AGENDA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 May 2, 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. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public.
Public Meeting Access I Members of the public may attend the City Council meeting in person, or watch the City Council meeting live online. 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.
Speakers I Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes.
To Watch Live:
www .poway.org/councilmeetings
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org. Sign up at https://poway.org/list.asp x to receive email notifications when City Council agendas are published online. Items listed on the agenda with a"#" symbol are in preparation.
PLEASE NOTE: Written 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 online 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.
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 Steve Vaus
Mayor
Barry Leonard
Deputy Mayor
Brian Pepin
Councilmember
Caylin Frank
Councilmember
Peter De Hoff
Councilmember
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 Council member, a member of the public, or City Manager requests that an item be removed for discussion .
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the March 7, 2023 Regular City Council Meeting Minutes
3. Appropriation of Additional Funds for the Starridge Park Pathway Extension Project and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
4. Resolution Approving a 2% Increase in the Regional Transportation Congestion Improvement Program (RTCIP) Traffic Mitigation Fee for Fiscal Year (FY) 2023-24, as required by the TransNet Ordinance
5. Resolution authorizing participation and acceptance of funds through the 2022 State Homeland Security Grant Program
6. Resolution to Adopt the 2023 Multi-Jurisdictional Hazard Mitigation Plan
7. Approval of Amendment to Employment Agreement for the City Manager ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS:
8. Variance (VAR) 20-002/Conditional Use Permit (CUP) 20-006/Minor Development Review Application (MDRA) 20-017, a request to construct and operate a wireless communication facility containing a tower feature that exceeds the maximum building height, in the Creekside Plaza shopping center located at 13573 Poway Road, in the Commercial General district of the Poway Road Specific Plan
2 of 4 Regular City Council Meeting May 2, 2023
City Manager's Recommendation: It is recommended the City Council continue the public hearing for VAR 20-002/CUP 20-006/MDRA 20-017 to a date uncertain.
STAFF REPORTS:
9. Award of Contract to Marcon Engineering, Inc., for the Lake Poway Upper Playground Renovation Project, Bid No. 23-008, Appropriation of Additional Funds and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) City Manager's Recommendation: It is recommended the City Council 1) award the contract for the Lake Poway Upper Playground Renovation project to Marcon Engineering, Inc., in the amount of $1,546,190.34 and authorize the City Manager to execute the contract; 2) appropriate additional funds in the amount of $400,000 from the Park Improvement Fund (4110-30504112) for construction of the Lake Poway Upper Playground Renovation Project (CIP #PK020); and 3) make a determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA).
10. Approval of Agreement Between the City of Poway and Convergint Technologies, LLC for the purchase and installation of an electronic security system at the Lester J. Berglund Water Treatment Plant and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
City Manager's Recommendation: It is recommended the City Council award the contract for the Water Treatment Plant Security Upgrades project to Convergint Technologies, LLC in the amount of $223,886.32 and authorize the City Manager to execute the agreement and related 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 report of any action taken in closed session) CLOSED SESSION: None
AD!OURNMENT
3 of 4 Regular City Council Meeting May 2, 2023
State of California
County of San Diego
)
) ss.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on April 25, 2023.
Said meeting to be held at 7:00 p.m., May 2, 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. 4 of 4 Regular City Council Meeting May 2, 2023
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
May 2, 2023
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk v(k--
(858) 668-4535 or cgallagher@pgway .org
CITY COUNCIL
SUBJECT: Approval of the March 7, 2023 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• March 7, 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 March 7, 2023 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A March 7, 2023 Regular City Council Meeting Minutes
Reviewed/Approved By:
w~~a~
Assistant City Manager
1 of 5
Reviewed By:
Alan Fenstermacher
City Attorney
e
City Manager
May 2, 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
March 7, 2023
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency)
CALL TO ORDER
Mayor Vaus called the Regular Meeting to order at 7:00 p.m.
ROLL CALL
Present: Brian Pepin, Peter De Hoff, Barry Leonard, Steve Vaus
Absent: Caylin Frank
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; 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; 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 5 Attachment A
May 2, 2023, Item #2
City of Poway - Minutes - March 7, 2023
PUBLIC COMMENT
Nick Carruthers spoke regarding the City's public noticing and provided suggestions to enhance noticing.
Sharlene O'Keefe, Executive Director, Poway OnStage announced March is "Arts in Education Month" and shared recent and upcoming productions. Ms. O'Keefe spoke regarding their robust Arts in Education Initiative and provided details of upcoming scheduled events.
Tony Blain spoke regarding his intention to file a ballot initiative to place local term limits on the November 2024 ballot.
CONSENT CALENDAR
Motioned by Mayor Vaus, seconded by Councilmember Pepin, to approve Consent Calendar Items 1 through 3. Motion carried 4/0/1 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Pepin, De Hoff, Leonard, Vaus
None
None
Frank
Disqualified: None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the February 7, 2023 Regular City Council Meeting Minutes
3. Approval of Consultant Agreement with Project Design Consultants (PDC) for Design Services for the Butterfield Trail Sewer Upsize project, RFP No. 23-012
ORDINANCES FOR INTRODUCTION
None.
PUBLIC HEARINGS:
None.
STAFF REPORTS:
4. Pre-Development Conference (PDC) 23-0001, a proposal to construct a 30,500 square-foot Recreational Fitness Club by Life Time including outdoor fitness uses, lit recreational courts, a restaurant and bar, alcohol sales, a day spa and small supportive retail at The Farm in Poway
Director of Development Services Bob Manis presented the item along with a PowerPoint presentation. He stated the item is presented as advisory only noting no decisions will be made nor will Council be asked to vote on this item tonight. He further indicated the applicant is seeking input on their proposed project and he noted staff will return to Council in the future seeking action from the Council if the applicant choses to proceed with the project. Mr. Manis 3 of 5
May 2, 2023, Item #2
City of Poway - Minutes - March 7, 2023
provided background on the project located within The Farm having been approved by the voters at the General Municipal Election in November 2020. He spoke regarding the project Specific Plan and detailed the land use regulations within the development, including approved building area and size, passive, and active open space uses, in addition to commercial development. He noted the Open Space Conservation (OSC) which surrounds the area and provided a summary of the approved land uses. Mr. Manis spoke regarding the completion of an updated traffic analysis and expounded on three areas of project modifications as they relate to the Specific Plan including: signage, hours of operation and screening. Site elevations were shown, as well as a brief synopsis was provided pertaining to input received and concerns noted at a neighborhood meeting.
Applicant, Chris Campbell, Senior Development Manager of Life Time Property provided project renderings which included outdoor space and interior/exterior building design. He spoke regarding plan modifications as a direct result of community outreach. In response to community input, Mr. Campbell noted the incorporation of architectural design aesthetics using natural looking materials, utilitarian forms, and composite landscaping from the approved Farm development plant palette.
Mr. Campbell then provided an overview of the projected community impact, including anticipated annual property tax revenue and the creation of new jobs. He concluded his presentation with a fly-through video of the site plan.
Public Comment:
Spoke in support :
Kevin McNamara
Sterling Miles
Melissa Chapperone (voiced support by way of speaker slip but did not speak) Spoke in opposition:
Ron Lewis
Heather Jalisi
Spoke neutrally :
Yuri Bohlen
Randy Middlebrook
Carl Rossi
Sean Park
End of Public Comment
Council discussion ensued and included items to consider such as traffic impacts, the addition of landscape screening to lessen the impact on residential neighbors including the south wall and parking lot, the use of mature trees to absorb sound, compliance with Dark Sky Ordinance for parking lot lighting height and hours of use, hours of operation for outdoor use as opposed to indoor facility use, options to incorporate local businesses, design aesthetics modifications to include an even more country feel, and concerns over changes to the size of the project from the original plan.
Council commented positively regarding the lack of impacts on the original amenities planned for the overall development, the addition of mixed uses in Poway, addition of jobs, economic 4 of 5
May 2, 2023, Item #2
City of Poway - Minutes - March 7, 2023
benefits for the City, the addition of a premier fitness facility in Poway, programming specific to children and inclusion of pickleball courts.
At the request of Mayor Vaus, City Attorney Fenstermacher explained the General Plan Amendment and Specific Plan were adopted subject to voter approval, however, the more detailed site plans are not. Mr. Fenstermacher further explained the minor modification process and standards under the Specific Plan, which unlike a formal Specific Plan amendment, can be approved by City Council action without being subject to voter approval.
City Council provided input and direction; no action was taken.
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS:
5. Appointments to the Budget Review Committee (BRC) and Parks and Recreation Advisory Committee (PRAG).
No Speakers
Motioned by Mayor Vaus, seconded by Councilmember De Hoff to appoint Jared Wilson to a one-year term expiring December 31, 2023; and Rob Polston, Andrew Cruz, and Chris Pikus to the BRC for two-year terms expiring December 31, 2024; and to appoint Phil Rath, Steven Polito, Crystal Anderson, Julia Fontana and Sabrina Butler to the PRAC for two-year terms expiring December 31, 2024. Motion carried unanimously (Frank - ABSENT).
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 8:45 p.m.
5 of 5
Carrie Gallagher, CMC
City Clerk
City of Poway, California
May 2, 2023, Item #2
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
May 2, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services./4'1
Jeff Beers, Special Projects Engineer
(858) 668-4624 or [email protected]
CITY COUNCIL
Appropriation of Additional Funds for the Starridge Park Pathway Extension Project and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
This action will appropriate additional funds in the amount of $136,000 to the Starridge Park Pathway Extension project.
Recommended Action:
It is recommended the City Council:
(1) Appropriate additional funds in the amount of $136,000 from the Capital Improvement Fund (General Fund), unassigned fund balance to the Starridge Park Pathway Extension project account (PK024); and
(2) Make a determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA).
Discussion:
The Starridge Park Pathway Extension project will extend the pathway to create a complete loop, allowing joggers, children on bicycles, parents walking with strollers, etc. to go all the way around the park instead of turning around. This would increase the usability of the park as intended. (Attachment A).
The purpose of the pathway is to allow pedestrians the ability to walk around the outside of the park without walking through areas that are uneven and not compliant with the Americans with Disabilities Act (ADA).
During the development of the project budget the quantity of concrete needed to complete the project was underestimated. The additional funds will allow the project to proceed in late 2023 and the project will take approximately three weeks to complete . The park will remain open during construction.
1 of 3
May 2, 2023, Item #3
Environmental Review:
The proposed addition of a new pathway to an existing park 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 improvements to an existing use in an existing park with no expansion of use.
Fiscal Impact:
Approval of this item will result in an appropriation of $136,000 from the Capital Improvement Fund (General Fund), unassigned fund balance to the Starridge Park Pathway Extension project account (PK024).
Public Notification:
None.
Attachments:
A. Pathway Extension Exhibit
Reviewed/Approved By:
o;J~ -~
Wend~ Kaserman
Assistant City Manager
2 of 3
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
May 2, 2023, Item #3
3 of 3
EXISTING PATHWAY/
PROPOSED NEW PATHWAY
EXTENSION --
STARRIDGE PARK
PATHWAY EXTENSION EXHIBIT
ATTACHMENT A l
NORTH
May 2, 2023, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
May 2, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /2)A
Tracy Beach, City Engineer
(858) 668-4652, tbeach@poway .org
CITY COUNCIL
Resolution Approving a 2% Increase in the Regional Transportation Congestion Improvement Program (RTCIP) Traffic Mitigation Fee for Fiscal Year (FY) 2023-24, as required by the TransNet Ordinance
On April 1, 2008, the City Council adopted the Regional Transportation Congestion Improvement Program (RTCIP) Traffic Mitigation Fee pursuant to the TransNet Ordinance. The Ordinance calls for the fee to be adjusted annually on July 1 of each year to reflect increases in construction costs. The San Diego Association of Governments (SANDAG) has informed all the cities and the County of San Diego that the increase in the RTCIP fee for FY 2023-24 is set at 2%. This will increase the City's RTCIP Traffic Mitigation Fee from $2,688.21 to $2,741.97 per new residential unit starting on July 1, 2023.
Recommended Action:
It is recommended the City Council adopt the attached Resolution (Attachment A) ordering the increase to the City's RTCIP Traffic Mitigation Fee for new residential units starting on July 1, 2023.
Discussion:
In November 2004, voters in San Diego County approved a 40-year extension to the existing TransNet program, which was first initiated in 1987. The Trans Net program was designed to fund improvements to the region's transportation system through a half-cent sales tax. In addition to the sales tax extension, the TransNet Ordinance mandates implementation of a local traffic mitigation fee to fund missing improvements on the Regional Arterial System. The local traffic mitigation fee, also known as the RTCIP Traffic Mitigation Fee, was set at $2,000 per residential dwelling unit starting on July 1, 2008.
Funds collected from this fee will be used for roadway and traffic signal improvements on Espola Road, Poway Road, Pomerado Road, Twin Peaks Road, Community Road, Ted Williams Parkway, Camino Del Norte, and Scripps Poway Parkway.
On April 1, 2008, the City Council adopted the RTCIP Traffic Mitigation Fee pursuant to the TransNet Ordinance. The TransNet Ordinance mandates that the adopted RTCIP Traffic Mitigation Fee for new 1 of7
May 2, 2023, Item #4
residential dwelling units be adjusted annually for construction cost inflation, based on the construction cost index, but requires a minimum 2% annual increase. The fee was increased by 2% on July 1 of each year from 2009 through 2014, 2.5% in 2015, 2% in 2016 and 2017, 3.3% in 2018, and 2% each year from 2019 through 2022. It is currently set at $2,688.21 per residential dwelling unit.
SAN DAG has informed all the cities and the County of San Diego (Attachment B) that the percentage increase for FY 2023-24 is set at 2%. This will increase the City's RTCIP Traffic Mitigation Fee from $2,688.21 to $2,741.97 per residential unit starting July 1, 2023, for FY 2023-24.
Environmental Review:
This item is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines, as it entails a State-mandated update to a current City fee, and there is no possibility that th is will have a significant effect on the environment.
Fiscal Impact:
Using the new fee of $2,741.97 per new residential dwelling unit and the anticipated development for next fiscal year, estimated revenue of $150,810 is projected for FY 2023-24.
Public Notification:
None.
Attachments:
A. Resolution
B. SANDAG Agenda Item No. 9 dated February 24, 2023
Reviewed/Approved By:
Assistant City Manager
2 of7
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
May 2, 2023, Item #4
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING A 2% INCREASE IN THE
REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT
PROGRAM (RTCIP) TRAFFIC MITIGATION FEE FOR THE
FISCAL YEAR (FY) 2023-24, AS REQUIRED BY THE TRANSNET
ORDINANCE
WHEREAS, in November 2004, voters in San Diego County approved a 40-year extension to the existing TransNet program to fund improvements to the region's transportation system; WHEREAS, the extension Ordinance requires local agencies to collect traffic mitigation fees, starting July 1, 2008, from residential dwelling units to fund the Regional Transportation Congestion Improvement Program (RTCIP) to ensure that new development directly invests in the region's transportation system to offset the negative impact of growth on congestion and mobility;
WHEREAS, on April 1, 2008, the City Council adopted the RTCIP Traffic Mitigation Fee of $2,000 per residential dwelling unit pursuant to Section 9A of the TransNet Ordinance; WHEREAS, Section 9A of the TransNet Ordinance also mandates that the RTCIP Traffic Mitigation Fee shall be increased annually, in an amount not to exceed the percentage increase set forth in the Engineering Construction Cost Index published by the Engineering News Record or similar cost of construction index with a minimum increase of 2%; WHEREAS , the City Council has adopted annual increases to the RTCIP Traffic Mitigation Fee and the current fee is $2,688.21 per residential dwelling unit, pursuant to Section 9A of the TransNet Ordinance;
WHEREAS, SANDAG has informed the City that the percentage increase in the RTCIP Traffic Mitigation Fee for FY 2023-24 is set at 2%; and WHEREAS, the City Council intends by this Resolution to increase the City's RTCIP Traffic Mitigation Fee from $2,688.21 to $2,741.97 per residential dwelling unit to meet the requirement of Section 9A of the Trans Net Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The City Council finds that the adoption of this Resolution is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines, as it entails State-mandated updates to current City regulations, and there is no possibility that this will have a significant effect on the environment.
SECTION 2: The City Council, starting July 1, 2023, hereby increases the RTCIP Traffic Mitigation Fee from $2,688.21 to $2,741.97 per residential dwelling unit, regardless of type, to fund roadway and traffic signal improvements on Espola Road, Poway Road, Pomerado Road, Twin Peaks Road, Community Road, Ted Williams Parkway, Camino Del Nortei[)and Scripps Poway Parkway considered part of the Regional Arterial System. 1~ 3 of7 ATTACHMENT A
May 2, 2023, Item #4
Resolution No. 23-
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of May, 2023 by the following vote, to wit:
AYES :
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED :
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4 of7
May 2, 2023, Item #4
SA Item: 9
Board of Directors February 24, 2023
TransNet Regional Transportation Congestion Improvement Program Proposed Fee Adjustment
Overview
The TransNet Extension Ordinance requires the
18 cities in the San Diego region and the County of
San Diego to collect a Regional Transportation
Congestion Improvement Program (RTCIP) fee from
the private sector for each new housing unit
constructed in its jurisdiction , with certain exceptions , including low-income residential units and accessory
dwelling units.
Action : Approve
The Board of Directors is asked to approve a
2% adjustment to the Regional Transportation
Congestion Improvement Program, raising the
minimum fee from $2,688.21 to $2,741 .97
beginning July 1, 2023.
The purpose of this fee is to help ensure that future development contributes its proportional share of the funding needed to pay for the impact of new growth on the Regional Arterial System and related regional transportation facility improvements as defined in the most recent Regional Transportation Plan adopted by SANDAG .
Key Considerations
SAN DAG is required to adjust the minimum RTCIP fee amount on July 1, of each year based on an analysis of construction cost indices, but never less than 2%. The purpose of this annual adjustment is to ensure that the RTCIP retains its purchasing power to improve the Regional Arterial System.
Based on an analysis of construction cost trends and relevant indices, staff recommends a 2% fee adjustment to the RTCIP, raising the minimum RTCIP fee from $2,688.21 to $2,741 .97 beginning July 1, 2023 (Attachment 1 ). Even though CCI inflation has accelerated from its previous low pace, this 2% increase is enough to ensure that the RTCIP fee maintains its purchasing power to complete necessary transportat ion improvements due to past CCI increases being less than 2%. Staff will also continue monitoring the performance of the economy and the construction cost indices and may propose an increase larger than the 2% minimum in 2024. Further detail can be found in Attachment 1.
Next Steps
In accordance with TransNet Extension Ordinance provisions each jurisdiction's RTCIP funding program must be submitted for review by the Independent Taxpayer Oversight Committee (ITOC) by April 1 of each year to remain eligible for TransNet local street and road funding. The annual submittal of RTCIP funding programs by local jurisdictions is scheduled for review at the April 12, 2023, ITOC meeting.
Susan Huntington, Director Financial Planning and Budgets Key Staff Contacts: Michael Terlep, (619) 699-6929 michael.terlep@sandag .org Marcia Smith, (619) 595-5338 marcia.smith@sandag .org
Attachment: 1. Discussion Memo
5 of 7 ATTACHMENT B
60 May 2, 2023, Item #4
Attachment 1
Discussion Memo
Background
The TransNet Extension Ordinance requires the 18 cities and the County of San Diego to collect a fee from the private sector for each new housing unit1 constructed in that jurisdiction for contribution to the Regional Transportation Congestion Improvement Program (RTCIP). RTCIP revenue is required to be used to construct improvements on the Regional Arterial System, such as new or widened arterials, traffic signal coordination and other traffic improvements, freeway interchange and related freeway improvements, railroad grade separations , and improvements required for express bus and rail transit.
The Ordinance further requires SAN DAG to adjust the RTCIP fee amount each year, and states that in no event shall the adjustment be less than 2% per year or more than the percentage increase set forth in the Engineering Construction Cost Index (CCI) published by the Engineering News-Record (ENR), or a similar CCI. The purpose of this annual adjustment is to ensure that the RTCIP retains its purchasing power to improve the Regional Arterial System and to help ensure future development contributes its proportional share of the funding needed to pay for the impact of new growth on the Regional Arterial System and related regional transportation facility improvements, as defined in the most recent Regional Transportation Plan adopted by SANbAG .
The RTCI P funding programs fall under the responsibility of the 19 local jurisdict ions, which must maintain their RTCIP funding programs and comply with specific administrative requirements in order to remain eligible for TransNet local street and road funding.
The RTCIP has been implemented in the San Diego region since July 1, 2008. Annual RTCIP fee adjustments, funding program reports, and related audits can be found at the RTCIP page of the SAN DAG Website. Relevant excerpts can be referenced at TransNet Extension Ordinance and SAN DAG Board Policy No. 031 : TransNet Ordinance and Expenditure Plan Rules.
Analysis of Construction Cost Indices
SAN DAG staff evaluated changes recorded in the ENR Los Angeles CCI, which is based on monthly price changes in four areas: lumber, cement, structural steel, and labor. Los Angeles reflects construction cost trends similar to those in San Diego. From December 2021 to December 2022, the ENR Los Angeles CCI increased by 5.8%, after a December 2020 to December 2021 increase of 7.0% in 2021 and only 0.3% uptick from December 2019 to December 2020. The ENR National CCI grew by 7.2% in 2022, after an annual increase 5.8% in 2021 and just 1.6% in 2020.
Because cost indices exhibit volatility, especially amid the COVID-19 pandemic-related disruptions and inflation in recent years, it is important to take a broader view of historical trends, going back to 2008- when the RTCIP was instituted-to consider the required annual adjustment.
The cumulative growth of the RTCIP from 2008 through 2022 was 34.4%, while the ENR Los Angeles CCI seeing a 42.4% growth over the same period. The chart below shows how the RTCIP and the ENR Los Angeles CCI compare over time. It shows that by maintaining the annual adjustment at the minimum 2% increase required, the RTCIP has kept pace with inflation and retained its purchasing power. 1 Units constructed for extremely low-, very low-, low-, and moderate-income households may be exempted. 6 of7
62 May 2, 2023, Item #4
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"C
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150
140
130
o o
u ~ 120
C: II
0 co :.:; g 110
O N :::i -----
!:; 100
"' C:
0 u 90
80 TransNet RTCIP vs. ENR-CCI-LA
~ ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
- ENR-CCI-LA - Trans Net RTCIP
As expected, construct ion costs-and inflation, in general-surged in the second half of 2021, exhibiting economic impact of the 2020 COVI D-19 recession and supply chain disruptions, including shortages of labor and raw materials .
The Ordinance requires SANDAG to adjust the RTCIP fee amount each year, and states that in no event shall the adjustment be less than 2% per year or more than the percentage increase set forth in the Engineering CCI published by the ENR, or a similar CCI. The most recent available data shows Los Angeles CCI increased much more than the minimum 2%, but staff recommends the RTCIP be adjusted only by the required minimum of 2% in 2023 ($2,741.97) . Even though CCI inflation has accelerated from its previous low pace, this 2% increase is enough to ensure that the RTCIP fee maintains its purchasing power to complete necessary transportation improvements due to past CCI increases being less than 2%.
Staff will also continue monitoring the performance of the economy and the construction cost indices.
Downside risks related to persistent inflation, a looming recession, and econom ic uncertainty, which can sap growth and expansion, put additional pressure on commodity prices and labor costs. These considerations may necessitate an increase larger than the 2% minimum RTCIP increase in 2024. 7 of7
63 May 2, 2023, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
May 2, 2023
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief YV
Jenna Stein, Sr. Management Analyst
858-668-4474 or [email protected]
CITY COUNCIL
Resolution authorizing participation and acceptance of funds through the 2022 State Homeland Security Grant Program
The Department of Homeland Security provides funds through the State Homeland Security Grant Program to cities to build and sustain emergency response capabilities. The grant is administered regionally by the San Diego County Office of Emergency Services. Funds for qualifying purchases are allocated to each jurisdiction based on population. Poway's allocation for Grant Fiscal Year 2022 is $26,941.
The grant requirements specify the City Council must adopt a resolution authorizing participation in this program.
Recommended Action:
It is recommended the City Council adopt the resolution (Attachment A) authorizing staff to accept funds through the 2022 State Homeland Security Grant Program.
Discussion:
The Department of Homeland Security provides funds through the State Homeland Security Grant Program to states and local agencies to build, sustain and deliver emergency response capabilities.
The funds help advance the program's goals and objectives.
The County of San Diego applies for, receives and administers federal grant funds associated with the program. The County's Unified Disaster Council, of which Poway is a member, is the governing body that determines the local grant fund distribution formula, which is based on each jurisdiction's population. After making qualified purchases, cities are reimbursed by the County for the full purchase amount.
One of the program's goals is to strengthen communication capabilities with an objective to 1 of 4
May 2, 2023, Item #5
implement a statewide interoperability plan. To advance this goal the City plans to use the allocated $26,941 in grant funds to purchase replacement Very High Frequency (VHF) radios . VHF radios are the standard for communication during a wildfire event throughout the State of California and are required for fire agencies that provide mutual aid. VHF radios operate at a different band level then the 800MHz radios used during other emergency response incidents. Both VHF radios and 800MHz radios are essential for ensuring firefighter safety and interoperability during an emergency incident.
This funding will be used to replace VHF mobile radios as a part of the Department's ongoing VHF mobile radio upgrade efforts.
Environmental Review:
This item is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The City currently budgets for the replacement of some VHF mobile radios annually and will still incur costs this year. The State Homeland Security Grant does not require matching funds. Upon completion of the grant-related expenditures in the amount of $26,941, the General Fund will be reimbursed through the grant funding. The reimbursed funds will allow the City to replace additional VHF mobile radios as a part of the Department's ongoing VHF mobile radio upgrade efforts and provide additional VHF radios to firefighters. It is anticipated that all grant expenditures and reimbursements will be completed by December 30, 2023.
Public Notification:
None.
Attachments:
A. Resolution
Reviewed/Approved By:
Assistant City Manager
2 of 4
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
May 2, 2023, Item #5
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING PARTICIPATION AND
THE ACCEPTANCE OF FUNDS THROUGH THE 2022 STATE
HOMELAND SECURITY GRANT PROGRAM
WHEREAS, the City of Poway is eligible to receive federal grant funds through the 2022 State Homeland Security Grant Program for emergency preparedness; WHEREAS, the approved grant allocation for the City of Poway is $26,941; WHEREAS, the federal grant funds for the State Homeland Security Grant Program require no City matching funds, all grant-related expenditures are one-hundred percent reimbursable, and the City shall incur no direct costs; and WHEREAS, it is the desire of the City of Poway to participate in this program to enhance emergency preparedness.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The following staff are hereby authorized to execute for and on behalf of the City of Poway, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California. 3 of 4
Jeff Chumbley, Fire Chief
Jenna Stein, Sr. Management Analyst
(This section intentionally left blank.)
ATTACHMENT A
May 2, 2023, Item #5
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of May, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4of 4
May 2, 2023, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA . REPORT City of Poway
May 2, 2023
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief ~
Jenna Stein, Sr. Manageme t/. Analyst
858-668-4474 or [email protected]
CITY COUNCIL
Resolution to Adopt the 2023 Multi-Jurisdictional Hazard Mitigation Plan The National Disaster Mitigation Act of 2000 requires state and local governments to prepare a hazard mitigation plan in order to receive financial assistance for disasters declared after November 1, 2004.
The County of San Diego led the effort to develop the first Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) which served as a guideline for lowering the risks and hazards in the region. The MJHMP is composed of the County Base Plan and 18 city annexes including the City of Poway Annex. The MJHMP is required by the Federal Emergency Management Agency (FEMA) and the State of California to be updated and adopted every five years.
Recommended Action:
It is recommended the City Council approve the Resolution to adopt the 2023 Multi-Jurisdictional Hazard ·Mitigation Plan. · · · ·
Discussion:
In 2003, the City of Poway established an in-house committee of staff from Development Services, Public Works and the Fire Department. The committee identified hazards and developed mitigation goals and objectives approved by Poway City Council in 2004 by adopting Resolution 04-035. The MJHMP was subsequently reviewed, updated and approved in 2011 and 2017. A committee composed of staff from the same departments met in early 2022 to update the goals and objectives for the 2023 MJHMP. The County, State and FEMA have accepted the updated MJHMP.
Environmental Review:
This item is not subject review under the California Environmental Quality Act (CEQA). 1 of 67
May 2, 2023, Item #6
Fiscal Impact:
None.
Public Notification:
A copy of this report was mailed to the County of San Diego Office of Emergency Services.
Attachments:
A. Resolution
B. 2023 Multi-Jurisdictional Hazard Mitigation Plan
Reviewed/Approved By:
w.~1se~
Assistant City Manager
2 of 67
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
~~ Chris1Haze'
City Manager
May 2, 2023, Item #6
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ADOPTING THE REVISED 2023 MUL Tl
JURISDICTIONAL HAZARD MITIGATION PLAN
WHEREAS, the San Diego region has experienced natural, technological, and human caused disasters on many occasions in the past , resulting in property loss, loss of life, economic hardship and threats to public health and safety;
WHEREAS , the majority of San Diego's 3.3 million residents live in areas subject to these disasters ;
WHEREAS, a Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) has been developed in collaboration with the County of San Diego and all 18 cities in the County including the City of Poway;
WHEREAS , the MJHMP recommends hazard mitigation actions that can be designed and implemented to promote the continued protection of people and property affected by the natural and manmade hazards that face San Diego County;
WHEREAS, public meetings were held through the County to review the MJHMP as required by law; and
WHEREAS, mitigation measures have been shown to be effective in saving lives and reducing property damage caused by disasters .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows :
SECTION 1: The 2023 Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) , a copy of which is on record in the Fire Department in the City of Poway, is hereby adopted as an official plan of the City of Poway.
SECTION 2: The recommended actions in the City _of Poway's section of the MJHMP will receive priority consideration for implementation dependent upon factors such as funding and resource availability .
(This section intentionally left blank.)
3 of67 ATTACHMENT A
May 2, 2023, Item #6
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of May, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4of 67
May 2, 2023, Item #6
5 of67
Multi-Jurisdictional
Hazard Mitigation Plan:
City of Poway Annex
San Diego County, California
2023
Attachment B
May 2, 2023, Item #6
This page is intentionally left blank.
6 of67
May 2, 2023, Item #6
1. SECTION ONE:
Determine the Planning Area and Resources
1.1. Planning Area : City of Poway
The City of Poway is located in inland San Diego County and is approximately 20 miles from downtown San Diego. It is bordered to the north, south, and west by the City of San Diego and by unincorporated San Diego County to the east. Poway covers 39.2 square miles and serves a population of 48,841 (United State Census Bureau, 2020).
The community is primarily residential; however, it also has a thriving business park, located in the southern portion of the City. The 1,500-acre South Poway Business Park is home to approximately 600 businesses with more than 19,000 employees and occupies close to 11 million square feet of building space. Poway also supports a well-developed business area, located along Poway Road and Pomerado Road.
Based on March 31, 2020 Estimate Census Data (California Department of Finance), within the city limits are 16,937 housing units, of which 75% are single family dwelling units. The Poway Unified School District provides educational services to 38 public school campuses, serving 33,000 students. Twelve of these campuses are located within the City of Poway. According to the US Census Bureau (2018), median household income is $105,732 and 6.6% of the populations is below poverty level. Approximately 16.38% of the population is 65 years and over.
Poway has a climate that is characterized by mild winters and warm summers. Light rain usually occurs in the spring and delivers an average of 12" annually. The annual temperatures range from an average low of 52°, an average high of 73°, and a record high of 114° (www.weather.com).
1.2. Community Rating System Requirements
The Community Rating System (CRS) is a FEMA program and rewards communities that go beyond the minimum standards for floodplain management under the National Flood Insurance Program (NFIP). Communities can potentially improve their Community Rating System and lower NFIP premiums by developing a CRS Plan. The City of Poway is an active participant in the NFIP.
For more information on the National Flood Insurance Program, see http://www.fema .gov/national-flood-insurance-program . 7 of67
May 2, 2023, Item #6
Community Rating Local Mitigation
System (CRS) Planning Planning
Steps Handbook Tasks
(44 CFR Part
201)
Task 1: Determine the Planning Area and
Step 1. Organize Resources
Task 2: Build the
Planning Team 44 CFR
201.6(c)(1)
Task 3: Create an Outreach Strategy
Step 2. Involve the public 44 CFR 201.6(b)(1)
Task 4: Review Community Capabilities
Step 3. Coordinate 44 CFR 201.6(b)(2) & (3)
Step 4. Assess the hazard Task 5: Conduct a Risk
Assessment 44 CFR
Step 5. Assess the problem 201.6(c)(2)(i)
44 CFR 201.6(c)(2)(ii) & (iii)
Step 6. Set goals Task 6: Develop a
Step 7. Review possible activities Mitigation Strategy 44 CFR 201.6(c)(3)(i)
Step 8. Draft an action plan 44 CFR 201.6(c)(3)(ii)
44 CFR 201 .6(c)(3)(iii)
Task 8: Review and Adopt the Plan
Step 9. Adopt the plan 44 CFR 201.6(c)(5)
Task 7: Keep the Plan Current
Step 10. Implement, evaluate, revise Task 9: Create a Safe and Resilient Community 44 CFR 201.6(c)(4)
TABLE 1: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 1.1 DESCRIBES THE CRS REQUIREMENTS MET BY THE SAN DIEGO COUNTY MUL Tl-JU RISD ICTIONAL HAZARD MIT/GA TION PLAN . . . . .
Any jurisdiction or special district may participate in the hazard mitigation planning process.
However, to request FEMA approval, each of the local jurisdictions must meet all requirements of 44 CFR §201.6. In addition to the requirement for participation in the process, the Federal regulation specifies the following requirements for multi-jurisdictional plans:
• The risk assessment must assess each jurisdiction's risk where they may vary from the risks facing the entire planning area. (44 CFR §201.6(c)(2)(iii)) • There must be identifiable action items specific to the jurisdiction requesting FEMA approval or credit of the plan. (44 CFR §201.6(c)(3)(iv))
• Each jurisdiction requesting approval of the plan must document that is has been formally adopted. (44 CFR §201.6(c)(5))
The hazard mitigation plan must clearly list the jurisdictions that participated in the plan and are seeking plan approval. The San Diego County Multi-Jurisdictional Hazard Mitigation Plan and annexes meet all requirements.
8 of67
May 2, 2023, Item #6
2. SECTION TWO: Build the Planning Team
2.1 . Planning Participants
• Bob Manis, Director of Development
• David De Vries, City Planner, Development Department
• Melody Rocco, City Engineer, Development Department
• Austin Silva, Senior Planner, Development Department
• Eric Heidemann, Director of Public Works Department
• Troy De Priest, Assistant Director, Utilities Division, Public Works Department • Jessica Parks, Utilities Administrator
• Will Wiley, Assistant Director, Maintenance and Operation, Public Works Department • Danielle McIntosh, Facilities and Maintenance Supervisor • Jon Canavan, Fire Chief, Fire Department
• Scott Post, Interim Fire Chief, Fire Department
• Susy Turnbull, Disaster Preparedness Coordinator, Fire Department • Brad Rosen, Assistant Director of Finance, Finance Department • Lawrence Brillon, IT Analyst, Finance Department
• Dawn Winter, Network Administrator, Finance Department
2.2. Planning Process
The Disaster Preparedness Coordinator attended the Hazard Mitigation Working Group (HMWG) meetings hosted by the San Diego County Office of Emergency Services. Internal planning meetings were first held on an individual department basis, then group meetings with every department involved. Due to COVID restrictions, the majority of these meetings were held via Microsoft Teams.
All documents were uploaded in the city's SharePoint site. Departments populated their information and the Disaster Preparedness Coordinator consolidated and finalized the documents. Citywide Hazard Mitigation Actions were agreed upon by the local planning group for the final actions. The Disaster Preparedness Coordinator uploaded all documents in the County's SharePoint site for the submission process.
9 of67
May 2, 2023, Item #6
3. SECTION THREE: Create an Outreach
Strategy
See the San Diego County Multi-Jurisdictional Hazard Mitigation Plan's Section Three for details about the county-wide outreach strategy.
10 of67
May 2, 2023, Item #6
4. SECTION FOUR: Review Community
Capabilities
Local mitigation capabilities are existing authorities, policies, programs, and resources that reduce hazard impacts or that could be used to implement hazard mitigation activities, and must be included in a hazard mitigation plan by the planning team.
The planning team also may identify additional types of capabilities relevant to mitigation planning.
4.1. Capability Assessment
The primary types of capabilities for reducing long-term vulnerability through mitigation planning are:
• Planning and regulatory
Administrative and technical
• Financial
• Education and outreach
4.1 .1. Planning and Regulatory
Planning and regulatory capabilities are the plans, policies, codes, and ordinances that prevent and reduce the impacts of hazards. This jurisdiction has in place:
Plans
Comprehensive/Master Plan
Capital Improvements Plan
Economic Development Plan
Local Emergency Operations Plan
Continuity of Operations Plan
11 of 67
Does the plan address hazards?
Yes/No Does the plan identify projects to include in the Year mitigation strategy?
Can the plan be used to implement mitigation
actions?
-.. - ••• I ' I
:- . ,- ... , and hazardous materials.
Updat neral Plan does not identify specific projects to In 202 in the mitigation strategy.
Yes
FY 2020-
21 No
n can be used to im · · ation actions.
Y es/ No/ Yes
2021
Y No / Yes / Yes
2021
May 2, 2023, Item #6
Transportation Plan Yes !Yes
2013
Stormwater Management Plan Yes lJurisdictional Runoff Management Plan - Yes 2019
Community Wildfire Protection Plan Yes- !The City of Poway has multiple aspects of the CWPP On- ~ The Wildfire Defensible Space Program, Weed
Going ~batement Program and enhanced monitoring of all
new development in the Very High Fire Hazard
Severitv Areas (VHFHSA).
M. Real estate disclosure requirements No
Other special plans (e.g., brownfields Yes Disaster Recovery Plan (2019) redevelopment, disaster recovery, Landscape Irrigation Design Manual (2017). The coastal zone management, climate Landscape Manual addresses Fire Hazards, it does change adaptation) not identify specific projects to include in the mitigation strategy.
The Landscape Manual can be used to implement
mitiqation actions.
iThis jurisdiction can improve these capabilities by continuing to collaborate with partners and participating in/staying briefed on updates related to the Disaster Recovery Plan, the Wildfire Defensible Space Program, Weed Abatement Program, new development in VHFHSA, and the General Plan.
TABLE 2: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 4.1 DATA. 12 of 67
May 2, 2023, Item #6
4.1.2. Administrative and Technical
Administrative and technical capabilities include staff and their skills and tools that can be used for mitigation planning and to implement specific mitigation actions. For smaller jurisdictions without local staff resources, if there are public resources at the next higher-level government that can provide technical assistance, indicate so in your comments:
Administration Yes/No
Planner(s) or engineer(s) with knowledge
of land
development and land management
practices
Engineer(s) or professional(s) trained in
construction practices related to buildings
and/or infrastructure
Planners or Engineer(s) with an
understanding of natural and/or
manmade hazards
Mitigation Planning Committee
Maintenance programs to reduce risk
_(~,g., tree trimming, clearing drainage
systems)
Mutual aid agreements
Staff
Chief Building Official
Floodplain Administrator
13 of 67
Yes
Yes
y
Yes
Yes
Yes
Yes/No
FT/PT'
-
Describe capability
Is coordination effective?
Engineering staff are trained to become familiar with
nd to enforce all applicable Federal, State, and
Local regulations and requirements of land
evelopment and land management practices . Yes.
onduct inspections of private and public
onstruction projects inspecting materials and
orkmanship to ensure compliance with approved
plans and specifications; inspect conditions prior to
he start of construction, during construction , and
u on com letion. Yes.
Both Planers and Engineers understand various
ypes of natural and man made hazards. Staff is
rained to assist with hazard mitigation when/if it
ccurs and appropriate mitigation measures are
incor orated all develo menu construction ro·ects.
Development Review Committee and Planning
Review Group
rees that are in the right away, drainage, parks,
nd LMD's (Land Maintenance Districts) are all on a
chedule to get trimmed. Drainage system is
maintained annual! .
Participate in the California Fire Rescue and Mutual
id System, the San Diego County Operational
rea Emergency Operations Plan. The California
Master Mutual Aid Agreement. (Ask Will about the
Public Works MA
Is staffing adequate to enforce
regulations? Is staff trained on
hazards and mitigation?
Is coordination between agencies and staff
effective?
es
es - Part of other duties assigned to full-time
position
May 2, 2023, Item #6
Emergency Manager Y-FT (1) !Yes/Yes/ Yes
Surveyors Yes Staffing within the City of Poway is not adequate.
However, on-call consultants are relied upon for
survey work .
Training provided through State survey license and
necessary training is reviewed upon consultant
selection.
Coordination is effective.
Staff with education or expertise to Yes Fire and Land Use Planning assess the community's vulnerability to
hazards
Community Planner Yes-FT
Scientists familiar with the hazards of the Yes Staffing within the City of Poway is not adequate. community However, on-call consultants are relied upon for scientific work.
Necessary training is reviewed upon consultant
selection.
Coordination is effective.
Civil Engineer 6 FT !Yes
Personnel skilled in GIS and/or HAZUS Yes IT GIS Analyst Grant writers
y Staff in all departments to apply for grants .
Other
I
Yes/No I
Describe capability
Technical Has capability been used to assess/mitigate
risk in the past?
Warning systems/serv ices Yes IAlertSanDiego for Reverse 9-1-1 - Used by City (Reverse 911 , outdoor warning signals) Wireless Emergency Alert (WEA) -Used by County Changeable Message Boards - Used by City
Hazard data and information Yes Fire pre-planning and wildfire pre-planning documentation, evacuation mapping, GIS database.
Grant writing Yes ~II departments have grant writers
Hazus analysis Yes rrhe County Office of Emergency Services provides ~azard data and information to assess and mitigate
risk. FEMA Hazus program is used to identify and
mitigate risks in the area.
rThis iurisdiction can improve these capabilities by continuin!:I to collaborate with oartners to 14 of 67
May 2, 2023, Item #6
research and stay briefed on AlertSanDiego, WEA, and Changeable Message Board capabilities to hel the ublic sta informed before and durin a hazard event.
TABLE 3:FE MA LOC A L MITIG ATIO N PLANN ING HAN DBOO K W ORK SHEET 4.1 DA TA CO NTI NUED.
4.1.3. Financial
Identify whether your jurisdiction has access to or is eligible to use the following funding resources for hazard mitigation:
Funding Resource
Community Development Block Grants
(CDBG)
Capital improvements project funding
Capital improvements project funding
Authority to levy taxes for specific
purposes
Fees for water, sewer, gas, or electric
service
Impact fees for homebuyers or
developers for new
developments/homes
Incur debt through general obligation
bonds
Incur debt through special tax and
revenue bonds
Incur debt through private activity
bonds
■
.
•
No
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Has the funding resource been used in past
and for what type of activities?
Could the resource be used to fund future
mitigation actions?
Funding has been allocated to mitigate hazardous
ree conditions within public right of way landscape
areas. A grant application is in process for Hazard
Mitigation funds related to erosion and flooding
concerns.
oter approval is required, taxes have not been
levied for hazard mitigation purposes.
ater and sewer charges for services are
assessed to customers for services being provided.
Impact fees have not been used in the past for
specifically hazard mitigation. However, there is a
$17,000 habitat in-lieu mitigation fee that is used to
preserve open space areas.
his resource could be used to fund future
mitigation actions with support and direction from
he Cit Council.
Not historically used. It could be a future option
subject to Council approval.
Used in specific situations. It could be a future
option subject to Council approval.
Not historically used. It could be a future option
subject to Council approval.
How can these capabilities be expanded and improved to reduce risk? 15 of 67
May 2, 2023, Item #6
his jurisdiction can improve these capabilities by continuing to research and apply for local, tate, and federal grants when appropriate to fund staff and resources to further execute hazard mitigation goals, objectives, and actions.
Table 4: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 4. 1 DA TA CONTINUED .
4.1.4. Education and Outreach
Identify education and outreach programs and methods already in place that could be used to implement mitigation activities and communicate hazard-related information:
Program/Organization
Local citizen groups or non-profit
organizations focused on environmental
protection, emergency preparedness,
access and functional needs
populations, etc.
Ongoing public education or information
program (e.g., responsible water use,
fire safety, household preparedness,
environmental education)
Natural disaster or safety related school
programs
StormReady certification
Firewise Communities certification
Public-private partnership initiatives
addressing disaster-related issues
16 of 67
Describe program/organization and how
relates to disaster resilience and mitigation.
Yes/No
Could the program/organization help implement
future mitigation activities?
Poway Neighborhood Emergency Corps (PNEC) is
•
n all-volunteer 501 (C.) (3) group focused primarily
n educating the community on disaster
preparedness, which includes mitigation to
properties . The Poway Fire Safe Council serves
under PNEC and educates the community on
ildfire preparedness. The Poway Community
Emergency Response Team (CERT) is a well
rained rou of over 100 members.
Yes II three (3) of the above groups regularly attend
preparedness fairs and outreach events to educate
he community on disaster preparedness inclusive of
II emergencies that could occur in the area.
Educational materials and supplies are given out to
. itizens at these events. Community meetings are
held once a quarter and an annual Emergency
Survival Fair is held at Old Poway Park each year.
his survival fair has approximate 25 vendors and
ver 200 participants each year. The water
e artment romotes 'usin water wisel '.
Yes he Fire Department goes to schools and does tours
No
No
f the fire station for early elementary to talk about
ire safety.
Yes Poway Neighborhood Emergency Corps (PNEC) is
n all-volunteer 501 (C.) (3) group focused primarily
n educating the community on disaster
preparedness, which includes mitigation to
properties. The Poway Fire Safe Council serves
under PNEC and educates the communit on
May 2, 2023, Item #6
Other
ildfire preparedness. The Poway Community
Emergency Response Team (CERT) is a well
rained group of over 100 members. Additionally, the
ity partners with local churches for providing
mergency evacuation sheltering. We also have an
MOU with Sysco Foods to provide feeding in
Yes Poway Auxiliary Communications Team (PACT) is a
large group of Ham Radio volunteers living in and
near Poway. These members communicate on a
regular basis to ensure their readiness to respond to
mergencies that occur in the area. This network of
ommunicators can provide educational information
bout preparedness, response, and mitigation. This
roup actively participates in community meetings
nd educational fairs.
How can these capabilities be expanded and improved to reduce risk? his jurisdiction can improve these capabilities by continuing to research and apply for local, tate, and federal grants when appropriate to fund staff and resources to further execute ducation and outreach programs such as the Poway Neighborhood Emergency Corps and the ommunity Emergency Response Team. Future efforts will include programs focused on non n lish s eakers, outh, and seniors.
TABLE 5: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 4.1 DA TA CONTINUED .
4.2. Safe Growth Audit
Identify gaps in your community's growth guidance instruments and improvements that could be made to reduce vulnerability to future development:
Comprehensive Plan Yes No
Land Use
1. Does the future land-use map clearly identify natural hazard areas? Although the land use map does not identify natural hazard areas, consideration of natural hazards were considered in the designation of areas by land use classifications (e.g low density rural residential zoning where natural hazards exist). The Public Safety Element and City GIS layers identify natural hazard areas for land use purposes.
2. Do the land-use policies discourage development or redevelopment within natural hazard areas?
he City does not allow new structures within the Floodway. Otherwise, the City utilizes a Development Review process that identifies and requires potential mitigation of geological, eismic, floodplain, and wildfire hazards.
3. Does the plan provide adequate space for expected future growth in areas located outside natural hazard areas?
17 of 67
X
X
X
May 2, 2023, Item #6
The City of Poway has adopted specific plans that accommodate additional future residential and commercial units. A proposed amendment to the Housing Element identifies an inventory of sites hat can provide 1,319 new dwelling units outside of natural hazard areas.
Transportation
1. Does the transportation plan limit access to hazard areas? X Sidewalks and bikeways are generally not provided in hazard areas.
2. Is transportation policy used to guide growth to safe locat ions? X Poway Road Specific Plan and The Farm in Poway Specific Plan were adopted to provide growth in safe urban areas.
3. Are movement systems designed to function under disaster conditions (e.g., X evacuation)?
Pomerado Road is established as an alternative route to the 1-15 in the event of significant traffic. !This could also be used to direct residents during a disaster situation, however it has yet to be used for that function. No other movement systems have been established.
TABLE 6: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 4.2 DA TA Comprehensive Plan (continued) Yes No
Environmental Management
1. Are environmental systems that protect development from hazards identified and X mapped?
High Fire Hazard Areas and Floodway/Floodplain zones have been mapped and appropriate measures to protect development are in place. There are no seismic areas of concern in Poway.
2. Do environmental policies maintain and restore protective ecosystems? X The City has adopted the Poway Subarea Habitat Conservation Plan Natural Community Conservation Plan to manage and protect sensitive habitats.
3. Do environmental policies provide incentives to development that is located outside X protective ecosystems?
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May 2, 2023, Item #6
Development within the mitigation area is limited to 2 acres of habitat removal. Areas outside the mitigation area do not have this limit.
Public Safety
1. Are the goals and policies of the comprehensive plan related to those of the FEMA X Local Hazard Mitigation Plan?
rThe city is in the process of updating the Safety Element of the General Plan. The current Safety Element considers hazard areas such as Floodway/Floodplain and Wildfire areas.
2. Is safety explicitly included in the plan's growth and development policies? X ~es, there is a Public Safety Element within the City's General Plan.
3. Does the monitoring and implementation section of the plan cover safe growth X objectives?
Poway Road Specific Plan and The Farm in Poway Specific Plan were adopted to provide growth in safe urban areas.
TABLE 7: FEMA LOCAL MIT/G A TION PLANNING HANDBOOK WORKSHEET 4.2 DATA CONTINUED .
Comprehensive Plan (continued) Yes No
Environmental Management
1. Are environmental systems that protect development from hazards identified and X manned?
High Fire Hazard Areas and Floodway/Floodplain zones have been mapped and appropriate measures to protect development are in place. There are no seismic areas of concern in Poway.
2. Do environmental policies mainta in and restore protective ecosystems? X The City has adopted the Poway Subarea Habitat Conservation Plan Natural Community Conservation Plan to manage and protect sensitive habitats. 19 of 67
May 2, 2023, Item #6
3. Do environmental policies provide incentives to development that is located outside X protective ecosystems?
Development within the mitigation area is limited to 2 acres of habitat removal. Areas outside the mitigation area do not have this limit.
Public Safety
1. Are the goals and policies of the comprehensive plan related to those of the FEMA X Local Hazard Mitigation Plan?
The City is in the process of updating the Safety Element of the General Plan. The current Safety Element considers hazard areas such as Floodway/Floodplain and Wildfire areas.
2. Is safety explicitly included in the plan's growth and development policies? X Yes, there is a Public Safety Element within the City's General Plan.
3. Does the monitoring and implementation section of the plan cover safe growth X objectives?
Poway Road Specific Plan and The Farm in Poway Specific Plan were adopted to provide growth in safe urban areas.
TABLE 8: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 4.2 DATA CONTINUED .
Capital Improvement Program and Infrastructure Policies Yes No
1. Does the capital improvement program limit expenditures on projects that would X encourage development in areas vulnerable to natural hazards?
2. Do infrastructure policies limit extension of existing facilities and services that would X encourage development in areas vulnerable to natural hazards?
3. Does the capital improvement program provide funding for hazard mitigation X projects identified in the FEMA Mitigation Plan?
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May 2, 2023, Item #6
rrhe Capital Improvement Program does not have funding specifically for hazard mitigation r:>rojects but rather funds projects as they are identified and funding becomes available.
Other
1. Do small area or corridor plans recognize the need to avoid or mitigation natural hazards?
2. Does the building code contain provisions to strengthen or elevate construction to withstand hazard forces?
3. Do economic development or redevelopment strategies include provisions for mitigation natural hazards?
4. Is there an adopted evacuation and shelter plan to deal with emergencies from natural hazards?
I
Yes
I
X
X
X
X
TABLE 9: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WOR KSHEET 4.2 DATA CONTINUED .
No
Questions were adapted from Godschalk, David R. Practice Safe Growth Audits, Zoning Practice, Issue Number 10, October 2009, American Planning Association.
4.3. National Flood Insurance Program (NFIP)
As a participant in the National Flood Insurance Program (NFIP), a community develops capabilities for conducting flood mitigation activities. The hazard mitigation plan must describe each jurisdiction's participation in the NFIP. Participating communities must describe their continued compliance with NFIP requirements. The mitigation plan must do more than state that the community will continue to comply with the NFIP. Each jurisdiction must describe their floodplain management program and address how they will continue to comply with the NFIP requirements. The local floodplain administrator is often the primary source for this information.
Jurisdictions where FEMA has issued a floodplain map but are currently not participating in the NFIP may meet this requirement by describing the reasons why the community does not participate. Plan updates must meet the same requirements and document any change in floodplain management programs.
The City of Poway is an active participant in the NFIP. 21 of 67
May 2, 2023, Item #6
NFIP Topic Source of Information Comments
Insurance Summary
How many NFIP policies are in State NFIP ~s of 5/2/21
the community? What is the total Coordinator or FEMA :258 Policies premium and coverage? NFIP Specialist $373,157 Total Premium How many claims have been paid FEMA NFIP or i71 Paid Claims in the community? What is the Insurance Specialist 1$735,017.25 Total Paid total amount of paid claims? How 14 Substantial Damage Claims many of the claims were for
substantial damaae?
How many structures are Community Floodplain ~21
exposed to flood risk within the Administrator (FPA)
communitv?
Describe any areas of flood risk Community FPA and Not applicable with limited NFIP policy coverage FEMA Insurance
Specialist
Staff Resources
Is the Community FPA Community FPA No, but a department staff member is certified. or NFIP Coordinator
certified?
Is floodplain management an Community FPA No, the Development Services Department, auxiliary function? Land Development Division administers the lfioodolain requlations.
Provide an explanation of NFIP Community FPA rrhe Land Development Division within the administration services (e.g., Development Services Department administers permit review, GIS, education or !all aspects of the NFIP program except GIS. outreach, inspections, rrhis includes permitting, education and engineering capability) [Outreach, and inspections. GIS is administered lbv the IT Division of the Finance Department.
What are the barriers to running an Community FPA None
effective NFIP program in the
community, if any?
Compliance History
Is the community in good State NFIP Yes
standing with the NFIP? Coordinator , FEMA
NFIP Specialist,
communitv records
Are there any outstanding No
compliance issues (i.e., current
violations)?
When was the most recent February 26, 2014
Community Assistance Visit
(CAV) or Community Assistance
Contact (CAC)?
Is a CAV or CAC scheduled or Scheduled for June 9, 2021 needed?
TABLE 10: FEMA LOC A L MITIG A TIO N PL ANNING HAN DB OO K W ORKSHEET 4.3 DA TA . 22 of67
May 2, 2023, Item #6
NFIP Topic Source of Information Comments
Regulation
When did the community enter the Community Status 1985
NFIP? Book
http://www .fema .gov/
national-flood-
insurance-
program/national-
flood- insurance-
program-
community-status-
book
Are the FIRMs digital or paper? Community FPA Both
Do floodplain development Community FPA City of Poway floodplain development regulations meet or exceed FEMA regulations meet, and in some cases exceed, or State minimum requirements? FEMA and State minimum requirements. For If so, in what ways? example, Poway Municipal Code requires all new residential construction to be at least one
'oot above the base flood elevation (California
only requires new residential construction to be
at the base flood elevation.)
Provide an explanation of the Community FPA, During Discretionary Review of a project, the permitting process. State, FEMA NFIP applicant is notified of the floodplain Flood Insurance
!development regulations applicable to the site
and project. The conditions of approval for the
Manual project include condition(s) specifying the
http://www.fema.gov/ requirements for development within the flood-insurance- Special Flood Hazard Area (SFHA). Prior to manual he issuance of a Grading or Building Permit for
Community FPA, any work within the SFHA, a City of Poway FEMA CRS Floodplain Development Permit is required. A
Coordinator, ISO ~ite plan must be submitted and is reviewed for representative conformance with the Poway Municipal Code CRS manual http:// floodplain development requirements. The . www.fema.gov/library/ floodplain Development Per_mit is not issued viewRecord.do?id=2434 until the plans are in conformance. Occupancy of any new habitable structures or additions is
not granted until applicable documentation (i.e.
Elevation Certificate) has been submitted and
aooroved by the City.
Community Rating System (CRS)
Does the community participate in Community FPA, !Yes
CRS? State, FEMA NFIP
What is the community's CRS Flood Insurance 8
Class Ranking? Manual
http ://www.fema.gov/
flood-insurance-
manual
What categories and activities The majority of the points come from public provide CRS points and how outreach projects, open space preservation, can the class be improved? and the higher regulatory standards activities. [The community class rating could be improved
by implementing more creditable activities and
!documenting procedures as stated in the NFIP
CRS Coordinator's Manual.
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May 2, 2023, Item #6
Does the plan include CRS Community FPA, No
planning requirements FEMA CRS
Coordinator, ISO
representative
CRS manual http ://
www.fema.gov/library/
viewRecord .do?id=2434
TABLE 11 : FEMA LOC A L MIT/G A TION PLANNIN G HAN DBOO K W ORKSHEET 4.3 DA TA CONTINUED . 24 of67
May 2, 2023, Item #6
5. SECTION FIVE: Conduct a Risk
Assessment
The planning team conducts a risk assessment to determine the potential impacts of hazards to the people, economy, and built and natural environments of the community. The risk assessment provides the foundation for the rest of the mitigation planning process, which is focused on identifying and prioritizing actions to reduce risk to hazards.
In addition to informing the mitigation strategy, the risk assessment also can be used to establish emergency preparedness and response priorities, for land use and comprehensive planning, and for decision making by elected officials, city and county departments, businesses, and organizations in the community.
5.1. Hazards Summary
FIRE HISTORY
Major portions of the town were evacuated during both the 2003 Cedar Fire and 2007 Witch Creek Fire. These two significant fires were part of historical fires in San Diego County. In recent years, local air support and mutual aid assistance has increased significantly. This has helped to prevent small vegetation fires spreading to become out of control wildland fires.
How the Cedar Fire affected Poway:
• Homes - 53 single family homes in Poway (unknown total structures) • Acres burned in Poway - 7,000
• Lives - Fifteen fatalities in the county, including one firefighter (these numbers are not limited to Poway)
-• Evacuations - Information unavailable
• Evacuation Centers - The American Red Cross opened numerous evacuation sites throughout the county. Most residents from the Poway area evacuated to Mira Mesa High School. Qualcomm Stadium was opened by City of San Diego staff and housed thousands of evacuees for numerous days.
How the Witch Creek affected Poway:
• Structures - 95 structures destroyed, 90 of these were primary single-family homes. • Acres burned in Poway - 7,247
• Lives - Ten fatalities in the county
• Evacuations - 7,000 residents of Poway (515 residents in the county) • Evacuation Centers - Poway High School was initially established as an evacuation center.
This site was closed 11 hours later due to poor air quality at the High School. Five hours later, city staff opened the Poway Community Center as the main evacuation site for the area.
Approximately 300 residents took refuge at the community center, which closed three days later.
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The 1967 Fire began in Ramona on October 27, 1967 and burned over 55,00 acres of San Diego County land. During the fires 26 buildings were destroyed, including 16 homes in Poway. Schools and hundreds of people were evacuated, although no information was provided as to where they were evacuated. During this fire, 300 Poway High School students were pressed into service as firefighters when the fire threatened to surround the school. 900 firefighters fought the fires including 700 who were out of area. No lives were lost, but five firefighters were burned, and one firefighter collapsed from smoke inhalation. In addition to the buildings lost, hundreds of livestock died as a result of this fire.
HAZARD IDENTIFICATION
The City of Poway is exposed to several hazards and has the potential to be impacted to varying degrees from natural, technological, or man-made disasters. The City of Poway continues to work with local planning groups to determine its exposure and loss potential to identified hazards in the city.
Through the hazard mitigation planning process, the City has identified wildfire/structure fire, earthquake (liquefaction and landslide), floods/dam inundation, man-made hazards (hazardous materials, plane/train crash, etc.), and extreme heat and drought as high - medium hazards for the city. After reviewing the localized hazard maps and exposure and loss tables developed during the most recent county-wide hazard mitigation analysis (2017), hazards were identified as threats to the City using the following formula [ see Table 12, page 23]:
Probability of Future Events
• Unlikely: Less than 1 percent probability of occurrence in the next year or a recurrence interval of greater than every 100 years.
• Occasional: 1 to 10 percent probability of occurrence in the next year or a recurrence interval of 11 to 100 years .
• Likely: 10 to 90 percent probability of occurrence in the next year or a recurrence interval of 1 to 10 years
• Highly Likely: 90 to 100 percent probability of occurrence in the next year or a recurrence interval of less than 1 year.
Overall Significance
• Low: Two or more criteria fall in lower classifications, or the event has a minimal impact on the planning area. This rating is sometimes used for hazards with a minimal or unknown record of occurrences or for hazards with minimal mitigation potential. • Medium: The criteria fall mostly in the middle ranges of classifications and the event's impacts on the planning area are noticeable but not devastating. This rating is sometimes used for hazards with a high extent rating but very low probability rating. • High: The criteria consistently fall in the high classifications and the event is likely/highly likely to occur with severe strength over a significant to extensive portion of the planning area.
Definitions for Classifications
Location {Geographic Area Affected)
• Negligible: Less than 10 percent of planning area or isolated single-point occurrences 26 of67
May 2, 2023, Item #6
• Limited: 10 to 25 percent of the planning area or limited single-point occurrences • Significant: 25 to 75 percent of planning area or frequent single-point occurrences • Extensive: 75 to 100 percent of planning area or consistent single-point occurrences Maximum Probable Extent (Magnitude/Strength based on historic events or future probability)
• Weak: Limited classification on scientific scale, slow speed of onset or short duration of event, resulting in little to no damage
• Moderate: Moderate classification on scientific scale, moderate speed of onset or moderate duration of event, resulting in some damage and loss of services for days • Severe: Severe classification on scientific scale, fast speed of onset or long duration of event, resulting in devastating damage and loss of services for weeks or months • Extreme: Extreme classification on scientific scale, immediate onset or extended duration of event, resulting in catastrophic damage and uninhabitable conditions o Cumulative meteorological drought and wet conditions : http://ncdc .noaa.gov/ o Earthquake intensity and effect on population and structures : http://earthquake.usgs.gov o Earthquake magnitude as a logarithmic scale, measured by a seismograph: http://earthquake .usgs.gov o Hurricane rating based on sustained wind speed: http://nhc.noaa .gov o Tornado rating based on wind speed and associated damage : http://spc .noaa.gov Hazard Scale/ Index Weak Moderate Severe Extreme
Drought Palmer Drought Severity lndex3 1.99 to 2.00 to 3.00 to 4.00 and below
l+1 .99 2.99 3.99
Modified Mercalli Scale4 I to IV VtoVII ~II IX to XII
Earthquake Richter Magnitude5 12, 3 4, 5 p 7, 8
Hurricane Wind Saffir-Simpson Hurricane Wind 1 12 ~ 14, 5 Scale6
:Tornado Fujita :Tornado Damage Scale? F0 F1, F2 F3 F4 , F5 27 of 67
May 2, 2023, Item #6
Summarize hazard description information and identify which hazards are most significant to the planning area:
Location Maximum Probable Probability of Overall Hazard (Geographic Extent Area (Magnitude/Strength) Future Events Significance
Affected) Ranking
Avalanche Negligible Weak Unlikely Low
Dam Failure Limited Moderate Occasional Medium
Drought Significant Severe Likely High
Earthquake Extensive Extreme Likely Medium
Erosion Negligible Weak Occasional Low
Expansive Soils Negligible Weak Unlikely Low
Extreme Cold Negligible Weak Unlikely Low
Extreme Heat Significant Moderate Likely Medium
Flood Significant Moderate Likely Medium
Hail Negligible Weak Unlikely Low
Hurricane Negligible Weak Unlikely Low
Landslide Limited Moderate Occasional Medium
Lightning Limited Moderate Occasional Low
Sea Level Rise Negligible Weak Unlikely Low
Severe Wind Limited Moderate Likely Low
Severe Winter Negligible Weak Unlikely Low
Weather
Storm Surge Negligible Weak Unlikely Low
Subsidence Negligible Weak Unlikely Low
Tornado Negligible Weak Unlikely Low
Tsunami Negligible Weak Unlikely Low
Wildfire Extensive Extreme Highly Likely High
TABLE 12: FEMA LOCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 5.1 DATA. 28 of67
May 2, 2023, Item #6
Identified Hazards in Poway
Wildfire - High Threat
Much of the area within the City of Poway's borders is considered a high fire hazard environment. Fire is part of our natural ecology, as history demonstrates that fires have burned periodically throughout the city and adjacent areas. Today, all the factors necessary to support large, intense, and uncontrollable fires remain. What is different in the City of Poway is an increased population with an increase of homes in these so called "wildland urban interface" (WUI) areas, sometimes with little regard to fire's threat. As human activity increases in these interface areas, the incident of fire activity increases as well. This has increased the risks of more and more disastrous fires causing huge losses and amplified the demands on firefighting resources.
Due to the City's location, population and topography it is highly vulnerable to some (e.g. wildfire and flooding), but not all the hazards (e.g. tsunami) are likely to affect the City of Poway.
Extreme Heat and Drought- High Threat
Scientists forecast that average summer temperatures will be 4.8°F higher in the near future, with extreme heat events also becoming more frequent and intense in the region. These heat events present a direct hazard to residents who are at increased risked of medical complications from increased temperatures . Extreme heat events can also impact local air quality conditions through the increase of smog-forming, ground-level ozone levels and result in additional public health concerns. Additionally, these heat events can also lead to periods of prolonged drought. In 2020, California is just three-years removed from a seven-year drought. With the limited water supplies available to the region and as the demand on local water supply increases, the State of California, including the City of Poway, are never far returning to drought conditions.
In addition, the city of Poway could also be impacted by hazards in neighboring cities. The City of San Diego and the unincorporated areas of the County of San Diego are bordering Poway. Their hazards almost mirror Poway's hazards and have the potential to cross boundaries and require a coordinated response between the cities. More information on the hazards of neighboring cities can also be found in the San Diego County Multi-Jurisdictional Hazard Mitigation Plan.
Imminent I Actual Dam Failure - Medium Threat
The Office of Emergency Services maintains the Dam Evacuation Plans for the entire Operational Area. The plans contain information about the physical situation, affected jurisdictions, evacuation routes, unique institutions and event responses. Each plan also contains: a master phone list; inundation maps showing direction of flow and inundation area boundaries; hospitals; multipurpose staging areas; command posts/sites; and mass care and shelter facilities/sites.
Portions of Poway could experience flooding as a result of dam failure at Lake Poway. Poway has an established plan in the event of dam failure or spillage of water over the spillway. In the unlikely event Poway's dam fails or spills, water will flow through the Blue Sky Preserve, across the lower portion of Old Coach Road, and into Lake Hodges. 29 of 67
May 2, 2023, Item #6
Poway Dam is inspected daily, and any discharge is controlled and monitored. If the dam is determined to spill within thirty-six hours, monitoring is increased to every twelve hours.
Monitoring is increased to every six hours when dam spill is expected to occur within twenty four hours. Public notification is also issued at this time with Alert San Diego and door-to-door notification of all downstream residents. Personnel are stationed on the dam to continually monitor the spill way and surrounding area and would notify all impacted parties of imminent spill.
Additional activities include evacuating the Blue Sky Ecological Reserve and suspending park ranger patrols in the Reserve, notifying affected City departments, and issue public notification as necessary. Monitoring of the dam would continue until the discharge has ended.
The Department of Water Resources, Division of Safety of Dams is notified immediately in the event of a dam emergency. This is in accordance with Section 6101 of Division 3 of the California Water Code, when an unprecedented flood or usual or alarming circumstance or occurrence affecting the dam or reservoir exists.
Flood/Dam Inundation - Medium Threat
Local Flooding
A heavy and rapid down pour of rainwater could cause localized flooding for a short period of time. Poway has several flood prone areas from tributaries feeding into the Los Penasquitos Creek drainage basin. Historically, local flooding has occurred in Poway Creek, Rattlesnake Creek, Beeler Creek, and Green Valley Creek; some events considered to meet 100-year flood conditions. Recent improvements to the storm water system and enhanced maintenance activities have significantly reduced risk. The City's purchase and removal of properties over the past decades within the floodway has also reduced risk and potential damage from flooding.
Poway Creek
Properties located south of Poway Creek from Sycamore Canyon Road to Cobblestone Creek _Road would likely experience limited and perhaps no access, depen_ding upon the severity of the flood event. Properties along Vista View Drive, Adah Lane, Welton Lane, Clair Drive, Golden Way, Sycamore Canyon Road, Beeler Creek Terrace and Cobblestone Creek Road, are particularly vulnerable, and could experience access problems.
Rattlesnake Creek
Past flood events along Rattlesnake Creek have impacted properties near Ezra Lane, Midland Road (south of Twin Peaks to Aubrey Street), Sycamore Avenue and York Avenue (south from Norwalk road to Edgemore Street). Recent property purchases, construction of Aubrey Park, and improvements to the storm water system along Community Road will improve flows and assist in reducing potential damage along Rattlesnake Creek.
Beeler Creek
Flooding has occurred along Beeler Creek impacting residents who take access along Old Pomerado Road. Improvements from construction of Scripps Poway Parkway and along 30 of 67
May 2, 2023, Item #6
Old Pomerado Road have reduced the risks somewhat; nonetheless, the area south of Paseo Colina on Old Pomerado Road could experience flooding impairing access.
Green Valley Creek
Localized flooding has occurred on Orchard Bend Road, Sagewood Drive and Martincoit Road in the past necessitating road closures on roads north of Camino Del Valle. Many of the drainages in the area are on private properties and difficult to access which can lead to very localized flooding in areas where residents fail to clear their own facilities.
Old Coach
Old Coach Road has been closed due to flooding at Sycamore Creek crossing just north of the intersection of Old Coach and Espola Roads. This area would also be impacted by overflows or failure of the Lake Poway Dam. An all-weather emergency access road has been provided through the Maderas/Heritage development linking the communities to High Valley Road in the event Old Coach Road is closed.
Earthquake - Medium Threat
A major earthquake occurring in San Diego County could impact the City of Poway and cause many casualties, extensive property damage, fires, flooding, and other ensuing hazards. The effects could be aggravated by aftershocks and by secondary effects of fire, landslides, and dam failure. The time of day and season of the year would also have a profound effect on the number of dead and injured and the amount of damage sustained. Such an earthquake could be catastrophic in its effect on the population and could exceed the response capability of the City of Poway. Damage control and disaster relief support would be required from all local governments and private organizations as well as the State and Federal governments.
Extensive search and rescue operations could be required to assist trapped or injured persons. Emergency medical care, food and temporary shelter would be needed by injured or displaced persons. Identification and burial of the dead would pose difficult problems; and public health would be a major concern. Mass evacuation could be essential to save lives, part_icularly in areas below dams. Many famili~s would be separate<;!, particularly if the earthquake should occur during working hours and a personal inquiry or locator system would be imperative to maintain family support systems. Emergency operations could be seriously hampered by the loss of communications; damage to transportation routes; and by the disruption of public utilities and services.
Extensive local, State and Federal assistance would be immediately required and could continue over an extended period. These recovery efforts would require activities such as:
removal of debris and clearing roadways, demolishing unsafe structures, assisting in reestablishing public services and utilities, and providing continuing care and welfare for the affected population, including temporary housing for displaced persons.
Man-Made
Terrorism and crime can create vulnerabilities within the facilities within the City. The City of Poway is within the flight path of Marine Corps Air Station Miramar and relatively close to Lindbergh Field and Ramona Airport. The possibility of an airplane crash on take-off or approach from any of these facilities is low, but the cumulative hazard from all these facilities is significant.
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May 2, 2023, Item #6
Critical Infrastructure in Poway
Critical Facility Type Jurisdiction Name Counts
EMERGENCY- Fire Poway 3 Departments
EMERGENCY - Emergency Poway 2 Operations Center
EMERGENCY - Sheriff Sub- Poway 1 station
EMERGENCY-SCHOOLS Poway 3 (Evacuation Centers)
EMERGENCY - Water Poway 1 Treatment Plant
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May 2, 2023, Item #6
City of
San Diego
City of Poway
Very High Fire Hazard Severity Zone
City of
Escondid o
Cl~y ll-3!! .. Fi1t! Sta t:on fT .1
G ~ I ·, :;,,
~t~ ~!SCCS: CUy oi Pa-111.,.,. CAL FIRE, S¥1GIS
\t:ry f1i~h Fife t-12:?al'!l< Se•.-er :l)' 2.(!JlfS
Pc·.v.ay City Lirl'li!S □
Count y of
San Diego
0.5 F(t?:t!W.c1y:'5 -
fv13jet R.oa:!i
LO-!:JI Ro.ads.
N
A
1.5 Mi.es
ThK nup p,ro,ldt!~ wlblloa.<: w~n-.intv of ¥l'f kind, r.:.1:-.er ,:,;prM~ or implK-d, incllildlng bu.t nat limited to, th.o lmphed ••~n::t.ntlCY.; o f mnrtl\;uiUbtlty ;r..d i1tnt-:;: far J. p;ir'VcuF.lr curposa. 'l'hH fflill0 has been P'f: Pil.-d tor dc~cr~ p utp0 S~ ona.,•~nd U KCUf.M:Y c..\nnot b~ all,Hi)r' ~W c d LMtRe,~d i/6/2(J21 33 of 67
May 2, 2023, Item #6
5.2 Potential Hazard Exposure and Loss Estimates
Hazard Type
Coastal Storm
ea Level Rise
oastal Flooding 0 0 0 0 0 0 0
0 0 0 0 0 0 0
Dam Failure 0 7 2,720,200 3 907,050 0 0
Earthquake (Loss)
(Annualized Loss -
Includes shaking,
liquefaction and 57 176 98,601,877 52 31,535,105 0 0
landslide
components)
100 Year N/A N/A N/A N/A N/A N/A N/A
500 Year N/A N/A N/A N/A N/A N/A N/A
Floods (Los_s)
100 Year 656 343 133,289,800 64 19,350,400 13 83,088,000 500 Year 3107 1090 423,574,000 134 40,514,900 19 123,108,00 0 Rain-Induced Landslide
High Risk 574 0 0 0 0 0 0
Moderate Risk NIA N/A N/A N/A N/A N/A N/A
Tsunami N/A NIA N/A N/A N/A N/A N/A
Wildfire/Structure Fire
High Fire Hazard 7010 1974 766,899,000 202 61,074,700 10 153,690,00 0 Very High Fire 25,892 5,326 $2,069,683,6 569 172,037,15 47 $713,083,25 Hazard 00 0 0
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May 2, 2023, Item #6
6. SECTION SIX: Develop a Mitigation
Strategy
The mitigation strategy serves as the long-term blueprint for reducing potential losses identified in the risk assessment. The mitigation strategy describes how the community will accomplish the overall purpose, or mission, of the planning process.
The mitigation strategy is made up of three main required components: mitigation goals, mitigation actions, and an action plan for implementation. These provide the framework to identify, prioritize, and implement actions to reduce risk to hazards.
Mitigation goals are general guidelines that explain what the community wants to achieve with the plan They are usually broad policy-type statements that are long-term, and they represent visions for reducing or avoiding losses from the identified hazards Mitigation actions are specific projects and activities that help achieve the goals.
The action plan describes how the mitigation actions will be implemented, including how those actions will be prioritized, administered, and incorporated into the community's existing planning mechanisms. In a multi-jurisdictional plan, each jurisdiction must have an action plan specific to that jurisdiction and its vulnerabilities.
Although not required, some communities choose to develop objectives to help define or organize mitigation actions. Objectives are broader than specific actions, but are measurable, unlike goals. Objectives connect goals with the actual mitigation actions
6.1. Mitigation Action Evaluation
Use this worksheet to help evaluate and prioritize each mitigation action being considered by the planning team. For each action, evaluate the potential benefits and/or likelihood of successful implementation for the criteria defined below.
Rank each of the criteria with a -1, 0 or 1 using the following scale:
• 1 = Highly effective or feasible
• 0 = Neutral
• -1 = Ineffective or not feasible
Example Evaluation Criteria:
• Life Safety - How effective will the action be at protecting lives and preventing injuries? • Property Protection - How significant will the action be at eliminating or reducing damage to structures and infrastructure?
• Technical - Is the mitigation action technically feasible? Is it a long-term solution? Eliminate actions that, from a technical standpoint, will not meet the goals. • Political - Is there overall public support for the mitigation action? Is there the political will to support it?
• Legal - Does the community have the authority to implement the action? 35 of67
May 2, 2023, Item #6
• Environmental - What are the potential environmental impacts of the action? Will it comply with environmental regulations?
• Social -Will the proposed action adversely affect one segment of the population? Will the action disrupt established neighborhoods, break up voting districts, or cause the relocation of lower income people?
• Administrative - Does the community have the personnel and administrative capabilities to implement the action and maintain it or will outside help be necessary? • Local Champion - Is there a strong advocate for the action or project among local departments and agencies that will support the action's implementation? • Other Community Objectives - Does the action advance other community objectives, such as capital improvements, economic development, environmental quality, or open space preservation? Does it support the policies of the comprehensive plan? 36 of 67
May 2, 2023, Item #6
Mitigation Action
Plans and Regulations
Life
Safety StB'lam,11o;eJ1 Political mmt ■ :fu'lli•l1Jl1i:JlttJi Social Administrative Local Champion
other
Community
Objectives
Mitigation Action #1: Promote resistance to the effects of disasters upon development and infrastructure Evaluate and revise the
General Plan to further
promote resistance to the I 1 I 0 I 1 . I 1 I 1 I 1 I 1 I 1 I 1 I 1 :effects of disasters upon Development and
infrastructure
Review and update FEMA
maps regarding flood risk in I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 Powa}:'. as necessa
Evaluate ways to improve
road access for emergency I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 ehicles in remote locations
Update the Water Master
Plan. Evaluate hydrants,
1creating loops, and other I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 means to improve pressure
and volume where needed
Upgrade and improve the
use of technologies used in I
he City's Emergency 0 I 0 I 1 I 1 I 1 I 0 I 1 I 1 I 1 I 0 Oeerations Centers
I I I I I I I I I I Total Score 4 3 5 5 5 4 5 5 5 4
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I
I
I
I
I
I
Total
Score
9 10
10 10
6 45
May 2, 2023, Item #6
Mitigation Action Life Safety Property
Protection Technical Political Legal Environmental Social Administrative Local Champion
Structure and Infrastructure Projects
Mitigation Action #3: Reduce the possibility of damage and losses to people, existing assets and critical facilities/infrastructure due to Wildfire Provide maps of potential
ildfire areas in Poway. I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 Update fire control and
evacuation plans for I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 1 areas near wildland I
egetation
Update the existing safety
plan developed by the fire I
!department for the High 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 allel area.
Upgrade road access,
surface, and grade for fire I
safety equipment at 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1
identified locations.
Update the Water Master
Plan with particular I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 attention to fire system uegrades as needed
Evaluate possible use of
certain City trails as I 1 I 1 I 1 I 1 I 1 I 1 I 0 I 1 I 1 auxiliary routes in emergencl
Maintain improved wildfire
defensible space I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1
strategies
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I
I
I
I
I
I
I
Other
Community
Objectives
1 1
1 1
1 0
1 Total Score
I 10
I 10
I 10
I 10
I 10
I 8
I 10
May 2, 2023, Item #6
Perform
maintenance/clearing
activity to keep 1 1 1 1 1 1 0 1 1 0 8
emergency corridors
accessible.
Total Score 8 8 8 8 8 8 6 8 8 6 76
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May 2, 2023, Item #6
Mitigation Action #4: Reduce the possibility of damage and losses to people, existing assets and critical facilities/infrastructure due to Flooding Provide sand and
sandbags to the public for I
he prevention of flooding 1 I 1 I 1 I 1 I 1 I 0 I 0 I 1 I 1 I 0 I 7 damage or loss
Implement the Drainage
Master Plan and, as
appropriate, evaluate I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 10 channel enlargement and/or detention basins to
regular flow.
Remove sediment and silt
ram channels as needed,
and make structural I 1 I 1 I 1 I 1 I 1 I 1 I 0 I 1 I 1 I 0 I 8 improvements in oodways to maintain
1caeacitt
Update the Poway Dam
Inundation Plan as I 1 I 1 I 1 I 1 I 1 I 1 I 0 I 1 I 1 I 0 I 8 needed
Continue to participate in
he National Flood
Insurance Program and
requirement to review I 1 I 1 I 1 I 1 I 1 I 1 I 0 I 1 I 1 I 0 I 8 1applications for
conformance with NFIP
standards
Total Score I 5 I 5 I 5 I 5 I 5 I 4 I 1 I 5 I 5 I 1 I 41 40 of67
May 2, 2023, Item #6
Mitigation Action #5: Reduce the possibility of damage and losses to people, existing assets and critical facilities/infrastructure due to Geological Hazards {Landslide, Rockslide, Earthquake Perform annual
maintenance of Poway 1 1 1 1 1 I 1 I 0 I 1 I 1 I 1 I 9
Grade
Continue program to
improve and/or retrofit
ater distribution system
and wastewater system to
reduce the impact of
:earthquakes. This I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 10 includes installation of ;seismic valves at critical
ater storage tanks and
1 creating a safe drainage
1 corridor in the event of a
ank failure.
Provide specialized
raining to staff for I 0 I 0 I 0 I 1 I 1 I 0 I 1 I 1 I 1 I 0 I 5 disaster recovery reseonsibilities
I I I . I I I I I I I Total Score 2 2 2 3 3 2 2 3 3 2 I 24 41 of 67
May 2, 2023, Item #6
Mitigation Action #6: Reduce the possibility of damage and losses to existing assets, particularly people, critical facilities/infrastructure and city owned facilities due to severe weather, including extreme heat and drought #1: Maximize the efficient use of water resources in order to improve the community's resiliency to long term drought and extreme heat conditions
Develop / update Drought
Response Plan in
conjunction with the San I 0 I 0 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 8 Diego County Water
uthorit:{
Continue to participate in
he National Weather I 0 I 1 I 1 I 1 I 1 I 1 I 1 I 0 I 1 I 0 I 7 Service StormReady Program I I I I I I
#2: Educate the community about drought, its potential impacts and individual mitigation techniques that they can engage in to help prevent drought or reduce the impact of drought
Encourage residents to
adopt drought tolerant
landscaping or xeriscape I 0 I 0 I 1 I 0 I 0 I 1 I 0 I 0 I 0 I 1 I 3 ractices
Promote water
conservation as a strategy!
o mitigate future drought 0 I 0 I 1 I 1 I 1 I 1 I 1 I 1 I 0 I 1 I 7 1 conditions
I I I .1 I I I I I I I Total Score 0 1 4 3 3 4 3 2 2 3 25 42 of67
May 2, 2023, Item #6
Education and Awareness Programs
Mitigation Action #2: Promote public understanding, support and demand for effective hazard mitigation Educate the public to
increase their awareness I
Iof hazards and ways to 0 I 0 I 1 .1 1 I 1 I 0 I 1 I 1 I 1 I 0 I 6 mitigate damage.
Conduct annual
NIMS/SEMS/ICS review
I
0 I
0 I
1 I
1 I
1 I
0 I
1 I
1 I
1 I
0 I
6 for
Citl'. staff.
Provide public education,
Iout~~~ch and m~ssaging I 0 I 0 I 1 I 1 I 1 I 0 I 1 I 1 I 1 I 0 I 6 act1v1t1es regarding !disaster ereearedness.
Maintain CERT Programs I 0
I
0 I
1 I
1 I
1 I
0 I
1 I
1 I
1 I
0 I
6 Partner with regional
organizations focused on
improved disaster
preparedness. Continue
o target disaster I 0 I 0 I 1 I 1 I 1 I 0 I 1 I 1 I 1 I 0 I 6 preparedness training to
FN populations (seniors
and the disabled) in the
communitf
I I I I I I I I I I I Total Score 0 0 5 5 5 0 5 5 5 0 30 Table 13. FEMA LOCAL MIT/GA TJON PLANNING HANDBOOK WORKSHEET 6.1 DA TA 43 of 67
May 2, 2023, Item #6
6.2. Mitigation Action Implementation
A mitigation action is a specific action, project, activity, or process taken to reduce or eliminate long-term risk to people and property from hazards and their impacts. Implementing mitigation actions helps achieve the plan's mission and goals. The actions to reduce vulnerability to threats and hazards form the core of the plan and are a key outcome of the planning process. This annex details the following mitigation action implementations :
Jurisdiction :
City of Poway
Mitigation Action/Project Mitigation Action #1 Promote resistance to the effects of disasters upon Title: development and infrastructure
Hazards Addressed Wildfires, Drought, Floods, Earthquakes, Dam Failure, Extreme Heat and Landslide .
Background/Issue : The City of Poway has the desire to maintain a commitment to hazard mitigation activities and documentation to best serve the community .
Ideas for Integration : • The General Plan / Safety Element is updated every 8-years. Mitigation Actions from the Hazard Mitigation Plan are included in the updated Safety Element to reflect the priorities.
• The Development Review Committee (DRC) meets every Monday morning to review all plans for new and ongoing construction in the city. The Development Services Department, Fire Department , Public Works and GIS participate in this weekly meeting . All plans are reviewed to ensure Municipal Codes and safety issues are followed before issuing permits, and while building occurs .
• The GIS Department provides maps of the Very High Fire Hazard Zones and FEMA's 100- and 500-year flood plain maps. These maps are review the by Development Service Department and Fire Department for all new construction in the city.
• The Public Works Department reviews all plans to ensure there will be adequate water supply to meet the needs of the fire department in the event of a wildfire or other emen:Iencies.
Mitigation Actions ifhese actions will be integrated into existing city plans, such as the General Plan, written policies, City of Poway Municipal Codes and ordinances and the Poway Dam Emergency Action Plan.
The GIS Department will regularly update the mapping system to reflect flood zones and Very High Fire Hazard Zones.
Department Directors meet on a regular basis to review needs ofthe City. At hese meetings, CIP projects are reviewed and prioritized, and all overarching needs/mitigation actions of the city are reviewed and prioritized. 44 of67
May 2, 2023, Item #6
Responsible Agency: h"he Development Services Department oversees the updating of the General Plan. The Fire Department services on the committee for the update to ensure integration with the Hazard Mitigation Plan.
The GIS Department works with the Development Services Department and Fire Department to provide adequate mapping to ensure safety for our residents. h"he Public Works Department collaborates with the Development Services Department and Fire Department to ensure adequate coverage and available of iwater resources needed to serve the public both dav-to-dav and in emergencies.
Partners: frhe City collaborates with the San Diego County Office of Emergency Services, California Offices of Emergency Services and FEMA .
Consultants are hired on an as needed basis to do research and write plans to !Provide inteqration, cons istence, and follow current citv, state and national laws.
Potential Funding: For more information on potential funding sources and grants, please see the County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section ~.2.
Cost Estimate: Undetermined
Benefits: (Losses Keeping Poway's plans compliant and strengthening resources in the community Avoided) ~o better mitigate disasters .
Timeline: Ongoing
Priority: Medium
Worksheet Completed by: Susy Turnbull/ Fire Department
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May 2, 2023, Item #6
Wurisdiction:
Mitigation Action/Project
rritle:
Hazards Addressed:
Background/Issue:
Ideas for Integration:
Mitigation Actions
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City of Poway
Mitigation Action #2 - Promote public understanding, support and demand !for effective hazard mitigation.
!Wildfires, Drought, Floods, Earthquakes, Dam Failure, Extreme Heat and Landslide
lfhe City of Poway as the desire to increase public understanding and support for ~ffective hazard mitigation planning .
[The Community Emergency Response Team (CERT) and Poway Neighborhood Emergency Corps (PNEC) participate in educating the community on preparedness and mitigation planning throughout the year. Some of the events attended on a regular basis are:
• Emergency Safety Fair, May
• First Responder Day, July
• National Night Out, August
• Fire Department Open House, October
• Great Shakeout, October
PNEC hosts community educational/ preparedness meetings once a quarter in Poway's Council Chambers . These community meetings are open to all residents in Poway, and surrounding Poway. Topics include:
• Presentation by the Fire Chief on the Wildfire Outlook and how to harden your structures and provide defensible space.
• Department of Animal Services on Large Animal Evacuation and how to be prepared
• Sheriff's Department on community safety, calling 9-1-1 and non emergency calls in the event of an emergency.
The City's Public Information Officer regularly posts on the City Website, Nextdoor and all social media sites on preparedness information. The Fire Chief k:Joes a video each year on establishing mitigation efforts on your property (clearing brush, vegetation management, hardening your home) . tThe Ham Radio Operators for Poway Auxiliary Communications Team (PACT) meet on a weekly basis to practice emergency communications, participate in ldrills twice a year, and the Great Shakeout each October. trhese actions will be integrated into the California Wildfire Protection Plan (CWPP).
Department Directors meet on a regular basis to review needs of the City. At lthese meetings, CIP projects are reviewed and prioritized, and all overarching needs/mitigation actions of the city are reviewed and prioritized .
May 2, 2023, Item #6
Responsible Agency: Fire Department
Partners: Poway Neighborhood Emergency Corps (PNEC), County of San Diego Office of Emergency Services, San Diego Sheriff's Department, Public Information Department and Poway Auxiliary Communication Team (PACT) Potential Funding: For more information on potential funding sources and grants, please see the County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section ~.2.
Cost Estimate: Undetermined
Benefits: (Losses Increasing public understanding and support for effective hazard mitigation Avoided)
Timeline: Ongoing
Priority: Low
~orksheet Completed by: Susy Turnbull/ Fire Department
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May 2, 2023, Item #6
I.Jurisdiction:
City of Poway
Mitigation Action/Project
Mitigation Action #3 - Reduce the possibility of damage and losses to tfitle:
people, existing assets and critical facilities/infrastructure due to: WILDFIRES.
Background/Issue: rThe City of Poway has experienced significant damage and losses due to /Wildland fire
Hazards Addressed: !Wildfire
Ideas for Integration: • Collaborate with the GIS Department to provide maps of the Very High Fire Hazard zone
• Meet with the Development Service Department on a regular basis to review plans for new and existing building in the WUI areas. • Integrate the General Plan / Safety Element to discuss areas with limited access and egress
• Review WUI projects to identify fire breaks
• Collaborate with the Parks Department I Public Works department to evaluate possible use of certain City trails as auxiliary routes in emergency
• Collaborate with Code Compliance to determine the need for Vegetation Management of persona property
• Perform maintenance/clearing activity along public areas to keep emergency corridors accessible.
• Meet with the Public Works department and review the Water Maser Plan to ensure adequate water supply in the event of an emergency.
Mitigation Actions These actions will be integrated into existing city plans, such as the General Plan, written policies, City of Poway Municipal Codes and ordinances.
Ttie GIS Department will regularly update the mapping system to reflect flood · 7 ones and Very High Fire Hazard Zones.
Department Directors meet on a regular basis to review needs of the City. At hese meetings, CIP projects are reviewed and prioritized, and all overarching needs/mitigation actions of the city are reviewed and prioritized.
Responsible Agency: GIS
Fire Department
Development Services Department
Public Works Department
Partners: CalFire, San Diego County Sheriffs Department, San Diego County Office of Emergency Services, contractors
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May 2, 2023, Item #6
Potential Funding: For more information on potential funding sources and grants, please see the County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section
6.2. Cost Estimate: Undetermined
Benefits: (Losses Reduce the possibility of damage and losses to existing assets , including people Avoided) and critical infrastructure , due to wildland fire. rnmeline: Ongoing
Priority: High
Worksheet Completed by: Susy Turnbull / Fire Department 49 of 67
May 2, 2023, Item #6
!Jurisdiction:
Mitigation Action/Project
rT"itle:
Backg rou nd/lss ue:
Hazards Identified:
Ideas for Integration:
Mitigation Actions
Responsible Agency:
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City of Poway
Mitigation Action #4- Reduce the possibility of damage and losses to people, existing assets and critical facilities/infrastructure due to FLOODING.
The City of Poway has experienced damage and losses due to severe winter storms/flooding
Flooding
• Provide sand and sandbags to the public for the prevention of flooding damage or loss.
• Collaborate with the Community Emergency Response Team and Poway Neighborhood Emergency Corps volunteers to staff sandbag sites in the event of an emergency .
• Implement the Drainage Master Plan and, as appropriate, evaluate channel enlargement and/or detention basins to regular flow.
• Remove sediment and silt from channels as needed and make structural improvements in floodways to maintain capacity.
• Update Poway Dam Inundation Plan as needed .
• Continue to participate in the National Flood Insurance Program and requirement to review applications for conformance with NFIP standards . • Collaborate with the Public Information Officer to communicate flooding preparedness/ prevention when anticipating rainstorms. Inform the public of sandbag sites.
• Meet with the Development Services Department on a regular basis to review all plans of new buildings and improved building to ensure properties are protected from flooding .
• Provide maps to the community to educate on the FEMA 100 and 500 flood maps.
• Clear creek beds of debris and vegetation growth to mitigate flooding during rainstorms.
• Improve the integrity of creeks/canals to prevent flooding and debris buildup in rainstorms.
rThese actions will be integrated into existing city plans, such as the General Plan, written policies, City of Poway Municipal Codes and ordinances and the Poway Dam Emergency Action Plan.
rThe GIS Department will regularly update the mapping system to reflect flood izones and Dam Inundation.
Department Directors meet on a regular basis to review needs of the City. At lthese meetings, CIP projects are reviewed and prioritized, and all overarching needs/mitigation actions of the city are reviewed and prioritized.
Public Works Department
Fire Department
Development Services Department
May 2, 2023, Item #6
Partners: Contractors, consultants, FEMA, Regulatory Agencies (Army Corps of Engineers, Department of Fish and Wildlife, Regional Water Quality Control Board
Potential Funding: For more information on potential funding sources and grants, please see the County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section ~.2.
Cost Estimate: Undetermined
Benefits: (Losses Reduce the possibility of damage and losses to existing assets, including people ~voided) and critical infrastructure, due to severe winter storms/flooding Timeline: Ongoing
Priority: High
/Worksheet Completed by: Susy Turnbull/ Fire Department 51 of 67
May 2, 2023, Item #6
Uurisdiction:
Mitigation Action/Project
lfitle :
Background/Issue :
Hazard Identified :
Ideas for Integration:
Mitigation Actions
Responsible Agency :
Partners :
Potential Funding :
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City of Poway
Mitigation Action #5- Reduce the possibility of damage and losses to people, existing assets and critical facilities/infrastructure due to: GEOLOGICAL HAZARDS (Landslide, rockslide, earthquake).
lfhe City of Poway is at risk for damage and losses due to landslide , rockslide and earthquake .
Landslides , rockslide , earthquake, Dam Failure
• Perform annual maintenance of Poway Grade
• Continue program to improve and/ or retrofit water distribution system and wastewater system to reduce and impact of earthquakes . This includes:
o Installation of seismic valves at critical water storage tanks o Creating a safe drainage corridor in the event of a tank failure. • Provide specialized training to staff for disaster recovery responsibilities • Collaborate with the Development Services Department to ensure all new building and improvements follow City, County and State codes to withstand the impact of an earthquake .
• Regularly review the Poway Dam Emergency Action Plan and update as needed
o Do an annual call down of emergency contacts to ensure correct contact information
o Collaborate with the Development Services Department to review new building plans in the Dam Inundation areas
o Update contact information of residents/commercial buildings in the Dam Inundation area and ensure correct contact information is in the AlertSanDiego / WEA system
rThese actions will be integrated into existing city plans, such as the General Plan, written policies , City of Poway Municipal Codes and ordinances and the Poway Dam Emergency Action Plan.
rThe GIS Department will regularly update the mapping system to reflect flood zones, Very High Fire Hazard Zones and Dam Inundation . · Department Directors meet on a regular basis to review needs of he City. At these meetings, CIP projects are reviewed and prioritized, and all overarching needs/mitigation actions of the city are reviewed and prioritized.
Public Works
Fire Department
Development Services Department
FEMA, California Specialized Training Institute (CSTI), County Office of Emergency Services,
City of San Diego Office of Emergency Services
For more information on potential funding sources and grants , please see the County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section
6.2. May 2, 2023, Item #6
Cost Estimate: Undermined
Benefits: (Losses Reducing the possibility of damage and losses to existing assets, including \Avoided) people and critical infrastructure, due to landslide, rockslide and earthquake. rrimeline: Ongoing
Priority: Medium
Worksheet Completed by: Susy Turnbull/ Fire Department
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May 2, 2023, Item #6
Jurisdiction:
City of Poway
Mitigation Action/Project Mitigation Action #6 - Reduce the possibility of damage and losses to ifitle: ~xisting assets , particularly people, critical facilities/infrastructure, and city owned ~acilities due to severe weather, including extreme heat and drought.
Background/Issue: rT°he City of Poway has the potential to experience damage and losses due to the ~ffects of extreme heat and drought.
Hazard Identified Drought, Earthquake, Erosion, Expansive Soils, Extreme Heat, Landslide Ideas for Integration: • Maximize the efficient use of water resources in order to improve the community's resilience to long term drought and extreme heat conditions. 0 Develop/ update Drought Response Plan in conjunction with the San Diego County Water Authority.
0 Continue to participate in the National Weather Service StormReady Program.
• Educate the community about drought, its potential impacts and individual mitigation techniques that they can engage in to help drought or reduce the impact of drought.
0 Encourage residents to adopt drought tolerant landscaping or xeriscape practices .
0 Promote water conservation as a strategy to mitigate future drought conditions
Mitigation Action rT°hese actions will be integrated into existing city plans, such as the General Plan, written policies, City of Poway Municipal Codes and ordinances. [The GIS Department will regularly update the mapping system to reflect flood tzones and Very High Fire Hazard Zones.
Department Directors meet on· a regular basis to review needs of ~he City. At these meetings, CIP projects are reviewed and prioritized, and all overarching needs/mitigation actions of the city are reviewed and prioritized.
Responsible Agency: Public Works Department
Fire Department
City Manager's Office (PIO)
Partners: National Weather Service, National Oceanic and Atmospheric Administration (NOAA), San Diego County Office of Emergency Services
Potential Funding: For more information on potential funding sources and grants, please see the County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section
6.2. Cost Estimate: Undetermined
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May 2, 2023, Item #6
Benefits: (Losses Reducing the possibility of damage and losses to exist ing assets, including ~voided) people and critical infrastructure, due to effects of extreme heat and drought. rTimeline: Ongoing
Priority: Medium
Worksheet Completed by: Susy Turnbull/ Fire Department
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May 2, 2023, Item #6
7. SECTION SEVEN: Keep the Plan Current
Hazard Mitigation Plan maintenance is the process the planning team establishes to track the plan's implementation progress and to inform the plan update. The plan must include a description of the method and schedule for monitoring, evaluating, and updating it within a 5-year cycle.
These procedures help to:
• Ensure that the mitigation strategy is implemented according to the plan. • Provide the foundation for an ongoing mitigation program in your community. • Standardize long-term monitoring of hazard-related activities. • Integrate mitigation principles into community officials' daily job responsibilities and department roles.
• Maintain momentum through continued engagement and accountability in the plan's progress.
Hazard Mitigation Plan updates provide the opportunity to consider how well the procedures established in the previously approved plan worked and revise them as needed. This annex is part of the most recent San Diego County Multi-Jurisdictional Hazard Mitigation Plan update. The plan was last updated in 2018. See the San Diego County Multi-Jurisdictional Hazard Mitigation Plan for more information.
7.1. Mitigation Action Progress
Plan monitoring means tracking the implementation of the plan over time. The plan must identify how, when, and by whom the plan will be monitored.
• Revisions, as needed, were not made to the 2017 plan to update the progress. Most Mitigation Action in the 2017 plan are part of the daily tasks of departments listed in the actions and did not warrant updating the 2017 plan.
• The City of Poway strives to meet a)I Government Codes and the Poway Municipal Code when developing and improving buildings to ensure safety for the residents of Poway.
Revisions were not made in the 2017 plan to reflect changes in development in the city as all Government and Municipal Codes were followed and revision of this plan was not necessary.
• Priorities did not change in the 2017 plan, therefore, revisions were not made. Any updates/revisions needed on an on-going basis will be identified and listed in the 2023 Plan as new Mitigation Actions.
• The City of Poway work will the San Diego County Office of Emergency Services to provide guidance as the owner of the 2023 Multi-Jurisdictional Hazard Mitigation Plan for monitoring and tracking the implementation of the 2023 Plan. • The Disaster Preparedness Coordinator will monitor the implementation of the plan and work directly with the County Office of Emergency Services for updates and revisions. The County is setting up a system to review the plan on a regular basis for the next five years. 56 of67
May 2, 2023, Item #6
Progress Report Period From Date: December 2017 I To Date: March 2022 ~ction/Project Title Mitigation Action #1 - Promote resistance to the effects of disasters upon development and infrastructure.
~- The General Plan can be updated to further promote resistance to the effects of disasters upon development and infrastructure .
• Evaluate and revise the General Plan policies as necessary • Review and update FEMA maps regarding flood risk in Poway as necessary
• Evaluate ways to improve road access for emergency vehicles in remote locations
• Update the Water Master Plan with particular attention to fire system upgrades as needed
• Upgrade and improve the use of technologies used in City's Emergency Operations Center
• Maintain improved wildfire defensible soace strateaies Responsible Agency Development Services Department
!Contact Name Bob Manis
!Contact Phone/Email 858-668-4601
bmanis@,powav.orq
Project Status o Projects on schedule
o Anticipated completion date: ongoing projects
Summary of Project Progress for this .Report Period .
1. What was accomplished for this project during this reporting period? • Completed the update to the Housing Element of the General Plan • Started the update to the Safety Element of the General Plan. • Continue to review and update FEMA maps
• Continue to implement the wildfire defensible space strategies
2. What obstacles, problems, or delays did the project encounter? • none
3. If uncompleted, is the project still relevant? Should the project be changed or revised? • These are ongoing items and will be included in the 2023 Plan.
4. Other comments:
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May 2, 2023, Item #6
Progress Report Period From Date: December 2017 I To Date: March 2022 ~ction/Project Title Mitigation Action #2 - Promote public understanding , support and demand for effective hazard mitigation .
A. Educate the public to increase their awareness of hazards and ways to mitigate damage .
• Conduct annual NIMS/SEMS/ICS review and training for appropriate City staff and the City Council
• Provide public education and outreach activities regarding disaster preparedness
• Maintain CERT program
• Partner with regional organizations focused on improved disaster preparedness. Continue to target disaster preparedness training to AFN populations (seniors and the disabled community) in the county.
Responsible Agency Fire Department
K;ontact Name Susy Turnbull
Contact Phone/Ema il 858-668-44 7 4
sturnbull@12owa~.org
Project Status o Project on schedule
o Anticipated completion date: This is an ongoing project Summary of Project Progress for this Report Period
1. What was accomplished for this project during this reporting period? • New staff members are instructed to take NIMS/ICS training. • Disaster Preparedness Coordinator facilitated numerous outreach activities to educate the public on disaster preparedness
• CERT academies where held each year for new CERT members. Quarterly training provided for current CERT members.
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May 2, 2023, Item #6
• CERT partnered with Poway Neighborhood Emergency Corps (PNEC) to provide preparedness & response training to all aspects of the community.
2. What obstacles, problems, or delays did the project encounter? • COVID affected the ability for almost two years to engage with the public face-to-face, however, adaptations were made to provide training with drive-thru and zoom events.
3. If uncompleted, is the project still relevant? Should the project be changed or revised? • This project is ongoing and relevant as a mitigation action and was rewritten into Mitigation Action# 2 for the 2023 MJHP update.
4. Other comments
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May 2, 2023, Item #6
Progress Report Period
!Action/Project Title
Responsible Agency
:Contact Name
K;ontact Phone/Email
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From Date: December 2017 I To Date: March 2022
Mitigation Action #3 - Reduce the possibility of damage and losses to people, new and existing assets, and critical facilities/infrastructure due to:
!wildfires, flooding, geological hazards (landslide, rockslide, earthquake), and manmade hazards.
IA. Plan and prepare for damage and loss to wildfire.
• Update maps of potential wildfire areas in Poway
• Update fire control and evacuation plans for areas near wildland vegetation
• Update the existing safety plan developed by Safety Services for the High Valley area, including a third road into and out of the area • Upgrade road access, surface, and grade for fire safety equipment at identified locations
• Update the Water Master Plan. Evaluate adding hydrants, creating loops, and other means to improve pressure and volume where needed. • Evaluate possible use of City trails as auxiliary routes in an emergency.
B. Plan and prepare for damage and loss to flooding.
• Provide sand and sandbags to the public for the prevention of flooding damage or loss
• Implement the Drainage Master Plan and, as appropriate, evaluate channel enlargement and/or detention basins to regulate flow • Remove sediment and silt from channels as needed, and make structural improvements in floodways to increase capacity • Update Poway Dam Inundation Plan as needed
• Continue to participate in the National Flood Insurance Program and requirement to review applications for conformance with NFIP standards
C. Plan and prepare for damage and loss to geological hazards (landslide, rockslide, earthquake).
• Develop and action plan to mitigate possible damage from landslide or rockslide on Poway Grade and Pomerado Road
• Continue program to improve and/or retrofit water distribution system and wastewater system to reduce the impact of earthquakes . This includes installation of seismic valves at critical water storage tanks and creating a safe drainage corridor in the event a tank fails. • Provide specialized training to staff for disaster recovery responsibilities.
Fire Department
Development Services Department
Public Works Department
Jeff Chumbley
Bob Manis
Eric Heidemann
858-668-4461 I jchumbley@poway .org
858-668-4601/ bmanis@poway .org
858-668-4716 I eheidemann@oowav .ora
May 2, 2023, Item #6
Project Status o Projects on schedule
o Anticipated completion date: These are ongoing projects Summary of Project Progress for this Report Period
1. What was accomplished for this project during this reporting period? A. Wildfire:
• Updated Mutual Threat Zone maps with CalFire and surrounding jurisdictions. • Continued to enhance defensible space requirements related to new development in VHFHSA. • Developing a defensible space inspection program in adherence to AB 38. • Continuing vegetation management for properties enrolled in the city's weed abatement program and wildfire defensible space program.
B. Flooding:
• Poway Dam inundation plan was updated and approved.
• Continue to participate in the NFIP and maintain a Class 8 in the CRS program. • Continue to implement the drainage master plan.
C. Geological:
• Continue to improve the water distribution system to reduce the impact of potential earthquakes by evaluating structural components for seismic safety of water storage tanks.
2. What obstacles, problems, or delays did the project encounter? A. Wildfire:
• Staffing, budget constraints, conflicts with resource agency regulations. • Clearing issues involving multiple properties
• Cost prohibitive for property owners to clear defensible space.
B. Flooding:
• Community compliance
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May 2, 2023, Item #6
C. Geological:
• None
3. If uncompleted, is the project still relevant? Should the project be changed or revised? • These are ongoing projects
4. Other comments
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May 2, 2023, Item #6
Progress Report Period From Date: December 2017 I To Date: March 2022 Action/Project Title Mitigation Action #4: Reduce the possibility of damage and losses to ~xisting assets, particularly people, critical facilities / infrastructure , and city pwned facilities due to severe weather, including extreme heat and drought.
Responsible Agency
tontact Name
Contact Phone/Email
Project Status
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~ - Maximize the efficient use of water resources in order to improve the ~ommunity 's resiliency to long term drought and extreme heat conditions . • Develop/update Drought Response Plan in conjunction with the San Diego County Water Authority
• Continue to participate in the National Weather Service StormReady Program
B. Educate the community about drought, its potential impacts and individual mitigation techniques that they can engage in to help prevent drought or reduce he impact of drought.
• Encourage residents to adopt drought tolerant landscaping or xeriscape practices
• Promote water conservation as a strategy to mitigate future drought conditions and include criteria for drought related mitigation actions .
Public Works, Utilities (Jessica)
Development Services Department
Fire Department, Disaster Preparedness
City Manager's Office (PIO)
Jessica Parks
Melody Rocco
Susy Turnbull
Rene Carmichael
858-668-4703 I jparks@poway .org
858-668 -4653 I mrocco@poway .org
858-668 -4474 I sturnbull@poway .org
858-668-4506 I rcarmichael@poway .org
o Project completed (# A)
o Anticipated completion date: Project ongoing (# B)
May 2, 2023, Item #6
Summary of Project Progress for this Report Period
1. What was accomplished for this project during this reporting period? A. Poway's Water Shortage Contingency Plan was adopted by the City Council in June 2021.
This plan addresses water supply contingency planning and drought planning for Poway along with establishing water management requirements necessary to conserve water, enable effective water supply planning, and ensure reasonable and beneficial use of water. This plan correlates with both the State of California's drought contingency plan and the San Diego County Water Authority's water shortage contingency plan.
B. The Public Information Officer (PIO) provides multiple social media posts regarding the drought and water conservation. The Disaster Preparedness Coordinator holds community meetings and attends public fairs and events educating the community on the drought and steps homeowners can take to minimize the drought.
2. What obstacles, problems, or delays did the project encounter? • None
3. If uncompleted, is the project still relevant? Should the project be changed or revised? Item 4 (B) is ongoing and relevant as a mitigation action and was rewritten into Mitigation Action# 6 of the 2023 MJHMP update.
4. Other comments
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May 2, 2023, Item #6
7.2. Plan Update Evaluation
Planning
Process
Capability
Assessment
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Should new jurisdictions and/or
districts be invited to participate
in future plan updates?
Have any internal or external
agencies been invaluable to the
mitigation strategy?
Can any procedures (e.g.,
meeting announcements ,
plan updates) be done
differently or more efficiently?
Has the Planning Team
undertaken any public outreach
activities?
How can public
participation be
im roved?
Have there been any changes
in public support and/or
decision- maker priorities
related to hazard miti ation?
Have jurisdictions adopted new
policies, plans , regulations, or
reports that could be
incorporated into this plan?
Are there different or
additional administrative,
human, technical, and
financial resources available
for miti ation lannin ?
Are there different or new
education and outreach
programs and resources
available for mitigation
activities?
es - as new business and partners develop in Poway,
hey should be involved in hazard and risk assessments
nd updates made in the plan as necessary. These new
businesses and partners should be involved in the next
iteration of the full lannin rocess.
he County of San Diego Office of Emergency Services
taff have been invaluable in leading this Multi
urisdictional planning process. With their guidance, the City of Poway utilized the knowledge internal departments nd local artners to develo this u dated Ian.
Conducting meetings via Zoom and Micro Soft teams
proved to be efficient in this planning process. I would recommend using these means of meeting in the future. It is recommended we have annual meetings to provide
uidance for updates and revisions of the plan to better re are us for the next lannin c cle.
his planning team is relying on the County of San Diego Office of Emergency Services to develop the online tool to urvey to do public outreach. These tools are then
isseminated via social media to local partners and
ommunit members in the Ci of Powa .
Developing a survey and having it available earlier in the process.
Priorities have not changed. Decisions makers on the Local Planning Team constantly change with staff turnover.
he City of Poway completed the Emergency Action Plan fo Poway Dam in 2021. The city also completed the Ris
ssessment and Emergency Response Plan for the Wate
reatment Plant. The Emergency Operations Plan wa
updated and approved in 2021. The City is in the·process o updating the General Plan (Safety Element) anticipating doption in the Spring of 2023. The mitigation action
identified in the MJHMP have been integrated into the dra update of the General Plan Safety Element with all goal being adopted for implementation. The current Safe
Element was adopted in 1994. Future documents will
ontinue to reference and incorporate the MJHMP to ensur cohesive mitigation strategy for the City.
he City of Poway was awarded $1,901,866 (with a 25%
ost share) Hazard Mitigation Grant in 2020. This is to
remove hazardous tress and debris along two major
vacuation routes in the city. There are no additional
human resources available.
In the Spring of 2022, the Poway Fire Department adopted he California Wildfire Protection Plan (CWPP) focused on preparedness and education for our community. The Fire
Department continues the relationship with the Poway
Neighborhood Emergency Corps (PNEC) and Community
Emergency Response Team (CERT) to provide education
nd outreach in the communi .
May 2, 2023, Item #6
Has NFIP participation changed in No changes, this is ongoing. The City is an active the participating jurisdictions? participant in the NFIP.
Has a natural and/or !Yes, COVID-19, the worldwide pandemic affected the technical or human-caused community of Poway.
disaster occurred?
Should the list of hazards lA.II hazards listed in this plan have been address and addressed in the plan be Mitigation Actions have been modified for the 2023 plan to modified? address the need.
Are there new data sources The city maintains and updates the GIS database in an and/or additional maps and ongoing basis. Maps addressing the Very High Fire Hazard Risk studies available? If so, what are Zone, FEMA Flood Maps and Seismic Faults are reviewed they and what have they on a regular basis. These risks have not changed, Assessment revealed? Should the ~herefore, the maps have not changed. information be incorporated into
future olan uodates?
Do any new critical facilities or tThere is no new Critical Infrastructure added to the City of infrastructure need to be added Poway in the past 5 years. to the asset lists?
Have any changes in !Commercial Development has occurred along Poway development trends occurred Road, called the Poway Road Corridor Project. Some that could create additional housing development has occurred in the City in the past 5 risks? 1Years. Before any new buildings or tenant improvements !are made, all plans are reviewed by the Development
Review Committee (DRC). The DRS consists of the
Building and Engineer Department, the Fire Department I Fire Prevention, Public Works Water Department and the
Sheriffs Department. Plans will not be approved unless
hey meet the strict Poway Municipal Codes (PMC) for the !City, the County Codes, State Codes and all Government Regulations. Overall, vulnerability has not increased due to strict building codes and continued capabilities of the fire kleoartment.
Are there repetitive losses lA.ccording to the 2022 FEMA Repetitive Loss Summary and/or severe repetitive losses Report, the City of Poway has 9 Repetitive Loss properties, to document? and 2 Severe Repetitive Loss properties .
TABLE 14: FEMA L OCAL MIT/GA TION PLANNING HANDBOOK WORKSHEET 7.2 DA TA .
7.3 Implementation
Once the Multi-Jurisdictional Hazard Mitigation Plan is adopted by the San Diego County Board of Supervisors, the Local Planning Committee will present the Poway's Annex to the City Council for approval. This will be an item on the consent calendar. Once adopted by City Council, documentation in implementation of these Mitigation Actions will formally begin.
These mitigation actions will be integrated into the General Plan, the Emergency Operations Plan, the Emergency Action Plan for Poway Dam, and the California Wildfire Prevention Plan (CWPP).
There was little change in the population of Poway in the past 10 years . In 2010, the census was 47,811 . In 2020, the census of Poway was 48,421. This minor increase had little to no effect on the vulnerabilities in the jurisdiction.
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May 2, 2023, Item #6
Leadership from the Development Service team, Fire Department, GIS, and Law Enforcement meet on a regular basis to review all new plans submitted to the city, and all tenant improvements submitted. Each department carefully reviews all plans and must approve before moving forward. 67 of67
May 2, 2023, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
May 2, 2023
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
[email protected]
CITY COUNCIL
Approval of Amendment to Employment Agreement for the City Manager The City Council conducted its annual performance evaluation of the City Manager, Chris Hazeltine, wherein the City Council determined that the City Manager has exceeded its expectations. Based on this positive evaluation, the City Council desires to amend the City Manager Employment Agreement to increase the City Manager's compensation.
Recommended Action:
It is recommended the City Council authorize the Mayor to execute the Fourth Amendment (Attachment A) to the City Manager Employment Agreement between the City of Poway and Chris Hazeltine.
Discussion:
Chris Hazeltine has served as City Manager since May 6, 2019. Per the terms of the City Manager Employment Agreement (Attachment B), the City Council is required to conduct an evaluation of the City Manager's performance every year, where it may consider performance-based salary adjustments.
The City Council conducted its performance evaluation on April 4, 2023, and determined that the City Manager is entitled to increased compensation based upon his positive performance. The Fourth Amendment would increase the City Manager's base salary from $271,975 to $292,374, an increase of 7.5%.
Environmental Review:
This item is not subject to review under the California Environmental Quality Act (CEQA). 1 of21
May 2, 2023, Item #7
Fiscal Impact:
The total current annual cost of the $20,399 base salary increase, including benefits, would be $22,635.
Public Notification:
None.
Attachments:
A. Fourth Amendment to City Manager Agreement
B. City Manager Chris Hazeltine Employment Agreement
Reviewed/ Approved
By:
w~~a ~
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager
May 2, 2023, Item #7
FOURTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
THIS FOURTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT ("Fourth Amendment") is made and entered into effective the 1st day of May, 2023, by and between the City of Poway, a municipal corporation ("City") , and Chris Hazeltine, an individual ("City Manager").
RECITALS
1. City and City Manager entered into that certain "CITY MANAGER EMPLOYMENT AGREEMENT," dated April 2, 2019 and effective May 6, 2019 (the "Agreement"), by which City and the City Manager established the terms, conditions, compensation and other benefits for the City Manager's employment by the City.
2. City and City Manager entered into that certain First Amendment to the Agreement ("First Amendment"), effective December 3, 2019, that certain Second Amendment to the Agreement ("Second Amendment"), effective March 16, 2021, and that certain Third Amendment to the Agreement ("Third Amendment"}, effective March 15, 2022.
3. The Agreement requires the City Council to conduct a yearly evaluation of the City Manager's performance, where it may consider adjustments to the Agreement.
4. On April 4, 2023, the City Council conducted the performance evaluation contemplated by the Agreement, wherein the City Council determined that the City Manager has exceeded the City Council's expectations.
5. The City Council and City Manager desire to enter into this Fourth Amendment to reflect the City Manager's positive performance, effective retroactively to May 1, 2023.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Section 4(A)(1 )(a) is hereby replaced in its entirety to read as follows:
The annual base salary for the position of City Manager shall be $292,374. This salary will be increased at the same time and amount as that of other Poway management employees in the Management/Confidential Group 1.
Section 2. Except as otherwise amended by this Fourth Amendment, all other terms and conditions of the Agreement, as amended, shall remain in full force and effect. [Signatures on Following Page]
1 3 of 21 Attachment A
May 2, 2023, Item #7
IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed the day and year first above written.
CITY OF POWAY CITY MANAGER
By _____________ _ By _____________ _
Steve Vaus, Mayor Chris Hazeltine
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
Alan Fenstermacher, City Attorney
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May 2, 2023, Item #7
CITY MANAGER EMPLOYMENT AGREEMENT
Between the City of Poway, a Municipal Corporation,
and Christopher Hazeltine
1. Parties and Date
This Agreement is dated April 2, 2019, and is effective as of May 6, 2019, by and between the City of Poway, California, a municipal corporation (the "City"), and Christopher Hazeltine, an individual (the "City Manager").
A. The City requires the services of a City Manager.
B. The City Manager has the necessary education, experience, skills and expertise to serve as the City's City Manager;
C. The City Council of the City (the "City Council") desires to employ the City Manager to serve as the City Manager of City;
D. The Parties desire to execute this Agreement pursuant to the authority of and subject to the provisions of Government Code Section 53260 et seq.; and E. In consideration of these Recitals and the performance by the Parties of the promises, covenants, and conditions herein contained, the Parties agree as provided in this Agreement.
2. Employment
The City hereby employs the City Manager as its City Manager, and the City Manager hereby accepts such employment.
3. Commitments and Understandings
A. The City Manager's Commitments
(1) Duties & Authority
(a) The City Manager shall be the Chief Executive Officer of the City and be responsible to the City Council for the proper administration of all affairs of the City. (b) The City Manager shall perform all of the duties of the City Manager as set forth in Section 2.08.070 of the Poway Municipal Code (the "Municipal Code"), the California Government Code, and City policies and procedures approved by the City Council, as may be provided from time to time.
(c) The City Council has designated and may also designate the City Manager as the chief executive of other City-related legal entities. Such other legal entities include the Poway Housing Authority; the City in its capacity of successor agency to the former 5 of 21 Attachment B
May 2, 2023, Item #7
Redevelopment Agency of the City of Poway; the City's financing authority; and its joint powers authorities.
(d) To accomplish this, the City Manager shall have the power and be required to:
(i) Attend all meetings of the City Council, unless excused by the Mayor, and take part in the discussion of all matters before the City Council. (ii) Review all agenda documents before preparing the agenda for any regular or special meetings of the City Council. (iii) Direct the work of all appointive City officers and departments that are the concern and responsibility of the City Council, except those that are directly appointed by or report directly to the City Council. The City Manager may undertake any study or investigation that is necessary or desirable, or as directed by the City Council. The City Manager shall endeavor to implement changes that the City Manager believes will result in greater efficiency, economy, or improved public service in the administration of City affairs. (iv) Recommend to the City Council adoption of such measures as the City Manager may deem necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services. (v) Consolidate or combine offices, positions, departments, or units under the City Manager's jurisdiction. The City Manager may be the head of one or more City departments.
(vi) Conduct research in administrative practices in order to bring about greater efficiency and economy in City government and develop and recommend to the City Council long-range plans to improve City operations and prepare for future City growth and development.
(vii) Provide management training and develop leadership qualities among department heads and staff as necessary to build a City management team that can plan for and meet future challenges.
(viii) Exercise control of City government in emergencies as authorized by the Municipal Code and California law.
(2) Hours of Work
(a) The City Manager is an exempt employee without set hours of work but is expected to be available at all times and to engage in those hours of work that are necessary to fulfill the obligations of the City Manager's position. (b) The City Manager shall spend sufficient hours on site to perform the City Manager's duties; however, the City Manager has discretion over the City Manager's work schedule and work location.
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May 2, 2023, Item #7
(3) Disability or inability to perfonn
In the event the City Manager becomes mentally or physically incapable of performing the City Manager's functions and duties with reasonable accommodation, the City Council may apply for disability retirement of the City Manager, pursuant to California Government Code section 21153 and any other applicable provisions oflaw .
B. City Commitments
(1) The City shall provide the City Manager with the compensation, incentives and benefits, specified elsewhere in this Agreement.
(2) The City shall provide the City Manager with office space, staff, equipment, supplies, automobHe allowance, and all other facilities and services adequate for the perfonnance of the City Manager's duties.
(3) The City shall pay for or provide the City Manager reimbursement for all actual business expenses. The City shall provide the City Manager a credit card to charge appropriate and lawful business expenses.
(4) The City agrees to pay the professional dues and subscriptions on behalf of the City Manager for participation in national, regional, state, or local associations and organizations, as necessary and desirable for the good of the City, and for the City Manager's continued professional participation and advancement.
(5) The City agrees to pay the travel and subsistence expenses of the City Manager for purposes such as official functions, meetings, occasions, short courses, institutes and seminars that are necessary for the good of the City or for the professional development of the City Manager.
(6)
by City policy.
The City shall provide a monthly cell phone allowance of $75 as established C. City Council Commitments
( l) The City Council sets policy for the governance and administration of the City, and it implements its policies through the City Manager. (2) Except for the purpose of inquiry, the City Council and its members shall deal with all subordinate City employees, officers, contractors, and consultants solely through the City Manager or the City Manager's designee, and neither the City Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately. (3) The City Council agrees none of its individual members will order the appointment or removal of any person to any office or employment under the supervision and control of the City Manager.
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May 2, 2023, Item #7
( 4) The City Council agrees that any criticism of a City staff member shall be done privately through the City Manager.
(5) Neither the City Council nor any of its members shall interfere with the execution of the powers and duties of the City Manager. The City Manager shall take orders and instructions from the City Council only when it is sitting as a body in a lawfully held meeting.
D. Mutual Commitments
(I) Performance Evaluation
(a) The City Council recognizes that for the City Manager to respond to its needs and to grow in the performance of the City Manager's job, the City Manager needs to know how the City Council members evaluate the City Manager's performance. To assure that the City Manager gets this feedback, the City Council shall conduct an evaluation of the City Manager's perfonnance after 6 months of employment and then annually thereafter within 45 days of the anniversary date of the City Manager's employment, and/or when it deems necessary to discuss any concerns or direction in performance . At the time of evaluation, the City Council may consider performance-based salary adjustments.
(b) The City Council and City Manager shall jointly define goals and performance objectives which they deem necessary for the proper operation of the City in the attainment of the City Council's policy objectives and shall establish the relative priority among the various goals and objectives.
(2) ICMA Code of Ethics
(a) The Parties acknowledge that the City Manager is committed to the ideals of the International City/County Management Association ("ICMA") . The Parties mutually desire that the City Manager be subject to and comply with the ICMA Code of Ethics. (b) The City Manager commits to comply with the ICMA Code of Ethics.
(c) The City and the City Council agree that neither the City Council nor any of its members will give the City Manager any order, direction, or request that would require the City Manager to violate the ICMA Code of Ethics.
4. COMPENSATION
The City agrees to provide the following compensation to the City Manager during the term of the agreement:
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May 2, 2023, Item #7
A. Compensation & Required Employer Costs
( 1) Base Salary
(a) The annual base salary for the position of City Manager shall be $230,000. Commencing November 7, 2019, this salary will be increased at the same time and amount as that of other Poway management employees in the Management/Confidential Group I.
The salary of the City Manager shall be at a similar market position as Poway department directors and other management staff.
(b) The City Manager shall be paid at the same intervals and in the same manner as regular City employees; in the event that there are more than twenty-six pay periods in a calendar year the periodic payments shall be adjusted accordingly so that the salary shall not exceed any amount approved by the City Council.
(c) The City shall not at any time during the term of this Agreement reduce the base salary, compensation or other financial benefits of the City Manager, unless as part of a general City management salary reduction, and then in no greater percentage than the average reduction of all City department heads.
(2) Required Employer Costs
(a) Federal Insurance Contributions Act (FICA) (if applicable), including Medicare .
(b) Unemployment Compensation.
( c) Public Employees Retirement System (PERS)
The City contracts with the California Public Employees' Retirement System for retirement benefits. The City will pay the City's share, and the City Manager shall pay the employee's share (e.g., 7%), for participation in PERS as a Tier 2 classic member.
( d) The cost of any fidelity or other bonds required by law for the City Manager.
( e) The cost to defend and indemnify the City Manager as provided in Section 7(F) below.
(f) Workers' Compensation.
B. Basic Benefits
(1) Holidays
The City Manager is entitled to those paid holidays in accordance with the provisions of the Salary and Benefit Plan for the Management Confidential Group 1. 5 9 of 21
May 2, 2023, Item #7
(2) Leave Allowance
The City Manager shall receive the same vacation, executive and sick leave accrual and benefits as provided to the Group 1 Management class of City employees, based on tenure commencing with an accrual rate of 199 .21 vacation hours per year, up to a maximum of 200% of one year's eligibility, commensurate with his years of service in local government. The City Manager shall be paid for any unused accrued vacation upon either voluntary or involuntary tennination of employment. Upon the effective date of this agreement, the City Manager shall be granted a vacation balance of 40 hours.
(3) Automobile
The City Manager shall be provided a monthly automobile allowance of $633.33 ($7,600 annually) in exchange for making a vehicle available for the City Manager's own use and for City related business and/or functions during, before and after nonnal work hours. The City Manager is not precluded from using City vehicles for City business during, before, and after the normal workday on occasion, when appropriate .
(4) Benefits that Accrue to Other Employees
The City Manager shall be entitled to all benefits, rights, and privileges accorded to non public safety City Department Directors except as otherwise provided in this Agreement. If there is any conflict between this Agreement and any resolution fixing compensation and benefits for non-- public safety City Executive Management employees or other non-- classified employees, this Agreement shall control.
5. SECURITY
A. Pensions
( 1) Public Employees Retirement System (PERS)
For the purposes of PERS reporting, the City shall incorporate into the reported base pay as compensation earnable, but only to the extent, if any, that PERS will consider it to be compensation eamable, the Section 4.A(l) base pay . City Manager is a Tier 2 classic member of CalPERS ("PERS") , and as such, City Manager is obligated to contribute to PERS at the same level as all other classic PERS members in the City's Management/Confidential Group 1, which is currently 8% of base salary.
(2) Pre-Retirement Optional Settlement 2W Death Benefit This benefit will be provided by the City.
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May 2, 2023, Item #7
(3) Deferred Compensation
(a) Section 457 Plan
The City will make, in equal proportionate amounts each pay period, a pro-rated total annual contribution of $20,000 into a qualified Section 457 Plan from one of the City approved plans as selected by the City Manager, $19,000 of which shall be pursuant to the generally applicable annual limit, and the remaining $1,000 as an age 50 or older "catch up" contribution.
Amounts contributed under this section shall be to the benefit of the City Manager in accordance with the Deferred Compensation Plan participation agreement. (b) Internal Revenue Code Compliance
All provisions of this Section 5(A) are subject to the provisions and limitations of the Internal Revenue Code and its related regulations as amended from time to time. No requirement of any provision of this Section 5(A) shall be effective if it would violate any provision of the Internal Revenue Code or its related regulations.
B. Insurance
(1) Disability Insurance
Short and Long-Term Insurance is provided.
6. SEPARATION
A. Resignation/Retirement
The City Manager may resign at any time and agrees to give the City at least 45 days' advance written notice of the effective date of the City Manager's resignation, unless the Parties otherwise agree in writing. If the City Manager retires from full time public service with the City, the City Manager may provide six months' advance notice. The City Manager's actual retirement date will be mutually established.
B. Termination & Removal
(1) Manager is an at-will employee serving at the pleasure of the City Council as provided in Government Code Section 36506.
(2) The City Council may remove the City Manager at any time, either with or without cause, by a majority vote of its members at a noticed and conducted meeting of the City Council. Notice of termination shall be provided to the City Manager in writing. The City Council may also elect not to renew this Agreement. Notice of nonrenewal shall also be provided to the City Manager in writing. The City Council understands that termination or nonrenewal of employment without cause could result in an adverse financial impact not completely mitigated by any severance compensation as provided in this Agreement. Therefore, the City Council agrees that if termination or nonrenewal is made without cause it shall provide not less than 180 days' notice of termination or nonrenewal to the City Manager. If the City Manager resigns after 7 11 of 21
May 2, 2023, Item #7
receiving notice of termination, the resignation shall be considered "involuntary" as described in Section 6(0) of this Agreement. Termination as used in this section shall also include a request that the City Manager resign, a reduction in salary or other financial benefits of the City Manager (excluding a general City Management salary reduction), a material reduction in the powers and authority of the City Manager, or the elimination of the City Manager's position. Any such notice of termination or act constituting termination shall be given at or effectuated at a duly noticed and conducted meeting of the City Council.
(3) As provided in Municipal Code Section 2.08.090, the City Manager shall not be terminated during the 90-day period following any City election for membership on the City Council.
C. Severance Pay
(1) In the event the City Manager is terminated by the City Council during such time that the City Manager is willing and able to perform the City Manager's duties under this Agreement, and the City Manager signs, deliyers to the City Council and does not revoke, the General Release Agreement in the form attached hereto as Exhibit A (the "Release"), the City shall pay the City Manager a lump sum cash payment equal to the lesser of (a) the actual number of months' salary remaining on the current term of employment and the cash equivalent of health (medical, dental and vision) benefits for that same period, or (b) twelve (12) months' base salary and cash equivalent of health (medical, dental and vision) benefits then in effect as provided in Section 4(A) above. Such severance compensation is expressly contingent on the execution, delivery, and non-revocation of the Release. It is the intention of the parties that this paragraph complies with the requirements of Government Code Section 53260 et seq. In the event of any conflict between this provision and those code sections, the terms of those code sections shall govern the contractual relationship between the employer and employee. (2) In addition, the City shall extend to the City Manager the right to continue health insurance as may be required by and pursuant to the terms and conditions of the Consolidated Omnibus Budget Reconcilia~ion Act of 1986 (COBRA). (3) In the event the City refuses, following written notice of non-compliance, to comply with any provision in this Employment Agreement benefiting the City Manager, or the City Manager resigns following a suggestion, whether formal or informal, by a majority of the City Council that the City Manager resign, then, in that event, the City Manager may, at the City Manager's option, be deemed to be "terminated" as of the date of such refusal to comply or suggestion to resign and this severance pay provision shall be actuated. ( 4) All payments required under this Section 6 are subject to and shall be interpreted to comply with the limitations set forth in Government Code Section 53260. (5) This section does not apply to the decision of the City Council not to renew the City Manager's term upon its expiration.
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May 2, 2023, Item #7
D. Involuntary Resignation
(1) In the event that the City Council formally or a majority of the City Council informally asks the City Manager to resign, then the City Manager shall be entitled to resign and still receive the severance benefits provided in Section 6(C) above. (2) The City Manager has relied upon the provisions of the Municipal Code upon entering into this Agreement, as it pertains to the City Manager's role, powers, duties, authority, responsibilities, compensation, and benefits. In the event the City Council adds, deletes or amends the Municipal Code without the consent of the City Manager, and such addition, deletion or amendment is inconsistent with the terms of this Agreement and the City Manager's role, powers, duties, authority, responsibilities, compensation and benefits as currently provided, then the City Manager shall have the right, at the City Manager's sole option, to give the City Council notice that such amendment(s) constitute a request by the City Council for the City Manager's involuntary resignation.
(3) Upon receipt of such notice the City Council shall have thirty days in which to do one of the following: (a) rescind the amendment(s); (b) renegotiate this Agreement to the City Manager's satisfaction; (c) confirm that the City Manager is being asked to involuntarily resign; or (d) take no action. In the event that either (c) or (d) occurs, or the City is unable to accomplish (b), then the City Manager is entitled to resign and still receive the severance benefits provided in Section 6(C) above.
E. Separation for Cause
(1) Notwithstanding the provisions of Section 6(C), the City Manager may be terminated for cause. As used in this section, "cause" shall mean only one or more the following:
(a) Conviction of, or no contest plea to, a felony;
(b) Conviction of, or no contest plea to, any illegal act involving moral turpitude or personal gain;
( c) Continued abuse of non-prescription drugs or alcohol that materially affects the performance of the Manager's duties;
( d) Any act constituting a knowing and intentional violation of the City's conflict of interest code; or
(e) Repeated and protracted unexcused absences from the City Manager's office and duties;
(2) In the event the City terminates the City Manager for cause, then the City may terminate this Agreement immediately, and the City Manager shall be entitled to only the compensation accrued up to the date of termination, payments required by Section 6(F) below, and such other termination of benefits and payments as may be required by law. The City Manager shall not be entitled to any severance benefits provided by Section 6(C). 9 13 of 21
May 2, 2023, Item #7
(3) If the City Manager is terminated for cause, and "cause" meets the definition of "abuse of office or position," as defined in Government Code section 53243.4, the provisions of Government Code sections 53243 through 53243.4 shall apply and prevail over any contrary terms and conditions of this Agreement.
F. Payment for Unused Leave Balance
(I) On separation from City employment, the City Manager shall be paid for unused accrued leave allowances provided in Section 4(B)(2) above in accordance with the current salary and benefits plan for Management/Confidential Group 1 employees. Accumulated leave balances shall be paid at the City Manager's monthly base salary rate at the effective date of separation.
(2) In the event the City Manager dies while employed by the City under this Agreement, the City Manager's beneficiaries or those entitled to the City Manager's estate, shall be entitled to the City Manager's earned salary, and any in-lieu payments for accrued benefits, including compensation for the value of all accrued leave balances.
G. Joint Statements of Separation
In the event ofresignation or retirement of the City Manager, termination by the City (with or without cause), or other separation of employment as described in the Section 6, the City and the City Manager agree that neither any member of the City Council, or the City's management staff, nor the City Manager, shall make any written, oral or electronic statement to any member of the public, the press, or any City employee concerning the City Manager's termination or separation, except in the form of a joint press release or statement, the contents of which is mutually agreeable to both the City and the City Manager. The joint press release or statement shall not contain any text or information that is disparaging to either Party. Either Party may verbally repeat the substance of this Section 6(0), and the joint press release or statement, in response to any inquiry.
7. MISCELLANEOUS PROVISIONS
A. Term
The initial term of this Agreement shall be for a period of thirty-six (36) months beginning 12:00 a.m. May 6, 2019 and continuing until 12:00 a.m. May 6, 2022 (the "initial Termination Date").
B. Subsequent Terms
Unless the City gives the City Manager written notice of non-renewal at least 180 days prior to the initial Termination Date or the termination date of any Renewal Term (as hereinafter defined) this Agreement may be renewed by the parties for one or more additional terms of up to three (3) years each, each renewal term to be reflected by a written amendment signed by the parties. If the parties cannot mutually agree to the term of any renewal this Agreement shall continue in effect for automatic renewals of one (I) year each ( whether renewed by amendment or renewed by operation of this Section each, a "Renewal Term"). 14 of 21
May 2, 2023, Item #7
C. Provisions that Survive Termination
Many sections of this Agreement are intended by their terms to survive the City Manager's termination of employment with the City, including but limited to Sections 6 and 7(E). These sections, and the others so intended, shall survive termination of employment and termination of this Agreement.
D. Amendments
This Agreement may be amended at any time by mutual agreement of the City and the City Manager. Any amendments are to be negotiated, put in writing, and adopted by the City Council.
E. Conflict of Interest
(1) The City Manager shall not engage in any business or transaction or have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties.
(2) The City Manager shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to the City Manager's City employment.
(3) The City Manager is responsible for submitting to the City Clerk the appropriate Conflict of Interest Statements at the time of appointment, annually thereafter, and at the time of separation from the position.
F. Indemnification
( l) To the full extent of the law, the City shall defend and indemnify the City Manager, in his capacity as City Manager, and as the chief executive of other City-related legal entities as provided in Section 3(A)(l)(c) above, against and for all losses sustained by the City Manager in direct consequences of the discharge of the City Manager's duties on the City's behalf for the period of the City Manager's employment, save and except those losses sustained as a result of the willful act or omission of the City Manager, including any "abuse of office or position," as described in Section 6(E)(3) of this Agreement.
(2) The City shall defend, save harmless and indemnify the City Manager against any tort, professional liability claim, or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the City Manager's duties as City Manager. The City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. (3) Whenever the City Manager shall be sued for damages arising out of the performance of the City Manager's duties, the City shall provide defense counsel for the City Manager in such suit and indemnify the City Manager from any judgment rendered against the City Manager; provided that such indemnity shall not extend to any judgment for damages arising out of any willful wrongdoing. This indemnification shall extend beyond termination of 11 15 of 21
May 2, 2023, Item #7
employment and the otherwise expiration of this Agreement to provide protection for any such acts undertaken or committed in the City Manager's capacity as City Manager, regardless of whether the notice of filing of a lawsuit occurs during or following employment with the City.
This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies that the City Manager may have under the law. (4) The City and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the City Manager, while acting within the scope of the City Manager's duties , from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the City or any party affiliated with or otherwise claiming under or through it, regardless of any prior, concurrent, or subsequent active or passive negligence by the City Manager .
G. Severability
If any clause, sentence, part, section, or portion of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, such clause, sentence, part, section, or portion so found shall be regarded as though it were not part of this Agreement and the remaining parts of this Agreement shall be fully binding and enforceable by the Parties hereto.
H. Laws Affecting Title
In addition to those laws affecting a City Manager, the City Manager shall have the same powers, rights and responsibilities as a Chief Executive Officer, City Administrative Officer, Administrator, and City Administrator as those terms are used in local, state or federal laws.
I. Jurisdiction and Venue
This Contract shall be construed in accordance with the laws of the State of California, and the Parties agree that venue shall be in San Diego County, California, notwithstanding any conflicting provisions of the California Code of Civil Procedure.
J. Provisions of Government Code Section 53243.4
(I) In the event that the City provides paid leave to City Manager pending an investigation of a crime involving abuse of his office or position covered by Government Code section 53243.4, and should that investigation lead to either a criminal conviction or a civil or administrative penalty by the FPPC or any similarly authorized agency, City Manager shall fully reimburse the City for any salary provided for that purpose . (2) In the event that the City provides funds for the legal criminal defense of City Manager pending an investigation of a crime involving abuse of his office or position covered by Government Code section 53243.4, and should that investigation lead to either a criminal conviction or a civil or administrative penalty by the FPPC or any similarly authorized agency, City Manager shall fully reimburse the City for any funds provided for that purpose. (3) In the event that the City provides City Manager with severance, or any other type of cash settlement related to the termination of City Manager, and City Manager 12 16 of 21
May 2, 2023, Item #7
subsequently is convicted of a crime, or subjected to civil or administrative penalties, resulting from abuse of his office or position covered by Government Code section 53243.4, City Manager shall fully reimburse the City for any such severance or cash settlement.
K. Entire Agreement
This Contract represents the entire agreement of the Parties, and no representations have been made or relied upon except as set forth herein. This Contract may be amended or modified only by a written, fully executed agreement of the Parties. 13 17 of 21
May 2, 2023, Item #7
IN WITNESS WHEREOF the Parties have executed this Agreement as of the day and year first above written .
CITY OF POWAY CITY MANAGER
Steve Vaus , Mayor ~lrristop~
ATTEST:
APPROVED AS TO FORM:
Alan Fenstermacher, City Attorney
14 18 of 21
May 2, 2023, Item #7
GENERAL RELEASE AGREEMENT
This General Release Agreement ("Release Agreement") is entered into by and between CHRISTOPHER HAZELTINE ("Manager") and CITY OF POWAY, a general law city and municipal corporation ("City"), in light of the following facts:
A. Manager and City have previously entered into that certain City Manager Employment Agreement Between the City of Poway, a Municipal Corporation, and Christopher Hazeltine, dated April 2, 2019 (the "Employment Agreement"), setting forth the terms and conditions of City's employment of Manager as its City Manager.
B. As part of the consideration in the Employment Agreement the parties agreed to the terms and conditions of this Release Agreement in the event that Manager's employment with City was terminated under certain circumstances.
C. Manager's employment with City concluded on __
D. Certain disputes have arisen between City and Manager.
E. City and Manager each deny any liability whatsoever to the other.
F. City and Manager wish to fully and finally resolve any and all disputes they may have with each other.
G. Manager is hereby informed that he has twenty-one (21) days from receipt of this Agreement to consider it. City hereby advises Manager to consult with his legal counsel before signing this Agreement.
H. Manager acknowledges that for a period of seven (7) days following the signing of this Agreement ("Revocation Period"), he may revoke the Agreement. This Agreement shall not become effective or enforceable until the day the Revocation Period has expired.
I. Manager acknowledges that the Salary Payment referenced in paragraph 1 of this Agreement.represents all compensation, including salary, accrued benefit balances and reimbursed expenses, due and payable to him through the date of employment termination (the "Salary Payment"). Manager also acknowledges that City has made this Salary Payment without regard to whether he signs this Agreement. The Salary Payment does not constitute consideration for this Agreement.
FOR GOOD AND VALUABLE CONSIDERATION, INCLUDING THE
COVENANTS CONTAINED HEREIN, MANAGER AND CITY HEREBY AGREE AS FOLLOWS:
I. Receipt of Salary Payment. Manager hereby acknowledges receipt of a check or checks for all compensation owing to him, including salary, accrued benefit balances and reimbursed expenses ("Salary Payment") from City.
Exhibit A
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May 2, 2023, Item #7
2. Severance. Within seven (7) days following Manager's signing and delivering this Release Agreement to the City, and provided that Manager has not revoked this Release Agreement during the Revocation Period, City shall pay Manager the gross amount provided for in Section 6(C) of the Employment Agreement (the "Severance"), less applicable deductions.
Manager acknowledges that the Severance is in addition to all amounts earned by Manager, and due and owing him as a result of his employment by City, including the Salary Payment.
3. General Release. In consideration of the Severance to be paid and provided to Manager, and other good and valuable consideration, Manager hereby releases and discharges City and its past and present elected and appointed officers, officials, employees, representatives and agents, from all rights, claims, causes of action, and damages, both known and unknown, in law or in equity, concerning and/or arising out of his employment by City which he now has, or ever had, including but not limited to any rights, claims, causes of action or damages arising under Title VII of the Civil Rights Act of 1964, the Vocational Rehabilitation Act of 1973, the Employee Retirement Income Security Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefits Protection Act, the Family and Medical Leave Act of 1993, the Domestic Partners Act of 2003, the California Labor Code, the Private Attorneys General Act of 2004, the California Moore-Brown-Robert Family Rights Act, the California Unruh Civil Rights Act, the California Fair Employment and Housing Act, any other federal, state, or local employment practice legislation, or any federal or state common law, including wrongful discharge, breach of express or implied contract, or breach of public policy.
Manager hereby waives and relinquishes all rights and benefits afforded by section 1542 of the Civil Code of California. Manager understands and acknowledges the significance and consequences of this specific waiver of section 1542. Section 1542 of the Civil Code of California states as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Notwithstanding the provisions of section 1542, and for the purpose of implementing a full and complete release and discharge of City and its past and present elected and appointed officers, officials, employees, representatives and agents, Manager expressly acknowledges that this General Release is intended to include in its effect, without limitation, all claims which he does not know or suspect to exist in his favor.
Manager further acknowledges that he has read this General Release and that he understands that this is a general release, and that he intends to be legally bound by the same.
Exhibit A
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May 2, 2023, Item #7
4. Fees and Costs. Manager and City agree that in the event of litigation relating to this Release Agreement, the prevailing party shall be entitled to recover his/its reasonable attorneys' fees and costs.
Dated: April 2, 2019
CITY OF POWAY CITY MANAGER
Steve Vaus, Mayor
ATTEST:
-----
APPROVED AS TO FORM:
Alan Fenstermacher, City Attorney
Exhibit A
--2-'1-of 21- --
May 2, 2023, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
May 2, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /M
Austin Silva, Senior Planner A~
[email protected] or (858) 668-4658
CITY COUNCIL
Variance (VAR) 20-002/Conditional Use Permit (CUP) 20-006/Minor Development Review Application (MDRA) 20-017, a request to construct and operate a wireless communication facility containing a tower feature that exceeds the maximum building height, in the Creekside Plaza shopping center located at 13573 Poway Road, in the Commercial General district of the Poway Road Specific Plan Following advertisement of the public hearing on April 20, 2023 for VAR 20-002/CUP 20-006/MDRA 20- 017 the Applicant requested the item be continued to a future City Council meeting. At this point there is not a new date scheduled for the public hearing. The public hearing will be readvertised once a new City Council date is determined.
Recommended Action:
It is recommended the City Council continue the public hearing for VAR 20-002/CUP 20-006/MDRA 20- 017 to a date uncertain.
Discussion:
None.
Environmental Review:
Not applicable since the item is being continued.
Fiscal Impact:
None.
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May 2, 2023, Item #8
Public Notification:
The public hearing will be readvertised once a date is set for the public hearing.
Attachments:
None.
Reviewed/Approved By:
Wendyserman
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
2 of 2
May 2, 2023, Item #8
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
May 2, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services (bA
Jeff Beers, Special Projects Engineer
(858) 668-4624 or jbeers@poway .org
CITY COUNCIL
Award of Contract to Marcon Engineering, Inc., for the Lake Poway Upper Playground Renovation Project, Bid No. 23-008, Appropriation of Additional Funds and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
This action will award a construction contract for the demolition of the existing upper playground at Lake Poway and construction of a new playground . The project also includes the construction of a new Americans with Disabilities Act (ADA) accessible parking space adjacent to the playground.
Recommended Action:
It is recommended the City Council:
(1) Award the contract for the Lake Poway Upper Playground Renovation project to Marcon Engineering, Inc., in the amount of $1,546,190.34 and authorize the City Manager to execute the contract (Attachment A);
(2) Appropriate additional funds in the amount of $400,000 from the Park Improvement Fund (4110-30504112) for construction of the Lake Poway Upper Playground Renovation Project (CIP #PK020); and
(3) Make a determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA).
Discussion:
The Lake Poway Recreational Area is a regional park serving all segments of the community. The recreation amenities at the lake include fishing, hiking, and family play at the two playgrounds . This project will replace the upper playground. The City received a grant through the California State Department of Parks and Recreation, that will pay for a portion of the construction costs.
The Lake Poway Upper Playground Renovation project scope includes replacement of all the existing play structures with modern, non-customized equipment that represent the Lake Poway Recreational Area in theme and color. The new equipment will expand the capacity of the playground with larger and ADA-accessible play structures. Having new equipment will make it easier for the Public Works 1 of 12
May 2, 2023, Item #9
Department to obtain replacement parts . The proposed project will also replace the existing poured in-place and wood chip mulch surfacing with the padded tile system used throughout the other playground renovation projects and construct a shade structure covering most of the play structures .
The contract time for this project is 140 working days with an enginee r's estimate of $1,191,000. Bids were opened on March 29, 2023. The following 6 bids were received:
Company Total Bid Amount Corrected Amount
Blue Pacific Engineering & Construction $1,148,000.00
Marcon Engineering, Inc. $1,546,190.35 $1,546,190.34
Alvand Construction, Inc. $1,807,000.00
GEM Industrial, Inc. $1,848,000.00
De La Fuente Construction, Inc. $1,870,442.00 $1,807,442.00 KYA Services LLC $1,942,942.00
Blue Pacific Engineering & Construction submitted a request to withdraw their bid due to errors made prior to submitting the bid (Attachment B). Based upon review by the City Attorney of documentation provided, the bid can be withdrawn pursuant to Public Contract Code Section 5103. The next lowest bidder, Marcon Engineering, Inc., is recommended for the award of this contract.
The construction will begin June 2023 and progress through December 2023. Only minor impacts to the surrounding park are anticipated during construction .
Environmental Review :
The proposed remodel of an existing playground 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 interior modification of an existing playground with no expansion of use.
Fiscal Impact :
Approval of this item will result in an additional appropriation of $400,000 from the Park Improvement Fund (4110-30504112) to the Lake Poway Upper Playground Renovation project account (PK020).
There is approximately $2,000,000 currently available in the Park Improvement Fund for this additional appropriation . The revised budget of $1 ,800,000 will include the cost for the construction contract , 15% construction contingency and the cost for required special inspections.
Public Notification:
None.
Attachments:
A. Contract (full bid specifications are on file with Development Services Department) B. Blue Pacific Engineering & Construction Bid Withdrawal Reviewed/Approved By:
~~ ~ Wendy serman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
May 2, 2023, Item #9
Lake Poway Upper Playground Renovation Project
SECTION 8
CONSTRUCTION CONTRACT
CITY OF POWAY
LAKE POWAY UPPER PLAYGROUND RENOVATION
This Contract made and entered into this 3rd day of May, 2023, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Marcon Engineering, Inc., hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows:
1. The complete Contract includes all of the Contract Documents, which are
2. 3.
4. 3 of 12
incorporated herein by this reference, and include:
a. This Contract
b. Contract Addenda
c. Contract Change Orders
d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications
f. Contract Plans
g. General Condition
h. Special Conditions
i. Standard Specification for Public Works, most current edition The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all.
Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: The Lake Poway Upper Playground Renovation project includes the demolition of the existing playground structures, and removal of selected concrete sidewalk and handrails. The project also includes the installation of new playground structures and surfacing and the construction of a new ADA parking stall and sidewalk.
Contractor agrees to perform all the said work and furnish all the said materials at their own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council.
ATTACHMENT A 1
May 2, 2023, Item #9
Lake Poway Upper Playground Renovation Project
5. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $1,546,190.34 the "Contract Price."
6. 7.
8. 9.
10. 11.
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City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions.
Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 140 Working Days after the date specified in the Notice to Proceed.
Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum of $500.00 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City.
By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty.
In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately , and in no case more than twenty-four (24) hours , after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed.
Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway . Federal prevailing wage rates apply for federally funded projects.
Travel and subsistence pay shall be paid in accordance with Labor Code§ 1773.1.
Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by Contractor or by any subcontractors under Contractor) less than the prevailing rate described above on the work provided for in this Contract.
Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and§ 1812 which stipulates that the Contractor and subcontractors shall keep an accurate 2 May 2, 2023, Item #9
Lake Poway Upper Playground Renovation Project
record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813.
12. Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract.
13. Contractor, by executing this Contract, hereby certifies:
"I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph."
Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California.
14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City.
15. a. Contractor shall procure and maintain at its own expense, until completion of 5 of 12
performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors.
Contractor shall provide insurance on an occurrence, not claims-made basis.
Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period.
b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, 3 May 2, 2023, Item #9
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Lake Poway Upper Playground Renovation Project
servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same.
Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers' compensation requirements .
o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, 4 May 2, 2023, Item #9
Lake Poway Upper Playground Renovation Project
volunteers, agents and independent contractors, that result from such failure by Contractor .
16. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City.
b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction · in coverage or limits.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers , employees, servants, volunteers, agents and independent contractors.
17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 7 of 12
officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees , subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless , indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are 5 May 2, 2023, Item #9
18. 19.
20. 21.
22. 23 .
24. 25.
26. 8 of 12
Lake Poway Upper Playground Renovation Project
determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein.
Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval , extension, or consent must be in writing in order to be effective .
The Contract Documents conta in all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction , such invalidity or unenforceability shall not affect any of the remaining phrases , sentences, clauses , paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.
The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract.
This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors , and assigns.
In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules , standards and ordinances.
This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.
After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials , and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials , except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California .
All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including , without limitation, the plans of Contracto r and any of its suppliers .
Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such 6 May 2, 2023, Item #9
Lake Poway Upper Playground Renovation Project
manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work.
27. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City.
28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2.
29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705.
30. a. Contractor shall, without disturbing the condition, notify City, in writing, as 9 of 12
soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or
iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions . If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.
d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.
7 May 2, 2023, Item #9
Lake Poway Upper Playground Renovation Project
31 . This Contract is to be governed by the laws of the State of California.
32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment.
City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank)
10 of 12 8
May 2, 2023, Item #9
Lake Poway Upper Playground Renovation Project
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written.
Contractor's Name:
Print Name of Construction Company
By:
Signature
Print Name
Contractor information:
Address for Notices and Payments
Telephone Number :
Email:
ATTEST :
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM :
RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
11 of 12
CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
9 May 2, 2023, Item #9
City of Poway
Jeff Beers
13325 Civic Center Drive
Poway, CA 92064
[email protected]
Date: 03/30/2023
Subject: Lake Poway Upper Playground Renovation Bid Withdraw! Due to a clerical error in our bid pricing we would like to request that our bid be withdrawn from consideration on this project.
Sincerely,
Shahram Elihu
President
Blue Pacific Engineering & Construction
[email protected]
cell:619-788-9428
12 of 12 ATTACHMENT B
May 2, 2023, Item #9
1 �.���
1 .F"� AGENDA REPORT CityofPoway
\����Gj/ CITY COUNCIL
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
May 2, 2023
Honorable Mayor and Members of the City Cojcil
Eric Heidemann, Director of Public Works f.
Tim McDermott, Interim Director of Finance �
Brad Rosen, Assistant Director of Finance Operations f-/� (858) 668-4452 or [email protected]
Approval of Agreement Between the City of Poway and Convergint Technologies, LLC for the purchase and installation of an electronic security system at the Lester J.
Berglund Water Treatment Plant and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) The City's current analog camera system at the Lester J. Berglund Water Treatment Plant has outlived it useful life. The electronic security system upgrade project involves the replacement of the existing security camera system and implementation of an enterprise level security control system. The proposed system will enhance visibility within and around the treatment plant to improve security and assist with operations of the site.
Recommended Action:
It is recommended the City Council award the contract for the Water Treatment Plant Security Upgrades project to Convergint Technologies,
LLC in the amount of $223,886.32 and authorize the
City Manager to execute the agreement (Attachment A) and related documents.
Discussion:
The Water Treatment Plant Security Upgrades project includes the replacement of an existing security camera system that monitors the Water Treatment Plant grounds. The existing camera system has outlived its useful life and the software that operates the system is no longer supported. The scope of this project includes removing existing security cameras and installing 21 new Axis cameras, conduit, network cabling, Hewlett Packard Enterprise (HPE) server/storage hardware, and HPE Aruba network equipment to support the expanded security system.
In addition to the new hardware and installation, the proposed system implements the Genetec Security Center unified security platform. The Genetec solution includes more efficient recording and 1 of 27
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May 2, 2023, Item #10
monitor ing capabilities and provides a platform for future expansion to other City facilities for video, access control and alarming. The platform provides for greater physical protection with real time event monitoring and advanced intelligence of the captured video. Additionally, the Genetec solution is utilized by the San Diego County Sheriffs Department and implementation within the City will facilitate the ability to provide secure access-controlled data to the Sheriff staff if needed.
The City is a. member of several cooperative purchasing organizations including Sourcewell, which establishes and provides nation-wide, competitively solicited purchasing contracts that can be utilized by member agencies, such as the City. For efficiency and optimal pricing, it is recommended that the City enter into an agreement with Convergint Technologies, LLC through the procurement agreement available through Sourcewell contract number 030421-CTL. Poway Municipal Code Section 3.28.11 O authorizes the City to participate in cooperative purchasing agreements as an economical alternative to the bidding process. Convergint Technologies has successfully completed similar security system projects with the San Diego County Sheriffs Department and the City of Vista.
Environmental Review:
The proposed replacement of security cameras to an existing facility is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 (c) of the CEQA Guidelines, in that the project involves improvements to an existing facility with no expansion of use.
Fiscal Impact:
The cost of the electronic security system project is $223,886.32. In addition, a 10% contingency for unforeseen costs in the amount of $22,388.00 brings the total project budget to $246,274.32. There is sufficient funding available in the Water Treatment Plant Security Upgrades project account (WT038 - $89,602.08) and the Utility Systems Operations and Maintenance Security Enhancement Program (401060-43080 - $156,672.24) to fund the contract plus contingency.
Public Notification:
None.
Attachments:
A. Agreement with Convergint Technologies, LLC
Reviewed/Approved By:
Assistant City Manager
2 of 27
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
May 2, 2023, Item #10
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 3rd day of May, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and Convergint Technologies LLC (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform Electronic Security Implementation for the Water Treatment Plant Security Upgrades Project;
WHEREAS, Consultant is a technology and systems integrator consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of27
1 ATTACHMENT A
May 2, 2023, Item #10
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of27 2
May 2, 2023, Item #10
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
1:8] 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
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.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of27 3
May 2, 2023, Item #10
years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession.
Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of a or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees.
(b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
6 of27 4
May 2, 2023, Item #10
( c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers . (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
(h) TO THE FULLEST EXTENT ALLOWED BY LAW, NOTWITHSTANDING
ANYTHING IN THE AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER
CONSULTANT OR CITY BE LIABLE TO THE OTHER PARTY HERETO OR TO ANY
INDEMNITEE FOR SPECIAL, INDIRECT, INCIDENTAL, LIQUIDATED OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO COMMERCIAL LOSS, LOSS OF USE OR
LOST PROFITS (WHETHER AS A DIRECT OR CONSEQUENTIAL DAMAGE), EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION
SET FORTH IN THIS SECTION SHALL APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT OR OTHER THEORY ."
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant:
(a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
7 of27 5
May 2, 2023, Item #10
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees.
Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
May 2, 2023, Item #10
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of Cal PERS 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.
26. In the event that Consultant discovers or suspects the presence of hazardous materials at City's facility where the Work is to be performed, Consultant is entitled to stop the Work at that facility if such hazardous materials were not introduced to the site by Consultant.
Consultant in its sole discretion shall determine when it is "safe" to return to perform the Work at City's facility. Consultant shall have no responsibility for the discovery, presence, handling, removing, remediating or disposal of or exposure of persons to hazardous materials in any form at the City's facility . City shall indemnify and hold harmless Consultant from and against claims, damages, losses and expenses, including but not limited to, reasonable attorney's fees, arising out of or resulting from undisclosed hazardous materials at City's facility.
27. City acknowledges that Consultant is not collecting or processing any biometric information under this Agreement although the products (including embedded software) provided by Consultant are capable of collecting biometric information. City agrees and will comply with any and all applicable local, state or federal laws, ordinances, rules or regulations (collectively, "Laws") with respect to collecting biometric information using the products provided under this Agreement. City will defend, indemnify and hold Consultant harmless from and against any and all claims, suits, actions, legal proceedings, liabilities, damages, fines, fees, penalties, costs and expenses arising out of or relating to City's collection of biometric information. (Remainder of page intentionally left blank)
9 of27 7
May 2, 2023, Item #10
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By: __________ _
Chris Hazeltine, City Manager
Date: ___________ _
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By: _____________ _
Alan Fenstermacher, City Attorney
10 of 27
CONVERGINT TECHNOLOGIES, LLC
8 By:-----------
Zac Rose, General Manager
Date: ------------
May 2, 2023, Item #10
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the purchase or security cameras and software and installation services further described in the Scope of Services submitted with the proposal dated April 3, 2023, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the fee proposal submitted with the proposals dated April 3, 2023, which are included in this document as Attachment 1. Total fee is not to exceed $223,886.32. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
C. Term of Agreement.
This Agreement shall be effective from the period commencing May 3, 2023, and ending December 31, 2024, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. 11 of 27 1
May 2, 2023, Item #10
(d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees . It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
12 of 27 2
City of Poway
P.O. Box 789
Poway, CA 92074
Jasper Bruinzeel
Convergint Technologies, LLC
7323 Engineer Rd
San Diego, CA 92111
With copy to:
[email protected]
May 2, 2023, Item #10
EXHIBIT "8"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with May 2, 2023, Item #10
Cal Gov Code § 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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(l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources . The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar .
(C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013 , or has been included in subsequent agreements. (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2 May 2, 2023, Item #10
Cal Gov Code § 7522.56
(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (I) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January I, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January I, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January I, 2015.
Annotations
Notes
Amendments:
Note--
Amendments:
2013 Amendment:
Substituted (I) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
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April 3, 2023
City of Poway
Poway City Hall
ATTACHMENT 1
7323 Engineer, San Diego, California 92111
Phone (760) 274-4214 Mobile (760) 274-4214
jasper [email protected]
Quotation: JB12519437P ·
RFP#:
13325 Civic Center Dr. Poway, California 92064
Attention: Brad Rosen
License/Cert C-10 - #986407
Reference: Camera System Upgrade - Genetec
On behalf of Convergint's global network of colleagues, I would like to personally thank you for providing Convergint with the opportunity to present this proposal addressing your electronic security needs. We are confident that this proven solution is both comprehensive and customized to meet your needs today, and in the future.
Convergint's reputation for service excellence is backed by a foundational commitment to our core value of service, and we have been recognized as the #1 Systems Integrator by SOM Magazine. This recognition reflects the strong relationships Convergint has developed with the industry's top technology manufacturers, and our history of success with providing exceptional service to our customers.
Our guiding principle has always been to be our customers' best service provider. Our dedicated and certified team of professionals strives to uphold our customer-focused, service-based mission to make a daily difference for our customers. After achieving a successful on-time and on-budget project installation, Convergint will provide you with the industry's best ongoing service, including our 24/7 customer portal iCare, designed to track service work orders, project progress, and provide you with detailed metric reporting for continuous improvement.
The following security proposal is specifically designed to meet your needs. As your single point of contact, please feel free to contact me with any additional questions you may have. Thank you again for trusting Convergint as your partner. 16 of27
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Scope of Work
• This project is for the City of Poway.
• Pricing is provided in compliance with Sourcewell Contract No: 030421-CTL • The project relates to the following location:
o Public Works: 14521 Lake Poway Rd, Poway, CA 92064
• A summary of the project scope is provided as follows:
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o Genetec software {and directory function) will be installed at a "VM" setup to be provided by the Customer and with proper network connection to the public works site.
o City of Poway - Public Works
■ There is an existing analog camera system. This project installs, as replacement, a new IP camera system instead with 21x new IP {Axis) cameras, based on the design depicted with the drawing and map below.
The project will install new IP cameras, and install new cabling, using existing conduit where such is currently available now. The existing system cameras will be removed.
■ The project will also install a new HP server {with 160TB of raw capacity, suggested to be configured in RAID6} with Genetec software, and function as system storage archiver for the video. The cameras connected to the archiver are 21x new IP cameras and 6x existing Axis cameras {network connection by the Customer).
■ Equipment racks, UPS, KVM, networking, fiber and network switches {PoE ports) are by the customer with the exception of the following:
• 2x 24-port Aruba switch based on customer specification, only for the part numbers and components as presented in the bill of materials
• lx wall cabinet to house one of the switches {design to be finalized after contract, for approval by the customer)
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• City of Poway Public Works - New Camera Installation Storage Calculation o See the calculations table below. This table is for reference and estimation purposes only. Settings will need to be optimized in the field, based on actual conditions and customer preferences, and actual values will depend on many factors.
o The storage approach provides for (1) 30 days of recording of video at highest possible resolution and a high frame rate and quality and (2) 365 days (1 year) minimum recording at a reduced resolution (CIF or 2 CIF or 4 CIF, or similar) and a reduced quality/ frame rate.
City of Poway - Public Works
i Camera Type Encoding Rate Storage/day (GB) I No. of Cameras IRetention (days)I Recording(%) I Storage (GB)j Dome Int 2MP H.264/5 2,000 kbps 20.60 0 30 40% 0
Dome Ext 2MP H.264/5 2,000 kbps 20.60 10 30 100% 6,180
Dome Ext 5MP H.264/5 5,000 kbps 51.50 1 30 100% 1,545
Fish-eye Int 6MP H.264/5 6,000 kbps 61.80 0 30 100% 0
Fish-eye Int 12MP H.264/5 10,000 kbps 103.00 0 30 100% 0 2-lens Int 2x5MP H.264/5 10,000 kbps 103.00 0 30 100% 0 4-lens Int 4x4M P H.264/5 12,000 kbps 123.60 8 30 100% 29,663 4-lens Ext 4x5MP H.264/5 16,000 kbps 164.79 0 30 100% 0 PlZ Ext 2MP H.264/5 2,000 kbps 20.60 8 30 100% 4,944
Multi-180 Int 8MP H.264/5 8,000 kbps 82.40 0 30 100% 0
Multi-180 Ext 8MP H.264/5 8,000 kbps 82.40 0 30 100% 0
Dual Int 2x2MP H.264/5 4,000 kbps 41.20 0 30 100% 0
H.264/5 0 kbps 0.00 0 30 100% 0
H.264/5 0 kbps 0.00 0 30 100% 0
j Totals Summary 27 42,332
j camera Type Encoding Rate Storage/day (GB) I No. of Cameras IRetention (days)I Recording(%) I Storage (GB)j Dome Int 2MP H.264/5 200 kbps 2.06 0 365 40% 0
Dome Ext 2MP H.264/5 200 kbps 2.06 10 365 100% 7,519
Dome Ext 5MP H.264/5 500 kbps 5.15 1 365 100% 1,880
Fish-eye Int 6MP H.264/5 600 kbps 6.18 0 365 100% 0
Fish-eye Int 12MP H.264/5 1,000 kbps 10.30 0 365 100% 0 2~ens Int 2x5MP H.264/5 1,000 kbps 10.30 0 365 100% 0
4~ens Int 4x4MP H.264/5 1,200 kbps 12.36 8 365 100% 36.090 4~ens Ext 4x5MP H.264/5 1,600 kbps 16.48 0 365 100% 0
PlZExt 2MP H.264/5 200 kbps 2.06 8 365 100% 6,015
Multi-180 Int BM P H.264/5 800 kbps 8.24 0 365 100% 0
Multi-180 Ext BMP H.264/5 800 kbps 8.24 0 365 100% 0
Dual Int 2x2MP H.264/5 400 kbps 4.12 0 365 100% 0
H.264/5 0 kbps 0.00 0 365 100% 0
H.264/5 0 kbps 0.00 0 365 100% 0
F otals Summary 27 51,504
Storage Estimate Buffer: 10% Required usable storage: 103.2 Streaming Bandwidth {worst case): 151 Mbps
Streaming Bandw idth {reduced for motion): 151 Mbps
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• The following notes and details are provided:
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o Proposal is based on good faith understanding of site conditions, based on site walks performed, as is reasonable to carry out prior to contract award. Existing conduit assumed possible to be re-used for pulling of new cabling to replace coax cabling, by normal, reasonable industry expectations. If additional efforts are required beyond Convergint reasonable expectations, a change order might be needed.
o Various existing roof penetrations will be used in the new design. If though additional roof/ roof-membrane penetrations would be required, associated work and cost is not included in this proposal.
o Building structures are assumed to support the camera attachments proposed. o Existing camera devices will be removed in the efforts of the project. o Basic touch up "patch & paint" efforts are included.
o One wall cabinet will be required to be added, to house a newly added switch.
The fiber cable to this location is assumed existing.
o Various existing Axis cameras will be connected into the new system. The networking is assumed by the Customer, and the cameras are assumed in good working condition and compatibility without major troubleshooting. o Servers ("VM" for directory function)/ work stations (any as required for viewing), networking and IP addresses by the Customer, unless specifically stated as provide by Convergint. No new fiber cabling assumed required in this project to enable this project scope.
o Set up of work stations for viewing functions by Convergint is limited to two work stations (with work stations to be provided by the Customer, to meet minimum Genetec requirements).
o New camera cabling from switch/patch panel to camera (per design drawing) assumed provided/installed by Convergint.
o Drawings and submittal set included based on our good faith specifications assumptions.
o Regular business hour work assumed.
o Prevailing wage
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Materials
Line Qty Part Description Unit Price Extended
Price
1 Sourcewell Contract No.: 030421-CTL
2 - Genetec
3 1.00 GSC-5.11 Software Version $ 0.00 $ 0.00
Genetec Security Center Base Enterprise
Package. Synergis Enterprise : Access Manage
support, Remote Security Desk, Badge Designer.
Omnicast Enterprise: Archiving & Auxiliary
Archiving support, Media Router, Audio , Remote
Security Desk, Camera Sequences, Camera
Blocking, Camera Dewarping , Failover Cameras,
Hardware Matrix Support, Time Zone, Edge
recording, trickling & archive transfer, Keyboard
& Joystick Support. AutoVu Standard. Threat
GSC-Base- Level, Plan Manager Advanced for GIS Map
4 1.00 E servers (unlimited entities), Restricted Security $ 4,836.31 $ 4,836.31 Area Surveillance Standard package, Active
Directory Integration, 1 authentication role, 1
Active Directory Federation services, Failover
Directory Role, Intrusion Manager, Sipelia Base,
Import Tool, Max Occupancy, Mustering Task,
Visitor Management Module, Sipelia Public
Address, SIP Trunking. 300 channels of
KiwiVision Video Analytics for Privacy Protector,
Security Analytics and People Counter. Includes
5 client connections (Security Desk, Web or
Mobile)
5 27.00 GSC-Om- 1 camera connection $ 241.82 $ 6,529 .14 E-1C 6 27.00 ADV-CAM- Genetec™ Advantage for 1 Omnicast™ $ 49.33 $ 1,331.91 E-1Y Enterprise Camera 1 year 7 - Cameras
High-performance fixed dome camera with Deep
Learning Processing Unit (DLPU). Forensic
8 4.00 02328-001 WDR, Lightfinder 2.0 and Optimized JR. Discreet, $ 724.81 $ 2,899.24 dust- and IK10 vandal-resistant outdoor casing .
Varifocal 3.4-8.9 mm P-lris lens with remote
zoom and focus. Multiple
High-performance fixed dome camera with Deep
Learning Processing Unit (DLPU). Forensic
9 1.00 02330-001 WDR , Lightfinder 2.0 and Optimized IR. Discreet, $ 918.36 $ 918.36 dust- and IK10 vandal-resistant outdoor casing.
Varifocal 3-8 mm P-lris lens with remote zoom
and focus. Multiple, in
Outdoor pendant kit for AXIS P32-VE Series,
10 2.00 5505-871 compatible with Axis ceiling-/wall mounts, AXIS $ 57.10 $ 114.20 T91A67 Pole mount and 1.5 NPS threaded Ipipes.
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Line Qty Part Description Unit Price Extended
Price
Outdoor-ready, powder-coated aluminum pole
mount with 1.5 NPS thread for fixed dome
11 2.00 01473-001 pendant kits. Includes insect-proof cable gasket $ 105.49 $ 210.98 and 1 pair of stainless steel straps (with TX30 screw) for pole diameter between 65-165mm
'2.5-6.5). White in color.
AXIS P3719-PLE Network Camera is a compact
15-megapixel camera with four varifocal lenses
12 8.00 01500-001 (4 x Quad HD) enabling overview and detailed $ 1,644.13 $ 13,153.04 surveillance. With one IP address and one network cable, the four-cameras-in-one unit
provides a flexible, cost-effecti
AXIS T94N01 D Pendant Kit comprises a
weathershield and a mounting adapter for AXIS
13 8.00 01513-001 P3717-PLE Network Camera. The mounting adapter is com'patible with 1.5-inch NPS thread. $ 95.80 $ 766.40 The kit enables AXIS P3717-PLE to be mounted
on walls, poles, parapets and outer cor
Chromated and powder coated aluminum wall
mount with 1.5 NPS thread for fixed dome
14 7.00 5504-821 pendant kits. Cable routing from behind or $ 95.80 $ 670.60 through 3/4 conduit hole on the side. Includes mounting plate, pipe seal and conduit hole cover.
Color: White
Outdoor-ready, powder-coated aluminum pole
mount with 1.5 NPS thread for fixed dome
15 1.00 01473-001 pendant kits. Includes insect-proof cable gasket $ 105.49 $ 105.49 and 1 pair of stainless steel straps (with TX30 screw) for pole diameter between 65-165mm
(2.5-6.5). White in color.
Corner Bracket that is compatible with several
wall mounts: AXIS T91 B61 Wall Mount, AXIS
16 6.00 5017-641 T91O61 Wall Mount 1.5 NPS, AXIS T91 G61 Wall $ 86.13 $ 516.78 Mount, AXIS T91 H61 Wall Mount, AXIS T91 L61 Wall-and-Pole Mount. These wall mounts in turn
are compatible with AXIS P55-
Product version for the American market. PTZ
camera with continues 360 pan for both indoor
17 8.00 01682-004 and outdoor with 32x optical zoom, Lightfinder 2, $ 2,079.60 $ 16,636.80 Autofocus and Focus Recall. HDTV 1080p @ 30/60fps (1920x1080) in Motion JPEG, H.264,
H.265, and Axis Zipstream.
Aluminum wall mount with IP66 compartment to
safely accommodate power and connectivity
18 8.00 01444-001 accessories (e.g. PoE midspan). IK10 and NEMA $ 240.96 $ 1,927.68 4X rated in Urban Grey color to match AXIS Q62 series. Includes a pre-terminated IP66 rated
RJ45 connector. Compatible wi
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Line Qty Part Description Unit Price Extended
Price
Aluminum wall mount with IP66 compartment to
safely accommodate power and connectivity
19 1.00 5506-951 accessories (e.g. PoE midspan). IK10 and NEMA $ 211.93 $ 211.93 4X rated in Axis white color. Includes a pre- terminated IP66 rated RJ45 connector.
Compatible with wide range of Axis cam
Corner Bracket that is compatible with several
wall mounts: AXIS T91861 Wall Mount, AXIS
20 7.00 5017-641 T91 D61 Wall Mount 1.5 NPS, AXIS T91 G61 Wall $ 86.13 $ 602.91 Mount, AXIS T91 H61 Wall Mount, AXIS T91 L61 Wall-and-Pole Mount. These wall mounts in turn
are compatible with AXIS P55-
21 - Cabling
22 1.00 556600 23-4P Unshielded Solid Plenum Cat6 Wht Jkt $ 413.60 $ 413.60 23 Off ContracUOpen Market
24 - HP Servers
25 1.00 P05174- HPE DL380 Gen10+ 12LFF NC CTO Svr $ 1,873.84 $ 1,873.84 821 26 1.00 P36921- INT Xeon-S 4310 CPU for HPE $ 1,018.93 $ 1,018.93 821 27 2.00 P06031- HPE 16GB 2Rx8 PC4-3200AA-R Smart Kit $ 402.00 $ 804.00 821 28 10.00 P23608- HPE 16TB SAS 7.2K LFF LP ISE MV HOD $ 1,461.43 $ 14,614.30 B21 29 1.00 P37038- HPE DL380 Gen10+ x8/x16/x8 Prim FIO Kit $ 92.14 $ 92.14 B21 30 1.00 P06367- Broadcom MR416i-p Cntrl for HPE Gen10+ $ 1,024.29 $ 1,024.29 B21 31 1.00 P12965- HPE NS204i-p Gen1 0+ Boot Ctrlr $ 790.71 $ 790.71 821 32 1.00 P01366- HPE 96W Smart Stg Li-ion Batt 145mm Kit $ 86.57 $ 86.57 B21 33 1.00 P08449- INT 1350 1GbE 4p BASE-T OCP3 Adptr $ 410.57 $ 410.57 B21 34 2.00 P38997- HPE 1600W FS Plat Ht Pig LH Pwr Sply Kit $ 293.57 $ 587.14 821 35 1.00 BD505A iLO Adv 1-svr Lie 3yr Support $ 320.20 $ 320.20 36 1.00 P46005- MS WS22 16C Std FIO Npi WW SW $ 1,270.29 $ 1,270.29 B21 37 1.00 P55860- HPE DL38x G10+ 4LFF SAS/SATA TM Cbl Kit $ 31.21 $ 31.21 B21 38 1.00 P58900- HPE DL38x SAS/SATA TM Cbl Kit $ 35.78 $ 35.78 821 P13771- ,
39 1.00 B21 HPE Gen10 Plus TPM BR Module Kit $ 41.14 $ 41.14 40 1.00 P22019- HPE DL38X Gen1 0+ 2U LFF El Rail Kit $ 64.71 $ 64.71 B21 41 1.00 P37034- HPE DL380 Gen1 0+ Stnd Heat Sink Kit $ 36.51 $ 36.51 B21 42 1.00 HU4A6A3 HPE Proliant DL380 Gen1 0+ Support $ 3,134.12 $ 3,134.12 ZSB 22 of 27
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Line Qty Part
43 - Aruba Switches
44 2.00 JL660A
45 2.00 HL5X1E
46 2.00 JL087A
47 2.00 JL087A#AB
A
48 1.00 R0M46A
49 1.00 JL086A
50 1.00 JL086A#AB
A
51 2.00 J9150D
52 - Cabling
53 1.00
54 2.00
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Description Unit Price
Aruba 6300M 24SR5 CL6 PoE 4SFP56 Swch $ WB
Aruba 1Y FC NBD Exch 6300M 24 SR PoE $ SVC LS
Aruba X372 54VDC 1050W PS WB $
Aruba X372 54VDC 1050W PS US en WB $
Aruba 50G SFP56 to SFP56 0.65m DAC Cable $ 16
Aruba X372 54VDC 680W PS WB $
Aruba X372 54VDC 680W PS US en WB $
Aruba 1 0G SFP+ LC SR 300m MMF XCVR 16 $
CAT 6 DIR BUR 1000' BLACK $
GAMECHANGER OSP 1000' $
Equipment Total
Total Labor/Other Costs
Freight/Warranty
Tax if Applicable
Total Project Price
8,507.57
982.03
761.25
0.00 210.51
478.16
0.00 680.44
499.98
1,352.15
$
$
$
$
$
Extended
Price
$ 17,015.14
$ 1,964.06
$ 1,522.50
$ 0.00
$ 210.51
$ 478.16
$ 0.00
$ 1,360.88
$ 499.98
$ 2,704.30
103,837.35
105,143.30
6,858.28
8,047.39
223,886.32
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Clarifications and Exclusion
1. All work proposed herein, shall be performed during normal business hours Monday through Friday 8:00 am - 5:00 pm.
2. Low voltage wiring shall be installed via open air code approved methods.
3. Provision or installation of conduit, wire, boxes, fittings or other electrical installation materials unless specifically listed under Inclusions or Bill of Materials.
4. Permits or associated fees are not included.
5. Customer to provide static IP addresses and network connections at panel locations.
6. Customer to provide a secured staging & storage area for project related materials.
7. Pricing assumes that electronic Auto CAD files are available from customer for our use in creating submittal drawings .
8. Twenty-Five percent (25%) of the proposed sell price shall be payable to Convergint for project mobilization. Mobilization shall be invoiced and due upon customer acceptance of this proposal.
9. Proposal does not include sales tax unless otherwise noted.
10. Anything in the Contract Documents notwithstanding, in no event shall either Contractor or Subcontractor be liable for special, indirect, incidental or consequential damages, including commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility of such damages.
11 . Convergint reserves the right to negotiate mutually acceptable contract terms and conditions with customer by making mutually agreeable changes to the formal contract included in the Bid Documents.
12. Customer acknowledges that supply-chain and shipping difficulties may result in unavoidable delays in deliveries of materials despite timely placement of orders and efforts by Convergint and its suppliers to avoid such delays . Customer agrees to provide Convergint with reasonable extensions of time to the extent of any such delays and Convergint agrees to make reasonable efforts to avoid or minimize such delays. Customer further acknowledges that the above-referenced supply-chain and shipping difficulties may result in unanticipated increases to Convergint's proposal pricing on products covered by this quote or any resulting agreement and that such increases may occur between the time this quote is provided, or any resulting contract is executed and the time when Convergint actually purchases the products covered by this quote or a resulting agreement. Customer agrees that it will pay any such increase in Convergint's initial pricing of obtaining the products above the proposal pricing upon which the quote or agreement was based, by change order or otherwise, and Convergint agrees that it shall make commercially reasonable efforts to minimize any such increase .
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Performance Items
I
I
Applicable Taxes
Items Included
Cable
Freight (prepaid)
Lifts
Material (listed in the SOM)
One-Year Warranty on Labor
Owner to Provide Static IP Addresses
Project Management
Servers by Convergint
System Programming
Workstations by Others
Installation of CCTV Cameras
Loading Software on Customer Provided
Computer
Mounting/Termination of Proposed Devices
One-Year Warranty on Parts
Owner Training
Record Documentation (As-Built)
Servers by Others
Testing of all Proposed Devices
Items Excluded
120 VAC Power and Fused Disconnect Switch
Additional Lighting Requirements for Cameras
Attend Owner Project Meetings
Ceiling Tiles and Ceiling Grid Repairs
Correction of Wiring Faults Caused by Others
Electrical Installation Permit
Engineering and Drawings
FA Permit and Plan Review Fees
Fire Watch
Floor plan with device placement and numbering
(requires customer CAD)
Installation of Bridle Rings
Installation of Control Equipment Enclosures
Installation of Intercom Systems
Installation of Low Voltage Wire
Installation of Network Cabling to IP Cameras
Installation of Specialty Backboxes
Installation of Video Recorders (DVR/NVR)
Installation of Wire Hangars
On-Site Lockable Storage Facility
Owner to Provide DHCP Lease Reservations for
Network Connected Devices
Panel wiring with point to point connections
Payment & Performance Bonds
Specialty Backboxes
System Engineering
System Meets Plans/Drawings
Termination of Control Equipment Enclosures
Wire
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120 VAC Power Receptacles
Attend General Contractor Project Meetings
Authority having Jurisdiction permit drawing
(requires customer CAD)
Connection to Building Fire Alarm Panel
Door wiring typical connections
Electrified Door Locking Hardware
Equipment rack layout drawing
Fire Stopping (Excludes Existing Penetrations)
Floor Coverings for Lifts
Horizontal Core Drilling
Installation of Conduit , Boxes and Fittings
Installation of Control Panels
Installation of Intrusion Panels
Installation of Network Cabling to Card Readers
Installation of Network Cabling to IP Intercoms
Installation of Terminal Cabinets
Installation of Wire and Cable
Low Voltage Permits
Operations & Maintenance Manuals
Panel Wall Elevation drawing (may require
customer CAD)
Patch and Paint
Riser drawing with home run wiring
Submittal Drawings
System is Design-Build
Terminal Cabinets
Vertical Core Drilling
Workstations by Convergint
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Total Project Investment: $ 223,886.32
Thank you for considering for your Security needs. If you have any questions or would like additional information, please don't hesitate to contact me immediately. If you would like to proceed with the scope of work as outlined in this proposal, please sign below and return to my attention.
Sincerely,
Jasper Bruinzeel
Convergint
Jasper Bruinzeel
By signing below, I accept this proposal and agree to the Terms and Conditions contained herein
Brad Rosen April 3, 2023
Customer Name (Printed) Date
Authorized Signature Title
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Convergint Technologies Install Terms & Conditions
Throughout this Installation Proposal, the term, "Converginr refers to the Convergint Technologies affiliate operating in the state/province in which the Work is being perfooned.
SECTION 1. THE WORK
This Installation Proposal takes precedence over and supersedes any and all prior proposals, correspondence, and oral agreements or representations relating to the work set forth in the attached scope of work, including without limitation, goods, seNices, equipment and software, ("Work"). This Installation Proposal commences on the Start Date as specified in the attached scope of work and, subject to any addendums, represents the entire agreement between Convergint and Customer (the "Agreemenr). In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force.
Convergint agrees in accordance with the mutually agreed project schedule:
a. To submit shop drawings, product data, samples and similar submittals if required in perfooning the Work; b. To pay for all labor, materials, equipment, tools, supeNision, programming, testing, startup and documentation required to perform the Work in accordance with the Agreement; c. Secure and pay for penmits and governmental fees, licenses, and inspections necessary for proper execution and completion of the Work, unless local regulations provide otherwise; and d. Hire subcontractors and order material to perfoon part of the Work, if necessary, while remaining responsible for the completion of theWork.
Customer agrees in accordance with the mutually agreed project schedule, and at no cost to Convergint:
a. To prompUy approve submittals provided byConvergint; b. To provide access to all areas of the facility which are necessary to complete the Work; c. To supply suitable electrical seNice as required by Convergint and d. That in the event of any emergency or systems failure, reasonable safety precautions will be taken by Customer to protect l~e and property during the period from when Convergint is first notified of the emergency or failure and until such time that Convergint notifies the Customer that the systems are operational or that the emergency has cleared.
No monitoring services or software capable of obtaining what may be characterized as biometric information are included in the Work. Any such services shall be governed by a separate agreement.
Title to the Work, including any materials comprising the Work, shall pass to Customer as the Work is completed and the materials are incorporated into the Work at Customers site subject to any license agreements. If materials are earlier stored on Customer's site pursuant to agreement between Customer and Convergint, title with respect to such materials shall pass to Customer upon delivery to Customer site.
SECTION 2. PRICING
Pricing and amounts proposed shall remain valid for 30 days unless otherwise specified. Price includes only the material listed based on Convergint's interpretation of plans and specifications unless noted otherwise. Additional equipment, unless negotiated prior to order placement, will be billed accordingly. Sales taxes, (and in Canada GST/PSD and any other taxes assessed on Customer shall be added to the price upon invoice to Customer.
SECTION 3. INVOICE REMITTANCE AND PAYMENT
Customer agrees to pay Convergint twenty-five (25%) percent of the total price as a mobilization fee at the time of executing this Agreement
Version 2.0 November 2022
Convergint shall maintain the following insurance coverages during the term of this Agreement and upon request, shall provide certificates of insurance to the Customer.
Workers Compensation Statutory Limits
Employers Liability $1,000,000 per occurrence/aggregate Commercial General Liability $1,000,000 peroccurrence
Automobile Liability
Excess/Umbrella Liability
S2,000,000 general aggregate
S1,000,000 per occurrence/aggregate
$5,000,000 peroccurrence/aggregate
Convergint's insurance is limited to the coverages listed above and Convergint will not provide Builders Risk Insurance. Commercial General Liability poicy shall name the Customer as "additional insured" on a primary/noncontributory basis with respect to liability arising out of work performed by Convergint, as applicable, but only to the extent of liabilities falling within the indemnity obligations of Convergint pursuant to the terms of this Agreement. Convergint shall provide to the Customer no less than thirty (30) days' notice priorto the termination or cancellation of any such insurance policy.
SECTION 8. INDEMNIFICATION
To the fullest extent allowed by law, Convergint shall indemnify and hold Customer harmless from and against claims, damages, losses and expenses (excluding loss of use) attributable to bodily injury, sickness, disease or death, or to destruction of tangible property, but only to the extent caused by the negligent acts or omissions of Convergint or Convergint's employees or subcontractors while on Customers site.
It is understood and agreed by the parties that Convergint is or may be providing intrusion products which are designed to provide notification of certain events but are not intended lo be guarantees or insurers against any acts for which they are supposed to monitor or inform. Convergint's indemnification obligation pursuant to Section 8 herein, does not apply to the extent the loss indemnified against is caused by any intrusion product or software provided by but not manufactured by Convergint. Convergint shall have !lQ liability to Customer for any losses to the extent such losses are caused by the intrusion product or software. Customer shall indemnify, defend, and hold harmless Convergint. from and against all claims, lawsuits, damages, losses and expenses by persons not a party to this Agreement, but only to the extent caused by such intrusion product or software provided by but not manufactured by Convergint.
SECTION 9 LIMITATION.OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW: (A) IN NO EVENT SHALL EITHER CONVERGINT OR
CUSTOMER BE LIABLE TO THE OTHER PARTY HERETO FOR SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING COMMERCIAL LOSS, LOSS OF USE OR LOST PROFITS, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION SET
FORTH IN THIS SECTION SHALL APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT OR OTHER THEORY AND (8). IN NO EVENT Vv1LL CONVERGINT BE LIABLE TO CUSTOMER FOR ANY
AMOUNTS IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO CONVERGINT UNDER THIS AGREEMENT.
SECTION 10. COMPLIANCE WITH LAW, SAFETY, & HAZARDOUS MATERIALS Convergint will comply with all laws and regulations applicable to its provision of the Work. Customer will comply with all applicable laws and agreements applicable to its use and operation of the Wo!k. Convergint shall comply with all safety related laws and regulations and with the safety program of the Customer, provided such program is supplied If the Work is performed over more than one month, Convergint will invoice Customer each month for the Work to Convergint prior to beginning Work. perfooned during the previous month. Customer agrees to pay the amount due to Convergint as invoiced, within In the event that Convergint discovers or suspects the presence of hazardous materials, or unsafe woO<ing thirty (30) days of the date of such invoice. If the Work is completed in less than one month, Customer agrees to conditions at Customers facility where the Work is to be perfom1ed, Convergint is entitled to stop the Work at that pay Convergint in full after the Work has been completed within thirty (30) days of the date of invoice. Invoices facility if such hazardous materials, or unsafe working conditions were not provided by or caused by Convergint. shall not include or be subject to a project retention percentage. If Customer is overdue in any payment Convergint Convergint in its sole discretion shall determine when it is "safe" to return to perform the Work at Customers facility. shall be entiUed to suspend the Work until paid, and charge Customer an interest rate 1 and 1/2% percent per Convergint shall have no responsibility for the discovery, presence, handling, removing or disposal of or exposure month, (or the maximum rate permitted by law, whichever is less), and may avail itse~ of any other legal or equitable of persons to hazardous materials in any form at the customers facility. To the fullest extent allowed by law, Customer remedy. Customer shall reimburse Convergint costs incurred in collecting any amounts that become overdue, shall indemnify and hold harmless Convergint from and against claims, damages, losses and expenses, including including attorney fees, court costs and any other reasonable expenditure. but not limited to, reasonable attorney's fees, arising out of or resulting from undisclosed hazardous materials, or SECTION 4. WARRANTY unsafe working conditions at Customers facility.
For the period of one (1) year, commencing at the ear1ier of substantial completion of the Work or first beneficial SECTION 11. PERSONAL DATA use, ("Warranty Penod"), the:
a. Work performed under this Agreement will be of good quality; b. Equipment will be new unless otherwise required or permitted by this Agreement; c. Work will be free from defects not inherent in the quality required or permitted; and d. Work will conform lo the requirements of this Agreement.
The Customers sole and exclusive remedy for any breach of this warranty is that Convergint shall remove, replace and/or repair at its own discretion and expense any defective or improper Work discovered within the Warranty Period, provided Convergint is notified in writing of any defect within the Warranty Period.
Any software, equipment or products included in the Work and installed by Convergint shall only carry such warranty as is provided by the manufacturer thereof, which Convergint hereby assigns to Customer without recourse to Convergint or which is exclusively granted to customer in the software dorumentation. Upon request of Customer, Convergint will use commercially reasonable efforts to assist Customer in enforcing any such third party warranties. This warranty excludes remedy for damage or defect caused by abuse, theft, neglect, modifications not executed by Convergint, improper or insufficient maintenance, improper use or operation; fire, explosion, water exposure, corrosion, rust, adver.;e environmental conditions or resulting from accidents, or any other Acts of God; fluctuations in the building power supply, failure to provide a power supply, or operating an environment that does not conform to the manufacturers specifications; repair, seNice, adjustment tampering or modification of the equipment by anyone other than Convergint seNice personnel; negligence or acts or omissions of Customer or any third party (excluding a Convergint seNice personnel); or normal wear and tear under normal usage. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS SECTION 4, NO FURTHER WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARE MADE Vv1TH RESPECT TO ANY GOODS OR SERVICES
PROVIDED UNDER THIS AGREEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.
SECTION 5, CHANGES
Wthout invalidating this Agreement or any bond given hereunder, Customer or Convergint may request changes in the Work. Any changes to the Agreement shall be in writing signed by both Customer and Convergint. If Customer orders any additional Work or causes any material interference with Convergint's performance of the Work, Convergint shall be entitled to an equitable adjustment in the time for performance and in the Agreement Price, including a reasonable allowance for ovemead and profit.
SECTION 6, FORCE MAJEURE
Neither Customer nor Convergint shall be responsible or liable for or be deemed in breach of this Agreement because of any delay or failure in the performance of their respective obligations pursuant to this Agreement due to circumstances beyond their reasonable control ("Force Majeure") and without the fault or negligence of the party experiencing such delay. A Force Majeure event shall include, but not be limited to: acts of God, pandemic or epidemic, diseases, quarantines, unavoidable casualties, concealed conditions, acts of any civil or military authority; riot, insurrections, and civil disturbances; war, invasion, act of foreign enemies, hostilities (regardless of whether or not war is declared), rebellion, revolution, terrorist activities; strikes, lockouts or other labor disputes; embargoes; shortage or unavailability of labor, supplies, materials, equipment or systems; accident fire, storm, water, flooding, negligence of others, vandalism, power failure, installation of incompatible equipment, improper operating procedures, source current fluctuations or lighting, transportation contingencies; laws, statutes, regulations, and other legal requirements, orders or judgements; acts or order of any government or agency or official thereof, other catastrophes or any other similar OCaJrrences. If performance by either party is delayed due to Force Majeure, the time for performance shall be extended for a period of time reasonably necessary to overcome the effect of the delay. Any seNices required by Convergint due to reasons set forth in this Force Majeure Section shall be charged to Customer in addition to any amounts due under this Agreement.
SECTION 7. INSURANCE
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This Agreement does not authorize Convergint to access, collect, store or process any biometric information although the equipment or products included in the Work (including embedded software) installed by Convergint are capable of collecting biometric information. Customer agrees and will comply with any and all applicable local, state or federal laws, ordinances, rules or regulations (collectively, "Laws") with respect to collecting biometric information using the equipment or products provided under this Agreement. Notwithstanding the foregoing, to the extent Customer uses the Work to collect biometric information or provides Convergint with access to biometric information, Customer acknowledges that Laws may limit Customers rights and impose obligations with respect to use of software capable of collecting biometric information, including any hardware or other software and services associated with the biometric information, and agrees that Customer is solely responsible to ensure its own compliance with such Laws. To the fullest extent allowed by law, Customer will defend, indemnify and hold Convergint harmless from and against any and all claims, suits, actions, legal proceedings, liabilities, damages, fines, fees, penalties, costs and expenses arising out of or relating to Customer's use or collection of biometric information.
SECTION 12. PRICE ADJUSTMENT
Convergint may automatically adjust the price, with five (5) days prior written notice, if based on: (a) changes by its vendors to the cost of equipment and/or products to be delivered and/or labor costs related to personnel responsible for performing the Work, (b) macroeconomic conditions, such as taxes, tariffs or duties, natural disasters, labor shortages/strikes, etc., (c) applicable market trends, or (d) other events not within Convergint's control that impact the cost of performing tihe Work. The variation in the cost of the equipment, products and/or labor shall be consistent with applicable market indexes, where available, third-party sources or other evidence. Convergint reserves the right to add periodic surcharges to this order, including without limitation, adjustments for the then current price of fuel, such surcharges to be specified and invoiced by Convergint.
SECTION 13. DISPUTES
In the event of any dispute between Convergint and Customer, Convergint and Customer shall first attempt to resolve the dispute in the field, but if that is not successful, then in a meeting between autho<ized officers of each company.
If settlement attempts are not successful, unless the dispute requires injunctive relief, then the dispute shall be decided exclusively by arbitration. Such arbitration shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect by a single arbitrator and shall be a final binding resolution of the issues presented between the parties. The prevailing party shall be entiUed to recover its reasonable attorneys' fees and costs. Any award by the arbitrator may be entered as a judgment in any court having jurisdiction.
SECTION 14. MISCELLANEOUS
This Agreement shall be governed and construed in accordance with the laws of the state/province in which the Work is being performed. Neither party to this Agreement shall assign this Agreement without tihe prior written consent of the other party hereto. Notwithstanding the foregoing, Convergint may assign this Agreement without notice or consent (i) to any of its parents, subsidiaries or affiliated companies or any entity majority owned by Convergint; or (ii) in connection with a merger, acquisition, reorganization, sale of all of the equity interests of Convergint, or a sale of all or substantially all of the assets of Convergint to which this Agreement relates.
Notices shall be in writing and addressed to the other party, in accordance with the names and addresses of the parties as shown above. All notices shall be effective upon receipt by the party to whom the notice was sent. In no event will Convergint be obligated to comply with any project labor agreements or other collective bargaining agreements
A waiver of the terms hereunder by one party to the other party shall not be effective unless in writing and signed by a person with authority to commit the Customer and Convergint. No waiver by Customer or Convergint shall operate as a continuous waiver, unless the written waiver specifically states that it is a continuous waiver of the terms stated in that waiver. The Sections regarding invoicing, warranty, indemnity, and disputes shall suNive the termination of this Agreement.
May 2, 2023, Item #10