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05-02-2023 Agenda PacketAGENDA Poway City Council Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 May 2, 2023 I 7 p.m. Thank you for participating in your local government and the City of Poway Council meetings. Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public. Public Meeting Access I Members of the public may attend the City Council meeting in person, or watch the City Council meeting live online. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website. Speakers I Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes. To Watch Live: www.poway.org/councilmeetings 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 available for viewing on the City's website at www.poway.org. Sign up at https://poway.org/list.aspx to receive email notifications when City Council agendas are published online. Items listed on the agenda with a"#" symbol are in preparation. PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting. American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting. 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 Steve Vaus Mayor Barry Leonard Deputy Mayor Brian Pepin Councilmember Caylin Frank Councilmember Peter De Hoff Councilmember 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 Council member, a member of the public, or City Manager requests that an item be removed for discussion. 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the March 7, 2023 Regular City Council Meeting Minutes 3. Appropriation of Additional Funds for the Starridge Park Pathway Extension Project and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) 4. Resolution Approving a 2% Increase in the Regional Transportation Congestion Improvement Program (RTCIP) Traffic Mitigation Fee for Fiscal Year (FY) 2023-24, as required by the TransNet Ordinance 5. Resolution authorizing participation and acceptance of funds through the 2022 State Homeland Security Grant Program 6. Resolution to Adopt the 2023 Multi-Jurisdictional Hazard Mitigation Plan 7. Approval of Amendment to Employment Agreement for the City Manager ORDINANCES FOR INTRODUCTION: None PUBLIC HEARINGS: 8. Variance (VAR) 20-002/Conditional Use Permit (CUP) 20-006/Minor Development Review Application (MDRA) 20-017, a request to construct and operate a wireless communication facility containing a tower feature that exceeds the maximum building height, in the Creekside Plaza shopping center located at 13573 Poway Road, in the Commercial General district of the Poway Road Specific Plan 2 of 4 Regular City Council Meeting May 2, 2023 City Manager's Recommendation: It is recommended the City Council continue the public hearing for VAR 20-002/CUP 20-006/MDRA 20-017 to a date uncertain. STAFF REPORTS: 9. Award of Contract to Marcon Engineering, Inc., for the Lake Poway Upper Playground Renovation Project, Bid No. 23-008, Appropriation of Additional Funds and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) City Manager's Recommendation: It is recommended the City Council 1) award the contract for the Lake Poway Upper Playground Renovation project to Marcon Engineering, Inc., in the amount of $1,546,190.34 and authorize the City Manager to execute the contract; 2) appropriate additional funds in the amount of $400,000 from the Park Improvement Fund (4110-30504112) for construction of the Lake Poway Upper Playground Renovation Project (CIP #PK020); and 3) make a determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA). 10. Approval of Agreement Between the City of Poway and Convergint Technologies, LLC for the purchase and installation of an electronic security system at the Lester J. Berglund Water Treatment Plant and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) City Manager's Recommendation: It is recommended the City Council award the contract for the Water Treatment Plant Security Upgrades project to Convergint Technologies, LLC in the amount of $223,886.32 and authorize the City Manager to execute the agreement and related 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) CLOSED SESSION: None AD!OURNMENT 3 of 4 Regular City Council Meeting May 2, 2023 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 April 25, 2023. Said meeting to be held at 7:00 p.m., May 2, 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. 4 of 4 Regular City Council Meeting May 2, 2023 NOTE: 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 March 7, 2023 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Regular Meeting to order at 7:00 p.m. ROLL CALL Present: Brian Pepin, Peter De Hoff, Barry Leonard, Steve Vaus Absent: Caylin Frank STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Bob Manis; Interim Director of Finance Tim McDermott; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; 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 5 Attachment A May 2, 2023, Item #2 City of Poway -Minutes -March 7, 2023 PUBLIC COMMENT Nick Carruthers spoke regarding the City's public noticing and provided suggestions to enhance noticing. Sharlene O'Keefe, Executive Director, Poway OnStage announced March is "Arts in Education Month" and shared recent and upcoming productions. Ms. O'Keefe spoke regarding their robust Arts in Education Initiative and provided details of upcoming scheduled events. Tony Blain spoke regarding his intention to file a ballot initiative to place local term limits on the November 2024 ballot. CONSENT CALENDAR Motioned by Mayor Vaus, seconded by Councilmember Pepin, to approve Consent Calendar Items 1 through 3. Motion carried 4/0/1 by the following roll-call vote: Ayes: Noes: Abstained: Absent: Pepin, De Hoff, Leonard, Vaus None None Frank Disqualified: None 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the February 7, 2023 Regular City Council Meeting Minutes 3. Approval of Consultant Agreement with Project Design Consultants (PDC) for Design Services for the Butterfield Trail Sewer Upsize project, RFP No. 23-012 ORDINANCES FOR INTRODUCTION None. PUBLIC HEARINGS: None. STAFF REPORTS: 4. Pre-Development Conference (PDC) 23-0001, a proposal to construct a 30,500 square-foot Recreational Fitness Club by Life Time including outdoor fitness uses, lit recreational courts, a restaurant and bar, alcohol sales, a day spa and small supportive retail at The Farm in Poway Director of Development Services Bob Manis presented the item along with a PowerPoint presentation. He stated the item is presented as advisory only noting no decisions will be made nor will Council be asked to vote on this item tonight. He further indicated the applicant is seeking input on their proposed project and he noted staff will return to Council in the future seeking action from the Council if the applicant choses to proceed with the project. Mr. Manis 3 of 5 May 2, 2023, Item #2 City of Poway -Minutes -March 7, 2023 provided background on the project located within The Farm having been approved by the voters at the General Municipal Election in November 2020. He spoke regarding the project Specific Plan and detailed the land use regulations within the development, including approved building area and size, passive, and active open space uses, in addition to commercial development. He noted the Open Space Conservation (OSC) which surrounds the area and provided a summary of the approved land uses. Mr. Manis spoke regarding the completion of an updated traffic analysis and expounded on three areas of project modifications as they relate to the Specific Plan including: signage, hours of operation and screening. Site elevations were shown, as well as a brief synopsis was provided pertaining to input received and concerns noted at a neighborhood meeting. Applicant, Chris Campbell, Senior Development Manager of Life Time Property provided project renderings which included outdoor space and interior/exterior building design. He spoke regarding plan modifications as a direct result of community outreach. In response to community input, Mr. Campbell noted the incorporation of architectural design aesthetics using natural looking materials, utilitarian forms, and composite landscaping from the approved Farm development plant palette. Mr. Campbell then provided an overview of the projected community impact, including anticipated annual property tax revenue and the creation of new jobs. He concluded his presentation with a fly-through video of the site plan. Public Comment: Spoke in support: Kevin McNamara Sterling Miles Melissa Chapperone (voiced support by way of speaker slip but did not speak) Spoke in opposition: Ron Lewis Heather Jalisi Spoke neutrally: Yuri Bohlen Randy Middlebrook Carl Rossi Sean Park End of Public Comment Council discussion ensued and included items to consider such as traffic impacts, the addition of landscape screening to lessen the impact on residential neighbors including the south wall and parking lot, the use of mature trees to absorb sound, compliance with Dark Sky Ordinance for parking lot lighting height and hours of use, hours of operation for outdoor use as opposed to indoor facility use, options to incorporate local businesses, design aesthetics modifications to include an even more country feel, and concerns over changes to the size of the project from the original plan. Council commented positively regarding the lack of impacts on the original amenities planned for the overall development, the addition of mixed uses in Poway, addition of jobs, economic 4 of 5 May 2, 2023, Item #2 City of Poway -Minutes -March 7, 2023 benefits for the City, the addition of a premier fitness facility in Poway, programming specific to children and inclusion of pickleball courts. At the request of Mayor Vaus, City Attorney Fenstermacher explained the General Plan Amendment and Specific Plan were adopted subject to voter approval, however, the more detailed site plans are not. Mr. Fenstermacher further explained the minor modification process and standards under the Specific Plan, which unlike a formal Specific Plan amendment, can be approved by City Council action without being subject to voter approval. City Council provided input and direction; no action was taken. WORKSHOPS None. COUNCIL-INITIATED ITEMS: 5. Appointments to the Budget Review Committee (BRC) and Parks and Recreation Advisory Committee (PRAG). No Speakers Motioned by Mayor Vaus, seconded by Councilmember De Hoff to appoint Jared Wilson to a one-year term expiring December 31, 2023; and Rob Polston, Andrew Cruz, and Chris Pikus to the BRC for two-year terms expiring December 31, 2024; and to appoint Phil Rath, Steven Polito, Crystal Anderson, Julia Fontana and Sabrina Butler to the PRAC for two-year terms expiring December 31, 2024. Motion carried unanimously (Frank -ABSENT). 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 8:45 p.m. 5 of 5 Carrie Gallagher, CMC City Clerk City of Poway, California May 2, 2023, Item #2 Environmental Review: The proposed addition of a new pathway to an existing park 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 improvements to an existing use in an existing park with no expansion of use. Fiscal Impact: Approval of this item will result in an appropriation of $136,000 from the Capital Improvement Fund (General Fund), unassigned fund balance to the Starridge Park Pathway Extension project account (PK024). Public Notification: None. Attachments: A. Pathway Extension Exhibit Reviewed/Approved By: o;J~-~ Wend~Kaserman Assistant City Manager 2 of 3 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager May 2, 2023, Item #3 3 of 3 EXISTING PATHWAY/ PROPOSED NEW PATHWAY EXTENSION -- STARRIDGE PARK PATHWAY EXTENSION EXHIBIT ATTACHMENT A l NORTH May 2, 2023, Item #3 RESOLUTION NO. 23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING A 2% INCREASE IN THE REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM (RTCIP) TRAFFIC MITIGATION FEE FOR THE FISCAL YEAR (FY) 2023-24, AS REQUIRED BY THE TRANSNET ORDINANCE WHEREAS, in November 2004, voters in San Diego County approved a 40-year extension to the existing TransNet program to fund improvements to the region's transportation system; WHEREAS, the extension Ordinance requires local agencies to collect traffic mitigation fees, starting July 1, 2008, from residential dwelling units to fund the Regional Transportation Congestion Improvement Program (RTCIP) to ensure that new development directly invests in the region's transportation system to offset the negative impact of growth on congestion and mobility; WHEREAS, on April 1, 2008, the City Council adopted the RTCIP Traffic Mitigation Fee of $2,000 per residential dwelling unit pursuant to Section 9A of the TransNet Ordinance; WHEREAS, Section 9A of the TransNet Ordinance also mandates that the RTCIP Traffic Mitigation Fee shall be increased annually, in an amount not to exceed the percentage increase set forth in the Engineering Construction Cost Index published by the Engineering News Record or similar cost of construction index with a minimum increase of 2%; WHEREAS , the City Council has adopted annual increases to the RTCIP Traffic Mitigation Fee and the current fee is $2,688.21 per residential dwelling unit, pursuant to Section 9A of the TransNet Ordinance; WHEREAS, SANDAG has informed the City that the percentage increase in the RTCIP Traffic Mitigation Fee for FY 2023-24 is set at 2%; and WHEREAS, the City Council intends by this Resolution to increase the City's RTCIP Traffic Mitigation Fee from $2,688.21 to $2,741 .97 per residential dwelling unit to meet the requirement of Section 9A of the Trans Net Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows : SECTION 1: The City Council finds that the adoption of this Resolution is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines, as it entails State-mandated updates to current City regulations, and there is no possibility that this will have a significant effect on the environment. SECTION 2: The City Council, starting July 1, 2023, hereby increases the RTCIP Traffic Mitigation Fee from $2,688.21 to $2,741.97 per residential dwelling unit, regardless of type, to fund roadway and traffic signal improvements on Espola Road, Poway Road, Pomerado Road, Twin Peaks Road, Community Road, Ted Williams Parkway, Camino Del Nortei[)and Scripps Poway Parkway considered part of the Regional Arterial System . 1~ 3 of7 ATTACHMENT A May 2, 2023, Item #4 Resolution No . 23- Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of May, 2023 by the following vote , to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4 of7 May 2, 2023, Item #4 SA Item: 9 Board of Directors February 24, 2023 TransNet Regional Transportation Congestion Improvement Program Proposed Fee Adjustment Overview The TransNet Extension Ordinance requires the 18 cities in the San Diego region and the County of San Diego to collect a Regional Transportation Congestion Improvement Program (RTCIP) fee from the private sector for each new housing unit constructed in its jurisdiction, with certain exceptions, including low-income residential units and accessory dwelling units. Action: Approve The Board of Directors is asked to approve a 2% adjustment to the Regional Transportation Congestion Improvement Program, raising the minimum fee from $2 ,688.21 to $2,741 .97 beginning July 1, 2023. The purpose of this fee is to help ensure that future development contributes its proportional share of the funding needed to pay for the impact of new growth on the Regional Arterial System and related regional transportation facility improvements as defined in the most recent Regional Transportation Plan adopted by SANDAG. Key Considerations SAN DAG is required to adjust the minimum RTCIP fee amount on July 1, of each year based on an analysis of construction cost indices, but never less than 2%. The purpose of this annual adjustment is to ensure that the RTCIP retains its purchasing power to improve the Regional Arterial System. Based on an analysis of construction cost trends and relevant indices, staff recommends a 2% fee adjustment to the RTCIP, raising the minimum RTCIP fee from $2,688.21 to $2,741 .97 beginning July 1, 2023 (Attachment 1 ). Even though CCI inflation has accelerated from its previous low pace, this 2% increase is enough to ensure that the RTCIP fee maintains its purchasing power to complete necessary transportation improvements due to past CCI increases being less than 2%. Staff will also continue monitoring the performance of the economy and the construction cost indices and may propose an increase larger than the 2% minimum in 2024. Further detail can be found in Attachment 1. Next Steps In accordance with TransNet Extension Ordinance provisions each jurisdiction's RTCIP funding program must be submitted for review by the Independent Taxpayer Oversight Committee (ITOC) by April 1 of each year to remain eligible for TransNet local street and road funding. The annual submittal of RTCIP funding programs by local jurisdictions is scheduled for review at the April 12, 2023, ITOC meeting . Susan Huntington, Director Financial Planning and Budgets Key Staff Contacts: Michael Terlep, (619) 699-6929 michael.terlep@sandag.org Marcia Smith, (619) 595-5338 marcia.smith@sandag.org Attachment: 1. Discussion Memo 5 of 7 ATTACHMENT B 60 May 2, 2023, Item #4 Attachment 1 Discussion Memo Background The TransNet Extension Ordinance requires the 18 cities and the County of San Diego to collect a fee from the private sector for each new housing unit1 constructed in that jurisdiction for contribution to the Regional Transportation Congestion Improvement Program (RTCIP). RTCIP revenue is required to be used to construct improvements on the Regional Arterial System, such as new or widened arterials, traffic signal coordination and other traffic improvements, freeway interchange and related freeway improvements, railroad grade separations, and improvements required for express bus and rail transit. The Ordinance further requires SAN DAG to adjust the RTCIP fee amount each year, and states that in no event shall the adjustment be less than 2% per year or more than the percentage increase set forth in the Engineering Construction Cost Index (CCI) published by the Engineering News-Record (ENR), or a similar CCI. The purpose of this annual adjustment is to ensure that the RTCIP retains its purchasing power to improve the Regional Arterial System and to help ensure future development contributes its proportional share of the funding needed to pay for the impact of new growth on the Regional Arterial System and related regional transportation facility improvements, as defined in the most recent Regional Transportation Plan adopted by SANbAG. The RTCI P funding programs fall under the responsibility of the 19 local jurisdictions, which must maintain their RTCIP funding programs and comply with specific administrative requirements in order to remain eligible for TransNet local street and road funding. The RTCIP has been implemented in the San Diego region since July 1, 2008. Annual RTCIP fee adjustments, funding program reports, and related audits can be found at the RTCIP page of the SAN DAG Website. Relevant excerpts can be referenced at TransNet Extension Ordinance and SAN DAG Board Policy No. 031 : TransNet Ordinance and Expenditure Plan Rules. Analysis of Construction Cost Indices SAN DAG staff evaluated changes recorded in the ENR Los Angeles CCI, which is based on monthly price changes in four areas: lumber, cement, structural steel, and labor. Los Angeles reflects construction cost trends similar to those in San Diego. From December 2021 to December 2022, the ENR Los Angeles CCI increased by 5.8%, after a December 2020 to December 2021 increase of 7.0% in 2021 and only 0.3% uptick from December 2019 to December 2020. The ENR National CCI grew by 7.2% in 2022, after an annual increase 5.8% in 2021 and just 1.6% in 2020. Because cost indices exhibit volatility, especially amid the COVID-19 pandemic-related disruptions and inflation in recent years, it is important to take a broader view of historical trends, going back to 2008- when the RTCIP was instituted-to consider the required annual adjustment. The cumulative growth of the RTCIP from 2008 through 2022 was 34.4%, while the ENR Los Angeles CCI seeing a 42.4% growth over the same period. The chart below shows how the RTCIP and the ENR Los Angeles CCI compare over time. It shows that by maintaining the annual adjustment at the minimum 2% increase required, the RTCIP has kept pace with inflation and retained its purchasing power. 1 Units constructed for extremely low-, very low-, low-, and moderate-income households may be exempted. 6 of7 62 May 2, 2023, Item #4 >< Q) "C C: -"' ,......_ 150 140 130 o o u ~ 120 C: II 0 co :.:;g 110 O N :::i ----- !:; 100 "' C: 0 u 90 80 TransNet RTCIP vs. ENR-CCI -LA ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -ENR-CCI-LA -TransNet RTCI P As expected, construction costs-and inflation, in general-surged in the second half of 2021, exhibiting economic impact of the 2020 COVI D-19 recession and supply chain disruptions, including shortages of labor and raw materials. The Ordinance requires SANDAG to adjust the RTCIP fee amount each year, and states that in no event shall the adjustment be less than 2% per year or more than the percentage increase set forth in the Engineering CCI published by the ENR, or a similar CCI. The most recent available data shows Los Angeles CCI increased much more than the minimum 2%, but staff recommends the RTCIP be adjusted only by the required minimum of 2% in 2023 ($2,741.97). Even though CCI inflation has accelerated from its previous low pace, this 2% increase is enough to ensure that the RTCIP fee maintains its purchasing power to complete necessary transportation improvements due to past CCI increases being less than 2%. Staff will also continue monitoring the performance of the economy and the construction cost indices. Downside risks related to persistent inflation, a looming recession, and economic uncertainty, which can sap growth and expansion, put additional pressure on commodity prices and labor costs. These considerations may necessitate an increase larger than the 2% minimum RTCIP increase in 2024. 7 of7 63 May 2, 2023, Item #4 RESOLUTION NO. 23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING PARTICIPATION AND THE ACCEPTANCE OF FUNDS THROUGH THE 2022 STATE HOMELAND SECURITY GRANT PROGRAM WHEREAS, the City of Poway is eligible to receive federal grant funds through the 2022 State Homeland Security Grant Program for emergency preparedness; WHEREAS, the approved grant allocation for the City of Poway is $26,941; WHEREAS, the federal grant funds for the State Homeland Security Grant Program require no City matching funds, all grant-related expenditures are one-hundred percent reimbursable, and the City shall incur no direct costs; and WHEREAS, it is the desire of the City of Poway to participate in this program to enhance emergency preparedness. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The following staff are hereby authorized to execute for and on behalf of the City of Poway, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California. 3 of 4 Jeff Chumbley, Fire Chief Jenna Stein, Sr. Management Analyst (This section intentionally left blank.) ATTACHMENT A May 2, 2023, Item #5 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of May, 2023 by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4of 4 May 2, 2023, Item #5 DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA . REPORT Ci ty of Poway May 2, 2023 Honorable Mayor and Members of the City Council Jeff Chumbley, Fire Chief ~ Jenna Stein, Sr. Managemet/. Analyst 858-668-4474 or jstein@poway.org CITY COUNCIL Resolution to Adopt the 2023 Multi-Jurisdictional Hazard Mitigation Plan The National Disaster Mitigation Act of 2000 requires state and local governments to prepare a hazard mitigation plan in order to receive financial assistance for disasters declared after November 1, 2004. The County of San Diego led the effort to develop the first Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) which served as a guideline for lowering the risks and hazards in the region. The MJHMP is composed of the County Base Plan and 18 city annexes including the City of Poway Annex. The MJHMP is required by the Federal Emergency Management Agency (FEMA) and the State of California to be updated and adopted every five years. Recommended Action: It is recommended the City Council approve the Resolution to adopt the 2023 Multi-Jurisdictional Hazard ·Mitigation Plan. · · · · Discussion: In 2003, the City of Poway established an in-house committee of staff from Development Services, Public Works and the Fire Department. The committee identified hazards and developed mitigation goals and objectives approved by Poway City Council in 2004 by adopting Resolution 04-035. The MJHMP was subsequently reviewed, updated and approved in 2011 and 2017. A committee composed of staff from the same departments met in early 2022 to update the goals and objectives for the 2023 MJHMP. The County, State and FEMA have accepted the updated MJHMP. Environmental Review: This item is not subject review under the California Environmental Quality Act (CEQA). 1 of 67 May 2, 2023, Item #6 Fiscal Impact: None. Public Notification: A copy of this report was mailed to the County of San Diego Office of Emergency Services. Attachments: A. Resolution B. 2023 Multi-Jurisdictional Hazard Mitigation Plan Reviewed/Approved By: w.~1se ~ Assistant City Manager 2 of 67 Reviewed By: Alan Fenstermacher City Attorney Approved By: ~~ Chris1Haze' City Manager May 2, 2023, Item #6 RESOLUTION NO. 23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING THE REVISED 2023 MUL Tl- JURISDICTIONAL HAZARD MITIGATION PLAN WHEREAS, the San Diego region has experienced natural, technological, and human- caused disasters on many occasions in the past, resulting in property loss, loss of life, economic hardship and threats to public health and safety; WHEREAS, the majority of San Diego's 3.3 million residents live in areas subject to these disasters; WHEREAS, a Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) has been developed in collaboration with the County of San Diego and all 18 cities in the County including the City of Poway; WHEREAS, the MJHMP recommends hazard mitigation actions that can be designed and implemented to promote the continued protection of people and property affected by the natural and manmade hazards that face San Diego County; WHEREAS, public meetings were held through the County to review the MJHMP as required by law; and WHEREAS, mitigation measures have been shown to be effective in saving lives and reducing property damage caused by disasters. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The 2023 Multi-Jurisdictional Hazard Mitigation Plan (MJHMP), a copy of which is on record in the Fire Department in the City of Poway, is hereby adopted as an official plan of the City of Poway. SECTION 2: The recommended actions in the City _of Poway's section of the MJHMP will receive priority consideration for implementation dependent upon factors such as funding and resource availability. (This section intentionally left blank.) 3 of67 ATTACHMENT A May 2, 2023, Item #6 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of May, 2023 by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4of 67 May 2, 2023, Item #6 This page is intentionally left blank. 6 of67 May 2, 2023, Item #6 1. SECTION ONE: Determine the Planning Area and Resources 1.1. Planning Area: City of Poway The City of Poway is located in inland San Diego County and is approximately 20 miles from downtown San Diego. It is bordered to the north, south, and west by the City of San Diego and by unincorporated San Diego County to the east. Poway covers 39.2 square miles and serves a population of 48,841 (United State Census Bureau, 2020). The community is primarily residential; however, it also has a thriving business park, located in the southern portion of the City. The 1,500-acre South Poway Business Park is home to approximately 600 businesses with more than 19,000 employees and occupies close to 11 million square feet of building space. Poway also supports a well-developed business area, located along Poway Road and Pomerado Road. Based on March 31, 2020 Estimate Census Data (California Department of Finance), within the city limits are 16,937 housing units, of which 75% are single family dwelling units. The Poway Unified School District provides educational services to 38 public school campuses, serving 33,000 students. Twelve of these campuses are located within the City of Poway. According to the US Census Bureau (2018), median household income is $105,732 and 6.6% of the populations is below poverty level. Approximately 16.38% of the population is 65 years and over. Poway has a climate that is characterized by mild winters and warm summers. Light rain usually occurs in the spring and delivers an average of 12" annually. The annual temperatures range from an average low of 52°, an average high of 73°, and a record high of 114° (www.weather.com). 1.2. Community Rating System Requirements The Community Rating System (CRS) is a FEMA program and rewards communities that go beyond the minimum standards for floodplain management under the National Flood Insurance Program (NFIP). Communities can potentially improve their Community Rating System and lower NFIP premiums by developing a CRS Plan. The City of Poway is an active participant in the NFIP. For more information on the National Flood Insurance Program, see http://www.fema.gov/national-flood-insurance-program. 7 of67 May 2, 2023, Item #6 Community Rating Local Mitigation System (CRS) Planning Planning Steps Handbook Tasks (44 CFR Part 201) Task 1: Determine the Planning Area and Step 1. Organize Resources Task 2: Build the Planning Team 44 CFR 201 .6(c)(1) Task 3: Create an Outreach Strategy Step 2. Involve the public 44 CFR 201.6(b)(1) Task 4: Review Community Capabilities Step 3. Coordinate 44 CFR 201.6(b)(2) & (3) Step 4. Assess the hazard Task 5: Conduct a Risk Assessment 44 CFR Step 5. Assess the problem 201.6(c)(2)(i) 44 CFR 201 .6(c)(2)(ii) & (iii) Step 6. Set goals Task 6: Develop a Step 7. Review possible activities Mitigation Strategy 44 CFR 201.6(c)(3)(i) Step 8. Draft an action plan 44 CFR 201.6(c)(3)(ii) 44 CFR 201 .6(c)(3)(iii) Task 8: Review and Adopt the Plan Step 9. Adopt the plan 44 CFR 201.6(c)(5) Task 7: Keep the Plan Current Step 10. Implement, evaluate, revise Task 9: Create a Safe and Resilient Community 44 CFR 201 .6(c)(4) TABLE 1: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 1.1 DESCRIBES THE CRS REQUIREMENTS MET BY THE SAN DIEGO COUNTY MUL Tl-JURISDICTIONAL HAZARD MIT/GA TION PLAN. . . . . Any jurisdiction or special district may participate in the hazard mitigation planning process. However, to request FEMA approval, each of the local jurisdictions must meet all requirements of 44 CFR §201.6. In addition to the requirement for participation in the process, the Federal regulation specifies the following requirements for multi-jurisdictional plans: • The risk assessment must assess each jurisdiction's risk where they may vary from the risks facing the entire planning area. (44 CFR §201 .6(c)(2)(iii)) • There must be identifiable action items specific to the jurisdiction requesting FEMA approval or credit of the plan. (44 CFR §201.6(c)(3)(iv)) • Each jurisdiction requesting approval of the plan must document that is has been formally adopted. (44 CFR §201.6(c)(5)) The hazard mitigation plan must clearly list the jurisdictions that participated in the plan and are seeking plan approval. The San Diego County Multi-Jurisdictional Hazard Mitigation Plan and annexes meet all requirements. 8 of67 May 2, 2023, Item #6 2. SECTION TWO: Build the Planning Team 2.1 . Planning Participants • Bob Manis, Director of Development • David De Vries, City Planner, Development Department • Melody Rocco, City Engineer, Development Department • Austin Silva, Senior Planner, Development Department • Eric Heidemann, Director of Public Works Department • Troy De Priest, Assistant Director, Utilities Division, Public Works Department • Jessica Parks, Utilities Administrator • Will Wiley, Assistant Director, Maintenance and Operation, Public Works Department • Danielle McIntosh, Facilities and Maintenance Supervisor • Jon Canavan, Fire Chief, Fire Department • Scott Post, Interim Fire Chief, Fire Department • Susy Turnbull, Disaster Preparedness Coordinator, Fire Department • Brad Rosen, Assistant Director of Finance, Finance Department • Lawrence Brillon, IT Analyst, Finance Department • Dawn Winter, Network Administrator, Finance Department 2.2. Planning Process The Disaster Preparedness Coordinator attended the Hazard Mitigation Working Group (HMWG) meetings hosted by the San Diego County Office of Emergency Services. Internal planning meetings were first held on an individual department basis, then group meetings with every department involved. Due to COVID restrictions, the majority of these meetings were held via Microsoft Teams. All documents were uploaded in the city's SharePoint site. Departments populated their information and the Disaster Preparedness Coordinator consolidated and finalized the documents. Citywide Hazard Mitigation Actions were agreed upon by the local planning group for the final actions. The Disaster Preparedness Coordinator uploaded all documents in the County's SharePoint site for the submission process. 9 of67 May 2, 2023, Item #6 3. SECTION THREE: Create an Outreach Strategy See the San Diego County Multi-Jurisdictional Hazard Mitigation Plan's Section Three for details about the county-wide outreach strategy. 10 of67 May 2, 2023, Item #6 Transportation Plan Yes !Yes 2013 Stormwater Management Plan Yes lJurisdictional Runoff Management Plan -Yes 2019 Community Wildfire Protection Plan Yes-!The City of Poway has multiple aspects of the CWPP On-~ The Wildfire Defensible Space Program, Weed Going ~batement Program and enhanced monitoring of all new development in the Very High Fire Hazard Severitv Areas (VHFHSA). M. Real estate disclosure requirements No Other special plans (e.g., brownfields Yes Disaster Recovery Plan (2019) redevelopment, disaster recovery, Landscape Irrigation Design Manual (2017). The coastal zone management, climate Landscape Manual addresses Fire Hazards, it does change adaptation) not identify specific projects to include in the mitigation strategy. The Landscape Manual can be used to implement mitiqation actions. iThis jurisdiction can improve these capabilities by continuing to collaborate with partners and participating in/staying briefed on updates related to the Disaster Recovery Plan, the Wildfire Defensible Space Program, Weed Abatement Program, new development in VHFHSA, and the General Plan. TABLE 2: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 4.1 DATA . 12 of 67 May 2, 2023, Item #6 4.1.2. Administrative and Technical Administrative and technical capabilities include staff and their skills and tools that can be used for mitigation planning and to implement specific mitigation actions. For smaller jurisdictions without local staff resources, if there are public resources at the next higher-level government that can provide technical assistance, indicate so in your comments: Administration Yes/No Planner(s) or engineer(s) with knowledge of land development and land management practices Engineer(s) or professional(s) trained in construction practices related to buildings and/or infrastructure Planners or Engineer(s) with an understanding of natural and/or manmade hazards Mitigation Planning Committee Maintenance programs to reduce risk _(~,g., tree trimming, clearing drainage systems) Mutual aid agreements Staff Chief Building Official Floodplain Administrator 13 of 67 Yes Yes y Yes Yes Yes Yes/No FT/PT' - Describe capability Is coordination effective? Engineering staff are trained to become familiar with nd to enforce all applicable Federal, State, and Local regulations and requirements of land evelopment and land management practices. Yes. onduct inspections of private and public onstruction projects inspecting materials and orkmanship to ensure compliance with approved plans and specifications; inspect conditions prior to he start of construction, during construction, and u on com letion. Yes. Both Planers and Engineers understand various ypes of natural and man made hazards. Staff is rained to assist with hazard mitigation when/if it ccurs and appropriate mitigation measures are incor orated all develo menu construction ro·ects. Development Review Committee and Planning Review Group rees that are in the right away, drainage, parks, nd LMD's (Land Maintenance Districts) are all on a chedule to get trimmed. Drainage system is maintained annual! . Participate in the California Fire Rescue and Mutual id System, the San Diego County Operational rea Emergency Operations Plan. The California Master Mutual Aid Agreement. (Ask Will about the Public Works MA Is staffing adequate to enforce regulations? Is staff trained on hazards and mitigation? Is coordination between agencies and staff effective? es es -Part of other duties assigned to full-time position May 2, 2023, Item #6 Emergency Manager Y-FT (1) !Yes/Yes/ Yes Surveyors Yes Staffing within the City of Poway is not adequate. However, on-call consultants are relied upon for survey work. Training provided through State survey license and necessary training is reviewed upon consultant selection. Coordination is effective. Staff with education or expertise to Yes Fire and Land Use Planning assess the community's vulnerability to hazards Community Planner Yes-FT Scientists familiar with the hazards of the Yes Staffing within the City of Poway is not adequate. community However, on-call consultants are relied upon for scientific work. Necessary training is reviewed upon consultant selection. Coordination is effective. Civil Engineer 6 FT !Yes Personnel skilled in GIS and/or HAZUS Yes IT GIS Analyst Grant writers y Staff in all departments to apply for grants. Other I Yes/No I Describe capability Technical Has capability been used to assess/mitigate risk in the past? Warning systems/services Yes IAlertSanDiego for Reverse 9-1-1 -Used by City (Reverse 911 , outdoor warning signals) Wireless Emergency Alert (WEA) -Used by County Changeable Message Boards -Used by City Hazard data and information Yes Fire pre-planning and wildfire pre-planning documentation, evacuation mapping, GIS database. Grant writing Yes ~II departments have grant writers Hazus analysis Yes rrhe County Office of Emergency Services provides ~azard data and information to assess and mitigate risk. FEMA Hazus program is used to identify and mitigate risks in the area. rThis iurisdiction can improve these capabilities by continuin!:I to collaborate with oartners to 14 of 67 May 2, 2023, Item #6 The City of Poway has adopted specific plans that accommodate additional future residential and commercial units. A proposed amendment to the Housing Element identifies an inventory of sites hat can provide 1,319 new dwelling units outside of natural hazard areas. Transportation 1. Does the transportation plan limit access to hazard areas? X Sidewalks and bikeways are generally not provided in hazard areas. 2. Is transportation policy used to guide growth to safe locations? X Poway Road Specific Plan and The Farm in Poway Specific Plan were adopted to provide growth in safe urban areas. 3. Are movement systems designed to function under disaster conditions (e.g., X evacuation)? Pomerado Road is established as an alternative route to the 1-15 in the event of significant traffic. !This could also be used to direct residents during a disaster situation, however it has yet to be used for that function. No other movement systems have been established. TABLE 6: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 4.2 DA TA Comprehensive Plan (continued) Yes No Environmental Management 1. Are environmental systems that protect development from hazards identified and X mapped? High Fire Hazard Areas and Floodway/Floodplain zones have been mapped and appropriate measures to protect development are in place. There are no seismic areas of concern in Poway. 2. Do environmental policies maintain and restore protective ecosystems? X The City has adopted the Poway Subarea Habitat Conservation Plan Natural Community Conservation Plan to manage and protect sensitive habitats. 3. Do environmental policies provide incentives to development that is located outside X protective ecosystems? 18 of 67 May 2, 2023, Item #6 Development within the mitigation area is limited to 2 acres of habitat removal. Areas outside the mitigation area do not have this limit. Public Safety 1. Are the goals and policies of the comprehensive plan related to those of the FEMA X Local Hazard Mitigation Plan? rThe city is in the process of updating the Safety Element of the General Plan. The current Safety Element considers hazard areas such as Floodway/Floodplain and Wildfire areas. 2. Is safety explicitly included in the plan's growth and development policies? X ~es, there is a Public Safety Element within the City's General Plan. 3. Does the monitoring and implementation section of the plan cover safe growth X objectives? Poway Road Specific Plan and The Farm in Poway Specific Plan were adopted to provide growth in safe urban areas. TAB LE 7: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 4.2 DATA CONTINUED. Comprehensive Plan (continued) Yes No Environmental Management 1. Are environmental systems that protect development from hazards identified and X manned? High Fire Hazard Areas and Floodway/Floodplain zones have been mapped and appropriate measures to protect development are in place. There are no seismic areas of concern in Poway. 2. Do environmental policies maintain and restore protective ecosystems? X The City has adopted the Poway Subarea Habitat Conservation Plan Natural Community Conservation Plan to manage and protect sensitive habitats. 19 of 67 May 2, 2023, Item #6 3. Do environmental policies provide incentives to development that is located outside X protective ecosystems? Development within the mitigation area is limited to 2 acres of habitat removal. Areas outside the mitigation area do not have this limit. Public Safety 1. Are the goals and policies of the comprehensive plan related to those of the FEMA X Local Hazard Mitigation Plan? The City is in the process of updating the Safety Element of the General Plan. The current Safety Element considers hazard areas such as Floodway/Floodplain and Wildfire areas. 2. Is safety explicitly included in the plan's growth and development policies? X Yes, there is a Public Safety Element within the City's General Plan. 3. Does the monitoring and implementation section of the plan cover safe growth X objectives? Poway Road Specific Plan and The Farm in Poway Specific Plan were adopted to provide growth in safe urban areas. TABLE 8: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 4.2 DATA CONTINUED. Capital Improvement Program and Infrastructure Policies Yes No 1. Does the capital improvement program limit expenditures on projects that would X encourage development in areas vulnerable to natural hazards? 2. Do infrastructure policies limit extension of existing facilities and services that would X encourage development in areas vulnerable to natural hazards? 3. Does the capital improvement program provide funding for hazard mitigation X projects identified in the FEMA Mitigation Plan? 20 of67 May 2, 2023, Item #6 rrhe Capital Improvement Program does not have funding specifically for hazard mitigation r:>rojects but rather funds projects as they are identified and funding becomes available. Other 1. Do small area or corridor plans recognize the need to avoid or mitigation natural hazards? 2. Does the building code contain provisions to strengthen or elevate construction to withstand hazard forces? 3. Do economic development or redevelopment strategies include provisions for mitigation natural hazards? 4. Is there an adopted evacuation and shelter plan to deal with emergencies from natural hazards? I Yes I X X X X TABLE 9: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 4.2 DATA CONTINUED. No Questions were adapted from Godschalk, David R. Practice Safe Growth Audits, Zoning Practice, Issue Number 10, October 2009, American Planning Association. 4.3. National Flood Insurance Program (NFIP) As a participant in the National Flood Insurance Program (NFIP), a community develops capabilities for conducting flood mitigation activities. The hazard mitigation plan must describe each jurisdiction's participation in the NFIP. Participating communities must describe their continued compliance with NFIP requirements. The mitigation plan must do more than state that the community will continue to comply with the NFIP. Each jurisdiction must describe their floodplain management program and address how they will continue to comply with the NFIP requirements. The local floodplain administrator is often the primary source for this information. Jurisdictions where FEMA has issued a floodplain map but are currently not participating in the NFIP may meet this requirement by describing the reasons why the community does not participate. Plan updates must meet the same requirements and document any change in floodplain management programs. The City of Poway is an active participant in the NFIP. 21 of 67 May 2, 2023, Item #6 NFIP Topic Source of Information Comments Insurance Summary How many NFIP policies are in State NFIP ~s of 5/2/21 the community? What is the total Coordinator or FEMA :258 Policies premium and coverage? NFIP Specialist $373,157 Total Premium How many claims have been paid FEMA NFIP or i71 Paid Claims in the community? What is the Insurance Specialist 1$735,017.25 Total Paid total amount of paid claims? How 14 Substantial Damage Claims many of the claims were for substantial damaae? How many structures are Community Floodplain ~21 exposed to flood risk within the Administrator (FPA) communitv? Describe any areas of flood risk Community FPA and Not applicable with limited NFIP policy coverage FEMA Insurance Specialist Staff Resources Is the Community FPA Community FPA No, but a department staff member is certified. or NFIP Coordinator certified? Is floodplain management an Community FPA No, the Development Services Department, auxiliary function? Land Development Division administers the lfioodolain requlations. Provide an explanation of NFIP Community FPA rrhe Land Development Division within the administration services (e.g., Development Services Department administers permit review, GIS, education or !all aspects of the NFIP program except GIS. outreach, inspections, rrhis includes permitting, education and engineering capability) [Outreach, and inspections. GIS is administered lbv the IT Division of the Finance Department. What are the barriers to running an Community FPA None effective NFIP program in the community, if any? Compliance History Is the community in good State NFIP Yes standing with the NFIP? Coordinator, FEMA NFIP Specialist, communitv records Are there any outstanding No compliance issues (i.e., current violations)? When was the most recent February 26, 2014 Community Assistance Visit (CAV) or Community Assistance Contact (CAC)? Is a CAV or CAC scheduled or Scheduled for June 9, 2021 needed? TABLE 10: FEMA LOCAL MITIGA TION PLANNING HANDB OOK WORKSHEET 4.3 DA TA . 22 of67 May 2, 2023, Item #6 NFIP Topic Source of Information Comments Regulation When did the community enter the Community Status 1985 NFIP? Book http://www.fema.gov/ national-flood- insurance- program/national- flood-insurance- program- community-status- book Are the FIRMs digital or paper? Community FPA Both Do floodplain development Community FPA City of Poway floodplain development regulations meet or exceed FEMA regulations meet, and in some cases exceed, or State minimum requirements? FEMA and State minimum requirements. For If so, in what ways? example, Poway Municipal Code requires all new residential construction to be at least one 'oot above the base flood elevation (California only requires new residential construction to be at the base flood elevation.) Provide an explanation of the Community FPA, During Discretionary Review of a project, the permitting process. State, FEMA NFIP applicant is notified of the floodplain Flood Insurance !development regulations applicable to the site and project. The conditions of approval for the Manual project include condition(s) specifying the http://www.fema.gov/ requirements for development within the flood-insurance-Special Flood Hazard Area (SFHA). Prior to manual he issuance of a Grading or Building Permit for Community FPA, any work within the SFHA, a City of Poway FEMA CRS Floodplain Development Permit is required. A Coordinator, ISO ~ite plan must be submitted and is reviewed for representative conformance with the Poway Municipal Code CRS manual http:// floodplain development requirements. The . www.fema.gov/library/ floodplain Development Per_mit is not issued viewRecord.do?id=2434 until the plans are in conformance. Occupancy of any new habitable structures or additions is not granted until applicable documentation (i.e. Elevation Certificate) has been submitted and aooroved by the City. Community Rating System (CRS) Does the community participate in Community FPA, !Yes CRS? State, FEMA NFIP What is the community's CRS Flood Insurance 8 Class Ranking? Manual http://www.fema.gov/ flood-insurance- manual What categories and activities The majority of the points come from public provide CRS points and how outreach projects, open space preservation, can the class be improved? and the higher regulatory standards activities. [The community class rating could be improved by implementing more creditable activities and !documenting procedures as stated in the NFIP CRS Coordinator's Manual. 23 of 67 May 2, 2023, Item #6 Does the plan include CRS Community FPA, No planning requirements FEMA CRS Coordinator, ISO representative CRS manual http:// www.fema.gov/library/ viewRecord.do?id=2434 TABLE 11 : FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 4.3 DATA CONTINUED. 24 of67 May 2, 2023, Item #6 5. SECTION FIVE: Conduct a Risk Assessment The planning team conducts a risk assessment to determine the potential impacts of hazards to the people, economy, and built and natural environments of the community. The risk assessment provides the foundation for the rest of the mitigation planning process, which is focused on identifying and prioritizing actions to reduce risk to hazards. In addition to informing the mitigation strategy, the risk assessment also can be used to establish emergency preparedness and response priorities, for land use and comprehensive planning, and for decision making by elected officials, city and county departments, businesses, and organizations in the community. 5.1. Hazards Summary FIRE HISTORY Major portions of the town were evacuated during both the 2003 Cedar Fire and 2007 Witch Creek Fire. These two significant fires were part of historical fires in San Diego County. In recent years, local air support and mutual aid assistance has increased significantly. This has helped to prevent small vegetation fires spreading to become out of control wildland fires. How the Cedar Fire affected Poway: • Homes -53 single family homes in Poway (unknown total structures) • Acres burned in Poway -7,000 • Lives -Fifteen fatalities in the county, including one firefighter (these numbers are not limited to Poway) -• Evacuations -Information unavailable • Evacuation Centers -The American Red Cross opened numerous evacuation sites throughout the county. Most residents from the Poway area evacuated to Mira Mesa High School. Qualcomm Stadium was opened by City of San Diego staff and housed thousands of evacuees for numerous days. How the Witch Creek affected Poway: • Structures -95 structures destroyed, 90 of these were primary single-family homes. • Acres burned in Poway -7,247 • Lives -Ten fatalities in the county • Evacuations -7,000 residents of Poway (515 residents in the county) • Evacuation Centers -Poway High School was initially established as an evacuation center. This site was closed 11 hours later due to poor air quality at the High School. Five hours later, city staff opened the Poway Community Center as the main evacuation site for the area. Approximately 300 residents took refuge at the community center, which closed three days later. 25 of67 May 2, 2023, Item #6 The 1967 Fire began in Ramona on October 27, 1967 and burned over 55,00 acres of San Diego County land. During the fires 26 buildings were destroyed, including 16 homes in Poway. Schools and hundreds of people were evacuated, although no information was provided as to where they were evacuated. During this fire, 300 Poway High School students were pressed into service as firefighters when the fire threatened to surround the school. 900 firefighters fought the fires including 700 who were out of area. No lives were lost, but five firefighters were burned, and one firefighter collapsed from smoke inhalation. In addition to the buildings lost, hundreds of livestock died as a result of this fire. HAZARD IDENTIFICATION The City of Poway is exposed to several hazards and has the potential to be impacted to varying degrees from natural, technological, or man-made disasters. The City of Poway continues to work with local planning groups to determine its exposure and loss potential to identified hazards in the city. Through the hazard mitigation planning process, the City has identified wildfire/structure fire, earthquake (liquefaction and landslide), floods/dam inundation, man-made hazards (hazardous materials, plane/train crash, etc.), and extreme heat and drought as high -medium hazards for the city. After reviewing the localized hazard maps and exposure and loss tables developed during the most recent county-wide hazard mitigation analysis (2017), hazards were identified as threats to the City using the following formula [ see Table 12, page 23]: Probability of Future Events • Unlikely: Less than 1 percent probability of occurrence in the next year or a recurrence interval of greater than every 100 years. • Occasional: 1 to 10 percent probability of occurrence in the next year or a recurrence interval of 11 to 100 years. • Likely: 10 to 90 percent probability of occurrence in the next year or a recurrence interval of 1 to 10 years • Highly Likely: 90 to 100 percent probability of occurrence in the next year or a recurrence interval of less than 1 year. Overall Significance • Low: Two or more criteria fall in lower classifications, or the event has a minimal impact on the planning area. This rating is sometimes used for hazards with a minimal or unknown record of occurrences or for hazards with minimal mitigation potential. • Medium: The criteria fall mostly in the middle ranges of classifications and the event's impacts on the planning area are noticeable but not devastating. This rating is sometimes used for hazards with a high extent rating but very low probability rating. • High: The criteria consistently fall in the high classifications and the event is likely/highly likely to occur with severe strength over a significant to extensive portion of the planning area. Definitions for Classifications Location {Geographic Area Affected) • Negligible: Less than 10 percent of planning area or isolated single-point occurrences 26 of67 May 2, 2023, Item #6 • Limited: 10 to 25 percent of the planning area or limited single-point occurrences • Significant: 25 to 75 percent of planning area or frequent single-point occurrences • Extensive: 75 to 100 percent of planning area or consistent single-point occurrences Maximum Probable Extent (Magnitude/Strength based on historic events or future probability) • Weak: Limited classification on scientific scale, slow speed of onset or short duration of event, resulting in little to no damage • Moderate: Moderate classification on scientific scale, moderate speed of onset or moderate duration of event, resulting in some damage and loss of services for days • Severe: Severe classification on scientific scale, fast speed of onset or long duration of event, resulting in devastating damage and loss of services for weeks or months • Extreme: Extreme classification on scientific scale, immediate onset or extended duration of event, resulting in catastrophic damage and uninhabitable conditions o Cumulative meteorological drought and wet conditions: http://ncdc.noaa.gov/ o Earthquake intensity and effect on population and structures: http://earthquake.usgs.gov o Earthquake magnitude as a logarithmic scale, measured by a seismograph: http://earthquake.usgs.gov o Hurricane rating based on sustained wind speed: http://nhc.noaa.gov o Tornado rating based on wind speed and associated damage: http://spc.noaa.gov Hazard Scale/ Index Weak Moderate Severe Extreme Drought Palmer Drought Severity lndex3 1.99 to 2.00 to 3.00 to 4.00 and below l+1 .99 2.99 3.99 Modified Mercalli Scale4 I to IV VtoVII ~II IX to XII Earthquake Richter Magnitude5 12, 3 4, 5 p 7, 8 Hurricane Wind Saffir-Simpson Hurricane Wind 1 12 ~ 14, 5 Scale6 :Tornado Fujita :Tornado Damage Scale? F0 F1, F2 F3 F4, F5 27 of 67 May 2, 2023, Item #6 Summarize hazard description information and identify which hazards are most significant to the planning area: Location Maximum Probable Probability of Overall Hazard (Geographic Extent Area (Magnitude/Strength) Future Events Significance Affected) Ranking Avalanche Negligible Weak Unlikely Low Dam Failure Limited Moderate Occasional Medium Drought Significant Severe Likely High Earthquake Extensive Extreme Likely Medium Erosion Negligible Weak Occasional Low Expansive Soils Negligible Weak Unlikely Low Extreme Cold Negligible Weak Unlikely Low Extreme Heat Significant Moderate Likely Medium Flood Significant Moderate Likely Medium Hail Negligible Weak Unlikely Low Hurricane Negligible Weak Unlikely Low Landslide Limited Moderate Occasional Medium Lightning Limited Moderate Occasional Low Sea Level Rise Negligible Weak Unlikely Low Severe Wind Limited Moderate Likely Low Severe Winter Negligible Weak Unlikely Low Weather Storm Surge Negligible Weak Unlikely Low Subsidence Negligible Weak Unlikely Low Tornado Negligible Weak Unlikely Low Tsunami Negligible Weak Unlikely Low Wildfire Extensive Extreme Highly Likely High TABLE 12: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 5.1 DATA. 28 of67 May 2, 2023, Item #6 Identified Hazards in Poway Wildfire -High Threat Much of the area within the City of Poway's borders is considered a high fire hazard environment. Fire is part of our natural ecology, as history demonstrates that fires have burned periodically throughout the city and adjacent areas. Today, all the factors necessary to support large, intense, and uncontrollable fires remain. What is different in the City of Poway is an increased population with an increase of homes in these so called "wildland urban interface" (WUI) areas, sometimes with little regard to fire's threat. As human activity increases in these interface areas, the incident of fire activity increases as well. This has increased the risks of more and more disastrous fires causing huge losses and amplified the demands on firefighting resources. Due to the City's location, population and topography it is highly vulnerable to some (e.g. wildfire and flooding), but not all the hazards (e.g. tsunami) are likely to affect the City of Poway. Extreme Heat and Drought-High Threat Scientists forecast that average summer temperatures will be 4.8°F higher in the near future, with extreme heat events also becoming more frequent and intense in the region. These heat events present a direct hazard to residents who are at increased risked of medical complications from increased temperatures. Extreme heat events can also impact local air quality conditions through the increase of smog-forming, ground-level ozone levels and result in additional public health concerns. Additionally, these heat events can also lead to periods of prolonged drought. In 2020, California is just three-years removed from a seven-year drought. With the limited water supplies available to the region and as the demand on local water supply increases, the State of California, including the City of Poway, are never far returning to drought conditions. In addition, the city of Poway could also be impacted by hazards in neighboring cities. The City of San Diego and the unincorporated areas of the County of San Diego are bordering Poway. Their hazards almost mirror Poway's hazards and have the potential to cross boundaries and require a coordinated response between the cities. More information on the hazards of neighboring cities can also be found in the San Diego County Multi-Jurisdictional Hazard Mitigation Plan. Imminent I Actual Dam Failure -Medium Threat The Office of Emergency Services maintains the Dam Evacuation Plans for the entire Operational Area. The plans contain information about the physical situation, affected jurisdictions, evacuation routes, unique institutions and event responses. Each plan also contains: a master phone list; inundation maps showing direction of flow and inundation area boundaries; hospitals; multipurpose staging areas; command posts/sites; and mass care and shelter facilities/sites. Portions of Poway could experience flooding as a result of dam failure at Lake Poway. Poway has an established plan in the event of dam failure or spillage of water over the spillway. In the unlikely event Poway's dam fails or spills, water will flow through the Blue Sky Preserve, across the lower portion of Old Coach Road, and into Lake Hodges. 29 of 67 May 2, 2023, Item #6 Poway Dam is inspected daily, and any discharge is controlled and monitored. If the dam is determined to spill within thirty-six hours, monitoring is increased to every twelve hours. Monitoring is increased to every six hours when dam spill is expected to occur within twenty- four hours. Public notification is also issued at this time with Alert San Diego and door-to-door notification of all downstream residents. Personnel are stationed on the dam to continually monitor the spill way and surrounding area and would notify all impacted parties of imminent spill. Additional activities include evacuating the Blue Sky Ecological Reserve and suspending park ranger patrols in the Reserve, notifying affected City departments, and issue public notification as necessary. Monitoring of the dam would continue until the discharge has ended. The Department of Water Resources, Division of Safety of Dams is notified immediately in the event of a dam emergency. This is in accordance with Section 6101 of Division 3 of the California Water Code, when an unprecedented flood or usual or alarming circumstance or occurrence affecting the dam or reservoir exists. Flood/Dam Inundation -Medium Threat Local Flooding A heavy and rapid down pour of rainwater could cause localized flooding for a short period of time. Poway has several flood prone areas from tributaries feeding into the Los Penasquitos Creek drainage basin. Historically, local flooding has occurred in Poway Creek, Rattlesnake Creek, Beeler Creek, and Green Valley Creek; some events considered to meet 100-year flood conditions. Recent improvements to the storm water system and enhanced maintenance activities have significantly reduced risk. The City's purchase and removal of properties over the past decades within the floodway has also reduced risk and potential damage from flooding . Poway Creek Properties located south of Poway Creek from Sycamore Canyon Road to Cobblestone Creek_Road would likely experience limited and perhaps no access, depen_ding upon the severity of the flood event. Properties along Vista View Drive, Adah Lane, Welton Lane, Clair Drive, Golden Way, Sycamore Canyon Road, Beeler Creek Terrace and Cobblestone Creek Road, are particularly vulnerable, and could experience access problems. Rattlesnake Creek Past flood events along Rattlesnake Creek have impacted properties near Ezra Lane, Midland Road (south of Twin Peaks to Aubrey Street), Sycamore Avenue and York Avenue (south from Norwalk road to Edgemore Street). Recent property purchases, construction of Aubrey Park, and improvements to the storm water system along Community Road will improve flows and assist in reducing potential damage along Rattlesnake Creek. Beeler Creek Flooding has occurred along Beeler Creek impacting residents who take access along Old Pomerado Road . Improvements from construction of Scripps Poway Parkway and along 30 of 67 May 2, 2023, Item #6 Old Pomerado Road have reduced the risks somewhat; nonetheless, the area south of Paseo Colina on Old Pomerado Road could experience flooding impairing access. Green Valley Creek Localized flooding has occurred on Orchard Bend Road, Sagewood Drive and Martincoit Road in the past necessitating road closures on roads north of Camino Del Valle. Many of the drainages in the area are on private properties and difficult to access which can lead to very localized flooding in areas where residents fail to clear their own facilities. Old Coach Old Coach Road has been closed due to flooding at Sycamore Creek crossing just north of the intersection of Old Coach and Espola Roads. This area would also be impacted by overflows or failure of the Lake Poway Dam. An all-weather emergency access road has been provided through the Maderas/Heritage development linking the communities to High Valley Road in the event Old Coach Road is closed. Earthquake -Medium Threat A major earthquake occurring in San Diego County could impact the City of Poway and cause many casualties, extensive property damage, fires, flooding, and other ensuing hazards. The effects could be aggravated by aftershocks and by secondary effects of fire, landslides, and dam failure. The time of day and season of the year would also have a profound effect on the number of dead and injured and the amount of damage sustained. Such an earthquake could be catastrophic in its effect on the population and could exceed the response capability of the City of Poway. Damage control and disaster relief support would be required from all local governments and private organizations as well as the State and Federal governments. Extensive search and rescue operations could be required to assist trapped or injured persons. Emergency medical care, food and temporary shelter would be needed by injured or displaced persons. Identification and burial of the dead would pose difficult problems; and public health would be a major concern. Mass evacuation could be essential to save lives, part_icularly in areas below dams. Many famili~s would be separate<;!, particularly if the earthquake should occur during working hours and a personal inquiry or locator system would be imperative to maintain family support systems. Emergency operations could be seriously hampered by the loss of communications; damage to transportation routes; and by the disruption of public utilities and services. Extensive local, State and Federal assistance would be immediately required and could continue over an extended period. These recovery efforts would require activities such as: removal of debris and clearing roadways, demolishing unsafe structures, assisting in reestablishing public services and utilities, and providing continuing care and welfare for the affected population, including temporary housing for displaced persons. Man-Made Terrorism and crime can create vulnerabilities within the facilities within the City. The City of Poway is within the flight path of Marine Corps Air Station Miramar and relatively close to Lindbergh Field and Ramona Airport. The possibility of an airplane crash on take-off or approach from any of these facilities is low, but the cumulative hazard from all these facilities is significant. 31 of 67 May 2, 2023, Item #6 Critical Infrastructure in Poway Critical Facility Type Jurisdiction Name Counts EMERGENCY-Fire Poway 3 Departments EMERGENCY -Emergency Poway 2 Operations Center EMERGENCY -Sheriff Sub-Poway 1 station EMERGENCY-SCHOOLS Poway 3 (Evacuation Centers) EMERGENCY -Water Poway 1 Treatment Plant 32 of67 May 2, 2023, Item #6 6. SECTION SIX: Develop a Mitigation Strategy The mitigation strategy serves as the long-term blueprint for reducing potential losses identified in the risk assessment. The mitigation strategy describes how the community will accomplish the overall purpose, or mission, of the planning process. The mitigation strategy is made up of three main required components: mitigation goals, mitigation actions, and an action plan for implementation. These provide the framework to identify, prioritize, and implement actions to reduce risk to hazards. Mitigation goals are general guidelines that explain what the community wants to achieve with the plan They are usually broad policy-type statements that are long-term, and they represent visions for reducing or avoiding losses from the identified hazards Mitigation actions are specific projects and activities that help achieve the goals. The action plan describes how the mitigation actions will be implemented, including how those actions will be prioritized, administered, and incorporated into the community's existing planning mechanisms. In a multi-jurisdictional plan, each jurisdiction must have an action plan specific to that jurisdiction and its vulnerabilities. Although not required, some communities choose to develop objectives to help define or organize mitigation actions. Objectives are broader than specific actions, but are measurable, unlike goals. Objectives connect goals with the actual mitigation actions 6.1. Mitigation Action Evaluation Use this worksheet to help evaluate and prioritize each mitigation action being considered by the planning team. For each action, evaluate the potential benefits and/or likelihood of successful implementation for the criteria defined below. Rank each of the criteria with a -1, 0 or 1 using the following scale: • 1 = Highly effective or feasible • 0 = Neutral • -1 = Ineffective or not feasible Example Evaluation Criteria: • Life Safety -How effective will the action be at protecting lives and preventing injuries? • Property Protection -How significant will the action be at eliminating or reducing damage to structures and infrastructure? • Technical -Is the mitigation action technically feasible? Is it a long-term solution? Eliminate actions that, from a technical standpoint, will not meet the goals. • Political -Is there overall public support for the mitigation action? Is there the political will to support it? • Legal -Does the community have the authority to implement the action? 35 of67 May 2, 2023, Item #6 • Environmental -What are the potential environmental impacts of the action? Will it comply with environmental regulations? • Social -Will the proposed action adversely affect one segment of the population? Will the action disrupt established neighborhoods, break up voting districts, or cause the relocation of lower income people? • Administrative -Does the community have the personnel and administrative capabilities to implement the action and maintain it or will outside help be necessary? • Local Champion -Is there a strong advocate for the action or project among local departments and agencies that will support the action's implementation? • Other Community Objectives -Does the action advance other community objectives, such as capital improvements, economic development, environmental quality, or open space preservation? Does it support the policies of the comprehensive plan? 36 of 67 May 2, 2023, Item #6 Mitigation Action Plans and Regulations Life Safety StB'lam,11o;eJ1 Political mmt■:fu'lli•l1Jl1i:JlttJi Social Administrative Local Champion other Community Objectives Mitigation Action #1: Promote resistance to the effects of disasters upon development and infrastructure Evaluate and revise the General Plan to further promote resistance to the I 1 I 0 I 1 . I 1 I 1 I 1 I 1 I 1 I 1 I 1 :effects of disasters upon Development and infrastructure Review and update FEMA maps regarding flood risk in I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 Powa}:'. as necessa Evaluate ways to improve road access for emergency I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 ehicles in remote locations Update the Water Master Plan. Evaluate hydrants, 1creating loops, and other I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 means to improve pressure and volume where needed Upgrade and improve the use of technologies used in I he City's Emergency 0 I 0 I 1 I 1 I 1 I 0 I 1 I 1 I 1 I 0 Oeerations Centers I I I I I I I I I I Total Score 4 3 5 5 5 4 5 5 5 4 37 of67 I I I I I I Total Score 9 10 10 10 6 45 May 2, 2023, Item #6 Mitigation Action Life Safety Property Protection Technical Political Legal Environmental Social Administrative Local Champion Structure and Infrastructure Projects Mitigation Action #3: Reduce the possibility of damage and losses to people, existing assets and critical facilities/infrastructure due to Wildfire Provide maps of potential ildfire areas in Poway. I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 Update fire control and evacuation plans for I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 1areas near wildland I egetation Update the existing safety plan developed by the fire I !department for the High 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 allel area. Upgrade road access, surface, and grade for fire I safety equipment at 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 identified locations. Update the Water Master Plan with particular I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 attention to fire system uegrades as needed Evaluate possible use of certain City trails as I 1 I 1 I 1 I 1 I 1 I 1 I 0 I 1 I 1 auxiliary routes in emergencl Maintain improved wildfire defensible space I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 strategies 38 of 67 I I I I I I I Other Community Objectives 1 1 1 1 1 0 1 Total Score I 10 I 10 I 10 I 10 I 10 I 8 I 10 May 2, 2023, Item #6 Perform maintenance/clearing activity to keep 1 1 1 1 1 1 0 1 1 0 8 emergency corridors accessible. Total Score 8 8 8 8 8 8 6 8 8 6 76 39 of67 May 2, 2023, Item #6 6.2. Mitigation Action Implementation A mitigation action is a specific action, project, activity, or process taken to reduce or eliminate long-term risk to people and property from hazards and their impacts. Implementing mitigation actions helps achieve the plan's mission and goals. The actions to reduce vulnerability to threats and hazards form the core of the plan and are a key outcome of the planning process. This annex details the following mitigation action implementations: Jurisdiction: City of Poway Mitigation Action/Project Mitigation Action #1 Promote resistance to the effects of disasters upon Title: development and infrastructure Hazards Addressed Wildfires, Drought, Floods, Earthquakes, Dam Failure, Extreme Heat and Landslide. Background/Issue: The City of Poway has the desire to maintain a commitment to hazard mitigation activities and documentation to best serve the community. Ideas for Integration: • The General Plan / Safety Element is updated every 8-years. Mitigation Actions from the Hazard Mitigation Plan are included in the updated Safety Element to reflect the priorities. • The Development Review Committee (DRC) meets every Monday morning to review all plans for new and ongoing construction in the city. The Development Services Department, Fire Department, Public Works and GIS participate in this weekly meeting. All plans are reviewed to ensure Municipal Codes and safety issues are followed before issuing permits, and while building occurs. • The GIS Department provides maps of the Very High Fire Hazard Zones and FEMA's 100-and 500-year flood plain maps. These maps are review the by Development Service Department and Fire Department for all new construction in the city. • The Public Works Department reviews all plans to ensure there will be adequate water supply to meet the needs of the fire department in the event of a wildfire or other emen:Iencies. Mitigation Actions ifhese actions will be integrated into existing city plans, such as the General Plan, written policies, City of Poway Municipal Codes and ordinances and the Poway Dam Emergency Action Plan. The GIS Department will regularly update the mapping system to reflect flood zones and Very High Fire Hazard Zones. Department Directors meet on a regular basis to review needs ofthe City. At hese meetings, CIP projects are reviewed and prioritized, and all overarching needs/mitigation actions of the city are reviewed and prioritized. 44 of67 May 2, 2023, Item #6 Responsible Agency: h"he Development Services Department oversees the updating of the General Plan. The Fire Department services on the committee for the update to ensure integration with the Hazard Mitigation Plan. The GIS Department works with the Development Services Department and Fire Department to provide adequate mapping to ensure safety for our residents. h"he Public Works Department collaborates with the Development Services Department and Fire Department to ensure adequate coverage and available of iwater resources needed to serve the public both dav-to-dav and in emergencies. Partners: frhe City collaborates with the San Diego County Office of Emergency Services, California Offices of Emergency Services and FEMA. Consultants are hired on an as needed basis to do research and write plans to !Provide inteqration, consistence, and follow current citv, state and national laws. Potential Funding: For more information on potential funding sources and grants, please see the County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section ~.2. Cost Estimate: Undetermined Benefits: (Losses Keeping Poway's plans compliant and strengthening resources in the community Avoided) ~o better mitigate disasters. Timeline: Ongoing Priority: Medium Worksheet Completed by: Susy Turnbull/ Fire Department 45 of 67 May 2, 2023, Item #6 Wurisdiction: Mitigation Action/Project rritle: Hazards Addressed : Background/Issue: Ideas for Integration: Mitigation Actions 46 of67 City of Poway Mitigation Action #2 -Promote public understanding, support and demand !for effective hazard mitigation. !Wildfires, Drought, Floods, Earthquakes, Dam Failure, Extreme Heat and Landslide lfhe City of Poway as the desire to increase public understanding and support for ~ffective hazard mitigation planning. [The Community Emergency Response Team (CERT) and Poway Neighborhood Emergency Corps (PNEC) participate in educating the community on preparedness and mitigation planning throughout the year. Some of the events attended on a regular basis are: • Emergency Safety Fair, May • First Responder Day, July • National Night Out, August • Fire Department Open House, October • Great Shakeout, October PNEC hosts community educational/ preparedness meetings once a quarter in Poway's Council Chambers. These community meetings are open to all residents in Poway, and surrounding Poway. Topics include: • Presentation by the Fire Chief on the Wildfire Outlook and how to harden your structures and provide defensible space. • Department of Animal Services on Large Animal Evacuation and how to be prepared • Sheriff's Department on community safety, calling 9-1-1 and non- emergency calls in the event of an emergency. The City's Public Information Officer regularly posts on the City Website, Nextdoor and all social media sites on preparedness information. The Fire Chief k:Joes a video each year on establishing mitigation efforts on your property (clearing brush, vegetation management, hardening your home). tThe Ham Radio Operators for Poway Auxiliary Communications Team (PACT) meet on a weekly basis to practice emergency communications, participate in ldrills twice a year, and the Great Shakeout each October. trhese actions will be integrated into the California Wildfire Protection Plan (CWPP). Department Directors meet on a regular basis to review needs of the City. At lthese meetings, CIP projects are reviewed and prioritized, and all overarching needs/mitigation actions of the city are reviewed and prioritized. May 2, 2023, Item #6 Responsible Agency: Fire Department Partners: Poway Neighborhood Emergency Corps (PNEC), County of San Diego Office of Emergency Services, San Diego Sheriff's Department, Public Information Department and Poway Auxiliary Communication Team (PACT) Potential Funding: For more information on potential funding sources and grants, please see the County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section ~.2. Cost Estimate: Undetermined Benefits: (Losses Increasing public understanding and support for effective hazard mitigation Avoided) Timeline: Ongoing Priority: Low ~orksheet Completed by: Susy Turnbull/ Fire Department 47 of 67 May 2, 2023, Item #6 I.Jurisdiction: City of Poway Mitigation Action/Project Mitigation Action #3 -Reduce the possibility of damage and losses to tfitle: people, existing assets and critical facilities/infrastructure due to: WILDFIRES. Background/Issue: rThe City of Poway has experienced significant damage and losses due to /Wildland fire Hazards Addressed : !Wildfire Ideas for Integration: • Collaborate with the GIS Department to provide maps of the Very High Fire Hazard zone • Meet with the Development Service Department on a regular basis to review plans for new and existing building in the WUI areas. • Integrate the General Plan / Safety Element to discuss areas with limited access and egress • Review WUI projects to identify fire breaks • Collaborate with the Parks Department I Public Works department to evaluate possible use of certain City trails as auxiliary routes in emergency • Collaborate with Code Compliance to determine the need for Vegetation Management of persona property • Perform maintenance/clearing activity along public areas to keep emergency corridors accessible. • Meet with the Public Works department and review the Water Maser Plan to ensure adequate water supply in the event of an emergency. Mitigation Actions These actions will be integrated into existing city plans, such as the General Plan, written policies, City of Poway Municipal Codes and ordinances. Ttie GIS Department will regularly update the mapping system to reflect flood · 7 ones and Very High Fire Hazard Zones. Department Directors meet on a regular basis to review needs of the City. At hese meetings, CIP projects are reviewed and prioritized, and all overarching needs/mitigation actions of the city are reviewed and prioritized. Responsible Agency: GIS Fire Department Development Services Department Public Works Department Partners: CalFire, San Diego County Sheriffs Department, San Diego County Office of Emergency Services, contractors 48 of 67 May 2, 2023, Item #6 Potential Funding : For more information on potential funding sources and grants, please see the County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section 6.2. Cost Estimate: Undetermined Benefits: (Losses Reduce the possibility of damage and losses to existing assets, including people Avoided) and critical infrastructure, due to wildland fire. rnmeline: Ongoing Priority: High Worksheet Completed by: Susy Turnbull / Fire Department 49 of 67 May 2, 2023, Item #6 !Jurisdiction: Mitigation Action/Project rT"itle: Backg rou nd/lss ue: Hazards Identified: Ideas for Integration: Mitigation Actions Responsible Agency: 50 of67 City of Poway Mitigation Action #4-Reduce the possibility of damage and losses to people, existing assets and critical facilities/infrastructure due to FLOODING. The City of Poway has experienced damage and losses due to severe winter storms/flooding Flooding • Provide sand and sandbags to the public for the prevention of flooding damage or loss. • Collaborate with the Community Emergency Response Team and Poway Neighborhood Emergency Corps volunteers to staff sandbag sites in the event of an emergency. • Implement the Drainage Master Plan and, as appropriate, evaluate channel enlargement and/or detention basins to regular flow. • Remove sediment and silt from channels as needed and make structural improvements in floodways to maintain capacity. • Update Poway Dam Inundation Plan as needed. • Continue to participate in the National Flood Insurance Program and requirement to review applications for conformance with NFIP standards. • Collaborate with the Public Information Officer to communicate flooding preparedness/ prevention when anticipating rainstorms. Inform the public of sandbag sites. • Meet with the Development Services Department on a regular basis to review all plans of new buildings and improved building to ensure properties are protected from flooding. • Provide maps to the community to educate on the FEMA 100 and 500 flood maps. • Clear creek beds of debris and vegetation growth to mitigate flooding during rainstorms. • Improve the integrity of creeks/canals to prevent flooding and debris buildup in rainstorms. rThese actions will be integrated into existing city plans, such as the General Plan, written policies, City of Poway Municipal Codes and ordinances and the Poway Dam Emergency Action Plan. rThe GIS Department will regularly update the mapping system to reflect flood izones and Dam Inundation. Department Directors meet on a regular basis to review needs of the City. At lthese meetings, CIP projects are reviewed and prioritized, and all overarching needs/mitigation actions of the city are reviewed and prioritized. Public Works Department Fire Department Development Services Department May 2, 2023, Item #6 Partners: Contractors, consultants, FEMA, Regulatory Agencies (Army Corps of Engineers, Department of Fish and Wildlife, Regional Water Quality Control Board Potential Funding: For more information on potential funding sources and grants, please see the County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section ~.2. Cost Estimate: Undetermined Benefits: (Losses Reduce the possibility of damage and losses to existing assets, including people ~voided) and critical infrastructure, due to severe winter storms/flooding Timeline: Ongoing Priority: High /Worksheet Completed by: Susy Turnbull/ Fire Department 51 of 67 May 2, 2023, Item #6 Uurisdiction: Mitigation Action/Project lfitle: Background/Issue: Hazard Identified: Ideas for Integration: Mitigation Actions Responsible Agency: Partners: Potential Funding: 52 of67 City of Poway Mitigation Action #5-Reduce the possibility of damage and losses to people, existing assets and critical facilities/infrastructure due to: GEOLOGICAL HAZARDS (Landslide, rockslide, earthquake). lfhe City of Poway is at risk for damage and losses due to landslide, rockslide and earthquake. Landslides, rockslide, earthquake, Dam Failure • Perform annual maintenance of Poway Grade • Continue program to improve and/ or retrofit water distribution system and wastewater system to reduce and impact of earthquakes. This includes: o Installation of seismic valves at critical water storage tanks o Creating a safe drainage corridor in the event of a tank failure. • Provide specialized training to staff for disaster recovery responsibilities • Collaborate with the Development Services Department to ensure all new building and improvements follow City, County and State codes to withstand the impact of an earthquake. • Regularly review the Poway Dam Emergency Action Plan and update as needed o Do an annual call down of emergency contacts to ensure correct contact information o Collaborate with the Development Services Department to review new building plans in the Dam Inundation areas o Update contact information of residents/commercial buildings in the Dam Inundation area and ensure correct contact information is in the AlertSanDiego / WEA system rThese actions will be integrated into existing city plans, such as the General Plan, written policies, City of Poway Municipal Codes and ordinances and the Poway Dam Emergency Action Plan. rThe GIS Department will regularly update the mapping system to reflect flood zones, Very High Fire Hazard Zones and Dam Inundation. · Department Directors meet on a regular basis to review needs of he City. At these meetings, CIP projects are reviewed and prioritized, and all overarching needs/mitigation actions of the city are reviewed and prioritized. Public Works Fire Department Development Services Department FEMA, California Specialized Training Institute (CSTI), County Office of Emergency Services, City of San Diego Office of Emergency Services For more information on potential funding sources and grants, please see the County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section 6.2. May 2, 2023, Item #6 Cost Estimate: Undermined Benefits: (Losses Reducing the possibility of damage and losses to existing assets, including \Avoided) people and critical infrastructure, due to landslide, rockslide and earthquake. rrimeline: Ongoing Priority: Medium Worksheet Completed by: Susy Turnbull/ Fire Department 53 of 67 May 2, 2023, Item #6 Jurisdiction: City of Poway Mitigation Action/Project Mitigation Action #6 -Reduce the possibility of damage and losses to ifitle: ~xisting assets, particularly people, critical facilities/infrastructure, and city owned ~acilities due to severe weather, including extreme heat and drought. Background/Issue: rT°he City of Poway has the potential to experience damage and losses due to the ~ffects of extreme heat and drought. Hazard Identified Drought, Earthquake, Erosion, Expansive Soils, Extreme Heat, Landslide Ideas for Integration: • Maximize the efficient use of water resources in order to improve the community's resilience to long term drought and extreme heat conditions. 0 Develop/ update Drought Response Plan in conjunction with the San Diego County Water Authority. 0 Continue to participate in the National Weather Service StormReady Program. • Educate the community about drought, its potential impacts and individual mitigation techniques that they can engage in to help drought or reduce the impact of drought. 0 Encourage residents to adopt drought tolerant landscaping or xeriscape practices. 0 Promote water conservation as a strategy to mitigate future drought conditions Mitigation Action rT°hese actions will be integrated into existing city plans, such as the General Plan, written policies, City of Poway Municipal Codes and ordinances. [The GIS Department will regularly update the mapping system to reflect flood tzones and Very High Fire Hazard Zones. Department Directors meet on· a regular basis to review needs of ~he City. At these meetings, CIP projects are reviewed and prioritized, and all overarching needs/mitigation actions of the city are reviewed and prioritized. Responsible Agency: Public Works Department Fire Department City Manager's Office (PIO) Partners: National Weather Service, National Oceanic and Atmospheric Administration (NOAA), San Diego County Office of Emergency Services Potential Funding: For more information on potential funding sources and grants, please see the County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section 6.2. Cost Estimate: Undetermined 54 of67 May 2, 2023, Item #6 Benefits: (Losses Reducing the possibility of damage and losses to existing assets, including ~voided) people and critical infrastructure, due to effects of extreme heat and drought. rTimeline: Ongoing Priority: Medium Worksheet Completed by: Susy Turnbull/ Fire Department 55 of67 May 2, 2023, Item #6 7. SECTION SEVEN: Keep the Plan Current Hazard Mitigation Plan maintenance is the process the planning team establishes to track the plan's implementation progress and to inform the plan update. The plan must include a description of the method and schedule for monitoring, evaluating, and updating it within a 5-year cycle. These procedures help to: • Ensure that the mitigation strategy is implemented according to the plan. • Provide the foundation for an ongoing mitigation program in your community. • Standardize long-term monitoring of hazard-related activities. • Integrate mitigation principles into community officials' daily job responsibilities and department roles. • Maintain momentum through continued engagement and accountability in the plan's progress. Hazard Mitigation Plan updates provide the opportunity to consider how well the procedures established in the previously approved plan worked and revise them as needed. This annex is part of the most recent San Diego County Multi-Jurisdictional Hazard Mitigation Plan update. The plan was last updated in 2018. See the San Diego County Multi-Jurisdictional Hazard Mitigation Plan for more information. 7.1. Mitigation Action Progress Plan monitoring means tracking the implementation of the plan over time. The plan must identify how, when, and by whom the plan will be monitored. • Revisions, as needed, were not made to the 2017 plan to update the progress. Most Mitigation Action in the 2017 plan are part of the daily tasks of departments listed in the actions and did not warrant updating the 2017 plan. • The City of Poway strives to meet a)I Government Codes and the Poway Municipal Code when developing and improving buildings to ensure safety for the residents of Poway. Revisions were not made in the 2017 plan to reflect changes in development in the city as all Government and Municipal Codes were followed and revision of this plan was not necessary. • Priorities did not change in the 2017 plan, therefore, revisions were not made. Any updates/revisions needed on an on-going basis will be identified and listed in the 2023 Plan as new Mitigation Actions. • The City of Poway work will the San Diego County Office of Emergency Services to provide guidance as the owner of the 2023 Multi-Jurisdictional Hazard Mitigation Plan for monitoring and tracking the implementation of the 2023 Plan. • The Disaster Preparedness Coordinator will monitor the implementation of the plan and work directly with the County Office of Emergency Services for updates and revisions . The County is setting up a system to review the plan on a regular basis for the next five years. 56 of67 May 2, 2023, Item #6 Progress Report Period From Date: December 2017 I To Date: March 2022 ~ction/Project Title Mitigation Action #1 -Promote resistance to the effects of disasters upon development and infrastructure. ~-The General Plan can be updated to further promote resistance to the effects of disasters upon development and infrastructure. • Evaluate and revise the General Plan policies as necessary • Review and update FEMA maps regarding flood risk in Poway as necessary • Evaluate ways to improve road access for emergency vehicles in remote locations • Update the Water Master Plan with particular attention to fire system upgrades as needed • Upgrade and improve the use of technologies used in City's Emergency Operations Center • Maintain improved wildfire defensible soace strateaies Responsible Agency Development Services Department !Contact Name Bob Manis !Contact Phone/Email 858-668-4601 bmanis@,powav.orq Project Status o Projects on schedule o Anticipated completion date: ongoing projects Summary of Project Progress for this .Report Period . 1. What was accomplished for this project during this reporting period? • Completed the update to the Housing Element of the General Plan • Started the update to the Safety Element of the General Plan. • Continue to review and update FEMA maps • Continue to implement the wildfire defensible space strategies 2. What obstacles, problems, or delays did the project encounter? • none 3. If uncompleted, is the project still relevant? Should the project be changed or revised? • These are ongoing items and will be included in the 2023 Plan. 4. Other comments: 57 of 67 May 2, 2023, Item #6 Progress Report Period From Date: December 2017 I To Date: March 2022 ~ction/Project Title Mitigation Action #2 -Promote public understanding, support and demand for effective hazard mitigation. A. Educate the public to increase their awareness of hazards and ways to mitigate damage. • Conduct annual NIMS/SEMS/ICS review and training for appropriate City staff and the City Council • Provide public education and outreach activities regarding disaster preparedness • Maintain CERT program • Partner with regional organizations focused on improved disaster preparedness. Continue to target disaster preparedness training to AFN populations (seniors and the disabled community) in the county. Responsible Agency Fire Department K;ontact Name Susy Turnbull Contact Phone/Email 858-668-44 7 4 sturnbull@12owa~.org Project Status o Project on schedule o Anticipated completion date: This is an ongoing project Summary of Project Progress for this Report Period 1. What was accomplished for this project during this reporting period? • New staff members are instructed to take NIMS/ICS training. • Disaster Preparedness Coordinator facilitated numerous outreach activities to educate the public on disaster preparedness • CERT academies where held each year for new CERT members. Quarterly training provided for current CERT members. 58 of 67 May 2, 2023, Item #6 • CERT partnered with Poway Neighborhood Emergency Corps (PNEC) to provide preparedness & response training to all aspects of the community. 2. What obstacles, problems, or delays did the project encounter? • COVID affected the ability for almost two years to engage with the public face-to-face, however, adaptations were made to provide training with drive-thru and zoom events. 3. If uncompleted, is the project still relevant? Should the project be changed or revised? • This project is ongoing and relevant as a mitigation action and was rewritten into Mitigation Action# 2 for the 2023 MJHP update. 4. Other comments 59 of67 May 2, 2023, Item #6 Progress Report Period !Action/Project Title Responsible Agency :Contact Name K;ontact Phone/Email 60 of67 From Date: December 2017 I To Date: March 2022 Mitigation Action #3 -Reduce the possibility of damage and losses to people, new and existing assets, and critical facilities/infrastructure due to: !wildfires, flooding, geological hazards (landslide, rockslide, earthquake), and manmade hazards. IA. Plan and prepare for damage and loss to wildfire. • Update maps of potential wildfire areas in Poway • Update fire control and evacuation plans for areas near wildland vegetation • Update the existing safety plan developed by Safety Services for the High Valley area, including a third road into and out of the area • Upgrade road access, surface, and grade for fire safety equipment at identified locations • Update the Water Master Plan. Evaluate adding hydrants, creating loops, and other means to improve pressure and volume where needed. • Evaluate possible use of City trails as auxiliary routes in an emergency. B. Plan and prepare for damage and loss to flooding. • Provide sand and sandbags to the public for the prevention of flooding damage or loss • Implement the Drainage Master Plan and, as appropriate, evaluate channel enlargement and/or detention basins to regulate flow • Remove sediment and silt from channels as needed, and make structural improvements in floodways to increase capacity • Update Poway Dam Inundation Plan as needed • Continue to participate in the National Flood Insurance Program and requirement to review applications for conformance with NFIP standards C. Plan and prepare for damage and loss to geological hazards (landslide, rockslide, earthquake). • Develop and action plan to mitigate possible damage from landslide or rockslide on Poway Grade and Pomerado Road • Continue program to improve and/or retrofit water distribution system and wastewater system to reduce the impact of earthquakes. This includes installation of seismic valves at critical water storage tanks and creating a safe drainage corridor in the event a tank fails. • Provide specialized training to staff for disaster recovery responsibilities. Fire Department Development Services Department Public Works Department Jeff Chumbley Bob Manis Eric Heidemann 858-668-4461 I jchumbley@poway.org 858-668-4601/ bmanis@poway.org 858-668-4716 I eheidemann@oowav.ora May 2, 2023, Item #6 Project Status o Projects on schedule o Anticipated completion date: These are ongoing projects Summary of Project Progress for this Report Period 1. What was accomplished for this project during this reporting period? A. Wildfire: • Updated Mutual Threat Zone maps with CalFire and surrounding jurisdictions. • Continued to enhance defensible space requirements related to new development in VHFHSA. • Developing a defensible space inspection program in adherence to AB 38. • Continuing vegetation management for properties enrolled in the city's weed abatement program and wildfire defensible space program. B. Flooding: • Poway Dam inundation plan was updated and approved. • Continue to participate in the NFIP and maintain a Class 8 in the CRS program. • Continue to implement the drainage master plan. C. Geological: • Continue to improve the water distribution system to reduce the impact of potential earthquakes by evaluating structural components for seismic safety of water storage tanks. 2. What obstacles, problems, or delays did the project encounter? A. Wildfire: • Staffing, budget constraints, conflicts with resource agency regulations. • Clearing issues involving multiple properties • Cost prohibitive for property owners to clear defensible space. B. Flooding: • Community compliance 61 of 67 May 2, 2023, Item #6 C. Geological: • None 3. If uncompleted, is the project still relevant? Should the project be changed or revised? • These are ongoing projects 4 . Other comments 62 of67 May 2, 2023, Item #6 Progress Report Period From Date: December 2017 I To Date: March 2022 Action/Project Title Mitigation Action #4: Reduce the possibility of damage and losses to ~xisting assets, particularly people, critical facilities / infrastructure, and city pwned facilities due to severe weather, including extreme heat and drought. Responsible Agency tontact Name Contact Phone/Email Project Status 63 of 67 ~-Maximize the efficient use of water resources in order to improve the ~ommunity's resiliency to long term drought and extreme heat conditions. • Develop/update Drought Response Plan in conjunction with the San Diego County Water Authority • Continue to participate in the National Weather Service StormReady Program B. Educate the community about drought, its potential impacts and individual mitigation techniques that they can engage in to help prevent drought or reduce he impact of drought. • Encourage residents to adopt drought tolerant landscaping or xeriscape practices • Promote water conservation as a strategy to mitigate future drought conditions and include criteria for drought related mitigation actions. Public Works, Utilities (Jessica) Development Services Department Fire Department, Disaster Preparedness City Manager's Office (PIO) Jessica Parks Melody Rocco Susy Turnbull Rene Carmichael 858-668-4703 I jparks@poway.org 858-668-4653 I mrocco@poway.org 858-668-4474 I sturnbull@poway.org 858-668-4506 I rcarmichael@poway.org o Project completed (# A) o Anticipated completion date: Project ongoing (# B) May 2, 2023, Item #6 Summary of Project Progress for this Report Period 1. What was accomplished for this project during this reporting period? A. Poway's Water Shortage Contingency Plan was adopted by the City Council in June 2021. This plan addresses water supply contingency planning and drought planning for Poway along with establishing water management requirements necessary to conserve water, enable effective water supply planning , and ensure reasonable and beneficial use of water. This plan correlates with both the State of California's drought contingency plan and the San Diego County Water Authority's water shortage contingency plan. B. The Public Information Officer (PIO) provides multiple social media posts regarding the drought and water conservation. The Disaster Preparedness Coordinator holds community meetings and attends public fairs and events educating the community on the drought and steps homeowners can take to minimize the drought. 2. What obstacles, problems, or delays did the project encounter? • None 3. If uncompleted, is the project still relevant? Should the project be changed or revised? Item 4 (B) is ongoing and relevant as a mitigation action and was rewritten into Mitigation Action# 6 of the 2023 MJHMP update. 4. Other comments 64 of 67 May 2, 2023, Item #6 Has NFIP participation changed in No changes, this is ongoing. The City is an active the participating jurisdictions? participant in the NFIP. Has a natural and/or !Yes, COVID-19, the worldwide pandemic affected the technical or human-caused community of Poway. disaster occurred? Should the list of hazards lA.II hazards listed in this plan have been address and addressed in the plan be Mitigation Actions have been modified for the 2023 plan to modified? address the need. Are there new data sources The city maintains and updates the GIS database in an and/or additional maps and ongoing basis. Maps addressing the Very High Fire Hazard Risk studies available? If so, what are Zone, FEMA Flood Maps and Seismic Faults are reviewed they and what have they on a regular basis. These risks have not changed, Assessment revealed? Should the ~herefore, the maps have not changed. information be incorporated into future olan uodates? Do any new critical facilities or tThere is no new Critical Infrastructure added to the City of infrastructure need to be added Poway in the past 5 years. to the asset lists? Have any changes in !Commercial Development has occurred along Poway development trends occurred Road, called the Poway Road Corridor Project. Some that could create additional housing development has occurred in the City in the past 5 risks? 1Years. Before any new buildings or tenant improvements !are made, all plans are reviewed by the Development Review Committee (DRC). The DRS consists of the Building and Engineer Department, the Fire Department I Fire Prevention, Public Works Water Department and the Sheriffs Department. Plans will not be approved unless hey meet the strict Poway Municipal Codes (PMC) for the !City, the County Codes, State Codes and all Government Regulations. Overall, vulnerability has not increased due to strict building codes and continued capabilities of the fire kleoartment. Are there repetitive losses lA.ccording to the 2022 FEMA Repetitive Loss Summary and/or severe repetitive losses Report, the City of Poway has 9 Repetitive Loss properties, to document? and 2 Severe Repetitive Loss properties. TAB LE 14: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 7.2 DA TA. 7.3 Implementation Once the Multi-Jurisdictional Hazard Mitigation Plan is adopted by the San Diego County Board of Supervisors, the Local Planning Committee will present the Poway's Annex to the City Council for approval. This will be an item on the consent calendar. Once adopted by City Council, documentation in implementation of these Mitigation Actions will formally begin. These mitigation actions will be integrated into the General Plan, the Emergency Operations Plan, the Emergency Action Plan for Poway Dam, and the California Wildfire Prevention Plan (CWPP). There was little change in the population of Poway in the past 10 years. In 2010, the census was 47,811 . In 2020, the census of Poway was 48,421. This minor increase had little to no effect on the vulnerabilities in the jurisdiction. 66 of 67 May 2, 2023, Item #6 Leadership from the Development Service team, Fire Department, GIS, and Law Enforcement meet on a regular basis to review all new plans submitted to the city, and all tenant improvements submitted. Each department carefully reviews all plans and must approve before moving forward. 67 of67 May 2, 2023, Item #6 FOURTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT THIS FOURTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT ("Fourth Amendment") is made and entered into effective the 1st day of May, 2023, by and between the City of Poway, a municipal corporation ("City"), and Chris Hazeltine, an individual ("City Manager"). RECITALS 1. City and City Manager entered into that certain "CITY MANAGER EMPLOYMENT AGREEMENT," dated April 2, 2019 and effective May 6, 2019 (the "Agreement"), by which City and the City Manager established the terms, conditions, compensation and other benefits for the City Manager's employment by the City. 2. City and City Manager entered into that certain First Amendment to the Agreement ("First Amendment"), effective December 3, 2019, that certain Second Amendment to the Agreement ("Second Amendment"), effective March 16, 2021, and that certain Third Amendment to the Agreement ("Third Amendment"}, effective March 15, 2022. 3. The Agreement requires the City Council to conduct a yearly evaluation of the City Manager's performance, where it may consider adjustments to the Agreement. 4. On April 4, 2023, the City Council conducted the performance evaluation contemplated by the Agreement, wherein the City Council determined that the City Manager has exceeded the City Council's expectations. 5. The City Council and City Manager desire to enter into this Fourth Amendment to reflect the City Manager's positive performance, effective retroactively to May 1, 2023. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Section 1. Section 4(A)(1 )(a) is hereby replaced in its entirety to read as follows: The annual base salary for the position of City Manager shall be $292,374. This salary will be increased at the same time and amount as that of other Poway management employees in the Management/Confidential Group 1. Section 2. Except as otherwise amended by this Fourth Amendment, all other terms and conditions of the Agreement, as amended, shall remain in full force and effect. [Signatures on Following Page] 1 3 of 21 Attachment A May 2, 2023, Item #7 IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed the day and year first above written. CITY OF POWAY CITY MANAGER By _____________ _ By _____________ _ Steve Vaus, Mayor Chris Hazeltine ATTEST: Carrie Gallagher, City Clerk APPROVED AS TO FORM: Alan Fenstermacher, City Attorney 2 4 of 21 May 2, 2023, Item #7 CITY MANAGER EMPLOYMENT AGREEMENT Between the City of Poway, a Municipal Corporation, and Christopher Hazeltine 1. Parties and Date This Agreement is dated April 2, 2019, and is effective as of May 6, 2019, by and between the City of Poway, California, a municipal corporation (the "City"), and Christopher Hazeltine, an individual (the "City Manager"). A. The City requires the services of a City Manager. B. The City Manager has the necessary education, experience, skills and expertise to serve as the City's City Manager; C. The City Council of the City (the "City Council") desires to employ the City Manager to serve as the City Manager of City; D. The Parties desire to execute this Agreement pursuant to the authority of and subject to the provisions of Government Code Section 53260 et seq.; and E. In consideration of these Recitals and the performance by the Parties of the promises, covenants, and conditions herein contained, the Parties agree as provided in this Agreement. 2. Employment The City hereby employs the City Manager as its City Manager, and the City Manager hereby accepts such employment. 3. Commitments and Understandings A. The City Manager's Commitments (1) Duties & Authority (a) The City Manager shall be the Chief Executive Officer of the City and be responsible to the City Council for the proper administration of all affairs of the City. (b) The City Manager shall perform all of the duties of the City Manager as set forth in Section 2.08.070 of the Poway Municipal Code (the "Municipal Code"), the California Government Code, and City policies and procedures approved by the City Council, as may be provided from time to time. (c) The City Council has designated and may also designate the City Manager as the chief executive of other City-related legal entities. Such other legal entities include the Poway Housing Authority; the City in its capacity of successor agency to the former 5 of 21 Attachment B May 2, 2023, Item #7 Redevelopment Agency of the City of Poway; the City's financing authority; and its joint powers authorities. (d) To accomplish this, the City Manager shall have the power and be required to: (i) Attend all meetings of the City Council, unless excused by the Mayor, and take part in the discussion of all matters before the City Council. (ii) Review all agenda documents before preparing the agenda for any regular or special meetings of the City Council. (iii) Direct the work of all appointive City officers and departments that are the concern and responsibility of the City Council, except those that are directly appointed by or report directly to the City Council. The City Manager may undertake any study or investigation that is necessary or desirable, or as directed by the City Council. The City Manager shall endeavor to implement changes that the City Manager believes will result in greater efficiency, economy, or improved public service in the administration of City affairs. (iv) Recommend to the City Council adoption of such measures as the City Manager may deem necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services. (v) Consolidate or combine offices, positions, departments, or units under the City Manager's jurisdiction. The City Manager may be the head of one or more City departments. (vi) Conduct research in administrative practices in order to bring about greater efficiency and economy in City government and develop and recommend to the City Council long-range plans to improve City operations and prepare for future City growth and development. (vii) Provide management training and develop leadership qualities among department heads and staff as necessary to build a City management team that can plan for and meet future challenges. (viii) Exercise control of City government in emergencies as authorized by the Municipal Code and California law. (2) Hours of Work (a) The City Manager is an exempt employee without set hours of work but is expected to be available at all times and to engage in those hours of work that are necessary to fulfill the obligations of the City Manager's position. (b) The City Manager shall spend sufficient hours on site to perform the City Manager's duties; however, the City Manager has discretion over the City Manager's work schedule and work location. 2 6 of21 May 2, 2023, Item #7 (3) Disability or inability to perfonn In the event the City Manager becomes mentally or physically incapable of performing the City Manager's functions and duties with reasonable accommodation, the City Council may apply for disability retirement of the City Manager, pursuant to California Government Code section 21153 and any other applicable provisions oflaw. B. City Commitments (1) The City shall provide the City Manager with the compensation, incentives and benefits, specified elsewhere in this Agreement. (2) The City shall provide the City Manager with office space, staff, equipment, supplies, automobHe allowance, and all other facilities and services adequate for the perfonnance of the City Manager's duties. (3) The City shall pay for or provide the City Manager reimbursement for all actual business expenses. The City shall provide the City Manager a credit card to charge appropriate and lawful business expenses. (4) The City agrees to pay the professional dues and subscriptions on behalf of the City Manager for participation in national, regional, state, or local associations and organizations, as necessary and desirable for the good of the City, and for the City Manager's continued professional participation and advancement. (5) The City agrees to pay the travel and subsistence expenses of the City Manager for purposes such as official functions, meetings, occasions, short courses, institutes and seminars that are necessary for the good of the City or for the professional development of the City Manager. (6) by City policy. The City shall provide a monthly cell phone allowance of $75 as established C. City Council Commitments ( l) The City Council sets policy for the governance and administration of the City, and it implements its policies through the City Manager. (2) Except for the purpose of inquiry, the City Council and its members shall deal with all subordinate City employees, officers, contractors, and consultants solely through the City Manager or the City Manager's designee, and neither the City Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately. (3) The City Council agrees none of its individual members will order the appointment or removal of any person to any office or employment under the supervision and control of the City Manager. 3 7 of21 May 2, 2023, Item #7 ( 4) The City Council agrees that any criticism of a City staff member shall be done privately through the City Manager. (5) Neither the City Council nor any of its members shall interfere with the execution of the powers and duties of the City Manager. The City Manager shall take orders and instructions from the City Council only when it is sitting as a body in a lawfully held meeting. D. Mutual Commitments (I) Performance Evaluation (a) The City Council recognizes that for the City Manager to respond to its needs and to grow in the performance of the City Manager's job, the City Manager needs to know how the City Council members evaluate the City Manager's performance. To assure that the City Manager gets this feedback, the City Council shall conduct an evaluation of the City Manager's perfonnance after 6 months of employment and then annually thereafter within 45 days of the anniversary date of the City Manager's employment, and/or when it deems necessary to discuss any concerns or direction in performance. At the time of evaluation, the City Council may consider performance-based salary adjustments. (b) The City Council and City Manager shall jointly define goals and performance objectives which they deem necessary for the proper operation of the City in the attainment of the City Council's policy objectives and shall establish the relative priority among the various goals and objectives. (2) ICMA Code of Ethics (a) The Parties acknowledge that the City Manager is committed to the ideals of the International City/County Management Association ("ICMA"). The Parties mutually desire that the City Manager be subject to and comply with the ICMA Code of Ethics. (b) The City Manager commits to comply with the ICMA Code of Ethics. (c) The City and the City Council agree that neither the City Council nor any of its members will give the City Manager any order, direction, or request that would require the City Manager to violate the ICMA Code of Ethics. 4. COMPENSATION The City agrees to provide the following compensation to the City Manager during the term of the agreement: 4 8 of21 May 2, 2023, Item #7 A. Compensation & Required Employer Costs ( 1) Base Salary (a) The annual base salary for the position of City Manager shall be $230,000. Commencing November 7, 2019, this salary will be increased at the same time and amount as that of other Poway management employees in the Management/Confidential Group I. The salary of the City Manager shall be at a similar market position as Poway department directors and other management staff. (b) The City Manager shall be paid at the same intervals and in the same manner as regular City employees; in the event that there are more than twenty-six pay periods in a calendar year the periodic payments shall be adjusted accordingly so that the salary shall not exceed any amount approved by the City Council. (c) The City shall not at any time during the term of this Agreement reduce the base salary, compensation or other financial benefits of the City Manager, unless as part of a general City management salary reduction, and then in no greater percentage than the average reduction of all City department heads. (2) Required Employer Costs (a) Federal Insurance Contributions Act (FICA) (if applicable), including Medicare. (b) Unemployment Compensation. ( c) Public Employees Retirement System (PERS) The City contracts with the California Public Employees' Retirement System for retirement benefits. The City will pay the City's share, and the City Manager shall pay the employee's share (e.g., 7%), for participation in PERS as a Tier 2 classic member. ( d) The cost of any fidelity or other bonds required by law for the City Manager. ( e) The cost to defend and indemnify the City Manager as provided in Section 7(F) below. (f) Workers' Compensation. B. Basic Benefits (1) Holidays The City Manager is entitled to those paid holidays in accordance with the provisions of the Salary and Benefit Plan for the Management Confidential Group 1. 5 9 of 21 May 2, 2023, Item #7 (2) Leave Allowance The City Manager shall receive the same vacation, executive and sick leave accrual and benefits as provided to the Group 1 Management class of City employees, based on tenure commencing with an accrual rate of 199 .21 vacation hours per year, up to a maximum of 200% of one year's eligibility, commensurate with his years of service in local government. The City Manager shall be paid for any unused accrued vacation upon either voluntary or involuntary tennination of employment. Upon the effective date of this agreement, the City Manager shall be granted a vacation balance of 40 hours. (3) Automobile The City Manager shall be provided a monthly automobile allowance of $633.33 ($7,600 annually) in exchange for making a vehicle available for the City Manager's own use and for City- related business and/or functions during, before and after nonnal work hours. The City Manager is not precluded from using City vehicles for City business during, before, and after the normal workday on occasion, when appropriate. (4) Benefits that Accrue to Other Employees The City Manager shall be entitled to all benefits, rights, and privileges accorded to non- public safety City Department Directors except as otherwise provided in this Agreement. If there is any conflict between this Agreement and any resolution fixing compensation and benefits for non--public safety City Executive Management employees or other non--classified employees, this Agreement shall control. 5. SECURITY A. Pensions ( 1) Public Employees Retirement System (PERS) For the purposes of PERS reporting, the City shall incorporate into the reported base pay as compensation earnable, but only to the extent, if any, that PERS will consider it to be compensation eamable, the Section 4.A(l) base pay. City Manager is a Tier 2 classic member of CalPERS ("PERS"), and as such, City Manager is obligated to contribute to PERS at the same level as all other classic PERS members in the City's Management/Confidential Group 1, which is currently 8% of base salary. (2) Pre-Retirement Optional Settlement 2W Death Benefit This benefit will be provided by the City. 6 10 of 21 May 2, 2023, Item #7 (3) Deferred Compensation (a) Section 457 Plan The City will make, in equal proportionate amounts each pay period, a pro-rated total annual contribution of $20,000 into a qualified Section 457 Plan from one of the City approved plans as selected by the City Manager, $19,000 of which shall be pursuant to the generally applicable annual limit, and the remaining $1,000 as an age 50 or older "catch up" contribution. Amounts contributed under this section shall be to the benefit of the City Manager in accordance with the Deferred Compensation Plan participation agreement. (b) Internal Revenue Code Compliance All provisions of this Section 5(A) are subject to the provisions and limitations of the Internal Revenue Code and its related regulations as amended from time to time. No requirement of any provision of this Section 5(A) shall be effective if it would violate any provision of the Internal Revenue Code or its related regulations. B. Insurance (1) Disability Insurance Short and Long-Term Insurance is provided. 6. SEPARATION A. Resignation/Retirement The City Manager may resign at any time and agrees to give the City at least 45 days' advance written notice of the effective date of the City Manager's resignation, unless the Parties otherwise agree in writing. If the City Manager retires from full time public service with the City, the City Manager may provide six months' advance notice. The City Manager's actual retirement date will be mutually established. B. Termination & Removal (1) Manager is an at-will employee serving at the pleasure of the City Council as provided in Government Code Section 36506. (2) The City Council may remove the City Manager at any time, either with or without cause, by a majority vote of its members at a noticed and conducted meeting of the City Council. Notice of termination shall be provided to the City Manager in writing. The City Council may also elect not to renew this Agreement. Notice of nonrenewal shall also be provided to the City Manager in writing. The City Council understands that termination or nonrenewal of employment without cause could result in an adverse financial impact not completely mitigated by any severance compensation as provided in this Agreement. Therefore, the City Council agrees that if termination or nonrenewal is made without cause it shall provide not less than 180 days' notice of termination or nonrenewal to the City Manager. If the City Manager resigns after 7 11 of 21 May 2, 2023, Item #7 receiving notice of termination, the resignation shall be considered "involuntary" as described in Section 6(0) of this Agreement. Termination as used in this section shall also include a request that the City Manager resign, a reduction in salary or other financial benefits of the City Manager (excluding a general City Management salary reduction), a material reduction in the powers and authority of the City Manager, or the elimination of the City Manager's position. Any such notice of termination or act constituting termination shall be given at or effectuated at a duly noticed and conducted meeting of the City Council. (3) As provided in Municipal Code Section 2.08.090, the City Manager shall not be terminated during the 90-day period following any City election for membership on the City Council. C. Severance Pay (1) In the event the City Manager is terminated by the City Council during such time that the City Manager is willing and able to perform the City Manager's duties under this Agreement, and the City Manager signs, deliyers to the City Council and does not revoke, the General Release Agreement in the form attached hereto as Exhibit A (the "Release"), the City shall pay the City Manager a lump sum cash payment equal to the lesser of (a) the actual number of months' salary remaining on the current term of employment and the cash equivalent of health (medical, dental and vision) benefits for that same period, or (b) twelve (12) months' base salary and cash equivalent of health (medical, dental and vision) benefits then in effect as provided in Section 4(A) above. Such severance compensation is expressly contingent on the execution, delivery, and non-revocation of the Release. It is the intention of the parties that this paragraph complies with the requirements of Government Code Section 53260 et seq. In the event of any conflict between this provision and those code sections, the terms of those code sections shall govern the contractual relationship between the employer and employee. (2) In addition, the City shall extend to the City Manager the right to continue health insurance as may be required by and pursuant to the terms and conditions of the Consolidated Omnibus Budget Reconcilia~ion Act of 1986 (COBRA). (3) In the event the City refuses, following written notice of non-compliance, to comply with any provision in this Employment Agreement benefiting the City Manager, or the City Manager resigns following a suggestion, whether formal or informal, by a majority of the City Council that the City Manager resign, then, in that event, the City Manager may, at the City Manager's option, be deemed to be "terminated" as of the date of such refusal to comply or suggestion to resign and this severance pay provision shall be actuated. ( 4) All payments required under this Section 6 are subject to and shall be interpreted to comply with the limitations set forth in Government Code Section 53260. (5) This section does not apply to the decision of the City Council not to renew the City Manager's term upon its expiration. 8 12 of 21 May 2, 2023, Item #7 D. Involuntary Resignation (1) In the event that the City Council formally or a majority of the City Council informally asks the City Manager to resign, then the City Manager shall be entitled to resign and still receive the severance benefits provided in Section 6(C) above. (2) The City Manager has relied upon the provisions of the Municipal Code upon entering into this Agreement, as it pertains to the City Manager's role, powers, duties, authority, responsibilities, compensation, and benefits. In the event the City Council adds, deletes or amends the Municipal Code without the consent of the City Manager, and such addition, deletion or amendment is inconsistent with the terms of this Agreement and the City Manager's role, powers, duties, authority, responsibilities, compensation and benefits as currently provided, then the City Manager shall have the right, at the City Manager's sole option, to give the City Council notice that such amendment(s) constitute a request by the City Council for the City Manager's involuntary resignation. (3) Upon receipt of such notice the City Council shall have thirty days in which to do one of the following: (a) rescind the amendment(s); (b) renegotiate this Agreement to the City Manager's satisfaction; (c) confirm that the City Manager is being asked to involuntarily resign; or (d) take no action. In the event that either (c) or (d) occurs, or the City is unable to accomplish (b), then the City Manager is entitled to resign and still receive the severance benefits provided in Section 6(C) above. E. Separation for Cause (1) Notwithstanding the provisions of Section 6(C), the City Manager may be terminated for cause. As used in this section, "cause" shall mean only one or more the following: (a) Conviction of, or no contest plea to, a felony; (b) Conviction of, or no contest plea to, any illegal act involving moral turpitude or personal gain; ( c) Continued abuse of non-prescription drugs or alcohol that materially affects the performance of the Manager's duties; ( d) Any act constituting a knowing and intentional violation of the City's conflict of interest code; or (e) Repeated and protracted unexcused absences from the City Manager's office and duties; (2) In the event the City terminates the City Manager for cause, then the City may terminate this Agreement immediately, and the City Manager shall be entitled to only the compensation accrued up to the date of termination, payments required by Section 6(F) below, and such other termination of benefits and payments as may be required by law. The City Manager shall not be entitled to any severance benefits provided by Section 6(C). 9 13 of 21 May 2, 2023, Item #7 (3) If the City Manager is terminated for cause, and "cause" meets the definition of "abuse of office or position," as defined in Government Code section 53243.4, the provisions of Government Code sections 53243 through 53243.4 shall apply and prevail over any contrary terms and conditions of this Agreement. F. Payment for Unused Leave Balance (I) On separation from City employment, the City Manager shall be paid for unused accrued leave allowances provided in Section 4(B)(2) above in accordance with the current salary and benefits plan for Management/Confidential Group 1 employees. Accumulated leave balances shall be paid at the City Manager's monthly base salary rate at the effective date of separation. (2) In the event the City Manager dies while employed by the City under this Agreement, the City Manager's beneficiaries or those entitled to the City Manager's estate, shall be entitled to the City Manager's earned salary, and any in-lieu payments for accrued benefits, including compensation for the value of all accrued leave balances. G. Joint Statements of Separation In the event ofresignation or retirement of the City Manager, termination by the City (with or without cause), or other separation of employment as described in the Section 6, the City and the City Manager agree that neither any member of the City Council, or the City's management staff, nor the City Manager, shall make any written, oral or electronic statement to any member of the public, the press, or any City employee concerning the City Manager's termination or separation, except in the form of a joint press release or statement, the contents of which is mutually agreeable to both the City and the City Manager. The joint press release or statement shall not contain any text or information that is disparaging to either Party. Either Party may verbally repeat the substance of this Section 6(0), and the joint press release or statement, in response to any inquiry. 7. MISCELLANEOUS PROVISIONS A. Term The initial term of this Agreement shall be for a period of thirty-six (36) months beginning 12:00 a.m. May 6, 2019 and continuing until 12:00 a.m. May 6, 2022 (the "initial Termination Date"). B. Subsequent Terms Unless the City gives the City Manager written notice of non-renewal at least 180 days prior to the initial Termination Date or the termination date of any Renewal Term (as hereinafter defined) this Agreement may be renewed by the parties for one or more additional terms of up to three (3) years each, each renewal term to be reflected by a written amendment signed by the parties. If the parties cannot mutually agree to the term of any renewal this Agreement shall continue in effect for automatic renewals of one (I) year each ( whether renewed by amendment or renewed by operation of this Section each, a "Renewal Term"). 14 of 21 May 2, 2023, Item #7 C. Provisions that Survive Termination Many sections of this Agreement are intended by their terms to survive the City Manager's termination of employment with the City, including but limited to Sections 6 and 7(E). These sections, and the others so intended, shall survive termination of employment and termination of this Agreement. D. Amendments This Agreement may be amended at any time by mutual agreement of the City and the City Manager. Any amendments are to be negotiated, put in writing, and adopted by the City Council. E. Conflict of Interest (1) The City Manager shall not engage in any business or transaction or have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. (2) The City Manager shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to the City Manager's City employment. (3) The City Manager is responsible for submitting to the City Clerk the appropriate Conflict of Interest Statements at the time of appointment, annually thereafter, and at the time of separation from the position. F. Indemnification ( l) To the full extent of the law, the City shall defend and indemnify the City Manager, in his capacity as City Manager, and as the chief executive of other City-related legal entities as provided in Section 3(A)(l)(c) above, against and for all losses sustained by the City Manager in direct consequences of the discharge of the City Manager's duties on the City's behalf for the period of the City Manager's employment, save and except those losses sustained as a result of the willful act or omission of the City Manager, including any "abuse of office or position," as described in Section 6(E)(3) of this Agreement. (2) The City shall defend, save harmless and indemnify the City Manager against any tort, professional liability claim, or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the City Manager's duties as City Manager. The City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. (3) Whenever the City Manager shall be sued for damages arising out of the performance of the City Manager's duties, the City shall provide defense counsel for the City Manager in such suit and indemnify the City Manager from any judgment rendered against the City Manager; provided that such indemnity shall not extend to any judgment for damages arising out of any willful wrongdoing. This indemnification shall extend beyond termination of 11 15 of 21 May 2, 2023, Item #7 employment and the otherwise expiration of this Agreement to provide protection for any such acts undertaken or committed in the City Manager's capacity as City Manager, regardless of whether the notice of filing of a lawsuit occurs during or following employment with the City. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies that the City Manager may have under the law. (4) The City and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the City Manager, while acting within the scope of the City Manager's duties , from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the City or any party affiliated with or otherwise claiming under or through it, regardless of any prior, concurrent, or subsequent active or passive negligence by the City Manager. G. Severability If any clause, sentence, part, section, or portion of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, such clause, sentence, part, section, or portion so found shall be regarded as though it were not part of this Agreement and the remaining parts of this Agreement shall be fully binding and enforceable by the Parties hereto. H. Laws Affecting Title In addition to those laws affecting a City Manager, the City Manager shall have the same powers, rights and responsibilities as a Chief Executive Officer, City Administrative Officer, Administrator, and City Administrator as those terms are used in local, state or federal laws. I. Jurisdiction and Venue This Contract shall be construed in accordance with the laws of the State of California, and the Parties agree that venue shall be in San Diego County, California, notwithstanding any conflicting provisions of the California Code of Civil Procedure. J. Provisions of Government Code Section 53243.4 (I) In the event that the City provides paid leave to City Manager pending an investigation of a crime involving abuse of his office or position covered by Government Code section 53243.4, and should that investigation lead to either a criminal conviction or a civil or administrative penalty by the FPPC or any similarly authorized agency, City Manager shall fully reimburse the City for any salary provided for that purpose. (2) In the event that the City provides funds for the legal criminal defense of City Manager pending an investigation of a crime involving abuse of his office or position covered by Government Code section 53243.4, and should that investigation lead to either a criminal conviction or a civil or administrative penalty by the FPPC or any similarly authorized agency, City Manager shall fully reimburse the City for any funds provided for that purpose. (3) In the event that the City provides City Manager with severance, or any other type of cash settlement related to the termination of City Manager, and City Manager 12 16 of 21 May 2, 2023, Item #7 subsequently is convicted of a crime, or subjected to civil or administrative penalties, resulting from abuse of his office or position covered by Government Code section 53243.4, City Manager shall fully reimburse the City for any such severance or cash settlement. K. Entire Agreement This Contract represents the entire agreement of the Parties, and no representations have been made or relied upon except as set forth herein. This Contract may be amended or modified only by a written, fully executed agreement of the Parties. 13 17 of 21 May 2, 2023, Item #7 GENERAL RELEASE AGREEMENT This General Release Agreement ("Release Agreement") is entered into by and between CHRISTOPHER HAZELTINE ("Manager") and CITY OF POWAY, a general law city and municipal corporation ("City"), in light of the following facts: A. Manager and City have previously entered into that certain City Manager Employment Agreement Between the City of Poway, a Municipal Corporation, and Christopher Hazeltine, dated April 2, 2019 (the "Employment Agreement"), setting forth the terms and conditions of City's employment of Manager as its City Manager. B. As part of the consideration in the Employment Agreement the parties agreed to the terms and conditions of this Release Agreement in the event that Manager's employment with City was terminated under certain circumstances. C. Manager's employment with City concluded on __ D. Certain disputes have arisen between City and Manager. E. City and Manager each deny any liability whatsoever to the other. F. City and Manager wish to fully and finally resolve any and all disputes they may have with each other. G. Manager is hereby informed that he has twenty-one (21) days from receipt of this Agreement to consider it. City hereby advises Manager to consult with his legal counsel before signing this Agreement. H. Manager acknowledges that for a period of seven (7) days following the signing of this Agreement ("Revocation Period"), he may revoke the Agreement. This Agreement shall not become effective or enforceable until the day the Revocation Period has expired. I. Manager acknowledges that the Salary Payment referenced in paragraph 1 of this Agreement.represents all compensation, including salary, accrued benefit balances and reimbursed expenses, due and payable to him through the date of employment termination (the "Salary Payment"). Manager also acknowledges that City has made this Salary Payment without regard to whether he signs this Agreement. The Salary Payment does not constitute consideration for this Agreement. FOR GOOD AND VALUABLE CONSIDERATION, INCLUDING THE COVENANTS CONTAINED HEREIN, MANAGER AND CITY HEREBY AGREE AS FOLLOWS: I. Receipt of Salary Payment. Manager hereby acknowledges receipt of a check or checks for all compensation owing to him, including salary, accrued benefit balances and reimbursed expenses ("Salary Payment") from City. Exhibit A 19 of 21 May 2, 2023, Item #7 2. Severance. Within seven (7) days following Manager's signing and delivering this Release Agreement to the City, and provided that Manager has not revoked this Release Agreement during the Revocation Period, City shall pay Manager the gross amount provided for in Section 6(C) of the Employment Agreement (the "Severance"), less applicable deductions. Manager acknowledges that the Severance is in addition to all amounts earned by Manager, and due and owing him as a result of his employment by City, including the Salary Payment. 3. General Release. In consideration of the Severance to be paid and provided to Manager, and other good and valuable consideration, Manager hereby releases and discharges City and its past and present elected and appointed officers, officials, employees, representatives and agents, from all rights, claims, causes of action, and damages, both known and unknown, in law or in equity, concerning and/or arising out of his employment by City which he now has, or ever had, including but not limited to any rights, claims, causes of action or damages arising under Title VII of the Civil Rights Act of 1964, the Vocational Rehabilitation Act of 1973, the Employee Retirement Income Security Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefits Protection Act, the Family and Medical Leave Act of 1993, the Domestic Partners Act of 2003, the California Labor Code, the Private Attorneys General Act of 2004, the California Moore-Brown-Robert Family Rights Act, the California Unruh Civil Rights Act, the California Fair Employment and Housing Act, any other federal, state, or local employment practice legislation, or any federal or state common law, including wrongful discharge, breach of express or implied contract, or breach of public policy. Manager hereby waives and relinquishes all rights and benefits afforded by section 1542 of the Civil Code of California. Manager understands and acknowledges the significance and consequences of this specific waiver of section 1542. Section 1542 of the Civil Code of California states as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Notwithstanding the provisions of section 1542, and for the purpose of implementing a full and complete release and discharge of City and its past and present elected and appointed officers, officials, employees, representatives and agents, Manager expressly acknowledges that this General Release is intended to include in its effect, without limitation, all claims which he does not know or suspect to exist in his favor. Manager further acknowledges that he has read this General Release and that he understands that this is a general release, and that he intends to be legally bound by the same. Exhibit A 20 of 21 May 2, 2023, Item #7 Lake Poway Upper Playground Renovation Project SECTION 8 CONSTRUCTION CONTRACT CITY OF POWAY LAKE POWAY UPPER PLAYGROUND RENOVATION This Contract made and entered into this 3rd day of May, 2023, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Marcon Engineering, Inc., hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows: 1. The complete Contract includes all of the Contract Documents, which are 2. 3. 4. 3 of 12 incorporated herein by this reference, and include: a. This Contract b. Contract Addenda c. Contract Change Orders d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications f. Contract Plans g. General Condition h. Special Conditions i. Standard Specification for Public Works, most current edition The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: The Lake Poway Upper Playground Renovation project includes the demolition of the existing playground structures, and removal of selected concrete sidewalk and handrails. The project also includes the installation of new playground structures and surfacing and the construction of a new ADA parking stall and sidewalk. Contractor agrees to perform all the said work and furnish all the said materials at their own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council. ATTACHMENT A 1 May 2, 2023, Item #9 Lake Poway Upper Playground Renovation Project 5. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $1,546,190.34 the "Contract Price." 6. 7. 8. 9. 10. 11. 4 of 12 City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 140 Working Days after the date specified in the Notice to Proceed. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum of $500.00 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code§ 1773.1. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by Contractor or by any subcontractors under Contractor) less than the prevailing rate described above on the work provided for in this Contract. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and§ 1812 which stipulates that the Contractor and subcontractors shall keep an accurate 2 May 2, 2023, Item #9 Lake Poway Upper Playground Renovation Project record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813. 12. Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13. Contractor, by executing this Contract, hereby certifies : "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion of 5 of 12 performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, 3 May 2, 2023, Item #9 6 of 12 Lake Poway Upper Playground Renovation Project servants, volunteers and agents and independent contractors in performing the services required by this Agreement. c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City . This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same. Worker's Compensation Insurance: o Contractor has no employees and is exempt from workers' compensation requirements . o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings. e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, 4 May 2, 2023, Item #9 Lake Poway Upper Playground Renovation Project volunteers, agents and independent contractors, that result from such failure by Contractor. 16. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all requ ired insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction · in coverage or limits. e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors. 17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 7 of 12 officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are 5 May 2, 2023, Item #9 18. 19 . 20. 21. 22. 23. 24. 25. 26. 8 of 12 Lake Poway Upper Playground Renovation Project determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such 6 May 2, 2023, Item #9 Lake Poway Upper Playground Renovation Project manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 27. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 30. a. Contractor shall, without disturbing the condition, notify City, in writing, as 9 of 12 soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order. d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. 7 May 2, 2023, Item #9 Lake Poway Upper Playground Renovation Project 31 . This Contract is to be governed by the laws of the State of California. 32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank) 10 of 12 8 May 2, 2023, Item #9 Lake Poway Upper Playground Renovation Project IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written. Contractor's Name: Print Name of Construction Company By: Signature Print Name Contractor information: Address for Notices and Payments Telephone Number: Email: ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM : RUTAN & TUCKER, LLP Alan Fenstermacher, City Attorney 11 of 12 CITY OF POWAY a Municipal Corporation Chris Hazeltine, City Manager 9 May 2, 2023, Item #9 1 �.��� 1.F"� AGENDA REPORT CityofPoway \����Gj/ CITY COUNCIL DATE: TO: FROM: CONTACT: SUBJECT: Summary: May 2, 2023 Honorable Mayor and Members of the City Cojcil Eric Heidemann, Director of Public Works f.Tim McDermott, Interim Director of Finance � Brad Rosen, Assistant Director of Finance Operations f-/� (858)668-4452 or brosen@poway.org Approval of Agreement Between the City of Poway and Convergint Technologies, LLC for the purchase and installation of an electronic security system at the Lester J.Berglund Water Treatment Plant and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) The City's current analog camera system at the Lester J. Berglund Water Treatment Plant has outlived it useful life. The electronic security system upgrade project involves the replacement of the existing security camera system and implementation of an enterprise level security control system. The proposed system will enhance visibility within and around the treatment plant to improve security and assist with operations of the site. Recommended Action: It is recommended the City Council award the contract for the Water Treatment Plant Security Upgrades project to Convergint Technologies, LLC in the amount of $223,886.32 and authorize the City Manager to execute the agreement (Attachment A) and related documents. Discussion: The Water Treatment Plant Security Upgrades project includes the replacement of an existing security camera system that monitors the Water Treatment Plant grounds. The existing camera system has outlived its useful life and the software that operates the system is no longer supported. The scope of this project includes removing existing security cameras and installing 21 new Axis cameras, conduit, network cabling, Hewlett Packard Enterprise (HPE) server/storage hardware, and HPE Aruba network equipment to support the expanded security system. In addition to the new hardware and installation, the proposed system implements the Genetec Security Center unified security platform. The Genetec solution includes more efficient recording and 1 of 27 -- May 2, 2023, Item #10 5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of27 2 May 2, 2023, Item #10 "Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: 1:8] 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. 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. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of27 3 May 2, 2023, Item #10 years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of a or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of27 4 May 2, 2023, Item #10 ( c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. (h) TO THE FULLEST EXTENT ALLOWED BY LAW, NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER CONSULTANT OR CITY BE LIABLE TO THE OTHER PARTY HERETO OR TO ANY INDEMNITEE FOR SPECIAL, INDIRECT, INCIDENTAL, LIQUIDATED OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COMMERCIAL LOSS, LOSS OF USE OR LOST PROFITS (WHETHER AS A DIRECT OR CONSEQUENTIAL DAMAGE), EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION SET FORTH IN THIS SECTION SHALL APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT OR OTHER THEORY." 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 7 of27 5 May 2, 2023, Item #10 This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of Cal PERS 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. 26. In the event that Consultant discovers or suspects the presence of hazardous materials at City's facility where the Work is to be performed, Consultant is entitled to stop the Work at that facility if such hazardous materials were not introduced to the site by Consultant. Consultant in its sole discretion shall determine when it is "safe" to return to perform the Work at City's facility. Consultant shall have no responsibility for the discovery, presence, handling, removing, remediating or disposal of or exposure of persons to hazardous materials in any form at the City's facility. City shall indemnify and hold harmless Consultant from and against claims, damages, losses and expenses, including but not limited to, reasonable attorney's fees, arising out of or resulting from undisclosed hazardous materials at City's facility. 27. City acknowledges that Consultant is not collecting or processing any biometric information under this Agreement although the products (including embedded software) provided by Consultant are capable of collecting biometric information. City agrees and will comply with any and all applicable local, state or federal laws, ordinances, rules or regulations (collectively, "Laws") with respect to collecting biometric information using the products provided under this Agreement. City will defend, indemnify and hold Consultant harmless from and against any and all claims, suits, actions, legal proceedings, liabilities, damages, fines, fees, penalties, costs and expenses arising out of or relating to City's collection of biometric information. (Remainder of page intentionally left blank) 9 of27 7 May 2, 2023, Item #10 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: ___________ _ ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By: _____________ _ Alan Fenstermacher, City Attorney 10 of 27 CONVERGINT TECHNOLOGIES, LLC 8 By:------------ Zac Rose, General Manager Date: ------------ May 2, 2023, Item #10 A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the purchase or security cameras and software and installation services further described in the Scope of Services submitted with the proposal dated April 3, 2023, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the fee proposal submitted with the proposals dated April 3, 2023, which are included in this document as Attachment 1. Total fee is not to exceed $223,886.32. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. C. Term of Agreement. This Agreement shall be effective from the period commencing May 3, 2023, and ending December 31, 2024, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one- year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. 11 of 27 1 May 2, 2023, Item #10 (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 12 of 27 2 City of Poway P.O. Box 789 Poway, CA 92074 Jasper Bruinzeel Convergint Technologies, LLC 7323 Engineer Rd San Diego, CA 92111 With copy to: Legal.notices@convergint.cm May 2, 2023, Item #10 EXHIBIT "8" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. (d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 13 of 27 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with May 2, 2023, Item #10 Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 14 of27 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2 May 2, 2023, Item #10 Cal Gov Code § 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (I) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January I, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January I, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January I, 2015. Annotations Notes Amendments: Note-- Amendments: 2013 Amendment: Substituted (I) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 15 of27 3 May 2, 2023, Item #10 converg fnt April 3, 2023 City of Poway Poway City Hall ATTACHMENT 1 7323 Engineer, San Diego, California 92111 Phone (760) 274-4214 Mobile (760) 274-4214 jasper.bruinzeel@convergint.com Quotation: JB12519437P · RFP#: 13325 Civic Center Dr. Poway, California 92064 Attention: Brad Rosen License/Cert C-10 -#986407 Reference: Camera System Upgrade -Genetec On behalf of Convergint's global network of colleagues, I would like to personally thank you for providing Convergint with the opportunity to present this proposal addressing your electronic security needs. We are confident that this proven solution is both comprehensive and customized to meet your needs today, and in the future. Convergint's reputation for service excellence is backed by a foundational commitment to our core value of service, and we have been recognized as the #1 Systems Integrator by SOM Magazine. This recognition reflects the strong relationships Convergint has developed with the industry's top technology manufacturers, and our history of success with providing exceptional service to our customers. Our guiding principle has always been to be our customers' best service provider. Our dedicated and certified team of professionals strives to uphold our customer-focused, service-based mission to make a daily difference for our customers. After achieving a successful on-time and on-budget project installation, Convergint will provide you with the industry's best ongoing service, including our 24/7 customer portal iCare, designed to track service work orders, project progress, and provide you with detailed metric reporting for continuous improvement. The following security proposal is specifically designed to meet your needs. As your single point of contact, please feel free to contact me with any additional questions you may have. Thank you again for trusting Convergint as your partner. 16 of27 May 2, 2023, Item #10 converg fnt • The following notes and details are provided: 19 of 27 o Proposal is based on good faith understanding of site conditions, based on site walks performed, as is reasonable to carry out prior to contract award. Existing conduit assumed possible to be re-used for pulling of new cabling to replace coax cabling, by normal, reasonable industry expectations. If additional efforts are required beyond Convergint reasonable expectations, a change order might be needed. o Various existing roof penetrations will be used in the new design. If though additional roof/ roof-membrane penetrations would be required, associated work and cost is not included in this proposal. o Building structures are assumed to support the camera attachments proposed. o Existing camera devices will be removed in the efforts of the project. o Basic touch up "patch & paint" efforts are included. o One wall cabinet will be required to be added, to house a newly added switch. The fiber cable to this location is assumed existing. o Various existing Axis cameras will be connected into the new system. The networking is assumed by the Customer, and the cameras are assumed in good working condition and compatibility without major troubleshooting. o Servers ("VM" for directory function)/ work stations (any as required for viewing), networking and IP addresses by the Customer, unless specifically stated as provide by Convergint. No new fiber cabling assumed required in this project to enable this project scope. o Set up of work stations for viewing functions by Convergint is limited to two work stations (with work stations to be provided by the Customer, to meet minimum Genetec requirements). o New camera cabling from switch/patch panel to camera (per design drawing) assumed provided/installed by Convergint. o Drawings and submittal set included based on our good faith specifications assumptions. o Regular business hour work assumed. o Prevailing wage May 2, 2023, Item #10 Convergint Technologies Install Terms & Conditions Throughout this Installation Proposal, the term, "Converginr refers to the Convergint Technologies affiliate operating in the state/province in which the Work is being perfooned. SECTION 1. THE WORK This Installation Proposal takes precedence over and supersedes any and all prior proposals, correspondence, and oral agreements or representations relating to the work set forth in the attached scope of work, including without limitation, goods, seNices, equipment and software, ("Work"). This Installation Proposal commences on the Start Date as specified in the attached scope of work and, subject to any addendums, represents the entire agreement between Convergint and Customer (the "Agreemenr). In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force. Convergint agrees in accordance with the mutually agreed project schedule: a. To submit shop drawings, product data, samples and similar submittals if required in perfooning the Work; b. To pay for all labor, materials, equipment, tools, supeNision, programming, testing, startup and documentation required to perform the Work in accordance with the Agreement; c. Secure and pay for penmits and governmental fees, licenses, and inspections necessary for proper execution and completion of the Work, unless local regulations provide otherwise; and d. Hire subcontractors and order material to perfoon part of the Work, if necessary, while remaining responsible for the completion of theWork. Customer agrees in accordance with the mutually agreed project schedule, and at no cost to Convergint: a. To prompUy approve submittals provided byConvergint; b. To provide access to all areas of the facility which are necessary to complete the Work; c. To supply suitable electrical seNice as required by Convergint and d. That in the event of any emergency or systems failure, reasonable safety precautions will be taken by Customer to protect l~e and property during the period from when Convergint is first notified of the emergency or failure and until such time that Convergint notifies the Customer that the systems are operational or that the emergency has cleared. No monitoring services or software capable of obtaining what may be characterized as biometric information are included in the Work. Any such services shall be governed by a separate agreement. Title to the Work, including any materials comprising the Work, shall pass to Customer as the Work is completed and the materials are incorporated into the Work at Customers site subject to any license agreements. If materials are earlier stored on Customer's site pursuant to agreement between Customer and Convergint, title with respect to such materials shall pass to Customer upon delivery to Customer site. SECTION 2. PRICING Pricing and amounts proposed shall remain valid for 30 days unless otherwise specified. Price includes only the material listed based on Convergint's interpretation of plans and specifications unless noted otherwise. Additional equipment, unless negotiated prior to order placement, will be billed accordingly. Sales taxes, (and in Canada GST/PSD and any other taxes assessed on Customer shall be added to the price upon invoice to Customer. SECTION 3. INVOICE REMITTANCE AND PAYMENT Customer agrees to pay Convergint twenty-five (25%) percent of the total price as a mobilization fee at the time of executing this Agreement Version 2.0 November 2022 Convergint shall maintain the following insurance coverages during the term of this Agreement and upon request, shall provide certificates of insurance to the Customer. Workers Compensation Statutory Limits Employers Liability $1,000,000 per occurrence/aggregate Commercial General Liability $1,000,000 peroccurrence Automobile Liability Excess/Umbrella Liability S2,000,000 general aggregate S1,000,000 per occurrence/aggregate $5,000,000 peroccurrence/aggregate Convergint's insurance is limited to the coverages listed above and Convergint will not provide Builders Risk Insurance. Commercial General Liability poicy shall name the Customer as "additional insured" on a primary/noncontributory basis with respect to liability arising out of work performed by Convergint, as applicable, but only to the extent of liabilities falling within the indemnity obligations of Convergint pursuant to the terms of this Agreement. Convergint shall provide to the Customer no less than thirty (30) days' notice priorto the termination or cancellation of any such insurance policy. SECTION 8. INDEMNIFICATION To the fullest extent allowed by law, Convergint shall indemnify and hold Customer harmless from and against claims, damages, losses and expenses (excluding loss of use) attributable to bodily injury, sickness, disease or death, or to destruction of tangible property, but only to the extent caused by the negligent acts or omissions of Convergint or Convergint's employees or subcontractors while on Customers site. It is understood and agreed by the parties that Convergint is or may be providing intrusion products which are designed to provide notification of certain events but are not intended lo be guarantees or insurers against any acts for which they are supposed to monitor or inform. Convergint's indemnification obligation pursuant to Section 8 herein, does not apply to the extent the loss indemnified against is caused by any intrusion product or software provided by but not manufactured by Convergint. Convergint shall have !lQ liability to Customer for any losses to the extent such losses are caused by the intrusion product or software. Customer shall indemnify, defend, and hold harmless Convergint. from and against all claims, lawsuits, damages, losses and expenses by persons not a party to this Agreement, but only to the extent caused by such intrusion product or software provided by but not manufactured by Convergint. SECTION 9 LIMITATION.OF LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW: (A) IN NO EVENT SHALL EITHER CONVERGINT OR CUSTOMER BE LIABLE TO THE OTHER PARTY HERETO FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING COMMERCIAL LOSS, LOSS OF USE OR LOST PROFITS, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION SET FORTH IN THIS SECTION SHALL APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT OR OTHER THEORY AND (8). IN NO EVENT Vv1LL CONVERGINT BE LIABLE TO CUSTOMER FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO CONVERGINT UNDER THIS AGREEMENT. SECTION 10. COMPLIANCE WITH LAW, SAFETY, & HAZARDOUS MATERIALS Convergint will comply with all laws and regulations applicable to its provision of the Work. Customer will comply with all applicable laws and agreements applicable to its use and operation of the Wo!k. Convergint shall comply with all safety related laws and regulations and with the safety program of the Customer, provided such program is supplied If the Work is performed over more than one month, Convergint will invoice Customer each month for the Work to Convergint prior to beginning Work. perfooned during the previous month. Customer agrees to pay the amount due to Convergint as invoiced, within In the event that Convergint discovers or suspects the presence of hazardous materials, or unsafe woO<ing thirty (30) days of the date of such invoice. If the Work is completed in less than one month, Customer agrees to conditions at Customers facility where the Work is to be perfom1ed, Convergint is entitled to stop the Work at that pay Convergint in full after the Work has been completed within thirty (30) days of the date of invoice. Invoices facility if such hazardous materials, or unsafe working conditions were not provided by or caused by Convergint. shall not include or be subject to a project retention percentage. If Customer is overdue in any payment Convergint Convergint in its sole discretion shall determine when it is "safe" to return to perform the Work at Customers facility. shall be entiUed to suspend the Work until paid, and charge Customer an interest rate 1 and 1/2% percent per Convergint shall have no responsibility for the discovery, presence, handling, removing or disposal of or exposure month, (or the maximum rate permitted by law, whichever is less), and may avail itse~ of any other legal or equitable of persons to hazardous materials in any form at the customers facility. To the fullest extent allowed by law, Customer remedy. Customer shall reimburse Convergint costs incurred in collecting any amounts that become overdue, shall indemnify and hold harmless Convergint from and against claims, damages, losses and expenses, including including attorney fees, court costs and any other reasonable expenditure. but not limited to, reasonable attorney's fees, arising out of or resulting from undisclosed hazardous materials, or SECTION 4. WARRANTY unsafe working conditions at Customers facility. For the period of one (1) year, commencing at the ear1ier of substantial completion of the Work or first beneficial SECTION 11. PERSONAL DATA use, ("Warranty Penod"), the: a. Work performed under this Agreement will be of good quality; b. Equipment will be new unless otherwise required or permitted by this Agreement; c. Work will be free from defects not inherent in the quality required or permitted; and d. Work will conform lo the requirements of this Agreement. The Customers sole and exclusive remedy for any breach of this warranty is that Convergint shall remove, replace and/or repair at its own discretion and expense any defective or improper Work discovered within the Warranty Period, provided Convergint is notified in writing of any defect within the Warranty Period. Any software, equipment or products included in the Work and installed by Convergint shall only carry such warranty as is provided by the manufacturer thereof, which Convergint hereby assigns to Customer without recourse to Convergint or which is exclusively granted to customer in the software dorumentation. Upon request of Customer, Convergint will use commercially reasonable efforts to assist Customer in enforcing any such third- party warranties. This warranty excludes remedy for damage or defect caused by abuse, theft, neglect, modifications not executed by Convergint, improper or insufficient maintenance, improper use or operation; fire, explosion, water exposure, corrosion, rust, adver.;e environmental conditions or resulting from accidents, or any other Acts of God; fluctuations in the building power supply, failure to provide a power supply, or operating an environment that does not conform to the manufacturers specifications; repair, seNice, adjustment tampering or modification of the equipment by anyone other than Convergint seNice personnel; negligence or acts or omissions of Customer or any third party (excluding a Convergint seNice personnel); or normal wear and tear under normal usage. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS SECTION 4, NO FURTHER WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARE MADE Vv1TH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. SECTION 5, CHANGES Wthout invalidating this Agreement or any bond given hereunder, Customer or Convergint may request changes in the Work. Any changes to the Agreement shall be in writing signed by both Customer and Convergint. If Customer orders any additional Work or causes any material interference with Convergint's performance of the Work, Convergint shall be entitled to an equitable adjustment in the time for performance and in the Agreement Price, including a reasonable allowance for ovemead and profit. SECTION 6, FORCE MAJEURE Neither Customer nor Convergint shall be responsible or liable for or be deemed in breach of this Agreement because of any delay or failure in the performance of their respective obligations pursuant to this Agreement due to circumstances beyond their reasonable control ("Force Majeure") and without the fault or negligence of the party experiencing such delay. A Force Majeure event shall include, but not be limited to: acts of God, pandemic or epidemic, diseases, quarantines, unavoidable casualties, concealed conditions, acts of any civil or military authority; riot, insurrections, and civil disturbances; war, invasion, act of foreign enemies, hostilities (regardless of whether or not war is declared), rebellion, revolution, terrorist activities; strikes, lockouts or other labor disputes; embargoes; shortage or unavailability of labor, supplies, materials, equipment or systems; accident fire, storm, water, flooding, negligence of others, vandalism, power failure, installation of incompatible equipment, improper operating procedures, source current fluctuations or lighting, transportation contingencies; laws, statutes, regulations, and other legal requirements, orders or judgements; acts or order of any government or agency or official thereof, other catastrophes or any other similar OCaJrrences. If performance by either party is delayed due to Force Majeure, the time for performance shall be extended for a period of time reasonably necessary to overcome the effect of the delay. Any seNices required by Convergint due to reasons set forth in this Force Majeure Section shall be charged to Customer in addition to any amounts due under this Agreement. SECTION 7. INSURANCE 27 of27 This Agreement does not authorize Convergint to access, collect, store or process any biometric information although the equipment or products included in the Work (including embedded software) installed by Convergint are capable of collecting biometric information. Customer agrees and will comply with any and all applicable local, state or federal laws, ordinances, rules or regulations (collectively, "Laws") with respect to collecting biometric information using the equipment or products provided under this Agreement. Notwithstanding the foregoing, to the extent Customer uses the Work to collect biometric information or provides Convergint with access to biometric information, Customer acknowledges that Laws may limit Customers rights and impose obligations with respect to use of software capable of collecting biometric information, including any hardware or other software and services associated with the biometric information, and agrees that Customer is solely responsible to ensure its own compliance with such Laws. To the fullest extent allowed by law, Customer will defend, indemnify and hold Convergint harmless from and against any and all claims, suits, actions, legal proceedings, liabilities, damages, fines, fees, penalties, costs and expenses arising out of or relating to Customer's use or collection of biometric information. SECTION 12. PRICE ADJUSTMENT Convergint may automatically adjust the price, with five (5) days prior written notice, if based on: (a) changes by its vendors to the cost of equipment and/or products to be delivered and/or labor costs related to personnel responsible for performing the Work, (b) macroeconomic conditions, such as taxes, tariffs or duties, natural disasters, labor shortages/strikes, etc., (c) applicable market trends, or (d) other events not within Convergint's control that impact the cost of performing tihe Work. The variation in the cost of the equipment, products and/or labor shall be consistent with applicable market indexes, where available, third-party sources or other evidence. Convergint reserves the right to add periodic surcharges to this order, including without limitation, adjustments for the then current price of fuel, such surcharges to be specified and invoiced by Convergint. SECTION 13. DISPUTES In the event of any dispute between Convergint and Customer, Convergint and Customer shall first attempt to resolve the dispute in the field, but if that is not successful, then in a meeting between autho<ized officers of each company. If settlement attempts are not successful, unless the dispute requires injunctive relief, then the dispute shall be decided exclusively by arbitration. Such arbitration shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect by a single arbitrator and shall be a final binding resolution of the issues presented between the parties. The prevailing party shall be entiUed to recover its reasonable attorneys' fees and costs. Any award by the arbitrator may be entered as a judgment in any court having jurisdiction. SECTION 14. MISCELLANEOUS This Agreement shall be governed and construed in accordance with the laws of the state/province in which the Work is being performed. Neither party to this Agreement shall assign this Agreement without tihe prior written consent of the other party hereto. Notwithstanding the foregoing, Convergint may assign this Agreement without notice or consent (i) to any of its parents, subsidiaries or affiliated companies or any entity majority owned by Convergint; or (ii) in connection with a merger, acquisition, reorganization, sale of all of the equity interests of Convergint, or a sale of all or substantially all of the assets of Convergint to which this Agreement relates. Notices shall be in writing and addressed to the other party, in accordance with the names and addresses of the parties as shown above. All notices shall be effective upon receipt by the party to whom the notice was sent. In no event will Convergint be obligated to comply with any project labor agreements or other collective bargaining agreements A waiver of the terms hereunder by one party to the other party shall not be effective unless in writing and signed by a person with authority to commit the Customer and Convergint. No waiver by Customer or Convergint shall operate as a continuous waiver, unless the written waiver specifically states that it is a continuous waiver of the terms stated in that waiver. The Sections regarding invoicing, warranty, indemnity, and disputes shall suNive the termination of this Agreement. May 2, 2023, Item #10