February 7, 2023, Item #2
AGENDA RE PO RT City of Poway
DATE:
TO:
FROM:
February 7, 2023
Honorable Mayor and Members of the City Cou~cil
Carrie Gallagher, City Clerk V~
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the January 17, 2023 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• January 17, 2023 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.
Recommended Action:
It is recommended the City Council approve January 17, 2023 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. January 17, 2023 Regular City Council Meeting Minutes Reviewed/ Approved By:
w~1JKa~
Assistant City Manager
1 of 7
Reviewed By:
Alan Fenstermacher
City Attorney
February 7, 2023, 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
January
17,
2023
City
Council
Chambers
13325
Civic
Center
Drive,
Poway,
California
(Per
Government
Code
54953)
(Meeting
Called
to
Order
as
City
Council/City
of
Poway
Planning
Commission/Poway
Housing
Authority/Public
Financing
Authority
and
Successor
Agency
to
the
Poway
Redevelopment
Agency)
CALL
TO
ORDER
Mayor
Vaus
called
the
Regular
Meeting
to
order
at
7:00
p.m.
ROLL
CALL
Present:
Brian
Pepin
(via
teleconference),
Caylin
Frank,
Peter
De
Hoff,
Barry
Leonard,
Steve
Vaus STAFF
MEMBERS
PRESENT
City
Manager
Chris
Hazeltine;
Assistant
City
Manager
Wendy
Kaserman;
City
Attorney
Alan
Fenstermacher;
City
Clerk
Carrie
Gallagher;
Director
of
Development
SeNices
Bob
Manis;
Acting
Finance
Director
Brad
Rosen;
Director
of
Human
Resources
and
Risk
Management
Jodene
Dunphy;
Director
of
Public
Works
Eric
Heidemann;
Director
of
Community
SeNices
Audrey
Denham;
Fire
Chief
Jeff
Chumbley;
Captain
Karla
Menzies,
Sheriff's
Department.
(Note:
Hereinafter
the
titles
Mayor,
Deputy
Mayor,
Councilmember,
City
Manager,
Assistant
City
Manager,
City
Attorney,
City
Clerk
and
Director
of
Finance
shall
be
used
to
indicate
Mayor/Chair,
Deputy
MayorNice
Chair,
Councilmember/Director,
City
Manager/Executive
Director,
Assistant
City
Manager/Assistant
Executive
Director,
City
Attorney/Counsel,
City
Clerk/Secretary
and
Director
of
Finance/Finance
Officer.)
PLEDGE
OF
ALLEGIANCE
Deputy
Mayor
Leonard
led
the
Pledge
of
Allegiance.
MOMENT
OF
SILENCE
Mayor
Vaus
led
a
moment
of
silence.
PRESENTATIONS None
.
2 of
7 February 7, 2023, Item #2
City
of
Poway
-
Minutes
-
January
17,
2023
PUBLIC
COMMENT
Pete
Neild
(via
teleconference) spoke
regarding
Council vote
abstentions
specific
to
agenda
items
related
to
political
contributors.
He
also
expressed
concerns
over
contribution
amounts
related
to
the
recent
municipal
election.
Yuri
Bohlen
spoke
regarding
a
recent
incident
at
his
residence,
he
stated
he
believes
Poway
has
a
worsening
homelessness
crisis
and
encouraged
Council
to
take
a
proactive
approach.
John
Barton
spoke
regarding
traffic
concerns
on
Midland
Road
and
Edgemoor
Street.
He
encouraged
traffic
calming
measures
and
noted
having
obtained
petition
signatures
to
present
at
the
next
Traffic
Safety Committee
Meeting.
CONSENT
CALENDAR
Motioned
by
Mayor
Vaus,
seconded
by
Deputy
Mayor
Leonard
to
approve
Consent
Calendar
Item
1,
and
Items
3 through
5. Motion
carried
5/0
by
the
following
roll-call
vote:
Ayes: Noes: Abstained: Absent: Disqualified:
Pepin,
Frank,
De
Hoff,
Leonard,
Vaus
None None None None
Motioned
by
Mayor
Vaus,
seconded
by
Deputy
Mayor
Leonard
to
approve
Consent
Calendar
Item
2. Motion
carried
3/0/2
by
the
following
roll-call
vote:
Ayes: Noes: Abstained: Absent: Disqualified:
Frank,
Leonard,
Vaus
None Pepin,
De
Hoff
None None
1. Approval
of
Reading
by
Title
Only
and
Waiver
of
Reading
in
Full
of
Ordinances
on
this
Agenda
2. Approval
of
the
December
6,
2022
Regular
City
Council
Meeting
Minutes
and
the
December
13,
2022
Special
Meeting
Minutes
3. Adoption
of
Resolution
No.
23-001
entitled,
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California,
Finding
and
Declaring
the
Continued
Existence
of
an
Emergency
within
the
City
due
to
the
Novel
Coronavirus
(COVID-19)
Global
Pandemic"
4. Agreement
with
HASA,
Inc.,
for
the
Supply
of
Chemicals
for
the
Poway
Swim
Center,
Bid
23-
005
5. Acceptance
of
the
2022-23
Citywide
Striping
Project;
Bid
No.
22-012,
with
Statewide
Stripes,
Inc.
, as
Complete
ORDINANCES
FOR
INTRODUCTION
None. 3
of
7 February 7, 2023, Item #2
City of Poway -Minutes -January 17, 2023
PUBLIC HEARINGS:
6. Tentative Tract Map (TTM) 22-0002; a Request for Approval of the First One-Year Time Extension for a Previously Approved Subdivision (TTM18-005) Mayor Vaus opened the Public Hearing at 7: 10 p.m.
Associate Planner Hector Salgado presented the report along with a PowerPoint presentation.
He noted the item is a request for the first of five available, one year time extensions of the tentative tract map as allowed by the Poway Municipal Code. He presented a slide showing the project site including size, location, and current property development which is intended to be demolished if the project goes forward. Mr. Salgado provided zoning information and stated the property lies within a high fire hazard area. He discussed the proposed subdivision noting no home development is proposed at this time and minor development review application reviews would be needed per home if development is proposed in the future.
Alternatively, if a developer proposed a tract home subdivision, that would be subject to City Council approval.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:13 p.m.
Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No. 23-002 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map 22-0002; the First Time Extension of the Approval for Tentative Tract Map 18-005, Assessor's Parcel Numbers 316-120-18 and 316-120-25".
Motion carried unanimously.
7. Second Reading and Adoption of Ordinance 859 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Poway Municipal Code (PMC) Title 15, Adopting by Reference the 2022 California Building Standards Codes, with Local Amendments" MayorVaus opened the Public Hearing at 7:15 p.m.
City Clerk Carrie Gallagher presented the report. She stated, the Ordinance was previously introduced, first read and approved unanimously at the December 6, 2022, City Council Meeting. Ms. Gallagher noted, due to the fact Ordinance 859 adopts secondary codes, such as the updated California Building Code, into the Poway Municipal Code by reference, the second reading must occur at a public hearing pursuant to Government Code section 50022.3.
Ms. Gallagher stated the item was properly noticed per Government Code section 6066.
Public Comment:
None.
End of Public Comment.
4 of 7
February 7, 2023, Item #2
City
of
Poway
-
Minutes
-
January
17,
2023
Mayor
Vaus
closed
the
Public
Hearing
at
7: 15
p.m.
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Frank
to
adopt
Ordinance
No.
859
entitled,
"An
Ordinance
of
the
City
Council
of
the
City
of
Poway,
California,
Amending
Poway
Municipal
Code
(PMC)
Title
15,
Adopting
by
Reference
the
2022
California
Building
Standards
Codes
with
Local
Amendments."
Motion carried
510
by
the
following
roll-call
vote.
Ayes: Noes: Abstained: Absent: Disqualified:
STAFF
REPORTS:
Pepin,
Frank,
De
Hoff,
Leonard,
Vaus
None None None None
8. Approval
of
Agreement
with
Charlie's
Classic Cooking
to
Provide
Catering
Services
for
the
Older
Adult
Congregate
Meal
Program
at
the
Mickey
Cafagna
Community
Center
Director
of
Community
Services
Audrey
Denham
presented
the
item.
She
stated,
following
an
unsuccessful
bid
process
last
year
,
Council
approved
re-scoping
and
re-advertising
the
request
for proposals
and
shortly
after,
the
Charlie's
Classic
Cooking
bid
was
received
. City
staff
and
the
Friends
of
Poway
Seniors
(Friends)
reviewed
the
proposal,
interviewed
Charlie
and
sampled
the
food.
Ms.
Denham
provided
the
cost
per
meal
, the
dining
schedule,
gave
an
overview
of
meal
ordering
options,
discussed
the
dining
room
setting
and
provided
information
on
plans
for
the
food
to
be
prepared
offsite
then
transported
onsite
where
it will
be
plated
and
served
with
refreshments
. Contractor
verses
City
staff
responsibilities
for
the
day-to-day
operations
of
the
program
were
noted.
She
added
the
meal
program
costs
are
fully
offset
through
a
combination
of
participant
fees
and
contributions
of
the
Friends
adding
in
addition
to
the
Friends
paying
for
the
meal
program,
their
donation
of
$100,000
had
greatly
enhanced
the
older
adult
programming
the
City
offers,
including
funding
new
positions
that
will
help
provide
a
restaurant
like
setting
for
the
meal
program
. She
concluded
with
a
big
thank
you
to
the
Friends
of
Poway
Sen
iors.
Public
Comment:
Yuri
Bohlen
spoke
in
support
of
the
Older
Adult
Congregate
Meal
Program
and
its
/ow-cost
proposal. End
of
Public
Comment
.
At
the
request
of
Mayor
Vaus
, Ms
. Denham
explained
the
process
for
the
program
which
includes
the
advance
purchase
of
monthly
meals
and
noted
the process
will
be
evaluated
to
find
the
best
system
to
accommodate
the
older
adults.
Council
discussion
ensued
.
The
restaurant
style
atmosphere
allowing
for
friendly
socialization
in
addition
to
the
low
cost
for
meals
were
noted.
Council
thanked
and
noted
its
appreciation
to
the
Friends
of
Poway
Seniors
and
Community
Services for
their
work
and
dedication
to
this program.
5 of
7 February 7, 2023, Item #2
City
of
Poway-
Minutes
-January
17,
2023
Motioned
by
Deputy
Mayor
Leonard,
seconded
by
Mayor
Vaus
to
approve
the
Agreement
and
authorize
the
City
Manager
to
execute
all
necessary
documents
associated
with
the
Agreement
between
the
City
of
Poway
and
Charlie's
Classic
Cooking
to
provide
meal
service
for
the
Older
Adult
Congregate
Meal
Program
at
the
Mickey
Cafagna
Community
Center.
Motion
carried
unanimously.
9. Approving
a
CalPERS
180-day
Waiting
Period
Exception
to
Hire
a
Retired
Annuitant
Director
of
Human
Resources
and
Risk
Management
Jodene
Dunphy
presented
the
item.
She
noted
the
City
has
a
current
vacancy
in
the
position
of
Director
of
Finance
and
therefore
an
urgent
need
exists
to
temporarily
fill
the
position
with
a
retired
annuitant
while
the
City
conducts
a
recruitment
for
a
permanent
replacement.
Public
Comment:
None. End
of
Public
Comment.
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Frank
to
adopt
Resolution
No.
23-003
entitled,
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California,
for
a
180-Day
Waiting
Period
Exception
to
Hire
a
Retired
Annuitant
Pursuant
to
Government
Codes
Sections
7522.56
and
21221(h)".
Motion
carried
unanimously.
WORKSHOPS None. COUNCIL-INITIATED
ITEMS:
None. COUNCIL
COMMITTEE
REPORTS
and
ANNOUNCEMENTS:
Pursuant
to
AB1234
-
(G
.C.
53232(d)) Councilmember
Frank
expressed
her
appreciation
to
Community
Services
Department
staff
for
their
work
on
a
successful
Winter
Festival
event.
Deputy
Mayor
Leonard
spoke
regarding
volunteer
efforts
of
Poway
residents
and
highlighted
a
featured
article
in
Poway
Living
Magazine
. He
praised
the
successful
efforts
of
the
recent
shoe
donation
drive
held
to
benefit
Valley
Elementary
students
and
acknowledged
the
generosity
of
City
staff
who
participated
through
donations
and
distribution.
Mayor
Vaus
spoke
regarding
the
recent
changes
to
the
voting
system
at
SAN
DAG
. He
expressed
concerns
over
the
newly
adopted
weighted
vote
outrides
the
tally
vote
and
provides
a
disadvantage
to
the
smaller
cities
which
make
up
the
majority
of
San
Diego
County.
CITY
MANAGER
ITEMS
None. Mayor
Vaus
recessed
the
meeting
into
Closed
Session
at
7:40
p.m
.
6 of
7 February 7, 2023, Item #2
City
of
Poway
-
Minutes
-
January
17,
2023
CITY
ATTORNEY
ITEMS
(Including
any
public
report
of
any
action
taken
in
closed
session)
10. Conference
with
Legal
Counsel
-
Anticipated
Litigation
Government Code
§
54956
.9(d)(2)
-
one
(1)
case
11. Conference
with
legal
counsel-Existing
litigation
(Government
Code§
54956.9(d)(1))
Two
(2)
Cases;
Pina
Smoothies,
et.
al.
v. City
of
Poway,
San
Diego
Superior
Court
Case
Nos.
37-2020-00018626
&
37-2020-00042487
City
Attorney
Fenstermacher
stated
the
City
Council
voted
5/0
to
authorize
the
City
Manager
to
effectuate
settlement
of
both
cases.
ADJOURNMENT The
meeting
was
adjourned
at
8:40
p.m.
7 of
7 Carrie
Gallagher,
CMC
City
Clerk
City
of
Poway,
California
February 7, 2023, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
February 7, 2023
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief !#
Jeff Chumbley, Fire Chief
(858) 668-4461 or jchumbl @poway.org
CITY COUNCIL
Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic The Novel Coronavirus (COVID-19) global pandemic continues to 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. Based on a recent announcement by the State of California that it plans to end the COVI D-19 State of Emergency on February 28, 2023, the City plans to end its local emergency at the February 21, 2023 City Council Meeting.
Recommended Action:
It is recommended 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, and December 1 of 6
February 7, 2023, Item #3
7. In 2022, the City Council approved to continue the emergency action on January 18, February 1, February 15, March 1, March 15, April 5, April 19, May 3, May 17, June 7, June 21, July 19, August 2, August 16, September 20, October 4, October 18, November 15 and December 6. In 2023, the City Council approved to continue the emergency action on January 17. 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.
Based on a recent announcement by the State of California that it plans to end the COVID-19 State of Emergency on February 28, 2023, the City plans to end its local emergency at the February 21, 2023 City Council Meeting.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
As of January 23, 2023, 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, on April 20, 2020, the City Council approved $2,000,000 to fund the Poway Emergency Assistance Recovery Loans (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 staffs review, 35 loans totaling $1,328,188 were approved and five loans totaling $198,000 have been repaid in full, two loan recipients began making monthly payments in January. The total outstanding balance for all loans is $1,127,997. With the anticipated end of the City's local emergency at the February 21, 2023 City Council meeting, all PEARL loan recipients have been notified that loans must be paid in full no later than May 23, 2023 to avoid interest accruing on the loans. In accordance with the loan application documents, loan recipients opting to make monthly payments will have three years to repay the loans with a 3% annual interest rate. 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
2 of 6
February 7, 2023, Item #3
B. Proclamation of Local Emergency
Reviewed/Approved By:
We~rJx,:::-
Assistant City Manager
3 of6
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
February 7, 2023, Item #3
RESOLUTION
NO
. 23-
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,
April
5,
April
19,
May
3,
May
17,
June
7,
June
21,
July
19,
August
2,
August
16,
September
20,
October
4,
October
18,
November
15,
December
6,
and
in
2023
on
January
17;
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.
4 of6
ATTACHMENT
A
February 7, 2023, Item #3
Resolution No. 23-
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 (COVI D-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 7th day of February, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of6
February 7, 2023, Item #3
PROCLAMATION
OF
LOCAL
EMERGENCY
WHEREAS,
section
2.12.060
of
the
Poway
Municipal
Code
empowers
the
Director
of
Emergency
Services
to
proclaim
the
existence
or
threatened
existence
of
a
local
emergency
when
the
City
is
affected
or
likely
to
be
affected
by
a
public
calamity
and
the
City
Council
is
not
in
session;
WHEREAS
, the
City
Manager,
as
Director
of
Emergency
Services
of
the
City
of
Poway,
does
hereby
find
that
conditions
of
extreme
peril
to
the
safety
of
persons
and
property
have
arisen
within
the
City
of
Poway,
caused
by
the
Novel
Coronavirus
(COVID-19)
commencing
on
January
24,
2020;
WHEREAS,
that
the
City
Council
of
the
City
of
Poway
is
not
in
session
and
cannot
immediately
be
called
into
session;
and
WHEREAS,
this
Proclamation
of
Local
Emergency
will
be
ratified
by
the
City
Council
within
seven
days
of
being
issued.
NOW,
THEREFORE,
IT
IS
HEREBY
PROCLAIMED
by
the
Director
of
Emergency
Services
for
the
City
of
Poway,
that
a
local
emergency
now
exists
throughout
the
City
and
that
said
local
emergency
shall
be
deemed
to
continue
to
exist
until
its
termination
is
procla
imed
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.
Director
of
Emergency
Services
6 of6
ATTACHMENT
B
February 7, 2023, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
February 7, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services~
Jeff Beers, Special Projects Engineer ~
(858) 668-4624 or [email protected]
CITY COUNCIL
Award of Contract to Synlawn for the Poway Swim Center Artificial Turf Installation Project and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
This action will award a construction contract for the Poway Swim Center Artificial Turf Installation project. The project includes the removal of existing turf and installation of new artificial turf in various locations at the Poway Swim Center.
Recommended Action:
It is recommended the City Council:
(1) Award the contract for the Poway Swim Center Artificial Turf Installation project to Syn lawn, in the amount of $132,435.25 and authorize the City Manager to execute the contract (Attachment A); and
(2) Make a determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
Discussion:
The Poway Swim Center Artificial Turf Installation project will replace all the grass turf areas surrounding the pool and splash pad with artificial turf. The existing grass turf areas are confined by fencing and although there are gates to allow grass mowing equipment in, the equipment must travel across the pool deck damaging the surface. Also, swimmers track soil and grass into the pool, causing filtration issues. The change to artificial turf will alleviate these ongoing issues.
The City is a member of several cooperative purchasing organizations including Sourcewell, formerly known as National Joint Powers Alliance (NJPA), which establishes and provides nationwide, competitively solicited purchasing contracts that can be utilized by member agencies, such as the City of Poway. For efficiency and optimal pricing, it is recommended the City of Poway enter into an agreement with Synlawn through the procurement agreement available through Sourcewell. City of Poway Municipal Code Section 3.28.110 authorizes the City to participate in cooperative agreements as an economical alternative to the bidding process.
1 of 11
February 7, 2023, Item #4
The
contract
time
for
this
project
is
20 working
days
with
an
engineer's
estimate
of
$150,000.
Environmental
Review:
The
proposed
turf
installation
of
an
existing
facility
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA)
as
a
Class
1 Categorical
Exemption,
pursuant
to
Section
15301
(c)
of
the
CEQA
Guidelines,
in
that
the
project
involves
maintenance
of
an
existing
facility
with
no
expansion
of
use.
Fiscal
Impact:
There
is
sufficient
funding
available
in
the
Pool
Turf
Installation
project
account
(MN038)
to
award
the
contract. Public
Notification:
None. Attachments: A.
Contract
Reviewed/Approved
By:
Assistant
City
Manager
2 of
11 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By
:
City
Manager
February 7, 2023, Item #4
SECTION
8 CONSTRUCTION
CONTRACT
CITY
OF
POWAY
POWAY
SWIM
CENTER
ARTIFICIAL
TURF
INSTALLATION
This
Contract
made
and
entered
into
this
8th
day
of
February
, 2023,
by
and
between
City
of
Poway,
a municipal
corporation
of
the
State
of
California,
hereinafter
referred to
as
"City"
and
Northwest
Surfacing
Specialists
dba
Synlawn,
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:
removal
of
existing
grass
sod
, grading,
placement
of
Class
II
base
material
and
installation
of
artificial
turf
in
four
areas
around
the
Swim
Center
.
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
February 7, 2023, Item #4
Poway
Swim
Center
Artificial
Turf
Installation
I Construction
Contract
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
$132,435.25
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
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
4 of
11 2
February 7, 2023, Item #4
Poway
Swim
Center
Artificial
Turf
Installation
I Construction
Contract
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
5 of
11 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
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.
3 February 7, 2023, Item #4
6 of
11 Poway
Swim
Center
Artificial
Turf
Installation
I Construction
Contract
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
VII,
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
nature
attributable
to
the
City,
and/or
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors,
that
result
from
such
failure
by
Contractor.
4 February 7, 2023, Item #4
Poway
Swim
Center
Artificial
Turf
Installation
I Construction
Contract
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
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.
5 February 7, 2023, Item #4
Poway
Swim
Center
Artificial
Turf
Installation
I Construction
Contract
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
.
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.
8 of
11 6
February 7, 2023, Item #4
Poway
Swim
Center
Artificial
Turf
Installation
I Construction
Contract
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
Labo
r 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
atthe
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
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.
7 February 7, 2023, Item #4
Poway
Swim
Center
Artificial
Turf
Installation
I Construction
Contract
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
February 7, 2023, Item #4
Poway
Swim
Center
Artificial
Turf
Installation
I Construction
Contract
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 February 7, 2023, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
CITY COUNCIL
February 7, 2023
Honorable Mayor and Members of the City Co
1 ~ncil
Eric Heidemann, Director of Public Works 4~ 3/
Will Wiley, Assistant Director of Public Works for Maintenance Operation (858) 668-4705 or [email protected] .
Award of Agreement to Weatherproofing Technologies, Inc. for the Roof Maintenance Program and As-Needed Repairs; RFP No. 23-007 A request for proposals (RFP) for the Roof Maintenance Program and As-Needed Repairs, RFP No. 23- 007, was duly advertised on November 3 and November 10, 2022. Two (2) responsive proposals were received and opened on November 22, 2022. Staff reviewed the proposals submitted and selected Weatherproofing Technologies, Inc. (WTI) as the company providing the best value for roof maintenance program services and as-needed roof repair services to the City of Poway (City). Staff determined WTI to be responsive and qualified to provide these services. The term of the agreement is two (2) years beginning February 8, 2023, through February 7, 2025, with three (3) one-year extensions.
Recommended Action:
It is recommended the City Council:
(1) Authorize an appropriation totaling $83,473 from the General Fund Unassigned Fund Balance (Fund 1000);
(2) Award the agreement for roof maintenance program and as-needed repair services to Weatherproofing Technologies, Inc.; and
(3) Authorize the City Manager to execute any necessary documents.
Discussion:
The City has a continuing need for as-needed roofing services for various repairs and maintenance at facilities throughout the City. Maintaining the roof structures of City facilities requires the assistance and expertise of specially trained and qualified roofing experts. Historically, the City has entered into agreements for as-needed roof repairs and emergency leak response services, but the City has not had a formal roof maintenance program. The roof maintenance program is intended to reduce the number of emergency repairs and leak responses by providing preventative maintenance and housekeeping services for each facility roof two (2) times per year. 1 of 23
February 7, 2023, Item #5
On
November
3 and
November
10,
2022,
staff
duly
advertised
an
RFP
for
the
roof
maintenance
program
and
as-needed
repair
services
.
The
RFP
was
advertised
on
the
City's
website, online
bid
portal,
and
in
the
local
newspaper.
In
addition,
staff
contacted
five
(5)
contractors
to
notify
them
of
the
RFP.
On
November
22,
2022,
the
City
received
two
(2)
proposals.
A
third
proposal
was
received
on
November
23 , 2022,
and
deemed
non-responsive
as
it
was
not
received
by
the
RFP
deadline
.
A
cost
summary
of
the
proposals
received
is
provided
in
Table
1 below.
Table
1:
Roof
Maintenance
Program
and
As-Needed
Repair
Services
Proposals
Summary
Roof
Maintenance
Hourly
Rates
for
Repairs/Emergency
Company
Program
Annual
Fee
Leak
Response
(Two
Employee
Crew
with
Vehicle)
Good-Men
Roofing
&
$268,511.00
Regular
Business
Hours
$374.50
Construction,
Inc.
After
Hours/Weekends
$407
.12
Regan
Roofing,
Inc.*
$1,528
,000.00
Regular
Business
Hours
$1,280
.00
After
Hours/Weekends
$1,770
.00
Weatherproofing
$193,472.20
Regular
Business
Hours
$206.00
Technologies,
Inc.
After
Hours/Weekends
$258.00
*Non-responsive
proposal
The
costs
included
in
the
"Roof
Maintenance
Program
Annual
Fee"
are
the
proposers'
submitted
annual
lump
sum
costs
to
provide
bi-annual
preventative
maintenance
and
housekeeping
services
for
City
facilities,
which
includes
67 roofs.
The
proposals
were
independently
reviewed
and
scored
by
a
review
panel
consisting
of
three
(3)
City
staff
members
.
Both
contractors
were
then
invited
for
interviews
as
part
of
the
selection
process
.
The
interviews
were
held
on
December
13,
2022.
Each
interview
was
scheduled
for
60 minutes
and
consisted
of
a
question-and
-answer
discussion
with
14 questions
prepared
by
the
review
panel.
The
interview
included
a
demonstration
of
the
on
line
reporting
database.
The
questions
provided
each
contractor
the
opportunity
to
provide
additional
details
on
their
company
covering
the
topics
of
technical
expertise,
employee
training
and
staffing,
and
quality
control
measures.
Following
the
selection
interviews,
the
review
panel
determined
WTI
offered
the
best
overall
value
to
provide
the
comprehensive
roofing
services
the
City
is
seeking.
The
City
requested
a
best-and-final
offer,
and
in
working
with
their
corporate
offices,
WTI
was
able
to
reduce
their
initial
proposal
by
$129,989
without
compromising
the
level
of
service.
Under
the
agreement
, WTI
will
be
prov
iding
bi
annual
inspections
for
all
City
facility
roofs
and
as-needed
roof
repairs
, including
emergency
leak
response.
WTI
has
over
60 years
of
experience
providing
similar
services
to
hundreds
of
municipalities
throughout
the
United
States,
including
experience
with
municipalities
in
Southern
California.
WTI
will
assign
a
dedicated
project
team
to
provide
these
services
to
the
City.
Staff
was
impressed
with
WTl
's
knowledge
and
experience,
employee
training
program,
and
the
online
reporting
database.
The
roof
maintenance
program
database
will
include
roof
inventory,
provide
a
roof
condition
assessment
for
each
facility,
establish
a
replacement
schedule,
and
estimate
roof
replacement
costs
for
each
facility
. This
will
assist
staff
in
budgeting
for
future
Capital
Improvement
Projects
(CIPs)
. The
goal
of
the
roof
maintenance
program
is
to
reduce
the
need
for
emergency
roof
leak
responses
and
unscheduled
roof
repairs,
which
will
reduce
overall
repair
costs.
2 of23
February 7, 2023, Item #5
The
Facilities
Division
Fiscal
Year
2022-23
Operating
Budget
includes
$110,000
for
the
roof
maintenance
program.
Due
to
increased
materials
and
labor
costs,
the
proposal
exceeds
the
amount
budgeted.
Staff
is
requesting
an
appropriation
in
the
amount
of
$83,473
to
cover
the
annual
roof
maintenance
program
for
the
initial
year
of
the
contract.
Funds
for
subsequent
fiscal
years
will
be
included
in
the
annual
budget
process
for
Council
consideration.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
The
Fiscal
Year
2022
-23
Facilities
Maintenance
Division
budget
(415010-43040)
includes
$110,000
for
the
roof
maintenance
program.
An
appropriation
is
being
requested
from
the
General
Fund
Unassigned
Fund
Balance
(Fund
1000)
to
cover
the
remaining
amount
of
$83,473
to
fund
this
program
for
the
initial
year
of
the
agreement.
Amounts
for
subsequent
fiscal
years
will
be
included
in
the
annual
budget
process
for
Council's
consideration
.
Public
Notification:
None. Attachments: A.
Standard
Agreement
Reviewed/Approved
By
:
Assistant
City
Manager
3 of23
Reviewed
By
:
Alan
Fenstermacher
City
Attorney
City
Manager
February 7, 2023, Item #5
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 8th day of February, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and WEATHERPROOFING TECHNOLOGIES, INC., an Ohio corporation, (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to perform roof maintenance program services and as-needed roofing services for various City facilities (Project);
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services;
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 4 of23 ATTACHMENT A
February 7, 2023, Item #5
connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to 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 agreement 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.
5 of23
February 7, 2023, 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:
6 of 23
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
February 7, 2023, 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 agreement 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.
7 of23
February 7, 2023, 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.
(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 8 of23
February 7, 2023, Item #5
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 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by 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.
9 of23
February 7, 2023, 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.
10 of 23
February 7, 2023, 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)
11 of 23
February 7, 2023, 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:
WEATHERPROOFING TECHNOLOGIES,
INC.
By:------------
Jaime Brink, VP-CFO & Treasurer
Date: ------------
By:-------------
Alan Fenstermacher, City Attorney
12 of 23
February 7, 2023, Item #5
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Contractor agrees to provide roof maintenance program services and as needed roofing services as required by City, further described in the Scope of Services 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 Proposals submitted in writing on January 3, 2023, which is included in this document as Attachment
2. Total fee is not to exceed $193,472.20 per year plus amounts designated for as needed services not to exceed the City's adopted fiscal year operating budget for as needed roof repair services. 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 February 8, 2023, and ending February 7, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Agreement and any Agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first year of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than February 8, 2025. 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.
13 of 23
February 7, 2023, 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 $2,000,000 Bodily Injury and Property Damage combined each occurrence and $4,000,000 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.
14 of 23
February 7, 2023, Item #5
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
15 of23
To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
Weatherproofing Technologies, Inc.
4901 Morena Blvd., Suite 323
San Diego, CA 92117
(Remainder of page intentionally left blank)
February 7, 2023, Item #5
ATTACHMENT 1
SCOPE OF SERVICES
1. Purpose/General Requirements: The purpose of this RFP is to obtain proposals for roofing services for City facilities including: biannual roof inspections (two (2) inspections per year), preventative maintenance, general housekeeping, and emergency roof repairs/leak response.
The City wishes to enter into an agreement with a company that is proactive in their work standards and can meet or exceed the qualifications set forth in this proposal package. The successful company shall be familiar with and have the ability to provide maintenance and repair work on the roofs per the technical specifications below. It is required that the contractor provide an online reporting portal/database and provide access to City staff to access drawings, reports forecasts, invoices, service requests, etc.
Repair and maintenance of roof systems at City facilities may include but is not limited to:
• Built-up
• Tile
• Shingles
• Single-ply
• Metal
• Flashings
• Gutters
• Drains
• Curbs
• Coping
• Details
Appropriate fall protection shall be used at all times when completing inspections, roof maintenance and repair work. Contractor shall submit fall protection plan for review and approval by City.
2. Scope of Work: The Contractor is to perform biannual (two (2) times per year) roof inspections, preventative maintenance, and all repairs to roofing structures and/or parts of roofing structures such as but not limited to gutters, parapet walls, downspouts, vents, drains, utility openings, hatches, flashings, copings, or underlayment. All Work shall be performed to the highest standards of the industry, skill, workmanship, applicable trade best practices, meet warranties and in conformance to all applicable laws, codes and regulations. All ladders/hoists to access building roofs are the responsibility of the Contractor.
A. Roof Inspections: Biannual (two (2) times per year) roof inspection services include the following:
i. Visual inspection of the roof membrane and roof surface conditions. ii. Inspection of the flashing systems including, but not limited to, the metal edge system, base flashings on equipment and adjoining walls, counterflashing and termination details, soil stacks and vents, and inspection of roofing details for rooftop projections and equipment such as pitch pans, HVAC equipment, skylights and access hatches.
B. Roof Inspection Reports: The Contractor will provide City with reports from all roof inspections performed under this Agreement. The reports will be provided through an 16 of 23
February 7, 2023, Item #5
online reporting portal/database, which the City and its authorized representatives can access. Reports shall include:
i. CAD roof drawings of each building;
ii. Roof core data including roof membrane type;
iii. Insulation type, if present, and roof deck type;
iv. Photos of conditions observed, and maintenance work completed for each roof level; v. Roof condition assessments for each roof level including any short-term recommendations (with costs) for additional repairs and long-term recommendations for complete restoration or replacement (with costs);
vi. Life expectancy per roof level with current restoration and replacement costs; and vii. A 1-10 year roof restoration and replacement plan.
C. Preventative Maintenance Services: Preventative maintenance will occur in conjunction with the roof inspections (biannually) and consists of the following repairs and maintenance:
i. Flashing components and details: Patch minor flashing defects and kick holes, reinforce open flashing laps, seal open metal edge laps and open flanges within reason, seal open coping joints, seal expansion joint laps, re-secure and/or seal intermittent fasteners that have backed out, refill pitch pans, caulk storm collars and reseal intermittent voids in termination bar and counterflashing. ii. Roof membrane: Repair intermittent splits, tears, open laps and breaks in the membrane. Patch any fractured blisters or those in danger of fracture due to traffic. iii. Drains, Gutters and Scuppers: Tighten drain bolts and clamping rings (if possible).
Owner will be advised of missing drain strainers. Repair strip-in around drains and scuppers, re-secure gutters, and seal open gutter joints.
All repair materials shall be reviewed and approved by the City. Materials must be VOC compliant and compatible with each specific roof system type, and when applicable.
Contractor must maintain any existing long-term roof system manufacturer warranties and comply with roof manufacturer requirements for maintenance and repairs.
D. General Rooftop Housekeeping Services: General rooftop housekeeping services will occur in conjunction with the roof inspections (biannually) and include:
17 of 23
i. Removal of debris (i.e., leaves, branches, paper, bottles, balls, and similar items) from the roof membrane and drainage areas including all gutters. ii. Disposal of debris will be at the Owner's approved on-site location or location within the City limits.
iii. Water test all roof drains. Immediately notify City of any blocked or slow roof drains that require attention.
February 7, 2023, Item #5
E. Emergency Roof Repairs/Leak Response: Contractor shall provide 24 hour, 7 days per week leak response. City staff shall be able to make emergency requests/service request via the online reporting system/database. Below are required response times:
i. Routine leak response time -24 hours
ii. Urgent leak response time -Same day, within 4 hours iii. Provide follow-up notice of completed repairs to appropriate City Personnel within 24 hours of completion of the repair/work.
iv. Leak calls will be billed on a time and material basis based on contractor unit bid pricing.
F. Quarterly Meetings: Contractor will meet quarterly with City staff (virtual or in-person) to provide an update on the roof maintenance program and discuss upcoming schedule.
3. Method of Performing Work:
A. Methods of Operation: The Contractor shall be responsible for the safety, adequacy, and efficiency of the Contractor's personnel, equipment and methods. The approval of the City of any plan or method of work proposed by Contractor shall not relieve the Contractor of any responsibility thereof, and such approval shall not be considered an assumption by the City of any kind of liability, and the Contractor shall have no claim under this contract on account of failure or inefficiency of any plan or method so approved. Such approval shall be considered and shall mean the City has no objection to the Contractor's use or adoption at the Contractor's own risk and responsibility, of the plan or method so proposed by the Contractor.
B. Scheduling of Operations: Contractor shall perform this work at such time as to minimize disturbance or interference to residents, and pedestrian or vehicle circulation.
Working hours shall be 7 a.m. to 4 p.m., Monday through Thursday, and 7 a.m. to 3:30 p.m. on alternating Fridays, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Director of Public Works, or their designee.
C. Holiday Operations: There shall be no work on weekends or holidays on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director, except for emergencies involving immediate hazard to persons or property.
D. Safety: All work performed under this Agreement shall be performed in such manner as to provide maximum safety to the public and comply with all safety standards required by Cal-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement.
E. Warranty: All work performed under this contract will carry a minimum 30-day warranty on labor and the manufacturer's warranty on materials.
F. Roofs with Current Warrantees: Roofs that currently have a manufacturer's warranty cannot be worked on unless authorized by the manufacturer. This will determined by City staff.
18 of23
February 7, 2023, Item #5
4. City of Poway Facilities List: Table 1 below and on the following page provides a list of the facilities that will be covered by the Agreement. Facilities may be added or deleted during the course of the Agreement.
TABLE 1: CITY OF POWAY FACILITIES LIST*
*Roof Square Footage to be verified by proposing Contractor ---~ ,r,,,, ..... ~,-... !./!.J
1 City Hall 13325 Civic Center Dr. 50,400
2 Council Chambers 13325 Civic Center Dr. 5,900
3 Public Works Administration Building 14467 Lake Poway Rd. 5,700 4 Crew Lounge/ Warehouse 14445 Lake Poway Rd. 7,467
5 Vehicle Maintenance 14415 Lake Poway Rd. 5,628
6 Vehicle Storage 14445 Lake Poway Rd. 5,200
7 Lake Poway Administration Building 14644 Lake Poway Rd. 1,100 8 Lake Poway -Concession Stand 14644 Lake Poway Rd. 1,850 9 Lake Poway -FFA Buildings 14644 Lake Poway Rd. 3,600
10 Lake Poway -Boat Dock 14644 Lake Poway Rd. 3,700
11 Lake Poway -Pavilion 14644 Lake Poway Rd. 1,510
12 Lake Poway -Entrance Booth 14644 Lake Poway Rd. 100
13 Lake Poway -Crew Facility 14644 Lake Poway Rd. 600
14 Lake Poway -Lower Ball Field Restrooms 14644 Lake Poway Rd. 1,056 15 Lake Poway-Middle Restrooms 14644 Lake Poway Rd. 560 16 Lake Poway -Upper Restrooms 14644 Lake Poway Rd. 560 17 Mickey Cafagna Community Center 13094 Civic Center Dr. 25,265 18 Community Park -Pool Locker/Restroom
Building 13094 Civic Center Dr. 3,593
19 Community Park -Pool Filter Housing 13094 Civic Center Dr. 1,847 20 Community Park Pool Splash Pad Building 13094 Civic Center Dr. 400 21 Community Park Ball Field Restrooms 13094 Civic Center Dr. 501 22 Community Park -Crew Shed 13094 Civic Center Dr. 400 23 Skate Park Restroom 13094 Civic Center Dr. 500
24 Old Poway Park Museum 14134 Midland Rd. 2,135
25 Train Barn 14134 Midland Rd. 2,695
26 Templars Hall 14134 Midland Rd. 1,620
27 Porter House (historic) 14134 Midland Rd. 2,180
28 Nelson House (historic) 14134 Midland Rd. 1,300
29 Hamburger Factory 14134 Midland Rd. 3,420
30 Old Poway Park Museum Restrooms 14134 Midland Rd. 200 31 Train Depot 14134 Midland Rd. 3,000
32 Girls Softball League Concession/Restroom 13544 Aubrey St. 700 33 Material Handling Yard, Hazardous Waste 12325 Crosthwaite Cr. 932 34 Records/Lounge Trailer 12325 Crosthwaite Cr. 500
35 Arbolitos Sports Park Restrooms 14501 Arbolitos Dr. 800 19 of23
February 7, 2023, Item #5
No. Facility (Continued) Address Sq. Feet*
36 Garden Road Park Restrooms 14901 Garden Rd. 840
37 Hilleary Park Restrooms 13500 Community Rd. 840
38 Silverset Park Restrooms 14 795 Silverset St. 840
39 Starridqe Park Restrooms 13745 Carriaqe Rd. 840
40 Valle Verde Park Restrooms 16899 St. Andrews Dr. 840 41 Fire Station No. 1 13050 Community Rd. 18,198
42 Fire Station No. 2 16914 Westling Ct. 4,863
43 Fire Station No. 3 14322 Pomerado Rd. 14,056
44 City of Poway Library 13137 Poway Rd. 24,400
45 Iron Mtn. Restroom 15498 Espola Rd. 200
46 Performing Arts Center 15498 Espola Rd. 57,040
47 Sheriffs' Station 13100 Bowron Rd. 15,000
48 Kumeyaay-lpai Interpretive Center 13104 lpai Waa ukTI. 1,400 --''''"----., .. ,,,~ "·''' '~
,_-(:.I
49 Aerator at Lake Poway Lake Poway West Side/ 49
Poway Lake/West Side D
50 Camelback Pump Station 14445 Lake Poway Rd. 630
51 Camino Del Valle Sewaqe Lift Station 12908Camino Del Valle 232 52 Cloudcroft Pump Station II 17087 1 /2 Cloudcroft Dr. 1,296 53 Community Road Pump Station 12520 1/2 Community Rd. 1,196 54 Gregg Street Recycled Pump Station 13375Gregg St. 1,490 55 Heritaqe Lift Station 18775 1/2 Heritaqe Dr. 102
56 High Valley Pump Station 14218 1/2 High Valley 1,450 Rd./Hiqh Valley Rd. SE D
57 Northcrest Pump Station 14090 Northcrest Ln./ 880
Northcrest Ln. W/O D
58 Old Coach Sewaqe Lift Station 17710 1/2 Old Coach Rd. 167 59 Old Coach Way Pump Station Bldq. 18535 Old Coach Dr. 918 60 Pump Station 1 Bldg. A and B 14445 Lake Poway Rd. (A) 240 (B) 522
61 South Chlorinator Building Sycamore Canyon W/O D 500 62 Welton Pump Station 12701 Welton Ln. 970
63 Woodcliff Pump Station 14163 1/2 Donart Dr./ 644
14162 1/2 Donart Dr.
64 Water Treatment Plant/Operations/Office 14521 Lake Poway Rd .. 3,400 65 Chlorine/Chemical Feed 14521 Lake Poway Rd. 5,000
66 Filter Control Building 14521 Lake Poway Rd. 500
67 Treatment/Ammonia Building 14521 Lake Poway Rd. 1,500 20 of 23
February 7, 2023, Item #5
Breakout List of City Buildings
Roof Square Footage: 307,962 -----'---------------------Number of Buildings: 68 Number of Roofs: 68
Roof Type: Multiple
[Remainder of Page Left Blank Intentionally]
21 of23
February 7, 2023, Item #5
ATTACHMENT 2
FEE PROPOSALS
BID ITEM A: ROOF MAINTENANCE PROGRAM
This proposal price is for the entire work required for providing all labor, equipment, tools, materials and incidentals affiliated with the Roof Maintenance Program including biannual (two (2) times per year) inspections, preventative maintenance, and general housekeeping tasks outlined in the Scope of Work/Technical Specifications. Provide the annual amounts as requested below, and a total lump sum proposal including all City facilities.
Item 1: $178,169.77
Annual Total for (Facilities are not priced to be purchased separately) City Facilities
(Lump Sum)
Total (In Words): (Facilities #1-48 on Table 1,
pages 21-22) One hundred seventy-eight thousand, one hundred and sixty- nine dollars and seventy-seven cents
Item 2: $ 15 302.43
(Facilities are not priced to be purchased separately)
Annual Total
Water Utilities Facilities
(Lump Sum)
Total (In Words): (Facilities #49-67 in Table 1,
page 22) Fifteen thousand, three hundred and two dollars and forty- three cents
TOTAL LUMP SUM
Item 3: $ 193472.20
Roof Maintenance Program (Facilities are not priced to be purchased separately) Annual Total for All
Facilities
Total (In Words):
(Item 1 + Item 2 = Item 3) One hundred and ninety-three thousand, four hundred and seventy-two dollars and twenty cents
22 of 23
February 7, 2023, Item #5
FEE PROPOSALS
BID ITEM B: HOURLY RATES FOR REPAIRS/EMERGENCY LEAK RESPONSE The prices set forth below include all work required to provide all labor, equipment, tools, materials and incidentals affiliated with as-needed roof repairs and emergency leak response work requirements specified in this RFP.
Service Type: One Employee Crew, Including Vehicle
Total $ 103.00 per hour (portal to portal, min. 2 hours) Mon-Fri
7:00 a.m. -4:00 p.m. Total (In Words):
One hundred and three dollars per hour
Total$ 129.00 per hour (portal to portal, min. 2 hours, 4-24 hour After Hours & emergency will be billed at this rate)
Weekends Total (In Words):
One hundred and twenty-nine dollars per hour
Service Type: Two Employee Crew, Including Vehicle
Total$ 103.00 per hour per tech (portal to portal, min. 2 hours) Mon-Fri
7:00 a.m. -4:00 p.m. Total (In Words):
One hundred and three dollars per hour per tech
Total$ 129.00 per hour per tech (portal to portal, min. 2 hours, After Hours & 4-24 hour emergency will be billed at this rate) Weekends Total (In Words):
One hundred and twenty-nine dollars per hour per tech
Can your company respond to scheduled service calls in 24 hours? Yes X No __ _ Can your company respond to emergency service calls in 4 hours? Yes X No __ _ 23 of 23
February 7, 2023, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
February 7, 2023
Honorable Mayor and Members of the City Coun~ .I
Robert Manis, Director of Development Services f""\
Austin Silva, Senior Planner f
858-668-4658 or [email protected]
CITY COUNCIL
Conditional Use Permit 22-001, a Request to Construct a Wireless Communications Facility at the Terminus of Cobblestone Creek Road and making the determination that the project is Exempt from the California Environmental Quality Act pursuant to Section 15303(d) of the CEQA Guidelines.
The applicant is requesting a Conditional Use Permit (CUP) to construct a wireless communications facility (WCF), located west of, and adjacent to, 12601 Cobblestone Creek Road, within the Rural Residential A (RR-A) zone. The WCF will be operated by Dish Wireless and will consist of three 12-foot tall steel poles with one panel antenna and two remote radio heads mounted on each pole, and an equipment cabinet mounted on a concrete pad. The project has been designed to comply with the City's development standards.
Recommended Action:
It is recommended the City Council take public input, close the public hearing and adopt the Resolution (Attachment A) approving CUP22-001 for the construction of a wireless communications facility and making the determination that the project is Exempt from the California Environmental Quality Act pursuant to Section 15303(d) of the CEQA Guidelines.
Discussion:
The applicant is Dish Wireless and the property owner is Farley Living Trust. The WCF is proposed on a 4.1-acre property zoned RR-A in the southwestern portion of Poway bordering the City of San Diego as shown on Attachment B. The property currently contains two other WCFs operated by Sprint and Verizon. The Sprint and Verizon WCFs consist of panel antennas mounted on 11 and 12-foot-tall steel poles with associated equipment. The subject property has no dwelling unit on it, but is under the same ownership as the adjacent property located at 12601 Cobblestone Creek Road that is developed with a single-family residence.
1 of 20
February 7, 2023, Item #6
Two of the steel poles will be located on the west side of the access easement (driveway) and the third pole and equipment cabinet will be located on the east side of driveway as indicated in the site plan (Attachment C). The elevations (Attachment D) show the antennas and remote radio heads will be completely covered with radio frequency socks that will match the foliage of the adjacent vegetation.
All of the exposed mounting hardware and cable will be painted a camouflage pattern of browns and greens.
The proposed project is in compliance with the City Wireless Communication Policy in that the proposed project has been designed to visually blend in with the surroundings and therefore would be minimally noticeable to the surrounding development as demonstrated in the photo simulations and photo study (Attachment E). The antennas would draw minimal attention because of the slim profile design and color and texture similar to surrounding earthen materials and landscape. Approval of a CUP is required to operate a WCF in the RR-A zone. The findings for a CUP are provided in Section 2 of the attached Resolution.
Radio Frequency (RF) Report
A Radio Frequency (RF) Report has been prepared, and is included with the application, that demonstrates the proposed facility will operate in compliance with Federal Communications Commission (FCC) standards.
Environmental Review:
The project is exempt from the CEQA. as Class 3 Categorical Exemption, pursuant to Section 15303(d) of the CEQA Guidelines, in that the project involves the installation of a small new telecommunications facility.
Fiscal Impact:
None.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on January 26, 2023. A public notice was mailed to property owners and occupants located within 500 feet of the project site.
Attachments:
A. Resolution
B. Zoning and Location Map
C. Site Plan
D. Elevations
E. Photo Simulations/Photo Study
Reviewed/Approved By:
w':L7ias;;;:::--
Assistant City Manager
2 of 20
Reviewed By:
Alan Fenstermacher
City Attorney
e
City Manager
February 7, 2023, Item #6
RESOLUTION
NO.
23-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
APPROVING
CONDITIONAL
USE
PERMIT
(CUP)
22-001;
FOR
THE
CONSTRUCTION
OF
A
WIRELESS
COMMUNICATIONS
FACILITY
AT
THE
TERMINUS
OF
COBBLESTONE
CREEK
ROAD;
ASSESSOR
PARCEL
NUMBER
316-063-02
WHEREAS
,
Conditional
Use
Permit
(CUP)
22-001
is
a
request
by
Dish
Wireless
(Applicant)
and
the
Farley
Living
Trust
(Owner),
to
construct
a
wireless
communications
facility
(WCF)
on
property
owned
by
the
Farley
Living
Trust,
located
west
of
, and
adjacent
to
, 12601
Cobblestone
Creek
Road,
within
the
Rural
Residential
A
(RR-A)
zone
. The
WCF
will
be
operated
by
Dish
Wireless
and
will
consist
of
three
12-foot-tall
steel
poles
with
one
panel
antenna
and
two
remote
radio
heads
mounted
on
each
pole,
and
an
equipment
cabinet
mounted
on
a
concrete
pad;
WHEREAS,
on
February
7,
2023,
the
City
Council
held
a
duly
advertised
public
hearing
to
solicit
comments
from
the
public
, both
for
and
against,
relative
to
this
application
;
WHEREAS,
the
City
Council
has
read
and
considered
the
agenda
report
for
the
proposed
project
,
including
attachments,
and
has
considered
other
evidence
presented
at
the
public
hearing;
and WHEREAS
, the
Poway
Municipal
Code
(PMC)
establishes
findings
required
for
granting
a
CUP.
NOW,
THEREFORE
, BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows
: SECTION
1:
The
project
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA),
as
Class
3 Categorical
Exemption,
pursuant
to
Section
15303(d)
of
the
CEQA
Guidelines,
in
that
the
project
involves
the
installation
of
a
small
new
telecommunications
facility
. SECTION
2:
The
findings,
pursuant
to
Section
17.48.070
of
the
PMC,
to
approve
CUP22-001
to
allow
the
construction
of
a
wireless
telecommunication
facility
, are
made
as
follows: A.
The
location
, size
, design,
and
operating
characteristics
of
the
proposed
WCF
are
in
accordance
with
the
title
and
purpose
of
PMC
Chapter
17.48 (CUP
Regulations)
, the
General
Plan,
and
the
development
policies
and
standards
of
the
City
, including,
but
not
limited
to,
the
City
Wireless
Communications
Policy
in
that
the
proposed
WCF
complies
with
the
development
standards
for
the
RR-A
zone.
The
antennas
and
remote
radio
heads
(RRH)
will
be
mounted
on
steel
poles
and
the
antennas
will
be
covered
with
radio
frequency
socks
that
will
match
the
foliage
of
the
adjacent
vegetation
. The
exposed
mounting
hardware
and
cable
will
be
painted
a
camouflage
pattern
of
browns
and
greens.
No
visual
impacts
to
the
community
are
anticipated.
B.
The
location,
size
, design
, and
operating
characteristics
of
the
proposed
WCF
will
be
compatible
with
and
will
not
adversely
affect
or
be
materially
detrimental
to
, adjacent
uses,
3 of
20 ATTACHMENT
A
February 7, 2023, Item #6
Resolution
No.
23-
Page
2 people,
buildings,
structures,
or
natural
resources
in
that
the
proposed
WCF
complies
with
the
development
standards
for
the
RR-A
zone.
The
antennas
and
remote
radio
heads
(RRH)
will
be
mounted
on
12-foot-tall
steel
poles
and
the
antennas
will
be
covered
with
radio
frequency
socks
that
will
match
the
foliage
of
the
adjacent
vegetation.
The
exposed
mounting
hardware
and
cable
will
be
painted
a
camouflage pattern
of
browns
and
greens.
The
steel
poles
will
be
of
comparable
height
to
other
WCFs
located
on
the
same
property
.
The
use
will
comply
with
Federal
Communications
Commission
(FCC)
design
and
operational
standards.
C.
The
proposed
WCF
is
in
harmony
with
the
scale,
bulk,
coverage,
and
density
of,
and
is
consistent
with
adjacent
uses
in
that
the
antennas
will
be
mounted
on
12-foot-tall
steel
poles
that
are
below
the
maximum
height allowed
in
the
RR-A
zone
.
D.
There
are
adequate
public
facilities,
services,
and
utilities
available
at
the
subject
site
to
serve
the
proposed
WCF.
E.
There
will
not
be
a
harmful
effect
upon
the
desirable
neighborhood
characteristics
in
that
the
proposed
WCF
will
visually
blend
with
the
surrounding
vegetation
and
the
WCF
will
comply
with
FCC
design
and
operational
standards
.
F.
The
generation
of
traffic
will
not
adversely
impact
the
capacity
and
physical
character
of
the
surrounding
streets
and/or
the
Circulation
Element
of
the
General
Plan
in
that
the
proposed
WCF
will
be
unmanned
and
will
only
require
periodic
maintenance,
thereby
generating
minimal
traffic.
G
.
The
site
is
suitable
for
the
type
and
intensity
of use
or
development
that
is
proposed
in
that
the
proposed
WCF
complies
with
all
development
standards
for
the
RR-A
zone
and
will
enhance
telecommunications
coverage
in
the
City
with
no
significant
visual
impacts
.
H.
There
will
not
be
significant
harmful
effects
upon
environmental
quality
and
natural
resources
in
that
the
proposed
WCF
will
be
located
in
an
area
of
a
property
that
is
developed
with
two
existing
WCFs
and
does
not
involve
the
removal
of
natural
habitat
resources.
I.
There
are
no
relevant
negative
impacts
associated
with
the
proposed
modified
WCF
that
cannot
be
mitigated
in
that
the
facility
will
comply
with
FCC
design
and
operational
standards.
J.
That
the
impacts,
as
described
in
subsections
A
through
I of
this
Section,
and
the
proposed
location,
size,
design,
and
operating
characteristics
of
the
proposed
WCF
will
not
be
detrimental
to
the
public
health,
safety
or
welfare,
or
materially
injurious
to
properties
or
improvements
in
the
vicinity,
nor
be
contrary
to
the
adopted
General
Plan
in
that
the
proposed
WCF
will
meet
all
development
standards
for
the
RR-A
zone,
will
visually
blend
in
with
the
surrounding
vegetation,
and
will
comply
with
FCC
design
and
operational
standards
.
K.
The
proposed
conditional
use
will
comply
with
all
the
applicable
provisions
of
this
Title,
in
that
the
facility
is
a
conditionally
permitted
use
and
has
been
designed
and
sited
such
that
it
will
not
result
in
significant
visual
impacts
and
will
comply
with
FCC
design
and
operational
standards.
4 of20
February 7, 2023, Item #6
Resolution No. 23-
SECTION 3: The City Council hereby approves CUP22-001, as shown on the approved plans incorporated herein by reference and stamped as "Exhibit A" and dated February 7, 2023 on file in the Development Services Department, except as noted herein, subject to the following conditions:
A The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant.
B. Approval of this CUP request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. This CUP approval shall be in substantial conformance with the approved plans stamped as "Exhibit A" with minor modifications including antenna and equipment enlargements and relocations permitted by the Development Services Director.
C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site.
D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses.
E. The conditions of CUP22-001 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner.
F. CUP22-001 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year.
G. The applicant shall obtain a Building Permit prior to work commencing. Prior to issuance of a Building Permit, the applicant shall comply with the following:
s of20
1. The site shall be developed in substantial accordance with the approved plans stamped as "Exhibit A" on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required.
February 7, 2023, Item #6
Resolution No. 23-
2. A $3,000 deposit shall be submitted to the Development Services Department to ensure completion and submittal of the required Confirming Radio Frequency (RF) Report, as specified in condition of approval 1.1 below. The deposit shall also be used to cover the cost of an independent consultant to review the report, as determined by the Director of Development Services.
3. The antennas shall not be activated for use until the Building Division conducts a final inspection of the proposed structures and finals the permit.
4. The Building Permit plans shall include a utility plan that shows the equipment layout.
5. All spoil materials from footings and foundations shall be legally disposed of off-site or if the material is to remain onsite, the material shall be placed per the requirements of the City grading ordinance.
6. The applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development.
7. The applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at time of permit issuance.
8. The applicant shall pay the stormwater pollution inspection fee and minimum erosion control deposit according to the latest adopted master fee schedule.
9. The applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector.
10. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life.
11. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance.
12. The Standard Storm Water Quality Management Plan must be completed and submitted prior to building permit issuance.
H. Prior to activation of the antennas, the applicant shall comply with the following:
6 of 20
1. The site shall be developed in substantial accordance with the approved plans on file in the Development Services Department stamped as "Exhibit A" and the conditions contained herein. A final inspection from appropriate City departments will be required.
2. All existing and proposed utilities or extension of utilities required to serve the project February 7, 2023, Item #6
Resolution No. 23-
shall be installed underground. No extension of overhead utilities shall be permitted.
3. All utility services shall be installed and completed by the property owner and inspected and approved by the Engineering Inspector.
4. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval.
5. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector.
6. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project.
I. Upon establishment of the modified WCF, pursuant to CUP22-001, the following shall apply:
7 of 20
1. Within 30 days of the commencement of operation of the antennas, the operator shall submit a report, prepared by a qualified professional, which specifies the actual RF levels within 500 feet of the facility and includes a statement as to compliance with the FCC Maximum Possible Exposure (MPE) limit. The format of this report shall conform to City requirements. The intent of the report is to measure exposure levels at the location after the facility is in operation and shall include the cumulative RF levels of all the telecommunications facilities at the subject site. A report of these measurements, and the engineer's findings with respect to compliance with MPE limits, shall be submitted to the Director of Development Services.
If that analysis determines the MPE levels are exceeded, the operator shall cease operation immediately. Modifications shall be made to the facility and the operator shall conduct a second confirming RF report of the MPE levels. Full operation of the WCF shall not be allowed until the Director of Development Services has determined that the facility is in compliance with Federal guidelines. The City may conduct an independent verification of the results of the analysis provided by the operator, at the operator's cost.
Upon demonstration, to the satisfaction of the Development Services Department, that the telecommunications installation is in compliance with all Federal Guidelines, any balance remaining from the security deposit shall be refunded to the applicant, upon written request by the applicant.
2. All facilities and related equipment shall be maintained in good repair. Any damage from any cause including wear and tear shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight.
3. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from any source exceed the noise standards contained in the PMC.
February 7, 2023, Item #6
Resolution No. 23-
4. The owner or operator of the WCF shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit.
5. The operator of the WCF shall be strictly liable for interference caused by the WCF with City telecommunications systems or other public agency emergency communication systems. The operator shall stop operations and determine the cause prior to restarting the facility. The operator shall be responsible for all labor and equipment costs for determining the source of the interference, all costs associated with eliminating the interference (including, but not limited to, filtering, installing cavities, installing directional antennas, powering down systems, and engineering analysis), and all costs arising from third-party claims against the City attributable to the interference.
6. The WCF shall not be operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no facility or combination of facilities shall produce, at any time, power densities within 500 feet of the WCF that exceed the FCC's MPE limits for electric and magnetic field strength and power densities for transmitters, or any more restrictive standard subsequently adopted or promulgated by the City, County, State of California, or the Federal government.
7. If there is any change in the operating characteristics of the WCF, a report pursuant to Condition 1.1 of this Resolution shall be submitted to the Director of Development Services for review and approval. The Director may also require the operator to prepare an updated RF report, and pay for a third-party review of that report, as part of any review of this CUP.
8. Any service light(s) shall only be operated when maintenance is being performed on the equipment. The service light(s) shall be adequately shielded and directed away from adjacent roadways.
9. The owner of the WCF shall remove all of the communication equipment, and associated structures, approved pursuant to this permit within 60 days of ceasing operation of the telecommunications facility.
J. The following requirements shall be completed to the satisfaction of the Fire Department:
1. Do not block emergency vehicle access to any building, street, fire hydrant, or fire protection system.
2. Maintain an unobstructed emergency vehicle access way.
3. Secure compressed gas cylinders.
4. Do not store fuels for the purpose of refueling vehicles or equipment.
5. Provide a minimum 3A40BC fire extinguisher during construction. 8 of 20
February 7, 2023, Item #6
Resolution No. 23-
6. A fire department operational permit may be required for Cutting & Welding, LPG, Compressed Gases, Open Flames & Torches, Flammable & Combustible Liquids, if operations like these take place during construction.
SECTION 4: The approval of CUP22-001 shall expire on February 7, 2025 at 5:00 p.m., unless prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP approval has commenced.
SECTION 5: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of February, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
9 of 20
February 7, 2023, Item #6
10 of 20
Subject Location:
APN 316-063-02
RR-A
City of San Diego
• NORTH
City of Poway
Zoning / Location Map
Item: CUP22-001
0 125 250
ATTACHMENT B
500
Feet
February 7, 2023, Item #6
.....
0 ....
N
0 )>
-I -I
)>
n :::c
~ m
z
-I
n
---
:I
~I
I
_J_
~
I
I
I
I
I
····---1~ ,,_ ,.
m: D<NICO) ""
PUrN (SHlil A--1, 1)
_ SMl'.l4'41"E 954..11'_
/
/
/
,....,..
R-100.00'
.11-U:25'2:!i·
- ----;r - ~~1' ....
------=-~~-: :=-----
N'N: 31&-083-0&-00
11'
t
I
NIM'-4a•3:1._ 309.15•
~---- - - J
AP!'R0-1[ LOCATION o, ~ o, N I NE I SECTION 22 T14S. R2W _ \_ ~ - =
OVERALL SIJE PLAN
LANDLORD NOTES:
', \
\ \
1. COOAL. COHTRICTOR TO CONTACT" \NCllDRD
'WITH 2♦ HCIIAtS NOTlCC PRK>R TO ACCt:SSN;I
E0IAPWENT MO. NOTIC[ 51-Wl. BE liWlE TO
TOW FARLEY B'I' PHONECAU. (8111) "4-'2-51
NIIJ/Oft EWI..TO tfort.¥11157~
2. C[JQ.1,1., canH,ICf0ft TI> PAN' Ml. E'0UPM9fT
c:A8INETS. AH1DfWi,, RRH'S, CM"S. DP0SED
CABlES.twUJWAR(.CONDIATS,N'f'UfnDIAHCES.
E.£CTRX::AL. • F18CR D«:t.0SURfS, rn:. CA[D,j
TI) MAltff £XtST1HQ l.»IOSCAPIHQ
lo NmHNAS. RRHS ._ CM'S TO 1!1E CCMlt£D WITH
RF mDICI.Y "S00cS"' ft>R STEAL'lll PURPOSES
', '\',
\ \
\ \
\ \ \
\ \ );.,...,.,. .. .,_,,.
\ / \
\ ----
~
\
' \
"- \ '
_I <
'- -~L•111,7l''
',,____ \ .=·
~~-~" \~
{'~
___\_
........... """'
THE PR0.£T D0llCWn" SH0'IIIM ON THIS DAAWINC IS
APPRC>Dl.t.T[ Nm IS SHOWN roA REJtRO«:[ CN..Y.
A COMPUTt 80UtCWff SUfM:Y 11>-S NOT PE1tf'ORMED.
,...,_,.,
MO EASOIOfTS M£. SHOWN WHQt RU\.ECT'S
PRn.-.wff RO:ORDS ft(S£MQ4 0/F REC0R0ED
PARCO. MAPS. USEMENTS AA£. Sl6JECf TO R£'AEW
OFFltW.TTTU:RO'ORT
40' 20' 40' 00'
~n•
dish
whless.
5701 SOUTH SANTA FE DRIVE
UTTlETON, CO 80120
PLANCOMI
302 STATE PLACE,
ESCONDIDO, CALIFORNIA 92029
e
;
.
ITISA~Of'U.Rl!IIJfrl'DtSON.
I.NLSS1t10 Ntt. ~IMDDl. 1)4£ Dll(CTl)tt
Of'AUCEkSlDPROfnSOW.. DICIHCDt.
J0M.ffRTH5DOCVWO(f .
DRAWN BY: 'CHECKED B'T':rROVEO 8'1':
RD
RFDS REV I:
CONSTRUCTION
DOCUMENTS
SUBMITTALS
REV I DATE I DESCRIPTION
D °"21/JCIU lllt\mD 1(Dl;lD
I" ll9Pl,,__t 1ocm lD LMG.mD CCMIDffl
t otft)aJWat 11•• JD LMa.OII CCMIDffl
• l~I 1-lD1'Dlll:..,....,._aKD.
A Ol/!l,1/ml JIMl.-«TCDl'IIM'CI'
1 m/'{14/ll1A ...._m- .... caai:--..r l
J. ,q,'117/2m:l ..:o- .... am::a~
DISH Wirsless LLC.
PROJECT INF"ORMAT!ON
SDSAN00063A
12601 COBBLESTONE
CREEK ROAD
POWAY_CA_92064
SHEET Tm.£
OVERALL
SITE PLAN
SHEET NUMBER
A-1
February 7, 2023, Item #6
N
0 -t,
N
0 ------
~~,..,icna:me
IJ Mf1'DIIM I.D0QD, TrPDtL m: SDUCl
0[1MJ 0N stur CN-2----~
911. MTIMM flNI -
IElt.•c.MaM.SECnlfl
ON StUT ,,,_2
r---] __
l u.c. <1> ~
~ (1)Mtta(1)CM'
l
MCURIDlD(l)N
(riJ~ ~
~ -&(
·~
,:.,,, ,.
\-~~=-
,.,_,,.
lliWIIOI If fllOtf1' Of' NfTDIM
,
----- ~ ---,:_ __ _
,a,mm!U'[Qll:C::W.IWIDIINTH
ClUTDI $DWI(. PVICO) II A aJNIPIOJOJI
IIIIIMGI m'nt,Q'THlTNCWSll.llONtr
P'Et9C»I N'f'll0IIOINQ M IWltD fJl0II
wt mm:naM. sa ....._ DCW.S m ......... ,
ENLARGED SITT PLAN
fil2Iil
1, ~ltW.LflELDVDafYN.LmENSOS.
2. .wT(NrMSNC)MOlJrinSOliffllDFORQ.#l'TY.
, ..
~
-
(1).MfTDNA.'lfflt
:\Pl,,":.
11'4' tDt stm. PCU
~-~~
''\.-:,Q~fi
--ij
P'110f'091DMtllllMllCINNC)IGIIC[mrtl
"1NIIIMM.u,c,Jllf\lTPDL
SIi SIClNIICE DCfMS 0N IHIE' ~l
, .. 20'
1·-10'
~ .. ......,
,~ -,r(H[TA-0)
, . ~ l--
.,,.._ , EICISTIHC CABLE
fil2Iil
1. CQfflW:Ttlfl 9W.L FED YDlfY N.L DM0«5IONS.
2. 00NTIVCRJfl stWJ.. IMlffMI A 10'~• ......
SEPNWJlH ~ TlC "'°"'°5m OPS UNrl',
1'IWrC5lmN; NfTt:MM,115 HG DaSTJrC CPS \Nl1.
~ NfftNNAS #IIJ WOtMrS o.mm RJR QNll"f'.
.:1
;· . ----~~~ I
................ ~!.:~ .
I TREHOi WITH
J (2) ,• SPARC
(1i'\7 ,: fr2---:::=-=-~ \m\JI (Yr( =-~~ ~ _ ~
EOUIPMENT PLAN
.ll0Ll!SE0 3
dish
wlrelass.
5701 SOUTH SANTA ft ORNE
UTTl.ETON, CO e0120
PLANciiil
302 STATE PLACE,
ESCONDIDO, CALIFORNIA 92029
e
, .
.
ITSAWll.Al'OIO/flM'ralllff~
'"-laf'lt[T-.ICTICUICICIITICDCCTCIN
OIAUXNSm~OC.C:Ut,.
TO Al.TU TIG coa.on.
DRAWN BT: ICH[Q([D BT:~0 BT
RD
RfDS REV I:
CONSTRUCTION
DOCUMENTS
SUBMITTAlS
REV I DATE I OESCRtPT10H
•1-.,,,,-,1----
I Cll/,lt/Wal ,_ - ~ ~
, ~--~-. ·~ -----·.,,......,... ,__,,COR:a--
st/al,ISG ..._m-~aa.
IQIIP/a:11 ~- .... oe:a-
DISH W',relns LLC.
PROJ[CT NFORMA.110N
SDSAN00063A
12601 COBBLESTONE
CREEK ROAD
POWAY_CA_92064
SHEET TITLE
ENLARGED SITE PLAN
AND EOUIPMENT PLAN
SHEET NUMBER
A-1.1
February 7, 2023, Item #6
w .t!l2IES.
1. ~ SHilU. ma YDn MJ. m«NSDII.
2. bJ...__ SPmnCAn0NS lllEfDI 10 #ITD8.
~ NG lO flW. CON5TIIJCT'l0N RFDS FOfll ,... ., omu
1 DIS1'IG ~ NI> rn«:E 01111ED RM
<>Nm.
•~"100(" TO
MIVtffc;R[Dl00l.Clllasnuo,
--(--FORQNITY)\
COlOR NOTES:
, . M.I. NfflMN .... °""9 ...... ~ aMJIID -.nt
w 'Socks" nw MIQt:H RIUGEOfJO,lliC(Jff" ~ amt
IIIMUSI W: m K ~ ftlll ~ M.I. aMJtS M
G000 00f01DI ,a M.I. 1lilEL
I. #ftl'MfO,#fflMM, .. aa.ftWff)altllCIIF'IOOCS'
NIIJ ML. DPOSED M0UffJG tWIOaW: NG ClraO '""'1. IIC
PMfTED A CMl0Ll'UGi£ fWTIJlil Of lfWJlllite NC C1AEEMS Milt A l'Mfl'~ ITDdH IMD.m..
/ }. ---, """"'""": :=o~,~~ ~\ \ _ TOPEl.012'-0"ACL
fflM.. l). m: 0ttJrU &/,,,_. \ ' PIU'CmD DISH .,.._ U.C. ~ • 51,,,_. \ ( nw a.. • n"-o' IQ. ~ -I
)>
n
::I:
s: m
z
-I
C
IHCOUlltlCITD#IIOWI
-1 _/!
_,,,_,,,""" ~ I
11Fnwal'llMJft'"l00C"1D I
waat CAEIN 00U1R a Im.I Of I
=:"~a=r \ ~
~li1
I
~11
~
'=.,,
1 1•1
!l ::'\
II \
II
II
II
11 II
II
11 II
11 II
-1----+-U
lo
w
PROPOSED NORTH ELEVATION
',
--
,cna: SICMI ,a ~
-
sa:~DCrAUCIM
SHttT -·
,,.:,,osm C8tf - LL.C. .... a,ac 1tl liOC IOMTNO IIWQCD' (TrPIPDla:cn:11.lUW..3),
SU: DEW. l//lr-4
PIQ'Om)cat-U..C.Nlt
(n-, l ,ot- m:rca,. 10Dt. I). SO:
emu 1/,,,_. • 2/,,,_.
r,oQSIDcmt-U..C.0#/'0lw::t
(TrP 1 POI En:lll. 1UW. l).
so: ll(W.1/,,,_.
,,, ___ u..c._
Dlill..E MMl1> OH OUTSIJC Of' P'0U:
=.,~,&r o.o. ■ cu,r nmo
801TOM Cl. 0 o• ACl
',, ___ !. __________________ _
(I) N0fQE) oat --- U.C. tfflllD ~M:JUm>N._.l .. 9QtEDI.U.OP'C CCMUTlilNDlnmot
e· 4• :z• o .. 10·
1111r-,·-o·
NClflmmm,'[011Qtlllll....,.lfflt
CMITQtSICIW;l:PUiCIDlilA~
....a. so ,w.r no ME. wm.t m ""'
PDt90ff ~ THE IWIIJI FADN
Mr 0llltCTDt. SU: SIGMIGC DCrAU OH
I . . ' ------' -------
HE!-•--------,
--
,cna: sue Iii NIIDNII, ........,,,__
sa: IIQMCt DIDU CN .,Qt-1
~~~ 7 ,,
.... ___
""---....
-~):;\
', 1 I ~c 12·-o· HIGH
', I Tme><.~<
' I
',, \ 1· \. \ \ I
' I
© ',,,,_ .. r·~ ~~ ""'-' ,\ (2)4"S=
,\ CONDI.KTS
~ -----
"'""""-' © I ;'5TINC c,eu: ;!j'
~ ')
o/(,1 ~~ ;_ -- i; ~
@
m:1tJRIPOSmON1DOSTNlot1
l'tlOfOSO)
ANTENNA LAYOUT
MN&lf"ACTURl:R - II00El.
- ---
12· &" 0
--1-1c:::.
3/4"•1'-0"
-"""-' flll) UN[,,,.,
AND""'1lt
""""""""'
111 I I I 111==~
__,, __ ,,__ ..7U",1LI" 1~ l'-0" ==~=
~ I Al
KrA I 11
""""""" --- .. nr:t' • ,1.1·1 45' I l'-0-
cw-. I c,
smOII
-.,
"""" .,
., ..,. .,
C1
- C1
........ ~ - ICDIS4l4HI-O
-liWIJf'ACIUIIO - IIJOO.
-.......
rumu-,._ ..
rumu--.- ..
ru.mu - ,._ ..
rumu--- ..
rumu - ,._ ,.
rumu-...,...._.... ..
..
llmS
nr:t' ■ 1&1·1 :mr I l'-0" P01Ut- ,.. oc-ooeco.-1,an----.i f'9Elt:NIIS'1~1l5fT
1, ~ TO lllEFDt TO ntw. COMml.lCll0N RfDS fa. MJ. 1' DCTM.S. t. Nf1tMM. NIO lllllH IOJUS IMY OWU:: CUC TO DJPWDII' ......-..n'Y .
MJ. EDUPWOfT a-was IUST IE lff'flOilED AHO RCM,t,11 IN CXJ,A,WCE WITH 1Ht PR0f'05ED Da1CN NG STRl.CrulW. NW.'rSES.
ANTENNA SCHEDULE ,.,,c.u
2 3
dish
wlralass.
5701 SOUTH SANTA rE ORM
UTTI.ETON, CO 80120
PLANciiil
302 STATE PLACE ,
ESCONDIDO, CALIFORNIA 92029
e
,
.
1Tll•WI.Al'Dtor._.f'D111¥f,i[ll!CIN,,
lMCD ncr l#fC. ,enc I.Ml(JI TIC Ollttct'OII
Of'A~~o'.°'•u.
DRAWN BY: ICH[O([D 8T:~D 11'1"
RO
Rf'OS REV f:
CONSTRUCTION
DOCUMENTS
SUBWTTAlS
REV I DATE I DESCRIPTION
•IClll>t/aall_,...
I l~l/a11-•u.uaw
DI/DI/DI 1«1111 • ~ _..
.,..,..,1-•...c-..-
•l~.......,CDLl'lll
m,-,- ,_,CD-"--De:11" ...
~~ l'ID-"--Clall---
DISH Wirei.n LLC.
PROJECT t,1FORMATION
SDSAN00063A
12601 COBBLESTONE
CREEK ROAD
POWA y_cA_92064
SHEET TITLE
ELEVATION, ANTENNA
LAYOUT AND SCHEDULE
SHEET NUMBER
A-2
February 7, 2023, Item #6
~ -I
l> n
:I:
s: m
z
-I
m
These simulations are intended
to be part of or to replac e the information provided
1/10/2023
SDSAN00063A
12601 Cobblestone Creek Rd.
Poway, CA 92064
di sh wireless.
---'--P roposed _
,< proposed repfac,
otostmutatton of proposed telecommunications site
February 7, 2023, Item #6
These simulations are intended f1
to be part of or to replace the information provided on the canst 1/10/2023
SDSAN00063A
12601 Cobblestone Creek Rd.
Poway, CA 92064
di sh wireless.
- - -- - - - - -- - _& v.~~
Photosimulation of proposed telecommunications site
February 7, 2023, Item #6
dish wireless
21Page
16 of20
· 1. View of Site from Old Pomerado Road
2. Enlarged View of Picture 1. Looking West at Site
February 7, 2023, Item #6
dish wireless_
3JP
0 age
17 of2
3. View of site from Francine Terrace/Court
4. Enlarged View of Picture 3. Looking South at Site.
February 7, 2023, Item #6
dish wireless
5. View Southeast from Poway Road
6. View East from Springhurst Drive
February 7, 2023, Item #6
dish
wireless
7. View
East
of
Site
from
Springhurst
Dr
Bridge
8. View
Northeast
from
Springhurst
Drive
February 7, 2023, Item #6
(i"
l
dish wireless
2~;hi~~~)
KEY MAP
February 7, 2023, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT
February 7, 2023
Honorable Mayor and Members of the City Cou,ry:j
Eric Heidemann, Director of Public Works -r11"
Shadi Sarni, Principal Civil Engineer b5
(858) 668-4717, [email protected]
City of Poway
CITY COUNCIL
Acceptance of the Lester J. Berglund Water Treatment Plant Clearwell Bypass Project; Bid No. 21-020 with G.S.E. Construction Company, Inc. as Complete and Update on the Water Infrastructure Improvement Program
On July 20, 2021, the City Council awarded the contract for the Lester J. Berglund Water Treatment Plant Clearwell Bypass Project; Bid No. 21-020 to G.S.E. Construction Company, Inc. in the amount of $7,273,700. This action will accept the project as complete. This report also presents a status update on each project within the Water Infrastructure Improvement Program Recommended Action:
It is recommended that the City Council:
(1) Accept the Lester J. Berglund Water Treatment Plant Clearwell Bypass Project as complete; (2) Authorize the City Clerk to file and record the Notice of Completion; (3) Authorize the release of the retention in the amount of $379,131.75 if unencumbered, 45 days after City Council acceptance;
(4) Release the Fidelity and Deposit Company of Maryland Bond for Material and Labor in the amount of $7,273,700.00 after the release of retention; and (5) Retain the Fidelity and Deposit Company of Maryland Bond for Faithful Performance for a period of one year.
Discussion:
The following projects make up the "Water Infrastructure Improvement Program":
The Clearwell Bypass Project consists of bypass pipelines, a pump station, a pressure regulating station and two temporary bypass tanks. Each tank has a storage capacity of 1.4 million gallons. The bypass pipelines, pump station and pressure regulating station are located within City property at the Lester J. Berglund Water Treatment Plant site, as well as the Public Works Operations Yard and parking lot. The two tanks are located on the softball field at Lake Poway Park. This bypass system allows the 1 of7
February 7, 2023, Item #7
clearwell, the current storage system for treated water, to be taken offline for replacement.
Construction started August 30, 2021 and was completed September 30, 2022. Construction Change Orders total $308,935.00. This amount is 4.2 percent of the total construction contract amount. The final contract amount is $7,582,635.00. Staff recommends accepting the work as complete in accordance with the standards and specifications of the contract.
The Clearwell Replacement Project consists of replacing the existing clearwell with two new 4-million gallon prestressed concrete tanks. The existing clearwell has reached the end of its useful life and is in need of replacement to maintain reliable service to Poway residents. This project is currently at the final design stage and is anticipated to be advertised for bids in spring 2023. Request for Proposals for a qualified construction management and inspection firm was released December 1, 2022.
Proposals are due February 1, 2023 and selection is anticipated in March 2023. The Council request for award of the consultant agreement for the construction management and inspection services is anticipated to occur at the April 4, 2023 Council meeting. Construction is anticipated to start in summer 2023 and end in fall 2025.
The Poway Treated Water Facilities and Redundant Pipeline Project and the San Diego County Water Authority (SDCWA) Poway-5 (POW-5) Turnout and Flow Control Facility (FCF) Project collectively provide Poway with its first treated water connection to SDCWA's treated water aqueduct, as well as redundant pipelines. The SDCWA POW-5 Turnout and FCF Project consists of a flow control facility, a turnout and will be owned and operated by the SDCWA once constructed. The project consisting of water transmission pipelines, a pump station and a forebay is referred to as the Poway Treated Water Facilities and Redundant Pipeline Project and will be owned and operated by the City of Poway once constructed. These two projects will help diversify Poway's water supply portfolio and allow for operational flexibility and plant maintenance. They will also provide a redundant pipeline to the 36" water transmission line on Lake Poway Road, which is currently the single transmission line that carries treated water to the distribution system. Both projects will be at the 50% design stage in spring 2023 and are scheduled to be advertised for bids in winter 2024. Award of the construction contract for both projects is anticipated in Spring 2024. Construction of both projects is anticipated to start in summer 2024. Construction of the SDCWA POW-5 Turnout and FCF is anticipated to end in spring 2025 and the construction of the Poway Treated Water Facilities and Redundant Pipeline project is anticipated to end in winter 2026.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Sufficient funds are available in the Lester J. Berglund Water Treatment Plant Clearwell Bypass Project (WTR0029) for the release of retention. Funds remaining in the project will be transferred to future water projects within the Water Infrastructure Improvement Program.
Public Notification:
None.
2 of7
February 7, 2023, Item #7
Attachments:
A. Water Infrastructure Improvement Program Graphics
Reviewed/Approved By:
Wendy ~nC..-----
Assistant City Manager
3 of7
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
February 7, 2023, Item #7
Existing
Clearwell
Temporary Pressure
Control Valves
"'
- Existing Water Pipeline
- Existing Storm Drain
... _ - Proposed Buried Water Pipeline
- Proposed Above-Ground Water Pipeline
- Proposed Above-Ground Overflow Pipeline
CITY OF POWAY LESTER BERGLUND WATER TREATMENT PLANT
OVERVIEW OF PROPOSED CLEARWELL BYPASS SYSTEM
February 7, 2023, Item #7
February 7, 2023, Item #7
February 7, 2023, Item #8
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT
February 7, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services
City of Poway
CITY COUNCIL
Jodene Dunphy, Director of Human Resources and Risk Management Robert Manis, Director of Development Services ~
(858) 668-4601 or [email protected] ·
Jodene Dunphy, Director of Human Resources and Risk Management f· (858) 668-4413 or [email protected]
Add a New Position Classification of Principal Civil Engineer to the City of Poway Position Classification Plan and Management/Confidential Salary Schedule One of the divisions of the City of Poway's Development Services Department is Capital Projects Engineering. Engineers in this division are responsible for the Capital Improvements Program (CIP}, which consists of the design and construction of all City projects, including the City's Annual Street Maintenance and Street Overlay projects. There is a current vacancy in the Senior Civil Engineer position within the Capital Projects Engineering division. Based on an organizational analysis of the engineering divisions within the department, staff is requesting the City Council approve a new classification of Principal Civil Engineer so that the Senior Civil Engineer position in Capital Projects Engineering could be reclassified to a Principal Civil Engineer. No additional Full Time Equivalent positions (FTEs) are being requested. The City currently has a similar level classification of Principal Civil Engineer-Utilities in the Public Works Department, with a job description that reflects the unique focus on utilities and the management of complex water infrastructure projects. The proposed new classification of Principal Civil Engineer will be established at the same salary grade as the Principal Civil Engineer -Utilities in the Public Works Department, but the new classification will have a job description that reflect responsibilities, qualifying experience and knowledge needed to perform duties for general capital projects. By approving a more general classification of Principal Civil Engineer, the City Manager will be able to reclassify the Senior Civil Engineer over CIP to Principal Civil Engineer.
Recommended Action:
It is recommended the City Council approve a resolution adding the classification of Principal Civil Engineer to the City of Poway Position Classification Plan and the Management/Confidential Salary Schedule effective February 7, 2023.
1 of7
February 7, 2023, Item #8
Discussion:
The City's ability to recruit and retain highly qualified and talented employees at the appropriate classification levels takes continual evaluation of City priorities to ensure positions are structured for success in providing high quality projects, services and programs to the Poway community. The recent vacancy of the Senior Civil Engineer position in the Capital Projects Engineering division of the Development Services Department provides an opportunity to evaluate what level position would successfully accomplish direct oversight and delivery of high-quality capital projects to the community. After a workforce analysis within the engineering division, a thorough review of staffing levels, internal strengths, and a review of the market, it has been determined that a Principal Civil Engineer overseeing the Capital Projects Engineering section is the appropriate classification based on: 1) the impact of the position's responsibilities and exposure to the community; 2) the need for high level negotiations with contractors and outside agencies; 3) the level of experience and knowledge needed to deliver high quality projects; 4) the consequence of error if responsibilities and expectations of the position are not met; 5) the level of accountability needed for the position, and 6) the responsibility of training and evaluating staff within the division.
The Principal Civil Engineer will report to the City Engineer and supervise staff from the Capital Projects Engineering division, along with the City's Engineering Inspectors, all of whom are responsible for completing high quality projects within the City's CIP. Staff believes this will be best accomplished by the work of a Principal Civil Engineer. Based on an internal evaluation of the City of Poway classification and compensation structure and a market review, it is recommended the Principal Civil Engineer classification be placed in the Management/Confidential Employee Group 2A Exempt At-Will at Grade 731, with a monthly salary range of $9,937 -$12,080, which is the same salary grade as the Principal Civil Engineer -Utilities.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The estimated annual cost increase for reclassifying the Senior Civil Engineer to Principal Civil Engineer is $18,802. The cost increase for the remainder of Fiscal Year 2022-23 is approximately $7,600 (including salary and benefits). Sufficient funds are available in the department's budget to cover the expenses for the current fiscal year due to salary savings from current vacancies.
Public Notification:
None.
Attachments:
A. Resolution approving the City of Poway Position Classification Plan and Management/Confidential Salary Schedule to Reflect the Addition of a Principal Civil Engineer 2of7
February 7, 2023, Item #8
Reviewed/Approved By:
Assistant City Manager
3 of7
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
February 7, 2023, Item #8
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING THE CITY OF POWAY
POSITION CLASSIFICATION PLAN AND
MANAGEMENT/CONFIDENTIAL SALARY SCHEDULE TO
REFLECT THE ADDITION OF THE PRINCIPAL CIVIL ENGINEER
CLASSIFICATION
WHEREAS, the City of Poway is committed to ensuring the effective organization of city resources in order to provide the highest quality services, projects and programs for the Poway community;
WHEREAS, a Principal Civil Engineer classification has been identified as the appropriate level to oversee the Capital Projects Engineering division in the Development Services Department;
WHEREAS, the City Council must approve new classifications added to the City's Position Classification Plan and changes to the Salary Schedules, and the new classification specification for Principal Civil Engineer is on file in the Human Resources and Risk Management Department and available on the City's website;
WHEREAS, the City Council approves the changes incorporated into the Poway Position Classification Plan, attached hereto as "Exhibit A" and the City of Poway Management/Confidential Salary Schedule attached hereto as "Exhibit B" to reflect the addition of the new Principal Civil Engineer classification; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Poway, that the following personnel changes are authorized effective February 07, 2023:
SECTION 1: Creation of a Principal Civil Engineer classification added to the City's Position Classification Plan.
SECTION 2: Addition of the Principal Civil Engineer classification to the Management/Confidential Salary Schedule at Grade 731, with a monthly salary range of $9,937 -$12,080, effective February 07, 2023.
4of7 ATTACHMENT A
February 7, 2023, Item #8
Resolution No. 23-
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of February, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of7
February 7, 2023, Item #8
Classification
Accountant
Accounting Technician II
Administrative Assistant I
Administrative Assistant II
Administrative Assistant III
Aquatics Coordinator
Assistant City Manager
Assistant Director of Finance Operations
Assistant Director of Public Works for Maintenance Operations Assistant Director of Public Works for Utilities
Assistant Engineer
Assistant Planner
Associate Civil Engineer
Associate Planner
Box Office Attendant
Box Office Coordinator
City Clerk
City Engineer
City Manager
City Planner
Code Compliance Officer
Community Outreach Coordinator
Construction Maintenance Crew Leader
Construction Maintenance Supervisor
Construction Maintenance Worker I
Construction Maintenance Worker II
Contract Specialist/Inspector
Cross-Connection Specialist
Customer Services Field Worker
Customer Services Technician I
Customer Services Technician II
Deputy City Clerk
Deputy Fire Chief
Deputy Fire Marshal
Development Services Aide
Director of Community Services
Director of Development Services
Director of Finance
Director of Human Resources & Risk Management
Director of Public Works
Dock Attendant
Engineering Inspector
Engineering Technician I
Engineering Technician II
6 of7
EXHIBIT A
City of Poway
Position Classification Plan
Classification
Equipment Mechanic
Executive Assistant to the City Manager
Facilities Maintenance and Soecial Districts Suoervisor Facilities Maintenance Technician I
Facilities Maintenance Technician II
Finance Manager
Fire Battalion Chief
Fire Captain/Paramedic
Fire Chief
Fire Engineer/Paramedic
Fire Safety Inspector
Firefighter/Paramedic
Fleet Maintenance Supervisor
Front of House Assistant
Front of House Coordinator
GIS Analyst
General Maintenance Worker -Temporary
Human Resources Technician I
Human Resources Technician II
Information Technology Analyst
Intern
Interpretive Services Coordinator
Lead Customer Services Field Worker
Lead Engineering Inspector
Lifeguard
Management Analyst
Management Assistant
Network and Computer Systems Administrator
Network and Computer Systems Analyst
Park Ranger
Parks and Trails Area Manager
Parks Maintenance Crew Leader
Parks Maintenance Supervisor
Parks Maintenance Worker I
Parks Maintenance Worker II
Principal Civil Engineer
Principal Civil Engineer -Utilities
Public Works Operations Manager
Records Technician
Recreation Area Manager
Recreation Coordinator
Recreation Leader I
Recreation Leader II
Revenue and Operations Manager
Classification
Revenue and Operations Supervisor
Seasonal Parks Maintenance Worker
Senior Accountant
Senior Accounting Technician
Senior Administrative Assistant
Senior Administrative Assistant -Confidential
Senior Civil Engineer
Senior Code Compliance Officer
Senior Dock Attendant
Senior Equipment Mechanic
Senior Facilities Maintenance Technician
Senior Fire Safety Inspector
Senior Human Resources Analyst
Senior Lifeguard
Senior Management Analyst
Senior Park Ranger
Senior Planner
Senior Utility Systems Mechanic
Senior Utility Systems Technician
Special Projects Engineer
Stage Technician
Stormwater Maintenance & Construction Worker I
Stormwater Maintenance & Construction Worker II
Technical Theater Coordinator
Utilities Administrator
Utility Systems Mechanic
Utility Systems Supervisor
Utility Systems Technician
Warehouse Associate
Wastewater Utilities Crew Lead
Wastewater Utilities Supervisor
Wastewater Utilities Worker I
Wastewater Utilities Worker II
Water Treatment Plant Lead Operator
Water Treatment Plant Manager
Water Treatment Plant Operator I
Water Treatment Plant Operator II
Water Treatment Plant Operator III
Water Utilities Crew Leader
Water Utilities Distribution Supervisor
Water Utilities Worker I
Water Utilities Worker II
Approved at a regular meeting of
the Poway City Council on 02/07/2023
February 7, 2023, Item #8
EXHIBIT B
City of Poway
Management I Confidential Salary Schedule
Effective February 7, 2023
Classification Title
I
Approx. Monthly
I Salarv Rane:e
City Manager 22,664
r.m, ,n 1 Cvomn, M.\MII Min-Max Min
Assistant City Manager 13,346-18,684 76.9976
Director of Community Services 12,710-17,795 73.3313
Director of Development Services 12,710-17,795 73.3313
Director of Finance 12,710-17,795 73.3313
Director of Human Resources & Risk Management 12,710-17,795 73.3313 Director of Public Works 12,710-17,795 73.3313
Fire Chief 12,710-17,795 73.3313
Classification Title I Grade I Approx. Monthly I
Salary Range Step 1
Group 2A Exempt At-Will
Assistant Director of Public Works Utilities 731 9,937 -12,080 57.3277 Assistant Director of Public Works Operations 731 9,937 -12,080 57.3277 Assistant Director of Finance Operations 731 9,937 -12,080 57.3277 City Clerk 681 8,778 -10,670 50.6411
City Engineer 780 11,139-13,540 64.2668
City Planner 731 9,937 -12,080 57.3277
Deputy Fire Chief 780 11,139-13,540 64.2668
Deputy Fire Marshal 620 7,503-9,121 43.2917
Finance Manager 681 8,778 -10,670 50.6411
Fire Battalion Chief (not at-will/2912 hrs/yr) 570 9,285 -11,286 38.2636 Parks and Trails Ar!=!a Manager 560 6,470 • 7,865 37.3303 Principal Civil Engineer 731 9,937 -12,080 57.3277
Principal Civil Engineer -Utilities 731 9,937 -12,080 57.3277 Public Works Operations Manager 681 8,778 -10,670 50.6411 Recreation Area Manager 560 6,470 -7,865 37.3303
Recreation Area Manager (Y-Rated) 681 8.778 -10.670 50.6411 Revenue and Operations Manager 681 8,778 -10,670 50.6411 Water Treatment Plant Manager 681 8,778 -10,670 50.6411 Group 28 Exempt
Accountant 481 5,326 -6,475 30.7255
Associate Civil Engineer 602 7,261 -8,826 41.8893
Associate Planner 521 5,902 • 7,174 34.0517
Community Outreach Coordinator 571 6,678-8,117 38.5265
Deputy City Clerk 571 6,678 -8,117 38.5265
Gl5 Analyst 531 6,050 • 7,354 34.9030
Information Technology Analyst 531 6,050 -7,354 34.9030 Network & Computer Systems Analyst 550 6,312 -7,673 36.4198 Management Analyst 531 6,050 -7,354 34.9030
Network & Computer Systems Administrator 631 7,744 -9,413 44.6789 Revenue and Operations Supervisor 571 6,678 -8,117 38.5265 Senior Accountant 561 6,515-7,919 37.5868
Senior Civil Engineer 682 8,871 -10,782 51.1773
Senior Code Compliance Officer 501 5,618 -6,829 32.4109 Senior Fire Safety Inspector 541 6,201 • 7,537 35.7756
Senior Human Resources Analyst 571 6,678 -8,117 38.5265 Senior Management Analyst 571 6,678-8,117 38.5265
Senior Planner 581 6,845 -8,320 39.4897
Special Projects Engineer 571 6,678-8,117 38.5265
Utilities Administrator 631 7,744-9,413 44.6789
Water Utilities Distribution Supervisor 640 7,884 -9,583 45.4833 Group 3 Non-Exempt
Assistant Engineer 531 6,050 -7,354 34.9030
Assistant Planner 491 5,481 -6,662 31.6204
Code Compliance Officer 461 5,090 • 6,186 29.3627
Construction Maintenance Supervisor 501 5,618 -6,829 32.4109 Facilities Maintenance and Special Districts Supervisor 501 5,618 -6,829 32.4109 Fire Safety Inspector 461 5,090 • 6,186 29.3627
Fleet Maintenance Supervisor 521 5,902-7,174 34.0517
Management Assistant 491 5,481 -6,662 31.6204
Parks Maintenance Supervisor 480 5,310 • 6,455 30.6387
Senior Accounting Technician 460 5,054 -6,144 29.1623
Utility Systems Supervisor 650 8,081 -9,822 46.6204
Wastewater Utilities Supervisor 620 7,504-9, 121 43.2917 Group 4 Non-Exempt
Accounting Technician II 360 3,948 -4,799 22.7815
Administrative Assistant Ill 331 3,692 -4,488 21.3002
Executive Assistant to the City Manager 451 4,965 -6,035 28.6465 Human Resources Technician I 412 4,498 -5,468 25.9523
Human Resources Technician II 451 4,965 -6,035 28.6465
Senior Administrative Assistant-Confidential 380 4,148 • 5,042 23.9348 7of7
Hourly
I
Step 2 I
Step 3
I
60.1939 63.2037
60.1939 63.2037
60.1939 63.2037
53.1732 55.8319
67.4801 70.8541
60.1939 63.2037
67.4801 70.8541
45.4563 47.7291
53.1732 55.8319
40.1767 42.1856
39.1968 41.1567
60.1939 63.2037
60.1939 63.2037
53.1732 55.8319
39.1968 41.1567
53.1732 55.8319
53.1732 55.8319
53.1732 55.8319
32.2616 33.8747
43.9837 46.1827
35.7528 37.5413
40.4510 42.4745
40.4510 42.4745
36.6466 38.4798
36.6466 38.4798
38.2411 40.1535
36.6466 38.4798
46.9109 49.2574
40.4510 42.4745
39.4644 41.4385
53.7360 56.4230
34.0300 35.7324
37.5628 39.4418
40.4510 42.4745
40.4510 42.4745
41.4623 43.5364
40.4510 42.4745
46.9109 49.2574
47.7575 50.1454
36.6466 38.4798
33.2000 34.8609
30.8295 32.3718
34.0300 35.7324
34.0300 35.7324
30.8295 32.3718
35.7528 37.5413
33.2000 34.8609
32.1708 33.7797
30.6206 32.1520
48.9514 51.3990
45.4563 47.7291
23.9206 25.1167
22.3643 23.4831
30.0776 31.5822
27.2488 28.6119
30.0776 31.5822
25.1318 26.3887
Step4
I
66.3639
66.3639
66.3639
58.6235
74.3968
66.3639
74.3968
50.1156
58.6235
44.2948
43.2145
66.3639
66.3639
58.6235
43.2145
58.6235
58.6235
58.6235
35.5684
48.4920
39.4178
44.5975
44.5975
40.4032
40.4032
42.1601
40.4032
51.7195
44.5975
43.5098
59.2440
37.5184
41.4133
44.5975
44.5975
45.7124
44.5975
51.7195
52.6527
40.4032
36.6033
33.9898
37.5184
37.5184
33.9898
39.4178
36.6033
35.4678
33.7587
53.9690
50.1156
26.3725
24.6570
33.1608
30.0420
33.1608
27.7073
Max
107.7966
102.6635
102.6635
102.6635
102.6635
102.6635
102.6635
Step S
69.6909
69.6909
69.6909
61.5582
78.1167
69.6909
78.1167
52.6213
61.5582
46.5096
45.3752
69.6909
69.6909
61.5582
45.3752
61.5582
61.5582
61.5582
37.3547
50.9165
41.3896
46.8285
46.8285
42.4243
42.4243
44.2678
42.4243
54.3067
46.8285
45.6863
62.2062
39.3952
43.4849
46.8285
46.8285
47.9992
46.8285
54.3067
55.2853
42.4243
38.4343
35.6900
39.3952
39.3952
35.6900
41.3896
38.4343
37.2409
35.4464
56.6674
52.6213
27.6911
25.8903
34.8195
31.5448
34.8195
29.0926
Approrl.-d at a r'--gular m..:o.:ting of
th<! Powa.y Cily Council on 02/07/2023