01-18-2022 Agenda Packetspeak and are joining the meeting online, please let the City Clerk know prior to the meeting or the
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Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
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The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority,
Public Financing Authority and Successor Agency to the Poway Redevelopment Agency
CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION:
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be
brought forward by the general public for comment; however, the City Council will not be able to
discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.
Speakers have one opportunity to address the Council under Public Comment.
CONSENT CALENDAR: The Con sent Calendar may be enacted in one motion by the Council with a
Roll Call Vote without discussion unless a Council member, a member of the public, or City Manager
requests that an item be removed for discussion.
2 of 4 Regular City Council Meeting January 18, 2022
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the November 16, 2021 Regular City Council Meeting Minutes, December 7, 2021
Special City Council Meeting Minutes and December 7, 2021 Regular City Council Meeting Minutes
3. Adoption of Resolution to Continue the Existence of a Local Emergency Within the City of Poway
Due to the Novel Coronavirus (COVID-19) Global Pandemic
4. Approval of Consultant Agreements with Michael Baker International Inc. and Charles Abbott
Associates, Inc. for As-Needed Plan Review Services; RFP No. 22-008
5. Acceptance of the FY 2021-22 Citywide Striping Project; Bid No. 21-013, with Safe USA, Inc., as
Complete
6. Acceptance of the LED Street & Safety Lighting Conversion Project; RFP No. 19-025 with Tanko
Lighting, Inc. as Complete
7. Poway Dam Emergency Action Plan -removed from agenda on 1/12/2022
8. Approval of Consultant Agreement with Balance Hydrologies, Inc. for Design Services for the
Rattlesnake Creek 30% Design Project; RFP No. 22-014
9. Approval of Consultant Agreements with Right-of-Way Engineering Services, Inc. and NV5, Inc. for
As-needed Land Surveying Services; RFP 22-015
10. A change to the budgeted Full Time Equivalent (FTE) level of the Regular, Part-Time Park Ranger in
Interpretive Services of the Community Services Department from .48 FTE to .50 FTE
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION:
11. Second Reading and Adoption of Ordinance No. 851 entitled "An Ordinance of the City Council of
the City of Poway, California, Approving Specific Plan Amendment 21-002 to the Old Coach Golf
Estates Specific Plan to Transfer Development Rights of Four Single-Family Residential Lots
Included in Tentative Tract Map (TTM) 06-02 to a 15.6-Acre Remainder Parcel to be Developed with
Six Single-Family Residential Lots, Establish Development Standards for a Proposed Subdivision
and Preserve Open Space."
City Manager's Recommendation: It is recommended that the City Council adopt Ordinance No.
851.
PUBLIC HEARINGS:
12. Post 2020 Census Redistricting Process -Third Public Hearing
City Manager's Recommendation: It is recommended that the City Council provide direction to
staff to pursue the "balanced" option of maintaining the districts as they exist in the currently
adopted district map.
3 of 4 Regular City Council Meeting January 18, 2022
STAFF REPORTS:
13. A Resolution Approving an All-Way Stop Control at the Intersection of Martincoit Road and Stone
Canyon Road
City Manager's Recommendation: It is recommended that the City Council adopt the Resolution
approving an all-way stop control at the intersection of Martincoit Road and Stone Canyon Road.
14. A Resolution Removing No Parking on the West Side of Old Pomerado Road in Front of Bette
Bendixen Park
City Manager's Recommendation: It is recommended that the City Council adopt the Resolution,
removing approximately 70 feet of a "No Standing or Parking" zone in front of Bette Bendixen Park
on Old Pomerado Road.
15. Final Needs Assessment for Community Park
City Manager's Recommendation: It is recommended that the City Council adopt the Final Needs
Assessment for Community Park.
WORKSHOPS: None
COUNCIL-INITIATED ITEMS:
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
AD!OURNMENT
State of California
County of San Diego
)
) 55.
)
AFFIDAVIT OF POSTING
I, Ana Marie Alarcon, CMC, Senior Administrative Assistant of the City of Poway, hereby declare under penalty of
perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and
provided on January 12, 2022 Said meeting to be held at 7:00 p.m., January 18, 2022, in the Poway City Council
Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance
to City Hall.
(1 ~
Ana Marie Alarcon, CMC, City Clerk
4 of 4 Regular City Council Meeting January 18, 2022
1 of 20January 18, 2022, Item #2AGENDA REPORT CityofPoway DATE: TO: FROM: January 18, 2022 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk~ (858) 668-4535 or cgallagher@po!(iay.org CITY COUNCIL SUBJECT: Approval of the November 16, 2021 Regular City Council Meeting Minutes, December 7, 2021 Special City Council Meeting Minutes and December 7, 2021 Regular City Council Meeting Minutes Summary The City Council Meeting Minutes submitted hereto for approval are: • November 16, 2021 Regular City Council Meeting Minutes • December 7, 2021 Special City Council Meeting Minutes • December 7, 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 November 16, 2021 Regular City Council Meeting Minutes, the December 7, 2021 Special City Council Meeting Minutes and December 7, 2021 Regular City Council Meeting Minutes. Public Notification: None. Attachments: A. November 16, 2021 Regular City Council Meeting Minutes B. December 7, 2021 Special City Council Meeting Minutes C. December 7, 2021 Regular City Council Meeting Minutes Reviewed/ Approved By: Wendy Kaserman Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney City Manager
2 of 20January 18, 2022, Item #2ATTACHMENT ANOTE: 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 November 16, 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; Deputy City Attorney Jayson Parsons; City Attorney Alan Fenstermacher, via teleconference; City Clerk Carrie Gallagher; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Interim Fire Chief Scott Post; 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 Barry Leonard introduced Troop 643, who led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATIONS Mayor Vaus announced that the City is holding the first redistricting public hearing tonight in conjunction with a regularly scheduled City Council meeting, the public hearing must begin at a time certain in accordance with California Elections Code. The public hearing was advertised to begin at 7: 15 p.m. therefore the public hearing must begin at 7: 15 p.m. or as soon as practicable inhere is someone speaking at 7:15 p.m.
3 of 20January 18, 2022, Item #2City of Poway -Minutes -November 16, 2021 PUBLIC COMMENT Heather LaForge of the New West Ballet Foundation introduced a group of performers who spoke regarding the upcoming performance, The Nutcracker at the Poway Center for the Performing Arts. They thanked Council for their support of the PCPA. Bo Matthys of the Poway Symphony Orchestra spoke regarding their upcoming concert program and noted the groups eagerness to discuss the future of the PCPA. Yuri Bohlen questioned Council on various topics including the Carriage Center Mall, the Outpost and the Poway sign. Peter Neild spoke regarding Candy Cane Lane traffic warning signs, Starridge Park and potential opportunities with the unlit baseball fields behind Poway High School. Katherine Hirsch via teleconference, thanked Council and staff for their hard work on Community Park assessment and work on the PCPA. Mayor Vaus reordered the agenda to hear COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS at this juncture. Mayor Vaus reordered the agenda to hear Item 9. Initiation of Post 2020 Census Redistricting Process and First Public Hearing at this juncture. CONSENT CALENDAR Motioned by Councilmember Mullin, seconded by Deputy Mayor Leonard to approve Consent Calendar Items 1 through 8. 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 October 19, 2021 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 21-091 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. City's Investment Report as of September 30, 2021 5. Award of Agreement to Nth Generation for Storage Area Network (SAN) and Data Backup Solution, RFP No. 22-005 6. Acceptance of the FY 2021-22 Street Maintenance Project; Bid No. 21-014, with Pavement Coatings Co., as Complete
4 of 20January 18, 2022, Item #2City of Poway -Minutes -November 16, 2021 7. Acceptance of the FY 2020-21 ADA Barrier Removal -Lake Poway Pathways Project; Bid No. 21-016, with LC. Paving & Sealing, Inc., as Complete 8. Acceptance of the Dock Repair Project with Bellingham Marine Industries, Inc., as Complete In response to a resident question regarding the continuation of Item 3, Adoption of Resolution No. 21-091 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", City Manager Hazeltine explained that the recommendation to continue to extend the emergency is to ensure that we are eligible for any state and federal funding that we may be entitled to. ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS Mayor Vaus reordered the agenda to hear Item 9 prior to Consent Calendar. 9. Initiation of Post 2020 Census Redistricting Process and First Public Hearing Mayor Vaus opened the public hearing at 7:15 p.m. City Attorney Alan Fenstermacher, via teleconference presented the report along with a PowerPoint presentation. He said by state law since the City has by-district elections, the City is required to go through a redistricting process after each decennial census to evaluate district boundaries to ensure compliance with federal and state law and account for population changes. Tonight, is the first of two initial hearings held for the purposes of soliciting input from the public about what factors should be taken into consideration when developing potential maps. No maps will be discussed until the third and fourth required public hearings. The first hearing is also an opportunity to educate the public about the process and what will take place. Mr. Fenstermacher provided information about the legal requirements the district map must meet, as well as information prepared by the City's demographer, National Demographics Corporation (NOC), using the 2020 Census data. The information showed that the City's current City Council districts are still balanced since there was minimal population change. Additionally, Mr. Fenstermacher noted that the current districts meet both federal and state requirements. The third and fourth public hearings are tentatively scheduled for January 18, and February 1, 2022 to provide opportunities for the public to comment on any potential draft maps. The City will need to either re-adopt the existing map, which remains fully compliant with federal and state laws, or adopt a new map by April 17, 2022 in order to have the map in place for the November 2022 General Election. The City is tentatively scheduled to have a first reading of the proposed map on February 1, 2022 followed by second reading and adoption on February 15, 2022.
5 of 20January 18, 2022, Item #2City of Poway -Minutes -November 16, 2021 Public Comment: Bernie Guzman spoke regarding divided neighborhoods, he requested Council revise the districts to reconnect his area of Garden Road with the rest of Garden Road. Yuri Bohlen stated that besides a few anomalies, the current map contains all the required criteria therefore change is not needed prior to the 2030 census. Peter Neild spoke regarding minor anomalies within District One. Jessie Mellor, via teleconference inquired on legal requirements for voter material in languages other than English and spoke regarding empowering residents to draw their own maps. Mayor Vaus closed the public hearing at 7:30 p.m. Council discussion ensued, factors and limitations that go into drawing district lines and potential ramifications if even minor changes are made to the current map were discussed. Council noted looking forward to exploring their options and working through the process. Motioned by Mayor Vaus, seconded by Councilmember Frank to 1) Set the remaining public hearing meeting dates for the Post 2020 Census Redistricting Process; and 2) Provide direction to staff/demographer to pursue the "balanced"option of maintaining the districts as they exist, addressing the questions that Council has in the currently adopted district map or pursue a more comprehensive process to develop a new map. Motion carried unanimously. 10. Resolution Adopting/Approving an Amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2020-21 through 2024-25 Mayor Vaus opened the public hearing at 7:46 p.m. City Engineer Melody Rocco presented the report along with a PowerPoint presentation. She explained that this item is an amendment to the 2021 five-year Regional Transportation Improvement Program funded through the Transnet extension ordinance which was approved by the San Diego County voters in 2004. Every two years local cities are required to prepare a five-year list of projects to be funded through this program. The current list was approved by in May 2020 and amended in May 2021. This is another amendment to the current list of projects. The construction cost estimate for the Espola Rd bike lanes project is nearly double the available construction funds and staff recommends placing the project on hold until future funding is available and in order to avoid losing the program to funds, the money is being reallocated. No speakers. Mayor Vaus closed the public hearing at 7:50 p.m. Council discussion ensued. Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 21-092 entitled "A Resolution of the City Council of the City of Poway, California, Adopting/Approving an Amendment to the Transnet Local Street Improvement
6 of 20January 18, 2022, Item #2City of Poway -Minutes -November 16, 2021 Program of Projects for Fiscal Years 2020-21 through 2024-25" and amend the FY 2021-22 Capital Improvement Program Budget to appropriate $700,000 in RTIP funds to the FY 2021-22 Street Overlay Project ST019. Motion carried unanimously. 11. An Ordinance Adopting the Titan Way Engineering and Traffic Survey Mayor Vaus opened the public hearing at 7:55 p.m. City Engineer Melody Rocco presented the report along with a PowerPoint presentation. She stated that speeding on Titan Way has not been a concern in the past due to the frequent school related traffic and the presence of children. During the pandemic however, the school was closed and there was little traffic and no children present. So, without an approved speed survey, the Sheriff's Department was unable to enforce the speed limit because there were no children present. They requested that staff establish a speed limit on Titan Way after traffic volumes increased near pre pandemic levels. The Titan Way Engineering and Traffic Survey was completed, and findings presented to the Traffic Safety Committee on October 13, 2021. Staff recommends establishing a speed limit of 25 miles per hour on Titan Way. No speakers. Mayor Vaus closed the public hearing at 7:59 p.m. Council discussion ensued. Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to introduce Ordinance No. 850 entitled "An Ordinance of the City Council of the City of Poway, California, Adopting the Titan Way Engineering and Traffic Survey" and schedule adoption of the Ordinance for December 7, 2021. Motion carried by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: STAFF REPORTS Mullin, Frank, Grosch, Leonard, Vaus None None None None 12. Adopt a Resolution Approving a Preliminary Official Statement in Connection with the Sale of Taxable Pension Obligation Bonds Director of Finance Aaron Beanan presented the report along with a PowerPoint presentation. He reminded the City Council the first presentation on potentially issuing pension obligation bonds (POBs) was presented to the City Council in August 2021. Due to historically low interest rates, the City has the opportunity through POBs to essentially refinance its pension debt to a lower interest rate and in turn generate annual savings. At the August 3 meeting, the City Council authorized the initial steps necessary to issue POBs with the understanding staff needed to return to the City Council at a future meeting in order for the City Council to approve actual issuance of the POBs. Mr. Beanan presented the risk analysis summary explaining the process of a modified level debt service structure, he also reminded the City Council that during the August meeting there was discussion about issuing debt for a portion of the City's unfunded accrued liability (UAL) or issuing POBs for the City's full UAL amount. Mr. Beanan explained that the UAL is always a snapshot in time and regardless of which approach the
7 of 20January 18, 2022, Item #2City of Poway -Minutes -November 16, 2021 City takes to pay down pension liability, there will always be a UAL. Based upon staff and consultants analysis, staff is recommending POBs be issued for the full UAL amount based on the anticipated annual savings the City will realize. He added the CalPERS discount rate has a direct impact on what the City pays to CALPERS annually for UAL. The discount rate is anticipated to drop to 6.50% which will increase the City's UAL and in turn annual payments to CALPERS. Mr. Beanan explained that POBs are just one component of a larger City strategy to address retirement costs. As part of the requested City Council action on this item, staff recommended the City Council adopt the draft pension reserve and funding policy included with the staff report. Mr. Beanan's presentation concluded with a review of all the requested action items related to issuance of the POSS, the pension reserve and funding policy, and upcoming items related to the POBs including a pending Standard & Poors credit rating and completion of the judicial validation process. No speakers. Council discussion ensued. In response to Council questions about the pension reserve and funding policy, Mr. Beanan stated that the idea would be to take potential general fund surplus in each year after the audit was finalized and Council could choose to transfer some or all of that savings toward pension costs. Use of the funds for these purposes would depend on the City's overall financial standing and other priorities. Mr. Beanan stated that Pension Obligation Bonds (POB's) are issued based on a snapshot in time with all of the information we have today. He reminded Council that this process is not eliminating but rather refinancing unfunded liability which can only be managed and never fully extinguished. Motioned by Councilmember Mullin, seconded by Councilmember Frank to adopt Resolution No. 21-093 entitled "A Resolution of the City Council of the City of Poway, California, Authorizing the Sale of Taxable Pension Obligation Bonds to Refinance the City's Obligation to the California Public Employees' Retirement System, Approving the Form of a Preliminary Official Statement and a Continuing Disclosure Agreement, and Approving Additional Actions Related Thereto". Motion carried unanimously. 13. DRAFT Needs Assessment for Community Park City Planner David DeVries and PROS Consulting Vice President Neelay Bhatt presented the item along with a PowerPoint presentation. Mr. DeVries reminded the City Council that this assessment was the result of a Council initiated item brought forward by Deputy Mayor Leonard and Councilmember Grosch. He stated City staff contracted with PROS Consulting to complete a usage and needs assessment of Community Park. He added the assessment included extensive research and analysis and a very robust public outreach program. He provided a brief background on the qualifications of the PROS Consultants and noted City staff is requesting that Council review the considerations from the consultant team and then provide feedback.
8 of 20January 18, 2022, Item #2City of Poway -Minutes -November 16, 2021 Neelay Bhatt, Vice President of PROs Consulting discussed the process, spoke regarding trends and community input. He described the extensive public outreach done as a part of the needs assessment and complimented the City on the level of public participation through the survey process. Top priorities that emerged from the public outreach process included trees/shade, connectivity of pathways, more lighting, restrooms in closer proximity to play structures, adventure amenities, and dedicated Pickleball courts. Preferred marketing mechanisms, preferences for updating existing amenities and consideration for adding new amenities such as exercise equipment were established. Other topic discussed included improvements in operations such as hours of operation, maintenance improvements, and utilization of technology. Staff explained that the final needs assessment will be presented to the City Council for consideration in January 2022 and that prior to incorporating any projects into future Capital Improvement Program (CIP) budgets, additional project design and planning would need to be done. Public Comment: Yuri Bohlen requested clarification on the proposed shade structure and noted he fully supports and looks forward to updates to the park. Michael Yee, via teleconference, spoke regarding bicycle connectivity and bicycle parking. Council discussion ensued and direction was provided. WORKSHOPS None. COUNCIL-INITIATED ITEMS None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) Councilmember Mullin reported on the Metro Wastewater Commission and provided an overview of how billing and payments are handled with accuracy as a primary mission. Mayor Vaus reported while visiting Poway Fire Station 1, he attended a few medical calls and had dinner with the staff. He praised them for their professionalism and love of the City. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) 14. Conference with Labor Negotiators Government Code Section 54957.6 Designated City Representatives: Chris Hazeltine, Wendy Kaserman, Aaron Beanan and Jodene Dunphy
9 of 20January 18, 2022, Item #2City of Poway -Minutes -November 16, 2021 Employee Organizations: Management/Confidential Deputy City Attorney Jayson Parsons announced that a report out of any action taken during Closed Session, would be done at the next Regular City Council meeting. Mayor Vaus adjourned the meeting into Closed Session at 9:31 p.m. City Council came out of Closed Session at 10:14 p.m. ADJOURNMENT The meeting adjourned at 10:14 p.m. Carrie Gallagher City Clerk City of Poway, California
10 of 20January 18, 2022, Item #2ATTACHMENT BNOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL SPECIAL MEETING MINUTES -CLOSED SESSION December 7, 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 Special Meeting to order at 6:45 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 PUBLIC COMMENT None. CONSENT CALENDAR None. COUNCIL-INITIATED ITEMS None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) None. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION
11 of 20January 18, 2022, Item #2City of Poway -Minutes -December 7, 2021 1. Conference with Legal Counsel -Existing Litigation (Government Code Section 54956.9(d)) Name of Case: Shahram Elihu dba Blue Pacific Engineering & Construction v. City of Poway San Diego Superior Court Case No. 37-2021-00033761 Mayor Vaus adjourned the meeting into Closed Session at 6:46 p.m. City Council came out of Closed Session at 6:55 p.m. and City Attorney Fenstermacher announced that there was no reportable action. ADJOURNMENT The meeting adjourned at 6:55 p.m. Carrie Gallagher, CMC City Clerk City of Poway, California
12 of 20January 18, 2022, Item #2ATTACHMENT CNOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES December 7, 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 Present: 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 Carrie Gallagher; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Director of Community Services Audrey Denham; Interim Fire Chief Scott Post; 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 PUBLIC COMMENT Torrey Powers, via email, sent in correspondence regarding renaming the event "Christmas in the Park" to something more inclusive.
13 of 20January 18, 2022, Item #2City of Poway -Minutes -December 7, 2021 Kathleen Lippitt, via email, sent in correspondence regarding environmental threats from marijuana cultivation in public forests. Katherine Hirsch spoke regarding Southern California Ballet's upcoming performance of The Nutcracker to be held at the Poway Center for the Performing Arts. She introduced a few individual dancers and encouraged investing in the arts to bring value to the community. Mara Wendel spoke regarding Southern California Ballet, the upcoming performance of The Nutcracker and she encouraged the community to continue to support the program. Tom Farley spoke regarding his traditional Christmas tree light display and dedicated this year's tree number 33 to Councilmember Dave Grosch as a way to thank him for always being available to his constituents. Yuri Bohlen noted that it was the 80th anniversary of Pearl Harbor and spoke regarding the 41 st anniversary of Poway's incorporation. He suggested that every December 1 going forward be Poway's official annual birthday. Joe St. Lucas spoke regarding a Happy Holidays vs. a Merry Christmas greeting in a politically correct society. Tammy Slater spoke regarding suspicious activity at the Metate Trailhead driveway. In response to Ms. Slater's comment, San Diego County Sheriff Deputy Captain Dave Schaller provided an update. Mayor Vaus reordered the agenda to hear Item 10. Post 2020 Census Redistricting Process -Second Public Hearing at this juncture. CONSENT CALENDAR Motioned by Mayor Vaus, seconded by Councilmember Frank to approve Consent Calendar Items 1 through 5 and 7 through 8. Motion carried by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Mullin, Frank, Grosch, Leonard, Vaus None None None None Motioned by Councilmember Mullin, seconded by Councilmember Frank to approve Consent Calendar Item 6. Motion carried by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Mullin, Frank, Leonard Vaus,Grosch None None None 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2
14 of 20January 18, 2022, Item #2City of Poway -Minutes -December 7, 2021 2. Approval of the November 2, 2021 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 21-094 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 (COVI D-19) Global Pandemic" . 4. Adoption of Resolution No. 21-095 entitled "A Resolution of the City Council of the City of Poway, California, Approving Application(s) for Per Capita Grant Funds" 5. Acceptance of the Old Poway Park Museum Gas Line Replacement project, Project No. MN031, with Tri-Group Construction and Development, Inc., as Complete (Item 6 pulled by Mayor Vaus for separate consideration) 6. Lease of City-owned Property located at 13875 Kirkham Way with PTI US Towers II, LLC, for Use of a Portion of the Property for the Construction and Operation of a Cell Tower 7. Approval of Local Appointments List of City Council Appointed Committees for 2022 8. Adoption of Resolution No. 21-096 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 Management/Confidential Salary Schedule," Resolution No. 21-097 entitled "A Resolution of the City Council of the City of Poway, California, Amending the City of Poway Personnel Rules to Add A New Benefit for New Regular Employees Providing Credit For Years of Service at Prior Public Sector Employers Through Initial Vacation Accrual Rates," and Resolution No. 21-098 entitled "A Resolution of the City Council of the City of Poway, California, Approving the Part-Time Temporary/Seasonal Wage Schedule and The Non-Safety Salary Schedule" Mayor Vaus reordered the agenda to hear Item 12. Overview of the Proposed SAN DAG 2021 Regional Plan and Resolution Opposing Adoption of the Proposed Regional Plan at this juncture. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION 9. Second Reading and Adoption of Ordinance No. 850 entitled "An Ordinance of the City Council of the City of Poway, California, Adopting the Titan Way Engineering and Traffic Survey." No speakers. Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Ordinance No. 850 entitled "An Ordinance of the City Council of the City of Poway, California, An Ordinance of the City Council of the City of Poway, California, Adopting the Titan Way Engineering and Traffic Survey." Motion carried by the following roll-call vote: Ayes: Noes: Mullin, Frank, Grosch, Leonard, Vaus None 3
15 of 20January 18, 2022, Item #2City of Poway -Minutes -December 7, 2021 Abstained: None Absent: None Disqualified: None PUBLIC HEARINGS: Mayor Vaus reordered the agenda to hear Item 10. after Public Comment. 10. Post 2020 Census Redistricting Process -Second Public Hearing Mayor Vaus opened the Public Hearing at 7: 16 p.m. City Attorney Alan Fenstermacher presented the report along with a PowerPoint presentation. He stated that tonight's hearing was the second of two initial public hearings and added that this hearing is intended to take public comment to consider the process and answer any questions by City Council prior to the release of any new draft map(s). He explained that there would be two additional hearings; the first on January 18, 2022, to discuss and take comments on any draft map(s); and the second on February 1, 2022, to further discuss, take comments and to conduct the first reading of the proposed ordinance. He further explained that the described timeline would allow for the map to be fully adopted by ordinance prior to the April 17, 2022 deadline. He spoke regarding federal and state requirements for the map and other traditional redistricting principles noting that the current map remains in compliance. Public Comment: Pete Babich spoke regarding missed opportunity by not having spent more time on the formal redistricting process. Yuri Bohlen spoke regarding compliance with the process and voiced a preference for redrawing maps in 2030. Peter Neild spoke regarding neighborhood communities and the need for geographic emphasis on drawing the district lines in order to comply with the state. Amit Asaravala via teleconference spoke regarding the redistricting process stating that a form letter can be indicative of an item with a high level of interest and questioned whether the Council was considering the public views. End of Public Comment. Mayor Vaus closed the Public Hearing at 7:30 p.m. Council discussion ensued in favor of Option 2 of the staff report. Council commented and concurred that while they are elected to districts, they govern for the entire City and not by district. 11. Specific Plan Amendment (SPA) 21-002 and Tentative Tract Map (TTM) 21-004, a Request to Amend the Old Coach Golf Estates Specific Plan to Designate Portions of a Remainder Parcel Residential with Revised Development Standards, Allow for Six Single-Family Residential Lots on the Remainder Parcel, Rescind TTM06-02, Allowing for One Residential 4
16 of 20January 18, 2022, Item #2City of Poway -Minutes -December 7, 2021 Unit, and Preserve 120 Acres of Open Space. Assessor's Parcel Numbers 277-171-22, 277-071-05, 277-071-14, 277-071-16, 277-071-19 and 277-080-04 Mayor Vaus opened the Public Hearing at 7:51 p.m. Director of Development Services Bob Manis presented the item along with a PowerPoint presentation. Mr. Manis explained that the applicant Sunroad Enterprises is proposing to designate portions of a remainder parcel residential, allow for six single-family residential lots and establish development standards for the subdivision on a property located north of the intersection of Espola Road and Old Coach Road. Public Comment: Lisa Gordon, representing applicant Sunroad Enterprises, stated they agree with the staff report as presented as well as staff's recommendation. She explained that there would be no density increase and the development would provide six new home sites with 120 acres of preserved open space. She mentioned planned improvements to benefit the community. Mayor Vaus closed the Public Hearing at 8:08 p.m. Council discussion ensued. In response to Council inquiry, Mr. Manis explained that under the current subdivision, 111 acres are to be preserved as open space however with the transfer, an additional 9 acres would be added. Additionally, Mr. Manis noted that the empty lot remainder parcel at Fire Station 2 has no specific plan assigned to it. Discussion ensued that Sunroad Enterprises could be a better community partner and suggestion was made that they join and be active members of the Chamber of Commerce and do more for the community of Poway and not just the community they propose to develop. Council concurred that the proposed plan is better than the existing plan. Motioned by Councilmember Frank, seconded by Councilmember Mullin to adopt Resolution No. 21-099 entitled "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map 21-004 for A Six-Lot Subdivision, Rescinding TTM06-02 Allowing for One Single-Family Residential Lot to Remain and Transferring A Four-Lot Density From TTM06-02 to TTM21-004 with Approximately 120 Acres of Open Space to Remain; Assessor's Parcel Numbers 277-171-22, 277-071-05, 277-071-14, 277-071-16, 277-071-19, and 277-080-04." Motion carried 4/1 with Mayor Vaus abstaining from the vote. Motioned by Councilmember Frank, seconded by Councilmember Mullin to adopt Ordinance No. 851 entitled "An Ordinance of the City Council of the City of Poway, California, Approving Specific Plan Amendment 21-0012 to the Old Coach Golf Estates Specific Plan to Transfer Development Rights of Four Single-Family Residential Lots Included in Tentative Tract Map (TTM) 06-02 to a 15.6-Acre Remainder Parcel to be Developed with Six Single-Family Residential Lots, Establish Development Standards for a Proposed Subdivision and Preserve Open Space." Motion carried by the following roll-call vote: 5
17 of 20January 18, 2022, Item #2Ayes: Noes: Abstained: Absent: Disqualified: STAFF REPORTS City of Poway -Minutes -December 7, 2021 Mullin, Frank, Grosch, Leonard None Vaus None None Mayor Vaus reordered the agenda to hear Item 12. after item 8. 12. Overview of the Proposed SANDAG 2021 Regional Plan and Resolution Opposing Adoption of the Proposed Regional Plan City Manager Chris Hazeltine introduced the item. Mr. Hazeltine explained that the proposed 2021 SANDAG Regional Plan shifts transportation planning and funding away from constructing and widening highways to focusing on transit option. In the proposed $165 billion plan, transit projects would receive $105 billion, where roads and highways would receive approximately $40 billion. Mr. Hazeltine further explained that in order to achieve the transit vision, SANDAG proposes to generate new revenue from two future $.05 cent increases and $1.25 fee on Uber and Lyft rides along with a road usage fee, which charges individuals per mile traveled. On Friday December 10, 2021 the proposed 2021 Regional Plan will be presented to the SAN DAG Board of Directors for adoption. Based on how the plan is currently written in ways that do not benefit all member agencies, staff has drafted a resolution for consideration and adoption that opposes adoption of the 2021 Regional Plan until it is revised to include a more balanced approach to transportation planning and funding. No speakers. Council discussion ensued in favor of the adoption of the Resolution Opposing Adoption of the Proposed Regional Plan. Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to adopt Resolution No. 21-100 entitled "A Resolution of the City Council of the City of Poway, California, Opposing the Adoption of the SANDAG Proposed 2021 Regional Plan." Motion carried unanimously. 13. Development Review 21-003 -Outpost: a Request to Modify an Approved Mixed-Use Development (Development Review 17-010) at 13249-13253 Poway Road Director of Development Services Bob Manis presented the item along with a PowerPoint presentation. Mr. Manis explained the previously approved project consisted of three buildings, two of which were three story with a total of 40,213 square feet of commercial use and 53 residential units. He stated thatconstruction has been paused at the site. Mr. Manis further explained that CAPEXCO is requesting a modified project that no longer includes a fitness center, requests a reduction of 25,000 square feet of commercial space and the addition of 19 residential units, for a total of 72 units of which nine will be affordable to low-income households. 6
18 of 20January 18, 2022, Item #2City of Poway -Minutes -December 7, 2021 Public Comment: Spoke in support: Pete Babich Howard Blackson Spoke neutrally towards the project: Danny Sherlock Yuri Bohlen Joe St. Lucas End of Public Comment. Council discussion ensued. Council expressed disappointment that the project would no longer be the marquee Poway Road redevelopment project that was presented to the City Council when the project was originally approved. Additionally, the City Council commented regarding negative impacts on the community resulting from the paused project including longstanding sidewalk issues and missed payments to the Boys and Girls Club for storage space rental. Councilmember Grosch inquired on an anticipated timeframe for completion of the project. Motioned by Councilmember Frank, seconded by Councilmember Mullin to adopt Resolution No. 21-101 entitled "A Resolution of the City Council of the City of Poway, California, approving development review 21-003, a request to modify an approved mixed-use development (development review 17-010) located at 13249-13253 Poway Road. Assessor parcel number 317-473-20." Motion carried 4/1 with Councilmember Grosch voting no. WORKSHOPS: None. COUNCIL-INITIATED ITEMS: 14. Appointment of Deputy Mayor for 2022 No speakers. Motioned by Mayor Vaus, seconded by Councilmember Grosch to appoint Councilmember Mullin to serve as Deputy Mayor for the one-year term commencing December 7, 2021. Motion carried unanimously. 15. Appointment to Regional Agencies' Boards, Commissions and Committees for 2022 Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to make the following appointments to the regional agencies' Boards, Commissions and Committees for calendar year 2022. Motion carried unanimously. 1. San Diego Division, League of California Cities 7
19 of 20January 18, 2022, Item #2City of Poway -Minutes -December 7, 2021 a. Primary -Caylin Frank b. 1st Alternate -Dave Grosch 2. Metropolitan Transit System (MTS) a. Primary -Caylin Frank b. 1st Alternate -John Mullin 3. San Diego Association of Governments Board (SANDAG) a. Primary -Steve Vaus b. 1st Alternate -John Mullin c. 2nd Alternate -Caylin Frank 4. Metro Wastewater Commission/JPA a. Primary -John Mullin b. 1st Alternate -Director of Public Works 5. San Dieguito River Park JPA a. Primary -Dave Grosch b. 1st Alternate -Barry Leonard 6. City of Poway/PUSD Joint Use Subcommittee for lnterjurisdictional Cooperation a. Primary -Barry Leonard b. 1st Alternate -Caylin Frank 7. Regional Solid Waste Association (RSWA) a. Primary-Dave Grosch b. 1st Alternate -John Mullin 8. Goodan Ranch Policy Committee a. Primary -Barry Leonard b. 1st Alternate -Director of Community Services COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) Deputy Mayor Mullin acknowledged the City having received a triple A rating, the highest that can be issued for pension obligation bonds. He thanked staff, colleagues and acknowledged his predecessors. He pointed out prior City Manager, Jim Bowersox, had put the wheels in motion for the sound financial management that we exercise today and stated we should all be proud. Mayor Vaus reiterated that the SANDAG Regional Plan transportation tax vote was scheduled for Friday morning. He added that Deputy Mayor Mullin would serve as alternate due to Mayor Vaus having a previous obligation. He encouraged residents to reach out and let all San Diego Association of Governments Board members know how you feel about the Plan. 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 from the 6:45 p.m. Special Closed Session. 8
20 of 20January 18, 2022, Item #2City of Poway -Minutes -December 7, 2021 ADJOURNMENT The meeting adjourned at 9: 12 p.m. 9 Carrie Gallagher, CMC City Clerk City of Poway, California
January 18, 2022, Item #3DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway January 18, 2022 Honorable Mayor and Members of the City Council Scott Post, Interim Fire Chief o{J Scott Post, Interim Fire Chief (858) 668-4462 or Spost@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 COVI D-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. In 2021, the City Council approved to continue the emergency action on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, 1 of 5
January 18, 2022, Item #3September 7, October 5, October 19, November 2, November 16, and December 7. The adopted resolution 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 January 3, 2022, City costs to respond to COVID-19 are estimated at $1,046,044. These costs specifically relate to FEMA eligible expenditures. The total fiscal impact is unknown at this time. Per the City Council adopted General Fund Reserve policy, the City maintains a General Fund Reserve of 45 percent of the budgeted annual General Fund operating expenditures, or $20,393,896 as of June 30, 2021, 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, $13,179,618 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 businesses. As of January 3, 2022, 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 four loans totaling $148,000 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: Wendy Kaserman Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager
January 18, 2022, 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, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16 and December 7; 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 3 of 5 ATTACHMENT A
January 18, 2022, Item #3Resolution No. 21-Page 2 finds and declares: SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVID-19) global pandemic; and (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 18th day of January, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4 of 5
January 18, 2022, 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. Chr~ Director of Emergency Services 5 of 5 ATTACHMENT B
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DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway January 18, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services M Tracy Beach, Senior Civil Engineer -re, (858) 668-4652 or tbeach@poway.org CITY COUNCIL Approval of Consultant Agreements with Michael Baker International, Inc. and Charles Abbott Associates, Inc. for As-Needed Plan Review Services; RFP No. 22-008 In September 2021, the City sent out a Request for Proposal (RFP) for as-needed plan review services. This action will approve the Consultant Agreements with Michael Baker International, Inc. and Charles Abbott Associates, Inc. to provide as-needed plan review services. The length of the agreement is from January 3, 2022 through January 2, 2024, with a provision to mutually extend the agreements with three extensions of one year each. Recommended Action: It is recommended that the City Council authorize the City Manager to execute the Agreements with Michael Baker International, Inc. (Attachment A) and Charles Abbott Associates, Inc. (Attachment B) for as-needed plan review services per the outlined terms of the Agreement. Discussion: Staff issued an RFP in September 2021 for as-needed plan review services and received five proposals. After a thorough evaluation of the five proposals submitted, staff selected Michael Baker International, Inc. and Charles Abbott Associates, Inc. as the firms best suited to meet the City's current and future needs. Proposals were evaluated based on established criteria as found in the RFP, including a demonstration of understanding the services requested, qualifications of the firms and specific individuals, demonstrated record of success by the consultant on work previously performed for the City or other municipalities, schedule of hourly rates, and references. Rates for the firms are consistent with industry standards. As-needed services will support Development Services staff with plan review of various private development projects. Michael Baker International, Inc. has past experience providing as-needed plan review services for the City of Poway and demonstrated similar experience for several other local agencies. Their proposal clearly demonstrated the understanding and ability to provide all aspects of the requested services 1 of 37 January 18, 2022, Item #4
and their fee structure was in-line with industry standards. While Charles Abbott Associates, Inc. has not provided as-needed plan review services for the City before, they were able to demonstrate similar experience for other local agencies and provide a list of highly qualified staff. Their proposal included a clear understanding of the scope of services requested and a fee structure that was in-line with industry standards. Consulting services for these agreements may include but are not limited to plan review of Grading Plans, Improvement Plans, Tentative and Final Maps, Title Reports, Geotechnical Reports, Legal Descriptions and Plats for Easement Documents, traverse calculations, Storm Water Quality Management Plans, and Hydrology and Hydraulic Studies. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA) Guidelines. Fiscal Impact: All costs incurred for plan review services associated with private projects under this agreement are either fully offset by developer fees or sufficiently funded in the FY 2021-2022 budget, Land Development Division (account 305030-41220). Funding for subsequent years will be included in the annual budget process for Council's consideration. Public Notification: Michael Baker International, Inc., Attn: Tim Thiele, 5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 Charles Abbott Associates, Inc., Attn: Rusty Reed, 27201 Puerta Real, Suite 200, Mission Viejo, CA 92691 Attachments: A. Standard Agreement for Consultant Services with Michael Baker International, Inc., including the Scope of Work and Fee Schedule B. Standard Agreement for Consultant Services with Charles Abbott Associates, Inc., including the Scope of Work and Fee Schedule Reviewed/ Approved By: Wendy Kaserman Assistant City Ma nag er 2 of37 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager January 18, 2022, Item #4
City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 3rd day of January, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation, (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform as-needed plan review services (Project); and WHEREAS, Consultant is a civil 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. 3 of 37 ATTACH~ENT A January 18, 2022, Item #4
5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4of37 2 January 18, 2022, Item #4
"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 (8) 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: C8l 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of37 3 January 18, 2022, Item #4
years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of37 4 January 18, 2022, Item #4
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of37 5 January 18, 2022, Item #4
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. 8 of37 6 January 18, 2022, Item #4
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) 9 of 37 7 January 18, 2022, Item #4
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY MICHAEL BAKER INTERNATIONAL, INC., By:-----------By: ___________ _ Chris Hazeltine, City Manager Tim Thiele, PE, QSD Date: __________ _ Date: ___________ _ ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By: (Jk-Alan Fenstermacher, City Attorney 10 of 37 8 January 18, 2022, Item #4
A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed plan review services further described in the Scope of Work submitted with the proposals dated September 29, 2021, 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 on a time and material basis in accordance with the Hourly Rate Sheet submitted with the proposal dated September 29, 2021, which is included in this document as Attachment 2. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. 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 February 1, 2022, and ending January 31, 2024, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 11 of 37 1 January 18, 2022, Item #4
(b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 12 of 37 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Michael Baker International, Inc. 5050 Avenida Encinas, Suite 260 Carlsbad, CA 92008-4389 2 January 18, 2022, Item #4
Attachment 1 SCOPE OF WORK TYPICAL PLAN CHECKING PROJECT APPROACH Michael Baker's approach to accomplishing the work is based on years of experience working for the City as well as various other local municipalities, including Carlsbad, Del Mar, and Vista. We have identified a number of specific steps we will undertake in order to achieve quality assurance, schedule control, and a balanced effort in the event of several planchecks occurring simultaneously. Constant communication with the City's Project Manager from beginning to end to make sure that the City stays current on plan review issues will be a key factor in delivering plan review services. We know the importance of responding quickly and accurately so that decisions can be made. Michael Baker's Project Manager will oversee the review process, ensuring that a thorough and timely review is performed. During the review, it is important to recognize there are many different ways to design a project. We will not seek to redesign the project through our reviews, but review the work for conformance with accepted standards and City established goals. Plan Check Schedule: From notice to pickup (in-person or virtual), reviews are completed and returned to the City within a period of 15 working days for first plan review, 10 working days for the second review, and 5 working days for any subsequent reviews. Plan Tracking: Michael Baker will maintain a log of all plans that are reviewed. This log will identify the date the plans were received, review due date, plan type, number in review cycle, the plan reviewer assigned, date assigned, status of the review, and the date the plans are returned to the City. Michael Baker will provide the City with a copy of the Plan Review Log on request. Duality Control: The Project Manager will evaluate review comments to verify the completeness of the review and resolve conflicting comments prior to delivering the review comments to the City. It will be the responsibility of Michael Baker's Project Manager to follow through with the individual reviewers to provide consistency and continuity in review comments and services across the various disciplines. PROJECT UNDERSTANDING Our understanding and approach to performing efficient plan review services includes: 1. Understand the City's Goals -In order to be successful on any project, it is vital that we understand the final product. We can meet with City staff to receive submittal package(s) in person and discuss the important issues on each review. 2. Initial Completeness Check -Michael Baker shall perform an initial completeness check of submitted items to ensure that all appropriate plans, calculations, studies, and supplemental items required by the City have been forwarded for review. We realize the potential for required items such as map signature authorizations; environmental clearance documents; Covenants, Conditions and Restrictions (CC&Rs); current title and soils reports; and other applicable documents to be missing from initial submittal packages. We shall immediately notify the City's Project Engineer of any missing items and coordinate the extent to which plan review should or should not continue. If the City wishes to suspend plan review, we will prepare a written re-submittal checklist of the required missing items and resume review when the missing items have been provided. 3. Prepare a Detailed Workplan -We will define all tasks, their relationship with each other, and their associated time to complete. We will develop a list of needs so that we can identify specialized expertise that may be required to maintain schedule and complete tasks. Budgets will be established for each task to ensure that the project team stays on track and on schedule. 4. Analyze Existing Conditions -For a design review to be effective and appropriate, it is important to create a clear picture of the existing conditions. This is especially true with redevelopment projects, since there are many existing facilities that require matching with new improvements. In order to fully understand the current conditions, the following steps will be taken to describe the existing improvements: • Review as-built records for street improvements, utility improvements, and drainage facilities. We will check title reports, plats, and existing parcel data as required to ascertain current easement locations, abutter's rights, allowable egress, and other survey mapping issues. Understand the City's Goals Initial Completeness Check INTERNATIONAL CITY OF POWAY • AS-f✓EEOEO PU\I✓ REVIEW SERVICES RFP;! 22-008 • PAGE 20 January 18, 2022, Item #4
CITY OF POWAY ■ AS-NEEDED PLAN REVIEW SERVICES • If necessary, Michael Baker staff will walk the entire project area to observe the conditions, take photographs, and note any changes or unusual conditions proposed on the submitted plans. Some of the things that we will look for in this endeavor include edge conditions, potential adverse impacts to adjacent property, potential utility conflicts, sight distance along existing roads, and the pre-development drainage patterns. 5. Understand the Entitlement History-Large-scale subdivision projects have particularly long and sometimes complicated entitlement phases that often involve re-zones, general plan amendments, and/or planned development permits. Careful review of the tentative map and conditions is critical to understanding the project specific issues and required submittal items. • Review of the tentative map will be performed to understand key zoning issues and other items related to "substantial conformance" with final engineering documents. These would include the required street section(s), minimum lot size, dimensions, setbacks, lot count, and open space requirements. Ownership and maintenance responsibility for streets and utilities is also typically established by virtue of the approved tentative map and must be understood to perform an accurate and thorough review of final plans. • The Conditions of Approval will be thoroughly understood, so that the necessary offsite improvements, where applicable, are enforced. • The Conditions of Approval also typically refer to other required submittal items above and beyond the typical engineering grading and improvement plans, final map, and engineering studies. These items may include recordation of environmental covenants or easements prior to grading permits, permission to grade letters, fees in lieu, offsite wetland or other habitat acquisition, and street ROW acquisition or dedication. Many of these items are tied to specific approvals and the applicability must be understood during all stages of plan review. • Review of the Conditions is also necessary to understand where and when typical design standards have been waived, exceeded, or supplemented with additional requirements by resolution during the planning process. 6. Thorough Review of Submittal Plans, Studies and Documents -A thorough review of all plans, studies, and supporting documents is necessary to avoid compromising schedule goals. This requires our approach to identify all relevant issues during first plan review. We have found through experience that investing additional time up front to perform a complete review makes the overall process to the finish line quicker and smoother for all parties. • Michael Baker will review plans, studies, and other supporting documents for conformance with general City requirements. • All submitted plans and reports will refer to completeness check in Step 2 for consistency of information as well as potential non-conformance with the approved Tentative Map. • Michael Baker will review plans, reports, and calculations with other applicable state and federal requirements such as the Uniform Building Code, Americans with Disabilities Act, National Floodplain Insurance Program ( FEMA), and the California Subdivision Map Act. We anticipate also that potential changes to the State General Construction Permit and Municipal Storm Sewer System (MS4) Discharge Permit will require the City of Poway to amend their BMP Design Manual and erosion control design requirements. We will attend meetings and coordinate with the City to thoroughly understand how changes in these regional and state regulations get interpreted and implemented at the local level. • Where applicable, we will confirm the status of required approvals and agreements with other reviewing agencies such as California Department of Fish and Game, U.S. Army Corps of Engineers, neighboring cities, and/or private landowners. • Where applicable, final maps will be reviewed to ascertain that signature omission letters and subordination agreements have been executed with appropriate utility companies (i.e. SDG&E). 7. Proactive Coordination with Project Manager and Engineer of Record -During the review process, the Project Manager will be available to coordinate questions and concerns directly with the Engineer of Record and be responsible for communicating any resolutions with the City's Project Manager. Where possible, issues will be mutually resolved prior to completion of first plan check. Plan check redlines, check lists, and other written comments will be reviewed in person with both the City Project Manager and the Engineer of Record. Expectations for re-submittal shall be clearly communicated both verbally and in writing. INTERNATIONAL CITY OF r'OW/J..Y • AS-1,JEEDED PLAi\l REVIEW SERVlCES RFP:/i 22-006 • PAGE 21 January 18, 2022, Item #4
CITY OF POWAY • AS-NEEDED PLAN REVIEW SERVICES 8. Return of Plan Check -Michael Baker's Project Manager will review submittal packages for conformance with "accepted engineering practices," with special consideration given to those issues that potentially impact health, safety or private property. These issues might include existing non-conformalities with sight distance, traffic safety, and flood prone areas. All our plan checks include a completeness review memo to summarize all outstanding plan check issues for each plan reviewed and a list of pending conditions which have not yet been satisfied. SCOPE OF WORK Michael Baker will perform high level professional plan review services. Our team excels at customer service and possesses a high degree of technical plan review competency in land development, including both grading and improvement plans, as well as Tentative and Final Maps, and project related studies and reports as required by the City of Poway's Municipal Code and Ordinances. Michael Baker is responsive and proactive in management of client accounts. 1. Michael Baker will perform all plan reviews in accordance with all applicable State and City regulations and ordinances, including, but not limited to, the adopted Poway BM P Design Manual and the Poway Municipal Code. 2. Michael Baker will perform plan review and recheck reviews of items including, but not limited: Grading Plans, Improvement Plans, Tentative and Final Maps, Title Reports, Soils Reports, Legal Descriptions and Plats for Easement Documents, traverse calculations, cost estimates, Hydrology and Hydraulic Studies, Geotechnical Reports, Storm Water Quality Management Plans (SWQM Ps), and Hydromodification Management Plans (HM Ps) as well as related and necessary reference review of project plans for the entire plan review process. 3. Michael Baker will complete quality reviews within the City's needed timeframes as detailed below in the Timelines section. 4. Michael Baker will meet with staff and applicants when requested by staff. 5. Michael Baker will develop and maintain written lists of corrections needed for the submitted plans to conform to the applicable codes and regulations. Each review will be returned to the City with redlines as well as a summary memo of critical items for inclusion with the City's overall plancheck review memo. 6. Michael Baker will transmit correction lists to, and consult with, the City and/or the applicant or design professional, as necessary, in order to explain the corrections to be REVIEWS Reviews will be returned to the City with redlines as well as a summary memo of critical items. made for the proposed construction to conform to the applicable codes and regulations. Michael Baker will issue the necessary approvals when, in our opinion, the plans appear to be complete and compliant with the City's Municipal Code and Ordinances after having been initially reviewed or re-reviewed. 7. Michael Baker will perform other plan review tasks as assigned. MANAGEMENT APPROACH In addition to the actions outlined in Understanding and Approach above, the following will be incorporated into our management approach: • Michael Baker will work as a City consultant, and as such, will be perceived by the public as a City agent; therefore, Michael Baker's staff will reflect the professionalism and courtesy of a public employee when dealing with the public. Our years of experience planchecking and coordinating directly with applicants will ensure that the City is well represented in any contact we have with applicants. We are respectful in our communication and will follow up on any personal or phone communication with written documentation to City staff and the applicant. • Michael Baker will provide copies of all correspondence records and reports to the Development Services Department upon request. • Michael Baker will invoice the Development Services Department for services rendered in a manner consistent with City standards, as approved by the Finance Division of the Administrative Services Department. Over the past two years, our team has developed an understanding of the City's finance operations and is comfortable working with City staff to continue to provide detailed and accurate invoices. We understand that payment for our services ultimately comes from the applicants based on the labor hours and justification on our invoices. • The City will collect all fees in connection with Michael Baker performing the work set forth in this proposal, and under no condition will such fees be collected by Michael Baker. • 1t ~Mf4~ffi@i INTERNATIONAL CITY OF PO\NA\' • AS-l·~EEOEO Pl_Al\1 REVIEW SERVICES RFP;t 22-008 • PAGE 22 January 18, 2022, Item #4
CITY OF POWAY • AS-NEEDED PLAN REVIEW SERVICES ---------------• Consistent with the authority contained in the law, Michael Baker will have the decision authority consistent with and necessary for the timely and proper enforcement of the laws and ordinances assigned to Michael Baker for enforcement, and such decisions will be consistent with the wording of the regulations. • Michael Baker will provide its own office space and clerical support at its sole cost and expense. Specific accommodations to Michael Baker by the City may be permitted on a case-by-case basis, if such accommodations are of no cost to the City. Over the past two years, Michael Baker staff has been available to work out of City Hall as needed. TIMELINES Included below is a list of typical turnaround times. Michael Baker is aware of the City's occasional need to prioritize reviews in a manner other than in the order in which they were provided. Our team understands the importance of expediting reviews as necessary and has shown our ability to do so on our review of Poway Corporate Center Lot 12 as well as the Final Map for the Bourgeois property. We possess the flexibility to work with the City's schedule by switching gears to focus on the most critical projects as directed by City staff. Review Turnaround Times 1st Review 15 Business Days 2nd Review 10 Business Days 3rd Review 5 Business Days Subsequent Reviews (as necessary) 5 Business Days INTERNATIONAL CITY OF POWAY • AS-f\JEEDEO /ILAI\J REVIEW SERVICES Rf~p,.; 22-008 • PAGE 23 January 18, 2022, Item #4
Attacnment ~ FEE PROPOSAL Michael Baker's hourly rate sheet is included below and details any staff positions that may complete work as part of this contract. All staff will perform work on this project at a rate of $132 per hour. Michael Baker INTERNATIONAL HOURLY RATE SHEET OFFICE PERSONNEL $/ Hour INTERNATIONAL CiTY OF POWA.Y • A.S·!-.JEEDEO PLAI\J REVIEVV SER\/iCES Rt-PH 22-008 ■ PAGE 24 January 18, 2022, Item #4
EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. ( c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. (e) 18 of 37 (!)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 1 January 18, 2022, Item #4
Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 19 of 37 (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. (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. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2 January 18, 2022, Item #4
Cal Gov Code§ 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System Il who is assigned to serve in a court pursuant to Section 68543. 5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 20 of 37 3 January 18, 2022, Item #4
City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of February, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and CHARLES ABBOTT ASSOCIATES, INC., a California corporation, (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform as-needed plan review services (Project); and WHEREAS, Consultant is a civil 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. 21 of 37 ATTACHMENT B 1 January 18, 2022, Item #4
5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 22 of 37 2 January 18, 2022, Item #4
"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 23 of 37 3 January 18, 2022, Item #4
years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "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. 24 of 37 4 January 18, 2022, Item #4
(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. 25 of 37 5 January 18, 2022, Item #4
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. 26 of 37 6 January 18, 2022, Item #4
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) 27 of 37 7 January 18, 2022, Item #4
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY CHARLES ABBOTT ASSOCIATES, INC., By: __________ _ By: ___________ _ Chris Hazeltine, City Manager Rusty R. Reed, PE, President Date: -----------Date: ___________ _ ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By: Ok-~ Alan Fenstermacher, City Attorney 28 of 37 8 January 18, 2022, Item #4
A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed plan review services further described in the Scope of Work submitted with the proposals dated September 28, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant on a time and material basis in accordance with the Hourly Rate Sheet submitted with the proposal dated September 28, 2021, which is included in this document as Attachment 2. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. 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 February 1, 2022, and ending January 31, 2024, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 29 of 37 1 January 18, 2022, Item #4
(b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 30 of 37 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Charles Abbott Associates, Inc. 27201 Puerta Real #220 Mission Viejo, CA 92691 2 January 18, 2022, Item #4
Attachment 1 CAA proposes to perform all tasks associated with engineering plan review. CAA will provide electronic review of project documents where possible and meet with City staff or conduct field project reviews as needed. Our staff is technically qualified, trained, properly licensed and certified to provide all engineering plan check services to meet your workload needs. Key resources that will be utilized during plan check include the City's Engineering Design Guidelines Manual, City BMP Manual, the City Municipal Code, and all other applicable State and City regulations and ordinances. Services provided include: ✓ CAA will provide plan review services for Development Projects, including grading, erosion control, streets, storm drain, utilitiesrs, reviewing and conditioning of land divisions and development -residential, commercial, and industrial plan checking; drainage and hydraulics/hydrology reviews according to City and State methodologies, lot line adjustments, tract and parcel map reviews, water quality management plans, and assuring condition compliance. ✓ CAA will review plan check submittal items and reports, including road structural section calculations; hydrology and hydraulic calculations; street layout and design; structure calculations not under building permit purview; traffic reports: and quantity estimates as well as soil reports, grading, subdivision maps, erosion control, streets, sewer, storm drain, traffic signal, street lightning, retaining walls, and NPDES requirements. ✓ Our approach to plan review ensures that plans submitted to CAA for review are properly tracked and processed. Our system ensures that each plan or permit is assigned, returned, and handled on time and within budget. The status of any plan can easily be determined at any point in time. ✓ CAA will ensure the completeness of submittals and document any deficiencies as needed. Our team will conduct site visits as necessary and interact with City personnel and private contractors to resolve any issues and answer any questions. CAA will review plans for sound engineering practices and provide detailed plan check of the assigned project plans in accordance with applicable laws, standards, adopted codes and amendments. CAA will ensure accuracy of design in conformance with the City's most current Plan Check Lists, and will provide and retain digital lists of corrections and redlines. ✓ CAA will check general mathematics and design criteria, and call for redesign of any portion of plans that show poor engineering, do not comply with the Approved Tentative Map or Conditions of Approval, might be potentially unsafe, or are impractical to build. ✓ CAA will ensure accuracy of design in conformance with the City's most current Plan Check Lists. Our plan check team is thoroughly versed in the latest adopted California Building Code, Greenbook, Caltrans Specifications, Highway Design Manual, Hydrology and Local Drainage Manuals, and various other design guidelines, and will familiarize themselves with any and all City Standards and amendments so that we may provide outstanding service in line with the expectations of the City. Our team can also draw on experience with other client cities to suggest different strategies or work on resources to enhance the City's plan check process. professional government services 17 January 18, 2022, Item #4
✓ CAA will provide all the required correspondence on initial and subsequent reviews. Each plan review will be accompanied with a letter summarizing any red-line comments. This letter can be addressed through the City Engineer, assigned staff, or directly to the Designer, based upon the City's preference. A complete redlined set of drawings and any reports will be returned to the designer for their correction. Final approved documents and mylars with plan checker initials will be sent to the City at the end of the process. ✓ CAA understands the importance of timely reviews and the cost to the development community caused by delays attributed to plan-check reviews, and pride ourselves on our ability to adhere to expected performance schedules at all times. CAA will review and return plans in less than 10 business days for initial submittals for both small and larger projects. Resubmittals will be reviewed within 5 business days or less. CAA does not anticipate third submittals; however, should they occur, these will be reviewed within 3 days or less. Although it is anticipated that submittals will be digital, CAA will pick-up and deliver plans and correspondence to and from the City at no additional charge to the City. Expedited plan review is available at an additional charge. PLAN REVIEW TIMEFRAMES New Project Resubmittals Revisions to Approved Plans 10 days 5 days 1-5 days ✓ CAA understands that all fees for plans reviewed by CAA will be collected by the City. CAA's administrative staff will prepare a monthly invoice for hours worked per the agreement with the City. All invoices will be reviewed by the project manager prior to submittal to the City for payment. ✓ CAA complies with the insurance requirements outlined by the City, and will obtain a City of Poway Business Certificate upon contract award. professional government services 18 January 18, 2022, Item #4
Attachment 2 Fees below are inclusive of all costs, including general and administrative, travel, per diem, training, materials, supplies, and other items necessary to complete the project. CAA offers to provide As-Needed Plan Review Services for the following hourly rates: ASSIGNED STAFF STAFF FUNCTION HOURLY RATE Mike Podegracz Project Manager $132 Danny Chow Senior Engineer $132 Mike Smith Senior Environmental Plan Reviewer $132 Richard Pederson Senior Plan Check Engineer $125 Paula Pereira Senior Plan Check Surveyor $125 Janet Shliz Plan Check Engineer $105 Cindy Kwong-Lu Plan Check Engineer $105 Our Standard Hourly Rate Sheet is provided for reference. ENGINEERING/PUBLIC WORKS HOURLY BUILDING & SAFETY HOURLY CLASSIFICATION RATES CLASSIFICATION RATES Principal Engineer 175.00 Principal Building Official 145.00 City Engineer 135.00 Building Official 125.00 Project Manager 145.00 Senior Building Inspector* 105.00 Senior Engineer 140.00 Building Inspector/Plan Checker 97.00 Project Engineer 132.00 Building Inspector* 90.00 Associate Engineer 110.00 Permit Specialist 66.00 Code Enforcement Officer 75.00 Senior Design Engineer 115.00 AssistanUDesign Engineer 98.00 Senior Plan Check Engineer 125.00 Building Plan Checker 105.00 Senior Plan Check Engineer 125.00 Plan Check Engineer 105.00 COMMUNITY DEVELOPMENT HOURLY CLASSIFICATION RATES Senior Traffic Engineer/Manager 150.00 Transportation Planner 110.00 Community Develop Director 145.00 Traffic Engineer Associate 95.00 Principal Planner 140.00 Senior Planner 120.00 3-Person Survey Crew 270.00 Associate Planner 97.00 2-Person Survey Crew 210.00 Assistance Planner 80.00 Planning Technician 70.00 Senior Draftsperson (CADD) 95.00 Code Enforcement Officer 75.00 Draftsperson (CADD) 85.00 professional government services 19 January 18, 2022, Item #4
OTHER HOURLY Senior Public Works Inspector* 105.00 CLASSIFICATIONS RATES Public Works Inspector* 95.00 Landscape Architect Director 125.00 STORM WATER HOURLY Associate Landscape Architect 95.00 CLASSIFICATION RATES Expert Witness Services 300.00 Senior Contract Administrator 110.00 Environmental Project Manager 145.00 Administrative Assistant 60.00 Senior Environmental Plan Checker 145.00 Clerical 50.00 Environmental Program Manager 115.00 Associate Environmental Plan 110.00 Checker Environmental Analyst 92.00 Environmental Associate 87.00 Environmental Inspector 80.00 The above hourly rates include general and administrative overhead and fees and employee payroll burden. Rates are subject to an annual adjustment based upon increases adopted by Charles Abbott Associates, Inc. as reflected in the Consumer Price Index (CPI). *The Hourly Rates identified are for Non-Prevailing Wage project inspection. Hourly Rates for Prevailing Wage project inspection will be $120.00 for regular time; $143.00 for overtime on Mondays through Saturdays; and $167.00 for overtime on Sundays and Holidays. Prevailing Wage rates are subject to increases pursuant to the State of California's Department of Industrial Wage Rate Determinations. professional government services 20 January 18, 2022, Item #4
EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. ( c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. (e) 35 of 37 (!)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 1 January 18, 2022, Item #4
Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 36 of 37 (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. (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. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2 January 18, 2022, Item #4
Cal Gov Code§ 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (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). 37 of 37 3 January 18, 2022, Item #4
January 18, 2022, Item #5AG EN DA REPORT City of Poway DATE: TO: FROM: CONTACT: January 18, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services/A" Jeff Beers, Special Projects Engineer~ (858) 668-4624 or jbeers@poway.org CITY COUNCIL SUBJECT: Acceptance of the FY 2021-22 Citywide Striping Project; Bid No. 21-013, with Safe USA, Inc., as Complete Summary: On June 15, 2021, the City Council awarded the contract for the FY 2021-22 Citywide Striping project; Bid No. 21-013, to Safe USA, Inc., in the amount of $253,000.00. This action will accept the project as complete. Recommended Action: It is recommended that the City Council: (1) Accept the FY 2021-22 Citywide Striping project as complete; (2) Authorize the City Clerk to file and record the Notice of Completion; (3) Authorize the release of the retention in the amount of $12,650.00, if unencumbered, 45 days after City Council acceptance; (4) Release the American Contractors Indemnity Company Bond for Material and Labor in the amount of $253,000.00 after the release of retention; and (5) Retain the American Contractors Indemnity Company Bond for Faithful Performance for a period of one year. Discussion: The scope of this year's project included replacement of traffic striping, legends, and markings, refreshing of painted curbs within street maintenance Zone 4, and refreshing of existing striping and painted curbs in Zones 2, 6 and 8. This work was coordinated with the FY 2021-22 Street Maintenance project and the FY 2020-21 Street Overlay project. There were no change orders for this project. The final contract amount remains $253,000.00. This action accepts the 2021-22 Citywide Striping project as complete, however the contract will remain in force and open until June 30, 2022 to complete additional as-needed work. 1 of 2
January 18, 2022, Item #5Environmental Review: The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act. Fiscal Impact: Sufficient funds are available in the FY 2021-22 Citywide Striping project account (ST017) for the release of retention. Public Notification: None. Attachments: None. Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of2 Reviewed By: Alan Fenstermacher City Attorney Approved fy: City Manager
AGENDA REPORT CityofPoway DATE: TO: FROM: CONTACT: January 18, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services~ Henry Trang, Senior Civil Engineer ltJ7 (858) 668-4602 or htrang@poway.org CITY COUNCIL SUBJECT: Acceptance of the LED Street & Safety Lighting Conversion Project; RFP No. 19-025 with Tanko Lighting, Inc. as Complete Summary: On July 16, 2019, the City Council awarded the contract for the LED Street & Safety Lighting Conversion Project, RFP No. 19-025 to Tanko Lighting, Inc. in the amount of $1,003,398.00. This project was partially accepted as complete on January 19, 2021. This action will accept the full project as complete. Recommended Action: It is recommended that the City Council: (1) Accept the LED Street & Safety Lighting Conversion Project as complete; (2) Authorize the City Clerk to file and record the Notice of Completion; (3) Authorize the release of the retention in the amount of $10,313.08, if unencumbered, 45 days (4) after City Council acceptance; Release The Guarantee Company of North America USA Bond for Material and Labor in the amount of $1,003,398.00 after the release of retention; and (5) Retain The Guarantee Company of North America USA Bond for Faithful Performance for a period of one year. Discussion: The LED Street & Safety Lighting Conversion Project replaced approximately 3,300 street and safety lighting fixtures from Low Pressure Sodium (LPS) fixtures to Light Emitting Diodes (LED) fixtures. The original scope of work was completed without any change orders. The conversion of decorative street lighting in the Old Poway neighborhood and decorative walkway lighting in the Civic Center area was planned as a future project pending funding availability. The cost of the LED Street & Safety Lighting Conversion Project was less than originally anticipated and allowed for the possibility to add in the decorative lighting in both areas within the project budget. There were five change orders for this project totaling $206,261.55. The change orders were associated with the addition of the decorative lighting in the Old Poway neighborhood and Civic Center area to the project scope, as well as an additional task for the consultant to perform photometric calculations for the street extension of Kirkham Way. The final contract amount is $1,209,659.55. 1 of 2 January 18, 2022, Item #6
The project was partially accepted as complete on January 19, 2021. This was done at the request of Tanko Lighting in order to release the retention from the construction portion of the original contract while they continued to work on the change order portion of the contract. A retention in the amount of $40,225.93 was released after the partial acceptance. The remaining retention amount of $10,313.08 will be released 45 days after this acceptance of the project. 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: Sufficient funds are available for the release of retention. Funds remaining in the project will be returned to the Street Lighting Assessment District, Fund 2790, for use on future projects. Public Notification: None. Attachments: None. Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of2 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager January 18, 2022, Item #6
January 18, 2022, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway January 18, 2022 Honorable Mayor and Members of the City Coun~l,A Robert Manis, Director of Development ServicesfN 1 Andrea Thomas, Associate Civil Engineer n,A-(858) 668-4605 or athomas@poway.org WO \ CITY COUNCIL Approval of Consultant Agreement with Balance Hydrologies, Inc. for Design Services for the Rattlesnake Creek 30% Design project; RFP No. 22-014 In November 2021, the Development Services Department issued a Request for Proposal (RFP No. 22-014) for environmental and engineering design services for the Rattlesnake Creek 30% Design. This action will approve the Consultant Agreement with Balance Hydrologies, Inc. to provide environmental and engineering design services for the project. Recommended Action: It is recommended that the City Council authorize the City Manager to execute the Agreement with Balance Hydrologies, Inc. for environmental and engineering design services for the Rattlesnake Creek 30% Design per the outlined terms of the Consultant Agreement (Attachment A), with a not-to-exceed amount of $95,445.00. Discussion: Staff submitted a grant application to California Office of Emergency Services (CalOES) for consideration of hazard mitigation grant funding for the Rattlesnake Creek project. CalOES deemed this project eligible for review by the Federal Emergency Management Agency (FEMA) to receive potential grant funding. If grant funding is awarded, FEMA would reimburse 75% of costs associated with this project. The design of this project associated with this contract is an eligible expense and would count towards the City's 25% match. The current condition of the Rattlesnake Creek drainage channel from Budwin Lane to Midland Road has been identified as a potential hazard. The creek has exhibited evidence of severe erosion to the structure of the creek and deterioration of the habitat it contains. The initial evidence was found in 2017, when the roots of a mature tree were undermined causing it to overturn and break an adjacent sewer line. Staff subsequently began the due diligence necessary to avoid future service interruption and protect the creek habitat as a functional drainage facility. Due to several more trees along the banks having potential to do similar damage, City Staff 1 of 21
January 18, 2022, Item #8recommended the creek be analyzed for possible hazard mitigation action. In June of 2020, the Rattlesnake Creek Geomorphic Channel-Integrity Study was completed and the best long-term option to avoid future failures was to restore the creek to a state that would be more resilient to heavy rain events. The scope of work for this consultant is to develop a 30% design inclusive of wet season flow monitoring, biological surveys, and hydraulic modeling. This preliminary design effort will help staff establish a fully realized project scope. As part of the grant application process, a benefit cost analysis was performed to represent the hazard mitigation benefits of the proposed project. The studies performed during this stage will validate the analysis. Once the design is advanced to 30%, engagement with the regulatory agencies can begin. Early engagement will confirm the project's compliance with current permitting requirements and guide design decisions to avoid unnecessary environmental impacts. It would also support subsequent grant applications, should the current grant application not be awarded. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The consultant's fee will be based on the scope of work as outlined in the Agreement. The not-to-exceed amount of $95,445.00 for professional services will be the basis for this effort. Funds totaling $150,000.00 are available in the Rattlesnake Creek Streambank (DN007) project account. Public Notification: None. Attachments: A. Consultant Agreement Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of 21 Reviewed By: Alan Fenstermacher City Attorney Approved By: CWJ City Manager
January 18, 2022, Item #8City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of February, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and BALANCE HYDROLOGICS, INC. (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to prepare a 30% Design for the Rattlesnake Creek Rehabilitation Project (Project); WHEREAS, Consultant is an environmental consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "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. 3 of 21 ATTACHMENT A 1
January 18, 2022, Item #85. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of 21 2
January 18, 2022, Item #8"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: [8J 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of 21 3
January 18, 2022, Item #8years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements ( collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of 21 4
January 18, 2022, Item #8(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 21 5
January 18, 2022, Item #8Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law. Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. 8 of 21 6
January 18, 2022, Item #8Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 9 of 21 7
January 18, 2022, Item #8IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: __________ _ ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney 10 of 21 BALANCE HYDROLOGICS, INC. By: ___________ _ Edward Ballman, Principal Engineer Date: ___________ _ 8
January 18, 2022, Item #8A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the 30% design services further described in the Scope of Services submitted with the proposals, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals, which are included in this document as Attachment 2. Total fee is not to exceed Ninety-Five Thousand Four Hundred Forty-Five ($95,445). Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall commence and be effective as of February 1, 2022 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 11 of 21 1
January 18, 2022, Item #8(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 12 of 21 2 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Balance Hydrologies, Inc. 800 Bancroft Way, Suite 101 Berkeley, CA 94 710
January 18, 2022, Item #8Attachment 1 7.) Scope of Services We have identified five work tasks to support the development of a 30% design package for the braided-channel option: ( 1 ) hydrologic monitoring, (2) management of baseline topographic data collection and tree assessment (to be completed by other City consultants), (3) design development and hydraulic modeling (4) 30% design package preparation, and (5) regulatory agency presentation We have prepared a work plan to address these project goals and objectives: Scope of Work Task 1. Hydrologic Monitoring We propose a streamlined hydrologic-monitoring plan to collect creek level, creek flow, and high-water-mark (HWM) information over the 2021 -2022 winter season, which will be used to inform subsequent design development and modeling tasks related to the Rattlesnake Creek Restoration Project. Balance staff will be onsite to install the hydrologic monitoring equipment. In order to have a quick response to flashy storms, we are partnering with Anchor QEA to provide monitoring observations, including water depth and velocity during up to three storm runoff events. · The data will also provide the City with information about 'their creeks in general, resulting in a better overall understanding of rainfall-runoff processes. In addition, monitoring data will benefit the restoration permitting process by early-establishment of a monitoring program that would ideally continue through required post-project monitoring. Task 1-1. Hydrologic Monitoring Station Installation Hydrologic monitoring equipment will be installed in the project reach during a site visit. At Midland Road bridge, a staff plate (to record water surface elevation), stilling well (i.e., PVC pipe), and water level instrumentation (i.e., water-level sensors and a datalogger) will be installed and maintained during the contract period. At Budwin Lane and at the upstream end of the reach, staff plates will be installed. At each staff plate, channel cross-sectional dimensions will be recorded, and velocity measurement locations established. Budget Table 3 (enclosed) includes equipment rental expenses for hydrologic monitoring. Deliverable: Installation and maintenance of one hydrologic monitoring station and two additional staff plates. Task 1-2. WY2021 Field Activities Site visits during or shortly after storms during water year2 2022 (WY2022) rainy season will be used to collect data over a range of runoff conditions for use in calibrating the existing and proposed conditions hydraulic models. Anchor QEA subconsultant staff members and Balance personnel work together to identify 3 runoff events that will trigger site visits to 2 California's "water year" runs from each October 1 through September 30 of the designation year. WY2022 runs from October 1, 2021 through September 30, 2022. 12 City of Poway www.balancehydro.com 13 of 21
January 18, 2022, Item #8.:~t Balance Cif; Hydrologies"' measure surface velocity and water surface elevation observations at each staff plate. Velocity measurements will allow estimation of flow rates (when paired with a cross section. Additional tasks during storm visits will include walking the project site to document and mark HWMs and erosive activity (where possible to see) and downloading datalogger information. All site visits will include digital documentation; measurements and site observations will be recorded in an Observer's log. Deliverable: Observer's log (record of site visits and measurements) for WY2022. Task 1-3. WY2022 Data Management and Reporting We will utilize the data collected during rainy season WY2022 to develop an approximate stage-to-discharge relationship ("rating curve") for the Midland bridge monitoring station based on data logger information, staff plate readings and velocity measurements. A record of estimated stream discharge will be derived by applying the rating curve to the record of water levels measured by the datalogger. Data will be used to create an approximate streamflow record for the time period of gage installation; the focus of the effort will be on higher flows, which may inform the hydraulic modeling depending on the season. Deliverable: A technical memo will be prepared that contains the Observer's Log and a streamflow summary for WY2022. Task 2. Topographic and Tree Baseline Data Collection Management Task 2-1. Topographic Data Collection We found in our earlier work with the City that existing topographic data are not sufficient for design and hydraulic modeling purposes. We will manage the work effort of a City sub-contracted California-licensed professional land surveyor by providing a work plan, developed in coordination with the City, for topographic data to be collected. We will meet remotely to clarify project needs and methods, and to identify important information to be collected. In addition to topographic information related to the creek bed and banks and overbank areas pertinent to modeling and the conceptual designs, the surveyor will survey-in the locations of staff plates for the hydrologic monitoring effort. The surveyor will also collect data on the location of trees within the project boundary as identified in coordination with the. The surveyor's deliverable shall include topographic data, tree locations, and staff plate elevations suitable for integration into the project basemap. Balance will guide collection of survey data and integrate the survey data into the project topographic basemap3• Deliverable: Work plan for a sub-contracted surveyor, remote meeting to clarify project needs, and integration of survey data into the project basemap. Task 2-2. Tree Assessment The project site contains native trees (such as Coast Live Oak, Canyon Live Oak, Englemann Oak, and California Sycamore) that may be considered "Heritage trees" by the City-4, as well as non-native eucalyptus, pepper, and other species. The Option B design will utilize portions of the south bank area. Therefore, identification and assessment of trees and other vegetative species of interest by an arborist is needed for this project. We will manage the work effort of a City sub-contracted arborist by providing a work plan, developed in coordination with the City, for tree data to be collected. We will provide a work plan for a City sub-contracted arborist that will identify the assessment boundary and methods, and in consultation with the City, on goals for preservation and/or potential for tree removal. The deliverable from the arborist shall be a brief memo with recommendations of trees to avoid and root protection distances (drip line) for trees that may remain in place but could be affected by the design. Deliverable: Balance will integrate tree assessment information into the anticipated project construction envelop of Option B for review of quantities and species of trees that may be affected and required replacement ratios .. 3 The USGS San Diego LiDAR dataset (collected in 2014/2015 and published in March 2020) may be used as supplemental topographic information, as needed. 4 Per City of Poway Municipal Code, Chapter 12.32, Urban Forestry. www .balancehydro.com 14 of 21 Rattlesnake Creek 30% Design -RFP #22-014 13
January 18, 2022, Item #8~J~ Balance {~ Hydrologies"' Task 3. Design Development and Hydraulic Modeling Task 3-1. Existing Conditions Hydraulic Model Development Balance staff will develop an existing conditions model to aid in understanding the hydraulic behavior of the stream corridor under current conditions. The "existing condition" for this model run will be considered the condition before the grade controls collapsed and channel erosion occurred, in keeping with the currently-effective FEMA Flood Insurance Study (FIS). The model will be built using the U.S. Army Corps of Engineers HEC-RAS software platform, using information from the project basemap developed during the baseline data collection task, and data from the FEMA FIS and the FEMA effective model (which will be requested). The model will be run using appropriate flow hydrogrophs. Model results will allow on examination of predicted hydraulic depth, velocity, and shear stress values. Results may also identify where overbank flow occurs under current conditions and locations to route flows onto and off the Option B south bank floodplain. Deliverable: Technical results from the existing conditions model will be included in the design basis report. Task 3-2. Proposed Conditions Hydraulic Model Development Using the HEC-RAS existing conditions model as a base, we will develop a proposed conditions model using the Option B restoration concept to characterize key hydraulic parameters that will be considered during the design process. Running a proposed condition model will allow for early refinement of the preferred alternative design details (Task 3.4) as well as to verify achievement of a "no-rise" FEMA condition. Additionally, using shear stress results from the proposed conditions models, we will estimate changes in sediment transport characteristics for typical bed material size classes found just upstream where sediment tends to accumulate. By analyzing how the design may alter the ability of the Budwin Lane reach to transport sediment, we may be able to highlight potential areas of concern for scour /erosion or deposition and adjust the design accordingly. Deliverable: Technical results of the proposed conditions model will be included in the design basis report. Task 3-3. Flood Modeling and Analysis This reach of Rattlesnake Creek is mapped in a Zone AE Special Flood Hazard Area, which is defined as on area subject to inundation by the 1-percent-annual-chance flood event that is determined by detailed methods and includes base flood elevations (BFEs). This reach also has a defined jurisdictional floodway, and any encroachments therein would trigger a FEMA letter-of-map-revision (LOMR) process unless it can be demonstrated that there is "no-rise" in BFEs via a certification process5, meaning that the l 00-year water surface elevations in the project vicinity do not increase as a result of the proposed project. At this early stage in the project, a "no-rise" restoration design configuration for Option B appears feasible. The FIS l 00-yeor design event discharge value will be run in the existing and proposed conditions models to establish water surface elevations for both conditions at the site, These elevations will be compared to demonstrate that the "no-rise" condition is met. Use of the U.S. Army Corps of Engineers HEC-RAS software platform will assure that analyses are completed in a format that can be used for coordination with FEMA with respect to floodplain mapping requirements and criteria (if necessary). This task will be completed in conjunction with the other modeling tasks so that flood-control considerations ore incorporated into the project design, alongside other restoration design objectives. Assumption: A "no-rise" approach is accepted under the City of Poway floodplain ordinance6• Deliverable: Existing and proposed conditions 100-year event model results will be included in the design basis report. 5 The certification will eventually require review and approval by the City floodplain manager (or equivalent staff member). 6 The City ordinance ( 16.88.060) states: "Floodways. Prohibit encroachments, including fill, new constructi;n, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in (the base) flood elevation during the occurrence of the base flood discharge." 14 City of Poway www .balancehydro.com 15 of 21
January 18, 2022, Item #8~/~~-Balance (11:; Hydrologies'" Task 3-4. Preferred Alternative Design Refinement Balance will utilize the information gained from hydrologic monitoring (Task 1 ), topographic survey and tree assessment (Task 2), findings from the existing and proposed conditions hydraulic models (Tasks 3.1 and 3.2) and the 100-year flood analysis (Task 3.3) to refine the braided channel design, with an emphasis on longitudinal slope stability, cross-sectional bank stability, no adverse flood impacts, and establi_shment of south overbank flow pathways at various elevated flows. Refinement of the design will depend on information gained from the hydraulic models, and thus these modeling and design refinements are related through an iterative process. Our budget accounts for one round of refinement for the 30% design package. Deliverable: Design details will be included in the 30% design package. Task 4. 30% Design Package Preparation Task 4-1. 30% Design Plans A 30% design pion set will be developed for the Option B braided channel concept that reflects the refinement process described in Task 3.4 and flooding considerations in Task 3.3. Anticipated sheet count is as follows: Plan Sheet Category Cover sheet and general notes Site preparation and staging/ access plans (includinq mobilization/demobilization and diversion/dewoterinqJ Grading and layout plans Cross-sections and profiles Construction details and typicals (including the stormwoter outfall and at the Budwin Lone tributary) outfall Deliverable: 1 0 sheets containing the 30% design plans. Task 4-2. 30% Cost Estimate and Notes Total Number of Sheets 1 2 3 2 2 10 Thirty-percent quantities and other design details to be used for cost estimating will be developed, building on the preliminary cost estimate included in the Geomorphic Channel-Integrity Study and the work described in Task 3. We will also refine the cost estimate in conjunction with development of the 30% design plans and will prepare preliminary construction notes to accompany the plans. Deliverable: 30% design cost estimate and preliminary notes. Task 4-3. 30% Design Basis Report Preparation The 30% Design Basis Report (DBR), which will include 30%-level engineering and geomorphic feasibility details) will focus on presenting the technical bases, as developed in the work plan outlined in this proposal and our previous Geomorphic Channel-Integrity report, which support restoration concept Option B and the 30% design package. The DBR will support the City and the permitting process by providing regulatory agencies and other stakeholders with information and conclusions related to completed hydrologic, hydraulic, and engineering analyses described above. Our budget accounts for one round of external review by City staff prior to finalization of the 30% design basis report. Deliverable: 30% design basis report will include technical details as described in the above tasks. www.balancehydro.com 16 of 21 Rattlesnake Creek 30% Design -RFP #22-014 15
January 18, 2022, Item #8· Balance -= ~ Hydrologies"' Task 5. Regulatory Agency Presentation Task 5-1. Regulatory Agency Engagement A PowerPoint presentation will be developed that provides as overview of the tasks described in this work plan that will be used to introduce the project and project proponents to the regulators early in the design development process. This meeting gives regulators a chance to informally review and comment on design direction, which will ultimately guide subsequent design levels and upcoming permitting submittals. Guidance on environmental review and permitting requirements will be needed to understand regulatory opportunities and constraints related to the design process. Balance personnel will work with a City permitting specialist to communicate technical information to regulators. Deliverable: One PowerPoint presentation and participation at one regulatory agency meeting. Task 6. Estimated Schedule We are prepared to begin work upon contracting with the City. The proposed schedule, below, is an estimate of time required to complete each task and a possible timeframe for that work. In concert with the City, we reserve the right to make schedule adjustments if found necessary. For instance, the on-going COVID-19 pandemic may lead to schedule adjustments beyond our control, as travel and access to the site may continue to be affected. 16 17 of 21 Project Element Notice to Proceed, Contracting Hydrologic Monitoring Topographic and Tree Data Collection Modeling and Design Development 30% Design Package Regulatory Presentation City of Poway Estimated Schedule January 2022 Starting January 2022 January-April 2022 March-June 2022 June-August 2022 September 2022 www .balancehydro.com
January 18, 2022, Item #8Attachment 2 Table 1. Anticipated Staff Hours by Task 220091 Rattlesnake Creek Restoration, 30% Design Development 0 '-C .g .g (l) Q) u, -0 Task Number and Description 0: 0 -C U 0 Q) ·;;; ·o Q) 0: 0 ct HourlyRafe $220 $190 $180 $165 $140 $135 Task 1. Hydrologlc Monitoring (Balance Hydrologies) Task 1-1. Hydrologic Monitoring Station Installation Task 1-2. WY202 I Field Activities Management Task 1-3. WY202 I Doto Management and Reporting Task 2. Topographic and Tree Baseline Data Collection Management Task 2-1. Topographic Doto Collection Task 2-2. Tree Assessment Task 3. Design Development and Hydraulic Modeling Task 3-1. Existing Conditions Hydraulic Model Development Task 3-2. Proposed Conditions Hydraulic Model Development Task 3-3. Flood Modeling and Analysis Task 3-4. Preferred Alternative Design Refinement Task 4. 30% Design Package Preparation Task 4-1. 30% Design Plans Task 4-2. 30% Cost Estimate and Notes Task 4-3. 30% Design Basis Report Preparation Task 5. Regulatory Agency Presentation Task 5-1. Regulatory Agency Engagement Subtotal Hours Total Hours Noles: !0Hle1nokc Creek Phase 2 Budoet.ds,. Table l. 12/1/2021 18 of 21 2 6 20 4 8 8 12 Task l Subtotal ] · 8 8 I 8 8 Task 2 Subtotal 2 20 6 8 I 2 30 6 8 2 2 8 2 4 6 12 32 4 Task 3 Subtotal 4 4 24 12 120 2 2 8 4 12 6 12 30 8 Task 4 Subtotal 4 4 8 2 Task 5 Subtotal 32 12 118 134 40 182 ~ SUBTOTAL LABOR Expenses including SubConsulfant from Table 2 GRAND TOTAL $4,230.00 $2,000.00 $3,220.00 $9,450.00 $2,620.00 $2,620.00 $5,240.00 $6,270.00 $8,070.00 $3,130.00 $9,300.00 $26,770.00 $24.140.00 $4,540.00 $9,510.00 $38,190.00 $3.190.00 $3,190.00 $82,840.00 S12.605.00 $95,445.00 e.!021 Bolanci> Hydrolc
January 18, 2022, Item #8EXHIBIT "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) 19 of 21 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 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. 17
January 18, 2022, Item #8(2)A retired person who accepts an appointment after rece1vmg unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: (1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (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. 20 of 21 18
January 18, 2022, Item #8(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 11 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 3 83), 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). 21 of 21 19
January 18, 2022, Item #9DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway January 18, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services M Henry Trang, Senior Civil Engineer Jf7 (858) 668-4602 or htrang@poway.org CITY COUNCIL Approval of Consultant Agreements with Right-of-Way Engineering Services, Inc. and NV5, Inc. for As-needed Land Surveying Services; RFP 22-015 In November 2021, the City sent out a Request for Proposals (RFP) for as-needed land surveying services. This action will approve the Consultant Agreements with Right-of-Way Engineering Services, Inc. and NV5, Inc. to provide as-needed land surveying services. The length of the agreements are from January 19, 2022 through January 18, 2024, with a provision to mutually extend the agreements with three extensions of one year each. Recommended Action: It is recommended that the City Council authorize the City Manager to execute the Agreements with Right-of-Way Engineering Services, Inc. (Attachment A) and NV5, Inc. (Attachment B) for as-needed plan review services per the outlined terms of the Agreement. Discussion: Staff issued an RFP in November 2021 for as-needed land surveying services and received seven proposals. After a thorough evaluation of the seven proposals submitted, staff selected Right-of-Way Engineering Services, Inc. and NV5, Inc. as the firms best suited to meet the City's current and future needs. Proposals were evaluated based on established criteria as found in the RFP, including a demonstration of understanding the services requested, qualifications of the firms and specific individuals, demonstrated record of success by the consultant on work previously performed for the City or other municipalities, schedule of hourly rates, and references. Rates for the firms are consistent with industry standards. As-needed services will support Development Services staff with land survey services for various capital improvement and private development projects. Environmental Review: This item is not subject to the California Environmental Quality Act (CEQA). 1 of 34
January 18, 2022, Item #9Fiscal Impact: All costs incurred for land surveying services associated with private projects under these agreements are fully offset by developer fees. Funding for services related to public projects is within individual Capital Improvement Program project budgets. Public Notification: None Attachments: A. Standard Agreement for Consultant Services with Right-of-Way Engineering Services, Inc., including the Scope of Work and Fee Schedule B. Standard Agreement for Consultant Services with NVS, Inc., including the Scope of Work and Fee Schedule Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of 34 Reviewed By: Alan Fenstermacher City Attorney City Manager
January 18, 2022, Item #9City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of February, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and RIGHT-OF-WAY ENGINEERING SERVICES, INC., (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform as-needed land surveying services (Project); WHEREAS, Consultant is a land surveying 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. 3 of34 ATTACHMENT A 1
January 18, 2022, Item #95. 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. 4of34 2
January 18, 2022, Item #9"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: [8J 1. ConsultanUContractor 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. ConsultanUContractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of34 3
January 18, 2022, Item #9years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Perm its, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant'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. 6of34 4
January 18, 2022, Item #9(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of34 5
January 18, 2022, Item #9Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. 8 of34 6
January 18, 2022, Item #9Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 9 of34 7
January 18, 2022, Item #9IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: ------------ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 10 of 34 RIGHT-OF-WAY ENGINEERING SERVICES, INC. 8 By:------------Michael Schlumpberger, President Date: ------------
January 18, 2022, Item #9A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed land surveying services further described in the Scope of Services submitted with the proposals dated November 29, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant on a time and material basis in accordance with the Fee Proposals submitted with the proposals dated November 29, 2021, which are included in this document as Attachment 2. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. 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 February 1, 2022, and ending January 31, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 11 of 34 1
January 18, 2022, Item #9(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 12 of 34 2 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Right-Of-Way Engineering Services, Inc. 615 South Tremont Street Oceanside, CA 92054
January 18, 2022, Item #9Attachment 1 Right-of-Way Engineering Services, Inc. City of Poway As-Needed Land Surveying Services Scope of Work -Project Understanding The City of Poway desires to establish a team of qualified land surveying consultants to provide as-needed surveying services. Selected consultants may, at the request of the City, be asked to provide: Construction staking, topographic design surveys, AutoCAD mapping and drawings, prepare legal descriptions with plats, prepare exhibit maps, perform property research, review documents and maps, aerial surveying, geographic information system data, pothole location, control surveys, monument preservation, utility location, boundary surveys, and map preparation. Right-of-Way Engineering cunently provides as-needed survey services for a multitude of Cities and agencies, including the City of Poway, City of Oceanside Water Utilities, City of Vista, City of Carlsbad and City of Encinitas. Based on our experience with these cunent contracts, previous contracts and other agencies, we maintain the needed staff and equipment to meet any potential project requirements. We are responsive, flexible and understand your requirements, policies and processes. Professional Survey Services provided • Legal descriptions and Plat maps • Topographic survey • High Density 3D laser scanning • Utility research • Topography drafting, plan and profile, cross sections, spot elevations, contours • Land net creation for roadways, pipelines and building sites • Boundary surveys, comer records, records of survey • Boundary line adjustments, certificate of compliance • Construction Staking -all aspects • Control networks -horizontal and vertical • Mass grading quantity calculation and tracking • Hydrographic survey • Parcel maps, Subdivision maps • Aerial mapping • Utility tracing -Radio detection, GPR, video, thumping • Potholing -Non-destructive & excavation • Drafting services, plan drafting from engineers redlines • Map and Document review Right-of-Way Engineering understands the importance of critical path for each project. Upon notice to proceed on any project we will work with the City project Engineer to develop a time line for the project and a detailed list of deliverables. Multiple Tasks/ Projects Given the opportunity to provide services on multiple projects at the same time we analyze the project tasks and identify key milestones for each project, we then develop a schedule for each project based on the desired completion date, with the schedule for each project established we combine similar tasks from each project such as boundary research, utility research and establishment of project control enabling more efficient completion of each task. Compensation -Fee Proposal Right-of-Way Engineering services provides professional survey services to municipalities and public agencies on a time and materials, not to exceed basis. We will provide a not to exceed estimate for each project and bill only the actual time and material required to complete the project based on the following hourly rates and reimbursable expense markup: 13 of 34
January 18, 2022, Item #9Attachment 2 Right-of-Way Engineering Services, Inc. City of Poway As-Needed Land Surveying Services HOURLY RATE SCHEDULE Field Surveys -Prevailing Wage Rate $215.00 Topographic, Boundary, Control, GPS and Construction Staking Office calculations, legal description and plat $110.00 preparation, boundary calculation, note reduction AutoCAD Drafting, topographic base map preparation $110.00 Map Checking I Document Review $125.00 Supervising Land Surveyor $145.00 Title reports, aerial photogrammetry, utility mark out Cost+ 5% 14 of 34
January 18, 2022, Item #9EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. ( c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 15 of 34 (!)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. 17
January 18, 2022, Item #9(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 i:etirement and subdivision (f) shall not apply. 16 of 34 18
January 18, 2022, Item #9(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System Il who is assigned to .serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (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). 17 of 34 19
January 18, 2022, Item #9City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of February, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and NV5, INC., (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform as-needed land surveying services (Project); WHEREAS, Consultant is a land surveying 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. 18 of 34 ATTACHMENT B 1
January 18, 2022, Item #95. 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. 19 of 34 2
January 18, 2022, Item #9"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: C8] 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 20 of 34 3
January 18, 2022, Item #9years 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. 21 of 34 4
January 18, 2022, Item #9(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. 22 of 34 5
January 18, 2022, Item #9Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. 23 of 34 6
January 18, 2022, Item #9Contractor 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 "8." 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) 24 of 34 7
January 18, 2022, Item #9IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: __________ _ ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 25 of 34 NV5, Inc. By:------------Paul Robotta, Director of Survey, VP Date: ___________ _ 8
January 18, 2022, Item #9A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed land surveying services further described in the Scope of Services submitted with the proposals dated December 1, 2021, 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 on a time and material basis in accordance with the Fee Proposals submitted with the proposals dated December 1, 2021, which are included in this document as Attachment 2. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. 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 February 1, 2022, and ending January 31, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 26 of 34 1
January 18, 2022, Item #9(b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 27 of 34 2 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 NV5, Inc. 15092 Avenue of Science, Suite 200 San Diego, CA 92128
January 18, 2022, Item #9SCOPE OF SERVICES TASK 1. CONSTRUCTION STAKING ON CITY f'APITA MP n JEM NT PR CTS These tasks would start with an examination and understanding of the plans prepared for the specific project. For a street improvement project, the tasks might include staking for grading, underground utilities, and curb and gutter. For a City park, the tasks might include staking for street improvements as well as for buildings, lights, walks, playgrounds, bathrooms, etc. Other projects, such as storm water and flood control, new sewer or water lines, landscaping, etc. all generally require the services of a professional land surveyor. NV5 has successfully performed all of these types of tasks for many public agencies. TA K~&~.D G U v Y /TU UC:iRAPHIC SURVEYS ON CITY CAPITAL IMPROVEMENT R CTS Before plans can be created, a typical CIP project would need a design/topographic survey of existing conditions. A deliverable might include the topography of the site, including contours and spot elevations, a Digital Terrain Model, planimetrics and elevations of existing features -above and below ground, a boundary survey and plotted easements. NV5 has many tools and the expertise to perform these types of surveys. A topographic survey can be created by photogrammetry, LiDAR, high definition scanning or by field shots. NV5 has a fully staffed Geospatial division in the San Diego Office that performs this work in house. TASK 4 Cu PUTER MAPPI G Generally, computer generated drawings are created using AutoCAD Civil 3d, which is the current platform used by NV5. A deliverable could be an AutoCAD drawing, a PDF of the drawing, and/or a plotted hardcopy. NV5 is also capable of deliverables prepared using Microstation. In any case, the deliverable can be prepared using the City's own CAD standards. TASK 5. PREPARE LEGAL DESCRIPTIONS AND EX~IB TS NV5 personnel have written hundreds, if not thousands, of legal descriptions. We have also prepared many plats to accompany legal descriptions, as well as many other types of exhibits, including exhibits for use in court cases. Whatever type of exhibit is needed, NV5 can prepare it. ASK 6. PERFORM RESEARCH AND DOCUMENT Ri:-v A/ The NV5 survey department is very familiar with survey related research. Map research is typically done on the County of San Diego's Survey Records System. Other records might come from the City, Caltrans, or the BLM. Document review would include map checking or review of any other type of survey related documents. City of Poway I As-Needed Land Surveying Services NV5.COM I 13
January 18, 2022, Item #9OUR APPROACH Based on the scope of work defined in the Request for Proposal, and our many years of experience providing as-needed surveying, the NV5 team has developed a technical and professional approach to complete the required On-Call Surveying tasks. Keeping in mind that this is a solicitation for a very wide range of services, NV5 survey professionals are seasoned experts in providing the following tasks: • Topographic Surveys • Aerial Mapping • Horizontal and Vertical Control Surveys • As-Built Surveys • Utility Location Surveys • Underground SDG&E Surveys • Right-of-Way Surveys • LIDAR and HOS Data Collection • Boundary Determination • Easement Acquisition/ Easement Vacation/ Legal Descriptions • Legal, Survey, and Engineering Document Review • Land Acquisition/ Exchange • Construction Staking For over 67 years, the NV5 team has been delivering as-needed engineering, surveying and consulting services to various agencies. In that time we have gained a very thorough understanding of the procedures and guidelines for completing requested work. We have successfully delivered projects that were on time, within the agreed upon budgets, and as expected. Based on our experience, and the proposed scope of work, we present general workflow/approach to delivering professional services as follows: • When NV5 receives a request for work, we thoroughly review and document the work to be performed with City Staff. NV5 will immediately begin a dialog to understand the specific requirements and usually visit the project site to get a better understanding of the specific requirements and unique challenges given the work environment. We will attend a project kickoff meeting to review project elements, deadlines, and deliverables. We will attempt to identify physical constraints and issues such as access, right-of-way, utilities, and safety. From the start we establish direct lines of communication between the NV5 PM and the City PM to answer any questions and to verify the deliverable and the schedule. • For each project, the NV5 project manager, with input from the client, will develop a detailed scope of work to meet the specific project criteria. The PM will consider, plan, and document the approach, and include items such as methodology, equipment, software, completion date with milestones, budget, note keeping, forms, digital mapping format, safety and security concerns, environmental issues, permits,right of entry, methods of access and travel, and final product. • Before we perform the surveying, the requested work is put into writing in the form of a QQTR (Quality, Quantity, Time and Resources) Work Request. This way, the staff that is performing the work has a chance to review the written request with the project manager. By doing so, staff can ask questions, review the budget, discuss procedures, and understand the deadlines. • When the work is performed, the performing staff must review their work and initial the work in order to certify that they have reviewed the work and made any changes or editions. • When the survey field work is handed in to the office, the team leader or project manager must review the work before it is converted into mapping data or delivered to the client. • As information is converted into mapping, the CADD/Microstation staff reviews the field work. City of Poway I As-Needed Land Surveying Services NV5.COM I 15
January 18, 2022, Item #9Our approach to Quality Management is founded on the basic philosophy that safety and quality are core values. Each team member takes great pride that we have established and maintained a reputation as an organization with high standards. Our philosophy for providing quality is ingrained in each employee as they are expected to deliver the highest quality service and product to our clients. H On-Time Delivery Within Budget The cornerstone of the NV5 Team's success is our philosophy that we act as an extension of our client's staff. To be successful, the project team must work closely with City staff to identify and address key issues and concerns early, and to plan how the issues and concerns are to be addressed. Early issue identification comes from having an in-depth knowledge of local issues and concerns, combined with extensive experience, and technical expertise. Maintain Project Schedule One of the project manager's tasks is to develop a comprehensive survey schedule that identifies all critical tasks and the interrelationships of the project, and then to effectively use it to ensure tracking of these critical path items. Progress Report and Meetings The schedule is closely monitored with progress reports prepared for the team at time intervals appropriate to the scope and schedule of the project. We hold regular meetings to monitor project progress which would include key staff from the City, NV5, and appropriate subconsultants. Progress and coordination meetings follow a set agenda and feature review of an action item list with minutes of the meeting released within several days of the meeting. Workload One of the NV5 team's attributes is our dedication to providing the appropriate resources to complete projects on schedule. Prior to submitting a proposal, our standard procedure requires a careful evaluation of the types and volume of projects under contract, together with the proposed work requirements. This evaluation is performed to ensure that we can meet our schedule commitments. Based on our company commitment to public works clients, the City of Poway will be considered a prime client, and allocation of staff and resources will be prioritized for City work to the best of our ability. Our past project experience providing as-needed surveying services to multiple agencies has proved our dedication to honor our commitments with quality work products. NV5 surveyors have supported NV5 engineering design and development projects over the years for such projects as Stonecreek Canyon, Rattlesnake Creek Channel Improvements, Oak Knoll Roadway Improvements, and Community Road As-Builts. Moreover, in addition to performing design surveys for City projects, we have processed easement documents and record of survey maps. Our knowledge of the local environment is born out of years of experience working for local agencies. Some of the agencies, and projects, we have worked for in the past are as fol lows: • San Diego Zoological Society: Over several decades working for the Zoological Society, we have provided control and design surveys in support of many new exhibits in both parks. Survey crews had to be very sensitive to working around animals and guests while still trying to be productive. Projects included: • Wild Animal Park: Sewer Pump and Lift Stations, Heart of African Tram Replacement, Zip Line Exhibit, Tiger Walk, Wild Animal Park Comprehensive Aerial Photogrammetry, and the North American Condor Exhibit • San Diego Zoo: Zoo Equalization Tank and Pipeline, Zoo Access Road, Jungle Trail Storm Drain Pipeline and the Hippo and Panda Bear Exhibits. City of Poway I As-Needed Land Surveying Services NV5.COM I 17
January 18, 2022, Item #9Attachment 2 2022 CHARGE RATE SCHEDULE Technical Services Engineering Aide/Planning Aide ___________________ $85.00/hour Project Assistant $90.00/hour Project Administrator $100.00/hour GADD Technician I $105.00/hour GADD Technician II $120.00/hour GADD Technician Ill $140.00/hour Sr. GADD Technician/Designer $153.00/hour Design Supervisor $163.00/hour GIS Technician I $105.00/hour GIS Technician II $125.00/hour GIS Analyst $142.00/hour Senior GIS Analyst $175.00/hour Professional Junior Engineer/ Planner/ Scientist/Surveyor ______________ $125.00/hour Assistant Engineer/ Planner/ Scientist/Surveyor $142.00/hour Associate Engineer/ Planner/ Scientist/ Surveyor $160.00/hour Senior Engineer/ Planner/ Scientist/Surveyor $175.00/hour Manager $225.00/hour Associate $235.00/hour Principal $262.00/hour Feld Survey 1-Person Survey Crew (Chain-Person)* _________________ $152.00/hour 1-Person Survey Crew (Party Chief)* $175.00/hour 2-Person Survey Crew* $300.00/hour 3-Person Survey Crew* $367.00/hour * Field rates are based on "Prevailing Wage" as determined by the Department of Industrial Relations (DIR). Rates are effective through December 31, 2022. If contract assignment extends beyond that date, a new rate schedule will be added to the contract. Litigation support will be billed at $400.00 per hour. EXPENSES: Plotting and In-House Reproduction ___________________ 1.10 x Cost Subsistence ___________________________ 1.10 x Cost Other Expenses -Including Subconsultants & Purchased Services through Subcontracts _ 1.10 x Cost GIS Web Hosting _________________________ 1.10 x Cost Mileage -Outside Local Area __________________ Per Accepted IRS Rate 31 of 34
January 18, 2022, Item #9EXHIBIT "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) 32 of 34 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 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. 17
January 18, 2022, Item #9(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: (1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (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. 33 of 34 18
January 18, 2022, Item #9(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 11 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). 34 of 34 19
January 18, 2022, Item #10
January 18, 2022, Item #10
January 18, 2022, Item #10
January 18, 2022, Item #11DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway January 18, 2022 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk ~ (858) 668-4535 or cgallagher@poway.org CITY COUNCIL Second Reading and Adoption of Ordinance No. 851 entitled "An Ordinance of the City Council of the City of Poway, California, Approving Specific Plan Amendment 21-002 To The Old Coach Golf Estates Specific Plan To Transfer Development Rights Of Four Single-Family Residential Lots Included In Tentative Tract Map (TTM) 06-02 To A 15.6-Acre Remainder Parcel To Be Developed With Six Single-Family Residential Lots, Establish Development Standards For A Proposed Subdivision And Preserve Open Space." The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on December 7, 2021. There were no speakers. There was a minor typographical error in the Specific Plan Amendment (SPA) project number in the December 7, 2021 ordinance and public hearing advertisement for January 18, 2022. The correct SPA number as reflected in this report and the attached Ordinance is SPA 21-002. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: Recommended Action: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: MULLIN, FRANK, GROSCH, LEONARD, VAUS NONE NONE NONE NONE It is recommended that the City Council adopt Ordinance No. 851. Environmental Review: A Final Environmental Impact Report (FEIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the Old Coach Golf Estate Specific Plan (OCGESP), and was certified on May 15, 1990, and an Addendum to the FEIR was certified on July 19, 2016. The OCGESP 1 of 5
January 18, 2022, Item #11FEIR and Addendum analyzed the potential impacts of the build out of the OCGESP area in the manner permitted by the OCGESP as amended. A Mitigated Negative Declaration (MND) was approved on January 16, 2007 for TTM06-02, a five-residential-lot subdivision. The MND analyzed the potential impacts of the build out of the Sun road Property. An Addendum for the proposed project has been prepared in accordance with Section 15164 of the CEQA Guidelines. The Addendum includes analyses to demonstrate that environmental impacts associated with the project are consistent with the 1990 FEIR. There are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. No further environmental analysis is required at this time because the project changes substantially conform to the approved project. Fiscal Impact: None. Public Notification: An ordinance summary notice was published in in the Poway News Chieftain on Thursday,January 13, 2022. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933. Attachments: A. Ordinance No. 851 Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney
January 18, 2022, Item #11ORDINANCE NO. 851 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT 21-002 TO THE OLD COACH GOLF ESTATES SPECIFIC PLAN TO TRANSFER DEVELOPMENT RIGHTS OF FOUR SINGLE-FAMILY RESIDENTIAL LOTS INCLUDED IN TENTATIVE TRACT MAP (TTM) 06-02 TO A 15.6-ACRE REMAINDER PARCEL TO BE DEVELOPED WITH SIX SINGLE-FAMILY RESIDENTIAL LOTS, ESTABLISH DEVELOPMENT STANDARDS FOR A PROPOSED SUBDIVISION AND PRESERVE OPEN SPACE WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development Code) of the Poway Municipal Code (PMC) 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) 21-002 is proposed to redesignate the 15.6-acre remainder parcel in the southern area of the Old Coach Golf Estates Specific Plan (OCGESP) area for six single-family residential units and a new remainder parcel, establishes development standards for the new subdivision, and transfers four of the five single-family residential lots from the former TTM06-02 (Sunroad Property) east of Old Coach Road and approximately one mile north of Espola Road. SPA21-002 includes the preservation of approximately 120 acres of open space, and allowances for sewer pumps; WHEREAS, on December 7, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both in favor and against SPA 21-002; 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: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the OCGESP, and was certified on May 15, 1990. A Mitigated Negative Declaration (MND) was approved on January 16, 2007 for the Specific Plan Amendment to amend the OCGESP to add the Sunroad Property into the specific plan's boundary and TTM06-02 was approved that created five residential lots and one open space lot on the Sunroad property. The MND evaluated the environmental effects of adding the 122.5-acre Sunroad Property into the OCGESP and TTM06-02. Based upon review of the current project, none of the situations described in Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines apply. No changes in circumstances have occurred, and no new information of substantial importance has manifested, which would result in new significant or substantially increased adverse impacts as a result of the proposed project. Specifically, the City has determined the following: 3 of 5
January 18, 2022, Item #11• There are no substantial changes to the project that would require major revisions to the 1990 FEIR due to new significant environmental impacts or a substantial increase in the severity of impacts identified in the 1990 FEI R. • Substantial changes have not occurred in the circumstances under which the project is being undertaken that would require major revisions of the 1990 FEIR to disclose new, significant environmental effects or a substantial increase in the severity of the impacts identified in the FEIR. • There is no new information of substantial importance not known at the time the 1990 FEIR was certified that shows any of the following: 1. The project would have any new significant effects not discussed in the 1990 FEIR. 2. There are impacts that were determined to be significant in the 1990 FEIR that would be substantially increased. 3. There are additional mitigation measures or alternatives to the project that would substantially reduce one or more of the significant effects identified in the 1990 FEIR. 4. There are additional mitigation measures or alternatives that were rejected by the project proponent that are considerably different from those analyzed in the 1990 FEIR that would substantially reduce any significant impact identified in the 1990 FEIR. An Addendum has been prepared in accordance with Section 15164 of the CEQA Guidelines. The Addendum includes analyses to demonstrate that environmental impacts associated with the project are consistent with the 1990 FEIR. In accordance with the Addendum to the FEIR prepared by RECON dated August 25, 2021, the provisions in the Specific Plan along with adherence to the City's Grading Ordinance, General Plan policies, and the mitigation measures in the Community Design Element of the Specific Plan were determined to reduce the impacts related to land use and planning considerations to below a level of significance. SECTION 3: The City Council finds that SPA 21-002 is consistent with the purpose of Chapter 17.47 of the PMC, the General Plan, and development policies of the City. SECTION 4: The City Council hereby approves and adopts Specific Plan Amendment (SPA) 21-002, an amendment to the OCGESP, included as "Exhibit A" to this Ordinance. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 5: 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 attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. 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. SECTION 6: 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, 4 of 5
January 18, 2022, Item #11subsections, 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 7: This Ordinance shall be codified. SECTION 8: 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 7th day of December, 2021, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 18th day of January, 2022, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of 5
January 18, 2022, Item #12
January 18, 2022, Item #12
January 18, 2022, Item #12
January 18, 2022, Item #12
January 18, 2022, Item #12
January 18, 2022, Item #12
January 18, 2022, Item #12
January 18, 2022, Item #12
January 18, 2022, Item #12
January 18, 2022, Item #12
January 18, 2022, Item #13DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway January 18, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services/,A Melody Rocco, City Engineer µJL (858) 668-4653 or mrocco@poway.org CITY COUNCIL A Resolution Approving an All-Way Stop Control at the Intersection of Martincoit Road and Stone Canyon Road On October 13, 2021, the City's Traffic Safety Committee (TSC) supported staff's recommendation for an all-way stop control at the intersection of Martincoit Road and Stone Canyon Road, which was analyzed after receiving a resident request to re-evaluate the intersection. The proposed all-way stop is recommended pursuant to the California Manual on Uniform Traffic Control Devices (MUTCD) based on corner sight distance and the similar operating traffic conditions on Martincoit Road and Stone Canyon Road. Recommended Action: It is recommended that the City Council adopt the Resolution (Attachment A) approving an all-way stop control at the intersection of Martincoit Road and Stone Canyon Road. Discussion: A request was received, along with a petition, to re-evaluate the Martincoit Road and Stone Canyon Road intersection for an all-way stop control. The petition received was signed by 14 property owners or residents within 500 feet of the intersection. The same request was considered by the TSC and City Council several years ago. On May 7, 2013 during discussion on the 2013 Traffic and Engineering Survey, the City Council requested that staff investigate the possibility of an all-way stop control at the intersection of Martincoit Road and Stone Canyon Road. This request was in response to a speeding concern expressed by Martincoit Road residents. The existing intersection control is stop controlled for the Stone Canyon Road approach to the three-way orT-intersection with Martincoit Road. Martincoit Road is currently uncontrolled. Attachment B depicts the subject intersection. 1 of 12
January 18, 2022, Item #13On June 11, 2013 staff collected traffic volumes approaching all three legs of the subject intersection. The traffic data was used to evaluate the need for an all-way stop control based on volume criteria. Intersection site distance was also checked using the 85th percentile speed for Martincoit Road from the 2013 Traffic and Engineering Survey. Based on the results, on August 28, 2013 a recommendation was made to the TSC to install an all-way stop control at the T-intersection for Stone Canyon Road and Martincoit Road. The committee unanimously voted to approve the all-way stop. On December 3, 2013 staff recommended the installation of an all-way stop control at the intersection to the City Council. After comments from the public, both in favor and opposed, and discussion by the Councilmembers, no action was taken, and the item was referred back to the TSC for further consideration. The City Council was concerned that the measured sight distance had been determined based upon speed survey data taken at a different location other than near the intersection. The Council also asked staff to investigate possible traffic calming measures for Martincoit Road. At the February 26, 2014 TSC meeting, staff presented the findings from a new speed survey. The traffic calming measures investigated on Martincoit Road were also presented. Staff recommended the installation of an all-way stop control at the intersection with appropriate intersection and advanced warning signs. The committee unanimously approved the recommendation for an all-way stop. Staff presented this recommendation to the City Council on April 1, 2014. They did not approve the all-way stop control and requested staff to analyze the site for other traffic calming measures on Martincoit Road. On September 2, 2014 staff recommended the restriping of the intersection and the installation of additional striping on the approach to the intersection on Martincoit Road. City Council approved these recommendations. The subject intersection has since been restriped. Additional signage and pavement legends, as well as curve warning signs with a flashing beacon have also been installed along Martincoit Road. In response to the recent request to consider an all-way stop at this intersection, staff re-evaluated the intersection. On September 9, 2021 staff collected new traffic volumes approaching from all three legs of the subject intersection, see Attachment C. The new traffic data was used to re-evaluate the need for an all-way stop control. New speed data was also collected at five locations close to the subject intersection. The speed data was recorded in each location for a length of time that provided information on at least 100 unimpeded vehicles. The 85th percentile speeds were measured as follows: Road Direction Location 85th Percentile Speed Martincoit Road Northbound 630' south of Stone Canyon Road 39 mph Martincoit Road Southbound 630' south of Stone Canyon Road 38 mph Martincoit Road Northbound 465' north of Stone Canyon Road 47 mph Martincoit Road Southbound 465' north of Stone Canyon Road 42 mph Stone Canyon Road Eastbound 555' west of Martincoit Road 38 mph Stone Canyon Road Westbound 555' west of Martincoit Road 39 mph Attachment D shows the locations where the speed data was collected and the results of the survey. 2 of 12
January 18, 2022, Item #13Section 2B.07 "Multi-Way Stop Applications" of the California MUTCD is used as the guideline to evaluate intersections for all-way stop controls. The noted MUTCD guidelines identify two groups of conditions where an all-way stop control can be installed: Should Conditions Conditions when all-way stop controls "Should" be used involve minimum traffic volumes, number of accidents, and locations where traffic signals are justified. May Conditions Conditions when all-way stop controls "May" be used involve a need to control left-turn conflicts and/or vehicular and pedestrian conflicts, lack of sight distance, and local collector intersections with similar design and operating characteristics. The subject intersection of Martincoit Road and Stone Canyon Road does not meet any of the criteria under the "Should" conditions due to its low traffic volumes and number of accidents per year. Under the "May'' conditions, Martincoit Road and Stone Canyon Road have the same classification per the City's Transportation Master Element, Local Collector, with approximately equal traffic volumes, around 2,500 average daily trips. They also have similar prevailing (85th percentile) speeds of approximately 40 mph and both have the same posted speed limit of 35 mph. These similarities in roadway characteristics and operating parameters between Martincoit Road and Stone Canyon Road, qualify the subject intersection for an all-way stop control pursuant to Section 2B.07 of the MUTCD. Additionally, sight distance was re-evaluated. The existing corner sight distance for Stone Canyon Road drivers turning left (north) onto Martincoit Road is over 500 feet to the north. According to the recent speed survey, the southbound 85th percentile speed, taken at approximately 465 feet north of the intersection (the measurement closest to the intersection), was 42 mph. Assuming this speed on the uncontrolled approach, the California Highway Design Manual calls for a recommended corner sight distance of 463 feet and a minimum corner sight distance of 324 feet. Since the sight distance to the north is over 500 feet, this standard is met. The existing corner sight distance to the south, for Stone Canyon Road drivers turning left (north) onto Martincoit Road, is approximately 220 feet. The northbound 85th percentile speed, taken at approximately 630 feet south of the intersection, was 39 mph. Assuming this speed on the uncontrolled approach, the California Highway Design Manual calls for a recommended corner sight distance of 429 feet and a minimum corner sight distance of 290 feet. The existing corner sight distance of 220 feet to the south does not meet either of the two corner sight distances (recommended or minimum) called for in the California Highway Design Manual, using the measured 85th percentile speed. Corner sight distance may also be calculated using design speed. Using the posted speed limit of 35 mph, the recommended corner sight distance would be 386 feet, and the minimum corner sight distance would be 250 feet. The existing corner sight distance of 220 feet to the south is also not met using the design speed. Pursuant to condition C, Paragraph 5 of Section 2B.07 of the MUTCD, the intersection of Martincoit Road and Stone Canyon Road qualifies for an all-way stop control based on the corner sight distance conditions. At its meeting on October 13, 2021, the TSC voted unanimously to support staff's recommendation to install an all-way stop control at the intersection of Martincoit Road and Stone Canyon Road, with appropriate markings and advance warning signs. 3 of 12
January 18, 2022, Item #13Prior to the TSC meeting staff received ten emails which were split in favor and against the installation of the all-way stop control. At the TSC meeting, residents in attendance were given an opportunity to voice their opinions and concerns. Of the twelve residents who chose to speak, seven were in favor of the stop sign and five were against it. Of the seven supporting the installation, several were in favor of adding more than just stop signs. Environmental Review: This item is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15301 of the CEQA Guidelines as it includes installation of an all-way stop control on existing City streets and there is no expansion of existing use. Fiscal Impact: There are sufficient funds available in the Street Striping Account (411040-43300) to install new stop legends and limit lines estimated at $1,000, and in the Sign Maintenance Materials Account (411040-45300) to install new stop signs at under $500. Public Notification: Notices were mailed to residents living within a 500-foot radius from the intersection, 2,000 feet from the intersection along Martincoit Road and Stone Canyon Road, and all the residents who attended the Traffic Safety Committee meeting regarding this matter. Notification signs were also posted at the intersection. Attachments: A. Resolution B. Location Map C. Traffic Counts D. Speed Survey Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 4 of 12 Reviewed By: Alan Fenstermacher City Attorney City Manager
January 18, 2022, Item #13RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING AN ALL-WAY STOP CONTROL AT THE INTERSECTION OF MARTINCOIT ROAD AND STONE CANYON ROAD WHEREAS, Section 21100 of the California Vehicle Code permits local authorities to adopt by resolution traffic control measures meeting the requirements set forth under Section 21351 of the California Vehicle Code; WHEREAS, Section21351 of the California Vehicle Code permits local authorities to place and maintain such traffic signs upon streets and highways as may be necessary to properly indicate and carry out the provisions of the local ordinances and to warn or guide traffic; WHEREAS, Section 21354 of the California Vehicle Code permits local authorities to designate any intersection under its exclusive jurisdiction as a stop intersection and erect stop signs at one or more entrances thereto; WHEREAS, Section 10.24.020 of the City's Municipal Code permits installation of stop signs where the City Council has determined that there is a special hazard to life and property by reason of lack of visibility to the drivers of vehicles approaching such intersection; WHEREAS, Resolution No. 05-086, adopted by the City Council on October 4, 2005, sets the guidelines to determine a special hazard to life and property condition in accordance with Sections 28.05 "STOP Sign Applications" and 28.07 "Multiway Stop Applications" of the California Manual on Uniform Traffic Control Devices (MUTCD); WHEREAS, the City Council has determined that the intersection of Martincoit Road and Stone Canyon Road qualifies for an all-way stop control due to lack of adequate sight distance and the need to control vehicle conflicts in accordance with the guidelines set forth in Section 28.07 of the California MUTCD; and WHEREAS, the City Council has determined that an all-way stop control and appropriate markings should be established at the intersection of Martincoit Road and Stone Canyon Road. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: In accordance with said Section 21351 of the California Vehicle Code, an all-way stop control with appropriate markings and advance warning signs shall be installed at the intersection of Martincoit Road and Stone Canyon Road. 5 of 12 ATTACHMENT A
January 18, 2022, Item #13Resolution No. 22-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 18th day of January, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 6 of 12
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January 18, 2022, Item #13Prepared by National Data & Surveying Services Martincoit Rd & Stone Canyon Rd Peak Hour Turning Movement Count ID: 21-040155-001 City: Poway Martincoit Rd Day: Thursday Date: 9/9/2021 08:00 AM -09:00 AM AM 100 27 0 0 158 AM 7:00 AM -09:00 AM 0 0 C z -t 12:45 PM -01 :45 PM NOON 85 35 0 0 119 NOON 11 :00 AM -02:00 PM "'O m :;o 03:00 PM -04:00 PM PM 66 26 0 116 PM 2:00 PM -06:00 PM 0 CJ en AM NOON PM 134 113 93 ¢:i 0 0 .!) 0 ---+------+---116 83 80 j 0 0 0 0 ➔ 1 15 28 32 ,. 0 AM NOON PM Totals (AM) _J3 ~ .'.; L 116,t ~ t.O 0-+ ~+-0 15"\. I' 0 7., t ,., 8 of 12 W~O W N PM NOON AM 0 1 58 63 42 if PM NOON AM 0 0 0 0 267 PM 0.95 1 0 0 t. 0 0 0 0 0 0 0 0 c::;> 0 0 0 0 0 0 0 en 0 ::, (?) 0 C,) ::, '< 0 ::, :;o 0. PM NOON AM 0 27 35 0 PM 0 28 36 0 NOON 0 33 42 0 AM Totals (AM) _J3 ~ .:;L 116,t ~ t.0 0-+ ~ +-0 15"\, I' 0 7Hb1 Totals (NOON) _J~ ~ .:;L 83.t ~ t.0 0-+ ~ +-0 728"\,., t ,.,,o NWO 00 O'I Totals (PM) ATTACHMENT C
January 18, 2022, Item #139 of 12 ATTACHMENT D
January 18, 2022, Item #13Prepared by National Data & Surveying Services
SPEED
Martincoit Rd N/0 Stone Canyon Rd
Day: Thursday City: Poway
...a. Date: 9/9/2021 Project#: CA21_040156_001s 0
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00:00 AM 0 0 0 0 1 0 1 0 0 0 0 0 0 2
01:00 0 0 0 0 1 0 0 0 0 0 0 0 0 1
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0
03:00 0 0 0 0 1 0 0 0 1 0 0 0 0 2
04:00 1 0 0 0 0 1 1 0 0 0 0 0 0 3
05:00 0 0 0 1 1 2 0 0 0 0 0 0 0 4
06:00 0 0 0 6 11 7 3 0 0 0 0 0 0 27
07:00 0 1 3 5 23 33 15 1 0 0 0 0 0 81
08:00 1 0 2 19 45 39 12 4 0 0 0 0 0 122
09:00 0 0 5 9 16 23 7 2 0 0 0 0 0 62
10:00 1 2 2 10 15 17 6 1 1 0 0 0 0 55
11:00 1 1 1 6 11 14 13 3 3 0 0 0 0 53
12:00 PM 0 0 3 9 25 12 8 3 1 0 0 0 0 61
13:00 0 3 3 26 41 27 16 2 0 1 0 0 0 119
14:00 0 2 2 8 22 24 17 6 1 0 0 0 0 82
15:00 0 1 4 15 23 38 9 5 0 1 0 0 0 96
16:00 1 0 3 3 19 32 13 6 1 0 0 0 0 78
17:00 0 3 1 9 18 22 16 5 0 1 0 0 0 75
18:00 0 2 3 5 12 9 14 1 1 0 0 0 0 47
19:00 1 2 0 4 7 8 6 2 0 1 0 0 0 31
20:00 0 0 1 1 8 5 5 2 1 2 0 0 0 25
21:00 0 0 0 0 5 5 1 0 1 0 0 0 0 12
22:00 0 0 1 2 2 0 0 1 1 0 0 0 0 7
23:00 0 0 0 0 2 1 0 0 0 0 0 0 0 3
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%I 2%1 3%1 13%1 29%1 30%1 16%1 4%1 1%1 1%1 I I I 100%
AM Volumes 4 4 13 56 125 136 58 11 5 0 0 0 0 412
%AM 0% 0% 1% 5% 12% 13% 6% 1% 0% 39%
AM Peak Hour 04:00 10:00 09:00 08:00 08:00 08:00 07:00 08:00 11:00 08:00
Volume 1 2 5 19 45 39 15 4 3 122
PM Volumes 2 13 21 82 184 183 105 33 7 6 0 0 0 636
%PM 0% 1% 2% 8% 18% 17% 10% 3% 1% 1% 61%
PM Peak Hour 16:00 13:00 15:00 13:00 13:00 15:00 14:00 14:00 12:00 20:00 13:00
Volume 1 3 4 26 41 38 17 6 1 2 119
Directional Peak Periods AM7-9 NOON 12-2 PM 4-6 Off Peak Volumes
All Speeds Volume % Volume % Volume % Volume %
203 +---+ 19% 180 +-----+ 17% 153 +-----+ 15% 512 +-----+ 49%
January 18, 2022, Item #13Prepared by National Data & Surveying Services
SPEED
Martincoit Rd S/0 Stone Canyon Rd
Day: Thursday City: Poway -Date: 9/9/2021 Project#: CA21_040156_002n -0 North Bound -ti -N Will
00:00 AM 0 0 0 0 1 0 0 0 0 0 0 0 0 1
01:00 0 0 0 0 0 1 0 0 0 0 0 0 0 1
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0
04:00 0 1 0 0 0 0 0 0 0 0 0 0 0 1
05:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0
06:00 0 0 4 1 6 2 1 1 0 0 0 0 0 15
07:00 0 1 1 3 28 28 4 2 0 0 0 0 0 67
08:00 0 1 6 12 33 14 7 1 0 0 0 0 0 74
09:00 0 0 6 2 25 19 4 0 0 0 0 0 0 56
10:00 0 0 1 5 15 9 4 0 0 0 0 0 0 34
11:00 2 0 3 5 19 22 7 2 0 0 0 0 0 60
12:00 PM 0 1 2 10 22 18 6 1 0 0 0 0 0 60
13:00 0 1 2 10 23 13 3 0 0 0 0 0 0 52
14:00 3 3 4 9 18 14 3 1 0 0 0 0 0 55
15:00 2 1 3 7 18 15 9 1 0 0 0 0 0 56
16:00 0 1 4 8 16 17 6 1 0 0 0 0 0 53
17:00 0 0 5 13 12 11 4 2 0 0 0 0 0 47
18:00 0 1 4 5 14 11 2 1 0 0 0 0 0 38
19:00 0 1 2 3 8 9 2 0 0 0 0 0 0 25
20:00 0 0 0 1 4 3 2 0 0 0 0 0 0 10
21:00 0 0 1 0 3 2 0 0 0 0 0 0 0 6
22:00 0 0 0 0 1 1 0 0 0 0 0 0 0 2
23:00 0 0 0 0 1 0 0 0 0 0 0 0 0 1 .... ,; .. , . •'
% of Totatsl 1%1 2%1 7%1 13%1 37%1 29%1 9%1 2%1 I I I I I 100%
AM Volumes 2 3 21 28 127 95 27 6 0 0 0 0 0 309
%AM 0% 0% 3% 4% 18% 13% 4% 1% 43%
AM Peak Hour 11:00 04:00 08:00 08:00 08:00 07:00 08:00 07:00 08:00
Volume 2 1 6 12 33 28 7 2 74
PM Volumes 5 9 27 66 140 114 37 7 0 0 0 0 0 405
%PM 1% 1% 4% 9% 20% 16% 5% 1% 57%
PM Peak Hour 14:00 14:00 17:00 17:00 13:00 12:00 15:00 17:00 12:00
Volume 3 3 5 13 23 18 9 2 60
Directional Peak Periods AM 7-9 NOON 12-2 PM4-6 Off Peak Volumes
All Speeds Volume % Volume % Volume % Volume %
141 +-----+ 20% 112 +-----+ 16% 100 +-----+ 14% 361 +-----+ 51%
January 18, 2022, Item #13Prepared by National Data & Surveying Services
SPEED
Stone Canyon Rd W/0 Martincoit Rd
Day: Thursday City: Poway
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02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0
04:00 0 0 0 0 1 3 0 0 0 0 0 0 0 4
05:00 0 0 0 1 8 3 1 0 0 0 0 0 0 13
06:00 0 0 0 2 10 12 1 0 0 0 0 0 0 25
07:00 0 0 2 12 46 33 1 0 0 0 0 0 0 94
08:00 0 1 4 10 59 42 14 2 0 0 0 0 0 132
09:00 0 0 4 10 33 25 6 0 0 0 0 0 0 78
10:00 0 0 2 4 25 18 2 1 0 0 0 0 0 52
11:00 0 0 2 8 25 24 11 2 0 0 0 0 0 72
12:00 PM 0 2 2 9 25 20 4 0 0 0 0 0 0 62
13:00 0 1 4 12 61 26 3 0 2 0 0 0 0 109
14:00 0 1 1 10 33 28 8 1 0 0 0 0 0 82
15:00 0 0 5 8 44 23 10 2 1 0 0 0 0 93
16:00 0 2 3 10 32 26 5 1 1 0 0 0 0 80
17:00 0 1 2 11 33 31 4 2 0 0 0 0 0 84
18:00 0 0 1 2 21 15 4 0 0 0 0 0 0 43
19:00 0 0 0 2 14 10 2 0 0 0 0 0 0 28
20:00 0 0 0 1 8 4 0 0 0 0 0 0 0 13
21:00 0 0 0 1 3 2 1 0 0 0 0 0 0 7
22:00 0 0 0 0 1 1 0 0 0 0 0 0 0 2
23:00 0 0 0 0 1 1 0 0 0 0 0 0 0 2
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%1 3%1 11%1 45%1 32%1 7%1 1%1 0%1 I I I I 100%
AM Volumes 0 1 14 47 207 160 36 5 0 0 0 0 0 470
%AM 0% 1% 4% 19% 15% 3% 0% 44%
AM Peak Hour 08:00 08:00 07:00 08:00 08:00 08:00 08:00 08:00
Volume 1 4 12 59 42 14 2 132
PM Volumes 0 7 18 66 276 187 41 6 4 0 0 0 0 605
%PM 1% 2% 6% 26% 17% 4% 1% 0% 56%
PM Peak Hour 12:00 15:00 13:00 13:00 17:00 15:00 15:00 13:00 13:00
Volume 2 5 12 61 31 10 2 2 109
Directional Peak Periods AM7-9 NOON 12-2 PM 4-6 Off Peak Volumes
All Speeds Volume % Volume % Volume % Volume %
226 +------+ 21% 171 ~ 16% 164 ~ 15% 514 ~ 48%
January 18, 2022, Item #14'/ · } AGENDA REPORT City of Poway .. --·-__ .. --. . ·---. ,,,,.,. ( --~--·--c-"" DATE: TO: FROM: CONTACT: SUBJECT: Summary: January 18, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services~ Melody Rocco, City Engineer jlf-(858) 668-4653 or mrocco@poway.org CITY COUNCIL A Resolution Removing No Parking on the West Side of Old Pomerado Road in Front of Bette Bendixon Park On October 13, 2021, the City's Traffic Safety Committee (TSC) supported staff's recommendation to remove approximately 70 feet of a "No Standing or Parking" zone in front of Bette Bendixen Park on Old Pomerado Road, which was analyzed after receiving a resident request to allow parking in this area. The proposed changes are recommended based upon a field evaluation and coordination with the Sheriff's Department Poway Command. Recommended Action: It is recommended that the City Council adopt the Resolution (Attachment A), removing approximately 70 feet of a "No Standing or Parking" zone in front of Bette Bendixen Park on Old Pomerado Road. Discussion: A request was received for staff to evaluate allowing parking along the west side of Old Pomerado Road in front of Bette Bendixon Park which is currently established as a "No Standing or Parking" zone. The area has signs stating "No Parking or Stopping Anytime". The resident indicated that there is insufficient parking in the area and the road appeared to be wide enough to allow parking. Staff conducted research into the establishment of the "No Standing or Parking" zone and found it was established by the City Council by Resolution No. 86-013 on February 11, 1986. The original request for parking restrictions was received from the Poway Sheriff's Department. A "No Standing or Parking" zone was established along the west side of Old Pomerado Road (formerly Pomerado Road) from 375 feet south of the centerline of Paseo Colina to Beeler Creek Bridge, approximately 1,025 feet south. Staff also conducted a field evaluation and found a majority of the road is paved roadway without curb and gutter and insufficient room for on-street parking. However, approximately 70 feet at the northern most section of the established zone has curb and gutter on the west side, directly in front of Bette Bendixen Park, and there is 20 feet of paved area from the 1 of 5
January 18, 2022, Item #14centerline to the curb. The current 20 foot lane width (including curb and gutter) is sufficient to provide more than the minimum required 10 foot travel lane and seven foot width for parking. Attachment B shows the area adjacent to the park where parking is not currently allowed. Staff reached out to the Sheriff's Department Poway Command to review the requested modification since the "No Standing or Parking" Zone was originally established at their request. They believe the request was made when this section of Old Pomerado Road was the main thoroughfare, before the current Pomerado Road was constructed. Traffic was likely much higher at the time. They indicated that removal of the No Parking Zone on the west side of the road in front of Bette Bendixon Park, where the curb and gutter exist, would be an acceptable location to allow parking. Staff presented this item at the October 13, 2021 Traffic Safety Committee (TSC) meeting. It was staff's suggestion that the parking restriction be removed. The request to add the parking was not specifically for access to Bette Bendixon Park and since parking is currently restricted in front of the park, long duration parking by residents will not change the condition regarding access to the park. The TSC voted unanimously to support staff's recommendation to approve the recommended parking modification. Based upon the support by the TSC, staff recommends approving the Resolution to remove 70 feet of "No Standing or Parking" zone on the west side of Old Pomerado Road, in front of Bette Bendixon Park. Attachment C shows the necessary signage modifications should the City Council approve staff's recommendation. Environmental Review: This item is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines. The item involves the removal of a no parking zone on a public street, and there is no possibility that this will have a significant effect on the environment. Fiscal Impact: Sufficient funds are available in the Sign Maintenance Materials Account (411040-45300) for the proposed signage costs which are estimated below $500. Public Notification: A Notice of City Council Meeting has been sent to residents who attended the TSC meeting on October 13, 2021, those who have expressed interest through correspondence on the subject, and those within 500 feet of the proposed parking changes. Attachments: A. Resolution B. Existing Condition Exhibit C. Proposed Parking Modification Exhibit Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney e City Manager
January 18, 2022, Item #14RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, REMOVING NO PARKING ON THE WEST SIDE OF OLD POMERADO ROAD IN FRONT OF BETTE BENDIXON PARK WHEREAS, on February 11, 1986, the City Council approved Resolution No. 86-013 establishing a "No Standing or Parking" zone on Old Pomerado Road; and WHEREAS, the City Council has determined that it is appropriate to reduce the limits of No Parking established by Resolution No. 86-013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The proposed modifications to the "No Standing or Parking" zone on an existing City street is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 (c) of the CEQA Guidelines, in that the project involves maintenance of existing streets with no expansion of use. SECTION 2: In accordance with said Section 21351 of the California Vehicle Code and 10.28.080 of the Poway Municipal Code, 70 feet of "No Standing or Parking" zone on the west side of Old Pomerado Road in front of Bette Bendixen Park is hereby removed. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 18th day of January, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 3 of 5 ATTACHMENT A
January 18, 2022, Item #14Print Date: 9/8/2021 EXISTING CONDITION Map Scale: 1:564 Disc la iner41.0fn5!,arcel data are beieved to be accurate. but accuracy is not guaran.AJ.'l'Ji\Ctci~u!lnt and shoukl not be substtuted for a title search, appraisal, survey, or for zoning verifi:ation.
January 18, 2022, Item #14Print Date: 9/8/2021 PROPOSED PARKING MODIFICATIONS Map Scale: 1:282 Discla i'ner5.1Qfniparcel data are beieved to be accurate. but accuracy is not guaranArl4Ctclw.NluCnt and shoukl not be substtuted for a title search, appraisal, survey, or for zoning verifi::ation.
January 18, 2022, Item #15DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway January 18, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services {)I\ David De Vries, City Planner \)~\) (858) 668-4604 or ddevries@poway.org Final Needs Assessment for Community Park CITY COUNCIL This action is a review of the Final Needs Assessment for Community Park (Assessment) prepared by PROS Consulting. PROS Consulting was contracted by the City to prepare a usage and needs assessment of Community Park. At the meeting, the consultant will provide a brief overview of the Final Needs Assessment and priorities for Community Park for consideration. Recommended Action: It is recommended that the City Council adopt the Final Needs Assessment for Community Park (Attachment A). Discussion: Following a City Council initiated item introduced by Councilmember Leonard and Councilmember Grosch, the City Council directed the preparation of this Assessment in December 2019 to complement the recent renovation of the Swim Center and the new Mickey Cafagna Community Center. The City Council also acknowledged that, with the adoption of the Poway Road Specific Plan in 2017 and recently entitled housing projects, there would be many new families in the area using the park. The Assessment was prepared based on a robust outreach program and research analysis. Outreach included discussions with City staff, the City Council, and community stakeholders including the Parks and Recreation Advisory Committee (PRAC), representatives from the Poway Valley Senior Citizens Corporation, Poway Sports Association (PSA), and contract instructors. This outreach program, the research analysis, and resulting considerations are discussed further in the Assessment. At the November 16, 2021 City Council meeting, the City Council supported the Draft Needs Assessment Executive Summary and noted that adding bike access, increasing park visibility and creek renovations should also be prioritized. The City Council then directed the consultant to prepare the Assessment for adoption. PROS Consulting will present an overview of the Assessment and priorities for consideration at the City Council meeting (presentation available online at PlanCommunityPark.com). If adopted by the City Council, the assessment will be used to prioritize future improvements to Community Park as a part of future capital improvement program (CIP) 1 of 60
January 18, 2022, Item #15project programming. The results of this Assessment will be used to prioritize projects and develop a long-term concept plan for implementing improvements. This concept plan would be used to match up prioritized projects with available funding each year with the CIP budget process. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA) Guidelines. Fiscal Impact: None. Public Notification: A Notice of this meeting was posted on the designated webpage (PlanCommunityPark.com). Notification was provided to news and social media outlets, all website registrants, and noted stakeholders. Attachments: A. Final Needs Assessment for Community Park Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of60 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager
January 18, 2022, Item #15COMMUNITY PARK NEEDS ASSESSMENT DRAFT DECEMBER 2021 PLANCOMMUNITYPARK.COM
January 18, 2022, Item #154 of 60 COMMUNITY PARK NEEDS ASSESSMENT ACKNOWLEDGEMENTS City of Poway Chris Hazeltine, City Manager Wendy Kaserman, Assistant City Manager Audrey Denham, Community Services Director Bob Manis, Development Services Director Will Wiley, Assistant Director of Public Works, Maintenance and Operations David De Vries, City Planner Carrie Sanchez, Recreation Area Manager Rene Carmichael, Community Outreach Coordinator Bob Hahn, Parks and Trails Manager PROS Consulting. INC. Neelay Bhatt, Vice President and Principal Consultant Jason Elissalde, Senior Project Manager pros;,';> consultiQg
January 18, 2022, Item #15CITY OF POWAY TABLE OF CONTENTS CHAPTER ONE --EXECUTIVE SUMMARY ........................................................................... 1 1.1 INTRODUCTION .................................................................................................. 1 1.2 PROJECT PROCESS .............................................................................................. 1 1.3 KEY FINDINGS .................................................................................................... 2 1.4 RECOMMENDATIONS ............................................................................................ 3 1.5 CONCLUSION ..................................................................................................... 4 CHAPTER TWO -PUBLIC OUTREACH AND ENGAGEMENT ....................................................... 5 2.1 KEY STAKEHOLDER AND USER GROUPS SUMMARY .......................................................... 6 2.2 PUBLIC INPUT MEETINGS ...................................................................................... 11 2.3 ELECTRONIC SURVEY .......................................................................................... 13 2.4 WEBSITE ANALYTICS ........................................................................................... 32 CHAPTER THREE -RECREATION TRENDS AND BENCHMARKING ............................................. 33 3.1 RECREATION TRENDS .......................................................................................... 33 CHAPTER FOUR -STRATEGIC RECOMMENDATIONS ............................................................ 38 4. 1 RECOMMENDATIONS ........................................................................................... 38 CHAPTER FIVE -CONCLUSION ••••.••••••••••••••.•.•.•••..•..•••••••..•.•••••••••••••••••.••••.••••..•.•.....••.•. 39 APPENDIX A -NON-PARTICIPANT INTEREST BY AGE SEGMENT .............................................. 41 APPENDIX B -NATIONAL AND REGIONAL PROGRAMMING TRENDS .......................................... 42 APPENDIX C -CORE VS. CASUAL PARTICIPATION TRENDS ................................................... 45 APPENDIX D -PUBLIC INPUT MEETING POLL RES UL TS .•••••.••.••.••••••••.•••..••.•.••...••••..•••.•.....•.. 51 APPENDIX E -PUBLIC INPUT MEETING CHAT COMMENTS ••••.•.•.•.••..••••..••..•••..•••.•.••.•••••.•..•..•. 55 5 of 60 ii
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT CHAPTER ONE --EXECUTIVE SUMMARY 1.1 INTRODUCTION The City of Poway selected PROS Consulting to assist in developing a Needs Assessment for Community Park ("Assessment"). The purpose of the Assessment is to serve as a usable "blueprint" to the City staff, Parks & Recreation Advisory Committee, and the City Council in planning for the needs of Community Park for the growing population using it. This document is intended to be an identification of community needs based on: • Recreation Trends • Key Leader, Stakeholder, and User Group Input • Virtual Public Meetings and Community Survey • Benchmarking Data • Staff Visioning Process The next step in this process is recommended to be a Site Master Plan to help design and identify the best placement and location of the approved needs identified through this assessment. 1.2 PROJECT PROCESS The Assessment followed a process of data collection, public input, on-the-ground study, assessment of existing conditions, market research, and open dialogue with local leadership and key stakeholders. The project process followed a planning path, as illustrated below: Where Are We TODAY? .................... • Site Tour • Benchmark Analysis 6 of 60 Where Are We Going TOMORROW? ............................. • Community Engagement • Demographic and Trends • Level of Service Standards • Online Survey 1 How Do We Get THERE? . ..................... . • Needs Prioritization pros~,';> consuttiQg
January 18, 2022, Item #15I CITY OF POWA V 1.3 KEY FINDINGS 1.3.1 RECREATION TRENDS These were developed for Poway using data from Environmental Services Research Institute (ESRI) using participation data based on Market Potential Index (MPI) measures (the probable demand for a product or service within a defined service area). It shows the Fitness MPI likelihood that an adult resident will -Poway -National Average 160 147 participate in 140 certain activities 120 when compared to J 100 the U.S. National 80 average which is ~ 60 denoted as 100. 40 Thus, numbers 20 below 100 0 Yoga Jogging/ Pilates Swimming Weight Walking for Aerobics Zumba represent lower Running Lifting Exercise than average participation rates (lower demand) and numbers above 100 represent above average participation rates (higher demand). MPls were developed for General Sports, Fitness, and Outdoor Activity. As seen below, a variety of fitness activities including jogging, running, and walking for exercise are all very high priorities compared to the national average. 1.3.2 COMMUNITY INPUT This included a variety of key leader (City Council, Committee members, staff etc.), stakeholder, and user groups (partial list shown) who shared Stakeholders and User Groups their input on strengths, opportunities, and their top priorities/vision for Community Park. Two virtual public meetings were also conducted in June 2021 and had over 30 attendees participated in them. City of Poway Poway City Council Poway Valley Senior Citizen Corporation Board of Directors Valley Elementary June 9, 2021 Parks and Recreation Advisory Committee Trail Advisory Board SD Skate Life Poway Sports Association In additional, the Consulting team, in conjunction with City staff, administered an online survey via Survey Virtual Public Meeting #2 ·-COMPLETED Monkey and the project website www.plancommunityparks.com. The survey was launched in English and Spanish and City staff help market and promote the survey to the broader community. The survey was live from August 2 -September 4, 2021 and had a total of 1, 171 responses which is an exceptionally high response rate. 7 of 60 2 6.00pm - 7.00pm PST
January 18, 2022, Item #15I POWAY COMMUNITY PARK NEEDS ASSESSMENT 1.4 RECOMMENDATIONS Based on an iterative visioning process with staff combined with the community input, benchmarking, and analysis of recreational trends, the Consulting Team identified the following considerations and top priorities. 1-4-1 CONSIDERATIONS: UPDATE EXISTING AMENITIES The following considerations are tied to updating already existing facilities and/or amenities: 1. Add additional trees and/or shade structures to areas including, but not necessarily limited to: • Tot lots • The Splash Pad • Grass areas • Baseball field areas • Parking lots 2. Improve Signage (Directional/Wayfinding and Informational): • Entrance (e.g., archway, on entry fences/walls) • Amenities • Facilities and Rooms • Trail Information and Mile Markers • Parking 3. Connect Pedestrian loops (e.g., bridges, circle paths) and bicycle paths and enhance ADA accessibility 4. Upgrade/add play structures for all-abilities playgrounds 5. Increase park visibility and safety lighting in and around the park (e.g., reduce fencing, relocate operational yards) 1.4.2 CONSIDERATJONS: NEW AMENITIES The following considerations are for potential new amenities that could be added to Community Park: 1. Add outdoor adventure elements 2. Add dedicated pickleball courts 3. Add restroom by northerly play area 4. Introduce interpretive learning and art opportunities and creek renovation to activate the creek 5. Provide fitness equipment / exercise stations along the trail 1.4.3 CONSIDERATIONS: OPERATIONS These considerations are going to be tied to the operations or processes of the City. 1. Invest in additional marketing to create greater awareness of park offerings 2. Focus on maintenance Improvements • Enhance existing landscape • Relocate maintenance yard • Add dedicated staff / contract support 3. Ensure consistency in branding and aesthetics 4. Determine consistent hours of operations 8 of 60 3 pros~,';> consuttiQg
January 18, 2022, Item #15CITY OF POWAY 5. Utilize technology to enhance the user experience • Wi-Fi in park • App for accessible maps / parking counts / workout trackers etc. 1.4-4 TOP PRIORITIES 1. Shade (shade structures/sails and trees) -Create more shaded areas around the park and trails as well as around amenities where people congregate. 2. Accessible Trails and Connectivity -Connect pedestrian loops and make the trails more universally accessible. Provide bike access through the park with adequate bicycle parking. 3. Signage and Park Visibility -Enhance visibility (e.g., reduce tennis court fencing, relocate operational yard) and signage into and throughout the park, for awareness, directional, and educational purposes. 4. Park Amenities and All-Abilities Playground -Improve play areas to include all-abilities playgrounds and introduce pickleball and adventure amenities such as zip-lines, obstacle courses etc. to expand the park's usability. 5. Additional Resources for Awareness and Maintenance (Staff and/or Contract Support) -Invest additional resources to keep up with the park maintenance as additional amenities are added; also grow marketing and communication efforts to create greater awareness about the offerings particularly at the community recreation center (e.g., website App). 1.5 CONCLUSION This Assessment is meant to be a needs assessment as the City continues to plan its future to meet the needs of its growing and very engaged population. As the area grows, Community Park will require a higher level of service for indoor and outdoor offerings while creating enjoyable, safe spaces for community members of all ages, abilities, and backgrounds to recreate comfortably. City leadership can take this Assessment into consideration for future CIP projects and/or consider funding for specific park designs and/or a park master plan. The City's staff is a group of passionate, skilled professionals, and their dedication to the community's well-being is apparent. The Consulting Team is confident that staff in conjunction with the City's leadership will do everything in their power to ensure Community Park meets the needs of the Poway community in the years to come. 9 of 60 4
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT CHAPTER TWO -PUBLIC OUTREACH AND ENGAGEMENT The planning process incorporated input from City key leaders, stakeholders and residents through a variety of mediums. This included: • Series of key leader and stakeholder interviews and focus user group discussions • Two (2) virtual public meetings • Key leader site tour • An online survey • Crowd-sourcing project website www.plancommunitypark.com. The public outreach program included a designated website (plancommunitypark.com) with information about community park, key findings, and ways to participate (e.g., notification sign-ups, comment cards, forthcoming surveys, and public meetings). The outreach for surveys and public meetings included: 1. Notifications on the City website and the PlanCommunityPark.com website 2. A banner image on the homepage directing potential participants to the PlanCommunityPark.com page 3. Postings on most of our social media channels (e.g., Nextdoor, Facebook, Twitter, and lnstagram) 4. Electronic email notifications (Eblast) to 14,516 recipients 5. Direct notice to interested registrants and prior stakeholder, user group, and public meeting participants using a consolidated list 6. Posters at Community Park in English and Spanish 7. Flyers for PeachJar (Poway Unified School District email list) distribution 8. Flyers that Community Park staff to hand out at the Summer Movies in the Park event 9. Printed Surveys provided at Cafagna Center in English and Spanish The following sections summarize and highlight the key findings from each stage of the extensive public input process. These mediums helped engage 1300+ participants representing a broad cross section of interests Citywide. 10 of 60 5 pros~,';> consulf i[)g
January 18, 2022, Item #15CITY OF POWAY 2.1 KEY STAKEHOLDER AND USER GROUPS SUMMARY Over the course of three days in 2021, the consulting team convened the following groups to gain insight into the current strengths, opportunities and priorities for Community Park, and to better understand future recreational needs of its users. I Stakeholders and User Groups City of Poway Parks and Recreation Advisory Committee Poway City Council Trail Advisory Board Poway Valley Senior Citizen Corporation SD Skate Life Board of Directors Valley Elementary Poway Sports Association Note: The Stakeholder and User Group list above excludes recreational instructors and organizational representatives (e.g., baseball, tennis, soccer, lacrosse, flag football, rugby, dog trainer, water aerobics, swim) and reserve park rangers who also participated. Invitees included Poway Kiwanis, Poway Rotary Club, Poway Bocce Club, Poway Library, Poway Boys & Girls Club, Pacific Swim, and Poway Unified School District representatives. 2.1.1 STRENGTHS Based on feedback from key stakeholder and user group interviews, common themes arose in many conversations related to the strengths of Community Park. These themes included the knowledge and quality of City of Poway staff, the facilities / amenities, overall aesthetics, and the variety of activities provided at Community Park. STAFF Stakeholders noted that staff's knowledge, service and passion contributed greatly towards providing an exceptional user experience. Many stakeholders highlighted the exemplary service and communication provided by staff. Others stated that quality leadership played a key role in high employee morale, noting the passion and Figure 1: Word Cloud of all comments collected for "strengths" enthusiasm of City employees. Sentiments shared regarding the strengths of staff include: • "Communicative and professional" • Customer service by staff including the recreation supervisor at Community Park • Highly organized 11 of 60 6
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT • Staff addresses issues that are brought forward and stay current on community's needs FACILITIES AND AMENITIES Community Park offers a diverse array of amenities and facilities, with activities for all ages. Many see the park as a resource that reflects a sense of community and brings people together. Stakeholders are generally supportive of the facilities and amenities at Community Park and mentioned the following components contributing to the park's uniqueness: • "Beautiful pool" • "Best dog park in San Diego area" • Baseball fields • New Community Center • Picnic areas • Playgrounds • Skateboard Park • Tennis courts • Walking paths, trails, and pathways OVERALL AESTHETICS Many stakeholders communicated their appreciation of the overall aesthetics and layout of Community Park. Residents enjoy the space and natural beauty the park provides and appreciate the effort put forth to maintain it. Comments and specifics mentioned by stakeholders regarding the aesthetics and layout of Community Park include: • "Flagship of our park system" • "Keep the Creek -inspires a lot of play and kids really enjoy it" • "Love the pathways in the park and how they look" • "Picturesque, pretty and attractive" • Built in a way to attract more people • Facilities are generally clean and taken care of • Family Friendly • Improved view corridors • Location • Nice open space • Park accessible from multiple sides • Park maintenance • Spacious • Trees • Walkability VARIETY OF ACTIVITIES The vast amount of recreation options was continuously mentioned as a strength in the focus groups. Stakeholders praised the variety of programs, services, and opportunities available to users of all ages. Highlights of their comments include: • "Diverse recreation opportunities" 12 of 60 7 pros-;,';> consulti[lg
January 18, 2022, Item #15CITY OF POWAY • Activities for low-income families • Adventure Playground • Events and Activities • Great programs including senior programs • Mix of uses • Offerings for kids / teens (kids / teen hang out) with opportunities to hang out and make new friends • Summer programs • Wide variety of activities 2.1.2 OPPORTUNITIES Stakeholder and user groups shared their perspectives on the opportunities that could impact the future of Community Park. Opportunities that were listed include parking, public awareness of the park, shade, park layout, and the accessibility and connectivity of Community Park. PARKING The most mentioned opportunity in the focus group and key stakeholder meetings were concerns with the parking. Stakeholders would like to see improvements made to not only to the amount of parking, but to the layout and lighting of the existing lots. Recommendations and comments tied to parking that were provided by stakeholders include: Figure 2: Word Cloud of all comments collected for "opportunities" • "Need more parking especially with some parking areas taken over with new condo development" • Current parking area design and two separate lots being connected is a little confusing • No parking available during tournaments • Poor lighting in the parking lot • Use Boys and Girls Club for parking • Add directional signage to available parking areas PUBLIC AWARENESS Stakeholders stated concerns stated about portions of the population that are unaware of Community Park's facilities, amenities, services, programs, and even the location. Many attendees value the park and want others to be aware of and support the City's efforts. The following ideas and comments to increase the awareness of Community Park included: • "Need ways to make folks more interested in using the park" • "Not much community awareness" • Communication and outreach • Community awareness of park 13 of 60 8
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT • Senior center signage much better than community signage • Wayfinding and Directional Signage • Social Media • Would like an app to track usage SHADE Many stakeholders mentioned the lack of shade as a major concern. The lack of trees and shade structures, especially around high use park amenities, combined with the warm climate has a negative impact on users' enjoyment of the park. Focus groups mentioned the following in regards to the shade at Community Park: • "Better shade for the parking area and vehicles too would be helpful" • "Lack of shade an issue" • Benches with shade • Increased availability of shaded spaces • More shade structures especially around Dog Park and play areas • More shade trees LAYOUT Stakeholders verbalized opportunities within the layout of Community Park. Concerns included space allocation, restroom placement, the park's "first impression", and how areas are utilized. Specific comments and recommendations included: • Closer entrance • Creek serves as natural dividing line between park • Need restrooms on northwest corner • Need walking paths around fields and the park • Public works yard "unsightly" • Space adjustment due to development • Tennis court placement • Additional recreational facilities (e.g., pickleball courts, accessible and inclusive playground equipment, and multi-generational facilities and amenities) Some creative ideas for a new layout included an American Ninja course, batting cages, a BMX pump track, a beginner skate park, a roller skate rink, volleyball courts, water features, trail markers, a walking loop around the park, workout stations, a maze, Wifi-stations, indoor play stations for teens and adults, disc golf, swing and climbing logs, zip lines, ping pong tables, bbq grills, a pedestrian bridge from Oak Knoll Rd to dog park, wayfinding signs, monitoring surveillance systems, joint-use facilities, and a parking lot reconfiguration. ACCESSIBILITY AND CONNECTIVITY Stakeholders had multiple concerns with the accessibility and connectivity of Community Park. "Accessibility" in terms of individuals ability to utilize the park and all its' amenities and connectivity in its' ability to connect users with other parts of the City. 14 of 60 9 prosi,';> consutti[)g
January 18, 2022, Item #15CITY OF POWAY The City's ability to keep up with the growth and expanding needs of the community, while remaining accessible to all, were consistent themes. As provided by stakeholders, recommendations and comments for consideration regarding the accessibility and connectivity of Community Park include: • Accessibility for Dog Park • Concern with entrance from creek bed pathway • Create loop around park with mile markers • Disconnect between north and south side of park • Need to look for ways to "open things up" • Park, specifically the playground, is not inviting • Poor access from Poway Road • More trails and trail enhancements 2.1.3 TOP PRIORITY Stakeholders and user groups shared many priorities to enhance Community Park. Those themes that were mentioned the most were improvements to the park entrance / first impression, better trails and connectivity, maintaining usable open space, and adding recreational facilities and shade. PARK ENTRANCE / FIRST IMPRESSION Multiple stakeholders and user groups mentioned Community Park's entrance as a top priority. They would like to see the entrance be more open with better sightlines and believe it would improve the first impression of the park. Many park facilities need to be rehabilitated and enhanced landscape and maintenance were recommended to be prioritized. TRAILS & CONNECTIVITY Figure 3: Word Cloud of all comments collected for "top priorities" More trails and better connectivity throughout the park was another top priority. Participants mentioned wanting more trails, pathways, and walking paths as well as better connectivity to the natural areas. Wayfinding and directional signage and mile markers were also be recommended to be prioritized. OPEN SPACE Stakeholders and user groups were interested in ensuring that there is plenty of open space available at Community Park. They would like to see more space available for unstructured or free activities that allow users to enjoy the natural beauty of the park. RECREATIONAL FACILITIES Many participants wanted to see the addition of recreational facilities including pickleball courts, accessible and inclusive playground equipment, and multi-generational facilities and amenities. 15 of 60 10
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT SHADE More shade was a top priority for many stakeholders. They would like to see both shade structures and more trees to make visiting the park more enjoyable. 2.2 PUBLIC INPUT MEETINGS In tandem with the stakeholder and user group interviews, the consulting team also hosted 2 (two) virtual public input meetings designed to further engage residents of the City. The public input meetings spanned two days and provided attendees with a presentation of the project, process, initial demographic findings, as well as an opportunity for residents to off er feedback on the parks system through live polling via Zoom. Throughout the presentation, attendees asked questions and shared feedback to identify the strengths, opportunities, and top priorities they see and envision for Community Park. Close to 30 participants, representing a variety of interests, participated in the public meetings. Each public input meeting is combined and summarized in the following sections that include the live polling, combined results to each question asked, and summarized open discussion of the public input. Both of these meetings were done virtually. LIVE POLLING One key approach for soliciting feedback from June 8, 2021 Virtual Public Meeting #1 -COMPLETED 6.00pm -7.00pm PST June 9, 2021 Virtual Public Meeting #2 -COMPLETED 6.00pm -7.00pm PST attendees of the public forum was through live polling of the audience. Using the responses to focus group and key leadership interview questions, the consulting team developed questions within a PowerPoint presentation to gain an understanding of park needs, barriers to participation, communication preferences and others. 16 of 60 11 pros~';> consultiQg
January 18, 2022, Item #15CITY OF POWAY 2.2.1 LIVE POLLING RESULTS This exercise was facilitated using a live polling software that allowed for attendees to share their input in real-time during the meeting. These results were then displayed to the attendees immediately after all the respondents had provided their input. The following is a synopsis of the demographics who participated, and some key findings. The full results are shown in Appendix D and E. • • • • ~ t f Gender: Age: Zip Code: 57%-Female 50% -Ages 55-74 85%-92064 40%-Male 34% -Ages 35-54 15% -92128 3% -Prefer not to answer 11% -Ages 75 + 5% -Ages 18-34 Regularly used amenities: 71% -Trails and pathways st imp a t im rovements: 62% -Expand walking paths/trails 52% -More shade structures/trees 48% -Playground 33% -Dog Park 52% -Innovative, all ability playgrounds 17 of 60 12 -••• IIIIIIP'"-~ Participation: 66%-Alone 29% -One other person 3% -Two other people 2% -Three or more people Preferred communication 55% -Poway Chieftain 45% -Facebook 45%-Email
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT 2.3 ELECTRONIC SURVEY 2.3.1 METHODOLOGY The consulting team conducted an online survey (powered by SurveyMonkey) to gain a better understanding of the characteristics, preferences, and satisfaction levels of Community Park users and stakeholders. The survey was open for approximately three weeks, from August 12th through September 4th, 2021, and received a total of 1,171 responses, which speaks to an exceptional participation rate among the community. This was one of the highest response rates per capita witnessed amongst similar surveys. 2.3.2 FINDINGS Q1: WHEN DO YOU OR ANY MEMBER OF YOUR HOUSEHOLD TYPICALLY VISIT COMMUNITY PARK? (SELECT ALL THAT APPLY) Weekend afternoons (40%) and weekend mornings (38%) were the most popular times to visit Community Park indicated by respondents. Weekday usage was very evenly distributed between mornings (30%), afternoons (31%), and evenings (31%). Sixteen percent (16%) of those surveyed indicated they do not use Community Park. Park Visitation 18 of 60 13 ■ Weekday mornings ■ Weekday afternoons ■ Weekday evenings ■ Weekend mornings ■ Weekend afternoons ■ Weekend evenings ■ I do not use Community Park pros-;,';> consulti[)g
January 18, 2022, Item #15CITY OF POWAY Q2: WHO DO YOU USUALLY GO TO THE COMMUNITY PARK WITH: (SELECT ALL THAT APPLY) Over half of survey participants indicated they visit Community Park with kids (54%) or other family members (50%). About one in four (26%) visit the park alone. Who You Visit With ■ Kids ■ Other family members ■ Friends ■ Alone ■ Sports Teams ■■ ■ Other (please specify) Q3: HOW LONG, ON AVERAGE, DO YOU STAY AT COMMUNITY PARK WHEN YOU VISIT? Only 19 percent stated that they stay less than an hour while a majority (61 %) spend between 1 to 2 hours when they visit Community Park. Length of Stay ■ Less than one hour ■ 1-2 hours ■ 2-4 hours ■ 4-6 hours ■ More than 6 hours 19 of 60 14
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT Q4: PEOPLE USE COMMUNITY PARK IN MANY DIFFERENT WAYS. PLEASE INDICATE IF YOU OR ANY MEMBER OF YOUR HOUSEHOLD USE ANY OF THE FOLLOWING AMENITIES AND/OR FUNCTIONS OF COMMUNITY PARK REGULARLY BY SELECTING EITHER "YES" OR "NO". Trails and pathways (78%) are the most used amenity by survey respondents and any member of their household followed by playground (68%), swim center (68%), and open space for children to play (66%). Amenity Use -"Yes" Trails and pathways (paved, unpaved, etc.) Playground Swim center Open space for children to play Exercise on your own Dog park Picnic areas Open space for passive recreation Large community events Community center Recreation classes or camps Swim programs Youth programs (e.g., Kids Night Out, In The Park Series) Tennis courts Skate park Meeting new people Athletic multi-use field (e.g., soccer, rugby, lacrosse, football) Basketball court Baseball fields Older adult programs and services (e.g., Line Dancing, Feeling Fit, Mahjong) 45% 40% 34% 30% 28% 25% 24% 24% 18% 18% 16% Private outdoor rental space --11% Bocce courts -11% Pickleball court (overlayed on basketball court) -10% Private indoor rental space -9% Teen programs (e.g., Teen Program Series, Teen Volunteer Program) -9% 20 of 60 15 68% 68% 66% 64% 61% 60% 57% 56% 78% pros-;,';> consultiQg
January 18, 2022, Item #15I CITY OF POWA V IF "YES," PLEASE RATE THE OVERALL QUALITY Community center (46%) received the highest percentage of "excellent" votes from respondents who have utilized the amenity. The swim center was next at forty-two (42%). The only amenity with a percentage of "poor" responses over nine percent was the baseball fields (29%), however, they were only indicated to be used by eighteen percent (18%) of respondents. If Yes, Rate Overall Quality Trails and pathways (paved, unpaved, etc.) Playground Swim center Open space for children to play Exercise on your own Dog park Picnic areas Open space for passive recreation Large community events Community center Recreation classes or camps Swim programs Youth programs (e.g., Kids Night Out, In The Park Series) Tennis courts Skate park Meeting new people Athletic multi-use field (e.g., soccer, rugby, lacrosse, football) Basketball court Baseball fields Older adult programs and services (e.g., Line Dancing, Feeling Fit, Mahjong) Private outdoor rental space Bocce courts Pickleball court (overlayed on basketball court) Private indoor rental space Teen programs (e.g., Teen Program Series, Teen Volunteer Program) 21% 53% 22%-42% 49% 22% 57% -19%1 19% 56% 23%~iv: 15% 53% 10% 43% 41% "6% 21% 51% 25%-25% 61% 14%1 46% 38% ■14%■ 34% 55% l0%1 42% 49% 9% 35% 57% 7% % 62% 27%-.-5% 20% 55% •11% ,' 7% 15% 52% 32% 10% 35% 26% -29% 27% 46% •20% .. 7% 8% 67% 21% 5% 13% 47% 7% 40% 32% 53% 1-12% , ■ Excellent ■ Good ■ Fair ■ Poor 21 of 60 16
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT Q5: WHICH FOUR OF THESE AMENITIES AND/OR FUNCTIONS ARE THE MOST IMPORTANT TO YOUR HOUSEHOLD? Swim center (271 top four selections) was mentioned the most as a top four important amenity or program, even though it received the third most "1st choice" votes (93). Dog park (244 top four selections) received the most "pt choice" votes (113), and Playground was selected as the "1st choice" 107 times. Most Important Amenity/ Program Swim center Dog park Playground Trails and pathways (paved, unpaved, etc.) Open space for children to play Open space for passive recreation Exercise on your own Picnic areas Large community events Community center Recreation classes or camps Athletic multi-use field (e.g., soccer, rugby, lacrosse, football) Tennis courts Older adult programs and services (e.g., Line Dancing, Feeling Fit, Mahjong) Skate park Baseball fields Swim programs Youth programs (e.g., Kids Night Out, In The Park Series) Pickleball court (overlayed on basketball court) Basketball court Teen programs (e.g., Teen Program Series, Teen Volunteer Program) Meeting new people Bocce courts Private indoor rental space Private outdoor rental space ■ 1st Choice ■ 2nd Choice 22 of 60 17 26 25 24 86 79 6 6 70 8 6 122 99 3rd Choice ■ 4th Choice 163 145 207 244 240 37 271 pros~,';> consuttiQg
January 18, 2022, Item #15CITY OF POWAY Q6: HOW OFTEN DO YOU OR ANY MEMBER OF YOUR HOUSEHOLD USE THE FOLLOWING FACILITIES AT COMMUNITY PARK? Trails and pathways are the most often used facility on a daily (14%) and weekly (27%) basis by survey respondents. Those facilities with the highest percentage of "I do not use" selections were Boys and Girls Club (96%), bocce courts (88%), rooms/halls for rent (87%), and pickleball court (87%), though it must be noted that the current pickleball courts are overlaid on the basketball court (as noted in the choices) and many respondents were not aware the pickleball courts existed. Frequency of Use Athletic multi-use field (e.g., soccer, rugby, lacrosse, football) Baseball fields Basketball court Bocce courts Boys and Girls Club (operated by the Boys and Girls Club of San Diego County) Community center Dog park Pickleball court (overlayed on basketball court) Picnic areas Playgrounds Rooms/halls for classes and/or programs Rooms/halls for rent Skate park Swim center Tennis courts Trails and pathways (paved and unpaved) 9°0 • •· 73% 0 0 0 76% I • 88% ll 96% 0o O 17° 0 1 53% % 17% u O ' 0 0 ~':l 43% I -■ 87% 19% •1 %~ 1 ° 1 ° ~ 32% I O '.:! 87% 0 0 %• 75% 14% 10% 13% 17% 11%1· 30% o o 00 o %l 71% ■ Daily ■ Weekly ■ Monthly ■ At least six times per year ■ Two to five times per year Once per year or less ■ I do not use 23 of 60 18
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT Q7: PLEASE CHECK ALL OF THE FOLLOWING REASONS THAT PREVENT YOU OR OTHER MEMBERS OF YOUR HOUSEHOLD FROM USING COMMUNITY PARK MORE OFTEN. (PRE-COVID-19 PANDEMIC) "I am too busy" (37%) was the most mentioned barrier as to why respondents or other members of their household do not use Community Park more often. "I do not know what is offered" (34%), "lack of shade" (29%) and "use of other parks" (25%) were the other options selected by at least one in four participants. Barriers I am too busy I do not know what is being offered Lack of shade Use other parks Lack of parking Lack of amenities in park Lack of restrooms Park does not have right equipment (features/facilities) Facilities operating hours not convenient Too busy/crowded Too far from residence Park is not well maintained Lack of programming I do not feel safe Lack of open space 18% 15% 14% 11% 10% 10% 10% 8% 7% 7% 6% Too expensive -4% Poor signage/direction -4% I do not feel welcome • 2% Other (please specify) 12% 24 of 60 19 29% 25% 37% 34% prosi,';> consulf i!)g
January 18, 2022, Item #15CITY OF POWAY QB: PLEASE RATE YOUR LEVEL OF SATISFACTION WITH THE MANAGEMENT / OPERATIONS OF COMMUNITY PARK? Over sixty-one percent (61 %) of those surveyed were "satisfied" or "very satisfied" with the management/operations of Community Park. Only seven percent (7%) of respondents indicated a level of dissatisfaction. Satisfaction Level -Management/Operations 1% ■ Very satisfied ■ Satisfied No opinion ■ Dissatisfied ■ Very dissatisfied Q9: PLEASE RATE YOUR LEVEL OF SATISFACTION WITH THE MAINTENANCE OF COMMUNITY PARK? In terms of park maintenance, over seventy percent (70%) of respondents indicated they were "satisfied" of very satisfied" with the work done by staff. Less than one out of every ten surveyed selected the dissatisfied at some level. 25 of 60 Satisfaction Level -Maintenance 1% 20 ■ Very satisfied ■ Satisfied ■ No opinion ■ Dissatisfied ■ Very dissatisfied
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT Q10: HOW WOULD YOU RATE THE CURRENT LEVEL OF OVERALL SECURITY AND PUBLIC SAFETY FOR USERS OF FACILITIES OR PROGRAMS (ON A SCALE OF 1 TO 5, WITH 5 BEING "FEEL VERY SAFE" AND 1 BEING "DO NOT FEEL SAFE AT ALL")? "Feel safe most of the time" (43%) and "feel very safe" (32%) were the most selected option by respondents in terms of how safe they feel at Community Park. Only one percent (1%) indicated they "do not feel safe at all." 26 of 60 User Security/Safety 1% 21 ■ Feel very safe ■ Feel safe most of the time ■ Neutral ■ Sometimes feel unsafe ■ Do not feel safe at all pros-;,';> consuttiQg
January 18, 2022, Item #15CITY OF POWAY Q11: PLEASE INDICATE THE LEVEL OF IMPORTANCE FOR THE CITY OF POWAY TO PROVIDE OR IMPROVE THE FOLLOWING AMENITY TO COMMUNITY PARK OVER THE NEXT 10 YEARS. "More trees/vegetation" (45%) and "more shade structures" (43%) received the highest percentage of "very important" responses from those surveyed when asked to indicate the level of importance of amenities for Community Park for the next 10 years. This emulates what we heard in the public input process in which the community wants more shade. "Improve/expand walking/biking paths, loop trails, and/or trial markers" (42%) and "improve safety measures (lighting, cameras, patrol, etc.)" (40%) were the other amenities in which at least two out of five respondents deemed "very important." Proposed Action Support More trees/vegetation More shade structures Improve/expand walking/biking paths, loop trails, and/or trail markers Improve safety measures (lighting, cameras, patrol, etc.) Enhance creek area Improve/expand restroom facilities Add innovative all abilities playgrounds Add adventure amenities (obstacle course, rock wall, swing and climbing logs, maze, etc.) Enhance outdoor space for events More parking ....u~ ~ 27 of 60 Improve ADA accessibility ---♦~ Improve/expand open space Improve picnic/outdoor cooking areas ---1~ Add outdoor amphitheater/stage ..-,iw Improve/expand dog park -1 ·. Add indoor fitness facilities (gym, studio, etc.) lllllrt"~ Improve park entrance and "first impression" _..-; · . Improve signage (wayfinding and directional signage and place signage) Ila{~. Provide Wi-Fi access Add outdoor fitness equipment ~ Add BMX pump track Build or upgrade existing baseball/softball fields Add roller skating park/rink Add pickleball courts Add disc golf course Upgrade existing tennis courts Improve/expand indoor space for events Improve/expand skatepark 111:~:I. ••0•1111::::::::::,.~~ Add artificia I turf field Add sand volleyball courts •;Wi Upgrade existing basketball courts Improve/expand indoor gaming and media stations and social areas Add outdoor ping pong table(s) Upgrade existing football/soccer field Add outdoor chess table(s) More loading zones ■ Very important ■ Somewhat important 22 i: .. Not sure ■ Not important w.;. )ffl, Uil"tl -~ \VAi l'i~ •il"111 ::::::lT~. w..-=~ ffr:1111111 v.Blii:lil-fjl"/.111111 C:::11-~'..l:~ :ffl ~~iilll-11'1::V.-... ,:·.
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT Q12: WHICH FOUR OF THESE IMPROVEMENTS ARE THE MOST IMPORTANT FOR THE CITY TO ADD/EXPAND/RENOVATE (RANK IN ORDER 1 TO 4 WHERE 1ST IS MOST IMPORTANT)? Survey respondents indicated that the most important improvements for the City to add, expand, and/or renovate were "add adventure amenities" (206 votes), improve and/or expand walking and biking paths, loop trail, and/ or trail markers (194 votes), and "improve safety measures" (169 votes). Most Important Improvements Add adventure amenities {obstacle course, rock wall, swing and climbing logs, maze, etc.) --------------•====---206 28 of 60 Improve/expand walking/biking paths, loop trails, and/or trail markers 194 Improve safety measures {lighting, cameras, patrol, etc.) 169 Enhance creek area -------IC====---•155 More shade structures 148 More trees/vegetation 123 Add outdoor amphitheater/stage •------=:====--• 123 Add innovative all abilities playgrounds 115 Improve/expand dog park 112 Add BMX pump track ---------=:::::I-107 Improve/expand restroom facilities 98 More parking 96 Add indoor fitness facilities {gym, studio, etc.) •----r.::::::a-86 Improve picnic/outdoor cooking areas 82 Add pickleball courts 80 Add disc golf course 77 Improve ADA accessibility 68 Add outdoor fitness equipment 67 Improve/expand open space -••==::1111■ 66 Add roller skating park/rink 60 Enhance outdoor space for events 59 Build or upgrade existing baseball/softball fields 52 Upgrade existing tennis courts 46 Add sand volleyball courts 44 Improve park entrance and "first impression" 43 Add artificial turf field 42 Improve/expand skatepark •1111:=:1• 40 Provide Wi-Fi access 39 Improve signage {wayfinding and directional signage and place signage) 26 Add outdoor ping pong table(s) 21 Add outdoor chess table(s) 19 Improve/expand indoor space for events 15 Upgrade existing football/soccer field 12 Upgrade existing basketball courts 11 Improve/expand indoor gaming and media stations and social areas 11 More loading zones 1117 ■ 1st Choice ■ 2nd Choice 3rd Choice ■ 4th Choice 23 pros-;',-> consuttif)g
January 18, 2022, Item #15I CITY OF POWA V Q13: THE CITY OF POWAY IS COMMITTED TO ENSURING THEIR PARKS ARE INCLUSIVE AND ACCESSIBLE. DO ANY MEMBERS OF YOUR HOUSEHOLD HAVE A DISABILITY AS DEFINED BY THE AMERICANS WITH DISABILITIES ACT (ADA)? Fifteen percent (15%) of survey respondents indicated a member of their family has a disability as defined by the Americans with Disability Act (ADA). Households Members with a Disability ■ Yes ■ No Q14: IF YES WAS INDICATED FOR Q13, WHAT TYPE OF ACCOMMODATION IS NEEDED TO SERVE INDIVIDUALS WITH DISABILITIES IN YOUR HOUSEHOLD (PLEASE CHECK ALL THAT APPLY)? "More accessible walkways and pathways" (77%) was by far the most selected accommodation to serve those with disabilities. Accommodation Needs More accessible walkways and pathways 77% Adaptive playground equipment -23% Additional staff • 7% Sign language interpretation • 7% Non-verbal assistance (Braille) I 2% Other (please specify) 29% 29 of 60 24
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT Q15: IF YES WAS INDICATED FOR Q13, WHAT TYPES OF PROGRAMS ARE DESIRED TO SERVE INDIVIDUALS WITH DISABILITIES IN YOUR HOUSEHOLD (PLEASE CHECK ALL THAT APPLY)? Of the options given, "social activities" (29%) were the most selected desired program to serve individuals with disabilities, followed closely by "outdoor adventure program" (28%) and "arts & crafts" (27%). Prefer not to answer Social activities (dances, etc.) Outdoor adventure programs Arts & Crafts Organized sports Other (please specify) 30 of 60 Programs Desired 21% 20% 25 34% 29% 28% 27% pros~,';> consulting
January 18, 2022, Item #15CITY OF POWAY 2.3.3 DEMOGRAPHICS Q16: USING THE MAP OF THE CITY AS A GUIDE, WHICH PART OF POWAY DO YOU CURRENTLY LIVE IN? While the smallest in size, Area 2 (37%) was the most represented area in the online survey. Respondent Location Area 1 (generally, north of Twin Peaks Road/Poway Road) Area 2 (generally, south of Twin Peaks Road, west of Community Road) Area 3 (generally, south of Poway Road, east of Community Road) Not applicable Prefer not to answer 31 of 60 26 24% 34% 37%
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT Q17: COUNTING YOURSELF, HOW MANY PEOPLE IN YOUR HOUSEHOLD ARE AGES ... (INDICATED BELOW)? When compared to 2020 demographics, we see online survey participants (households) were overrepresented substantially in the 0-17 age group and slightly over in 35-54. This indicates a larger than City average amount of families with children filled out the survey. Population by Age Segment ■ 0-17 years: ■ 18-34 years: 7% 27% 26% 19% 21% 2020 Demographics Q18: WHAT IS YOUR AGE (IN YEARS)? The average age of survey respondents was 51, the median age was 48. The youngest respondent was 13 and the oldest was 87. 32 of 60 35-54 years: ■ 55-74 years: ■ 75+: 27 23% Online Survey Results Respondents Age 4% ■ 0-17 ■ 18-34 ■ 35-54 ■ 55-74 ■ 75+ pros~,';> consultiQg
January 18, 2022, Item #15CITY OF POWAY Q19: HOW LONG HAVE YOU LIVED IN POWAY (IN YEARS)? Nearly half (46%) of survey respondents have lived in Poway for over 20 years, with the longest recorded tenure being 66 years. The average length of residence was 19 years. The median of respondents was 17. Years in Poway Q20: YOUR GENDER: Females made up 55 percent of the survey respondents. 33 of 60 Gender 0% 28 ■ Female ■ Male ■ 0-2 • 3-9 10-19 • 20+ ■ Prefer not to answer ■ Prefer to self describe
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT Q21: WHAT IS YOUR HOUSEHOLD INCOME? With one in four respondents choosing not to answer, $150,000+ (38%) was the largest household income demographic selected by survey participants. Less than one percent claimed under $30,000 a year. Household Income 1% ■ Under $30,000 ■ Between $30,000 and $59,999 ■ Between $60,000 and $89,999 ■ Between $90,000 and $119,999 ■ Between $120,000 and $149,000 ■ Over $150,000 ■ Prefer not to answer Q22: WHICH OF THE FOLLOWING BEST DESCRIBES YOUR RACE/ETHNICITY [CHECK ALL THAT APPLY]? "White/Caucasian" (72%) was the most represented race by those that filled out the survey followed by "Asian/Pacific Islander" (11%), which is in line with demographic data for the City. 34 of 60 Respondent Race/Etnicity White/Caucasian 72% Asian/Pacific Islander 11% Hispanic -5% Native American I 1% Black/African American I 1% Prefer not to answer 15% Other (please specify) I 3% 29 pros-;,';> consulti,0g
January 18, 2022, Item #15CITY OF POWAY Q23: PLEASE INDICATE HOW YOU OR ANY MEMBER OF YOUR HOUSEHOLD TRAVEL TO COMMUNITY PARK BY SELECTING EITHER "YES" OR "NO." Nearly all survey respondents utilize a car (97%) to travel to Community Park. A little more than half walk (52%), forty-four percent (44%) bike, and two percent (2%) use the bus. Travel Modes 2% IF YES TO Q23 PLEASE LET US KNOW HOW LONG IT TAKES. • Car •Walk ■ Bike • MTS Bus stop located at Ii bra ry Of those who walk to Community Park, only forty percent (40%) live within a 10-minute walk. Seventy-one percent (71 %) of those who drive take 10 minutes or less to get to Community Park. Travel Time Car 30% 41% Walk 17% 23% 17 32% 12% Bike 22% 25% 27% 23% MTS Bus stop located at library 25% 50% 25% ■ Up to 5 minutes ■ 6-10 minutes 11-15 minutes ■ 16-30 minutes ■ Over 30 minutes 35 of 60 30
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT Q24: HOW WOULD MEMBERS OF YOUR HOUSEHOLD PREFER TO RECEIVE INFORMATION ABOUT FUTURE POWAY COMMUNITY PARK PROGRAMS AND SERVICES (PLEASE CHECK ALL THAT APPLY)? In terms of preferred ways to receive information about future Community Park programs and services, Email newsletter (64%) was the top selection by respondents and was the only one selected by more than half of those surveyed. Word of mouth (10%), posters and announcements (12%), and lnstagram (13%) were the least popular options. Preferred Marketing Methods Email newsletter Poway Chieftain Poway website Direct mailing notices from the City 35% City of Poway Community Services Guide 34% Facebook 24% Nextdoor 23% lnstagram 13% Posters and announcements 12% Word of mouth 10% Other (please specify) ■ 2% 36 of 60 31 42% 41% 64% pros-;,';> consulf i[Jg
January 18, 2022, Item #15CITY OF POWAY 2.4 WEBSITE ANALYTICS From June 1, 2021 through December 1, 2021, www.plancommunitypark.com engaged almost 1500 users who accounted for close to 3,500 pageviews in less than 6 months. • Users 200 100 Users 1,493 Jun 2021 at L. ___ _ Number of Sessions per User Avg. Session Duration 00:01 :24 l I • 37 of 60 July 2021 New Users 1,492 __,.,J. L. Pageviews 3,441 ~ Bounce Rate 69.45% ~ ~ Aug,1st 2021 September 202 I Sessions Pages/ Session 1.81 ~ 32 ~ October 2021 November 202.1 ■ New Visitor ■ Returning Visitor
January 18, 2022, Item #15I POWAY COMMUNITY PARK NEEDS ASSESSMENT CHAPTER THREE -RECREATION TRENDS AND BENCHMARKING 3.1 RECREATION TRENDS The Trends Analysis provides an understanding of national, and local recreational trends. Trends data used for this analysis was obtained from Sports & Fitness Industry Association's ("SFIA"), National Recreation and Park Association ("NRPA"), and Environmental Systems Research Institute ("ESRI"). All trends' data is based on current and/or historical participation rates and, while it may not all be relevant to a specific site, will shed some insights on future trends that will impact recreation offerings at Community Park. 3.1.1 LOCAL SPORT' AND LEISURE MARKET POTENTIAL The following charts show sport and leisure market potential data for City of Poway residents, as provided by ESRI. Market Potential Index (MPI) measures the probable demand for a product or service within a defined service area. The MPI shows the likelihood that an adult resident will participate in certain activities when compared to the U.S. national average. The national average is 100; therefore, numbers below 100 would represent lower than average participation rates (lower demand), and numbers above 100 would represent above average participation rates (higher demand). For example, an index of 120 implies that demand in the area is likely to be 20 percent higher than the US average; an index of 85 implies a demand that is 15 percent lower. The service area is compared to the national average in four (4) categories -general sports, fitness, outdoor activity, and commercial recreation. The City does not have the ability to meet demand for many of the activities shown (e.g., visiting a museum, theme park, indoor water park or salt water fishing). MPI scores are a tool that the Department can use for consideration of keeping existing offerings at Community Park and/or evaluating modifications and new additions. The market potential gives the Department a starting point for estimating resident attendance and participation for a broad set of recreational activities. Only six total activities assessed (4 of which were General Sports) had MPI scores below the national average, which suggests the local population is very inclined to participate in a variety of recreational activities and are heavily engaged in Fitness and Outdoor activities in particular. The following charts compare MPI scores for 42 sport and leisure activities that are prevalent for residents within the City. The activities are categorized by activity type and listed in descending order, from highest to lowest MPI score. High index numbers (100 or more) are significant because they demonstrate that there is a greater likelihood that residents within the service area will actively participate in offerings provided by the Department. 38 of 60 33 prOS-;',1;> consu/tiQg
January 18, 2022, Item #15CITY OF POWAY GENERAL SPORTS MARKET POTENTIAL The General Sports category has some high MPI figures, with three activities well above the national average. The activities that are ranked the highest based on MPI are Tennis (141 ), Golf (133), and Soccer ( 116) which are significantly higher than national averages indicating a high popularity for those activities in Poway. General Sports MPI -Poway -National Average 160 141 140 120 V, C1' 100 ~ 0 ----;89---84 u 80 V) c.. 60 ~ 40 20 0 Tennis Golf Soccer Basketball Baseball Volleyball Softball Football 39 of 60 34
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT FITNESS MARKET POTENTIAL Assessing the Fitness Activity category, every activity has an above average MPI score indicating a high interest for participating in these activities. The top activities based on MPI are Yoga (147), Jogging / Running (135), and Pilates (135), however, there is also high demand for the other Fitness Activity categories shown. Fitness MPI -Poway -National Average 160 147 140 120 "' a, 100 ... 0 u 80 V) 0.. ~ 60 40 20 0 Yoga Jogging/ Pilates Swimming Weight Walking for Aerobics Zumba Running Lifting Exercise OUTDOOR ACTIVITY MARKET POTENTIAL All but one activity in the Outdoor Activity category have above average MPI scores. The top three activities in this category include Hiking (139), Bicycling (road) (138), and Canoeing / Kayaking (136). V, 160 140 120 ~ 100 0 ~ 80 0:: 60 ~ 40 20 0 40 of 60 139 Hiking 138 Bicycling (road) Outdoor Activity MPI -Poway -National Average 136 Canoeing/ Kayaking Bicycling Backpacking Fishing (mountain) (salt water) 35 Horseback Riding 86 Fishing (fresh water) pros~,';> consuttiQg
January 18, 2022, Item #15CITY OF POWAY I COMMERCIAL RECREATION MARKET POTENTIAL The Commercial Recreation category also reveals all but one activity have MPI scores above the national average, with 3 activities scoring over 150. Those activities were Went to Museum (155), Attended Classical Music / Opera Performance (152), and Went to Live Theatre (151 ). Commercial Recreation MPI (Last 12 Months) ■ Poway Went to museum Attended classical music/opera performance Went to live theater Went to art gallery Attended sports event Spent $250+ on sports/rec equip Visited an indoor water park in last 12 months Did photography Spent $100-249 on sports/rec equip Attended dance performance Played musical instrument Visited a zoo in the last 12 months Visited a theme park in last 12 months Did painting/drawing Did photo album/scrapbooking Went overnight camping in last 12 months Spent $1-99 on sports/rec equip Danced/went dancing National Average 129 126 126 126 122 120 -120 116 115 114 i 112 106 103 98 155 152 151 149 0 20 40 60 80 100 120 140 160 180 MPI Scores 41 of 60 36
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT 3.1.2 KEY FINDINGS Based on the information presented in the Trends Analysis, the following key findings are of particular interest and/or have significant implications for Community Park: • Local Participatory Trends: 42 of 60 o Local recreation trends show strong participation across all categories assessed, with only 6 out of 42 activities having MPI scores below the national average. o The high Outdoor Activity scores, coupled with the larger participation rates of fitness activities that could take place outdoors (yoga, jogging / running, pilates, walking for exercise) express potential for multiple programming opportunities as well as trail connectivity that could be utilized within Community Park. o The community's high participation numbers in Tennis, plus the rapid increase in participation numbers for pickleball should be monitored by the City as they indicate potential for the need of additional, and/ or multi-use court space. o These numbers are all very promising for the City, as market potential data suggests that City residents are more inclined to participate in a wide variety of recreational activities related to sports, fitness, outdoor recreation, and commercial recreation. 37 pros-;,'f> consultiQg
January 18, 2022, Item #15CITY OF POWA V CHAPTER FOUR-STRATEGIC RECOMMENDATIONS 4.1 RECOMMENDATIONS Based on an iterative visioning process with staff combined with the community input, benchmarking, and analysis of recreational trends, the Consulting Team identified the following considerations and top priorities. ,4-1.1 CONSIDERATIONS: UPDATE EXISTING The following considerations are tied to updating already existing facilities and/or amenities: 1. Add additional trees and/or shade structures to areas including, but not necessarily limited to: • Tot lots • The Splash Pad • Grass areas • Baseball field areas • Parking lots 2. Improve Signage (Directional/Wayfinding and Informational): • Entrance (e.g., archway, on entry fences/walls) • Amenities • Facilities and Rooms • Trail Information and Mile Markers • Parking 3. Connect Pedestrian loops (e.g., bridges, circle paths) and bicycle paths and enhance ADA accessibility 4. Upgrade/add play structures for all-abilities playgrounds 5. Increase park visibility and safety lighting in and around the park (e.g., reduce fencing, relocate operational yards) 4.1.2 CONSIDERATIONS: NEW AMENITIES The following considerations are for potential new amenities that could be added to Community Park: 1 . Add outdoor adventure elements 2. Add dedicated pickleball courts 3. Add restroom by northerly play area 4. Introduce interpretive learning and art opportunities and creek renovations to activate the creek 5. Provide fitness equipment / exercise stations along the trail 4.1.3 CONSIDERATIONS: OPERA TIO NS These considerations are going to be tied to the operations or processes of the City. 1. Invest in additional marketing to create greater awareness of park offerings 2. Focus on maintenance Improvements • Enhance existing landscape • Relocate maintenance yard 43 of 60 38
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT • Add dedicated staff / contract support 3. Ensure consistency in branding and aesthetics 4. Determine consistent hours of operations 5. Utilize technology to enhance the user experience • Wi-Fi in park • App for accessible maps / parking counts / workout trackers etc. 4.1.4 TOP PRIORITIES 1. Shade (shade structures/sails and trees) -Create more shaded areas around the park and trails as well as around amenities where people congregate. 2. Accessible Trails and Connectivity -Connect pedestrian loops and make the trails more universally accessible. Provide bike access through the park with adequate bicycle parking. 3. Signage and Park Visibility -Enhance visibility (e.g., reduce tennis court fencing, relocate operational yard) and signage into and throughout the park, for awareness, directional, and educational purposes. 4. Park Amenities and All-Abilities Playground -Improve play areas to include all-abilities playgrounds and introduce pickleball and adventure amenities such as zip-lines, obstacle courses etc. to expand the park's usability. Additional Resources for Awareness and Maintenance (Staff and/or Contract Support) -Invest additional resources to keep up with the park maintenance as additional amenities are added; also grow marketing and communication efforts to create greater awareness about the offerings particularly at the community recreation center (e.g., website App). CHAPTER FIVE -CONCLUSION This Assessment is meant to be a needs assessment as the City continues to plan its future to meet the needs of its growing and very engaged population. As the area grows, Community Park will require a higher level of service for indoor and outdoor offerings while creating enjoyable, safe spaces for community members of all ages, abilities, and backgrounds to recreate comfortably. City leadership can take this Assessment into consideration for future CIP projects and/ or consider funding for specific park designs and/or a park master plan. The City's staff is a group of passionate, skilled professionals, and their dedication to the community's well-being is apparent. The Consulting Team is confident that staff in conjunction with the City's leadership will do everything in their power to ensure Community Park meets the needs of the Poway community in the years to come. 44 of 60 39 prOS-;",'1> consultiQg
January 18, 2022, Item #15CITY OF POWAY Appendices PAGE INTENTIONALLY LEFT BLANK 45 of 60 40
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT APPENDIX A -NON-PARTICIPANT INTEREST BY AGE SEGMENT In addition to participation rates by generation, SFIA also tracks non-participant interest. These are activities that the U.S. population currently does not participate in due to physical or monetary barriers, but is interested in participating in. Below are the top five activities that each age segment would be most likely to partake in if they were readily available. Overall, the activities most age segments are interested in include: Camping, Bicycling, Fishing, and Swimming for Fitness. All of which are deemed as low-impact activities, making them obtainable for any age segment to enjoy. 6-12 Year-Olds Fishing Camping Soccer Martial Arts Basketball 35-44 Year-Olds Fitness Swimming Camping Bicycling Fishing Hiking 46 of 60 , 13-17 Year-Olds I Fishing Camping Working Out w/ Weights Volleyball Running/ Jogging 45-54 Year-Olds Bicycling Fishing Camping Fitness Swimming Hiking 41 18-24 Year-Olds Camping Fishing Martial Arts Volleyball Kayaking 55-64 Year-Olds Bicycling Fishing Fitness Swimming Camping Hiking 25-34 Year-Olds Camping Fitness Swimming Bicycling Fishing Kayaking 65+ Year-Olds Fishing Fitness Swimming Bicycling Birdwatching/Wildlife Viewing Working Out Using pros~,'f> consulti(Jg
January 18, 2022, Item #15CITY OF POWAY APPENDIX B -NATIONAL AND REGIONAL PROGRAMMING TRENDS Programs offered by Park and Recreation Agencies (Pacific Southwest Region) NRPA's Agency Performance Review 2020 summarize key findings from NRPA Park Metrics, which is a benchmark tool that compares the management and planning of operating resources and capital facilities of park and recreation agencies. The report contains data from 1,053 park and recreation agencies across the U.S. as reported between 2017 and 2019. Based on this year's report, the typical agency (i.e., those at the median values) offers 187 Pacific ■ Southwest Region programs annually, with roughly 64 percent of those programs being fee-based activities/events. According to the information reported to the NRPA, the top five programming activities most frequently offered by park and recreation agencies, both in the U.S. and regionally, are described in the table below. A complete comparison of regional and national programs offered by agencies can be found on the following page. When comparing the Pacific Southwest Region agencies to the U.S. average, team sports, themed special events, social recreation events, and fitness enhancement classes were identified in the top five most commonly provided program areas offered regionally and nationally. -Top 5 Most Offered Core Program Areas (Offered by Parks and Recreation Agencies) Pacific Southwest (% of agencies offering) U.S. (% of agencies offering) • Themed Special Events (91%) • Themed Special Events (88%) • Team Sports (90%) • Team Sports (87%) • Social Recreation Events (90%) • Social Recreation Events (87%) • Fitness Enhancement Classes (89%) • Fitness Enhancement Classes (82%) • Health & Wellness Education (88%) • Health & Wellness Education (81%) 47 of 60 42
January 18, 2022, Item #15I POWAY COMMUNITY PARK NEEDS ASSESSMENT Overall, Pacific Southwest Region parks and recreation agencies are above the U.S. average for many program offerings. When utilizing a discrepancy threshold of +/-5 percent (or more), Pacific Southwest agencies are currently offering Fitness Enhancement Classes, Health & Wellness Education, Aquatics, Safety Training, Martial Arts, Trips and Tours, Performing Arts, Cultural Crafts, and Visual Arts at a higher rate than the national average, while Natural & Cultural History Activities and Running / Bicycle Races are below average. Core Program Areas Offered by Parks and Recreation Agencies (percent of agencies) Themed Special Events Team Sports Social Recreation Events Fitness Enhancement Classes Health & Wellness Education Aquatics Safety Training Martial Arts Trips & Tours Individual Sports Racquet Sports Performing Arts Cultural Crafts Visual Arts Natural & Cultural History Activities Golf Running/Cycling Races 48 of 60 ·.:::::::::::::::::::::::::::::::::::::::::::::::::-91% 88% ·.::::::::::::::::::::::::::::::::::::::::::::::::.-90% 87% 82% 81% 90% 87% 89% 88% ::::::::::::::::::::::::::::::::::::::---83% 71% :::::::::::::::::::::::::::::::::::::::::--78% 72% 75% 60% ::::::::::::::::::::::::::::::::::::--· 72% 63% ·.:::::::::::::::::::::::::::::::::::::::-70% 74% •·:::::::::::::::::::::::::::::::::::::.-70% 67% •·:::::::::::::::::::::::::::::::::::.--69% 64% ::::::::::::::::::::::::::::::::::.--67% 61% ·.::::::::::::::::::::::::::::::::.--64% 59% • ·::::::::::::::::::.■•■ .................. _5-4% 59% -------------46% -------------■ 47% ---------30% ----------35% 0% 10% 20% 30% 40% 50% 60% 70% 80% ■ Pacific Southwest ■ U.S. 90% 100% 43 pros-J,'f> consuttiQg
January 18, 2022, Item #15CITY OF POWA V Targeted Programs for Children, Older Adults, and People with Disabilities For a better understanding of targeted programs (programs that cater to a specific age segment, demographic, etc.), NRPA also tracks program offerings that are dedicated specifically to children, older adults (seniors), and people with disabilities. This allows for further analysis of these commonly targeted populations on a national and regional basis. Based on information reported to the NRPA, the top three targeted programs offered by park and recreation agencies, nationally and regionally, are described in the table below, followed by a chart that shows the complete comparison of regional and national targeted program offerings. Top 3 Most Offered Core Program Areas (Targeting Children, Seniors, and/or People with Disabilities) Pacific Southwest (% of agencies offering) r----------------------------------~-----U.S. (% of agencies offering) • Summer Camp (92%) • Summer Camp (83%) • Senior Programs (84%) • Senior Programs (78%) • Teen Programs (82%) • Teen Programs (65%) Agencies in the Pacific Southwest Region tend to offer targeted programs above the national average rate. Pacific Southwest agencies are currently offering Summer Camps, Senior Programs, Teen Programs, After School Programs, Programs for People with Disabilities, Preschool, and Before School Programs at a significantly higher rate than the national average. Core Program Areas Targeted for Children, Seniors, and/or People with Disabilities (precent of agencies) Summer Camp 83% Specific Senior Programs 84% Specific Teen Programs After School Programs Programs for People with Disabilities 49 of 60 STEM Programs Preschool Before School Programs 10% Full Daycare -S¾ 0% 10% 36% 26% 20% 20% 30% 40% ■ Pacific Southwest ■ U.S. 44 49% 50% 57% 54% 54% 60% 78% 82% 65% 71% 69% 62% 70% 80% 90% 92% 100%
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT APPENDIX C -CORE VS. CASUAL PARTICIPATION TRENDS GENERAL SPORTS National Core vs Casual Participatory Trends -General Sports Activity Participation Levels 2014 2018 # % # % Basketball 23,067 100% 24,225 100% Casual (1-12 times) 7,321 32% 9,335 39% Core{l3+ times) 15,746 68% 14,890 61% Golf (9 or 18-Hole Course) 24,700 100% 24,240 100% Tennis 17,904 100% 17,841 100% Baseball 13,152 100% 15,877 100% Casual (1-12 times) 4,295 33% 6,563 41% Core (13+ times) 8,857 67% 9,314 59% Soccer (Outdoor) 12,592 100% 11,405 100% Casual (1-25 times) 6,622 53% 6,430 56% Core (26+ times) 5,971 47% 4,975 44% Softball (Slow Pitch) 7,077 100% 7,386 100% Casual (1-12 times) 2,825 40'6 3,281 44% Core(13+ times) 4,252 60% 4,105 56% Football, Fla2 5,508 100% 6,572 100% Casual ( 1-12 times) 2,838 52% 3,573 54% Core{l3+ times) 2,669 48% 2,999 46% Core Age 6 to 17 (13+ times) 1,178 52% 1,578 54% Volleyball (Court) 6,304 100% 6,317 100% Casual (1-12 times) 2,759 44% 2,867 45% Core(13+ times) 3,545 56% 3,450 55% Badminton 7,176 100% 6,337 100% Casual (1-12 times) 5,049 70% 4,555 72% Core{l3+ times) 2,127 30% 1,782 28% Football, Touch 6,586 100% 5,517 100% Casual (1-12 times) 3,727 57% 3,313 60% Core{l3+ times) 2,859 43% 2,204 40'6 Soccer (Indoor) 4,530 100% 5,233 100% Casual {1-12 times) 1,917 42% 2,452 47% Core(13+ times) 2,614 58% 2,782 53% Football, Tackle 5,978 100% 5,157 100% Casual (1-25 times) 2,588 43% 2,258 44% Core(26+ times) 3,390 57% 2,898 56% Core Age 6 to 17 (26+ times) 2,590 43% 2,353 44% Gvmnastics 4,621 100% 4,770 100% Casual ( 1-49 times) 2,932 63% 3,047 64% Core(50+ times) 1,689 37% 1,723 36% Volleyball (Sand/Beach) 4,651 100% 4,770 100% Casual ( 1-12 times) 3,174 68% 3,261 68% Core{l3+ times) 1,477 32% 1,509 32% NOTE: Participation figures are in OOO's for the US o ulation ages 6 and over Participation Growth/Decline llloderale lncNM• (1)11,to25"'> Core vs Casual Distribution More Core Participants (56-74%) 50 of 60 45 % Change 2019 5-Year Trend 1-Year Trend # % 24,917 100% 8.0% 2.9" 9,669 39% 3.6% 15,248 61% -3.2% 2.4" 24,271 100% -1.7% 0.1" 17,684 100% -1.2% -0.9% 15,804 100% 20.2% -0.5% 6,655 42% 1.4" 9,149 58% 3.3" -1.8% 11,913 100% -5.4% 4.5" 6,864 58% 3.7% 6.7% 5,050 42% -15.4% LS% 7,071 100% -0.1% -4.3% 3,023 43% 7.0% -7.9% 4,048 57% -4.8% -1.4% 6,783 100% 23.1" 3.Z" 3,794 56% ~ 6.2" 2,989 44% -0.3% 1,590 56'6 0.8" 6,487 100% Z.9" 2.7" 2,962 46% 7.4" 3.3" 3,525 54% -0.6% 2.2" 6,095 100% -15.1% -3.8% 4,338 71% -14.1% -4.8% 1,756 29% -17.4% -1.5% 5,171 100% -21.5% -6.3% 3,065 59% -17.8% -7.5% 2,105 41% -4.5% 5,336 100% 17.8" 2.0% 2,581 48% 5.3% 2,755 52% 5.4" -1.0% 5,107 100% -14.6% -1.0% 2,413 47% -6.8% 6.9" 2,694 53% -20.5% -7.0% 2,311 47% -10.8% -1.8% 4,699 100% 1.7" -1.5% 3,004 64% 2.5% -1.4% 1,695 36% 0.4% -1.6% 4,400 100% -5.4% -7.8% 2,907 66% -8.4% -10.9% 1,493 34% 1.1" -1.1% Mo .. •<•D=•~• ~ (0%10 -25%1 EvenlyDivided(45-55%Core More Casual ::..,~-and CasuaQ Participants (56-74'11,) . i ., ... , pros-J,';> consultit)g
January 18, 2022, Item #15CITY OF POWA V GENERAL SPORTS (CONTINUED) ----National Core vs Casual Participatory Trends -General Sports Activity Participation Levels % Change 2014 2018 2019 5-Year Trend 1-Year Trend Track and Field 4,105 100% 4,143 100% 4,139 100% -0.1% Casual (1-25 times) 1,797 44% 2,071 50% 2,069 50% 15.1% -0.1% Core(26+ times) 2,308 56% 2,072 50°/4 2,070 50% -10.3% -0.1% Cheerleadin 3,456 100% 3,841 100% 3,752 100% Casual (1-25 times) 1,841 53% 2,039 53% 1,934 52% Core(26+ times) 1,615 47% 1,802 47% 1,817 48% Pickleball 2,462 100% 3,301 100% 3,460 100% Casual (1-12 times) 1,459 59% 2,011 61% 2,185 63% Core(13+ times) 1,003 41% 1,290 39% 1,275 37% Rae uetball 3,594 100% 3,480 100% 3,453 100% -3.9% -0.8% Casual (1-12 times) 2,435 68% 2,407 69% 2,398 69% -1.5% -0.4% Core(13+ times) 1,159 32% 1,073 31% 1,055 31% -9.0% -1.7% Ice Hockey 2,421 100% 2,447 100% 2,357 100% -2.6% -3.7% Casual {1-12 times) 1,129 47% 1,105 45% 1,040 44% -7.9% -5.9% Core(13+ times) 1,292 53% 1,342 55% 1,317 56% 1.9% -1.9% Ultimate Frisbee 4,530 2,710 100'/4 2,290 100% -15.5% Casual (1-12 times) 3,448 1,852 68% 1,491 65% -19.5% Core(13+ times) 1,082 858 32% 799 35% -6.9% Softball (Fast Pitch) 2,424 2,303 100% 2,242 100% -7.5% -2.6% Casual (1-25 times) 1,158 48% 1,084 47% 993 44% -14.2% -8.4% Core(26+ times) 1,266 52% 1,219 53% 1,250 56% -1.3% 2.5% Lacrosse 2,011 100% 2,098 100'/4 2,115 100% o. Casual (1-12 times) 978 49% 1,036 49% 1,021 48% 4.4% -1.4% Core(13+ times) 1,032 51% 1,061 51% 1,094 52% 6.0% 3.1% Wrestlin 1,891 100% 1,908 100% 1,944 9" Casual {1-25 times) 941 50% 1,160 61% 1,189 .5% Core{26+ times) 950 50% 748 39% 755 0.9% Roller Hockey 1,736 100% 1,734 1,616 -6.8% Casual (1-12 times) 1,181 68% 1,296 1,179 Core(13+ times) 555 Boxin for Competition 1,278 Casual (1-12 times) 1,074 Core(13+ times) 204 Ru by 1,276 Casual (1-ltimes) 836 Core(B+ times) 440 562 36% 557 -0.9% S uash 1,285 100% 1,222 -4.9% Casual (1-ltimes) 796 62% 747 -6.2% Core(B+ times) 489 38% 476 39% -2.7% NOTE: Participation figures are i Participation Growth/Decline Moderate Inc-• Moderate Decrease <O"to~ (0%to -25%) Core vs Casual Distribution Mo re Core Participants (56-Evenly Divided (45-55% Co re 74%) and Casual) 51 of 60 46
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT GENERAL FITNESS I --. --'. National Core vs Casual Participatory Trends -General Fitness Participation Levels Activity 2014 2018 # % # % Fitness Walking 112,583 100°/4 111,001 100°/4 Casual (1-49 times) 35,694 32% 36,139 33% Core(SO+ times) 76,889 68% 74,862 67% Treadmill 50,241 100°/4 53,737 100°/4 Casual (1-49 times) 22,525 45% 25,826 48% Core(SO+ times) 27,716 55% 27,911 52% Free Weights (Dumbbells/Hand Weights) 56,124 100°/4 51,291 100% Casual (1-49 times) 18,195 32% 18,702 36% Core(SO+ times) 37,929 68% 32,589 64% Running/Jogging 51,127 100°/4 49,459 100°/4 Casual (1-49 times) 23,083 45% 24,399 49% Core(SO+ times) 28,044 55% 25,061 51% Stationary Cycling (Recumbent/Upright) 35,693 100°/4 36,668 100°/4 Casual (1-49 times) 18,255 51% 19,282 53% Core(SO+ times) 17,439 49% 17,387 47% Weight/Resistant Machines 35,841 100% 36,3n 100°/4 Casual (1-49 times) 14,590 41% 14,893 41% Core(SO+ times) 21,250 59% 21,479 59% Elliptical Motion/Cross Trainer 31,826 100°/4 33,238 100°/4 Casual (1-49 times) 15,379 48% 16,889 51% Core(SO+ times) 16,448 52% 16,349 49% Yoga 25,262 100°/4 28,745 100°/4 Casual (1-49 times) 14,802 59% 17,553 61% Core(SO+ times) 10,460 41% 11,193 39% Free Weights (Barbells) 25,623 100°/4 27,834 100°/4 Casual (1-49 times) 9,641 38% 11,355 41% Core(SO+ times) 15,981 62% 16,479 59% Dance, Step, Choreographed Exercise 21,455 100°/4 22,391 100°/4 Casual (1-49 times) 13,993 65% 14,503 65% Core(SO+ times) 7,462 35% 7,888 35% Bodyweight Exercise 22,390 100°/4 24,183 100°/4 Casual (1-49 times) 8,970 40% 9,674 40% Core(SO+ times) 13,420 60% 14,509 60% NOTE: Participation figures are in OOO's for the US population ages 6 and over Participation Growth/Decline Moderale rnc-e (~to25'6) Core vs Casual Distribution More Core P■rtic1pants (56-74%) 52 of 60 47 % Change 2019 5-YearTrend 1-YearTrend # % 111,439 100% -1.0% 0.4" 36,254 33% 1.6% 0.3% 75,185 67% -2.2% 0.4% 56,823 100°/4 13.1% 5.7" 28,473 50% 10.2% 28,349 50% 2.3% 1.6% 51,450 100°/4 -8.3% 0.3" 19,762 38% 8.6% 5.7" 31,688 62% -16.5% -2.8% 50,052 100% -2.1% L2" 24,972 50% 8.2% 2.3% 25,081 50% -10.6% 0.1% 37,085 100°/4 3.9% L1" 19,451 52% 6.6% 0.9" 17,634 48% 1.1% 1.4% 36,181 100°/4 0.9% -0.5% 14,668 41% 0.5% -1.5% 21,513 59% 1.2% 0.2% 33,056 100°/4 3.9% -0.5% 17,175 52% 11.7% 1.7% 15,880 48% -3.5% -2.9% 30,456 100°/4 Z0.6" 6.0% 18,953 62% 8.0% 11,503 38% 10.0% 2.8" 28,379 100% 10.8" 2.0% 11,806 42% 22.5% 4.0% 16,573 58% 3.7% 0.6% 23,957 100°/4 11.7% 7.0% 16,047 67% 14.7% 10.6% 7,910 33% 6.0% 0.3% 23,504 100°/4 5.0% -2.8"/4 9,492 40% 5.8% -1.9% 14,012 60% 4.4% -3.4% M,a,,..,D~•-• ~ (0%to -25%) Evenly Divided (45-55%Core MoreC•ual lt.~'c.i.-iP~ and Casual) P■rtic1pants (56-74%) • )~~~ ,, ,,, pros~,';> consu/tiQg
January 18, 2022, Item #15CITY OF POWAY GENERAL FITNESS (CONTINUED) -: National Core vs Casual Participatory Trends -General Fitness Participation Levels % Change Activity 2014 2018 2019 5-YearTrend 1-Year Trend # % # % # % Aerobics (High Impact/ Intensity Training) 19,746 100% 21,611 100°/4 22,044 100% 1L6% Z.0% Casual (1-49 times) 10,242 52% 11,828 55% 12,380 56% 20.9% 4.7" Core(SO+ times) 9,504 48% 9,783 45% 9,665 44% 1.7% -1.2% Stair Climbing Machine 13,216 100°/4 15,025 100°/4 15,359 100°/4 16.2" Z.2" Casual (1-49 times) 7,679 58% 9,643 64% 10,059 65% 4.3% Core(SO+ times) 5,537 42% 5,382 36% 5,301 35% -4.3% -1.5% Cross-Training Style Workout 11,265 100% 13,338 100°/4 13,542 100°/4 20.2% 1.5% Casual (1-49 times) 5,686 50% 6,594 49% 7,100 52% 24.9% 7.7" Core{SO+ times) 5,579 50% 6,744 51% 6,442 48% 15.5% -4.5% Trail RunninJ[ 7,531 100°/4 10,010 100°/4 10,997 100% 9.9" Stationary Cycling (Group) 8,449 100°/4 9,434 100°/4 9,930 100°/4 17.5% 5.3% Casual (1-49 times) 5,353 63% 6,097 65% 6,583 66% 23.°" 8.°" Core{SO+ times) 3,097 37% 3,337 35% 3,347 34% 8.1" 0.3% Pilates Training 8,504 100°/4 9,084 100°/4 9,243 100% 8.7" 1.8% Casual (1-49 times) 5,131 60% 5,845 64% 6,074 66% 18.4" 3.9% Core(SO+ times) 3,373 40% 3,238 36% 3,168 34% -6.1% -2.2% Cardio Kickboxlng 6,747 100°/4 6,838 100°/4 7,026 100°/4 4.1" Z.7" Casual {1-49 times) 4,558 68% 4,712 69% 4,990 71% 9.5% 5.9% Core(SO+ times) 2,189 32% 2,126 31% 2,037 29% -6.9% -4.2% Boot Camp Style Training 6,774 100°/4 6,695 100°/4 6,830 100°./4 0.8% Z.0% Casual {l-49 times) 4,430 65% 4,780 71% 4,951 72% 1L8" 3.6% Core(SO+ times) 2,344 35% 1,915 29% 1,880 28% -19.8"/4 -1.8% Martial Arts 5,364 100°/4 5,821 100°/4 6,068 100% 4.2" Casual (1-12 times) 1,599 30% 1,991 34% 2,178 36% 9.4% Core(13+ times) 3,765 70% 3,830 66% 3,890 64% 3.3% 1 i% Boxing for Fitness 5,113 100°/4 5,166 100°/4 5,198 100% 1.7" 0.6% Casual {1-12 times) 2,438 48% 2,714 53% 2,738 53% 12.3" 0.9% Core(13+ times) 2,675 52% 2,452 47% 2,460 47% -8.0% 0.3% Tai Chi 3,446 100°/4 3,761 100°/4 3,793 100°./4 10.1" 0.9" Casual {l-49 times) 2,053 60% 2,360 63% 2,379 'II 15,9" (. 1% Core{SO+ times) 1,393 40% 1,400 37% 1,414 37% 1.5% 1.°" Barre 3,200 100°/4 3,532 100°/4 3,665 100°/4 14.5% 3.8" Casual (1-49 times) 2,562 II 2,750 Ill 2,868 -11.9" .::i% Core(SO+ times) 638 782 797 2 ,9" __ 9% Triathlon (Traditional/Road) 2,203 100' 2,168 l00"11t 2,001 100' -.7"/4 Triathlon (Non-Traditional/Off Road) 1,411 100°/4 1,589 100°/4 1,4n 100°/4 4.3% -7.4% NOTE: Participation figures are in OOO's for the US popul tion ag s 6 and over Participation Growth/Decline Modenltelncnae •oa-,o~•n• ~ (°"to25'61 (0%to-25%) Core vs Casual Distribution More Core Partlcrpanta (56-EvenlyDivided(45-55%Core More Casual --~:~ 74%) and Casual) Partrcrpanta (56-74%) ~-• ,. <t;;, ~,. !f 53 of 60 48
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT OUTDOOR/ ADVENTURE RECREATION , National Core vs Casual Participatory Trends -Outdoor/ Adventure Recreation Activity 2014 2018 2019 # % # % # % 36,222 100"/4 47,860 100"/4 49,697 39,725 100"/4 39,041 100"/4 39, Casual {1-25 times) 19,269 49% 20,777 53% 20,796 Core(26+ times) 20,456 51% 18,264 47% 18,592 47% Fishin Freshwater 37,821 100"/4 38,998 100°/4 39,185 100"/4 Casual (1-ltimes) 19,847 52% 21,099 54% 20,857 53% Core(B+ times) 17,973 48% 17,899 46% 18,328 cam in (< 1/4 Mile of Ve hide/Home) 28,660 100"/4 27,416 100"/4 28,183 Cam in (Recreational Vehide) 14,633 100°/4 15,980 100"/4 15,426 Casual {1-7 times) 9,103 57% 8,420 Core(B+ times) 6,877 Fishin (Saltwater) Casual (1-ltimes) 13,179 10,101 8,044 Casual (1-12 times) 3,707 Core(13+ times) 4,336 Arche Casual (1-25 times) Core(26+ times) Fishin (Fl ) Casual (1-7 times) Core(B+ times) 2,204 2,479 36% 2,521 Skateboardin 6,582 100"/4 6,500 100"/4 6,610 Casual (1-25 times) 8 2 % 3,989 61% 4,265 Core(26+ times) 2,700 41% 2,511 39" 2,345 Roller Skatin ln-Une 6,061 100°/4 5,040 100°/4 4,816 100"/4 Casual (1-12 times) 4,194 69" 3,680 73% 3,474 72% Core{13+ times) 1,867 31% 1,359 27" 1,342 2,350 100°/4 3,439 100°/4 3,648 Casual (1-12 times) 1,205 51% 2,052 60% 2,257 Core(13+ times) 1,145 49% 1,387 40% Climbin (Traditional/lce/Mountaineerin ) 2,457 100°/4 2,541 100"/4 2,368 100°/4 2,215 100"/4 Casual (1 times) 1,004 42% 581 26% Core(2+ times) 1,365 1,595 NOTE: Participation fi ures are in OOO's for the U Participation Growth/Decline Moc1eratelncree1e M oder■te Decrease (0..to~ (0%10 -25%) Core vs Casual Distribution MoreCoreP1rticip1nt1 (56-Evenly Divided (45-55%Core 74~) and Casual) 54 of 60 49 2.0% 16.5" -0.8% -11.7% -10.1% -17.2% 1-Year Trend -4.4% -5.6% -5.5% -2.4% pros~'f> consultiQg
January 18, 2022, Item #15CITY OF POWAY AQUATICS l . -. ;1 National Core vs Casual Participatory Trends -Aquatics Activity 2014 2018 2019 # % # % # % Swimming (Fitness) 25,304 100% 27,575 100% 28,219 100% Casual (1-49 times) 16,459 65% 18,728 68% 19,480 69% Core(SO+ times) 8,845 35% 8,847 32% 8,739 31% Aquatic Exercise 9,122 100% 10,518 100% 11,189 100"/4 Casual (1-49 times) 5,901 65% 7,391 70% 8,006 72% Core(SO+ times) 3,221 35% 3,127 30% 3,183 28% Swimming (Competition) 2,710 100% 3,045 100% 2,822 100% Casual (1-49 times) 1,246 46% 1,678 55% 1,529 54% Core(SO+ times) 1,464 54% 1,367 45% 1,293 46% NOTE: Participation figures are in 000's for the US population ages 6 and over Participation Growth/Decline Core vs Casual Distribution WATER SPORTS/ ACTIVITIES Moderate tnae■1e I°" to 25"1 Moderate Decrease (0% to-25%) More Core Participants (56-Evenly Divided (45-55% Core 74") and Casual) ' National Core vs Casual Participatory Trends -Water Sports/ Activities i Activity 2014 2018 2019 # % # % # % Kayaking (Recreational) 8,855 100% 11,017 100% 11,382 100"/4 Canoeing 10,044 100% 9,129 100% 8,995 100"/4 Snorkeling 8,752 100% 7,815 100% 7,659 100% Casual (1-7 times) 6,935 • 6,321 ■ 6,192 fl Core(B+ times) 1,818 1,493 1,468 Jet Skiing 6,355 100% 5,324 100% 5,108 100% Casual (1-7times) 4,545 72% 3,900 73% 3,684 72% Core(B+ times) 1,810 28% 1,425 27% 1,423 28% Sailing 3,924 100% 3,754 100% 3,618 100% Casual (1-7times) 2,699 69% 2,596 69% 2,477 68% Core(B+ times) 1,225 31% 1,159 31% 1,141 32% Stand-Up Paddling 2,751 100% 3,453 100% 3,562 100% Rafting 3,781 100% 3,404 100% 3,438 100"/4 Water Skiing 4,007 100"/4 3,363 100% 3,203 100"/4 Casual (1-7 times) 2,911 73% 2,499 74% 2,355 74% Core(B+ times) 1,095 27% 863 26% 847 26% Surfing 2,721 100% 2,874 100% 2,964 100% Casual (1-7 times) 1,645 60% 1,971 69% 2,001 68% Core(B+ times) 1,076 40% 904 31% 962 32% Wake boarding 3,125 100% 2,796 100% 2,729 100"/4 Casual (1-7times) 2,199 70% 1,900 68% 1,839 67% Core(B+ times) 926 30% 896 32% 890 33% Scuba Diving 3,145 100% 2,849 100% 2,715 100"/4 Casual (1-7 times) 2,252 72% 2,133 "~I 2,016 74% Core(B+ times) 893 28% 716 •• 699 26% Kayaking (Sea/Touring) 2,912 100% 2,805 100% 2,652 100% Kayaking (White Water) 2,351 100% 2,562 100% 2,583 100% Boardsailing/Windsurfing 1,562 100% 1,556 100% 1,405 100% Casual (1-7 times) 1,277 82% 1,245 'ft: 1,112 ~i Core(B+ times) 285 18% 310 .20K, 292 21tl1 NOTE: Participation figures are in OOO's for the US population a es 6 and over Participation Growth/Decline (°"to 25,.. (0%to -25%) 5-Year Trend 1-Year Trend 11.5" 2.3" 18.4% 4.0% -1.2% -1.2% 22.7" 6.4" 8.3% -1.2% 1.8% 4.1" -7.3% 22.7% -8.9% -11.7% -5.4% 5-YearTrend 1-YearTrend 3.3" -10.4% -1.5% -12.5% -2.0% -10.7% -2.0% -19.3% -1.7% -19.6% -4.1% -18.9% -5.5% -21.4% -0.1% -7.8"/4 -3.6% -8.2% -4.6% -6.9% -1.6% 3.2" -9.1% LO% -20.1% -4.8"/4 -19.1% -5.8% -22.6% -1.9% 8.9% 3.1" 21.6% 1.5% -10.6% 6.4% -12.7% -2.4% -16.4% -3.2% -3.9% -0.7% -13.7% -4.7% -10.5% -5.5% -21.7% -2.4% -8.9% -5.5% 9.9% 0.8" -10.1% -9.7% -12.9% -10.7% 2.5% -5.8% Core vs Casual Distribution ··--....... ,~-·· ~ MoreCorePartic,pants(56-EvenlyDrv1ded(45-55%Core MoreCasualPartic1pant1 Molli,c.utlP .... 74'111) and Casual) (56-74'111) {11911trtflllln,lt 55 of 60 50
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT APPENDIX D -PUBLIC INPUT MEETING POLL RESULTS HOW MANY PEOPLE ARE PARTICIPATING WITH YOU IN THIS VIRTUAL MEETING? Three out of every ten participants attended the meeting with at least one other person with them. HOW OFTEN DO YOU USE COMMUNITY PARK? Over half of participants use Community Park at least weekly (52%). Only five percent said they do not use the park at all. Virtual Meeting Participants 70% Just myself One other person Two other people Three or more people Visitation Frequency 52% 1% At least At least At least 6 At least two Once per I do not use weekly monthly times per to five times year or less it year per year DO YOU LIVE WITHIN A 10-MINUTE WALK TO COMMUNITY PARK? Approximately 62 percent of participants indicated they do not live within a 10-minute walk of Community Park. 56 of 60 51 10-Minute Walk ■Yes ■No prOS-i,';> consu/ti,Qg
January 18, 2022, Item #15I CITY OF POWA V WHICH PARK AMENITIES DO YOU USE REGUARLY? "Trails and pathways" (71%) were the most regularly used amenity by public input meeting attendees, followed by "playground" (48%) and "dog park" (33%). Regularly Used Park Amenities Trails and pathways Playground Dog Park Swim Center Picinic areas Athletic Fields Sports courts Skate Park Other ------------· 71% 48% 110% 5~ 24r 24'(o i 24% 19% I ! 33% HOW WOULD YOU RATE THE OVERALL QUALITY OF COMMUNITY PARK AND ITS AMENITIES? More than four out of five attendees rated the overall quality of Community Park and its amenities as "good" or above. Only five percent rated them as "poor." HOW DO YOU TRAVEL TO COMMUNITY PARK? By a substantial margin, "I drive" (71 %) was the most preferred method of transportation to Community Park by attendees. This correlates with the high percentage of attendees who do not live within a 10-minute walk of the park. 57 of 60 Excellent 71% I drive 52 Overall Quality of Park and Amenities Good Fair Poor Travel 19% 19% 0% I do not use I bike, skateboard or scooter I walk I carpool I do not go to I use transit Community Park
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT WHAT ARE THE THREE MOST PREFERRED WAYS TO LEARN ABOUT COMMUNITY PARK'S PROGRAMS, EVENTS, FACILITIES, AND AMENITIES? The top three preferred ways to learn about what Community Park has to offer were the Poway Chieftain (55%), Facebook (45%), and Email (45%). Most Preferred Communication Poway Chieftain Facebook Email Website Community Services Guide Word of mouth lnstagram Nextdoor Other -~ -~5% -; _Jo% I I i 7 19% I ; I 1 i l ! 451 45''-'o ! 41% I 3S% I I I 18% : ! ' I i ! I 55'¼ WHAT IS THE LARGEST BARRIER THAT PREVENTS YOU FROM USING COMMUNITY PARK MORE OFTEN? Lack of amenities (27%) was the most selected barrier by participants, followed by I am too busy (18%), lack of parking (14%), and lack of restrooms (14%). "I do not feel welcome" and "lack of accessibility" both received zero votes. 58 of 60 Largest Participation Barrier Lack of amenities I am too busy Lack of parking Lack of restrooms I do not feel safe Lack of signage Too far from residence I do not feel welcome Lack of accessibility Other 53 -I i 1 ! I ~k% -Is% ! is% 0 10% .J I ' ! l 1f% 1k% i 1 I 14% i i r 18¾ pros-J,';> consultiQg
January 18, 2022, Item #15CITY OF POWA V WHICH THREE AMENITIES ARE YOU AND MEMBERS OF YOUR HOUSEHOLD MOST INTERESTED IN? The top three types of amenities participants and members of their household would be the most interested in are "trails, fitness trails and pathways" (67%), "playgrounds" (52%) and "pool/water features" (38%). Amenities-Most Interested Trails, fitness trails and pathways Playgrounds Pool/Water Features Dog Park Sports courts Picinic areas Skate park Open space Sports fields Other -------· 67% 5~% I :38°0 I I ---29o/y ---2~% 19J , 1•1 I 19% ' WHAT ARE THE THREE MOST IMPORTANT IMPROVEMENTS THE CITY OF POWAY CAN MAKE AT COMMUNITY PARK OVER THE NEXT 10 YEARS? The top three most important improvements participants would be interesting in adding to existing parks over the next 10 years are "expand walking paths/trails" (62%), "more shade structures/trees" (52%), and "innovative, all ability playgrounds" (52%). 10-Year Improvements Expand walking paths/trails More shade structures/trees Innovative, all ability playgrounds Improve and expand restroom facilities Improve ADA accessibility New or upgrade sports fields New or upgrade skate park New or upgrade sports courts More parking Improve signage 7 ! .....19% ~ I ~19% bl1~1•¾ 7 r JO% I 29% ' I I i s2r 52% I 62 0 PLEASE RATE YOUR SATISFACTION WITH THE OVERALL VALUE YOU RECEIVE FROM COMMUNITY PARK? Nearly 72 percent of participants were "somewhat satisfied" or above with the overall quality at Community Park. Only five percent were "somewhat dissatisfied" and there were no selections for "very dissatisfied". 59 of 60 54 Overall Satisfaction-Community Park Value 5% -0% 0% Very Somewhat Neutral Somewhat Very Don't Know Satisfied Satisfied Dissatisfied Dissatisfied
January 18, 2022, Item #15POWAY COMMUNITY PARK NEEDS ASSESSMENT APPENDIX E -PUBLIC INPUT MEETING CHAT COMMENTS • Love to see gardens added to the park. especially since the community center is there to be able to host or help maintain. • Garden space. but community garden is a good idea too. I know there is a couple garden clubs in Poway that could benefit from a space. • Planting more natives plants and butterfly gardens is great. • Hello, resident here for about 4 years. Looking forward to hearing about the park plans and appreciate you putting this on. • Me, my wife, and my two daughters are participating tonight. My kids are big fans of BMX and would like to see a BMX track in Poway. • I would like to add playing near the creek to activities • Thanks Neelay and David. My family would love to see a BMX track at Community Park or anywhere else in Poway. The sport of BMX is fun, family-friendly and fast-growing. Unfortunately, there are no tracks in North County. Poway residents would be well served with a track in the model of "San Diego BMX" in Kearny Mesa that features programming including racing. • General upgrading and upkeep for the look. Chain link fences are not so nice looking. • ADA accessibility is not just a want, but a must I think. • I think it's really important to differentiate between a skate park, which Community Park already has, and a BMX track. The skate park is a concrete area without organized programming while a BMX track is a dirt track with organized practices, classes, and races. • Would love to make it more upscale to match the aesthetic of the City Hall, Lilac Courtyard, Library 60 of 60 55 pros~,';> consuttiQg