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02-07-2023 Agenda Packet
February 7, 2023, Item #2AGENDA RE PO RT City of Poway DATE: TO: FROM: February 7, 2023 Honorable Mayor and Members of the City Cou~cil Carrie Gallagher, City Clerk V~ (858) 668-4535 or cgallagher@poway.org CITY COUNCIL SUBJECT: Approval of the January 17, 2023 Regular City Council Meeting Minutes Summary The City Council Meeting Minutes submitted hereto for approval are: • January 17, 2023 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 January 17, 2023 Regular City Council Meeting Minutes. Public Notification: None. Attachments: A. January 17, 2023 Regular City Council Meeting Minutes Reviewed/ Approved By: w~1JKa~ Assistant City Manager 1 of 7 Reviewed By: Alan Fenstermacher City Attorney February 7, 2023, 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 January 17, 2023 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: Brian Pepin (via teleconference), Caylin Frank, Peter De Hoff, Barry Leonard, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development SeNices Bob Manis; Acting Finance Director Brad Rosen; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community SeNices 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 Leonard led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATIONS None. 2 of 7 February 7, 2023, Item #2City of Poway -Minutes -January 17, 2023 PUBLIC COMMENT Pete Neild (via teleconference) spoke regarding Council vote abstentions specific to agenda items related to political contributors. He also expressed concerns over contribution amounts related to the recent municipal election. Yuri Bohlen spoke regarding a recent incident at his residence, he stated he believes Poway has a worsening homelessness crisis and encouraged Council to take a proactive approach. John Barton spoke regarding traffic concerns on Midland Road and Edgemoor Street. He encouraged traffic calming measures and noted having obtained petition signatures to present at the next Traffic Safety Committee Meeting. CONSENT CALENDAR Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to approve Consent Calendar Item 1, and Items 3 through 5. Motion carried 5/0 by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Pepin, Frank, De Hoff, Leonard, Vaus None None None None Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to approve Consent Calendar Item 2. Motion carried 3/0/2 by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Frank, Leonard, Vaus None Pepin, De Hoff None None 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the December 6, 2022 Regular City Council Meeting Minutes and the December 13, 2022 Special Meeting Minutes 3. Adoption of Resolution No. 23-001 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. Agreement with HASA, Inc., for the Supply of Chemicals for the Poway Swim Center, Bid 23-005 5. Acceptance of the 2022-23 Citywide Striping Project; Bid No. 22-012, with Statewide Stripes, Inc., as Complete ORDINANCES FOR INTRODUCTION None. 3 of 7 February 7, 2023, Item #2City of Poway -Minutes -January 17, 2023 PUBLIC HEARINGS: 6. Tentative Tract Map (TTM) 22-0002; a Request for Approval of the First One-Year Time Extension for a Previously Approved Subdivision (TTM18-005) Mayor Vaus opened the Public Hearing at 7: 10 p.m. Associate Planner Hector Salgado presented the report along with a PowerPoint presentation. He noted the item is a request for the first of five available, one year time extensions of the tentative tract map as allowed by the Poway Municipal Code. He presented a slide showing the project site including size, location, and current property development which is intended to be demolished if the project goes forward. Mr. Salgado provided zoning information and stated the property lies within a high fire hazard area. He discussed the proposed subdivision noting no home development is proposed at this time and minor development review application reviews would be needed per home if development is proposed in the future. Alternatively, if a developer proposed a tract home subdivision, that would be subject to City Council approval. Public Comment: None. End of Public Comment. Mayor Vaus closed the Public Hearing at 7:13 p.m. Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No. 23-002 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map 22-0002; the First Time Extension of the Approval for Tentative Tract Map 18-005, Assessor's Parcel Numbers 316-120-18 and 316-120-25". Motion carried unanimously. 7. Second Reading and Adoption of Ordinance 859 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Poway Municipal Code (PMC) Title 15, Adopting by Reference the 2022 California Building Standards Codes, with Local Amendments" MayorVaus opened the Public Hearing at 7:15 p.m. City Clerk Carrie Gallagher presented the report. She stated, the Ordinance was previously introduced, first read and approved unanimously at the December 6, 2022, City Council Meeting. Ms. Gallagher noted, due to the fact Ordinance 859 adopts secondary codes, such as the updated California Building Code, into the Poway Municipal Code by reference, the second reading must occur at a public hearing pursuant to Government Code section 50022.3. Ms. Gallagher stated the item was properly noticed per Government Code section 6066. Public Comment: None. End of Public Comment. 4 of 7 February 7, 2023, Item #2City of Poway -Minutes -January 17, 2023 Mayor Vaus closed the Public Hearing at 7: 15 p.m. Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Ordinance No. 859 entitled, "An Ordinance of the City Council of the City of Poway, California, Amending Poway Municipal Code (PMC) Title 15, Adopting by Reference the 2022 California Building Standards Codes with Local Amendments." Motion carried 510 by the following roll-call vote. Ayes: Noes: Abstained: Absent: Disqualified: STAFF REPORTS: Pepin, Frank, De Hoff, Leonard, Vaus None None None None 8. Approval of Agreement with Charlie's Classic Cooking to Provide Catering Services for the Older Adult Congregate Meal Program at the Mickey Cafagna Community Center Director of Community Services Audrey Denham presented the item. She stated, following an unsuccessful bid process last year, Council approved re-scoping and re-advertising the request for proposals and shortly after, the Charlie's Classic Cooking bid was received. City staff and the Friends of Poway Seniors (Friends) reviewed the proposal, interviewed Charlie and sampled the food. Ms. Denham provided the cost per meal, the dining schedule, gave an overview of meal ordering options, discussed the dining room setting and provided information on plans for the food to be prepared offsite then transported onsite where it will be plated and served with refreshments. Contractor verses City staff responsibilities for the day-to-day operations of the program were noted. She added the meal program costs are fully offset through a combination of participant fees and contributions of the Friends adding in addition to the Friends paying for the meal program, their donation of $100,000 had greatly enhanced the older adult programming the City offers, including funding new positions that will help provide a restaurant like setting for the meal program. She concluded with a big thank you to the Friends of Poway Seniors. Public Comment: Yuri Bohlen spoke in support of the Older Adult Congregate Meal Program and its /ow-cost proposal. End of Public Comment. At the request of Mayor Vaus, Ms. Denham explained the process for the program which includes the advance purchase of monthly meals and noted the process will be evaluated to find the best system to accommodate the older adults. Council discussion ensued. The restaurant style atmosphere allowing for friendly socialization in addition to the low cost for meals were noted. Council thanked and noted its appreciation to the Friends of Poway Seniors and Community Services for their work and dedication to this program. 5 of 7 February 7, 2023, Item #2City of Poway-Minutes -January 17, 2023 Motioned by Deputy Mayor Leonard, seconded by Mayor Vaus to approve the Agreement and authorize the City Manager to execute all necessary documents associated with the Agreement between the City of Poway and Charlie's Classic Cooking to provide meal service for the Older Adult Congregate Meal Program at the Mickey Cafagna Community Center. Motion carried unanimously. 9. Approving a CalPERS 180-day Waiting Period Exception to Hire a Retired Annuitant Director of Human Resources and Risk Management Jodene Dunphy presented the item. She noted the City has a current vacancy in the position of Director of Finance and therefore an urgent need exists to temporarily fill the position with a retired annuitant while the City conducts a recruitment for a permanent replacement. Public Comment: None. End of Public Comment. Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No. 23-003 entitled, "A Resolution of the City Council of the City of Poway, California, for a 180-Day Waiting Period Exception to Hire a Retired Annuitant Pursuant to Government Codes Sections 7522.56 and 21221(h)". Motion carried unanimously. WORKSHOPS None. COUNCIL-INITIATED ITEMS: None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) Councilmember Frank expressed her appreciation to Community Services Department staff for their work on a successful Winter Festival event. Deputy Mayor Leonard spoke regarding volunteer efforts of Poway residents and highlighted a featured article in Poway Living Magazine. He praised the successful efforts of the recent shoe donation drive held to benefit Valley Elementary students and acknowledged the generosity of City staff who participated through donations and distribution. Mayor Vaus spoke regarding the recent changes to the voting system at SAN DAG. He expressed concerns over the newly adopted weighted vote outrides the tally vote and provides a disadvantage to the smaller cities which make up the majority of San Diego County. CITY MANAGER ITEMS None. Mayor Vaus recessed the meeting into Closed Session at 7:40 p.m. 6 of 7 February 7, 2023, Item #2City of Poway -Minutes -January 17, 2023 CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) 10. Conference with Legal Counsel -Anticipated Litigation Government Code § 54956.9(d)(2) -one (1) case 11. Conference with legal counsel-Existing litigation (Government Code§ 54956.9(d)(1)) Two (2) Cases; Pina Smoothies, et. al. v. City of Poway, San Diego Superior Court Case Nos. 37-2020-00018626 & 37-2020-00042487 City Attorney Fenstermacher stated the City Council voted 5/0 to authorize the City Manager to effectuate settlement of both cases. ADJOURNMENT The meeting was adjourned at 8:40 p.m. 7 of 7 Carrie Gallagher, CMC City Clerk City of Poway, California February 7, 2023, Item #3DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway February 7, 2023 Honorable Mayor and Members of the City Council Jeff Chumbley, Fire Chief !# Jeff Chumbley, Fire Chief (858) 668-4461 or jchumbl @poway.org CITY COUNCIL Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic The Novel Coronavirus (COVID-19) global pandemic continues to impact economic and social segments of the United States. Federal, state, and county directives, mandates and orders to manage COVID-19 have, and continue to, impact Poway residents, businesses and visitors. On March 18, 2020, the City Council approved a resolution proclaiming a local emergency. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Based on a recent announcement by the State of California that it plans to end the COVI D-19 State of Emergency on February 28, 2023, the City plans to end its local emergency at the February 21, 2023 City Council 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 1 of 6 February 7, 2023, Item #37. In 2022, the City Council approved to continue the emergency action on January 18, February 1, February 15, March 1, March 15, April 5, April 19, May 3, May 17, June 7, June 21, July 19, August 2, August 16, September 20, October 4, October 18, November 15 and December 6. In 2023, the City Council approved to continue the emergency action on January 17. 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. Based on a recent announcement by the State of California that it plans to end the COVID-19 State of Emergency on February 28, 2023, the City plans to end its local emergency at the February 21, 2023 City Council Meeting. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: As of January 23, 2023, 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, on April 20, 2020, the City Council approved $2,000,000 to fund the Poway Emergency Assistance Recovery Loans (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 staffs review, 35 loans totaling $1,328,188 were approved and five loans totaling $198,000 have been repaid in full, two loan recipients began making monthly payments in January. The total outstanding balance for all loans is $1,127,997. With the anticipated end of the City's local emergency at the February 21, 2023 City Council meeting, all PEARL loan recipients have been notified that loans must be paid in full no later than May 23, 2023 to avoid interest accruing on the loans. In accordance with the loan application documents, loan recipients opting to make monthly payments will have three years to repay the loans with a 3% annual interest rate. The reserve fund will be replenished from the repayment of PEARL loans over a three-year period following the end of the local COVID-19 emergency. This period falls within the General Fund Reserve Policy's direction to fully replenish reserves within five years of use. Public Notification: None. Attachments: A. Resolution 2 of 6 February 7, 2023, Item #3B. Proclamation of Local Emergency Reviewed/Approved By: We~rJx,:::-Assistant City Manager 3 of6 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager February 7, 2023, Item #3RESOLUTION NO. 23-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, July 19, August 2, August 16, September 20, October 4, October 18, November 15, December 6, and in 2023 on January 17; 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. 4 of6 ATTACHMENT A February 7, 2023, Item #3Resolution No. 23-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 7th day of February, 2023 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of6 February 7, 2023, Item #3PROCLAMATION OF LOCAL EMERGENCY WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by the Novel Coronavirus (COVID-19) commencing on January 24, 2020; WHEREAS, that the City Council of the City of Poway is not in session and cannot immediately be called into session; and WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven days of being issued. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of Poway, that a local emergency now exists throughout the City and that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; and IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Director of the Governor's Office of Emergency Services.with a request that; 1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the Natural Disaster Assistance Act; and 2. The State Director forward this Proclamation, and request for a State Proclamation and Presidential Declaration of Emergency, to the Governor of California for consideration and action. PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway this 13th day of March 2020. Director of Emergency Services 6 of6 ATTACHMENT B February 7, 2023, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway February 7, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services~ Jeff Beers, Special Projects Engineer ~ (858) 668-4624 or jbeers@poway.org CITY COUNCIL Award of Contract to Synlawn for the Poway Swim Center Artificial Turf Installation Project and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) This action will award a construction contract for the Poway Swim Center Artificial Turf Installation project. The project includes the removal of existing turf and installation of new artificial turf in various locations at the Poway Swim Center. Recommended Action: It is recommended the City Council: (1) Award the contract for the Poway Swim Center Artificial Turf Installation project to Syn lawn, in the amount of $132,435.25 and authorize the City Manager to execute the contract (Attachment A); and (2) Make a determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) Discussion: The Poway Swim Center Artificial Turf Installation project will replace all the grass turf areas surrounding the pool and splash pad with artificial turf. The existing grass turf areas are confined by fencing and although there are gates to allow grass mowing equipment in, the equipment must travel across the pool deck damaging the surface. Also, swimmers track soil and grass into the pool, causing filtration issues. The change to artificial turf will alleviate these ongoing issues. The City is a member of several cooperative purchasing organizations including Sourcewell, formerly known as National Joint Powers Alliance (NJPA), which establishes and provides nationwide, competitively solicited purchasing contracts that can be utilized by member agencies, such as the City of Poway. For efficiency and optimal pricing, it is recommended the City of Poway enter into an agreement with Synlawn through the procurement agreement available through Sourcewell. City of Poway Municipal Code Section 3.28.110 authorizes the City to participate in cooperative agreements as an economical alternative to the bidding process. 1 of 11 February 7, 2023, Item #4The contract time for this project is 20 working days with an engineer's estimate of $150,000. Environmental Review: The proposed turf installation of an existing facility 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 facility with no expansion of use. Fiscal Impact: There is sufficient funding available in the Pool Turf Installation project account (MN038) to award the contract. Public Notification: None. Attachments: A. Contract Reviewed/Approved By: Assistant City Manager 2 of 11 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager February 7, 2023, Item #4SECTION 8 CONSTRUCTION CONTRACT CITY OF POWAY POWAY SWIM CENTER ARTIFICIAL TURF INSTALLATION This Contract made and entered into this 8th day of February, 2023, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Northwest Surfacing Specialists dba Synlawn, hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows: 1. The complete Contract includes all of the Contract Documents, which are incorporated herein by this reference, and include: a. This Contract b. Contract Addenda c. Contract Change Orders d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications f. Contract Plans g. General Condition h. Special Conditions i. Standard Specification for Public Works, most current edition 2. The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all. 3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: removal of existing grass sod, grading, placement of Class II base material and installation of artificial turf in four areas around the Swim Center. 4. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council. 3 of 11 ATTACHMENT A February 7, 2023, Item #4Poway Swim Center Artificial Turf Installation I Construction Contract 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 $132,435.25 the "Contract Price." City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions. 6. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 20 Working Days after the date specified in the Notice to Proceed. 7. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum 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. 8. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. 9. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code § 1773.1. 10. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. 11. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and§ 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work 4 of 11 2 February 7, 2023, Item #4Poway Swim Center Artificial Turf Installation I Construction Contract performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813. 12. Contractor will comply with the provisions of Labor Code§ 1777 .5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13. Contractor, by executing this Contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion of 5 of 11 performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. 3 February 7, 2023, Item #46 of 11 Poway Swim Center Artificial Turf Installation I Construction Contract 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 February 7, 2023, Item #4Poway Swim Center Artificial Turf Installation I Construction Contract 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 determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. 5 February 7, 2023, Item #4Poway Swim Center Artificial Turf Installation I Construction Contract 18. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective. 19. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract. 20. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 21. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract. 22. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. 23. 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. 8 of 11 6 February 7, 2023, Item #4Poway Swim Center Artificial Turf Installation I Construction Contract 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 atthe 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 February 7, 2023, Item #4Poway Swim Center Artificial Turf Installation I Construction Contract 31. This Contract is to be governed by the laws of the State of California. 32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank) 10 of 11 8 February 7, 2023, Item #4Poway Swim Center Artificial Turf Installation I Construction Contract IN 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 February 7, 2023, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL February 7, 2023 Honorable Mayor and Members of the City Co1~ncil Eric Heidemann, Director of Public Works 4~ 3/ Will Wiley, Assistant Director of Public Works for Maintenance Operation (858) 668-4705 or wwiley@poway.org . Award of Agreement to Weatherproofing Technologies, Inc. for the Roof Maintenance Program and As-Needed Repairs; RFP No. 23-007 A request for proposals (RFP) for the Roof Maintenance Program and As-Needed Repairs, RFP No. 23-007, was duly advertised on November 3 and November 10, 2022. Two (2) responsive proposals were received and opened on November 22, 2022. Staff reviewed the proposals submitted and selected Weatherproofing Technologies, Inc. (WTI) as the company providing the best value for roof maintenance program services and as-needed roof repair services to the City of Poway (City). Staff determined WTI to be responsive and qualified to provide these services. The term of the agreement is two (2) years beginning February 8, 2023, through February 7, 2025, with three (3) one-year extensions. Recommended Action: It is recommended the City Council: (1) Authorize an appropriation totaling $83,473 from the General Fund Unassigned Fund Balance (Fund 1000); (2) Award the agreement for roof maintenance program and as-needed repair services to Weatherproofing Technologies, Inc.; and (3) Authorize the City Manager to execute any necessary documents. Discussion: The City has a continuing need for as-needed roofing services for various repairs and maintenance at facilities throughout the City. Maintaining the roof structures of City facilities requires the assistance and expertise of specially trained and qualified roofing experts. Historically, the City has entered into agreements for as-needed roof repairs and emergency leak response services, but the City has not had a formal roof maintenance program. The roof maintenance program is intended to reduce the number of emergency repairs and leak responses by providing preventative maintenance and housekeeping services for each facility roof two (2) times per year. 1 of 23 February 7, 2023, Item #5On November 3 and November 10, 2022, staff duly advertised an RFP for the roof maintenance program and as-needed repair services. The RFP was advertised on the City's website, online bid portal, and in the local newspaper. In addition, staff contacted five (5) contractors to notify them of the RFP. On November 22, 2022, the City received two (2) proposals. A third proposal was received on November 23, 2022, and deemed non-responsive as it was not received by the RFP deadline. A cost summary of the proposals received is provided in Table 1 below. Table 1: Roof Maintenance Program and As-Needed Repair Services Proposals Summary Roof Maintenance Hourly Rates for Repairs/Emergency Company Program Annual Fee Leak Response (Two Employee Crew with Vehicle) Good-Men Roofing & $268,511.00 Regular Business Hours $374.50 Construction, Inc. After Hours/Weekends $407.12 Regan Roofing, Inc.* $1,528,000.00 Regular Business Hours $1,280.00 After Hours/Weekends $1,770.00 Weatherproofing $193,472.20 Regular Business Hours $206.00 Technologies, Inc. After Hours/Weekends $258.00 *Non-responsive proposal The costs included in the "Roof Maintenance Program Annual Fee" are the proposers' submitted annual lump sum costs to provide bi-annual preventative maintenance and housekeeping services for City facilities, which includes 67 roofs. The proposals were independently reviewed and scored by a review panel consisting of three (3) City staff members. Both contractors were then invited for interviews as part of the selection process. The interviews were held on December 13, 2022. Each interview was scheduled for 60 minutes and consisted of a question-and-answer discussion with 14 questions prepared by the review panel. The interview included a demonstration of the on line reporting database. The questions provided each contractor the opportunity to provide additional details on their company covering the topics of technical expertise, employee training and staffing, and quality control measures. Following the selection interviews, the review panel determined WTI offered the best overall value to provide the comprehensive roofing services the City is seeking. The City requested a best-and-final offer, and in working with their corporate offices, WTI was able to reduce their initial proposal by $129,989 without compromising the level of service. Under the agreement, WTI will be providing bi-annual inspections for all City facility roofs and as-needed roof repairs, including emergency leak response. WTI has over 60 years of experience providing similar services to hundreds of municipalities throughout the United States, including experience with municipalities in Southern California. WTI will assign a dedicated project team to provide these services to the City. Staff was impressed with WTl's knowledge and experience, employee training program, and the online reporting database. The roof maintenance program database will include roof inventory, provide a roof condition assessment for each facility, establish a replacement schedule, and estimate roof replacement costs for each facility. This will assist staff in budgeting for future Capital Improvement Projects (CIPs). The goal of the roof maintenance program is to reduce the need for emergency roof leak responses and unscheduled roof repairs, which will reduce overall repair costs. 2 of23 February 7, 2023, Item #5The Facilities Division Fiscal Year 2022-23 Operating Budget includes $110,000 for the roof maintenance program. Due to increased materials and labor costs, the proposal exceeds the amount budgeted. Staff is requesting an appropriation in the amount of $83,473 to cover the annual roof maintenance program for the initial year of the contract. Funds for subsequent fiscal years will be included in the annual budget process for Council consideration. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The Fiscal Year 2022-23 Facilities Maintenance Division budget (415010-43040) includes $110,000 for the roof maintenance program. An appropriation is being requested from the General Fund Unassigned Fund Balance (Fund 1000) to cover the remaining amount of $83,473 to fund this program for the initial year of the agreement. Amounts for subsequent fiscal years will be included in the annual budget process for Council's consideration. Public Notification: None. Attachments: A. Standard Agreement Reviewed/Approved By: Assistant City Manager 3 of23 Reviewed By: Alan Fenstermacher City Attorney City Manager February 7, 2023, Item #5City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 8th day of February, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and WEATHERPROOFING TECHNOLOGIES, INC., an Ohio corporation, (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform roof maintenance program services and as-needed roofing services for various City facilities (Project); WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in 4 of23 ATTACHMENT A February 7, 2023, Item #5connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 5 of23 February 7, 2023, Item #59. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency: 6 of 23 (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract. 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. February 7, 2023, Item #5DISCLOSURE DETERMINATION: [8J 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 7 of23 February 7, 2023, Item #514. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies 8 of23 February 7, 2023, Item #5Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 9 of23 February 7, 2023, Item #519. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 10 of 23 February 7, 2023, Item #524. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 11 of 23 February 7, 2023, Item #5IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: _________ _ Chris Hazeltine, City Manager Date: -----------ATTEST: Carrie Gallagher, City Clerk APPROVED AS TO FORM: WEATHERPROOFING TECHNOLOGIES, INC. By:-------------Jaime Brink, VP-CFO & Treasurer Date: ------------By:--------------Alan Fenstermacher, City Attorney 12 of 23 February 7, 2023, Item #5A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to provide roof maintenance program services and as-needed roofing services as required by City, further described in the Scope of Services which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on January 3, 2023, which is included in this document as Attachment 2. Total fee is not to exceed $193,472.20 per year plus amounts designated for as-needed services not to exceed the City's adopted fiscal year operating budget for as-needed roof repair services. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing February 8, 2023, and ending February 7, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Agreement and any Agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first year of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than February 8, 2025. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. 13 of 23 February 7, 2023, Item #5D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $2,000,000 Bodily Injury and Property Damage combined each occurrence and $4,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. 14 of 23 February 7, 2023, Item #5E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: 15 of23 To City: To Contractor: City of Poway P.O. Box 789 Poway, CA 92074 Weatherproofing Technologies, Inc. 4901 Morena Blvd., Suite 323 San Diego, CA 92117 (Remainder of page intentionally left blank) February 7, 2023, Item #5ATTACHMENT 1 SCOPE OF SERVICES 1. Purpose/General Requirements: The purpose of this RFP is to obtain proposals for roofing services for City facilities including: biannual roof inspections (two (2) inspections per year), preventative maintenance, general housekeeping, and emergency roof repairs/leak response. The City wishes to enter into an agreement with a company that is proactive in their work standards and can meet or exceed the qualifications set forth in this proposal package. The successful company shall be familiar with and have the ability to provide maintenance and repair work on the roofs per the technical specifications below. It is required that the contractor provide an online reporting portal/database and provide access to City staff to access drawings, reports forecasts, invoices, service requests, etc. Repair and maintenance of roof systems at City facilities may include but is not limited to: • Built-up • Tile • Shingles • Single-ply • Metal • Flashings • Gutters • Drains • Curbs • Coping • Details Appropriate fall protection shall be used at all times when completing inspections, roof maintenance and repair work. Contractor shall submit fall protection plan for review and approval by City. 2. Scope of Work: The Contractor is to perform biannual (two (2) times per year) roof inspections, preventative maintenance, and all repairs to roofing structures and/or parts of roofing structures such as but not limited to gutters, parapet walls, downspouts, vents, drains, utility openings, hatches, flashings, copings, or underlayment. All Work shall be performed to the highest standards of the industry, skill, workmanship, applicable trade best practices, meet warranties and in conformance to all applicable laws, codes and regulations. All ladders/hoists to access building roofs are the responsibility of the Contractor. A. Roof Inspections: Biannual (two (2) times per year) roof inspection services include the following: i. Visual inspection of the roof membrane and roof surface conditions. ii. Inspection of the flashing systems including, but not limited to, the metal edge system, base flashings on equipment and adjoining walls, counterflashing and termination details, soil stacks and vents, and inspection of roofing details for rooftop projections and equipment such as pitch pans, HVAC equipment, skylights and access hatches. B. Roof Inspection Reports: The Contractor will provide City with reports from all roof inspections performed under this Agreement. The reports will be provided through an 16 of 23 February 7, 2023, Item #5online reporting portal/database, which the City and its authorized representatives can access. Reports shall include: i. CAD roof drawings of each building; ii. Roof core data including roof membrane type; iii. Insulation type, if present, and roof deck type; iv. Photos of conditions observed, and maintenance work completed for each roof level; v. Roof condition assessments for each roof level including any short-term recommendations (with costs) for additional repairs and long-term recommendations for complete restoration or replacement (with costs); vi. Life expectancy per roof level with current restoration and replacement costs; and vii. A 1-10 year roof restoration and replacement plan. C. Preventative Maintenance Services: Preventative maintenance will occur in conjunction with the roof inspections (biannually) and consists of the following repairs and maintenance: i. Flashing components and details: Patch minor flashing defects and kick holes, reinforce open flashing laps, seal open metal edge laps and open flanges within reason, seal open coping joints, seal expansion joint laps, re-secure and/or seal intermittent fasteners that have backed out, refill pitch pans, caulk storm collars and reseal intermittent voids in termination bar and counterflashing. ii. Roof membrane: Repair intermittent splits, tears, open laps and breaks in the membrane. Patch any fractured blisters or those in danger of fracture due to traffic. iii. Drains, Gutters and Scuppers: Tighten drain bolts and clamping rings (if possible). Owner will be advised of missing drain strainers. Repair strip-in around drains and scuppers, re-secure gutters, and seal open gutter joints. All repair materials shall be reviewed and approved by the City. Materials must be VOC compliant and compatible with each specific roof system type, and when applicable. Contractor must maintain any existing long-term roof system manufacturer warranties and comply with roof manufacturer requirements for maintenance and repairs. D. General Rooftop Housekeeping Services: General rooftop housekeeping services will occur in conjunction with the roof inspections (biannually) and include: 17 of 23 i. Removal of debris (i.e., leaves, branches, paper, bottles, balls, and similar items) from the roof membrane and drainage areas including all gutters. ii. Disposal of debris will be at the Owner's approved on-site location or location within the City limits. iii. Water test all roof drains. Immediately notify City of any blocked or slow roof drains that require attention. February 7, 2023, Item #5E. Emergency Roof Repairs/Leak Response: Contractor shall provide 24 hour, 7 days per week leak response. City staff shall be able to make emergency requests/service request via the online reporting system/database. Below are required response times: i. Routine leak response time -24 hours ii. Urgent leak response time -Same day, within 4 hours iii. Provide follow-up notice of completed repairs to appropriate City Personnel within 24 hours of completion of the repair/work. iv. Leak calls will be billed on a time and material basis based on contractor unit bid pricing. F. Quarterly Meetings: Contractor will meet quarterly with City staff (virtual or in-person) to provide an update on the roof maintenance program and discuss upcoming schedule. 3. Method of Performing Work: A. Methods of Operation: The Contractor shall be responsible for the safety, adequacy, and efficiency of the Contractor's personnel, equipment and methods. The approval of the City of any plan or method of work proposed by Contractor shall not relieve the Contractor of any responsibility thereof, and such approval shall not be considered an assumption by the City of any kind of liability, and the Contractor shall have no claim under this contract on account of failure or inefficiency of any plan or method so approved. Such approval shall be considered and shall mean the City has no objection to the Contractor's use or adoption at the Contractor's own risk and responsibility, of the plan or method so proposed by the Contractor. B. Scheduling of Operations: Contractor shall perform this work at such time as to minimize disturbance or interference to residents, and pedestrian or vehicle circulation. Working hours shall be 7 a.m. to 4 p.m., Monday through Thursday, and 7 a.m. to 3:30 p.m. on alternating Fridays, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Director of Public Works, or their designee. C. Holiday Operations: There shall be no work on weekends or holidays on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director, except for emergencies involving immediate hazard to persons or property. D. Safety: All work performed under this Agreement shall be performed in such manner as to provide maximum safety to the public and comply with all safety standards required by Cal-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. E. Warranty: All work performed under this contract will carry a minimum 30-day warranty on labor and the manufacturer's warranty on materials. F. Roofs with Current Warrantees: Roofs that currently have a manufacturer's warranty cannot be worked on unless authorized by the manufacturer. This will determined by City staff. 18 of23 February 7, 2023, Item #54. City of Poway Facilities List: Table 1 below and on the following page provides a list of the facilities that will be covered by the Agreement. Facilities may be added or deleted during the course of the Agreement. TABLE 1: CITY OF POWAY FACILITIES LIST* *Roof Square Footage to be verified by proposing Contractor ---~ ,r,,,, ..... ~,-... !./!.J 1 City Hall 13325 Civic Center Dr. 50,400 2 Council Chambers 13325 Civic Center Dr. 5,900 3 Public Works Administration Building 14467 Lake Poway Rd. 5,700 4 Crew Lounge/ Warehouse 14445 Lake Poway Rd. 7,467 5 Vehicle Maintenance 14415 Lake Poway Rd. 5,628 6 Vehicle Storage 14445 Lake Poway Rd. 5,200 7 Lake Poway Administration Building 14644 Lake Poway Rd. 1,100 8 Lake Poway -Concession Stand 14644 Lake Poway Rd. 1,850 9 Lake Poway -FFA Buildings 14644 Lake Poway Rd. 3,600 10 Lake Poway -Boat Dock 14644 Lake Poway Rd. 3,700 11 Lake Poway -Pavilion 14644 Lake Poway Rd. 1,510 12 Lake Poway -Entrance Booth 14644 Lake Poway Rd. 100 13 Lake Poway -Crew Facility 14644 Lake Poway Rd. 600 14 Lake Poway -Lower Ball Field Restrooms 14644 Lake Poway Rd. 1,056 15 Lake Poway-Middle Restrooms 14644 Lake Poway Rd. 560 16 Lake Poway -Upper Restrooms 14644 Lake Poway Rd. 560 17 Mickey Cafagna Community Center 13094 Civic Center Dr. 25,265 18 Community Park -Pool Locker/Restroom Building 13094 Civic Center Dr. 3,593 19 Community Park -Pool Filter Housing 13094 Civic Center Dr. 1,847 20 Community Park Pool Splash Pad Building 13094 Civic Center Dr. 400 21 Community Park Ball Field Restrooms 13094 Civic Center Dr. 501 22 Community Park -Crew Shed 13094 Civic Center Dr. 400 23 Skate Park Restroom 13094 Civic Center Dr. 500 24 Old Poway Park Museum 14134 Midland Rd. 2,135 25 Train Barn 14134 Midland Rd. 2,695 26 Templars Hall 14134 Midland Rd. 1,620 27 Porter House (historic) 14134 Midland Rd. 2,180 28 Nelson House (historic) 14134 Midland Rd. 1,300 29 Hamburger Factory 14134 Midland Rd. 3,420 30 Old Poway Park Museum Restrooms 14134 Midland Rd. 200 31 Train Depot 14134 Midland Rd. 3,000 32 Girls Softball League Concession/Restroom 13544 Aubrey St. 700 33 Material Handling Yard, Hazardous Waste 12325 Crosthwaite Cr. 932 34 Records/Lounge Trailer 12325 Crosthwaite Cr. 500 35 Arbolitos Sports Park Restrooms 14501 Arbolitos Dr. 800 19 of23 February 7, 2023, Item #5No. Facility (Continued) Address Sq. Feet* 36 Garden Road Park Restrooms 14901 Garden Rd. 840 37 Hilleary Park Restrooms 13500 Community Rd. 840 38 Silverset Park Restrooms 14 795 Silverset St. 840 39 Starridqe Park Restrooms 13745 Carriaqe Rd. 840 40 Valle Verde Park Restrooms 16899 St. Andrews Dr. 840 41 Fire Station No. 1 13050 Community Rd. 18,198 42 Fire Station No. 2 16914 Westling Ct. 4,863 43 Fire Station No. 3 14322 Pomerado Rd. 14,056 44 City of Poway Library 13137 Poway Rd. 24,400 45 Iron Mtn. Restroom 15498 Espola Rd. 200 46 Performing Arts Center 15498 Espola Rd. 57,040 47 Sheriffs' Station 13100 Bowron Rd. 15,000 48 Kumeyaay-lpai Interpretive Center 13104 lpai Waa ukTI. 1,400 --''''"----., .. ,,,~ "·''' '~ ,_-(:.I 49 Aerator at Lake Poway Lake Poway West Side/ 49 Poway Lake/West Side D 50 Camelback Pump Station 14445 Lake Poway Rd. 630 51 Camino Del Valle Sewaqe Lift Station 12908Camino Del Valle 232 52 Cloudcroft Pump Station II 17087 1 /2 Cloudcroft Dr. 1,296 53 Community Road Pump Station 12520 1/2 Community Rd. 1,196 54 Gregg Street Recycled Pump Station 13375Gregg St. 1,490 55 Heritaqe Lift Station 18775 1/2 Heritaqe Dr. 102 56 High Valley Pump Station 14218 1/2 High Valley 1,450 Rd./Hiqh Valley Rd. SE D 57 Northcrest Pump Station 14090 Northcrest Ln./ 880 Northcrest Ln. W/O D 58 Old Coach Sewaqe Lift Station 17710 1/2 Old Coach Rd. 167 59 Old Coach Way Pump Station Bldq. 18535 Old Coach Dr. 918 60 Pump Station 1 Bldg. A and B 14445 Lake Poway Rd. (A) 240 (B) 522 61 South Chlorinator Building Sycamore Canyon W/O D 500 62 Welton Pump Station 12701 Welton Ln. 970 63 Woodcliff Pump Station 14163 1/2 Donart Dr./ 644 14162 1/2 Donart Dr. 64 Water Treatment Plant/Operations/Office 14521 Lake Poway Rd .. 3,400 65 Chlorine/Chemical Feed 14521 Lake Poway Rd. 5,000 66 Filter Control Building 14521 Lake Poway Rd. 500 67 Treatment/Ammonia Building 14521 Lake Poway Rd. 1,500 20 of 23 February 7, 2023, Item #5Breakout List of City Buildings Roof Square Footage: 307,962 -----'---------------------Number of Buildings: 68 Number of Roofs: 68 Roof Type: Multiple [Remainder of Page Left Blank Intentionally] 21 of23 February 7, 2023, Item #5ATTACHMENT 2 FEE PROPOSALS BID ITEM A: ROOF MAINTENANCE PROGRAM This proposal price is for the entire work required for providing all labor, equipment, tools, materials and incidentals affiliated with the Roof Maintenance Program including biannual (two (2) times per year) inspections, preventative maintenance, and general housekeeping tasks outlined in the Scope of Work/Technical Specifications. Provide the annual amounts as requested below, and a total lump sum proposal including all City facilities. Item 1: $178,169.77 Annual Total for (Facilities are not priced to be purchased separately) City Facilities (Lump Sum) Total (In Words): (Facilities #1-48 on Table 1, pages 21-22) One hundred seventy-eight thousand, one hundred and sixty-nine dollars and seventy-seven cents Item 2: $ 15 302.43 (Facilities are not priced to be purchased separately) Annual Total Water Utilities Facilities (Lump Sum) Total (In Words): (Facilities #49-67 in Table 1, page 22) Fifteen thousand, three hundred and two dollars and forty-three cents TOTAL LUMP SUM Item 3: $ 193472.20 Roof Maintenance Program (Facilities are not priced to be purchased separately) Annual Total for All Facilities Total (In Words): (Item 1 + Item 2 = Item 3) One hundred and ninety-three thousand, four hundred and seventy-two dollars and twenty cents 22 of 23 February 7, 2023, Item #5FEE PROPOSALS BID ITEM B: HOURLY RATES FOR REPAIRS/EMERGENCY LEAK RESPONSE The prices set forth below include all work required to provide all labor, equipment, tools, materials and incidentals affiliated with as-needed roof repairs and emergency leak response work requirements specified in this RFP. Service Type: One Employee Crew, Including Vehicle Total $ 103.00 per hour (portal to portal, min. 2 hours) Mon-Fri 7:00 a.m. -4:00 p.m. Total (In Words): One hundred and three dollars per hour Total$ 129.00 per hour (portal to portal, min. 2 hours, 4-24 hour After Hours & emergency will be billed at this rate) Weekends Total (In Words): One hundred and twenty-nine dollars per hour Service Type: Two Employee Crew, Including Vehicle Total$ 103.00 per hour per tech (portal to portal, min. 2 hours) Mon-Fri 7:00 a.m. -4:00 p.m. Total (In Words): One hundred and three dollars per hour per tech Total$ 129.00 per hour per tech (portal to portal, min. 2 hours, After Hours & 4-24 hour emergency will be billed at this rate) Weekends Total (In Words): One hundred and twenty-nine dollars per hour per tech Can your company respond to scheduled service calls in 24 hours? Yes X No __ _ Can your company respond to emergency service calls in 4 hours? Yes X No __ _ 23 of 23 February 7, 2023, Item #6DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway February 7, 2023 Honorable Mayor and Members of the City Coun~ .I Robert Manis, Director of Development Services f""\ Austin Silva, Senior Planner f 858-668-4658 or asilva@poway.org CITY COUNCIL Conditional Use Permit 22-001, a Request to Construct a Wireless Communications Facility at the Terminus of Cobblestone Creek Road and making the determination that the project is Exempt from the California Environmental Quality Act pursuant to Section 15303(d) of the CEQA Guidelines. The applicant is requesting a Conditional Use Permit (CUP) to construct a wireless communications facility (WCF), located west of, and adjacent to, 12601 Cobblestone Creek Road, within the Rural Residential A (RR-A) zone. The WCF will be operated by Dish Wireless and will consist of three 12-foot-tall steel poles with one panel antenna and two remote radio heads mounted on each pole, and an equipment cabinet mounted on a concrete pad. The project has been designed to comply with the City's development standards. Recommended Action: It is recommended the City Council take public input, close the public hearing and adopt the Resolution (Attachment A) approving CUP22-001 for the construction of a wireless communications facility and making the determination that the project is Exempt from the California Environmental Quality Act pursuant to Section 15303(d) of the CEQA Guidelines. Discussion: The applicant is Dish Wireless and the property owner is Farley Living Trust. The WCF is proposed on a 4.1-acre property zoned RR-A in the southwestern portion of Poway bordering the City of San Diego as shown on Attachment B. The property currently contains two other WCFs operated by Sprint and Verizon. The Sprint and Verizon WCFs consist of panel antennas mounted on 11 and 12-foot-tall steel poles with associated equipment. The subject property has no dwelling unit on it, but is under the same ownership as the adjacent property located at 12601 Cobblestone Creek Road that is developed with a single-family residence. 1 of 20 February 7, 2023, Item #6Two of the steel poles will be located on the west side of the access easement (driveway) and the third pole and equipment cabinet will be located on the east side of driveway as indicated in the site plan (Attachment C). The elevations (Attachment D) show the antennas and remote radio heads will be completely covered with radio frequency socks that will match the foliage of the adjacent vegetation. All of the exposed mounting hardware and cable will be painted a camouflage pattern of browns and greens. The proposed project is in compliance with the City Wireless Communication Policy in that the proposed project has been designed to visually blend in with the surroundings and therefore would be minimally noticeable to the surrounding development as demonstrated in the photo simulations and photo study (Attachment E). The antennas would draw minimal attention because of the slim profile design and color and texture similar to surrounding earthen materials and landscape. Approval of a CUP is required to operate a WCF in the RR-A zone. The findings for a CUP are provided in Section 2 of the attached Resolution. Radio Frequency (RF) Report A Radio Frequency (RF) Report has been prepared, and is included with the application, that demonstrates the proposed facility will operate in compliance with Federal Communications Commission (FCC) standards. Environmental Review: The project is exempt from the CEQA. as Class 3 Categorical Exemption, pursuant to Section 15303(d) of the CEQA Guidelines, in that the project involves the installation of a small new telecommunications facility. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on January 26, 2023. 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. Elevations E. Photo Simulations/Photo Study Reviewed/Approved By: w':L7ias;;;:::--Assistant City Manager 2 of 20 Reviewed By: Alan Fenstermacher City Attorney e City Manager February 7, 2023, Item #6RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) 22-001; FOR THE CONSTRUCTION OF A WIRELESS COMMUNICATIONS FACILITY AT THE TERMINUS OF COBBLESTONE CREEK ROAD; ASSESSOR PARCEL NUMBER 316-063-02 WHEREAS, Conditional Use Permit (CUP) 22-001 is a request by Dish Wireless (Applicant) and the Farley Living Trust (Owner), to construct a wireless communications facility (WCF) on property owned by the Farley Living Trust, located west of, and adjacent to, 12601 Cobblestone Creek Road, within the Rural Residential A (RR-A) zone. The WCF will be operated by Dish Wireless and will consist of three 12-foot-tall steel poles with one panel antenna and two remote radio heads mounted on each pole, and an equipment cabinet mounted on a concrete pad; WHEREAS, on February 7, 2023, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the City Council has read and considered the agenda report for the proposed project, including attachments, and has considered other evidence presented at the public hearing; and WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting a CUP. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as Class 3 Categorical Exemption, pursuant to Section 15303(d) of the CEQA Guidelines, in that the project involves the installation of a small new telecommunications facility. SECTION 2: The findings, pursuant to Section 17.48.070 of the PMC, to approve CUP22-001 to allow the construction of a wireless telecommunication facility, are made as follows: A. The location, size, design, and operating characteristics of the proposed WCF are in accordance with the title and purpose of PMC Chapter 17.48 (CUP Regulations), the General Plan, and the development policies and standards of the City, including, but not limited to, the City Wireless Communications Policy in that the proposed WCF complies with the development standards for the RR-A zone. The antennas and remote radio heads (RRH) will be mounted on steel poles and the antennas will be covered with radio frequency socks that will match the foliage of the adjacent vegetation. The exposed mounting hardware and cable will be painted a camouflage pattern of browns and greens. No visual impacts to the community are anticipated. B. The location, size, design, and operating characteristics of the proposed WCF will be compatible with and will not adversely affect or be materially detrimental to, adjacent uses, 3 of 20 ATTACHMENT A February 7, 2023, Item #6Resolution No. 23-Page 2 people, buildings, structures, or natural resources in that the proposed WCF complies with the development standards for the RR-A zone. The antennas and remote radio heads (RRH) will be mounted on 12-foot-tall steel poles and the antennas will be covered with radio frequency socks that will match the foliage of the adjacent vegetation. The exposed mounting hardware and cable will be painted a camouflage pattern of browns and greens. The steel poles will be of comparable height to other WCFs located on the same property. The use will comply with Federal Communications Commission (FCC) design and operational standards. C. The proposed WCF is in harmony with the scale, bulk, coverage, and density of, and is consistent with adjacent uses in that the antennas will be mounted on 12-foot-tall steel poles that are below the maximum height allowed in the RR-A zone. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed WCF. E. There will not be a harmful effect upon the desirable neighborhood characteristics in that the proposed WCF will visually blend with the surrounding vegetation and the WCF will comply with FCC design and operational standards. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that the proposed WCF will be unmanned and will only require periodic maintenance, thereby generating minimal traffic. G. The site is suitable for the type and intensity of use or development that is proposed in that the proposed WCF complies with all development standards for the RR-A zone and will enhance telecommunications coverage in the City with no significant visual impacts. H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed WCF will be located in an area of a property that is developed with two existing WCFs and does not involve the removal of natural habitat resources. I. There are no relevant negative impacts associated with the proposed modified WCF that cannot be mitigated in that the facility will comply with FCC design and operational standards. J. That the impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed WCF 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 in that the proposed WCF will meet all development standards for the RR-A zone, will visually blend in with the surrounding vegetation, and will comply with FCC design and operational standards. K. The proposed conditional use will comply with all the applicable provisions of this Title, in that the facility is a conditionally permitted use and has been designed and sited such that it will not result in significant visual impacts and will comply with FCC design and operational standards. 4 of20 February 7, 2023, Item #6Resolution No. 23-Page 3 SECTION 3: The City Council hereby approves CUP22-001, as shown on the approved plans incorporated herein by reference and stamped as "Exhibit A" and dated February 7, 2023 on file in the Development Services Department, except as noted herein, subject to the following conditions: A The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this CUP request shall apply only to the subject project and 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. This CUP approval shall be in substantial conformance with the approved plans stamped as "Exhibit A" with minor modifications including antenna and equipment enlargements and relocations permitted by the Development Services Director. C. Within 30 days of the date of this approval, and before the 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. D. 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. E. The conditions of CUP22-001 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. F. CUP22-001 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. G. The applicant shall obtain a Building Permit prior to work commencing. Prior to issuance of a Building Permit, the applicant shall comply with the following: s of20 1. The site shall be developed in substantial accordance with the approved plans stamped as "Exhibit A" on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. February 7, 2023, Item #6Resolution No. 23-Page 4 2. A $3,000 deposit shall be submitted to the Development Services Department to ensure completion and submittal of the required Confirming Radio Frequency (RF) Report, as specified in condition of approval 1.1 below. The deposit shall also be used to cover the cost of an independent consultant to review the report, as determined by the Director of Development Services. 3. The antennas shall not be activated for use until the Building Division conducts a final inspection of the proposed structures and finals the permit. 4. The Building Permit plans shall include a utility plan that shows the equipment layout. 5. 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. 6. 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. 7. The applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at time of permit issuance. 8. The applicant shall pay the stormwater pollution inspection fee and minimum erosion control deposit according to the latest adopted master fee schedule. 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 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. 12. The Standard Storm Water Quality Management Plan must be completed and submitted prior to building permit issuance. H. Prior to activation of the antennas, the applicant shall comply with the following: 6 of 20 1. The site shall be developed in substantial accordance with the approved plans on file in the Development Services Department stamped as "Exhibit A" and the conditions contained herein. A final inspection from appropriate City departments will be required. 2. All existing and proposed utilities or extension of utilities required to serve the project February 7, 2023, Item #6Resolution No. 23-Page 5 shall be installed underground. No extension of overhead utilities shall be permitted. 3. All utility services shall be installed and completed by the property owner and inspected and approved by the Engineering Inspector. 4. 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. 5. 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. 6. 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. I. Upon establishment of the modified WCF, pursuant to CUP22-001, the following shall apply: 7 of 20 1. Within 30 days of the commencement of operation of the antennas, the operator shall submit a report, prepared by a qualified professional, which specifies the actual RF levels within 500 feet of the facility and includes a statement as to compliance with the FCC Maximum Possible Exposure (MPE) limit. The format of this report shall conform to City requirements. The intent of the report is to measure exposure levels at the location after the facility is in operation and shall include the cumulative RF levels of all the telecommunications facilities at the subject site. A report of these measurements, and the engineer's findings with respect to compliance with MPE limits, shall be submitted to the Director of Development Services. If that analysis determines the MPE levels are exceeded, the operator shall cease operation immediately. Modifications shall be made to the facility and the operator shall conduct a second confirming RF report of the MPE levels. Full operation of the WCF shall not be allowed until the Director of Development Services has determined that the facility is in compliance with Federal guidelines. The City may conduct an independent verification of the results of the analysis provided by the operator, at the operator's cost. Upon demonstration, to the satisfaction of the Development Services Department, that the telecommunications installation is in compliance with all Federal Guidelines, any balance remaining from the security deposit shall be refunded to the applicant, upon written request by the applicant. 2. All facilities and related equipment shall be maintained in good repair. Any damage from any cause including wear and tear shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 3. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from any source exceed the noise standards contained in the PMC. February 7, 2023, Item #6Resolution No. 23-Page 6 4. The owner or operator of the WCF shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 5. The operator of the WCF shall be strictly liable for interference caused by the WCF with City telecommunications systems or other public agency emergency communication systems. The operator shall stop operations and determine the cause prior to restarting the facility. The operator shall be responsible for all labor and equipment costs for determining the source of the interference, all costs associated with eliminating the interference (including, but not limited to, filtering, installing cavities, installing directional antennas, powering down systems, and engineering analysis), and all costs arising from third-party claims against the City attributable to the interference. 6. The WCF shall not be operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no facility or combination of facilities shall produce, at any time, power densities within 500 feet of the WCF that exceed the FCC's MPE limits for electric and magnetic field strength and power densities for transmitters, or any more restrictive standard subsequently adopted or promulgated by the City, County, State of California, or the Federal government. 7. If there is any change in the operating characteristics of the WCF, a report pursuant to Condition 1.1 of this Resolution shall be submitted to the Director of Development Services for review and approval. The Director may also require the operator to prepare an updated RF report, and pay for a third-party review of that report, as part of any review of this CUP. 8. Any service light(s) shall only be operated when maintenance is being performed on the equipment. The service light(s) shall be adequately shielded and directed away from adjacent roadways. 9. The owner of the WCF shall remove all of the communication equipment, and associated structures, approved pursuant to this permit within 60 days of ceasing operation of the telecommunications facility. J. The following requirements shall be completed to the satisfaction of the Fire Department: 1. Do not block emergency vehicle access to any building, street, fire hydrant, or fire protection system. 2. Maintain an unobstructed emergency vehicle access way. 3. Secure compressed gas cylinders. 4. Do not store fuels for the purpose of refueling vehicles or equipment. 5. Provide a minimum 3A40BC fire extinguisher during construction. 8 of 20 February 7, 2023, Item #6Resolution No. 23-Page 7 6. A fire department operational permit may be required for Cutting & Welding, LPG, Compressed Gases, Open Flames & Torches, Flammable & Combustible Liquids, if operations like these take place during construction. SECTION 4: The approval of CUP22-001 shall expire on February 7, 2025 at 5:00 p.m., unless prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP approval has commenced. SECTION 5: 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. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of February, 2023 by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 9 of 20 February 7, 2023, Item #610 of 20 Subject Location: APN 316-063-02 RR-A City of San Diego • NORTH City of Poway Zoning / Location Map Item: CUP22-001 0 125 250 ATTACHMENT B 500 Feet February 7, 2023, Item #6..... 0 .... N 0 )> -I -I )> n :::c ~ m z -I n --- :I ~I I _J_ ~ I I I I I ····---1~ ,,_ ,. m: D<NICO) "" PUrN (SHlil A--1, 1) _ SMl'.l4'41"E 954..11'_ / / / ,....,.. R-100.00' .11-U:25'2:!i· -----;r -~~1' .... ------=-~~-::=----- N'N: 31&-083-0&-00 11' t I NIM'-4a•3:1._ 309.15• ~------J AP!'R0-1[ LOCATION o, ~ o, N I NE I SECTION 22 T14S. R2W _ \_ ~ -= OVERALL SIJE PLAN LANDLORD NOTES: ', \ \ \ 1. COOAL. COHTRICTOR TO CONTACT" \NCllDRD 'WITH 2♦ HCIIAtS NOTlCC PRK>R TO ACCt:SSN;I E0IAPWENT MO. NOTIC[ 51-Wl. 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I.NLSS1t10Ntt.~IMDDl.1)4£Dll(CTl)tt Of'AUCEkSlDPROfnSOW..DICIHCDt. J0M.ffRTH5DOCVWO(f. DRAWN BY: 'CHECKED B'T':rROVEO 8'1': RD RFDS REV I: CONSTRUCTION DOCUMENTS SUBMITTALS REV I DATE I DESCRIPTION D °"21/JCIU lllt\mD1(Dl;lD I" ll9Pl,,__t 1ocm lD LMG.mD CCMIDffl t otft)aJWat 11•• JD LMa.OII CCMIDffl • l~I 1-lD1'Dlll:..,....,._aKD. A Ol/!l,1/ml JIMl.-«TCDl'IIM'CI' 1 m/'{14/ll1A ...._m -.... caai:--..rl J. ,q,'117/2m:l ..:o-.... am::a~ DISH Wirsless LLC. PROJECT INF"ORMAT!ON SDSAN00063A 12601 COBBLESTONE CREEK ROAD POWAY_CA_92064 SHEET Tm.£ OVERALL SITE PLAN SHEET NUMBER A-1 February 7, 2023, Item #6N 0 -t, N 0 ------ ~~,..,icna:me IJ Mf1'DIIM I.D0QD, TrPDtL m: SDUCl 0[1MJ 0N stur CN-2----~ 911. MTIMM flNI -IElt.•c.MaM.SECnlfl ON StUT ,,,_2 r---] __ l u.c. <1> ~ ~ (1)Mtta(1)CM' l MCURIDlD(l)N (riJ~ ~-~ -&( ·~ ,:.,,, ,. \-~~=- ,.,_,,. lliWIIOI If fllOtf1' Of' NfTDIM , -----~ ---,:_ __ _ ,a,mm!U'[Qll:C::W.IWIDIINTH ClUTDI $DWI(. 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ITSAWll.Al'OIO/flM'ralllff~ '"-laf'lt[T-.ICTICUICICIITICDCCTCIN OIAUXNSm~OC.C:Ut,. TO Al.TU TIG coa.on. DRAWN BT: ICH[Q([D BT:~0 BT RD RfDS REV I: CONSTRUCTION DOCUMENTS SUBMITTAlS REV I DATE I OESCRtPT10H •1-.,,,,-,1---- I Cll/,lt/Wal ,_ -~ ~ , ~--~--. ·~ -----·-.,,......,... ,__,,COR:a-- st/al,ISG ..._m-~aa. IQIIP/a:11 ~-.... oe:a- DISH W',relns LLC. PROJ[CT NFORMA.110N SDSAN00063A 12601 COBBLESTONE CREEK ROAD POWAY_CA_92064 SHEET TITLE ENLARGED SITE PLAN AND EOUIPMENT PLAN SHEET NUMBER A-1.1 February 7, 2023, Item #6w .t!l2IES. 1. ~ SHilU. ma YDn MJ. m«NSDII. 2. bJ...__ SPmnCAn0NS lllEfDI 10 #ITD8. ~ NG lO flW. CON5TIIJCT'l0N RFDS FOfll ,... ., omu 1 DIS1'IG ~ NI> rn«:E 01111ED RM <>Nm. •~"100(" TO MIVtffc;R[Dl00l.Clllasnuo, ---(--FORQNITY)\ COlOR NOTES: ,. M.I. NfflMN .... °""9 ...... ~ aMJIID -.nt w 'Socks" nw MIQt:H RIUGEOfJO,lliC(Jff" ~ amt IIIMUSI W: m K ~ ftlll ~ M.I. aMJtS M G000 00f01DI ,a M.I. 1lilEL I. #ftl'MfO,#fflMM, .. aa.ftWff)altllCIIF'IOOCS' NIIJ ML. 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' ------' -------HE!-•--------, ---,cna: sue Iii NIIDNII, ........,,,__ sa: IIQMCt DIDU CN .,Qt-1 ~~~ 7 ,, .... ___ ""---.... -~):;\ ', 1 I ~c 12·-o· HIGH ', I Tme><.~< ' I ',, \ 1· \. \ \ I ' I © ',,,,_ .. r·~ ~~ ""'-' ,\ (2)4"S= ,\ CONDI.KTS ~ ----- "'""""-' © I ;'5TINC c,eu: ;!j' ~ ') o/(,1 ~~ ;_ --i; ~ @ m:1tJRIPOSmON1DOSTNlot1 l'tlOfOSO) ANTENNA LAYOUT MN&lf"ACTURl:R -II00El. ---- 12· &" 0 --1-1c:::. 3/4"•1'-0" -"""-' flll) UN[,,,., AND""'1lt """"""""' 111 I I I 111==~ __,, __ ,,__ ..7U",1LI" 1~ l'-0" ==~= ~ I Al KrA I 11 """"""" ---.. nr:t' • ,1.1·1 45' I l'-0- cw-. I c, smOII -., """" ., ., ..,. ., C1 -C1 ........ ~ -ICDIS4l4HI-O -liWIJf'ACIUIIO -IIJOO. -....... rumu-,._ .. rumu--.-.. ru.mu -,._ .. rumu---.. rumu -,._ ,. rumu-...,...._.... .. .. llmS nr:t' ■ 1&1·1 :mr I l'-0" P01Ut-,.. oc-ooeco.-1,an----.i f'9Elt:NIIS'1~1l5fT 1, ~ TO lllEFDt TO ntw. COMml.lCll0N RfDS fa. MJ. 1' DCTM.S. t. Nf1tMM. NIO lllllH IOJUS IMY OWU:: CUC TO DJPWDII' ......-..n'Y. MJ. EDUPWOfT a-was IUST IE lff'flOilED AHO RCM,t,11 IN CXJ,A,WCE WITH 1Ht PR0f'05ED Da1CN NG STRl.CrulW. NW.'rSES. ANTENNA SCHEDULE ,.,,c.u 2 3 dish wlralass. 5701 SOUTH SANTA rE ORM UTTI.ETON, CO 80120 PLANciiil 302 STATE PLACE, ESCONDIDO, CALIFORNIA 92029 e , . 1Tll•WI.Al'Dtor._.f'D111¥f,i[ll!CIN,, lMCD ncr l#fC. ,enc I.Ml(JI TIC Ollttct'OII Of'A~~o'.°'•u. DRAWN BY: ICH[O([D 8T:~D 11'1" RO Rf'OS REV f: CONSTRUCTION DOCUMENTS SUBWTTAlS REV I DATE I DESCRIPTION •IClll>t/aall_,... I l~l/a11-•u.uaw DI/DI/DI 1«1111 • ~ _.. .,..,..,1-•...c-..- •l~.......,CDLl'lll-m,-,-,_,CD-"--De:11" ... ~~ l'ID-"--Clall--- DISH Wirei.n LLC. PROJECT t,1FORMATION SDSAN00063A 12601 COBBLESTONE CREEK ROAD POWA y_cA_92064 SHEET TITLE ELEVATION, ANTENNA LAYOUT AND SCHEDULE SHEET NUMBER A-2 February 7, 2023, Item #6~ -I l> n :I: s: m z -I m These simulations are intended to be part of or to replace the information provided 1/10/2023 SDSAN00063A 12601 Cobblestone Creek Rd. Poway, CA 92064 di sh wireless. ---'--Proposed _ ,< proposed repfac, otostmutatton of proposed telecommunications site February 7, 2023, Item #6These simulations are intended f1 to be part of or to replace the information provided on the canst 1/10/2023 SDSAN00063A 12601 Cobblestone Creek Rd. Poway, CA 92064 di sh wireless. - - --- - - - ---_&v.~~ Photosimulation of proposed telecommunications site February 7, 2023, Item #6dish wireless 21Page 16 of20 · 1. View of Site from Old Pomerado Road 2. Enlarged View of Picture 1. Looking West at Site February 7, 2023, Item #6dish wireless_ 3JP0age 17 of2 3. View of site from Francine Terrace/Court 4. Enlarged View of Picture 3. Looking South at Site. February 7, 2023, Item #6dish wireless 5. View Southeast from Poway Road 6. View East from Springhurst Drive February 7, 2023, Item #6dish wireless 7. View East of Site from Springhurst Dr Bridge 8. View Northeast from Springhurst Drive February 7, 2023, Item #6(i" l dish wireless 2~;hi~~~) KEY MAP February 7, 2023, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT February 7, 2023 Honorable Mayor and Members of the City Cou,ry:j Eric Heidemann, Director of Public Works -r11" Shadi Sarni, Principal Civil Engineer b5 (858) 668-4717, ssami@poway.org City of Poway CITY COUNCIL Acceptance of the Lester J. Berglund Water Treatment Plant Clearwell Bypass Project; Bid No. 21-020 with G.S.E. Construction Company, Inc. as Complete and Update on the Water Infrastructure Improvement Program On July 20, 2021, the City Council awarded the contract for the Lester J. Berglund Water Treatment Plant Clearwell Bypass Project; Bid No. 21-020 to G.S.E. Construction Company, Inc. in the amount of $7,273,700. This action will accept the project as complete. This report also presents a status update on each project within the Water Infrastructure Improvement Program Recommended Action: It is recommended that the City Council: (1) Accept the Lester J. Berglund Water Treatment Plant Clearwell Bypass 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 $379,131.75 if unencumbered, 45 days after City Council acceptance; (4) Release the Fidelity and Deposit Company of Maryland Bond for Material and Labor in the amount of $7,273,700.00 after the release of retention; and (5) Retain the Fidelity and Deposit Company of Maryland Bond for Faithful Performance for a period of one year. Discussion: The following projects make up the "Water Infrastructure Improvement Program": The Clearwell Bypass Project consists of bypass pipelines, a pump station, a pressure regulating station and two temporary bypass tanks. Each tank has a storage capacity of 1.4 million gallons. The bypass pipelines, pump station and pressure regulating station are located within City property at the Lester J. Berglund Water Treatment Plant site, as well as the Public Works Operations Yard and parking lot. The two tanks are located on the softball field at Lake Poway Park. This bypass system allows the 1 of7 February 7, 2023, Item #7clearwell, the current storage system for treated water, to be taken offline for replacement. Construction started August 30, 2021 and was completed September 30, 2022. Construction Change Orders total $308,935.00. This amount is 4.2 percent of the total construction contract amount. The final contract amount is $7,582,635.00. Staff recommends accepting the work as complete in accordance with the standards and specifications of the contract. The Clearwell Replacement Project consists of replacing the existing clearwell with two new 4-million-gallon prestressed concrete tanks. The existing clearwell has reached the end of its useful life and is in need of replacement to maintain reliable service to Poway residents. This project is currently at the final design stage and is anticipated to be advertised for bids in spring 2023. Request for Proposals for a qualified construction management and inspection firm was released December 1, 2022. Proposals are due February 1, 2023 and selection is anticipated in March 2023. The Council request for award of the consultant agreement for the construction management and inspection services is anticipated to occur at the April 4, 2023 Council meeting. Construction is anticipated to start in summer 2023 and end in fall 2025. The Poway Treated Water Facilities and Redundant Pipeline Project and the San Diego County Water Authority (SDCWA) Poway-5 (POW-5) Turnout and Flow Control Facility (FCF) Project collectively provide Poway with its first treated water connection to SDCWA's treated water aqueduct, as well as redundant pipelines. The SDCWA POW-5 Turnout and FCF Project consists of a flow control facility, a turnout and will be owned and operated by the SDCWA once constructed. The project consisting of water transmission pipelines, a pump station and a forebay is referred to as the Poway Treated Water Facilities and Redundant Pipeline Project and will be owned and operated by the City of Poway once constructed. These two projects will help diversify Poway's water supply portfolio and allow for operational flexibility and plant maintenance. They will also provide a redundant pipeline to the 36" water transmission line on Lake Poway Road, which is currently the single transmission line that carries treated water to the distribution system. Both projects will be at the 50% design stage in spring 2023 and are scheduled to be advertised for bids in winter 2024. Award of the construction contract for both projects is anticipated in Spring 2024. Construction of both projects is anticipated to start in summer 2024. Construction of the SDCWA POW-5 Turnout and FCF is anticipated to end in spring 2025 and the construction of the Poway Treated Water Facilities and Redundant Pipeline project is anticipated to end in winter 2026. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Sufficient funds are available in the Lester J. Berglund Water Treatment Plant Clearwell Bypass Project (WTR0029) for the release of retention. Funds remaining in the project will be transferred to future water projects within the Water Infrastructure Improvement Program. Public Notification: None. 2 of7 February 7, 2023, Item #7Attachments: A. Water Infrastructure Improvement Program Graphics Reviewed/Approved By: Wendy ~nC..------Assistant City Manager 3 of7 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager February 7, 2023, Item #7Existing Clearwell Temporary Pressure Control Valves "' -Existing Water Pipeline -Existing Storm Drain ... _ -Proposed Buried Water Pipeline -Proposed Above-Ground Water Pipeline -Proposed Above-Ground Overflow Pipeline CITY OF POWAY LESTER BERGLUND WATER TREATMENT PLANT OVERVIEW OF PROPOSED CLEARWELL BYPASS SYSTEM February 7, 2023, Item #7 February 7, 2023, Item #7 February 7, 2023, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT February 7, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services City of Poway CITY COUNCIL Jodene Dunphy, Director of Human Resources and Risk Management Robert Manis, Director of Development Services ~ (858) 668-4601 or bmanis@poway.org · Jodene Dunphy, Director of Human Resources and Risk Management f· (858) 668-4413 or jdunphy@poway.org Add a New Position Classification of Principal Civil Engineer to the City of Poway Position Classification Plan and Management/Confidential Salary Schedule One of the divisions of the City of Poway's Development Services Department is Capital Projects Engineering. Engineers in this division are responsible for the Capital Improvements Program (CIP}, which consists of the design and construction of all City projects, including the City's Annual Street Maintenance and Street Overlay projects. There is a current vacancy in the Senior Civil Engineer position within the Capital Projects Engineering division. Based on an organizational analysis of the engineering divisions within the department, staff is requesting the City Council approve a new classification of Principal Civil Engineer so that the Senior Civil Engineer position in Capital Projects Engineering could be reclassified to a Principal Civil Engineer. No additional Full Time Equivalent positions (FTEs) are being requested. The City currently has a similar level classification of Principal Civil Engineer-Utilities in the Public Works Department, with a job description that reflects the unique focus on utilities and the management of complex water infrastructure projects. The proposed new classification of Principal Civil Engineer will be established at the same salary grade as the Principal Civil Engineer -Utilities in the Public Works Department, but the new classification will have a job description that reflect responsibilities, qualifying experience and knowledge needed to perform duties for general capital projects. By approving a more general classification of Principal Civil Engineer, the City Manager will be able to reclassify the Senior Civil Engineer over CIP to Principal Civil Engineer. Recommended Action: It is recommended the City Council approve a resolution adding the classification of Principal Civil Engineer to the City of Poway Position Classification Plan and the Management/Confidential Salary Schedule effective February 7, 2023. 1 of7 February 7, 2023, Item #8Discussion: The City's ability to recruit and retain highly qualified and talented employees at the appropriate classification levels takes continual evaluation of City priorities to ensure positions are structured for success in providing high quality projects, services and programs to the Poway community. The recent vacancy of the Senior Civil Engineer position in the Capital Projects Engineering division of the Development Services Department provides an opportunity to evaluate what level position would successfully accomplish direct oversight and delivery of high-quality capital projects to the community. After a workforce analysis within the engineering division, a thorough review of staffing levels, internal strengths, and a review of the market, it has been determined that a Principal Civil Engineer overseeing the Capital Projects Engineering section is the appropriate classification based on: 1) the impact of the position's responsibilities and exposure to the community; 2) the need for high level negotiations with contractors and outside agencies; 3) the level of experience and knowledge needed to deliver high quality projects; 4) the consequence of error if responsibilities and expectations of the position are not met; 5) the level of accountability needed for the position, and 6) the responsibility of training and evaluating staff within the division. The Principal Civil Engineer will report to the City Engineer and supervise staff from the Capital Projects Engineering division, along with the City's Engineering Inspectors, all of whom are responsible for completing high quality projects within the City's CIP. Staff believes this will be best accomplished by the work of a Principal Civil Engineer. Based on an internal evaluation of the City of Poway classification and compensation structure and a market review, it is recommended the Principal Civil Engineer classification be placed in the Management/Confidential Employee Group 2A Exempt At-Will at Grade 731, with a monthly salary range of $9,937 -$12,080, which is the same salary grade as the Principal Civil Engineer -Utilities. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The estimated annual cost increase for reclassifying the Senior Civil Engineer to Principal Civil Engineer is $18,802. The cost increase for the remainder of Fiscal Year 2022-23 is approximately $7,600 (including salary and benefits). Sufficient funds are available in the department's budget to cover the expenses for the current fiscal year due to salary savings from current vacancies. Public Notification: None. Attachments: A. Resolution approving the City of Poway Position Classification Plan and Management/Confidential Salary Schedule to Reflect the Addition of a Principal Civil Engineer 2of7 February 7, 2023, Item #8Reviewed/Approved By: Assistant City Manager 3 of7 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager February 7, 2023, Item #8RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE CITY OF POWAY POSITION CLASSIFICATION PLAN AND MANAGEMENT/CONFIDENTIAL SALARY SCHEDULE TO REFLECT THE ADDITION OF THE PRINCIPAL CIVIL ENGINEER CLASSIFICATION WHEREAS, the City of Poway is committed to ensuring the effective organization of city resources in order to provide the highest quality services, projects and programs for the Poway community; WHEREAS, a Principal Civil Engineer classification has been identified as the appropriate level to oversee the Capital Projects Engineering division in the Development Services Department; WHEREAS, the City Council must approve new classifications added to the City's Position Classification Plan and changes to the Salary Schedules, and the new classification specification for Principal Civil Engineer is on file in the Human Resources and Risk Management Department and available on the City's website; WHEREAS, the City Council approves the changes incorporated into the Poway Position Classification Plan, attached hereto as "Exhibit A" and the City of Poway Management/Confidential Salary Schedule attached hereto as "Exhibit B" to reflect the addition of the new Principal Civil Engineer classification; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Poway, that the following personnel changes are authorized effective February 07, 2023: SECTION 1: Creation of a Principal Civil Engineer classification added to the City's Position Classification Plan. SECTION 2: Addition of the Principal Civil Engineer classification to the Management/Confidential Salary Schedule at Grade 731, with a monthly salary range of $9,937 -$12,080, effective February 07, 2023. 4of7 ATTACHMENT A February 7, 2023, Item #8Resolution No. 23-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of February, 2023 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of7 February 7, 2023, Item #8Classification Accountant Accounting Technician II Administrative Assistant I Administrative Assistant II Administrative Assistant III Aquatics Coordinator Assistant City Manager Assistant Director of Finance Operations Assistant Director of Public Works for Maintenance Operations Assistant Director of Public Works for Utilities Assistant Engineer Assistant Planner Associate Civil Engineer Associate Planner Box Office Attendant Box Office Coordinator City Clerk City Engineer City Manager City Planner Code Compliance Officer Community Outreach Coordinator Construction Maintenance Crew Leader Construction Maintenance Supervisor Construction Maintenance Worker I Construction Maintenance Worker II Contract Specialist/Inspector Cross-Connection Specialist Customer Services Field Worker Customer Services Technician I Customer Services Technician II Deputy City Clerk Deputy Fire Chief Deputy Fire Marshal Development Services Aide Director of Community Services Director of Development Services Director of Finance Director of Human Resources & Risk Management Director of Public Works Dock Attendant Engineering Inspector Engineering Technician I Engineering Technician II 6 of7 EXHIBIT A City of Poway Position Classification Plan Classification Equipment Mechanic Executive Assistant to the City Manager Facilities Maintenance and Soecial Districts Suoervisor Facilities Maintenance Technician I Facilities Maintenance Technician II Finance Manager Fire Battalion Chief Fire Captain/Paramedic Fire Chief Fire Engineer/Paramedic Fire Safety Inspector Firefighter/Paramedic Fleet Maintenance Supervisor Front of House Assistant Front of House Coordinator GIS Analyst General Maintenance Worker -Temporary Human Resources Technician I Human Resources Technician II Information Technology Analyst Intern Interpretive Services Coordinator Lead Customer Services Field Worker Lead Engineering Inspector Lifeguard Management Analyst Management Assistant Network and Computer Systems Administrator Network and Computer Systems Analyst Park Ranger Parks and Trails Area Manager Parks Maintenance Crew Leader Parks Maintenance Supervisor Parks Maintenance Worker I Parks Maintenance Worker II Principal Civil Engineer Principal Civil Engineer -Utilities Public Works Operations Manager Records Technician Recreation Area Manager Recreation Coordinator Recreation Leader I Recreation Leader II Revenue and Operations Manager Classification Revenue and Operations Supervisor Seasonal Parks Maintenance Worker Senior Accountant Senior Accounting Technician Senior Administrative Assistant Senior Administrative Assistant -Confidential Senior Civil Engineer Senior Code Compliance Officer Senior Dock Attendant Senior Equipment Mechanic Senior Facilities Maintenance Technician Senior Fire Safety Inspector Senior Human Resources Analyst Senior Lifeguard Senior Management Analyst Senior Park Ranger Senior Planner Senior Utility Systems Mechanic Senior Utility Systems Technician Special Projects Engineer Stage Technician Stormwater Maintenance & Construction Worker I Stormwater Maintenance & Construction Worker II Technical Theater Coordinator Utilities Administrator Utility Systems Mechanic Utility Systems Supervisor Utility Systems Technician Warehouse Associate Wastewater Utilities Crew Lead Wastewater Utilities Supervisor Wastewater Utilities Worker I Wastewater Utilities Worker II Water Treatment Plant Lead Operator Water Treatment Plant Manager Water Treatment Plant Operator I Water Treatment Plant Operator II Water Treatment Plant Operator III Water Utilities Crew Leader Water Utilities Distribution Supervisor Water Utilities Worker I Water Utilities Worker II Approved at a regular meeting of the Poway City Council on 02/07/2023 February 7, 2023, Item #8EXHIBIT B City of Poway Management I Confidential Salary Schedule Effective February 7, 2023 Classification Title I Approx. Monthly I Salarv Rane:e City Manager 22,664 r.m, ,n 1 Cvomn, M.\MII Min-Max Min Assistant City Manager 13,346-18,684 76.9976 Director of Community Services 12,710-17,795 73.3313 Director of Development Services 12,710-17,795 73.3313 Director of Finance 12,710-17,795 73.3313 Director of Human Resources & Risk Management 12,710-17,795 73.3313 Director of Public Works 12,710-17,795 73.3313 Fire Chief 12,710-17,795 73.3313 Classification Title I Grade I Approx. Monthly I Salary Range Step 1 Group 2A Exempt At-Will Assistant Director of Public Works Utilities 731 9,937 -12,080 57.3277 Assistant Director of Public Works Operations 731 9,937 -12,080 57.3277 Assistant Director of Finance Operations 731 9,937 -12,080 57.3277 City Clerk 681 8,778 -10,670 50.6411 City Engineer 780 11,139-13,540 64.2668 City Planner 731 9,937 -12,080 57.3277 Deputy Fire Chief 780 11,139-13,540 64.2668 Deputy Fire Marshal 620 7,503-9,121 43.2917 Finance Manager 681 8,778 -10,670 50.6411 Fire Battalion Chief (not at-will/2912 hrs/yr) 570 9,285 -11,286 38.2636 Parks and Trails Ar!=!a Manager 560 6,470 • 7,865 37.3303 Principal Civil Engineer 731 9,937 -12,080 57.3277 Principal Civil Engineer -Utilities 731 9,937 -12,080 57.3277 Public Works Operations Manager 681 8,778 -10,670 50.6411 Recreation Area Manager 560 6,470 -7,865 37.3303 Recreation Area Manager (Y-Rated) 681 8.778 -10.670 50.6411 Revenue and Operations Manager 681 8,778 -10,670 50.6411 Water Treatment Plant Manager 681 8,778 -10,670 50.6411 Group 28 Exempt Accountant 481 5,326 -6,475 30.7255 Associate Civil Engineer 602 7,261 -8,826 41.8893 Associate Planner 521 5,902 • 7,174 34.0517 Community Outreach Coordinator 571 6,678-8,117 38.5265 Deputy City Clerk 571 6,678 -8,117 38.5265 Gl5 Analyst 531 6,050 • 7,354 34.9030 Information Technology Analyst 531 6,050 -7,354 34.9030 Network & Computer Systems Analyst 550 6,312 -7,673 36.4198 Management Analyst 531 6,050 -7,354 34.9030 Network & Computer Systems Administrator 631 7,744 -9,413 44.6789 Revenue and Operations Supervisor 571 6,678 -8,117 38.5265 Senior Accountant 561 6,515-7,919 37.5868 Senior Civil Engineer 682 8,871 -10,782 51.1773 Senior Code Compliance Officer 501 5,618 -6,829 32.4109 Senior Fire Safety Inspector 541 6,201 • 7,537 35.7756 Senior Human Resources Analyst 571 6,678 -8,117 38.5265 Senior Management Analyst 571 6,678-8,117 38.5265 Senior Planner 581 6,845 -8,320 39.4897 Special Projects Engineer 571 6,678-8,117 38.5265 Utilities Administrator 631 7,744-9,413 44.6789 Water Utilities Distribution Supervisor 640 7,884 -9,583 45.4833 Group 3 Non-Exempt Assistant Engineer 531 6,050 -7,354 34.9030 Assistant Planner 491 5,481 -6,662 31.6204 Code Compliance Officer 461 5,090 • 6,186 29.3627 Construction Maintenance Supervisor 501 5,618 -6,829 32.4109 Facilities Maintenance and Special Districts Supervisor 501 5,618 -6,829 32.4109 Fire Safety Inspector 461 5,090 • 6,186 29.3627 Fleet Maintenance Supervisor 521 5,902-7,174 34.0517 Management Assistant 491 5,481 -6,662 31.6204 Parks Maintenance Supervisor 480 5,310 • 6,455 30.6387 Senior Accounting Technician 460 5,054 -6,144 29.1623 Utility Systems Supervisor 650 8,081 -9,822 46.6204 Wastewater Utilities Supervisor 620 7,504-9, 121 43.2917 Group 4 Non-Exempt Accounting Technician II 360 3,948 -4,799 22.7815 Administrative Assistant Ill 331 3,692 -4,488 21.3002 Executive Assistant to the City Manager 451 4,965 -6,035 28.6465 Human Resources Technician I 412 4,498 -5,468 25.9523 Human Resources Technician II 451 4,965 -6,035 28.6465 Senior Administrative Assistant-Confidential 380 4,148 • 5,042 23.9348 7of7 Hourly I Step 2 I Step 3 I 60.1939 63.2037 60.1939 63.2037 60.1939 63.2037 53.1732 55.8319 67.4801 70.8541 60.1939 63.2037 67.4801 70.8541 45.4563 47.7291 53.1732 55.8319 40.1767 42.1856 39.1968 41.1567 60.1939 63.2037 60.1939 63.2037 53.1732 55.8319 39.1968 41.1567 53.1732 55.8319 53.1732 55.8319 53.1732 55.8319 32.2616 33.8747 43.9837 46.1827 35.7528 37.5413 40.4510 42.4745 40.4510 42.4745 36.6466 38.4798 36.6466 38.4798 38.2411 40.1535 36.6466 38.4798 46.9109 49.2574 40.4510 42.4745 39.4644 41.4385 53.7360 56.4230 34.0300 35.7324 37.5628 39.4418 40.4510 42.4745 40.4510 42.4745 41.4623 43.5364 40.4510 42.4745 46.9109 49.2574 47.7575 50.1454 36.6466 38.4798 33.2000 34.8609 30.8295 32.3718 34.0300 35.7324 34.0300 35.7324 30.8295 32.3718 35.7528 37.5413 33.2000 34.8609 32.1708 33.7797 30.6206 32.1520 48.9514 51.3990 45.4563 47.7291 23.9206 25.1167 22.3643 23.4831 30.0776 31.5822 27.2488 28.6119 30.0776 31.5822 25.1318 26.3887 Step4 I 66.3639 66.3639 66.3639 58.6235 74.3968 66.3639 74.3968 50.1156 58.6235 44.2948 43.2145 66.3639 66.3639 58.6235 43.2145 58.6235 58.6235 58.6235 35.5684 48.4920 39.4178 44.5975 44.5975 40.4032 40.4032 42.1601 40.4032 51.7195 44.5975 43.5098 59.2440 37.5184 41.4133 44.5975 44.5975 45.7124 44.5975 51.7195 52.6527 40.4032 36.6033 33.9898 37.5184 37.5184 33.9898 39.4178 36.6033 35.4678 33.7587 53.9690 50.1156 26.3725 24.6570 33.1608 30.0420 33.1608 27.7073 Max 107.7966 102.6635 102.6635 102.6635 102.6635 102.6635 102.6635 Step S 69.6909 69.6909 69.6909 61.5582 78.1167 69.6909 78.1167 52.6213 61.5582 46.5096 45.3752 69.6909 69.6909 61.5582 45.3752 61.5582 61.5582 61.5582 37.3547 50.9165 41.3896 46.8285 46.8285 42.4243 42.4243 44.2678 42.4243 54.3067 46.8285 45.6863 62.2062 39.3952 43.4849 46.8285 46.8285 47.9992 46.8285 54.3067 55.2853 42.4243 38.4343 35.6900 39.3952 39.3952 35.6900 41.3896 38.4343 37.2409 35.4464 56.6674 52.6213 27.6911 25.8903 34.8195 31.5448 34.8195 29.0926 Approrl.-d at a r'--gular m..:o.:ting of th<! Powa.y Cily Council on 02/07/2023