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03-07-2023 Agenda PacketAGENDA REPORT CityofPoway DATE: TO: FROM: March 7, 2023 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk � (858)668-4535 or cgallagher@poway.org CITY COUNCIL SUBJECT: Approval of the February 7, 2023 Regular City Council Meeting Minutes Summary The City Council Meeting Minutes submitted hereto for approval are: •February 7, 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 the February 7, 2023 Regular City Council Meeting Minutes. Public Notification: None. Attachments: Reviewed/Approved By: w�titas!an Assistant City Manager 1 of 6 Reviewed By: Alan Fenstermacher City Attorney A.February 7, 2023 Regular City Council Meeting Minutes March 7, 2023, Item #2 ATTACHMENT A March 7, 2023, Item #2 NOTE: These draft meeting minutes ore not officio/ until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES February 7, 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, 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 Services Bob Manis; Interim Director of Finance Tim McDermott; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain Karla Menzies, Sheriff's Department. (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE Deputy Mayor Leonard invited Tierra Bonita Elementary 5th Grade Webelos from Cub Scout Pack 109 to lead the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus recognized the passing of former founding Poway City Councilmember and Mayor Mary Shepardson. Mayor Vaus spoke on the contributions of Ms. Shepardson as a preserver and maker of Poway history, her role as the first female Mayor of Poway, and her work as a journalist and historian. He noted adjournment of tonight's meeting would be in honor of Mary Shepardson. Mayor Vaus then led a moment of silence. 2 of6 March 7, 2023, Item #2 City of Poway -Minutes -February 7, 2023 PRESENTATIONS None. PUBLIC COMMENT Wes McMorran spoke regarding the San Diego MTS bus system within the City of Poway and requested increased daily hours of operation for the 944 and 945 bus fines. Adam Burch spoke regarding traffic and safety concerns on Midland Road and Midland Elementary School. CONSENT CALENDAR Motioned by Councilmember De Hoff, seconded by Mayor Vaus to approve Consent Calendar Items 1 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 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the January 17, 2023 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 23-004 entitled, "A Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVID-19) Global Pandemic" 4. Award of 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) Nick Carruthers spoke In opposition to item #4 specific to concerns over potentially harmful effects of chemicals associated with materials used in the installation of artificial sod. 5. Award of Agreement to Weatherproofing Technologies, Inc. for the Roof Maintenance Program and As-Needed Repairs; RFP No. 23-007 ORDINANCES FOR INTRODUCTION None. PUBLIC HEARINGS: 6. Conditional Use Permit 22-001, a Request to Construct a Wireless Communications Facility at the Terminus of Cobblestone Creek Road and Determination that the project is Exempt from the California Environmental Quality Act pursuant to Section 15303(d) of the CEQA Guidelines 3 of6 March 7, 2023, Item #2 City of Poway -Minutes -February 7, 2023 Mayor Vaus opened the Public Hearing at 7:12 p.m. Senior Planner Austin Silva presented the item along with a PowerPoint presentation. He presented slides showing the project including the site, location, zoning information, elevation and construction drawings. Mr. Silva discussed the design, layout, and provided photo simulations of the antennas and noted the facility design and foliage would hide or cover most of the structure from public view. The property currently contains two other wireless communication facilities operated by Sprint and Verizon and Mr. Silva stated the project would provide enhanced services in the area once construction and operation are completed. Public Commf)nt: None. End of Public Comment. Mayor Vaus closed the Public Hearing at 7:15 p.m. Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No. 23-005 entitled, "A Resolution of the City Council of the City of Poway, California1 Approving Conditional Use Permit (CUP) 22-001; for the Construction of a Wireless Communications Facility at the Terminus of Cobblestone Creek Road; Assessor". Motion carried unanimously. STAFF REPORTS: 7. 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 Principal City Engineer Shadi Sarni presented the item along with a PowerPoint presentation. She noted the Water Infrastructure Improvement Program is the largest water improvement program the City has undertaken since incorporation noting it will improve the resiliency and operational flexibility of Poway's water infrastructure and provide safe and reliable water service to Poway residents. She presented slides showing the Clearwell Bypass Project and updates on the Clearwell Replacement Project and remaining projects related to the Water Infrastructure Improvement Program. She stated the bypass project is operationally successful, was completed under budget and shared photos of the completed project. Ms. Sarni then discussed the next phase of the project, replacement of the Clearwell. Her presentation included project and design status, updates on the project timeline and the evaluation of proposals for construction management and inspection firms. The presentation concluded with information on the final two projects known as the Treated Water Facilities Projects. Status updates and an overview of the scope of the projects were shared. Public Comment: None. End of Public Comment. 4 of6 March 7, 2023, Item #2 City of Poway -Minutes -February 7, 2023 Council discussion ensued. In response to Council questions, Principal City Engineer Shadi Sarni noted the cost savings were due to successfully negotiating change orders with contractors during construction and due diligence in managing design consultants. Ms. Sarni explained the new treated water projects will allow the City to get treated water from the San Diego County Water Authority (SDCWA), which allows for plant maintenance and repairs without interruptions to service. She clarified the two final projects are separate due to financial considerations and the potential for one of the projects to be completed by the SDCWA. Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to 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. Motion carried unanimously. 8. Add a New Position Classification of Principal Civil Engineer to the City of Poway Position Classification Plan and Management/Confidential Salary Schedule Director of Human Resources and Risk Management Jodene Dunphy presented the item. She noted a vacancy currently exists in the Engineering Division of the Development Services Department. Ms. Dunphy noted staff completed a workforce analysis within the Engineering Division and are recommending the establishment of a new Principal Civil Engineer classification to oversee Capital Projects. If approved, the action will create a new Principal Civil Engineer classification and reclassify the current vacant Senior Civil Engineer position to the new Principal Civil Engineer classification. She commented the changes will not add full time equivalent position (FTE) to employee count but will allow a current FTE to be reclassified. She provided an annual cost increase of approximately $18,800, with the estimated cost for the current 2022-23 Fiscal Year to be $7,600. She noted sufficient funds are available to cover the costs this fiscal year due to current vacancies. Public Comment: None. End of Public Comment. Motioned by Mayor Vaus, seconded by Councilmember Pepin to adopt Resolution No. 23-006 entitled, "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". Motion carried unanimously. WORKSHOPS None. COUNCIL-INITIATED ITEMS: None. 5 of6 March 7, 2023, Item #2 City of Poway -Minutes -February 7, 2023 COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G .C. 53232(d)) Councilmember Pepin announced having attended the League of California Cities Newly Elected Officials Conference and stated the event was educational and productive. Councilrnember De Hoff announced also having attended both the League of California Cities Conference and a meeting held at UCSD for Newly Elected officials. He shared personal experiences from the programs and sessions he attended and added the best way for the public to contact him is by use of his City email. Additionally, he spoke regarding his participation in a City Fire Department training session and noted having attended the Sheriff's Department Memorial Wake. Deputy Mayor Leonard spoke about his experience attending the Sheriffs Department Memorial Wake organized by Captain Karla Menzies on behalf of fallen deputies. He commended her for organizing the event. Mayor Vaus reported on having attended the Sheriff's Department Memorial Wake and thanked Sheriff Department Captaih Karla Menzies for organizing the event. He noted the event was originally started by Councilmember Frank's father and thanked Captain Menzies for continuing the tradition. CITY MANAGER ITEMS None. CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None. ADJOURNMENT Mayor Vaus adjourned the Regular Meeting at 7:47 p.m. in memory of former Mayor and Councilrnember Mary Shepardson. 6 of 6 Carrie Gallagher, CMG City Clerk City of Poway, California DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City ofPoway March 7, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /v( Sara Trunzo, Senior Civil Engineer b\ (858) 668-4622 or strunzo@poway.org CITY COUNCIL Approval of Consultant Agreement with Project Design Consultants (PDC) for Design Services for the Butterfield Trail Sewer Upsize project, RFP No. 23-012 This Consultant Agreement will provide design services for the Butterfield Trail Sewer Upsize project. Recommended Action: It is recommended the City Council approve the Consultant Agreement (Attachment A) with Project Design Consultants (PDC) in the amount of $346,000 for Design Services for the Butterfield Trail Sewer Upsize project, per the outlined terms of the agreement and authorize the City Manager to execute the necessary documents. Discussion: In 2013, the City of Poway updated the Sanitary Sewer Master Plan to reflect growth in development, modifications to the wastewater system, and ongoing water conservation efforts. Due to capacity issues with the existing infrastructure, this upsize project was determined to be necessary as part of the updated Sanitary Sewer Master Plan. On December 20, 2022, the Development Services Department issued a Request for Proposal (RFP No. 23-012) for design services for the Butterfield Trail Sewer Upsize project and received two proposals. The project scope includes the upsizing of the sewer along Ash Hollow Crossing Road, Espola Road and Cloudcroft Drive between Butterfield Trail and the southeastern corner ofThe Farm development. After careful review of the proposals, staff determined PDC was highly qualified and the best firm to perform the design work required. Approval of this Agreement will provide professional design services for the Butterfield Trail Sewer Upsize project. This includes performing a preliminary investigation that will include geotechnical investigation and design survey. After the preliminary investigation, the consultant will complete the design and prepare construction documents which are anticipated to be finalized in approximately four months. The consultant will then assist City staff with construction administration tasks and 1 of 27 March 7, 2023, Item #3 survey document preparation. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The consultant's fee will be based on the scope of work as outlined in the Consultant Agreement and the not-to-exceed fee of $346,000. There is sufficient funding available in the Butterfield Trail Sewer Upsize project (SW003) for this request. The funding for this project is provided by the Sewer Enterprise Fund (5200) which is funded by the Sewer Connection impact fees paid by all new development connecting to the City's sewer system . Public Notification: None. Attachments: A. Consultant Agreement Reviewed/Approved By: Wen Kaserman Assistant City Manager 2 of 27 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chris Hazeltine City Manager March 7, 2023, Item #3 City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 8th day of March, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and PROJECT DESIGN CONSULTANTS, a Bowman company, (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant for the preparation of plans, specifications, and estimates for the Butterfield Trail Sewer Upsize project (Project); and WHEREAS, Consultant is a civil engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of 27 ATTACHMENT A March 7, 2023, Item #3 5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of27 2 March 7, 2023, Item #3 "Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: C8J 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of 27 3 March 7, 2023, Item #3 (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, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of 27 4 March 7, 2023, Item #3 (c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) lri any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of27 5 March 7, 2023, Item #3 Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code · of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 8 of 27 6 March 7, 2023, Item #3 Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 9 of 27 7 March 7, 2023, Item #3 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:------------Chris Hazeltine, City Manager Date: ------------ ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By:--------------Alan Fenstermacher, City Attorney 10 of 27 PROJECT DESIGN CONSULTANTS, a Bowman Company 8 By:------------Greg Shields, PE, Principal-In-Charge Date: ------------ March 7, 2023, Item #3 "SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the preparation of plans, specifications, and estimates further described in the Scope of Services submitted with the proposals dated January 19, 2023, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated January 19, 2023, which are included in this document as Attachment 2. Total fee is not to exceed Three Hundred and Forty-Six Thousand Dollars ($346,000). Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received . In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall commence and be effective as of March 8, 2023 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 11 of 27 1 March 7, 2023, Item #3 (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy bf Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled , until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 12 of 27 2 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Project Design Consultants 701 B Street, Suite 800 San Diego, CA 92101 March 7, 2023, Item #3 Attachment 1 Scope of Work When the project is awarded and our team is authorized to proceed, we will provide a detailed explanation of the scope of services for this project. Identifying goals at the start of a project is a necessary component to the project's success. We will maintain open and fluid communication throughout the length of the project, respect existing site conditions and utilize our experience within the design field to provide this community with a sewer upgrade on-time and in budget. Our team is familiar with all facets of technical design of gravity sewer pipelines. Our design experience and understanding of how sewer systems operate coupled with our capabilities in the hydraulic analysis of gravity sewers and their associated structures places us in an ideal position to provide overall guidance of the design of the Butterfield Trails Sewer Upsize project. Dexter Wilson Engineering, Inc. in conjunction with PDC's team will compile field data including existing sewer inverts and existing sewer horizontal alignment, existing utilities and other spatial constraints such as existing rights-of-way, available vertical elevation change across the upsize pipe segments, geotechnical data, and required peak wet weather flow capacity. These parameters will be used to generate the recommended horizontal and vertical alignment of the upsize sewer. This work is the critical step in preparing a successful design package. Dexter Wilson Engineering, Inc. will contribute its expertise at this key design milestone, which will assist PDC in proceeding with preparing the design plans. 13 of 27 DETAILED WORK ACTIVITIES A. Project Kick-Off Meeting The PDC team will visit the site, and refine the sites opportunities and constraints. Based on the information in the RFP we assume that, we will setup a kickoff meeting with the City to review the assigned tasks and all programing elements. The potential construction and sewer bypassing issues which may affect the proposed sewer alignment will also be discussed. Marina Wurst will assemble the appropriate team members with discipline leaders noted in the organizational chart included in this response. During the kickoff meeting we will have all relevant disciplines present. We will discuss the procedure and schedule for the project. We will also explore the amenities list to prioritize the various amenities identified in the RFP. Our team will explore the essential infrastructure to support the sewer upgrade. B. Task 1 -Preliminary Design Investigation Task 7 A -Survey and Mapping Aerial Topography -A new aerial imagery and topography will be prepared of the project area. Includes efforts for photogrammetry staff to scribe the electronic planimetric line work. Contours and elevations shown will be based on the NAVO 88 datum. Mapping -Services will include a field boundary survey of the R/W and property lines that is based upon the City-provided title report for any affected private properties and other mapping reference documents. Also included is the plotting of existing easement encumbrances. Supplemental Survey-Collect additional topographic and survey data to support preparation of the construction documents. Includes survey of existing features to be included in the aerial topography file, and survey and dipping existing sewer manholes to establish the existing horizontal and vertical sewer main alignment. Pothole Exhibit/ Survey-Includes efforts to determine pothole locations. Assumes USA markout March 7, 2023, Item #3 Scope of Work (continued) 14 of 27 will be handled by others prior to commencement of the potholing operation. This scope item also includes survey efforts required to field markout the proposed (if determined necessary) pothole locations as well as to field as-built the actual locations potholed following the completion of the pothole operation. Assumes 10 potholes will be needed. Task 1 B -Preliminary Engineering Existing Record Research -Effort includes reviewing utility record drawings provided with the RFP and coordinating with the City and other agencies for additional drawings and information needed. Additional information needed would include, but not limited to: existing force main information at the end of the project, existing lift station connection east of the SDCWA easement, and additional related to the horizontal and vertical information of the sewer laterals to be reconnected to the realigned sewer main. Base/Master Drawing -This task includes creation of the electronic AutoCAD master drawing file, which will incorporate the aerial topography and survey and mapping information provided in Task 1 A. The base master drawing will also include existing wet utility information generated from the aerial topography, field visits, and available City record research. Additional information related to the existing sewer main and existing sewer lateral connections will be gathered through a separate Sewer Camera Investigation. Existing dry utilities will also be shown based on the information provided by the dry utility consultant. In addition, the base file will include the proposed preliminary sewer realignment. Note: The proposed sewer alignment may need to be offset from the existing alignment in order to keep the existing line active during construction. This will be discussed in the project kick off meeting. Meetings and Coordination -Attend meetings and coordination with the City as design progresses. Task 1 C -Geotechnical Investigation Background Research and Project Document Review -Services include reviewing published geologic maps, geotechnical reports, aerial photographs, existing utility drawings/as-builts, and other literature pertaining to the proposed sewer alignment to aid in evaluating geologic hazards that may be present. Dig Alert Markout -Services include marking proposed boring locations and scheduling Underground Service Alert for utility location. Final boring locations will be field adjusted based on utility conflicts. Borings will be drilled at the approximate locations shown below: March 7, 2023, Item #3 Scope of Work (continued) 15 of 27 City of Poway Permits -Services include obtaining the necessary permits to drill within the city rights- of-way, including encroachment, excavation, and traffic control permits. Small Diameter Drilling -Services include performing seven hollow stem auger borings adjacent to the existing sewer alignment to observe and sample the existing geologic conditions. Borings will be advanced to a maximum depth of 19 feet below street grades or to practical refusal, whichever occurs first. Borings will be advanced with traffic control in place. Laboratory Testing -Services include performing laboratory tests including maximum dry density/ optimum moisture content, gradation, water-soluble sulfate content, chloride ion concentration, and pH and resistivity. The laboratory testing would include the necessary tests to help evaluate the engineering properties for the existing soil along the proposed sewer alignment. Geotechnical Investigation Report-Services include preparing a geotechnical report in accordance with the 2022 California Building Code and presenting our findings and our conclusions and recommendations regarding the geotechnical aspects of constructing the proposed sewer line. Our report would include a summary of the potential geologic hazards that might affect the project (faulting, liquefaction, seismic shaking, landslides), soil/excavation characteristics, and preliminary geotechnical recommendations for the design and construction of the project including: -Excavation and Soil Characteristics -Temporary Excavation Recommendations -Dewatering Recommendations (if applicable) -Pipe Bedding and Trench Backfill Recommendations -Pavement Recommendations. Deliverables: Geotechnical Report -submitted to the City with 50% CDs Task 1 D -Preliminary Wastewater Engineering Specific design services to be performed by Dexter Wilson Engineering, Inc. include: Design of transition manholes Hydraulic calculations to confirm that pipe sizes and slopes can supply the requisite peak wet weather flow capacity within the design criteria of the City of Poway for sewer systems Review of pipe material recommendations Preparing pipe loading calculations as necessary to verify the adequacy of the pipe materials and bedding to be specified for installation Preparation of Green Book format technical specifications and special provisions Task 1 E -Dry Utility Investigation Effort includes pulling SDG&E, AT&T and Cable TV facilities records/ as-builts. Field verifying and providing additional comment/ clarification on a PDC exhibit, based on field review. Identify specific areas that should be marked-out and potholed and provide to PDC. Review field mark out for additional clarification and provide additional comments to PDC. Review PDC's incorporation of dry utilities into base file March 7, 2023, Item #3 Scope of Work (continued) 16 of 27 C. Task 2 -50% Construction Documents The PDC team will Incorporating the findings of the site visit, Geotechnical Report, utility mapping, and survey, the design team will then proceed to produce and submit the 50% construction documents. The construction documents and any other applicable submittal documents will be submitted to the City of Poway and the San Diego County Water Authority. Before each scheduled submittal of the construction documents, Dexter Wilson Engineering, Inc. will provide a Quality Control check of the design plans. Based on the known information and the Storm Water Intake Form, it is assumed a Hydrology and Hydraulic Report and SWQMP will not be required for this project. Task 2A -Sewer Realignment Plan PDC will prepare the 50% construction documents. The project design shall be prepared in AutoCAD format, 2012 version or newer. The scale of the plans shall be one (1) inch =twenty (20) feet (l "=20') and use vertical datum NAVO 88. The elevations in the Poway Benchmark list are datum NGVD 29 and will need to be converted. The plans will consist of 22 sheets (1 Title Sheet, 2 Detail Sheets, 12 Sewer Realignment Plan/Profile Sheets, 2 Sewer Main Abandonment Sheets, and 5 Erosion Control Plan sheets prepared at a smaller scale). The plans will show the sewer realignment work within the City R/W, existing sewer easements, and within the existing SDCWA easement. Assumes no additional easements will be required. Assumes reconstruction of private improvements within City easements and City R/W will not be a part of the construction documents. Task 28 -Cost Estimate Prepare cost estimate based on 50% construction document. Estimate shall include detailed quantities and unit costs based on the current Development Services Engineering Division Unit Price List. Task 2C -Contract Specifications Contract outline specifications shall include the City's General and Technical Provisions. The format shall follow the currently adopted Green book and Poway's supplemental specifications. Task 2D -Traffic Control Plan Services include preparation of traffic control plans for the Sewer realignment and installation on Espola Road. The plan will consist of four sheets (1 Title Sheet and 3 Traffic Control Sheets showing the 3 phases of traffic control on Es pol a Road). Assumes the traffic control needed on Butterfield, Ash Hollow Xing, and Cloudcroft Drive can be handled by the contractor and an plan prepared by the Engineer will not be required. Deliverables: Two (2) hardcopy bond sets and a PDF copy of project plans for City review, construction cost estimate and an outline specification in Greenbook format. The consultant shall submit plans to SDCWA (contact SDCWA for their requirements) for their review. March 7, 2023, Item #3 I Scope of Work (continued) 17 of 27 D. Task 3 -90% Construction Documents Using the feedback from the City (provided via emails, comment summary letters, red lines, and calls/ meetings) and SDCWA on the 50% construction documents submittal, the PDC team will then proceed to produce and submit the 90% construction documents. Task also includes team coordination and meetings to address City and SDCWA comments. Deliverables: Two (2) hardcopy bond sets and a PDF copy of project plans for City review, construction cost estimate and draft technical specifications special provisions in Green book format. The plans will also be submitted to SDCWA for their review. E. Task 4 -1 00% Construction Documents Using the feedback from the City (provided via emails, comment summary letters, red lines, and calls/ meetings) and SDCWA on the 90% construction documents submittal, the PDC team will then proceed to produce and submit the 100% construction documents. Deliverables: Two (2) hardcopy bond sets and a PDF copy of project plans for City review, construction cost estimate and complete technical specifications special provisions in Greenbook format. The consultant shall submit plans to SDCWA (contact SDCWA for their requirements) for their review. F. Task 5 -Bid Documents Using the feedback from the City (provided via emails, comment summary letters, red lines, and calls/ meetings) and SDCWA on the 100% construction documents submittal, the PDC team will then proceed to produce and submit the project's bid documents. Deliverables: 1. Mylars, signed by the project engineer and SDCWA representative, and ready for the City Engineer's signature. 2. After the City Engineer has signed the plans, Two (2) hard copy bond sets and a PDF copy of the signed project plans. 3. Construction cost estimate. 4. Complete technical specifications special provisions in Green book format. G. Task 6 -Bidding and Bid Review The PDC team will be available to assist City staff with Request for Information (RF!) questions from the contractors bidding the project and the preparation of any one addendum. We will assist City staff in reviewing the received bids for completion. 25 hours have been budgeted for this task. Deliverables: One Addendum March 7, 2023, Item #3 I Scope of Work (continued) 18 of 27 H. Task 7 -Construction Administration The PDC team will review construction submittals, change orders, and RFI questions. We have budgeted to review five construction submittals, five RFls, and three change orders. I. Task 8 -Package for Vacation Processing The PDC team will prepare plat and legal exhibits and closure calculations for the two easements to be vacated over the abandoned sewer lines. One (1) City review is anticipated for the package. Assumes PDC will not be processing any other entitlement documents or items needed for an easement vacation submittal. The City will handle the Easement Vacation Processing. Deliverables: Surveyor wet-signed and sealed plat, legal, and closure calculations for the sewer easements to be vacated post-construction. J. Task 9 -Record Drawings The PDC team will prepare record drawings at the completion of construction. Assumes the contractor will provided PDC with a redline of the known field changes. PDC will prepared a redline of the record drawings utilizing the contractor's redlines, field visit to confirm the as built conditions, and any other record of changes during construction (RFls, emails, calls, field visits, meetings). Final record drawings shall be prepared once the City has approved the red lines by incorporating construction and field changes onto the original mylars. If the extent of changes makes it impractical to revise an original mylar sheet, individual original mylar sheets may be voided and replacement sheets may be added. Deliverables: Signed mylar record drawings and a PDF copy of the signed record drawings. March 7, 2023, Item #3 19 of 27 PROJECT DESIGN CONSULTANTS a Bowman company Attachment 2 Butterfield Trail Sewer Upsize RFP #23-012 Proposal • Fee Spreadsheet Task 1 Preliminary Design Investigation Task 1A Survey and Mapping Task 1B -Preliminary Engineering Task 1C -Georechnica/ Investigation (Geocon) Task 1D -Preliminary Wastewater Engineering (DWE) Task 1E -Dry Utility Investigation (US/) Task 2 'Soi"Comtnid1on Documents Task 2A -Sewer Realignment Plan Task 3 90% Construction Documents Task 4 100% Construction Documents Task S Bid Documents Task 6 Bidding and Bid Review Task 7 Construction Administration Task B Package for Vacation Proce.ssing Task 9 Record Drawings Fixed Fee T&M 1 Aerial Topography 2 Mapping 3 Supplemental Survey s,s,ooo 4 Pothole Exhibit/ Survey ~ $25,000 + $32,000 = $57,000 1 Existing Record Research 2 Base Master Dra'Ning 3 Meeting and Coordination $16,000 1 Background Research & Project Document Review 2 Dig Alert Markout 3 City of Poway Permits 4 Small Diameter Drilling 5 Laboratory Testing 6 Geotechnical Investigation Report $22,500 s,2,soo so • si ,.soo = $12,500 $10,000 $0 + ~.ooo· = ~.000 $120,000 TASK 1 TOTAq 1 ISewer Realignment Plan S70,000 ._2_,!I_Co_,_t _E,_tim_a_t_e __________ ~ 3 IContract Specification 41Traffic Control Plan SG,000 $4,000 $a3,ooo + so = su,ooo ____ ~ ~1 _..:,$6:.::3:.:.,000:..:.TASK 2TOTAq $60,000 $60,000 TASK 3 TOT Aq $25,000 $25,000 TASK4 TOTAq $20,000 $20,000 TASK 5 TOTAq $5,000 $5,000 TASK 6 TOTA $15,000 $15,000 TASK 7 TOTAq $6,000 $6,000 TASKS TOTAq $12,000 $12,000 $12,000 TASK9TOTAQ $136,000 + $210,000 =I $346,000 TOTAL FEE! 701 B Street, Suite 800, San Diego, VA 92101 619.235.6471 projectdesign.com I bowman.com March 7, 2023, Item #3 I Compensation Our fee proposal was created using the scope of services outlined in the RFP. Compensation will be based on the fee provided by PDC. Any necessary changes to the project fee or scope will be reviewed and approved by the client. 20 of 27 Principal PDC HOURLY RATE SCHEDULE Effective October 1, 2021 Senior Project Manager/ Senior VP/VP Project Manager/Associate & Assistant VP Planning & Landscape Architecture Senior Planner Senior Landscape Architect Associate Planner, Senior Landscape Designer Landscape Architect, Project Planner Landscape Designer, Assistant Planner Junior Planner, GIS Technician Graphics Artist Junior Landscape Designer Planning Intern Engineering Senior Project Engineer, Design Manager Project Engineer, Design Supervisor Design Engineer, Senior Civil Designer Civil Engineer Civil Designer Assistant Civil Engineer Design Drafter Clerical Permit Processor Junior Technician, Intern Surveying, Photogrammetry Senior Surveyor Survey Crew Manager, Surveyor Senior Survey/Map Technician Survey/Map Technician II Survey/Map Technician I Clerical 1-Man Crew 2-Man Crew 3-Man Crew $215 $200 $195 $170 $140 $135 $130 $125 $115 $110 $100 $70 $175 $150 $145 $130 $125 $110 $100 $85 $85 $70 $175 $160 $135 $120 $110 $85 $175 $235 $370 Reimbursable charges for blueprinting, photographic mylar reproduction, photocopying, travel and mileage, delivery services, telephone charges, computerized plotting, special graphic supplies, facsimiles, and other direct project charges incurred on behalf of Client will be billed to Client at cost plus 10%. Rates subject to change without notice. March 7, 2023, Item #3 Compensation (continued) DEXTER WILSON HOURLY RATE SCHEDULE Effective January 1, 2023 CLASSIFICATION Office Personnel: Planning/Design Principal Engineer (RCE) · Managing Engineer (RCE) Project Engineer (RCE) Senior Engineer (RCE) Design Engineer (RCE) Associate Engineer Ill (RCE) Associate Engineer II Associate Engineer I Engineering Aide II Engineering Aide I Drafting/Design Clerical 21 of 27 Senior Designer Senior Drafter Drafter II Drafter I HOURLY RATE $240.00 $230.00 $210.00 $185.00 $155.00 $145.00 $135.00 $110.00 $ 100.00 $ 95.00 $140.00 $120.00 $105.00 $ 95 .00 $ 70.00 March 7, 2023, Item #3 Compensation (continued) GEOCON HOURLY RATE SCHEDULE PROFESSIONAL SERVICES Word Processor/Non-Technical Assistant/Draftsman/Dispatcher.................................................................................................... $80/hr Engineering Assistant/Lab Technician............................................................................................................................................. 80/hr Engineering Field Technician (Earthwork/Compaction Testing/Backfill)....................................................................................... *85/hr Special Inspector (Concrete, Rebar, Masonry, Welding, etc.).......................................................................................................... *85/hr Engineering Inspector (Bottom Approval / Shoring / Foundations / Piles)...................................................................................... * I 05/hr Staff Engineer/Geologist .................................................................................................................................................................. * 115/hr Project Engineer/Geologist .............................................................................................................................................................. * 140/hr Senior Project Engineer/Geologist................................................................................................................................................... * 150/hr Senior Engineer/Geologist............................................................................................................................................................... * 175/hr Associate Engineer/Geologist.......................................................................................................................................................... * 185/hr Principal Engineer/Geologist/Litigation Support............................................................................................................................. 200/hr Attorney Fees (General)................................................................................................................................................................... 350/hr Deposition or Court Appearance...................................................................................................................................................... 400/hr Overtime/Saturday Rate/Night Rate (7pm -6am w/ 8-Hr minimum per call out) ..................................... :..... 1.5 X Regular Hourly Rate Sunday and Holiday Rate ..................................................................................................................................... 2 X Regular Hourly Rate Minimum Field Services Fee (per day or per call-out) ..................................................................................................................... 4 Hours Short-Notice Cancellation (after 4 pm of the day prior to the scheduled inspection time) ............................................................... 4 Hours Short-Notice Cancellation (upon or after arrival at jobsite) ............................................................................................................. 4 Hours *Prevailing Wage (PW) California Labor Code§ I 720, et. Seq add $40/hr TRAVEL Personnel ....................................................................................................................................................................... Regular Hourly Rate Subsistence (Per Diem) ................................................................................................................................................................... $150/day Vehicle Mileage ............................................................................................................................................................................. 0.60/mile EQUIPMENT, MATERIALS, & ANALYTICAL TESTS Nuclear Density Gauge ......................................................... $10/hr 55-Gallon Drum ...................................................................... 65/ea Sand Cone Testing Equipment.. .............................................. 10/hr Visqeen (6 mil 20XI00') .................................................... 135/roll Vehicle .................................................................................... I 0/hr Traffic Cones/Barricades ..................................................... 35/day Special Inspection Equipment .................................................. 5/hr TPHg(EPA 80158) ................................................................ 70/ea Asphalt Cold Patch/Concrete (60-lb.), Cement (94-lb.) ........ 18/bag TPHd/TPHmo .................................................. (EPA 8015M) 75/ea GPS Unit ............................................................................. 165/day TPH Carbon Chain Breakdown .................... (EPA 8015M) 110/ea Pick-up Truck ..................................................................... 125/day Methanol and/or Ethanol (EPA 8015M) .............................. 110/ea Direct-Push Rig/Operator ..................................... l 65/l 90(PW)* /hr Volatile Organic Compounds ....................... (EPA 82608) I 10/ea Direct-Push Sample Liner ....................................................... 10/ea Semi-Volatile Organic Compounds ................. (EPA 8270) 180/ea Hand-Auger ........................................................................... 40/day PAHs (EPA 8270SIM) ........................................................ 160/ea Soil Sample Tube (Brass or Stainless) ................................... 10/ea CAM 17 Metals (EPA 60 I OB) ............................................. 170/ea Bailer (Reusable) ................................................................... 33/day Single Metal ..................................................... (EPA 60108) 20/ea Bailer (Disposable) .................................................................. 15/ea Hexavalent Chrome (EPA 7199) ........................................... 60/ea Stainless Sampling Pump ................................................. $150/day Organochlorine Pesticides (EPA 808 I) ............................... 110/ea Battery-Powered Pump ........................................................ 75/day Organophosphorus Pesticides (EPA 8141) .......................... 125/ea Water Level Indicator ........................................................... 40/day Interface Probe ..................................................................... 85/day Chlorinated Herbicides (EPA 8151) .................................... I 25/ea PCBs (EPA 8082) .................................................................. 75/ea Photo-Ionization Meter ...................................................... 125/day Soil pH (EPA 9045C) ............................................................. 20/ea Combustible Gas Meter ...................................................... 125/day WET or TCLP Extraction ...................................................... 75/ea pH/Conductivity/Temperature Meter ................................... 50/day EPA 5035 Sample Kits .......................................................... 25/ea Turbidity Meter .................................................................... 80/day Asbestos (PLM) ..................................................................... 20/ea Air Sampling Pump .............................................................. 80/day Level D PPE/Decon Rinse Equipment ................................. 50/day Concrete Coring Equipment ............................................... 180/day Generator or Air Compressor ............................................. I 05/day Distilled Water (5-gallon) ...................................................... 15/ea Asbestos (400-point count) ..................................................... 45/ea Sample Compositing................................................. 20/composite 48-hour Turnaround Time ...................................... 60% surcharge 72-hour Turnaround Time ...................................... 40% surcharge 22 of 27 March 7, 2023, Item #3 LABORATORY TESTS* COMPACTION CURVES (D698/D l 557 /T99/Tl 08) 4-inch mold ................................ $215/ea (D698/Dl557/T99/Tl08) 6-inch mold .................................. 215/ea (CT 216) California Impact ................................................... 210/ea Check Point ............. · ................................................................ 91/ea (D l 632/CT3 l 2) Soil Cement Cy!. Fabrication (Set of 3) .... 150/set (Dl632/CT312) Soil Cement Cy!. Fabrication (Addtl. Spec.) 50/ea (DI 633/CT312) Soil Cement Comp. Strength (Set of3) .... 300/set (Dl633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) .............................................................................................. I 00/ea SOIL AND AGGREGATE STABILITY (D2844/CT301) Resistance Value ....................................... $279/ea (D2844/CT301) Resistance Value, Treated ........................... 314/ea (Dl883) California Bearing Ratio ......................................... 556/ea (C977) Stabilization Ability of Lime .................................... 190/ea (Dl883) Calif. Bearing Ratio (Army Corp of Engineers) .... 105/ea CHEMICAL ANALYSIS (GI 87/CT643/T288) pH and Resistivity ............................. $129/ea (D4972/T289) pH Only ........................................................... 50/ea (CT4 l 7) Sulfate Content ......................................................... 93/ea (CT422) Chloride Content ...................................................... 62/ea (D2974) Organic Content.. ...................................................... 75/ea PERMEABILITY, CONSOLIDATION AND EXPANSION (D5084) Permeability, Flexible Wall .................................. $281/ea (D5856) Permeability, Rigid Wall ........................................ 27 l/ea (D2434) Permeability, Constant Head .................................. 280/ea (D2434) Permeability, FHA Slab-on-Grade .......................... I IO/ea (D2434) Permeability, Hourly ................................................. 55/ea (D2435/T216) Consolidation (6 pts. w/ Unload) ................... 378/ea (D2435/T2 l 6) Consolidation Additional Point w/ Unload ...... 54/ea (D4546) Swell/Compression Testing & Density ................... 125/ea (D4546) Swell/Settlement Testing & Density (ea. addtl. pt.) .85/ea (D4546) Swell/Settlement Testing & Density (County) ........ 100/ea (D4546) Swell/Settlement Testing & Density (FHA) ............ 90/ea (D4829) Expansion Index of Soils ........................................ 149/ea STEEL TESTING Reinforcing Steel Tests: (A370) Tensile Strength & Elongation # 11 Bar & Smaller ............................................... $100/ea #14Bar ................................................................... 125/ea # 18 Bar (Proof Test) .............................................. 150/ea (A370) Bend Test #11 Bar & Smaller ................................................. $50/ea #14 & #18 Bar .......................................................... 70/ea (A370) Tensile -Mechanically Spliced Bar #11 Bar & Smaller ............................................... $150/ea # 14 Bar & Larger ................................................... 190/ea (A3 70) Tensile -Electric Resist. Butt Splice w/ Control ...... I SO/ea (A3 70) Straightening of bar (if required) ................................ 25/ea Structural Steel Tests: (A370) Machining & Prep of Test Specimen ............... Cost+ 20% (A370) Tensile Strength & Elongation Up to 200,000 lbs ................................................. $100/ea 200,000 -300,000 lbs ............................................ 125/ea 300,000 -400,000 lbs ........................................................... 150/ea Pre-stressing Wire & Tendon Tests: (A421) Tensile Strength, Single Wire ................................. $150/ea (A416) Tensile Strength, 7-Wire Strand ............................... 175/ea 23 of 27 SOIL AND AGGREGATE PROPERTIES (D422/T88) Particle Size, Hydrometer w/out Sieve ........... $160/ea (Cl36/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash ..... 150/ea (Cl36/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash .... 125/ea (Cl36/D6913/T27) Sieve, Coarse or Fine No #200 Wash .... 106/ea · (C 117 /D 1140/Tl 1) Materials Finer than #200 ....................... 64/ea (D2216/T265/CT226) Moisture Content ................................ 22/ea (D2487 /D2488) Visual Soil Classification ............................. 30/ea (D293 7) Density of In-Place Soil, Drive-Cy!. Method ........... 45/ea (D4943) Shrinkage Factors of Soils, Wax Method ................. 55/ea (Cl3 l/C535/CT21 l) L.A. Abrasion Resistance ................. $196/ea (C 142/Tl 12) Clay Lumps and Friable Particles ................... IO I/ea SOIL AND AGGREGATE PROPERTIES (CONTD.) (Cl23/Tl 13) Light Weight Particles .................................... 245/ea (D3744/CT229/T2 l 0) Durability Index Fine ........................ 175/ea (D3744/CT229/T210) Durability Index Coarse .................... 175/ea (CT227) Cleanness Value ..................................................... 165/ea (D4791) Flat & Elongated Particles ...................................... 150/ea (D693/CT205) Percent Crushed Particles ............................. 145/ea (DS 821) Percent. of Fractured Particles, Coarse Aggregate. 140/ea (C40/CT2 I 3/T2 I) Organic Impurities .................................... 59/ea (C235) Soft Hardness (Scratch Hardness) ........................... 100/ea (C88/CT214/Tl04) Sulfate Soundness ................................. 410/ea (Cl 252/T304) Uncompact. Void Content, Fine Aggregate .. 150/ea (Cl27/CT206/T85) Coarse Specific Gravity .......................... 54/ea (Cl28/CT207/T84) Fine Specific Gravity .............................. 72/ea (D854/CT209/Tl 00) Specific Gravity of Soil ........................ 74/ea (C29/CT212/Tl 9) Unit Weight & Percent Voids ................... 73/ea (D2419/CT217/Tl76) Sand Equivalent... ............................. 103/ea (D43 l 8/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) 160/ea (D43 l 8/CT204/T89) Liquid Limit... ..................................... 100/ea (D43 l 8/CT204/T90) Plastic Limit... ..................................... 100/ea (C330) Spec. for Lightweight Aggregates, Struc. Concrete .. Quote SHEAR STRENGTH (D2 l 66) Unconfined Compression ..................................... $ 129/ea (D3080/T236) Direct Shear (3 points) ................................ 232/set (D3080/T236) Direct Shear Addtl. Points/ea. residual pass. 100/ea (D2850) Unconsolidated-Undrained Triaxial Shear ............. 134/ea (D2850) Unconsolidated-Undrained Triaxial Staged ........... I 85/ea (D4767) Consolidated-Undrained Triaxial Shear ................. 291/ea (D4767) Consolidated-Undrained Triaxial Staged ............... 371/ea (EM! 110) Consolidated-Drained Triaxial Shear. ................. 391/ea (EM 1110) Consolidated-Drained Triaxial Staged ................ 505/ea MASONRY** Concrete Block Test (Sets of3 Required): (Cl40) Unit Weight Moisture Content & Absorption .......... $64/ea (Cl40) Moisture Content/Absorption (ea. addtl. specimen) .. 65/ea (Cl40) Compression Test.. ................................................... 195/ea (Cl40) Compression Test (ea. addtl. specimen) .................... 64/ea (C426) Linear Drying Shrinkage .......................................... 285/ea (CI 09/UBC 21-16) Mortar Cylinder (2"x4") ........................ 27 /ea (C942) Grout Prism (3"x3"x6"), trimming included .............. 35/ea Masonry Prism (Assemblage): (Cl314) 8"x8"xl6" -8"xl2"xl6" .................................... $200/ea (C1314) 8"xl6"xl6" -I0"xl2"xl6" ................................... 225/ea (Cl314) 12"xl2"xl6" -12"xl6"xl6" ................................. 250/ea (Cl314) Larger than 12"xl6"xl6" ....................................... Quote March 7, 2023, Item #3 LABORATORY TESTS* (CONTINUED) High Strength Bolt. Nut. & Washer Tests: Brick Test (Set of 5 Specimens): (A325/A490) Tensile Test on Bolts .................................... $100/ea (C67) 24-Hour Absorption, Cold Water ............................ $225/set (A563) Proof Load Test on Nuts ........................................... 100/ea (C67) 5-Hour Absorption, Boiling Water .......................... $225/set (A325/A490) Hardness Test on Bolts ..................................... 50/ea (C67) Compression Test or Modulus of Rupture ............... $255/set (A536) Hardness Test on Nuts ................................................ 50/ea (C67) Each Additional Specimen ........................................... 45/ea (F436) Hardness Test on Washers ........................................... 50/ea CONCRETE** Weld Specimen Tests: Mix Designs: (El64) Ultrasonic Examination ............................... Quote (ACI211/ACI214) Concrete Mix Design ............................ $211/ea Machining & Prep of Test Specimen ........................... Cost+ 20% (ACI211/ACI214) Review of Concrete Mix Design ............ 211/ea (E381) Macrotech Test (3 Faces) ........................................... $355 (CI 92) Concrete Trial Mix (includes equipment & labor) ... 505/ea ASPHALT TESTING Concrete Properties: Asphalt Properties: (C39/CT52 I/T22) Comp. Strength, Concrete Cyl. ............... $28/ea (D2726/CT308/Tl66) Bulk Spec. Grav. Compacted HMA .. $96/ea (C42/CT52 I/T22) Comp. Strength, Concrete/Gunite Core .... 60/ea (DI 560/CT366) Stabilometer Value (HVEEM) ................... I 06/ea (C78/CT523) Flex. Strength of 6"x6"x2 I" Concrete Beam ... 85/ea (D204 I) Theoretical Max Specific Gravity ............................. 79/ea (Cl 74) Length Measuring of Drilled Cores ............................ 75/ea (D5444) Sieve Analysis of Extracted Asphalt... ...................... 91/ea (CI 140) Shotcrete Panel-Coring & Testing (Set of 3) ......... 290/set (D6307 /CT382) Percent Asphalt, Ignition Method ............... 106/ea (Cl 140) Shotcrete Panel (each addtl. specimen) .................... 90/ea (D 1188) Unit Weight of Asphalt Core .................................... 64/ea (C496) Static Modulus ofElasticity ..................................... 200/ea MISCELLANEOUS TESTING SERVICES (C496) Drying Shrinkage (Set of 3, up to 28 days) ............. 395/set Calibration of Hydraulic Ram: . (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete 95/ea 100 Ton & Under .......... : ............................................. : ....... $200/ea IOI Tons -200 Tons ............................................................. 300/ea (F 1869) Vapor Emission Rate, Concrete Subfloor ................. 50/ea Use of Universal Testing Machine: UTM with One Operator .................................................... $320/ea Additional Technician ....................................... Regular Tech Rate Spray Applied Fireproofing: (E605/E736) Fireproofing Oven Dry Density/Thickness ..... $90/ea *2X Surcharge on rush turn-around for laboratory testing. **Fee applies for sample storage, testing, or disposal. I. 2. 3. 4. 5. 6. 7. 24 of 27 Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments, recommendations or conclusions. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is $155.00 per day when location of work dictates. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum two-hour charge Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon's (the term "Geocon" includes Geocon's partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50,000 or the total compensation receivedji-om Client by Geoconfor services rendered on this project, for any and all of Client's injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geoconfrom and against all liabilities in excess of the monetary limit established above. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon's total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client's project, as well as persons and other entities not involved in the project, to the greater of $100,000 or the total compensation received from Client by Geoconfor services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys 'fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geoconfor acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or ent,y onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon 's liability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon 's actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon 's actions or inactions. March 7, 2023, Item #3 EXHIBIT "8" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173 .333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 25 of 27 (!)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 1 March 7, 2023, Item #3 Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 26 of 27 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. 2 March 7, 2023, Item #3 Cal Gov Code § 7522.56 ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date ofretirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note- Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 27 of 27 3 March 7, 2023, Item #3 March 7, 2023, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway March 7, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services~ Robert Manis, Director of Development Services 858-668-4601 or bmanis@poway.org CITY COUNCIL Pre-Development Conference (PDC) 23-0001, a proposal to construct a 30,500 square-foot Recreational Fitness Club by Life Time including outdoor fitness uses, lit recreational courts, a restaurant and bar, alcohol sales, a day spa and small supportive retail at The Farm in Poway Life Time (Applicant) is proposihg to construct a 30,500 square-foot (sf) Recreational Fitness Club with outdoor fitness uses, lit recreational courts, a restaurant and bar, alcohol sales, a day spa and small supportive retail on approximately 6.87 acres at The Farm in Poway (The Farm). Modifications to the hours of operation, screening, signage and the maximum non-residential building area in the Open Space Recreation (OS-R) land use designation of the Farm in Poway Specific Plan (Specific Plan) are proposed. The project is subject to approval of a minor modification to the Specific Plan (SPA), Conditional Use Permit (CUP) and Development Review (DR) modification. The review of Pre-Development Conference (PDC) 23-0001 is advisory only. The City Council will not render any decision. If the Applicant wishes to proceed with an application, it is with the understanding that the City Council has made no representation upon which the Applicant may rely. Recommended Action: It is recommended the City Council provide input and direction regarding the request. Discussion: Background The Applicant is Life Time, Inc. and the Property Owner is The Farm in Poway LLC. The 6.87-acre site (Assessor's Parcel Number 273-932-25-00) is within The Farm development, and thus subject to the Specific Plan. The Farm is located at the former StoneRidge golf course and country club, which is north of Espola Road, between Valle Verde Road and Cloudcroft Drive. The Farm is bordered by single-family homes and condominiums to the north, east, and west. The fitness club project site is zoned Planned Community (PC) 9 (the same zoning designation as the entire Specific Plan area), and the land use designation in the Specific Plan is Open Space -Recreation (O5-R). The site is designated as ''The 1 of37 March 7, 2023, Item #4 Club" in the Land Use Plan. Existing homes on Saint Andrews Drive are located just west of the proposed fitness club. Future residential development within The Farm will be located to the north and south of the fitness club. Future residential development will be located to the north and south of the fitness club and the future dog park will be located to the east. A location/zoning vicinity map is included as Attachment A. The Land Use Plan is included as Attachment B. The Farm project is a ·117-acre subdivision and includes construction of up to 160 homes with recreational, agricultural and commercial amenities. The approval of The Farm included adoption of a new Specific Plan governing the regulatory framework of the new subdivision. The Specific Plan, Environmental Assessment, Zone Change, Zoning Ordinance Amendment, General Plan Amendment, Tentative Tract Map, Development Review and Conditional Use Permit were approved by the City Council on June 16, 2020 and, per statutory requirements, by the City of Poway voters at the November 3, 2020 General Election. The fitness club site approved as part of the Development Revlew showed a 2,953 sf fitness club wtth eight tennis courts and a swimming pool. Project Summary The Applicant is proposing to construct a 30,500 sf Recreational Fitness Club by Life Time. The facility includes outdoor fitness uses, lit recreational courts, a restaurant and bar. alcohol sales. a day spa and small supportive retail on approximately 6.87 acres at The Farm. This will be a membership facility. Stucco and stacked stone siding and standing metal seam roofing is proposed consistent with The Farm architectural designs. Modifications to the hours of operation, screening, signage and the maximum non-residential building area in the OS-R land use designation are proposed. The project will require a SPA, CUP and DR modification. The facilities proposed include a larger fitness building with additional amenities. Less recreational courts are proposed (three tennis or six pickleball courts in lieu of eight tennis courts) and the parking and pool areas are larger. The site proposal exceeds parking requirements by 77 spaces (248 spaces proposed). The proposed landscape plan, site plan, and elevations are provided as Attachment C. A traffic study addendum was prepared that reevaluated the currently proposed mix of land uses within The Fann using the proposed fitness club and the methodology provided by the California Air Pollution Control Officers Association (CAPCOA). The CAPCOA traffic analysis measures how different land -use types near one another support shorter trips and a greater share of non-automobile mode choice. The addendum shows that the fitness club is being designed as a community amenity with both active and passive recreational uses. Typical fitness centers focus on active use recreation, wherein members arrive, work out, and leave, resulting in more daily trips. Life Time proposes additional passive recreation uses, such as a community-style resort pool. and a focus on social activities. Therefore, the typical length of stay is likely to be longer, and guest turnover rates (and associated trips) are lower than a typical fitness center. The proposed facility includes parking for neighborhood vehicles and increased trail connections and amenities. As a result of the CAPCOA analysis, the mixed-use internal capture reduction from the non-residential uses results in a reciprocal reductlon in trips for the resldential uses and the project provides an overall reduction in projected daily vehicle trips and vehicle miles traveled for the entire Farm development. The adaptive signal installation along Espola Road is in process. Table 3.1 in the Specific Plan (Attachment D) states that the maximum square footage of all combined non-residential uses rs 30,000 sf. The approved project Included 23,251 sf. The table also states in a footnote that the maximum number of ADT's (Average Daily Trips) resulting from the mix of all uses (residential and non-residential) is 2,524 ADT. With the proposed Life Time fitness club, the total area of non-residential uses would be 49,561 sf. However, despite the increase in square footage, using 2 of 37 March 7, 2023, Item #4 the CAPCOA traffic analysis, the total ADT for all uses within The Farm is 2,487 ADT, under the Specific Plan's cap. Section 8.3.9 (A) of The Farm in Poway Specific Plan allows a minor modification to the Specific Plan to be processed administratively with Development Services Director approval. Since the total ADT for all uses is less than what was determined with the original EIR (based on the CAPCOA traffic analysis), staff believes the proposal qualifies for the minor modification process. However, the Specific Plan also states that the Director may refer any decision to the City Council. This proposal also includes an amendment to the DR for the modified site plan and a CUP for alcohol sales at the restaurant and bar. Since these must be approved by City Council,, it is recommended that the SPA also be considered by the City Council, rather than approved administratlvely, so the entire project can be considered concurrently. Public Comment A neighborhood meeting was held on February 15, 2023, where the Appllcam: provided a public open house to review the project. There were approximately 40 attendees. There were attendees both for and against the project. Comments included c,oncerns related to the inconsistency with original approval, increased hours of operation, and potential increases in noise, traffic and lighting, There were mixed opinions related to the price of membership and larger size of the facility with less recreational courts. There were also requests for the project to be approved by a City-wide vote and for noticing of the project to be City-wide. All correspondence received as of the printing of this report is provided as Attachment E, Any additional correspondence received prior to 3:00 p.m. on Monday, March 6, will be provided at the City Council Meeting. Recommendation: The review of the PDC23-0001 is advisory only. The applicant is seeking feedback on their proposed plans. The City Council will not render any decision. If the Applicant wishes to proceed with their application, it is with the understanding that the City Council has made no representation upon which the Applicant may rely. The Agreement of Understanding ls included as Attachment F. Environmental Review: Because no action can be taken, this item is not a "Project" pursuant to the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review. After project submittal, staff will determine the appropriate CEQA document to be prepared. Fiscal Impact: None with this item as no action will be taken. If the project moves forward, it Is anticipated that there will be an increase to property and sales tax revenue. The extent of the increase is not known at this time. Public Notification: Adjacent property owners to The Farm Specific Plan area were notified of the PDC and postings on the property and the City's website were provided. This is a courtesy notice since there Is no noticing 3 of37 March 7, 2023, Item #4 requirement for a pre-development conference. Should the applicant submit a formal application, noticing will be required to all properties within 500 ft of the boundaries of The Farm development and anyone else who has requested notice or expressed interest in the project. Attachments: A. Zoning/Location Map B. Land Use Plan (The Farm in Poway Specific Plan Exhibit 3.1) C. Conceptual Landscape Plan, Site Plan and Architectural Renderings D. Table 3.1 in The Farm ln Poway Speclfic Plan E. Correspondence Received F. Agreement of Understanding Revlewed/Approved By: aserman Assistant City Manager 4of37 Reviewed By: Alan Fenstermacher City Attorney Approved Bv: ~~ Chris Hazeltine City Manager March 7, 2023, Item #4• NORTH 5 of 37 City of Poway Zoning / Location Map Item: PDC23-0001 0 125250 ATTACHMENT A 500 Feet w!~:r~ror Over land :P.ass F!Cr ~snHollow ·crossing~_ ~, March 7, 2023, Item #4 ' ·1 . .:;:.--.....,.._......_ __ -lE ·~---'-'----:;_ . 1! -·""J ;;_:;;:J:;:;,:::;;,::...===~;;;:::;:i: nFl!TIITl'-<:;;;::l!H" I ~ J •= ,i. . ,.. ....:. ----L ESPO la(!dscape Space-Easem Exhibit 3.1: Land Use Plan The Farm in Poway Specific Plan, June 16, 2020 OS-C Legend Specific Plan Area Boundary Landscape Open Space Easement 125-foot SDCWA Right-of-Way Open Space Land Use Dimicts: [::=J Conservation Open Space (OS-C) [:::=I Recreational Open Space (OS-R) Residential Land Use Districts: [:::=I Residential -Twin (R-T) [:::=I Residential -Cottage (R-C) [:::=I Residential -Garden (R-G) [:::=I Residential -Homestead (R-H) [:::=I Residential -Meadow (R-M) 3-3 6 of 37 ATTACHMENT B March 7, 2023, Item #4 AVmJd Jl'li JJll 'r/'J 'A'r/MOd --.............. ---:.: 7 of 37 ATTACHMENT C March 7, 2023, Item #4 AVMOd 3i'<U. 3.;11 V'J 'AVMOd 8 of 37 I 1d J IJ ~l!P!fliii shsi3e,!,e ~h.,., ,,, March 7, 2023, Item #4 I 1 II i l I ! ! f-iii r ·11 f I!!,. 9 of37 I i ! • j l !, It .. I l i I ! I i I M " March 7, 2023, Item #4 land uses within the Specific Plan consist of open space and various residential uses as summarized in TfifDle 3. 8: R..cainrd /LUse Sm,1me1ry and fExhilbdt 3. 8: l.etwe:1 ll.Dsca Plan, which describe the distributlon and maximum development intensit>; of uses as permitted by the Specific Plan. Appro ..... Usa/Land Use Net A eain Acres (AC} Private Streets 12.96 Open Space (OS) Land Use Districts Conservation OS (OS-C)l 55.72 Recreational OS (OS-R.)2-14.65 Total Open Space 70.37 Residential (R) Land Use Districts R-Twin (R-T) 2.05, R-Cot.:age (R.-C) I 6.71 R-Garden (R-G) 2.78 R-Hornesteacls (R-H) R-Meac!ows (R-M) Total Residential 8.00 4.31 33.85 Specific Plan Area Total 1 l 17.18 ercent of tanning A.r~a (%) II.I% 47.5% 12.5% 60.0% 1.7% (4,3% 2.4% 6.8% 3.7% 28.9% i00% Max.. lon- Ma-<imom Number of Dwelling Units (DU) ResidentiaJ Reside , tial Density Bu-it<fing A r::a in Square F2et (DU/AC) (Sf) NA NA NA I\JA NA MA NA NA 30,000 NA NA 30,000 22 t0.7 N,~ 90 5.4 1,1A 13 4.7 NA 20 2.5 NA [5 3.5 i\lA 160 4.7 160 1.4 30,000 I. Statistics-are based upon preliminary design and may vary slightly from Development Plan, Tentative Map, and/or Final Map. Please refer to Section 8.3.6 regarding substantial conformance. 2. The mi:{ of uses within the Specific Plan area shall not exceed 2,524 New Net Average Daily Trips using rates specified in SANDA G's (Not So) Mef Guide of Vehicular Traffic Generation Rotes fol' the Son Diego Region, April 2002. 3. Permitted GSF e;cclµdes ·any accessory structures such as sheds, greenhouses, restrooms or similar that are anclllary to a community garden 01· agricultural use as defined in Section 3.2.2.B. /).. maximum of 15 percent of the total area of the open OS-C zone can include accessory structures and impervious surfaces. Such structures shall be separated by a minimum SO feet. 4. Pursuant to State Law, local governments cannot preclude an Accessory Dwelling Unit (ADU) or a Junior Accessory Dwelling Units OADU). An ADU and JADU is an accessory use for the purposes of counting allowable density under general plan and zoning and is therefore not counted as an additional unit. An ADU and JADU shall be permissible in accordance with the PMC or, if the locally adopted ordinance is void, the State Government Code. Please see Section 3.3.2.G. for more about ADUs. 10 of 37'"2 ATTACHMEl')IT D . . The rarn, m Poway Draft Specific Plan, January 2020 March 7, 2023, Item #4 Patty Fletcher From: Sent: MICHELE WIELD <michele.wield@cox.net> Saturday, February 4, 2023 3:20 PM To: David De Vries Subject: The Farm You don't often get email from michele.wield@cox.net. Learn why this is important EXTERNAL EMAI L Even though I wasn't properly notified of this proposal, I have learned that lifetime Property Development wants to increase the size of their recreation area from 3,000 square feet to 30,000 square feet. This is much more than an incremental increase and not what voters agreed to on the November 2020 Measure P. So knowing this, you must agree that: 1. A new EIR must be done 2. A new Traffic Study must be done 3. A new measure must be put before voters. Otherwise, doesn't the City, lifetime Property Development, and Lennar leave themselves open to lawsuits, as well as a stop on further building at The Farm until this matter is resolved? I look forward to your response, Michele Wield 11 of 37 ATTACHl\fENT E March 7, 2023, Item #4 Patty Fletcher From: Sent: To: Subject: EXTERNAL !;MAIL Good morning Ms. Miller, Christopher Campbell <CCampbell@lt.life> Monday, February 6, 2023 8:01 AM Rainy M.; David De Vries RE: (EXTERNAL] The Farm tennis courts Thank you for your interest in the proposed Life Time Poway project. We're very excited about the opportunity to join the Poway community and appreciate you taking the time to make comments and ask questions. At this time, we're listening to neighbors and compiling all feedback, and will provide a response at a future date. Sincerely, Chris Christop-her Campbell Life Time Property Development Sr. Development Manager From: Rainy M. <10srocs@gmail.com> Sent: Thursday, February 2, 2023 7:04 PM To: ddevries@poway.org; Christopher Campbell <CCampbell@lt.life> Subject: [EXTERNAL] The Farm tennis courts Hello Mr. Devries and Mr. Campbell, When my husband and I attended the planning and community outreach sessions at Painted Rock Elementary School prior to the city voting on The Farm project, I was under the impression that when the fitness club was built, tennis courts would be included. I even asked this question of one of the advocates of the project. I was told there would be tennis courts. I see that pickleball courts are planned, but no mention of tennis courts. Perhaps the tennis courts are listed within the 'recreation courts' on the LifeTime amenities, and are indeed included. I was looking forward to possibly joining the facility specifically for the tennis membership, and upon hearing of tennis being included, was why I voted in favor of the project. As a neighbor of The Farm, living in Green Valley, I was excited about playing tennis in the neighborhood. The amount of gas used to play tennis elsewhere in the county is getting ridiculous. Not to mention the removal of many tennis courts being repurposed for pickleball in the county. I hope you have planned pickleball courts AND tennis courts for this area I Each sport deserves dedicated courts for their sport only, There are many people in the area who were frustrated to lose the Stoneridge tennis courts, and The Farm was going to at least brihg back some of those courts to the north side of Poway. With the tremendous growth of tennis over the last few years, the quality players who live in the area, the inability to use the Poway High courts, the lack of courts on the north side of Poway, the fact that Poway High and RB High both have junior tennis teams, and these are family homes being built, and the possible deception of voters, it would be a shame if tennis courts weren't In the plan. Please reassure me .... I hope to attend the meeting on Feb. 15. hearing from you. Thank you. Ra fny Miller 12 of 37 Meanwhile, please update me with the latest information if possible. t look forward to 1 March 7, 2023, Item #4 life Time• -Healthy Way of Life 2902 Corporate Place, Chanhassen, MN 55317 ©2022 LIFE TIME, INC. All Rights Reserved Life Time: https://www.llfetlme.llfe/ Privacy Policy: https://www.lifetime.1ife/en/policy/privacy-policy.html Unsubscribe: httpst//www.llfetime.llfe/en/membershlp/unsubscribe.html Life Time, Inc. may monitor email communications. This email may contain confidential or proprietary information. 13 of 37 2 March 7, 2023, Item #4 Patty Fletcher From: Sent: To: Subject: kbunk2003@gmail.com Monday, February 13, 2023 3:03 PM David De Vries The Farm @ Poway Lifetime project You don't often get email from kbunk2003@gmail.com. Learn why this is important EXTERNAL EMAIL Mr. Devries, I live in the Stonegate condominium complex, and last week representatives from Lifetime stopped by to discuss their plans for the health center location at The Farm. They were very cordial and informative. They said the company who will be rewarded this opportunity has not been decided. I would like to pass on my thoughts to you. The Lifetime representatives said the facility will be a 'boutique' facility, and not a more standard workout facility. It would have many exceptional amenities, but with a projected base membership price of $250.00 monthly, it's certainly not affordable for me. I hope that you can see how this will restrict the use of this club to many residents in the surrounding area, and consider a more affordable plan. Thank you for your time. Kevin Bunker 619-981-1856 14 of 37 1 March 7, 2023, Item #4 Patty Fletcher From: Sent: To: Cc: Subject: Paul latchford <latchfordpj@gmaH.com> Wednesday, February 8, 2023 9:29 AM David De Vries Paul latchford; Debbie Latchford The Farms D09 Park {You don't often get email from latchfordpj@gmall.com. Learn why this is important at https:// aka. ms/Lea rnAbo utSe nde ride ntificatio n ] EXTtRNAL EMAIL David, I see you are reviewing the Life Time application for the Farms, and I must let you know that we are pleased and excited to get this facility near out home. ,It will be great having something like this nearby. I hope you can convince them to have a discount for Stoneridge owners and seniors in the area. My wife also asked if you know where the dog park is envisioned to be in the Farms? I have not seen it on the General Plan. Perhaps you can provide me the link to the latest layout or General Plan for the Farms. Thanks for your time, Paul Latchford 17462 Tam O Shanter Dr Poway, Ca 92064 619-980-7100 15 of 37 1 March 7, 2023, Item #4 Patty Fletcher From: Sent: To: David Baltgalvis <woodyb97@yahoo.com> Friday, February 10, 2023 11 :18 AM Davrd De Vries Subject: Re: Neighborhood Meeting Notice -Proposed Lifetime Fitness Club at The Farm in Poway Attachments: The Farm in Poway • Proposed Lifetime Fitness Club 2-15-23 Open House Outreach Meeting.pdf You don't often get email from woodyb97@yahoo.com. Learn why this is important EXTERNAL EMAIL Am I right that this would make the whole development invalid? Sent from my iPhone On Feb 2, 2023, at 2:27 PM, David Baltgalvis <woodyb97@yahoo.com> wrote: I believe the plan that was approved by the voters can't be changed to include anything more or less. Sent from my iPhone 16 of 37 On Feb 2, 2023, at 10:30 AM, David De Vries <DDeVries@poway.org> wrote: Hello, you are receiving this email because you were a prior stakeholder, meeting or workshop attendee, provided comments on the project or requested notification regarding proposed development at The Farm in Poway. See attached neighborhood meeting invitation related to a proposed Life1ime Fitness Club at the Farm in Poway. Please contact myself or the project proponent Christopher Campbell with any questions. A community open house is being held at the following time and location: Thank you, February 15th 6:00-8:00pm (Attend at your leisure) Mickey Cafagna Community Center 13094 Civic Center Dr., Poway, CA 92064 Willow Room 306 David De Vries, AICP City Planner Development Services City of Poway I 13325 Civic Center Drive I Poway, CA 92064 Phone (858) 668-46041 Fax (858) 668-12 l l ddevries@poway.org 1 March 7, 2023, Item #4 PRO P ERTY L) c I/ I= L O !\J1 E f\l T Project Name: The Farm in Poway-Life Time Club Project Address: 17166 Stone ridge Country Club Ln, Poway, CA 92064 (formerly Stone ridge Country Club) APN:2739322500 30,500 sf Recreational Club w/outdoor fitness uses, restaurant, alcohol sales, small supportive retail including day spa, and lit recreational courts. City of Poway Staff Contact: David DeVries, AICP City Planner Development Services City of Poway I 13325 Civic Center Drive I Poway, CA 92064 Phone (858) 668-4604 ddevries@poway.org Life Time is eager to introduce the neighbors and residents of Poway to our proposed project at The Farm! Life Time is a leader in the health and wellness industry, operating over 1'60 athletic resorts across the country including in Laguna Niguel, San Clemente, and La Jolla. At Life Time, we focus on health and wellness in a socially engaging atmosphere for the entire family. The Farm in Poway is located at the intersection of Espola Road and Martincoit Rd. The Farm in Poway Specific Plan received voter approval in 2020 which included approval of an athletic club on a 6.85 acre site within The Farm. The Specific Plan envisioned the athletic club would be available on a membership basis and include recreation courts, swimming, and ,other fitness amenities and locker facilities. Life Time has submitted an application for a custom, luxury athletic club to blend Poway's City in the Country aesthetic with modernized amenities, services and features. This application is cl(rrently being reviewed by the City. The proposed athletic club includes: Swimming Pools including separate leisure and lap pools with lounge seating and cabanas Outdoor lounge including warm spa & cold plunge Pickleball Courts Life Spa with 3 massage treatment rooms Luxurious locker rooms with towel service and saunas Life Time Kid's Academy offering a safe, social and enriching environment for children life Cafe & Poolside Bistro, offering real, wholesome goodness Cardio, Resistance, and Strength Training equipment Dedicated Group Fitness Studios We are committed to open communication with our neighbors and understand you may have questions about the project. A community open house is being held on: 17 of 37 February 15th 6:00-8:00pm (Attend at your leisure) Mickey Cafagna Community Center 13094 Civic Center Dr., Poway, CA 92064 Willow Room 306 March 7, 2023, Item #4 We encourage you to join us to learn more about the proposed project and share your questions. You may also contact Christopher Campbell at ccampbell@lt.life with questions or comments. 1. Cardio Fitness Floor 3. Life Time Site Entrance 5. Life Cafe & Poolside Bistro 18 of 37 2. Outdoor Lounge with Warm Spa & Cold Plunge 4. Outdoor Lap Pool 6. Outdoor Fitness March 7, 2023, Item #4 Patty Fletcher From: Sent: To: Subject: Importance: Peter R. Buerki <pbuerki@twc.com> Tuesday, February 14, 2023 9:20 PM David De Vries Letter of Opposition -Life Time Recreational Center (The Farm) High You don't often get email from pbuerki@twc.com. Learn why this is important EXTERNAL EMAIL Dear Mr. De Vries, My name is Peter Buerki, and I am a homeowner at 17141 Cloudcroft Drive in Poway, in the Stoneridge area adjacent to "The Farm". Im writing in opposition to the project proposed by Life Time property development that is currently being reviewed by the City. We do not need a luxury athletic resort. At $260 membership fee per month, very few of the residents in the Stoneridge area will become members, especially since only 5 miles away, LA Fitness provides the same services (except maybe the towel service) at $40 per month. As a consequence, this facility will not be profitable, and will be sold after a few years. From there it will go downhill and face the same destiny as the former Stoneridge Country Club ... The Life Time Athletic Resort is misplaced and does not fit into the City in the Country. Please do not approve this development project and aim for a project that is not membership based and affordable to everyone in Poway. Sincerely, Peter R. Buerki, Ph .D. 17141 Cloudcroft Drive Poway, CA 92064 (760) 419 4764 19 of 37 1 March 7, 2023, Item #4 Patty Fletcher From: Sent: To: Subject: Alison Bell <alison.n.park@icloud.com> Wednesday, February 15, 2023 8:34 PM David De Vries Questions from the Lifetime meeting [You don't often get email from alison.n.park@icloud.com. Learn why this is important at https://aka.ms/LearnAboutSenderldentification J EXTERNAL EMAIL Dear Mr.De Vries, 1-1 really would like to see Lifetime Fitness in San Diego County offer a military&veteran discounted package. I expressed that tonight and am going to be speaking further with Christopher Campbell on this. I think Poway should set that standard for the county. I would like the council and the city to back that idea. Do I just email them each individually before the March 7th meeting? 2-Has the landscaping plans Lennar has submitted for the homes on Abbey road been approved? Specifically the plans that were submitted for trees and hedge types to be planted behind the homes on Tam O Shanter? 3-1 think I heard you say the community association would include the fitness center? I was told previous that Lennar and their CA/HOA had no connection with any of the commercial 20nes and that they were separate. In that light ... do The Farm HOA dues include Lifet ime fitness memberships or no? I thought no but now I'm curious. 4-1 have heard from many that your department could be short staffed. With all the development ... t had an idea on how to improve that without costing the city much money. I am going to suggest my idea to the council ... but when you have the chance I would like to run my idea by you to see if you think it would be something worth explorfng. Thank you for your time, Alison Park 20 of 37 March 7, 2023, Item #4 Patty Fletcher From: Sent To: Subject: Attachments: David De Vries Wednesday, February 15, 2023 4:14 PM ret1 stgrade@outlook.com Neighborhood Meeting Notice -Proposed Lifetime Fitness Club at The farm 1n Poway The Farm in Poway -Proposed Lifetime Fitness Club 2-15-23 Open House Outreach Meeting.pdf Hello, thank you for your interest in the proposed Life Time Poway project. I received your voke message. Your comments opposing the project because of increased building area and less open space have been noted. At this titne, we're conducting the neighborhood meeting today and compiling all feedback. I will add your comments to the feedback received. Thank you, David De Vries, AICP City Planner Development Services City of Poway I 13325 Clvlc Center Drive I Poway, CA 92064 Phone (858) 668-4604 I Fax (858) 668-1211 ddevries@poway.org 21 of 37 On Feb 2, 2023, at 10:30 AM, David De Vries <DDeVries@poway.org> wrote: Hello, you are receiving this email because you were a prior stakeholder, meeting or workshop attendee, provided comments on the project or requested notification regarding proposed development at The Farm in Poway. See attached neighborhood meeting invitation related to a proposed Lifetime Fitness Club at the Farm in Poway. Please contact myself or the project proponent Christopher Campbell with any questions. A community open house is being held at the following time and location: Thank you, February 15th 6:00-8:00pm (Attend at your leisure) Mickey Cafagna Community Center 13094 Civic Center Dr., Poway, CA 92064 Willow Room 306 David De Vries , AICP City Planner Development Services City of Poway I 13325 Civic Center Drive I Poway, CA 92064 Phone (858) 668-46041 F-ox (858) 668-1211 ddevries@poway.org 1 March 7, 2023, Item #4 D E: \/ .:. LO ; 'IV! :. ,11 I Project Name: The Farm in Poway-Life Time Club Project Address: 17166 Stoneridge Country Club Ln, Poway, CA 92064 {formerly Stoneridge Country Club) APN: 2739322500 30,500 sf Recreational Club w/outdoor fitness uses, restaurant, alcohol sales, small supportive retail including day spa, and lit recreational courts. City of Poway Staff Contact: David DeVries, AICP City Planner Development Services City of Poway I 13325 Civic Center Drive I Poway, CA 92064 Phone (858) 668-4604 ddevries@poway.org Life Time is eager to introduce the neighbors and residents of Poway to our proposed project at The Farm! Life Time is a leader in the health and wellness industry, operating over 160 athletic resorts across the country including fn Laguna Niguel, San Clemente, and La Jolla. At Life Time, we focus on health and wellness in a socially engaging atmosphere for the entire family. The Farm in Poway is located at the intersection of Espola Road and Martincolt Rd. The Farm in Poway Specific Plan received voter approval in 2020 which included approval of an athletic club on a 6.85 acre site within The Farm. The Specific Plan envisioned the athletic club would be available on a membership basis and include recreation courts, swimming, and otherfitness amenities and locker facilities-. Life Time has submitted an application for a custom, luxury athletic club to blend Poway's City in the Country aesthetic with modernized amenities, services and features. This application is currently being revi'ewed by the City. The proposed athletic club includes: Swimming Pools including separate leisure and lap pools with lounge seating and cabanas Outdoor lounge including warm spa & cold plunge Pickleball Courts Life Spa with 3 massage treatment rooms Luxurious locker rooms with towel service and saunas Life Time Kid's Academy offering a safe, social and enriching environment for children Life Cafe & Poolside Bistro, offering real, wholesome goodness Cardio, Resistance, and Strength Training equipment Dedicated Group Fitness Studios We are committed to open communication with our neighbors and understand you may have questions about the project. A community open house is being held on: 22 of37 February 15th 6:00-8:00pm (Attend at your leisure) Mickey Cafagna Community Center 13094 Civic Center Dr., Poway, CA 92064 Willow Room 306 March 7, 2023, Item #4 We encourage you to join us to learn more about the proposed project and share your questions. You may also contact Christopher Campbell at ccampbell@lt.life with questions or comments. 1. Cardio Fitness Floor 3. life Time Site Entrance 5. life Cafe & Poolside Bistro 23 of 37 .., ,.. -==-===---L;,... ~ . 1. ;.::;...:===1 • • fl,r;~~if, . . . _.· -~~~ . ~~,. ·~-' - -------. V 2. Outdoor Lounge with Warm Spa & Cold Plunge 4. Outdoor Lap Pool 6. Outdoor Fitness March 7, 2023, Item #4 COMMUNITY MEETING • Life Time Poway-Community Meeting Comment Sheet Wednesday, February 15, 2023 6:00pm -8:00pm Mickey Cafagna Community Center 13094 Civic Center Drive Poway, CA 92064 Willow Room 306 WRITTEN COMMENT FORM ·-=r; H RVz;-Gr:: E fv :r CJ p cO:=c.E I\J s ('.':)~ 1-t 'EA LT1+ L Ir-£ Ti 01 -G--I ..5. T f-/ £: C... L 6. f-:r.t-J ES. T /-I AJ D E:.. ~\JI P fv16J..D 7 J Fl¥'€: p .::s 1C\ F O /Y) £._/>'Jg 612 -0 E L-LEE= TI (11 G 12 c:; CJ-f ~ G. s TE=. fL 7'11 c rl YEN 11.J J s d 5 v,.J 1 M rt u.6 ~ 1,-p cs I 9 !:) o ~ $ o 11.1 Tl L :z__ c::? Z o C o \I' I D .. MAIL or E-MAIL FORMS TO: David De Vries, City Planner City of Poway, Development Services 13325 Civic Center Drive, Poway, CA 92064 E-Mail: ddevries@poway.org COMMENTS MUST BE RECEIVED BY: 5:00 PM, February 22, 2023 24 of 37 CONTACT INFORMATION: Print Name s 2-14 13 eb E-,cEE. 1,1-11,,L 'PL.Ac Address ·rrz_.o/ 7 City State Zip Code 248'-:3'30 -597./, Phone Number March 7, 2023, Item #4 Patty Fletcher From: Sent To: Deborah Chiang < Retl stgrade@outlook.com> Wednesday, February 15, 2023 8:23 PM David De Vries Subject: Re: Neighborhood Meeting Notice -Proposed Lifetime Fitness Club at The Farm in Poway EXTERNAL EMAI L Thank you. I am also opposed as the Spa/Gym is very high end and too expensive for almost all Poway residents, this facility will not be accessible for our citizens, including myself! Thank you again, Debbie Chiang Sent by D Chiang On Feb 15, 2023, at 4:14 PM, David De Vries <DDeVries@poway.org> wrote: Hello, thank you for your interest in the proposed Life Time Poway project. I received your voice message. Your comments opposing the project because-of increased building area and less open space have been noted. At this time, we're conducting the netghborhood meeting today and compiling all feedback. I will add your comments to the feedback received. Thank you, David De Vries, AICP City Planner Development Services City of Poway I 13325 Civic Center Drive j Poway, CA 92064 Phone (858) 668-4604 I Fax (858) 668-1 211 ddevries@poway.org 25 of 37 On Feb 2, 2023, at 10:30 AM, David De Vries <DDeVries@poway.org> wrote: Hello, you are receiving this email because you were a prior stakeholder, meeting or workshop attendee, provided comments 011 the project or requested notification regarding proposed development at The ·Farm in Poway. See attached neighborhood meeting invitation related to a proposed Lifetime Fitness Club at the Fa rm in Poway. Please contact myself or the project proponent Christopher Campbell with any questions. A community open house is being held at the following time and location: 1 March 7, 2023, Item #4 February 151~ 6:00-8:00pm (Attend at your leisure) Mickey Cafagna Community Center 13094 Civic Center Dr., Poway, CA 92064 Willow Room 306 Thank you, David De Vries, AICP City Planner Development Services City of Poway I 13325 Civic Center Drive I Poway, CA 92064 Phone (858) 668-46041 Fax (858) 668-1211 ddevries@poway.org <The Farm in Poway-Proposed Lifetime Fitness Club 2-15-23 Open House Outreach Meeting.pdf> 26 of 37 March 7, 2023, Item #4 Patty Fletcher From: Sent To: Subject: EXTERNAL EMAIL Good afternoon Rainy, Christopher Campbell <CCampbell@lt.fife> Friday, February 17, 2023 2:44 PM Rainy M.; David De Vries RE ; [EXTERNAL} The Farm tennis courts Thank you for your interest ih the proposed Life Time Poway. We had a good turnout at the Neighborhood Meeting and heard lots of great feedback and support from the community. I'm unsure if you were able to attend, and if you were, I'm sorry we weren't able to connect in person. After compiling the feedback we've received thus far, I wanted to take the opportunity to address your specific question regarding tennis. When the specific plan was approved, the plan read that The Club may include recreation courts, and as the largest operator of tennis & pickleball programming in the country, Life Time is excited to offer 6 pickle ball courts in the proposed project. throughout our 30+ years of operation, Life Time has continually evolved our program offerings to follow the current trends and meet the needs of our members, and we'll continue to do so with the proposed Life Time Poway. Thank you again for your question, and if there are others I can answer, please let me know. Thanks, Chris Christopher Campbell Life Time Property Development Sr. Development Manager From: Rainy M. <l0srocs@gmail.com> Sent: Thursday, February 2, 2023 7:04 PM To: ddevrles@poway.orgi Christopher Campbell <CCampbell@lt.life> Subject: [EXTERNAL] The Farm tennis courts Hello Mr. Devries and M~. Campbell, When my husband and I attended the planning and community outreach sessions at Painted Rock Elementary School prior to the city voting on The Farm project, I was under the impression that when the fitness club was built, tennis courts would be Included. I even asked this question of one of the advocates of the project. I was told there would be tennis courts. I see that pickleball courts are planned, but no mention of tennis courts. Perhaps the tennis courts are listed within the 'recreation courts' on the LifeTime amenities, and are indeed included. I was looking forward to possibly joinlng the facility specifically for the tennis membership, and upon hearing of tennis being included, was why I voted In favor of the project. As a neighbor of The Farm, llving In Green Valley, I was excited about playing tennis in the neighborhood. The amount of gas used to play tennis elsewhere in the county is getting ridiculous. Not to mention the removal of many tennis courts being repurposed for pickleball in the county. I hope you have planned pickleball courts AND tennis courts for this area! Each sport deserves dedicated courts for their sport only. 27 of37 1 March 7, 2023, Item #4 There are many people in the area who were frustrated to lose the Stoneridge tennis courts, and The Farm was going to at least bring back some of those courts to the north side of Poway. With the tremendous growth of tennis over the last few years, the quality players who live in the area, the inability to use the Poway High courts, the lack of courts on the north side of Poway, the fact that Poway High and RB High both have junior tennis teams, and these are family homes being built, and the possible deception of voters, it would be a shame 1f tennis courts weren't in the plan. Please reassure me .... I hope to attend the meeting on Feb. 15. Meanwhile, please update me with the latest information 'if possible. I look forward to nearing from you. Thank you. Rainy Miller Life Time~ -Healthy Way of lite 2902 Corporate Pla.ce, Chanhassen, MN 55317 ©2022 LIFE TIME, INC. All Rights Reserved Life Time: https://www.llfetime.life/ Privacy Policy: https;//www.lifetime.life/en/policy/privacy-policy.html U nsu bscri be: https ://www. llfeti me ,life/en/me m be rship/u nsu bscribe .h tm I Life Time, Inc. may monitor email communications. This email may contain confidential or proprietary Information. 28 of37 2 March 7, 2023, Item #4 Patty Fletcher From: Sent: To: Cc: Subject: EXTERNAL EMAIL Hi: Oconnor home <oconnor11@cox.net> Saturday, February 18, 2023 4:33 PM David De Vries Christopher Campbell Re: Neighborhood Meeting Notice -Proposed Lifetime Fitness Club at The Farm in Poway We made it to the Neighborhood Meeting, was hoping to ask a few questions but you were always surrounded. Here are a couple : -there were depicted 6 pickle ball courts -seems to be shy of the needed number. Maybe by half or more. -parking -what's the parking required? No chance for two levels of parking (one underground or one up a level). -in San Clemente they wanted to build a two story parking structure -didn't get passed. Now at times members of the club park in the neighborhood. Is there street parking available if the parking is overfilled? -looks like a great addition -although the ingress off Martincoit -seems like a lot of traffic for those new homes on that street. Tim and Karen Oconnor Sent from my !Phone On Feb 2, 2023, at 10:30 AM, David De Vries <DDeVries@poway.org> wrote: Hello, you are receiving this email because you were a prior stakeholder, meeting or workshop attendee, provided comments on the project or requested notification regarding proposed development at The Farm in Poway. See attached neighborhood meeting invitation related to a proposed Ufetime Fitness Club at the Farm in Poway. Please contact myself or the project proponent Christopher Campbell with any questions. A community open house is being held at the following time and location: Thank you, David De Vries, AICP City Planner Development Services February 15th 6:00-8:00pm (Attend at your leisure) Mickey Cafagna Community Center 13094 Civic Center Dr., Poway, CA 92064 Willow Room 306 City of Poway I 13325 Civic Center Drive I Poway, CA 92064 29 of 37 1 March 7, 2023, Item #4 Phone ( 858) 668-4604 I Fax / 858) 668-121 l ddevries@powav.org <The Farm in Poway -Proposed Lifetime Fitness Club 2-15-23 Open House Outreach Meeting.pdf> 30 of37 March 7, 2023, Item #4 Patty Fletcher From: Sent: To: Cc: Subject: Attachments: WELCOM CENTER,* MIDDLEBROOK <rmiddlebrook@comcast.net> Wednesday, February 22, 2023 11 :1 4 AM ccampbell@lt.'life David De Vries; Sara Trunzo Randy Middlebrook and Stoneridge Neighbors Feedback Letter to Lifetime Fitness Chris Campbel l.pdf You don't often get email from rmiddlebrook@comcast.net Learn why1his is important EXTERNAL EMAIL Chris, Attached is the letter I am sending you on behalf of my Stoneridge neighbors in regards to our collective feedback on the proposed Lifetime Fitness Development (and specifically towards the parking lot that will be right behind our backyards). Please acknowledge receipt of the letter so I know that my email got through to you. I/we look forward to hearing back from you as we pursue what we hope to be a collaborative process. Thank you, Randy Middlebrook (Collectively representing my Stoneridge Neighbors) 31 of 37 1 March 7, 2023, Item #4 February 22, 2023 Chris Campbell Development Manager, Lifetime Fitness Dear Chris, Thank you for meeting with me on 2/10/23 and seeking feedback from a "highly impacted neighbor" who lives across from the proposed Lifetime Fitness development (parking lot} at the Farm in Poway. subsequently had extensive conversations with my Stoneridge neighbors who also l!ve adJacent to your proposed new 248 space parking lot. Their opinions are spirited and they are fully invested in our continuing dialogue. My neighbors have asked me to speak on their collective behalf. For decades we have enjoyed an idyllic lifestyle directly beside the picturesque rolling fairways and greens of Stoneridge Country Club (with no privacy fences). The following summarizes our collective feedback: HOMEOWNER CONCERNS /QUESTIONS 1. We're suddenly at risk of losing our privacy, quiet enjoyment, attractive views, and quality of life because of a huge proposed {248 space) parking lot only feet away from our backyards. Previously we were told that all parking for the development was to be placed in the interior of the project. 2. We are deeply concerned about seeing and hearing vehides every time we step into our backyards (7 days a week, 365 days a year, all day and all night). How many net average daily trips will the new Club produce? What time will the parking lot close? How will-the noise be mitigated? 3. We're worried about losing our "dark sky" night time ambiance. We suspect that our homes and yards will stare directly at light stanchions and lights, and the night sky behind us will be permanently lit with the glow of parking lot lights. What is the lighting plan'? How tall will light stanchions be? Will the lights ever go off? 4. Our homes are very Close to tl'le large outdoor fitness atea where your Club wlll conduct dally (and nightly?) group fitness activities {and/or other outdoor events?). Aerobics and other group classes and/or loud music are fine for the Club but not when it disrupts the quiet enjoyment of longtime homeowners next door. How will the sound be mitigated? What time will the outdoor fitness areas close? 5. Pickle ball (5 courts on the plan) create constant booming thuds that carry far and wide, especially at night. From our front yards we can hear the loud thumps of pickle ball at night from just one court in the Vineland Hills heighborhood, and that court is nearly a block away, surrounded by walls, mature landscaping, and homes. How will your pickle ball courts be fortified to mitigate the noise? What time will the courts close? What time will the pools close? 6. We feel that your plan to stay open until midnight is not compatible with our residential neighborhood, as well as with The Farm in Poway Specific Plan. If your club were in a non- residential area, late night hours m ight be acceptable. However, your club will generate a high volume of customer and automobile traffic right In the m idst of our homes. 32 of 37 March 7, 2023, Item #4 HOMEOWNER REQUESTS 1. We request a 6ft wall be erected around the entire west and south facing perimeters of the parking lot (facing our backyards as well as those of new "Farm" residences) substantially thick enough to eliminate the sights and sounds of automobiles coming and going every day of the week, 365 days of the year. 2. We request that you eliminate one west facing and one south facing row of parking spaces at the perimeters of the parking lot (across from our yards) and set back the wall 10 feet on each side. The City of Poway required parking for the development is 170 spaces. The Club would retain 207 total spaces, a net gain of 37 spaces, and ample enough for a non•residential use parking lot situated next to a longstanding residential neighborhood. This adjustment has a net :zero revenue impact and saves money on asphalt construction and maintenance cost. We would like to see attractive landscaping planted in the set-back area. 3. We request that the lighting plan for the parking lot consist entirely or predominately of bollard lighting at the 4ft level. We want to continue to see 11dark sky" at night from our homes and yards. We do not want to look at light poles or a sea of light shining all night long, every night of the year. 4. As a residential community our position is consistent with the Farm in Poway Specific Plan mandating that non-residential businesses close by 10pm. Remember, you will be our next door neighbor (albeit a neighbor who is open for business 36S days a year). 33 of 37 As longt;me Poway homeowners of Stone ridge we share a common goal with lifetime Fitness to ultimately support your development proposal. We feel that we are presenting you with accommodations that are reasonable, that don't negatively impact your revenue, and are cost effective for a $40,0001000 project. We know that once the Lifetime Fitness development gets built our neighborhood will be changed forever. We want our relationship with Lifetime Fitness to be collaborative so that we can all feel good about the eventual outcome. I/we look forward to hearing back from you. Sincerely, j '~ /1,;//i,J,,ef-{ Randy Middlebrook (Collectively representing my Stoneridge neighbors) March 7, 2023, Item #4 Patty Fletcher from: Sent: To: Subject: Annette Monk <annette@monic-consultancy.co.uk> Friday, February 24, 2023 9:10 AM City Clerk Pre-development Conference (PDC) 23'-0001 Meeting Notice -P-roposed Lifetime Fitness Club at The Farm in Poway [You dontt often get email from annette@monic-consultancy.co.uk. Learn why this is important at https://aka.ms/Leal'nAboutSenderldentification] EXTERNAL EMAIL Dear Sirs I would like to comment on the proposed L•ifetime Fitness Club proposal. Unfortunately I cannot attend so please take this email as thoughts on this project. I am against this proposal. Having seen their proposal and having talked with the staff I would like to point out that this is far too expensive for most families in the area. I thought the idea was to make this a community facility. At approximately $270 a month for the first member and approx $100 a month for the second and so on, this -is far out of reach of many families in the area. We need something for the community and this will be for the wealthy/elite only. Please say NO to this proposal. Kind regards Annette Monk Sent from my iPhone 34 of 37 March 7, 2023, Item #4 Patty Fletcher From: Carl Rossi <carl.rossi@sbcglobal.net> Monday, February 27, 2023 12:25 PM Sara Trunzo Sent: To: Cc: Kevin Mcnamara; Randy Middlebrook; pennybetteker@gmail.com; Ernie Hoffman; David De Vries Subject: The Farm: Walls for sound at 'The Club' EXTERNAL EMAIL Hello, It has come to my attention that the homeowners are being asked to sit down with developers on final points regarding privacy and sound surrounding 'The Club'. This is wonderful in one sense and has brought up discussions that should be helpful to all moving forward. However, on certain points, it is not really needed. The City needs to enforce the Specific Plan that the voters (including the directly affected homeowners surrounding The Club) approved. There should not be any question as to what is required of the developer ofThe -club if it is in the Specific Plan, and, it is the responsibility of City officials to enforce the Specific Plan. I helped PUSD add 21 new schools during my tenure and I know what the words 'will' means and 'masonry sound wall'. he Clu The Club is located In the heart of the community to provide recreational, fitness and social amenities for residents of The Farm in Poway. The Club will be professionally operated by a recreltional management firm and will also be :wailable to residents of surrounding cornmunitics on a membership basis. The Club may include. recreation courts, swimming. and other fitness amenities as well as comrnunity morns and locker facilities. The contemporary agr.'ltian styling of the buildings and infonnal and rustic lilndsc.tpe will be restive and Inviting. Remnants of stacked stone walls will provide a thematic connection r.o the Event ;ind Education Center. Parkifl facilities and the rna·oric of che recreation courts will be screened from adjacent res.idences by a masonry sound wall hat is further screened with trees, shrL,bs and vines. The community trail will be directly accessed frotn The Club. Please respond to this waif issue as soon as possible. Respectf u I ly, Carl Rossi 35 of 37 l March 7, 2023, Item #4 17232 Saint Andrews Drive Poway, CA. 92064 36 of 37 2 March 7, 2023, Item #4 AGREEMENT OF UNDERSTANDING City Council for the City of Poway, hereinafter referred to as "City" and The Farm jn PowaY, LLC, hereinafter referred to as "Proponent" enter into this Agreement of Understanding based upon the following facts: Proponent owns or has an equitable interest in land described by tax Assessor's Parcel Number(s): 2739322500. Proponent desires to develop this property In accordance wlth the will of the City and without the expense of a protracted development. City is concerned that Proponent will create development plans unsatisfactory to City and consume time and effort of City employees needlessly on unsatisfactory development plans unless City assists in directing Proponent. Based upon the above-mentioned facts, City will grant Proponent a hearing prior to filing any application for development upon the following understanding: a. City will render no decision with regards to any development proposal or part thereof. b. City will receive no evidence, specific in nature, in support of a particular development plan. C. City will make no representations that will obligate the City to render a decision in favor of or against any development proposal or part thereof Proponent may subsequently submit. d. If any development proposal is sut.isequently submitted, Proponent will proceed at its sole and exclusive risk with the understanding that City has made no representations upon which Proponent may rely, Signed by Proponent Acknowledged: Dated: 2 / 21/23 Signed by Applicant (Life Time lhc.): 37 of 37 ATTACHMENT F March 7, 2023, Item #5 M EMQRAN DLJ M City of Poway DATE: March 7, 2023 TO: FROM: Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk~ (858) 668-4535 or cgallagher@poway.org SUBJECT: Appointments to the Budget Review Committee and Parks and Recreation Advisory Committee The City Clerk's Office accepted applications from January 9, 2023 through February 9, 2023. Seven (7) applications were received from residents wishing to serve on the Budget Review Committee (BRC) and nine (9) applications were received from residents wishing to serve on the Parks and Recreation Advisory Committee (PRAC). Staff received the following nominations from Council: Budget Review Committee - 4 Vacancies Mayor or City Councilmember MayorVaus Councilmember De Hoff Councilmember Frank Councilmember Pepin Nominee Jared Wilson Rob Polston Andrew Cruz Chris Pikus Length of Term One Year Ending December 31, 2023 Two Years Ending December 31, 2024 Two Years Ending December 31, 2024 Two Years Ending December 31, 2024 Parks & Recreation Advisory Committee - 5 Vacancies Mayor or City Councilmember Mayor Vaus Deputy Mayor Leonard Councilmember De Hoff Councilmember Frank Councilmember Pepin Nominee Phil Rath Steven Polito Crystal Anderson Julia Fontana Sabrina Butler Length of Term Two Years Ending December 31, 2024 Two Years Ending December 31, 2024 Two Years Ending December 31, 2024 Two Years Ending December 31, 2024 Two Years Ending December 31, 2024 It is recommended the City Council concur to appoint: four (4) members to the BRC, as nominated above, to include one (1) one-year term expiring December 31, 2023, and three (3) two-year terms expiring December 31, 2024; additionally, staff recommends to appoint five (5) members to the PRAC, as nominated above, for two-year terms expiring December 31, 2024. 1 of 1