Agenda packet — Poway City Council, January 18, 2022

AMENDED AGENDA REMOVAL OF ITEM 7
AGENDA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 January 18, 2022 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.

Meetin gs I Regular City Council meetings are held in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will be open to the public.

Public participation is encouraged in a number of ways as described below. Members of the public may attend the City Council meeting in person, watch the City Council meeting live online, or participate remotely via Zoom. 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.

IN-PERSON SPEAKERS: 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 .

To Watch Live:
www.poway.org/councilmeet ings
To Speak and Participate Remotely :

Go to: www.poway.org/meeting and join using
"Computer Audio"
If your electronic device has no microphone or
speakers:

Call: (877) 853 - 5247
Enter Meeting ID: 623 291 9830
Enter Participant ID provided on your computer
PLEASE NOTE: If you wish to participate, please
also read the Speakers section for detailed
instructions as it has changed.

REMOTE SPEAKERS: If viewing on line or calling in via telephone, it is highly recommended to log in to the waiting room at least 15 to 30 minutes prior to the commencement of the meeting. 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. If you wish to Steve Vaus
Mayor
John Mullin
Deputy Mayor
Dave Grosch
Councilmember
Caylin Frank
Councilmember
Barry Leonard
Councilmember
speak and are joining the meeting online , please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in online and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to speak on is being considered . You may speak up to three (3) minutes . The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be made available online after the meeting.

Techn ical Support I For more information on how to connect, visit www .poway .org/meetinghelp .

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.asp x to receive email notifications when City Council agendas are published online. Items listed on the agenda with a"#" symbol are in preparation.

American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disabil ity 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 .

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:

PUBLIC COMMENT : In accordance with State law, an item not schedu led on the agenda may be brou ght forward by the general public for comment ; however , the City Council will not be able to discus s or take action on any issue not included on the agenda . You may speak up to three (3) minutes .

Speakers have one opportunity to address the Council under Public Commen t.

CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Council memb er, a member of the public, or City Manage r requ ests that an item be removed for discussion .
2 of 4 Regular City Counc il Meeting January 18, 2022

1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda

2. Approval of the November 16, 2021 Regular City Council Meeting Minutes, December 7, 2021 Special City Council Meeting Minutes and December 7, 2021 Regular City Council Meeting Minutes

3. Adoption of Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic

4. Approval of Consultant Agreements with Michael Baker International Inc. and Charles Abbott Associates, Inc. for As-Needed Plan Review Services; RFP No. 22-008

5. Acceptance of the FY 2021-22 Citywide Striping Project; Bid No. 21-013, with Safe USA, Inc., as Complete

6. Acceptance of the LED Street & Safety Lighting Conversion Project; RFP No. 19-025 with Tanko Lighting, Inc. as Complete

7. Poway Dam Emergency Action Plan - removed from agenda on 1/12/2022

8. Approval of Consultant Agreement with Balance Hydrologies, Inc. for Design Services for the Rattlesnake Creek 30% Design Project; RFP No. 22-014

9. Approval of Consultant Agreements with Right-of-Way Engineering Services, Inc. and NV5, Inc. for As-needed Land Surveying Services; RFP 22-015

10. A change to the budgeted Full Time Equivalent (FTE) level of the Regular, Part-Time Park Ranger in Interpretive Services of the Community Services Department from .48 FTE to .50 FTE ORDINANCES FOR INTRODUCTION: None.

ORDINANCES FOR ADOPTION:

11. Second Reading and Adoption of Ordinance No. 851 entitled "An Ordinance of the City Council of the City of Poway, California, Approving Specific Plan Amendment 21-002 to the Old Coach Golf Estates Specific Plan to Transfer Development Rights of Four Single-Family Residential Lots Included in Tentative Tract Map (TTM) 06-02 to a 15.6-Acre Remainder Parcel to be Developed with Six Single-Family Residential Lots, Establish Development Standards for a Proposed Subdivision and Preserve Open Space."
City Manager's Recommendation: It is recommended that the City Council adopt Ordinance No. 851.

PUBLIC HEARINGS:

12. Post 2020 Census Redistricting Process - Third Public Hearing City Manager's Recommendation: It is recommended that the City Council provide direction to staff to pursue the "balanced" option of maintaining the districts as they exist in the currently adopted district map.
3 of 4 Regular City Council Meeting January 18, 2022
STAFF REPORTS:

13. A Resolution Approving an All-Way Stop Control at the Intersection of Martincoit Road and Stone Canyon Road
City Manager's Recommendation: It is recommended that the City Council adopt the Resolution approving an all-way stop control at the intersection of Martincoit Road and Stone Canyon Road.

14. A Resolution Removing No Parking on the West Side of Old Pomerado Road in Front of Bette Bendixen Park
City Manager's Recommendation: It is recommended that the City Council adopt the Resolution, removing approximately 70 feet of a "No Standing or Parking" zone in front of Bette Bendixen Park on Old Pomerado Road.

15. Final Needs Assessment for Community Park
City Manager's Recommendation: It is recommended that the City Council adopt the Final Needs Assessment for Community Park.

WORKSHOPS: None
COUNCIL-INITIATED ITEMS:

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:

CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) AD!OURNMENT
State of California
County of San Diego
)
) 55.
)

AFFIDAVIT OF POSTING
I, Ana Marie Alarcon, CMC, Senior Administrative Assistant 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 January 12, 2022 Said meeting to be held at 7:00 p.m., January 18, 2022, 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.
(1 ~
Ana Marie Alarcon, CMC, City Clerk
4 of 4 Regular City Council Meeting January 18, 2022
1 of 20
January 18, 2022, Item #2
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

January 18, 2022
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk~
(858) 668-4535 or cgallagher@po!(iay.org

CITY COUNCIL
SUBJECT: Approval of the November 16, 2021 Regular City Council Meeting Minutes, December 7, 2021 Special City Council Meeting Minutes and December 7, 2021 Regular City Council Meeting Minutes
Summary
The City Council Meeting Minutes submitted hereto for approval are:
• November 16, 2021 Regular City Council Meeting Minutes • December 7, 2021 Special City Council Meeting Minutes • December 7, 2021 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 that the City Council approve the November 16, 2021 Regular City Council Meeting Minutes, the December 7, 2021 Special City Council Meeting Minutes and December 7, 2021 Regular City Council Meeting Minutes.

Public Notification:

None.

Attachments:

A. November 16, 2021 Regular City Council Meeting Minutes B. December 7, 2021 Special City Council Meeting Minutes C. December 7, 2021 Regular City Council Meeting Minutes Reviewed/ Approved By:

Wendy Kaserman
Assistant City Manager
Reviewed By:

Alan Fenstermacher
City Attorney City Manager
2 of 20
January 18, 2022, Item #2

ATTACHMENT A
NOTE:

These
draft
meeting
minutes
are
not
official
until
approved
by
the
City
Council
at
the
next
scheduled
meeting.

CITY
OF
POWAY
CITY

COUNCIL

REGULAR

MEETING

MINUTES
November
16,
2021
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
John
Mullin,
Caylin
Frank,
Dave
Grosch,
Barry
Leonard,
Steve
Vaus
STAFF

MEMBERS

PRESENT
City
Manager
Chris
Hazeltine;
Assistant
City
Manager
Wendy
Kaserman;
Deputy
City
Attorney
Jayson
Parsons;
City
Attorney
Alan
Fenstermacher,
via
teleconference;
City
Clerk
Carrie
Gallagher;
Development
Services
Director
Bob
Manis;
Finance
Director
Aaron
Beanan;
Human
Resources
and
Risk
Management
Director
Jodene
Dunphy;
Public
Works
Director
Eric
Heidemann;
Interim
Fire
Chief
Scott
Post;
Captain
Dave
Schaller,
Sheriff's
Department.
(Note:

Hereinafter
the
titles
Mayor,
Deputy
Mayor,
Councilmember,
City
Manager,
Assistant
City
Manager,
City
Attorney,
City
Clerk
and
Director
of
Finance
shall
be
used
to
indicate
Mayor/Chair,
Deputy
MayorNice
Chair,
Councilmember/Director,
City
Manager/Executive
Director,
Assistant
City
Manager/Assistant
Executive
Director,
City
Attorney/Counsel,
City
Clerk/Secretary
and
Director
of
Finance/Finance
Officer.)
PLEDGE
OF

ALLEGIANCE
Councilmember
Barry
Leonard
introduced
Troop
643,
who
led
the
Pledge
of
Allegiance.

MOMENT
OF

SILENCE
Mayor
Vaus
led
a
moment of
silence.

PRESENTATIONS Mayor
Vaus
announced
that
the
City
is
holding
the
first
redistricting
public
hearing
tonight
in
conjunction
with
a
regularly
scheduled
City
Council
meeting,
the
public
hearing
must
begin
at
a
time
certain
in
accordance
with
California Elections
Code.

The
public
hearing
was
advertised
to
begin
at
7:
15 p.m.
therefore
the
public
hearing
must
begin
at
7:
15 p.m.
or
as
soon
as
practicable
inhere
is
someone
speaking
at
7:15
p.m.
3 of 20
January 18, 2022, Item #2
City of Poway -Minutes -November 16, 2021

PUBLIC COMMENT
Heather LaForge of the New West Ballet Foundation introduced a group of performers who spoke regarding the upcoming performance, The Nutcracker at the Poway Center for the Performing Arts. They thanked Council for their support of the PCPA.

Bo Matthys of the Poway Symphony Orchestra spoke regarding their upcoming concert program and noted the groups eagerness to discuss the future of the PCPA.

Yuri Bohlen questioned Council on various topics including the Carriage Center Mall, the Outpost and the Poway sign.

Peter Neild spoke regarding Candy Cane Lane traffic warning signs, Starridge Park and potential opportunities with the unlit baseball fields behind Poway High School.

Katherine Hirsch via teleconference, thanked Council and staff for their hard work on Community Park assessment and work on the PCPA.

Mayor Vaus reordered the agenda to hear COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS at this juncture.

Mayor Vaus reordered the agenda to hear Item 9. Initiation of Post 2020 Census Redistricting Process and First Public Hearing at this juncture.

CONSENT CALENDAR
Motioned by Councilmember Mullin, seconded by Deputy Mayor Leonard to approve Consent Calendar Items 1 through 8. Motion carried by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

Mullin, Frank, Grosch, Leonard, 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 October 19, 2021 Regular City Council Meeting Minutes

3. Adoption of Resolution No. 21-091 entitled "A Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVID-19) Global Pandemic"

4. City's Investment Report as of September 30, 2021

5. Award of Agreement to Nth Generation for Storage Area Network (SAN) and Data Backup Solution, RFP No. 22-005

6. Acceptance of the FY 2021-22 Street Maintenance Project; Bid No. 21-014, with Pavement Coatings Co., as Complete
4 of 20
January 18, 2022, Item #2
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7. Acceptance of the FY 2020-21 ADA Barrier Removal -Lake Poway Pathways Project; Bid No. 21-016, with LC. Paving & Sealing, Inc., as Complete

8. Acceptance of the Dock Repair Project with Bellingham Marine Industries, Inc., as Complete In response to a resident question regarding the continuation of Item 3, Adoption of Resolution No. 21-091 entitled "A Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVID-19) Global Pandemic", City Manager Hazeltine explained that the recommendation to continue to extend the emergency is to ensure that we are eligible for any state and federal funding that we may be entitled to.

ORDINANCES FOR INTRODUCTION
None.

ORDINANCES FOR ADOPTION
None.

PUBLIC HEARINGS
Mayor Vaus reordered the agenda to hear Item 9 prior to Consent Calendar.

9. Initiation of Post 2020 Census Redistricting Process and First Public Hearing Mayor Vaus opened the public hearing at 7:15 p.m.

City Attorney Alan Fenstermacher, via teleconference presented the report along with a PowerPoint presentation. He said by state law since the City has by-district elections, the City is required to go through a redistricting process after each decennial census to evaluate district boundaries to ensure compliance with federal and state law and account for population changes. Tonight, is the first of two initial hearings held for the purposes of soliciting input from the public about what factors should be taken into consideration when developing potential maps. No maps will be discussed until the third and fourth required public hearings.

The first hearing is also an opportunity to educate the public about the process and what will take place. Mr. Fenstermacher provided information about the legal requirements the district map must meet, as well as information prepared by the City's demographer, National Demographics Corporation (NOC), using the 2020 Census data. The information showed that the City's current City Council districts are still balanced since there was minimal population change. Additionally, Mr. Fenstermacher noted that the current districts meet both federal and state requirements. The third and fourth public hearings are tentatively scheduled for January 18, and February 1, 2022 to provide opportunities for the public to comment on any potential draft maps. The City will need to either re-adopt the existing map, which remains fully compliant with federal and state laws, or adopt a new map by April 17, 2022 in order to have the map in place for the November 2022 General Election. The City is tentatively scheduled to have a first reading of the proposed map on February 1, 2022 followed by second reading and adoption on February 15, 2022.
5 of 20
January 18, 2022, Item #2
City of Poway -Minutes -November 16, 2021
Public Comment:

Bernie Guzman spoke regarding divided neighborhoods, he requested Council revise the districts to reconnect his area of Garden Road with the rest of Garden Road.

Yuri Bohlen stated that besides a few anomalies, the current map contains all the required criteria therefore change is not needed prior to the 2030 census.

Peter Neild spoke regarding minor anomalies within District One.

Jessie Mellor, via teleconference inquired on legal requirements for voter material in languages other than English and spoke regarding empowering residents to draw their own maps.

Mayor Vaus closed the public hearing at 7:30 p.m.

Council discussion ensued, factors and limitations that go into drawing district lines and potential ramifications if even minor changes are made to the current map were discussed.

Council noted looking forward to exploring their options and working through the process.

Motioned by Mayor Vaus, seconded by Councilmember Frank to 1) Set the remaining public hearing meeting dates for the Post 2020 Census Redistricting Process; and 2) Provide direction to staff/demographer to pursue the "balanced"option of maintaining the districts as they exist, addressing the questions that Council has in the currently adopted district map or pursue a more comprehensive process to develop a new map.

Motion carried unanimously.

10. Resolution Adopting/Approving an Amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2020-21 through 2024-25 Mayor Vaus opened the public hearing at 7:46 p.m.

City Engineer Melody Rocco presented the report along with a PowerPoint presentation. She explained that this item is an amendment to the 2021 five-year Regional Transportation Improvement Program funded through the Transnet extension ordinance which was approved by the San Diego County voters in 2004. Every two years local cities are required to prepare a five-year list of projects to be funded through this program. The current list was approved by in May 2020 and amended in May 2021. This is another amendment to the current list of projects. The construction cost estimate for the Espola Rd bike lanes project is nearly double the available construction funds and staff recommends placing the project on hold until future funding is available and in order to avoid losing the program to funds, the money is being reallocated.

No speakers.

Mayor Vaus closed the public hearing at 7:50 p.m.

Council discussion ensued.

Motioned by Mayor Vaus, seconded by Councilmember Mullin to adopt Resolution No. 21-092 entitled "A Resolution of the City Council of the City of Poway, California, Adopting/Approving an Amendment to the Transnet Local Street Improvement 6 of 20
January 18, 2022, Item #2
City of Poway -Minutes -November 16, 2021
Program of Projects for Fiscal Years 2020-21 through 2024-25" and amend the FY 2021- 22 Capital Improvement Program Budget to appropriate $700,000 in RTIP funds to the FY 2021-22 Street Overlay Project ST019. Motion carried unanimously.

11. An Ordinance Adopting the Titan Way Engineering and Traffic Survey Mayor Vaus opened the public hearing at 7:55 p.m.

City Engineer Melody Rocco presented the report along with a PowerPoint presentation. She stated that speeding on Titan Way has not been a concern in the past due to the frequent school related traffic and the presence of children. During the pandemic however, the school was closed and there was little traffic and no children present. So, without an approved speed survey, the Sheriff's Department was unable to enforce the speed limit because there were no children present. They requested that staff establish a speed limit on Titan Way after traffic volumes increased near pre pandemic levels. The Titan Way Engineering and Traffic Survey was completed, and findings presented to the Traffic Safety Committee on October 13, 2021.

Staff recommends establishing a speed limit of 25 miles per hour on Titan Way.

No speakers.

Mayor Vaus closed the public hearing at 7:59 p.m.

Council discussion ensued.

Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to introduce Ordinance No. 850 entitled "An Ordinance of the City Council of the City of Poway, California, Adopting the Titan Way Engineering and Traffic Survey" and schedule adoption of the Ordinance for December 7, 2021. Motion carried by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

STAFF REPORTS
Mullin, Frank, Grosch, Leonard, Vaus
None
None
None
None

12. Adopt a Resolution Approving a Preliminary Official Statement in Connection with the Sale of Taxable Pension Obligation Bonds
Director of Finance Aaron Beanan presented the report along with a PowerPoint presentation.

He reminded the City Council the first presentation on potentially issuing pension obligation bonds (POBs) was presented to the City Council in August 2021. Due to historically low interest rates, the City has the opportunity through POBs to essentially refinance its pension debt to a lower interest rate and in turn generate annual savings. At the August 3 meeting, the City Council authorized the initial steps necessary to issue POBs with the understanding staff needed to return to the City Council at a future meeting in order for the City Council to approve actual issuance of the POBs. Mr. Beanan presented the risk analysis summary explaining the process of a modified level debt service structure, he also reminded the City Council that during the August meeting there was discussion about issuing debt for a portion of the City's unfunded accrued liability (UAL) or issuing POBs for the City's full UAL amount. Mr. Beanan explained that the UAL is always a snapshot in time and regardless of which approach the 7 of 20
January 18, 2022, Item #2
City of Poway -Minutes -November 16, 2021
City takes to pay down pension liability, there will always be a UAL. Based upon staff and consultants analysis, staff is recommending POBs be issued for the full UAL amount based on the anticipated annual savings the City will realize. He added the CalPERS discount rate has a direct impact on what the City pays to CALPERS annually for UAL. The discount rate is anticipated to drop to 6.50% which will increase the City's UAL and in turn annual payments to CALPERS.

Mr. Beanan explained that POBs are just one component of a larger City strategy to address retirement costs. As part of the requested City Council action on this item, staff recommended the City Council adopt the draft pension reserve and funding policy included with the staff report.

Mr. Beanan's presentation concluded with a review of all the requested action items related to issuance of the POSS, the pension reserve and funding policy, and upcoming items related to the POBs including a pending Standard & Poors credit rating and completion of the judicial validation process.

No speakers.

Council discussion ensued.

In response to Council questions about the pension reserve and funding policy, Mr. Beanan stated that the idea would be to take potential general fund surplus in each year after the audit was finalized and Council could choose to transfer some or all of that savings toward pension costs. Use of the funds for these purposes would depend on the City's overall financial standing and other priorities.

Mr. Beanan stated that Pension Obligation Bonds (POB's) are issued based on a snapshot in time with all of the information we have today. He reminded Council that this process is not eliminating but rather refinancing unfunded liability which can only be managed and never fully extinguished.

Motioned by Councilmember Mullin, seconded by Councilmember Frank to adopt Resolution No. 21-093 entitled "A Resolution of the City Council of the City of Poway, California, Authorizing the Sale of Taxable Pension Obligation Bonds to Refinance the City's Obligation to the California Public Employees' Retirement System, Approving the Form of a Preliminary Official Statement and a Continuing Disclosure Agreement, and Approving Additional Actions Related Thereto". Motion carried unanimously.

13. DRAFT Needs Assessment for Community Park
City Planner David DeVries and PROS Consulting Vice President Neelay Bhatt presented the item along with a PowerPoint presentation. Mr. DeVries reminded the City Council that this assessment was the result of a Council initiated item brought forward by Deputy Mayor Leonard and Councilmember Grosch. He stated City staff contracted with PROS Consulting to complete a usage and needs assessment of Community Park. He added the assessment included extensive research and analysis and a very robust public outreach program. He provided a brief background on the qualifications of the PROS Consultants and noted City staff is requesting that Council review the considerations from the consultant team and then provide feedback.
8 of 20
January 18, 2022, Item #2
City of Poway -Minutes -November 16, 2021
Neelay Bhatt, Vice President of PROs Consulting discussed the process, spoke regarding trends and community input. He described the extensive public outreach done as a part of the needs assessment and complimented the City on the level of public participation through the survey process. Top priorities that emerged from the public outreach process included trees/shade, connectivity of pathways, more lighting, restrooms in closer proximity to play structures, adventure amenities, and dedicated Pickleball courts. Preferred marketing mechanisms, preferences for updating existing amenities and consideration for adding new amenities such as exercise equipment were established. Other topic discussed included improvements in operations such as hours of operation, maintenance improvements, and utilization of technology.

Staff explained that the final needs assessment will be presented to the City Council for consideration in January 2022 and that prior to incorporating any projects into future Capital Improvement Program (CIP) budgets, additional project design and planning would need to be done.

Public Comment:

Yuri Bohlen requested clarification on the proposed shade structure and noted he fully supports and looks forward to updates to the park.

Michael Yee, via teleconference, spoke regarding bicycle connectivity and bicycle parking.

Council discussion ensued and direction was provided.

WORKSHOPS
None.

COUNCIL-INITIATED ITEMS
None.

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Mullin reported on the Metro Wastewater Commission and provided an overview of how billing and payments are handled with accuracy as a primary mission.

Mayor Vaus reported while visiting Poway Fire Station 1, he attended a few medical calls and had dinner with the staff. He praised them for their professionalism and love of the City.

CITY MANAGER ITEMS:

None.

CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)

14. Conference with Labor Negotiators
Government Code Section 54957.6
Designated City Representatives: Chris Hazeltine, Wendy Kaserman, Aaron Beanan and Jodene Dunphy
9 of 20
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Employee Organizations: Management/Confidential
Deputy City Attorney Jayson Parsons announced that a report out of any action taken during Closed Session, would be done at the next Regular City Council meeting.

Mayor Vaus adjourned the meeting into Closed Session at 9:31 p.m.

City Council came out of Closed Session at 10:14 p.m.

ADJOURNMENT
The meeting adjourned at 10:14 p.m.

Carrie Gallagher
City Clerk
City of Poway, California
10 of 20
January 18, 2022, Item #2

ATTACHMENT B
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.

CITY OF POWAY

CITY COUNCIL SPECIAL MEETING

MINUTES -CLOSED SESSION
December 7, 2021
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 Special Meeting to order at 6:45 p.m.

ROLL CALL
John Mullin, Caylin Frank, Dave Grosch, Barry Leonard, Steve Vaus

STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher

PUBLIC COMMENT
None.

CONSENT CALENDAR
None.

COUNCIL-INITIATED ITEMS
None.

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
None.

CITY MANAGER ITEMS:

None.

CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)

CLOSED SESSION
11 of 20
January 18, 2022, Item #2
City of Poway -Minutes -December 7, 2021

1. Conference with Legal Counsel -Existing Litigation (Government Code Section 54956.9(d))
Name of Case: Shahram Elihu dba Blue Pacific Engineering & Construction v. City of Poway
San Diego Superior Court Case No. 37-2021-00033761
Mayor Vaus adjourned the meeting into Closed Session at 6:46 p.m.

City Council came out of Closed Session at 6:55 p.m. and City Attorney Fenstermacher announced that there was no reportable action.

ADJOURNMENT
The meeting adjourned at 6:55 p.m.

Carrie Gallagher, CMC
City Clerk
City of Poway, California
12 of 20
January 18, 2022, Item #2

ATTACHMENT C
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.

CITY OF POWAY

CITY COUNCIL REGULAR MEETING

MINUTES
December 7, 2021
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: John Mullin, Caylin Frank, Dave Grosch, Barry Leonard, Steve Vaus

STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Director of Community Services Audrey Denham; Interim Fire Chief Scott Post; Captain Dave Schaller, Sheriff's Department (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.)

PLEDGE OF ALLEGIANCE
Deputy Mayor Leonard led the Pledge of Allegiance.

MOMENT OF SILENCE
Mayor Vaus led a moment of silence.

PRESENTATIONS

PUBLIC COMMENT
Torrey Powers, via email, sent in correspondence regarding renaming the event "Christmas in the Park" to something more inclusive.
13 of 20
January 18, 2022, Item #2
City of Poway -Minutes -December 7, 2021
Kathleen Lippitt, via email, sent in correspondence regarding environmental threats from marijuana cultivation in public forests.

Katherine Hirsch spoke regarding Southern California Ballet's upcoming performance of The Nutcracker to be held at the Poway Center for the Performing Arts. She introduced a few individual dancers and encouraged investing in the arts to bring value to the community.

Mara Wendel spoke regarding Southern California Ballet, the upcoming performance of The Nutcracker and she encouraged the community to continue to support the program.

Tom Farley spoke regarding his traditional Christmas tree light display and dedicated this year's tree number 33 to Councilmember Dave Grosch as a way to thank him for always being available to his constituents.

Yuri Bohlen noted that it was the 80th anniversary of Pearl Harbor and spoke regarding the 41 st anniversary of Poway's incorporation. He suggested that every December 1 going forward be Poway's official annual birthday.

Joe St. Lucas spoke regarding a Happy Holidays vs. a Merry Christmas greeting in a politically correct society.

Tammy Slater spoke regarding suspicious activity at the Metate Trailhead driveway.

In response to Ms. Slater's comment, San Diego County Sheriff Deputy Captain Dave Schaller provided an update.

Mayor Vaus reordered the agenda to hear Item 10. Post 2020 Census Redistricting Process -Second Public Hearing at this juncture.

CONSENT CALENDAR
Motioned by Mayor Vaus, seconded by Councilmember Frank to approve Consent Calendar Items 1 through 5 and 7 through 8. Motion carried by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

Mullin, Frank, Grosch, Leonard, Vaus
None
None
None
None
Motioned by Councilmember Mullin, seconded
by Councilmember Frank to approve
Consent Calendar Item 6. Motion carried by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

Mullin, Frank, Leonard
Vaus,Grosch
None
None
None

1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2 14 of 20
January 18, 2022, Item #2
City of Poway -Minutes -December 7, 2021

2. Approval of the November 2, 2021 Regular City Council Meeting Minutes

3. Adoption of Resolution No. 21-094 entitled "A Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVI D-19) Global Pandemic" .

4. Adoption of Resolution No. 21-095 entitled "A Resolution of the City Council of the City of Poway, California, Approving Application(s) for Per Capita Grant Funds"

5. Acceptance of the Old Poway Park Museum Gas Line Replacement project, Project No.

MN031, with Tri-Group Construction and Development, Inc., as Complete (Item 6 pulled by Mayor Vaus for separate consideration)

6. Lease of City-owned Property located at 13875 Kirkham Way with PTI US Towers II, LLC, for Use of a Portion of the Property for the Construction and Operation of a Cell Tower

7. Approval of Local Appointments List of City Council Appointed Committees for 2022

8. Adoption of Resolution No. 21-096 entitled "A Resolution of the City Council of the City of Poway, California, Approving Changes to the City of Poway Position Classification Plan and the City of Poway Management/Confidential Salary Schedule," Resolution No. 21-097 entitled "A Resolution of the City Council of the City of Poway, California, Amending the City of Poway Personnel Rules to Add A New Benefit for New Regular Employees Providing Credit For Years of Service at Prior Public Sector Employers Through Initial Vacation Accrual Rates," and Resolution No. 21-098 entitled "A Resolution of the City Council of the City of Poway, California, Approving the Part-Time Temporary/Seasonal Wage Schedule and The Non Safety Salary Schedule"
Mayor Vaus reordered the agenda to hear Item 12. Overview of the Proposed SAN DAG 2021 Regional Plan and Resolution Opposing Adoption of the Proposed Regional Plan at this juncture.

ORDINANCES FOR INTRODUCTION:

None.

ORDINANCES FOR ADOPTION

9. Second Reading and Adoption of Ordinance No. 850 entitled "An Ordinance of the City Council of the City of Poway, California, Adopting the Titan Way Engineering and Traffic Survey."
No speakers.

Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Ordinance No. 850 entitled "An Ordinance of the City Council of the City of Poway, California, An Ordinance of the City Council of the City of Poway, California, Adopting the Titan Way Engineering and Traffic Survey." Motion carried by the following roll-call vote:

Ayes:

Noes:

Mullin, Frank, Grosch, Leonard, Vaus
None
3 15 of 20
January 18, 2022, Item #2
City of Poway -Minutes -December 7, 2021
Abstained: None

Absent: None
Disqualified: None
PUBLIC HEARINGS:

Mayor Vaus reordered the agenda to hear Item 10. after Public Comment.

10. Post 2020 Census Redistricting Process -Second Public Hearing Mayor Vaus opened the Public Hearing at 7: 16 p.m.

City Attorney Alan Fenstermacher presented the report along with a PowerPoint presentation.

He stated that tonight's hearing was the second of two initial public hearings and added that this hearing is intended to take public comment to consider the process and answer any questions by City Council prior to the release of any new draft map(s). He explained that there would be two additional hearings; the first on January 18, 2022, to discuss and take comments on any draft map(s); and the second on February 1, 2022, to further discuss, take comments and to conduct the first reading of the proposed ordinance. He further explained that the described timeline would allow for the map to be fully adopted by ordinance prior to the April 17, 2022 deadline. He spoke regarding federal and state requirements for the map and other traditional redistricting principles noting that the current map remains in compliance.

Public Comment:

Pete Babich spoke regarding missed opportunity by not having spent more time on the formal redistricting process.

Yuri Bohlen spoke regarding compliance with the process and voiced a preference for redrawing maps in 2030.

Peter Neild spoke regarding neighborhood communities and the need for geographic emphasis on drawing the district lines in order to comply with the state.

Amit Asaravala via teleconference spoke regarding the redistricting process stating that a form letter can be indicative of an item with a high level of interest and questioned whether the Council was considering the public views.

End of Public Comment.

Mayor Vaus closed the Public Hearing at 7:30 p.m.

Council discussion ensued in favor of Option 2 of the staff report. Council commented and concurred that while they are elected to districts, they govern for the entire City and not by district.

11. Specific Plan Amendment (SPA) 21-002 and Tentative Tract Map (TTM) 21-004, a Request to Amend the Old Coach Golf Estates Specific Plan to Designate Portions of a Remainder Parcel Residential with Revised Development Standards, Allow for Six Single-Family Residential Lots on the Remainder Parcel, Rescind TTM06-02, Allowing for One Residential 4 16 of 20
January 18, 2022, Item #2
City of Poway -Minutes -December 7, 2021
Unit, and Preserve 120 Acres of Open Space. Assessor's Parcel Numbers 277-171-22, 277- 071-05, 277-071-14, 277-071-16, 277-071-19 and 277-080-04 Mayor Vaus opened the Public Hearing at 7:51 p.m.

Director of Development Services Bob Manis presented the item along with a PowerPoint presentation. Mr. Manis explained that the applicant Sunroad Enterprises is proposing to designate portions of a remainder parcel residential, allow for six single-family residential lots and establish development standards for the subdivision on a property located north of the intersection of Espola Road and Old Coach Road.

Public Comment:

Lisa Gordon, representing applicant Sunroad Enterprises, stated they agree with the staff report as presented as well as staff's recommendation. She explained that there would be no density increase and the development would provide six new home sites with 120 acres of preserved open space. She mentioned planned improvements to benefit the community.

Mayor Vaus closed the Public Hearing at 8:08 p.m.

Council discussion ensued.

In response to Council inquiry, Mr. Manis explained that under the current subdivision, 111 acres are to be preserved as open space however with the transfer, an additional 9 acres would be added.

Additionally, Mr. Manis noted that the empty lot remainder parcel at Fire Station 2 has no specific plan assigned to it.

Discussion ensued that Sunroad Enterprises could be a better community partner and suggestion was made that they join and be active members of the Chamber of Commerce and do more for the community of Poway and not just the community they propose to develop.

Council concurred that the proposed plan is better than the existing plan.

Motioned by Councilmember Frank, seconded by Councilmember Mullin to adopt Resolution No. 21-099 entitled "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map 21-004 for A Six-Lot Subdivision, Rescinding TTM06-02 Allowing for One Single-Family Residential Lot to Remain and Transferring A Four-Lot Density From TTM06-02 to TTM21-004 with Approximately 120 Acres of Open Space to Remain; Assessor's Parcel Numbers 277-171-22, 277-071-05, 277-071- 14, 277-071-16, 277-071-19, and 277-080-04." Motion carried 4/1 with Mayor Vaus abstaining from the vote.

Motioned by Councilmember Frank, seconded by Councilmember Mullin to adopt Ordinance No. 851 entitled "An Ordinance of the City Council of the City of Poway, California, Approving Specific Plan Amendment 21-0012 to the Old Coach Golf Estates Specific Plan to Transfer Development Rights of Four Single-Family Residential Lots Included in Tentative Tract Map (TTM) 06-02 to a 15.6-Acre Remainder Parcel to be Developed with Six Single-Family Residential Lots, Establish Development Standards for a Proposed Subdivision and Preserve Open Space." Motion carried by the following roll-call vote:
5 17 of 20
January 18, 2022, Item #2
Ayes:

Noes:

Abstained:

Absent:

Disqualified:

STAFF REPORTS
City of Poway -Minutes -December 7, 2021
Mullin, Frank, Grosch, Leonard
None
Vaus
None
None
Mayor Vaus reordered the agenda to hear Item 12. after item 8.

12. Overview of the Proposed SANDAG 2021 Regional Plan and Resolution Opposing Adoption of the Proposed Regional Plan
City Manager Chris Hazeltine introduced the item. Mr. Hazeltine explained that the proposed 2021 SANDAG Regional Plan shifts transportation planning and funding away from constructing and widening highways to focusing on transit option. In the proposed $165 billion plan, transit projects would receive $105 billion, where roads and highways would receive approximately $40 billion. Mr. Hazeltine further explained that in order to achieve the transit vision, SANDAG proposes to generate new revenue from two future $.05 cent increases and $1.25 fee on Uber and Lyft rides along with a road usage fee, which charges individuals per mile traveled. On Friday December 10, 2021 the proposed 2021 Regional Plan will be presented to the SAN DAG Board of Directors for adoption. Based on how the plan is currently written in ways that do not benefit all member agencies, staff has drafted a resolution for consideration and adoption that opposes adoption of the 2021 Regional Plan until it is revised to include a more balanced approach to transportation planning and funding.

No speakers.

Council discussion ensued in favor of the adoption of the Resolution Opposing Adoption of the Proposed Regional Plan.

Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to adopt Resolution No. 21-100 entitled "A Resolution of the City Council of the City of Poway, California, Opposing the Adoption of the SANDAG Proposed 2021 Regional Plan." Motion carried unanimously.

13. Development Review 21-003 -Outpost: a Request to Modify an Approved Mixed-Use Development (Development Review 17-010) at 13249-13253 Poway Road Director of Development Services Bob Manis presented the item along with a PowerPoint presentation. Mr. Manis explained the previously approved project consisted of three buildings, two of which were three story with a total of 40,213 square feet of commercial use and 53 residential units. He stated thatconstruction has been paused at the site. Mr. Manis further explained that CAPEXCO is requesting a modified project that no longer includes a fitness center, requests a reduction of 25,000 square feet of commercial space and the addition of 19 residential units, for a total of 72 units of which nine will be affordable to low income households.
6 18 of 20
January 18, 2022, Item #2
City of Poway -Minutes -December 7, 2021
Public Comment:

Spoke in support:

Pete Babich
Howard Blackson
Spoke neutrally towards the project:

Danny Sherlock
Yuri Bohlen
Joe St. Lucas
End of Public Comment.

Council discussion ensued. Council expressed disappointment that the project would no longer be the marquee Poway Road redevelopment project that was presented to the City Council when the project was originally approved. Additionally, the City Council commented regarding negative impacts on the community resulting from the paused project including longstanding sidewalk issues and missed payments to the Boys and Girls Club for storage space rental.

Councilmember Grosch inquired on an anticipated timeframe for completion of the project.

Motioned by Councilmember Frank, seconded by Councilmember Mullin to adopt Resolution No. 21-101 entitled "A Resolution of the City Council of the City of Poway, California, approving development review 21-003, a request to modify an approved mixed-use development (development review 17-010) located at 13249-13253 Poway Road. Assessor parcel number 317-473-20." Motion carried 4/1 with Councilmember Grosch voting no.

WORKSHOPS:

None.

COUNCIL-INITIATED ITEMS:

14. Appointment of Deputy Mayor for 2022
No speakers.

Motioned by Mayor Vaus, seconded by Councilmember Grosch to appoint Councilmember Mullin to serve as Deputy Mayor for the one-year term commencing December 7, 2021. Motion carried unanimously.

15. Appointment to Regional Agencies' Boards, Commissions and Committees for 2022 Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to make the following appointments to the regional agencies' Boards, Commissions and Committees for calendar year 2022. Motion carried unanimously.

1. San Diego Division, League of California Cities
7 19 of 20
January 18, 2022, Item #2
City of Poway -Minutes -December 7, 2021
a. Primary -Caylin Frank
b. 1st Alternate -Dave Grosch

2. Metropolitan Transit System (MTS)
a. Primary -Caylin Frank
b. 1st Alternate -John Mullin

3. San Diego Association of Governments Board (SANDAG)
a. Primary -Steve Vaus
b. 1st Alternate -John Mullin
c. 2nd Alternate -Caylin Frank

4. Metro Wastewater Commission/JPA
a. Primary -John Mullin
b. 1st Alternate -Director of Public Works

5. San Dieguito River Park JPA
a. Primary -Dave Grosch
b. 1st Alternate -Barry Leonard

6. City of Poway/PUSD Joint Use Subcommittee for lnterjurisdictional Cooperation a. Primary -Barry Leonard
b. 1st Alternate -Caylin Frank

7. Regional Solid Waste Association (RSWA)
a. Primary-Dave Grosch
b. 1st Alternate -John Mullin

8. Goodan Ranch Policy Committee
a. Primary -Barry Leonard
b. 1st Alternate -Director of Community Services
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Deputy Mayor Mullin acknowledged the City having received a triple A rating, the highest that can be issued for pension obligation bonds. He thanked staff, colleagues and acknowledged his predecessors. He pointed out prior City Manager, Jim Bowersox, had put the wheels in motion for the sound financial management that we exercise today and stated we should all be proud.

Mayor Vaus reiterated that the SANDAG Regional Plan transportation tax vote was scheduled for Friday morning. He added that Deputy Mayor Mullin would serve as alternate due to Mayor Vaus having a previous obligation. He encouraged residents to reach out and let all San Diego Association of Governments Board members know how you feel about the Plan.

CITY MANAGER ITEMS:

None.

CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) City Attorney Alan Fenstermacher announced that there was no reportable action from the 6:45 p.m. Special Closed Session.
8 20 of 20
January 18, 2022, Item #2
City of Poway -Minutes -December 7, 2021

ADJOURNMENT
The meeting adjourned at 9: 12 p.m.
9 Carrie Gallagher, CMC
City Clerk
City of Poway, California
January 18, 2022, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
January 18, 2022
Honorable Mayor and Members of the City Council
Scott Post, Interim Fire Chief o{J
Scott Post, Interim Fire Chief
(858) 668-4462 or [email protected]

CITY COUNCIL
Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic The Novel Coronavirus (COVID-19) global pandemic continues to cause unprecedented impacts on all economic and social segments of the United States. Federal, state, and county directives, mandates and orders to prevent, control and manage the spread of COVID-19 have, and continue to, impact Poway residents, businesses and visitors. On March 18, 2020, the City Council approved a resolution proclaiming a local emergency. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting.

Recommended Action:

It is recommended that the City Council approve a resolution continuing the Proclamation of Local Emergency authorizing the City Manager to take necessary actions to protect the public and welfare of the City from the serious and imminent threat of COVID-19. This action requires a four-fifths (4/5) vote of the City Council.

Discussion:

The COVID-19 global pandemic continues to impact business, education, healthcare, military, and social segments of the United States. COVI D-19 has resulted in a swift economic slowdown and high unemployment rates. Federal, state, and county directives, mandates, orders and guidelines have been issued to prevent, control and manage the spread of COVI D-19. While efforts are focused on re opening the economy and relaxing restrictions, impact on Poway residents, businesses and visitors continues. In response to the COVID-19 global pandemic, and its impact on Poway, the City Manager, serving as Director of Emergency Services for the City of Poway, proclaimed a local emergency on March 13, 2020. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the City Manager's Proclamation of Local Emergency. The City Council approved to continue the emergency action in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, and December 15. In 2021, the City Council approved to continue the emergency action on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, 1 of 5
January 18, 2022, Item #3
September
7,
October
5,
October
19,
November
2,
November
16,
and
December

7. The
adopted
resolution
requires
the
City
Council
to
either
continue
the
emergency
action
or
declare
the
emergency
ended
at
each
regular
meeting.

Environmental
Review:

This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).

Fiscal
Impact:

As
of
January
3,
2022,
City
costs
to
respond
to
COVID-19
are
estimated
at
$1,046,044.

These
costs
specifically
relate
to
FEMA
eligible
expenditures.

The
total
fiscal
impact
is
unknown
at
this
time.

Per
the
City
Council
adopted
General
Fund
Reserve
policy,
the
City
maintains
a
General
Fund
Reserve
of
45 percent
of
the
budgeted
annual
General
Fund
operating
expenditures,
or
$20,393,896
as
of
June
30,
2021,
net
of
the
$2,000,000
used
from
the
Extreme
Events/Public
Safety
reserve
the
City
Council
approved
on
April
16,
2020
to
fund
the
Poway
Emergency
Assistance
Recovery
Loan
(PEARL)
program.

The
PEARL
program
is
discussed
in
more
detail
below.

Within
that
45 percent,
$13,179,618
is
set
aside
for
Extreme
Events/Public
Safety.

Based
upon
the
City's
reserve
policy,
there
are
adequate
reserves
to
cover
the
costs
to
respond
to
this
health
emergency.

Further,
staff
believes
some
of
the
costs
are
recoverable
under
State
and
Federal
Disaster
programs.

Amounts
recovered
under
these
programs
will
be
used
to
replenish
the
General
Fund
reserve.

Pursuant
to
the
reserve
policy,
staff
will
return
with
a
plan
to
replenish
any
General
Fund
reserves
not
replenished
under
a
State
or
Federal
Disaster
program.

Staff
will
recommend
applicable
budget
adjustments
prior
to
the
completion
of
the
current
fiscal
year.

In
addition
to
using
reserves
to
respond
to
COVID-19,
as
mentioned
above,
on
April
20,
2020,
the
City
Council
approved
$2,000,000
to
fund
the
PEARL
program
for
small
businesses.

The
PEARL
program's
goal
is
to
offer
financial
assistance
to
small
businesses
located
in
Poway
by
complementing
existing
state
and
federal
loan
programs
and
to
provide
a financial
bridge
to
businesses
to
survive
the
current
emergency.

The
PEARL
program
provides
loans
of
up
to
$50,000
to
eligible
businesses.

As
of
January
3,
2022,
staff
has
received
80 applications
requesting
$2,912,165
in
loans.

Based
on
staff's
review,
35 loans
totaling
$1,385,326
have
been
approved
and
four
loans
totaling
$148,000
have
been
repaid.

The
reserve
fund
will
be
replenished
from
the
repayment
of
PEARL
loans
over
a
three-year
period
following
the
end
of
the
local
COVI
D-19
emergency.

This
period
falls
within
the
General
Fund
Reserve
Policy's
direction
to
fully
replenish
reserves
within
five
years
of
use.

Public
Notification:

None. Attachments: A.

Resolution
B.

Proclamation
of
Local
Emergency
Reviewed/
Approved
By:

Wendy
Kaserman
Assistant
City
Manager
2 of
5 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:
c~ City
Manager
January 18, 2022, Item #3
RESOLUTION NO. 21-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, FINDING AND DECLARING THE

CONTINUED EXISTENCE OF AN EMERGENCY WITHIN THE
CITY DUE TO THE NOVEL CORONAVIRUS (COVID-19) GLOBAL

PANDEMIC
WHEREAS, the Novel Coronavirus (COVID-19) global pandemic in the City of Poway, commencing on or about January 24, 2020 that creates a threat to public health and safety; WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section

2.12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by a public calamity, and the City Council is not in session;
WHEREAS, on March 13, 2020, the City Manager, acting pursuant to Government Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based on conditions of extreme peril to the health and safety of persons caused by the Novel Coronavirus (COVID-19) global pandemic;
WHEREAS, on March 18, 2020, the City Council, acting pursuant to Government Code section 8630 and PMC section 2.12.065, ratified the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, approved extending the emergency declaration during regularly scheduled meetings in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, December 15, and in 2021 on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16 and December 7;
WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050;
WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and
WHEREAS, such the Novel Coronavirus (COVID-19) global pandemic constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or property.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby 3 of 5 ATTACHMENT A
January 18, 2022, Item #3
Resolution No. 21-

Page 2 ends

finds and declares:

SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVID-19) global pandemic; and
(a) The continuing threat of the Novel Coronavirus (COVID-19) global pandemic requires that the City be able to expend public money in order to safeguard life, health, or property;
(b) The City Manager, as the City's Personnel Officer, is authorized to take actions necessary to alter employee leave policies and ensure a safe and healthy workforce;
( c) The City Manager is authorized to safeguard life, health, or property without complying with notice or bidding procedures; and (d) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regular meeting, at which time the City Council shall either continue the emergency action or declare the emergency ended.

SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council.

PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 18th day of January, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
4 of 5
January 18, 2022, Item #3

PROCLAMATION
OF
LOCAL

EMERGENCY

WHEREAS,
section

2.12.060
of
the
Poway
Municipal
Code
empowers
the
Director
of
Emergency
Services
to
proclaim
the
existence
or
threatened
existence
of
a
local
emergency
when
the
City
is
affected
or
likely
to
be
affected
by
a
public
calamity
and
the
City
Council
is
not
in
session;

WHEREAS,
the
City
Manager,
as
Director
of
Emergency
Services
of
the
City
of
Poway,
does
hereby
find
that
conditions
of
extreme
peril
to
the
safety
of
persons
and
property
have
arisen
within
the
City
of Poway,
caused
by
the
Novel
Coronavirus
(COVID-19)
commencing
on
January
24,
2020;

WHEREAS,
that
the
City
Council
of
the
City
of
Poway
is
not
in
session
and
cannot
immediately
be
called
into
session;
and

WHEREAS,
this
Proclamation
of
Local
Emergency
will
be
ratified
by
the
City
Council
within
seven
days
of
being
issued.

NOW,

THEREFORE,
IT
IS
HEREBY

PROCLAIMED
by
the
Director
of
Emergency
Services
for
the
City
of
Poway,
that
a
local
emergency
now
exists
throughout
the
City
and
that
said
local
emergency
shall
be
deemed
to
continue
to
exist
until
its
termination
is
proclaimed
by
the
City
Council; IT
IS

FURTHER

PROCLAIMED
AND

ORDERED
that
during
the
existence
of
said
local
emergency
the
powers,
functions,
and
duties
of
the
emergency
organization
of
this
City
shall
be
those
prescribed
by
state
law,
ordinances,
and
resolutions
of
this
City,
and
by
the
City
of
Poway
Emergency
Plan;
and
IT
IS

FURTHER

PROCLAIMED
AND

ORDERED
that
a
copy
of
this
Proclamation
of
Local
Emergency
be
forwarded
to
the
State
Director
of
the
Governor's
Office
of
Emergency
Services
with
a
request
that;

1. The
State
Director
find
the
Proclamation
of
Local
Emergency
acceptable
in
accordance
with
provisions
of
the
Natural
Disaster
Assistance
Act;
and

2. The
State
Director
forward
this
Proclamation,
and
request
for
a
State
Proclamation
and
Presidential
Declaration
of
Emergency,
to
the
Governor
of
California
for
consideration
and
action.

PASSED

AND ADOPTED
by
the
Director
of
Emergency
Services
for
the
City
of
Poway
this
13th
day
of
March
2020.

Chr
~
Director
of
Emergency
Services
5 of
5 ATTACHMENT
B
'<'\ r row --;-\ :'If-
•
_,
-
, . -
••:>,(.· f.. I • ' • -•-:-"'•
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
January 18, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services M
Tracy Beach, Senior Civil Engineer -re,
(858) 668-4652 or [email protected]

CITY COUNCIL
Approval of Consultant Agreements with Michael Baker International, Inc. and Charles Abbott Associates, Inc. for As-Needed Plan Review Services; RFP No. 22-008 In September 2021, the City sent out a Request for Proposal (RFP) for as-needed plan review services.

This action will approve the Consultant Agreements with Michael Baker International, Inc. and Charles Abbott Associates, Inc. to provide as-needed plan review services. The length of the agreement is from January 3, 2022 through January 2, 2024, with a provision to mutually extend the agreements with three extensions of one year each.

Recommended Action:

It is recommended that the City Council authorize the City Manager to execute the Agreements with Michael Baker International, Inc. (Attachment A) and Charles Abbott Associates, Inc. (Attachment B) for as-needed plan review services per the outlined terms of the Agreement.

Discussion:

Staff issued an RFP in September 2021 for as-needed plan review services and received five proposals.

After a thorough evaluation of the five proposals submitted, staff selected Michael Baker International, Inc. and Charles Abbott Associates, Inc. as the firms best suited to meet the City's current and future needs. Proposals were evaluated based on established criteria as found in the RFP, including a demonstration of understanding the services requested, qualifications of the firms and specific individuals, demonstrated record of success by the consultant on work previously performed for the City or other municipalities, schedule of hourly rates, and references. Rates for the firms are consistent with industry standards. As-needed services will support Development Services staff with plan review of various private development projects.

Michael Baker International, Inc. has past experience providing as-needed plan review services for the City of Poway and demonstrated similar experience for several other local agencies. Their proposal clearly demonstrated the understanding and ability to provide all aspects of the requested services 1 of 37
January 18, 2022, Item #4
and
their
fee
structure
was
in-line
with
industry
standards.

While
Charles
Abbott
Associates,
Inc.
has
not
provided
as-needed
plan
review
services
for
the
City
before,
they
were
able
to
demonstrate
similar
experience
for
other
local
agencies
and
provide
a
list
of
highly
qualified
staff.

Their
proposal
included
a
clear
understanding
of
the
scope
of
services
requested
and
a
fee
structure
that
was
in-line
with
industry
standards.

Consulting
services
for
these
agreements
may
include
but
are
not
limited
to
plan
review
of
Grading
Plans,
Improvement
Plans,
Tentative
and
Final
Maps,
Title
Reports,
Geotechnical
Reports,
Legal
Descriptions
and
Plats
for
Easement
Documents,
traverse
calculations,
Storm
Water
Quality
Management
Plans,
and
Hydrology
and
Hydraulic
Studies.

Environmental
Review:

This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA)
Guidelines.

Fiscal
Impact:

All
costs
incurred
for
plan
review
services
associated
with
private
projects
under
this
agreement
are
either
fully
offset
by
developer
fees
or
sufficiently
funded
in
the
FY
2021-2022
budget,
Land
Development
Division
(account
305030-41220).

Funding
for
subsequent
years
will
be
included
in
the
annual
budget
process
for
Council's
consideration.

Public
Notification:

Michael
Baker
International,
Inc.,
Attn:

Tim
Thiele,
5050
Avenida
Encinas,
Suite
260,
Carlsbad,
CA
92008
Charles
Abbott
Associates,
Inc.,
Attn:

Rusty
Reed,
27201
Puerta
Real,
Suite
200,
Mission
Viejo,
CA
92691
Attachments: A.

Standard
Agreement
for
Consultant
Services
with
Michael
Baker
International,
Inc.,
including
the
Scope
of
Work
and
Fee
Schedule
B.

Standard
Agreement
for
Consultant
Services
with
Charles
Abbott
Associates,
Inc.,
including
the
Scope
of
Work
and
Fee
Schedule
Reviewed/
Approved
By:

Wendy
Kaserman
Assistant
City
Ma
nag
er
2 of37
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

City
Manager
January 18, 2022, Item #4
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 3rd day of January, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation, (hereinafter referred to as "Consultant").

RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform as needed plan review services (Project); and
WHEREAS, Consultant is a civil engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services.

Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

2. Compensation and Reimbursement.

City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

3. Term of Agreement.

The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

4. Termination.

This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement.

This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of 37 ATTACH~ENT A
January 18, 2022, Item #4

5. 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.

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.

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.
4of37
2 January 18, 2022, Item #4
"Consultant"
means
an
individual
who,
pursuant
to
a
contract
with
a
state
or
local
agency:
(A)
Makes
a
governmental
decision
whether
to:

1. Approve
a
rate,
rule
or
regulation;

2. Adopt
or
enforce
a
law;

3. Issue,
deny,
suspend,
or
revoke
any
permit,
license,
application,
certificate, approval,
order,
or
similar
authorization
or
entitlement;

4. Authorize
the
City
to
enter
into,
modify,
or
renew
a contract
provided
it
is
the
type
of
contract
that
requires
City
approval;

5. Grant
City
approval
to
a
contract
that
requires
City
approval
and
to
which
the
City
is
a
party,
or
to
the
specifications
for
such
a
contract;

6. Grant
City
approval
to
a
plan,
design,
report,
study,
or
similar
item;

7. Adopt,
or
grant
City
approval
of,
policies,
standards,
or
guidelines
for
the
City,
or
for
any
subdivision
thereof;
or
(8)
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:

C8l

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
(3)
5 of37
3 January 18, 2022, Item #4
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.

For
Claims
alleged
to
arise
from
Consultant's
professional
services,
Consultant's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Consultant's
negligence.
6 of37
4 January 18, 2022, Item #4
(c)
The
foregoing
obligations
of
Consultant
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Consultant,
anyone
directly
or
indirectly employed
by
it
or
anyone
for
whose
acts
it
may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Consultant
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts.
(e)
Consultant
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Consultant
is
carrying
and
maintaining
; however,
if Consultant
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy
, Consultant
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Consultant
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section

15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.

16. Assumption
of
Risk.

Except for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Consultant:
(a)
Consultant
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Consultant
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Consultant's
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services;
and
(b)
it is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Consultant
or
its
employees
in
connection
with
Consultant's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services.

17. Consultant
Not
an
Agent.

Except
as
City
may
specify
in
writing,
Consultant
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.

Consultant
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.

18. Personnel. Consultant
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.

The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects
. City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Consultant
by
giving
oral
or
written
notice
to
Consultant
to
such
effect.
7 of37
5 January 18, 2022, Item #4
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

This Agreement shall be governed by, and construed in accordance with, the 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.

A
copy
of
Government
Code
section
7522.56
is
attached
hereto
as
Exhibit
"B."
Further,
Contractor
hereby
fully
and
unconditionally
indemnifies
City
from
all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
imposed
by
CalPERS
in
the
event
CalPERS
determines
the
person
assigned
by
Contractor
to
provide
services
to
City
has
been
misclassified.

25. Severability.

If
any
provision
of
this
Agreement
is
determined
by
any
court
of
competent
jurisdiction
or
arbitrator
to
be
invalid,
illegal,
or
unenforceable
to
any
extent,
that
provision
shall,
if
possible,
be
construed
as
though
more
narrowly
drawn,
if a
narrower
construction
would
avoid
such
invalidity,
illegality,
or
unenforceability
or,
if
that
is
not
possible,
such
provision
shall,
to
the
extent
of
such
invalidity,
illegality,
or
unenforceability,
be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect. (Remainder
of
page
intentionally
left
blank)
9 of
37 7
January 18, 2022, Item #4
IN

WITNESS

WHEREOF,
the
parties
hereto
have
duly
executed
this
Agreement
on
the
date
first
above
written.

CITY
OF
POWAY

MICHAEL
BAKER

INTERNATIONAL,
INC.,
By:-----------
By:
___________
_
Chris
Hazeltine,
City
Manager
Tim
Thiele,
PE,
QSD
Date:
__________
_
Date:
___________
_
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk

APPROVED
AS
TO
FORM:

By:
(Jk-
Alan
Fenstermacher,
City
Attorney
10 of
37 8
January 18, 2022, Item #4
A.
"SPECIAL
PROVISIONS"

EXHIBIT
"A"
Scope
of
Services.

Consultant
agrees
to
perform
consulting
services
as
required
by
City,
which
shall
consist
of
the
as-needed
plan
review
services
further
described
in
the
Scope
of
Work
submitted
with
the
proposals
dated
September
29,
2021,
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.

8. Compensation
and
Reimbursement.

City
shall
pay
Consultant
on
a
time
and
material
basis
in
accordance
with
the
Hourly
Rate
Sheet
submitted
with
the
proposal
dated
September
29,
2021,
which
is
included
in
this
document
as
Attachment

2. 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.

Term
of
Agreement.

This
Agreement
shall
be
effective
from
the
period
commencing
February
1,
2022,
and
ending
January
31,
2024,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination."
This
Agreement
may
be
extended
for
up
to
three
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.

Consultant's
Insurance.

1. Coverages: Consultant
shall
obtain
and
maintain
during
the
life
of
this
Agreement
all
of
the
following
insurance
coverages: (a)
Comprehensive
General
Liability.
including
premises-operations,
products/completed,
broad
form
property
damage
,
and
blanket
contractual
liability
with
the
following
coverages:

General
Liability
$1,000,000
Bodily
Injury
and
Property
Damage
combined
each
occurrence
and
$2,000,000
aggregate.
11 of
37 1
January 18, 2022, Item #4
(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.

Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses:

To
City:

To
Consultant:
12 of
37 City
of
Poway
-
Development
Services
13325
Civic
Center
Drive
Poway,
CA
92064
Michael
Baker
International,
Inc.
5050
Avenida
Encinas,
Suite
260
Carlsbad,
CA
92008-4389
2 January 18, 2022, Item #4
Attachment 1

SCOPE OF WORK

TYPICAL PLAN CHECKING PROJECT APPROACH
Michael Baker's approach to accomplishing the work is based on years of experience working for the City as well as various other local municipalities, including Carlsbad, Del Mar, and Vista. We have identified a number of specific steps we will undertake in order to achieve quality assurance, schedule control, and a balanced effort in the event of several planchecks occurring simultaneously. Constant communication with the City's Project Manager from beginning to end to make sure that the City stays current on plan review issues will be a key factor in delivering plan review services. We know the importance of responding quickly and accurately so that decisions can be made.

Michael Baker's Project Manager will oversee the review process, ensuring that a thorough and timely review is performed.

During the review, it is important to recognize there are many different ways to design a project. We will not seek to redesign the project through our reviews, but review the work for conformance with accepted standards and City established goals.

Plan Check Schedule: From notice to pickup (in-person or virtual), reviews are completed and returned to the City within a period of 15 working days for first plan review, 10 working days for the second review, and 5 working days for any subsequent reviews.

Plan Tracking: Michael Baker will maintain a log of all plans that are reviewed. This log will identify the date the plans were received, review due date, plan type, number in review cycle, the plan reviewer assigned, date assigned, status of the review, and the date the plans are returned to the City. Michael Baker will provide the City with a copy of the Plan Review Log on request.

Duality Control: The Project Manager will evaluate review comments to verify the completeness of the review and resolve conflicting comments prior to delivering the review comments to the City. It will be the responsibility of Michael Baker's Project Manager to follow through with the individual reviewers to provide consistency and continuity in review comments and services across the various disciplines.

PROJECT UNDERSTANDING
Our understanding and approach to performing efficient plan review services includes:

1. Understand the City's Goals -In order to be successful on any project, it is vital that we understand the final product. We can meet with City staff to receive submittal package(s) in person and discuss the important issues on each review.

2. Initial Completeness Check -Michael Baker shall perform an initial completeness check of submitted items to ensure that all appropriate plans, calculations, studies, and supplemental items required by the City have been forwarded for review. We realize the potential for required items such as map signature authorizations; environmental clearance documents; Covenants, Conditions and Restrictions (CC&Rs); current title and soils reports; and other applicable documents to be missing from initial submittal packages. We shall immediately notify the City's Project Engineer of any missing items and coordinate the extent to which plan review should or should not continue. If the City wishes to suspend plan review, we will prepare a written re-submittal checklist of the required missing items and resume review when the missing items have been provided.

3. Prepare a Detailed Workplan -We will define all tasks, their relationship with each other, and their associated time to complete. We will develop a list of needs so that we can identify specialized expertise that may be required to maintain schedule and complete tasks. Budgets will be established for each task to ensure that the project team stays on track and on schedule.

4. Analyze Existing Conditions -For a design review to be effective and appropriate, it is important to create a clear picture of the existing conditions. This is especially true with redevelopment projects, since there are many existing facilities that require matching with new improvements. In order to fully understand the current conditions, the following steps will be taken to describe the existing improvements:
• Review as-built records for street improvements, utility improvements, and drainage facilities. We will check title reports, plats, and existing parcel data as required to ascertain current easement locations, abutter's rights, allowable egress, and other survey mapping issues.

Understand the
City's Goals
Initial
Completeness
Check
INTERNATIONAL CITY OF POWAY • AS-f✓EEOEO PU\I✓ REVIEW SERVICES RFP;! 22-008 • PAGE 20 January 18, 2022, Item #4
CITY OF POWAY ■ AS-NEEDED PLAN REVIEW SERVICES
• If necessary, Michael Baker staff will walk the entire project area to observe the conditions, take photographs, and note any changes or unusual conditions proposed on the submitted plans. Some of the things that we will look for in this endeavor include edge conditions, potential adverse impacts to adjacent property, potential utility conflicts, sight distance along existing roads, and the pre-development drainage patterns.

5. Understand the Entitlement History-Large-scale subdivision projects have particularly long and sometimes complicated entitlement phases that often involve re-zones, general plan amendments, and/or planned development permits. Careful review of the tentative map and conditions is critical to understanding the project specific issues and required submittal items.
• Review of the tentative map will be performed to understand key zoning issues and other items related to "substantial conformance" with final engineering documents. These would include the required street section(s), minimum lot size, dimensions, setbacks, lot count, and open space requirements. Ownership and maintenance responsibility for streets and utilities is also typically established by virtue of the approved tentative map and must be understood to perform an accurate and thorough review of final plans. • The Conditions of Approval will be thoroughly understood, so that the necessary offsite improvements, where applicable, are enforced.
• The Conditions of Approval also typically refer to other required submittal items above and beyond the typical engineering grading and improvement plans, final map, and engineering studies. These items may include recordation of environmental covenants or easements prior to grading permits, permission to grade letters, fees in lieu, offsite wetland or other habitat acquisition, and street ROW acquisition or dedication. Many of these items are tied to specific approvals and the applicability must be understood during all stages of plan review. • Review of the Conditions is also necessary to understand where and when typical design standards have been waived, exceeded, or supplemented with additional requirements by resolution during the planning process.

6. Thorough Review of Submittal Plans, Studies and Documents -A thorough review of all plans, studies, and supporting documents is necessary to avoid compromising schedule goals. This requires our approach to identify all relevant issues during first plan review. We have found through experience that investing additional time up front to perform a complete review makes the overall process to the finish line quicker and smoother for all parties. • Michael Baker will review plans, studies, and other supporting documents for conformance with general City requirements.
• All submitted plans and reports will refer to completeness check in Step 2 for consistency of information as well as potential non-conformance with the approved Tentative Map. • Michael Baker will review plans, reports, and calculations with other applicable state and federal requirements such as the Uniform Building Code, Americans with Disabilities Act, National Floodplain Insurance Program ( FEMA), and the California Subdivision Map Act. We anticipate also that potential changes to the State General Construction Permit and Municipal Storm Sewer System (MS4) Discharge Permit will require the City of Poway to amend their BMP Design Manual and erosion control design requirements. We will attend meetings and coordinate with the City to thoroughly understand how changes in these regional and state regulations get interpreted and implemented at the local level.
• Where applicable, we will confirm the status of required approvals and agreements with other reviewing agencies such as California Department of Fish and Game, U.S. Army Corps of Engineers, neighboring cities, and/or private landowners.
• Where applicable, final maps will be reviewed to ascertain that signature omission letters and subordination agreements have been executed with appropriate utility companies (i.e. SDG&E).

7. Proactive Coordination with Project Manager and Engineer of Record -During the review process, the Project Manager will be available to coordinate questions and concerns directly with the Engineer of Record and be responsible for communicating any resolutions with the City's Project Manager. Where possible, issues will be mutually resolved prior to completion of first plan check. Plan check redlines, check lists, and other written comments will be reviewed in person with both the City Project Manager and the Engineer of Record. Expectations for re-submittal shall be clearly communicated both verbally and in writing.

INTERNATIONAL CITY OF r'OW/J..Y • AS-1,JEEDED PLAi\l REVIEW SERVlCES RFP:/i 22-006 • PAGE 21 January 18, 2022, Item #4
CITY
OF
POWAY
•
AS
-NEEDED
PLAN
REVIEW

SERVICES

8. Return
of
Plan
Check
-Michael
Baker's
Project
Manager
will
review
submittal
packages
for
conformance
with
"accepted
engineering
practices,"
with
special
consideration
given
to
those
issues
that
potentially
impact
health,
safety
or
private
property.

These
issues
might
include
existing
non-conformalities
with
sight
distance,
traffic
safety,
and
flood
prone
areas.

All
our
plan
checks
include
a completeness
review
memo
to
summarize
all
outstanding
plan
check
issues
for
each
plan
reviewed
and
a list
of
pending
conditions
which
have
not
yet
been
satisfied.

SCOPE
OF
WORK
Michael
Baker
will
perform
high
level
professional
plan
review
services.

Our
team
excels
at
customer
service
and
possesses
a high
degree
of
technical
plan
review
competency
in
land
development,
including
both
grading
and
improvement
plans,
as
well
as
Tentative
and
Final
Maps,
and
project
related
studies
and
reports
as
required
by
the
City
of
Poway's
Municipal
Code
and
Ordinances.

Michael
Baker
is
responsive
and
proactive
in
management
of
client
accounts.

1. Michael
Baker
will
perform
all
plan
reviews
in
accordance
with
all
applicable
State
and
City
regulations
and
ordinances,
including,
but
not
limited
to,
the
adopted
Poway
BM
P Design
Manual
and
the
Poway
Municipal
Code.

2. Michael
Baker
will
perform
plan
review
and
recheck
reviews
of
items
including,
but
not
limited:

Grading
Plans,
Improvement
Plans,
Tentative
and
Final
Maps,
Title
Reports,
Soils
Reports,
Legal
Descriptions
and
Plats
for
Easement
Documents,
traverse
calculations,
cost
estimates,
Hydrology
and
Hydraulic
Studies,
Geotechnical
Reports,
Storm
Water
Quality
Management
Plans
(SWQM
Ps),
and
Hydromodification
Management
Plans
(HM
Ps)
as
well
as
related
and
necessary
reference
review
of
project
plans
for
the
entire
plan
review
process.

3. Michael
Baker
will
complete
quality
reviews
within
the
City's
needed
timeframes
as
detailed
below
in
the
Timelines
section.

4. Michael
Baker
will
meet
with
staff
and
applicants
when
requested
by
staff.

5. Michael
Baker
will
develop
and
maintain
written
lists
of
corrections
needed
for
the
submitted
plans
to
conform
to
the
applicable
codes
and
regulations.

Each
review
will
be
returned
to
the
City
with
redlines
as
well
as
a summary
memo
of
critical
items
for
inclusion
with
the
City's
overall
plancheck
review
memo.

6. Michael
Baker
will
transmit
correction
lists
to,
and
consult
with,
the
City
and/or
the
applicant
or
design
professional,
as
necessary,
in
order
to
explain
the
corrections
to
be
REVIEWS Reviews
will
be
returned
to
the
City
with
redlines
as
well
as
a summary
memo
of
critical
items.
made
for
the
proposed
construction
to
conform
to
the
applicable
codes
and
regulations.

Michael
Baker
will
issue
the
necessary
approvals
when,
in
our
opinion,
the
plans
appear
to
be
complete
and
compliant
with
the
City's
Municipal
Code
and
Ordinances
after
having
been
initially
reviewed
or
re-reviewed.

7. Michael
Baker
will
perform
other
plan
review
tasks
as
assigned
.

MANAGEMENT

APPROACH
In
addition
to
the
actions
outlined
in
Understanding
and
Approach
above,
the
following
will
be
incorporated
into
our
management
approach:
•
Michael
Baker
will
work
as
a City
consultant,
and
as
such,
will
be
perceived
by
the
public
as
a City
agent;
therefore,
Michael
Baker's
staff
will
reflect
the
professionalism
and
courtesy
of
a public
employee
when
dealing
with
the
public.

Our
years
of
experience
planchecking
and
coordinating
directly
with
applicants
will
ensure
that
the
City
is
well
represented
in
any
contact
we
have
with
applicants.

We
are
respectful
in
our
communication
and
will
follow
up
on
any
personal
or
phone
communication
with
written
documentation
to
City
staff
and
the
applicant.
•
Michael
Baker
will
provide
copies
of
all
correspondence
records
and
reports
to
the
Development
Services
Department
upon
request.
•
Michael
Baker
will
invoice
the
Development
Services
Department
for
services
rendered
in
a manner
consistent
with
City
standards,
as
approved
by
the
Finance
Division
of
the
Administrative
Services
Department.

Over
the
past
two
years,
our
team
has
developed
an
understanding
of
the
City's
finance
operations
and
is
comfortable
working
with
City
staff
to
continue
to
provide
detailed
and
accurate
invoices.

We
understand
that
payment
for
our
services
ultimately
comes
from
the
applicants
based
on
the
labor
hours
and
justification
on
our
invoices.
•
The
City
will
collect
all
fees
in
connection
with
Michael
Baker
performing
the
work
set
forth
in
this
proposal,
and
under
no
condition
will
such
fees
be
collected
by
Michael
Baker.
• 1t ~Mf4
~ffi@i

INTERNATIONAL
CITY
OF
PO\NA\'
•
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REV
IEW

SERVICES
RFP;t
22 -008
•
PAGE
22 January 18, 2022, Item #4
CITY
OF
POW
AY
•

AS-NEEDED
PLAN
REVIEW

SERVICES
------
-------
--
•
Consistent
with
the
authority
contained
in
the
law,
Michael
Baker
will
have
the
decision
authority
consistent
with
and
necessary
for
the
timely
and
proper
enforcement
of
the
laws
and
ordinances
assigned
to
Michael
Baker
for
enforcement,
and
such
decisions
will
be
consistent
with
the
wording
of
the
regulations.
•
Michael
Baker
will
provide
its
own
office
space
and
clerical
support
at
its
sole
cost
and
expense.

Specific
accommodations
to
Michael
Baker
by
the
City
may
be
permitted
on
a case-by-case
basis,
if such
accommodations
are
of
no
cost
to
the
City.

Over
the
past
two
years,
Michael
Baker
staff
has
been
available
to
work
out
of
City
Hall
as
needed.

TIMELINES Included
below
is
a list
of
typical
turnaround
times.

Michael
Baker
is
aware
of
the
City's
occasional
need
to
prioritize
reviews
in
a manner
other
than
in
the
order
in
which
they
were
provided.

Our
team
understands
the
importance
of
expediting reviews
as
necessary
and
has
shown
our
ability
to
do
so
on
our
review
of
Poway
Corporate
Center
Lot
12 as
well
as
the
Final
Map
for
the
Bourgeois
property.

We
possess
the
flexibility
to
work
with
the
City's
schedule
by
switching
gears
to
focus
on
the
most
critical
projects
as
directed
by
City
staff.

Review
Turnaround
Times
1st
Review
15 Business
Days
2nd
Review
10 Business
Days
3rd
Review
5 Business
Days
Subsequent
Reviews
(as
necessary)
5 Business
Days

INTERNATIONAL
CITY
OF
POWAY
•
AS
-f\JEEDEO
/ILAI
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REV
IEW

SERVICES
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22 -008
•
PAGE
23 January 18, 2022, Item #4
Attacnment
~
FEE

PROPOSAL
Michael
Baker's
hourly
rate
sheet
is
included
below
and
details
any
staff
positions
that
may
complete
work
as
part
of
this
contract.

All
staff
will
perform
work
on
this
project
at
a rate
of
$132
per
hour.

Michael
Baker

INTERNATIONAL
HOURLY
RATE
SHEET
OFFICE

PERSONNEL
$/
Hour

INTERNATIONAL
CiT
Y
OF
POWA.Y
•
A.S
·!-.JEEDEO
PLAI\J

REVIEVV
SER\/iCES
Rt-PH
22-008
■
PAGE
24 January 18, 2022, Item #4
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension 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.
(e)
18 of 37
(!)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 January 18, 2022, Item #4
Cal
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:
19 of
37 (1
)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a public
meeting.

The
appointment
may
not
be
placed
on
a consent
calendar.
(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.

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.
( 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.
2 January 18, 2022, Item #4
Cal 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 (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 Il who is assigned to serve in a court pursuant to Section 68543. 5.

History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.

Annotations
Notes
Amendments:

Note-
Amendments:
2013 Amendment:

Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
20 of 37
3 January 18, 2022, Item #4
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of February, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and CHARLES ABBOTT ASSOCIATES, INC., a California corporation, (hereinafter referred to as "Consultant").

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.

5. 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. 22 of 37
2 January 18, 2022, Item #4
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;

4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;

5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;

6. Grant City approval to a plan, design, report, study, or similar item;

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.

DISCLOSURE DETERMINATION:
~ 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.

Robert J. Manis, Director of Development Services

10. No Assignments.

Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.

11. Maintenance of Records.

Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 23 of 37
3 January 18, 2022, Item #4
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.

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.

14. Consultant's
Insurance.

Consultant
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

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.
24 of
37 4
January 18, 2022, Item #4
(c)
The
foregoing
obligations
of
Consultant
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Consultant,
anyone
directly
or indirectly
employed
by
it or
anyone
for
whose
acts
it may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Consultant
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts.
(e)
Consultant
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Consultant
is
carrying
and
maintaining;
however,
if Consultant
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Consultant
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Consultant
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section

15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.

16. Assumption
of
Risk.

Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Consultant:
(a)
Consultant
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Consultant
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Consultant's
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services;
and
(b)
it is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Consultant
or
its
employees
in
connection
with
Consultant's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services.

17. Consultant
Not
an
Agent.

Except
as
City
may
specify
in
writing,
Consultant
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.

Consultant
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.

18. Personnel. Consultant
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.

The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects.

City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Consultant
by
giving
oral
or
written
notice
to
Consultant
to
such
effect.
25 of
37 5
January 18, 2022, Item #4
Consultant's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.

19. Notices. Notices
shall
be
given
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof
.

20. Governing
Law,
Forum
Selection
and
Attorneys'
Fees.

This
Agreement
shall
be
governed
by,
and
construed
in
accordance
with,
the
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
CalPERS
while
providing
services to
City.
26 of
37 6
January 18, 2022, Item #4
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
27 of 37
7 January 18, 2022, Item #4
IN

WITNESS

WHEREOF,
the
parties
hereto
have
duly
executed
this
Agreement
on
the
date
first
above
written.

CITY
OF
POWAY

CHARLES

ABBOTT ASSOCIATES,
INC.,
By:
__________
_
By:
___________
_
Chris
Hazeltine,
City
Manager
Rusty
R.

Reed,
PE,
President
Date:
-----------
Date:
___________
_
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk

APPROVED
AS
TO
FORM:

By:

Ok-
~
Alan
Fenstermacher,
City
Attorney
28 of
37 8
January 18, 2022, Item #4
A.
"SPECIAL
PROVISIONS"

EXHIBIT
"A"
Scope
of
Services.

Consultant
agrees
to
perform
consulting
services
as
required
by
City,
which
shall
consist
of
the
as-needed
plan
review
services
further
described
in
the
Scope
of
Work
submitted
with
the
proposals
dated
September
28,
2021,
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.

Compensation
and
Reimbursement.

City
shall pay
Consultant
on
a
time
and
material
basis
in
accordance
with
the
Hourly
Rate
Sheet
submitted
with
the
proposal
dated
September
28,
2021,
which
is
included
in
this
document
as
Attachment

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.

Term
of
Agreement.

Consultant's
Insurance.

1. Coverages: Consultant
shall
obtain
and
maintain
during
the
life
of
this
Agreement
all
of
the
following
insurance
coverages: (a)
Comprehensive
General
Liability,
including
premises-operations,
products/completed,
broad
form
property
damage,
and
blanket contractual
liability
with
the
following
coverages:

General
Liability
$1,000,000
Bodily
Injury
and
Property
Damage
combined
each
occurrence
and
$2,000,000
aggregate.
29 of
37 1
January 18, 2022, Item #4
(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.

It
is
not
secondary
or
in
any
way
subordinate
to
any
other
insurance
or
coverage
maintained
by
City."

3. Insurance
Certificates:

Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses:

To
City:

To
Consultant:
30 of
37 City
of
Poway
-
Development
Services
13325
Civic
Center
Drive
Poway,
CA
92064
Charles
Abbott
Associates,
Inc.
27201
Puerta
Real
#220
Mission
Viejo,
CA
92691
2 January 18, 2022, Item #4
Attachment
1 CAA
proposes
to
perform
all
tasks
associated
with
engineering
plan
review.

CAA
will
provide
electronic
review
of
project
documents
where
possible
and
meet
with
City
staff
or
conduct
field
project
reviews
as
needed.

Our
staff
is
technically
qualified,
trained,
properly
licensed
and
certified
to
provide
all
engineering
plan
check
services
to
meet
your
workload
needs. Key
resources
that
will
be
utilized
during
plan
check
include
the
City's
Engineering
Design
Guidelines
Manual,
City
BMP
Manual,
the
City
Municipal
Code,
and
all
other
applicable
State
and
City
regulations
and
ordinances.

Services
provided
include:
✓
CAA
will
provide
plan
review
services
for
Development
Projects,
including
grading,
erosion
control,
streets,
storm
drain,
utilitiesrs,
reviewing
and
conditioning
of
land
divisions
and
development
-
residential,
commercial,
and
industrial
plan
checking;
drainage
and
hydraulics/hydrology
reviews
according
to
City
and
State
methodologies,
lot
line
adjustments,
tract
and
parcel
map
reviews,
water
quality
management
plans,
and
assuring
condition
compliance.
✓
CAA
will
review
plan
check
submittal
items
and
reports,
including
road
structural
section
calculations;
hydrology
and
hydraulic
calculations;
street
layout
and
design;
structure
calculations
not
under
building
permit
purview;
traffic
reports:
and
quantity
estimates
as
well
as
soil
reports,
grading,
subdivision
maps,
erosion
control,
streets,
sewer,
storm
drain,
traffic
signal,
street
lightning,
retaining
walls,
and
NPDES
requirements.
✓
Our
approach
to
plan
review
ensures
that
plans
submitted
to
CAA
for
review
are
properly
tracked
and
processed.

Our
system
ensures
that
each
plan
or
permit
is
assigned,
returned,
and
handled
on
time
and
within
budget.

The
status
of
any
plan
can
easily
be
determined
at
any
point
in
time.
✓
CAA
will
ensure the
completeness
of
submittals
and
document
any
deficiencies
as
needed.

Our
team
will
conduct site
visits
as
necessary
and
interact
with
City
personnel
and
private
contractors
to
resolve
any
issues
and
answer
any
questions.

CAA
will
review
plans
for
sound
engineering
practices
and
provide
detailed
plan
check
of
the
assigned
project
plans
in
accordance
with
applicable
laws,
standards,
adopted
codes
and
amendments.

CAA
will
ensure
accuracy
of
design
in
conformance
with
the
City's
most
current
Plan
Check
Lists,
and
will
provide
and
retain
digital
lists
of
corrections
and
redlines.
✓
CAA
will
check
general
mathematics
and
design
criteria,
and
call
for
redesign
of
any
portion
of
plans
that
show
poor
engineering,
do
not
comply
with
the
Approved
Tentative
Map
or
Conditions
of
Approval,
might
be
potentially
unsafe,
or
are
impractical
to
build.
✓
CAA
will
ensure
accuracy
of
design
in
conformance
with
the
City's
most
current
Plan
Check
Lists.

Our
plan
check
team
is
thoroughly
versed
in
the
latest
adopted
California
Building
Code,
Greenbook,
Caltrans
Specifications,
Highway
Design
Manual,
Hydrology
and
Local
Drainage
Manuals,
and
various
other
design
guidelines,
and
will
familiarize
themselves
with
any
and
all
City
Standards
and
amendments
so
that
we
may
provide
outstanding
service
in
line
with
the
expectations
of
the
City.

Our
team
can
also
draw
on
experience
with
other
client
cities
to
suggest
different
strategies
or
work
on
resources
to
enhance
the
City's
plan
check
process.
professional
government
services
17 January 18, 2022, Item #4
✓ CAA will provide all the required correspondence on initial and subsequent reviews. Each plan review will be accompanied with a letter summarizing any red-line comments. This letter can be addressed through the City Engineer, assigned staff, or directly to the Designer, based upon the City's preference. A complete redlined set of drawings and any reports will be returned to the designer for their correction.

Final approved documents and mylars with plan checker initials will be sent to the City at the end of the process.
✓ CAA understands the importance of timely reviews and the cost to the development community caused by delays attributed to plan-check reviews, and pride ourselves on our ability to adhere to expected performance schedules at all times. CAA will review and return plans in less than 10 business days for initial submittals for both small and larger projects. Resubmittals will be reviewed within 5 business days or less. CAA does not anticipate third submittals; however, should they occur, these will be reviewed within 3 days or less. Although it is anticipated that submittals will be digital, CAA will pick-up and deliver plans and correspondence to and from the City at no additional charge to the City. Expedited plan review is available at an additional charge.

PLAN REVIEW TIMEFRAMES
New Project
Resubmittals
Revisions to Approved Plans
10 days
5 days
1-5 days
✓ CAA understands that all fees for plans reviewed by CAA will be collected by the City. CAA's administrative staff will prepare a monthly invoice for hours worked per the agreement with the City. All invoices will be reviewed by the project manager prior to submittal to the City for payment. ✓ CAA complies with the insurance requirements outlined by the City, and will obtain a City of Poway Business Certificate upon contract award.
professional government services 18
January 18, 2022, Item #4
Attachment
2 Fees
below
are
inclusive
of
all
costs,
including
general
and
administrative,
travel,
per
diem,
training,
materials,
supplies
, and
other
items
necessary
to
complete
the
project.

CAA
offers
to
provide
As-Needed
Plan
Review
Services
for
the
following
hourly
rates:

ASSIGNED
STAFF
STAFF

FUNCTION
HOURLY
RATE
Mike
Podegracz
Project
Manager
$132
Danny
Chow
Senior
Engineer
$132
Mike
Smith
Senior
Environmental
Plan
Reviewer
$132
Richard
Pederson
Senior
Plan
Check
Engineer
$125
Paula
Pereira
Senior
Plan
Check
Surveyor
$125
Janet
Shliz
Plan
Check
Engineer
$105
Cindy
Kwong-Lu
Plan
Check
Engineer
$105
Our
Standard
Hourly
Rate
Sheet
is
provided
for
reference.

ENGINEERING/PUBLIC
WORKS
HOURLY

BUILDING
&
SAFETY
HOURLY

CLASSIFICATION
RATES

CLASSIFICATION
RATES
Principal
Engineer
175.00
Principal
Building
Official
145.00
City
Engineer
135.00
Building
Official
125.00
Project
Manager
145.00
Senior
Building
Inspector*
105.00
Senior Engineer
140.00
Building
Inspector/Plan
Checker

97.00 Project
Engineer
132.00
Building
Inspector*

90.00 Associate
Engineer
110.00
Permit
Specialist

66.00 Code
Enforcement
Officer

75.00 Senior
Design
Engineer
115.00
AssistanUDesign
Engineer

98.00 Senior
Plan
Check
Engineer
125.00
Building
Plan
Checker
105.00
Senior
Plan
Check
Engineer
125.00
Plan
Check
Engineer
105.00

COMMUNITY

DEVELOPMENT
HOURLY

CLASSIFICATION
RATES
Senior
Traffic
Engineer/Manager
150.00
Transportation
Planner
110.00
Community
Develop
Director
145.00
Traffic
Engineer
Associate

95.00 Principal
Planner
140.00
Senior
Planner
120.00
3-Person
Survey
Crew
270.00
Associate
Planner

97.00 2-Person
Survey
Crew
210.00
Assistance
Planner

80.00 Planning
Technician

70.00 Senior
Draftsperson
(CADD)

95.00 Code
Enforcement
Officer

75.00 Draftsperson
(CADD)

85.00 professional
government
services
19 January 18, 2022, Item #4
OTHER
HOURLY
Senior
Public
Works
Inspector*
105.00

CLASSIFICATIONS
RATES
Public
Works
Inspector*

95.00 Landscape
Architect
Director
125.00
STORM
WATER
HOURLY
Associate
Landscape
Architect

95.00 CLASSIFICATION
RATES
Expert
Witness
Services
300.00
Senior
Contract
Administrator
110.00
Environmental
Project
Manager
145.00
Administrative
Assistant

60.00 Senior
Environmental
Plan
Checker
145.00
Clerical

50.00 Environmental
Program
Manager
115.00
Associate
Environmental
Plan
110.00
Checker Environmental
Analyst

92.00 Environmental
Associate

87.00 Environmental
Inspector

80.00 The
above
hourly
ra
tes
include
general
and
administrative
overhead
and
fees
and
employee
payroll
bu
rden.

Rates
are
subject
to
an
annual
adjustment
based
upon
increases
adopted
by
Charles
Abbott
Associates,
Inc.
as
reflected
in
the
Consumer
Price
Index
(CPI).
*The
Hourly
Rates
ident
ified
are
for
Non-Prevailing
Wage
project
inspection
. Hourly Rates
for
Prevailing
Wage
project
inspection
will
be
$120
.00
for
regular
time;
$143.00
for
overtime
on
Mondays through
Saturdays;
and
$167
.00
for
overtime
on
Sundays
and
Holidays.

Prevailing
Wage
rates
are
subject
to
increases
pu
rsuant
to
the
State
of
California's
Department
of
Industrial
Wage
Rate
Determinations.
professional
government
services
20 January 18, 2022, Item #4

EXHIBIT
"B"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.

Deering's
California
Codes
Annotated>

GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
>
Article
4 California
Public
Employees'
Pension
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.
(e)
35 of
37 (!)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 January 18, 2022, Item #4
Cal
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:
36 of
37 (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
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.

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.
( 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.
2 January 18, 2022, Item #4
Cal 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 (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.

Annotations
Notes
Amendments:

Note-
Amendments:
2013 Amendment:

TO:

FROM:

CONTACT:

January 18, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services/A"
Jeff Beers, Special Projects Engineer~
(858) 668-4624 or [email protected]

CITY COUNCIL
SUBJECT: Acceptance of the FY 2021-22 Citywide Striping Project; Bid No. 21-013, with Safe USA, Inc., as Complete
Summary:

On June 15, 2021, the City Council awarded the contract for the FY 2021-22 Citywide Striping project; Bid No. 21-013, to Safe USA, Inc., in the amount of $253,000.00. This action will accept the project as complete.

Recommended Action:

It is recommended that the City Council:
(1) Accept the FY 2021-22 Citywide Striping 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 $12,650.00, if unencumbered, 45 days after City Council acceptance;
(4) Release the American Contractors Indemnity Company Bond for Material and Labor in the amount of $253,000.00 after the release of retention; and (5) Retain the American Contractors Indemnity Company Bond for Faithful Performance for a period of one year.

Discussion:

The scope of this year's project included replacement of traffic striping, legends, and markings, refreshing of painted curbs within street maintenance Zone 4, and refreshing of existing striping and painted curbs in Zones 2, 6 and 8. This work was coordinated with the FY 2021-22 Street Maintenance project and the FY 2020-21 Street Overlay project. There were no change orders for this project. The final contract amount remains $253,000.00.

This action accepts the 2021-22 Citywide Striping project as complete, however the contract will remain in force and open until June 30, 2022 to complete additional as-needed work. 1 of 2
January 18, 2022, Item #5
Environmental
Review:

The
matter
of
acceptance
of
public
improvements
that
have
been
completed,
which
were
the
subject
of
a
prior
environmental
determination,
is
not
subject
to
the
California
Environmental
Quality
Act.

Fiscal
Impact:

Sufficient
funds
are
available
in
the
FY
2021-22
Citywide
Striping
project
account
(ST017)
for
the
release
of
retention.

Public
Notification:

None. Attachments: None. Reviewed/
Approved
By:

Wendy
Kaserman
Assistant
City
Manager
2 of2
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
fy:

City
Manager
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

CONTACT:

January 18, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services~
Henry Trang, Senior Civil Engineer ltJ7
(858) 668-4602 or [email protected]

CITY COUNCIL
SUBJECT: Acceptance of the LED Street & Safety Lighting Conversion Project; RFP No. 19-025 with Tanko Lighting, Inc. as Complete
Summary:

On July 16, 2019, the City Council awarded the contract for the LED Street & Safety Lighting Conversion Project, RFP No. 19-025 to Tanko Lighting, Inc. in the amount of $1,003,398.00. This project was partially accepted as complete on January 19, 2021. This action will accept the full project as complete.

Recommended Action:

It is recommended that the City Council:
(1) Accept the LED Street & Safety Lighting Conversion 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 $10,313.08, if unencumbered, 45 days (4)
after City Council acceptance;
Release The Guarantee Company of North America USA Bond for Material and Labor in the amount of $1,003,398.00 after the release of retention; and (5) Retain The Guarantee Company of North America USA Bond for Faithful Performance for a period of one year.

Discussion:

The LED Street & Safety Lighting Conversion Project replaced approximately 3,300 street and safety lighting fixtures from Low Pressure Sodium (LPS) fixtures to Light Emitting Diodes (LED) fixtures. The original scope of work was completed without any change orders. The conversion of decorative street lighting in the Old Poway neighborhood and decorative walkway lighting in the Civic Center area was planned as a future project pending funding availability. The cost of the LED Street & Safety Lighting Conversion Project was less than originally anticipated and allowed for the possibility to add in the decorative lighting in both areas within the project budget. There were five change orders for this project totaling $206,261.55. The change orders were associated with the addition of the decorative lighting in the Old Poway neighborhood and Civic Center area to the project scope, as well as an additional task for the consultant to perform photometric calculations for the street extension of Kirkham Way. The final contract amount is $1,209,659.55. 1 of 2
January 18, 2022, Item #6
The
project
was
partially
accepted
as
complete
on
January
19,
2021
. This
was
done
at
the
request
of
Tanko
Lighting
in
order
to
release
the
retention
from
the
construction
portion
of
the
original
contract
while
they
continued
to
work
on
the
change
order
portion
of
the
contract.

A
retention
in
the
amount
of
$40,225
.93
was
released
after
the
partial
acceptance.

The
remaining
retention
amount
of
$10,313
.08
will
be
released
45 days
after
this
acceptance
of
the
project.

Environmental
Review:

The
matter
of
acceptance
of
public
improvements
that
have
been
completed,
which
were
the
subject
of
a
prior
environmental
determination,
is
not
subject
to
the
California
Environmental
Quality
Act.

Fiscal
Impact:

Sufficient
funds
are
available
for
the
release
of
retention.

Funds
remaining
in
the
project
will
be
returned
to
the
Street
Lighting
Assessment
District,
Fund
2790,
for
use
on
future
projects.

Public
Notification:

None. Attachments: None. Reviewed/
Approved
By:

Wendy
Kaserman
Assistant
City
Manager
2 of2
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

Ch
~
City
Manager
January 18, 2022, Item #6
January 18, 2022, Item #8
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
January 18, 2022
Honorable Mayor and Members of the City Coun~l,A
Robert Manis, Director of Development ServicesfN 1
Andrea Thomas, Associate Civil Engineer n,A
(858) 668-4605 or [email protected] WO \

CITY COUNCIL
Approval of Consultant Agreement with Balance Hydrologies, Inc. for Design Services for the Rattlesnake Creek 30% Design project; RFP No. 22-014 In November 2021, the Development Services Department issued a Request for Proposal (RFP No. 22-014) for environmental and engineering design services for the Rattlesnake Creek 30% Design.

This action will approve the Consultant Agreement with Balance Hydrologies, Inc. to provide environmental and engineering design services for the project.

Recommended Action:

It is recommended that the City Council authorize the City Manager to execute the Agreement with Balance Hydrologies, Inc. for environmental and engineering design services for the Rattlesnake Creek 30% Design per the outlined terms of the Consultant Agreement (Attachment A), with a not-to-exceed amount of $95,445.00.

Discussion:

Staff submitted a grant application to California Office of Emergency Services (CalOES) for consideration of hazard mitigation grant funding for the Rattlesnake Creek project. CalOES deemed this project eligible for review by the Federal Emergency Management Agency (FEMA) to receive potential grant funding. If grant funding is awarded, FEMA would reimburse 75% of costs associated with this project. The design of this project associated with this contract is an eligible expense and would count towards the City's 25% match.

The current condition of the Rattlesnake Creek drainage channel from Budwin Lane to Midland Road has been identified as a potential hazard. The creek has exhibited evidence of severe erosion to the structure of the creek and deterioration of the habitat it contains. The initial evidence was found in 2017, when the roots of a mature tree were undermined causing it to overturn and break an adjacent sewer line. Staff subsequently began the due diligence necessary to avoid future service interruption and protect the creek habitat as a functional drainage facility.

Due to several more trees along the banks having potential to do similar damage, City Staff 1 of 21
January 18, 2022, Item #8
recommended
the
creek
be
analyzed
for
possible
hazard
mitigation
action.

In
June
of
2020,
the
Rattlesnake
Creek
Geomorphic
Channel-Integrity
Study
was
completed
and
the
best
long-term
option
to
avoid
future
failures
was
to
restore
the
creek
to
a
state
that
would
be
more
resilient
to
heavy
rain
events. The
scope
of
work
for
this
consultant
is
to
develop
a
30%
design
inclusive
of
wet
season
flow
monitoring,
biological
surveys,
and
hydraulic
modeling.

This
preliminary
design
effort
will
help
staff
establish
a fully
realized
project
scope.

As
part
of
the
grant
application
process,
a
benefit
cost
analysis
was
performed
to
represent
the
hazard
mitigation
benefits
of
the
proposed
project.

The
studies
performed
during
this
stage
will
validate
the
analysis.

Once
the
design
is
advanced
to
30%,
engagement
with
the
regulatory
agencies
can
begin.

Early
engagement
will
confirm
the
project's
compliance
with
current
permitting
requirements
and
guide
design
decisions
to
avoid
unnecessary
environmental
impacts.

It
would
also
support
subsequent
grant
applications,
should
the
current
grant
application
not
be
awarded.

Environmental
Review:

This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).

Fiscal
Impact:

The
consultant's
fee
will
be
based
on
the
scope
of
work
as
outlined
in
the
Agreement.

The
not-to
exceed
amount
of
$95,445.00
for
professional
services
will
be
the
basis
for
this
effort.

Funds
totaling
$150,000.00
are
available
in
the
Rattlesnake
Creek
Streambank
(DN007)
project
account.

Public
Notification:

None. Attachments: A.

Consultant
Agreement
Reviewed/
Approved
By:

Wendy
Kaserman
Assistant
City
Manager
2 of
21 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

CWJ City
Manager
January 18, 2022, Item #8
City
of
Poway

STANDARD

AGREEMENT
FOR

SERVICES
This
Agreement,
entered
into
this
1 st
day
of
February,
2022,
by and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and

BALANCE

HYDROLOGICS,
INC.
(hereinafter
referred
to
as
"Consultant")
. RECITALS

WHEREAS,
City
desires
to
obtain
the
services
of
a
private
consultant
to
prepare
a
30%
Design
for
the
Rattlesnake
Creek
Rehabilitation
Project
(Project)
;

WHEREAS,
Consultant
is
an
environmental
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.

Termination
for
cause
shall
be
effected
by
delivery of
written
notice
of
termination
to
Consultant.

Such
termination
shall
be
effective
upon
delivery
of
said
notice.
3 of
21 ATTACHMENT
A
1 January 18, 2022, Item #8

5. 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.

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.

8. Ownership
of
Documents.

9. Conflict
of
Interest
and
Political
Reform
Act
Obligations.

During
the
term
of
this
Agreement
Consultant
shall
not
act
as
consultant
or
perform
services
of
any
kind
for
any
person
or
entity
whose
interests
conflict
in
any
way
with
those
of
the
City
of
Poway.

Consultant
shall
at
all
times
comply
with
the
terms
of
the
Political
Reform
Act
and
the
local
conflict
of
interest
code.

Consultant shall
immediately
disqualify
itself
and
shall
not
use
its
official
position
to
influence
in
any
way
any
matter
coming
before
the
City
in
which
the
Consultant
has
a
financial
interest
as
defined
in
Government
Code
Section
87103.

Consultant
represents
that
it
has
no
knowledge
of
any
financial
interests
which
would
require
it to
disqualify
itself
from
any
matter
on
which
it
might
perform
services
for
the
City.
4 of
21 2
January 18, 2022, Item #8
"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:
[8J

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.

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)
5 of
21 3
January 18, 2022, Item #8
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.

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.

14. Consultant's
Insurance.

Consultant
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

For
Claims alleged
to
arise
from
Consultant's
professional
services,
Consultant's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Consultant's
negligence.
6 of
21 4
January 18, 2022, Item #8
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers.
(d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.

16. Assumption of Risk.

Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.

17. Consultant Not an Agent.

Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

18. Personnel.

Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.

City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 21
5 January 18, 2022, Item #8
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law. Forum Selection and Attorneys' Fees.

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.

23. Entire Agreement.

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 CalPERS while providing services to City. 8 of 21
6 January 18, 2022, Item #8
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
9 of 21 7
January 18, 2022, Item #8
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By: __________ _
Chris Hazeltine, City Manager
Date: __________ _
ATTEST:

Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:

By: ____________ _
Alan Fenstermacher, City Attorney
10 of 21
BALANCE HYDROLOGICS, INC.

By: ___________ _
Edward Ballman, Principal Engineer
Date: ___________ _
8 January 18, 2022, Item #8
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Consultant agrees to perform consulting services as required by City, which shall consist of the 30% design services further described in the Scope of Services submitted with the proposals, 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, which are included in this document as Attachment 2. Total fee is not to exceed Ninety-Five Thousand Four Hundred Forty-Five ($95,445). Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates.

Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.

C. Term of Agreement.

This Agreement shall commence and be effective as of February 1, 2022 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.

D. Consultant's Insurance.

1. Coverages:

Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
11 of 21 1
January 18, 2022, Item #8
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."

3. Insurance Certificates:

Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.

E. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:

To City:

To Consultant:
12 of 21 2
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
Balance Hydrologies, Inc.
800 Bancroft Way, Suite 101
Berkeley, CA 94 710
January 18, 2022, Item #8
Attachment 1

7.) Scope of Services
We have identified five work tasks to support the development of a 30% design package for the braided-channel option:
( 1 ) hydrologic monitoring,
(2) management of baseline topographic data collection and tree assessment (to be completed by other City consultants), (3) design development and hydraulic modeling
(4) 30% design package preparation, and
(5) regulatory agency presentation
We have prepared a work plan to address these project goals and objectives:

Scope of Work
Task 1. Hydrologic Monitoring
We propose a streamlined hydrologic-monitoring plan to collect creek level, creek flow, and high-water-mark (HWM) information over the 2021 -2022 winter season, which will be used to inform subsequent design development and modeling tasks related to the Rattlesnake Creek Restoration Project. Balance staff will be onsite to install the hydrologic monitoring equipment. In order to have a quick response to flashy storms, we are partnering with Anchor QEA to provide monitoring observations, including water depth and velocity during up to three storm runoff events. · The data will also provide the City with information about 'their creeks in general, resulting in a better overall understanding of rainfall-runoff processes. In addition, monitoring data will benefit the restoration permitting process by early-establishment of a monitoring program that would ideally continue through required post-project monitoring.

Task 1-1. Hydrologic Monitoring Station Installation
Hydrologic monitoring equipment will be installed in the project reach during a site visit. At Midland Road bridge, a staff plate (to record water surface elevation), stilling well (i.e., PVC pipe), and water level instrumentation (i.e., water-level sensors and a datalogger) will be installed and maintained during the contract period. At Budwin Lane and at the upstream end of the reach, staff plates will be installed. At each staff plate, channel cross-sectional dimensions will be recorded, and velocity measurement locations established.

Budget Table 3 (enclosed) includes equipment rental expenses for hydrologic monitoring.

Deliverable: Installation and maintenance of one hydrologic monitoring station and two additional staff plates.

Task 1-2. WY2021 Field Activities
Site visits during or shortly after storms during water year2 2022 (WY2022) rainy season will be used to collect data over a range of runoff conditions for use in calibrating the existing and proposed conditions hydraulic models. Anchor QEA subconsultant staff members and Balance personnel work together to identify 3 runoff events that will trigger site visits to 2 California's "water year" runs from each October 1 through September 30 of the designation year. WY2022 runs from October 1, 2021 through September 30, 2022.
12 City of Poway www.balancehydro.com
13 of 21
January 18, 2022, Item #8
.:~t Balance
Cif; Hydrologies"'
measure surface velocity and water surface elevation observations at each staff plate. Velocity measurements will allow estimation of flow rates (when paired with a cross section. Additional tasks during storm visits will include walking the project site to document and mark HWMs and erosive activity (where possible to see) and downloading datalogger information. All site visits will include digital documentation; measurements and site observations will be recorded in an Observer's log.

Deliverable: Observer's log (record of site visits and measurements) for WY2022.

Task 1-3. WY2022 Data Management and Reporting
We will utilize the data collected during rainy season WY2022 to develop an approximate stage-to-discharge relationship ("rating curve") for the Midland bridge monitoring station based on data logger information, staff plate readings and velocity measurements. A record of estimated stream discharge will be derived by applying the rating curve to the record of water levels measured by the datalogger. Data will be used to create an approximate streamflow record for the time period of gage installation; the focus of the effort will be on higher flows, which may inform the hydraulic modeling depending on the season.

Deliverable: A technical memo will be prepared that contains the Observer's Log and a streamflow summary for WY2022.

Task 2. Topographic and Tree Baseline Data Collection Management Task 2-1. Topographic Data Collection
We found in our earlier work with the City that existing topographic data are not sufficient for design and hydraulic modeling purposes. We will manage the work effort of a City sub-contracted California-licensed professional land surveyor by providing a work plan, developed in coordination with the City, for topographic data to be collected. We will meet remotely to clarify project needs and methods, and to identify important information to be collected. In addition to topographic information related to the creek bed and banks and overbank areas pertinent to modeling and the conceptual designs, the surveyor will survey-in the locations of staff plates for the hydrologic monitoring effort.

The surveyor will also collect data on the location of trees within the project boundary as identified in coordination with the. The surveyor's deliverable shall include topographic data, tree locations, and staff plate elevations suitable for integration into the project basemap. Balance will guide collection of survey data and integrate the survey data into the project topographic basemap3•
Deliverable: Work plan for a sub-contracted surveyor, remote meeting to clarify project needs, and integration of survey data into the project basemap.

Task 2-2. Tree Assessment
The project site contains native trees (such as Coast Live Oak, Canyon Live Oak, Englemann Oak, and California Sycamore) that may be considered "Heritage trees" by the City-4, as well as non-native eucalyptus, pepper, and other species. The Option B design will utilize portions of the south bank area. Therefore, identification and assessment of trees and other vegetative species of interest by an arborist is needed for this project. We will manage the work effort of a City sub contracted arborist by providing a work plan, developed in coordination with the City, for tree data to be collected. We will provide a work plan for a City sub-contracted arborist that will identify the assessment boundary and methods, and in consultation with the City, on goals for preservation and/or potential for tree removal. The deliverable from the arborist shall be a brief memo with recommendations of trees to avoid and root protection distances (drip line) for trees that may remain in place but could be affected by the design.

Deliverable: Balance will integrate tree assessment information into the anticipated project construction envelop of Option B for review of quantities and species of trees that may be affected and required replacement ratios .. 3 The USGS San Diego LiDAR dataset (collected in 2014/2015 and published in March 2020) may be used as supplemental topographic information, as needed.
4 Per City of Poway Municipal Code, Chapter 12.32, Urban Forestry. www .balancehydro.com
14 of 21
Rattlesnake Creek 30% Design -RFP #22-014 13
January 18, 2022, Item #8
~J~ Balance
{~ Hydrologies"'
Task 3. Design Development and Hydraulic Modeling
Task 3-1. Existing Conditions Hydraulic Model Development Balance staff will develop an existing conditions model to aid in understanding the hydraulic behavior of the stream corridor under current conditions. The "existing condition" for this model run will be considered the condition before the grade controls collapsed and channel erosion occurred, in keeping with the currently-effective FEMA Flood Insurance Study (FIS). The model will be built using the U.S. Army Corps of Engineers HEC-RAS software platform, using information from the project basemap developed during the baseline data collection task, and data from the FEMA FIS and the FEMA effective model (which will be requested). The model will be run using appropriate flow hydrogrophs. Model results will allow on examination of predicted hydraulic depth, velocity, and shear stress values. Results may also identify where overbank flow occurs under current conditions and locations to route flows onto and off the Option B south bank floodplain.

Deliverable: Technical results from the existing conditions model will be included in the design basis report.

Task 3-2. Proposed Conditions Hydraulic Model Development Using the HEC-RAS existing conditions model as a base, we will develop a proposed conditions model using the Option B restoration concept to characterize key hydraulic parameters that will be considered during the design process. Running a proposed condition model will allow for early refinement of the preferred alternative design details (Task 3.4) as well as to verify achievement of a "no-rise" FEMA condition.

Additionally, using shear stress results from the proposed conditions models, we will estimate changes in sediment transport characteristics for typical bed material size classes found just upstream where sediment tends to accumulate. By analyzing how the design may alter the ability of the Budwin Lane reach to transport sediment, we may be able to highlight potential areas of concern for scour /erosion or deposition and adjust the design accordingly.

Deliverable: Technical results of the proposed conditions model will be included in the design basis report.

Task 3-3. Flood Modeling and Analysis
This reach of Rattlesnake Creek is mapped in a Zone AE Special Flood Hazard Area, which is defined as on area subject to inundation by the 1-percent-annual-chance flood event that is determined by detailed methods and includes base flood elevations (BFEs). This reach also has a defined jurisdictional floodway, and any encroachments therein would trigger a FEMA letter-of-map-revision (LOMR) process unless it can be demonstrated that there is "no-rise" in BFEs via a certification process5, meaning that the l 00-year water surface elevations in the project vicinity do not increase as a result of the proposed project.

At this early stage in the project, a "no-rise" restoration design configuration for Option B appears feasible. The FIS l 00- yeor design event discharge value will be run in the existing and proposed conditions models to establish water surface elevations for both conditions at the site, These elevations will be compared to demonstrate that the "no-rise" condition is met.

Use of the U.S. Army Corps of Engineers HEC-RAS software platform will assure that analyses are completed in a format that can be used for coordination with FEMA with respect to floodplain mapping requirements and criteria (if necessary). This task will be completed in conjunction with the other modeling tasks so that flood-control considerations ore incorporated into the project design, alongside other restoration design objectives.

Assumption: A "no-rise" approach is accepted under the City of Poway floodplain ordinance6• Deliverable: Existing and proposed conditions 100-year event model results will be included in the design basis report. 5 The certification will eventually require review and approval by the City floodplain manager (or equivalent staff member). 6 The City ordinance ( 16.88.060) states: "Floodways. Prohibit encroachments, including fill, new constructi;n, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in (the base) flood elevation during the occurrence of the base flood discharge."
14 City of Poway www .balancehydro.com
15 of 21
January 18, 2022, Item #8
~/~~-Balance
(11:; Hydrologies'"
Task 3-4. Preferred Alternative Design Refinement
Balance will utilize the information gained from hydrologic monitoring (Task 1 ), topographic survey and tree assessment (Task 2), findings from the existing and proposed conditions hydraulic models (Tasks 3.1 and 3.2) and the 100-year flood analysis (Task 3.3) to refine the braided channel design, with an emphasis on longitudinal slope stability, cross-sectional bank stability, no adverse flood impacts, and establi_shment of south overbank flow pathways at various elevated flows. Refinement of the design will depend on information gained from the hydraulic models, and thus these modeling and design refinements are related through an iterative process. Our budget accounts for one round of refinement for the 30% design package.

Deliverable: Design details will be included in the 30% design package.

Task 4. 30% Design Package Preparation
Task 4-1. 30% Design Plans
A 30% design pion set will be developed for the Option B braided channel concept that reflects the refinement process described in Task 3.4 and flooding considerations in Task 3.3. Anticipated sheet count is as follows:

Plan Sheet Category
Cover sheet and general notes
Site preparation and staging/ access plans
(includinq mobilization/demobilization and diversion/dewoterinqJ Grading and layout plans
Cross-sections and profiles
Construction details and typicals
(including the stormwoter outfall and at the Budwin Lone tributary) outfall
Deliverable: 1 0 sheets containing the 30% design plans.

Task 4-2. 30% Cost Estimate and Notes
Total
Number of Sheets
1 2
3 2
2 10
Thirty-percent quantities and other design details to be used for cost estimating will be developed, building on the preliminary cost estimate included in the Geomorphic Channel-Integrity Study and the work described in Task 3. We will also refine the cost estimate in conjunction with development of the 30% design plans and will prepare preliminary construction notes to accompany the plans.

Deliverable: 30% design cost estimate and preliminary notes.

Task 4-3. 30% Design Basis Report Preparation
The 30% Design Basis Report (DBR), which will include 30%-level engineering and geomorphic feasibility details) will focus on presenting the technical bases, as developed in the work plan outlined in this proposal and our previous Geomorphic Channel-Integrity report, which support restoration concept Option B and the 30% design package. The DBR will support the City and the permitting process by providing regulatory agencies and other stakeholders with information and conclusions related to completed hydrologic, hydraulic, and engineering analyses described above. Our budget accounts for one round of external review by City staff prior to finalization of the 30% design basis report.

Deliverable: 30% design basis report will include technical details as described in the above tasks. www.balancehydro.com
16 of 21
Rattlesnake Creek 30% Design -RFP #22-014 15
January 18, 2022, Item #8
· Balance -=
~ Hydrologies"'
Task 5. Regulatory Agency Presentation
Task 5-1. Regulatory Agency Engagement
A PowerPoint presentation will be developed that provides as overview of the tasks described in this work plan that will be used to introduce the project and project proponents to the regulators early in the design development process. This meeting gives regulators a chance to informally review and comment on design direction, which will ultimately guide subsequent design levels and upcoming permitting submittals. Guidance on environmental review and permitting requirements will be needed to understand regulatory opportunities and constraints related to the design process. Balance personnel will work with a City permitting specialist to communicate technical information to regulators.

Deliverable: One PowerPoint presentation and participation at one regulatory agency meeting.

Task 6. Estimated Schedule
We are prepared to begin work upon contracting with the City. The proposed schedule, below, is an estimate of time required to complete each task and a possible timeframe for that work. In concert with the City, we reserve the right to make schedule adjustments if found necessary. For instance, the on-going COVID-19 pandemic may lead to schedule adjustments beyond our control, as travel and access to the site may continue to be affected. 16 17 of 21
Project Element
Notice to Proceed, Contracting
Hydrologic Monitoring
Topographic and Tree Data Collection
Modeling and Design Development
30% Design Package
Regulatory Presentation
City of Poway
Estimated Schedule
January 2022
Starting January 2022
January-April 2022
March-June 2022
June-August 2022
September 2022
www .balancehydro.com
January 18, 2022, Item #8
Attachment 2
Table 1. Anticipated Staff Hours by Task
220091 Rattlesnake Creek Restoration, 30% Design Development 0 '-C
.g .g
(l) Q)
u, -0
Task Number and Description 0:
0 -C U 0 Q) ·;;;
·o Q)
0: 0
ct
HourlyRafe $220 $190 $180 $165 $140 $135
Task 1. Hydrologlc Monitoring (Balance Hydrologies)
Task 1-1. Hydrologic Monitoring Station Installation
Task 1-2. WY202 I Field Activities Management
Task 1-3. WY202 I Doto Management and Reporting
Task 2. Topographic and Tree Baseline Data Collection Management Task 2-1. Topographic Doto Collection
Task 2-2. Tree Assessment
Task 3. Design Development and Hydraulic Modeling
Task 3-1. Existing Conditions Hydraulic Model Development Task 3-2. Proposed Conditions Hydraulic Model Development Task 3-3. Flood Modeling and Analysis
Task 3-4. Preferred Alternative Design Refinement
Task 4. 30% Design Package Preparation
Task 4-1. 30% Design Plans
Task 4-2. 30% Cost Estimate and Notes
Task 4-3. 30% Design Basis Report Preparation
Task 5. Regulatory Agency Presentation
Task 5-1. Regulatory Agency Engagement
Subtotal Hours
Total Hours
Noles:
!0Hle1nokc Creek Phase 2 Budoet.ds,. Table l. 12/1/2021 18 of 21
2 6 20
4 8
8 12
Task l Subtotal
] · 8 8
I 8 8
Task 2 Subtotal
2 20 6 8
I 2 30 6 8
2 2 8 2 4
6 12 32 4
Task 3 Subtotal
4 4 24 12 120
2 2 8 4 12
6 12 30 8
Task 4 Subtotal
4 4 8 2
Task 5 Subtotal
32 12 118 134 40 182
~ SUBTOTAL LABOR
Expenses including SubConsulfant from Table 2

GRAND TOTAL
$4,230.00
$2,000.00
$3,220.00
$9,450.00
$2,620.00
$2,620.00
$5,240.00
$6,270.00
$8,070.00
$3,130.00
$9,300.00
$26,770.00
$24.140.00
$4,540.00
$9,510.00
$38,190.00
$3.190.00
$3,190.00
$82,840.00
S12.605.00
$95,445.00
e.!021 Bolanci> Hydrolc
January 18, 2022, Item #8

EXHIBIT
"B"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.

Deering's
California
Codes
Annotated>

GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
>
Article
4 California
Public
Employees'
Pension
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)
19 of
21 (l)Notwithstanding
subdivision
(c),
any
retired
person
shall
not
be
eligible
to
serve
or
be
employed
by
a public
employer
if,
during
the
12-month
period
prior
to
an
appointment
described
in
this
section,
the
retired
person
received
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
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.
17 January 18, 2022, Item #8
(2)A
retired
person
who
accepts
an
appointment
after
rece1vmg
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
(1
)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a public
meeting.

The
appointment
may
not
be
placed
on
a consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources.

The
department
may
establish
a process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if
abuses
of
the
system
occur.

The
appointment
may
not
be
placed
on
a consent
calendar.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
.California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a public
meeting.

The
appointment
may
not
be
placed
on
a consent
calendar.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
1,
2013,
or
has
been
included
in
subsequent
agreements.
( 4)The
retiree
is
a public
safety
officer
or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a public
safety
officer
or
firefighter.
(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.
20 of
21 18
January 18, 2022, Item #8
(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
11 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
3 83),
effective
January
1,
2013;
Stats
2014
ch
238
§ 1 (AB
2476).
effective
January
1,
2015.

Annotations Notes
Amendments: Note-
Amendments: 2013
Amendment:

Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(l)
and
(f)(2);
(2)
"or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(f)(
4);
and
(3)
"Judges'
Retirement
System"
for
"Judges'
Retirement
System
I"
in
subd
(i).
21 of
21 19
January 18, 2022, Item #9
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
January 18, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services M
Henry Trang, Senior Civil Engineer Jf7
(858) 668-4602 or [email protected]

CITY COUNCIL
Approval of Consultant Agreements with Right-of-Way Engineering Services, Inc. and NV5, Inc. for As-needed Land Surveying Services; RFP 22-015 In November 2021, the City sent out a Request for Proposals (RFP) for as-needed land surveying services. This action will approve the Consultant Agreements with Right-of-Way Engineering Services, Inc. and NV5, Inc. to provide as-needed land surveying services. The length of the agreements are from January 19, 2022 through January 18, 2024, with a provision to mutually extend the agreements with three extensions of one year each.

Recommended Action:

It is recommended that the City Council authorize the City Manager to execute the Agreements with Right-of-Way Engineering Services, Inc. (Attachment A) and NV5, Inc. (Attachment B) for as-needed plan review services per the outlined terms of the Agreement.

Discussion:

Staff issued an RFP in November 2021 for as-needed land surveying services and received seven proposals. After a thorough evaluation of the seven proposals submitted, staff selected Right-of-Way Engineering Services, Inc. and NV5, Inc. as the firms best suited to meet the City's current and future needs. Proposals were evaluated based on established criteria as found in the RFP, including a demonstration of understanding the services requested, qualifications of the firms and specific individuals, demonstrated record of success by the consultant on work previously performed for the City or other municipalities, schedule of hourly rates, and references. Rates for the firms are consistent with industry standards. As-needed services will support Development Services staff with land survey services for various capital improvement and private development projects.

Environmental Review:

This item is not subject to the California Environmental Quality Act (CEQA). 1 of 34
January 18, 2022, Item #9
Fiscal Impact:

All costs incurred for land surveying services associated with private projects under these agreements are fully offset by developer fees. Funding for services related to public projects is within individual Capital Improvement Program project budgets.

Public Notification:

None
Attachments:

A. Standard Agreement for Consultant Services with Right-of-Way Engineering Services, Inc., including the Scope of Work and Fee Schedule
B. Standard Agreement for Consultant Services with NVS, Inc., including the Scope of Work and Fee Schedule
Reviewed/ Approved By:

Wendy Kaserman
Assistant City Manager
2 of 34
Reviewed By:

Alan Fenstermacher
City Attorney City Manager
January 18, 2022, Item #9
City
of
Poway

STANDARD

AGREEMENT
FOR

SERVICES
This
Agreement,
entered
into
this
1s
t
day
of
February,
2022,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and

RIGHT-OF-WAY

ENGINEERING

SERVICES,
INC.,
(hereinafter
referred
to
as
"Consultant").

RECITALS

WHEREAS,
City
desires
to
obtain
the
services
of
a
private
consultant
to
perform
as
needed
land
surveying
services
(Project);

WHEREAS,
Consultant
is
a
land
surveying
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.

Termination
for
cause
shall
be
effected
by
delivery
of
written
notice
of
termination
to
Consultant.

Such
termination
shall
be
effective
upon
delivery
of
said
notice.
3 of34

ATTACHMENT
A
1 January 18, 2022, Item #9

5. 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.

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.

8. Ownership
of
Documents.

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
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.
4of34
2 January 18, 2022, Item #9
"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:
[8J

1. ConsultanUContractor
will
not
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.

No
disclosure
required.

2. ConsultanUContractor
will
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.

As
a
result,
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.

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)
5 of34
3 January 18, 2022, Item #9
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.

13. Licenses,
Perm
its,
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.

14. Consultant's
Insurance.

Consultant
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

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.
6of34
4 January 18, 2022, Item #9
(c)
The
foregoing
obligations
of
Consultant
shall
not apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Consultant,
anyone
directly
or
indirectly
employed
by
it
or anyone
for
whose
acts
it
may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Consultant
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts.
(e)
Consultant
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Consultant
is
carrying
and
maintaining; however,
if Consultant
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Consultant
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Consultant
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section

15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.

16. Assumption
of
Risk.

Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Consultant:
(a)
Consultant
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Consultant
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Consultant's
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services;
and
(b)
it is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Consultant
or
its
employees
in
connection
with
Consultant's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services.

17. Consultant
Not
an
Agent.

Except
as
City
may
specify
in
writing,
Consultant
shall
have
no
authority,
expressed
or
implied,
to act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.

Consultant
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.

18. Personnel. Consultant
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.

The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects.

City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Consultant
by
giving
oral
or
written
notice
to
Consultant
to
such
effect.
7 of34
5 January 18, 2022, Item #9
Consultant's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.

19. Notices. Notices
shall
be
given
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

20. Governing
Law,
Forum
Selection
and
Attorneys'
Fees.

This
Agreement
shall
be
governed
by,
and
construed
in
accordance
with,
the
laws
of
the
State
of
California.

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.

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.

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.

25. Severability.

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
34 RIGHT-OF-WAY

ENGINEERING

SERVICES,
INC.
8 By:-----------
Michael
Schlumpberger,
President
Date:
------------
January 18, 2022, Item #9
A.
"SPECIAL
PROVISIONS"

EXHIBIT
"A"
Scope
of
Services.

Consultant
agrees
to
perform
consulting
services
as
required
by
City,
which
shall
consist
of
the
as-needed
land
surveying
services
further
described
in
the
Scope
of
Services
submitted
with
the
proposals
dated
November
29,
2021,
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.

Compensation
and
Reimbursement.

City
shall
pay
Consultant
on
a
time
and
material
basis
in
accordance
with
the
Fee
Proposals
submitted
with
the
proposals
dated
November
29,
2021,
which
are
included
in
this
document
as
Attachment

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.

Term
of
Agreement.

Consultant's
Insurance.

1. Coverages: Consultant
shall
obtain
and
maintain
during
the
life
of
this
Agreement
all
of
the
following
insurance
coverages: (a)
Comprehensive
General
Liability,
including
premises-operations,
products/completed,
broad
form
property
damage,
and
blanket
contractual
liability
with
the
following
coverages:

General
Liability
$1,000,000
Bodily
Injury
and
Property
Damage
combined
each
occurrence
and
$2,000,000
aggregate.
11 of
34 1
January 18, 2022, Item #9
(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:

Notices. All
notices,
billings
and
payments hereunder
shall
be
in
writing
and
sent
to
the
following
addresses:

To
City:

To
Consultant:
12 of
34 2
City
of
Poway
-
Development
Services
13325
Civic
Center
Drive
Poway,
CA
92064
Right-Of-Way
Engineering
Services,
Inc.
615
South
Tremont
Street
Oceanside,
CA
92054
January 18, 2022, Item #9
Attachment
1 Right-of-Way
Engineering
Services,
Inc.

City
of
Poway
As-Needed
Land
Surveying
Services
Scope
of
Work
-Project
Understanding
The
City
of
Poway
desires
to
establish
a
team
of
qualified
land
surveying
consultants
to
provide
as-needed
surveying
services.

Selected
consultants
may,
at
the
request
of
the
City,
be
asked
to
provide:

Construction
staking,
topographic
design
surveys,
AutoCAD
mapping
and
drawings,
prepare
legal
descriptions
with
plats,
prepare
exhibit
maps,
perform
property
research,
review
documents
and
maps,
aerial
surveying,
geographic
information
system
data,
pothole
location,
control
surveys,
monument
preservation,
utility
location,
boundary
surveys,
and
map
preparation.

Right-of-Way
Engineering
cunently
provides
as-needed
survey
services
for
a
multitude
of
Cities
and
agencies,
including
the
City
of
Poway,
City
of
Oceanside
Water
Utilities,
City
of
Vista,
City
of
Carlsbad
and
City
of
Encinitas.

Based
on
our
experience
with
these
cunent
contracts,
previous
contracts
and
other
agencies,
we
maintain
the
needed
staff
and
equipment
to
meet
any
potential
project
requirements.

We
are
responsive,
flexible
and
understand
your
requirements,
policies
and
processes.

Professional
Survey
Services
provided
• Legal
descriptions
and
Plat
maps
• Topographic
survey
• High
Density
3D
laser
scanning
• Utility
research
• Topography
drafting,
plan
and
profile,
cross
sections,
spot
elevations,
contours
• Land
net
creation
for
roadways,
pipelines
and
building
sites
• Boundary
surveys,
comer
records,
records
of
survey
• Boundary
line
adjustments,
certificate
of
compliance
• Construction
Staking
-
all
aspects
• Control
networks
-horizontal
and
vertical • Mass
grading quantity
calculation
and
tracking
• Hydrographic
survey
• Parcel
maps,
Subdivision
maps
• Aerial
mapping
•
Utility
tracing
-
Radio
detection,
GPR,
video,
thumping
• Potholing
-
Non-destructive
&
excavation
• Drafting
services,
plan
drafting
from
engineers
redlines
• Map
and
Document
review
Right-of-Way
Engineering
understands
the
importance
of
critical
path
for
each
project.

Upon
notice
to
proceed
on
any
project
we
will
work
with
the
City
project
Engineer
to
develop
a time
line
for
the
project
and
a detailed
list
of
deliverables.

Multiple
Tasks/
Projects
Given
the
opportunity
to
provide
services
on
multiple
projects
at
the
same
time
we
analyze
the
project
tasks
and
identify
key
milestones
for
each
project,
we
then
develop
a schedule
for
each
project
based
on
the
desired
completion
date,
with
the
schedule
for
each
project
established
we
combine
similar
tasks
from
each
project
such
as
boundary
research,
utility
research
and
establishment
of
project
control
enabling
more
efficient
completion
of
each
task.

Compensation
-
Fee
Proposal
Right-of-Way
Engineering
services
provides
professional
survey
services
to
municipalities
and
public
agencies
on
a
time
and
materials,
not
to
exceed
basis.

We
will
provide
a
not to
exceed
estimate
for
each
project
and
bill
only
the
actual
time
and
material
required
to
complete
the
project
based
on
the
following
hourly
rates
and
reimbursable
expense
markup:
13 of
34 January 18, 2022, Item #9
Attachment
2 Right-of-Way
Engineering
Services,
Inc.

City
of
Poway
As-Needed
Land
Surveying
Services
HOURLY
RATE

SCHEDULE
Field
Surveys
-
Prevailing
Wage
Rate
$215.00
Topographic,
Boundary,
Control,
GPS
and
Construction
Staking
Office
calculations,
legal
description
and
plat
$110.00
preparation,
boundary
calculation,
note
reduction
AutoCAD
Drafting,
topographic
base
map
preparation
$110.00
Map
Checking
I Document
Review
$125.00
Supervising
Land
Surveyor
$145.00
Title
reports,
aerial
photogrammetry,
utility
mark
out
Cost+
5%
14 of
34 January 18, 2022, Item #9

EXHIBIT
"B"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.

Deering's
California
Codes
Annotated>

GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
>
Article
4 California
Public
Employees'
Pension
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)
15 of
34 (!)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
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.
17 January 18, 2022, Item #9
(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:
(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
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.

The
appointment
may
not
be
placed
on
a consent
calendar.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
1,
2013,
or
has
been
included
in
subsequent
agreements.
( 4)The
retiree
is
. a public
safety
officer
or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a public
safety
officer
or
firefighter.
(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
i:etirement
and
subdivision
(f)
shall
not
apply.
16 of
34 18
January 18, 2022, Item #9
(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
Il
who
is
assigned
to
.serve
in
a
court
pursuant
to
Section
68543.5.

History Added
Stats
2012
ch
296
§ 15
(AB
340),
effective
January
1,
2013.

Amended
Stats
2013
ch
528
§ 11
(SB
13).
effective
October
4,
2013
(ch
528
prevails);
ch
76 § 75
(AB
383),
effective
January
1,
2013;
Stats
2014
ch
238
§ 1 (AB
2476).
effective
January
1,
2015.

Annotations Notes
Amendments: Note-
Amendments: 2013
Amendment:

Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(l)
and
(f)(2);
(2)
"or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(f)(
4);
and
(3)
"Judges'
Retirement
System"
for
"Judges'
Retirement
System
I"
in
subd
(i).
17 of
34 19
January 18, 2022, Item #9
City
of
Poway

STANDARD

AGREEMENT
FOR

SERVICES
This
Agreement,
entered
into
this
1 st
day
of
February
, 2022,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
NV5,
INC.,
(hereinafter
referred
to
as
"Consultant").

RECITALS

WHEREAS,
City
desires
to
obtain
the
services
of
a
private
consultant
to
perform
as
needed
land
surveying
services
(Project);

WHEREAS,
Consultant
is
a
land
surveying
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.

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.
18 of
34 ATTACHMENT
B
1 January 18, 2022, Item #9

5. Confidential Relationship.

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.

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. 19 of 34 2
January 18, 2022, Item #9
"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:

C8]

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.

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)
20 of
34 3
January 18, 2022, Item #9
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.
21 of 34 4
January 18, 2022, Item #9
(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.

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. 22 of 34 5
January 18, 2022, Item #9
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

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.

23. Entire Agreement.

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

A
copy
of
Government
Code
section
7522.56
is
attached
hereto
as
Exhibit
"8."
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)
24 of
34 7
January 18, 2022, Item #9
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By: __________ _
Chris Hazeltine, City Manager
Date: __________ _
ATTEST:

Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:

By:------------
Alan Fenstermacher, City Attorney
25 of 34
NV5, Inc.

By:------------
Paul Robotta, Director of Survey, VP
Date: ___________ _
8 January 18, 2022, Item #9
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed land surveying services further described in the Scope of Services submitted with the proposals dated December 1, 2021, 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.

8. Compensation and Reimbursement.

City shall pay Consultant on a time and material basis in accordance with the Fee Proposals submitted with the proposals dated December 1, 2021, which are included in this document as Attachment 2. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

C. Term of Agreement.

This Agreement shall be effective from the period commencing February 1, 2022, and ending January 31, 2025, 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:
(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.
26 of 34 1
January 18, 2022, Item #9
(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:

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:
27 of 34 2
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
NV5, Inc.
15092 Avenue of Science, Suite 200
San Diego, CA 92128
January 18, 2022, Item #9

SCOPE OF SERVICES
TASK 1. CONSTRUCTION STAKING ON CITY
f'APITA MP n JEM NT PR CTS
These tasks would start with an examination and
understanding of the plans prepared for the specific
project. For a street improvement project, the tasks
might include staking for grading, underground
utilities, and curb and gutter. For a City park, the tasks might include staking for street improvements as well
as for buildings, lights, walks, playgrounds, bathrooms, etc. Other projects, such as storm water and flood
control, new sewer or water lines, landscaping, etc. all generally require the services of a professional land
surveyor. NV5 has successfully performed all of these
types of tasks for many public agencies.

TA K~&~.D G U v Y /TU UC:iRAPHIC

SURVEYS ON CITY CAPITAL IMPROVEMENT
R CTS
Before plans can be created, a typical CIP project
would need a design/topographic survey of existing
conditions. A deliverable might include the topography
of the site, including contours and spot elevations,
a Digital Terrain Model, planimetrics and elevations
of existing features -above and below ground, a
boundary survey and plotted easements. NV5 has
many tools and the expertise to perform these types
of surveys. A topographic survey can be created by
photogrammetry, LiDAR, high definition scanning or
by field shots. NV5 has a fully staffed Geospatial
division in the San Diego Office that performs this
work in house.

TASK 4 Cu PUTER MAPPI G
Generally, computer generated drawings are created
using AutoCAD Civil 3d, which is the current platform
used by NV5. A deliverable could be an AutoCAD
drawing, a PDF of the drawing, and/or a plotted
hardcopy. NV5 is also capable of deliverables prepared
using Microstation. In any case, the deliverable can be prepared using the City's own CAD standards.

TASK 5. PREPARE LEGAL DESCRIPTIONS AND
EX~IB TS
NV5 personnel have written hundreds, if not
thousands, of legal descriptions. We have also
prepared many plats to accompany legal descriptions,
as well as many other types of exhibits, including
exhibits for use in court cases.

Whatever type of exhibit is needed, NV5 can
prepare it.

ASK 6. PERFORM RESEARCH AND DOCUMENT
Ri:-v A/
The NV5 survey department is very familiar with survey
related research. Map research is typically done on the County of San Diego's Survey Records System. Other
records might come from the City, Caltrans, or the
BLM. Document review would include map checking or
review of any other type of survey related documents.

City of Poway I As-Needed Land Surveying Services NV5.COM I 13 January 18, 2022, Item #9

OUR APPROACH
Based on the scope of work defined in the Request for
Proposal, and our many years of experience providing
as-needed surveying, the NV5 team has developed a
technical and professional approach to complete the
required On-Call Surveying tasks.

Keeping in mind that this is a solicitation for a very
wide range of services, NV5 survey professionals are
seasoned experts in providing the following tasks:
• Topographic Surveys
• Aerial Mapping
• Horizontal and Vertical Control Surveys
• As-Built Surveys
• Utility Location Surveys
• Underground SDG&E Surveys
• Right-of-Way Surveys
• LIDAR and HOS Data Collection
• Boundary Determination
• Easement Acquisition/ Easement Vacation/
Legal Descriptions
• Legal, Survey, and Engineering Document Review
• Land Acquisition/ Exchange
• Construction Staking
For over 67 years, the NV5 team has been delivering
as-needed engineering, surveying and consulting
services to various agencies. In that time we have
gained a very thorough understanding of the
procedures and guidelines for completing requested
work. We have successfully delivered projects that
were on time, within the agreed upon budgets, and as
expected. Based on our experience, and the proposed
scope of work, we present general workflow/approach
to delivering professional services as follows:
• When NV5 receives a request for work, we
thoroughly review and document the work to be
performed with City Staff. NV5 will immediately
begin a dialog to understand the specific
requirements and usually visit the project site
to get a better understanding of the specific
requirements and unique challenges given
the work environment. We will attend a project
kickoff meeting to review project elements,
deadlines, and deliverables. We will attempt to
identify physical constraints and issues such as
access, right-of-way, utilities, and safety. From the
start we establish direct lines of communication
between the NV5 PM and the City PM to answer
any questions and to verify the deliverable and
the schedule.
• For each project, the NV5 project manager,
with input from the client, will develop a
detailed scope of work to meet the specific
project criteria. The PM will consider, plan, and
document the approach, and include items
such as methodology, equipment, software,
completion date with milestones, budget, note
keeping, forms, digital mapping format, safety
and security concerns, environmental issues,
permits,right of entry, methods of access and
travel, and final product.
• Before we perform the surveying, the requested
work is put into writing in the form of a QQTR
(Quality, Quantity, Time and Resources) Work
Request. This way, the staff that is performing the
work has a chance to review the written request
with the project manager. By doing so, staff
can ask questions, review the budget, discuss
procedures, and understand the deadlines.
• When the work is performed, the performing staff
must review their work and initial the work in
order to certify that they have reviewed the work
and made any changes or editions.
• When the survey field work is handed in to the
office, the team leader or project manager
must review the work before it is converted into
mapping data or delivered to the client.
• As information is converted into mapping, the
CADD/Microstation staff reviews the field work.

City of Poway I As-Needed Land Surveying Services NV5.COM I 15 January 18, 2022, Item #9
Our approach to Quality Management is founded on
the basic philosophy that safety and quality are core
values. Each team member takes great pride that we
have established and maintained a reputation as an
organization with high standards. Our philosophy for
providing quality is ingrained in each employee as they are expected to deliver the highest quality service and product to our clients.

H
On-Time Delivery Within Budget
The cornerstone of the NV5 Team's success is our
philosophy that we act as an extension of our client's
staff. To be successful, the project team must work
closely with City staff to identify and address key
issues and concerns early, and to plan how the
issues and concerns are to be addressed. Early
issue identification comes from having an in-depth
knowledge of local issues and concerns, combined
with extensive experience, and technical expertise.

Maintain Project Schedule
One of the project manager's tasks is to develop a
comprehensive survey schedule that identifies all
critical tasks and the interrelationships of the project, and then to effectively use it to ensure tracking of
these critical path items.

Progress Report and Meetings
The schedule is closely monitored with progress
reports prepared for the team at time intervals
appropriate to the scope and schedule of the project.

We hold regular meetings to monitor project progress
which would include key staff from the City, NV5,
and appropriate subconsultants. Progress and
coordination meetings follow a set agenda and feature
review of an action item list with minutes of the
meeting released within several days of the meeting.

Workload
One of the NV5 team's attributes is our dedication
to providing the appropriate resources to complete
projects on schedule. Prior to submitting a proposal,
our standard procedure requires a careful evaluation
of the types and volume of projects under contract,
together with the proposed work requirements. This
evaluation is performed to ensure that we can meet
our schedule commitments. Based on our company
commitment to public works clients, the City of Poway
will be considered a prime client, and allocation of
staff and resources will be prioritized for City work
to the best of our ability. Our past project experience providing as-needed surveying services to multiple
agencies has proved our dedication to honor our
commitments with quality work products.

NV5 surveyors have supported NV5 engineering
design and development projects over the years for
such projects as Stonecreek Canyon, Rattlesnake
Creek Channel Improvements, Oak Knoll Roadway
Improvements, and Community Road As-Builts.

Moreover, in addition to performing design surveys
for City projects, we have processed easement
documents and record of survey maps.

Our knowledge of the local environment is born out of
years of experience working for local agencies. Some
of the agencies, and projects, we have worked for in
the past are as fol lows:
• San Diego Zoological Society: Over several
decades working for the Zoological Society,
we have provided control and design surveys
in support of many new exhibits in both parks.

Survey crews had to be very sensitive to working
around animals and guests while still trying to be
productive. Projects included:
• Wild Animal Park: Sewer Pump and Lift
Stations, Heart of African Tram Replacement,
Zip Line Exhibit, Tiger Walk, Wild Animal Park
Comprehensive Aerial Photogrammetry, and
the North American Condor Exhibit
• San Diego Zoo: Zoo Equalization Tank and
Pipeline, Zoo Access Road, Jungle Trail Storm
Drain Pipeline and the Hippo and Panda
Bear Exhibits.

City of Poway I As-Needed Land Surveying Services NV5.COM I 17 January 18, 2022, Item #9
Attachment 2
2022 CHARGE RATE SCHEDULE
Technical Services
Engineering Aide/Planning Aide ___________________ $85.00/hour Project Assistant $90.00/hour
Project Administrator $100.00/hour
GADD Technician I $105.00/hour
GADD Technician II $120.00/hour
GADD Technician Ill $140.00/hour
Sr. GADD Technician/Designer $153.00/hour
Design Supervisor $163.00/hour
GIS Technician I $105.00/hour
GIS Technician II $125.00/hour
GIS Analyst $142.00/hour
Senior GIS Analyst $175.00/hour
Professional
Junior Engineer/ Planner/ Scientist/Surveyor ______________ $125.00/hour Assistant Engineer/ Planner/ Scientist/Surveyor $142.00/hour Associate Engineer/ Planner/ Scientist/ Surveyor $160.00/hour Senior Engineer/ Planner/ Scientist/Surveyor $175.00/hour Manager $225.00/hour
Associate $235.00/hour
Principal $262.00/hour
Feld Survey
1-Person Survey Crew (Chain-Person)* _________________ $152.00/hour 1-Person Survey Crew (Party Chief)* $175.00/hour
2-Person Survey Crew* $300.00/hour
3-Person Survey Crew* $367.00/hour
* Field rates are based on "Prevailing Wage" as determined by the Department of Industrial Relations (DIR).

Rates are effective through December 31, 2022. If contract assignment extends beyond that date, a new rate schedule will be added to the contract. Litigation support will be billed at $400.00 per hour.

EXPENSES:

Plotting and In-House Reproduction ___________________ 1.10 x Cost Subsistence ___________________________ 1.10 x Cost
Other Expenses -Including Subconsultants & Purchased Services through Subcontracts _ 1.10 x Cost GIS Web Hosting _________________________ 1.10 x Cost
Mileage -Outside Local Area __________________ Per Accepted IRS Rate 31 of 34
January 18, 2022, Item #9

EXHIBIT
"B"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.

Deering's
California
Codes
Annotated>

GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
> Article
4 California
Public
Employees'
Pension
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)
32 of
34 (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
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.
17 January 18, 2022, Item #9
(2)A
retired
person
who
accepts
an
appointment
after
receiving
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
(1
)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a public
meeting.

The
appointment
may
not
be
placed
on
a consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources.

The
department
may
establish
a process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if
abuses
of
the
system
occur.

If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before 180
days
have
passed
and
approves
the
appointment
in
a public
meeting. The
appointment
may
not
be
placed
on
a consent
calendar.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
.California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a public
meeting.

The
appointment
may
not
be
placed
on
a consent
calendar.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
1,
2013,
or
has
been
included
in
subsequent
agreements.
( 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.
33 of
34 18
January 18, 2022, Item #9
(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
11 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).
34 of
34 19
January 18, 2022, Item #10
January 18, 2022, Item #10
January 18, 2022, Item #10
January 18, 2022, Item #11
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
January 18, 2022
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or [email protected]

CITY COUNCIL
Second Reading and Adoption of Ordinance No. 851 entitled "An Ordinance of the City Council of the City of Poway, California, Approving Specific Plan Amendment 21-002 To The Old Coach Golf Estates Specific Plan To Transfer Development Rights Of Four Single-Family Residential Lots Included In Tentative Tract Map (TTM) 06-02 To A 15.6-Acre Remainder Parcel To Be Developed With Six Single-Family Residential Lots, Establish Development Standards For A Proposed Subdivision And Preserve Open Space."
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on December 7, 2021. There were no speakers.

There was a minor typographical error in the Specific Plan Amendment (SPA) project number in the December 7, 2021 ordinance and public hearing advertisement for January 18, 2022. The correct SPA number as reflected in this report and the attached Ordinance is SPA 21-002.

The Ordinance is now presented for second reading and adoption by title only.

Vote at first reading:

Recommended Action:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

MULLIN, FRANK, GROSCH, LEONARD, VAUS
NONE
NONE
NONE
NONE
It is recommended that the City Council adopt Ordinance No. 851.

Environmental Review:

A Final Environmental Impact Report (FEIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the Old Coach Golf Estate Specific Plan (OCGESP), and was certified on May 15, 1990, and an Addendum to the FEIR was certified on July 19, 2016. The OCGESP 1 of 5
January 18, 2022, Item #11
FEIR and Addendum analyzed the potential impacts of the build out of the OCGESP area in the manner permitted by the OCGESP as amended. A Mitigated Negative Declaration (MND) was approved on January 16, 2007 for TTM06-02, a five-residential-lot subdivision. The MND analyzed the potential impacts of the build out of the Sun road Property. An Addendum for the proposed project has been prepared in accordance with Section 15164 of the CEQA Guidelines. The Addendum includes analyses to demonstrate that environmental impacts associated with the project are consistent with the 1990 FEIR. There are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. No further environmental analysis is required at this time because the project changes substantially conform to the approved project.

Fiscal Impact:

None.

Public Notification:

An ordinance summary notice was published in in the Poway News Chieftain on Thursday,January 13, 2022. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933.

Attachments:

A. Ordinance No. 851
Reviewed/ Approved By:

Wendy Kaserman
Assistant City Manager
2 of 5
Reviewed By:

Alan Fenstermacher
City Attorney
January 18, 2022, Item #11
ORDINANCE NO. 851

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN
AMENDMENT 21-002 TO THE OLD COACH GOLF ESTATES

SPECIFIC PLAN TO TRANSFER DEVELOPMENT RIGHTS OF

FOUR SINGLE-FAMILY RESIDENTIAL LOTS INCLUDED IN
TENTATIVE TRACT MAP (TTM) 06-02 TO A 15.6-ACRE
REMAINDER PARCEL TO BE DEVELOPED WITH SIX SINGLE

FAMILY RESIDENTIAL LOTS, ESTABLISH DEVELOPMENT

STANDARDS FOR A PROPOSED SUBDIVISION AND

PRESERVE OPEN SPACE
WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development Code) of the Poway Municipal Code (PMC) provides the requirements for the initiation, preparation, and adoption of Specific Plans in accordance with Section 65450, et seq. of the California Government Code (Article 8, Specific Plan);
WHEREAS, Specific Plan Amendment (SPA) 21-002 is proposed to redesignate the 15.6- acre remainder parcel in the southern area of the Old Coach Golf Estates Specific Plan (OCGESP) area for six single-family residential units and a new remainder parcel, establishes development standards for the new subdivision, and transfers four of the five single-family residential lots from the former TTM06-02 (Sunroad Property) east of Old Coach Road and approximately one mile north of Espola Road. SPA21-002 includes the preservation of approximately 120 acres of open space, and allowances for sewer pumps; WHEREAS, on December 7, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both in favor and against SPA 21-002; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:

SECTION 1: The above recitations are true and correct.

SECTION 2: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the OCGESP, and was certified on May 15, 1990. A Mitigated Negative Declaration (MND) was approved on January 16, 2007 for the Specific Plan Amendment to amend the OCGESP to add the Sunroad Property into the specific plan's boundary and TTM06-02 was approved that created five residential lots and one open space lot on the Sunroad property. The MND evaluated the environmental effects of adding the 122.5-acre Sunroad Property into the OCGESP and TTM06-02.

Based upon review of the current project, none of the situations described in Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines apply. No changes in circumstances have occurred, and no new information of substantial importance has manifested, which would result in new significant or substantially increased adverse impacts as a result of the proposed project. Specifically, the City has determined the following:
3 of 5
January 18, 2022, Item #11
• There are no substantial changes to the project that would require major revisions to the 1990 FEIR due to new significant environmental impacts or a substantial increase in the severity of impacts identified in the 1990 FEI R.
• Substantial changes have not occurred in the circumstances under which the project is being undertaken that would require major revisions of the 1990 FEIR to disclose new, significant environmental effects or a substantial increase in the severity of the impacts identified in the FEIR.
• There is no new information of substantial importance not known at the time the 1990 FEIR was certified that shows any of the following:

1. The project would have any new significant effects not discussed in the 1990 FEIR.

2. There are impacts that were determined to be significant in the 1990 FEIR that would be substantially increased.

3. There are additional mitigation measures or alternatives to the project that would substantially reduce one or more of the significant effects identified in the 1990 FEIR.

4. There are additional mitigation measures or alternatives that were rejected by the project proponent that are considerably different from those analyzed in the 1990 FEIR that would substantially reduce any significant impact identified in the 1990 FEIR.

An Addendum has been prepared in accordance with Section 15164 of the CEQA Guidelines.

The Addendum includes analyses to demonstrate that environmental impacts associated with the project are consistent with the 1990 FEIR. In accordance with the Addendum to the FEIR prepared by RECON dated August 25, 2021, the provisions in the Specific Plan along with adherence to the City's Grading Ordinance, General Plan policies, and the mitigation measures in the Community Design Element of the Specific Plan were determined to reduce the impacts related to land use and planning considerations to below a level of significance.

SECTION 3: The City Council finds that SPA 21-002 is consistent with the purpose of Chapter 17.47 of the PMC, the General Plan, and development policies of the City.

SECTION 4: The City Council hereby approves and adopts Specific Plan Amendment (SPA) 21-002, an amendment to the OCGESP, included as "Exhibit A" to this Ordinance. Removals are indicated with strikethroughs and additions are indicated with underline.

SECTION 5: The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by Applicant.

SECTION 6: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, 4 of 5
January 18, 2022, Item #11
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 7: This Ordinance shall be codified.

SECTION 8: All references to the Government Code are inclusive of any amendments that may occur following adoption of this Ordinance.

EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.

CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.

INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 7th day of December, 2021, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 18th day of January, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
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January 18, 2022, Item #12
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January 18, 2022, Item #12
January 18, 2022, Item #13
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
January 18, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services/,A
Melody Rocco, City Engineer µJL
(858) 668-4653 or [email protected]

CITY COUNCIL
A Resolution Approving an All-Way Stop Control at the Intersection of Martincoit Road and Stone Canyon Road
On October 13, 2021, the City's Traffic Safety Committee (TSC) supported staff's recommendation for an all-way stop control at the intersection of Martincoit Road and Stone Canyon Road, which was analyzed after receiving a resident request to re-evaluate the intersection. The proposed all-way stop is recommended pursuant to the California Manual on Uniform Traffic Control Devices (MUTCD) based on corner sight distance and the similar operating traffic conditions on Martincoit Road and Stone Canyon Road.

Recommended Action:

It is recommended that the City Council adopt the Resolution (Attachment A) approving an all-way stop control at the intersection of Martincoit Road and Stone Canyon Road.

Discussion:

A request was received, along with a petition, to re-evaluate the Martincoit Road and Stone Canyon Road intersection for an all-way stop control. The petition received was signed by 14 property owners or residents within 500 feet of the intersection. The same request was considered by the TSC and City Council several years ago.

On May 7, 2013 during discussion on the 2013 Traffic and Engineering Survey, the City Council requested that staff investigate the possibility of an all-way stop control at the intersection of Martincoit Road and Stone Canyon Road. This request was in response to a speeding concern expressed by Martincoit Road residents. The existing intersection control is stop controlled for the Stone Canyon Road approach to the three-way orT-intersection with Martincoit Road. Martincoit Road is currently uncontrolled. Attachment B depicts the subject intersection. 1 of 12
January 18, 2022, Item #13
On June 11, 2013 staff collected traffic volumes approaching all three legs of the subject intersection.

The traffic data was used to evaluate the need for an all-way stop control based on volume criteria.

Intersection site distance was also checked using the 85th percentile speed for Martincoit Road from the 2013 Traffic and Engineering Survey. Based on the results, on August 28, 2013 a recommendation was made to the TSC to install an all-way stop control at the T-intersection for Stone Canyon Road and Martincoit Road. The committee unanimously voted to approve the all-way stop.

On December 3, 2013 staff recommended the installation of an all-way stop control at the intersection to the City Council. After comments from the public, both in favor and opposed, and discussion by the Councilmembers, no action was taken, and the item was referred back to the TSC for further consideration. The City Council was concerned that the measured sight distance had been determined based upon speed survey data taken at a different location other than near the intersection. The Council also asked staff to investigate possible traffic calming measures for Martincoit Road.

At the February 26, 2014 TSC meeting, staff presented the findings from a new speed survey. The traffic calming measures investigated on Martincoit Road were also presented. Staff recommended the installation of an all-way stop control at the intersection with appropriate intersection and advanced warning signs. The committee unanimously approved the recommendation for an all-way stop. Staff presented this recommendation to the City Council on April 1, 2014. They did not approve the all-way stop control and requested staff to analyze the site for other traffic calming measures on Martincoit Road.

On September 2, 2014 staff recommended the restriping of the intersection and the installation of additional striping on the approach to the intersection on Martincoit Road. City Council approved these recommendations. The subject intersection has since been restriped. Additional signage and pavement legends, as well as curve warning signs with a flashing beacon have also been installed along Martincoit Road.

In response to the recent request to consider an all-way stop at this intersection, staff re-evaluated the intersection. On September 9, 2021 staff collected new traffic volumes approaching from all three legs of the subject intersection, see Attachment C. The new traffic data was used to re-evaluate the need for an all-way stop control.

New speed data was also collected at five locations close to the subject intersection. The speed data was recorded in each location for a length of time that provided information on at least 100 unimpeded vehicles. The 85th percentile speeds were measured as follows:

Road Direction Location 85th Percentile
Speed
Martincoit Road Northbound 630' south of Stone Canyon Road 39 mph Martincoit Road Southbound 630' south of Stone Canyon Road 38 mph Martincoit Road Northbound 465' north of Stone Canyon Road 47 mph Martincoit Road Southbound 465' north of Stone Canyon Road 42 mph Stone Canyon Road Eastbound 555' west of Martincoit Road 38 mph Stone Canyon Road Westbound 555' west of Martincoit Road 39 mph Attachment D shows the locations where the speed data was collected and the results of the survey. 2 of 12
January 18, 2022, Item #13
Section
2B.07
"Multi-Way
Stop
Applications"
of
the
California
MUTCD
is
used
as
the
guideline
to
evaluate
intersections
for
all-way
stop
controls.

The
noted
MUTCD
guidelines
identify
two
groups
of
conditions
where
an
all-way
stop
control
can
be
installed:

Should
Conditions
Conditions
when
all-way
stop
controls
"Should"
be
used
involve
minimum
traffic
volumes,
number
of
accidents,
and
locations
where
traffic
signals
are
justified.

May
Conditions
Conditions
when
all-way
stop
controls
"May"
be
used
involve
a
need
to
control
left-turn
conflicts
and/or
vehicular
and
pedestrian
conflicts,
lack
of
sight
distance,
and
local
collector
intersections
with
similar
design
and
operating
characteristics.

The
subject
intersection
of
Martincoit
Road
and
Stone
Canyon
Road
does
not
meet
any
of
the
criteria
under
the
"Should"
conditions
due
to
its
low
traffic
volumes
and
number
of
accidents
per
year.

Under
the
"May'' conditions,
Martincoit
Road
and
Stone
Canyon
Road
have
the
same
classification
per
the
City's
Transportation
Master
Element,
Local
Collector,
with
approximately
equal
traffic
volumes,
around
2,500
average
daily
trips.

They
also
have
similar
prevailing
(85th
percentile)
speeds
of
approximately
40 mph
and
both
have
the
same
posted
speed
limit
of
35 mph.

These
similarities
in
roadway
characteristics
and
operating
parameters
between
Martincoit
Road
and
Stone
Canyon
Road,
qualify
the
subject
intersection
for
an
all-way
stop
control
pursuant
to
Section
2B.07
of
the
MUTCD.

Additionally,
sight
distance
was
re-evaluated.

The
existing
corner
sight
distance
for
Stone
Canyon
Road
drivers
turning
left
(north)
onto
Martincoit
Road
is
over
500
feet
to
the
north.

According
to
the
recent
speed
survey,
the
southbound
85th
percentile
speed,
taken
at
approximately
465
feet
north
of
the
intersection
(the
measurement
closest
to
the
intersection),
was
42 mph.

Assuming
this
speed
on
the
uncontrolled
approach,
the
California
Highway
Design
Manual
calls
for
a
recommended
corner
sight
distance
of
463
feet
and
a
minimum
corner
sight
distance
of
324
feet.

Since
the
sight
distance
to
the
north
is
over
500
feet,
this
standard
is
met.

The
existing
corner
sight
distance
to
the
south,
for
Stone
Canyon
Road
drivers
turning
left
(north)
onto
Martincoit
Road,
is
approximately
220
feet.

The
northbound
85th
percentile
speed,
taken
at
approximately
630
feet
south
of
the
intersection,
was
39 mph.

Assuming
this
speed
on
the
uncontrolled
approach,
the
California
Highway
Design
Manual
calls
for
a
recommended
corner
sight
distance
of
429
feet
and
a
minimum
corner
sight
distance
of
290
feet.

The
existing
corner
sight
distance
of
220
feet
to
the
south
does
not
meet
either
of
the
two
corner
sight
distances
(recommended
or
minimum)
called
for
in
the
California
Highway
Design
Manual,
using
the
measured
85th
percentile
speed.

Corner
sight
distance
may
also
be
calculated
using
design
speed.

Using
the
posted
speed
limit
of
35 mph,
the
recommended
corner
sight
distance
would
be
386
feet,
and
the
minimum
corner
sight
distance
would
be
250
feet.

The
existing
corner
sight
distance
of
220
feet
to
the
south
is
also
not
met
using
the
design
speed.

Pursuant
to
condition
C,
Paragraph
5 of
Section
2B.07
of
the
MUTCD,
the
intersection
of
Martincoit
Road
and
Stone
Canyon
Road
qualifies
for
an
all-way
stop
control
based
on
the
corner
sight
distance
conditions. At
its
meeting
on
October
13,
2021,
the
TSC
voted
unanimously
to
support
staff's
recommendation
to
install
an
all-way
stop
control
at
the
intersection
of
Martincoit
Road
and
Stone
Canyon
Road,
with
appropriate
markings
and
advance
warning
signs.
3 of
12 January 18, 2022, Item #13
Prior
to
the
TSC
meeting
staff
received
ten
emails
which
were
split
in
favor
and
against
the
installation
of
the
all-way
stop
control.

At
the
TSC
meeting,
residents
in
attendance
were
given
an
opportunity
to
voice
their
opinions
and
concerns.

Of
the
twelve
residents
who
chose
to
speak,
seven
were
in
favor
of
the
stop
sign
and
five
were
against
it.

Of
the
seven
supporting
the
installation,
several
were
in
favor
of
adding
more
than
just
stop
signs.

Environmental
Review:

This
item
is
exempt
from
the
requirements
of
the
California
Environmental
Quality
Act
(CEQA),
pursuant
to
Section
15301
of
the
CEQA
Guidelines
as
it
includes
installation
of
an
all-way
stop
control
on
existing
City
streets
and
there
is
no
expansion
of
existing
use.

Fiscal
Impact:

There
are
sufficient
funds
available
in
the
Street
Striping
Account
(411040-43300)
to
install
new
stop
legends
and
limit
lines
estimated
at
$1,000,
and
in
the
Sign
Maintenance
Materials
Account (411040-
45300)
to
install
new
stop
signs
at
under
$500.

Public
Notification:

Notices
were
mailed
to
residents
living
within
a
500-foot
radius
from
the
intersection,
2,000
feet
from
the
intersection
along
Martincoit
Road
and
Stone
Canyon
Road,
and
all
the
residents
who
attended
the
Traffic
Safety
Committee
meeting
regarding
this
matter.

Notification
signs
were
also
posted
at
the
intersection.

Attachments: A.

Resolution
B.

Location
Map
C.

Traffic
Counts
D.

Speed
Survey
Reviewed/
Approved
By:

Wendy
Kaserman
Assistant
City
Manager
4 of
12 Reviewed
By:

Alan
Fenstermacher
City
Attorney
City
Manager
January 18, 2022, Item #13

RESOLUTION
NO.
22-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

ESTABLISHING
AN

ALL-WAY
STOP

CONTROL
AT
THE

INTERSECTION
OF

MARTINCOIT
ROAD
AND
STONE
CANYON
ROAD

WHEREAS,
Section
21100
of
the
California
Vehicle
Code
permits
local
authorities
to
adopt
by
resolution
traffic
control
measures
meeting
the
requirements
set
forth
under
Section
21351
of
the
California
Vehicle
Code;

WHEREAS,
Section21351
of
the
California
Vehicle
Code
permits
local
authorities
to
place
and
maintain
such
traffic
signs
upon
streets
and
highways
as
may
be
necessary
to
properly
indicate
and
carry
out
the
provisions
of
the
local
ordinances
and
to
warn
or
guide
traffic;

WHEREAS,
Section
21354
of
the
California
Vehicle
Code
permits
local
authorities
to
designate
any
intersection
under
its
exclusive
jurisdiction
as
a
stop
intersection
and
erect
stop
signs
at
one
or
more
entrances
thereto;

WHEREAS,
Section

10.24.020
of
the
City's
Municipal
Code
permits
installation
of
stop
signs
where
the
City
Council
has
determined
that
there
is
a
special
hazard
to
life
and
property
by
reason
of
lack
of
visibility
to
the
drivers
of
vehicles
approaching
such
intersection;

WHEREAS,
Resolution
No.
05-086,
adopted
by
the
City
Council
on
October
4,
2005,
sets
the
guidelines
to
determine
a
special
hazard
to
life
and
property
condition
in
accordance
with
Sections
28 .05
"STOP
Sign
Applications"
and

28.07 "Multiway
Stop
Applications"
of
the
California
Manual
on
Uniform
Traffic
Control
Devices
(MUTCD);

WHEREAS,
the
City
Council
has
determined
that
the
intersection
of
Martincoit
Road
and
Stone
Canyon
Road
qualifies
for
an
all-way
stop
control
due
to
lack
of
adequate
sight
distance
and
the
need
to
control
vehicle
conflicts
in
accordance
with
the
guidelines
set
forth
in
Section

28.07 of
the
California
MUTCD;
and

WHEREAS,
the
City
Council
has
determined
that
an
all-way
stop
control
and
appropriate
markings
should
be
established
at
the
intersection
of
Martincoit
Road
and
Stone
Canyon
Road.

NOW,

THEREFORE,
BE
IT

RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:

SECTION
1:

In
accordance
with
said
Section
21351
of
the
California
Vehicle
Code,
an
all-way
stop
control
with
appropriate
markings
and
advance
warning
signs
shall
be
installed
at
the
intersection
of
Martincoit
Road
and
Stone
Canyon
Road.
5 of
12 ATTACHMENT
A
January 18, 2022, Item #13
Resolution
No.
22-
Page
2 PASSED,

ADOPTED
AND

APPROVED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
18th
day
of
January, 2022
by
the
following
vote,
to
wit:

AYES: NOES: ABSENT
:

DISQUALIFIED:

Steve
Vaus,
Mayor
ATTEST
:

Carrie
Gallagher,
CMC,
City
Clerk
6 of
12 January 18, 2022, Item #13
-.J
0 ......
....II.

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)>
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)>
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s: m
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a,
Kimley>>> Horn MARTINCOIT ROAD AT STONE CANYON ROAD
[,cy~ • M (l( \ . . r _;c. _)l' -·\,Jll Cl- full.I ,
January 18, 2022, Item #13
Prepared by National Data & Surveying Services
Martincoit Rd & Stone Canyon Rd
Peak Hour Turning Movement Count
ID: 21-040155-001
City: Poway
Martincoit Rd Day: Thursday
Date: 9/9/2021
08:00 AM -09:00 AM AM 100 27 0 0 158 AM 7:00 AM -09:00 AM 0 0
C
z -t
12:45 PM -01 :45 PM NOON 85 35 0 0 119 NOON 11 :00 AM -02:00 PM "'O m :;o
03:00 PM -04:00 PM PM 66 26 0 116 PM 2:00 PM -06:00 PM 0 CJ en

AM NOON PM
134 113 93 ¢:i
0 0 .!) 0
---+------+---
116 83 80 j 0
0 0 0 ➔ 1
15 28 32 ,. 0

AM NOON PM
Totals (AM)
_J3 ~ .'.; L
116,t ~ t.O
0-+ ~+-0
15"\. I' 0

7., t ,.,
8 of 12
W~O
W N
PM
NOON
AM
0 1
58 63
42 if PM NOON AM
0 0
0 0
267
PM

0.95 1 0
0 t. 0 0
0 0
0 0
0 0
c::;> 0 0
0 0
0 0
0 en 0 ::,
(?)
0 C,)
::,
'< 0 ::,
:;o

0. PM NOON AM
0 27 35 0 PM
0 28 36 0 NOON
0 33 42 0 AM
Totals (AM)
_J3 ~ .:;L
116,t ~ t.0
0-+ ~ +-0
15"\, I' 0
7Hb1
Totals (NOON)
_J~ ~ .:;L

83.t ~ t.0
0-+ ~ +-0
7 28"\,., t ,.,,o
NWO
00 O'I
Totals (PM)

ATTACHMENT C
January 18, 2022, Item #13
9 of 12 ATTACHMENT D
January 18, 2022, Item #13
Prepared by National Data & Surveying Serv ices
SPEED
Martincoit Rd N/0 Stone Canyon Rd
Day: Thursday City: Poway
...a. Date: 9/9/2021 Project#: CA21_040156_001s
0 0
South Bound -ti
...a.

N
;;;;;;
00:00 AM 0 0 0 0 1 0 1 0 0 0 0 0 0 2
01:00 0 0 0 0 1 0 0 0 0 0 0 0 0 1
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0
03:00 0 0 0 0 1 0 0 0 1 0 0 0 0 2
04:00 1 0 0 0 0 1 1 0 0 0 0 0 0 3
05:00 0 0 0 1 1 2 0 0 0 0 0 0 0 4
06:00 0 0 0 6 11 7 3 0 0 0 0 0 0 27
07:00 0 1 3 5 23 33 15 1 0 0 0 0 0 81
08:00 1 0 2 19 45 39 12 4 0 0 0 0 0 122
09:00 0 0 5 9 16 23 7 2 0 0 0 0 0 62
10:00 1 2 2 10 15 17 6 1 1 0 0 0 0 55
11:00 1 1 1 6 11 14 13 3 3 0 0 0 0 53
12:00 PM 0 0 3 9 25 12 8 3 1 0 0 0 0 61
13:00 0 3 3 26 41 27 16 2 0 1 0 0 0 119
14:00 0 2 2 8 22 24 17 6 1 0 0 0 0 82
15:00 0 1 4 15 23 38 9 5 0 1 0 0 0 96
16:00 1 0 3 3 19 32 13 6 1 0 0 0 0 78
17:00 0 3 1 9 18 22 16 5 0 1 0 0 0 75
18:00 0 2 3 5 12 9 14 1 1 0 0 0 0 47
19:00 1 2 0 4 7 8 6 2 0 1 0 0 0 31
20:00 0 0 1 1 8 5 5 2 1 2 0 0 0 25
21:00 0 0 0 0 5 5 1 0 1 0 0 0 0 12
22:00 0 0 1 2 2 0 0 1 1 0 0 0 0 7
23:00 0 0 0 0 2 1 0 0 0 0 0 0 0 3
' : ,. m •~t:,
%I 2%1 3%1 13%1 29%1 30%1 16%1 4%1 1%1 1%1 I I I 100%
AM Volumes 4 4 13 56 125 136 58 11 5 0 0 0 0 412
%AM 0% 0% 1% 5% 12% 13% 6% 1% 0% 39%
AM Peak Hour 04:00 10:00 09 :00 08 :00 08:00 08:00 07:00 08:00 11:00 08:00 Volume 1 2 5 19 45 39 15 4 3 122
PM Volumes 2 13 21 82 184 183 105 33 7 6 0 0 0 636
%PM 0% 1% 2% 8% 18% 17% 10% 3% 1% 1% 61%
PM Peak Hour 16:00 13:00 15:00 13:00 13:00 15:00 14:00 14:00 12:00 20:00 13:00 Volume 1 3 4 26 41 38 17 6 1 2 119
Directional Peak Periods AM7-9 NOON 12-2 PM 4-6 Off Peak Volumes All Speeds Volume % Volume % Volume % Volume %
203 +---+ 19% 180 +-----+ 17% 153 +-----+ 15% 512 +-----+ 49% January 18, 2022, Item #13
Prepared by National Data & Surveying Services
SPEED
Martincoit Rd S/0 Stone Canyon Rd
Day: Thursday City: Poway
-
Date: 9/9/2021 Project#: CA21_040156_002n
-0 North Bound -ti
-N
Will
00:00 AM 0 0 0 0 1 0 0 0 0 0 0 0 0 1
01:00 0 0 0 0 0 1 0 0 0 0 0 0 0 1
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0
04:00 0 1 0 0 0 0 0 0 0 0 0 0 0 1
05:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0
06:00 0 0 4 1 6 2 1 1 0 0 0 0 0 15
07:00 0 1 1 3 28 28 4 2 0 0 0 0 0 67
08:00 0 1 6 12 33 14 7 1 0 0 0 0 0 74
09:00 0 0 6 2 25 19 4 0 0 0 0 0 0 56
10:00 0 0 1 5 15 9 4 0 0 0 0 0 0 34
11:00 2 0 3 5 19 22 7 2 0 0 0 0 0 60
12:00 PM 0 1 2 10 22 18 6 1 0 0 0 0 0 60
13:00 0 1 2 10 23 13 3 0 0 0 0 0 0 52
14:00 3 3 4 9 18 14 3 1 0 0 0 0 0 55
15:00 2 1 3 7 18 15 9 1 0 0 0 0 0 56
16:00 0 1 4 8 16 17 6 1 0 0 0 0 0 53
17:00 0 0 5 13 12 11 4 2 0 0 0 0 0 47
18:00 0 1 4 5 14 11 2 1 0 0 0 0 0 38
19:00 0 1 2 3 8 9 2 0 0 0 0 0 0 25
20:00 0 0 0 1 4 3 2 0 0 0 0 0 0 10
21:00 0 0 1 0 3 2 0 0 0 0 0 0 0 6
22:00 0 0 0 0 1 1 0 0 0 0 0 0 0 2
23:00 0 0 0 0 1 0 0 0 0 0 0 0 0 1
.... ,; .. , . •'
% of Totatsl 1%1 2%1 7%1 13%1 37%1 29%1 9%1 2%1 I I I I I 100% AM Volumes 2 3 21 28 127 95 27 6 0 0 0 0 0 309
%AM 0% 0% 3% 4% 18% 13% 4% 1% 43%
AM Peak Hour 11:00 04:00 08:00 08:00 08:00 07 :00 08:00 07:00 08:00 Volume 2 1 6 12 33 28 7 2 74
PM Volumes 5 9 27 66 140 114 37 7 0 0 0 0 0 405
%PM 1% 1% 4% 9% 20% 16% 5% 1% 57%
PM Peak Hour 14:00 14:00 17:00 17:00 13:00 12:00 15:00 17:00 12:00 Volume 3 3 5 13 23 18 9 2 60
Directional Peak Periods AM 7-9 NOON 12-2 PM4-6 Off Peak Volumes All Speeds Volume % Volume % Volume % Volume %
141 +-----+ 20% 112 +-----+ 16% 100 +-----+ 14% 361 +-----+ 51% January 18, 2022, Item #13
Prepared by National Data & Surveying Serv ices
SPEED
Stone Canyon Rd W/0 Martincoit Rd
Day: Thursday City: Poway
....llo Date: 9/9/2021 Project#: CA21_040156_003w
N
0 West Bound -ti
....llo
N
:::::a
00:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0
01:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0
04:00 0 0 0 0 1 3 0 0 0 0 0 0 0 4
05:00 0 0 0 1 8 3 1 0 0 0 0 0 0 13
06:00 0 0 0 2 10 12 1 0 0 0 0 0 0 25
07:00 0 0 2 12 46 33 1 0 0 0 0 0 0 94
08:00 0 1 4 10 59 42 14 2 0 0 0 0 0 132
09:00 0 0 4 10 33 25 6 0 0 0 0 0 0 78
10:00 0 0 2 4 25 18 2 1 0 0 0 0 0 52
11:00 0 0 2 8 25 24 11 2 0 0 0 0 0 72
12:00 PM 0 2 2 9 25 20 4 0 0 0 0 0 0 62
13:00 0 1 4 12 61 26 3 0 2 0 0 0 0 109
14:00 0 1 1 10 33 28 8 1 0 0 0 0 0 82
15:00 0 0 5 8 44 23 10 2 1 0 0 0 0 93
16:00 0 2 3 10 32 26 5 1 1 0 0 0 0 80
17:00 0 1 2 11 33 31 4 2 0 0 0 0 0 84
18:00 0 0 1 2 21 15 4 0 0 0 0 0 0 43
19:00 0 0 0 2 14 10 2 0 0 0 0 0 0 28
20:00 0 0 0 1 8 4 0 0 0 0 0 0 0 13
21:00 0 0 0 1 3 2 1 0 0 0 0 0 0 7
22:00 0 0 0 0 1 1 0 0 0 0 0 0 0 2
23:00 0 0 0 0 1 1 0 0 0 0 0 0 0 2
a: .,: .,~
%1 3%1 11%1 45%1 32%1 7%1 1%1 0%1 I I I I 100%
AM Volumes 0 1 14 47 207 160 36 5 0 0 0 0 0 470
%AM 0% 1% 4% 19% 15% 3% 0% 44%
AM Peak Hour 08:00 08:00 07:00 08 :00 08 :00 08:00 08:00 08:00 Volume 1 4 12 59 42 14 2 132
PM Volumes 0 7 18 66 276 187 41 6 4 0 0 0 0 605
%PM 1% 2% 6% 26% 17% 4% 1% 0% 56%
PM Peak Hour 12:00 15:00 13:00 13:00 17:00 15:00 15:00 13:00 13:00 Volume 2 5 12 61 31 10 2 2 109
Directional Peak Periods AM7-9 NOON 12-2 PM 4-6 Off Peak Volumes All Speeds Volume % Volume % Volume % Volume %
226 +------+ 21% 171 ~ 16% 164 ~ 15% 514 ~ 48%
January 18, 2022, Item #14
'/ · } AGENDA REPORT City of Poway
.. --·-__ .. --
. . ·---.
,,,,.,. ( --~--·--c-""
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

January 18, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services~
Melody Rocco, City Engineer jlf-
(858) 668-4653 or [email protected]

CITY COUNCIL
A Resolution Removing No Parking on the West Side of Old Pomerado Road in Front of Bette Bendixon Park
On October 13, 2021, the City's Traffic Safety Committee (TSC) supported staff's recommendation to remove approximately 70 feet of a "No Standing or Parking" zone in front of Bette Bendixen Park on Old Pomerado Road, which was analyzed after receiving a resident request to allow parking in this area. The proposed changes are recommended based upon a field evaluation and coordination with the Sheriff's Department Poway Command.

Recommended Action:

It is recommended that the City Council adopt the Resolution (Attachment A), removing approximately 70 feet of a "No Standing or Parking" zone in front of Bette Bendixen Park on Old Pomerado Road.

Discussion:

A request was received for staff to evaluate allowing parking along the west side of Old Pomerado Road in front of Bette Bendixon Park which is currently established as a "No Standing or Parking" zone.

The area has signs stating "No Parking or Stopping Anytime". The resident indicated that there is insufficient parking in the area and the road appeared to be wide enough to allow parking.

Staff conducted research into the establishment of the "No Standing or Parking" zone and found it was established by the City Council by Resolution No. 86-013 on February 11, 1986. The original request for parking restrictions was received from the Poway Sheriff's Department. A "No Standing or Parking" zone was established along the west side of Old Pomerado Road (formerly Pomerado Road) from 375 feet south of the centerline of Paseo Colina to Beeler Creek Bridge, approximately 1,025 feet south. Staff also conducted a field evaluation and found a majority of the road is paved roadway without curb and gutter and insufficient room for on-street parking. However, approximately 70 feet at the northern most section of the established zone has curb and gutter on the west side, directly in front of Bette Bendixen Park, and there is 20 feet of paved area from the 1 of 5
January 18, 2022, Item #14
centerline to the curb. The current 20 foot lane width (including curb and gutter) is sufficient to provide more than the minimum required 10 foot travel lane and seven foot width for parking.

Attachment B shows the area adjacent to the park where parking is not currently allowed.

Staff reached out to the Sheriff's Department Poway Command to review the requested modification since the "No Standing or Parking" Zone was originally established at their request. They believe the request was made when this section of Old Pomerado Road was the main thoroughfare, before the current Pomerado Road was constructed. Traffic was likely much higher at the time. They indicated that removal of the No Parking Zone on the west side of the road in front of Bette Bendixon Park, where the curb and gutter exist, would be an acceptable location to allow parking.

Staff presented this item at the October 13, 2021 Traffic Safety Committee (TSC) meeting. It was staff's suggestion that the parking restriction be removed. The request to add the parking was not specifically for access to Bette Bendixon Park and since parking is currently restricted in front of the park, long duration parking by residents will not change the condition regarding access to the park. The TSC voted unanimously to support staff's recommendation to approve the recommended parking modification. Based upon the support by the TSC, staff recommends approving the Resolution to remove 70 feet of "No Standing or Parking" zone on the west side of Old Pomerado Road, in front of Bette Bendixon Park. Attachment C shows the necessary signage modifications should the City Council approve staff's recommendation.

Environmental Review:

This item is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines. The item involves the removal of a no parking zone on a public street, and there is no possibility that this will have a significant effect on the environment.

Fiscal Impact:

Sufficient funds are available in the Sign Maintenance Materials Account (411040-45300) for the proposed signage costs which are estimated below $500.

Public Notification:

A Notice of City Council Meeting has been sent to residents who attended the TSC meeting on October 13, 2021, those who have expressed interest through correspondence on the subject, and those within 500 feet of the proposed parking changes.

Attachments:

A. Resolution
B. Existing Condition Exhibit
C. Proposed Parking Modification Exhibit
Reviewed/ Approved By:

Wendy Kaserman
Assistant City Manager
2 of 5
Reviewed By:

Alan Fenstermacher
City Attorney
e
City Manager
January 18, 2022, Item #14

RESOLUTION
NO.
22-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

REMOVING
NO

PARKING
ON
THE
WEST
SIDE
OF
OLD

POMERADO
ROAD
IN
FRONT
OF
BETTE

BENDIXON
PARK

WHEREAS,
on
February
11,
1986,
the
City
Council
approved
Resolution
No.
86-013
establishing
a
"No
Standing
or
Parking"
zone
on
Old
Pomerado
Road;
and

WHEREAS,
the
City
Council
has
determined
that
it is
appropriate
to
reduce
the
limits
of
No
Parking
established
by
Resolution
No.
86-013.

NOW,

THEREFORE,
BE
IT

RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:

SECTION
1:

The
proposed
modifications
to
the
"No
Standing
or
Parking"
zone
on
an
existing
City
street
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA)
as
a Class
1 Categorical
Exemption,
pursuant
to
Section
15301
(c)
of
the
CEQA
Guidelines,
in
that
the
project
involves
maintenance
of
existing
streets
with
no
expansion
of
use.

SECTION
2:

In
accordance
with
said
Section
21351
of
the
California
Vehicle
Code
and

10.28.080
of
the
Poway
Municipal
Code,
70 feet
of
"No
Standing
or
Parking"
zone
on
the
west
side
of
Old
Pomerado
Road
in
front
of
Bette
Bendixen
Park
is
hereby
removed.

PASSED,

ADOPTED
AND

APPROVED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
18th
day
of
January,
2022
by
the
following
vote,
to
wit:

AYES: NOES: ABSENT: DISQUALIFIED:

Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
3 of
5 ATTACHMENT
A
January 18, 2022, Item #14
Print
Date:
9/8/2021

EXISTING

CONDITION
Map
Scale:
1:564
Disc
la
iner41.0fn5!,arcel
data
are
be
ieved
to
be
accurate
. but
accuracy
is
not
guaran.AJ.'l'Ji\Ctci~u!lnt
and
shoukl
not
be
subst
tuted
for
a
title
search,
appraisal,
survey
, or
for
zoning
verifi:ation
.

January 18, 2022, Item #14
Print Date:
9/8/2021

PROPOSED PARKING MODIFICATIONS
Map Scale:
1:282
Discla i'ner5.1Qfniparcel data are beieved to be accurate. but accuracy is not guaranArl4Ctclw.NluCnt and shoukl not be substtuted for a title search, appraisal, survey, or for zoning verifi::ation.

January 18, 2022, Item #15
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
January 18, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services {)I\
David De Vries, City Planner \)~\)
(858) 668-4604 or [email protected]
Final Needs Assessment for Community Park

CITY COUNCIL
This action is a review of the Final Needs Assessment for Community Park (Assessment) prepared by PROS Consulting. PROS Consulting was contracted by the City to prepare a usage and needs assessment of Community Park. At the meeting, the consultant will provide a brief overview of the Final Needs Assessment and priorities for Community Park for consideration.

Recommended Action:

It is recommended that the City Council adopt the Final Needs Assessment for Community Park (Attachment A).

Discussion:

Following a City Council initiated item introduced by Councilmember Leonard and Councilmember Grosch, the City Council directed the preparation of this Assessment in December 2019 to complement the recent renovation of the Swim Center and the new Mickey Cafagna Community Center. The City Council also acknowledged that, with the adoption of the Poway Road Specific Plan in 2017 and recently entitled housing projects, there would be many new families in the area using the park. The Assessment was prepared based on a robust outreach program and research analysis.

Outreach included discussions with City staff, the City Council, and community stakeholders including the Parks and Recreation Advisory Committee (PRAC), representatives from the Poway Valley Senior Citizens Corporation, Poway Sports Association (PSA), and contract instructors. This outreach program, the research analysis, and resulting considerations are discussed further in the Assessment.

At the November 16, 2021 City Council meeting, the City Council supported the Draft Needs Assessment Executive Summary and noted that adding bike access, increasing park visibility and creek renovations should also be prioritized. The City Council then directed the consultant to prepare the Assessment for adoption. PROS Consulting will present an overview of the Assessment and priorities for consideration at the City Council meeting (presentation available online at PlanCommunityPark.com). If adopted by the City Council, the assessment will be used to prioritize future improvements to Community Park as a part of future capital improvement program (CIP) 1 of 60
January 18, 2022, Item #15
project programming. The results of this Assessment will be used to prioritize projects and develop a long-term concept plan for implementing improvements. This concept plan would be used to match up prioritized projects with available funding each year with the CIP budget process.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA) Guidelines.

Fiscal Impact:

None.

Public Notification:

A Notice of this meeting was posted on the designated webpage (PlanCommunityPark.com).

Notification was provided to news and social media outlets, all website registrants, and noted stakeholders.

Attachments:

A. Final Needs Assessment for Community Park
Reviewed/ Approved By:

Wendy Kaserman
Assistant City Manager
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Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
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City Manager
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COMMUNITY PARK

NEEDS ASSESSMENT
DRAFT
DECEMBER 2021
PLANCOMMUNITYPARK.COM
January 18, 2022, Item #15
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COMMUNITY PARK NEEDS ASSESSMENT

ACKNOWLEDGEMENTS
City of Poway
Chris Hazeltine, City Manager
Wendy Kaserman, Assistant City Manager
Audrey Denham, Community Services Director
Bob Manis, Development Services Director
Will Wiley, Assistant Director of Public Works, Maintenance and Operations David De Vries, City Planner
Carrie Sanchez, Recreation Area Manager
Rene Carmichael, Community Outreach Coordinator
Bob Hahn, Parks and Trails Manager
PROS Consulting. INC.

Neelay Bhatt, Vice President and Principal Consultant
Jason Elissalde, Senior Project Manager
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TABLE OF CONTENTS
CHAPTER ONE --EXECUTIVE SUMMARY ........................................................................... 1

1.1 INTRODUCTION .................................................................................................. 1

1.2 PROJECT PROCESS .............................................................................................. 1

1.3 KEY FINDINGS .................................................................................................... 2

1.4 RECOMMENDATIONS ............................................................................................ 3

1.5 CONCLUSION ..................................................................................................... 4 CHAPTER TWO -PUBLIC OUTREACH AND ENGAGEMENT ....................................................... 5

2.1 KEY STAKEHOLDER AND USER GROUPS SUMMARY .......................................................... 6

2.2 PUBLIC INPUT MEETINGS ...................................................................................... 11

2.3 ELECTRONIC SURVEY .......................................................................................... 13

2.4 WEBSITE ANALYTICS ........................................................................................... 32 CHAPTER THREE -RECREATION TRENDS AND BENCHMARKING ............................................. 33

3.1 RECREATION TRENDS .......................................................................................... 33 CHAPTER FOUR -STRATEGIC RECOMMENDATIONS ............................................................ 38

4. 1 RECOMMENDATIONS ........................................................................................... 38 CHAPTER FIVE -CONCLUSION ••••.••••••••••••••.•.•.•••..•..•••••••..•.•••••••••••••••••.••••.••••..•.•.....••.•. 39 APPENDIX A -NON-PARTICIPANT INTEREST BY AGE SEGMENT .............................................. 41 APPENDIX B -NATIONAL AND REGIONAL PROGRAMMING TRENDS .......................................... 42 APPENDIX C -CORE VS. CASUAL PARTICIPATION TRENDS ................................................... 45 APPENDIX D -PUBLIC INPUT MEETING POLL RES UL TS .•••••.••.••.••••••••.•••..••.•.••...••••..•••.•.....•.. 51 APPENDIX E -PUBLIC INPUT MEETING CHAT COMMENTS ••••.•.•.•.••..••••..••..•••..•••.•.••.•••••.•..•..•. 55 5 of 60 ii
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CHAPTER ONE --EXECUTIVE SUMMARY

1.1 INTRODUCTION
The City of Poway selected PROS Consulting to assist in developing a Needs Assessment for Community Park ("Assessment"). The purpose of the Assessment is to serve as a usable "blueprint" to the City staff, Parks & Recreation Advisory Committee, and the City Council in planning for the needs of Community Park for the growing population using it.

This document is intended to be an identification of community needs based on:
• Recreation Trends
• Key Leader, Stakeholder, and User Group Input
• Virtual Public Meetings and Community Survey
• Benchmarking Data
• Staff Visioning Process
The next step in this process is recommended to be a Site Master Plan to help design and identify the best placement and location of the approved needs identified through this assessment.

1.2 PROJECT PROCESS
The Assessment followed a process of data collection, public input, on-the-ground study, assessment of existing conditions, market research, and open dialogue with local leadership and key stakeholders. The project process followed a planning path, as illustrated below:

Where Are We
TODAY? ....................
• Site Tour
• Benchmark Analysis
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Where Are We Going
TOMORROW? .............................
• Community Engagement
• Demographic and Trends
• Level of Service Standards
• Online Survey
1 How Do We Get
THERE? . ..................... .
• Needs Prioritization
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1.3 KEY FINDINGS

1.3.1 RECREATION TRENDS
These were developed for Poway using data from Environmental Services Research Institute (ESRI) using participation data based on Market Potential Index (MPI) measures (the probable demand for a product or service within a defined service area).

It shows the Fitness MPI
likelihood that an
adult resident will
-Poway -National Average
160 147
participate in 140
certain activities 120
when compared to J 100
the U.S. National 80
average which is ~ 60
denoted as 100. 40
Thus, numbers 20
below 100 0
Yoga Jogging/ Pilates Swimming Weight Walking for Aerobics Zumba represent lower Running Lifting Exercise
than average participation rates (lower demand) and numbers above 100 represent above average participation rates (higher demand). MPls were developed for General Sports, Fitness, and Outdoor Activity. As seen below, a variety of fitness activities including jogging, running, and walking for exercise are all very high priorities compared to the national average.

1.3.2 COMMUNITY INPUT
This included a variety of key leader
(City Council, Committee members,
staff etc.), stakeholder, and user
groups (partial list shown) who shared
Stakeholders and User Groups
their input on strengths,
opportunities, and their top
priorities/vision for Community Park.

Two virtual public meetings were also
conducted in June 2021 and had over
30 attendees participated in them.

City of Poway
Poway City Council
Poway Valley Senior Citizen Corporation
Board of Directors
Valley Elementary
June 9, 2021
Parks and Recreation Advisory
Committee
Trail Advisory Board
SD Skate Life
Poway Sports Association
In additional, the Consulting team, in conjunction with City staff, administered an online survey via Survey
Virtual Public Meeting #2 ·-COMPLETED
Monkey and the project website
www.plancommunityparks.com. The survey was
launched in English and Spanish and City staff help
market and promote the survey to the broader
community.

The survey was live from August 2 -September 4, 2021
and had a total of 1, 171 responses which is an
exceptionally high response rate.
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1.4 RECOMMENDATIONS
Based on an iterative visioning process with staff combined with the community input, benchmarking, and analysis of recreational trends, the Consulting Team identified the following considerations and top priorities.
1-4-1 CONSIDERATIONS: UPDATE EXISTING AMENITIES
The following considerations are tied to updating already existing facilities and/or amenities:

1. Add additional trees and/or shade structures to areas including, but not necessarily limited to:
• Tot lots
• The Splash Pad
• Grass areas
• Baseball field areas
• Parking lots

2. Improve Signage (Directional/Wayfinding and Informational):
• Entrance (e.g., archway, on entry fences/walls)
• Amenities
• Facilities and Rooms
• Trail Information and Mile Markers
• Parking

3. Connect Pedestrian loops (e.g., bridges, circle paths) and bicycle paths and enhance ADA accessibility

4. Upgrade/add play structures for all-abilities playgrounds

5. Increase park visibility and safety lighting in and around the park (e.g., reduce fencing, relocate operational yards)

1.4.2 CONSIDERATJONS: NEW AMENITIES
The following considerations are for potential new amenities that could be added to Community Park:

1. Add outdoor adventure elements

2. Add dedicated pickleball courts

3. Add restroom by northerly play area

4. Introduce interpretive learning and art opportunities and creek renovation to activate the creek

5. Provide fitness equipment / exercise stations along the trail

1.4.3 CONSIDERATIONS: OPERATIONS
These considerations are going to be tied to the operations or processes of the City.

1. Invest in additional marketing to create greater awareness of park offerings

2. Focus on maintenance Improvements
• Enhance existing landscape
• Relocate maintenance yard
• Add dedicated staff / contract support

3. Ensure consistency in branding and aesthetics

4. Determine consistent hours of operations
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5. Utilize technology to enhance the user experience
• Wi-Fi in park
• App for accessible maps / parking counts / workout trackers etc.

1.4-4 TOP PRIORITIES

1. Shade (shade structures/sails and trees) -Create more shaded areas around the park and trails as well as around amenities where people congregate.

2. Accessible Trails and Connectivity -Connect pedestrian loops and make the trails more universally accessible. Provide bike access through the park with adequate bicycle parking.

3. Signage and Park Visibility -Enhance visibility (e.g., reduce tennis court fencing, relocate operational yard) and signage into and throughout the park, for awareness, directional, and educational purposes.

4. Park Amenities and All-Abilities Playground -Improve play areas to include all-abilities playgrounds and introduce pickleball and adventure amenities such as zip-lines, obstacle courses etc. to expand the park's usability.

5. Additional Resources for Awareness and Maintenance (Staff and/or Contract Support) -Invest additional resources to keep up with the park maintenance as additional amenities are added; also grow marketing and communication efforts to create greater awareness about the offerings particularly at the community recreation center (e.g., website App).

1.5 CONCLUSION
This Assessment is meant to be a needs assessment as the City continues to plan its future to meet the needs of its growing and very engaged population. As the area grows, Community Park will require a higher level of service for indoor and outdoor offerings while creating enjoyable, safe spaces for community members of all ages, abilities, and backgrounds to recreate comfortably. City leadership can take this Assessment into consideration for future CIP projects and/or consider funding for specific park designs and/or a park master plan.

The City's staff is a group of passionate, skilled professionals, and their dedication to the community's well-being is apparent. The Consulting Team is confident that staff in conjunction with the City's leadership will do everything in their power to ensure Community Park meets the needs of the Poway community in the years to come.
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CHAPTER TWO -PUBLIC OUTREACH AND ENGAGEMENT
The planning process incorporated input from City key leaders, stakeholders and residents through a variety of mediums. This included:
• Series of key leader and stakeholder interviews and focus user group discussions • Two (2) virtual public meetings
• Key leader site tour
• An online survey
• Crowd-sourcing project website www.plancommunitypark.com.

The public outreach program included a designated website (plancommunitypark.com) with information about community park, key findings, and ways to participate (e.g., notification sign-ups, comment cards, forthcoming surveys, and public meetings). The outreach for surveys and public meetings included:

1. Notifications on the City website and the PlanCommunityPark.com website

2. A banner image on the homepage directing potential participants to the PlanCommunityPark.com page

3. Postings on most of our social media channels (e.g., Nextdoor, Facebook, Twitter, and lnstagram)

4. Electronic email notifications (Eblast) to 14,516 recipients

5. Direct notice to interested registrants and prior stakeholder, user group, and public meeting participants using a consolidated list

6. Posters at Community Park in English and Spanish

7. Flyers for PeachJar (Poway Unified School District email list) distribution

8. Flyers that Community Park staff to hand out at the Summer Movies in the Park event

9. Printed Surveys provided at Cafagna Center in English and Spanish The following sections summarize and highlight the key findings from each stage of the extensive public input process. These mediums helped engage 1300+ participants representing a broad cross section of interests Citywide.
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2.1 KEY STAKEHOLDER AND USER GROUPS SUMMARY
Over the course of three days in 2021, the consulting team convened the following groups to gain insight into the current strengths, opportunities and priorities for Community Park, and to better understand future recreational needs of its users.

I
Stakeholders and User Groups
City of Poway Parks and Recreation Advisory
Committee
Poway City Council Trail Advisory Board
Poway Valley Senior Citizen Corporation SD Skate Life
Board of Directors
Valley Elementary Poway Sports Association
Note: The Stakeholder and User Group list above excludes recreational instructors and organizational representatives (e.g., baseball, tennis, soccer, lacrosse, flag football, rugby, dog trainer, water aerobics, swim) and reserve park rangers who also participated. Invitees included Poway Kiwanis, Poway Rotary Club, Poway Bocce Club, Poway Library, Poway Boys & Girls Club, Pacific Swim, and Poway Unified School District representatives.

2.1.1 STRENGTHS
Based on feedback from key stakeholder and user
group interviews, common themes arose in many
conversations related to the strengths of
Community Park. These themes included the
knowledge and quality of City of Poway staff, the
facilities / amenities, overall aesthetics, and the
variety of activities provided at Community Park.

STAFF
Stakeholders noted that staff's knowledge,
service and passion contributed greatly towards
providing an exceptional user experience. Many
stakeholders highlighted the exemplary service
and communication provided by staff. Others
stated that quality leadership played a key role in
high employee morale, noting the passion and
Figure 1: Word Cloud of all comments collected for
"strengths"
enthusiasm of City employees. Sentiments shared regarding the strengths of staff include:
• "Communicative and professional"
• Customer service by staff including the recreation supervisor at Community Park • Highly organized
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• Staff addresses issues that are brought forward and stay current on community's needs

FACILITIES AND AMENITIES
Community Park offers a diverse array of amenities and facilities, with activities for all ages. Many see the park as a resource that reflects a sense of community and brings people together.

Stakeholders are generally supportive of the facilities and amenities at Community Park and mentioned the following components contributing to the park's uniqueness:
• "Beautiful pool"
• "Best dog park in San Diego area"
• Baseball fields
• New Community Center
• Picnic areas
• Playgrounds
• Skateboard Park
• Tennis courts
• Walking paths, trails, and pathways

OVERALL AESTHETICS
Many stakeholders communicated their appreciation of the overall aesthetics and layout of Community Park. Residents enjoy the space and natural beauty the park provides and appreciate the effort put forth to maintain it. Comments and specifics mentioned by stakeholders regarding the aesthetics and layout of Community Park include:
• "Flagship of our park system"
• "Keep the Creek -inspires a lot of play and kids really enjoy it" • "Love the pathways in the park and how they look"
• "Picturesque, pretty and attractive"
• Built in a way to attract more people
• Facilities are generally clean and taken care of
• Family Friendly
• Improved view corridors
• Location
• Nice open space
• Park accessible from multiple sides
• Park maintenance
• Spacious
• Trees
• Walkability

VARIETY OF ACTIVITIES
The vast amount of recreation options was continuously mentioned as a strength in the focus groups.

Stakeholders praised the variety of programs, services, and opportunities available to users of all ages.

Highlights of their comments include:
• "Diverse recreation opportunities"
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• Activities for low-income families
• Adventure Playground
• Events and Activities
• Great programs including senior programs
• Mix of uses
• Offerings for kids / teens (kids / teen hang out) with opportunities to hang out and make new friends
• Summer programs
• Wide variety of activities

2.1.2 OPPORTUNITIES
Stakeholder and user groups shared their
perspectives on the opportunities that could
impact the future of Community Park.

Opportunities that were listed include parking,
public awareness of the park, shade, park layout,
and the accessibility and connectivity of
Community Park.

PARKING
The most mentioned opportunity in the focus
group and key stakeholder meetings were
concerns with the parking. Stakeholders would
like to see improvements made to not only to the
amount of parking, but to the layout and lighting
of the existing lots.

Recommendations and comments tied to parking
that were provided by stakeholders include:

Figure 2: Word Cloud of all comments collected for
"opportunities"
• "Need more parking especially with some parking areas taken over with new condo development" • Current parking area design and two separate lots being connected is a little confusing • No parking available during tournaments
• Poor lighting in the parking lot
• Use Boys and Girls Club for parking
• Add directional signage to available parking areas

PUBLIC AWARENESS
Stakeholders stated concerns stated about portions of the population that are unaware of Community Park's facilities, amenities, services, programs, and even the location. Many attendees value the park and want others to be aware of and support the City's efforts.

The following ideas and comments to increase the awareness of Community Park included:
• "Need ways to make folks more interested in using the park" • "Not much community awareness"
• Communication and outreach
• Community awareness of park
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• Senior center signage much better than community signage • Wayfinding and Directional Signage
• Social Media
• Would like an app to track usage
SHADE
Many stakeholders mentioned the lack of shade as a major concern. The lack of trees and shade structures, especially around high use park amenities, combined with the warm climate has a negative impact on users' enjoyment of the park.

Focus groups mentioned the following in regards to the shade at Community Park:
• "Better shade for the parking area and vehicles too would be helpful" • "Lack of shade an issue"
• Benches with shade
• Increased availability of shaded spaces
• More shade structures especially around Dog Park and play areas • More shade trees
LAYOUT
Stakeholders verbalized opportunities within the layout of Community Park. Concerns included space allocation, restroom placement, the park's "first impression", and how areas are utilized.

Specific comments and recommendations included:
• Closer entrance
• Creek serves as natural dividing line between park
• Need restrooms on northwest corner
• Need walking paths around fields and the park
• Public works yard "unsightly"
• Space adjustment due to development
• Tennis court placement
• Additional recreational facilities (e.g., pickleball courts, accessible and inclusive playground equipment, and multi-generational facilities and amenities) Some creative ideas for a new layout included an American Ninja course, batting cages, a BMX pump track, a beginner skate park, a roller skate rink, volleyball courts, water features, trail markers, a walking loop around the park, workout stations, a maze, Wifi-stations, indoor play stations for teens and adults, disc golf, swing and climbing logs, zip lines, ping pong tables, bbq grills, a pedestrian bridge from Oak Knoll Rd to dog park, wayfinding signs, monitoring surveillance systems, joint-use facilities, and a parking lot reconfiguration.

ACCESSIBILITY AND CONNECTIVITY
Stakeholders had multiple concerns with the accessibility and connectivity of Community Park. "Accessibility" in terms of individuals ability to utilize the park and all its' amenities and connectivity in its' ability to connect users with other parts of the City. 14 of 60 9 prosi,';>
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The City's ability to keep up with the growth and expanding needs of the community, while remaining accessible to all, were consistent themes.

As provided by stakeholders, recommendations and comments for consideration regarding the accessibility and connectivity of Community Park include:
• Accessibility for Dog Park
• Concern with entrance from creek bed pathway
• Create loop around park with mile markers
• Disconnect between north and south side of park
• Need to look for ways to "open things up"
• Park, specifically the playground, is not inviting
• Poor access from Poway Road
• More trails and trail enhancements

2.1.3 TOP PRIORITY
Stakeholders and user groups shared many
priorities to enhance Community Park. Those
themes that were mentioned the most were
improvements to the park entrance / first
impression, better trails and connectivity,
maintaining usable open space, and adding
recreational facilities and shade.

PARK ENTRANCE / FIRST IMPRESSION
Multiple stakeholders and user groups mentioned
Community Park's entrance as a top priority. They
would like to see the entrance be more open with
better sightlines and believe it would improve the
first impression of the park. Many park facilities
need to be rehabilitated and enhanced landscape
and maintenance were recommended to be
prioritized.

TRAILS & CONNECTIVITY
Figure 3: Word Cloud of all comments collected for "top priorities"
More trails and better connectivity throughout the park was another top priority. Participants mentioned wanting more trails, pathways, and walking paths as well as better connectivity to the natural areas.

Wayfinding and directional signage and mile markers were also be recommended to be prioritized.

OPEN SPACE
Stakeholders and user groups were interested in ensuring that there is plenty of open space available at Community Park. They would like to see more space available for unstructured or free activities that allow users to enjoy the natural beauty of the park.

RECREATIONAL FACILITIES
Many participants wanted to see the addition of recreational facilities including pickleball courts, accessible and inclusive playground equipment, and multi-generational facilities and amenities. 15 of 60 10
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SHADE
More shade was a top priority for many stakeholders. They would like to see both shade structures and more trees to make visiting the park more enjoyable.

2.2 PUBLIC INPUT MEETINGS
In tandem with the stakeholder and user group
interviews, the consulting team also hosted 2 (two)
virtual public input meetings designed to further
engage residents of the City. The public input
meetings spanned two days and provided attendees
with a presentation of the project, process, initial
demographic findings, as well as an opportunity for
residents to off er feedback on the parks system
through live polling via Zoom.

Throughout the presentation, attendees asked
questions and shared feedback to identify the
strengths, opportunities, and top priorities they see
and envision for Community Park.

Close to 30 participants, representing a variety of
interests, participated in the public meetings. Each
public input meeting is combined and summarized in
the following sections that include the live polling,
combined results to each question asked, and
summarized open discussion of the public input. Both
of these meetings were done virtually.

LIVE POLLING
One key approach for soliciting feedback from
June 8, 2021
Virtual Public Meeting #1 -COMPLETED

6.00pm -7.00pm PST
June 9, 2021
Virtual Public Meeting #2 -COMPLETED

6.00pm -7.00pm PST
attendees of the public forum was through live polling of the audience. Using the responses to focus group and key leadership interview questions, the consulting team developed questions within a PowerPoint presentation to gain an understanding of park needs, barriers to participation, communication preferences and others.
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OF
POWAY
2 .2.1
LIVE
POLLI
NG

RESULTS
This
exercise
was
facilitated
using
a
live
polling
software
that
allowed
for
attendees
to
share
their
input
in
real-time
during
the
meeting.

These
results
were
then
displayed
to
the
attendees
immediately
after
all
the
respondents
had
provided
their
input.

The
following
is
a
synopsis
of
the
demographics
who
participated,
and
some
key
findings.

The
full
results
are
shown
in
Appendix
D
and
E.
•
•
• •
~
t f
Gender:

Age:

Zip
Code:
57%-
Female
50%
-Ages
55-74
85%-92064
40%-Male
34%
-Ages
35-54
15%
-92128
3%
-Prefer
not
to
answer
11%
-Ages
75 +
5%
-Ages
18-34
Regularly
used
amenities:
71%
-Trails
and
pathways
st
imp
a t
im
rovements:
62%
-Expand
walking
paths/trails
52%
-More
shade
structures/trees
48%
-Playground
33%
-Dog
Park
52%
-Innovative,
all
ability
playgrounds
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Participation: 66%-Alone 29%
-One
other
person
3%
-Two
other
people
2%
-Three
or
more
people
Preferred
communication
55%
-Poway
Chieftain
45%
-Facebook
45%-Email
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2.3 ELECTRONIC SURVEY

2.3.1 METHODOLOGY
The consulting team conducted an online survey (powered by SurveyMonkey) to gain a better understanding of the characteristics, preferences, and satisfaction levels of Community Park users and stakeholders. The survey was open for approximately three weeks, from August 12th through September 4th, 2021, and received a total of 1,171 responses, which speaks to an exceptional participation rate among the community. This was one of the highest response rates per capita witnessed amongst similar surveys.

2.3.2 FINDINGS
Q1: WHEN DO YOU OR ANY MEMBER OF YOUR HOUSEHOLD TYPICALLY VISIT COMMUNITY PARK? (SELECT ALL THAT APPLY)
Weekend afternoons (40%) and weekend mornings (38%) were the most popular times to visit Community Park indicated by respondents. Weekday usage was very evenly distributed between mornings (30%), afternoons (31%), and evenings (31%). Sixteen percent (16%) of those surveyed indicated they do not use Community Park.

Park Visitation
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■ Weekday mornings
■ Weekday afternoons
■ Weekday evenings
■ Weekend mornings
■ Weekend afternoons
■ Weekend evenings
■ I do not use Community Park
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Q2: WHO DO YOU USUALLY GO TO THE COMMUNITY PARK WITH: (SELECT ALL THAT APPLY) Over half of survey participants indicated they visit Community Park with kids (54%) or other family members (50%). About one in four (26%) visit the park alone.

Who You Visit With
■ Kids
■ Other family members
■ Friends
■ Alone
■ Sports Teams
■■
■ Other (please specify)
Q3: HOW LONG, ON AVERAGE, DO YOU STAY AT COMMUNITY PARK WHEN YOU VISIT? Only 19 percent stated that they stay less than an hour while a majority (61 %) spend between 1 to 2 hours when they visit Community Park.

Length of Stay
■ Less than one hour
■ 1-2 hours
■ 2-4 hours
■ 4-6 hours
■ More than 6 hours
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Q4: PEOPLE USE COMMUNITY PARK IN MANY DIFFERENT WAYS. PLEASE INDICATE IF YOU OR ANY

MEMBER OF YOUR HOUSEHOLD USE ANY OF THE FOLLOWING AMENITIES AND/OR FUNCTIONS OF COMMUNITY PARK REGULARLY BY SELECTING EITHER "YES" OR "NO".

Trails and pathways (78%) are the most used amenity by survey respondents and any member of their household followed by playground (68%), swim center (68%), and open space for children to play (66%).

Amenity Use -"Yes"
Trails and pathways (paved, unpaved, etc.)
Playground
Swim center
Open space for children to play
Exercise on your own
Dog park
Picnic areas
Open space for passive recreation
Large community events
Community center
Recreation classes or camps
Swim programs
Youth programs (e.g., Kids Night Out, In The Park Series) Tennis courts
Skate park
Meeting new people
Athletic multi-use field (e.g., soccer, rugby, lacrosse, football) Basketball court
Baseball fields
Older adult programs and services (e.g., Line Dancing, Feeling Fit, Mahjong)
45%
40%
34%
30%
28%
25%
24%
24%
18%
18%
16%
Private outdoor rental space --11%
Bocce courts -11%
Pickleball court (overlayed on basketball court) -10%
Private indoor rental space -9%
Teen programs (e.g., Teen Program Series, Teen Volunteer Program) -9% 20 of 60 15
68%
68%
66%
64%
61%
60%
57%
56%
78%
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IF "YES," PLEASE RATE THE OVERALL QUALITY
Community center (46%) received the highest percentage of "excellent" votes from respondents who have utilized the amenity. The swim center was next at forty-two (42%). The only amenity with a percentage of "poor" responses over nine percent was the baseball fields (29%), however, they were only indicated to be used by eighteen percent (18%) of respondents.

If Yes, Rate Overall Quality
Trails and pathways (paved, unpaved, etc.)
Playground
Swim center
Open space for children to play
Exercise on your own
Dog park
Picnic areas
Open space for passive recreation
Large community events
Community center
Recreation classes or camps
Swim programs
Youth programs (e.g., Kids Night Out, In The Park Series) Tennis courts
Skate park
Meeting new people
Athletic multi-use field (e.g., soccer, rugby, lacrosse, football) Basketball court
Baseball fields
Older adult programs and services (e.g., Line Dancing, Feeling Fit, Mahjong)
Private outdoor rental space
Bocce courts
Pickleball court (overlayed on basketball court)
Private indoor rental space
Teen programs (e.g., Teen Program Series, Teen Volunteer Program) 21% 53% 22%-
42% 49%
22% 57% -19%1
19% 56% 23%~iv:
15% 53%
10% 43% 41% "6%
21% 51% 25%-
25% 61% 14%1
46% 38% ■14%■
34% 55% l0%1
42% 49% 9%
35% 57% 7%
% 62% 27%-.-5%
20% 55% •11% ,' 7%
15% 52% 32%
10% 35% 26% -29%
27% 46% •20% .. 7%
8% 67% 21% 5%
13% 47%
7% 40%
32% 53% 1-12% ,
■ Excellent ■ Good ■ Fair ■ Poor
21 of 60 16
January 18, 2022, Item #15

POWAY COMMUNITY PARK NEEDS ASSESSMENT
Q5: WHICH FOUR OF THESE AMENITIES AND/OR FUNCTIONS ARE THE MOST IMPORTANT TO YOUR HOUSEHOLD?
Swim center (271 top four selections) was mentioned the most as a top four important amenity or program, even though it received the third most "1st choice" votes (93). Dog park (244 top four selections) received the most "pt choice" votes (113), and Playground was selected as the "1st choice" 107 times.

Most Important Amenity/ Program
Swim center
Dog park
Playground
Trails and pathways (paved, unpaved, etc.)
Open space for children to play
Open space for passive recreation
Exercise on your own
Picnic areas
Large community events
Community center
Recreation classes or camps
Athletic multi-use field (e.g., soccer, rugby, lacrosse, football) Tennis courts
Older adult programs and services (e.g., Line Dancing, Feeling Fit, Mahjong)
Skate park
Baseball fields
Swim programs
Youth programs (e.g., Kids Night Out, In The Park Series) Pickleball court (overlayed on basketball court)
Basketball court
Teen programs (e.g., Teen Program Series, Teen Volunteer Program) Meeting new people
Bocce courts
Private indoor rental space
Private outdoor rental space
■ 1st Choice ■ 2nd Choice
22 of 60 17
26 25
24 86
79 6
6 70
8 6
122
99 3rd Choice ■ 4th Choice
163
145
207
244
240
37 271
pros~,';>
consuttiQg
January 18, 2022, Item #15

CITY OF POWAY
Q6: HOW OFTEN DO YOU OR ANY MEMBER OF YOUR HOUSEHOLD USE THE FOLLOWING FACILITIES AT COMMUNITY PARK?
Trails and pathways are the most often used facility on a daily (14%) and weekly (27%) basis by survey respondents. Those facilities with the highest percentage of "I do not use" selections were Boys and Girls Club (96%), bocce courts (88%), rooms/halls for rent (87%), and pickleball court (87%), though it must be noted that the current pickleball courts are overlaid on the basketball court (as noted in the choices) and many respondents were not aware the pickleball courts existed.

Frequency of Use
Athletic multi-use field (e.g., soccer, rugby, lacrosse, football) Baseball fields
Basketball court
Bocce courts
Boys and Girls Club (operated by the Boys and Girls Club of San Diego County)
Community center
Dog park
Pickleball court (overlayed on basketball court)
Picnic areas
Playgrounds
Rooms/halls for classes and/or programs
Rooms/halls for rent
Skate park
Swim center
Tennis courts
Trails and pathways (paved and unpaved)
9°0 • •· 73%
0 0 0 76%
I • 88%
ll 96%
0o O 17° 0 1 53%
% 17% u O ' 0 0 ~':l 43%
I -■ 87%
19% •1 %~ 1 ° 1 ° ~ 32%
I O '.:! 87%
0 0 %• 75%
14% 10% 13% 17% 11%1· 30%
o o 00 o %l 71%
■ Daily ■ Weekly ■ Monthly ■ At least six times per year ■ Two to five times per year Once per year or less ■ I do not use 23 of 60 18
January 18, 2022, Item #15
POWAY

COMMUNITY
PARK
NEEDS

ASSESSMENT
Q7:

PLEASE
CHECK
ALL
OF
THE

FOLLOWING

REASONS
THAT

PREVENT
YOU
OR
OTHER

MEMBERS
OF
YOUR

HOUSEHOLD
FROM
USING

COMMUNITY
PARK
MORE
OFTEN.
(PRE-COVID-19

PANDEMIC)
"I
am
too
busy"
(37%)
was
the
most
mentioned
barrier
as
to
why
respondents
or
other
members
of
their
household
do
not
use
Community
Park
more
often.
"I
do
not
know
what
is
offered"
(34%),
"lack
of
shade"
(29%)
and
"use
of
other
parks"
(25%)
were
the
other
options
selected
by
at
least
one
in
four
participants.

Barriers
I am
too
busy
I do
not
know
what
is
being
offered
Lack
of
shade
Use
other
parks
Lack
of
parking
Lack
of
amenities
in
park
Lack
of
restrooms
Park
does
not
have
right
equipment
(features/facilities)
Facilities
operating
hours
not
convenient
Too
busy/crowded
Too
far
from
residence
Park
is
not
well
maintained
Lack
of
programming
I do
not
feel
safe
Lack
of
open
space
18%
15%
14%
11% 10% 10% 10%
8% 7% 7% 6%
Too
expensive
-
4%
Poor
signage/direction
-
4%
I do
not
feel
welcome
•
2%
Other
(please
specify)
12%
24 of
60 19
29%
25%
37%
34%
pros
i,';>
consulf
i!)g
January 18, 2022, Item #15

CITY OF POWAY
QB: PLEASE RATE YOUR LEVEL OF SATISFACTION WITH THE MANAGEMENT / OPERATIONS OF COMMUNITY PARK?
Over sixty-one percent (61 %) of those surveyed were "satisfied" or "very satisfied" with the management/operations of Community Park. Only seven percent (7%) of respondents indicated a level of dissatisfaction.

Satisfaction Level -Management/Operations
1%
■ Very satisfied
■ Satisfied
No opinion
■ Dissatisfied
■ Very dissatisfied
Q9: PLEASE RATE YOUR LEVEL OF SATISFACTION WITH THE MAINTENANCE OF COMMUNITY PARK? In terms of park maintenance, over seventy percent (70%) of respondents indicated they were "satisfied" of very satisfied" with the work done by staff. Less than one out of every ten surveyed selected the dissatisfied at some level.
25 of 60
Satisfaction Level -Maintenance
1%
20 ■ Very satisfied
■ Satisfied
■ No opinion
■ Dissatisfied
■ Very dissatisfied
January 18, 2022, Item #15

POWAY COMMUNITY PARK NEEDS ASSESSMENT
Q10: HOW WOULD YOU RATE THE CURRENT LEVEL OF OVERALL SECURITY AND PUBLIC SAFETY FOR USERS OF FACILITIES OR PROGRAMS (ON A SCALE OF 1 TO 5, WITH 5 BEING "FEEL VERY SAFE" AND 1 BEING "DO NOT FEEL SAFE AT ALL")?
"Feel safe most of the time" (43%) and "feel very safe" (32%) were the most selected option by respondents in terms of how safe they feel at Community Park. Only one percent (1%) indicated they "do not feel safe at all."
26 of 60
User Security/Safety
1%
21 ■ Feel very safe
■ Feel safe most of the time
■ Neutral
■ Sometimes feel unsafe
■ Do not feel safe at all
pros-;,';>
consuttiQg
January 18, 2022, Item #15

CITY OF POWAY
Q11: PLEASE INDICATE THE LEVEL OF IMPORTANCE FOR THE CITY OF POWAY TO PROVIDE OR IMPROVE THE FOLLOWING AMENITY TO COMMUNITY PARK OVER THE NEXT 10 YEARS. "More trees/vegetation" (45%) and "more shade structures" (43%) received the highest percentage of "very important" responses from those surveyed when asked to indicate the level of importance of amenities for Community Park for the next 10 years.

This emulates what we heard in the public input process in which the community wants more shade. "Improve/expand walking/biking paths, loop trails, and/or trial markers" (42%) and "improve safety measures (lighting, cameras, patrol, etc.)" (40%) were the other amenities in which at least two out of five respondents deemed "very important."
Proposed Action Support
More trees/vegetation
More shade structures
Improve/expand walking/biking paths, loop trails, and/or trail markers Improve safety measures (lighting, cameras, patrol, etc.) Enhance creek area
Improve/expand restroom facilities
Add innovative all abilities playgrounds
Add adventure amenities (obstacle course, rock wall, swing and climbing logs, maze, etc.) Enhance outdoor space for events
More parking
....u~
~
27 of 60
Improve ADA accessibility ---♦~
Improve/expand open space
Improve picnic/outdoor cooking areas ---1~
Add outdoor amphitheater/stage ..-,iw
Improve/expand dog park -1 ·.

Add indoor fitness facilities (gym, studio, etc.) lllllrt"~ Improve park entrance and "first impression" _..-; · .

Improve signage (wayfinding and directional signage and place signage) Ila{~.

Provide Wi-Fi access
Add outdoor fitness equipment ~
Add BMX pump track
Build or upgrade existing baseball/softball fields
Add roller skating park/rink
Add pickleball courts
Add disc golf course
Upgrade existing tennis courts
Improve/expand indoor space for events
Improve/expand skatepark 111:~:I. ••0•1111::::::::::,.~~ Add artificia I turf field
Add sand volleyball courts •;Wi
Upgrade existing basketball courts
Improve/expand indoor gaming and media stations and social areas Add outdoor ping pong table(s)
Upgrade existing football/soccer field
Add outdoor chess table(s)
More loading zones
■ Very important ■ Somewhat important
22 i: ..

Not sure ■ Not important
w.;.
)ffl, Uil"tl
-~ \VAi
l'i~ •il"111
::::::lT~. w..-
=~
ffr:1111111
v.Blii:lil-fjl"/.111111
C:::11-~'..l:~
:ffl
~~iilll-11'1::V.-...
,:·.

January 18, 2022, Item #15
POWAY

COMMUNITY
PARK
NEEDS

ASSESSMENT
Q12:

WHICH
FOUR
OF
THESE

IMPROVEMENTS
ARE
THE
MOST

IMPORTANT
FOR
THE
CITY
TO

ADD/EXPAND/RENOVATE
(RANK
IN
ORDER
1 TO
4 WHERE
1ST
IS
MOST
IMPORTANT)?
Survey
respondents
indicated
that
the
most
important
improvements
for
the
City
to
add,
expand,
and/or
renovate
were
"add
adventure
amenities"
(206
votes),
improve
and/or
expand
walking
and
biking
paths,
loop
trail,
and/
or
trail
markers
(194
votes),
and
"improve
safety
measures"
(169
votes).

Most
Important
Improvements
Add
adventure
amenities
{obstacle
course,
rock
wall,
swing
and
climbing
logs,
maze,
etc.)
---------
-----•
===
=---206
28 of
60 Improve/expand
walking/biking
paths,
loop
trails,
and/or
trail
markers
194
Improve
safety
measures
{lighting,
cameras,
patrol,
etc
.)
169
Enhance
creek
area
--
-
----IC
====
---•
155
More
shade
structures
148
More
trees/vegetation
123
Add
outdoor
amphitheater/stage
•--
----=:
===
=--•
123
Add
innovative
all
abilities
playgrounds
115
Improve/expand
dog
park
112
Add
BMX
pump
track
-----
----=:::::I-
107
Improve/expand
restroom
facilities
98 More
parking
96 Add
indoor
fitness
facilities
{gym,
studio,
etc.)
•----r.::::::a-
86 Improve
picnic/outdoor
cooking
areas
82 Add
pickleball
courts
80 Add
disc
golf
course
77 Improve
ADA accessibility
68 Add
outdoor
fitness
equipment
67 Improve/expand
open
space
-
••==
::1111
■
66 Add
roller
skating
park/rink
60 Enhance
outdoor
space
for
events
59 Build
or
upgrade
existing
baseball/softball
fields
52 Upgrade
existing
tennis
courts
46 Add
sand
volleyball
courts
44 Improve
park
entrance
and
"first
impression
"
43 Add
artificial
turf
field
42 Improve/expand
skatepark
•1111:=:1•
40 Provide
Wi-Fi
access
39 Improve
signage
{wayfinding
and
directional
signage
and
place
signage)
26 Add
outdoor
ping
pong
table(s)
21 Add
outdoor
chess
table(s)
19 Improve/expand
indoor
space
for
events
15 Upgrade
existing
football/soccer
field
12 Upgrade
existing
basketball
courts
11 Improve/expand
indoor
gaming
and
media
stations
and
social
areas
11 More
loading
zones
1117
■
1st
Choice
■
2nd
Choice
3rd
Choice
■
4th
Choice
23 pros
-;',->
consutti
f)g
January 18, 2022, Item #15
I

CITY OF POWA V
Q13: THE CITY OF POWAY IS COMMITTED TO ENSURING THEIR PARKS ARE INCLUSIVE AND ACCESSIBLE. DO ANY MEMBERS OF YOUR HOUSEHOLD HAVE A DISABILITY AS DEFINED BY THE AMERICANS WITH DISABILITIES ACT (ADA)?
Fifteen percent (15%) of survey respondents indicated a member of their family has a disability as defined by the Americans with Disability Act (ADA).

Households Members with a
Disability
■ Yes
■ No
Q14: IF YES WAS INDICATED FOR Q13, WHAT TYPE OF ACCOMMODATION IS NEEDED TO SERVE INDIVIDUALS WITH DISABILITIES IN YOUR HOUSEHOLD (PLEASE CHECK ALL THAT APPLY)? "More accessible walkways and pathways" (77%) was by far the most selected accommodation to serve those with disabilities.

Accommodation Needs
More accessible walkways and pathways 77%
Adaptive playground equipment -23%
Additional staff • 7%
Sign language interpretation • 7%
Non-verbal assistance (Braille) I 2%
Other (please specify) 29%
29 of 60 24
January 18, 2022, Item #15
POWAY

COMMUNITY
PARK
NEEDS

ASSESSMENT
Q15:

IF
YES
WAS

INDICATED
FOR
Q13,
WHAT
TYPES
OF

PROGRAMS
ARE

DESIRED
TO
SERVE

INDIVIDUALS
WITH

DISABILITIES
IN
YOUR

HOUSEHOLD
(PLEASE
CHECK
ALL
THAT
APPLY)?
Of
the
options
given,
"social
activities"
(29%)
were
the
most
selected
desired
program
to
serve
individuals
with
disabilities,
followed
closely
by
"outdoor
adventure
program"
(28%)
and
"arts
&
crafts"
(27%).

Prefer
not
to
answer
Social
activities
(dances,
etc.)
Outdoor
adventure
programs
Arts
&
Crafts
Organized
sports
Other
(please
specify)
30 of
60 Programs
Desired
21% 20%
25 34%
29% 28% 27%
pros
~,';>
consulting
January 18, 2022, Item #15

CITY OF POWAY

2.3.3 DEMOGRAPHICS
Q16: USING THE MAP OF THE CITY AS A GUIDE, WHICH PART OF POWAY DO YOU CURRENTLY LIVE IN?
While the smallest in size, Area 2 (37%) was the most represented area in the online survey.

Respondent Location
Area 1 (generally, north of Twin Peaks
Road/Poway Road)
Area 2 (generally, south of Twin Peaks Road,
west of Community Road)
Area 3 (generally, south of Poway Road, east of
Community Road)
Not applicable
Prefer not to answer
31 of 60 26
24%
34%
37%
January 18, 2022, Item #15

POWAY COMMUNITY PARK NEEDS ASSESSMENT
Q17: COUNTING YOURSELF, HOW MANY PEOPLE IN YOUR HOUSEHOLD ARE AGES ... (INDICATED BELOW)?
When compared to 2020 demographics, we see online survey participants (households) were overrepresented substantially in the 0-17 age group and slightly over in 35-54. This indicates a larger than City average amount of families with children filled out the survey.

Population by Age Segment
■ 0-17 years: ■ 18-34 years:
7%
27%
26%
19%
21%
2020 Demographics
Q18: WHAT IS YOUR AGE (IN YEARS)?
The average age of survey
respondents was 51, the median
age was 48. The youngest
respondent was 13 and the oldest
was 87.
32 of 60
35-54 years: ■ 55-74 years: ■ 75+:
27 23%
Online Survey Results
Respondents Age
4%
■ 0-17
■ 18-34
■ 35-54
■ 55-74
■ 75+
pros~,';>
consultiQg
January 18, 2022, Item #15

CITY OF POWAY
Q19: HOW LONG HAVE YOU LIVED IN POWAY (IN YEARS)?
Nearly half (46%) of survey
respondents have lived in Poway
for over 20 years, with the longest
recorded tenure being 66 years.

The average length of residence
was 19 years. The median of
respondents was 17.

Years in Poway
Q20: YOUR GENDER:

Females made up 55 percent of
the survey respondents.
33 of 60
Gender
0%
28 ■ Female
■ Male
■ 0-2
• 3-9
10-19
• 20+
■ Prefer not to answer
■ Prefer to self
describe
January 18, 2022, Item #15

POWAY COMMUNITY PARK NEEDS ASSESSMENT
Q21: WHAT IS YOUR HOUSEHOLD INCOME?
With one in four respondents choosing not to answer, $150,000+ (38%) was the largest household income demographic selected by survey participants. Less than one percent claimed under $30,000 a year.

Household Income
1%
■ Under $30,000
■ Between $30,000 and $59,999
■ Between $60,000 and $89,999
■ Between $90,000 and $119,999
■ Between $120,000 and $149,000
■ Over $150,000
■ Prefer not to answer
Q22: WHICH OF THE FOLLOWING BEST DESCRIBES YOUR RACE/ETHNICITY [CHECK ALL THAT APPLY]?
"White/Caucasian" (72%) was the most represented race by those that filled out the survey followed by "Asian/Pacific Islander" (11%), which is in line with demographic data for the City. 34 of 60
Respondent Race/Etnicity
White/Caucasian 72%
Asian/Pacific Islander 11%
Hispanic -5%
Native American I 1%
Black/African American I 1%
Prefer not to answer 15%
Other (please specify) I 3%
29 pros-;,';>
consulti,0g
January 18, 2022, Item #15
CITY
OF
POWAY
Q23:

PLEASE

INDICATE
HOW
YOU
OR
ANY
MEMBER
OF
YOUR

HOUSEHOLD
TRAVEL
TO

COMMUNITY
PARK
BY

SELECTING
EITHER
"YES"
OR
"NO."
Nearly
all
survey
respondents
utilize
a
car
(97%)
to
travel
to
Community
Park.

A
little
more
than
half
walk
(52%),
forty-four
percent
(44%)
bike,
and
two
percent
(2%)
use
the
bus.

Travel
Modes 2%
IF
YES
TO
Q23
PLE
ASE
LET
US
KNOW
HOW
LONG
IT
TAKES.
•
Car
•
Walk
■
Bike
•
MTS
Bus
stop
located
at
Ii bra
ry
Of
those
who
walk
to
Community
Park,
only
forty
percent
(40%)
live
within
a
10-minute
walk.

Seventy
one
percent
(71
%)
of
those
who
drive
take
10 minutes
or
less
to
get
to
Community
Park.

Travel
Time
Car
30%
41%
Walk
17%
23%
17 32%
12%
Bike
22%
25%
27%
23%
MTS
Bus
stop
located
at
library
25%
50%
25%
■
Up
to
5 minutes
■
6-10
minutes
11-15
minutes
■
16-30
minutes
■
Over
30 minutes
35 of
60 30
January 18, 2022, Item #15
POWAY

COMMUNITY
PARK
NEEDS

ASSESSMENT
Q24:

HOW
WOULD

MEMBERS
OF
YOUR

HOUSEHOLD
PREFER
TO
RECE
IVE

INFORMAT
ION
ABOUT
FUTURE
POWAY

COMMUNITY
PARK

PROGRAMS
AND

SERVICES
(PLEASE
CHECK
ALL
THAT
APPLY)?
In
terms
of
preferred
ways
to
receive
information
about
future
Community
Park
programs
and
services,
Email
newsletter
(64%)
was
the top
selection
by
respondents
and
was
the
only
one
selected
by
more
than
half
of
those
surveyed.

Word
of
mouth
(10%),
posters
and
announcements
(12%),
and
lnstagram
(13%)
were
the
least
popular
options.

Preferred
Marketing
Methods
Email
newsletter
Poway
Chieftain
Poway
website
Direct
mailing
notices
from
the
City
35%
City
of
Poway
Community
Services
Guide
34%
Facebook
24%
Nextdoor
23%
lnstagram
13%
Posters
and
announcements
12%
Word
of
mouth
10%
Other
(please
specify)
■
2%
36 of
60 31
42% 41%
64%
pros
-;,';
>
consulf
i[Jg
January 18, 2022, Item #15
CITY
OF
POWAY

2.4 WEBSITE

ANALYTICS
From
June
1,
2021
through
December
1,
2021,
www.plancommunitypark.com
engaged
almost
1500
users
who
accounted
for
close
to
3,500
pageviews
in
less
than
6 months.
•
Users
200 100 Users 1,493
Jun
2021
at
L.
___
_
Nu
m
be
r of
Sessions
per
User
Avg.

Sess
ion
Duration
00:01
:24 l
I
•
37 of
60 July
2021
New
Users
1,492 __,.,J.

Pagev
iews
3,441 ~ Bounce
Rate

69.45% ~
~
Aug,1st
2021
September
202
I
Sess
ions
Pages
/ Sess
ion

1.81 ~
32 ~
October
2021
November
202.1
■
New
Visitor
■
Returning
Visitor
January 18, 2022, Item #15
I

POWAY COMMUNITY PARK NEEDS ASSESSMENT

CHAPTER THREE -RECREATION TRENDS AND BENCHMARKING

3.1 RECREATION TRENDS
The Trends Analysis provides an understanding of national, and local recreational trends. Trends data used for this analysis was obtained from Sports & Fitness Industry Association's ("SFIA"), National Recreation and Park Association ("NRPA"), and Environmental Systems Research Institute ("ESRI"). All trends' data is based on current and/or historical participation rates and, while it may not all be relevant to a specific site, will shed some insights on future trends that will impact recreation offerings at Community Park.

3.1.1 LOCAL SPORT' AND LEISURE MARKET POTENTIAL
The following charts show sport and leisure market potential data for City of Poway residents, as provided by ESRI. Market Potential Index (MPI) measures the probable demand for a product or service within a defined service area. The MPI shows the likelihood that an adult resident will participate in certain activities when compared to the U.S. national average. The national average is 100; therefore, numbers below 100 would represent lower than average participation rates (lower demand), and numbers above 100 would represent above average participation rates (higher demand). For example, an index of 120 implies that demand in the area is likely to be 20 percent higher than the US average; an index of 85 implies a demand that is 15 percent lower. The service area is compared to the national average in four (4) categories -general sports, fitness, outdoor activity, and commercial recreation. The City does not have the ability to meet demand for many of the activities shown (e.g., visiting a museum, theme park, indoor water park or salt water fishing).

MPI scores are a tool that the Department can use for consideration of keeping existing offerings at Community Park and/or evaluating modifications and new additions. The market potential gives the Department a starting point for estimating resident attendance and participation for a broad set of recreational activities.

Only six total activities assessed (4 of which were General Sports) had MPI scores below the national average, which suggests the local population is very inclined to participate in a variety of recreational activities and are heavily engaged in Fitness and Outdoor activities in particular.

The following charts compare MPI scores for 42 sport and leisure activities that are prevalent for residents within the City. The activities are categorized by activity type and listed in descending order, from highest to lowest MPI score. High index numbers (100 or more) are significant because they demonstrate that there is a greater likelihood that residents within the service area will actively participate in offerings provided by the Department.
38 of 60 33 prOS-;',
1 ;>
consu/tiQg
January 18, 2022, Item #15
CITY
OF
POWAY

GENERAL
SPORTS
MARKET

POTENTIAL
The
General
Sports
category
has
some
high
MPI
figures,
with
three
activities
well
above
the
national
average.

The
activities
that
are
ranked
the
highest
based
on
MPI
are
Tennis
(141
),
Golf
(133),
and
Soccer
( 116)
which
are
significantly
higher
than
national
averages
indicating
a
high
popularity
for
those activities
in
Poway.

General
Sports
MPI
-
Poway
-
National
Average
160
141
140 120
V, C1'
100
~ 0
----
;89
---
84 u
80 V) c..
60 ~
40 20 0
Tennis
Golf
Soccer
Basketball
Baseball
Volleyball
Softball
Football
39 of
60 34
January 18, 2022, Item #15

POWAY COMMUNITY PARK NEEDS ASSESSMENT

FITNESS MARKET POTENTIAL
Assessing the Fitness Activity category, every activity has an above average MPI score indicating a high interest for participating in these activities. The top activities based on MPI are Yoga (147), Jogging / Running (135), and Pilates (135), however, there is also high demand for the other Fitness Activity categories shown.

Fitness MPI
-Poway -National Average
160 147
140
120
"' a, 100 ...
0 u 80 V)

0..
~ 60
40 20
0 Yoga Jogging/ Pilates Swimming Weight Walking for Aerobics Zumba Running Lifting Exercise

OUTDOOR ACTIVITY MARKET POTENTIAL
All but one activity in the Outdoor Activity category have above average MPI scores. The top three activities in this category include Hiking (139), Bicycling (road) (138), and Canoeing / Kayaking (136).

V,
160
140
120
~ 100
0 ~ 80
0:: 60
~
40 20
0 40 of 60
139
Hiking
138
Bicycling
(road)
Outdoor Activity MPI
-Poway -National Average
136
Canoeing/
Kayaking
Bicycling Backpacking Fishing
(mountain) (salt water)
35 Horseback
Riding
86 Fishing
(fresh water)
pros~,';>
consuttiQg
January 18, 2022, Item #15

CITY OF POWAY
I

COMMERCIAL RECREATION MARKET POTENTIAL
The Commercial Recreation category also reveals all but one activity have MPI scores above the national average, with 3 activities scoring over 150. Those activities were Went to Museum (155), Attended Classical Music / Opera Performance (152), and Went to Live Theatre (151 ).

Commercial Recreation MPI
(Last 12 Months)
■ Poway
Went to museum
Attended classical music/opera performance
Went to live theater
Went to art gallery
Attended sports event
Spent $250+ on sports/rec equip
Visited an indoor water park in last 12 months
Did photography
Spent $100-249 on sports/rec equip
Attended dance performance
Played musical instrument
Visited a zoo in the last 12 months
Visited a theme park in last 12 months
Did painting/drawing
Did photo album/scrapbooking
Went overnight camping in last 12 months
Spent $1-99 on sports/rec equip
Danced/went dancing
National Average
129
126
126
126
122
120
-
120
116
115
114
i 112
106
103
98 155
152
151
149
0 20 40 60 80 100 120 140 160 180
MPI Scores
41 of 60 36
January 18, 2022, Item #15
POWAY

COMMUNITY
PARK
NEEDS

ASSESSMENT
3 .1.2
KEY

FINDINGS
Based
on
the
information
presented
in
the
Trends
Analysis,
the
following
key
findings
are
of
particular
interest
and/or
have
significant
implications
for
Community
Park:
•
Local
Participatory Trends:
42 of
60 o
Local
recreation
trends
show
strong
participation
across
all
categories
assessed,
with
only
6 out
of
42 activities
having
MPI
scores
below
the
national
average.
o
The
high
Outdoor
Activity
scores,
coupled
with
the
larger
participation
rates
of
fitness
activities
that
could
take
place
outdoors
(yoga,
jogging
/
running,
pilates,
walking
for
exercise)
express
potential
for
multiple
programming
opportunities
as
well
as
trail
connectivity
that
could
be
utilized
within
Community
Park.
o
The
community's
high
participation
numbers
in
Tennis,
plus
the
rapid
increase
in
participation
numbers
for
pickleball
should
be
monitored
by
the
City
as
they
indicate
potential
for
the
need
of
additional,
and/
or
multi-use
court
space.
o
These
numbers
are all
very
promising
for
the
City,
as
market
potential
data
suggests
that
City
residents
are
more
inclined
to
participate
in
a wide
variety
of
recreational
activities
related
to
sports,
fitness,
outdoor
recreation,
and
commercial
recreation.
37 pros
-;,'f>
consult
iQg
January 18, 2022, Item #15

CITY OF POWA V

CHAPTER FOUR-STRATEGIC RECOMMENDATIONS

4.1 RECOMMENDATIONS
Based on an iterative visioning process with staff combined with the community input, benchmarking, and analysis of recreational trends, the Consulting Team identified the following considerations and top priorities.
,4-1.1 CONSIDERATIONS: UPDATE EXISTING
The following considerations are tied to updating already existing facilities and/or amenities:

1. Add additional trees and/or shade structures to areas including, but not necessarily limited to:
• Tot lots
• The Splash Pad
• Grass areas
• Baseball field areas
• Parking lots

3. Connect Pedestrian loops (e.g., bridges, circle paths) and bicycle paths and enhance ADA accessibility

4. Upgrade/add play structures for all-abilities playgrounds

5. Increase park visibility and safety lighting in and around the park (e.g., reduce fencing, relocate operational yards)

4.1.2 CONSIDERATIONS: NEW AMENITIES
The following considerations are for potential new amenities that could be added to Community Park:
1 . Add outdoor adventure elements

2. Add dedicated pickleball courts

3. Add restroom by northerly play area

4. Introduce interpretive learning and art opportunities and creek renovations to activate the creek

5. Provide fitness equipment / exercise stations along the trail

4.1.3 CONSIDERATIONS: OPERA TIO NS
These considerations are going to be tied to the operations or processes of the City.

1. Invest in additional marketing to create greater awareness of park offerings

2. Focus on maintenance Improvements
• Enhance existing landscape
• Relocate maintenance yard
43 of 60 38
January 18, 2022, Item #15

POWAY COMMUNITY PARK NEEDS ASSESSMENT
• Add dedicated staff / contract support

3. Ensure consistency in branding and aesthetics

4. Determine consistent hours of operations

5. Utilize technology to enhance the user experience
• Wi-Fi in park
• App for accessible maps / parking counts / workout trackers etc.

4.1.4 TOP PRIORITIES

1. Shade (shade structures/sails and trees) -Create more shaded areas around the park and trails as well as around amenities where people congregate.

2. Accessible Trails and Connectivity -Connect pedestrian loops and make the trails more universally accessible. Provide bike access through the park with adequate bicycle parking.

Additional Resources for Awareness and Maintenance (Staff and/or Contract Support) -Invest additional resources to keep up with the park maintenance as additional amenities are added; also grow marketing and communication efforts to create greater awareness about the offerings particularly at the community recreation center (e.g., website App).

CHAPTER FIVE -CONCLUSION
This Assessment is meant to be a needs assessment as the City continues to plan its future to meet the needs of its growing and very engaged population. As the area grows, Community Park will require a higher level of service for indoor and outdoor offerings while creating enjoyable, safe spaces for community members of all ages, abilities, and backgrounds to recreate comfortably. City leadership can take this Assessment into consideration for future CIP projects and/ or consider funding for specific park designs and/or a park master plan.

CITY OF POWAY
Appendices

PAGE INTENTIONALLY LEFT BLANK
45 of 60 40
January 18, 2022, Item #15

POWAY COMMUNITY PARK NEEDS ASSESSMENT

APPENDIX A -NON-PARTICIPANT INTEREST BY AGE SEGMENT
In addition to participation rates by generation, SFIA also tracks non-participant interest. These are activities that the U.S. population currently does not participate in due to physical or monetary barriers, but is interested in participating in. Below are the top five activities that each age segment would be most likely to partake in if they were readily available.

Overall, the activities most age segments are interested in include: Camping, Bicycling, Fishing, and Swimming for Fitness. All of which are deemed as low-impact activities, making them obtainable for any age segment to enjoy.
6-12 Year-Olds
Fishing
Camping
Soccer
Martial Arts
Basketball
35-44 Year-Olds
Fitness Swimming
Camping
Bicycling
Fishing
Hiking
46 of 60
, 13-17 Year-Olds
I
Fishing
Camping
Working Out w/ Weights
Volleyball
Running/ Jogging
45-54 Year-Olds
Bicycling
Fishing
Camping
Fitness Swimming
Hiking
41 18-24 Year-Olds
Camping
Fishing
Martial Arts
Volleyball
Kayaking
55-64 Year-Olds
Bicycling
Fishing
Fitness Swimming
Camping
Hiking
25-34 Year-Olds
Camping
Fitness Swimming
Bicycling
Fishing
Kayaking
65+ Year-Olds
Fishing
Fitness Swimming
Bicycling
Birdwatching/Wildlife
Viewing
Working Out Using
pros~,'f>
consulti(Jg
January 18, 2022, Item #15
CITY
OF
POWAY

APPENDIX
B
-NATIONAL
AND

REGIONAL

PROGRAMMING
TRENDS
Programs
offered
by
Park
and
Recreation
Agencies
(Pacific
Southwest
Region)
NRPA's
Agency
Performance
Review
2020
summarize
key
findings
from
NRPA
Park
Metrics,
which
is
a
benchmark
tool
that
compares
the
management
and
planning
of
operating
resources
and
capital
facilities
of
park
and
recreation
agencies.

The
report
contains
data
from
1,053
park
and
recreation
agencies
across
the
U.S.
as
reported
between
2017
and
2019.

Based
on
this
year's
report,
the
typical
agency
(i.e.,
those
at
the
median
values)
offers
187
Pacific
■
Southwest
Region
programs
annually,
with
roughly
64 percent
of
those
programs
being
fee-based
activities/events.

According
to
the
information
reported
to
the
NRPA,
the
top
five
programming
activities
most
frequently
offered
by
park
and
recreation
agencies,
both
in
the
U.S.
and
regionally,
are
described
in
the
table
below.

A
complete
comparison
of
regional
and
national
programs
offered
by
agencies
can
be
found
on
the
following
page.

When
comparing
the
Pacific
Southwest
Region
agencies
to
the
U.S.
average,
team
sports,
themed
special
events,
social
recreation
events,
and
fitness
enhancement
classes
were
identified
in
the
top
five
most
commonly
provided
program
areas
offered
regionally
and
nationally.
-
Top
5 Most
Offered
Core
Program
Areas
(Offered
by
Parks
and
Recreation
Agencies)
Pacific
Southwest
(%
of
agencies
offering)
U.S.
(%
of
agencies
offering)
•
Themed
Special
Events
(91%)
•
Themed
Special
Events
(88%)
•
Team
Sports
(90%)
•
Team
Sports
(87%)
•
Social
Recreation
Events
(90%)
•
Social
Recreation
Events
(87%)
•
Fitness
Enhancement
Classes
(89%)
•
Fitness
Enhancement
Classes
(82%)
•
Health
&
Wellness
Education
(88%)
•
Health
&
Wellness
Education
(81%)
47 of
60 42
January 18, 2022, Item #15
I

POWAY COMMUNITY PARK NEEDS ASSESSMENT
Overall, Pacific Southwest Region parks and recreation agencies are above the U.S. average for many program offerings. When utilizing a discrepancy threshold of +/-5 percent (or more), Pacific Southwest agencies are currently offering Fitness Enhancement Classes, Health & Wellness Education, Aquatics, Safety Training, Martial Arts, Trips and Tours, Performing Arts, Cultural Crafts, and Visual Arts at a higher rate than the national average, while Natural & Cultural History Activities and Running / Bicycle Races are below average.

Core Program Areas Offered by Parks and Recreation Agencies (percent of agencies)
Themed Special Events
Team Sports
Social Recreation Events
Fitness Enhancement Classes
Health & Wellness Education
Aquatics
Safety Training
Martial Arts
Trips & Tours
Individual Sports
Racquet Sports
Performing Arts
Cultural Crafts
Visual Arts
Natural & Cultural History Activities
Golf
Running/Cycling Races
48 of 60
·.:::::::::::::::::::::::::::::::::::::::::::::::::-91% 88% ·.::::::::::::::::::::::::::::::::::::::::::::::::.-90% 87% 82%
81%
90%
87%
89%
88%
::::::::::::::::::::::::::::::::::::::---83% 71%
:::::::::::::::::::::::::::::::::::::::::--78% 72%
75%
60%
::::::::::::::::::::::::::::::::::::--· 72% 63%
·.:::::::::::::::::::::::::::::::::::::::-70% 74%
•·:::::::::::::::::::::::::::::::::::::.-70% 67%
•·:::::::::::::::::::::::::::::::::::.--69% 64%
::::::::::::::::::::::::::::::::::.--67% 61%
·.::::::::::::::::::::::::::::::::.--64% 59%
• ·::::::::::::::::::.■•■ .................. _5-4% 59%
-------------46% -------------■ 47%
---------30% ----------35% 0% 10% 20% 30% 40% 50% 60% 70% 80% ■ Pacific Southwest ■ U.S.
90% 100%
43 pros-J,'f>
consuttiQg
January 18, 2022, Item #15

CITY OF POWA V
Targeted Programs for Children, Older Adults, and People with Disabilities For a better understanding of targeted programs (programs that cater to a specific age segment, demographic, etc.), NRPA also tracks program offerings that are dedicated specifically to children, older adults (seniors), and people with disabilities. This allows for further analysis of these commonly targeted populations on a national and regional basis.

Based on information reported to the NRPA, the top three targeted programs offered by park and recreation agencies, nationally and regionally, are described in the table below, followed by a chart that shows the complete comparison of regional and national targeted program offerings.

Top 3 Most Offered Core Program Areas
(Targeting Children, Seniors, and/or People with Disabilities) Pacific Southwest (% of agencies offering)
r----------------------------------~-----
U.S. (% of agencies offering)
• Summer Camp (92%) • Summer Camp (83%)
• Senior Programs (84%) • Senior Programs (78%)
• Teen Programs (82%) • Teen Programs (65%)
Agencies in the Pacific Southwest Region tend to offer targeted programs above the national average rate. Pacific Southwest agencies are currently offering Summer Camps, Senior Programs, Teen Programs, After School Programs, Programs for People with Disabilities, Preschool, and Before School Programs at a significantly higher rate than the national average.

Core Program Areas Targeted for Children, Seniors, and/or People with Disabilities (precent of agencies)
Summer Camp
83%
Specific Senior Programs 84%
Specific Teen Programs
After School Programs
Programs for People with Disabilities
49 of 60
STEM Programs
Preschool
Before School Programs
10%
Full Daycare -S¾
0% 10%
36%
26%
20%
20% 30% 40%
■ Pacific Southwest ■ U.S.
44 49%
50%
57%
54%
54%
60%
78%
82%
65%
71%
69%
62%
70% 80% 90%
92%
100%
January 18, 2022, Item #15

POWAY COMMUNITY PARK NEEDS ASSESSMENT
APPENDIX C -CORE VS. CASUAL PARTICIPATION TRENDS

GENERAL SPORTS
National Core vs Casual Participatory Trends -General Sports Activity Participation Levels
2014 2018
# % # %
Basketball 23,067 100% 24,225 100%
Casual (1-12 times) 7,321 32% 9,335 39%
Core{l3+ times) 15,746 68% 14,890 61%
Golf (9 or 18-Hole Course) 24,700 100% 24,240 100%
Tennis 17,904 100% 17,841 100%
Baseball 13,152 100% 15,877 100%
Casual (1-12 times) 4,295 33% 6,563 41%
Core (13+ times) 8,857 67% 9,314 59%
Soccer (Outdoor) 12,592 100% 11,405 100%
Casual (1-25 times) 6,622 53% 6,430 56%
Core (26+ times) 5,971 47% 4,975 44%
Softball (Slow Pitch) 7,077 100% 7,386 100%
Casual (1-12 times) 2,825 40'6 3,281 44%
Core(13+ times) 4,252 60% 4,105 56%
Football, Fla2 5,508 100% 6,572 100%
Casual ( 1-12 times) 2,838 52% 3,573 54%
Core{l3+ times) 2,669 48% 2,999 46%
Core Age 6 to 17 (13+ times) 1,178 52% 1,578 54%
Volleyball (Court) 6,304 100% 6,317 100%
Casual (1-12 times) 2,759 44% 2,867 45%
Core(13+ times) 3,545 56% 3,450 55%
Badminton 7,176 100% 6,337 100%
Casual (1-12 times) 5,049 70% 4,555 72%
Core{l3+ times) 2,127 30% 1,782 28%
Football, Touch 6,586 100% 5,517 100%
Casual (1-12 times) 3,727 57% 3,313 60%
Core{l3+ times) 2,859 43% 2,204 40'6
Soccer (Indoor) 4,530 100% 5,233 100%
Casual {1-12 times) 1,917 42% 2,452 47%
Core(13+ times) 2,614 58% 2,782 53%
Football, Tackle 5,978 100% 5,157 100%
Casual (1-25 times) 2,588 43% 2,258 44%
Core(26+ times) 3,390 57% 2,898 56%
Core Age 6 to 17 (26+ times) 2,590 43% 2,353 44%
Gvmnastics 4,621 100% 4,770 100%
Casual ( 1-49 times) 2,932 63% 3,047 64%
Core(50+ times) 1,689 37% 1,723 36%
Volleyball (Sand/Beach) 4,651 100% 4,770 100%
Casual ( 1-12 times) 3,174 68% 3,261 68%
Core{l3+ times) 1,477 32% 1,509 32%
NOTE: Participation figures are in OOO's for the US o ulation ages 6 and over Participation Growth/Decline
llloderale lncNM•
(1)11,to25"'>
Core vs Casual Distribution
More Core Participants (56-
74%)
50 of 60 45
% Change
2019 5-Year Trend 1-Year Trend # %
24,917 100% 8.0% 2.9"
9,669 39% 3.6%
15,248 61% -3.2% 2.4"
24,271 100% -1.7% 0.1"
17,684 100% -1.2% -0.9%
15,804 100% 20.2% -0.5%
6,655 42% 1.4"
9,149 58% 3.3" -1.8%
11,913 100% -5.4% 4.5"
6,864 58% 3.7% 6.7%
5,050 42% -15.4% LS%
7,071 100% -0.1% -4.3%
3,023 43% 7.0% -7.9%
4,048 57% -4.8% -1.4%
6,783 100% 23.1" 3.Z"
3,794 56%
~

6.2"
2,989 44% -0.3%
1,590 56'6 0.8"
6,487 100% Z.9" 2.7"
2,962 46% 7.4" 3.3"
3,525 54% -0.6% 2.2"
6,095 100% -15.1% -3.8%
4,338 71% -14.1% -4.8%
1,756 29% -17.4% -1.5%
5,171 100% -21.5% -6.3%
3,065 59% -17.8% -7.5%
2,105 41% -4.5%
5,336 100% 17.8" 2.0%
2,581 48% 5.3%
2,755 52% 5.4" -1.0%
5,107 100% -14.6% -1.0%
2,413 47% -6.8% 6.9"
2,694 53% -20.5% -7.0%
2,311 47% -10.8% -1.8%
4,699 100% 1.7" -1.5%
3,004 64% 2.5% -1.4%
1,695 36% 0.4% -1.6%
4,400 100% -5.4% -7.8%
2,907 66% -8.4% -10.9%
1,493 34% 1.1" -1.1%
Mo .. •<•D=•~• ~ (0%10 -25%1
EvenlyDivided(45-55%Core More Casual ::..,~-
and CasuaQ Participants (56-74'11,) . i ., ... ,
pros-J,';>
consultit)g
January 18, 2022, Item #15

CITY OF POWA V

GENERAL SPORTS (CONTINUED)
----
National Core vs Casual Participatory Trends -General Sports Activity Participation Levels % Change
2014 2018 2019 5-Year Trend 1-Year Trend
Track and Field 4,105 100% 4,143 100% 4,139 100% -0.1%
Casual (1-25 times) 1,797 44% 2,071 50% 2,069 50% 15.1% -0.1% Core(26+ times) 2,308 56% 2,072 50°/4 2,070 50% -10.3% -0.1% Cheerleadin 3,456 100% 3,841 100% 3,752 100%
Casual (1-25 times) 1,841 53% 2,039 53% 1,934 52%
Core(26+ times) 1,615 47% 1,802 47% 1,817 48%
Pickleball 2,462 100% 3,301 100% 3,460 100%
Casual (1-12 times) 1,459 59% 2,011 61% 2,185 63%
Core(13+ times) 1,003 41% 1,290 39% 1,275 37%
Rae uetball 3,594 100% 3,480 100% 3,453 100% -3.9% -0.8% Casual (1-12 times) 2,435 68% 2,407 69% 2,398 69% -1.5% -0.4% Core(13+ times) 1,159 32% 1,073 31% 1,055 31% -9.0% -1.7% Ice Hockey 2,421 100% 2,447 100% 2,357 100% -2.6% -3.7% Casual {1-12 times) 1,129 47% 1,105 45% 1,040 44% -7.9% -5.9% Core(13+ times) 1,292 53% 1,342 55% 1,317 56% 1.9% -1.9% Ultimate Frisbee 4,530 2,710 100'/4 2,290 100% -15.5%
Casual (1-12 times) 3,448 1,852 68% 1,491 65% -19.5%
Core(13+ times) 1,082 858 32% 799 35% -6.9%
Softball (Fast Pitch) 2,424 2,303 100% 2,242 100% -7.5% -2.6% Casual (1-25 times) 1,158 48% 1,084 47% 993 44% -14.2% -8.4% Core(26+ times) 1,266 52% 1,219 53% 1,250 56% -1.3% 2.5% Lacrosse 2,011 100% 2,098 100'/4 2,115 100% o.

Casual (1-12 times) 978 49% 1,036 49% 1,021 48% 4.4% -1.4% Core(13+ times) 1,032 51% 1,061 51% 1,094 52% 6.0% 3.1% Wrestlin 1,891 100% 1,908 100% 1,944 9"
Casual {1-25 times) 941 50% 1,160 61% 1,189 .5%
Core{26+ times) 950 50% 748 39% 755 0.9%
Roller Hockey 1,736 100% 1,734 1,616 -6.8%
Casual (1-12 times) 1,181 68% 1,296 1,179
Core(13+ times) 555
Boxin for Competition 1,278
Casual (1-12 times) 1,074
Core(13+ times) 204
Ru by 1,276
Casual (1-ltimes) 836
Core(B+ times) 440 562 36% 557 -0.9%
S uash 1,285 100% 1,222 -4.9%
Casual (1-ltimes) 796 62% 747 -6.2%
Core(B+ times) 489 38% 476 39% -2.7%
NOTE: Participation figures are i
Participation Growth/Decline Moderate Inc-• Moderate Decrease <O"to~ (0%to -25%)
Core vs Casual Distribution
Mo re Core Participants (56-Evenly Divided (45-55% Co re 74%) and Casual)
51 of 60 46
January 18, 2022, Item #15
POWAY

COMMUNITY
PARK
NEEDS

ASSESSMENT

GENERAL

FITNESS
I
-
-
.
-
-
'.

National
Core
vs
Casual
Participatory
Trends
-General
Fitness
Participation
Levels
Activity
2014
2018
#
%
#
%
Fitness
Walking
112,583
100°/4
111,001
100°/4
Casual
(1-49
times)
35,694
32%
36,139
33%
Core(SO+
times)
76,889
68%
74,862
67%
Treadmill
50,241
100°/4
53,737
100°/4
Casual
(1-49
times)
22,525
45%
25,826
48%
Core(SO+
times)
27,716
55%
27,911
52%
Free
Weights
(Dumbbells/Hand
Weights)
56,124
100°/4
51,291
100%
Casual
(1-49
times)
18,195
32%
18,702
36%
Core(SO+
times)
37,929
68%
32,589
64%
Running/Jogging
51,127
100°/4
49,459
100°/4
Casual
(1-49
times)
23,083
45%
24,399
49%
Core(SO+
times)
28,044
55%
25,061
51%
Stationary
Cycling
(Recumbent/Upright)
35,693
100°/4
36,668
100°/4
Casual
(1-49
times)
18,255
51%
19,282
53%
Core(SO+
times)
17,439
49%
17,387
47%
Weight/Resistant
Machines
35,841
100%
36,3n
100°/4
Casual
(1-49
times)
14,590
41%
14,893
41%
Core(SO+
times)
21,250
59%
21,479
59%
Elliptical
Motion/Cross
Trainer
31,826
100°/4
33,238
100°/4
Casual
(1-49
times)
15,379
48%
16,889
51%
Core(SO+
times)
16,448
52%
16,349
49%
Yoga
25,262
100°/4
28,745
100°/4
Casual
(1-49
times)
14,802
59%
17,553
61%
Core(SO+
times)
10,460
41%
11,193
39%
Free
Weights
(Barbells)
25,623
100°/4
27,834
100°/4
Casual
(1-49
times)
9,641
38%
11,355
41%
Core(SO+
times)
15,981
62%
16,479
59%
Dance,
Step,
Choreographed
Exercise
21,455
100°/4
22,391
100°/4
Casual
(1-49
times)
13,993
65%
14,503
65%
Core(SO+
times)
7,462
35%
7,888
35%
Bodyweight
Exercise
22,390
100°/4
24,183
100°/4
Casual
(1-49
times)
8,970
40%
9,674
40%
Core(SO+
times)
13,420
60%
14,509
60%
NOTE
: Participation
figures
are
in
OOO's
for
the
US
population
ages
6 and
over
Participation
Growth/Decline
Moderale
rnc-e
(~to25'6)
Core
vs
Casual
Distribution
More
Core
P
■rtic1pant
s
(56-
74%)
52 of
60 47
%
Change
2019
5-YearTrend
1-YearTrend
#
%
111,439
100%
-1.0%

0.4"
36,254
33%

1.6%

0.3%
75,185
67%
-2.2%

0.4%
56,823
100°/4

13.1%

5.7"
28,473
50%

10.2%
28,349
50%

2.3%

1.6%
51,450
100°/4
-8.3%

0.3"
19,762
38%

8.6%

5.7"
31,688
62%
-16.5%
-2.8%
50,052
100%
-2.1%
L2"
24,972
50%

8.2%

2.3%
25,081
50%
-10
.6%

0.1%
37,085
100°/4

3.9%
L1"
19,451
52%

6.6%

0.9"
17,634
48%

1.1%

1.4%
36,181
100°/4

0.9%
-0.5%
14,668
41%

0.5%
-1.5%
21,513
59%

1.2%

0.2%
33,056
100°/4

3.9%
-0.5%
17,175
52%

11.7%

1.7%
15,880
48%
-3.5%
-2.9%
30,456
100°/4
Z0.6"

6.0%
18,953
62 %

8.0%
11,503
38%

10.0%

2.8"
28,379
100%

10.8"

2.0%
11,806
42%

22.5%

4.0%
16,573
58%

3.7%

0.6%
23,957
100°/4

11.7%

7.0%
16,047
67%

14.7%

10.6%
7,910
33%

6.0%

0.3%
23,504
100°/4

5.0%
-2.8"/4
9,492
40%

5.8%
-1.9%
14,012
60%

4.4%
-3
.4%
M,a,,..
,D~•-
•
~
(0%
to
-25
%)
Evenly
Divided
(45
-55%Core
M
oreC•ual
lt.~'c.i.-i
P~
and
Casual)
P■rtic1pa
nts (56-
74%)
• )
~~~
,,
,,,
pros
~,';>
consu/tiQg
January 18, 2022, Item #15
CITY
OF
POWAY

GENERAL

FITNESS
(CONTINUED)
-
:

National
Core
vs
Casual
Participatory
Trends
-General
Fitness
Participation
Levels
%
Change
Activity
2014
2018
2019
5-YearTrend
1-Year
Trend
#
%
#
%
#
%
Aerobics
(High
Impact/
Intensity
Training)
19,746
100%
21,611
100°/4
22,044
100%
1L6%
Z.0%
Casual
(1-49
times)
10,242
52%
11,828
55%
12,380
56%

20.9%

4.7"
Core(SO+
times)
9,504
48%
9,783
45%
9,665
44%

1.7%
-1.2%
Stair
Climbing
Machine
13,216
100°/4
15,025
100°/4
15,359
100°/4

16.2"
Z.2"
Casual
(1-49
times)
7,679
58%
9,643
64%
10,059
65%

4.3%
Core(SO+
times)
5,537
42%
5,382
36%
5,301
35%
-4
.3%
-1.5%
Cross-Training
Style
Workout
11,265
100%
13,338
100°/4
13,542
100°/4

20.2%

1.5%
Casual
(1-49
times)
5,686
50%
6,594
49%
7,100
52%

24.9%

7.7"
Core{SO+
times)
5,579
50%
6,744
51%
6,442
48%

15.5%
-4
.5%
Trail
RunninJ[
7,531
100°/4
10,010
100°/4
10,997
100%

9.9"
Stationary
Cycling
(Group)
8,449
100°/4
9,434
100°/4
9,930
100°/4

17.5%

5.3%
Casual
(1-49
times)
5,353
63%
6,097
65%
6,583
66%

23.°"

8.°"
Core{SO+
times)
3,097
37%
3,337
35%
3,347
34%

8.1"

0.3%
Pilates
Training
8,504
100°/4
9,084
100°/4
9,243
100%

8.7"

1.8%
Casual
(1-49
times)
5,131
60%
5,845
64%
6,074
66%

18.4"

3.9%
Core(SO+
times)
3,373
40%
3,238
36%
3,168
34%
-6.1%
-2.2%
Cardio
Kickboxlng
6,747
100°/4
6,838
100°/4
7,026
100°/4

4.1"
Z.7"
Casual
{1-49
times)
4,558
68%
4,712
69%
4,990
71%

9.5%

5.9%
Core(SO+
times)
2,189
32%
2,126
31%
2,037
29%
-6.9%
-4.2%
Boot
Camp
Style
Training
6,774
100°/4
6,695
100°/4
6,830
100°./4

0.8%
Z.0%
Casual
{l-49
times)
4,430
65%
4,780
71%
4,951
72%
1L8"

3.6%
Core(SO+
times)
2,344
35%
1,915
29%
1,880
28%
-19.8"/4
-1.8%
Martial
Arts
5,364
100°/4
5,821
100°/4
6,068
100%

4.2"
Casual
(1-12
times)
1,599
30%
1,991
34%
2,178
36%

9.4%
Core(13+
times)
3,765
70%
3,830
66%
3,890
64%

3.3%
1 i%
Boxing
for
Fitness
5,113
100°/4
5,166
100°/4
5,198
100%

1.7"

0.6%
Casual
{1-12
times)
2,438
48%
2,714
53%
2,738
53%

12.3"

0.9%
Core(13+
times)
2,675
52%
2,452
47%
2,460
47%
-8.0%

0.3%
Tai
Chi
3,446
100°/4
3,761
100°/4
3,793
100°./4

10.1"

0.9"
Casual
{l-49
times)
2,053
60%
2,360
63%
2,379
'II
15,9"
(.
1%
Core{SO+
times)
1,393
40%
1,400
37%
1,414
37%

1.5%

1.°"
Barre
3,200
100°/4
3,532
100°/4
3,665
100°/4

14.5%

3.8"
Casual
(1-49
times)
2,562
II
2,750
Ill
2,868
-

11.9"
.::i%
Core(SO+
times)
638
782
797
2 ,9"
__ 9%
Triathlon
(Traditional/Road)
2,203
100'
2,168
l00"11t
2,001
100'
-
.7"/4
Triathlon
(Non-Traditional/Off
Road)
1,411
100°/4
1,589
100°/4
1,4n
100°/4

4.3%
-7.4%
NOTE:

Participation
figures
are
in
OOO's
for
the
US
popul
tion
ag
s 6
and
over
Participation
Growth/Decline
Modenltelncnae
•oa-,o~•n•
~
(°"to25'61
(0%to-25%)
Core
vs
Casual
Distribution
More
Cor
e Partlcrpant
a (56-
EvenlyD
ivided(45-55%Core
More
Casual
-
-~
:~
74%)
and
Casual)
Partrcrpant
a (56-74%)
~
-•
,.
<t;;,
~,.
!f
53 of
60 48
January 18, 2022, Item #15
POWAY

COMMUNITY
PARK
NEEDS

ASSESSMENT

OUTDOOR/

ADVENTURE

RECREATION
,
National
Core
vs
Casual
Participatory
Trends
-Outdoor/
Adventure
Recreation
Activity
2014
2018
2019
#
%
#
%
#
%
36,222
100"/4
47,860
100"/4
49,697
39,725
100"/4
39,041
100"/4
39,
Casual
{1-25
times)
19,269
49%
20,777
53%
20,796
Core(26+
times)
20,456
51%
18,264
47%
18,592
47%
Fishin
Freshwater
37,821
100"/4
38,998
100°/4
39,185
100"/4
Casual
(1-ltimes)
19,847
52%
21,099
54%
20,857
53%
Core(B+
times)
17,973
48%
17,899
46%
18,328
cam
in
(<
1/4
Mile
of
Ve
hide/Home)
28,660
100"/4
27,416
100"/4
28,183
Cam
in
(Recreational
Vehide)
14,633
100°/4
15,980
100"/4
15,426
Casual
{1-7
times)
9,103
57%
8,420
Core(B+
times)
6,877
Fishin
(Saltwater)
Casual
(1-ltimes)
13,179 10,101 8,044
Casual
(1-12
times)
3,707
Core(13+
times)
4,336
Arche
Casual
(1-25
times)
Core(26+
times)
Fishin
(Fl
)
Casual
(1-7
times)
Core(B+
times)
2,204
2,479
36%
2,521
Skateboardin
6,582
100"/4
6,500
100"/4
6,610
Casual
(1-25
times)
8 2
%
3,989
61%
4,265
Core(26+
times)
2,700
41%
2,511
39"
2,345
Roller
Skatin
ln-Une
6,061
100°/4
5,040
100°/4
4,816
100"/4
Casual
(1-12
times)
4,194
69"
3,680
73%
3,474
72%
Core{13+
times)
1,867
31%
1,359
27"
1,342
2,350
100°/4
3,439
100°/4
3,648
Casual
(1-12
times)
1,205
51%
2,052
60%
2,257
Core(13+
times)
1,145
49%
1,387
40%
Climbin
(Traditional/lce/Mountaineerin
)
2,457
100°/4
2,541
100"/4
2,368
100°/4
2,215
100"/4
Casual
(1
times)
1,004
42%
581
26%
Core(2+
times)
1,365
1,595
NOTE:

Participation
fi
ures
are
in
OOO's
for
the
U
Participation
Growth/Decline
Moc1eratelncree1e
M
oder
■te
Decrease
(0..to~
(0%10
-25%)
Core
vs
Casual
Distribution
M
ore
Co
re
P1rticip1
nt
1 (56-
Evenly
Divided
(45-55%Core
74~)
and
Casual)
54 of
60 49

2.0% 16.5" -0
.8%
-11.7% -10
.1%
-17.2%
1-Year
Trend
-4.4% -5
.6%
-5.5% -2.4%
pros
~'f>
consultiQg
January 18, 2022, Item #15

CITY OF POWAY

AQUATICS
l . -.
;1 National Core vs Casual Participatory Trends -Aquatics Activity 2014 2018 2019
# % # % # %
Swimming (Fitness) 25,304 100% 27,575 100% 28,219 100%
Casual (1-49 times) 16,459 65% 18,728 68% 19,480 69%
Core(SO+ times) 8,845 35% 8,847 32% 8,739 31%
Aquatic Exercise 9,122 100% 10,518 100% 11,189 100"/4
Casual (1-49 times) 5,901 65% 7,391 70% 8,006 72%
Core(SO+ times) 3,221 35% 3,127 30% 3,183 28%
Swimming (Competition) 2,710 100% 3,045 100% 2,822 100% Casual (1-49 times) 1,246 46% 1,678 55% 1,529 54%
Core(SO+ times) 1,464 54% 1,367 45% 1,293 46%
NOTE: Participation figures are in 000's for the US population ages 6 and over Participation Growth/Decline
Core vs Casual Distribution

WATER SPORTS/ ACTIVITIES
Moderate tnae■1e
I°" to 25"1
Moderate Decrease
(0% to-25%)
More Core Participants (56-Evenly Divided (45-55% Core
74") and Casual)
' National Core vs Casual Participatory Trends -Water Sports/ Activities i
Activity 2014 2018 2019
# % # % # %
Kayaking (Recreational) 8,855 100% 11,017 100% 11,382 100"/4 Canoeing 10,044 100% 9,129 100% 8,995 100"/4
Snorkeling 8,752 100% 7,815 100% 7,659 100%
Casual (1-7 times) 6,935
•
6,321
■
6,192
fl Core(B+ times) 1,818 1,493 1,468
Jet Skiing 6,355 100% 5,324 100% 5,108 100%
Casual (1-7times) 4,545 72% 3,900 73% 3,684 72%
Core(B+ times) 1,810 28% 1,425 27% 1,423 28%
Sailing 3,924 100% 3,754 100% 3,618 100%
Casual (1-7times) 2,699 69% 2,596 69% 2,477 68%
Core(B+ times) 1,225 31% 1,159 31% 1,141 32%
Stand-Up Paddling 2,751 100% 3,453 100% 3,562 100%
Rafting 3,781 100% 3,404 100% 3,438 100"/4
Water Skiing 4,007 100"/4 3,363 100% 3,203 100"/4
Casual (1-7 times) 2,911 73% 2,499 74% 2,355 74%
Core(B+ times) 1,095 27% 863 26% 847 26%
Surfing 2,721 100% 2,874 100% 2,964 100%
Casual (1-7 times) 1,645 60% 1,971 69% 2,001 68%
Core(B+ times) 1,076 40% 904 31% 962 32%
Wake boarding 3,125 100% 2,796 100% 2,729 100"/4
Casual (1-7times) 2,199 70% 1,900 68% 1,839 67%
Core(B+ times) 926 30% 896 32% 890 33%
Scuba Diving 3,145 100% 2,849 100% 2,715 100"/4
Casual (1-7 times) 2,252 72% 2,133 "~I 2,016 74%
Core(B+ times) 893 28% 716 •• 699 26%
Kayaking (Sea/Touring) 2,912 100% 2,805 100% 2,652 100% Kayaking (White Water) 2,351 100% 2,562 100% 2,583 100% Boardsailing/Windsurfing 1,562 100% 1,556 100% 1,405 100% Casual (1-7 times) 1,277 82% 1,245 'ft: 1,112 ~i
Core(B+ times) 285 18% 310 .20K, 292 21tl1
NOTE: Participation figures are in OOO's for the US population a es 6 and over Participation Growth/Decline (°"to 25,.. (0%to -25%)
5-Year Trend 1-Year Trend

11.5" 2.3"

18.4% 4.0%
-1.2% -1.2%

22.7" 6.4"

8.3%
-1.2% 1.8%

4.1" -7.3%

22.7% -8.9%
-11.7% -5.4%
5-YearTrend 1-YearTrend

3.3"
-10.4% -1.5%
-12.5% -2.0%
-10.7% -2.0%
-19.3% -1.7%
-19.6% -4.1%
-18.9% -5.5%
-21.4% -0.1%
-7.8"/4 -3.6%
-8.2% -4.6%
-6.9% -1.6%

3.2"
-9.1% LO%
-20.1% -4.8"/4
-19.1% -5.8%
-22.6% -1.9%

8.9% 3.1"

21.6% 1.5%
-10.6% 6.4%
-12.7% -2.4%
-16.4% -3.2%
-3.9% -0.7%
-13.7% -4.7%
-10.5% -5.5%
-21.7% -2.4%
-8.9% -5.5%

9.9% 0.8"
-10.1% -9.7%
-12.9% -10.7%

2.5% -5.8%
Core vs Casual Distribution
··--....... ,~-·· ~
MoreCorePartic,pants(56-EvenlyDrv1ded(45-55%Core MoreCasualPartic1pant1 Molli,c.utlP .... 74'111) and Casual) (56-74'111) {11911trtflllln,lt
55 of 60 50
January 18, 2022, Item #15

POWAY COMMUNITY PARK NEEDS ASSESSMENT

APPENDIX D -PUBLIC INPUT MEETING POLL RESULTS
HOW MANY PEOPLE ARE PARTICIPATING WITH YOU IN THIS VIRTUAL MEETING? Three out of every ten participants attended
the meeting with at least one other person
with them.

HOW OFTEN DO YOU USE COMMUNITY PARK?
Over half of participants use Community Park
at least weekly (52%). Only five percent said
they do not use the park at all.

Virtual Meeting Participants
70%
Just myself One other person Two other people Three or more people
Visitation Frequency
52%
1%
At least At least At least 6 At least two Once per I do not use weekly monthly times per to five times year or less it
year per year
DO YOU LIVE WITHIN A 10-MINUTE WALK TO COMMUNITY PARK?
Approximately 62 percent of participants
indicated they do not live within a 10-minute
walk of Community Park.
56 of 60 51
10-Minute Walk
■Yes
■No
prOS-i,';>
consu/ti,Qg
January 18, 2022, Item #15
I

CITY OF POWA V
WHICH PARK AMENITIES DO YOU USE REGUARLY?
"Trails and pathways" (71%) were the most
regularly used amenity by public input meeting
attendees, followed by "playground" (48%) and
"dog park" (33%).

Regularly Used Park Amenities
Trails and pathways
Playground
Dog Park
Swim Center
Picinic areas
Athletic Fields
Sports courts
Skate Park
Other
------------· 71% 48%
110%
5~
24r
24'(o
i 24%
19%
I !
33%
HOW WOULD YOU RATE THE OVERALL QUALITY OF COMMUNITY PARK AND ITS AMENITIES? More than four out of five attendees rated the
overall quality of Community Park and its
amenities as "good" or above. Only five
percent rated them as "poor."
HOW DO YOU TRAVEL TO COMMUNITY PARK?
By a substantial margin, "I drive" (71 %) was
the most preferred method of transportation
to Community Park by attendees. This
correlates with the high percentage of
attendees who do not live within a 10-minute
walk of the park.
57 of 60
Excellent
71%
I drive
52 Overall Quality of Park and
Amenities
Good Fair Poor
Travel
19% 19%
0%
I do not use
I bike,
skateboard or
scooter
I walk I carpool I do not go to I use transit
Community
Park
January 18, 2022, Item #15

POWAY COMMUNITY PARK NEEDS ASSESSMENT

WHAT ARE THE THREE MOST PREFERRED WAYS TO LEARN ABOUT COMMUNITY PARK'S PROGRAMS, EVENTS, FACILITIES, AND AMENITIES?
The top three preferred ways to learn
about what Community Park has to
offer were the Poway Chieftain (55%),
Facebook (45%), and Email (45%).

Most Preferred Communication
Poway Chieftain
Facebook
Email
Website
Community Services Guide
Word of mouth
lnstagram
Nextdoor
Other
-
~
-~5%
-;
_Jo%
I
I
i
7 19%
I ; I
1 i l
! 451
45''-'o
!
41%
I
3S%
I
I I
18%
:
!
'
I i
!
I
55'¼

WHAT IS THE LARGEST BARRIER THAT PREVENTS YOU FROM USING COMMUNITY PARK MORE OFTEN?
Lack of amenities (27%) was the most
selected barrier by participants,
followed by I am too busy (18%), lack
of parking (14%), and lack of restrooms
(14%). "I do not feel welcome" and
"lack of accessibility" both received
zero votes.
58 of 60
Largest Participation Barrier
Lack of amenities
I am too busy
Lack of parking
Lack of restrooms
I do not feel safe
Lack of signage
Too far from residence
I do not feel welcome
Lack of accessibility
Other
53 -I
i
1 !
I
~k% -Is%
!
is%
0 10%
.J
I
' !
l
1f%
1k%
i
1 I
14%
i
i
r
18¾
pros-J,';>
consultiQg
January 18, 2022, Item #15

CITY OF POWA V
WHICH THREE AMENITIES ARE YOU AND MEMBERS OF YOUR HOUSEHOLD MOST INTERESTED IN? The top three types of amenities participants and
members of their household would be the most
interested in are "trails, fitness trails and
pathways" (67%), "playgrounds" (52%) and
"pool/water features" (38%).

Amenities-Most Interested
Trails, fitness trails and pathways
Playgrounds
Pool/Water Features
Dog Park
Sports courts
Picinic areas
Skate park
Open space
Sports fields
Other
-------· 67% 5~% I
:38°0
I I
---29o/y
---2~% 19J ,
1•1 I
19%
'

WHAT ARE THE THREE MOST IMPORTANT IMPROVEMENTS THE CITY OF POWAY CAN MAKE AT COMMUNITY PARK OVER THE NEXT 10 YEARS?
The top three most important improvements
participants would be interesting in adding to
existing parks over the next 10 years are "expand
walking paths/trails" (62%), "more shade
structures/trees" (52%), and "innovative, all
ability playgrounds" (52%).
10-Year Improvements
Expand walking paths/trails
More shade structures/trees
Innovative, all ability playgrounds
Improve and expand restroom facilities
Improve ADA accessibility
New or upgrade sports fields
New or upgrade skate park
New or upgrade sports courts
More parking
Improve signage
7 !
.....19%
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29%
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52%
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62 0

PLEASE RATE YOUR SATISFACTION WITH THE OVERALL VALUE YOU RECEIVE FROM COMMUNITY PARK?
Nearly 72 percent of participants were
"somewhat satisfied" or above with the overall
quality at Community Park. Only five percent
were "somewhat dissatisfied" and there were no
selections for "very dissatisfied".
59 of 60 54
Overall Satisfaction-Community
Park Value
5%
-
0% 0%
Very Somewhat Neutral Somewhat Very Don't Know
Satisfied Satisfied Dissatisfied Dissatisfied
January 18, 2022, Item #15
POWAY

COMMUNITY
PARK
NEEDS

ASSESSMENT

APPENDIX
E
-PUBLIC
INPUT

MEETING
CHAT

COMMENTS
•
Love
to
see
gardens
added
to
the
park.
especially
since
the
community
center
is
there
to
be
able
to
host
or
help
maintain.
•
Garden
space.
but
community
garden
is
a
good
idea
too.

I know
there
is
a
couple
garden
clubs
in
Poway
that
could
benefit
from
a
space.
•
Planting
more
natives
plants
and
butterfly
gardens
is
great.
•
Hello,
resident
here
for
about
4 years.

Looking
forward
to
hearing
about
the
park
plans
and
appreciate
you
putting this
on.
•
Me,
my
wife,
and
my
two
daughters
are
participating
tonight.

My
kids
are
big
fans
of
BMX
and
would
like
to
see
a
BMX
track
in
Poway.
• I
would
like
to
add
playing
near
the
creek
to
activities
•
Thanks
Neelay
and
David.

My
family
would
love
to
see
a
BMX
track
at
Community
Park
or
anywhere
else
in
Poway.

The
sport
of
BMX
is
fun,
family-friendly
and
fast-growing.

Unfortunately,
there
are
no
tracks
in
North
County.

Poway
residents
would
be
well
served
with
a
track
in
the
model
of
"San
Diego
BMX"
in
Kearny
Mesa
that
features
programming
including
racing.
•
General
upgrading
and
upkeep
for
the
look.

Chain
link
fences
are
not
so
nice
looking.
•
ADA
accessibility
is
not
just
a
want,
but
a
must
I think.
• I
think
it's
really
important
to
differentiate
between
a
skate
park,
which
Community
Park
already
has,
and
a
BMX
track.

The
skate
park
is
a
concrete
area
without
organized
programming
while
a
BMX
track
is
a
dirt
track
with
organized
practices,
classes,
and
races.
•
Would
love
to
make
it
more
upscale
to
match
the
aesthetic
of
the
City
Hall,
Lilac
Courtyard,
Library
60 of
60 55
pros
~,';
>
consuttiQg

Poway City CouncilJanuary 18, 2022

Poway City Council
January 18, 2022