10-06-20 Agenda Packet Steve Vaus Caylin Frank Dave Grosch Barry Leonard John Mullin
Mayor Deputy Mayor Councilmember Councilmember Councilmember
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October 6, 2020 | 7 p.m.
AG EN DA Poway City Council
Counci l Chamber I 73325 Civic Center Drive I Poway, CA I 92064
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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.
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda.
2. Approval of the September 1, 2020 Regular City Council Meeting Minutes
3. Resolution to Continue the Existence of a Local Emergency within the City of Poway Due to the
Novel Coronavirus (COVID-19) Global Pandemic
4. Approval of Agreement with AARC Consultants, LLC for Preparation of the Risk and Resilience
Assessment and Emergency Response Plan, RFP No. 21-009
5. Award of Agreement to Woodard & Curran, Inc. for Preparation of the 2020 Urban Water
Management Plan, RFP No. 21-004
6. Award of Bid to Knorr Inc. for Pool Maintenance Agreement, RFP No. 21-006
7. Resolutions Authorizing the Submittal of Applications for Grant Funds from the Highway Safety
Improvement Program (HSIP) and Local Roadway Safety Plan (LRSP) Program
8. Resolution Designating Director and Alternate Representatives for California Joint Powers
Insurance Authority (JPIA)
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION:
9. Second Reading and Adoption of Ordinance No. 844 entitled “An Ordinance of the City Council of
the City of Poway, California, Amending Sections 8.68.130, 8.68.145, 8.68.155, and 8.68.170 of
Chapter 8.68 (Solid Waste Management) of the Poway Municipal Code”
City Manager’s Recommendation: It is recommended that the City Council adopt Ordinance
No. 844.
PUBLIC HEARINGS:
10. Resolution Confirming and Authorizing Recovery of Costs Incurred to Abate Public Nuisance at
14441 Range Park Road
City Manager’s Recommendation: It is recommended that the City Council adopt the
proposed Resolution confirming the costs incurred abating public nuisances, ordering payment,
and authorizing recovery of the same, including placement of any uncollected costs on the
property tax rolls.
STAFF REPORTS:
11. Development Review (DR) 20-008, a request to modify the exterior façade of the former Atlas
Market building and adjacent storefront spaces of the Twin Peaks Plaza shopping center at 14721-
14905 Pomerado Road
City Manager’s Recommendation: It is recommended that the City Council take public input
and adopt the Resolution.
12. Capital Improvement Program Update
City Manager’s Recommendation: This is an informational item and there is no recommended
action.
13. Authorization to Purchase a Vacuum/Jet-Rod Truck by Cooperative Purchase Agreement and a
Passenger Van through Informal Bid
City Manager’s Recommendation: It is recommended that the City Council authorize the
purchase of a Vacuum/Jet-Rod Stormwater/Sewer Pipe Cleaning and Excavation Truck
($527,220.88) from Haaker Equipment Company, through a Sourcewell Cooperative Purchasing
Agreement and a Passenger Van ($31,920.90) from Poway Chrysler Dodge Jeep Ram through an
informal bid process for a total estimated cost of $559,141.78, and authorize the City Manager
to execute the necessary documents.
WORKSHOPS: None.
COUNCIL-INITIATED ITEMS:
14. Partner with Poway Unified School District to Facilitate Distance Learning
City Manager’s Recommendation: It is recommended that Council direct staff to partner with
Poway Unified School District and allocate funding under CDBG-CV guidelines to support the
provision of internet access, so distance learning leaves no family behind.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
AD!OURNMENT State of California County of San Diego ) ) ss. ) AFFIDAVIT OF POSTING I, Vaid a Pavo/as, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on September 29, 2020 at 5:00 p.m. Said mee-:ng to be held at 7:00 p.m., October 6, 2020, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, Cahifornia. Said notice was posted on the Bulletin Board at the entrance to City Hall. ida Ppvolas, CM.L--City Clerk
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
October 6, 2020
Honorable Mayor and Members of the City Council
Vaida Pavolas, City Clerk \R
(858) 668-4535 or vpavolas@poway.org
CITY COUNCIL
SUBJECT: Approval of the September 1, 2020 Regular City Council Meeting Minutes
Summary:
The City Council Meeting Minutes submitted hereto for approval are:
• September 1, 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 September 1, 2020 Regular City Council Meeting
Minutes.
Public Notification:
None.
Attachments:
A. September 1, 2020 Regular City Council Meeting Minutes
Reviewed/Approved By:
WRJ,J,j . ~
WendV<aserman
Assistant City Manager
1 of 5
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
~
City Manager
October 6, 2020, Item #2
City of Poway – Minutes – September 1, 2020
2 of 5 October 6, 2020, Item #2
CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES
September 1, 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 (via teleconference), Dave Grosch, Caylin Frank, Steve Vaus
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; Interim City Clerk Carrie Gallagher; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene
Dunphy; Public Works Director Eric Heidemann; Fire Chief Jon Canavan and Captain Dave Schaller, Sheriff’s Department.
(Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City
Manager, City Attorney, Interim City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy Mayor/Vice Chair, Councilmember/Director, City Manager/Executive
Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City
Clerk/Secretary and Director of Finance/Finance Officer.)
PLEDGE OF ALLEGIANCE
Deputy Mayor Frank led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATIONS
Mayor Vaus recognized Captain Jeff Duckworth upon his retirement and thanked him for his many
years of service to the Poway community.
Mayor Vaus introduced and welcomed Poway’s new Sheriff Captain, Dave Schaller.
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.
ATTACHMENT A
City of Poway – Minutes – September 1, 2020
3 of 5 October 6, 2020, Item #2
PUBLIC COMMENT Pierra Moise, Advocacy Specialist representing American Lung Health Association, via teleconference, spoke regarding a recent survey on smoke-free outdoor dining.
CONSENT CALENDAR Motioned by Councilmember Mullin, seconded by Deputy Mayor Frank to approve Consent Calendar Items 1 through 6. Motion carried by the following roll-call vote: Ayes: Mullin, Leonard, Grosch, Frank, Vaus Noes: None Abstained: None Absent: None Disqualified: None 1. Approval of the July 21, 2020 Regular City Council Meeting Minutes
2. Adoption of Resolution No. 20-073 entitled “A Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVID-19) Global Pandemic”
3. Adoption of Resolution No. 20-074 entitled “A Resolution of the City Council of the City of Poway, California, Adopting an Amended Conflict of Interest Code Updating Designated Employees and Officers and Repealing Resolution No. 18-067” 4. City’s Investment Report as of June 30, 2020 5. Approval of Agreement with Singh Group Inc. for Dead Animal Disposal Services; RFP No. 20-022 6. Award of Contract to Savant Solutions for Managed Detection & Response (MDR) Security Services Provider; RFP No. 21-005 ORDINANCES FOR INTRODUCTION
None. ORDINANCES FOR ADOPTION None.
PUBLIC HEARINGS 7. Minor Conditional Use Permit 19-005: A Request to Keep Two Existing Seatainers and Add a Third Seatainer for the North Park Produce Market located at 12342 Poway Road
Mayor Vaus opened the public hearing at 7:07 p.m. Associate Planner Oda Audish presented the report along with a PowerPoint presentation.
City of Poway – Minutes – September 1, 2020
4 of 5 October 6, 2020, Item #2
No speakers.
Mayor Vaus closed the public hearing at 7:16 p.m. Motioned by Mayor Vaus, seconded by Councilmember Grosch to adopt Resolution No. 20-075 entitled “A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit (MCUP) 19-005 for Three Seatainers behind North Park Produce at 12342 Poway Road; Assessor’s Parcel Number 317-153-21-11.” Motion passed unanimously. STAFF REPORTS None. WORKSHOPS None.
COUNCIL-INITIATED ITEMS JOHN MULLIN
8. Affordable Housing Project
Councilmember Mullin presented the item for Council consideration regarding a Request for Proposals (RFP) for an affordable housing development on any of the three prospective Housing Authority-owned sites that would include a mix of income segments with units designed for both developmentally disabled adults and low-income veterans. With Council concurrence, Deputy Mayor Frank proposed eliminating the Big Stone Lodge and Twin Peaks sites from consideration and focusing only on the Monte Vista site. Tony Rubino, via teleconference, spoke in support of affordable housing for the
developmentally disabled adult community.
Frank Fournier, via teleconference, spoke in opposition to an affordable housing development
in south Poway.
Chris Olps, via teleconference, spoke regarding the Big Stone Lodge. Mr. Olps submitted a
petition with approximately 156 signatures in support of preserving the property of the Big Stone Lodge as a historic passive park space.
Peter Neild submitted email correspondence in opposition of an affordable housing development at this time. The following submitted email correspondence in opposition to building affordable housing at the Big Stone Lodge site: Chris Cruse, Carol Davison, Pat Rowean, Tara Brewer, Sandy and
Bob Casey, Karen Machamer, Linda Cochran, Douglas Dickey and Kate Baker Tilton.
City of Poway – Minutes – September 1, 2020
5 of 5 October 6, 2020, Item #2
The following submitted email correspondence in opposition to building affordable housing at the Twin Peaks site: Lori Pickle, Kathy Rowe, Kelly Harris, Eric Loeffler, Randy Kent, Vikki
Herrera-Loeffler, Kelsey Kim, Michael Miller, Talon Humus, Laura Zeaman, Liz Kane, Brad
Mcbradabrad and Stephen Lai.
Council discussion ensued in support of affordable housing. Council expressed support for the Housing Authority-owned parcel on Monte Vista Road due to its lot size and proximity to public transportation and Pomerado hospital.
Council directed staff to prepare a Request for Proposals for an affordable housing development designed for developmentally disabled adults and low-income veterans to be located at a Housing Authority-owned parcel on Monte Vista Road. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) The Mayor and Council made announcements and reported on various events taking place in the City. No action was taken.
CITY MANAGER ITEMS: City Manager Chris Hazeltine recognized Interim City Clerk Carrie Gallagher and thanked her for
assisting during the recruitment for City Clerk. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
City Attorney Alan Fenstermacher announced that there was no reportable action taken at Closed Session held August 4, 2020. ADJOURNMENT The meeting adjourned at 7:39 p.m.
________________________________ Vaida Pavolas, CMC
City Clerk City of Poway, California
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
October 6, 2020
Honorable Mayor and Memfrir ,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 (COVID-19) Global Pandemic
The Novel Coronavirus (COVID-19) global pandemic continues to cause unprecedented impacts on all
economic and social segments of the United States. Federal, state, and county directives, mandates
and orders to prevent, control and manage the spread of COVID-19 have, and continue to, impact
Poway residents, businesses and visitors. On March 18, 2020, the City Council approved a resolution
proclaiming a local emergency. The adopted resolution requires the City Council to either continue
the emergency action or declare the emergency ended at each regular meeting.
Recommended Action:
It is recommended that the City Council approve a resolution continuing the Proclamation of Local
Emergency authorizing the City Manager to take necessary actions to protect the public and welfare of the City from the serious and imminent threat of 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. Orf 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,
July 7, July 21, August 4, September 1 and September 15, 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 October 6, 2020, Item #3
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
As of September 17, 2020, City costs to respond to COVID-19 are estimated at $624,249. This amount
differs from the amounts in the COVID-19 Economic Update staff report presented to Council on
September 15, 2020 primarily because the amounts listed here relate to FEMA eligible expenditures.
The total fiscal impact is unknown at this time. Per the City Council adopted General Fund Reserve
policy, the City maintains a General Fund Reserve of 45 percent of the budgeted annual General Fund
operating expenditures, or $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 September 17, 2020, staff has received
78 applications requesting $2,862,165 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 13
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 October 6, 2020, Item #3
Attachments:
A.Resolution
B.Proclamation of Local Emergency
Reviewed/Approved By:
Wendy serman
Assistant City Manager
3 of6
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
�
City Manager
October 6, 2020, Item #3
RESOLUTION 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, approved extending the emergency declaration during regularly scheduled meetings on April 7, April 21,
May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1 and September 15, 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.
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 (COVID-19) global pandemic; and
4of6 ATTACHMENT A October 6, 2020, Item #3
Resolution No. 20-Page 2
(a)The continuing threat of the Novel Coronavirus (COVID-19) global
pandemic requires that the City be able to expend public money in order tosafeguard life, health, or property;
(b)The City Manager, as the City's Personnel Officer, is authorized to take
actions necessary to alter employee leave policies and ensure a safe and
healthy workforce;
(c)The City Manager is authorized to safeguard life, health, or property
without complying with notice or bidding procedures; and
(d)Once such expenditure is made, the City Manager shall report the
conditions to the City Council at each regular meeting, at which time the City
Council shall either continue the emergency action or declare the emergency
ended.
SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 6th day of October, 2020 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Vaida Pavolas, CMC, City Clerk
s of6 October 6, 2020, Item #3
PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of
Emergency Services to proclaim the existence or threatened existence of a local emergency
when the City is affected or likely to be affected by a public calamity and the City Council is not in session;
WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway,
does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by the Novel Coronavirus (COVID-19) commencing on January 24, 2020;
WHEREAS, that the City Council of the City of Poway is not in session and cannot
immediately be called into session; and
WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven days of being issued.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency
Services for the City of Poway, that a local emergency now exists throughout the City and that
said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local
emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; and
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of
Local Emergency be forwarded to the State Director of the Governor's Office of Emergency
Services with a request that;
1 . The State Director find the Proclamation of Local Emergency acceptable in
accordance with provisions of the Natural Disaster Assistance Act; and
2.The State Director forward this Proclamation, and request for a State Proclamationand Presidential Declaration of Emergency, to the Governor of California forconsideration and action.
PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway
this 13th day of March 2020.
Director of Emergency Services
6 of6 ATTACHMENT B October 6, 2020, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
October 6, 2020
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works
CITY COUNCIL
Troy DePriest, Assistant Director of Public Works for Utilities�
(858)668-4750 or tdepriest@poway.org
Approval of Agreement with AARC Consultants, LLC for Preparation of the Risk
and Resilience Assessment and Emergency Response Plan, RFP No. 21-009
A notice inviting proposals for the Risk and Resilience Assessment (RRA) and Update to the Water
System Emergency Response Plan (ERP) was duly advertised on August 20, 2020. Two proposals were
received on September 8, 2020. AARC Consultants, LLC has been selected as the firm that best meets
the evaluation criteria and suits the needs of the City of Poway (City) to complete the RRA and ERP.
The total cost of the Agreement is not-to-exceed $102,560 and is effective from the period
commencing October 12, 2020, through April 12, 2022. The Agreement may be extended for up to
two (2) additional one-year extensions, subject to Council appropriations. Agreement extensions may
be necessary if the EPA requests any changes to the submitted RRA and ERP. The maximum length
of the Agreement would be up to three years and six months.
Recommended Action:
It is recommended that the City Council award the Agreement for the RRA and ERP, to AARC
Consultants, LLC for a not-to-exceed amount of $102,560, appropriate $42,560 from the Water Fund
5100, and authorize the City Manager to execute the necessary documents.
Discussion:
Background
On June 12, 2002, the Public Health Security and Bioterrorism Preparedness and Response Act of 2002
(BPRA) was signed into law. The BPRA was in response to the September 11, 2001 terrorist attacks
and the subsequent deliberate anthrax attacks in fall of 2001, which strained the public health system
and raised concern that the nation was insufficiently prepared to respond to bioterrorist attacks. The
BPRA was intended to bolster the nation's ability to respond effectively to bioterrorist threats and
other public health emergencies.
1 of 20 October 6, 2020, Item #4
To protect the drinking water supply, the BPRA required community water systems to conduct
Vulnerability Assessments and develop Emergency Response Plans aimed at protecting drinking water
supplies. The City followed the Environmental Protection Agency (EPA) guidance and submitted a
completed Vulnerability Assessment and Emergency Response Plan to the EPA. As these assessments
and plans are more than 15 years old and outdated, the EPA's record management policy can retire
these certifications and assessments.
Discussion
Expanding upon the requirements of the BPRA, the America's Water Infrastructure Act (AWIA) was
signed into federal law on October 23, 2018. AWIA Section 2013 requires community (drinking) water
systems serving more than 3,300 people to develop or update RRAs and ERPs. The law specifies the
components that the RRAs and ERPs must address and establishes deadlines by which water systems
must certify to the EPA upon completion of the documents. The City's deadline is June 30, 2021 for
the RRA and December 31, 2021 for the ERP. This reporting is an unfunded mandate by the Federal
Government for water suppliers nationwide and is required to be updated every five years henceforth.
Section 1433(a) of the Safe Drinking Water Act as amended by section 2013 of the AWIA outlines the
requirements for the RRA as follows:
•Risk to the system from malevolent acts and natural hazards;
•Resilience of the pipes and constructed conveyances, physical barriers, source water, water
collection and intake, pretreatment, treatment, storage and distribution facilities, electronic,
computer or other automated systems (including the security of such systems) which are
utilized by the system;
•The financial infrastructure of the system;
•The use, storage, or handling of various chemicals by the system; and
•The operation and maintenance of the system.
No later than six months after certifying completion of the RRA, the City must revise its ERP to
incorporate the findings of the RRA. The ERP is required to include:
•Strategies and resources to improve the resilience of the water system, including the physical
security and cybersecurity of the system;
•Plans and procedures that can be implemented, and identification of equipment that can be
utilized in the event of a malevolent act or natural hazard that threatens the ability of Poway's
water system to deliver safe drinking water;•Actions, procedures and equipment which can obviate or significantly lessen the impact of a
malevolent act or natural hazard on the public health and safety and supply of drinking water
provided to Poway customers and individuals, including the development of alternative
source water options, relocation of water intakes and construction of flood protection
barriers; and
•Strategies that can be used to aid in the detection of malevolent acts or natural hazards that
threaten the security or resilience of the system.
Once the RRA and ERP are completed, a certification of completion will be sent to the EPA by the
scheduled deadlines.
In order to select and retain a qualified consultant to support the preparation of both the RRA and
ERP, and meet EPA requirements and timeline, City staff prepared a detailed Request for Proposals
(RFP). The RFP was advertised on August 20, 2020. The City received two proposals on September 8,
2 of20 October 6, 2020, Item #4
2020. An evaluation committee reviewed the proposals based on criteria set forth in the RFP, which
included thoroughness of the RFP, firm and project team qualifications, project understanding, project
experience and cost. The table below shows the not-to-exceed amounts from the responsive
proposers:
Table 1: RFP 21-009, Risk and Resilience Assessment and Emergency Response Plan
Responsive Proposers
Launch! Consulting, Inc Charlottesville, VA $118,220
As a result of the proposal evaluation, the committee determined that AARC Consultants, LLC provided
the most comprehensive and best-value proposal, had a clear understanding of requirements, and
precisely defined the approach and methodology to achieve compliance with the AWIA requirements.
With a local office in Escondido, AARC Consultants, LLC has been in business for 26 years and has
extensive experience preparing RRAs and ERPs.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The total cost of the Risk and Resilience Assessment and Update to the Water System Emergency
Response Plan is $102,560. Funds of $60,000 are available in the Water Supply, Treatment and
Storage Division's Fiscal Year 2020-21 budget (402060-17200) for this work. Staff is requesting to
appropriate the remaining $42,560 from the 5100 Water Fund and award the Agreement to AARC
Consultants, LLC. Sufficient funds are available for this request.
Public Notification:
None.
Attachments:
A.Agreement with AARC Consultants, LLC
Reviewed/Approved By:
w; Kaserman
Assistant City Manager
3 of 20
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
October 6, 2020, Item #4
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 12th day of October, 2020, by and between the
CITY OF POWAY (hereinafter referred to as "City") and AARC Consultants, LLC (hereinafter
referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform a risk
and resilience assessment and emergency response plan update for the City’s water system
(Project);
WHEREAS, Consultant is a certified environmental engineering, industrial hygiene, and
hazardous materials consultant and has represented that Consultant possesses the necessary
qualifications to provide such services;
WHEREAS, City has authorized the preparation of an agreement to retain the services of
Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN
CONSULTANT 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.
1
4 of 20 ATTACHMENT A October 6, 2020, Item #4
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5.Confidential Relationship.
City may from time to time communicate to Consultant certain information to
enable Consultant to effectively perform the services. Consultant shall treat all such information
as confidential, whether or not so identified, and shall not disclose any part thereof without the
prior written consent of the City. Consultant shall limit the use and circulation of such information,
even within its own organization, to the extent necessary to perform the services. The foregoing
obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has
been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant,
hereafter disclosed in publicly available sources of information; (iii) is now in the possession of
Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully
disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other
results of the services or the existence of the subject matter of this contract without the prior
written consent of the City. In its performance hereunder, Consultant shall comply with all legal
obligations it may now or hereafter have respecting the information or other property of any other
person, firm or corporation.
6.Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost
and expense.
7.Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person,
other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that
it has not paid or agreed to pay any company or person, other than a bona fide employee, any
fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or
resulting from the award or making of the Agreement. For breach of violation of this warranty,
City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct
from the Agreement price or consideration, or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
8.Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of City and shall be
delivered to City by Consultant upon demand.
9.Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and
the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use
its official position to influence in any way any matter coming before the City in which the
Consultant has a financial interest as defined in Government Code Section 87103. Consultant
represents that it has no knowledge of any financial interests which would require it to disqualify
itself from any matter on which it might perform services for the City.
5 of 20 October 6, 2020, Item #4
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“Consultant” means an individual who, pursuant to a contract with a state or local
agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application,
certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided
it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to
which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines
for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making
a governmental decision as defined in the Political Reform Act and/or
implementing regulations promulgated by the Fair Political Practices Commission,
or performs the same or substantially all the same duties for the City that would
otherwise be performed by an individual holding a position specified in the City’s
Conflict of Interest Code.
DISCLOSURE DETERMINATION:
1. 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.
2. Consultant/Contractor will be “making a government decision” or “serving
in a staff capacity” as defined in Sections A and B above. As a result,
Consultant/Contractor shall be required to file a Statement of Economic Interest
with the City Clerk of the City of Poway in a timely manner as required by law.
_________________________________________________
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted,
except as otherwise specifically provided herein, or to which City, in its sole discretion, consents
to in advance thereof in writing. Any assignment or subcontracting in violation of this provision
shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets,
accounting records, and other evidence pertaining to costs incurred and shall make such
materials available at its office at all reasonable times during the contract period and for three (3)
6 of 20 October 6, 2020, Item #4
□
4
years from the date of final payment under this Agreement, for inspection by City and copies
thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent
contractor and shall not be an employee of the City of Poway. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement; however, City shall not have the right to control the means by which Consultant
accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to practice its profession.
Consultant represents and warrants to City that Consultant shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or approval which
is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant’s
negligent performance of professional services, City and its respective elected and appointed
boards, officials, officers, agents, employees and volunteers (individually and collectively,
"Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall
indemnify, protect and hold harmless Indemnitees 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
Indemnitees may suffer or incur or to which Indemnitees 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, Indemnitees shall have no liability to Consultant or any other person for,
and Consultant shall indemnify and hold harmless Indemnitees from and against, any and all
Claims that Indemnitees may suffer or incur or to which Indemnitees 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 Indemnitees shall include only the reimbursement of reasonable defense costs and attorneys’
fees to the extent caused by Consultant’s negligence.
7 of 20 October 6, 2020, Item #4
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(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 Indemnitee 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 Indemnitees 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.
8 of 20 October 6, 2020, Item #4
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Consultant's personnel shall at all times comply with City's drug and alcohol
policies then in effect.
19.Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions"
attached hereto and made a part hereof.
20.Governing Law, Forum Selection and Attorneys’ Fees.
This Agreement shall be governed by, and construed in accordance with, the laws
of the State of California. Each party to this Agreement consents to personal jurisdiction in San
Diego County, California, and hereby authorizes and accepts service of process sufficient for
personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for
giving notice as set forth in Exhibit “A” hereto. Any action to enforce or interpret the terms or
conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central
Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant
hereby waives any right to remove any such action from San Diego County as is otherwise
permitted by California Code of Civil Procedure section 394. The prevailing party in any such
action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including
its expert fees, attorneys’ fees, courts costs, arbitration costs, and any other fees.
Notwithstanding the foregoing, in the event that the subject of such an action is compensation
claimed by Consultant in the event of termination, Consultant's damages shall be limited to
compensation for the 60-day period for which Consultant would have been entitled to receive
compensation if terminated without cause, and neither party shall be entitled to recover their
litigation expenses.
21.Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean
the individual or corporate consultant and any and all employees of consultant providing services
hereunder.
22.Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute one and the
same instrument. Documents delivered by telephonic facsimile transmission shall be valid and
binding.
23.Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and
City relating to the terms and conditions of the services to be performed by Consultant. No
agreements, representations or promises made by either party, whether oral or in writing, shall
be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24.Certification and Indemnification Regarding Public Employees’
Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor
are not current members of the California Public Employees’ Retirement System (CalPERS) and
shall not become members of CalPERS while providing services to City.
9 of 20 October 6, 2020, Item #4
7
Contractor further provides that in the event Contractor assigns a retired annuitant
receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in
full compliance with Government Code section 7522.56. A copy of Government Code section
7522.56 is attached hereto as Exhibit “B.”
Further, Contractor hereby fully and unconditionally indemnifies City from all
penalties, fees, employer and employee contributions, or any other assessments imposed by
CalPERS in the event CalPERS determines the person assigned by Contractor to provide
services to City has been misclassified.
25.Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or
arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be
construed as though more narrowly drawn, if a narrower construction would avoid such invalidity,
illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such
invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this
Agreement shall remain in effect.
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10 of 20 October 6, 2020, Item #4
8
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the
date first above written.
CITY OF POWAY AARC Consultants, LLC
By: _________________________ By: _______________________________
Chris Hazeltine, City Manager Name, Title
Date: ______________________ Date: ____________________________
ATTEST:
Vaida Pavolas, CMC, City Clerk
APPROVED AS TO FORM:
By: _________________________________
Alan Fenstermacher, City Attorney
11 of 20 October 6, 2020, Item #4
1
"SPECIAL PROVISIONS"
EXHIBIT "A"
A.Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall
consist of the Risk and Resilience Assessment and Emergency Response Plan Update further
described in the Scope of Services submitted with the proposals dated September 8, 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 September 8, 2020 , which are included in this document as Attachment
2. Total fee is not to exceed $102,560. 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 be effective from the period commencing October 12, 2020
and ending April 12, 2022, unless sooner terminated by City as provided in the section of this
Agreement entitled "Termination." This Agreement may be extended for up to two (2) additional
one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration
or termination of this Agreement, Consultant shall return to City any and all equipment, documents
or materials and all copies made thereof which Consultant received from City or produced for City
for the purposes of this Agreement.
D.Consultant's Insurance.
1.Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of
the following insurance coverages:
(a)Comprehensive General Liability, including premises-operations,
products/completed, broad form property damage, and blanket contractual liability with the
12 of 20 October 6, 2020, Item #4
2
following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined
each occurrence and $2,000,000 aggregate.
(b)Automobile Liability, including owned, hired, and non-owned
vehicles: $1,000,000 combined single limit.
(c)Consultant shall obtain and maintain, during the life of the
Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of
not less than $1,000,000 combined single limits, per claim and annual aggregate.
(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: City of Poway
P.O. Box 789
Poway, CA 92074
To Consultant: AARC Consultants
500 La Terraza Blvd. Ste. 150
Escondido, CA 92025
13 of 20 October 6, 2020, Item #4
ATTACHMENT 1
SCOPE OF SERVICES
The Scope of Work for the project is outlined in the following paragraphs. The Consulting firm is encouraged to further define the tasks and/or propose modifications
to the tasks that will enhance the project. The final Scope of Work will be
determined during negotiations with the successful Consultant.
Project Background: In 2018, America's Water Infrastructure Act (AWIA) was signed
into law. This law requires community water systems serving more than 3,300 people
to develop or update risk assessments and emergency response plans. One of
the operational requirements for a public water system is to "provide a reliable and adequate supply of pure, wholesome, healthful and potable water" (CA Health & Safety Code, Section 116555). Emergency Response Planning for terrorist activities,
natural disasters, and events caused by human intervention is an essential part of
ensuring customers receive a reliable and adequate supply of potable water.
The City has a population of just under 50,000 and provides potable water to over
14,000 connections and is required to submit self-certification to the U.S. Environmental Protection Agency (USEPA) showing compliance with each portion of the federal mandate by the following dates:
Population Served Risk and Resilience Emergency Response
Assessment Plan*
3,301-49,999 June 30, 2021 December 31, 2021
*Emergency response plan certifications are due six months from the date of the risk
assessment certification.
The following are general descriptions of the major work tasks:
Task 1: Preliminary Review and Project Kick-off
Upon receipt of Notice to Proceed, the Consultant shall submit a list of data needs to the City.
The Consultant shall conduct a kick-off meeting at the beginning of the project to introduce the project team, confirm the project objectives and present the scope of
work, budget, schedule and communications plan to the City staff. The meeting may also be used as an information gathering session with City Staff to identify data gaps.
Task 2: Conduct Risk and Resilience Assessment (RRA)
Following the guidelines given in Section 2013 of the America's Water Infrastructure
Act, the Consultant shall prepare and complete the drinking water system Risk and
11 14 of 20 October 6, 2020, Item #4
ATTACHMENT 1
Resilience Assessment. The assessment shall include, but not be limited to, the
following: •the risk to the system from malevolent acts and natural hazards;•the resilience of the pipes and constructed conveyances, physical barriers,source water, water collection and intake, pretreatment, treatment, storage and
distribution facilities, electronic, computer, or other automated systems
(including the security of such systems) which are utilized by the system;•the monitoring practices of the system;
•the financial infrastructure of the system;•the use, storage, or handling of various chemicals by the system; and•the operation and maintenance of the system.
Prepare required certification to be sent to the EPA verifying that the City has
conducted an assessment encompassing the requirement of the RRA.
Task 3: Update the City's Emergency Response Plan (ERP)
Develop/update an Emergency Response Plan, which incorporates finding from
Task 2 above. For the ERP, the selected Consultant is required to develop strategies, recommendations, and actions the City can use to improve water system resiliency to lessen the impacts on public health, and the safety and supply of drinking water,
from natural hazards or malevolent acts. This update must be in accordance with
AWIA.
The ERP shall include, but is not limited to, the following: •strategies and resources to improve the resilience of the system, including the
physical security and cybersecurity of the system;•plans and procedures that can be implemented, and identification of equipment
that can be utilized, in the event of a malevolent act or natural hazard that
threatens the ability of the community water system to deliver safe drinkingwater;•actions, procedures and equipment which can obviate or significantly lessen
the impact of a malevolent act or natural hazard on the public health and the
safety and supply of drinking water provided to communities and individuals,
including the development of alternative source water options, relocation ofwater intakes and construction of flood protection barriers; and•strategies that can be used to aid in the detection of malevolent acts or natural
hazards that threaten the security or resilience of the system.
Task 4: Emergency Response Training
The training would include the following:
a.Emergency Response Plan reviewb.Emergency Preparedness
c.Communication Procedures
d.One tabletop exercise/drill of a disaster scenario
1215 of 20 October 6, 2020, Item #4
ATTACHMENT 1
Additional Services
Provide additional services on an as-needed basis, under direction of the City's
Utilities Administrator. Additional services may include any additional work not
identified in this Scope of Work that would be necessary or of benefit to the completion of this project.
[Remainder of Page Left Blank Intentionally]
1316 of 20 October 6, 2020, Item #4
$102,5609/15/2020Principal ScientistProject ManagerAssistant Project ManagerSenior Cybersecurity AnalystSenior Emergency Response AdvisorLead Physical Security AnalystAdministrativeSubtotal TasksBilling Rate $/hour $225 $190 $160 $190 $190 $160 $85Kickoff Meeting3 111$1,080Project Management3 16 2$4,035Data Collection and Review8 888$5,600Preliminary List of Critical Assets2$380Expenses$300Subtotal3 29 11 9090 $11,395Task 2 Conduct Risk and Resilience AssessmentAsset Inspections8 88$4,320Staff Interviews/Workshops12 12 810$7,320J-100 Analysis2 4 16 4$4,530Develop Draft RRA3 14 16 816 12 $10,995Review Meeting and Presentation1 6$1,365Review and Respond to Comments on Draft RRA2 10 622$4,010Develop Final RRA3 12 10 24 12 $6,595Travel and Other Expenses$1,200Subtotal11 66 68 32032 24 $40,335Project Management3 14 2$3,655Data Collection and Review4 616$4,280Net Benefit Analysis for Risk Reduction Measures3 6 12 621 $5,280Interviews and Tabletop Exercise12 412$4,840Meetings and Planning Workshop1212$4,200Develop Draft ERP3 30 430 12 $12,835Review Meeting and Presentation14$985Review and Respond to Comments on Draft ERP1 12 310$4,585Develop Final ERP2 12 612 12 $6,630Travel and Other Expenses$900Subtotal13 106 37 6094 25 $48,190Task 4 TrainingPerform Training - ERP Review, Preparedness, and Communications1122 $2,640Travel and Other Expenses$0Subtotal0 1 001202 $2,640Total Labor Hours / Cost: 590 27 202 116 47 12 135 51 $100,160$102,560billing rates$225 $190 $160 $190 $190 $160 $85total hours27 202 116 47 12 135 51Labor cost$6,075 $38,380 $18,560 $8,930 $2,280 $21,600 $4,335 $100,160TOTAL COSTCity of Poway CA Revised Cost - AWIA RRA and ERPAARC Consultants Detailed Fee Proposal CalculationPhase 3 Emergency Response PlanTask 1 Communication and Coordination with CityAARC ConsultantsATTACHMENT 2
17 of 20 October 6, 2020, Item #4
1
EXHIBIT “B”
Cal Gov Code § 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular
Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated > GOVERNMENT CODE > Title 1 General > Division 7
Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public
Employees' Pension Reform Act of 2013
7522.56. Provisions applicable to person receiving pension benefit from public
retirement system; Section supersedes conflicting provisions
(a)This section shall apply to any person who is receiving a pension benefit from a public
retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract
directly by, a public employer in the same public retirement system from which the retiree
receives the benefit without reinstatement from retirement, except as permitted by this
section.
(c) A person who retires from a public employer may serve without reinstatement from
retirement or loss or interruption of benefits provided by the retirement system upon
appointment by the appointing power of a public employer either during an emergency to
prevent stoppage of public business or because the retired person has skills needed to
perform work of limited duration.
(d)Appointments of the person authorized under this section shall not exceed a total for all
employers in that public retirement system of 960 hours or other equivalent limit, in a
calendar or fiscal year, depending on the administrator of the system. The rate of pay for the
employment shall not be less than the minimum, nor exceed the maximum, paid by the
employer to other employees performing comparable duties, divided by 173.333 to equal an
hourly rate. A retired person whose employment without reinstatement is authorized by this
section shall acquire no service credit or retirement rights under this section with respect to
the employment unless he or she reinstates from retirement.
(e)
(1)Notwithstanding subdivision (c), any retired person shall not be eligible to serve
or be employed by a public employer if, during the 12-month period prior to an
appointment described in this section, the retired person received any unemployment
insurance compensation arising out of prior employment subject to this section with
18 of 20 October 6, 2020, Item #4
§
Cal Gov Code § 7522.56
2
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:
(1)The employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed position before 180 days have passed and the
appointment has been approved by the governing body of the employer in a public
meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state
employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed state employment position before 180 days
have passed and the appointment has been approved by the Department of
Human Resources. The department may establish a process to delegate
appointing authority to individual state agencies, but shall audit the process to
determine if abuses of the system occur. If necessary, the department may assume
an agency's appointing authority for retired workers and may charge the
department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly
Rules Committee certifies the nature of the employment and that the
appointment is necessary to fill a critically needed position before 180 days have
passed and approves the appointment in a public meeting. The appointment may
not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California
State University certifies the nature of the employment and that the appointment is
necessary to fill a critically needed position before 180 days have passed and
approves the appointment in a public meeting. The appointment may not be placed
on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program
pursuant to a collective bargaining agreement with the California State 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.
19 of 20 October 6, 2020, Item #4
Cal Gov Code § 7522.56
3
(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible
to be employed pursuant to this section for a period of 180 days following the date of
retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers'
Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the
Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon
retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to
work in the converted position, and the employer is a trial court, or (2) a retiree of the
Judges' Retirement System or the Judges' Retirement System Il who is assigned to serve in a
court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528
§ 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
Note—
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2)
"or firefighter hired to perform a function or functions regularly performed by a public safety
officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for
"Judges' Retirement System I" in subd (i).
20 of 20 October 6, 2020, Item #4
AGENDA RE PO RT City of Poway
CITY COUNCIL
DATE: October 6, 2020
TO:
FROM:
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works
CONTACT:
SUBJECT:
Summary:
Troy DePriest, Assistant Director of Public Works for Utilitiesil)p(858)668-4750 or tdepriest@poway.org
Award of Agreement to Woodard & Curran, Inc. for Preparation of the 2020
Urban Water Management Plan, RFP No. 21-004
A notice inviting proposals for the 2020 Urban Water Management Plan ("UWMP") was duly advertised
on July 16, 2020. Two proposals were received on August 11, 2020. Woodard & Curran, Inc. has been
selected as the firm that best meets the evaluation criteria and suits the needs of the City to complete
the 2020 UWMP. The total cost of the Agreement is not-to-exceed $59,990 and is effective from the
period commencing October 7, 2020, through October 6, 2021. The Agreement may be extended for
up to two (2) additional one-year extensions, subject to Council appropriations. The maximum length
of the Agreement would be up to three years.
Recommended Action:
It is recommended that the City Council award the Agreement for the 2020 Urban Water Management
Plan, RFP No. 21-004, to Woodard & Curran, Inc. for a not-to-exceed amount of $59,990 and authorize
the City Manager to execute the necessary documents.
Discussion:
The California Department of Water Resources ("DWR") requires urban water suppliers that either
provide over 3,000 acre-feet of water annually or serve more than 3,000 urban water connections, to
submit an UWMP every five years (California Water Code §10610-§10656 and §10608). The 2020
UWMP will support the City of Poway's ("City'') long-term water resource planning to ensure that
adequate water supplies are available to meet existing and future water needs.
The 2020 UWMP must
•Assess the reliability of water sources over a 20-year planning time frame;•Describe demand management measures and water shortage contingency plans;•Report progress toward meeting a targeted reduction in per-capita (per person) urban water
consumption by the year 2025; and•Discuss the use and planned use of recycled water.
1 of 22 October 6, 2020, Item #5
The DWR provides direction for the development of UWMPs by issuing a guidebook, developing tools
and conducting workshops. The 2020 UWMP Guidebook draft was released on September 2, 2020,
with a comment period until September 23, 2020. It is anticipated that the final 2020 Guidebook will
include California Water Code changes that regulate urban water management planning in addition
to the above requirements. The 2020 UWMP will provide information on present and future water
supplies and demands and will provide an assessment of the City's water resource needs. It will serve
as a long-range planning document and will be used to accurately reflect future planning for the City's
service areas and its water supply. A draft 2020 UWMP will be brought to the City Council for a public
hearing in June 2021, and if adopted, the 2020 UWMP will be submitted to DWR for review and
approval by the deadline of July 1, 2021.
In order to select and retain a qualified consultant to support in the preparation of the 2020 UWMP
and meet DWR requirements and timeline, City staff prepared a detailed Request for Proposals (RFP).
The RFP was advertised on July 16, 2020. The City received two proposals on August 11, 2020. An
evaluation committee reviewed the proposals based on criteria set forth in the RFP, which included
thoroughness of the RFP, firm and project team qualifications, project understanding, and project
experience. Although cost was also a criteria factor, based on this type of service, the City is not
required to select the lowest bidder. The table below shows the not-to-exceed amounts from the
responsive proposers:
Table 1: RFP 21-004, Urban Water Management Plan
Responsive Proposers
West & Associates
Woodard & Curran, Inc. San Diego, CA $59,990
As a result of the proposal evaluation, the evaluation committee determined that Woodard & Curran,
Inc. provided the most comprehensive and best value proposal, had a clear understanding of DWR
requirements, and precisely defined the approach and methodology to achieve compliance with the
DWR requirements.
Furthermore, Woodard & Curran, Inc. has extensive experience preparing UWMPs, as well as the
development of water conservation plans and programs to meet state mandates. Woodard & Curran,
Inc., is currently providing key support to the San Diego County Water Authority's (SDCWA) 2020
UWMP, which provides them with an understanding of population projections and supply reliability,
and the detailed knowledge of SDCWA's schedule and implications for water retail agencies like the
City. Woodard & Curran, Inc's involvement in both plans will help streamline communication and
data-sharing efforts between the City and SDCWA and ensure the City's 2020 UWMP is compatible
with regional planning efforts.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Funds are available in the Water Supply, Treatment and Storage Division's Fiscal Year 2020-21 Budget
(402060-17200) to award the Agreement to Woodard & Curran, Inc.
2 of22 October 6, 2020, Item #5
Public Notification:
None.
Attachments:
A.Agreement with Woodard & Curran, Inc.
Reviewed/Approved By:
Assistant City Manager
3 of 22
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
October 6, 2020, Item #5
City of Poway STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 7th day of October, 2020, by and between the CITY
OF POWAY (hereinafter referred to as "City") and Woodard & Curran, Inc. (hereinafter referred
to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to provide the
update to the 2020 Urban Water Management Plan; and
WHEREAS, Consultant is an engineering 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
CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1.Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "SpecialProvisions" 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.
4 of22 ATTACHMENT A October 6, 2020, Item #5
5.Confidential Relationship.
City may from time to time communicate to Consultant certain information toenable 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 costand 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 documentsprepared 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 performservices 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 ofany financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
5 of22 October 6, 2020, Item #5
"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 providedit is the type of contract that requires City approval;5.Grant City approval to a contract that requires City approval and towhich 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 guidelinesfor the City, or for any subdivision thereof; or
(B)Serves in a staff capacity with the City and in that capacity participates in makinga governmental decision as defined in the Political Reform Act and/orimplementing 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'sConflict of Interest Code.
DISCLOSURE DETERMINATION:
� 1. Consultant/Contractor will not be "making a government decision" or"serving in a staff capacity" as defined in Sections A and B above. No disclosure required.
D 2.Consultant/Contractor will be "making a government decision" or "servingin 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 Interestwith the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10.No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted,except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11.Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets,accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3)
6of22 October 6, 2020, Item #5
years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12.Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant
accomplishes such services.
13.Licenses, Perm its, 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'snegligent 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.
7 of22 October 6, 2020, Item #5
( c)The foregoing obligations of Consultant shall not apply to the extent that the Claimsarise 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 survivethe 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.
8 of22 October 6, 2020, Item #5
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19.Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions"
attached hereto and made a part hereof.
20.Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the lawsof 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 meanthe 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 andCity 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.
9 of22 October 6, 2020, Item #5
Contractor further provides that in the event Contractor assigns a retired annuitant
receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section
7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all
penalties, fees, employer and employee contributions, or any other assessments imposed by
CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25.Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or
arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity,
illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
10 of 22 October 6, 2020, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:-------------Chris Hazeltine, City Manager
Date: ------------
ATTEST:
Vaida Pavolas, City Clerk
APPROVED AS TO FORM:
By(Jk. 1vldb-
Alan Fenstermacher, City Attorney
11 of 22
CONSULTANT
By:-----------Rosalyn Prickett, Principal-in-Charge
Date: ___________ _
October 6, 2020, Item #5
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall
consist of the services further described in the Scope of Services submitted with the proposals
dated August 11, 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 August 11, 2020, which are included in this document as Attachment 2. Total fee is not to exceed $59,990.00. 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 be effective from the period commencing October 7,2020, and ending October 6, 2021, unless sooner terminated by City as provided in the
section of this Agreement entitled "Termination." This Agreement may be extended for up to two
additional one-year periods upon approval in writing of the City Manager and Consultant. Upon
expiration or termination of this Agreement, Consultant shall return to City any and all
equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D.Consultant's Insurance.
1.Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of
the following insurance coverages:
(a)Comprehensive General Liability. including premises-operations,products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
12 of 22 October 6, 2020, Item #5
(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 theAgreement, 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 andOmissions 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:
13 of 22
City of Poway P.O. Box 789
Poway, CA 9207 4
Woodard & Curran, Inc.
9655 Chesapeake Dr. San Diego, CA 92123
October 6, 2020, Item #5
APPENDIX
SCOPE OF SERVICES
ATTACHMENT 1
The Scope of Work for the project is outlined in the following paragraphs. Woodard & Curran
has made some revisions to the Scope of Work in the RFP to further define the tasks and/or
propose modifications to the tasks that will enhance the project. Additions are shown in
underline and deletions in strikeout.
Project Description: UWMPs are prepared by urban water suppliers every five years. These
plans support the suppliers' long-term resource planning to ensure that adequate water supplies are available to meet existing and future water needs. The City is requesting
proposals from interested engineering firms to perform the UWMP update to meet the
requirements of the Urban Water Management Planning Act ("Act") and the Water
Conservation Bill of 2009 (SB X7-7). In accordance with the Act, every water supplier that either provides over 3,000 acre-feet of water annually, or serves more than 3,000 urban
connections, is required to assess the reliability of its water sources over a 20-year planning
horizon and report its progress on 20 percent reduction in per capita urban water consumption
by the year 2020. In addition, in order for an agency to be eligible for Department of Water
Resources (DWR) grants or loans, the agency must have a current UWMP on file that has been deemed by DWR to comply with the requirements of the Water Code.
The following are general descriptions of the major work tasks:
TASK 1 -Project management and meetings
Coordination and communication between City staff, the consultant, agencies and other stakeholders.
1.Documentation review
2.Kickoff meeting
3.Project administration
4.Prepare schedules
5.Project quality assurance/quality control program
6.Progress meetings and reporting
7.Management support and presentations to include the following at minimum:
a)Attend the City Council public hearing
8.Meetings shall be held as often as deemed necessary, with meetings between
Consultant and City's UWMP team assumed at least monthly for the duration of
the project. Project team meetings with project stakeholders will be held asneeded. Minutes of all the meetings will be prepared by the Consultant and
furnished to attendees and concerned parties within five working days of the
meeting.
14 of 22 October 6, 2020, Item #5
ATTACHMENT 1
TASK 2 -Data collection and review of background documents
Review existing documentation, records and GIS maps. Data to be requested from the City is expected to include, but is not limited to, current GIS shapefiles of the City's
boundaries, water distribution, and recycled water distribution systems, 2020 water use
data by customer class, A'MNA Water Loss Audits for the past five years, and
information on proposed or anticipated developments that were not previously incorporated into SANDAG's Interim Series 14 model, which forms the basis for the San
Diego County Water Authority's 2020 UWMP projections.
TASK 3 -Outreach to and coordination with other agencies and
stakeholders
1.Coordination with County Water Authority to provide data for use in preparing theUWMP; to obtain water supply forecasts, reliability assessments, and watershortage contingency planning for the region; and for discussion of imported water
quality.
2.Coordination with DWR as necessary.
3.Draft notice of UWMP preparation.
TASK 4 -UWMP Preparation and Submittal
1.Update description including maps, description of climate, population anddemographics
2.Calculate and describe system water use:
a)Water use by sector
b)Water use for lower income households
c)Optional tasks consultant to provide recommendation:
d)Water savings from codes, standards, etc., as expected to be required by DWR's2020 Guidebook
e)Climate change impacts on water use, as expected to be required by DWR's 2020
Guidebook
3.Calculate and describe baselines and targets
a)
b)
c)
d)
e)
f)
15 of 22
Revise population estimates as required by DWR, anticipated to be derived from
County Water Authority and SANDAG projections, or from DWR's Population Tool
Modify the City's existing water service area and recycled water service area
boundary maps to meet DWR requirements
Prepare boundary maps as required to reflect changes during the baseline period
Recalculate baseline and target gpcd values
Prepare Gross Water Use for each baseline year utilizing the City's billing records,
production records, etc.
Calculate baseline and target gpcd
2 October 6, 2020, Item #5
ATTACHMENT 1
4.Quantify and describe system water supplies and water sources, existing andprojected:
a)Water imported from San Diego County Water Authority
b)Wastewater collection, treatment and disposal
c)Title 22 recycled water
d)Planned potable reuse
e)Optional Climate change impacts to supply, as expected to be required by
DWR's 2020 Guidebook. Consultant provides recommendation
5.Update Water Supply Reliability Assessment
6.Update Water Shortage Contingency Planning
7.Describe Demand Management Measures
8.Prepare the optional water energy intensity report
9.Submit Plan to □WR electronically, to include data entry of plan to the on line WUE
database
10.Respond to questions from the public and DWR
11.Collate all data into prescribed format described in guidelines
TASK 5 -Presentations
1.Prepare materials including exhibits, presentations and notices
2.Presentation to staff at meetings
3.Presentation to the City Council at the public hearing
TASK 6 -Project Deliverables
Consultant shall provide five (5) copies of all draft deliverables and 3 copies of all final deliverables unless otherwise specified. Additionally, an electronic version (indexed
Adobe Acrobat format) of each deliverable shall be provided.
1.Technical memorandums on the major topics of the UWMP prior to the 75%submittal
2.75% Draft, 100% Draft Final, Final
a)All text, databases and graphics
b)Graphic displays for City Council public hearing or other meetings
3.Supporting documentation after final document is complete
16 of 22
c)Word files
d)Excel files
e)PowerPoint files
f)Calculations including assumptions and methodologies used
3 October 6, 2020, Item #5
ATTACHMENT 1
g) Correspondence with DWR, CWA and other external stakeholders
4 17 of 22 October 6, 2020, Item #5
.... 00 0 .... N N
FEE PROPOSAL
Cost Breakdown By Task For URBAN WATER MANAGEMENT PLAN Estimated hours per task and labor category. Consultant will invoice the City for actual hours expended per task, not to exceed the contract amount.
Task 1: Project Task 2: Task 3: Task 4: Labor Management/ Data Outreach/ UWMP Task 5: Task 6: Project Total Hours Total Cost Category Meetings Collection Coordination Preparation/ Presentation Deliverables Submittal
Principal $1,156.00 $0.00 $578.00 $0.00 $0.00 $578.00 8 $2,312.00
Project $8,736.00 $1,092.00 $1,365.00 $3,276.00 $2,184.00 $4,095.00 76 $20,748.00 Manager
Compliance $1,028.00 $257.00 $0.00 $0.00 $0.00 $2,827.00 16 $4,112.00 and QA/QC
Water Resources $2,988.00 $2,988.00 $996.00 $14,608.00 $1,328.00 $5,976.00 174 $28,884.00 Engineer
Technical $452.00 $0.00 $0.00 $0.00 $0.00 $1,582.00 18 $2,034.00 Writer
Admin $1,130.00 $0.00 $0.00 $0.00 $0.00 $0.00 10 $1,130.00
Total Labor $15,490.00 $4,337.00 $2,939.00 $17,884.00 $3,512.00 $15,058.00 302 $59,220.00
Other Direct $110.00 $0.00 $0.00 $0.00 $0.00 $660.00 0 $770,00 Costs
TOTAL $15,600.00 $4,337.00 $2,939.00 $17,884.00 $3,512.00 $15,718.00 302 $59,990.00 CONTRACT October 6, 2020, Item #5
ATTACHMENT 2
Hourly Service Rate
Labor Category Hourly Rate (Examples of position titles. Actual
positions and titles may be different and
must be filled in by the proposer)
Principal $289
Project Manager $273
Compliance and QA/QC $257
Water Resources Engineer $166
Technical Writer $113
Admin $113
19 of 22 October 6, 2020, Item #5
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular
Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7
Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public
Employees' Pension Reform Act of 2013
§7522.56. Provisions applicable to person receiving pension benefit from publicretirement 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)
20 of 22
(!)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
October 6, 2020, Item #5
appointment described in this section, the retired person received any unemployment
insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting
an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment
insurance compensation as described in this subdivision shall terminate that
employment on the last day of the current pay period and shall not be eligible for
reappointment subject to this section for a period of 12 months following the last day
of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period
of 180 days following the date of retirement unless he or she meets one of the following
conditions:
21 of 22
(1 )The employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed position before 180 days have passed and the
appointment has been approved by the governing body of the employer in a public
meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state
employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed state employment position before 180 days
have passed and the appointment has been approved by the Department of
Human Resources. The department may establish a process to delegate
appointing authority to individual state agencies, but shall audit the process to
determine if abuses of the system occur. If necessary, the department may assume
an agency's appointing authority for retired workers and may charge the
department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly
Rules Committee certifies the nature of the employment and that the
appointment is necessary to fill a critically needed position before 180 days have
passed and approves the appointment in a public meeting. The appointment may
not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California
State University certifies the nature of the employment and that the appointment is
necessary to fill a critically needed position before 180 days have passed and
approves the appointment in a public meeting. The appointment may not be placed
on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program
pursuant to a collective bargaining agreement with the California State University
that existed prior to January 1, 2013, or has been included in subsequent agreements.
October 6, 2020, Item #5
(4)The retiree is a public safety officer or firefighter hired to perform a function or
functions regularly performed by a public safety officer or firefighter.
(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible
to be employed pursuant to this section for a period of 180 days following the date of
retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers'
Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the
Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon
retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to
work in the converted position, and the employer is a trial court, or (2) a retiree of the
Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a
court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015.Annotations
Notes
Amendments:
Note--
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2)
"or firefighter hired to perform a function or functions regularly performed by a public safety
officer or firefighter" for "of firefighter" in subd (f)( 4 ); and (3) "Judges' Retirement System" for
"Judges' Retirement System I" in subd (i).
22 of 22 October 6, 2020, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
October 6, 2020
Honorable Mayor and Members of the City Council
Wendy Kaserman, Assistant City Manager �I,(..
Roger Morrison, Senior Management Analyst
(858)668-4581 or rmorrison@poway.org
CITY COUNCIL
Award of Bid to Knorr Systems Inc. for Pool Maintenance and Repair, RFP 21-
006
A Request for Proposals for Pool Maintenance and Repair was posted on Eb id board on August 3, 2020.
One proposal was received on August 24, 2020. Staff reviewed the proposal and is recommending
award of the agreement to Knorr Systems Inc. As the proposal amount is greater than the existing
budget, an appropriation of $13,401 would be required to award the agreement.
Recommended Action:
It is recommended that the City Council appropriate $13,401 from the General Fund unassigned fund
balance to account 203020-41200, award the agreement for Swim Center Maintenance and Repair to
Knorr Systems Inc. in the amount of $31,341, and authorize the City Manager to execute all necessary
documents associated with the agreement.
Discussion:
Proactive maintenance of the pool equipment includes monthly, semiannual, and annual inspections
and maintenance of pumps, filters, heaters, chemical feed systems, and an ultraviolet disinfection
system. Regular maintenance and inspection of this equipment provides uninterrupted operation of
the swim center and also prolongs the life of the equipment.
The Request for Proposals was posted on Ebidboard, a comprehensive database for public projects
that is used by many local agencies. It was also advertised in the newspaper on August 6 and August
13, 2020. Five potential proposers registered, two companies attended the mandatory walk-through
on August 19, and one proposal was received on August 24, 2020.
Because of the specialized work required to maintain a large swim center such as the City's, residential
pool contractors are generally not qualified for this task. The sole proposer, Knorr Systems Inc.,
1 of 4 October 6, 2020, Item #6
provides swim center maintenance services to a variety of public agencies including cities and school districts, and has all the qualifications necessary to complete the maintenance successfully.
The total proposal amount of $31,341 is greater than the existing budget of $17,940. An appropriation
of $13,401 from the General Fund unassigned fund balance would therefore be required to award the agreement. Staff is recommending the appropriation and award based on the qualifications of the
proposer and the need to maintain the equipment.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
There is $17,940 in the Fiscal Year 2020-21 budget, account 203020-41200, for swim center maintenance. Approval of the staff recommendation would appropriate $13,401 from General Fund unassigned fund balance to account 203020-41200. Sufficient funds are available for this request.
Future years' contract amounts will be included with the annual budget for City Council's consideration.
Public Notification:
A legal notice of the Request for Proposals was published in the Poway News Chieftain on Thursday, August 6, 2020, and Thursday, August 13, 2020.
Attachment:
A.Agreement for Pool Maintenance and Repair
Reviewed/ Approved By:
��t-----Wendserman Assistant City Manager
2 of 4
Reviewed By:
Alan Fenstermacher City Attorney
Approved By:
Chr� City Manager
October 6, 2020, Item #6
CONTRACT
POOL MAINTENANCE AND REPAIR
THIS CONTRACT, made and concluded in duplicate, this 6th day of October, 2020, and
effective November 1, 2020, between the City of Poway, hereinafter referred to as "City" and Knorr Systems Inc., hereinafter referred to as "Contractor."
ARTICLE I. That for and in consideration of payments and agreements hereinafter
mentioned, to be made and performed by the City, and under the conditions expressed in the bonds attached hereto, if any, Contractor agrees with City at Contractor's cost and
expense, to do all the work and furnish all the materials except such as are mentioned in
the Specifications (attached hereto) necessary to construct and complete in good,
workmanlike and substantial manner, all to the satisfaction of the City of Poway, in
accordance with the Special Provisions for this project as set forth herein.
ARTICLE II. Said Contractor agrees to receive and accept as full compensation for
furnishing all materials and doing all the work contemplated and embraced in the Contract
an amount equal to the sum of the totals for the items of work. The total for each item of
work shall be calculated by determining the actual quantity of each item of work and multiplying that actual quantity by the unit price proposal by the Contractor for that item
of work. Contractor further agrees to be responsible and hold City harmless from all loss
or damage arising out of the nature of work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by City. Contractor agrees to be
responsible and hold City harmless from all risks of every description and under the
control of Contractor pursuant to the terms of the Contract, and connected with Contractor's performance of this Contract. The Contractor is responsible for all expenses incurred by or in consequence of the suspension or discontinuance of work, and/or
faithfully completing the work, and the whole thereof, in the manner and according to the
Plans and Specifications and requirements of the City.
ARTICLE Ill. The City hereby agrees and promises the Contractor to employ, and does
hereby employ, said Contractor to provide the materials and to do the work according to
the terms and conditions herein contained and referred to, for the prices stated, and
hereby Contracts to pay the same at the time, in the manner, and upon the conditions above set forth. Said parties for themselves, to their heirs, executors, administrators, successors and assigns, do hereby agree to full performance of the Covenants herein
contained.
ARTICLE IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said
Contractor, then this instrument shall control and nothing herein shall be considered as
an acceptance of the said terms of proposal conflicting herewith.
ARTICLE V. As set forth in Section 11, item 35, Contractor shall defend and otherwise hold City, its elected and appointed officials, employees, agents, and volunteers harmless
from any and all claims, complaints, causes of action, of any nature whatsoever, arising
3 of 4 ATTACHMENT A October 6, 2020, Item #6
from Contractor's performance of the Contract. In performance of this Provision,
Contractor shall name City as additional insured on a policy of general liability as required
per Section II, item 21. The Covenant contained herein applies to all sums paid as a result
of the above claims, including court costs and reasonable attorney fees and other
litigation expenses whether or not the matter results in judgment.
ARTICLE VI. Pursuant to Public Contract Code Section 22300, provisions for substitution
of securities for performance retentions will be allowed.
ARTICLE VII. EACH AND EVERY COVENANT, CONDITION AND PROMISE contained in the Specifications, General Provisions, and Special Provisions for said project are
herein incorporated by reference as if fully set forth herein and constitute a material part
of the consideration to the City in entering into this Contract with Contractor.
IN WITNESS WHEREOF, the parties to those present have hereunto set their names in
the year and date first above written.
CONTRACTOR: Knorr Systems Inc. Date: -----Company Name
BY: --------------------Signature of Contractor's Authorized Representative
PRINT NAME: ----------------
CITY OF POWAY:
BY: Date: -------------------------Chris Hazeltine, City Manager
ATTEST:
BY: Date: -------------------------Vaid a Pavolas, CMC, City Clerk
Approved as to form:
BY: Date: -------------------------A I an Fenstermacher, City Attorney
4of4 October 6, 2020, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
October 6, 2020
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development ServicesfA/\
Melody Rocco, City Engineer�
885-668-4653 or mrocco@poway.org
CITY COUNCIL
Resolutions Authorizing the Submittal of Applications for Grant Funds from the
Highway Safety Improvement Program (HSIP) and Local Roadway Safety Plan
(LRSP) Program
The City plans to apply for grants to help fund traffic improvements along Poway Road and possibly
other locations. City Council authorization by resolution is required for applications for grant funds
from the Highway Safety Improvement Program (HSIP) and Local Roadway Safety Plan (LRSP)
program. This funding would assist in the design and construction of transportation mobility
improvements identified in the Poway Road Specific Plan and would assist in the development of a
Citywide LRSP.
Recommended Action:
It is recommended that the City Council take public input, adopt the Resolutions authorizing the
submittal of grant applications for the HSIP and LRSP programs, authorize the expenditure of up to
$8,000 in matching funds for the LRSP grant, and accept the LRSP grant funds should the grant
application be approved.
Discussion:
Highway Safety Improvement Program (HSIP}
The HSIP is a Federal-aid program with the purpose to achieve a significant reduction in traffic
fatalities and serious injuries on all public roads, including non-State-owned roads. Caltrans Division
of Local Assistance (DLA) announced the Cycle 1 O Call for Projects for the HSIP on May 5, 2020.
HSIP grants are awarded based on demonstrating the benefit of the improvements on safety,
specifically the quantification of the benefit-cost ratio (BCR). Benefit-Cost Analysis is a method that
determines the future risk reduction benefits of a hazard mitigation project and compares those
benefits to its costs. The result is a BCR. A project is typically considered cost-effective when the BCR
is 1.0 or greater.
1 of 5 October 6, 2020, Item #7
The Poway Road Specific Plan transportation mobility improvements would be considered for the
grant application. Specifically, signal modifications such as synchronization/optimization and
Intelligent Transportation Systems adaptive traffic signal control would be considered among other
improvements. Signal modifications have demonstrated Crash Reduction Factors and high systemic
approach opportunities. A systemic approach focuses on evaluating an entire roadway network using
defined criteria.
The total funds available for HSIP Cycle 10 is estimated at approximately $220 million. There is no
limit to agency applications, but funding is capped at $10 million per agency. HSIP funding eligibility
can range from 50 to 100 percent of the project cost, therefore no local supplemental funding is
required if approved at 100 percent. The HSIP grant application submittal is due October 19, 2020.
The HSIP is a competitive program and awarded based on demonstrating the benefit of the
improvements on safety, specifically the quantification of the BCR.
The application for the HSIP grant is currently being completed and a full detailed scope for the
application has not yet been developed. The project area will include improvements on Poway Road
between Oak Knoll Road and Garden Road. Staff will return to City Council to accept the grant funding
should the application be approved. The full details of the project scope will be provided at that time.
Local Road Safety Plan (LRSP) Program
Federal regulations require each State to have a Strategic Highway Safety Plan (SHSP). A SHSP is a
statewide data-driven traffic safety plan that coordinates the efforts of a wide range of organizations
to reduce traffic accident fatalities and serious injuries on all public roads. In coordination with safety
stakeholders, the SHSP establishes goals, objectives, and emphasis (or challenge) areas. The SHSP
addresses the "4Es" of traffic safety: Engineering, Enforcement, Education, and Emergency Services.
While the SHSP is used as a statewide approach for improving roadway safety, the LRSP can be a
means for providing cities with local and rural roads an opportunity to address unique highway safety
needs in their jurisdictions while contributing to the success of the SHSP. The process of preparing
an LRSP creates a framework to systematically identify and analyze safety problems and recommend
safety improvements. Preparing a LRSP facilitates the development of local agency partnerships and
collaboration, resulting in a prioritized list of improvements and actions that can demonstrate a
defined need and contribute to the statewide plan, the SHSP. The LRSP offers a proactive approach
to addressing safety needs and demonstrates agency responsiveness to safety challenges.
In the future a LRSP or its equivalent, such as Systemic Safety Analysis Report or Vision Zero Action
Plan, will be required for an agency to be eligible to apply for federal HSIP funds. Both equivalent
reports utilize data, such as accident data, to identify factors that impact roadway safety. Having an
approved LRSP will position the City for applying for future HSIP grants.
The California Traffic Commission (CTC) allocated $8 million of State funds in June 2020 to the LRSP
Program for the purpose of assisting local agencies in developing their LRSP. The funds are awarded
on a "first come first serve" basis. There is no application deadline. Caltrans will continue to accept
applications as long as the funding is available.
The maximum LRSP funding amount is calculated based on the population, the roadway centerline
miles, and lane miles of the agency. Funding cannot exceed 90 percent of the total project cost
therefore, grants require a 10 percent local match. Currently funded LRSPs range from $60,000 to
$80,000 (total cost) in Caltrans District 11. Therefore, a local match up to $8,000 of the total cost is
required.
2 of 5 October 6, 2020, Item #7
Environmental Review:
This action to submit applications for grant funding is not subject to review under the California
Environmental Quality Act (CEQA) guidelines. However, as a requirement of the HSIP grant
application, CEQA review must have been completed for the submitted projects prior to application
submittal. The Poway Road Corridor Specific Plan Environmental Impact Report satisfies this
requirement for the projects along Poway Road.
Fiscal Impact:
Submitting the grant applications has no fiscal impact. Should the CTC approve the LRSP grant, a 1 0
percent match, up to $8,000 will be required. Sufficient funds are available in the Traffic Engineering
budget (307040-17140) for the City's required match.
Public Notification:
None.
Attachments:
A.Resolution Authorizing the Submittal of an Application for Grant Funds for the Highway
Safety Improvement Program (HSIP)
B.Resolution Authorizing the Submittal of an Application for Grant Funds for the Local Road
Safety Plan (LRSP) Program
Reviewed/Approved By:
I .� )\' ''i-11 �--
Wendy K serman
Assistant City Manager
3 of 5
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
October 6, 2020, Item #7
RESOLUTION NO. 20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN
APPLICATION FOR GRANT FUNDS FOR THE HIGHWAY SAFETY
IMPROVEMENT PROGRAM (HSIP)
WHEREAS, the overall purpose of the California Highway Safety Improvement Program
(HSIP) is to achieve a significant reduction in traffic fatalities and serious injuries on the State's public roads through the implementation of infrastructure-related highway and street safety
improvements;
WHEREAS, the City has made a commitment to promote effective, safe, and efficient
transportation mobility consistent with the General Plan Transportation Master Element;
WHEREAS, Highway Safety Improvement Program (HSIP) transportation mobility
improvements such as signal modifications such as synchronization/optimization, and Intelligent Transportation Systems (ITS) adaptive traffic signal control and other improvements are potential
safety improvement measures; and
WHEREAS, funding for local agency infrastructure projects is available in Cycle 10 of the
California Highway Safety Improvement Program (HSIP).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: Authorize the submittal of a grant application to the California Highway Safety
Improvement Program (HSIP) for traffic safety improvements.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of
Poway, California on the 6th day of October, 2020 by the following vote to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Vaida Pavolas, CMC, City Clerk
4 of 5 ATTACHMENT A October 6, 2020, Item #7
RESOLUTION NO. 20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN
APPLICATION FOR GRANT FUNDS FOR THE LOCAL ROADWAY
SAFETY PLAN (LRSP) PROGRAM
WHEREAS, the Local Roadway Safety Plan (LRSP) provides a framework to identify,
analyze, and prioritize roadway safety improvements on local roads;
WHEREAS, a LRSP will be required for the City to be eligible for future Highway Safety
Improvement Program (HSIP) grant funds;
WHEREAS, funding is available from the California Traffic Commission (CTC) in the Local
Roadway Safety Plan (LRSP) program;
WHEREAS, the City ha$ made a commitment to promote effective, safe, and efficient transportation mobility consistent with the General Plan Transportation Master Element; and
WHEREAS, funding is available of up to $8,000 or 10% for required matching funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: Authorize the submittal of a grant application to the LRSP Program for the
preparation of a Citywide safety plan.
SECTION 2: Accept grant funds from the LRSP Program should the grant be approved.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City
of Poway, California on the 6th day of October, 2020 by the following vote to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Vaida Pavolas, CMC, City Clerk
5 of 5 ATTACHMENT 8 October 6, 2020, Item #7
DATE:
TO:
FROM:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
October 6, 2020
Honorable Mayor and Members of the City Council
Vaida Pavolas, CMC, City Clerk \J
(858)668-4535 or vpavolas@poway.org
CITY COUNCIL
Resolution Designating Director and Alternate Representatives for California
Joint Powers Insurance Authority UPIA)
Article 7 of the California Joint Powers Insurance Authority (Cal JPIA) Agreement requires each member
City to designate a Director and Alternate Representatives for voting purposes at the Board of
Directors annual meeting. The designated positions require an update to reflect position title changes
since the last update in 2009.
Recommended Action:
It is recommended that the City Council adopt the Resolution.
Discussion:
The California JPIA UPIA) was established in 1978 for the purpose of providing liability protection for
its members and is currently one of the largest municipal self-insurance pools in the state, with over
120 participating members. The JPIA holds an annual Board of Directors meeting to establish JPIA
policies and business. The 2020 annual meeting is scheduled for October 28, 2020. The JPIA requires
that each City's voting representative be designated by their City Council. The primary voting delegate
must be a member of the City Council, however, the alternate(s) may be a staff member.
The proposed Resolution (Attachment A) updates the alternate representatives to reflect position title
changes since the last update in 2009. Staff recommends that the Mayor remain the City's primary
representative and that the City Manager, Director of Human Resources/Risk Management, and
Senior Management Analyst in the Human Resources and Risk Management Department be
appointed as alternate representatives.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
1 of 3 October 6, 2020, Item #8
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A.Resolution
Reviewed/ Approved By:
wend Kaserman
Assistant City Manager
2 of 3
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
-.
October 6, 2020, Item #8
3 of 3 ATTACHMENT A October 6, 2020, Item #8
RESOLUTION NO. 20-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPOINTING A DIRECTOR AND ALTERNATE(S) TO THE BOARD OF DIRECTORS OF THE
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (JPIA) AND REPEALING RESOLUTION NO. 09-043 WHEREAS, the City of Poway is a member of the California Joint Powers Insurance Authority (JPIA), and the City Council is entitled to appoint a voting delegate and alternate voting delegates to the California JPIA’s Board of Directors. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Poway as follows: SECTION 1: That the following positions are appointed as Director and Alternates of the California JPIA’s Board of Directors: Director: Mayor
Alternates: City Manager Director of Human Resources/Risk Management Senior Management Analyst
SECTION 2: That Resolution No. 09-043 is hereby repealed.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 6th day of October, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED:
________________________________ Steve Vaus, Mayor
ATTEST:
__________________________________ Vaida Pavolas, CMC, City Clerk
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
October 6, 2020
Honorable Mayor and Members of the City Council
Vaida Pavolas, City Clerk
(858)668-4535 or vpavolas@poway.org
CITY COUNCIL
Second Reading and Adoption of Ordinance No. 844 entitled "An Ordinance of
the City Council of the City of Poway, California, Amending Sections 8.68.130,
8.68.145, 8.68.155, and 8.68.170 of Chapter 8.68 (Solid Waste Management) of
the Poway Municipal Code"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City
Council Meeting on September 15, 2020. There were no speakers. One person submitted a written
comment via email.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALI Fl ED:
MULLIN, LEONARD, GROSCH, FRANK, VAUS
NONE
NONE
NONE
NONE
It is recommended that the City Council adopt Ordinance No. 844.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
1 of7 October 6, 2020, Item #9
Public Notification:
A summary notice was published in the Poway News Chieftain on Thursday, September 24, 2020. A second summary notice will be published in the same publication on Thursday, October 15, 2020. A
certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933.
Attachments: A.Ordinance No. 844
Reviewed/Approved By:
W�nd aserman Assistant City Manager
2 of7
Reviewed By:
Alan Fenstermacher City Attorney
Approved By:
City Manager
October 6, 2020, Item #9
ORDINANCE NO. 844
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING SECTIONS 8.68.130, 8.68.145, 8.68.155, AND 8.68.170 OF CHAPTER 8.68 (SOLID WASTE MANAGEMENT) OF THE POWAY MUNICIPAL CODE
WHEREAS, the City Council desires to protect its citizens’ health, safety and welfare, and enhance the quality of life for all of the City’s residents;
WHEREAS, Chapter 8.68 of the Poway Municipal Code (“PMC”) authorizes the City to determine all aspects of solid waste handling which are of local concern;
WHEREAS, the City Council wishes to ensure that the PMC continues to comply with all applicable state and federal law, and update the PMC so that it accurately reflects realities on the ground;
WHEREAS, the City seeks Ordinance amendments to four sections of Chapter 8.68 of the PMC to reflect residential and commercial service collection updates required to address state organic recycling requirements;
WHEREAS, Section 8.68.130 of the PMC sets forth container requirements for automated service collection for solid waste and recyclables, but excludes automated service for yard waste;
WHEREAS, Section 8.68.145 of the PMC sets forth requirements for the placement of containers for collection and outlines repair and replacement responsibilities for containers;
WHEREAS, Section 8.68.155 of the PMC references frequency, types of solid waste collected, and method of collection for commercial service;
WHEREAS, Section 8.68.170 of the PMC references commercial service container
service requirements;
WHEREAS, the City now desires to implement automated residential service collection for yard waste and other compostables to comply with state organic recycling requirements;
WHEREAS, the City desires to include compostables as a type of commercial solid waste and provide a method for their storage and collection; and
WHEREAS, in addition to being described herein, all the changes proposed to sections 8.68.130, 8.68.145, 8.68.155, and 8.68.170 of Chapter 8.68 of the PMC are included herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: The City Council hereby approves this Ordinance and amends Sections 8.68.130, 8.68.145, 8.68.155, and 8.68.170 of Chapter 8.68 of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline.
3 of 7 October 6, 2020, Item #9ATTACHMENT A
SECTION 3: Section 8.68.130 of the Poway Municipal Code is hereby amended as follows:
8.68.130 Residential collection – Containers
Franchisee shall provide residential customers appropriate containers for automated collection of solid waste, and recyclables, and yard waste or other
compostables. At least Ttwo variable container sizes shall be made available to residential customers for the storage and collection of solid waste. No other type of container may be utilized for collection at residential premises designated to
receive curbside service by the City’s exclusive franchise agreement.
Until implementation of any automated service program for the collection of yard waste or other compostables as may be later directed, the standard size
container for residential yard waste collection services shall not exceed a standard 32-gallon container or 50 pounds, unless otherwise agreed to by the City Council. The combined weight of the container and contents shall not exceed
50 pounds unless the container is designed and franchisee equipped for mechanical lifting. Franchisee shall affix to every metal or plastic waste container which no longer holds yard waste or other compostables without spilling or leaking, a bilingual, Spanish/English red tag advising that such a container is unsuitable for presenting yard waste or other compostables for collection and the continued use of that container will result in its disposal.
If solid waste placed for curbside residential collection are not collected, the person who placed the solid waste materials is entitled to receive a bilingual,
English/Spanish red tag explaining the Franchisee’s inability to collect and dispose of the materials, whether due to unauthorized container, improper placement of the container, contamination by nonrecyclable materials, or other reason.
SECTION 4: Section 8.68.145 of the Poway Municipal Code is hereby amended as follows:
8.68.145 Residential collection – Placement of containers for collection.
Occupants and owners of residential premises shall set out or place containers for the collection of solid waste, recyclables, yard waste or other compostables as follows:
A. Proper Placement of Containers. Any container or receptacle for the purpose of storage and removal of solid waste, recyclables, yard waste and other
compostables shall be placed at the curb in front of the owned or occupied premises, there to be collected by the franchisee; provided, that the franchisee may designate some other location for the placement of containers and receptacles when such placement will expedite collection.
B. Improper Placement of Containers. No residential owner or occupant shall place, or permit to be placed, any solid waste, recyclables, yard waste, or other compostables containers in any public highway or in any place or in any manner
4 of 7 October 6, 2020, Item #9
other than provided in subsection A of this section. Any containers and materials not properly placed for collection shall be tagged by the franchisee with a Spanish/English red tag explaining the reason for noncollection.
C. Timing of Placement and Removal of Containers. Residential owners or occupants shall not place containers for solid waste, recyclables, yard waste or
other compostables for collection at any time other than the days established by the franchisee, and then, no earlier than sunset of the day preceding the day designated for collection. All containers for solid waste, recyclables, yard waste
and other compostables shall be removed from the place of collection prior to midnight of the day the containers have been emptied. Residents shall be mindful (and the franchisee shall make periodic announcements to confirm) that services
are not provided on certain recognized holidays and that service normally scheduled for that holiday will be provided the following normal working day.
D. Repair and Replacement. Each owner or occupant of residential premises shall
provide reasonable supervision over the containers for yard waste and other compostables on the premises and shall maintain the same in a sanitary condition. Franchisee shall repair or replace all customer-owned residential containers damaged by collection operations, normal wear and tear excluded. Franchisee shall retain ownership of automated containers provided to residents for the purpose of storing solid waste, and recyclables, yard waste or other compostables. Franchisee shall replace and/or repair damaged automated containers during the term of the franchise agreement. If the containers or
receptacles should not be emptied and the contents removed on the date and time scheduled by the franchisee, occupant shall immediately notify the franchisee and it shall be the duty of the franchisee to forthwith arrange for the collection and disposal of the solid waste, yard waste, and other compostables, and/or collection of recyclables. However, should the owner or occupant fail to place the materials at the designated location in time for regular collection, the
franchisee is not obligated to make a special, separate collection for the convenience of the occupant and may require payment of an additional fee for such late collection. (Ord. 592 § 2, 2004; Ord. 448 § 2, 1995)
SECTION 5: Section 8.68.155 of the Poway Municipal Code is hereby amended as follows:
8.68.155 Commercial collection services – Frequency. Franchisee shall collect and deliver to the appropriate solid waste management facility all solid waste, recyclables, yard waste, and other compostables generated
by customers at commercial premises within the City who have contracted for services and delivered their materials to a bin or otherwise properly placed for collection; service shall be provided not less than once per week.
Franchisee may subcontract with commercial firms (subcontractors) to collect and dispose of waste materials which franchisee is not licensed to remove and which present specialized problems. Such collections shall be performed with suitably licensed collection/disposal firms in accordance with PMC 8.68.350.
5 of 7 October 6, 2020, Item #9
Service to commercial customers shall include providing suitable bins for the collection and disposal of general refuse according to a frequency as individually contracted by the customer. This service shall also include collection and recycling of compostables, green waste, aluminum, newspaper, glass, plastic, metal cans, cardboard, mixed paper, and office ledger paper. The City may, at its discretion,
add other materials to be recycled during the term of the franchise agreement. The franchisee shall provide consultative services, at no additional charge, to commercial, industrial and multifamily (central collection bins) customers to assist
in setting up effective recycling and waste minimization programs.
SECTION 6: Section 8.68.170 of the Poway Municipal Code is hereby amended as follows:
8.68.170 Commercial collection – Solid waste containers.
Franchisee shall provide containers, bins, and debris boxes for storage of solid waste which shall be designed and constructed to be watertight and prevent the
leakage of liquids. All containers with a capacity of one cubic yard or more shall meet applicable Federal regulations on solid waste bin safety. All containers shall be painted the franchisee’s standard color and shall prominently display the name and telephone number of the franchisee in letters and numbers no less than two and one-half inches high. Similarly, the words “Serving the City of Poway” shall be displayed beneath the franchisee’s name. Franchisee shall not place the City’s logo on its containers. To attain certain economies, some customers may request specialized services such as compactors, roll-off, or custom-built containers, etc.
The sale, lease, rental of such equipment, or their provision by the customer, may be negotiated by the latter and the franchisee. Information relating to any such agreements shall be forwarded to the Director of Public Works.
A. Cleaning, Painting, Maintenance. Once every 12 months franchisee shall replace, clean or repaint all commercial containers as needed so as to present a clean appearance. In addition, franchisee shall do the same upon 48 hours’ oral
notice by the Director of Public Works. Franchisee shall maintain all containers in a functional condition and shall remove graffiti immediately.
B. Repair and Replacement. Franchisee shall repair or replace all customer-owned nonresidential containers damaged by collection operations, normal wear and tear excluded.
SECTION 7: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
6 of 7 October 6, 2020, Item #9
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 15th day of September 2020, and thereafter
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 6th day of October, 2020 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
________________________________ Steve Vaus, Mayor
ATTEST:
____________________________ Vaida Pavolas, CMC, City Clerk
7 of 7 October 6, 2020, Item #9
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
October 6, 2020
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
(858)668-4508 or afenstermacher@poway.org
CITY COUNCIL
Resolution confirming and authorizing recovery of costs incurred to abate public
nuisance at 14441 Range Park Road
Following extensive efforts to achieve voluntary compliance, the City Council determined that
conditions at 14441 Range Park Road ("Property'') constituted a public nuisance based on violations
of the Poway Municipal Code ("PMC") and a stipulated judgment entered by the Superior Court in 2017
("Stipulated Judgment"), and authorized the City Attorney's Office to obtain an inspection and
abatement warrant that would allow forcible abatement of the nuisance. After providing the Property
owners with additional time to voluntarily comply with the Stipulated Judgment and the PMC, the City
sought and secured such a warrant (Attachment B).
Following the issuance of the warrant, the Property owners brought the Property into reasonable
compliance with the PMC and Stipulated Judgment. However, State law and the PMC entitle the City
to recover its abatement costs, including attorneys' fees and costs, because the City was forced to
obtain a warrant to induce compliance. This action requests that the City Council confirm those costs
(Attachment C) and authorize recovery from the Property owners, including placing the amounts owed
on the property tax rolls, if the confirmed costs go unpaid.
Recommended Action:
It is recommended that the City Council adopt the proposed Resolution (Attachment A) confirming the
costs incurred abating public nuisances, ordering payment, and authorizing recovery of the same,
including placement of any uncollected costs on the property tax rolls.
Discussion:
The City has been engaged in Code Compliance efforts regarding the Property since 1992, largely
relating to extensive accumulation of junk. Over the course of many years, the City attempted to
secure voluntary compliance with the PMC through a number of methods, including notice of violation
letters, conducting on-site inspections, issuing administrative citations, and providing extensions of
time.
1 of 38 October 6, 2020, Item #10
In September 2016, after exhausting all efforts to obtain voluntary compliance, the City filed a civil
action against the Property owners seeking injunctive relief and damages, alleging that the Property
was maintained in violation of a number of applicable property maintenance standards including (i)
storage of inoperable vehicles; (ii) keeping more than the maximum number of large animals; and
(iii)accumulation of a copious amount of junk. To resolve this lawsuit, the City and the owner entered
into the Stipulated Judgment in August 2017, over which the court has continuing jurisdiction to
enforce. The Stipulated Judgment contains very specific requirements, including how and where any
junk that remains on the Property may be stored (in raised, closed containers, in the back or side yard,
set back from neighbors) and numerical limits on the number of large animals permitted on site,
among other things.
In late 2017 and early 2018, the City conducted a number of on-site inspections to evaluate the
progress of compliance with the Stipulated Judgment and observed that, while some progress was
made, significant junk in violation of the Stipulated Judgment remained, culminating in an April 24,
2018 Notice of Violation from the City Attorney's Office. Another inspection was conducted on
August 15, 2018, resulting in a September 2, 2018 letter from the City Attorney's Office with specific
tasks for the Property owners to complete regarding junk, inoperable vehicles and keeping more than
nine large animals on the Property. City Code Compliance staff continued to conduct inspections and
observed incremental progress through the early part of 2019 with each inspection, although full
compliance was never achieved.
By early 2020, the condition of the Property had deteriorated from the somewhat improved condition
in late 2018 through mid-2019, resulting in a number of new complaints from neighbors. City Code
Compliance staff, the Fire Marshall and County Vector Control staff conducted an inspection on
April 23, 2020, and discovered that the Property owners were keeping an excess of the maximum
permitted nine (9) animals on the Property, and also observed a significant amount of junk in violation
of the PMC and Stipulated Judgment. On May 8, 2020, the City Attorney's Office issued the Property
owners a Notice of Violation and an administrative citation based on the results of this inspection.
The Property owners appealed the administrative citation, but as discussed herein, ultimately
voluntarily abandoned that appeal and accepted the citation.
Specifically, the May 8, 2020 Notice required the Property owners to abate the following nuisances:
(1)storage of junk and inoperable vehicles in violation of the Stipulated Judgment and PMC; (2) more
than nine large animals on the Property and (3) the condition of the roof (partially finished, with a tarp
covering certain areas). Storage of junk in violation of the City's regulations was listed by the City
Attorney as a condition that would have to be abated no more than 30 days from the date of that
letter, and notice was given that failure to comply within that time period would result in the City
taking action including by way of abatement warrant.
City Code Compliance staff conducted additional inspections following this notice, including an
inspection on June 8, 2020. While the number of animals had been reduced to nine (and the Property
owners provided evidence that the animals have been permanently relocated), and the Property
owners applied for and were issued a new permit allowing roof repairs, a significant amount of junk
remained on the Property in violation of the Stipulated Judgment and PMC. The Property owners
were notified that the City would be seeking an inspection and abatement warrant allowing removal
of junk, and the Property owners would be responsible for all of the City's costs if the warrant was
obtained.
On June 25, 2020, the City successfully obtained an inspection and abatement warrant (Attachment
B), and immediately informed the Property owners. City staff conducted an inspection on July 6, 2020,
2 of38 October 6, 2020, Item #10
and observed that a significant amount of junk remained on the Property in violation of the PMC and
Stipulated Judgment. Staff conducted another inspection on July 23, 2020, noted minimal progress,
and scheduled abatement for July 29, 2020, pursuant to the warrant.
On July 27 and 28, 2020, City staff conducted two more inspections, and finally noted significant
progress such that the City agreed to allow the Property owners additional time, and re-scheduled the
abatement for August 6, 2020. On August 3 and 4, 2020, City staff conducted additional inspections,
and determined that the Property was finally in substantial compliance with the PMC and Stipulated
Judgment's provisions concerning accumulation of junk, and the abatement was cancelled. After the
City cancelled the abatement, the Property owners dropped their appeal of the administrative citation.
The City incurred legal expenses and associated court costs throughout this process described above,
which total $13,367.23 (Attachment C). These costs only include the legal fees and costs incurred from
March through July, 2020 and not at any period before, including the significant amount of work that
was done in 2018 in connection with enforcing the Stipulated Judgment. Additionally, this amount
does not include any recovery for staff time or other City resources, which have been considerable.
While the Property owners ultimately came into substantial compliance with the PMC and Stipulated
Judgment's provisions regarding accumulation of junk voluntarily, they did not do so until under the
direct threat of City action to remedy the violation under the issued warrant, despite many chances
to do so previously, making the costs incurred to obtain the warrant clearly necessary to achieve
abatement of the public nuisance on the Property. Accordingly, the City Attorney's Office
recommends that the City Council confirm the foregoing costs and authorize recovery from the
Property owners, including placing the amounts owed on the property tax rolls, if the confirmed costs
go unpaid, pursuant to PMC sections 1.08.01 OU) and 8.72.030 and the terms of the Stipulated
Judgment.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Approval of the Resolution will result in the recovery of abatement costs already expended by the City.
Failure to adopt the Resolution will result in the City being unable to recover the incurred costs.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on Thursday September 24,
2020, and a copy of this report was both sent by certified mail, return receipt requested, to the
Property owner, and physically posted at the Property.
3 of 38 October 6, 2020, Item #10
Attachments:
A.Resolution
B.Inspection and Abatement Warrant
C.Invoices for Professional Services
Reviewed/Approved By:
Assistant City Manager
4of38
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c�
City Manager
October 6, 2020, Item #10
RESOLUTION NO. 20-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, CONFIRMING AND AUTHORIZING
RECOVERY OF COSTS INCURRED TO ABATE A PUBLIC NUISANCE AT 14441 RANGE PARK ROAD
WHEREAS, a public nuisance existed at 14441 Range Park Road, Poway California ("Property"), and as a result, the City Council of the City of Poway ("City Council") declared and
determined it was in violation of both the Poway Municipal Code ("PMC") and the August 7, 2017
stipulated judgment ("Stipulated Judgment") between the parties, and directed City staff and the City Attorney's office to take all steps necessary to abate said nuisance, including obtaining and
executing an inspection and abatement warrant; and
WHEREAS, the Stipulated Judgment authorizes abatement of violations thereof in the same
manner as the PMC;
WHEREAS, an inspection and abatement warrant was obtained and executed for the Property, and only thereafter when threatened with forcible abatement did the Property owner bring the Property into reasonable compliance with the PMC and Stipulated Judgment;
WHEREAS, on October 6, 2020, the City Council held a public hearing to confirm the costs incurred in the abatement of the foregoing public nuisances at the Property in compliance with all
applicable provisions of law; and
WHEREAS, the owner(s) of the Property was notified of the October 6, 2020 public hearing
in the manner required by law, as well as informally well in advance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The City Council confirms that the City of Poway incurred a total of $13,367.23 in costs to abate a public nuisance at the Property, located at 14441 Range Park Road,
which the City Council hereby finds is reasonable in amount, and further finds that such costs were
necessary in order to abate the public nuisance.
SECTION 2: City staff and the City Attorney's office are hereby authorized to take all steps
to recover and collect the foregoing costs from the owner(s) of the Property, including placement of
these amounts as special assessment on the appropriate property tax rolls, pursuant to Poway Municipal Code ("PMC") section 8.72.030 or any other applicable provision of law, if not voluntarily
paid within sixty (60) days of the date of this Resolution.
SECTION 3: City staff is further authorized to add 6 percent interest per annum to the $13,367.23 if the foregoing amount is not paid in full within sixty (60) days of the date of this
resolution, pursuant to PMC section 8.72.030 and 25 Cal. Code Regs section 70.
SECTION 4: All interested parties are hereby notified that judicial review, if desired, shall be
sought within the 90-day time limit set forth in Code of Civil Procedure section 1094.6.
5 of 38 October 6, 2020, Item #10ATTACHMENT A
Resolution No. 20-XXX Page 2
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 6th day of October, 2020 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Vaida Pavolas, CMC, City Clerk
6 of 38 October 6, 2020, Item #10
1 RUTAN & TUCKER, LLP ft I· t E D t Alan B. Fenstermacher (State Bar No. 278171) Clerk of tile Superior Court 2 afenstermacher@rutan.com Noam Duzman (State Bar No. 213689) JUN 2 5 2020 nduzman@rutan.com 611 Anton Boulevard, Suite 1400 By: T. Cutts , Dep1Jty 4 Costa Mesa, California 92626-1931 Telephone: 714-641-5100 Facsimile: 714-546-9035
6 Attorneys for the CITY OF POWAY
7 Exempt from Filing Fee Pursuant to Government Code section 6103 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
10
FOR THE COUNTY OF SAN DIEGO
11 CITY OF POWAY, Case No. 37-2020-00021s2s.cu-Pr-crL
INSPECTION AND ABATEMENT WARRANT 12
13 vs.
Plaintiff,
14 MICHAELE. ROTHBART; LAUREL J.
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ROTHBART,
Defendants.
THE PEOPLE OF THE STATE OF CALIFORNIA: To any employee of the City of
Poway, any other law enforcement agency including the San Diego Sheriffs Department, and any
authorized contractor or agent of the City of Poway (collectively, the "City"):
You are hereby commanded to enter all exterior areas of the property described as 14441
Range Park Road in the City of Poway, County of San Diego, State of California, 92064 23
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.Rutan & Tucker,.LLP
attorneys at law
7 of 3
("Prope1ty") and inspect and abate the nuisance conditions thereon as authorized herein. The
owners of the Property are Michael E. Rothbart and Laurel J. Rothbart (the "Owners").
Proof by affidavit was made this day before me by Robert Manis, Director of Development
Services for the City of Poway, that there is just and reasonable cause for believing that there are
conditions on the Property that constitute violations of the Poway Municipal Code and the
975/012782-0013 15212248.1 a06/24/20
-1-
INSPECTION AND ABATEMENT WARRANT October 6, 2020, Item #10ATTACHMENT B
1 Stipulation for Settlement, described more fully in the affidavit. Said affidavit is incorporated here
2
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RUt3n & Tucker, LLP
attorneys at law
8 of3
in full.
Pursuant to this warrant, the City is authorized to:
a.Access all exterior portions of the Property;
b.Remove and permanently dispose of all junk (as defined by Poway Municipal
Code) that does not comply with both of the following standards:
(1)Junk which is located:
(i)Anywhere in the front yard;
(ii)Within ten (10) feet of any side lot line;
(iii)Within four ( 4) feet of any building or structure; or
(iv)Within fifteen (15) feet of any rear lot line;
(2)Which is not maintained in an organized fashion either in sturdy, vermin
proof closed containers, or on platforms elevated not less than eighteen ( 18)
inches above the ground.
c.Take the necessary action to move any item that impedes the City's ability to
remove the junk as authorized hereinabove.
d.Relocate by towing or other means any vehicle and/or trailers that impede the
City's ability to remove the junk as authorized hereinabove.
e.Use the assistance of the San Diego Sheriffs Department in order to keep the peace
during the inspection and abatement of the violations of the Poway Municipal
Code;
f.Videotape and/or photograph and take any report of any and all of the
aforementioned activities; and
g.All City-incurred fees and costs not paid by the property owners associated with the
abatement will be part of the costs of abatement that will be presented to the City
Council for confirmation of costs, and an eventual Nuisance Abatement Lien or
Special Assessment against the Property in accordance with applicable law.
You and each of you, are hereby commanded and authorized in the daytime, between the
-2-975/012782-0013 15212248.1 a06n4/20 INSPECTION AND ABATEMENT WARRANT October 6, 2020, Item #10
1 hours of 8:00 a.m. and 6:00 p.m., to enter the Property's exterior for those reasons set forth herein.
2 This Abatement Warrant also authorizes reasonable force, including the use of a locksmith
3 and/or the cutting or breaking of any locks restricting access to the Property, and the relocation of
4 vehicles, trailers, or items that impede abatement, as authorized above.
5 This Abatement Warr'.!-¥t shall be effective for a period of fourteen (14) days from the date
6 ofis���L�
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Rutan & Tucker, LLP
attorneys at law
9 of38 IT IS SO ORDERED: Jud .e of the Superior Court of th S · te of California Judge Randa Trapp
-3-975/012782-0013 152 I 224 8.1 a06/24/20 INSPECTION AND ABATEMENT WARRANT October 6, 2020, Item #10
TAXPAYERS ACCOUNT RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
Poway, City of
Attn: Wendy Kaserman
Assistant City Manager
13325 Civic Center Drive
Poway, CA 92064
RE: v. Michael Rothbart, et al.
CURRENT INVOICE SUMMARY: Professional Fees
Fees and Costs Due This Invoice
Wire Instructions
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No. Account No. Billing Atty.
Date
INVOICE SUMMARY
866030 012782 -0013 John Ramirez April 22, 2020
$
$
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional.
1,311.00
1,311.00
10 of 38 October 6, 2020, Item #10 ATTACHMENT C
TAXPAYERS ACCOUNT
Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064
RE: v. Michael Rothbart, et al.
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No. Account No. Billing Atty.
Date
REMITTANCE COPY
866030 012782 -0013 John Ramirez
April 22, 2020
*** PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE***
CURRENT INVOICE SUMMARY: Professional Fees
Fees and Costs Due This Invoice $
$
Wire Instructions
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional.
1,311.00
1,311.00
11 of 38 October 6, 2020, Item #10
TAXPAYERS ACCOUNT
Poway, City of
Attn: Wendy Kaserman
Assistant City Manager
13325 Civic Center Drive
Poway, CA 92064
RE: v. Michael Rothbart, et al.
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No.
Account No.
Billing Atty.
Date
Page
866030 012782-0013 John Ramirez
April 22, 2020
1
FOR PROFESSIONAL SERVICES RENDERED THROUGH MARCH 31, 2020
03/04/20
03/06/20
03/09/20
03/09/20
03/10/20
03/10/20
Noam I. Duzman Redacted
Kelsey Quist Redacted
Kelsey Quist Redacted
Noam I. Duzman Redacted
Kelsey Quist Redacted
Noam I. Duzman Redacted
Total Hours Total Professional Services
0.20
1.40
2.30
0.40
0.90
0.50
5.70
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you.
$1,311.00
12 of 38
The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessio.Jlal.
ucto b er 6, 2020, Item #10
Poway, City of
v.Michael Rothbart, et al.
012782-0013
Total Current Fees Previous Balance Due
Payments and Adjustments
Prior Balance Due
Total Balance Due
RUT AN & TUCKER, LLP
ATTORNEYS AT LAW
ACCOUNTS RECEIVABLE
0-30 DAYS 31-60 DAYS 61 -90 DAYS 91 -180 DAYS
$1,311.00 $0.00 $0.00 $0.00
April 22, 2020
Invoice No. 866030
Page No. 2
391.00 (391.00)
OVER 180
$1,311.00
$0.00
$1,311.00
$0.00
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement.
13 of 38
An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10
TAXPAYERS ACCOUNT RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
Poway, City of
Attn: Wendy Kaserman
Assistant City Manager 13325 Civic Center Drive Poway, CA 92064
RE: v. Michael Rothbart, et al.
CURRENT INVOICE SUMMARY:
Professional Fees
Fees and Costs Due This Invoice
Wire Instructions
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No.
Account No. Billing Atty. Date
INVOICE SUMMARY
868097
012782 -0013
John Ramirez May 21, 2020
$
$
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC}, (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional.
1,702.00
1,702.00
14 of 38 October 6, 2020, Item #10
TAXPAYERS ACCOUNT
Poway, City of
Attn: Wendy Kaserman
Assistant City Manager
13325 Civic Center Drive
Poway, CA 92064
RE: v. Michael Rothbart, et al.
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No.
Account No.
Billing Atty.
Date
REMITTANCE COPY
868097
012782 -0013
John Ramirez
May 21, 2020
*** PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE***
CURRENT INVOICE SUMMARY:
Professional Fees
Fees and Costs Due This Invoice
$
$
Wire Instructions
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional.
1,702.00
1,702.00
15 of 38 October 6, 2020, Item #10
TAXPAYERS ACCOUNT
Poway, City of
Attn: Wendy Kaserman
Assistant City Manager
13325 Civic Center Drive
Poway, CA 92064
RE: v. Michael Rothbart, et al.
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No.
Account No.
Billing Atty.
Date
Page
868097
012782-0013
John Ramirez
May 21, 2020
1
FOR PROFESSIONAL SERVICES RENDERED THROUGH APRIL 30, 2020
04/05/20
04/06/20
04/14/20
04/21/20
04/21/20
04/22/20
04/22/20
16 of 38
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
0.30
0.30
0.50
0.80
0.40
1.00
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. b Octo er 6, 2020, Item #10
Poway, City of
v.Michael Rothbart, et al.
012782-0013
04/23/20
04/23/20
04/27/20
04/27/20
04/28/20
04/30/20
04/30/20
Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Total Current Fees Prior Balance Due
Total Balance Due
RUT AN & TUCKER, LLP
ATTORNEYS AT LAW
Total Hours Total Professional Services
May 21, 2020
Invoice No. 868097 Page No. 2
0.60
0.80
0.30
0.60
0.20
0.70
0.50
7.40
$1,702.00
$1,702.00 $1,311.00
$3,013.00
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement.
17 of 38
An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10
Poway, City of
v.Michael Rothbart, et al.012782-0013
RUT AN & TUCKER, LLP
ATTORNEYS AT LAW
ACCOUNTS RECEIVABLE
May 21, 2020
Invoice No. 868097 Page No. 3
0 -30 DAYS 31-60 DAYS 61 -90 DAYS 91 -180 DAYS OVER 180
18 of38
$3,013.00 $0.00 $0.00 $0.00
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, Jaw clerk, litigation support specialist, document clerk, or other paraprofessional.
$0.00
October 6, 2020, Item #10
TAXPAYERS ACCOUNT
Poway, City of Attn: Wendy Kaserman Assistant City Manager
13325 Civic Center Drive
Poway, CA 92064
RE: v. Michael Rothbart, et al.
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No. Account No. Billing Atty. Date
INVOICE SUMMARY
CURRENT INVOICE SUMMARY: Professional Fees Disbursements and Costs Advanced
Fees and Costs Due This Invoice
Wire Instructions
870493 012782 -0013 John Ramirez June 19, 2020
$
$
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional.
2,231.00 7.79
2,238.79
19 of 38 October 6, 2020, Item #10
TAXPAYERS ACCOUNT
Poway, City of Attn: Wendy Kaserman
Assistant City Manager
13325 Civic Center Drive
Poway, CA 92064
RE: v. Michael Rothbart, et al.
Rur AN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No. Account No.
Billing Atty.
Date
REMITTANCE COPY
870493 012782 -0013 John Ramirez June 19, 2020
*** PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE***
CURRENT INVOICE SUMMARY:
Professional Fees $ Disbursements and Costs Advanced
Fees and Costs Due This Invoice $
Wire Instructions
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional.
2,231.00 7.79
2,238.79
20 of 38 October 6, 2020, Item #10
TAXPAYERS ACCOUNT
Poway, City of
Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064
RE: v. Michael Rothbart, et al.
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No.
Account No. Billing Atty. Date Page
870493
012782-0013
John Ramirez June 19, 2020 1
FOR PROFESSIONAL SERVICES RENDERED THROUGH MAY 31, 2020
05/01/20
05/04/20
05/04/20
05/05/20
05/05/20
05/06/20
21 of 38
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
0.20
1.60
0.80
1.00
0.70
0.30
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessio.Jlal.
ucto b er 6, 2020, Item #10
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW Poway, City of
v.Michael Rothbart, et al.
012782-0013
June 19, 2020
Invoice No. 870493 Page No. 2
05/06/20
05/07/20
05/07/20
05/08/20
05/13/20
05/14/20
05/15/20
05/18/20
05/18/20
05/19/20
05/21/20
05/22/20
22 of 38
Alan Fenstermacher Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Noam I. Duzman
1.10
0.90
0.60
0.40
0.20
0.10
0.50
0.20
0.50
0.30
0.20
0.10
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS}, (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW Poway, City of
v.Michael Rothbart, et al.
012782-0013
June 19, 2020
Invoice No. 870493
Page No. 3
Redacted
DISBURSEMENTS AND COSTS ADVANCED
Duplication
Total Current Fees and Costs Previous Balance Due Payments and Adjustments Prior Balance Due
Total Balance Due
Total Hours
Total Professional Services
Total Disbursements
9.70
7.79
3,013.00 (3,013.00)
ACCOUNTS RECEIVABLE
0 -30 DAYS 31-60 DAYS 61 -90 DAYS 91 -180 DAYS OVER 180
$2,231.00
$7.79
$2,238.79
$0.00
$2,238.79
$2,238.79 $0.00 $0.00 $0.00 $0.00
23 of 38
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10
TAXPAYERS ACCOUNT
Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064
RE: v. Michael Rothbart, et al.
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No. Account No. Billing Atty. Date
INVOICE SUMMARY
CURRENT INVOICE SUMMARY:
Professional Fees Disbursements and Costs Advanced
Fees and Costs Due This Invoice
Wire Instructions
872918
012782 -0013 John Ramirez July 20, 2020
$
$
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional.
6,095.00 8.04
6,103.04
24 of 38 October 6, 2020, Item #10
TAXPAYERS ACCOUNT
Poway, City of Attn: Wendy Kaserman Assistant City Manager
13325 Civic Center Drive Poway, CA 92064
RE: v. Michael Rothbart, et al.
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No. Account No. Billing Atty.
Date
REMITTANCE COPY
872918 012782 -0013 John Ramirez July 20, 2020
*** PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE***
CURRENT INVOICE SUMMARY: Professional Fees $ Disbursements and Costs Advanced
Fees and Costs Due This Invoice $
Wire Instructions
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC}, (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional.
6,095.00 8.04
6,103.04
25 of 38 October 6, 2020, Item #10
TAXPAYERS ACCOUNT
Poway, City of
Attn: Wendy Kaserman
Assistant City Manager 13325 Civic Center Drive Poway, CA 92064
RE: v. Michael Rothbart, et al.
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No.
Account No. Billing Atty. Date Page
872918
012782-0013
John Ramirez
July 20, 2020 1
FOR PROFESSIONAL SERVICES RENDERED THROUGH JUNE 30, 2020
06/01/20
06/01/20
06/03/20
06/05/20
06/08/20
06/09/20
06/10/20
06/11/20
26 of 38
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
0.50
0.60
0.20
0.20
3.60
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. Octo b er 6, 2020, Item #10
RUT AN & TUCKER, LLP
ATTORNEYS AT LAW Poway, City of v.Michael Rothbart, et al.012782-0013
July 20, 2020 Invoice No. 872918 Page No. 2
06/11/20
06/12/20
06/15/20
06/16/20
06/17/20
06/17/20
06/18/20
06/19/20
06/19/20
27 of 38
Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
0.60
0.40
0.70
0.40
1.40
1.40
0.60
0.60
2.00
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual"s name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10
RUT AN & TUCKER, LLP
ATTORNEYS AT LAW Poway, City of v.Michael Rothbart, et al.012782-0013
July 20, 2020 Invoice No. 872918 Page No. 3
06/22/20
06/22/20
06/23/20
06/24/20
06/24/20
06/25/20
06/25/20
06/26/20
06/29/20
06/29/20
28 of 38
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
0.30
1.90
0.50
0.60
1.80
0.40
5.00
0.20
0.50
0.90
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10
Poway, City of v.Michael Rothbart, et al.012782-0013
RUT AN & TUCKER, LLP
ATTORNEYS AT LAW
Total Hours
Total Professional Services
DISBURSEMENTS AND COSTS ADVANCED
Duplication
Postage
Total Current Fees and Costs
Prior Balance Due
Total Balance Due
Total Disbursements
ACCOUNTS RECEIVABLE
0-30 DAYS 31-60 DAYS 61 -90 DAYS 91 -180 DAYS
$6,103.04 $2,238.79 $0.00 $0.00
July 20, 2020 Invoice No. 872918 Page No. 4
26.50
1.14
6.90
OVER 180
$6,095.00
$8.04
$6,103.04
$2,238.79
$8,341.83
$0.00
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement.
29 of 38
An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10
TAXPAYERS ACCOUNT RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
Poway, City of Attn: Wendy Kaserman Assistant City Manager
13325 Civic Center Drive
Poway, CA 92064
RE: v. Michael Rothbart, et al.
CURRENT INVOICE SUMMARY: Professional Fees
Fees and Costs Due This Invoice
Wire Instructions
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No. Account No. Billing Atty. Date
INVOICE SUMMARY
875352 012782 -0013 John Ramirez August 18, 2020
$
$
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional.
1,193.40
1,193.40
30 of 38 October 6, 2020, Item #10
TAXPAYERS ACCOUNT
Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064
RE: v. Michael Rothbart, et al.
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No. Account No. Billing Atty. Date
REMITTANCE COPY
875352 012782 -0013 John Ramirez August 18, 2020
*** PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE***
CURRENT INVOICE SUMMARY: Professional Fees
Fees and Costs Due This Invoice
$
$
Wire Instructions
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional.
1,193.40
1,193.40
31 of 38 October 6, 2020, Item #10
TAXPAYERS ACCOUNT
Poway, City of Attn: Wendy Kaserman
Assistant City Manager 13325 Civic Center Drive Poway, CA 92064
RE: v. Michael Rothbart, et al.
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No. Account No. Billing Atty. Date Page
875352 012782-0013 John Ramirez August 18, 2020 1
FOR PROFESSIONAL SERVICES RENDERED THROUGH JULY 31, 2020
07/01/20
07/03/20
07/08/20
07/16/20
07/16/20
07/17/20
07/21/20
07/22/20
07/22/20
07/23/20
32 of 38
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Noam I. Duzman
0.10
0.20
0.20
0.30
0.20
0.50
0.60
0.40
0.10
0.20
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessio.L!.al. ucto b er 6, 2020, Item #10
Poway, City of
v.Michael Rothbart, et al.
012782-0013
07/27/20
07/27/20
07/28/20
07/28/20
07/29/20
07/31/20
Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Total Current Fees Previous Balance Due Payments and Adjustments Prior Balance Due
Total Balance Due
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
Total Hours
Total Professional Services
August 18, 2020 Invoice No. 875352 Page No. 2
0.50
0.30
0.40
0.40
0.40
0.30
5.10
$1,193.40
$1,193.40 8,341.83 (8,341.83)
$0.00
$1,193.40
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement.
33 of 38
An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10
Poway, City of
v.Michael Rothbart, et al.012782-0013
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
ACCOUNTS RECEIVABLE
August 18, 2020
Invoice No. 875352 Page No. 3
0-30 DAYS 31-60 DAYS 61 -90 DAYS 91 -180 DAYS OVER 180
34 of 38
$1,193.40 $0.00 $0.00 $0.00
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual"s name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional.
$0.00
October 6, 2020, Item #10
TAXPAYERS ACCOUNT RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
Poway, City of
Attn: Wendy Kaserman
Assistant City Manager 13325 Civic Center Drive Poway, CA 92064
RE: v. Michael Rothbart, et al.
CURRENT INVOICE SUMMARY:
Professional Fees
Fees and Costs Due This Invoice
Wire Instructions
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No.
Account No.
Billing Atty. Date
INVOICE SUMMARY
877060
012782 -0013
John Ramirez
September 9, 2020
$
$
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement.
35 of 38
An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10
819.00
819.00
TAXPAYERS ACCOUNT RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064
RE: v. Michael Rothbart, et al.
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No. Account No. Billing Atty. Date
REMITTANCE COPY
877060 012782 -0013 John Ramirez September 9, 2020
*** PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE***
CURRENT INVOICE SUMMARY: Professional Fees
Fees and Costs Due This Invoice
$
$
Wire Instructions
36 of 38
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10
819.00
819.00
TAXPAYERS ACCOUNT
Poway, City of
Attn: Wendy Kaserman
Assistant City Manager
13325 Civic Center Drive Poway, CA 92064
RE: v. Michael Rothbart, et al.
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS
611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100
Invoice No.
Account No.
Billing Atty.
Date
Page
877060
012782-0013 John Ramirez
September 9, 2020
1
FOR PROFESSIONAL SERVICES RENDERED THROUGH AUGUST 31, 2020
08/04/20
08/05/20
08/05/20
08/06/20
08/06/20
08/07/20
08/10/20
08/12/20
08/19/20
37 of 38
Noam I. Duzman Redacted
Alan Fenstermacher Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
Noam I. Duzman Redacted
0.50
0.30
0.80
0.50
0.20
0.30
0.20
0.30
0.40
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessio..!l.al. ucto b er 6, 2020, Item #10
RUT AN & TUCKER, LLP
ATTORNEYS AT LAW Poway, City of v.Michael Rothbart, et al.012782-0013
September 9, 2020
Invoice No. 877060
Page No. 2
Redacted
Total Hours Total Professional Services 3.50
Total Current Fees
Previous Balance Due
Payments and Adjustments
Prior Balance Due
Total Balance Due
ACCOUNTS RECEIVABLE
1,193.40
(1,193.40)
0-30 DAYS 31-60 DAYS 61 -90 DAYS 91 -180 DAYS OVER 180
$819.00 $0.00 $0.00 $0.00
Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional.
$0.00
$819.00
$819.00
$0.00
$819.00
38 of 38 October 6, 2020, Item #10
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
October 6, 2020
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Service~
Scott Nespor, Associate Planner ..S:. ,4AJ
858-668-4656 or snespor@poway.org
CITY COUNCIL
Development Review (DR) 20-008, a request to modify the exterior fa~ade of
the former Atlas Market building and adjacent storefront spaces of the Twin
Peaks Plaza shopping center at 14721-14905 Pomerado Road
Regency Centers LP (Applicant) is proposing to modify the exterior fa~ade of the former Atlas Market
building and adjacent storefront spaces of the Twin Peaks Plaza shopping center at 14721-14905
Pomerado Road. The Target fa~ade and the standalone buildings along Pomerado Road and Ted
Williams Parkway are not part of the proposed modifications. The proposed modifications
incorporate materials and colors consistent with the policies of the General Plan.
Recommended Action:
It is recommended that the City Council take public input and adopt the Resolution.
Discussion:
Background
The Applicant is Regency Centers LP and the property owners are Regency Centers LP, Haggen
OPCO South LLC, and Twin Peaks Realty Corporation. The site is bounded by Ted Williams Parkway
to the southeast, Pomerado Road to the west, and Twin Peaks Road to the north. The Twin Peaks
Plaza site is zoned Commercial General (CG). The Arbolitos Mini Park zoned Open Space -Resource
Management (OS-RM), and the Arbolitos Sports Fields, zoned Open Space. Recreation (OS-R), are
located to the south. A Montessori charter school zoned Residential Single Family 4 (RS-4), is located
west of Pomerado Road . Single-family residential neighborhoods with varying densities are located
in the remaining areas surrounding the site. A location/zoning vicinity map is included as
Attachment B. The Twin Peaks Plaza shopping center includes twelve parcels with varying owners
totaling 21 acres. The Target store and parking lot occupies one parcel. The Target fa~ade and the
standalone buildings along Pomerado Road and Ted Williams Parkway are separately owned and
are not part of the proposed fa~ade remodel (Attachment C).
1 of 15 October 6, 2020, Item #11
Twin Peaks Plaza was originally constructed in phases. The first phase included the Target store and
the adjoining shop building which were approved by the City Council in 1986. A remodel of the
Target store was approved in 2003, and a subsequent addition of the Target store was approved in
2011. The second phase of Twin Peaks Plaza included a secondary anchor tenant building (the
former Atlas Market) and additional shop buildings that were approved in 1988. The former Atlas
Market building was previously occupied by several other grocery store chains over the years. A
remodel of the building was approved in 2007. The Atlas Market closed in July 2020.
With the impending closure of the Atlas Market grocery store tenant, Regency Centers entered into
negotiations with a new undisclosed grocery store tenant (new tenant). This new tenant has
corporate architectural guidelines for its stores that are proposed to be incorporated into the
exterior fa<;ade of the tenant space. The proposed architecture of the remodeled fa<;ade does not fit
with the design of the existing shopping center. To comply with City requirements and blend in with
the rest of the shopping center, Regency Centers will be remodeling the adjacent storefront spaces
with new columns, colors, and materials compatible with the exterior fa<;ade of the new tenant
space. The new tenant has not applied for a business certificate and the land use will be analyzed at
the time of business certificate application.
Twin Peaks Plaza consists of different architectural styles and colors. The majority of the center
includes Spanish style roofing materials or similar asphalt shingles and stucco siding. The Outback
restaurant and Corepower Yoga studio include dark standing metal seam roofing materials and
stucco siding. There are varying styles and colors in signage and awnings throughout the center.
Surrounding land uses include a mix of roof and siding materials with many buildings having either
red asphalt shingle or Spanish style roofing materials.
Typically, a shopping center fa<;ade remodel such as this would be approved by the Director of
Development Services, however, since the remodel includes greater than 25 percent of the shopping
center facades and does not substantially conform to the approved Development Review (DR), City
Council approval is required.
Project Summary
The original design proposed by the Applicant featured smooth materials and black and white colors
that would not comply with the City's General Plan policies. The design was revised multiple times
to the current proposal that is included as Attachment D. The fa<;ade of the former Atlas Market will
be modified by removing the two existing Spanish style roof gables to create a modern rectangular
overhang projecting over the entrance that will be colored a medium-dark brown. The panels on
the adjoining main walls will be a light gray. The trim will be a cream color. The underside of the
canopy will be lime green. This fa<;ade will consist of rectangular architectural smooth vinyl panels
with a matte finish.
To match the architectural elements of the new tenant, the adjacent shop buildings will be painted
similar colors to compliment the color scheme of the new tenant and the Target store. The siding
materials will be variations of browns and grays with "Slate Tile" blue accents. Additionally, Regency
Centers will be removing the Roman columns supporting the canopies in front of the adjacent
storefronts and replacing them with square panel pillars. The red tile roofs on the canopies will be
removed and replaced with a gray standing seam metal roof. An elevation and architectural
rendering of a typical shop building storefront is included as Attachment E.
The Target store is not part of the remodel. However, the color palate proposed for the shopping
center remodel will complement the cream-colored stucco on the Target store's exterior. Also, the
2 of 15 October 6, 2020, Item #11
stucco exterior of the Ta rget store is scored with a rectangular pattern that is similar to the
architectural panels proposed by the grocery store tenant.
The six freestanding, mostly single-tenant, buildings that front Pomerado Road and Ted Williams
Parkway will not be part of the remodel as these are under separate ownerships.
The General Plan guidelines encourage natural, rural, and historic earth tone colors and styles
compatible with surrounding residences. Excessive use of smooth siding is discouraged and can be
offset by architectural projections and overhangs. Buildings should be enhanced with
complementary trim in materials, such as rough sawn wood or textured veneers of stone or river
rock. Colors proposed are natural earth tones and the standing metal seam is a rural "farm"
architectural style consistent with other roof materials within the center. The smooth vinyl panels
are offset by overhangs. The columns are enhanced to complement the square and rectangular
shapes of the major tenants and accent walls within the center.
While the new tenant has not been disclosed, staff understands that it will have a delivery
component as part of its business. Regency Centers has assured City staff that the new tenant will
be operating a retail grocery store that will be open to the public. The zoning of the property does
not allow a warehouse use or the storage of a vehicle fleet.
Environmental Review:
In accordance with the requirements of the California Environmental Quality Act (CEQA), the Project
is Categorically Exempt, as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA
Guidelines, which exempts exterior alterations to existing buildings where there is no negligible
change or expansion of use.
Fiscal Impact:
None.
Public Notification:
A courtesy notice was mailed to the property owners adjacent to the project site.
Attachments:
A. Resolution
B. Land Use and Location Map
C. Site Plan
D. Conceptual Elevation of Grocery Building Storefront
E. Conceptual Elevation of a Typical Shop Building Storefront
Reviewed/Approved By:
~
We~ Kaserman
Assistant City Manager
3 of 15
Reviewed By:
Alan Fenstermacher
City Attorney
October 6, 2020, Item #11
RESOLUTION NO. 20-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW 20-008 FOR THE MODIFICATION OF THE
EXTERIOR FACADE OF THE SECONDARY MAJOR
TENANT BUILDING AND ADJACENT STOREFRONT
SPACES AT THE TWIN PEAKS PLAZA SHOPPING CENTER
LOCATED AT 14721-14905 POMERADO ROAD; ASSESSOR
PARCEL NUMBERS 314-710-30, 314-710-32, 314-710-37,
314-710-36, and 314-710-38
WHEREAS, Development Review (DR) 20-008 was submitted by Regency Centers LP,
Applicant and Regency Centers LP, Haggen OPCO South LLC, and Twin Peaks Realty
Corporation, Owner, for proposed modifications to the exterior fa9ade of the secondary major
tenant building (grocery store) and adjacent storefront spaces at the Twin Peaks Plaza
shopping center located at 14721-14905 Pomerado Road within the Commercial General (CG)
zone;
WHEREAS, Twin Peaks Plaza was originally constructed in phases. The City Council
approved DR 86-08 and Tentative Parcel Map (TPM) 86-03 on May 20, 1986 (Resolution P-86-
33) for the first phase of Twin Peaks Plaza, that included the Target store (originally proposed to
be Gemco) and the adjoining shop building;
WHEREAS, the City Council approved Conditional Use Permit (CUP) 88-15 and DR 88-
016 for the operation of a car wash and an oil change facility and the second phase of Twin
Peaks Plaza on September 6, 1988 (Resolution P-88-97), which included the secondary major
tenant building (previously Atlas Market grocery store) with additional shop buildings;
WHEREAS, DR 88-16(R) was an administrative approval on December 28, 2007, for a
minor remodel of the secondary major tenant storefront;
WHEREAS, on October 6, 2020, the City Council held a duly advertised public meeting
to solicit comments from the public, both for and against, relative to this application; and
WHEREAS, the City Council has read and considered the agenda report for the
proposed Project, including the attachments, and has considered all other evidence presented
at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: In accordance with the requirements of the California Environmental
Quality Act (CEQA), the Project is Categorically Exempt as a Class 1 Categorical Exemption,
pursuant to Section 15301 of the CEQA Guidelines, which exempts exterior alterations to
existing buildings where there is no negligible change or expansion of use.
SECTION 2: The City Council finds the proposed Project is consistent with the General
Plan policies and the CG zoning district regulations.
SECTION 3: The findings for DR 20-008, in accordance with Poway Municipal Code
4 of 15 ATTACHMENT A October 6, 2020, Item #11
Resolution No. 20-
Page 2
(PMC) Section 17.52.010, Purpose of Development Review, are made as follows:
A. The project respects and recognizes the interdependence of land values and aesthetics
to the benefit of the City in that the proposed shopping center exterior features includes
smooth vinyl panel siding that will be complimentary to existing scored stucco on
neighboring buildings, square pillars that will be compatible to the major tenant's square
and rectangular siding patterns, and complimentary colors for the major tenants and the
neighboring buildings.
B. The proposed development respects the public concerns for the aesthetics of
development and encourages the orderly and harmonious appearance of structures and
property within the City because the fac;ade remodel has been designed with building
colors that are muted earth tone colors compatible to the surrounding area which
includes varying roof and siding materials. The remodel of the storefronts adjacent to
the anchor tenants provides compatible colors for the center, complimentary square
columns with rectangular and square siding patterns of the anchor tenants, and
compatible roofing materials with the Outback restaurant building.
C. The granting of the DR would not be materially detrimental to the public health, safety or
welfare within the community since the proposed development is an exterior fac;ade
remodel of an existing building.
D. The proposed development respects the public concerns for the aesthetics of
development in that it provides complementary and compatible siding materials and
colors that will update the exterior appearance of the shopping center.
E. The project will not have an adverse effect on the aesthetics, health and safety, nor an
architecturally-related impact upon adjoining properties, as the project has been
designed to be complimentary with the surrounding area by utilizing exterior building
materials and colors and architectural design compatible with nearby development.
F. The design and improvements of the proposed development are consistent with the
elements of the Poway General Plan and the zoning regulations. The Project includes
natural, rural, and historic earth tone colors compatible with surrounding residences.
The standing metal seam is a rural "farm" architectural style consistent with other roof
materials within the center. The smooth siding of the secondary major tenant is offset by
architectural projections and overhangs. Adjoining storefronts are enhanced with
complementary colors and columns allowing for cohesion amongst most of the center.
SECTION 4: The findings, in accordance with Government Code Section 66020 for the
public improvements needed as a result of the proposed development to protect the public
health, safety and welfare, are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all necessary
facilities will be available to serve this project.
B. The construction of public improvements is needed as a result of the proposed
development to protect the public health, safety and welfare as further described in the
conditions of approval.
5 of 15 October 6, 2020, Item #11
Resolution No. 20-
Page 3
C. In accordance with the Poway General Plan, the project may require the payment of
development impact fees, which are assessed on a pro-rata basis to finance public
infrastructure improvements, which promote a safe and healthy environment for the
residents of the City.
SECTION 5: The City Council hereby approves DR 20-008, as shown on the approved
plans incorporated by reference herein as shown on the approved plans stamped as "Exhibit A"
and dated October 6, 2020 on file in the Development Services Department, except as noted
herein, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers,
and employees from any and all claims, actions, proceedings, damages, judgments, or
costs, including reasonable attorney's fees, collectively the "Claims" against the City or
its agents, officers, or employees, relating to the issuance of any aspect of the project
approval set for in this resolution, including, but not limited to, any action to attack, set
aside, void, challenge, or annul this development approval (including but not limited to
DR 20-008) and any environmental document or decision made pursuant to CEQA. The
City may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification. In the
event of such election, applicant shall pay all of the costs related thereto, including
without limitation reasonable attorney's fees and costs. In the event of a disagreement
between the City and applicant regarding litigation issues, the City shall have the
authority to control the litigation and make litigation-related decisions, including, but not
limited to, settlement or other disposition of the matter. However, the applicant shall not
be required to pay or perform any settlement unless such settlement is approved by
applicant. Notwithstanding the foregoing, no indemnity shall be required for claims
resulting from the exclusive gross negligence or willful misconduct of the City.
B. This approval is based on the existing site conditions and proposed project details
represented on the approved plans stamped as "Exhibit A" and dated October 6, 2020
on file in the Development Services Department. Any substantial changes to the
approved plans must be approved by the Director of Development Services and may
require approval of the City Council if the Director of Development Services finds that the
proposed changes do not substantially conform to approved plans.
C. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08
PMC) requirements that govern construction activity and noise levels.
D. Prior to issuance of any permit, the applicant shall submit in writing that all conditions of
approval have been read and understood.
E. The project shall comply with all conditions of approval and mitigation measures
established under previous project entitlements unless otherwise modified or
superseded by these Conditions of Approval contained herein as determined by the
Director of Development Services.
F. The conditions for the project shall remain in effect for the life of the subject property,
and shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
6 of 15 October 6, 2020, Item #11
Resolution No. 20-
Page 4
G. Prior to Building Permit issuance, unless other timing is indicated, the following
conditions shall be complied with :
7 of 15
1. The plans included with the building plan check shall be consistent with the
approved plans stamped as "Exhibit A" and the conditions contained herein.
(Building)
2. The plans shall comply with the current California Code of Regulations with local
amendments identified in PMC Title 15 at the date of submittal to the Building
Division for review.
(Engineering)
3. The building plans shall show all public and private easements. All effort should
be made to keep private improvements from encroaching in public easements. If
necessary, an Encroachment Agreement may be considered for private
improvements within publicly held easements. The application and fee will be
due at time of building plan submittal and the agreement shall be approved and
executed prior to building permit issuance.
4. The building plans shall show and ensure that all existing and proposed building
doors have an accessible path of travel to the public right-of-way and meet the
current Americans with Disabilities Act (ADA) standards.
5. The applicant shall conduct a survey of crosswalks that access the parcels on
Pomerado Road, Twin Peaks Road, and Ted Williams Parkway and update any
crosswalks that do not meet current ADA standards.
6. The applicant will be required to install trash treatment control devices inside all
existing and proposed private storm drain grated inlet structures onsite for the
entire parcel. Please call out the device on the plans. Prior to building permit
· issuance, a recorded Storm Water Trash Management Facilities Maintenance
Agreement, perpetual maintenance of facilities and an easement granted to the
City will be required. Acceptable devices can be found at
https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/trash_i
mplementation/certified_fcsdevicelist_updatedjuly_2020.pdf
7. Any drainage onsite that does not reach an onsite storm drain inlet, and instead
discharges to a public storm drain inlet within the right-of-way, will also require
the installation of a trash capture device. City staff will coordinate with the
applicant on the specific type of filter to be installed. Installation will require a
Right-of-Way Permit. Perpetual maintenance or a maintenance agreement will
not be required on any of these devices.
8. The applicant shall fill out and return the "Stormwater Intake Form" at the time of
building plan submittal. This form can be found on the City of Poway website:
https://poway.org/963/Stormwater-Forms.
9. Based on the proposed impervious area shown on the current plan, this project is
October 6, 2020, Item #11
8 of 15
Resolution No. 20-
Page 5
categorized as a Standard Development Project. Therefore, a Standard Project
Stormwater Quality Management Plan (SWQMP) must be submitted. The
Standard SWQMP form can be found on the City of Poway website:
https://poway.org/963/Stormwater-Forms.
10. The applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on the site
plan and be appropriately sized for the proposed level of development.
11. All spoil materials from footings and foundations shall be legally disposed of off-
site or if the material is to remain onsite, the material shall be placed per the
requirements of the City grading ordinance.
12. Erosion control shall be installed and maintained by the developer from October
1 to April 30. The developer shall install and maintain all erosion control devices
throughout their intended life.
13. A minimum cash security for erosion control is required.
14. The applicant shall pay all applicable development impact fees in effect at time of
permit issuance.
15. The applicant shall pay the storm water pollution inspection fee according to the
latest adopted master fee schedule.
16. The applicant shall attend a pre-construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a City
standard form available from the City's project engineer along with three copies
of the approved site plan. The applicant's action plan that identifies measures to
be implemented during construction to address erosion, sediment and pollution
control will be discussed. Compliance for sediment control shall be provided as
directed by the project inspector.
'17. Prior to start of any work within a City-held easement or right-of-way, a Right-of-
Way Permit shall be obtained from the Engineering Division of the Development
Services Department. All appropriate fees shall be paid prior to permit issuance.
(Planning)
18. Exterior building colors, materials, and finishes shall substantially reflect the
approved elevations "Exhibit A" on file with the City and the conditions of
approval, and shall be noted on the building plans, to the satisfaction of the
Director of Development Services.
19. Signs shall be proposed and approved under separate permits.
20. Business operations for the secondary major tenant (grocery store) shall be
proposed and approved under a separate business certificate. Fleet storage,
loading, and deliveries inconsistent with a typical grocery store are prohibited.
October 6, 2020, Item #11
Resolution No. 20-
Page 6
21. Prior to building permit issuance for the secondary major tenant building (grocery
store), building permits for the adjacent storefront remodel, including proposed
modifications to the colors, roof, and columns, shall be submitted for building
permit plan check.
H. Prior to issuance of a Certificate of Occupancy for the secondary major tenant building
(grocery store), the applicant is required to comply with the following:
1. The site shall be developed and maintained in accordance with the approved
plans on file in the Development Services Department and the conditions
contained herein. A final inspection from appropriate City departments will be
required.
(Engineering)
2. All existing and proposed utilities or extension of utilities shall be installed
underground. No extension of overhead utilities shall be permitted.
3. The drainage facilities, driveway, and all utility services shall be installed and
completed by the property owner and inspected and approved by the Engineering
Inspector. All new utility services shall be placed underground.
4. An adequate drainage system shall be provided around the existing building pads
capable of handling and disposing all surface water to the satisfaction of the
Engineering Inspector.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damage to public improvements caused by construction activity from this project.
(Planning)
6. Building improvements for the adjacent storefront remodel, including proposed
modifications to the colors, roof, and columns, shall be finaled. Construction
phasing may be permissible to the satisfaction of the Director of Development
Services.
7. Exterior Lighting must comply with PMC Chapter 17 .10.150 (H).
I. The following requirements shall be completed to the satisfaction of the Fire Chief:
9 of 15
1. All work shall conform to the 2019 CBC and CFC.
2. Approved numbers or addresses shall be placed in a location plainly visible and
legible from the street or roadway fronting the property from either direction of
approach. Said numbers shall contrast with their background and a size
approved by the City. Each building address shall also be displayed on the roof
in a manner satisfactory to the Fire Chief, and meeting Sheriff Department-
ASTREA criteria.
October 6, 2020, Item #11
Resolution No. 20-
Page 7
3. Fire Department access for use of firefighting equipment shall be provided to the
immediate job construction site at the start of construction and maintained at all
times until construction is completed.
4. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
5. The existing fire sprinkler system shall remain operational at all times. During
approved periods of time when the system is out of service, a fire department
approved Fire Watch shall be established and maintained.
6. The building's fire sprinkler system shall meet PMC requirements. The entire
system is to be monitored by a central monitoring company and backflow valve
assemblies with tamper switches shall be monitored. Relocation, addition, or
removal of seven or more sprinkler heads shall require a separate plan submittal
and approval by the Fire Department.
The applicant is encouraged to evaluate the underground components of the fire
sprinkler system. The City of Poway requires that anytime an underground water
supply system for an existing fire protection system fails, including maintenance,
testing, and seismic failures, the fire protection system shall be retrofitted with
backflow protection devices.
7. The building's automatic fire alarm system shall meet PMC requirements. A
properly licensed contractor shall install/modify the automatic fire alarm system to
approved standards. System shall be completely monitored by a U.L. listed
central station alarm company or proprietary remote station. A separate plan
submittal and approval by the Fire Department is required.
SECTION 6: The approval of DR 20-008 shall expire October 6, 2022, at 5:00 p.m.,
unless prior to that time a Building Permit has been issued and construction has commenced on
the property, or unless prior to the expiration a request for a time extension is submitted to the
Development Services Department and a time extension is subsequently granted by the City
Council.
SECTION 7: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure.
10 of 15 October 6, 2020, Item #11
Resolution No. 20-
Page 8
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 6th day of October, 2020 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Vaida Pavolas, CMC, City Clerk
11 of 15 October 6, 2020, Item #11
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~i ~~ October 6, 2020, Item #11
AGENDA RE PO RT City of Poway
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
October 6, 2020
Honorable Mayor and Members of the City Count A
Robert Manis, Director of Development ServiceS,V~
Melody Rocco, City Engineer JjfJ/
(858) 668-4653 or mrocco@poway.org
Capital Improvement Program Update
CITY COUNCIL
This report presents a status update on the Capital Improvement Program (CIP) and a brief status of
each ongoing project within the current CIP. At the City Council meeting, staff will present more detail
on the higher profile projects.
Recommended Action:
This is an informational item and there is no recommended action.
Discussion:
The City's CIP is administered by staff from the Engineering Division of the Development Services
Department with the goal of maintaining and improving the City's infrastructure, and enhancing public
facilities based upon community needs. Engineering staff provides professional engineering services
in the planning, design, and construction of the CIP projects.
The CIP is an ongoing process which matches available funds with prioritized needs. During program
planning, staff takes inventory of the City's existing infrastructure and facilities, considers facility and
system assessments completed by consultants as well as community needs, and then develops a
prioritized project list consistent with community goals. Projects are prioritized and designed to
achieve optimum use of available funding. Projects are categorized into the following categories:
Streets, Drainage, Public Facilities, Water, and Sewer. The current CIP includes 40 projects with $10.86
million appropriated with the FY 2020-21 budget for a total of $53.86 million in appropriations for
these projects. A list of all currently funded projects is provided as Attachment A.
This report presents updates to the status of projects since the last program update was presented
to City Council on June 16, 2020 as part of the FY 2020-21 Operating Budget and Capital Improvement
Program presentation. Projects previously completed and accepted by City Council or that continue
to be on hold are not listed in the project discussion but are identified in Attachment A.
1 of 6 October 6, 2020, Item #12
STREETS
The primary goal of projects within the Streets category is to extend the useful life of public streets, to
address capacity issues, to maintain the City's traffic signals, to refresh and update street striping and
signage, and to maximize efficiency for vehicles, bicycles, and pedestrians while ensuring public safety.
The Fiscal Year 2019-2020 Street Overlay was accepted as complete by the City Council at the September
15, 2020 City Council meeting. The 2020-2021 Street Maintenance and 2020-2021 Citywide Striping
projects are substantially complete and will be scheduled for acceptance at a future City Council
meeting. The Traffic Signal Controller Upgrades project (FY 2019-20) will be advertising for construction
in the next few weeks. The Espola Road Safety Improvements project continues to progress through
the utility undergrounding phase. SDG&E is nearing completion of the 20A portion of the
undergrounding. Cox Communications is actively working in the same area. AT& Twill begin work when
Cox Communications is finished. SDG&E is finalizing one remaining easement for the 20B portion of
the project. Once the easement has been executed, SDG&E will finalize the infrastructure installation
and begin cabling. The original scope of the LED Street & Safety Lighting Conversion project was
completed in July. Based upon the successful conversion of over 3,000 streetlights, the City processed
a change order to add the decorative lighting in the Old Poway Park and Civic Center areas. Installation
of the decorative lighting is anticipated to be complete by early April 2021. The Espola Road Bike Lanes
and Neighborhood Sidewalks (Powers and Garden Road areas) are progressing through design. The
Traffic Signal Controller Upgrades project (FY 2020-21) will be in design soon.
DRAINAGE
The primary goal of projects within the drainage category is preservation and maintenance of existing
infrastructure, including culverts, concrete channels and natural channels, and the ongoing annual
replacement of deteriorating corrugated metal pipes (CMP). It also includes the Annual Trash Capture
Program, which is an unfunded mandate by the Regional Water Quality Control Board to capture all
trash greater than 5mm, essentially anything larger than a cigarette butt, in priority land use areas
(PLUs). PLUs include areas classified as commercial, industrial, and high density residential as well as
transit stops. The City has ten years to comply with the region-wide mandate and is appropriating
funding annually with the CIP budget to complete a portion of the program each year.
The Rattlesnake Creek Integrity Study is complete and will be used for prioritizing future drainage
projects along that segment of creek. The 2019-20 Corrugated Metal Pipe Annual Repair/Replace
project is under construction. The Sebago Avenue Channel Repairs and Annual Trash Capture projects
were awarded at the September 15, 2020 City Council meeting and are expected to start construction
soon. A concrete channel repair project was not funded with this year's CIP budget as specific locations
had not been identified for repair at the time. Public Works staff recently completed the annual
channel maintenance and found several locations in need of repairs. Staff anticipates requesting an
appropriation of funds at a future City Council meeting for a channel repair project based upon the
recommended repairs.
PUBLIC FACILITIES
The primary goal of projects within the Public Facilities category is the preservation and maintenance
of the over 100 public buildings and parks. The category also includes installation of new public
facilities as well as renovation of existing facilities. Building maintenance tasks are typically combined
to create the annual Public Facilities Renovation project. The individual tasks that make up the Public
Facilities Renovation project are accomplished by a combination of Public Works and CIP engineering
staff. In 2016, a Facility Needs Assessment was conducted which included a comprehensive
assessment of select City facilities, with the assessment of each facility varying from an entire building
assessment to roof and HVAC assessments only. It provided a ten-year list of corrective actions as
well as continuous ongoing maintenance items at each assessed building.
2 of 6 October 6, 2020, Item #12
The Valle Verde Playground Renovation project was accepted as complete at the July 7, 2020 City
Council Meeting. The Mickey Cafagna Community Center project is progressing through construction .
Framing for two out of three buildings is complete with the third building underway. More details on
the progress will be provided as part of staff's presentation for this report. The FY 2019-20 ADA Barrier
Removal -Lake Poway and the City Monument Sign Replacement projects were awarded at the
September 15, 2020 City Council meeting. Construction on these two projects is anticipated to begin
soon. The Swim Center Valve Replacement and the Swim Center Deck Coating projects have been
advertised for construction. As part of an effort to preserve General Fund dollars as we evaluate the
overall fiscal impact of COVID-19, no Public Facilities Renovation projects were funded this year.
However, since approval of the CIP budget, staff has processed a budget transfer from several older,
completed Public Facilities Renovation projects to fund the City Hall HVAC Controls project. This will
replace the controllers and programming of the HVAC systems at City Hall and the City Council
Chambers. CIP staff will be advertising this project for construction in the next few weeks.
WATER
The primary goal of projects within the water category is preservation of existing infrastructure,
including pipelines, reservoirs, pump stations, pressure reducing stations, and the water treatment
plant facility. In 2014, assessments of the City's water distribution system and Water Treatment Plant
were completed. A ten-year water CIP was developed from the assessments.
The Annual Valve Replacement project is in construction. The Chemical Building and Tank Farm
Upgrades construction is on hold. Some activities were delayed during the beginning of the pandemic
and six valves remain to be replaced which require treatment plant shutdowns. During treatment
plant shutdowns, treated water is provided from the Clearwell Reservoir to serve customers. These
replacements will need to be completed during the winter months due to lower water demands. The
Water Treatment Plant Clearwell Distribution Flow Meters and Boulder Mountain Reservoirs 1 and 2
Rehabilitation projects will be advertised for construction in the next few weeks. Preliminary
engineering has begun on the Power to Blue Crystal Reservoir, Pressure Reducing Valve (PRV) Station
Access Assessment, and Water Treatment Plant Electrical System Assessment projects.
Several water projects are now being managed by the Public Works Department including the
Clearwell Upgrades, Clearwell Bypass, San Diego County Water Authority (SDCWA) Treated Water
Connection, and Clearwell Overflow Structure Modifications projects. Public Works staff will be
providing regular updates to the City Council separately from the Capital Improvement Program
Update in order to provide more details on those projects.
SEWER
The primary goal of projects within the sewer category is preservation of existing infrastructure,
including pipelines, manholes and lift stations, and providing increased flow capacity where identified
as necessary. In 2013, an assessment was completed for the City's sanitary sewer distribution system.
A ten-year sewer CIP was developed and included both capacity increasing projects and maintenance
projects.
The Martincoit Road Sewer Upsize is substantially complete and will be scheduled for acceptance at a
future City Council meeting. The Sewer Line Repair Replace 14/15 (Pomerado at Stone Canyon) project
construction is being finalized. The construction was stopped due to continued unforeseen
conditions. The completed portion of the project will be scheduled for acceptance at a future City
Council meeting. Since the original scope of the project was not fully constructed, staff is evaluating
how to address the ongoing maintenance concerns that still exist. The Exposed Sewer East of
Martincoit project design is complete. The project will be advertised for construction in early spring
3 of 6 October 6, 2020, Item #12
for construction during the summer months. The Annual Manhole Rehabilitation project is facilitated
by Public Works staff. This project has not yet been started.
Staff has begun drafting a Request for Proposal for design of the Bowron Road Sewer Upsize project.
This project was budgeted based upon the scope of work in the sewer assessment. An additional
study recently completed for a private development in the area indicated a longer segment of sewer
main should be upsized. Public Works staff has also identified a segment of sewer main that ties into
this section of Bowron Road as needing continual maintenance. While upsizing the Bowron Road
sewer main, it is a good opportunity to address this additional segment of pipeline. Staff anticipates
requesting an additional appropriation of funding at a future City Council meeting, from both the
Sewer Connection Fee fund, for the additional segment of pipe being upsized, and the Sewer
Enterprise Fund for the pipe replacement for maintenance purposes. The Sewer Connection Fee fund
is funded by developer impact fees for sewer impacts and fees paid for individual sewer connections.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. Cl P Project Status List
Reviewed/ Approved By:
wend Kaserman
Assistant City Manager
4 of 6
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
October 6, 2020, Item #12
CIP PROJECT STATUS:
Complete:
1. FY 2018-19 ADA Barrier Removal -Lake Poway Pathways
2. City Hall Hydronic Piping Replacement
3. Buehler Reservoir Rehabilitation
4. Rattlesnake Creek Integrity Study
5. Valle Verde Playground Renovation
6. Fiscal Year 2019-20 Street Overlay
Substantially Complete:
1. Martincoit Road Sewer Upsize
2. Fiscal Year 2020-21 Street Maintenance
3. Fiscal Year 2020-21 Street Striping
Under Construction/Studies:
1. Espola Road Safety Improvements
2. LED Street and Safety Light Conversion
3. Mickey Cafagna Community Center
4. Chemical Building and Tank Farm Upgrades
5. Annual Valve Replacement
6. 36-inch Steel Water Main Assessment
7. Sewer Line Repair Replace 14/15 (Pomerado Rd/Stone Canyon Rd)
8. 2019-20 Corrugated Metal Pipe Annual Repair/Replace
Bid/Pre-Construction:
1. FY 2019-20 ADA Barrier Removal -Lake Poway
2. Traffic Signal Controller Upgrades (FY 19/20)
3. City Monument Sign Replacement
4. Sebago Avenue Channel Repair
5. Annual Trash Capture Program
6. Boulder Mountain Reservoir 1 and 2 Rehabilitation
7. Swim Center Valve and Strainer Replacement (Community Services)
8. Swim Center Deck Coating (Community Services)
9. Public Facilities Renovation -City Hall HVAC Controls
10. Water Treatment Plant Clearwell Distribution Flow Meters
Design:
1. Espola Road Bike Lanes
2. Neighborhood Sidewalks (Powers & Garden Areas)
3. Exposed Sewer East of Martincoit
4. Clearwell Upgrades (Public Works)
5. Clearwell Bypass (Public Works)
5 of6 ATTACHMENT A October 6, 2020, Item #12
Pre-Design:
1. Fiscal Year 2020-21 Street Overlay
2. Traffic Signal Controller Upgrades (FY 20/21)
3. FY 2020-21 ADA Barrier Removal -Lake Poway
4. Bowron Road Sewer Upsize
5. Power to Blue Crystal Reservoir
6. PRV Station Access Assessment
7. WTP Electrical System Assessment
8. Annual Sewer Line Repair/Replace
9. Clearwell Overflow Structure Modifications (Public Works)
10. SDCWA Treated Water Connection (Public Works)
11. Annual Manhole Rehabilitation (Public Works)
12. Blue Sky Amphitheater Shade Structure (on hold)
13. Butterfield Trail Sewer Upsize (delayed to 2021)
6 of6 October 6, 2020, Item #12
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
October 6, 2020
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works
CITY COUNCIL
Will Willey, Assistant Director of Public Works for Maintenance Operation+'
(858) 668-4705 or wwilley@poway.org
Authorization to Purchase a Vacuum/Jet-Rod Truck by Cooperative Purchase
Agreement and a Passenger Van through Informal Bid
The City's approved Fiscal Year 2020-21 Capital Replacement Equipment Fund includes funding to
purchase one vacuum/jet-rod (vactor) truck and one passenger van. The City is a member of several
cooperative purchasing organizations and for optimal pricing it is recommended the vactor truck be
procured through the Sourcewell cooperative purchasing program and the passenger van be
procured through informal bid from Poway Chrysler Jeep Dodge Ram. The total estimated cost for
these vehicles, including upfits, sales tax, tire tax, and documentation fees is $559,141.78.
Recommended Action:
It is recommended that the City Council authorize the purchase of a Vacuum/Jet-Rod
Stormwater/Sewer Pipe Cleaning and Excavation Truck ($527,220.88) from Haaker Equipment
Company, through a Sourcewell Cooperative Purchasing Agreement and a Passenger Van ($31,920.90)
from Poway Chrysler Dodge Jeep Ram through an informal bid process for a total estimated cost of
$559,141.78, and authorize the City Manager to execute any necessary documents.
Discussion:
The City maintains over 125 street legal vehicles for the purpose of inspecting, maintaining and
operating City facilities, and infrastructure. Annually, several of these vehicles must be replaced as
they have met their useful life, have excessive mileage, or as a result of their maintenance history.
The current budget contains funding to replace one of the Wastewater and Stormwater Divisions'
vactor trucks and the Community Services Department's passenger van.
The City's two vactor trucks are used to clean and maintain City sewer lines and stormwater catch
basins. The City's two vactor trucks are utilized by both the Wastewater and Stormwater Divisions.
One of the vactor trucks is eight years old and is scheduled for replacement. The vactor truck is used
for stormwater system maintenance including removal of sediment and debris in 106 miles of
1 of 3 October 6, 2020, Item #13
stormwater pipes, 1,432 curb inlets, and 44 box culverts. The Wastewater Division has an estimated
182 miles of sanitary sewer collection pipelines in Poway and cleans approximately 30 percent of the
system annually utilizing the vactor truck. The vactor truck is also used to respond to emergency
situations such as stormwater pipe failures, sewer blockages, and water distribution main breaks in
order to protect public health and safety and ensure regulatory compliance. In an effort to maximize
cost savings, staff is utilizing the Sourcewell cooperative purchasing contract for this vehicle. Section
3.28.110 of the Poway Municipal Code permits the use of cooperative purchasing programs for
procurement of supplies, services and equipment when the administering agency has made their
purchase in a competitive manner. The City solicited and received a quote from Haaker Equipment
Company, a member of Sourcewell, in the amount of $527,220.88. The eight-year old vactor truck will
be sent to auction out of state due to California Air Resources Board requirements, when the new
vactor truck is received.
The Community Services Department's nineteen-year old passenger van has exceeded its useful life
and is scheduled for replacement. Fleet staff worked closely with Community Services staff to
determine the needs of the department. After careful consideration, the Chrysler Pacifica Touring
model met or exceeded the department's specifications and requirements. The City recognizes that
there is a regional benefit whenever it can do business with local dealers. As such, the City requested
quotes from local dealers for a passenger van matching the Community Services specifications. The
City received two responsive quotes, one from Poway Chrysler Jeep Dodge Ram and one from Perry
Ford of Poway. The passenger van, Chrysler Pacifica Touring, from Poway Chrysler Jeep Dodge Ram
best met needs of the department and was lower than the State's cooperative purchasing contracts.
As such, staff is requesting authorization to purchase the passenger van from Poway Chrysler Jeep
Dodge Ram. Staff ran an informal bid for this purchase since the expected cost of the passenger van
would be less than $50,000.00. The total cost of the passenger van is $31,920.90. The purchasing of
the passenger van from Poway Chrysler Jeep Dodge Ram will save Poway residents tax dollars on this
purchase, while also contributing to the local tax base.
It is anticipated that it will take approximately nine to twelve months for the City to take delivery of
the vactor truck and six weeks to take delivery of the passenger van. Upon receipt of the vehicles,
staff will complete all necessary steps to get the vehicles into use, including proper registration and
insurance as well as any necessary insignia, lights or additional accessories.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The City proactively plans for the replacement of its vehicles by annually setting aside a portion of the
anticipated replacement costs. As such, sufficient funding is available in the Fiscal Year 2020-21 Capital
Replacement Equipment Fund (115010-61040) for the purchase of the vactor truck and passenger
van. The total cost for these two vehicles is $559,141.78. The collection of annual replacement charges
on these new vehicles will begin next fiscal year.
Public Notification:
None.
2 of3 October 6, 2020, Item #13
Attachments:
None.
Reviewed/ Approved By:
w~d aserman
Assistant City Manager
3 of3
Reviewed By:
Alan Fenstermacher
City Attorney
App roved By:
City Manager
October 6, 2020, Item #13
October 6, 2020, Item #14M EM ORAN DLJ M City of Poway DATE: TO: FROM: October 6, 2020 Members of the City Council Steve Vaus, Mayor SUBJECT: Partner with Poway Unified School District to Facilitate Distance Learning Summary: As a result of the COVID-19 pandemic, schools have been closed for in-person instruction and most schools throughout California are using a virtual learning model. Poway Unified School District (PUSD) began the year with distance learning. Internet access is critical to distance learning as school learning is being conducted via Zoom, Google classroom, and other on line programs. However, many low-income households in Poway do not have internet access which severely limits their ability to learn in a distance-learning environment. These children and their families are facing enough challenges due to the pandemic. Let's do what we can to lessen the struggle of distance learning. This is Poway. Whenever we face a challenge, we take care of one another. Based on data from PUSD there are 200 City of Poway families who do not have internet access to participate in distance learning. The funding is to provide 200 low-income families with portable hot-spots and one year of dedicated internet access to facilitate distance learning would cost approximately $48,000. This is a unique and important opportunity for the City of Poway to partner with PUSD to help support distance learning for Poway families in need. The City of Poway was recently allocated an additional $246,266 from round three CARES Act CDBG-CV funds. Under the CDBG regulations for CARES Act, equipment may be purchased when the item constitutes all or part of a public service. Recommended Action: I ask for Councilmembers' concurrence to direct staff to partner with Poway Unified School District and allocate funding under CDBG-CV guidelines to support the provision of internet access, so distance learning leaves no family behind. Attachments: None. Reviewed/ Approved By ' Wenoy Kaserman Assistant City Manager 1 of 1 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager