Item 17.1 - Funding Status Update for Scripps Poway Pkwy East
AGENDA RRPORT SUMMARY -
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the
- Redevelopment Agency
FROM: James L. Bowersox, City Manager/Exec~
Director
I'>
INITIATED BY: John D. Fitch, Assistant City Manager~lk' 4-
~ Mark S. Weston, Director of Engineerin Services
Alan F. Schuler, Senior Civil Enginee~
DATE: August 1, 1995
SUBJECI': Funding Status Update for Scripps Poway Parkway East and Approval of
Utility Relocation Agreement with San Diego County Water Authority
ABSTRACT:
The Scripps Poway Parkway East project is progressing to a probable construction start
in early October, Recent State budget cutbacks have reduced the expected revenue
available for the project. Staff estimates that the remaining funding may still be
adequate to construct the Parkway. Additionally, a Utility Relocation Agreement with
the San Diego County Water Authority is required for a portion of the work (attached).
FISCAL IMPACI'
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The current estimated total project cost for the Scripps Poway Parkway East is
$39,030,000. The current funding projection for this project is $37,210,000 with the
probable reduction in State funding. Staff will report back to the City Council when
bids have been received for the construction. Funds for reimbursement to the San Diego
County Water Authority for engineering and inspection staff time have been programmed
into the overall project budget.
ENVIRONMENTAL REVIEW
No additional environmental findings are necessary.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency note and file this report
on the funding status of Scripps Poway Parkway East and approve the Utility Relocation
Agreement with the San Diego County Water Authority.
ACTION
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1 of 11 AUG 1 1995 ITEM 17,1
~ AGENDA REPORT
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Redevelopment Agency
F1{O~: James L. Bowersox, City Manager/Executive Dir~
IN1TLl~DBY: John D. Fitch, Assistant City Manage~)+
\~Mark S. Weston, Director of Engineering servicesJ'"~
Alan F. Schuler, Senior Civil Enginee~
DA~: August 1, 1995
SUBJECT: Funding Status Update for Scripps Poway Parkway East and
Approval of Utility Relocation Agreement with San Diego
County Water Authority
BACKGROUND
The Scripps Poway Parkway East project is progressing to a start of
construction in early October. Final plans are complete and have been signed
by the County of San Diego and the San Diego County Water Authority. All
rights of way and mitigation lands necessary for the construction of the
Parkway have been acquired or are in escrow. Several key permits have been
obtained and schedules are in place for acquisition of the remaining permits.
The funding plan for the Parkway (Attachment #1) has been in place for some
time now. The Local SB 300 component of the funding plan has been reduced by
recent State actions, In past cycles of SB 300, the State contribution has
been greater that 19% of project costs. For this cycle we had conservatively
estimated 15%. Due to budget reductions it appears that, based on Caltrans'
estimates, we will probably receive about 8.5% with the possibility that the
program may be eliminated altogether next year.
ACTION:
2 of 11
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- Agenda Report: Funding Status Update for Scripps Poway Parkway East and Approval of Utility
Relocation Agreement wtth San Diego County Water Authority
August 1, 1995
Page 2
This could mean a shortfall of approximately $2,700,000 in planned funding.
The present cost estimate for the project (Attachment #2) indicates that this
amount is approximately equal to our 10% Construction Contingencies. Industry
sources indicate that the bid climate is very favorable at this time and we
believe that it is likely that actual bids bids from qualified contractors
will help us realize additional savings in total costs.
Staff proposes to advertise this project for bid on August 4th with a bid
opening in the second week of September. If at that time we have received
favorable bids, we will recommend award of contract to the lowest qualified
bidder. If we realize an actual shortfall of funding based on the State
reductions and higher bids, it may be necessary to ask the City Council to
appropriate funds from other sources.
One component of this project entails the relocation of two 48-inch raw water
lines owned by the San Diego County Water District in the vicinity of Sycamore
Canyon Road, As a Special District, they wish to monitor and inspect the
installation to assure that there is no unplanned disruption of water supply
to agencies south of Poway. Additionally, we have acquired a replacement
- easement for their new facilities,
The attached Utility Relocation Agreement (Attachment #3) provides for the
exchange of easements, reimbursement of District expenses, and specifies
construction authority and timing. Staff recommends approval of this
agreement.
Benefit Resolutions No. 94-071 and No. R-94-12 for this project were certified
by the City Council/Redevelopment Agency on June 8, 1994.
FINDINGS
Total estimated project costs are substantially the same as reported on
January 17, 1995, with the exception of the SB 300 reductions. Receipt of bids
for construction of the Scripps Poway Parkway East will determine if the
present funding levels are adequate.
The Utility Relocation Agreement with the San Diego County Water Authority is
necessary for the construction of the Scripps Poway Parkway East and is
consistent with the policies of both agencies.
ENVIRONMENTAL REVIEW
No additional environmental findings are necessary.
3 of 11 AUG 1 1995 ITEM 17.1
Agenda Report: Funding Status Update for Scripps Paway Parkway East and Approval of Utility
Relocation Agreement wRh San Diego County Water Authority
August 1, 1995
Page 3
FISCAL IMPACT
The current estimated total project cost for the Scripps Poway Parkway East is
$39,030,000. The current funding projection for this project is $37,210,000
with the probable reduction in State funding. Staff will report back to the
City Council when bids have been received for the construction.
Funds for reimbursement to the San Diego County Water Authority for
engineering and inspection staff time have been programmed into the overall
project budget.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency note and file
this report on the funding status of Scripps Poway Parkway East and approve
the Utility Relocation Agreement with the San Diego County Water Authority.
Attachments:
Attachment #1 - Cost Estimate
Attachment #2 - Revenue Projection
Attachment #3 - Utility Relocation Agreement
4 of 11 AUG 1 1995 ITEM 17.1
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Date: July 21,1995
Scripps Poway Parkway East
Revenue Projections
Programmed Funds Amount
powav RDA $3,300,000.00
Develooer Contributions $250,000.00
Prop A-Countv $13,000,000.00
Prop A-Hiahwav $8,800,000.00
Prop A-Bikelanes $258 000.00
Local SB 300 (8.5% est) $3,473,000.00
Local SB 300ITransfer) $515,000.00
STP /Trans net Transfer $250 000.00
Unpledaed SPP West $1,200,000.00
STP /Transnet Transfer $500,000.00
Ted Williams Pkwy. Balance $320 000.00
McMillin (Trident) $1,600,000.00
Street Maintenance $244,000.00
Construction Interest $500 000.00
Powav Creek Detention $3000000.00
Total: $37,210,000.00
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ATTACHMENT +1
5 of 11 AUG 1 1995 ITEM 17.1
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,
6 of 11 AUG 1 1995 ITEM 17.1
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- UTILITY RELOCATION AGREEMENT
The City of Poway, hereinafter called CITY, proposes to construct a
four-lane arterial street known as the Scripps Poway Parkway. The San Diego
County Water Authority, hereinafter called AUTHORITY, owns and maintains two
48-inch reinforced concrete pipelines within the AUTHORITY's First Aqueduct
right of way. The right of way and pipelines are within the limits of CITY's
project which require relocation to accommodate CITY's project.
Therefore, it is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with CITY improvement plans number 801-05-921,
entitled Scripps Poway Parkway East and dated July 21, 1995, the
AUTHORITY's two 48-inch reinforced concrete pipelines are to be
relocated. The relocations are to be accomplished by construction
plans and specifications prepared by Boyle Engineering to the
AUTHORITY standards and approved by the AUTHORITY. The
AUTHORITY's approval shall not be unreasonably withheld. The
relocations shall be accomplished through the CITY's contract
procedures. Construction inspection will be provided by the
AUTHORITY. Any deviations to the approved Boyle plans and
specifications shall be with the sole approval of the AUTHORITY.
The shut down of the pipelines shall be between November 1, 1995
and March 15, 1996. All costs associated with the shutdown,
including any loss of revenue, shall be at the expense of the
CITY.
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relocate.egr/page 1
I ATTACHMENT +3
7 of 11 AUG 1 1995 ITEM 17.1
II. LIABILITY FOR WORK, ACQUISITION OF RIGHTS OF WAY AND SUBORDINATION
AGREEMENTS
The AUTHORITY's existing facilities consist of two 48-inch
diameter, reinforced concrete pipelines located within the First
Aqueduct right of way and its rights are prior and superior to
those of the CITY. The CITY shall obtain appropriate easements
and rights of way and thereafter will relocate the AUTHORITY's two
48-inch diameter pipelines to accommodate the construction of the
Scripps Poway Parkway and the AUTHORITY will abandon its pipelines
in place and take no further action.
The AUTHORITY shall retain its First Aqueduct easement and right
of way for the possible addition of future pipelines. Foll owi ng
the relocation of the two 48-inch diameter pipelines, the
AUTHORITY shall execute a Subordination Agreement subordinating
the AUTHORITY easement rights to the rights of the CITY as to the
First Aqueduct Easement and right of way.
The AUTHORITY shall install any future pipelines under Scripps
Poway Parkway and its easement and right of way by tunneling.
AUTHORITY shall provide the CITY construction plans, prior to the
construction of any tunnel and secure the CITY's approval. CITY
will expedite the approval of any such construction plans and
approval will not be unreasonably withheld.
reloc8te.agr/page 2
AUG 1 1995 rrEM 17.1
8 of 11
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The CITY shall acquire the easement and right of way in the
AUTHORITY standard form with respect to the relocated pipelines at
or near Scripps Poway Parkway and Sycamore Canyon Road. All
rights held by the CITY, with respect to the relocated pipelines
at or near the Scripps Poway Parkway and Sycamore Canyon Road,
shall be subordinated to the rights acquired for the AUTHORITY and
the CITY shall execute a subordination agreement to that effect.
If any other governmental entity has rights to Sycamore Canyon
Road, in the easement and right of way area acquired for the
AUTHORITY by the CITY, the CITY shall obtain Subordination
Agreements on behalf of the AUTHORITY, subordinating all other
entities' interests to those interests of the AUTHORITY. Any
future construction by the CITY, whether surface or subsurface in
the easement or the right of way area, shall be approved by the
AUTHORITY prior to commencing the work. The AUTHORITY approval of
the CITY's construction plans shall be expedited and approval will
not be unreasonably withheld.
III. PERFORMANCE OF WORK
CITY agrees to cause the herein-described work to be performed
under contract, with the lowest qualified bidder, selected
pursuant to a valid competitive bidding procedure, and to furnish,
or cause to be furnished, all necessary labor, materials, tools,
and equipment required therefore, and to prosecute said work
diligently to completion. Technical services for locating, making
of surveys, preparation of plans, specifications, as-built
drawings, estimates and supervision are to be furnished by the
relocBte.lgr/pege 3
'AUG 1 1995 ITEM 17.1
g of 11
consulting engineering firm of Boyle Engineering as a consultant
to the CITY. Inspection services for the construction of the
relocation are to be provide by AUTHORITY.
IV. GENERAL CONDITIONS
All costs accrued by AUTHORITY as a result of CITY's request to
review, study and/or prepare relocation plans, inspection, and
estimates for the project associated with this agreement may be
billed pursuant to the terms and conditions of this Agreement. If
CITY's project which precipitated this Agreement is canceled or
modified so as to eliminate the necessity of work by AUTHORITY,
CITY will notify AUTHORITY in writing and CITY reserves the right
to terminate this Agreement by Amendment. The Amendment shall
provide mutually acceptable terms and conditions for terminating
the Agreement. CITY shall submit a Notice of Completion to the
AUTHORITY's Chief Engineer within thirty (30) days of the
completion of the work described herein. Should any of the
AUTHORITY relocated pipelines be within the CITY's dedicated
street right of way, Joint Use Agreements or Consent to Common Use
Agreements shall be executed by the parties so as to provide
similar rights to AUTHORITY as enjoyed in its exclusive right of
way. The AUTHORITY reserves the right to approve all future
subsurface uses within the dedicated street right of way, provided
approval shall not be unreasonably withheld.
relocate.agr/page 4
~UGl 1995 ~M 17.1
10 of 11
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on
the date first above written.
APPROVED AS TO FORM AND LEGALITY CITY OF POWAY
BY: BY:
Stephen M. Eckis, City Attorney Don Higginson, Mayor
ATTEST:
BY:
Marjorie K. Wahlsten, City Clerk
Dated:
APPROVED AS TO FORM AND LEGALITY SAN DIEGO COUNTY WATER AUTHORITY
BY: BY:
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relocate.agr/page 5
~UG 1 1995 ITEM 17.1
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II. LIABILITY FOR WORK, ACQUISITION OF RIGHTS OF WAY AND SUBORDINATION
AGREEMENTS
The AUTHORITY's existing facilities consist of two 48-inch
diameter, reinforced concrete pipelines located within the First
Aqueduct right of way and its rights are prior and superior to
those of the CITY. The CITY shall obtain appropriate easements
and rights of way and thereafter will relocate the AUTHORITY's two
48-inch diameter pipelines to accommodate the construction of the
Scripps Poway Parkway and the AUTHORITY will abandon its pipelines
in place and take no further action.
relocate.agr/page2
~Gl 1995 ITEM 17. /.if
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''''I RANDALL L WINET ..,.,.To:
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July 28, 1995
Mr. Terry Allen
11281 Del Diablo Way
San Diego, CA 92129
Re: Al:'.n v. County of San Diego
Our File: BC-l92
Dear Mr. Allen:
Pursuant to our discussions on July 27, 1995, please find
-~, enclosed the letter we recently wrote to Paul Pfingst at the G
:....-I District Attorney's Office. We hope that Mr. Pfingst seriously
examines the Sheriff's Report and decides to prosecute Mr.
Zimmerman. If you have any questions concerning our letter to
Mr. Pfingst, please do not hesitate to contact me.
i very truly yours,
CHAPIN, FLEMING & WINET
{lUI Z- iJ~
andall L. Winet
RLW: smh
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RANDAlL L. WlNET "'lJTo:
SL. L. II North CoulUy orr....
July 28, 1995
Paul J. Pfingst
District Attorney
101 W. Broadway, suite 1440
San Diego, CA 9210~.
Re: Allen v. County of San Diego
Our File: BC-192
Dear Mr. Pfingst:
0 Our office represents the eighteen year old and fifteen year
old daughters of Michael Allen. Mr. Allen was shot five times
from point blar.< range by Deputy Sheriff Dave Zimmerman on June
17, 1995. My understanding is that the Sheriff's Homicide
Division has been performing an investigation concerning this
shooting, and recently submitted their investigation to your
office to consider the prosecution of Deputy Zimmerman for the
shooting death of Michael Allen on June 17, 1995.
At the request of the family as well as numerous residents
Ii from the City of Poway, I am requesting that you personally
review the Sheriff Investigation Report and prosecute Mr.
Zimmerman for the death of Michael Allen. My clients and several
residents of the city of poway feel that Mr. Zimmerman is not fit
I to be a Sheriff in their community and should nQt be allowed to
make life and death decisions for the Sheriff's Department.
,
, To provide you a brief summary, Mr. Allen was driving while
allegedly intoxicated on June 17, 1995. He was pulled over at
the Jack in the Box on poway and Pomerado Road by Deputy ,
I Zimmerman. Mr. Allen was unarmed, in no condition to injure
, anyone, and has had a passive personality during his entire
I lifetime.
I
,
,0 Detective Zimmerman alleges that he in some way was in (
danger or another deputy was in danger, and this required him to
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,.,- Re: Allen v. County of San Diego ,".
f July 2S, 1995
Page 2
shoot Mr. Allen five separate times. These bullet Wounds (as
reflected in the autopsy report) show that Mr. Allen was shot
from close range and the bullets entered either the left arm or I
left chest area. Further, the trajectory of the bullets show
that Mr. Allen was apparently continuously shot as he fell Over
to the passenger side of the vehicle. There simply was UQ J
justification for Sheriff Zimmerman's actions.
We have spoken with numerous business owners and residents
from the City of poway who had previously dealt with Deputy
Zimmerman. He had not only continually harassed numerous
business owners in both commercial code enforcement, and bars
around town, but he had bragged that he was not afraid to "put
somebody down if it was necessary".
The AlIens and the residents from the City of poway that I
have Spoken to are most concerned that Mr. Zimmerman's actions
will not be carefully reviewed by the District Attorney's Office,
and he will return to the streets of Poway. This would be a
,......, tr~vesty for all concerned.
We were glad you were elected to be the District Attorney
this past year because of your internal fortitude and strerqth in
making sure things were done right. There was simply no eXCUse
for Deputy Zimmerman for pulling out his gun and shooting Mr.
Allen five times, cutting his life short, and leaving two young
ladies without a father. On behalf of his daughters and several
City residents in the City of Poway, we again request that you
investigate this matter personally and prosecute Deputy Zimmerman
for the crimes he has committed.
My understanding is that a private resident from the City of
Poway having no association with the Allen family recently
distributed a petition throughout the City of poway and obtained
numerous signatures asking for Mr. Zimmerman's removal from the
Sheriff's Department. Please be assured that this petition was
not obtained at the request of our office or the Allen family.
but is the voice of the City of poway residents displaying their
disgust for Deputy Zimmerman's actions.
}
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Allen v. County ot San Diego (
Re:
July 28, 1995
Page 3
Thank you tor your anticipated review ot this matter.
1 Very truly yours,
CHAPIN, FLEMING & WINET
:j r.;?i{.4 LLL/
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I Randall L. Winet
RLW:smh
.mb1BCI92.pfi
cc: Terty Allen
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