04-04-2023 Agenda PacketAGENDA Poway City Council
Council Chamber I 73325 Civic Center Drive I Poway, CA I 92064
April 4, 2023 I 7 p.m.
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Center Drive, Poway, CA 92064, the Council Chamber will be open to the public.
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Steve Vaus
Mayor
Barry Leonard
Deputy Mayor
Brian Pepin
Council member
Caylin Frank
Councilmember
Peter De Hoff
Council member
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Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are
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The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority,
Public Financing Authority and Successor Agency to the Poway Redevelopment Agency
CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION: None
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be
brought forward by the general public for comment; however, the City Council will not be able to
discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.
Speakers have one opportunity to address the Council under Public Comment.
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a
Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager
requests that an item be removed for discussion.
2 of 4 Regular City Council Meeting April 4, 2023
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the February 21, 2023 Regular City Council Meeting Minutes
3. Acceptance of the Reservoir Overflow Modifications project; Bid No. 22-008, with U.S. Tank and
Mechanical Services, Inc., as Complete
4. Award of Agreement to Sage View, Inc. for the Grove Management and Maintenance Services; RFP
No. 23-014
5. Extension of the 2021-2022 Street Overlay Project Contract for the 2022-2023 Street Overlay
Project with Hazard Construction ENGR, LLC, Bid No. 22-011 and Determination the Project is
Categorically Exempt from the California Environmental Quality Act (CEQA)
6. Acceptance of the FY 2021-22 Accessibility Improvements -Community Park Pathways project;
Bid No. 23-003, with SDC Engineering Inc., as Complete
ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS:
7. Conditional Use Permit 22-0005, a Request to modify a Conditional Use Permit for Granite
Construction's aggregate operation located at 10975 Beeler Canyon Road and making the
determination that the project is within the scope of the previously certified Environmental
Impact Report (SCH# 89010025) for the project
City Manager's Recommendation: It is recommended the City Council take public input, close
the public hearing and adopt the Resolution approving CUP22-0005 for the modification of CUP
19-009 and its Reclamation Plan and making the determination that the project is within the scope
of the previously certified Environmental Impact Report (SCH# 89010025).
STAFF REPORTS:
8. Development Review 22-0004; a request for approval of the siting and design of 10 single-family
dwelling units, a gate on a private street at the terminus of Larchmont Street and making the
determination that the project is within the scope of the Mitigated Negative Declaration, which
was approved in conjunction with the approval Tentative Tract Map 16-001 on March 20, 2018
City Manager's Recommendation: It is recommended the City Council take public input and
adopt the Resolution approving DR22-0004 for the siting and design of 10 single-family dwelling
units, a gate on a private street and making the determination the project is within the scope of
the Mitigated Negative Declaration, which was approved in conjunction with the approval of
Tentative Tract Map 16-001 on March 20, 2018.
9. Authorization to Purchase One (1) Cargo Box Truck with Associated CCTV Equipment Utilizing
Sourcewell Cooperative Purchasing Program Contract #091521-NAF and Appropriation of Funds
City Manager's Recommendation: It is recommended the City Council adopt a resolution
authorizing the purchase of a cargo box truck with associated CCTV equipment for a total net cost
3 of 4 Regular City Council Meeting April 4, 2023
of $410,639.98, the appropriation of $20,639.98 from the Sewer Fund Unassigned Fund Balance
and authorizing the City Manager to execute all necessary documents.
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
10. Public Employee Performance Evaluation
Gov. Code § 54957(8)(1)
Title: City Attorney
11 . Public Employee Performance Evaluation
Gov. Code § 54957(8)(1)
Title: City Manager
CLOSED SESSION: None
AD(OURNMENT
State of California
County of San Diego
)
) ss.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of
a Regular Meeting as called by the City Council of the City of Poway was posted and provided on March 28, 2023.
Said meeting to be held at 7:00 p.m., April 4, 2023, in the Poway City Council Chambers, 13325 Civic Center Drive,
Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall.
,ddd~~fjit_
Carrie Gallagher, CMC, Cityc/e;
4 of 4 Regular City Council Meeting April 4, 2023
April 4, 2023, Item #2AGENDA RE PQ RT City of Poway DATE: TO: FROM: April 4, 2023 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk cJ/'--1-" (858) 668-4535 or cgallagher@poway.org CITY COUNCIL SUBJECT: Approval of the February 21, 2023 Regular City Council Meeting Minutes Summary The City Council Meeting Minutes submitted hereto for approval are: • February 21, 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 21, 2023 Regular City Council Meeting Minutes. Public Notification: None. Attachments: A. February 21, 2023 Regular City Council Meeting Minutes Reviewed/Approved By: Wendy~ serman Assistant City Manager 1 of 6 Reviewed By: Alan Fenstermacher City Attorney Chris City Manager
April 4, 2023, Item #2NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES February 21, 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 (via Zoom); 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 led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATIONS None. 2 of 6
April 4, 2023, Item #2City of Poway -Minutes -February 21, 2023 PUBLIC COMMENT John Barton spoke regarding traffic safety concerns on Midland Road and suggested speed bumps as an option to slow the speed of traffic. CONSENT CALENDAR Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to approve Consent Calendar Items 1 through 6. 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. Resolution Finding and Declaring an Emergency Within the City of Poway No Longer Exists Due to the Novel Coronavirus (COVID-19) Global Pandemic Joe St. Lucas spoke in support of Item #2, suggesting the City either put an end to !axed restrictions on dining establishments or consider making them permanent by way of amending the Poway Municipal Code. Mayor Vaus spoke regarding the importance of continuing to support local businesses who have benefited from creative Citywide programs implemented during the Covid-19 Pandemic. City Manager Hazeltine clarified the ending of the Emergency Declaration will not end outdoor dining, nor is the City placing timeline restrictions on restaurants to return loaner picnic tables. Mr. Hazeltine added staff intends to return to Council in the future to discuss options for making outdoor dining permanent. In response to questioning by Mayor Vaus, City Attorney Alan Fenstermacher confirmed that the programs being discussed were not authorized by the emergency and are therefore considered separate from it and will remain unaffected by its ending. 3. City's Investment Report as of December 31, 2022 4. Resolution to Award Bid to Vulcan Materials Company for Portions of the Bid, Terminate Portions of the Bid, and Authorize Open Market Purchase or Competitive Negotiations for Asphalt, Aggregates and Related Materials; Bid No. 23-006 5. Award of Contract to Danny Letner, Inc. OBA Letner Roofing Company for the Poway Swim Center Locker Room Roof Replacement Project; RFP No. 23-011 6. Award of Contract to GQ Builders, Inc., for the Fire Station 1 Stairway Replacement Project, Bid No. 23-007 and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) 3 of 6
April 4, 2023, Item #2City of Poway -Minutes -February 21, 2023 ORDINANCES FOR INTRODUCTION None. PUBLIC HEARINGS: 7. Conditional Use Permit (CUP) 20-004 and Development Review (DR) 20-005; a request to construct and operate a three-story 36-room hotel on a 1.23-acre vacant lot located on 14082 Stowe Drive; APN: 323-481-19-00 and determination that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 Mayor Vaus opened the Public Hearing at 7: 11 p.m. Associate Planner JohnWilly Aglupos presented the item along with a PowerPoint presentation. He provided the property location and designated land use, he noted surrounding businesses, and provided a brief overview of a prior unsuccessful development proposal. Mr. Aglupos stated the new proposed development is a three-story boutique hotel with 36 rooms with a contemporary architectural style. He described the proposed amenities and noted the existing parking meets development standards. Applicant Anil Patel with Serendipity Hospitality introduced Principal Architect, Eric Naslund from Studio E Architects. Mr. Naslund's presentation included details reiterating the plan's adherence to the South Poway Specific Plan. He emphasized the benefits of developing the under-utilized vacant site and how the development would generate Transient Occupancy Tax (TOT) and property tax for the City. He then provided further site details and aerial views of the property, including a rendering of the contemporary structure, landscaping plans, floor plans and elevation drawings. Public Comment: None. End of Public Comment. Mayor Vaus closed the Public Hearing at 7:21 p.m. Council discussion ensued. It was noted the applicant has adhered to the South Poway Specific Plan and took advantage of the Predevelopment Conference process to better understand the needs of the community. Benefits of future additional Transient Occupancy Tax (TOT) was noted, and support for the applicant by the business community was acknowledged. Motioned by Deputy Mayor Leonard, seconded by Councilmember De Hoff to adopt Resolution No. 23-009 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 20-004 and Development Review 20-005 for the Construction and Operation of a Three-Story and 35-Foot-Tall Hotel with 36 Hotel Rooms Located at 14082 Stowe Drive Within the South Poway Commercial Land Use Designation of the South Poway Specific Plan Area; Assessor Parcel Number:323-481-19-00", and determine that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332. Motion carried unanimously. 4 of 6
April 4, 2023, Item #2City of Poway -Minutes -February 21, 2023 STAFF REPORTS: 8. Lake Poway Upper Playground Design Presentation and Appropriation of Additional Funds for Construction and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) Director of Community Services Audrey Denham and Special Projects Engineer Jeff Beers presented the item along with a PowerPoint presentation. Ms. Denham gave a brief history and background on the upper playground including original construction and modifications over the years. Ms. Denham discussed the need for replacem~_rjtc,9ue to deterioration and difficulties surrounding continued repairs. She added the goal);~j[i;f6dernization and to create a nature themed all abilities playground with effective shacleSstructures that incorporates . $~~;'.:~~:$;;-:,,;_-, features from Lake Poway. A',.\t/~t~} A':fif:l/~· . ,;:;._:t.{::-.. ·<::VJft:•· ·?/:fdt .. Mr. Beers provided a site overview with existing cqnJ:lit_io'hs, including\yisual representations of the current upper and lower play areas, and noJ~cfJhe project aims fo/s'.eamlessly blend the different play areas together. Mr. Beers stateg/a.)fa'il shade structure wilh;{g,!:>e incorporated into the existing tree coverage to provide ,sighifi'cant shadE;!. coverage thfo'):Jgtwut the day. Renderings showing playground structure designs were p.re'.s'.ented and Mr. Be~·rs noted the similar durable, easy to maintain interlocking sdrf~sing:c"f{~~Tgns have been uti1rzed on other Poway parks. He shared the projeGt timeline and'·tjis,c'd's's'e'd project funding which includes Park Improvement Funds and a $208,7,07 Californi~S'.b.epartment of Parks and Recreation grant. 'Ft::<,.·-"\);; .... \i;;.' '>-,'.;:?{:'i?,-= ·'-;::-.·~:> -: ? ... :~> Public Comment: ;-::•v:-·,. :,\~'~ None. /'-·j:: ·--o:-.· ..... • •'•\.•,y:•:-" ,J•,"•<,,• .•·<•-•'•.•:•:'. Council discussior,"s&,n~µed_,.gffi{f~:§_pqh.§e-,tQ que~tions, Special Projects Engineer Jeff Beers .•,c,:.•'l' ••,¢::•,
··:-,:.;,,•.:-~:-:❖·-'·"•»:,·-,:•"'·'.·,_,:,:~:-·-· •·◊.•-. ·•:•·" explained:theJock walli=willtemain in"place\,vith· added safety features, accessibility between the Y.li~lf~Wa;J'§,w.~r pl~yt~i~a will be a ~taifcase and a separate same-level entrance and nQt~j;ljH,"e toddle'r!af$.?. will 'rfriir,iarily be covered by the existing shade trees. ,1ir1tir· · ,,.?F>). '\,t½~\, ... CityfM9nager Hazeltih~fa:Jarifiea -;Jti.e Park Improvement Fund will not be exhausted by the •,·,::,:,,.,·,·o'.•. o;.'./,'<'' -:.-v;Y, projectitand there are funds availaole for future park improvements. · • ..,-.x:,:.·~ ·. . :-:-·,e. •◊:•: ❖:v:• :,._.;.·<,;-: ---~r:r=\::.:.. tt:5 Motioned·t&y,. Councilmimber Frank, seconded by Councilmember Pepin to 1) appropriatEf~~gJtio,11~},'lffnds in the amount of $1,191,293 from the Park Improvement Fund (4110-30~,(t4.lt~f for the construction of the Lake Poway Upper Playground Renovation Pro)e~tr(CIP #PK020), and unappropriate the original $342,505 from the Lake Poway Upper Playground Renovation Project (PK020) back to the General Fund Unassigned Fund Balance (F1000); and 2) make a determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA). Motion carried unanimously. WORKSHOPS None. 5 of 6
April 4, 2023, Item #2City of Poway -Minutes -February 21, 2023 COUNCIL-INITIATED ITEMS: None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) None. CITY MANAGER ITEMS None. CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None. ADJOURNMENT The meeting was adjourned at 7:53 p.m. 6 of 6 Carrie Gallagher, CMC City Clerk City of Poway, California
April 4, 2023, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL April 4, 2023 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works 4_K' Will Wiley, Assistant Director of Public Works for Maintenance Operations . A -(858) 668-4705 or wwiley@poway.org / Y Award of ·Agreement to Sage View, Inc. for the Grove Management and Maintenance Services; RFP No. 23-014 A request for proposals (RFP) for the Grove Management and Maintenance Services, RFP No. 23-014, was duly advertised on February 16 and February 23, 2023. One (1) responsive proposal was received and opened on March 9, 2023. Staff reviewed the proposal submitted and selected Sage View, Inc., as the company providing the best value for the Grove Management and Maintenance Services to the City of Poway (City). Staff determined Sage View, Inc., to be responsive and qualified to provide these services. The length of the awarded contract shall be for approximately one (1) year and three (3) months beginning on April 5, 2023 through June 30, 2024. The contract may be extended for up to three (3) separate one-year term extensions. The request for proposals remained open for three (3) weeks. Despite the City's outreach efforts, one proposal was received. Staff reviewed the proposal and determined that Sage View, Inc., met the evaluation criteria and needs of the City. Recommended Action: It is recommended the City Council award the contract for Grove Management and Maintenance Services, RFP No. 23-014, to Sage View, Inc., and authorize the City Manager to execute the necessary documents. Discussion: The City has a continuing need for Grove Management and Maintenance Services for two groves: 1) Silver Ridge Lemon Grove; and 2) Adobe Ridge Lemon Grove. The services include irrigation inspections, pest and weed control, pruning, brow ditch cleaning, paved area sweeping, fertilization, litter control, and as-needed activities. Additional work includes harvesting, packaging, and sale of citrus. 1 of 15
April 4, 2023, Item #4The RFP was advertised for three (3) weeks in February and March. One proposal was received and opened on March 9, 2023, and was found to be responsive to the proposal's requirements. This contract will include a not to exceed 5% CPI increase. Proposal results are as follows: Location Unit Cost Per Month Annual Costs Silver Ridge Lemon Grove $5,600 $67,200 Adobe Ridge Lemon Grove $ 800 $ 9,600 Total Cost for Both Groves $6,400 $76,800 Background: On February 15, 2022, staff presented a workshop to City Council seeking input and direction for repurposing three (3) citrus-producing groves owned and maintained by the City: Silver Ridge Lemon Grove, Adobe Ridge Lemon Grove and Ted Williams Grapefruit Grove. Council was asked to consider potential options for reducing the City's associated cost for the groves. City Council provided direction to cease maintenance of the Ted Williams Grapefruit Grove and approved a plan to return the area to a no-maintenance, natural state. To achieve this, staff immediately turned off water to the irrigation, removed the irrigation system, prepared the land and had hydroseed applied to start a natural growth environment. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Funding is available in the Fiscal Year 2022-23 budget for the current year portion of this contract. The Proposed Fiscal Year 2023-24 Facilities Maintenance Division budget (415010-41600) includes $76,800 for the annual maintenance of two (2) citrus groves. Amounts for subsequent fiscal years will be included in the annual budget process for Council's consideration. Public Notification: None. Attachments: A. Standard Agreement for Services Reviewed/Approved By: Wendy1kaserma n Assistant City Manager 2 of 15 Reviewed By: Alan Fenstermacher City Attorney City Manager
April 4, 2023, Item #4City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 5th day of April, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and SAGE VIEW, INC., (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform Grove Management and Maintenance Services; WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in 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 3 of 15 ATTACHMENT A
April 4, 2023, Item #4delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 4of 15
April 4, 2023, Item #49. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency: 5 of 15 (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.
April 4, 2023, Item #4DISCLOSURE DETERMINATION: 1:8'.1 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 6 of 15
April 4, 2023, Item #414. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. 7 of15
April 4, 2023, Item #4(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 8 of 15
April 4, 2023, Item #419. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law. Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 9 of 15
April 4, 2023, Item #424. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 10 of 15
April 4, 2023, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY SAGE VIEW INC, By:------------By:-------------Chris Hazeltine, City Manager Date: Date: -----------ATTEST: Carrie Gallagher, City Clerk APPROVED AS TO FORM: By:--------------Alan Fenstermacher, City Attorney 11 of 15 Marc Doig, President ------------
April 4, 2023, Item #4A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to maintain services of two groves: 1) Silver Ridge Lemon Grove; and 2) Adobe Ridge Lemon Grove. The services include irrigation inspections, pest and weed control, pruning, brow ditch cleaning, paved area sweeping, fertilization, litter control, and as-needed activities. Additional work includes harvesting, packaging, and sale of citrus. 8. Payment for the Sale of Citrus: The Contractor shall manage, maintain, harvest and sell the citrus. The City of Poway shall be the recipient of seventy-five percent (75%) of all payments for the sale of the citrus. This payment shall be the net proceeds from the sale, and shall be itemized to show the gross amount, less the cost of harvesting, transporting, and packing of the citrus. A check shall be remitted to the City of Poway within 100 days after the harvesting/packing process. C. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on March 9, 2023, which is included in this document as Attachment 2. Total fee is not to exceed $76,800 per year plus amounts designated for grove management and maintenance services not to exceed the City's adopted fiscal year operating budget for grove management and maintenance services. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. D. Term of Agreement. This Agreement shall be effective from the period commencing April 5, 2023, and ending June 30, 2024, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Agreement and any Agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first year of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier 12 of 15
April 4, 2023, Item #4than July 1, 2025. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. E. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $2,000,000 Bodily Injury and Property Damage combined each occurrence and $4,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: 13 of 15
April 4, 2023, Item #4Contractor 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. F. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: 14 of 15 To City: To Contractor: City of Poway P.O. Box 789 Poway, CA 92074 Sage View, Inc. 12319 Sage View, Rd Poway, CA 92064 (Remainder of page intentionally left blank)
April 4, 2023, Item #4Attachement 2 FEE PROPOSALS At a minimum, Contractor should have been in the farm management business for five (5) years with five (5) years of experience in maintaining citrus trees (2 acres or more). ITEM DESCRIPTION UNIT COST FREQUENCY ANNUAL COST PER MONTH 1 Silver Ridge Lemon Grove $5,600 x 12 months $67,200 Grove Maintenance 2 Adobe Ridge Lemon Grove $800 x 12 months $9,600 Grove Maintenance Each Individual Grove location will have the following maintenance activities: MAINTENANCE ACTIVITIES -INCLUDES ALL MATERIALS (FREQUENCY PER TECHNICAL SPECIFICATIONS SECTION LV) 1 General Performance 2 Irrigation Inspections 3 Pest Control 4 Weed Control 5 Site Cleanup 6 Pruning/ Tree Skirting 7 Harvesting 8 Brow Ditch Cleaning (Excluding Adobe Ridge Groves) 9 Sweep Paved Areas 10 Fertilization 11 Litter Control AS NEEDED ACTIVITY UNIT PRICE (INCLUDES ALL MATERIALS) Tree Removal Per Tree $80 Tree Replacement Per Tree $90 General Laborer Per Hour $37 Irrigation Repair Per Hour $37 15 of 15
Avenida Florencia from Espola Road to Camino del Valle. This work has been coordinated with the
Zone 6 Street Maintenance Project.
In 2008, Development Services staff presented a multi-tiered and zoned approach to organize
maintenance efforts. Staff made a review of the street system and divided it up into eight relatively
equal parts, based on both geography and area of pavement. The defined zone approach keeps the
financial expenditure similar from year to year, sets reliable expectations for the residents, and
minimizes the area of interruption during construction activities.
The First Amendment to the contract is attached, however due to the length of the full contract, not
all referenced attachments are included. The complete contract is available for review with the
Development Services Department.
Environmental Review:
The proposed asphalt/concrete pavement rehabilitation of existing City streets with the Fiscal Year
2022-2023 Street Overlay project is Categorically Exempt from the California Environmental Quality
Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 (c) of the CEQA Guidelines,
in that the project involves maintenance of existing streets with no expansion of use.
Fiscal Impact:
There are sufficient funds in the Fiscal Year 2022-23 Street Overlay Project account (ST023) to award
the contract. This project is funded in full with TransNet Funds. TransNet funds are generated by a
half-cent sales tax approved by San Diego County voters to fund transportation projects in San Diego
County.
Public Notification:
None.
Attachments:
A. First Amendment to the Contract
Reviewed/Approved By:
11J2)J. L--------·---.,
WeniiJ Kaserman
Assistant City Manager
2 of 4
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Che,;;
City Manager
April 4, 2023, Item #5
FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF POWAY AND
HAZARD CONSTRUCTION ENGR, LLC
10529 Vine Street
Lakeside, CA 92040
This First Amendment to Contract (the "First Amendment") is made effective April 5,
2023, by and between the City of Poway, a municipal corporation (the "City") and
Hazard Construction ENGR, LLC, a California corporation (the "Contractor") to
extend the term of that certain City of Poway Unit Price Contract to the 2021-2022
Street Overlay Project dated May 18, 2022 (the "Contract").
RECITALS
A. The City and Contractor entered into the Contract for a term that began on
May 18, 2022, and which was originally to expire on June 27, 2022.
B. Under the conditions of the 2021-2022 Street Overlay Project Special Provisions,
Section 2-15, Contract Length, the parties by mutual consent, can extend the
agreement by up to two (2) one-year periods.
C. The parties now wish to extend the term of the Contract to June 30, 2023.
NOW, THEREFORE, in consideration of the mutual benefits to be derived thereupon,
the parties agree to amend the Contract as follows:
3 of 4
1. For the period of June 28, 2022, through June 30, 2023, the title of the project
shall be changed from the "2021-2022 STREET OVERLAY PROJECT" to the
"2022-2023 STREET OVERLAY PROJECT," (the "2022-2023 Project").
Except for work to cure any defaults in work performed under the Contract
during its initial term, all work to be performed between the effective date and
expiration date of this Contract extension shall be for the 2022-2023 Project.
2. The Construction Contract for the 2022-2023 Project, attached to this
Extension as Attachment 1, shall apply to all work performed for the 2022-
2023 Project.
3. The Bonds for Material and Labor and for Faithful Performance, attached to
this Extension as Attachments 2 and 3, respectively, shall apply to all work
performed for the 2022-2023 Project.
4. The Guara,nty for the 2022-2023 Project, attached to this Extension as
Attachment 4, shall apply to all work performed for the 2022-2023 Project.
5. The Worker's Compensation Insurance Certificate dated _____ ,
attached to this Extension as 'Attachment 5, shall apply to all work performed
for the 2022-2023 Project.
6. The Unit Price Proposal for the 2022-2023 Project, together with the Bid
Schedule, collectively attached to this Extension as Attachment 6, shall apply
to all work performed for the 2022-2023 Project.
ATTACHMENT A April 4, 2023, Item #5
First Amendment
Hazard Construction ENGR, LLC
Page 2
7. The List of Subcontractors for the 2022-2023 Project, attached to this
Extension as Attachment 7, shall apply to all work performed for the 2022-
2023 Project.
8. The Worker Classifications for the 2022-2023 Project, attached to this
Extension as Attachment 8, shall apply to all work performed for the 2022-
2023 Project.
9. The Non-Collusion Affidavit for the 2022-2023 Project, attached to this
Extension as Attachment 9, shall apply to all work performed for the 2022-
2023 Project.
10. The Asphalt Quantity Table for the 2022-2023 Project, attached to this
Extension as Attachment 10, shall apply to all work performed for the 2022-
2023 Project.
11. The Addendum to Section 7.4, Vicinity Maps, and Construction Details for the
2022-2023 Project, attached to this Extension as Attachment 11 , shall apply
to all work performed for the 2022-2023 Project.
Except as otherwise expressly provided above, all the provisions of the Contract
between the City of Poway and Hazard Construction ENGR, LLC, effective April 5,
2023, as extended by the second amendment, shall remain in full force and effect.
IN WITNESS WHEREOF the parties have caused the Contract to be executed as
follows:
BY:
BY:
ATTEST:
4 of 4
____________ DATED ________ _
Jason A. Mordhorst
President
Hazard Construction ENGR, LLC
__________ DATED _______ _
Chris Hazeltine
City Manager
City of Poway
Carrie Gallagher
City Clerk
City of Poway
DATED ---------
April 4, 2023, Item #5
April 4, 2023, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PQ RT City of Poway April 4, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Servicesp!l Austin Silva, Senior Planner .,p.{ 858-668-4658 or asilva@poway.org CITY COUNCIL Conditional Use Permit 22-0005, a Request to modify a Conditional Use Permit for Granite Construction's aggregate operation located at 10975 Beeler Canyon Road and making the determination that the project is within the scope of the previously certified Environmental Impact Report (SCH# 89010025) for the project Granite Construction is requesting to modify a Conditional Use Permit (CUP) for their aggregate operation by allowing for the construction of industrial buildings on the future industrial pads prior to the conclusion of mining and processing activities or operations. They are also requesting to revise future industrial building pad locations (Pads) at the northerly portion of the site located at 10975 Beeler Canyon Road, designated as Mineral Resource Extraction (MRE) in the South Poway Specific Plan (SPSP) area. This item was continued from the March 21, 2023 City Council agenda and the public hearing is still open. Recommended Action: It is recommended the City Council take public input, close the public hearing and adopt the Resolution (Attachment A) approving CUP22-0005 for the modification of CUP 19-009 and its Reclamation Plan and making the determination that the project is within the scope of the previously certified Environmental Impact Report (SCH# 89010025). Discussion: Granite Construction is the applicant and there are two property owners with the three parcels that are currently associated with CUP for Granite Construction's aggregate operation. The two westerly parcels, APN 320-031-06 and 320-031-03 are owned by Clerco, Inc. (Clerco Parcels). The easterly parcel, APN 320-031-04, is owned by Calmat Co. (Calmat Parcel). The three parcels (collectively Mining Site) are located south of Kirkham Way and north of Beeler Canyon Road on properties designated as MRE in the South Poway Specific Plan (Attachment B). Surrounding land uses include industrial development, open space, and single-family residences to the west, industrial development to the north, an apprenticeship training center and open space to the east, and single-family residences and open space in the City of San Diego to the south across Beeler Canyon Road. 1 of 28
April 4, 2023, Item #7Aggregate extraction and processing activity was conducted by Padre Transit Mix at the Mining Site starting in 1975 under a permit issued by the County of San Diego prior to the City of Poway's incorporation. Padre Transit Mix was acquired by Cal Mat Co. in 1989. The City took responsibility of administering the mining extraction permit after incorporation. The original mining operation was located on the central parcel which is in the easterly property of the Clerco Parcels (82.93-acre parcel). In 1986, Cal Mat purchased the Calmat Parcel (65.92-acre property), which was included in the current CUP for the mining operation. In 1987, Clerco purchased the westerly approximate 17-acre property (APN 320-031-06) of the Clerco Parcels to allow for a private access road from the Mining Site to Kirkham Way. In August 1991, the City Council adopted Resolution No. P-91-48R (Attachment C) approving CUP89-05 for the continuation and expansion of the aggregate operation. Granite Construction took over operation of the Mining Site in February 2020 with approval of CUP19-009. CUP19-009 was approved administratively as a minor modification to CUP89-05 to memorialize the change in the mine operator. Rather than mining, Granite Construction primarily uses the site to recycle broken concrete and asphalt into useful construction materials. The SPSP, adopted in 1985, identified the mining operation as ongoing and allowed it to continue by renewing the County's permit as a CUP from the City of Poway and approval of a Reclamation Plan. The Reclamation Plan is required by California's Surface Mining and Reclamation Act of 1975 to ensure that "adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses." Chapter 16.54.080(8) of the Poway Municipal Code (PMC) also states that the Reclamation Plan and potential use of reclaimed land pursuant to the plan are to be consistent with the General Plan and any applicable specific plans, resource plan, or element. The PMC also requires that reclamation activities begin as early as possible on those portions of the mined lands that will not be subject to further disturbance. Reclamation at this Mining Site may be done on an annual basis, in stages with continuing operations, or upon completion of all excavation, removal, or fill, as approved by the City. The Reclamation Plan indicates that two industrial pads will be constructed totaling approximately 15 acres over the easterly Clerco Parcel and the Calmat Parcel along the south side of Kirkham Way at the northerly portion of the Mining Site (Attachment D). After reclamation of the Mining Site, 154 acres will be redesignated from MRE to Natural OS. A biological conservation easement (BCE) with appropriate signage will also be required over the Natural OS areas. The remaining 15 acres where the industrial pads will be located will be redesignated to Light Industrial (LI). In 2022, Granite Construction commenced reclamation activities at the Mining Site by beginning restoration of the Central Reach of Beeler Creek, which includes 894 linear feet that have been impacted by mining activities. Granite Construction has obtained the appropriate permits from the Regional Water Quality Control Board, California Fish and Wildlife, and United States Army Corps of Engineers to move forward with the creek restoration. Restoration of this segment of Beeler Creek is expected to be completed in 2023. The applicant is requesting to modify CUP19-009 and the Reclamation Plan to reconfigure the two industrial building pads to be entirely on the Clerco Parcels as conceptually shown in the conceptual industrial pad reconfiguration exhibit (Attachment E). This would result in no industrial pad being constructed on the Cal Mat parcel and the Cal Mat parcel would remain undisturbed. The reconfigured 10-acre industrial pad on the Clerco property would be supported by manufactured slopes over 30-feet tall. A second 5-acre industrial pad will be located to the west of the access road, along Kirkham Way, consistent with the existing CUP. 2 of 28
April 4, 2023, Item #7Granite Construction is requesting to remove condition number eight (8) under the Roads and Traffic section of City Council Resolution No. P-91-48R. The resolution states that any change to this condition specifically requires approval by the City Council. The condition states that "construction of industrial buildings is prohibited on the future industrial lots to be created by reclamation activity along the northerly property line until mining and processing activities on the project site have been completed, or CalMat terminates operations under the permit." Staff is supportive of removing this condition because Granite Construction has been making progress towards the reclamation and restoration of the site as described earlier in this report. Additional conditions from City Council Resolution No. P-91-48R that have already been satisfied will also be removed; all ongoing operational conditions will remain. A Specific Plan Amendment (SPA) has been submitted to change the land use for the industrial pad locations from Mineral Resource Extraction to Light Industrial, along with a Development Review (DR) application to construct a battery storage facility on the newly reconfigured easterly pad. The SPA and DR will be heard by the City Council separately from this CUP at a later date. Environmental Review: A Final Subsequent Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) for the CalMat-Poway project, for which CUP 89-05 was a component of. The Final Subsequent EIR (SCH# 89010025) was certified by the City Council on August 7, 1990. The Final Subsequent EIR analyzed the potential impacts of the Cal Mat-Poway project. The proposed CUP modification does not create any new impacts, nor does it warrant the need for additional mitigation measures. No further environmental analysis is required because the Project's impacts have already been analyzed and are fully covered by the previously certified Final Subsequent EIR. There are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. Fiscal Impact: No impact. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on March 9, 2023. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Resolution No. P-91-48R D. Current Industrial Pad Configuration Site Plan E. Proposed Site Plan 3 of28
April 4, 2023, Item #7Reviewed/Approved By: Wendy I< erman Assistant City Manager 4 of 28 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch&t!!b City Manager
April 4, 2023, Item #7RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 22-0005 FOR GRANITE CONSTRUCTION'S AGGREGATE OPERATION TO REVISE FUTURE INDUSTRIAL BUILDING PAD LOCATIONS. ASSESSOR PARCEL NUMBERS: 320-031-06, 320-031-03, and 320-031-04 WHEREAS, Conditional Use Permit (CUP) 22-0005, submitted by Granite Construction, applicant, is a request to modify a CUP for their aggregate operation by allowing for the construction of industrial buildings on the future industrial pads prior to the completion of mining and processing activities or operations under the CUP have been terminated, and revising future industrial building pad locations (Pads) at the northerly portion of the site located at 10975 Beeler Canyon Road, designated at Mineral Resource Extraction (MRE) in the South Poway Specific Plan (SPSP) area; WHEREAS, on August 7, 1990, the City Council adopted Resolution No. 90-164 approving CUP 89-05 for continuation and expansion of the aggregate operation located at 10975 Beeler Canyon Road; WHEREAS, on August 14, 1990, a petition for a rehearing was brought before the City Council; ' WHEREAS, on August 14, 28, September 18 and October 2, 1990, the City Council reviewed the petition for a rehearing; WHEREAS, on October 2, 1990, the City Council found that there was new and different evidence that was not available at the previous hearing on August, 7, 1990; WHEREAS, on August 20, 1991, the City Council adopted Resolution No. P-91-48R approving CUP 89-05 for continuation and expansion of the aggregate operation located at 10975 Beeler Canyon Road; WHERAS, on February 20, 2020, the Director of Development Services approved CUP 19-009, allowing the aggregate facility operator to change from Vulcan Materials to Granite Construction; WHEREAS, on April 4, 2023, the City Council held a duly advertised public meeting to solicit comments from the public, both for and against relative to this application; WHEREAS, Section 17.48.070 of the of the Poway Municipal Code (PMC) establishes findings required for granting a Conditional Use Permit; and WHEREAS, the City Council has read and considered the agenda report for the proposed CUP request and has considered other evidence presented at the public meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 5 of 28 ATTACHMENT A
April 4, 2023, Item #7Resolution No. 23-Page 2 SECTION 1: A Final Subsequent Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) for the CalMat-Poway project, for which CUP 89-05 was a component of. The Final Subsequent EIR (SCH# 89010025) was certified by the City Council on August 7, 1990. The Final Subsequent EIR analyzed the potential impacts of the CalMat-Poway project. The proposed CUP modification is consistent with CUP 89-05 and does not create any new impacts nor does it warrant the need for additional mitigation measures. No further environmental analysis is required because the Project's impacts have already been analyzed and are fully covered by the previously certified Final Subsequent EIR. There are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. SECTION 2: The findings made in Resolution No. P-91-48R for CUP 89-05 remain applicable. SECTION 3: The City Council hereby approves CUP22-0005 as shown on the site plan incorporated herein by reference and stamped as "Exhibit A" and dated April 4, 2023 on file in the Development Services Department, except as noted herein, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this CUP shall apply only to the subject project and shall not waive compliance with all other sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance. C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with reasonable use and enjoyment of surrounding uses. This CUP approval allows for continued operation of the proposal submitted by CalMat for CUP 89-05 and described the Final Subsequent EIR, except without an asphalt concrete plant. E. The capacity of the sand and gravel plant is to be limited in size to a nominal processing 6 of 28
April 4, 2023, Item #7Resolution No. 23-Page 3 capacity of 775,000 tons per year. Monitoring of the production rate shall occue to the satisfaction of the City Engineer. F. The CUP shall expire on August 20, 2031. G. All structures and use of the premises shall be in conformance with a revised site plan to be submitted within 90 days. H. Applicant shall pay, at the time of the development of its industrial lots, pro rata share of $67,463.20, adjusted per annum based upon Engineering News Record, toward the development of a five-acre park in the South Poway Planned Community. I. Obtain building permits, as appropriately required, from the City of Poway and comply with the regulations of the Industrial Safety Division of the Occupational Safety and Health Administration for new or used plant facilities installed on the site. J. Submit payment(s) for consultant costs within two weeks of receipt of written requests with invoices. K. The following conditions shall be met to the satisfaction of the Planning Division: 7 of28 1. Conduct salvage operations for San Diego Barrel Cactus specimens identified by the springtime biological survey and transplant onto adjacent open space or other suitable locations within the open space areas of the South Poway Specific Plan. Transplant some cactus specimens to the future reclaimed slopes as deemed appropriate by the project biologist on consultation with the applicant. 2. Protect the riparian scrub habitat located within the Beeler Creek floodplain (as identified in Appendix C of the Technical Appendices to the certified Subsequent EIR) from operational encroachment by placement of a five-strand barbed wire fence or suitable alternative in that 0.2-acre area. Designate an open space easement over this habitat with wording to be approved by the Director of Planning Services and the City Attorney. If appropriate, submit a mitigation contingency plan within one year to address any inadvertent disturbance of the habitat. 3. Long-term biological monitoring is required per the Subsequent EIR, including the preparation of status reports to be reviewed by the City on an annual basis for a minimum of 20 years and potential extensions at each five year review period. The plan is to be prepared by a qualified biologist working with a revegetation specialist or certified landscape architect. 4. Maintain 3.8 acres of viable Southern California Grassland and 43.1 acres of Diegan Coastal Sage Scrub onsite at all times during the life of the permit. Prior to commencement of grading for the industrial pads, the applicant shall demonstrate compliance with this requirement on a habitat vegetation map prepared by a qualified biologist. Mitigation Monitoring The site shall be developed in compliance with the applicable environmental impact mitigation measures identified and the mitigation monitoring and reporting program
April 4, 2023, Item #78 of 28 Resolution No. 23-Page 4 contained within the Certified Final Subsequent EIR (CalMat-Poway -SCH No. 89010025) on file in the Planning Services Department. Any additional costs for monitoring to be borne by the applicant shall be reviewed by the applicant prior to any authorization to perform services or works associated with such costs. Reclamation Plan Commence implementation of the reclamation plan approved on August 7, 1990 in accordance with the conditions of Resolution 90-164 as amended by Resolution No. 91-078 approved on July 23, 1991. 5. The following conditions related to noise shall be adhered to: a. Turn off back-up alarms on loaders, dozers, water trucks and other mobile plant equipment during official hours of local sunset and sunrise hours and replace with flashing strobes. b. Maximize the use of storage and surge piles to shield noisy equipment (e.g., secondary crushers and vibrating screen). c. All operation conducted on the premises, including the warming up, arrival, and departure of trucks and other vehicular equipment, shall be limited to the period between 6:00 a.m. and 6:00 p.m., Monday through Friday, 8:00 a.m. and 6:00 p.m. on Saturday, and no operations shall be conducted on the premises on Sundays. The hours of operation are suspended for emergency situations or in response to the needs of government agencies. Maintenance activities may continue until 9:00 p.m. on designated work days. d. A paging system or approved alternative shall be uses so as not to produce sounds audible beyond the boundaries of the premises. 6. The following conditions related to air quality shall be adhered to: a. Obtain a San Diego Air Pollution Control District Permit (APCD) for authority to construct and an APCD permit to operate. b. The APCD shall monitor emissions on an annual or more frequent basis to ensure that the plant operates as designed. c. Wet sweeping shall be done on the private access road, as required, in order to remove the accumulation of spilled materials from the pavement. Reclaimed water shall be used for wet sweeping once available. d. Frequent watering of onsite haul routes is required to limit dust emissions from equipment moving on unpaved, in-plant surfaces in accordance with APCD requirements. e. Plan fast-growing shrubs and trees along the west side of the private access road to act as a windbreak, confining dust and particulate matter to within the site. f. Equipment to be used shall be as required by the Air Pollution Control District. g. All equipment and vehicular parking areas and roads shall be periodically treated, and at all times be maintained so as to prevent dust production to the satisfaction of the Air Pollution Control Officer. h. Immediately prior to removal from the premises, all aggregate materials capable of generating dust shall be surface watered in a manner approved by the Air Pollution Control Officer. i. All dust or other air pollution emissions at the screens, at material transfer
April 4, 2023, Item #7Resolution No. 23-Page 5 points, or at any equipment, during any phase of the operation, shall be controlled by water sprays, or by such other or additional methods as may be required by the Air Pollution Control Officer to control any excessive dust or air pollutant productions which, in the opinion of the Air Pollution Control Officer, may develop or has developed. 7. The following conditions related to landscaping shall be adhered to: a. Landscaping shall be installed in accordance with an approved plan and landscaped areas shall be provided with an irrigation system (capable of conversion to reclaimed water) installed to provide water necessary to maintain the landscape screens along the north and south property lines. b. All landscaped areas shall be maintained in a healthy and thriving condition at all times. 7. The following conditions related to water and water quality shall be adhered to: a. Provide copies to the Planning Division of the permit renewals for was discharge requirements from the State Regional Water Quality Control Board. b. No plumbing or other installation shall be made that could cause pollution of the potable water supply due to an open or cross connection or due to back siphonage. c. Removal of emergent vegetation within the water-holding basins shall occur on an annual basis. Removal of vegetation within the Beeler Creek channel is limited to maintenance for flood control as approved by the Departments of Engineering and Planning Services. d. Provide water conservation offset per Ordinance 335, as amended, in the event a larger water meter is necessary. 8. The following conditions related to visual impacts shall be adhered to: a. Non-operating equipment, vehicles, junk, or other refuse shall not be stored or allowed to exist on the premised. b. All light fixtures shall be so designed and adjusted as to reflect light downward, away from any road or street and away from other premises. 9. The following conditions related to review periods and compliance shall be adhered to: a. Annual review of the conditional use permit and reclamation plan shall be conducted per Section 17.48.140 and 16.51.090 of the PMC in addition to mitigation monitoring and reporting. b. This permit is subject to five-year reviews for compliance with prior conditions and to add new conditions as necessary to ensure compliance with changes in State, Federal, or local laws. L. The following conditions shall be met to the satisfaction of the Engineering Division: 9 of28 1. Water Quality Control -Construction Storm Water Management Compliance The project proposes to disturb an area greater than 1 acre, therefore proof of coverage under the General Permit for Discharges of Storm Water Associated with
April 4, 2023, Item #710 of 28 Resolution No. 23-Page 6 Construction Activity shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP). 2. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 3. All utility service is required to be installed underground. No overhead service will be permitted. 4. Erosion control shall be installed and maintained by the developer from October 1 to April 30 annually. The developer shall maintain all erosion control devices throughout their intended life. 5. The following conditions related to roads and traffic shall be adhered to: a. Improve and repair Creek Road from Beeler Canyon Road to Pomerado Road to a minimum paved width of 24 feet to the satisfaction of the City Engineer. b. The applicant shall verify that Beeler Canyon Road was graded to 28 feet with adequate base to the satisfaction of the City Engineer. c. The heavy truck traffic on Beeler Canyon Road and Creek Road is limited to 310 trips per day until the access road to Kirkham Way is completed. d. Commence construction of the private access road from the plan site to the northerly property line within 60 days of CUP approval and any other needed City approvals. The road is to be completed and in service no than 60 days after the commencement of construction. e. Truck traffic is limited to 730 trips per days averaged over a monthly period for working days. Periodic "no-notice" truck counts will be conducted by the City. In addition, the applicant shall maintain truck trip logs of the number and types of trucks entering and leaving the site with copies provided to the Engineering Services Department upon request. f. All truck and employee traffic shall utilize the Kirkham Way entrance upon completion of the new access road. g. The onsite access road shall be well maintained at all times to meet Industrial Mine Safety and Health Administration (IMSHA) requirements. h. Construction of industrial buildings is prohibited on the future industrial lots to be created by the reclamation activity along the northerly line until mining and processing activities on the project site have been completed, or CalMat terminates operations under the permit. Any changes from this condition would have to be specifically approved by the City Council. 6. The following conditions related to floodway shall be adhered to: a. Settling ponds shall be in conformance with the approved plot plan. b. If necessary, obtain a streambed alteration permit from the California Department of Fish and Game before any work within the Beeler Creek channel. Coordinate this permit process with the Engineering and Planning Divisions. c. If necessary, obtain a Section 404 permit from the Army Corps of Engineers for any work that would affect wetlands within or near Beeler Creek. Coordinate this permit process with the Engineering and Planning Divisions.
April 4, 2023, Item #7Resolution No. 23-Page 7 7. The following conditions related to water supply and sewage disposal shall be adhered to: a. Water supply to be provided by the City of Poway. Reclaimed water is to be used for wet aggregate processing and dust control once available. b. Provide and/or maintain adequate supply of water approved by the Air Pollution Control Officer and the City of Poway to meet the dust and air pollution control requirements. c. Provide and/or maintain facilities on the premises which are approved by the Health Officer of the County of San Diego as follows: Proper sanitary facilities including toilet, handwashing, and sewage disposal facilities for employees working on the premises. These facilities shall be installed in conformance with the applicable laws. 8. The following conditions related to grading and stockpiling shall be adhered to: a. Top of excavation shall be no closer than 50 feet to the edge of the exterior property lines as shown on the approved site plan. b. There shall be no blasting, and no storage or use of explosives, on the premises without a blasting permit issued by the City of Poway. c. No slope shall be established having a grade steeper than 2: 1, except that temporary vertical cuts in increments of 100 feet are permitted. M. The following conditions shall be met to the satisfaction of the Fire Department: 11 of 28 1. A five-strand, five-foot high barbed wire fence shall be maintained surrounding the plant site and active extraction area, with the Kirkham Way access road provided with a lockable gate or alternative suitable to the Fire Department. 2. The Beeler Canyon Road access shall be secured by a lockable gate or alternative suitable to the Fire Department. 3. Submit a business plan including a spill prevention control and countermeasure plan to the County Health Department for fuels and other hazardous materials kept on the site. 4. The addition of a temporary onsite water storage tank is required until a water line of sufficient size is available to provide adequate flow for a fire hydrant. The location and size of the water storage tank and future hydrant shall be determined by the City Fire Marshal. 5. This project shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20-feet of unobstructed width and minimum 13'6" vertical clearance, with turning radius of not less than 28-feet, and capable of supporting the imposed loads of fire apparatus not less than 75,000 pounds. 6. The angle of departure and the angle of approach of a fire access roadway shall not exceed 12-percent.
April 4, 2023, Item #7Resolution No. 23-Page 8 7. All dead-end fire access roadways greater 150-feet in length shall be provided with approved fire apparatus turn around. 8. The gradient for a fire apparatus access roadways shall not exceed 20 percent. Grades exceeding 15 percent shall be constructed of Portland Cement Concrete (PCC), with a deep broom finish perpendicular to the direction of travel. 9. Fire apparatus access roadways shall extend to within 150 feet of all portions of the exterior walls of structures as measured by an approved route around the exterior of the building. 10. Fire apparatus access roadways, permanent or temporary, shall satisfactorily pass all required tests and Inspections, and be approved by the City. 11. The approved fire apparatus access roadways, either temporary or permanent, shall be made available as soon as combustible material arrives on site. SECTION 4: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of April, 2023 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 12 of 28
April 4, 2023, Item #7Subject Location: 320-031-06 13 of 28 • NORTH t Location: City of Poway Zoning I Location Map Item: CUP22-0005 0 500 P--ir=eet ATTACHMENT B San Diego ubject
April 4, 2023, Item #7RESOLUTION NO. P-91-48R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 89-05 ASSESSOR'S PARCEL NUMBER 320-031-03, 04, 06 WHEREAS, Conditional use Permit 89-05, submitted by CalMat, applicant, for the purpose of continuing and expanding the aggregate operation on the real property situated in the City of Poway, County of San Diego, State of California, described as a portion of the west half and a portion of the east half of the northeast quarter of Section 25, Township 14 South, Range 2 west, San Bernardino Meridian, regularly came before the City Council for public hearing and action on July 23, 1991; and WHEREAS, the Director of Planning Services has recommended approval of the conditional use permit subject to all conditions set forth in the Planning Services Department report; and WHEREAS, the City Council has read and considered said report and has considered other evidence presented at the public hearing. NOW I THEREFORE, the City Council of the City of Poway does hereby resolve as follows: Section 1: Environmental Findings: 14 of 28 The City Council found on August 7, 1990 that the proposed conditional use permit is a component of the CalMat-Poway project for which a Final Subsequent Environmental Impact Report (SCH 189010025) for the subject project was reviewed and considered by the City Council and was certified as complete and adequate for the proposed conditional use permit by Council Resolution 90-16 3. The Final Subsequent EIR concluded that the project would result in unmitigated impacts that would warrant overriding considerations in the event of Council approval. Statement of Overriding Considerations rt was further found and determined pursuant to Sections 15092 and 15093 of the state CEQA Guidelines that the impacts on landform/aesthetics and biology are partially mitigated and that the remaining significant impacts on landform/aesthetics and biology are acceptable due to overriding considerations, in that the benefits of the project outweigh the remaining impacts. The facts supporting this finding are as follows: 1. 2. The project implements the South Poway Planned Community which preserves the existing extractive operation and contains provisions for expanding the extractive area and continuing the extractive activity. The project will implement an environmentally sensitive reclamation plan that will prepare the site for ultimate ATTACHMENT C
April 4, 2023, Item #715 of28 Resolution No. P-91-48R Page 2 open space and light industrial land uses consistent with the South Poway Planned Community. 3. The project will construct an on-site access road which will divert project-related traffic away from Beeler canyon Road and the adjacent residential neighborhood. 4. The project provides beneficial use of the underlying regionally significant MRZ-2 aggregate resource. Aggregate is an important resource to the community and region used in construction. In 1984, the City Council recognized the need to designate areas for construction aggregate to service future development in northern San Diego County over the next 50 years. s. Allowing the continued extraction of aggregate at the CalMat-Poway site would reduce regional impacts to air quality, energy, traffic, utilities, and economics, resulting from the increased travel distance and cost should an alternate site be selected. 6. The project implements partial mitigation of the impact on a regionally significant mineral resource (aggregate) by the development of the South Poway Industrial Park. 7. The project will maintain and generate long-term employment opportunities within the City of Poway. 8. The project will generate fees, taxes and other recurring revenues which will exceed the cost of the City providing services to the project. Section 2: Findings: The City Council makes the following findings in regard to Conditional Use Permit 89-05. 1. That the location, size, design, and operating characteristics of the proposed use will be conditioned to be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, in that the conditions of approval and mitigation monitoring program will insure compatibility with the neighboring property owners. The conditional use permit implements the South Poway Planned Community which designates the site as an ongoing extract! ve operation with the potential for expansion. The ultimate land uses are designated as Open Space for the lower elevations of the site and Light Industrial for the upper elevations within the South Poway Industrial Park.
April 4, 2023, Item #716 of 28 Resolution No. P-91-48R Page 3 2. That the harmony and scale, bulk, coverage, and density is consistent with adjacent uses in that the property represents 3.3 to 6.6 percent (83 to 166 acres) of the 2,500 acre planned community [which is designated as having regionally-significant mineral resources]. Existing landform and canyon floor vegetation shield most of the CalMat facility from surrounding properties other than the secluded General Dynamics facility to the south. 3. That there are adequate public facilities, services, and utilities available to the aggregate operation. Water conservation measures will be incorporated and reclaimed water utilized once it becomes available. 4. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the hours and mode of operation for the aggregate facilities are conditioned to minimize nuisances to the surrounding neighborhood. Reclamation including revegetation of reclaimed slopes is proposed to minimize visual impacts of the extractive process. s. That the generation of traffic will not adversely impact the surrounding roads and/or the City's Circulation Element, in that the construction of the private access road will commence within 60 days of CUP approval and any other needed City approvals, and that the road will be completed and in service no later than 60 days after commencement of construction, after which time all truck and employee traffic will be diverted from Beeler canyon Road and Creek Road. Improvement and repair of Creek Road between the northwest end of Beeler Canyon Road and Pomerado Road is also required. 6. That the site is suitable for the type and intensity of use for development which is proposed, in that it has operated as an aggregate operation for the past 15 years, it was a recognized aggregate operation as part of the specific plan adopted in 1985 and conditions of approval/mitigation measures assure that the intensity of use is reasonably compatible with neighboring property uses. 7. That there will not be significant harmful effects upon environmental quality and natural resources, in that the continued aggregate operation would make use of natural resources for construction products and maintenance of existing public and private facilities; the environmental effects were extensively reviewed in the subsequent EIR
April 4, 2023, Item #717 of 28 Resolution No·. P-91-48R Page 4 and only two factors were found to be unmitigable, namely aesthetics/landform alteration and biological impacts. 8. That there are no other relevant negative impacts of the proposed use that cannot be mitigated beyond the two previously mentioned, as identified and discussed in the Final Subsequent Environmental Impact Report for the subject project, which was reviewed and considered by the City Council and was certified as complete and adequate for the proposed conditional use permit by Council Resolution No. 90-163, and that the use of the property for an aggregate operation is an appropriate use in that the property was designated in 1982 by the California Department of conservation, State Mining and Geology Board, as an area of regionally significant resource, aggregate, and is designated in the South Poway Planned Community as an area of resource recovery (extraction). 9. That the proposed use will not adversely affect the City of Poway General Plan nor the South Poway Specific Plan for future as well as present development, in that the specific plan addressed the existence of the aggregate operation in 1985 and anticipated continued operation and potential expansion subject to a reclamation plan and conditional use permit. 10. This approval does not include the proposed asphal tic concrete plant. Any amendment of this CUP must comply with the South Poway Specific Plan as it may be amended from time to time. Approval of any amendment of this CUP shall be at the discretion of the City Council. 11. The approval of this conditional use permit satisfies the mitigation measures of the 1985 EIR for the South Poway Planned Community. Section 3: City Council Decision: The City Council hereby approves Conditional Use Permit 89-05, excluding the proposed asphalt concrete plant, for 166 acres which includes an 83 acre parcel (APN 320-031-03), a 66 acre parcel (APN 320-031-04) and a 17 acre parcel (APN 320-031-06), subject to the following conditions: 1 . Within 3 O days of approval: ( 1) The applicant shall submit in writing that all conditions of approval have been read and understood; and ( 2) the property owner shall execute a Covenant on Real Property. The revision to finding #10 shall apply to the Letter of Understanding of conditions and the Covenant on Real Property.
April 4, 2023, Item #7Resolution No. P-91-48R Page 5 2. This approval is for the proposal submitted by CalMat and described in the Subsequent EIR, except without an asphalt concrete plant, which would allow continued operation within the existing boundaries of the 83 acre site (APN 320-031-03), expansion to the 66 acre parcel (APN 320-031-04) and construction of a portion of the access road on the 17 acre parcel to the west (APN 320-031-06). 3. The capacity of the sand and gravel plant is to be limited in size to a nominal processing capacity of 775,000 tons per year. Monitoring of the production rate shall occur to the satisfaction of the Director of Engineering Services. 4. The term of the permit is to be 40 years. 5. All structures and use of the premises shall be in conformance with a revised site plan to be submitted within 90 days. 6. Applicant shall pay, at the time of the development of its industrial lots, pro rata share of $67,463.20, adjusted per annum based upon Engineering News Record Index, toward the development of a five acre park in the South Poway Planned Community. 7. Obtain building permits, as appropriately required, from the City of Poway and comply with the regulations of the Industrial Safety Division of the Occupational Safety and Health Administration for new or used plant facilities installed on the site. a. Submit payment(s) for consultant costs within two weeks of receipt of written requests with invoices. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: BIOLOGY 1. Conduct salvage operations for San Diego Barrel Cactus specimens identified by the springtime biological survey and transplant onto adjacent open space or other suitable locations within the open space areas of the South Poway Specific Plan. Transplant some cactus specimens to the future reclaimed slopes as deemed appropriate by the project biologist in consultation with CalMat. 2. Protect the riparian scrub habitat located within the Beeler Creek floodplain (as identified in Appendix C of the Technical 18 of 28
April 4, 2023, Item #7Resolution No. P-9l-48R Page 6 Appendices to the certified Subsequent EIR] from operational encroachment by placement of a five-strand barbed wire fence or suitable alternative in that 0.2 acre area. Designate an open space easement over this habitat with wording to be approved by the Director of Planning Services and the City Attorney. If appropriate, submit a mitigation contingency plan within one year to address any inadvertent disturbance of the habitat. 3. Submit a Diegan Coastal Sage Scrub habitat restoration plan within one year. Long-term biological monitoring is required per the Subsequent EIR, including the preparation of status reports to be reviewed by the City on an annual basis for a minimum of 20 years and potential extensions at each five year review period. The plan is to be prepared by a qualified biologist working with a revegetation specialist or certified landscape architect. 4. Develop and submit within one year, a habitat restoration and/or enhancement contingency program for on-site target areas suitable for the restoration of Southern California grassland. 5. Maintain 3. 8 acres of viable Southern California Grassland and 43,1 acres of Diegan Coastal Sage Scrub on-site at all times during the life of the use permit. MITIGATION MONITORING Site shall be developed in compliance with the applicable environmental impact mitigation measures identified and the mitigation monitoring and reporting program contained within the Certified Final subsequent Environmental Impact Report (CalMat-Poway -State Clearinghouse No. 89010025) on file in the Planning Services Department. Any additional costs for monitoring to be borne by the applicant shall be reviewed by the applicant prior to any authorization to perform services or works associated with such costs. RECLAMATION PLAN Commence implementation of the reclamation plan approved on August 7, 1990 in accordance with the conditions of Resolution 90-164 as amended by Resolution No. 91-078 approved on July 23, 1991. NOISE 1. Submit a detailed acoustical report to determine the dimensions of the acoustical barrier for the private access road. 19 of 28
April 4, 2023, Item #7Resolution No. P-91-48R Page 7 2. Turn off back-up alarms on loaders, dozers, water trucks and other mobile plant equipment during official hours of local sunset and sunrise hours and replace with flashing strobes. 3. Maximize the use of storage and surge piles to shield noisy equipment (e.g., secondary crushers and vibrating screen). 4. All operations conducted on the premises, including the warming up, arrival, and departure of trucks and other vehicular equipment, shall be limited to the period between 6:00 a.m. and 6:00 p.m., Monday through Friday, 8:00 a.m. and 6:00 p.m. on Saturday, and no operations shall be conducted on the premises on Sundays. The hours of operation are suspended for emergency situations or in response to the needs of governmental agencies. Maintenance activities may continue until 9:00 p.m. on designated work days. s. A paging system or approved alternative shall be used so as not to produce sounds audible beyond the boundaries of the premises. AIR QUALITY l. Obtain a San Diego Air Pollution Control District Permit (APCD) for authority to construct and an APCD permit to operate. 2. The APCD shall monitor emissions on an annual or more frequent basis to ensure that the plant operates as designed. 3. Wet sweeping shall be done on the private access road, as required, in order to remove the accumulation of spilled materials from the pavement. Reclaimed water shall be used for wet sweeping once available. 4. Frequent watering of on-site haul routes is required to limit dust emissions from equipment moving on unpaved, in-plant surfaces in accordance with APCD requirements. 5. Plant fast-growing shrubs and trees along the west side of the private access road to act as a windbreak, confining dust and particulate matter to within the site. 6. Equipment to be used shall be as required by the Air Pollution Control District. 7. All equipment and vehicular parking areas and roads shall be periodically treated, and at all times be maintained, so as to prevent dust production to the satisfaction of the Air 20 of 28
April 4, 2023, Item #7Pollution Control Officer. Resolution No. P-91-48R Page 8 8. Immediately prior to removal from the premises, all aggregate materials capable of generating dust shall be surface watered in a manner approved by the Air Pollution Control Officer. 9. All dust or other air pollution emissions at the screens, at material transfer points, or at any equipment, during any phase of the operation, shall be controlled by water sprays, or by such other or additional methods as may be required by the Air Pollution Control Officer to control any excessive dust or air pollutant production which, in the opinion of the Air Pollution Control Officer, may develop or has developed. LANDSCAPING 1. Submit a detailed landscaping plan to the Director of Planning Services within one year showing the landscaping screen along the north and south property lines except at access openings and along the south one-half of both east and west property lines. The plan should also show the option of planting trees on the west side of the noise barrier to be constructed along the access road. 2. Landscaping shall be installed in accordance with an approved plan and landscaped areas shall be provided with an irrigation system (capable of conversion to reclaimed water) installed to provide water necessary to maintain the landscape screen. 3. All landscaped areas shall be maintained in a heal thy and thriving condition at all times. WATER AND WATER QUALITY 1. Provide copies to the Planning Services Department of the permit renewals for waste discharge requirements from the state Regional water Quality Control Board. 2. No plumbing or other installation shall be made that could cause pollution of the potable water supply due to an open or cross connection or due to back siphonage. 3. Removal of emergent vegetation within the water-holding basins shall occur on an annual basis. Removal of vegetation within the Beeler Creek channel is limited to maintenance for flood control as approved by the Departments of Engineering and Planning Services. 4. Provide water conservation offset per Ordinance 336, as amended, in the event a larger water meter is necessary. 21 of 28
April 4, 2023, Item #7VISUAL Resolution No. P-91-48R Page 9 1. Non-operating equipment, vehicles, junk, or other refuse shall not be stored or allowed to exist on the premises. 2. All light fixtures shall be so designed and adjusted as to reflect light downward, away from any road or street and away from any other premises. REVIEW PERIODS AND COMPLIANCE 1. Annual review of the conditional use permit and reclamation plan shall be conducted per Sections 17.48.140 and 16.51.090 of the Municipal Code in addition to mitigation monitoring and reporting. 2. This permit is subject to five year reviews for compliance with prior conditions and to add new conditions as necessary to ensure compliance with changes in state, Federal, or local laws. APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: ROADS AND TRAFFIC 1. Improve and repair Creek Road from Beeler Canyon Road to Pomerado Road to a minimum paved width of 24 feet to the satisfaction of the City Engineer. 2. The applicant shall verify that Beeler Canyon Road was graded to 28 feet with adequate base to the satisfaction of the City Engineer. 3. The heavy truck traffic on Beeler Canyon Road and Creek Road is limited to 310 trips per day until the access road to Kirkham way is completed. 4. Commence construction of the private access road from the plant site to the northerly property line within 60 days of CUP approval and any other needed City approvals. The road is to be completed and in service no later than 60 days after commencement of construction. 5. Truck traffic is limited to 730 trips per day averaged over a monthly period for working days. Periodic •no-notice• truck counts will be conducted by the City. In addition, CalMat shall maintain truck trip logs of the number and types of trucks entering and leaving the site with copies provided to the Engineering Services Department upon request. 22 of28
April 4, 2023, Item #7Resolution No. P-91-48R Page 10 6. All truck and employee traffic shall utilize the Kirkham Way entrance upon completion of the new access road. 7. The on-site access road shall be well maintained at all times to meet Industrial Mine Safety and Heal th Administration (IMSHA) requirements. 8. Construction of industrial buildings is prohibited on the future industrial lots to be created by the reclamation activity along the northerly line until mining and processing activities on the project site have been completed, or CalMat terminates operations under the permit. Any change from this condition would have to be specifically approved by the City Council. 9. CalMat shall not utilize tonnage capacity in excess of 350,000 tons per year until the completion of the westerly extension of the South Poway Expressway to I-15. FLOODWAY 1. Future modifications to the Beeler Creek floodway shall be in accordance with the September 1987 report of Dr. Howard Chang which contained water surface profile calculations to determine the floodway, 100 year flood levels, velocities, and effect on neighboring properties. All permanent structures are to be constructed above the 100-year flood level. 2. The City of Poway will vacate the existing flowage easements in favor of a new flowage easement to be dedicated by CalMat. New flow age easement is to be defined in accordance with requirement set forth in Condition No. 1 directly preceding this condition. 3. Settling ponds shall be in conformance with the approved plot plan. 4. If necessary, obtain a streambed alteration permit from the California Department of Fish and Game before any work within the Beeler Creek channel. Coordinate this permit process with the Departments of Engineering and Planning Services. s. If necessary, obtain a Section 404 permit from the Army Corps of Engineers for any work that would affect wetlands within or near Beeler Creek. Coordinate this permit process with the Departments of Engineering and Planning Services. 23 of 28
April 4, 2023, Item #7WATER SUPPLY AND SEWAGE DISPOSAL Resolution No. P-91-48R Page 11 1. water supply to be provided by the City of Poway. Reclaimed water is to be used for wet aggregate processing and dust control once available. 2. Provide and/or maintain adequate supply of water approved by the Air Pollution Control Officer and the City of Poway to meet the dust and air pollution control requirements. 3. Provide and/or maintain facilities on the premises which are approved by the Health Officer of the County of San Diego as follows: Proper sanitary facilities including toilet, handwashing, and sewage disposal facilities for employees working on the premises. These facilities shall be installed in conformance with the applicable laws. GRADING AND STOCKPILING 1. Obtain a grading permit from the Engineering Services Department pursuant to Chapter 16.44 of the Municipal Code prior to construction of the private access road, where permanent near Kirkham Way (100 feet from centerline), and floodway improvements. 2. Top of excavation shall be no closer than 50 feet to the edge of the exterior property lines as shown on the approved site plan. 3. There shall be no blasting, and no storage or use of explosives, on the premises without a blasting permit issued by the City of Poway. 4. No slope shall be established having a grade steeper than 2:1 except that temporary vertical cuts in increments of 100 feet are permitted. APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Dedicate and improve the trail connection along the north side of Beeler canyon Road per the Master Plan of Trails. APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. A five strand, five foot high barbed wire fence shall be maintained surrounding the plant site and active extraction area, with the Kirkham way access road provided with a 24 of 28
April 4, 2023, Item #7Resolution No. P-91-48R Page 12 lockable gate or alternative suitable to the Director of Safety Services. 2. The Beeler Canyon Road access shall be secured by lockable gate or alternative suitable to the Director of Safety Services upon completion of the private access road from Kirkham Way. 3. Submit a business plan including a spill prevention control and countermeasure plan to the County Health Department for fuels and other hazardous materials kept on the site. 4. The addition of a temporary on-site water storage tank is required until a water line of sufficient size is available to provide adequate flow for a fire hydrant. The location and size of the water storage tank and future hydrant shall be determined by the City Fire Marshal. APPROVED and ADOPTED by the City Council of the City of Poway, state of California, this 20th day of August, 1991. ATTEST: Clerk 25 of 28
April 4, 2023, Item #7STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) Resolution No. P-91-48R Page 13 I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-91-48R , was duly adopted by the City Council at a meeting of said City Council held on the 20th day of __ August , 1991, and that it was so adopted by the following vote: 26 of 28 AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NOES: NONE ABSTAIN: NONE ABSENT: NONE . wahlsten, City Clerk way
April 4, 2023, Item #7'·--:· .:: :; ' . •-27 of 28 'iZ FJOWAY PLANT r+lll I ~Ill RECLAMATION PLAN FINAL LAND FORM CALMAT CO. P.O. BOX 3098 SAN DIEGO, CALIFORNIA 92103 ENGINEERS NAME: BEMENT DAINWOOD STURGEON 6859 FEDERAL BOULEVARD LEMON GROVE, CA 92045 ATTACHMENT D "Tl _j-mE ~-19-87 'NT J-ll-88 A~ENT N 'Mfi, ROBERT IMLER CALMAT CO. AOOREss: P.O. BOX 579 POWAY , CA. 92064 11.12, 'J'.IR
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April 4, 2023, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway April 4, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /M Austin Silva, Senior Planner AS 858-668-4658 or asilva@poway.org CITY COUNCIL Development Review 22-0004; a request for approval of the siting and design of 10 single-family dwelling units, a gate on a private street at the terminus of Larchmont Street and making the determination that the project is within the scope of the Mitigated Negative Declaration, which was approved in conjunction with the approval Tentative Tract Map 16-001 on March 20, 2018 The applicant is requesting approval a Development Review (DR) for the siting and design of 10 single-family dwelling units and a gate on a private street at the terminus of Larchmont Street within the Rural Residential A and C zones. Recommended Action: It is recommended the City Council take public input and adopt the Resolution (Attachment A) approving DR22-0004 for the siting and design of 1 O single-family dwelling units, a gate on a private street and making the determination the project is within the scope of the Mitigated Negative Declaration, which was approved in conjunction with the approval of Tentative Tract Map 16-001 on March 20, 2018. Discussion: The applicant is New Pointe Communities, and the property owner is New Pointe Investment 43, LLC. The applicant is requesting approval of a Development Review (DR) for the siting and design of 1 O single-family residences and a gate on a private street at the terminus of Larchmont Street within the Rural Residential A (RR-A) and Rural Residential C (RR-C) zones as shown on Attachment B. On March 20, 2018, TTM16-001 was approved for the subdivision of 80 acres into 10 residential lots ranging in size from one to seven acres, a separate lot for a stormwater treatment facility and a 40-acre habitat conservation parcel. On August 16, 2022, the Final Map was approved for the subdivision. The subdivision was approved utilizing "lot-averaging" with the building pads located on the western portion of the site, resulting in approximately 59 acres of the 80-acre project site preserved as open space. Lot averaging generally involves the clustering of homes on smaller lots, with no overall increase in allowable unit density, so larger areas of open space can be preserved. The property 1 of26
April 4, 2023, Item #8contains approximately nine acres of the western portion that is in the RR-C zone and the remaining 71 acres are in the RR-A zone. For subdivision tract developments, the Poway Municipal Code requires at least three different floor plans and three different fa~ade treatments for each floor plan. The three floor plans range in size from 3,501 square feet to 3,991 square feet (Attachment C). The homes feature a contemporary farmhouse architecture style by incorporating board and batten siding, shiplap siding, stucco, stone and brick veneer, outlookers, dormers, varied garage door types, varied front door types, awnings with standing seam metal roofs, pitched roofs for the main roof structure with asphalt composition shingles. The variation in the fa~ade treatments is demonstrated in the colored renderings (Attachment D). The proposed homes are consistent with development standards for their respective zones, including setbacks, lot coverage, and building height. Also included as part of this DR request, is a proposed automatic entry gate that will be located on a newly constructed private portion of Larchmont Street. The gate will have two stone veneer pilasters on each side of the street that are six feet-six inches tall. The gate will be a black steel picket style. The details of the gate are shown on Attachment E. Environmental Review: Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, a subsequent environmental document, or any additional environmental review or notice, is not required since the project is within the scope of the Mitigated Negative Declaration, which was approved in conjunction with the approval Tentative Parcel Map 16-001 on March 20, 2018. Fiscal Impact: None. Public Notification: A public notice was mailed to property owners located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Floor Plans D. Colored Renderings E. Gate Details Reviewed/Approved By: Wend~ aserman Assistant City Manager 2 of 26 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager
April 4, 2023, Item #8RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW 22-0004, ALLOWING FOR THE SITING AND DESIGN OF 10 SINGLE-FAMILY DWELLING UNITS AND A GATE ON A PRIVATE STREET (ASSESSOR PARCEL NUMBER 314-370-05) WHEREAS, the City Council considered Development Review (DR) 22-0004; a request for approval for the siting and design of 10 single-family homes and a gate on a private street located at the terminus of Larchmont Street in the Rural Residential A (RR-A) and Rural Residential C (RR-C) zones WHEREAS, on April 4, 2023, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, a subsequent environmental document, or any additional environmental review or notice, is not required since the project is within the scope of the Mitigated Negative Declaration, which was approved in conjunction with the approval Tentative Parcel Map 16-001 on March 20, 2018. SECTION 2: The findings for DR22-0004, in accordance with the Poway Municipal Code (PMC) 17.52.010 Purpose of Development Review, are made as follows: A. The project has been designed to be architecturally compatible with surrounding development by utilizing materials commonly found in surrounding neighborhoods such as stucco, siding and brick or stone veneers. Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City. B. The project has been designed to minimize impacts on surrounding development by providing three fa~ade treatments per floor plan and adhering to the development standards for the RR-A and RR-C zones. Therefore, the proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the City. C. The granting of the DR would not be materially detrimental to the public health, safety or welfare within the community since the proposed development will complete improvements necessary for the subdivision. Further, the 10 homes comply with the development standards for the RR-A and RR-C zones. D. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan. The homes feature a contemporary farmhouse architecture style by incorporating board and batten siding, shiplap siding, stucco, stone and brick veneer, 3 of26 ATTACHMENT A
April 4, 2023, Item #8Resolution No. 23-Page 2 outlookers, dormers, varied garage door types, varied front door types, awnings with standing seam metal roofs, pitched roofs for the main roof structure with asphalt composition shingles. SECTION 3: The findings, in accordance with Government Code Section 66020 for the public improvements needed as a result of the proposed development to protect the public health, safety and welfare, are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this project. 8. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: 1. Water and sewer lines; 2. Onsite fire hydrants; 3. Onsite drainage improvements; 4. Public recreation trails through the site. C. In accordance with the Poway General Plan, the project requires the payment of development impact fees, which are assessed on a pro-rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. SECTION 4: The City Council hereby approves DR22-0004, as shown on the approved plans incorporated herein by reference and stamped as "Exhibit A" dated April 4, 2023 (Exhibit A hereinafter) on file with the Development Services Department, except as noted herein and subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set forth in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to DR22-0004) and any environmental document or decision made pursuant to CEQA. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. 8. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped "Exhibit A" and on file at the Development Services Department. If actual conditions and details vary from representations on Exhibit A, the approved plans must be changed to reflect the existing site conditions and proposed project details. Any substantial changes to the approved plans must be approved by the 4 of 26
April 4, 2023, Item #8Resolution No. 23-Page 3 Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans. This matter does not include the residential housing design or development review of any of the residential lots, which would be subject to a subsequent minor development review or development review permit approval. C. Prior to issuance of any permit, the applicant shall (1) submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. D. The conditions for the project shall remain in effect for the life of the subject property and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. A Construction Noise Management Plan (CNMP) shall be prepared and submitted to the City of Poway Planning Division for its review and approval. Prior to the issuance of a Building Permit, construction plans shall also include a note indicating compliance with the CNMP is required. The CNMP shall be prepared or reviewed by a qualified acoustician (retained at the project applicant/owner or construction contractor's expense). F. The height of the homes on Lot 9 and Lot 10 shall be limited to 28 feet. G. Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with: 5 of 26 (Engineering) 1. The Public Improvement plan shall be approved, and the applicant shall enter into a Standard Agreement for Public Improvements. The applicant will be responsible for posting securities for public improvements. 2. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading of lots shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 3. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 4. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a. Three copies of certification of line and grade for the lot, prepared by the engineer
April 4, 2023, Item #8of work. Resolution No. 23-Page 4 b. Three copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City. 5. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 6. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. (Planning) 7. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, Chapter 17.07 PMC, and all other applicable codes and ordinances in effect at the time of permit issuance. 8. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 679-2570. 9. An Affordable Housing In-Lieu Fee of $500 for each market-rate dwelling unit shall be collected prior to the Building Permit issuance. 10. The residences shall be equipped with low-flow plumbing fixtures. 11. Exterior building materials and finishes shall reflect the approved elevations (Exhibit A) on file with the City and the conditions of approval, and shall be noted on the building plans, to the satisfaction of the Director of Development Services. 12. A deed covenant regarding the height limit specified in Condition of Approval F shall be recorded on Lot 9 and Lot 10. H. Prior to Issuance of a Certificate of Occupancy the applicant is required to comply with the following: 6 of 26 (Engineering) 1. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 2. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. 3. An adequate drainage system around the new building pads capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector.
April 4, 2023, Item #8Resolution No. 23-Page 5 4. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to the streets caused by construction activity from this project. 5. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy. 6. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities (i.e., at least three weeks prior to a request for occupancy is recommended). All other final reports and agreements, as outlined in Section 16.52.130 of the Grading Ordinance are to be approved (Planning) 7. Landscape and irrigation shall be installed and maintained in accordance with the approved landscape and irrigation plans on file with the City of Poway Planning Division. All landscaping shall be maintained in a thriving condition. 8. The site shall be cleared of all construction materials, supplies, and equipment. 9. All light fixtures shall be designed, shielded and adjusted to reflect light downward, away from any road or street, and away from any adjoining premises. I. The applicant shall comply with the following requirements to the satisfaction of the Fire Department: 7 of26 1. Lyon Estates is located within the very high fire hazard severity area and shall comply with the California Fire Code, California Building Code, and the PMC. 2. Ignition Resistant Class I construction is required as described in the California Building Code Chapter 7 A. 3. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings will be constructed. A new water main and fire hydrant shall be located within 600-feet of any residential structure following an approved route. A water analysis shall be performed to establish the adequacy of the existing water main and all necessary system design to serve the project. Costs of the water analysis shall be the responsibility of the applicant. 4. The approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on site. 5. All structures shall be accessible to Fire Department apparatus by way of access roadways/driveways with an all-weather driving surface of not less than 16 feet of unobstructed width and minimum 13'6" vertical clearance, with turning radiuses of not less than 28 feet, and capable of supporting the imposed loads of a fire apparatus at not less than 75,000 pounds.
April 4, 2023, Item #88 of 26 Resolution No. 23-Page 6 6. The approved fire apparatus access roadways/driveway for fire protection, either temporary or permanent shall be made available as soon as combustible material arrives on site. 7. Fire apparatus access roadways/driveways shall extend to within 150 feet of all portions of the exterior walls of all structures as measured by an approved route around the exterior of the building. 8. The gradient for a fire apparatus access roadways shall not exceed 20 percent. Grades exceeding 15 percent shall be constructed of Portland Cement Concrete (PCC), with a deep broom finish perpendicular to the direction of travel. 9. The angle of departure and the angle of approach of a fire access roadway shall not exceed 12 percent. 10. All dead-end fire access roadways greater 150 feet in length shall be provided with approved fire apparatus turn around. A 38-foot cul-de-sac shall be provided in residential areas where the access roadway serves more than two structures. 11. Fire apparatus access roadways, permanent or temporary, shall satisfactorily pass all required tests and Inspections, and be approved by the City. 12. Approved address numbers shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway/driveway fronting the property from either direction of approach. Address numbers shall contrast with their background and meet the City of Poway standards. The address is required at the private driveway entrance. Additional address numbers may be required where deemed necessary by the fire code official. 13. Structures located within the very high fire hazard severity area shall be setback a minimum of 30 feet from property lines and biological open space easements. 14. Single-story structures within the very high fire hazard severity area shall be setback a minimum 15-feet horizontally from top of slope to the farthest projection from a roof. A two-story structure shall be setback a minimum of 30-feet horizontally from top of slope to the farthest projection from a roof. 15. This project shall comply with Section Four of the City of Poway Landscape and Irrigation Design Manual and PMC 15.24 as it relates to fuel management and defensible space. 100 feet of fuel management consisting of 40-feet of Zone A and 60-feet of Zone B, is required. 10 feet of vegetation fuel modification, meeting Zone B requirements, shall be maintained on both sides of the fire apparatus access roadway/driveway fronting the property when not already within a fuel modification zone. Mitigation shall be required where 100 feet of defensible space fuel modification zones cannot be achieved within the parcel boundaries. FMZ's shall not cross over parcel boundaries. When 100 feet of fuel management cannot be achieved within the parcel boundaries the applicant shall contact the Deputy Fire Marshal at (858) 668-4471 to review your proposed mitigation options.
April 4, 2023, Item #8Resolution No. 23-Page 7 16. All flammable vegetation within the approved fuel modification zone shall be removed prior to the arrival of combustible material on the site and shall be maintained during the duration of the project until all elements of the approved fuel modification zones are installed and approved. 17. All automatic gates across fire apparatus access roadways/driveways shall be equipped with a Knox Gate Key Switch. 18. A residential fire sprinkler system with a one-inch water meter and lateral line is required. A separate plan submittal for review and approval is required to the Poway Fire Department prepared by a licensed sprinkler contractor prior to installation. If a pressure pump is required for fire sprinkler operation, auxiliary power is required. 19. Smoke alarms shall be installed in all bedrooms and adjoining hallways. They shall be hard-wired, with battery backup, and interconnected. 20. Carbon monoxide alarms shall be installed in hallways adjoining bedrooms, and on each separate floor. The carbon monoxide alarms shall be hard-wired, with battery backup, and interconnected. 21. Each chimney used in conjunction with any fireplace shall be equipped with an approved spark arrester. 22. If liquid propane gas is used as a primary utility source, tank installation and use shall comply with California Fire Code. Reflect the tank size, location, and structure/lot line separations. SECTION 7: The approval of DR22-0004 shall expire April 4, 2025, at 5:00 p.m., unless prior to that time a Building Permit has been issued and construction has commenced on the property unless prior to the expiration, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. SECTION 8: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of April, 2023 by the following vote, to wit: 9 of 26
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April 4, 2023, Item #9DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway April 4, 2023 Honorable Mayor and Members of the City C~~~ Eric Heidemann, Director of Public Works ~ Michael Obermiller, Public Works Operations Manage~ (858) 668-4722 or mobermiller@poway.org CITY COUNCIL Authorization to Purchase One (1) Cargo Box Truck with Associated CCTV Equipment Utilizing Sourcewell Cooperative Purchasing Program Contract #091521-NAF and Appropriation of Funds The City's approved Fiscal Year 2022-23 Capital Replacement Equipment Fund budget includes funding to purchase one (1) cargo box truck with associated CCTV equipment (video van). The City of Poway (City) is a member of several cooperative purchasing organizations including Sourcewell, formerly known as National Joint Powers Alliance (NJPA), which establishes and provides nationwide competitively solicited purchasing contracts which can be utilized by member agencies, such as the City. For optimal pricing, it is recommended the purchase of this equipment be made through the ?ourcewell Cooperative Purchasing Program utilizing Contract #091521-NAF with National Auto Fleet Group. All equipment meets the City's service and specification requirements. The total estimated cost for this equipment, including upfits and sales tax is $445,639.98. A trade-in credit in the amount of $35,000.00 for the current video van will be provided, bringing the net amount required for this transaction to $410,639.98. Recommended Action: It is recommended the City Council adopt a resolution authorizing the purchase of a cargo box truck with associated CCTV equipment for a total net cost of $410,639.98, the appropriation of $20,639.98 from the Sewer Fund Unassigned Fund Balance and authorizing the City Manager to execute all necessary documents. Discussion: The City operates and maintains a fleet of over 125 street-legal vehicles and other heavy equipment for the purpose of inspecting, maintaining and operating City facilities and infrastructure. Annually, several of these vehicles and pieces of equipment must be replaced as they have exceeded their useful life or have excessive mileage. The current budget contains funding to replace one (1) video van. 1 of 14
April 4, 2023, Item #9The current 15-year-old video van has exceeded its useful life and is scheduled for replacement. It consists of a truck with a mounted cargo box that houses CCTV equipment. The video van is utilized by the Public Works Wastewater Collection Division. The Wastewater Collection Division maintains an estimated 182 miles of sanitary sewer collection pipelines within the City. The video van is used for sewer mainline inspections to detect pipe defects and condition, inflow and infiltration problem areas, and root penetration. It is recommended the video van be replaced through the Sourcewell Cooperative Purchasing Program utilizing National Auto Fleet Group as the supplier. The quote provided includes a $35,000.00 credit for trading in the current unit. Even with the trade-in credit, the quote exceeds the amount budgeted by $20,639.98. All agreements offered through the Sourcewell Cooperative Purchasing Program have been awarded via a thorough Request for Bid (RFB) competitive solicitation program by a public agency/government entity (e.g., state, city, county, public university or school district). The program provides a streamlined and effective procurement option by establishing agreements with manufacturers and suppliers currently on an existing multiple award schedule with a competitive procurement procedure. Section 3.28.110 of the Poway Municipal Code permits the use of cooperative purchasing programs for procurement of supplies, services, and equipment when the administering agency has made their purchase in a competitive manner. The summary of the video van quote from National Auto Fleet Group is noted in Table 1 below: Table 1: Video Van Quote Summary NET UNIT AVAILABLE FUNDS QUOTE SUBTOTAL TRADE-IN CREDIT QUOTE AMOUNT Video Van (Cargo Box Truck $390,000.00 $445,639.98 $35,000.00 $410,639.98 with Associated CCTV Equipment) Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The City proactively plans for the replacement of its vehicles by annually setting aside a portion of the anticipated replacement costs. As such, partial funding is available in the Fiscal Year 2022-23 Capital Replacement Equipment Fund (115010-61040) and Wastewater Collection (403570-61040) for the purchase of one (1) cargo box truck with associated CCTV equipment. The net fiscal impact of this action is $410,639.98. A total of $390,000.00 was allocated for this purchase. Due to increased equipment costs, an appropriation is requested in the amount of $20,639.98 from the Sewer Fund Unassigned Fund Balance (Fund 5200) to account number 403570-61040 for this purchase. When sufficient funds have not been set aside through the City's asset management replacement charges, the requesting department funds the difference. This helps ensure the financial sustainability of the replacement fund. Future years' asset management replacement charges will be based on the new purchase price and will begin being collected next year. Sufficient funds are available for this appropriation. 2 of 14
April 4, 2023, Item #9Public Notification: None. Attachments: A. Resolution B. Quote Reviewed/Approved By: Wendy '9iserman Assistant City Manager 3 of 14 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
April 4, 2023, Item #9RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT FOR THE PURCHASE OF ONE NEW CARGO BOX TRUCK WITH ASSOCIATED CCTV EQUIPMENT (VIDEO VAN) AND AN APPROPRIATION OF FUNDS WHEREAS, the City proactively plans for the replacement of its Cargo Box Truck by setting aside monies in the Capital Replacement Equipment Fund (115010-61040) and Wastewater Collection (403570-61040) each year; WHEREAS, the cost of the Cargo Box Truck from National Auto Fleet Group through Sourcewell Cooperative Purchasing Agreement is $445,639.98, with a trade in credit to be received in the amount of $35,000.00 for the current video van, for a net cost of $410,639.98; WHEREAS, a total of $390,000 is available in the Capital Replacement Equipment Fund (115010-61040) and Wastewater Collection (403570-61040) for the purchase of one cargo box truck; which is $20,639.98 less than required due to increased equipment costs; and WHEREAS, the City ensures the financial sustainability of the Capital Replacement Fund by having the department fund the difference. · NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council authorizes the City Manager to execute a purchase agreement for the purchase of one new cargo box truck with associated CCTV equipment (video van) through the Sourcewell Cooperative Purchasing Agreement, No. 091521-NAF, for a net cost of $410,639.98. SECTION 2: The City Council authorizes an appropriation of $20,639.98 from the Sewer Fund Unassigned Fund Balance (Fund 5200) to account number 403570-61040 for the purchase of one cargo box truck. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of April 2023 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor 4 of 14 ATTACHMENT A
April 4, 2023, Item #9ATTEST: Carrie Gallagher, City Clerk s of 14 Resolution No. 22-Page 2
April 4, 2023, Item #903/13/23 03/13/23 Mr Terry Zaragoza City of Poway 1445 Lake Poway Road Poway, California, 92064 Dear Mr Terry Zaragoza, Sell, service, and deliver letter National Auto Fleet Group A DJvlal-on or Ctlo-.,rolet or Wococn'A'll-la 490 Auto Center Drive, Watsonville, CA 95076 (855) 289-6572 • (831} 480-8497 Fax Fl eetfillNati an a IA u ta Fl eetG raup. cam Quo~ID:21790RLR2 National Auto Fleet Group is pleased to quote the following vehicle(s) Upfit and Accessories for your consideration. One (1) New/Unused (Plumbers Depot Supplied Chassis & CCTV Upfit + Handling) and delivered to your department yard, each for Cab/Chassis (MSRP) $43,000.00 Box/Equipment Upfit (MSRP) $382431.96 Sales Tax (7.7500 %) $32,970.98 Discount (3%) Subtotal -$12,762.96 Subtotal $445,639.98 Trade In -$35,000.00 Total $410,639.98 -per the attached specifications: Price includes Poway's trade-in value, unit due to Plumbers Depot per their specifications This vehicle(s) Upfit is available under the Sourcewell Contract 091521-NAF. Please reference this Bid number on all purchase orders. Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call. Sincerely, Jesse Cooper National Fleet Manager Email: Fleet@NationalAutoFleetGroup.com Office: (855) 289-6572 Fax: (831) 480-8497 6 of14 , \ NISSAN_; \~ Quoting Department Account Manager Fleet@NationalAutoFleetGroup.com (855) 289-6572 ® TOYOTA ATTACHMENT B 1 of 9
April 4, 2023, Item #910/12/22, 11 :32 AM Sell, service, and deliver letter Purchase Order Instructions & Resources In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way: Email: Fleet@NationalAutoFleetGrouP-.com Fax: (831) 480-8497 Mail: National Auto Fleet Group 490 Auto Center Drive Watsonville, CA 95076 We will send a courtesy confirmation for your order and a W-9 if needed. Learn how to track your vehicle: Use the upfitter of your choice: Vehicle Status: General Inquiries: Additional Resources www.NAFGETA.com www.NAFGP-artner.com ETA@NationalAutoFleetGrouP-.com Fleet@NationalAutoFleetGrouP-.com For general questions or assistance please contact our main office at: 1-855-289-6572 7 of14 https://www.nationalautofleetgroup.com/UpfitOnlyQuote/SSDPrint/21790 2 of9
April 4, 2023, Item #9Specifications For: POWAY, CA 1 FORD E-450 GAS CUT-A-WAY 158" WB 2X4 CHASSIS 1 7.3L Gas Engine 1 6-Speed Automatic Transmission with OD 1 14,500 lb. GVWR 1 158" Wheel Base 1 Cab Air Conditioner 1 AM / FM Radio 1 14' CARGO BOX WITH WALKTHRU 1 AeroCap with Walk Thru 1 LED Light Package Includes Body Clearance and Stop/ Tail/ Turn 1 Full Width Barn Doors with CAM (Pipe) Locks on Each Door 2 Laminated Steel Lock 1 Kemlite Covering on Inside Rear Doors 1 Back Up Alarm 1 SAFE ENTRY/EXIT BUMPER INSTALLED 1 Three (3) Steps Evenly Spaced 1 Bottom Step Folds Up for Ground Clearance 1 Safety Grab Handle 1 KICKPLATE TRANSPORTER STORAGE 1 Lockable Storage Compartment for Camera and Transporter 1 Sliding Drawer 1 Notch in rear door threshold of body for TV cable to pass through to transporter storage drawer 1 KICKPLATE 2 DRAWER STACK ALUMINUM STORAGE 1 BACK-UP COLOR CAMERA SYSTEM [CHASSIS] 1 BULKHEAD WALL BETWEEN CAB AND CONTROL ROOM 1 Door 1 TV HIGH CUBE VAN EXTERIOR LIGHTING & CONTROL ROOM -EVOLUTION 3.0 TO INCLUDE: 2 Amber Title XIII Strobe Warning Beacons 2 Adjustable LED Floodlights Rear of Vehicle Area Illumination Control Room Interior: 1 Lonseal Lonplate Flooring 1 Kemlite covered walls and weather resistant/smooth finished ceiling 1 Bulkhead Wall With Passage Door From Control Room to Equipment Room 1 Tinted Viewing Window in Bulkhead Wall 1 Tinted Viewing Window in Bulkhead Door 1 Above Desk Control Console with Rack Mount for Electronic Equipment 1 Desktop / Work Area 1 12V High Intensity LED Light Fixture 1 Multi-Outlet Power Strip With USB Ports 1 Fire Extinguisher with Bracket, 1 0BC Rating 1 Operators Chair, Swivel With Casters 1 Breaker Box Storage Area with Locking Positive Latch 1 Battery Powered Carbon Monoxide Alarm 8 of 14 3 of 9
April 4, 2023, Item #91 LOW PROFILE, ROOF MOUNTED AIR CONDITIONER WITH HEAT STRIP 1 A low-profile roof mounted air conditioner with heat strip shall be supplied. 1 WALL MOUNTED ELECTRIC HEATER 1 WALL MOUNTED ELECTRIC HEATER HOUSING 1 BENCH SEAT IN VIEWING ROOM 1 CUSHION FOR BENCH SEAT 1 CLOSET IN VIEWING ROOM 1 TV HI-CUBE VAN EQUIPMENT ROOM INTERIOR -EVOLUTION 3.0 TO INCLUDE: 1 Lonseal Lonplate Flooring 1 Kemlite covered walls and weather resistant/smooth finished ceiling 1 Electrical Outlet with Dual Receptacles 1 12V High Intensity LED Light Fixture 1 15 Minute Courtesy Timer Located at Rear Door Area for 12V LED Interior Lights 1 MUL Tl-OUTLET WORKSTATION WITH LIGHTS AND USB PORTS 1 20-GALLON WASHDOWN SYSTEM TO INCLUDE: 1 20-Gallon Fresh Water Tank 1 Electric Water Pump 1 Retractable Hose Reel with 25'Water Hose and Nozzle 1 UPPER AND LOWER STORAGE CABINET IN EQUIPMENT ROOM 1 Lower Storage Cabinet/ Work Top with Sink and Faucet 1 Upper Wall Mounted Storage Cabinet 1 5-DRAWER TOOL CHEST, MODULINE 1 Electrical Outlet 1 7000 WATT GAS ONAN GENERA TOR 1 120 Volt 60 HZ 7000 Watt EFI (Electronic Fuel injection) Commercial Grade Generator 1 Gasoline Powered 1 Electric Start 1 Air Cooled 1 Generator Remote Start/Stop Cable assembly 1 GENERATOR COMPARTMENT [UNDER CHASSIS MOUNT] 1 Generator Storage Compartment with Lockable External Access Door 1 Commercial Power Supply Receptacle, 25'Cord, and Plug 1 Electrical Supply Center with Circuit Breaker Box 1 Commercial power and Generator Power Connectors 9 of14 4 of9
April 4, 2023, Item #91 Automatic Power Transfer Switch 1 SYSTEM ENGINEERING PANEL, FOR POWER INFORMATION AND GENERA TOR FUNCTIONS, RACK MOUNTED, TO INCLUDE: 1 Four Function AC Power Meter displaying Critical Power Information including: 1 Voltage 1 Hertz 1 Amperage 1 Active Power (Watts) 1 Front panel Selector Switch for two modes of operation: 1 Fixed reading 1 Continuous Auto-cycling 1 Generator Battery Meter to Display Starting and Charging Voltage 1 Generator Hour Meter 1 Generator Remote Start/Stop Control Switch 1 On/Off Switch for Emergency Warning beacons (Switch to Illuminate When On) 1 023 P& T ZOOM M/C LED CAMERA 1 Solid State Color Sewer TV Camera 1 Pan & Rotate Camera Head, 40:1 Zoom Ratio, 10x Optical Zoom, 4x Digital Zoom 1 NTSC Color Standard with 4x Light Integration 1 4 X 5W Cluster LEDs for 6" through 72" lines 1 Camera Transportation and Storage Case 1 BRASS COMP STEERABLE CAM TRANS, WHEELED -GOV 1 Steerable Unit Designed to Turn 360 Degrees Within Its Own Radius 1 Set of Driven Rubber Wheels to Inspect 6" Pipe 1 Two (2) Speed Transmission to Maximize Torque in Large Diameter Pipe with: 1 Manual Shifter on Camera Carrier 1 Unit Shall Have Forward, Free Wheel, and Power Reverse Capablities 1 All Six (6) Wheel Drive Transporter Assembly to Include: 1 Motor & Enclosed Drive Train 1 Tip Up Rear Connector 1 8" RUBBER WHEEL KIT FOR COMPACT TRANSPORTER 1 10-15" RUBBER WHEEL KIT FOR COMPACT TRANSPORTER 1 6"-15"PIPE SPACER KIT 1 **REVIEW REQUIREMENTS -RVC FOR CAMERA MAY BE REQUIRED**ELECTRIC CAMERA LIFT FOR COMPACT TRANSPORTER 1 12"-15" PNEUMATIC TIRE KIT FOR COMPACT TRANSPORTER 1 6" STEEL 10/12 GR WHEEL KIT FOR COMPACT TRANSPORTER 1 8" STEEL 10/12 GRIT WHEEL KIT, v2 1 10-15" STEEL 10/12 GR WHEEL KIT FOR COMPACT TRANSPORTER 10 of 14 5 of 9
April 4, 2023, Item #91 1 QUICK CABLE LOCK PIGTAIL COUPLER KIT 1500' CABLE ASSEMBLY, M/C 12PIN METAL 1 1 S00'Gold Multi Conductor Kevlar Fiber Armored Combination TV Transmission/ Tow Cable 1 1 1 .450 Diameter Metal Splice Chamber with Pigtail Cable Strain Relief 1 TV REEL ASSEMBLY, MECHANICAL FOOTAGE FOR SUMMIT .450 CABLE 1 Black Thermoplastic Powder Coated Frame (not available with BRAKE option) 1 Power Levelwind & Multi Ratio Manual Transmission 1 Footage Meter with Local Counter and Remote Electronic Counter 1 Transmission Control at Viewing Station 1 Local Reel Mount Electrical and Mechanical Control 1 Sealed Continuous Contact Collector Assembly 1 Removable Drip Pan for Cleaning (not available with BRAKE option) 1 AUTOMATIC PAYOUT SYSTEM FOR REEL -INSTALLED 1 PCU ASSEMBLY [RACK MOUNT] 1 CCU ASSEMBLY [RACK MOUNT] 1 Alpha Numeric Information Display, with Multi Paging and Defect Coding 1 Remote "QWERTY" Keyboard 1 On Screen Footage Display 1 WIRELESS CONTROLLER 1 Joystick Control for Pan and Tilt Zoom Camera to Include: 1 360 Degree Rotate 1 330 Degree Optical Pan 1 Joystick Control for All Steering Functions & Forward / Reverse Directions for Transporter 1 Camera Lift Control for Optional Electronic Camera Lift 1 All Other Controls for Camera to Include: 1 Camera Iris and Focus Override & Zoom 1 Camera Lights & Shutter Control for Light Enhancement 1 Camera Diagnostics & Auto Home 1 Cruise Control to Set Speed of the Transporter for Hands Off Operation 1 All Reel Controls to Include: Retrieve, Release, and Variable Speed [Excluding Dolly Systems] 1 WIRED USB CONTROLLER 1 Joystick Control for Pan and Tilt Zoom Camera to Include: 1 360 Degree Rotate 1 330 Degree Optical Pan 1 Joystick Control for All Steering Functions & Forward / Reverse Directions for Transporter 1 Camera Lift Control for Optional Electronic Camera Lift 11 of 14 6 of 9
April 4, 2023, Item #91 All Other Controls for Camera to Include: 1 Camera Iris and Focus Override & Zoom 1 Camera Lights & Shutter Control for Light Enhancement 1 Camera Diagnostics & Auto Home 1 Cruise Control to Set Speed of the Transporter for Hands Off Operation 1 All Reel Controls to Include: Retrieve, Release, and Variable Speed [Excluding Dolly Systems] 1 8.7" MINI KEYBOARD 1 SHORTING PLUG 1 TEST CABLE 12 of 14 7 of 9
April 4, 2023, Item #91 KIT,UPS,BELOW MOUNT TO INCLUDE THE FOLLOWING: 1 Input 120-Volt I Output 120-Volt 1 Cord Management Straps 1 SELF PROPELLED LATERAL INSPECTION/ EVALUATION SYSTEM, WHEELED, FOR 6" -15" MAINLINE AND 3" -8" LATERAL INSPECTION, WITH PAN AND TILT/ ZOOM MAINLINE CAMERA, AND WIRELESS CONTROL TO INCLUDE: 1 Mainline Pan, Tilt, and Zoom Camera to Include: 1 Mainline Solid State Color Sewer TV Camera with: 1 Pan, Tilt & Rotate Camera Head 1 40: 1 Zoom Ratio, 1 Ox Optical Zoom, 4x Digital Zoom, NTSC Color Standard 1 360 Degree Range of Rotation, 270 Pan Viewing Angle, Panning 360 Degrees 1 Auto Iris, Auto Focus, Manual Override of Focus and Iris 1 Camera will also be Used for: 1 Monitoring Lateral Pan & Tilt Camera During Extend I Retract Operation 1 Light Assembly, Pan & Tilt Zoom Camera, 6" -72" lines 1 White LED Field Replaceable Lamps 1 Automatic Centering 1 Lateral Launcher, for Lateral Pan and Tilt Camera to include: 1 Self Propelled Launcher Robot with Freewheel, Forward, and Power Reverse 1 Camera Head Mounting Assembly with Rotation Positioning, Articulating Hinge 1 Push Cable Drive Assembly -Two-Speed Extend/ Retract Camera Positioning 1 Rear tip-up connector 1 Interconnect Cable for Launcher to Push Cable 1 Interconnect Cable for Control System to Power Control Unit 1 Single-point quick wheel removal system 1 6 each 3.5" diameter tires for 6" pipe 1 6 each 4.375" diameter tires for 8" pipe 1 6 each 5" diameter tires for 10"-15" pipe 1 Pneumatic Tire Kit for 12" -15" pipe 1 Rear Housing Assembly to Add Optional Rear View Color Camera 1 LAUNCHER MUST BE LATERAL PAN & TILT CAMERA READY Lateral Reel / Control Assembly / Wireless Controller 1 Electric Reel with Slipring and Clutch for: 1 1 Powered Retrieve of Push Cable Control System to Include Launcher/ Self Propelled Robot Control with: 1 Extend/ Retract, Left/ Right Rotation, Camera Selection 1 1 Control: 1000 ft. Video Cable with Cable End Termination Controller with Forward, Freewheel, and Power Reverse/ Variable Speed 1 Self-Propelled Launcher Robot 1 All Launcher, Camera, and Reel Functions Shall be Controlled by the Wireless Hand Held Summit System Controller 1 Compact Mainline Video Monitor 1 SELF-LEVELING COLOR CAMERA WITH BUILT-IN SONDE KIT FOR USE WITH LAMP SYSTEM to include: 1 Self-Leveling/ Built-In Sonde Mini Camera 1 Lateral Camera Spring Assembly 1 Centering Ball 1 REAR VIEW CAMERA ASSEMBLY FOR USE WITH LAMP SYSTEM 1 Color NTSC Camera 1 Lightring with (12) Solid State White LEDs 13 of 14 8 of 9
April 4, 2023, Item #91 120' PUSH CABLE FOR LATERAL INSPECTION SYSTEM 1 6" STEEL 10/12 GR WHEEL KIT FOR COMPACT TRANSPORTER 1 8" STEEL 10/12 GRIT WHEEL KIT, v2 1 10-15" STEEL 10/12 GR WHEEL KIT FOR COMPACT TRANSPORTER 1 KIT,DOWNHOLE,STD 1 Toproller Assembly, Manhole, TV Only, Al 1 Claw Hook, Manhole Adapter, f/WT319 1 Hook Assembly, Retrieval (SNGL,SHTY/LMP/PR) 6 Pole Assembly, Retrieval/ Downhole tl,58" 1 Roller Assembly, Invert fl WT319 1 MUL Tl CONDUCTOR TV ONLY TOOL KIT 1 Milliampmeter Tool 1 Electrical Tape 1 Needle Nose Pliers 1 Six-In-One Screwdriver 1 6" Adjustable Wrench 1 Anti Seize Grease 1 9-Piece Allen Wrench kit 1 Solder Iron Kit 1 Pliers 1 5/32 T-Handle Hex Wrench 1 TRAINING, ON-SITE (THREE DAYS) 1 TRUCK DELIVERY-CALIFORNIA 1 Year Warranty against manufacturer defects on Cues equipment. 36,000 Miles or 3 year chassis warranty 60,000 miles or 5 year power train warranty Lifetime Loaner Equipment at No Charge 14 of 14 9 of 9