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10-17-2023 Agenda PacketAG EN DA Poway City Council Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 October 17, 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, CA92064. 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 online. Items listed on the agenda with a"#" symbol are in preparation. PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting. American Disabilit ies 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 Councilmember 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: Friends of Poway Seniors 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 July 18, 2023, and August 1, 2023 Regular City Council Meeting Minutes 3. Adoption of the 2024 City Council Meeting Calendar 4. Approval of Consultant Agreement with Project Design Consultants for the Community Park Concrete Ribbon Drain Project, RFP No. 24-003 5. Acceptance of the Booster Pump Replacement, Bid No. 22-001 with Blue Pacific Engineering Construction, Inc. as Complete ORDINANCES FOR INTRODUCTION: None PUBLIC HEARINGS: 6. Conditional Use Permit (CUP) 23-0002, a request to establish a 16,000 square foot fitness center within an existing vacant commercial building tenant space located at 12342 Poway Road and a determination that the Project is exempt from CEQA review pursuant to CEQA Guidelines section 15301 2 of 3 Regular City Council Meeting October 17, 2023 City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution approving the project and making the determination the Project is exempt from CEQA review pursuant to CEQA Guidelines section 15301. STAFF REPORTS: 7. Midland Road Safety Improvements City Manager's Recommendation: It is recommended the City Council 1) approve the proposed safety improvements on Midland Road; 2) authorize the City Manager to allow the expenditure of funds from the Motorist Services Program Account (STR0002) to install new signs estimated at $156,000.00; 3) appropriate additional funds in the amount of $14,528.40 from the Excess Safe Reserve Fund (2840) available fund balance to the Motorist Services Program Account; and 4) authorize the City Manager to execute the necessary documents for the installation of the safety improvements. WORKSHOPS: None COUNCIL-INITIATED ITEMS: None COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) CITY MANAGER ITEMS: CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: 8. Conference with Legal Counsel -Anticipated Litigation Government Code§ 54956.9(d)(2) -two (2) cases AD!OURNMENT: State of California County of San Diego ) ) 55. ) AFFIDAVIT OF POSTING I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on October 10, 2023. Said meeting to be held at 7:00 p.m., October 17, 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 October 17, 2023 October 17, 2023, Item #2AGENDA REPORT CityofPoway DATE: TO: FROM: October 17, 2023 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk ~ (858) 668-4535 or cgallagher@poway.org CITY COUNCIL SUBJECT: Approval of the July 18, 2023, and August 1, 2023 Regular City Council Meeting Minutes Summary The City Council Meeting Minutes submitted hereto for approval are: • July 18, 2023 Regular City Council Meeting Minutes • August 1, 2023 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency. Recommended Action: It is recommended the City Council approve the July 18, 2023, and August 1, 2023 Regular City Council Meeting Minutes. Public Notification: None. Attachments: A. July 18, 2023 Regular City Council Meeting Minutes B. August 1, 2023 Regular City Council Meeting Minutes Reviewed/Approved By: We~aserman Assistant City Manager 1 of 14 Reviewed By: Alan Fenstermacher City Attorney Appro::dABJ~ Ch~ City Manager October 17, 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 July 18, 2023 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) {Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Regular Meeting to order at 7:00 p.m. ROLL CALL Present: Brian Pepin, Peter De Hoff, Caylin Frank, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Bob Manis; Interim Director of Finance Tim McDermott; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain 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 led a moment of silence. PRESENTATIONS None. 2 of 14 ATTACHMENT A October 17, 2023, Item #2City of Poway -Minutes -July 18, 2023 PUBLIC COMMENT Yuri Bohlen spoke in support of Poway holding two 4th of July firework shows. Mayor Vaus read a note received from resident, Dick Lyles, complimenting the Fire Department. CONSENT CALENDAR Motioned by Mayor Vaus, seconded by Councilmember Pepin to approve Consent Calendar Items 1 through 6. Motion carried 4/0 by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Pepin, De Hoff, 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 May 2, 2023 Regular City Council Meeting Minutes 3. Second Reading and Adoption of Ordinance 860 entitled "An Ordinance of the City Council of the City of Poway, California, Adding Chapter 8.26 to Title 8 (Health and Safety) of the Poway Municipal Code Establishing Regulations for Camping and Storage of Personal Property in Public Areas" Speaking on Item 3, Maria Hernandez, representing RUN (Resident United Network of California) spoke in opposition to Ordinance 860 and advocated for local affordable housing options. Speaking on Item 3, Yuri Bohlen voiced support for both Ordinance 860 and mental health assistance programs for the unhoused population. 4. Award of Agreement to Ocean Blue Environmental Services Inc., for As-Needed Hazardous Waste Cleanup and Disposal Services; RFP No. 23-013 5. Approval of Consultant Agreement with Sillman Wright Architects for the Poway Center for the Performing Arts Facility Maintenance Design Project; RFP No. 22-003, to provide Architectural and Engineering Design Services for comprehensive maintenance and rehabilitation, and Appropriation of Additional Funds 6. Approval of License Agreement between the City of Poway and OpenGov (formerly Cartegraph Systems LLC) for Software Licensing, Technical Support and Maintenance ORDINANCES FOR INTRODUCTION None. PUBLIC HEARINGS: 3 of 14 October 17, 2023, Item #2City of Poway -Minutes -July 18, 2023 7. Resolution Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll for Fiscal Year 2023-24 Mayor Vaus opened the public hearing at 7:10 p.m. Finance Manager Mehrnoush Jamshidi presented the item. She stated, the City must renew its Fire Protection Special Tax as required by the County of San Diego to be placed on the property Tax Roll. Ms. Jamshidi noted the tax was originally approved by an 84% vote of the people back in 1997. She added the tax can only be spent on fire protection including personnel and equipment, she provided calculation methodologies and explained the amount to be collected hasn't changed since its adoption which remains at $3.12 per point. Ms. Jamshidi added the estimated total tax to be collected is $647,000 and concluded by stating approval of the item would authorize collection of up to $700,000 which would ensure the authorized amount will not be exceeded if further additions to the property tax roll are made. Public Comment: None. End of Public Comment. Mayor Vaus closed the public hearing at 7: 12 p.m. Council discussion ensued. Ms. Jamshidi confirmed tonight's action by Council will not increase taxes but rather is required to add the Special Tax onto the County Tax Roll. Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 23-035 entitled "Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll for Fiscal Year 2023-24". Motion carried unanimously. Items 8 -14 -Resolutions Establishing Assessments for Poway Landscape Maintenance Districts 83-1, 86-1, 86-2, 86-3, 87-1, 19-1 and the Poway Lighting District. MayorVaus opened the public hearings for Items 8 through 14 at 7:12 p.m. Senior Management Analyst Danielle McIntosh presented the report along with a PowerPoint presentation for Items 8 through 14. She explained the Public Hearing is to consider approval of the annual levy to collect assessments for the City of Poway's six (6) Landscape Maintenance Districts (LMD) and Poway Lighting District (PLO) in accordance with the Landscape and Lighting Act of 1972 and Proposition 218. Ms. McIntosh stated the assessment rates and service levels for Fiscal Year 2023-24 are proposed to remain unchanged from Fiscal Year 2022-23 with the exceptions of LMD 86-2B and 86-3B, which will increase by the annual change in CPI at 7.71%, and LMD 19-1 including a 3% inflator cap on the annual change in CPI and will increase by 3%. The landscape maintenance service levels for each LMD will remain at their current level. Ms. McIntosh stated the PLO has three zones and noted assessments from Zone A and B fund street lighting throughout the City and assessments from Zone C fund maintenance and operation of traffic signals, flashing beacons and related equipment. The assessments for the PLO are to remain unchanged from Fiscal Year 22 to 23 for all three zones. 4 of 14 October 17, 2023, Item #2City of Poway -Minutes -July 18, 2023 Public Comment: None. End of Public Comment. Mayor Vaus closed the public hearings for Items 8 through 14 at 7:15 p.m. 8. Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24 Motioned by Councilmember Pepin, seconded by Councilmember De Hoff to adopt Resolution No. 23-036 "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24" Motion carried unanimously. 9. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24 Motioned by Councilmember Pepin, seconded by Councilmember De Hoff to adopt Resolution No. 23-037 "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24" Motion carried unanimously. 10. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-2 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24 Motioned by Councilmember Pepin, seconded by Councilmember De Hoff to adopt Resolution No. 23-038 "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 86-2 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24". Motion carried unanimously. 11. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-3 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24 Motioned by Councilmember Pepin, seconded by Councilmember De Hoff to adopt Resolution No. 23-039 "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 86-3 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24" Motion carried unanimously. 12. Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24 Motioned by Councilmember Pepin, seconded by Councilmember De Hoff to adopt Resolution No. 23-040 "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 87-1 to be 5 of 14 October 17, 2023, Item #2City of Poway -Minutes -July 18, 2023 Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24" Motion carried unanimously. 13. Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24 Motioned by Councilmember Pepin, seconded by Councilmember De Hoff to adopt Resolution No. 23-041 "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24" Motion carried unanimously. 14. Resolution Establishing Assessments for Poway Lighting District to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24 Motioned by Councilmember Pepin, seconded by Councilmember De Hoff to adopt Resolution No. 2023-042 "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Lighting District To be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24" Motion carried unanimously. 15. An Ordinance of the City of Poway relinquishing an approximate 0.07-acre portion of an existing City-owned trail easement in exchange for approximately 0.07-acres of new trail easement (Assessor Parcel Number 273-102-01-00) and determining that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061 (b)(3) Mayor Vaus opened the public hearing at 7: 17 p.m. City Engineer Tracy Beach presented the report along with a PowerPoint presentation. She detailed the property location and explained the actual trail that is shown does not match the City's trail easement and pointed out a slight bend in the easement through the citrus orchard. Ms. Beach stated the owners and neighbors of the property reached out to the City requesting trail fencing to encourage trail users to stay out of the orchard and on the trail. Staff evaluated the concern and agreed that fencing along the trail would be appropriate. Since fencing would involve placement within a San Diego County Water Authority easement, it was necessary to request approval from the San Diego County Water Authority. She noted at this time it was discovered the actual trail and use do not match the trail easement and needed to be corrected. Ms. Beach explained the Poway Municipal Code allows relinquishment of a city trail easement by ordinance requiring a 4/5 vote of City Council provided special findings can be made. The findings, she concluded, are that along with the release of the portion of the trail easement in exchange for easement of equal size and quality for trail purposes is being transferred to the City concurrent with the easement vacation. The easement area exchanged would be in the location where the actual current trail exists. Ms. Beach noted having received no public opposition to the request. Public Comment: None. 6 of 14 October 17, 2023, Item #2City of Poway -Minutes -July 18, 2023 End of Public Comment. Mayor Vaus closed the public hearing at 7:21 p.m. As requested by the Mayor, City Clerk Gallagher titled the Ordinance. Ayes: Noes: Abstained: Absent: Disqualified: Leonard, Frank, Grosch, Mullin, Vaus None None None None Motioned by Mayor Vaus, seconded by Councilmember De Hoff to introduce 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 Relinquishment of Trail Easement (APN 273-102-01-00)" waive further reading and schedule adoption of the Ordinance for August 15, 2023. The Ordinance must be approved by a four-fifths vote of the City Council. Motion carried unanimously. STAFF REPORTS: 16. City Council District 2 Vacancy -Application Review and Interviews City Attorney Alan Fenstermacher presented the report. He explained, as directed by Council resulting from the June 2, 2023, resignation of Councilmember Leonard, a notice of vacancy in District 2 was issued. He added the notice included instructions to sign an attestation stating that if appointed by Council to the vacancy, the applicant would not run for election in the 2024 General Municipal Election. He noted eight applications had been received and all had been verified as residing in District 2. He added each applicant would be given three minutes tonight to present to Council in favor of their appointment and stated following the presentations, Council could either appoint an individual tonight, or continue the item to August 1. He concluded by stating August 1 would be the last day to either appoint or call a special election. Based on the City Clerk's random drawing, the following applicants were called forward to present their qualifications for the position: 1. Richard Zampell 2. Matthew Ficco 3. Carl Browning 4. Vanessa Springett 5. Robert Polston 6. Anita Edmondson 7. Peter Babich 8. Marc Hennen Applicant Matthew Ficco was unable to attend the meeting. Council discussion ensued centered around the qualities they are looking for in a candidate. Applicants were commended and thanked for their interest in the position. 7 of 14 October 17, 2023, Item #2City of Poway -Minutes -July 18, 2023 Public Comment: Nick Carruthers spoke regarding the qualities he deemed most important in a candidate. Yuri Bohlen commended the applicants and voiced support for a District 2 appointment. End of Public Comment. Council discussion ensued. Consensus was reached naming Anita Edmondson as uniquely qualified to serve on the Council, her history of community engagement, social networking, familiarity with the community, involvement with the Poway Chamber of Commerce and the Green Valley Civic Association were all included as unique qualifications. Motioned by Mayor Vaus, seconded by Councilmember Pepin to appoint Anita Edmondson to fill the vacant District 2 City Council seat to serve until the current District 2 term ends following the results of the November 5, 2024 General Election. Motion carried unanimously. WORKSHOPS None. COUNCIL-INITIATED ITEMS: None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) Director of Public Works Eric Heidemann provided an update on the San Diego County Water Authority. Councilmember De Hoff noted having recently attended a Regional Solid Waste Association (RSWA) meeting. He mentioned the passage of Senate Bill 777, a modification of the grocery bag fee program and he encouraged the public to take old batteries to recycling centers rather than place them into the trash. Council thanked Poway Public Safety staff for their work on a recent gas main incident. Council praised the expediency and composure of their response in preventing a potentially dangerous situation. Mayor Vaus recognized the passing of Poway resident Bill McKibbin. He remarked on his contributions to the City and local Veterans noting Mr. McKibbin founded and served as President of the Poway Veterans Organization. Mayor Vaus added the annual Poway Veterans Organization Golf Tournament will be renamed the Bill McKibbin Memorial Golf Tournament in his honor. CITY MANAGER ITEMS None. 8 of 14 October 17, 2023, Item #2City of Poway -Minutes -July 18, 2023 CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None. CLOSED SESSION None. ADJOURNMENT Mayor Vaus adjourned the meeting at 8:07 p.m. in honor of Poway Resident Bill McKibbin and his family. 9 of 14 Carrie Gallagher, CMC City Clerk City of Poway, California October 17, 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 1, 2023 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Regular Meeting to order at 7:00 p.m. ROLL CALL Present: Brian Pepin, Peter De Hoff, 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 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 led a moment of silence. PRESENTATIONS Oath of Office for New Councilmember City Clerk Gallagher administered the Oath of Office to newly appointed Councilmember Anita Edmondson. Mayor Vaus recessed the meeting at 7:08 p.m. for a brief reception in the Chambers Foyer.· 10 of 14 ATTACHMENT B October 17, 2023, Item #2City of Poway -Minutes -August 1, 2023 CALL TO ORDER Mayor Vaus reconvened the meeting at 7: 17 p.m. ROLL CALL Present: Brian Pepin, Peter De Hoff, Anita Edmondson, Caylin Frank, Steve Vaus City Manager Chris Hazeltine introduced Judy B. Tran as the new Director of Finance. PUBLIC COMMENT Terri Sorensen of the Poway Neighborhood Emergency Corps (PNEC), spoke about the Neighbor Helping Neighbor Program and PNEC events. Ms. Sorensen introduced new Board Member Mike DeGraw who stated his primary role in the organization would be emergency communication efforts. Stephen Tregoning spoke regarding preservation, maintenance and growth of mountain bike trails within Poway. Ben Stone, Trails Coordinator speaking on behalf of the San Diego Mountain Bikers Association spoke regarding the importance of the Sycamore Canyon trail connection along Scripps Poway Parkway and support for maintaining this access as part of the County's Sycamore Canyon Public Access Plan. Trent Selbrede spoke in support of preservation of the Sycamore Canyon trail plan and requested the Council's endorsement to keep the access and connectivity as part of the Sycamore Canyon Public Access Plan. He offered his time and service to maintain the trails through its adoption. Mayor Vaus noted the City's support for access and connectivity through the Sycamore Canyon Public Access Plan. CONSENT CALENDAR Motioned by Mayor Vaus, seconded by Councilmember Pepin to approve Consent Calendar Items 1 through 8. Motion carried 5/0 by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: De Hoff, Edmondson, Pepin, 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 May 16, 2023 Regular City Council Meeting Minutes 3. First Amendment to the Exclusive Negotiating Rights Agreement with Wakeland Housing & Development Corporation for the Monte Vista Affordable Housing Development Project (APN 275-460-61) 11 of 14 October 17, 2023, Item #2City of Poway -Minutes -August 1, 2023 4. Authorization to Purchase Two (2) Cab and Chassis through the GM Government Bid Assistance Program with Two (2) Utility Bodies by Open Market Competitive Bid, One (1) Loader Utilizing Sourcewell Cooperative Purchasing Program Contract #032119-CNH, One (1) Roller Utilizing Sourcewell Cooperative Purchasing Program Contract #032119-VCE, One (1) Skid Steer Utilizing Sourcewell Cooperative Purchasing Contract #040319-CEC, One (1) Ram Fire Command Vehicle Utilizing Sourcewell Cooperative Purchasing Program Contract #091521-NAFG, One (1) Ram Fire Utility Pickup Truck Utilizing Sourcewell Cooperative Purchasing Program Contract #091521-NAF and Appropriation of Funds Mayor Vaus speaking on Item 4, noted he was hopeful to keep the vehicle purchases in Poway but received no local bids. 5. Award of Contract to Fordyce Construction, Inc., for the FY 2022-23 ADA Barrier Removal -Community Park Project, Bid No. 23-010, Appropriation of Additional Funds and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) 6. Award of Contract to Tri-Group Construction and Development, Inc., for the Starridge Park and Community Park Pathways Extension project, Bid No. 23-011, Appropriation of Additional Funds and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) 7. Acceptance of the Poway Swim Center Artificial Turf Installation Project with Synlawn as Complete Councilmember Pepin spoke on Item 7, he praised City staff on the completion of the project. 8. Adopt a Resolution to Return to Water Shortage Level 1 Voluntary Water Measures and Rescind Resolution No. 22-034 ORDINANCES FOR INTRODUCTION None. PUBLIC HEARINGS: 9. 2022 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2023-2024 Mayor Vaus opened the public hearing at 7:31 p.m. Director of Development Services Bob Manis presented the item. He described the Weed Abatement Program and explained Council action will allow the cost of the abatement to be placed on next year's Tax Roll. He added the City sent out 246 notices to private property owners, and only had to perform weed abatement on 13 of those properties. He noted, five of the properties have already paid their invoices therefore eight properties will have the abatement costs added to their property tax bill for next year. Mr. Manis explained the assessment includes the cost of the abatement work plus a $175 administrative fee according to the City's Master Fee Schedule. 12 of 14 October 17, 2023, Item #2City of Poway -Minutes -August 1, 2023 Public Comment: None. End of Public Comment. Mayor Vaus closed the public hearing at 7:32 p.m. Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 23-045 entitled "Approving the 2022 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2023-2024." Motion carried unanimously. STAFF REPORTS: 10. Resolution Approving a New Lease Agreement with Hamburger Factory, Inc., and First Amendment Transferring the Lease to Cheeseburgers in Poway, LLC Director of Community Services Audrey Denham presented the item. Ms. Denham provided some background on the item, recognizing the Spear family as the owners and operators of the Hamburger Factory for the past 25 years. Ms. Denham read a letter from the Spear family in support of the sale noting the decision was made to ensure the legacy of the Hamburger Factory and continue its business and community ties with the City of Poway. Ms. Denham explained the City is responsible for vetting and approving the transfer of the lease agreement since the building is owned by the City. The applicant, Mr. Josh Arbenz, provided a business plan that demonstrated financial strength and experience. She added he met with Council and staff to discuss his vision in detail noting he grew up in Poway and included highlights from his business plan, including, updating the business, modernizing the menu; maintaining the existing customer base while attracting new clientele; improving the business website, social media, and online ordering systems, sponsoring local youth sports teams and hosting gatherings, and emphasize hiring and keeping exceptional staff. Ms. Denham described the new City-negotiated lease agreement, highlighting some notable changes including terms. Upon the sale of the Hamburger Factory business, the Spear family is responsible for paying the Poway Emergency Assistance Recovery Loan and unpaid rent. Beginning August 1, 2024, Mr. Arbenz will be responsible for interior and exterior repair and maintenance of the building and the City's repair and maintenance responsibilities will be limited. Upon City approval the Spear family and Mr. Arbenz can finalize the sale of the business. She noted City staff will work closely with Mr. Arbenz to notify the public to ensure a smooth transition. Public Comment: None. End of Public Comment. Council discussion ensued. Council responded positively to the proposed business plan and expressed their excitement for the proposed changes to renew and revitalize the business. 13 of 14 October 17, 2023, Item #2City of Poway -Minutes -August 1, 2023 Council noted the applicant's willingness to carry on the legacy of the Spear Family with community involvement and to embrace the Old Poway Park aesthetic. Motioned by Mayor Vaus, seconded by Councilmember Pepin to adopt Resolution No. 23-046 "Approving an Amended Lease Agreement with Hamburger Factory, Inc., and the First Amendment Transferring the Lease to Cheeseburgers in Poway, LLC," and authorize the City Manager to execute all necessary documents related to the Agreement. Motion carried unanimously. WORKSHOPS None. COUNCIL-INITIATED ITEMS: None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) Councilmember Pepin echoed support for trail connectivity and provided an update on the recent San Dieguito River Park Joint Powers Association meeting noting approval to move forward with a connection of the Osuna Trail segment. Mayor Vaus thanked the San Diego County Sheriff's Department and Poway Fire Department for hosting the National Night Out community event at Lake Poway. Mayor Vaus provided an update on the San Diego Association of Governments (SANDAG), including the resignation of SANDAG Chief Executive Officer. 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 7:45 p.m. 14 of 14 Carrie Gallagher, CMC City Clerk City of Poway, California AGENDA RE PQ RT City of Poway DATE: TO: FROM: SUBJECT: Summary October 17, 2023 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk � (858)668-4535 or cgallagher@poway.org Adoption of the 2024 City Council Meeting Calendar City Council to consider and adopt the Meeting Calendar for 2024. Recommended Action: It is recommended the City Council adopt the Calendar as submitted. Discussion: CITY COUNCIL Pursuant to Section 2.18.040 of the Poway Municipal Code, unless cancelled, the City Council shall hold regular meetings in the Council Chambers of City Hall, 13325 Civic Center Drive, on the first and third Tuesday of each month at 7:00 pm. Staff recommends the 2024 Council Meeting Calendar be modified as follows: •Cancel the January 2, 2024 regular meeting due to the holiday schedule's impact on agenda preparation. •Cancel the November 5, 2024 regular meeting (2024 General Election) and re-schedule for Wednesday, November 6, 2024, if necessary. Special Meetings and Workshops may be added to the Council Meeting schedule during the year on an as needed basis. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: None. 1 of 3 October 17, 2023, Item #3 Public Notification: None. Attachments: A.Proposed 2024 City Council Meeting Calendar Reviewed/Approved By: �� Wendyaserman Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney 2 of 3 October 17, 2023, Item #3 1r--- January February March S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 1 2 7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9 14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30 31 April May June S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 1 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 30 July August September S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30 October November December S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 1 2 1 2 3 4 5 6 7 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 7 p.m. City Council Meeting, 13325 Civic Center Drive City Holiday City Offices Closed Staff Proposed Changes 2024City Council Meeting Calendar 3 of 3 October 17, 2023, Item #3ATTACHMENT A ■ _J - - - - -- - -- ------ ------- ------- -- October 17, 2023, Item #4AG EN DA REPQR_T City of Poway CITY COUNCIL DATE: October 17, 2023 TO: FROM: Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services M Alex Ubaldo, P.E., Principal Civil Engineer ~ CONTACT: SUBJECT: Summary: (858) 668-4602 or aubaldo@poway.org ~ Approval of Consultant Agreement with Project Design Consultants for the Community Park Concrete Ribbon Drain Project, RFP No. 24-003 This action will award a Consultant Agreement to Project Design Consultants (PDC) to provide an assessment of existing conditions and prepare preliminary level design for the Community Park Concrete Ribbon Drain project. Recommended Action: It is recommended the City Council: 1. Approve the Consultant Agreement (Attachment A) with Project Design Consultants (PDC) in the amount of $139,665 for the Community Park Concrete Ribbon Drain project, per the outlined terms of the agreement and authorize the City Manager to execute the necessary documents; 2. Approve the allocation of available fund balance from the Rattlesnake Creek Streambank Stabilization project (DR007) in the amount of $22,653.33 and authorize the transfer of such funds to the Community Park Concrete Ribbon Drain project; and 3. Appropriate additional funds in the amount of $42,011 ,67 from the Drainage and Stormwater Funds, available fund balance to the Community Park Concrete Ribbon Drain project. Discussion: Rattlesnake Creek runs southwesterly through Community Park via an open earthen channel and concrete ribbon gutter constructed in the late 1970s. The ribbon gutter is a concrete swale that serves as a low flow channel for Rattlesnake Creek. It is located between the tennis courts and park playground and eventually outlets into a larger trapezoidal concrete lined open channel just south of the pedestrian bridge. Approximately 550 lineal feet of the low flow channel has deteriorated, exposing the earth in several locations. During storm activity, water flowing through the channel further erodes the exposed earth and undermines the existing concrete ribbon gutter. On August 3, 2023, the Development Services Department issued a Request for Proposal (RFP No. 24-1 of 21 October 17, 2023, Item #4003) to assess the existing condition and perform a feasibility study and preliminary design for a potential repair and/or enhancement project. The City received proposals from two consulting firms. After evaluating and scoring the proposals, staff concluded PDC is the most qualified consultant for this project. PDC is familiar with this type of work and presented a team that has specific experience with creek rehabilitation, drainage assessment and repair. The project scope includes evaluating the approximately 550 lineal feet of open earthen channel and concrete ribbon gutter and preparing a recommendation of remediation and repair options to prevent further erosion along the channel sides and bottom. The consultant will prepare a restoration plan that will also include potential options for improving habitat protection, water quality and restoration of the creek using non-structural design elements. The consultant will identify the level of environmental clearance and regulatory permit approvals required for the project and a cost benefit analysis of the repair and/or restoration actions. When the City elects to move forward with a construction project based on a selected preliminary design, staff will return to Council and request additional appropriation for Final Design and preparation of construction documents. Environmental Review: This action to approve the consultant agreement is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The consultant's fee will be based on the scope of work as outlined in the Consultant Agreement and the not-to-exceed fee of $139,665.00. There is $75,000.00 available in the Community Park Concrete Ribbon Drain project (DR008) currently. Approval of this item will require a transfer of $22,653.33 from the Rattlesnake Creek Streambank Stabilization project (DR007}, available unspent fund balance to the Community Park Concrete Ribbon Drain project (DR008) and an additional appropriation of $42,011.67 from the Drainage and Stormwater Funds, available fund balance to the Community Park Concrete Ribbon Drain project. Public Notification: None. Attachments: A. Consultant Agreement Reviewed/Approved By: Assistant City Manager 2 of 21 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager October 17, 2023, Item #4City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 18th day of October, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and PROJECT DESIGN CONSULTANTS, a BOWMAN COMPANY, (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to prepare an engineering study and assessment for the Community Park Concrete Ribbon Drain Assessment Project (Project); WHEREAS, Consultant is a civil engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of 21 1 ATTACHMENT A October 17, 2023, Item #45. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of 21 2 October 17, 2023, Item #4"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: !Z1 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of 21 3 October 17, 2023, Item #4(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of 21 4 October 17, 2023, Item #4(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 21 5 October 17, 2023, Item #4Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 8 of 21 6 October 17, 2023, Item #4Contractor further provides that in the event Contractor assigns a retired annuitant reeeiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 9 of 21 7 October 17, 2023, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:------------Chris Hazeltine, City Manager ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By: ___________ _ Alan Fenstermacher, City Attorney 10 of 21 PROJECT DESIGN CONSULTANTS, a Bowman Company 8 By:-------------Marina Wurst, PE, Principal-In-Charge October 17, 2023, Item #4A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the engineering study and assessment services further described in the Scope of Services submitted with the proposals dated September 5, 2023, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated September 5, 2023, which are included in this document as Attachment 2. Total fee is not to exceed one hundred thirty-nine thousand six hundred sixty-five dollars ($139,665). Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall commence and be effective as of October 18, 2023 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 11 of 21 1 October 17, 2023, Item #4following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single_ limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 12 of 21 2 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Project Design Consultants 701 B Street, Suite 800 San Diego, CA 92101 October 17, 2023, Item #4Attachment 1 Scope of Work When the project is awarded and our team is authorized to proceed, we will provide a detailed explanation of the scope of services for this project. Identifying goals at the start of a project is a necessary component to the project's success. We will maintain open and fluid communication throughout the length of the project, respecting the existing site conditions of Rattlesnake Creek and the population currently utilizing the space. 1. PROJECT MANAGEMENT The PDC I Bowman team will prepare a project management plan that supports ongoing team and agency coordination, open lines of communication, regularly scheduled meetings, quality control/ assurance, and ongoing tracking of key project issues and resolutions. This document will guide external and internal organization and distribution of critical information. It will outline the project schedule, budget, contractual relationships, contact information for City and team members, team responsibilities, project goals and expectations, flow of communication, meeting schedule, public outreach schedule, and other elements critical to the success of the project. This schedule will be subdivided into detailed programs for individual project elements, which will be monitored monthly against progress. Project Coordination + Administration Coordination. The PDC I Bowman team will maintain close coordination with City staff and regulatory agencies throughout the entire project. Marina Wurst, PE will serve as Principal-in-Charge alongside Senior Project Manager, Chelisa Pack, and serve as the liaison between City staff and the consultant team. Communication. The PDC I Bowman team will maintain consistent communication with City staff and consultant members to review project concepts and keep the project on schedule and within budget. Regular communication among the team, stakeholders, and the City will be facilitated through the Project Manager. Project Meetings. The PDC I Bowman team will attend the "kick-off" meeting with City staff subsequent to the Notice to Proceed. The purpose of this meeting is to get acquainted with participating City staff, present the project, delegate responsibility, and outline overall goals and Bowman I City of Poway Community Park Drainage I September 5, 2023 30 13 of 21 October 17, 2023, Item #4desired project outcomes. This will include refining the project scope, action item list, and schedule to better define tasks, establish key milestones, and develop creative solutions to maintain the project schedule and budget. The PDC I Bowman team will work with the City staff to schedule routine meetings that discuss the status of various work efforts, the project schedule, and any issues and opportunities that arise that require input and direction. Following these meetings, notes or action items will be documented and distributed to the team. To minimize costs, some meetings may be conducted via conference call or on line Zoom meetings. 2. PRELIMINARY RESEARCH/INVESTIGATION ASSESSMENT The Consultant team will conduct field visits to inspect the existing conditions of the channel and Rattlesnake Creek. This investigation will refine the site's opportunities and constraints for the channel repair and the team will work collaboratively to provide concept designs. The Consultant team will review the as-built information provided from the City of Poway RFP and will coordinate with the City of Poway and other agencies for additional drawings and information needed including existing utility infrastructure. A flown aerial imagery and topography will be prepared of the project area for existing contours and elevations. Partial Boundary Survey: PDC will provide surveying services to prepare a partial land survey of the subject property as defined by NSPS. PDC will perform a field survey of the subject property using the legal description in the title report provided by the Client and as outlined above. The survey will be based on existing found property monuments, available evidence, research, record maps and deeds and will be sufficient to prepare future project design. This will not be a full and complete boundary survey but will be sufficient to plot the existing property line, easements of record and aerial topography. Aerial Topographic Mapping and Imagery: PDC will prepare acquire new aerial imagery of the approximately 20-acre park site and will prepare aerial topographic mapping that will meet national mapping accuracies for a 1 "= 40' scale with a 1-foot contour interval. The mapping limits will include the land area of the project site and at least SO-feet of overlap into the adjoining properties and roads. The aerial mapping will be tied to the appropriate City of Poway horizontal and vertical datums. In additional, PDC will prepare a 0.25' digital color ortho of the same area. This is the design topography that will be utilized for preliminary engineering. Encumbrance Title Review: review of a current City-provided title report. Any recorded easement encumbrances contained within the provided preliminary title report will be plotted. The survey will be based on the above-described requirements, a completion date of approximately 5-6 weeks, after written authorization to proceed, and delivery of a preliminary title report with referenced documents. Additional topographic and survey data will be collected to support preparation of existing base/ master file. This base file task will include the creation of the electronic AutoCAD drawing file which incorporates the aerial topography and survey data. The base master file will also include existing utility information generated from the aerial topography, fields visits, existing FEMA floodplain linework for floodplains and floodways, and available City record research. This base file will be used to create the proposed repair and/or restoration concept plans. Bowman I City of Poway Community Park Drainage I September 5, 2023 31 14 of 21 October 17, 2023, Item #4A RECON biologist will conduct a field reconnaissance site visit to gather information on the existing condition of the subject reach of Rattlesnake Creek and assess the potential options for the restoration effort. Representative photographs will be taken of the erosional damaged areas for reference. A recent aerial photograph of the creek reach will be used to prepare a preliminary map of the creek location, damaged areas, and existing vegetation communities. This information will be used in the preparation of the project base maps. RECON will gather information on current natural and man-made techniques for the restoration and stabilization of creek beds and banks. This research will be used to determine the best options available to meet the needs of the creek restoration project chosen. Geocon's team will review published geologic reports, in-house geotechnical reports, published geologic maps, and other literature pertaining to the site and adjacent areas to aid in evaluating geologic hazards that may be present. They will be responsible for scheduling an Underground Service Alert (dig alert) for utility location. Geocon will perform up to 4 exploratory borings to depths up to 15 feet below existing grade, to observe site soil conditions and obtain samples for laboratory testing using a limited drill rig. They will then perform laboratory tests on selected soil samples to evaluate compaction characteristics, expansion index, and corrosivity characteristics of the prevailing soils encountered. Deliverable: A comprehensive AutoCAD basefile of existing conditions and a Technical Memorandum of Assessment including site visit survey notes, evaluations, photographs, surveys, and other appropriate documentation. Additionally the consultant will provide an electronic AutoCAD file of the property parcel base map and topography information. 3. CONCEPT DESIGN & COST ESTIMATES PDC I Bowman will review Rattlesnake Canyon Creek and summarize an estimate of flow rates for different return period storm events using published FEMA values to assist with the conceptual designs of the creek channel repair. Chang Consultants will develop a preliminary HEC-RAS model to analyze the existing channel conditions through the Community Park. This preliminary model will use the existing survey elevations developed in Scope item #2 and the hydrology results to help determine the channel velocities which may have contributed to erosion of the existing channel. This preliminary analysis will help inform and further develop which design alternatives to present in the Final Report Assessment. Bowman I City of Poway Community Park Drainage I September 5, 2023 32 15 of 21 October 17, 2023, Item #4This overall concept design process will incorporate the findings of the site visit, RECON's ecological and environmental permit findings, PDC J Bowman's channel grading options, and Chang Consultants' preliminary HEC-RAS analysis. The Consultant team will proceed to produce up to two (2) conceptual designs. Conceptual designs for potential repair and/or enhancement will target a goal to provide long term sediment management capabilities and prevent erosion, while also meeting other goals for improvement of the park area. The conceptual design may also incorporate water quality benefits and restoration of creek. The design alternatives could include, but not be limited to, riprap, reinforced turf mats, gab ion lined channels, and/or drop structures. The two concept designs will include the proposed channel layout and floodplain boundaries, channel and floodplain cross-section dimensions for riffles and pools, longitudinal profile, and vegetation plan. The plan would also include proposed stormwater outfall treatments to improve water quality. The Consultant team will prepare cost estimates for each proposed concept design including quantities and unit costs based on current Development Services Engineering Division Unit Price List and current market estimates. 4. ANTICIPATED ENVIRONMENTAL CLEARANCE & PERMITS RECON will provide a description of the scope of regulatory approvals and permits that will be required to perform the creek restoration work for each concept alternative. Each alternative creek restoration concept will be reviewed to ensure that it meets the conditions necessary to comply with the applicable federal, state, and local laws, regulations, standards, and guidelines for work in potential jurisdictional waters. 5. PREPARATION OF DRAFT & FINAL REPORT ASSESSMENT. Our draft Creek Assessment and proposal of conceptual repairs will document the feasibility study evaluating existing channel conditions, and consider options for channel restoration within the constraints of the watershed and surrounding land uses, and produce a final report of findings with conceptual design options. The proposed channel repair and/or restoration design parameters will be selected based on existing geomorphic conditions, reference channels, and hydraulic analysis .. Geocon will prepare a geotechnical report in accordance with the 2022 California Building Code and presenting their findings, conclusions, and recommendations regarding the geotechnical aspects of constructing the proposed surface drainage improvements. Bowman I City of Poway Community Park Drainage [ September 5, 2023 33 16 of 21 October 17, 2023, Item #4Their report will include a summary of the potential geologic hazards that might affect the project (faulting, liquefaction, seismic shaking, landslides), soil/excavation characteristics, and preliminary geotechnical recommendations for the design and construction of the project including: Excavation and Soil Characteristics; Temporary Excavation Recommendations (if applicable); Grading Recommendations; Dewatering Recommendations (if applicable); Storm Water Management Recommendations; and Hardscape Design Recommendations. PDC I Bowman will compile the information from the multi-disciplinary team into a comprehensive report. Our in house graphic rendering team will visually depict up to two (2) specific, measurable, and realistic outcomes with in-depth merits and demerits, as well as a concise executive summary giving clear expectations on feasible options. Deliverable: Draft and Final Report, including Conceptual Channel Retrofit Plan Bowman I City of Poway Community Park Drainage I September 5, 2023 34 17 of 21 October 17, 2023, Item #4..... 00 0 '"i, N ..... ----PROJECT DESIGN I 701 1:1 S\lvVL s~•lv SO:l CONSULTANTS !:.lno,r...,,C_.~:101 fJ1:)7J!,64Jl !fll a Bowman company G19Jl<IOJ~llrh Planning I landscnpe Architocturu Englnuaring Sun,uy PERSONNEL HOURS • LABOR COSTS CITY OF POWAY COMMUNITY PARK Senior Senior Landscape Senior Asst Senior I I Senior I I Admin./ I I TOTAL I OTHER CONCRETE RIBBON DRAIN Project Landscape Designer/ Planner Project Project Project Project RECON SurveyiMap 2-Man survey clerical/tech TOTAL LABOR DIRECT I TOTAL Graphics Engineer COST ASSESSMENT Manager Architect Graphics Manager Manager Manager Technician crew edit HOURS COST COSTS 9/14/2023 Land. Arch. Civil Eno WO Eng Surveyor $215 $145 S135 S125 S215 S185 S160 S215 s215 I S145 I S250 I $90 I I ($) I ($) I ($) [TASK 1 -Proiect Manaaement 1.1 Pro·ect Kick Off Meetina 2.0 2.0 2.0 2.0 2.0 10 S1 910 11.2 Oiscioline Coordination 2.0 2.0 4.0 8 S1 420 11.3 IProleet Manaaement 14.0 6,0 10,0 30 S6.120 L1,4 ICitv Meetinas {Assumes 6 Meetinas) 6.0 6,0 6.0 6.0 6,0 30 S5 730 TASK 1 TOTAL 10 0 0 10 22 12 6 0 18 0 0 0 78 $15180 soT S15180 TASK 2-Preliminary ResearcMnvestigation & Assesment 2.1 Existing utilities research (GIS) 2.0 4.0 6 S790 2.2 Existina utiUlies research 4.0 4 S640 2.3 Record Research 4.0 4.0 8 S1140 2.4 RECON-lnitial Bioloaical Research 25.0 25 S5.375 )> 2.5 Aerial ToooaraDhv (Drone) 8.0 62.0 70 S10.710 .... 2.6 Maooina 10.0 28.0 38 S6 210 .... ~ 2.7 GEOCON Initial Geotechnical lnvestioation 0 so S6 545 (') 2.8 ChanQ Consultants Initial (HEC-RAS & Report) 0 so S17.600 2.9 Chang Consultants Sediment Transport Anatysis• (Optional. see 0 so ::r below\ 3 2.10 Suoclemental Survev 8.0 8 S2,000 ct) 2.11 Site Visit 2.0 3,0 4.0 4.0 13 S2,04S ::I 2.12 Basefile Comoilation 2.0 8.0 10 S1,6SO -TASK2 TOTAL 0 4 0 11 0 6 20 18 25 90 8 0 182 S30 560 $24145 $54 705 N TASK 3-Conceot Oes1on & Cost Estimates 3.1 Conceot Enoineerino -Two 2 Attemative Desions 10 20 100 130 S21 850 3.2 Concept Landscape -Two (2) Alternative Designs 8 12 16 40 76 $10,620 3.3 RECON 10 10 S2.150 3.4 GEOCON Desion Consultation 0 so S2 035 3.L J.T. Kreuer 0 so $3,540 TASK3 TOTAL 8 12 16 40 10 20 100 0 10 0 0 0 216 $34 620 $5,575 I $40,195 TASK 4 -AniiCi -ated Erlvironmental Clearance & Penn its 4.1 RECON 25 25 S5 375 TASK4TOTAL 0 0 0 0 0 0 0 0 25 0 0 0 25 $5 375 so $5,375 TASK 5 -Pre aration of Draft & Final Re art Assessment 5.1 Draft Re ort Pre aralion 8 32 20 30 90 S1S.S70 5.2 Final Report Preparation 4 12 12 20 48 S8,640 TASKS TOTAL 12 0 0 44 32 so 0 0 0 0 0 0 138 s24,210 ___ so_ _$1_4.2f0 ,v,,-u .. ESTIMATEO PROJccf LABOR Z DIRECT COSTS .MtHQQtj ADDITTONAL OPTTON £CHANG~C_Q!jSULTANTS/ 30 I 16 I 16 I 105 I 64 I 81 I 126 I 18 I 78 I 90 I 8 I 0 I 639 I s109,945 I $29,720 I $139,665 October 17, 2023, Item #4EXHIBIT "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 ReformActo/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) 19 of 21 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 1 October 17, 2023, Item #4Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 20 of 21 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. 2 October 17, 2023, Item #4Cal Gov Code § 7522.56 (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to ajudgeship 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 Il who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(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). 21 of 21 3 October 17, 2023, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway CITY COUNCIL October 17, 2023 Honorable Mayor and Members of the City =~~ii Eric Heidemann, Director of Public Works .~ Will Wiley, Assistant Director of Public Works for Maintenance Operation ... ~/ (858) 668-4705 or wwiley@poway.org "'T Acceptance of the Booster Pump Replacement, Bid No. 22-001 with Blue Pacific Engineering Construction, Inc. as Complete On May 3, 2022, the City Council awarded the contract for the Booster Pump Replacement to Blue Pacific Engineering Construction, Inc., in the amount of $94,000.00. This action will accept the project as complete. Recommended Action: It is recommended the City Council: (1) Accept the Booster Pump Replacement 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 $4,700.00, if unencumbered, 45 days after City Council acceptance; (4) Release The Ohio Casualty Insurance Company Bond for Material and Labor in the amount of $94,000.00, after the release of retention; and (5) Retain the Ohio Casualty Insurance Company Bond for Faithful Performance for a period of one year. Discussion: The Booster Pump Replacement project included replacement of four (4) damaged irrigation booster pump stations within Landscape Maintenance District 19-01 (LMD 19-01) that had reached the end of their useful life and were non-functional. The replacement of the booster pumps increased sprinkler coverage and efficiency. For efficiency and optimal pricing, the City of Poway entered into an agreement with Blue Pacific Engineering Construction, Inc., whom was the lowest responsive bidder. There were no change orders for this project. The final contract amount remains $94,000.00. 1 of 2 October 17, 2023, Item #5Environmental 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: This project was funded by the FY21-22 LMD 19-1 Division Budget. Sufficient funds are available in LM D 19-1 other contractual services (420140-41200) for release of retention. Public Notification: None Attachments: None Reviewed/Approved By: Wen~ erman Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney October 17, 2023, Item #6DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway October 17, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /M Hector Salgado, Senior Planner ~ ~ (858) 668-4656, hsalgado@poway.org CITY COUNCIL Conditional Use Permit (CUP) 23-0002, a request to establish a 16,000 square foot fitness center within an existing vacant commercial building tenant space located at 12342 Poway Road and a determination that the Project is exempt from CEQA review pursuant to CEQA Guidelines section 15301 The applicant is requesting a Conditional Use Permit approval to establish a 16,000 square foot fitness center within an existing vacant commercial building tenant space located at 12342 Poway Road in the Commercial General (CG) land use designation of the Poway Road Specific Plan area. A large fitness center (2,001 square feet or greater) is permitted in the CG land use district with the approval of a conditional use permit. Recommended Action: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A) approving the project and making the determination the Project is exempt from CEQA review pursuant to CEQA Guidelines section 15301. Discussion: The applicant is Daniel Mullin, who is processing the CUP on behalf of Planet Fitness. The property owner is CREFMA 1 Poway Town Center Owner, LLC. The subject property is located at 12342 Poway Road within the Commercial General (CG) land use designation of the Poway Road Specific Plan area (PRSP). The subject tenant space (former Big Lots store) is within the Poway Town Center commercial shopping center located at the northwest corner of the intersection of Poway Road and Pomerado Road (Attachment B). Surrounding land use consists of North Park Produce market in the adjacent commercial tenant space to the west, Dunn Edwards Paints store in the adjacent commercial tenant space to the east, single family residential development (zoned Residential Single family-4) to the north and a commercial center with Smart and Final and the 99 Cent store as major tenants across Poway Road to the south. The applicant will complete tenant improvements within the existing 16,047 square-foot space. The floor plan proposes a large open gym area along with smaller enclosed tanning and hydro lounge spaces, and separate men's and women's showers, locker rooms and restrooms (Attachment C). The proposed exterior building improvements are minor and will consist of changing out the existing glass sliding doors with new glass entry doors (Attachment D). New wall 1 of 13 October 17, 2023, Item #6signage will be installed subject to the approval of a sign permit. As shown on the project site plan (Attachment E), the applicant agreed to complete the following site improvements as conditions of approval of the project: • Enhance and supplement landscaping in the existing landscape planters at the ends of the three traffic aisles located directly in front of the fitness center storefront. • Provide a compliant accessible connection of the existing pedestrian path that extends along the front of the shopping center building to the Pomerado Road sidewalk. • The existing driveway approaches along Poway Road and Pomerado Road will be made ADA-compliant. Pursuant to Poway Municipal Code Section 17.42.030, the proposed fitness center is required to have a minimum of 81 parking spaces. A parking analysis was prepared for the project based on parking demand of the current businesses in the center and the proposed use. It was found that there is adequate parking to serve the proposed fitness center as well as the other businesses in the commercial center. The proposed fitness center will be open 24 hours a day, seven days a week. Environmental Review: The proposed project is a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, in that the project involves minor alterations to an existing building where the operation of a fitness center is allowed as a conditional use by the underlying Poway Road Specific Plan land use designation, the proposed project consists of a new commercial use that will replace a previous commercial use within an existing building, and the project will involve negligible or no expansion of use. Fiscal Impact: The proposed development is anticipated to have negligible increase in assessment value and very little sales tax revenue due to Planet Fitness' business model. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on October 5, 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. Proposed Floor Plan D. Southernly Building Elevation E. Site Plan 2 of 13 October 17, 2023, Item #6Reviewed/Approved By: w!~,~ Assistant City Manager 3 of 13 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager October 17, 2023, Item #6RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 23-0002 TO ESTABLISH A 16,000 SQUARE FOOT FITNESS CENTER IN A COMMERCIAL TENANT SPACE LOCATED AT 12342 POWAY ROAD; ASSESSOR PARCEL NUMBER: 317-153-21-00 WHEREAS, Conditional Use Permit (CUP) 23-0002, submitted by Daniel Mullin, applicant, a request to establish a 16,000 square foot fitness center in an existing commercial tenant space located at 12342 Poway Road in Commercial General (CG) land use district of the Poway Road Specific Plan (PRSP); WHEREAS, on October 17, 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 proposed project is Categorically Exempt as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, in that the project involves minor alterations to an existing building where the operation of a fitness center is allowed as a conditional use by the underlying Poway Road Specific Plan land use designation and the proposed project consists of a new commercial use that will replace a previous commercial use within an existing building and the project will involve negligible or no expansion of use. SECTION 2: The findings, in accordance with Section 17.48.070 of the PMC, to approve CUP 23-0002, are made as follows: A. The location, size, design and operating characteristics of the proposed use are in accord with the General Plan, and the development policies and standards of the City in that the fitness center is allowed on a property with a land use designation of CG of the PRSP area with the approval of a CUP and will otherwise comply with all of the relevant codes and standards of the City of Poway. B. The location, size, design, and operating characteristics of the fitness center use will be 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 conducted entirely within an existing commercial building. C. That the scale, bulk, coverage and density is consistent with adjacent uses, in that the use will operate entirely within an existing commercial building that is part of an existing 4 of 13 ATTACHMENT A October 17, 2023, Item #6commercial center. Resolution No. 23-Page 2 D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use in that the use is locating within an existing commercial building that is served by public 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 area in that the use will operate entirely within an existing commercial tenant space and in a manner that is compatible with surrounding commercial and residential development. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that the proposed fitness center use will be locating within an existing commercial tenant space within a commercial center and typically the average daily vehicle trips generated by a neighborhood commercial center is greater than the average daily vehicle trips generated by a fitness center. Therefore, there should be no increase in traffic. 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 tenant space within an existing commercial center in an area that is designated as a (CG) land use district which permits the operation of a large fitness center 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 the fitness center use will operate entirely within an existing commercial building and in a manner that is compatible with surrounding commercial and residential development. 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 fitness center 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 proposed fitness center use 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 23-0002 as shown on the site plan incorporated herein by reference and stamped as "Exhibit A" and dated April 28, 2023, on file in the Development Services Department, except as noted herein, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or s of 13 October 17, 2023, Item #6Resolution No. 23-Page 3 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. 8. 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 23-0002 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 23-0002 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 developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels. H. 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. I. All roof appurtenances, including air conditioners, shall be architecturally intergraded, screened from view and sound buffered from adjacent properties and streets as required by the Development Services Department. J. 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. K. No outdoor storage, display or activities shall occur onsite except through approval of the appropriate permits. L. 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. M. The facility shall be operated in such a manner as to minimize any possible disruption 6 of 13 October 17, 2023, Item #6Resolution No. 23-Page 4 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. N. 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: 0. 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. P. Any signs proposed for the project shall be designed in accordance with the Sign Ordinance and the comprehensive sign program for Poway Town Center. The necessary Sign Permit(s) and Building Permit(s) approvals for signage shall be obtained prior to installation. Q. 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: 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) 7 of 13 4. Building plans shall show the existing driveway approaches along Poway Road and Pomerado Road to be made ADA-compliant. Please show new, ADA-compliant driveways per San Diego Regional Standard Drawings at all driveway entrances. The layout and standard(s) to be used shall be noted on the site plan. 5. Building plans shall show an ADA-compliant path of travel from the building entrance to the City's sidewalk fronting the parcel. 6. The applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 7. A minimum cash security for erosion control is required. 8. The applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City October 17, 2023, Item #6Resolution No. 23-Page 5 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. 9. Erosion control shall be installed and maintained by the developer from October 1 to April 30 annually. The developer shall maintain all erosion control devices throughout their intended life. 10. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 11. Prior to start of any work within a City-held easement or right-of-way, a Right-of~ Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. This will be required to be approved prior to building permit issuance. 12. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. (Planning) 13. The six landscape planters located at the ends of the traffic aisles that are directly in front of the subject tenant space shall be enhanced and refreshed with trees and shrubs in accordance with the City Landscape and Irrigation Design Manual if the total square footage of the subject landscape planters exceed 2,500 square feet landscape and irrigation plans and the accompany plan review fees shall be submitted to the Planning Division for review and approval. Pursuant to Poway Municipal Code Section 17.41.200 Prescriptive Compliance if the total square footage of the six landscape planters is less than 2,500 square a landscape documentation package along with the required review fees shall be submitted to the Planning Division for review and approval. R. Prior to Final Inspection: (Engineering) 8 of 13 1. An adequate drainage system shall be provided around the building pad capable of handling and disposing all surface water to the satisfaction of the Engineering Inspector. 2. The applicant shall repair, to the satisfaction of the City Engineer, any and all damage to public improvements caused by construction activity from this project. (Planning) 3. The sign facia area of the subject tenant space shall be refurbished (repaired, painted, etc.) so that it is similar to the adjacent tenant facia to the satisfaction of the Director of Development Services. 4. Landscaping and irrigation shall be completed in accordance with the approved landscape plan. Any missing, dying or dead landscaping shall be replaced and shall October 17, 2023, Item #6Resolution No. 23-Page 6 be adequately irrigated and permanently and fully maintained by the Property Owner at all times. a. The site shall be cleared of all construction materials, supplies, and equipment. The landscaping shall be kept in a thriving condition. Landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the owner. SECTION 4: The approval of CUP 23-0002 shall expire October 17, 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: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of October 2023, by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 9 of 13 October 17, 2023, Item #6~RR-C RS-1 • 0 NORTH 10 of 13 -u 0 '----------1 0 ~ L__-------! 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'-"J.'Slrca>Sl'......,_Tw.KEIIIIL-»Ol~-~•IIVCZ:lll'JQUroC!04Xln, ~10NllU~ October 17, 2023, Item #6Nlt(; NOT(; [IT[RIOII 0.CVAOONS NC> S1CK1rCE: ARE rOfl: R(f[R(NC[ ON.Y »() WU 8C Rt'o'l[l{D lHlCII TH[ BVSIN[SS SI-IAll. HAV( AF'PACMD HUM8CRS PlAC(D AT ~ APPRCNCD LOCATION. lOCA.noH SHM.1. B( PUJN..Y 'o1Sl8l£ ANO UCIBL[ FROM TH( STIIE£T OR RQI.OWAY r 1111,•o•m••'"'"""""IY"""'°'""'""'CTIOH"' ,111 ;-, ! i1·"'"'K"°"" .... """""""""'""''11J } ~-== r m ',' APPAtW:H. .-ooR[SS N\JMIIERS 9Wl. CONTRAST ..,TH THOR :; FCIIDU'BUUIDEfUR:DaBITTAL ~~-----•'-u-'1?1-.. I(!),_, l!(QQ.l'flilOCII' ,!.J 8,,1,CKGROUt()N()M[aTHECITYorPf!NAYSTAHOAAOS ii.al.: l...§§:§~~~~§::~~-~~,:=:~-IO-11.CSJV..:0-' lt,«i.: NltlU.l,tm•f',,itA-,,\o!JWTSOiOIX"lll~. 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(QFR~ 8 {Q PARKING LEGEND ([)~orTY!'IC,t,l.,-...c,STM..LS-01 ([) OlWffllYOf'w.H /<QCDSl8U:S'TAU5 • 7 (C)0UOHTl!'YOf'VM..ecu5111US1Atil-ll ([)TOTALP--.:.S,M..LSl'ICOfTtlll• •~ ,_ ~-----e, ~ I --!Ql'flCJ'Offli "' I ~.,.OIUilil«i ~-0~ ,. 01 i ! ? • ~ i !~ ~~ r----- ----+---------,c~n---=~=-~~,,, ! ! 1,750S0.FT. CVS PHARMACY 25,500 SQ. FT. """"""" ii i i ~ t' ~ ~ti z =>~ ~ ·g I CHELSEA LJ\J, COS 2,100S0.FT. WNSTUOIO 1,5'0S0.FT. SAL'S BARBER _!l_l~SO.FT_,_ ~~ I! TITITIT ------------·:~~-rill("----.-' ~;' ' illi ➔~'""y(/ 6 \\\ ~ i ·""""'""'~"'-~"'"'""'."' ~ --~·---1·~ \ A'< KU· l ~ --~ ----=' 5.~~t::&_-;;,=~===-===-==-==-=======--=--=--=--=--=-=-=-=-=-=-::....:::....:::....::....::....::....:~~~ ~ ~ ---~ =EE!.:&.-----.==, /;. 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M P'UMt fll.rwn T~-.... 0 SITE PLAN M ,.... =:.,,~~ l"'lo<t""iJ1110\ Aprit11th,20U (1.0 1 of 13October 17, 2023, Item #7AG EN DA REPORT City of Poway DATE: TO: FROM: CONTACT: SUBJECT: Summary: October 17, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services .M Tracy Beach, City Engineer-re, (858) 668-4652 or tbeach@poway.org Midland Road Safety Improvements CITY COUNCIL On August 23, 2023, the City's Traffic Safety Committee (TSC) supported staffs recommendation to install improvements to address safety concerns on Midland Road, which was analyzed after receiving direction from the City Council and a resident request to evaluate Midland Road for traffic calming measures. The improvements consist primarily of replacement of existing warning signs with fluorescent yellow-green signs, rapid flashing beacon signs and a speed feedback sign. Recommended Action: It is recommended the City Council: (1) Approve the proposed safety improvements on Midland Road; (2) Authorize the City Manager to allow the expenditure of funds from the Motorist Services Program Account (STR0002) to install new signs estimated at $156,000.00; (3) Appropriate additional funds in the amount of $14,528.40 from the Excess Safe Reserve Fund (2840) available fund balance to the Motorist Services Program Account; and (4) Authorize the City Manager to execute the necessary documents for the installation of the safety improvements. Discussion: The City Council directed staff to evaluate Midland Road due to several residents expressing concerns related to speed and other traffic related issues. A petition requesting traffic calming measures along Midland Road from Edgemoor Street to Hilleary Place was also submitted. Additionally, staff heard several residents speak at recent City Council meetings and received emails from residents expressing concerns related to Midland Road traffic. Therefore, this item was first brought to the TSC for discussion on May 10, 2023. At this meeting, the TSC provided an opportunity for public input to discuss resident concerns regarding traffic operations on Midland Road. Notice was sent to 118 properties, including all residents who had spoken at recent City Council meetings or reached out to staff with concerns. There were approximately 15 speakers, all residents of Poway who lived in the general vicinity of Midland Road. 2 of 13October 17, 2023, Item #7At the May 10, 2023, meeting, residents expressed concerns regarding speeding along the entire length of Midland Road and that the set speed limits of 35 miles per hour for portions of Midland Road seem too high. Concerns were also raised regarding several crosswalks along Midland Road and how cars do not stop for pedestrians at the existing crosswalks. More specifically, several concerns were raised about the existing crosswalk at Norwalk Street and the crosswalks in front of Midland Elementary School. Several residents spoke about driver behavior (illegal U-turns, illegal use of the two-way left turn lane, improper passing, etc.) near Midland Elementary. Other issues raised were increased traffic volumes on Midland Road and that sections of Midland Road did not have bicycle lanes. In response to comments made during the TSC meeting, staff considered various improvements that could improve pedestrian safety along Midland Road. The TSC then held a specially scheduled meeting on August 23, 2023, to discuss the staff proposed improvements. Many of the speakers expressed the same concerns and were happy with the proposed improvements. Several speakers asked for speed bumps and reduced speed limits. The proposed improvements along with the engineering evaluation performed by staff, are summarized in the staff report prepared for the August 23, 2023, TSC meeting. The full report is provided as Attachment A. The TSC accepted all the proposed recommendations. The recommended street improvements address most issues raised by the Midland Road residents except for the request for speed bumps and speed reduction. Regarding speed bumps, these can be problematic and are not typically installed on collector streets or primary routes for emergency vehicles. The Fire Department explained the use of speed bumps is a concern since they slow down response times in emergencies. The Poway Unified School District also expressed safety concerns for school buses driving over speed bumps, especially for special needs students where the extra jarring movement caused by driving over speed bumps may cause injuries. Speed limits are set by a state formula based on the 85th percentile speed. Further discussion of the speed along several segments of Midland Road is included in the TSC staff report. If the City arbitrarily sets the speed limit below the calculated level, it cannot be enforced. The City's traffic consultant, Kimley-Horn, has prepared a cost estimate for the proposed sign changes and installation (see Attachment B). Environmental Review: The proposed modifications to an existing City Street are Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 (c) of the CEQA Guidelines, in that the project involves maintenance of existing streets with no expansion of use. Fiscal Impact: The available budget in the Motorist Aid Services Program (STR0002) is currently $141,871.60. To install the proposed sign changes and address resident safety concerns, an additional appropriation of $14,528.40 is needed from the Excess Safe Reserve Fund (2840). Public Notification: Notice of the City Council meeting was sent to all residents who signed the petition requesting traffic calming measures, residents who attended either of the TSC meetings, residents who had spoken at 3 of 13October 17, 2023, Item #7recent City Council meetings and residents who had reached out to staff with concerns. Attachments: A. August 23, 2023 Traffic Safety Committee Staff Report for Midland Road Traffic Calming B. Midland Road Signage Improvements Cost Estimate Reviewed/Approved By: w~~e~ Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney City Manager CITY OF POWAY MEMORANDUM TO: Traffic Safety Committee FROM: Tracy Beach, City Engineer DATE: August 23, 2023 SUBJECT: Midland Road Traffic Calming BACKGROUND The City received inquiries regarding traffic on Midland Road. City Council directed staff to look into this matter and therefore, this item was brought to Traffic Safety Committee for discussion on May 10, 2023. Additionally, staff heard several residents speak at recent City Council meetings and received emails from residents expressing concerns related to Midland Road traffic. A petition requesting traffic calming measures along Midland Road from Edgemoor Street and Hilleary Place was also submitted. The request was signed by at least seventy percent of the affected property owners as required by the City’s Traffic Calming Brochure. On May 10, 2023, the Traffic Safety Committee provided an opportunity for public input to discuss resident concerns regarding traffic operations on Midland Road. Notice was sent to 118 properties, including all residents who had spoken at a recent City Council meeting or reached out to staff with concerns. There were approximately 15 speakers, all residents of Poway who lived in the general area of Midland Road. The residents expressed concerns regarding speeding along the entire length of Midland Road and that the set speed limits of 35 miles per hour for portions of Midland Road seem too high. Concerns were also raised regarding several crosswalks along Midland Road and how cars don’t stop for pedestrians at the existing crosswalks. More specifically, several concerns were raised about the existing crosswalk at Norwalk Street and the crosswalks in front of Midland Elementary School. Several residents spoke about driver behavior (illegal U-turns, illegal use of the two-way left turn land, improper passing, etc.) near Midland Elementary. A couple residents discussed increased traffic volumes on Midland Road and a couple others spoke of sections of Midland Road that did not have bicycle lanes. In response to comments from the Traffic Safety Committee meeting, staff considered various improvements that could improve pedestrian safety along Midland Road. Below is a summary of the engineering evaluation performed by staff and then the staff recommendations for the Traffic Safety Committee to consider. 4 of 13 October 17, 2023, Item #7ATTACHMENT A Midland Road and Norwalk Street Intersection (Attachment A) Existing conditions at the intersection of Midland Road and Norwalk Street include one mid-block crosswalk with high-visibility ladder striping and pedestrian and horse crossing warning signs. The crosswalk facilitates pedestrian and equestrian traffic from an unpaved trail to the east. Each curb located on the western side of the intersection features ADA compliant ramps, and an additional Americans with Disabilities Act of 1990 (ADA) compliant ramp is located on the eastern side of the intersection which meets the crosswalk ladder striping. Signage improvements are being proposed as a traffic calming measure to improve safety for those crossing the intersection. All existing warning signs would be replaced with fluorescent yellow-green signs. Additionally, a push button activated Rectangular Rapid Flashing Beacon (RRFB) would be installed at each end of the designated crosswalk. Additional advanced notification fluorescent yellow-green pedestrian crossing signs would be installed in both north and south directions of Midland Road. See Attachment A for a detailed illustration of signage improvements for this intersection. Peak hour turning movement counts were collected at the intersection in July 2023. An all-way stop evaluation was performed to determine if an all-way stop would be warranted for this intersection. The analysis determined an all-way stop is not warranted. A summary of the analysis is shown in Attachment B. Midland Road from Vian Road to Adrian Street (Attachment C) The second segment of the Midland Road, between Vian Road and Adrian Street, is classified as a two-lane collector and has a posted speed limit of 25-mph. The segment features two travel lanes (one lane per direction) without a median. A Class III bike route exists for the entire length of the segment, with sharrow striping present in both directions. Continuous sidewalks exist on both sides of the segment, for the entire length of the segment. All curb ramps are ADA-compliant, and all crossings feature curb bulbouts. All intersections along the segment feature high-visibility, ladder-style crosswalks across all approach legs. Uncontrolled crosswalks exist at the intersection of Midland Road/Adrian Street; however, pedestrian warning signs exist on Midland Road. Continuous overhead street lighting exists on both sides of the roadway, for the entire length of the segment. Additionally, sidewalks provide overhead pedestrian lighting on both sides, for the entire length of the segment. On-street parking exists on segments of both sides of Midland Road, via angle-in parking on both sides of the segment. This segment of Midland Road is surrounded by commercial and retail land uses, in addition to Old Poway Park, public parking and veterinary clinic land uses. This area serves as parking for the Poway farmer’s market. Several commercial driveways exist along this segment. All intersections along the segment are stop-controlled. The average daily traffic along this segment is 6,049 vehicles according to the 2019 count data. Due to existing roadway characteristics, including an uncontrolled pedestrian crossing, angle-in roadside parking on both sides, and high percentage of traffic within the 10-mph pace (88%), the 2019 traffic survey recommended maintaining the existing 25-mph speed limit along this segment. The 10-mph pace is the range of speed at which the majority of cars are traveling on a particular stretch of road. While the 85th percentile is the maximum speed that 85% of drivers will not exceed, the 10-mph pace is the range of speed at which those cars are actually moving. The 10-mph pace for this segment was 17-26 mph. Proposed signage improvements include replacing existing warning signs on Midland Road with fluorescent yellow-green signs, replacing existing stop signs at each stop-controlled intersection with new stop signs equipped with solar power LED flashing beacons. Additionally, at the 5 of 13 October 17, 2023, Item #7 uncontrolled intersection of Midland Road and Adrian Street, RRFBs would be installed on the southeast and northwest points of the intersection, warning oncoming traffic for both crosswalks across Midland Road. The other two points (southwest and northeast) of the intersection would have push buttons with flashing pedestrian warning signs. See Attachment C for a detailed view of proposed signage improvements for this segment. Midland Road between Temple Street and Edgemoor Street (Attachment D) The third segment of Midland Road, between Temple Street and Edgemoor Street, has two lanes (one lane per direction). This segment has a posted speed limit of 25-mph and angled parking exists on both sides of the road. Curb ramps feature curb bulbouts at both the intersection of Temple and Edgemoor Streets. Overhead street lighting is continuously provided on both sides of the roadway, for the entire length of the segment. Sidewalks are provided on both sides of the street. Due to existing roadway characteristics, including angle-in roadside parking on both sides, and high percentage of traffic within the 10-mph pace (88%), the 2019 traffic survey recommended maintaining the existing 25-mph speed limit along this segment. Proposed signage improvements include replacing existing stop signs at each stop-controlled intersection with new stop signs equipped with solar power LED flashing beacons. Additionally, for the northbound approach, traffic is approaching from a 35-mph speed limit area and a LED flashing stop ahead warning sign is being proposed. See Attachment D for a detailed view of proposed signage improvements for this segment. Midland Road between Poinsettia Drive and Putney Road (Attachment E) The fourth segment of Midland Road, between Poinsettia Drive and Putney Road, has two-lanes (one lane per direction) between Edgemoor Street and Putney Road. This segment has a posted speed limit of 35-mph. A two-way left-turn lane exists between Edgemoor Street and Putney Road and features a Class III bike route with sharrow striping, in both directions, between Edgemoor Street and Poinsettia Drive, and Class II bike lanes, in both directions, between Poinsettia Drive and Putney Road. Continuous sidewalks exist on both sides of the segment, with ADA-compliant curb ramps at all crossings. Curb ramps feature curb bulbouts near Midland Elementary School, located on the right side of the roadway, south of Edgemoor Street. Overhead street lighting is continuously provided on both sides of the roadway, for the entire length of the segment. Transit stops, serviced by the San Diego Metropolitan Transit System (MTS) Route 945, exist on both sides of this segment. On-street parking is permitted along some short portions of the segment. This segment of Midland Road is mainly surrounded by residential and retail land uses, in addition to church, office, and school land uses. Several retail and residential driveways exist on both sides of this segment. The average daily traffic along this segment is 9,433 vehicles according to the 2019 count data. Due to existing roadway characteristics, including the termination of Midland Road at Poway Road, high percentage of traffic within the 10-mph pace (96%), pedestrian traffic near Midland Elementary School, and consideration for bicyclists, the 2019 traffic survey recommended maintaining a 35-mph speed limit along this segment. The 10-mph pace for this segment was 31 to 40 mph. Thus, 96% of drivers were driving within this pace. Proposed improvements along this segment include extending the Midland Elementary school zone approximately 470 feet further south along Midland Road and relocating the 35mph speed limit sign currently located at the school parking lot exit, facing vehicles in the southbound direction, near the intersection of Scots Way. A solar power LED vehicle speed feedback sign is proposed to be 6 of 13 October 17, 2023, Item #7 installed on Midland Road, between Janette Lane and Somerset Road, facing vehicles traveling in the northbound direction towards Midland Elementary School along with new fluorescent yellow- green warning signs. See Attachment E for a detailed illustration of proposed improvements for this segment. In addition to all of the above recommendations along Midland Road, Sheriff deputies plan to conduct additional enforcement for speed related issues. Attachments: A. Signage Improvements for Midland Road and Norwalk Street Intersection B. Data analysis with Traffic Counts for Midland Road and Norwalk Street Instersection C. Signage Improvements from Vian Road to Adrian Street D. Signage Improvements from Temple Street to Edgemoor Street E. Signage Improvements from Poinsettia Drive to Putney Road 7 of 13 October 17, 2023, Item #7 125:$/.670,'/$1'5'5%&$/(*(1'(1/$5*('9,(:2)62/$5/('6,*1127(61257+0,'/$1'52$'32:$<&$$77$&+0(17$6,*1$*(,03529(0(176)250,'/$1'52$'$1'125:$/.675((7,17(56(&7,216,*1$*((;+,%,78 of 13 October 17, 2023, Item #7[2J IT] 0 ~ 0 REMOVE EXISTING SIGN. ~~ 0 INSTALL NEW FLOURESCENT YELLOW-GREEN SIGN. INSTALL NEW FLOURESCENT YELLOW-GREEN SIGN WITH PUSH BUTTON ACTIVATED RECTANGULAR RAPID FLASHING BEACON (RRFB). 0 EXISTING SIGN WILL REMAIN. Kimley>>> Horn -0-EXISTING SIGN --.--PROPOSED SIGN _o__ 0 <p I..,-I PUSH BUTTON RRFB ~GRAPHIC SCALE IN FEET GRAPHIC SCALE IN FEET ~o r k:\snd_lpto\095324100 poway on call\exhibit\2023.06.27 -midland rd traffic calming\cad\2023.0803 -revised exhibits for public\202308.03 -midland_exhibil_adwg 8/76/2023 7LPH0DMRU(QWHULQJ9HKLFOHV0LQRU6WUHHW9HKLFOHV0LQRU3HGV 0LQRU%LNHV!9HK0DMRU!9HK3HG%N0LQRU6WUHHW0HHWV&ULWHULD !9HK0DMRU!9HK3HG%N0LQRU6WUHHW0HHWV&ULWHULD$01R1R1R1R1R1R$0 1R1R1R1R1R1R$0 1R1R1R<HV1R1R$01R1R1R1R1R1R$01R1R1R1R1R1R$01R1R1R1R1R1R301R1R1R1R1R1R301R1R1R1R1R1R301R1R1R1R1R1R301R1R1R1R1R1R30 <HV1R1R<HV1R1R30 <HV1R1R<HV1R1R301R1R1R1R1R1R301R1R1R1R1R1R&$087&'9ROXPH&ULWHULD&$087&'9ROXPH&ULWHULD7DEOH7UDIILF9ROXPH$QDO\VLV0LGODQG5RDGDQG1RUZDON6WUHHWƚƚĂĐŚŵĞŶƚ͗WĞĂŬ,ŽƵƌdƵƌŶŝŶŐDŽǀĞŵĞŶƚƐĨŽƌDŝĚůĂŶĚZŽĂĚĂŶĚEŽƌǁĂůŬ^ƚƌĞĞƚ/ŶƚĞƌƐĞĐƚŝŽŶ9 of 13 October 17, 2023, Item #7 Kimley>»Horn ••1-==-=0lll,-ATTACHMENT B: PEAK HOUR TURNING MOVEMENTS FOR MIDLAND ROAD AND NORWALK STREET INTERSECTION. SIGNAGE EXHIBIT MIDLAND ROAD, POWAY, CA ~~ ... 4,.le\09M2Ci00 "->' ,on ,c,J11\~it-il\2:0.2~6$.V -iP.bloJnd ni traifk: <dil~\ood\20.fiM.OO -~ dlliii. kw ~\20:fi0a.M -~ci-•~t_-,.-, 9/iti/202-' $8%5(<67$'5,$1679,$15'/(*(1'(1/$5*('9,(:2)62/$5/('6,*16127(61257+0,'/$1'52$'32:$<&$$77$&+0(17&6,*1$*(,03529(0(176)5209,$152$'72$'5,$1675((76,*1$*((;+,%,710 of 13 October 17, 2023, Item #7OJ IT] [TI 0 IT] ~ 0 REMOVE EXISTING SIGN. INSTALL NEW FLOURESCENT YELLOW-GREEN SIGN. INSTALL NEW SIGN WITH SOLAR POWER LED FLASHING SIGNAL. INSTALL NEW FLOURESCENT YELLOW-GREEN SIGN 'MTH PUSH BUTTON ACTIVATED RECTANGULAR RAPID FLASHING BEACON (RRFB). EXISTING SIGN WILL REMAIN. INSTALL NEW FLOURESCENT YELLOW-GREEN SIGN WITH SOLAR POWER LED FLASHING BEACON. INSTALL PEDESTRIAN PUSH BUTTON. Kimley>>> Horn -U-EXISTING SIGN --.--PROPOSED SIGN ti' ·" "~" "-\,. -l~I I ~ ~ PUSH BUTTON LED FLASHING BEACON ~ ,~1 [ill , •. PUSH BUTTON RRFB LEO FLASHING BEACON SIGNAL tB ~it ~: ~ ~ GRAPHIC SCALE IN FEET GRAPHIC SCALE IN FEET ~o T k:\snd_lpto\095324100 pow□ y on call\exhibit\2023.06.27 -midland rd traffic calming\cad\2023.0803 -revised exhibits for public\202308.03 -midland_exhibil_bdwg 8/17/2023 ('*(0225670,'/$1'5'7(03/(670,'/$1'(/(0(17$5<6&+22//(*(1'(1/$5*('9,(:2)62/$5/('6,*16127(61257+0,'/$1'52$'32:$<&$$77$&+0(17'6,*1$*(,03529(0(176)5207(03/(675((772('*(0225675((76,*1$*((;+,%,711 of 13 October 17, 2023, Item #7~ REMOVE EXISTING SIGN. [I] INSTALL NEW FLOURESCENT YELLOW-GREEN SIGN. [TI INSTALL NEW SIGN WITH SOLAR POWER LED FLASHING SIGNAL. 0 EXISTING SIGN WILL REMAIN. Kimley>>> Horn -U-EXISTING SIGN --.-PROPOSED SIGN LEO FLASHING BEACON SIGNAL • /-~-"-~ LED FLASHING BEACON SIGNAL ~GRAPHIC SCALE IN FEET GRAPHIC SCALE IN FEET ~o T k:\snd_tpta\095324100 poway on coll\exhibit\20230627 -midland rd tr□lfic calming\cad\2023.08.03 -revised e¼hibits for public\2023.08.03 -midland_exhibit_c.dwg 8/17/2023 0,'/$1'5'620(56(75'0,'/$1'(/(0(17$5<6&+22/)520 72-$1(77(/13871(<5'$3$&+(5'6&276:$<32,16(77,$'5/(*(1'(1/$5*('9,(:2)62/$5/('6,*16127(61257+30,'/$1'52$'32:$<&$$77$&+0(17(6,*1$*(,03529(0(176)52032,16(77,$'5,9(723871(<52$'6,*1$*((;+,%,712 of 13 October 17, 2023, Item #7[I] INSTALL NEW FLOURESCENT YELLOW-GREEN SIGN. [I] EXISTING SIGN WILL REMAIN. [I] RELOCATE EXISTING SIGN AS SHOWN. 0 INSTALL SOLAR LED VEHICLE SPEED FEEDBACK SIGN. Kimley>>> Horn -U-EXISTING SIGN --.--PROPOSED SIGN ■ YOUR SPEED -□ LED VEHICLE SPEED FEEDBACK SIGN ~GRAPHIC SCALE IN FEET GRAPHIC SCALE IN FEET ~o 8i° k:\snd_lpto\095324100 pow□ y on call\exhibit\2023.06.27 -midland rd traffic calming\cad\2023.0803 -revised exhibits for public\202308.03 -midland_exhibil_ddwg 8/76/2023 Item Item Description Quantity Unit Unit Cost Total Cost 6 Furnish and Install New Flourescent Yellow-Green W11-2 Sign 8 EA $300.00 $2,400 7 Furnish and Install New Flourescent Yellow-Green W16-9P Sign 6 EA $250.00 $1,500 8 Furnish and Install New Flourescent Yellow-Green W11-7 Sign 2 EA $300.00 $600 9 Furnish and Install New Flourescent Yellow-Green W16-7P(L) Sign 1 EA $250.00 $250 9 Furnish and Install New Flourescent Yellow-Green S4-5 Sign 1 EA $300.00 $300 24 Furnish and Install New Sign with Solar Power LED Rectangular Rapid Flashing Beacon (RRFB) Assembly by Carmanah or Approved Equal on new 10' 1-A Pole 4 EA $15,000.00 $60,000 25 Furnish and Install New Sign with Solar Power LED Flashing Beacon by Tapco or Approved Equal on New 10' 1-A Pole 14 EA $3,000.00 $42,000 26 Furnish and Install New Sign with Solar Power LED Flashing Beacon by Tapco or Approved Equal and Pedestrian Push Button Assembly on New 10' 1-A Pole 2 EA $10,000.00 $20,000 27 Furnish and Install Solar Power LED Speed Feeback Sign SpeedCheck-15 by Carmanah or Approved Equal on New 10' 1-A pole 1 EA $15,000.00 $15,000 Signage Subtotal $142,100 Midland Road Subtotal $142,100 Midland Road Contingency (10%)$14,300 Midland Road Grand Total $156,400 1. This estimate does not include acquisition of ROW or easements, professional fees, development fees and permitting, and costs for franchise utility relocations that are not itemized herein.2. The Consultant has no control over the cost of labor, materials, or equipment, or over the Contractor's methods of determining prices or over competitive bidding or Market Conditions. Opinions of probable cost, as provided here, are made on the basis of the Consultant's SIGNAGE September 13, 2023 BASE BID Bid List City of Poway Midland Road Signage Improvements Project No. XX Septemeber 2023 K:\SND_TPTO\095324100 Poway On Call\Exhibit\2023.06.27 - Midland Rd Traffic Calming\Cost Estimate\Midland_Signage_100%.xlsx - Daves Ave - Summary 9/13/2023 9:51 AM SHEET 1/1 13 of 13 October 17, 2023, Item #7ATTACHMENT B'·711'1 p I I I I I I I I I I -! ! I :