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11-07-2023 Agenda PacketAGENDA Poway City Council Council Chamber I 13325 Civic Center Drive I Pow ay, CA I 92064 November 7, 2023 I 7 p.m. Thank you for participating in your local government and the City of Poway Council meetings. Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public. Publi c 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. Spea kers 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 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 Disa bilities 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. 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 Steve Vaus Mayor Caylin Frank Deputy Mayor Peter De Hoff Council member Anita Edmondson Councilmember Brian Pepin Councilmember CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE: MOMENT OF SILENCE: PRESENTATION: Firewise USA Presentation Safe Poway Program Update First Responder CPR Save Recognition 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. Award of Consultant Agreement to NBS Government Finance Group for Landscape Maintenance Districts Assessment and Re-Engineering Services and Appropriation of Funds to 400060-41200 3. Acceptance of the FY2021-22 Annual Trash Capture Program with United Storm Water, Inc., as Complete 4. Authorization to Purchase One (1) Medium-Duty Service Truck Utilizing State of California Department of General Services State Contract #1-22-23-20F, Two (2) Dump Truck Bodies by Open Market Competitive Bid and Appropriation of Funds 5. Summary Vacation of a Portion of an Easement Reservation (VAC23-0006) at Assessor Parcel Numbers 277-172-01, 277-172-05 and 277-172-07 6. Salary Range Adjustments for the Water Treatment Plant Manager and Assistant Director of Public Works for Utilities ORDINANCES FOR INTRODUCTION: None PUBLIC HEARINGS: 7. FY2024-2025 Community Development Block Grant Program 2 of 3 Regular City Council Meeting November 7, 2023 City Manager's Recommendation: It is recommended the City Council 1) adopt a Resolution authorizing the submission of four applications for the FY2024-2025 CDBG program; 2) authorize the appropriation of $221,078.08 to the CDBG Fund (F2410) from the General Fund (F1000), as a loan, to fund the proposed FY2024-2025 CDBG program upon approval by the County; and 3) authorize the City Manager to execute all necessary contracts with the County. STAFF REPORTS: 8. Urgency Ordinance Banning Distribution of Hate Litter City Manager's Recommendation: It is recommended the City Council adopt the recommended urgency Ordinance (Attachment A), which must be passed by a four-fifths (4/5) vote, to take effect immediately without the need for any further action by the City Council or 30-day waiting period. WORKSHOPS: None COUNCIL-INITIATED ITEMS: None COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1 234 -(G.C. 53232(d)) CITY MANAGER ITEMS: CITY ATTORNEY ITEM S: (Including any public report of any action taken in closed session) CLOSED SESSI ON: None ADI 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 31, 2023. Said meeting to be held at 7:00 p.m., November 7, 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 November 7, 2023 November 7, 2023, Item #2DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway CITY COUNCIL November 7, 2023 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works ({J\ Will Wiley, Assistant Director of Public Works for Maintenance Operations ~~ (858) 668-4705 or wwiley@poway.org / T Award of Consultant Agreement to NBS Government Finance Group for Landscape Maintenance Districts Assessment and Re-Engineering Services and Appropriation of Funds to 400060-41200 Landscape Maintenance Districts (LMDs) 83-1 and 86-1 were established in June of 1983 and June of 1986, respectively, pursuant to the Landscaping and Lighting Act of 1972 for the California Streets and Highways Code. This legislation provides the means to finance the maintenance of landscape improvements within the boundaries of each district. Assessment rates are established at the time of the LMD formation with the intention of being self-supporting. LMDs 83-1 and 86-1 were formed prior to the passage of Proposition 218, the "Right to Vote on Taxes Act", passed in 1996. Among other things, Proposition 218 amended the California Constitution to include a provision which precludes districts from increasing assessment rates beyond maximum levels without the majority vote of property owners through a special ballot process. Such special balloting procedures may be implemented to give district participants the opportunity to raise the maximum allowable assessment to cover the district's maintenance needs. LMDs 83-1 and 86-1 are facing ongoing financial challenges. Stagnant 1990s revenues due to the absence of a Consumer Price Index (CPI) escalator to adjust maximum assessment levels year over year, compounded by rising inflation and maintenance costs including prevailing wage, water, and electricity, has led to lowered landscape maintenance service levels and extended tree trimming frequencies. Staff has worked to reduce costs where possible. This includes rebidding landscaping contracts, adjusting water use, and ongoing efforts to secure a Hazardous Mitigation Grant Program (HMGP). Most recently, City staff completed a Landscape Master Plan (LMP) incorporating community input, with region appropriate trees and cost-effective drought tolerant landscaping. The LMP was approved by City Council in May of 2023. In 2018, after an unsuccessful special ballot measure aimed at raising assessment rates, the Landscape Maintenance District Advisory Group (LMDAG) was formed. The LMDAG, made up of property owners within LMDs 83-1 and 86-1, was appointed by the former City Manager to provide recommendations on landscape improvements and re-engineering strategies within the LMDs. The LMDAG has worked since 2018 to provide community outreach and special district education to residents. The LMDAG works collaboratively with City staff to recommend strategies to address 1 of27 November 7, 2023, Item #2ongoing financial challenges in the districts. In May 2023, City staff and the LMDAG recommended to City Council the commencement of a re-engineering process to address ongoing maintenance concerns and analyze the current financial condition of the LMDs. The re-engineering process would culminate in the eventual re-balloting of the LMDs which would occur in 2024 The City Council directed staff to engage a professional consulting firm to provide re-engineering services and an analysis of LMDs 83-1 and 86-1. Recommended Action: It is recommended City Council: 1) Award the agreement for Landscape Maintenance Districts Assessment and Re-Engineering Services to NBS Government Finance Group; 2) Authorize appropriation of available funds in the amount of $121,050 to Fund 400060-41200; and 3) Authorize the City Manager to execute any necessary documents. Discussion: In May 2023, the City Council directed staff to commence re-engineering efforts for LMDs 83-1 and 86-1. In September 2023, staff solicited informal proposals from qualified firms to conduct a re-engineering study and analysis for LMDs 83-1 and 86-1. The re-engineering process would establish new assessment rates based on general and special benefits associated with the cost to maintain existing and proposed landscape improvements. A registered professional assessment engineer will analyze parcels that receive special benefits that would be proportionally assessed for those benefits. The agreement includes, but is not limited to, the following elements: 1) provide a Special and General Benefit analysis and verify assessment methodology; 2) update district diagrams and potential modifications; 3) prepare engineer's reports based on analysis; 4) prepare Resolutions; 5) prepare public hearing notices and ballots; 6) perform ballot tabulation; and 7) provide public outreach support. The following two (2) proposals were received: Company Bid Amount Harris & Associates $93,000 NBS Government Finance Group $126,000 After a thorough review of each proposal by City Staff and members of the LMDAG, City staff conducted reference checks and interviewed each company to discuss their proposals. Based on the understanding of the project scope, procedural and legal requirements, and changes in assessment law, staff determined NBS Government Finance Group as the firm offering the most experience relative to the project. During the interview process, NBS Government Finance Group acknowledged the strides that the City of Poway and LMDAG have taken to date. They noted the impressive presence of the existing LMD information available on the City of Poway's website, the community involvement and education efforts from the LMDAG and the creation of a Landscape Master Plan for LMDs 83-1 and 86-1. NBS Government Finance Group exhibited a clear understanding of the analysis needed to differentiate general and special benefit and the importance of gaining a consensus among property owners with effective outreach and engagement programs. After requesting a best and final offer from NBS Government Finance Group, they submitted an updated fee proposal at $121,050 estimated total cost. 2 of27 November 7, 2023, Item #2The length of agreement for consultant services will be one (1) year beginning November 8, 2023, through November 7, 2024. The agreement may be extended for up to one (1) additional one-year term. The project is expected to be completed in the Fall of 2024. A copy of the agreement is included as Attachment A. Environmental Review: This action is not subject to review under the California Environmental Act (CEQA). Fiscal Impact: Sufficient funds are available in the Capital Reserve Funds of LMD 83-1 and LMD 86-1. The total assessment cost of $121,050.00 will be split funded between the two (2) LMD districts, LMD 83-1 (Zones A, B, and C) and LMD 86-1, respectively. An appropriation in the amount of $121,050 is being requested based on the Equivalent Benefit Units (EBU) percentage for each LMD/zone as follows: Landscape LMD Capital Equivalent Benefit % of Total Portion of Maintenance District Reserve Fund Units (EBUs) EBUs Contract Cost 83-lA F2610-89010 1,391.00 56% $68,184 83-1B F2620-89010 98.52 4% $4,829 83-lC F2630-89010 26.00 1% $1,274.46 86-1 F2710-89010 954.00 39% $46,763 Totals 2,469.52 $121,050 Funds from the LMDs will be appropriated to the Public Works Director's Fund (400060-41200) for the award of an agreement for Landscape Maintenance Districts Assessment and Re-Engineering Services to NBS Government Finance Group. Public Notification: None. Attachments: A. Standard Agreement for Services Reviewed/Approved By: Assistant City Manager 3 of 27 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager November 7, 2023, Item #2City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 8th day of November, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and NBS GOVERNMENT FINANCE GROUP (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform re-engineering analysis on landscaping and appurtenant improvements, maintenance, and services on public rights-of-way for the Landscape Maintenance Districts ("LMDs" or "districts"). WHEREAS, Consultant is a professional consulting firm who conducts re-engineering and analysis for LMDs and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN 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. 4of27 ATTACHMENT A November 7, 2023, Item #25. 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. 5 of27 November 7, 2023, Item #2"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: [gj 1. ConsultanUContractor 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. ConsultanUContractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, ConsultanUContractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Eric Heidemann, Director of Public Works 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 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 6 of27 November 7, 2023, Item #2(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. 7 of27 November 7, 2023, Item #2(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. 8 of27 November 7, 2023, Item #2Consultant'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. 9 of27 November 7, 2023, Item #2Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired • annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 10 of27 November 7, 2023, Item #2IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: ___________ _ ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: (J.k. 1vf;;tt::. By: ____________ _ Alan Fenstermacher, City Attorney 11 of27 NBS GOVERNMENT FINANCE GROUP By:------------Michael Rentner, President and CEO Date: ___________ _ November 7, 2023, Item #2A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of, but is not limited to, conducting a re-engineering study and analysis for Landscape Maintenance Districts (LMDs) 83-1 and 86-1 to establish new assessments based on general and special benefit costs associated with the maintenance and operation of proposed improvements and to analyze parcels that receive special benefit proportionally assessed for those benefits. Services further described in the Scope of Services submitted with the proposals dated September 28, 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 28, 2023, which are included in this document as Attachment 2. Total fee is not to exceed one hundred twenty-one thousand fifty dollars ($121,050). 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 November 8, 2023, and terminate November 7, 2024. This Agreement may be extended for up to one (1) additional one-year periods upon approval in writing of the City Manager and Consultant, 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. 12 of 27 November 7, 2023, Item #2D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (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. 13 of27 November 7, 2023, Item #2E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: 14 of 27 To City: To Consultant: City of Poway -Public Works Department P.O. Box 789 Poway, CA 9207 4 NBS Government Finance Group 32605 Temecula Parkway Temecula, CA 92592 (Remainder of page intentionally left blank) November 7, 2023, Item #2ATTACHMENT 1 Scope of Services .CJ WORK PLAN To ensure full compliance with the City's requirements, we have provided the Scope of Services as noted within the RFP. We have annotated these Scopes below in italics for clarity in our response, as well as to add additional steps that NBS recommends as necessary for support of the Prop 218 process. TASK 1: REVIEW BENEFITS/SERVICES, COMPLETE BENEFIT ANALYSIS, VERIFY AND EXPLAIN/DOCUMENT ASSESSMENT METHODOLOGY 1. Review the existing and proposed services and improvements to be funded in part by assessments and the areas and properties served to determine special/general benefit. Consider the historical and current state of the districts, city and surrounding communities to determine general benefit and update method of special/general benefit apportionment in accordance with current condition and case law. a. City to provide budgets and estimated costs for capital improvements and service levels. b. Consultant to describe in detail special/general benefit approach and methodology. 2. Evaluate district boundaries and assessed properties based on proposed maintenance areas to be detached from the district(s). This may be an iterative evaluation. a. City to provide proposed maintenance areas to be detached. Deliverable: Recommendation of district boundaries based on the evaluation conclusions. Meetings: One (1) 1-hour kick-off meeting with City staff. One (1) 1-hour meeting with City staff and LMD Advisory Group. As-needed conference calls and e-mails with City staff to discuss and refine specific improvement information. NBS Annotation: With both subject Assessment Districts formed prior to the approval of Prop 218 by California voters, NBS would request the original formation documents, any documents that materially changed the list of improvements or services or the assessments, and any annexation or other change of boundary 15 of27 November 7, 2023, Item #2documentation. NBS will use the most recent secured roll data available from San Diego County. NBS will interview staff involved in the annual administration of the City's ADs as well as review available documentation to gain an understanding of the city's current policies and procedures. NBS will review the proposed improvements, maintenance, services, budgets, location and type of improvements, special benefit, general benefit, and recent case law with legal counsel. Meet with City staff and legal counsel to discuss appropriate and/or alternative approaches to the proposed assessment districts. Provide staff with related support for the duration of the project. NBS will analyze improvements, maintenance, services, proposed boundaries, district characteristics, parcel characteristics, special and general benefits conferred, and assessment engineering industry standards and sources to separate and quantify special vs. general benefit in compliance with the special benefit requirements of Proposition 218 for review by all stakeholders. TASK 2: UPDATE DISTRICT DIAGRAMS AND POTENTIAL MODIFICATIONS 1. Update assessment diagrams to reflect changes to the district boundaries using updated parcel information from the current County Assessor's Office secured roll and available development information provided by the City. Meetings: One (1) with City staff to discuss and strategies for potential assessment modification options. This meeting shall be one (1) hour. NBS Annotation: NBS will prepare all require assessment diagrams in accordance with applicable laws and practices to ensure transparency and compliance with the assessment district formation process. TASK 3: PREPARE ENGINEER'S REPORTS 1. Prepare updated Engineer's Report(s) integrating proposed improvements and updated parcel information. The Engineer's Report will include the following items: a. Plans and specifications that describe the ongoing services and/or maintenance to be maintained and serviced. b. Method of apportionment that outlines the special benefit conferred on properties within the district and the calculations used to establish each parcel's proportional special benefit assessment. To include a description of the assessment range formula, if applicable, establishing the maximum assessment rate in subsequent fiscal years. 16 of27 November 7, 2023, Item #2c. The budget outlining the costs, expenses and Capital Improvement Projects to provide maintenance, including incidental expenses authorized by the 1972 Act. d. Assessment diagram(s) that identifies the boundaries of the district(s). e. The assessment roll which contains each Assessor Parcel Number and their proportional maximum assessments. f. An affidavit stating the report has been prepared by a professional engineer. Deliverable: One (1) electronic copy of the draft Engineer's Report(s) will be provided to the City for review and comment prior to submittal of the final Engineer's Report(s) for the City Council's consideration and approval at the Intent Meeting. When finalized with City staff, a final electronic version will be provided to the City that the City Clerk may incorporate into the Council agenda package. Meetings: One (1) virtual meeting with City staff to discuss and finalize the findings. This meeting shall be one hours. One (1) virtual meeting with City staff and the LMD Advisory Group to discuss findings. This meeting shall be no more than two (2) hours. NBS Annotation: NBS will prepare Engineer's Reports that meet all current legal requirements and anticipates the potential initiative measure that has qualified for the November 2024 ballot which may be impactful in this arena. The Reports will contain a robust and detailed analysis which fully supports the separation of general and special benefits and the proportional allocation of special benefits. TASK 4: PREPARE RESOLUTIONS 1. Prepare drafts of the resolutions for the Intent Meeting and Public Hearing for the City's review and finalization. The following resolutions will be necessary: a. Resolution Initiating Proceeding, which calls for the Engineer's Report to be prepared; b. Resolution of Intention, confirms the proposed assessments outlined in the Engineer's Report on file, declares the Council's intent to levy and collect such assessments, and sets the Public Hearing date; and c. Resolution approving the Engineer's Report and Assessment Diagram confirms the proposed district assessments and orders the levy and collection of those assessments for the Fiscal Year 2023-24. 17 of 27 November 7, 2023, Item #2Deliverable: A total of three (3) resolutions. NBS Annotation: NBS will prepare draft resolutions which contain all required information, along with draft staff reports, for review by City staff. TASK 5: PREPARE NOTICES AND BALLOTS 1. Prepare the required notices for the Public Hearing and the assessment ballots to be mailed to each affected property owner, in accordance with the California Constitution and California Government Code Sections 53750-53758 (Proposition 218 Omnibus Implementation Act). Draft copies will be sent to City staff for review and comment prior to finalization of the documents. Deliverables: Draft notices and ballots will be delivered to City staff for review and comment prior to final versions being printed, processed, and mailed. To ensure adequate time to print and process these documents, after the Intent Meeting, drafts will be prepared and finalized prior to the Intent Meeting. NBS Annotation: NBS will prepare the required notices and ballots in compliance with Prop 218 and the Prop 218 Implementation Act for the City's review. NBS typically uses a barcoded ballot for ease of tabulation. At the City's request, CivicMic can also prepare an informational insert for the City's ballot package mailing. TASK 6: PUBLIC HEARING AND BALLOT TABULATION 1. Attend the Public Hearing to answer questions and assist in the tabulation of the returned ballots on behalf of the City Clerk. Meetings: One (1) City Council Public Hearing to be available to answer questions and tabulate the ballots at City Hall. Deliverables: Ballot tabulation results. NBS Annotation: NBS will attend the public hearing to answer questions. At the City's request, NBS can provide a presentation as well. Following the close of the public hearing, NBS will assist in the tabulation of the returned assessment ballots using a barcode scanner method. Our team uses both an electronic tabulation spreadsheet as well as a detailed checklist with redundancies to ensure that all returned ballots are accounted for to ensure integrity of the ballot process. 18 of27 November 7, 2023, Item #2TASK 7: ADDITIVE AL TERNA TE The following alternate item may be awarded as part of the agreement if the proposals come within the project's budget. 1. Public Outreach Activities -Attend two (2) public workshop meetings (one for each district) to present a summary of the Technical Memorandum and answer questions. Workshops may include Consultant providing the following: a. Informing residents of respective district's fiscal condition. b. Facilitating communication and feedback from community members. c. Educating residents as to what various paths may entail for each district. NBS Annotation: Community Workshops -Provide the following Meeting Services: • Design, print and mail one postcard workshop notification per district. • Host one in-person meeting per district to allow the community to discuss items of importance and build a sense of community • Creation and posting of community meeting notices on various outlets • Leading of meetings with objectives created with the City before the meeting • Development of action items based on feedback received at Community Meetings or from surveys and other ongoing communication efforts OPTIONAL OUTREACH SERVICES Development of an Internal Communication Action Plan: • Create a comprehensive communication action plan to ensure consistent and accurate information sharing. • Develop messaging guidelines and identify appropriate communication channels. • Identify key milestones and deadlines for each task, along with the responsible parties. • Establish a schedule for regular updates and progress reports. Creation of a Communication Toolkit: Develop a comprehensive toolkit including website content, talking points, multilingual FAQs, postcards, content releases, timelines, checklists, and guidelines for various communication activities. Ballot and Proposition 218 Informational Insert: At the City's request, CivicMic can also prepare an informational insert for the City's ballot package mailing. 19 of27 November 7, 2023, Item #2Ongoing Webpage Updates -Develop and Deploy Content to a Dedicated District Webpage and Social Media: This task includes but is not limited to the following items. Each of these posts to the webpage is emailed directly to the District Listserv members. A link will be provided for the City website to send property owners directly to CivicMic.com. • Ongoing updates on maintenance • Legislative updates • Meeting announcements and minutes • Recordings of community meetings • Content development and updates for website and social media •••• -., • Calendar of anticipated events (such as community meetings and service schedules.) .. , ........ • .. ·• ....... :--· ' Specialized mapping and graphics on CivicMic.com Email Campaign -Establishment of a Stakeholder Email List: Using the CivicMic platform, we will establish an email contact list for most participants in this engagement. In addition, multiple postcards will be mailed out announcing the survey and community meetings and explaining how to sign up at CivicMic.com to receive updates. Surveys -Develop up to Two Online/Mailed Surveys to Gather Information from Communities: Surveys and utilize online feedback platforms to gather community input on the project and related issues, allowing the County to gauge public opinion and identify areas of concern, while sharing results with the community to demonstrate that their voices are being heard and considered in decision-making processes. (Remainder of page intentionally left blank) 20 of 27 D l PROJECT SCHEDULE The following is an overview of our proposed project schedule. We will discuss a detailed schedule at the kick-off meeting, along with the expected timing for individual tasks. Note: This page is intentionally formatted differently to improve legibility of the table contents. PROJECT SCHEDULE FOR THE CITY OF POWAY Task 1. B -Evaluate Boundaries Task 2 -District Diagrams Task 3 -Engineer's Report Task 4-Resolutions Task 5 -Notices and Ballots Optional Outreach Services 1.Meetings and presentations are estimated in this timeline and will be scheduled as needed throughout the study. 2.The timing of the Proposition 218 process shown in the schedule above is an estimate of when the process can take place. The actual schedule will be discussed at the kick-off meeting and a more defined plan will be developed at that time. �Active task work In person meeting with City Staff (estimated, to be scheduled as needed) Virtual meeting with City Staff (estimated, to be scheduled as needed) November 7, 2023, Item #221 of 27.. H / PROPOSAL -BEST AND FINALJ>_RICING Tasks Task 1.A-Improvement Matrix Task 1.B -Evaluate Boundaries Task 2 -District Diagrams Task 3 -Engineer's Report Task 4 -Resolutions Task 5 -Notices and Ballots Task 6 -Public Hearing and Ballot Tabulation Total Fee: ADDITIONAL AL TERNA TE: Task 7 -Public Outreach Workshops Other: Notice & Ballot Estimated Mailing Expenses1 Other: Customary Out of Pocket Expenses2 ATTACHMENT 2 Fee Schedule FEE PROPOSAL LMDs: ASSESSMENT AND RE­ENGINEERING SERVICES LMD 83-1 $8,500 7,800 4,050 18,950 3,200 5,150 4,800 $52,450 4,400 3,700 3,000 LMD Total 86-1 Cost $7,800 $16,300 7,150 14,950 3,650 7,700 16,450 35,400 3,200 6,400 4,450 9,600 4,800 9,600 $47,500 $99,950 4,400 8,800 2,600 6,300 3,000 6,000 November 7, 2023, Item #222 of 27I I [ Optional Outreach Services: TBD I Tsoj TBD l 1. Printing and mailing expenses are passed through as direct costs with no markup. Cost will depend on final design andlength of ballot package and collateral material. NBS will work with the City to mail material as inserts to current mailings when possible. 2. Includes travel costs for in-person meetings, including public hearing and ballot tabulation. (Remainder of page intentionally left blank) November 7, 2023, Item #223 of 27 November 7, 2023, Item #2EXPENSES Customary out-of-pocket expenses are billed at the actual cost incurred. These expenses may include mailing fulfillment, postage, reproduction, telephone, travel, meals and various third-party charges for data, maps, and recording fees. ADDITIONAL SERVICES The following table shows our current hourly rates. Additional services authorized but not included in the scope of services will be billed at this rate or the then applicable hourly rate. Title Hourly Rate Director/ Senior Review $250 Associate Director/ Engineer $225 Senior Consultant $200 Consultant $175 Project Analyst $150 Project Resource Analyst $130 ' Clerical/ Support $110 TERMS Services will be invoiced monthly. Fees for all other services will be invoiced monthly for work completed. Expenses will be itemized and included in the next regular invoice. If the project is prematurely terminated by either party, NBS shall receive payment for work completed. Payment shall be made within 30 days of submittal of an invoice. If payment is not received within 90 days, simple interest will begin to accrue at the rate of 1.5% per month. Either party can cancel consulting contract with 30 days' written notice. (Remainder of page intentionally left blank) 24 of27 November 7, 2023, Item #2EXHIBIT "8" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not e'xceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 25 of27 (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 November 7, 2023, Item #2a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 26 of 27 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. (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. November 7, 2023, Item #2(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 ofthe Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective 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). 27 of27 November 7, 2023, Item #3AGENDA REPORT CityofPoway DATE: TO: FROM: CONTACT: November 7, 2023 Honorable Mayor and Members of the City Counc&A Robert Manis, Director of Development Services rv~ Andrea Thomas, Associate Civil Engineer dJ .. (858) 668-4605 or athomas@poway.org 'VJ1., CITY COUNCIL SUBJECT: Acceptance of the FY2021-22 Annual Trash Capture Program with United Storm Water, Inc., as Complete Summary: On June 7, 2022, the City Council awarded the construction contract for the FY2021-22 Annual Trash Capture Program with United Storm Water, Inc., the lowest responsible and responsive bidder, in the amount of $132,389.00. This action will accept the project as complete. Recommended Action: It is recommended the City Council: 1) Accept the FY2021-22 Annual Trash Capture Program as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of retention in the amount of $6,348.65, if unencumbered, 45 days after City Council acceptance; 4) Release the Arch Insurance Company Bond for Material and Labor in the amount of $132,389.00 after the release of retention; and 5) Retain the Arch Insurance Company Bond for Faithful Performance for a period of one year. Discussion: The Annual Trash Capture Program is an unfunded State mandate enforced by the Regional Water Quality Control Board (RWQCB) to capture all trash greater than 5mm, essentially anything larger than a cigarette butt, in priority land use (PLU) areas. PLU areas are classified as commercial, industrial, and high-density residential as well as transit stops. The City has until 2030 to comply with the mandates. Private properties located in a PLU are also required to comply with this mandate. Any property that proposes development or redevelopment within a PLU is required to install trash capture devices as part of the permit approval process. The FY2021-22 Annual Trash Capture Program project installed trash capture devices in existing public storm drain inlets, catch basins, and cleanouts. The trash capture sites were identified according to the current volume of trash generated and the projected future volume generated by adjacent properties. The Annual Trash Capture Program for FY2021-22 included sixty-seven trash capture devices installed throughout the South Poway Business Park. During installation, two drain inlets were determined to be incompatible with the selected devices. The PLU areas associated with these inlets will be addressed in the next installation project. There was one change order for this project, which 1 of 2 November 7, 2023, Item #3decreased the contract amount by $5,416.00. The change order deducted the costs for materials and labor at the unit price of two devices eliminated due to site constraints revealed during construction. The final contract amount is $126,973.00. Environmental Review: The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act. Fiscal Impact: Sufficient funds are available in the Annual Trash Capture Program account (DR00S) for the release of retention of $6,348.65 and final invoice of $126,973.00. Funds remaining in the project at year end will be applied toward FY2022-23 of the annual program. Public Notification: None. Attachments: • None. Reviewed/Approved By: Wend aserman Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PQ RT City of Poway CITY COUNCIL November 7, 2023 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Worksi(f Michael Obermiller, Public Works Operations Ma nag� (858) 668-4722 or mobermiller@poway.org ./]/V'1'<J' Authorization to Purchase One (1) Medium-Duty Service Truck Utilizing State of California Department of General Services State Contract #1-22-23-20F, Two (2) Dump Truck Bodies by Open Market Competitive Bid and Appropriation of Funds The City of Poway's approved Fiscal Year 2023-24 Capital Replacement Equipment Fund budget and certain other operating budgets include funding to purchase one (1) medium-duty service truck and two (2) dump truck bodies. The City participates in and is a member of several cooperative purchasing organizations, including the State of California Department of General Services (DGS), which establishes and provides nationwide competitively solicited purchasing contracts which can be utilized by member agencies, such as the City of Poway. Through the DGS State Contract, Downtown Ford Sacramento (Contract #1-22-23-20F) presented optimal pricing for the one (1) medium-duty service truck in the amount of $66,119.88. The vehicle meets the City's service requirements and specifications. The City used the three-quote process for two (2) dump truck bodies. Quotes were solicited from D&H Truck Equipment, Inc., Abacor, Inc., and Bedco Truck Equipment. The lowest competitive bid came from Bedco Truck Equipment in the amount of $37,820.39 per dump truck body, which meets the City's service requirements and specifications. The total purchase price for the service truck and dump truck bodies is $141,760.66. Recommended Action: It is recommended City Council adopt a resolution authorizing the purchase of the following equipment: 1)One (1) Medium-Duty Service Truck ($66,119.88) from Downtown Ford Sacramento utilizingDGS State Contract #1-22-23-20F;2)Two (2) Dump Truck Bodies ($75,640.78 total) from Bedco Truck Equipment by Open MarketCompetitive Quote; 1 of 5 November 7, 2023, Item #4 November 7, 2023, Item #43) Authorize an appropriation of $48,764.84 to the various account numbers shown in the Fiscal Impact section of this report; and 4) Authorize the City Manager to execute any necessary documents. Discussion: The City operates and maintains over 125 street-legal vehicles and other heavy equipment for the purpose of inspecting, maintaining and operating City facilities and infrastructure. Annually, several of these vehicles and pieces of equipment must be replaced as they have exceeded their useful life or have excessive mileage. The current budget contains funding to replace one (1) medium-duty service truck and two (2) dump truck bodies. The City has one (1) 22-year-old medium-duty service truck that has exceeded its useful life and is scheduled for replacement. The truck is utilized by the Fleet Maintenance division to conduct on-road repairs and refueling of city-owned vehicles and equipment. It is recommended the truck be replaced through the DGS State Contract utilizing Downtown Ford Sacramento. The quote for the new medium-duty truck is within the budgeted amount. Staff reached out to local Poway dealerships, and they were non-responsive to quote requests. All agreements offered through the DGS State Contract have been awarded via a thorough Request for Bid (RFB) competitive solicitation program by a public agency/government entity (e.g., state, city, county, public university or school district). The program provides a streamlined and effective procurement option by establishing agreements with manufacturers and suppliers currently on an existing multiple award schedule with a competitive procurement procedure. Section 3.28.110 of the Poway Municipal Code permits the use of cooperative purchasing programs for procurement of supplies, services, and equipment when the administering agency has made their purchase in a competitive manner. The quote for the one (1) medium-duty service truck is as follows: UNIT AVAILABLE QUOTE DGS STATE VENDOR FUNDS CONTRACT NO. Medium-Duty $100,000 $66,119.88 1-22-23-20F Downtown Ford Service Truck Sacramento Two (2) cab and chassis for dump trucks were previously approved for purchase at the October 3, 2023 City Council meeting. At that time, City staff stated the dump truck body quotes would be brought back for approval at a later date. Since then, City staff collected quotes for the two (2) dump truck bodies from D&H Truck Equipment, Inc., Abacor, Inc, and Bedco Truck Equipment. It is recommended the dump truck bodies for the previously approved cab and chassis be replaced by the lowest competitive bid which came from Bedco Truck Equipment. The two (2) dump truck bodies exceed the amount budgeted for their replacement by $48,764.84. The quotes for the two (2) dump trunk bodies are as follows: UNIT D&H Truck Abacor, Inc. Bedco Truck Equipment, Inc. Equipment Two (2) Dump Truck Bodies $76,922.72 $85,734.00 $75,640.78 *Bolded number for the awarded quote. 2 of 5 November 7, 2023, Item #4Copies of all quotes are on file with the Public Works Department. Environmental Review: This action is not subject to review under the California Environmental Act (CEQA). Fiscal Impact: The City proactively plans for the replacement of its vehicles and equipment by annually setting aside a portion of the anticipated replacement costs along with inflationary costs adjustments to account for increases in equipment costs. The purchase will be made with funds from the Capital Replacement Fund (115010-61040) along with the division's operating budget (split-funded), for the purchase of one (1) medium-duty service truck and two (2) dump truck bodies. Due to inflation and national supply chain issues, equipment costs have increased beyond what was set aside for vehicle replacements. The total cost of the vehicles and equipment to be purchased as a result of this action is $141,760.66. A portion of the cost in the amount of $92,995.82 will come from Fiscal Year 2023-24 Capital Replacement Fund (115010-61040). Additional appropriations are requested for $48,764.84 from the General Fund Unassigned balance to be split between Streets Maintenance (411040-61040) for $37,820.39 to purchase one (1) dump truck body and the remainder of $10,944.45 to Storm Water & Flood Control (412040-61040) for the purchase of the second (1) dump truck body. Public Notification: None. Attachments: A. Resolution Reviewed/Approved By: Wendyaserman Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chffdb City Manager November 7, 2023, Item #4RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE PURCHASE OF ONE MEDIUM-DUTY SERVICE TRUCK, TWO DUMP TRUCK BODIES AND AN APPROPRIATION OF FUNDS WHEREAS, the City of Poway (City) operates and maintains over 125 street-legal vehicles and other heavy equipment for the purposes of inspecting, maintaining and operating City facilities and infrastructure and to provide public safety services; WHEREAS, each year several of these vehicles and pieces of equipment must be replaced as they exceed their useful life or have excessive mileage; WHEREAS, the City proactively plans for the replacement of these vehicles and pieces of equipment by accumulating resources in the Capital Replacement Equipment Fund through annual rent charges to the various departmental operating budgets associated with the use of such vehicles and equipment; WHEREAS, any additional amounts estimated to be required to replace vehicles and equipment in the year of the planned replacement that are in excess of the amounts accumulated in the Capital Replacement Equipment Fund are funded through additional amounts budgeted in the various departmental operating budgets associated with the use of such vehicles and equipment, thereby helping to ensure the financial sustainability of the Capital Replacement Equipment Fund; WHEREAS, the Fiscal Year 2023-24 adopted operating budgets include amounts budgeted in both the Capital Replacement Equipment Fund and in various departmental operating budgets for the purchase or replacement of various vehicles and equipment; and WHEREAS, Poway Municipal Code Section 3.28.110 provides for the use of cooperative purchasing programs for the purchase of supplies, services, and equipment when the administering agency has made their purchase in a competitive manner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The purchase of one medium-duty service truck from Downtown Ford Sacramento utilizing the California Department of General Services State Contract No. 1-22-23-20F, at total cost of $66,119.88 is authorized. SECTION 2: The purchase of two dump truck bodies from Bedee Truck Equipment by Open Market Competitive Bid, at cost of $75,640.78 is authorized. SECTION 3: The City Council authorizes the following appropriations: $37,820.39 from the General Fund Unassigned Fund Balance to Streets Maintenance account number 411040-61040 for the purchase of one dump truck body; $10,944.45 from the General Fund Unassigned Fund Balance to Storm Water & Flood Control account number 412040-61040 for the purchase of one dump truck body. 4 of 5 ATTACHMENT A November 7, 2023, Item #4Resolution No. 23-Page 2 SECTION 4: The City Manager is hereby authorized to execute any documents necessary for these purchases. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of November, 2023 by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of 5 November 7, 2023, Item #5 November 7, 2023, Item #5 November 7, 2023, Item #5 November 7, 2023, Item #5 Resolution No. 23- Page 3 November 7, 2023, Item #5 6 of7 EXHIBIT "B" N EXTERIOR OF MAP NOBOUNDARY ·16577 !"""7000 POINT OF BEGINNING Do· -Do• 40·10" L-::::17 -69• POINT OF C SOUTHWEST c�MMENCEMENT SU BDIVISION M NER OF AP NO. 16577 / I I SHEET 1 OF 1 I I I I I I / I SHEET AN, PLS 9042 --LO L > DATE Resolution No. 23- Page 4 November 7, 2023, Item #5 6/1/23, 10:28 AM White Rock Station Rd City of Poway GIS Map Provided by the City of Poway Subject Parcel Espola Rd Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. https://po7a6�1/'oway.orglwebsites/PowGIS/ VICINITY MAP Map Scale 1 inch = 400 feet 6/1/2023 1/1 November 7, 2023, Item #5ATTACHMENT B November 7, 2023, Item #6DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway November 7, 2023 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works CITY COUNCIL Jodene Dunphy, Director of Human Resources and Risk Management Eric Heidemann, Director of Public Works f2i}, (858) 668-4716 or eheidemann@poway.org Jodene Dunphy, Director of Human Resources and Risk Management b-,.'('3--(858) 668-4413 or jdunphy@poway.org U Salary Range Adjustments for the Water Treatment Plant Manager and Assistant Director of Public Works for Utilities The City of Poway is one of only four cities in San Diego County to own and operate its own Water Treatment Plant. Most communities within San Diego County receive treated, potable water from water or utility districts that are separate entities from the cities in which they operate. The significant responsibility of managing, maintaining, and operating the City of Poway's Lester J. Berglund Water Treatment Plant, where approximately three billion gallons of drinking water are treated every year, falls under the Water Treatment Plant Manager position. This is a critical position at the City of Poway, which is committed to providing the community with safe and reliable drinking water that meets and exceeds all state and federal standards for water quality. The Water Treatment Plant Manager position has recently become vacant, and an analysis of the San Diego market for comparable positions was conducted. Through the analysis, it was determined that the pay grade for the Water Treatment Plant Manager position is well below the median when compared to other water agencies and cities with water treatment plants. To put the City in a more competitive position for the recruitment of a new Water Treatment Plant Manager, an adjustment to the salary range is proposed. Due to salary compaction between the Water Treatment Plant Manager position and the Assistant Director of Public Works for Utilities, as well as a market analysis of the position, which is the direct supervisor, an adjustment to the salary range of the Assistant Director of Public Works for Utilities is also proposed. Recommended Action: It is recommended the City Council adopt a resolution revising the Management/Confidential Salary Schedule to reflect salary range adjustments for the positions of Water Treatment Plant Manager and Assistant Director of Public Works for Utilities. Discussion: The City's ability to recruit and retain a highly qualified and talented Water Treatment Plant Manager is critical at this time. The requirements for the position include a Water Treatment Operator Grade 1 of 5 November 7, 2023, Item #6TS certification issued by the State Water Resources Control Board Division of Drinking Water. Due to the specialized nature of the position and the small number of agencies that have a comparable position, the pool of qualified candidates is smaller within the region. Although the recruitment will be advertised across the entire state of California, it is important for Poway to have a competitive salary to attract qualified candidates from other agencies in the region as well as candidates from other regions in the State. Based on the market analysis conducted, the salary for Poway's Water Treatment Plant Manager position is ranked seventh out of eight agencies with similar positions in the County. To bring the position to median, a salary range adjustment of approximately 14.96% to Grade 740, with a monthly salary range of $10,697 to $13,003 is recommended. This would also move the salary position up two rankings to fifth out of eight agencies in San Diego county with similar positions. Due to salary compaction issues, an increase to the Water Treatment Plant Manager salary range would result in the top step of the range being higher than the top step of the Assistant Director of Public Works for Utilities. Therefore, a salary range adjustment will be needed for the position of Assistant Director of Public Works for Utilities, which also has a salary range well under median in the San Diego market. The recommended increase for the Assistant Director of Public Works for Utilities is 16.66% to Grade 791, with a monthly salary range of $12,309 to $14,962. This will bring the position closer to market median and solve the internal salary compaction issue with the Water Treatment Plant Manager. As part of the upcoming Fiscal Year 2024-2025 budget process, additional city positions will undergo a market review to ensure the City remains competitive with the goal of recruiting and retaining the most qualified, talented employees to serve the Poway community. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The estimated annual cost increase for the two Salary Range Adjustments is $51,669. The estimated cost increase for the remainder of Fiscal Year 2023-24 is approximately $24,461 (including salary and benefits). Sufficient funds are available in the department's budget to cover the expenses for the remainder of the current fiscal year. Public Notification: None. Attachments: A. Resolution Reviewed/Approved By: Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager November 7, 2023, Item #6RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE CITY OF POWAY MANAGEMENT/CONFIDENTIAL SALARY SCHEDULE REFLECTING THE SALARY RANGE ADJUSTMENTS FOR THE POSITIONS OF WATER TREATMENT PLANT MANAGER AND ASSISTANT DIRECTOR OF PUBLIC WORKS FOR UTILITIES WHEREAS, the City of Poway is committed to providing the community with safe and reliable drinking water that meets and exceeds all state and federal standards for water quality; WHEREAS, the Water Treatment Plant Manager position is responsible for managing, maintaining, and operating the City of Poway's Lester J. Berglund Water Treatment Plant, where approximately three billion gallons of drinking water are treated every year before being distributed to the Poway community; WHEREAS, the Water Treatment Plant Manager position recently became vacant and a market analysis of the salary for the position within the San Diego region was conducted; WHEREAS, the City's ability to recruit and retain a highly qualified and talented Water Treatment Plant Manager is critical at this time; WHEREAS, to be competitive and attract a qualified and talented Water Treatment Plant Manager to the City of Poway, a salary range adjustment is needed; WHEREAS, to prevent compaction between the salary range of the Water Treatment Plant Manager and the Assistant Director of Public Works for Utilities, a salary range adjustment for the Assistant Public Works Director of Utilities is also needed; and WHEREAS, City of Poway Personnel Rule 4.5, Salary Range Adjustments, requires all salary range adjustments be approved by the City Council and are effective on the date specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, that the following salary range adjustments are authorized and reflected in the Management/Confidential Salary Schedule attached hereto as "Exhibit A", effective November 7, 2023: SECTION 1: Water Treatment Plant Manager from Grade 681 with a monthly salary of $9,304 to $11,310 to Grade 740, with a monthly salary of $10,697 to $13,003. SECTION 2: Assistant Director of Public Works for Utilities from Grade 731 with a monthly salary of $10,533 to $12,804 to Grade 791, with a monthly salary of $12,309 to $14,962. 3 of 5 II II II II ATTACHMENT A November 7, 2023, Item #6Resolution No. 23-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of November, 2023 by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4 of 5 November 7, 2023, Item #6Exhibit A City of Poway Management I Confidential Salary Schedule Effective November 7 2023 Classification Title I Approx. Monthly I Salarv Ranee City Manager 25,826 Ir:,..,..,,,.. 1 c.,,....., ... ,.t,_,._Will Min -Max Assistant City Manager 14,147 -19,805 Director of Community Services 13.473 • 18,862 Director of Development Services 13.473 • 18,862 Director of Finance 13,473 -18,862 Director of Human Resources & Risk Management 13,473 • 18,862 Director of Public Works 13,473 • 18,862 Fire Chief 13.473 • 18,862 Classification Title I Grade I Approx. Monthly I Salarv Rane.e Grouo 2A Exemot At-Will Assistant Director of Public Works for Utilities 791 12,309-14,962 Assistant Director of Public Works for Maintenance Operations 731 10,533 • 12,804 Assistant Director of Finance Operations 731 10,533 • 12,804 City Clerk 681 9,304 -11,310 City Engineer 780 11,807 • 14,3S2 City Planner 731 10,533 • 12,804 Deputy Fire Chief 780 11,807 • 14,352 Deputy Fire Marshal 620 7,954 • 9,668 Finance Manager 681 9,304 -11,310 Fire Battalion Chief (not at-will/2912 hrs/yr) 570 9,842 -11,964 Parks and Trails Area Manager 560 6,858 • 8,336 Principal Civil Engineer 731 10,533 • 12,804 Principal Civil Engineer• Utilities 731 10,533 • 12,804 Public Works Operations Manager 681 9,304-11,310 Recreation Area Manager 560 6,858 • 8,336 Recreation Area Manager CY-Rated) 681 9,304 • 11,310 Revenue and Operations Manager 681 9,304 -11,310 Water Treatment Plant Manager 740 10,697 • 13,003 Group 28 Exempt Accountant 481 5,645 • 6,863 Associate Civil Engineer 602 7,696 • 9,355 Associate Planner 521 6,256 • 7,604 Community Outreach Coordinator 571 7,078 • 8,603 Deputy City Clerk 571 7,078 • 8,603 GIS Analyst 531 6.412-7,794 Information Technology Analyst 531 6.412-7,794 Management Analyst 531 6,412 • 7,794 Necwork and Computer systems Analyst 550 6,691 • 8,133 Network and Computer Systems Administrator 631 8,208 • 9,977 Revenue and Operations Supervisor 571 7,078 • 8,603 Senior Accountant 561 6,905 • 8,394 Senior Civil Engineer 682 9,402·11,429 Senior Code Compliance Officer 501 5,954 • 7,238 Senior Fire Safety Inspector 541 6,573 • 7,989 Senior Human Resources Analyst 571 7,078 • 8,603 Senior Management Analyst 571 7,078 • 8,603 Senior Planner 581 7,255 • 8,819 Special Projects Engineer 571 7,078 -8,603 Utilities Administrator 631 8,208 -9,977 Water Utilities Distribution Suoervisor 640 8,356 • 10,157 Group 3 Non-Exempt Assistant Engineer 531 6.412 • 7,794 Assistant Planner 491 5,809 • 7,061 Code Compliance Officer 461 5,394 -6,557 Construction Maintenance Supervisor 501 5,954 - 7,238 Facilities Maintenance and Special Districts Supervisor 501 5,954 -7,238 Fire Safety Inspector 461 5,394 • 6,557 Fleet Maintenance Supervisor 521 6,256 • 7,604 Management Assistant 491 5,809 • 7,061 Parks Maintenance Supervisor 480 5,629 • 6,842 SCADA, Electrical, and Instrumentation Controls Supervisor 650 8,565 -10.411 Senior Accounting Technician 460 5,358-6,512 Utility systems Supervisor 650 8,565 -10.411 Wastewater Utilities Suoervisor 620 7,954 • 9,668 Group 4 Non-Exempt Accounting Technician II 360 4,185 • 5,087 Administrative Assistant Ill 331 3,913 • 4,756 Executive Assistant to the City Manager 451 5,263 • 6,397 Human Resources Technician I 412 4,768 • 5,795 Human Resources Te~hnician II 451 5,263 • 6,397 Senior Administrative Assistant• Confidential 380 4,397 • 5,345 5 of 5 Hourly Min 81.6175 77.7312 77.7312 77.7312 77.7312 77.7312 77.7312 Step 1 I Step 2 I Step 3 71.0148 74.5656 78.2939 60.7674 63.8055 66.9959 60.7674 63.8055 66.9959 53.6796 56.3636 59.1818 68.1228 71.5289 75.1053 60.7674 63.8055 66.9959 68.1228 71.5289 75.1053 45.8892 48.1837 50.5928 53.6796 56.3636 59.1818 40.5594 42.5873 44.7167 39.5701 41.5486 43.6261 60.7674 63.8055 66.9959 60.7674 63.8055 66.9959 53.6796 56.3636 59.1818 39.5701 41.5486 43.6261 53.6796 56.3636 59.1818 53.6796 56.3636 59.1818 61.7159 64.8016 68.0417 32.5690 34.1973 35.9072 44.4027 46.6227 48.9537 36.0948 37.8980 39.7938 40.8381 42.8781 45.0230 40.8381 42.8781 45.0230 36.9972 38.8454 40.7886 36.9972 38.8454 40.7886 36.9972 38.8454 40.7886 38.6050 40.5356 42.5627 47.3596 49.7256 52.2128 40.8381 42.8781 45.0230 39.8420 41.8323 43.9248 54.2479 56.9602 59.8084 34.3556 36.0718 37.8763 37.9221 39.8166 41.8083 40.8381 42.8781 45.0230 40.8381 42.8781 45.0230 41.8591 43.9500 46.1486 40.8381 42.8781 45.0230 47.3596 49.7256 52.2128 48.2123 50.6230 53.1541 36.9972 38.8454 40.7886 33.5176 35.1920 36.9526 31.1245 32.6793 34.3141 34.3556 36.0718 37.8763 34.3556 36.0718 37.8763 31.1245 32.6793 34.3141 36.0948 37.8980 39.7938 33.5176 35.1920 36.9526 32.4770 34.1010 35.8065 49.4176 51.8885 54.4829 30.9120 32.4578 34.0811 49.4176 51.8885 54.4829 45.8892 48.1837 50.5928 24.1484 25.3558 26.6237 22.5782 23.7062 24.8921 30.3653 31.8823 33.4771 27.5094 28.8837 30.3286 30.3653 31.8823 33.4771 25.3709 26.6397 27.9720 I Step 4 I 82.2086 70.3457 70.3457 62.1409 78.8606 70.3457 78.8606 53.1225 62.1409 46.9525 45.8074 70.3457 70.3457 62.1409 45.8074 62.1409 62.1409 71.4438 37.7025 51.4015 41.7829 47.2734 47.2734 42.8274 42.8274 42.8274 44.6897 54.8227 47.2734 46.1204 62.7986 39.7695 43.8981 47.2734 47.2734 48.4551 47.2734 54.8227 55.8119 42.8274 38.7995 36.0292 39.7695 39.7695 36.0292 41.7829 38.7995 37.5959 57.2071 35.7842 57.2071 53.1225 27.9549 26.1364 35.1504 31.8445 35.1504 29.3697 Resolution No. 23-Page 3 Max 114.2644 108.8233 108.8233 108.8233 108.8233 108.8233 108.8233 Step 5 86.3191 73.8724 73.8724 6S.2S17 82.8037 73.8724 82.8037 55.7786 65.2517 49.3002 48.0977 73.8724 73.8724 65.2517 48.0977 65.2517 65.2517 75.0160 39.5960 53.9715 43.8730 49.6382 49.6382 44.9698 44.9698 44.9698 46.9239 57.5651 49.6382 48.4275 65.9386 41.7589 46.0940 49.6382 49.6382 50.8792 49.6382 57.5651 58.6024 44.9698 40.7404 37.8314 41.7589 41.7589 37.8314 43.8730 40.7404 39.4754 60.0674 37.5732 60.0674 55.7786 29.3526 27.4437 36.9087 33.4375 36.9087 30.8382 Ap1110\·ed 11.11he Cily of Poway City Council meeting on I 1nt202J November 7, 2023, Item #7~ 1 AG EN DA REPORT City of Poway I -:,¢ ---===-L" CITY cou NCI L DATE: TO: FROM: CONTACT: SUBJECT: summary: November 7, 2023 Honorable Mayor and Members of the City Counci Robert Manis, Director of Development Services Marie Sanders, Senior Management Analyst (858) 668-4637 or msanders@poway.org FY2024-2025 Community Development Block Grant Program The City of Poway is a participating city of the San Diego Urban County Community Development Block Grant Program (CDBG). As such, the city annually receives an allocation of CDBG funds from the County of San Diego (County), rather than directly from the U.S. Department of Housing and Urban Development. The estimated CDBG funding available to Poway for Fiscal Year (FY) 2024-2025 is $221,078.08. Staff proposes to include the HomeShare and Community Connections Program, North County Bridge to Housing Network Shelter System, 2-1-1 San Diego, and accessibility improvements for Individuals with disabilities at Community Park in the FY2024-2025 CDBG funding applications. Recommended Action: It is recommended the City Council: 1) Adopt a Resolution (Attachment A) authorizing the submission of four applications for the FY2024-2025 CDBG program; 2) Authorize the appropriation of $221,078.08 to the CDBG Fund (F2410) from the General Fund (F1000), as a loan, to fund the proposed FY2024-2025 CDBG program upon approval by the County; and 3) Authorize the City Manager to execute all necessary contracts with the County. Discussion: Historically, the City expends CDBG grant funds to subsidize community outreach programs and Americans with Disabilities Act (ADA) improvements at Poway parks and public facilities. The projected CDBG funding available to Poway for FY2024-2025 is $221,078.08. Of this, $61,297.08 is available for reallocation due to unspent funds from prior grant years. Upon approval by the City Council, staff will submit FY2024-2025 CDBG application funding requests to the County for the programs and ADA project identified in this report. If approved by the County, the Notice to Proceed for each project should be available by September 2024. As a requirement of the grant, the City will allocate and expend funds for the approved projects and programs, which are then submitted to the County for reimbursement. 1 of 5 November 7, 2023, Item #71. NORTH COUNTY BRIDGE TO HOUSING NETWORK $20,000 The North County Bridge to Housing Shelter Network, a collaborative workgroup within the Alliance for Regional Solutions, administers the program that provides shelter, meals, and case management support for the North County unhoused population, including families. Contributions from Poway help fund year-round operations and enhanced services with an emphasis on bridging each individual and family out of homelessness and into permanent supportive housing. In FY2022-2023, the shelter program served 615 unique individuals including men, women, and children with 156 shelter beds in five facilities. Of those unique individuals, ten self-identified as residing in Poway. Staff is recommending funding a not-to-exceed allocation of $20,000 for FY2024-2025. 2. 2-1-1 SAN DIEGO $16,946 To provide a broader scope of services and resources to low-income Poway residents, 2-1-1 San Diego offers a wide array of programs and services. Such services include information and referral services, application assistance and completion for CalFresh, Medi-Cal, Covered California, and chlldren's services, as well as streamlined programs for active military and veterans and their family. The program also includes 24/7 access to a live Client Service Representative. Furthermore, the program offers quarterly demographic data reports of Poway callers that include ethnicity, gender, race, age, zip code and household income and size. The data provided for the period of FY2022-2023 show that 1,215 unduplicated low-income Poway residents were assisted, which resulted in 2,865 needs being met and 2,004 referrals made. Staff is recommending funding a not-to-exceed allocation of $16,946 for FY2024-2025. 3. HOMESHARE & COMMUNITY CONNECTIONS $16,000 The City of Poway contracts with ElderHelp of San Diego to administer the HomeShare and Community Connections Program. The program provides face-to-face information and referral services, as well as providing access to a variety of services such as transportation, health services, and walk•in and phone consultations with ElderHelp staff located on site at the Mickey Cafagna Community Center. Additionally, the program connects low-income Individuals seeking affordable housing with Poway homeowners who have a room to rent through shared housing matching services. In FY2022-2023, ElderHelp assisted 28 low-income residents. Staff is recommending funding a not-to-exceed allocation of $16,000 for FY2024-2025. 4. ADA PUBLIC FACILITY IMPROVEMENTS $168,132.08 In 2004, the City completed a comprehensive ADA Barrier Removal Transition Plan which identified accessibility deficiencies at 17 Poway parks and public facilities. Information contained in the plan is used by staff to identify ADA barrier removal projects that are eligible for CDBG funding. In FY2024-2025 funds will be utilized for continuing improvements at Community Park by addressing pedestrian pathways between parking areas and park amenities. Staff is recommending funding a not-to-exceed allocation of $168,132.08 for FY2024-2025. 2 of 5 November 7, 2023, Item #7E vironmental Revi w: This item is not subject to California Environmental Quality Act review. As required by the National Environmental Protection Act and the California Environmental Quality Act, the County and City will complete an environmental review for each approved program and project as part of the FY2024-2025 CDBG grant application process. Fiscal Impact: Approval of this item will result in an appropriation of $221,078.08 in the Community Development Block Grant (CDBG) Fund (F2410) to fund the FY2024-2025 CDBG Program upon approval of the City's funding applications by the County. The CDBG fund will be intermittently reimbursed by the County for eligible expenditures through the City's allocation of CDBG Funds. The General Fund (F1000) will provide temporary loans to the CDBG Fund as applicable in the Interim. Public Notification: As a condition of CDBG administration, a public hearing must be held to determine the use of the FY2024-2025 funding. Public notices were published in the Poway News Chieftain on October 26, 2023 and November 2, 2023. Attachments: A. Resolution Reviewed/ Approved By: Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~-City Manager RESOLUTION NO. 23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2024-2025 WHEREAS, the United States Department of Housing and Urban Development (HUD) administers the Community Development Block Grant (CDBG) Program, which provides Federal funds to assist community development activities in urban areas; WHEREAS, the County of San Diego (County) applies for and accepts CDBG funds with respect to its unincorporated areas and local governments that participate in the County’s CDBG program known as “Urban County”; WHEREAS, the City of Poway (City) is a unit of general local government that participates in the “Urban County” program; WHEREAS, the City placed two notices in a newspaper of general circulation indicating the Public Hearing; and WHEREAS, the City understands and agrees that should the CDBG Program be discontinued, the City would be required to reimburse the County’s Housing Development Fund for any affected funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Manager or designee is authorized to submit applications for the CDBG Program for Fiscal Year 2024-2025. SECTION 2: The City Manager or designee is authorized to appropriate CDBG funding for four projects: North County Bridge to Housing Shelter Network, 2-1-1 San Diego, HomeShare and Community Connections Program, and ADA barrier removal projects at Community Park for Fiscal Year 2024-2025. SECTION 3: The City Manager is authorized to execute all necessary contracts with the County. // // // // // November 7, 2023, Item #74 of 5 ATTACHMENT A PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of November 2023, by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: ______________________________ Steve Vaus, Mayor ATTEST: ____________________________________ Carrie Gallagher, CMC, City Clerk November 7, 2023, Item #75 of 5 November 7, 2023, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway November 7, 2023 Honorable Mayor and Members of the City Council Alan Fenstermacher, City Attorney Alan Fenstermacher, City Attorney afenstermacher@poway.org Urgency Ordinance Banning Distribution of Hate Litter CITY COUNCIL Based on past and recent events in the City of Poway and San Diego County, the Mayor and staff are recommending the City Council adopt an urgency ordinance (Attachment A) adding Chapter 8.22 to the Poway Municipal Code ("PMC"), making it unlawful and a public nuisance to distribute or dump pamphlets, flyers, or other materials, whether for commercial or noncommercial purposes, in a public area, including outside a private residence, with the intent to willfully Injure, Intimidate, interfere with, oppress, harass, or threaten anyone based on a characteristic or perceived characteristic which is protected by state or federal law, including race, religion, color, sex, gender, gender identity, gender expression, marital status, medical condition, military or veteran status, national origin, ancestry, physical or mental disability, genetic information, sexual orientation, and age. Recommended Action: It is recommended the City Council adopt the recommended urgency Ordinance (Attachment A), which must be passed by a four-fifths (4/5) vote, to take effect immediately without the need for any further action by the City Council or 30-day waiting period. Discussion: Beginning in June 2023 and continuing to the present day, there has been a surge in the distribution of antisemitic and homophobic flyers in neighborhoods In San Diego County, causing severe distress to residents leaving and arriving back to their residences. On October 25, 2023, the Department of Homeland Security ("OHS") and Federal Bureau of Investigation (''FBI'') issued a Public Service Announcement to highlight potential threats In the United States from a variety of actors in response to the Ha mas attacks 011 Israel on October 7, 2023, and subsequent activities in that region. The Public Service Announcement stated: "the volume and frequency of threats to Americans, especially those in the Jewish, Arab American, and Muslim communities in the United States, have increased, raising our concern that violent extremists and lone offenders motivated by or reacting to ongoing events could target these communities. These threats have included hoax bomb threats targeting houses of worship and violent rhetoric online encouraging attacks against the Jewish, Arab American, and Muslim communities across the United States.'' 1 of7 November 7, 2023, Item #8Further, on April 27, 2019, during Passover, an armed gunman fatally shot one woman and Injured three other people inside the Chabad of Poway, located in the City of Poway. Shortly before committing this heinous crime, the shooter posted an antisemitic and racist open letter on the internet. In order to protect all of its citizens from threats and other harassment based on race, ethnicity, religion, or any other protected characteristic, the Mayor and City staff recommend adopting the proposed urgency Ordinance (Attachment A) adding Chapter 8.22 to the PMC, making it unlawful and a public nuisance to distribute or dump pamphlets, flyers, or other materials, whether for commercial or noncommercial purposes, in a public area, including outside a private residence, with the Intent to willfully injure, intimidate, interfere with, oppress, harass, or threaten anyone based on a characteristic or perceived characteristic which is protected by state or federal law, including race, religion, color, sex, gender, gender identity, gender expression, marital status, medical condition, military or veteran status, national origin, ancestry, physical or mental disability, genetic information, sexual orientation, and age. Rather than amending the PMC by a traditional ordinance that would require a second reading and take effect 30 days after its adoption following the second reading, the City Council has the power to enact an urgency ordinance, not in conflict with general laws, as necessary to protect public peace, health, and safety, via exercise of the powers provided to cities in Article XI, Section 7, of the California Constitution, and in compliance with Government Code section 36937, subdivision (b). The adoption of this urgency Ordinance is necessary for the immediate preservation of the public peace, health, and safety as those terms are used in Government Code Section 36937(b). Urgency ordinances must be approved by a four-fifths (4/5) vote of the City Council. Environmental Review: This Item is not subject to CEQA review. Fiscal Impact: There is no fiscal impact with this action, other than undetermined enforcement costs, which would be included in the City's existing contract with the San Diego Coun~ Sheriffs Department. Public Notification: None. Attachments: A. Ordinance No. 863 Reviewed/ Approved By: We~ Kaserman Assistant City Manager 2 of7 Reviewed By: Alan Fenstermacher City Attorney Approved By: L~p_ City Manager November 7, 2023, Item #8ORDINANCE NO. 863 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADDING CHAPTER 8.22 TO TITLE 8 (HEAL TH AND SAFETY) OF THE POWAY MUNICIPAL CODE REGARDING HATE LITTER WHEREAS, pursuant to Government Code sections 36934 and 36937, a city may adopt an urgency Ordinance for the immediate preservation of the public peace, health, or safety; WHEREAS, as forth below in the declaration of the facts constituting the urgency, recent and unprecedented levels of hate-motivated activities pose numerous threats to the public peace, health, and/or safety; WHEREAS, the City of Poway desires to keep members of the community safe from non-protected hate speech and hate-containing writings; and WHEREAS, the City Council desires to adopt Chapter 8.22 of the Poway Municipal Code, establishing regulations for the distribution of written material containing specified hate speech including violations, penalties, and enforcement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: The City Council finds and determines that the adoption of this urgency Ordinance is exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15060(c)(2), in that the adoption of this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061 (b)(3), in that it can be seen with certainty there is no possibility the adoption of this Ordinance will have a significant effect on the environment. SECTION 3: The City Council has the power to enact an urgency Ordinance, not in conflict with general laws, as necessary to protect public peace, health, and safety, via exercise of the powers provided to cities in Article XI, Section 7, of the California Constitution, and in compliance with Government Code section 36937, subdivision (b). The adoption of this urgency Ordinance is necessary for the immediate preservation of the public peace, health, and safety as those terms are used in Government Code Section 36937, subdivision (b) in at least the following respects: A. On April 27, 2019, during Passover, an armed gunman fatally shot one woman and injured three other people inside the Chabad of Poway, located in the City of Poway. Shortly before committing this crime, the shooter posted an antisemitic and racist open letter on the internet. B. Beginning in June 2023 and continuing to the present day, there is a local (San Diego County) surge in the distribution of antisemitic and homophobic flyers in neighborhoods, causing severe distress to residents leaving and arriving home. 3 of 7ATTACHMENT A November 7, 2023, Item #8Ordinance No. 863 Page 2 C, On October 7, 2023, armed HAMAS fighters breached border security fences and stormed beaches in Israel, leading to the death of over 1,400 in Israel, including at least 32 Americans. Since that time, at least 3,400 people have been killed in Gaza. Antisemitic and anti~Palestinian incidents have since spiked across the United States. D. On October 25, 2023, the Department of Homeland Security ("OHS") and Federal Bureau of Investigation ("FBI") issued a Public Service Announcement to highlight potential threats in the United States from a variety of actors in response to the HAMAS attacks on Israel on October 7, 2023, and subsequent activities in that region. The Public Service Announcement stated: "the volume and frequency of threats to Americans, especially those in the Jewish, Arab American, and Muslim communities in the United States, have increased, raising our concern that violent extremists and lone offenders motivated by or reacting to ongoing events could target these communities. These threats have included hoax bomb threats targeting houses of worship and violent rhetoric online encouraging attacks against the Jewish, Arab American, and Muslim communities across the United States.'' E. Residents of the City of Poway have spoken to the City about the increase of and threat posed by distribution of hate litter to the members of the community. The above-identified facts constitute a current and immediate threat to the public peace, health, and safety of the City, within the meaning of Government Code section 36937, subdivision (b). In light of these facts, the City Council finds that an urgency Ordinance is necessary and essential. The City Council declares that this urgency Ordinance is necessary for immediate preservation of the public peace, health, and safety of the community. SECTION 4: The new Chapter 8.22 is hereby added to Title 8 of the Poway Municipal Code to read as set forth on Exhibit 1 hereto. SECTION 5: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable. SECTION 6: This Ordinance shalr be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force immediately following its adoption by a 4/5 vote of the City Council. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it, or a summary of it, to be published in the manner required by law. II II II II 4 of 7 November 7, 2023, Item #8Ordinance No. 863 Page 3 INTRODUCED, PASSED, AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California, held the 7th day of November, 2023, by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT; DISQUALIFIED: ATTEST: Carrie Gallagher, CMC, City Clerk Steve Vaus, Mayor 5 of 7 November 7, 2023, Item #8CHAPTER 8.22: HATE LITTER 8.26.010 Purpose and intent 8.26.020 Definitions 8.26.030 Unlawful hate littering 8.26.040 Public nuisance declared Exhibit 1 8.26.050 City Manager administratlve authority 8.26.060 Violations, penalties, and enforcement § 8.26.010 PURPOSE AND INTENT. Ordinance No. 863 Page4 Hate speech and hate-containing writings against anyone based on a characteristic or perceived characteristic which is protected by state or federal law has no place in the City of Poway. Such hate speech and hate-containing writings prevent people from comfortably moving to and from their homes and throughout the City of Poway out of fear for violence. Such target activities are a threat to the health, safety, and welfare of the community. This chapter shall be interpreted in a manner that is consistent with applicable state and federal law. § 8.26.020 DEFINITIONS. For purposes of this chapter, the words and phrases in this chapter shall have the following meanings, except where the context clearly indicates a different meaning, DUMP. To dump, throw, discard, place, deposit, or dispose of. HARASS. To engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. PUBLIC AREA. All property that is owned, managed or maintained by the city, and shall include, but not be limited to any public street, building, grounds, lot, parcel park, plaza or parking lot dedicated to the authorized use and enjoyment of the public, and any other public property owned, maintained or controlled by another government agency within the City where the City is authorized to enforce its police powers as described herein. PUBLIC STREET. Includes but is not limited to any city right-of-way, street, road, highway, alley, sidewalk, parkway, bridge, culvert, drain, and all other facilities or areas necessary for the construction, improvement, and maintenance of streets and roads. SIDEWALK. That portion of the public right-of-way provided for the primary use of pedestrians along or adjacent to a street. § 8.26.030 UNLAWFUL HATE LITTERING. (A) Unlawful hate littering. It shall be unlawful and a public nuisance for any person to distribute or dump pamphlets, flyers, or other materials, whether for commercial or 6 of 7 November 7, 2023, Item #8Ordinance No. 863 Page 5 noncommercial purposes, in a public area, including outside a private residence, with the intent to wlllfully injure, intimidate, interfere with, oppress, harass, or threaten anyone based on a characteristic or perceived characteristic which is protected by state or federal law, including race, religion, color, sex, gender, gender identity, gender expression, marital status, medical condition, military or veteran status, national origin, ancestry, physical or mental disability, genetic information, sexual orientation, and age. Such distribution or dumping shall be deemed "hate littering." (B) Exception. This section shall not apply to any activity protected under the Constitution of the United States and the Constitution of the State of California. § 8.26.040 PUBLIC NUISANCE DECLARED. Any hate littering established in violation of this chapter is declared to be a public nuisance, and the City is authorized to abate the nuisance and remove hate litter as authorized by law. § 8.26.050 CITY MANAGER ADMINISTRATIVE AUTHORITY. The City Manager or his or her designee may develop and adopt administrative regulations that are consistent with the terms and prohibitions of this chapter. This shall include all policies and procedures for the abatement of hate litter, including the policies and procedures for ensuring safe and prompt removal of the nuisance. § 8.26.060 VIOLATIONS, PENALTIES, AND ENFORCEMENT. Any person who violates this chapter is guilty of a misdemeanor and punishable by a fine of not more than $1,000 and/or imprisonment not to exceed six months. This chapter may also be enforced via administrative or civil actions as authorized by the Municipal Code. 7 of 7