AGENDA Poway City Council
Council Chamb er I 13325 Civic Center Drive I Poway , CA I 92064 April 19, 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.
Meetings 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/councilmeetings
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
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PLEASE NOTE: If you wish to participate, please
also read the Speakers section for detailed
instructions as it has changed.
REMOTE SPEAKERS: If viewing online 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
Council member
Caylin Frank
Council member
Barry Leonard
Council member
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.
Technical 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.aspx to receive email notifications when City Council agendas are published on line. 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 disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modificat ion 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:
Poway Chamber of Commerce Update
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general pub lic for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.
Speakers have one opportunity to address the Council under Public Comment. 2 of 4 Regular City Council Meeting April 19, 2022
CONSENT CALENDAR : The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmembe r, a member of the publ ic, or City Manager requests that an item be removed for discussion .
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the March 1, 2022 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 Lease Agreement with Moon Valley Nurseries Inc., an Arizona Corporation, for the Use of City-owned Property Near Highland Valley Road
5. Award of Agreement to The Arc of San Diego for Parks Ground Maintenance Services
6. Rejection of Received Bid for the Caustic Soda Tank Rehabilitation Project; Bid No. 22-005, and Direction to Staff to Re-scope and Re-advertise the Project
7. Award of Contract to Wright Construction Engineering Corp. for the Springvale and Carlson Channel Rehabilitation Project; Bid No. 22-006 and Appropriation of Additional Funds ORDINANCES FOR INTRODUCT ION :
8. Ordinance to Amend Poway Municipal Code Chapter 17.40 (Comprehensive Sign Regulations) City Manager's Recommendation: It is recommended that the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for May 3, 2022.
ORDINANCES FOR ADOPTION:
9. Second Reading and Adoption of Ordinance No. 855 entitled "Ordinance of the City Council of the City of Poway, California, Pursuant to Section 16.16.110 of the Poway Municipal Code Concerning Relinquishment of Open Space (APN 317-534-43)."
City Manager's Recommendation: It is recommended that the City Council adopt Ordinance No. 855.
PUBLIC HEARINGS:
10. Resolution Adopting the TransNet Local Street Improvement Program List of Projects for Fiscal Years 2022-23 through 2026-27
City Manager's Recommendation: It is recommended that the City Council 1) Take public input, close the public hearing and adopt the Resolution; and 2) Amend the FY 2021-22 Capital Improvement Program Budget to reflect an increase in projected TransNet revenue of $236,000 and appropriate those funds to the following projects: a. $94,100 (Fund 2230) to the Neighborhood Sidewalks project (STR0012); b. $141,900 (Fund 2240) to the FY 2022-23 Annual 3 of 4 Regular City Council Meeting April 19, 2022
Street Maintenance project (ST0xx) as projected rollover funds; and 3) Transfer the following RTIP funding as follows: a. ($74,611) (Fund 2230) from the Annual Street Overlay project (ST019) b. $74,611 (Fund 2240) to the FY 2022-23 Annual Street Maintenance project (ST0xx) as projected rollover funds.
STAFF REPORTS:
11. Pre-Development Conference 22-002; a Request for Review of a Proposal to Permanently Close Stowe Drive Between Kirkham Way and Scripps Poway Parkway to the Public City Manager's Recommendation: It is recommended the City Council provide input and direction regarding the request.
12. Replacement of Fire Ladder Truck and Appropriation of Funds City Manager's Recommendation: It is recommended the City Council adopt a Resolution appropriating funds for the purchase of a ladder truck for a total estimated cost of $1,650,422.58 and authorize the City Manager to execute any necessary documents.
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS: None
CITY ATTORNEY ITEMS: (Including any pub lic report of any action taken in closed session)
ADIOURNMENT
State of California
County of San Diego
)
) ss.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on April 12, 2022.
Said meeting to be held at 7:00 p.m., April 19, 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. ~~ Carrie Gallagher, CMC, otjCJer
4 of 4 Regular City Council Meeting April 19, 2022
April 19, 2022, Item 2
AGENDA REPORT City of Poway
DATE:
TO:
FROM:
April 19, 2022
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the March 1, 2022 Regular City Council Meeting Minutes.
Summary
The City Council Meeting Minutes submitted hereto for approval are:
• March 1, 2022 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 March 1, 2022 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. March 1, 2022 Regular City Council Meeting Minutes
Reviewed/ Approved By:
w~'afl-
Assistant City Manager
1 of 5
Reviewed By:
Alan Fenstermacher
City Attorney
April 19, 2022, Item 2
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
March
1,
2022
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:
Barry
Leonard,
Caylin
Frank,
Dave
Grosch,
John
Mullin,
Steve
Vaus
STAFF
MEMBERS
PRESENT
City
Manager
Chris
Hazeltine;
Assistant
City
Manager
Wendy
Kaserman;
City
Attorney
Alan
Fenstermacher;
City
Clerk
Carrie
Gallagher;
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
Mullin
led
the
Pledge
of
Allegiance.
MOMENT
OF
SILENCE
Mayor
Vaus
led
a
moment
of
silence
following
a
brief
message
of
encouragement
for
thoughts
and
prayers
for
the
people
of
Ukraine.
PRESENTATIONS PUBLIC
COMMENT
Yuri
Bohlen
requested
an
update
on
the
Big
Stone
Lodge
site.
CONSENT
CALENDAR
2 of
5 Attachment
A
April 19, 2022, Item 2
City
of
Poway
-
Minutes
-
March
1,
2022
Speakers: Yuri
Bohlen
spoke
on
Item
#3
regarding
concerns
of
harmful
effects
of
some
of
the
chemicals
included
in
the
agreement
and
questioned
if
safer
alternatives
exist.
Public
Works
Director
Eric
Heidemann
clarified
that
the
chemicals
have
been
used
for
many
years
and
added
water
quality
reports,
completed
on
an
annual
basis,
consistently
show
Poway's
water
meets
state
requirements.
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Frank
to
approve
Consent
Calendar
Items
1 through
3. Motion
carried
5/0
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. Adoption
of
Resolution
No.
22-012
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"
3. Approval
of
a
First
Amendment
to
the
Agreement
with
JCI
Jones
Chemicals,
Inc.
and
Hill
Brothers
Chemical
Company
for
the
Purchase
of
Water
Treatment
Plant
Chemicals,
RFB
No.
21-023
ORDINANCES
FOR
INTRODUCTION:
None. ORDINANCES
FOR
ADOPTION
4. Second
Reading
and
Adoption
of
Ordinance
No.
854
entitled,
"An
Ordinance
of
the City
Council
of
the
City
of
Poway,
California,
Amending
Title
16 of
the
Poway
Municipal
Code,
Sections
16.58.020,
16.58.090,
16.58.100,
16.58.110,
16.60.030, 16.62.030,
16.82.220
and
16.82.400,
Relating
to
Floodplain
Management
Regulations."
No
speakers.
Motioned
by
Councilmember
Leonard,
seconded
by
Deputy
Mayor
Mullin
to
adopt
Ordinance
No.
854
entitled,
"An
Ordinance
of
the
City
Council
of
the
City
of
Poway,
California,
Amending
Title
16 of
the
Poway
Municipal
Code,
Sections
16.58.020,
16.58.090,
16.58.100,
16.58.110, 16.60.030, 16.62.030,
16.82.220
and
16.82.400,
Relating
to
Floodplain
Management
Regulations."
Motion
carried
5/0
by
the
following
roll-call
vote:
Ayes: Noes: Abstained:
3 of
5 Mullin,
Frank,
Grosch,
Leonard,
Vaus
None None
April 19, 2022, Item 2
City of Poway -Minutes -March 1, 2022
Absent: None
Disqualified: None
PUBLIC HEARINGS:
None.
STAFF REPORTS:
5. Capital Improvement Program Update
Senior Civil Engineer Henry Trang presented the item along with a PowerPoint presentation.
He explained that updates are provided three times a year and that this year's program consists of 50 projects totaling $64. 77 million. He added the program is divided into five categories and provided an overview of each including progression photos and project timelines.
No speakers.
Deputy Mayor Mullin inquired on the placement of fencing poles on Espola Road; City Engineer Melody Rocco explained the placement was for consistency.
In response to Council inquiry, Senior Civil Engineer Henry Trang described the process for developing the City's annual valve replacement project.
Discussion ensued regarding the status of the Poway Monument sign, previously introduced by Councilmember Leonard and Councilmember Frank. Councilmember Leonard noted that a preliminary installation site has been identified; however, the project is expensive and significant fundraising needs to be done to pay for it.
In response to Council questions, City staff discussed the Local Road Safety Plan, undergrounding of utilities, and the Lake Poway Playground replacement project including the cost associated with shade structures. Staff shared that Public Works will be providing a water project update at a future City Council meeting, additional discussion topics included, Espola Road path material, sewer pipe depths, resurfacing and manhole covers.
This was an informational item. No action was taken.
6. Award of Agreement to Kissinger Juarez Inc. dba Kissinger Trucking & EQ for Trucking and Operator Services, RFP 22-011
Director of Public Works Eric Heidemann presented the report and provided an overview of advertising efforts on the part of City staff to obtain proposals for Trucking and Operator Services.
No speakers.
Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to award the Agreement for Trucking and Operator Services, RFP 22-011, to Kissinger Juarez Inc. dba Kissinger & EQ and authorize the City Manager to execute the necessary documents. Motion carried unanimously.
4 of 5
April 19, 2022, Item 2
City
of
Poway -
Minutes
-
March
1,
2022
WORKSHOPS: None. COUNCIL-INITIATED
ITEMS:
7. Appointments
to
the
Budget
Review
Committee
No
speakers.
Council
selected
the
following
individuals to
serve
on
the
Budget
Review
Committee.
Mayor
Vaus
selected:
Cindi
Maher-
Two
Year
Term
Councilmember
Leonard
selected:
John
Couvrette
-
Two
Year
Term
Councilmember
Grosch
selected:
Chris
Pikus
-
One
Year
Term
Council
concurred
with
the
appointments.
COUNCIL
COMMITTEE
REPORTS
and
ANNOUNCEMENTS:
Pursuant
to
AB1234
-
(G.C.
53232(d)) None. CITY
MANAGER
ITEMS:
None. Mayor
Vaus
recessed
the
meeting
into
Closed
Session
at
7:40
p.m.
CITY
ATTORNEY
ITEMS:
(Including
any
public
report
of
any
action
taken
in
closed
session)
8. Public
Employee
Performance
Evaluation
Gov
. Code
§
54957(8)(1)
Title:
City
Manager
9. Public
Employee
Performance
Evaluation
Gov.
Code
§
54957(8)(1)
Title:
City
Attorney
City
Attorney
Fenstermacher
stated
no
reportable
action.
ADJOURNMENT The
meeting
adjourned
at
8:38
p.m.
5 of
5 Carrie
Gallagher,
CMC
City
Clerk
City
of
Poway,
California
April 19, 2022, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
April 19, 2022
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief
Jeff Chumbley, Fire Chief ~
(858) 668-4461 or [email protected] o-
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 impact economic and social segments of the United States. Federal, state, and county directives, mandates and orders to manage 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. 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. Federal, state, and county directives, mandates, orders and guidelines have been issued to manage COVID-19. Efforts continue to focus on re-opening the economy and relaxing restrictions. 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, September 7, October 5, October 19, November 2, November 16, December 7.
In 2022, the City Council approved to continue the emergency action on January 18, February 1, 1 of 5
April 19, 2022, Item #3
February 15, March 1, March 15, and April 5. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Continuing the local emergency, in addition to being consistent with the County of San Diego, also allows the City to continue to be eligible for federal, state, and county funding opportunities related to COVID-19 and tied to having a declaration of a local emergency in place.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
As of April 4, 2022, City costs to respond to COVID-19 are estimated at $1,120,760. 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. Within that 45 percent, $13,179,618 is set aside for Extreme Events/Public Safety. Staff believes some of the prior expenditures 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 was to offer financial assistance to small businesses located in Poway by serving as a financial bridge to businesses while they were awaiting state and federal funding provided in response to the pandemic. Based on staff's review, 35 loans totaling $1,328,118 were 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 COVID-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:
wendaserman
Assistant City Manager
2 of s
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
ChrNti?
City Manager
April 19, 2022, Item #3
RESOLUTION
NO.
22-
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,
December
7,
and
in
2022
on
January
18,
February
1,
February
15,
March
1,
March
15 and
April
5· '
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.
3 of
5 ATTACHMENT
A
April 19, 2022, Item #3
Resolution
No.
22-
Page
2 NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
hereby
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
19th
day
of
April,
2022
by
the
following
vote,
to
wit:
AYES: NOES: ABSENT: DISQUALIFIED:
Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
4 of
5 April 19, 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
ex
istence
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
April 19, 2022, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
April 19, 2022
Honorable Mayor and Members of the City Council
Wendy Kaserman, Assistant City Manager ~\(__
Craig Ruiz, Economic Development AdministratorQ,{L---
858-668-4509, [email protected]
CITY COUNCIL
Approval of Lease Agreement with Moon Valley Nurseries Inc., an Arizona corporation, for the use of City-owned property near Highland Valley Road On December 20, 2006, the City of Poway ("City") entered into a lease agreement ("Evergreen Lease") with Evergreen Nurseries ("Evergreen") for an approximately eight-acre portion of a City-owned property ("Leased Area") to use as a growing and holding area for nursery products. The lease agreement expired on December 19, 2021. Prior to the lease expiration, the business was sold to Moon Valley Nurseries ("Moon Valley''). Moon Valley and the City are now seeking to enter into a new agreement ("Moon Valley Lease"). Moon Valley plans to continue using the land as a growing and holding area for nursery products.
Recommended Action:
It is recommended the City Council approve a five-year lease agreement with two, five-year options with Moon Valley Nurseries, Inc., an Arizona corporation, for the continued operation of a commercial nursery growing yard on 8.05 acres of a City-owned property located approximately 1 mile east of the intersection of Highland Valley Road and Sycamore Creek Road, Assessor Parcel Number 272-150-38, and authorize the City Manager to execute the agreement on behalf of the City.
Discussion:
The City owns a 163-acre property ("Property") that is located south of Highland Valley Road, along the northern city limit. Apart from the 8.05 acre Leased Area used for the nursery growing operation, the remainder of the Property is vacant and contains sensitive habitat. The Property is accessed from the Old Coach Trail at Heritage Drive in the City of Poway or the Old Coach Staging Area on Highland Valley Road in the City of San Diego.
In 2006, the City entered into a lease agreement with Evergreen for the 8.05-acre Leased Area for use as a growing and holding area for nursery products. The Evergreen Lease was for five years, with two, five year options to renew. The Evergreen Lease, which expired on December 19, 2021, contained a clause that prohibited the transfer of the Evergreen Lease without the written approval of the City. 1 of 17
April 19, 2022, Item #4
Beginning
in
the
summer
of
2021,
staff
reached
out
to
Evergreen
on
three
occasions
about
their
interest
in
renewing
the
Evergreen
Lease.
Evergreen
did
not
respond
to
the
City's
inquiries.
In
November
2021,
staff
learned
that
Evergreen
had
sold
their
business
to
Moon
Valley
Nurseries.
Moon
Valley
was
unaware
that
approval
was
required before
they
could
assume
the
Evergreen
Lease.
However,
Moon
Valley
was
aware
that
the
lease
was
about
to
expire
and
indicated
they
did
want
to
pursue
a
new
agreement
with
the
City.
The
previous
Evergreen
Lease
rent
was
significantly
below
the
market
average
and
below
the
average
lease
rate
for
other
City-owned
properties.
Moon
Valley
has
agreed
to
an
initial
rent
amount
and
annual
rent
increases
in
each
of
the
first
five
years
to
get
the rent
to
an
amount
more
consistent
with
that
charged
to
other
city
owned
properties.
The
initial
rent
is
$4,200
per
month
and
will
increase
by
$750
per
month
for
each
year
of
the
lease.
Beginning
in
year
nine,
the
rent
amount
will
be
consistent
with
the rent
charged
for
other
City
properties.
The
total
rental
income
for
the
initial
five-year
term
is
$342,000
and
if
both
five
year
extensions
are
executed,
the
total
rental
income
to
the
City
will
be
$1,701,000.
While
the rent
amount
in
the
initial
years
is
below
the
average
rent
charge
at
other
City
properties,
the
lower
amount
recognizes
that
this
is
an
agricultural
use,
and
it
is
in
the
City's
best
interest
to
have
a
business
operating
at
the
property,
so
the
City
is
not
responsible
for
property
maintenance.
Moon
Valley
is
a successful
nursery
operator.
They
have
41 nurseries
in
five
states,
including
five
locations
in
San
Diego
County.
The
proposed
Moon
Valley
Lease
is
for
five
years,
with
two,
five-year
options
to
renew.
The
agreement
allows
for
Moon
Valley
to
continue
the
operation
of
growing
and
holding
of
nursery
products
as
has
been
conducted
for
the
past
15 years.
Similar
to
the
Evergreen
operation,
there
will
not
be
any
retail
operations
conducted
on
the
Lease
Area,
therefore
no
sales
tax
will
be
generated
from
the
operation. Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
As
noted
previously,
the
Leased
Area
has
been
used
as
a
nursery
growing
area
for
the
past
fifteen
years.
The
financial
terms
of
the
Moon
Valley
Lease
have
been
increased
from
the
Evergreen
Lease
to
be
consistent
with
similar
agricultural
leases
in
the
region.
The
agreement
will
generate
$342,000
in
revenue
for
the
initial
five-year
term
and
$1,701,000
if
both
five-year
extensions
are
executed.
Public
Notification:
None. Attachments: A.
Site
Map
B.
Leasable
Area
C.
Lease
Agreement
with
Moon
Valley
Nurseries
Reviewed/Approved
By:
Reviewed
By:
Alan
Fenstermacher
2 of
17 April 19, 2022, Item #4
3 of
17 Exhibit
A
Vicinity
Map
APN
272-150-38 ATTACHMENT
A
April 19, 2022, Item #4
4 of
17 Exhibit
B
Leased
Area
AP
N
272-150-38
ATTACHMENT
B
April 19, 2022, Item #4
Exhibit
C
Lease
Agreement
with
Moon
Valley
Nurseries
5 of
17 ATTACHMENT
C
April 19, 2022, Item #4
LEASE
AGREEMENT
This
LEASE
AGREEMENT
("Lease")
is
entered
into
as
of
December
20,
2021
(the
"Effective
Date"),
by
and
between
the
City
of
Poway,
a
Municipal
Corporation
(the
"Landlord"),
and
Moon
Valley
Nurseries
Intermediate
Holdings,
LLC,
a
Delaware
limited
liability
company
('Tenant").
The
Landlord
and
the
Tenant
are
at
times
referred
to
herein
as
the
"Parties".
RECITALS
WHEREAS,
Landlord
is
the
owner
in
fee
simple
of
an
unimproved
parcel
of
land
located
in
the
City
of
Poway,
San
Diego
County,
State
of
California,
legally
described
on
the
attached
Exhibit
A
("the
Owned
Premises
11 ).
The
Assessor's
Parcel
Number
of
the
Owned
Premises
on
Highland
Valley
Road
is
APN
272-150-38.
WHEREAS,
Evergreen
Nursery
(Evergreen
11 )
entered
into
a
lease
agreement
with
the
City
of
Poway
("City
11 )
in
2006
to
use
as
a
growing
and
holding
area
for
nursery
products,
including
trees
on
property
owned
by
the
City
of
Poway.
WHEREAS,
the
lease
agreement
between
Evergreen
and
the
City
is
valid
through
December
19,
2021.
WHEREAS,
City
staff
has
recently
learned
that
Evergreen
Nursery
has
sold
their
business
to
the
Tenant
and
that
the
Tennant
is
currently
operating
the
business
on
City
property
.
WHEREAS,
Section
11 of
the
lease
agreement
between
Evergreen
and
the
City
prohibits
the
assignment
of
the
lease
and
any
rights,
benefits,
liabilities
and
obligations
to
any
person
or
entity,
without
the
prior
written
approval
of
the
City.
WHEREAS,
the
Tenant
and
Landlord
seek
to
enter
a
Lease
at
a
monthly
rental
rate
which
is
consistent
with
other
rental
agreements
on
City-owned
land
to
allow
for
the
continued
operation
of
the
nursery
business,
which
includes
growing
and
holding
areas
for
nursery
products
WHEREAS,
Tenant
successfully
operates
41 nursery
locations
in
five
states,
including
five
locations
in
San
Diego
County.
WHEREAS,
the
Tenant
will
obtain
any
and
all
necessary
permits
and
approvals
from
the
City
of
Poway
as
part
of
the
execution
of
the
Lease.
WHEREAS,
in
accordance
with
the
above,
by
this
Lease,
the
Landlord
desires
to
lease
to
the
Tenant,
and
the
Tenant
desires
to
lease
from
the
Owned
Premises
upon
the
terms
and
conditions
set
forth
herein.
WHEREAS,
the
parties
intend
this
Lease
to
be
retroactive
such
that
it
covers
the
entire
period
of
Tenanf
s occupancy
of
the
Owned
Premises.
WHEREAS,
the
parties
understand
and
agree
that
this
Lease
is
what
is
commonly
known
as
a
"triple
net"
or
"net-net-net"
lease,
except
as
otherwise
provided
herein,
and
Tenant
acknowledges
and
agrees
that
the
Landlord
shall
not
be
obligated
by
the
terms
of
this
Lease
or
otherwise
to
perform
any
maintenance
or
construct
or
repair
any
improvements
at
the
Property.
Additionally,
Tenant
6 of
17 April 19, 2022, Item #4
acknowledges
and
agrees
that
(i)
the
Landlord
has
made
no
representation
or
warranty
regarding
the
fitness
of
the
Property
for
Tenant's
intended
use
thereof,
and
(ii)
Tenant
is
familiar
with
the
condition
of
the
Property
and
the
appropriateness
of
the
Property
for
Tenant's
operation
of
the
Business
thereon. NOW,
THEREFORE,
the
Landlord and
Tenant
hereby
agree
as
follows:
1. Lease
Term.
The
Landlord
hereby
leases
to
Tenant
the
Property,
and
Tenant
hereby
leases
the
same
from
the
Landlord,
for
a
term
commencing
on
December
20,
2022
("Commencement
Date")
and
ending
on
December
19,
2027
(the
"Lease
Term").
Tenant
shall
have
the
right
to
renew
this
Lease
for
two
additional
periods
of
five
(5)
years
by
delivering
to
Landlord
written
notice
of
Tenant's
intent
to
renew
not
less
than
three
(3)
months
prior
to
the
expiration
of
the
Lease
Term,
or
of
the
first
extension
period.
Any
such
renewal
shall
be
on
the
same
terms
and
conditions
as
this
Lease.
2. Relocation
Assistance.
Tenant
hereby
acknowledges
and
agrees
that
Tenant
shall
not
incur
any
right,
interest,
or
claim
in
or
to
any
benefits
or
assistance
arising
under
Government
Code
Section
7260,
et
seq.
or
any
other
federal,
state
or
local
law,
rule,
or
regulation
relating
to
or
arising
from
Tenant's
relocation
from
the
Property
or
the
termination
of
this
Lease.
To
the
extent
Tenant
is
eligible
for
such
benefits Tenant
hereby
voluntarily
and
expressly
waives
each
and
every
right,
title
or
interest
in
and
to
such
benefits.
a.
Net
Lease.
It
is
the
intent
of
the
parties
that
the
rent
provided
herein
shall
be
absolutely
net
to
the
Landlord
and
that
Tenant
shall
pay
all
costs,
taxes,
assessments,
charges,
and
expenses
of
every
kind
and
nature
imposed
on
or
against
the
Property
which
may
arise
or
become
due
during
the
Lease
Term,
and
which,
except
for
execution
hereof,
would
or
could
have
been
payable
by
the
Landlord.
Tenant
recognizes
and
acknowledges
that
this
Lease
may
create
a "possessory
interest"
in
the
Property
as
defined
in
California
Revenue
and
Taxation
Code
section
107,
and
that
Tenant's
property
interest
may
be
subject
to
property
taxation
levied
on
the
Tenant's
property
interest.
Tenant
further
acknowledges,
and
agrees,
that
this
subdivision
(a)
meets
the
requirements
set
forth
in
Revenue
and
Taxation
Code
section
107.G(a).
b.
Rent.
Tenant
shall
pay
to
the
Landlord
during
the
initial
year
of
the
Lease
Term
the
amount
of
Four-Thousand
Two
Hundred
Dollars
($4,200.00)
per
month("Rent")
or
$50,400
per
year.
Tenant
shall
pay
rent
in
advance,
starting
on
the
Commencement
Date
of
this
Lease
and
on
the
1st
day
of
each
calendar
month
thereafter
("Rent
Due
Date"),
without
offset,
deduction,
prior
notice
or
demand,
beginning
on
the
Commencement
Date.
In
order
to
bring
the
Rent
amount
equal
to
the
standard
rental
rate
charged
for
other
City-owned
properties,
Rent
shall
be
annually
increased
by
Six
Thousand
Dollars
($9,000.00)
per
year
as
follows:
7 of
17 April 19, 2022, Item #4
Year 2
Year 3
C.
$59,400/year ($4,950/month)
$68,400/year ($5, 700/month)
Year 4
Year 5
$77,400/year ($6,450/month)
$86,400/year ($7,200/month)
If the Lease Term is renewed as described in Section 1 above, rent shall increase 3% per year for the remainder of the Lease.
d. Late Payment. Tenant shall pay Landlord a late payment charge equal to five percent {5%) of the Rent for any Rent not paid within thirty {30) days after receipt of notice from Landlord to Tenant. Any amounts not paid within the previously mentioned thirty (30) day period shall bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. e. Termination. If this Lease is terminated at a time other than on the last day of the term, Rent shall be prorated as of the date of termination and, in the event of termination for any reason other than nonpayment of Rent, the balance of all prepaid Rent shall be refunded to Tenant within thirty {30) days of the date of termination and the removal of the Tenant's property from the Premises.
If this Lease is terminated at a time other than on the last day of the term, Rent shall be prorated as of the date of termination and, in the event of termination for any reason other than nonpayment of Rent, the balance of all prepaid Rent shall be refunded to Tenant within thirty (30) days of the date of termination and the removal of the Tenant's property from the Premises.
f. Expiration. Tenant will have no right or privilege whatsoever to use or occupy the License Area in any manner or for any purpose after this Lease expires or terminates. In the event that Tenant continues to use or occupy the Property after this Lease expires or terminates, this Lease will automatically convert to a month-to-month lease on the same terms and conditions, except that (1) the Rent will be automatically increased to one hundred fifty percent (150%) over the Rent payable in the immediately previous year, and will continue to increase in accordance with Section 3.a (Rent) and (2) either the City or Tenant may terminate such license on 30 days' written notice for any or no reason.
4. Hazardous Materials. Tenant shall not use, handle, store, or dispose of any hazardous, toxic, or radioactive matter including, without limitation, those materials identified in Chapter 11, Division 4.5 ofTitle 22 of the California Code of Regulations ("Title 22"), as amended from time to time (collectively, "Hazardous Materials").
Tenant shall be solely responsible for, shall pay for, defend (with an attorney approved by the Landlord, such approval not to be unreasonably withheld, conditioned or delayed), indemnify and hold the Landlord, its officials, officers, employees and agents, harmless against and from all claims, judgments, liabilities, losses, liens, costs and expenses, arising out of or involving any Hazardous Materials brought onto the Property by or for Tenant or by any of Tenant's employees, agents, contractors, visitors or invitees during the term of this Lease. Tenant's obligations hereunder shall exclude pre-existing conditions and shall include, but not be limited to, the investigation, removal, clean-up and/or restoration work as required by applicable law or ordered by any regulatory agency, including but not limited to the San Diego Regional Water Quality Control Board, the California Department of Toxic Substances Control, or the United States Environmental Protection Agency. 8 of 17
April 19, 2022, Item #4
5. Sublease and Assignment. Tenant shall not sublease all or any part of the Property, or assign this Lease in whole or in part without the Landlord's consent.
6. Access Rights to Third Party Property. Tenant is responsible at its sole expense for securing all necessary access rights from any and all third parties owning property adjacent to the leased premises. Tenant shall defend, indemnify and hold the Landlord, its elected and appointed officers, employees and agents, harmless from all liability whatsoever on account of any damage, injury or liability of any kind arising from Tenant's failure to secure such access rights from third party property owners.
7. Alterations and Improvements.
(a) Maintenance and Repairs. During and upon termination of the Lease Term, Tenant shall make all necessary repairs and maintenance to the Property, in so that the Property is returned to the Landlord in the manner of which it was leased, at Tenant's own expense. Tenant shall also make any and all repairs relating to the Tenant's specific use of the Property at Tenant's expense.
Tenant shall maintain all portions of the Property that are visible to the public in good condition, including the fencing, ground maintenance, and landscaping. Tenant shall exercise due diligence to ensure any airborne dirt/gravel/dust is mitigated for surrounding private properties. Graffiti on the Property shall be removed by Tenant within seventy-two (72) hours. In no event shall this Lease be interpreted to require the Landlord to expend funds for the purpose of conducting repairs or maintenance of the Property. Tenant acknowledges and agrees that Tenant is familiar with the condition of the Property and is aware of the adequacy and fitness of the Property for Tenant's intended use thereof for the operation of the Business. THE LANDLORD EXPRESSLY DISCLAIMS ANY
WARRANTY OF HABITABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY
COVENANT OF QUIET ENJOYMENT WITH RESPECTTOTHE PROPERTY AND/OR TENANT'S USE THEREOF PURSUANT TO THIS LEASE. In the event ofa force majeure causing significant damage to the Property, Tenant may elect to make all necessary repairs and continue occupying the Property, or shall be entitled to terminate this Lease.
(b) Alterations and Improvements. Tenant, at Tenant's expense, shall have the right, following the City's reasonable consent, to make improvements to all or any part of the Property from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner, utilizing good quality materials, and in compliance with all applicable federal, state, and local statutes, rules, and regulations. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Property, and fasten the same to the Property. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Property by Tenant thereafter, shall remain Tenant's property free and clear of any claim by the Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease; provided that Tenant shall be responsible for the repair ofany damage caused by such removal.
8. Liens. Tenant agrees that it will pay or cause to be paid all costs for work done by it or caused to be done by it on the Property ofa character which will or may result in liens on the Landlord's reversionary estate therein, and Tenant shall keep the Property free and clear of all mechanics' liens and other liens on account of work done for Tenant or persons claiming under it. If any such lien shall at any time be filed against the Property, Tenant shall either cause the same to be discharged within thirty (30) days after the recording thereof, or if Tenant, in Tenant's discretion and in good faith, determines that such lien should be contested, shall furnish such security as may be reasonably 9 of 17
April 19, 2022, Item #4
required
by
the
Landlord.
If
Tenant shall
fail
to
furnish
such
security,
then,
in
addition
to
any
other
right
or
remedy
of
the
Landlord
resulting
from
Tenant's
said
default,
the
Landlord
may,
but
shall
not
be
obligated
to,
discharge
the
same
either
by
paying
the
amount
claimed
to
be
due
or
by
procuring
the
discharge
of
such
lien
by
giving
security
or
in
such
other
manner
as
is,
or
may
be,
prescribed
by
law.
Tenant
shall
repay
to
the
Landlord,
as
"Additional
Rent,"
on
demand,
all
sums
disbursed
or
deposited
by
the
Landlord
pursuant
to
the
provisions
of
this
Paragraph
7,
including
all
costs,
expenses
and
attorneys'
fees
incurred
by
the
Landlord
in
connection
therewith.
Nothing
contained
herein
shall
imply
any
consent
or
agreement
on
the
part
of
the
Landlord
to
assume
any
liability
under
any
mechanics'
lien
or
other
lien
law.
Should
any
claims
of
lien
be
filed
against
the
Property
or
any
action
affecting
the
title
to
the
Property
be
commenced,
the
party
receiving
notice
of
such
lien
or
action
shall
forthwith
use
its
commercially
reasonable
efforts
to
give
the
other
party
written
notice
thereof
within
five
(5)
days
after
receipt.
The
Landlord
or
its
representative(s)
shall
have
the
right
to
post
and
keep
posted
upon
the
Property
notices
of
nonresponsibility
or
such
other
notices
that
the
Landlord
may
deem
to
be
proper
for
the
protection
of
the
Landlord's
interest
in
the
Property.
Tenant
shall,
before
the
commencement
of
any
work
that
might
result
in
any
such
lien,
give
to
the
Landlord
written
notice
of
its
intention
to
do
so
in
sufficient
time
to
enable
the
posting
of
such
notices
9. Insurance. (a)
Property
Insurance
Coverage.
Tenant
shall,
at
its
own
cost
and
expense,
maintain
in
full
force
and
effect
property
insurance,
including
fire
and
extended
coverage
insurance,
covering
Tenant's
personal
property,
including
removable
trade
fixtures,
located
in
the
Property,
in
such
amounts
as
the
Landlord
shall
deem
appropriate.
(b)
General
Liability
Insurance.
Tenant
shall,
at
its
own
cost
and
expense,
maintain
a
policy
or
policies
of
comprehensive
general
liability
insurance
with
respect
to
the
Property
with
the
premiums
thereon
fully
paid
on
or
before
the
due
date,
which
insurance
shall
afford
minimum
protection
in
the
aggregate
of
not
less
than
Two
Million
Dollars
($2,000,000)
combined
single
limit
coverage
of
bodily
injury,
property
damage
or
combination
thereof.
(c)
Workers'
Compensation
Insurance.
Tenant
shall
provide
workers'
compensation
insurance
as
required
by
law
(d)
Additional
Insurance
Requirements.
All
liability
insurance
shall
include,
but
not
be
limited
to,
personal
injury,
cross
liability,
and
severability
of
interest
clauses,
products/completed
operations,
broad
form
property
damage,
independent
contractors,
and
owned,
nonowned
and
hired
vehicles.
All
insurance
policies
shall
name
the
Landlord
as
an
additional
insured,
shall
provide
for
notice
to
the
Landlord no
later
than
thirty
(30)
days
prior
to
any
cancellation
or
modification
of
such
policies,
and
shall
be
provided
by
Class
A-VII
rated
insurance
carriers
reasonably
acceptable
to
the
Landlord.
Tenant
shall
provide
the
Landlord
with
current
Certificates
of
Insurance
evidencing
Tenant's
compliance
with
this
Paragraph
no
later
than
the
Commencement
Date
and
upon
any
subsequent
request
by
the
Landlord.
10 of
17 April 19, 2022, Item #4
10. Indemnification. (a)
Tenant
shall
defend,
indemnify
and
hold
the
Landlord,
its
elected
and
appointed
officers,
employees
and
agents,
harmless
from
all
liability
whatsoever
on
account
of
any
damage,
injury
or
liability
of
any
kind
or
for
any
injury
to
or
death
of
persons
or
damage
to
property
ofTenant
or
any
other
person
occurring
during
the
term
of
this
Lease
arising
from
any
of
the
following
(i)
the
use,
occupancy
or
enjoyment
of
the
Property,
or
Tenant's
operations
thereon,
by
Tenant
or
Tenant's
customers,
employees,
contractors,
subcontractors,
invitees,
permittees,
and
assignees,
or
(ii)
Tenant's
negligence
or
intentional
misconduct,
including
any
breach
of
this
Lease
beyond
any
applicable
notice
and
cure
period,
or
(iii)
liens,
claims
and
demands
related
to
Tenant's
use
of
the
Property.
Except
to
the
extent
arising
due
to
Landlord's
negligence
or
intentional
misconduct,
Tenant
shall
in
all
cases
accept
any
tender
of
the
defense
of
any
action
or
proceeding
arising
out
of
the
foregoing
in
which
Landlord
is
named
or
made
party
and
shall
defend
the
Landlord
as
provided
herein
with
counsel
reasonably
selected
by
Tenant.
Tenant
shall
not
be
liable
for
such
damage
or
injury
to
the
extent
and
in
the
proportion
that
the
same
is
ultimately
determined
to
be
attributable
to
the
negligence
or
misconduct
of
the
Landlord
or
its
officers,
employees,
agents
or
representatives,
or
the
Landlord's
failure
to
perform
its
obligations
pursuant
to
this
Lease.
Tenant's
obligation
to
indemnify
shall
include
reasonable
attorneys'
fees
and
investigation
costs
and
all
other
reasonable
costs,
expenses
and
liabilities
incurred
by
Landlord
. This
indemnity
provision
shall
apply
to
all
claims
that
accrued,
or
injuries
that
occurred,
prior
to
Tenant
vacating
the
Property,
regardless
of
when
such
claims
or
injuries
were
discovered.
11. Assumption
of
Risk.
Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
Landlord,
and
not
covered
by
insurance
maintained,
or
required
by
this
Lease
to
be
maintained,
by
Tenant:
(a)
Tenant
hereby
assumes
the
risk
ofany
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Tenant,
including
its
employees,
contractors
and
subcontractors,
in
or
about
the
Property;
and
(b)
the
Parties
hereby
agree
that
the
Landlord
is
not
to
be
liable
for
any
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Tenant
or
its
employees,
contractors,
subcontractors
in
or
about
the
Property,
whether
said
damage
or
injury
results
from
conditions
arising
within
the
Property
or
from
other
sources.
12. Utilities.
To
the
extent
applicable,
Tenant
shall
pay
any
and
all
charges
for
water,
sewer,
gas,
electricity,
telephone,
and/or
any
other
services
and
utilities
used
by
Tenant
on
the
Property
during
the
term
of
this
Lease
unless
otherwise
expressly
agreed
in
writing
by
the
Landlord.
Tenant
shall
indemnify
and
hold
the
Landlord
harmless
from
and
against
any
liability
or
damages
resulting
from,
arising
out
of,
or
connected
with,
the
provision
of,
or
failure
to
provide
or
pay
any
charges
assessed
against
the
Property
for
such
utility
services;
provided,
however
that
Tenant
shall
not
indemnify
the
Landlord
for
damages
resulting
from
the
loss
of
any
utility
service
which
results
from
the
Landlord's
conduct
or
the
conduct
of
any
contractors,
engineers
or
third
parties
acting
on
behalf
of
the
Landlord
that
are
in
the
Landlord's
control.
13. Inspection
. The
City
shall
have
the
right
to
enter
upon
the
Property
at
all
reasonable
hours
to
inspect
the
same
upon
one
(1)
business
day's
notice
to
the
Tenant,
provided
the
City
shall
not
thereby
unreasonably
interfere
with
Tenant's
business
on
the
Property.
14. Damage
and
Destruction.
In
addition
to
other
rights
herein,
if the
Property
or
any
part
thereof
or
any
appurtenance
thereto
is
so
damaged
by
fire,
casualty
or
structural
defects
that
the
same
cannot
be
used
for
Tenant's
purposes,
or
if
the
Property
cannot
be
used
for
Tenant's
purposes
for
any
other
reason,
then
Tenant
shall
have
the
right
within
ninety
(90}
days
following
such
damage
11 of
17 April 19, 2022, Item #4
to
elect
to
terminate
this
Lease
as
of
the
date
of
such
damage
by
providing
written
notice
to
the
City.
In
the
event
of
minor
damage
to
any
part
of
the
Property,
and
if
such
damage
does
not
render
the
Property
unusable
for
Tenant's
purposes
and
subject
to
Paragraph
6(a)
above,
Tenant
shall
promptly
repair
such
damage
at
Tenant's
sole
cost
and
expense.
In
making
the
repairs
called
for
in
this
paragraph,
Tenant
shall
not
be
liable
for
any
delays
resulting
from
strikes,
governmental
restrictions,
inability
to
obtain
necessary
materials
or
labor
or
other
matters
which
are
beyond
the
reasonable
control
of
Tenant.
15. Quiet
Possession.
The
Landlord
covenants
and
warrants
that
upon
performance
by
Tenant
of
its
obligations
hereunder,
the
Landlord
will
keep
and
maintain
Tenant
in
exclusive,
quiet,
peaceable,
undisturbed
and
uninterrupted
possession
of
the
Property
during
the
term
of
this
Lease;
provided
that
the
Landlord
shall
have
no
obligation
to
expend
funds
to
repair
or
maintain
the
Property
to
maintain
compliance
with
applicable
laws
orto
maintain
the
Leased
Premises
in
the
condition
required
for
Tenant's
intended
use
and
quiet
enjoyment
thereof.
16. Consent.
The
Landlord
shall
not
unreasonably
withhold
or
delay
its
consent
with
respect
to
any
matter
for
which
the
Landlord's
consent
is
required
or
desirable
under
this
Lease.
17. Material
Breach.
In
addition
to
any
other
remedies
available
at
law
or
in
equity,
any
party
not
in
default
hereunder
may
immediately
terminate
this
Lease
upon
the
breach
of
a
material
obligation
under
this
Lease
by
the
other
party
that
is
not
cured
within
thirty
(30)
days
after
written
notice
of
the
breach,
by
providing
written
notice
of
intent
to
terminate
to
all
other
parties
hereto.
18. Compliance
with
Law.
Tenant
shall
comply
with
all
federal,
state,
and
local
laws,
orders,
ordinances
and
other
public
requirements
now
or
hereafter
pertaining
to
Tenant's
operation
of
the
Business
and
its
use
of
the
Property.
The
Landlord
shall
comply
with
all
federal,
state,
and
local
laws,
orders,
ordinances
and
other
public
requirements
now
or
hereafter
affecting
the
Property.
19. Mutual
Representations.
Each
party
hereby
represents
and
warrants
(i)
he
or
she
is
an
individual
or
it
is
a
duly
organized
entity,
validly
existing
and
in
good
standing
under
the
laws
of
California
or
Delaware;
(ii)
that
the
party
has
the
legal
right
and
authority
to
enter
into
and
perform
its
obligations
under
this
Lease;
and
(iii)
that
the
execution
and
performance
of
this
Lease
will
not
conflict
with
or
violate
any
provision
of
any
law
having
applicability
to
such
party;
and
(iv)
that
this
Lease,
when
executed
and
delivered,
will
constitute
a
valid
and
binding
obligation
of
such
party
and
will
be
enforceable
against
such
party
in
accordance
with
its
terms.
20. Waiver.
No
express
waiver
shall
affect
any
default
other
than
the
default
specified
in
the
express
waiver
and
any
waiver
shall
be
effective
only
for
the
time
and
to
the
extent
therein
stated.
No
waiver
by
the
Landlord
or
Tenant
shall
be
construed
asa
waiver
ofa
subsequent
breach
of
the
same
covenant,
term
or
condition.
21. Assignment
and
Delegation.
Except
as
expressly
permitted
by
the
terms
and
provisions
herein,
no
party
shall
assign
any
of
its
rights
or
delegate
any
of
its
duties
hereunder
without
the
prior
written
consent
of
the
other
parties,
provided
that,
notwithstanding
the
foregoing,
each
party
may
assign
this
Lease
pursuant
to
a
merger
or
a
sale
of
all
or
substantially
all
of
its
assets
or
capital
stock.
Except
as
permitted
by
the
foregoing,
any
attempted
assignment
or
delegation
shall
be
null,
void
and
of
no
effect.
22. Notices.
All
notices
required
by
or
relating
to
this
Lease
shall
be
in
writing
and
shall
be
sent
via
certified
mail,
postage
prepaid,
return
receipt
requested
(and
by
email),
to
each
and
12 of
17 April 19, 2022, Item #4
every party to this Lease and addressed as follows:
To Tenant:
To Landlord:
Moon Valley Nurseries
Intermediate Holdings,
LLC
Attn: Brian Flood
19820 N. 7th Street,
Suite 260
Phoenix, AZ 85024
Email:BFlood@mvncorp.
com
City of Poway City
Attn: City Manager
13325 Civic Center Drive
Poway, CA 92064
Email: ----
23. Counterparts. This Lease may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
24. Headings. The article, section, and paragraph titles and headings contained in this Lease are inserted as a matter of convenience and for ease of reference only and shall be disregarded for all other purposes, including the construction or enforcement of this Lease or any of its provisions.
25. Definitions. Capitalized terms not defined herein shall have the meaning set forth in the Purchase Agreement.
26. Pronouns. Whenever used in this Lease, the singular shall include the plural, the plural shall include the singular, and the neuter gender shall include the male and female as well as a trust, firm, company, or corporation, all as the context and meaning of this Lease may require.
27. Amendments. This Lease may be altered, amended, or repealed only by a writing signed by all of the parties.
13 of 17
April 19, 2022, Item #4
28. Additional Documents and Acts. The parties to this Lease shall promptly execute and deliver any and all additional documents, instruments, notices, and other assurances, and shall do any and all other acts and things, reasonably necessary in connection with the performance of their respective obligations under this Lease and to carry out the intent of the parties.
29. Severability. If any provision of this Lease 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 Lease shall remain in effect.
30. Successors and Assigns. This Lease shall be binding on and inure to the benefit of the parties and their heirs, personal representatives, and permitted successors and assigns.
31. Governing Law and Forum Selection. This Lease shall be governed by, and construed in accordance with, the laws of the State of California. The federal or state courts located in San Diego County, California shall have exclusive jurisdiction to hear any dispute arising under this Lease. Each party hereto 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 herein. Tenant hereby waives any right to remove any action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394.
32. Attorneys' Fees. In the event Landlord or Tenant commences any action or proceeding, including but not limited to the filing of a lawsuit, in connection with the enforcement of this Lease, then as between Landlord and Tenant, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs, arbitration costs, expert witness fees, and reasonable attorneys' fees incurred in connection with such action, and all fees, costs and expenses incurred on any appeal or in collection of any judgment.
33. Entire Agreement. This Lease constitutes the whole and entire agreement of the parties with respect to the subject matter of this Lease, and it shall not be modified or amended in any respect except by a written instrument executed by all the parties. This Lease replaces and supersedes all prior written and oral agreements by and among the parties or any of them. (Remainder of Page Intentionally Left Blank)
14 of 17
April 19, 2022, Item #4
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written.
LANDLORD:
City of Poway,
a municipal corporation
By: -----------
Chris Hazeltine, City Manager
ATTEST:
By: -----------
Carrie Gallagher, CMC City Clerk
APPROVED AS TO FORM:
By:-----------
Alan Fenstermacher, City Attorney
15 of 17
TENANT:
Moon Valley Nurseries Intermediate Holdings,
LLC, a Delaware limited liability company
By:
Name: Brian Flood
Title: CEO
By:------------
April 19, 2022, Item #4
16 of
17 Exhibit
A
Legal
Description
APN
272-150-38
April 19, 2022, Item #4
17 of
17 0 0 3 .. ~ ::,.. 0
Exhibit
B
Vicinity
Map
APN
272-150-38
April 19, 2022, Item #5
DATE: TO: FROM: CONTACT: SUBJECT: Summary:
AGENDA
RE
PO
RT
City
of
Poway
CITY
COUNCIL
April
19,
2022
Honorable
Mayor
and
Members
of
the
City
Council
Eric
Heidemann,
Director
of
Public
Works
i~
'Y
Will
Wiley,
Assistant
Director
of
Public
Works
for
Maintenance
Operation
·
'
(858)
668-4705
or
[email protected]
Award
of
Agreement
to
The
Arc
of
San
Diego
for
Parks
Ground
Maintenance
Services
The
City
of
Poway
(City)
seeks
to
continue
partnering
with
The
Arc
of
San
Diego
to
provide
parks
ground
maintenance
services
through
a
vocational
service
program
for
adults
with
disabilities.
The
City
has
partnered
with
The
Arc
of
San
Diego
since
1998
for
these
services,
and
the
current
agreement
expires
on
April
30,
2022.
In
order
to
continue
this
partnership,
the
City
seeks
to
enter
into
a
new
agreement
with
The
Arc
of
San
Diego
for
these
services.
The
term
of
the
agreement
is
one
(1)
year,
beginning
May
1,
2022,
through
April
30,
2023.
The
agreement
may
be
extended
through
a total
of
two
(2)
separate
one-year
extensions,
subject
to
City
Council
appropriation
of
funds.
The
maximum
length
of
the
agreement
will
be
up
to
three
(3)
years.
Recommended
Action:
It
is
recommended
that
the
City
Council
approve
an
agreement
for
parks
ground
maintenance
services
with
The
Arc
of
San
Diego
and
authorize
the
City
Manager
to
execute
any
necessary
documents. Discussion: The
City
has
partnered
with
The
Arc
of
San
Diego
since
1998
to
provide
job
training
programs
for
adults
with
disabilities.
The
Arc
of
San
Diego
is
a
not-for-profit
organization
and
one
of
the
region's
largest
human-services
agencies
that
provides
resources
and
training
to
people
with
disabilities.
The
organization's
focus
is
to
provide
workforce
training
to
support
and
empower
people
with
disabilities.
The
City
has
a
current
agreement
with
The
Arc
of
San
Diego,
but
the
agreement
expires
on
April
30,
2022.
In
order
to
continue
this
partnership,
staff
recommends
entering
into
a
new
agreement
with
The
Arc
of
San
Diego
for
these
services.
Under
the
agreement,
The
Arc
of
San
Diego
will
provide
four
(4)
trainee
positions
and
a job
coach
to
perform
parks
ground
maintenance
services
at
various
parks
in
the
City
through
a
vocational
1 of
20 April 19, 2022, Item #5
program.
Services
will
include
minor
landscape
maintenance
and
litter
abatement.
Trainees
will
work
four
(4)
days
during
the
week,
four
(4)
hours
a
day.
The
partnership
between
the
City
and
The
Arc
of
San
Diego
provides
individuals
who
may
have
little
or
no
work
history
the
opportunity
to
learn
job
skills,
build
workplace
confidence,
and
gain
self-esteem
through
vocational
training.
The
overall
goal
of
the
partnership
is
to
facilitate
opportunities
for
trainees
to
find
and
retain
stable
employment
in
the
community.
The
initial
term
of
the
new
agreement
with
The
Arc
of
San
Diego
is
one
(1)
year
from
May
1,
2022,
through
April
30,
2023.
The
agreement
may
be
extended,
subject
to
City
Council
appropriation
of
funds,
through
a total
of
two
(2)
separate
one-year
extensions.
The
maximum
length
of
the
agreement
will
be
up
to
three
(3)
years.
The
cost
of
the
agreement
for
the
first
year
is
a
sum
not-to-exceed
$69,042.72;
the
costs
for
year
two
and
year
three
will
be
reevaluated
at
the
time
of
extension.
The
cost
for
these
services
has
increased
due
to
the
State
of
California
mandated
increase
in
minimum
wage
effective
January
1,
2022,
as
well
as
another
increase
expected
for
January
1,
2023.
With
the
increase
in
cost
for
these
services,
grant
funds
from
the
CalRecycle
Beverage
Container
Recycling
Grant
can
be
utilized
to
supplement
the
budget
for
the
litter
abatement
portion
of
services
provided
by
the
Arc
of
San
Diego.
This
agreement
is
mutually
beneficial
for
The
Arc
of
San
Diego
and
the
City.
The
Arc
of
San
Diego
is
able
to
supplement
City
staff
in
the
beautification
of
City
parks,
while
the
City
is
able
to
provide
a safe
environment
for
participants
to
do
meaningful
work
while
acquiring
skills
that
may
help
them
find
employment
through
this
vocational
program
and
partnership.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
Sufficient
funds
are
available
in
the
Fiscal
Year
2021-22
budget
in
the
Park,
Trail
and
Landscape
Maintenance
Division
(414040-41200)
and
the
Beverage
Container
Recycling
Program
(PG025).
Amounts
for
subsequent
fiscal
years
will
be
included
in
the
annual
budget
process
for
Council's
consideration. Public
Notification:
None. Attachments: A.
Agreement
with
The
Arc
of
San
Diego
Reviewed/
Approved
By:
Assistant
City
Manager
2 of20
Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
~ City
Manager
April 19, 2022, Item #5
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
1st
day
of
May,
2022,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
The
Arc
of
San
Diego
(hereinafter
referred
to
as
"Contractor").
RECITALS
WHEREAS,
City
desires
to
obtain
the
services
of
a
private
contractor
for
the
operation
of
a training
program
at
various
parks
throughout
the
City
(Project);
and
WHEREAS,
Contractor
is
a
human-services
non-profit
that
provides
training
to
adults
with
developmental
disabilities
and
has
represented
that
Contractor
possesses
the
necessary
qualifications
to
provide
such
services;
and
WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Contractor
as
hereinafter
set
forth.
NOW,
THEREFORE,
IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONTRACTOR
ON
THE
FOLLOWING
TERMS
AND
CONDITIONS:
.
1. Scope
of
Services.
Contractor
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
Contractor
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
in
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
Contractor.
During
said
60-day
period
Contractor
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
Contractor
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services,
or
the
3 of20
ATTACHMENT
A
April 19, 2022, Item #5
failure
to
perform
services
as
directed
by
City.
Termination
for
cause
shall
be
effected
by
delivery
of
written
notice
of
termination
to
Contractor.
Such
termination
shall
be
effective
upon
delivery
of
said
notice.
5. Confidential
Relationship.
City
may
from
time
to
time
communicate
to
Contractor
certain
information
to
enable
Contractor
to
effectively
perform
the
services.
Contractor
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.
Contractor
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
Contractor,
hereafter
disclosed
in
publicly
available
sources
of
information;
(iii)
is
now
in
the
possession
of
Contractor
without
any
obligation
of
confidentiality;
or
• (iv)
has
been
or
is
hereafter
rightfully
disclosed
to
Contractor
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.
Contractor
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,
Contractor
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.
Contractor
shall
provide
its
own
office
space
and
clerical
support
at
its
sole
cost
and
expense.
7. Covenant
Against
Contingent
Fees.
Contractor
declares
that
it
has
not
employed
or
retained
any
company
or
person,
other
than
a
bona
fide
employee
working
for
Contractor,
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
Contractor
upon
demand.
4of20
April 19, 2022, Item #5
9. Conflict
of
Interest
and
Political
Reform
Act
Obligations.
During
the
term
of
this
Agreement
Contractor
shall
not
act
as
Contractor
or
perform
services
of
any
kind
for
any
person
or
entity
whose
interests
conflict
in
any
way
with
those
of
the
City
of
Poway.
Contractor
shall
at
all
times
comply
with
the
terms
of
the
Political
Reform
Act
and
the
local
conflict
of
interest
code.
Contractor
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
Contractor
has
a
financial
interest
as
defined
in
Government
Code
Section
87103.
Contractor
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.
"Contractor''
means
an
individual
who,
pursuant
to
a
contract
with
a
state
or
local
agency:
5 of20
(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.
April 19, 2022, Item #5
DISCLOSURE
DETERMINATION:
[8J
1. 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. Contractor
will
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.
As
a
result,
Contractor
shall
be
required
to
file
a
Statement
of
Economic
Interest
with
the
City
Clerk
of
the
City
of
Poway
in
a timely
manner
as
required
by
law.
Department
Director
10. No
Assignments.
Neither
any
part
nor
all
of
this
Agreement
may
be
assigned
or
subcontracted,
except
as
otherwise
specifically
provided
herein,
or
to
which
City,
in
its
sole
discretion,
consents
to
in
advance
thereof
in
writing.
Any
assignment
or
subcontracting
in
violation
of
this
provision
shall
be
void.
11. Maintenance
of
Records.
Contractor
shall
maintain
all
books,
documents,
papers,
employee
time
sheets,
accounting
records,
and
other
evidence
pertaining
to
costs
incurred
and
shall
make
such
materials
available
at
its
office
at
all
reasonable
times
during
the
contract
period
and
for
three
(3)
years
from
the
date
of
final
payment
under
this
Agreement,
for
inspection
by
City
and
copies
thereof
shall
be
furnished,
if requested.
12. Independent
Contractor.
At
all
times
during
the
term
of
this
Agreement,
Contractor
shall
be
an
independent
contractor
and
shall
not
be
an
employee
of
the
City
of
Poway.
City
shall
have
the
right
to
control
Contractor
only
insofar
as
the
results
of
Contractor's
services
rendered
pursuant
to
this
Agreement;
however,
City
shall
not
have
the
right
to
control
the
means
by
which
Contractor
accomplishes
such
services.
13. Licenses,
Permits,
Etc.
Contractor
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.
Contractor
represents
and
warrants
to
City
that
Contractor
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
Contractor
to
practice
its
profession. 6of20
April 19, 2022, Item #5
14. Contractor's
Insurance.
Contractor
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
Contractor'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
Contractor
or
any
other
person
for,
and
Contractor
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
Contractor's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Contractor,
its
agents,
officers,
directors,
sub-Contractors
or
employees.
(b)
For
Claims
alleged
to
arise
from
Contractor's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Contractor
or
any
other
person
for,
and
Contractor
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
Contractor's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Contractor,
its
agents,
officers,
directors,
sub-Contractors
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.
For
Claims
alleged
to
arise
from
Contractor's
professional
services,
Contractor's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Contractor's
negligence.
( c)
The
foregoing
obligations
of
Contractor
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
Contractor,
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
Contractor
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts.
7 of20
April 19, 2022, Item #5
(e)
Contractor
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
Contractor
is
carrying
and
maintaining;
however,
if Contractor
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Contractor
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Contractor
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
1 S(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
Contractor:
(a)
Contractor
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Contractor
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Contractor's
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor'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
Contractor
or
its
employees
in
connection
with
Contractor's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services.
17. Contractor
Not
an
Agent.
Except
as
City
may
specify
in
writing,
Contractor
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.
Contractor
shall
have
no
authority
, expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.
18. Personnel. Contractor
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
Contractor by
giving
oral
or
written
notice
to
Contractor
to
such
effect.
Contractor's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
8 of20
April 19, 2022, Item #5
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.
Contractor
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
Contractor
in
the
event
of
termination,
Contractor's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Contractor
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,"
"Contractor"
shall
mean
the
individual
or
corporate
Contractor
and
any
and
all
employees
of
Contractor
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
Contractor
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Contractor.
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.
9 of20
April 19, 2022, Item #5
24. Certification
and
Indemnification
Regarding
Public
Employees'
Retirement
Law/Pension
Reform
Act of
2013.
Contractor
hereby
certifies
that
all
persons
providing
services
to
City
by
Contractor
are
not
current
members
of
the
California
Public
Employees'
Retirement
System
(CalPERS)
and
shall
not
become
members
of
CalPERS
while
providing
services
to
City.
Contractor
further
provides
that
in
the
event
Contractor
assigns
a
retired
annuitant
receiving
a pension
benefit
from
CalPERS
to
perform
services
for
City,
the
retired
annuitant
is
in
full
compliance
with
Government
Code
section
7522.56.
A
copy
of
Government
Code
section
7522.56
is
attached
hereto
as
Exhibit
"B."
Further,
Contractor
hereby
fully
and
unconditionally
indemnifies
City
from
all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
imposed
by
CalPERS
in
the
event
CalPERS
determines
the
person
assigned
by
Contractor
to
provide
services
to
City
has
been
misclassified.
25. Severability. If
any
provision
of
this
Agreement
is
determined
by
any
court
of
competent
jurisdiction
or
arbitrator
to
be
invalid,
illegal,
or
unenforceable
to
any
extent,
that
provision
shall,
if possible,
be
construed
as
though
more
narrowly
drawn,
if a
narrower
construction
would
avoid
such
invalidity,
illegality,
or
unenforceability
or,
if
that
is
not
possible,
such
provision
shall,
to
the
extent
of
such
invalidity,
illegality,
or
unenforceability,
be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect.
(Remainder
of
page
intentionally
left
blank)
10 of
20 April 19, 2022, Item #5
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,
City
Clerk
APPROVED
AS
TO
FORM:
THE
ARC
OF
SAN
DIEGO
By:
___________
_
Pete
Sciabarra,
Senior
Director
of
Employment
Services
Date:
------------
By:-----------
Alan
Fenstermacher,
City
Attorney
11 of
20 April 19, 2022, Item #5
A.
"SPECIAL
PROVISIONS"
EXHIBIT
"A"
Scope
of
Services.
Contractor
agrees
job
training
services
as
required
by
City,
which
shall
consist
of
the
daily
routine
ground
maintenance
services
further
described
in
the
Scope
of
Services
submitted
with
the
proposal
dated
March
10,
2022,
which
is
included
in
this
document
as
Attachment
1,
and
incorporated
by
reference,
as
if
its
contents
were
fully
set
forth
herein.
Contractor
shall
provide
the
necessary
qualified
personnel
to
perform
the
services.
B.
Compensation
and
Reimbursement.
City
shall
pay
Contractor
a fee
in
accordance
with
the
Fee
Proposal
submitted
with
the
proposal
dated
March
10,
2022,
which
is
included
in
this
document
as
Attachment
1. For
year
one
of
the
Agreement,
the
City
agrees
to
pay
Contractor
the
sum,
not
to
exceed
$69,042.72.
On
or
after
May
1,
2023,
the
rate
may
be
adjusted
by
the
City
as
provided
herein
solely
on
the
basis
of
the
change
in
the
Consumer
Price
Index
for
All
Urban
Consumers
(CPI-U)
for
the
San
Diego-Carlsbad
area,
provided,
however,
that
those
adjustments
in
rates
based
solely
on
the
change
in
CPI-U
will
not
exceed
five
(5)
percent
per
annum.
Contractor's
fee
shall
include
and
Contractor
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,
Contractor
shall
be
reimbursed
for
all
reasonable
expenses,
including
lodging,
telephone,
and
travel
(air,
auto,
rail)
necessarily
incurred
in
performance
of
the
services.
Contractor
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.
Contractor
shall
receive
prior
authorization
for
air
travel
and
lodging
expenses.
All
other
expenses
shall
be
reimbursed
in
accordance
with
City's
cash
disbursement
policies
in
effect
at
the
time
incurred.
C.
Term
of
Agreement.
This
Agreement
shall
be
effective
from
the
period
commencing
May
1,
2022,
and
ending
April
30,
2023,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination."
This
Agreement
may
be
extended
for
up
to
two
(2)
additional
one-year
periods
upon
approval
in
writing
of
the
City
Manager
and
Contractor.
Award
of
the
Contract
and
any
Contract
extensions
are
subject
to
City
Council
appropriation
of
funds.
Upon
expiration
or
termination
of
this
Agreement,
Contractor
shall
return
to
City
any
and
all
equipment,
documents
or
materials
and
all
copies
made
thereof
which
Contractor
received
from
City
or
produced
for
City
for
the
purposes
of
this
Agreement.
12 of
20 April 19, 2022, Item #5
D.
Contractor's
Insurance.
1. Coverages: Contractor
shall
obtain
and
maintain
during
the
life
of
this
Agreement
all
of
the
following
insurance
coverages:
(a)
Comprehensive
General
Liability,
including
premises-
operations,
products/completed,
broad
form
property
damage,
and
blanket
contractual
liability
with
the
following
coverages:
General
Liability
$1,000,000
Bodily
Injury
and
Property
Damage
combined
each
occurrence
and
$2,000,000
aggregate.
(b)
Automobile
Liability.
including
owned,
hired,
and
non-owned
vehicles:
$1,000,000
combined
single
limit.
(c)
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:
Contractor
shall
provide
City
certificates
of
insurance
showing
the
insurance
coverages
described
in
the
paragraphs
above,
in
a
form
and
content
approved
by
City,
prior
to
beginning
work
under
this
Agreement.
13 of
20 April 19, 2022, Item #5
E.
Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses:
14 of
20 To
City:
To
Contractor:
City
of
Poway
P.O.
Box
789
Poway,
CA
92074
The
Arc
of
San
Diego
3030
Market
Street
San
Diego,
CA
92102
(Remainder
of
page
intentionally
left
blank)
April 19, 2022, Item #5
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
20 (1)
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
April 19, 2022, Item #5
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.
(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:
16 of
20 (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.
April 19, 2022, Item #5
(3)
The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Programpursuant
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.
(h)
This section
shall
not
apply
to
a
person
who
is
retired
from
the
State
Teachers'
Retirement
System,
and
who
is
subject
to
Section
24214.
24214.5
or
26812
of
the
Education
Code.
(i)
This
section
shall
not
apply
to
(1)
a
subordinate
judicial
officer
whose
position,
upon
retirement,
is
converted
to
a
judgeship
pursuant
to
Section
69615,
and
he
or
she
returns
to
work
in
the
converted
position,
and
the
employer
is
a
trial
court,
or
(2)a
retiree
of
the
Judges'
Retirement
System
or
the
Judges'
Retirement
System
II who
is
assigned
to
serve
in
a
court
pursuant
to
Section
68543.
5. History Added
Stats
2012
ch
296
§
15 (AB
340).
effective
January
1,
2013.
Amended
Stats
2013
ch
528
§
11 (SB
13).
effective
October
4,
2013
(ch
528
prevails);
ch
76 §
75 (AB
383),
effective
January
1,
2013;
Stats
2014
ch
238
§
1 (AB
2476).
effective
January
1,
2015. Annotations Notes 2013
Amendment:
Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(I)
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
20 April 19, 2022, Item #5
of
San
Diego March
10,
2022
ATTACHMENT
1 Anthony
DeSalis,
President
&
CEO
•
Esther
Coit,
Board
Chair
•
www.arc-sd.com
3030
Market
Street
•
Tel
619 685-1175
San
Diego,
CA
92102
.
Fax
619
234-3759
The
Arc
of
San
Diego
is
submitting
this
proposal
to
provide
ground
maintenance
services
for
the
City
of
Poway
(Customer)
for
the
calendar
period
of
5/1/2022-4/30/2023.
The
State
of
California
mandated
increase
in
minimum
wage
to
$15.00
per
hour
went
into
effect
January
1,
2022.
The
expected
minimum
wage
increase
for
2023
is
estimated
to
be
a
minimum
of
$16.00
per
hour
on
January
1,
2023.
These
pay
rates
have
been
averaged
for
the
contract
period
and
cause
an
increase
in
the
labor
costs
required
to
provide
the
contracted
services
and
thus
require
us
to
increase
our
rate
to
recoup
these
new
costs.
Additionally,
due
to
our
terrific
longstanding
partnership
with
the
City
of
Poway,
we
continue
to
not
charge
the
customer
for
vehicle
costs,
transportation
and
the
ever
increasing
fuel
costs
associated
with
transportation
of
our
crews. The
Arc
of
San
Diego
is
sincerely
grateful
for
the
opportunity
to
continue
to
operate
this
training
program
at
the
City
of
Poway's
various
park
locations
to
train
adults
with
developmental
disabilities
to
work
in
the
ground maintenance
industry.
Details
of
our
services
provided
below:
1. Trainees
The
Arc
of
San
Diego
will
provide
the
trainees.
The
trainees
will
be
selected
by
The
Arc
of
San
Diego.
Customer
will
have
the
opportunity
to
provide
feedback
regarding
trainee
selection
upon
request.
2. Staff
A
Job
Coach
will
be
on
the
premises
at
all
times
that
the
trainees
are
working.
The
job
coach
will
be
an
employee
of
The
Arc
of
San
Diego.
Their
primary
responsibility
will
be
to
train
and
to
supervise
the
consumers
and
to
ensure
that
the
work
is
performed
to
Customer's
specifications.
3. Work
Period
Trainees
perform
ground
maintenance
services
at
Customer's
various
sites
as
scheduled
Monday,
Tuesday,
Thursday
and
Friday
8:00
am
-12:00
pm.
Day
and
time
may
be
adjusted
by
customer
with
at
least
48 hours
adva
need
notice.
4. The
Arc
of
San
Die
go
Res
ponsibilities
a.
Identify
and
provide
a
labor
force
of
trainees
with
disabilities
sufficient
to
perform
the
Scope
of
Work.
b.
Complete
the
agreed
work
to
be
performed
in
Schedule
A.
c.
Provide training
assistance
and
support
for
the
trainer
and
trainees,
and
enforce
customer's
personnel
polides,
procedures,
dress
code,
work
habits
and
responsibilities
as
they
pertain
to
the
trainees.
d.
Provide
remuneration
to
the
trainees
for
the
work
performed.
The
Arc
of
San
Diego
does
not
pro-rate
the
monthly
fee
for
trainees
absences,
instead
the
Job
Coach
will
become
a working
member
of
the
team.
The
Arc
of
San
Diego
does
pro-rate
the
monthly
fee
for
rain
days.
Achieve
with
us.
18 of
20 April 19, 2022, Item #5
ATTACHMENT
1 e.
Provide
Worker's
Compensation
insurance,
employee
benefits,
etc.
for
trainees.
f.
Provide
proof
of
insurance
to
Customer
on
request.
g.
Share
with
customer
responsibility
of
providing
a
safe
working
environment
that
conforms
to
OSHA
standards
5. Customer's
Res
ponsibilities
a.
Reimburse
The
Arc
of
San
Diego
for
the
work
performed
by
the
trainees
in
the
amount
of:
May
1,
2022
through
April
30,
2023
-$5,753.56
per
month.
This
amount
shall
be
invoiced
monthly
in
arrears.
This
amount
includes
trainee
benefits,
payroll
taxes,
services,
Worker's
Compensation,
liability
insurance,
etc.
b.
Provide
all
equipment
and
supplies
necessary
for
the
performance
of
the
work
assigned.
c.
Provide
enough
work
to
keep
the
agreed-upon
number
of
trainees
engaged
in
work
while
on
site.
6. Renewal
O
ptions
The
Arc
requests
the
terms
to
be
reevaluated
and
renewed
in
yearly
option
periods
for
a
period
not
to
exceed
three
years
(May
1,
2022-April
30,
2025)
with
a
proposed
yearly
update
to
services
and
reimbursement.
We
look
forward
to
continuing
our
community
partnership
and
we
truly
appreciate
the
opportunity
of
providing
employment
opportunities
to
the
individuals
we
serve.
&
'
(~
~
L/e,&,
Jc
✓.a-Va'/U,a
Peter
J.
Sciabarra,
Ph.D.
Senior
Director
Arc
Community
Employment
Services
19 of
20 April 19, 2022, Item #5
ATTACHMENT 1
POWAY Schedule A
The Arc of San Diego -Daily Routine/Schedule
Monday -Lake Poway
Clean the fish cleaning table
Empty the hot coal bins and BBQs (Only if the coals are cool) Pick up the ground trash
Remove the full trash can bags and replace with new bags Place the full trash bags near the parking lot curb for City staff to pick up Rake, sweep and blow off the playground surfaces
Sweep the ball field dugouts
Tuesday -Old Poway and Aubrey Park
Empty the hot coal bins and BBQs (Only if the coals are cool) Pick up the ground trash
Remove the full trash can bags and replace with new bags Place the full trash bags near the parking lot curb for City staff to pick up Rake, sweep and blow off the playground surfaces
Rake leaves, as needed, around the picnic tables and ball field walking path Sweep the boardwalk along Midland Road of fallen Olives, as needed Pick up trash in the following parking lots; Hamburgerfactory, Old Midland, Veterinarian Clinic, Aubrey Park and Farmers Market
Sweep around the carriage turn, park fountain and park benches Thursday -Community Park
Meet with an off-cite crew to work in one of the following areas:
Pick up ground trash, leaves and debris along the Pomerado Road south wall, beginningjustsouth of Robison and heading north towards Glen Oak.
Pick up ground trash, leaves and debris along the Carriage Road medians, beginning at Poway Road and heading north to the entrance of Starridge Park.
Pick up ground trash, leaves, debris and remove weeds atthe northwest corner of Community Road and Metate Lane.
Friday -Community Park
Meet with an off-cite crew to work in one of the following areas:
Continue picking up ground trash, leaves and debris along the Pomerado Road south wall heading north to Glen Oak.
Pick up ground trash, leaves and debris along the Carriage Road medians, heading north to the entrance of Starridge Park.
Pick up ground trash and debris at the Community Park parking lot and picnic areas Clean up the planters by removing spent flowers and weed and raking up leaves around the buildings and pool area.
20 of 20
1 of 2
April 19, 2022, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
April 19, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /JA.
Jeff Beers, Special Projects Engineer ~
(858) 668-4624 or [email protected]
CITY COUNCIL
Rejection of Received Bid for the Caustic Soda Tank Rehabilitation Project; Bid No. 22-005, and Direction to Staff to Re-Scope and Re-Advertise the Project A Notice Inviting Bids was duly advertised on February 10, 2022, for the Caustic Soda Tank Rehabilitation project. One bid was received and opened on March 3, 2022. The single bid exceeded the project budget. Per Municipal Code Section 3.28.070 (E), at its sole discretion, the City Council may reject all bids presented and re-advertise for bids in accordance with California Public Contract Code Section 20166.
Recommended Action:
It is recommended that the City Council reject the received bid and authorize staff to proceed with the re-scoping and re-advertisement of the project.
Discussion:
The scope of work included the rehabilitation of an existing caustic soda tank at the Lester J. Berglund Water Treatment Plant. This entailed the removal and replacement of all the connecting nozzles and removing and relining the interior of the tank.
On March 3, 2022, the City received a single bid for $90,398.00 from AToM Engineering Construction, Inc. The bid exceeded the project budget by $40,398.00. Staff evaluated awarding the project as scoped to the contractor who submitted the bid, against the possibility of rescoping the project to replace the tank in its entirety. Both options would require a budget transfer or appropriation of additional funds prior to award of bid. Rehabilitating the tank would extend its lifespan by five to eight years whereas a new tank has a lifespan of 20 years. In comparing the two options, the tank would need to be rehabilitated two to three times in the same lifespan of a new tank depending upon how long the rehabilitation extended the life. While the cost of a new tank is estimated to be approximately $150,000.00, this is less than the cost of multiple rehabilitations. 2 of 2
April 19, 2022, Item #6
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
None. Public
Notification:
None. Attachments: None. Reviewed/
Approved
By:
Assistant
City
Manager
Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
Ch
·s
H
tin
-
City
Manager
April 19, 2022, Item #7
~' AGENDA REPORT CityofPoway
,,,.,~Till ' CITY cou NCI L
DATE:
TO:
FROM:
CONTACT:
April 19, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /JA
Jeff Beers, Special Projects Engineer $
(858) 668-4624 or [email protected]
SUBJECT: Award of Contract to Wright Construction Engineering Corp for the Springvale and Carlson Channel Rehabilitation Project; Bid No. 22-006 and Appropriation of Additional Funds
Summary:
This action will award a construction contract for the Springvale and Carlson Channel Rehabilitation project. Because the lowest responsible bidder exceeds the available budget, an additional appropriation is necessary in order to award the project. The project involves the rehabilitation of two stormwater channels.
Recommended Action:
It is recommended that the City Council appropriate $89,981.30 from the Drainage Fund (2310) to the Springvale and Carlson Channel Rehabilitation project (DR006) and award the contract for the Springvale and Carlson Channel Rehabilitation project to Wright Construction Engineering Corp., the lowest responsible and responsive bidder, in the amount of $218,000.00 (Attachment A).
Discussion:
The scope of work for the Springvale and Carlson Channel Rehabilitation project includes the rehabilitation of two stormwater channels. The Carlson channel scope will remove and replace various sections of channel that have been damaged by adjacent tree roots causing uplifting. The trees are to be removed as a portion of the scope of work. The Springvale channel scope of work includes construction of a concrete overlay over the asphalt concrete lining along with localized repairs. Repair of these two channels is necessary to ensure they function properly which minimizes chances of potential flooding.
The contract time for this project is 20 working days with an Engineer's Estimate of $140,000. Bids were opened on March 24, 2022. The following three bids were received:
Company Total Bid Amount
Wright Construction Engineering Corp $218,000.00
Bosco Constructors, Inc. $218,710.00
A.B. Hashmi, Inc. $275,000.00
1 of 11
April 19, 2022, Item #7
The
lowest
responsible
bid
received
by
Wright
Construction
Engineering
Corp
is
$78,000
above
the
engineer's
estimate.
The
engineer's
estimate
was
based
upon
a
recently
completed
concrete
channel
rehabilitation
project
of
similar
scope
and
size.
The
increased
bid
amount
is
likely
due
to
escalating
costs
in
material.
The
available
project
budget
is
$149,818.70
which
is
insufficient
for
the
bid
amount.
An
appropriation
of
$89,981.30
is
being
requested
to
cover
the
remaining
amount
needed
along
with
a
10%
construction
contingency.
Environmental
Review:
The
proposed
project
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA)
as
a Class
1 Categorical
Exemption,
pursuant
to
Section
15301
of
the
CEQA
Guidelines,
in
that
the
project
involves
minor
alterations
consisting
of
replacement
of
existing
equipment.
Fiscal
Impact:
There
is
insufficient
funding
available
in
the
Springvale
and
Carlson
Channel
Rehabilitation
project
account
(DR006)
to
award
the
contract.
An
appropriation
of
$89,981.30
from
the
Drainage
Fund
(2310)
will
provide
the
necessary
funds
for
the
contract
award
along
with
a
10%
construction
contingency.
Sufficient
funds
are
available
in
the
drainage
fund
for
this
request.
After
the
contract
is
awarded,
funds
in
the
amount
of
$21,800.00
will
be
available
for
construction
contingency
should
it
be
needed
.
Public
Notification:
None. Attachments: A.
Contract
Reviewed/
Approved
By:
Assistant
City
Manager
2 of
11 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
c~ City
Manager
April 19, 2022, Item #7
SECTION 8
CONSTRUCTION CONTRACT
CITY OF POWAY
SPRINGVALE AND CARLSON CHANNEL REHABILITATION
This Contract made and entered into this 19 day of April, 2022, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Wright Construction Engineering Corp., hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows:
1. The complete Contract includes all of the Contract Documents, which are incorporated herein by this reference, and include:
a. This Contract
b. Contract Addenda
c. Contract Change Orders
d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications
f. Contract Plans
g. General Condition
h. Special Conditions
i. Standard Specification for Public Works, most current edition,
2. The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all.
3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement:
Project includes the rehabilitation of two open storm drain channels in the City of Poway. The first is a concrete overlay of an existing asphalt lined channel and the second is localized concrete removal and replacement in a trapezoidal channel.
4. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council.
3 of 11 ATTACHMENT A
1 April 19, 2022, Item #7
5. City
agrees
to
pay
and
Contractor
agrees
to
accept
in
full
payment
for
performance
of
this
work
of
improvement
as
described,
the
stipulated
sum
of
$218,000.00
the
"Contract
Price."
City
agrees
to
make
progress
payments
and
final
payment
in
accordance
with
the
method
set
forth
in
the
Special
Provisions.
6. Contractor
agrees
to
commence
construction
of
the
work
provided
for
herein
within
Fifteen
(15)
Calendar
Days
after
the
date
specified
in
the
Notice
to
Proceed,
and
to
continue
diligently
in
strict
conformance
with
Contract
Documents
and
without
interruption,
and
to
complete
the
construction
thereof
within
20 Working
Days
after
the
date
specified
in
the
Notice
to
Proceed.
7. Time
is
of
the
essence
of
this
Contract,
and
it
is
agreed
that
it
would
be
impracticable
or
extremely
difficult
to
ascertain the
extent
of
actual
loss
or
damage
which
the
City
will
sustain
by
reason
of
any
delay
in
the
performance
of
this
Contract.
It
is,
therefore,
agreed
that
Contractor
will
pay
as
liquidated
damages
to
the
City
the
following
sum
of
$500.00
per
Calendar
Day,
for
each
and
every
Calendar
Days
delay
in
finishing
the
Work
in
excess
of
the
number
of
Working
Days
prescribed
above.
If
liquidated
damages
are
not
paid,
as
assessed
by
the
City,
the
City
may
deduct
the
amount
thereof
from
any
money
due
or
that
may
become
due
the
Contractor
under
this
Contract
in
addition
to
any
other
remedy
available
to
City.
By
executing
this
Contract,
Contractor
agrees
that
the
amount
of
liquidated
damages
is
reasonable
and
shall
not
constitute
a
penalty.
8. In
accordance
with
State
of
California
Senate
Bill
No.
854,
Contractor
will
maintain
and
will
require
all
subcontractors
to
maintain
valid
and
current
Department
of
Industrial
Relations
(DIR)
Public
Works
Contractor
registration
during
the
term
of
this
project.
Contractor
shall
notify
the
City
in
writing
immediately,
and
in
no
case
more
than
twenty-four
(24)
hours,
after
receiving
any
information
that
Contractor's
or
any
of
its
Subcontractor's
DIR
registration
status
has been
suspended,
revoked,
expired,
or
otherwise
changed.
9. Contractor
will
pay
, and
will
require
all
subcontractors
to
pay,
all
employees
on
said
Contract
a
salary
or
wage
at
least
equal
to
the
prevailing
salary
or
wage
established
for
such
work
as
set
forth
in
the
wage
determinations
and
wage
standards
applicable
to
this
work,
a
copy
of
which
is
on
file
in
the
office
of
the
City
Clerk
of
the
City
of
Poway.
Federal
prevailing
wage
rates
apply
for
federally
funded
projects.
Travel
and
subsistence
pay
shall
be
paid
in
accordance
with
Labor
Code
§
1773.1.
10. Contractor
shall
be
subject
to
the
penalties
in
accordance
with
Labor
Code
of
§
1775
for
each
worker
paid
(either
by
him
or
by
any
subcontractors
under
him)
less
than
the
prevailing
rate
described
above
on
the
work
provided
for
in
this
Contract.
11. Contractor
and
subcontractors
shall
comply
with
Labor
Code
§
1810
and
§
1811
which
stipulates
that
eight
hours
labor
constitutes
a
legal
day's
work,
and
§
1812
4 of
11 2
April 19, 2022, Item #7
which
stipulates
that
the
Contractor
and
subcontractors
shall
keep
an
accurate
record
showing
the
name
of
and
actual
hours
worked
each
calendar
day
and
each
calendar
week
by
each
worker
employed
by
him
in
connection
with
the
work
performed
under
the
terms
of
the
Contract.
Failure
to
comply
with
these
sections
of
the
Labor
Code
will
subject
the
Contractor
to
penalty
and
forfeiture
provisions
of
the
Labor
Code§
1813.
12. Contractor
will
comply
with
the
provisions
of
Labor
Code§
1777
.5
pertaining
to
the
employment
of
apprentices
to
the
extent
applicable
to
this
Contract.
13. Contractor,
by
executing
this
Contract,
hereby
certifies:
"I
am
aware
of
and
will
comply
with
the
Labor
Code
§
3700
by
securing
payment for
and
maintaining
in
full
force
and
effect
for
the
duration
of
the
contract,
complete
Workers'
Compensation
Insurance,
and
shall
furnish
a
Certificate
of
Insurance
to
the
City
before
execution
of
the
Contract.
The
City,
its
officers,
or
employees,
will
not
be
responsible
for
any
claims
in
law
or
equity
occasioned
by
failure
of
the
Contractor
to
comply
with
this
paragraph."
Contractor
further
agrees
to
require
all
subcontractors
to
carry
Workers'
Compensation
Insurance
as
required
by
the
Labor
Code
of
the
State
of
California.
14. Contractor shall,
concurrent
with
the
execution
of
this
Contract,
furnish
two
bonds
approved
by
the
City,
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price,
to
guarantee
the
faithful
performance
of
the
work
("Performance
Bond"),
and
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
to
guarantee
payment
of
all
claims
for
labor
and
materials
furnished
("Payment
Bond").
This
Contract
shall
not
become
effective
until
such
bonds
are
supplied
to
and
approved
by
the
City.
15. a.
Contractor
shall
procure
and
maintain
at
its
own
expense,
until
completion
of
performance,
commercial
general
liability
insurance
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the aggregate,
for
bodily
injury,
personal
injury,
death,
loss
or
damage
resulting
from
the
wrongful
or
negligent
acts
by
the
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors.
Contractor
shall
provide
insurance
on
an
occurrence,
not
claims
made
basis.
Contractor
acknowledges
and
agrees
that,
for
purposes
of
clarification
with
the
intention
of
avoiding
gaps
in
coverage
with
any
umbrella
or
excess
insurance,
personal
and
advertising
injury
coverage
shall
be
triggered
by
an
"offense"
while
bodily
injury
and
property
damage
coverage
shall
be
triggered
by
an
"occurrence"
during
the
policy
period.
b.
Contractor
shall
further
procure
and
maintain
at
its
own
expense,
until
completion
of
performance,
commercial
vehicle
liability
insurance
covering
personal
injury
and
property
damage,
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
5 of
11 3
April 19, 2022, Item #7
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the aggregate,
covering
any
vehicle
utilized
by
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors
in
performing
the
services
required
by
this
Agreement.
c.
Contractor
shall
further
procure
and
maintain
at
its
expense,
until
completion
of
performance,
workers'
compensation
insurance
providing
coverage
as
required
by
the
California
State
Workers'
Compensation
Law.
If
any
class
of
employees
employed
by
the
Contractor
pursuant
to
this
Agreement
is
not
protected
by
the
California
State
Workers'
Compensation
Law,
Contractor
shall
provide
adequate
insurance
for
the
protection
of
such
employees
to
the
satisfaction
of
the
City
. This
provision
shall not
apply
if
Contractor
has
no
employees
performing
work
under
this
Agreement.
Contractor
agrees
to
waive
its
statutory
immunity
under
any
worker's
compensation
or
similar
statute,
as
respecting
the
City,
and
to
require
any
and
all
subcontractors
and
any
other
person
or
entity
involved
with
the
Project
to
do
the
same.
Worker's
Compensation
Insurance:
o
Contractor
has
no
employees
and
is
exempt
from
workers'
compensation
requirements.
o
Contractor
carries
workers'
compensation
insurance
for
all
employees.
d.
All
policies
required
by
this
section
shall
be
secured
from
insurers
authorized
to
do
business
in
the
State
of
California
with
an
"A"
policyholder's
rating
or
better
and
a
financial
rating
of
at
least
Class
VI
I,
in
accordance
with
the
current
Best's
Ratings.
e.
Contractor
agrees
to
require
that
all
parties,
including
but
not
limited
to
subcontractors
, architects,
engineers
or
others
with
whom
Contractor
enters
into
contracts
or
whom
Contractor
hires
or
retains
pursuant
to
or
in
any
way
related
to
the
performance
of
this
Agreement,
provide
the
insurance
coverage
required
herein,
at
minimum,
and,
except
for
worker's
compensation
coverage,
name
as
additional
insureds
the
parties
to
this
Agreement.
Contractor
agrees
to
monitor
and
review
all
such
coverage
and
assumes
all
responsibility
for
ensuring
that
such
coverage
is
provided
in
conformity
with
the
requirements
of
this
Section.
f.
In
the
event
this
Agreement
is
terminated
for
any
reason
prior
to
the
completion
of
all
obligations
and
requirements
of
this
Agreement,
Contractor
agrees
to
maintain
all
coverages
required
herein
until
the
City
provides
written
authorization
to
terminate
the
coverages
following
the
City's
review
and
determination
that
all
liability
posed
under
this
Agreement
as
to
the
party
providing
insurance
has
been
eliminated.
g.
Contractor
agrees
and
acknowledges
that
if
it
fails
to
obtain
all
of
the
insurance
required
in
this
Agreement
in
accordance
with
the
requirements
herein,
or
to
obtain
and
ensure
that
the
coverage
required
herein
is
maintained
by
any
subcontractors
or
others
involved
in
any
way
with
the
Project,
Contractor
shall
be
responsible
for
any
losses,
claims,
suits,
damages,
defense
obligations,
or
liability
of
any
kind
or
6 of
11 4
April 19, 2022, Item #7
nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor.
16. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City.
b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors.
17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 7 of 11
officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of 5 April 19, 2022, Item #7
this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein.
18. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective.
19. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract.
20. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.
21. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract.
22. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns.
23. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances.
24. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.
25. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California.
26. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. 8 of 11
6 April 19, 2022, Item #7
Contractor
shall
provide
all
reasonable
facilities
and
assistance
for
the
safety
and
convenience
of
inspectors.
All
inspections
and
tests
shall
be
performed
in
such
manner
as
to
not
unduly
delay
the
work.
The
Work
shall
be
subject
to final
inspection
and
acceptance
notwithstanding
any
payments
or
other
prior
inspections.
Such
final
inspection
shall
be
made
within
a
reasonable
time
after
completion
of
the
work.
27. Whenever
Contractor
has
knowledge
that
any
actual
or
potential
labor
dispute
is
delaying
or
threatens
to
delay
the
timely
performance
of
the
Contract,
Contractor
shall
immediately
give
notice
thereof,
including
all
relevant
information
with
respect
thereto,
to
City.
28. Contractor
agrees
to
contact
the
appropriate
regional
notification
center
in
accordance
with
Government
Code
Section
4216.2.
29. Contractor
shall
submit
its
detailed
plan
for
worker
protection
during
the
excavation
of
trenches
required
by
the
scope
of
the
work
in
accordance
with
Labor
Code
Section
6705.
30. a.
Contractor
shall,
without
disturbing
the
condition,
notify
City,
in
writing,
as
9 of
11 soon
as
Contractor,
or
any
of
Contractor's
subcontractors,
agents,
or
employees
have
knowledge
and
reporting
is
possible,
of
the
discovery
of
any
of
the
following
conditions:
i.
The
presence
of
any
material
that
Contractor
believes
is
hazardous
waste,
as
defined
in
Section
25117
of
the
Health
and
Safety
Code:
ii.
Subsurface
or
latent
physical
conditions
at
the
site
differing
from
those
indicated
in
the
specifications:
or
iii.
Unknown
physical
conditions
at
the
site
of
any
unusual
nature,
different
materially
for
those
ordinarily
encountered
and
generally
recognized
as
inherent
in
work
of
the
character
provided
for
in
this
Contract.
b.
Pending
a
determination
by
City
of
appropriate
action
to
be
taken,
Contractor
shall
provide
security
measures
(e.g.,
fences)
adequate
to
prevent
the
hazardous
waste
or
physical
conditions
from
causing
bodily
injury
to
any
person.
c.
City
shall
promptly
investigate
the
reported
conditions.
If
City,
through
and
in
the
exercise
of
its
sole
discretion,
determines
that
the
conditions
do
materially
differ
or
do
involve
hazardous
waste,
and
will
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
then
City
shall
issue
a
change
order.
d.
In
the
event
of a
dispute
between
City
and
Contractor
as
to
whether
the
conditions
materially
differ,
or
involve
hazardous
waste,
or
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
Contractor
shall not
be
excused
from
any
scheduled
completion
date,
7 April 19, 2022, Item #7
and
shall
proceed
with
all
work
to
be
performed
under
the
contract.
Contractor
shall
retain
any
and
all
rights
that
pertain
to
the
resolution
of
disputes
and
protests
between
the
parties.
31. This
Contract
is
to
be
governed
by
the
laws
of
the
State
of
California.
32. All
work
shall
be
guaranteed
for
a
period
of
one
(1)
year
from
the
date
of
acceptance
by
the
City.
Contractor
shall
promptly
make
all
needed
repairs
arising
out
of
defective
materials,
workmanship,
and
equipment.
City
is
hereby
authorized
to
make
such
repairs
if within
ten
(10)
days
after
giving
written
notice
to
Contractor,
or
its
agent,
Contractor
should
fail
to
make
or
undertake
with
due
diligence
the
aforesaid
repairs;
provided,
however,
that
in
case
of
an
emergency,
where,
in
the
opinion
of
City,
delay
would
cause
serious
loss
or
damage,
repairs
may
be
made
without
notice
being
sent
to
Contractor,
and
Contractor
shall
pay
the
costs
thereof.
(Remainder
of
page
intentionally
left
blank)
10 of
11 8
April 19, 2022, Item #7
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written.
Contractor's Name:
Print Name of Construction Company
By: ----------
Signature
Print Name
Contractor information:
Address for Notices and Payments
Telephone Number: ______ _
Email: ------------
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
11 of 11
CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
9 April 19, 2022, Item 8
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
April 19, 2022
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
[email protected]
City of Poway
CITY COUNCIL
Ordinance to Amend Poway Municipal Code Chapter 17.40 (Comprehensive Sign Regulations)
The City does not allow temporary signs for elections and other noncommercial messages to be placed in the public right-of-way, or on any other public property. (See, PMC 17.40.090(D).) In the recent past, political candidates and other groups have intentionally placed signs in these areas, despite being previously notified that signs are not permitted in the public right-of-way. The proposed Ordinance (Attachment A) would amend the Poway Municipal Code ("PMC") to establish consequences for a first violation followed by progressively more severe consequences for repeat offenders who intentionally place signs In areas not permitted by the PMC.
Recommended Action:
It is recommended that the City Council Introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for May 3, 2022.
Discussion:
The City has long prohibited signs for elections and other noncommercial messages from being placed in the public right-of-way and other public property, which is important to preserve aesthetics throughout the City, particularly during election season. The difference is clear when driving through the City in the months prior to an election when compared to neighboring jurisdictions.
Currently, if a temporary sign for an election or with another noncommercial message is placed on any public property, it is removed as staff becomes aware of it and has the opportunity to visit the site to remove It. The City provides notice to the owner or candidate, when contact information is included on the sign, who may retrieve the sign immediately. For any subsequent violations, the City is permitted to hold the sign for 15 calendar days before it is returned.
The proposed Ordinance would amend PMC section 17.040.090(D)(7) so that for a first violation, the 1 of S
City shall hold signs for 5 calendar days, for the a second violation, the City shall hold signs for 30 calendar days, and for a third violation, 90 calendar days. Third time violators must also reimburse the City for the actual costs incurred through removing and holding the signs.
It is intended that by implementing stricter consequences for violations, there will be fewer violations, which in turn will allow the City's Code Compliance staff more time to focus on other code compliance matters.
Environmental Review:
This item is not a "Project" pursuant to the California Environmental Quality Act ("CEQA") and is therefore not subject to CEQA review.
Fiscal Impact:
Implementation of the amended ordinance is anticipated to be cost neutral. As mentioned above, third violations will require the individual to reimburse the City for the costs of staff removing and storing the signs for 90 calendar days.
Public Notification:
None.
Atta ch men ts:
A. Ordinance
Reviewed/ Approved By:
Wendyerman
Assistant City Manager
2 of 5
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
April 19, 2022, Item 8
April 19, 2022, Item 8
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTER 17.40
(COMPREHENSIVE SIGN REGULATIONS) OF THE POWAY
MUNICIPAL CODE
WHEREAS, City staff and the City Attori,ey's Office have been progressively analyzing the Poway Municipal Code ("PMC") and recommending updates where appropriate; WHEREAS, this Ordinance proposes to update and amended a chapter of the PMC: and WHEREAS, City staff encountered practical problems enforcing its regulations concerning temporary signs regarding elections and noncommercial messages, and accordingly, has recommended revisions to section 17.40.090(0)(7) of Chapter 17.40 (Comprehensive Sign Regulations).
NOW, THEREFORE, THE CITY OOUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: The City Council hereby approves this Ordinance and amends Chapter
17.40 of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline.
SECTION 3: Section 17.40.090(D) of Chapter 17.40 (Comprehensive Sign Regulations) is hereby amended to read as follows:
3 of s
D. Temporary signs for elections and other noncommercial messages are not permitted within the public right-of-way (except as otherwise provided in this chapter), on public property, or upon any public building or other publicly owned facility, including fences/walls, utilities and landscaping. Notwithstanding the foregoing, in areas of the City
zoned RR-A through RR-C and RS-1 through RS-7, such signs are permitted within privately maintained improvements that are located within the public right-of-way. Such signs are permitted on private property subject to the following:
1. Such signs shall not exceed six square feet in total area for one side; double faced signs shall not exceed six square feet per side.
2. Such signs shall not exceed an overall height of four feet. The height shall be measured from the finished grade immediately around the sign.
3. No such signs shall be lighted either directly or indirectly unless said sign is erected, painted or constructed on an authorized structure already providing illumination.
4. The number of such signs is not limited.
5. Such signs may carry any noncommercial message, including, but not limited to, political messages.
ATTACHMENT A
April 19, 2022, Item 8
6. Such signs shall not be placed on private property without the permission of the property owner or its authorized representative.
7. No such signs shall be posted in violation of any provision of this chapter. The Director of Development Services or a designated representative shall have the right to remove any sign placed in the right of way or on public property, contrary to any provision of this section. Removed signs shall be stored by the City. Notice of removal shall be promptly provided as soon as reasonably possible to the owner of such sign, or the apparent owner or candidate. If it is the first violation, the City shall temporarily hold any such signs for 5 calendar days before they can be recovered. such poroon shall ha•10 tho ,ight to reco•.'or tho sign forthwitt:i, without charge. However, for any subsequent violations, U:ie Gity sl:lall temi:>orarily hGle any such signs for 15 calendar days before they am returned. All signs removed l:ly the City may ee destroyed 30 calendar days following rerno¥al. For a second violation, the City shall temporarily hold any such signs for 30 calendar days before they can be recovered. For a third violation, the City shall temporarily hold any such signs for 90 calendar days before they can be recovered and owner shall reimburse the City for any actual costs incurred through confiscation and holding of such signs. All signs removed by the City may be destroyed 15 calendar days following the day they are eligible for recovery.
SECTION 4: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.
The remainder of this page is intentionally left blank. 4of s
April 19, 2022, Item 8
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 19th day of April 2022, and thereafter.
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 3rd day of May, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus1 Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 5
April 19, 2022, Item #9
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
April 19, 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. 855 entitled "Ordinance of the City Council of the City Of Poway, California, Pursuant to Section 16.16.110 of the Poway Municipal Code Concerning Relinquishment of Open Space (APN 317-534- 43)."
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on April 5, 2022. There were no speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
LEONARD, FRANK, GROSCH, MULLIN, VAUS
NONE
NONE
NONE
NONE
It is recommended that the City Council adopt Ordinance No. 855.
Environmental Review:
This project is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) and 15325(f) of the CEQA Guidelines, in that there is no possibility that it will have a significant effect on the environment because the Ordinance involves the transfer of an equal amount of unpreserved land and preserved open space land, between two adjacent parcels, with no. impact to habitat.
Fiscal Impact:
There is no fiscal impact with this action. The Ordinance will result in an exchange of open space land for vacant undeveloped, unencumbered property from the residential property of equal size and 1 of 4
April 19, 2022, Item #9
quality for use as open space.
Public Notification:
An ordinance summary notice was published in the Poway News Chieftain on Thursday, April 14, 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. 855
Reviewed/ Approved By:
Assistant City Manager
2 of 4
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
April 19, 2022, Item #9
ORDINANCE NO. 855
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, PURSUANT TO SECTION 16.16.110 OF
THE POWAY MUNICIPAL CODE CONCERNING
RELINQUISHMENT OF OPEN SPACE (APN 317-534-43)
WHEREAS, Section 16.16.110 of the Poway Municipal Code sets forth the standards concerning relinquishment of dedicated open space of the City, by a four-fifths vote of the City Council;
WHEREAS, Mostafa Panah has requested an adjustment of privately-owned property with an open space easement dedicated to the City, which will allow the development of a recreational vehicle storage area encroaching into a portion of a privately-owned open space lot (APN 317- 534-43);
WHEREAS, transfer of the approximately 0.017 acres of open space shall be exchanged for property of equal size and quality for open space and will be transferred to the Aria Estate Association concurrent with the transfer of the subject property as required by Poway Municipal Code 16.16.11 0(A)(2); and
WHEREAS, on April 5th, 2022, the City Council held a duly advertised public hearing to solicit comments from the public, both in favor and against, relative to this application.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: The City Council finds that the adoption of this Ordinance is exempt from the provision of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines, because there is no possibility that it will have a significant effect on the environment because the Ordinance entails the implementation of existing regulations that result in an equal transfer of land to preserve open space.
SECTION 3: The finding is in accordance with Section 16.16.11 0(A)(2) of the Poway Municipal Code, to approve the subject Ordinance to allow the relinquishment of an approximate 0.017-acre portion of a 5.21-acre open space lot owned by the Aria Estate Association with an open space easement dedicated to the City and known as Assessor Parcel Number 317-534-43.
SECTION 4: This Ordinance shall be codified.
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 3 of4
April 19, 2022, Item #9
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 5th day of April 2022, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 19th day of April 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4of4
April 19, 2022, Item #10
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
April 19, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services~
Melody Rocco, City Engineer ~
(858) 668-4653, [email protected]
CITY COUNCIL
Resolution Adopting the TransNet Local Street Improvement Program List of Projects for Fiscal Years 2022-23 through 2026-27
The San Diego Association of Governments (SANDAG}, as the regional Metropolitan Planning Organization (MPO), is required by State and Federal laws to develop and adopt a Regional Transportation Improvement Program (RTIP) every two years. The RTIP is a five-year program of proposed major highway, arterial, transit, pedestrian and bikeway projects that are funded by revenues from the TransNet half-cent sales tax. Pursuant to the TransNet Extension Ordinance, all local agencies are required to submit a list of proposed capital projects to be included in the proposed RTIP. The 2023 RTIP includes the list of projects proposed for full or partial funding by TransNet revenues for Fiscal Years 2022-23 through 2026-27.
Recommended Action:
1. It is recommended that the City Council take public input, close the public hearing and adopt the Resolution (Attachment A); and
2. Amend the FY 2021-22 Capital Improvement Program Budget to reflect an increase in projected TransNet revenue of $236,000 and appropriate those funds to the following projects:
a. $94,100 (Fund 2230) to the Neighborhood Sidewalks project (STR0012); b. $141,900 (Fund 2240) to the FY 2022-23 Annual Street Maintenance project (ST0xx) as projected rollover funds; and
3. Transfer the following RTIP funding as follows:
a. ($74,611) (Fund 2230) from the Annual Street Overlay project (ST019) b. $74,611 (Fund 2240) to the FY 2022-23 Annual Street Maintenance project (ST0xx) as projected rollover funds.
Discussion:
The goal and purpose of the RTIP is to enhance the regional transportation system and improve regional air quality. In order for local agencies to receive their allocated portion of annual TransNet 1 of7
April 19, 2022, Item #10
half-cent
sales
tax
funds,
projects
must
be
included
in
the
RTIP,
and
must
comply
with
the
requirements
as
outlined
in
the
SAN
DAG
memorandum
dated
January
28,
2022.
The
SAN
DAG
Board
is
scheduled
to
adopt
the
2023
RTIP
at
its
meeting
of
September
13,
2022.
The
TransNet
Extension
Ordinance
requires
local
agencies
every
two
years
to
adopt
a five-year
list
of
projects
to
be
included
in
the
RTIP
and
funded
with
TransNet
revenues.
In
developing
the
list
of
projects,
local
agencies
shall
give
a
high
priority
to
the
use
of
these
funds
for
improving
regional
arterials
and
related
facilities
contributing
to
congestion
relief.
Attachment
B
is
the
proposed
2023
RTIP
five-year
list
of
projects
for
the
City
of
Poway.
Based
upon
the
higher
revenue
projections,
additional
funding
for
the
Espola
Road
Medians
project
is
being
proposed
over
the
next
few
years.
It
is
estimated
that
the
project
would
be
under
construction
in
Fiscal
Year
2025-26.
Additional
revenues
in
the
amount
of
$236,000
are
projected
for
the
current
fiscal
year.
Staff
is
proposing
to
add
$94,100
in
additional
appropriations
to
the
Neighborhood
Sidewalk
project.
The
project
will
install
sidewalks
on
Powers
Road,
north
ofTassel
Road,
and
Garden
Road
across
from
Garden
Road
Elementary
School,
which
were
both
chosen
based
upon
proximity
to
schools.
The
project
has
been
on
hold
for
a
few
years
and
the additional
funding
will
help
offset
a
higher
engineer's
estimate
for
the
original
project
scope
and
increases
in
material
costs
since
the
project
was
put
on
hold.
An
increase
of
$141,900
is
proposed
for
the
FY
2022-23
Annual
Street
Maintenance
project
as
projected
available
funds
for
rollover
to
the
next
fiscal
year.
The
request
is
being
proposed
in
the
FY
2021-22
even
though
it
is
for
FY
2022-23
because
the
project
coincides
with
the
FY
2021-22
Annual
Street
Overlay
project
and
is
proposed
in
Street
Maintenance
Zone
5. Further
it
will
allow
staff
to
have
the
RTIP
approved
without
having
to
amend
it
later.
It
includes
Espola
Road
between
Twin
Peaks
Road
and
Titan
Way,
which
had
previously
been
skipped
due
to
the
ongoing
construction
for
the
Espola
Road
Safety
Improvements
and
utility
undergrounding.
A
slight
reduction
of
$74,611
in
the
FY
2021-22
Annual
Street
Overlay
project
is
proposed
to
ensure
that
the
FY
2022-23
Annual
Street
Maintenance
project
will
have
sufficient
funding.
This
will
require
a
budget
transfer
of
existing
appropriated
funds
as
projected
rollover.
The
total
increase
in
the
FY
2022-23
Annual
Street
Maintenance
project
is
$216,511.
Increases
in
oil
prices
have
created
a
necessity
for
additional
funding
in
this
project.
The
City
of
Poway's
total
share
of
the
TransNet
revenues
for
local
street
and
road
program
improvements
is
estimated
at
$9,614,000
over
the
five-year
period
covered
in
the
proposed
2023
RTIP
(Attachment
C).
The
TransNet
Ordinance
requires
that
no
more
than
30 percent
of
revenues
be
spent
on
local
street
and
road
maintenance
related
projects.
Funds
that
are
not
used
during
each
Fiscal
Year
are
rolled
over
to
the
next
year
as
part
of
the
total
revenues
available
to
the
City.
Several
projects
which
were
identified
in
the
City's
2021
RTIP
have
been
completed
including
the
2019-
20 and
2020-21
Annual
Street
Overlay
projects,
2019-20
and
2020-21
Annual
Street
Maintenance
projects,
and
design
of
the
Espola
Road
Bike
Lanes
project.
Other
projects,
including
the
FY
2021-22
Annual
Street
Overlay
project
and
the
Neighborhood
Sidewalk
project,
which
are
nearing
construction. Environmental
Review:
Establishment
of
a
list
of
anticipated
future
capital
improvement
projects
is
not
subject
to
the
California
Environmental
Quality
Act.
Subsequent
environmental
assessment
of
each
of
the
future
projects
will
occur
at
a future
date.
2 of7
April 19, 2022, Item #10
Fiscal
Impact:
Based
on
SANDAG
projections,
the
estimated
TransNet
revenue
to
be
received
by
the
City
of
Poway
for
Fiscal
Years
2022-23
through
2026-27,
as
shown
in
Attachment
C,
is
$9,614,000.
The
projections
also
include
an
increase
in
estimated
TransNet
revenue
of
$236,000
in
Fiscal
Year
2021-22.
Staff
is
recommending
that
the
City
Council
appropriate
$236,000
in
RTIP
funding
as
follows:
a.
$94,100
(Fund
2230)
to
the
Neighborhood
Sidewalks
project
(STR0012)
b.
$141,900
(Fund
2240)
to
the
FY
2022-23
Annual
Street
Maintenance
project
(STOxx)
as
projected
rollover
funds.
Staff
is
also
recommending
that
the
City
Council
transfer
$74,611
from
the
FY
2021-22
Annual
Street
Overlay
project
(ST019)
to
the
FY
2022-23
Annual
Street
Maintenance
project
(ST0xx)
as
projected
rollover
funds.
Should
SANDAG
revise
their
TransNet
revenue
estimates
staff
will
return
to
City
Council
with
an
amended
Program
List
of
Projects
if the
revised
estimates
impact
project
funding.
Public
Notification:
A
Notice
of
Public
Hearing
was
published
in
the
Poway
News
Chieftain
on
Thursday,
April
7,
2022.
The
notice
is
required
by
the
TransNet
Ordinance.
Attachments: A.
Resolution
Adopting
Program
of
Projects
B.
City
of
Poway
2023
RTIP
Five-Year
List
of
Projects
C.
Transnet
Revenue
Forecast
Reviewed/
Approved
By:
Assistant
City
Manager
3 of7
Reviewed
By:
Alan
Fenstermacher
City
Attorney
City
Manager
April 19, 2022, Item #10
RESOLUTION
NO.
22-
A
RESOLUTION
OF THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA
ADOPTING
THE
TRANSNET
LOCAL
STREET
IMPROVEMENT
PROGRAM
OF
PROJECTS
FOR
FISCAL
YEARS
2022-23
THROUGH
2026-27
WHEREAS,
on
November
4,
2004,
the
voters
of
San
Diego
County
approved
the
San
Diego
Transportation
Improvement
Program
Ordinance
and
Expenditure
Plan
(TransNet
Extension
Ordinance);
WHEREAS,
the
TransNet
Extension
Ordinance
provides
that
SANDAG,
acting
as
the
Regional
Transportation
Commission,
shall
approve
a
multi-year
program
of
projects
submitted
by
local
jurisdictions
identifying
those
transportation
projects
eligible
to
use
transportation
sales
tax
(TransNet)
funds;
WHEREAS,
the
City
of
Poway
was
provided
with
an
estimate
of
annual
TransNet
local
street
improvement
revenues
for
Fiscal
Years
2022-23
through
2026-27;
and
WHEREAS,
the
City
of
Poway
has
held
a
noticed
public
hearing
with
an
agenda
item
that
clearly
identified
the
proposed
list
of
projects
prior
to
approval
of
the
projects
by
the
City
Council
in
accordance
with
Section
5(A)
of
the
TransNet
Extension
Ordinance
and
Rule
7 of
SANDAG
Board
Policy
No.
31. NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:
SECTION
1:
The
2023
Regional
Transportation
Improvement
Program
of
Projects
for
Fiscal
Years
2022-23
through
2026-27
is
hereby
adopted.
SECTION
2:
Pursuant
to
Section
2(C)(1)
of
the
TransNet
Extension
Ordinance,
the
City
of
Poway
certifies
that
no
more
than
30 percent
of
its
cumulative
revenues
shall
be
spent
on
local
street
and
road
maintenance-related
projects.
SECTION
3:
Pursuant
to
Section
4(E)(3)
of
the
TransNet
Extension
Ordinance,
the
City
of
Poway
certifies
that
all
new
projects,
or
major
reconstruction
projects,
funded
by
TransNet
revenues
shall
accommodate
travel
by
pedestrians
and
bicyclists,
and
that
any
exception
to
this
requirement
permitted
under
the
Ordinance
and
proposed
shall
be
clearly
noticed
as
part
of
the
City
of
Poway's
public
hearing
process.
SECTION
4:
Pursuant
to
Section
8 of
the
TransNet
Extension
Ordinance,
the
City
of
Poway
certifies
that
the
required
minimum
annual
level
of
local
discretionary
funds
to
be
expended
for
street
and
road
purposes
will
be
met
throughout
the
five-year
period
consistent
with
the
most
recent
Maintenance
of
Effort
Requirements
adopted
by
SANDAG.
SECTION
5:
Pursuant
to
Section
9A
of
the
TransNet
Extension
Ordinance
and
the
City
of
Poway
Municipal
Code
Section
15.06.050,
the
City
of
Poway
certifies
that
it
will
extract
$2,688.21,
plus
all
applicable
annual
increases,
from
the
private
sector
for
each
newly
constructed
residential
housing
unit
in
the
City
of
Poway
(unless
exempted
under
the
TransNet
Extension
Ordinance),
and
shall
contribute
such
exactions
to
the
Regional
Transportation
Congestion
Improvement
Program
(RTCIP).
4 of7
ATTACHMENT
A
April 19, 2022, Item #10
Resolution
No.
22-
Page
2 SECTION
6:
Pursuant
to
Section
13 of
the
TransNet
Extension
Ordinance,
the
City
of
Poway
certifies
that
it
has
established a
separate
Transportation
Improvement
Account
for
TransNet
revenues
with
interest
earned
expended
only
for
those
purposes
for
which
the
funds
were
allocated.
SECTION
7:
Pursuant
to
Section
18 of
the
TransNet
Extension
Ordinance,
the
City
of
Poway
certifies
that
each
project
of
$250,000
or
more
will
be
clearly
designated
during
construction
with
TransNet
project
funding
identification
signs
.
SECTION
8:
The
City
of
Poway
does
hereby
certify
that
all
other
applicable
provisions
of
the
TransNet
Extension
Ordinance
and
SANDAG
Board
Policy
No.
31 have
been
met.
SECTION
9:
The
City
of
Poway
agrees
to
indemnify,
hold
harmless,
and
defend
SANDAG,
the
San
Diego
County
Regional
Transportation
Commission,
and
all
officers
and
employees
thereof
against
all
causes
of
action
or
claims
related
to
the
City
of
Poway's
TransNet
funded
projects. PASSED,
ADOPTED
AND
APPROVED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
19th
day
of
April,
2022
by
the
following
vote,
to
wit:
AYES: NOES: ABSENT: DISQUALIFIED:
Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
5 of7
April 19, 2022, Item #10
en
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RTIP
PROJ.
NUMBER
POW29
POW30
POW36
POW38
City of
Poway
Account
STR0012
STR0001
City of Poway 2023 RTIP Program of Projects
PROJECT FY 21/22 FY 22/23 FY 23/24
RAMS* $ 7,300 $ 7,300 $ 7,300
Annual Street Maintenance Project $ 300,000 $ 521,511 $ 310,000 Neighborhood Sidewalk Project $ 315,000
Annual Street Overlay Project $ 1,725,389 $ 1,108,700 $ 1,108,700 Espola Road Safety Improvements $ 663,700 Phase 2
Espola Road Median (Between Country $ 783,900 $ 443,000 Day Road and Old Coach Road) Annual Total $3,011,389 $2,421,411 $1,869,000
Annual Total (30% Projects Revenue) $538,200 $540,900 $560,700 70% of projected TRANSNET revenue $1,255,800 $1,262,100 $1,308,300 Total TransNet Annual Revenue** $1,794,000 $1,803,000 $1,869,000 RTCIP Revenue $513,000
Rollover $920,900 $318,411
Transnet Cash Revenue $300,000
TOTAL REVENUE $3,227,900 $2,421,411 $1,869,000
** Revenue may not match Local Street Improvement Program Table due to rounding.
FY 24/25 FY 25/26 FY 26/27
$ 7,300 $ 7,300 $ 7,300
$ 315,000 $ 320,000 $ 325,000
$ 250,000 $ 200,000 $ 250,000
$ 1,156,700 $ 1,253,700 $ 1,456,700
$ 194,000 $ 199,000
$1,923,000 $1,980,000 $2,039,000
$576,900 $594,000 $611,700
$1 ,346,100 $1,386,000 $1,427,300
$1,923,000 $1,980,000 $2,039,000
$1,923,000 $1,980,000 $2,039,000
April 19, 2022, Item #10
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TransNet Revenue Forecast - Local Street Improvement Program 1 Estimates for FY 2023 to FY 2027 (in $000s)**
Draft 02/01122
July 2021 Maintained FY 2022
Jurisdiction Population 3 Miles 3 Revised* FY 2023 FY 2024 FY 2025 FY 2026 Carlsbad 114,463 340.69 $3,858 $3,887 $4,031 $4,149
Chula Vista 272,202 485.89 $7,726 $7,778 $8,069 $8,306
Coronado 21,381 52.68 $713 $720 $745 $765
Del Mar4
4,268 24.94 $43 $111 $120 $125
El Cajon 104,393 195.07 $3,032 $3,051 $3,164 $3,257
Encinitas 62,183 167.17 $2,044 $2,057 $2,133 $2,194
Escondido 153,008 334.04 $4,622 $4,656 $4,830 $4,971
Imperial Beach4
28,055 61 .07 $567 $524 $544 $882
La Mesa4
59,966 151.98 $1,399 $1,439 $2,017 $2,076
Lemon Grove 26,526 62.30 $865 $867 $898 $923
National City 62,099 104.02 $1,774 $1,784 $1,849 $1,902 Oceanside 177,335 445.39 $4,027 $5,639 $5,850 $6,022
Poway 49,338 169.95 $1,794 $1,803 $1,869 $1,923
San Diego 4
1,430,483 2,984.98 $41,844 $42,127 $43,293 $39,840
San Marcos 4
97,209 174.93 $1,857 $1,889 $1,994 $2,079
Santee4
57,999 117.23 $867 $892 $897 $773
Solana Beach4
13,838 42.55 $191 $195 $212 $227
Vista 102,928 169.92 $2,893 $2,913 $3,021 $3,108
County 4
505,675 1,953.24 $17,536 $17,684 $18,397 $18,969
Subtotal Street & Road*** 3,343,349 8,038.0 $97,653 $100,016 $103,935 $102,492 Local EMP5 $6,437 $6,481 $6,724 $6,920
Local Smart Growth 5
$7,510 $7,562 $7,844 $8,074
*Scheduled to be considered in February 2022 .
**Revenue estimates for planning purposes only. Payments will be based on actual sales tax monthly receipts from the State Board of Equalization. *** Totals may not add up due to rounding
$4,275
$8,559
$787
$128
$3,355
$2,260
$5,122
$979
$2,138
$950
$1,959
$6,204
$1,980
$41,306
$2,170
$815
$242
$3,202
$19,586
$106,016
$7,130
$8,319
1.Projection of revenues are based on estimate of growth rate on taxable sales as forecasted by SANDAG and excludes interest and prior year excess funds .
FY 2027
$4,403
$8,817
$810
$135
$3,455
$2,327
$5,276
$1,007
$2,201
$977
$2,017
$6,391
$2,039
$42,805
$2,263
$854
$258
$3,298
$20,226
$109,557
$7,345
$8,569
2. Distribution of revenue estimates are based on the 2004 Proposition A Extension: San Diego Transportation Improvement Program and Expenditure Plan and apportioned as follows : (a) $50,000 annual base per agency; (b) balance distributed on a formula of 2/3 population and 1/3 maintained miles.
3. Population numbers are based on state Department of Finance (DOF) report of July 2021 population; Maintained miles figures are based on Caltrans 2019 California Public Road Data (December 2020). At the time of this report, the 2020 California Public Road Data was not yet available.
4. Revenues are net of estimated commercial paper and/or bond debt service payments
5. EMP to be distributed on a project by project basis; Smart Growth to be allocated based on Call for Projects process.
April 19, 2022, Item #11
~ AGENDA REPORT CityofPoway
'>
1 Tri\ ' CITY COUNCIL
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
April 19, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /4
Melody Rocco, City Engineer JJ..f--
(858) 668-4653 or [email protected]
Pre-Development Conference 22-002; a Request for Review of a Proposal to Permanently Close Stowe Drive Between Kirkham Way and Scripps Poway Parkway to the Public
General Atomics Aeronautical Systems, Inc. (General Atomics) is proposing to permanently close Stowe Drive between Kirkham Way and Scripps Poway Parkway to the p'ublic. Closure of the road to the public would directly connect General Atomics facilities on both sides of the street.
The review of Pre-Development Conference (PDC) 22-002 is advisory only. The City Council will not render any decision. If the Applicant wishes to proceed with an application, it is with the understanding that the City Council has made no representation upon which the Applicant may rely.
Recommended Action:
It is recommended the City Council provide input and direction regarding the request.
Discussion:
General Atomics owns and occupies a large number of buildings in the Poway Business Park. This includes all of the buildings that access Stowe Drive between Kirkham Way and Scripps Poway Parkway. The properties are owned by Sorrento West Properties, Inc., which is one of General Atomics' real estate companies. General Atomics has indicated that their employees frequently need to cross Stowe Drive and large equipment and materials are regularly transferred between buildings.
Attachment A is a location map showing this section of Stowe Drive and its location compared to nearby streets that also provide a connection between Kirkham Way and Scripps Poway Parkway.
General Atomics is proposing to permanently close this section of Stowe Drive to facilitate access for their employees and equipment transfers.
Stowe Drive is designated as a Business Park Collector in the Transportation Master Element of the General Plan. It has four travel lanes with a two-way left turn lane and sidewalks on both sides. The 1 of 29
April 19, 2022, Item #11
road has a posted speed limit of 35 mph. There is no on-street parking and no designated bike lanes.
While not marked as a bicycle facility, bicyclists can share the vehicular travel lanes. The roadway design Average Daily Traffic (ADT) is 30,000 vehicles. According to the Impact Summary (Attachment B), the current ADT is 5,100 vehicles. Based upon this preliminary report, 40% of the vehicles are attributed to General Atomics facilities within this section of Stowe Drive and approximately 60% of the vehicles would be re-routed by the road closure. The report goes on to state that approximately three quarters of this 60%, or 45% of the total ADT, is estimated to be related to General Atomics facilities on Kirkham Way. This would equate to approximately 85% of the Stowe Drive traffic belonging to General Atomics and their employees. The estimated data would need to be verified by further traffic analysis, should the City Council allow the applicant to pursue this project and should the applicant choose to submit a formal application.
In December 2011, the City Council approved a mid-block crosswalk on Stowe Drive approximately 410 feet north of Kirkham Way to help safely facilitate employee crossings between General Atomics facilities. The mid-block crosswalk included a small median with pedestrian refuge, lighting, and signage. The improvements were installed and accepted as complete by the City Council in August 2013. In April 2020, the City Council approved a second mid-block crosswalk on Stowe Drive approximately 430 feet south of Scripps Poway Parkway. The second crossing has not yet been installed. Attachment C is a location map showing the existing and proposed mid-block crosswalks.
General Atomics has provided an exhibit showing how they would potentially close Stowe Drive, see -Attachment D. The gates would be set back from the intersections at Scripps Poway Parkway and Kirkham Way to prevent any vehicular queuing at the gates from impacting the adjacent intersections.
There would be a guard shack along with vehicle arms at either end of the street and fencing with gates and electronic access for when no guard is present. An example of the access gate and guard shack from another General Atomics facility is provided as Attachment E.
There are potentially two options for how a closure could be processed. The public right-of-way could be vacated in which case, the right-of-way would be relinquished to General Atomics who owns the adjacent properties. The other option would be for a long-term lease of the right-of-way. Both options have items that would need to be addressed.
There are currently six parcels that access this portion of Stowe Drive, five of which have frontage on Stowe Drive. Should General Atomics pursue a vacation of the right-of-way, private road easements would need to be dedicated allowing access for all properties to both Scripps Poway Parkway and Kirkham Way. All of the properties have the same ownership, and a property owner cannot dedicate an easement to themself across another property that they own. While the issue of private road easements is not a concern while the properties remain under the same ownership, this would need to be addressed if any of the properties are sold. Staff would likely require a covenant be recorded on each property requiring the easements be granted at the time any of the six properties is sold.
With a long-term lease, the City would retain ownership of the right-of-way so it could be reverted to public right-of-way and public access in the future. The sale of any one property or a change in the tenancy of a building would need to be addressed in the contract language of a long-term lease. Due to the high-security nature of General Atomics facilities, it is unlikely that a non-General Atomics tenant would be allowed access to the secured facility. If so, the long-term lease would need to be terminated or modified.
Currently this section of Stowe Drive has many different types of facilities that are maintained by the 2 of29
April 19, 2022, Item #11
Public Works Department. This includes but is not limited to the asphalt and concrete pavement, roadway signage and striping, streetlights, water, reclaimed water, sewer, and landscaping and irrigation that is part of a Landscape Maintenance District (LMD). As part of a street vacation, the City would reserve easement rights to maintain the water, reclaimed water, and sewer systems, at a minimum. As currently proposed, the guard shack at the south end of the road is located on top of the existing sewer main. This installation would not be permitted as it would prevent long term maintenance of the sewer system. Either the guard shack or the sewer main would need to be relocated. Relocation of the sewer main would require processing a public improvement plan. The streetlights would need to be modified to be connected to a private electrical meter to be privately maintained. The roadway signage and striping between the guard shacks could be modified as needed for General Atomics use. The pavement, landscaping, and irrigation would become privately owned and maintained. Under a lease agreement, the maintenance of the public facilities would be a part of the financial negotiations of the contract. Changes to the signage and striping between the entry gates could be modified but would need to be restored upon termination of the lease.
Regardless of whether a vacation or a lease were to be processed, access for Public Works staff and emergency personnel from the Fire and Sheriff's Departments would need to be provided. A knox box allowing access for both the Fire and Sheriff's Departments would need to be installed for when no security guards are present. The Sheriffs Department has also indicated they would need 24-hour contact information posted on the outside of the gates. The striping and sign age outside of the gates would need to be modified to provide clear indication to the public that this section of Stowe Drive is a private street and an appropriate space to turn around would need to be provided. Additional signage on Scripps Poway Parkway, Kirkham Way, and Stowe Drive, north of Scripps Poway Parkway would need to be added indicating that Stowe Drive south of Scripps Poway Parkway is private and through access is not available. These signage and striping changes would be removed upon termination of the lease but would remain in perpetuity if a street vacation is processed. The public improvements would be processed as part of a public improvement plan.
There are several properties along Kirkham Way that could be negatively impacted by the privatization of Stowe Drive. Most of the properties that access directly off of Kirkham Way have General Atomics as the building tenant and would therefore have access to and through Stowe Drive. There are six properties that are owned by others, including one City owned lot that is leased to the Poway Auto Dealers Association for vehicle storage. Removing Stowe Drive from the Business Park circulation would increase traffic volumes on both Tech Center Drive and General Atomics Way. While those increases are not anticipated to be excessive, other forms of mobility are also impacted. The public would no longer be able to cycle or walk along this section of Stowe Drive. Any person that wants to cycle or walk from this area of Kirkham Way to Scripps Poway Parkway or vice versa would need to go around via Tech Center Drive, which is approximately 2,275 feet to the west, or General Atomics Way, which is approximately 3,500 feet to the east. The trip for a cyclist or walker from the intersection of Kirkham Way at Stowe Drive to Scripps Poway Parkway at Stowe Drive will increase by a minimum of 4,550 feet if they choose the route on Tech Center Drive. There are commercial facilities at the shopping center on the northwest corner of Stowe Drive and Scripps Poway Parkway that include restaurants and a bank, among other facilities, that could generate trips by both cyclists and pedestrians from Kirkham Way.
The review of PDC 22-002 is advisory only. The City Council will not render any decision. If the Applicant desires to proceed with an application, it is with the understanding that the City Council has made no representation upon which the Applicant may rely. The Agreement of Understanding is included as Attachment F.
3 of29
April 19, 2022, Item #11
Environmental
Review:
Because
no
action
can
be
taken,
this
item
is
not
a
"Project"
pursuant
to
the
California
Environmental
Quality
Act
(CEQA)
and
is
therefore
not
subject
to
CEQA
review.
Fiscal
Impact:
Vacation
of
a
public
street
would
create
a
minor
reduction
in
future
pavement
management
costs.
This
includes
refreshing
striping
every
two
years,
street
maintenance
every eight
years,
and
sidewalk
maintenance
on
an
as-needed
basis.
A
small
decrease
to
the
budget
of
LMD
19-1
would
occur
if
the
landscaping
and
irrigation
were
to
be
privately
maintained.
Maintenance
of
other
City
utilities
would
remain
unchanged.
Financial
impacts
of
a
long-term
lease
are
unknown
at
this
time
but
could
include
both
lease
payments
and
a
decrease
in
maintenance
costs
over
the
life
of
the
lease.
Public
Notification:
None. Attachments: A.
Location
Map
B.
Stowe
Drive
Closure
Study
-
Preliminary
Transportation
Impact
Summary
C.
Stowe
Drive
Mid-Block
Crosswalk
Locations
Map
D.
Stowe
Drive
Closure
Exhibit
E.
Example
Access
Gate
F.
Agreement
of
Understanding
Reviewed/
Approved
By:
Assistant
City
Manager
4of29
Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
City
Manager
April 19, 2022, Item #11
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Print Date:
3/7/2022
Location Map
Disclainer: Map and parcel data are beieved lo be accurate. but acruracy is not guaranteed. This is not a legal document and shoukl not be substtuted for a title search. apQraisal , survey , or ror zoning verifjcation.
Map Scale:
1:9,028
April 19, 2022, Item #11
MEMORANDUM To: From
:
Nathan
L.
Scrivo,
RA,
NCARB
General
Atomics
&
Affiliates
Walter
B.
Musial,
PE,
RSP
LLG
, Engineers
Date:
February
4,
2022
LLG
Ref:
3-21-3435
Subject:
Stowe
Drive
Closure
Study
-
Preliminary
Transportation
Impact
Summary
Linscott,
Law
&
Greenspan,
Engineers
(LLG)
have
prepared
the
following
summary
of
impacts
to
the
local
transportation
system
due
to
the
proposed
Stowe
Drive
closure
project
("Project").
Based
on
our
analysis,
the
Project
would
affect
auto,
transit,
pedestrian,
bicycle,
and
parking
conditions
as
follows:
Project
Summary
The
Project
proposes
to
close
Stowe
Drive
in
the
City
of
Poway
between
Scripps
Poway
Parkway
and
Kirkham
Way
to
vehicular
through
traffic.
See
project
vicinity
and
more
detailed
project
area
in
Figures
2-1
and
2-2.
The
Project
would
continue
to
allow
vehicular
access
to
this
portion
of
Stowe
Drive
for
the
buildings
that
have
driveways
located
along
this
roadway
. Access
would
be
gated
with
the
secure
perimeter
around
the
existing
General
Atomics
Aeronautical
Systems,
Inc.
(GA-ASI)
buildings
on
either
side
of
Stowe
Drive
extended
to
Stowe
Drive. The
Project
has
several
objectives,
including:
■
Safety
for
GA-ASI
staff
walking
between
buildings
and
crossmg
Stowe
Drive.
•
Enhanced
security for
GA-ASI
operations
.
•
Increased
ability
for
GA-ASI
to
move
large
equipment
and materials
between
buildings.
Auto
Conditions
Project
Traffic
Volumes
■ ■
Peak
hour
(7-9
AM
&
4-6PM)
traffic
counts
were
conducted
at
the
intersections
of
Stowe
Drive
with
Scripps
Poway
Parkway
and
Kirkham
Way
which
bookend
the
Project
area.
Additionally,
traffic
counts
at
each
individual
driveway
on
Stowe
Drive
between
Scripps
Poway
Parkway
and
Kirkham
Way
were
conducted.
Based
on
these
traffic
counts
and
using
the
average
of
the
AM
and
PM
peak
hours,
of
traffic
on
Stowe
Drive,
approximately
40%
is
directly
accessing
driveways
along
the
roadway.
The
remaining
60%
may
be
rerouted
with
a
road
closure.
•
Trips
were
rerouted
as
follows:
6 of29
ATTACHMENT
B
N:·.3435
-Report
Stowe
Drive
Impact
Summary
(rev2).docx
LINSCOTT LAW
&
GREENSPAN engineers
Engineers
&
Planners
Traffic Transportati
on
Parking Linscott,
Law
&
Greenspan,
Engineers
4542
Ruffner
Stree
t
Suite
100
San
Diego,
CA
92111
858.300
.8800
T
858.300.8810
F
www.
llgengineers.com
Pasadena Irvine San
Diego
Wood
land
Hi
lls
April 19, 2022, Item #11
Nathan L. Scrivo
February 4, 2022
o Trips generally oriented to/from Scripps Poway Parkway west of Stowe Drive were rerouted via Tech Center Drive. In other words, eastbound traffic inbound to the area would make a right tum at Tech Center Drive rather than Stowe Drive, using Tech Center Drive and Kirkham Way. Conversely, rerouted northbound lefts at Stowe Drive would become northbound lefts at Tech Center Drive.
o Trips generally oriented to/from Stowe Drive north of Scripps Poway Parkway would be rerouted via Parkway Center Drive and Tech Center Drive. Rerouted southbound and northbound through trips at Scripps Poway Parkway / Stowe Drive would be shifted to Scripps Poway Parkway / Tech Center Drive via Parkway Center Drive.
Rerouted traffic continues via Tech Center Drive and Kirkham Way. o Trips generally oriented to/from Scripps Poway Parkway east of Stowe Drive were rerouted via General Atomics Way. Westbound traffic inbound to the area would make a left tum at General Atomics Way rather than Stowe Drive, using General Atomics Way and Kirkham Way. Conversely, rerouted northbound rights would at Stowe Drive would become northbound rights at General Atomics Way.
■ Additionally, approximately ¾ of this 60% is estimated to be related to General Atomics facilities along Kirkham Way. Therefore, the total General Atomics traffic on Stowe Drive is estimated at 85% (40% + 45%). This is based on a comparison of peak hour turning movement volumes at Stowe Drive/ Kirkham Way and General Atomics Way/ Kirkham Way.
Study Area Roadway Conditions
■ The Project study area includes seven (7) intersections and seven (7) street segments that would be affected by the rerouted Project traffic described above.
■ All study area locations are calculated to operate within capacity before and after the proposed road closure.
■ Per City of Poway criteria, the Project does not have any substantial effects on the street system.
■ The most constrained locations, both in terms of baseline traffic and receiving the most rerouted traffic due to the Project, are the following:
7 of29
o Intersection -Scripps Poway Parkway/ Tech Center Drive/ Parkway Centre Drive (signalized)
o Street Segment -Tech Center Drive, Scripps Poway Parkway to Kirkham Way
i'i: 3435·Report St1Jwe Drive fmpact Summary {re,·11.doc:-.
LINSCOTT
LAW &
GREENSPAN
engineers
April 19, 2022, Item #11
Nathan
L.
Scrivo
February
4,
2022
Page
3 ■
Signal
timing/phasing
improvements
could
be
provided to
offset
the
effects
of
the
Project
in
these
locations.
Additional
improvements
may
be
requested.
■
The
parcels
immediately
south
of
Kirkham
Way
/ Stowe
Drive
would
be
the
most
directly
impacted
by
the
proposed
closure.
LLG
assessed
travel
time
to/from
representative
locations
to
the
west,
north,
and
east.
The
time
and
distance
for
routes
avoiding
Stowe
Drive
between
Scripps
Poway
Parkway
and
Kirkham
Way
result
in
no
more
than
approximately
one-tenth
mile
in
distance
and
one
minute
or
less
in
time
added
during peak
times.
Parking
Conditions
■
On-street
parking
is
not
currently
permitted on
Stowe
Drive.
Therefore,
there
would
be
no
loss
or
displacement
of
parking
due
to
the
Project.
Transit
Conditions
■
There
are
no
fixed
route
transit
services
in
the
area.
Therefore,
the
project
would
not
impact
any
transit
routes
or
access
to
stops.
Active
Transportation
(Pedestria
_n
and
Bicycle)
Conditions
■
Although
existing
pedestrian
and
bicycle
activity
(in
terms
of
trips
to/from
Stowe
Drive
at
either
end,
rather
than
mid-block
crossings)
is
low,
the
Project
would
restrict
public
pedestrian
and
bicycle
activity
between
Scripps
Poway
Parkway
and
Kirkham
Way.
■
Given
existing
intersection
spacing
there
would
be
an
approximately
one-mile
gap
with
no
pedestrian
or
bicycle
access
between
Scripps
Poway
Parkway
and
Kirkham
Way.
An
existing
trail
system
is
accessed
from
Kirkham
Way,
west
of
Stowe
Drive.
■
Improvements
such
as
constructing
missing
sidewalks
and
crosswalks
on
Tech
Center
Drive,
an
alternative
route,
could
be
provided
to
help
mitigate
pedestrian/bicycle
access
impacts.
Vehicle
Miles
Traveled
(YMT)
■
The
Project
results
in
a reduction
in
the
number
of
vehicular
travel
lanes.
For
this
reason,
the
Project
may
be
presumed
to
have
a less
than
significant
CEQA
transportation
impact.
8 of29 ~:
3-435
-Rc-port
Shmc-
Driw
Imp
·t
Summ
rv
(revl
i.tiocx
LINSCOTT LAW
&
GREENSPAN engineers
April 19, 2022, Item #11
Nathan L. Scrivo
February 4, 2022
Page4
Tables:
Table 8-1
Table 8-2
Table 10-1
Table 10-2
Figures:
Figure 2-1
Figure 2-2
Figure 3-1
Figure 3-2
Figure 6-1
Figure 7-1
Figure 7-2
Figure 9-1
Figure 9-2
Figure 9-3
Figure 12-1
Figure 12-2
Near-Term Intersection Operations
Near-Term Street Segment Operations
Long-Term Intersection Operations
Long-Term Street Segment Operations
Vicinity Map
Project Area Map
Existing Conditions Diagram
Existing Traffic Volumes
Near-Term without Project Traffic Volumes
Near-Term Project Traffic Volumes
Near-Term+ Project Traffic Volumes
Long-Term without Project Traffic Volumes
Long-Term Project Traffic Volumes
Long-Term + Project Traffic Volumes
Bicycle Network
Pedestrian Network
cc: Nick Palermino, General Atomics
File
9 of29
N: H35·Rt>port Stowe Drive Impact Summary (rev'2).d0<,x
LINSCOTT
LAW &
GREENSPAN
engineers
April 19, 2022, Item #11
TABLE
8-1
NEAR-TERM
INTERSECTION
OPERATIONS
Intersection
Control Type
1. Tech
Center
Dr/
Scripps
Poway
Pkwy
Signal
2. Stowe
Dr
I Scripps
Poway
Pkwy
Signal
3. General
Atomics
Way/
Signal
Scripps
Poway
Pkwy
4. Tech
Center
Dr/
Gregg
St
Signal
5. Tech
Center
Dr/
Kirkham
AWSC<l
Way
6. Stowe
Dr
I Kirkham
Way
AWSC
7. Kirkham
Way
/ General
AWSC
Atomics
Way
Footnotes:
a.
Average
delay
expressed
in
seconds
per
vehicle.
b.
Level
of
Service.
c.
!J.
denotes
the
change
in
delay
due
to
Project.
d.
A WSC
=
All-Way
Stop
Controlled
intersection
.
LINSCOTT,
LAW
&
GREENSPAN,
engineers
10 of
29 Near-Term
Peak
Without
Project
Hour
Delay
a
LOSb
AM
26.0 C
PM
32.8 C
AM
21.0 C
PM
19.0 B
AM
20.5 C
PM
30.1 C
AM
8.7 A
PM
12.1 B
AM
8.0 A
PM
9.4 A
AM
9.3 A
PM
9.1 A
AM
8.0 A
PM
10.8 B
22 Near-Term +
Project
Ac
Substantial
Effect?
Delay
LOS
27.5 C
1.5 No
36.4 D
3.6 No
17.8 B
(3.2)
No
13.9 B
(5.1)
No
21.7 C
1.2 No
32.6 C
2.5 No
9.2 A
0.5 No
16.8 B
4.7 No
9.4 A
1.4 No
10.4 B
1.0 No
9.0 A
(0.3)
No
8.6 A
(0.5)
No
8.2 A
0.2 No
11.9 B
1.1 No
SIGNALIZED
UNSIGNALIZED
DELAY/LOS
THRESHOLDS
DELAY/LOS
THRESHOLDS
Delay
LOS
Delay
LOS
0.0 :'.S
10 .0
A 0
.0
:'.S
10.0 A
10.1 to
20 .0
B
10 .1 to
15.0 B
20 .1 to
35 .0 C
15.l
to
25 .0
C
35.1 to
55 .0
D
25.1 to
35 .0
D
55 .1 to
80.0 E
35 .1 to
50.0 E
2:
80.1 F
2:
50 .1
F
LLG
Ref
. 3-21-3435
Stowe
Drive
Closure
Study
April 19, 2022, Item #11
TABLE8-2
NEAR-TERM STREET SEGMENT OPERATIONS
Near-Term Without
Street Segment Capacity Project (LOSE) a
ADTb Lose
Scripps Poway Parkway
1. Tech Center Dr to Stowe Dr 63,000 19,510 A
2. Stowe Dr to General Atomics 63,000 17,920 A Way
Tech Center Drive
3. Scripps Poway Pkwy to Gregg 22,000 14,440 C St
Stowe Drive
4. Scripps Poway Pkwy to 37,000 5,100 A Kirkham Way f
General Atomics Way
5. Scripps Poway Pkwy to 22,000 6,100 A Kirkham Way
Kirkham Way
6. Tech Center Dr to Stowe Dr 37,000 6,540 A
7. Stowe Dr to General Atomics 37,000 4,660 A Way
Footnotes:
a. Capacities based on City of Poway Roadway Classification Table b. Average Daily Traffic Volumes.
c. Level of Service.
d. Volume to Capacity.
e. !),. denotes a Project-related change in the Volume to Capacity (V/C) ratio. f. Roadway segment to be closed under Project conditions.
LINSCOTT, LAW & GREENSPAN, engineers
11 of 29 23
V/Cd
0.310
0.284
0.656
0.138
0.277
0.177
0.126
Near-Term+ Project Ae Substantial
ADT LOS
18,860 A
17,540 A
15,820 D
--
6,480 A
7,920 A
5,040 A
Effect?
V/C
0.299 (0.011) No
0.278 (0.006) No
0.719 0.063 No
- --
0.295 0.018 No
0.214 0.037 No
0.136 0.010 No
LLG Ref. 3-21-3435
Stowe Drive Closure Study
April 19, 2022, Item #11
Intersection
1. Tech Center Dr I Scripps Poway Pkwy
2. Stowe Dr/ Scripps Poway Pkwy
3. General Atomics Way / Scripps Poway
Pkwy
4. Tech Center Dr I Gregg St
5. Tech Center Dr I Kirkham Way
6. Stowe Dr/ Kirkham Way
7. Kirkham Way/ General Atomics Way
Footnotes:
a. Average delay expressed in seconds per vehicle.
b. Level of Service.
c. Ii denotes the change in delay due to Project.
d. A WSC = All-Way Stop Controlled intersection.
LINSCOTT, LAW & GREENSPAN, engineers
12 of 29
TABLE 10-1
LONG• TERM INTERSECTION OPERATIONS
Control Peak
Type Hour
AM Signal PM
AM Signal PM
AM Signal PM
Signal AM
PM
AWSC<l AM
PM
AWSC AM
PM
AWSC AM
PM
29 Horizon Year Horizon Year
Without Project With Project Ac Substantial
Effect?
Delaya LOSb Delay LOS
27.3 C 28.7 C 1.4 No
34.2 C 38.5 D 4.3 No
20.7 C 17.6 B (3.1) No
18.1 B 13.0 B (5.1) No
21.0 C 22.1 C 1.1 No
36.4 D 41.0 D 4.6 No
8.7 A 9.2 A 0.5 No
12.1 B 17.3 B 5.2 No
8.1 A 9.9 A 1.8 No
9.8 A 11.0 B 1.2 No
9.6 A 9.2 A (0.4) No
9.5 A 8.7 A (0.8) No
8.1 A 8.3 A 0.2 No
11.0 B 12.3 B 1.3 No
SIGNALIZED UNSIGNALIZED
DELAY/LOS THRESHOLDS DELAY/LOS THRESHOLDS
Delay LOS Delay LOS
0.0 ::, 10.0 A 0.0 :S 10.0 A
10.l to 20.0 B 10.l to 15.0 B
20.1 to 35.0 C 15.l to 25.0 C
35.l to 55.0 D 25.l to 35.0 D
55.l to 80.0 E 35.l to 50.0 E
c:: 80.l F c:: 50.l F
LLG Ref. 3-21-3435
Stowe Drive Closure Study
April 19, 2022, Item #11
TABLE10-2
LONG•
TERM
STREET
SEGMENT
OPERATIONS
Long-Term
without
Street
Segment
Capacity
Project
(LOSE)
a
ADTb
Lose
V/Cd
Scripps
Poway
Parkway
1. Tech
Center
Dr
to
Stowe
63,000
23,000
A
0.404
Dr
2. Stowe
Dr
to
General
63,000
21,330
A
0.374
Atomics
Way
Tech
Center
Drive
3. Scripps
Poway
Pkwy
to
22,000
15,130
D
0.841
Gregg
St
Stowe
Drive
4. Scripps
Poway
Pkwy
to
37,000
6,040
A
0.201
Kirkham
Way
f
General
Atomics
Way
5. Scripps
Poway
Pkwy
to
22,000
6,270
A
0.348
Kirkham
Way
Kirkham
Way
6. Tech
Center
Dr
to
Stowe
37,000
8,600
A
0.287
Dr
7. Stowe
Dr
to
General
37,000
5,050
A
0.168
Atomics
Way
Footnotes:
a.
Capacity
based
City
of
Poway
Roadway
Classification
Table
.
b. C. d. e. f.
Average
Daily
Traffic.
Level
of
Service
.
Volume
to
Capacity
.
f...
denotes
a Project-related
change
in
the
Volume
to
Capacity
(V/C)
ratio.
Roadway
segment
to
be
closed
under
Project
conditions.
LINSCOTT,
LAW
&
GREENSPAN,
engineers
13 of
29 30
Long-Term
+
Project
ADT
LOS
V/C
22,350
A
0.392
20,950
A
0.368
16,510
D
0.917
-
-
-
6,650
A
0.369
9,980
A
0.333
5,430
A
0.181
Substantial
Ae
Effect?
(0.012)
No
(0.006)
No
0.076
No
-
-
0.021
No
0.046
No
0.013
No
LLG
Ref.
3-21-3435
Stowe
Drive
Closure
Study
April 19, 2022, Item #11
It J, I
l • h
lJ5GS -. us:..-
I I
l
c-to e Dr Cto~m S 1
April 19, 2022, Item #11
Figl~ ,2 2
Project Area '1-11ap
Stowe Drive Clost1re Study
April 19, 2022, Item #11
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Study lntersection
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umber of Travel Lanes
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* Two-Way Left-Tum Median
35mph Posted Speed Um~
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Ex~sti ng Conditions Diagram
Cl y
April 19, 2022, Item #11
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® Study lnlersectiot
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x.xxx
,t..,'\~ ,-,.:J
ti,~ ~•4.,,
,-''1':,.?.<I;·'
\"1!•*''
Intersection AM/PM Peak Hour Volumes
Slreet Segrnenl ADT
Project Site
·'l
't.,,
;.,
':••
fe
'%
,,._, (IP
St
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FigL~ 3·.2
Existing Volumes
ive Closure Stuay
April 19, 2022, Item #11
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Street Segment ADT
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Fig~ 6-1
Near-Term without Project Traffic Volumes
Sto,Ne Drive Closure Study
April 19, 2022, Item #11
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Fig~ 7-1
Project Traffic Volumes (Near-Term)
Stmve Drive Closure Stuay
April 19, 2022, Item #11
©
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§7''" ;;:1::.::.;
110.' :i:i _.,
616.' 0?4
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April 19, 2022, Item #11
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April 19, 2022, Item #11
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April 19, 2022, Item #11
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April 19, 2022, Item #11
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April 19, 2022, Item #11
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April 19, 2022, Item #11
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Mid-block Crosswalk Locations
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Oiscla n,e26aof;ctl~el data are beieved to be accurate. but accuracy is not guara.AJiJ--ACJ,IM~~Tc~ent and shouk:I not be substluted for a title search, appraisal, survey, or for zoning verifcation.
April 19, 2022, Item #11
APN 3230923900
APN 3230924000
..
APN 3230923500 :J
April 19, 2022, Item #11
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April 19, 2022, Item #11
AGREEMENT
OF
UNDERSTANDING
City
Council
for
the
City
of
Poway,
hereinafter
referred
to
as
"City"
and
General
Atomics
Aeronautical
Systems
Inc.
, hereinafter
referred
to
as
"Proponent"
enter
into
this
Agreement
of
Understanding
based
upon
the
following
facts:
Proponent
owns
or
has
an
equitable
interest
in
land
described
by
tax
Assessor's
Parcel
Number(s)
APN
3230923900,
and
adjacent
.
Proponent
desires
to
develop this
property
in
accordance
with
the
will
of
the
City
and
without
the
expense
of
a
protracted
development.
City
is
concerned
that
Proponent
will
create
development
plans
unsatisfactory
to
City
and
consume
time
and
effort
of
City
employees
needlessly
on
unsatisfactory
development
plans
unless
City
assists
in
directing
Proponent.
Based
upon
the
above
mentioned
facts,
City
will
grant
Proponent
a
hearing
prior
to
filing
any
application
for
development
upon
the
following
understanding:
a.
City
will
render
no
decision
with
regards
to
any
development
proposal
or
part
thereof.
b.
City
will
receive
no
evidence,
specific
in
nature,
in
support
of
a
particular
development
plan.
c.
City
will
make
no
representations
that
will
obligate
the
City
to
render
a
decision
in
favor
of
or
against
any
development
proposal
or
part
thereof
Proponent
may
subsequently
submit.
d.
If
any
development
proposal
is
subsequently
submitted,
Proponent
will
proceed
at
its
sole
and
exclusive
risk
with
the
understanding
that
City
has
made
no
representations
upon
which
Proponent
may
rely.
Dated:
02/10/2022
Proponent:
Signature
29 of
29 ATTACHMENT
F
April 19, 2022, Item #12
AG EN DA REPORT City of Poway
CITY COUNCIL
DATE: April 19, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Chumbley, Fire Chief ~
CONTACT: Brian Mitchell, Fire Battalion Chief ~/J"-.
(858) 668-4464 or [email protected]
SUBJECT: Replacement of Ladder Truck and Appropriation of Funds Summary:
Annually, as part of the City's Capital Replacement program, the City collects "rent" to be used to cover the eventual replacement costs of City vehicles and equipment. The Capital Replacement Budget includes funding for the purchase and replacement of the aging ladder truck. The ladder truck will be placed into frontline service located at Fire Station 3. It is recommended that the City Council approve the purchase of a ladder truck to be manufactured by South Coast Fire Equipment, Inc. The total estimated purchase price for this vehicle, sales tax, performance bond, California tire fee, and documentation fees are $1,650,422.58. This price includes a prepayment discount of $53,744. The request for funds to replace the ladder truck does not include upfit costs for communication equipment installation and tool mounts. This is due to the need to expedite the purchase of the ladder truck to avoid a 7% cost increase on May 1, 2022. The purchase of the ladder truck prior to May 1, 2022 will avoid a cost increase of $110,729.42. Funds for the upfit will be requested at a later date, closer to delivery of the new ladder truck. It is anticipated that it will take approximately 2 years for the ladder truck to be manufactured.
Recommended Action:
It is recommended the City Council adopt a resolution appropriating funds for the purchase of a ladder truck for a total estimated cost of $1,650,422.58 and authorize the City Manager to execute any necessary documents.
Discussion:
The City currently maintains one frontline ladder truck. The City's vehicle maintenance program plans for fire pumpers and ladder trucks to be operated in frontline service for 15 years. The current frontline ladder truck is a 2006 model and is located at Fire Station 3. In addition to being beyond the 15 years of frontline service, more recently the ladder truck has frequently been taken out of service for costly repairs. This is part of the factors contributing to staffs recommendation to move forward 1 of 5
April 19, 2022, Item #12
with
purchasing
a
new
ladder
truck.
Maintaining
the
scheduled
service
life
of
the
City's
fleet
of
emergency
vehicles
ensures
emergency
response
readiness
and
minimizes
the
impact
of
scheduled
vehicle
maintenance
activities
and
unplanned
repairs.
In
201
O
and
2014,
the
City
purchased
Type
I fire
pumpers
from
Southcoast
Fire
Equipment
Inc.
using
the
specifications
of
the
existing
fleet.
These
fire
engines
have
performed
well.
The
current
ladder
truck
uses
the
same
manufacturer
and
model
of
the
cab
and
chassis
as
the
Type
I pumpers.
Standardization
of
apparatus
streamline
maintenance
and
repair
efforts
and
maximize
training
and
operational
efficiencies
for
firefighting
personnel.
After
careful
evaluation
of
various
purchasing
options
and
pricing,
staff
determined
it
is
in
the
best
interest
of
the
City
not
to
proceed
with
its
own
formal
bid
process
and
recommends
the
formal
bidding
procedures
are
waived
for
the
following
reasons:
1. The
City
has
been
purchasing
Pierce
fire
apparatus
from
Southcoast
Fire
Equipment
Inc.
(the
primary
vendor
for
Pierce)
for
over
15 years,
historically
using
other
agencies'
cooperative
agreements
that
were
competitively
bid,
which
has
allowed
the
Fire
Department
to
achieve
maintenance
and
operational
efficiencies
as
previously
described;
2. The
requirement
of
Poway
Municipal
Code
Chapter
3.28 to
formally
bid
this
purchase
will
not
likely
result
in
a
lower
price
given
staffs
historical
experience;
and
3. Entering
into
the
contract
with
Southcoast
Fire
Equipment
Inc.
prior
to
May
1,
2022
will
save
Poway
resident
tax
dollars
through
cost
avoidance
(i.e.
not
becoming
subject
to
the
7%
increase).
Environmental
Review:
This
action
is
not
subject
to
California
Environmental
Quality
Act.
Fiscal
Impact:
The
ladder
truck
replacement
was
removed
from
the
Fiscal
Year
2020-21
Operating
Budget
as
part
of
the
City's
COVID-19
pandemic
retrenchment
efforts
to
preserve
liquidity
and
cash
flow.
However,
given
the
department's
need
for
the
vehicle,
given
current
economic
indicators
point
towards
continued
economic
recovery,
and
given
the
price
will
increase
7%
(i.e.
$110,729)
on
May
1,
2022,
the
purchase
is
being
recommended.
The
total
cost
of
the
ladder
truck
is
$1,650,422.58.
A
total
of
$1,134,041
has
been
collected
in
replacement
rental
charges
for
the
ladder
truck.
Due
to
the
increased
equipment
costs
at
time
of
replacement,
an
additional
$516,382
is
requested
to
fund
the
difference.
When
sufficient
funds
have
not
been
set
aside
through
the
City's
asset
management
replacement
charges,
the
requesting
department
funds
the
difference.
This
helps
ensure
the
financial
sustainability
of
the
replacement
funds.
Future
years'
asset
management
replacement
charges
will
be
based
on
the
new
purchase
price
and
will
begin
being
collected
next
year.
As
such,
staff
requests
Council
authorization
to
appropriate
$1,134,041
to
115010-61040
(Capital
Equipment
Replacement
-Autos
&
Trucks)
and
$516,382
to
501050-61040
(Fire
Suppression
-Autos
&
Trucks)
for
the
purchase
of
the
ladder
truck.
Funding
is
available
in
the
Capital
Replacement
Equipment
Fund
(Fund
6110)
and
General
Fund
Unassigned
Fund
Balance
(Fund
1000)
for
the
purchase
of
the
ladder
truck.
Public
Notification:
2 of
5 April 19, 2022, Item #12
None. Attachments: A.
Resolution
B.
South
Coast
Fire
Equipment,
Inc.
Quote
to
the
City
of
Poway
Reviewed/
Approved
By:
Assistant
City
Manager
3 of
5 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
c~ City
Manager
April 19, 2022, Item #12
RESOLUTION
NO.
22-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
AUTHORIZING
THE
CITY
MANAGER
TO
EXECUTE
A
PURCHASE
AGREEMENT
FOR
ONE
NEW
LADDER
TRUCK
AND
AN
APPROPRIATION
OF
FUNDS
WHEREAS,
the
City
proactively
plans
for
the
replacement
of
its
ladder
truck
by
setting
aside
monies
in
the
Capital
Replacement
Equipment
Fund
(Fund
6110)
each
year;
WHEREAS,
the
purchase
of
this
ladder
truck
from
South
Coast
Fire
Equipment,
Inc.
prior
to
May
1,
2022
will
result
in
a
7%
savings
totaling
approximately
$110,729.00;
WHEREAS,
the
cost
of
the
ladder
truck
is
approximately
$1,650,422.00,
inclusive
of
the
discount;
WHEREAS,
a total
of
$1,134,041
is
available
in
the
Capital
Replacement
Equipment
Fund
(Fund
6110)
for
the
purchase
of
one
ladder
truck;
which
is
$516,382
less
than
required
due
to
equipment
costs
increasing
faster
than
projected;
WHEREAS,
the
City
ensures
the
financial
sustainability
of
the
Capital
Replacement
Fund
by
having
the
department
fund
the
difference.
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:
SECTION
1:
The
City
Council
authorizes
an
appropriation
of
$1,134,041.00
to
the
Capital
Equipment
Replacement
account
115010-61040
and
$516,382.00
to
the
Fire
Suppression
account
501050-61040
for
the
purchase
of
one
ladder
truck.
PASSED,
ADOPTED
AND
APPROVED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
19th
day
of
April,
2022
by
the
following
vote,
to
wit:
AYES: NOES: ABSENT: DISQUALIFIED:
Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
City
Clerk
4of
5 ATTACHMENT
A
April 19, 2022, Item #12
SOUT
OAST
CITY
OF
POWAY
FIRE
DEPARTMENT
100%
Pre-Payment
Option
March
24,
2022
If
a
100%
pre-payment
were
made
at
contract
signing,
the
following
discount
would
be
applied
to
the
final
invoice:
Each
Extension
One
( 1 )
Arrow
XT
Tractor
Drawn
Aerial
(TDA)
per
the
enclosed
proposal
for
delivery
sum
of
$
1,581,848.92
$
1,581,848.92
100%
Prepayment
Discount
$
(53,744.00)
$
(53,744.00)
APPARATUS
COST
$
1,528,104.92
$
1,528,104.92
Sales
Tax@
7.750%
$
118,428.13
$
118,428.13
Performance
Bond
$
3,875.53
$
3,875.53
California
Tire
Fee
$
14.00 $
14.00 Consortium
Fee
Not
Applicable
$
-
$
-
TOTAL
PREPAY
PURCHASE
PRICE
$
1,650,422.58
$
1,650,422.58
Less
100%
pre-payment
at
Contract
Signing
$
1,650,422.58
$
1,650,422.58
BALANCE
DUE AT DELIVERY
$0.00
$0.00
I
100%
PRE-PAYMENT
blsCoONT
SHOWN
ABOVE
Is
AVAILABLE
IN
TWO
WAYS:
a)
If
your
department
makes
a
100%
cash
pre-payment
at
contract
signing.
b)
If
your
department
signs
up
for
a
lease-purchase
with
Pierce
Financial
Solutions.
This
would
require
no
money
down
and
no
payments
for
one
(1)
year
if
desired.
*
Discount
for
the
100%
pre-payment
option
includes
discounts
for
the
chassis,
interest,
aerial
(if
applicable),
and
flooring
charges.
*
Any
item
added
after
this
option
is
elected
will
come
at
additional
cost
and
will
be
added
to
the
final
invoice.
5 ofS
ATTACHMENT
B