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09-19-2023 Agenda PacketAG EN DA Poway City Council Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 September 19, 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. Per the Poway Municipal Code, the speaking time may be reduced . 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 on line. 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 on line 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. Steve Vaus Mayor Caylin Frank Deputy Mayor Peter De Hoff Council member Anita Edmondson Councilmember Brian Pepin Councilmember Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers. The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE: MOMENT OF SILENCE: PRESENTATION: None PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes. Per the Poway Municipal Code, the speaking time may be reduced. Speakers have one opportunity to address the Council under Public Comment. CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion. 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the August 15, 2023 Regular City Council Meeting Minutes 3. Acceptance of the Espola Road Safety Improvements -Phase 2 Project; Bid No. 21-021, with Tri- Group Construction and Development, Inc. as Complete 4. Authorization to Purchase Network Firewalls Utilizing NASPO Cooperative Purchasing Program Contract #7-20-70-47-01 ORDINANCES FOR INTRODUCTION: 5. Introduction of an Ordinance Amending Chapter 2.28 to Title 2 of the Poway Municipal Code Relating to Electronic Filing of Fair Political Practices Commission (FPPC) Statements of Economic Interest, Form 700; and Campaign Disclosure Statements PUBLIC HEARINGS: 6. Conditional Use Permit (CUP) 23-0004, a request to amend CUP 94-001 to allow the modification of an existing carwash/lube and tune complex located at 14713 Pomerado Road in the Twin Peaks Plaza and finding that no further CEQA review is necessary 2 of 3 Regular City Council Meeting September 19, 2023 City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution approving CUP 23-0004 for the modification of CUP 94-001 and finding that no further CEQA review is necessary STAFF REPORTS: 7. Award of Contract to Gateway Pacific Contractors, Inc.; Approval of Agreement to United Guard Services, Inc., for Security Services, for the Lester J. Berglund Water Treatment Plant Clearwell Replacement Project; Bid No. 23-009 and the Appropriation of Water Revenue Bonds, Series 2023A Proceeds City Manager's Recommendation: It is recommended the City Council 1) award a contract for the Lester J. Berglund Water Treatment Plant Clearwell Replacement Project to Gateway Pacific Contractors, Inc., the lowest responsible bidder, in the amount of $31,646,023.00; 2) approve the security service agreement with United Guard Services, Inc., determined the best value, in the estimated total amount of $148,200; 3) appropriate Water Revenue Bonds, Series 2023A proceeds in the amount of $37.6 million to the Clearwell Replacement Project (WTR0027); 4) appropriate Water Revenue Bonds, Series 2023A proceeds in the amount of $500,000 to the Treated Water Facilities Projects (WTR0028 and WT040); and 5) authorize the City Manager to execute the necessary documents WORKSHOPS: None COUNCIL-INITIATED ITEMS : None COUNCIL COMMITTEE REPORTS and ANNOUN CEMENTS: Pursuant to AB1 234 -(G.C. 5323 2(d)) CITY MANAGER ITEMS: CITY ATTORNEY ITEMS: (Including any public re port of any action taken in closed session) CLOSED SE SSION: None ADjOURNMENT: State of California County of San Diego ) ) ss. ) AFFIDAVIT OF POSTING I, Ellis Webster, Deputy 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 September 12, 2023. Said meeting to be held at 7:00 p.m., September 19, 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. 3 of 3 Regular City Council Meeting September 19, 2023 September 19, 2023, Item #2AGENDA RE PO RT City of Poway DATE: TO: FROM: September 19, 2023 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk (858) 668-4535 or ~gallagher@poway.org CITY COUNCIL SUBJECT: Approval of the August 15, 2023 Regular City Council Meeting Minutes Summary The City Council Meeting Minutes submitted hereto for approval are: • August 15, 2023 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Powa·y Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency. Recommended Action: It is recommended the City Council approve the August 15, 2023 Regular City Council Meeting Minutes. Public Notification: None. Attachments: A August 15, 2023 Regular City Council Meeting Minutes Reviewed/Approved By: w~1da::::---Assistant City Manager 1 of 5 Reviewed By: Alan Fenstermacher City Attorney I City Manager September 19, 2023, Item #2NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES August 15, 2023 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Counc/1/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 Special Meeting to order at 7:00 p.m. ROLL CALL Present: Brian Pepin, Peter De Hoff, Anita Edmondson, Caylin Frank, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Bob Manis; Director of Finance Judy Tran; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain Nancy Blanco, 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 Frank led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus asked the public to keep the residents of Lahaina in their thoughts and prayers as he led a moment of silence. PRESENT A TIO NS None. 2 of 5 ATTACHMENT A September 19, 2023, Item #2City of Poway -Minutes -August 15, 2023 PUBLIC COMMENT Kathleen Lippitt requested Council support of AB 1207, the Child Cannabis Protection Act. CONSENT CALENDAR Motioned by Mayor Vaus, seconded by Councilmember Pepin to approve Consent Calendar Items 1 through 7. Motion carried 5/0 by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Pepin, De Hoff, Edmondson, Frank, Vaus None None None None 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the June 6, 2023 Regular City Council Meeting Minutes 3. City's Investment Report as of June 30, 2023 4. Authorization to Purchase Four (4) Stryker Power Gurneys and Two (2) Power Loading Systems 5. Acceptance of the Poway Swim Center Locker Room Roof Replacement Project, RFP No. 23-011 with Danny Letner, Inc. OBA Letner Roofing Company as Complete 6. Acceptance of City Facilities General Maintenance and Repair -Wood 2021-22 Project, Bid No. 22-010 with GQ Builders, Inc. as Complete 7. Second Reading and Adoption of Ordinance No. 861 entitled "An Ordinance of the City Council of the City of Poway, California, Pursuant to Section 16.16.110 of the Poway Municipal Code Concerning Relinquishment of Trail Easement (APN 273-102-01-00)" ORDINANCES FOR INTRODUCTION None. PUBLIC HEARINGS: None. STAFF REPORTS: 8. Approve the Execution and Delivery of an Installment Purchase Agreement for the Purpose of Causing the Issuance of Not to Exceed $38,000,000 Aggregate Principal Amount of Water Revenue Bonds, Series 2023A, and Approving the Execution and Delivery of Certain Documents in Connection Therewith and Certain Other Matters 3 of 5 September 19, 2023, Item #2City of Poway -Minutes -August 15, 2023 Interim Director of Finance Tim McDermott and Principal Civil Engineer Shadi Sarni presented the item. Mr. McDermott introduced the item. He noted project funding is provided by the four-year water utility rate plan adopted in November 2021 for calendar years 2022 through 2025. Ms. Sarni then provided an overview of the Water Infrastructure Improvement Program, discussing the program's goals, and the various components of the program including the Clearwell Bypass, Clearwell Replacement and Treated Water Facilities Projects. Mr. McDermott provided additional background on the Series 2021A Water Revenue Bonds, issued in November 2021 for the Water Program. He detailed the proposed terms for the 2023A Water Revenue Bonds including the debt service structure, the bond rating and the annual debt service. He noted the bonds would be issued by the Poway Public Financing Authority. Mr. McDermott acknowledged the financing team for the water revenue bonds, and discussed the key documents presented for City Council consideration including resolutions, indenture of trust, installment purchase agreement, bond purchase agreement, preliminary official statement, and continuing disclosure agreement. In conclusion, Mr. McDermott provided a timeline from the authorization of financing through the award of contract for the Clearwell Replacement Project. Public Comment: None. End of Public Comment. Council Discussion Ensued. City Staff responded to Council inquiries. Motioned by Mayor Vaus, seconded by Councilmember Pepin to adopt the Resolution approving the execution and delivery of an Installment Purchase Agreement and approve the execution and delivery of certain documents in connection therewith and certain other matters. Motion carried unanimously. Motioned by Authority Chair Vaus, seconded by Authority Director De Hoff to adopt the Resolution approving the sale of its Water Revenue Bonds, Series 2023A and approve the execution and delivery of certain documents in connection therewith and certain other matters. Motion carried unanimously. WORKSHOPS None. COUNCIL-INITIATED ITEMS: 9. Appointment to Regional Agencies' Boards, Commissions and Committees for 2023 Mayor Vaus presented the item. He explained the process of appointing Council Members to Regional Assignments typically occurs in December however, due to vacancies which exist due to the resignation of Councilmember Leonard, Councilmember Edmondson agreed to be the alternate member on the San Dieguito Riverpark Joint Powers Authority and the Primary member for the Goodan Ranch Policy Committee. 4 of 5 September 19, 2023, Item #2City of Poway -Minutes -August 15, 2023 Public Comment: None. End of Public Comment. Motioned by Mayor Vaus with concurrence from Council to appoint Councilmember Edmondson to vacancy positions on the Regional Boards, Commissions & Committees for 2023 as the alternate member on the San Dieguito Riverpark Joint Powers Authority and the Primary member for the Goodan Ranch Policy Committee. Motion carried unanimously. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) Councilmember De Hoff provided updates on the Regional Solid Waste Association (RSWA) and the Metro Wastewater Commission Joint Powers Authority. He spoke regarding RSWA's work on recent waste water spills and noted his role on the committee is to keep Poway's costs down over the short and long term. CITY MANAGER ITEMS None. CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None. CLOSED SESSION None. ADJOURNMENT The meeting was adjourned at 7:53 p.m. 5 of 5 Carrie Gallagher, CMC City Clerk City of Poway, California AGENDA REPORT CityofPoway DATE: TO: FROM: CONTACT: CITY COUNCIL SUBJECT: September 19, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services.../))t Tracy Beach, City Engineer -re> (858)668-4652, tbeach@poway.org Acceptance of the Es pol a Road Safety Improvements - Phase 2 Project; Bid No. 21-021, with Tri-Group Construction and Development, Inc. as Complete Summary: On July 20, 2021, the City Council awarded the contract for the Espola Road Safety Improvements - Phase 2 project; Bid No. 21-021 to Tri-Group Construction and Development, Inc., in the amount of $1,899,805.00. This action will accept the project as complete. Recommended Action: It is recommended the City Council: (1)Accept the Espola Road Safety Improvements -Phase 2 project as complete; (2)Authorize the City Clerk to file and record the Notice of Completion; (3)Authorize the release of the retention in the amount of $125,278.35, if unencumbered, 45 days after City Council acceptance; (4)Release the North American Specialty Insurance Company Bond for Material and Labor in the amount of $1,899,805.00 after the release of retention; and (5)Retain the North American Specialty Insurance Company Bond for Faithful Performance for a period of one year. Discussion: This project completed the installation of pathway improvements along Espola Road that was suspended in 2019. The project was suspended to allow time to refine the project design and complete the utility undergrounding since the existing utility poles were in conflict with the proposed pathway improvements. The improvements added a decomposed granite pathway along the west side of Espola Road from Mountain Road to just north of Northcrest Lane. This provides a continuous path of travel from Twin Peaks Road to Titan Way along Espola Road. New asphalt berm, lodgepole fencing, retaining walls, grouted rock surface parkway, curb ramps, driveways, utility relocations, landscape and irrigation, signing and striping, and other related improvements were included in this project. 1 of 2 September 19, 2023, Item #3 September 19, 2023, Item #3There were seven change orders during this project resulting in a contract increase of $605,762.05. Some of the items in the various change orders included surveying research of County records to identify monuments and then locate them in the field, San Diego Gas & Electric stand-by accommodations due to a high-pressure gas main in the project vicinity, trimming of lodgepole posts for sight visibility, relocation of existing water meters and adjustments in constructed quantities due to some differences from the Bid Schedule quantities. The final contract amount for this project is $2,505,567.05. Staff recommends accepting the work so retention can be released, and the warranty period can begin. Environmental Review: The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act. Fiscal Impact: The total approved budget for the Espola Road Safety Improvements -Phase 2 project (STR0001) is $2,772,257.34. Sufficient funds are available for the release of retention ($125,278.35). Funds remaining in the project ($419,461.23) will be returned to the Capital Improvement Project Fund for future projects. Public Notification: None. Attachments: None. Reviewed/Approved By: Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney Approved By: ~ ChnsHane City Manager September 19, 2023, Item #4DATE: TO: FROM: CONTACT: SUBJECT: summary: AGENDA RE PO RT City of Poway September 19, 2023 Honorable Mayor and Members of~~ ?ty Council Judy B. Tran, Director of Finance LW' Brad Rosen, Assistant Director of Finance Operations ~ (858) 668-4452 or brosen@poway.org CITY COUNCIL Authorization to Purchase Network Firewalls Utilizing NASPO Cooperative Purchasing Program Contract #7-20-70-47-01 The City of Poway (City) approved Fiscal Year 2023-24 Capital Replacement Equipment Fund budget includes funding to purchase firewall replacement hardware for the City Hall data center. The City is a member of several cooperative purchasing organizations including the National Association of State Procurement Officials (NASPO) ValuePoint which establishes and provides nationwide competitively solicited purchasing contracts that can be utilized by member agencies, such as the City. For optimal pricing, it is recommended the purchase of network firewall equipment be made through the NASPO ValuePoint Purchasing Program utilizing Contract #7-20-70-47-01 with ePlus Technology, Inc. The total estimated cost for this purchase, including hardware, associated security software subscription, three-year 24/7 maintenance and hardware support and sales tax is $116,010.88. Recommended Action: It is recommended the City Council authorize the purchase of firewall replacements for the City Hall data center for a total cost of $116,010.88 and authorize the City Manager to execute the necessary documents. Discussion: In 2018, the City implemented next generation redundant firewalls at the City Hall data center. These firewalls are nearing end of life from the manufacturer. Additionally, increased bandwidth requirements due to existing City applications in the cloud, future movement of City applications to the cloud, and staff telecommuting require newer firewalls to handle the increased network traffic managed through this hardware. As part of the City's asset management replacement program to keep our hardware technology current and supported by the manufacturers, funds were budgeted for the replacement of the City Hall network firewall equipment. 1 of 4 September 19, 2023, Item #4It is recommended the firewalls, associated security software subscriptions, and three-year 24/7 maintenance and support be purchased through the NASPO ValuePoint Purchasing Program utilizing Contract #7-20-70-47-01 with ePlus Technology, Inc. as the reseller. All agreements offered through the NASPO ValuePoint Cooperative Purchasing Program have been awarded via a thorough Request for Bid (RFB) competitive solicitation program by a public agency/government entity (e.g., state, city, county, public university, or school district). The program provides a streamlined and effective procurement option by establishing agreements with manufacturers and suppliers currently on an existing multiple award schedule with a competitive procurement procedure. Section 3.28.110 of the Poway Municipal Code permits the use of cooperative purchasing programs for procurement of supplies, services, and equipment when the administering agency has made their purchase in a competitive manner. Environmental Revjew: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The City proactively plans for the replacement of its information technology assets by annually setting aside a portion of the anticipated replacement costs. As such, funding is available in the Fiscal Year 2023-24 Capital Replacement Equipment Fund (115010-61212) for the purchase of network firewall replacements for the City Hall data center. The total cost of this purchase is $116,010.88. Public Notification: None. Attachments: A. ePlus Technology, Inc. Quote (for cybersecurity purposes hardware detail is redacted) Reviewed/Approved By: Assistant City Manager 2 of 4 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chfff!!i;;d City Manager September 19, 2023, Item #4e+ eP/us Customer Name CITY OF POWAY Quote No: 23021299 Quote Name: Quotation Date: 0812812023 ePlus Technology inc, 13595 Dulles Technology Drive, Herndon, VA, 20171 External Notes:NASPOAR3227 / CA Participating Addendum 7-20-70-47-01 Line No. Part Number MFG !001 1002 1003 1004 loos Shipping: Packing: Sales Support Contact MELINDA KAHALE Sales Support Phone: 949-988-684 7 Ext6847 Sales Support Email: MKAHALE@EPLUS.COM Account Executive: Lee Garlslein Account Executive Phone: 949-930-7356 Account Executive Email: lee.gartstein@eplus.com Description/Line Notes QTY Customer PO No Order No: Expiration Dale: 09/27/2023 Unit Price Ext Price 2 11.75881 23,517.62 -2 27,70297 55,405.94 --2 6,31845 12.636 901 2 10,26000 20.s20.001 2 978.10 1,956201 114,036.661 Sub Total (USD): 114,036.66 Est Tax (USD): 1,974.22 Freight (USD): 0.00 Total (USD): 116,010.88 II orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions fo Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance o any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. An periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non-cancelabl for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As al result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non--cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, o is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Safes Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. <( I-z w ~ :x: V <( I-I-<( "" .... 0 M September 19, 2023, Item #4Customer Acceptance Bill To Signature: CITY OF POWAY Name: 13325 CIVIC CENTER DR Title: POWAY CA 92064 Date: UNITED STATES Customer PO #: BRAD ROSEN ©2023 ePlus inc. All rights reserved. Ship To CITY OF POWAY 13325 CIVIC CENTER DR POWAY CA 92064-5755 UNITED STATES WGDC P1 4.0.1.8 '<t .._ 0 ~ September 19, 2023, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway September 19, 2023 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk Carrie Gallagher, City Clerk (858) 668-4535 or cgallagher@poway.org CITY COUNCIL Introduction of an Ordinance Amending Chapter 2.28 to Title 2 of the Poway Municipal Code Relating to Electronic Filing of Fair Political Practices Commission (FPPC) Statements of Economic Interest, Form 700; and Campaign Disclosure Statements Since the passage of the Political Reform Act (PRA), candidates and political action committees have complied with filing requirements by filing paper copies of campaign financial disclosure statements and reports. These forms are filed with the City Clerk as the Local FIiing Officer/Elections Official. The proposed ordinance is required in order for the City of Poway to accept electronic filings of Fair Political Practices Commission (FPPC) Form 700 "Statement of Economic Interest" and campaign disclosure forms. Recommended Action: It is recommended the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the October 3, 2023 Regular City Council meeting. Piscussjon: On January 1, 2013, Assembly Bill 2452 went into effect adding Government Code 84615 of the PRA, allowing a local government agency to require online or electronic filing for an elected officer, candidate, committee, or other person who is required to file statements, reports1 or other documents under the PRA. On September 28, 2020, Assembly Bili 2151 passed, requiring local government agencies to post on their internet website, within 72 hours of the applicable filing deadline, a copy of any specified statement, report, or other document filed with that agency in paper format. FPPC Form 700 and Campaign Disclosure Statement Forms 460 and 470 are Included in the specified statements. 1 of7 September 19, 2023, Item #5The City Clerk's Office is currently responsible for the annual paper filing of approximately 170 Form 700s, which include the City Council, Committee members, City Manager, City Clerk, City Treasurer, designated City employees, and consultants. In addition, the City Clerk is also responsible for all local elections fl lings. On June 13, 2023, City Council approved the Fiscal Year 2023-24 Operating Budget, which Included funds for NetFlle, an electronic filing system for Form 700 and Campaign Disclosure filings. The NetFile system Is created specifically for cities responsible for administering campaign finance filings and Statements of Economic Interest, which meets the requirements of the Secretary of State and allows for electronic and paperless filing of several types of required FPPC forms Including Forms 460,470, 496 and 497, which are the most commonly used in Poway's local election campaigns. The current manual process requires a significant amount of staff time to scan, redact necessary Information and upload the large volume of submitted reports. The new electronic filing system will allow filers to create an account and file their Campaign Disclosure or Form 700s with the City of Poway providing ease-of-use for fliers to upload forms that will be securely filed away through a streamlined hosted system, saving staff time and resources, and increasing transparency and on line access to statements. In order to implement the provisions of Government Code Section 84615 and Assembly Bill 2452, the City must adopt an Ordinance permitting the use of an on line filing system as an option for filing and designating the fiiings received electronically by the City Clerk's Office as the filings of record for the City. The system must operate securely and effectively, be of no cost to filers, be available for the public to view filings, and not place an unduly burden on filers. Beginning January 1, 2024, electronic filing will be mandatory unless the officer, candidate, or committee is exempt from the requirement to file online pursuant to Government Code Section 8461 S(a). Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). fiscal Impact: There is no fiscal Impact associated with the recommended action. However, the adopted FY 2023-24 Operating Budget includes $7,500 to purchase and host the NetFile system and an annual service rate of $7,500 going forward to maintain the electronic flllng system. Public Notification: None. Attachments: A Proposed Ordinance -Electronic and Paperless Filing of FPPC Campaign Disclosure Statements 2 af7 September 19, 2023, Item #5Reviewed/Approved By: Assistant City Manager 3of7 Reviewed By: Alan Fenstermacher City Att,orney Approved By: Ch~ City Manager ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTER 2.28 TO TITLE 2 OF THE POWAY MUNI CIPAL CODE RELATING TO ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION (FPPC) CAMPAIGN AND S'TATEMENT OF ECONOMIC INTEREST DISCLOSURE INFORMATION WHEREAS, City staff and the City Attorney's Office have been progressively analyzing the Poway Municipal Code ("PMC") and recommending updates where appropriate; WHEREAS, public access to campaign and Statement of Economic Interest disclosure information is an integral component of a fully informed electorate, and transparency is critical in order to maintain public trust and support of the political process; WHEREAS, Assembly Bill 2452 allows local government agencies to require online or electronic filing for an elected officer, candidate, committee, or other person who is required to file statements, reports. or other documents under the Political Reform Act of 1974; WHEREAS, the City Clerk is the Local Filing Officer for FPPC disclosure statements and is responsible for receiving, reviewing, and making available campaign disclosure statements; WHEREAS, implementation of electronic filing and FPPC campaign disclosure statements helps the City reach its goal of operational excellence by allowing campaign disclosure statements to be filed electronically, streamlining the disclosure and filing process and saving resources as well as increasing transparency and online access to statements; and WHEREAS, In order to implement the provisions of Government Code Section 846 15 and Assembly Bill 2452, the City must adopt an Ordinance permitting the use of an online filing as an option for filing and designating the filing received electronically by the City Clerk's Office as the flings of record for the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: Section 2.28.040 (Statements Generally) of the PMC is hereby amended to read as follows (additions in underline): 4of7 Subject to Government Code Section 81009.5, each candidate and each committee, including all independent committees, shall file as a public record with the City Clerk ca mpaign statements showing the amounts of contributions received and expenditures made with respect to such election at the time required by the Political Reform Act of 197 4, as amended. Statements shall be filed electronically in the manner set forth in Sections 2.28.11 0 1hrough 2.28.130 of this Chapter 2.28. ATTACHMENT A September 19, 2023, Item #5 Ordinance No Page2 SECTION 3: Sections 2.28.110 through 2.28.130 are hereby added to Chapter 2.28 of the PMC as follows; Sof7 2.28.110 ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS 1. Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents (''statements") as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) ('(filers'') must file such statements using the City Clerk's online system according to procedures established by the City Clerk (the "procedures") effective January 1, 2024 unless exempt from the requirement to file online pursuant to Government Code Section 8461 S(a) because the officer, candidate, or committee receives less than $250 in contributions and makes less than $250 in expenditures in a calendar year. 2. The City Clerk shall have the authority to establish and amend the procedures, as necessary, to accomplish the following: a. Ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code, as may be amended from time to time; b. Meet the-purpose and intent of this section and comply with other applicable law; and c. Ensure the integrity of the data transmitted and include safeguards against efforts to tamper with, manipulate, alter, or subvert the data. 3. Online filings made under this chapter will only be accepted if made in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a)(2) of the California Government Code, as may be amended from time to time, and that Is compatible with the Secretary of State's system for receiving an online or electronic filing. 2.28.120 PROCEDURES FOR UTILIZING ONLINE FILING 1. Effective January 1, 2024, electronic filing is mandatory unless the officer, candidate, or committee is exempt as described in Section § 2.28.110. Once the elected officer, candidate, or committee has filed electronically, all subsequent Statements shall be flied electronically. 2. Any elected officer, candidate, or committee who has electronically filed a statement using the City Clerk's online system is not required to file a copy of that document in paper format with the City Clerk. 3. The City Clerk shall Issue an electronic confirmation that notifies the flier that the Statement was received, which notification shall include the date and the time that the Statement was received and the method by which the filer may view and ptlnt the data received by the City Clerk. The date of filirig for a Statement filed online shall be the day that is received by the City Clerk. September 19, 2023, Item #5 Ordinance No Page 3 4. If the City Clerk's system is not capable of accepting a Statement due to technical difficulties, an elected officer, candidate, or committee shall file that Statement in paper format with the City Clerk. 5. The online filing system shall enable electronic filers to complete and submit filings free of charge. 2.28.130 AVAILABILITY OF STATEMENTS FOR PUBLIC REVIEW; RECORD RETENTION 1. The City Clerk's system shall make all the data filed available on the City's webpage in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the City's webpage shall not contain the street name and building number of the persons or entity representatives listed oh the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk's office shall make a complete, unredacted copy of that statement, including any street names, building numbers, and bank account numbers disclosed by the filer, available to any person upon request. 2. The City Clerk's office shall maintain, for a period of at least 10 years commencing for the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits and any other legal purpose. SECTION 4: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of thls act are severable. SECTION 5: The online filing system shall include a procedure for filers to comply with the requirement that they sign statement and reports under penalty of perjury pursuant to Section 81004 of the Government Code_ SECTION 6: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adop1ion of this Ordinance and cause it, or a summary of it, to be published with the names of the City Council members vot1ng for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway held the 19th day of September, 2023, and thereafter. 6 of7 September 19, 2023, Item #5 Ordinance No Page4 PASSED AND ADOPTED at a Regular Meeting of said City Council held the 3rd day of October 2023, by the following vote, to wit AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 7 of7 September 19, 2023, Item #5 September 19, 2023, Item #6DATE: TO: FROM: CONTACT: SUBJECT: summary: AGENDA RE PO RT City of Poway September 19, 2023 Honorable Mayor and Members of the City Coun~, A Robert Manis, Director of Development Services f"'" Hector Salgado, Senior Planner \\-•) 858-668-4656 or hsalgado@poway.org CITY COUNCIL Conditional Use Permit (CUP) 23-0004, a request to amend CUP 94-001 to allow the modification of an existing carwash/lube and tune complex located at 14713 Pomerado Road in the Twin Peaks Plaza and finding that no further CEQA review is necessary The applicant is requesting to amend CUP 94-001 to allow the modification of an existing carwash/lube and tune complex at 14713 Pomerado Road in the Commercial General (CG) zone. The project involves the demolition of an existing 2,005-square-foot lube and tune facility and installation of 16 new vacuum stalls and two pay stations. Recommended Action: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A) approving CUP 23-0004 for the modification of CUP 94-001 and finding that no further CEQA review is necessary. Discussion: The applicant is David Younan, and the property owner is Mehrhoff Family Trust. The subject property is located at 14713 Pomerado Road in the Twin Peaks Plaza at the northeast corner of Pomerado Road and Ted Williams Parkway within the CG zone (Attachment B). Surrounding land use consists of the Outback Steakhouse to the west, Target to the north, Leslie's Pool Supplies and Luna Grill to the east, and Arbolitos Park to the south. On April 5, 1994, the City Council adopted Resolution P-94-18 (Attachment C) approving CUP 94-001 and Development Review (DR) 94-001 to construct a 4,789-square-foot automobile service complex consisting of a full-service carwash, auto detailer and lube/tune service (Attachment D). The approval of CUP 94-001 and DR 94-001 included an Environmental Assessment and the initial study i~entified mitigation measures which reduced the impacts to a level of insignificance. The City Council approved a Negative Declaration with mitigation measures, which were included as conditions of approval in Resolution P-94-18. On February 22, 2000, the City Council approved an amendment to CUP 94-001, which allowed for the installation of a smog test station within one of the two work bays being used 1 of 21 September 19, 2023, Item #6The proposed modification to the automotive service complex will allow the carwash to operate as a self-service carwash. The applicant proposes to demolish the existing 2,005-square-foot lube and tune facility located on the northeast portion of the property and install 16 new vacuum stalls and two new pay stations to the west as conceptually shown in the site plan (Attachment E). The proposed vacuums will be white with red in color and approximately 12 feet tall (Attachment F). The applicant will be required to enhance the existing landscaping to provide visual relief of the proposed vacuums, as seen from Ted Willams Parkway. A noise study was prepared by Rincon Consultants, Inc. to evaluate noise generated by the new vacuum stalls. Two motors are required to power all 16 vacuums and the majority of noise from the vacuums would be due to the motors, however, both motors would be housed inside the existing building. The nozzles themselves are not a substantial source of noise. Considering the interior placement of the motors and the nozzles are not a substantial noise source, the noise study concluded that the vacuum noise levels at the car wash would not exceed the City of Poway Municipal Code (PMC) commercial noise standards. Environmental Review: The project was found to be consistent with the Mitigated Negative Declaration (MND) approved by the City of Poway on April S, 1994, for CUP 94-001, in that the proposed project will not result in any new significant impacts or impacts that would be substantially more severe than those identified in the 1994 MND. Pursuant to CEQA Guidelines Section 15162(b), the City of Poway may rely on the 1994 MND and determine that no further documentation is required. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on September 7, 2023. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Resolution P-94-18 D. Existing Site Plan E. Proposed Site Plan F. Vacuum Specifications Reviewed/ Approved By: Assistant City Manager 2 of 21 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager September 19, 2023, Item #6RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 23-0004; A MODIFICATION OF CONDITIONAL USE PERMIT 94-001 TO DEMOLISH AN EXISTING LUBE AND TUNE FACILITY AND INSTALL 16 VACUUM STALLS AT AN EXISTING CARWASH LOCATED AT 14713 POMERADO ROAD; ASSESSOR PARCEL NUMBER: 314-710-33 WHEREAS, Conditional Use Permit (CUP) 23-0003, submitted by David Younan, applicant, a request to amend CUP 94-001 to allow the modification of an existing carwash/lube and tune complex at 14713 Pomerado Road in the Commercial General (CG) zone. The project involves the demolition of an existing 2,005-square-foot lube and tune facility and installation of 16 new vacuum stalls and two pay stations; WHEREAS, on April 5, 1994, the City Council adopted Resolution No. P-94-18 approving the construction of an automobile service complex consisting of a full-service car wash, auto detailer and lube/tune service; WHEREAS, on February 22, 2000, the City Council adopted Resolution No. P-00-16 approving CUP 94-001 (M), allowing a smog test station within one of the two work bays used for auto detailing; WHEREAS, on September 19, 2023, the City Council held a duly advertised public meeting to solicit comments from the public, both for and against, relative to this application; WHEREAS, Section 17.48.070 of the Poway Municipal Code (PMC) establishes findings required for granting a Conditional Use Permit; and WHEREAS, the City Council has read and considered the agenda report for the proposed Conditional Use Permit request and has considered other evidence presented at the public meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The project was found to be consistent with the Mitigated Negative Declaration (MND) approved by the City of Poway on April 5, 1994, for CUP 94-001, in that the proposed project will not result in any new significant impacts or impacts that would be substantially more severe than those identified in the 1994 MND. Pursuant to CEQA Guidelines Section 15162(b), the City of Poway may rely on the 1994 MND and determine that no further documentation is required. Applicable mitigation measures are included in the conditions of approval. SECTION 2: The findings, in accordance with Section 17.48.070 of the PMC, to approve CUP 23-0004, are made as follows: A. The proposed project is consistent with the General Plan in that the plan designates this site for commercial uses. 3 of 21 ATTACHMENT A September 19, 2023, Item #6Resolution No. 23-Page 2 B. The location, size, design, and operating characteristics of the proposed use is compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the use will be located within an existing shopping center which is separated by a major arterial roadway and large grade separation. C. That the scale, bulk, coverage and density is consistent with adjacent uses, in that all development standards of the zoning ordinance are met, and the project does not exceed the square footage anticipated by the original development plan for the center. D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use as all facilities and services can be provided for through the conditions of approval. E. There will not be a harmful effect upon desirable characteristics within the commercial center in that the use will be consistent with the existing CUP. F. The generation of traffic will not adversely impact the capacity -and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that there will be no increase in traffic based upon the expansion of the use. G. That the site is suitable for the type and intensity of use and development in that the site is located within an existing commercial development zone (CG) which permits the operation of a carwash when regulated by a conditional use permit. H. That there will not be significant harmful effects upon the environmental quality and natural resources, in that conditional of approval require mitigation measures to minimize impacts on the environment. I. There are no relevant negative impacts of the proposed use that cannot be mitigated. J. That the impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the expansion and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, in that the site has adequate parking to accommodate the expansion of the veterinary clinic and all activities will occur within the existing commercial building. K. That the proposed conditional use will comply with each of the applicable provisions of this Title. SECTION 3: The City Council hereby approves CUP 23-0004 as shown on the site plan incorporated herein by reference and stamped as "Exhibit A" and dated August 30, 2023, on file in the Development Services Department, except as noted herein, subject to the following conditions: A The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, 4 of 21 September 19, 2023, Item #6Resolution No. 23-Page 3 void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this CUP shall apply only to the subject project and shall not waive compliance with all other sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance. C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with reasonable use and enjoyment of surrounding uses. E. The conditions of CUP 23-0004 shall remain in effect for the life of the subject structure and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. F. · CUP 23-0004 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. G. The facility shall be operated in such a manner that it does not create odor in such quantities as to be readily detectable beyond the boundaries of the site. H. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels. I. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of trees and protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. J. All roof appurtenances, including air conditioners, shall be architecturally intergraded, screened from view and sound buffered from adjacent properties and streets as required the Development Services Department. K. A minimum of 24 feet wide emergency access shall be provided, maintained free and clear at all times during construction in accordance with the Fire Department requirements. L. The existing reclaimed water system shall be fully operational. It shall satisfy all current and regional requirements for water conservation to the satisfaction of the Engineering Department and Building Department. 5 of 21 September 19, 2023, Item #6Resolution No. 23-Page 4 M. No outdoor storage, display or activities shall occur onsite except through approval of the appropriate permits. N. The activities of the facility shall not occur in such a manner as to create adverse impacts on the circulation and parking on surrounding streets. 0. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise and shall comply with noise standards contained in Chapter 8.08 of the PMC. At no time, shall noise from any source exceed the noise standards defined in the PMC. P. Prior to opening of business, the Applicant shall apply to obtain a Business Certificate through the Customer Services Department of the City of Poway. Prior to a business Certificate, the Applicant shall comply with the following: Q. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. R. Any signs proposed for the project shall be designed in accordance with the Sign Ordinance and the comprehensive sign program for Twin Peaks Plaza. The necessary Sign Permit(s) and Building Permit(s) approvals for signage shall be obtained prior to installation. S. The applicant shall obtain a Building Permit associated with the proposed project. Prior to issuance of a Building Permit, the applicant shall comply with the following: 6 of 21 1. The applicant shall comply with the latest adopted building and electric codes, and all other applicable codes and ordinances in effect at the time of the Building Permit issuance. 2. Accessible parking spaces and access aisles are required to be level (maximum 1 :48 slope) in all directions to provide a surface for wheelchair transfer to and from vehicles. 3. The development shall comply with the current addition of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety requirements. (Engineering) 4. The curb ramp at the southeastern corner of the site (at the driveway entrance from Ted Williams Parkway) is required to be updated to be compliant with the current Americans with Disabilities Act (ADA). Show the existing curb ramp on the site plan to be removed and replaced with a San Diego Regional Standard curb ramp that works for this situation. The adjacent cross-gutter spandrel will also be required to be replaced and needs to show this on the plan as well. September 19, 2023, Item #67 of 21 Resolution No. 23-Page 5 5. The applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 6. The applicant shall pay the storm water pollution inspection fee and minimum erosion control deposit according to the latest adopted master fee schedule. 7. Water Quality Control -Design and Construction The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Standard Development Project and will be subject to all City and State requirements. A Standard Project SWQMP is to be submitted, consisting of the forms listed in the Poway BMP Design Manual, Section 8.1.1. 8. The property owner shall execute an approved Storm Water Trash Facilities Maintenance Agreement (SWTFMA) accepting responsibility for all structural Best Management Practices (BMPs), perpetual maintenance, repair and replacement as outlined in the Operations and Maintenance Plan. The SWTFMA requires an easement granted to the City of Poway. The applicant shall submit 8.5 by 11-inch exhibits of the legal description, site plan, operations and maintenance plan, and easement plat and legal (if applicable) to the project engineer for approval. 9. The applicant shall be required to install trash treatment control devices inside all existing and proposed private storm drain grated inlet structures onsite. The devices shall be called out on the plans. Acceptable devices can be found at https:/ /poway. org/Docume ntCenterNiew/9394/E DD-Certification-of-Trash-Fu II-Captu re-S ystems-J une-2023 10. The applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 11. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 12. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. (Planning) 13. The landscape area at the southeastern corner of the site (at the driveway entrance from Ted Williams Parkway) shall be rehabilitated and the applicant is required to plant trees and/or shrubs to soften the appearance of the proposed vacuums. 14. Landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the owner. 15. All parking stalls shall be double striped. September 19, 2023, Item #6Resolution No. 23-Page 6 16. Parking lot lighting and security lighting shall comply with Chapter 17 .10.150(H) of the PMC. T. Prior to Final Inspection: (Engineering) 1. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 2. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy. 3. The applicant shall install approved trash treatment devices per the Storm Water Trash Facilities Maintenance Agreement to the satisfaction of the Engineering Inspector. 4. An adequate drainage system capable of handling and disposing all surface water at the project site shall be provided to the satisfaction of the Engineering Inspector. 5. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project. (Planning) 6. The site shall be cleared of all construction materials, supplies, and equipment. The landscaping shall be kept in a thriving condition. 7. Any missing, dying or dead landscaping shall be replaced and shall be adequately irrigated and permanently and fully maintained by the Property Owner at all times. SECTION 4: The approval of CUP 23-0004 shall expire September 19, 2025, at 5:00 p.m., unless prior to that time a Building Permit has been issued and construction has commenced on the property unless prior to the expiration, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. SECTION 5: Resolution No. P-94-08 approving CUP 94-01 and Development Review (DR) 94-01 for the construction of an automobile service complex consisting of a full-service car wash, auto detailer and lube/tune service at 14713 Pomerado Road is hereby rescinded, effective upon recording of covenant. SECTION 6: Resolution No. P-00-16 approving CUP 94-01 (M) the smog test station at 14713 Pomerado Road is hereby rescinded, effective upon recording of covenant. SECTION 7: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. 8 of 21 September 19, 2023, Item #6Resolution No. 23-Page 7 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 19th day of September 2023, by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 9 of 21 September 19, 2023, Item #6RR-C 10 of 21 Subject Location: APN 314-710-33 • NORTH 0 OS-RM OS-R City of Poway Zoning/ Location Map Item: CUP23-0004 250 500 1,000 •--· -.iiiiiiiiiiiiiiiiiiii ■------· .____ _ _____ ___, Feet ATTACHMENT B September 19, 2023, Item #6RESOLUTION NO. P-94-18 A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL US[ PERMIT 94-01 AND DEVELOPMENT REVIEW 94-01 ASSESSOR'S PARCEL NUMBER 314-710-33 WHEREAS, Conditional Use Permit 94-01 and Development Review 94-01, submitted by Craig Richie, applicant, requests approval for construction of an automobile service complex consisting of a full service car wash, auto detailer and lube/tune service on Pad H of Twin Peaks Plaza, 1ocated adjacent to Ted Williams Parkway between Twin Peaks Road and Pomerado Road, in the CG (Commercial General) zone; and WHEREAS, on April 5, 1994, the City Council held a duly advertised public hearing to obtain testimony both pro and con on the above-referenced item. 11 of 21 NOW, THEREFORE, the City Council does hereby resolve as fo1lows: Section 1: Environmental Findings: The City Council finds that this project will not have a significant adverse impact on the environment and hereby issues a Negative Declaration with mitigation measures as contained in the conditions of approval. Section 2: Findings: Conditional Use Permit 94-01: l. 2. 3. 4. 5. The proposed project is consistent with the General Plan in that the plan designates this site for commercial uses. That the location, size, design and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, in that the use will be located within an existing shopping center which is separated from other land uses by a major arterial roadway and large grade separation. That the scale, bulk, coverage and density is consistent with adjacent uses, in that all development standards of the Zoning Ordinance are met and the project does not exceed the square footage anticipated by the original development plan for the center. That there are available public facilities, services and utilities to serve the proposed use as a 11 facilities and services can be provided for through the conditions of approval. That there will not be a harmful effect upon desirable neighborhood characteristics, in that architectural design will be compatible with the adjacent center buildings. ATTACHMENT C September 19, 2023, Item #612 of 21 Resolution No. P-94-18 Page 2 6. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element in that a condition of approval will require the payment of Traffic Mitigation Fees and provisions of allocation of a portion of the center's common parking to satisfy this project's need for off-street parking. 7. That the site is suitable for the type and intensity of use and development proposed in that the site is located within an existing commercial development in a zone (CG) which permits the operation of auto related uses when regulated by a conditional use permit. 8. That there will not be significant harmful effects upon the environmental quality and natural resources, in that the site has been graded for several years and the conditions of approval require mitigation measures to minimize impacts on the environment. 9. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. 10. That the impacts, as described above, and the location of the proposed use will not adversely affect the City of Poway General Plan for future as well as present development. Development Review 94-01: 1. That the proposed project is in conformance with the Poway General Plan, in that auto services are allowed in the commercial zone with approval of a conditional use permit. 2. That the proposed project will not have an adverse aesthetic, health, safety or architecturally related impact upon adjoining properties, as noted under the findings in the preceding section. 3. That the proposed project is in compliance with the Zoning Ordinance, in that all development standards will be met in development of the project. 4. The proposed project encourages the orderly and harmonious appearance of structures and property within the City because it complies with the design guidelines of the General Plan and proposes structures that are similar in architectural style to other commercial buildings in the surrounding shopping center. Section 3: City Council Decision: The City Council hereby approves Conditional Use Permit 94-01 and Development Review 94-01, subject to the following conditions: September 19, 2023, Item #6Resolution No. P-94-18 Page 3 Within 30 days of approval (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and commercial uses. This conditional use permit shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to address concerns that may have occurred during the past year. If the permit is not in compliance with the conditions of approval, or the Planning Services Department has received complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification or revocation of the use permit. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. SITE D~YELOPMENT I. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. 3. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 4.* Trash receptacle shall be enclosed by a six foot high masonry wall with view-obstructing gates pursuant to City standards. Location and appearance shall be subject to approval by the Planning Services Department. 5. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view and sound buffered from adjacent properties and streets as required by the Planning Services Department. 6. Prior to any use of the project site or business activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 7. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. 13 of 21 September 19, 2023, Item #6Resolution No. P-94-18 Page 4 8. No work related to the lube/tune operation shall be conducted outside the work bays. 9. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. PARKING AND VEHICULAR ACCESS 1. All parking lot landscaping shall include a minimum of one 15 gallon size tree for every three spaces. For parking lot islands, a minimum 12 inch wide walk adjacent to parking stalls shall be provided and be separated from vehicular areas by a six inch high, six inch wide portland concrete cement curb. 2. Parking lot lights shall be low pressure sodium and have a maximum height of 18 feet from the finished grade of the parking surface and be directed away from all property lines, adjacent streets and residences. 3. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum of 24 feet wide emergency access shall be provided, maintained free and clear at all times during construction in accordance with Safety Services Department requirements. 4. All parking spaces shall be double striped. LANDSCAPE IMPROVEMENTS 1. Complete landscape construction documents shall be submitted to and approved by the Planning Services Department prior to the issuance of building permits. Plans shall be prepared in accordance with City of Poway Guide to Landscape Requirements {latest edition). 2. A Master Plan of the existing on-site trees shall be provided to the Planning Services Department prior to the issuance of building permits and prior to grading, to determine which trees shall be retained. 3. Existing on-site trees shall be retained wherever possible and shall be maintained in a horticulturally acceptable manner. Dead, decaying, or potentially dangerous trees shall be approved for removal at the discretion of the Planning Services Department during the review of the Master Plan of existing on-site trees. Living trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the Planning Services Department. 14 of 21 September 19, 2023, Item #6Resolution No. P-94-18 Page 5 4. Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the City of Poway Guide to Landscape Requirements and shall be planted at an average of 30 feet on center spacing along all streets. 5. A minimum of 60 trees per gross acre, comprised of the following sizes; shall be provided within the development: 20% -24" box or larger; 70% -15 gallon, and 10% -five gallon. Trees shall be planted to the satisfaction of the Director of Planning Services and in accordance with the approved landscape construction documents. 6. Landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the owner. 7. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.· The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. SIGNS Any signs proposed for this development shall be designed and approved in conformance with the City Sign Ordinance and the comprehensive sign program for Twin Peaks Plaza. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. GRADING 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work: 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 4. The final grading plan, prepared on a standard size sheet of mylar, shall be subject to review and approval by the Planning and Engineering Services Departments and shall be completed prior to issuance of a grading permit. 5. The grading plan shall be at a maximum scale of 1"=20'. 6. All new slopes shall be a minimum of 2:1 (horizontal to vertical). 15 of 21 September 19, 2023, Item #6Resolution No. P-94-18 Page 6 7. A fi na 1 compact 1 on report sha 11 be submitted and approved prior to issuance of bu;lding permits. 8. Site grading shall be certified by the project civil engineer prior to issuance of building permits. 9. Buildings and parking lots shall be at least five feet from tops and toes of slopes. 10. Non-supervised nor non-engineered fill is specifically not allowed. Rock disposal areas shall be graded in compliance with City-approved soils investigations and recommendations and grading plans. 11. Erosion control, including, but not limited to desiltation basins, shall be installed from October 15th to April 15th. An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The developer shall make provisions to insure the proper maintenance of all erosion control devices throughout their intended life. STREETS AND SIDEWALKS I. The existing fire hydrant shall be relocated. The existing easement associated with the fire hydrant sha 11 be vacated and a new easement dedicated and appropriate fees paid prior to building permit issuance. 2. The main driveway entrance off Ted Williams Parkway shall be maintained at a minimum width of 30 feet clear. 3. There shall be a minimum of 75 feet along the access road centerline from the existing curb line to the southerly opening of the dry off area. 4. Prior to any work being performed in the public right-of-way, a right-of-way permit shall be obtained from the Engineering Services Department and appropriate fees paid, in addition to any other permits required. 5. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Engineering Services. UTILITIES 1. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of Poway and the County of San Diego Department of Health. 2. Existing telephone, gas, electric, and all other public utilities and appurtenances shall be shown on the grading/private improvement plans. 16 of 21 September 19, 2023, Item #6Resolution No. P-94-18 Page 7 3. Development fees, such as sewer, water, drainage and traffic mitigation fees, shall be paid prior to building permit issuance. 4.* A floor drain system shal1 be designed and installed in the lube/tune building which captures all fluids which reach the floor surface. The system shall include an oil separator/clarifier meeting all City and County standards regarding the disposal of hazardous waste. 5.* An Industrial Waste Discharge Permit will be required to be acquired through the Engineering Services Department but from the City of San Diego, to permit water to be discharged from the complex into the METRO system. The subject permit shall be acquired prior to building permit issuance. 6.* A reclaimed water system shall be designed and installed in the car·wash. It shall satisfy all current local and regional requirements for water conservation to the satisfaction of the Engineering Services Department and the Building Department, prior to building permit issuance. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. 1. The buildings shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be six (6) inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff Department ASTREA criteria. 2. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. 3. An Emergency Contingency Plan and Hazardous Materials Disclosure shall be filed with the County of San Diego Department of Health and copies provided to the Fire Department. 4. A "Knox" Security Key box shall be required for the building at a location determined by the City Fire Marshal. A "Knox" padlock shall be required for the fire sprinkler system Post Indicator Valve. 5. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. 6. A minimum 2A:10BC fire extinguisher is required for every 3,000 square feet and 75 feet of travel distance. 17 of 21 September 19, 2023, Item #6Resolution No. P-94-18 Page 8 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 5th of April, 1994. ATTEST: STATE OF CALIFORNIA COUNTY OF SAN DIEGO ~~:+J . . Don Higginson,~ -) ) ss. ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-94-18, was duly adopted by the City Council at a meeting of said City Council held on the 5th day of April , 1994, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON 18 of 21 NOES: NONE ABSTAIN: NONE ABSENT: NONE J-1,Lu,l~~ k /Ucv~>:,i~ Marjorie'K. Wahlsten, City Clerk City of Poway ' -... -· September 19, 2023, Item #6,----------------------,-.. _,,,,.--'-,/ _,,,., ,,,,--,,,,.--Q AUTO CAR WASH I CUP APPLICATION 1 •713 POMEFIAOO ROAD POWAY. CA D20~ i -;r,~ ,,,,.,,/ -«",, Q .,.,,_.d'. ACRM ARCHITECTS+ INIERIORS www.oermo.eom 1045 141h Strccl Svlle 100, Son Diego, Coll0<nlo 92101.5701 ✓--,✓---; ARCHITECT$ + INTERIOR$ Fox. 619 .398,3488 September 19, 2023, Item #6§ ~ ~ p p )> ~ ~ R ;;I ~ ..... ... r • A ► . t,,.) ;c g 20 of 21 -"CRM -"RCHITfC1$ + INl~RIORS I p I :,, ,:l'r. { AUTO CAR WASH 'i' , ',Ii !;i;•l•lt i CUP APPLICATION • '\ ·> -\;i,,,(;: ! 1◄7U POMERADO ROAD ft' :,•j•. If POWAY. CA 8206◄ ,I 1l:1l jk·,:, I.'![ ENT E F! , ' 1" www.oerma.com 1045 141h Slreel Suite 100. Son Diego, Collomla 92101.5701 :.'·:~-.:-.\\ :·.:,:: :·.: .. m1 ii; \ / >/ / .> / /\./ /"\,/ / ARCHITECIS + INIERIORS m Telephone 619.398.3◄80 Fox. 619.398.3◄88 September 19, 2023, Item #6NOTE 1: ALL GREY COMPONENTS/ELEMENTS 1..1.11----------rlsHOWN SH"'-LBEWHITEINCOLOI< I~ ,_ _____ -+---168-3/16------------t TOWEL~ fl' STORAGE ■ I I.ED LIGHT fOPTIONAlJ--..__ ~ (OPTIONAL) .., ::::: -0 ... -u SPECH:ATIOII; MAfl aeo·0: llfffRTO MA!mAL UST S1ZE l1£Ql): AS 5IIOWH REVISl()f(S O'IYREQ'O: 1 ASYMSI.Y REV. NO. I ORIG. I CIWIGt DESCRIPTIOH DATf RE0.11Y LL. 1-z w :;E :c u <t !-!NOTE 2: MAT RACK, GARBAGE CANISTE AND BASE PLATE SHALL BE RED AS SHOWN. Ult.ESlOIHSIWISEl?KRD I OM&<SI0:6A1Ut IO!ll 11~±1/16 I liOl'IE~ ,m COOFOelllAl DENORMAllOH CONTAMl>tl THIS $□ EuROVAC ~.-».M-:et. M01!1o110tt<WA&0.(.AM.li(a .. ID 14' EXTENDED VACUUM ARCH DRAWN;51Hi'SOI.EfliOP!fflQ' ~r ,,..,, i--· ''" EIHIOVAC.AHYl16'llOOIJCOONIIP JC. C.11. C.& 09/051'12 ~~~=~WfflfN MJ~ jMC PROHl!IIED. DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway September 19, 2023 Honorable Mayor and Members of the City c_�yncil Eric Heidemann, Director of Public Works 7 \A' Shadi Sarni, Principal Civil Engineer, Public Works - Utilities (858)668-4717 or ssami@poway.org c;s. CITY COUNCIL Award of Contract to Gateway Pacific Contractors, Inc.; Approval of Agreement to United Guard Services, Inc., for Security Services, for the Lester J. Berglund Water Treatment Plant Clearwell Replacement Project; Bid No. 23-009 and the Appropriation of Water Revenue Bonds, Series 2023A Proceeds To improve the reliability, redundancy and resiliency of the City of Poway's (City) potable water system, the City embarked on a significant capital improvement program referred to as the Water Infrastructure Improvement Program (Program). The Program includes bypassing the ten million-gallon (1 O MG) storage reservoir (the Clearwell) at the Lester J. Berglund Water Treatment Plant to enable its replacement; replacing the Clearwell with two four-million-gallon (4 MG) prestressed concrete tanks; and establishing a new San Diego County Water Authority treated water connection including a flow control facility, a turnout structure, a pump station, a forebay tank and a transmission pipeline providing redundancy to the existing single pipeline on Lake Poway Road. The Program has been discussed at City Council meetings on several occasions. The Program was brought to the City Council as an informational item, to provide updates and to request approval of the various components on March 18, 2020; June 16, 2020; October 20, 2020; November 17, 2020; March 16, 2021; April 20, 2021;June 1, 2021;July 20, 2021; August 17, 2021; April 5, 2022; October 18, 2022; February 7, 2023; May 16, 2023; and August 15, 2023. The first project in the Program, the Clearwell Bypass Project, consisting of above and below ground pipelines, a temporary pump station, a temporary pressure regulating station and two temporary bolted-steel tanks was completed in September 2022. The bypass system was tested and has been successfully operating since November 2022. This infrastructure has enabled bypassing the existing Clearwell and has facilitated taking it offline for replacement. The Clearwell Replacement Project will replace the aging reservoir with two 4 MG circular prestressed concrete tanks. The dual tanks provide redundancy and operational flexibility, allowing one tank to be taken offline for future maintenance and repairs while the other provides continuous, uninterrupted service. The prestressed concrete tanks also provide superior quality and a longer asset life. With this project, the overflow structure will also be brought to industry standards with proper air gaps, per the mutual agreement with the State Division of Drinking Water. 1 of 31 September 19, 2023, Item #7 The design was finalized, and the project advertised for bids on May 11, 2023. The targeted construction start date is Fall 2023 and the targeted construction end date is Fall 2026. The project includes restoration of the softball field at the Lake Poway Recreation Area. The tanks will be operational early Spring 2026. To facilitate efficient movement of contractors working on-site on the Clearwell Replacement Project, the entry gate at the Public Works Maintenance and Operations Facility will be left open during working hours for the duration of the construction project. To ensure security and safety at the Public Works Maintenance and Operations Facility and the construction site, the services of a qualified security service contractor are required. The City requested quotes from qualified security services contractors to provide uniformed services to the regularly secured Public Works Maintenance and Operations Facility entry gate. Recommended Action: It is recommended the City Council: 1)Award a contract for the Lester J. Berglund Water Treatment Plant Clearwell Replacement Project to Gateway Pacific Contractors, Inc., the lowest responsible bidder, in the amount of $31,646,023.00; 2)Approve the security service agreement with United Guard Services, Inc., determined the best value, in the estimated total amount of $148,200; 3) Appropriate Water Revenue Bonds, Series 2023A proceeds in the amount of $37.6 million to the Clearwell Replacement Project (WTR0027); 4)Appropriate Water Revenue Bonds, Series 2023A proceeds in the amount of $500,000 to the Treated Water Facilities Projects (WTR0028 and WT040); and 5)Authorize the City Manager to execute the necessary documents. Discussion: The Clearwell Replacement Project will replace an existing 10 MG potable water storage facility that stores the water treated at the Lester J. Berglund Water Treatment Plant, prior to discharge into the water distribution system. The Clearwell was built in 1964 and has reached the end of its useful life. A bypass system has been installed to facilitate the replacement of the Clearwell. The Clearwell Replacement Project includes, but is not limited to the following elements: 1.Demolition, removal, and disposal of the existing Clearwell, including the floating cover and liners, asphalt planks, inlet/outlet structures, and appurtenances. 2.Demolition, removal, and disposal of the existing temporary bypass system after commissioning of the two 4 MG prestressed concrete tanks. 3.Site earthwork consisting of mass grading, rock removal, and subgrade preparation. 4.Construction of two 4 MG circular prestressed concrete tanks for potable water storage and associated appurtenances. 5.Construction of concrete retaining walls. 6.Tank piping consisting of inlet piping (36-inch and 24-inch), outlet piping (36-inch), overflow piping (20-inch and 24-inch), drain piping (12-inch), underdrain system, and an inlet piping sample line for future connection. 2 of 31 September 19, 2023, Item #7 7.Outlet valve vault, drain vault, and disinfection vault. 8.Relocation of 48-inch and 36-inch storm drains and other site storm drain improvements. 9.Tank site security consisting of a camera and radio transmission system to convey signals to existing water treatment plant security system. 10.Underground storm water treatment system and associated storm drain improvements. 11.Civil site improvements including final grading and paving, curb, gutter, sidewalk, fencing, gates, site drainage features, and biofiltration basins. 12.Electrical improvements for site lighting and receptacles. 13.Instrumentation for water level monitoring, intrusion alarms, and Supervisory Control and Data Acquisition (SCADA) for telemetry to the water treatment plant. 14.Restoration of the softball field at the Lake Poway Recreational Area. 15.Landscape improvements adjacent to the Clearwell, Public Works Administration Building, and the City Operations Yard. 16.Coordination with City Public Works Department and water treatment plant operations for scheduling valve closures to isolate pipelines and water treatment plant shutdowns and other coordination as necessary to accomplish the work of the project. 17.Ancillary work including mobilization/demobilization, bonds, permits, temporary erosion control including a Storm Water Pollution Prevention Plan (SWPPP), utility potholing, and traffic control. Public Works staff coordinated the timing of construction of this project with Community Services staff and has limited the construction staging areas to minimize disruptions to Lake Poway Recreational Area. Construction operations are expected to begin in Fall 2023. Three (3) staging areas have been designated for storage of the contractor's equipment and/or material. Staging area #1 is the employee parking lot, west of the Public Works Operations Building. Staging area #2 is at the location of the temporary tanks. Staging area #3 is the parking lot adjacent to the volleyball court at Lake Poway Recreation Area. Construction hours have been designated as 7:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays. The construction duration is 740 working days from the date of the Notice to Proceed. Bids were opened on June 22, 2023. The lowest responsible bid falls within the engineer's estimate of $30,000,000.00 to $35,000,000.00. The following three (3) bids were received: Company Bid Amount Gateway Pacific Contractors, Inc. $31,646,023.00 Pacific Hydrotech Corporation $36,995,700.00 Walsh Construction Company 11, LLC $45,882,918.00 A copy of the construction contract is included as Attachment A (complete bid documents are available upon request). The contract will be executed after approval of award of the contract by the City Council. 3 of 31 September 19, 2023, Item #7 The City received three (3) quotes for security services to the Public Works Maintenance and Operations Facility entry gate related to the Clearwell Replacement Project. Based on qualifications and experience, staff determined United Guard Services, Inc., to be the company providing the best value to the city at $23.75 per hour. For reference, ASAP Security quoted $27.36 per hour and City Wide Protection Services quoted $34.00 per hour. The length of agreement for security services will be for one (1) year beginning November 1, 2023, through October 31, 2024. The agreement may be extended for up to two (2) additional one-year terms. The annual estimated cost for services is $49,400.00. The project is expected to be completed in the Fall of 2026. The total contract agreement is estimated at $148,200.00. A copy of the agreement is included as Attachment B. The security services' primary scope is to monitor entries and exits into the Public Works Maintenance and Operations Facility entry gate, patrol the property and report suspicious behavior, misconduct, safety concerns, and irregularities to the Director of Public Works or designee, and law enforcement as appropriate. The total project construction cost estimate of $37.6 million includes a $2.0 million contingency for contract change orders, $2.64 million for construction management and inspection services, and $1.31 million for program management, engineering services, security services and other project related required costs. Environmental Review: The award of the contracts and appropriation of water revenue bonds are not subject to environmental review. Fiscal Impact: On August 15, 2023, the City Council/Public Financing Authority Board of Directors authorized the issuance of Water Revenue Bonds, Series 2023A to provide funding for the construction of the Clearwell Replacement Project and for planning and design costs for the Poway Treated Water Facilities projects. The bonds were sold on August 27, 2023, and the transaction closed and funded on September 15, 2023, providing $37.6 million in funding for the Clearwell Replacement Project and $500,000 for the Poway Treated Water Facilities projects. In order to spend the funds, the City Council must appropriate the bond proceeds as included in the recommended action on Page 2 of this report. Public Notification: None. 4 of 31 September 19, 2023, Item #7 Attachments: A.Construction Contract B.Security Agreement Reviewed/ Approved By: Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney Approved By: c� City Manager 5 of 31 September 19, 2023, Item #7 SECTION 7 CONSTRUCTION CONTRACT CITY OF POWAY LESTER J. BERGLUND WATER TREATMENT PLANT CLEARWELL REPLACEMENT PROJECT (WTR0027) This Contract made and entered into this 19th day of September, 2023, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Gateway Pacific Contractors, 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 incorporated herein by this reference, and include: a.This Contract b.Contract Addenda c.Contract Change Orders d.Special Provisions, including Bid Forms and Bonds e.Technical Specifications f.Contract Plans g.Standard Specifications h.Approved and fully executed Change Orders 1.Any other documents contained in or incorporated into the Contract 2.The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all. 3.Contractor shall provide and furnish all labor, materials, necessary tools,expendable equipment, and all utility and transportation services required for theClearwell Replacement Project, as described in Section 2 of the Special Provisions. 4.Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer,the work hereinafter set forth in accordance with the Contract adopted by the CityCouncil. ATTACHMENT A 6 of 31 September 19, 2023, Item #7 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 Thirty-One Million, Six Hundred Forty-Six Thousand, Twenty-Three Dollars and Zero Cents ($31,646,023.00) the "Contract Price." City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions. 6.Contractor agrees to commence construction of the work provided for herein withinFifteen (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 Seven Hundred Forty (740)Working Days after the date specified in the Notice to Proceed. Contractoralso agrees to complete construction and commissioning of the clearwell facility within Five Hundred Seventy (570) Working Days after the date specified in the Notice to Proceed. 7.Time is of the essence of this Contract, and it is agreed that it would beimpracticable or extremely difficult to ascertain the extent of actual loss or damagewhich 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: Five Thousand Dollars ($5,000) per Calendar Day, for each and every Calendar Days delay in finishing the work in excess of thenumber of Working Days prescribed above to complete construction and commissioning of the clearwell facility; and Two Thousand Dollars ($2,000) per Calendar Day, for each and every Calendar Days delay in finishing the work inexcess of the number of Working Days prescribed above to complete construction. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. 8.In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term ofthis Project. Contractor shall notify the City in writing immediately, and in no casemore than twenty-four (24) hours, after receiving any information that Contractor's or any of its subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. 9.Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wageestablished 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 7 of 31 September 19, 2023, Item #7 projects. Travel and subsistence pay shall be paid in accordance with Labor Code §1773.1. 10.Contractor shall be subject to the penalties in accordance with Labor Code § 177 5 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. 11.Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and§ 1812 which stipulates that the Contractor and subcontractors shall keep an accuraterecord showing the name of and actual hours worked each calendar day and eachcalendar week by each worker employed by him in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813. 12.Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13.Contractor, by executing this Contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the Contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14.Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the ContractPrice 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. (Remainder of page intentionally left blank) 8 of 31 September 19, 2023, Item #7 15.a. Contractor shall procure and maintain at its own expense, until completionof performance, commercial general liability insurance of not less than Ten Million Dollars ($10,000,000) combined single limit per occurrence, and Eleven Million Dollars ($11,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor orits officers, employees, volunteers, 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" whilebodily 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, untilcompletion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than Five Million Dollars ($5,000,000) combined single limit per occurrence, and Five Million Dollars ($5,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, volunteers, agents and independent contractors in performingthe services required by this Contract. c.Contractor shall further procure and maintain at its own expense, until completion of performance, pollution liability insurance covering sudden,accidental, and gradual pollution and remediation, of not less than Five Million Dollars ($5,000,000) combined single limit per occurrence and in the aggregate, covering the Contractor or its officers, employees, volunteers, agents and independent contractors in performing the services required by this Contract. d.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 Contract is not protectedby 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 Contract. 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 todo 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. 9 of 31 September 19, 2023, Item #7 e.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 currentBest's Ratings. f.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 tothe performance of this Contract, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Contract. 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. g.In the event this Contract is terminated for any reason prior to the completion of all obligations and requirements of this Contract, Contractor agrees to maintain all coverages required herein until the City provides writtenauthorization to terminate the coverages following the City's review anddetermination that all liability posed under this Contract as to the party providing insurance has been eliminated. h.Contractor agrees and acknowledges that if it fails to obtain all of theinsurance required in this Contract 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 liabilityof any kind or nature attributable to the City, and/or its officers, officials, employees, volunteers, agents and independent contractors, that result from such failure by Contractor. 16.a. Contractor shall provide certificates of insurance with original endorsementsto 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 Contract. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance bythe 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, officials, employees,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. 10 of 31 September 19, 2023, Item #7 c.Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, officials, employees, 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 anynon-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 andnoncontributing basis in relation to any insurance or self-insurance, primary orexcess, maintained or available to the City, and its officers, officials, employees, volunteers, agents and independent contractors. 17.a. Contractor shall defend, indemnify and hold harmless the City, its officers,officials, employees, volunteers, agents and independent contractors from andagainst any and all claims, demands, actions, losses, damages, 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 anysuch claim arising out of the negligence or willful misconduct of the City, or its officers, officials, employees, volunteers, agents and independent contractors. b.The City does not, and shall not, waive any rights that it may have againstContractor 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 Contract. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies aredetermined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. 18.Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and theCity. Any time an approval, time extension, or consent of the City is required underthe Contract Documents, such approval, extension, or consent must be in writing in order to be effective. 19.The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integratedinto and superseded by this Contract. 20.In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or 11 of 31 September 19, 2023, Item #7 unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 21.The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract. 22.This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. 23.In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. 24.This Contract may be executed by the parties in counterparts, which counterpartsshall be construed together and have the same effect as if all of the parties had executed the same instrument. 25.After completion of the work contemplated by this Contract, Contractor shall filewith 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 coveringdisputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. 26.All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times andplaces, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other priorinspections. Such final inspection shall be made within a reasonable time aftercompletion 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, Contractorshall immediately give notice thereof, including all relevant information with respectthereto, to City. 28.Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 12 of 31 September 19, 2023, Item #7 29.Contractor shall submit its detailed plan for worker protection during the excavationof trenches required by the scope of the work in accordance with Labor CodeSection 6705. 30.a. Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employeeshave knowledge and reporting is possible, of the discovery of any of the following conditions: i.The presence of any material that Contractor believes ishazardous waste, as defined in Section 25117 of the Health andSafety 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 andgenerally 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 andin 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. Contractorshall retain any and all rights that pertain to the resolution of disputes and protests between the parties. 31.This Contract is to be governed by the laws of the State of California. 32.All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due 13 of 31 September 19, 2023, Item #7 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. 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. GATEWAY PACIFIC CONTRACTORS, INC. By: ----------Evan Lundin, President Contractor information: Address for Notices and Payments Evan Lundin Gateway Pacific Contractors, Inc. 8055 Freeport Blvd. Sacramento, CA 95832 Telephone Number: (916) 665-4100 Email: lundin@gatewaypacific.com ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP Alan Fenstermacher, City Attorney CITY OF POWAY a Municipal Corporation Chris Hazeltine, City Manager 14 of 31 September 19, 2023, Item #7 City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of November, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and United Guard Services, Inc., (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to provide security services for the Public Works Department; WHEREAS, Consultant is a security consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1.Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2.Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled"Special Provisions" attached hereto and made a part hereof. 3.Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4.Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. ATTACHMENT B 15 of 31 September 19, 2023, Item #7 5.Confidential Relationship. City may from time to time communicate to Consultant certain information toenable 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 documentsprepared 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 performservices 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 16 of 31 September 19, 2023, Item #7 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. "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 towhich 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 guidelinesfor 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. 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 "servingin 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. Eric Heidemann, Director of Public Works 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. 17 of 31 September 19, 2023, Item #7 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) 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'snegligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b)For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or 18 of 31 September 19, 2023, Item #7 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. (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, anyonedirectly 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 allaction 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 beconstrued to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g)The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16.Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17.Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 19 of 31 September 19, 2023, Item #7 18.Personnel. Consultant shall assign qualified and certified personnel to perform requestedservices. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19.Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20.Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the lawsof the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to 1 compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21.Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall meanthe individual or corporate consultant and any and all employees ofconsultant providing services hereunder. 22.Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts,each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 20 of 31 September 19, 2023, Item #7 23.Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24.Certification and Indemnification Regarding Public Employees'Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25.Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 21 of 31 September 19, 2023, Item #7 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 United Guard Services, Inc. By:-----------Rick Scavia, Manager Date: ___________ _ 22 of 31 September 19, 2023, Item #7 A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the security services further described in the Scope of Services 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 Scope of Services included in this document as Attachment 1. 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 November 1, 2023,and ending October 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 (2) 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 ofthe 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)Workers' Compensation insurance in statutory amount. All of theendorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2.Endorsements: 23 of 31 September 19, 2023, Item #7 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: City of Poway P.O. Box 789 Poway, CA 92074 Rick Scavia United Guard Services, Inc. 450 Fletcher Parkway, Suite 223 El Cajon, CA 92020 24 of 31 September 19, 2023, Item #7 ATTACHMENT 1 Scope of Services 1.Unarmed Security Guard Service: Each shift will be staffed by one or more uniformed, unarmed security officers. Staffing, shift times, and other details are listed in Exhibit 1, Post Instructions. These Post Instructions can be amended at any time by mutual written agreement of both Parties. 2.Compensation: City shall pay Contractor at the following rates: Standard Rate: $23.75/hour Hours must be reflected on backup documents submitted with invoices. 3.Court Appearance: If necessary, as a result of action taken by a guard performing services under the terms of this Agreement, Contractor shall ensure that the security officer makes a court appearance on behalf of the City. The City will pay the Contractor the standard hourly bill rate for the time spent in court by the guard, plus one-half(½) hour travel time each way. Hours must be reflected on backup documents submitted with invoices, where the hours will be identified as "Court Appearance." If court appearances result in guards working more than forty (40) hours per week,then overtime of one and a half (1 ½) the standard hourly bill rate will be paid bythe City. 4.City Responsibilities: The City will provide the Security Officer with the following: a.Access to a restroom b.Access to potable water c.Access to shade d.Access to a table and chair 25 of 31 September 19, 2023, Item #7 EXHIBIT 1 Post Instructions 1.Shift Details: One uniformed, unarmed security guard shall be assigned to the Public Works Maintenance and Operations Facility on the following days/times: Monday through Friday: 8:00 a.m. to 4:00 p.m. Holidays excluded. City can request a change of shift day or time two (2) weeks in advance of a schedule. If the assigned guard is available at the alternate time, the shift will be changed and charged at the standard rate. If the assigned guard is not available, an alternate guard can be assigned. 2.General Requirements: Security officers shall provide the following general services: a. Check in with the Public Works Director or designee at the beginning and end of each shift; b.Patrol on foot the Public Works Maintenance and Operations Facility, exterior areas, and overall property; c.Patrol other areas as directed if necessary; d.Maintain peace and order, as well as front-end security for the grounds and facility; e.Report suspicious behavior, instances of misconduct, safety concerns, and irregularities (to prevent losses and damage) to the Director of Public Works or designee; f.Diligently respond to patron and staff concerns; and g.Communicate with law enforcement/first responders for emergency situations. 3.Specific Requirements: Security officer's primary duty shall be to Patrol the Public Works Maintenance and Facility Operations gate and property. Security shall monitor who enters and exits the gate. Security shall only allow staff and approved contractors to enter the property. Security officer is also expected to perform the following: a.Remain alert and at their post during the hours specified in Item 1 above; b.Possess permanent State License Guard Card; c.Complete pre-assignment and on-the-job training; 26 of 31 September 19, 2023, Item #7 d.Maintain basic logs and reports skills; e.Possess fundamental customer service skills; f.Have understanding of legal authority; g.Have knowledge of common and acceptable patrol techniques; h.Possess fundamental skills for interaction with San Diego County Sheriffs and City Personnel; and i.The City may add, in writing, further basic duties as deemed necessary. Security officers report to the Director of Public Works or designee during normal business hours and under ordinary circumstances. His/her instructions are to be followed at all times. While on duty, which shall be made regardless of weather conditions, security officers will monitor the Public Works Maintenance and Operations Facilities entry gate. Security officer shall only allow access to City of Poway employees and approved contractors. Security officer shall report any unusual activity to the Public Works Director or designee. 4.Security Officer Staffing: The intent is for the same one or two security officers to patrol the area and become familiar with the facility, staff, and patrons. City reserves the right to have a security guard removed from duty if not performing up to City standards. Contractor will replace the guard as needed. 5.Contractor Responsibilities, Materials & Equipment: Contractor shall issue security officers the following: a.Company Uniforms and hard badge, along with any necessary jackets or other protective gear. b.A mobile (cellular) phone to communicate with the Contractor's office, City staff, and emergency personnel. c.All materials needed for reporting. d.Contractor shall provide· personnel background checks on all personnel and update background checks on infrastructure sites on an annual basis. e.All guards are required to wear the designated/approved security officer service uniforms. There are no exceptions. All security officer uniforms must be kept clean and professional at all times. Failure to maintain a neat, clean and professional appearance and uniform may result in removal from the work site by the security officer supervisor or the Director of Public Works/designee. Non-approved uniform attire may also result in removal from the work site. 27 of 31 September 19, 2023, Item #7 f.The Contractor must have field supeNisor(s) who routinely inspect job sites and personnel to ensure compliance with site requirements. All materials and equipment described in this Section 5 shall be maintained in good working order. If any equipment fails to function, the Contractor shall arrange for immediate replacement. The Contractor shall be responsible for supplying batteries for all equipment. (Remainder of page intentionally left blank) 28 of 31 September 19, 2023, Item #7 EXHIBIT "B" 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 ReformAct o/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) (1)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 29 of 31 September 19, 2023, Item #7 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: (1)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. 30 of 31 September 19, 2023, Item #7 ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date 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 Sections 24214, 24214.5 or 26812 ofthe Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.Annotations Notes Amendments: Note- Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) 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). 31 of 31 September 19, 2023, Item #7