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07-20-21 Agenda Packet
wishing to speak on items on the agenda may do so when the item is being considered. If you wish to speak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in online and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the t ime that the item you wish to speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be made available online after the meeting. Technical Support I For more information on how to connect, visit www.poway.org/meetinghelp. Agenda Materials I This agenda contains a brief summary of each item the Council will consider. The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org. Sign up at https://poway.org/list.aspx to receive email notifications when City Council agendas are published online. Items listed on the agenda with a"#" symbol are in preparation. American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting. The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency 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 wi ll 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. 2 of 6 Regular City Council Meeting July 20, 2021 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 June 1, 2021 Regular City Council Meeting and June 15, 2021 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. Award of Agreement with ALS Group USA, Corp. for Potable Water Analytical Laboratory Services, RFP No. 21-030 5. Acceptance of the Extension of the 2018-2019 Street Maintenance Project Contract for the 2020- 2021 Street Maintenance Project; Bid No. 18-022 (Second Amendment) with American Asphalt South, Inc., as Complete 6. Acceptance of the Mickey Cafagna Community Center Project; Bid No. 20-004 with EC Constructors, Inc. as Complete 7. Acceptance of the Railroad Track Repair Project with RailWorks Track Services as Complete ORDINANCES FOR INTRODUCTION: None ORDINANCES FOR ADOPTION: None PUBLIC HEARINGS: 8. Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2021-22 City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution 9. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2021-22 City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution 10. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-2 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2021-22 City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution 3 of 6 Regular City Council Meeting July 20, 2021 11. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-3 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2021-22 City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution 12. Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2021-22 City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution 13. Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2021-22 City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution 14. Resolution Establishing Assessments for Poway Lighting District to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2021-22 City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution 15. Tentative Tract Map 17-005/Variance 21-003 -Hidden Valley Ranch; A Request for a 41-lot Subdivision with over Height Entryway Retaining Walls at 17150 Old Coach Road City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution 16. Environmental Assessment and Specific Plan Amendment 20-002, Conditional Use Permit 20-004, and Development Review 20-005 City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing, adopt the resolutions and introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption for August 3, 2021 STAFF REPORTS: 17. Award of Contract to Tri-Group Construction and Development, Inc. for the Espola Road Safety Improvements -Phase 2 Project; Bid No. 21-021 City Manager's Recommendation: It is recommended that the City Council award the contract for the Espola Road Safety Improvements -Phase 2 Project to Tri-Group Construction and Development, Inc., the lowest responsible and responsive bidder, in the amount of $1,899,805.00 18. Award of Contract to G.S.E. Construction Company, Inc. for the Lester J. Berglund Water Treatment Plant Clearwell Bypass Project; Bid No. 21-020 4 of 6 Regular City Council Meeting July 20, 2021 City Manager's Recommendation: It is recommended that the City Council award the contract for the Lester J. Berglund Water Treatment Plant Clearwell Bypass Project to G.S.E. Construction Company, Inc., the lowest responsible bidder, in the amount of $7,273,700.00 19. Authorization to Purchase an Emergency-Use Trailer-Mounted Portable Diesel Generator through Sourcewell Cooperative Purchase Agreement City Manager's Recommendation: It is recommended that the City Council authorize the purchase of a trailer-mounted portable diesel generator from Hawthorne CAT Power Systems, through the Sourcewell Cooperative Purchasing Program for a total estimated cost of $240,415.03 20. Approval of a Second Amendment to the Agreement with Kennedy/Jenks Consultants, Inc., for Program Management Services, RFQ No. 20-001 City Manager's Recommendation: It is recommended that the City Council approve the Second Amendment to the Agreement for Program Management Services, RFQ No. 20-001 to Kennedy/Jenks Consultants, Inc. and authorize the City Manager to execute the necessary document 21. Tentative Agreement for a Successor Memorandum of Understanding between the City of Poway and the Non-Safety Employees, California Teamsters Local 911, and Changes to the Salary and Benefit Plan for the Management/Confidential Group City Manager's Recommendation: It is recommended that the City Council adopt the Resolutions. WORKSHOPS: None COUNCIL-INITIATED ITEMS: None COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) CITY MANAGER ITEMS: CITY ATTORNEY ITEMS: (Including any public report of any actio n ta ken in closed sess ion) 22. Conference with Legal Counsel -Anticipated Litigation Government Code§ 54956.9(d)(2) -one (1) case 23. Conference with Labor Negotiators Government Code Section 54957.6 Designated City Representatives: Chris Hazeltine, Wendy Kaserman, Aaron Beanan and Jodene Dunphy Employee Organizations: Poway Firefighters' Association ADIOURNMENT 5 of 6 Regular City Council Meeting July 20, 2021 1 of 13July 20, 2021, Item #2AGENDA REPORT CityofPoway DATE: TO: FROM: July 20, 2021 Honorable Mayor and Members of the City Council Deborah Harrington, Interim City Clerk (858) 668-4535 or dharrington@poway.org CITY COUNCIL SUBJECT: Approval of the June 1, 2021 and June 15, 2021 Regular City Council Meeting Minutes Summary The City Council Meeting Minutes submitted hereto for approval are: • June 1, 2021 Regular City Council Meeting Minutes • June 15, 2021 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency. Recommended Action: It is recommended that the City Council approve the June 1, and June 15, 2021 Regular City Council Meeting Minutes. Public Notification: None. Attachments: A. June 1, 2021 Regular City Council Meeting Minutes B. June 15, 2021 Regular City Council Meeting Mintues Reviewed/ Approved By: Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager 2 of 13July 20, 2021, Item #2NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES June 1, 2021 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Deputy Mayor Leonard called the Regular Meeting to order at 7:01 p.m. ROLL CALL John Mullin, Caylin Frank, Dave Grosch, Barry Leonard ABSENT Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Vaida Pavolas; 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; Captain Dave Schaller, Sheriff's Department (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE Councilmember Frank led the Pledge of Allegiance. MOMENT OF SILENCE Deputy Mayor Leonard led a moment of silence. PRESENTATIONS None. 3 of 13July 20, 2021, Item #2City of Poway -Minutes -June 1, 2021 PUBLIC COMMENT None. CONSENT CALENDAR Motioned by Councilmember Mullin, seconded by Councilmember Grosch to approve Consent Calendar Items 1 through 10. Motion carried by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Mullin, Frank, Grosch, Leonard None None Vaus None 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the May 4, 2021 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 21-032 entitled IIA Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVID-19) Global Pandemic" 4. Adoption of Resolution No. 21-028 entitled "A Resolution of the City Council of the City of Poway, California, Approving an Adjustment to EDCO Waste and Recycling Services' Rate Schedule" 5. Award of Agreement for Street Sweeping Services, Cannon Pacific Services, Inc. d/b/a Pacific Sweeping; RFP No. 21-025 6. Award of Agreement with Siemens Industry, Inc. for Heating, Ventilation and Air Conditioning; RFP No. 21-020 7. Approval of Agreement Between the City of Poway and TicketSearch North America LLC for Box Office Ticketing Software at the Poway Center for the Performing Arts Jana Johnson, Janet Lettang and Kate Hirsch submitted email correspondence in support of the agreement. 8. Acceptance of the Welcome to Poway Sign Replacement Project; Bid No. 21-002 with New Century Construction, Inc. as Complete 9. Award of Contract to L.C. Paving & Sealing, Inc., for the FY 2020-21 ADA Barrier Removal -Lake Poway Pathways Project; Bid No. 21-016 10. Award of Agreement to Wittman Enterprises, LLC for Emergency Medical Services Billing and Collection Services through Cooperative Purchase 4 of 13July 20, 2021, Item #2City of Poway -Minutes -June 1, 2021 ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS 11. Adoption of the City of Poway's 2020 Urban Water Management Plan and Addendum to the City of Poway's 2015 Urban Water Management Plan Deputy Mayor Leonard opened the public hearing at 7:03 p.m. Utilities Administrator Jessica Parks presented the report along with a PowerPoint presentation. Ms. Parks discussed the 2020 Urban Water Management Plan, Addendum to the City of Poway's 2015 Urban Water Management Plan and the projected weather water demands. In response to Council inquiry, Ms. Parks explained that the status of the Delta Conveyance Project is in the beginning phase as the State needs information from each water supplier to complete their EIR. No speakers. Deputy Mayor Leonard closed the public hearing at 7:13 p.m. Council discussion ensued. Motioned by Councilmember Mullin, seconded by Councilmember Frank to adopt Resolution No. 21-029 entitled "A Resolution of the City Council of the City of Poway, California, Adopting the City of Poway's 2020 Urban Water Management Plan" and Resolution No. 21-030 entitled "A Resolution of the City Council of the City of Poway, California, Adopting an Addendum to the 2015 Urban Water Management Plan." Motioned carried 4i0/1, with Mayor Vaus absent. STAFF REPORTS 12. Provide Water Infrastructure Improvement Program Update and Adopt a Resolution Authorizing Reimbursement of Certain Water Capital Improvement Expenditures from the Proceeds of Future Indebtedness Principal Civil Engineer for Public Works Utilities Shadi Sarni presented the report along with a PowerPoint presentation. Ms. Sarni shared a video and stated that the water infrastructure improvement program is a multigenerational water improvement program. The Water Infrastructure Improvement Program is the largest water capital improvement program that the City has undertaken. This program will add redundancy and resiliency to our water system and consists of significant improvements to our existing 10 MG storage reservoir (Clearwell) that has reached the end of its useful life and a new treated water connection with the San Diego County Water Authority. The improvements to the Clearwell require a bypass system to bypass the Clearwell and take it offline. The bypass system is the first project in the series of projects and is referred to as the Clearwell Bypass Project. 5 of 13July 20, 2021, Item #2City of Poway -Minutes -June 1, 2021 The program has been discussed at City Council meetings on a number of occasions. It has been brought to the City Council as an informational item, to provide updates and to request approval of the various components on March 18, 2020, June 16, 2020, October 20, 2020, November 17, 2020, March 16, 2021, April 20, 2021, and June 1, 2021. A Town Hall Meeting was held on May 10, 2021 to provide program information to Poway residents. Director of Finance Aaron Beanan presented an update regarding the financing plan for the program. Mr. Beanan explained that the reimbursement resolution helps minimize impacts from this program to ratepayers by providing financing flexibility and preserving tax-exempt status. Mr. Beanan stated the approval of the reimbursement resolution does not obligate the Council to issue debt and does not authorize the issuance of debt. He stated staff would return to Council for their consideration of any debt issuances related to the water program. No speakers. Council discussion ensued. In response to Council inquiry, Ms. Sarni explained that there was a six-month gap between the bypass and Clearwell replacement since the City was not sure of subsurface conditions under the existing Clearwell. The City will not be able to investigate until the Clearwell is offline. Motioned by Deputy Mayor Leonard, seconded by Councilmember Grosch to adopt Resolution No. 21-031 entitled "A Resolution of the City Council of the City of Poway, California, Regarding Its Intention to Issue Tax-Exempt Obligations for Its Water System." Motion carried 4/0/1, with Mayor Vaus absent. WORKSHOPS None. COUNCIL-INITIATED ITEMS None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) Council made announcements and reported on various events taking place in the City. No action was taken. CITY MANAGER ITEMS: None. 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 at the Closed Session held on Monday, May 24, 2021. 6 of 13July 20, 2021, Item #2City of Poway -Minutes -June 1, 2021 ADJOURNMENT The meeting adjourned at 7:48 p.m. Deborah Harrington Interim City Clerk City of Poway, California 7 of 13July 20, 2021, Item #2NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES June 15, 2021 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Regular Meeting to order at 7:00 p.m. ROLL CALL John Mullin, Caylin Frank, Dave Grosch, Barry Leonard, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Vaida Pavolas; 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; Captain Dave Schaller, Sheriff's Department (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE Deputy Mayor Leonard led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATIONS None. PUBLIC COMMENT Nick and Linda Carruthers via email, expressed support for a smoke free outdoor dining policy. 8 of 13July 20, 2021, Item #2City of Poway -Minutes -June 15, 2021 Yuri Bohlen via teleconference, spoke regarding the Mickey Cafagna Community Center. Pat Batten representing Action for Spent Fuel Solutions Now, via teleconference, spoke regarding San Onofre Nuclear Generating Station (S.O.N.G.S.). Pierra Moise representing American Lung Association, via email and teleconference, expressed support for a smoke free outdoor dining policy. Samuel Mahjuouri via teleconference, expressed support for a smoke free outdoor dining policy. Iris Liu via teleconference, expressed support for a smoke free outdoor dining policy. Flora Yuan via teleconference, expressed support for a smoke free outdoor dining policy. Nayana Vallamkondu via teleconference, expressed support for a smoke free outdoor dining policy. Anusri Thokachichu via teleconference, expressed support for a smoke free outdoor dining policy. Sotera Anderson via teleconference, expressed support for a smoke free outdoor dining policy. Erica Costa on behalf of Naya Harrison via teleconference, expressed support for a smoke free outdoor dining policy. CONSENT CALENDAR Item 22 was removed from the Agenda at the request of the Applicant. Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to approve Consent Calendar Items 1 through 25. Motion carried by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Mullin, Frank, Grosch, Leonard, Vaus None None None None 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the May 17, 2021 Special City Council Meeting, May 18, 2021 Regular City Council Meeting and May 24, 2021 Special City Council Meeting Minutes 3. Adoption of Resolution No. 21-033 entitled "A Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVID-19) Global Pandemic" 4. Award of Agreement with West Coast Arborists, Inc. for Urban Forestry Maintenance Services 5. Adoption of Resolution No. 21-034 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway 9 of 13July 20, 2021, Item #2City of Poway -Minutes -June 15, 2021 Landscape Maintenance District 83-1 for Fiscal Year 2021-22 and Set a Date for Public Hearing" 6. Adoption of Resolution No. 21-035 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 86-1 for Fiscal Year 2021-22 and Approving the Engineer's Report" 7. Adoption of Resolution No. 21-036 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 86-2 for Fiscal Year 2021-22 and Approving the Engineer's Report" 8. Adoption of Resolution No. 21-037 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 86-3 for Fiscal Year 2021-22 and Approving the Engineer's Report" 9. Adoption of Resolution No. 21-038 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 87-1 for Fiscal Year 2021-22 and Approving the Engineer's Report" 10. Adoption of Resolution No. 21-039 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 19-1 for Fiscal Year 2021-22 and Approving the Engineer's Report" 11. Adoption of Resolution No. 21-040 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Lighting District for Fiscal Year 2021-22 and Approving the Engineer's Report" 12. Adoption of Resolution No. 21-041 entitled "A Resolution of the City Council of the City of Poway, California, Acknowledging Receipt of a Report Made by the Deputy Fire Chief of the Poway Fire Department Regarding the Inspection of Certain Occupancies Required to Perform Annual Inspections in Such Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code" 13. Award of Contract to SWCS, Inc., for the Vehicle Maintenance Garage Roll-up Door Replacement Project; Bid No. 21-018 14. Award of Agreement with Siemens Mobility, Inc. for Traffic Signal Maintenance Services 15. Acceptance of Highway Safety Improvement Program Grant 16. Approval of Consultant Agreement with Mission Consulting Services for As-Needed Water Systems Analysis Services; RFP No. 21-027 17. Esch eat Money in Treasury 10 of 13July 20, 2021, Item #2City of Poway -Minutes -June 15, 2021 18. Award of Contract to DB Pipeline, Inc. for the Sewer Line Repair/Replace 20/21 (Pomerado Road/Stone Canyon Road); Bid No. 21-017 19. Acceptance of the Treatment Plant, Chemical Building and Tank Farm Upgrades Project; Bid No. 19-022 with J.R. Filanc Construction Company, Inc., as Complete 20. Adoption of Resolution No. 21-042 entitled "A Resolution of the City Council of the City of Poway, California, Authorizing the Mayor and City Clerk to Execute on Behalf of the City a State of California Governor's Office of Emergency Services Designation of Subrecipient's Agent Resolution Form 130" 21. Acceptance of the Martincoit Road Sewer Upsize Project; Bid No. 19-015 with Blue Pacific Engineering & Construction as Complete 22. Approval of a Lease Agreement Between the Poway Housing Authority and North County Soccer Park, LLC for the temporary use of the vacant property located approximately 300 feet 'Nest of the intersection of Twin Peaks Road and Espola Road and known as Assessor Parcel Number 321 190 28 Chris Cruse submitted email correspondence regarding the temporary use of the vacant property. 23. Approval of Lease Agreement New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, for Cellular Communications Equipment on City:-owned Property at 15498 Espola Road 24. Award of Contract to Safe USA, Inc. for the FY 2021-22 Citywide Striping Project; Bid No. 21-013 25. Award of Contract to Pavement Coatings Co. for the FY 2021-22 Street Maintenance Project; Bid No. 21-014 ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS 26. 2020 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2021-2022 Mayor Vaus opened the public hearing at 7:20 p.m. Code Compliance Officer Dan Welte presented the report. No speakers. 11 of 13July 20, 2021, Item #2City of Poway-Minutes -June 15, 2021 Mayor Vaus closed the public hearing at 7:21 p.m. Council discussion ensued. Motioned by Mayor Vaus, seconded by Councilmember Grosch to adopt Resolution No. 21-043 entitled "A Resolution of the City Council of the City of Poway, California, Approving the 2020 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2021-2022" 27. Resolution Adopting a List of Projects for Fiscal Year 2021-22 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 Mayor Vaus opened the public hearing at 7:22 p.m. City Engineer Melody Rocco presented the report. No speakers. Mayor Vaus closed the public hearing at 7:24 p.m. In response to Council inquiry, Ms. Rocco explained that the City is sectioned into eight areas which are rotated chronologically to determine which areas are paved or slurry sealed. Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 21-044 entitled "A Resolution of the City Council of the City of Poway, California, Adopting a List Of Projects for Fiscal Year 2021-22 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017" 28. Conditional Use Permit 21-003, a Request to Establish a Thrift Shop within an Existing Commercial Building located at 12511 Poway Road Mayor Vaus opened the public hearing at 7:25 p.m. Associate Planner Oda Audish presented the report along with a PowerPoint presentation. Rob Kohler and Christine Heath submitted email correspondence expressing opposition to Conditional Use Permit 21-003. Yuri Bohlen, via teleconference, spoke in support of the conditional use permit. Mayor Vaus closed the public hearing at 7:33 p.m. Council discussion ensued in support of the thrift shop. Motioned by Councilmember Frank, seconded by Councilmember Grosch to adopt Resolution No. 21-045 entitled "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 21-003. Assessor's Parcel Number 317-540-63" 29. Proposed Fiscal Year 2021-22 Operating Budget and Capital Improvement Program Mayor Vaus opened the public hearing at 7:37 p.m. 12 of 13July 20, 2021, Item #2City of Poway -Minutes -June 15, 2021 Director of Finance Aaron Beanan presented the report along with a slideshow presentation. Mr. Beanan provided an overview of the annual budget explaining the Budget Review Committee's (BRC) recommendations. Mr. Beanan provided information on personnel costs, revenue growth, budget readability, vacancies, planning division, Poway Center for the Performing Arts annual subsidy, fire safety services, mitigation of unexpected financial risk and long-range financial forecasts. Mr. Beanan explained that the projected deficits for FY 2022-2023 through FY 2025-2026 have shrunk, in part due to FY 2021-2022 budget being less than originally projected and some minor changes to Community Services revenue assumptions. Senior Civil Engineer Melody Rocco followed with a report and slideshow presentation regarding current and upcoming Capital Improvement Projects planned for Fiscal Year 2021-2022. Brian Pepin, Budget Review Committee Chair, presented the Committee's report and discussed their recommendations for the FY 2021-2022 proposed financial program along with a slides how presentation. Dan Krall representing Poway-On Stage Director, via teleconference, expressed appreciation for the City's commitment to the PCPA and the long-term partnership between the City and Poway On-Stage. To mitigate the financial impact on Poway On-Stage, Mr. Krall asked that the City consider reducing the cash subsidy to Poway On-Sage by 50% in FY 2021-22 and eliminate the subsidy completely in FY 2022-23 rather than eliminating the entire subsidy in one fiscal year. Mayor Vaus closed the public hearing at 8:22 p.m. Council discussion ensued. In response to the BRC's recommendation regarding the elimination of the direct cash subsidy to Poway On-Stage, Council concurred to reduce the subsidy by 50 percent for FY 2021-22. Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 21-046 entitled "A Resolution of the City Council of the City of Poway, California, Approving Changes to the City of Poway Position Classification Plan and the City of Poway Salary Schedule for Management/ Confidential Employees" Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 21-047 entitled "A Resolution of the City Council of the City of Poway, California, Approving the Part-Time Temporary/Seasonal Wage Schedule" Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 21-048 entitled "A Resolution of the City Council, Housing Authority and Successor Agency to the Poway Redevelopment Agency of the City of Poway, California, Approving and Adopting the Annual Operating Budget and Capital Improvement Program for the Fiscal Year 2021-22 and Appropriating Funds" Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 21-049 entitled "A Resolution of the City Council of the City of Poway, California, Adopting an Appropriations Limit for Fiscal Year Ending June 30, 2022" 13 of 13July 20, 2021, Item #2City of Poway -Minutes -June 15, 2021 STAFF REPORTS None. WORKSHOPS None. COUNCIL-INITIATED ITEMS None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) Council made announcements and reported on various events taking place in the City. No action was taken. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None. ADJOURNMENT The meeting adjourned at 9:01 p.m. Deborah Harrington Interim City Clerk City of Poway, California July 20, 2021, Item #3)~~J, AGENDA REPORT City of Poway ······•-·. ··•• ,--.,.::: ---------DATE: TO: FROM: CONTACT: SUBJECT: Summary: July 20, 2021 Honorable Mayor and Me~s of the City Council Jon M. Canavan, Fire Chie~ 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. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the City Manager's Proclamation of Local Emergency. The City Council approved to continue the emergency action in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, and December 15. And in 2021, the City Council approved to continue the emergency action on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1 and June 15. The adopted 1 of 5 July 20, 2021, Item #3resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: As of June 28, 2021, City costs to respond to COVID-19 are estimated at $988,235. These costs specifically relate to FEMA eligible expenditures. The total fiscal impact is unknown at this time. Per the City Council adopted General Fund Reserve policy, the City maintains a General Fund Reserve of 45 percent of the budgeted annual General Fund operating expenditures, or $19,233,004 as of June 30, 2020, net of the $2,000,000 used from the Extreme Events/Public Safety reserve the City Council approved on April 16, 2020 to fund the Poway Emergency Assistance Recovery Loan (PEARL) program. The PEARL program is discussed in more detail below. Within that 45 percent, $12,142,455 is set aside for Extreme Events/Public Safety. Based upon the City's reserve policy, there are adequate reserves to cover the costs to respond to this health emergency. Further, staff believes some of the costs are recoverable under State and Federal Disaster programs. Amounts recovered under these programs will be used to replenish the General Fund reserve. Pursuant to the reserve policy, staff will return with a plan to replenish any General Fund reserves not replenished under a State or Federal Disaster program. Staff will recommend applicable budget adjustments prior to the completion of the current fiscal year. In addition to using reserves to respond to COVID-19, as mentioned above, on April 20, 2020, the City Council approved $2,000,000 to fund the PEARL program for small businesses. The PEARL program's goal is to offer financial assistance to small businesses located in Poway by complementing existing state and federal loan programs and to provide a financial bridge to businesses to survive the current emergency. The PEARL program provides loans of up to $50,000 to eligible business. As of June 28, 2021, staff has received 80 applications requesting $2,912,165 in loans. Based on staff's review, 35 loans totaling $1,385,326 have been approved and two loans totaling $100,000 have been repaid. The reserve fund will be replenished from the repayment of PEARL loans over a three-year period following the end of the local COVI D-19 emergency. This period falls within the General Fund Reserve Policy's direction to fully replenish reserves within five years of use. Public Notification: None. Attachments: A. Resolution B. Proclamation of Local Emergency Reviewed/ Approved By: WendYerman Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: July 20, 2021, Item #3RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING THE CONTINUED EXISTENCE OF AN EMERGENCY WITHIN THE CITY DUE TO THE NOVEL CORONAVIRUS (COVID-19) GLOBAL PANDEMIC WHEREAS, the Novel Coronavirus (COVID-19) global pandemic in the City of Poway, commencing on or about January 24, 2020 that creates a threat to public health and safety; WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section 2.12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by a public calamity, and the City Council is not in session; WHEREAS, on March 13, 2020, the City Manager, acting pursuant to Government Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based on conditions of extreme peril to the health and safety of persons caused by the Novel Coronavirus (COVID-19) global pandemic; WHEREAS, on March 18, 2020, the City Council, acting pursuant to Government Code section 8630 and PMC section 2.12.065, ratified the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, approved extending the emergency declaration during regularly scheduled meetings in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, December 15, and in 2021 on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1 and June 15; WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050; WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and WHEREAS, such the Novel Coronavirus (COVID-19) global pandemic constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: 3 of 5 ATTACHMENT A July 20, 2021, Item #3Resolution No. 21-Page 2 SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVID-19) global pandemic; and (a) The continuing threat of the Novel Coronavirus (COVID-19) global pandemic requires that the City be able to expend public money in order to safeguard life, health, or property; (b) The City Manager, as the City's Personnel Officer, is authorized to take actions necessary to alter employee leave policies and ensure a safe and healthy workforce; (c) The City Manager is authorized to safeguard life, health, or property without complying with notice or bidding procedures; and (d) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regular meeting, at which time the City Council shall either continue the emergency action or declare the emergency ended. SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 4of5 July 20, 2021, Item #3PROCLAMATION OF LOCAL EMERGENCY WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by the Novel Coronavirus (COVID-19) commencing on January 24, 2020; WHEREAS, that the City Council of the City of Poway is not in session and cannot immediately be called into session; and WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven days of being issued. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of Poway, that a local emergency now exists throughout the City and that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; and IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Director of the Governor's Office of Emergency Services with a request that; 1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the Natural Disaster Assistance Act; and 2. The State Director forward this Proclamation, and request for a State Proclamation and Presidential Declaration of Emergency, to the Governor of California for consideration and action. PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway this 13th day of March 2020. Director of Emergency Services 5 of 5 ATTACHMENT B July 20, 2021, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway July 20, 2021 Honorable Mayor and Members of the City Co:1(1cil Eric Heidemann, Director of Public Works ~ ~ CITY COUNCIL Troy DePriest, Assistant Director of Public Works for Utilities 7lJ P (858) 668-4750 or tdepriest@poway.org Award of Agreement with ALS Group USA, Corp. for Potable Water Analytical Laboratory Services, RFP No. 21-030 A Request for Proposals (RFP) for Potable Water Analytical Laboratory Services was duly advertised on May 27, 2021, and June 3, 2021. One proposal was received and opened on June 21, 2021. ALS Group USA, Corp. was found to be responsive to the criteria in the proposal. The first term of the agreement is two (2) years beginning July 21, 2021, through June 30, 2023 and may be extended for up to three (3) one-year terms. Recommended Action: It is recommended that the City Council award the Agreement for Potable Water Analytical Laboratory Services, RFP No. 21-030, to ALS Group USA, Corp. and authorize the City Manager to execute the necessary documents. Discussion: The City of Poway ("City") operates and maintains a water system which includes a water treatment plant, Lake Poway and the water distribution system. Operation of the City's water system requires constant sampling and testing by a state-certified laboratory, to ensure/confirm water quality, which include water quality sampling, laboratory analysis services, lake limnology monitoring, and the preparation of various regulatory reports the City provides to the State of California. Some water quality tests are performed by City staff, but the majority require specialized training, equipment and are more economically performed by a private, certified laboratory. There is a specialized market for laboratories that provide the services required for this agreement; services such as developing and implementing a water quality monitoring plan that is in compliance with regulatory requirements, update the monitoring plan as-needed if regulatory changes occur, and preparing regulatory reports for submittal. 1 of 30 July 20, 2021, Item #4On May 27 and June 3, 2021, the City advertised an RFP for potable water analytical laboratory services in support of its water utilities divisions. The RFP was advertised on the City's website, online bid portal, and in the local newspaper. On June 21, 2021, the City received one proposal from ALS Group USA, Corp, a state certified laboratory (certificate number 1237). Evaluation criteria for the proposals included: qualifications and experience of firm, quality of work previously performed, professional qualifications, references and pricing. Staff reviewed the proposal from ALS Group USA, Corp. and determined they meet the City's requirements. ALS Group USA, Corp is a global leader in providing laboratory testing services, specializing in the analysis of drinking water and wastewater. Additionally, as the City's current service provider, ALS Group USA Corp. has a successful history of providing turnkey analytical and laboratory services to the City. Regulatory bodies such as the State Water Resources Control Board Department of Drinking Water require water testing. Thus, it is critical that the City secure this agreement to maintain regulatory compliance. The general frequency of testing ranges weekly, quarterly, monthly and annually, and some services are as needed based on test results. The amount of funds spent on laboratory services will be approximately $155,000 per year based on previous years' expenditures. Annual contract costs will not exceed the approved Water Supply, Treatment and Storage Division's budget for each fiscal year. The term of the agreement will be two (2) years beginning July 21, 2021, through June 30, 2023, and may be extended for up to three (3) one-year terms. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Funds in the amount of $158,580 are available in the Water Supply, Treatment and Storage Division's Fiscal Year 2021-22 budget (402060-41200) for Potable Water Analytical Laboratory Services for the first year of the two-year agreement. Funds for the second year of the agreement will be requested for appropriation through the Fiscal Year 2022-23 annual budgeting process. Public Notification: None. Attachments: A. Agreement with ALS Group USA, Corp. Reviewed/ Approved By: Wendy~ erman Assistant City Manager 2 of 30 Reviewed By: Alan Fenstermacher City Attorney Approved By: July 20, 2021, Item #4City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement entered into this 21st day of July, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and ALS Group USA, Corp. (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform Potable Water Analytical Laboratory Services in support of the Public Works Department; WHEREAS, Contractor has represented that they possess the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor 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 Contractor 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 in 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 Contractor. During said 60-day period Contractor shall perform all potable water analytical laboratory 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 Contractor in connection with the formation of this Agreement or the 3 of 30 ATTACHMENT A July 20, 2021, Item #4performance of services, or the failure to perform services as directed by City. Termination for cause shall be affected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor 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. Contractor 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 Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor 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. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor 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. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, 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 Contractor upon demand. 4of30 July 20, 2021, Item #49. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement, Contractor shall not act as contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor 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 Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter in which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency: 5 of30 (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. July 20, 2021, Item #4DISCLOSURE DETERMINATION: ~ 1. 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. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, 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. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor 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. Contractor represents and warrants to City that Contractor 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 Contractor to practice its profession. 6 of30 July 20, 2021, Item #414. Contractor's Insurance. Contractor 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 Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor 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 Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor 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 Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor 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 Contractor, 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 Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. 7 of 30 July 20, 2021, Item #4(e) Contractor 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 Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor'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 Contractor or its employees in connection with Contractor's performance of its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor 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 Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 8 of30 July 20, 2021, Item #419. 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. Contractor 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 Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor 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," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor 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 Contractor and City relating to the terms and conditions of the services to be performed by Contractor. 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. 9 of30 July 20, 2021, Item #424. 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. 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 30 July 20, 2021, Item #4IN 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: Deborah Harrington, Interim City Clerk APPROVED AS TO FORM: By: _________ _ Alan Fenstermacher, City Attorney 11 of 30 ALS Group USA, Corp. By: ____________ _ Shelly Brady, Customer Service Manager Date: ------------- July 20, 2021, Item #4A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform potable water analytical laboratory services as required by City, further described in the Agreement, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Schedule submitted in writing on June 20, 2021, which is included in this document as Attachment 2. Contractor's fee shall include, and Contractor 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 contracting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor 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. Contractor 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 July 21, 2021, and ending June 30, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination". This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Agreement and any Agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal), the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2023. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. 12 of 30 July 20, 2021, Item #4D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Contractor 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." 13 of 30 July 20, 2021, Item #43. Insurance Certificates: Contractor 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: 14 of 30 To City: To Contractor: City of Poway P.O. Box 789 Poway, CA 92074 ALS Group USA, Corp. 3337 Michelson Drive Suite CN750 Irvine, CA 92612 (Remainder of page intentionally left blank July 20, 2021, Item #4ATTACHMENT 1 TECHNICAL SPECIFICATIONS The purpose of this Agreement is to provide water quality collection, laboratory analysis, lake limnology monitoring and perform regulatory report services for the City of Poway's, Lester J. Berglund Water Treatment Plant (WTP), Lake Poway (Lake), the City's water distribution system, and other collection and laboratory analysis services as stipulated or needed. The City proposes to contract with a California state-certified laboratory that is proactive in their work standards and can meet the qualifications set forth in this proposal package. 1. Sampling Locations: There are approximately twenty-seven (27) distribution water quality sampling locations within the City of Poway. Sampling will occur at four additional locations which include the WTP and the Lake. Locations are subject to change during the term of the contract. The current service area covered by the sampling locations is 37 square miles. 2. Scope of Work: Contractor agrees to provide water quality collection and laboratory analysis services for the City of Poway's Lake Poway, Lester J. Berglund Water Treatment Plant, the City's water distribution system, and other collection and laboratory analysis services as stipulated or needed. Contractor shall provide the necessary qualified personnel to perform the services. In performance of the services, Contractor shall provide the following services: LAKE POWAY Collection and Analysis Annually: Perform all Title 22 analyses to include general mineral, general physical, organics, voe, SOC, etc.; and asbestos, radiological, etc. Quarterly: Nitrate, phosphorus, TOC. Monthly: Limnology -At the deepest part of Lake Poway, and at ten-foot intervals, test for temperature, dissolved oxygen, and surface, middle, and bottom for pH; test surface for plankton count; test bacteriological count MPN (most probable number), and for Total Coliform and E Coli (Present or Absent). Weekly: Perform weekly when monthly MPN bacteriological analysis exceeds 500 for Total Coliform. Weekly assessments must be taken until given count retreats below 500. 15 of 30 July 20, 2021, Item #4CITY DISTRIBUTION SYSTEM Collection and Analysis (Note: P/A = Present/Absent) The following assessments will be completed: Bacteriological: a. (16) Weekly Coliform Bacteria Test P/A b. (4) Weekly Heterotrophic Plate Count (HPC) Physical: a. (4) Weekly Threshold Odor Number b. (4) Weekly Temperature c. ( 4) Weekly Apparent Color d. (4) Weekly Turbidity Additional: a. (16) Weekly Cb -Total & Free b. (16) Weekly Nitrate C. (16) Weekly Nitrite d. (16) Weekly Free Ammonia Monthly: a. (1) Aluminum (one test per month) Quarterly: a. (32) Trihalomethanes or TTHM (eight per quarter & travel blank) b. (32) Haloacetic Acids or HHA (eight per quarter & travel blank) Annually: a. Lead Assessments (30 every three years) b. Copper Assessments (30 every three years) City Monitoring: Additional testing shall be performed for the City of Poway's self-monitoring of S22 (Community "Court" sample station), and the City's reclaimed water reservoir (Gregg Street) to include, but not limited to: Bacteriological: a. Weekly Coliform Bacteria Test P/A b. Weekly Heterotrophic Plate Count (HPC) 16 of 30 July 20, 2021, Item #4Physical: a. Weekly Threshold Odor Number b. Weekly Temperature C. Weekly Apparent Color d. Weekly Turbidity Additional: a. Weekly Cb -Total & Free b. Weekly Nitrate C. Weekly Nitrite d. Weekly Free Ammonia Quarterly: Each quarter, perform one (1) corrosivity testing at City's Gregg Street Reclaimed Reservoir, calculated using both the Langelier Saturation Index and the Ryznar Stability Index. WATER TREATMENT PLANT Collection and Analysis a. Weekly -MPN on raw water sources (two locations); Total Coliform and E. Coli Assessments b. Weekly -MPN on effluent (one location); Total Coliform and E-Coli c. Weekly -HPC on raw water sources (two locations) d. Weekly -HPC on effluent (one location) ANNUAL CONSUMER CONFIDENCE REPORT (CCR} Annually by April 15: Prepare Annual Data Table Report ADMINISTRATIVE FEE Monthly: Project Management Fee, monthly reporting. OTHER SAMPLING REQUIREMENTS a. Weekly: SUVA Testing AS-NEEDED SERVICES 17 of 30 July 20, 2021, Item #4Hourly rate: One worker and one vehicle, Monday thru Friday. Hourly rate: One worker and one vehicle, after regular business hours, holidays, and weekends. OTHER SAMPLING REQUIREMENTS AS NEEDED a. Jar testing if SUVA is above 2.0. b. Cryptosporidium testing as required for existing and new regulatory requirements and compliance. c. Weekly: Perform weekly bacteriological when Lake Poway monthly MPN bacteriological analysis exceeds 500 for Total Coliform. Weekly assessments must be taken until given count retreats below 500. REPORTING REQUIREMENTS (Project Management Fee items) Contractor shall provide the City with a Water Quality Monitoring Plan describing all sampling to be performed by Contractor on a regular basis. This will be provided in an electronic form and a paper copy. This report, both paper and the electronic word file, becomes the property of the City of Poway. The monitoring plan will additionally include but is not limited to S22 Community "Court" sample location and the City's Gregg Street Reclaimed Water Reservoir. Every five (5) years or whenever the City's water systems may be modified, and while this Agreement is in effect, Contractor will amend the Water Quality Monitoring Plan to reflect those water system modifications. While this Agreement is in effect, Contractor shall stay abreast of all new and pending requirements and update the monitoring plan to keep the City informed of all regulatory changes. a. While this Agreement is in effect, Contractor shall complete all applicable reports required now and by future amendments to Title 22 of the California Code of Regulations. The reports shall be completed on the appropriate State Water Resources Control Board (SWRCB) forms and forwarded to the City of Poway for review and approval. Once approval from the City is received, submit the SWRCB Electronic Data Transfer (EDT) in a timely manner. b. Monthly: Prepare the SWRCB monthly summary of monitoring for surface water treatment regulations. Information for this report will be provided by Contractor and City staff. c. Monthly: Prepare the SWRCB monthly summary of distribution system total coliform monitoring. Information for this report to be provided by Contractor. d. Monthly: Prepare the SWRCB monthly summary of distribution system physical analysis. Information for this report to be provided by Contractor. 18 of 30 July 20, 2021, Item #4e. Monthly: Prepare the SWRCB monthly nitrification monitoring report. Information for this report to be provided by Contractor. f. Quarterly: Prepare the SWRCB quarterly disinfectant residuals monitoring report. Information for this report to be provided by Contractor. g. Quarterly: Prepare the SWRCB quarterly SUVA alternative compliance monitoring report. Information for this report to be provided by Contractor. h. Quarterly: Prepare the SWRCB quarterly disinfection byproduct monitoring report. Information for this report to be provided by Contractor. i. Annual CCR: Prepare and submit a draft table report to the City for review and approval. Final document to be delivered to the City of Poway by April 15 of each contract year. [Separate line item] j. Tri-Annual: Prepare the SWRCB tri-annual lead and copper compliance monitoring report. Information for this report will be provided by Contractor and City staff. k. Special Reporting Needs: Contractor and City will negotiate the cost of any special needs not described herein. [Separate line item] 3. Method of Performing Work: a. Methods of Operation: The Contractor shall be responsible for the safety, adequacy, and efficiency of the Contractor's personnel, equipment and methods. The approval of the City of any plan or method of work proposed by Contractor shall not relieve the Contractor of any responsibility thereof, and such approval shall not be considered an assumption by the City of any kind of liability, and the Contractor shall have no claim under this Agreement on account of failure or inefficiency of any plan or method so approved. Such approval shall be considered and shall mean the City has no objection to the Contractor's use or adoption at the Contractor's own risk and responsibility, of the plan or method so proposed by the Contractor. b. Scheduling of Operations: Contractor shall perform this work at such time as to minimize disturbance or interference to residents, and pedestrian or vehicle circulation. Working hours shall be 7 a.m. to 2:30 p.m., Monday through Friday. There shall be no work on the alternating Friday on which City offices are closed. Deviation from these hours will not be permitted without the prior consent of the Director of Public Works, or their designee. Exceptions may be made under mitigating circumstances, and permission must be granted in writing by the Water Treatment Plant Supervisor. c. Water Sampling on Lake Poway: The City will provide a boat for use while taking water samples and performing limnology monitoring from Lake Poway. The Contractor must supply additional personnel if their policy requires more 19 of 30 July 20, 2021, Item #4than one individual in the boat. The City will not be supplying supplemental staff for this site or any other sites being sampled. d. Reports and Schedules: Contractor may be requested by the City to submit reports and schedules as necessary. Such reports may include, but not be limited to, the following: 1) The MONTHLY regulatory report must be prepared and sent electronically back to the City by the sixth of each month. An email address will be provided. A hard copy of the same report must be to the City by the eighth of each month. The address will be specified. 2) The monthly report requirement is subject to modification if the reporting requirements are changed by the regulatory agency. 3) Written and electronic reports to local, state, and federal agencies as required by local, state and/or federal laws pertaining to municipal water and recycled systems. e. Safety: All work performed under this Agreement shall be performed in such manner as to provide maximum safety to the public and comply with all safety standards required by Cal-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. 4. Cooperation and Coordination with other Contractors: The Contractor shall cooperate with all other contractors who may be performing work on behalf of the City and workers who may be employed by the City on any work in the vicinity of the work to be done under this Agreement. The Contractor's operation shall interfere to the least possible extent with the work of such contractors or workers. Any difference or conflict that may arise between the Contactor and other contractors, or between the Contractor and City workers, with respect to execution of their work, shall be adjusted and determined by the City. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or contractors, the Contractor shall have no claim against the City on that account other than for an extension of time. 5. Traffic Control: The Contractor shall conduct work so as not to interfere with public travel, whether vehicular or pedestrian. 6. Unfavorable Work Conditions: During inclement weather, or other unsuitable maintenance conditions, the Contractor shall confine operations to work that will not be adversely affected. No portion of the work shall be done under conditions that would adversely affect the quality or the efficiency of the work, unless by special 20 of 30 July 20, 2021, Item #4means or precaution approved by the City, allowing the Contractor the ability to perform the work in a proper and satisfactory manner. 7. Hazardous Conditions: Contractor shall maintain all work sites free of hazards to persons and/or property resulting from her or his operation. Any hazardous conditions noted by the Contractor that is or is not a result of her or his operation shall immediately be reported to the City of Poway Public Works Department at (858) 668-4751. 8. Protection of Existing Facilities and Structures: Contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities both above surface and underground on the City's property. Any damage to City or private property deemed to be caused by the Contractor's neglect, shall be corrected or paid for by the Contractor at no cost to the City. 9. Repairs: All damages or alterations to City property resulting from the performance of work under these specifications during the term of contract shall be repaired or replaced immediately and in kind, to the satisfaction of the Director of Public Works and at no cost to the City. Repairs or replacements not completed to the satisfaction of the Director of Public Works shall be deducted from the contract payment to cover costs. 10. Litter Control: Any debris generated by Contractor in the performance of work required in these specifications shall be removed from the site and properly disposed of at Contractor's expense. [Remainder of Page Left Blank Intentionally] 21 of 30 July 20, 2021, Item #4ATTACHMENT 2 FEE SCHEDULE Note: Total proposal prices include service costs for entire fiscal year. Service and analytical costs include labor, vehicle use/mileage, collection and pickup, overhead, profit, taxes, royalties, fees and any expenses not identified here. In the case of discrepancies between numbers of the bid amount and the words stating the amount, the words shall govern over numbers. LAKE POWAY Collection & Analysis Services UNIT TOTAL QTY FREQUENCY DESCRIPTION OF SERVICES PRICE COST 1 Annually Perform all analyses required for $3,100 $ 3,100 annual California Title 22 report. 4 Quarterly Nitrate, phosphorus, TOC. $ 60.40 $ 241.60 Limnology: At deepest part of Lake Poway and at 10-foot intervals, test for temperature, dissolved oxygen, 12 Monthly and surface, middle, and bottom for $ 196.48 $ 2,357.76 pH. Test surface for plankton count; test bacteriological count; test MPN (most probable number) for Total Coliform and E Coli. TOTAL PROPOSAL LAKE POWAY SERVICES $5,699.36 TOTAL LAKE POWAY SERVICES PROPOSAL AMOUNT, IN WORDS: Five thousand, six hundred, ninety nine Dollars Thirty six Cents 22 of 30 25 July 20, 2021, Item #4CITY DISTRIBUTION SYSTEM SERVICES Collection and Analysis Services (Note: P/A = Present/Absent) UNIT TOTAL QTY FREQUENCY DESCRIPTION PRICE COST BACTERIOLOGICAL 16 Weekly (x52) Coliform Bacteria Test P/A $ 9.77 $8,128.64 4 Weekly (x52) Heterotrophic Plate Count (HPC) $ 8 54 $ 1.776.32 PHYSICAL 4 Weekly (x52) Threshold Odor Number $ 9.06 $ 1,884.48 4 Weekly (x52) Temperature $ 6.09 $ 1 266.72 4 Weekly (x52) Apparent Color $ 9.06 $ 1 RR& .dR 4 Weekly (x52) Turbidity $ 9.06 $ 1 .RR£'!. AR ADDITIONAL 16 Weekly (x52) CL2 -Total Chlorine $ 4.84 $ 4,026.88 16 Weekly (x52) CL2 -Free Chlorine $ 4.84 $ 4 ()?R RR 16 Weekly (x52) Nitrate $ 15.94 $13 262.08 16 Weekly (x52) Nitrite $ 14.69 $12,222.08 16 Weekly (x52) Free Ammonia $17.06 $14 101 Q? MONTHLY 1 Monthly (x12) Aluminum $ 11.08 $ 132.92 QUARTERLY 32 Quarterly (x8) Trihalomethanes (TTHMs) $ 43.13 $11,041.28 (includes one travel blank) 32 Quarterly (x8) Haloacetic Acids (HHAs) $ 73.95 $18,931.20 (includes one travel blank) EVERY THREE (3) YEARS OR AS MANDATED (include two tri-annual assessments) 30 Tri-Annually Lead Assessments $ 10.00 $ 300.00 30 Tri-Annually Coper Assessments $ 10.00 $ 300.00 TOTAL PROPOSAL CITY DISTRIBUTION SYSTEM SERVICES $ 95262.36 TOTAL DISTRIBUTION SYSTEM SERVICES PROPOSAL AMOUNT, IN WORDS: Ninety five thousand, two hundred, sixty two Dollars Thirty six Cents 23 of 30 26 July 20, 2021, Item #4CITY MONITORING SERVICES (NON-REGULATORY) ~ Community Court Sample Site S22 ~ Gregg Street Recycled Water Reservoir Collection and Analysis Services (Note: P/A = Present/Absent) QTY FREQUENCY DESCRIPTION UNIT TOTAL PRICE COST BACTERIOLOGICAL 2 Weekly (x52) Coliform Bacterial Test PIA $ 9.77 $1,016.08 2 Weekly (x52) Heterotrophic Plate Count (HPC) $ 8.54 $ 888.16 PHYSICAL 2 Weekly (x52) Threshold Odor Number $ 9.06 $ 924.24 2 Weekly (x52) Temperature $ 6.09 $ 633.36 2 Weekly (x52) Apparent Color $ 9.06 $ 924.24 2 Weekly (x52) Turbidity $ 9.06 $ 0?4 ?4 ADDITIONAL 2 Weekly (x52) CL2 -Total Chlorine $ 4.84 $ 503.36 2 Weekly (x52) CL2 -Free Chlorine $ 4.84 $ 503.36 2 Weekly (x52) Nitrate $ 15.94 $1,657.76 2 Weekly (x52) Nitrite $ 14.69 $1,527.76 2 Weekly (x52) Free Ammonia $ 17.06 $ 1 774.24 QUARTERLY 1 Quarterly (x4) Corrosivity Testing ** (reclaimed water) ** Calculated using both Langelier Saturation $85.80 $ 343.20 Index and Ryznar Stability Index. . TOTAL PROPOSAL (non-regulatory) CITY MONITORING SERVICES $11,620 PROPOSAL City reserves the right to increase or decrease testing sites for non-regulatory monitoring purposes during term of Agreement. TOTAL NON-REGULATORY CITY MONITORING SERVICES PROPOSAL AMOUNT, IN WORDS: Eleven thousand, six hundred, twenty Dollars Zero Cents 24 of 30 27 July 20, 2021, Item #4WATER TREATMENT PLANT Collection and Analysis Services QTY FREQUENCY DESCRIPTION UNIT TOTAL PRICE COST Raw Water Source: MPN Total $ $ 1,985.36 2 Weekly (x52) Coliform, E. Coli 19.09 1 Weekly (x52) Effluent: MPN Total Coliform, E. Coli $ 19.09 $ 992.68 Raw Water Source: Heterotrophic Plate $ $ 888.16 2 Weekly (x52) Count 8.54 1 Weekly (x52) Effluent: Heterotrophic Plate Count $ 8.54 $ 444.08 TOTAL PROPOSAL WATER TREATMENT PLANT SERVICES $ 4,310.28 TOTAL WATER TREATMENT PLANT SERVICES PROPOSAL AMOUNT, IN WORDS: Four thousand, three hundred, ten Dollars Twenty eight Cents ANNUAL CONSUMER CONFIDENCE REPORT (CCR) Regulatory Report QTY FREQUENCY DESCRIPTION UNIT TOTAL PRICE COST Annual Consumer Confidence Report (CCR) $ 350.00 $ 350.00 Annually Prepare draft table report to the City for 1 By April 15 review and approval. TOTAL PROPOSAL ANNUAL CONSUMER CONFIDENCE REPORT $ 350.00 TOTAL ANNUAL CONSUMER CONFIDENCE REPORT PROPOSAL AMOUNT, IN WORDS: Three hundred fifty Dollars Zero Cents 25 of 30 28 July 20, 2021, Item #4ADMINISTRATIVE FEE QTY FREQUENCY DESCRIPTION UNIT TOTAL PRICE COST Project Management Fee -Monthly (includes reporting costs not specifically $ 0.00 $ 0.00 12 Monthly (x12) identified) TOTAL PROPOSAL ADMINISTRATIVE FEE $ 0.00 TOTAL ADMINISTRATIVE FEE PROPOSAL AMOUNT, IN WORDS, IF APPLICABLE: Zero Dollars Zero Cents OTHER SAMPLING REQUIREMENTS Collection and Analysis Services QTY FREQUENCY DESCRIPTION UNIT TOTAL PRICE COST 52 Weekly (x52) SUVA Testing $ 62.25 $3,237.00 TOTAL PROPOSAL SUVA TESTING $ TOTAL SUVA WEEKLY TESTING PROPOSAL AMOUNT, IN WORDS: Three thousand two hundred thirty seven Dollars Zero Cents AS-NEEDED SERVICES (Contingency cost) QTY FREQUENCY DESCRIPTION HRLYRATE Hourly Rate: One Worker and One Vehicle, $ 45.00 EA As-needed Monday thru Friday Dollars and Regular Hourly Rate, in words: Forty five dollars, zero cents 45.00 Cents Hourly Rate: One Worker and One Vehicle, After Regular Business Hours, Holidays, $ 75.00 EA As-needed Weekends Dollars and After-Hours Hourly Rate, in words: Seventy five dollars, zero cents 75.00 Cents 26 of 30 29 July 20, 2021, Item #4OTHER SAMPLING REQUIREMENTS AS NEEDED (Contingency cost) Collection and Analysis Services QTY FREQUENCY DESCRIPTION UNIT PRICE EA As-needed Jar testing if SUVA is above 2.0 $175.00 Cryptosporidium testing for regulatory $ 550.00 EA As-needed requirements and compliance Perform weekly bacteriological when Lake Poway monthly MPN bacteriological analysis exceeds 500 for Total Coliform. Weekly $ 64.09 assessments must be taken until given count EA As-needed retreats below 500 TOTAL PROPOSAL AMOUNT FOR REQUIRED SERVICES {DO NOT INCLUDE CONTINGENCY COSTS): In figures: $ 120,479.00 In words: One twenty thousand, four hundred seventy nine Dollars Zero Cen~ SPECIAL REPORTING AND TESTING NEEDS Contractor and City will negotiate the cost of any special needs not described herein. Authorized Agent / Officer: _M_a_rc_h_ea_l_"S_h_e_llL...y'_' B_r_ad ....... Y _____________ _ Title: Customer Service Manager Address: 3337 Michelson Drive, Suite CN 750 Telephone No. (714) 730-6239 Email address: shelly.brady@alsglobal.com Poway Business Certificate License Expiration Date: 27 of 30 June 23, 2022 30 Fax No. (714) 730-6462 BC-019737 No. _________ _ July 20, 2021, Item #4EXHIBIT "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) 28 of 30 (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 July 20, 2021, Item #4to an 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: 29 of 30 (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. July 20, 2021, Item #4(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. {g) A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. {h) This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. {i) This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ,ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes 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). 30 of 30 July 20, 2021, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway July 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services~ Jeff Beers, Special Projects Engineer (858) 668-4624 or jbeers@poway.org CITY COUNCIL Acceptance of the Extension of the 2018-2019 Street Maintenance Project Contract for the 2020-2021 Street Maintenance Project; Bid No. 18-022 (Second Amendment) with American Asphalt South, Inc., as Complete On June 16, 2020, the City Council awarded the contract for the Extension of the Fiscal Year 2018-2019 Street Maintenance Project Contract for the Fiscal Year 2020-2021 Street Maintenance Project; Bid No. 18-022 to American Asphalt South, Inc. in the amount of $1,153,978.65. This action will accept the project as complete. Recommended Action: It is recommended that the City Council: (1) Accept the Extension of the 2018-2019 Street Maintenance Project Contract for the 2020-2021 Street Maintenance Project as complete; (2) Authorize the City Clerk to file and record the Notice of Completion; (3) Release the Everest Reinsurance Company Bond for Material and Labor in the amount of $1,153,978.65; and (4) Retain the Everest Reinsurance Company Bond for Faithful Performance for a period of one year. Discussion: The 2020-2021 Street Maintenance Project (FY 2020-21 Project) placed approximately 4.2 million square feet of type II and 166,000 square feet of type I emulsion aggregate slurry and approximately 314,000 square feet of polymer modified chip seal and raised 207 water, sewer, and monument lids flush to grade. The scope of the FY 2020-21 Project included placement of street maintenance treatments on streets within Street Maintenance Zone 2. The streets are located south of Lake Poway Road, east of Midland Road and north of Poway Road. The work is also located on both sides of Twin Peaks Road from Espola Road to Midland Road and on both sides of Espola Road from Sandhill Road to Poway Road excluding Titan Way to Twin Peaks Road. This section of Espola Road was excluded until the completion of the Espola Road Safety Improvements project. 1 of 2 July 20, 2021, Item #5The rehabilitation of the Community Park parking lot was originally scheduled to be completed with the 2019-2020 Street Maintenance Project. With the construction of the new Mickey Cafagna Community Center (Community Center) it was determined that the rehabilitation of the parking lot would be rescheduled to the spring of 2021, prior to the completion of the new Community Center. A change order was processed and paid from the Community Center project budget (BDG0001) to cover the cost associated with this additional work. The slurry seal of the Community Center parking lot is now complete. There was one Change Order to zero-out the exact quantities constructed with the estimated quantities in the contract bid schedule which reduced the contract by $33,939.96. The final contract amount is $1,120,038.69. In February 2021, the City Council partially accepted the project as complete to allow for the release of retention on the completed contract items. This action will accept the remaining contract and change order work as complete. Environmental Review: The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act. Fiscal Impact: None. Public Notification: None. Attachments: None. Reviewed/ Approved By: We~dy serman Assistant City Manager 2 of2 Reviewed By: Alan Fenstermacher City Attorney Approved By: cfffrkz City Manager July 20, 2021, Item #6 July 20, 2021, Item #6 July 20, 2021, Item #7DATE: TO: FROM: CONTACT: July 20, 2021 Honorable Mayor and Members of the City Council Wendy Kaserman, Assistant City Manager WV Roger Morrison, Senior Management Analyst ~ (858) 668-4581 or rmorrison@poway.org City of Poway CITY COUNCIL SUBJECT: Acceptance of the Railroad Track Repair Project with RailWorks Track Services as Complete Summary: On May 17, 2021, the City entered into a contract with RailWorks Track Services in the amount of $15,474.31 to perform repairs on the railroad tracks at Old Poway Park. This action will accept the project as complete. Recommended Action: It is recommended that the City Council: (1) Accept the Railroad Track Repair Project as complete; and (2) Authorize the City Clerk to file and record the Notice of Completion. Discussion: The project consisted of raising and tamping of ties at low spots, installation of 22 replacement ties, and installation of one headblock tie. The project was sole-sourced due to its specialized nature and was executed by the City Manager in accordance with PMC Section 3.28.120. There were no change orders, and the final contract amount is $15,474.31. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: None. 1 of 2 July 20, 2021, Item #7Public Notification: None. Attachments: None. Reviewed/ Approved By: Assistant City Manager 2 of2 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager July 20, 2021, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway July 20, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works 1\7 CITY COUNCIL Will Wiley, Assistant Director of Public Works for Maintenance Operation~ (858) 668-4705 or wwiley@poway.org · Y Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2021-22 At the City Council meeting on June 15, 2021, the City Council adopted Resolution No. 21-034 declaring the intention to levy and collect assessments within Landscape Maintenance District (LMD) 83-1 and set the public hearing for July 20, 2021. Fiscal Year 2021-22 assessments for Zones A, B and C (residential and commercial) are proposed to remain unchanged from the Fiscal Year 2020-21 rates. Zones A, B and C service levels will remain at level C and may be subject to adjustments depending on the frequency and magnitude of unplanned events. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: LMD 83-1 was formed on June 14, 1983, to maintain landscape improvements required as conditions of approval for the various subdivisions included within the boundaries of LMD 83-1. Each subdivision and/or development listed below was required to annex into LMD 83-1 as a condition of property development either through the final map process or by Council Resolution. LMD 83-1 Zone A is comprised of the residential parcels within the following developments: 1 of 5 July 20, 2021, Item #8TRACT PROJECT NAME TTMs 3495, 4113, 4191, 89-15 and TPM 89-18 Rancho Arbolitos TTM 3503 Adobe Ridge I and II TTM 3533 The Colonies TTM 3461 Casa Real, Unit 7 TTM 84-07 Woodland Hills TTM 87-06 Cicero-Pacific TTM 88-05 Gateway/La Manda TTM 88-09 Carmel Vista TPM 89-09 Cusick TPM 99-05 Spyglass TTM 99-01 Diroma Estates TTM 02-03 Lamagna TPM 03-05 Lamagna TTM 84-04R Country Creek TTM 85-01 Rancho Espola TTM 87-04 Park Village TTM 86-04 Midland Estates TTM 86-05 Community 16 Villas (Poway 16) LM D 83-1 Zone B is comprised the following non-residential (commercial) developments: TRACT PROJECT NAME TPM CUP 86-03 92-05 Twin Pea ks Plaza Kindercare LMD 83-1 Zone C is comprised of the residential parcels within the following residential development: TRACT PROJECT NAME TTM 98-06 Kentfield Estates The Fiscal Year 2021-22 assessments for Zones A (residential), B (commercial) and C (residential) are proposed to remain at the Fiscal Year 2020-21 rates of $118.48 per year (approximately $9.87 per benefit unit per month), $235. 75 per benefit unit per year (approximately $19.65 per benefit unit per month) and $496.16 per benefit unit per year (approximately $41.35 per benefit unit per month), respectively. The assessment rates are based on the required revenues divided by the number of benefit units within each zone as outlined in the Fiscal Year 2021-22 Engineer's Report (pgs. 10-12). Zones A, Band C service levels are currently at level C and may be subject to further adjustments to align with assessment revenue and to accommodate unexpected repair needs that arise. A service level C consists of performing landscape maintenance services (e.g., irrigation inspection, removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging, pruning, sweeping) for respective areas within LMD 83-1 on a monthly basis. The City Council's approved Fiscal Year 2021-22 Engineer's Report is on file in the Office of the City Clerk, 13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway, California. 2 of 5 July 20, 2021, Item #8Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The Fiscal Year 2021-22 LMD 83-1 Zone A assessment rate shall remain unchanged from the Fiscal Year 2021-21 rate of $118.48 per benefit unit. Revenue for LMD 83-1 Zone A is comprised of $164,805.68 from assessments, $4,500.00 in estimated interest earnings and $53,148.00 in General Fund contributions. The Fiscal Year 2021-22 LMD 83-1 Zone B assessment rate shall remain unchanged from the Fiscal Year 2020-21 rate of $235.75 per benefit unit. Revenue for LMD 83-1 Zone B is comprised of $23,226.00 from assessments, $2,000.00 in estimated interest earnings and $13,986.00 in General Fund contributions. The Fiscal Year 2021-22 LMD 83-1 Zone C assessment rate shall remain unchanged from the Fiscal Year 2020-21 rate of $496.16 per benefit unit. Revenue from LMD 83-1 Zone C is comprised of $12,900.16, $1,220.00 in estimated interest earning and $2,798.00 in General Fund contributions. These estimated revenues are currently sufficient to cover planned service levels. Service levels may be subject to adjustments depending on the frequency and magnitude of unplanned events. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, July 1, 2021. Pursuant to Government Section 53753, all public notification requirements have been met. No responses have been received regarding the proposed assessments at the time this report was written. Attachments: A. Resolution Reviewed/ Approved By: , L----serman Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chg; City Manager July 20, 2021, Item #8RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 83-1 TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2021-22 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County Property Tax Roll; WHEREAS, pursuant to the provisions of the City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment law being the "Landscape and Lighting Act of 1972" (being part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 21-034 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Landscape Maintenance District 83-1, the Assessment Engineer for the City of Poway has submitted an Engineer's Report for the District as required by California Street and Highways Code, Section 22565; WHEREAS, on June 15, 2021, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; WHEREAS, on July 20, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this matter; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The Assessment Rates for three (3) zones are as follows: Zone A: Zone B: Zone C: $118.48 per benefit unit $235. 75 per benefit unit $496.16 per benefit unit SECTION 2: The sum of assessments to be collected on the Fiscal Year 2021-22 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zones A, Band C of Landscape Maintenance District 83-1 are as follows: Zone A: Zone B: Zone C: $164,805.68 $ 23,226.00 $ 12,900.16 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated for Zone A as $53,148.00, for Zone B as $13,986.00 and Zone C as $2,798.00. 4 of 5 ATTACHMENT A July 20, 2021, Item #8Resolution No. 21-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 5 of 5 July 20, 2021, Item #9DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway July 20, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works ~ CITY COUNCIL Will Wiley, Assistant Director of Public Works for Maintenance OperationsA (858) 668-4705 or wwiley@poway.org Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2021-22 At the City Council meeting on June 15, 2021, the City Council adopted Resolution No. 21-035 declaring the intention to levy and collect assessments within Landscape Maintenance District (LMD) 86-1 and set the public hearing for July 20, 2021. The assessments for residential Zone A are proposed to remain unchanged from the Fiscal Year 2020-21 rates. Zone A service level will remain at level Band may be subject to adjustments depending on the frequency and magnitude of unplanned events. Within Zone A, the Green Valley Estates Homeowners Association currently has an agreement in place with the City to maintain the rights-of-way bordering the development along Lake Poway Road. Additionally, one non-residential parcel (which makes up Zone B with current service level A), also has an agreement in place with the City to maintain the landscape improvements along the corner of Espola Road and Twin Peaks Road. As such, these parcels will not be levied. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: LMD 86-1 was formed on June 12, 1986, to maintain landscape improvements installed in conjunction with new subdivisions within the boundaries of LMD 86-1. LMD 86-1, by Zone, includes the following developments: 1 of 6 July 20, 2021, Item #9LMD 86-1 Zone A includes the following residential developments: TRACT PROJECT NAME TTMs 4090R,4091R,4092R,4093R Bridlewood TTM 3545 Piedmont Park TTM 4158 Stone Canyon Ranch TTM 84-08 The Grove TTM 89-13 Old Coach Collection TTM 89-13R The Heritage, Phase I, Unit I TTM 89-13R The Heritage, Phase I, Unit Ill TTM 89-13R The Heritage, Phase I, Unit IV TTM 98-02 North Point TTM 99-03 Vision Homes MORA 98-71 Kennedy Family Trust MORA 01-38 Wells Trust MORA 05-59 Garczynski TTM 00-02 Malone TTM 02-01 BBA Partners PM 15384 (par 1, 2, 3 and 4) Custom Homes MAP 15725 Milpitas-Fleming Associates ROS 4063 Seaman Gregg TTM 86-01 Huntington Gate, I and II MORA 04-02 Sedehi/Fard TTM 87-05 Serenata TTM 88-15 Green Valley Estates (portion of Landscape Maintenance District maintained per agreement) LMD 86-1 Zone B (one parcel maintained by LOS Poway Chapel per agreement) TRACT PROJECT NAME TPM 90-06 LOS Poway Chapel In 2018, the City initiated proceedings to form a proposed landscape maintenance district (referred to as LMD 18-2) within the boundaries of the existing LMD 86-1. The proposed LMD 18-2, would have added properties that previously were not assessed and established different benefit zones, and increased the assessments currently imposed on properties in the existing LMD 86-1. The proposed LMD 18-2 was balloted for an increase in assessments with annual cost indexing based on the annual San Diego Consumer Price Index (CPI) not to exceed three (3) percent. The proposed LMD 18-2 had a majority protest for the increase and consequently failed to pass the ballot and was not formed. The Fiscal Year 2021-22 assessments for Zone A (residential), is proposed to remain at the Fiscal Year 2020-21 rate of $243.04 per benefit unit per year (approximately $20.25 per benefit unit per month). This rate of assessment is based on the required assessment revenues divided by the number of benefit units within LMD 86-1 Zone A outlined in the Fiscal Year 2021-22 Engineer's Report (pg. 10). Service level reductions were implemented in Zone A during Fiscal Year 2018-19 to ensure LMD 86-1 's expenses did not exceed projected revenue. Zone A is currently at level B and may be subject to further adjustments to align with assessment revenue and to accommodate unexpected repair needs that arise. Service level B consists of performing landscape maintenance services (e.g., irrigation 2 of6 July 20, 2021, Item #9inspection, removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging, pruning, sweeping) for respective areas within LMD 86-1 on a bi-monthly basis. Notably, with Zone A, the Green Valley Estates Homeowners Association currently has an agreement in place with the City to maintain the rights-of-way bordering the development along Lake Poway Road. Therefore, an assessment will not be levied for these parcels. Zone B (non-residential) is comprised of a single property. The Church of Latter-Day Saints. The landscape improvements are being maintained by the parcel owners under the terms of an agreement with the City. Therefore, an assessment will not be levied for this zone. Following the City Council meeting on June 15, 2021, staff identified an error in Resolution No. 21-035 that incorrectly referenced LMD 86-1 's responsibility to maintain sound walls. In accordance with the approved Engineer's Report, walls and fences adjacent to private property are to be maintained by the adjacent property owners and not LMD 86-1. The reference to maintenance of sound walls was removed and the resolution included in the Notice of Public Hearing was corrected. The City Council's approved Fiscal Year 2021-22 Engineer's Report is on file in the Office of the City Clerk, 13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway, California. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The Fiscal Year 2021-22 LMD 86-1 Zone A assessment rate shall remain unchanged from the Fiscal Year 2020-21 rate of $243.04 per benefit unit. Revenue for LMD 86-1 Zone A is comprised of $231,860.16 from assessments, $3,140.00 in estimated interest earnings and $50,347.00 in General Fund contributions. These estimated revenues are currently sufficient to cover planned service levels. Service levels may be subject to adjustments depending on the frequency and magnitude of unplanned events. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, July 1, 2021. Pursuant to Government Section 53753, all public notification requirements have been met. No responses have been received regarding the proposed assessments at the time this report was written. Attachments: A. Resolution 3 of6 July 20, 2021, Item #9Reviewed/ Approved By: Assistant City Manager 4 of6 Reviewed By: Alan Fenstermacher City Attorney City Manager July 20, 2021, Item #9RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 86-1 TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2021-22 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County Property Tax Roll; WHEREAS, pursuant to the provisions of the City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment law being the "Landscape and Lighting Act of 1972" (being part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 21-035 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Landscape Maintenance District 86-1, the Assessment Engineer for the City of Poway has submitted an Engineer's Report for the District as required by California Street and Highways Code, Section 22565; WHEREAS, on June 15, 2021, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; WHEREAS, on July 20, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this matter; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The Assessment Rate is as follows: Zone A: $243.04 per benefit unit SECTION 2: The sum of assessments to be collected on the Fiscal Year 2021-22 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zones A of Landscape Maintenance District 86-1 is as follows: Zone A: $231,860.16 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated for Zone A as $50,347.00. 5 of 6 ATTACHMENT A July 20, 2021, Item #9Resolution No. 21-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 2oth day of July, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DI SQUALi Fl ED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 6 of6 July 20, 2021, Item #10DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway CITY COUNCIL July 20, 2021 Honorable Mayor and Members of the City C~cil Eric Heidemann, Director of Public Works 4 L-Will Wiley, Assistant Director of Public Works for Maintenance Operations' J" (858) 668-4705 or wwiley@poway.org Resolution Establishing Assessments for Poway Landscape Maintenance District 86-2 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2021-22 At the City Council meeting on June 15, 2021, the City Council adopted Resolution 21-036 declaring the intention to levy and collect assessments within Landscape Maintenance District (LMD) 86-2 and set the public hearing for July 20, 2021. The Fiscal Year 2021-22 Zone A assessment rate shall remain unchanged from the Fiscal Year 2020-21 rate. The Zone B assessment rate is proposed to increase from $308.84 to $320.84 per benefit unit. Zone A and Zone B will remain at level C and A, respectively, and may be subject to adjustments depending on the frequency and magnitude of unplanned events. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: LMD 86-2 was formed on May 20, 1986, to maintain landscape improvements installed in conjunction with new subdivisions within the boundaries of LMD 86-2. Each subdivision and/or development listed below was required to annex into LMD 86-2 as a condition of property development either through the final map process or by Council Resolution. 1 of 5 July 20, 2021, Item #10LMD 86-2 Zone A is comprised of the residential parcels within the following developments: TRACT PROJECT NAME TTM 4185R Sunrise Ranch TTM 87-12 Silver Ridge (aka Poway Villas) TTM 89-03 Eagle Pointe (aka La Paz Summit) TPM 97-15 Paradise Development TTM 89-05 Southern Hills (aka Poway Summit Estates) LMD 86-2 Zone Bis comprised of the residential parcels within the following residential developments: TRACT PROJECT NAME TTM CUP 83-02 06-09 (M) Sycamore Creek Loma Cabrillo, LLC The Fiscal Year 2021-22 assessments for Zone A are proposed to remain at the Fiscal Year 2020-21 rate of $186.16 per benefit unit per year (approximately $15.51 per month). Zone B assessments will increase to $320.84 per benefit unit per year (approximately $25.73 per month to $26.73 per month), less than the maximum of $486.87. The assessment rate is based on the required revenues divided by the number of benefit units within each Zone as outlined in the Fiscal Year 2021-22 Engineer's Report (pgs. 10-11 ). Ballot actions for assessment increases in Zone A failed in 1998 and 2009. As a result, it was necessary to reduce service levels to align with assessment revenue. Service levels for landscape maintenance services for Zone A will remain at level C. A service level C consists of performing landscape maintenance services (e.g., irrigation inspection, removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging, pruning, sweeping) for respective areas within Zone A on a monthly basis. Total revenue in Zone B (assessments, the general fund contribution and interest) is anticipated to be insufficient to offset Zone B's projected expenses this fiscal year without increasing the assessments by the San Diego Consumer Price Index (CPI). Proposition 218 balloting passed in 1998 allowed for an annual CPI increase, if necessary. Service levels for landscape maintenance services for Zone B will remain at service level A because of the ability to adjust assessments by the CPI. Service level A consists of performing landscape maintenance services (e.g., irrigation inspection, removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging, pruning, sweeping) for respective areas within Zone B on a weekly basis. The City Council's approved Fiscal Year 2021-22 Engineer's Report is on file in the Office of the City Clerk, 13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway, California. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). 2 of 5 July 20, 2021, Item #10Fiscal Impact: The Fiscal Year 2021-22 LMD 86-2 Zone A assessment rate shall remain unchanged from the Fiscal Year 2020-21 rate of $186.16 per benefit unit. Revenue for LMD 86-2 Zone A is comprised of $20,477.60 from assessments, $650.00 in estimated interest earnings and $3,486.00 in General Fund contributions. The Fiscal Year 2021-22 LMD 86-2 Zone B assessment rate will increase from the Fiscal Year 2020-21 rate of $308.84 to $320.84 per benefit unit. Revenue for LMD 86-2 Zone Bis comprised of $53,901.12 from assessments, $500.00 in estimated interest earnings and $3,130.00 in General Fund contributions. These estimated revenues are currently sufficient to cover planned service levels. Service levels may be subject to adjustments depending on the frequency and magnitude of unplanned events. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, July 1, 2021. Pursuant to Government Section 53753, all public notification requirements have been met. No responses have been received regarding the proposed assessments at the time this report was written. Attachments: A. Resolution Reviewed/ Approved By: Wendy (~erman Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney July 20, 2021, Item #10RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 86-2 TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2021-22 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County Property Tax Roll; WHEREAS, pursuant to the provisions of the City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment law being the "Landscape and Lighting Act of 1972" (being part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 21-036 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Landscape Maintenance District 86-2, the Assessment Engineer for the City of Poway has submitted an Engineer's Report for the District as required by California Street and Highways Code, Section 22565; WHEREAS, on June 15, 2021, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; WHEREAS, on July 20, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this matter; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The Assessment Rates for two (2) zones are as follows: Zone A: Zone B: $186.16 per benefit unit $320.84 per benefit unit SECTION 2: The sum of assessments to be collected on the Fiscal Year 2021-22 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zones A and 8 of Landscape Maintenance District 86-2 are as follows: Zone A: Zone B: $20,477.60 $53,901.12 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated for Zone A as $3,486.00 and Zone 8 as $3,130.00. 4of 5 ATTACHMENT A July 20, 2021, Item #10Resolution No. 21-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 5 of 5 July 20, 2021, Item #11DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway July 20, 2021 Honorable Mayor and Members of the City Cou~il Eric Heidemann, Director of Public Works ~ CITY COUNCIL Will Wiley, Assistant Director of Public Works for Maintenance Operations (858) 668-4705 or wwiley@poway.org Resolution Establishing Assessments for Poway Landscape Maintenance District 86-3 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2021-22 At the City Council meeting on June 15, 2021, the City Council adopted Resolution No. 21-037 declaring the intention to levy and collect assessments within Landscape Maintenance District (LMD) 86-3 and set the public hearing for July 20, 2021. Fiscal Year 2021-22 assessments for Zone A shall remain unchanged from the Fiscal Year 2020-21 rates. The Zone B assessment rate is proposed to increase from $75.31 to $76.44 per benefit unit. Zone A and Zone B will remain at level C and A, respectively, and may be subject to adjustments depending on the frequency and magnitude of unplanned events. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: LMD 86-3 was formed on May 20, 1986, to maintain landscape improvements installed in conjunction with new subdivisions within the boundaries of LMD 86-3. Each subdivision and/or development listed below was required to annex into LMD 86-3 as a condition of property development either through the final map process or by Council Resolution. LMD 86-3 Zone A is comprised of the residential parcels within the following developments: TRACT PROJECT NAME TM TTM TTM 1 of 5 3994 88-03 94-02 The Pond Sycamore Springs Poway Oaks July 20, 2021, Item #11LMD 86-3 Zone B is comprised of the residential and commercial parcels (14 non-residential parcels and two multi-unit low income housing apartment parcels) within the following developments: TRACT PROJECT NAME TPM 90-04 Wal-Mart TTM 90-05 Creekside Plaza DR 02-18 Poway City Center DR 98-07 /VAR 98-11 Poway Hyundai TPM 01-06 Hillside Village Apartments DR 05-05 Solara Apartments The Fiscal Year 2021-22 assessments for Zone A are proposed to remain at the Fiscal Year 2020-21 rate of $163.00 per benefit unit per year (approximately $13.58 per month). Zone B assessments will increase from $75.31 per benefit unit per year to $76.44 per benefit unit per year (approximately $6.27 per month to $6.37 per month), less than the maximum of $131.64. The assessment rates are based on the required revenues divided by the number of benefit units within each zone as outlined in the Fiscal Year 2021-22 Engineer's Report (pgs. 10-11 ). A ballot for an assessment increase in Zone A failed in 1998. As a result, it was necessary to reduce service levels to ensure LMD 86-3 expenses did not exceed projected revenue. Consequently, Zone A service level was reduced to level C. Service levels for landscape maintenance services for Zone A will remain at level C and may be subject to further adjustment during Fiscal Year 2021-22, depending on frequency and magnitude of unplanned events. A service level C consists of performing landscape maintenance services (e.g., irrigation inspection, removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging, pruning, sweeping) for respective areas within Zone A on a monthly basis. Total revenue in Zone B (assessments, the general fund contribution and interest) is anticipated to be insufficient to offset Zone B's projected expenses. A Proposition 218 ballot passed in 1998 allows for an annual San Diego Consumer Price Index (CPI) increase, if necessary. Because expenses are increasing, a CPI increase of 1.5 percent in assessments is requested at this time. No CPI increase was applied in Fiscal Year 2020-21. Service levels for landscape maintenance services will remain at service level A for Zone B. A service level A consists of performing landscape maintenance services (e.g., irrigation inspection, removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging pruning, sweeping) for respective areas within Zone B on a weekly basis. The City Council's approved Fiscal Year 2021-22 Engineer's Report is on file in the Office of the City Clerk, 13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway, California. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The Fiscal Year 2021-22 LMD 86-2 Zone A assessment rate shall remain unchanged from the Fiscal Year 2020-21 rate of $163.00 per benefit unit. Revenue for LMD 86-3 Zone A is comprised of $25,917.00 from assessments, $1,000.00 in estimated interest earnings and $1,397.00 in General Fund contributions. 2 of 5 July 20, 2021, Item #11The Fiscal Year 2021-22 LMD 86-3 Zone B assessment rate will increase from the Fiscal Year 2020-21 rate of $75.31 to $76.44 per benefit unit. Revenue for LMD 86-3 Zone B is comprised of $16,624.17 from assessments, $2,000.00 in estimated interest earnings and $6,984.00 in General Fund contributions. These estimated revenues are currently sufficient to cover planned service levels. Service levels may be subject to adjustments depending on the frequency and magnitude of unplanned events. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, July 1, 2021. Pursuant to Government Section 53753, all public notification requirements have been met. No responses have been received regarding the proposed assessments at the time this report was written. Attachments: A. Resolution Reviewed/ Approved By: Assistant City Manager 3 of s Reviewed By: Alan Fenstermacher City Attorney Ch is City Manager July 20, 2021, Item #11RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 86-3 TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2021-22 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County Property Tax Roll; WHEREAS, pursuant to the provisions of the City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment law being the "Landscape and Lighting Act of 1972" (being part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 21-037 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Landscape Maintenance District 86-3, the Assessment Engineer for the City of Poway has submitted an Engineer's Report for the District as required by California Street and Highways Code, Section 22565; WHEREAS, on June 15, 2021, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; WHEREAS, on July 20, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this matter; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The Assessment Rates for two (2) zones are as follows: Zone A: Zone B: $163.00 per benefit unit $ 76.44 per benefit unit SECTION 2: The sum of assessments to be collected on the Fiscal Year 2021-22 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zones A and B of Landscape Maintenance District 86-3 are as follows: Zone A: Zone B: $25,917.00 $16,624.17 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated for Zone A as $1,397.00 and Zone Bas $6,984.00. 4 of 5 ATTACHMENT A July 20, 2021, Item #11Resolution No. 21-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 5 of 5 July 20, 2021, Item #12DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway July 20, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works Lz ~ CITY COUNCIL Will Wiley, Assistant Director of Public Works for Maintenance Operations y (858) 668-4705 or wwiley@poway.org Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2021-22 At the City Council meeting on June 15, 2021, the City Council adopted Resolution No. 21-038 declaring the intention to levy and collect assessments within Landscape Maintenance District (LMD) 87-1 and set the public hearing for July 20, 2021. The Fiscal Year 2021-22 assessment is proposed to remain unchanged from the Fiscal Year 2020-21 rate. Service level reductions are being implemented from service level B to service level C to align with assessment revenue and may be subject to adjustments depending on the frequency and magnitude of unplanned events. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: LMD 87-1 was formed on January 27, 1987, to maintain landscape improvements installed in conjunction with new subdivisions within the boundaries of LMD 87-1. Each subdivision and/or development listed below was required to annex into LMD 87-1 as a condition of property development either through the final map process or by Council Resolution. 1 of s July 20, 2021, Item #12LM D 87-1 is comprised of the residential parcels within the following developments: TRACT PROJECT NAME TTM 88-04R Rolling Hills Estates I and II TTM 97-03 Valencia TPM 98-07 Kimball TTM 98-07 Aviano/Bothwell TPM 19952 Rexford TPM 01-05 Dynasty Development On May 21, 2019, a ballot measure was proposed and passed, to reorganize the existing LMD 87-1 forming a new landscape maintenance district (LMD 19-1) by detaching 327 commercial properties. The existing residential development areas within LMD 87-1 are to remain as part of LMD 87-1. The Fiscal Year 2021-22 assessments for LMD 87-1 is proposed to remain unchanged at the Fiscal Year 2020-21 rate of $210.68 per benefit unit (approximately $17.55 per month). Because expenses are increasing, services will need to be reduced to align with assessment revenue and to accommodate unexpected repair needs that arise. Service levels for landscape maintenance services will be reduced from level B to level C. A service level B consists of performing landscape maintenance services (e.g., irrigation inspection, removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging pruning, sweeping) for respective areas within LMD 87-1 on a bi-monthly basis. Under a service level C, landscape maintenance services will be conducted on a monthly basis. The City Council's approved Fiscal Year 2021-22 Engineer's Report is on file in the Office of the City Clerk, 13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway, California. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The Fiscal Year 2021-22 LMD 87-1 assessment rate shall remain unchanged from the Fiscal Year 2020-21 rate of $210.68 per benefit unit. Revenue for LMD 87-1 is comprised of $41,082.60 from assessments, $1,300.00 in estimated interest earnings and $10,274.00 in General Fund contributions. These estimated revenues are currently sufficient to cover planned service levels. Service levels may be subject to adjustments depending on the frequency and magnitude of unplanned events. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, July 1, 2021. Pursuant to Government Section 53753, all public notification requirements have been met. No responses have been received regarding the proposed assessments at the time this report was written. 2 of 5 July 20, 2021, Item #12Attachments: A. Resolution Reviewed/ Approved By: Wendy~ erman Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney July 20, 2021, Item #12RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 87-1 TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2021-22 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County Property Tax Roll; WHEREAS, pursuant to the provisions of the City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment law being the "Landscape and Lighting Act of 1972" (being part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 21-038 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Landscape Maintenance District 87-1, the Assessment Engineer for the City of Poway has submitted an Engineer's Report for the District as required by California Street and Highways Code, Section 22565; WHEREAS, on June 15, 2021, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; WHEREAS, on July 20, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this matter; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The Assessment Rates for one (1) zone is as follows: Zone A: $210.68 per benefit unit SECTION 2: The sum of assessments to be collected on the Fiscal Year 2021-22 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zone A of Landscape Maintenance District 87-1 is as follows: Zone A: $41,082.60 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as $10,274.00. 4 of 5 ATTACHMENT A July 20, 2021, Item #12Resolution No. 21-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 5 of 5 July 20, 2021, Item #13DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway July 20, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works f ~ CITY COUNCIL Will Wiley, Assistant Director of Public Works for Maintenance Operation~/ (858) 668-4705 or wwiley@poway.org _,, y Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2021-22 At the City Council meeting on June 15, 2021, the City Council adopted Resolution No. 21-039 declaring the intention to levy and collect assessments within Landscape Maintenance District (LMD) 19-1 and set the public hearing for July 20, 2021. The Fiscal Year 2021-22 assessment rate is proposed to increase from the Fiscal Year 2020-21 assessment rate of $859.74 per benefit unit to $872.63 per benefit unit. The service level will remain at level A and may be subject to adjustments depending on the frequency and magnitude of unplanned events. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: On May 21, 2019, a Proposition 218 ballot was passed to reorganize LMD 87-1, forming a new landscape maintenance district (LMD 19-1) by detaching 327 commercial properties. LMD 19-1 includes the following commercial developments: 1 of 5 July 20, 2021, Item #13TRACT PROJECT NAME TTM 85-04 Pomerado Business Park I and II TTM 86-02R Tech Business Center TTM 87-13 Parkway Business Centre I and II TTM 88-04R Trident Center TTM 98-05 Parkway Business Centre Ill TTM 99-07 Legacy/Toppan DR 95-13 Watkins Terminals DR 97-47 Discovery Isle TTM 00-01 Poway Views, LLC DR 03-13 Costco/Home Depot TTM 86-02R Poway Corporate Center TPM 06-04 Slough Poway 11, LLC Total revenue (assessments, the General Fund contribution and interest) is anticipated to be insufficient to offset LMD 19-1 's projected expenses this fiscal year. An assessment rate increase by the San Diego Consumer Price Index (CPI) increase of 1.5 percent is requested at this time. Assessments are proposed to increase from $859.74 per benefit unit to $872.63 per benefit unit. Proposition 218 balloting passed in 2019 allowed for an annual CPI increase, if necessary. The service level is to remain at level A because of a sufficient reserve fund balance, however, LMD 19-1 may be subject to future adjustments to align with assessment revenue and to accommodate unexpected repair needs that arise. A service level A consists of performing landscape maintenance services (e.g., irrigation inspection, removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging, pruning, sweeping) for respective areas within LMD 19-1 on a weekly basis. The City Council's approved Fiscal Year 2021-22 Engineer's Report is on file in the Office of the City Clerk, 13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway, California. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The Fiscal Year 2021-22 LMD 19-1 assessment shall increase from the Fiscal Year 2020-21 rate of $859.74 per benefit unit to $872.63 per benefit unit. Revenue for LMD 19-1 is comprised of $760,479.59 from assessments, $1,000 in estimated interest earnings and $149,049.00 in General Fund contributions. These estimated revenues are currently sufficient to cover planned service levels. Service levels may be subject to adjustments depending on the frequency and magnitude of unplanned events. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, July 1, 2021. Pursuant to Government Section 53753, all public notification requirements have been met. No responses have been received regarding the proposed assessments at the time this report was written. 2 of 5 July 20, 2021, Item #13Attachments: A. Resolution Reviewed/ Approved By: /. L---Wendy :a'~an Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney July 20, 2021, Item #13RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 19-1 TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2021-22 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County Property Tax Roll; WHEREAS, pursuant to the provisions of the City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment law being the "Landscape and Lighting Act of 1972" (being part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 21-039 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Landscape Maintenance District 19-1, the Assessment Engineer for the City of Poway has submitted an Engineer's Report for the District as required by California Street and Highways Code, Section 2256; WHEREAS, on June 15, 2021, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; WHEREAS, on July 20, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this matter; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The Assessment Rate for one (1) zone is as follows: Zone A: $872.63 per benefit unit SECTION 2: The sum of assessments to be collected on the Fiscal Year 2021-22 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zones A of Landscape Maintenance District 19-1 is as follows: Zone A: $760,479.59 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as $149,049.00. 4 of 5 ATTACHMENT A July 20, 2021, Item #13Resolution No. 21-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 5 of 5 July 20, 2021, Item #14DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway CITY COUNCIL July 20, 2021 Honorable Mayor and Members of the City Co~ncil Eric Heidemann, Director of Public Works f ~ Will Wiley, Assistant Director of Public Works for Maintenance Operation.A\\'("/ (858) 668-4705 or wwiley@poway.org :::, T' Resolution Establishing Assessments for Poway Lighting District to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2021-22 At the City Council meeting on June 15, 2021, the City Council adopted Resolution No. 21-040 declaring the intention to levy and collect assessments within the Poway Lighting District (District) and set the public hearing for July 20, 2021. The Fiscal Year 2021-22 assessment rates are proposed to remain unchanged from the Fiscal Year 2020-21 rates. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: The District was formed by the City Council on May 12, 1986. There are 16,195 parcels in the City of Poway. The Poway Lighting District currently assesses 14,786 of these parcels. The benefit units (BUs) derived from these assessable parcels total 22,155 for Zone A, 3,714 for Zone Band 25,821 for Zone C. Zone A parcels have street lighting within their immediate vicinity and share equitably in benefit from major arterial street lighting. Zone A assessments are based on $15.00 per benefit unit per year for improved parcels and $7.50 per benefit unit per year for vacant, buildable parcels. Zone B parcels do not have benefit of immediate street lighting but share equitably in benefit from major arterial street lighting. Zone B assessments are based on $3.75 per benefit unit per year for improved parcels and $1.88 per benefit unit per year for vacant, buildable parcels. Zone C assessments, which fund the operation and maintenance of traffic signals, safety lights, flashing beacons, and lighted street name signs within the City boundaries, are collected from all 1 of 5 July 20, 2021, Item #14accessible parcels in Poway. Improved parcels are assessed at $13.58 per benefit unit per year. Buildable parcels that are vacant are assessed at a rate of 50 percent, or $6.80 per benefit unit per year. Public parks, facilities and parking lots are not included in the District. The Fiscal Year 2021-22 assessments are based on the District's operation and maintenance expenses. Assessments are proposed to remain unchanged from the Fiscal Year 2021-21 rates. Total revenues are estimated to be $1,425,284.78 which includes $332,380.04 in Zone A assessments, $13,897.94 in Zone B assessments, $350,642.80 in Zone C assessments, the annual Ad Valorem Tax, City General Benefit contribution, and estimated interest earnings. The District's revenues fund ongoing expenses in operations and maintenance, administration, and capital replacement costs. In Fiscal Year 2019-20, approximately 3,300 low pressure sodium (LPS) lights were converted to light emitting diodes (LEDs). As a result, $1,727,398.00 was appropriated on January 15, 2019, from the Lighting District's uncommitted fund balance of approximately $5.45 million for this project. Beginning in Fiscal Year 2019-20, $250,000.00 will be requested each year over a five-year period to replace aging signalized intersections. In Fiscal Year 2021-22, the City will be in its third year of signalized intersection equipment replacement. At the end of the five-year period, it is estimated the District's uncommitted fund balance will be approximately $3.4 million. Each fiscal year, the capital improvement project fund commitments will be re-evaluated to ensure available funding. The City Council's approved Fiscal Year 2021-22 Engineer's Report is on file in the Office of the City Clerk, 13325 Civic Center Drive, Poway California and the Department of Public Works, 14467 Lake Poway Road, Poway, California. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Revenue generated from Lighting District assessments is $696,920.78, $496,137.00 in general tax contributions, $100,000.00 in interest earnings, and $132,227.00 in General Fund contributions. These estimated revenues are currently sufficient to cover ongoing maintenance and repair projects. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, July 1, 2021. Pursuant to Government Section 53753, all public notification requirements have been met. No responses have been received regarding the proposed assessments at the time this report was written. 2 of 5 July 20, 2021, Item #14Attachments: A. Resolution Reviewed/ Approved By: Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager July 20, 2021, Item #14RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LIGHTING DISTRICT TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2021-22 WHEREAS, the City Council of the City of Poway desires to have Lighting District assessments collected on the San Diego County Property Tax Roll; WHEREAS, pursuant to the provisions of the City of Poway Resolution No. 00-035 (Policies for Lighting District) and Assessment law being the "Landscape and Lighting Act of 1972" (being part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 21-040 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Poway Lighting District, the Assessment Engineer for the City of Poway has submitted an Engineer's Report for the District as required by California Street and Highways Code, Section 22565; WHEREAS, on June 15, 2021, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; WHEREAS, on July 20, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this matter; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The Assessment Rates for three (3) zones are as follows: Zone A: Zone B: Zone C: $15.00 per benefit unit; $7.50 per benefit unit for vacant parcels $ 3. 75 per benefit unit; $1.88 per benefit unit for vacant parcels $13.58 per benefit unit; $6.80 per benefit unit for vacant parcels SECTION 2: The sum of assessments to be collected on the Fiscal Year 2021-22 San Diego County Property Tax Roll to provide for costs of administering, operating and maintaining the Poway Lighting District are as follows: Zone A: Zone 8: Zone C: 4 of 5 $332,380.04 $ 13,897.94 $350,642.80 ATTACHMENT A July 20, 2021, Item #14Resolution No. 21-Page 2 SECTION 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as $132,227.00. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 5 of 5 July 20, 2021, Item #15DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway July 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services -,fol\ Austin Silva, Senior Planner ~ (858) 668-4658/asilva@poway.org CITY COUNCIL Tentative Tract Map 17-005/ Variance 21-003 -Hidden Valley Ranch; a request for a 41-lot subdivision with over height entryway retaining walls at 17150 Old Coach Road. Tentative Tract Map (TTM) 17-005 is a request for a 41-lot, single-family subdivision on an approximate 420-acre site within the Hidden Valley Ranch (HVR) Specific Plan area in the Planned Community (PC) zone. Variance (VAR) 21-003 is a request to construct entryway retaining walls that exceed the six-foot height limit. An extension for this map was approved on July 17, 2018 and the variance was approved on May 16, 2018. This action would be a re-approval of the same map and variance with no revisions. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: Project Description The project applicant is Landmark Consulting and the property owner is HVR Poway, LP. The project is located on an approximate 420-acre site located on the east side of Old Coach Road, north of and adjacent to the Blue Sky Ecological Reserve. The project site is shown on the location and zoning map included as Attachment B. The site contains a single-family residence and an active agricultural ranch. The HVR project was originally approved in 2003. The main components of the project have remained unchanged and generally consist of a single-family home neighborhood; preservation of the majority of the existing agricultural operation, the existing ranch house, and a private 9-hole golf course; preservation of approximately 57 acres of the site as open space; and the provision of a public recreation trail through the site. The design details of the project are included in the approved HVR Specific Plan, which are available online through a hyperlink provided as Attachment C to this report. 1 of 21 July 20, 2021, Item #15A graphic showing the overall project site plan from the approved HVR Specific Plan, which also shows the open space areas and trail, is included as Attachment D. Project History On November 18, 2003, the City Council originally approved the HVR project and certified the project's Environmental Impact Report (EIR) under Resolution P-03-75. This original approval included a gated entry for nine of the new residences on a private street, with other residences on ungated, public streets. On August 16, 2005, the City Council approved the applicant's requested revisions to the project involving pad elevation changes and the relocation of some of the lots under Resolution P-05-53. The approval maintained the gated entry and the mix of private and public streets. On August 19, 2014, the City Council approved additional applicant requested revisions involving the redesign of project streets and lots, elimination of the gated entry to nine new residences (including a re-designation of this street segment from private to public), realignment of the public recreation trail through the project site, and establishment of a project-phasing plan, under Resolution P-14-07. On July 21, 2015, the City Council approved TTM 15-001, Specific Plan Amendment (SPA) 15-001 for applicant requested revisions involving a gate and private roads for the entire project, and Variance (VAR) 15-002 for an over height retaining wall, under Resolution P-15-20. On May 16, 2017, the City Council approved TTM 17-005, extending the approval of TTM 15-001 by one year, and VAR 17-002 for an over height retaining wall, under Resolution P-17-07. On July 17, 2018, the City council approved TTM 18-004, extending the approval of TTM 17-005 by one year, under Resolution P-18-19. On July 21, 2019, TTM 18-004 expired because an extension was not applied for. VAR 17-002 became null and void on this date also because the TTM that is was associated with expired. The applicant and owner experienced hardships around the time of the TTM expiration date and there was a misunderstanding about the TTM extension process which resulted in the expiration. The owner was still interested in moving forward with the project and had started to obtain permits from the Army Corps of Engineers, California Department of Fish and Wildlife, and the Regional Water Quality Control Board. The applicant used TTM 17-005 as the project identification number for the permits with the aforementioned agencies and requested that this number be used for the resubmittal of the project for consistency moving forward. Otherwise, this project would have been assigned a ''TTM21" number. This project is essentially being reviewed and processed as an extension to the prior TTM since no changes are proposed. Variance Request A Variance is the process through which an individual can seek relief from certain PMC development standards, provided required "findings" can be made by the City Council. The applicant is requesting a Variance to exceed the PMC height limit of six feet for retaining walls. This is the same variance request (VAR 17-002) that was approved in May 2017. A site plan showing the retaining wall locations is included as Attachment E. The site plan indicates a retaining wall up to eleven feet on the north side of the street at the entry gate, and a retaining wall up to seven feet on the south side of the street, which are highlighted in green. 2 of 21 July 20, 2021, Item #15All of the required findings can be made in this case. The findings are primarily based on the existence of a special circumstance, which in this case is a recorded Biological Conservation Easement (BCE) on either side of the street entrance into the project. Attachment D also shows the limits of the BCE which are highlighted in red, and the location of the retaining walls which are shown in green in the area of the gated entry. The BCE is for the preservation of natural vegetation and no grading is permitted. It was put into place several years ago for mitigation of natural vegetation impacts that will occur when the project is constructed. The retaining walls will enable the construction of the gated entry and its turnaround area, without grading into the BCE. The required findings to support Variance 21-003 can be made as follows: 1) That there are special circumstances applicable to the property, and because of this, the strict application of the development regulations deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification in that a BCE, which allows no natural vegetation removal or grading, exists on both sides of the street and the retaining walls will enable the construction of the gated entry and its turnaround area without grading into the BCE; and 2) Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and zone, and denied to the property for which the Variance is sought in that retaining walls will enable the construction of a gated entry that is similar to other projects in the immediate vicinity of the project site; and 3) Granting the Variance would not be materially detrimental to the public health, safety or welfare in the vicinity and zone in which the property is located in that the walls will be designed by an engineer and building permits will be required for construction; and 4) Granting the Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that other properties in a similar situation may also request approval of a Variance and this Variance involves the unique circumstance of a BCE that exists on both sides of the street; and 5) The granting of this Variance does not allow a use or activity which is not otherwise expressly authorized by the zoning development regulation governing the property in that retaining walls are allowable in this zoning district and the walls will enable the construction of the gated entry and its turnaround area without grading into the BCE; and 6) That granting the Variance or its modification will not be incompatible with the City General Plan in that the design of the walls will enable the planting of vegetation which will soften the appearance of the walls and minimize any visual impacts. Environmental Review: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the approval of the HVR project and was certified on November 18, 2003 (State Clearing House #2001121009). The EIR analyzed the potential impacts of the HVR Specific Plan and subdivision. The proposed TTM is consistent with the HVR Specific Plan and previously approved TTM. Therefore, no further environmental analysis is required because the project's 3 of 21 July 20, 2021, Item #15impacts have already been adequately analyzed and are fully covered by the previously certified EIR. Fiscal Impact: None. Public Notification: A public notice was published in the Poway News Chieftain and mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Hidden Valley Ranch Specific Plan (https:/ /docs.poway.org/Weblink/Browse.aspx?id=151672&dbid=0&repo=CityofPoway) D. Overall Site Plan E. Retaining Wall Locations Reviewed/ Approved By: Wend Kaserman Assistant City Manager 4 of 21 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager July 20, 2021, Item #15RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 17-005 FOR A 41-LOT SUBDIVISION, AND APPROVAL OF VARIANCE 21-003 FOR AN OVERHEIGHT RETAINING WALL, ASSESSOR'S PARCEL NUMBERS 277-070-34, 277-080-27, 277-080-22, 277-241-01, 277-241-02, 277-241-03, 277-041-04, 277-241-05, 277-241-06, 277-241-07, 277-241-08, 277-241-09, 277-241-10, 277-241-11, 277-241-12, 277-241-13, 277-241-14, 277-241-15, 277-241-16, 277-240-01, 277-240-02, 277-240-03, 277-240-04, 277-240-05, 277-240-06, 277-240-07, 277-240-08, 277-240-09, 277-240-10, 277-240-11, 277-240-12, 277-240-13, 277-240-14, 277-240-15, 277-240-16, 277-240-17 WHEREAS, on July 20, 2021, the City Council considered Tentative Tract Map (TTM) 17-005; a request for a 41-lot, single-family subdivision on an approximate 420-acre site located at 17150 Old Coach Road within the Hidden Valley Ranch (HVR) Specific Plan area in the Planned Community (PC) zone and Variance (VAR) 21-003; a request to construct entryway retaining walls that exceed the six-foot height limit; WHEREAS, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; 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; and WHEREAS, the approved development plans are incorporated by reference herein as Exhibit A to this Resolution available on file in the Development Services Department, also known as the TTM site plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the approval of the HVR project and was certified on November 18, 2003 (State Clearing House #2001121009). The EIR analyzed the potential impacts of the HVR Specific Plan and subdivision. The proposed TTM is consistent with the HVR Specific Plan and previously approved TTM. Therefore, no further environmental analysis is required because the project's impacts have already been adequately analyzed and are fully covered by the previously certified El R. SECTION 3: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for TTM 17-005, are made as follows: A. The Map is consistent with the General Plan in that the cluster subdivision design, with a total of 41 lots on 420 acres of land that has an average natural slope of 21 percent, is consistent with the density limitation of the Rural Residential A General Plan land use 5 of 21 ATTACHMENT A July 20, 2021, Item #15Resolution No. 21-Page designation; the cluster subdivision design enables the preservation of large blocks of natural habitat areas in permanent open space; and the subdivision design provides a public recreation trail. B. The site is physically suitable for the type of development proposed in that the project has been designed to comply with the density limitations of the General Plan, hillside development standards, and requirements of the PMC. C. The site is physically suitable for the density of the development proposed in that the lot sizes and configurations have been designed to make allowances for the steep topography of the site. D. The design of the Map is not likely to cause substantial environmental damage or avoidable injury to humans and wildlife or their habitat in that the project development would not cause unavoidable adverse conditions to humans and the project is in compliance with the Poway Subarea Habitat Conservation Plan. E. The Map is not likely to cause serious public health problems because City water, sewer, and drainage system improvements are required as a condition of approval. F. The design of the Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. G. The Map will not create any unmitigated adverse significant impacts on the environment. H. The grading plan for the proposed Map includes several cut or fill slopes that are 30 feet or greater, but not exceeding 40 feet in vertical height. The City Grading Ordinance requires City Council approval of all fill slopes of such height. The City Council finds that such slopes are reasonable and necessary to develop the Project, and therefore, such slopes are hereby approved. SECTION 4: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows: A. The design and improvements of the Map are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary services and facilities will be available to serve the project. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: 6 of 21 1. Onsite and offsite drainage improvements will be provided for the increase in surface water runoff. 2. New fire hydrants will be required to serve the new development and provide fire protection. 3. Water and sewer fees shall be paid, and onsite and offsite improvements made to provide water and sewer service to the development. 4. Access to the site will be provided in accordance with City standards and to ensure adequate emergency access. July 20, 2021, Item #15Resolution No. 21-Page 5. A public recreational trail will be provided through the project site to connect the existing public trail on Old Coach Road to the west of the site with existing trails to the south of the site in the Blue Sky Ecological Reserve, thereby providing a community wide recreational amenity. SECTION 5: The findings in accordance with Chapter 17.50 of the PMC for VAR 21-003 are made as follows: A. That there are special circumstances applicable to the property, and because of this, the strict application of the development regulations deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification in that a Biological Conservation Easement (BCE), which allows no natural vegetation removal or grading, exists on both sides of the street and the retaining walls will enable the construction of the gated entry and its turnaround area without grading into the BCE; and 8. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and zone, and denied to the property for which the Variance is sought in that retaining walls will enable the construction of a gated entry that is similar to other projects in the immediate vicinity of the project site; and C. Granting the Variance would not be materially detrimental to the public health, safety or welfare in the vicinity and zone in which the property is located in that the walls will be designed by an engineer and building permits will be required for construction; and D. Granting the Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that other properties in a similar situation may also request approval of a Variance and this Variance involves the unique circumstance of a BCE that exists on both sides of the street; and E. The granting of this Variance does not allow a use or activity which is not otherwise expressly authorized by the zoning development regulation governing the property in that retaining walls are allowable in this zoning district and the walls will enable the construction of the gated entry and its turnaround area without grading into the BCE; and F. That granting the Variance or its modification will not be incompatible with the City General Plan in that the design of the walls will enable the planting of vegetation which will soften the appearance of the walls and minimize any visual impacts. SECTION 6: The City Council hereby approves TTM 17-005, as shown on the approved plans incorporated herein by reference and stamped as "Exhibit A" dated July 20, 2021 (Exhibit A hereinafter) on file with the Development Services Department, except as noted herein and 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 TTM 17-005) and any environmental document or decision made pursuant to CEQA. The 7 of 21 July 20, 2021, Item #15Resolution No. 21-Page 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. 8. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped "Exhibit A" and on file at the Development Services Department. If actual conditions and details vary from representations on Exhibit A, the approved plans must be changed to reflect the existing site conditions and proposed project details. 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 (1) submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. E. 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. F. Prior to Final Map approval, unless other timing is indicated, the following conditions shall be complied with: 8 of 21 1. The proposed boundary adjustment shown on the Tentative Tract Map is not approved as a part of this entitlement. Prior to Final Map approval or Grading Permit issuance, whichever occurs first, the applicant shall submit documentation that the U.S. Bureau of Land Management (BLM) supports approval of a boundary adjustment, prior to the City processing a separate Boundary Adjustment application, which will be submitted and paid for by the applicant. If the BLM does not support the boundary adjustment, it shall be removed from the Final Map. If the SLM does not support the boundary adjustment, any encroachment of agricultural operations off the HVR site shall be removed before Final Map approval or Grading Permit issuance, whichever occurs first. The area shall then be restored to natural habitat. If the SLM does not support the boundary adjustment, prior to Final Map approval or Grading Permit issuance whichever occurs first, the applicant shall submit and receive approval of a habitat restoration plan. The habitat restoration plan shall identify interim erosion control measures necessary because of the encroachment removal, the timing of habitat restoration July 20, 2021, Item #159 of 21 Resolution No. 21-Page activities, and an appropriate restoration monitoring term. The habitat restoration plan shall be reviewed by the City's Consulting Landscape Architect. Review fees are the responsibility of the applicant. 2. The approval of TTM 00-02 established a Letter of Availability (LOA 291) to reserve sewerage availability for 41 Equivalent Dwelling Units (EDU's). A reservation fee in the amount of $27,519.20 was paid by the applicant and represents 20 percent of the sewerage connection fee in effect at the time the LOA was issued. LOA 291 will be reissued with the approval of this TTM and will be credited with the 20 percent payment. Thirty percent of the sewer connection fees, in the amount of $41,278.80 shall be paid within 30 days from Final Map recordation. Each residential lot shall pay its portion of the sewer connection fee in the amount of $1,678 prior to Building Permit issuance. The total balance of the sewer connection fee, $68,798.00, representing fifty percent (50%) payment, less previously paid lot portions, shall be paid no later than 36 months from recordation of the Final Map, unless otherwise granted a time extension to complete the project. Reference is hereby made to City Ordinance No. 83, codified as Chapter 13.08 PMC as to time extensions and for other particulars. 3. Within thirty (30) days after tentative map approval, the applicant shall submit in writing to the City's Planning Division that all conditions of approval have been read and understood. 4. This approval is based on the existing site conditions represented on the approved tentative map. If actual conditions vary from representations, the approved tentative map must be changed to reflect the actual conditions. Any substantial changes to the tentative map must be approved by the Director of Development Services and may require approval of the City Council. 5. The applicant shall include provisions in their design contract with their design consultants that, following acceptance by the City, all construction drawings or technical reports accepted by the City (exclusive of architectural building plans) shall become the property of the City. Once accepted, these plans may be freely used, copied or distributed by the City to the public or other agencies as the City may deem appropriate. An acknowledgement of this requirement from the design consultant shall be included on all construction drawings at the time of plan submittal. 6. The final map, together with the supporting data and documentation, shall be submitted to Engineering Division for review and approval. The appropriate map checking fee shall be paid by the applicant. The final map shall conform to City standards and procedures, the City Subdivision Ordinance, the latest edition of the Subdivision Map Act, and the Land Surveyors' Act, the Resolution of Approval as approved by the City Council, all other applicable laws, regulations and ordinances and shall be in substantial conformance with the approved tentative map. The applicant/developer shall cause the dedication of the following easements to the City and/or on behalf of the public, unless otherwise indicated: July 20, 2021, Item #1510 of 21 Resolution No. 21-Page a. An easement, a minimum of 20.00 feet wide, for each new public water line or new public sewer line located outside a publicly dedicated street right-of-way, shall be dedicated to the City. If water and sewer lines are installed parallel with each other, the combined width may be reduced to 30.00 feet. b. Open Space Easements over Lot C. The Open Space Easement referred herein are for general open space use and shall be granted to the City of Poway and to the Wildlife Agencies. Lot B and Lot C shall be designated in the Final Map as "Open Space Lot B" and "Open Space Lot C", respectively. (For reference, see certified project EIR on file with the City). c. The project's private streets shall be constructed to local, non-dedicated rural street standards and depicted on the final map. Applicant/developer shall obtain approval of street names from the Development Services Department Planning Division prior to Final Map approval. Easements shall be provided to areas needed for fire hydrant installation and access, the dimensions of which shall be determined by the City on a case by case basis at time of Final Map review. d. Access and general utility easements. These easements are needed where there is a public utility. Access easements shall include maintenance of utilities and access roads. Dedication of these easements to the City shall include the right to assign those easements, in whole or in part, including the right to assign to telecommunications companies or public utility companies for the provision or expansion of such services. e. Recreational trail easement(s), the width and location of which shall be approved by the Public Works Department and/or the Development Services Department. The easement(s) shall be consistent with the trail alignment shown on the TTM. This easement(s) shall be dedicated to the City of Poway for public use. The applicant may propose an alternative alignment for the trail easement after recordation of the Final Map. Any alternative alignment is subject to City approval, and depending on the extent of variation in the alignment shown on the Tentative Tract Map and Final Map, an alternative may involve an amendment of the project approval, payment of processing fees, additional environmental review, and City Council action. Should the applicant propose an alignment that would require the acquisition of an easement on property other than the project site, the applicant shall be responsible for securing such easement(s). Documentation of offsite easement acquisition shall be required with submittal of the proposal to the City. The applicant may satisfy this requirement with an alternative written instrument conveying the required recreational trail or trails to the City, in a form and manner approved by the City Attorney. f. Drainage easements, if any. The easement, a minimum of 20.00 feet wide, is required for all drainage facilities to be maintained by the City. The City shall make a determination, during improvement plan and/or Final Map review, as to which drainage facilities are to be City-maintained. g. Flowage easements, if any. IUhere is an alteration of the streambed that would cause the 100-year floodway inundation to extend beyond existing flowage easements, appropriate easements shall be dedicated to the corresponding agency, if other than the City of Poway, prior to Final Map approval. If flowage easement is to be maintained by the City of Poway, it shall be dedicated through the Final Map. July 20, 2021, Item #1511 of 21 Resolution No. 21-Page 7. All easements and/or rights-of-way to be dedicated on behalf of the public and/or to the City of Poway, unless otherwise indicated, shall be made through the Final Map. 8. A note shall be added to the Final Map stating that each lot is responsible to meet storm water treatment and hydromodification management requirements for improvements on the lot. Also, note on the Final Map that any excess capacity provided in the treatment/hydromodification management facilities built to serve the overall subdivision will be shared equally among all parcels within the subdivision. 9. Should there be a need to extend public water and sewer lines for the use of any parcel in the subdivision through offsite properties, appropriate easements shall be dedicated to the City prior to Final Map approval. 10. Recordation of a Private Road Construction and Maintenance Agreement shall be required for all the private roads. Additionally, Lots 27, 28, 29, and 32 are required to join any existing Private Road Maintenance Agreement for existing Las Luces Del Cielo or not oppose the inclusion of those lots in any future Private Road Maintenance Agreement for this road, by covenant to be reviewed and approved by the City Attorney before the recordation of the Final Map. Any future Private Road Maintenance Agreement shall be reviewed and approved as to form and content by the City Attorney prior to recordation. 11. Covenants, Conditions, and Restrictions (CC&Rs), or an alternative instrument approved by the City, shall be established to address construction and maintenance of the private roads, slopes, drainage, accesses in the subdivision, and landscaping improvements in the public rights-of-way within the project site. Said CC&Rs or other instrument shall be reviewed and approved by the City prior to Final Map recordation. However, it shall be permissible to exclude Lots 27, 28, 29, 32, and 41 from any proposed Homeowners Association and/or CC&Rs at the applicant's discretion provided that maintenance responsibilities specified above are ensured by some other mechanism that is proposed by the applicant, and approved by the City. 12. Cause the dedication of a general utility easement to the City for public water and sewer lines outside the limits of the subdivision, if needed, to serve the southerly parcels with offsite access to and from Old Coach Road. The width of the easement shall be a minimum of 20.00 feet for each utility line. If water and sewer lines are installed parallel to each other, the combined easement width may be reduced to 30.00 feet. 13. A mylar copy of the Final Tract map shall be provided to the City within 3 months of its recordation or prior to building permit issuance, whichever comes first. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the Tract Map, for the mylar reproduction of the recorded Tract Map shall be posted. (See PMC 16.12.060 B for subdivider's responsibility to provide a reproducible mylar copy to the City.) 14. If the project is developed in phases, the public improvements associated with the second and subsequent phases may be secured with a lien and agreement not to July 20, 2021, Item #1512 of 21 Resolution No. 21-Page convey recorded on the lots within the corresponding phase, in form and content approved by the City Attorney. The foregoing notwithstanding, the applicant shall be entitled to convey lots to a "related party" for estate planning purposes provided, however, that the applicant shall at all times maintain a controlling interest in any such related party. For the purposes of this agreement, "related party" shall be defined as a corporation, limited liability company, partnership, limited partnership, living trust, or other similar organization. The term "controlling interest" means that the applicant owns at least fifty-one percent (51 %) of the stock (if a corporation); is the sole managing member (if a limited liability company); owns at least fifty-one percent (51 %) of any partnership; is the general partner (if a limited partnership); is the settler, sole trustee, and at least one beneficiary (if a living trust); in any event, where the applicant controls the management of any such vehicle for ownership of the lot or lots being conveyed. The lien created by this agreement, and the covenants and agreements set forth herein, shall be null and void, and of no further effect, if the applicant replaces this agreement with such form of security that meets the requirements of the Poway Municipal Code and is in a form satisfactory to the City, in its sole discretion. 15. Public Improvement plans for all project phases shall be submitted per PMC requirements to the Department of Development Services, Engineering Division. Improvement design should be 100% complete at time of submittal and should include the following Public Improvements: a. Private streets constructed to local non-dedicated rural street standards. b. Private street lights placed to the satisfaction of the City Engineer. c. A public sanitary sewer system that provides adequate capacity for all proposed lots. d. A looped public water system and related appurtenances (including fire hydrants, service laterals, air releases, etc.) necessary for connecting Lots 1-40 to the public water main located in Old Coach Road and Las Luces Del Cielo. e. A recreation trail traversing the property from west to east near the southern boundary of the subdivision. f. The improvement plans shall include all necessary construction needed to install the improvements, including earthwork, drainage and water quality facilities. If the public improvements are installed in phases, each phase of public improvements shall not be reliant on completion of subsequent phases for proper function. The looped water system shall be installed with the first phase of public improvements. 16. The Public Improvement plan shall be approved. The applicant shall enter into a Standard Agreement for the construction of public improvements and monumentation for the work to be done as part of the Public Improvement plan. The applicant shall post securities for monumentation and public improvements. 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. July 20, 2021, Item #15Resolution No. 21-Page 18. Any private improvements within any publicly held easement or right-of-way may require an encroachment agreement as determined necessary by the City Engineer. All necessary encroachment agreements shall be approved and executed prior to grading permit issuance. G. Prior to issuance of a Grading Permit, unless other timing is specified: 13 of 21 1. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the grading and improvement plans and be appropriately sized for the proposed level of development. 2. Submit a precise grading plan for the development prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100% complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Title 16, Division Ill of the PMC shall be submitted. 3. Grading of the project shall be in substantial conformance with the approved Tentative Tract Map and in accordance with the California Building Code, City Grading Ordinance, City Stormwater Management and Discharge Control Ordinance, SUSMP and the EIR. 4. All permits from applicable resource agencies (RWQCB, FEMA, DFW, etc.) shall be obtained for proposed work in the existing natural channel. 5. Water Quality Control -Drainage and Flood Damage Prevention A drainage study addressing the impacts of the 100-year storm event, prepared by a registered Civil Engineer, is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer. 6. Water Quality Control -Design and Construction The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. a) Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code, and a signed PDF version. b) Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in Chapter 16.104 of the Poway Municipal Code. c) Upon approval of the SWQMP, provide a PDF version. July 20, 2021, Item #15Resolution No. 21-Page 7. Water Quality Control -Construction Storm Water Management Compliance "Proof of Coverage" under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 2009-0009-DWQ, as amended by order 2010-0014) shall be provided to the City, along with a copy of the Storm Water Pollution Prevention Plan (SWPPP). 8. Grading securities shall be posted with the City prior to grading plan approval per PMC 16.46.080. A minimum cash security of $2,000 is required in all instances. 9. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 10. Following approval of the grading plans, posting of securities and fees, and submittal of three copies of the approved plans to the City, 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. 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. 11. 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. All appropriate fees shall be paid prior to permit issuance. Any offsite easements required to serve the subdivision, including, but not limited to, utility services and access shall be recorded. 12. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. As a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer authorized to practice surveying and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. 13. Public Improvement plans shall be submitted to the Engineering Division. Improvement design should be 100% complete at time of submittal and should include the Public Improvements previously described in this report. H. Prior to Building Permit issuance, unless other timing is indicated, the following conditions shall be satisfied. These conditions may be modified or added onto conditions that may be imposed for the approval of DR or MORA. 1. Recordation of the final map for Tentative Tract Map No. 17-005. If filed in multiple units, the portion of the final map of the unit in which the property seeking a building permit is located, shall be recorded. 2. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading of lots shall be in accordance with the California Building Code, the City 14 of 21 July 20, 2021, Item #15Resolution No. 21-Page Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 3. Erosion control shall be installed and maintained by the developer annually, from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 4. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a) Three copies of certification of line and grade for the lot, prepared by the engineer of work. b) Three copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City. 5. 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. 6. Water Quality Control -Design and Construction The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. a) Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code, and a signed PDF version. b) Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in Chapter 16.104 of the Poway Municipal Code. c) Upon approval of the SWQMP, provide a PDF version. 7. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. 8. If the project is developed in phases with the public improvements associated with the second and subsequent phases secured with a lien and agreement not to convey recorded on the lots within each phase, for the second and subsequent phases a written request to release the lien and agreement not to convey must be submitted and the release granted by the City for each lot prior to issuance of a building permit. The release of the lien and agreement will be granted after the public improvements for the prior phase are completed and accepted by the City Council. The foregoing notwithstanding, the applicant shall be entitled to convey 15 of 21 July 20, 2021, Item #15Resolution No. 21-Page lots to a "related party" for estate planning purposes provided, however, that the applicant shall at all times maintain a controlling interest in any such related party. For the purposes of this agreement, "related party," shall be defined as a corporation, limited liability company, partnership, limited partnership, living trust, or other similar organization. The term, "controlling interest," means that the applicant owns at least fifty-one percent (51%) of the stock (if a corporation); is the sole managing member (if a limited liability company); owns at least fifty-one percent (51 %) of any partnership; is the general partner (if a limited partnership); is the settlor, sole trustee, and at least one beneficiary (if a living trust); in any event, where the applicant controls the management of any such vehicle for ownership of the lot or lots being conveyed. The lien created by this agreement, and the covenants and agreements set forth herein, shall be null and void, and of no further effect, if the applicant replaces this agreement with such form of security that meets the requirements of the Poway Municipal Code and is in a form satisfactory to the City, in its sole discretion. I. Prior to issuance of a Certificate of Occupancy: 1. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 2. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. 3. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 4. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to the streets and improvements caused by construction activity from this project. 5. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.1308 of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. At least three weeks prior to a request for occupancy is recommended. 16 of 21 July 20, 2021, Item #15Resolution No. 21-Page PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, CMC, Interim City Clerk 17 of 21 July 20, 2021, Item #150 375 750 --- -18 of 21 1,500 Feet Hidden Valley Ranch OS-RM CITY OF POWAY Zoning/Location Map Item: TTM17-005NAR21-003 ATTACHMENT B July 20, 2021, Item #1519 of 21 Hidden Valley Ranch Specific Plan (on file in the Office of the City Clerk) https://docs.poway.org/Weblink/Browse.aspx?id=151672&dbid=0&repo=CityofPoway ATTACHMENT C July 20, 2021, Item #15N 0 0 ...... N ....a. )> -t -t )> n ::c s: m z -t C M HIDDEN VAIJ.LEY RANCH I . ..tJ'N H 7..llil.O'., \l'N I _____ .;...._,__ • _ n1.nuo.1,., ____ • / _ • .!7T-0!-0-IJ'.1 • ___ • • ___ • • / • ----A'.-~1,·-t.:::,1::~,{"\, ~''." ~.-,,., , r / un-11,d'.J '-.JfT ---., i'}j ,¼ Qpen /J~ ... ,"' i:f!f l · Space : I !:''-', ',::;-12-" "'"""""' ~f jl; , , t,::;.~"0 c I ~~ \ i '/ ·,_ ~ \ \ :-:~::· Hidd<,nVall<tyfQnch Grove Operation& Agricultural LOT41 Ranch Operation• C <tnl<tr Exi•ling R<t•idence · Gsue•t GluartsrA And Rec. Open Space Phll~UI I I~ /, li ;,· ~ / ,1 't ~-/~-· · · A : Phll~IH ': l \Ph/J&e/ ,':: CJ.,~ _'::\~::;:~:~~~S::"\,;··:.·~-"',.. /"" \_ ~ , Pha.e.~l·· .. ·.·1 1 ·.1 e-: 411 ;;;13c'~ ~--. / l -=, [~ ~ ,-:,,._....._-. .~· i./,rr---... r) , . .: --. - / ,l _.,.· / . -~-·· _//-'/•Open / '. / 1 Space 4 ! / Phllee Ill /~ 11 FaclllUe& / ---z~;J,:i~;r{ i~,l11fr:cc~~-.,I~-~_,/ --- ;.;-;;;;-$:,...,_'• ., Fuure Goi.f j / ,-/: •.J,.t_J✓-;,y.f-,. ','-.} Cit~ of Powd!j --l, "··-, C~ae E~~; J< ': 1-f· ~,, ,./// /~//'>'-\ 1/,, I / I '. _20·&4], ,/:::·~:)~_.j ::1 Hidd<,n V a1i.,y Ranch Grove Operation& · F~il~ R:!!crealion ~re~> ~c.l '// ( I/ / ,_,1;:p-ion_i /... ·•/ /:'-' /l _/ ! ,. .,: c:: . .,_ ___ :" , i;/ , ~ '// ·•,_j _·-:---\:~ 9 9 ~ -. . ~..;.,__. · · · · -----LOT 41 ~ ~ e,'.,..•--,~~/ ,~ ---.~/ V ~ / /?// -~1)i~~->--~£-·;(.u;;;j-~v.uur ,,., 0 - 1'h1J , "-:-::b.£-:,:;;:·~T 1 LAND USE 5UMMAR'r "'·'·'""· ,,;_'::;;,_,. !,,,.,;,_.,, :1 @-I If re, 2N 4001 ~ ~1nr-l ... .. .. ____ _j ___ ---. ~,.,..,..-· --__ [ _____ .•.. -···-··- BLUE SKY OPEN OPEN SP;\Cl PRESERVE Note: l-lorse keeping allowed on Lots 27, 28, 2~, 32, ( 41. Residential Golf Cour~ Area Open Space Agricultural Open 5p~ Roads Lots 1-40 w/in Lot4I LoteA,6,C Lot41 Roads Total Area 52.SAcres 4-0.rZ)Acres 6'2).9Acres 265.9Acree. 6.5Acree. 425.8Acres CONCEPTUAL DEVELOPMENT PLAN Exhit,ft6 Aprll 2015 July 20, 2021, Item #15I , I 21 of 21 ATTACHMENT E July 20, 2021, Item #16DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway July 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services ~ Scott Nespor, Associate Planner SAN (858) 668-4656 or snespor@poway.org CITY COUNCIL Environmental Assessment and Specific Plan Amendment 20-002, Conditional Use Permit 20-004, and Development Review 20-005 This action is a Specific Plan Amendment (SPA) request to amend the South Poway Specific Plan (SPSP) to allow hotel buildings to contain five stories within a 60-foot height limit, and a Conditional Use Permit (CUP) and Development Review (DR) request to construct and operate a 58-room hotel with five stories on a 1.23-acre lot located at 14082 Stowe Drive on the northeast corner of Stowe Drive and Scripps Poway Parkway in the South Poway Commercial (SPC) land use district of the SPSP. Recommended Action: It is recommended that the City Council take public input, close the public hearing, adopt the resolutions and introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption for August 3, 2021. Discussion: This project is initiated by Serendipity Hospitality, LP (Owner) and Studio E Architects (Applicant) and is a request for a SPA, CUP, and DR. SPA 20-002 is a request to amend the SPSP to allow five stories within a 60-foot height limit. CUP 20-004 and DR 20-005 are a request to construct and operate a 34,899 square-foot hotel with five stories and a height of 59.33 feet on a 1.23-acre lot located at 14082 Stowe Drive in the SPC land use district of the SPSP (Attachment D). The proposed hotel will have 58 rooms. The 1.23-acre project site is located at the northeast corner of Stowe Drive and Scripps Poway Parkway. Surrounding land uses consist of the Stowe Plaza commercial center with restaurants and services housed in a complex of one-story buildings to the west. A two-story corporate headquarters and warehouse building for Seirus Innovative Sportswear is to the northwest. General Atomics has facilities to the north and also to the southwest, across Scripps Poway Parkway. These buildings are two-story, light industrial buildings less than 35 feet high. Located immediately to the east is the 1 of 99 July 20, 2021, Item #16Hampton Inn & Suites hotel, which is a three-story hotel building that does not exceed 35 feet in height. The pad of the proposed hotel is approximately six feet above the grade of Stowe Drive. Amendment to the South Poway Specific Plan The SPSP was originally approved in 1985 and has been amended periodically in response to evolving real estate trends and business needs. Historically, SPSP amendments have been related to both development standards and land use designation changes. Over the past ten years the City Council has approved two property owner requests for changes in development standards. In 2001, the City Council approved a request to allow three stories within the existing height limit for hotels and motels. In 2020, the City Council approved a request to allow self-storage buildings to contain a maximum of three stories within the existing allowable height. Pursuant to Section 17.47.020 of the Poway Municipal Code (PMC), it is required that proposed Specific Plan Amendments be considered by the City Council at a public hearing. The proposed SPA would allow for hotel buildings to contain a maximum of five stories within an overall height limit of 60 feet. The amendment would only apply to parcels that fall within the following parameters: 1) Have a land use designation of SPC. Hotels are limited to parcels that have been designated SPC in the SPSP. Currently, there are 23 parcels with a SPC designation. Hotels on parcels designated SPC require a CUP. 2) Have a maximum lot area that is less than two acres. To accommodate a hotel and the required building setbacks, parcels that are smaller than two acres would be allowed to extend above 35 feet to 60 feet. It is anticipated that buildings on smaller lots will have a smaller footprint and their overall building mass, when compared to large warehouse and light industrial buildings with much larger footprints, will have less of a visual impact. Of the 23 lots currently designated SPC, 14 are less than two acres. 3) Be located adjacent to Scripps Poway Parkway, between Community Road and Danielson Street. By limiting hotel buildings, with a small building footprint, to the central areas of the business park, the perimeter lots on the edge of the business park closest to the slopes that are protected as open space will not be candidates for hotels that extend above 35 feet. Of the 14 parcels that are designated SPC and are less than two acres, only three are adjacent to (or have frontage on) Scripps Poway Parkway between Community Road and Danielson Street. 4) Be demonstrated that the visual impacts of the proposed hotel are found to be negligible. Finally, hotel buildings proposed on parcels that meet the criteria identified above will be required to demonstrate that the buildings will have a negligible visual impact. An application for a CUP for such a hotel must be accompanied by a visual analysis. The visual analysis must be consistent with the visual analysis prepared with the Environmental Impact Report (EIR) for the SPSP. Hotel Proposed by Serendipity Hospitality. LP The site was previously owned by the City's former Redevelopment Agency. The parcel was created, along with being graded and partially improved, as part of the adjoining Hampton Inn development. The parcels were configured, and the parking lot was created, with the intent of a future sit-down restaurant located on the smaller 1.23-acre parcel. The parking lot that was created for Hampton Inn originally included 214 parking spaces, of which 154 were required for Hampton Inn. Of the 214, 50 of the spaces are partially or entirely located on the parcel intended for the restaurant (the Serendipity 2 of99 July 20, 2021, Item #16Hospitality, LP parcel). Following the dissolution of redevelopment agencies statewide that became effective in 2012, the Successor to the Redevelopment Agency eventually sold the site through a public auction to Serendipity Hospitality, LP. Serendipity Hospitality, LP originally presented their proposal for a 55-foot high hotel as part of Predevelopment Conference 19-002, on January 7, 2020. Considering feedback from the City Council and the public, the applicant decided to formally submit an application for the SPA along with the CUP and DR for a revised hotel which reduced the number of hotel rooms (from 61 to 58) and modified the fifth floor to incorporate an equipment well that will eliminate the need to install equipment above the fifth floor. The submitted hotel plans increased the proposed building height from 55 feet to 60 feet. The hotel proposed by Serendipity Hospitality, LP complies with architectural materials and parking requirements identified in the SPSP. The building will meet the required street setbacks, including the SO-foot Scripps Poway Parkway landscape setback. The proposed site plan is included as Attachment E. The existing landscaping mounds on the site used to screen the parking will be kept in place by the proposed hotel. The building uses a variety of materials and colors with differing textures that include high-quality standing seam metal gray siding, brown wood siding accents, light white stucco, and fiber cement panels. The architectural design is further articulated by projecting metal cowls that will be finished with a contrasting dark color that surround a column of windows that face each of the adjoining streets. The elevations for the proposed hotel are included as Attachment F. The hotel will feature 58 rooms along with a rooftop lounge and deck. The hotel will not include a restaurant and the rooftop lounge will not be open to the public. If the rooftop lounge were to be open to the public, additional evaluation of parking would be required. Including parking for a maximum of three employees per shift, the parking requirement is 61 spaces. The applicant has demonstrated that they have access to 50 spaces that are either entirely or partially on-site and that they have a reciprocal access and parking agreement with the Hampton Inn site for the remaining 11 spaces. Visual Analysis A visual analysis prepared for the Project demonstrated that the proposed building would have minimal visual or aesthetic impacts. The analysis showed that the hotel building is surrounded by larger scale buildings that have more mass than the proposed hotel that utilizes a much smaller footprint. To the north of the business park, most of the residential areas are on lower elevations than the business park, which was built on a mesa. The hillsides screen most of the business park from the views of these residential areas. In response to the neighborhood meeting (see below), the visual analysis was amended to include the homes on Sky Mountain Trail that were built on an intermediate ridge directly north of the business park, and these homes have views of the entire business park. Their views will also include the proposed hotel building. The residential areas to the south, in the City of San Diego, are also built at a similar elevation as the business park. The visual analysis included photo-simulations that showed that although the top floors of the hotel will be visible to the south and areas farther north, the hotel building will be much smaller than the bulk of the much larger light industrial and warehouse buildings located in the business park. Photo-simulations from the visual analysis are included as Attachment G. The visual analysis also considered a view of the business park from an adjoining recreational trail and concluded that, the proposed hotel will not have a substantial impact on the trail. The bulk of the hotel will be much smaller than that of surrounding buildings. 3 of99 July 20, 2021, Item #16Story Pole and Neighborhood Meeting Based on feedback from the January 7, 2020, Predevelopment Conference, the applicant constructed a temporary story pole with an orange flag that demonstrated the overall height of the proposed hotel on March 5, 2020. The surveyor's certification of the height of the story pole is included as Attachment H. The story pole was kept on site a minimum of 30 days. On March 24, 2021, a virtual neighborhood meeting was held by the applicant to present their project to the community. There were approximately 20 people in attendance during the meeting in addition to City staff, the architect, and the property owner. Attendees expressed concerns regarding changing the specific plan to allow taller buildings while others recommended that the visual analysis evaluate residential areas farther north (e.g., along Sky Mountain Trail and Twin Peaks Road) and recreational areas such as the South Poway Trail, Twin Peaks, and Sycamore Canyon. One attendee questioned the economic feasibility of the hotel (e.g., will visitors stay there). Another attendee raised concerns related to compatibility with the specific plan and agreements with the Hampton Inn. None of the speakers at the neighborhood meeting mentioned that they could see the story pole with a flag that was placed at the property from their homes. In addition to letters of support provided by the applicant at the January 7, 2020 Predevelopment Conference, the City has received letters opposing the project. Correspondence received for the project is included as Attachment I. Environmental Review: As required under the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) was completed for the project. Studies were submitted relating to traffic and visual impact. A letter was sent to the tribal representatives which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction. The EIS determined that the project would not have a significant effect on the environment. A Negative Declaration (ND) has been prepared. Staff recommends that the City Council adopt the ND and approve the project because there are no significant impacts. The ND is included as Exhibit A of the resolution provided as Attachment A to this report. A Notice of the Availability of the EIS and proposed ND for public review and comment was provided pursuant to the requirements of CEQA. As of the writing of this report, no comments have been received. Any comments that are received will be provided to City Council prior to the public hearing on this matter. Fiscal Impact: Consistent with Council's direction from the February 18, 2020 Council Meeting in which Council discussed including a revenue analysis with proposed projects to help decision making on the projects, staff conducted a revenue analysis for the proposed Serendipity Hotel. Staff looked at the potential ongoing revenues, such as property tax and transient occupancy tax, and excluded one-time revenues, such as transfer taxes. Sales taxes were not analyzed for this project, as data to estimate indirect sales tax benefits from hotel guests is not readily available. The potential project is anticipated to contribute an additional $7,300 in property tax revenues and a little over $213,000 in transient occupancy taxes. Based on staff's analysis, the Serendipity Hotel is projected to bring in roughly $220,000 annually for the City of Poway. 4 of99 Public Notification: A Notice of Public Review Period for a Negative Declaration and Notice for Public Hearing was published in the Poway News Chieftain on Thursday.June 24, 2021. A corrected notice was published on July 1, 2021 in the Poway News Chieftain. A public notice was mailed to property owners and occupants located within the SPSP and within 500 feet of the boundaries of the SPSP. Attachments: A.Resolution approving the Negative Declaration (ND) B.Ordinance approving Specific Plan Amendment 20-002 C.Resolution approving Conditional Use Permit (CUP) 20-004 and Development Review (DR) 20-005 D.Zoning and Location Map E.Site plan F.Elevations G.Visual Analysis Photos H.Certification of Story Pole I.Letters of Support and Opposition Reviewed/ Approved By: Assistant City Manager 5 of 99 Reviewed By: Alan Fenstermacher City Attorney City Manager July 20, 2021, Item #16 July 20, 2021, Item #16RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR SPECIFIC PLAN AMENDMENT 20-002, CONDITIONAL USE PERMIT 20-004, AND DEVELOPMENT REVIEW APPLICATION 20-005, A REQUEST TO AMEND THE SOUTH POWAY SPECIFIC PLAN TO ALLOW HOTEL BUILDINGS TO CONTAIN FIVE STORIES WITHIN A 60-FOOT HEIGHT ALLOWANCE AND CONSTRUCT AND OPERATE A FIVE STORY HOTEL AT 14082 STOWE DRIVE, ASSESSOR'S PARCEL NUMBER 323-481-19 WHEREAS, on July 30, 1985, an Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the adoption of the South Poway Specific Plan (SPSP), was certified, and the Final Subsequent EIR was certified on July 26, 1988. The SPSP EIR analyzed the potential impacts of the proposed build-out of the SPSP area in the manner permitted by the Specific Plan; WHEREAS, an Environmental Initial Study (EIS) was completed for the project, as required under the California Environmental Quality Act (CEQA). Studies were submitted relating to traffic and visual impact. A letter was sent to the tribal representatives which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction. The EIS determined that the project would not have a significant effect on the environment. A Notice of the Availability of the EIS and proposed Negative Declaration (ND) for public review and comment was provided pursuant to the requirements of CEQA; WHEREAS, the City Council considered Specific Plan Amendment (SPA) 20-002, Conditional Use Permit (CUP) 20-004 and Development Review Application (DR) 20-005 for a request to amend the SPSP to allow hotel buildings to contain five stories within a 60-foot height allowance when it can be demonstrated that the hotel building will have a negligible visual impact, and allow the construction and operation of a five story hotel at 14082 Stowe Drive; WHEREAS, on July 20, 2021, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered 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 CEQA, an EIS and a proposed ND have been prepared for SPA 20-002, CUP 20-004, and DR 20-005 involving an amendment to the height requirements for hotel building in the SPSP and the construction and operation of a five-story hotel at 14082 Stowe Drive. The City Council has considered the EIS and ND, and public comments received on the EIS and ND. The subject EIS and ND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment. The City Council hereby adopts the ND included as Exhibit A. 6 of99 ATTACHMENT A July 20, 2021, Item #16Resolution No. 21-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 7 of99 July 20, 2021, Item #16STEVE V AUS, Mayor BARRY LEONARD, Deputy Mayor DA VE GROSCH, Councilmember CA YLIN FRANK, Councilmember JOHN MULLIN, Councilmember CITY OF POWAY EXHIBIT A CITY OF POWAY NEGATIVE DECLARATION 1. Name and Address of Applicant: Serendipity Hospitality LP, 3830 Valley Centre Drive #705, San Diego, CA 92130 2. Project Name and Brief Description of Project: Serendipity Hotel; Environmental Assessment, Specific Plan Amendment (SPA) 20-002, Conditional Use Permit (CUP) 20-004 and Development Review (DR) 20-005: A proposal to amend the South Poway Specific Plan to allow hotel buildings to contain five stories and be subject to a 60-foot height limit on parcels that: a) have a land use designation of South Poway Commercial (SPC); b) are less than two acres; c) are adjacent to Scripps-Poway Parkway, between Community Road and Danielson Street; d) and demonstrate the proposed building will have negligible visual impacts. The proposal includes the construction and operation of a five-story, 59-foot tall, 34,899 square-foot hotel at a vacant lot located at 14082 Stowe Drive, APN 323-481-19, in the SPC land use designation. 3. In accordance with Resolution 83-084 of the City of Poway, implementing the California Environmental Quality Act of 1970, the City of Poway City Council has found that the above project will not have a significant effect upon the environment and has approved a Negative Declaration. An Environmental Impact Report will not be required. 4. This Negative Declaration is comprised of this form along with the Environmental Initial Study that includes the Initial Study and Checklist. 5. The decision of the City Council of the City of Poway is final. Contact Person: Scott Nespor Phone: (858) 668-4656 Attachments: 1. Environmental Initial Study City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org July 20, 2021, Item #16A. INTRODUCTION ATTACHMENT 1 CITY OF POWAY ENVIRONMENTAL INITIAL STUDY AND CHECKLIST This Environmental Initial Study and Checklist, along with information contained in the public record, comprise the environmental documentation for the proposed project as described below pursuant to the requirements of the California Environmental Quality Act (CEQA). Based upon the information contained herein and in the public record, the City of Poway has prepared Mitigated Negative Declaration for the proposed project. 8. PROJECT INFORMATION 1. Project Title: Serendipity Hotel, Environmental Assessment, Specific Plan Amendment (SPA) 20-002, Conditional Use Permit (CUP) 20-004 and Development Review (DR) 20-005 2. Lead Agency Name and Address: __ C_it __ y_o_f_P_o_w_a __ y.._, D_ev_e_lo ...... P..._m_e_nt_S_e_rv_ic_e_s ____ _ 13325 Civic Center Drive, Poway, CA 92064 3. Contact Person and Phone Number: Scott Nespor, Associate Planner, (858) 668-4656 4. Project Location: The South Poway Business Park; the hotel is proposed on a vacant lot at 14082 Stowe Drive, APN 323-481-19 5. Project Sponsor's Name and Address: Serendipity Hospitality LP, 3830 Valley Centre Drive #705, San Diego, CA 92130 6. General Plan Designation: South Poway Commercial (SPC) 7. Zoning: Planned Community (PC) 8. Description of Project: This is a request to amend the South Poway Specific Plan to allow hotel buildings to contain five stories and be subject to a 60-foot height limit on parcels that: a) have a land use designation of SPC; b) are less than two acres; c) are adjacent to Scripps-Poway Parkway, between Community Road and Danielson Street; and d) demonstrate the proposed building will have negligible visual impacts. The proposal includes the construction and operation of a 59-foot high, five-story, 34,899 square-foot hotel. The project includes grading, utility installations, and landscaping. 9. Surrounding Land Uses and Setting: The South Poway Specific Plan includes the area known as the South Poway Business Park, which is located in the southerly most portion of the City of Poway. The Business Park includes industrial, warehousing, distribution, and retail uses. The Business Park is located along the north and south sides of Scripps Poway Parkway, approximately 8 miles east of Interstate 15, and two miles west of State Route 67. The Business Park is surrounded by residential to the east, south, and north. Large undeveloped open space is located to the east, north, and south. Residential and commercial uses are located to the west. The proposed hotel's parcel is located on the northeast corner of Scripps Poway Parkway and Stowe Drive. The site was previously graded and developed with parking and landscape. To the 9 of99 1 July 20, 2021, Item #16EIS and Checklist immediate east of this parcel is an existing hotel building. Further east. south and north are light industrial and office buildings. West of this parcel is a small commercial center. 10. Other public agencies whose approval is required (e.g.: permits, financing approval, or participation agreement): None 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? In accordance with Government Code Sections 65352.3 and 65342.4 and Public Resources Code Section 21080.3.1, the City of Poway, as Lead Agency, sent a letter to the Tribal Representatives notifying the tribes identified by the Native American Heritage Commission (NAHC) of the proposed project in accordance with AB 52 and SB 18. The City received a response from the Viejas Band of Kumeyaay Indians and the San Pasqual Band of Mission Indians tribes, which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction. Responses to the AB 52 and SB 18 consultation notices were received as discussed in this document. NOTE: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission's Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality. 10 of 99 2 July 20, 2021, Item #16EIS and Checklist Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. D Aesthetics D Agricultural /Forestry D Air Quality D Biological Resource Resources D Energy D Greenhouse Gas Emissions D Cultural Resources D Geology /Soils D Land Use and Planning D Hazards/Hazardous Materials D Hydrology I Water D Population and Housing D Mineral Resources Quality D Transportation D Public Services D Noise D Mandatory Findings of D Tribal Cultural Resources D Recreation Significance □ Wildfire D Utilities and Service Systems Determination (To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment ~ and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, □ there will not be a significant effect in this case as revisions in the project have been made by or agreed to by the project proponent and/or mitigation has been agreed to. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an □ ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed MAY have a "potentially significant impact" or "potentially significant □ unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, □ because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Scott N espor June 9 2021 City of Poway Date 11 of 99 3 July 20, 2021, Item #16EIS and Checklist C. EIS and Checklist I. a. b. C. d. II. ISSUE AESTHETICS. Except as provided in Public Code Section 21099, would the project: Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic hiQhwav? In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other reQulations ooverninQ scenic quality? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? AGRICULTURAL AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the 12 of 99 POTENTIALLY POTENTIALLY SIGNIFICANT SIGNIFICANT UNLESS IMPACT MITIGATION INCORPORATED 4 LESS THAN NO SIGNIFICANT IMPACT IMPACT X X -X X X July 20, 2021, Item #16EIS and Checklist ISSUE state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a. Convert prime farmland, unique farmland, or farmland of statewide importance (farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? C. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d. Result in the loss of forest land or conversion of forest land to non-forest land? e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to non-agricultural use or conversion of forest land to non-forest use? Ill. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: 13 of 99 POTENTIALLY POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT MITIGATION IMPACT IMPACT INCORPORATED X X X X X 5 July 20, 2021, Item #16EIS and Checklist POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED a. Conflict with or obstruct implementation of the applicable air X quality plan? b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-X attainment under an applicable federal or state ambient air quality standard? C. Expose sensitive receptors to X substantial pollutant concentrations? d. Result in other emissions (such as those leading to odors adversely X affecting a substantial number of • • I ? IV. BIOLOGICAL RESOURCES. Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or X regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, X regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, X vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or X with established native resident migratory wildlife corridors, or 14 of 99 6 July 20, 2021, Item #16EIS and Checklist ISSUE impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation • I ? V. CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? C. Disturb any human remains, including those interred outside of dedicated cemeteries? VI. ENERGY. Would the project: a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? VII.GEOLOGY AND SOILS. Would the project: a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: I) Rupture of a known earthquake fault, as delineated on the most 15 of 99 POTENTIALLY POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED X X X X X X X X 7 July 20, 2021, Item #16EIS and Checklist POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, X including liquefaction? iv) Landslides? X b. Result in substantial soil erosion or X the loss of topsoil? C. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the X project, and potentially result in on-or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-8 of the Uniform Building Code (1994), X creating substantial direct or indirect risk to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal X systems where sewers are not available for the disposal of wastewater? f. Directly or indirectly destroy a unique paleontological resource or site or X unique geologic feature? 16 of 99 8 July 20, 2021, Item #16EIS and Checklist VIII. GREENHOUSE GAS EMISSIONS. Would the project: a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of • h ? • IX. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one-quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working within the project area f. Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan? g. Expose people or structures either directly or indirectly, to a significant 17 of 99 X X X X X X X X X 9 July 20, 2021, Item #16EIS and Checklist risk of loss, injury or death involving wildland fires? X. HYDROLOGY AND WATER QUALITY. Would the project: a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or round water ualit ? b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: (i) result in substantial erosion or siltation on-or offsite? (ii) substantially increase the rate or amount of surface runoff in a matter which would result in floodin on-or offsite; (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of olluted runoff; or d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to ro·ect inundation? e. Conflict with or obstruct implementation of a water quality control plan or sustainable roundwater mana ement Ian? 18 of 99 -X X X X X X X X X 10 July 20, 2021, Item #16EIS and Checklist XI. LAND USE AND PLANNING. Would the project: a. Physically divide an established community? b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? XII. MINERAL RESOURCES. Would the project: a. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other I d I ? • XIII. NOISE. Would the project result in: a. Generation of a substantial temporary or permanent increase in ambient, noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Generation of, excessive ground borne vibration or ground borne noise levels? C. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XIV. POPULATION AND HOUSING. Would the project: a. Induce substantial unplanned population growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through 19 of 99 X X X X X X X X 11 July 20, 2021, Item #16EIS and Checklist extension of roads or other infrastructure)? b. Displace substantial numbers of existing people or housing, necessitating the construction of re lacement housin elsewhere? a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the ublic services. a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse h sical effect on the environment? a. Conflict with program plan, ordinance or policy addressing the circulation system, including transit, roadway, bic cle and edestrian facilities? b. Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision b ? C. Substantially increase hazards due to a geometric design feature (e.g.: shar curves or dan erous 20 of 99 X X X X X X 12 July 20, 2021, Item #16EIS and Checklist intersections) or incompatible uses (e.Q.: farm equipment)? d. Result in inadequate emergency access? XVIII. TRIBAL CULTURAL RESOURCES a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. XIX. UTILITIES AND SERVICE SYSTEMS. Would the project: a. Require or result in the relocation or construction of new or expanded water wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause siqnificant environmental effects? 21 of 99 X X X X 13 July 20, 2021, Item #16EIS and Checklist b. Have sufficient water supplies available to serve the project and reasonably foreseeable future X development during normal, dry and multiple dry years? C. Result in the determination by the wastewater treatment provider, which serves or may serve the project, that it has adequate capacity X to serve the project's projected demand in addition to the provider's existing commitments? d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local X infrastructure, or otherwise impair the attainment of solid waste reduction goals? e. Comply with federal, state and local management and reduction statutes X and regulations related to solid waste? XX. WILDFIRE If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a. Substantially impair an adopted emergency response plan or X emergency evacuation plan? b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project X occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? C. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, X power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, X as a result of runoff, post-fire slope instability, or drainage changes? 22 of 99 14 July 20, 2021, Item #16EIS and Checklist XXI. MANDATORY FINDINGS OF SIGNIFICANCE a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to X eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples or the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulative considerable" means that the incremental effects of a X project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? C. Does the project have environmental effects which will cause substantial X adverse effects on human beings either directly or indirectly? 23 of 99 15 July 20, 2021, Item #16EIS and Checklist D. DISCUSSION OF ENVIRONMENTAL EVALUATION Please refer to the Environmental Initial Study Checklist Form above when reading the following evaluation. I. AESTHETICS: a. Less than Significant Impact. The Project would not result in substantial adverse effects to any scenic vistas. Although the City does not specifically designate scenic vistas, the City is surrounded by coastal foothills. Mount Woodson and Iron Mountain are along the City's eastern boundary. To the distant east are the Cuyamaca Mountains and to the distant north is Palomar Mountain which is occasionally visible on days with clear visibility. The Project includes an amendment to the South Poway Specific Plan to modify the development standards for hotel buildings to have a 60-foot height limit and contain no more than five stories. Hotels are limited to sites designated South Poway Commercial (SPC) and, if over 35-feet tall, they would need to be adjacent to Scripps Poway Parkway and between Community Road and Kirkham Road. Hotel buildings exceeding 35-feet in overall height would be required to demonstrate that there is a negligible visual impact on adjoining areas as part of a Conditional Use Permit (CUP) review. The Project also includes a proposal to construct and operate a hotel that will be 59.33-feet tall and contain five stories. The visual analysis showed that because of the distance of the business park to adjoining residential areas, that the viewshed of distant foothills and mountains would have a negligible impact by the Project. The relative small footprint of the proposed 59.33-foot tall hotel building will have negligible impacts on the viewshed of adjoining commercial and adjoining buildings. b. No Impact. The project site is not located in the vicinity of any State scenic highway, the proposed project would not damage any scenic resources within a State scenic highway. No impact would occur. c. Less Than Significant Impact. The Project includes the construction and operation of a five-story hotel with an overall height of 59.33-feet located at 14082 Stowe Drive. A visual analysis prepared for the Project demonstrated that the proposed building will have minimal visual or aesthetic impacts. The analysis showed that the hotel building is surrounded by larger scale buildings that have more mass than the proposed hotel that utilizes a relatively much smaller footprint. To the north, most of the residential areas are on lower elevations than the business park, which was built on a mesa. The hillsides screen most of the business park from the views of these residential areas. The homes on Sky Mountain Trail were built on an intermediate ridge directly north of the business park, and these homes have views of the entire business park. Their views will also include the proposed hotel building. The residential areas to the south are also built at a similar elevation as the business park. The visual analysis included 24 of 99 16 July 20, 2021, Item #16EIS and Checklist photo-simulations that showed that although the top floors of the hotel will be visible to the south and areas farther north, the hotel building will be much smaller than the bulk of the much larger light industrial and warehouse buildings located in the business park. Future hotel buildings will need to perform a visual analysis to determine a negligible impact on the viewsheds of adjoining residential areas. d. Less Than Significant Impact. The proposed hotel site is currently vacant and located within an existing business park. The building will include installation of exterior lighting. All building lights will need to meet standards for exterior lighting in South Poway Specific Plan. II. AGRICULTURAL AND FORESTRY_RESOURCES: a. No Impact. The proposed hotel site was previously graded for a building pad and parking lot. Thus, the project would not result in the conversion of Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-agricultural uses. No impact would occur. b. No Impact. The proposed hotel site is not being used for agricultural production and does not contain Williamson Act contract land. No impact would occur. c. No Impact. The proposed hotel site does not contain, and is not zoned for, forest land, timberland or timberland zoned Timberland Production. No impact would occur. d. No Impact. As stated in response 11.c, the proposed hotel site is not located in an area containing forest land. Accordingly, the project would not convert any forest land to non-forest use, and no impact would occur. e. No Impact. The Project would not directly impact agriculture or forest lands, nor introduce new elements into the landscape that would contribute to future conversion of agricultural use to non-agricultural use or forest land to non-forest use. No impact would occur. Ill. AIR QUALITY: 25 of 99 a. No Impact. The City of Poway is part of the San Diego Air Basin and air quality in the area is administered by the San Diego County Air Pollution Control District (APCD). An air quality management plan (AQMP) describes air pollution control strategies to be taken by a City, County or region classified as a non-attainment area to meet the Clean Air Act (CAA) requirements. The main purpose of an AQMP is to bring the area into compliance with the requirements of federal and state air quality standards, and to coordinate regional and local governmental agencies to achieve air quality improvement goals. A San Diego Regional Air Quality Strategies Plan -1994 0ointly developed by the Air Pollution Control District and the San Diego Association of Governments-SANDAG) exists for the San Diego area and provides strategies for pollution control to improve air quality in the region. Land use plans and build out projections of the General Plans of 17 July 20, 2021, Item #16EIS and Checklist 26 of 99 jurisdictions within the San Diego area were considered in establishing the strategies of the Regional Air Quality Strategies Plan. The Poway General Plan includes strategies that are directed toward reducing air emissions through land use patterns, transportation planning, regional agency cooperation, energy conservation, and construction. The project is consistent with the Poway General Plan strategies, in that the General Plan envisioned this type of development on the project site, therefore it is also consistent with the San Diego Regional Air Quality Strategies Plan. No impact would occur. b. No Impact. See response Ill.a above. c. No Impact. Grading of the project will likely result in the creation of dust and can affect the surrounding area. Standard City best management practice requirements include implementation of dust control measures and the operations are subject to San Diego Air Pollution Control District standards. No impacts would occur. d. No Impact. The project will not result in the creation of objectionable odor. No impact would occur. 18 July 20, 2021, Item #16EIS and Checklist 1v.· BIOLOGICAL RESOURCES: a. No Impact. The proposed hotel site was previously graded for a building pad and parking lot. Thus, the project would not result in an impact to native habitat or biological resources. b. No Impact. See IV.a. c. No Impact. The proposed hotel site and adjoining areas do not contain any wetlands. No impact would occur. d. No Impact. See IV.a. e. No Impact. See IV.a. f. No Impact. See IV.a. V. CULTURAL RESOURCES: a. No Impact. The proposed hotel site was previously graded to create a building pad and a parking lot and does not contain any historical resources. No impact would occur. b. No Impact. The proposed hotel site was previously graded to create a building pad and a parking lot and does not contain any archeological resources. No impact would occur. c. No Impact. See V.b. VI. ENERGY 27 of 99 a. No Impact. The project involves the construction of a proposed 58-room hotel. Construction of the project would create temporary increased demands for electricity and vehicle fuels compared to existing conditions. Construction of the project would require electricity use to power construction equipment. Electricity use during construction would vary during different phases of construction. The majority of construction equipment would be gas powered. Adequate electrical infrastructure capacity is available to accommodate the electricity demand during construction. There is sufficient electricity infrastructure in the region for the increase in electricity demand by the proposed hotel and the project would not require expanded electricity supplies. Therefore, there would be no impacts from energy use during short-term construction activities of the proposed hotel and subsequent use of the property. b. No impact. Title 24 of the California Code of Regulations contains energy efficiency standards for residential and nonresidential buildings based on a state mandate to reduce California's energy demand. Specifically, Title 24 addresses a number of energy efficiency measures that impact energy used for lighting, water heating, heating, and air conditioning, including the energy impact of the building envelope such as windows, doors, skylights, wall/floor/ceiling 19 July 20, 2021, Item #16EIS and Checklist assemblies, attics, and roofs. Part 6 of Title 24 specifically establishes energy efficiency standards for residential and non-residential buildings constructed in the State of California in order to reduce energy demand and consumption. The proposed project would comply with Title 24, Part 6, per state regulations. In accordance with Title 24 Part 6, the proposed project would have: (a) sensor-based lighting controls-for fixtures located near windows, the lighting would be adjusted by taking advantage of available natural light; and, (b) efficient process equipment-improved technology offers significant savings through more efficient processing equipment. Title 24, Part 11, contains voluntary and mandatory energy measures that are applicable to the proposed project under the CALGreen Code. In accordance with Title 24, Part 11, mandatory compliance, the applicant would have: (a) 50 percent of its construction and demolition waste diverted from landfills; (b) mandatory inspections of energy systems to ensure optimal working efficiency; ( c) low pollutant-emitting exterior and interior finish materials, such as paints, carpets, vinyl flooring, and particle boards; and, (d) a 20 percent reduction in indoor water use. Compliance with all of these mandatory measures would decrease the consumption of electricity, natural gas, and petroleum. Because the proposed project would comply with Title 24, Part 6 and Part 11, no conflict with existing energy standards and regulations would occur. Therefore, no impacts would occur. VII. GEOLOGY AND SOILS: 28 of 99 a.i) No Impact. No active known faults traverse the project site or are near the site. The nearest known fault is an unnamed fault located approximately three miles west of the project site. Murphy Canyon Fault is the nearest main southern California fault, located approximately ten miles southwest of the project site. Three major fault systems within the project vicinity include the Elsinore, San Jacinto and Rose Canyon faults. The active Elsinore fault trends northwest and is about 22 miles northeast of Poway. The San Jacinto fault is also an active northwest-trending fault about 45 miles northeast of Poway. The Rose Canyon fault is located about 16 to 20 miles west of Poway in the Pacific Ocean and is considered potentially active. There is potential for some local damage in the event of a major earthquake along one of these fault systems which could result in significant impacts to project facilities. While the potential for on-site rupture cannot be completely discounted (e.g. unmapped faults could conceivably underlie the site), the likelihood for such an occurrence is considered low due to the absence of known faulting within or adjacent to the site. No impact would occur. a.ii) No Impact. The project site is located in seismically active southern California and is likely to be subjected to moderate to strong seismic ground shaking. Seismic shaking at the site could be generated by events on any number of known active and potentially active faults in the region, including several unnamed faults, larger faults such as Murphy Canyon Fault, and major fault systems such as Elsinore, San Jacinto and Rose Canyon. An earthquake along any of these known active fault zones could result in severe ground shaking and consequently cause injury and/or property damage in the project vicinity. This could potentially result in significant impacts to project facilities. The building will be designed and constructed to incorporate measures to accommodate projected 20 July 20, 2021, Item #16EIS and Checklist seismic loading in compliance with current construction codes. These codes are produced through joint efforts by industry groups to provide standard specifications for engineering and construction activities. They are widely accepted by regulatory authorities and are regularly included in related standards such as municipal building and grading codes, and they include measures to accommodate seismic loading parameters. The residence will be designed and constructed to accommodate projected seismic loading, pursuant to these existing guidelines. No impact would occur. a.iii) No Impact. No impacts resulting from seismically related ground failure would occur. a.iv) No Impact. The project site is not underlain by formations identified as susceptible to seismically induced landslides. No impact would occur. b. No Impact. The proposed hotel site was previously graded to create a building pad and a parking lot. Additional grading activities will comply with City requirements, including implementation of standard erosion control measures, and will not result in substantial soil erosion or the loss of topsoil. No impact would occur. c. No Impact. The project site is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project. The building pad and access for the proposed residence will be graded according to City requirements and fill material which will be compacted in compliance with City standards and inspected for adequacy before the issuance of any building permits. No impact would occur. d. No Impact. Expansive soils change in volume (shrink or swell) due to changes in moisture content of the soil. The buildings will be constructed in accordance with geotechnical recommendations that incorporate California Building Code (CBC) standards, as required by the City of Poway. No impact would occur. e. No Impact. The project site will be served by the public sewer system and will receive final approval prior to building permit issuance. No impact would occur. f. No Impact. The project does not propose any significant ground excavation activities that could affect potentially present and unknown paleontological resources or unique geologic features. Therefore, no impact to paleontological resources would occur. VIII. GREENHOUSE GAS EMISSIONS: 29 of 99 a & b. Less Than Significant Impact. Greenhouse gases (GHG), allow solar radiation (sunlight) into the Earth's atmosphere, but prevent radiative heat from escaping, thus warming the Earth's atmosphere. GHGs are emitted by both natural processes and human activities; and the accumulation of GHGs in the atmosphere regulates the Earth's temperature. Emissions of GHGs in excess of natural ambient concentrations are thought to be responsible for the enhancement of the greenhouse effect and contributing to what is termed "global 21 July 20, 2021, Item #16EIS and Checklist warming." GHG impacts that attributable to this proposed project are emissions associated with construction activities and operations related to traffic and energy use. A trip generation evaluation was prepared for the project that included a comparison to a restaurant, which was originally planned for the site. The trip generation evaluation showed that the proposed 58-room hotel will generate 522 Average Daily Trips (ADT) compared to the 912 ADT for a 5,700 square foot restarant conceptualized for the site as part of the development for the adjoining hotel. Furthermore, the emissions associated with the project will be further reduced to a level that is consistent with the goals of AB 32 to reduce statewide GHG emissions through the implementation mobile source emission regulations, Title 24 energy efficiency requirements, and renewable portfolio standards adopted by the State of California. No impact to cumulatively considerable global climate change would be caused by the proposed project. IX. HAZARDS AND HAZARDOUS MA TE RIALS: a -c. No Impact. The project involves the construction of a proposed hotel building. No transport, storage or use of hazardous materials beyond that which typically occurs with a hotel use will occur. No impact would occur. d. No Impact. The site is not on the established lists of hazardous wastes site. No impact would occur. e. No Impact. The closest airports to the project site are Marine Corps Air Station Miramar, located approximately nine miles southwest of the project site, and Gillespie Field, located approximately eight miles east of the project site. The project site is located within the designated Review Area 2 Airport Influence Area of the Marine Corps Air Station Miramar. According to the Section 2.6.2(a)(2) of the Airport Land Use Commission Policies, the proposed project does not include features that require review by the Airport Land Use Commission. The project site is not located within the influence area of the Gillespie Field. The project would not result in a safety hazard for people residing or working in the project area and no impact would occur. f. No Impact. The project would not impair or physically interfere with an adopted emergency response or evacuation plan. Operation of the project would not interfere with people's ability to utilize roadways for evacuation purposes. No impact would occur. g. No Impact. According to the Very High Fire Hazard Severity Zones (VHFHSZ) map for Poway (CAL FIRE 2009), the project site is not located within the VHFHSZ. X. HYDROLOGY AND WATER QUALITY: 30 of 99 a. No Impact. The project will comply with all storm water quality regulations or waste discharge requirements surface water quality as governed by the State Water Resources Control Board (SWRCB), the County of San Diego, and the 22 July 20, 2021, Item #16EIS and Checklist City of Poway. The project will require a grading permit, a Stormwater Pollution Prevention Plan (SWPPP), and a Storm Water Quality Management Plan (SWQMP), which will be ensured as part of the project improvements plan review and building permit process. The project incorporates stormwater basins and will not violate any water quality standards or waste discharge requirements. No impact would occur. b. No Impact. The project does not propose any construction activities that would directly affect groundwater, contribute to the depletion of groundwater supplies or interfere with groundwater recharge through the installation and use of Storm Water Basin and Low Impact Development (LID) features. No impact would occur. c.i-iv) No Impact. The project has been designed such that there is no change in the direction of existing stormwater runoff on the site. Nor will there be an increase in the amount or rate of storm water runoff beyond which currently occurs. The project will implement LID features and will include the construction of storm water treatment facilities. The stormwater management facilities are required to be maintained throughout the life of the project as outlined in section 16.104 of the Poway Municipal Code. No impact would occur. d. No Impact. The project is not located in a flood hazard, tsunami, or seiche zone that would pose the risk of pollutants being released due to project inundation. No impact would occur. e. No Impact. See X.a and X.b above. No impact would occur. XI. LAND USE AND PLANNING: a. No Impact. The project will not divide an established neighborhood. Therefore, no impact would occur. b. No Impact. The project site is located within the South Poway Specific Plan area with a South Poway Commercial land use designation where hotels are classified as a conditional use. The maximum height for a hotel is 45 feet. The proposed 60-foot tall hotel does not comply with current zoning regulations. However, the existing 45-foot height maximum was not adopted to mitigate an environmental impact. A Specific Plan Amendment is proposed that would allow hotels to have a maximum height of 60 feet. If the Specific Plan Amendment is approved, the proposed hotel would be consistent with height regulations. Therefore, no impact would occur. XII. MINERAL RESOURCES: 31 of 99 a & b. No Impact. Pursuant to the City of Poway Master Environmental Assessment prepared in conjunction with the update to the Poway General Plan in 1991, there are no known mineral resources on the site. Therefore, no impacts would occur. 23 July 20, 2021, Item #16EIS and Checklist XIII. NOISE: a. Less Than Significant Impact. Noise from the project will be that which is typical of other commercial uses in the area and will not impact adjacent uses. The project construction activities will result in temporary or periodic increases in noise level and type typical for the neighborhood. Per City standards, the noise generating construction activities are limited to certain times of the day and days of the week. Impact are less than significant b. Less Than Significant Impact. The project grading and construction activities may result in temporary or periodic increases in the generation of excessive ground borne vibration or ground borne noise levels typically related to construction. However, considering that noise generating construction activities per City codes are limited to certain times of the day and days of the week, the impact would be less than significant impact could occur. b. No Impact. The closest airports to the project site are Marine Corps Air Station Miramar, located approximately nine miles southwest of the project site, and Gillespie Field, located approximately eight miles east of the project site. Thus, operation of the project would not result in a noise hazard for people working in the project area and no impact would occur. XIV. POPULATION AND HOUSING: a & b. No Impact. The project will not induce growth indirectly as it will be serviced by existing infrastructure within the project vicinity. Additionally, no people or housing will be displaced as the site is currently vacant. Therefore, no impact would occur. XV. PUBLIC SERVICES: 32 of 99 a. i. Fire Protection -No Impact. The project site is served by the City of Poway Fire Department. The incremental increase in potential for an unexpected emergency call to this project can be accounted for as the site is already included within the Fire Department service area. No new or upgraded fire protection facilities would be required as a result of this project and no physical impacts resulting from construction of new facilities are identified. Less than significant impact would occur. a.ii. Police Protection -No Impact. The City of Poway contracts with the San Diego County Sheriff's Department for law enforcement services. The project site is currently served by the Poway Station, which is located at 13100 Bowron Road. The site is included within the Sheriff's service area. Any specific service provided that should be an (unexpected) emergency call to the site is accounted for. No new or upgraded police protection facilities would be required as a result of establishment of this project and no physical impacts resulting from construction of new facilities and increase in preschool student count are identified. A less than significant impact would occur. 24 July 20, 2021, Item #16EIS and Checklist a.iii. Schools -No Impact. The proposed hotel will not generate the need for additional school facilities. No impact would occur. a.iv. Parks -No Impact. The proposed hotel will not generate the need for additional park space. No impact would occur. a.v. Other Public Facilities -No Impact. The project would not result in new or physically altered public facilities. The project will be connected to an existing water main, sewer mail, and stormwater facilities will be provided on-site. No impact would occur. XVI. RECREATION: a & b. No Impact. The proposed project does not include residential uses. Therefore, no impact will occur. XVII. TRANSPORTATION: a. No Impact. The construction of the proposed hotel would not be in conflict with program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. No impact will occur. b. No Impact. A trip generation evaluation was prepared for the project that included a comparison to a restaurant, which was originally planned for the site. The trip generation evaluation showed that the proposed 58-room hotel will generate 522 Average Daily Trips (ADT) compared to the 912 ADT for a 5,700 square-foot restaurant conceptualized for the site as part of the development for the adjoining hotel. The proposed project would cause less than a significant transportation impact. No impact will occur. c. No Impact. The proposed project would not affect the design of streets. The existing driveway will be used as access to the site. No impact will occur. d. No Impact. The project will not result in inadequate emergency access as the site will be accessed via the existing driveway from the public street. The project will provide for an appropriate turn-around for emergency vehicles. No impact will occur. XVIII. TRIBAL CULTURAL RESOURCES: 33 of 99 a.i) No Impact. The project site is not on a "Local register of historical resources" and is not officially designated or recognized as historically significant by the City of Poway. No impact would occur. a.ii) No Impact. See V.b and V.c. In accordance with Government Codes Sections 65352.3 and 65342.4 and Public Resources Code Section 21080.3.1, the City of Poway, as Lead Agency, sent a letter to the Tribal Representatives notifying the tribes identified by the Native American Heritage Commission (NAHC) of the proposed project in 25 July 20, 2021, Item #16EIS and Checklist 34 of 99 accordance with AB 52 and SB 18. The City received a response from the Viejas Band of Kumeyaay Indians and the San Pasqual Band of Mission Indians tribes, which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction. Responses to the AB 52 and SB 18 consultation notices were received and tribal representatives requested a cultural monitor be present during any ground disturbing activities. Monitoring requirements are incorporated into the project. 26 July 20, 2021, Item #16EIS and Checklist XX. UTILITIES AND SERVICE SYSTEMS: a. No Impact. The proposed project, construction of a proposed hotel, will not impact an adopted emergency response plan or emergency evacuation plan. Therefore, no impact would occur. b. No Impact. The resulting increased water use from the addition of proposed hotel would be considered insignificant. The project will be served by the City of Poway which has a sufficient water supply available to serve this project. No impact would occur. c. No Impact. The proposed hotel would result in an insignificant increase in wastewater generation. The project includes on-site stormwater treatment facilities and will be served by a new connection to the wastewater system. The City of San Diego treatment plant has adequate capacity to treat the incremental wastewater generated by the project. No impact would occur. d. No Impact. Construction of the proposed project would result in the generation of solid waste such as scrap lumber, concrete, residual wastes, packing materials, and plastics. The project would be required to dispose of such materials according to a Construction Waste Management Plan. The use of the proposed hotel will result in the incremental generation of solid waste which can be handled by EDCO who currently is contracted with the City of Poway to provide waste management services, including solid waste collection and disposal as well as sorting of recyclables. The solid waste generated by the project is not anticipated to significantly impact the life expectancy of the landfill that serves the city. Therefore, no impact would occur. e. No Impact. This project will be required to comply with and meet all applicable federal, state, and local statutes and regulations regarding solid waste collection and disposal. The facility will appropriately separate its waste so that recyclable waste is separated from landfill trash in accordance with the City's waste reduction and recycling program. Therefore, no impact would occur. XXI. WILDFIRE: 35 of 99 a. No Impact. See Section XV.a.i. (Public Services -Fire Protection). b. No Impact. The proposed development would use required materials and construction methods to address wildfire exposure and meet other construction standards for development established by the California Building Code and related City of Poway amendments. Accordingly, the exposure of pollutant concentrations for a wildfire or the uncontrolled spread of wildfire on project occupants will be less than significant. c. No Impact. Powerlines and other utilities for the project are placed underground. Therefore, the project will have less than a significant impact on fire risk and temporary or ongoing impacts to the environment. 27 July 20, 2021, Item #16EIS and Checklist d. No Impact. The proposed hotel will be placed on a building pad that will be modified per an approved grading plan that includes verification of soil compaction and installation of on-site stormwater treatment facilities based on-site-and project-specific conditions. Therefore, the proposed project will result in less than significant risk and impact related to downslope or downstream flooding or landslides as a result of runoff, post-fire slope instability, or drainage changes. XXII. MANDATORY FINDING OF SIGNIFICANCE: 36 of 99 a. No Impact. The project does not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples or the major periods of California history or prehistory. b. & c. No Impact. The project, considered cumulatively with past and future projects, will not result in significant impacts. The project, as well as past projects and future projects have or will comply with the land use and density limitations of the City's General Plan. Infrastructure and services per the General Plan, are in place or are planned and will be provided to accommodate future growth. The project would not have any environmental effects which will cause substantial adverse effects on human beings either directly or indirectly. 28 July 20, 2021, Item #16ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT 20-002 TO THE SOUTH POWAY SPECIFIC PLAN TO ALLOW HOTEL BUILDINGS TO CONTAIN A MAXIMUM OF FIVE STORIES WITHIN A 60-FOOT HEIGHT ALLOWANCE WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development Code) of the Poway Municipal Code provides the requirements for the initiation, preparation, and adoption of Specific Plans in accordance with Section 65450, et seq. of the California Government Code (Article 8, Specific Plan); WHEREAS, Specific Plan Amendment (SPA) 20-002, is a proposal to allow hotel buildings to contain a maximum of five stories within a 60-foot height allowance. It is proposed in association with Conditional Use Permit (CUP) 20-004 and Development Review (DR) 20-005 which consist of a proposal to allow a 59-foot tall hotel building at 14082 Stowe Drive; WHEREAS, on July 20, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both in favor and against SPA20-002; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: As required under the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) was completed for the project. Studies were submitted relating to traffic and visual impact. A letter was sent to the tribal representatives which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction. The EIS determined that the project would not have a significant effect on the environment. A Notice of the Availability of the EIS and proposed ND for public review and comment was provided pursuant to the requirements of CEQA. SECTION 3: The City Council hereby approves this Ordinance (SPA 20-002), in association with CUP 20-004 and DR 20-005, and amends certain sections of the SPSP as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 4: Chapter 3, Section IV, Subsection B Item 3(d) of the SPSP Volume 2 shall be amended as follows: 37 of 99 3. Height [Excerpt only] d. The maximum height of a hotel or motel shall not exceed 35 feet. No more than three stories shall be contained within the 35-foot height limit. On parcels less than two acres adjacent to Scripps-Poway Parkway, between Community Road and Danielson Street. ATTACHMENT 8 July 20, 2021, Item #16Ordinance No. *** Page 2 the maximum height of a hotel or motel shall not exceed 60 feet where it can be demonstrated that the visual impacts are found to be negligible. SECTION 5: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 6: This Ordinance shall be codified. SECTION 7: All references to the Government Code are inclusive of any amendments that may occur following adoption of this Ordinance. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen ( 15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 20th day of July, 2021, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 3rd day of August, 2021, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 38 of 99 July 20, 2021, Item #16RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 20-004 AND DEVELOPMENT REVIEW 20-005 FOR THE CONSTRUCTION AND OPERATION OF A FIVE STORY AND 59-FOOT TALL HOTEL WITH 58 HOTEL ROOMS LOCATED AT 14082 STOWE DRIVE WITHIN THE SOUTH POWAY COMMERCIAL LAND USE DESIGNATION OF THE SOUTH POWAY SPECIFIC PLAN AREA; ASSESSOR PARCEL NUMBER: 323-481-19 WHEREAS, the City Council considered Conditional Use Permit (CUP) 20-004 and Development Review (DR) 20-005; a proposed 59-foot tall hotel building containing five stories (Project) on property located at 14082 Stowe Drive within the South Poway Commercial (SPC) land use designation of the South Poway Specific Plan (SPSP) area; WHEREAS, on July 20, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to CUP 20-004 and DR 20-005 and associated Specific Plan Amendment (SPA) 20-002; 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: As required under the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) was completed for the project. Studies were submitted relating to traffic and visual impact. A letter was sent to the tribal representatives which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction. The EIS determined that the project would not have a significant effect on the environment. A Notice of the Availability of the EIS and proposed ND for public review and comment was provided pursuant to the requirements of CEQA. SECTION 2: The City Council finds the proposed Project is consistent with the SPSP generally, including the (SPC) land use designation. SECTION 3: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC) (Findings required for a conditional use permit), for CUP 20-004 are made as follows: A. The location, size, design and operating characteristics of the proposed use are in accordance with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations), the General Plan, and the development policies and standards of the City in that hotels are permitted as a conditional use within the SPC zone. The proposed project meets all City development standards. B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the proposed hotel will be located 39 of 99 ATTACHMENT C July 20, 2021, Item #16Resolution No. 21 Page 2 within a new hotel building with all business operations occurring inside the building. Additionally, it has been demonstrated that the project will have access to 61 parking spaces: 50 of which are either completely or partially on-site and 11 of which are on the adjoining parcel at 14068 Stowe Drive, which is allowed under a reciprocal access and parking agreement. C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with the adjacent area in that the proposed 58-room hotel will be in a building that meets the revised allowance for the SPC zone. A visual analysis for the project demonstrated that the building's scale and mass is smaller than that of surrounding warehouse and light industrial buildings and it will not have a significant negative effect. D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use. E. There will not be a harmful effect upon desirable neighborhood characteristics in that the proposed hotel is architecturally compatible with the SPSP guidelines and the building will meet the setbacks and revised height limit for properties designated SPC. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that the parking evaluation demonstrated that the 58-room hotel will generate less vehicle trips than those generated for a restaurant previously considered for the site. G. The site is suitable for the type and intensity of use or development that is proposed in that the required 61 parking spaces which can be accommodated by a combination of parking space found on-site and on the adjoining parcel at 14068 Stowe Drive which will provide 214 parking spaces. H. There will not be significant harmful effects upon environmental quality and natural resources in that the site is fully developed and contains no natural habitat. I. There are no relevant negative impacts of the proposed use that cannot be mitigated. J. That the impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan. K. That the proposed conditional use will comply with each of the applicable provisions of Title 17. SECTION 4: The findings for DR 20-005, in accordance with the Poway Municipal Code (PMC) Chapter 17.52.010 Purpose of Development Review, are made as follows: A. The Project is consistent with the SPSP and the Poway General Plan in that the proposed Project has been designed to comply with all City site development standards. B. The approved Project will not have an adverse aesthetic, health, safety, or architecturally-related impact upon adjoining properties, in that the design of the building for the intended 40 of 99 July 20, 2021, Item #16Resolution No. 21 Page 3 purpose conforms to the criteria of the SPSP Development Standards, and will be compatible with current and future buildings in the vicinity. A visual analysis for the project demonstrated that the building's scale and mass is smaller than that of surrounding warehouse and light industrial buildings and it will not have a significant negative effect. C. The approved Project encourages the orderly and harmonious appearance of structures and property within the City in that the Project, as conditioned, is consistent with the general design standards in the SPSP. SECTION 5: 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. C. In accordance with the Poway General Plan, the Project requires 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 6: The City Council hereby approves DR 20-005, in association with SPA 20-002, as shown on the approved plans incorporated by reference herein as shown on the approved plans stamped as "Exhibit A", and dated July 20, 2021 on file in the Development Services Department except as noted and 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 20-005) 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 plans stamped "Exhibit A", and dated July 20, 2021 on file in the 41 of 99 July 20, 2021, Item #16Resolution No. 21 Page 4 Development Services Department. If actual conditions and details vary from representations, the approved plans must be changed to reflect the existing site conditions and proposed Project details. 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 (PMC Chapter 8.08) requirements that govern construction activity and noise levels. D. Prior to issuance of any permit, the applicant shall (1) submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. E. 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. F. The approval of DR 20-005 does not become effective until the ordinance approving SPA 20-002 is effective. G. Prior to issuance of a Building Permit, the applicant shall obtain approval of a Grading Permit. Compliance with the following conditions is required prior to issuance of the Grading Permit: (Engineering) 1. Submit a precise grading plan for the development of the lot prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100% complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the Poway Municipal Code shall be submitted. The applicant shall pay the grading permit and plan check fee according to the latest adopted master fee schedule. 2. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the grading plan and be appropriately sized for the proposed level of development. 3. A drainage study addressing the impacts of the 100-year storm event prepared by a licensed Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer. 4. Water Quality Control -Design and Construction The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project 42 of 99 July 20, 2021, Item #1643 of 99 Resolution No. 21 Page 5 and will be subject to all City and State requirements. Two copies of a final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. Once the final SWQMP is approved; a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code, and a signed PDF version. b. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in section 16.104 of the Poway Municipal Code. 5. Grading securities shall be posted with the City prior to grading plan approval per section 16.46.080 of the Poway Municipal Code. A minimum cash security of $2,000 is required in all instances. 6. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 7. Following approval of the grading plans, posting of securities and fees, and receipt of four copies of the approved plans, the applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer along with four copies of the approved grading plans. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 8. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 9. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. At a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. (Planning) 10. Label and dimension all surface improvements (e.g., walkways, patios, landscape areas). The grading plan shall indicate the location of the projects required trash enclosure area. The area shall be an adequate size to accommodate recycled material and composting bins in addition to the trash dumpster. 11. A Tree Removal Permit shall be obtained prior to the removal of all existing trees. A July 20, 2021, Item #1644 of 99 Resolution No. 21 Page 6 separate permit is required for trees within the public right-of-way and trees located on private property. The removal of both public and private trees shall conform to Chapter 12.32 (Urban Forestry) Articles II and Ill of the PMC. If the trees are proposed to be removed during the recognized nesting season for birds (February 15 through August 15), a nesting bird survey shall be conducted by a qualified biologist and report the findings in writing to the City. Between February 15 and August 15, removal of trees containing nests shall be delayed until such time as the nest(s) have been abandoned unless the removal can be completed in accordance with California State codes and the Federal Migratory Bird Treaty Act of 1918. 12. Landscape and irrigation on-site and within the right-of-way fronting the property shall be provided in accordance with the SPSP and the Poway Landscape and Irrigation Design Manual. Plans shall be submitted and a minimum of one staff review shall be completed prior to issuance of a grading permit. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, PMC Chapter 17.41, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. The landscape and irrigation plan submittal is a separate submittal from other Project plan check submittals, and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. a. A minimum of one 15-gallon tree, per City specification, shall be provided for every three parking spaces. Tree wells may be used to satisfy the parking lot tree planting requirement. Said trees shall be located to provide shade cover for the vehicles where practical. b. The ratio of 15-gallon trees to 24-inch boxed trees or larger shall be four to one (4:1). c. The plans shall include shrubs to provide screening of the parking areas as seen from adjacent public streets. d. Any landscaped areas within the adjacent Stowe Drive public right-of-way shall be permanently and fully maintained by the owner. The landscaping plan shall incorporate a minimum one 24-inch box tree for every 30 feet of frontage along the public right-of-way. e. All existing irrigation and landscaping within any designated Scripps Poway Parkway Landscape Maintenance District (LMD) shall be protected to the greatest extent possible. Any LMD to be disturbed shall be shown on the landscape plans. These disturbed areas shall be restored per the previously approved landscape plans or proposed revisions shall be part of the landscape plan review. f. Calipers, heights, and spreads at 15-year maturity shall be specified on the landscape plan and shall be to the satisfaction of the Development Services Director. 13. Use of recycled water will be required for on-site landscape and irrigation. Each site July 20, 2021, Item #16Resolution No. 21 Page 7 shall have a designated user supervisor who has attended the San Diego County Water Authority's user supervisor class. The County of San Diego Department of Environmental Health (DEH) will assess fees for the following activities: a. b. C. Site Plan Check Shut Down Test** Title 22 Inspection $400 avg. costs* $320 avg. costs* $ 80 avg. costs* * Based on full cost recovery, actual fee amount may vary. ** Shut down test is required at initial installation and at least every four (4) years intervals on sites with both recycled and potable water. (Public Works) 14. A new recycled water service shall be installed and the existing shared recycled water service with the adjoining parcel that provides irrigation to the parcel shall be vacated. A new landscaping irrigation controller shall be installed on site. The DEH shall review plans for the new irrigation system in addition to the alteration to the existing shared irrigation system with the adjoining parcel. An inspection of all irrigation work will be required with the approved Landscape Plan. Both irrigation systems must be high lined to potable construction meter until complete and a cross-connection test is performed. 15. All existing irrigation and landscaping within any designated Landscape Maintenance District (LMD) and Land Development Association (LOA) areas shall be protected to the greatest extent possible. Any LMD and LOA areas to be disturbed shall be shown on the landscape plans. These disturbed areas shall be restored per the previously approved landscape plans or proposed revisions shall be part of the landscape plan review. H. Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with: 45 of 99 (Engineering) 1. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 2. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 3. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a. Two copies of certification of line and grade for the lot, prepared by the civil July 20, 2021, Item #16engineer of work. Resolution No. 21 Page 8 b. Two copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City. 4. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer, in accordance with the submittal and content requirements listed in the Poway Municipal Code shall be approved. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100% complete at the time of submittal and ready for approval. The applicant shall pay the improvement plan check fees according to the latest adopted master fee schedule. The plan shall include, at a minimum, the following features: a. 8-inch public water main to loop to the existing water main in the parking lot. b. 6-inch fire service and RPDA. 5. A plat and legal description for a minimum 20-foot-wide water easement shall be submitted to accommodate the public water main and fire service on the project site. 6. The applicant shall enter into a Standard Agreement for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for public improvements in accordance with the Poway Municipal Code Section 16.20. 7. The applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at time of permit issuance. (Planning) 46 of 99 8. Trash receptacles shall be enclosed by a six-foot-high masonry wall, with view-obstructing gates, and shall provide an area for recyclable materials and compost bins (SB1383). Enhanced exterior treatments to the trash enclosure shall be provided, and shall be architecturally compatible with the buildings. Locations and exterior treatments shall be subject to approval by the Planning Division. 9. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view, and sound-buffered from adjacent properties and streets as required by the Planning Division. 10. The applicant shall comply with the latest adopted construction related codes, and all other applicable codes and ordinances in effect at the time of Building Permit issuance. 11. The colors and materials on the building shall be consistent with the approved colors on file in the Planning Division. 12. All two-way traffic aisles shall be a minimum of 25-feet wide. 13. All parking spaces shall be double striped. The site plan shall show 214 parking spaces. The minimum dimensions for standard-sized parking stalls shall be eight-foot July 20, 2021, Item #16Resolution No. 21 Page 9 six-inches x 18-foot six-inches per the SPSP. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces, with one van-accessible space. Parking lot lights, wall mounted lights and landscape accent lights shall be required and shielded per the SPSP and PMC standards. Wall-mounted security lights shall only be used on the rear or interior sides of buildings. A photometric analysis shall be provided after lighting installations to restrict light trespass and limit glare onto the adjacent public roads and onto existing neighboring properties to the satisfaction of the Director of Development Services. 14. All parking stalls shall observe a minimum 25-foot setback from the right-of-way. 15. Signs shall be proposed and approved under separate permits. 16. The landscape and irrigation plans on-site and within the right-of-way fronting the property shall be approved in conformance with the City's Landscape and Irrigation Design Manual. 17. School impact fees shall be paid at the rate established at the time of Building Permit Issuance. Please contact the Poway Unified School District for the latest fee information. (Building) 18. The plans shall comply with the current addition of the California Building Code, Electrical Code, Mechanical Code, Plumbing Code and Title 24 at date of submittal to the Building Division for review. I. Compliance with the following conditions is required prior to occupancy and release of securities: (Engineering) 1. The stormwater facilities shall be complete and operational prior to occupancy. 2. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy. 3. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 4. All utility services shall be installed and completed by the property owner, and inspected and approved by the Engineering Inspector. All new utility services shall be placed underground. 5. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. 6. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering 47 of 99 July 20, 2021, Item #16Inspector. Resolution No. 21 Page 10 7. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project. 8. The applicant must complete upgrades of all driveways as shown on the site plan to be ADA complaint. Applicant must be approved for Right-of-Way permit prior to start of construction. 9. After completion of all work, record drawings for both the grading and improvement plans, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.1308 of the Grading Ordinance. Approval of all record drawings is required prior to issuance of occupancy and release of grading and improvement securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended. (Planning) 7. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. 8. Landscaping and irrigation on-site and within the right-of-way fronting the property shall be installed per the approved landscape plans. 9. Prior to any use of the Project site, or business activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Development Services. (Public Works) 10. The existing shared recycled irrigation connection shall be abandoned. Applicant will incur all costs associated with cross-connection testing. New irrigation system shall be highlined with potable water until cross-connection tests are complete and the site is approved to operate recycled water for irrigation. J. Upon occupancy the following conditions of CUP 20-004 shall apply: 1. All landscaped areas on-site and shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. 2. Any fences, walls or signs proposed for this development shall be designed and approved in conformance with the SPSP and to the satisfaction of the Director of Development Services. 3. Uses established on the subject property shall comply with all zoning/SPSP standards applicable to the property for the life of the Project. 48 of 99 July 20, 2021, Item #16Resolution No. 21 Page 11 4. The parking areas and driveways shall be well maintained and kept free from trash and debris. Any damage from any cause shall be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight. 5. Trash receptacles shall be enclosed by a six-foot-high masonry wall with view-obstructing gates. Locations shall be subject to approval by the Planning Division. 6. All parking lot landscaping shall include a minimum of one 15-gallon-size tree for every three spaces. For parking lot islands, a minimum 12-inch-wide walk adjacent to parking stalls shall be provided and separated from vehicular areas by a six-inch-high, six-inch-wide Portland concrete cement curb. 7. All parking spaces shall be double striped. The minimum dimensions for standard parking stalls shall be 8.5' x 18.5'. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces with one van accessible space. A minimum of 61 parking spaces shall be provided by either on-site parking spaces and off-site parking spaces provided by the Reciprocal Access and Parking Agreement with the adjoining parcel located at 14608 Stowe Drive. 8. All two-way traffic aisles shall be a minimum of 25-feet wide. A minimum 25-foot-wide emergency vehicle access shall be provided in accordance with Safety Services Department requirements. 9. Parking lot lighting and security lighting shall comply with Chapter 17.10.150(H) of the PMC. 10. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view, and sound buffered from adjacent properties and streets as required by the Planning Division. No roof appurtenances shall exceed the 60 height limit. 11. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 12. The use of the facility shall be limited to activities described in the application. The fifth-floor lounge and outdoor deck is limited to hotel guests and shall not be operated as a restaurant or drinking establishment that is open to the public. 13. The activities of the facility shall not occur in such a manner as to create adverse impacts on the circulation and parking on surrounding streets. 14. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise and shall comply with noise standards contained in Chapter 8.08 of the PMC. At no time, shall noise from any source exceed the noise standards defined in the PMC. 15. No outdoor storage, display or activities shall occur onsite except through approval of the appropriate permits. 49 of 99 July 20, 2021, Item #16Resolution No. 21 Page 12 K. The following conditions shall be complied with to the satisfaction of the Director of Safety Services: 1. The required fire flow shall be according to Appendix B of the 2019 California Fire Code, and, approved by the City. The water supply may require approved improvement to include the addition of water mains and fire hydrants as determined and approved by the Fire Department. A new fire hydrant may be required based on location of fire service underground and FDC. 2. Prior to the delivery of combustible building material on site, the approved vehicle access, including driveways, for firefighting shall be installed, satisfactorily pass all required tests and approved by the City. All accesses shall be provided within 150-feet of all construction areas. Use of temporary vehicle access for firefighting shall require plan submittal, review and approval by the City. 3. The project shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20-feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. This 20-foot access width is the minimum required for Fire Department emergency access. In most cases, City Engineering standards will be more restricting. The more restrictive standard shall apply. The Fire Chief, pursuant to the City of Poway Municipal Code, shall approve the road surface type. 4. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. 5. The angle of departure and the angle of approach of a fire access roadway shall not exceed seven degrees (12-percent) or as approved by the fire code official. 6. All dead-end fire access roads in excess of 150-feet in length shall be provided with approved provisions that allow emergency apparatus to turn around. 7. The Building shall display the approved numbers and/or addresses 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 Director of Safety Services, and meeting Sheriff Department-ASTREA criteria. 8. The building is required to be equipped with an approved fire sprinkler system according to Poway Municipal Code requirements. The fire sprinkler system shall be designed to meet California Fire Code and NFPA standards. All systems are required to be monitored by a central monitoring company. Backflow valve assemblies with tamper switches shall be monitored. The City Fire Marshal shall approve location of these fire protection devices prior to installation. Two separate plan submittals to the fire department will be required, one for the fire service underground and a second for fire sprinkler design. 9. Fire sprinkler riser(s) shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." SO of 99 July 20, 2021, Item #16Resolution No. 21 Page 13 10 A metal sign with raised letters at least 1 inch (25mm) in size shall be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION or a combination thereof as applicable. 11. The building is required to be equipped with an approved Class 1 automatic wet standpipe fire protection system according to Poway Municipal Code requirements. The standpipe system shall be installed according to NFPA 14. A plan submittal to the fire department is required. 12. A properly licensed contractor shall install an automatic fire alarm system to approved standards according to the Poway Municipal Code. The system shall be installed according to NFPA 72. The fire alarm system shall include: emergency voice/alarm communications, smoke detection, occupant notification, 1 manual fire alarm box (pull station), duct detection, annunciation, 7 sleeping rooms with visible notification. The system shall be completely monitored by a UL listed central station alarm company or proprietary remote station. A plan submittal to the fire department is required. 13. A 'Knox' Security Key Box shall be required for the building at locations determined by the City Fire Marshal. 14. 2A 10BC fire extinguisher(s) are required for office areas every 3,000 square feet and 75 feet of travel distance. 15. At least one elevator installed in the building shall be sized to accommodate a normal hospital gurney. Minimum dimensions for the inside car platform shall meet the "Medical" size standards per the California Building Code. 16. Installation of a fire suppression system in a commercial kitchen hood & duct shall be approved by the Fire Department via a separate plan submittal. 17 Smoke alarms shall be installed to meet the current California Fire Code and California Building Code. 18. Carbon monoxide detectors shall be installed to meet the current California Fire Code and California Building Code. SECTION 7: The approval of CUP 20-004 and DR 20-005 shall expire July 20, 2023, at 5:00 p.m., unless prior to that time a Building Permit has been issued and construction has commenced on the property 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 8: 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. 51 of 99 July 20, 2021, Item #16Resolution No. 21 Page 14 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 52 of 99 July 20, 2021, Item #16TaisaelFPI I I f ! Subject Property: 14082 Stowe Drive i ;------------J I i r----------·--------··--·-·-·-·----------··-----LKirkham-Way---· 53 of 99 City of Poway Zoning / Location Map Items: SPA20-002/CUP20-004/DR20-005 ~ 0 125 250 NORTH ATTACHMENT D July 20, 2021, Item #16I __ L__ [JJ - July 20, 2021, Item #16u, u, 0 -h \.0 \.0 ~ ~ )> n :::c s: m z ~ .,, East Elevation ;1 ! Ii/ ·1~.1!i !I I .1lii :1!'11 :111 \'11' North Elevation Illustrative Building Elevations Poway Boutique Hotel • Poway, Callfornla 'I 7~~ • 1----~- I I l 11 TO~~~~ T.O.P:~~-$· 5TH:;1~ $ 4TH:~~-~- 31j[):t~$ 2ND:i~~-,S EXISTl~~?t~ ·$- 1ST :s\~ $ ro~9~°i~ $ LQP~~:~ $ 5TH:i,~ $ 4TH:9~~·$ 3RD:8L~-$- 2tm:is~•~ .. -.£.~l~TI~~\:~ -~ 1STFLOOR .Ii·•. +873.oo-·· .. I'· ,.J Legend: 1 STUCCO, SAND FINISH 2 THERMALLY MODIFIED LUMBER, ASH 3 PRE-Fl NISHED VERTICAL METAL SIDING 4 PRE-Fl NISHED HORIZONTAL METAL SIDING 5 METAL WINDOW COWL 6 FIBER CEMENT PANEL 7 STOREFRONT, CLEAR ANODIZED I VINYL FRAME WINDOW 9 PERFORATED METAL GUARDRAIL 10WOODPOST 11 BREAK METAL 12 GLASS GUARDRAIL STUDIO E ARCHITECTS ~ OECEMIER2020 N O R T H July 20, 2021, Item #16U1 en 0 ..... U) U) West Elevation South Elevation Illustrative Building Elevations Poway Boutique Hotel • Poway, California ro.;3~~s T.O. P\~~i1 ('j, 5THFLOOR .•. , +918.50 '.,.- 4TH:~~-~ 3RCFLOOR.•·• +Boo.so·_.,. 2NO:k~¼ EXISTl::3/4~ ~ 1sr:i~·~ T.O~Rl~%~ T.O.P:~:~~ 5TH FLOOR~' +918.50 '--• HHFLOOR . .A· +907.50 ... , 3RD:i~s~-,S 2~0.FLOOR..A , . f.885.50 ,,y EXISTl~~i4~~ ~ 1sr:~-.,~~--~ ,.J Legend: STUCCO, SAND FINISH THERMALLY MODIFIED LUMBER, ASH 3 PRE-FINISHED VERTICAL METAL SIDING 4 PRE-FINISHED HORIZONTAL METAL SIDING 5 METAL WINDOW COWL 6 FIBER CEMENT PANEL 7 STOREFRONT, CLEAR ANODIZED I VINYL FRAME WINDOW 9 PERFORATED METAL GUARDRAIL 10 WOOD POST 11 BREAK METAL 12 GLASS GUARDRAIL STUDIO E ARCHITECTS ~ DECEMIER2020 N O R T H July 20, 2021, Item #16u, "' 0 -ti \0 \0 ~ --4 )> ~oway Boutique Hotel iERENDIPITY HOSPITALITY --4 ~ EXHIBIT 1: Visual Analysis Exhibits UPDATED Poway Boutique Hotel • Poway, California STUDIO [ ARCHITECTS 16 APRIL 2021 July 20, 2021, Item #16 July 20, 2021, Item #16~ I I 0 ; J ---'° '° Poway Road Garden Road July 20, 2021, Item #16°' 0 0 -ti \0 \0 North 1000 Viewpoint Profile North Viewpoint 0 ~ 800 _line_of sight ________ _ z af 600 § 400 > ~ 200 1000 2000 3000 4000 5000 Profile Distance (feet) Section A : Viewpoint From Poway Road Proposed Hotel Profile Line: Combination of land terrain and existing buildings 6000 7000 8000 9000 @] July 20, 2021, Item #16m ..Ji. 0 .... \0 \0 Section A : Viewpoint From Poway Road -Existing View (Hotel Not Visible From This Location) 0 July 20, 2021, Item #16°' N 0 -ti \0 \0 0 Northeast Viewpoint 1000 > 800 <{ z f 600 ~---------------------------------- 6 400 1 200 w 1000 2000 3000 Profile Northeast Viewpoint \ine of sigl'lt ------------------------------------------------ - 4000 Profile Distance (feet) Proposed Hotel Profile Line: Combination of land terrain and existing buildings 5000 6000 Section B : Viewpoint From Garden Road Neighborhood -" ..__ 7000 8000 9000 @] July 20, 2021, Item #16°' w 0 ..., \.0 \.0 Section B : Viewpoint From Garden Road Neighborhood -Existing View (Hotel Not Visible From This Location} @] July 20, 2021, Item #160\ .,::a. 0 --ti \0 \0 1000 0 ~ 800 z ]~ 600 g 400 ;;; 200 w Section c Viewpoint 1000 2000 3000 4000 Profile Northwest Viewpoint line of sight 5000 6000 7000 Profile Distance (feet) Section C : Viewpoint From Poway Road at Carriage Heights Way ---------------Building Profile Line: Combination of land terrain and existing buildings 3000 9000 10000 11000 0 July 20, 2021, Item #16O'\ U1 .,. \0 Section C : Viewpoint From Poway Road at Carriage Heights Way -Existing View (Hotel Not Visible From This Location) ~ July 20, 2021, Item #16°' °' 0 ...., \D \D 0 > <( z 1 C 0 ~ w Section D Viewpoint Profile Southwest Viewpoint 1000 line of sight 800 -------------------------------------------------------------------------------- 600 400 200 1000 2000 3000 4000 5000 Profile Distance (feet) Section D : Viewpoint From Merritage Court 6000 7000 Building Profile Line: Combination of land terrain and existing buildings 8000 9000 ~ July 20, 2021, Item #16°' -..J 0 -ti \D \D Section D Adjusted Viewpoint Profile Southwest Adjusted Viewpoint Building 1000 0 > 800 <( =-------------------------------------------------------------------------lineofsight _______________________________________ ~ ----------------------------------------------------------------------------------------------------... --_--___ _ z ~ 600 i5 400 ~ ifi 200 w 1000 2000 3000 4000 5000 Profile Dis ta nee (feet) Section D Adjusted: Viewpoint From Downing Lane 6000 Profile Line: Combination of land terrain and existing buildings 7000 8000 9000 ~ July 20, 2021, Item #16°' 00 0 ...., \0 \0 Section D Adjusted: Viewpoint From Downing Lane Existing View (Hotel Not Visible From This Location) @] July 20, 2021, Item #16m \0 0 -t\ \0 \0 Section E Viewpoint 1000 f soo ·················· .......... ~ .... of .•11!"'............ . ····························································•·•Hdlog z :[! 600 6 400 ;::; ~ 200 w 1000 2000 3000 Profile South Viewpoint 4000 5000 Profile Distance (feet) Section E: Viewpoint From Carowind Lane 6000 7000 8000 9000 ~ July 20, 2021, Item #16-..J 0 0 ..., \0 \0 Section E: Viewpoint From Carowind Lane -Existing View @] July 20, 2021, Item #16-.J -0 -ti \S) \S) Section E: Viewpoint From Carowind Lane -Proposed View ~ July 20, 2021, Item #16-.J N 0 -ti \D \D 0 > <{ z l C 0 ~ ;:;:; 1000 800 600 400 200 Proposed Hotel 1000 2000 3000 Profile Line: Combination of land terrain and existing buildings 4000 Profile Distance (feet) Southeast 5000 6000 Section F : Viewpoint From Sycamore Estates -Big Canyon Lane 7000 8000 9000 ~ July 20, 2021, Item #16-...i w 0 -ti \0 \0 Section F : Viewpoint From Sycamore Estates -Existing View From Big Canyon Lane ~ July 20, 2021, Item #16~ ~ 0 -ti \D \D Proposed Hotel (inside dashed line box) ' ~-. (~·~:· .. ~· ~.~~~~-> "f'~~.;,~:tl>f __, -~...._'!•...:..._,_•e'6-;~~~:~~· !,.• ~ .. ~, •,t~-~;;.; :.;. · ~ ~1-~ .. -- Section F : Viewpoint From Sycamore Estates -Proposed View From Big Canyon Lane ~ July 20, 2021, Item #16m Viewpoint Profile Line July 20, 2021, Item #16"'-J °' 0 ...., ID ID --1000 0 ~ 800 z 1 600 ~ 400 0 1 200 Section Shot l Viewpoint Northeast Viewpoint Along Ridge Building l(,:i~ _of -~i-~~~ ______________ ;;.·:.;,_;_:.;.;.;.,....._.....,_..::,a..__ _____ _.._.__,_._ 1000 2000 3000 Profile Line: Combination of land terrain and existing buildings 4000 Profile Distance (feet) Section G : Viewpoint From Sky Mountain Trail 5000 6000 ~ July 20, 2021, Item #16-..J -..J 0 -tt \0 \0 60' Story Pole With Flag Section G : Viewpoint From Sky Mountain Trail ~ July 20, 2021, Item #1678 of 99 [fil n:s I,., I-C: ·-n:s ..., C: ::::, 0 ~ ~ en E 0 I,., LL ..., C: ·-0 C. 3: Q) > LL C: .2 ..., (.) Q) en July 20, 2021, Item #16-...J U) 0 ...., U) U) 1000 0 ~ 800 z :t: 600 400 9 i 200 0 Section Shot 2 Viewpoint •............................... lln~~(~.ig_~~ 1000 Building 2000 Northwest Viewpoint From Adjacent Recreational Resources 3000 Profile Line: Combination of land terrain and existing buildings .iOOO Profile Distance (feet) Section H : Viewpoint From South Poway Trail 5000 6000 @] July 20, 2021, Item #1680 of 99 co .... I->. co ~ 0 D.. .c: ..., :l 0 V, E 0 .... u. ..., C: ·-0 C. ~ Q) > :c C: .2 ..., 0 Q) V, July 20, 2021, Item #1600 ...l 0 -ti \0 \0 Section H : Viewpoint From South Poway Trail §] July 20, 2021, Item #16March 15, 2021 14082 Stowe Drive Poway, CA 92064 GRANT LINE LAND SURVEYING RE: Story Pole -Poway Boutique Hotel The constructed story pole location and height were surveyed under my direction on March 13, 2021 and is in conformance for location, height and elevation as depicted on the" Story Pole Plan" (Attached) Kevin Nickolas PLS 82 of 99 2278 Carol Ann Drive Tracy, CA 95377 (925) 457-1734 ATTACHMENT H July 20, 2021, Item #1600 w 0 GRADl'IG OOANTTTES """'GIIAOCDAfl£A .................. lt900SF OJT()JMTITES I.S.SCl-0 \0 Fi.i. CIJANT1iCS \t) fll!'OIIT ~CU1001Hl.lfT(IMJE.Rf001fll!ll'Nf0Ffft<P()!LD6'A.fMKij M.tXCVTS:.Cff.RA1X>(1:FIIAX)·ff/A MA.x.ll.Lton11n MAXfU.51oP£RAOO(l:1 l!UX).~/A ;;,s PRO£cr~s ro aPOflT ,as aac r.ws r:r MATr.RIA- FRCM 111IS !1Tr.. N.L E#'ORI .vAJDa..f.l. S1MLL IC~ 1tl" I.EGAl /JISl'OSAI. Silt. T>€ APPIIO>'Al ~ THiS l"fMCf O<n Nl)r Au.OW P'IKX;ns,,o NKJ S,,tit.£ (F 1i£ J«1[1'!AL AU. SUCH AC'l'IWllc""S RCQJl/lf. ,4 SlPA.P.ATE Cc'MYJOW. US£ PCRM'T. fARIMOW Kl.t.M't Mr ~Jf /NJ CCOIKilllG CH.Y l#J DO /tt0r#i/JOC',4{)JJSTWCN[l";(Yi.l'..V,~G(. (H}(/t:QJ'!S, Ol11'1'£5' E)l)5UIIC EASEIICHfS CI)crN£RALU11JfY£A!Dl£!fTPCRStm~MAPHO.IJ,f1Q. (l)EJ.SEIENr FOR PtAI.£ tJ7lJ7£S AKJ IN«JCtJ7ALS CIIIAHTCD TO ~:/,%,:1:~'f:CMXIJ 12/7)/1194 AS fU ,;a. (DcAsatCNTFOiPtJIJUCUTlJ1£SrfRPARCf.l.llJ.P19954, (Dc=;;a;~ r;t)O;J. U1VTES A.'-' DltNN~CC i'CR ~r HM ACa~ wot:ss MD tH~· N4D U1111Y A!"COlm(OOl,/',J,/',l(J!JlASl'l.£1¥() 20C1-Dl1'alJ <TO.R <l),ol-~ f.ASEJEJiT FOR WA10l .'D.'"-CfS' .9I0'1N PCR l)l(;!lk»-~7 (DlASLM:hr ro 11£. 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(6/i) 1"-JU4 ,,.,,_. __ SCAl.£: ,~-20· N◊,.; OJ 0[C£M8'.R 2020 STORY POLE PLAN July 20, 2021, Item #16Scott Nespor From: Sent: To: Subject: Gaines Perryman <gperryman68@gmail.com> Thursday, March 25, 2021 3:30 PM Scott Nespor Re: Proposed Hotel Thank you for your response. Upon closer inspection of the flagpole, we determined that it is not the flagpole in question. You may delete our erroneous observation from the project file. For future reference, please DO NOT even think of approving any project that would destroy our beautiful ridgeline along the parkway. We appreciate that the City has publicized the project in the News Chieftan, assuming, in an effort to avoid the "warehouse fiasco" that was thrust upon the residents of the Garden Road area. On Wed, Mar 24, 2021 at 4:11 PM Scott Nespor <SNespor@poway.org> wrote: Thank you for your email. I will keep a copy of the email for the project file. The applicant provided a visual analysis , that concluded the project would not be seen from the Garden Road area. Can I make an appointment with you to verify that the flag can be seen from your property? Again, thank you for your email. Scott Nespor Associate Planner Tel: 858-668-4656 www.Poway.org In response to the COVID-19 pandemic, City offices are currently closed to the public. However, the City will continue to provide all services. Please visit our website at poway.org for updated information. 84 of 99 ATTAClrlMENT I July 20, 2021, Item #16Scott Nespor From: Sent: To: Subject: Gaines Perryman <gperryman68@gmail.com> Wednesday, March 24, 2021 3:57 PM Scott Nespor Proposed Hotel In regards to the proposed hotel by Serendipity Hospitality, we as residents of the Garden Road area strongly oppose this development. We CAN see the story pole, flag and much of the pole itself, from our residence. NO to this project. 85 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: To: Subject: Hi Scott, donnajtylor donnajtylor <donnajtylor@cox.net> Monday, April 19, 2021 3:23 PM Scott Nespor SPA 20-002, CUP 20-004 and DR 20-005 We talked on the phone regarding the proposed hotel in the Poway Business Park prior to the the virtual neighborhood meeting. You asked me to email you and repeat my comments. Sorry for the delay, but I just now have the time. I did attend the virtual meeting, but unfortunately missed the first 20 minutes as my cox internet went down. I am a resident of Poway and have lived in the Rolling Hills Estates subdivision since 1999. I am opposed to the proposed hotel as it violates the original vision for the business park. The vision for the business park was a group of low building of neutral color, with deep set backs and substantial screening with trees. The goal was for a business park suitable for our city in the country, nestled in the flattened hill tops. I see no valid justification for amending this vision. The hotel's height would make it visible from homes and neighboring recreation trails. The hotel would also increase demands on our scare water supply water and require additional police and fire department resources. An exception should not be made for this developer. Thank you, Donna Tylor 86 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: Bernie Guzman <bernie.s.guzman@gmail.com> Tuesday, March 23, 2021 2:12 PM To: Scott Nespor Subject: Re: About proposed 5 story hotel Financial impact to Poway is, for me, a key part of the marketing push for this hotel. I know that the city has begun to experience financial challenges, and thus additional sources of money are welcome. However, we need to know the bottom line details. On Tue, Mar 23, 2021 at 2:03 PM Scott Nespor <SNespor@poway.org> wrote: Hello-Thank you for providing input into the Serendipity Hospitality proposal. The purpose for the neighborhood meeting on March 24, 2021, is to allow the City and project applicant to hear public comments about their proposal. This item has not yet been scheduled for Public Hearing by the Poway City Council. I will keep a record of your comments in the project file and let the project applicant know that we received it. To answer your question, the City has not yet performed a revenue analysis of the proposed hotel. I do not know what the expected TOT revenue would be. If I get this information I will share it with you. Please let me know if you have any other questions. Thank-you From: Bernie Guzman <bernie.s.guzman@gmail.com> Sent: Saturday, March 20, 2021 5:16 AM To: Scott Nespor <SNespor@poway.org> Subject: About proposed 5 story hotel Scott -As per the news article in the Chieftan, the hotel will generate income for Poway, in the form of the transient occupancy tax. How much will we expect to receive from this tax? 87 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: To: Subject: sdjanet <sdjanet@cox.net> Tuesday, March 23, 2021 1 :00 PM Scott Nespor proposed hotel height People move to Poway because, among other reasons, the idea of the country in the city. Keep the height limit the way it is - I have seen limits broken before and it only leads to other broken limits. If five stories are allowed now, what is to stop greater height allowances in the future. Vote No on the five story extension. Janet Tripp Sent from Mail for Windows 10 88 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: To: Subject: To The City of Poway Terri Lee <t11_92064@yahoo.com> Monday, March 22, 2021 6:41 PM Scott Nespor New Boutique Hotel in Poway I have lived in Poway since July 1988 in the same house. I love Poway. I enjoy our trails, the lake, and parks. I walk the city and the business park. I appreciate that we can use an app to report problems. I will make this short and to the point. I feel the new hotel should stay within the height limits we set in the South Poway Specific Plan. We were told when the business park was planned that we would not notice/see most of the buildings. Wrong. Please! I didn't come to Poway to live in a large city! I came to the city in the country!! Please save my view of the hills and keep Poway a nice place to live. Thank you Terri Lee 12718 Soule Street Poway CA 92064 89 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: Bill McLeod <wmcleod@sandiego.edu > Monday, March 22, 2021 1 :36 PM To: Scott Nespor Subject: 5 story Hotel Hello Scott, Absolutely not! This is, after all, the City in the Country. And as a side note, stop building apartments and condos, especially with underground parking next to a creek. Please drive around our town and notice the vacancy rate. We have a good tax base, and good infrastructure to handle the built environment , now with this more, more, more we are going to have to invest more, more, more, dollars into infrastructure and bureaucracy. Not to mention Poway road gridlock. You are making Poway another Mira Mesa. My two cents. Sincerely, Bill McLeod Bill McLeod HVAC Automation Controls Specialist CMVP, LEED Green Associate 619-260-5926 0:::c:··•·· .. · .. •···-·•···•·•···-·· .. ·•·O,••· 90 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: To: Cc: Subject: Dear Mr. Nespor, Michael Dowd < mcdowd@cox.net> Sunday, March 21, 2021 6:57 PM Scott Nespor Steve Vaus; Caylin Frank; Dave Grosch; Barry Leonard; John Mullin No On New Hotel I am writing to voice my STRONG opposition to the proposed 5 story hotel proposed for the South Poway Business Park (SPBP). The SPBP's development plan exists for many reasons; one of them is to protect the residents of South Poway from seeing things in the business park. Anil Patel's business knew this when they purchased the property and are trying to change the rules to suit their needs. The "story pole" they installed is a ruse. Anyone blessed with a modicum of common sense will realize there is a world of difference between seeing pole from a mile or more away and seeing a 5 story building. To members of the City Council, cc'd on this message, I point out none of you live at this end of Poway meaning you don't have to deal what has been allowed to happen in the business park (the ugly warehouse), along the eastern end of Poway Rd. (we are well on our way to becoming Mira Mesa), and in our shopping centers (thanks for allowing Creekside Plaza's parking to get honked up in the name of a few burgers). Stop and think about us for a second. Would any of you even think of allowing a 5 story hotel in the Target shopping center? South Poway has been asked to endure many things. Please do not ask any more from us. Regards, Michael Dowd 15467 Hidden Valley Dr. 858-231-9214 91 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: To: Subject: daringarcia <daringarcia@yahoo.com> Sunday, March 21, 2021 6:01 PM Scott Nespor Please don't allow this hotel in Poway to be built. The Amazon building already looks like a penitentiary from my backyard. I wish that would have never been built the whole reason I moved to Poway is to get away from this crap. We are no longer the city in the country we are the city in the city. Also, Poway and Community roads are going to be so congested once the Poway Commons and all the other building is completed. A total cluster. Please dont allow this hotel to be built. Sent via the Samsung Galaxy SlO, an AT&T SG Evolution smartphone 92 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: To: Subject: Hi Scott Peter Langenfeld <peter.langenfeld@gmail.com> Friday, March 19, 2021 12:08 PM Scott Nespor Hotel I've done visual for over 30 years. Big stuff, solar, wind, POLA, Port of San Diego. What ever happened to Poway's the save our ridglines mantra? You can see Amazon from everywhere. Where is the EIR that shows the viewshed delineation they clam to have done for the hotel. This is a travesty. Thanks Peter 93 of 99 1 July 20, 2021, Item #16Scott Nespor From: Sent: To: Subject: Hi Scott, donnajtylor donnajtylor <donnajtylor@cox.net> Monday, April 19, 2021 3:23 PM Scott Nespor SPA 20-002, CUP 20-004 and DR 20-005 We talked on the phone regarding the proposed hotel in the Poway Business Park prior to the the virtual neighborhood meeting. You asked me to email you and repeat my comments. Sorry for the delay, but I just now have the time. I did attend the virtual meeting, but unfortunately missed the first 20 minutes as my cox internet went down. I am a resident of Poway and have lived in the Rolling Hills Estates subdivision since 1999. I am opposed to the proposed hotel as it violates the original vision for the business park. The vision for the business park was a group of low building of neutral color, with deep set backs and substantial screening with trees. The goal was for a business park suitable for our city in the country, nestled in the flattened hill tops. I see no valid justification for amending this vision. The hotel's height would make it visible from homes and neighboring recreation trails.The hotel would also increase demands on our scare water supply water and require additional police and fire department resources. An exception should not be made for this developer. Thank you, Donna Tylor 94 of 99 1 July 20, 2021, Item #16RYAN Chris Wood President of West Region chris.wood n rynncompanies.com p: 858-812-7960 c: 858-245-8300 September 10, 2019 Mr. Craig Ruiz -(CRuiz@powav.org) Economic Development Administrator City of Poway 13325 Civic Center Drive Poway, CA 92064 Re: Serendipity Hospitality Boutique Hotel -14068 Stowe Drive, Poway, CA 92064 Dear Craig: As President, West Region of Ryan Companies US, Inc., and the developer and ownership representative of the Vantage Point industrial project at Scripps Poway, General Atomics Way and Kirkham Road, I am pleased to share my support for a proposed hotel project, designed specifically for Poway by developer and hotelier Anil Patel. Below are the details of the project, which he conveyed to me during our meeting. First and foremost, Poway needs an exceptional, higher-end hotel to meet the needs of our business park tenants. Many of their visitors are choosing to stay in hotels outside of Poway. The plans Anil has shared with me for a property at Scripps Poway Parkway and Stowe Drive are exciting and fit the bill for what our community needs. They present a unique aesthetic that I think will complement the business park and be oriented to the many corporate users we service. I am in support of the architectural design and size property Anil has proposed. The contemporary design is fitting for the location, and his request for a ten-foot height variance seems reasonable given the ability to offer 61 hotel rooms and a luxurious rooftop amenity providing a chance for visitors to take in the beauty of Poway's open space views, mountains via a terrific rooftop amenity deck for guests. Finally, I believe the community will benefit greatly from the new TOT tax revenue stream it will create, as well as local spending in Poway by its patrons. I gladly support the future development of this project. Sincerely, RYAN COMPANIES US, INC. {hJ~ Chris Wood President, West Region 95 of 99_ July 20, 2021, Item #16September 30, 2019 Mr. Craig Ruiz Economic Development Coordinator City of Poway 13325 Civic Center Drive ··Poway, CA9-2064 Dear Craig: 1 •vv~••--OCT O 3 2019 On behalf of the Poway Chamber of Commerce Board of Directors, I would like to express our enthusiastic support for the hotel development in the Poway Business Park proposed by Anil Patel of Serendipity Hospitality. Anil presented his plans to the Board at our September meeting and answered many questions from our Board members regarding plan specifics, potential conflicts or issues, and market opportunities. We are more than satisfied that Anil has done his research on the demand for a hotel at this location and has put a great deal of consideration into the design. We are confident that with Anil's extensive hospitality experience, Serendipity Hospitality will build a high-quality property designed to fit well with the landscape and character of the City of Poway and will meet a critical demand for hotel accommodations in the community. Sincerely, LL/~~---Anita Edmondson " Chair, Board of Directors 96 of 99 i, Poway CA 92064 858.748.1710 I WWW On,M::IV:COM_ July 20, 2021, Item #16+ GENERAL ATOMICS Craig Ruiz -(CRuiz@powav.org} Economic Development Administrator City of Poway 13325 Civic Center Drive Poway, CA 92064 September 27, 2019 Re: Serendipity Hospitality Boutique Hotel -14068 Stowe Drive, Poway, CA 92064 Dear Craig: I met with Anil Patel and as Sr. Manager, Real Estate, Facilities Operations & Services at General Atomics; I am pleased to share my support for a hotel project proposed for Poway by developer and hotelier Anil Patel. Below are the details of the project, which he conveyed to me during our meeting: As you know, Poway is in need of an exceptional hotel to meet the needs of our business park tenants, currently leaving the community to stay elsewhere. The plans for a property at Scripps Poway Parkway and Stowe Drive are exciting and fit the bill for what our community needs. I support the architectural design and size of property Anil has proposed. The contemporary design is fitting for the location, and his request for a ten-foot height variance seems reasonable given the ability to offer 61 hotel rooms and a rooftop amenity for guests. Because it meets the needs of corporations in the Poway Business Park and creates new tax revenue and local spending in Poway, I am pleased to support this project. Sincerely, ~~c~ David Sikute Sr. Manager, Real Estate Facilities Operations & Services General Atomics 14040 Danielson St, Poway, CA 92064 cc: Anil Patel, Serendipity Hospitality (avpate/Ol@yahoo.com} 3550 GENERAL ATOMICS COURT. SAN DIEGO, CA 92121·1122 97 of 99 PO BOX 85608. SAN DIEGO, CA 92186-5608 (858) 455-3000 July 20, 2021, Item #16Techbilt Companies 3575 Kenyon St. San Diego, CA 921 IO Telephone (619) 223-1663 Mr. Craig Ruiz-(cruiz@poway.or~) Economic Development Coordinator City of Poway · 13325 Civic Center Dr. -------·-Poway; EA-92064 RE: Serendipity Hospitality Hotel-14068 Stowe Dr., Poway, Ca Dear Craig: Mailing Address P.O. Box 80036 San Diego, CA 92138 FAX (619) 223-2865 September 24, 2019 As President of the Techbilt Companies and one of the original developers of the South Poway Business Park, and as one of the major owners of industrial space in the business park, I wanted to support Anil Patel's proposed hotel development. Ani1 has shared his plans for his hotel development and I think that it will be a needed and welcome use that will bring needed additional hotel space to Poway and which will contribute significantly to the revenue that the City of Poway derives from the business park. My support extends to the architectur:al design of the proposed development including the request for a height variance to allow a 55 foot high building. The building's aesthetics will complement the surrounding properties and I can see no adverse effects from the height variance. Please contact me if you have any questions. Sincerely, Techbilt Companies Ted Tchang, President TT:tt 98 of 99 July 20, 2021, Item #16\\\ Hilton !Jlilto~J P•trick Speer Vice President Development, Southwest Region 5694 Missioo Center Rd. Suite 602 #895 San Diego, CA 92108-4312 September 5, 2019 Serendipity Hospitality Attn: Anil Patel 3830 Valley Center Dr. #705 PMB 814 San Diego, CA 92130 RE: Hilton Portfolio of brand in Poway, CA Dear Mr. Patel: Tel: 310.744-9725 Cel: 310.721-5871 patrick.speer@hilton.com Thank you so much for exploring with me the potential of developing a Hilton portfolio brand hotel in Poway, CA. This letter is intended to serve as confirmation of Hilton's preliminary interest. Our knowledge of this market leads us to believe that there is room in the market to explore adding a Hilton Portfolio brand in Poway, CA. We understand our discussions with you are preliminary in nature, but based on the information you have shared we have a strong interest in continuing to explore this opportunity. To gain a better understanding about all the brands of Hilton Worldwide, please visit www.HiltonWorldwide.com/portfolio/. This letter is not legally binding on either party, nor is it exclusive. If within 90 days we do not have an application, this letter will be considered expired if you do not specifically request another 30 day extension. Any expenditure or obligation undertaken by either party to the execution and delivery of a franchise agreement is at the party's sole risk and expense. Should you have any questions or concerns please feel free to contact me at Patrick.soeer@hilton.com or at (310)721-5871. I look forward to working with you. Sincerely, s I ,_.,,.: l ~ v.....,-. )lf-f( __ _ \,Y Patrick Speer .. CONR/10 -;ii; Hilton n mo ;41'f\":-'¥ 0 ................ mono ■Hillon 1.Jr•h·nlnu HOM~ 11111, ... (~r,a,w,J\'.-.1tlom 99 of 99 July 20, 2021, Item #17DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway July 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services f'A Henry Trang, Senior Civil Engineer M (858) 668-4602 or htrang@poway.org CITY COUNCIL Award of Contract to Tri-Group Construction and Development, Inc. for the Espola Road Safety Improvements -Phase 2 Project; Bid No. 21-021 This action will award a construction contract for the Espola Road Safety Improvements -Phase 2 project. The project will construct a decomposed granite pathway on the west side of Espola Road from Mountain Road to just north of Northcrest Lane. The improvements will also include new asphalt berm, grouted rock surface parkway, lodgepole fencing, and retaining walls. Recommended Action: It is recommended that the City Council award the contract for the Espola Road Safety Improvements -Phase 2 Project to Tri-Group Construction and Development, Inc., the lowest responsible and responsive bidder, in the amount of $1,899,805.00. Discussion: This project will continue the installation of pathway improvements along Espola Road that was suspended in 2019. The project was suspended to allow time to re-design the project and complete the utility undergrounding since the existing utility poles are in conflict with the proposed pathway improvements. The improvements will improve safety for all users by adding a decomposed granite pathway along the west side of Espola Road from Mountain Road to just north of Northcrest Lane. This will provide a continuous path of travel from Twin Peaks Road to Titan Way along Espola Road. New asphalt berm, lodgepole fencing, retaining walls, grouted rock surface parkway, curb ramps, driveways, utility relocations, landscape and irrigation, signing and striping, and other related improvements are also included in this project. Construction for this project is set to begin after the completion of the utility undergrounding. SDG&E has completed the undergrounding of their system other than pole removal. AT&T and Cox Communications are continuing their undergrounding work with an anticipated completion by the middle of August. Once all the utilities are undergrounded and overhead wires are removed, SDG&E will remove the utility poles. City staff will coordinate with the contractor to commence construction of the pathways project as soon as possible after the poles are removed. 1 of 11 July 20, 2021, Item #17The contract time for this project is 120 working days with an Engineer's Estimate of $1,800,000.00. Bids were opened on June 15, 2021. The following 6 bids were received: Company Total Bid Amount Corrected Bid Amount Tri-Group Construction and Development, Inc. $1,899,805.00 3-D Enterprises, Inc. $1,926,625.00 West Coast General Group $2,011,327.30 LB Civil Construction, Inc. $2,298,925.00 Hazard Construction $2,357,350.00 Western Rim Construction, Inc. $2,459,740.00 $2,459,618.72 Environmental Review: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the Espola Road Safety Improvement project and was certified by the City Council on June 4, 2013. Therefore, no further environmental analysis is required because the project's impacts have already been adequately analyzed and are fully covered by the previously certified El R. Fiscal Impact: Sufficient funding in the amount of $2,772,257.34 is available in the Espola Road Safety Improvements project account (STR0001) for the award of this contract. Public Notification: None. Attachments: A. Contract Reviewed/ Approved By: Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney Approved By: ~ City Manager July 20, 2021, Item #17SECTION 8 CONSTRUCTION CONTRACT CITY OF POWAY ESPOLA ROAD SAFETY IMPROVEMENTS -PHASE 2 This Contract made and entered into this 21st day of July, 2021, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Tri-Group Construction and Development, Inc., hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows: 1. The complete Contract includes all of the Contract Documents, which are incorporated herein by this reference, and include: a. This Contract b. Contract Addenda c. Contract Change Orders d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications f. Contract Plans g. General Condition h. Special Conditions i. Standard Specification for Public Works, most current edition, 2. The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all. 3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: 3 of 11 The Work generally consists of: mobilization and demobilization; stormwater pollution prevention and erosion control, traffic control and construction staging; survey monument preservation; coordination with utility companies; demolition and clearing and grubbing; site and roadway grading; DG pathway, asphalt paving and patching, PCC curb ramps, PCC driveways, retaining walls, landscape and irrigation, street lighting, signing and striping and other related improvements from the existing sidewalk ATTACHMENT A 1 July 20, 2021, Item #17south of Mountain Road to the existing sidewalk south of Willow Ranch Road. 4. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council. 5. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $1,899,805.00 the "Contract Price." City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions. 6. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 120 Working Days after the date specified in the Notice to Proceed. 7. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum: $500 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. 8. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. 9. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded 4 of 11 2 July 20, 2021, Item #17projects. Travel and subsistence pay shall be paid in accordance with Labor Code § 1773.1. 10. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. 11. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and § 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813. 12. Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13. Contractor, by executing this Contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion 5 of 11 of performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent 3 July 20, 2021, Item #176 of 11 contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same. Worker's Compensation Insurance: o Contractor has no employees and is exempt from workers' compensation requirements. o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings. e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. 4 July 20, 2021, Item #17f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor. 16. a. Contractor shall provide certificates of insurance with original endorsements 7 of 11 to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits. e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors. 5 July 20, 2021, Item #1717. a. Contractor shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. 18. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective. 19. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract. 20. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 21. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract. 22. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. 23. 8 of 11 In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. 6 July 20, 2021, Item #1724. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 25. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. 26. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 27. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 30. a. Contractor shall, without disturbing the condition, notify City, in writing, as 9 of 11 soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code: ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications: or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. 7 July 20, 2021, Item #17b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order. d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. 31. This Contract is to be governed by the laws of the State of California. 32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank) 10 of 11 8 July 20, 2021, Item #17IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written. Contractor's Name: Print Name of Construction Company By: -----------Signature Print Name Contractor information: Address for Notices and Payments Telephone Number: ______ _ Email: ___________ _ ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP Alan Fenstermacher, City Attorney CITY OF POWAY a Municipal Corporation Chris Hazeltine, City Manager END OF SECTION 11 of 11 9 July 20, 2021, Item #18DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway July 20, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works 4~ Shadi Sarni, Principal Civil Engineer, Public Works 57 (858) 668-4717 or ssami@poway.org CITY COUNCIL Award of Contract to G.S.E. Construction Company, Inc. for the Lester J. Berglund Water Treatment Plant Clearwell Bypass Project; Bid No. 21-020 To improve the reliability, redundancy and resiliency of the City of Poway's potable water system, the City is embarking on a significant capital improvement program referred to as the Water Infrastructure Improvement Program (Program). The Program includes substantial improvements to the ten (10) million-gallon storage reservoir (the Clearwell) at the Lester J. Berglund Water Treatment Plant, a new San Diego County Water Authority (SDCWA) treated water connection and pipelines providing redundancy to the existing single transmission pipeline on Lake Poway Road. The Lester J. Berglund Water Treatment Plant Clearwell Bypass Project is the first project in a series of projects that make up the Program. The Clearwell Bypass Project enables the replacement of the Clearwell by bypassing it. The bypass system has been designed and advertised for bids. Bids were opened on June 28, 2021. Construction is anticipated to begin in late September/early October 2021, following the City Council award of the construction contract and approval of all contractor submittals and requirements. The Program has been discussed at City Council meetings on a number of occasions. The Program has been brought to the City Council as an informational item, to provide updates and to request approval of the various components on March 18, 2020, June 16, 2020, October 20, 2020, November 17, 2020, March 16, 2021, April 20, 2021, and June 1, 2021. A Town Hall Meeting was held on May 10, 2021 to provide Program information to Poway residents. This item will award a contract for the construction of the Lester J. Berglund Water Treatment Plant Clearwell Bypass Project to G.S.E. Construction Company, Inc. Recommended Action: It is recommended that the City Council award a contract for the Lester J. Berglund Water Treatment Plant Clearwell Bypass Project to G.S.E. Construction Company, Inc., the lowest responsible bidder, in the amount of $7,273,700.00. 1 of 16 July 20, 2021, Item #18Discussion: The Clearwell Bypass Project is an enabling project for the replacement of the clearwell. The clearwell is an existing ten (10) million-gallon potable water storage facility that stores the water treated at the Lester J. Berglund Water Treatment Plant, prior to discharge into the water distribution system. The clearwell was built in 1964 and has reached the end of its useful life. A bypass system has been designed to facilitate the replacement of the clearwell by bypassing it. This bypass system is hereby referred to as the "Lester J. Berglund Water Treatment Plant Clearwell Bypass Project." The Clearwell Bypass Project includes, but is not limited to the following elements: 1. Bypass Tanks: Two above-ground bolted steel water storage tanks; each with 1 .4 million gallon (MG) nominal volume and tank appurtenances. 2. Bypass Pump Station: Pump station utilizes vertical turbine pumps (three operational plus one standby); flow meter; and appurtenances including power supply, variable frequency drives and control system. 3. Pressure Control Facility: Above ground pressure control facility with two pressure reducing valves and appurtenances. 4. Permanent Bypass Pipeline: Approximately 1,165 linear feet of 36-inch diameter buried cement mortar lined and coated (CML&C) welded steel pipeline with valves, appurtenances, and connections. 5. Temporary Bypass Pipeline: Approximately 1,690 linear feet of 24-inch above ground high-density, polyethylene (HOPE) pipeline with valves, appurtenances, and connections. 6. Temporary Bypass Overflow Pipe: Approximately 330 linear feet of 24-inch HOPE above ground pipeline with overflow catch basin and discharge connection to storm drain swale. 7. Electrical power: Power supply for bypass tank site, bypass pump station and pressure control facility including electrical conduits, conductor, and appurtenances. 8. Instrumentation and controls: Instrumentation and control system for bypass tanks, bypass pump station and pressure control facility including signal conduits and conductors from the respective sites to the electrical room at the water treatment plant. 9. Tank site security: Camera and radio transmission system to convey signals to existing water treatment plant security system. Staff has coordinated the timing of construction of this project with Community Services Staff and has limited the construction staging areas to minimize disruptions to Lake Poway Recreational Area. Construction operations are expected to begin in late September/early October 2021. Four (4) staging areas have been designated for storage of the contractor's equipment and/or material. Staging area #1 is the employee parking lot, west of the Public Works Operations Building. Staging area #2 is adjacent to the Lester J. Berglund Water Treatment Plant. Staging area #3 is at the Lake Poway Recreation Area softball field, adjacent to the proposed location for the temporary tanks. Staging area #4 is the parking lot adjacent to the volleyball court at Lake Poway Recreation Area. 2 of 16 July 20, 2021, Item #18Construction hours have been designated as 7:00 a.m. to 5:00 p.m. Monday through Saturday, except on City holidays. The construction duration is 228 working days. Saturdays are included as working days in this contract. Upon completion of construction, testing and approval of the bypass system; the Clearwell will be taken offline for geotechnical investigations of the subsurface soils. Once geotechnical investigations are completed, design of the Clearwell Replacement Project can continue. Upon completion of design, construction and testing of the new Clearwell system, the bypass tanks at the softball field will be removed and the field will be restored to its original condition. The temporary tanks at the softball field are anticipated to remain in place for approximately two and a half (2.5) years. Bids were opened on June 28, 2021. The engineer's estimate of $7,060,000 is within three (3) percent of the lowest responsible bid. The following six (6) bids were received: Company Bid Amount G.S.E. Construction Company, Inc. $7,273,700.00 Zusser Company, Inc. $7,596,255.00 Shimmick Construction Company, Inc. $7,839,000.00 Orion Construction Corporation $7,898,486.00 TC Construction Company, Inc. $7,899,900.00 Caliagua, Inc. $8,673,950.00 A copy of the construction contract is included as Attachment A. The contract will be executed after the City Council awards the contract as recommended in this report. Environmental Review: The award for contract is not subject to environmental review. The Clearwell Replacement Project is Categorically Exempt as a Class 2 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) of the CEQA Guidelines in that the proposed project consists of the replacement of an existing water facility in the approximate location of the existing facility with negligible expansion of the capacity. The installation of the temporary bypass system that is part of the Clearwell Replacement Project is Categorically Exempt as a Class 11 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15311 of the CEQA Guidelines, in that the project consists of the placement of temporary water utility facilities within an existing developed site to facilitate the permanent water utility replacement, and areas temporarily occupied by the temporary facility would be returned to their existing conditions upon the completion of the permanent water utility replacement. Fiscal Impact: Sufficient funds are budgeted in the Capital Improvement Fund Program Clearwell Bypass Project (Project WTR0029) for this request. However, this project is part of the Water Infrastructure Improvement Program Phase 1 funding matrix and staff has not yet presented a funding structure to Council for their consideration. Additionally, the rate setting process for rates effective beginning January 1, 2022, needs to occur prior to the calendar year end. Staff anticipates presenting a funding structure and proposed rates early this fall as both components are intertwined. Should a viable 3 of 16 July 20, 2021, Item #18funding structure or the rate setting process encounter challenges, staff would return to Council to discuss options deferring other water projects to pay for Phase 1 costs. Public Notification: None. Attachments: A. Construction Contract Reviewed/ Approved By: ij~ L--------Wendy~erman Assistant City Manager 4 of 16 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager July 20, 2021, Item #18SECTION 8 CONSTRUCTION CONTRACT CITY OF POWAY Lester J. Berglund Water Treatment Plant Clearwell Bypass Project This contract made and entered into this 21st day of July 2021, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and G.S.E. Construction Company, Inc., hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows: 1. The complete contract includes all of the contract documents, which are incorporated herein by this reference, and include: a. This Contract b. Contract Addenda c. Contract Change Orders d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications f. Contract Plans g. General Condition h. Special Conditions i. Standard Specification for Public Works, most current edition 2. The contract documents are complementary, and that which is required by one shall be as binding as if required by all. 3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: The work on this project generally includes but is not limited to furnishing all products, labor, equipment, material, transportation, and incidental services to construct and make a fully operational potable water clearwell bypass system at the City of Poway, Lester J. Berglund Water Treatment Plant comprised of the following major elements: 5 of 16 ATTACHMENT A July 20, 2021, Item #18a. Bypass Tanks: Two above-ground bolted steel water storage tanks; each with 1.4 MG (million gallons) nominal volume and tank appurtenances. b. Bypass Pump Station: Pump station utilizes vertical turbine pumps (three operational plus one standby), flow meter, and appurtenances including power supply, variable frequency drives and control system. There are contractor-related options associated with the pump station such as: i. Use of contractor designed and fabricated (City approved) steel trusses between pump cans and suction supply piping to aid in the installation of the pump station. ii. Use of a pre-engineered pump station fabricator to provide a packaged pump skid with pump cans, suction piping, electrical cabinets, pre-routed conduit and wire, motor control center, variable frequency drives, and control system to reduce costs and construction duration. For this option, contractor shall utilize Engineered Fluid Inc. (EFI), Centralia, IL (via manufacturer's local representative; Dale Huntington, 858-519-7467), or approved equal and shall submit request per Section 01620 -Product Options and Substitutions. c. Pressure Control Facility: Above ground pressure control facility with two pressure reducing valves and appurtenances. d. Permanent Bypass Pipeline: Approximately 1,165 linear feet of 36" diameter buried cement mortar lined and coated (CML&C) welded steel pipeline with valves, appurtenances and connections. e. Temporary Bypass Pipeline: Approximately 1,690 linear feet of 24" above ground HOPE pipeline with valves, appurtenances and connections. f. Temporary Bypass Overflow Pipe: Approximately 330 linear feet of 24" HOPE above ground pipeline with overflow catch basin and discharge connection to storm drain swale. g. Electrical power: Power supply for bypass tank site, bypass pump station and pressure control facility including electrical conduits, conductor, and appurtenances. h. Instrumentation and controls: Instrumentation and control system for bypass tanks, bypass pump station and pressure control facility including signal conduits and conductors from the respective sites to the electrical room at the plant. i. Tank site security: Cameras and radio transmission system to convey signals to existing plant security system. 4. Contractor agrees to perform all the said work and furnish all the said materials at her or his own cost and expense that are necessary to construct and complete in strict 6 of 16 July 20, 2021, Item #18conformance with contract documents and to the satisfaction of the Principal Engineer, the work hereinafter set forth in accordance with the contract adopted by the City Council. 5. City agrees to pay, and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of Seven Million Two Hundred Seventy-Three Thousand Seven Hundred Dollars and Zero Cents ($7,273,700.00) the "Contract Price." City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions. 6. Contractor agrees to commence construction of the work provided for herein within fifteen (15) calendar days after the date specified in the notice to proceed, and to continue diligently in strict conformance with contract documents and without interruption, and to complete the construction thereof within Two Hundred Twenty-Eight (228) Working Days after the date specified in the notice to proceed. 7. Time is of the essence of this contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum: Five Hundred Dollars ($500.00) per calendar day, for each and every calendar days' delay in finishing the work in excess of the number of working days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this contract in addition to any other remedy available to City. By executing this contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. 8. In accordance with State of California Senate Bill No. 854, contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. 9. Contractor will pay, and will require all subcontractors to pay, all employees on said contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code § 1773.1. 10. Contractor shall be subject to the penalties in accordance with Labor Code of§ 1775 for each worker paid (either by her or him, or by any subcontractors under her or him) less than the prevailing rate described above on the work provided for in this Contract. 7 of 16 July 20, 2021, Item #1811. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and § 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by her or him in connection with the work performed under the terms of the contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code § 1813. 12. Contractor will comply with the provisions of Labor Code § 1777 .5 pertaining to the employment of apprentices to the extent applicable to this contract. 13. Contractor, by executing this contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the contract price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion 8 of 16 of performance, commercial general liability insurance of not less than Ten Million Dollars ($10,000,000) per occurrence, and Eleven Million Dollars ($11,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide commercial general liability insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. July 20, 2021, Item #189 of 16 b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial automobile liability insurance covering personal injury and property damage, of not less than Five Million Dollars ($5,000,000) combined single limit, covering any automobile utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. c. Contractor shall further procure and maintain at its own expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law, and employer's liability insurance in the minimum amount of $1,000,000 per accident or disease. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same. d. Contractor shall further procure and maintain at its own expense, until completion of performance, pollution liability insurance written on a Contractor's Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $5,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as "covered operations." The policy shall also provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. e. Contractor may elect to obtain an umbrella or excess liability insurance policy to meet the insurance requirements of this Agreement. Such policy shall provide coverage for bodily injury, personal injury and property damage at least as broad as the primary coverages set forth above, including commercial general liability, commercial automobile liability, and employer's liability. The policy shall include the following terms and conditions: 1. A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason. ii. Pay on behalf of wording as opposed to reimbursement. iii. Concurrency of effective dates with primary policies. iv. Policy shall "follow form" of the underlying primary policies. v. Insureds under the primary policies shall also be insureds under any umbrella or excess policy. July 20, 2021, Item #18f. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A-" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current AM Best Ratings. g. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide types and limits of insurance appropriate for the risk associated with the work being performed, and, except for workers' compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. h. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. i. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that appropriate coverage is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, officials, employees, volunteers, agents and independent contractors, that result from such failure by Contractor. 16. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City. b. Notwithstanding any inconsistent statement in any required insurance policies or any subs~quent endorsements attached thereto, the commercial general liability and commercial automobile liability policies shall bear endorsements whereby it is provided that the City, and its officers, officials, employees, volunteers, and agents and independent contractors are named as additional insureds for ongoing and completed operations. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. 10 of 16 July 20, 2021, Item #18c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, officials, employees, volunteers, and agents. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits. e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, officials, employees, servants, volunteers, agents. f. General liability products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed "by or on behalf' of the insured. The policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded the part of the insurer. The City, its officers, officials, employees, volunteers, and agents, shall be included as additional insured under the products and completed operations coverage. g. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. h. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums required by this Agreement, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. i. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 11 of 16 July 20, 2021, Item #18j. A severability of interest provIsIon must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(s) shall not contain any cross-liability exclusions. k. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. I. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. m. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. n. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, officials, agents, employees and volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. 18.Any amendments to any of the contract documents, including but not limited to contract change orders, must be in writing executed by the Contractor and the City. 12 of 16 July 20, 2021, Item #18Any time an approval, time extension, or consent of the City is required under the contract documents, such approval, extension, or consent must be in writing in order to be effective. 19. The contract documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this contract. 20. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 21. The persons executing this contract on behalf of the parties hereto warrant that they are duly authorized to execute this contract on behalf of said parties and that, by so executing this contract, the parties hereto are formally bound to the provisions of this contract. 22. This contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. 23. In performing its obligations and duties under this contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. 24. This contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 25. After completion of the work contemplated by this contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. 26. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 13 of 16 July 20, 2021, Item #1827. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 30. a. Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. a. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. b. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order. c. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. 14 of 16 July 20, 2021, Item #1831. This contract is to be governed by the laws of the State of California. 32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank) 15 of 16 July 20, 2021, Item #18IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written. G.S.E. CONSTRUCTION COMPANY, INC. By: __________ _ Dennis Gutierrez, President Contractor information: Address for Notices and Payments Telephone Number: ______ _ Email: ATTEST: Deborah Harrington, Interim City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP Alan Fenstermacher, City Attorney 16 of 16 CITY OF POWAY a Municipal Corporation Chris Hazeltine, City Manager July 20, 2021, Item #19DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway July 20, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works i~ CITY COUNCIL Troy DePriest, Assistant Director of Public Works for Utilities 11>P (858) 668-4750 or tdepriest@poway.org Shadi Sarni, Principal Civil Engineer, Public Works S 5 (858) 668-4717 or ssami@poway.org Authorization to Purchase an Emergency-Use Trailer-Mounted Portable Diesel Generator through Sourcewell Cooperative Purchase Agreement To improve the reliability, redundancy and resiliency of the City of Poway's potable water system, the City is embarking on a significant capital improvement program referred to as the Water Infrastructure Improvement Program (Program). The Program includes substantial improvements to the ten (10) million-gallon storage reservoir (the Clearwell) at the Lester J. Berglund Water Treatment Plant, a new San Diego County Water Authority (SDCWA) treated water connection and pipelines providing redundancy to the existing single transmission pipeline on Lake Poway Road. The Lester J. Berglund Water Treatment Plant Clearwell Bypass Project is the first project in a series of projects that make up the Program. The Clearwell Bypass Project enables the replacement of the Clearwell by bypassing it. The bypass system has been designed and advertised for bids. Bids were opened on June 28, 2021. Construction is anticipated to begin in late September/early October 2021, following the City Council award of the construction contract to the lowest responsible bidder and approval of all contractor submittals and requirements. The bypass system consists of permanent and temporary pipelines, a pressure reducing station, two temporary water storage tanks, and a temporary pump station. The pump station is required to pump the treated water to the temporary tanks at the higher elevation. The pump station requires a backup emergency generator for emergency power. The Program has been discussed at City Council meetings on a number of occasions. The Program was brought to the City Council as an informational item, to provide updates and to request approval of the various components on March 18, 2020, June 16, 2020, October 20, 2020, November 17, 2020, March 16, 2021, April 20, 2021, and June 1, 2021. 1 of 8 July 20, 2021, Item #19The generator is to be used in emergencies such as power outages. The emergency generator is a trailer-mounted portable diesel generator, which is the same type of generator used by the Public Works Department for back-up power to specific crucial facilities. The intent is to use the generator for future needs at other locations when the temporary bypass pump station is no longer in service. Potential locations for future use of the emergency generator include the Lester J. Berglund Water Treatment Plant, as well as water pump stations and sewer lift stations in our system. The City is a member of several cooperative purchasing organizations and for optimal pricing, it is recommended that the emergency-use trailer-mounted portable generator be procured from Hawthorne CAT Power Systems through the Sourcewell Cooperative Purchasing Program. The total estimated cost for the trailer-mounted generator, sales tax, tandem axle trailer, Air Pollution Control District (APCD) permit, cables and connectors is $240,415.03. Recommended Action: It is recommended that the City Council authorize the purchase of a trailer-mounted portable diesel generator from Hawthorne CAT Power Systems, through the Sourcewell Cooperative Purchasing Program for a total estimated cost of $240,415.03. Discussion: The City of Poway's Public Works Department owns and maintains emergency back-up generators that serve as a secondary source of electrical power to specific crucial facilities. The generators are only permitted to be used when primary electrical power from San Diego Gas and Electric is disrupted, beyond the control of the facility. These generators are strategically placed at the Lester J. Berglund Water Treatment Plant, sewer lift stations and water pump stations. The Hawthorne CAT generator model is XQ425 rating; 340 kW/425 kVA Voltage; Diesel 1800 RPM and will be capable of providing emergency back-up power to these facilities. It is anticipated that it will take approximately 20 weeks for the City to take delivery of the trailer-mounted generator. Upon receipt of the generator, city staff will complete all necessary steps to get the generator 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: Sufficient funds are budgeted in the Capital Improvement Fund WTR0029 Clearwell Bypass Project, to authorize this purchase in the amount of $240,415.03. Public Notification: None. 2 of 8 July 20, 2021, Item #19Attachments: A. Hawthorne CAT Power Systems quote Reviewed/ Approved By: L------aserman Assistant City Manager 3 of 8 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager July 20, 2021, Item #19HAWTHORNE l:EI QUOTE#: ED-210083-1 City of Poway-Portable Genset To: Luis Carrillo Company: City of Poway/ Public Works Dep. Date: 6/11/2021 Quote Valid Through: 9/9/2021 Prepared By: ED DAWE Pricing Summary Thank you for the opportunity for Hawthorne Power Systems to work with you on this project. Below is a price breakout for the major items we intend to provide for this project, more detail can be found on the Bill of Materials sheets. If you would like to discuss our proposal in more detail please do not hesitate to contact me. Thank you! Item# 1 2 3 4 Qty 1 Basic Description XQ425 Portable Diesel Genset Multiple Voltage, 3-Phase, 4-Wire Enclosure: SA 76 dBA {Steel} Mounting: Tandem Axle Trailer Training Base Bid 1 Air Pollution Control Division SD Permit for new generator installation 1 Modifications and Cable Spare Set of Filters Posi-Loc Cables-SO' Startup and Load Test{@ Hawthorne CAT} Freight and Delivery to Customer 1 Sales Tax-7.75% Rate is based on delivery zip code If sales tax changes or is different upon delivery customer is responsible for additional amount Price Extended Price $ 189,398.00 $ 189,398.00 $ 5,100.00 $ 5,100.00 $ 28,625.00 $ 28,625.00 $ 17,292.03 $ 17,292.03 TOTAL: $ 240,415.03 Value Engineering & Optional Adders Hawthorne Power Systems San Diego, CA 4of8 ED DAWE EPG Sales Engineer ATTACHMENT A $ $ $ $ edawe@hawthornecat.com 808-342-1300 July 20, 2021, Item #19CITY OF POWAY-PORTABLE GENSET DETAILED BILL OF MATERIALS REV2 Summary: Updated BOM and price to include Posi-Loc terminals at genset and load cables. Removed ATS from Scope of Supply REV1 Summary: Provided an additional line item for the Automatic Transfer Switch LINE ITEM #1 EXTENDED DESCRIPTION: Diesel Engine Generator Set Qty. (1) CAT Generator Set Model: XO425 Rating: See Cutsheet for More info Voltage: See Cutsheet for More info Engine: Diesel 1800 RPM, ADEM A4 Electronic Engine Controller Certification: EPA Emergency Stationary Certified (Tier 4) Control Panel: Digital Control Panel EMCP 4.2B Digital Display Engine: Oil Pressure, Coolant Temp, Engine Hours, RPM Generator: Amps, Volts, Power Fault indication and fault logging Volt-free (Form C) Engine Run contacts Audible Alarm Circuit Breakers: Multiple Circuit Breakers SUSE Labeled Mounting System Generator set is suitable for outdoor installation DOT Trailer Tandem Axle Trailer Integrated Vibration Isolators Seismic Anchor Calculation Stamped by California PE Fuel System Fuel Filter (spin-on) Fuel/water separator Diesel Fuel base tank with See Cutsheet for More info Fuel Level Alarms: Enclosure: Critical Low, Low Fuel, High Fuel and Tank Leak Construction: Steel Generator set is suitable for outdoor installation Color: White Sound Attenuated Enclosure rated at 76 dBA at 23 feet, Construction: Steel 5 of8 July 20, 2021, Item #19Window-Control Panel Viewing External Emergency Stop Cooling System: Unit Mounted Radiator Rated for operation in 122°F ambient temperature 50/50 Antifreeze & Water Mixture Jacket Water Heater Low Coolant Level Shutdown Air Intake System Standard Duty Air Filter Crankcase Vent Filtration Exhaust System Critical grade exhaust silencer integral to enclosure Starting and Charging System: Electric Starting Motor 24V Lead Acid Engine-Starting Battery Battery Disconnect Switch UL Listed Battery Charger: 1 0A DC Maximum Charging Current Automatic Dual Rate (float/equalize) Charging NFPA 11 o Alarm Contacts Factory installed on equipment Jacket Water Heater (to facilitate quicker starting times) Onsite Testing, Startup, and Commissioning: CAT Startup Services with CAT certified technicians (includes lube oil and coolant) Building Load Test Cold Start Test and/or building load test Warranty: 2-year Limited Parts and Labor Warranty (24 months or 1000 hours). Other warranty options are available at additional cost. LINE ITEM #2 EXTENDED DESCRIPTION: San Diego-Air Pollution Control Permit per General Note #8 to be provided. This service includes Hawthorne CAT submitting the necessary permit for a New Generator Installation to SD-APCD. It does not include any additional after-treatment in the event it is required. LINE ITEM #3 EXTENDED DESCRIPTION: Posi-Lock cables and genset modifications: Qty. (1) CAT Generator Set Modification Install NEMA 3R enclosure box mounted on genset with 5 each connections: 480/277V Brown, Orange, Yellow, White, and Green (one each) Mounted on curbside of genset Qty. (5) Load Cables 600V 4/0AWG Type W Cable 6 of 8 July 20, 2021, Item #19Posi-lock at genset Brown, Orange, Yellow, White, and Green (one each) Cam-Lock at load Brown, Orange, Yellow, White, and Green (one each) Shipped Loose Posi-Lock Female Connectors (to be installed on cables at later date) NONE DELIVERY: VALUE ENGINEERING & OPTIONAL ADDERS: All equipment is delivered to jobsite-offloading is not included. TERMS OF PAYMENT: Terms to be established upon receipt of Purchase Order and completion of Hawthorne Machinery, Inc. customer account review. Terms may require down payment, COD, NET-10, or NET-30. GENERAL NOTES: 1. The quotation is based on the following documents (no other documents or plans have been reviewed): a. Bill of Materials is based on customer request, no bid documents have been reviewed. b. No other plans or specifications have been reviewed. 2. Proposal scope limited to items specifically listed in this proposal. 3. All "shipped loose items" are for contractor installation 4. Fuel for startup or testing not included. Approximately 50 gallons of fuel are required for testing. 5. Diesel Emergency Generator -The San Diego Air Pollution Control District may require that owners/developers complete a Health Risk Assessment (HRA) for the facility as part of a new source permit to operate the generator. The HRA considers many factors on site as well as the surrounding area and environment. The costs associated with the HRA or add-on particulate control systems are NOT included in our proposal. If after an HRA is performed and particulate reduction equipment is required, we will provide information and costs associated with the addition of emission control equipment 6. If equipment is not for resale or buyer does not have resale tax certificate on file with Hawthorne Power Systems then tax at the applicable rate will be charged. 7. Scope of Work/Supply is based on all onsite work being performed M-F 8AM-4PM. Weekend and/or overtime service hours are available. A copy of our non-standard service rates is available upon request. Four (4) week notice is required for field service. SINCERB.Y, ED DAWE 7 of 8 July 20, 2021, Item #19TERMS & CONDITIONS "Hawthorne's Power Sales Terms and Conditions (available at www.hawthornecat.com/terms) are hereby incorporated by this reference with the same force and effect as if set forth in full herein." 1. A 3% credit card surcharge (of total transaction amount) will be assessed for all purchases greater than $3,000.00. Additionally, prior approval is required for credit card purchases greater than $3,000.00. SUBMITTED BY: --------------------------------------APPROVED BY: DATE: ------------------------------------COMPANY/FIRM: --------------------------------------PO#: ------------------------------------------8 of 8 July 20, 2021, Item #20DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway July 20, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works ~ \>. Shadi Sarni, Principal Civil Engineer, Public Works ?5 (858) 668-4717 or ssami@poway.org CITY COUNCIL Approval of a Second Amendment to the Agreement with Kennedy/Jenks Consultants, Inc., for Program Management Services, RFQ No. 20-001 To improve the reliability, redundancy and resiliency of the City of Poway's potable water system, the City is embarking on a significant capital improvement program referred to as the Water Infrastructure Improvement Program (Program). The Program includes substantial improvements to the ten (10) million-gallon storage reservoir (the Clearwell) at the Lester J. Berglund Water Treatment Plant, a new San Diego County Water Authority (SDCWA) treated water connection and pipelines providing redundancy to the existing single transmission pipeline on Lake Poway Road. The Lester J. Berglund Water Treatment Plant Clearwell Bypass Project is the first project in a series of projects that make up the Program. The Clearwell Bypass Project enables the replacement of the Clearwell by bypassing it. The bypass system has been designed and advertised for bids. Bids were opened on June 28, 2021. Construction is anticipated to begin in late September/early October 2021, following the City Council award of the construction contract to the lowest responsible bidder and approval of all contractor submittals and requirements. The specialized services of a construction management team and inspector with expertise in this field are essential for successful project delivery. The Program has been discussed at City Council meetings on a number of occasions. The Program was brought to the City Council as an informational item, to provide updates and to request approval of the various components on March 18, 2020, June 16, 2020, October 20, 2020, November 17, 2020, March 16, 2021, April 20, 2021, and June 1, 2021. On May 21, 2020, the City released a Request for Qualifications to receive Statements of Qualifications from qualified consulting firms with expertise in providing program management services. On June 3, 2020, nine interested firms attended the City's mandatory pre-proposal meeting. On June 18, 2020, the City received five (5) Statements of Qualifications. Based on the statements, three (3) firms were shortlisted to move forward to in-person interviews. Interviews took place on July 7, 2020. Based on the interviews, City staff selected two (2) firms to move forward in the process and requested that the firms submit proposals for program management services, as part of Phase 2 of the RFQ process. An evaluation committee reviewed the proposals based on the criteria set forth in Phase 2 of the RFQ, 1 of78 July 20, 2021, Item #20which included thoroughness of the proposal, firm and project team qualifications, project understanding and project experience. Based on the qualifications and responsiveness of the firms, Kennedy/Jenks Consultants, Inc. was selected to perform the program management services for this Program. The proposals received included scope and fee for all phases and components of the Program. The various phases consist of program management services during planning, pre-design, design, and construction for the Clearwell Bypass, the Clearwell Replacement and the SDCWA Treated Water Connection projects. The scope of work also included the preparation of a Planning Study for the SDCWA Treated Water Connection and a Preliminary Design Report for the Clearwell Replacement Project. Staff discussed the contracting strategy and determined that the most effective and efficient approach to implement the program is a phased approach. The program management services were divided into several agreements for each phase of each project. The phased approach allows for a more accurate scope and fee proposal by having the information from the previous phase and the requirements for the following phase available to develop the proposal. The scope of the first agreement for program management services consisted of program planning and program management administration of the planning phase for the Clearwell Bypass Project. An agreement with Kennedy/Jenks was awarded by the City Manager in the amount of $49,900 on September 1, 2020. On November 17, 2020, the first amendment to the agreement with Kennedy/Jenks was authorized by the City Council to increase the agreement amount to $1,607,294. The scope of this amendment consisted of program management administration of the pre-design phase and program pre-design work. The pre-design work consisted of preparing a Planning Study for the SDCWA Treated Water Connection and a Preliminary Design Report for the Clearwell Replacement Project. These documents have further defined the design requirements of the two projects, therefore facilitating the development of a more accurate scope and fee for design level program management services. As we make progress with the Program, we will continue to bring the various phases of the various projects to City Council for approval. Following the phased approach and having completed the design of the Clearwell Bypass Project, we now have a better understanding of the construction management and inspection services required to construct the plans and specifications developed. To advance the Program, approval is requested for a second amendment to the agreement with Kennedy/Jenks, in the amount of $921,092. This will bring the agreement to a not-to-exceed amount of $2,528,386. The scope of the second amendment includes inspection and program management services for the Clearwell Bypass Project. Recommended Action: It is recommended that the City Council approve the Second Amendment to the Agreement for Program Management Services, RFQ No. 20-001 to Kennedy/Jenks Consultants, Inc. and authorize the City Manager to execute the necessary documents. 2 of78 July 20, 2021, Item #20Discussion: The Lester J. Berglund Water Treatment Plant (WTP) Clearwell is a ten million-gallon storage reservoir that stores the treated water produced at the WTP prior to discharge into the water distribution system. Having been built in 1964, the Clearwell has reached the end of its useful life and in order to replace it, the clearwell will need to be taken out of service and bypassed. To address this need, and incorporate redundancy in the potable water system, the City has undertaken a significant water infrastructure improvement program. The Program includes the Clearwell Bypass Project, which is an enabling project for the replacement of the aging Clearwell; the Clearwell Replacement Project, which consists of replacement of the WTP's 10 million-gallon Clearwell; and addition of the City of Poway's first treated water connection with San Diego County Water Authority (SDCWA). To ensure adequate resources for the successful development and completion of the Program, the City requested the services of a program management firm that acts as an extension of City staff. The Clearwell Bypass Project consists of two temporary storage tanks, a temporary pump station, a temporary pressure regulating station, bypass pipelines and appurtenances. The bypass system has been designed and will start construction following the award of construction contract to the lowest responsible bidder, which is also being brought before the City Council at this July 20, 2021 Council Meeting. Specific experience and expertise in inspection and construction management services are needed during the construction phase of the Clearwell Bypass Project. Kennedy/Jenks is able to provide such services for the construction of the bypass system for the duration of construction to ensure conformance with the contract documents, as well as City standards and regulations. Kennedy/Jenks will also engage a sub-consultant, Ninyo & Moore, for specialty inspections and geotechnical materials testing. Kennedy/Jenks' construction management team will prepare a Construction Management Manual and quality review checklists and will participate in bi-weekly coordination meetings to monitor the progress of construction. They will also assist in any change order negotiations with the contractor assigned to the project and ensure adherence to the construction schedule and budget. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA) Fiscal Impact: Sufficient funds are budgeted in the Capital Improvement Program for Program Management Services (WTR0027, WTR0028, and WTR0029), to authorize the Amendment in the amount of $921,092. Public Notification: None. 3 of78 July 20, 2021, Item #20Attachments: A. Agreement with Kennedy/Jenks Consultants, Inc. B. First Amendment to the Kennedy/Jenks Consultant Agreement for Pre-Design work C. Second Amendment to the Kennedy/Jenks Consultant Agreement for Construction Management and Inspection work Reviewed/ Approved By: Wendy serman Assistant City Manager 4 of78 Reviewed By: Alan Fenstermacher City Attorney City Manager July 20, 2021, Item #20City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of September, 2020, by and between the CITY OF POWAY (hereinafter referred to as "City") and Kennedy/Jenks Consultants. (hereinafter referred to as "Consultant'1). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform Program Management Services for a Capital Improvement Program (Project) related to major water delivery, storage and conveyance systems; and WHEREAS, Consultant is a(n) 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 CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 5 of78 ATTACHMENT A July 20, 2021, Item #205. 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. 2 6 of78 July 20, 2021, Item #20"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: [gJ 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest wi:i::-k of the City of Poway in a timely manner as required by law. Departme 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) 3 7 of78 July 20, 2021, Item #20years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 4 8 of78 July 20, 2021, Item #20( c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 5 9 of78 July 20, 2021, Item #20Consultant'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. 6 10 of 78 July 20, 2021, Item #20Contractor 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) 7 11 of 78 July 20, 2021, Item #20IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY KENNEDY/JENKS CONSULTANTS ATTEST: -rk •!!..~ ~ 'v(, 'p_~ APPROVED AS TO FORM: OL-1vfdt:. By:-------------Alan Fenstermacher, City Attorney 8 12 of 78 July 20, 2021, Item #20A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the process safety management services further described in the Scope of Services, 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. 8. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Schedule submitted which is included in this document as Attachment 2. Total fee is not to exceed $49,900. 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 September 1, 2020, and ending August 21, 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 additional one-year period upon approval in writing of the City Manager and Consultant. Each extension will be dependent on the appropriation of funds by the City Council. The maximum length of the Agreement can be up to four (4) years. (The length of the Agreement may vary depending upon the award of Agreement and the availability of Consultant to provide all necessary insurance and documentation to start work). The start date may vary depending upon the date of the City Council's acceptance of the new 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. 9 13 of 78 July 20, 2021, Item #20D. 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 $2,000,000 Bodily Injury and Property Damage combined each occurrence and $4,000,000 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 $5,000,000 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. 10 14 of 78 July 20, 2021, Item #20E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 15 of 78 11 City of Poway P.O. Box 789 Poway, CA 9207 4 Kennedy/ Jenks Consultants 9325 Sky Park Ct., Suite 300 San Diego, CA 92123 July 20, 2021, Item #20EXHIBIT "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) 16 of 78 (!)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 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. 12 July 20, 2021, Item #20(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: (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (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. 13 17 of78 July 20, 2021, Item #20(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to ( 1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543. 5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(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). 14 18 of 78 July 20, 2021, Item #20SIGNATURE SHEET Name of Proposer/ Company: Kennedy/Jenks Consultants, Inc. Address: 9325 Sky Park Ct., Suite 300 San Diego, CA 92123 Telephone No.: ( 858 ) 676-7500 Facsimile No.: (____§_§_§__) 292-1694 Email: __ K_e_it_hL_o_n_d_o_n@_K_e_n_n_ed_y_J_e_n_ks_._co_m ______________ _ State of California 42489 I · Consultant's License No. ___________ Classifications(s) Civi Engineer Expiration Date: March 31, 2022 Type of Firm (select one): D Individual D Partnership Ii] Corporation D M/WBE D Incorporated □Traded D Sole Owner D Other Department of Industrial Relations Registration Number: _1_0_0_00_0_9_7_2_5 ____ _ SSN or Federal ID Number: 94-214-7007 --------------------Receipt of Addenda:# 1 # __ # __ # ___ is hereby acknowledged. ~; W Initials By signing below, I attest that I am an authorized representative / agent, that I am authorized by my signature to bind this company contractually and certify under penalty of perjury the accuracy of the representations made on the Bid and related forms. DATE: 13 June 2020 SIGNATURE: 7c&!--PRINTED NAME: __ K_e_ith_Lo_n_d_o_n ________________ _ TITLE: President/CEO 19 of 78 July 20, 2021, Item #20NON-COLLUSION AFFIDAVIT To the City Council, City of Poway, California: The undersigned in submitting a proposal for performing the following work by Agreement, being duly sworn, deposes and says: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with such Agreement, for: PROGRAM MANAGEMENT SERVICES Business Name: Kennedy/Jenks Consultants, Inc. Business Address: 9325 Sky Park Ct., Suite 300 San Diego, CA 92123 Signature of Proposer: ~,+----"-~-.-c-...~-,....----Place of Residence: _....__ ________ _ Subscribed and sworn befor me this ___ _ ---r---------,State of California My commissi (This affidavit shall be executed by the successful Proposer in accordance with instructions in the Federal Requirements, but Proposer may execute the affidavit on this page at the time of submitting proposal.) 3 e.e_ 20 of 78 32 16 July 20, 2021, Item #20JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this ..1§_ day of _J_u_n_e ____ _ 20~ by -~____,::;...e_\-\--=-'h.:.._.:...__A_;_. __;h_· ~o-~_a._;_:_:a::;...;~-----------proved to me on the basis of satisfactory evidence to be the perso~who appeared before me. Signature OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Noll,)-co \h.1 s.\o(>...'.) (Title or descripUoo of attached document) A£ f\ &a. V ~-\ {TiUe or descripflon of attached document continued) (Seal) \ {)-tlo~a)~ Number of Pages __ Document Date. ___ _ Additional infonnation 20·15 Vers1or; www.NotaryC!asses.corn 800-873-9865 21 of 78 r~~;~~~~ s. K. STUART 1 u :~. · Commission No.21608"0 ~ ~ ~· ;'.;? NOTARY ?UBllC-CALIFORN!A -I ' · ruveRs1oe cou~----t "·••·•••' My Comm. Expires AUGU82_~ INSTRUCTIONS The wording of aH Jurats completed in California after January 1, 2015 must be in the form as sel forth within this Jural There are no exceptions. If a Jurat to be completed does not fo/Jcw this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a sepsrate JuaJt form such as th;s one with does contain the proper wording. In addition, the notary must requfre an oa(h or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation, If the document was previously signed, it must be re-.signed In front of the notary public during the Jurat process. • State and county information must be the state and county where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process is completed. • Print the name(s) of the document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal If a sufficient area permits, otherwise complete a different jurat form. ❖ Additional information Is not required but could help to ensure this jurat is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document with a staple. July 20, 2021, Item #20SUBCONSULTANT LIST If all work is to be done without Subconsultants, write "none" here: ______ _ Name under which Class/License Address of Office or Type of Work Subconsultant is Number Shop and Telephone No. Subconsultant Will Licensed Do Jennifer R. Mael, PE Not Applicable 9418 Mast Blvd, Hydraulic Analysis Mission Consulting Santee, CA 92071 Services 619-334-4099 Jeff Becker Not Applicable 3551 Ottawa Avenue Project Controls/ Clear Control Services San Diego, California 92117 Scheduling 858-232-6040 Amy L. Mila de la Roca Not Applicable 7578 El Cajon Boulevard Environmental Helix Environmental La Mesa, CA 91942 619-462-1515 Sarah Rossetto Not Applicable 1450 Frazee Rd Suite 200, Community Outreach Katz & Associates San Diego, CA 92108 858-452-0031 Gary Stine Not Applicable 3592 Desert Rose Drive Technical Advisor Stine Solutions Loveland, CO 80537 Water Authority (760) 703-6751 (cell) 1. Suppliers Name of Supplier Address & Telephone No. Type of Material 22 of 78 July 20, 2021, Item #20ATTACHMENT 1 DETAILED SCOPE OF WORK 1. Planning Program Administration (Task 1) 1.1. Data Collection & Review (included in Task 2.1) 1.2. Program Plan (Develop, Review, Evaluate, Monitor, Coordinate, Analyze and Report on the Projects Throughout the Program) 23 of 78 1.2.1. Meetings/Reporting 1.2.1.1. Meetings. This task includes attending and participating in a program kick-off/project workshop meeting (1 meeting/5 people/2 hours), bi-weekly coordination conference calls (5 meetings/1 people/1 hour), and other meetings (2 meetings/2 people/2 hours) as necessary. This task excludes the meetings specifically identified in Task 2. 1.2.1.2. Meeting Scheduling and Materials. KJ will schedule project meetings, create meeting agendas, and prepare meeting minutes. This task assumes preparation of meeting materials for the meetings included in Task 1.2.1.1, except for the bi-weekly coordination conference calls. 1.2.1.3. Monthly Progress Reports and Invoicing. KJ will prepare monthly progress reports and a summary of activities. This task assumes submittal of up to 2 monthly progress reports, which includes a summary of activities, budget, schedule and monthly invoicing, in a format requested by the City. 1.2.2. Master Program Schedule 1.2.2.1. Develop master program schedule & program phasing. KJ will develop the master program schedule, using MS Project, as necessary to track the phases of the proposed activities and projects at the appropriate level of detail and timing, including public outreach and CEQA activities. 1.2.3. Data & Document Management 1.2.3.1. Develop and implement a data/document structure & MS Teams page. KJ will coordinate the dissemination of data and studies to the City and other external consultants. This task assumes the use of the Microsoft Office 365 Teams environment as a project portal to post and share data and studies with City staff and external consultants. This task assumes that KJ will host the Teams site and will control/authorize access by the external parties. This task assumes that the City is already using Teams and the need for additional software purchases is not anticipated. 19 July 20, 2021, Item #202. Planning (Task 2) 2.1. Data Collection & Review. KJ will review available information pertaining to the initial phase of the Program as provided by the City. KJ will provide the request for information prior to the kick-off meeting to include applicable master plans, facilities plans, financial plans and budgets, studies, files, data, plans, and maps. If needed, KJ will acquire mylar drawings for scanning if those drawings have not been scanned. 2.2. Review of the Preliminary Design Reports (by others). KJ will provide review comments for the Bypass Tank PDR curre~tly being prepared by IEC. Also included with this task, KJ, with the assistance of Mission Consulting SeNices (assumed to be under separate contract with the City of Poway), will re-evaluate alternative tank sites for the 865 Pressure Zone. 2.3. Planning Efforts for Preliminary Design Reports 24 of 78 2.3.1. Treated Water Connection & Related Facilities. KJ will perform the following sub-tasks to initiate the preparation of a PDR (up to a 10% design level) suitable for project definition: • Pipeline alignment analysis • Pump station location and connection to utilities and proposed pipelines • Hydraulic design requirements • Evaluation to re-purpose existing City facilities 2.3.2. SDCWA Flow Control Facility. KJ, with support from Stine Solutions, will perform the following sub-tasks to initiate the preparation of the SDCWA Facility Planning Study in conjunction with the SDCWA: • KJ will conduct a kickoff meeting with City and SDCWA staff to discuss project objectives and request engineering, operational, environmental, and right-of-way requirements from both the City and the SDCWA. • KJ will review existing as-built drawings of the Ramona pipeline, recent operating flows to existing seNices along the Ramona pipeline, and anticipated changes in operation of existing FCF's along the Ramona pipeline by either the City of San Diego, Olivenhain MWD, or Ramona MWD. 20 July 20, 2021, Item #202.4. Storage Criteria Technical Memorandum 2.4.1. Revise and update the storage criteria for the future master planning analysis. KJ will manage and coordinate the work activities of Mission Consulting Services for this task. Mission Consulting Services, under separate contract with the City of Poway, will provide a Technical Memorandum to update the City's reservoir storage criteria for master planning analysis. 2.5. Hydraulic Model Update 25 of 78 2.5.1. For the proposed hydraulic model update, KJ will manage and coordinate the work activities of Mission Consulting Services for this task. Mission Consulting Services, under separate contract with the City of Poway, will provide a Model Update Technical Memorandum to document the procedures and calibration achievement levels for the City's hydraulic model update, including the verification of the model accuracy based on last 5 years of water demand data and evaluation of the maximum day water demands and peaking factors based on the last 5 years of water demand data. 21 July 20, 2021, Item #20N 1-z LU :iE :I: u s 12 C •...UIHbJ • ~ "1111S•'•1,-tol. J_ >, -0 a, ~ :x: !2 ...... ~ ...... tqn1 ...... , .. ., ft:l•J. "'•!l"to1i = pu1101f!,.p11,i:. lt'IINMIIO:l = -<•o.o:. Hl•l>OHW = 1'11•)1: ,.::.1.uts. tu11,1111ue ; llotU!f'I ~ tau • 11M1.uvelu11 1. ,.11.,..u,..,. ! IHtnJ Jo11r = .:: JUn■H'W ~ ,-ps--1113 :;: Jettct•M"f I ... ,~uJ;; IN::: .. ~~:~ i l"P~lkr3 -26 of 78 :. I :l I j ;. i ! I cl :. :II ~I ~, § ·1 r11 :,;I ;I ;; : I ! I ir~I 'T ~ § ~ .1 I I:; ~ ~I I I I I ! . , I ~ ;i[ ~ r :. 1: I :: I ~ r1 ~,r :. o. I :i/ !ii r1 :. ~ I I I !ii s: 21 ~ :. .. :. ~ !! I t: :.1 !l r r I ~ ~ i I I ::i S :. ~I :;; ~ ~ Ir :i1 :i ! i :;; !ii !ii !ii !ii ~ :. July 20, 2021, Item #20FIRST AMENDMENT TO STANDARD AGREEMENT FOR SERVICES THIS FIRST AMENDMENT TO THE CONTRACT (the "First Amendment") is made and entered into effective this 17th day of November, 2020, by and between the CITY OF POWAY (hereinafter referred to as "City") and Kennedy/Jenks Consultants, Inc. (hereinafter referred to as "Consultant"). RECITALS 1. CITY and CONSULTANT entered into that certain "STANDARD AGREEMENT FOR SERVICES," dated September 1, 2020, (the "AGREEMENT"), by which CITY and CONSUL TANT established the terms and conditions for providing services to CITY. 2. The AGREEMENT has a term of two (2) years, and further provides, inter a/ia, that the AGREEMENT may be extended for two additional one-year terms upon approval of the CITY's City Manager. 3. CITY and CONSUL TANT now agree to amend the compensation and reimbursement provisions of the AGREEMENT and increase the AGREEMENT amount from a not-to-exceed amount of $49,900 to a not-to-exceed amount of $1,607,294, revise the Scope of Work in accordance with Attachment 1, and amend the term of the AGREEMENT to terminate November 16, 2022. 4. This FIRST AMENDMENT TO STANDARD AGREEMENT FOR SERVICES (the '1FIRST AMENDMENT") is necessary to extend the term of the AGREEMENT and amend the reimbursement provisions of the AGREEMENT. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Section 1. Section B and Section C of EXHIBIT "A" ('SPECIAL PROVISIONS") of the AGREEMENT are amended to read as follows: 27 of 78 8. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Schedule submitted which is included in this document as Attachment 2. Total fee is not to exceed $1,607,294. Consultant1s 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 1 ATTACHMENT B July 20, 2021, Item #20incurred, 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 November 17, 2020, and ending November 16, 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 additional one-year period upon approval in writing of the City Manager and Consultant. Each extension will be dependent on the appropriation of funds by the City Council. The maximum length of the Agreement can be up to four (4) years. 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. Section 2. Except as otherwise amended by this FIRST AMENDMENT, all other terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this FIRST AMENDMENT to be executed the day and year first above written. CITY OF POWAY KENNEDY/JENKS CONSULTANTS (} Date: \'2 lot l '2oz_o Date: N DVbr-b'-r I g I '.2<. 'Z--o ATTEST: APPROVED AS TO FORM: By: (JL. ~-Alan Fenstermacher, City Attorney 2 28 of 78 July 20, 2021, Item #20ATTACHMENT 1 INTRODUCTION The following is a detailed scope of work for Kennedy Jenks Consultants (KJ) to provide Program Management services for the City of Poway (City) as an amendment to the current September 1, 2020 City of Poway Agreement for Services. The estimated hours and fee for Program Management services is provided in Attachment B. Our scope of work was organized to respond to the tasks outlined in the City's Scope of Services and your request for modifications, dated August 20, 2020. In addition, the scope of work was modified to reflect the preliminary planning work performed separately under the September 1, 2020 City of Poway Agreement for Services. The scope of work is separated by the following two primary tasks: Task 1-Program Administration and Task 2 -Pre-Design. The scope of work also includes a portion of Task 3 -Design Management for the bypass pipeline and tank facility only. As-needed tasks, for public outreach and evaluation of the emergency inter-connections with other water agencies is also provided. The primary tasks are further defined into sub-tasks based on the expectations and requirements stated in the RFP, our understanding of the Program, and our experience with similar programs. Technical Memorandum (TMs) developed for technical tasks are intended to be succinct documents to memorialize work performed and the Preliminary Design Reports (PDRs) are intended to serve as the bridging documents for the project delivery teams. A 10% level of design is assumed for the purpose of scoping and providing a basis for design, as described in the City's Scope of Services. For the final design engineering services provided by other consultants, the PD Rs, survey and right of way mapping will be used for informational purposes only and the final design engineering consultants will be required to review, validate and modify the PDRs, survey and right of way mapping as necessary and agreed to by the City, which will be their basis for final design. The final design engineering consultants will be solely responsible for all aspects of their project design. The agreement for Program Management services is assumed to have a duration of 15 months. During this period, a number of meetings will be scheduled, including but not limited to: (1) regularly occurring meetings with City staff, (2) presentations to the City Council at regulator meetings or specialty workshops, (3) recurring meetings with the City's outside consultants, (4) task kick-off meetings, (5) focused task meetings with the technical team, (6) technical workshops, (7) presentations of initial and final outcomes, (8) meetings with DOW, SDCWA and other agencies, (9) CEQA public hearings and (10) stakeholder workshops to solicit input from the community and/or potential project partners. All meetings and workshops will include an agenda, materials and minutes as deliverables. KENNEDY/JENKS CONSULTANTS, INC 29 of78 July 20, 2021, Item #20SCOPE OF WORK ASSUMPTIONS Our scope of work is based on the following Program assumptions: • Task 1 Program Administration, duration is 15 months (to match the duration of Task 2) • Task 2 Pre-Design, duration is 15 months (based on completion of a Mitigated Negative Declaration) • Key schedule considerations are as follows: o PDR completion of the SDCWA Treated Water Facilities prior to April 2021 o Defining the proposed projects (location and description of facilities) prior to the initiation of the CEQA analysis • Task 3 Design Management and Task 4 Construction Management are excluded, except where otherwise noted • The proposed facilities to be designed & constructed, via subsequent phases of work, will generally consist of three construction bid packages 30 of 78 o Package #1 -Clearwell Upgrades ■ Clearwell Bypass Pipeline -900 LF of 36,, welded steel pipeline {assuming final design is already under contract with IEC) ■ Bypass storage tank -(1) 2.5 MG tank located on the City' property, including site grading and connection to the clearwell bypass pipeline (assuming final design is already under contract with IEC) • The bypass tank is required to be operational prior to demolition of the clearwell facility ■ This package will include the demolition of the existing clearwell facility o Package #2 -Clearwell Replacement ■ {1) concrete tank, approximately 10 MG, with two separate cells • Site grading, paving and facility sizing will be dependent on the future determination of the storage requirements • Inlet, outlet & overflow connection piping ■ Package #1 is required to be completed prior to the start of Package #2 o Package #3 -Poway Treated Water Facilities • Treated water pump station -24 cfs capacity • Building with standby generator • Variable frequency drive pumps are acceptable • Site grading/paving ■ SDCWA Treated Water Connection/Flow Control Facility (to be designed & constructed by the City of Poway) • Flow Control Facility -assumes 24 cfs capacity available • Connected to the Ramona pipeline, potentially with a forebay facility 2 f<ENNEDY/JENKS CONSULTANTS, INC July 20, 2021, Item #20TO • Assumes no SDCWA system improvements • Pipeline from SDCWA FCF to the treated water pump station -approximately 4,000 LF of 36" welded steel pipeline ■ Pipeline from the treated water pump station to the clearwell tanks -approximately 2,500 LF of 36" welded steel pipeline, to be designed as a redundant pipeline facility • CEQA is based on preparing a notice of exemption for Package #1 & #2 and preparing a separate initial study and mitigated negative declaration (IS/MND) for Package #3 o The City will be the lead agency o A public scoping meeting will not be provided o Technical studies will be initiated during the pre-design phase, once the facility locations are finalized • NEPA is based on preparing a categorical exclusion, which satisfy the SWRCB's and Bureau of Reclamation's CEQA plus requirements, if required for Package #3 • Grant funding o Grant administration, after grant award, is included in Task 2 • Property acquisition services are not included in the scope of services • As-needed services, to be provided at the City's request consist of the following items: o Public outreach o Emergency inter-connection evaluation with adjacent water agencies FEE SCHEDULE ASSUMPTIONS Our fee schedule and not-exceed cost estimate were based on KJ's 2020 billing rates and the following assumptions: • Billing rates included in our not-to-exceed cost estimate will be maintained for work performed in this scope of work and subsequent authorizations until August 31, 2022. At that time, we will submit a request for escalation to our billing rates and the overall not-to-exceed cost, as appropriate, utilizing the methodology contained in Page 1, Section 1 of the City's Request for Qualifications, dated May 2020. • KJ's not-to-exceed cost estimate is based on minimal program support provided by City staff. It is assumed that the City's Principal Civil Engineer will function as the City Program Director/Coordinator. It is also assumed that minimal support staff would be provided by the City. • Surveying and potholing services provided by KJ will be based on prevailing wage rates, in effect at the time of the performance of the services. 3 KENNEDY/JENKS CONSULTANTS, l~JC 31 of 78 July 20, 2021, Item #20:I / j DETAILED SCOPE OF WORK 1. Program Administration (Task 1} 32 of78 1.1. Data Collection & Review (included in Task 2.1) 1.2. Program Plan (Develop, Review, Evaluate, Monitor, Coordinate, Analyze and Report on the Projects Throughout the Program} 1.2.1. Meetings/Reporting 1.2.1.1. Meetings. This task includes attending and participating in bi-weekly coordination conference calls (33 meetings/2 people/1 hour), City Council meetings (1 meeting/2 people/2 hours}, and other meetings (3 meetings/2 people/2 hours} as necessary. This task excludes the meetings specifically identified in Task 2 and the as-needed services. 1.2.1.2. Meeting Scheduling and Materials. KJ will schedule project meetings, create meeting agendas, and prepare meeting minutes. This task assumes preparation of meeting materials for meetings included in Task 1.2.1.1. 1.2.1.3. Monthly Progress Reports and Invoicing. KJ will prepare monthly progress reports and a summary of activities. This task assumes submittal of up to 15 monthly progress reports, which includes a summary of activities, budget, schedule and monthly invoicing, in a format requested by the City. 1.2.2. Master Program Schedule 1.2.2.1. Develop master program schedule & program phasing. KJ will develop the master program schedule, using MS Project, as necessary to track the phases of the proposed activities and projects at the appropriate level of detail and timing, including public outreach and CEQA activities. 1.2.2.2. Perform monthly critical path analysis and reporting. KJ will provide a program schedule that is updated monthly to produce an accurate critical path and will also provide milestone reporting to track the critical milestones related to the critical path. 1.2.2.3. Perform monthly program resource analysis. KJ will resource load the program schedule to facilitate cash flow forecasting. The resources will be updated on a monthly basis to evaluate if adequate resources are provided. The program schedule will be cost loaded for the appropriate resources to facilitate cash flow projections on a monthly basis. 1.2.3. Quality Plan & Administrative Procedures 1.2.3.1. Prepare Management & Administrative Support Plan. KJ will prepare and implement a Management & Administrative Support Plan for the Program which will define the administrative procedures to be used. 1.2.3.2. Prepare QA/QC Plan. KJ will prepare and implement a Quality Plan for the Program, including conducting quarterly audits. 4 KENNEDY/JENKS CONSULTANTS, INC July 20, 2021, Item #2033 of78 1.2.3.3. Conduct Risk Management Analysis. KJ will develop a risk management process for the Program. The risk management process will include the following: • Prepare an initial risk register identifying potential risk factors, along with the impact, likelihood, and potential mitigation measures for each of the risks. • Conduct bi-monthly risk management meetings to discuss work done to mitigate high impact/high likelihood risks and to identify other potential risks. The meetings are assumed to be two (2) hours in length for the duration of the program. • Prepare a risk management report following each meeting that includes an updated risk register, a list of mitigation activities over the previous two months and a list of planned mitigation activities over the next two months. 1.2.3.4. Conduct Change Management Analysis. KJ will manage and track changes in scope and/or budget and maintain a change log. This task includes the development of a change log and a change management workflow process. 1.2.4. Data & Document Management 1.2.4.1. Develop and implement a data/document structure & MS Teams page. KJ will co9rdinate the dissemination of data and studies to the City and other external consultants. This task assumes the use of the Microsoft Office 365 Teams environment as a project portal to post and share data and studies with City staff and external consultants. This task assumes that KJ will host the Teams site and will control/authorize access by the external parties. This task assumes a data/document process workshop, led by KJ, to understand the City's requirements for the Teams' environment, security, objectives, and reporting priorities. The outcomes of the workshop will be used to develop a Program Teams Site for enhanced document management including project data migration, finalization and implementation of site hierarchy, permissions and access. This task assumes that the City is already using Teams and the need for additional software purchases is not anticipated. 1.2.5. Program Budget & Cash Flow Projection 1.2.5.1. Develop master program budget and perform monthly budget tracking and cash flow analysis. KJ will develop a master program budget using Microsoft Excel to develop and track the program budget, projected costs and expenditures. 1.2.5.2. Prepare Project Level Cost Estimates. KJ will provide project level capital and O&M cost estimates as part of Task 2.5. --• -•• --- --- •••-•••- •• ·¥ - •• •• .. •••••-••••v•••-••-• KENNEDY/JrnKS cmlSULTANTS, INC July 20, 2021, Item #201.2.5.3. Assist with potential financing activities. KJ will provide assistance to the City regarding potential financing, bond sales or other financial related activities for Program funding (see Task 2.9 for additional details). We assume a total of 120 hours of support for this task. 2. Pre-Design (Task 2) 2.1. Data Collection & Review. KJ will review available information pertaining to the Program as provided by the City. KJ will provide the request for information prior to the kick-off meeting to include applicable master plans, facility plans, financial plans and budgets, studies, files, data, plans, and maps. If needed, KJ will acquire mylar drawings for scanning if those drawings have not been scanned. 2.2. Review of the previously completed Preliminary Design Reports. This task is excluded from the scope of work as it was previously completed. 2.3. Geotechnical desktop review and assessment. KJ will review the available geotechnical data and reports within the project area to assess the geotechnical design requirements for the final design activities. Available geotechnical reports will be reviewed and assessed in the context under which the project site presently exists and KJ will offer our professional opinion on the relevant information as it relates to planned work and the potential need for supplemental data to support the pre-design activities and the solicitation of final design services. The PD R's prepared under Task 2.5 will include a description of the regional geology, general descriptions of the geologic units, groundwater considerations, recommendations/suggestions for supplemental geotechnical data collection and analysis to more succinctly define site conditions relevant to the planned work and potential geologic hazards that could affect the projects. 2.4. Base Mapping & Utility Verification 34 of 78 2.4.1. Provide aerial surveying and topography for the project areas. O'Day Consultants, as a subconsultant to KJ, will provide survey and right of way mapping services to develop aerial imagery, topographic and right-of-way information necessary (exclusive of utilities) to define the proposed facility locations in Task 2. Although this survey and mapping information will be provided for the final design engineer(s} information, the survey and mapping services required to support the final design in Task 3, will be the sole responsibility of the final design engineer(s). It is assumed that the preparation legal documents will not be required for property or easement acquisition. KENNEDY/JENKS CONSULTANTS, INC July 20, 2021, Item #202.4.2. Provide utility verification of existing facilities (fatal flaw analysis) prior to final design. KJ will contact Underground Service Alert to determine the utility owners within the project limits and send formal requests to each utility owner requesting record drawings and any future utility plans. KJ will prepare a master list of utility verifications to be performed by the final design engineers. KJ will perform a visual inspection of the project limits with City staff to identify any constraints. KJ will prepare a potholing plan based on the provided record drawings for the fatal flaw analysis. Underground Solutions, Inc. (USI), as a subconsultant to KJ, will provide potholing services. For scope purposes, fifteen (15) potholes will be performed with a maximum depth of 10 feet. A pothole report will be prepared documenting the potholed utility depth from ground surface to the bottom of pipe, pipe material and diameter. The pothole location will be marked in the field and will be surveyed to determine the coordinates of the pothole location. USI will obtain encroachment permits from the City. It is assumed that traffic control will be in accordance with the Watch Manual and traffic control plans are not required. Perma-Patch will be used for asphalt restoration. It is assumed that the final design engineer will be solely responsible for utility research, detailed plotting of existing utilities, and existing utility conflict resolution. 2.5. PDR/Basis of Design Report (includes design criteria & standards) 35 of78 2.5.1. Package #1 -Clearwell Upgrades. This task is excluded from the scope of work as this work is being prepared by IEC. 2.5.2. Package #2 -Clearwell Replacement. KJ will prepare a PDR (up to a 10% design level) suitable for project definition, preliminary environmental assessment and solicitation for final design services. The PDR will include the following topics: • Design criteria, including preliminary assessment of likely geotechnical/soil conditions in the project area based on previously available information • Code and standard reference requirements • Regulatory/permitting requirements • Tank location and connection of new inlet, outlet, drain and overflow piping to existing systems • Tank design considerations • Preliminary location of construction area, staging area, and site access for contractor usage • Planning level implementation plan, phasing and schedule • Preliminary operational strategies • Planning level construction cost estimates and O&M cost estimates • Calculations KENNEDY/JENf<S CONSULTANTS, INC July 20, 2021, Item #2036 of 78 • Preliminary drawings o Civil Site Plan/Piping Plan o Structural Floor Plan o Civil/Structural Section The preparation of the PDR for Task 2.5.2 is based on the following assumptions: • The revised March 2020 Evaluation of Clearwell Alternatives, prepared by Infrastructure Engineering Corporation, will be incorporated into this PDR. • Reservoir sizing will be confirmed by KJ with the City. • Surveying and mapping will be provided under Task 2.4.1. • Existing available geotechnical information is relevant to the immediate area of the project work. • Preliminary pipeline sizing and working pressure will be provided. Surge analysis will not be performed during predesign phase. • Existing City-owned utility information, preferably recorded in GIS, will be provided by the City. • Preliminary utility research will be performed under Task 2.4.2. • A construction cost estimate will be prepared as a Class 4 estimate. • The estimated design and construction phase durations will be included. • It is assumed that the delivery of the tank design will be through a conventional Design-Bid-Build procurement approach, and thus the level of completion for the PDR will be to a suitable level for this type of procurement method. Specifications, bid documents, vendor pre-qualification, and equipment selections are not included under this task. • It is assumed that three (3) task-specific meetings are included in this task, to define the tank sizing, to discuss the tank design requirements and to review the draft PDR comments. Draft and Final PDR documents will be provided in both hardcopy (up to S} and electronic (PDF) formats. 2.5.3. Package #3 -Treated Water Connection & Related Facilities. KJ, with support from Mission Consulting Services, will prepare a PDR (up to a 10% design level) suitable for project definition, preliminary environmental assessment and solicitation for final design services. The PDR will include the following topics: • Design criteria, including preliminary assessment of likely geotechnical/soil conditions in the project area based on previously available information • Code and standard reference requirements • Regulatory/permitting requirements • Pipeline alignment analysis • Forebay location and sizing, if required • Pump station location and connection to utilities and proposed pipelines ------------------······--·-···------------------------------· ---------8 KENNEDY/JENKS CONSULTANTS, INC July 20, 2021, Item #2037 of78 • . Pump station design considerations, including preliminary pump sizing, valve selection and configuration, electrical schematic, instrumentation and controls P&ID and flow diagram • Hydraulic design requirements • Evaluation to re-purpose existing City facilities • Preliminary location of construction area, staging area, and site access for contractor usage • Planning level implementation plan, phasing and schedule • Preliminary operational strategies • Planning level construction cost estimates and O&M cost estimates • Calculations • Preliminary drawings o Pump Station • Civil site plan/yard piping • Mechanical plan • Electrical single line diagram • l&C P&ID o Pipelines • Overall aerial with known utilities ■ Typical street/pipe cross sections • Major crossings (i.e., SDCWA First Aqueduct) The preparation of the PDR for Task 2.5.3 is based on the following assumptions: • KJ will identify and evaluate up to two (2) alternative alignments for each of the two (2) pipelines focusing on critical crossings of roadways, drainage courses and major utilities. The alternatives will be evaluated by considering up to ten criteria, to be determined in conjunction with the City. It is assumed that the pipeline routing and alignment analysis will be based on existing available right of way and ensuring that the pipelines will provide water system redundancy. • A hydraulic profile for the pipeline will be developed for the purposes of determining pump station design criteria. • Existing available geotechnical information is relevant to the immediate area of the project work. • Preliminary pipeline sizing and working pressure will be provided. Surge analysis will not be performed during predesign phase. • Preliminary design drawings will depict the plan view alignment following the preferred pipeline alignment and pump station location. • Surveying and mapping will be provided under Task 2.4.1. KEf\JNEDY/JENl<S CONSULTANTS, INC July 20, 2021, Item #2038 of78 • Existing City-owned utility information, preferably recorded in GIS, will be provided by the City. • Preliminary utility research will be performed under Task 2.4.2. • The alignment analysis will identify any known areas requiring special construction (e.g. tunneling). • A construction cost estimate will be prepared as a Class 4 estimate. • The estimated construction duration of the recommended pipeline alignment and pump station will be included. • It is assumed that the delivery of the final design will be through a conventional Design-Bid-Build procurement approach, and thus the level of completion for the PDR will be to a suitable level for this type of procurement method. Specifications, bid documents, vendor pre-qualification, and equipment selections are not included under this task. • It is assumed that four (4) task-specific meetings are included in this task, to define the alignment evaluation and pump station design criteria, to discuss the results of the hydraulic design analysis, to discuss the findings of the alignment study and to review the draft PDR comments. Draft and Final PDR documents will be provided in both hardcopy (up to 5) and electronic (PDF) formats. 2.5.4. Package #3 -SDCWA Flow Control Facility. KJ, with support from Stine Solutions, will prepare a PDR/Planning Study (up to a 10% design level) suitable for project definition, compliance with SDCWA requirements, preliminary environmental assessment and solicitation for final design services. The PDR will the following topics: • Design criteria, including preliminary assessment of likely geotechnical/soil conditions in the project area based on previously available information • Code and standard reference requirements • Regulatory/permitting requirements • SDCWA system analysis, including surge analysis • Flow control facility {FCF) location and connection to utilities and proposed pipelines • Hydraulic design requirements • Preliminary location of construction area, staging area, and site access for contractor usage • Planning level implementation plan, phasing and schedule • Preliminary operational strategies • Planning level construction cost estimates and O&M cost estimates • Calculations • Preliminary drawings KENNEDY/JENKS CONSULTANTS, INC July 20, 2021, Item #2039 of 78 TO \_,1 11.'l o FCF ■ Civil Site Plan/Major connection piping ■ Mechanical plan ■ l&C-P&ID The preparation of the PDR for Task 2.5.4 is based on the following assumptions: • KJ will conduct a kickoff meeting with City and SDCWA staff to discuss project objectives and request engineering, operational, environmental, and right-of-way requirements from both the City and the SDCWA. • Surveying and mapping will be provided under Task 2.4.1, up to the location of the FCF. • Existing available geotechnical information is relevant to the immediate area of the project work • KJ will review existing as-built drawings of the Ramona pipeline, recent operating flows to existing services along the Ramona pipeline, and anticipated changes in operation of existing FCF's along the Ramona pipeline by either the City of San Diego, Olivenhain MWD, or Ramona MWD. • KJ will evaluate pipeline performance for typical winter and summer months by obtaining actual deliveries for each FCF for one week in each of Nov, Dec, Jan (winter) and July, Aug, Sept (summer) for the last three years of record to determine the hydraulic operating conditions for the Ramona Pipeline. • KJ will superimpose water demands from the City and determine what improvements are required to provide the requested flow capacity. • Preliminary utility research will be performed under Task 2.4.2. • KJ will develop alternatives in conjunction with the hydraulic analysis, to determine the location and size of the FCF. The alternatives analysis will be limited to two locations for the FCF, adjacent to Ramona #3 and another location to be determined. The type of FCF to be analyzed will be a stand-alone FCF or a new combined Ramona #3 & Poway FCF. • KJ will perform a preliminary hydraulic analysis and calculations from the SDCWA's second aqueduct for various combinations of flows to each service connection and the required pipeline sizes. • A construction cost estimate will be prepared as a Class 4 estimate. • The estimated design and construction duration of the FCF will be included. • In addition the kick-off meeting, it is assumed that KJ will conduct four (4) workshops with City and SDCWA staff for this task, to define evaluation criteria and O&M requirements, review the preliminary alternatives analysis (City only), review the preliminary alternatives analysis {City and SDCWA}, and to review the draft PDR comments. Draft and Final PDR documents will 11 KENNEDYiJENl<S CONSULTANTS, INC July 20, 2021, Item #20Divi be provided in both hardcopy (up to 5 to both the City and SDCWA) and electronic (PDF) formats. 2.6. Storage Criteria Technical Memorandum & Capacity Assessment Technical Memorandum 2.6.1. KJ will review and coordinate the work, under separate contract between the City and Mission Consulting Services, to provide a Technical Memorandum to update the City's reservoir storage criteria for master planning analysis, as follows: • Coordinate Mission Consulting Services storage analysis of the City's distribution system. • Review the proposed changes to the storage criteria. • Review and provide one (1) round of review comments for the Technical Memorandum documenting the storage criteria, any proposed changes, and the results of the storage analysis using the existing and proposed criteria, including coordinating the submittal of the final Technical Memorandum. 2.6.2. KJ will review and coordinate the work, under separate contract between the City and Mission Consulting Services, to provide a Technical Memorandum to evaluate the City's capacity assessment for compliance with Title 22 Section 64554, as follows: • Coordinate and review the assessment analysis. • Review and provide one (1) round of review comments for the Technical Memorandum documenting the capacity assessment, including coordinating the submittal· of the final Technical Memorandum. 2.7. Hydraulic Model Update/Planning/Water Quality Modeling 40 of78 2.7.1. KJ will review and coordinate the work, under separate contract between the City and Mission Consulting Services, to update the City's hydraulic model and prepare a Model Update Technical Memorandum to document the procedures and calibration achievement levels for the City's hydraulic model update, as follows: • Coordinate and review the hydraulic model update. • Review and provide one (1) round of review comments for the Technical Memorandum documenting the calibration of the hydraulic model update, including coordinating the submittal of the final Technical Memorandum. 2.7.2. Mission Consulting Services, as a subconsultant to KJ, will update and run the City's hydraulic model for the treated-water connection analysis, which will be completed as follows: • Attend one (1) meeting with the City and KJ to discuss the proposed treated-water connection with SDCWA. KENNEDY/JENKS CONSULTANTS, INC July 20, 2021, Item #2041 of 78 • Prepare an analysis of the proposed treated water connection with SDCWA. Using the previous analysis as a reference, add the connection to the hydraulic model, along with any proposed piping and appurtenances that would be required. Analyze the City1s system under three (3) separate scenarios. These are anticipated to be: o Base-loading the WTP and peaking from SDCWA o Base-loading SDCWA and peaking from the WTP o Combination/other • Prepare a blending analysis of the three treated-water connection scenarios showing the distribution of the SDCWA water into the City's system. • Prepare a draft Technical Memorandum to document the findings of the treated-water connection modeling results. Respond to one (1) round of comments and submit a final Technical Memorandum. 2. 7.3. Develop operational model of the Treatment Plant and the proposed SDCWA FCF. KJ, with the support of Stine Solutions, will provide a Technical Memorandum to determine the sizing and how the proposed flow control facility will be operated in conjunction with the Treatment Plant. The operational model would consist of calculating monthly operating expenses for a range of flows from the FCF. For each flow rate from the FCF a corresponding flow and variable cost for treatment at the plant would be calculated. It is envisioned that a simple spreadsheet model would include the following: • For the flow from the FCF o Pumping cost {energy) for the new pump station o The treated water surcharge from the SDCWA (currently $295/AF) • For flow through Treatment Plant o Pumping cost for raw water delivery o Plant electrical and Chemical costs per acre foot Neither construction costs associated with new facilities nor fixed costs associated with operation and maintenance of Treatment Plant or any pump station would be included as these are fixed and therefore the same for all scenarios. The 12-month simulations would take each month's flow demand and allocate to the new FCF or the Treatment Plant. A series of runs assuming constant flow from the FCF would be initiated. • One series with constant flow from the FCF at three separate flow rates • One series with variable flows from the FCF at 10%, 20%, 30% and 40% of each month's total demand 13 KENNEDY/JENKS CONSULTANTS, INC July 20, 2021, Item #20Results would be presented in cost per month and total cost per year. Completion of model will require: • Coordination meeting with City staff, including treatment plant and system operators, to develop pertinent facility cost information • Selection of the monthly demands • Preliminary hydraulic analyses to determine available head at FCF • Preliminary hydraulic analyses of the delivery pipeline to clearwell (alternative diameters) • Developing the preliminary sizing of the treated water pump station • Initial analysis and review with City staff, including treatment plant and system operators, and the SDCWA (two meetings) • Finalize runs and prepare technical memorandum • Technical memorandum review meeting with City staff, including treatment plant and system operators 2.8. Water Quality Planning 2.8.1. Provide Water Quality Planning/Support. In conjunction with Task 2.7.1 & 2.7.2, KJ, with assistance from Trussell Technologies, will provide a Technical Memorandum to evaluate the potential water quality issues associated with blending SDCWA treated water with City's water produced from the Berglund Water Treatment Plant for the various operating scenarios for compliance with drinking water regulations and minimizing operating risks. 2.9. Provide Potential Funding Assistance 42 of 78 2.9.1. Identify potential funding sources. KJ will prepare a list of potential funding sources, such as State or Federal Grant or Loan programs and infrastructure funding source options, including the required submittal requirements. 2.9.2. Prepare funding applications. KJ will development the required materials and assist the City in completing and submitting the required applications. For scope purposes, it is assumed that KJ will prepare one federal grant application (Bureau of Reclamation WaterSMART or similar), one SWRCB Drinking Water State Revolving Fund application and one state grant application (Proposition 1 Integrated Plan Implementation Grant or similar). This task will include processing the applications through completion of the funding agreements. 2.9.3. Provide funding documentation. If the issuance of bonds is considered by the City, KJ will assist the City as needed in developing construction estimates, schedules, exhibits, etc. For scope purposes, this subtask assumes one loan application, to iBank, will be prepared and the project engineering related information will be prepared under Task 2.5. It is assumed the financial information needed for the iBank application will be provided by the City. Other Program financial support will be provided by Task 1.2.5.3. 14 KENNEDY/JENKS CONSULTANTS, INC July 20, 2021, Item #202.9.4. Provide recommended funding plan. KJ will prepare a memorandum summarizing the recommend approach for funding the proposed Program. KJ will prepare a memo to summarize available funding opportunities with details on the anticipated timelines for applications, requirements applicable to each program, the process and level of effort to apply, and level of funding possible. The memo will conclude with a matrix matching projects/project elements to potential funding programs. 2.9.5. Grant Administration. KJ will provide grant administration, after execution of the grant agreements in Task 2.9.2. It is assumed that the grant administration duration is 3 years. The estimated cost is $2,500/month for the Bureau of Reclamation and Proposition 1 grants combined and $3,800/month for the State Revolving Fund grant which also includes labor compliance and monitoring. 2.10. Develop Preliminary Permitting Plan. As part of Task 2.5, KJ will develop a preliminary permitting plan that identifies all permits required for changes to the City's Drinking Water Supply Permit and for the construction of the Program facilities including information related to the cost, duration and scope for the permit applications. KJ will provide support and documentation required to assist Poway staff with long lead permit applications, i.e. 6 months or longer to obtain. All other permits identified will be coordinated by KJ and obtained by the final design engineer as part of the future Task 3. It is assumed that the City will pay for all permit fees. 2.11. Provide CEQA/NEPA Services. HELIX, as a subconsultant to KJ, will provide the CEQA/NEPA services as described below. It is assumed that all work outlined in HELIX's scope will be completed within 12 months from the date of receiving the notice to proceed from the Program Manager, and that up to 6 hours per month of HELIX's Project Manager time will be required for management and coordination efforts. HELIX's Project Manager and key members of the project team {as appropriate) will participate in team monthly conference calls with the project team to facilitate the exchange of information, enhance coordination among the team members, and provide a progress update on technical analyses and the CEQA document. Monthly calls are assumed to occur during the CEQA process, which is expected to last up to 12 months. Up to 2 face-to-face meetings of HELIX's Project Manager with staff from the project team are also included. A total of 24 hours of HELIX's Project Manager time and up to 8 hours of technical specialist time to participate in teleconferences and meetings with the project team is included. 43 of 78 2.11.1. Technical Studies/Environmental Assessment/Initial Study. Technical studies will be completed based on available digital baseline data and project plans. To the extent that necessary project design information is not yet available, KJ, HELIX, and other project team members will develop reasonable assumptions to use in the technical analyses. Technical studies will include analysis of a single version of the project description. HELIX will submit an electronic copy of each draft July 20, 2021, Item #2044 of78 report described below in subtasks of Task 2.11.1 to the project team for review. HELIX will revise the draft reports based on a single set of consolidated comments on each report provided by the project team and submit an electronic version of the reports to the project team for submittal to the City. HELIX will address one additional round of minor comments for a total of three iterations of each report. 2.11.1.1. Aesthetics/Visual Simulations. HELIX will prepare two visual simulation graphic suites showing the proposed SDCWA turnout & flow control facility and pump station. Each graphic suite will include three views from a single point showing (a) the existing condition, (b) the proposed project condition immediately after construction, and (c) the anticipated condition approximately 10 years following project construction, after proposed landscaping has matured. The simulations will be prepared by creating a 3D model of the proposed site improvements and integrating that data with photographs taken from established photo points. It is anticipated that photo points for the simulations will be located at the intersection of Espola Road and Green Valley Truck Trail for the FCF, and a location to be determined for the pump station. Wireframe models of the views from the proposed photo points will be provided for project team approval. Upon approval, georeferenced pre-project photographs of the existing conditions will be collected. Final visual simulations and a map identifying the viewpoints will be incorporated into the CEQA document; a separate report will not be completed as part of this task. 2.11.1.2. Air Quality, Greenhouse Gas, and Energy Analysis. HELIX will prepare an air quality technical letter report. HELIX will quantify the project's construction and operation-related energy consumption, criteria pollutant, and greenhouse gas emissions using an approved methodology such as the California Emissions Estimator Model (CalEEMod) or Roadway Construction Emissions Model (RCEM). Maximum daily criteria pollutant and annual GHG emissions will be compared to the San Diego Air Pollution Control District's Thresholds of Significance. In the event that emissions exceed these adopted thresholds, mitigation measures will be identified to reduce impacts. The technical letter report will also include an air quality conformity analysis to meet the CEQA-Plus requirements for the federal Clean Air Act (CAA). An air quality conformity analysis is required for criteria pollutants for which the San Diego Air Basin (SDAB) is classified non-attainment or maintenance. A determination will be made whether annual emissions are below the de minimis level for the specified criteria pollutants. If the emissions exceed these thresholds, then HELIX will determine if the project conforms to the State's July 20, 2021, Item #2045 of78 Implementation Plan. Exposure to toxic air contaminants, odors, and consistency with regional air quality plans will be addressed qualitatively. If potential significant impacts are identified, HELIX will recommend appropriate mitigation measures. 2.11.1.3. Biological Resources Technical Study. General Biological Survey and Preliminary Jurisdictional Delineation. HELIX will conduct a general biological survey to map existing vegetation communities, preliminarily map potentially jurisdictional aquatic resources, evaluate habitat suitability for special-status species, and note other sensitive biological resources that occur or may occur on site and in the immediate vicinity. Biological Resources Technical Report. HELIX will review the proposed conceptual development areas of the project against the biological survey results to identify development constraints and will provide recommendations for avoidance/minimization to the project team via email. The recommendations will identify areas of the site to avoid, if feasible, and assist the project team's preparation of the preliminary construction drawings for submittal to the City. Following approval of the Preliminary Drawings and per project team authorization, HELIX will prepare a biological resources technical report as part of the project environmental review by the City. The report will describe the assessment survey methods and results, the potential for sensitive plants and animals to occur, calculate and evaluate project impacts, identify potential issues for impacting sensitive resources, and recommend practicable mitigation measures in accordance with Appendix G of the CEQA Guidelines. Based on the project affiliation with the San Diego County Water Authority (SDCWA), the report will also discuss the SDCWA Subregional Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP; SDCWA HCP) and the Poway Subarea Habitat Conservation Plan/Natural Community Conservation Plan {Poway HCP), as applicable. Additionally, to demonstrate compliance with NEPA and conformance with federal policy, HELIX will incorporate specific biological resources analysis into the technical report to support review of the project pursuant to CEQA-Plus requirements. As-Needed Support. This task includes 12 hours for HELIX Biology Project Manager and Principal Biologist time to provide as-needed support at the specific direction of the project team to assist in conceptual mitigation planning with SDCWA and the City, prepare additional materials, cost estimates, or participate in phone/e-mail correspondence and attend meetings. ----·-············--•----·····-·· ··----···--·-··-·-·--·-··-·---·--··--········--···-······------17 KENNEDY/JENKS CONSULTANTS, INC July 20, 2021, Item #2046 of 78 i( 2.11.1.4. Cultural Resources. HELIX will conduct a cultural resources survey that will include the following: work with the project team and regulatory agency staff to define the cultural resources Area of Potential Effect (APE); obtain and review a records search from the South Coastal Information Center (SCIC; assumed to not exceed $500}, the California Historical Resources Information System (CHRIS) repository for San Diego County; contact the Native American Heritage Commission (NAHC) for a Sacred Lands File search and list of Native American contacts; conduct outreach by mail to the Native American contacts provided by the NAHC; and conduct a reconnaissance-level survey of the proposed project components. A Native American tribal monitor will be included in the field survey, as a subcontractor to HELIX. The results of the archaeological survey are assumed to be negative. Should archaeological sites be encountered during the reconnaissance-level survey, additional documentation and/or testing may be required. The scope and cost of such additional work would be based on the extent and nature of cultural material found and will require a contract modification. Upon completion of the cultural resources survey, HELIX will prepare a draft cultural resources technical report addressing both CEQA and Section 106 of the National Historic Preservation Act, making it appropriate to support a CEQA or CEQA Plus document, as well as a NEPA document. The report will detail the methods and results of the cultural resources survey, as well as anticipated project impacts and recommendations for additional cultural resource investigations or mitigation measures, as necessary. This scope assumes that the City will take the lead in the Native American consultation process required by Assembly Bill (AB) 52. HELIX will support the City's efforts, including, if requested, incorporating the above-noted Native American outreach into the AB 52 consultation process and attending up to two meetings/conference calls with the City and Native American tribal representatives. 2.11.1.5. Noise/Vibration Impact Analysis. HELIX will review preliminary project documentation and prepare a site map identifying potential areas for significant noise impacts. This will include specification of the applicable City noise requirements for the project-specific function. Preliminary planning will identify expected project construction and operational noise impacts and provide reasonable and feasible mitigation measures, if needed. If noise-sensitive species are determined to be in the vicinity of the project, recommended mitigation and/or distances will be provided. The results of this analysis will be incorporated into the CEQA document; a separate report will not be prepared. KENNEDY/JENKS CONSULTANTS, INC July 20, 2021, Item #2047 of 78 2.11.1.6. Initial Study. HELIX will prepare an initial study (IS) in accordance with Appendix G of the State CEQA Guidelines. The Draft IS will include a description of the project, an IS checklist, and supporting figures. The IS checklist will include detailed discussions of environmental resource or issue areas that may be significantly affected by the project, as well as measures to mitigate those impacts to less-than-significant levels, as applicable and feasible. In addition, brief explanations of why the project would not result in significant effects on other issues would be provided. Impacts related to aesthetics, air quality/greenhouse gas emissions/energy, biological and cultural resources, and noise/vibration will be addressed based on the results of the technical analyses presented above. Other topics (e.g., traffic) will be addressed qualitatively, based on readily available information and our experience with similar projects. 2.11.2. Mitigated Negative Declaration. 2.11.2.1. Administrative Draft and Public Review MND. HELIX will prepare a Mitigated Negative Declaration (MND) in accordance with CEQA and the State CEQA Guidelines. The Draft MND will include a description of the project, an IS checklist and supporting figures, and mitigation measures, if applicable. HELIX will produce an electronic copy of an Administrative Draft IS/MND for the project team's review. Upon incorporation of appropriate revisions, HELIX will produce a screencheck version of the public review IS/MND as an Acrobat PDF. Upon the City's approval of the screencheck Draft IS/MND, HELIX will prepare the Notice of Intent to Adopt an MND (NOi) and produce up to 10 printed copies of the document for distribution as well as an electronic version to be posted on the City's website. Technical studies will be included in electronic format on CDs in a pocket of the IS/MND. It is assumed that HELIX will submit copies of the NOi, Notice of Completion, 15 copies of the Summary Form, and 15 CDs of the IS/MND to the State Clearinghouse. HELIX will arrange for the publication of the NOi in a local newspaper, with the assumption that the City will be responsible for the cost of publication. HELIX will also work with the City to comply with the State's pandemic/social distancing guidance on the publication/distribution of CEQA notices (such as NOls) that is applicable when the NOi is ready for distribution. 2.11.2.2. Administrative Draft Final and Final IS/MND. In consultation with the project team, HELIX will respond to substantive comments received on the content of the Draft 15/MND during public review of the document. This effort is anticipated to require a maximum of 24 hours of the Project Manager's time and six hours of a Principal Planner's time. An --------------·-----···--· 19 KENNEDY/JENKS CONSULTANTS, INC July 20, 2021, Item #20CES introduction, responses, revisions to the Draft 15/MND (as needed), and a Mitigation Monitoring and Reporting Program {MMRP) will be incorporated into the final document. HELIX will submit an Administrative Draft version of the Final IS/MND and revise once per comments received from the project team (assumed not to be substantive or alter the analysis). A screencheck version of the Final 15/MND and MMRP will be prepared and sent to the project team electronically for final approval. Upon approval, HELIX will produce and distribute up to five printed copies of the Final 15/MND. Technical studies will not be printed unless otherwise stated but will be provided on CDs. HELIX also will prepare the Notice of Determination (NOD) and file with the County Clerk and mail to the State Clearinghouse. It is assumed that City will pay the applicable County Clerk and CDFW filing fees. Upon request by the City, HELIX's Project Manager will attend a City Council hearing on the project's MND. 2.11.3. Notice of Exemption. Should the City determine that the Clearwell Replacement Project is exempt from CEQA, HELIX will prepare a Notice of Exemption (NOE) form for the proposed project. The form will be accompanied by an attachment that briefly describes the project location, purpose, and description (based on information provided by the project team), as well as identification of the applicable Categorical Exemption(s) under CEQA. HELIX will submit the draft form and attachment for one round of review prior to finalizing the document. Following City approval of the NOE and project, HELIX will file the form with the County Clerk. It is assumed that the City will pay the applicable County Clerk filing fee. Proof of filing and a receipt for the filing fee will be provided to the City. 2.11.4. NEPA Checklist. In the event that federal funding is secured by the City from the Bureau of Reclamation {BOR) WaterSMART Program, additional environmental review pursuant to NEPA would be required. The BOR will be the federal lead agency for NEPA compliance and will review technical documentation to ensure that natural resources, cultural, and socioeconomic concerns are appropriately addressed. Documentation needed to comply with Part 46 of the Code of Federal Regulations (CFR), BOR's NEPA Handbook, Federal Cross-Cutter Checklist {CEQA-Plus) and other applicable U.S. Department of Interior guidance. This scope of work assumes that the project would qualify for a Categorical Exclusion (CatEx) from NEPA pursuant to 43 CFR 46.210, which lists actions that do not require environmental analysis under NEPA. HELIX will prepare a CatEx Checklist to satisfy the NEPA requirements for the project using the analysis in the IS/MND and technical studies. Should it be determined that an Environmental Assessment is needed, HELIX would coordinate with the project team to develop a separate scope and fee as part of the funding efforts ____ , ,_, ____________ ,,, _______ _ ------------------------20 _____________________ -KENNEDY/JENKS CONSULTANTS, INC 48 of 78 July 20, 2021, Item #20for the project. A screencheck version of the CatEx will be submitted electronically (.docx and .pdf) to the City for review. Upon completion of revisions, HELIX will provide an electronic version of the finalized document to the City for distribution to the BOR. 2.11.5. CEQA Plus. If the project would receive State Revolving Fund (SRF) funding through the State Water Resources Control Board (SWRCB), HELIX will prepare the SRF Federal Cross-cutting Environmental Regulations Evaluation Form for Environmental Review and Federal Coordination (commonly referred to as CEQA Plus) based on information included in the IS/MND and supporting documentation for federal regulations, including the technical reports for biological resources and cultural resources, and the air quality emissions modeling. The Evaluation Form will address other topics listed in the checklist, including environmental justice, farmland protection, floodplain management, and preparation of the official 100-year floodplain map. As part of this task, HELIX will also prepare a Climate Change worksheet, letter report summarizing an alternatives analysis, and draft letter for submittal by the SWRCB to the State Historic Preservation Officer (SHPO) requesting SHPO concurrence on the findings related to cultural resources. HELIX will submit the Environmental Application with supporting documentation to the City for review and revise based on comments received, within the limits of an 8-hour professional staff budget. HELIX will then submit the revised Environmental Application to the SWRCB electronically via the Financial Application Submittal Tool (FAAST) website. Following SWRCB distribution for federal agency review, HELIX will prepare the final SRF Program submittal package based on any comments received by federal agencies during review, including any coordination or responses to comments, within the limits of a 6 hour professional staff budget. This scope of work assumes that no revisions will be required to the adopted MND. HELIX will submit all final documents to the SWRCB electronically via the FAAST website. 2.12. Evaluate Alternative Project Delivery Methods. KJ will evaluate alternative project delivery methods, such as Design-Bid-Build, CMAR, or Design-Build, for various components of the Program. 2.13. Provide Final Program Plan. KJ will prepare a Final Program Plan incorporating the preliminary design reports, environmental assessment and funding plan. 21 KENNEDY/JENKS CONSULTANTS, INC 49 of 78 July 20, 2021, Item #203. Design Management (portion of Task 3 for the Clearwell Bypass Pipeline and Tank only) 3.1. Develop Design Standards & Design Criteria {included in Task 2.5) 3.2. Monitor & Review Final Design Consultants (schedule analysis included in Task 1.2.1) 3.2.1. Package #1-Clearwell Upgrades so of78 3.2.1.1. 60% Design Review. KJ will provide an initial review of the 60% design submittal to confirm consistency with the 60% design requirements. Following the initial review, KJ will provide comments either for the design consultant to resubmit the 60% design submittal or approve the submittal for the City's and KJ's formal 60% design review. KJ will prepare 60% design review comments and will conduct one (1) 60% design review meeting to discuss review comments with the City and the design consultant. KJ will review the design consultant's progress against the CPM/project schedule and recommend corrective action, if needed, to the City. 3.2.1.2. 90% Design Review. KJ will provide an initial review of the 90% design submittal to confirm consistency with the 90% design requirements. Following the initial review, KJ will provide comments either for the design consultant to resubmit the 90% design submittal or approve the submittal for the City's and KJ's formal 90% design review. KJ will prepare 90% design review comments and will conduct one (1) 90% design review meeting to discuss review comments, the value engineering analysis, and the constructability review analysis with the City and the design consultant. KJ will review the design consultant's progress against the CPM/project schedule and recommend corrective action, if needed, to the City. 3.2.1.3. 100% Design/Bid Readiness Review. KJ will provide a bid readiness review of the 100% design submittal. KJ will prepare 100% design review comments and attend one (1) 100% design review meeting to discuss review comments to be incorporated into the bid package. 3.2.1.4. Permitting Assistance. KJ will coordinate permitting approval between the design consultant, the City, and the appropriate permitting agencies. This task assumes that the design consultant will be solely responsible for permit acquisition and the permitting fees will be paid by the City. Our proposal assumes up to 24 hours of support for this task. 3.2.1.5. Constructability Review. In conjunction with both the 60% and 90% design reviews, KJ will perform two (2} constructability reviews and will provide comments to be incorporated by the design consultant. 3.2.1.6. Value Engineering Analysis. In conjunction with the 90% design review, KJ will perform a value engineering analysis and will provide comments to be incorporated by the design consultant. ---------·--·-·-------------22 KENNEDY /JENKS CONSULTANTS, INC July 20, 2021, Item #203.2.1.7. Provide final bid ready documents. KJ will verify that the design consultant has a completed a bid ready package for the Clearwell Upgrades that incorporates the final plans, specifications, and supporting documents required for the project, including the City's standard bidding documents. 3.3. Integration of Design with SCADA & CMMS 3.3.1. Package #1 -Clearwell Upgrades. KJ will identify the required SCADA integration and CMMS requirements in the Design Consultant's scope to incorporate into the Final Design of the Clearwell Upgrades. KJ will coordinate with the Design Consultant to integrate the design of the Clearwell Upgrades with the City's existing SCADA and CMMS systems, as required. As-Needed Tasks: 1.3. Public Outreach 1.3.1. Pre-Design Phase. Katz & Associates (K&A), as a subconsultant to KJ, will prepare a communication plan and a stakeholder contact information database to guide communication and outreach activities to assist the City staff during the Program. Included with this task will developing a key message platform and public information document, guidelines for interacting with the news media, procedures to respond to questions and conducting a kick-off workshop between the City, KJ and K&A. 1.3.2. CEQA Phase. If required, K&A will conduct a public scoping meeting with the assistance of KJ and Helix Environmental Planning (HELIX). If the meeting can be completed in person, the recommended format for a public scoping meeting is an open house meeting with poster stations staffed by project team members. If the meeting must be completed virtually, a series of subject matter presentation modules and Q&A discussions can be implemented. Materials would include a fact sheet, Frequently Asked Questions document and posters/visuals. K&A would develop a meeting logistics plan and a meeting summary. K&A will assist the City and KJ with informational materials development, meeting logistics, planning and implementation. This task assumes the City would provide the meeting venue or pay for the virtual meeting platform. This task also assumes that the City would print and pay for the mailing of the meeting notices. 2.14 Emergency Interconnection with other Agencies 51 of 78 KJ, with the assistance of Mission Consulting Services, will prepare a Technical Memorandum to evaluate potential emergency interconnections with adjacent water agencies including an evaluation of water quality issues. -------·-······---------·---------------------23 f<ENNEOY /JENKS CONSULTANTS, INC July 20, 2021, Item #20N t-z w :s J: 0 ~ ~ ~=:~,~10 I 2 --! 0--------+----1------<C---'--+----'-____._____,---+-_,____,_____,____,_,__,____,_--'-'---'--'-f-·----i::l-:-+-+~-1-~---1-+~---l-~--------·-------------1--l-➔--+--l-+---+-➔--+----+-➔-1--1-+----l--l--l--11~-1-_ ! r1 " ~i ~ ~I O ~I f i §0,§i;E"~/0 I .__----4-4-f-l-+-l--l-f-l-+-+-l-l~-l-1---l--+--1-l-1----l-+--+-t-+-t-t---+-+-+cc,.r.,ct--,~-1-1-f--+-l--,-t---+--t-... ,."0-Q"n ... ! ----1-..._ i-1-,_.__,_ , _ ____,____,_,__,_,___,_, _ _,__,____,__,_ , ,___ , __ ,_ ., -- - -S I I -t--t--1--i-+-+-·1-t--1-+-+-r-+---,-.,-1-1-r-f--f---f-- -""i ~1? •-l! . ' 1---1-~>--1--_,_._,_, _______ ~-----1-----1--l--l-~C-1-1-~-1--C-1-J~---------l-l-+--+-I--Hl-l-·-·---r----•-~~ -~--r: -II 52 of78 i "I I July 20, 2021, Item #2053 of 78 1 -~-· i z = n n n11! r = ~ ~ t-----+-+-+-f-+-+-+-+-+--------+-+-+-<1---l ,~ '"':: " • § § ~ ~ ~, s " ~ : .. =1 : : : : " 0 "I ·1 ; C ---~---~~--~~~----. -----1--1----1--'--l-l--1--...._,_ -;: 7 "'= ! ~ .. ; ·,~.:i ,; ! -1--1---.-----i r: ' 7 7 1-L-L-~01-1-c---; ... 7 7 -----l--+-+-+->--+-+-l--1--1-1-<; 7 -1--1------ ->-. -.; . ·-;i ,!:.! ! ........ i -= ------r---=. = :t ... ..._, I -= July 20, 2021, Item #20SECOND AMENDMENT TO STANDARD AGREEMENT FOR SERVICES THIS SECOND AMENDMENT TO AGREEMENT, is made and entered into effective this 21st day of July, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City"), and Kennedy/Jenks Consultants, Inc., (hereinafter referred to as "Consultant"). RECITALS 1. City and Consultant entered into that certain "Standard Agreement for Services," dated September 1, 2020, (the "Agreement"), by which City and Consultant established the terms and conditions for providing services of Program Management for the Poway Water Infrastructure Improvement Program (the "Program") to City. 2. The Agreement has a term of two (2) years, and further provides, inter alia, that the Agreement may be extended for two (2) additional one (1) year terms upon approval of the City's City Manager. 3. On November 17, 2020, City and Consultant agreed to amend the compensation and reimbursement provisions of the Agreement and increased the Agreement amount from a not-to-exceed amount of $49,900 to a not-to-exceed amount of $1,607,294, revised the Scope of Work, and amended the term of the Agreement to terminate November 16, 2022. 4. City and Consultant now agree to amend the compensation and reimbursement provisions of the Agreement and increase the Agreement amount from a not-to-exceed amount of $1,607,294 to a not-to exceed amount of $2,528,386, revise the Scope of Work in accordance with Attachment 2, and amend the term of the Agreement to terminate August 31, 2024. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: Section 1. Section B and Section C of Exhibit "A" ("SPECIAL PROVISIONS") of the Agreement are amended to read as follows: B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Schedule submitted which is included in this document as Attachment 2. Total fee is not to exceed $2,528,386. 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 54 of78 ATTACHMENT C July 20, 2021, Item #20such 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 July 21, 2021, and ending August 31, 2024, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." 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. Section 2. Except as otherwise amended by this Second Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. 55 of 78 July 20, 2021, Item #20IN WITNESS WHEREOF, the parties hereto have duly executed this Second Amendment on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: ------------ATTEST: Deborah Harrington, Interim City Clerk APPROVED AS TO FORM: By: ___________ _ Alan Fenstermacher, City Attorney 56 of 78 KENNEDY/JENKS CONSULT ANTS By:-------------Keith London, President/CEO Date: ------------ July 20, 2021, Item #20Kennedy Jenks 21 June 2021 Ms. Shadi Sarni, P.E. Project Manager City of Poway 14467 Lake Poway Road Poway, CA 92064 Subject: Clearwell Bypass Project Proposal for Construction Management and Inspection Services Dear Ms. Sarni: Kennedy Jenks Consultants (KJ) is pleased to submit this proposal to the City of Poway (City) to provide construction management services and inspection for the Clearwell Bypass Project (Project). The Project consists of constructing a temporary pump station, two temporary bolted steel tanks, and approximately 3,185 linear feet of buried CML&C welded steel pipeline and above-ground HOPE pipeline. The construction duration is 228 working days (Monday through Saturday), with an anticipated construction Notice-to-Proceed (NTP) date of late August 2021. The KJ proposal also includes the following optional services presented in Tasks 5.1 and 5.2. • One (1) extended month of construction observation and inspection services • Extended workday and workweek. SCOPE OF SERVICES Our scope of services for the Project includes providing the necessary construction management and inspection services identified in the following tasks: Task 1 -Project Management During Construction 1.1 Project Management This task addresses the management responsibilities associated with proper CM team coordination and scheduling, budget tracking and control, invoice preparation, subconsultant management and invoice processing, and coordination with the City, Design Team (Engineer of Record), KJ CM Team and subconsultants throughout construction. KJ will prepare and follow our internal project specific Hazard Appraisal Recognition Plan for its staff working at the jobsite. 57 of78 38977 Sky Canyon Drive, Suite 100 Murrieta, CA 92563 (951) 375-5563 I ryanhuston@kennedyjenks.com j:\mojave water agency\mwa cm bdlkj cm proposal_adelanto r3 extension project.docx July 20, 2021, Item #20Kennedy Jenks Ms. Shadi Sarni, P.E. City of Poway 21 June 2021 Page 2 Task 2 -Assistance During Bidding The following sub-tasks 2.1, 2.2, and 2.3 are included in our current agreement. 2.1 Pre-Bid Meeting. KJ will attend one (1) Pre-Bid Meeting with the City and the Design Team and will also attend the Pre-Bid site walk following the meeting. 2.2 Respond to Pre-Bid Questions. KJ will coordinate with the Engineer of Record to respond to questions from potential bidders and will support the Engineer of Record and the City to prepare up to three (3) addenda, as required. KJ's support under this task will include. a. Review of Bidder questions and Requests for Information (RFI) during the Bidding Period. b. Coordination with and input to the City and Design Team on replies to Bidder questions and RFls. c. Review of City and/or Design Team replies to Bidder questions and RFls. d. Follow-up with the City and Design Team, if necessary, to clarify the replies to Bidder questions and RFls. e. Consultation with the City and Design Team to determine which replies will need to be included in subsequent addendums. f. Coordination with and input to the City and Design Team on up to three (3) addendums prepared by the City and/or Design Team. g. Follow-up with the City and Design Team, if necessary, to clarify and potentially revise the addendums before issued to Bidders. 2.3 Bid Review, Bid Evaluate & Bid Recommendation Memorandum KJ will review the Bids received by the City and will evaluate the bids for completeness and responsiveness to the requirements of the Bidding and Contract Documents. KJ will then prepare and submit a Bid Evaluation Technical Memorandum with our opinion which Bidder submitted the most responsible and responsive bid. \\kjc\kjc-root\kj-projects\temecula\2020 projects\2044006.00_city of poway_program management services\01-prejobinfo\cm proposal\kj cm proposal -final.docx 58 of 78 July 20, 2021, Item #20Kennedy Jenks Ms. Shadi Sarni, P.E. City of Poway 21 June 2021 Page 3 Task 3 -Construction Management 3.1 Prepare Construction Management Manual/Quality Assurance Plan. KJ will develop a project-specific Construction Management Manual to define the contract administration procedures and quality review checklists to be used during construction. KJ will provide a copy of the Construction Management Manual to the City. 3.2 Preconstruction Conference KJ will attend the Preconstruction Conference with the City, Design Team and the Contractor. KJ will facilitate the meeting, will present the Construction Management Manual, and will prepare and distribute the meeting agenda and subsequent meeting summary. 3.3 Construction Observation and Inspection KJ will perform construction observation for the purpose of determining compliance with the Contract Documents. Our construction management team will include the following. a. A part-time, Construction Manager who will be assigned to this project 24 hours per week for 9 months. b. A full-time, onsite Construction Inspector who will be assigned 40 hours per week for 9 months to this project. c. A part-time, onsite Electrical Inspector who will be assigned 12 hours per week for 3 months to this project. d. An Office Administrative Assistant who will be assigned to this project 4 hours per week for 9 months to this project. The services provided by our CM staff will consist of the following activities: a. Conduct preconstruction site inspection to review and observe existing conditions and document with photographs as a supplement to the Contractor's required preconstruction photos and video. b. Review the construction schedule and monitor progress of the construction. c. Observe and document results of site testing. d. Coordinate with Design Team on interpretation of the requirements of the Contract Documents. e. Conduct bi-weekly onsite progress and coordination meetings. Prepare and distribute meeting agendas and meeting summaries. \\kjc\kjc-root\kj-projects\temecula\2020 projects\2044006.00_city of poway_program management services\01-prejobinfolcm proposal\kj cm proposal-final.docx 59 of 78 July 20, 2021, Item #20Kennedy Jenks Ms. Shadi Sarni, P.E. City of Poway 21 June 2021 Page4 f. Conduct as-needed coordination meetings, including utility coordination with City staff, shutdown, start up, and testing. g. Prepare construction observation reports, maintain comprehensive project records and files, and distribute information as needed. Inspector will provide daily reports with representative photos. Material testing and special inspection reports will be combined with KJ's daily report. Daily reports will be saved in Procore and will be available for review by the City. h. Coordinate with the material testing and special inspection subconsultant and schedule concrete cylinder, masonry, pavement, and soils testing. i. Provide photographic documentation of construction progress. j. Verify Contractor's maintenance of upgraded field drawings and specifications and verify Contractor's coordination of all construction activities with City staff. k. Manage construction cost on the City's behalf. Review the Contractor's Schedule of Values to verify costs are allocated appropriately according to the Contract Documents. Advise on opportunities for cost saving through close observation of the Contractor's work. Make recommendations on unforeseen conditions to take the least cost action and avoid delay claims. I. Review and verify Contractor's monthly payment applications comply with the contract requirements. Verify Contractor's pay quantities with the observed work. Negotiate disputed quantities if not in agreement. Make recommendation for payment with a written letter to the City with the Contractor's payment application attached. KJ and the Contractor will use any standard forms provided by the City, or KJ will provide documents. m. Manage Potential Change Orders and Change Orders. Schedule Change Order Meetings with the Contractor monthly or more frequently if required. Review the Contractor's claims for changed conditions. Log all claims and promptly notify the Engineer and City of each claim. Evaluate cost and schedule impacts in collaboration with the Engineer. Serve as the City's liaison in negotiations with the Contractor. Schedule change order meetings with the City and make recommendation for change orders to be executed. Prepare final change order documentation, if required, and transmit to the Contractor. n. Maintain daily extra work bills (time and materials tickets) and quantities as necessary to document payments to contractor for extra work. o. Act as liaison between the City and representatives of permitting agencies and utilities. p. Maintain one set of contract documents with current information regarding addenda, substitutions, clarifications, RFls, and change orders. KJ will review the redline as-builts to ensure accuracy, prior to submitting to the City. KJ will keep a record of all the changes to compare with the Contractor's redline as-builts to confirm accuracy. \\kjc\kjc-root\kj-projectsltemecula\2020 projects\2044006.00_city of poway_program management services\01-prejobinfoicm proposal\kj cm proposal-final.docx 60 of78 July 20, 2021, Item #20Kennedy Jenks Ms. Shadi Sarni, P.E. City of Poway 21 June 2021 Page 5 q. Notify Contractor of noted deficiencies. Prepare deficiency and punch lists, with assistance as indicated in Subtask 3.2 below, and transmit to the Contractor. Verify completion of punch list items. r. Periodic Safety Audits. Review and monitor the Contractor's compliance with its safety program and will notify the Contractor if unsafe conditions are observed. s. Log and notify Contractor of any damages caused by the Contractor. Verify proper/timely correction and/or notify Contractor, in writing, of failure to meet requirements of the corrections. t. Shutdown and Connection Protocol. Verify compliance with the shutdown and connection protocol requirements in the contract documents. u. Witness start-up and operational testing. Verify compliance of equipment with contract requirements. v. Administer receipt of spare parts, lubricants, chemicals, and other items required by the Contract Documents. w. Secure equipment guarantees and warranties. x. Coordination with the WTP operations staff and the City's SCADA programmer. KJ's CM Team will utilize the document control system, Procore, for processing all submittals and RFls, daily reporting, photo document storage, documenting formal communications and notices, change management, digital document storage including drawings and specifications, and for keeping digital as-builts. Procore access will be provided to the construction team (the Contractor, Design Team, subconsultants, the City, etc.) for use on the Project. 3.4 Materials Testing and Special Inspection KJ's subconsultant, Ninyo & Moore, will provide geotechnical materials testing and special inspection for the Project. These services will include the following: a. Review of Project plans and specifications. b. Attend Preconstruction Conference. c. Grading observations and in-place density testing. d. Observation of pipe trench backfill placement and in-place density testing. e. Observation and testing of trench subgrade, aggregate base, and asphalt concrete. \lkjc\kjc-rootlkj-projects\temecula\2020 projects\2044006.00_city of poway_program management services\01-prejobinfo\cm proposal\kj cm proposal -final.docx 61 of78 July 20, 2021, Item #20Kennedy Jenks Ms. Shadi Sarni, P.E. City of Poway 21 June 2021 Page 6 f. Observation of concrete placement by an ACI certified technician including collecting cylinders for compressive strength laboratory testing. g. Observation and testing of grading and tank foundation activities. h. Daily inspection reporting and laboratory test reporting for services above. 3.5 Migratory Bird Treaty Act Pre-Construction Survey KJ's subconsultant, Helix Environmental Planning (HELIX), will conduct a pre-construction survey if required by the Migratory Bird Treaty Act. This survey will include the following: a. As-Needed Pre-Construction Nesting Bird Survey If construction activities are scheduled to occur between February 1 and August 31, HELIX will conduct a single pre-construction nesting bird survey to determine if active nests are present within or adjacent to the construction areas. The survey will be conducted within 7 days before the start of construction. Following the survey, HELIX will provide an email to the City summarizing the survey methods and results of the survey, including a map of active nest(s) found during the survey and the corresponding setback buffers. Recommended setbacks will be based on the project activities, species, nest location, and other environmental factors. If additional pre-construction surveys are needed or nesting birds are detected during surveys, this task includes up to 30 hours of as-needed staff time for additional surveys, nest monitoring, reporting, and/or coordination with the City to address environmental compliance. HELIX will provide the results of the additional survey(s) through brief email updates. Task 4-Construction Closeout 4.1 Punchlist and Contract Closeout When construction is approaching substantial completion, KJ will prepare a preliminary punch list to help ensure the project was constructed as designed. After the Contractor has completed a substantial portion of the preliminary punch list, KJ will prepare a final punch list. KJ will conduct the Final Inspection in accordance with the City's General Conditions Article 11-16 after the Contractor provides notice in writing. KJ will prepare a Final Inspection List of any materials, equipment, workmanship, or administrative requirements that do not meet the requirements of the Contract Documents. Following Contractor notification of corrective work of all items on Final Inspection List, KJ will determine if the Work is acceptable. KJ will make recommendation of final acceptance in a writing to the City. l\kjc\kjc-root\kj-projects\temecula\2020 projects\2044006.00_city of poway _program management services\01-prejobinfo\cm proposal\kj cm proposal -final.docx 62 of78 July 20, 2021, Item #20Kennedy Jenks Ms. Shadi Sarni, P.E. City of Poway 21 June 2021 Page 7 4.2 Record Drawings KJ will review the Contractor's marked-up drawings monthly and will receive and review the full set record drawings from the Contractor at the end of construction. The mark-ups will be in the form of a red-line set of contract drawings maintained during construction. The mark-ups are expected to contain clarifications, change order work, and other significant construction revisions. The marked-up drawings will be delivered, upon construction completion, to the City and/or the Design Team for preparation of the Record Drawings. Task 5 -Optional Services 5.1 One Extended Month of Construction Observation and Inspection Services In the event that the construction duration is extended for up to one (1) month, KJ will perform construction observation for the purpose of determining compliance with the Contract Documents for one (1) additional month. Our construction management team will also provide Project Management as defined in Task 1 and Construction Observation and Inspection as defined in Tasks 3.3 and Task 3.4 for this extended one (1) month period. Onsite personnel for this extended period will include the following: a. A part-time, Construction Manager who will be assigned to this project 24 hours per week for one ( 1) month. b. A full-time, onsite Construction Inspector who will be assigned 54 hours per week (Monday thru Saturday) for one (1) month. c. An Office Administrative Assistant who will be assigned to this project 4 hours per week for one (1) month. Task 5.2 Extended Workday and Workweek Depending on the contractor's schedule of work, the City may request KJ to provide one (1) additional hour of construction observation and inspection as defined in Task 3.3. during regular workweek (Monday thru Friday) and 9 hours on Saturday. Overtime rates will be applied and required. ASSUMPTIONS • The Project will require prevailing wage rates for inspection staff, as required by DIR. • Contractor Work requiring correction will be included on an interim punchlist when it is noticed by our CM Team. These interim punchlists will be transmitted to the Contractor periodically during construction for corrective action by the Contractor. \\kjc\kjc-root\kj-projectsltemecula\2020 projects\2044006.00_city of poway _program management services\01-prejobinfolcm proposal\kj cm proposal -final.docx 63 of 78 July 20, 2021, Item #20Kennedy Jenks Ms. Shadi Sarni, P.E. City of Poway 21 June 2021 Page 8 • Contractor shall maintain accurate redline as-builts per the requirements of the Contract Documents. • KJ will have authority issue Field Orders to make minor changes to work determined to have no cost or time impacts to the Project. • Storm Water Pollution Prevention Plan or Water Pollution Control Plan will be provided by the Contractor. • Surveying and construction staking will be provided by the Contractor. • Grant reporting, labor compliance and preparation of record drawings is not included in the scope of work. • City will pay for all permit and review fees required by permitting agencies. • Contractor will be solely responsible for site safety at the project site and shall provide its own Safety Program and Safety Officer to oversee the Program. Contractor's Safety Program shall be adhered to be all Contractor personnel, all Contractor subcontractor personnel, all Contractor suppliers', manufacturers', fabricators' and delivery personnel visiting and/or performing Work on the project site. PROJECT TEAM The KJ project team is comprised of our Construction Management Team. The CM Team will provide onsite inspection and construction administration. The KJ project team is listed below with their respective roles. Construction Management Team Program Manager -Andrew Webster Construction Manager -Liberato Tortorici Senior Construction Manager/Advisor -Jon Westervelt Site Inspector -Todd Tappan Electrical Inspector -Phil Sanders Project Administrator -Araceli Aguilar Administrative Assistant -Nikki Goodridge \\kjc\kjc-root\kj-projectsltemecula\2020 projects\2044006.00_city of poway_program management services\01-prejobinfolcm proposal\kj cm proposal -final.docx 64 of78 July 20, 2021, Item #20Kennedy Jenks Ms. Shadi Sarni, P.E. City of Poway 21 June 2021 Page 9 SUMMARY OF DELIVERABLES The following list summarizes the deliverable for this scope of work: a. Construction Management Manual that will include procedures and documentation requirements for written correspondence; meeting agendas and meeting summaries; review and processing of submittal shop drawings and O&M manuals; review and processing of RFls, potential change orders, change orders, partial payment applications, final payment application; preparation of punchlists, daily inspection reports, and special inspection reports; and production of project photos. Project documents will be managed by KJ electronically through the Procore document management system. This will either be provided to the City in a downloadable link or in a portable hard drive. b. Monthly Reports in PDF c. Received spare parts, lubricants, and other items provided by the Contractor. d. Received equipment guarantees and warranties provided by the Contractor. e. Final Punchlist and Final Project Report (similar in format to Monthly Reports) in PDF. f. Contractor As-Built Drawings red-line markups. \\kjclkjc-root\kj-projectsltemecula\2020 projects\2044006.00_city of poway_program management services\01-prejobinfolcm proposal\kj cm proposal-final.docx 65 of 78 July 20, 2021, Item #20Kennedy Jenks Ms. Shadi Sarni, P.E. City of Poway 21 June 2021 Page 10 BUDGET KJ proposes to perform the services described above on a time and materials basis in the not-to-exceed amount of $697,229 not including optional services and $921,092 including optional services in accordance with the enclosed fee proposal and our Program rate schedule. The field inspection rate schedule will be according to the prevailing wage rate schedule required by the California Department of Industrial Relations. Please feel free to contact me at (951) 526-1438 should you have any questions regarding this proposal. KJ appreciates the opportunity to continue working with the City on this important project. Very truly yours, Kennedy/Jenks Consultants, Inc. Andrew Webster, P.E. Project Manager Enclosure Fee Proposal Resumes 66 of78 1;+-c&L--. } ~eith London, P.E. President & CEO \\kjc\kjc-root\kj-projects\temecula\2020 projects\2044006.00_city of poway _program management services\01-prejobinfo\cm proposal\kj cm proposal· final.docx July 20, 2021, Item #200\ -.J 0 .... -.J 00 Proposal Fee Estimate CLIENT Name: City of Poway PROJECT Description: CIHrwel ByPus Project-Construction Management Services Proposal/Job Number: Date: g ., i 01 ., .. .. 0 0 C C C <( :il ·g, 0 l ~ ::E :;:; <.> E w u ~ i C ii 5 :, .. 0 I! u .c 01 0 ~i 01 ., .... I -~ ·e CC ~ -~ e 0 .. ., ., Classlffcatfon: ,,, Q. Q. <.>::E ,,, ,,, C W C Hourly Rate: $270 $195 $185 $210 $180 $270 $180 Task 1 -Project Management 1.1 Project Management 11 34 34 Task 1 -Subtotal Task 2 -Assistance During Bidding 2.1 Pre-bid Meeting (included in current agreement) 2.2 Respond to Pre-bid Questions (included in current agreement) 2.3 Bid Review, Bid Evaluate & Bid Recommendation Memorandum (included in current agreement) Task 2 -Subtotal Task 3 -Construction Management 3.1 Prepare Construction Management Manual/Qualijy Assurance Plan 2 2 12 3.2 Preconstruction Conference 2 12 12 3.3 Construction Observation and Inspection 32 24 912 1,520 156 3.4 Construction Schedule Review/Monitor 3.5 Materials Testing and Special lnsoection 3.6 Migratory Bird Treaty Act Pre-Construction Survey Task 3 • Subtotal Task 4 -Construction Closeout 4.1 Punchlist and Contract Closeout 12 12 12 4.2 Record Drawinas 12 12 Task 4 -Subtotal Task 5 -Optional Services 5.1 One Extended Month of Construction Observation and Inspection Services 2 2 96 160 56 5.2 Extended Workdav and Workweek 532 Task 5 -Subtotal All Tasks Total \\KJC~jc-foot'KJ~Projeets\Tem.clN.\2020 Projects\2044006.00_City of Poway_Program Management Services~1-PreJoblnfo\CM Proposal\REV 1 Poway FH Proposal 6.8.21.dsm .s::. KJ u ~ ~ .. C 'iii <( ~ <.> i; 0 u C c ·[~ ~ -~ .& j Cl) Q.,:( <( Total $120 $120 $100 Hours FHS 35 114 $20,940 114 $20,940 $0 $0 $0 $0 10 26 $4,450 6 32 $5,670 40 112 2,796 $522,520 $0 $0 $0 2,854 $532,640 36 $6,840 8 32 $5,640 68 $12,480 12 328 $66,210 532 $143,640 860 $209,850 3,896 $775,910 Kennedy Jenks Sub Sub Sub KJ KJ KJ :l :, ! ,,, .. L + : 0 a. ~ C 0 :, .&X. ::E -!! .. .. .. )( o8 <.> .. ~ a. .. ..J w 0 )( ~ .!::!: .. .. :, ! .8 C ~ H <.> <.>-!! !.! !& ii+ 'ii :, C C" ~j 0:, ~ill 0 z :c (.)Cl) Cl) 0 O::E I-Cl) I- Fees Fees FN S 5":. Fees 0% Fees $0 $0 $20,940 $0 $0 $20,940 $0 $0 $0 $0 $0 $20,940 $0 $0 $20,940 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,450 $0 $0 $4,450 $0 $28 $0 $5,670 $0 $28 $5,698 $0 $49,160 $0 $522,520 $0 $49,160 $571 ,680 $7,095 $355 $0 $0 $7,450 $0 $7,450 $66,782 $3,339 $0 $0 $70,121 $0 $70,121 $4,200 $210 $0 $0 $4,410 $0 $4,410 $66,782 $4,200 $7,095 $3,904 $49,188 $0 $532,640 $81,981 $49,188 $663,809 $0 $0 $6,840 $0 $0 $6,840 $0 $0 $5,640 $0 $0 $5,640 $0 $0 $0 $0 so $0 $12,480 $0 $0 $12,480 $7,420 $500 $396 $4,657 $0 $66,210 $8,316 $4,657 $79,183 $0 $1,040 $0 $143,640 $0 $1,040 $144,680 $7,420 $0 $500 $396 $5,697 $0 $209,850 $8,316 $5,697 $223,863 $74,202 $4,200 $7,595 $4,300 $54,885 $0 $775,910 $90,297 $54,885 $921,092 July 20, 2021, Item #20Jon Westervelt, P.E., CCM Senior Construction Manager/ Advisor Education BS, Civil Engineering, University of Arizona, 1993 Registrations Professional Engineer, Arizona (32851) Certifications Certified Construction Manager Construction Documents Technologist Professional Summary Memberships/ Affiliations American Society of Civil Engineers Construction Managers Association of America National Society of Professional Engineers Years of Experience 29 years Mr. Westervelt has over 29 years' experience in construction management of water and wastewater treatment facilities. He has extensive experience in multiple types of construction project deliveries, including traditional (Design/Bid/Build), Design-Build, and Construction Management at Risk (CM@R). Jon is in-charge of the Kennedy Jenks construction division. His experience includes development of design documents and specifications, construction cost estimation, constructability reviews, project scheduling, construction sequencing, change order analysis, start up, and commissioning. Project Experience INTEGRATED SITE CLOSURE, CONFIDENTIAL CLIENT, PA I PROJECT CONTROLS ENGINEER I The confidential project involved an contaminated industrial site clean up. Responsibilities included developed and managed contaminated industrial cleanup effort schedule with regulatory agency and business owner. Provided monthly reporting to regulatory agency. Managed daily clean up effort. SOUTHEAST WATER POLLUTION CONTROL FACILITY BIOSOLIDS PROJECT, SAN FRANCISCO PUBLIC UTILITY COMMISSION, SAN FRANCISCO, CA I FIELD CONTRACTS ADMINISTRATOR I Assistant Project Manager/ Construction Manager and Field Contracts Administrator for nearly 2 years on a $1.28 Project. Responsibilities during the preconstruction phase included developing internal and reviewed CM@R health and safety plans, Quality Management Plans, Construction Management Plans, Risk Management Plans, Cost Model and Bid Package plans, and interfacing with work at adjacent $500M Headworks Facility Upgrades project. Responsibilities during construction phase services included construction schedule review, schedule of values review, change management lead. Interfaced with plant operations staff, City engineering department, CM@R project management team, and internal project team of project management, inspectors, and project 91ST AVENUE WWTP UPO1 EXPANSION FIELD SERVICES, CITY OF PHOENIX, PHOENIX, AZ I PROJECT MANAGER I Project Manager/Construction Manager responsible for coordination of all construction management and on-site inspection activities. Led construction administration, inspection and commissioning services for the $203M, 25 mgd plant expansion. Interfaced with plant operations staff, City engineering department, CM@R project management team, and internal project team of project management, inspectors, project controls, record drawing group, and commissioning team. The project was 68 of78 July 20, 2021, Item #20constructed at the existing 91 st Avenue Wastewater Treatment Plant and increased the plant capacity to 205 mgd. UNION HILLS WTP DISINFECTION BYPRODUCT MITIGATION, CITY OF PHOENIX, PHOENIX, AZ I PROJECT MANAGER I Project Manager during construction phase of 160 MGD Union Hills water treatment plant to address disinfection byproduct issues. The $10M CM@R construction contract included addition of sodium chlorite system, chlorine dioxide feed system and major changes to the plant piping system associated with relocation of the chlorine feed systems. Raw water and finished water sampling modifications to the entry point to the Distribution System, and conversion of sand/anthracite filter media to GAC media were also included in the project scope. Assisted in the $3M GAC procurement by Owner and Contractor installation. ADAMAN WELL DEVELOPMENT, STORAGE, BOOSTER, AND PIPELINE PROJECT, CITY OF GOODYEAR, GOODYEAR, AZ I CONSTRUCTION MANAGER I Project Manager/Construction Manager providing construction phase support services for the construction of two new water production facilities, a 6. 5 mile connection to the existing Adaman pipeline, and the construction and integration of an arsenic water treatment plant at an existing site. The $1 SM CM@R project was delivered in multiple phases. Reviewed design packages and construction procurement packages. Schedule monitoring services included review of baseline schedule, review schedule updates, evaluate time impact analysis, and other schedule related tasks. Coordinated construction inspections with other members of construction team, contractor, and City code inspectors. PRECONSTRUCTION SERVICES FOR WATER TREATMENT PLANT -CMAR, SAN JACINTO RIVER AUTHORITY, CONROE, TX I CONSTRUCTION SCHEDULER I During preconstruction phase, provided assistance to the CMAR/construction contractor in the development and updating of the schedule in relationship to general control system construction sequencing and startup/commissioning activities. The $200M water treatment plant includes Raw Water Intake, Surface Water Treatment Facility (SWTF), and High Service Pump Station, solids handling facilities, chemical facilities, yard piping, site electrical. SQUAW PEAK WATER TREATMENT PLANT RESIDUALS PROJECT, CITY OF PHOENIX, PHOENIX, AZ I PROJECT MANAGER I Project Manager/Construction Manager providing construction phase support services for the construction of the 180-MGD water treatment plant includind backwash equalization tank, sludge blending tank, gravity thickeners, thickened sludge pumping station, sludge dewatering building, and site improvements. 23RD AVENUE WASTEWATER TREATMENT PLANT CONTRACTS 1 AND 2, CITY OF PHOENIX, PHOENIX, AZ I CONSTRUCTION INSPECTOR I Responsibilities included as-built preparation of existing utilities, inspection of earthwork, structural concrete and piping installation, equipment checkout and system startup, and related work inspection. Prepared field orders, change orders and detailed drawings of Design Review Committee items. 69 of 78 July 20, 2021, Item #20Liberato Tortorici, P.E. Construction Manager Education BS Civil Engineering Manhattan College 1971 MS Environmental Engineering Manhattan College 1972 Registrations Professional Civil Engineer, California (24096) Professi nal Summ ry California Grade V Wastewater Treatment Plant Operator, V-3215 (1984) Years of Experience 49 years Liberato Tortorici has 49 years of experience in environmental engineering and has been responsible for performing and managing the assessment, design, post design, construction administration assistance, and operation assistance of major wastewater collection, treatment, residual solids handling, and water reclamation capital improvement projects in southern California. His water and wastewater treatment experience includes facilities up to 350-mgd, and he is one of a limited number of professionals possessing both a Grade V Wastewater Treatment Plant Operator Certification and a Professional Engineer Registration in the State of California. Project Experience SOUTH BAY INTERNATIONAL WASTEWATER TREATMENT PLANT, INTERNATIONAL BOUNDARY AND WATER COMMISSION, SAN YSIDRO, CA I PROJECT MANAGER I Project Manager for planning, design, design services during construction, construction administration assistance, construction inspection, start-up and operator training of a new 25 mgd advanced primary wastewater treatment plant, and Canyon Collectors sewerage di-version and pumping facilities located on the US/Mexico Border in San Ysidro, CA. Planning and pre-design investigations included wastewater characterization studies, geotechnical investigations and development of "deep dynamic compaction" (DOC) criteria to mitigate soil liquefaction issues; and laboratory activated sludge treatability studies to establish loading and design criteria for the "selector" modified activated sludge system. WATER RECLAMATION PLANT 1 CAPITAL IMPROVEMENT PLAN, FALLBROOK PUBLIC UTILITY DISTRICT, FALLBROOK, CA I PROJECT MANAGER I Project Manager for plant assessment and development of the Capital Improvement Plan for upgrade and expansion of the 2.7 mgd water reclamation plant. The Capital Improvement Plan resulted in the subsequent design and construction of approximately $25 million of upgrades and improvements to Water Reclamation Plant 1. JAMACHA BASIN WATER RECLAMATION FACILITY, OTAY WATER DISTRICT, SAN DIEGO, CA I PROJECT MANAGER I Project Manager for the assessment, design, post design, construction management, start-up assistance and operator training for the upgrade and improvement of the District's 1.3 mgd water reclamation facility. Facility upgrades and improvements included new influent screening system, upgraded conventional activate sludge secondary treatment system, new secondary sedimentation tanks, new Title 22 tertiary filtration system and new chlorination facilities. 70 of 78 July 20, 2021, Item #20RECLAMATION PLANT NO. 1 DEWATERING FACILITY REPLACEMENT, INLAND EMPIRE UTILITIES AGENCY, CHINO, CA I PROJECT MANAGER I Project Manager for planning, design, design services during construction, start-up and operator training for a new $25M centrifuge dewatering facility at the 60 mgd (ultimate flow) reclamation plant. Processes included sludge grinding, polymer conditioning facilities, four new Alfa-Laval G-2 120 centrifuges, shaftless screw sludge conveyors, sludge storage silos and truck loading facilities, and DCS and electrical support facilities. SOUTH BAY INTERNATIONAL WASTEWATER TREATMENT PLANT, INTERNATIONAL BOUNDARY AND WATER COMMISSION SAN YSIDRO, CA I PROJECT MANAGER I Project Manager for 3rd Party Construction Management, Inspection and Start-Up Services of a new$100M , 50 mgd, "selector" modified activated sludge wastewater treatment plant located on the US/Mexico Border in San Ysidro, CA. WASTEWATER TREATMENT PLANT HEADWORKS PROJECT, CITY OF OXNARD, OXNARD, CA I PROJECT MANAGER I Project manager for assessment, planning, design, construction ad-ministration assistance, and start-up and training for a new 40 mgd (ADWF)/77.4 mgd (PWWF) headworks facility. The facility consists of sewerage collection conveyance and vortex drop structures, mechanical bar screens, aerated grit chamber, in-fluent pump station, odor control system and grit/screening dewatering facilities, stand-by power generators, infrastructure support systems and SCADA monitoring and control system. ENCINA WATER POLLUTION CONTROL FACILITIES, ENCINA WASTEWATER AUTHORITY, CARLSBAD, CA I SENIOR PROJECT ENGINEER I Project Engineer for condition assessment and design of primary clarifier and non-potable water system improvements at this 30 mgd secondary treatment plant. ENCINA WATER POLLUTION CONTROL FACILITIES, ENCINA WASTEWATER AUTHORITY, CARLSBAD, CA I PROJECT ENGINEER I Project Engineer for design of digester improvements to eliminate chronic digester foaming problems. This project resulted Liberato being a co-recipient of the Water Pollution Control Federation's George Bradley Gascoigne Medal for outstanding contribution to the art of wastewater treatment plant operation. RECYCLED WATER SUPPLY AUGMENTATION STUDY, OTAY WATER DISTRICT, SAN DIEGO, CA I PROJECT MANAGER I Project Manager for the conduct of a planning level study to evaluate options for augmenting the District's recycled water supply from the City of San Diego South Bay Water Reclamation Plant with effluent from the International Boundary and Water Commission South Bay International Wastewater Treatment Plant. WASTEWATER TREATMENT PLANT OPERATIONS SUPPORT PROGRAM, CITY OF OXNARD, OXNARD, CA I SENIOR ENGINEER/TASK LEADER I Senior Engineer and Task Leader for on-site assessment of existing sewerage collection and pumping facilities, onsite assessment of wastewater and residual solids treatment facilities, development of interim capital improvements, and engineering and operations support for plant optimization of the 40 mgd treatment facility. METRO BIOSOLIDS FACILITY CENTRIFUGE REPLACEMENT PROJECT, CITY OF SAN DIEGO, SAN DIEGO, CA I DESIGN MANAGER I Design Manager for preliminary design of the Design-Build Project for replacement of solids dewatering centrifuges and improvements to the centrifuge sludge feed pumping and conveyance systems for the City's regional biosolids processing facility. 71 of 78 July 20, 2021, Item #20Todd W. Tappan Site Inspector Registrations CA General Contractor (b-968995) Certifications EPA Lead Safety Professional Summary Confined Space 40-hour Hazpower OSHA Safety Years of Experience 32 years Todd Tappan has more than 32 years of construction industry experience, including seven years as a Licensed General Contractor, 15 years as a foreman/journeyman, and ten years as construction inspector. He is skilled in onsite construction supervision as a Licensed Contractor and is excellent at building relationships with customers, architects, engineers, city and municipality officials, and the community. Todd has performed supervision and inspection of site preparation, underground utilities, and wet infrastructure. He is also knowledgeable in generator and mechanical work at refineries and nuclear power plants. Project Experience LONO KONA SEWER IMPROVEMENT PROJECT, COUNTY OF HAWAII, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, HILO, HI I CONSTRUCTION INSPECTOR I On-site construction manager/inspector responsible for observing and documenting compliance by the Contractor during the construction contract execution. This includes site visits, remote progress monitoring and responding to requests for clarifications and identifying quick resolutions to assist in the successful project completion. The project is installing 6,500 linear feet of new sanitary collection mains and services and CIPP lining of existing pipes to replace failing sewers and convert on-site disposal systems to the municipal collection and treatment system. This will protect the local groundwater and surface waters in the area from the human health and public safety risks posed by an inadequate wastewater system. Challenges include steep and narrow streets, numerous utilities, traffic control, cultural resources, hard lava rock excavation and dealing with voids created by lava tubes. Project funding provided by USDA. WASTEWATER TREATMENT PLANT REHABILITATION ENGINEERING SERVICES DURING CONSTRUCTION, ROSAMOND COMMUNITY SERVICES DISTRICT, ROSAMOND, CA I CONSTRUCTION INSPECTOR I The project includes: a new Biolac aeration basin, two new blowers, a new secondary clarifier, new septage receiving station/holding pond, three new percolation ponds, new emergency overflow pond, a new jib crane at the headworks (for screenings bin removal), and replacement of the existing sludge handling pumps (RAS/WAS). LONO KONA SEWER IMPROVEMENTS, COUNTY OF HAWAII, HILO, HI I CONSTRUCTION MANAGER/INSPECTOR I Construction manager and inspector for this challenging $BM sewer improvement project to install an 8-inch to 36-inch diameter gravity sewer collection system in a previously unsewered community. Challenges include steep and narrow streets, numerous utilities, traffic control, cultural resources, hard lava rock excavation and dealing with voids created by lava tubes. Project funding provided by the United States Department of Agriculture. 72 of 78 July 20, 2021, Item #20VARIOUS PROJECTS, GENERAL MOTOR SERVICES, PITTSBURG, PA I GENERAL TECHNICIAN I Service, test, and rebuild generators and rotors in power plants and refineries. Followed plant specific procedures and document all work performed. Obtained all training and clearances to work in nuclear and refinery facilities. Work closely with other crafts and operations to ensure quality and on time completion of projects. Monitor foreign materials exclusion points. Documented all personnel, materials, tools, and equipment. MAINTENANCE PROJECTS, DIABLO CANYON NUCLEAR POWER PLANT, AVILA BEACH, CA I MECHANICAL MAINTENANCE I Duties included testing and scheduled maintenance of reactor coolant pumps. Technical tasks included disassembly of inlets/outlets and pump casing, alignment of shaft, replacement of shaft seals and bearings. Install new pipe flange gaskets and torque. Follow specifications and document all work performed. Communicate daily with operations and engineering to coordinate scope of work package, progress of other crafts and scheduling. Attend weekly meetings to assure safety and successful project completion. Adhere to OSHA, EPA, and NRC, hazardous materials handling, and best safety practices. VARIOUS PROJECTS, TAPPAN CONSTRUCTION, ARROYO GRANDE, CA I GENERAL CONSTRUCTION I Bidding, permit processing, and execution of residential and commercial projects. Site preparation including underground utilities, water, and sewer tie-ins. Scheduling materials and inspections, maintaining work schedule to complete projects on time and within budget. Overseeing timely and quality execution of projects by sub-contractors. Responding to any discrepancies or need for clarification and providing quick resolutions in order to keep the project moving forward. Maintaining excellent working relationships with customers, architects, engineers, city officials and community. Select projects include: Single Family New Construction -Atlantic City Ave, Grover Beach, CA; Single Family New Construction -Grell Lane, Oceana, CA; Hangar Remodel -San Luis Obispo Airport, CA; Residential Remodel -Morro Avenue, Shell Beach, CA; Commercial Remodel -McCarthy Wholesale, San Luis Obispo, CA; and Construction Foreman/Journeyman, Pismo Beach, California-Walker Construction. Responsible for directing work on commercial and residential concrete and framing projects. Site preparation and placement of foundations in varying soils and geological conditions. Trenching for utilities and footings. Responsible for scheduling materials and inspections, coordinating scheduling and supervising daily activities. Assuring project is built to plan specifications. Motivating employees to work safely and in a timely fashion. Working with architects, engineers, and building officials to quickly resolve any discrepancies or clarifications as needed. SUBDIVISION AND CUSTOM HOME CONSTRUCTION, MC THOMAS DEVELOPMENTS, GROVER BEACH, CA I CONSTRUCTION SUPERINTENDENT I Responsible for directing works crews and subcontractors for subdivisions and custom homes. Site works for utilities including sanitary and stormwater, water and conduit banks for eventual use by franchise utilities. Responsible for meeting cost and schedule deadlines, communicating with owner's representatives as to actual progress versus proposed improvement schedules. Took care of many customer service issues and client problem solving for the custom home builds. 73 of 78 July 20, 2021, Item #20Phil Sanders Electrical Inspector Certifications California General Electrician Certification (E150135) Medium Voltage Certification, AVO Training #517 (MVCT-T) OSHA 30 Certified Confined Space Certified Professional Summary OP2 Awareness Certified HAZWOPER 24 Certified NFPA 70E Trained First Aid/CPR/AED Certified Construction Management Trained Years of Experience 45 years Phil has over 45 years of experience in many facets of construction including electrical, generation, transmission, civil, and structural. He has a wide range of skills and experience including low/medium voltage, industrial electrical, Hydro Power electrical, underground utilities, fire alarm, on-site inspections, and equipment commissioning. Phil's has stellar project and construction management skills with great attention to detail and the ability to effectively communicate with team members to ensure project specifications are met while meeting project deadlines. Project Experience WATER QUALITY CONTROL PLANT WET WEATHER AND DIGESTERS IMPROVEMENTS CONSTRUCTION MANAGEMENT SERVICES, CITY OF SOUTH SAN FRANCISCO, SOUTH SAN FRANCISCO, CA I CONSTRUCTION INSPECTOR I Provided construction support for the $49M improvements project to rehabilitate and upgrade the secondary treatment and solids handling facilities. Work includes digester demolition and new construction, digester control building rehabilitation, rehabilitation of aeration basins, addition of a secondary clarifier and two storm water pump stations CITY OF SAN MATEO CLEAN WATER PROGRAM , SAN MATEO, CA I CONSTRUCTION INSPECTOR I Project electrical inspector for the $950M City of San Mateo Clean Water Program. Project elements include replacing, upsizing or rehabilitating 260 miles of pipelines ranging from 6"-39" in diameter and upgrading 24 sanitary sewer lift and pump stations. SECONDARY TREATMENT PLANT UPGRADE AND RECYCLED WATER EXPANSION, LAS GALLINAS VALLEY SANITARY DISTRICT (LGVSD), SAN RAFAEL, CA I CONSTRUCTION INSPECTOR I Expansion for LGVSD includes new anoxic/aeration basin with new primary and internal recycle pump stations. New electrical bldg. and all new electrical equipment with 1.5 megawatt genset and transfer switch. HEXAVALENT CHROMIUM (CR6) COMPLIANCE WATER SYSTEM PROJECT ENGINEERING SUPPORT AND CONSTRUCTION SERVICES CITY OF, NEWMAN, CA I CONSTRUCTION INSPECTOR I The Cr6 Compliance project includes a new well, storage tank, booster pump station, electrical building, Back up genset with load bank, and two chemical feed buildings. HYDRO ELECTRIC POWER PLANT RENOVATION & RESTORATION, PHASE 2, HGH ELECTRIC, CA I ELECTRICAL SUPERINTENDENT/PROJECT MANAGER I The project included: complete rewire of 122 Megawatt, 4 unit power generating/pumping plant,. all PLC cabinets, AVR's, Digital Governor control 74of78 July 20, 2021, Item #20cabinets, Main Control Board, Protection Control Boards, 13.8 substations. 230KV Transformers, Low Volt Substations and Gear. Responsible for a 20-man team of electrician's daily duties, inspections of their work and quality control for the electrical work in the plant. Wrote all MOP's for plant cutovers and commissioned MCC's and peripheral equipment. Oversee all necessary subcontractor work. Code Call. Fire Alarm. Security system. CSI ELECTRIC, LOOMIS, CA I ELECTRICIAN/GENERAL FOREMAN I Served as Industrial Electrician, Superintendent, and/or General Foreman on various construction projects: • Menlo Park VA Hospital & Mather AFT VA Hospital -Chiller/Air handler replacement • Palo Alto VA Hospital & Martinez VA Hospital -Medium voltage duct-bank installation • San Francisco VA Hospital -Temporary and permanent chiller power and controls • Sunsweet Growers -15KV sub-station installation; Full install, automate, commission food processing and bottling lines; lighting renovation to energy efficient lighting for 1 million SF of warehouse • Suburban Propane -Change dual 400 hp gas compressor system to automated soft-starts • Pacific Coast Producers -Install, automate, commission new steam tomato peeler • Mariani Products -Overhaul and automation of several food processing lines • Herlong State Prison -New 15KV switch installs • Folsom State Prison -Transformer changeouts • Vacaville State Prison -New 15KV switch and inverter install for solar field STEINER MCBRIDE ELECTRIC, INC., CITRUS HEIGHTS, CA I ELECTRICAL SUPERINTENDENT I Served as Electrical Superintendent and/or Foreman on various construction projects: • Hydro Electric Power Plant Renovation and Restoration Phase 1-Install temporary power system for life support systems • QE for backbone fiber installation over energized PG&E vault and duct bank structures throughout the San Francisco Bay area. • Stockton Business Park -Install new medium voltage infrastructure • 15KV sub-station install/energization/commissioning • Hyatt Power Plant -Camera system install in tail race tunnels • Large capacity 3 phase ups install and commissioning, sump pump control system, two 1-million gallon tanks • Thermalito Power Plant -Install new strain gauge sensor system on spillway gate 75 of 78 July 20, 2021, Item #20Araceli Aguilar Project Administrator Years of Experience 29 years Professional Summary Araceli is a Senior Project Administrator with over 29 years of experience in contract administration and project management assistance work for large planning, design and construction projects overseeing all financial and administrative functions. Responsible for processing bi-weekly "Certified Payroll Reports" and DIR electronic reporting for Construction Management Group. She has excellent Project Management, Office Management, Customer Service and Administrative experience in both public and private sectors providing direct and confidential support to Senior Executives, Project Managers and supporting all levels. Her organization and knowledge of accounting, strong verbal and written communication skills, ability to make decisions, and solve problems provides excellent support for any team of which she is a member. Project Experience CONSULTANT PROGRAM ADMINISTRATIVE ASSISTANT, CITY OF LOS ANGELES PROGRAM, ENVIRONMENTAL ENGINEERING DIVISION, LOS ANGELES, CA I ADMINISTRATIVE I Engineering Design and Construction Management Support Services. Assigned to Client Office at Hyperion Treatment Plant, Playa del Rey, CA. Assistant to MWH Consultant Program Manager/Vice President of a major $28M project. Responsible for providing project management, proposal preparation and coordination, assisted with project budgets and project set-up. Managed and coordinated very busy V.P. calendar, including scheduling all meetings, presentations, and prepared staff meeting minutes. Prepared and typed correspondence. ADMINISTRATIVE ASSISTANT, MWH GLOBAL, INC., PASADENA, CA I ADMINISTRATIVE I Assistant to Division Manager/Vice President, managed and coordinated very busy V.P. calendar, scheduled meetings, presentations, and prepared staff meeting minutes. Coordinated travel arrangements for SVP and department staff. Prepared and submitted conference registrations for employees. Planned, organized, coordinated and made arrangements for client dinner meetings with clients. Prepared and typed correspondence, answered telephones, typed and prepared monthly client invoices, gathered necessary invoice backup, for submittal to clients. Accounts Payable -reviewed incoming vendor invoices, coded for posting and payment, sent to Accounts Payable for payment processing. Purchasing -ordered supplies and material for office, field laboratory and field engineers. Handled petty cash transactions. CONSULTANT PROGRAM ADMINISTRATIVE ASSISTANT, MWH/CH2M HILL LOS ANGELES, LOS ANGELES, CA I ADMINISTRATIVE I Assistant to MWH Consultant Program Manager/Sr. Vice President, and to the Assistant Consultant Program Manager/Vice President of $97M contract. MWH and Subconsultants project staff were assigned to client's offices. Managed and coordinated very busy V.P.s calendars, scheduled all meetings and presentations. Coordinated travel arrangements. Prepared and typed correspondence, filed, answered telephones. Responsible for MWH staff time entry. Worked with MWH Purchasing Department to order equipment/office supplies for project 76 of 78 July 20, 2021, Item #20needs. Assisted MWH Accounting with preparation of specialized monthly client invoice. Routed Subconsultants contracts and change orders for approvals and execution. Worked with Legal Dept. to request insurance certificates. Reviewed Sub and vendor invoices and routed for Management approval, submitted to Accounting for processing. Prepared project task authorizations for Management approval, requested monthly project financial reports for management distribution. ADMINISTRATIVE ASSISTANT, LATIN AMERICA REGIONAL GROUP, PASADENA, CA I ADMINISTRATIVE I Assisted Financial Controller in charge of Latin America project offices with invoice production and required backup. Printed and sent weekly and monthly project financial reports. Also continued to assist City of Los Angeles Program with administrative duties. DIVISION SECRETARY, INFORMATION SERVICES DIVISION, LOS ANGELES, CA I ADMINISTRATIVE I Assistant to Division Manager/Vice President, kept manager's calendar, typed and filed all correspondence, made travel arrangements for all Division personnel to other offices, conferences, answered telephones for division, assisted with Computer Help-Desk to troubleshoot and route calls to technicians. Reviewed, input and routed division employee timesheets for manager approval. DIVISION SECRETARY, FINANCE DEPARTMENT, LOS ANGELES, CA I ADMINISTRATIVE I Assistant to Division Manager/Vice President, kept manager's calendar, set-up meetings, appointments, made travel arrangements, typed correspondence, filed documents, answered telephones, opened, date-stamped and distributed mail, collected division employee timesheets for input and approval. Assisted Accounts Payable Group -coded invoices, prepared checks for mailing. Accounts Receivable Group -copied received checks and attached to invoice copies, prepared and delivered daily bank deposit. Billing Group -typed client folder labels and activity logs, typed monthly client invoices. SELECT STAFFING EMPLOYMENT AGENCY, SELECT STAFFING EMPLOYMENT AGENCY, COVINA, CA I ADMINISTRATIVE I Attended the public counter, assisted City employees with employee benefits, assisted residents based on their needs, answered telephones and routed calls. Created personnel files, sorted, copied, scanned and filed documents. Received job applicants and verified identification. SENIOR DATA CONTROL ANALYST, IEM (INTEGRATED ENGINEERING MANAGEMENT), LOS ANGELES, CA I ADMINISTRATIVE I Assigned to Los Angeles Unified School District-Construction Management Services -Project Controls Group. Monitored Project Budgets and funding, reviewed monthly Contractor invoices routed to Owner Authorized Representatives (OAR) for approval, processed and tracked Invoice payment status. Verified and resolved weekly invoicing and payment issues to present results to Program Director. SENIOR PROJECT/CONTRACT ADMINISTRATOR, MWH GLOBAL, INC., ARCADIA, CA I ADMINISTRATIVE I Responsible for providing assistance to Southwest Group Business Unit Leader/Vice President (V.P.), Project Managers/V.P.s and Project Engineers with project management, proposal preparation and coordination, assisted with project budgets and project setup, financial, contracting support and quality control on various project-related tasks of varying scope, size and complexity. I was the front-line liaison between the Project Manager and the accounting group as well as our Contractors, Subcontractors and Vendors. 77 of 78 July 20, 2021, Item #20Nikki Goodridge Administration Assistance Education AS, Real Estate, Irvine Valley College, 2016 Profe onal Summary Years of Experience 3 years Nikki Goodridge is an exceptionally organized Administrative Assistant who brings 3 years of experience in Administrative Assistance. Prior to working at Kennedy Jenks (KJ), Nikki assisted one of the top real estate agents in San Diego County. This position allowed her to oversee transactions throughout the escrow process while utilizing her skills in contract creation, time management, and coordination. While at KJ, Nikki has been able to grow her skills in setting up Projects, planning meeting schedules and producing minutes as well as producing monthly earned value reports. Nikki has worked with the Construction Management group to assist on programs such as Procore to assist in producing RFls, Submittals, Transmittals, and overseeing document production, review, and control. Nikki is well-versed in formatting and finalizing engineering reports, technical memos, and specifications. Nikki is highly proficient in MS Word, Outlook, Procore, and PowerPoint. Relevant Experience PROJECT ADMINISTRATOR, KENNEDY JENKS CONSULTANTS (2O14-CURRENT) • Project setup (project memos, quality plans setup in BST), invoicing, manage and adjust budgets. • Format, produce and finalize engineering reports, technical memos, and specifications; assist project managers with contracts, insurance, and financial documents. • Procore Assistance. Worked with Construction Management group to set up projects, produce RFls, Submittals, Transmittals, and oversee document management. Participate in weekly construction meetings and produce minutes. • Produce monthly earned value reports. 78 of 78 July 20, 2021, Item #21DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL July 20, 2021 Honorable Mayor and Members of the City Council Jodene Dunphy, Human Resources & Risk Management Director f Aaron Beanan, Director of Finance ~ Jodene Dunphy, Human Resources & Risk Management Director (858) 668-4413 or jdunphy@poway.org Aaron Beanan, Director of Finance (858) 668-4411 or abeanan@poway.org Tentative Agreement for a Successor Memorandum of Understanding between the City of Poway and the Non-Safety Employees, California Teamsters Local 911, and Changes to the Salary and Benefit Plan for the Management/Confidential Group The existing Memorandum of Understanding (MOU) between the City of Poway (City) and the Non-Safety Employee Bargaining Unit, California Teamsters Local 911 (Teamsters) expired on June 30, 2021. Staff has reached a Tentative Agreement (Exhibit A of Attachment A) with Teamsters on a six-year term for the new MOU effective July 1, 2021 through June 30, 2027 and staff is recommending approval. This staff report also includes recommended changes to the Salary and Benefit Plan for the Management/Confidential Group. The MOU between the City and the Poway Firefighters' Association (PFA) expired on June 30, 2021. The City and PFA are still currently negotiating, therefore this staff report does not include salary and benefit provisions or changes for the PFA. Recommended Action: It is recommended that the City Council: 1) Adopt Resolution authorizing the City Manager to execute, on behalf of the City of Poway, a Memorandum of Understanding between the City and the Non-Safety Employees Bargaining Group, California Teamsters Local 911, incorporating the terms of the Tentative Agreement, which has been ratified by Teamsters, without further specific actions by the City Council; 2) Adopt Resolution approving changes to Salary and Benefit Plan and Salary Schedule for the Management/Confidential Group; 3) Adopt Resolution appropriating funds in FY 2021-22 to implement the financial terms of the Tentative Agreement with Teamsters and the Salary and Benefit Plan for the Management/Confidential Group; and 4) Adopt Resolution approving the Salary Schedule for the City of Poway Non-Safety Employees Bargaining Group, California Teamsters Local 911. Discussion: California law provides for the determination of public employee wages, hours and other terms and conditions of employment through a process of meeting and conferring between public agency representatives and employee bargaining unit representatives. Negotiations between the City of 1 of 30 July 20, 2021, Item #21Poway and Teamsters, representing 97.62 non-safety full-time equivalent (FTE) positions, began in March 2021. After five meet and confer sessions, a Tentative Agreement (TA) was reached. The Non-Safety Bargaining Unit (Teamsters) ratified the TA on June 21, 2021. Once ratified by Teamsters, the TA requires approval in open session by the City Council. The current MOU expired on June 30, 2021. A new MOU will be generated, finalized and executed based on the City Council's approval of the attached Resolution. The MOU will be effective July 1, 2021 through June 30, 2027 and will incorporate the items in the TA included as Exhibit A of Attachment A. The financial terms incorporated in the MOU will not extend beyond those outlined in the attached TA. The City also has a Salary and Benefits Plan (Plan) for the 82.75 Management and Confidential FTEs, which includes the salary and benefits for the City Manager. Financial changes to the Plan are outlined in Attachment B. A new Plan document will reflect the terms in the attached resolution with City Council approval. The financial terms incorporated into the Plan will not extend beyond those included in the attached Resolution. Non-Safety Employee Bargaining Unit (Teamsters Local 911) The TA with Teamsters demonstrates a commitment to prioritize the workforce and invest in critical front-line employees who provide essential services to the Poway community. The six-year term balances the City's goals of remaining competitive for recruitment and retention purposes in the San Diego market and ensuring financial sustainability within the long-range forecast. Poway employees did not receive across the board salary increases the last two fiscal years, and the six-year contract defers pay increases another two years. Undesignated one-time funds will be used to provide one-time stipends in each of the next two fiscal years. The TA provides for salary increases beginning in 2023, but also requires employees to contribute more toward medical benefits beginning in 2023 and the City's CalPERS retirement plan beginning in 2024. The TA is an example of collaboration between the employees and the City to maintain competitive salaries and benefits while allowing time for the City to implement financial management strategies to ensure high quality services and programs continue being provided without service reductions. Key economic provisions of the Tentative Agreement with Teamsters include the following: 1. Stipends Teamsters employees will receive a one-time cash stipend in the amount of $7,500 in the first and second years of the agreement. Employees will have the choice to take the stipend as a cash payment or to deposit the stipend into the employee's ICMA 457 account, up to the IRS allowable maximum. Up to 6% of the stipends will be reported to CalPERS for employees considered CalPERS "classic" employees in the City's Tier 1 and Tier 2 retirement groups. Pursuant to the California Code of Regulations section 571.1, the stipends are not reportable as compensation for employees in Tier 3, commonly referred to as "PEPRA" employees hired after January 1, 2013, when the Public Employees' Pension Reform Act (PEPRA) took effect. Employees must be employed on the last day of the pay period prior to date the one-time stipend is distributed. The stipends shall be pro-rated for part-time, regular employees based on their FTE status. New employees hired within the first two years of the contract will receive a pro-rated stipend based on their hire date. 2 of30 July 20, 2021, Item #212. Salary Increases & Employee Cost Sharing of Medical and Retirement Effective at the beginning of the first full pay period in July 2023, an across the board salary increase of 3% will be provided to all employees represented by Teamsters. Beginning with new medical plan year in December 2023, the City will pay the same amount for the CIGNA PPO plan at all coverage levels as it does for the CIGNA HMO plan. Beginning August 1, 2021, regular part-time employees represented by Teamsters who are in the 24-month waiting period after hire to be eligible for health insurance may elect coverage under the City's medical, dental and/or plans. Effective at the beginning of the first full pay period in July 2024, 2025 and 2026, an across the board salary increase of 5% will be provided to all employees represented by Teamsters. The salary increases over the term of the agreement reflect median market increases during the years Poway employees did not receive salary increases as well as projected future market and CPI increases. Beginning the first full pay period in July 2024, employees considered "classic" members in the California Public Employees Retirement System (CalPERS) will contribute an additional one percent (1 %) toward the cost of the Cal PERS retirement plan. The total employee contribution will be 9%, which is 2% higher than the required employee rate of 7%. 3. Sick Leave Cash Out to Retirement Health Savings Account Effective July 1, 2021, the cap for sick leave cash out upon retirement deposited in employees' Retirement Health Savings Accounts will be increased to 6% for each of the respective tiers and 2% effective July 1, 2022 for each of the respective tiers. An additional tier for employees who retire after 20 or more years of service to the City of Poway will also be established effective July 1, 2021, with a cap that is 5% above the tier for employees who retire after 15-19 years of service. 4. Holidays The following holidays will be observed as additional one-time designated holidays during the six-year contract: • Thursday, December 23, 2021 (in lieu of the 8 hours of flex credit from the observed holiday on 12/24/21) • Monday and Tuesday, December 23 & 24, 2024 • Friday, December 26, 2025 Regular part-time employees represented by Teamsters will qualify for holiday pay from their first date of employment. The wait period of 18 months for three-quarter FTEs or 24 months for half-time FTEs before receiving holiday pay is eliminated. 5. ICMA457 The City will increase the dollar for dollar match to employees' 457 plan by an additional $50, beginning with the pay period that includes July 1, 2021, and an additional $50 beginning with the pay period that includes July 1, 2024. 3 of 30 July 20, 2021, Item #216. Recuperation Time The number of hours of recuperation time will be increased from four hours up to a maximum of nine hours for Teamsters employees to allow for a rest and recovery period after working extended work hours during the night responding to emergencies. 7. Shift Differential Shift differential pay will be 7.5% per hour for all employees represented by Teamsters. 8. Safety Shoe Reimbursement Employees may receive one additional pair of safety shoes per year up to a maximum of $125 at the supervisor's discretion if an employee's boots are damaged due to accidental circumstances in the course of work, and the employee has used their maximum allowance. Other items in the TA include increasing the amount of tuition reimbursement for Teamsters employees from $1,500 per fiscal year to $2,000 per fiscal year and reimbursing employees required to have a Class A license for a DMV certified medical evaluation with a DMV certified provider of their choice, up to a maximum of $150, instead of using the City's occupational health provider. Funds have been and continue to be budgeted for these items and no increase to budgeted amounts are anticipated for these items. The MOU with Teamsters will be revised to reflect other non-substantive clean-up revisions along with the changes listed above, which have been incorporated in the Resolution (Attachment A). The financial terms incorporated into the MOU will not extend beyond those included in the Resolution and Tentative Agreement (Exhibit A of Attachment A). A new MOU will be generated, finalized and executed with the City Council's approval of the attached Resolution (Attachment A). The MOU will be effective to July 1, 2021 through June 30, 2027, incorporating the terms listed in the TA attached to the Resolution (Exhibit A of Attachment A). Management/Confidential Employee Group Employees in the Management/Confidential Employee group will receive many of the same economic items as the Teamsters employees including: 1) $7,500 stipends in each of the next two fiscal years; 2) the same salary increases as Teamsters on the same schedule; 3) adjustments to the sick leave cash out caps rolled into Retirement Health Savings Accounts; 4) an increase in tuition reimbursement from $1,500 to $2,000 per employee per fiscal year; and 5) the same one-time, designated holidays as Teamsters. In addition, Fire Battalion Chiefs included in the Management/Confidential Employee Group will be eligible for 32 hours of executive leave per fiscal year, a one-time education stipend in the amount of either $250 for an Associate's degree or $500 for a Bachelor's degree, and $1,800 per fiscal year for maintaining a paramedic license in San Diego County. The Fire Battalion Chiefs will also receive the same eighteen (18) benefit hours as all other employees in the Management/Confidential group along with an increase in the maximum use of sick leave to be eligible for sick leave conversion from 45 hours to 48 hours. Management/Confidential employees will be required to participate in increased employee cost sharing similar to the agreement with Teamsters. Beginning in December 2023 with the new medical 4of30 July 20, 2021, Item #21plan year, the City will pay the same amount for the CIGNA PPO plan at all coverage levels as it does for the CIGNA HMO plan for Management/Confidential employees. In addition, beginning in July 2024, Management/Confidential employees considered "classic" members in the California Public Employees Retirement System (Cal PERS) will contribute an additional one percent (1 %) toward the cost of the Cal PERS retirement plan. The total employee contribution will be 9%, which is 2% higher than the required employee rate of 7%. Special salary grade adjustments are needed to maintain market competitiveness for certain Management/Confidential positions that are more than 10% below the median market in San Diego County. The following special salary grade adjustments will be effective the first pay period following City Council approval in an effort to bring certain positions closer to median, but not to median due salary compression (maintaining separation of salary grades between positions based on classifications) within the City's salary plan structure: Group 1 Management/Confidential Director of Development Services Fire Chief Group 2A Management/Confidential City Engineer Deputy Fire Chief Fire Battalion Chief (3.0 FTEs) Group 4 Management/Confidential Accounting Technician II 7.18% 7.18% 6.73% 6.73% 5.78% 6.13% The six-year agreement with Teamsters and the six-year salary and benefits plan for Management/Confidential employees is an investment in the City's high performing, highly valued employees and will provide for the continuation of harmonious relationships, which is in the best interest of the public. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: As discussed in the staff report above, the collaborative nature of a six-year term allows the City to use one-time funds in the near-term and offer salary increases in the latter part of the agreement. This helps ensure the financial sustainability of the City by delaying ongoing cost increases to later in the forecast period while also providing increases to invest in front-line workers and maintain competitiveness with salary and benefits. Balancing these two goals helps ensure the City can continue to ensure high quality services and programs are provided without service reductions. The estimated fiscal impact of the Tentative Agreement (TA) with Teamsters is outlined by fiscal year in Table 1.0 on the next page. 5 of30 July 20, 2021, Item #21Table 1.0 Agreement for Six-Year Successor Agreement with Teamsters Fiscal Estimated Cost Increase Estimated Cost Increase Year All Funds General Fund 2021-22 $852,383 $397,318 2022-23 $848,835 $393,635 2023-24 $210,269 $79,880 2024-25 $620,082 $238,866 2025-26 $1,068,223 $412,496 2026-27 $1,538,140 $594,423 Totals $5,137,932 $2,116,618 The totals shown in Table 1.0 above include roll-up costs and funds in the first and second year of the contract will be allocated primarily from the City's one-time fund balance. A combination of different funds will be used for years 3 through 6 of the agreement and will be included in future proposed and adopted fiscal year budgets. The total fiscal impact of the salary and benefit adjustments over the next six years for the Management/Confidential group of employees is outlined in Table 2.0 below: Fiscal Year 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 Totals Table 2.0 Salary and Benefit Plan Changes Management/Confidential Employees Estimated Cost Increase Estimated Cost Increase All Funds General Fund $892,176 $616,441 $891,507 $616,281 $462,153 $334,276 $1,051,883 $705,800 $1,724,871 $1,130,649 $2,431,504 $1,576,734 $7,454,094 $4,980,181 The totals shown in Table 2.0 above include roll-up costs and funds in the first and second year of the plan will be allocated primarily from the City's one-time fund balance. A combination of different funds will be used for years 3 through 6 of the agreement and will be included in future proposed and adopted fiscal year budgets. The Resolution attached as Attachment C includes the appropriations necessary to adjust the Fiscal Year 2021-22 budget to implement the provisions of the TA with Teamsters as well as the salary and benefit adjustments for the Management/Confidential Employee Group. Public Notification: Neil Sholander, Business Representative/President of Teamsters Local 911, 9900 Flower Street, Bellflower, CA 90706, was provided a copy of this report. 6 of30 July 20, 2021, Item #21Attachments: A. Resolution authorizing the execution of a six-year Memorandum of Understanding between the City and the Non-Safety Employees Bargaining Group, California Teamsters Local 911 for the period of July 1, 2021 through June 30, 2027 B. Resolution approving changes to the Management/Confidential Salary and Benefits Plan, approving Special Salary Adjustments and the Management/Confidential Salary Schedule C. Resolution appropriating funds in FY 2021-22 to implement the financial terms of the Tentative Agreement with the Non-Safety Employees Bargaining Unit, California Teamsters Local 911 and the Salary and Benefit Plan for the Management/Confidential Employee Group D. Resolution approving the Salary Schedule for the Non-Safety Employees effective July 20, 2021 Reviewed/ Approved By: Wendaserman Assistant City Manager 7 of30 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch"'2 City Manager July 20, 2021, Item #21RESOLUTION NO. 21-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY AUTHORIZING THE EXECUTION OF A SIX-YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND THE NON-SAFETY BARGAINING UNIT EMPLOYEES, CALIFORNIA TEAMSTERS LOCAL 911 FOR THE PERIOD OF JULY 1, 2021, THROUGH JUNE 30, 2027 WHEREAS, the City of Poway ("City"), through its management representatives, has met and conferred in good faith with the Non-Safety Bargaining Unit Employees, California Teamsters Local 911 ("Teamsters"); WHEREAS, the representatives of the City and Teamsters each have exchanged freely information, opinions and proposals on matters regarding wages, hours and other terms and conditions of employment for Teamsters employees; WHEREAS, the City and Teamsters representatives have agreed on the term of a new Memorandum of Understanding to be July 1, 2021 through June 30, 2027; WHEREAS, the City and Non-Safety Bargaining Unit representatives have agreed upon the items as contained in the attached Tentative Agreement (Exhibit A) to this Resolution; and WHEREAS, Teamsters has ratified the Tentative Agreement for the period of July 1, 2021 through June 30, 2027. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: That the items in the Tentative Agreement (Exhibit A) be incorporated into the Memorandum of Understanding and adopted for implementation effective July 1, 2021. Section 2: That the City Manager is hereby directed and authorized to implement all provisions of the adopted Tentative Agreement which are to be incorporated into the Memorandum of Understanding without further specific actions by the City Council. No additional financial terms will be assumed beyond the terms of the approved Tentative Agreement when finalizing and executing the Memorandum of Understanding. II II II II II II 8 of 30 ATTACHMENT A July 20, 2021, Item #21Resolution No. 21-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 9 of30 July 20, 2021, Item #21EXHIBIT A City of Poway & Teamsters, Local 911 Tentative Agreement Resolution No. 21-Page Date: June 16, 2021 1. Term: 6 Years 2. Article 4. Duration of Agreement This entire Agreement shall commence at 12:00 a.m. on July 1, 2021 and terminate at 11 :59 p.m. on June 30, 2027. Wages: Year 1: $7,500 Stipend Year 2: $7,500 Stipend Year 3: 3.0% Salary Increase Year 4: 5.0% Salary Increase Year 5: 5.0% Salary Increase Year 6: 5.0% Salary Increase Article 5. Wages Year 1 A cash stipend in the amount of Seven Thousand Five Hundred Dollars ($7,500) shall be paid in one payment in the first full pay period after ratification of the terms of a successor MOU by Teamsters and approval by the City Council. In order to receive the one-time payment, the employee must be employed on the last day of the first full pay period after ratification of the terms of a successor MOU by Teamsters and approval by the City Council. The stipend shall be pro-rated for part-time, regular employees based on their FTE. For example, a part-time, regular employee with . 50 FTE will receive 50% of the stipend payments at the same time as full-time regular employees. Any part of the stipends which equates to six percent (6%) or less of the employee's salary paid to Classic employees of Tier 1 & 2 will be reported to Ca/PERS. This stipend is not reportable to Ca/PERS for PEPRA employees. Employees who are hired after the first stipend payment will receive a pro-rated portion of the stipend payment based on the remaining pay periods in the fiscal year. Employees may have all or a portion of the stipend deposited to their ICMA 457 account upon following proper notification guidelines provided by the Human Resources or Finance departments, up to the maximum IRS allowable amount. Year 2 A cash stipend in the amount of Seven Thousand Five Hundred Dollars ($7,500) shall be paid in one payment in the first full pay period in July 2022. In order to receive the one-time payment, the employee must be employed on the last day of the first full pay period after ratification of the 1 10 of 30 July 20, 2021, Item #21Resolution No. 21-Page Date: June 16, 2021 terms of a successor MOU by Teamsters and approval by the City Council. The stipend shall be pro-rated for part-time, regular employees based on their FTE. For example, a part-time, regular employee with . 50 FTE will receive 50% of the stipend payments at the same time as full-time regular employees. Any part of the stipends which equates to six percent (6%) or less of the employee's salary paid to Classic employees of Tier 1 & 2 will be reported to Ca/PERS. This stipend is not reportable to Ca/PERS for PEPRA employees. Employees who are hired after the Year 2 stipend payment is made will receive a pro-rated portion of the stipend payment based on the remaining pay periods in the fiscal year. Employees may have all or a portion of the stipend deposited to their ICMA 457 account upon following proper notification guidelines provided by the Human Resources or Finance departments, up to the maximum IRS allowable amount. Year 3 Effective at the beginning of the first full pay period in July 2023, an across the board salary increase of 3% will be provided to all employees of the bargaining unit. Year4 Effective at the beginning of the first full pay period in July 2024, an across the board salary increase of 5% will be provided to all employees of the bargaining unit. Year 5 Effective at the beginning of the first full pay period in July 2025, an across the board salary increase of 5% will be provided to all employees of the bargaining unit. Year 6 Effective at the beginning of the first full pay period in July 2026, an across the board salary increase of 5% will be provided to all employees of the bargaining unit. 3. Sick Leave The City will increase the cap on cashing out accumulated sick leave upon retirement to 6% effective July 1, 2021 for each of the respective tiers and 2% effective July 1, 2022 for each of the respective tiers. The 6% reflects cumulative median increases in the San Diego market for the last two years and the next fiscal year. The 2% for July 1, 2022 reflects projected median increases for San Diego Market. The City also agrees to establish an additional tier for employees who retire after 20 or more years of service to the City of Poway to receive 50% of sick leave cash out with a cap that is 5% above the tier for employees who retire after 15 years of service. 2 11 of 30 July 20, 2021, Item #21Article 6. Leaves H. Payout of Sick Leave Resolution No. 21-Page Date: June 16, 2021 After five years of continuous employment with the City and upon retirement, an employee will receive compensation for unused sick leave as follows: 1. Upon retirement, an employee will receive 50% of all sick leave hours accrued and not used in the form of a deposit to their Retirement Health Savings Plan account. Payout of sick leave shall be provided on a graduated scale for employees who retire, based on years of service as follows: a. An employee who retires after 5-9 years of service will receive 50% cash-out, with a cap of $6,915.84 beginning July 1, 2021 and $7,054. 15 beginning July 1, 2022. b. An employee who retires after 10-14 years of service will receive 50% cash-out, with a cap of $9,221.13 beginning July 1, 2021 and $9,405.55 beginning July 1, 2022. c. An employee who retires after 15-19 years of service will receive 50% cash-out with a cap of $11,526.40 beginning July 1, 2021 and $11,756.94 beginning July 1, 2022. d. An employee who retires after 20 or more years of service will receive 50% cash-out with a cap of $12,102.73 beginning July 1, 2021 and $12,344.78 beginning July 1, 2022. e. Each cap will increase by the same percentage as across-the-board wage increases, beginning with the July 1, 2023 wage increase and as outlined in the table below: 7/1/2023 7/1/2024 7/1/2025 7/1/2026 3.0% 5.0% 5.0% 5.0% 5-9 years $ 7,265.78 $ 7,629.07 $ 8,010.53 $ 8,411.05 10-14 years $ 9,687.72 $ 10,172.11 $ 10,680.71 $ 11,214.75 15-19 years $ 12,109.64 $ 12,715.13 $ 13,350.88 $ 14,018.43 20+ years $ 12,715.13 $ 13,350.88 $ 14,018.43 $ 14,719.35 3 12 of 30 July 20, 2021, Item #21Resolution No. 21-Page Date: June 16, 2021 4. Holidays Article 6. Leaves B. Additional One-Time Designated Holidays The following holidays will be observed as additional one-time designated holidays: Year 1: Year 2: Year 3: Year 4: Year 5: Year 6: Thursday, December 23, 2021 (in exchange for the 8 hours of flex credit from Friday, December 24, 2021 which is a dark Friday) No additional one-time, designated holidays (Christmas is on Sunday-observed on Monday, December 26, 2022; New Year's Day is on Sunday -observed on Monday, January 2, 2023) No additional one-time, designated holidays (Christmas is on a Monday-City Hall will be closed; New Year's Day is also on a Monday-City Hall will be closed) Monday, December 23, 2024, and Tuesday, December 24, 2024 (City Hall is closed Friday, December 20, 2024.) Frida½ December 26, 2025 No additional one-time, designated holidays (Christmas is on a Friday and New Year's Day is on a Friday) 5. Holidays (Regular Part-Time Employees) Regular part-time employees represented by the Teamsters bargaining unit will qualify for holiday pay from their first date of employment. The wait period of 18 or 24 months before receiving holiday pay is eliminated. Article 7. Leaves C. Holiday Pay 13 of 30 1. Regular half-time employees shall receive regular pay for hours worked on a Designated Holiday. a. To be eligible for holiday pay, an employee must be in paid status in the pay period that includes the Designated Holiday. b. Half-time employees shall receive four hours holiday pay, whether on or off duty, on a Designated Holiday. 4 July 20, 2021, Item #21Resolution No. 21-Page Date: June 16, 2021 2. Regular three quarter-time employees shall receive regular pay for hours worked on a Designated Holiday. a. To be eligible for holiday pay, an employee must be in paid status in the pay period that includes the Designated Holiday. b. Three quarter-time employees shall receive six hours holiday pay, whether on or off duty, on a Designated Holiday. c. Three quarter-time employees shall receive double time for hours worked on a Designated Holiday. 6. ICMA 457 PLAN MATCH Year1 The City will increase the dollar for dollar match to employees' 457 plan by an additional $50, beginning with the pay period that includes July 1, 2021. The total dollar for dollar contribution will be a total of $850 per fiscal year. Year4 The City will increase the dollar for dollar match to employees' 457 plan by an additional $50, beginning with the pay period that includes July 1, 2024. The total dollar for dollar contribution will be a total of $900 per fiscal year. Article 8. Benefits A. 457 Plan 1. Beginning with the pay period that includes July 1, 2021, the City will provide a dollar-for-dollar match, of up to $850, for each employee's contributions to the 457 deferred compensation plan each fiscal year. Beginning with the pay period that includes July 1, 2024, the City will provide a dollar-for-dollar match, of up to $900, for each employee's contributions to the 457 deferred compensation plan each fiscal year. 7. Reimbursement for DMV Certified Medical Exam The City will reimburse employees required to undergo a OMV certified medical evaluation for a Class A license required by the job description for the cost of the medical evaluation if it is not through the City's occupational health provider, up to a maximum of $150 per required exam by a OMV certified medical provider. 5 14 of 30 July 20, 2021, Item #21Article 9. Special Pay Resolution No. 21-Page Date: June 16, 2021 Section 11 -Reimbursement for OMV Certified Medical Exam for Class A License Renewal The City will reimburse employees required to undergo a OMV certified medical evaluation for a Class A license for the cost of the medical evaluation if it is not through the City's occupational health provider, up to a maximum of $150 per required exam by a OMV certified medical provider. 8. Tuition Reimbursement Effective July 1, 2021, the City will increase the tuition reimbursement, under the guidelines of the current City policy, to $2,000 per fiscal year per employee. section t -Tuition Reimbursement A. The actual cost paid for tuition, books and required technical supplies and equipment, to a maximum of $2,000 per fiscal year per employee, will be reimbursed to all regular City employees for professional and technical courses in accredited educational institutions provided that: B. Regular City employees may also request reimbursement for actual cost paid for tuition, books and required technical supplies and equipment, to a maximum of $2,000 per fiscal year per employee, for courses that result in the issuance of Continuing Education Units (CEUs) or Continuing Education contact hours required for certification renewal, so long as: 9. Recuperation time The City agrees to providing recuperation pay up to a maximum of 9 hours or until the end of the employee's regular shift, whichever is less. Article 9. Special Pays D. Recuperation Time An employee who has been on duty for 16 or more hours within a 24-hour period shall be required to take a minimum of nine (9) consecutive hours off for rest and recovery prior to returning to work. If any portion of the required rest period extends into the employee's next scheduled work shift, the City shall pay the employee's regular base pay, hour for hour, up to a maximum of nine (9) hours for and through the end of the employee's next scheduled shift, if the employee is normally scheduled to work within the 9 hours of recuperation/rest time. Time from one (1) to seven (7) minutes shall be rounded down, and time from eight (8) to 14 minutes must be rounded up and counted as a quarter hour. Employees who are on recuperation time will still be required to respond to and work emergency situations when directed by their supervisors. 6 15 of 30 July 20, 2021, Item #2110. Shift Differential Shift differential pay will be 7.5% per hour. Section 6 -Shift Differential Resolution No. 21-Page Date: June 16, 2021 Shift differential refers to extra pay received by employees for working a less than desirable shift (late nights, evenings). Shift differential is additional compensation intended to recognize time worked outside of regular day shifts. Shift differential does not apply for emergency responses where overtime, call back pay or recuperation time applies, or if an employee requests a temporary adjustment to their schedule. It is meant for regular schedules that are outside of regular or typical day shifts or a temporary change in schedule required to complete a project outside of normal business hours whereby the employees' hours or regular schedule are flexed in order to complete the project. A. Filtration Plant Employees Filtration Plant employees required to work the afternoon and evening shift (3:00 p.m. to 11:00 p.m.) and the night shift (11:00 p.m. to 7:00 a.m.) shall be entitled to receive shift differential pay of 7. 5% in addition to their regular rate of pay. Filtration Plant employees assigned to work the forty-eight (48) hour weekend shift shall receive shift differential while working from 7:00 a.m. to 3:00 p.m. or 3:00 p.m. to 11 :00 p.m. on Saturday and Sunday and while working from 11 :00 p.m. to 7:00 a.m. on Saturday night and Sunday night. B. Public Works Employees Public Works employees in the Park Maintenance Worker classification who are assigned a work schedule beginning at or after 11 :30 a.m. which requires them to work a shift that ends between the hours of 3:30 p.m. and 5:00 a.m. shall be entitled to shift differential pay of 7. 5% of base pay in addition to their regular hourly rate of pay regardless of when the employee's meal period is scheduled. However, if the meal period is scheduled outside these hours, the employee will be paid shift differential only for the hours actually worked. Public Works employees who are required to work outside of their regular work schedule shall receive shift differential pay of 7. 5% of base pay. C. Community Services Employees Community Services employees in the Park Ranger classifications who are assigned a work schedule beginning at or after 11 :30 a.m. which requires them to work a shift that ends between 3:30 p.m. and 5:00 a.m. shall be entitled to shift differential pay of 7. 5% of base pay in addition to their regular hourly rate of pay regardless of when the employee's meal period is scheduled. However, if the meal period is scheduled outside these hours, the employee will be paid shift differential only for the hours actually worked. 7 16 of 30 July 20, 2021, Item #21Resolution No. 21-Page Date: June 16, 2021 D. General Employees scheduled to work during the general office hours of 7:30 a.m. to 5:30 p.m. will not receive shift differential pay for hours worked between 3:30 p.m. and 5:30 p.m. 11. Safety Shoes Employees may receive one additional pair of safety shoes per year up to a maximum of $125 at the supervisor1s discretion if an employee's boots are damaged due to accidental circumstances in the course of work, and the employee has used their maximum allowance. Article 9. Special Pay For employees in the Lake Operations, Park and Landscape Maintenance Divisions, and Public Works, the City will provide uniforms that are required by the City in accordance with the following: A. Safety Shoes Safety shoes shall be worn by employees as required by the City. Employees will be provided reimbursement for safety shoes and/or inserts, laces, toe-protectors or resoling of safety shoes up to $ $250 each fiscal year, on as as-needed basis for regular wear and tear. Employees may purchase more than one pair of safety shoes each fiscal year, as needed, within the annual $250 maximum. In order to receive reimbursement, the employee must submit original receipts as proof of purchase to their department. Reimbursement will be made through accounts payable. All other safety clothing required in the performance of duties shall be furnished by the City. If during the course of work, an employee's safety shoes are destroyed due to unforeseen or accidental circumstances while working and the employee has used their maximum allowance, a supervisor may authorize one replacement pair of safety shoes up to $125 per fiscal year. The list of authorized classifications for reimbursement of safety shoes is listed in Part I (Full-Time Employees), Article 9, Section 2. 12. HVAC Pay 17 of 30 Section 8 -HVAC Differential Pav Employee(s) in the classifications of Facilities Technician and/or Senior Facilities Maintenance Technician may be assigned to perform HVAC-related duties. Employee(s) assigned to HVAC-related duties for which the individual is 8 July 20, 2021, Item #2113. 18 of 30 Resolution No. 21-Page Date: June 16, 2021 required to hold an EPA Universal Certificate and the tasks performed are documented in the City's asset management system, shall receive a salary differential of 10% above their salary range and step for the time they spend working on the HVAC systems when the HVAC work is directed by their supervisor. Medical Cost Sharing Beginning with new medical plan year in December 2023, the City proposes to pay the same amount for the CIGNA PPO plan at all coverage levels as it does for the CIGNA HMO plan. See table below based on current monthly medical insurance rates. Article B, Benefits Section 1 -Hospital and Medical Beginning on the date of hire, an employee, upon proper application and acceptance, shall be covered by health and dental benefits with coverage as set forth from time to time in the agreement between the City and the carrier(s). Health benefit premiums for each employee shall be paid in full by the City. Dependents of each employee may also be covered by health benefit coverage, upon proper application and acceptance. The cost of dependent coverage of the medical and dental plan will be shared equally between the City and the employee for any PPO plans. The City contribution for dependent care for HMO medical plans is 60%. The employee contributes 40% of the dependent contribution. The employee's share of the cost will be made through payroll deduction. The parties to this Agreement agree to work with the City Insurance Committee to keep the overall cost of future premium increases to a minimum. Effective with the new plan year December 2023, health benefit premiums for each employee shall be paid as follows: Kaiser HMO Employee Only: Employee Plus One: Family: CIGNA HMO Employee Only: Employee Plus One: Family: CIGNA PPO Employee Only: Employee Plus One: Family: 9 City Paid 100% Employee Only 100% Employee Only + 60% of Dependent 100% Employee Only + 60% of Family City Paid 100% Employee Only 100% Employee Only + 60% of Dependent 100% Employee Only + 60% of Family City Paid Equivalent to the amount paid by the City of CIGNA HMO at the Employee Only coverage level Equivalent to the amount paid by the City of CIGNA HMO at the Employee Plus One coverage level Equivalent to the amount paid by the City of CIGNA HMO at the Family coverage level July 20, 2021, Item #21Resolution No. 21-Page Date: June 16, 2021 During the term of this MOU, the City reserves the right to make carrier or plan changes if our existing medical coverage requires a change that is outside of the City's control such as but not limited to: required legislative changes, a cost increase that exceeds the City's budgeted amount, the elimination of a current plan offering, or the removal of a major medical group from the carrier's provider network. In the event that this situation arises, the City, at its earliest opportunity will notify employees of the changes taking place. In situations where changes to contributions are required, the City will meet and confer with the Association. 14. Medical -Regular Part-Time Employees Beginning the first day of the month following ratification by Teamsters and approval by the City Council, regular part-time employees represented by the Teamsters bargaining unit who are in the 24 month waiting period after hire to be eligible for medical coverage may elect coverage under the City's medical and/or dental plans. Article 9. Benefits Section 1 -Hospital and Medical The first day of hire, an employee, upon proper application and acceptance, shall be covered by health and dental benefits with coverage as set forth from time to time in the agreement between the City and carrier(s). A. Half-time employees may elect coverage under the City's medical and/or dental insurance to be effective on the first day of employment. 1. The half-time employee shall pay 50%, and the City shall pay 50% of the health benefit premiums for the employee-only coverage. 2. The cost of dependent coverage of the medical and dental plan of the employee's choice will be as follows for half-time employees: the employee will pay seventy-five percent (75%), and the City will pay twenty-five percent (25%). B. Three quarter-time employees may elect coverage under the City's medical and/or dental insurance to be effective on the first day of employment. 1. Three quarter-time employees shall pay 25% and the City shall pay 75% of the health benefit premiums for the employee-only coverage. 2. The cost of dependent coverage of the medical and dental plan of the employee's choice will be as follows for three quarter-time employees: the employee will pay sixty-two and one-half percent (62. 5%), and the City will pay thirty-seven and one-half percent (37.5%). The employee's share of the cost will be made through payroll deduction. 10 19 of 30 July 20, 2021, Item #21Section 2 -Eve care Resolution No. 21-Page Date: June 16, 2021 A. Half-time employees may elect coverage under the City's vision care plan effective on the first day of employment. The City shall pay 50% of the cost of the premium for the coverage of the employee and his/her dependents, and the employee shall pay the remaining 50% of the premium. The employee's share of the cost will be made through payroll deduction. B. Three quarter-time employees may elect to be covered by the City's vision to be effective on the first day of employment. C. The City shall pay seventy-five percent (75%} of the cost of the premium for the coverage of the employee and his/her dependents, and the employee shall pay the remaining twenty-five percent (25%} of the premium. The employee's share of the cost will be made through payroll deduction. 15. Additional PERS Contribution Beginning July 1, 2024 (Year 4 of the proposed contract term) Teamsters employees considered CalPERS "classic" members in Tier 1 and Tier 2, will contribute an additional 1 % towards CalPERS costs for a total of 9%. For those employees hired on or before December 31, 2011, and considered "classic" members as defined above: Employees considered "classic" members will contribute the required member share of seven percent (7%} of his/her compensable earnable salary, on a pre-tax basis, to the extent permitted by the Internal Revenue Code, towards the "member contribution" portion of their Ca/PERS retirement account. In addition, employees considered "classic" members will contribute another one percent (1%} pursuant to Government Code Section 20516 toward the employer's share, on a pre-tax basis to the extent permitted by the Internal Revenue Code. Beginning the first full pay period in July 2024, employees considered "classic" members will contribute an additional one percent (1%} pursuant to Government Code Section 20516 towards the employer's share, on a pre-tax basis to the extent permitted by the Internal Revenue Code. The total employee contribution will be 9%. The City will provide under its contract with Ca/PERS the following provisions for each employee in this first tier: 1. The Indexed Level 1959 Survivors Benefits; 2. The retirement benefit of 2%-at-55 formula; and 3. The One Year Final Compensation option. Upon retirement from the City of Poway following at least 20 years of service, the City also provides a supplemental PARS administered benefit applied to Poway and all prior Ca/PERS service with previous public agencies. When combined with Ca/PERS, this is the equivalent of the 2. 7% @ 55 formula total retirement benefit. 11 20 of 30 July 20, 2021, Item #21Resolution No. 21-Page Date: June 16, 2021 For employees hired after December 31. 2011. and considered "classic" members as defined above: The City will provide under its contract with Ca/PERS the following provisions for each employee in this second tier: 1. The retirement benefit of 2%-at-60 formula; 2. The Indexed Level 1959 Survivors Benefits; and 3. Average of three highest years' compensation. Employees in the second tier and considered "classic" members will contribute the required member share of seven percent (7%) of his/her compensable earnable salary on a pre-tax basis, to the extent permitted by the Internal Revenue Code, towards the "member contribution" portion of their Ca/PERS retirement account. In addition, employees in the second tier considered "classic" members will contribute another one percent (1 %) pursuant to Government Code Section 20516 toward the employer's share, on a pre-tax basis to the extent permitted by the Internal Revenue Code. Beginning the first full pay period in July 2024, employees considered "classic" members will contribute an additional one percent (1%) pursuant to Government Code Section 20516 towards the employer's share, on a pre-tax basis to the extent permitted by the Internal Revenue Code. The total employee contribution will be 9%. Regular full-time employees hired after January 9, 2012 are not eligible for a supplemental PARS benefit. 16. General MOU Language Clean Up 12 21 of 30 July 20, 2021, Item #21ACCEPTED ON _ _..;;J;...;;.;cu.;;..;...ne;;........;....16'-'-. -=-20.;;..;;;2;;;...;.1 __ by: FOR GENERAL EMPLOYEE REPRESENTATIVES Neil Sholander Bryce Greschke ~QR Stephanie Lacombe Jeff Zamora Jesse Gonzales Michael Alcanter 22 of 30 FOR CITY OF POWAY Jodene Dunphy Will Wiley ~ I Resolution No. 21-Page Date: June 16, 2021 zieruh~~ July 20, 2021, Item #21RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CHANGES TO THE MANAGEMENT/CONFIDENTIAL SALARY AND BENEFITS PLAN, APPROVING SPECIAL SALARY ADJUSTMENTS, AND THE MANAGEMENT/CONFIDENTIAL SALARY SCHEDULE WHEREAS, the Management/Confidential Employee Group is unrepresented and the group's benefits are specified in a Salary and Benefits Plan document; WHEREAS, the City Council authorizes adjustments to the Salary and Benefits Plan document for Management/Confidential employees; WHEREAS, the City Manager is hereby directed and authorized to implement all provisions listed below which are to be incorporated into the Salary and Benefit Plan for Management/Confidential employees without further specific actions by the City Council. No additional financial terms will be assumed beyond the terms included herein when finalizing and executing the Salary and Benefits Plan for the Management/Confidential Group effective July 1, 2021 through June 30, 2027: Stipends: II II II 23 of 30 A cash stipend in the amount of Seven Thousand Five Hundred Dollars ($7,500) shall be paid in one payment in the first full pay period after City Council approval. In order to receive the stipend payment, the employee must be employed on the last day of the first full pay period after approval by the City Council. A cash stipend in the amount of Seven Thousand Five Hundred Dollars ($7,500) shall be paid in one payment in the first full pay period in July 2022. In order to receive the stipend payments, the employee must be employed on the last day of the first full pay period in July 2022. The stipend shall be pro-rated for part-time, regular employees based on their FTE. For example, a part-time, regular employee with .50 FTE will receive 50% of the stipend payments at the same time as full-time regular employees. Any part of the stipends which equates to six percent (6%) or less of the employee's salary paid to Classic employees of Tier 1 & 2 will be reported to CalPERS. This stipend is not reportable to CalPERS for PEPRA employees. Employees who are hired after the stipend payment is made will receive a pro-rated portion of the stipend payment for that fiscal year based on the remaining pay periods in the fiscal year. Employees may have all or a portion of the stipend deposited to their ICMA 457 account upon following proper notification guidelines provided by the Human Resources or Finance departments, up to the maximum IRS allowable amount. ATTACHMENT B July 20, 2021, Item #21Salary Increases: Sick Leave: Holidays: Tuition Reimbursement: Medical Cost Sharing: Additional PERS Contribution: Fire Battalion Chiefs: 24 of 30 Resolution No. 21-Page 2 Employees in the Management/Confidential Group will receive across the board pay increases effective the first full pay period in July as follows: July 2023 3% July 2024 5% July 2025 5% July 2026 5% The cap for depositing unused sick leave upon retirement into an employee's Retirement Health Savings Plan account is increased by 6% effective July 1, 2021, for each of the respective tiers and 2% effective July 1, 2022, for each of the respective tiers. The City also agrees to establish an additional tier for employees who retire after 20 or more years of service with the City of Poway to receive 50% of sick leave hour accrued in the form of a deposit to their Retirement Health Savings Plan account with a cap that is 5% above the tier for employees who retire after 15-19 years of service. Additional one-time designated holidays will be observed on the following dates: • Thursday, December 23, 2021 (in exchange for 8 hours of flex credit from Friday, December 24, 2021, which is a closed Friday) • Monday, December 23, 2024 and Tuesday, December 24, 2024 • Friday, December 26, 2025 The amount of tuition reimbursement for employees will be increased from $1,500 to $2,000 per fiscal year beginning July 1, 2021, under the guidelines of the current City policy. Beginning with the new medical plan year in December 2023, the City will pay the same dollar amount for the CIGNA PPO plan at all coverage levels as it does for the corresponding coverage level of the CIGNA HMO plan. Beginning the first full pay period in July 2024, Management/ Confidential employees considered CalPERS "classic" members in Tier 1 and Tier 2 will contribute an additional 1 % towards CalPERS costs for a total of 9%. Fire Battalion Chiefs will be eligible for 32 hours of executive leave per fiscal year, a one-time education stipend in the amount of either $250 for an Associate's degree or $500 for a Bachelor's degree, and $1,800 per fiscal year for maintaining a paramedic license in San Diego County. The Fire Battalion Chiefs will also receive the same eighteen (18) benefit hours as all other employees in the Management/Confidential group along with an increase in the maximum use of sick leave to be eligible for sick leave conversion from 45 hours to 48 hours. July 20, 2021, Item #21Resolution No. 21-Page 3 WHEREAS, the Management/Confidential positions listed below are approved for one-time Special Salary Adjustments in order to bring salary ranges closer to median within the San Diego County market; Group 1 Exempt At-Will: Director of Development Services: Grade 831 to Grade 860 Fire Chief: Grade 831 to Grade 860 Group 2A Exempt At-Will: City Engineer: Grade 751 to Grade 780 Deputy Fire Chief: Grade 751 to 780 Fire Battalion Chief: Grade 542 to Grade 570 Group 4 Non-Exempt: Accounting Technician II: Grade 333 to Grade 360. WHEREAS, there are no across the board changes to the actual salaries incorporated into the attached Salary Schedule for Fiscal Year 2021-22 or Fiscal Year 2022-23; WHEREAS, the Salary Schedule for employees designated as Management/Confidential, attached hereto as Exhibit A, is hereby adopted, effective July 26, 2021. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California at a regular meeting this 20th day of July, 2021, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 25 of 30 July 20, 2021, Item #2126 of 30 Classification Title City Manager lr.rr. ,n 1 ICvamnt At-\AJ;!I Assistant City Manager Director of Community Services Director of Development Services Director of Finance Director of Human Resources & Risk Management Director of Public Works Fire Chief Grrnin ?A l=v<>mnt At-Will Assistant Director of Public Works Utilities Assistant Director of Public Works Operations Assistant Director of Finance Operations City Clerk City Engineer City Planner Deputy Fire Chief Finance Manager Fire Battalion Chief (not at-will/2912 hrs/yr) Parks and Trails Area Manager Principal Engineer -Utilities Public Works Operations Manager Recreation Area Manager Recreation Area Manaeer CY-Rated\ Revenue and Operations Manager Water Treatment Plant Manager Group 2B Exempt Accountant Associate Civil Engineer Associate Planner Community Outreach Coordinator Economic Development Administrator GIS Analyst Information Technology Analyst Management Analyst Network & Computer Systems Administrator Senior Accountant Senior Civil Engineer Senior Code Compliance Officer Senior Fire Safety Inspector Senior Human Resources Analyst Senior Management Analyst Senior Planner Special Projects Engineer Utilities Administrator Water Utilities Distribution Supervisor Group 3 Non-Exempt Assistant Engineer Assistant Planner Code Compliance Officer Construction Maintenance Supervisor EXHIBIT A City of Poway Management I Confidential Salary Schedule Effective lulv 26, 2021 I Grade I Approx. Monthly I Step 1 Salarv Range 999 20,604 871 13,981 -16,994 80.6623 791 11,612 · 14,115 66.9951 860 13,572 · 16,497 78.3028 831 12,665 -15,393 73.0694 771 11,060 · 13,443 63.8049 831 12,665 · 15,393 73.0694 860 13,572-16,497 78.3028 731 9,937 -12,080 57.3277 731 9,937 · 12,080 57.3277 731 9,937 · 12,080 57.3277 681 8,778 · 10,670 50.6411 780 11,139 · 13,540 64.2668 731 9,937 -12,080 57.3277 780 11,139 · 13,540 64.2668 681 8,778 · 10,670 50.6411 570 9,285 · 11,286 38.2636 560 6,470 · 7,865 37.3303 731 9,937 · 12,080 57.3277 681 8,778 -10,670 50.6411 560 6,470 -7,865 37.3303 681 8.778 · 10.670 50.6411 681 8,778 · 10,670 50.6411 681 8,778 -10,670 50.6411 481 5,326 -6,475 30.7255 602 7,261 -8,826 41.8893 521 5,902 -7,174 34.0517 571 6,678 -8,117 38.5265 631 7,744 · 9,413 44.6789 531 6,050 · 7,354 34.9030 531 6,050 · 7,354 34.9030 531 6,050 -7,354 34.9030 631 7,744 · 9,413 44.6789 561 6,515-7,919 37.5868 682 8,871 · 10,782 51.1773 501 5,618 · 6,829 32.4109 541 6,201 -7,537 35.7756 571 6,678 -8,117 38.5265 571 6,678 -8,117 38.5265 581 6,845 -8,320 39.4897 571 6,678 -8,117 38.5265 631 7,744-9,413 44.6789 640 7,884 -9,583 45.4833 531 6,050 -7,354 34.9030 491 5,481 -6,662 31.6204 461 5,090 -6,186 29.3627 501 5,618 - 6,829 32.4109 Facilities Maintenance and Special Districts Supervisor 501 5,618-6,829 32.4109 Fire Safety Inspector 461 5,090 -6, 186 29.3627 Fleet Maintenance Supervisor 521 5,902 · 7,174 34.0517 Management Assistant 491 5,481 · 6,662 31.6204 Senior Accounting Technician 460 5,054 · 6,144 29.1623 Senior Parks Maintenance Crew Leader 441 4,844 · 5,888 27.9478 Utility Systems Supervisor 650 8,081 -9,822 46.6204 Wastewater Utilities Supervisor 620 7,504 · 9,121 43.2917 Group 4 Non-Exempt Accounting Technician II 360 3,948 -4,799 22.7815 Administrative Assistant Ill 331 3,692 -4,488 21.3002 Executive Assistant to the City Manager 451 4,965 -6,035 28.6465 Human Resources Technician I 412 4,498 · 5,468 25.9523 Human Resources Technician II 451 4,965 -6,035 28.6465 Senior Administrative Assistant -Confidential 380 4,148 · 5,042 23.9348 I Step 2 I Step 3 I 84.6955 88.9300 70.3449 73.8622 82.2180 86.3289 76.7229 80.5591 66.9951 70.3450 76.7229 80.5591 82.2180 86.3289 60.1939 63.2037 60.1939 63.2037 60.1939 63.2037 53.1732 55.8319 67.4801 70.8541 60.1939 63.2037 67.4801 70.8541 53.1732 55.8319 40.1767 42.1856 39.1968 41.1567 60.1939 63.2037 53.1732 55.8319 39.1968 41.1567 53.1732 55.8319 53.1732 55.8319 53.1732 55.8319 32.2616 33.8747 43.9837 46.1827 35.7528 37.5413 40.4510 42.4745 46.9109 49.2574 36.6466 38.4798 36.6466 38.4798 36.6466 38.4798 46.9109 49.2574 39.4644 41.4385 53.7360 56.4230 34.0300 35.7324 37.5628 39.4418 40.4510 42.4745 40.4510 42.4745 41.4623 43.5364 40.4510 42.4745 46.9109 49.2574 47.7575 50.1454 36.6466 38.4798 33.2000 34.8609 30.8295 32.3718 34.0300 35.7324 34.0300 35.7324 30.8295 32.3718 35.7528 37.5413 33.2000 34.8609 30.6206 32.1520 29.3440 30.8119 48.9514 51.3990 45.4563 47.7291 23.9206 25.1167 22.3643 23.4831 30.0776 31.5822 27.2488 28.6119 30.0776 31.5822 25.1318 26.3887 Step 4 I 93.3767 77.5553 90.6453 84.5869 73.8622 84.5869 90.6453 66.3639 66.3639 66.3639 58.6235 74.3968 66.3639 74.3968 58.6235 44.2948 43.2145 66.3639 58.6235 43.2145 58.6235 58.6235 58.6235 35.5684 48.4920 39.4178 44.5975 51.7195 40.4032 40.4032 40.4032 51.7195 43.5098 59.2440 37.5184 41.4133 44.5975 44.5975 45.7124 44.5975 51.7195 52.6527 40.4032 36.6033 33.9898 37.5184 37.5184 33.9898 39.4178 36.6033 33.7587 32.3520 53.9690 50.1156 26.3725 24.6570 33.1608 30.0420 33.1608 27.7073 Step 5 98.0420 81.4331 95.1776 88.8056 77.5553 88.8056 95.1776 69.6909 69.6909 69.6909 61.5582 78.1167 69.6909 78.1167 61.5582 46.5096 45.3752 69.6909 61.5582 45.3752 61.5582 61.5582 61.5582 37.3547 50.9165 41.3896 46.8285 54.3067 42.4243 42.4243 Resolution No. 21-Page 3 42.4243 54.3067 45.6863 62.2062 39.3952 43.4849 46.8285 46.8285 47.9992 46.8285 54.3067 55.2853 42.4243 38.4343 35.6900 39.3952 39.3952 35.6900 41.3896 38.4343 35.4464 33.9702 56.6674 52.6213 27.6911 25.8903 34.8195 31.5448 34.8195 29.0926 Approved al !he July 20. 202 I Poway Ciry Council Meeling July 20, 2021, Item #21RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROPRIATING FUNDS IN FISCAL YEAR 2021-22 TO IMPLEMENT THE FINANCIAL TERMS OF THE TENTATIVE AGREEMENT WITH THE NON-SAFETY BARGAINING UNIT, CALIFORNIA TEAMSTERS LOCAL 911 AND THE SALARY AND BENEFIT PLAN FOR MANAGEMENT/CONFIDENTIAL EMPLOYEE GROUP WHEREAS, on July 20, 2021, the City of Poway has reached a Tentative Agreement with the Non-Safety Employee Bargaining Unit, California Teamsters Local 911 and the City Council has authorized the City Manager to execute a successor Memorandum of Understanding with Teamsters with a term of July 1, 2021 through June 30, 2027; WHEREAS, the City Council of the City of Poway has authorized certain salary and benefit changes for employees in the Management/Confidential Employee Group for Fiscal Year 2021-22 through Fiscal Year 2026-27; WHEREAS, an appropriation in Fiscal Year 2021-22 of $852,383 is necessary to implement the year 1 changes to the Memorandum of Understanding document for employees designated as Teamsters; WHEREAS, an appropriation in Fiscal Year 2021-22 of $892,176 is necessary to implement the year 1 changes to the Salary and Benefit Plan document for employees designated as Management/Confidential; WHEREAS, the appropriations for year 1 changes to the successor Memorandum of Understanding with Teamsters and the Salary and Benefits Plan document for Management/Confidential employees will come from unassigned General Fund balance, Gas Tax Fund balance, Road Repair Fund balance, Prop A (70%) Fund balance, Prop A (30%) Fund balance, Drainage Fund balance, LMD Funds fund balance, Water Fund balance, Wastewater Fund balance, and Fleet -Vehicle Maintenance fund balance and sufficient funds are available. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 1. That the above recitations are true and correct. 2. That the Director of Finance is authorized to appropriate $1,744,559 from fund balance to cover the Fiscal Year 2021-22 expenses for Teamsters and the Management/Confidential employees. II II II II 27 of 30 ATTACHMENT C July 20, 2021, Item #21Resolution No. 21-Page 2 3. That the following appropriations by fiscal year will be included in the applicable operating budgets: Fiscal Year Amount Fiscal Year 2022-23 $1,740,342 Fiscal Year 2023-24 672,422 Fiscal Year 2024-25 1,671,965 Fiscal Year 2025-26 2,793,094 Fiscal Year 2026-27 3,969,644 Total $10,847,467 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of July, 2021, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Debora Harrington, Interim City Clerk 28 of 30 July 20, 2021, Item #21RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE TEAMSTERS SALARY SCHEDULE EFFECTIVE JULY 20, 2021 WHEREAS, the Facilities Maintenance Crew Leader was retitled to Senior Facilities Technician and approved as part of the City of Poway Position Classification Plan on June 16, 2021; WHEREAS, a Salary Schedule is established for designated Non-Safety Employees represented by Teamsters Local 911; and WHEREAS, there are no across the board changes to the actual salaries incorporated into the Teamsters Salary Schedule for Fiscal Year 2021-22. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1 : The above recitals are true and correct; and Section 2: The Salary Schedule for employees designated as Teamsters, attached hereto as Exhibit A, is hereby adopted, effective July 20, 2021. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California at a regular meeting this 20th day of July, 2021, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 29 of 30 ATTACHMENT D July 20, 2021, Item #21Classification Title (In alphabetical order) I Accounting Technician I Administrative Assistant I Administrative Assistant II Administrative Assistant Ill Aquatics Coordinator Box Office Coordinator Construction Maintenance Crew Leader Construction Maintenance Worker I Construction Maintenance Worker II Contract Specialist/Inspector Cross-Connection Specialist Customer Services Field Worker Customer Services Technician I Customer Services Technician II Development Services Aide Engineering Inspector Engineering Technician I Engineering Technician II Equipment Mechanic Facilities Maintenance Technician I Facilities Maintenance Technician II Front of House Coordinator GIS Technician I GIS Technician II Lead Customer Services Field Worker Lead Customer Services Technician Lead Engineering Inspector Park Ranger Parks Maintenance Crew Leader Parks Maintenance Worker I Parks Maintenance Worker II Records Technician Recreation Coordinator Recreation Leader I Senior Administrative Assistant Senior Equipment Mechanic Senior Facilities Maintenance Technician Senior Park Ranger Senior Utility Systems Mechanic Senior Utility Systems Technician Stormwater Maint. & Const. Worker I Stormwater Maint. & Const. Worker II Technical Theater Coordinator Utility Systems Mechanic Utility Systems Technician Warehouse Associate Wastewater Utilities Crew Leader Wastewater Utilities Worker I Wastewater Utilities Worker II Water Meter Reader Water Treatment Plant Operator I Water Treatment Plant Operator II Water Treatment Plant Operator Ill Water Utilities Crew Leader Water Utilities Worker I Water Utilities Worker II 30 of 30 EXHIBIT A City of Poway Non-Safety Salary Schedule Effective July 20, 2021 Grade I Approx. I Step 1 I Salary Range 291 3,326 -4,043 19.1880 240 2,936 -3,569 16.9394 270 3, 162 -3,843 18.2419 330 3,667 -4,457 21.1549 320 3,577 -4,348 20.6389 320 3,577 -4,348 20.6389 390 4,252 -5, 169 24.5332 290 3,322 -4,038 19.1653 330 3,667 -4,457 21.1549 460 5,055 -6, 144 29.1623 500 5,580 -6,782 32.1898 430 4,694 - 5,705 27.0801 291 3,326 -4,043 19.1880 332 3,695 -4,492 21.3201 240 2,936 -3,569 16.9394 470 5,181 -6,298 29.8914 430 4,694 -5,705 27.0801 470 5,181 -6,298 29.8914 400 4,359 -5,298 25.1465 330 3,667 -4,457 21.1549 370 4,048 - 4,920 23.3510 320 3,577 -4,348 20.6389 430 4,694 -5,705 27.0801 470 5,181 -6,298 29.8914 470 5,181 -6,298 29.8914 430 4,693 -5,705 27.0801 550 6,313 -7,673 36.4198 250 3,010 -3,658 17.3629 390 4,252 -5, 169 24.5332 290 3,322 -4,038 19.1653 330 3,667 -4,457 21.1549 350 3,852 -4,683 22.2259 320 3,577 -4,348 20.6389 170 2,470 -3,002 14.2504 370 4,048 - 4,920 23.3510 452 4,980 -6,053 28.7288 430 4,694 -5,705 27.0801 290 3,322 -4,038 19.1653 560 6,471 -7,865 37.3303 580 6,798 -8,263 39.2201 290 3,322 -4,038 19.1653 330 3,667 -4,457 21.1549 320 3,577 -4,348 20.6389 520 5,862 -7,125 33.8194 520 5,862 -7,125 33.8194 370 4,048 -4,920 23.3510 500 5,580 - 6,782 32.1898 390 4,252 -5, 169 24.5332 430 4,694 - 5,705 27.0801 370 4,048 - 4,920 23.3510 420 4,579 -5,566 26.4196 470 5,181 -6,298 29.8914 520 5,862 -7,125 33.8194 520 5,862 - 7,125 33.8194 400 4,359 -5,298 25.1465 430 4,694 -5,705 27.0801 Step 2 I Step 3 20.1477 21.1548 17.7863 18.6759 19.1540 20.1119 22.2129 23.3238 21.6711 22.7549 21.6711 22.7549 25.7601 27.0484 20.1237 21.1301 22.2129 23.3238 30.6206 32.1520 33.7993 35.4892 28.4343 29.8563 20.1477 21.1548 22.3861 23.5055 17.7863 18.6759 31.3861 32.9558 28.4343 29.8563 31.3861 32.9558 26.4041 27.7246 22.2129 23.3238 24.5188 25.7451 21.6711 22.7549 28.4343 29.8563 31.3861 32.9558 31.3861 32.9558 28.4343 29.8563 38.2411 40.1535 18.2310 19.1428 25.7601 27.0484 20.1237 21.1301 22.2129 23.3238 23.3374 24.5046 21.6711 22.7549 14.9631 15.7113 24.5188 25.7451 30.1652 31.6734 28.4343 29.8563 20.1237 21.1301 39.1968 41.1567 41.1811 43.2402 20.1237 21.1301 22.2129 23.3238 21.6711 22.7549 35.5106 37.2864 35.5106 37.2864 24.5188 25.7451 33.7993 35.4892 25.7601 27.0484 28.4343 29.8563 24.5188 25.7451 27.7406 29.1276 31.3861 32.9558 35.5106 37.2864 35.5106 37.2864 26.4041 27.7246 28.4343 29.8563 I Resolution No. 21-Page 2 Step 41 Step 5 22.2126 23.3231 19.6093 20.5896 21.1171 22.1727 24.4893 25.7136 23.8920 25.0864 23.8920 25.0864 28.4000 29.8199 22.1861 23.2952 24.4893 25.7136 33.7587 35.4464 37.2637 39.1269 31.3483 32.9155 22.2126 23.3231 24.6808 25.9147 19.6093 20.5896 34.6027 36.3326 31.3483 32.9155 34.6027 36.3326 29.1100 30.5654 24.4893 25.7136 27.0315 28.3830 23.8920 25.0864 31.3483 32.9155 34.6027 36.3326 34.6027 36.3326 31.3483 32.9155 42.1601 44.2678 20.0995 21.1043 28.4000 29.8199 22.1861 23.2952 24.4893 25.7136 25.7290 27.0153 23.8920 25.0864 16.4967 17.3213 27.0315 28.3830 33.2571 34.9200 31.3483 32.9155 22.1861 23.2952 43.2145 45.3752 45.4022 47.6723 22.1861 23.2952 24.4893 25.7136 23.8920 25.0864 39.1499 41.1070 39.1499 41.1070 27.0315 28.3830 37.2637 39.1269 28.4000 29.8199 31.3483 32.9155 27.0315 28.3830 30.5840 32.1132 34.6027 36.3326 39.1499 41.1070 39.1499 41.1070 29.1100 30.5654 31.3483 32.9155 Approved at the July 20, 20 21 Poway City Council Meeting