Loading...
12-05-2023 Agenda PacketAGENDA Poway City Council Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 December 5, 2023 I 7 p.m. Thank you for participating in your local government and the City of Poway Council meetings. Meetings I Regular City Council meetings are· held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public. Public Meeting Access I Members of the public may attend the City Council meeting in person, or watch the City Council meeting live online. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website. Speakers I Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes. Per the Poway Municipal Code, the speaking time may be reduced. To Watch Live: www.poway.org/councilmeetings Agenda Materials I This agenda contains a brief summary of each item the Council will consider. The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org. Sign up at https://poway.org/list.aspx to receive email notifications when City Council agendas are published online. Items listed on the agenda with a"#" symbol are in preparation. PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting. Ame rican Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting. Steve Vaus Mayor Caylin Frank Deputy Mayor Peter De Hoff Council member Anita Edmondson Council member Brian Pepin Councilmember Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers. The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE: MOMENT OF SILENCE: PRESENTATION: Poway Chamber of Commerce PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes. Per the Poway Municipal Code, the speaking time may be reduced. Speakers have one opportunity to address the Council under Public Comment. CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion. 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the September 19, 2023 Regular City Council Meeting Minutes 3. Approval of Local Appointments List of City Council Appointed Committees for 2024 4. Approval of an Agreement with Graybar Electric Company, Inc to Purchase Un interruptible Power Supply (UPS) Replacement Hardware and Appropriation of Funds 5. Acceptance of the Fire Station 1 Stairway Replacement Project with GQ Builders, Inc., as Complete 6. City's Investment Report as of September 30, 2023 7. Submission of Right-of-Way Certification Form for Federal-Aid Projects -Highway Safety Improvement Program Cycle 10 Project 8. Acceptance of the FY 2022-2023 Street Overlay Project with Hazard Construction ENGR, LLC, as Complete 2 of 5 Regular City Council Meeting December 5, 2023 9. Approval of a Purchase and Sale Agreement Between the City of Poway and Pinnacle Reality of California, LLC (Toyota of Poway) for the sale of 13655 Poway Road, Assessor Parcel Numbers 317- 190-2100 and 317-190-4500 10. Resolution Authorizing the Submittal of Grant Applications to the Department of Resources Recycling and Recovery (Cal Recycle) for All Grant Programs for which the City of Poway is Eligible and Authorizing the City Manager to Execute Documents Related to the Administration of CalRecycle Grants 11. Approval of Consultant Agreements with Linscott, Law & Greenspan, Engineers and Kimley-Horn & Associates, Inc., for As-Needed Traffic Engineering Services, RFP No. 24-006 12. Authorization to Purchase One (1) Medium-Duty Utility Truck through the GM Government Bid Assistance Program ORDINANCES FOR INTRODUCTION: None PUBLIC HEARINGS: None STAFF REPORTS: 13. Approving a CALPERS 180-day Waiting Period Exception to Hire a Retired Annuitant City Manager's Recommendation: It is recommended the City Council approve the resolution appointing an Interim Water Treatment Plant Manager pursuant to Government Code Sections 7522.56 and 21221 (h) and approving the waiver of the 180-day wait period for the newly retired individual to work as a retired annuitant through OTS as the Interim Water Treatment Plant Manager. 14. Request for Approval for the Submission of Applications for the Resyndication of Low-Income Housing Tax Credits and Tax-Exempt Bonds for Haley Ranch Estates, Hillside Village, and Parkview Terrace Affordable Housing Communities City Manager's Recommendation: It is recommended the Poway Housing Authority 1) adopt a Resolution authorizing Community HousingWorks to submit applications to apply for a new reservation of low-income housing tax credits paired with a new allocation of tax-exempt bonds to the California Tax Credit Allocation Committee and California Debt Limit Allocation Committee for the affordable communities of Haley Ranch Estates, Hillside Village, and Parkview Terrace; 2) authorize the Executive Director to execute all necessary documents relating to the application and implementation of low-income housing tax credit resyndication for the affordable communities of Haley Ranch Estates, Hillside Village, and Parkview Terrace; 3) authorize the Executive Director to execute all necessary documents relating to the support of Community HousingWorks' applications for tax-exempt bonds and low-income housing tax credits for the communities of Haley Ranch Estates, Hillside Village, and Parkview Terrace, including, providing any needed commitment letters consistent with these applications, review and approval of temporary relocation plans for community residents, and California Tax Credit Allocation Committee local reviewing agency packages; 4) authorize (i) the transfer and assignment of the existing Ground Lease and Regulatory Agreement dated September 26, 2000 by and between the 3 of 5 Regular City Council Meeting December 5, 2023 Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, and Haley Ranch Estates Housing Associates, L.P., to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, (ii) an amendment to the Ground Lease to extend the initial term thereof for a new 55-year term, and (iii) an amendment to the Regulatory Agreement to reaffirm the term thereof as in perpetuity; 5) authorize (i) the transfer and assignment of the existing Ground Lease for Hillside Village, dated June 8, 2001, by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, and Community Housing of North County, to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, and (ii) an amendment to the Ground Lease to extend the initial term thereof Ground Lease for a new 55-year term; 6) authorize (i) the transfer and assignment of the existing Regulatory Agreement for Hillside Village, dated February 5, 2002, by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, Breihan Housing Associates, L.P., and Community Housing of North County, to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, and (ii) an amendment to the Regulatory Agreement to reaffirm the term thereof as in perpetuity; 7) authorize (i) the transfer and assignment of the existing Loan Agreement for Hillside Village dated February 5, 2002, by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, and Breihan Housing Associates, L.P., and the existing Promissory Note and Deed of Trust executed by Breihan Housing Associates, L.P. to a new Low-Income housing tax credit partnership, yet to be formed, and, (ii) an amendment to the Loan Agreement and amendment to the Promissory Note to restate the loan amount thereunder to include the full principal amount of the Loan and all accrued interest through the date of finance closing, modify the interest rate on the Loan to the Applicable Federal Rate compounding in effect as of the date of finance closing, and extend the term of the Loan for a new 55-year term; and 8) authorize (i) the transfer and assignment of the Ground Lease and Regulatory Agreement for Parkview Terrace, dated August 29, 1997 by and among the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, Community Housing of North County, and Bowron Road Group, L.P., to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, (ii) an amendment to the Ground Lease to extend the initial term thereof for a new 55-year term, and (iii) an amendment to the Regulatory Agreement to reaffirm the term thereof as in perpetuity. 15. Proposed Fiscal Year 2023-24 Capital Improvement Program City Manager's Recommendation: It is recommended the City Council adopt the Resolution approving the CIP Budget for Fiscal Year 2023-24. WORKSHOPS: None COUNCIL-INITIATED ITEMS: 16. Appointment of Deputy Mayor for 2024 17. Appointment to Regional Agencies' Boards, Commissions and Committees for 2024 COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) CITY MANAGER ITEMS: 4 of 5 Regular City Council Meeting December 5, 2023 CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: None AD!OURNMENT: State of California County of San Diego ) ) 55. ) AFFIDAVIT OF POSTING I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on November 28, 2023. Said meeting to be held at 7:00 p.m., December 5, 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. ~~JMJfi!d-Carrie Gallagher, CMC, Ci~ Ork 5 of 5 Regular City Council Meeting December 5, 2023 December 5, 2023, Item #2AG EN DA REPORT City of Poway DATE: TO: FROM: December 5, 2023 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk~ (858) 668-4535 or cgallagher@poway.org CITY COUNCIL SUBJECT: Approval of the September 19, 2023 Regular City Council Meeting Minutes Summary The City Council Meeting Minutes submitted hereto for approval are: • September 19, 2023 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency. Recommended Action: It is recommended the City Council approve the September 19, 2023 Regular City Council Meeting Minutes. Public Notification: None. Attachments: A. September 19, 2023 Regular City Council Meeting Minutes Reviewed/Approved By: A.l :JL. I --wu·~-~· • Wendy Ke.Jerman Assistant City Manager 1 of 7 Reviewed By: Alan Fenstermacher City Attorney City Manager December 5, 2023, Item #2CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES September 19, 2023 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Regular Meeting to order at 7:00 p.m. ROLL CALL Present: Brian Pepin, Peter De Hoff, Anita Edmondson, Caylin Frank, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Bob Manis; Director of Finance Judy Tran; Director of Human Resources and Risk Management Jodene . Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham. (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) • PLEDGE OF ALLEGIANCE Deputy Mayor Frank led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus recognized the passing of Los Angeles County Sheriff's Deputy Ryan Clinkunbroomer who was fatally wounded after being ambushed in his patrol car. PRESENTATIONS None. 2 of 7 ATTACHMENT A December 5, 2023, Item #2City of Poway -Minutes -September 19, 2023 PUBLIC COMMENT Jeff Schmidt, speaking on behalf of Preserve Wild Poway, discussed the Poway Subarea Habitat Conservation Plan and voiced concerns over local endangered species. Lori Grennan, speaking on behalf of Preserve Wild Poway, discussed endangered mixed chaparral habitats and voiced concerns over maintaining open spaces in Poway. Ray Jalisi spoke on the City of Poway's Code of Ethics, communication with City staff, and resident rights. Joe St. Lucas spoke regarding the Poway Road Specific Plan, new development construction proximity to Poway Road, and voiced support for consideration of onsite parking for future developments. Manuel Martinez voiced concern regarding recent traffic incidents on Robison Boulevard and requested speed mitigation measures for the area. John Barton spoke regarding alternative traffic calming solutions for Midland Road and Edgemoor St. CONSENT CALENDAR Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to approve Consent Calendar Items 1 through 4. Motion carried 5/0 by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Pepin, De Hoff, Edmondson, Frank, Vaus None None None None 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the August 15, 2023 Regular City Council Meeting Minutes 3. Acceptance of the Espola Road Safety Improvements-Phase 2 Project; Bid No. 21-021, with Tri-Group Construction and Development, Inc. as Complete 4. Authorization to Purchase Network Firewalls Utilizing NASPO Cooperative Purchasing Program Contract #7-20-70-47-01 ORDINANCES FOR INTRODUCTION 5. Introduction of an Ordinance Amending Chapter 2.28 to Title 2 of the Poway Municipal Code Relating to Electronic Filing of Fair Political Practices Commission (FPPC) Statements of Economic Interest, Form 700; and Campaign Disclosure Statements 3 of 7 December 5, 2023, Item #2City of Poway -Minutes -September 19, 2023 City Clerk Carrie Gallagher presented the item. Ms. Gallagher provided a brief overview of filing requirements under the Political Reform Act. The proposed ordinance is a requirement in order for the City of Poway to accept electronic filings of FPPC Form 700 "Statement of Economic Interest" and campaign disclosure forms. Currently, the City can only accept paper filings. Ms. Gallagher discussed Assembly Bill (AB) 2452, which allows local government agencies to require online or electronic filing for any person who is required to file statements, reports, or other documents. The new electronic filing system, she continued, will allow filers to file their Campaign Disclosure or Form 700s with the City of Poway providing ease-of-use for filers, saving staff time and resources, and increasing transparency and online access to statements. In order to implement the provisions of AB 2452, the City must adopt an Ordinance permitting the use of an online filing system as an option for filing and designating the filings received electronically by the City Clerk's Office as the filings of record for the City. The system must operate securely and effectively, be of no cost to filers, be available for the public to view filings, and not place an unduly burden on filers. Ms. Gallagher noted that if approved, electronic filing will be mandatory beginning January 1, 2024. Public Comment: None. End of Public Comment. As requested by the Mayor, City Clerk Gallagher titled the Ordinance. Ayes: Noes: Abstained: Absent: Disqualified: De Hoff, Edmondson, Pepin, Frank, Vaus None None None None Motioned by Mayor Vaus, seconded by Councilmember Pepin to introduce Ordinance No. 862 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 2.28 to Title 2 of the Poway Municipal Code Relating to Electronic and Paperless Filing of Fair Political Practices Commission (FPPC) Campaign and Statement of Economic Interest Disclosure Information" waive further reading, and schedule the adoption of the Ordinance for the October 3, 2023 Regular City Council meeting. Motion carried unanimously. PUBLIC HEARINGS: 6. Conditional Use Permit (CUP) 23-0004, a request to amend CUP 94-001 to allow the modification of an existing carwash/lube and tune complex located at 14713 Pomerado Road in the Twin Peaks Plaza and finding that no further CEQA review is necessary Mayor Vaus opened the Public Hearing at 7:25 p.m. 4 of 7 December 5, 2023, Item #2City of Poway -Minutes -September 19, 2023 Senior Planner Hector Salgado presented the item along with a PowerPoint presentation. Using an aerial image, he provided the subject location, current property site plan with the existing carwash and lube and tune facility and spoke regarding zoning requirements. He noted the modification includes demolition of the existing 2,005 square foot lube-and-tune facility to install 16 new vacuum stalls, with no changes proposed to the existing carwash building. Mr. Salgado then provided the proposed site plan including proposed location of the new pay station vacuum stalls, color, size, and facility hours of operation. Images of similar vacuum models of the applicant's Rancho Peiiasquitos location were displayed. He noted a noise study had been prepared by Rincon Consultants, Inc., concluding any new noise generated would come from the motors which would be housed inside of the existing building and was found to not exceed commercial noise standards outlined in the Poway Municipal Code. Public Comment: No speakers. End of Public Comment. Mayor Vaus closed the Public Hearing at 7:29 p.m. Council discussion ensued with positive comments regarding the noise study outcome. In response to questions from Council, the applicant, David Younan of Genie Car Wash, confirmed the business' hours of operation. Mr. Salgado confirmed the City did community outreach and public noticing for the project, and as a result, had not received any responses. Motioned by Mayor Vaus, seconded by Councilmember Pepin to adopt Resolution No. 23-048 "Approving Conditional Use Permit 23-0004; a Modification of Conditional Use Permit 94-001 to Demolish an Existing Lube and Tune Facility and Install 16 Vacuum Stalls at an Existing Carwash Located at 14713 Pomerado Road; Assessor Parcel Number: 314-710-33." Motion carried unanimously. STAFF REPORTS: 7. Award of Contract to Gateway Pacific Contractors, Inc.; Approval of Agreement to United Guard Services, Inc., for Security Services, for the Lester J. Berglund Water Treatment Plant Clearwell Replacement Project; Bid No. 23-009 and the Appropriation of Water Revenue Bonds, Series 2023A Proceeds Principal Civil Engineer Shadi Sarni presented the item along with a PowerPoint presentation. She provided background on the program, which consists of the Clearwell Bypass, Clearwell Replacement, and the Treated Water Facilities Projects. The Bypass Project, which has been completed, has facilitated the Clearwell Replacement, with the Treated Water Facilities project in design stages. She explained the Clearwell Replacement Project replaces the existing 10-million-gallon water storage reservoir with two 4-million-gallon prestressed concrete dual tanks providing redundancy and operational flexibility, allowing one tank to be taken offline for future maintenance and repairs, while the other provides continuous service. The project also includes site grading, retaining walls, biofiltration bases, storm drainpipe relocations, new inlet/outlet and overflow piping vaults and other appurtenances. 5 of 7 December 5, 2023, Item #2City of Poway -Minutes -September 19, 2023 Ms. Sarni explained bids were received from three contractors, Gateway Pacific Contractors, Inc., was the apparent low bidder with a bid amount of $31,646,023. Ms. Sarni explained to ensure security and safety at the facility and the construction site, the services of a qualified security service contractor are required. The city requested quotes from qualified security services contractors to provide uniform services to the entry gate. Quotes were received from three services and based on qualifications and experience; staff determined United Guard Services provides the best value with an estimated total contract amount of $148,200. On August 15 2023 the City Council and Public Financing Authority Board of Directors authorized the issuance of Water Revenue Bonds Series 2023A to provide funding for the construction of the Clearwell Replacement Project and for planning and design costs for the Treated Water Facilities Projects. In order to spend the funds, staff requests appropriation of the bond proceeds. Public Comment: None. End of Public Comment. Council Discussion ensued. Council responded positively to the Project, noting the outcome of the Project would be a more reliable water system and overall reduction in facility maintenance. Council discussed the durability of the prestress concrete cover and the long-term cost savings of the Project. Motioned by Councilmember De Hoff, seconded by Mayor Vaus to 1) award a contract for the Lester J. Berglund Water Treatment Plant Clearwell Replacement Project to Gateway Pacific Contractors, Inc., the lowest responsible bidder, in the amount of $31,646,023; 2) approve the security service agreement with United Guard Services, Inc., determined the best value, in the estimated total amount of $148,200; 3) appropriate Water Revenue Bonds, Series 2023A proceeds in the amount of $37.6 million to the Clearwell Replacement Project (WTR0027); 4) appropriate Water Revenue Bonds, Series 2023A proceeds in the amount of $500,000 to the Treated Water Facilities Projects (WTR0028 and WT040); and 5) authorize the City Manager to execute the necessary documents. Motion carried unanimously. WORKSHOPS None. COUNCIL-INITIATED ITEMS None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) Councilmember Edmondson thanked the Public Works and the Fire Departments, as well as the Sheriff's Department, for their work in preparing for Hurricane Hilary. She noted their coordination 6 of 7 December 5, 2023, Item #2City of Poway-Minutes -September 19, 2023 efforts and pointed out the readiness by distributing over 13,000 sandbags. Ms. Edm.ondson gave special thanks to Community Outreach Coordinator Rene Carmichael for her efforts in disseminating safety information across multiple platforms in preparation of a local emergency. Mayor Vaus recognized the September 11, 2023, Bill McKibbin Memorial Golf Tournament (renamed in honor of Poway resident Bill McKibbin), previously the Poway Veterans Organization Annual Golf Tournament. Mayor Vaus encouraged residents to attend the upcoming Poway Rodeo and noted an opportunity to purchase a special 50th Anniversary belt buckle. CITY MANAGER ITEMS None. CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None. CLOSED SESSION None. ADJOURNMENT The meeting was adjourned at 7:46 p.m. 7 of 7 Carrie Gallagher, CMC City Clerk City of Poway, California December 5, 2023, Item #3AGENDA RE PQ RT City of Poway DATE: TO: FROM: December 5, 2023 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk (:/4,dJ-(858) 668-4535 or cgallagher@poway.org CITY COUNCIL SUBJECT: Approval of Local Appointments List of City Council Appointed Committees for 2024 Summary: The City Clerk has prepared the annual Local Appointments List required by California Government Code Section 54972. The Code requires that on or before December 31st of each year, the legislative body shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. Recommended Action: It is recommended the City Council approve the Local Appointments List for 2024 and authorize the City Clerk to post in accordance with Government Code Section 54973. Discussion: Government Code Sections 54970-54974, also known as the Maddy Act, require the City Council prepare and post a Local Appointments List on or before December 31st of each year of all regular and ongoing boards, commissions, and committees. The list must contain the following information: 1. All appointive terms which will expire during the next calendar year; 2. The name of the incumbent appointee; 3. The date of appointment and the date the term expires; and 4. The necessary qualifications for the position This information allows any resident the opportunity to apply to serve on a Committee. The City currently has two Committees that fall under the provisions of this section. They are the Budget Review Committee (BRC) and the Parks and Recreation Advisory Committee (PRAC) in which committee members serve two-year terms. Due to expiring terms in December 2023, the City will have two (2) vacancies on the BRC and zero (0) vacancies on the PRAC. Application material will be available on the City's website and in the City Clerk's Office. The application process will open on Monday, January 8, 2024 and applications will be accepted through 5:00 p.m. on Friday, February 9, 2024. Appointments are tentatively scheduled to be made at the March 19, 2024 City Council meeting. Any other vacancies that occur during 2024 would be unscheduled and a notice would be posted in 1 of 3 December 5, 2023, Item #3accordance with Government Code Section 54974. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: None. Public Notification: Upon approval, the Local Appointments List will be posted on the City's website and outside City Hall and shall remain posted for the full calendar year to remain in compliance with the Maddy Act. Attachments: A. Local Appointments List 2024 Reviewed/Approved By: Assistant City Manager 2 of 3 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager December 5, 2023, Item #3City of Poway LOCAL APPOINTMENTS LIST 2024 In compliance with the requirements of the Maddy Act, Government Code 54972, the following appointment list is posted on an annual basis by December 31st. The City Clerk's Office submits the following: BUDGET REVIEW COMMITTEE Qualifications: Purpose: Term: Expiring terms: The committee consists of five (5) members who must be Poway residents. The purpose of the Budget Review Committee shall be to review the annual Operating and Capital Improvement Budget as proposed by the City Manager, and report its findings to the City Council. Two Years Name Appointed By Appointed Term Expires j Chris ~~u~ __ Brian Pepin 03/07/2023 i 12/31/24 -~---I I j 12/31/24 : Andrew Cruz 1 Caylin Frank 03/07/2023 -----1 Pete~ De Hoff I 12/31/24 I 1 Robert Polston 03/07/2023 I . -r I Jared Wils_on Steve Vaus 03/07/2023 12/31/23 I [ John Couvrette I Barry Leonard 03/01/2022 12/31/23 PARKS AND RECREATION ADVISORY COMMITTEE Qualifications: Purpose: Term: Expiring terms: 3 of 3 The committee consists of five (5) members who must be Poway residents. The purpose of the Parks and Recreation Advisory Committee shall be to advise the City Council on the parks and recreational needs of the City of Poway. Two Years Name Appointed By Appointed Term Expires Sabrina Butler 1 Brian Pepin 03/07/2023 I 1213112024 I Julia Fontana Caylin Frank 03/07/2023 I 1213112024 Crystal Anderson Peter De Hoff 03/07/2023 12/31/2024 Phil Rath Steve Vaus 03/07/2023 12/31/2024 Steven Polito Barry Leonard 03/07/2023 12/31/2024 ATTACHMENT A DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL December 5, 2023 Honorable Mayor and Members of the City Council Judy B. Tran, Director of Finance � Brad Rosen, Assistant Director of ��ce Operations � (858)668-4452 or brosen@poway.org Approval of an Agreement with Graybar Electric Company, Inc to Purchase Un interruptible Power Supply (UPS) Replacement Hardware and Appropriation of Funds The City issued a Request for Proposal (RFP No. 24-005) to purchase Uninterruptible Poway Supply (UPS) replacement hardware for the City Hall data center, Council Chambers, and the Public Works data center and received two responses to the RFP. The approved Fiscal Year 2023-24 Capital Replacement Equipment Fund budget includes partial funding for this purchase and an appropriation is requested for the additional amount. Based on overall cost for the procurement and installation of the new hardware and the removal of the existing hardware, staff recommends an agreement with Graybar Electric Company, Inc. The total estimated cost for this purchase, including sales tax, is $117,277.35. Recommended Action: It is recommended the City Council: 1)Authorize the purchase of UPS hardware replacements for the City Hall data center, Council Chambers, and Public Works data center for a total cost of $117,277.35; 2)Approve the Resolution to authorize the additional appropriation in the amount of $47,444.77 from the General Fund unassigned fund balance; and 3)Authorize the City Manager to execute the agreement and necessary documents. Discussion: UPS hardware is needed at City locations where other server and network hardware exists to provide battery backup in case of a loss of electricity. These UPS systems provide backup power, protecting the technology hardware from damage in the event of grid power failure. In addition, all critical city applications supported by this hardware remain running during the short timeframe between the loss 1 of 20 December 5, 2023, Item #4 December 5, 2023, Item #4of electricity and the transfer to the City generator power at these locations. The UPS hardware in the City Hall data center and Council Chambers was installed when the buildings were constructed. While Internal batteries have been replaced over the years, the main UPS units are over 18 years old and need to be replaced. In addition, the UPS hardware at Public Works is 12 years old and needs to be replaced due to age and the need for newer manufacturer-supported equipment. The City issued an RFP (No. 24,005) in September 2023 and received two responses as detailed in the table below. Graybar Electric Company, Inc. proposed the lowest cost solution that meets the requirements of the RFP. Quot Graybar Electric Company, Inc. $117,277.35 -------------! Industrial Power & Automation $132,893.00 As part of the City's asset management replacement program to keep our hardware technology current and supported by the manufacturers, funds were budgeted for the replacement of the UPS hardware for the three locations. Proposals for the hardware replacement came in higher than the amount collected and an appropriation for the additional amount is requested as detailed in the fiscal impact below. Based on the lowest quote submitted, it is recommended Graybar Electric Company, Inc. be selected for the purchase and installation of the UPS hardware at the three City locations including all required electrical work, removal of existing UPS hardware, and three-years of hardware maintenance. vironmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The City proaccively plans for the replacement of its information technology assets by annually setting aside a portion of the anticipated replacement costs. As such, partial funding in the amount of $69,832.58 is available in the FY 2023-24 Capital Replacement Equipment Fund (115010-61212) and Information Technology division budget (113010-61212) for the purchase of UPS replacements. Due to increased equipment costs and required electrical work for the installation of the new hardware, an appropriation is requested from the General Fund unassigned fund balance (Fund 1000) in the amount of $47,444.77 to account number 113010-61212 to complete this purchase, The net fiscal impact of the agreement is $117,277.35. Public Notification: None. Attachments: A. Resolution 8. Standard Agreement for Services, Graybar Electric Company, Inc. 2 of20 December 5, 2023, Item #4Reviewed/Approved By: Wen~ttti~ Assistant City Manager 3 of20 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chr~ City Manager December 5, 2023, Item #4RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE PURCHASE OF UNINTERUPTABLE POWER SUPPLY (UPS) HARDWARE AND AN APPROPRIATION OF FUNDS WHEREAS, the City proactively plans for the replacement of its UPS Hardware by setting aside monies in the Capital Replacement Equipment Fund (115010-61040) each year; WHEREAS, the cost of the UPS Hardware from Graybar Electric Company, Inc. is $117,277.35; WHEREAS, a total of $69,832.58 is available in the Capital Replacement Equipment Fund ( 115010-61212) and Information Technology division budget (113010-61212) for the purchase of UPS Hardware; which is $47,444.77 less than required due to increased equipment costs; and WHEREAS, the City ensures the financial sustainability of the Capital Replacement Fund by having the department fund the difference. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council authorizes the City Manager to execute a purchase agreement for the purchase of three new UPS systems, for a net cost of $117,277.35. SECTION 2: The City Council authorizes an appropriation of $47,444.77 from the General Fund Unassigned Fund Balance (Fund 1000) to account number 113010-61212 for the purchase of three UPS Systems. 4of20 II II II II II II II II II ATTACHMENT A December 5, 2023, Item #4Resolution No. 23-Page 2 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of December 2023, by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of20 December 5, 2023, Item #4City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 5th day of December, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and Graybar Electric Company, Inc. (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform procurement and installation of Uninteruptable Power Supply (UPS) hardware; WHEREAS, Consultant is a UPS Electric vendor and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit 'W' 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. 5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perlorm the services. Consultant shall treat all such information 6of20 ATTACHMENT B December 5, 2023, Item #4as 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 f hird 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. and expense. 7. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost 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 periorm services for the City. "Consultant" means an individual who, pursuant to a contract with a state or local agency: 7 of20 December 5, 2023, Item #4(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: 12] 1. ConsultanVContractor will not be "making a government decision'' or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or ''serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11, Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement. for inspection by City and copies thereof shall be furnished, if requested. 8 of20 December 5, 2023, Item #412. 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. ( 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. 9 of20 December 5, 2023, Item #4(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. Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 10 of 20 December 5, 2023, Item #419. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. 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. Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in 11 of 20 December 5, 2023, Item #4full 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) 12 of 20 December 5, 2023, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: -----------ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney 13 of 20 GRAYBAR ELECTRIC COMPANY, INC. By: __________ _ Name, Title Date: __________ _ December 5, 2023, Item #4"SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the procurement and installation of Uninteruptable Power Supply (UPS) hardware and associated electrical work at City Hall, Council Chambers and Public Works Administration further described in the Scope of Services submitted with the proposals dated October 10, 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 November 16, 2023, which are included in this document as Attachment 2. Total fee is not to exceed $117,277.35. Const1ltant'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 be effective from the period commencing December 5, 2023, and ending December 31, 2024, unl.ess sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 14 of 20 December 5, 2023, Item #4following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement. a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. 1::ndorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City; To Consultant: 15 of 20 City of Poway P.O. Box 789 Poway, CA 92074 Graybar Electric Company, Inc. 8606 Miralani Drive San Diego, CA 920126-4353 December 5, 2023, Item #4EXHIBIT "B" Cal Gov Code§ 7522,56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deeri11g's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public: Pension arid Retirement Platts> Article 4 Califomia Public Employees' Pe11sio11 ReformActo/2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of pub I ic business or because the retired person has skills needed to perform work of limited duration. (d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 16 of20 (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 December 5, 2023, Item #4Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eJigible 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: 17 of 20 (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)Ex.cept as otherwise provided in this paragraph, for state employees, the state emp.loyer 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 detennine 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 l, 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. December 5, 2023, Item #4Cal Gov Code§ 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to ( l) 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 l, 2013. Amended Stats 2013 ch 528 § 11(SB13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January I, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note--Arn end men ts: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) 11or firefighter hired to perform a function or functions regularly pet'formed by a public safety officer or firefighter" for "of firefighter'' in subd (t)(4); and (3) "Judges' Retirement System'' for "Judges' Retirement System l" in subd (i). 18 of 20 To: Attn: Phone: Fax: Email: CITY OF POWAY (CD) ACCTS PAYABLE 13325 CIVIC CENTER DR. POWAY CA 92064-5755 Brad Rosen 000-679-4322 amy.grover@graybar.com 8606 MIRALANI DRIVE SAN DIEGO CA 92126-4353 Phone: 858877 Fax: 858271 Date: Proj Name: GB Quote#: Release Nbr: 11/16/2023 CITY HALL-COUNCIL-PUBLIC 0244818887 Purchase Order Nbr: CITY HALL-COUNCIL-PUBLIC WORKS Additional Ref# Valid From: Valid To: Contact: Email: Proposal 11/16/2023 12/16/2023 Amy Grover amy.grover@graybar.com We Appreciate Your Request and Take Pleasure in Responding As Follows Notes: Please reference U.S. Communities Contract EV-2370 Item Item/Type Quantity Supplier 200 ***Item Note:••• 300 ***Item Note:••• 400 ***Item Note:••• 500 ***Item Note:••• 600 1 EA SCHNEIDER ELECIT 1 EA SCHNEIDER ELECIT 1 EA SCHNEIDER ELEC IT 1 EA SCHNEIDER ELECIT 1 EA Catalog Nbr EQUIPMENT SERVICE S IN ST ALLA Tl ON EXTENDE D WARRANTY GROUND FR EIG HT Description . Price Unit $53,492.94 1 $16,420.10 1 $33,117.78 1 $7,550.83 1 $2,550.00 1 Subtotal: Estimated Tax: Ext.Price $53,492.94 $16,420.10 $33,117.78 $7,550.83 $2,550.00 $113,131.65 $4,145.70 (Actual tax value will be calculated at time of order placement) Total: $117,277.35 This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 lo speak with a leasing specialist. To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/h ubfs/PUBLIC%20SECTOR/Supplier%20lnformation/Graybar/EV2370_ Graybar _MAD _2017 _ 12_20.pdf 19 of 20 December 5, 2023, Item #4 ATTACHMENT 1 G~. December 5, 2023, Item #4~ I . .... . .. . ' -City of Poway • City Hall, Councll Chambers, Public Works UPS Rofrcsh City Hall lnstallatlon • Hardware & lnstallatlon Galaxy VS UPS 1 ~kW 208V, 2 Internal 9Ah smart modular battery string,. expandable to 4, Start-up 1 GVSUPS15KB4FS 5x8 Unlntorrupllbli, Pow~r Supply (UP$) Galaxy VS Seismic. KIi for Modular Ballery Csblnel I GVSOPT002 or 521mm wldo UPS Unlnlorrupllbla Power Supply (UPS) Galaxy VS Malnrnnance Bypass Panol, slngla unit, 1 GVSBPSUBOG-1/'IP 10-30kW 208V, 20-60kW 480V wallmount Unlnlorruptlble Power Supply (UPS) Schodullng Uparodo 10 7X2◄ for Ex1,11na Slurtup 1 IMJPGSTRTUP7·UG-01 Sel'\/lce for up lo ◄O kVA UPS or B~lter,, Fr:11no Sorvlcos 1 WASSE'.M-VS1·A15 Assembly SeN!ce for (1) GVS 10-15kVA Sen,Jc.es PRODUCT PROFESSIONAL SERVICES OTHER 1 O'MNSTAll-OBE020446-00 THIRD PARTY UPS REPLACEMENT City Hall iota I: $33,560.93 Council Chambers Hardware & Installation Galaxy VS UPS 25kW 208V, 2 lnton,al 9Ah smart modular battery slrlngs, oxpondablo lo 4, Start-up 1 GVSUPS25KB4FS 5x8 Ur,lntorrupUblc Power Supply (UPS) Golaicy VS Seismic Kit tor Modular Botto,Y Coblnot 1 GVSOPT002 or 521mm wide UPS Unlnlerruptlblc Power Supply (UPS) Gotoxy VS cable kit and condull box for 1 .Sm tall , GVSOPT013 maintenance bypass cablnel wilh transformer Unlnlcrrupllble Power Supply (UPS) Galaxy vs Molnten•ncc Bypass Coblnel w Input transformer 25kW4BOV or600V In, 208Voul, 1.5m 1 GVSBPIT2SB tall Uninlorrupllble Power Supply (UPS) G•la><y VS Seismic kli for Maintenance Bypass: 1 GVSOPTOOB Cablnat with Transfomer Unlntcrrupllble Pmver Supply (UPS) 1 WASSEM.VS1-A25 Assembly Serl/Ice for (1) GVS 20-25kVA Services Scheduling Upgrade lo 7X24 for Exfsllng Sto~IJP 1 Vv\JPGSTRTUP7-UG-01 Service for up lo 40 kVA UPS or Ballery Frame Services PROOUCT PROFESSIONAL SERVICES OTHER 1 O'MNST ALL·OBED16469-00 THIRD PARTY UPS REPLACEMENT Council Chambers Total: $47,025.22 Public Works• Hardware & Installation APC Symmetra LX 8kVA Scalable to 8kVA 1 SYABKBP N+1 Tower, 208/240V UnJnterrUptlble power Supply (UPS) l SBP16KP APC Service Bypass Panel Unlnterruptlblc Power Supply 3 WADVPLN1P·SY·07 1 Year NBD lP Advantage Plan for Symmetra Services QWINSTALL·QBED91982· PRODUCT PROFESSIONAL SERVJCES OTHER l 00 THIRD PARTY UPS REPLACEMENT Public Works Total: $23,384.39 Project Management Servico • All Sites PRODUCT PROFESSIONAL SERVICES OTHER 3 Site Project 1 QWPRJ•QBED27944--00 THIRD PARTY PROJECT MANAGEMENT Management: 6611.11 20 of 20 December 5, 2023, Item #5AGENDA RE PO RT City of Poway DATE: TO: FROM: CONTACT: December 5, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services~ Jeff Beers, Special Projects Engineer ".t,_. (858) 668-4624 or jbeers@poway.org9{' CITY COUNCIL SUBJECT: Acceptance of the Fire Station 1 Stairway Replacement Project with GQ Builders, Inc., as Complete Summary: On February 21, 2023, City Council awarded the contract for the Fire Station 1 Stairway Replacement Project to GQ Builders, Inc., in the amount of $141,000.00. This action will accept the project as complete. Recommended Action: It is recommended the City Council: 1) Accept the Fire Station 1 Stairway Replacement Project as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $7,135.04, if unencumbered, 45 days after City Council acceptance; 4) Release The Ohio Casualty Insurance Company Bond for Material and Labor in the amount of $141,000.00, afterthe release of retention; and 5) Retain The Ohio Casualty Insurance Company Bond for Faithful Performance for a period of one year. Discussion: The Fire Station 1 Stairway Replacement project constructed an interior accessway for Fire Station 1 employees from the first floor to the second floor. Previously, the only stair access to the second floor was by two exterior stairs on the southern and western walls of the station. This project demolished the existing western exterior stairs to construct the interior second story landing of the new stairs. There was one change order for this project in the amount of $1,700.74 for unforeseen conditions encountered during construction. The change order consisted of repairing the existing fire pole that broke during construction and concealing a window blocking the new stairway that was visible from the exterior of the building. The final contract amount is $142,700.74. Environmental Review: The action of acceptance of public improvements that have been completed, which were the subject 1 of2 December 5, 2023, Item #5of a prior environmental determination, is not considered a Project pursuant to Section 15378(b)(5) of the CEQA Guidelines and therefore not subject to the California Environmental Quality Act. Fiscal Impact: Sufficient funds are available in the project account (BD009) for the release of retention. Public Notification: None. Attachments: None. Reviewed/Approved By: Wendyserman Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager December 5, 2023, Item #6AGENDA REPORT CityofPoway DATE: TO: FROM: CONTACT: SUBJECT: Summary: December 5, 2023 Honorable Mayor and Members of the City Council Judy B. Tran, Director of Finance ~ MehrnoushJamshidi, Finance Manager~ (858) 668-4426 or mjamshidi@poway.org City's Investment Report as of September 30, 2023 CITY COUNCIL Quarterly reports of investments are required to be presented to the City Council per California Government Code and the City's Investment Policy. Attached is the Investment Portfolio Report for the quarter ended September 30, 2023. Recommended Action: It is recommended the City Council accept and file the attached report. Discussion: Pursuant to Government Code Sec. 53646(b)(1) and the City's Investment Policy, the Director of Finance (i.e., City Treasurer) renders a quarterly investment report to the City Council concerning the investment portfolio's earnings and performance results. In accordance with the Investment Policy, the quarterly report includes information such as the investment type, issuer, date of maturity, par value, amount invested, current market value, and the source of the market value information. The City is in compliance with its adopted Investment Policy, and the City's investment program provides sufficient liquidity to meet its cash flow requirements for the next six months. The fair value of the City's investment portfolio as of September 30, 2023, was $138,815,708. It consisted of the following: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 1 of 31 December 5, 2023, Item #6Investment Portfolio Total Cash $127,179 Deposits at CalTRUST $23,438,607 Deposits at the Local Agency Investment Fund (LAIF) $38,662,184 U.S. Treasury Notes $29,342,353 U.S. Instrumentalities $25,698,281 Corporate Notes $21,547,103 Fair Value of Investment Portfolio as of September 30, 2023 $138,815,708 It is the City's practice to keep funds (including those identified to pay for Capital Improvement Projects) invested and earning interest until they are needed. In addition to changing market conditions, reductions in the fair value of the investment portfolio can also be reflected in payments for large capital projects as well as operational expenses. Due to year-end deadlines, there was an influx of invoices to be paid with FY 2022-23 funding in addition to other FY 2023-24 invoices paid through the end of September. The attached Investment Portfolio Report (Attachment B) and Investment Report (Attachment C) were prepared by the City's investment manager, Insight Investment, with input from the City's Finance Department. The Portfolio Report includes all investments while the Investment Report includes only those investments managed by Insight Investment. All City funds, including the General Fund, Water Fund, Wastewater Fund and others -except those identified in Attachment D, are pooled and invested, with earned interest allocated quarterly based on the average daily cash balance in each fund. The funds on deposit at LAIF and CalTRUST earn interest at variable rates. The interest rate for the month ending September 30, 2023, is estimated at 3.55% for LAIF, 4.78% for the CalTRUST short-term fund, and 3.74% for the CalTRUST medium-term fund. For fixed income securities, the difference between amortized cost and fair value is considered an unrealized gain or loss. A realized loss is when the principal of the security is redeemed before its maturity date at a fair ·value lower than its amortized cost value. The amortized cost value of the externally managed investment portfolio is $78,461,280; the fair value is $76,714,917 for an unrealized loss of $1,746,363 or 2.23% of the total amortized cost value. The source of the fair value information for the U.S. Treasury Notes, the U.S. Instrumentalities, Corporate Notes, and Municipal Bonds is Interactive Data Corporation. Also included with this report are recaps of the City's cash and investments held by fiscal agents, non-managed investments, and cash on hand. The total book value of the cash and investments held by our fiscal agent, U.S. Bank, at September 30, 2023, was $127,179. The source of the market value information for these investments was U.S. Bank. The total book value of the non-managed investments was $100,094 at September 30, 2023. The City's cash on hand at September 30, 2023 totaled $2,807,307. As of September 30, 2023, the balance of the City's Library Trust Fund is $261,979. For the Fiscal Year 2023-24 period ending September 30, 2023, $2,325 of interest earnings has been transferred to the General Fund. The City Transfers 90% of the Library Trust Fund's interest revenue to the General Fund on an annual basis to help offset library operating costs. 2 of 31 December 5, 2023, Item #6Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The externally managed investment portfolio earned interest of $138,390 for the month of September 2023, $137,271 for August 2023, and $139,170 for July 2023. Fees for investment services provided by Insight Investment during this period totaled $9,575. Public Notification: None. Attachments: A. Investment Statistics B. Investment Portfolio Report prepared by Insight Investment C. Investment Report prepared by Insight Investment D. City of Poway Investments and Cash with Fiscal Agent; General, Payroll, and Petty Cash Report at September 30, 2023 Reviewed/Approved By: WendfJ:aserman Assistant City Manager 3 of31 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager December 5, 2023, Item #6City of Poway Investment Statistics Separately Managed Investment Pools Fair Value: CalTRUST Short-Term Deposits CalTRUST Medium-Term Deposits September 2022 $ 11,409,244 11,232,705 28,523,955 June 2023 $ 11,753,031 11,488,838 46,903,235 September 2023 11,894,050 11,544,557 38,662,184 Deposits at the Local Agency Investment Fund (LAIF) Total Fair Value $ 51,165,904 $ 70,145,104 $ 62,100,791 Weighted Average Yield Effective Average Duration in days Weighted Average Maturity in days Externally Managed Investment Pools Fair Value: 1.75% 1 1 3.43% 1 1 3.82% 1 1 Cash $ 32,182 $ 130,418 $ 127,179 U.S. Treasury Notes U.S. Instrumentalities Corporate Bonds Total Fair Value Amortized Cost Value: Cash U.S. Treasury Notes U.S. Instrumentalities Corporate Bonds Total Amortized Cost Value Unrealized Gain (Loss) Unrealized Gain (Loss) Percentage Accrued Interest Earned Weighted Average Yield Effective Average Duration in years Weighted Average Maturity in years 28,001,371 25,240,127 21,214,999 74,488,679 32,182 28,984,175 25,943,209 21,862,328 76,821,895 (2,333,216) -3.04% 115,610 1.58% 1.22 1.33 28,980,315 25,612,868 21,609,722 76,333,322 130,418 29,733,715 26,098,763 22,048,935 78,011,831 (1,678,508) -2.15% 131,465 2.52% 1.76 1.93 29,342,353 25,698,281 21,547,103 76,714,917 127,179 30,061,698 26,236,861 22,035,542 78,461,280 (1,746,363) -2.23% 138,390 2.70% 1.75 1.91 Total Fair Value of Portfolio Assets $ 125,654,583 $ 146,478,426 $ 138,815,708 Weighted Average Yield Effective Average Duration in years Weighted Average Maturity in years Glossary of Yield Terminology 1.65% 0.72 0.79 2.96% 0.92 1.01 Coupon: A bond's coupon is the periodic interest payment made to the holder of the fixed income security during the life of the bond. Coupon payments can be made monthly, quarterly, or annually. Book Yield: The Book Yield is that rate of return that will make the present value of the future cash flows of a fixed income security equal to the price paid for the security. This assumes that the security will be held to its maturity. Current Yield: Annual rate of return on an investment expressed as a percentage. Current Yield of a fixed income security is the annualized earnings (coupon) divided by the bond's market value as of the valuation date. One Year Total Yield: The One Year Total Yield or One Year Return represents the portfolio's percentage change over a year's time, factoring in interest payments, changes in market value and reinvestment of distributions. 3.20% 0.97 1.06 Weighted Average Yield: The total yield on a bond portfolio divided by the number of bonds contained in ii, weighted for the size of each bond so that the yield of large holdings does not drown out the calculation of yields on small holdings. Yield to Maturity: The Yield to Maturity (YTM) or Market Yield to Maturity of a fixed income security is that rate of interest that will make the present value of the future cash flows equal to the market value as of the valuation date, assuming the bond is held to maturity. 4 of 31 ATTACHMENT A December 5, 2023, Item #6City of Poway Monthly Investment Portfolio Report September 30, 2023 Separately Managed Investment Pools % Return LAIF $ 38,662,184 62% 3.55% CalTrust -Short $ 11,894,050 19% 4.78% CalTrust -Medium $ 11,544,557 19% 3.74% Total Internally Managed $ 62,100,791 45% Weighted Average Yield 3.82% Days Effective Average Duration -Internal 1 Weighted Average Maturity -Internal 1 Externally Managed Assets % Return Cash $ 127,179 0% 3.50% Treasury Securities $ 29,342,353 38% 2.43% Instrumentality Securities $ 25,698,281 33% 2.79% Corporate Notes $ 21,547,103 28% 2.96% Total Externally Managed $ 76,714,916 55% Weighted Average Yield 2.70% Years Effective Average Duration -External 1.75 Weighted Average Final Maturity -External 1.91 Total Portfolio Assets % Return LAIF $ Ca IT rust -Short $ CalTrust -Medium $ Cash $ Treasury Securities $ Instrumentality Securities $ Corporate Notes $ Total Portfolio Assets $ Weighted Average Yield Effective Average Duration -Total Weighted Average Maturity-Total Portfolio Change Beginning Balance Ending Balance Assets values shown at Market 5 of31 38,662,184 28% 3.55% 11,894,050 9% 4.78% 11,544,557 8% 3.74% 127,179 0% 3.50% 29,342,353 21% 2.43% 25,698,281 19% 2.79% 21,547,103 16% 2.96% 138,815,708 3.20% Years 0.97 1.06 $ $ Ca IT rust -CalTrust -Short, 19% Securities 26% 139,811,963 138,815,708 ATTACHMENT B LAIF, 62% Cash, 0% Treasury Securities, 38% Instrumentality Securities, 33% CalTrust -Short CalTrust-12% Cash 0% December 5, 2023, Item #6AfTACHMENil" C December 5, 2023, Item #6Contents Fixed income market review Activity and performance summary Recap of securities held Maturity distribution of securities held Securities held GASB 40 -Deposit and investment risk disclosure Securities purchased Securities sold and matured Detail of return and interest received Transaction report Additional information 3 4 6 7 8 13 17 18 19 23 24 ..... M .... 0 " December 5, 2023, Item #6FIXED INCOME MARKET REVIEW As of September 30, 2023 Chart 1: The Federal Reserve forecast "higher for longer" interest rates 6 "--c-:::-.... _ 5 ?12.. 4 ' -.... .. -.... , : : : : , , , JidN#ii ....... , .... ', ...... (l) +-' 3 ro ~ Mbff M,iifi! ........ --V, "C C 2 ::, u.. "C (l) 1 u.. 0 2021 2022 2023 2024 2025 2026 --Fed Funds rate - - -Dots (Sep '23) - - -Dots (June '23) Source: Bureau of Labor Statistics, September 30, 2023 Chart 2: Core CPl's momentum continued to improve as energy pushed up headline CPI 12% (l) 10% +-' ~ 8% "C (l) 6% .!::l ro 4% ::, ~ " C .____, \ ,., ........... C 2% -~,· ro ,' ',,,,,' \ ..c +-' 0% • ' C 0 -2% E m -4% -6% 2019 2020 2021 2022 2023 --CPI -----Core CPI Source: Bureau of Labor Statistics, Insight calculations, September 30, 2023 CITY OF POWAY Economic Indicators and Monetary Policy The Federal Reserve kept the Fed Funds target rate on hold at 5.25% to 5.5% at the September meeting. However, the Committee continued to project another rate hike by the end of the year and adjusted the "dot plot" to reflect a slower pace of rate cuts than it did in at its June meeting (Chart 1 ). The Fed also significantly raised its economic growth forecasts. Chair Powell, nonetheless, stated the central bank will "proceed carefully". Headline CPI rose 0.6% month-on-month in August (up from 0.2% in July) driven primarily by higher energy prices. On a year-over-year basis, CPI rose 3.7% in August from 3.2%. However, core CPI painted a more benign picture, decreasing from 4.7% to 4.3% year-on-year, the slowest level since September 2021. Meanwhile, the 3-month annualized rate fell below 3%, improving from 3.1 % to 2.4% (Chart 2). Broad disinflationary trends are still evident across non-energy areas, although there were some blemishes, with non-durable goods and transportation (particularly private transportation) categories contributing positively, likely related to higher energy prices. The final estimate of Q2 GDP was unchanged at 2.1 % (equal to Q1 GDP growth). However, consumption was revised down and business investment was revised up. Labor market conditions remained tight overall. The unemployment rate unexpectedly increased from 3.5% to 3.8%, which was partly driven by the participation rate increasing from 62.6% to 62.8%. Wage growth continued to edge down, falling from 4.4% to 4.3% year-on-year. Job growth was also solid at 187,000 and would have been ~55,000 higher if not for Hollywood strikes and layoffs at a large trucking company. Congress faced the looming prospect of a government shutdown at the end of the month, given objections from a faction of Republicans in the House of Representatives over the required appropriations bills needed to keep the government funded. However, at the very end of the month, Congress passed a "continuing resolution" to keep the government funded for 45 days, buying until mid-November for a comprehensive agreement. Interest Rate Summary As the Federal Reserve projected a "higher for longer" interest rate path, long-end yields rose significantly, but short-end yields remained stable. At the end of September, the 3-month US Treasury bill yielded 5.46%, the 6-month US Treasury bill yielded 5.55%, the 2-year US Treasury note yielded 5.05%, the 5-year US Treasury note yielded 4.61 % and the 1 o-year US Treasury note yielded 4.57%. ... M .... 0 00 3 December 5, 2023, Item #6ACTIVITY AND PERFORMANCE SUMMARY For the period September 1, 2023 -September 30, 2023 Amortized cost Basis Activity summary Opening balance Income received Total receipts Total disbursements lnterportfolio transfers Total lnterportfollo transfers Realized gain (loss) Change in accruals from security movement Total amortization expense Total 01D/MKT accretion Income Return of capital Closing balance Ending fair value Unrealized gain (loss) 203,660.74 0.00 Comparative Bates of Beturn 1%} *Twelve * Six month trailing month trailing Fed Funds Overnight Repo Merrill Lynch 3m US Treas Bill Merrill Lynch 6m US Treas Bill ML 1 Year US Treasury Note ML 2 Year US Treasury Note ML 5 Year US Treasury Note * rates reflected are cumulative 4.60 4.61 4.69 4.77 4.93 4.48 3.85 2.54 2.55 2.55 2.52 2.56 2.28 1.99 78,222,036.23 203,660.74 0.00 0.00 0.00 0.00 (29,043.03) 64,626.12 0.00 78,461,280.06 76,714,916.43 (1,746,363.63) * One month 0.43 0.43 0.43 0.43 0.44 0.40 0.36 Detail of Amortized cost Basis Beturn Interest Accretion Realized earned (amortization} gain (loss) Cash and Cash Equivalents 419.35 0.00 0.00 Corporate Bonds 58,328.81 (4,464.06) 0.00 Government Agencies 44,304.84 14,331.19 0.00 Government Bonds 35,336.94 25,715.96 0.00 Total 138,389.94 35,583.09 0.00 summary of Amortized cost Basis Beturn tor the Period Interest earned Accretion (amortization) Realized gain (loss) on sales Total income on portfolio Average daily amortized cost Period return (%) YTD return (%) Weighted average final maturity in days CITY OF POWAY Total income 419.35 53,864.75 58,636.03 61,052.90 173,973.03 Total portfolio 138,389.94 35,583.09 0.00 173,973.03 78,392,986.03 0.22 1.79 697 ... M .... 0 en 4 December 5, 2023, Item #6ACTIVITY AND PERFORMANCE SUMMARY For the period September 1, 2023 -September 30, 2023 fair Value Basis Activity summary Opening balance Income received Total receipts Total disbursements lnterportfolio transfers Total lnterportfollo transfers Unrealized gain {loss) on security movements Change in accruals from security movement Return of capital Change in fair value for the period Ending fair value 203,660.74 0.00 CQmparative Bates Qf Beturn f%l *Twelve * Six month trailing month trailing Fed Funds Overnight Repo ICE Bofa 3 Months UST-BILL ICE Bofa 6m US Treas Bill ICE Bofa 1 Yr US Treasury Note ICE BofA US Treasury 1-3 ICE BofA US Treasury 1-5 * rates reflected are cumulative 4.60 4.61 4.47 4.59 3.68 2.47 2.13 2.54 2.55 2.50 2.40 1.63 0.17 (0.64) 76,718,925.78 203,660.74 0.00 0.00 0.00 0.00 0.00 (207,670.09) 76,714,916.43 * One month 0.43 0.43 0.46 0.45 0.34 (0.01) (0.34) Detail Qf fair Value Basis Beturn Interest Change in earned fair value Cash and Cash Equivalents 419.35 0.00 Corporate Bonds 58,328.81 (91,919.57) Government Agencies 44,304.84 (66,299.66) Government Bonds 35,336.94 (49,450.86) Total 138,389.94 (207,670.09) summary Qf fair Value Basis Beturn for the PeciQd Interest earned Change in fair value Total income on portfolio Average daily total value* Period return (%) YTD return (%) Weighted average final maturity in days * Total value equals market value and accrued interest CITY OF POWAY Total income 419.35 (33,590.76) (21,994.82) (14,113.92) (69,280.15) Total portfolio 138,389.94 (207,670.09) (69,280.15) 77,124,828.26 (0.09) 2.20 697 ... M .... 0 0 ... 5 December 5, 2023, Item #6RECAP OF SECURITIES HELD As of September 30, 2023 Cash and Cash Equivalents Corporate Bonds Government Agencies Government Bonds :•.J.11:"": Historical cost 127,179.39 22,519,748.00 26,260,440.59 29,876,340.52 \ Amortized cost 127,179.39 22,035,542.37 26,236,860.52 30,061,697.78 Fair value 127,179.39 21,547,102.98 25,698,280.66 29,342,353.40 Unrealized gain (loss) 0.00 (488,439.39) (538,579.86) (719,344.38) Weighted Percent average of final portfolio maturity (days) 736 738 635 0.16 28.58 33.33 37.92 Portfolio diversification {%) ■ Cash and Cash Equivalents ■ Corporate Bonds ■ GovernmentAgencies ■ Government Bonds Total 0.16 28.58 33.33 37.92 100.00 Weighted average effective duration (years) 0.00 1.75 1.87 1.64 CITY OF POWAY ... M ~ 0 ... ... 6 December 5, 2023, Item #6MATURITY DISTRIBUTION OF SECURITIES HELD As of September 30, 2023 Maturity ---Under 90 days 90 to 1 79 days 180 days to 1 year 1 to 2 years 2 to 3 years 3 to 4 years 4 to 5 years Over 5 years 16.00 14.00 E 12.00 .s ..., 10.00 "' 0 u 8.00 ;;; u 6.00 ·;;: 0 ..., 4.00 "' :i: 2.00 0.00 o'l>-f 0:,<::> 00' ,::? 0:,<::>'o o'l>-f ~O:, ...._'b<::> Maturity distribution J ,_.,.,fl) ,o o~'? (, ~q,'1> 'l, ..... ~ ~'? ~q; ":> 'l, ,s, Historic cost Percent 10,414,803.35 13.22 9,511,808.71 12.07 9,518,076.63 12.08 14,556,222.42 18.48 12,388,010.59 15.72 10,224,427.66 12.98 12, 170,359.14 15.45 0.00 0.00 . -., ~ ""-• : _::/~:?f{1.e}~,\2iitf~1:~~ ~'? ~q; i,. ":> ,o ~'? ~q; ½ i,.'-0 ~'? ~q; /-..½ d",., CITY OF POWAY .... M ~ 0 N .... 7 December 5, 2023, Item #6SECURITIES HELD CITY OF POWAY As of September 30, 2023 Cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % Call date shares gain accrued Port (loss) interest cost Cash and Cash Equivalents Cash and Cash Equivalents 0.000 127,179.39 127,179.39 127,179.39 127,179.39 0.00 0.00 0.16 ----Total Cash and Cash Equivalents 127,179.39 127,179.39 127,179.39 127,179.39 0.00 0.00 0.16 ---Corporate Bonds 17325FA57 CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23) 3.650 01/23/2024 1,400,000.00 1,484,224.00 1,404,905.68 1,390,371.30 (14,534.38) 9,510.28 1.88 12/23/2023 91159HHVS US BANCORP 3.375% OSFEB2024 (CALLABLE OSJAN24) 3.375 02/05/2024 1,900,000.00 1,999,636.00 1,906,150.37 1,881,853.48 (24,296.89) 9,796.88 2.54 01/05/2024 17275RAN2 CISCO SYSTEMS INC 3.625% 04MAR2024 3.625 03/04/2024 1,000,000.00 1,070,370.00 1,007,243.97 991,022.45 (16,221.52) 2,618.06 1.36 459200JY8 IBM CORP 3% 15MAY2024 3.000 05/15/2024 2,300,000.00 2,463,231.00 2,332,444.32 2,260,902.60 (71,541.72) 25,875.00 3.13 02665WCZ2 AMERICAN HONDA FINANCE 2.4% 27 JUN2024 2.400 06/27/2024 1,000,000.00 1,012,410.00 1,002,024.11 975,225.39 (26,798.72) 6,200.00 1.29 46647PAY2 JPMORGAN CHASE & CO 4.023% 05DEC2024 (CALLABLE 4.023 12/05/2024 2,000,000.00 2,207,640.00 2,012,007.65 1,991,118.72 (20,888.93) 25,702.50 2.80 OSDEC23) 12/05/2023 166764BW9 CHEVRON CORP 1.554% 11 MAY2025 (CALLABLE 1 .554 05/11/2025 1,800,000.00 1,715,436.00 1,754,591.79 1,693,558.98 (61,032.81) 10,800.30 2.18 11APR25) 04/11/2025 24422ETC3 JOHN DEERE CAPITAL CORP 3.4% 11SEP2025 3.400 09/11/2025 1,000,000.00 989,920.00 993,535.15 963,070.07 (30,465.08) 1,794.44 1.26 037833EB2 APPLE INC 0.7% 08FEB2026 (CALLABLE 08JAN26) 0.700 02/08/2026 1,200,000.00 1,096, 152.00 1,112,112.67 1,081,901.88 (30,210.79) 1,213.33 1.39 01/08/2026 06051GFX2 BANK OF AMERICA CORP 3.5% 19APR2026 3.500 04/19/2026 1,800,000.00 1,736,028.00 1,743,197.81 1,699,396.00 (43,801.81) 28,175.00 2.20 ... M .... 0 M ... 8 December 5, 2023, Item #6SECURITIES HELD CITY OF POWAY As of September 30, 2023 Cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % Call date shares gain accrued Port (loss) interest cost Corporate Bonds 02665WBH3 AMERICAN HONDA FINANCE 2.3% 095EP2026 2.300 09/09/2026 1,100,000.00 1,034,869.00 1,044,150.83 1,007,104.93 (37,045.90) 1,475.83 1.31 037833DB3 APPLE INC 2.9% 12SEP2027 (CALLABLE 12JUN27) 2. 900 09/12/2027 1,300,000.00 1,234,987.00 1,245,101.85 1,200,433.34 (44,668.51) 1,885.00 1.57 06/12/2027 24422EWK1 JOHN DEERE CAPITAL CORP 4.15% 15SEP2027 4.150 09/15/2027 1,000,000.00 992,020.00 993,259.34 963,673.49 (29,585.85) 1,729.17 1.26 89236TKQ7 TOYOTA MOTOR CREDIT CORP 4.625% 1 2JAN2028 4.625 01/12/2028 1,100,000.00 1,091,585.00 1,092,555.40 1,074,402.19 (18,153.21) 11,022.92 1.39 194162AR4 COLGATE-PALMOLIVE CO 4.6% 01 MAR2028 (CALLABLE 4.600 03/01/2028 2,400,000.00 2,391,240.00 2,392,261.43 2,373,068.16 (19,193.27) 8,893.33 3.04 01 FEB28) 02/01/2028 iotal Corporate Bonds 22,300,000.00 22,519,748.00 22,035,542.37 21,547,102.98 (488,439.39) 146,692.04 28.58 • --Government Agencies 3133EKVB9 FEDERAL FARM CREDIT BANK 1.86% 170CT2023 1.860 10/17/2023 2,000,000.00 1,997,646.00 1,999,973.83 1,997,023.76 (2,950.07) 16,843.33 2.54 3133EJ2B4 FEDERAL FARM CREDIT BANK 3% 06DEC2023 3.000 12/06/2023 1,000,000.00 1,071,740.00 1,004,896.42 995,517.72 (9,378.70) 9,500.00 1.36 3130A3VC5 FEDERAL HOME LOAN BANK 2.25% 08DEC2023 2.250 12/08/2023 1,000,000.00 1,014,600.00 1,000,632.36 993,062.22 (7,570.14) 7,000.00 1.29 3135GOV34 FANNIE MAE 2.5% 05FEB2024 2.500 02/05/2024 1,750,000.00 1,820,547.50 1,757,745.22 1,731,672.20 (26,073.02) 6,684.03 2.31 3133EMRZ7 FEDERAL FARM CREDIT BANK 0.25% 26FEB2024 0.250 02/26/2024 1,250,000.00 1,246,747.50 1,249,510.45 1,224,307.08 (25,203.37) 295.14 1.58 3133EMBE1 FEDERAL FARM CREDIT BANK 0.3% 28MAR2024 0.300 03/28/2024 2,000,000.00 1,998,500.00 1,999,787.76 1,949,597.10 (50, 190.66) 33.33 2.54 (CALLABLE 060CT23) ... M .,_ 0 '<:I' ... 9 December 5, 2023, Item #6SECURITIES HELD CITY OF POWAY As of September 30, 2023 Cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % Call date shares gain accrued Port (loss) interest cost Government Agencies 3135GOV75 FANNIE MAE 1.75% 02JUL2024 1.750 07/02/2024 2,000,000.00 2,007,920.00 2,001,248.83 1,944,723.96 (56,524.87) 8,555.56 2.55 3130AL2A1 FEDERAL HOME LOAN BANK 0.5% 1 OFEB2025 0.500 02/10/2025 1,000,000.00 1,002,860.00 1,000,000.00 934,119.44 (65,880.56) 694.44 1.27 (CALLABLE 1 ONOV23) 11/10/2023 3134A2HG6 FREDDIE MAC 0% 11 DEC2025 0.000 12/11/2025 1,000,000.00 895,930.00 907,525.45 889,228.56 (18,296.89) 0.00 1.14 3130ALHHO FEDERAL HOME LOAN BANK 0.96% 05MAR2026 0.960 03/05/2026 2,300,000.00 2,092,540.00 2,117,743.47 2,077,984.68 (39,758.79) 1,533.33 2.66 (CALLABLE 05NOV23) 10/05/2023 3130AWLZ1 FEDERAL HOME LOAN BANK 4.75% 12JUN2026 4.750 06/12/2026 1,100,000.00 1,096,612.00 1,096,696.95 1,094,425.01 (2,271.94) 11,611.11 1.39 3130APJH9 FEDERAL HOME LOAN BANK 1 % 280CT2026 (CALLABLE 1.000 10/28/2026 2,050,000.00 1,860,110.55 1,895,523.12 1,848,138.28 (47,384.84) 8,655.56 2.36 280CT23) #0006 10/28/2023 3130AQF65 FEDERAL HOME LOAN BANK 1.25% 21 DEC2026 1 .250 l 2/21/2026 2,300,000.00 2,055,763.00 2,106,179.66 2,053,800.46 (52,379.20) 7,906.25 2.61 3130ATHWO FEDERAL HOME LOAN BANK 4.125% 1 OSEP2027 4.125 09/10/2027 2,000,000.00 1,993,260.00 1,994,592.77 1,958,669.32 (35,923.45) 4,583.33 2.53 3133EPCG8 FEDERAL FARM CREDIT BANK 4.125% 01 DEC2027 4.125 12/01/2027 1,000,000.00 989,640.00 990,879.55 974,497.90 (16,381.65) 13,635.42 1.26 3130ATUS4 FEDERAL HOME LOAN BANK 4.25% 1 ODEC2027 4.250 12/10/2027 2,000,000.00 2,010,731.16 2,009,334.13 1,965,067.82 (44,266.31) 25,972.22 2.55 3133EN5N6 FEDERAL FARM CREDIT BANK 4% 06JAN2028 4.000 01/06/2028 1,100,000.00 1,105,292.88 1,104,590.55 1,066,445.15 (38,145.40) 10,266.67 1.40 Total Government Agencies 26,850,000.00 26,260,440.59 26,236,860.52 • 25,698,280.66 (538,579.86) 133,769.72 33.33 .... M .,_ 0 i.n .... 10 December 5, 2023, Item #6SECURITIES HELD CITY OF POWAY As of September 30, 2023 Cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % Call date shares gain accrued Port (loss) interest cost Government Bonds 91282CDA6 USA TREASURY 0.25% 305EP2023 0.250 09/30/2023 1,500,000.00 1,485,761.72 1,500,000.00 1,500,000.00 0.00 1,875.00 1.89 912828T91 USA TREASURY 1.625% 31 OCT2023 1.625 10/31/2023 1,600,000.00 1,640,630.36 1,601,683.88 1,595,253.65 (6,430.23) 10,809.78 2.08 912828U57 USA TREASURY 2.125% 30NOV2023 2.125 11/30/2023 1,900,000.00 1,925,679.69 1,900,982.11 1,889,628.53 (11,353.58) 13,458.33 2.44 9128285P1 USA TREASURY 2.875% 30NOV2023 2.875 11/30/2023 1,100,000.00 1,151,566.19 1,104,303.06 1,095,377.48 (8,925.58) 10,541.67 1.46 91282CBEO USA TREASURY 0.125% 15JAN2024 0.125 01/15/2024 1,900,000.00 1,890,283.71 1,898,750.43 1,871,574.21 (27,176.22) 496.94 2.40 912828X70 USA TREASURY 2% 30APR2024 2.000 04/30/2024 2,000,000.00 2,036,015.63 2,004,574.44 1,960,625.00 (43,949.44) 16,630.44 2.58 912828YH7 USA TREASURY 1.5% 30SEP2024 1.500 09/3012024 1,000,000.00 1,032,304.69 1,010,317.20 962,031.25 (48,285.95) 7,500.00 1.31 912828YM6 USA TREASURY 1.5% 31 OCT2024 1.500 10/3112024 1,100,000.00 1,132,015.40 1,111,267.83 1,054,968.75 (56,299.08) 6,860.05 1.44 912828YYO USA TREASURY 1.75% 31 DEC2024 1.750 12/3112024 1,000,000.00 1,046,643.98 1,016,420.40 956,796.88 (59,623.52) 4,375.00 1.33 912828ZL7 USA TREASURY 0.375% 30APR2025 0.375 04/3012025 2,900,000.00 2,704,703.13 2,799,122.80 2,688,503.90 (110,618.90) 4,521.40 3.43 912828XZ8 USA TREASURY 2.75% 30JUN2025 2.750 06/30/2025 1,500,000.00 1,445,449.22 1,453,273.53 1,440,234.38 (13,039.15) 10,312.50 1.83 91282CAJO USA TREASURY 0.25% 31 AUG2025 0.250 08/31/2025 1,400,000.00 1,279,250.00 1,327,342.70 1,277,445.32 (49,897.38) 288.46 1.62 ... M .... 0 \0 ... -·-·------··-··-------·----~-----· -·· ·----------·---------------11 December 5, 2023, Item #6SECURITIES HELD As of September 30, 2023 Cusip Description Coupon Maturity/ Par value or Historical cost Call date shares Government Bonds 91282CAT8 USA TREASURY 0.25% 31 OCT2025 0.250 10/31/2025 1,200,000.00 1,086,046.88 91282CBC4 USA TREASURY 0.375% 31 DEC2025 0.375 12/31/2025 2,300,000.00 2,106, 124.89 91282CBT7 USA TREASURY 0. 75% 31 MAR2026 0.750 03/31/2026 1,400,000.00 1,243,707.82 91282CDQ1 USA TREASURY 1.25% 31 DEC2026 1 .250 1 2/31/2026 2,350,000.00 2,088,287.11 91282CFUO USA TREASURY 4.125% 31 OCT2027 4.125 10/31/2027 2,100,000.00 2,077,858.60 9128283F5 USA TREASURY 2.25% 15NOV2027 2.250 11/15/2027 1,100,000.00 1,030,523.22 91282CCH2 USA TREASURY 1.25% 30JUN2028 1.250 06/30/2028 1,700,000.00 1,473,488.28 Total Government Bonds 31,050,000.00 29,876,340.52 Amortized cost Fair value Unrealized gain (loss) 1,125,080.00 1,088,109.37 (36,970.63) 2, 172,045.54 2,079,253.91 (92,791.63) 1,288,519.72 1,266,015.63 (22,504.09) 2,146,254.97 2,105,085.94 (41,169.03) 2,078,323.51 2,055,292.97 (23,030.54) 1,041,767.79 1,000,398.43 (41,369.36) 1,481,667.87 1,455,757.80 (25,910.07) 30,061,697.78 29,342,353.40 (719,344.38) CITY OF POWAY Total % accrued Port interest cost 1,247.28 1.38 2,156.25 2.67 5,250.00 1.58 7,343.75 2.65 36,015.29 2.64 9,281.25 1.31 5,312.50 1.87 154,275.89 37.92 .... M .... 0 ,.... .... 12 December 5, 2023, Item #6GASB 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE CITY OF POWAY As of September 30, 2023 Cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective date rating rating shares cost hist cost value mkt value dur (yrs) United States Treasury Note/Bond 91282CDA6 USA TREASURY 0.25% 0.250 09/30/2023 AA+ Aaa 1,500,000.00 1,485,761.72 1.89 1,500,000.00 1.96 0.01 912828T91 USA TREASURY 1.625% 1.625 10/31/2023 AA+ Aaa 1,600,000.00 1,640,630.36 2.08 1,595,253.65 2.08 0.09 912828U57 USA TREASURY 2.125% 2.125 11/30/2023 AA+ Aaa 1,900,000.00 1,925,679.69 2.44 1,889,628.53 2.46 0.17 9128285P1 USA TREASURY 2.875% 2.875 11/30/2023 AA+ Aaa 1,100,000.00 1,151,566.19 1.46 1,095,377.48 1.43 0.17 91282CBEO USA TREASURY 0.125% 0.125 01/15/2024 AA+ Aaa 1,900,000.00 1,890,283.71 2.40 1,871,574.21 2.44 0.29 912828X70 USA TREASURY 2% 2.000 04/30/2024 AA+ Aaa 2,000,000.00 2,036,015.63 2.58 1,960,625.00 2.56 0.57 912828YH7 USA TREASURY 1.5% 1.500 09/30/2024 AA+ Aaa 1,000,000.00 1,032,304.69 1.31 962,031.25 1.25 0.97 912828YM6 USA TREASURY 1.5% 1.500 10/31/2024 AA+ Aaa 1,100,000.00 1,132,015.40 1.44 1,054,968.75 1.38 1.04 912828YYO USA TREASURY 1.75% 1.750 12/31/2024 AA+ Aaa 1,000,000.00 1,046,643.98 1.33 956,796.88 1.25 1.21 912828ZL7 USA TREASURY 0.375% 0.375 04/30/2025 AA+ Aaa 2,900,000.00 2,704,703.13 3.43 2,688,503.90 3.50 1.53 912828XZ8 USA TREASURY 2.75% 2.750 06/30/2025 AA+ Aaa 1,500,000.00 1,445,449.22 1.83 1,440,234.38 1.88 1.66 91282CAJO USA TREASURY 0.25% 0.250 08/31/2025 AA+ Aaa 1,400,000.00 1,279,250.00 1.62 1,277,445.32 1.67 1.86 91282CAT8 USA TREASURY 0.25% 0.250 10/31/2025 AA+ Aaa 1,200,000.00 1,086,046.88 1.38 1,088,109.37 1.42 2.02 91282CBC4 USA TREASURY 0.375% 0.375 12/31/2025 AA+ Aaa 2,300,000.00 2,106, 124.89 2.67 2,079,253.91 2.71 2.18 91282CBT7 USA TREASURY 0.75% 0.750 03/31/2026 AA+ Aaa 1,400,000.00 1,243,707.82 1.58 1,266,015.63 1.65 2.41 91282CDQ1 USA TREASURY 1.25% 1.250 12/31/2026 AA+ Aaa 2,350,000.00 2,088,287.11 2.65 2,105,085.94 2.74 3.09 91282CFUO USA TREASURY 4.125% 4.125 10/31/2027 AA+ Aaa 2,100,000.00 2,077,858.60 2.64 2,055,292.97 2.68 3.63 9128283F5 USA TREASURY 2.25% 2.250 11/15/2027 AA+ Aaa 1,100,000.00 1,030,523.22 1.31 1,000,398.43 1.30 3.81 91282CCH2 USA TREASURY 1.25% 1.250 06/30/2028 AA+ Aaa 1,700,000.00 1,473,488.28 1.87 1,455,757.80 1.90 4.47 Issuer total 31,050,000.00 29,876,340.52 37.92 29,342,353.40 38.25 1.64 Federal Home Loan Banks 3130A3VC5 FEDERAL HOME LOAN 2.250 12/08/2023 AA+ Aaa 1,000,000.00 1,014,600.00 1.29 993,062.22 1.29 0.19 3130AL2A1 FEDERAL HOME LOAN 0.500 02/10/2025 11/10/2023 AA+ Aaa 1,000,000.00 1,002,860.00 1.27 934,119.44 1.22 1.33 3130ALHHO FEDERAL HOME LOAN 0.960 03/05/2026 10/05/2023 AA+ Aaa 2,300,000.00 2,092,540.00 2.66 2,077,984.68 2.71 2.27 M .... 0 00 ... 13 December 5, 2023, Item #6GASB 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE CITY OF POWAY As of September 30, 2023 Cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective date rating rating shares cost hist cost value mkt value dur (yrs) Federal Home Loan Banks 3130AWLZ1 FEDERAL HOME LOAN 4.750 06/12/2026 AA+ Aaa 1,100,000.00 1,096,612.00 1.39 1,094,425.01 1.43 2.47 3130APJH9 FEDERAL HOME LOAN 1.000 10/28/2026 10/28/2023 AA+ Aaa 2,050,000.00 1,860,110.55 2.36 1,848,138.28 2.41 2.94 3130AQF65 FEDERAL HOME LOAN 1.250 12/21/2026 AA+ Aaa 2,300,000.00 2,055,763.00 2.61 2,053,800.46 2.68 3.06 3130ATHWO FEDERAL HOME LOAN 4.125 09/10/2027 AA+ Aaa 2,000,000.00 1,993,260.00 2.53 1,958,669.32 2.55 3.57 3130ATU54 FEDERAL HOME LOAN 4.250 12/10/2027 AA+ Aaa 2,000,000.00 2,010,731.16 2.55 1,965,067.82 2.56 3.72 Issuer total 13,750,000.00 13,126,476.71 16.66 12,925,267.23 16.85 2.69 Federal Farm Credit Banks Funding Corp 3133EKVB9 FEDERAL FARM CREDIT 1.860 10/17/2023 AA+ Aaa 2,000,000.00 1,997,646.00 2.54 1,997,023.76 2.60 0.05 3133EJ284 FEDERAL FARM CREDIT 3.000 12/06/2023 AA+ Aaa 1,000,000.00 1,071,740.00 1.36 995,517.72 1.30 0.18 3133EMRZ7 FEDERAL FARM CREDIT 0.250 02/26/2024 AA+ Aaa 1,250,000.00 1,246,747.50 1.58 1,224,307.08 1.60 0.40 3133EMBE1 FEDERAL FARM CREDIT 0.300 03/28/2024 AA+ Aaa 2,000,000.00 1,998,500.00 2.54 1,949,597.10 2.54 0.48 3133EPCG8 FEDERAL FARM CREDIT 4.125 12/01/2027 AA+ Aaa 1,000,000.00 989,640.00 1.26 974,497.90 1.27 3.72 3133EN5N6 FEDERAL FARM CREDIT 4.000 01/06/2028 AA+ Aaa 1,100,000.00 1,105,292.88 1.40 1,066,445.15 1.39 3.81 Issuer total 8,350,000.00 8,409,566.38 10.67 8,207,388.71 10.70 1.15 Federal National Mortgage Association 3135GOV34 FANNIE MAE 2.5% 2.500 02/05/2024 AA+ Aaa 1,750,000.00 1,820,547.50 2.31 1,731,672.20 2.26 0.35 3135GOV75 FANNIE MAE 1.75% 1.750 07/02/2024 AA+ Aaa 2,000,000.00 2,007,920.00 2.55 1,944,723.96 2.54 0.73 Issuer total 3,750,000.00 3,828,467.50 4.86 3,676,396.16 4.79 0.55 Colgate-Palmolive Co 194162AR4 COLGATE-PALMOLIVE CO 4.600 03/01/2028 02/01/2028 AA-Aa3 2,400,000.00 2,391,240.00 3.04 2,373,068.16 3.09 3.88 Issuer total 2,400,000.00 2,391,240.00 3.04 2,373,068.16 3.09 3.88 Apple Inc ... 037833EB2 APPLE INC 0.7% 0.700 02/08/2026 01/08/2026 AA+ Aaa M 1,200,000.00 1,096, 152.00 1.39 1,081,901.88 1.41 2.27 'c5 O'I ... 14 December 5, 2023, Item #6GASB 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE CITY OF POWAY As of September 30, 2023 Cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective date rating rating shares cost hist cost value mkt value dur (yrs) Apple Inc 037833D63 APPLE INC 2.9% 2.900 09/12/2027 06/12/2027 AA+ Aaa 1,300,000.00 1,234,987.00 1.57 1,200,433.34 1.56 3.58 Issuer total 2,500,000.00 2,331,139.00 2.96 2,282,335.22 2.98 2.96 International Business Machines Corp 459200JY8 IBM CORP 3% 3.000 05/15/2024 A-A3 2,300,000.00 2,463,231.00 3.13 2,260,902.60 2.95 0.60 Issuer total 2,300,000.00 2,463,231.00 3.13 2,260,902.60 2.95 0.60 JPMorgan Chase & Co 46647PAY2 JPMORGAN CHASE & CO 4.023 12/05/2024 12/05/2023 A-A1 2,000,000.00 2,207,640.00 2.80 1,991,118.72 2.60 0.18 Issuer total 2,000,000.00 2,207,640.00 2.80 1,991,118.72 2.60 0.18 American Honda Finance Corp 02665WCZ2 AMERICAN HONDA 2.400 06/27/2024 A-A3 1,000,000.00 1,012,410.00 1.29 975,225.39 1.27 0.72 02665WBH3 AMERICAN HONDA 2.300 09/09/2026 A-A3 1, 100,000.00 1,034,869.00 1.31 1,007,104.93 1.31 2.76 Issuer total 2,100,000.00 2,047,279.00 2.60 1,982,330.32 2.58 1.75 John Deere Capital Corp 24422ETC3 JOHN DEERE CAPITAL 3.400 09/11/2025 A A2 1,000,000.00 989,920.00 1.26 963,070.07 1.26 1.84 24422EWK1 JOHN DEERE CAPITAL 4.150 09/15/2027 A A2 1,000,000.00 992,020.00 1.26 963,673.49 1.26 3.57 Issuer total 2,000,000.00 1,981,940.00 2.52 1,926,743.56 2.51 2.71 us Bancorp 91159HHVS US BANCORP 3.375% 3.375 02/05/2024 01/05/2024 A A3 1,900,000.00 1,999,636.00 2.54 1,881,853.48 2.45 0.35 Issuer total 1,900,000.00 1,999,636.00 2.54 1,881,853.48 2.45 0.35 Bank of America Corp 06051 GFX2 BANK OF AMERICA CORP 3.500 04/19/2026 A-A1 1,800,000.00 1,736,028.00 2.20 1,699,396.00 2.22 2.34 ,-M Issuer total 1,800,000.00 1,736,028.00 2.20 1,699,396.00 2.22 2.34 'c; 0 N 15 December 5, 2023, Item #6GASB 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE As of September 30, 2023 Cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio date rating rating shares cost hist cost Chevron Corp 166764BW9 CHEVRON CORP 1.554% 1.554 05/11/2025 04/11/2025 AA-Aa2 1,800,000.00 1,715,436.00 2.18 Issuer total 1,800,000.00 1,715,436.00 2.18 Citibank NA 17325FAS7 CITIBANK NA 3.65% 3.650 01/23/2024 12/23/2023 A+ Aa3 1,400,000.00 1,484,224.00 1.88 Issuer total 1,400,000.00 1 ,484,224.00 1.88 Toyota Motor Credit Corp 89236TKQ7 TOYOTA MOTOR CREDIT 4.625 01/12/2028 A+ A1 1,100,000.00 1,091,585.00 1.39 Issuer total 1,100,000.00 1,091,585.00 1.39 Cisco Systems Inc 17275RAN2 CISCO SYSTEMS INC 3.625 03/04/2024 AA-A1 1,000,000.00 1,070,370.00 1.36 Issuer total 1,000,000.00 1,070,370.00 1.36 Federal Home Loan Mortgage Corp 3134A2HG6 FREDDIE MAC 0% 0.000 12/11/2025 AA+ Aaa 1,000,000.00 895,930.00 1.14 Issuer total 1,000,000.00 895,930.00 1.14 Cash and Cash Equivalents CASH 0.000 127,179.39 127,179.39 0.00 Issuer total 127,179.39 127,179.39 0.00 Market % Portfolio value mkt value 1,693,558.98 2.21 1,693,558.98 2.21 1,390,371.30 1.81 1,390,371.30 1.81 1,074,402.19 1.40 1,074,402.19 1.40 991,022.45 1.29 991,022.45 1.29 889,228.56 1.16 889,228.56 1.16 127,179.39 0.17 127,179.39 0.17 CITY OF POWAY Effective dur (yrs) 1.54 1.54 0.31 0.31 3.77 3.77 0.42 0.42 2.13 2.13 0.00 0.00 .... M .,_ 0 .... N 16 December 5, 2023, Item #6SECURITIES PURCHASED For the period September 1, 2023 -September 30, 2023 Cusip Description / Broker Trade date Coupon Maturity/ Settle date Call date Gov'ernment Agencies 3130AWL21 FEDERAL HOME LOAN BANK 4.75% 09/06/2023 4.750 06/12/2026 WELLS FARGO SECURITIES, LLC 09/12/2023 ---~ Total Government Agencies Par value or Unit cost Principal shares cost 1,100,000.00 99.69 (1,096,612.00) 1,100,000.00 (1,096,612.00) CITY OF POWAY Accrued interest (8,998.61) (8,998.61) ~ I ... M .,_ 0 N N 17 December 5, 2023, Item #6SECURITIES SOLD AND MATURED For the period September 1, 2023 -September 30, 2023 Cusip Description / Broker Trade date Coupon Maturity/ Par value or Historical cost Settle date Call date shares Government Agencies 3135GOU43 FNMA TRANCHE 2.875% 09-12-2023 09/12/2023 2.875 (1,000,000.00) 1,039,050.00 09/12/2023 Total (Government Agencies) (1,000,000.00) 1,039,050.00 Amortized cost Price Fair value at at sale or sale or maturity maturity 1,000,000.00 0.00 1,000,000.00 1,000,000.00 1,000,000.00 CITY OF POWAY Realized gain (loss) 0.00 0.00 Accrued interest sold 0.00 0.00 ... M .... 0 M N 18 December 5, 2023, Item #6DETAIL OF RETURN AND INTEREST RECEIVED CITY OF POWAY For the period September 1, 2023 -September 30, 2023 Cusip Description Accretion Realized gain Change in fair Interest earned Interest received (amortization) (loss) value Cash Cash and Cash Equivalents 0.00 0.00 0.00 419.35 419.35 Total Cash 0.00 0.00 0.00 419.35 419.35 ------~~ Corporate Bonds 02665WBH3 AMERICAN HONDA FINANCE 2.3% 09SEP2026 1,582.13 0.00 (3,762.57) 2,038.05 12,650.00 02665WCZ2 AMERICAN HONDA FINANCE 2.4% 27JUN2024 (227.43) 0.00 1,852.75 1,933.33 0.00 037833EB2 APPLE INC 0.7% 08FEB2026 (CALLABLE 08JAN26) 3,109.22 0.00 (4,416.64) 676.66 0.00 037833DB3 APPLE INC 2.9% 12SEP2027 (CALLABLE 12JUN27) 1,158.19 0.00 (16,301.97) 3,036.94 18,850.00 06051GFX2 BANK OF AMERICA CORP 3.5% 19APR2026 1,854.26 0.00 (12,408.99) 5,075.00 0.00 166764BW9 CHEVRON CORP 1.554% 11MAY2025 (CALLABLE 11APR25) 2,344.66 0.00 359.14 2,253.30 0.00 17275RAN2 CISCO SYSTEMS INC 3.625% 04MAR2024 (1,411.16) 0.00 855.78 2,920.14 18,125.00 17325FAS7 CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23) (1,773.14) 0.00 1,191.31 4,116.39 0.00 194162AR4 COLGATE-PALMOLIVE CO 4.6% 01 MAR2028 (CALLABLE 01 FEB28) 145.92 0.00 (34,935.89) 8,893.33 55,200.00 459200JY8 IBM CORP 3% 15MAY2024 (4,325.91) 0.00 3,112.77 5,558.33 0.00 24422ETC3 JOHN DEERE CAPITAL CORP 3.4% 11 SEP2025 276.67 0.00 (2,823.05) 2,738.88 17,000.00 24422EWK1 JOHN DEERE CAPITAL CORP 4.15% 155EP2027 141.91 0.00 (12,429.30) 3,343.06 20,750.00 46647PAY2 JPMORGAN CHASE & CO 4.023% 05DEC2024 (CALLABLE 05DEC23) (5,541.99) 0.00 1,547.82 6,481.50 0.00 89236TKQ7 TOYOTA MOTOR CREDIT CORP 4.625% 12JAN2028 144.83 0.00 (14,011.47) 4,098.27 0.00 91159HHV5 US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) (1,942.22) 0.00 250.74 5,165.63 0.00 -Total Corporate Bonds (4,464.06) 0.00 (91,919.57) 58,328.81 142,575.00 ~ M .... 0 '<:I' N ·--·---~· ➔---·-··-· ----·--19 December 5, 2023, Item #6DETAIL OF RETURN AND INTEREST RECEIVED CITY OF POWAY For the period September 1, 2023 -September 30, 2023 Cusip Description Accretion Realized gain Change in fair Interest earned Interest received (amortization) (loss) value Government Agencies 3135GOV75 FANNIE MAE 1.75% 02JUL2024 (137.74) 0.00 5,798.26 2,819.45 0.00 3135GOV34 FANNIE MAE 2.5% 05FEB2024 (1,858.86) 0.00 3,378.97 3,524.31 0.00 3133EMRZ7 FEDERAL FARM CREDIT BANK 0.25% 26FEB2024 100.59 0.00 5,150.84 251.74 0.00 3133EMBE1 FEDERAL FARM CREDIT BANK 0.3% 28MAR2024 (CALLABLE 060CT23) 35.77 0.00 8,240.84 483.33 3,000.00 3133EKVB9 FEDERAL FARM CREDIT BANK 1.86% 170CT2023 46.19 0.00 6,127.22 2,996.66 0.00 3133EJ2B4 FEDERAL FARM CREDIT BANK 3% 06DEC2023 (2,299.84) 0.00 2,404.13 2,416.67 0.00 3133EN5N6 FEDERAL FARM CREDIT BANK 4% 06JAN2028 (89.66) 0.00 (16,148.87) 3,544.45 0.00 3133EPCG8 FEDERAL FARM CREDIT BANK 4.125% 01 DEC2027 182.28 0.00 (14,669.26) 3,322.92 0.00 3130AL2A1 FEDERAL HOME LOAN BANK 0.5% 1 OFEB2025 (CALLABLE 1 ONOV23) 0.00 0.00 1,942.10 402.77 0.00 3130ALHHO FEDERAL HOME LOAN BANK 0. 96% 05MAR2026 (CALLABLE 05NOV23) 6,457.08 0.00 (7,597.91) 1,778.66 11,040.00 3130APJH9 FEDERAL HOME LOAN BANK 1 % 280CT2026 (CALLABLE 280CT23) #0006 4,182.59 0.00 (12,719 00) 1,651.39 0.00 3130AQF65 FEDERAL HOME LOAN BANK 1.25% 21 DEC2026 5,008.28 0.00 (16,305.64) 2,315.97 0.00 ·.; 3130A3VC5 FEDERAL HOME LOAN BANK 2.25% 08DEC2023 (278.98) 0.00 2,175.89 1,812.50 0.00 3130ATHWO FEDERAL HOME LOAN BANK 4.125% 1 OSEP2027 114.24 0.00 (11,687.32) 6,645.83 41,250.00 3130ATUS4 FEDERAL HOME LOAN BANK 4.25% 1 ODEC2027 (185.45) 0.00 (16,155.08) 6,847.22 0.00 3130AWLZ1 FEDERAL HOME LOAN BANK 4.75% 12JUN2026 84.95 0.00 (2,186.99) 2,612.50 0.00 3135GOU43 FNMA TRANCHE 2.875% 09-12-2023 (311.98) 0.00 786.74 878.47 14,375.00 3134A2HG6 FREDDIE MAC 0% 11 DEC2025 3,281.73 0.00 (4,834.58) 0.00 0.00 -n·-----Total Government Agencies 14,331.19 0.00 (66,299.66) 44,304.84 69,665.00 ... M .... 0 Lil N 20 December 5, 2023, Item #6DETAIL OF RETURN AND INTEREST RECEIVED For the period September 1, 2023 -September 30, 2023 Cusip Description Accretion (amortization) Government Bonds 91282CBEO USA TREASURY 0.125% 15JAN2024 350.35 91282CDA6 USA TREASURY 0.25% 30SEP2023 680.17 91282CAJO USA TREASURY 0.25% 31 AUG2025 3,109.44 91282CAT8 USA TREASURY 0.25% 31 OCT2025 2,949.60 912828ZL7 USA TREASURY 0.375% 30APR2025 5,235.84 91282CBC4 USA TREASURY 0.375% 31 DEC2025 4,664.20 91282CBT7 USA TREASURY 0. 75% 31 MAR2026 3,663.10 91282CCH2 USA TREASURY 1.25% 30JUN2028 3,775.20 91282CDQ1 USA TREASURY 1.25% 31 DEC2026 5,145.07 912828YH7 USA TREASURY 1.5% 305EP2024 (845.68) 912828YM6 USA TREASURY 1.5% 31 OCT2024 (851.47) 912828T91 USA TREASURY 1.625% 31 OCT2023 (1,629.56) 912828YYO USA TREASURY 1.75% 31 DEC2024 (1,075.57) 912828X70 USA TREASURY 2% 30APR2024 (644.28) 912828U57 USA TREASURY 2.125% 30NOV2023 (483.00) 9128283F5 USA TREASURY 2.25% 15NOV2027 1,159.23 912828XZ8 USA TREASURY 2.75% 30JUN2025 2,193.73 9128285P1 USA TREASURY 2.875% 30NOV2023 (2,116.26) Realized gain Change in fair (loss) value 0.00 7,941.39 0.00 6,141.06 0.00 (820.31 I 0.00 (1,312.50) 0.00 1,132.80 0.00 (4,761.72) 0.00 (4,593.74) 0.00 (21,250.00) 0.00 (14,320.31 I 0.00 1,875.00 0.00 1,417.97 0.00 5,191.15 0.00 781.26 0.00 4,765.62 0.00 5,066.03 0.00 (11,128.91 I 0.00 (2,812.50) 0.00 2,338.41 Interest earned 193.61 307.38 288.46 244.56 886.55 703.12 860.66 1,732.34 2,394.70 1,229.51 1,345.10 2,119.56 1,426.63 3,260.87 3,309.42 2,017.66 3,362.77 2,592.22 CITY OF POWAY Interest received 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 .... M .... 0 \l) N 21 December 5, 2023, Item #6DETAIL OF RETURN AND INTEREST RECEIVED Fqr the period September 1, 2023 -September 30, 2023 Cusip Description Government Bonds 91282CFUO USA TREASURY 4.125% 31 OCT2027 Total Government Bonds Accretion (amortization) 435.85 25,715.96 Realized gain (loss) 0.00 0.00 tJ[IIt: CITY OF POWAY Change in fair Interest earned Interest received value (25,101.56) (49,450.86) 7,061.82 35,336.94 0.00 0.00 ... rr, .... 0 " N 22 December 5, 2023, Item #6TRANSACTION REPORT FGr the period September 1, 2023 -September 30, 2023 Trade date Cusip Transaction Sec type Description Maturity Settle date 09/01/2023 194162AR4 Income Corporate Bonds COLGATE-PALMOLIVE CO 4.6% 03/01/2028 09/01/2023 09/04/2023 17275RAN2 Income Corporate Bonds CISCO SYSTEMS INC 3.625% 03/04/2024 09/04/2023 09/05/2023 3130ALHHO Income Government Agencies FEDERAL HOME LOAN BANK 03/05/2026 09/05/2023 09/06/2023 3130AWLZ1 Bought Government Agencies FEDERAL HOME LOAN BANK 06/12/2026 09/12/2023 09/09/2023 02665WBH3 Income Corporate Bonds AMERICAN HONDA FINANCE 09/09/2026 09/11/2023 09/10/2023 3130ATHWO Income Government Agencies FEDERAL HOME LOAN BANK 09/10/2027 09/10/2023 09/11/2023 24422ETC3 Income Corporate Bonds JOHN DEERE CAPITAL CORP 09/11/2025 09/11/2023 09/12/2023 037833DB3 Income Corporate Bonds APPLE INC 2.9% 12SEP2027 09/12/2027 09/12/2023 09/12/2023 3135GOU43 Income Government Agencies FNMA TRANCHE 2.875% 09/12/2023 09/12/2023 09!.)1'/2023 3135GOU43 Capital Change Government Agencies FNMA TRANCHE 2.875% 09/12/2023 09/12/2023 09/15/2023 24422EWK1 Income Corporate Bonds JOHN DEERE CAPITAL CORP 09/15/2027 09/15/2023 09/28/2023 3133EMBE1 Income Government Agencies FEDERAL FARM CREDIT BANK 03/28/2024 09/28/2023 09/30/2023 Income Cash and Cash Equivalents Cash ----~ -· ---·-------------·-Par value or Realized Principal shares gain(loss) 2,400,000.00 0.00 0.00 1,000,000.00 0.00 0.00 2,300,000.00 0.00 0.00 1,100,000.00 0.00 (1,096,612.00) 1,100,000.00 0.00 0.00 2,000,000.00 0.00 0.00 1,000,000.00 0.00 0.00 1,300,000.00 0.00 0.00 1,000,000.00 0.00 0.00 (1,000,000.00) 0.00 1,000,000.00 1,000,000.00 0.00 0.00 2,000,000.00 0.00 0.00 0.00 0.00 0.00 CITY OF POWAY Interest Transaction total 55,200.00 18,125.00 11,040.00 (8,998.61) 12,650.00 41,250.00 17,000.00 18,850.00 14,375.00 0.00 20,750.00 3,000.00 419.35 55,200.00 18,125.00 11,040.00 (1,105,610.61) 12,650.00 41,250.00 17,000.00 18,850.00 14,375.00 1,000,000.00 20,750.00 3,000.00 419.35 ... M .... 0 00 N 23 December 5, 2023, Item #6ADDITIONAL INFORMATION CITY OF POWAY As of September 30, 2023 Past performance is not a guide to future performance. The value of investments and any income from them will fluctuate and is not guaranteed (this may partly be due to exchange rate changes) and investors may not get back the amount invested. Transactions in foreign securities may be executed and settled in local markets. Performance comparisons will be affected by changes in interest rates. Investment returns fluctuate due to changes in market conditions. Investment involves risk, including the possible loss of principal. No assurance can be given that the performance objectives of a given strategy will be achieved. The information contained herein is for your reference only and is being provided in response to your specific request and has been obtained from sources believed to be reliable; however, no representation is made regarding its accuracy or completeness. This document must not be used for the purpose of an offer or solicitation in any jurisdiction or in any circumstances in which such offer or solicitation is unlawful or otherwise not permitted. This document should not be duplicated, amended, or forwarded to a third party without consent from Insight. This is a marketing document intended for professional clients only and should not be made available to or relied upon by retail clients Investment advisory services in North America are provided through two different SEC-registered investment advisers using the brand Insight Investment: Insight North America LLC (INA) and Insight Investment International Limited (IIIL). The North American investment advisers are associated with a broader group of global investment managers that also (individually and collectively) use the corporate brand Insight Investment and may be referred to as Insight, Insight Group or Insight Investment. INA is an investment adviser registered with the Securities and Exchange Commission (SEC), under the Investment Advisers Act of 1940, as amended. Registration with the SEC does not imply a certain level of skill or training. You may request, without charge, additional information about Insight. Moreover, specific information relating to Insights strategies, including investment advisory fees, may be obtained from INA's Form ADV Part 2A, which is available without charge upon request. Where indicated, performance numbers used in the analysis are gross returns. The performance reflects the reinvestment of all dividends and income. lNA charges management fees on all portfolios managed and these fees will reduce the returns on the portfolios. For example, assume that $30 million is invested in an account with INA, and this account achieves a 5.0% annual return compounded monthly, gross of fees, for a period of five years. At the end offive years that account would have grown to $38,500,760 before the deduction of management fees. Assuming management fees of 0.25% per year are deducted monthly from the account, the value at the end of the five year period would be $38,022,447. Actual fees for new accounts are dependent on size and subject to negotiation. INA's investment advisory fees are discussed in Part 2A of its Form ADV. Unless otherwise stated, the source of information is Insight. Any forecasts or opinions are Insight's own at the date of this document (or as otherwise specified) and may change. Material in this publication is for general information only and is not advice, investment advice, or the recommendation of any purchase or sale of any security. Insight makes no implied or expressed recommendations concerning the manner in which an account should or would be handled, as appropriate investment strategies depend upon specific investment guidelines and objectives and should not be construed to be an assurance that any particular security in a strategy will remain in any fund, account, or strategy, or that a previously held security will not be repurchased. It should not be assumed that any of the security transactions or holdings referenced herein have been or will prove to be profitable or that future investment decisions will be profitable or will equal or exceed the past investment performance of the securities listed. Please compare the information provided in this statement to the information provided in the statement received from your Custodian. For trading activity the Clearing broker will be reflected. In certain cases the Clearing broker will differ from the Executing broker. In calculating ratings distributions and weighted average portfolio quality, Insight assigns U.S Treasury and U.S agency securities a quality rating based on the methodology used within the respective benchmark index. When Moody's, S&P and Fitch rate a security, Bank of America and Merrill Lynch indexes assign a simple weighted average statistic while Barclays indexes assign the median statistic. Insight assigns all other securities the lower of Moody's and S&P ratings. Information about the indices shown here is provided to allow for comparison of the performance of the strategy to that of certain well-known and widely recognized indices. There is no representation that such index is an appropriate benchmark for such comparison. You cannot invest directly in an index and the indices represented do not take into account trading commissions and/or other brokerage or custodial costs. The volatility of the indices may be materially different from that of the strategy. In addition, the strategy's holdings may differ substantially from the securities that comprise the indices shown. The ICE BofA 3 Month UST-Bill index is an unmanaged market index of U.S. Treasury securities maturing in 90 days that assumes reinvestment of all income. The ICE BofA 6 Month UST-Bill index measures the performance of Treasury bills with time to maturity of less than 6 months. The ICE BofA 1-Year US Treasury Index is a one-security index comprised of the most recently issued 1-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 1-year note must be auctioned on or before the third business day before the last business day of the month. The ICE BofA 3-Year US Treasury Index is a one-security index comprised of the most recently issued 3-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 3-year note must be auctioned on or before the third business day before the last business day of the month. The ICE BofA 5-Year US Treasury Index is a one-security index comprised of the most recently issued 5-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 5-year note must be auctioned on or before the third business day before the last business day of the month. The ICE BofA 1-3 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than three years. The ICE BofA 1-5 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than five years. ... rt) .._ 0 °' N 24 December 5, 2023, Item #6ADDITIONAL INFORMATION As of September 30, 2023 Insight does not provide tax or legal advice to its clients and all investors are strongly urged to consult their tax and legal advisors regarding any potential strategy or investment. CITY OF POWAY Insight is a group of wholly owned subsidiaries ofThe Bank of New York Mellon Corporation. BNY Mellon is the corporate brand ofThe Bank of New York Mellon Corporation and may also be used as a generic term to reference the Corporation as a whole or its various subsidiaries generally. Products and services may be provided under various brand names and in various countries by subsidiaries, affiliates and joint ventures of The Bank of New York Mellon Corporation where authorized and regulated as required within each jurisdiction. Unless you are notified to the contrary, the products and services mentioned are not insured by the FDIC (or by any governmental entity) and are not guaranteed by or obligations ofThe Bank of New York Mellon Corporation or any of its affiliates. The Bank of New York Corporation assumes no responsibility for the accuracy or completeness of the above data and disclaims all expressed or implied warranties in connection therewith. © 2023 Insight Investment. All rights reserved. ... M .... 0 0 M 25 December 5, 2023, Item #6City of Poway Investments & Cash with Fiscal Agent; Non-Managed Investments; General, Payroll & Petty Cash September 2023 Part I Investments f:t Cash with Fiscal Agents Face Book Settlement :-v'i"";i~ r Days to I % of Total INVESTMENT DESCRIPTION i Date i Maturity i Maturity I Investment Value Value Market 11 Unrealized Value Gain(Loss) 1st Am Gov't Obligations Money Mkt Fd r 09/30/23J ~~s! ,--1 ! i 100.00%j I $488,798.69 ! I $488,798.69 $0.00 Average/Total Paying Agent or Uninvested Cash & DITs Total Investments and Cash with Fiscal Agent Non-Mana!;led Investments INVESTMENT DESCRIPTION County Pool I 1r--p 11 II I ;=. ==:J -, ----I I II Ii I r------1 ---·~-r II L Ir -II I ___ _.I f'va"ri"o-;:;~1 j 1 I. 100.00%1 I $488,798.69 I I $488,798.69 ;===~• I r ___ 1r II $488,798.69] ! $0.00 I ! $0.00 -----.. ·-·-·---:--1 r $488,798.691 -_ --·-1 ---Part II ' Settlement ~ Yield to I Days to r % of Total • Face 11 Book I I Market Unrealized I Date ; Maturity , Maturity I investment Value I Value Value Gain(Loss) ! : 09130123 I' 3.17%1! 1p 100.00%1 r s100,094_01 1 r· s100,094_01 1 i ($3,383.01il ! ' --n---· i;· I~ -··1r ---I II 1! -r 3:17%1, -N/A I ;'100...-00%1 ,-$100,094.01 ir-s100T94.01'l I -$96,711.00 p-~83mJl l , .. --------------__ --_-_ -_;:: __ ---( Average/Total Part Ill General, Payroll f:t Petty Cash f -·s~ok· ! Value l General Cash (Union Bank) ·---• ~--· --··11 $2,748,707.01 r·c-~--· -·-·-·--_-· ~--1 ' Payroll Cash (Union Bank) ,-• -, ·-------------• ---· --· -_' ---, r-sw:-oooyoJ ,----I Emergency Cash (Union Bank) ·••· -------~~---•--" m, ~., --• -1 r--$10,000.00! r I '. Grant Cash (Union Bank) ·-----·--• -· •• -· -·: -----... · • ---·----~ -----·-·1 i $0.00 j I I l Flexible Benefits Cash (Union Bank) ~-. ~ • --•• ·-· --Ir -$20,000.00 I -, ---_---------:--~1 ! Petty Cash ·-·-· -• ---··---• ·------------c ---:·--~ 11 -$8,600.00 I r--·-·· 1 Total Cash ---------·--_,. -------····-·---_-·-! !·-$2,807,307.01 I I ··-· -l ! D-----------____ ,._ -• . C 1-z w ~ J: u s ... M .... 0 ... M 1 of 8December 5, 2023, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway December 5, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services ,#1 Alex Ubaldo, P.E., Principal Civil Engineer~ (858) 668-4602 or aubaldo@poway.org \[J CITY COUNCIL Submission of Right-Of-Way Certification Form for Federal-Aid Projects -Highway Safety Improvement Program Cycle 10 Project This action will approve a resolution authorizing the City Manager to sign and submit The California Department of Transportation (Caltrans) Right-Of-Way Certification form for the Highway Safety Improvement Program (HSIP) Cycle 10 Project and all future Right-Of-Way Certification forms for federally funded projects administered by Caltrans Local Assistance. Recommended Action: It is recommended the City Council approve the Resolution (Attachment A) approving the Caltrans Right-Of-Way Certification form and authorizing the City Manager to execute said form and all future Right-Of-Way Certification forms for federally funded projects administered by Caltrans Local Assistance. Discussion: In November 2020, the City applied for and received grant funding in the amount of $589,980 from the Highway Safety Improvement Program for the Poway Road Safety Improvements Project. The project will provide safety and operational improvements at various locations along Poway Road between Oak Knoll Road to Garden Road. The project will modify four existing concrete medians to restrict dangerous left turn movements from side streets into Poway Road, upgrade signal controller cabinets, install video detection systems at five traffic signal intersections, and upgrade intersection regulatory signs. The project design is now complete. The City must now submit the Right-Of-Way Certification form as part of a construction authorization request package to Caltrans to move into the construction phase. The Right-Of-Way Certification form is provided as Exhibit A to the Resolution. By submitting the Right-Of-Way Certification form, the City is certifying that no Right-Of-Way work is included in the project. Examples of Right-Of-Way work include but are not limited to the preparation of Right-Of-Way plans, utility relocations, appraisals, and payments for real property. Once the City obtains construction authorization, the project can be bid, and the award of construction contract will be brought to City Council. Construction is estimated to start in Spring of 2024. 2 of 8December 5, 2023, Item #7This resolution complies with Caltrans local assistance program requirements and allows the City to conform to federal aid project requirements. By authorizing the City Manager to approve and execute the Caltrans Right-Of-Way Certification form and future Right-Of-Way forms, the process is streamlined and prevents the potential loss of State or Federal funds due to time restrictions for executing the forms. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The City received $589,980 of grant funds from the Highway Safety Improvement Program for the Poway Road Safety Improvement Project (ST018). Caltrans has allocated $45,020 of grant funds to complete the design. To receive the remaining $544,960 of grant funds for construction, the Right-Of-Way Certification form must be submitted to Caltrans. Public Notification: None. Attachment: A. Resolution Reviewed/Approved By: Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch?fliJ City Manager December 5, 2023, Item #7RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE RIGHT-OF-WAY· CERTIFICATION FORM AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID FORM AND FUTURE RIGHT-OF-WAY CERTIFICATION FORMS FOR FEDERALLY AND STATE FUNDED PROJECTS ADMINISTERED BY CAL TRANS LOCAL ASSISTANCE WHEREAS, the City of Poway intends to apply for Federal-and State-Aid projects related to transportation, streets, and roads; WHEREAS, to be eligible for such Federal-and State-Aid projects, the Federal Highway Administration, and the California Department of Transportation require agencies to submit Right-Of-Way Certification for Local Assistance Project (Off State Highway System) to comply with federal regulations; and WHEREAS, Exhibit "A" is a Right-Of-Way Certification Form for Local Assistance Project provided by Caltrans that meets their requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council hereby approves and authorizes the City Manager to execute the Right-Of-Way Certification Form on behalf of the City of Poway. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of December, 2023 by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 3 of 8 ATTACHMENT A December 5, 2023, Item #7EXHIBIT A Local Assistance Procedures Manual EXHIBIT 13-A Short Form Right of Way Certification Local Assistance Project Exhibit 13-A: Short Form Right of Way Certification Local Assistance Project (Off-State Highway System Project) City of Poway NAME OF THE LOCAL PUBLIC AGENCY NOTE: This form is intended for projects that do NOT require R/W acquisition, relocation assistance, have NO railroad involvement, and the ONLY Utility Relocation involvement is limited to utility cover adjustments. For each item below, except Item 5, select the ONE option most suitable to your project. If the chosen option directs you to use Exhibit 13-B, please stop. This Short Form is not applicable to your project. RIGHT OF WAY CERTIFICATION No. 1 1. STATUS OF REQUIRED PROPERTY RIGHTS HSIPSL-5428(015) Project ID Various locations along Poway Road between Oak Knoll and Garden Road in the City of Poway Project Location Provide advanced dilemma zone detection, implement leading pedestrian interval (LP!), create directional median openings, and install/upgrade intersection regulatory signs. General Description [X] No acquisition of right of way is required. All proposed work is within existing right of way. D Right of way has been acquired in accordance with applicable policy and procedure covering the acquisition of real property. LPA has legal and physical possession, right to enter, and required permits. If this box is checked, please use Exhibit 13-8. 2. STATUS OF AFFECTED OPERATING RAILROAD FACILITIES IZ] None affected. D The ___________ Railroad has approved the proposed work, which is within their Right of Way but does not require the adjustment of railroad facilities. The necessary clauses will be placed in the contract special provisions. If this box is checked, please use Exhibit 13-8. D The __________ Railroad (and when needed, the Public Utilities Commission) has approved the proposed work, which is within the railroad right of way and does require the adjustment of railroad facilities. The railroad, or its contract forces, will provide the necessary labor, materials and/or equipment to adjust their facilities. The necessary clauses will be placed in the contract special provisions. If this box is checked, please use Exhibit 13-8. 3. MATERIAL SITE(S) Ix] None required. D Material site(s) required. If this box is checked, please use Exhibit 13-8. 4 of 8 Page 1 of 5 January 2021 December 5, 2023, Item #7Local Assistance Procedures Manual EXHIBIT 13-A Short Form Right of Way Certification Local Assistance Project 4. DISPOSAL SITE(S) ~ None required. D Disposal site(s) required. If this box is checked, please use Exhibit 13-8. 5. STATUS OF REQUIRED UTILITY RELOCATION (Check all that apply) ~ No relocation required, therefore Buy America requirements do not apply. Existing utilities located within project limits are shown on Project Plan. [Z] Project is not covered by NEPA document; therefore, Buy America requirements do not apply. [Z] Utility Agreements are not required on this project; therefore, Buy America requirements do not apply. D Utility involvement is limited to adjusting UTILITY COVERS (manhole cover, water valve cover, and box lids) to grade and said work is compliant with all terms and conditions under MAP-21 including Buy America requirements. If this box is checked, please complete page 5 of this form entitled "Utility Cover Adjustment Summary'' and provide a copy of the Specific Authorization if federally participating. D All utility work (other than the adjustment of utility covers) has been completed. If this box is checked, please use Exhibit 13-8. D All utility work (other than the adjustment of utility covers) will be completed by a stated date prior to award of the contract. If this box is checked, please use ~xhibit 13-8. D All necessary arrangements have been made for the completion of all remaining utility work (other than the adjustment of utility covers) required to be coordinated with project construction. Arrangements have been made with the owners of all utility encroachments which will remain within the right of way of the project so that adequate control of the right of way will be achieved. If this box is checked, please use Exhibit 13-8. D Utility facilities (other than the adjustment of utility covers) will be relocated by the Project's Contractor under bid items. If this box is checked, please use Exhibit 13-8. 6. RIGHT OF WAY CLEARANCE ~ There are no improvements or obstructions located within the limits of this project. D All right of way clearance work has been completed and there are no improvements or obstructions remaining within the right of way area required for construction. If this box is checked, please use Exhibit 13-8. D All necessary arrangements have been made for remaining right of way clearance work to be undertaken and completed as required for proper coordination with the construction schedule. If this box is checked, please use Exhibit 13-8. 5 of 8 Page 2 of 5 January 2021 December 5, 2023, Item #7Local Assistance Procedures Manual EXHIBIT 13-A Short Form Right of Way Certification Local Assistance Project 7. AIRSPACE AGREEMENTS [Zl There are no airspace lease properties within the limits of this project. 0 All necessary arrangements have been made with airspace lessee(s) and/or in Contract Provisions to minimize conflicts between lessee's activities and contractor's operations. If this box is checked, please use Exhibit 13-B. 0 Airspace lease has been cancelled. If this box is checked, please use Exhibit 13-B. 0 Other (If this box is checked, please use Exhibit 13-B) 8. COMPLIANCE WITH RELOCATION ASSISTANCE PROGRAM REQUIREMENTS Ix] Compliance was not required as there were no displacements for this project. D Occupants who have not yet moved from the right of way will be protected against unnecessary inconvenience and disproportionate injury or any action coercive in nature. If this box is checked, please use Exhibit 13-B. D LPA has complied with all the steps relative to the relocation advisory assistance and payments as required by applicable policy and procedure, and no person has been required to relocate without at least a 90 day written notice. If residential relocation was involved, all individuals and/or families have been relocated to decent, safe and sanitary housing, or the LPA has made replacement housing available to the displacees. If this box is checked, please use Exhibit 13-B. 9. COOPERATIVE AGREEMENTS ~ None Required. 0 Agency Agreement No. (If checked, please attach a copy) 10. ENVIRONMENT AL MITIGATION ~ No environmental mitigation parcels are required for this project. 0 All environmental mitigation parcels on this project have been acquired. If this box is checked, please use Exhibit 13-B. 0 Acquisition of environmental mitigation parcels is ongoing. If this box is checked, please use Exhibit 13-B. 6 of 8 Page 3 of 5 January 2021 December 5, 2023, Item #7Local Assistance Procedures Manual 11. CERTIFICATION EXHIBIT 13-A Short Form Right of Way Certification Local Assistance Project I hereby certify the right of way on this project as conforming to 23 CFR 635.309(b) and (c)(1) or (c)(2) and 49 CFR Part 24. The project may be advertised with contract award being made at any time. 12. INDEMNIFICATION BY LOCAL AGENCY This Local Public Agency agrees to indemnify, defend, and hold harmless the Department of Transportation (Caltrans) from any and all liabilities which may result in the event the right of way for this project is not clear as certified. LPA shall pay from its own non-matching funds, any costs which arise out of delays to the construction of the project because utility facilities have not been removed or relocated, or because rights of way have not been made available to LPA for the orderly performance of the project work. LOCAL PUBLIC AGENCY Project ID: HSIPSL-5428(015) Authorized Resolution No.: Dated: By: Chris Hazeltine Title: City Manager CALTRANS ACCEPTANCE The undersigned Caltrans Official has reviewed this Right of Way Certification as to form and content. Based on the review of the documents submitted, the Certificate is accepted on behalf of the local public agency. It remains the sole responsibility of the local public agency to ensure compliance with the Uniform Act. Accepted as to form and content: By: Title: Date: ________________ Date: Distribution: 1) Local agency completes this form, signs and sends it to the DLAE. 2) DLAE sends a copy to District Right of Way Local Programs Coordinator, keeps a copy for his/her files, and sends the signed original back to the local agency. Page 4 of 5 7 of 8 January 2021 December 5, 2023, Item #7Local Assistance Procedures Manual EXHIBIT 13-A Short Form Right of Way Certification Local Assistance Project UTILITY COVER ADJUSTMENT SUMMARY Items to be disclosed on this summary include: Covers of utility facilities, either publicly owned (by City/County and other public agencies, including the project sponsoring agency) or privately owned that services the general population. Utility covers of facility that directly services the street/roadway operation (such as an electric pull box, which services streetlight and traffic signals) do not require disclosure on this form. a) PHYSICAL COVER ADJUSTMENTS PERFORMED BY OWNER Notice# Utility Owner Liability% Type of Encroachment Federal & Notice Agreement Owner/LPA Facility Permit# Participation Date Date Yes (Y)* No (N) *Include copy of Specific Authorization b) UTILITY COVER ADJUSTMENTS WILL BE PERFORMED BY PROJECT CONTRACTOR Notice# Bid & Notice Utility Owner Liability% Type of Federal Item# Date Agreement Owner/LPA Facility Participation Date Yes (Y)* No (N) .. *Include copy of Spec1f1c Authorization c) FEDERAL PARTICIPATION □Yes □No □Yes □No □Yes □No 8 of 8 The adjustments comply with the 23 CFR 645.119 and the R/W Utility Relocation process in Chapter 14 of the Local Assistance Procedures Manual (LAPM) These adjustments are required as the direct result of the proposed construction activities and the local agency is legally liable to pay for the adjustment Adjustments specified for Federal participation have received FHWA Specific Authorization (Exhibit 14-C, LAPM) approval? If "no", not federally participating. Page 5 of 5 January 2021 December 5, 2023, Item #8AGENDA REPORT CityofPoway DATE: TO: FROM: CONTACT: December 5, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services {!AA, Andrea Thomas, Associate Civil Engineer (858) 668-4605 or athomas@poway.org CITY COUNCIL SUBJECT: Acceptance of the FY 2022-2023 Street Overlay Project with Hazard Construction ENGR, LLC, as Complete Summary: On April 4, 2023, the City Council extended the FY 2021-2022 Street Overlay Project contract with Hazard Construction ENGR, LLC for the FY 2022-2023 Street Overlay Project, Bid No. 22-011, in the amount of $1,034,865.00. This action will accept the project as complete. Recommended Action: It is recommended the City Council: 1) Accept the FY 2022-2023 Street Overlay project as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $51,254.56 if unencumbered, 45 days after City Council acceptance; 4) Release the Nationwide Mutual Insurance Company Bond for Material and Labor in the amount of $1,034,865.00 after the release of retention; and 5) Retain the Nationwide Mutual Insurance Company Bond for Faithful Performance for a period of one (1) year. Discussion: The scope of work included the asphalt overlay and Americans with Disabilities Act pedestrian ramp removal and replacement on four residential streets within Street Maintenance Zone 6: Monte Vista, Gateway Drive, Casa Avenida, and Corte Rayito. Arterial asphalt patch repairs were completed on Pomerado Road between Twin Peaks and the northern boundary with the City of San Diego. This work was coordinated with the annual FY 2023-24 Street Maintenance and FY 2023-24 Citywide Striping projects. There was one change order for this project totaling $9,773.74 which results in a net reduction of the contract amount. The change order included additional materials to extend the pavement life in excessively damaged areas, some additional cost to perform work on a Saturday to lessen impacts to 1 of2 December 5, 2023, Item #8residents, and a zero out change order to adjust the contract to the exact quantities used. The final contract amount is $1,025,091.26. Environmental Review: The action of acceptance of. public improvements that have been completed, which were the subject of a prior environmental determination, is not considered a Project pursuant to Section 15378(b)(5) of the CEQA Guidelines and therefore not subject to the California Environmental Quality Act. Fiscal Impact: Sufficient funds are available in the project account (ST023) for the release of retention. Public Notification: None. Attachments: None. Reviewed/ Approved By: Wendyaserman Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney Approved By: cgJg City Manager DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL December 5, 2023 Honorable Mayor and Members of the City Council Honorable Chair and Members of the Successor Agency to the Poway Redevelopment Agency Wendy Kaserman, Assistant City Manager W\.( Wendy Kaserman, Assistant City Manager (858)668-4502, wkaserman@poway.org Approval of a Purchase and Sale Agreement Between the City of Poway and Pinnacle Reality of California, LLC (Toyota of Poway) for the sale of 13655 Poway Road, Assessor Parcel Numbers 317-190-2100 and 317-190-4500 In 201 O the City had experienced the loss of some auto dealerships due to the economic downturn. In an effort to revitalize Poway Road and create space for expansion of existing businesses and new businesses, the Poway Redevelopment Agency (Agency) purchased what had been the Chrysler Jeep Property at the southeast corner of Poway Road/Midland Road (13655 Poway Rd/Assessor Parcel Numbers 317-190-2100 and 317-190-4500) and entered into a Disposition and Development Agreement (DDA) with Pinnacle Realty of California, LLC (Toyota of Poway) in which the City would lease the property the Agency purchased to Pinnacle Realty of California, LLC (Pinnacle) and Pinnacle would purchase the two adjoining parcels. This allowed Pinnacle to relocate Toyota of Poway operations and expand the business while also freeing up space on the north side of Poway Road for the future Lowes Home Improvement Warehouse. Once all of the parcels were assembled, Pinnacle invested significant capital into Toyota of Poway operations at the site. A ground lease for the Agency­ owned property was executed between the City of Poway and Pinnacle in 2012. Under the financial terms of the lease, the City would be repaid for the costs associated with acquiring the parcels and there would be an opportunity at a later date to purchase the parcels for $1 once the financials terms of the lease had been met. Pinnacle has satisfied the financial terms of the lease and on October 11, 2023, submitted a request to purchase the property from the City (Attachment A). The attached Resolution includes approval of a purchase and sale agreement for the two parcels and authorizes the City Manager to execute the agreement and related documents. Recommended Action: It is recommended the City Council/Successor Agency approve the Resolution (Attachment B) approving the Purchase and Sale Agreement between the Agency and Pinnacle Reality of California, LLC for property located at 13655 Poway Road (Assessor Parcel Numbers 317-190-2100 and 317-190- 4500) and authorize the City Manager/Executive Director to execute the agreement and any 1 of24 December 5, 2023, Item #9 necessary documents. Discussion: In 2010 the City had experienced the loss of some auto dealerships due to the economic downturn. In an effort to revitalize Poway Road and create space for expansion of existing businesses and new businesses, the Poway Redevelopment Agency (Agency) purchased what had been the Chrysler Jeep Property, 2.76 acres at the southeast corner of Poway Road/Midland Road (13655 Poway Rd/Assessor Parcel Numbers 317-190-2100 and 317-190-4500), and entered into a Disposition and Development Agreement (DDA) with Pinnacle in which the City would lease the property the Agency purchased to Pinnacle and Pinnacle would purchase the two adjoining parcels. This allowed Pinnacle to relocate Toyota of Poway operations and expand the business while also freeing up space on the north side of Poway Road for the future Lowes Home Improvement Warehouse. Once all of the parcels were assembled, Pinnacle would invest over $13M of capital into Toyota of Poway operations at the site. A ground lease for the property was executed between the City of Poway and Pinnacle in 2012. The Agency spent $3M to acquire the parcels. Per the terms of the DDA, Pinnacle is required to operate on the site for at least 12 years and generate a minimum of $3M in new net sales tax in order to repay the costs of the Agency acquiring the parcels. The lease includes an annual minimum rent payment, but as long as the new net sales tax amount exceeds the minimum annual rent, no annual rent payment is required per terms of the lease. At the end of the 12 year period, if Pinnacle satisfied the terms of the lease, they could request to purchase the property for $1. The 12 year period is up in January 2024. Pinnacle (Toyota of Poway) has more than exceeded the $3M in new net sales over the 12 year period and the new net sales tax number annually has exceeded what would have been the minimum annual rent. On October 11, 2023 the City received written notice from Toyota of Poway that they wish to exercise the option to purchase the parcels for $1 (Attachment A). Per the terms of the lease, Pinnacle is responsible for all closing costs. Per the letter, Pinnacle requested to close escrow on the property on or around February 1, 2024. The attached Resolution includes City Council/Successor Agency approval of the attached Purchase and Sale Agreement and authorization for the City Manager to execute the agreement and any related documents. Environmental Review: This item is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: There is minimum immediate fiscal impact associated with this action, however, once the sale is completed and the two parcels are privately owned, they will be subject to annual property taxes. Public Notification: None. Attachments: A. Letter from Toyota of Poway Requesting to Purchase Property at 13655 Poway Road December 5, 2023, Item #92 of 24 December 5, 2023, Item #9B. Resolution Reviewed/Approved By: Wendyserman Assistant City Manager 3 of24 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager December 5, 2023, Item #9October 11, 2023 Via Email and Certified Mail City of Poway Attn: City Manager 13325 Civic Center Dr. Poway CA 92064 WKaserman@poway.org Re: Exercise of Option to Purchase 13655 Poway Road To Whom It May Concern: Pursuant to Section 2.6 of the Ground Lease Agreement dated January 30, 2012, between The City of Poway and Pinnacle Realty of California, LLC (the "Lease"), Pinnacle Realty of California, LLC hereby provides notice of its exercise of the Option to Purchase the property commonly known as 13655 Poway Road, Poway CA 92064 (the "Property"), from The City of Poway. Pinnacle Realty of California, LLC would like to close on the Property on or about February 1, 2024. If you would prefer a different closing date, please let us know. Once we have confirmed your agreement with this exercise of option, Pinnacle Realty of California LLC is prepared to tender the $1 purchase price plus payment of all closing costs to Chicago Title as set forth in the Lease. It is our understanding that the Total Rent called for under the Lease has been fully paid. If that is not correct, please provide an accounting of what The City of Poway shows outstanding under the Lease within 30 days of this letter. We look forward to completing this transaction in full compliance with the Lease. Should you have any questions or need additional information, please do not hesitate to reach out to me. 4 of24 ATTACHMENT A RESOLUTION NO. 23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA AS SUCCESSOR AGENCY TO THE POWAY REDEVELOPMENT AGENCY APPROVING A PURCHASE AND SALE AGREEMENT OF CERTAIN REAL PROPERTY LOCATED AT 13655 POWAY ROAD TO PINNACLE REALTY OF CALIFORNIA, LLC AND AUTHORIZE THE CITY MANAGER/EXECUTIVE DIRECTOR TO EXECUTE THE AGREEMENT AND ANY NECESSARY DOCUMENTS WHEREAS, in 2010 the City of Poway had experienced a loss of auto dealerships due to the economic downturn; WHEREAS, one of the objectives of the former Poway Redevelopment Agency (Agency) was to improve the integrity of the Poway Road Corridor and Poway Road of Cars by facilitating the reuse or redevelopment of vacant automotive dealership properties; WHEREAS, on July 6, 2010, the Agency authorized the Agency Executive Director to conduct due diligence and if feasible, purchase the former Chrysler Jeep property located at 13655 Poway Road; WHEREAS, subsequent to the Agency purchasing the property, on August 17, 2010, the Agency authorized entering into a Disposition and Development Agreement (DDA) with Pinnacle Realty of California, LLC (Toyota of Poway) that required the Pinnacle to acquire the adjoining 13611 and 13631 Poway Road sites, complete significant renovations of the combined properties, and move Toyota of Poway to the newly acquired properties; WHEREAS, on January 30, 2012, the City entered into a ground lease and operating covenant with Pinnacle Realty of California, LLC (Toyota of Poway) wherein the City agreed to lease the property located at 13655 Poway Road to Pinnacle with several conditions related to the development of the property, as well as financial terms, that included the repayment of the $3M the Agency spent to acquire the property through minimum annual payments, net new sales tax or a combination thereof; WHEREAS, following compliance with all terms of the lease, the operating covenant, and the DDA, at the expiration of the twelve (12) year term of the operating covenant, January 30, 2024, Pinnacle has the option to purchase the property from the Agency for $1.00 if it delivers written notice of its intent to exercise the option for the purchase of the property at least ninety (90) days before the last day of term, and the City/Successor Agency are contractually obligated to sell the property to Pinnacle; WHEREAS, on October 11, 2023 Toyota of Poway notified the City/Successor Agency in writing of its intent to exercise the option to purchase the property for $1 at the expiration of the twelve (12) year term of the operating covenant and close escrow on or about February 1, 2024. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway for the City Successor Agency to the Poway Redevelopment Agency, as follows: December 5, 2023, Item #95 of 24 ATTACHMENT B Resolution No. 23- Page 2 Section 1: The City/Successor Agency has determined that Pinnacle Realty of California, LLC has met all development and financial terms of the DDA, ground lease, and operating covenant entered into in 2012 and 2010 respectively. Section 2: Consistent with the terms of the ground lease and operating covenant, Pinnacle Realty of California, LLC provided the required written notification to the City/Successor Agency of its intent to exercise the option to purchase the property for $1 at the expiration of the twelve (12) year term of the operating covenant. Section 3: The City/Successor Agency approves the Purchase and Sale Agreement (Agreement) attached as Exhibit A to this resolution and authorizes the City Manager/Executive Director to execute the Agreement and any necessary documents to execute the sale of the property and close escrow on our about February 1, 2024. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California for the City as Successor Agency to the Poway Redevelopment Agency on this 5th day of December 2023 by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: ______________________________ Steve Vaus, Mayor ATTEST: ____________________________________ Carrie Gallagher, CMC, City Clerk 6 of 24 December 5, 2023, Item #9 December 5, 2023, Item #9EXHIBIT A PURCHASE AND SALE AGREEMENT Location: APNs: 13655 Poway Road, Poway, California 317-190-21; 317-190-45 This AGREEMENT OF PURCHASE AND SALE ("Agreement") is made and entered into as of this_ day of December, 2023 (the "Effective Date"), by and between THE SUCCESSOR AGENCY TO THE POWAY REDEVELOPMENT AGENCY, a public body, and the CITY of POWAY, a municipal corporation (collectively, the "Seller"), and PINNACLE REAL TY OF CALIFORNIA, LLC, a California limited liability company (the "Buyer"). This Agreement constitutes an agreement by which the Seller agrees to sell to Buyer, and the Buyer agrees to purchase from the Seller, pursuant to the option set forth in Section 2.6 of that certain January 30, 2012 ground lease ("Ground Lease") between Seller and Buyer that has been exercised by Buyer, on the terms and conditions hereinafter set forth, that certain real property located in the County of San Diego, State of California, described in the "Legal Description" attached hereto as Exhibit A and shown on the "Property Map" attached hereto as Exhibit B, together with all Improvements, as hereinafter defined (collectively, the "Property"). The terms and conditions of this-Agreement are as follows: 1. Property. The Property to be acquired by Buyer from Seller under this Agreement consists of two (2) parcels totaling approximately 2.67 acres, located at 13655 Poway Road, Poway, California. Seller currently owns fee title to the Property, but Buyer currently occupies the Property as a ground lessee pursuant to the Ground Lease, whereon it developed and operates a Toyota car dealership and related facilities. Buyer owns all of the Improvements on the Property, pursuant to the Ground Lease. For the purposes of this Agreement, the term "Improvements" shall mean and include all buildings, structures, improvements, pavement, areas improved with asphalt, concrete or similar materials, utilities and fixtures and equipment installed upon or located in or on the Property owned by Seller. For purposes of this Agreement, the term "Property" shall mean and include the above-referenced parcel of land, any Improvements owned by Seller, and all singular estates, rights, privileges, easements and appurtenances owned by Seller and belonging or in any way appertaining to the Property. 2. Acquisition. a. Purchase Price. The purchase price to be paid by Buyer to Seller for the Property shall be One Dollar and 00/100 ($1.00) (the "Purchase Price"). - 1 -7 of 24 Purchase & Sale Agreement December 5, 2023, Item #9b. Purchase As-ls, Where Is. Buyer expressly acknowledges and agrees, and represents and warrants to Seller, that Buyer is purchasing the Property "AS IS, WHERE IS", and "WITH ALL FAULTS", after such inspection, analysis, examination and investigation Buyer cares to make and expressly without Seller's covenant, warranty or representation as to physical condition, title, leases, rents, revenues, income, expenses, operation, entitlements, zoning or other regulation, compliance with law, suitability for particular purposes or any other matter whatsoever. Seller has no obligation to make repairs, replacements or improvements to the Property, or to pay any fees, costs or expenses related to the Property after title passes to Buyer. Buyer acknowledges and agrees that, neither Seller nor any of Seller's agents, contractors, consultants, attorneys or representatives have made, make and specifically negate and disclaim and Buyer is not relying on any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the Property, including, but not limited to, (a) the value of the Property; (b) the income to be derived from the Property; (c) the suitability of the Property for any and all activities and uses which Buyer may conduct thereon, including the possibilities for development of the Property; (d) the habitability, marketability, merchantability, profitability or fitness for a particular purpose of the Property; (e) the manner, quality, state of repair or lack of repair of the Property; (f) the nature, quality or condition of the Property, including without limitation, soils and geology; (g) the compliance of or by the Property or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body; (h) compliance with any environmental protection, pollution or land use laws, rules, regulations, orders or requirements, including but not limited to, Title Ill of the Americans with Disabilities Act of 1990, California Health and Safety Code, the Federal Water Pollution Control Act, the Federal Resource Conservation and Recovery Act, the U.S. Environmental Protection Agency regulations at 40 CFR part 261, the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, the Resources Conservation and Recovery Act of 1976, the Clean Water Act, the Safe Drinking Water Act, the Hazardous Materials Transportation Act and the Toxic Substance Control Act, as any of the foregoing may be amended from time to time and regulations promulgated under any of the foregoing from time to time; (i) the presence or absence of hazardous materials at, on, under, or adjacent to the Property; U) the content, completeness or accuracy of the Due Diligence Materials or the Preliminary Report; (k) the conformity of the Property to past, current or future applicable zoning or building requirements; (I) deficiency of any drainage or undershoring; (m) that the Property may be located on or near earthquake faults; (n) the existence or non-existence of land use, zoning or building entitlements affecting the Property; (o) the land use status of the Property, including, but not limited to, general plan status, specific plan status, zoning status, subdivision status under the California Subdivision Map Act or the subdivision ordinances of the City or any other Entitlements; (p) the applicability of the Federal or California endangered species acts and the existence of any species protected thereunder; (q) any non-compliance of the Property or any improvements thereon with California Civil Code Sections 895, et seq.; or (r) any -2 -8 of 24 Purchase & Sale Agreement December 5, 2023, Item #9other matter. Buyer further acknowledges and agrees that, having been given the opportunity to inspect the Property and having obtained and examined such information and documentation affecting the Property as Buyer has deemed necessary or appropriate, Buyer is relying solely on its own investigations and review, and not on any information provided or to be provided by Seller. As of the date of this Agreement, Buyer acknowledges that as the party already in possession of the Property and the party that has constructed and maintained all Improvements thereon, (i) Buyer has conducted such surveys and inspections and (ii) Buyer has had adequate opportunity to make such inspection of the Property as Buyer has, in Buyer's discretion, deemed necessary or advisable as a condition precedent to Buyer's purchase of the Property and to determine the characteristics listed in this Paragraph and all other aspects of the Property. c. No Obligation to Repair. Any reports, repairs or work required by Buyer are the sole responsibility of Buyer, and Buyer agrees that there is no obligation on the part of Seller to make any changes, alterations or repairs to the Property or to cure any violations of law or to comply with the requirements of any insurer. d. Buyer's Release of Seller. Buyer, from and after the Close of Escrow, hereby waives, releases, remises, acquits and forever discharges Seller, its elected officials, directors, officers, employees, agents, successors, personal representatives and assigns, and its contractors, subcontractors,. engineers and consultants performing any work on or with respect to the Property (collectively, the "Seller Parties"), of and from any and all claims, actions, suits, legal or administrative orders or proceedings, demands, damages, loss, costs, liabilities, obligations and expenses, arising from or which concern or in any way relate to (i) the physical or environmental conditions of the Property, (ii) any other aspect of the Property, any design or construction defects relating to any work performed or to be performed by the Seller Parties on or about the Property, including, without limitation, any grading, construction of improvements or other activities upon the Property or any defects in the design or construction thereof, (iii) the soils condition on the Property or any subsidence, (iv) the valuation, ability to develop, salability or utility of the Property, or its suitability for any purpose whatsoever, or (v) ·any other conditions, actions, damage, casualty or injuries on or about the Property, whether existing or occurring prior to, at or after the Close of Escrow, including, without limitation, the matters described in Section 2(b) above. It is the intention of the parties, pursuant to this release, that any and all responsibilities and obligations of Seller, and any and all rights, claims, rights of action, causes of action, demands or legal rights of any kind of Buyer, its successors, assigns or any affiliated entity of Buyer, in any way arising out of or relating to the Property, whether existing or occurring prior to, at or after the Close of Escrow, are by this release provision waived and declared null and void and of no present or future force and effect as to the parties. e. The foregoing release includes claims of which Buyer is presently unaware or which Buyer does not presently suspect to exist which, if known by Buyer, would materially affect Buyer's release to Seller. Buyer hereby acknowledges that it has - 3 -9 of 24 Purchase & Sale Agreement December 5, 2023, Item #9read and is familiar with the provisions of California Civil Code § 1542 ("Section 1542"), which are set forth below: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Buyer hereby waives the provisions of Section 1542, and of any statute, principle of common law or case law which would limit the scope of the foregoing waiver and release, in connection with matters which are the subject of the foregoing waiver and release. Buyer's Initials f. No Merger. The provisions of this Paragraph 2 shall survive the transfer of title and shall not be deemed merged into any instrument or conveyance effectuating such transfer. 3. Payment of Purchase Price. Buyer shall deposit the Purchase Price with the Title Company, as defined herein, within ten (10) days of the Effective Date. 4. Transfer of Title. The "Close of Escrow" or "Closing" means the date on which the Grant Deed conveying title to the Property to Buyer is recorded. The Close of Escrow shall occur on or before February 1, 2024 (the "Closing Date"). On or prior to the Closing Date, (i) Seller shall deliver to Chicago Title Company ("Title Company"), for recording, the Grant Deed in the form attached hereto as Exhibit C ("Grant Deed"), duly executed by Seller, acknowledged and in recordable form, and (ii) Buyer will deliver the Purchase Price to Seller in accordance with Section 3 above. Upon Seller's receipt of the Purchase Price with Seller, Seller will authorize Chicago Title Company to record the Grant Deed. 5. Closing Costs. Buyer shall pay all closing costs and charges, as required by the Ground Lease, including not limited to (i) all of the city, county and/or other documentary transfer stamps, taxes and/or fees; (ii) all of Title Company's charges for the Owner's Policy which would be incurred for a standard CL TA form owner's policy; (iii) any charges for extended title coverage and any title endorsements requested by Buyer; and (iv) the cost of recording the Grant Deed. 6. Conditions to Transfer of Title. a. Conditions to Buyer's Obligations. Buyer's obligation to consummate the transaction contemplated by this Agreement and to deposit the Purchase Price with Seller is subject to the satisfaction of the following conditions for Buyer's benefit: - 4 -10 of 24 Purchase & Sale Agreement December 5, 2023, Item #9(1) Review and Approval of Documents and Materials. Buyer hereby acknowledges that Buyer has had an opportunity to review, at Buyer's sole cost and expense, and hereby approves of, all environmental reports, groundwater and soils inspection, conditions of title, zoning, surveys, all physical inspections of the Property, and all other reports or inspections Buyer has deemed necessary or appropriate in connection with this Agreement. (2) Buyer's Title Policy. At the election of Buyer, Title Company will be prepared to issue a standard coverage CL TA policy of owner's title insurance in the amount of the Purchase Price (the "Owner's Policy"). (3) Inspections and Studies. Buyer hereby acknowledges and agrees that Buyer has approved the results of any and all inspections, investigations, tests and studies (including, without limitation, investigations with regard to the environmental condition of the Property, zoning, building codes and other governmental regulations, architectural inspections, engineering tests, economic feasibility studies and soils, seismic and geologic reports) with respect to the Property (including all structural and mechanical systems and leased areas) elected or obtained by Buyer. b. Conditions Precedent to Seller's Obligations. Seller's obligation to consummate the transaction contemplated by this Agreement is subject to the satisfaction of the following conditions for Seller's benefit: (1) Buyer's Obligations. Buyer shall have timely performed all of the obligations required by the terms of this Agreement to be performed by Buyer. (2) Buyer's Representations and Warranties. All representations and warranties made by Buyer in this Agreement shall be true and correct as of the transfer of title. 7. Buyer's Representations and Warranties. In consideration of Seller entering into this Agreement, and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties, each of which is material and is being relied upon by Seller (the continued truth and accuracy of which shall constitute a condition precedent to Seller's obligations hereunder): a. Buyer has the full right, power and authority to enter into this Agreement and the instruments referenced herein; and to consummate the transactions contemplated hereby. - 5 -Purchase & Sale Agreement 11 of 24 December 5, 2023, Item #9b. The persons executing this Agreement, the instruments referenced herein, and any other documents executed and delivered on behalf of Buyer have the full right, power and authority to do so and have been duly authorized to do so by Buyer, and no other persons are required to execute this Agreement on behalf of Buyer. c. This Agreement has been, and all documents executed by Buyer under this Agreement which are to be delivered to Seller will be, duly authorized, executed, and delivered by Buyer, and as to all documents to be executed by Buyer, will be, legal, valid, and binding obligations of Buyer, and do not and will not violate any provisions of any agreement or judicial order to which Buyer is a party or to which it is subject. d. Buyer is currently in possession of the Property. As such, Buyer has been given a sufficient opportunity to inspect the Property, and has obtained and examined such information and documentation affecting the Property as Buyer has deemed necessary or appropriate. Buyer is relying solely on its own investigations and review, and not on any information provided or to be provided by Seller, to enter this Agreement and purchase the Property. 8. Damage or Condemnation Prior to Transfer. a. Material Damage or Destruction. In the event of material damage to or destruction of the Property prior to the transfer of title, Buyer shall accept the Property in its damaged condition, and Seller shall assign all of Seller's insurance proceeds to Buyer, if any. b. Eminent Domain. In the event that prior to the transfer of title, all or any material portion of the Property is subject to a taking or a threatened taking by a public authority, Buyer shall have the right, but not the obligation, exercisable by giving notice to Seller within fifteen (15) days after receiving knowledge of such taking, either (i) to terminate this Agreement, in which case no party shall have any further rights or obligations hereunder, or (ii) to accept the Property in its then condition and to proceed with the transfer of title without an abatement or reduction in the Purchase Price, in which case Buyer shall be entitled to receive an assignment of all of Seller's rights to any condemnation award payable by reason of such taking. If Buyer elects to proceed under clause (ii) above, Seller shall not compromise, settle or adjust any claims to such award without Buyer's prior written consent. c. Non-Material Taking or Damage. In the event that prior to the transfer of title, any non-material portion of the Property is damaged, destroyed or subject to a taking or a threatened taking by a public authority, Buyer shall accept the Property in its then condition and proceed with the transfer of title without any abatement or reduction in the Purchase Price, in which case Buyer shall be entitled to receive an assignment of all of Seller's rights to (i) any applicable insurance proceeds; and/ or (ii) any condemnation award payable by reason of such taking. In the event of any such - 6 -12 of 24 Purchase & Sale Agreement December 5, 2023, Item #9non-material damage, destruction or taking, Seller shall not compromise, settle or adjust any claims to such award without Buyer's prior written consent. 9. Legal Fees. In the event of any action between Buyer and Seller seeking enforcement of any of the terms and conditions to this Agreement, or otherwise in connection with the Property, the prevailing party in such action, whether by fixed judgment or settlement, shall be entitled to recover its reasonable attorneys' fees, court costs and expert witness fees. 10. Assignment. Buyer shall not be entitled to assign this Agreement without the prior written consent of the City Manager, which can be granted or withheld in Seller's sole discretion. 11. Seller Default. Seller's maximum liability in connection with a breach of this Agreement or any representation or warranty by Seller shall not exceed One Dollar ($1.00) in the aggregate for all such claims, which amount includes the costs of collection and enforcement. Buyer hereby waives any right to bring an action or claim under this Agreement or any document delivered in connection with the Closing for punitive, special, exemplary, indirect or consequential damages arising out of any default by Seller. 12. Miscellaneous. a. Survival of Covenants. The covenants, representations and warranties of both Buyer and Seller set forth in this Agreement shall survive the recordation of the Grant Deed, unless provided otherwise. b. Required Actions. The parties each agree to execute such instruments and documents and to diligently undertake such actions as may be reasonably required in order to consummate the purchase and sale herein contemplated, and shall use their best efforts to transfer title to the Property in accordance with the provisions hereof. c. Time of Essence. Time is of the essence of each and every term, condition, obligation, and provision hereof. d. Counterparts. This Agreement 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. e. Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. -7 -13 of 24 Purchase & Sale Agreement December 5, 2023, Item #9f. No Real Estate Commissions; No Brokerage Fees; Indemnity. Buyer and Seller each represent and warrant to the other parties that neither has dealt with or engaged a broker in connection with this transaction, and agrees to indemnify and save harmless the other party from and against all claims, costs, liabilities and expense (including court costs and reasonable attorneys' fees) incurred by any other party as a result of a breach of this representation. g. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties hereto, to any person or entity other than the parties hereto. h. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference. i. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. j. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to the principles governing conflicts of laws. k. Fees and Other Expenses. Except as otherwise provided herein, each of the parties shall pay its own fees and expenses in connection with this Agreement. I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. m. Severability. In the event that any provision of this Agreement or the application thereof becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as to reasonably effect the intent of the parties hereto. The parties further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision. n. Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day, and including the last day, unless the last day is a holiday or Saturday or Sunday, in which case the time shall be extended to the next business day. o. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or - 8 -Purchase & Sale Agreement 14 of 24 December 5, 2023, Item #9against any party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. p. Conflicts of Interest. No member, official or employee of the parties shall have any personal interest, direct or indirect, in this Agreement nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is, directly or indirectly, interested. q. Gender and Number. As used in this Agreement, masculine, feminine or neutral gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 13. Entire Agreement, Waivers and Amendments. a. This Agreement shall be executed in two (2) duplicate original counterparts, each of which is deemed to be an original. This Agreement and its attached Exhibits shall constitute the entire understanding and agreement of the parties. b. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all (or any part of or any interest in) the Property. This Agreement and all documents incorporated herein contain the entire understanding among the parties hereto relating to the transactions contemplated herein and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written. c. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the parties, and all amendments hereto must be in writing and signed by the appropriate authorities of the parties to be bound thereby. d. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument. The signature page of this Agreement may be detached from and added to any counterpart of this Agreement identical in form. e. The Executive Director, or designee, on behalf of Buyer, and the City Manager, or designee, on behalf of Seller, are each authorized to make such non-substantive changes to this Agreement or the documents and instruments attached to this Agreement as may be necessary or appropriate to effectuate this Agreement. - 9 -15 of 24 Purchase & Sale Agreement December 5, 2023, Item #9IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. "SELLER" CITY OF POWAY, a municipal corporation By: ________ _ Chris Hazeltine, City Manager SUCCESSOR AGENCY TO THE POWAY REDEVELOPMENT AGENCY, a public body By:----------Chris Hazeltine, Executive Director ATTEST: By:----------Carrie Gallagher, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP By:----------Alan Fenstermacher 16 of 24 "BUYER" PINNACLE REAL TY OF CALIFORNIA, LLC, a California limited liability company By:-----------Name: ----------Its: 10 Purchase & Sale Agreement December 5, 2023, Item #9EXHIBIT A LEGAL DESCRIPTION The land is situated in the State of California, County of San Diego, City of Poway, and is described as follows. Parcel A: Parcel 2, in the City of Poway, County of San Diego, State of California, as shown at Page 15255 of Parcel Maps, filed in the office of the County Recorder of San Diego County, June 6, 1988 Parcel B: An easement for ingress and egress, over, along, and across that portion of Parcel 1 in the City of Poway, County of San Diego, State of California, as shown at Page 15255 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, June 6, 1988, delineated as " mutual ingress and egress easement reserved hereon" on said Parcel Map 15255 Assessor's Parcel Numbers 317-190-21 & 317-190-45 17 of 24 -11-Purchase & Sale Agreement EXHIBIT A LEGAL DESCRIPTION December 5, 2023, Item #918 of 24 EXHIBIT B PROPERTY MAP -12-Purchase & Sale Agreement EXHIBIT B PROPERTY MAP December 5, 2023, Item #919 of 24 EXHIBITC GRANT DEED [BEHIND THIS PAGE] -13-Purchase & Sale Agreement EXHIBITC GRANT DEED December 5, 2023, Item #9RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: [INSERT] SPACE ABOVE THIS LINE FOR RECORDER'S USE APNs: 317-90-21; 317-90-45 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the SUCCESSOR AGENCY TO THE POWAY REDEVELOPMENT AGENCY, a public body, and CITY OF POWAY, a municipal corporation, herein collectively called the "Grantor" hereby grants to PINNACLE REAL TY OF CALIFORNIA, LLC, a California limited liability company, herein called the "Grantee", all of its interests in the real property described in the Legal Description attached hereto as Exhibit A, incorporated herein by this reference (the "Property"), in accordance with and subject to the covenants, conditions and restrictions set forth in this Grant Deed (this "Grant Deed"). Whenever the term "Grantee" is used in this Grant Deed, such term shall include any and all successors and assigns of the Grantee in and to the Property, or any interest therein or any portion thereof. Grantee, on behalf of itself and its successors and assigns to all or any portion of the Property, covenants and agrees as follows: Section 1. Nondiscrimination Covenants. That there shall be no discrimination against or segregation of any person, or group of persons on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any part thereof, nor shall Grantee, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property, or any part thereof. The foregoing covenants shall run with the land. Section 2. Nondiscrimination Clauses in Agreements. Grantee agrees for itself and any successor in interest that Grantee shall refrain from restricting the rental, sale, or lease of any portion of the Property, or contracts relating to the Property, on the basis of race, color, creed, religion, sex, marital status, ancestry, or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: i. In deeds: "The Grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, 20 of 24 -1-Grant Deed Certificate of Acceptance December 5, 2023, Item #9subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the Grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." ii. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." iii. In contracts relating to the sale, transfer, or leasing of the land or any interest therein: "There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the subject of this agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." The foregoing nondiscrimination covenants shall remain in effect in perpetuity. IN WITNESS WHEREOF, the Grantor and the Grantee have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized this ___ day of _______ , 2023. "GRANTOR" CITY OF POWAY, a municipal corporation "GRANTEE" PINNACLE REAL TY OF CALIFORNIA, LLC, a_ limited liability company By:---------By:------------Chris Hazeltine, City Manager 21 of 24 -2-Grant Deed Certificate of Acceptance December 5, 2023, Item #9SUCCESSOR AGENCY TO THE POWAY REDEVELOPMENT AGENCY, a public body By:----------Chris Hazeltine, Executive Director ATTEST: By:----------Carrie Gallagher, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP By:----------Alan Fenstermacher Name: ---------Its: -3-22 of 24 Grant Deed Certificate of Acceptance December 5, 2023, Item #9A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _________ _ ) ) On _________ , before me, _____________ , a Notary Public, personally appeared ______________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________ _ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _________ _ ) ) On _________ , before me, _____________ , a Notary Public, personally appeared ______________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________ _ Grant Deed 23 of 24 December 5, 2023, Item #9EXHIBIT A LEGAL DESCRIPTION The land is situated in the State of California, County of San Diego, City of Poway, and is described as follows. Parcel A: Parcel 2, in the City of Poway, County of San Diego, State of California, as shown at Page 15255 of Parcel Maps, filed in the office of the County Recorder of San Diego County, June 6, 1988 Parcel B: An easement for ingress and egress, over, along, and across that portion of Parcel 1 in the City of Poway, County of San Diego, State of California, as shown at Page 15255 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, June 6, 1988, delineated as " mutual ingress and egress easement reserved hereon" on said Parcel Map 15255 Assessor's Parcel Numbers 317-190-21 & 317-190-45 Grant Deed 24 of 24 December 5, 2023, Item #10DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway CITY COUNCIL December 5, 2023 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works ~ fl/Jr-E, ii. Will Wiley, Assistant Director of Public Works for Maintenance Operations/11(" ...-(858) 668-4705 or wwiley@poway.org . 'T Resolution Authorizing the Submittal of Grant Applications to the Department of Resources Recycling and Recovery (Cal Recycle) for All Grant Programs for which the City of Poway is Eligible and Authorizing the City Manager to Execute Documents Related to the Administration of Cal Recycle Grants Pursuant to California Public Resources Code sections 48000 et seq. the Department of Resources Recycling and Recovery (CalRecycle) is authorized to administer various grant programs (grants) in furtherance of the State of Californina's (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting health and safety and the environment. CalRecycle administers grant programs meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Senate Bill 1383 (SB 1383) Chapter 395, Statutes of 2016, and Budget Act of 2021. These grant programs provide funding to local jurisdictions to assist with the implementation of regulation requirements including capacity planning, collection, edible food recovery, education and outreach, enforcement and inspection, program evaluation, record keeping and procurement requirements. If approved; the attached resolution authorizes the submittal of grant applications. CalRecycle now requires a resolution with verbiage authorizing the submittal of grant applications, and identification of signature authority by listing job title of person(s) authorized to sign all grant related documents necessary to implement and close-out grants. Additionally, a period during which the authorizations are valid must be identified in the resolution. The maximum duration for this time period is five (5) years. Recommended Action: It is recommended City Council adopt the attached Resolution to: 1) Authorize the submittal of grant applications to Cal Recycle for all grant programs for which the City is eligible; and 2) Authorize the City Manager to execute all Cal Recycle grant documents necessary to secure grant funds and implement approved grant projects. 1 of 4 December 5, 2023, Item #10Discussion: The City applies for individual Cal Recycle grants, based on eligibility requirements. These grants assist the City in reaching and maintaining the State's Recycle and Recovery goals. Grant expenditures support efforts to implement waste reduction, build on the City's existing recycling programs, focus on diversion of household hazardous waste from landfills, offer community education and outreach programs, establish environmental programs, provide used oil recycle programs, establish recovery and collection of edible food programs, inspection, educate and enforce the City's Tier I and II Food Generators requirements for organic waste regulation compliance, and assist other reduction, reuse and recycling programs in effort to meet the State's requirements. Environmental Review: This action is not subject to review under the California Environmental Act (CEQA). Fiscal Impact: None. Public Notification: None. Attachments: A. Resolution Reviewed/Approved By: Assistant City Manager 2 of4 Reviewed By: Alan Fenstermacher City Attorney Approved By: (HQ City Manager RESOLUTION NO. 23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF GRANT APPLICATIONS FOR ALL GRANT PROGRAMS FOR WHICH THE CITY OF POWAY IS ELIGIBLE TO THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS RELATED TO THE ADMINISTRATION OF CALRECYCLE GRANTS WHEREAS, Public Resources Code sections 48000 et seq. authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; WHEREAS, In furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City of Poway, is authorized to submit grant applications to CalRecycle for all grant programs for which the City of Poway is eligible. SECTION 2: The City Manager or his/her designee, is authorized to execute, in the name of the City of Poway, all grant related documents, including but not limited to applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project. SECTION 3: The authorization is effective for five (5) years from the date of adoption by the Signature Authority or this governing body. // // // // // // // 3 of 4 ATTACHMENT A December 5, 2023, Item 10 December 5, 2023, Item #10Resolution No. 23-Page 2 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of December, 2023 by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4of4 December 5, 2023, Item #11DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN:DA REPORT City of Poway December 5, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services M Tracy Beach, P.E., City Engineer Th (858) 668-4652 or tbeach@poway.org CITY COUNCIL Approval of Consultant Agreements with Linscott, Law & Greenspan, Engineers and Kimley-Horn & Associates, Inc., for As-Needed Traffic Engineering Services, RFP No. 24-006 The City's current consultant agreements for traffic engineering services expired on December 4, 2023, and new agreements are needed. After a competitive process to obtain as-needed traffic engineering services, City staff selected Linscott, Law & Greenspan, Engineers (LLG) and Kimley-Horn & Associates, Inc. (Kimley-Horn) as representing the best value to the City. Each agreement will be effective from December 6, 2023 through December 5, 2026 and each contains a provision to mutually extend the agreement with two extensions of one year each. Recommended Action: It is recommended the City Council approve the consultant agreements for as-needed traffic engineering services, RFP No. 24-006 to Linscott, Law & Greenspan, Engineers (Attachment A) and Kimley-Horn (Attachment B); and authorize the City Manager to execute the agreements and to exercise one or more options to extend either agreement for up to two additional one-year terms. Discussion: The Development Services Department uses a traffic engineering consultant for traffic engineering services. The consultant supports Development Services and Public Works staff with planning, organizing, supervising, and performing a variety of field and office professional traffic engineering duties, supervising, or performing technical studies and performing other related duties as needed. The consultant also provides 24-hour, seven-day-a-week support in the event of a traffic-related emergency or need outside of normal business hours. The current consultant agreements with Kimley-Horn and STC Traffic, Inc. terminated on December 4, 2023, with no extensions remaining. In September 2023, staff solicited proposals for as-needed traffic engineering services. Six proposals were received. Proposals were evaluated on the demonstrated understanding of the scope of services, qualifications and certifications of the firm and 1 of 38 December 5, 2023, Item #11assigned staff, experience providing similar services, fee structure and references. After proposal review, City staff selected LLG and Kimley-Horn based on their qualifications, experience, and competitive hourly rates. LLG and Kimley-Horn provide similar traffic engineering services and have similar experience with providing these services to government agencies throughout San Diego County. Staff will continue to use Kimley-Horn for day-to-day traffic engineering needs due to their familiarity with Poway. When specific projects or studies are needed, staff will determine which firm to use on a case-by-case basis taking into consideration the scope of work, availability, area of expertise and cost of services. Environmental Review: This action to approve the consultant agreements is not a "Project" as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to the CEQA State Guidelines Section 15060 (c)(3), no environmental review is r~quired. Fiscal Impact: Funds for the as-needed traffic engineering services are included in the Fiscal Year (FY) 2023-24 budget in Development Services (307040-17150) in the amount of $180,800 and in Public Works (430050-17150) in the amount of $16,000. Public Notification: None. Attachments: A. Standard Agreement for Consultant Services with Linscott, Law & Greenspan, Engineers B. Standard Agreement for Consultant Services with Kimley-Horn & Associates, Inc. Reviewed/Approved By: Wendy@aserman Assistant City Manager 2 of 38 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chq~ City Manager December 5, 2023, Item #11City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 6th day of December, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and LINSCOTT, LAW & GREENSPAN, ENGINEERS (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform as-needed traffic engineering services including planning, organizing, and performing a variety of field and office professional traffic engineering duties, supervising and performing technical studies, and performing related traffic engineering duties as required; WHEREAS, Consultant is a traffic engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 1 3 of 38 ATTACHMENT A December 5, 2023, Item #115. 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. 2 4 of38 December 5, 2023, Item #11"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: D 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be ~ssigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of 38 3 December 5, 2023, Item #11(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. 4 6 of 38 December 5, 2023, Item #11(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. 5 7 of 38 December 5, 2023, Item #11Consultant'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 (Cal PERS) and shall not become members of Cal PERS while providing services to City. 6 8 of 38 December 5, 2023, Item #11Contractor 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) 7 9 of 38 December 5, 2023, Item #11IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: ------------ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 10 of 38 8 LINSCOTT, LAW & GREENSPAN, ENGINEERS By: ___________ _ K.C. Yellapu, Principal Date: ___________ _ December 5, 2023, Item #11"SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed, on-call, traffic engineering services which shall include, but not be limited to, the following: Operation: Develop traffic signal timing plans and manage signal coordination timing plans. • Manage the City's signal system program. • Provide technical support for signal and lighting maintenance. • Evaluate intersection capacity and Level of Service for operation improvements. • Manage and Coordinate with SANDAG on the 1-15 ICM program. Coordinate with SANDAG on the Regional Arterial Management System (RAMS) program. Manage the City's traffic volume data. Manage the City's Crossroad Collision program. • Manage the City Engineering and Traffic Survey. • Coordinate with the Sheriffs Department on traffic issues, including speed requirements. Coordinate with the School District on school zone traffic management. • Investigate and respond to public requests related to signal operation and timing. Investigate and respond to public requests for neighborhood traffic calming measures. Investigate and respond to public requests for traffic control devices. Investigate and provide recommendations regarding sight distance. Provide technical support to the City's attorneys in litigation cases involving traffic safety issues. Assist in preparation of reports for and attend Traffic Safety Committee meetings. Attend regular meetings with City Engineer and staff and be available on-site at City Hall on an as-needed basis. Prepare work orders for signing, striping, and traffic signal changes including diagrams to clarify the work that must be performed. Planning: Review and provide recommendations related to the Transportation Master Element. • Review private development traffic impact analysis. Collect and analyze data needed for grant applications. Prepare State and/or Federal grant applications as they relate to highway safety improvements. Design: 11 of 38 Provide technical support, prepare plan sheets, and stamp design plans as Engineer of Record for traffic signal or signing and striping modifications. Review and approve temporary traffic control plans. Provide plan review of private development roadway designs. Provide plan review of Capital Improvement roadway designs. Provide plan review of signal, signing, and striping improvement plans. Provide plan review of street lighting improvement plans. 1 December 5, 2023, Item #11Staffing: Consultant must clearly identify a traffic engineer and other key personnel that will be assigned to provide services to the City, including back-up personnel. The removal or replacement of staff members assigned to the City will not occur without 30-day prior written notice to City and written concurrence by the City. Required Licenses and Certificates: Staff member(s) assigned to provide traffic engineering services to the City of Poway must possess valid certification as professional engineer (civil and traffic) issued by the State of California Board of Registration for Civil and Professional Engineers. On-Call Services: Consultant must provide 24-hour/7 day per week support in the event of a traffic related emergency or should a need arise outside of normal business hours. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Schedule submitted with the proposals dated October 5, 2023, which are included in this document as Attachment 1. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. 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 be effective from the period commencing December 6, 2023, and ending December 5, 2026, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: 2 12 of 38 December 5, 2023, Item #11(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. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: 13 of 38 3 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 December 5, 2023, Item #11To Consultant: 14 of 38 4 Linscott Law & Greenspan Engineers 4542 Ruffner Street Suite 100 San Diego, CA 92111 December 5, 2023, Item #11Attachment 1 FEE SCHEDULE 'JTIIE Principals Principal Engineer .................................................................................... $ Associate Principal Engineer ................................................................... $ Planning/Design Manager ........................................................................ $ Transportation Engineers Senior Transportation Engineer ............................................................... $ Transportation Engineer III ...................................................................... $ Transportation Engineer II ....................................................................... $ Transp0liation Engineer I ........................................................................ $ Transportation Planners Senior Transportation Planner ................................................................. $ Transp0 liation Planner III ........................................................................ $ Transportation Planner II ......................................................................... $ Transportation Planner I .......................................................................... $ Signal System Specialist Senior Signal System Specialist. .............................................................. $ Signal System Specialist ill ..................................................................... $ Signal System Specialist II ...................................................................... $ Signal System Specialist I.. ...................................................................... $ Technical Support Engineering Associate II .......................................................................... $ Engineering Associate I ........................................................................... $ Engineering Computer Analyst II ............................................................ $ Engineering Computer Analyst I ............................................................. $ Senior CADD Drafter .............................................................................. $ CADD Drafter III ..................................................................................... $ CADD Drafter II ...................................................................................... $ CADD Drafter I ....................................................................................... $ Senior Engineering Technician ................................................................ $ Engineering Technician II ........................................................................ $ Engineering Technician I ......................................................................... $ Word Processor/Secretary ........................................................................ $ Engineering Aide I ................................................................................... $ 15 of 38 PERHOUR 225.00 195.00 242.00 163.00 144.00 122.00 105.00 144.00 122.00 105.00 93.00 205.00 175.00 149.00 133.00 104.00 100.00 99.00 78.00 100.00 93.00 82.00 71.00 100.00 93.00 71.00 66.00 50.00 LINSCOTT IAW & GREENSPAN engineers Engineers & Planners Traffic Transportation Parking Linscott. Law & Greenspan, Engineers 4542 Ruffner Street Suite 100 San Diego, CA 92111 858.300.8800 T www.llgengineers.com Pasadena Irvine San Diego December 5, 2023, Item #11Labor Category Labor Category 1 Labor Category 2 Labor Category 3 Labor Category 4 Labor Category 5 Labor Category 6 Labor Category 7 Labor Category 8 Labor Category 9 Labor Category io Labor Category 11 Labor Category 12 Labor Category 13 Labor Category 14 Labor Category 15 Labor Category 16 Labor Category 17 Alta Planning + Design 2023 -2025 Billing Rates 2023 Rate 2024 Rate 2025 Rate General Classifications $380 $407 $435 Executive Principal $350 $375 $401 Executive Principal $320 $342 $366 Principal, Executive Principal $290 $310 $332 Principal, Executive Principal $270 $289 $309 Sr. Associate, Principal, Executive Principal $250 $268 $286 Sr. Associate, Principal $230 $246 $263 Leader, Sr. Associate, Principal $210 $225 $240 Associate II, Sr. Associate, Director, Principal $195 $209 $223 Associate I, Associate II, Sr. Associate $180 $193 $206 Level Ill, Associate I, Associate II, Sr. Associate $165 $1n $189 Level Ill, Associate ~ Associate II $150 $161 $172 Level Ill, Associate ~ Associate II $140 $150 $160 Level II, Level Ill, Associate I $130 $139 $149 Level I, Level II, Level Ill $120 $128 $137 Level ~ Level II, Level Ill $110 $118 $126 Administration $90 $96 $103 Intern Rates are presented i1 US Dollars (US$) and are subject to change at any time. Mileage will be charged at the provisional standard rate. Alie m~NG+ DESIGN. INC. 7 December 5, 2023, Item #11SWARCO McCain ITS Solutions & Services Classification Hourly Rate Hourly Rate Hourly Rate Hourly Rate (Year 1) (Year 2) (Year 3) (Year 4) Project Manager $135.00 $138.00 $141.00 $144.00 Sr. Project Manager $165.00 $169.00 $173.00 $177.00 Sr. Integration Manager $185.00 $189.00 $193.00 $197.00 ITS Engineer $165.00 $169.00 $173.00 $177.00 Sr. ITS Engineer $185.00 $189.00 $193.00 $197.00 Field Technician $155.00 $158.00 $161.00 $164.00 Sr. Field Technician $185.00 $189.00 $193.00 $197.00 Sr. Systems Engineer $220.00 $225.00 $230.00 $235.00 17 of 38 December 5, 2023, Item #11<;J♦,\N'I' :\IA?\,\( ;1.:-.1 E.:-;T Grant Management Associates 2023 Cost Proposal GMA proposes the following pricing options: Options 1 Needs Assessment/Matrix 2 Flat fee per Grant Option 3. Monthly Retainer Option 4. Hourly Rate Option 5. Grant Development Training Program Price Not to Exceed $3,900 per department $22,000 per grant up to 45 pages $8,100 per month up to 40 hours $210 per hour $3,200 per day (8-hours) / lO students Needs Assessment/Funding Matrix Option. The needs assessment option offers a comprehensive assessment of fundable activities and aligns them with possible funding opportunities. The client is delivered a comprehensive Funding Matrix as a part of the effort. Monthly Retainer Option. The monthly retainer option is proposed for a) grant management services and b) comprehensive proposal development services for up to two (2) new grants per quarter and up to four (4) roll-over grants that may include coordination of multi-agency or multi-jurisdictional grant applicants. The proposal development services suggested here can be modified to meet current grant development needs as determined at the time of contract negotiation. The monthly retainer option is for services up to 40 man-hours per month. Additional man-hours will be priced at $210 each. Grant Management Services includes accounting, monitoring, compliance, and reporting activities for all grants from all funders received by the client and providing monthly reports on all Grant Management Activities. Per Grant Option. A Per Grant Option is provided above at not to exceed $22,000 per grant. This option is limited to grant proposals of up to 45 pages (total). Proposals exceeding 45 pages will be charged at GMA's hourly rate, and a written estimate of work will be provided by GMA for the client's approval to proceed. Hourly Rate Option. The hourly rate option is our most common approach to pricing our grant writing services because so much of the service scope cannot be known at this stage of our relationship. For example, we cannot predict at this point whether we will be pursuing 5 easy (or short) grants, 10 medium grants or 20 difficult (or long) grants il the next year on the client's behalf. The hourly rate option allows the client to pay GMA a fee to be determined on an as-needed basis for work relating to additional individual proposal projects or for support of Page lof 2 18 of 38 December 5, 2023, Item #11departmental proposal development, staff development or funding opportunity monitoring and research. The cost of each project will be determined by GMA h advance and approved ~ the client prior to the commencement of any work. Project costs will vary depending upon the degree of complexity, quality of existing material available, amount of original research work needed, amount of collaborative/partnership development required, and other factors. Prior to commencing any work on an individual project proposal, GMA and the client shall execute a written memorandum specifying the specific work to be performed by GMA, the number of hours, the billing rate, and a specific not-to-exceed amount for the project. Grant Development Training Program Option. GMA offers an introductory one-day grant development training program for up to 10 students for a package price of $3,200 per day, which covers all costs and materials. This training program has been utilized with many GMA clients and proven highly effective at engaging staff to participate effectively il the grant development process. Software Options. GMA additionally proposes the client's optional purchase of one or more third-party monthly grant locator services, such as eCivis, GrantFinder, and the Foundation Directory. Page 2 of 2 19 of 38 December 5, 2023, Item #11EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 20 of 38 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 1 December 5, 2023, Item #11Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 21 of 38 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. 2 December 5, 2023, Item #11Cal Gov Code § 7522.56 (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date ofretirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to 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). 22 of 38 3 December 5, 2023, Item #11City of Poway ST ANDA.RD AGREEMENT FOR SERVICES This Agreement, entered into this 6th day of December, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and KIMLEY-HORN & ASSOCIATES, I NC. (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform as-needed traffic engineering services including planning, organizing, and performing a variety of field and office professional traffic engineering duties, supervising and performing technical studies, and performing related traffic engineering duties as required; WHEREAS, Consultant is a traffic engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 1 23 of 38 ATTACHMENT B December 5, 2023, Item #115. 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. 24 of 38 2 December 5, 2023, Item #11"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: D 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 25 of 38 3 December 5, 2023, Item #11(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. 26 of 38 4 December 5, 2023, Item #11(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. 5 27 of 38 December 5, 2023, Item #11Consultant'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 Cal PERS while providing services to City. 28 of 38 6 December 5, 2023, Item #11Contractor 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) 7 29 of 38 December 5, 2023, Item #11IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY KIMLEY-HORN & ASSOCIATES, INC. By:-----------By: ___________ _ Chris Hazeltine, City Manager Megan Ulery, P.E., LEED AP Date: Date: -----------------------ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 30 of 38 8 December 5, 2023, Item #11"SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed, on-call, traffic engineering services which shall include, but not be limited to, the following: Operation: • Develop traffic signal timing plans and manage signal coordination timing plans. Manage the City's signal system program. • Provide technical support for signal and lighting maintenance. Evaluate intersection capacity and Level of Service for operation improvements. • Manage and Coordinate with SANDAG on the 1-15 ICM program. • Coordinate with SANDAG on the Regional Arterial Management System (RAMS) program. Manage the City's traffic volume data. • Manage the City's Crossroad Collision program. Manage the City Engineering and Traffic Survey. • Coordinate with the Sheriff's Department on traffic issues, including speed requirements. • Coordinate with the School District on school zone traffic management. • Investigate and respond to public requests related to signal operation and timing. Investigate and respond to public requests for neighborhood traffic calming measures. • Investigate and respond to public requests for traffic control devices. • Investigate and provide recommendations regarding sight distance. • Provide technical support to the City's attorneys in litigation cases involving traffic safety issues. • Assist in preparation of reports for and attend Traffic Safety Committee meetings. • Attend regular meetings with City Engineer and staff and be available on-site at City Hall on an as-needed basis. Prepare work orders for signing, striping, and traffic signal changes including diagrams to clarify the work that must be performed. Planning: • Review and provide recommendations related to the Transportation Master Element. Review private development traffic impact analysis. • Collect and analyze data needed for grant applications. Prepare State and/or Federal grant applications as they relate to highway safety improvements. Design: 31 of 38 Provide technical support, prepare plan sheets, and stamp design plans as Engineer of Record for traffic signal or signing and striping modifications. Review and approve temporary traffic control plans. Provide plan review of private development roadway designs. Provide plan review of Capital Improvement roadway designs. Provide plan review of signal, signing, and striping improvement plans. Provide plan review of street lighting improvement plans. 1 December 5, 2023, Item #11Staffing: Consultant must clearly identify a traffic engineer and other key personnel that will be assigned to provide services to the City, including back-up personnel. The removal or replacement of staff members assigned to the City will not occur without 30-day prior written notice to City and written concurrence by the City. Required Licenses and Certificates: Staff member(s) assigned to provide traffic engineering services to the City of Poway must possess valid certification as professional engineer (civil and traffic) issued by the State of California Board of Registration for Civil and Professional Engineers. On-Call Services: Consultant must provide 24-hour/7 day per week support in the event of a traffic related emergency or should a need arise outside of normal business hours. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated October 5, 2023, which are included in this document as Attachment 1. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. 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 be effective from the period commencing December 6, 2023, and ending December 5, 2026, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: 32 of 38 2 December 5, 2023, Item #11(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. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: 3 33 of 38 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 December 5, 2023, Item #11To Consultant: 34 of 38 4 Kimley-Horn & Associates, Inc. 401 B Street, Suite 600 San Diego, CA 92101 December 5, 2023, Item #11I -, ' • ' • ----,__l_1.._"-._\...__ '----'---5ta":men1°t As-Needed Traffic Engineering Services (RFP #24-006) Quallficat,ons for i: . . -~~~-'-':''t} :;·~~1i -~ ;;> . . -Kimy>>>Hom Hourly Labor Rate Schedule Classification Rate Analyst I $130 -$160 Analyst I $160 -$200 Professional . $200 -$230 Senior Professional I $230 -$315 Senior Professional 11 $315 -$350 Senior Technical Support $165 -$290 Technical Support $105 -$165 Support Staff $85 -$145 Effective through June 30, 2024. Subject to annual adjustment thereafter_ External Reimbursable Expenses will be charged at 10% mark-up, or per the Contract. Sub-Consultants will be billed per the Contract. ,,.,-_f ··:~-.... /'; ,-::_; __ · .. "!. ¥ ... :·~~-.>·•·r _ ... :~:,:J-/1_'_.-:,~.--,,. ... __ -_ .. ·.,,r'.".' ,-,·,.~:T.....,._i· --i:,_ ---·. _..,._ ~:, _ _ City of 1-'oway -1 ROC8002~.2023 : . . Kimk;y>>)~ 22 December 5, 2023, Item #11EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act o/2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 36 of 38 (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 December 5, 2023, Item #11Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (t)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: 37 of 38 (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 I, 2013, or has been included in subsequent agreements. 2 December 5, 2023, Item #11Cal Gov Code § 7522.56 (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to 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). 3 38 of 38 December 5, 2023, Item #12DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway CITY COUNCIL December 5, 2023 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works {I; Michael Obermiller, Public Works Operations Manager ~ (858) 668-4722 or mobermiller@poway.org Authorization to Purchase One (1) Medium-Duty Utility Truck through the GM Government Bid Assistance Program The City of Poway's approved Fiscal Year 2023-24 operating budget includes funding to purchase one (1) medium-duty utility truck. The City has used the General Motors (GM) Government Bid Assistance Program to ensure optimum pricing when purchasing vehicles and equipment. Through the GM Government Bid Assistance Program, Courtesy Chevrolet presented optimal pricing for one (1) medium-duty utility truck in the amount of $64,690.67. The vehicle meets the City's service requirements and specifications. Recommended Action: It is recommended the City Council adopt a resolution authorizing the purchase of the following equipment: 1) One (1) Medium-Duty Utility Truck ($64,690.67) from Courtesy Chevrolet Center through the General Motors Government Bid Assistance Program; and 2) 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 utility truck. City Council approved the addition of a utility mechanic position in the Fiscal Year 2021-22 operating budget. The accompanying utility truck was budgeted in the Fiscal Year 2023-24 budget. While the position was funded in the Fiscal Year 2021-22 budget, the purchase of the associated vehicle was intentionally delayed to a future budget in order to provide for an extended training period during which the new position would not require a vehicle. The training period has concluded, and purchase of the utility truck is included in the Fiscal Year 2023-24 approved budget. 1 of4 December 5, 2023, Item #12Staff reached out to local Poway dealerships and two additional quotes were received from Aaron Ford and Pedder Dodge Ram. Section 3.28.090 of the Poway Municipal Code allows preference to be granted to local vendors for one percent of the taxable portion of their respective quotes, which is equal to the portion of sales tax the City receives. Additionally, the GM Government Bid Assistance Program provides an exclusive discount option to participating agencies. After careful evaluation of various purchasing options and pricing, staff determined it is in the best interest of the City not to proceed with its own formal bid process and recommends the formal bidding procedures are waived for the following reasons: 1) The City has recently purchased vehicles using the General Motors (GM) Government Bid Assistance Program and received good pricing based on prior purchasing experience. 2) The requirement of the Poway Municipal Code Chapter 3.28 to formally bid this purchase will not likely result in a lower price given staffs historical experience and the informal quotes obtained below. 3) Any extended formal bid process will likely result in a higher purchase price and delayed delivery date, given ongoing supply chain challenges, both of which would not be in the public's best interest. The quotes for one (1) medium-duty utility truck are as follows: COURTESY AARON FORD PEDDER DODGE RAM UNIT AVAILABLE CHEVROLET (1% LOCAL VENDOR (1% LOCAL VENDOR FUNDS (GM BID PREFERENCE PREFERENCE ASSISTANCE) APPLIED) APPLIED) Medium-Duty $70,000.00 $64,690.67 $68,539.25 $72,203.75 Utility Truck Copies 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 Council approved and budgeted to add this vehicle to the City's Fleet as a result of a new position for the Utility Systems Operations and Maintenance Division, on June 13, 2023. As such, full funding is available in the Fiscal Year 2023-24 division operating budget for the Utility Systems Operations and Maintenance (401060-61040) for the purchase of one (1) medium-duty utility truck at a cost of $64,690.67. Public Notification: None. Attachments: A. Resolution 2 of 4 December 5, 2023, Item #12Reviewed/Approved By: WendyJS}iserman Assistant City Manager 3 of 4 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~~ City Manager RESOLUTION NO. 23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE PURCHASE OF ONE MEDIUM-DUTY UTILITY TRUCK 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, in Fiscal Year 2023-24, City Council approved the addition of a vehicle for the utility mechanic position; WHEREAS, the City utilized the GM Government Assistance Program offering discount to government entities; WHEREAS, the City found Courtesy Chevrolet Center to be the lowest responsible competitive quote at $64,690.67; and WHEREAS, the Fiscal Year 2023-24 operating budgets include sufficient funding for the purchase of one medium-duty utility truck. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The purchase of one medium-duty utility truck from Courtesy Chevrolet utilizing the General Motors Government Bid Assistance Program, at total cost of $64,690.67 is authorized. SECTION 2: 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 5th day of December, 2023 by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DI SQUALi Fl ED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4of4 December 5, 2023, Item #12ATTACHMENT A December 5, 2023, Item #13DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PQ RT City of Poway CITY COUNCIL December 5, 2023 Honorable Mayor and Members of the City Council Jodene Dunphy, Director of Human Resourcet~.?d Risk Management ~ Eric Heideman, Director of Public Works { ~ Jodene Dunphy, Director of Human Resources and Risk Management (858) 668-4413 or jdunphy@poway.org Eric Heidemann, Director of Public Works (858) 668-4716 or eheidemann@poway.org Approving a Cal PERS 180-day Waiting Period Exception to Hire a Retired Annuitant The City of Poway is in the process of recruiting a Water Treatment Plant Manager. The critical responsibilities of the position are currently being performed through a contract with Operational Technical Services (OTS), a business that provides personnel with state certifications necessary to operate critical water infrastructure. The City desires to hire a retired annuitant through OTS who possesses the required Water Treatment Operator Grade TS certification issued by the State Water Resources Control Board Division of Drinking Water on a temporary basis while recruiting for a new Water Treatment Plant Manager. A Cal PERS-contracted public agency may appoint a retired annuitant to an interim position with approval from the governing body, as authorized in Government Code Sections 7522.56 and 21221 (h) and waive the 180-day wait period due to the critical nature of the Water Treatment Plant Manager position and the need to have it filled while the recruitment is in progress. Recommended Action: It is recommended the City Council approve the resolution appointing an Interim Water Treatment Plant Manager pursuant to Government Code Sections 7522.56 and 21221 (h) and approving the waiver of the 180-day wait period for the newly retired individual to work as a retired annuitant through OTS as the Interim Water Treatment Plant Manager. Discussion: California Government Code Sections 7522.56 and 21221 (h) authorize the City to employ a retired Cal PERS annuitant without reinstatement from retirement upon a finding that the retired person has specialized skills needed to perform work of a limited duration. Under the law, a non-safety retired 1 of 4 December 5, 2023, Item #13annuitant is not eligible to be employed by a CalPERS contracting agency for a period of 180 days following the retirement date unless the City Council certifies the nature of the employment, and the appointment is necessary to fill a critically needed position before 180 days has passed. Larry Lyford is officially retiring as the Water Treatment Plant Manager from Helix Water District on December 15, 2023, and has more than 46 years of experience in the water industry including 26 years with Helix Water District. Based on a long and successful career in the water industry serving public agencies, Mr. Lyford has the specialized knowledge and skills needed to temporarily step into the role of Water Treatment Plant Manager with the City of Poway. To comply with the Government Code and allow Mr. Lyford to work through OTS as a retired annuitant, the City must submit to Cal PERS a copy of the approved and executed resolution and the publicly available salary schedule listing the comparable or vacant position. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The total estimated cost to appoint Larry Lyford as a retired annuitant for the position of Interim Water Treatment Plant Manager through Operational Technical Services (OTS) is anticipated not to exceed $85,000. 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: Wendaserman Assistant City Manager 2 of 4 Reviewed By: Alan Fenstermacher City Attorney Approved By: #tk2 Chris Hazeltine City Manager December 5, 2023, Item #13RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FOR A 180-DAY WAITING PERIOD EXCEPTION TO HIRE A RETIRED ANNUITANT PURSUANT TO GOVERNMENT CODES SECTIONS 7522.56 AND 21221(h) WHEREAS, in compliance with Government Code section 7522.56 of the Public Employees' Retirement Law, the Poway City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; WHEREAS, Larry Lyford is retiring from the Helix Water District as the Water Treatment Plant Manager, effective December 15, 2023; WHEREAS, Larry Lyford has worked in the water industry for more than 46 years, and has held the position of Water Treatment Plant Manager; WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 15, 2024, without this certification resolution; WHEREAS, Government Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; WHEREAS, the Poway City Council, the City of Poway and Larry Lyford certify that Larry Lyford has not and will not receive a Golden Handshake or any other retirement-related incentive; WHEREAS, an appointment under Government Code section 21221 (h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; WHEREAS, the governing body has authorized the search for a permanent appointment in November 2023; WHEREAS, the Poway City Council hereby appoints Larry Lyford as an interim appointment retired annuitant to the vacant position of Water Treatment Plant Manager through a contracting business, Operational Technical Services, for the City of Poway under Government Code section 21221 (h), effective December 16, 2023; WHEREAS, this Government Code section 21221(h) appointment shall only be made once and therefore will end once the position has been filled with a permanent replacement; WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; 3 of4 ATTACHMENT A December 5, 2023, Item #13Resolution No. 23-Page 2 WHEREAS, per the current City of Poway Management/Confidential Salary Schedule the minimum monthly base salary for this position is $10,697 and the hourly equivalent is $61.7159, and the maximum monthly base salary for this position is $13,003 and the hourly equivalent is $75.0160; WHEREAS, the hourly rate paid to Larry Lyford will be within the range indicated above, which was approved by the City Council on November 7, 2023; WHEREAS, Larry Lyford has not and will not receive any other benefit, incentive, compensation in lieu of benefit from the City of Poway or Operational Technical Services or other form of compensation in addition to this hourly pay rate. NOW, THEREFORE, BE IT RESOLVED THAT the Poway City Council hereby certifies the nature of the employment of Larry Lyford is necessary to fill the critically needed position of Water Treatment Plant Manager for the City of Poway beginning December 16, 2023, because Mr. Lyford has specialized skills as a retired annuitant, which are needed over the next several months to oversee the water treatment plant in the City of Poway. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of December 2023, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4of 4 1 of 10December 5, 2023, Item #14DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway December 5, 2023 Honorable Chairman and Members of the Housinj_~uthority Robert Manis, Director of Development Services t(/\ Marie Sanders, Senior Management Analys~ (858) 668-4637 or msanders@poway.org CITY COUNCIL Request for Approval of the Submission of Applications for the Resyndication of Low-Income Housing Tax Credits and Tax-Exempt Bonds for Haley Ranch Estates, Hillside Village, and Parkview Terrace Affordable Housing Communities Community HousingWorks ("CHW") has successfully developed and operates low-income housing tax credit affordable communities within the City of Poway. CHW approached the Poway Housing Authority ("Authority'') for its support and required consent to submit applications for a new reservation of low-income housing tax credits paired with a new allocation of tax-exempt bonds for three of its communities, Haley Ranch Estates, Hillside Village, and Parkview Terrace. If successful, the new funding would extend income affordability and enhance resident quality of life through rehabilitation and repair of housing units, community buildings, and infrastructure. California Municipal Finance Agency, through its Joint-Powers Agreement with the City of Poway, is the anticipated tax-exempt bond issuer. If CHW is successful in obtaining tax-exempt bond financing, the City of Poway will be asked to hold a Tax Equity and Fiscal Responsibilty Act public hearing at a future date to be determined. Neither the City of Poway nor the Poway Housing Authority would experience any fiscal impact related to the bond issuance. Recommended Action: It is recommended the Poway Housing Authority Board: 1) Adopt a Resolution (Attachment A) authorizing Community HousingWorks to submit applications to apply for a new reservation of low-income housing tax credits paired with a new allocation of tax-exempt bonds to the California Tax Credit Allocation Committee and California Debt Limit Allocation Committee for the affordable communities of Haley Ranch Estates, Hillside Village, and Parkview Terrace; 2) Authorize the Executive Director to execute all necessary documents relating to the application and implementation of low-income housing tax credit resyndication for the affordable communities of Haley Ranch Estates, Hillside Village, and Parkview Terrace; and 3) Authorize the Executive Director to execute all necessary documents relating to the support of Community HousingWorks' applications for tax-exempt bonds and low-income housing tax credits for the communities of Haley Ranch Estates, Hillside Village, and Parkview Terrace, including, providing any needed commitment letters consistent with these applications, review 2 of 10December 5, 2023, Item #14and approval of temporary relocation plans for community residents, and California Tax Credit Allocation Committee local reviewing agency packages. 4) Authorize (i) the transfer and assignment of the existing Ground Lease and Regulatory Agreement dated September 26, 2000 by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, and Haley Ranch Estates Housing Associates, L.P., to a new low-income housing tax credit partnership cont.rolled by Community HousingWorks, yet to be formed, (ii) an amendment to the Ground Lease to extend the initial term thereof for a new 55-year term, and (iii) an amendment to the Regulatory Agreement to reaffirm the term thereof as in perpetuity; 5) Authorize (i) the transfer and assignment of the existing Ground Lease for Hillside Village, dated June 8, 2_001, by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, and Community Housing of North County, to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, and (ii) an amendment to the Ground Lease to extend the initial term thereof Ground Lease for a new 55-year term; 6) Authorize (i) the transfer and assignment of the existing Regulatory Agreement for Hillside Village, dated February 5, 2002, by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, Breihan Housing Associates, L.P., and Community Housing of North County, to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, and (ii) an amendment to the Regulatory Agreement to reaffirm the term thereof as in perpetuity; 7) Authorize (i) the transfer and assignment of the existing Loan Agreement for Hillside Village dated February 5, 2002, by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, and Breihan Housing Associates, L.P., and the existing Promissory Note and Deed of Trust executed by Breihan Housing Asslociates, L.P. to a new Low-Income housing tax credit partnership, yet to be formed, and, (ii) an amendment to the Loan Agreement and amendment to the Promissory Note to restate the loan amount thereunder to include the full principal amount of the Loan and all accrued interest through the date of finance closing, modify the interest rate on the Loan to the Applicable Federal Rate compounding in effect as of the date of finance closing, and extend the term of the Loan for a new 55-year term; and 8) Authorize (i) the transfer and assignment of the Ground Lease and Regulatory Agreement for Parkview Terrace, dated August 29, 1997 by and among the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, Community Housing of North County, and Bowron Road Group, L.P., to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, (ii) an amendment to the Ground Lease to extend the initial term thereof for a new 55-year term, and (iii) an amendment to the Regulatory Agreement to reaffirm the term thereof as in perpetuity. Discussion: Community HousingWorks ("CHW") is a nationally recognized 501 (c)(3) nonprofit organization that was founded and has been headquartered in San Diego County since 1988. CHW develops and owns affordable apartment communities with resident-centered services for working families, older adults, and people with disabilities to forge stronger futures. CHW has successfully developed new and renovated existing multi-family, affordable rental apartments in urban, suburban and rural communities in California and Texas. With 4,289 rental apartments operating in 47 communities statewide as of October 2023, and with approximately 428 apartments currently in construction and another 306 apartments in predevelopment, CHW proudly serves more than 11,000 children and adults each year. 3 of 10December 5, 2023, Item #14For three of CHW's affordable communities in Poway (Haley Ranch Estates, Hillside Village, and Parkview Terrace), there is an opportunity to re-apply for new reservations of low-income housing tax credits and an allocation of tax-exempt bonds. If successful, it would extend income affordability and enhance resident quality of life through rehabilitation and repair of housing units, community buildings, and infrastructure. This action authorizes the submission of applications, and, if successful in being awarded tax credits and tax-exempt bonds, Recommended Actions numbers four through eight will be authorized. Each rehabilitation project will have three primary goals: (1) extend the productive life of the existing building beyond the new 55-year affordability period and upgrade to current Americans with Disabilities Act standards; (2) reduce operating expenses for the property and residents with energy and water efficient materials and renewable energy; and (3) improve resident comfort and building functionality. The scope of the rehabilitation prioritizes health and safety and replacement of systems in need of repair. Due to the nature of the proposed rehabilitations, if approved, CHW will contract with Laurin Associates to prepare a Temporary Relocation Plan in compliance with Federal and State Relocation laws and regulations to address the residents of the community who may be temporarily relocated offsite during the rehabilitation and enhancement of the community. There will not be any impact to affordability levels or rent increases due to the rehabilitation. With an award of new low-income housing tax credits, CHW anticipates reinvesting at least $60,000 per housing unit in repairs and upgrades. On-site property management services will continue to be provided by ConAm Management Corporation, and resident services will continue to be provided by CHW with additional third-party partnerships. Haley Ranch Estates Haley Ranch Estates, located at 13455 Poway Creek Rd. is a community that opened in 1992. The community contains 65 single-family homes; all of the homes in Haley Ranch Estates have three bedrooms, two full baths, and two-car garages, with the exception of two homes, the garages are attached. Haley Ranch Estates includes 64 homes restricted at 50% Area Median Income (AMI), and one unit set-a-side for staff. The homes range from 1,129 to 1,232 square feet of living space, plus the 400 square foot garage area. The community features a community center, pool, playground, and barbeque area, and is close to public transportation. The proposed rehabilitation at Haley Ranch Estates will address the deferred maintenance throughout the community. The interior finishes and cabinets will be replaced and the water intrusion issues will be mitigated by foundation repairs. In addition, many updates and repairs to the common areas are required and the parking lots will be repaved. Hillside Village Hillside Village, located at 12979 Community Rd., was first constructed in 2003 and is comprised of 15 two-story residential buildings, a community building, an onsite daycare facility, and on-premises parking. There are 71 townhome-style apartments ranging from 11 one-bedroom units with a bathroom, 19 two-bedroom units with a bathroom, 35 three-bedroom units with two full bathrooms, and 6 units with four-bedrooms and two bathrooms. Hillside Village has 25 homes at 35% AMI, 45 homes at 50% AMI, and one unit set-a-side for staff. Residents of the community have access to parking, a community center, laundry facility, computer lab, playground, basketball court, and 4 of 10December 5, 2023, Item #14barbeque area, and is close to public transportation. The proposed rehabilitation at Hillside Village will include the mitigation of water drainage issues, repairs and repaving of the parking lot, and replacement of sections of concrete in the walkways. In addition, the copper plumbing pipes will be replaced and seismic shut off valves will be installed for . all gas meters. Lastly, the exteriors will be treated for termites and painted, and the interiors will have walls repaired, painted, and new flooring installed. Parkview Terrace Lastly, Parkview Terrace, located at 13250 Civic Center Dr. was constructed in 1998. The community is comprised of 18 two-story residential buildings, a community building, and on-premises parking. There are 92 total units with 11 one-bedroom units with a bathroom, 36 two-bedroom units with a bathroom, 35 three-bedrooms with two and one-half bathrooms, and 10 units with four-bedrooms and two bathrooms. Parkview Terrace has 35 homes restricted at 35% AMI, 56 homes restricted at 50% AMI, and one unit set-a-side for staff. Residents have access to parking, a community center, laundry facility, computer lab, playground, tennis court, and barbeque area, and is located within walking distance of bus stops, shopping, restaurants, a medical clinic, and entertainment near Community Park, Poway Branch Library, and the civic center. The proposed rehabilitation at Parkview Terrace consists of common area updates, including new • landscaping, repair of stairways, accessible handrails, replacement of the security system and replacement of sections of sidewalk. The units will have new energy-efficient windows, new flooring, repairs to the walls, doors, and new appliances. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: There is no fiscal impact associated with approval of this item. If approved, each existing Ground Lease will be amended for a new 55-year term, including the respective annual payment obligations thereunder. Similarly, the Hillside Village Loan Agreement will be amended for a new 55-year term, with the Authority continuing to remain in second position in the cashflow waterfall and loan subordinations, payable through 50% of residual receipts, as required by the Deed of Trust. Public Notification: None. Attachments: A. Resolution B. Location Maps Reviewed/Approved By: Wendaserman Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney 5 of 10December 5, 2023, Item #14ATTACHMENT ARESOLUTION NO. H-23-A RESOLUTION OF THE POWAY HOUSING AUTHORITY APPROVING THE SUBMISSION OF APPLICATIONS FOR THE RESYNDICATION OF LOW-INCOME HOUSING TAX CREDITS AND TAX-EXEMPT BONDS FOR HALEY RANCH ESTATES, HILLSIDE VILLAGE, AND PARKVIEW TERRACE AFFORDABLE HOUSING COMMUNITIES WHEREAS, the Poway Housing Authority ("Authority") is a public body, corporate and politic, organized and existing under the Housing Authorities Law (Health & Safety Code § 34200 et seq.); WHEREAS, a fundamental purpose of the Housing Authorities Law is to expand the supply of low-and moderate-income housing (Health & Safety Code, § 33071 ); WHEREAS, Community HousingWorks, a nonprofit affordable housing developer, is the owner, through its affiliates, of three affordable housing communities in the City of Poway: Haley Ranch Estates, Hillside Village, and Parkview Terrace (collectively, the "Communities"); WHEREAS, the Authority provided a portion of the funding for the construction of the Communities; WHEREAS, Community HousingWorks has requested the Authority to support its reinvestment in the Communities by obtaining a new reservation of low-income housing tax credits and a new allocation of tax-exempt bonds to fund a portion of the rehabilitation of the Communities to enhance the viability of the Communities and quality of life for the residents; WHEREAS, Community HousingWorks has further requested the Authority's consideration for assigning, modifying, and extending the Authority's existing financial support and Regulatory Agreements as described in the staff report; and WHEREAS, the Authority has the power and authority to approve the transactions described below and no further action by the Poway Housing Authority Board shall be necessary to implement the transactions contemplated herein. NOW, THEREFORE, BE IT RESOLVED that the Poway Housing Authority is making the following findings in authorizing the submission of applications of low-income housing tax credits and tax-exempt bonds on behalf of the Communities, as follows: SECTION 1: Community HousingWorks is authorized to submit applications to apply for a new reservation of low-income housing tax credits and a new allocation of tax-exempt bonds to the California Tax Credit Allocation Committee and California Debt Limit Allocation Committee for the affordable communities of Haley Ranch Estates, Hillside Village, and Parkview Terrace. SECTION 2: The Executive Director is authorized to execute all necessary documents relating to the application and implementation of low-income housing tax credit resyndication for the affordable communities of Haley Ranch Estates, Hillside Village, and Parkview Terrace. SECTION 3: The Executive Director is authorized to execute all necessary documents relating to the support of Community HousingWorks ' applications for tax-exempt bond and low- 6 of 10December 5, 2023, Item #14Resolution No. H-23-Page 3 income housing tax credits for the communities of Haley Ranch Estates, Hillside Village, and Parkview Terrace, including, providing any needed commitment letters consistent with this resolution, review and approval of temporary relocation plans for community residents, and California Tax Credit Allocation Committee local reviewing agency packages. SECTION 4: The Executive Director is authorized to (i) transfer and assign the Ground Lease and Regulatory Agreement dated September 26, 2000 by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, and Haley Ranch Estates Housing Associates, L.P., to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, (ii) amend the Ground Lease to extend the initial term thereof for a new 55-year term, and (iii) amend the Regulatory Agreement to reaffirm the term thereof as in perpetuity. SECTION 5: The Executive Director is authorized to (i) transfer and assign the Ground Lease for Hillside Village, dated June 8, 2001, by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, and Community Housing of North County, to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, and (ii) ament the Ground to extend the initial term thereof for a new 55-year term. SECTION 6: The Executive Director is authorized to (i) transfer and assign the Regulatory Agreement for Hillside Village, dated February 5, 2002, by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, Breihan Housing Associates, L.P., and Community Housing of North County, to a new low-income housing tax credit partnership, yet to be formed, and (ii) amend the Regulatory Agreement to reaffirm the term thereof as in perpetuity. SECTION 7: The Executive Director is authorized to (i) transfer and assign the Loan Agreement for Hillside Village by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, and Breihan Housing Associates, L.P., to a new low-income housing tax credit partnership, yet to be formed, and, (ii) amend the Loan Agreement and Promissory Note to restate the loan amount thereunder to include the full principal amount of the Loan and all accrued interest through the date offinance closing, modify the interest rate on the Loan to the Applicable Federal Rate compounding in effect as of the date of finance closing, and extend the term of the Loan for a new 55-year term. SECTION 8: The Executive Director is authorized to (i) transfer and assign the Ground Lease and Regulatory Agreement for Parkview Terrace, dated August 29, 1997 by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, Community Housing of North County, and Bowron Road Group, L.P., to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, and (ii) amend the Ground Lease to extend the initial term thereof for a new 55-year term, and (iii) amend the Regulatory Agreement to reaffirm the term thereof as in perpetuity. II II II II 7 of 10December 5, 2023, Item #14Resolution No. H-23-Page 3 PASSED, ADOPTED AND APPROVED by the Poway Housing Authority of the City of Poway, California, at a regular meeting this fifth day of December, 2023 by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: ATTEST: Carrie Gallagher, CMC, Secretary Steve Vaus, Authority Chair Poway Housing Authority 8 of 10December 5, 2023, Item #14ATTACHMENT BHaley Ranch Estates 9 of 10December 5, 2023, Item #14Hillside Village Apartments 10 of 10December 5, 2023, Item #14Parkview Terrace Apartments December 5, 2023, Item #15DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway December 5, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services .DJ/I Judy Tran, Director of Finance r"" Alex Ubaldo, P.E., Principal Civil Engineer~ (858) 668-4602 or aubaldo@poway.org ~ Judy Tran, Director. of Finance (858) 668-4411 or jfran@poway.org Proposed Fiscal Year 2023-24 Capital Improvement Program CITY COUNCIL This report presents the proposed Capital Improvement Program (Budget) for Fiscal Year (FY) 2023-24 and provides a general status update on the overall Capital Improvement Program (CIP). Recommended Action: It is recommended the City Council adopt the Resolution (Attachment A) approving the CIP Budget for Fiscal Year 2023-24. Discussion: On June 13, 2023, the City Council adopted the Proposed Operating Budget for FY 2023-24. The CIP budget was omitted from the report and was to be separately brought forward to City Council for consideration later in the fiscal year due to staffing changes in Development Services and Finance. The City's CIP is administered by staff from the Engineering Division of the Development Services Department with the goal of maintaining and improving the City's infrastructure, and enhancing public facilities based upon community needs. Engineering staff provides professional engineering services in the planning, design, and construction of the CIP projects. The CIP is an ongoing process which matches available funds with prioritized needs. During program planning, staff takes inventory of the City's existing infrastructure and facilities, considers facility and system assessments completed by consultants as well as community needs, and then develops a prioritized project list consistent with community goals. Projects are prioritized and designed to achieve optimum use of available funding. Projects are categorized into the following categories: Streets, Drainage, Public Facilities, Water, and Sewer. An overview of the status of CIP projects is provided as Attachment B. 1 of 45 December 5, 2023, Item #15The City's CIP division will oversee 60 active and proposed projects, with $11.09 million appropriated in FY 2023-24 for a total of $80.64 million in appropriations for these projects. See Attachment C for the Capital Improvement Program. The fourth column titled "FY 2023-24 Appropriation" of the summary, on pages 3-5, highlights the proposed projects for FY 2023-24 where new funding is requested. This includes only new projects that staff will realistically work on prior to June 30, 2024. A comprehensive CIP for FY 2024-25 is already underway and will be brought forward for City Council consideration with the FY 2024-25 budget in June. Included in the CIP requests are projects that benefit the community with improvements to parks, sidewalks, facilities and street safety and maintenance, as well as water and sewer infrastructure, and drainage enhancements to ensure system reliability. STREETS The primary goal of projects within the Streets category is to extend the useful life of public streets, address capacity issues, maintain the City's traffic signals, refresh and update street striping and signage, and maximize efficiency for vehicles, bicycles, and pedestrians while ensuring public safety. The total proposed funding in the Streets category is $1.64 million, which comes from a variety offunding sources including Transnet and the Lighting District. This includes $1,385,700 for the FY 2023-24 Overlay Project, and $250,000 for Traffic Signal Controller Upgrades project, which is an ongoing program to upgrade the City's aging signal controllers. On-going, previously funded projects include: • The Traffic Signal Controller Upgrades, which will replace outdated and obsolete signal controllers with new controllers at 46 signal intersections. The project was recently bid, and the award of construction contract is anticipated in early February. • The Neighborhood Sidewalks (Powers and Garden Road areas) project is nearing design completion and will be advertised for construction this Spring and constructed in the Summer. • The Poway Road Safety Improvement project is a Caltrans funded project and will be bid this Spring with an anticipated construction start in the Summer. • FY 2023-24 Street Maintenance project applies slurry seal treatment in pavement areas in Zone 6 and is substantially complete. Punch list items are being addressed and the project will be taken to Council for acceptance upon completion. • FY 2023-24 Citywide Striping project is substantially complete and will be taken to Council for acceptance upon completion. • The Espola Road Safety Improvements Phase 2 is complete and was accepted by Council on September 19, 2023. • The FY 2022-23 Street Overlay Project is complete and is proposed to be accepted by Council on December 5, 2023. DRAINAGE The projects proposed within the drainage category have the goal of preserving and maintaining the existing infrastructure, including culverts, concrete channels and natural channels, and the ongoing annual replacement of deteriorating corrugated metal pipes (CMP). Drainage funding in the amount of $580,000 is being requested from the Drainage Fund. This includes $130,000 for the fifth year of the Annual Trash Capture Program, which is an unfunded mandate by the Regional Water Quality Control Board to capture all trash greater than 5mm, essentially anything larger than a cigarette butt, in priority land use areas (PLUs). PLUs include areas classified as commercial, industrial, and high density residential as well as transit stops. The City has ten years to comply with the region-wide mandate and is appropriating funding annually with the CIP budget to complete a portion of the program each year, which is in its fifth year. The annual Corrugated Metal Pipe (CMP) Repair/Replace project is proposed to receive $300,000 in funding for repair and/or replacement of deteriorating CMP 2 of 45 December 5, 2023, Item #15pipes throughout the City. The Pomerado Channel Rehabilitation is a newly proposed project to receive $150,000 to repair various sections of spa I led and eroded concrete along the channel between Glenoak Road to Tassel Road. On-going previously funded projects include: • The FY 2021-22 Annual Corrugated Metal Pipe Repair/Replace is complete. However, the contract will remain open to address emergency repairs that are being done as part of the construction contract. • The FY 2021-22 Annual Trash Program is complete and was accepted by the City Council on November 7, 2023. • The Community Park Concrete Ribbon Drain Project was awarded on October 17, 2023. Assessment of the existing conditions and preliminary design is underway. • The Rattlesnake Creek Streambank Stabilization Design is complete. FEMA is currently reviewing the City's application for the project's construction funding. PUBLIC FACILITIES The primary goal of projects within the Public Facilities category is the preservation and maintenance of over 100 public buildings and parks. This category also includes installation of new public facilities as well as renovation of existing facilities. Building maintenance tasks are typically combined to create . the annual Public Facilities Renovation project. The individual tasks that make up the Public Facilities Renovation project are accomplished by a • combination of City staff. In 2016, a Facility Needs Assessment was conducted which included a comprehensive assessment of select City facilities, with the assessment of each facility varying from an entire building assessment to roof and HVAC assessments only. It provided a ten-year list of corrective actions as well as continuous ongoing maintenance items at each assessed building. In January 2022, a Community Park Needs Assessment was adopted by the City Council identifying and prioritizing future improvements at Community Park. Funding for Public Facilities projects includes $127,398 for American with Disabilities Act (ADA) Barrier Removal addressing accessibility issues at Community Park in accordance with the ADA. The project is funded with Community Development Block Grant (CDBG) grant funds and is reimbursed through the grant funding upon completion of the work. A total of $1.98 million from the Capital Facilities Fund, Capital Improvement Fund, and Park Improvement Fund is proposed to implement Public Facilities Renovation projects for flooring and roofing repairs, general maintenance, painting, HVAC replacements, and other miscellaneous park facility maintenance. This is a series of maintenance projects typically managed by City staff. Funding from a combination of the Capital Improvement Fund, Park Improvement Fund, and Capital Facilities Fund in the amount of $1.30 million is also being requested for the Lifeguard Door and Pool Circulation Pump Replacements at the Swim Center, Zero Emission Vehicle Charging Station Study, replacement of the Fire Training Tower Pump and Fire Training Tower Ozone System, addition of a shade structure at Silverset Park, and the addition of a new restroom at Community Park, which was identified as a priority need in the Community Park Assessment. Funding from the Capital Improvement Fund in the amount of $500,000 is also being requested to increase the safety and security of City employees and the public visiting City facilities through facility improvements. Four projects are also being requested to install additional fiber optic infrastructure to interconnect City Hall with various facilities throughout the City. Funding for these projects in the amount of $759,484 would come from the Public Education and Government (PEG) Fund, which can be used for improving facilities related to public access broadcasting, government access television including videos for city council meetings, and digital access. The PCPA's first year construction projects will include the replacement of the roof and electrical units totaling $1 AS million and are proposed to be funded by the Capital Facilities Fund. Poway Unified School District (PUSD) will reimburse the City 35% of the construction cost once the projects are 3 of45 December 5, 2023, Item #15completed as required by the City of Poway, PUSD joint use agreement for the PCPA. On-going previously funded projects include: • The Upper Lake Playground Renovation construction is nearly complete. • The FY 2022-23 ADA Barrier Removal (Restroom) project is under construction with an anticipated completion in January. • The Starridge and Community Park Pathway Extension project is under construction with an anticipated completion in January. • The PCPA Facility Maintenance Design is at the 75% level design and the consultant is continuing to finalize the bidding documents. • The Fire Station 1 Interior Stairwell project is complete and is proposed for acceptance at the December 5, 2023, City Council meeting. • The Swim Center Artificial Turf Installation project was accepted at the April 1, 2023, City Council meeting. WATER In 2014, assessments of the City's water distribution system and Water Treatment Plant were completed, and a ten-year water CIP was developed from the assessments. There are eight previously funded projects in various stages of completion with the • primary goal of preserving existing infrastructure, including pipelines, reservoirs, pump stations, pressure reducing stations, and the Water Treatment Plant facility. The City recently issued the Series 2023 Water Revenue Bond to fund the replacement of the existing 10 million-gallon Clearwell tank with two new reservoirs that will serve the residents of Poway for generations. Water funding in the amount of $807,800 is being requested for three ongoing water projects, including the Annual Water Valve Replacement, and the R-4 and R-7 Reservoir Upgrade projects. Funding in the amount of $588,250 is also being requested for three new projects including the Utility Security Enhancement, Water Treatment Plant Chemical Tank Rehabilitation, and the Emergency Interconnection #1 Assessment. These projects were all contemplated when water rates were adopted in 2021. On-going previously funded projects include: • The R-4 and R-7 Reservoir Upgrade projects are in final design and will then go out to bid. • The Wash Water Tank No. 2 Rehabilitation project is in final design and will then go out to bid. • The Water Treatment Plant Filters Upgrade is in preliminary design. Staff is currently reviewing design proposals and will recommend the award of a design consultant agreement to City Council in 2024. • The Water Pump Stations Motor Control Center Upgrades are also in preliminary design. Staff is currently reviewing design proposals and will recommend the award of a design consultant agreement at the January 16, 2024, City Council meeting. • The Water Treatment Plant Security Upgrade is under construction. However, there has been a long lead time on the equipment order, which has delayed the installation. Several major water projects are also being managed including the Clearwell Replacement projects, Poway Treated Water Facilities and Redundant Pipeline, and the San Diego County Water Authority POW-5 Turnout. SEWER The primary goal of projects within the sewer category is preservation of existing infrastructure, 4 of45 December 5, 2023, Item #15including pipelines, manholes and lift stations, and providing increased flow capacity wherever identified as necessary. In 2013, an assessment was completed for the City's sanitary sewer distribution system. A ten-year sewer CIP was developed and included both capacity increasing projects and maintenance projects . . Sewer funding in the amount $195,000 is being requested to fund four assessment/studies including, the Treatment Plant Sludge Discharge Study, Wastewater Collection System Infiltration Study, and the preliminary design review of the Camino De Valle Lift Station Upgrade and Motor Control Center Replacement. These projects were all contemplated when sewer rates were adopted in 2021. Sewer funding in the amount of $521,541 is also being requested to fund the annual projects including the Annual Sewer Line Repair/Replace and the Annual Sewer Manhole Rehabilitation. On-going previously funded projects include: • The Butterfield Trail Sewer Upsize Project, which is currently at 50% level design completed. Environmental Review: This agenda item is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The overall fiscal impact for the proposed CIP is outlined throughout the report. Public Notification: None. Attachments: A. Resolution B. CIP Project Status List C. Fiscal Year 2023-24 CIP Program Reviewed/Approved By: Assistant City Manager 5 of 45 Reviewed By: Alan Fenstermacher City Attorney Approved By: (~-City Manager December 5, 2023, Item #15RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL CAPITAL IMPROVEMENT PROGRAM FOR THE FISCAL YEAR 2023-24 AND APPROPRIATING FUNDS WHEREAS, the City Council of the City of Poway has considered the proposed Capital Improvement Program; and WHEREAS, the City Council adopts a Capital Improvement Program with appropriations for the upcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: That certain documents now on file in the Office of the City Clerk of the City of Poway title "City of Poway, California FY 2023-'-24 Proposed Capital Improvement Program" (Budget), as amended if necessary, is hereby adopted as the FY 2023-24 Capital Improvement Program for the City of Poway along with the adjustments, if any, determined by the City Council as set forth in the minutes of the Council meeting of December 5, 2023. SECTION 2: That the legal level of budgetary control is the fund level. Budgets may not be exceeded at the fund level without appropriate authorization by the City Council except as provided herein. SECTION 3: That the City Manager may delegate any of the authority provided to them under this resolution. SECTION 4: That the City Manager is authorized to make such changes in capital improvement budget totals during the FY 2023-24 as may be, from time to time, deemed desirable and necessary in order to meet the City's needs in amounts not to exceed $100,000 per adjustment. SECTION 5: That the City Manager may authorize all transfers of funds from account to account within any department. SECTION 6: That the City Manager may authorize transfers of funds between departments within the same fund as may be necessary. SECTION 7: That the City Manager is authorized to continue all appropriations for encumbrances outstanding as of June 30, 2023, into FY 2023-24 as may be necessary. SECTION 8: That the City Manager is authorized to carry forward and appropriate unencumbered balances remaining at June 30, 2023 into FY 2023-24 as may be necessary. SECTION 9: That all appropriations in the Capital Improvement Program budget remaining unspent at June 30, 2023 are hereby carried forward and appropriated to FY 2023-24. SECTION 1 O: The Capital Improvement Program projects of the City of Poway are in conformance with the City of Poway Comprehensive Plan (General Plan) as governed by Section 6 of 45 ATTACHMENT A December 5, 2023, Item #1565402 of the California Government Code. Resolution No. 23-Page 2 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of December, 2023 by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 7 of 45 December 5, 2023, Item #15CIP PROIECT STATUS: Complete: 1. Reservoir Overflow Retrofits Project 2. Swim Center Artificial Turf Installation 3. FY 2021-22 Annual CMP Repair/Replace 4. Rattlesnake Creek Stream bank Stabilization Design 5. Espola Road Safety Improvements -Phase 2 6. FY 2021-22 Annual Trash Capture Program 7. FY 2022-23 Street Overlay 8. Fire Station 1 Interior Stairwell Project Substantially Complete: 1. FY 2023-24 Street Maintenance Project 2. FY 2023-24 Citywide Striping Project Under Construction/Studies: 1. Caustic Soda Tank Rehabilitation 2. Lake Poway Upper Playground 3. Water Treatment Plant Security Upgrades 4. Community Park and Starridge Park Pathway Extension 5. FY 2022-23 ADA Barrier Removal (Community Park Restroom) 6. Water Treatment Plant Security Upgrades 7. Clearwell Replacement (Public Works) Bid/Pre-Construction: 1. Traffic Signal Controller Upgrades Design: 1. Poway Road Safety Improvements 2. R-4 and R-7 Reservoir Rehabilitation 3. Neighborhood Sidewalks (Powers and Garden Areas) 4. Washwater Tank No. 2 Upgrades 5. Butterfield Trail Sewer Upsize 6. PCPA Projects Design 7. Poway Treated Water Facilities & Redundant Pipeline (Public Works) 8. SDCWA POW-5 Turnout and Flow Control Facility (Public Works) 9. FY 2023-24 Street Overlay 10. Community Park Concrete Ribbon Drain Pre-Design: 1. Water Treatment Plant Upgrade Filters 1-8 2. Water Pump Stations Motor Control Center Upgrades Proposed FY 2023-24 Projects: 1. Traffic Signal Controller Upgrades 2. FY 2023-24 Str~et Overlay 3. Annual CMP Repair/Replace 4. Annual Trash Capture Program 8 of 45 ATTACHMENT B December 5, 2023, Item #155. Channel Rehabilitation -Pomerado Channel 6. PCPA Facility Roof 7. PCPA Electrical 8. Swim Center Lifeguard Door Replacement 9. Pool Circulation Pump Replacement 10. Community Park Restroom 11. FY 2023-24 ADA Barrier Removal (Slack Street) 12. Silverset Park Shade Area 13. Xeriscaping at Poway Library 14. Zero Emission Vehicle Charging Infrastructure Study 15. Fire Training Tower Ozone System Replacement 16. Fire Training Tower Pump Repair 17. Workplace Safety Facility Improvements 18. Fiber Optic Interconnect -Fire Station 3 19. Fiber Optic Interconnect -Old Poway Park 20. Fiber Optic Interconnect -Community Park 21. Fiber Optic Interconnect -PCPA & PW Adm in 22. Annual Water Valve Replacement 23. Utility Security Enhancement 24. Water Treatment Plant Chemical Tank Rehab 25. Emergency Interconnection #1 Study 26. Annual Sewer Line Repair/Replace 27. Annual Sewer Manhole Rehabilitation 28. Treatment Plant Sludge Discharge Study 29. Camino De Valle Lift Station Upgrades PDR 30. Camino De Valle Lift Station MCC Rebuild 31. Wastewater Collection System Infiltration and Inflow Study 9 of 45 December 5, 2023, Item #15CAPITAL IMPROVEMENT PROGRAM CITY OF POWAY 10 of 45 ATTACHMENT C December 5, 2023, Item #15CAPITAL IMPROVEMENT PROGRAM OVERVIEW Source General Fund (1000) Capital Improvement (1060) Str. Dev./ Asmnt. (21 xx,22xx,2790) Drainage Fund (2310/2320) CDBG Fund (2410) State Grant Fund (2420) Federal Grant (2530) Water Fund (5100/5110) Sewer Fund (5200/5210) Capital Facilities (6170) PEG Fund (2860) Park Improvement (4110) Trusts (7xxx) Total Budget Total Prior Appropriations 98,120 216,000 5,387,934 4,254,796 159,157 208,707 589,980 47,888,323 7,255,159 1,652,390 -1,840,635 -$69,551,201 Proposed Appropriations -985,000 1,635,700 580,000 127,398 --1,396,050 716,541 3,480,290 1,406,975 761,000 -11,088,954 Total Project Appropriations by Funding Source 11 of 45 Use Streets Drainage Public Facilities Water Sewer Total Budget Total Prior .._ General I o% Capital Reinvestment 2% Proposed Appropriations Appropriations $ 6,076,034 $ 1,635,700 4,254,796 580,000 4,076,889 6,760,663 47,888,323 1,396,050 7,255,159 716,541 $69,551,201 $11,088,954 Sources and Uses Total Project Funding Spent Available Appropriations to Date Balance 98,120 -98,120 1,201,000 131 1,200,869 7,023,634 1,615,832 5,407,802 4,834,796 3,108,195 1,726,601 286,555 444 286,111 208,707 8,083 200,624 589,980 52,047 537,933 49,284,373 5,488,275 43,796,098 7,971,700 4,676,405 3,295,295 5,132,680 405,465 4,727,215 1,406,975 -1,406,975 2,601,635 7,495 2,594,140 ---$80,640,155 $15,362,374 $65,277,781 Total Project Appropriations by Project Type Total Project Funding Spent Available Appropriations to Date Balance $ 7,711,734 $1,667,880 $ 6,043,854 4,834,796 3,108,195 1,726,601 10,837,552 421,619 10,415,933 49,284,373 5,488,275 43,796,098 7,971,700 4,676,405 3,295,295 $80,640, 155 $15,362,374 $65,277,781 December 5, 2023, Item #15.... N 0 .... .i:,. u, Streets Traffic Signal Controller Upgrades Neighborhood Sidewalks Poway Road Safety Improvements FY 2022-23 Street Overlay Espola Road Median FY 2023-24 Street Maintenance FY 2023-24 Citywide Striping FY 2023-24 Street Overlay Total Streets Drainage Corrugated Metal Pipe Replcmt. Annual Trash Capture Program Community Park Concrete Ribbon Drain Assessment Channel Rehabilitation -Pomerado Channel Total Drainage Funding Source Definitions 1000 -General Fund 1060 -Capital Improvement 2110 -Gas Tax 2120 -Road Repair & Acct Act 2017 Funding _ ProJec.t No. _ Source STR0012/ST012 2790 STR0014 2230 ST018 1000/2530 ST023 2230 ST025 2230 ST026 2120/2240 ST027 1000/2110 2230 I DR001 2310/2320 DR00S 2310 DR008 2310 2310 2220 -Street Development Fund 2230 -Transnet 2240 -Traffic Congestion Fund 2260 -Regional Transportation Total Prior Appropriations 1,285,000 315,000 604,100 1,108,700 783,900 1,515,334 464,000 - 1$ 6,076,034 3,595,131 520,000 139,665 - $ 4,254,796 CAPITAL IMPROVEMENT PROGRAM Summary FY 2023-24 Total Project Expenditures Available Appropriation Appropriation (thru June 2023) Balance -· -·--• ·---------· -·----- 250,000 1,535,000 613,858 921,142 -315,000 -315,000 -604,100 52,047 552,053 -1,108,700 1,001,892 106,808 -783,900 -783,900 -1,515,334 41 1,515,293 -464,000 41 463,959 1,385,700 1,385,700 -1,385,700 $ 1,635,700 $ 7,711,734 I $ 1,661,sso I $ 6,043,854 300,000 130,000 - 150,000 $ 580,000 $ 2310/2320 -Drainage Funds 2410 -CDBG Fund 2420 -State Grant Fund 2530 -Federal Grant Fund 3,895,131 650,000 139,665 150,000 4,834,796 3,046,879 61,316 - - $ 3,108,195 I $ 5100/5110-Water Funds 5200/521 0 -Sewer Funds 6170 -Capital Facilities 848,252 588,684 139,665 150,000 1,726,601 December 5, 2023, Item #15~ w 0 ..... .i:,. U1 ~ject N~. _ Public Facilities Upper Lake Poway Playground Renov. PK0202 2022-23 ADA Barrier Removal PK022 Starridge & Community Park Pathway Extension PK023/PK024 PCPA Facility Maintenance Design MN030 Public Facilities Renov. -FY23 General MN033 Funding Total Prior CAPITAL IMPROVEMENT PROGRAM Summary FY 2023-24 Source I Appropri_ations_l~ppropriation Total Project A~prop_!!~tio_n _ Expenditures (thrnJune 2023) Available Balance 1000/2420 1,807,495 1,807,495 15,578 1,791,917 1000/2410 292,504 292,504 444 292,060 1060 324,500 324,500 131 324,369 6170 679,090 679,090 679,090 6170 290,000 290,000 109,819 180,181 Public Facilities Renov. -FY23 HVAC MN034 6170 341,000 341 ,000 101,539 239,461 Public Facilities Renovation -FY23 Roof MN035 6170 157,300 157,300 145,378 11,922 Public Facilities Renov. -FY23 Flooring MN039 6170 185,000 185,000 48,729 136,271 Public Facilities Renov. -FY24 General 1060/4110 1,005,000 1,005,000 1,005,000 Public Facilities Renov. -FY24 HVAC 6170 471,200 471,200 471,200 Public Facilities Renovation -FY24 Roof 6170 88,000 88,000 88,000 PCPA Facility Roofing 6170 1,315,363 1,315,363 1,315,363 PCPA Facility Electrical 6170 130,277 130,277 130,277 Lifeguard Door Replacement 6170 48,500 48,500 48,500 Pool Circulation Pump Replacement 6170 199,200 199,200 199,200 Community Park Restroom 4110 582,400 582,400 582,400 2023-24 ADA Barrier Removal 2410 127,398 127,398 127,398 Public Facilities Renov. -FY24 Painting 6170 365,000 365,000 365,000 Public Facilities Renov. -FY24 Silverset Shade Area 4110 241,000 241 ,000 241 ,000 Xeriscaping at Poway Library 6170 48,750 48,750 48,750 FY24 Zero Emission Vehicle Charging Infra. Study 1060 135,000 135,000 135,000 Fire Training Tower Ozone System Replacement 1000 18,650 18,650 18,650 Fire Training Tower Pump Repair 1000 77,950 77,950 77,950 Workplace Safety Facility Improvements 1060 500,000 500,000 500,000 Fiber Optic Interconnect - F ire Station 3 2860 34,527 34,527 34,527 Fiber Optic Interconnect -Old Poway Park 2860 291,272 291 ,272 291,272 Fiber Optic Interconnect -Community Park 2860 109,939 109,939 109,939 Fiber Optic Interconnect -PCPA & PW Admin 2860 971,237 971 ,237 971,237 Total Public Facilities $ 4,076,889 $ 6,760,663 $ 10,837,552 $ 421,619 I $ 10,415,933 Funding Source Definitions 1000 -General Fund -2220 -Street Development Fund 2230 -Transnet 2310/2320 -Drainage Funds 2410 -CDBG Fund 5100/511 O -Water Funds 5200/5210 -Sewer Funds 6170 -Capital Facilities 1060 -Capital Improvement 2110 -GasTax 2120 -Road Repair & Acct Act 2017 2240 -Traffic Congestion Fund 2260 -Regional Transportation 2420 -State Grant Fund 2530 -Federal Grant Fund December 5, 2023, Item #15..... .i::,. 0 ...., .i::,. U1 CAPITAL IMPROVEMENT PROGRAM Summary Water Annual Water Valve Replacement Clearwell Replacement Poway Treated Water Facilities & Redundant Pipeline Caustic Tank Rehabilitation R-4 Reservoir Upgrades R-7 Reservoir Rehabilitation Washwater Tank No. 2 Upgrades WTP Upgrade Filters 1-8 WTP Security Upgrades SDCWA POW-5 Turnout & FCF MCC Upgrades (PS-8, P5-9, PS-10, PS-11, PS-12) Utility Security Enhancement Water Treatment Plant Chemical Tank Rehab Emergency Interconnection #1 (Avenida La Valencia) Project No. WTR0002 WTR0027 WTR0028 WT032 WT033 WT034 WT036 WT037 WT038 WT040 WT041 Funding Source 5100 5100 5100 5100 5100 5100 5100 5100 5100 5100 5100 5100 5100 5100 Total Prior tT L.U.l..:S-.l4 Appropriations Appropriation 795,000 191,000 39,423,274 - 3,165,923 - 160,000 - 66,550 170,000 622,000 446,800 563,000 - 400,000 - 90,000 - 1,887,576 - 715,000 - -288,250 -225,000 -75,000 Total Project Expenditures Available Appropriation (thru June 2023) Balance -- 986,000 624,189 361,811 39,423,274 1,787,494 37,635,780 3,165,923 1,985,729 1,180,194 160,000 36,734 123,266 236,550 -236,550 1,068,800 29,945 1,038,855 563,000 13,181 549,819 400,000 -400,000 90,000 398 89,602 1,887,576 1,010,606 876,970 715,000 -715,000 288,250 -288,250 225,000 -225,000 75,000 -75,000 Total Water I $ 47,888,323 $ 1,396,050 $ 49,284,373 I $ s.4ss.21s I $ 43.796,o9s Sewer Annual Swr. Line Repair/Replace Annual Swr. Manhole Rehabilitation Butterfield Trail Sewer Upsize Treatment Plant Sludge Discharge Study Camino De Valle Lift Station Upgrades PDR Camino De Valle Lift Station (LS3) MCC Rebuild PDR Wastewater Collection System Infiltration & Inflow Study Total Sewer Project No. SW001 SW002 SW003 Funding Source 5200 5200 5200 5200 5200 5200 5200 I Total Prior FY 2023-24 Appropriations Appropriation 2,925,855 331,038 3,006,304 190,503 1,323,000 - -25,000 -45,000 -50,000 -75,000 1$ 7,255,159 $ 716,541 Total Project Expenditures Available Appropriation (thru June 2023) Balance 3,256,893 2,215,713 1,041 ,180 3,196,807 2,456,342 740,465 1,323,000 4,350 1,318,650 25,000 -25,000 45,000 -45,000 50,000 -50,000 75,000 -75,000 $ 7,971,700 $ 4,676,4os I $ 3,295,295 Grand Total Capital Projects $ 69,551,201 $ 11,088,954 $ 80,640,155 $ 15,362,374 $ 65,277,781 Funding Source Defin_i_ti_o_n_s _____________________________________________ _ -fooo --Ge neral Fund 2220 -Street Development Fund 2310/2320 -Drainage Funds 5100/511 0 -Water Funds 1060-Capital Improvement 2230-Transnet 2410 -CDBG Fund 5200/5210-Sewer Funds 211 o -Gas Tax 2240 -Traffic Congestion Fund 2420 -State Grant Fund 6170 -Capital Facilities 2120 -Road Repair & Acct Act 2017 2260 -Regional Transportation 2530 -Federal Grant Fund December 5, 2023, Item #15Capital Improvement Program (Streets) Traffic Signal Controller Upgrades -CIP #STR0012/ST012 Project Manager: Responsible Department: Estimated Completion: Description: Alex Ubaldo Development Services Ongoing Annual program to replace existing cabinets, controllers, conduit, wiring and miscellaneous equipment as necessary to maintain uninterrupted operations of several of the City's signals. FY 2023-24 Total Prior Approp. Appropriation 1,285,000 250,000 Total Approp. 1,535,000 Funding Source Lighting Dist. (2790) Total Budget $ 1,285,000 $ 2so,ooo I $ 1,535,000 Estimated Annual Operating Budget Impact $0 Life-to-Date Expended I Available June 2023 I Balance 613,sss I 921,142 $ 613,858 : $ 921,142 Capital Improvement Program (Streets) Neighborhood Sidewalks (Powers & Garden Areas) -CIP #ST014 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Development Services July 2019 June 2024 This project will install sidewalks along areas of Powers Road and Garden Road where sidewalks do not currently exist. The project will also replace driveway approaches within the project limits to provide an ADA accessible walkway across driveways. FY 2023-24 Total Prior Approp. Appropriation 315,000 -Total Approp. 315,000 Funding Source Transnet 70% (2230) Total Budget $ 31s,ooo I $ -I $ 315,000 Estimated Annual Operating Budget Impact: $0 15 of 45 Life-to-Date Expended l Available June 2023 ! Balance -I 315,000 $ -I $ 315,000 December 5, 2023, Item #15Capital Improvement Program (Streets) Poway Road Safety Improvements -CIP #ST018 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Alex Ubaldo Development Services January 2022 December 2024 This project is a Highway Safety Improvement Program (HSIP) grant funded project to improve the Poway Road corridor between Oak Knoll Road and Garden Road. The improvements include providing advanced dilemma zone detection, implement leading pedestrian interval timing, creating directional median openings, and installing and upgrading intersection regulatory signs. · I FY 2023-24 •. I Life-to-Date Expended I Available Funding Source Total Prior Approp. Appropriation Total ~pproJl. June 2023 _ Balance Federal Grant (2530) 589,980 589,980 52,047 537,933 General Fund (1000) _____ 1_4'-, 1_20 _______ -.;..I ____ 1_4"-, 1_2_0.;...I _______ -___ I ___ 1 __ 4,'-1_20_ Total Budget $ 604,100 I $ I $ 604,100 I $ 52,047 1 $ 552,053 Estimated Annual Operating Budget Impact: $0 Capital Improvement Program (Streets) FY 2022-23 Street Overlay-CIP #ST023 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Andrea Thomas Development Services March, annually June, annually The City annually overlays or reconstructs portions of public streets that have deteriorated to a level that requires more than patching and slurry seal. The project also includes survey monument preservation, utility lid raise to grade, and Americans With Disabilities Act (ADA) upgrades to existing pedestrian ramps. This project is located within Pavement Management Zone 6 to coincide with the FY 2022-23 Street Maintenance project and includes Espola Road between Twin Peaks Road and Titan Way which had previously been skipped due to ongoing construction. FY 2023-24 Funding Source Total Prior Approp.1 Appropriation Tra nsnet 70% (2230) 1,108,700 Total Budget $ 1,108,700 $ Estimated Annual Operating Budget Impact: $0 16 of 45 Total Approp. 1,108,700 Life-to-Date Expended June 2023 $ 1,108,700 $ 1,001,892 1,001,892 $ Available Balance 106,808 106,808 December 5, 2023, Item #15Capital Improvement Program (Streets) FY 2023-24 Street Maintenance -CIP #ST026 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Andrea Thomas Development Services July, annually November, annually The street maintenance project is a continuation of the annual Citywide street maintenance program. The program is an eight-year rotation through eight street maintenance zones providing deep patching, skin patching, crack sealing, slurry sealing, and raising utility lids to grade as needed. In Fiscal Year 2023-24 the program will address Zone 6, which encompasses residential and arterial streets south of Espola Road, north of Twin Peaks Road, east of Pomerado Road and west of Summer Sage Road. The project also includes the Adobe Ridge neighborhood just south of Camino del Norte. FY 2023-24 Funding Source Total Prior Approp. Appropr~tio_~ Total Approp. Transnet 30% (2240)! ___ ~o.~oo -1 --_ ?1 O~OQO I Life-to-Date Expended June 20~3-Available Balance 310,000 Road Maint(2120)~ __ 1,205,334, 1,205,334 41 1 1,205,293 Total Budget $ 1,515,334 I $ $ 1,515,-334j$ _______ 41T$ 1,5'15,293 Estimated Annual Operating Budget Impact: $0 Capital Improvement Program (Streets) FY 2023-24 Street Overlay -CIP #ST0xx Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Andrea Thomas Development Services March, annually June, annually The City annually overlays or reconstructs portions of public streets that have deteriorated to a level that requires more than patching and slurry seal. The project also includes survey monument preservation, utility lid raise to grade, and Americans With Disabilities Act (ADA) upgrades to existing pedestrian ramps. This project is located within Pavement Management Zone 7 to coincide with the FY 2023-24 Street Maintenance project. I FY 2023-24 Funding Source Total Prior Approp. Appropriation Transnet 70% (2230) 1,385,700 Tota~ Approp. 1,385,700 Life-to-Date Expended June 2023 Total Budget $ $ 1,385,700 . $ 1,385,700 $ - $ Estimated Annual Operating Budget Impact: $0 17 of 45 Available Balance -1,385,700 1,385,700 December 5, 2023, Item #15Capital Improvement Program (Streets) FY 2023-24 Citywide Striping -CIP #ST027 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Andrea Thomas Development Services July, annually June annually This annual project provides restriping of the streets within the zone that receives slurry seal in the annual street maintenance project. When the street maintenance zone is an odd numbered zone, this project also refreshes striping in the other three odd numbered zones, when the street maintenance zone is an even numbered zone, the project refreshes the striping in the other three even numbered zones. Under this rotation, all public street striping in the City is refreshed or replaced every two years. The restriping of slurry sealed zones will include the adding of buffer zones to bike lanes, and replacing traditional crosswalk striping with "continental" striping. Funding Source Total Prior Approp. Gas Tax (2110) 380,000 General Fund (1000) 84,000 Total Budget $ 464,000 FY 2023-24 Appropriation $ Estimated Annual Operating Budget Impact: $0 Total Approp. 380,000 84,000 I Life-to-Date Expended June 2023 41 -- $ 464,000 $ 41 $ Available Balance 379,959 84,000 463,959 Capital Improvement Program (Streets) Espola Road Median -CIP #ST025 Project Manager: TBD Responsible Department: Start Date: Estimated Completion: Description: Development Services July 2024 June 2026 This project proposes to install raised landscaped medians along Espola Road from just north of Country Day Lane to just east of Old Coach Road. Funding Source Total Prior Approp. I Transnet 70% (2230) 783,900 FY 2023-24 Appropriation I Life-to-Date Expended I Total Approp. ; June 2023 783,900 Total Budget $ 783,900 $ - $ 783,900 $ - $ Estimated Annual Operating Budget Impact: $0 18 of 45 Available Balance 783,900 783,900 December 5, 2023, Item #15Capital Improvement Program (Drainage) Corrugated Metal Pipe Annual Repair/Replace -CIP #DR001 Project Manager: Responsible Department: Estimated Completion: Description: Jeff Beers Development Services Ongoing This fund is used to replace or repair failing corrugated metal drainage pipes citywide. The Fiscal Year 2023-24 project will replace or repair failing corrugated metal pipe based upon staff evaluation and prioritizations in the 2017 Citywide Corrugated Metal Pipe Condition Assessment or as identified by Public Works staff. FY 2023-24 Funding Source Total Prior Approp: _Appropriation Drainage (2310) 3,567,281 , 300,000 Drainage Imp. (2320) 27,850 1 "Total Appr:.?~-3,867,281 27,850 Life-to-Date Expended June 2023 3,019,029 27,850 Total Budget $ 3,595,1311 $ 300,000 $ 3,895,131 I $ 3,046,879 $ Estimated Annual Operating Budget Impact: $0 Available Balance 848,252 848,252 Capital Improvement Program (Drainage) Annual Trash Capture Program -CIP #DR00S Project Manager: Responsible Department: Estimated Completion: Description: Andrea Thomas Development Services Ongoing This annual project will install trash capture devices at inlets located in Priority Land Use (PLU) areas as required by Order No. R9-2017-0077 (Order) issued by the Regional Water Quality Control Board in 2017. Per the requirements of the Order, the City must be in full compliance with the order in 10 years and must install 10% of the PLU inlets each year. FY 2023-24 Funding Source Total Prior Approp.. Appropriation Drainage (2310) 520,000 130,000 Life-to-Date Expended June 2023 61,316 Total Approp. 650,000 650,000 $ Total Budget $ 520,000 $ 130,000 $ 61,316 $ Estimated Annual Operating Budget Impact $ 0 19 of 45 Available Balance 588,684 588,684 December 5, 2023, Item #15Capital Improvement Program {Drainage) Community Park Concrete Ribbon Drain Assessment -CIP #DR008 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Alex Ubaldo Development Services October 2023 June 2024 The concrete lining along approximately 550 lineal feet of the Community Park concrete channel has deteriorated, exposing the earth in several locations. During storm activity, water flowing through the channel further erodes the exposed earth and undermines the concrete. This project entails evaluation of approximately 550 lineal feet of open earthen channel and concrete ribbon gutter to determine hydrological and structural integrity of that portion within Community Park. The report includes evaluation, recommendations for remediation/repair options of damaged/eroded channel and erosion prevention along sides/bottom of channel within that portion with a cost benefit analysis, and summary of actions for required Federal, State and/or local permitting for each option presented. FY 2023-24 Funding Source Total Prior Approp. I Appropriation Drainage (2310) -· • 139,665 : ---j Life-to-Date Expended : Total Approp. I June 2023 139,665 ·1 --·--Available Balance - -139,665 Total Budget $ 139,665 : $ -: $ 139,66s I $ -$ 139,665 Estimated Annual Operating Budget Impact: $ 0 Capital Improvement Program {Drainage) Channel Rehabilitation -Pomerado Channel -CIP #DROXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Development Services TBD TBD Repair various sections of spalled/eroded concrete along the Pomerado concrete channel that runs parallel (eastern side) to Pomerado Road from Laja Drive to Tassel Road. This cchannel is vital to stormwater conveyance from the northwest section of Poway to the southern earthen channels, and runs through dense neighborhoods. Undermining has started to occur in serveral of the damaged areas, threatening the integrity of the channel and private properties adjacent to the channel. Furthermore, the damaged concrete makes annual cleaning activities extremely challenging. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation Total Approp. June 2023 Balance Drainage (231 0) ___________ 1_5_0:....,0_0_0 ____ 15_o..;...o_o_o_,---------,----15_o""",o_o_o Total Budget $ $ 150,000 $ 150,000 $ - $ 150,000 Estimated Annual Operating Budget Impact $ 0 20 of 45 December 5, 2023, Item #15City of Poway -Capital Improvement Program (Public Facilities) Upper Lake Poway Playground Renovation -CIP #PK020 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Jeff Beers Development Services July 2021 December 2023 This project consists of installing new compliant playground structures and retrofitting playground surfaces for the 2 to 5 years of age and 5 to 12 years of age portions of the Upper Lake Poway playground. The existing poured-in-place surface will be retrofitted with a new interlocking rubber tile system (PlayMatta) over the existing rubberized pad with the 2 to 5 years of age portion of the playground and the fiber mulch will be removed and replaced with a new concrete slab, base layer, and a new interlocking rubber tile system for the 5 to 12 years of age portion. New shade covers and benches will also be installed. The new standard design structures will be suitable for toddlers ranging from 2 to 5 years of age and youths from 5 to 12 years of age. 1 FY 2023-24 I Life-to-Date Expended • Available Funding Source Total Prior Approp._ Appropriation Total Approp. L 1ne 20~ __ _ Balance Park lmprovement(4110) 1,598,788, __ _____ _ \?98,7~ ____ 7,49~ __ -~591,29~ State Grant Fund (2420) 208,707 ~ 208,707 I 8,083 200,624 Total Budget $ 1,807,495 $ $ 1,807.495 I $ 15,578 $ 1,791,917 ; Estimated Annual Operating Budget Impact: $0 City of Poway -Capital Improvement Program (Public Facilities) 2022-23 ADA Barrier Removal -Community Park Path of Travel -CIP #PK022 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Jeff Beers Development Services December, annually June, annually This is an annual Community Development Block Grant (CDBG) funded program to remove Americans with Disabilities Act (ADA) barriers and improve access to various public facilities. The 2022-23 project will address ADA issues at Community Park, including accessibility improvements to the public restrooms and replacing ADA compliant paths of travel and ramps. FY 2023-24 Funding Source Total Prior Approp. Appropriation Park Improvement (4110) 133,347 CDBG Fund (2410) 159,157 21 olJls'11 Budget $ 292,504 $ Estimated Annual Operating Budget Impact: $0 Life-to-Date Expended June 2023 Total Approp. 133,347 159,157 292,504 $ $ 444 444 $ Available Balance 133,347 158,713 292,060 December 5, 2023, Item #15City of Poway -Capital Improvement Program (Public Facilities) Parks Sidewalk & Pathways Extension -CIP #PK024 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Jeff Beers Development Services December 2022 December 2023 The project will extend the pathway at Starridge Park to create a complete loop, allowing joggers, children on bicycles, parents walking with strollers, etc. to go all the way around the park instead of turning around. This would increase the usability of the park as intended. The Project will also extend the existing concrete sidewalk at Community Park from the Skate Park to the Creek Crossing to improve connectivity between the existing pedestrian travel paths and improve ADA accessibility. FY 2023-24 Funding Source T_otal Prior Approp. ~ppropri~ion_ Capital Improvement (1060) 216,000 Park Improvement (4110) _ _ __ 108,500 Total Budget $ 324,500 $ Estimated Annual Operating Budget Impact: $0 ~;a~------=---i~;;;;=-::-3iiP7:~;;:;:;r'!!.':) I I e-o-a e xpen e Total Approp. • --216~00-r--_J_~ne 2023 _ 131 108,500 -----$ 324,500 I $ 131 $ Balance 215,869 108,500 324,369 City of Poway -Capital Improvement Program (Public Facilities) PCPA Facility Maintenance Design -CIP #MN030 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Jeff Beers Development Services July 2021 TBD The Poway Center for Performing Arts (PCPA) opened in 1990. This project provides the design for various capital improvements to upgrade the aging equipment and bringing the facility up to compliance with current codes. FY 2023-24 1 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation Total Approp. June 2023 . Balance Capital Facilities (6170) _____ 67_9...:.,0_9_0 ___________ 67_9...:.,0_9_0_, ____________ 67_9-'-,0_9_0_ Total Budget $ 679,090 $ $ 679,090 $ $ 679,090 Estimated Annual Operating Budget Impact: $0 22 of 45 December 5, 2023, Item #15City of Poway -Capital Improvement Program (Public Facilities) Public Facilities Renovation -FY 23 General -CIP # MN033 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Dev. Services/Public Works August 2022 June 2023 This project addresses maintenance issues at various City facilities. The proposed work includes replacing windows, door frames, doors, railings, wood beams, and trellises, and refinishing wooden doors at City Hall, City Council Chambers, Swim Center, Templars Hall at Old Poway Park, Lake Poway restroom and pavilion, and Adobe Ridge Park. These replacements will support on-going City operations for these facilities. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Ap_propriation _Total Approp._ J~ne 2023 Balance Capital Facilities (6170) _____ 29_0..:..,0_0_0 __________ 2_9_0..:..,0_0_0 ______ 1_0....:9,_8_19 ____ 1_8_0,_, 1_8_1 Total Budget $ 290,000 $ $ 290,000 ' $ 109,819 $ 180,181 Estimated Annual Operating Budget Impact: $0 City of Poway -Capital Improvement Program (Public Facilities) Public Facilities Renovation -FY 23 HVAC Replacement -CIP # MN034 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Dev. Services/Public Works August 2022 June 2023 This project consists of replacements of HVAC units that have outlived its useful life. The units were recommended from a HVAC assessment report and are located at the Old Poway Park Museum, Old Poway Park Office, Public Works Fleet Maintenance, Public Works Administration building, Public Works Material Handling Yard, Water Treatment building, Lake Poway Community Services office, Lake Poway Pavilion, and Kumeyaay. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriat~on Total Appr~p. June 2023 Balance Capital Facilities (6170) _____ 34_1..:..,o_o_o ___________ 34_1..:..,0_0_0 ______ 1_0-'1,'--s_39 ____ 2_3_9..;..,4_6_1 Total Budget $ 341,000 $ $ 341,000 $ 101,539 $ 239,461 Estimated Annual Operating Budget Impact: $0 23 of 45 December 5, 2023, Item #15City of Poway -Capital Improvement Program (Public Facilities) Public Facilities Renovation -FY 23 Roofing Replacement -CIP # MN035 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Dev. Services/Public Works August 2022 June 2023 This project will replace roofs at the Pool Locker Room building, Old Poway Park Museum mechanical well, Public Works Administration mechanical well, the Lake Poway Community Services Office storage lean-to building, and the Lake Poway Parks Office building. The roofs have outlived their useful lives. In order to maintain a weatherproof building envelope, replacement of these roofs is recommended. These replacements will support on-going City operations for these locations. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. AjlprJpriation Total Apj)rop. June 2023 Balance Capital Facilities (6170) _____ 15_7-'-,3_0_0 ___________ 15_7-'-,3_0_0 ______ 1_4...:5,_37_8 ____ 1_1.:.;.,9_2_2 Total Budget $ 157,300 $ $ 157,300 $ 145,378 $ 11,922 Estimated Annual Operating Budget Impact: $0 City of Poway -Capital Improvement Program (Public Facilities) Public Facilities Renovation -FY 23 Flooring Replacement -CIP # MN039 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Public Works Dev. Services/Public Works August 2022 June 2023 This project consists replacing flooring at the Swim Center, Porter House kitchen at Old Poway Park, and Lake Poway Pavilion. Additionally, new epoxy flooring will be installed in the shop area of the Public Works Fleet Maintenance building. The replacements are recommended based off of observation of failing floors. The epoxy flooring for Fleet Maintenance is recommended to maintain a safe workspace area that is anti-slip and easier to clean. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation Total_ ~pjlrop. June 2023 Balance Capital Facilities (6170) _____ 1_85....:.,_00_0 ___________ 1_85....:.'.;...00'-0 _______ 4_8.:....,7_2_9 ____ 13.;..6;.:.,2.;..7--'-1 Total Budget $ 185,000 $ $ 185,000 $ 48,729 $ 136,271 Estimated Annual Operating Budget Impact: $0 24 of 45 December 5, 2023, Item #15City of Poway -Capital Improvement Program (Public Facilities) ' Public Facilities Renovation -FY 24 General -CIP # MNOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Public Works Dev. Services/Public Works December 2023 June 2024 This project addresses maintenance issues at various City facilities. The proposed work includes replacing windows at various City facilities including at the Templars, Train Barn, Water Treatment Plant, and City Hall. The proposed work will also replace tennis court fencing and lights at Community Park, both gate motor replacement at the Sheriff, and other repairs as needed. These replacements will support on-going City operations for these facilities. FY 2023-24 Funding Source Total Prior Approp.1 Appropriation ; _ Total Approp. Capital Improvement (1060) 485,000 485,000 Park Improvement (4110) 520,000 520,000 Life-to-Date Expended 1 June 2023 Total Budget $ / $ 1,005,000 1 $ 1,005,000 $ 1$ Available Balance 485,000 520,000 1,005,000 Estimated Annual Operating Budget Impact: $0 City of Poway -Capital Improvement Program (Public Facilities) Public Facilities Renovation -FY 24 HVAC Replacement-CIP # MNOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Public Works Dev. Services/Public Works December 2023 June 2024 This project consists of replacements of HVAC units that have outlived its useful life. The units were recommended from a HVAC assessment report and are located at City Hall server room, Fire Station 2, and the Library. The proposed work will also include the replacement of the domestic water boiler for the Pool. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation Total Approp. Ju~e 2023 Balance Ca pita I Facilities (6170) ___________ 4'-7'-1,_,2'-0-'-0 ____ 4_71....:.,2::..0:....:0'------------'--47'-1....:.,2::..0~0 Total Budget $ $ 471,200 $ 471,200 $ $ 471,200 Estimated Annual Operating Budget Impact: $0 25 of 45 December 5, 2023, Item #15City of Poway -Capital Improvement Program (Public Facilities) Public Facilities Renovation -FY 24 Roofing Replacement -CIP # MNOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Public Works Dev. Services/Public Works December 2023 June 2024 This project will replace roofs at the Crosthwaite Operations Building, Starridge flat roof portion, and the Public Works vehicle storage. The roofs have outlived their useful lives. In order to maintain a weatherproof building envelope, replacement of these roofs is recommended. These replacements will support on-going City operations for these locations. FY 2023-24 Life-to-Date Expended I Available Funding Source !otal Prior Approp. ~ppropriation Total Approp. June 2023 Balance Capital Facilities (6170) ___________ 8_8,_0_00 _____ 8_8..;.,0_0_0 ____________ 8_8_,o_o_o Total Budget $ I $ 88,000 $ 88,000 $ $ 88,000 Estimated Annual Operating Budget Impact $0 City of Poway -Capital Improvement Program (Public Facilities) PCPA Facility Roofing -CIP #MNOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Development Services March 2024 December 2024 Roof replacement is included in the first year of the 6-year PCPA CIP plan. Design of this project is included in the large design project, already in progress. This project will be reimbursed at 35% by PUSD after completion. In order to maintain a weatherproof building envelope, replacement of these roofs is recommended. These replacements will support on-going City operations for these locations. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation Total Approp. June 2023 Balance Capital Facilities (6170) __________ 1..;..,3_1_5'-,3_6_3 ___ ....;1 ,_3_15""'",3_6_3 ___________ """1,_31_5..;.,3_6_3 Total Budget $ $ 1,315,363 $ 1,315,363 $ $ 1,315,363 Estimated Annual Operating Budget Impact: $0 26 of 45 December 5, 2023, Item #15City of Poway -Capital Improvement Program (Public Facilities) PCPA Facility Electrical -CIP #MNOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Development Services March 2024 December 2024 Transformer replacement is included in the first year of the 6-year PCPA CIP plan. Design of this project is included in the large design project, already in progress. This project will be reimbursed at 35% by PUSD after completion (funds will be received in FY25). The electric transformers are nearing the end of their useful life and replacement will bring it up to code. FY 2023-24 1 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation _ T~ta_l Approp. ' ___ June 2023 __ ·--!3alance Capital Facilities (6170) 130,277 130,277 I 130,277 Total Budget $ $ 130,277 $ 130,277 ' $ $ 130,277 Estimated Annual Operating Budget Impact: $0 City of Poway -Capital Improvement Program {Public Facilities) Lifeguard Door Replacement -CIP #MNOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Development Services March 2024 December 2024 The proposed work consists of the replacement of the doors at the lifeguar room at the pool. The locking mechanism at two of the doors have repeatedly failed creating a safety hazard when responding lifeguards aren't able to quickly access the first aid room, the AED, and other emergency equipment. FY 2023-24 Funding Source Total Prior Approp. . Approprjation Capital Facilities (6170) 48,500 Total Budget $ $ 48,500 $ Estimated Annual Operating Budget Impact: $0 27 of 45 Life-to-Date Expended Total Approp. 1 June 2023 48,500 48,500 · $ $ Available Balance 48,500 48,500 December 5, 2023, Item #15City of Poway -Capital Improvement Program {Public Facilities) Pool Circulation Pump Replacement -CIP #MNOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Development Services March 2024 December 2024 This project consists of the purchase of a new circulation pump, removal of the old pump and installation of the new pump. The existing circulation pump is beyond its service life and needs replacement. Failure of this pump would necessitate closure of the pool for months due to the long lead time to obtain pump equipment. FY 2023-24 Funding Source _Tota~r:_io~ ~ppro_e. _Appr~ria~ion _ Total ~pprop.: ; . I Life-to-Date Expended __ !une 202~_ Capital Facilities (6170) 199,200 199,200 1 Total Budget $ $ 199,200 $ 199,200 • $ Estimated Annual Operating Budget Impact: $0 $ Available Balance 199,200. 199,200 City of Poway -Capital Improvement Program (Public Facilities) Community Park Restroom -CIP #MNOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Development Services March 2024 December 2024 This project will add a restroom by Adventure Playground at Community Park, which was idenfied as a priority in the Community Park needs assessment since there is no close restroom to the nortwest side of Community Park. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Approp!iation_ To~I Approp. , June ~2~ Balance Capital Facilities (6170) __________ ....:5:..:8:..::2:!....,4:..::0.=..0 ___ ___::.5.=..82:::.,4....:0:..:0:,__ __________ ___::.58.=..2::!.,4....:0:....:....0 Total Budget $ $ 582,400 $ 582,400 $ $ 582,400 Estimated Annual Operating Budget Impact $0 28 of 45 December 5, 2023, Item #15City of Poway -Capital Improvement Program (Public Facilities) 2023-24 ADA Barrier Removal -Community Park Path of Travel -CIP #PKOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Development Services December, annually June, annually This is an annual Community Development Block Grant (CDBG) funded program to remove Americans with Disabilities Act (ADA) barriers and improve access to various public facilities. The 2023-24 project will address ADA issues at Community Park, including accessibility improvements and replacing ADA compliant paths of travel and ramps at the Slack Street connection. FY 2023-24 Funding Source Total Prior Approp. Appropriation Total Approp. CDBG Fund (2410) 127,398 127,398 Total Budget $ $ 127,398 $ 127,398 Estimated Annual Operating Budget Impact: $0 Life-to-Date Expended Available June 2023 Balance 127,398 $ $ 127,398 City of Poway -Capital Improvement Program (Public Facilities) Public Facilities Renovation -FY 24 Painting -CIP # MNOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Public Works TBD TBD The proposed work consists of prepping and painting exterior/interior surfaces/walls at Future Farmers of America, Water Treatment Plant Operations building, Chemical buildings, filter control building, pool buildings, nine park restroom buildings, PCPA concession and interior back hallway and doors, and the pool concrete surfacing around the pool. Painting of facilities are a part of the City's ongoing maintenance to restore and protect building exteriors, which can become faded and susceptible to weather. Interior spaces get damaged from normal use. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation Total Approp. June 2023 Balance Capital Facilities (6170) ___________ 3_6_5,'-o_oo _____ 36_5""",o_o_o ____________ 3_6_s-'-.o_o_o Total Budget $ $ 365,000 $ 365,000 $ $ 365,000 Estimated Annual Operating Budget Impact: $0 29 of 45 December 5, 2023, Item #15City of Poway -Capital Improvement Program (Public Facilities) Public Facilities Renovation -FY 24 Silverset Shade Area -CIP # MNOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Public Works TBD TBD This project will remove the sand area and replace it with shade and concrete where picnic tables can be set. The sand area poses a maintenance challenge and safety risk. When the sand is on the adjacent concrete, it becomes slippery. The shade will provide cover for adults supervising their children on the equipment. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation Total Approp. June 2023 Balance Park Improvement (4110) 241,000 241,000 241,000 ---------------------------------Tot a I Budget $ • $ 241,000 $ 241,000 $ $ 241,000 Estimated Annual Operating Budget Impact: $0 City of Poway -Capital Improvement Program (Public Facilities) Xeriscaping at Poway Library -CIP #MNOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Development Services March 2024 December 2024 This project would replace 3,300 SF of lawn at the Poway Library into xeriscaping reducing water use and be consistent with other landscaped areas at the libarary. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation Total Approp. June 2023 Balance Capital Facilities (6170) ___________ 4_8:...,7_5_0 ____ 4_8.:.,7_5_0 ____________ 4_8.:.,7_5_0 Total Budget $ $ 48,750 $ 48,750 $ $ 48,750 Estimated Annual Operating Budget Impact: $0 30 of 45 December 5, 2023, Item #15City of Poway -Capital Improvement Program (Public Facilities) 2023-24 Zero Emission Vehicle Charging Infrastructure Study -CIP #MN0XX Project Manager: TBD Responsible DepartmenJ!>ublic Works/Development Services Start Date: March 2024 Estimated Completion: June 2025 Description: The project will hire a qualified consultant to evaluate vehicle charging requirements, identify feasible locations, develop a vehicle charging station plan, research and apply for incentives and grants, work with SDG&E to install required power infrastructure, obtain easements (as necessary), and act as a program manager for the installation of the vehicle charging stations. The California Air Resource Board will finalize the provisions of the Advanced Clean Fleet Rule in 2023, which will require City municipalities to begin transitioning on-road medium/heavy duty fleets to zero emission vehicles (ZEV) beginning January 1, 2024. Vehicle charging stations will be installed in a phased process year to year as more ZEVs are added to the City's fleet. FY 2023-24 Life-to-Date Expended ' Available Funding Source Total_Prior Approp. Appropriation Total Approp. June 2023 Balance Capital Facilities (6170) ___________ 1_3_5 ___ ,o_oo _____ 13_5~,o_o_o ____________ 1_3_5 ___ ,o_o_o Total Budget $ $ 135,000 $ 135,000 $ $ 135,000 Estimated Annual Operating Budget Impact: $0 City of Poway -Capital Improvement Program (Public Facilities) Fire Training Tower Ozone System Replacement - CIP # MN0XX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Fire Department January 2024 December 2024 This project will replace the Ozone water filtration system and pump at the Fire Training Tower. The aging Ozone filtration system and pump are originally built in 2006 and need to be replaced. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Appr~p. Appropriation Total Approp. June 2023 Balance Capital Facilities (6170) ___________ 1 ...... 8, ...... 6_50 _____ 1_8~,6_5_0 ____________ 1_8 ...... ,6_5_0 Total Budget $ $ 18,650 $ 18,650 $ $ 18,650 Estimated Annual Operating Budget Impact: $0 31 of 45 December 5, 2023, Item #15City of Poway -Capital Improvement Program {Public Facilities) Fire Training Tower Pump Repair -CIP # MNOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Fire Department March 2024 December 2024 This project will rebuild the main fire pump at the Fire Training Tower that supplies water pressure to the fourt on-site fire hydrants. The aging main pump has undergone frequent servicing and will need to be removed by crane and rebuilt. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation Total Approp. June 2023 Balance Capital Facilities (6170) ___________ 7--'7,'-9_50 _____ 7_7-'-,9_5_0 ____________ 7_7'-,9_5_0 Total Budget $ ' $ 77,950 $ 77,950 $ $ 77,950 Estimated Annual Operating Budget Impact: $0 City of Poway -Capital Improvement Proqram (Public Facilities) Workplace Safety Facility Improvements -CIP # MNOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD HR & Risk Management March 2024 December 2024 This project will design, procure and install closed-circuit security cameras and signage, employee badging, and panic buttons at various City facilities. It will install/extend reception counters to define public space and create security barriers, enahnce security of desginated safe rooms with deadbolt locks and bulletproof glass treatment and coverings, and other safety measures idenfied through the Workplace Safety Program. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation Total Approp. June 2023 Balance capital Improvement (1060J ___________ s_o_o,;....o_oo _____ so_o....;.,o_o_o ____________ so_o..;..,o_o_o Total Budget $ $ 500,000 $ 500,000 $ $ 500,000 Estimated Annual Operating Budget Impact: $0 32 of 45 December 5, 2023, Item #15City of Poway -Capital Improvement Program {Public Facilities) Fiber Optic Interconnect Project -Fire Station 3 -CIP # MN0XX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Finance March 2024 December 2024 This project will connect the network to City Hall building and Fire Station 3 building. The project includes installing optical fiber cable using existing pathways between City hall and the traffic pedestal on the corner of Poway Road and Pomerado Road and boring pathways between Leone Way traffic pedestal and Fire Station 3. FY 2023-24 Life-to-Date Expended , Available Funding Source T~t~ Prior Approp: Appropriatio~ Total Approp. June 202~ _ Balance PEG Fund (2860) ______ __; ____ 3_;4,'-5_27 ___ ·-__ -_3_4..:..:s_2_7_I ____________ 3_4.;_,5_2_7 Total Budget $ ; $ 34,527 $ 34,527 $ $ 34,527 • Estimated Annual Operating Budget Impact: $0 • City of Poway -Capital Improvement Program {Public Facilities) Fiber Optic Interconnect Project -Old Poway Park -CIP # MN0XX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Finance March 2024 December 2024 This project will connect the network to City Hall building and Porter House building at Old Poway Park. The project includes boring and creating pathways between the Aubrey Street traffic pedestal to the exterior pull box at the Porter House. By installing City owned conduits and fiber, we can maintain and grow our network, which will include future systems (cameras, badge readers, etc.) that require higher bandwidth and provide staff faster access to City applications, file storage, and itnernet access. FY 2023-24 Life-to-Date Expended Available Funding Source _Total Prior Approp. Appropriation _Total Approp. June 2023 Balance PEG Fund (2860) ___________ 2_9_1,_2_72 _____ 29_1_,2_7_2 ____________ 2_9_1_,2_7_2 Total Budget $ $ 291,272 $ 291,272 $ 1 $ 291,272 Estimated Annual Operating Budget Impact: $0 33 of 45 December 5, 2023, Item #15City of Poway -Capital Improvement Program (Public Facilities) Fiber Optic Interconnect Project -Community Park -CIP # MN0XX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Finance March 2024 December 2024 This project will install conduit from City Hall that connects into existing conduit located in a planter in the parking lot south of the skate park. The new fiber optic cable will be installed from City Hall through this conduit path to the new community center building for computer network and telephone communication. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation Total Approp. June 2023 Balance PEG Fund (2860) ___________ 1_0-'9,'-9_39 _____ 10_9..;..,9_3_9 ____________ 1_0_9.;...,9_3_9 Total Budget $ $ 109,939 $ 109,939 $ $ 109,939 Estimated Annual Operating Budget Impact $0 City of Poway -Capital Improvement Program (Public Facilities) Fiber Optic Interconnect Project -PCPA and Public Works Admin Building -CIP # MN0XX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Finance March 2024 December 2024 This project will utilize existing traffic fiber optic network and install additional fiber optic infrastructure to interconnect City Hall with Poway Center for Performing Arts (PCPA) and Public Works Administration Building, which will support the Lake Poway Road Campus and facilities at the Lake. It will also extend traffic fibernetwork to signals on Espola Road at the following intersections: High Valley Road, Titan Way, and Lake Poway Road. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation Total Ap_prop. June 2023 Balance PEG Fund (2860) ___________ 9_7_1_,2_37 _____ 97_1_,2_3_7 ____________ 97_1_,2_3_7 Total Budget $ $ 971,237 $ 971,237 $ $ 971,237 Estimated Annual Operating Budget Impact: $0 34 of 45 December 5, 2023, Item #15Capital Improvement Program (Water) Annual Water Valve Replacement -CIP #WT002 Project Manager: Responsible Department: Estimated Completion: Description: Andrea Thomas Development Services Ongoing This annual program replaces non-functioning water distribution valves that range from six-inch to 42-inch identified by staff during routine field maintenance and inspections. The project focuses on larger valves and valves in high traffic areas. Funding Source Tota! Prior Approp. Water Fund (5100) 795,000 FY 2023-24 Appropriation 191,000 Life-to-Date Expended June 2023 _ _ 624,189 Total Budget. $ 795,000 $ Total Approp. 986,000 986,000 $ 191,000 $ 624,189 Estimated Annual Operating Budget Impact: $0 Available Balance 361,811 361,811 Capital Improvement Program (Water) Clearwell Replacement -CIP #WTR0027 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Shadi Sarni Public Works March 2020 August 2024 This project will provide the planning, design, and construction for the replacement of the existing 10 million-gallon Clearwell with two new reservoirs. FY 2023-24 Funding Source Total Pri<_>r Approp. Appropriation Water Fund (5100) 39,423,274 Total Budget $ 39,423,274 $ Estimated Annual Operating Budget Impact: $ TBD 35 of 45 - $ Total Approp. 39,423,274 Life-to-Date Expended June 2023 1,787,494 39,423,274 $ 1,787,494 Available Balance 37,635,780 37,635,780 December 5, 2023, Item #15Capital Improvement Program {Water) Poway Treated Water Facilities & Redundant Pipeline -CIP #WTR0028 Project Manager: . Responsible Department: Start Date: Estimated Completion: Description: Shadi Sarni Public Works July 2020 August 2025 This project will design a treated water connection for the City of Poway to the San Diego County Water Authority (SDCWA) aqueduct. The design will include a pump station, a forebay in the lower parking lot of the Public Works facilities, and all necessary piping to complete a fully functional treated water connection and redundant 36-inch pipeline in Lake Poway Road. FY 2023-24 Funding Source _Tot~! P!Jor:__Approp. App_i:oeriation Water Fund (5100) 3,165,923 7 Life-to-Date Expended JunE:_3023 1,985,729 Total Approp. 3,165,923 3,165,923 , $ Total Budget $ 3,165,923 $ - $ 1,985,729 Estimated Annual Operating Budget Impact: $ TBD Available Balance 1,180,194 1,180,194 Capital Improvement Program {Water) Caustic Tank Rehabilitation -CIP #WT032 Project Manager: Responsible Department: Start Date: Estimated Completion: Description Jeff Beers Development Services November 2021 March 2024 This project consists of a full replacement of the existing sodium hydroxide bulk tank 3T-1. FY 2023-24 Funding Source Tot_al Prior Approp. Appropriatio_n ' Life-to-Date Expended Ju~e 2023 Total ~prop. 160,000 • Water Fund (5100) 160,000 36,734 Total Budget $ 160,000 $ - $ 160,000 . $ 36,734 Estimated Annual Operating Budget Impact: $0 36 of 45 Available Balance 123,266 123,266 December 5, 2023, Item #15Capital Improvement Program (Water) R-4 Reservoir Upgrades -CIP #WT033 Project Manager: Responsible Department: Start Date: Estimated Completion: Description Andrea Thomas Development Services March 2022 June 2024 The R-4 reservoir is a 0.5 million-gallon steel tank reservoir constructed in 2006. A condition assessment performed in 2014 found this facility to be in generally good condition but required rehabilitation. This project will provide minor tank upgrades and maintenance, including adding bollard protection, footing repairs, exterior corrosion repairs, and coating of the tank exterior. FY 2023-24 Funding Source Total Prior Approp. __ Appropriation Water Fund (5100) 66,550 170,000 Total Budget $ 66,550 $ 170,000 Estimated Annual Operating Budget Impact: $0 Life-to-Date Expended , T~tal Approp. ___ June 2023 __ _ 236,550 $ 236,550 $ Available Balance 236,550 236,550 Capital Improvement Program (Water) R-7 Reservoir Rehabilitation -CIP #WT034 Project Manager: Responsible Department: Start Date: Estimated Completion: Description Andrea Thomas Development Services March 2022 June 2024 The R-7 reservoir is a 1 million-gallon steel tank constructed in 1975. A condition assessment performed in 2014 found that the tank would require significant rehabilitation within the next 5 years to extend the useful life of the reservoir. This project provides a full rehabilitation of the tank, including recoating the interior and exterior, adding an overflow air gap and flexible couplings, repairing footings, and paving the driveway. Funding Source Total Prior_Approp. Water Fund (5100) 622,000 FY 2023-24 Appropriation 446,800 Life-to-Date Expended June 2023 29,945 Total Budget $ 622,000 $ Total Approp. 1,068,800 1,068,800 $ 446,800 $ 29,945 Estimated Annual Operating Budget Impact: $0 37 of 45 Available Balance 1,038,855 1,038,855 December 5, 2023, Item #15Capital Improvement Program (Water) Washwater Tank No. 2 Upgrades -CIP #WT036 Project Manager: Responsible Department: Start Date: Estimated Completion: Description Andrea Thomas Development Services April 2022 June 2024 Washwater Tank No. 2 is a tank located at the Water Treatment Plant that was constructed in 1995. A condition assessment performed in 2014 noted various upgrades for the tank. This project will provide fiberglass reinforced plastic vent structures and blower system, replacement of the rubber seal at the base, and a seismic study to determine required retrofits. FY 2023-24 Funding Source Total Prior Approp. Appropriation Water Fund (5100) 563,000 Total Budget $ 563,000 $ Estimated Annual Operating Budget Impact: $0 Total Approp. 563,000 Life-to-Date Expended June 2023 13,181 - $ 563,000 $ 13,181 Available Balance 549,819 549,819 Capital Improvement Program (Water) Water Treatment Plant Upgrade Filters 1-8 -CIP #WT037 Project Manager: Responsible Department: Start Date: Estimated Completion: Description Andrea Thomas Development Services September 2023 June 2025 The 2014 condition assessment of the Water Treatment Plant recommended an evaluation of the condition of all eight filter upgrades at the facility. This project will provide an evaluation study of the filters, including media evaluations, sludge retention profiles, and pre-load and surface wash operations. The filter media and inlet sluice gates will be replaced as part of this project. Funding of this project is intended to complete the project design. Construction funding is anticipated in FY 2025-26. FY 2023-24 Funding Source Total Prior Approp. Appropriation Water Fund (5100) 400,000 Total Budget $ 400,000 $ Estimated Annual Operating Budget Impact: $0 38 of 45 Life-to-Date Expended June 2023 - $ Total Approp. 400,000 400,000 $ Available Balance 400,000 400,000 December 5, 2023, Item #15Capital Improvement Program {Water) Water Treatment Plant Security Upgrades -CIP #WT038 Project Manager: Responsible Department: Start Date: Estimated Completion: Description Jeff Beers Development Services December 2021 March 2024 This project will provide new security cameras, including perimeter cameras, and relocation of existing cameras at the Water Treatment Plant. Along with the cameras, this project will install camera mounts and hangers, and replace existing coaxial wiring with CAT6 wiring. The camera upgrades will allow for improved, clear, and targeted monitoring of the facility. Adequate security monitoring will aid in the City's ability to provide safe and reliable drinking water. FY 2023-24 Funding Source Total Prior Approp. Appropriation Water Fund (5100) 90,000 Total Budget $ 90,000 1 $ Estimated Annual Operating Budget Impact: $0 -$ Life-to-Date Expended June 2023 Total Approp. 90,000 90,000 I $ 398 398 Available Balance 89,602 89,602 Capital Improvement Program {Water) SDCWA POW-5 Turnout & FCF -CIP #WT040 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Shadi Sarni Public Works July 2020 August 2025 This project, along with the Poway Treated Water Facilities & Redundant Pipeline project, will provide a treated water connection to the San Diego County Water Authority (SDCWA) aqueduct. This project includes a flow control facility and a turnout. FY 2023-24 Funding Source Total Prior ApproJ>. Appropriation Water Fund (5100) 1,887,576 Total Budget $ 1,887,576 $ Estimated Annual Operating Budget Impact: $ TBD 39 of 45 Life-to-Date Expended June 2023 1,010,606 Total Approp. 1,887,576 1,887,576 $ -$ 1,010,606 Available Balance 876,970 876,970 December 5, 2023, Item #15Capital Improvement Program {Water) MCC Upgrades (PS-8, PS9, PS-10, PS-11, PS-12) -CIP #WT041 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Alex Ubaldo Development Services September 2023 December 2024 This project will upgrade the motor control center for Pump Stations 8, 9, 10, 11, and 12. This project was identified in a 2014 assessment for replacement and upgrades of several pump stations within the water distribution and storage system. FY 2023-24 Funding Source T~tal P"._!or Approp. ~PP_!Opriation Water Fund (5100) 715,000 Total Budget $ 715,000 $ Estimated Annual Operating Budget Impact $ TBD i Life-to-Date Expended Jun~ 2~23 Total Approp. -715,oo-o I - $ 715,000 $ Available Balance 715,000 715,000 Capital Improvement Program {Water) Utility Security Enhancement -CIP # MNOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Finance Department January 2024 December 2024 This project will improve the City's resiliency in the event of a cyber incident my minimizing network exposure for all control system devices and ensure they are not accessible from the internet. This will be accomplished by locating the control system network and remote devices behind firewalls to physically isolate them from the business network. The City will require the purchase of hardware, IT Network & Security consulting services, and coordination with City staff for configuration and installation. The hardware request includes: Two (2) Next Generation Firewalls, Two (2) Servers to support the SCADA applications, One (1) Network Switch, One (1) Storage Area Network (SAN), One (1) backup storage device and One (1) hardware rack for the equipment. Annual operating costs are for associated server/network software support and maintenance. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation Total Approp. June 2023 Balance Water Fund (5100) __________ ...:2:.:8:..=8:..=,2=.5..:..0 ___ -=2-=-88::..:;,2=..:5:..:0:.._ __________ -=28::..:8::..:;,2=.:5:...:....0 Total Budget $ $ 288,250 $ 288,250 $ $ 288,250 Estimated Annual Operating Budget Impact $0 40 of 45 December 5, 2023, Item #15Capital Improvement Program (Water) Water Treatment Plant Chemical Rehab -CIP #WTOxx Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Development Services January 2024 June 2025 This project will rehabilitate and/or replace the chemical storage tanks at the Water Treatment Plant chemical tank farm. It will also include inspection by a certified inspector to determine the condition of the assets and propose the scope of repair and/or replacement of the tank to industry standards. FY 2023-24 • Life-to-Date Expended Available Funding Source Total Prior Approp: ApproJ>riation Total Approe, _ I June 2023 Balance Water Fund (5100) ___________ 2_2_5"-,o_oo _____ 22_5"'",0_0_0 ____________ 2_2_5""",o_o_o Total Budget $ $ 225,000 $ 225,000 $ 225,000 Estimated Annual Operating Budget Impact: $ TBD Capital Improvement Program (Water) Emergency Interconnection #1 {Avenida La Valencia) -CIP #WTOxx Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Development Services January 2024 December 2025 This project will provide a primary emergency interconnection for the City of San Diego to provide treated water to the City of Poway in a temporary emergency situation. The project consists of reconnecting a previously abandoned emeregency interconnection between San Diego's 12" AC pipeline and Poway's 1 0" AC pipeline located in Avenida La Valencia between Pomerado Road and Camino Del Valle at the City boundary. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation Total Approp. June 2023 Balance Water Fund (5100) 75,000 75,000 75,000 Total Budget $ $ 75,000 $ 75,000 $ 75,000 Estimated Annual Operating Budget Impact: $ TBD 41 of 45 December 5, 2023, Item #15Capital Improvement Program (Sewer) Annual Sewer Line Repair and Replace -CIP #SW001 Project Manager: Responsible Department: Estimated Completion: Description: Andrea Thomas Development Services Ongoing This project is part of an ongoing semi-annual program to maintain the City's sewer system. Portions of the sewer system are prioritized annually for repair, replacement, or lining. Project scope is identified by staff during routine annual maintenance and inspection of the sewer system. Funding Source Tot~I Prior Approp. Sewer Fund (5200) 2,925,855 FY 2023-24 Appropriation 331,038 Life-to-Date Expended Jun-=. 2023 2,215,713 Total Budget $ 2,925,855 $ To_!al Approp. 3,256,893 3,256,893 $ 331,038 $ 2,215,713 $ Estimated Annual Operating Budget Impact: $0 Available Balance 1,041,180 1,041,180 Capital Improvement Program (Sewer) Annual Sewer Manhole Rehabilitation -CIP #SW002 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Terry Zaragoza Public Works Ongoing Ongoing This project continues the City's annual manhole rehabilitation program. This rehabilitation is intended to eliminate infiltration into the manholes and extend their useful life, and involves coating the interior of the manholes with an impervious corrosion resistant lining. Funding Source Total Prior Approp. Sewer Fund (5200) 3,006,304 FY 2023-24 Appropriation 190,503 Total Budget $ 3,006,304 $ 190,503 $ Estimated Annual Operating Budget Impact: $0 42 of 45 Total Approp. 3,196,807 Life-to-Date Expended June 2023 2,456,342 3,196,807 $ 2,456,342 , $ Available Balance 740,465 740,465 December 5, 2023, Item #15Capital Improvement Program (Sewer) Butterfield Trail Sewer Upsize -CIP #SW003 Project Manager: Responsible Department: Start Date: Estimated Completion: Description: Andrea Thomas Development Services June 2022 June 2024 This project replaces surcharging sewer pipes along Ash Hollow Crossing Road, between Butterfield Trail and Stoneridge Country Club. The existing 8 inch pipeline is more than 50 percent full under existing peak dry weather conditions. The pipeline is surcharged under existing peak wet weather conditions. Approximately 3800 linear feet of 8 inch pipe will be replaced with 15 inch pipe. This project is identified as project CAP-02 in the 2013 City of Poway Sanitary Sewer Master Plan. FY 2023-24 Life-to-Date Expended , Funding Source Total_!>ri~!:_~pprop. Appropriation __ Total Approp. June 2023 _ 1,323-;-000-,---4,350 Sewer Fund (5200) 1,323,000 Total Budget $ 1,323,000 ' $ - $ 1,323,0QQ i $ 4,350 I $ Estimated Annual Operating Budget Impact: $0 Available Balance 1,318,650 1,318,650 Caoital lmorovement Proaram (Sewer) Treatment Plant Sludge Discharge Study -CIP #SWOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Development Services January 2024 December 2024 This project will study opportunities for alternative methods of treatment plant sludge disposal/discharge and develop an assessment with recommendations. The byproducts of the Water Treatment Plant sludge create bioaccumulation within the treatment plant facilities and sewer pipelines that require frequent maintenance and cleaning to prevent costly water treatment repairs and sewer spills. Frequent cleaning/maintenance impacts long-term integrity of treatment facilities/pipelines and increases agency water loss. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation Total Approp. June 2023 Balance Sewer Fund (5200) ___________ 2_5'--,o_o_o ____ 2_5....;.,o_o_o ____________ 2_5..;..,o_o_o Total Budget $ $ 25,000 $ 25,000 $ - $ 25,000 Estimated Annual Operating Budget Impact: $0 43 of 45 December 5, 2023, Item #15Capital Improvement Program (Sewer) Camino De Valle Lift Station Upgrades PDR -CIP #SWOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Development Services March 2024 March 2025 This project will prepare a preliminary design report to determine the scope and cost to rehabilitate the Camino Del Valle Lift Station (LS3). FY 2023-24 I Funding Source _T~tal ~ior_Approp. _ Appro~riation Sewer Fund (5200) -1 45,000 Total Budget $ $ 45,000 $ Estimated Annual Operating Budget Impact: $0 T~tal Approp. _ 45,000 45,000 $ Life-to-Date Expended ' June 202~ --1 Available Balance 45,000 45,000 Capital Improvement Program (Sewer) Camino De Valle Lift Station (LS3) MCC Rebuild PDR -CIP #SWOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Development Services March 2024 March 2025 This project will assess the condition of the Camino De Valle Lift Station Motor Control Center and appurtenances and prepare a Preliminary Design Review including costs for renovation or replacement. FY 2023-24 Life-to-Date Expended Available Funding Source Total Prior Approp. Appropriation Total Approp. June 2023 Balance sewer Fund (5200) ___________ s_o.:...,o_o_o _____ so-=-,_oo_o....,.... ___________ s_o-'-,o_o_o_ Total Budget $ $ 50,000 $ 50,000 • $ - $ 50,000 Estimated Annual Operating Budget Impact: $0 44 of 45 December 5, 2023, Item #15Capital Improvement Program (Sewer) Wastewater Collection System Infiltration and Inflow Study-CIP #SWOXX Project Manager: Responsible Department: Start Date: Estimated Completion: Description: TBD Development Services March 2024 March 2025 This project will study the impacts of inflow and infiltration on the wastewater collection system. FY 2023-24 Funding Source _Total Prior Appr_op. . A_pprop.!:.i~t~n Sewer Fund (5200) 75,000 Total Budget $ $ 75,000 $ Estimated Annual Operating Budget Impact $0 45 of 45 Life-to-Date Expended • Available T~!a~ Approp: _ 75,000 75,000 $ _ Jun~02~ _____ ~alance - $ . 75,000 75,000 December 5, 2023, Item #16AGENDA RE PO RT City of Poway DATE: TO: FROM: SUBJECT: Summary: December 5, 2023 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk ~ (858) 668-4535 or cgallagher@po~y.org Appointment of Deputy Mayor for 2024 CITY COUNCIL In September 1990, the City Council adopted Resolution No. 90-179 which provided guidelines for the selection of Deputy Mayor. In accordance with the Resolution, the Deputy Mayor: 1. Will serve a term of one year; 2. Will be appointed at the first regular meeting in December in odd-numbered years; and 3. Will be appointed at the first regular meeting held thirty days following the general municipal election in even-numbered years. Recommended Action: It is recommended the Mayor appoint a Council member to serve as Deputy Mayor for the one-year term commencing December 5, 2023. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: None. Public Notification: None. Attachments: None. 1 of 2 December 5, 2023, Item #16Reviewed/Approved By: Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney Approved By1: Ch~ City Manager December 5, 2023, Item #17 December 5, 2023, Item #17 December 5, 2023, Item #17