ms. McKinley introduced Dan Allen, CEO of Farmscape. Mr. Allen spoke regarding the design
and features of the proposed community farm.
The following speakers, via email, sent in correspondence in support of the project: Luis
Bernal, Ted Reynolds, Carl and Cheri Rossi, Jason and Kerry Spark, Cassandra Jordan, Mike Leland and Steven Stone, representing the Green Valley Civic Association.
The following speakers, via email, sent in correspondence in opposition to the project: Carole W, Keith Sato, Pat and Don Rowean, Chris Prine, Chad Sixt, Phil Maiorca, Bob Shutter and
Dean Lycas.
The following speakers, via teleconference, spoke in support of the project: John Couvrette,
Joyce Petersen, Mike Firenze, Phil Factor, Mike Leland, Brian Pepin, Steven Stone, Pete Babich, Peter De Hoff, Jonathan Smith and Susan Basinger.
The following speakers, via teleconference, spoke in opposition to the project: Mark Betteker, Heather Jalisi, Yuri Bohlen and Drew (no last name provided).
Mayor closed the public hearing at 8: 10 p.m.
Council discussion ensued in support of The Farm in Poway project highlighting the open space, community benefits and public improvements proposed by the applicant. Additionally,
Council highlighted that the project will contribute to an increase in tax revenues for the City.
Council thanked City staff and the applicant for the time and effort spent developing the proposal and communicating with the public.
In response to Council inquiry, Mr. De Vries explained that the applicant is responsible for
funding the proposed public street improvements including upgrades to the nearby bus stop. He further explained that the applicant has made modifications to the original proposal in
response to resident concerns such as prohibiting second story balconies in a specific area that would overlook the existing backyards and prohibiting beekeeping outlined in the Specific
Plan. Mr. De Vries confirmed that if a future increase in density or non-residential intensity is
ever proposed it would require voter approval. In addition, he added that the project contains deed restrictions restricting future development of the open space.
7 of 12 July 21, 2020, Item #1
City of Poway -Minutes -June 16, 2020
In response to Council inquiry, Director of Finance Aaron Beanan explained the methodology used to calculate projected sales tax revenues and confirmed that staff estimates
approximately $100,000 annually in sales tax revenues for the City as a result of the
development.
In response to Council inquiry, Fire Chief Jon Canavan confirmed that the project complies with City fire standards and that the project contains a fire fuel management plan and
defensible space.
In response to Council inquiry, Director of Development Services Bob Manis responded that
The Farm in Poway Specific Plan is specific to this project and sets the policy and regulatory
framework for development of the project site.
In response to Council inquiry, City Attorney Alan Fenstermacher explained that, as opposed
to a citizen's initiative petition through signature gathering, the applicant has gone through the full project review process first and is submitting the final project for approval by Council. Mr.
Fenstermacher added that, if approved by Council, the Council will vote to place the measure on the ballot included on the agenda as Item No. 21. He noted that the Council may take a position to support the project similarly to any other project not subject to a Prop FF vote.
As requested by the Mayor, City Clerk Medina titled the Ordinances.
Motioned by Councilmember Leonard, seconded by Councilmember Mullin to adopt Resolution No. 20-050 entitled "A Resolution of the City Council of the City of Poway,
California, Certifying an Environmental Impact Report (EA) 19-001 and Adopting Findings Pursuant to the California Environmental Quality Act for the Farm in Poway
Specific Plan (SPP) 18-001 including the Subdivision of 117 Acres of Land and the
Construction of up to 160 Homes with Recreational, Agricultural, and Commercial Amenities; Assessor's Parcel Numbers 273-110-07-00, 273-110-08-00 and 273-110-18-
00"; Resolution No. 20-051 entitled "A Resolution of the City Council of the City of Poway, California, Amending the City's General Plan for the Farm in Poway Specific
Plan (SPP 18-001) (General Plan Amendment (GPA) 19-001 ); Assessor's Parcel
Numbers 273-110-07-00, 273-110-08-00 and 273-110-18-00"; and Resolution No. 20-052 entitled "A Resolution of the City Council of the City of Poway, California, Approving
Tentative Tract Map 19-002, Development Review 19-001, and Conditional Use Permit
19-005 for the Farm in Poway Specific Plan SPP 18-001; Assessor's Parcel Numbers273-110-07-00, 273-110-08-00 and 273-110-18-00". Motion carried unanimously.
Motioned by Councilmernber Leonard, seconded by Councilmember Mullin to introduce Ordinance No. 842 entitled "An Ordinance of the City Council of the City of
Poway, California, Approving the Farm in Poway Specific Plan (SPP) 18-001;
Assessor's Parcel Numbers 273-110-07-00, 273-110-08-00 and 273-110-18-00." Motion carried by the following roll-call vote:
Ayes: Noes:
Abstained:
Absent: Disqualified:
8 of 12
Mullin, Leonard, Grosch, Frank, Vaus None
None
None None
July 21, 2020, Item #1
City of Poway -Minutes -June 16, 2020
Motioned by Councilmember Leonard, seconded by Councilmember Mullin to
introduce Ordinance No. 843 entitled "An Ordinance of the City Council of the City of
Poway, California, Amending the City's Zoning and General Plan Land Use Map, Changing the Zoning and General Plan Land Use Designations from Open Space
Recreation (OS-R) to the Farm in Poway Planned Community (PC-9) with Related
Amendments to the Poway Municipal Code for the Farm in Poway Specific Plan (SPP) 18-001 (Zone Change 19-001 and Zoning Ordinance Amendment 20-001 ); Assessor's
Parcel Numbers 273-110-07-00, 273-110-08-00 and 273-110-18-00." Motion carried by
the following roll-call vote:
Ayes: Noes:
Abstained:
Absent: Disqualified:
Mullin, Leonard, Grosch, Frank, Vaus None None
None None
Mayor moved Item #21 forward as it correlates to Item #19.
STAFF REPORTS
21.Consideration of Placing a Measure on the November 3, 2020 General Municipal Election
Ballot which would Amend the General Plan and Zoning Code to Allow Development of up to160 Dwelling Units and At Least 70.4 Acres of Permanent Open Space on Approximately117 .2 Acres through The Farm in Poway Specific Plan at the Former StoneRidge Country
Club; Direct the City Attorney to Prepare an Impartial Analysis; Adopt Resolutions Authorizingthe City Council to File Written Arguments; and Provide for Filing of Rebuttal Arguments
City Attorney Alan Fenstermacher presented the report. Mr. Fenstermacher explained that, in
accordance with Proposition FF, in order for the entitlements in the staff report for Item No.
19 to become effective, the measure would need to be placed on the ballot for the November3, 2020 General Municipal Election to obtain voter approval.
The following speakers, via email, sent in correspondence in opposition to placing themeasure on the ballot, and rather, in support of a signature gathering initiative process: Bob
Shutter, Brian Edmonston and Pat and Don Rowean.
Robert Shutter, via teleconference, spoke in opposition to placing the measure on the ballot,
and feels that the applicant should go through a signature gathering process.
Mark Becker, via teleconference, spoke in opposition to The Farms project.
Mike Leland, representing the Poway Chamber of Commerce, spoke in support of The Farms
project and placing the measure on the ballot.
Council discussion ensued in support of placing the measure on the ballot for the November
3, 2020 General Municipal Election for voter approval of The Farms in Poway project.
Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No.
20-056 entitled "A Resolution of the City Council of the City of Poway, California,
Ordering the Submission to the Qualified Electors of the City of Poway A CertainMeasure Relating to the Farm in Poway Specific Plan Project on the General Election
9 of 12 July 21, 2020, Item #1
City of Poway -Minutes -June 16, 2020
to be held on Tuesday, November 3, 2020;" Resolution No. 20-057 entitled "A Resolution of the City Council of the City of Poway, California, Setting Priorities for
Filing Written Arguments Regarding a City Measure Pertaining to the Farm in Poway
Specific Plan Project and Directing the City Attorney to prepare an Impartial Analysis;" and Resolution No. 20-058 entitled "A Resolution of the City Council of the City of
Poway, California, Setting Priorities for Filing of Rebuttal Arguments Regarding a City Measure Pertaining to the Farm in Poway Specific Plan Project that will be submitted
at the November 3, 2020 General Municipal Election." Motion carried unanimously.
PUBLIC HEARINGS continued
20.Proposed Fiscal Year 2020-21 Operating Budget and Capital Improvement Program
Mayor opened the public hearing at 9:00 p.m.
Director of Finance Aaron Beanan presented the report along with a slideshow presentation. Mr. Beanan provided an overview of the annual budget explaining the City's retrenchment process due to the COVID-19 economic shutdown. Mr. Beanan explained that for FY 2020-
21, staff is predicting a moderate "V" recession scenario in which the economy suffers a sharp,
but brief, period of economic decline followed by a strong recovery. He added that as a result of the economic projections, staff identified expenditure retrenchment techniques that do not
threaten health and safety, reduce service levels, or eliminate existing staff as a strategy to
mitigate the impacts from the COVID-19 pandemic. He noted that, in addition, the General Fund received approximately $3 million in one-time funds related to The Poway Commons
project that will likely result in a General Fund surplus for FY 2019-20. In addition, Mr. Beanan added that staff is recommending using $1.5 million from the General Fund Revenue Volatility
Reserve to stabilize anticipated shortfalls in revenue categories such as sales taxes and
property taxes.
City Engineer Melody Rocco followed with a report and slideshow presentation regarding an overview of the current and upcoming Capital Improvement Projects planned for Fiscal Year 2020-21. Ms. Rocco explained that staff identified six CIP projects totaling $1.8 million that
could be deferred to preserve cash and increase liquidity to help the City weather a recession.
Budget Review Committee Chair Brian Pepin presented the Committee's report and
discussed their recommendations for the Fiscal Year 2020-21 proposed financial program along with a slideshow presentation. Mr. Pepin thanked City staff for their efforts to address
the impact of the Coronavirus pandemic and expressed the Committee's support for the
proposed recommendations. Additionally, Mr. Pepin highlighted future concerns regarding personnel costs, unfunded state mandates and the ongoing costs associated with the
ownership and maintenance of the Poway Center for the Performing Arts.
The following speakers, via email, sent in correspondence regarding support for the City
owning and operating the Poway Center for the Performing Arts (PCPA): Dana Hamson,
Kathie Urban, Amy Thompson and Michael Rennie, representing Poway OnStage.
The following speakers, via teleconference, spoke in support of the City maintaining
ownership and operation of the Poway Center for the Performing Arts: Michael Rennie, representing Poway OnStage, Amy Thompson and Janet Lettang. Peter De Hoff, via teleconference, spoke in support of the proposed budget and thanked the
City for the opportunity to be a member of the Budget Review Committee.
10 of 12 July 21, 2020, Item #1
City of Poway -Minutes -June 16, 2020
Mayor closed the public hearing at 9:49 p.m.
Council discussion included support for the law enforcement services provided by the San Diego County Sheriff's Department and shared concerns for the ongoing costs and
maintenance of the Poway Center for the Performing Arts.
In response to Council inquiry, Mr. Beanan explained that staff's projections for lower property
taxes factored in a higher delinquency rate based off of data received from the County, and further explained that the City would eventually be reimbursed even if foreclosures occur. In addition, Mr. Beanan clarified that the City participates in a pooled insurance plan and that the
City's insurance costs will be increasing by approximately $160,000 for FY 2020-21.
In response to Council inquiry regarding the Espola Road Safety Improvements Project, Ms.
Rocco explained that SDG&E is moving forward with planned outages for 20A, Underground Utility District No. 67, which is scheduled to occur in mid-July. Ms. Rocco noted that SDG&E
is currently in negotiations with property owners to obtain easements in 208. Ms. Rocco further explained that staff is in constant communication with SDG&E and is working with SDG&E's Project Manager Alicia Beskid on the project.
In response to Council inquiry, Mr. Beanan clarified that the City entered into a 5-year contract with the County for law enforcement services in 2017 and the increase for the fourth year of
the contract is five percent.
Council expressed appreciation for the Committee's efforts and thanked staff for their work on presenting a balanced budget while maintaining service levels. Additionally, Council
expressed gratitude towards staff for managing increased workloads due to un-filling vacant
positions during these uncertain times.
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 20-053 entitled "A Resolution of the City Council of the City of Poway, California,Authorizing the Execution of a Two-Year Memorandum of Understanding Between the
City of Poway and the Poway Firefighters' Association for the period of July 1, 2019through June 30, 2021 "; Resolution No. 20-054 entitled "A Resolution of the City
Council, Housing Authority and Successor Agency of the City of Poway, California,
Approving and Adopting the Annual Operating Budget and Capital ImprovementProgram for the Fiscal Year 2020-21 and Appropriating Funds"; and Resolution No. 20-
055 entitled "A Resolution of the City Council of the City of Poway, California, Adopting
an Appropriations Limit as required by Article XIIIB of the California Constitution forFiscal Year Ending June 30, 2021."
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C.
53232(d))
11 of 12 July 21, 2020, Item #1
City of Poway -Minutes -June 16, 2020
The Mayor and Council made announcements and reported on various events taking place in the City. No action was taken.
Councilmember Mullin announced that he attended the recent meetings of the Metro Wastewater JPA and JPA Finance Committee, however, no reportable action was taken.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
None.
ADJOURNMENT
The meeting adjourned at 10:18 p.m.
12 of 12
Carrie Gallagher, CMC
Interim City Clerk City of Poway, California
July 21, 2020, Item #1
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
July 21, 2020
Honorable Mayor and Members of the City Council
Jon M. Canavan, Fire Chief®
Jon M. Canavan, Fire Chief
(858)668-4461 or jcanavan@poway.org
CITY COUNCIL
Resolution to Continue the Existence of a Local Emergency Within the City of
Poway Due to the Novel Coronavirus (COVI D-19) Global Pandemic
The Novel Coronavirus (COVID-19) global pandemic continues to cause unprecedented impacts on all
economic and social segments of the United States. Federal, state, and county directives, mandates
and orders to prevent, control and manage the spread of COVID-19 have, and continue to, impact
Poway residents, businesses and visitors. On March 18, 2020, the City Council approved a resolution
proclaiming a local emergency. The adopted resolution requires the City Council to either continue
the emergency action or declare the emergency ended at each regular meeting.
Recommended Action:
It is recommended that the City Council approve a resolution continuing the Proclamation of Local
Emergency authorizing the City Manager to take necessary actions to protect the public and welfare
of the City from the serious and imminent threat of COVID-19. This action requires a four-fifths (4/5)
vote of the City Council.
Discussion:
The COVID-19 global pandemic continues to impact business, education, healthcare, military, and
social segments of the United States. COVI D-19 has resulted in a swift economic slowdown and high
unemployment rates. Federal, state, and county directives, mandates, orders and guidelines have
been issued to prevent, control and manage the spread of COVID-19. While efforts are focused on re
opening the economy and relaxing restrictions, impact on Poway residents, businesses and visitors
continues. In response to the COVID-19 global pandemic, and its impact on Poway, the City Manager,
serving as Director of Emergency Services for the City of Poway, proclaimed a local emergency on
March 13, 2020. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the
City Manager's Proclamation of Local Emergency. On April 7, April 21, May 5, May 19, June 2, June 16,
and July 7, 2020, the City Council approved to continue the emergency action. The adopted resolution
requires the City Council to either continue the emergency action or declare the emergency ended at
each regular meeting.
1 of 6 July 21, 2020, Item #2
July 21, 2020, Item #2Environmental Review: This action is not subject to CEQA review. Fiscal Impact: As of June 29, 2020, City costs to respond to COVI D-19 are estimated at $324,381. The total fiscal impact is unknown at this time. Per the City Council adopted General Fund Reserve policy, the City maintains a General Fund Reserve of 45 percent of the budgeted annual General Fund operating expenditures, or $20,961,853 as of June 30, 2019. Within that 45 percent, $13,974,863 is set aside for Extreme Events/Public Safety. Based upon the City's reserve policy, there are adequate reserves to cover the costs to respond to this health emergency. Further, staff believes some of the costs are recoverable under State and Federal Disaster programs. Amounts recovered under these programs will be used to replenish the General Fund reserve. Pursuant to the reserve policy, staff will return with a plan to replenish any General Fund reserves not replenished under a State or Federal Disaster program. Staff will recommend applicable budget adjustments prior to the completion of the current fiscal year. In addition to using reserves to respond to COVI D-19, on April 16, 2020, the City Council approved $2,000,000 to fund the Poway Emergency Assistance Recovery Loan (PEARL) program for small businesses. The PEARL program's goal is to offer financial assistance to small businesses located in Poway by complementing existing state and federal loan programs and to provide a financial bridge to businesses to survive the current emergency. The PEARL program funding of $2,000,000 represents approximately 14 percent of the Extreme Events/Public Safety reserve discussed above and provides loans of up to $50,000 to eligible business. As of June 30, 2020, staff has received 77 applications requesting $2,762,326 in loans. Based on staff's review, 35 loans totaling $1,385,326 have been approved. Staff has requested additional information from seven applicants in order to determine their eligibility for the program. Twenty-three loan requests were denied, and 12 businesses have chosen to withdraw their applications. The reasons cited for withdrawing an application has varied from businesses having received funding from other sources, businesses are doing better after re-opening, and others that felt the application process was too burdensome or complicated. One loan of $50,000 for a medical provider has been repaid. The reserve fund will be replenished from the repayment of PEARL loans over a three-year period following the end of the local COVID-19 emergency. This period falls within the General Fund Reserve Policy's direction to fully replenish reserves within five years of use. Public Notification: None. 2 of 6
July 21, 2020, Item #2Attachments: A. Resolution B. Proclamation of Local Emergency Reviewed/ Approved By: serman City Manager 3 of6 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chrii~ City Manager
July 21, 2020, Item #2RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING THE CONTINUED EXISTENCE OF AN EMERGENCY WITHIN THE CITY DUE TO THE NOVEL CORONAVIRUS (COVID-19) GLOBAL PANDEMIC WHEREAS, the Novel Coronavirus (COVID-19) global pandemic in the City of Poway, commencing on or about January 24, 2020 that creates a threat to public health and safety; WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section 2.12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by a public calamity, and the City Council is not in session; WHEREAS, on March 13, 2020, the City Manager, acting pursuant to Government Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based on conditions of extreme peril to the health and safety of persons caused by the Novel Coronavirus (COVID-19) global pandemic; WHEREAS, on March 18, 2020, the City Council, acting pursuant to Government Code section 8630 and PMC section 2.12.065, ratified the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, shall review the need for a continuing emergency declaration at regularly scheduled meetings at least every 21 days until the emergency is terminated; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, approved extending the emergency declaration during regularly scheduled meetings on April 7, April 21, May 5, May 19, June 2, June 16, and July 7, 2020; WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050; WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and WHEREAS, such the Novel Coronavirus (COVID-19) global pandemic constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or property. 4of6 ATTACHMENT A
July 21, 2020, Item #2Resolution No. 20-Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVI D-19) global pandemic; and (a) The continuing threat of the Novel Coronavirus (COVID-19) global pandemic requires that the City be able to expend public money in order to safeguard life, health, or property; (b) The City Manager, as the City's Personnel Officer, is authorized to take actions necessary to alter employee leave policies and ensure a safe and healthy workforce; (c) The City Manager is authorized to safeguard life, health, or property without complying with notice or bidding procedures; and (d) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regular meeting, at which time the City Council shall either continue the emergency action or declare the emergency ended. SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of July, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, Interim City Clerk 5 of6
July 21, 2020, Item #2PROCLAMATION OF LOCAL EMERGENCY WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by the Novel Coronavirus (COVID-19) commencing on January 24, 2020; WHEREAS, that the City Council of the City of Poway is not in session and cannot immediately be called into session; and WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council Within seven days of being issued. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of Poway, that a local emergency now exists throughout the City and that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; and IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Director of the Governor's Office of Emergency Services with a request that; 1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the Natural Disaster Assistance Act; and 2. The State Director forward this Proclamation, and request for a State Proclamation and Presidential Declaration of Emergency, to the Governor of California for consideration and action. PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway this 13th day of March 2020. Director of Emergency Services 6of6 ATTACHMENT B
July 20, 2020, Item #3DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway July 21, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services {AA Jeff Beers, Special Projects Engineer (858) 668-4624 or jbeers@poway.org CITY COUNCIL Award of Contract to Parron Hall for the Mickey Cafagna Community Center Office Furniture Vendor; RFP No. 20-021 Construction of the Mickey Cafagna Community Center project requires replacement of office furniture for City staff in the office area of the new project. The purchase and installation of office furniture is normally completed as a separate contract that is coordinated with the building construction prior to staff moving into the new facility. The project was advertised as a Request for Proposal (RFP) and not a public works contract as allowed by the Public Contract Code due to the variable options offered by the industry that affect the quality and cost of the product. With the RFP process, City Staff has the opportunity to select the furniture vendor that offers the most value and options for the best price. Recommended Action: It is recommended that the City Council award the contract for the Mickey Cafagna Community Center Office Furniture Vendor to Parron Hall, the lowest responsible and responsive bidder, in the amount of $115,926.53. Discussion: The City advertises all RFPs on Ebidboard. Ebidboard is a comprehensive database for public works projects that is used by many local agencies. Advertisements in a newspaper are not required for RFPs. The City received two proposals which were opened on May 28, 2020. Proposals were received from Parron Hall and BKM Office Environments. Parron Hall's proposal was complete in scope as described in the RFP in describing all the components and accessories for the office furniture, work room tables and cabinetry, and staff cubicles for the Mickey Cafagna Community Center Project. BKM Office Environments submitted an incomplete scope of work. The selection of Parron Hall was based on the ability of the team to complete the project within the 1 of 18
July 20, 2020, Item #3project schedule, their understanding of the scope of work, prior experience with projects of similar types, qualifications of the key personnel, and the quality of the products provided. Environmental Review: The City Council's action of awarding a contract to a furniture vendor is not subject to the California Environmental Quality Act. Fiscal Impact: There is sufficient funding available in the Mickey Cafagna Community Center Project account (BDG0001) to award the contract. Public Notification: None. Attachments: A. Standard Agreement for Consultant Services with Parron Hall including the Scope of Work and Fee Schedule Reviewed/ Approved By: Wend/ ..Kaserman Assistant City Manager 2 of 18 Reviewed By: Alan Fenstermacher City Attorney App roved By: City Manager
July 20, 2020, Item #3City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 22nd day of July, 2020, by and between the CITY OF POWAY (hereinafter referred to as "City") and PARRON HALL CORPORATION (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform office furniture installation services for the Mickey Cafagna Community Center (Project); and WHEREAS, Consultant is a contract office furniture consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. 3 of 18 ATTACHMENT A
July 20, 2020, Item #3City 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 of 18 2
July 20, 2020, Item #3"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: [gJ 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. Robert J. Manis, Director of Development Services 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 of 18 3
July 20, 2020, Item #3years 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 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 of 18 4
July 20, 2020, Item #3(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. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained,· or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 18 5
July 20, 2020, Item #3Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. 8 of 18 6
July 20, 2020, Item #3Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 9 of 18 7
July 20, 2020, Item #3IN 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: Faviola Medina, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 10 of 18 PARRON HALL CORPORATION 8 By:------------Jim Herr, President Date: ___________ _
July 20, 2020, Item #3"SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the office furniture installation services further described in the Scope of Services submitted with the proposals dated May 28, 2020, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated May 28, 2020, which are included in this document as Attachment 2. Total fee is not to exceed $115,926.53. 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. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall commence and be effective as of July 22, 2020 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upo11 the 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. 11 of 18 1
July 20, 2020, Item #3(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. (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 18 2 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Parron Hall Corporation 9655 Granite Ridge Drive Ste. 100 San Diego, CA 92123
July 20, 2020, Item #3EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 13 of 18 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with
July 20, 2020, Item #3Cal 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 of 18 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)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
July 20, 2020, Item #3Cal 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 (t) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System Il who is assigned to _serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (t)(l) and (t)(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 (t)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 15 of 18 3
July 20, 2020, Item #3-' 0\
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Project Management Process
Attend client planning and/or construction meetings
Verify site access requirements and readiness of interior space
Confirm staging, storage and installation areas. Coordinate and confirm delivery
schedule with the entire team
On-site management during entire installation, coordinating with the installation
crew site supervisor
Fully integrated coordination with electrical contractor to optimize size of power
feeds and cabling vendor to ensure continuous synchronized flow of work.
Ouality control to ensure product is installed per manfacturer's
specifications,adheres to approved plans, and power outlets and task lights are
fully functioning
Create scheduled timelines to guarantee project completion by proposed
completion date
Conduct field measures prior to installation
PAR RON HALL
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Upon award, our project management team will
upload your schedule into our project Schedule
software so we are there to hit all necessary
checkpoints along the way.
PARRON HALL
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July 20, 2020, Item #3....ll,
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PARRON HALL
Loatlonj_
Mickey Cafapia Community Center Prlcl"ls
Desert~" rnrv1 UnitPrice l Erttnded w-.. -
4 Pllck Workstlltions: 2 U•shaped 6' x 8' desks with 2 rolling u.binets, 30in
Systems Furniture J deep main surface; 2 U-shaped 6' .IC 10' Desks with 2 rollin1 cllbinets, 1 -65' I 1 I S 14,530.741 S 14,530.74
Systems Furniture
Nestinghbles
Stor;1geC.abinets
Wire Shelving
Nestinglilbles
Storage Cabinets
Wire Shelving
O\lerheadCabinets{lockin&)withLEDunderti1hts,3duplexesperstation
HonlgnitionWortChair,withPneumaticSynchronizedTilt.SeatGlide,Bllck
,1djustment, heit:ht iind width adjustable arms, ml!Sh back 1rade 2 upholstery
4 Piid Worhtlltions: 2 U-shaped 6' x 8' desh with 2 rollin, cabinets, 30in
deep main surface; 2 U-shaped 6' x 10' Desks with 2 rolling Cilbinets, 1-65'
O\lerheadUbinets(locking)withlEOunderllghts,3duplexespers.tation
Honi,nitionWortCh;1ir,withPneum;1ticSynchronizedTilt.Se;1tGlide,8;1ck
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HonlgnltionWorkChilir,withPneum;1ticSynchronlzedT1lt,Se;1tGlide,B.tck
itdjust~nt,height;1ndwidth;1djust;1ble;1rms,meshbi1ckgude2upholstery
HonlgnitionSled8ueguestChairwithfiJledarm,nylonglides;1ndgr;1de2
upholstery
U-shap1:dd1:skwith36"Maindesksurface,66"overh1:;1dstori1f!ewith
tackboardi1ndLEDlightunderne,ath,2RoNingCabinets
HonlgnitionWortCh.iiir,withPneum.aticSynchronizedTiltSe.iitGlide,B;1ck
itdjustment,heightandwidthadjust.iible.iirms,meshb.ackgrade2upholstery
HonlgnitionSled8;1seguestCh;1irwithfix.ed;1rm,nylonglidesandgr.ade2
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w...,_ .. _
60"x30"lilmin;1teNestin1hblewithlock.ableC.asters
34" Wide Cabinet units with uppers .and lower,; lower, ilre 30" deep, bottom
cabinetadjustableshelf,Uppersare20"Deep,ildjust;1bleshelfc;1binet.
24"Jl48"Wire5helvingUnit
60"x30"L.amin.ateNestingT.ablewlthlockableC.asters
34" Wide Cabinet units with uppers and lowers; lowers .are 30" deep, bottom
cabinet adjustable shelf, Uppers .are 20" Deep, ildjust.ableshelfcablnet
24"Jl48"WireShelvingUnit --
• IS 413.30IS 1,653.20
1 IS 14,530.741S 14,530.74
• IS 413.30IS 1,6S3.20
$ ........ I$ 32,367.U
1 IS 2.574.33IS 2,574.33
1 IS 413.301$
2 IS 23443IS
1 IS 2.574.33IS 2,574.33
1 ts 413.30IS
2 IS 234.43IS
$ 3,66 ... !$ 6,9U.OI
• IS 445.32IS 1,781.28
7 IS 2.606.83I S 18,261.83
3 IS 222.43IS 667.29
4 IS 445.321$ 1.1s1.2s
s IS 2,608.831$ 20,870.64
3 IS 222.431$
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July 21, 2020, Item #4AGENDA RE PO RT City of Poway DATE: TO: FROM: CONTACT: July 21, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services '1A Brian Banzuelo, Associate Civil Engineer ~ (858) 668-4623 or bbanzuelo@poway.org CITY COUNCIL SUBJECT: Award of Contract to Tri-Group Construction and Development, Inc. for the 2019-20 Corrugated Metal Pipe Annual Repair/Replace Project; Bid No. 20-012 Summary: The City annually budgets for Corrugated Metal Pipe (CMP) repair and replacement projects. Staff has identified various CMPs throughout the City that are in need of repair. This project will repair CMPs and repair storm drain structures at the following six locations: 1) Poway Road between Ridgedale Drive and Silver Lake Drive 2) Espola Road north of El Delora Way 3) Belvedere Drive west of Tierra Bonita Road 4) Donart Drive east of Tierra Bonita Road 5) Wanesta Drive south of Arikara Drive 6) Indian Trail Road east of Bennye Lee Drive Repairs will be performed within the right-of-way and on private property within City easements. These CMPs are beyond the capacity of City drainage crews to repair. Recommended Action: It is recommended that the City Council award the contract for the 2019-20 Corrugated Metal Pipe Annual Repair/Replace Project to Tri-Group Construction and Development, Inc., the lowest responsible and responsive bidder, in the amount of $376,130.00 for the base bid and $20,300 for Additive Alternate No. 1, for a total amount of $396,430.00. Discussion: The contract time for this project is 60 working days with an Engineer's Estimate of $430,000. Bids were opened on June 29, 2020. The lowest bid was determined by combining the total amount of the Base Bid Items plus all Additive Alternate Items. The following four bids were received: 1 of 11
July 21, 2020, Item #4Base Bid Additive Additive Total Bid Company Amount Alternate No. Alternate No. Amount 1 2 Tri-Group Construction and $376,130 $20,300 $27,545 $423,975 Development, Inc. Nuline Technologies, LLC $392,564 $54,600 $32,836 $480,000 Sancen Technologies, Inc. $463,326 $71,560 $46,274 $581,160 Piperin Corporation $550,050 $51,600 $44,640 $646,290 After the lowest bid was determined, Additive Alternate No. 2 was removed from the project to ensure sufficient funds are available for the project plus construction contingencies. Environmental Review: The repair of these CMPs is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that it pertains to maintenance of existing storm drain facilities. Fiscal Impact: Funding in the amount of $447,468.70 is available in the Corrugated Metal Pipe Replace/Repair project account (DRN0001) for the award of this contract. Public Notification: None. Attachments: A. Contract Reviewed/ Approved By: Wendy 'iiaserman Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
July 21, 2020, Item #4SECTION 8 CONSTRUCTION CONTRACT CITY OF POWAY 2019-2020 CORRUGATED METAL PIPE ANNUAL REPAIR/REPLACE PROJECT This Contract made and entered into this 22nd day of July 2020, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Tri-Group Construction and Development, 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. 3 of 11 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: This project includes the rehabilitation and replacement of existing corrugated metal drainage pipes (CMPs) with the cured-in-place (CIPP) trenchless lining process and reinforced concrete pipe (RCP). Lining will include approximately 362 total linear feet of existing pipe. The work will include, but is not limited to, the following: cleaning storm drain pipes and structures, CCTV pipe inspection and video work, CIPP trenchless lining, replacement of CMP storm drain, storm drain structure repair and installation, traffic control and all related and necessary work as defined in the contract documents. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, ATTACHMENT A 1
July 21, 2020, Item #4the work hereinafter set forth in accordance with the Contract adopted by the City Council. 5. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $396,430.00 the "Contract Price." 6. 7. 8. 9. 10. 11. 4 of 11 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 Sixty (60) 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: Five Hundred Dollars ($500) per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code § 1773.1. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and§ 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each 2
July 21, 2020, Item #4calendar week by each worker employed by him in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code § 1813. 12. Contractor will comply with the provisions of Labor Code § 1777 .5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13. Contractor, by executing this Contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion of 5 of 11 performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. 3
July 21, 2020, Item #416. 6 of 11 c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same. Worker's Compensation Insurance: o Contractor has no employees and is exempt from workers' compensation requirements. o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings. e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of 4
July 21, 2020, Item #4performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits. e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors. 17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 18. 7 of 11 officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. 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. 5
July 21, 2020, Item #419. 20. 21. 22. 23. 24. 25. 26. 27. 8 of 11 The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made with a reasonable time after completion of the work. 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. 6
July 21, 2020, Item #428. 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 31. 32. 9 of 11 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 take, 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. This Contract is to be governed by the laws of the State of California. 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. 7
July 21, 2020, Item #4City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank) 10 of 11 8
July 21, 2020, Item #4IN WITNESS WHEREOF, the said Contractor and the Director of Public Works, City Manager Mayor and City Clerk of the City 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: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP 11 of 11 CITY OF POWAY a Municipal Corporation City Manager of the City of Poway 9
July 21, 2020, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL July 21, 2020 Honorable Mayor and Members of the City Co~cil Eric Heidemann, Director of Public Works q + Will Wiley, Assistant Director of Public Works for Maintenance Operatio (858) 668-4705 or wwiley@poway.org Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 At the City Council meeting on June 16, 2020, Council adopted Resolution No. 20-039 declaring the intention to levy and collect assessments within Landscape Maintenance District (LMD) 83-1 and set the public hearing for July 21, 2020. In 2018, the City initiated proceedings to form a proposed Landscape Maintenance Districted (referred to as LMD 18-1) within the boundaries of the existing LMD 83-1. The Proposed District, LMD 18-1, would have added properties that previously were not assessed, established different benefit zones and increased the assessments currently imposed on properties in existing LMD 83-1. The Proposed District was balloted for an increase in assessments with annual cost indexing based on the annual San Diego Consumer Price Index (SD-CPI) not to exceed 3%. The Proposed District had a majority protest for the increase, and consequently, failed to pass the ballot. Zones A, Band C (residential and commercial) assessments are proposed to remain unchanged from the Fiscal Year 2019-20 rates. Service level reductions in Zones A, B and C were implemented during Fiscal Year 2018-19 to ensure District expenses did not exceed projected revenue. Zones A, B and C service levels are currently at level C and may be subject to further adjustment during Fiscal Year 2020-21 depending on frequency and magnitude of unplanned events. Recommended Action: It is recommended that the City Council adopt the Resolution. Discussion: LMD 83-1 was formed on June 14, 1983, to maintain landscape improvements required as conditions of approval for the various subdivisions included within the District boundaries. Each subdivision 1 of 5
July 21, 2020, Item #5and/or development listed below was required to annex into the District as a condition of property development either through the final map process or by Council Resolution. LMD 83-1 Zone A is comprised of the residential parcels within the following developments: TRACT PROJECT NAME TTMs 3495, 4113, 4191, 89-15 and TPM 89-18 TTM 3503 TTM 3533 TTM 3461 TTM 84-07 TTM 87-06 TTM 88-05 TTM 88-09 TPM 89-09 TPM 99-05 TTM 99-01 TTM 02-03 TPM 03-05 TTM 84-04R TTM 85-01 TTM 87-04 TTM 86-04 TTM 86-05 Rancho Arbolitos Adobe Ridge I and II The Colonies Casa Real, Unit 7 Woodland Hills Cicero-Pacific Gateway/La Manda Carmel Vista Cusick Spyglass Diroma Estates Lamagno Lamagna Country Creek Rancho Espola Park Village Midland Estates Community 16 Villas (Poway 16) LMD 83-1 Zone B is comprised of the following non-residential developments: TRACT PROJECT NAME TPM 86-03 CUP 92-05 Twin Peaks Plaza KinderCare Landscape Maintenance District 83-1 Zone C is comprised of the residential parcels within the following development: TRACT PROJECT NAME TTM 98-06 Kentfield Estates The Fiscal Year 2020-21 assessments for Zones A, (residential), B (commercial) and C (residential) are proposed to remain at the Fiscal Year 2019-20 rates of $118.48 per benefit unit per year ($9.87 per benefit unit per month), $235.75 per benefit unit per year ($19.65 per benefit unit per month) and $496.16 per benefit unit per year ($41.35 per benefit unit per month), respectively. The rates of assessment are based on the required revenues divided by the number of benefit units within each zone as outlined in the Fiscal Year 2020-21 Engineer's Report. The City Council's approved Fiscal Year 2020-21 Engineer's Report is on file in the Office of the City Clerk, 13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway, California. 2 of 5
July 21, 2020, Item #5Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Revenue generated from LMD 83-1A for assessments is $164,805.68, and an estimated amount of interest of $4,500.00. General Fund contributions are in the amount of $52,397.00. Revenue generated from LMD 83-1 B for assessments is $23,226.00, and an estimated amount of interest of $2,000.00. General Fund contributions are in the amount of $13,559.00. Revenue generated from LMD 83-1C for assessments is $12,900.16, and an estimated amount of interest of $1,220.00. General Fund contributions are in the amount of $2,821.00. Public Notification: Pursuant to SB 1977, Section 50078.6, all public notification requirements have been met. No responses have been received regarding the proposed assessments at the time this report was written. Attachments: A. Resolution Reviewed/ Approved By: Wendy; erman Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney App roved By: Ch~ City Manager
July 21, 2020, Item #5RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 83-1 TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2020-21 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County Property Tax Roll; WHEREAS, on July 21, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application; WHEREAS pursuant to the provisions of City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment Law being the "Landscape and Lighting Act of 1972" (being Part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 20-039 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Landscape Maintenance District 83-1, the Assessment Engineer to the City of Poway has submitted an Engineer's Report for the District as required by California Streets and Highways Code, Section 22565; WHEREAS, on June 16, 2020, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The Assessment Rates for three (3) zones are as follows: Zone A: Zone B: Zone C: $118.48 per benefit unit $235. 75 per benefit unit $496.16 per benefit unit SECTION 2: The sum of assessments to be collected on the Fiscal Year 2020-21 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zones A, B and C of Landscape Maintenance District 83-1 are as follows: Zone A: Zone B: Zone C: $164,805.68 $ 23,226.00 $ 12,900.16 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as $68,777.00. 4 of 5 ATTACHMENT A
July 21, 2020, Item #5Resolution No. 20-Page 2 SECTION 4: The City Clerk shall cause this Resolution to be published in the Poway News Chieftain, a newspaper of general circulation in the City of Poway. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of July, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of 5
July 21, 2020, Item #6DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL July 21, 2020 Honorable Mayor and Members of the City Coicil Eric Heidemann, Director of Public Works 1, Will Wiley, Assistant Director of Public Works for Maintenance Operatio~ / (858) 668-4705 or wwiley@poway.org " r Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 At the City Council meeting on June 16, 2020, Council adopted Resolution No. 20-040 declaring the intention to levy and collect assessments within Landscape Maintenance District (LMD) 86-1 and set the public hearing for July 21, 2020. In 2018, the City initiated proceedings to form a proposed Landscape Maintenance District (referred to as LMD 18-2) within the boundaries of the existing LMD 86-1. The Proposed District, LMD 18-2, would have added properties that previously were not assessed and established different benefit zones, and increased the assessments currently imposed on properties in the existing LMD 86-1. The Proposed District was balloted for an increase in assessments with annual cost indexing based on the annual San Diego Consumer Price Index (CPI) not to exceed 3%. The Proposed District had a majority protest for the increase, and consequently, failed to pass the ballot. The assessments for residential Zone A are proposed to remain unchanged from the Fiscal Year 2019-20 rates. Service level reductions to level B were implemented in Zone A during Fiscal Year 2018-19 to ensure District expenses did not exceed projected revenue. Zone A service levels will continue to be subject to further adjustment during Fiscal Year 2020-21 depending on frequency and magnitude of unplanned events. Within Zone A, the Green Valley Estates Homeowners Association currently has an agreement in place with the City to maintain the rights-of-way bordering the development along Lake Poway Road. Additionally, one non-residential parcel (which makes up Zone B with current service level A), also has an agreement in place with the City to maintain the landscape improvements along the corner of Espola Road and Twin Peaks Road. As such, these parcels will not be levied. Recommended Action: It is recommended that the City Council adopt the Resolution. 1 of 5
July 21, 2020, Item #6Discussion: LMD 86-1 was formed on June 12, 1986, to maintain the landscape improvements installed in conjunction with new subdivisions within the boundaries of the District. LMD 86-1, by Zone, includes the following developments: Zone A (954 residential parcels assessed) TRACT PROJECT NAME TTMs 4090R, 4091 R, 4092R, 4093R TTM 3545 TTM 4158 TTM 84-08 TTM 87-05 TTM 89-13 TTM 89-13R TTM 89-13R TTM 89-13R TTM 98-02 TTM 99-03 MDRA 98-71 MDRA 01-38 MDRA 05-59 MDRA 04-02 TTM 00-02 TTM 02-01 PM15384 (Par 1, 2, 3 and 4) MAP 15725 ROS 4063 TTM 86-01 MDRA 04-02 TTM 87-05 TTM 88-15 Bridlewood Piedmont Park Stone Canyon Ranch The Grove Serenata Old Coach Collection The Heritage, Phase I, Unit I The Heritage, Phase I, Unit Ill The Heritage, Phase I, Unit IV North Point Vision Homes Kennedy Family Trust Wells Trust Garczynski Sedehi/Fard Malone BBA Partners Custom Homes Milpitas-Fleming Associates Seaman Gregg Huntington Gate, I and II Sedehi/Fard Serenata Green Valley Estates (portion of Landscape Maintenance District maintained per agreement) Zone B (one parcel maintained by LDS Poway Chapel per agreement) TRACT PROJECT NAME DR89-19 LDS Poway Chapel The Fiscal Year 2020-21 assessments for Zone A (residential), is proposed to remain at the Fiscal Year 2019-20 rate of $243.04 per benefit unit per year ($20.25 per benefit unit per month). This rate of assessment is based on the required assessment revenues divided by the number of benefit units within Landscape Maintenance District 86-1A as outlined in the Fiscal Year 2020-21 Engineer's Report. Service level reductions were implemented in Zone A during Fiscal Year 2018-19 to ensure District expenses do not exceed projected revenue. Zone A service levels will continue to be subject to further adjustment during Fiscal Year 2020-21 depending on frequency and magnitude of unplanned events. 2 of 5
July 21, 2020, Item #6Notably, within Zone A, the Green Valley Estates Homeowners Association currently has an agreement in place with the City to maintain the rights-of-way bordering the development along Lake Poway Road. Therefore, an assessment will not be levied for these parcels. Zone B (non-residential) is comprised of a single property, The Church of Latter-Day Saints. The landscape improvements are being maintained by the parcel owner under the terms of an agreement with the City. Therefore, an assessment will not be levied for this zone. The City Council's approved Fiscal Year 2020-21 Engineer's Report is on file in the Office of the City Clerk, 13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway, California. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Revenue generated from Landscape Maintenance District 86-1A assessments is $231,860.16, and interest of an estimated amount of $3,140.00. General Fund contributions are in the amount of $49,512.00. Public Notification: Pursuant to SB 1977, Section 50078.6, all public notification requirements have been met. No responses have been received regarding the proposed assessments at the time this report was written. Attachments: A. Resolution Reviewed/ Approved By: Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: C is tine City Manager
July 21, 2020, Item #6RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 86-1 TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2020-21 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County Property Tax Roll; WHEREAS, on July 21, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application; WHEREAS pursuant to the provisions of City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment Law being the "Landscape and Lighting Act of 1972" (being Part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 20-040 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Landscape Maintenance District 86-1, the Assessment Engineer to the City of Poway has submitted an Engineer's Report for the District as required by California Streets and Highways Code, Section 22565; WHEREAS, on June 16, 2020, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The Assessment Rates is as follows: Zone A: $243.04 per benefit unit SECTION 2: The sum of assessments to be collected on the Fiscal Year 2020-21 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zones A, B and C of Landscape Maintenance District 86-1 are as follows: Zone A: $231,860.16 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as $49,512.00 SECTION 4: The City Clerk shall cause this Resolution to be published in the Poway News Chieftain, a newspaper of general circulation in the City of Poway. 4 of 5 ATTACHMENT A
July 21, 2020, Item #6Resolution No. 20-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of July 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of 5
July 21, 2020, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway CITY COUNCIL July 21, 2020 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works 1 \\" Will Wiley, Assistant Director of Public Works for Maintenance Operation~/ (858) 668-4705 or wwiley@poway.org ~y Resolution Establishing Assessments for Poway Landscape Maintenance District 86-2 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 At the City Council meeting on June 16, 2020, Council adopted Resolution No. 20-041 declaring the intention to levy and collect assessments within Landscape Maintenance District (LMD) 86-2 and set the public hearing for July 21, 2020. Assessments are proposed to remain unchanged from the Fiscal Year 2019-20 rates. In Zone A, where a Proposition 218 ballot to increase assessments failed, service level reductions were implemented during Fiscal Year 2009-10 to ensure District expenses did not exceed projected revenue. Zone A service level was reduced to level C and may be subject to further adjustment during Fiscal Year 2020-21 depending on frequency and magnitude of unplanned events. Zone B balances and revenues are projected to be sufficient to maintain service level A. Recommended Action: It is recommended that the City Council adopt the Resolution. Discussion: LMD 86-2 was formed on May 20, 1986, to maintain landscape improvements installed in conjunction with new subdivisions within the boundaries of the District. LMD 86-2, by Zone, includes the following developments: Zone A (110 residential parcels assessed) 1 of 5
July 21, 2020, Item #7TRACT PROJECT NAME TTM 4185R Sunrise Ranch TTM 87-12 Silver Ridge (aka Poway Villas) TTM 89-03 Eagle Pointe (aka La Paz Summit) TPM 97-15 Paradise Development TTM 89-05 Southern Hills (aka Poway Summit Estates) Zone B (residential developments) includes the following: TRACT PROJECT NAME TTM CUP 83-02 06-09 (M) Sycamore Creek Loma Cabrillo, LLC The Fiscal Year 2020-21 assessments for Zone A are proposed to remain at the Fiscal Year 2019-20 rates of $186.16 per benefit unit per year ($15.51 per benefit unit per month). Zone B assessments will increase to $316.10 per benefit unit per year ($26.34 per benefit unit per month) less than the maximum of $479.67. The rates of assessment are based on the required revenues divided by the number of benefit units within each Zone as outlined in the Fiscal Year 2020-21 Engineer's Report. Ballot actions for assessment increases in Zone A failed in 1998 and 2009. As a result, it was necessary to reduce service levels during Fiscal Year 2009-10 to ensure District expenses did not exceed projected revenue. Zone A service level was reduced to level C and may be subject to further adjustment during Fiscal Year 2020-21 depending on frequency and magnitude of unplanned events. It should be noted that the five-year budget and revenue projection indicates that it may be necessary to undertake a Proposition 218 process in Zone A to request an assessment increase to meet the District's service and capital requirements in future years. Total revenue in Zone B (assessments, the general fund contribution and interest) is anticipated to be insufficient to offset Zone B's projected expenses this fiscal year without increasing the assessments by the San Diego Consumer Price Index (CPI). Proposition 218 balloting passed in 1998 that allowed for an annual CPI increase, if necessary. Service levels are to remain the same because of the ability to adjust assessments by the CPI. Zone B properties participated in a community-based landscape renovation project in Fiscal Years 2011-12 and 2015-16 due to the neighborhood's desire to utilize a portion of their reserve funds to reinvest in their subdivision entry signage, irrigation and landscaping. The City Council's approved Fiscal Year 2020-21 Engineer's Report is on file in the Office of the City Clerk, 13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway, California. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Revenue generated from LMD 86-2A assessments is $20,477.60, and an estimated amount of interest of $650.00. General Fund contributions are in the amount of $3,435.00 Revenue generated from LMD 86-2B assessments is $53,104.50, and an estimated amount of interest of $500.00. General Fund contributions are in the amount of $3,084.00 2 of 5
July 21, 2020, Item #7Public Notification: Pursuant to SB 1977, Section 50078.6, all public notification requirements have been met. No responses have been received regarding the proposed assessments at the time this report was written. Attachments: A. Resolution Reviewed/Approved By: Wendy K(erman Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
July 21, 2020, Item #7RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 86-2 TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2020-21 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County Property Tax Roll; WHEREAS, on July 21, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application; WHEREAS pursuant to the provisions of City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment Law being the "Landscape and Lighting Act of 1972" (being Part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 20-041 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Landscape Maintenance District 86-2, the Assessment Engineer to the City of Poway has submitted an Engineer's Report for the District as required by California Streets and Highways Code, Section 22565; WHEREAS, on June 16, 2020, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The Assessment Rates for two (2) zones are as follows: Zone A: $186.16 per benefit unit Zone B: $316.10 per benefit unit SECTION 2: The sum of assessments to be collected on the Fiscal Year 2020-21 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zones A, B and C of LMD 86-2 are as follows: Zone A: $20,477.60 Zone B: $53,104.80 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as $6,553.00. SECTION 4: The City Clerk shall cause this Resolution to be published in the Poway News Chieftain, a newspaper of general circulation in the City of Poway. 4 of 5 ATTACHMENT A
July 21, 2020, Item #7Resolution No. 20-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of July, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher CMC, City Clerk 5 of 5
July 21, 2020, Item #8~ AGENDA REPORT City of Poway CITYCOU CIL DATE: TO: FROM: CONTACT: SUBJECT: Summary: July 21, 2020 Honorable Mayor and Members of the City Cou~il Eric Heidemann, Director of Public Works { / Will Wiley, Assistant Director of Public Works for Maintenance Operationj/ (858) 668-4705 or wwiley@poway.org Resolution Establishing Assessments for Poway Landscape Maintenance District 86-3 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 At the City Council meeting on June 16, 2020, Council adopted Resolution No. 20-042 declaring the intention to levy and collect assessments within Landscape Maintenance District (LMD) 86-3 and set the public hearing for July 21, 2020. Both commercial and residential assessments are proposed to remain unchanged from the Fiscal Year 2019-20 rates. Service level reductions were implemented in Zone A during Fiscal Year 2009-10 to ensure District expenses did not exceed projected revenue. Zone A service level was reduced to level C and may be subject to further adjustment during Fiscal Year 2020-21 depending on frequency and magnitude of unplanned events. Zone B balances and revenues are projected to be sufficient to remain at service level A. Recommended Action: It is recommended that the City Council adopt the Resolution. Discussion: LMD 86-3 was formed on May 20, 1986, to maintain landscape improvements installed in conjunction with new subdivisions within the boundaries of the District. LMD 86-3, by Zone, includes the following developments: Zone A (159 residential parcels assessed) TRACT PROJECT NAME TM 3994 The Pond 1 of 5
July 21, 2020, Item #8TTM TTM 88-03 94-02 Sycamore Springs Poway Oaks Zone B (16 non-residential parcels; 205.936 commercial units and two multi-residential, low-income housing apartments having 40.36 units) TRACT PROJECT NAME TPM TTM 90-04 90-05 Under Bldg. Permit DR 98-07/VAR 98-11 TPM 01-06 DR 05-05 Wal-Mart Creekside Plaza Stein Mart Plaza Poway Hyundai Hillside Village Apartments Solara Apartments Both commercial and residential assessments are proposed to remain unchanged from the Fiscal Year 2019-20 rates of $163.00 per benefit unit per year ($13.58 per benefit unit per month), and $75.31 per benefit unit per year ($6.28 per benefit unit per month), respectively. The rates of assessment are based on the required revenues divided by the number of benefit units within each Zone as outlined in the Fiscal Year 2020-21 Engineer's Report. A ballot for an assessment increase in Zone A failed in 1998. As a result, it was necessary to reduce service levels to ensure District expenses did not exceed projected revenue. Zone A service level was reduced to level C and may be subject to further adjustment during Fiscal Year 2020-21 depending on frequency and magnitude of unplanned events. The five-year budget and revenue projection indicate that it may be necessary to undertake a Proposition 218 ballot in Zone A to request an assessment increase to meet the District's service and capital requirements in future years. Total revenue in Zone B (assessments, the general fund contribution and interest) is anticipated to be insufficient to offset Zone B's projected expenses this fiscal year without u,se of district reserves. Service levels are to remain at level A because of a sufficient reserve fund balance. A Proposition 218 ballot passed in 1998 which allows for an annual San Diego Consumer Price Index (CPI) increase, if necessary. Since the reserve balance is healthy, application of the CPI increase this fiscal year is not required. The City Council's approved Fiscal Year 2020-21 Engineer's Report is on file in the Office of the City Clerk, 13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway, California. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Revenue generated from LMD 86-3A assessments is $25,917.00, and an estimated amount of interest of $1,000.00. General Fund contributions are in the amount of $1,374.00. Revenue generated from LMD 86-3B assessments is $16,378.50, and an estimated amount of interest of $2,000.00. General Fund contributions are in the amount of $6,869.00 2 of 5
July 21, 2020, Item #8Public Notification: Pursuant to SB 1977, Section 50078.6, all public notification requirements have been met. No responses have been received regarding the proposed assessments at the time this report was written. Attachments: A. Resolution Reviewed/ Approved By: Wendy Kase~man Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
July 21, 2020, Item #8RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 86-3 TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2020-21 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County Property Tax Roll; WHEREAS, on July 21, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application; WHEREAS pursuant to the provisions of City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment Law being the "Landscape and Lighting Act of 1972" (being Part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 20-042 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Landscape Maintenance District 86-3, the Assessment Engineer to the City of Poway has submitted an Engineer's Report for the District as required by California Streets and Highways Code, Section 22565; WHEREAS, on June 16, 2020, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The Assessment Rates for three (3) zones are as follows: Zone A: $163. 00 per benefit unit Zone B: $ 75.31 per benefit unit SECTION 2: The sum of assessments to be collected on the Fiscal Year 2020-21 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zones A, B and C of Landscape Maintenance District 83-1 are as follows: Zone A: $25,917.00 Zone B: $16,378.50 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as $8,243.00. SECTION 4: The City Clerk shall cause this Resolution to be published in the Poway News Chieftain, a newspaper of general circulation in the City of Poway. 4 of 5 ATTACHMENT A
July 21, 2020, Item #8Resolution No. 20-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of July, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of 5
DATE: July 21, 2020 TO: Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works 4 ~ y Will Wiley, Assistant Director of Public Works for Maintenance Operatic FROM: CONTACT: (858) 668-4705 or wwiley@poway.org SUBJECT: Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 Summary: At the City Council meeting on June 16, 2020, Council adopted Resolution No. 20-043 declaring the intention to levy and collect assessments within Landscape Maintenance District 87-1 and set the public hearing for July 21, 2020. Assessments are proposed to remain unchanged from the Fiscal Year 2019-20 rates. Service level reductions are being implemented to service level B during Fiscal Year 2020-21 to ensure district expenses do no exceed projected revenues. Service levels will continue to be subject to further adjustment during Fiscal Year 2020-21 depending on frequency and magnitude of unplanned events. Recommended Action: It is recommended that the City Council adopt the Resolution Discussion: LMD 87-1 was formed on January 27, 1987, to maintain landscape improvements installed in conjunction with new subdivisions within the boundaries of the District. LMD 87-1 includes the following residential [R] developments: TRACT PROJECT NAME [R] TTM 88-04R [R] TTM 97-03 [R] TPM 98-07 [R] TTM 98-07 1 of 4 Rolling Hills Estates I and II Valencia Kimball Aviano/Bothwell July 21, 2020, Item #9
[R] TPM 19952 Rexford [R] TPM 01-05 Dynasty Development Service levels will be reduced from current levels in Fiscal Year 2020-21. The assessments are proposed to remain unchanged from the Fiscal Year 2019-20 rate of $210.68 per year ($17.56 per month) per benefit unit. On May 21, 2019, a ballot measure was passed to reorganize the existing 87-1 landscape maintenance district forming a new landscape maintenance district (19-1) by detaching 327 commercial properties. The existing residential development areas within Landscape Maintenance District 87-1 are to remain as part of the district; the current parcel assessment rate and service level will remain unchanged. The City Council's approved Fiscal Year 2020-21 Engineer's Report is on file in the Office of the City Clerk, 13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway, California. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Revenue generated from Landscape Maintenance District 87-1 assessments is $41,082.60 and an estimated amount of interest of $1,300. General Fund contributions are in the amount of $10,105. Public Notification: Pursuant to SB 1977, Section 50078.6, all public notification requirements have been met. No responses have been received regarding the proposed assessments at the time this report was written. Attachments: A. Resolution Reviewed/ Approved By: Wendy Kaiserman Assistant City Manager 2 of4 Reviewed By: Alan Fenstermacher City Attorney App roved By: Ch~ City Manager July 21, 2020, Item #9
RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 87-1 TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2020-21 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County Property Tax Roll; WHEREAS, on July 21, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application; WHEREAS pursuant to the provisions of City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment Law being the "Landscape and Lighting Act of 1972" (being Part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 20-043 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Landscape Maintenance District 87-1, the Assessment Engineer to the City of Poway has submitted an Engineer's Report for the District as required by California Streets and Highways Code, Section 22565; WHEREAS, on June 16, 2020, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The Assessment Rates for three (3) zones are as follows: Zone A: $210.68 per benefit unit SECTION 2: The sum of assessments to be collected on the Fiscal Year 2020-21 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zones A, B and C of Landscape Maintenance District 83-1 are as follows: Zone A: $41,082.60 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as $10,105.00. SECTION 4: The City Clerk shall cause this Resolution to be published in the Poway News Chieftain, a newspaper of general circulation in the City of Poway. 3 of 4 ATTACHMENT A July 21, 2020, Item #9
Resolution No. 20-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of July, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4 of4 July 21, 2020, Item #9
July 21, 2020, Item #10(_, , ---·1~ AGENDA REPORT CityofPoway ~ --· --/ ~ ---/;( . '........__=~---·--;-DATE: TO: FROM: CONTACT: SUBJECT: Summary: July 21, 2020 Honorable Mayor and Members of the City Co0cil Eric Heidemann, Director of Public Works t; CITY COUNCIL Will Wiley, Assistant Director of Public Works for Maintenance Operation (858) 668-4705 or wwiley@poway.org Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 At the City Council meeting on June 16, 2020, Council adopted Resolution No. 20-044 declaring the intention to levy and collect assessments within Landscape Maintenance District (LMD) 19-1 and set the public hearing for July 21, 2020. Recommended Action: It is recommended that the City Council adopt the Resolution. Discussion: On May 21, 2019, a Proposition 218 ballot was passed to reorganize LMD 87-1 Landscape Maintenance District forming a new Landscape Maintenance District (LMD 19-1) by detaching 327 commercial properties. LM D 19-1 includes the following commercial developments: TRACT PROJECT NAME TTM 85-04 Pomerado Business Park I and II TTM 86-02R Tech Business Center TTM 87-13 Parkway Business Centre I and II TTM 88-04R Trident Center TTM 98-05 Parkway Business Centre Ill TTM 99-07 Legacy/Toppan DR 95-13 Watkins Terminals DR 97-47 Discovery Isle TTM 00-01 Poway Views, LLC DR 03-13 Costco/Home Depot 1 of 4
July 21, 2020, Item #10TIM TPM 86-02R 06-04 Poway Corporate Center Slough Poway 11, LLC Total revenue (assessments, the general fund contribution and interest) is anticipated to be insufficient to offset the District's projected expenses this fiscal year, 2020-21 without increasing the assessments by the San Diego Consumer Price Index (CPI). Proposition 218 balloting passed in 2019 that allowed for an annual CPI increase, if necessary. Service levels are to remain the same because of the ability to adjust assessments by the CPI. The City Council's approved Fiscal Year 2020-21 Engineer's Report is on file in the Office of the City Clerk, 13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway, California. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Revenue generated from LMD 19-1 assessments is $748,624.19, and interest of an estimated amount of $1,000.00. General Fund contributions are in the amount of $146,601.00. Public Notification: Pursuant to SB 1977, Section 50078.6, all public notification requirements have been met. No responses have been received regarding the proposed assessments at the time this report was written. Attachments: A Resolution Reviewed/ Approved By: Wendy K~ erman / Assistant City Manager 2 of4 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager
July 21, 2020, Item #10RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 19-1 TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2020-21 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County Property Tax Roll; WHEREAS, on July 21, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application; WHEREAS pursuant to the provisions of City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment Law being the "Landscape and Lighting Act of 1972" (being Part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 20-044 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Landscape Maintenance District 19-1, the Assessment Engineer to the City of Poway has submitted an Engineer's Report for the District as required by California Streets and Highways Code, Section 22565; WHEREAS, on June 16, 2020, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The Assessment Rates for three (3) zones are as follows: Zone A: $859.74 per benefit unit SECTION 2: The sum of assessments to be collected on the Fiscal Year 2020-21 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zones A, B and C of Landscape Maintenance District 19-1 are as follows: Zone A: $748,624.19 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as $146,601.00. SECTION 4: The City Clerk shall cause this Resolution to be published in the Poway News Chieftain, a newspaper of general circulation in the City of Poway. 3 of 4 ATTACHMENT A
July 21, 2020, Item #10Resolution No. 20-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of July, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4 of 4
July 21, 2020, Item #11DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL July 21, 2020 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works ~ ~ Will Wiley, Assistant Director of Public Works for Maintenance Operatic (858) 668-4705 or wwiley@poway.org Resolution Establishing Assessments for Poway Lighting District to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2020-21 At the City Council meeting on June 16, 2020, Council adopted Resolution No. 20-045 declaring the intention to levy and collect assessments within the Poway Lighting District and set the public hearing for July 21, 2020. Assessments are proposed to remain unchanged from the Fiscal Year 2019-20 rates; however, the District's overall revenue from assessments will increase due to land development, land use designation changes and the creation of new subdivisions. Recommended Action: It is recommended that the City Council adopt the Resolution. Discussion: The City of Poway Lighting District was formed by the City Council on May 12, 1986. There are approximately 16,173 parcels in the City of Poway. The Poway Lighting District currently assesses 14,781 of these parcels. The benefit units (BUs) derived from these assessable parcels total 22,167 for Zone A, 3,652 for Zone Band 25,819 for Zone C. Zone A parcels have street lighting within their immediate vicinity and share equitably in benefit from major arterial street lighting. Zone A assessments are based on $15.00 per benefit unit per year for improved parcels and $7.50 per benefit unit per year for vacant, buildable parcels. Zone B parcels do not have benefit of immediate street lighting but share equitably in benefit from major arterial street lighting. Zone B assessments are based on $3.75 per benefit unit per year for improved parcels and $1.88 per benefit unit per year for vacant, buildable parcels. 1 of 5
July 21, 2020, Item #11Zone C assessments, which fund the operation and maintenance of traffic signals, safety lights, flashing beacons, and lighted street name signs within the City boundaries, are collected from all assessable parcels in Poway. Improved parcels are assessed at $13.58 per benefit unit per year. Buildable parcels that are vacant are assessed at a rate of 50 percent, or $6.79 per benefit unit per year. Public parks, facilities and parking lots are not included in the district. The Fiscal Year 2020-21 assessments are based on the District's operation and maintenance expenses. Assessments are proposed to remain unchanged from the Fiscal Year 2019-20 rates. Total revenues are estimated to be $1,398,943, which include Zone Assessments, the annual Ad Valorem Tax, City General Benefit Contribution and estimated interest. In addition, the District has projected ongoing increased expenses in operations and maintenance, energy administration and capital replacement costs. In Fiscal Year 2019-20, approximately 3,300 low pressure sodium (LPS) lights were converted to light emitting diodes (LEDs). As a result, $1,727,398.00 was appropriated on January 15, 2019, from the Lighting District's uncommitted fund balance of approximately $5.45 million for this project. Beginning last fiscal year, $250,000.00 will be requested each year over a five-year period to replace aging signalized intersections. At the end of the five-year period, it is estimated the District's uncommitted fund balance will be approximately $3.4 million. Each fiscal year, the capital improvement project fund commitments will be re-evaluated to ensure funding is available for unanticipated and ongoing maintenance and repair projects. The City Council's approved Fiscal Year 2020-21 Engineer's Report is on file in the Office of the City Clerk, 13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway, California. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Revenue generated from Lighting District assessments is $696,781.00, with general tax contributions of $472,107.00 and interest in an estimated amount of $100,000.00. General Fund contributions are in the amount of $130,055.00. Public Notification: Pursuant to SB 1977, Section 50078.6, all public notification requirements have been met. No responses have been received regarding the proposed assessments at the time this report was written. Attachments: A Resolution 2 of 5
July 21, 2020, Item #11Reviewed/ Approved By: Wendy Kaij rman Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
July 21, 2020, Item #11RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LIGHTING DISTRICT TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2020-21 WHEREAS, the City Council of the City of Poway desires to have Lighting District assessments collected on the San Diego County Property Tax Roll; WHEREAS, on July 21, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application; WHEREAS pursuant to the provisions of City of Poway Resolution No. 00-035 (Policies for Poway City Lighting District) and Assessment Law being the "Landscape and Lighting Act of 1972" (being Part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 20-045 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Poway Lighting District, the Assessment Engineer to the City of Poway has submitted an Engineer's Report for the District as required by California Streets and Highways Code, Section 22565; WHEREAS, on June 16, 2020, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The Assessment Rates for three (3) zones are as follows: Zone A: Zone B: Zone C: $15.00 per benefit unit $ 3.75 per benefit unit $13.58 per benefit unit . SECTION 2: The sum of assessments to be collected on the Fiscal Year 2020-21 San Diego County Property Tax Roll to provide for costs of administering, operating and maintaining the Poway Lighting District are as follows: Zone A: Zone B: Zone C: $332,508.12 $ 13,662.66 $350,610.48 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as $130,055.00. 4 of 5 ATTACHMENT A
July 21, 2020, Item #11Resolution No. 20-Page 2 SECTION 4: The City Clerk shall cause this Resolution to be published in the Poway News Chieftain, a newspaper of general circulation in the City of Poway. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of July, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of 5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
July 21, 2020
Honorable Mayor and Members of the City Council
Wendy Kaserman, Assistant City Manager \,J-.C-
Marie Sanders, Senior Management Analyst ~
(858) 668-4637, msanders@poway.org
CITY COUNCIL
Resolution Adopting the Authorization to Submit an Application for Community
Development Block Grant Funds -Coronavirus (CDBG-CV) to Fund Jewish Family
Services Senior Food Distribution Programs
The City is eligible to receive an additional $91,479.09 in Community Development Block Grant funding
through the Coronavirus Aid, Relief, and Economic Security Act. With Council approval, the City plans
to utilize the funding to enter into an agreement with Jewish Family Services to provide and deliver
meals to senior residents in Poway.
Recommended Action:
It is recommended that the City Council adopt the Resolution authorizing the submission of
application for Community Development Block Grant -Coronavirus (CDBG-CV) funding in the amount
of $91,479.09; and authorize the City Manager to execute all necessary grant documents.
Discussion:
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law on March 27,
2020, and on April 2, 2020 the U.S. Department of Housing and Urban Development (HUD) released
the allocation amounts to be received by jurisdictions. The CARES Act made additional Community
Development Block Grant Coronavirus (CDBG-CV) funds available to prevent, prepare for and respond
to the coronavirus. The County of San Diego Health and Human Services Agency (County) is
administering the grant and anticipates receiving just over $2.5 million of CD BG-CV funds from HUD.
Unlike annual CDBG grant allocations, 100 percent of these funds may be used to fund public service
organizations that provide direct services to individuals who meet program criteria, principally those
individuals considered low-to moderate-income.
Supplemental funds will be allocated to participating cities in the urban county based on the allocation
formula determined by the 2010 census. The formula takes into consideration overcrowding,
1 of 5 July 21, 2020, Item #12
population size, and poverty to establish allocation amounts. The City of Poway is expected to receive
3.65 percent of available funding, or $91,479.09.
To receive funding, the County requested all participating cities obtain City Council approval of the
proposed use of funds, submit an application and ensure that the proposed activity meets all
established criteria through prescribed County and HUD guidelines. The supplemental funds must
first be appropriated and expended by the City; reimbursement from the County will occur after
submission of proof of expenditures.
In evaluating options for how to expeditiously expend the funds, staff considered the City's vulnerable
populations that have been impacted by the pandemic. Based on State and County guidelines, the
Poway Senior Center closed in mid-March and does not have a projected re-opening date. Despite the
physical closure, the City and Senior Center have continued to work together to find ways to provide
essential services to Poway seniors. Prior to the closure, the Senior Center offered congregate meals
to seniors. Prior to the pandemic, Jewish Family Services UFS) was awarded funding, through a
competitive grant process, from the County of San Diego to serve both home-delivered and
congregate meals to seniors, aged 60+, who reside within the Poway zip code. JFS was founded in
1918, and brought together eight social service agencies serving San Diego. Today, JFS has grown into
a premier human services agency in San Diego, touching the lives of more than 32,000 people per
year. With a focus on uplifting individuals and families and supporting aging with dignity, JFS helps
people of all ages and faith backgrounds build stable, secure, and connected lives.
Due to facility closures related to COVID-19, JFS has focused on expanding their home-delivered meal
program to seniors in Poway. To further that effort, staff is proposing to use Poway's share of CDBG-
CV toward funding two of JFS's food distribution programs, the Foodmobile and Congregate Meal
(currently a home-delivery model) program. Partnering with JFS is in the best interest of our
community as it offers immediate relief for those individuals impacted by COVID-19 through shelter-
in-place orders and who are considered vulnerable, which could preclude them from visiting stores
for basic needs, such as food nutrition. In Poway, with over 16 percent of the population aged 65+,
per 2019 U.S. census data, each program is deemed essential. On July 8, 2020, staff held a
teleconference with County staff to discuss the proposed activity and to confirm intended recipients
meet program criteria. The County offered their support of the proposed use of the funds.
The newly transitioned Congregate Meals program offers a no-contact home delivery option by
providing a variety of fresh produce, dried/canned goods and pantry staples. Since shelter-in-place
orders were issued in mid-March, 637 congregate meals were home delivered in Poway. In addition,
to respond to the needs of the community, JFS recently conducted two drive-thru Congregate Meals
distribution events at the Poway Senior Center where 567 meals were provided. Each participant
received 21 meals for one week. The Foodmobile is a volunteer supported delivery service, providing
nutritious home-style meals and wellness checks for older adults and those who are homebound by
disability. For Poway, the Foodmobile has delivered 1,435 meals. With additional funding from the
City, the Congregate Meal and Foodmobile programs will be able to extend their offerings to Poway
seniors as the pandemic persists. Based on the cost per meal, an average of $9.50 each, the City
anticipates being able to provide approximately 9,629 individual meals to seniors through the use of
these funds.
Following approval of the City's application for use of the funds and execution of the agreement with
JFS, the City will work collaboratively with the Poway Senior Center to use both organizations'
resources to promote the program and get more seniors signed up to receive home-delivered meals.
2 of 5 July 21, 2020, Item #12
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The City of Poway will receive $91,479.09 in CDBG-CV funding from the County of San Diego. CDBG-
CV funding is reimbursement based, requiring the City to first pay JFS for the meal deliveries, and seek
reimbursement from the County. Therefore, there is a need to appropriate $91,479.09 from the City's
General Fund Balance to the CDBG-CV fund. The General Fund will be reimbursed after funding is
received from the County of San Diego.
Public Notification:
None.
Attachments:
A. Resolution
Reviewed/ Approved By:
Assistant City Manager
3 of 5
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager
July 21, 2020, Item #12
RESOLUTION NO. 20-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING THE SUBMISSION OF
APPLICATION FOR FISCAL YEAR 2019-2020 COMMUNITY
DEVELOPMENT BLOCK GRANT CORONAVIRUS FUNDS
(CD BG-CV)
WHEREAS, the City of Poway is a sub-recipient of Community Development Block Grant
funds administered through the County of San Diego, Health and Human Services Agency as the
grantee for the San Diego Urban County Region;
WHEREAS, on March 27 , 2020 the Coronavirus Aid, Relief, and Economic Security
(CARES) Act was approved by Congress and signed into law;
WHEREAS , on April 2, 2020, the Department of Housing and Urban Development (HUD)
announced CARES Act supplemental funding allocations;
WHEREAS , the funding allocation granted to the San Diego Urban County is comprised
of dedicated funds to participating cities and the City of Poway's CDBG-CV allocation is
$91,479.09; and
WHEREAS, the City of Poway intends to utilize the allocated CDBG-CV funds with the
intention of entering into an agreement with Jewish Family Services for the Senior Food
Distribution Programs to provide essential meal services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The foregoing recitals are true and correct.
SECTION 2: That the City Council of the City of Poway hereby authorizes staff to submit
an application to the County of San Diego, Health and Human Services Agency for CDBG-CV
funding , with such funds being awarded to Jewish Family Services for the Senior Food Distribution
Programs.
4of5 ATTACHMENT A July 21, 2020, Item #12
Resolution No. 20-
Page 2
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 21st day of July, 2020 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, Interim City Clerk
5 of 5 July 21, 2020, Item #12