AGENDA Poway City Council
Council Chamber I 73325 Civic Center Dr ive I Poway , CA I 92064 April 4, 2023 I 7 p.m.
Thank you for participating in your local government and the City of Poway Council meetings.
Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m.
Meetings I Regular City Council meetings are held in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will be open to the public.
Public participation is encouraged in a number of ways as described below. Members of the public may attend the City Council meeting in person, watch the City Council meeting live online, or participate remotely via Zoom. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.
IN-PERSON SPEAKERS: Persons wish ing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes .
To Watch Live:
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Go to: www .poway.org/meeting and join using
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speakers:
Call: (877) 853 - 5247
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PLEASE NOTE: If you wish to participate, please
also read the Remote Speakers section for
detailed instructions.
REMOTE SPEAKERS: If viewing online or calling in via telephone, it is highly recommended to log in to the waiting room at least 15 minutes prior to the commencement of the meeting. Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. If you wish to speak and are joining the meeting online, please let the City Clerk know prior to the meeting or the Steve Vaus
Mayor
Barry Leonard
Deputy Mayor
Brian Pepin
Council member
Caylin Frank
Councilmember
Peter De Hoff
Council member
announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in online and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available on line prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting.
Technical Support I For more information on how to connect, visit www.poway.org/meetinghelp .
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org . Sign up at https://poway .org/list.aspx to receive email notifications when City Council agendas are published on line. Items listed on the agenda with a"#" symbol are in preparation.
American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting.
The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION: None
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.
Speakers have one opportunity to address the Council under Public Comment.
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion .
2 of 4 Regular City Council Meeting April 4, 2023
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the February 21, 2023 Regular City Council Meeting Minutes
3. Acceptance of the Reservoir Overflow Modifications project; Bid No. 22-008, with U.S. Tank and Mechanical Services, Inc., as Complete
4. Award of Agreement to Sage View, Inc. for the Grove Management and Maintenance Services; RFP No. 23-014
5. Extension of the 2021-2022 Street Overlay Project Contract for the 2022-2023 Street Overlay Project with Hazard Construction ENGR, LLC, Bid No. 22-011 and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
6. Acceptance of the FY 2021-22 Accessibility Improvements - Community Park Pathways project; Bid No. 23-003, with SDC Engineering Inc., as Complete
ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS:
7. Conditional Use Permit 22-0005, a Request to modify a Conditional Use Permit for Granite Construction's aggregate operation located at 10975 Beeler Canyon Road and making the determination that the project is within the scope of the previously certified Environmental Impact Report (SCH# 89010025) for the project
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the Resolution approving CUP22-0005 for the modification of CUP 19-009 and its Reclamation Plan and making the determination that the project is within the scope of the previously certified Environmental Impact Report (SCH# 89010025).
STAFF REPORTS:
8. Development Review 22-0004; a request for approval of the siting and design of 10 single-family dwelling units, a gate on a private street at the terminus of Larchmont Street and making the determination that the project is within the scope of the Mitigated Negative Declaration, which was approved in conjunction with the approval Tentative Tract Map 16-001 on March 20, 2018 City Manager's Recommendation: It is recommended the City Council take public input and adopt the Resolution approving DR22-0004 for the siting and design of 10 single-family dwelling units, a gate on a private street and making the determination the project is within the scope of the Mitigated Negative Declaration, which was approved in conjunction with the approval of Tentative Tract Map 16-001 on March 20, 2018.
9. Authorization to Purchase One (1) Cargo Box Truck with Associated CCTV Equipment Utilizing Sourcewell Cooperative Purchasing Program Contract #091521-NAF and Appropriation of Funds City Manager's Recommendation: It is recommended the City Council adopt a resolution authorizing the purchase of a cargo box truck with associated CCTV equipment for a total net cost 3 of 4 Regular City Council Meeting April 4, 2023
of $410,639.98, the appropriation of $20,639.98 from the Sewer Fund Unassigned Fund Balance and authorizing the City Manager to execute all necessary documents.
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any public repor t of any action taken in closed session)
10. Public Employee Performance Evaluation
Gov. Code § 54957(8)(1)
Title: City Attorney
11 . Public Employee Performance Evaluation
Gov. Code § 54957(8)(1)
Title: City Manager
CLOSED SESSION: None
AD(OURNMENT
State of California
County of San Diego
)
) ss.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on March 28, 2023.
Said meeting to be held at 7:00 p.m., April 4, 2023, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. ,ddd~~fjit_
Carrie Gallagher, CMC, Cityc/e;
4 of 4 Regular City Council Meeting April 4, 2023
April 4, 2023, Item #2
AGENDA RE PQ RT City of Poway
DATE:
TO:
FROM:
April 4, 2023
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk cJ/'--1-"
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the February 21, 2023 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• February 21, 2023 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.
Recommended Action:
It is recommended the City Council approve the February 21, 2023 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. February 21, 2023 Regular City Council Meeting Minutes Reviewed/Approved By:
Wendy~ serman
Assistant City Manager
1 of 6
Reviewed By:
Alan Fenstermacher
City Attorney
Chris
City Manager
April 4, 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
February
21,
2023
City
Council
Chambers
13325
Civic
Center
Drive,
Poway,
California
(Per
Government
Code
54953)
(Meeting
Called
to
Order
as
City
Council/City
of
Poway
Plann
ing
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
, Caylin
Frank,
Peter
De
Hoff,
Barry
Leonard
, Steve
Vaus
STAFF
MEMBERS
PRESENT
City
Manager
Chris
Hazeltine;
Assistant
City
Manager
Wendy
Kaserman
(via
Zoom);
City
Attorney
Alan
Fenstermacher;
City
Clerk
Carrie
Gallagher;
Director
of
Development
Services
Bob
Manis;
Interim
Director
of
Finance
Tim
McDermott;
Director
of
Human
Resources
and
Risk
Management
Jodene
Dunphy;
Director
of
Public
Works
Eric
Heidemann;
Director
of
Community
Services
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
6 April 4, 2023, Item #2
City
of
Poway
-
Minutes
-
February
21,
2023
PUBLIC
COMMENT
John
Barton
spoke
regarding
traffic
safety
concerns
on
Midland
Road
and
suggested
speed
bumps
as
an
option
to
slow
the
speed
of
traffic
.
CONSENT
CALENDAR
Motioned
by
Mayor
Vaus,
seconded
by
Deputy
Mayor
Leonard
to
approve
Consent
Calendar
Items
1 through
6. 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
1. Approval
of
Reading
by
Title
Only
and
Waiver
of
Reading
in
Full
of
Ordinances
on
this
Agenda
2. Resolution
Finding
and
Declaring
an
Emergency
Within
the
City
of
Poway
No
Longer
Exists
Due
to
the
Novel
Coronavirus
(COVID-19)
Global
Pandemic
Joe
St.
Lucas
spoke
in
support
of
Item
#2,
suggesting
the
City
either
put
an
end
to
!axed
restrictions
on
dining
establishments
or
consider
making
them
permanent
by
way
of
amending
the
Poway
Municipal
Code.
Mayor
Vaus
spoke
regarding
the
importance
of
continuing
to
support
local
businesses
who
have
benefited
from
creative
Citywide
programs
implemented
during
the
Covid-19
Pandemic.
City
Manager
Hazeltine
clarified
the
ending
of
the
Emergency
Declaration
will
not
end
outdoor
dining,
nor
is
the
City
placing
timeline
restrictions
on
restaurants
to
return
loaner
picnic
tables.
Mr.
Hazeltine
added
staff
intends
to
return
to
Council
in
the
future
to
discuss
options
for
making
outdoor
dining
permanent.
In
response
to
questioning
by
Mayor
Vaus,
City
Attorney
Alan
Fenstermacher
confirmed
that
the
programs
being
discussed
were
not
authorized
by
the
emergency
and
are
therefore
considered
separate
from
it
and
will
remain
unaffected
by
its
ending.
3. City's
Investment
Report
as
of
December
31,
2022
4. Resolution
to
Award
Bid
to
Vulcan
Materials
Company
for
Portions
of
the
Bid,
Terminate
Portions
of
the
Bid,
and
Authorize
Open
Market
Purchase
or
Competitive
Negotiations
for
Asphalt,
Aggregates
and
Related
Materials;
Bid
No.
23-006
5. Award
of
Contract
to
Danny
Letner,
Inc.
OBA
Letner
Roofing
Company
for
the
Poway
Swim
Center
Locker
Room
Roof
Replacement
Project;
RFP
No.
23-011
6. Award
of
Contract
to
GQ
Builders,
Inc
., for
the
Fire
Station
1 Stairway
Replacement
Project,
Bid
No.
23-007
and
Determination
the
Project
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA)
3 of
6 April 4, 2023, Item #2
City of Poway -Minutes -February 21, 2023
ORDINANCES FOR INTRODUCTION
None.
PUBLIC HEARINGS:
7. Conditional Use Permit (CUP) 20-004 and Development Review (DR) 20-005; a request to construct and operate a three-story 36-room hotel on a 1.23-acre vacant lot located on 14082 Stowe Drive; APN: 323-481-19-00 and determination that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332
Mayor Vaus opened the Public Hearing at 7: 11 p.m.
Associate Planner JohnWilly Aglupos presented the item along with a PowerPoint presentation. He provided the property location and designated land use, he noted surrounding businesses, and provided a brief overview of a prior unsuccessful development proposal. Mr. Aglupos stated the new proposed development is a three-story boutique hotel with 36 rooms with a contemporary architectural style. He described the proposed amenities and noted the existing parking meets development standards.
Applicant Anil Patel with Serendipity Hospitality introduced Principal Architect, Eric Naslund from Studio E Architects. Mr. Naslund's presentation included details reiterating the plan's adherence to the South Poway Specific Plan. He emphasized the benefits of developing the under-utilized vacant site and how the development would generate Transient Occupancy Tax (TOT) and property tax for the City. He then provided further site details and aerial views of the property, including a rendering of the contemporary structure, landscaping plans, floor plans and elevation drawings.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:21 p.m.
Council discussion ensued. It was noted the applicant has adhered to the South Poway Specific Plan and took advantage of the Predevelopment Conference process to better understand the needs of the community. Benefits of future additional Transient Occupancy Tax (TOT) was noted, and support for the applicant by the business community was acknowledged.
Motioned by Deputy Mayor Leonard, seconded by Councilmember De Hoff to adopt Resolution No. 23-009 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 20-004 and Development Review 20-005 for the Construction and Operation of a Three-Story and 35-Foot-Tall Hotel with 36 Hotel Rooms Located at 14082 Stowe Drive Within the South Poway Commercial Land Use Designation of the South Poway Specific Plan Area; Assessor Parcel Number:323- 481-19-00", and determine that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332. Motion carried unanimously.
4 of 6
April 4, 2023, Item #2
City
of
Poway
-
Minutes
-
February
21,
2023
STAFF
REPORTS:
8. Lake
Poway
Upper
Playground
Design
Presentat
ion
and
Appropriation
of
Additional
Funds
for
Construction
and
Determination
the
Project
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA)
Director
of
Community
Services
Audrey
Denham
and
Special
Projects
Engineer
Jeff
Beers
presented
the
item
along
with
a
PowerPoint
presentation.
Ms
. Denham
gave
a
brief
history
and
background
on
the
upper
playground
including
original
construction
and
modifications
over
the
years
. Ms
. Denham
discussed
the
need
for
replacem
~_rjtc
,9ue
to
deterioration
and
difficulties
surrounding
continued
repairs
. She
added
the
goal
);~j[i;f
6dernization
and
to
create
a
nature
themed
all
abilities
playground
with
effective
shacle
Sstructures
that
incorporates
. $~~;'.:~~:$;;-:,,;_-,
features
from
Lake
Poway.
A',.\t/~t~}
A':fif:l/~·
. ,;:;.
_:t.{::-..
·<::VJft:•·
·?/:fdt
..
Mr
. Beers
provided
a
site
overview
with
existing
cq
nJ:lit_io'hs
, includ
ing\yisual
representations
of
the
current
upper
and
lower
play
areas
, and
no
J~cf
Jh
e
project
aims
fo
/s'.eamlessly
blend
the
different
play
areas
together
. Mr.
Beers
state
g/a.)fa'il shade
structure
w
ilh;{g,!:>
e
incorporated
into
the
existing
tree
coverage
to
provide
,sigh
ifi'cant
shadE;!
. coverage
th
fo'):J
gtwut
the
day
.
Renderings
showing
playground
structure
designs
were
p.r
e'.s'.ented
and
Mr.
Be~
·rs
noted
the
similar
durable,
easy
to
maintain
interlocking
sdrf~s
ing
:c"f{~~Tgn
s
have
been
uti1
rzed
on
othe
r
Poway
parks
. He
shared
the
projeGt
timeline
and
'·tjis
,c'd's
's'e'd
project
funding
which
includes
Park
Improvement
Funds
and
a
$208,7,07
Californi
~S'.b.epartment
of
Parks
and
Recreation
grant.
'Ft::<,.·-
"\);;
....
\i;;.'
'>-,'.;:?{:'i?,-=
·'-;::-.·~:>
-: ? ... :~>
Public
Comment:
;-::•v:-·,.
:,\~'~
None.
/'-·j:: ·--o:-.·
.....
• •'•\.•,y:•:-"
,J•,"•<,,•
.•·<•-•'•.•:•:'.
Council
discussio
r,"s&,n
~µed
_,.gffi
{f~
:§_pqh.§
e-,tQ
que~tions
, Special
Projects
Engineer
Jeff
Beers
.•,c,:.•'l'
••,¢::•,
··:-,:.;,,•.:-~:-:
❖·-
'·"•»:,·-,:•"'·'.·,_,:,:~:-·-·
•·◊.•-.
·•:•·"
explained
:the
Jock
wa
lli=w
illtemain
in"place
\,vith
· added
safety
featu
res,
accessibil
ity
between
the
Y.li~l
f~Wa;J'§
,w.~r pl~y
t~i
~a
will
be
a
~taif
case
and
a
separate
same-level
entrance
and
nQt
~j;ljH,"
e
toddle
'r!af$.
?. will
'rfriir,i
arily
be
covered
by
the
existing
shade
trees
.
,1ir1tir·
· ,,.?F>).
'\,t½~\,
...
Ci
tyfM
9nager
Hazeltih
~fa:Jarifiea
-;Jti
.e
Park
Improvement
Fund
will
not
be
exhausted
by
the
•,·,::,:,,.,·,·o'.•.
o;.'./,'<''
-:.-v
;Y,
project
itand
there
are
funds
availaole
for
future
park
improvements
.
· • ..,-.x:,:.·~
·.
. :-
:-·,e.
•◊:•:
❖
:v:•
:,._.;.·<,;-:
---~r:r=\::.:..
tt:5
Motioned
·t
&y
,. Councilm
imber
Frank,
seconded
by
Councilmember
Pepin
to
1)
appropriatE
f~~gJ
tio
,11~},'lff
nds
in
the
amount
of
$1,191,293
from
the
Park
Improvement
Fund
(4110-30~
,(t4.lt
~f
for
the
construction
of
the
Lake
Poway
Upper
Playground
Renovation
Pro)e~t
r(CIP
#PK020),
and
unappropriate
the
original
$342,505
from
the
Lake
Poway
Upper
Playground
Renovation
Project
(PK020)
back
to
the
General
Fund
Unassigned
Fund
Balance
(F1000);
and
2)
make
a
determination
the
Project
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA).
Motion
carried
unanimously.
WORKSHOPS None. 5
of
6 April 4, 2023, Item #2
City
of
Poway
-
Minutes
-
February
21,
2023
COUNCIL-INITIATED
ITEMS:
None. COUNCIL
COMMITTEE
REPORTS
and
ANNOUNCEMENTS:
Pursuant
to
AB1234
-
(G
.C.
53232(d)) None. CITY
MANAGER
ITEMS
None. CITY
ATTORNEY
ITEMS
(Including
any
public
report
of
any
action
taken
in
closed
session)
None. ADJOURNMENT The
meeting
was
adjourned
at
7:53
p.m
.
6 of
6 Carrie
Gallagher,
CMC
City
Clerk
City
of
Poway,
California
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
April 4, 2023
Honorable Mayor and Members of the City Counci~,1A
Robert Manis, Director of Development Services rYf
Andrea Thomas, Associate Civil Engineer
(858) 668-4605 or [email protected]
CITY COUNCIL
SUBJECT: Acceptance of the Reservoir Overflow Modifications project; Bid No. 22-008, with U.S.
Tank & Mechanical Services, Inc., as Complete
Summary:
On June 7, 2022, the City Council awarded the contract for the Reservoir Overflow Modifications project to U.S. Tank & Mechanical Services, Inc., the lowest responsible and responsive bidder, in the amount of $138,500. This action will accept the project as complete.
Recommended Action:
It is recommended the City Council:
(1) Accept the Reservoir Overflow Modifications project as complete; (2) Authorize the City Clerk to file and record the Notice of Completion; (3) Authorize the release of the retention in the amount of $7,689.84, if unencumbered, 45 days after City Council acceptance;
(4) Release The Ohio Casualty Insurance Company Bond for Material and Labor in the amount of $138,500 after the release of retention; and
(5) Retain The Ohio Casualty Insurance Company Bond for Faithful Performance for a period of one year.
Discussion:
This project achieved compliance with the California State Water Resources Control Board Division of Drinking Water requirements to eliminate potential cross-connections between the potable water distribution system and the stormwater drainage system. Four reservoirs were retrofitted with modifications to remove the potential cross-connections and ensure compliance with current regulations.
There was one change order for this project, which increased the contract amount by $15,296.75. The change order included additional costs for materials and labor for design changes required due to site constraints revealed during construction. The final contract amount is $153,796.75. 1 of 2
April 4, 2023, Item #3
Environmental Review:
The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act.
Fiscal Impact:
Sufficient funds are available in the project account (WT035) for the release of retention. Funds remaining in the project after acceptance will be returned to the Water Enterprise Fund (5100).
Public Notification:
None.
Attachments:
None .
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
2 of 2
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
ff1'B
City Manager
April 4, 2023, Item #3
April 4, 2023, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
CITY COUNCIL
April 4, 2023
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works 4_K'
Will Wiley, Assistant Director of Public Works for Maintenance Operations . A - (858) 668-4705 or [email protected] / Y
Award of ·Agreement to Sage View, Inc. for the Grove Management and Maintenance Services; RFP No. 23-014
A request for proposals (RFP) for the Grove Management and Maintenance Services, RFP No. 23-014, was duly advertised on February 16 and February 23, 2023. One (1) responsive proposal was received and opened on March 9, 2023. Staff reviewed the proposal submitted and selected Sage View, Inc., as the company providing the best value for the Grove Management and Maintenance Services to the City of Poway (City). Staff determined Sage View, Inc., to be responsive and qualified to provide these services. The length of the awarded contract shall be for approximately one (1) year and three (3) months beginning on April 5, 2023 through June 30, 2024. The contract may be extended for up to three (3) separate one-year term extensions.
The request for proposals remained open for three (3) weeks. Despite the City's outreach efforts, one proposal was received. Staff reviewed the proposal and determined that Sage View, Inc., met the evaluation criteria and needs of the City.
Recommended Action:
It is recommended the City Council award the contract for Grove Management and Maintenance Services, RFP No. 23-014, to Sage View, Inc., and authorize the City Manager to execute the necessary documents.
Discussion:
The City has a continuing need for Grove Management and Maintenance Services for two groves:
1) Silver Ridge Lemon Grove; and 2) Adobe Ridge Lemon Grove. The services include irrigation inspections, pest and weed control, pruning, brow ditch cleaning, paved area sweeping, fertilization, litter control, and as-needed activities. Additional work includes harvesting, packaging, and sale of citrus.
1 of 15
April 4, 2023, Item #4
The RFP was advertised for three (3) weeks in February and March. One proposal was received and opened on March 9, 2023, and was found to be responsive to the proposal's requirements. This contract will include a not to exceed 5% CPI increase.
Proposal results are as follows:
Location Unit Cost Per Month Annual Costs
Silver Ridge Lemon Grove $5,600 $67,200
Adobe Ridge Lemon Grove $ 800 $ 9,600
Total Cost for Both Groves $6,400 $76,800
Background: On February 15, 2022, staff presented a workshop to City Council seeking input and direction for repurposing three (3) citrus-producing groves owned and maintained by the City: Silver Ridge Lemon Grove, Adobe Ridge Lemon Grove and Ted Williams Grapefruit Grove. Council was asked to consider potential options for reducing the City's associated cost for the groves. City Council provided direction to cease maintenance of the Ted Williams Grapefruit Grove and approved a plan to return the area to a no-maintenance, natural state. To achieve this, staff immediately turned off water to the irrigation, removed the irrigation system, prepared the land and had hydroseed applied to start a natural growth environment.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Funding is available in the Fiscal Year 2022-23 budget for the current year portion of this contract.
The Proposed Fiscal Year 2023-24 Facilities Maintenance Division budget (415010-41600) includes $76,800 for the annual maintenance of two (2) citrus groves. Amounts for subsequent fiscal years will be included in the annual budget process for Council's consideration.
Public Notification:
None.
Attachments:
A. Standard Agreement for Services
Reviewed/Approved By:
Wendy1kaserma n
Assistant City Manager
2 of 15
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
April 4, 2023, Item #4
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 5th day of April, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and SAGE VIEW, INC., (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to perform Grove Management and Maintenance Services;
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 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 3 of 15 ATTACHMENT A
April 4, 2023, Item #4
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.
4of
15 April 4, 2023, Item #4
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
interest's
conflict
in
any
way
with
those
of
the
City
of
Poway.
Contractor
shall
at
all
times
comply
with
the
terms
of
the
Political
Reform
Act
and
the
local
conflict
of
interest
code
.
Contractor
shall
immediately
disqualify
itself
and
shall
not
use
its
official
position
to
influence
in
any
way
any
matter
coming
before
the
City
in
which
the
Contractor
has
a
financial
interest
as
defined
in
Government
Code
Section
87103.
Contractor
represents
that
it has
no
knowledge
of
any
financial
interests
which
would
require
it
to
disqualify
itself
from
any
matter
on
which
it
might
perform
services
for
the
City.
"Contractor"
means
an
individual who,
pursuant
to
a
contract
with
a
state
or
local
agency:
5 of
15 (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.
April 4, 2023, Item #4
DISCLOSURE DETERMINATION:
1:8'.1 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.
6 of 15
April 4, 2023, Item #4
14. Contractor's
Insurance.
Contractor
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
15. Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Contractor's
negligent
performance
of
professional
services,
City
and
its
respective
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
Contractor
or
any
other
person
for,
and
Contractor
shall
indemnify,
protect
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
occurring
as
a
result
of
Contractor's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Contractor,
its
agents,
officers,
directors,
sub-Contractors
or
employees.
(b)
For
Claims
alleged
to
arise
from
Contractor
's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Contractor
or
any
other
person
for,
and
Contractor
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Contractor's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Contractor,
its
agents,
officers,
directors,
sub-Contractors
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.
For
Claims
alleged
to
arise
from
Contractor's
professional
services,
Contractor's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Contractor's
negligence.
(c)
The
foregoing
obligations
of
Contractor
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Contractor,
anyone
directly
or
indirectly
employed
by
it or
anyone
for
whose
acts
it may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Contractor
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts.
7 of15
April 4, 2023, Item #4
(e)
Contractor
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Contractor
is
carrying
and
maintaining;
however,
if Contractor
fails
to
take
such
action
as
is
necessary
to
make
a claim
under
any
such
insurance
policy,
Contractor
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities incurred
by
City
in
making
any
claim
on
behalf
of
Contractor
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
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.
8 of
15 April 4, 2023, Item #4
19. Notices. Notices
shall
be
given
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
20. Governing
Law.
Forum
Selection
and
Attorneys'
Fees.
This
Agreement
shall
be
governed
by,
and
construed
in
accordance
with,
the
laws
of
the
State
of
California.
Each
party
to
this
Agreement
consents
to
personal
jurisdiction
in
San
Diego
County,
California,
and
hereby authorizes
and
accepts
service
of
process
sufficient
for
personal
jurisdiction
by
first
class
mail,
registered
or
certified,
postage
prepaid,
to
its
address
for
giving
notice
as
set
forth
in
Exhibit
"A"
hereto.
Any
action
to
enforce
or
interpret
the
terms
or
conditions
of
this
Agreement
shall
be
brought
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration.
Contractor
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
section
394.
The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees.
Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Contractor
in
the
event
of
termination,
Contractor's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Contractor
would
have
been
entitled
to
receive
compensation
if
terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses.
21. Gender. Whether
referred
to
in
the
masculine,
feminine,
or
as
"it,"
"Contractor"
shall
mean
the
individual
or
corporate
Contractor
and
any
and
all
employees
of
Contractor
providing
services
hereunder
.
22. Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts,
each
of
which
shall
be
deemed
an
original,
but
all
of
which,
together,
shall
constitute
one
and
the
same
instrument.
Documents
delivered
by
telephonic
facsimile
transmission
shall
be
valid
and
binding.
23. Entire
Agreement.
This
Agreement
shall
constitute
the
entire
understanding
between
Contractor
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Contractor.
No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any
force
or
effect
unless
it is
in
writing
and
executed
by
the
party
to
be
bound
thereby.
9 of
15 April 4, 2023, Item #4
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
10 of 15
April 4, 2023, Item #4
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY SAGE VIEW INC,
By:------------By:-------------
Chris Hazeltine, City Manager
Date: Date: -----------
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By:-------------
Alan Fenstermacher, City Attorney
11 of 15
Marc Doig, President
------------
April 4, 2023, Item #4
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Contractor agrees to maintain services of two groves: 1) Silver Ridge Lemon Grove; and 2) Adobe Ridge Lemon Grove. The services include irrigation inspections, pest and weed control, pruning, brow ditch cleaning, paved area sweeping, fertilization, litter control, and as-needed activities. Additional work includes harvesting, packaging, and sale of citrus.
8. Payment for the Sale of Citrus:
The Contractor shall manage, maintain, harvest and sell the citrus. The City of Poway shall be the recipient of seventy-five percent (75%) of all payments for the sale of the citrus. This payment shall be the net proceeds from the sale, and shall be itemized to show the gross amount, less the cost of harvesting, transporting, and packing of the citrus. A check shall be remitted to the City of Poway within 100 days after the harvesting/packing process.
C. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on March 9, 2023, which is included in this document as Attachment
2. Total fee is not to exceed $76,800 per year plus amounts designated for grove management and maintenance services not to exceed the City's adopted fiscal year operating budget for grove management and maintenance 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.
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 other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
D. Term of Agreement.
This Agreement shall be effective from the period commencing April 5, 2023, and ending June 30, 2024, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (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 12 of 15
April 4, 2023, Item #4
than July 1, 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.
E. 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:
13 of 15
April 4, 2023, Item #4
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.
F. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
14 of 15
To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
Sage View, Inc.
12319 Sage View, Rd
Poway, CA 92064
(Remainder of page intentionally left blank)
April 4, 2023, Item #4
Attachement 2
FEE PROPOSALS
At a minimum, Contractor should have been in the farm management business for five (5) years with five (5) years of experience in maintaining citrus trees (2 acres or more).
ITEM DESCRIPTION UNIT COST FREQUENCY ANNUAL COST PER MONTH 1 Silver Ridge Lemon Grove $5,600 x 12 months $67,200 Grove Maintenance 2 Adobe Ridge Lemon Grove $800 x 12 months $9,600 Grove Maintenance Each Individual Grove location will have the following maintenance activities:
MAINTENANCE ACTIVITIES -INCLUDES ALL MATERIALS
(FREQUENCY PER TECHNICAL SPECIFICATIONS SECTION LV)
1 General Performance
2 Irrigation Inspections
3 Pest Control
4 Weed Control
5 Site Cleanup
6 Pruning/ Tree Skirting
7 Harvesting
8 Brow Ditch Cleaning (Excluding Adobe Ridge Groves)
9 Sweep Paved Areas
10 Fertilization
11 Litter Control
AS NEEDED ACTIVITY UNIT PRICE (INCLUDES ALL MATERIALS)
Tree Removal Per Tree $80
Tree Replacement Per Tree $90
General Laborer Per Hour $37
Irrigation Repair Per Hour $37
15 of 15
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
April 4, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services ~
Andrea Thomas, Associate Civil Engineer
(858) 668-4605 or [email protected]
CITY COUNCIL
Extension of the 2021-2022 Street Overlay Project Contract for the 2022-2023 Street Overlay Project with Hazard Construction ENGR, LLC, Bid No. 22-011 and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
This project consists of removal and replacement of asphalt concrete within select streets needing repair. On May 17, 2022, the 2021-2022 Street Overlay project was awarded to Hazard Construction ENGR, LLC. The contract includes a provision that allows for the contract to be extended. This is the first of two allowable extensions.
Recommended Action:
1) It is recommended the City Council extend the 2021-2022 Street Overlay project contract for the 2022-2023 Street Overlay project in the amount of $1,034,865; and 2) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA)
Discussion:
Hazard Construction ENGR, LLC successfully executed and completed the 2021-2022 Street Overlay project. For this first extension to the project, new unit prices were submitted as required by the contract documents. The new unit prices have been reviewed and accepted by staff. The cost of most of the work within the project remained the same as last year. Some unit costs increased within expected escalation rates.
All provisions of the 2021-2022 Street Overlay contract will remain except for the description of the 2022-2023 Street Overlay project scope of work and revised unit pricing.
The scope of this year's project consists of asphalt overlay of residential streets, asphalt cold milling and patching, and pedestrian ramp removal and replacement. The work will be performed on Pomerado Road from Bernardo Heights Parkway to the northern City lim it, Casa Avenida, Gateway Park Road, Corte Rayito, Valle Verde Terrace, Wild Holly Lane, Monte Vista Road, and a portion of 1 of 4
April 4, 2023, Item #5
Avenida Florencia from Espola Road to Camino del Valle. This work has been coordinated with the Zone 6 Street Maintenance Project.
In 2008, Development Services staff presented a multi-tiered and zoned approach to organize maintenance efforts. Staff made a review of the street system and divided it up into eight relatively equal parts, based on both geography and area of pavement. The defined zone approach keeps the financial expenditure similar from year to year, sets reliable expectations for the residents, and minimizes the area of interruption during construction activities.
The First Amendment to the contract is attached, however due to the length of the full contract, not all referenced attachments are included. The complete contract is available for review with the Development Services Department.
Environmental Review:
The proposed asphalt/concrete pavement rehabilitation of existing City streets with the Fiscal Year 2022-2023 Street Overlay project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 (c) of the CEQA Guidelines, in that the project involves maintenance of existing streets with no expansion of use.
Fiscal Impact:
There are sufficient funds in the Fiscal Year 2022-23 Street Overlay Project account (ST023) to award the contract. This project is funded in full with TransNet Funds. TransNet funds are generated by a half-cent sales tax approved by San Diego County voters to fund transportation projects in San Diego County.
Public Notification:
None.
Attachments:
A. First Amendment to the Contract
Reviewed/Approved By:
11J2)J. L---- ----·---.,
WeniiJ Kaserman
Assistant City Manager
2 of 4
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Che,;;
City Manager
April 4, 2023, Item #5
FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF POWAY AND
HAZARD CONSTRUCTION ENGR, LLC
10529 Vine Street
Lakeside, CA 92040
This First Amendment to Contract (the "First Amendment") is made effective April 5, 2023, by and between the City of Poway, a municipal corporation (the "City") and Hazard Construction ENGR, LLC, a California corporation (the "Contractor") to extend the term of that certain City of Poway Unit Price Contract to the 2021-2022 Street Overlay Project dated May 18, 2022 (the "Contract").
RECITALS
A. The City and Contractor entered into the Contract for a term that began on May 18, 2022, and which was originally to expire on June 27, 2022 .
B. Under the conditions of the 2021-2022 Street Overlay Project Special Provisions, Section 2-15, Contract Length, the parties by mutual consent, can extend the agreement by up to two (2) one-year periods.
C. The parties now wish to extend the term of the Contract to June 30, 2023.
NOW, THEREFORE, in consideration of the mutual benefits to be derived thereupon, the parties agree to amend the Contract as follows :
3 of 4
1. For the period of June 28, 2022, through June 30, 2023, the title of the project shall be changed from the "2021-2022 STREET OVERLAY PROJECT" to the "2022-2023 STREET OVERLAY PROJECT," (the "2022-2023 Project").
Except for work to cure any defaults in work performed under the Contract during its initial term, all work to be performed between the effective date and expiration date of this Contract extension shall be for the 2022-2023 Project.
2. The Construction Contract for the 2022-2023 Project, attached to this Extension as Attachment 1, shall apply to all work performed for the 2022- 2023 Project.
3. The Bonds for Material and Labor and for Faithful Performance, attached to this Extension as Attachments 2 and 3, respectively, shall apply to all work performed for the 2022-2023 Project.
4. The Guara,nty for the 2022-2023 Project, attached to this Extension as Attachment 4, shall apply to all work performed for the 2022-2023 Project.
5. The Worker's Compensation Insurance Certificate dated _____ , attached to this Extension as 'Attachment 5, shall apply to all work performed for the 2022-2023 Project.
6. The Unit Price Proposal for the 2022-2023 Project, together with the Bid Schedule, collectively attached to this Extension as Attachment 6, shall apply to all work performed for the 2022-2023 Project.
ATTACHMENT A
April 4, 2023, Item #5
First Amendment
Hazard Construction ENGR, LLC
7. The List of Subcontractors for the 2022-2023 Project, attached to this Extension as Attachment 7, shall apply to all work performed for the 2022- 2023 Project.
8. The Worker Classifications for the 2022-2023 Project, attached to this Extension as Attachment 8, shall apply to all work performed for the 2022- 2023 Project.
9. The Non-Collusion Affidavit for the 2022-2023 Project, attached to this Extension as Attachment 9, shall apply to all work performed for the 2022- 2023 Project.
10. The Asphalt Quantity Table for the 2022-2023 Project, attached to this Extension as Attachment 10, shall apply to all work performed for the 2022- 2023 Project.
11. The Addendum to Section 7.4, Vicinity Maps, and Construction Details for the 2022-2023 Project, attached to this Extension as Attachment 11 , shall apply to all work performed for the 2022-2023 Project.
Except as otherwise expressly provided above, all the provisions of the Contract between the City of Poway and Hazard Construction ENGR, LLC, effective April 5, 2023, as extended by the second amendment, shall remain in full force and effect.
IN WITNESS WHEREOF the parties have caused the Contract to be executed as follows:
BY:
BY:
ATTEST:
4 of 4
____________ DATED ________ _
Jason A. Mordhorst
President
Hazard Construction ENGR, LLC
__________ DATED _______ _
Chris Hazeltine
City Manager
City of Poway
Carrie Gallagher
City Clerk
City of Poway
DATED ---------
April 4, 2023, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Pow ay
April 4, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /<)
Sara Trunzo, Senior Civil Engineer ~
(858) 668-4622 or [email protected]
CITY COUNCIL
Acceptance of the FY 2021-22 Accessibility Improvements - Community Park Pathways project; Bid No. 23-003, with SOC Engineering Inc., as Complete On September 20, 2022, the City Council awarded the contract for the FY 2021-22 Accessibility Improvements - Community Park Pathways project to SOC Engineering Inc., the lowest responsible and responsive bidder, in the amount of $108,814.54. This action will accept the project as complete.
Recommended Action:
It is recommended the City Council:
(1) Accept the FY 2021-22 Accessibility Improvements - Community Park Pathways 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 $5,879.94, if unencumbered, 45 days after City Council acceptance;
(4) Release The Ohio Casualty Insurance Company Bond for Material and Labor in the amount of $108,814.54 after the release of retention; and
(5) Retain The Ohio Casualty Insurance Company Bond for Faithful Performance for a period of one year.
Discussion:
The FY 2021-22 Accessibility Improvements - Community Park Pathways project was funded through the Community Development Block Grant (CDBG) Program. The County of San Diego manages the program and distributes funds to the City. This year's project removed and replaced existing concrete pathways with pathways that are compliant with the Americans with Disabilities Act (ADA). The replaced pathways include the connections between the baseball fields, basketball court and existing restroom at the southeast corner of the park.
There was one change order for this project, which increased the contract amount by $8,784.35. The change order included costs for materials and labor associated with additional concrete areas 1 of 2
April 4, 2023, Item #6
requested by the City to be removed and replaced during construction. The final contract amount is $117,598.89.
Environmental Review:
The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act.
Fiscal Impact:
Sufficient funds are available in the project account (PK021) for the release of retention.
Public Notification:
None
Attachments:
None
Reviewed/ Approved By:
Wend{! aserman
Assistant City Manager
2 of 2
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
April 4, 2023, Item #6
April 4, 2023, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
April 4, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Servicesp!l
Austin Silva, Senior Planner .,p.{
858-668-4658 or [email protected]
CITY COUNCIL
Conditional Use Permit 22-0005, a Request to modify a Conditional Use Permit for Granite Construction's aggregate operation located at 10975 Beeler Canyon Road and making the determination that the project is within the scope of the previously certified Environmental Impact Report (SCH# 89010025) for the project
Granite Construction is requesting to modify a Conditional Use Permit (CUP) for their aggregate operation by allowing for the construction of industrial buildings on the future industrial pads prior to the conclusion of mining and processing activities or operations. They are also requesting to revise future industrial building pad locations (Pads) at the northerly portion of the site located at 10975 Beeler Canyon Road, designated as Mineral Resource Extraction (MRE) in the South Poway Specific Plan (SPSP) area. This item was continued from the March 21, 2023 City Council agenda and the public hearing is still open.
Recommended Action:
It is recommended the City Council take public input, close the public hearing and adopt the Resolution (Attachment A) approving CUP22-0005 for the modification of CUP 19-009 and its Reclamation Plan and making the determination that the project is within the scope of the previously certified Environmental Impact Report (SCH# 89010025).
Discussion:
Granite Construction is the applicant and there are two property owners with the three parcels that are currently associated with CUP for Granite Construction's aggregate operation. The two westerly parcels, APN 320-031-06 and 320-031-03 are owned by Clerco, Inc. (Clerco Parcels). The easterly parcel, APN 320-031-04, is owned by Calmat Co. (Calmat Parcel). The three parcels (collectively Mining Site) are located south of Kirkham Way and north of Beeler Canyon Road on properties designated as MRE in the South Poway Specific Plan (Attachment B). Surrounding land uses include industrial development, open space, and single-family residences to the west, industrial development to the north, an apprenticeship training center and open space to the east, and single-family residences and open space in the City of San Diego to the south across Beeler Canyon Road. 1 of 28
April 4, 2023, Item #7
Aggregate extraction and processing activity was conducted by Padre Transit Mix at the Mining Site starting in 1975 under a permit issued by the County of San Diego prior to the City of Poway's incorporation. Padre Transit Mix was acquired by Cal Mat Co. in 1989. The City took responsibility of administering the mining extraction permit after incorporation. The original mining operation was located on the central parcel which is in the easterly property of the Clerco Parcels (82.93-acre parcel).
In 1986, Cal Mat purchased the Calmat Parcel (65.92-acre property), which was included in the current CUP for the mining operation. In 1987, Clerco purchased the westerly approximate 17-acre property (APN 320-031-06) of the Clerco Parcels to allow for a private access road from the Mining Site to Kirkham Way.
In August 1991, the City Council adopted Resolution No. P-91-48R (Attachment C) approving CUP89- 05 for the continuation and expansion of the aggregate operation. Granite Construction took over operation of the Mining Site in February 2020 with approval of CUP19-009. CUP19-009 was approved administratively as a minor modification to CUP89-05 to memorialize the change in the mine operator.
Rather than mining, Granite Construction primarily uses the site to recycle broken concrete and asphalt into useful construction materials.
The SPSP, adopted in 1985, identified the mining operation as ongoing and allowed it to continue by renewing the County's permit as a CUP from the City of Poway and approval of a Reclamation Plan.
The Reclamation Plan is required by California's Surface Mining and Reclamation Act of 1975 to ensure that "adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses." Chapter 16.54.080(8) of the Poway Municipal Code (PMC) also states that the Reclamation Plan and potential use of reclaimed land pursuant to the plan are to be consistent with the General Plan and any applicable specific plans, resource plan, or element. The PMC also requires that reclamation activities begin as early as possible on those portions of the mined lands that will not be subject to further disturbance. Reclamation at this Mining Site may be done on an annual basis, in stages with continuing operations, or upon completion of all excavation, removal, or fill, as approved by the City. The Reclamation Plan indicates that two industrial pads will be constructed totaling approximately 15 acres over the easterly Clerco Parcel and the Calmat Parcel along the south side of Kirkham Way at the northerly portion of the Mining Site (Attachment D). After reclamation of the Mining Site, 154 acres will be redesignated from MRE to Natural OS. A biological conservation easement (BCE) with appropriate signage will also be required over the Natural OS areas. The remaining 15 acres where the industrial pads will be located will be redesignated to Light Industrial (LI).
In 2022, Granite Construction commenced reclamation activities at the Mining Site by beginning restoration of the Central Reach of Beeler Creek, which includes 894 linear feet that have been impacted by mining activities. Granite Construction has obtained the appropriate permits from the Regional Water Quality Control Board, California Fish and Wildlife, and United States Army Corps of Engineers to move forward with the creek restoration. Restoration of this segment of Beeler Creek is expected to be completed in 2023.
The applicant is requesting to modify CUP19-009 and the Reclamation Plan to reconfigure the two industrial building pads to be entirely on the Clerco Parcels as conceptually shown in the conceptual industrial pad reconfiguration exhibit (Attachment E). This would result in no industrial pad being constructed on the Cal Mat parcel and the Cal Mat parcel would remain undisturbed. The reconfigured 10-acre industrial pad on the Clerco property would be supported by manufactured slopes over 30- feet tall. A second 5-acre industrial pad will be located to the west of the access road, along Kirkham Way, consistent with the existing CUP.
2 of 28
April 4, 2023, Item #7
Granite Construction is requesting to remove condition number eight (8) under the Roads and Traffic section of City Council Resolution No. P-91-48R. The resolution states that any change to this condition specifically requires approval by the City Council. The condition states that "construction of industrial buildings is prohibited on the future industrial lots to be created by reclamation activity along the northerly property line until mining and processing activities on the project site have been completed, or CalMat terminates operations under the permit." Staff is supportive of removing this condition because Granite Construction has been making progress towards the reclamation and restoration of the site as described earlier in this report. Additional conditions from City Council Resolution No. P- 91-48R that have already been satisfied will also be removed; all ongoing operational conditions will remain.
A Specific Plan Amendment (SPA) has been submitted to change the land use for the industrial pad locations from Mineral Resource Extraction to Light Industrial, along with a Development Review (DR) application to construct a battery storage facility on the newly reconfigured easterly pad. The SPA and DR will be heard by the City Council separately from this CUP at a later date.
Environmental Review:
A Final Subsequent Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) for the CalMat-Poway project, for which CUP 89-05 was a component of. The Final Subsequent EIR (SCH# 89010025) was certified by the City Council on August 7, 1990. The Final Subsequent EIR analyzed the potential impacts of the Cal Mat-Poway project. The proposed CUP modification does not create any new impacts, nor does it warrant the need for additional mitigation measures. No further environmental analysis is required because the Project's impacts have already been analyzed and are fully covered by the previously certified Final Subsequent EIR. There are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163.
Fiscal Impact:
No impact.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on March 9, 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. Resolution No. P-91-48R
D. Current Industrial Pad Configuration Site Plan
E. Proposed Site Plan
3 of28
April 4, 2023, Item #7
Reviewed/Approved
By
:
Wendy
I<
erman
Assistant
City
Manager
4 of
28 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
Ch&t!!b
City
Manager
April 4, 2023, Item #7
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 22-0005 FOR GRANITE CONSTRUCTION'S
AGGREGATE OPERATION TO REVISE FUTURE INDUSTRIAL
BUILDING PAD LOCATIONS.
ASSESSOR PARCEL NUMBERS: 320-031-06, 320-031-03, and
320-031-04
WHEREAS, Conditional Use Permit (CUP) 22-0005, submitted by Granite Construction, applicant, is a request to modify a CUP for their aggregate operation by allowing for the construction of industrial buildings on the future industrial pads prior to the completion of mining and processing activities or operations under the CUP have been terminated, and revising future industrial building pad locations (Pads) at the northerly portion of the site located at 10975 Beeler Canyon Road, designated at Mineral Resource Extraction (MRE) in the South Poway Specific Plan (SPSP) area;
WHEREAS, on August 7, 1990, the City Council adopted Resolution No. 90-164 approving CUP 89-05 for continuation and expansion of the aggregate operation located at 10975 Beeler Canyon Road;
WHEREAS, on August 14, 1990, a petition for a rehearing was brought before the City Council; '
WHEREAS, on August 14, 28, September 18 and October 2, 1990, the City Council reviewed the petition for a rehearing;
WHEREAS, on October 2, 1990, the City Council found that there was new and different evidence that was not available at the previous hearing on August, 7, 1990; WHEREAS, on August 20, 1991, the City Council adopted Resolution No. P-91-48R approving CUP 89-05 for continuation and expansion of the aggregate operation located at 10975 Beeler Canyon Road;
WHERAS, on February 20, 2020, the Director of Development Services approved CUP 19-009, allowing the aggregate facility operator to change from Vulcan Materials to Granite Construction;
WHEREAS, on April 4, 2023, the City Council held a duly advertised public meeting to solicit comments from the public, both for and against relative to this application; WHEREAS, Section 17.48.070 of the of the Poway Municipal Code (PMC) establishes findings required for granting a Conditional Use Permit; and WHEREAS, the City Council has read and considered the agenda report for the proposed CUP request and has considered other evidence presented at the public meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
5 of 28 ATTACHMENT A
April 4, 2023, Item #7
Resolution No. 23-
SECTION 1: A Final Subsequent Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) for the CalMat-Poway project, for which CUP 89-05 was a component of. The Final Subsequent EIR (SCH# 89010025) was certified by the City Council on August 7, 1990. The Final Subsequent EIR analyzed the potential impacts of the CalMat-Poway project. The proposed CUP modification is consistent with CUP 89-05 and does not create any new impacts nor does it warrant the need for additional mitigation measures. No further environmental analysis is required because the Project's impacts have already been analyzed and are fully covered by the previously certified Final Subsequent EIR.
There are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163.
SECTION 2: The findings made in Resolution No. P-91-48R for CUP 89-05 remain applicable.
SECTION 3: The City Council hereby approves CUP22-0005 as shown on the site plan incorporated herein by reference and stamped as "Exhibit A" and dated April 4, 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 shall apply only to the subject project and shall not waive compliance with all other sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance.
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 reasonable use and enjoyment of surrounding uses.
This CUP approval allows for continued operation of the proposal submitted by CalMat for CUP 89-05 and described the Final Subsequent EIR, except without an asphalt concrete plant.
E. The capacity of the sand and gravel plant is to be limited in size to a nominal processing 6 of 28
April 4, 2023, Item #7
Resolution No. 23-
capacity of 775,000 tons per year. Monitoring of the production rate shall occue to the satisfaction of the City Engineer.
F. The CUP shall expire on August 20, 2031.
G. All structures and use of the premises shall be in conformance with a revised site plan to be submitted within 90 days.
H. Applicant shall pay, at the time of the development of its industrial lots, pro rata share of $67,463.20, adjusted per annum based upon Engineering News Record, toward the development of a five-acre park in the South Poway Planned Community.
I. Obtain building permits, as appropriately required, from the City of Poway and comply with the regulations of the Industrial Safety Division of the Occupational Safety and Health Administration for new or used plant facilities installed on the site.
J. Submit payment(s) for consultant costs within two weeks of receipt of written requests with invoices.
K. The following conditions shall be met to the satisfaction of the Planning Division:
7 of28
1. Conduct salvage operations for San Diego Barrel Cactus specimens identified by the springtime biological survey and transplant onto adjacent open space or other suitable locations within the open space areas of the South Poway Specific Plan.
Transplant some cactus specimens to the future reclaimed slopes as deemed appropriate by the project biologist on consultation with the applicant.
2. Protect the riparian scrub habitat located within the Beeler Creek floodplain (as identified in Appendix C of the Technical Appendices to the certified Subsequent EIR) from operational encroachment by placement of a five-strand barbed wire fence or suitable alternative in that 0.2-acre area. Designate an open space easement over this habitat with wording to be approved by the Director of Planning Services and the City Attorney. If appropriate, submit a mitigation contingency plan within one year to address any inadvertent disturbance of the habitat.
3. Long-term biological monitoring is required per the Subsequent EIR, including the preparation of status reports to be reviewed by the City on an annual basis for a minimum of 20 years and potential extensions at each five year review period. The plan is to be prepared by a qualified biologist working with a revegetation specialist or certified landscape architect.
4. Maintain 3.8 acres of viable Southern California Grassland and 43.1 acres of Diegan Coastal Sage Scrub onsite at all times during the life of the permit. Prior to commencement of grading for the industrial pads, the applicant shall demonstrate compliance with this requirement on a habitat vegetation map prepared by a qualified biologist.
Mitigation Monitoring
The site shall be developed in compliance with the applicable environmental impact mitigation measures identified and the mitigation monitoring and reporting program April 4, 2023, Item #7
8 of 28
Resolution No. 23-
contained within the Certified Final Subsequent EIR (CalMat-Poway -SCH No. 89010025) on file in the Planning Services Department. Any additional costs for monitoring to be borne by the applicant shall be reviewed by the applicant prior to any authorization to perform services or works associated with such costs.
Reclamation Plan
Commence implementation of the reclamation plan approved on August 7, 1990 in accordance with the conditions of Resolution 90-164 as amended by Resolution No. 91- 078 approved on July 23, 1991.
5. The following conditions related to noise shall be adhered to:
a. Turn off back-up alarms on loaders, dozers, water trucks and other mobile plant equipment during official hours of local sunset and sunrise hours and replace with flashing strobes.
b. Maximize the use of storage and surge piles to shield noisy equipment (e.g., secondary crushers and vibrating screen).
c. All operation conducted on the premises, including the warming up, arrival, and departure of trucks and other vehicular equipment, shall be limited to the period between 6:00 a.m. and 6:00 p.m., Monday through Friday, 8:00 a.m. and 6:00 p.m. on Saturday, and no operations shall be conducted on the premises on Sundays. The hours of operation are suspended for emergency situations or in response to the needs of government agencies. Maintenance activities may continue until 9:00 p.m. on designated work days.
d. A paging system or approved alternative shall be uses so as not to produce sounds audible beyond the boundaries of the premises.
6. The following conditions related to air quality shall be adhered to:
a. Obtain a San Diego Air Pollution Control District Permit (APCD) for authority to construct and an APCD permit to operate.
b. The APCD shall monitor emissions on an annual or more frequent basis to ensure that the plant operates as designed.
c. Wet sweeping shall be done on the private access road, as required, in order to remove the accumulation of spilled materials from the pavement. Reclaimed water shall be used for wet sweeping once available.
d. Frequent watering of onsite haul routes is required to limit dust emissions from equipment moving on unpaved, in-plant surfaces in accordance with APCD requirements.
e. Plan fast-growing shrubs and trees along the west side of the private access road to act as a windbreak, confining dust and particulate matter to within the site.
f. Equipment to be used shall be as required by the Air Pollution Control District. g. All equipment and vehicular parking areas and roads shall be periodically treated, and at all times be maintained so as to prevent dust production to the satisfaction of the Air Pollution Control Officer.
h. Immediately prior to removal from the premises, all aggregate materials capable of generating dust shall be surface watered in a manner approved by the Air Pollution Control Officer.
i. All dust or other air pollution emissions at the screens, at material transfer April 4, 2023, Item #7
Resolution No. 23-
points, or at any equipment, during any phase of the operation, shall be controlled by water sprays, or by such other or additional methods as may be required by the Air Pollution Control Officer to control any excessive dust or air pollutant productions which, in the opinion of the Air Pollution Control Officer, may develop or has developed.
7. The following conditions related to landscaping shall be adhered to:
a. Landscaping shall be installed in accordance with an approved plan and landscaped areas shall be provided with an irrigation system (capable of conversion to reclaimed water) installed to provide water necessary to maintain the landscape screens along the north and south property lines. b. All landscaped areas shall be maintained in a healthy and thriving condition at all times.
7. The following conditions related to water and water quality shall be adhered to:
a. Provide copies to the Planning Division of the permit renewals for was discharge requirements from the State Regional Water Quality Control Board. b. No plumbing or other installation shall be made that could cause pollution of the potable water supply due to an open or cross connection or due to back siphonage.
c. Removal of emergent vegetation within the water-holding basins shall occur on an annual basis. Removal of vegetation within the Beeler Creek channel is limited to maintenance for flood control as approved by the Departments of Engineering and Planning Services.
d. Provide water conservation offset per Ordinance 335, as amended, in the event a larger water meter is necessary.
8. The following conditions related to visual impacts shall be adhered to:
a. Non-operating equipment, vehicles, junk, or other refuse shall not be stored or allowed to exist on the premised.
b. All light fixtures shall be so designed and adjusted as to reflect light downward, away from any road or street and away from other premises.
9. The following conditions related to review periods and compliance shall be adhered to:
a. Annual review of the conditional use permit and reclamation plan shall be conducted per Section 17.48.140 and 16.51.090 of the PMC in addition to mitigation monitoring and reporting.
b. This permit is subject to five-year reviews for compliance with prior conditions and to add new conditions as necessary to ensure compliance with changes in State, Federal, or local laws.
L. The following conditions shall be met to the satisfaction of the Engineering Division:
9 of28
1. Water Quality Control -Construction Storm Water Management Compliance The project proposes to disturb an area greater than 1 acre, therefore proof of coverage under the General Permit for Discharges of Storm Water Associated with April 4, 2023, Item #7
10 of 28
Resolution No. 23-
Construction Activity shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP).
2. 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.
3. All utility service is required to be installed underground. No overhead service will be permitted.
4. Erosion control shall be installed and maintained by the developer from October 1 to April 30 annually. The developer shall maintain all erosion control devices throughout their intended life.
5. The following conditions related to roads and traffic shall be adhered to:
a. Improve and repair Creek Road from Beeler Canyon Road to Pomerado Road to a minimum paved width of 24 feet to the satisfaction of the City Engineer. b. The applicant shall verify that Beeler Canyon Road was graded to 28 feet with adequate base to the satisfaction of the City Engineer. c. The heavy truck traffic on Beeler Canyon Road and Creek Road is limited to 310 trips per day until the access road to Kirkham Way is completed. d. Commence construction of the private access road from the plan site to the northerly property line within 60 days of CUP approval and any other needed City approvals. The road is to be completed and in service no than 60 days after the commencement of construction.
e. Truck traffic is limited to 730 trips per days averaged over a monthly period for working days. Periodic "no-notice" truck counts will be conducted by the City.
In addition, the applicant shall maintain truck trip logs of the number and types of trucks entering and leaving the site with copies provided to the Engineering Services Department upon request.
f. All truck and employee traffic shall utilize the Kirkham Way entrance upon completion of the new access road.
g. The onsite access road shall be well maintained at all times to meet Industrial Mine Safety and Health Administration (IMSHA) requirements. h. Construction of industrial buildings is prohibited on the future industrial lots to be created by the reclamation activity along the northerly line until mining and processing activities on the project site have been completed, or CalMat terminates operations under the permit. Any changes from this condition would have to be specifically approved by the City Council.
6. The following conditions related to floodway shall be adhered to:
a. Settling ponds shall be in conformance with the approved plot plan. b. If necessary, obtain a streambed alteration permit from the California Department of Fish and Game before any work within the Beeler Creek channel. Coordinate this permit process with the Engineering and Planning Divisions.
c. If necessary, obtain a Section 404 permit from the Army Corps of Engineers for any work that would affect wetlands within or near Beeler Creek. Coordinate this permit process with the Engineering and Planning Divisions.
April 4, 2023, Item #7
Resolution No. 23-
7. The following conditions related to water supply and sewage disposal shall be adhered to:
a. Water supply to be provided by the City of Poway. Reclaimed water is to be used for wet aggregate processing and dust control once available. b. Provide and/or maintain adequate supply of water approved by the Air Pollution Control Officer and the City of Poway to meet the dust and air pollution control requirements.
c. Provide and/or maintain facilities on the premises which are approved by the Health Officer of the County of San Diego as follows:
Proper sanitary facilities including toilet, handwashing, and sewage disposal facilities for employees working on the premises. These facilities shall be installed in conformance with the applicable laws.
8. The following conditions related to grading and stockpiling shall be adhered to:
a. Top of excavation shall be no closer than 50 feet to the edge of the exterior property lines as shown on the approved site plan.
b. There shall be no blasting, and no storage or use of explosives, on the premises without a blasting permit issued by the City of Poway. c. No slope shall be established having a grade steeper than 2: 1, except that temporary vertical cuts in increments of 100 feet are permitted.
M. The following conditions shall be met to the satisfaction of the Fire Department:
11 of 28
1. A five-strand, five-foot high barbed wire fence shall be maintained surrounding the plant site and active extraction area, with the Kirkham Way access road provided with a lockable gate or alternative suitable to the Fire Department.
2. The Beeler Canyon Road access shall be secured by a lockable gate or alternative suitable to the Fire Department.
3. Submit a business plan including a spill prevention control and countermeasure plan to the County Health Department for fuels and other hazardous materials kept on the site.
4. The addition of a temporary onsite water storage tank is required until a water line of sufficient size is available to provide adequate flow for a fire hydrant. The location and size of the water storage tank and future hydrant shall be determined by the City Fire Marshal.
5. This project shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20-feet of unobstructed width and minimum 13'6" vertical clearance, with turning radius of not less than 28-feet, and capable of supporting the imposed loads of fire apparatus not less than 75,000 pounds.
6. The angle of departure and the angle of approach of a fire access roadway shall not exceed 12-percent.
April 4, 2023, Item #7
Resolution No. 23-
7. All dead-end fire access roadways greater 150-feet in length shall be provided with approved fire apparatus turn around.
8. The gradient for a fire apparatus access roadways shall not exceed 20 percent.
Grades exceeding 15 percent shall be constructed of Portland Cement Concrete (PCC), with a deep broom finish perpendicular to the direction of travel.
9. Fire apparatus access roadways shall extend to within 150 feet of all portions of the exterior walls of structures as measured by an approved route around the exterior of the building.
10. Fire apparatus access roadways, permanent or temporary, shall satisfactorily pass all required tests and Inspections, and be approved by the City.
11. The approved fire apparatus access roadways, either temporary or permanent, shall be made available as soon as combustible material arrives on site.
SECTION 4: 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 4th day of April, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
12 of 28
April 4, 2023, Item #7
Subject Location:
320-031-06
13 of 28
• NORTH
t Location:
City of Poway
Zoning I Location Map
Item: CUP22-0005
0 500
P--ir=eet
ATTACHMENT B
San Diego
ubject
April 4, 2023, Item #7
RESOLUTION
NO.
P-91-48R
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA
APPROVING
CONDITIONAL
USE
PERMIT
89-05
ASSESSOR'S
PARCEL
NUMBER
320-031-03,
04,
06 WHEREAS,
Conditional
use
Permit
89-05,
submitted
by
CalMat,
applicant,
for
the
purpose
of
continuing
and
expanding
the
aggregate
operation
on
the
real
property
situated
in
the
City
of
Poway,
County
of
San
Diego,
State
of
California,
described
as
a
portion
of
the
west
half
and
a
portion
of
the
east
half
of
the
northeast
quarter
of
Section
25,
Township
14 South,
Range
2 west,
San
Bernardino
Meridian,
regularly
came
before
the
City
Council
for
public
hearing
and
action
on
July
23,
1991;
and
WHEREAS,
the
Director
of
Planning
Services
has
recommended
approval
of
the
conditional
use
permit
subject
to
all
conditions
set
forth
in
the
Planning
Services
Department
report;
and
WHEREAS,
the
City
Council
has
read
and
considered
said
report
and
has
considered
other
evidence
presented
at
the
public
hearing.
NOW
I
THEREFORE,
the
City
Council
of
the
City
of
Poway
does
hereby
resolve
as
follows:
Section
1:
Environmental
Findings:
14 of
28 The
City
Council
found
on
August
7,
1990
that
the
proposed
conditional
use
permit
is
a
component
of
the
CalMat-Poway
project
for
which
a
Final
Subsequent
Environmental
Impact
Report
(SCH
189010025)
for
the
subject
project
was
reviewed
and
considered
by
the
City
Council
and
was
certified
as
complete
and
adequate
for
the
proposed
conditional
use
permit
by
Council
Resolution
90-16
3. The
Final
Subsequent
EIR
concluded
that
the
project
would
result
in
unmitigated
impacts
that
would
warrant
overriding
considerations
in
the
event
of
Council
approval.
Statement
of
Overriding
Considerations
rt
was
further
found
and
determined
pursuant
to
Sections
15092
and
15093
of
the
state
CEQA
Guidelines
that
the
impacts
on
landform/aesthetics
and
biology
are
partially
mitigated
and
that
the
remaining
significant
impacts
on
landform/aesthetics
and
biology
are
acceptable
due
to
overriding
considerations,
in
that
the
benefits
of
the
project
outweigh
the
remaining
impacts.
The
facts
supporting
this
finding
are
as
follows:
1. 2.
The
project
implements
the
South
Poway
Planned
Community
which
preserves
the
existing
extractive
operation
and
contains
provisions
for
expanding
the
extractive
area
and
continuing
the
extractive
activity.
The
project
will
implement
an
environmentally
sensitive
reclamation
plan
that
will
prepare
the
site
for
ultimate
ATTACHMENT
C
April 4, 2023, Item #7
15 of28
Resolution
No.
P-91-48R
Page
2 open
space
and
light
industrial
land
uses
consistent
with
the
South
Poway
Planned
Community.
3. The
project
will
construct
an
on-site
access
road
which
will
divert
project-related
traffic
away
from
Beeler
canyon
Road
and
the
adjacent
residential
neighborhood.
4. The
project
provides
beneficial
use
of
the
underlying
regionally
significant
MRZ-2
aggregate
resource.
Aggregate
is
an
important
resource
to
the
community
and
region
used
in
construction.
In
1984,
the
City
Council
recognized
the
need
to
designate
areas
for
construction
aggregate
to
service
future
development
in
northern
San
Diego
County
over
the
next
50 years.
s.
Allowing
the
continued
extraction
of
aggregate
at
the
CalMat-Poway
site
would
reduce
regional
impacts
to
air
quality,
energy,
traffic,
utilities,
and
economics,
resulting
from
the
increased
travel
distance
and
cost
should
an
alternate
site
be
selected.
6. The
project
implements
partial
mitigation
of
the
impact
on
a
regionally
significant
mineral
resource
(aggregate)
by
the
development
of
the
South
Poway
Industrial
Park.
7. The
project
will
maintain
and
generate
long-term
employment
opportunities
within
the
City
of
Poway.
8. The
project
will
generate
fees,
taxes
and
other
recurring
revenues
which
will
exceed
the
cost
of
the
City
providing
services
to
the
project.
Section
2:
Findings:
The
City
Council
makes
the
following
findings
in
regard
to
Conditional
Use
Permit
89-05.
1. That
the
location,
size,
design,
and
operating
characteristics
of
the
proposed
use
will
be
conditioned
to
be
compatible
with
and
will
not
adversely
affect
or
be
materially
detrimental
to
adjacent
uses,
residents,
buildings,
structures,
or
natural
resources,
in
that
the
conditions
of
approval
and
mitigation
monitoring
program
will
insure
compatibility
with
the
neighboring
property
owners.
The
conditional
use
permit
implements
the
South
Poway
Planned
Community
which
designates
the
site
as
an
ongoing
extract!
ve
operation
with
the
potential
for
expansion.
The
ultimate
land
uses
are
designated
as
Open
Space
for
the
lower
elevations
of
the
site
and
Light
Industrial
for
the
upper
elevations
within
the
South
Poway
Industrial
Park.
April 4, 2023, Item #7
16 of
28 Resolution
No.
P-91-48R
Page
3 2.
That
the
harmony
and
scale,
bulk,
coverage,
and
density
is
consistent
with
adjacent
uses
in
that
the
property
represents
3.3 to
6.6 percent
(83
to
166
acres)
of
the
2,500
acre
planned
community
[which
is
designated
as
having
regionally-significant
mineral
resources].
Existing
landform
and
canyon
floor
vegetation
shield
most
of
the
CalMat
facility
from
surrounding
properties
other
than
the
secluded
General
Dynamics
facility
to
the
south.
3. That
there
are
adequate
public
facilities,
services,
and
utilities
available
to
the
aggregate
operation.
Water
conservation
measures
will
be
incorporated
and
reclaimed
water
utilized
once
it
becomes
available.
4. That
there
will
not
be
a
harmful
effect
upon
desirable
neighborhood
characteristics,
in
that
the
hours
and
mode
of
operation
for
the
aggregate
facilities
are
conditioned
to
minimize
nuisances
to
the
surrounding
neighborhood.
Reclamation
including
revegetation
of
reclaimed
slopes
is
proposed
to
minimize
visual
impacts
of
the
extractive
process.
s.
That
the
generation
of
traffic
will
not
adversely
impact
the
surrounding
roads
and/or
the
City's
Circulation
Element,
in
that
the
construction
of
the
private
access
road
will
commence
within
60 days
of
CUP
approval
and
any
other
needed
City
approvals,
and
that
the
road
will
be
completed
and
in
service
no
later
than
60 days
after
commencement
of
construction,
after
which
time
all
truck
and
employee
traffic
will
be
diverted
from
Beeler
canyon
Road
and
Creek
Road.
Improvement
and
repair
of
Creek
Road
between
the
northwest
end
of
Beeler
Canyon
Road
and
Pomerado
Road
is
also
required.
6. That
the
site
is
suitable
for
the
type
and
intensity
of
use
for
development
which
is
proposed,
in
that
it
has
operated
as
an
aggregate
operation
for
the
past
15 years,
it
was
a
recognized
aggregate
operation
as
part
of
the
specific
plan
adopted
in
1985
and
conditions
of
approval/mitigation
measures
assure
that
the
intensity
of
use
is
reasonably
compatible
with
neighboring
property
uses.
7. That
there
will
not
be
significant
harmful
effects
upon
environmental
quality
and
natural
resources,
in
that
the
continued
aggregate
operation
would
make
use
of
natural
resources
for
construction
products
and
maintenance
of
existing
public
and
private
facilities;
the
environmental
effects
were
extensively
reviewed
in
the
subsequent
EIR
April 4, 2023, Item #7
17 of
28 Resolution
No
·.
P-91-48R
Page
4 and
only
two
factors
were
found
to
be
unmitigable,
namely
aesthetics/landform
alteration
and
biological
impacts.
8. That
there
are
no
other
relevant
negative
impacts
of
the
proposed
use
that
cannot
be
mitigated
beyond
the
two
previously
mentioned,
as
identified
and
discussed
in
the
Final
Subsequent
Environmental
Impact
Report
for
the
subject
project,
which
was
reviewed
and
considered
by
the
City
Council
and
was
certified
as
complete
and
adequate
for
the
proposed
conditional
use
permit
by
Council
Resolution
No.
90-163,
and
that
the
use
of
the
property
for
an
aggregate
operation
is
an
appropriate
use
in
that
the
property
was
designated
in
1982
by
the
California
Department
of
conservation,
State
Mining
and
Geology
Board,
as
an
area
of
regionally
significant
resource,
aggregate,
and
is
designated
in
the
South
Poway
Planned
Community
as
an
area
of
resource
recovery
(extraction).
9. That
the
proposed
use
will
not
adversely
affect
the
City
of
Poway
General
Plan
nor
the
South
Poway
Specific
Plan
for
future
as
well
as
present
development,
in
that
the
specific
plan
addressed
the
existence
of
the
aggregate
operation
in
1985
and
anticipated
continued
operation
and
potential
expansion
subject
to
a
reclamation
plan
and
conditional
use
permit.
10. This
approval
does
not
include
the
proposed
asphal
tic
concrete
plant.
Any
amendment
of
this
CUP
must
comply
with
the
South
Poway
Specific
Plan
as
it
may
be
amended
from
time
to
time.
Approval
of
any
amendment
of
this
CUP
shall
be
at
the
discretion
of
the
City
Council.
11. The
approval
of
this
conditional
use
permit
satisfies
the
mitigation
measures
of
the
1985
EIR
for
the
South
Poway
Planned
Community.
Section
3:
City
Council
Decision:
The
City
Council
hereby
approves
Conditional
Use
Permit
89-05,
excluding
the
proposed
asphalt
concrete
plant,
for
166
acres
which
includes
an
83 acre
parcel
(APN
320-031-03),
a
66 acre
parcel
(APN
320-031-04)
and
a
17 acre
parcel
(APN
320-031-06),
subject
to
the
following
conditions:
1 .
Within
3 O
days
of
approval:
( 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
on
Real
Property.
The
revision
to
finding
#10
shall
apply
to
the
Letter
of
Understanding
of
conditions
and
the
Covenant
on
Real
Property.
April 4, 2023, Item #7
Resolution
No.
P-91-48R
Page
5 2.
This
approval
is
for
the
proposal
submitted
by
CalMat
and
described
in
the
Subsequent
EIR,
except
without
an
asphalt
concrete
plant,
which
would
allow
continued
operation
within
the
existing
boundaries
of
the
83 acre
site
(APN
320-031-03),
expansion
to
the
66 acre
parcel
(APN
320-031-04)
and
construction
of
a
portion
of
the
access
road
on
the
17 acre
parcel
to
the
west
(APN
320-031-06).
3. The
capacity
of
the
sand
and
gravel
plant
is
to
be
limited
in
size
to
a
nominal
processing
capacity
of
775,000
tons
per
year.
Monitoring
of
the
production
rate
shall
occur
to
the
satisfaction
of
the
Director
of
Engineering
Services.
4. The
term
of
the
permit
is
to
be
40 years.
5. All
structures
and
use
of
the
premises
shall
be
in
conformance
with
a
revised
site
plan
to
be
submitted
within
90 days.
6. Applicant
shall
pay,
at
the
time
of
the
development
of
its
industrial
lots,
pro
rata
share
of
$67,463.20,
adjusted
per
annum
based
upon
Engineering
News
Record
Index,
toward
the
development
of
a
five
acre
park
in
the
South
Poway
Planned
Community.
7. Obtain
building
permits,
as
appropriately
required,
from
the
City
of
Poway
and
comply
with
the
regulations
of
the
Industrial
Safety
Division
of
the
Occupational
Safety
and
Health
Administration
for
new
or
used
plant
facilities
installed
on
the
site.
a.
Submit
payment(s)
for
consultant
costs
within
two
weeks
of
receipt
of
written
requests
with
invoices.
APPLICANT
SHALL
CONTACT
THE
DEPARTMENT
OF
PLANNING
SERVICES
REGARDING
COMPLIANCE
WITH
THE
FOLLOWING
CONDITIONS:
BIOLOGY 1.
Conduct
salvage
operations
for
San
Diego
Barrel
Cactus
specimens
identified
by
the
springtime
biological
survey
and
transplant
onto
adjacent
open
space
or
other
suitable
locations
within
the
open
space
areas
of
the
South
Poway
Specific
Plan.
Transplant
some
cactus
specimens
to
the
future
reclaimed
slopes
as
deemed
appropriate
by
the
project
biologist
in
consultation
with
CalMat.
2. Protect
the
riparian
scrub
habitat
located
within
the
Beeler
Creek
floodplain
(as
identified
in
Appendix
C
of
the
Technical
18 of
28 April 4, 2023, Item #7
Resolution
No.
P-9l-48R
Page
6 Appendices
to
the
certified
Subsequent
EIR]
from
operational
encroachment
by
placement
of
a
five-strand
barbed
wire
fence
or
suitable
alternative
in
that
0.2 acre
area.
Designate
an
open
space
easement
over
this
habitat
with
wording
to
be
approved
by
the
Director
of
Planning
Services
and
the
City
Attorney.
If
appropriate,
submit
a
mitigation
contingency
plan
within
one
year
to
address
any
inadvertent
disturbance
of
the
habitat.
3. Submit
a
Diegan
Coastal
Sage
Scrub
habitat
restoration
plan
within
one
year.
Long-term
biological
monitoring
is
required
per
the
Subsequent
EIR,
including
the
preparation
of
status
reports
to
be
reviewed
by
the
City
on
an
annual
basis
for
a
minimum
of
20 years
and
potential
extensions
at
each
five
year
review
period.
The
plan
is
to
be
prepared
by
a
qualified
biologist
working
with
a
revegetation
specialist
or
certified
landscape
architect.
4. Develop
and
submit
within
one
year,
a
habitat
restoration
and/or
enhancement
contingency
program
for
on-site
target
areas
suitable
for
the
restoration
of
Southern
California
grassland.
5. Maintain
3. 8
acres
of
viable
Southern
California
Grassland
and
43,1
acres
of
Diegan
Coastal
Sage
Scrub
on-site
at
all
times
during
the
life
of
the
use
permit.
MITIGATION
MONITORING
Site
shall
be
developed
in
compliance
with
the
applicable
environmental
impact
mitigation
measures
identified
and
the
mitigation
monitoring
and
reporting
program
contained
within
the
Certified
Final
subsequent
Environmental
Impact
Report
(CalMat-Poway
-
State
Clearinghouse
No.
89010025)
on
file
in
the
Planning
Services
Department.
Any
additional
costs
for
monitoring
to
be
borne
by
the
applicant
shall
be
reviewed
by
the
applicant
prior
to
any
authorization
to
perform
services
or
works
associated
with
such
costs.
RECLAMATION
PLAN
Commence
implementation
of
the
reclamation
plan
approved
on
August
7,
1990
in
accordance
with
the
conditions
of
Resolution
90-164
as
amended
by
Resolution
No.
91-078
approved
on
July
23,
1991.
NOISE 1.
Submit
a
detailed
acoustical
report
to
determine
the
dimensions
of
the
acoustical
barrier
for
the
private
access
road.
19 of
28 April 4, 2023, Item #7
Resolution
No.
P-91-48R
Page
7 2.
Turn
off
back-up
alarms
on
loaders,
dozers,
water
trucks
and
other
mobile
plant
equipment
during
official
hours
of
local
sunset
and
sunrise
hours
and
replace
with
flashing
strobes.
3. Maximize
the
use
of
storage
and
surge
piles
to
shield
noisy
equipment
(e.g.,
secondary
crushers
and
vibrating
screen).
4. All
operations
conducted
on
the
premises,
including
the
warming
up,
arrival,
and
departure
of
trucks
and
other
vehicular
equipment,
shall
be
limited
to
the
period
between
6:00
a.m.
and
6:00
p.m.,
Monday
through
Friday,
8:00
a.m.
and
6:00
p.m.
on
Saturday,
and
no
operations
shall
be
conducted
on
the
premises
on
Sundays.
The
hours
of
operation
are
suspended
for
emergency
situations
or
in
response
to
the
needs
of
governmental
agencies.
Maintenance
activities
may
continue
until
9:00
p.m.
on
designated
work
days.
s.
A
paging
system
or
approved
alternative
shall
be
used
so
as
not
to
produce
sounds
audible
beyond
the
boundaries
of
the
premises.
AIR
QUALITY
l.
Obtain
a
San
Diego
Air
Pollution
Control
District
Permit
(APCD)
for
authority
to
construct
and
an
APCD
permit
to
operate.
2. The
APCD
shall
monitor
emissions
on
an
annual
or
more
frequent
basis
to
ensure
that
the
plant
operates
as
designed.
3. Wet
sweeping
shall
be
done
on
the
private
access
road,
as
required,
in
order
to
remove
the
accumulation
of
spilled
materials
from
the
pavement.
Reclaimed
water
shall
be
used
for
wet
sweeping
once
available.
4. Frequent
watering
of
on-site
haul
routes
is
required
to
limit
dust
emissions
from
equipment
moving
on
unpaved,
in-plant
surfaces
in
accordance
with
APCD
requirements.
5. Plant
fast-growing
shrubs
and
trees
along
the
west
side
of
the
private
access
road
to
act
as
a
windbreak,
confining
dust
and
particulate
matter
to
within
the
site.
6. Equipment
to
be
used
shall
be
as
required
by
the
Air
Pollution
Control
District.
7. All
equipment
and
vehicular
parking
areas
and
roads
shall
be
periodically
treated,
and
at
all
times
be
maintained,
so
as
to
prevent
dust
production
to
the
satisfaction
of
the
Air
20 of
28 April 4, 2023, Item #7
Pollution Control Officer.
Resolution No. P-91-48R
8. Immediately prior to removal from the premises, all aggregate materials capable of generating dust shall be surface watered in a manner approved by the Air Pollution Control Officer.
9. All dust or other air pollution emissions at the screens, at material transfer points, or at any equipment, during any phase of the operation, shall be controlled by water sprays, or by such other or additional methods as may be required by the Air Pollution Control Officer to control any excessive dust or air pollutant production which, in the opinion of the Air Pollution Control Officer, may develop or has developed.
LANDSCAPING
1. Submit a detailed landscaping plan to the Director of Planning Services within one year showing the landscaping screen along the north and south property lines except at access openings and along the south one-half of both east and west property lines. The plan should also show the option of planting trees on the west side of the noise barrier to be constructed along the access road.
2. Landscaping shall be installed in accordance with an approved plan and landscaped areas shall be provided with an irrigation system (capable of conversion to reclaimed water) installed to provide water necessary to maintain the landscape screen.
3. All landscaped areas shall be maintained in a heal thy and thriving condition at all times.
WATER AND WATER QUALITY
1. Provide copies to the Planning Services Department of the permit renewals for waste discharge requirements from the state Regional water Quality Control Board.
2. No plumbing or other installation shall be made that could cause pollution of the potable water supply due to an open or cross connection or due to back siphonage.
3. Removal of emergent vegetation within the water-holding basins shall occur on an annual basis. Removal of vegetation within the Beeler Creek channel is limited to maintenance for flood control as approved by the Departments of Engineering and Planning Services.
4. Provide water conservation offset per Ordinance 336, as amended, in the event a larger water meter is necessary. 21 of 28
April 4, 2023, Item #7
VISUAL
Resolution No. P-91-48R
1. Non-operating equipment, vehicles, junk, or other refuse shall not be stored or allowed to exist on the premises.
2. All light fixtures shall be so designed and adjusted as to reflect light downward, away from any road or street and away from any other premises.
REVIEW PERIODS AND COMPLIANCE
1. Annual review of the conditional use permit and reclamation plan shall be conducted per Sections 17.48.140 and 16.51.090 of the Municipal Code in addition to mitigation monitoring and reporting.
2. This permit is subject to five year reviews for compliance with prior conditions and to add new conditions as necessary to ensure compliance with changes in state, Federal, or local laws.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
ROADS AND TRAFFIC
1. Improve and repair Creek Road from Beeler Canyon Road to Pomerado Road to a minimum paved width of 24 feet to the satisfaction of the City Engineer.
2. The applicant shall verify that Beeler Canyon Road was graded to 28 feet with adequate base to the satisfaction of the City Engineer.
3. The heavy truck traffic on Beeler Canyon Road and Creek Road is limited to 310 trips per day until the access road to Kirkham way is completed.
4. Commence construction of the private access road from the plant site to the northerly property line within 60 days of CUP approval and any other needed City approvals. The road is to be completed and in service no later than 60 days after commencement of construction.
5. Truck traffic is limited to 730 trips per day averaged over a monthly period for working days. Periodic •no-notice• truck counts will be conducted by the City. In addition, CalMat shall maintain truck trip logs of the number and types of trucks entering and leaving the site with copies provided to the Engineering Services Department upon request.
22 of28
April 4, 2023, Item #7
Resolution
No.
P-91-48R
Page
10 6.
All
truck
and
employee
traffic
shall
utilize
the
Kirkham
Way
entrance
upon
completion
of
the
new
access
road.
7. The
on-site
access
road
shall
be
well
maintained
at
all
times
to
meet
Industrial
Mine
Safety
and
Heal
th
Administration
(IMSHA)
requirements.
8. Construction
of
industrial
buildings
is
prohibited
on
the
future
industrial
lots
to
be
created
by
the
reclamation
activity
along
the
northerly
line
until
mining
and
processing
activities
on
the
project
site
have
been
completed,
or
CalMat
terminates
operations
under
the
permit.
Any
change
from
this
condition
would
have
to
be
specifically
approved
by
the
City
Council.
9. CalMat
shall
not
utilize
tonnage
capacity
in
excess
of
350,000
tons
per
year
until
the
completion
of
the
westerly
extension
of
the
South
Poway
Expressway
to
I-15.
FLOODWAY 1.
Future
modifications
to
the
Beeler
Creek
floodway
shall
be
in
accordance
with
the
September
1987
report
of
Dr.
Howard
Chang
which
contained
water
surface
profile
calculations
to
determine
the
floodway,
100
year
flood
levels,
velocities,
and
effect
on
neighboring
properties.
All
permanent
structures
are
to
be
constructed
above
the
100-year
flood
level.
2. The
City
of
Poway
will
vacate
the
existing
flowage
easements
in
favor
of
a
new
flowage
easement
to
be
dedicated
by
CalMat.
New
flow
age
easement
is
to
be
defined
in
accordance
with
requirement
set
forth
in
Condition
No.
1 directly
preceding
this
condition.
3. Settling
ponds
shall
be
in
conformance
with
the
approved
plot
plan.
4. If
necessary,
obtain
a
streambed
alteration
permit
from
the
California
Department
of
Fish
and
Game
before
any
work
within
the
Beeler
Creek
channel.
Coordinate
this
permit
process
with
the
Departments
of
Engineering
and
Planning
Services.
s.
If
necessary,
obtain
a
Section
404
permit
from
the
Army
Corps
of
Engineers
for
any
work
that
would
affect
wetlands
within
or
near
Beeler
Creek.
Coordinate
this
permit
process
with
the
Departments
of
Engineering
and
Planning
Services.
23 of
28 April 4, 2023, Item #7
WATER SUPPLY AND SEWAGE DISPOSAL
Resolution No. P-91-48R
1. water supply to be provided by the City of Poway. Reclaimed water is to be used for wet aggregate processing and dust control once available.
2. Provide and/or maintain adequate supply of water approved by the Air Pollution Control Officer and the City of Poway to meet the dust and air pollution control requirements.
3. Provide and/or maintain facilities on the premises which are approved by the Health Officer of the County of San Diego as follows:
Proper sanitary facilities including toilet, handwashing, and sewage disposal facilities for employees working on the premises. These facilities shall be installed in conformance with the applicable laws.
GRADING AND STOCKPILING
1. Obtain a grading permit from the Engineering Services Department pursuant to Chapter 16.44 of the Municipal Code prior to construction of the private access road, where permanent near Kirkham Way (100 feet from centerline), and floodway improvements.
2. Top of excavation shall be no closer than 50 feet to the edge of the exterior property lines as shown on the approved site plan.
3. There shall be no blasting, and no storage or use of explosives, on the premises without a blasting permit issued by the City of Poway.
4. No slope shall be established having a grade steeper than 2:1 except that temporary vertical cuts in increments of 100 feet are permitted.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Dedicate and improve the trail connection along the north side of Beeler canyon Road per the Master Plan of Trails.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. A five strand, five foot high barbed wire fence shall be maintained surrounding the plant site and active extraction area, with the Kirkham way access road provided with a
24 of 28
April 4, 2023, Item #7
Resolution
No.
P-91-48R
Page
12 lockable
gate
or
alternative
suitable
to
the
Director
of
Safety
Services.
2. The
Beeler
Canyon
Road
access
shall
be
secured
by
lockable
gate
or
alternative
suitable
to
the
Director
of
Safety
Services
upon
completion
of
the
private
access
road
from
Kirkham
Way.
3. Submit
a
business
plan
including
a
spill
prevention
control
and
countermeasure
plan
to
the
County
Health
Department
for
fuels
and
other
hazardous
materials
kept
on
the
site.
4. The
addition
of
a
temporary
on-site
water
storage
tank
is
required
until
a
water
line
of
sufficient
size
is
available
to
provide
adequate
flow
for
a
fire
hydrant.
The
location
and
size
of
the
water
storage
tank
and
future
hydrant
shall
be
determined
by
the
City
Fire
Marshal.
APPROVED
and
ADOPTED
by
the
City
Council
of
the
City
of
Poway,
state
of
California,
this
20th
day
of
August,
1991.
ATTEST:
Clerk
25 of
28 April 4, 2023, Item #7
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
Resolution No. P-91-48R
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-91-48R , was duly adopted by the City Council at a meeting of said City Council held on the 20th day of __ August , 1991, and that it was so adopted by the following vote:
26 of 28
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
. wahlsten, City Clerk
way
April 4, 2023, Item #7
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27 of
28 'iZ
FJOWAY
PLANT
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~Ill
RECLAMATION
PLAN
FINAL
LAND
FORM
CALMAT
CO.
P.O.
BOX
3098
SAN
DIEGO,
CALIFORNIA
92103
ENGINEERS NAME:
BEMENT
DAINWOOD
STURGEON
6859
FEDERAL
BOULEVARD
LEMON
GROVE,
CA
92045
ATTACHMENT
D
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'NT
J-ll-88
A~ENT N
'Mfi,
ROBERT
IMLER
CALMAT
CO.
AOOREss:
P.O.
BOX
579
POWAY
,
CA
.
92064
11.12,
'J'.IR
April 4, 2023, Item #7
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April 4, 2023, Item #8
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
April 4, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /M
Austin Silva, Senior Planner AS
858-668-4658 or [email protected]
CITY COUNCIL
Development Review 22-0004; a request for approval of the siting and design of 10 single-family dwelling units, a gate on a private street at the terminus of Larchmont Street and making the determination that the project is within the scope of the Mitigated Negative Declaration, which was approved in conjunction with the approval Tentative Tract Map 16-001 on March 20, 2018 The applicant is requesting approval a Development Review (DR) for the siting and design of 10 single family dwelling units and a gate on a private street at the terminus of Larchmont Street within the Rural Residential A and C zones.
Recommended Action:
It is recommended the City Council take public input and adopt the Resolution (Attachment A) approving DR22-0004 for the siting and design of 1 O single-family dwelling units, a gate on a private street and making the determination the project is within the scope of the Mitigated Negative Declaration, which was approved in conjunction with the approval of Tentative Tract Map 16-001 on March 20, 2018.
Discussion:
The applicant is New Pointe Communities, and the property owner is New Pointe Investment 43, LLC.
The applicant is requesting approval of a Development Review (DR) for the siting and design of 1 O single-family residences and a gate on a private street at the terminus of Larchmont Street within the Rural Residential A (RR-A) and Rural Residential C (RR-C) zones as shown on Attachment B.
On March 20, 2018, TTM16-001 was approved for the subdivision of 80 acres into 10 residential lots ranging in size from one to seven acres, a separate lot for a stormwater treatment facility and a 40- acre habitat conservation parcel. On August 16, 2022, the Final Map was approved for the subdivision.
The subdivision was approved utilizing "lot-averaging" with the building pads located on the western portion of the site, resulting in approximately 59 acres of the 80-acre project site preserved as open space. Lot averaging generally involves the clustering of homes on smaller lots, with no overall increase in allowable unit density, so larger areas of open space can be preserved. The property 1 of26
April 4, 2023, Item #8
contains approximately nine acres of the western portion that is in the RR-C zone and the remaining 71 acres are in the RR-A zone.
For subdivision tract developments, the Poway Municipal Code requires at least three different floor plans and three different fa~ade treatments for each floor plan. The three floor plans range in size from 3,501 square feet to 3,991 square feet (Attachment C). The homes feature a contemporary farmhouse architecture style by incorporating board and batten siding, shiplap siding, stucco, stone and brick veneer, outlookers, dormers, varied garage door types, varied front door types, awnings with standing seam metal roofs, pitched roofs for the main roof structure with asphalt composition shingles. The variation in the fa~ade treatments is demonstrated in the colored renderings (Attachment D). The proposed homes are consistent with development standards for their respective zones, including setbacks, lot coverage, and building height.
Also included as part of this DR request, is a proposed automatic entry gate that will be located on a newly constructed private portion of Larchmont Street. The gate will have two stone veneer pilasters on each side of the street that are six feet-six inches tall. The gate will be a black steel picket style. The details of the gate are shown on Attachment E.
Environmental Review:
Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, a subsequent environmental document, or any additional environmental review or notice, is not required since the project is within the scope of the Mitigated Negative Declaration, which was approved in conjunction with the approval Tentative Parcel Map 16-001 on March 20, 2018.
Fiscal Impact:
None.
Public Notification:
A public notice was mailed to property owners located within 500 feet of the project site.
Attachments:
A. Resolution
B. Zoning and Location Map
C. Floor Plans
D. Colored Renderings
E. Gate Details
Reviewed/Approved By:
Wend~ aserman
Assistant City Manager
2 of 26
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
April 4, 2023, Item #8
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
22-0004, ALLOWING FOR THE SITING AND DESIGN OF 10
SINGLE-FAMILY DWELLING UNITS AND A GATE ON A PRIVATE
STREET (ASSESSOR PARCEL NUMBER 314-370-05)
WHEREAS, the City Council considered Development Review (DR) 22-0004; a request for approval for the siting and design of 10 single-family homes and a gate on a private street located at the terminus of Larchmont Street in the Rural Residential A (RR-A) and Rural Residential C (RR-C) zones
WHEREAS, on April 4, 2023, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, a subsequent environmental document, or any additional environmental review or notice, is not required since the project is within the scope of the Mitigated Negative Declaration, which was approved in conjunction with the approval Tentative Parcel Map 16-001 on March 20, 2018.
SECTION 2: The findings for DR22-0004, in accordance with the Poway Municipal Code (PMC) 17.52.010 Purpose of Development Review, are made as follows:
A. The project has been designed to be architecturally compatible with surrounding development by utilizing materials commonly found in surrounding neighborhoods such as stucco, siding and brick or stone veneers. Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City.
B. The project has been designed to minimize impacts on surrounding development by providing three fa~ade treatments per floor plan and adhering to the development standards for the RR-A and RR-C zones. Therefore, the proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the City.
C. The granting of the DR would not be materially detrimental to the public health, safety or welfare within the community since the proposed development will complete improvements necessary for the subdivision. Further, the 10 homes comply with the development standards for the RR-A and RR-C zones.
D. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan. The homes feature a contemporary farmhouse architecture style by incorporating board and batten siding, shiplap siding, stucco, stone and brick veneer, 3 of26 ATTACHMENT A
April 4, 2023, Item #8
Resolution
No.
23-
Page
2 outlookers,
dormers,
varied
garage
door
types,
varied
front
door
types,
awnings
with
standing
seam
metal
roofs,
pitched
roofs
for
the
main
roof
structure
with
asphalt
composition
shingles.
SECTION
3:
The
findings,
in
accordance
with
Government
Code
Section
66020
for
the
public improvements
needed
as
a
result
of
the
proposed
development
to
protect
the
public
health,
safety
and
welfare,
are
made
as
follows:
A.
The
design
and
improvements
of
the
proposed
development
are
consistent
with
all
elements
of
the
Poway
General
Plan,
as
well
as
City
Ordinances,
because
all
necessary
facilities
will
be
available
to
serve
this
project.
8. The
construction
of
public
improvements
is
needed
as
a
result
of
the
proposed
development
to
protect
the
public
health,
safety
and
welfare
as
identified
below:
1. Water
and
sewer
lines;
2. Onsite
fire
hydrants;
3. Onsite
drainage
improvements;
4. Public
recreation
trails
through
the
site.
C.
In
accordance
with
the
Poway
General
Plan,
the
project
requires
the
payment
of
development
impact
fees,
which
are
assessed
on
a
pro-rata
basis
to
finance
public
infrastructure
improvements,
which
promote
a
safe
and
healthy
environment for
the
residents
of
the
City.
SECTION
4:
The
City
Council
hereby
approves
DR22-0004,
as
shown
on
the
approved
plans
incorporated
herein
by
reference
and
stamped
as
"Exhibit
A"
dated
April
4,
2023
(Exhibit
A
hereinafter)
on
file
with
the
Development
Services
Department,
except
as
noted
herein
and
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
reasonable
attorney's
fees,
collectively
the
"Claims"
against
the
City
or
its
agents,
officers,
or
employees,
relating
to
the
issuance
of
any
aspect
of
the
project
approval
set
forth
in
this
resolution,
including,
but
not
limited
to,
any
action
to
attack,
set
aside,
void,
challenge,
or
annul
this
development
approval
(including
but
not
limited
to
DR22-0004)
and
any
environmental
document or
decision
made
pursuant
to
CEQA.
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.
Notwithstanding
the
foregoing,
no
indemnity
shall
be
required
for
claims
resulting
from
the
exclusive
gross
negligence
or
willful
misconduct
of
the
City
.
8. This
approval
is
based
on
the
existing
site
conditions
and
proposed
project
details
represented
on
the
approved
plans
stamped
"Exhibit
A"
and
on
file
at
the
Development
Services
Department.
If actual
conditions
and
details
vary
from
representations
on
Exhibit
A,
the
approved
plans
must
be
changed
to
reflect
the
existing site
conditions
and
proposed
project
details
.
Any
substantial
changes
to
the
approved
plans
must
be
approved
by
the
4 of
26 April 4, 2023, Item #8
Resolution No. 23-
Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans. This matter does not include the residential housing design or development review of any of the residential lots, which would be subject to a subsequent minor development review or development review permit approval.
C. Prior to issuance of any permit, the applicant shall (1) 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 notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site.
D. The conditions for the project shall remain in effect for the life of the subject property and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner.
E. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. A Construction Noise Management Plan (CNMP) shall be prepared and submitted to the City of Poway Planning Division for its review and approval. Prior to the issuance of a Building Permit, construction plans shall also include a note indicating compliance with the CNMP is required. The CNMP shall be prepared or reviewed by a qualified acoustician (retained at the project applicant/owner or construction contractor's expense).
F. The height of the homes on Lot 9 and Lot 10 shall be limited to 28 feet.
G. Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with:
5 of 26
(Engineering)
1. The Public Improvement plan shall be approved, and the applicant shall enter into a Standard Agreement for Public Improvements. The applicant will be responsible for posting securities for public improvements.
2. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading of lots shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City.
3. 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.
4. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following:
a. Three copies of certification of line and grade for the lot, prepared by the engineer April 4, 2023, Item #8
of
work
.
Resolution
No
. 23-
Page
4 b.
Three
copies
of
a
soil
compaction
report
for
the
lot,
prepared
by
the
project's
geotechnical
engineer.
The
certification
and
report
are
subject
to
review
and
approval
by
the
City.
5. 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.
6. The
applicant
shall
pay
all
applicable
development
impact
fees
in
effect
at
time
of
permit
issuance
.
(Planning) 7.
The
applicant
shall
comply
with
the
latest
adopted
Uniform
Building
Code,
National
Electric
Code
, Chapter
17.07 PMC,
and
all
other
applicable
codes
and
ordinances
in
effect
at
the
time
of
permit
issuance.
8. School
impact
fees
shall
be
paid
at
the
rate
established
at
the
time
of
Building
Permit
issuance
.
Please
contact
the
Poway
Unified
School
District
for
additional
information
at
(858)
679-2570.
9. An
Affordable
Housing
In-Lieu
Fee
of
$500
for
each
market-rate
dwelling
unit
shall
be
collected
prior
to
the
Building
Permit
issuance.
10 . The
residences
shall
be
equipped
with
low-flow
plumbing
fixtures
.
11 . Exterior
building
materials
and
finishes
shall
reflect
the
approved
elevations
(Exhibit
A)
on
file
with
the
City
and
the
conditions
of
approval,
and
shall
be
noted
on
the
building
plans,
to
the
satisfaction
of
the
Director
of
Development
Services.
12 . A
deed
covenant
regarding
the
height
limit
specified
in
Condition
of
Approval
F
shall
be
recorded
on
Lot
9 and
Lot
10 .
H.
Prior
to
Issuance
of
a
Certificate
of
Occupancy
the
applicant
is
required
to
comply
with
the
following
:
6 of
26 (Engineering) 1.
All
existing
and
proposed
utilities
or
extension
of
utilities
required
to
serve
the
project
shall
be
installed
underground
.
No
extension
of
overhead
utilities
shall
be
permitted.
2. 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.
All
new
utility
services
shall
be
placed
underground.
3. An
adequate
drainage
system
around
the
new
building
pads
capable
of
handling
and
disposing
all
surface
water
shall
be
provided
to
the
satisfaction
of
the
Engineering
Inspector
.
April 4, 2023, Item #8
Resolution No. 23-
4. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to the streets caused by construction activity from this project.
5. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy.
6. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities (i.e., at least three weeks prior to a request for occupancy is recommended). All other final reports and agreements, as outlined in Section
16.52.130 of the Grading Ordinance are to be approved
(Planning)
7. Landscape and irrigation shall be installed and maintained in accordance with the approved landscape and irrigation plans on file with the City of Poway Planning Division. All landscaping shall be maintained in a thriving condition.
8. The site shall be cleared of all construction materials, supplies, and equipment.
9. All light fixtures shall be designed, shielded and adjusted to reflect light downward, away from any road or street, and away from any adjoining premises.
I. The applicant shall comply with the following requirements to the satisfaction of the Fire Department:
7 of26
1. Lyon Estates is located within the very high fire hazard severity area and shall comply with the California Fire Code, California Building Code, and the PMC.
2. Ignition Resistant Class I construction is required as described in the California Building Code Chapter 7 A.
3. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings will be constructed. A new water main and fire hydrant shall be located within 600-feet of any residential structure following an approved route. A water analysis shall be performed to establish the adequacy of the existing water main and all necessary system design to serve the project. Costs of the water analysis shall be the responsibility of the applicant.
4. The approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on site.
5. All structures shall be accessible to Fire Department apparatus by way of access roadways/driveways with an all-weather driving surface of not less than 16 feet of unobstructed width and minimum 13'6" vertical clearance, with turning radiuses of not less than 28 feet, and capable of supporting the imposed loads of a fire apparatus at not less than 75,000 pounds.
April 4, 2023, Item #8
8 of 26
Resolution No. 23-
6. The approved fire apparatus access roadways/driveway for fire protection, either temporary or permanent shall be made available as soon as combustible material arrives on site.
7. Fire apparatus access roadways/driveways shall extend to within 150 feet of all portions of the exterior walls of all structures as measured by an approved route around the exterior of the building.
8. The gradient for a fire apparatus access roadways shall not exceed 20 percent.
Grades exceeding 15 percent shall be constructed of Portland Cement Concrete (PCC), with a deep broom finish perpendicular to the direction of travel.
9. The angle of departure and the angle of approach of a fire access roadway shall not exceed 12 percent.
10. All dead-end fire access roadways greater 150 feet in length shall be provided with approved fire apparatus turn around. A 38-foot cul-de-sac shall be provided in residential areas where the access roadway serves more than two structures.
11. Fire apparatus access roadways, permanent or temporary, shall satisfactorily pass all required tests and Inspections, and be approved by the City.
12. Approved address numbers shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway/driveway fronting the property from either direction of approach. Address numbers shall contrast with their background and meet the City of Poway standards.
The address is required at the private driveway entrance. Additional address numbers may be required where deemed necessary by the fire code official.
13. Structures located within the very high fire hazard severity area shall be setback a minimum of 30 feet from property lines and biological open space easements.
14. Single-story structures within the very high fire hazard severity area shall be setback a minimum 15-feet horizontally from top of slope to the farthest projection from a roof.
A two-story structure shall be setback a minimum of 30-feet horizontally from top of slope to the farthest projection from a roof.
15. This project shall comply with Section Four of the City of Poway Landscape and Irrigation Design Manual and PMC 15.24 as it relates to fuel management and defensible space. 100 feet of fuel management consisting of 40-feet of Zone A and 60-feet of Zone B, is required. 10 feet of vegetation fuel modification, meeting Zone B requirements, shall be maintained on both sides of the fire apparatus access roadway/driveway fronting the property when not already within a fuel modification zone. Mitigation shall be required where 100 feet of defensible space fuel modification zones cannot be achieved within the parcel boundaries. FMZ's shall not cross over parcel boundaries.
When 100 feet of fuel management cannot be achieved within the parcel boundaries the applicant shall contact the Deputy Fire Marshal at (858) 668-4471 to review your proposed mitigation options.
April 4, 2023, Item #8
Resolution No. 23-
16. All flammable vegetation within the approved fuel modification zone shall be removed prior to the arrival of combustible material on the site and shall be maintained during the duration of the project until all elements of the approved fuel modification zones are installed and approved.
17. All automatic gates across fire apparatus access roadways/driveways shall be equipped with a Knox Gate Key Switch.
18. A residential fire sprinkler system with a one-inch water meter and lateral line is required. A separate plan submittal for review and approval is required to the Poway Fire Department prepared by a licensed sprinkler contractor prior to installation. If a pressure pump is required for fire sprinkler operation, auxiliary power is required.
19. Smoke alarms shall be installed in all bedrooms and adjoining hallways. They shall be hard-wired, with battery backup, and interconnected.
20. Carbon monoxide alarms shall be installed in hallways adjoining bedrooms, and on each separate floor. The carbon monoxide alarms shall be hard-wired, with battery backup, and interconnected.
21. Each chimney used in conjunction with any fireplace shall be equipped with an approved spark arrester.
22. If liquid propane gas is used as a primary utility source, tank installation and use shall comply with California Fire Code. Reflect the tank size, location, and structure/lot line separations.
SECTION 7: The approval of DR22-0004 shall expire April 4, 2025, at 5:00 p.m., unless prior to that time a Building Permit has been issued and construction has commenced on the property unless prior to the expiration, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council.
SECTION 8: 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 4th day of April, 2023 by the following vote, to wit:
9 of 26
April 4, 2023, Item #8
AYES
:
NOES: ABSENT: DISQUALIFIED
:
ATTEST: Carrie
Gallagher,
CMC
, City
Clerk
10 of
26 Steve
Vaus,
Mayor
Resolution
No
. 23-
Page
8 April 4, 2023, Item #8
-~ -o ,:,
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·~~,-
'
11 of 26
OS-RM
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Subject Locations
City of Poway
Zoning / Location Map
Item: DR22-0004
0 250 500 1,000
Feet
ATTACHMENT B
April 4, 2023, Item #8
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April 4, 2023, Item #9
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
April 4, 2023
Honorable Mayor and Members of the City C~~~
Eric Heidemann, Director of Public Works ~
Michael Obermiller, Public Works Operations Manage~
(858) 668-4722 or [email protected]
CITY COUNCIL
Authorization to Purchase One (1) Cargo Box Truck with Associated CCTV Equipment Utilizing Sourcewell Cooperative Purchasing Program Contract #091521-NAF and Appropriation of Funds
The City's approved Fiscal Year 2022-23 Capital Replacement Equipment Fund budget includes funding to purchase one (1) cargo box truck with associated CCTV equipment (video van). The City of Poway (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 which can be utilized by member agencies, such as the City. For optimal pricing, it is recommended the purchase of this equipment be made through the ?ourcewell Cooperative Purchasing Program utilizing Contract #091521-NAF with National Auto Fleet Group. All equipment meets the City's service and specification requirements. The total estimated cost for this equipment, including upfits and sales tax is $445,639.98. A trade-in credit in the amount of $35,000.00 for the current video van will be provided, bringing the net amount required for this transaction to $410,639.98.
Recommended Action:
It is recommended the City Council adopt a resolution authorizing the purchase of a cargo box truck with associated CCTV equipment for a total net cost of $410,639.98, the appropriation of $20,639.98 from the Sewer Fund Unassigned Fund Balance and authorizing the City Manager to execute all necessary documents.
Discussion:
The City operates and maintains a fleet of over 125 street-legal vehicles and other heavy equipment for the purpose of inspecting, maintaining and operating City facilities and infrastructure. Annually, several of these vehicles and pieces of equipment must be replaced as they have exceeded their useful life or have excessive mileage. The current budget contains funding to replace one (1) video van.
1 of 14
April 4, 2023, Item #9
The
current
15-year-old
video
van
has
exceeded
its
useful
life
and
is
scheduled
for
replacement
.
It
consists
of
a truck
with
a
mounted
cargo
box
that
houses
CCTV
equipment.
The
video
van
is
utilized
by
the
Public
Works
Wastewater
Collection
Division.
The
Wastewater
Collection
Division
maintains
an
estimated
182
miles
of
sanitary
sewer
collection
pipelines
within
the
City.
The
video
van
is
used
for
sewer
mainline
inspections
to
detect
pipe
defects
and
condition
, inflow
and
infiltration
problem
areas,
and
root
penetration
.
It
is
recommended
the
video
van
be
replaced
through
the
Sourcewell
Cooperative
Purchasing
Program
utilizing
National
Auto
Fleet
Group
as
the
supplier.
The
quote
provided
includes
a $35,000
.00
credit
for
trading
in
the
current
unit.
Even
with
the
trade-in
credit,
the
quote
exceeds
the
amount
budgeted
by
$20,639.98
.
All
agreements
offered
through
the
Sourcewell
Cooperative
Purchasing
Program
have
been
awarded
via
a thorough
Request
for
Bid
(RFB)
competit
ive
solicitation
program
by
a public
agency/government
entity
(e.g.,
state,
city,
county,
public
university
or
school
district).
The
program
provides
a streamlined
and
effective
procurement
option
by
establishing
agreements
with
manufacturers
and
suppliers
currently
on
an
existing
multiple
award
schedule
with
a
competitive
procurement
procedure.
Section
3.28.110
of
the
Poway
Municipal
Code
permits
the
use
of
cooperative
purchasing
programs
for
procurement
of
supplies,
services,
and
equipment
when
the
administering
agency
has
made
their
purchase
in
a
competitive
manner.
The
summary
of
the
video
van
quote
from
Nat
ional
Auto
Fleet
Group
is
noted
in
Table
1 below
: Table
1:
Video
Van
Quote
Summary
NET
UNIT
AVAILABLE
FUNDS
QUOTE
SUBTOTAL
TRADE-IN
CREDIT
QUOTE
AMOUNT
Video
Van
(Cargo
Box
Truck
$390,000.00
$445
,639.98
$35,000
.00
$410,639
.98
with
Associated
CCTV
Equipment)
Environmental Review: This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
The
City
proactively
plans
for
the
replacement
of
its
vehicles
by
annually
setting
aside
a portion
of
the
anticipated
replacement
costs
. As
such,
partial
funding
is
available
in
the
Fiscal
Year
2022-23
Capital
Replacement
Equipment
Fund
(115010
-61040)
and
Wastewater
Collection
(403570-61040)
for
the
purchase
of
one
(1)
cargo
box
truck
with
associated
CCTV
equipment
.
The
net
fiscal
impact
of
this
action
is
$410,639
.98
. A
total
of
$390,000
.00
was
allocated
for
this
purchase.
Due
to
increased
equipment
costs,
an
appropriation
is
requested
in
the
amount
of
$20,639.98
from
the
Sewer
Fund
Unassigned
Fund
Balance
(Fund
5200)
to
account
number
403570-61040
for
this
purchase.
When
sufficient
funds
have
not
been
set
aside
through
the
City's
asset
management
replacement
charges,
the
requesting
department
funds
the
difference
. This
helps
ensure
the
financial
sustainability
of
the
replacement
fund
. Future
years'
asset
management
replacement
charges
will
be
based
on
the
new
purchase
price
and
will
begin
being
collected
next
year
. Sufficient
funds
are
available
for
this
appropriation.
2 of
14 April 4, 2023, Item #9
Public Notification:
None.
Attachments:
A. Resolution
B. Quote
Reviewed/Approved By:
Wendy '9iserman
Assistant City Manager
3 of 14
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
April 4, 2023, Item #9
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE AGREEMENT FOR THE PURCHASE
OF ONE NEW CARGO BOX TRUCK WITH ASSOCIATED CCTV
EQUIPMENT (VIDEO VAN) AND AN APPROPRIATION OF
FUNDS
WHEREAS, the City proactively plans for the replacement of its Cargo Box Truck by setting aside monies in the Capital Replacement Equipment Fund (115010-61040) and Wastewater Collection (403570-61040) each year;
WHEREAS, the cost of the Cargo Box Truck from National Auto Fleet Group through Sourcewell Cooperative Purchasing Agreement is $445,639.98, with a trade in credit to be received in the amount of $35,000.00 for the current video van, for a net cost of $410,639.98; WHEREAS, a total of $390,000 is available in the Capital Replacement Equipment Fund (115010-61040) and Wastewater Collection (403570-61040) for the purchase of one cargo box truck; which is $20,639.98 less than required due to increased equipment costs; and WHEREAS, the City ensures the financial sustainability of the Capital Replacement Fund by having the department fund the difference. ·
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The City Council authorizes the City Manager to execute a purchase agreement for the purchase of one new cargo box truck with associated CCTV equipment (video van) through the Sourcewell Cooperative Purchasing Agreement, No. 091521-NAF, for a net cost of $410,639.98.
SECTION 2: The City Council authorizes an appropriation of $20,639.98 from the Sewer Fund Unassigned Fund Balance (Fund 5200) to account number 403570-61040 for the purchase of one cargo box truck.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of April 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
4 of 14 ATTACHMENT A
April 4, 2023, Item #9
ATTEST:
Carrie Gallagher, City Clerk
s of 14
Resolution No. 22-
April 4, 2023, Item #9
03/13/23
03/13/23
Mr Terry Zaragoza
City of Poway
1445 Lake Poway Road
Poway, California, 92064
Dear Mr Terry Zaragoza,
Sell, service, and deliver letter
National Auto Fleet Group
A DJvlal-on or Ctlo-.,rolet or Wococn'A'll-la
490 Auto Center Drive, Watsonville, CA 95076
(855) 289-6572 • (831} 480-8497 Fax
Fl eetfillNati an a IA u ta Fl eetG raup. cam
Quo~ID:21790RLR2
National Auto Fleet Group is pleased to quote the following vehicle(s) Upfit and Accessories for your consideration.
One (1) New/Unused (Plumbers Depot Supplied Chassis & CCTV Upfit + Handling) and delivered to your department yard, each for
Cab/Chassis (MSRP) $43,000.00
Box/Equipment Upfit (MSRP) $382431.96
Sales Tax (7.7500 %) $32,970.98
Discount (3%) Subtotal -$12,762.96
Subtotal $445,639.98
Trade In -$35,000.00
Total $410,639.98
-per the attached specifications: Price includes Poway's trade-in value, unit due to Plumbers Depot per their specifications
This vehicle(s) Upfit is available under the Sourcewell Contract 091521-NAF. Please reference this Bid number on all purchase orders.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
Jesse Cooper
National Fleet Manager
Email: [email protected]
Office: (855) 289-6572
Fax: (831) 480-8497
6 of14
, \
NISSAN_;
\~
Quoting Department
Account Manager
[email protected]
(855) 289-6572
®
TOYOTA
ATTACHMENT B
1 of 9
April 4, 2023, Item #9
10/12/22, 11 :32 AM Sell, service, and deliver letter
Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:
Email: [email protected]
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W-9 if needed.
Learn how to track your vehicle:
Use the upfitter of your choice:
Vehicle Status:
General Inquiries:
Additional Resources
www.NAFGETA.com
www.NAFGP-artner.com
[email protected]
[email protected]
For general questions or assistance please contact our main office at:
1-855-289-6572
7 of14
https://www.nationalautofleetgroup.com/UpfitOnlyQuote/SSDPrint/21790 2 of9 April 4, 2023, Item #9
Specifications For: POWAY, CA
1 FORD E-450 GAS CUT-A-WAY 158" WB 2X4 CHASSIS
1 7.3L Gas Engine
1 6-Speed Automatic Transmission with OD
1 14,500 lb. GVWR
1 158" Wheel Base
1 Cab Air Conditioner
1 AM / FM Radio
1 14' CARGO BOX WITH WALKTHRU
1 AeroCap with Walk Thru
1 LED Light Package Includes Body Clearance and Stop/ Tail/ Turn 1 Full Width Barn Doors with CAM (Pipe) Locks on Each Door 2 Laminated Steel Lock
1 Kemlite Covering on Inside Rear Doors
1 Back Up Alarm
1 SAFE ENTRY/EXIT BUMPER INSTALLED
1 Three (3) Steps Evenly Spaced
1 Bottom Step Folds Up for Ground Clearance
1 Safety Grab Handle
1 KICKPLATE TRANSPORTER STORAGE
1 Lockable Storage Compartment for Camera and Transporter 1 Sliding Drawer
1 Notch in rear door threshold of body for TV cable to pass through to transporter storage drawer
1 KICKPLATE 2 DRAWER STACK ALUMINUM STORAGE
1 BACK-UP COLOR CAMERA SYSTEM [CHASSIS]
1 BULKHEAD WALL BETWEEN CAB AND CONTROL ROOM
1 Door
1 TV HIGH CUBE VAN EXTERIOR LIGHTING & CONTROL ROOM -EVOLUTION 3.0 TO INCLUDE:
2 Amber Title XIII Strobe Warning Beacons
2 Adjustable LED Floodlights Rear of Vehicle Area Illumination Control Room Interior:
1 Lonseal Lonplate Flooring
1 Kemlite covered walls and weather resistant/smooth finished ceiling 1 Bulkhead Wall With Passage Door From Control Room to Equipment Room 1 Tinted Viewing Window in Bulkhead Wall
1 Tinted Viewing Window in Bulkhead Door
1 Above Desk Control Console with Rack Mount for Electronic Equipment 1 Desktop / Work Area
1 12V High Intensity LED Light Fixture
1 Multi-Outlet Power Strip With USB Ports
1 Fire Extinguisher with Bracket, 1 0BC Rating
1 Operators Chair, Swivel With Casters
1 Breaker Box Storage Area with Locking Positive Latch
1 Battery Powered Carbon Monoxide Alarm
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April 4, 2023, Item #9
1 LOW PROFILE, ROOF MOUNTED AIR CONDITIONER WITH HEAT STRIP 1 A low-profile roof mounted air conditioner with heat strip shall be supplied. 1 WALL MOUNTED ELECTRIC HEATER
1 WALL MOUNTED ELECTRIC HEATER HOUSING
1 BENCH SEAT IN VIEWING ROOM
1 CUSHION FOR BENCH SEAT
1 CLOSET IN VIEWING ROOM
1 TV HI-CUBE VAN EQUIPMENT ROOM INTERIOR -EVOLUTION 3.0 TO INCLUDE:
1 Lonseal Lonplate Flooring
1 Kemlite covered walls and weather resistant/smooth finished ceiling 1 Electrical Outlet with Dual Receptacles
1 12V High Intensity LED Light Fixture
1 15 Minute Courtesy Timer Located at Rear Door Area for 12V LED Interior Lights 1 MUL Tl-OUTLET WORKSTATION WITH LIGHTS AND USB PORTS
1 20-GALLON WASHDOWN SYSTEM TO INCLUDE:
1 20-Gallon Fresh Water Tank
1 Electric Water Pump
1 Retractable Hose Reel with 25'Water Hose and Nozzle
1 UPPER AND LOWER STORAGE CABINET IN EQUIPMENT ROOM
1 Lower Storage Cabinet/ Work Top with Sink and Faucet
1 Upper Wall Mounted Storage Cabinet
1 5-DRAWER TOOL CHEST, MODULINE
1 Electrical Outlet
1 7000 WATT GAS ONAN GENERA TOR
1 120 Volt 60 HZ 7000 Watt EFI (Electronic Fuel injection) Commercial Grade Generator 1 Gasoline Powered
1 Electric Start
1 Air Cooled
1 Generator Remote Start/Stop Cable assembly
1 GENERATOR COMPARTMENT [UNDER CHASSIS MOUNT]
1 Generator Storage Compartment with Lockable External Access Door 1 Commercial Power Supply Receptacle, 25'Cord, and Plug 1 Electrical Supply Center with Circuit Breaker Box
1 Commercial power and Generator Power Connectors
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April 4, 2023, Item #9
1 Automatic Power Transfer Switch
1 SYSTEM ENGINEERING PANEL, FOR POWER INFORMATION AND GENERA TOR FUNCTIONS, RACK MOUNTED, TO INCLUDE:
1 Four Function AC Power Meter displaying Critical Power Information including:
1 Voltage
1 Hertz
1 Amperage
1 Active Power (Watts)
1 Front panel Selector Switch for two modes of operation:
1 Fixed reading
1 Continuous Auto-cycling
1 Generator Battery Meter to Display Starting and Charging Voltage 1 Generator Hour Meter
1 Generator Remote Start/Stop Control Switch
1 On/Off Switch for Emergency Warning beacons (Switch to Illuminate When On) 1 023 P& T ZOOM M/C LED CAMERA
1 Solid State Color Sewer TV Camera
1 Pan & Rotate Camera Head, 40:1 Zoom Ratio, 10x Optical Zoom, 4x Digital Zoom 1 NTSC Color Standard with 4x Light Integration
1 4 X 5W Cluster LEDs for 6" through 72" lines
1 Camera Transportation and Storage Case
1 BRASS COMP STEERABLE CAM TRANS, WHEELED -GOV
1 Steerable Unit Designed to Turn 360 Degrees Within Its Own Radius 1 Set of Driven Rubber Wheels to Inspect 6" Pipe
1 Two (2) Speed Transmission to Maximize Torque in Large Diameter Pipe with:
1 Manual Shifter on Camera Carrier
1 Unit Shall Have Forward, Free Wheel, and Power Reverse Capablities 1 All Six (6) Wheel Drive Transporter Assembly to Include:
1 Motor & Enclosed Drive Train
1 Tip Up Rear Connector
1 8" RUBBER WHEEL KIT FOR COMPACT TRANSPORTER
1 10-15" RUBBER WHEEL KIT FOR COMPACT TRANSPORTER
1 6"-15"PIPE SPACER KIT
1 **REVIEW REQUIREMENTS -RVC FOR CAMERA MAY BE REQUIRED**ELECTRIC CAMERA
LIFT FOR COMPACT TRANSPORTER
1 12"-15" PNEUMATIC TIRE KIT FOR COMPACT TRANSPORTER
1 6" STEEL 10/12 GR WHEEL KIT FOR COMPACT TRANSPORTER
1 8" STEEL 10/12 GRIT WHEEL KIT, v2
1 10-15" STEEL 10/12 GR WHEEL KIT FOR COMPACT TRANSPORTER 10 of 14
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April 4, 2023, Item #9
1 1
QUICK CABLE LOCK PIGTAIL COUPLER KIT
1500' CABLE ASSEMBLY, M/C 12PIN METAL
1 1 S00'Gold Multi Conductor Kevlar Fiber Armored Combination TV Transmission/ Tow Cable
1 1
1 .450 Diameter
Metal Splice Chamber with Pigtail
Cable Strain Relief
1 TV REEL ASSEMBLY, MECHANICAL FOOTAGE FOR SUMMIT .450 CABLE 1 Black Thermoplastic Powder Coated Frame (not available with BRAKE option) 1 Power Levelwind & Multi Ratio Manual Transmission
1 Footage Meter with Local Counter and Remote Electronic Counter 1 Transmission Control at Viewing Station
1 Local Reel Mount Electrical and Mechanical Control
1 Sealed Continuous Contact Collector Assembly
1 Removable Drip Pan for Cleaning (not available with BRAKE option) 1 AUTOMATIC PAYOUT SYSTEM FOR REEL -INSTALLED
1 PCU ASSEMBLY [RACK MOUNT]
1 CCU ASSEMBLY [RACK MOUNT]
1 Alpha Numeric Information Display, with Multi Paging and Defect Coding 1 Remote "QWERTY" Keyboard
1 On Screen Footage Display
1 WIRELESS CONTROLLER
1 Joystick Control for Pan and Tilt Zoom Camera to Include:
1 360 Degree Rotate
1 330 Degree Optical Pan
1 Joystick Control for All Steering Functions & Forward / Reverse Directions for Transporter
1 Camera Lift Control for Optional Electronic Camera Lift 1 All Other Controls for Camera to Include:
1 Camera Iris and Focus Override & Zoom
1 Camera Lights & Shutter Control for Light Enhancement 1 Camera Diagnostics & Auto Home
1 Cruise Control to Set Speed of the Transporter for Hands Off Operation 1 All Reel Controls to Include: Retrieve, Release, and Variable Speed [Excluding Dolly Systems]
1 WIRED USB CONTROLLER
1 Joystick Control for Pan and Tilt Zoom Camera to Include:
1 360 Degree Rotate
1 330 Degree Optical Pan
1 Joystick Control for All Steering Functions & Forward / Reverse Directions for Transporter
1 Camera Lift Control for Optional Electronic Camera Lift 11 of 14
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April 4, 2023, Item #9
1 All Other Controls for Camera to Include:
1 Camera Iris and Focus Override & Zoom
1 Camera Lights & Shutter Control for Light Enhancement 1 Camera Diagnostics & Auto Home
1 Cruise Control to Set Speed of the Transporter for Hands Off Operation 1 All Reel Controls to Include: Retrieve, Release, and Variable Speed [Excluding Dolly Systems]
1 8.7" MINI KEYBOARD
1 SHORTING PLUG
1 TEST CABLE
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April 4, 2023, Item #9
1 KIT,UPS,BELOW MOUNT TO INCLUDE THE FOLLOWING:
1 Input 120-Volt I Output 120-Volt
1 Cord Management Straps
1 SELF PROPELLED LATERAL INSPECTION/ EVALUATION SYSTEM, WHEELED, FOR 6" - 15" MAINLINE AND 3" -8" LATERAL INSPECTION, WITH PAN AND TILT/ ZOOM MAINLINE CAMERA, AND WIRELESS CONTROL TO INCLUDE:
1 Mainline Pan, Tilt, and Zoom Camera to Include:
1 Mainline Solid State Color Sewer TV Camera with:
1 Pan, Tilt & Rotate Camera Head
1 40: 1 Zoom Ratio, 1 Ox Optical Zoom, 4x Digital Zoom, NTSC Color Standard 1 360 Degree Range of Rotation, 270 Pan Viewing Angle, Panning 360 Degrees 1 Auto Iris, Auto Focus, Manual Override of Focus and Iris 1 Camera will also be Used for:
1 Monitoring Lateral Pan & Tilt Camera During Extend I Retract Operation 1 Light Assembly, Pan & Tilt Zoom Camera, 6" -72" lines 1 White LED Field Replaceable Lamps
1 Automatic Centering
1 Lateral Launcher, for Lateral Pan and Tilt Camera to include:
1 Self Propelled Launcher Robot with Freewheel, Forward, and Power Reverse 1 Camera Head Mounting Assembly with Rotation Positioning, Articulating Hinge 1 Push Cable Drive Assembly -Two-Speed Extend/ Retract Camera Positioning 1 Rear tip-up connector
1 Interconnect Cable for Launcher to Push Cable
1 Interconnect Cable for Control System to Power Control Unit 1 Single-point quick wheel removal system
1 6 each 3.5" diameter tires for 6" pipe
1 6 each 4.375" diameter tires for 8" pipe
1 6 each 5" diameter tires for 10"-15" pipe
1 Pneumatic Tire Kit for 12" -15" pipe
1 Rear Housing Assembly to Add Optional Rear View Color Camera 1 LAUNCHER MUST BE LATERAL PAN & TILT CAMERA READY
Lateral Reel / Control Assembly / Wireless Controller
1 Electric Reel with Slipring and Clutch for:
1 1 Powered Retrieve of Push Cable
Control System to Include Launcher/ Self Propelled Robot Control with:
1 Extend/ Retract, Left/ Right Rotation, Camera Selection 1 1
Control:
1000 ft. Video Cable with Cable End Termination
Controller with Forward, Freewheel, and Power Reverse/ Variable Speed 1 Self-Propelled Launcher Robot
1 All Launcher, Camera, and Reel Functions Shall be Controlled by the Wireless Hand Held Summit System Controller
1 Compact Mainline Video Monitor
1 SELF-LEVELING COLOR CAMERA WITH BUILT-IN SONDE KIT FOR USE WITH LAMP SYSTEM to include:
1 Self-Leveling/ Built-In Sonde Mini Camera
1 Lateral Camera Spring Assembly
1 Centering Ball
1 REAR VIEW CAMERA ASSEMBLY FOR USE WITH LAMP SYSTEM
1 Color NTSC Camera
1 Lightring with (12) Solid State White LEDs
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April 4, 2023, Item #9
1 120' PUSH CABLE FOR LATERAL INSPECTION SYSTEM
1 6" STEEL 10/12 GR WHEEL KIT FOR COMPACT TRANSPORTER
1 8" STEEL 10/12 GRIT WHEEL KIT, v2
1 10-15" STEEL 10/12 GR WHEEL KIT FOR COMPACT TRANSPORTER 1 KIT,DOWNHOLE,STD
1 Toproller Assembly, Manhole, TV Only, Al
1 Claw Hook, Manhole Adapter, f/WT319
1 Hook Assembly, Retrieval (SNGL,SHTY/LMP/PR)
6 Pole Assembly, Retrieval/ Downhole tl,58"
1 Roller Assembly, Invert fl WT319
1 MUL Tl CONDUCTOR TV ONLY TOOL KIT
1 Milliampmeter Tool
1 Electrical Tape
1 Needle Nose Pliers
1 Six-In-One Screwdriver
1 6" Adjustable Wrench
1 Anti Seize Grease
1 9-Piece Allen Wrench kit
1 Solder Iron Kit
1 Pliers
1 5/32 T-Handle Hex Wrench
1 TRAINING, ON-SITE (THREE DAYS)
1 TRUCK DELIVERY-CALIFORNIA
1 Year Warranty against manufacturer defects on Cues
equipment.
36,000 Miles or 3 year chassis warranty
60,000 miles or 5 year power train warranty
Lifetime Loaner Equipment at No Charge
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