08-02-2022 Agenda Packet�•o� AG EN DA Poway City Council
�� Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064
August 2, 2022 I 7 p.m.
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Steve Vaus
Mayor
John Mullin
Deputy Mayor
Dave Grosch
Council member
Caylin Frank
Council member
Barry Leonard
Council member
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Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are
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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:
Recognition of Donation from the Friends of Poway Seniors
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.
2 of 4 Regular City Council Meeting August 2, 2022
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a
Rol l Call Vote without discussion unless a Council member, a member of the public, or City Manager
requests that an item be removed for discussion.
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the June 7, 2022 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. Acceptance of the Sewer Line Repair Replace 20/21 (Pomerado Road/Stone Canyon Road) project;
Bid No. 21-017, with DB Pipeline, Inc., as Complete
5. Rejection of Received Bid for the FY 21-22 Annual Trash Capture Program Project; Bid No. 22-014,
and Direction to Staff to Utilize an Informal Bidding Process to Award the Project
6. Award of Contract to Nu Line Technologies, LLC, for the FY 2022-23 CMP Annual Repair Project;
Bid No. 23-001
7. Award of Contract to Eastridge Engineering and Construction for the Caustic Soda Tank
Replacement Project; Bid No. 23-002
ORDINANCES FOR INTRODUCTION: None
ORDINANCES FOR ADOPTION: None
PUBLIC HEARINGS:
8. Minor Conditional Use Permit (MCUP) 19-006 and Development Review (DR) 19-006; a Request to
Construct a 4,791-square-foot Automotive Service Building Containing Nine Bays at 13747 Poway
Road for the Poway Honda Dealership
City Manager's Recommendation: It is recommended the City Council take public input, close
the public hearing and adopt the Resolution approving MCUP 19-006 and DR 19-006.
9. Adoption of Resolution Amending the Poway Center for the Performing Arts Fees Within the
Community Services Section of the Master Fee Schedule
City Manager's Recommendation: It is recommended the City Council take public input, close
the public hearing, and adopt the Resolution Amending the Poway Center for the Performing Arts
Fees Within the Community Services Section of the Master Fee Schedule.
STAFF REPORTS: None
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
3 of 4 Regular City Council Meeting August 2, 2022
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G .C. 53232(d))
CITY MANAGER ITEMS: None
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
AD!OURNMENT
State of California
County of San Diego
)
) 55.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of
a Regular Meeting as called by the City Council of the City of Poway was posted and provided on July 26, 2022. Said
meeting to be held at 7:00 p.m., August 2, 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.
LAMu" ~ ~/-1 Li~ -~ -~)
Carrie Gallagher, CMC, otyOerk'
4 of 4 Regular City Council Meeting August 2, 2022
August 2, 2022, Item #2AGENDA REPORT CityofPoway DATE: TO: FROM: August 2, 2022 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk ~ (858) 668-4535 or cgallagher@p8way.org CITY COUNCIL SUBJECT: Approval of the June 7, 2022 Regular City Council Meeting Minutes Summary The City Council Meeting Minutes submitted hereto for approval are: • June 7, 2022 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 the City Council approve June 7, 2022 Regular City Council Meeting Minutes. Public Notification: None. Attachments: A. June 7, 2022 Regular City Council Meeting Minutes Reviewed/ Approved By: w~~se~ Assistant City Manager 1 of 6 Reviewed By: Alan Fenstermacher City Attorney
August 2, 2022, Item #2NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES June 7, 2022 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: Barry Leonard, Caylin Frank, Dave Grosch, John Mullin, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Finance Director Aaron Beanan; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain Karla Menzies, Sheriff's Department. (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE Deputy Mayor Mullin led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATIONS None. PUBLIC COMMENT Yuri Bohlen inquired on the annual budget allocation specific to services for the Poway's homeless population. 2 of 6
August 2, 2022, Item #2City of Poway -Minutes -June 7, 2022 Marisa Lowe of the Poway Library spoke regarding both kids and adult programs and shared details of "Pancakes on the Patio" event, summer programs kickoff to be held June 18th. CONSENT CALENDAR Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to approve Consent Calendar Items 1 through 16. Motion carried 5/0 by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Leonard, Frank, Grosch, Mullin, 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 April 19, 2022 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 22-025 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. Adoption of Resolution No. 22-026 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 19-1 for Fiscal Year 2022-23 and Approving the Engineer's Report." 5. Adoption of Resolution No. 22-027 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 83-1 for Fiscal Year 2022-2023 and Approving the Engineer's Report." 6. Adoption of Resolution No. 22-028 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 86-1 for Fiscal Year 2022-23 and Approving the Engineer's Report." 7. Adoption of Resolution No. 22-029 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 86-2 for Fiscal Year 2022-23 and Approving the Engineer's Report." 8. Adoption of Resolution No. 22-030 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 86-3 for Fiscal Year 2022-2023 and Approving the Engineer's Report." 9. Adoption of Resolution No. 22-031 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 87-1 for Fiscal Year 2022-23 and Approving the Engineer's Report." 3 of 6
August 2, 2022, Item #2City of Poway -Minutes -June 7, 2022 10. Adoption of Resolution No. 22-032 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Lighting District for Fiscal Year 2022-2023 and Approving the Engineer's Report." 11. Approval of a First Amendment to the Contract for the Sale and Purchase of Goods and Materials with Univar Solutions USA Inc. for the Purchase of Water Treatment Plant Chemicals; RFB No. 21-023 12. Award of Contract to U.S. Tank & Mechanical Services, Inc. for the Reservoir Overflow Modifications Project; Bid No. 22-008 13. Approval of Consultant Agreement with Harper & Associates Engineering, Inc. for Engineering Design Services for the Rehabilitation of Reservoirs R-4 and R-7; RFP No. 22-023 14. Approve Poway's 2022-2023 Water Supply and Demand Assessment 15. Review of the City's Local Conflict of Interest Code 16. Adoption of Resolution No. 22-033 entitled "A Resolution of the City Council of the City of Poway, California, Approving Master Agreement Administering Agency-State Agreement for State-Funded Projects No. 11-5428S21 and Authorizing the City Manager to Execute Said Agreement and Approve Future Program Supplements." ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS: None. STAFF REPORTS: 17. Adoption of Resolution No. 22-034 entitled "A Resolution of the City Council of the City of Poway, California, Adopting Water Shortage Level 2 Conservation Measures." Utilities Administrator Jessica Parks presented the item. She explained due to a third year of significant drought in California, the Governor issued an executive order to have the State Water Resources Control Board mandate water conservation actions. Staffs recommendation to remain in a water shortage level one and meet the state's requirements by implementing the level two mandatory water use restrictions is based on the actions of the San Diego County Water Authority and the results of the annual water supply and demand assessment which show Poway has the supplies to meet demands through June 2023. Ms. Parks noted Poway reduced its water demands by more than 40 percent over the past 20 years even with population and development growth, further she discussed regulations and water use restrictions and provided directions for residents to report waste. 4 of 6
August 2, 2022, Item #2City of Poway -Minutes -June 7, 2022 Public Comment: Joe St. Lucas spoke regarding recycled water and desalination plants. He suggested the State of California use its reported $97 billion surplus to install a desalination plant every 15 miles up the coastline to alleviate the state's water shortage. Yuri Bohlen discussed Prop 218, rate increases, and rate tiers, suggesting the City reward citizens with rebates or credits for water conservation. End of Public Comment. Council discussion ensued regarding fixed costs, recycled water, desalinization, exemptions of non-functional decorative turf and mandated level 2 conservation measures and its enforcement of which staff stated there will be no City enforcement. Any enforcement will be handled by the state. Motioned by Councilmember Grosch, seconded by Deputy Mayor Mullin to adopt Resolution No. 22-034 entitled, "A Resolution of the City Council of the City of Poway, California, Adopting Water Shortage Level 2 Conservation Measures." Motion carried unanimously. WORKSHOPS None. COUNCIL-INITIATED ITEMS: 18. Adoption of Resolution No. 22-035 entitled "A Resolution of the City Council of the City of Poway, California, Supporting SB-1338, Community Assistance, Recovery, and Empowerment (CARE) Court Program." Mayor Vaus presented the report and explained the Community Assistance, Recovery and Empowerment (CARE) Court Program essentially connects individuals struggling with untreated mental illness with a court ordered plan managed by a Care Team for up to 24 months. Mayor Vaus noted, along with City Manager Hazeltine and Sheriff Captain Karla Menzies, having met with staff from the Governor's office a few weeks earlier and was thankful for the acknowledgment that "housing first doesn't always work". Public Comment: Henry Clingingsmith discussed a moratorium on evictions recently adopted by the City of San Diego and suggested a similar ban on no fault evictions in Poway could be a helpful solution for homelessness in Poway. End of Public Comment. Council discussion ensued regarding drug abuse and its effect on mental health as a root cause of homelessness and recognizing treatment of this nature is a huge step in the right direction. 5 of 6
August 2, 2022, Item #2City of Poway-Minutes -June 7, 2022 Motioned by Mayor Vaus, seconded by Councilmember Leonard to adopt Resolution No. 22-035 entitled, "A Resolution of the City Council of the City of Poway, California, Supporting 58-1338, Community Assistance, Recovery, and Empowerment (CARE) Court Program." Motion carried unanimously. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) Councilmember Leonard reported having attended an Eagle Scout ceremony at Old Poway Park. Councilmember Frank reported on her recent attendance at the Poway Firefighters' Association and Burn Institute fundraiser held at Hop Stop. She invited residents to attend the San Diego County Fair to watch Poway Firefighters participate in the demolition derby. Councilmember Grosch reported having attended an Eagle Scout ceremony for three young men at St. Michael's Church. He commended Recreation Area Manager Sarah Becker for her work on the flower beds at Old Poway Park and recognized the Public Works Department for their quick removal of graffiti at Silverset Park. Deputy Mayor Mullin reported having attended several Metro Wastewater meetings held to discuss construction and planning of the Pure Water program. Mayor Vaus reported his attendance at the Valley Elementary School Art program bench unveiling, PowerPoint photos were shared with the audience. CITY MANAGER ITEMS None. CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None. ADJOURNMENT Mayor Vaus adjourned the meeting at 7:50 p.m. 6 of 6 Carrie Gallagher, CMC City Clerk City of Poway, California
August 2, 2022, Item #3DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway CITY COUNCIL August 2, 2022 J:;fn;~:::l::,y;~::~i:emb~~;;; City Council Jeff Chumbley, Fire Chief ~ (858) 668-4461 or jchumbley@poway.org 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 impact economic and social segments of the United States. Federal, state, and county directives, mandates and orders to manage COVI D-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 the City Council approve a resolution continuing the Proclamation of Local Emergency. 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. Federal, state, and county directives, mandates, orders and guidelines have been issued to manage COVID-19. Efforts continue to focus on re-opening the economy and relaxing restrictions. 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, September 7, October 5, October 19, November 2, November 16, and December 7. In 2022, the City Council approved to continue the emergency action on January 18, February 1, 1 of 5
August 2, 2022, Item #3February 15, March 1, March 15, April 5, April 19, May 3, May 17, June 7, June 21 and July 19. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Continuing the local emergency, in addition to being consistent with the County of San Diego, also allows the City to continue to be eligible for federal, state, and county funding opportunities related to COVID-19 and tied to having a declaration of a local emergency in place. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: As of July 18, 2022, City costs to respond to COVID-19 are estimated at $1,120,760. 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. Within that 45 percent, $13,179,618 is set aside for Extreme Events/Public Safety. Staff believes some of the prior expenditures 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 was to offer financial assistance to small businesses located in Poway by serving as a financial bridge to businesses while they were awaiting state and federal funding provided in response to the pandemic. Based on staff's review, 35 loans totaling $1,328,118 were 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 Kerman Assistant City Manager 2 of s Reviewed By: Alan Fenstermacher City Attorney City Manager
August 2, 2022, Item #3RESOLUTION NO. 22-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, December 7, and in 2022 on January 18, February 1, February 15, March 1, March 15, April 5, April 19, May 3, May 17, June 7, June 21 and July 19; 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. 3 of s ATTACHMENT A
August 2, 2022, Item #3Resolution No. 22-Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVI D-19) global pandemic; and (a) The continuing threat of the Novel Coronavirus (COVID-19) global pandemic requires that the City be able to expend public money in order to safeguard life, health, or property; (b) The City Manager, as the City's Personnel Officer, is authorized to take actions necessary to alter employee leave policies and ensure a safe and healthy workforce; (c) The City Manager is authorized to safeguard life, health, or property without complying with notice or bidding procedures; and (d) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regular meeting, at which time the City Council shall either continue the emergency action or declare the emergency ended. SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of August, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4 of 5
August 2, 2022, Item #3PROCLAMATION OF LOCAL EMERGENCY WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency SeNices 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 SeNices 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
August 2, 2022, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway August 2, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services fAJ\ Andrea Thomas, Associate Civil Engineer~ (858) 668-4605 or athomas@poway.org CITY COUNCIL Acceptance of the Sewer Line Repair Replace 20/21 (Pomerado Road/Stone Canyon Road) project; Bid No. 21-017, with DB Pipeline, Inc., as Complete On June 15, 2021 the City Council awarded the contract for the Sewer Line Repair Replace 20/21 (Pomerado Road/Stone Canyon Road) project; Bid No. 21-017, to DB Pipeline, Inc., in the amount of $287,297.00. This action will accept the project as complete. Recommended Action: It is recommended the City Council: (1) Accept the Sewer Line Repair Replace 20/21 (Pomerado Road/Stone Canyon Road) 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 $13,785.29, if unencumbered, 45 days after City Council acceptance; (4) Release the North American Specialty Insurance Company Bond for Material and Labor in the amount of $287,297.00 after the release of retention; and (5) Retain the North American Specialty Insurance Company Bond for Faithful Performance for a period of one year. Discussion: The Sewer Line Repair Replace 20/21 (Pomerado Road/Stone Canyon Road) project replaced 131 feet of dilapidated clay sewer pipe, constructed a new manhole, and installed 1,037 feet of protective liner. A portion of the project was performed within the City of San Diego right-of-way on a sewer utility owned by the City of Poway. This project was a continuation of the Sewer Line Repair Replace 14/15 (Pomerado Road/Stone Canyon Road). The original construction was deemed unfeasible to complete due to conflicts with unknown utilities and rock obstructions. This revised project scope repaired sags in the existing lines and constructed a drop manhole to eliminate a problematic vertical anomaly. In addition to the repairs in Pomerado Road, a separate 8-inch collector sewer line in a nearby sewer easement had 55 1 of 2
August 2, 2022, Item #4feet of failing pipe replaced. A structural liner was added to the existing clay pipes resulting in increased longevity and resilience required to machine clean the pipe without causing damage. The project cost covered pipe repairs, sewer manhole installation, sewer bypassing, pipe liner installation, traffic control, and restoration of surface improvements. There were two change orders for this project, the sum of which decreased the contract amount by $11,591.30. The change orders included additional costs for an increased length of repairs added to the contract, costs related to a change in design due to unforeseen conditions, and a credit for work no longer needing to be performed. The quantity of pipe repairs differed from the plan due to conservative estimation during design of the extent of damaged pipe and the condition of the nearest pipe joint to connect new pipe. The design change was a result of groundwater conditions and unforeseen proximity of adjacent utilities. The final contract amount is $275,705.70. 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 in the Project account (SWR0001) for the release of retention. Funds remaining in the project after acceptance will be returned to the sewer enterprise fund (5200) for future projects. Public Notification: None. Attachments: None. Reviewed/ Approved By: Assistant City Manager 2 of2 Reviewed By: Alan Fenstermacher City Attorney City Manager
August 2, 2022, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway August 2, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services PA.A Andrea Thomas, Associate Civil Engineer°1¥ (858) 668-4605 or athomas@poway.org CITY COUNCIL Rejection of Received Bid for the FY 21-22 Annual Trash Capture Program Project; Bid No. 22-014, and Direction to Staff to Utilize an Informal Bidding Process to Award the Project A Notice Inviting Bids was duly advertised on June 2, 2022, for the FY 21-22 Annual Trash Capture Program project. One bid was received and opened on June 22, 2022. The single bid exceeded the engineer's estimate by $99,500.00. Per Municipal Code Section 3.28.070 (E), at its sole discretion, the City Council may reject all bids presented and re-advertise for bids in accordance with California Public Contract Code Section 20166. Recommended Action: It is recommended the City Council reject the received bid and authorize staff to proceed with an informal bidding process permitted by the California Uniform Public Construction Cost Accounting Act (CUPCCM) to award the contract. Discussion: The scope of work includes the installation of certified full trash capture devices in existing storm drain inlets and cleanouts in various locations in the South Poway Business Park. On June 22, 2022, the City received a single bid for $249,500.00 from Tri-Group Construction and Development. The bid exceeded the estimated cost by $99,500.00. Staff evaluated awarding the project to the contractor who submitted the bid, against using the recently adopted CUPCCM program for projects below $200,000. The informal bid process permitted under CUPCCAA consists of soliciting a minimum of three cost proposals from a list of pre-qualified contractors. The CUPCCM process was recently established by the City and was not available to staff at the time this project was advertised for construction. The CUPCCM process is informal and is the most efficient and cost-effective process available. By using CUPCCM, the City can reach out to specific contractors which increases the likelihood of receiving a favorable bid. Staff compared the submitted bid against recent bid data and current product costs. The comparison confirmed the engineer's 1 of 2
August 2, 2022, Item #5estimate of $150,000 was well within the range of expectation for the scope of this project, and suitable for the CUPCCAA informal bidding process. ' Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: None. Public Notification: None. Attachments: None. Reviewed/ Approved By: WmdYserman Assistant City Manager 2 of2 Reviewed By: Alan Fenstermacher City Attorney City Manager
August 2, 2022, Item #6AGENDA REPORT CityofPoway DATE: TO: FROM: CONTACT: August 2, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services -/,AA Jeff Beers, Special Projects Engineer !f;? (858) 668-4624 or jbeers@poway.org CITY COUNCIL SUBJECT: Award of Contract to Nu Line Technologies, LLC, for the FY 2022-23 CMP Annual Repair Project; Bid No. 23-001 Summary: This action will award a construction contract for the FY 2022-23 CMP Annual Repair project. The project includes repairing and placing cured-in-place pipe (CIPP) lining wi~hin existing corrugated metal pipe (CMP) in various locations. Recommended Action: It is recommended the City Council award the contract for the FY 2022-23 CMP Annual Repair project to Nu Line Technologies, LLC, in the amount of $82,679.00 and authorize the City Manager to execute the contract (Attachment A). Discussion: The FY 2022-23 CMP Annual Repair project is an annual Capital Improvement Program project. Storm drain piping that has outlived its useful life is reviewed and included in the annual program based on the severity of the pipe deterioration. This year's project includes five locations: Otis Place, Sam-0-Reno, Springvale Street, Taunt Road, and Utopia Road. The contract time for this project is 20 working days with an engineer's estimate of $300,000. The engineer's estimate was developed by using historical bid data from previous projects. Bids were opened on July 11, 2022. The following three bids were received: Company Total Bid Amount Nu Line Technologies, LLC $82,679.00 Sancon Technologies, Inc. $329,326.00 lnsituform Technologies, Inc. $358,562.00 1 of 10
August 2, 2022, Item #6Due to the large pricing difference in the received bids, staff contacted the lowest bidder, Nu Line Technologies LLC, (Nu Line), to understand the reason for the difference in pricing and to investigate if there was any error in their bid. Nu Line admitted to an error in one repeated line of work and indicated that most of the work in that line item was covered in other items of work. While acknowledging the error, Nu Line indicated they would keep the bid unit price as submitted and they wished to proceed with the project. Staff also compared the unit prices in the bid to a recent contract Nu Line completed as a sub-contractor. The findings of that review are the unit prices for similar work for the other project, were in fact close to the unit cost in the received bid. After review of the bidding documents and discussions with Nu Line, staff finds the bid documents to be responsive and Nu Line Technologies assured staff the project could be completed as specified in their bid. Environmental Review: The proposed CMP rehabilitation of existing storm drainage pipes with the 2022-2023 CMP Annual Repair project 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 an existing drainage system with no expansion of use. Fiscal Impact: There is sufficient funding available in the FY 2022-23 CMP Annual Repair project account (DR001) to award the contract. Public Notification: None. Attachments: A. Contract Reviewed/ Approved By: WendYerman Assistant City Manager 2 of 10 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch is Ha · e City Manager
August 2, 2022, Item #6SECTION 8 CONSTRUCTION CONTRACT CITY OF POWAY FY 2022-23 CMP ANNUAL REPAIR This Contract made and entered into this 3rd day of August, 2022, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Nu Line Technologies, LLC, hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows: 1. The complete Contract includes all of the Contract Documents, which are 2. 3. 3 of 10 incorporated herein by this reference, and include: a. This Contract b. Contract Addenda c. Contract Change Orders d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications f. Contract Plans g. General Condition h. Special Conditions i. Standard Specification for Public Works, most current edition The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: This project includes the rehabilitation of existing corrugated metal drainage pipes (CMPs) with the cured-in-place (CIPP) trench less lining process. Lining will include approximately 940 total linear feet of existing pipe. The work will include, but is not limited to, the following: cleaning storm drain pipes and structures, closed circuit television (CCTV) pipe inspection and video work, CIPP trench less lining, traffic control and all related and necessary work as defined in the contract documents. ATTACHMENT A 1
August 2, 2022, Item #64. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council. 5. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $82,679.00 the "Contract Price." 6. 7. 8. 9. 10. 4 of 10 City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 20 Working Days after the date specified in the Notice to Proceed. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum of $500.00 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code§ 1773.1. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. 2
August 2, 2022, Item #611. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours of labor constitutes a legal day's work, and§ 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813. 12. Contractor will comply with the provisions of Labor Code § 1777 .5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13. Contractor, by executing this Contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion of performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the 5 of 10 3
August 2, 2022, Item #66 of 10 aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same. Worker's Compensation Insurance: o Contractor has no employees and is exempt from workers' compensation requirements. o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings. e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor. 4
August 2, 2022, Item #616. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits. e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors. 17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 18. 7 of 10 officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under 5
August 2, 2022, Item #6the Contract Documents, such approval, extension, or consent must be in writing in order to be effective. 19. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract. 20. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 21. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract. 22. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. 23. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. 24. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 25. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. 26. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 27. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 8 of 10 6
August 2, 2022, Item #628. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 30. a. Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code: ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications: or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order. d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. 31. This Contract is to be governed by the laws of the State of California. 32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent} Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. 9 of 10 7
August 2, 2022, Item #6IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written. Contractor's Name: Print Name of Construction Company By: -----------Signature Print Name Contractor information: Address for Notices and Payments Telephone Number: ______ _ Email: ___________ _ ATTEST: Carrie Gallagher, CMG, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP Alan Fenstermacher, City Attorney 10 of 10 CITY OF POWAY a Municipal Corporation Chris Hazeltine, City Manager 8
September 2, 2022, Item #7AGENDA REPORT CityofPoway DATE: TO: FROM: CONTACT: August 2, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services M Jeff Beers, Special Projects Engineer (858) 668-4624 or jbeers@poway.org CITY COUNCIL SUBJECT: Award of Contract to Eastridge Engineering and Construction for the Caustic Soda Tank Replacement Project; Bid No. 23-002 Summary: This action will award a construction contract for the Caustic Soda Tank Replacement project. The project includes removing and replacing the existing fiberglass tank with a new fiberglass chemical tank. Recommended Action: It is recommended the City Council award the contract for the Caustic Soda Tank Replacement project to Eastridge Engineering and Construction, in the amount of $126,500.00 and authorize the City Manager to execute the contract (Attachment A). Discussion: The Caustic Soda Tank Replacement project will replace an existing chemical tank at the Lester J. Berglund Water Treatment Plant. The existing chemical tank has outlived its useful life and was taken out of service. The water treatment plant has a second caustic soda tank that is able to keep up with the current demand, therefore, this tank was able to be taken out of service for replacement. An initial project was advertised to rehabilitate the tank. The project was redesigned to replace the tank in lieu of rehabilitation after the original advertisement received only one bid that exceeded the project budget. The contract time for this project is 60 working days with an engineer's estimate of $130,000. Bids were opened on July 12, 2022. The following four bids were received: Company Total Bid Amount Corrected Amount Eastridge Engineering and Construction $126,500.00 Jennette Company, Inc. $219,500.00 Tharsos, Inc. $218,000.00 $220,000.00 Ahrens Mechanical $296,200.00 1 of 11
September 2, 2022, Item #7Environmental Review: The proposed replacement of an existing caustic soda tank 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 an existing system with no expansion of use. Fiscal Impact: There is sufficient funding available in the Caustic Tank Replacement account (WT032) to award the contract. Public Notification: None. Attachments: A. Contract Reviewed/ Approved By: Wendaserman Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney
September 2, 2022, Item #7SECTION 8 CONSTRUCTION CONTRACT CITY OF POWAY CAUSTIC SODA TANK REPLACEMENT This Contract made and entered into this 3rd day of August, 2022, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Eastridge Engineering and Construction, hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows: 1. The complete Contract includes all of the Contract Documents, which are 2. 3. 4. 3 of 11 incorporated herein by this reference, and include: a. This Contract b. Contract Addenda c. Contract Change Orders d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications f. Contract Plans g. General Condition h. Special Conditions i. Standard Specification for Public Works, most current edition, The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: The scope of work for this project includes the removal and disposal of an existing 10,000-gallon fiberglass caustic soda tank and installation of a new 10,000-gallon fiberglass tank complete with removing and reinstalling existing piping and appurtenances. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council. ATTACHMENT A 1
September 2, 2022, Item #75. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $126,500.00 the "Contract Price." 6. 7. 8. 9. 10. 11. 4 of 11 City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 60 Working Days after the date specified in the Notice to Proceed to gain approval of submittals, purchase materials and to complete the scope of work on site. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum of $500.00 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code § 1773.1. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours of labor constitutes a legal day's work, and§ 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each 2
September 2, 2022, Item #7calendar week by each worker employed by him in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813. 12. Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13. Contractor, by executing this Contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion of 5 of 11 performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, 3
September 2, 2022, Item #76 of 11 servants, volunteers and agents and independent contractors in performing the services required by this Agreement. c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same. Worker's Compensation Insurance: o Contractor has no employees and is exempt from workers' compensation requirements. o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings. e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, 4
September 2, 2022, Item #7volunteers, agents and independent contractors, that result from such failure by Contractor. 16. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits. e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors. 17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 7 of 11 officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are 5
September 2, 2022, Item #718. 19. 20. 21. 22. 23. 24. 25. 26. 8 of 11 determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such 6
September 2, 2022, Item #7manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 27. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 30. a. Contractor shall, without disturbing the condition, notify City, in writing, as 9 of 11 soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code: ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications: or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order. d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. 7
September 2, 2022, Item #731. This Contract is to be governed by the laws of the State of California. 32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank) 10 of 11 8
September 2, 2022, Item #7IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written. Contractor's Name: Print Name of Construction Company By: -----------Signature Print Name Contractor information: Address for Notices and Payments Telephone Number: Email: ------------ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP Alan Fenstermacher, City Attorney 11 of 11 CITY OF POWAY a Municipal Corporation Chris Hazeltine, City Manager 9
August 2, 2022, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway August 2, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services (AA. Austin Silva, Senior Planner 858-668-4658 or asilva@poway.org CITY COUNCIL Minor Conditional Use Permit (MCUP) 19-006 and Development Review (DR) 19-006; a request to construct a 4,791-square-foot automotive service building containing nine bays at 13747 Poway Road for the Poway Honda Dealership Poway Honda is requesting approval of a MCUP and DR to construct a 4,791-square-foot automotive service building containing nine bays at 13747 Poway Road. Recommended Action: It is recommended the City Council take public input, close the public hearing and adopt the Resolution (Attachment A) approving MCUP 19-006 and DR 19-006. Discussion: The applicant for the project is WD Partners and the owner is SRE California 11 PH, LLC. The project site consists of seven parcels totaling 3.72 acres and is located at 13747 Poway Road, as shown on the zoning and location map (Attachment B). It is located within the Automotive General Commercial (AGC) district of the Poway Road Specific Plan. The Poway Honda dealership currently occupies the site. The Poway Chrysler, Dodge, Jeep, Ram dealership is located to the west, and Lowes is located across Poway Road to the north. A future inventory lot for Poway Honda and single-family homes are located to the west across Gate Drive. Single-family homes are also located south of the Poway Honda Dealership. Poway Honda is requesting approval of a MCUP and DR to construct a 4,791-square-foot automotive service building. The proposed detached service building would be located to the west of the existing service shop and would supplement the existing 19 service bays as shown in the site plan (Attachment C). The existing automotive service use is located within the main building of the dealership containing the showroom and parts department. There is a detached building with offices west of the main building. 1 of 32
August 2, 2022, Item #82 of 32An automobile dealership is a permitted use in the AGC zone, which by itself does not require a MCUP. Because the dealership included an automotive service center when originally developed, a MCUP was required. Resolution P-02-06 approving MCUP 99-03 is included as Attachment D. A DR is required for the construction of the proposed automotive service building. This action is a modification to the existing MCUP for the expansion of the automotive service use at the existing dealership. The proposed automotive service building would be constructed of concrete blocks that would be painted white to match the existing service shop building, with a height of 22 feet, as shown on the building elevations included as Attachment E. A landscape planter is included on the south side of the building. Vehicles would enter the automotive service building through a roll-up door located on the east side of the building. The roll-up door and entrance to the building is visible only from the interior of the site, between the existing automotive service area and the proposed automotive service building. A noise study was prepared by Urban Crossroads in January 2022. The study determined noise levels at the adjacent residential properties (51.2 dBA Leq) would be consistent with the noise level standards of the Poway Municipal Code (55 dBA Leq). Poway Honda is also proposing to replace two chain link fences and rolling gates with a six-foot-tall CMU block wall that would be painted white to match the existing and proposed automotive service buildings. The new rolling gates would be wrought iron with metal panels. One gate is located between the main dealership building and the east property line wall, and the other is located between the existing automotive service area of the main dealership and the south property line. Additional trees will be planted in the existing landscape planter along the inside of the south property line. The new automotive service building would remove 38 parking spaces. There are enough parking spaces located on the project site to satisfy the required parking for the dealership with removal of the 38 parking spaces. Table A below details the parking required and provided for the Poway Honda dealership. Other than the addition of more service bays, business operations for the dealership would remain the same. The dealership has submitted in writing (Attachment F) that vehicles will not be delivered or picked up on site or on Gate Drive. Table A -Parking Use Parking Ratio Parking Required Parking Provided Automotive Service (28 2 spaces/service bay + 28 x 2=56 + 4 spaces = 60 service bays) 4 spaces spaces Auto Sales (15,077 sq. 1 space/400 sq. ft. of 15,077/400 = 37.69 or 38 ft.) gross floor area spaces (rounded up) Employees (65) 1 per employee (Per 65 spaces MCUP) 303 spaces (including Total 163 spaces inventory lot) Neighborhood Meeting A neighborhood meeting was held on July 18, 2022, to discuss the proposed project. Neighborhood meeting notices were mailed to 98 property owners and tenants within 500 feet of the auto dealership. There was one resident that attended the neighborhood meeting who wanted more detailed information about the project. She also was concerned about construction of the inventory lot and the automotive service shop occurring at the same time. The applicant explained to her construction would occur at different times.
August 2, 2022, Item #8Environmental Review: The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 32 Categorical Exemption, pursuant to Section 15332 (In-fill development projects) of the CEQA Guidelines, in that the project is consistent with the General Plan and zoning designation and occurs on a developed property that is less than five acres and is substantially surrounded by urban uses. Fiscal Impact: While there are too many factors to estimate the financial benefits to the City, expansion of the service shop is anticipated to increase the City's property tax and sales tax revenues. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, July 21, 2022. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Site Plan D. Resolution P-02-26 approving MCUP 99-03 E. Automotive service building elevations F. Pickup and Delivery Statement Reviewed/ Approved By: {I ~ Wendeaserman Assistant City Manager 3 of32 Reviewed By: Alan Fenstermacher City Attorney
August 2, 2022, Item #8RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT 19-006 AND DEVELOPMENT REVIEW 19-006 TO ALLOW FOR THE CONSTRUCTION OF A 4,791-SQUARE-FOOT AUTOMOTIVE SERVICE BUILDING, CONTAINING NINE SERVICE BAYS, AT 13747 POWAY ROAD. ASSESSOR PARCEL NUMBERS: 317-190-15, 317-190-16, 317-190-17, 317-190-18, 317-190-20, 317-190-28, and 317-190-39 WHEREAS, the City Council considered Minor Conditional Use Permit (MCUP) 19-006 and Development Review (DR) 19-006 for the construction of a 4, 791-square-foot automotive service building, containing nine service bays for the Poway Honda dealership located at 13747 Poway Road within the Automotive General Commercial (AGC) land use district of the Poway Road Specific Plan (PRSP); WHEREAS, on May 18, 1999, the City Council approved MCUP 99-03 and DR 99-06 to construct a 22,550-square-foot automobile dealership and service center on a 3.63-acre property located at 13747 Poway Road; WHEREAS, on October 2, 2001, pursuant to Section 17.48.150 of the Poway Municipal Code (PMC), the City Council directed staff to set a public hearing to modify or revoke MCUP 99-03 due to Poway Honda's failure to comply with the project Conditions of Approval and the requirements of the PMC; WHEREAS, on December 11, 2001, the City Council determined additional project conditions of approval related to MCUP 99-03 and DR 99-06 are necessary to protect the integrity of the adjacent residential neighborhood and requested the applicant to submit a request for a rehearing of MCUP 99-03 and DR 99-06; WHEREAS, on December 21, 2001, the applicant submitted, pursuant to Chapter 2.21 of the PMC, a request for rehearing of the December 11, 2001 City Council action and on January 8, 2002, the City Council accepted the request and scheduled the item for rehearing; WHEREAS, on February 5, 2002, the City Council held a rehearing of MCUP 99-03 and DR 99-06 and determined that additional project Conditions of Approval were necessary to protect the integrity of the adjacent residential neighborhood; WHEREAS, on January 21, 2020, the City Council approved MCUP 19-003 to allow for a 0. 79-acre automotive inventory storage lot for the Poway Honda dealership located at 13715 Poway Road; WHEREAS, on August 2, 2022, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against relative to MCUP 19-006 and DR 19-006; 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. 4of32 ATTACHMENT A
August 2, 2022, Item #8Resolution No. 22-Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 32 Categorical Exemption, pursuant to Section 15332 (Accessory Structures) of the CEQA Guidelines, in that the project is consistent with the General Plan and zoning designation and occurs on a developed property that is less than five acres and is substantially surrounded by urban uses. SECTION 3: The findings, pursuant to Section 17.48.070 of the PMC, to approve MCUP 19-006 to allow the expansion of an automotive service use, are made as follows: 5 of 32 A. The location, size, design and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations), the General Plan, and the development policies and standards of the City in that the expansion of the automotive service building is permitted with the approval of a MCUP modification and will otherwise comply with all of the relevant codes and standards of the City of Poway. B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the automotive service building has been designed so that the door and only opening to the building faces east. Additionally, a noise impact analysis was prepared by Urban Crossroads in January 2022. The noise impact analysis determined that the operational noise impacts for the proposed automotive service building are considered less than significant. Exterior lighting will be required to comply with the PMC to avoid impacts to surrounding residential uses. C. The harmony in scale, bulk, coverage, and density of the project is consistent with adjacent uses in that the proposed automotive service building adheres to the development standards for the AGC district. Further, 15-gallon trees planted at 20 feet on center are required to be planted and maintained along the rear property line. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed use. E. The automotive service building has been sited to comply with the General Plan and PMC standards. Conditions of approval are required of the automotive service use which are intended to minimize the potential for negative impacts to the surrounding residential uses. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. F. The construction of the automotive service building will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan. G. The site is suitable for the type and intensity of use or development that is proposed in that the automotive service building meets the development standards for the AGC
August 2, 2022, Item #8district and there is sufficient parking available onsite. Resolution No. 22-Page 3 H. There will not be significant harmful effects upon environmental quality and natural resources in that the automotive service building is an expansion of an existing automotive service use on a developed property. I. There are no relevant negative impacts of the proposed use that cannot be mitigated. J. An automotive service use is a permitted use with the approval of a MCUP. The impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to _the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan. K. The proposed use will comply with each of the applicable provisions of PMC Title 17 (Zoning Ordinance). SECTION 4: The findings for DR 19-006, in accordance with the PMC 17.52.010 Purpose of Development Review, are made as follows: A. The project has been designed to be architecturally compatible with surrounding development and conforms to the Poway Road Specific Plan development standards and design guidelines. Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City. B. The project has been designed to minimize impacts on surrounding development by utilizing a compatible architectural design consistent with the existing automotive service building and the Poway Road Specific Plan. Therefore, the proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the City. C. The granting of the DR would not be materially detrimental to the public health, safety or welfare within the community since the proposed automotive service building will comply with the development standards for the AGC district. Additionally, a noise impact analysis was prepared by Urban Crossroads in January 2022. The noise impact analysis determined that the operational noise impacts for the proposed automotive service building are considered less than significant. Exterior lighting will be required to comply with the PMC to avoid impacts to surrounding residential uses. D. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan and the Poway Road Specific Plan. SECTION 5: The City Council hereby approves MCUP 19-006 and DR 19-006 as shown on the approved plans incorporated by reference herein as shown on the approved plans stamped as "Exhibit A" and dated August 2, 2022 on file in the Development Services Department, except as noted herein and subject to the following conditions: 6 of 32 A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments,
August 2, 2022, Item #87 of 32 Resolution No. 22-Page 4 or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to MCUP 19-006 and DR 19-006) and any environmental document or decision made pursuant to CEQA. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. B. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped "Exhibit A," dated August 2, 2022 on file in the Development Services Department. If actual conditions and details vary from representations, the approved plans must be changed to reflect the existing site conditions and proposed project details. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans C. Conditions of Approval listed in Resolution P-02-06 approving MCUP 99-03, DR 99-06, are fully incorporated herein by this reference except as modified in this Resolution for MCUP 19-006 and DR 19-006. The project shall comply with all conditions of approval and mitigation measures established under previous project entitlements unless otherwise modified or superseded by these conditions of approval contained herein as determined by the Director of Development Services. D. Prior to issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. E. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. F. The conditions for the project shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. G. The Minor Conditional Use Permit may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. H. Prior to issuance of the Building Permit, unless other timing is indicated, the following
August 2, 2022, Item #88 of 32 conditions shall be complied with: Resolution No. 22-Page 5 1. Please note a Floodplain Development Permit will be required for any work within the limits of the floodplain. 2. All spoil materials from footings and foundations shall be legally disposed of off-site or if the material is to remain onsite, the material shall be placed per the requirements of the City grading ordinance. 3. The applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 4. The applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at time of permit issuance. 5. The applicant shall pay the storm water pollution inspection fee and minimum erosion control deposit according to the latest adopted master fee schedule. 6. The property owner shall execute an approved Storm Water Trash Facilities Maintenance Agreement (SWTFMA) accepting responsibility for all structural Best Management Practices (BMPs), perpetual maintenance, repair and replacement as outlined in the Operations and Maintenance Plan. The SWTFMA requires an easement granted to the City of Poway. The applicant shall submit 8.5 by 11-inch exhibits of the legal description, site plan, operations and maintenance plan, and easement plat and legal (if applicable) to the project engineer for approval. 7. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer, in accordance with the submittal and content requirements listed in the PMC shall be approved. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100 percent complete at the time of submittal and ready for approval. The applicant shall pay the improvement plan check fees according to the latest adopted master fee schedule. The plan shall include, at a minimum, the following features: a. A fire hydrant to service the project. b. A plat and legal description for a minimum 20' wide water easement shall be submitted to accommodate the public water main on the project site. Note: The proposed public water easement is labeled as 10 ft wide on sheet 3 of the current Engineering plans. 8. The applicant shall enter into a Standard Agreement for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for public improvements in accordance with the PMC Section 16.20. 9. The applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. The applicant's action plan that identifies measures to be implemented during construction to address
August 2, 2022, Item #89 of32 Resolution No. 22-Page 6 erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 10. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 11. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. (Planning) 12. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels. 13. Landscape and irrigation plans shall be submitted and approved. Landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 of the PMC, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. This includes but is not limited to the submittal of an irrigation audit report, pursuant to Section 17.41.110 of the PMC, prior to final inspections. The landscape and irrigation plan submittal is separate from other project plan check submittals and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. The plans shall incorporate the following requirements: a. Installation of 15-gallon trees, placed 20 feet on-center along the south property line. b. Installation of shrubs in the landscape planter located on the south side of the proposed automotive service building. I. Prior to occupancy, the following conditions shall be complied with: 1. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 2. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy. 3. All utility services shall be installed and completed by the property owner, and inspected and approved by the Engineering Inspector. 4. The applicant shall install approved trash treatment devices per the Storm Water Trash Facilities Maintenance Agreement to the satisfaction of the Engineering
August 2, 2022, Item #8Inspector. Resolution No. 22-Page 7 5. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. 6. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 7. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project. 8. After completion of all work, record drawings of the improvement plans, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.1308 of the Grading Ordinance. Approval of record drawings is required prior to issuance of occupancy and release of grading securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended. (Planning) 9. Landscape and irrigation shall be installed and maintained in accordance with the approved landscape and irrigation plans on file with the City of Poway Planning Division. All landscaping shall be maintained in a thriving condition. 10. The site shall be cleared of all construction materials, supplies, and equipment. J. Upon occupancy the following conditions shall apply: 10 of 32 1. All physical elements of the project shown on the approved building and landscape plans shall be substantially maintained per the approved plans, except as noted herein, to the satisfaction of the Director of Development Services. 2. All landscaped areas on-site shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. 3. Immediate removal of graffiti and any other type of offensive debris is required. 4. Pursuant to PMC 10.28.080, Gate Drive and its adjoining neighborhood will be designated a no loading or unloading zone to facilitate the movement of vehicles within Gate Drive that is frequently restricted by automobile delivery vehicles. The applicant will be responsible for the costs associated with the fabrication and installation of the warning signs in the public right-of-way by the Public Works Department. The sign content, locations and number of signs will be determined by the Director of Development Services. 5. All loading and unloading of vehicles onto vehicle carriers must take place at the City's dealership inventory lot on Kirkham Way.
August 2, 2022, Item #811 of 32 Resolution No. 22-Page 8 6. Test driving of vehicles is prohibited in the adjacent residential neighborhood. 7. The delivery of new or used vehicles to the site by trucks is prohibited. The loading or unloading of vehicles on automobile carriers is prohibited. Other deliveries and pickups, involving vehicle movements, are restricted to between the hours of 8:00 a.m. and 5:00 p.m. Monday through Saturday. 8. Any fences, walls or signs proposed for this development shall be designed and approved in conformance with the PRSP to the satisfaction of the Director of Development Services. K. The applicant shall comply with the following requirements to the satisfaction of the Director of the Safety Services (Fire Department): 1. Approved fire hydrants shall be located within 400 feet of all exterior walls as measured by an approved route. A new water main and fire hydrant shall be located on the east side of the proposed project. The location shall be approved by the Fire Department. 2. The building shall display the approved numbers and/or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and meet the City of Poway standards. The building address shall also be displayed on the roof in a manner satisfactory to the fire code official, and meeting Sheriff Department-ASTREA criteria. 3. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather paved driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. This 20-foot access width is the minimum required for Fire Department emergency access. In most cases, City Engineering standards will be more restricting. The more restrictive standard shall apply. The Fire Chief, pursuant to the City of PMC, shall approve the road surface type. 4. The building shall be equipped with an approved fire sprinkler system meeting PMC requirements. The entire system is to be monitored by a central monitoring company. Backflow valve assemblies with tamper switches shall be monitored. The City Fire Marshal shall locate these fire protection devices prior to installation. Two separate plan submittals to the fire department will be required, one for the fire sprinkler design and the second for the fire service underground. A water analysis will be required. 5. Installing Fire Sprinkler AND Underground Fire Service Contractor(s) shall obtain a copy of the fire department's "Policies for Automatic Fire Sprinkler Systems". 6. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit man door or shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." When the closet method is chosen, applicant shall provide 36 inches of clearance from the standpipe or attached additional risers, accessible by a 3'-0" man door.
August 2, 2022, Item #8Resolution No. 22-Page 9 7. A properly licensed contractor shall install an automatic fire alarm system to approved standards. System shall be completely monitored by a UL listed central station alarm company or proprietary remote station. 8. A metal sign with raised letters at least 1 inch (25mm) in size shall be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION or a combination thereof as applicable. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portions of the building served. 9. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. 10. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 11. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. 12. A2A 1 0BC fire extinguisher(s) are required for office areas every 3,000 square feet and 75 feet of travel distance. SECTION 6: The approval of MCUP 19-006 shall expire on August 2, 2024, at 5:00 p.m. unless the use of the inventory lot has been commenced in reliance on the MCUP approval or unless prior to the expiration a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. SECTION 7: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. II II II II II II II 12 of 32
August 2, 2022, Item #8Resolution No. 22-Page 10 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of August, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 13 of 32
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SONIC DEVELOPMENT, LLC
4401 COLWICK ROAD
CHARLOTTE, NC 28211
POWAY HONDA 13747 P(Ni[AY ROAD,
POWAY. CA 92064
submission:
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PL~NGENTITLEMENTS 06109/22
NOT FOR CONSTRUCTION
PROPOSED SITE
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August 2, 2022, Item #8RESOLUTION NO. P-02-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA RESCINDING CITY COUNCIL RESOLUTION NO. P-01-64 AND APPROVING MODIFICATIONS TO MINOR CONDITIONAL USE PERMIT 99-03 AND DEVELOPMENT REVIEW 99-06 ASSESSOR'S PARCEL NUMBER 317-190-15, 16, 17, 18, 20, 28 and 39 WHEREAS, on May 18, 1999, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to Minor Conditional Use . Permit 99-03 and Development Review 99-06, submitted by First America Automotive, applicant; and approved the request to construct an auto dealership on a 3.63-acre property located at 137 41-13761 Poway Road within the Automotive General Commercial zone. The project consists of a 22,550-square-foot new car showroom/service building, a 1,572-square-foot detached used car showroom building, and a combined total of 75 employee/customer parking stalls; and WHEREAS, pursuant to Section 17.48.150 of the Poway Municipal Code, the City Council determined, on October 2, 2001, to set a public hearing to modify or revoke MCUP 99-03 due to Poway Honda's failure to fully comply with the project Conditions of Approval and all the requirements of the Poway Municipal Code; and, WHEREAS, on December 11, 2001, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to Minor Conditional Use Permit 99-03 and Development Review 99-06 and determined that additional project Conditions of Approval are necessary to protect the integrity of the adjacent residential neighborhood. WHEREAS, on December 21, 2001, the applicant submitted, pursuant to Chapter 2.21 of the Poway Municipal Code, a request for rehearing of the December 11, 2001 City Council action and on January 8, 2002, the City Council accepted the request and scheduled the item for re-hearing. WHEREAS, on February 5, 2002, the City Council held a duly advertised public hearing for a rehearing of the applications and to solicit comments from the public, both pro and con, relative to Minor Conditional Use Permit 99-03 and Development Review 99-06 and determined that additional project Conditions of Approval are necessary to protect the integrity of the adjacent residential neighborhood. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: The City Council finds that the project has been adequately addressed in, and is within the scope of, the Mitigated Negative Declaration (MND) approved in conjunction with MCUP 99-03/DR 99-06 dated May 18, 1999. 16 of 32 ATTACHMENT D
August 2, 2022, Item #8Resolution No. P-02-06 Page2 The subject Environmental Initial Study and MND documentations are fully incorporated herein by this reference. The City Council further finds on the basis of the whole record before it that there is no substantial evidence the project will have a significant impact on the environment. Section 2: The findings for Minor Conditional Use Permit 99-03, pursuant to Section 17.48.070 of the Poway Municipal Code, are made as follows: A. The project is consistent with the Poway Road Specific Plan and the Poway General Plan in that auto repair and service uses are allowed within the Automotive General Commercial zone with the approval of a Minor Conditional Use Permit. B. That the location, size, design, and operating characteristics of the use, as conditioned, will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, structures, or natural resources, in that: 1. The auto service operation will be conducted within a building designed to buffer noise from the residential neighborhood to the south. 2. An 8-foot-high masonry wall is required along the southerly property line to buffer the use from the residential neighborhood to the south. 3. Lighting has been designed to not spill over on to adjacent residential properties and is required to be dimmed after 11 :00 p.m. 4. Amplified sound generated by the business will be restricted. 5. The hours of operation for automobile service activities (including the car wash) are restricted to between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, 8:00 a.m. to 1 :00 p.m. Saturday, with no service work (including the car wash) on Sundays. 6. Test driving of vehicles is prohibited in the adjacent residential neighborhood. 7. The delivery of for-sale new or used vehicles to the site by truck is prohibited. 17 of 32 Other deliveries are restricted to between daytime business hours of 8:00 a.m. and 5:00 p.m. Monday through Saturday. 8. Employee parking is prohibited from occurring in the adjacent residential neighborhood and, to ensure compliance, the applicant is required to be proactive in advising their employees of this requirement; maintaining a minimum of 75 on-site parking spaces for employees and customers.
August 2, 2022, Item #8Resolution No. P-02-06 Page3 C. That the scale, bulk, coverage, and density is consistent with adjacent uses, in that the use will be located on a site that will be developed in accordance with established City zoning and development guidelines for commercial projects. D. That there are available public facilities, services, and utilities to serve the use. E. That there will not be a harmful effect upon desirable neighborhood characteristics, in that a number of Conditions of Approval are required of the project to minimize the potential for negative impacts on the adjacent residential neighborhood. F. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element in that the traffic volumes generated by the use can be readily handled by Poway Road. G. That the site is suitable for the type and intensity of use and development proposed in a designated commercial site designed to comply with all City development standards. H. That there will not be significant harmful effects upon the environmental quality and natural resources in that the partially developed subject property will be completely redeveloped and the use will operate within a building designed to accommodate auto service and repair use. I. That there are no other relevant impacts of the proposed use that cannot be mitigated. Section 3: The City Council finds that, based on ongoing documented complaints from citizens, the additional Conditions of Approval applied to the project as part of the Modification of MCUP 99-03/DR 99-06 are necessary to ensure compliance with the project's original Conditions of Approval and the requirements of the Poway Municipal Code, and to protect the integrity of the adjacent residential neighborhood. Section 4: The City Council finds that the restrictions of vehicular access to/from the site, and the accompanying physical improvements, and the restrictions regarding the delivery of for-sale new or used vehicles to the site, are necessary to protect the integrity of the adjacent residential neighborhood immediately to the south of the project site, in that City Council may establish special performance standards businesses as part of the Minor Conditional Use/Development Review process to ensure compatibility of adjacent land uses Section 5: The City Council finds that the restriction of the car wash hours of operation is necessary to protect the integrity of the adjacent residential neighborhood immediately to the south of the project site, in that City Council may establish special performance standards for noise as part of the Minor Conditional Use/Development Review process to ensure compatibility of adjacent land uses. 18 of 32
August 2, 2022, Item #8Resolution No. P-02-06 Page4 Section 6: The findings for Development Review 99-06, pursuant to Section 17.52.01 O of the Poway Municipal Code, are made as follows: A. The approved project will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties, because the site and the buildings have been designed in accordance with the Zoning Ordinance with consideration for scale, size, orientation and architectural style, to provide a well balanced project. B. The development is in compliance with the City of Poway development standards. C. The development encourages the orderly and harmonious appearance of structure and property within the City through its consistency with the Zoning Ordinance, the Poway Road Specific Plan and the Poway General Plan, which provides high standards for development. Section 7: The City Council hereby approves a modification to Minor Conditional Use Permit 99-03 and Development Review 99-06 for an auto dealership on a 3.63-acre property located at 137 41-13761 Poway Road within the Automotive General Commercial zone subject to the conditions below. The project consists of approximately 22 ,550-square-feet of a new car showroom/service building, a 1,572-square-foot detached used car showroom building, and a-: combined total of 75 employee/customer parking spaces. Conditions, which constitute mitigation requirements, are designated by the use of an asterisk (*). A. Within 30 days of approvalt (a) the applicant shall submit in writing that all Conditions of Approval have been read and understood, and (b)the property owner shall execute a Covenant Regarding Real Property. B. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and commercial uses. C. This Minor Conditional Use Permit shall be subject to annual review bythe Director of Development Services for compliance with the Conditions of Approval and to address concerns that may have occurred during the past year. If the permit is not in compliance with the Conditions of Approval, or the Development Services Department has received complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification of the use permit. D. The applicant shall submit and maintain a $1,000 deposit with the Planning Division to cover the cost of staff time associated with monitoring and enforcement activities for the project. 19 of 32
August 2, 2022, Item #8Resolution No. P-02-06 Page 5 E. No for-sale vehicles, new or used, shall be delivered by truck to the site or from streets adjacent to the site. Vehicles shall either be delivered to 13742 Poway Road, or to the off-site vehicle delivery/storage site (which is planned for location on Kirkham Road) and then individually driven to the site. The applicant shall actively participate with other auto dealers in the establishment of an offsite vehicle delivery/storage facility. The applicant shall not be financially obligated for the use of the facility until it commences its use of the facility. The cost to the applicant shall not exceed the fair rental value of the property or portion thereof. The applicant shall be responsible for advising all vehicle transporters of the applicable delivery location. F. The applicant shall submit a $2,500 deposit with the Planning Division to cover the cost of a noise study to be prepared by an independent. qualified acoustical professional. The study shall identify existing noise levels created by the car wash facility, potential mitigation measures, and projected noise levels created by the car wash facility with mitigation measures. Should the study conclude that noise could be mitigated to levels lower than that which currently exists, the applicant shall implement the recommended mitigation of the noise study to the satisfaction of the Director of Development Services. After installation of the mitigation identified in the noise study, the applicant may submit a formal request to amend CUP 99-03/DR 99-06, with the applicable review fees, to allow extended hours of operation for the car wash facility. An additional noise study, which documents the noise levels created by the car wash facility with mitigation in place, shall accompany the application. Demonstration that noise levels can be mitigated to a level lower than existing does not automatically entitle the applicant to extend the hours of operation for the car wash facility. The request will be considered by the City Council at a public hearing. G. Ingress and egress to the site from the two drive ways along Gate Drive shall be restricted and improved as follows: The northerly drive way shall be restricted to right turn out only (with no restricted ingress turns). Redesign and physical modification of the northerly drive way is required, and shall involve construction of an angled exit lane and raised divider to guide right only turns, or other equally effective design. The southerly drive aisle shall be restricted to ingress only. A spike strip, and appropriate warning signage, shall be installed along the driveway, outside of the public right of way. Prior to the installation/construction of improvements the applicant shall submit plans for the review and approval of the City Traffic Engineer and the Director of Development Services. H. Upon occupancy, the applicant shall comply with the following conditions, unless other timing is indicated: 20 of 32 1. *Outdoor lighting shall be shielded so that no light spillage shall encroach into adjoining residential properties or onto Poway Road. After 11 :00 p.m., all
August 2, 2022, Item #821 of 32 Resolution No. P-02-06 Page6 lighting shall be low-pressure sodium with overall wattage keptto a minimum in areas closest to the residential neighbors. Automatic timers shall be installed to insure compliance with the dark sky/low pressure sodium light requirement. The maximum height of freestanding light posts shall not exceed 18 feet. 2. *No amplified sound shall be generated by the business; this includes but is not limited to paging, public address systems, music systems, security systems, or any other such device, which may generate noise audible to the surrounding residents. 3. * All repair and maintenance work shall be conducted within work bays. Mechanical equipment shall be sound buffered so as to produce the least audible noise possible to surrounding residents. The use of equipment, such as air tools and compressors, and the car wash shall be limited to between the hours of 8:00 a.m. and 5:00 p.m., Monday to Friday, and 8:00 a.m. and 1 :00 p.m. on Saturday. The service area shall not be opened for business on Sundays. 4. *No vehicles are permitted to be road tested within the residential neighborhood to the south. 5. *Deliveries (excepting the delivery of for-sale new or used vehicles which is subject to the standards specified in Condition of Approval E) shall be restricted to the daytime business hours of 8:00 a.m. to 5:00 p.m. Monday through Saturday. 6. Employee parking shall be prohibited within the residential neighborhood. The applicant shall provide all of its employees with a written parking policy that states the employees shall not park in the adjacent residential neighborhood. The applicant shall ensure that adequate parking for customers and employees is provided onsite at all times. 7. A minimum of 75 employee and customer parking spaces designated on the approved site plan on file with the City shall be designated as such with signage painted on the asphalt and shall at all times be kept free of vehicle for sale product. 8. To insure compliance with the traffic, parking and noise mitigation conditions, the business owner shall provide a summary of the performance standards noted in this application permit to all managers, employees, new employees, and business representatives that have the potential to violate the noted conditions.
August 2, 2022, Item #822 of 32 Resolution No. P-02-06 Page 7 9. If the City determines to establish a residential parking program for the adjacent residential neighborhood to minimize the potential for Poway Honda overflow parking impacts to the neighborhood, the applicant shall be financially responsible to cover all the costs associated with the implementation of the program. 10. The applicant shall provide all employees with a map of the route to be used to test drive vehicles. The route shall not include Gate Drive or Fairgate Drive. 11. The right turn only sign shall be maintained at the driveways onto Gate Drive. 12. The service bays shall not be used by employees or any other person after normal business hours to repair, wash, paint or otherwise work on any vehicle, truck, or motorcycle. 13. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. 14. The Poway Road elevation of the new car showroom building plans are approved as follows: (a) The exterior finish of the entry rotunda and the 12-inch x 12-inch accent wave band may be metal, and (b) the color of the rotunda and accent band may be 11Honda blue. 15. The appropriate Building Division approvals and fees shall be received prior to Building Permit issuance. 16. All new utilities shall be installed underground. Completion of undergrounding shall be prior to issuance of a Certificate of Occupancy. 17. School impact fees, which are presently $0.33 per square foot of assessable area, shall be paid prior to issuance of building permits. 18. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 19. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of bui:ding permit issuance. -----------------------------------
August 2, 2022, Item #823 of 32 Resolution No. P-02-06 Page8 20. *A slump block wall, a minimum of 8 feet in finished height when measured from the interior of the dealership property, shall be constructed along the southerly property line prior to certificate of occupancy. 21. Trash receptacles shall be enclosed by 6-foot-high masonry walls with view-obstructing gates pursuant to City standards. Locations shall be subject to approval by the Development Services Department prior to building permit issuance. 22. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view and sound buffered from adjacent properties and streets as required by the Development Services Department. 23. *Wash bays and all areas involved with car maintenance shall be designed to drain to sumps containing clarifier and separator systems which will adequately remove waste byproducts. The remaining water will be plumbed to the public sewer system. Design details shall be required upon building plan check submittal. 24. Complete landscape construction documents shall be submitted to and approved by the Development Services Department prior to the issuance of building permits. Plans shall be prepared in accordance with City of Poway Guide to Landscape Requirements (latest edition). This is a separate permit submittal to the Poway Development Services Department and a separate plan check from the building department. 25. A concrete curb shall be constructed along the inside and outside of the landscape planter proposed along the easterly property line to define and contain the landscaping soil. 26. Landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the property owner. 27. *Prior to grading permit issuance, the hazardous materials clean-up shall be completed in accordance with the Woodward-Clyde report on file in the Development Services Department and post clean-up testing has been certified by the County Hazardous Management Department. 28. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted.
August 2, 2022, Item #824 of 32 Resolution No. P-02-06 Page9 29. All signs proposed for this project shall be designed and approved in conformance with the Poway Sign Ordinance. 30. A minimum of one parking stall per 400-square-feet of gross floor area is required for the project. Each of the required parking spaces shall have minimum dimensions of 8.5 feet x 18.5 feet. 31. Project driveway entrances shall be enhanced with enriched paving. 32. All parking lot landscaping shall include a minimum of one 15-gallon size tree for every three spaces. For parking lot islands, a minimum 12-inch wide walk adjacent to parking stalls shall be provided and be separated from vehicular areas by a 6-inch high, 6-inch wide Portland concrete curb. 33. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum 25-foot-wide emergency access shall be provided and maintained free and clear at all times during construction in accordance with Safety Services Department requirements. 34. Permit and plan check fees shall be paid upon submittal of the grading plan. Development fees, including but not limited to, domestic and irrigation water service fees, remaining sewer connection, sewer cleanout, and sewer inspection fees shall be paid prior to Building Permit issuance. 35. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices. 36. A grading plan for the development of the property, prepared on a standard sheet of mylar and drawn at a scale of 1" = 20', shall be submitted to the City's Development Services Department for review and approval prior to issuance of a grading permit and start of grading operation. Rough grading of the site must be completed and shall meet the City's Development Services inspector's approval prior to issuance of a building permit. 37. Existing telephone, gas, electric•, water, sewer, and other public utility lines and appurtenances shall be shown on the grading plans. 38. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. Copies of the report shall be submitted with the grading plan. 39. All new slopes shall be a maximum of2:1 (horizontal to vertical). There shall be a 5-foot clearance between toe of slope and face of curb.
August 2, 2022, Item #825 of 32 Resolution No. P-02-06 Page 10 40. A final compaction report shall be submitted and approved prior to issuance of Building Permits. 41. A certification of line and grade, prepared by the project civil engineer, shall be submitted prior to issuance of Building Permits. 42. Erosion control, including but not limited to desiltation basins, shall be installed and maintained from October 15th to April 15th. An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The developer shall make provisions to insure the proper maintenance of all erosion control devices throughout their intended life. 43. All pavement structural sections shall be submitted to, and approved by the City Engineer. Pavement sections shall conform to the minimums required by the Poway Municipal Code Section 12.20.080. This includes the street, as well as the parking lot pavement. 44. All existing unused driveways to the property shall be removed, and full curb, gutter, and sidewalk shall be restored to the City of Poway s standards. 45. Weed and vegetation growth along the curb on Gate Drive shall be eliminated by the use of special weed killers, or other approved methods. 46. All damaged offsite public works facilities, including parkway trees, shall be repaired and replaced prior to exoneration of bonds and improvement, to the satisfaction of the Director of Development Services. 4 7. Prior to any work performed in the public right-of-way or City-held easements, a Right-of-Way Permit shall be obtained from the Engineering Services Division and appropriate fees paid, in addition to any permit required. 48. All proposed driveways to the site shall be alley apron type entries per Regional Standard Drawing G-17 with handicap ramps on both sides, or as otherwise approved by the City Engineer. 49. The proposed water and sewer connections for the new facility shall be made on Gate Drive, if possible, to avoid trenching and excavation on Poway Road. 50. A new streetlight shall be provided by the developer on Gate Drive and on Poway Road ~,er the City of Poway standards, at locations along the property frontage as approved by the City Engineer. --···--·····------------------------------------
August 2, 2022, Item #826 of 32 --Resolution No. P-02-06 Page 11 51. Intersection drains shall be required at locations specified by the Director of Development . Services and in accordance with standard engineering practices. 52. A drainage system capable of handling and disposing of all surface water originating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. Said drainage system shall include any qasements and structures as required by the Director of Development Services to properly handle the drainage. 53. Concentrated flows across driveways and/or sidewalk shall not be permitted. 54. Onsite valley gutters shall be minimum of 3 feet wide. 55. No parking space shall be allowed within City s easements unless otherwise approved by the Director of Development Services. 56. Applicant shall comply with City of Poway, State and Federal Regulations in regards to Storm Water Pollution control. 57. All proposed utilities within the project shall be installed underground. 58. Utility easements shall be provided to the specification of the serving utility companies an.d the Director of Development Services. 59. The developer shall be responsible for the relocation and undergrounding of existing public utilities as required. 60. Water, sewer and fire protection systems shall be designed and constructed to meet the requirements of the City of Poway and the County of San Diego Department of Health. 61. The need for the new fire hydrants will require the preparation of a water system analysis to establish the proper size and location of the public water system. The applicant shall pay to the City the cost of the preparation prior to the submittal of the grading plan. Water System Analysis fees are as follows, and they may.change at any time without prior notice: One Fire Serv~ce Two Fire Service More than Two Fire Services or looped Onsite System $1,250.00 $1,850.00 $2,800.00 62. This approval is based on the existing site conditions represented on the proposed site plan. If the actual conditions vary from representations, the site
August 2, 2022, Item #827 of 32 Resolution No. P-02-06 Page 12 plan must be changed to reflect the actual conditions. Any substantial changes to the site plan must be approved by the Director of Development Services, and may require approval of the City Council. 63. Prior to building permit issuance, appropriate water and sewer fees shall be paid to the City s Engineering Division. These fees are currently in effect and are subject to change: Sewer Connection Fee Sewer Cleanout Sewer Inspection Sewer Line Charge =$53,599.00 (based on a total of 91fixture units) =$50.00/lateral =$25.00/lateral =$ 7,600.00 (for connection on Gate Drive) =$ 8,000.00 (for connection on Poway Road) Corresponding sizes for water meters (not less than one inch in size) shall be determined by the applicant/developer. Depending on the size of water meters to be installed, the fees shall be the following: Meter Size Cost 1" $270.00 1.5" $600.00 2" $1,775.00 Lateral** $1,430.00 Cost Cost Base Capacity $6,678.00 $10,388.00 $16,694.00 SDCWAFee* $2,536.00 $4,755.00 $8,242.00 For a proposed meter size not listed above, please contact the Engineering Division. * This fee is subject to change without further notice. Applicable only to water meter for domestic use. The amount to be paid shall be that in effect at time of payment. ** No fee if installed by developer. 64. The following fees shall be paid or a security bond posted prior to issuance of a building permit. If a security bond is posted, payment of the fees shall be made prior to issuance of a Certificate of Occupancy. Once payment is received in full, said security bond could be released to the applicant: Traffic Mitigation Drainage Fee =$23,083.50 =$1,200.00 65. The seven lots shall be merged into one lot before occupancy is granted. 66. The applicant shall provide a traffic analysis and report to address existing and proposed development conditions to the Development Services
August 2, 2022, Item #828 of 32 Resolution No. P-02-06 Page 13 Department. The report will include project trip generation, distribution, and a traffic signal analysis of the intersection of Poway Road and Gate Drive. The report will identify the cost of a traffic signal and percentage of project trips in the intersection. The applicant will deposit with the City, funds sufficient to cover the project pro rata share of said cost prior to Certificate of Occupancy. If a traffic signal is not constructed within 10 years of project approval, the deposit shall be returned to the property owner upon request. 67. The traffic analysis and report shall include a review of site ingress and egress from Poway Road with recommendations for safe access. The site grading and improvement plan shall incorporate the recommendations. 68. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. 69. The building shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be 6 inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff s Department ASTREA criteria. 70. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. 71. The building will be required to install an approved fire sprinkler system meeting P.M.C. requirements. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation. 72. A Knox Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A Knox padlock shall be required for the fire sprinkler system Post Indicator Valve. 73. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed.
August 2, 2022, Item #8Resolution No. P-02-06 Page 14 7 4. Permanent access roadways for fire apparatus shall be designated as Fire Lanes with appropriate signs and curb markings. 75. Minimum 2A: 1 0BC fire extinguisher required for every 3,000 square feet and 75 feet of travel distance. 76. The addition of onsite fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. 77. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. 78. An Emergency Contingency Plan and Hazardous Materials Disclosure shall be filed with the County of San Diego Department of Health and copies provided to the Fire Department. 79. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City. 80. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building. 81. An automatic fire alarm system shall be installed to approved standards by a properly licensed contractor. System shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. 82. The parcel. is located within Landscape Maintenance District 86-38. Section 8: The terms and conditions of Minor Conditional Use Permit 99-03 and Development Review 99-06 shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits and the heirs, executors, administrators, successors and assigns of each of them, including municipal corporations, public agencies and districts. Section 9: Resolution No. P-01-64 is hereby rescinded. 29 of 32
August 2, 2022, Item #8Resolution No. P-02-06 Page 15 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 5th day of February 2002. ATTEST: STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-02-06, was duly adopted by the City Council at a meeting of said City Council held on the 5th day of February 2002, and that it was so adopted by the following vote: AYES: NOES: EMERY, GOLDBY, REXFORD, CAFAGNA NONE ABSTAIN: NONE ABSENT: HIGGINSON Lon A ne Peoples. City Clerk City o Poway N:\city\planning\02report\mcup\mcup9903( 4) reso2.doc 30 of 32 --·--------------------------
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August 2, 2022, Item #8§on Automoti January 25, 2022 RE: PICK UP AND DELIVERY STATEMENT POWAY HONDA This is to confirm that Sonic Automotive/ Poway Honda will not deliver or pick up vehicles on site or on Gate Drive . No deliveries or pick ups of any kind will occur on Gate Drive. Thank you for your time on this item. Regards, ~~ Martin Walsh Vice President Facilities Development Sonic Development LLC 32 of 32 ATTACHMENT F
August 2, 2022, Item # 9 DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway August 2, 2022 Honorable Mayor and Members of the City Council Audrey Denham, Director of Community Service~ Roger Morrison, Senior Management Analyste (858) 668-4581, rmorrison@poway.org CITY COUNCIL Resolution Amending the Poway Center for the Performing Arts Fees Within the Community Services Section of the Master Fee Schedule At a workshop in April 2021, the City Council directed staff to review the pricing, cost structure, and operations of the Poway Center for the Performing Arts (PCPA) with a goal of long-term reduction in the City's subsidy of the facility. Staff is currently preparing a Request for Proposals to select a consultant to perform a formal operational and fee study. In the interim, staff is recommending adjustments to rental and staff fees at the PCPA to keep pace with inflation. Recommended Action: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution Amending the Poway Center for the Performing Arts Fees Within the Community Services Section of the Master Fee Schedule. Discussion: The City Council and community support the mission of the PCPA to provide high-quality, professional programming, culturally enriching experiences for young people as both audience and participants, and performing arts presentations by community-based organizations. However, they have expressed concern about the ongoing annual operating subsidy paid for from the City's General Fund. Net subsidy of PCPA operations after subtracting revenue is estimated at $800,000 to $950,000 depending on each year's actual expenses and revenues. The City remains committed to ownership and operation of the PCPA and is taking a thoughtful and comprehensive approach to plan for the best and most sustainable future for the PCPA. At the direction of Council, staff is taking a variety of steps to achieve this goal: 1. Conducting a feasibility study to determine the possibility of an endowment fundraising campaign to help support PCPA operations and maintenance. 2. Negotiating cost sharing with the Poway Unified School District. 1 of9
August 2, 2022, Item # 9 3. Preparing a Request for Proposals for a professional mainstage presenter with an agreement that is more financially favorable to the City than the current agreement with Poway OnStage. 4. Preparing a Request for Proposals for a complete operational and fee study that will review all aspects of PCPA operations including booking, ticketing, concessions, policies and procedures, and fee structures. This study will produce recommended changes to implement best practices and/or other operational changes to improve efficiency, decrease the operating subsidy, and generate additional revenue for the facility. Because costs continue to rise, adding a CPI increase to existing fees is recommended to help maintain revenue and ensure fees do not fall farther behind while the comprehensive operational and fee study is being completed. The annual CPI increase for the San Diego-Carlsbad region last year was 5.21 %, and this is the amount proposed to be applied to the existing fees. If approved, the increase would take effect on September 1, 2022. This is a one-time adjustment, as staff anticipates presenting a new fee schedule to the City Council following completion of the upcoming fee study. The resulting fees are shown in the Resolution and redlined Fee Schedule included as Attachments A and B. Because there are special agreements governing the fees paid by Poway OnStage and Poway Unified School District, these fees in the Master Fee Schedule apply only to community group rentals. Use by rental groups, which drives cost, varies significantly in terms of hours, days and number of staff required based on performance complexity. Applying the fee modifications to some typical community group rentals shows how the increases would affect these groups: Rental Current Cost Cost+ CPI Increase Metropolitan Educational Theatre (Nonprofit) $19,140 $20,010 $870 Poway Symphony Orchestra (Nonprofit) $9,575 $9,915 $340 So Cal Dance Winter Recital (For-Profit) $5,675 $5,823 $148 Adjusting the fees by CPI would provide an estimated $10,000 in additional revenue in FY2022-23 based on current FY2022-23 projections adjusted by the CPI. The redlines also reflect some minor cleanup of language in the Fee Schedule to clarify the line items and ensure the schedule aligns with current operations. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Adoption of this Resolution would provide an estimated $10,000 in additional revenue next year based on current FY2022-23 projections. Public Notification: Notice of Public Hearing was published in the Poway News Chieftain on July 21 and July 28, 2022. 2 of9
August 2, 2022, Item # 9 Attachments: A. Resolution 8. Redlined Fee Schedule Reviewed/ Approved By: Wendy serman Assistant City Manager 3 of9 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
August 2, 2022, Item # 9 RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING THE POWAY CENTER FOR THE PERFORMING ARTS FEES WITHIN THE COMMUNITY SERVICES SECTION OF THE MASTER FEE SCHEDULE WHEREAS, on February 16, 2016, the City Council adopted Resolution No. 16-002, Amending the Poway Center for the Performing Arts Fees Within the Community Services Section of the Master Fee Schedule; WHEREAS, it is necessary to amend the Community Services Section of the Master Fee Schedule to update the staff, rental, and use fees of the Poway Center for the Performing Arts in order to improve recovery of the cost of providing theater services and rental to user groups. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: Those rental client fees for the Performing Arts Center presented at this meeting, and set forth in Exhibit 1 to this Resolution, are hereby approved and adopted, and shall be effective September 1, 2022. SECTION 2: Effective September 1, 2022, the Poway Center for the Performing Arts items in the Community Services section to the City's Master Fee Schedule are deleted and replaced with the Poway Center for the Performing Arts items in the Community Services Section to the Master Fee Schedule attached to this Resolution as Exhibit 1 as if set forth in the Master Fee Schedule in full, therein. SECTION 3: This Resolution shall become effective immediately provided, however, that the fees and charges contained in Exhibit 1 shall not take effect until September 1, 2022. 4of9 ATTACHMENT A
August 2, 2022, Item # 9 Resolution No. 22-Page 5 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the second day of August, 2022, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of 9
August 2, 2022, Item # 9 Exhibit 1: Revised Fee Schedule Poway Center for the Performing Arts N/C A PCPA-AII Areas Except Courtyard: $ Non-Profit Group hourly 1,518 rate six-hour minimum $ 1,896 For-Profit Group hourly rate N/C A PCPA -All Areas Except Courtyard: Non-Profit Group hourly additional hours $ 253 rate $ 316 For-Profit Group hourly rate N/C A Courtyard Non-ProfiUFor-Profit Group $ 105 hourly rate N/C A Lobby Non-ProfiUFor-Profit Group $ 105 hourly rate N/C A Green Room Non-ProfiUFor-Profit Group $ 55 hourly rate Poway Center for the Performing Arts (204020) Rental Deposits First day $ 300 Each additional day $ 150 Cleaning/Damage Deposits PCPA $ 300 refundable cleaning/damage deposit Cancellation Fees -if applicable PCPA full deposit forfeit Staffing Fees -Per Hour Technical Theatre Coordinator eight $ 32 per hour (8) hours/day Technical Theatre Coordinator in $ 42 per hour excess of eight (8) hours/day Stage Technician eight (8) hours/day $ 24 per hour Stage Technician in excess of eight $ 36 per hour (8) hours/day Front of House Coordinator eight (8) $ 32 per hour hours/day Front of House Coordinator in $ 42 per hour excess of eight (8) hours/day Front of House Assistant eight (8) $ 21 per hour hours/day 6 of9
August 2, 2022, Item # 9 Front of House Assistant in excess of eight (8) hours/day Box Office Coordinator eight (8) hours/day Box Office Coordinator in excess of eight (8) hours/day Box Office Assistant eight (8) hours/day Box Office Assistant in excess of eight (8) hours/day Ticketing Fees Consignment Handling Other Fees Non-Intermission Fee Merchandise Sales Commission Art Exhibition Commission Piano Tuning Additional Equipment 7 of9 $ 32 $ 32 $ 42 $ 21 $ 32 $ 2 $ 5 $ 158 per hour per hour per hour per hour per hour each ticket printed each Resolution No. 22-Page 7 15% Nonprofit/ 20% For Profit 15% Nonprofit/ 20% For Profit Actual cost Actual cost
August 2, 2022, Item # 9 Redlined Fee Schedule Powa Center for the Performin Arts GemefPCPA-AII Areas Except Courtyard: six-hour minimum PCPA -All Areas Except CourtyardGemef: additional hours Courtyard with Performance/Exhibition only Lobby with Performance/Exhibition only Green Room Performing Arts Center (204)Poway Center for the Performin Arts 204020 Rental Deposits First day Each additional day Cleaning/Damage Deposits PCPA Cancellation Fees -if applicable PCPA Staffing Fees -Per Hour Technical Theatre Coordinator eight (8) hours/day Level 1 Technical Theatre Coordinator in excess of eight (8) hours/day Level 2 Stage Technician eight (8) hours/day---&--M Receptions Level 1 Stage Technician in excess of eight (8) hours/day Level 2 Front of House Coordinator eight (8) hours/day & Art Receptions Level 1 Front of House Coordinator in excess of eight (8) -hours/day Level 2 Front of House Assistant eight (8) hours/day & Art Receptions Level 1 N/C A $ 1,5184-,44-G Non-Profit Group hourly rate $ 1 8964--,WQ For-Profit Grau $ 253240 $ 316JOO N/C A Non-Profit Group hourly rate N/C A $ Non-Profit/For-Profit Group 1054-00 hourly rate $ 100 N/C A $ Non-Profit/For-Profit Group 1054-00 hourly rate $ 100 N/C A $ Non-Profit/For-Profit Group 55~ hourly rate $ 52 $ 300 $ 150 $ 300 refundable cleaning/damage deposit full deposit forfeit $ per hour 32JO $ per hour 424-0 $ per hour 24~ $ per hour 3634 $ per hour 32JO $ per hour 424-0 $ per hour zi~ 8 of9 ATTACHMENT B
August 2, 2022, Item # 9 Front of House Assistant in excess of eight (8) hours/day Level 2 Box Office Coordinator eight (8) hours/day-Level 1 Box Office Coordinator in excess of eight (8) hours/day Level 2 Box Office Assistant eight (8) hours/day-Level 1 Box Office Assistant in excess of eight (8) hours/day Level 2 Ticketing Fees Consignment Handling Other Fees Non-Intermission Fee Merchandise Sales Commission Art Exhibition Commission Facility .A.rt Displays Piano Tuning Additional Equipment Canopy Use 9 of9 $ 32W $ 32W $ 42@ $ 21~ $ 32W $ $ $ 1584-W per hour per hour per hour per hour per hour 2 each ticket printed 5 each 15% Nonprofit/ 20% For Profit 15% Nonprofit/ 20% For Profit Actual cost Actual cost $ 261 Resolution No. 22-Page 9