AG EN DA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 October 17, 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, CA92064. 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. Per the Poway Municipal Code, the speaking time may be reduced.
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.
Steve Vaus
Mayor
Caylin Frank
Deputy Mayor
Peter De Hoff
Councilmember
Anita Edmondson
Councilmember
Brian Pepin
Councilmember
Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.
The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION:
Friends of Poway Seniors
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.
Per the Poway Municipal Code, the speaking time may be reduced. Speakers have one opportunity to address the Council under Public Comment.
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion.
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the July 18, 2023, and August 1, 2023 Regular City Council Meeting Minutes
3. Adoption of the 2024 City Council Meeting Calendar
4. Approval of Consultant Agreement with Project Design Consultants for the Community Park Concrete Ribbon Drain Project, RFP No. 24-003
5. Acceptance of the Booster Pump Replacement, Bid No. 22-001 with Blue Pacific Engineering Construction, Inc. as Complete
ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS:
6. Conditional Use Permit (CUP) 23-0002, a request to establish a 16,000 square foot fitness center within an existing vacant commercial building tenant space located at 12342 Poway Road and a determination that the Project is exempt from CEQA review pursuant to CEQA Guidelines section 15301
2 of 3 Regular City Council Meeting October 17, 2023
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution approving the project and making the determination the Project is exempt from CEQA review pursuant to CEQA Guidelines section 15301.
STAFF REPORTS:
7. Midland Road Safety Improvements
City Manager's Recommendation: It is recommended the City Council 1) approve the proposed safety improvements on Midland Road; 2) authorize the City Manager to allow the expenditure of funds from the Motorist Services Program Account (STR0002) to install new signs estimated at $156,000.00; 3) appropriate additional funds in the amount of $14,528.40 from the Excess Safe Reserve Fund (2840) available fund balance to the Motorist Services Program Account; and 4) authorize the City Manager to execute the necessary documents for the installation of the safety improvements.
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:
8. Conference with Legal Counsel - Anticipated Litigation Government Code§ 54956.9(d)(2) - two (2) cases
AD!OURNMENT:
State of California
County of San Diego
)
) 55.
)
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 October 10, 2023.
Said meeting to be held at 7:00 p.m., October 17, 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. 3 of 3 Regular City Council Meeting October 17, 2023
October 17, 2023, Item #2
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
October 17, 2023
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the July 18, 2023, and August 1, 2023 Regular City Council Meeting Minutes
Summary
The City Council Meeting Minutes submitted hereto for approval are:
• July 18, 2023 Regular City Council Meeting Minutes
• August 1, 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 July 18, 2023, and August 1, 2023 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. July 18, 2023 Regular City Council Meeting Minutes
B. August 1, 2023 Regular City Council Meeting Minutes
Reviewed/Approved By:
We~aserman
Assistant City Manager
1 of 14
Reviewed By:
Alan Fenstermacher
City Attorney
Appro::dABJ~
Ch~
City Manager
October 17, 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
July 18, 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, Caylin Frank, Steve Vaus
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Bob Manis; Interim Director of Finance Tim McDermott; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain Nancy Blanco, 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 Frank led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATIONS
None.
2 of 14 ATTACHMENT A
October 17, 2023, Item #2
City
of
Poway
-
Minutes
-
July
18,
2023
PUBLIC
COMMENT
Yuri
Bohlen
spoke
in
support
of
Poway
holding
two
4 th
of
July
firework
shows.
Mayor
Vaus
read
a
note
received from
resident,
Dick
Lyles,
complimenting
the
Fire
Department.
CONSENT
CALENDAR
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pepin
to
approve
Consent
Calendar
Items
1 through
6. Motion
carried
4/0
by
the
following
roll-call
vote:
Ayes: Noes: Abstained: Absent: Disqualified:
Pepin,
De
Hoff,
Frank,
Vaus
None None None None
1. Approval
of
Reading
by
Title
Only
and
Waiver
of
Reading
in
Full
of
Ordinances
on
this
Agenda
2. Approval
of
the
May
2,
2023
Regular
City
Council
Meeting
Minutes
3. Second
Reading
and
Adoption
of
Ordinance
860
entitled
"An
Ordinance
of
the
City
Council
of
the
City
of
Poway,
California,
Adding
Chapter
8.26 to
Title
8 (Health
and
Safety)
of
the
Poway
Municipal
Code
Establishing
Regulations
for
Camping
and
Storage
of
Personal
Property
in
Public
Areas"
Speaking
on
Item
3,
Maria
Hernandez,
representing
RUN
(Resident
United
Network
of
California)
spoke
in
opposition
to
Ordinance
860
and
advocated
for
local
affordable
housing
options. Speaking
on
Item
3,
Yuri
Bohlen
voiced
support
for
both
Ordinance
860
and
mental
health
assistance
programs
for
the
unhoused
population.
4. Award
of
Agreement
to
Ocean
Blue
Environmental
Services
Inc.,
for
As-Needed
Hazardous
Waste
Cleanup
and
Disposal
Services;
RFP
No.
23-013
5. Approval
of
Consultant
Agreement
with
Sillman
Wright
Architects
for
the
Poway
Center
for
the
Performing
Arts
Facility
Maintenance
Design
Project;
RFP
No
.
22-003,
to
provide
Architectural
and
Engineering
Design
Services
for
comprehensive
maintenance
and
rehabilitation,
and
Appropriation
of
Additional
Funds
6. Approval
of
License
Agreement
between
the
City
of
Poway
and
OpenGov
(formerly
Cartegraph
Systems
LLC)
for
Software
Licensing,
Technical
Support
and
Maintenance
ORDINANCES
FOR
INTRODUCTION
None
.
PUBLIC
HEARINGS:
3 of
14 October 17, 2023, Item #2
City of Poway -Minutes -July 18, 2023
7. Resolution Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll for Fiscal Year 2023-24
Mayor Vaus opened the public hearing at 7:10 p.m.
Finance Manager Mehrnoush Jamshidi presented the item. She stated, the City must renew its Fire Protection Special Tax as required by the County of San Diego to be placed on the property Tax Roll. Ms. Jamshidi noted the tax was originally approved by an 84% vote of the people back in 1997. She added the tax can only be spent on fire protection including personnel and equipment, she provided calculation methodologies and explained the amount to be collected hasn't changed since its adoption which remains at $3.12 per point. Ms.
Jamshidi added the estimated total tax to be collected is $647,000 and concluded by stating approval of the item would authorize collection of up to $700,000 which would ensure the authorized amount will not be exceeded if further additions to the property tax roll are made.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the public hearing at 7: 12 p.m.
Council discussion ensued. Ms. Jamshidi confirmed tonight's action by Council will not increase taxes but rather is required to add the Special Tax onto the County Tax Roll.
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 23-035 entitled "Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll for Fiscal Year 2023-24". Motion carried unanimously.
Items 8 -14 -Resolutions Establishing Assessments for Poway Landscape Maintenance Districts 83-1, 86-1, 86-2, 86-3, 87-1, 19-1 and the Poway Lighting District.
MayorVaus opened the public hearings for Items 8 through 14 at 7:12 p.m.
Senior Management Analyst Danielle McIntosh presented the report along with a PowerPoint presentation for Items 8 through 14. She explained the Public Hearing is to consider approval of the annual levy to collect assessments for the City of Poway's six (6) Landscape Maintenance Districts (LMD) and Poway Lighting District (PLO) in accordance with the Landscape and Lighting Act of 1972 and Proposition 218. Ms. McIntosh stated the assessment rates and service levels for Fiscal Year 2023-24 are proposed to remain unchanged from Fiscal Year 2022-23 with the exceptions of LMD 86-2B and 86-3B, which will increase by the annual change in CPI at 7.71%, and LMD 19-1 including a 3% inflator cap on the annual change in CPI and will increase by 3%. The landscape maintenance service levels for each LMD will remain at their current level.
Ms. McIntosh stated the PLO has three zones and noted assessments from Zone A and B fund street lighting throughout the City and assessments from Zone C fund maintenance and operation of traffic signals, flashing beacons and related equipment. The assessments for the PLO are to remain unchanged from Fiscal Year 22 to 23 for all three zones. 4 of 14
October 17, 2023, Item #2
City
of
Poway
-
Minutes
-
July
18,
2023
Public
Comment:
None. End
of
Public
Comment.
Mayor
Vaus
closed
the
public
hearings
for
Items
8 through
14 at
7:15
p.m.
8. Resolution
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
83-1
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24
Motioned
by
Councilmember
Pepin,
seconded
by
Councilmember
De
Hoff
to
adopt
Resolution
No.
23-036
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California,
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
No.
83-1
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24"
Motion
carried
unanimously.
9. Resolution
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
86-1
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24
Motioned
by
Councilmember
Pepin,
seconded
by
Councilmember
De
Hoff
to
adopt
Resolution
No.
23-037
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California,
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
No.
86-1
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24"
Motion
carried
unanimously.
10. Resolution
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
86-2
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24
Motioned
by
Councilmember
Pepin,
seconded
by
Councilmember
De
Hoff
to
adopt
Resolution
No.
23-038
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California,
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
No.
86-2
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24".
Motion
carried
unanimously.
11 . Resolution
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
86-3
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24
Motioned
by
Councilmember
Pepin,
seconded
by
Councilmember
De
Hoff
to
adopt
Resolution
No.
23-039
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California,
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
No.
86-3
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24"
Motion
carried
unanimously.
12. Resolution
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
87-1
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2023-24
Motioned
by
Councilmember
Pepin,
seconded
by
Councilmember
De
Hoff
to
adopt
Resolution
No.
23-040
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California,
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
No.
87-1
to
be
5 of
14 October 17, 2023, Item #2
City of Poway -Minutes -July 18, 2023
Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24" Motion carried unanimously.
13. Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24 Motioned by Councilmember Pepin, seconded by Councilmember De Hoff to adopt Resolution No. 23-041 "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24" Motion carried unanimously.
14. Resolution Establishing Assessments for Poway Lighting District to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24
Motioned by Councilmember Pepin, seconded by Councilmember De Hoff to adopt Resolution No. 2023-042 "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Lighting District To be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24" Motion carried unanimously.
15. An Ordinance of the City of Poway relinquishing an approximate 0.07-acre portion of an existing City-owned trail easement in exchange for approximately 0.07-acres of new trail easement (Assessor Parcel Number 273-102-01-00) and determining that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061 (b)(3) Mayor Vaus opened the public hearing at 7: 17 p.m.
City Engineer Tracy Beach presented the report along with a PowerPoint presentation. She detailed the property location and explained the actual trail that is shown does not match the City's trail easement and pointed out a slight bend in the easement through the citrus orchard.
Ms. Beach stated the owners and neighbors of the property reached out to the City requesting trail fencing to encourage trail users to stay out of the orchard and on the trail. Staff evaluated the concern and agreed that fencing along the trail would be appropriate. Since fencing would involve placement within a San Diego County Water Authority easement, it was necessary to request approval from the San Diego County Water Authority. She noted at this time it was discovered the actual trail and use do not match the trail easement and needed to be corrected.
Ms. Beach explained the Poway Municipal Code allows relinquishment of a city trail easement by ordinance requiring a 4/5 vote of City Council provided special findings can be made. The findings, she concluded, are that along with the release of the portion of the trail easement in exchange for easement of equal size and quality for trail purposes is being transferred to the City concurrent with the easement vacation. The easement area exchanged would be in the location where the actual current trail exists.
Ms. Beach noted having received no public opposition to the request.
Public Comment:
None.
6 of 14
October 17, 2023, Item #2
City
of
Poway
-
Minutes
-
July
18,
2023
End
of
Public
Comment.
Mayor
Vaus
closed
the
public
hearing
at
7:21
p.m.
As
requested
by
the
Mayor,
City
Clerk
Gallagher
titled
the
Ordinance.
Ayes: Noes: Abstained: Absent: Disqualified:
Leonard,
Frank,
Grosch,
Mullin,
Vaus
None None None None
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
De
Hoff
to
introduce
Ordinance
No.
861
entitled
"An
Ordinance
of
the
City
Council
of
the
City
of
Poway,
California,
Pursuant
to
Section
16.16.110
of
the
Poway
Municipal
Code
Relinquishment
of
Trail
Easement
(APN
273-102-01-00)"
waive
further
reading
and
schedule
adoption
of
the
Ordinance
for
August
15,
2023.
The
Ordinance
must
be
approved
by
a
four-fifths
vote
of
the
City
Council.
Motion
carried
unanimously.
STAFF
REPORTS:
16. City
Council
District
2 Vacancy
-
Application
Review
and
Interviews
City
Attorney
Alan
Fenstermacher
presented
the
report.
He
explained
, as
directed
by
Council
resulting
from
the
June
2, 2023,
resignation
of
Councilmember
Leonard,
a
notice
of
vacancy
in
District
2 was
issued.
He
added
the
notice
included
instructions
to
sign
an
attestation
stating
that
if appointed
by
Council
to
the
vacancy
, the
applicant
would
not
run
for
election
in
the
2024
General
Municipal
Election
. He
noted
eigh
t applications
had
been
received
and
all
had
been
verified
as
residing
in
District
2. He
added
each
applicant
would
be
given
three
minutes
tonight
to
present
to
Council
in
favor
of
their
appointment
and
stated
following
the
presentations,
Council
could
either
appoint
an
individual
tonight,
or
continue
the
item
to
August
1. He
concluded
by
stating
August
1 would
be
the
last
day
to
either
appoint
or
call
a
special
election.
Based
on
the
City
Clerk
's
random
drawing
, the
following
applicants
were
called
forward
to
present
their
qualifications
for
the
position
:
1. Richard
Zampell
2. Matthew
Ficco
3. Carl
Browning
4. Vanessa
Springett
5. Robert
Polston
6. Anita
Edmondson
7. Peter
Babich
8. Marc
Hennen
Applicant
Matthew
Ficco
was
unable
to
attend
the
meeting.
Council
discussion
ensued
centered
around
the
qualities
they
are
looking
for
in
a
candidate.
Applicants
were
commended
and
thanked
for
their
interest
in
the
position
.
7 of
14 October 17, 2023, Item #2
City
of
Poway
-
Minutes
-
July
18,
2023
Public
Comment:
Nick
Carruthers
spoke
regarding
the
qualities
he
deemed
most
important
in
a
candidate.
Yuri
Bohlen
commended
the
applicants
and
voiced support
for
a
District
2 appointment.
End
of
Public
Comment
.
Council
discussion
ensued
. Consensus
was
reached
naming
Anita
Edmondson
as
uniquely
qualified
to
serve
on
the
Council,
her
history
of
community
engagement,
social
networking
,
familiarity
with
the
community,
involvement
with
the
Poway
Chamber
of
Commerce
and
the
Green
Valley
Civic
Association
were
all
included
as
unique
qualifications
.
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pepin
to
appoint
Anita
Edmondson
to
fill
the
vacant
District
2 City
Council
seat
to
serve
until
the
current
District
2 term
ends
following
the
results
of
the
November
5,
2024
General
Election.
Motion
carried
unanimously.
WORKSHOPS None. COUNCIL-INITIATED
ITEMS:
None
.
COUNCIL
COMMITTEE
REPORTS
and
ANNOUNCEMENTS:
Pursuant
to
AB1234
-
(G.C
.
53232(d)) Director
of
Public
Works
Eric
Heidemann
provided
an
update
on
the
San
Diego
County
Water
Authority. Councilmember
De
Hoff
noted
having
recently attended
a
Regional
Solid
Waste
Association
(RSWA)
meeting.
He
mentioned
the
passage
of
Senate
Bill
777,
a
modification
of
the
grocery
bag
fee
program
and
he
encouraged
the
public
to
take
old
batteries
to
recycling
centers
rather
than
place
them
into
the
trash
.
Council
thanked
Poway
Public
Safety
staff
for
their
work
on
a
recent
gas
main
incident.
Council
praised
the
expediency
and
composure
of
their
response
in
preventing
a
potentially
dangerous
situation
.
Mayor
Vaus
recognized
the
passing
of
Poway
resident
Bill
McKibbin
.
He
remarked
on
his
contributions
to
the
City
and
local
Veterans
noting
Mr
. McKibbin
founded
and
served
as
President
of
the
Poway
Veterans
Organization
.
Mayor
Vaus
added
the
annual
Poway
Veterans
Organization
Golf
Tournament
will
be
renamed
the
Bill
McKibbin Memorial
Golf
Tournament
in
his
honor.
CITY
MANAGER
ITEMS
None. 8
of
14 October 17, 2023, Item #2
City of Poway -Minutes -July 18, 2023
CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None.
CLOSED SESSION
None.
ADJOURNMENT
Mayor Vaus adjourned the meeting at 8:07 p.m. in honor of Poway Resident Bill McKibbin and his family.
9 of 14
Carrie Gallagher, CMC
City Clerk
City of Poway, California
October 17, 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
August 1, 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, Caylin Frank, Steve Vaus
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Bob Manis; Director of Finance Judy Tran; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain Nancy Blanco, 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 Frank led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATIONS
Oath of Office for New Councilmember
City Clerk Gallagher administered the Oath of Office to newly appointed Councilmember Anita Edmondson.
Mayor Vaus recessed the meeting at 7:08 p.m. for a brief reception in the Chambers Foyer.· 10 of 14 ATTACHMENT B
October 17, 2023, Item #2
City
of
Poway
-
Minutes
-
August
1,
2023
CALL
TO
ORDER
Mayor
Vaus
reconvened
the
meeting
at
7:
17 p.m.
ROLL
CALL
Present:
Brian
Pepin
, Peter
De
Hoff
, Anita
Edmondson,
Caylin
Frank,
Steve
Vaus
City
Manager
Chris
Hazeltine
introduced
Judy
B. Tran
as
the
new
Director
of
Finance.
PUBLIC
COMMENT
Terri
Sorensen
of
the
Poway
Neighborhood
Emergency
Corps
(PNEC)
, spoke
about
the
Neighbor
Helping
Neighbor
Program
and
PNEC
events
. Ms.
Sorensen
introduced
new
Board
Member
Mike
DeGraw
who
stated
his
primary
role
in
the
organization
would
be
emergency
communication
efforts. Stephen
Tregoning
spoke
regarding
preservation
, maintenance
and
growth
of
mountain
bike
trails
within
Poway.
Ben
Stone,
Trails
Coordinator
speaking
on
behalf
of
the
San
Diego
Mountain
Bikers
Association
spoke
regarding
the
importance
of
the
Sycamore
Canyon
trail
connection
along
Scripps
Poway
Parkway
and
support
for
maintaining
this
access
as
part
of
the
County's
Sycamore
Canyon
Public
Access Plan. Trent
Selbrede
spoke
in
support
of
preservation
of
the
Sycamore
Canyon
trail
plan
and
requested
the
Council's
endorsement
to
keep
the
access
and
connectivity
as
part
of
the
Sycamore
Canyon
Public
Access
Plan.
He
offered
his
time
and
service
to
maintain
the
trails
through
its
adoption.
Mayor
Vaus
noted
the
City's
support
for
access
and
connectivity
through
the
Sycamore
Canyon
Public
Access
Plan
.
CONSENT
CALENDAR
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pepin
to
approve
Consent
Calendar
Items
1 through
8. Motion
carried
5/0
by
the
following
roll-call
vote:
Ayes: Noes: Abstained: Absent
:
Disqualified:
De
Hoff,
Edmondson,
Pepin,
Frank,
Vaus
None None None None
1. Approval
of
Reading
by
Title
Only
and
Waiver
of
Reading
in
Full
of
Ord
inances
on
this
Agenda
2. Approval
of
the
May
16,
2023
Regular
City
Council
Meeting
Minutes
3. First
Amendment
to
the
Exclusive
Negotiating
Rights
Agreement
with
Wakeland
Housing
&
Development
Corporation
for
the
Monte
Vista
Affordable
Housing
Development
Project
(APN
275-460-61)
11 of
14 October 17, 2023, Item #2
City of Poway -Minutes -August 1, 2023
4. Authorization to Purchase Two (2) Cab and Chassis through the GM Government Bid Assistance Program with Two (2) Utility Bodies by Open Market Competitive Bid, One (1) Loader Utilizing Sourcewell Cooperative Purchasing Program Contract #032119-CNH, One (1) Roller Utilizing Sourcewell Cooperative Purchasing Program Contract #032119-VCE, One (1) Skid Steer Utilizing Sourcewell Cooperative Purchasing Contract #040319-CEC, One (1) Ram Fire Command Vehicle Utilizing Sourcewell Cooperative Purchasing Program Contract #091521-NAFG, One (1) Ram Fire Utility Pickup Truck Utilizing Sourcewell Cooperative Purchasing Program Contract #091521-NAF and Appropriation of Funds Mayor Vaus speaking on Item 4, noted he was hopeful to keep the vehicle purchases in Poway but received no local bids.
5. Award of Contract to Fordyce Construction, Inc., for the FY 2022-23 ADA Barrier Removal - Community Park Project, Bid No. 23-010, Appropriation of Additional Funds and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
6. Award of Contract to Tri-Group Construction and Development, Inc., for the Starridge Park and Community Park Pathways Extension project, Bid No. 23-011, Appropriation of Additional Funds and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
7. Acceptance of the Poway Swim Center Artificial Turf Installation Project with Synlawn as Complete
Councilmember Pepin spoke on Item 7, he praised City staff on the completion of the project.
8. Adopt a Resolution to Return to Water Shortage Level 1 Voluntary Water Measures and Rescind Resolution No. 22-034
ORDINANCES FOR INTRODUCTION
None.
PUBLIC HEARINGS:
9. 2022 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2023-2024
Mayor Vaus opened the public hearing at 7:31 p.m.
Director of Development Services Bob Manis presented the item. He described the Weed Abatement Program and explained Council action will allow the cost of the abatement to be placed on next year's Tax Roll. He added the City sent out 246 notices to private property owners, and only had to perform weed abatement on 13 of those properties. He noted, five of the properties have already paid their invoices therefore eight properties will have the abatement costs added to their property tax bill for next year. Mr. Manis explained the assessment includes the cost of the abatement work plus a $175 administrative fee according to the City's Master Fee Schedule.
12 of 14
October 17, 2023, Item #2
City of Poway -Minutes -August 1, 2023
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the public hearing at 7:32 p.m.
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 23-045 entitled "Approving the 2022 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2023-2024." Motion carried unanimously.
STAFF REPORTS:
10. Resolution Approving a New Lease Agreement with Hamburger Factory, Inc., and First Amendment Transferring the Lease to Cheeseburgers in Poway, LLC Director of Community Services Audrey Denham presented the item. Ms. Denham provided some background on the item, recognizing the Spear family as the owners and operators of the Hamburger Factory for the past 25 years. Ms. Denham read a letter from the Spear family in support of the sale noting the decision was made to ensure the legacy of the Hamburger Factory and continue its business and community ties with the City of Poway.
Ms. Denham explained the City is responsible for vetting and approving the transfer of the lease agreement since the building is owned by the City. The applicant, Mr. Josh Arbenz, provided a business plan that demonstrated financial strength and experience. She added he met with Council and staff to discuss his vision in detail noting he grew up in Poway and included highlights from his business plan, including, updating the business, modernizing the menu; maintaining the existing customer base while attracting new clientele; improving the business website, social media, and online ordering systems, sponsoring local youth sports teams and hosting gatherings, and emphasize hiring and keeping exceptional staff.
Ms. Denham described the new City-negotiated lease agreement, highlighting some notable changes including terms. Upon the sale of the Hamburger Factory business, the Spear family is responsible for paying the Poway Emergency Assistance Recovery Loan and unpaid rent.
Beginning August 1, 2024, Mr. Arbenz will be responsible for interior and exterior repair and maintenance of the building and the City's repair and maintenance responsibilities will be limited. Upon City approval the Spear family and Mr. Arbenz can finalize the sale of the business. She noted City staff will work closely with Mr. Arbenz to notify the public to ensure a smooth transition.
Public Comment:
None.
End of Public Comment.
Council discussion ensued. Council responded positively to the proposed business plan and expressed their excitement for the proposed changes to renew and revitalize the business. 13 of 14
October 17, 2023, Item #2
City of Poway -Minutes -August 1, 2023
Council noted the applicant's willingness to carry on the legacy of the Spear Family with community involvement and to embrace the Old Poway Park aesthetic.
Motioned by Mayor Vaus, seconded by Councilmember Pepin to adopt Resolution No. 23-046 "Approving an Amended Lease Agreement with Hamburger Factory, Inc., and the First Amendment Transferring the Lease to Cheeseburgers in Poway, LLC," and authorize the City Manager to execute all necessary documents related to the Agreement. Motion carried unanimously.
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Pepin echoed support for trail connectivity and provided an update on the recent San Dieguito River Park Joint Powers Association meeting noting approval to move forward with a connection of the Osuna Trail segment.
Mayor Vaus thanked the San Diego County Sheriff's Department and Poway Fire Department for hosting the National Night Out community event at Lake Poway.
Mayor Vaus provided an update on the San Diego Association of Governments (SANDAG), including the resignation of SANDAG Chief Executive Officer.
CITY MANAGER ITEMS
None.
CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None.
CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned at 7:45 p.m.
14 of 14
Carrie Gallagher, CMC
City Clerk
City of Poway, California
AGENDA RE PQ RT City of Poway
DATE:
TO:
FROM:
SUBJECT:
Summary
October 17, 2023
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk �
(858) 668-4535 or [email protected]
Adoption of the 2024 City Council Meeting Calendar
City Council to consider and adopt the Meeting Calendar for 2024.
Recommended Action:
It is recommended the City Council adopt the Calendar as submitted.
Discussion:
CITY COUNCIL
Pursuant to Section 2.18.040 of the Poway Municipal Code, unless cancelled, the City Council shall hold regular meetings in the Council Chambers of City Hall, 13325 Civic Center Drive, on the first and third Tuesday of each month at 7:00 pm. Staff recommends the 2024 Council Meeting Calendar be modified as follows:
• Cancel the January 2, 2024 regular meeting due to the holiday schedule's impact on agenda preparation.
• Cancel the November 5, 2024 regular meeting (2024 General Election) and re-schedule for Wednesday, November 6, 2024, if necessary.
Special Meetings and Workshops may be added to the Council Meeting schedule during the year on an as needed basis.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
1 of 3
October 17, 2023, Item #3
Public Notification:
None.
Attachments:
A. Proposed 2024 City Council Meeting Calendar
Reviewed/Approved By:
�� Wendyaserman
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
2 of 3
October 17, 2023, Item #3
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S M T W T F S S M T W T F S S M T W T F S
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S M T W T F S S M T W T F S S M T W T F S
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7 p.m. City Council Meeting, 13325 Civic Center Drive
City Holiday
City Offices Closed
Staff Proposed Changes
2024City Council Meeting Calendar
3 of 3
October 17, 2023, Item #3
ATTACHMENT A
■
_J
-
-
-
-
--
-
--
- - -
- --
- - - -- - -
-
- -- - --
- -
October 17, 2023, Item #4
AG EN DA REPQR_T City of Poway
CITY COUNCIL
DATE: October 17, 2023
TO:
FROM:
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services M
Alex Ubaldo, P.E., Principal Civil Engineer ~ CONTACT:
SUBJECT:
Summary:
(858) 668-4602 or [email protected] ~
Approval of Consultant Agreement with Project Design Consultants for the Community Park Concrete Ribbon Drain Project, RFP No. 24-003 This action will award a Consultant Agreement to Project Design Consultants (PDC) to provide an assessment of existing conditions and prepare preliminary level design for the Community Park Concrete Ribbon Drain project.
Recommended Action:
It is recommended the City Council:
1. Approve the Consultant Agreement (Attachment A) with Project Design Consultants (PDC) in the amount of $139,665 for the Community Park Concrete Ribbon Drain project, per the outlined terms of the agreement and authorize the City Manager to execute the necessary documents;
2. Approve the allocation of available fund balance from the Rattlesnake Creek Streambank Stabilization project (DR007) in the amount of $22,653.33 and authorize the transfer of such funds to the Community Park Concrete Ribbon Drain project; and
3. Appropriate additional funds in the amount of $42,011 ,67 from the Drainage and Stormwater Funds, available fund balance to the Community Park Concrete Ribbon Drain project.
Discussion:
Rattlesnake Creek runs southwesterly through Community Park via an open earthen channel and concrete ribbon gutter constructed in the late 1970s. The ribbon gutter is a concrete swale that serves as a low flow channel for Rattlesnake Creek. It is located between the tennis courts and park playground and eventually outlets into a larger trapezoidal concrete lined open channel just south of the pedestrian bridge. Approximately 550 lineal feet of the low flow channel has deteriorated, exposing the earth in several locations. During storm activity, water flowing through the channel further erodes the exposed earth and undermines the existing concrete ribbon gutter.
On August 3, 2023, the Development Services Department issued a Request for Proposal (RFP No. 24- 1 of 21
October 17, 2023, Item #4
003) to assess the existing condition and perform a feasibility study and preliminary design for a potential repair and/or enhancement project. The City received proposals from two consulting firms.
After evaluating and scoring the proposals, staff concluded PDC is the most qualified consultant for this project. PDC is familiar with this type of work and presented a team that has specific experience with creek rehabilitation, drainage assessment and repair.
The project scope includes evaluating the approximately 550 lineal feet of open earthen channel and concrete ribbon gutter and preparing a recommendation of remediation and repair options to prevent further erosion along the channel sides and bottom. The consultant will prepare a restoration plan that will also include potential options for improving habitat protection, water quality and restoration of the creek using non-structural design elements. The consultant will identify the level of environmental clearance and regulatory permit approvals required for the project and a cost benefit analysis of the repair and/or restoration actions. When the City elects to move forward with a construction project based on a selected preliminary design, staff will return to Council and request additional appropriation for Final Design and preparation of construction documents.
Environmental Review:
This action to approve the consultant agreement is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The consultant's fee will be based on the scope of work as outlined in the Consultant Agreement and the not-to-exceed fee of $139,665.00. There is $75,000.00 available in the Community Park Concrete Ribbon Drain project (DR008) currently. Approval of this item will require a transfer of $22,653.33 from the Rattlesnake Creek Streambank Stabilization project (DR007}, available unspent fund balance to the Community Park Concrete Ribbon Drain project (DR008) and an additional appropriation of $42,011.67 from the Drainage and Stormwater Funds, available fund balance to the Community Park Concrete Ribbon Drain project.
Public Notification:
None.
Attachments:
A. Consultant Agreement
Reviewed/Approved By:
Assistant City Manager
2 of 21
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
October 17, 2023, Item #4
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
18 th
day
of
October,
2023
, by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
PROJECT
DESIGN
CONSULTANTS,
a
BOWMAN
COMPANY,
(hereinafter
referred
to
as
"Consultant").
RECITALS
WHEREAS,
City
desires
to
obtain
the
services
of
a
private
consultant
to
prepare
an
engineering
study
and
assessment
for
the
Community
Park
Concrete
Ribbon
Drain
Assessment
Project
(Project); WHEREAS,
Consultant
is
a
civil
engineering
consultant
and
has
represented
that
Consultant
possesses
the
necessary
qualifications
to
provide
such
services;
and
WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Consultant
as
hereinafter
set
forth.
NOW,
THEREFORE,
IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONSUL
TANT
ON
THE
FOLLOWING
TERMS
AND
CONDITIONS:
1. Scope
of
Services.
Consultant
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
2. Compensation
and
Reimbursement.
City
shall
compensate
and
reimburse
Consultant
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
3. Term
of
Agreement.
The
term
of
this
Agreement
shall
be
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof
.
4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.
Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Consultant.
During
said
60-
day
period
Consultant
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.
This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of
this
Agreement,
misrepresentation
by
Consultant
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services,
or
the
failure
to
perform
services
as
directed
by
City.
Termination
for
cause
shall
be
effected
by
delivery
of
written
notice
of
termination
to
Consultant.
Such
termination
shall
be
effective
upon
delivery
of
said
notice.
3 of
21 1
ATTACHMENT
A
October 17, 2023, Item #4
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services.
The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
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 of 21
2 October 17, 2023, Item #4
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
!Z1 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Robert J. Manis, Director of Development Services
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of 21
3 October 17, 2023, Item #4
(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
6 of 21
4 October 17, 2023, Item #4
(c)
The
foregoing
obligations
of
Consultant
shall
not apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Consultant,
anyone
directly
or
indirectly
employed
by
it
or
anyone
for
whose
acts
it
may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Consultant
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts
.
(e)
Consultant
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Consultant
is
carrying
and
maintaining;
however,
if
Consultant
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Consultant
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Consultant
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate
, abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15 .
(g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.
16. Assumption
of
Risk.
Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Consultant:
(a)
Consultant
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Consultant
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Consultant's
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Consultant
or
its
employees
in
connection
with
Consultant's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services
.
17. Consultant
Not
an
Agent.
Except
as
City
may
specify
in
writing,
Consultant
shall
have
no
authority
,
expressed
or
implied
,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.
Consultant
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.
18. Personnel. Consultant
shall
assign
qualified
and
certified
personnel to perform
requested
services.
The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects
. City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Consultant
by
giving
oral
or
written
notice
to
Consultant
to
such
effect.
7 of
21 5
October 17, 2023, Item #4
Consultant's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
19. Notices. Notices
shall
be
given
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
20. Governing
Law,
Forum
Selection
and
Attorneys'
Fees.
This
Agreement
shall
be
governed
by,
and
construed
in
accordance
with,
the
laws
of
the
State
of
California.
Each
party
to
this
Agreement
consents
to
personal
jurisdiction
in
San
Diego
County,
California,
and
hereby
authorizes
and
accepts
service
of
process
sufficient
for
personal
jurisdiction
by
first
class
mail,
registered
or
certified,
postage
prepaid,
to
its
address
for
giving
notice
as
set
forth
in
Exhibit
"A"
hereto.
Any
action
to
enforce
or
interpret
the
terms
or
conditions
of
this
Agreement
shall
be
brought
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration.
Consultant
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
section
394.
The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees.
Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Consultant
in
the
event
of
termination,
Consultant's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Consultant
would
have
been
entitled
to
receive
compensation
if terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses
.
21. Gender. Whether
referred
to
in
the
masculine,
feminine,
or
as
"it,"
"Consultant"
shall
mean
the
individual
or
corporate
consultant
and
any
and
all
employees
of
consultant
providing
services
hereunder
.
22. Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts,
each
of
which
shall
be
deemed
an
original,
but
all
of
which,
together,
shall
constitute
one
and
the
same
instrument.
Documents
delivered
by
telephonic
facsimile
transmission
shall
be
valid
and
binding
.
23. Entire
Agreement.
This
Agreement
shall
constitute
the
entire
understanding
between
Consultant
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Consultant.
No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any
force
or
effect
unless
it is
in
writing
and
executed
by
the
party
to
be
bound
thereby.
24. Certification
and
Indemnification
Regarding
Public
Employees'
Retirement
Law/Pension
Reform
Act
of
2013.
Contractor
hereby
certifies
that
all
persons
providing
services
to
City
by
Contractor
are
not
current
members
of
the
California
Public
Employees'
Retirement
System
(CalPERS)
and
shall
not
become
members
of
CalPERS
while
providing
services
to
City.
8 of
21 6
October 17, 2023, Item #4
Contractor
further
provides
that
in
the
event
Contractor
assigns
a
retired
annuitant
reeeiving
a
pension
benefit
from
CalPERS
to
perform
services
for
City,
the
retired
annuitant
is
in
full
compliance
with
Government
Code
section
7522.56
.
A
copy
of
Government
Code
section
7522
.56
is
attached
hereto
as
Exhibit
"B
."
Further,
Contractor
hereby
fully
and
unconditionally
indemnifies
City
from
all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
imposed
by
CalPERS
in
the
event
CalPERS
determines
the
person
assigned
by
Contractor
to
provide
services
to
City
has
been
misclassified
.
25. Severability.
If
any
provision
of
this
Agreement
is
determined
by
any
court
of
competent
jurisdiction
or
arbitrator
to
be
invalid,
illegal,
or
unenforceable
to
any
extent,
that
provision
shall,
if possible,
be
construed
as
though
more
narrowly
drawn,
if
a
narrower
construction
would
avoid
such
invalidity,
illegality,
or
unenforceability
or,
if
that
is
not
possible,
such
provision
shall,
to
the
extent
of
such
invalidity,
illegality,
or
unenforceability,
be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect.
(Remainder
of
page
intentionally
left
blank)
9 of
21 7
October 17, 2023, Item #4
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
ATTEST: Carrie
Gallagher
, CMC
, City
Clerk
APPROVED
AS
TO
FORM:
By:
___________
_
Alan
Fenstermacher,
City
Attorney
10 of
21 PROJECT
DESIGN
CONSULTANTS,
a
Bowman
Company
8 By
:------------Marina
Wurst,
PE
, Principal-In-Charge
October 17, 2023, Item #4
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the engineering study and assessment services further described in the Scope of Services submitted with the proposals dated September 5, 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 Proposals submitted with the proposals dated September 5, 2023, which are included in this document as Attachment 2. Total fee is not to exceed one hundred thirty-nine thousand six hundred sixty-five dollars ($139,665). Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall commence and be effective as of October 18, 2023 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 11 of 21
1 October 17, 2023, Item #4
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.
(d)
Workers'
Compensation
insurance
in
statutory
amount.
All
of
the
endorsements
which
are
required
above
shall
be
obtained
for
the
policy
of
Workers'
Compensation
insurance
.
2. Endorsements: Endorsements
shall
be
obtained
so
that
each
policy
contains
the
following
three
provisions
:
(a)
Additional
Insured
.
(Not
required
for
Professional
Errors
and
Omissions
Liability Insurance
or
Workers'
Compensation.)
"City
of
Poway
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees
are
additional
insureds
with
respect
to
this
subject
project
and
contract
with
City."
(b)
Notice.
"Said
policy
shall
not
terminate,
nor
shall
it
be
canceled,
until
thirty
(30)
days
after
written
notice
is
given
to
City."
(c)
Primary
Coverage.
"The
policy
provides
primary
coverage
to
City
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees.
It
is
not
secondary
or
in
any
way
subordinate
to
any
other
insurance
or
coverage
maintained
by
City."
3. Insurance
Certificates:
Consultant
shall
provide
City
certificates
of
insurance
showing
the
insurance
coverages
described
in
the
paragraphs
above,
in
a
form
and
content
approved
by
City,
prior
to
beginning
work
under
this
Agreement.
E.
Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses:
To
City:
To
Consultant:
12 of
21 2
City
of
Poway
-
Development
Services
13325
Civic
Center
Drive
Poway,
CA
92064
Project
Design
Consultants
701
B
Street,
Suite
800
San
Diego,
CA
92101
October 17, 2023, Item #4
Attachment
1 Scope
of
Work
When
the
project
is
awarded
and
our
team
is
authorized
to
proceed,
we
will
provide
a detailed
explanation
of
the
scope
of
services
for
this
project.
Identifying
goals
at
the
start
of
a project
is
a
necessary
component
to
the
project
's success
. We
will
maintain open
and
fluid
communication
throughout
the
length
of
the
project,
respecting
the
existing
site
conditions
of
Rattlesnake
Creek
and
the
population
currently
utilizing
the
space
.
1. PROJECT
MANAGEMENT
The
PDC
I Bowman
team
will
prepare
a project
management
plan
that
supports
ongoing
team
and
agency
coordination,
open
lines
of
communication,
regularly
scheduled
meetings,
quality
control/
assurance,
and
ongoing
tracking
of
key
project
issues
and
resolutions
. This
document
will
guide
external
and
internal
organization
and
distribution
of
critical
information
.
It
will
outline
the
project
schedule,
budget,
contractual
relationships,
contact
information
for
City
and
team
members,
team
responsibilities,
project
goals
and
expectation
s, flow
of
communication,
meeting
schedule,
public
outreach
schedule,
and
other
elements
critical
to
the
success
of
the
project.
This
schedule
will
be
subdivided
into
detailed
programs
for
individual
project
elements,
which
will
be
monitored
monthly
against
progress
.
Project
Coordination
+
Administration
Coordination.
The
PDC
I Bowman
team
will
maintain
close
coordination
with
City
staff
and
regulatory
agencies
throughout
the
entire project.
Marina
Wurst,
PE
will
serve
as
Principal-in-Charge
alongside
Senior
Project
Manager
, Chelisa
Pack,
and
serve
as
the
liaison
between
City
staff
and
the
consultant
team. Communication.
The
PDC
I Bowman
team
will
maintain
consistent
communication
with
City
staff
and
consultant
members
to
review
project
concepts
and
keep
the
project
on
schedule
and
within
budget.
Regular
communication
among
the
team,
stakeholders
, and
the
City will
be
facilitated
through
the
Project
Manager
.
Project
Meet
ings.
The
PDC
I Bowman
team
will
attend
the
"kick-off"
meeting
with
City
staff
subsequent
to
the
Notice
to
Proceed
. The
purpose
of
this
meeting
is
to
get
acquainted
with
participating
City
staff,
present
the
project,
delegate
responsibility,
and
outline
overall
goals
and
Bowman
I City
of
Poway
Community
Park
Drainage
I September
5,
2023
30 13
of
21 October 17, 2023, Item #4
desired project outcomes. This will include refining the project scope, action item list, and schedule to better define tasks, establish key milestones, and develop creative solutions to maintain the project schedule and budget.
The PDC I Bowman team will work with the City staff to schedule routine meetings that discuss the status of various work efforts, the project schedule, and any issues and opportunities that arise that require input and direction. Following these meetings, notes or action items will be documented and distributed to the team. To minimize costs, some meetings may be conducted via conference call or on line Zoom meetings.
2. PRELIMINARY RESEARCH/INVESTIGATION ASSESSMENT
The Consultant team will conduct field visits to inspect the existing conditions of the channel and Rattlesnake Creek. This investigation will refine the site's opportunities and constraints for the channel repair and the team will work collaboratively to provide concept designs. The Consultant team will review the as-built information provided from the City of Poway RFP and will coordinate with the City of Poway and other agencies for additional drawings and information needed including existing utility infrastructure.
A flown aerial imagery and topography will be prepared of the project area for existing contours and elevations.
Partial Boundary Survey: PDC will provide surveying services to prepare a partial land survey of the subject property as defined by NSPS. PDC will perform a field survey of the subject property using the legal description in the title report provided by the Client and as outlined above. The survey will be based on existing found property monuments, available evidence, research, record maps and deeds and will be sufficient to prepare future project design. This will not be a full and complete boundary survey but will be sufficient to plot the existing property line, easements of record and aerial topography.
Aerial Topographic Mapping and Imagery: PDC will prepare acquire new aerial imagery of the approximately 20-acre park site and will prepare aerial topographic mapping that will meet national mapping accuracies for a 1 "= 40' scale with a 1-foot contour interval. The mapping limits will include the land area of the project site and at least SO-feet of overlap into the adjoining properties and roads. The aerial mapping will be tied to the appropriate City of Poway horizontal and vertical datums. In additional, PDC will prepare a 0.25' digital color ortho of the same area. This is the design topography that will be utilized for preliminary engineering.
Encumbrance Title Review: review of a current City-provided title report. Any recorded easement encumbrances contained within the provided preliminary title report will be plotted. The survey will be based on the above-described requirements, a completion date of approximately 5-6 weeks, after written authorization to proceed, and delivery of a preliminary title report with referenced documents.
Additional topographic and survey data will be collected to support preparation of existing base/ master file. This base file task will include the creation of the electronic AutoCAD drawing file which incorporates the aerial topography and survey data. The base master file will also include existing utility information generated from the aerial topography, fields visits, existing FEMA floodplain linework for floodplains and floodways, and available City record research. This base file will be used to create the proposed repair and/or restoration concept plans.
Bowman I City of Poway Community Park Drainage I September 5, 2023 31 14 of 21
October 17, 2023, Item #4
A RECON biologist will conduct a field reconnaissance site visit to gather information on the existing condition of the subject reach of Rattlesnake Creek and assess the potential options for the restoration effort. Representative photographs will be taken of the erosional damaged areas for reference. A recent aerial photograph of the creek reach will be used to prepare a preliminary map of the creek location, damaged areas, and existing vegetation communities. This information will be used in the preparation of the project base maps.
RECON will gather information on current natural and man-made techniques for the restoration and stabilization of creek beds and banks. This research will be used to determine the best options available to meet the needs of the creek restoration project chosen.
Geocon's team will review published geologic reports, in-house geotechnical reports, published geologic maps, and other literature pertaining to the site and adjacent areas to aid in evaluating geologic hazards that may be present. They will be responsible for scheduling an Underground Service Alert (dig alert) for utility location. Geocon will perform up to 4 exploratory borings to depths up to 15 feet below existing grade, to observe site soil conditions and obtain samples for laboratory testing using a limited drill rig. They will then perform laboratory tests on selected soil samples to evaluate compaction characteristics, expansion index, and corrosivity characteristics of the prevailing soils encountered.
Deliverable: A comprehensive AutoCAD basefile of existing conditions and a Technical Memorandum of Assessment including site visit survey notes, evaluations, photographs, surveys, and other appropriate documentation. Additionally the consultant will provide an electronic AutoCAD file of the property parcel base map and topography information.
3. CONCEPT DESIGN & COST ESTIMATES
PDC I Bowman will review Rattlesnake Canyon Creek and summarize an estimate of flow rates for different return period storm events using published FEMA values to assist with the conceptual designs of the creek channel repair.
Chang Consultants will develop a preliminary HEC-RAS model to analyze the existing channel conditions through the Community Park. This preliminary model will use the existing survey elevations developed in Scope item #2 and the hydrology results to help determine the channel velocities which may have contributed to erosion of the existing channel.
This preliminary analysis will help inform and further develop which design alternatives to present in the Final Report Assessment.
Bowman I City of Poway Community Park Drainage I September 5, 2023 32 15 of 21
October 17, 2023, Item #4
This overall concept design process will incorporate the findings of the site visit, RECON's ecological and environmental permit findings, PDC J Bowman's channel grading options, and Chang Consultants' preliminary HEC-RAS analysis. The Consultant team will proceed to produce up to two (2) conceptual designs. Conceptual designs for potential repair and/or enhancement will target a goal to provide long term sediment management capabilities and prevent erosion, while also meeting other goals for improvement of the park area. The conceptual design may also incorporate water quality benefits and restoration of creek. The design alternatives could include, but not be limited to, riprap, reinforced turf mats, gab ion lined channels, and/or drop structures.
The two concept designs will include the proposed channel layout and floodplain boundaries, channel and floodplain cross-section dimensions for riffles and pools, longitudinal profile, and vegetation plan. The plan would also include proposed stormwater outfall treatments to improve water quality.
The Consultant team will prepare cost estimates for each proposed concept design including quantities and unit costs based on current Development Services Engineering Division Unit Price List and current market estimates.
4. ANTICIPATED ENVIRONMENTAL CLEARANCE & PERMITS
RECON will provide a description of the scope of regulatory approvals and permits that will be required to perform the creek restoration work for each concept alternative. Each alternative creek restoration concept will be reviewed to ensure that it meets the conditions necessary to comply with the applicable federal, state, and local laws, regulations, standards, and guidelines for work in potential jurisdictional waters.
5. PREPARATION OF DRAFT & FINAL REPORT ASSESSMENT.
Our draft Creek Assessment and proposal of conceptual repairs will document the feasibility study evaluating existing channel conditions, and consider options for channel restoration within the constraints of the watershed and surrounding land uses, and produce a final report of findings with conceptual design options. The proposed channel repair and/or restoration design parameters will be selected based on existing geomorphic conditions, reference channels, and hydraulic analysis ..
Geocon will prepare a geotechnical report in accordance with the 2022 California Building Code and presenting their findings, conclusions, and recommendations regarding the geotechnical aspects of constructing the proposed surface drainage improvements.
Bowman I City of Poway Community Park Drainage [ September 5, 2023 33 16 of 21
October 17, 2023, Item #4
Their report will include a summary of the potential geologic hazards that might affect the project (faulting, liquefaction, seismic shaking, landslides), soil/excavation characteristics, and preliminary geotechnical recommendations for the design and construction of the project including:
Excavation and Soil Characteristics;
Temporary Excavation Recommendations (if applicable);
Grading Recommendations;
Dewatering Recommendations (if applicable);
Storm Water Management Recommendations; and
Hardscape Design Recommendations.
PDC I Bowman will compile the information from the multi-disciplinary team into a comprehensive report. Our in house graphic rendering team will visually depict up to two (2) specific, measurable, and realistic outcomes with in-depth merits and demerits, as well as a concise executive summary giving clear expectations on feasible options.
Deliverable: Draft and Final Report, including Conceptual Channel Retrofit Plan Bowman I City of Poway Community Park Drainage I September 5, 2023 34 17 of 21
October 17, 2023, Item #4
.....
00 0
'"i,
N ..... ---- PROJECT DESIGN
I
701 1:1 S\lvVL s~•l v SO:l
CONSULTANTS
!:.lno ,r...,,C _. ~:1 0 1
fJ 1:)7J!,6 4Jl !fll
a Bowman company
G19Jl <I OJ~ll rh
Planni ng I land scn pe Architocturu Englnuarin g Sun,uy PERSONNEL HOURS • LABOR COSTS
CITY OF POWAY COMMUNITY PARK Senior Senior Landscape Senior Asst Senior I I Senior I I Admin./ I I TOTAL I OTHER CONCRETE RIBBON DRAIN Project Landscape Designer/ Planner Project Project Project Project RECON SurveyiMap 2-Man survey clerical/tech TOTAL LABOR DIRECT I TOTAL Graphics Engineer COST
ASSESSMENT Manager Architect Graphics Manager Manager Manager Technician crew edit HOURS COST COSTS 9/14/2023 Land. Arch. Civil Eno WO Eng Surveyor
$215 $145 S135 S125 S215 S185 S160 S215 s215 I S145 I S250 I $90 I I ($) I ($) I ($) [TASK 1 - Proiect Manaaement
1.1 Pro·ect Kick Off Meetina 2.0 2.0 2.0 2.0 2.0 10 S1 910
11.2 Oiscioline Coordination 2.0 2.0 4.0 8 S1 420
11.3 IProleet Manaaement 14.0 6,0 10,0 30 S6.120
L1,4 ICitv Meetinas {Assumes 6 Meetinas) 6.0 6,0 6.0 6.0 6,0 30 S5 730 TASK 1 TOTAL 10 0 0 10 22 12 6 0 18 0 0 0 78 $15180 soT S15180 TASK 2-Preliminary ResearcMnvestigation & Assesment
2.1 Existing utilities research (GIS) 2.0 4.0 6 S790
2.2 Existina utiUlies research 4.0 4 S640
2.3 Record Research 4.0 4.0 8 S1140
2.4 RECON-lnitial Bioloaical Research 25.0 25 S5.375 )>
2.5 Aerial ToooaraDhv (Drone) 8.0 62.0 70 S10.710 ....
2.6 Maooina 10.0 28.0 38 S6 210 ....
~ 2.7 GEOCON Initial Geotechnical lnvestioation 0 so S6 545 (') 2.8 ChanQ Consultants Initial (HEC-RAS & Report) 0 so S17.600
2.9 Chang Consultants Sediment Transport Anatysis• (Optional. see 0 so ::r below\ 3 2.10 Suoclemental Survev 8.0 8 S2,000 ct) 2.11 Site Visit 2.0 3,0 4.0 4.0 13 S2,04S ::I 2.12 Basefile Comoilation 2.0 8 .0 10 S1,6SO -
TASK2 TOTAL 0 4 0 11 0 6 20 18 25 90 8 0 182 S30 560 $24145 $54 705 N
TASK 3-Conceot Oes1on & Cost Estimates
3.1 Conceot Enoineerino - Two 2 Attemative Desions 10 20 100 130 S21 850
3.2 Concept Landscape - Two (2) Alternative Designs 8 12 16 40 76 $10,620
3.3 RECON 10 10 S2.150
3.4 GEOCON Desion Consultation 0 so S2 035
3.L J.T. Kreuer 0 so $3,540
TASK3 TOTAL 8 12 16 40 10 20 100 0 10 0 0 0 216 $34 620 $5,575 I $40,195 TASK 4 - AniiCi -ated Erlvironmental Clearance & Penn its
4.1 RECON 25 25 S5 375
TASK4TOTAL 0 0 0 0 0 0 0 0 25 0 0 0 25 $5 375 so $5,375 TASK 5 -Pre aration of Draft & Final Re art Assessment
5.1 Draft Re ort Pre aralion 8 32 20 30 90 S1S.S70
5.2 Final Report Preparation 4 12 12 20 48 S8,640
TASKS TOTAL 12 0 0 44 32 so 0 0 0 0 0 0 138 s24,210 ___ so_ _$1_4 .2f0 ,v,,-u .. ESTIMATEO PROJccf LABOR Z DIRECT COSTS .MtHQQtj ADDITTONAL OPTTON £CHANG~C_Q!jSULTANTS/ 30 I 16 I 16 I 105 I 64 I 81 I 126 I 18 I 78 I 90 I 8 I 0 I 639 I s109,945 I $29,720 I $139,665 October 17, 2023, Item #4
EXHIBIT
"B"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.
Deering's
California
Codes
Annotated>
.GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
> Article
4 California
Public
Employees'
Pension
ReformActo/2013
§ 7522.56.
Provisions
applicable
to
person
receiving
pension
benefit
from
public
retirement
system;
Section
supersedes
conflicting provisions
(a)This
section
shall
apply
to
any
person
who
is
receiving
a pension
benefit
from
a public
retirement
system
and
shall
supersede
any
other
provision
in
conflict
with
this
section.
(b)
A
retired
person
shall
not
serve,
be
employed
by,
or
be
employed
through
a contract
directly
by,
a public
employer
in
the
same public
retirement
system
from
which
the
retiree
receives
the
benefit
without
reinstatement
from
retirement,
except
as
permitted
by
this
section. (c)
A
person
who
retires
from
a public
employer
may
serve
without
reinstatement
from
retirement
or
loss
or
interruption
of
benefits
provided by
the
retirement
system
upon
appointment
by
the
appointing
power
of
a public
employer
either
during
an
emergency
to
prevent stoppage
of
public
business
or
because
the
retired
person
has
skills
needed
to
perform
work
of
limited
duration.
( d)Appointments
of
the
person
authorized
under
this
section
shall
not
exceed
a total
for
all
employers
in
that
public
retirement
system
of
960
hours
or
other
equivalent
limit,
in
a
calendar
or
fiscal
year
, depending
on
the
administrator
of
the
system.
The
rate
of
pay
for
the
employment
shall
not
be
less
than
the
minimum,
nor
exceed
the
maximum,
paid
by
the
employer
to
other
employees
performing
comparable
duties,
divided
by
173.333
to
equal
an
hourly
rate.
A
retired
person
whose
employment
without
reinstatement is
authorized
by
this
section
shall
acquire
no
service
credit
or
retirement
rights
under
this
section
with
respect
to
the
employment
unless
he
or
she
reinstates
from
retirement.
(e)
19 of
21 (l)Notwithstanding
subdivision
(c),
any
retired
person
shall
not
be
eligible
to
serve
or
be
employed
by
a public
employer
if,
during
the
12-month
period
prior
to
an
appointment
described
in
this
section,
the
retired
person
received
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
1 October 17, 2023, Item #4
Cal Gov Code § 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
20 of 21
(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.
2 October 17, 2023, Item #4
Cal
Gov
Code
§ 7522.56
(4)The
retiree
is
a public
safety
officer
or
firefighter
hired
to
perform
a function
or
functions
regularly
performed
by
a public
safety
officer
or
firefighter.
(g)A
retired
person
who
accepted
a
retirement
incentive
upon
retirement
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a period
of
180
days
following
the
date
of
retirement
and
subdivision
(f)
shall
not
apply
.
(h)This
section
shall
not
apply
to
a
person
who
is
retired
from
the
State
Teachers'
Retirement
System,
and
who
is
subject
to
Section
24214,
24214.5
or
26812
of
the
Education
Code
.
(i)This
section
shall
not
apply
to
(1)
a subordinate
judicial
officer
whose
position,
upon
retirement,
is
converted
to
ajudgeship
pursuant
to
Section
69615,
and
he
or
she
returns
to
work
in
the
converted
position,
and
the
employer
is
a trial court,
or
(2)
a retiree
of
the
Judges'
Retirement
System
or
the
Judges'
Retirement
System
Il
who
is
assigned to
serve
in
a
court
pursuant
to
Section
68543.5.
History Added
Stats
2012
ch
296
§
15 (AB
340)
, effective
January
1, 2013
. Amended
Stats
2013
ch
528
§ 11
(SB
13),
effective
October
4,
2013
(ch
528
prevails);
ch
76 §
75 (AB
383),
effective
January
1,
2013;
Stats
2014
ch
238
§ 1 (AB
2476),
effective
January
1,
2015.
Annotations Notes
Amendments: Note-
Amendments: 2013
Amendment:
Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(l)
and
(f)(2);
(2)
"or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(f)(
4);
and
(3)
"Judges'
Retirement
System"
for
"Judges'
Retirement
System
I"
in
subd
(i).
21 of
21 3
October 17, 2023, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
CITY COUNCIL
October 17, 2023
Honorable Mayor and Members of the City =~~ii
Eric Heidemann, Director of Public Works .~
Will Wiley, Assistant Director of Public Works for Maintenance Operation ... ~/ (858) 668-4705 or [email protected] "'T
Acceptance of the Booster Pump Replacement, Bid No. 22-001 with Blue Pacific Engineering Construction, Inc. as Complete
On May 3, 2022, the City Council awarded the contract for the Booster Pump Replacement to Blue Pacific Engineering Construction, Inc., in the amount of $94,000.00. This action will accept the project as complete.
Recommended Action:
It is recommended the City Council:
(1) Accept the Booster Pump Replacement project as complete; (2) Authorize the City Clerk to file and record the Notice of Completion; (3) Authorize the release of the retention in the amount of $4,700.00, if unencumbered, 45 days after City Council acceptance;
(4) Release The Ohio Casualty Insurance Company Bond for Material and Labor in the amount of $94,000.00, after the release of retention; and
(5) Retain the Ohio Casualty Insurance Company Bond for Faithful Performance for a period of one year.
Discussion:
The Booster Pump Replacement project included replacement of four (4) damaged irrigation booster pump stations within Landscape Maintenance District 19-01 (LMD 19-01) that had reached the end of their useful life and were non-functional. The replacement of the booster pumps increased sprinkler coverage and efficiency.
For efficiency and optimal pricing, the City of Poway entered into an agreement with Blue Pacific Engineering Construction, Inc., whom was the lowest responsive bidder.
There were no change orders for this project. The final contract amount remains $94,000.00. 1 of 2
October 17, 2023, Item #5
Environmental Review:
The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act.
Fiscal Impact:
This project was funded by the FY21-22 LMD 19-1 Division Budget. Sufficient funds are available in LM D 19-1 other contractual services (420140-41200) for release of retention.
Public Notification:
None
Attachments:
None
Reviewed/Approved By:
Wen~ erman
Assistant City Manager
2 of 2
Reviewed By:
Alan Fenstermacher
City Attorney
October 17, 2023, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
October 17, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /M
Hector Salgado, Senior Planner ~ ~
(858) 668-4656, [email protected]
CITY COUNCIL
Conditional Use Permit (CUP) 23-0002, a request to establish a 16,000 square foot fitness center within an existing vacant commercial building tenant space located at 12342 Poway Road and a determination that the Project is exempt from CEQA review pursuant to CEQA Guidelines section 15301
The applicant is requesting a Conditional Use Permit approval to establish a 16,000 square foot fitness center within an existing vacant commercial building tenant space located at 12342 Poway Road in the Commercial General (CG) land use designation of the Poway Road Specific Plan area. A large fitness center (2,001 square feet or greater) is permitted in the CG land use district with the approval of a conditional use permit.
Recommended Action:
It is recommended the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A) approving the project and making the determination the Project is exempt from CEQA review pursuant to CEQA Guidelines section 15301.
Discussion:
The applicant is Daniel Mullin, who is processing the CUP on behalf of Planet Fitness. The property owner is CREFMA 1 Poway Town Center Owner, LLC. The subject property is located at 12342 Poway Road within the Commercial General (CG) land use designation of the Poway Road Specific Plan area (PRSP). The subject tenant space (former Big Lots store) is within the Poway Town Center commercial shopping center located at the northwest corner of the intersection of Poway Road and Pomerado Road (Attachment B). Surrounding land use consists of North Park Produce market in the adjacent commercial tenant space to the west, Dunn Edwards Paints store in the adjacent commercial tenant space to the east, single family residential development (zoned Residential Single family-4) to the north and a commercial center with Smart and Final and the 99 Cent store as major tenants across Poway Road to the south. The applicant will complete tenant improvements within the existing 16,047 square-foot space. The floor plan proposes a large open gym area along with smaller enclosed tanning and hydro lounge spaces, and separate men's and women's showers, locker rooms and restrooms (Attachment C). The proposed exterior building improvements are minor and will consist of changing out the existing glass sliding doors with new glass entry doors (Attachment D). New wall 1 of 13
October 17, 2023, Item #6
signage
will
be
installed
subject
to the
approval
of
a
sign
permit.
As
shown
on
the
project
site
plan
(Attachment
E),
the
applicant
agreed
to
complete
the
following
site
improvements
as
conditions
of
approval
of
the
project:
•
Enhance
and
supplement
landscaping
in
the
existing
landscape
planters
at
the
ends
of
the
three
traffic
aisles
located
directly
in
front
of
the
fitness
center
storefront.
•
Provide
a
compliant
accessible
connection
of
the
existing
pedestrian
path
that
extends
along
the
front
of
the
shopping
center
building
to
the
Pomerado
Road
sidewalk.
•
The
existing
driveway
approaches
along
Poway
Road
and
Pomerado
Road
will
be
made
ADA-
compliant.
Pursuant
to
Poway
Municipal
Code
Section
17.42.030,
the
proposed
fitness
center
is
required
to
have
a
minimum
of
81 parking
spaces.
A
parking
analysis
was
prepared
for
the
project
based
on
parking
demand
of
the
current
businesses
in
the
center
and
the
proposed
use.
It
was
found
that
there
is
adequate
parking
to
serve
the
proposed
fitness
center
as
well
as
the
other
businesses
in
the
commercial
center.
The
proposed
fitness
center
will
be
open
24 hours
a
day,
seven
days
a week.
Environmental
Review:
The
proposed
project
is
a
Class
1 Categorical
Exemption
from
the
California
Environmental
Quality
Act
(CEQA)
pursuant
to
Section
15301
of
the
CEQA
Guidelines,
in
that
the
project
involves
minor
alterations
to
an
existing
building
where
the
operation
of
a fitness
center
is
allowed
as
a
conditional
use
by
the
underlying
Poway
Road
Specific
Plan
land
use
designation,
the
proposed
project
consists
of
a
new
commercial
use
that
will
replace
a
previous
commercial
use
within
an
existing
building,
and
the project
will
involve
negligible
or
no
expansion
of
use
.
Fiscal
Impact:
The
proposed
development
is
anticipated
to
have
negligible
increase
in
assessment
value
and
very
little
sales
tax
revenue
due
to
Planet
Fitness'
business
model.
Public
Notification:
A
Notice
of
Public
Hearing
was
published
in
the
Poway
News
Chieftain
on
October
5,
2023.
A
public
notice
was
mailed
to
property
owners
and
occupants
located
within
500
feet
of
the
project
site.
Attachments: A.
Resolution
B.
Zoning
and
Location
Map
C.
Proposed
Floor
Plan
D.
Southernly
Building
Elevation
E.
Site
Plan
2 of
13 October 17, 2023, Item #6
Reviewed/Approved By:
w!~,~
Assistant City Manager
3 of 13
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
October 17, 2023, Item #6
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 23-0002 TO ESTABLISH A 16,000 SQUARE FOOT
FITNESS CENTER IN A COMMERCIAL TENANT SPACE
LOCATED AT 12342 POWAY ROAD; ASSESSOR PARCEL
NUMBER: 317-153-21-00
WHEREAS, Conditional Use Permit (CUP) 23-0002, submitted by Daniel Mullin, applicant, a request to establish a 16,000 square foot fitness center in an existing commercial tenant space located at 12342 Poway Road in Commercial General (CG) land use district of the Poway Road Specific Plan (PRSP);
WHEREAS, on October 17, 2023, the City Council held a duly advertised public meeting to solicit comments from the public, both for and against, relative to this application; WHEREAS, Section 17.48.070 of the Poway Municipal Code (PMC) establishes findings required for granting a Conditional Use Permit; and
WHEREAS, the City Council has read and considered the agenda report for the proposed Conditional Use Permit request and has considered other evidence presented at the public meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The proposed project is Categorically Exempt as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, in that the project involves minor alterations to an existing building where the operation of a fitness center is allowed as a conditional use by the underlying Poway Road Specific Plan land use designation and the proposed project consists of a new commercial use that will replace a previous commercial use within an existing building and the project will involve negligible or no expansion of use.
SECTION 2: The findings, in accordance with Section 17.48.070 of the PMC, to approve CUP 23-0002, are made as follows:
A. The location, size, design and operating characteristics of the proposed use are in accord with the General Plan, and the development policies and standards of the City in that the fitness center is allowed on a property with a land use designation of CG of the PRSP area with the approval of a CUP and will otherwise comply with all of the relevant codes and standards of the City of Poway.
B. The location, size, design, and operating characteristics of the fitness center use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the use will be conducted entirely within an existing commercial building.
C. That the scale, bulk, coverage and density is consistent with adjacent uses, in that the use will operate entirely within an existing commercial building that is part of an existing 4 of 13 ATTACHMENT A
October 17, 2023, Item #6
commercial
center.
Resolution
No
. 23-
Page
2 D.
There
are
adequate
public
facilities,
services
and
utilities
available
at
the
subject
site
to
serve
the
proposed
use
in
that
the
use
is
locating
within
an
existing
commercial
building
that
is
served
by
public
facilities
and
·services
can
be
provided
for
through
the
conditions
of
approval.
E.
There
will
not
be
a
harmful
effect
upon
desirable
characteristics
within
the
area
in
that
the
use
will
operate
entirely
within
an
existing
commercial
tenant
space
and
in
a
manner
that
is
compatible
with
surrounding
commercial
and
residential
development.
F.
The
generation
of
traffic
will
not
adversely
impact
the
capacity
and
physical
character
of
the
surrounding
streets
and/or
the
Circulation
Element
of
the
General
Plan
in
that
the
proposed
fitness
center
use
will
be
locating
within
an
existing
commercial
tenant
space
within
a
commercial
center
and
typically
the
average
daily
vehicle
trips
generated
by
a
neighborhood
commercial
center
is
greater
than
the
average
daily
vehicle
trips
generated
by
a
fitness
center.
Therefore,
there
should
be
no
increase
in
traffic.
G.
That
the
site
is
suitable
for
the
type
and
intensity
of
use
and
development
in
that
the
site
is
located
within
an
existing
commercial
tenant
space
within
an
existing
commercial
center
in
an
area
that
is
designated
as
a
(CG)
land
use
district
which
permits
the
operation
of
a
large
fitness
center
when
regulated
by
a
conditional
use
permit.
H.
That
there
will
not
be
significant
harmful
effects
upon
the
environmental
quality
and
natural
resources,
in
that
the
fitness
center
use
will
operate
entirely
within
an
existing
commercial
building
and
in
a
manner
that
is
compatible
with
surrounding
commercial
and
residential
development.
I.
There
are
no
relevant
negative
impacts
of
the
proposed
use
that
cannot
be
mitigated.
J.
That
the
impacts,
as
described
in
subsections
A
through
I of
this
Section,
and
the
proposed
location,
size,
design,
and
operating
characteristics
of
the
fitness
center
and
the
conditions
under
which
it would
be
operated
or
maintained
will
not
be
detrimental
to
the
public
health,
safety
or
welfare,
or
materially
injurious
to
properties
or
improvements
in
the
vicinity,
nor
be
contrary
to
the
adopted
General
Plan,
in
that
the
site
has
adequate
parking
to
accommodate
the
proposed
fitness
center
use
and
all
activities
will
occur
within
the
existing
commercial
building.
K.
That
the
proposed
conditional
use
will
comply
with
each
of
the
applicable
provisions
of
this
Title.
SECTION
3:
The
City
Council
hereby
approves
CUP
23-0002
as
shown
on
the
site
plan
incorporated
herein
by
reference
and
stamped
as
"Exhibit
A"
and
dated
April
28,
2023,
on
file
in
the
Development
Services
Department,
except
as
noted
herein,
subject
to
the
following
conditions: A.
The applicant
shall
defend,
indemnify,
and
hold
harmless
the
City,
its
agents,
officers,
and
employees
from
any
and
all
claims,
actions,
proceedings,
damages,
judgments,
or
costs,
including
attorney's
fees,
against the
City
or
its
agents,
officers,
or employees,
relating
to
the
issuance
of
this
permit,
including,
but
not
limited
to,
any
action
to
attack,
set
aside,
void,
challenge,
or
annul
this
development
approval
and
any
environmental
document
or
s
of
13 October 17, 2023, Item #6
Resolution
No.
23-
Page
3 decision
.
The
City
may
elect
to
conduct
its
own
defense,
participate
in
its
own
defense,
or
obtain
independent
legal
counsel
in
defense
of
any
claim
related
to
this
indemnification.
In
the
event
of
such
election,
applicant
shall
pay
all
of
the
costs
related
thereto,
including
without
limitation
reasonable
attorney's
fees
and
costs.
In
the
event
of
a
disagreement
between
the
City
and
applicant
regarding
litigation
issues,
the
City
shall
have
the
authority
to
control
the
litigation
and
make
litigation
related
decisions,
including,
but
not
limited
to,
settlement
or
other
disposition
of
the
matter.
However,
the
applicant
shall
not
be
required
to
pay
or
perform
any
settlement
unless
such
settlement
is
approved
by
applicant.
8. Approval
of
this
CUP
shall
apply
only
to
the
subject
project
and
shall
not
waive
compliance
with
all
other
sections
of
the
Zoning
Ordinance
and
all
other
applicable
City
ordinances
in
effect
at
the
time
of
Building
Permit
issuance.
C.
Within
30 days
of
the
date
of
this
approval,
and
before
the
issuance
of
any
permit:
(1)
the
applicant
shall
submit
in
writing
that
all
conditions
of
approval
have
been
read
and
understood;
and
(2)
the
property
owner
shall
execute
a
Covenant
Regarding
Real
Property.
In
order
for
the
City
to
prepare
the
Covenant,
the
applicant
must
first
submit
a
legal
description
of
the
subject
site.
D.
The
use
conditionally
granted
by
this
approval
shall
not
be
conducted
in
such
a
manner
as
to
interfere with
reasonable
use
and
enjoyment
of
surrounding
uses.
E.
The
conditions
of
CUP
23-0002
shall
remain
in
effect
for
the
life
of
the
subject
structure
and
shall
run
with
the
land
and
be
binding
upon
future
owners,
successors,
heirs,
and
transferees
of
the
current
property
owner.
F.
CUP
23-0002 may
be
subject
to
annual
review,
as
determined
by
the
Director
of
Development
Services,
for
compliance
with
the
conditions
of
approval
and
to
address
unresolved
operational
concerns
that
may
have
been
raised
during
the
prior
year.
G
.
The
developer
is
required
to
comply
with
the
Poway
Noise
Ordinance
(PMC
Chapter
8.08)
requirements
that
govern
construction
activity
and
noise
levels
.
H.
All
landscaped
areas
shall
be
maintained
in
a
healthy
and
thriving
condition,
free
from
weeds,
trash
and
debris.
The
trees
shall
be
encouraged
and
allowed
to
retain
a
natural
form.
Pruning
should
be
restricted
to
maintain
the
health
of
trees
and
protect
the
public
safety.
Unnatural
or excessive
pruning,
including
topping,
is
not
permitted.
I.
All
roof
appurtenances,
including
air
conditioners,
shall
be
architecturally
intergraded,
screened
from
view
and
sound
buffered
from
adjacent
properties
and
streets
as
required
by
the
Development
Services
Department.
J.
A
minimum
of
24 feet wide
emergency
access
shall
be
provided,
maintained
free
and
clear
at
all
times
during
construction
in
accordance
with
the
Fire
Department
requirements.
K.
No
outdoor
storage,
display
or
activities
shall
occur
onsite
except
through
approval
of
the
appropriate
permits.
L.
The
activities
of
the
facility
shall
not
occur
in
such
a
manner
as
to
create
adverse
impacts
on
the
circulation
and
parking
on
surrounding
streets.
M.
The
facility
shall
be
operated
in
such
a
manner
as
to
minimize
any
possible
disruption
6 of
13 October 17, 2023, Item #6
Resolution
No
. 23-
Page
4 caused
by
noise
and
shall
comply
with
noise
standards
contained
in
Chapter
8.08 of
the
PMC.
At
no
time
shall
noise
from
any
source
exceed
the
noise
standards
defined
in
the
PMC.
N.
Prior
to
opening
of
business,
the
Applicant
shall
apply
to
obtain
a
Business
Certificate
through
the
Customer
Services
Department
of
the
City
of
Poway
.
Prior
to
a
business
Certificate,
the
Applicant
shall
comply
with
the
following:
0. The
site
shall
be
developed
in
accordance
with
the
approved
plans
on
file
in
the
Development
Services
Department
and
the
conditions
contained
herein
. A
final
inspection
from
the
appropriate
City
departments
will
be
required.
P.
Any
signs
proposed
for
the
project
shall
be
designed
in
accordance
with
the
Sign
Ordinance
and
the
comprehensive
sign
program
for
Poway
Town
Center.
The
necessary
Sign
Permit(s)
and
Building
Permit(s)
approvals
for
signage
shall
be
obtained
prior
to
installation.
Q.
The
applicant
shall
obtain
a
Building
Permit
associated
with
the
proposed
project.
Prior
to
issuance
of
a
Building
Permit,
the
applicant
shall
comply
with
the
following:
1. The
applicant
shall
comply
with
the
latest
adopted
building
and
electric
codes,
and
all
other
applicable
codes
and
ordinances
in
effect
at
the
time
of
the
Building
Permit
issuance.
2. Accessible
parking
spaces
and
access
aisles
are
required
to
be
level
(maximum
1 :48
slope)
in
all
directions
to
provide
a surface
for
wheelchair
transfer
to
and
from
vehicles.
3. The
development
shall
comply
with
the
current
addition
of
the
California
Building
Code,
California
Plumbing
Code,
California
Mechanical
Code,
California
Electrical
Code,
California
Residential
Code,
California
Fire
Code,
California
Energy
Code
and
California
Green
Code
at
time
of
submittal
to
the
Building
Division.
All
development
shall
comply
with
state
structural
calculations
and
seismic
safety
requirements.
(Engineering) 7
of
13 4.
Building
plans
shall
show
the
existing
driveway
approaches
along
Poway
Road
and
Pomerado
Road
to
be
made
ADA-compliant.
Please
show
new,
ADA
compliant
driveways
per
San
Diego
Regional
Standard
Drawings
at
all
driveway
entrances.
The
layout
and
standard(s)
to
be
used
shall
be
noted
on
the
site
plan
.
5. Building
plans
shall
show
an
ADA-compliant
path
of
travel
from
the
building
entrance
to
the
City's
sidewalk
fronting
the
parcel.
6. The
applicant
shall
incorporate
Low
Impact
Development
(LID)
design
features
into
the
site
development.
These
shall
be
clearly
shown
and
identified
on
the
site
plan
and
be
appropriately
sized
for
the
proposed
level
of
development.
7. A
minimum
cash
security
for
erosion
control
is
required.
8. The
applicant
shall
attend
a
pre-construction
meeting
at
the
Department
of
Development
Services.
The
scheduling
request
shall
be
submitted
on
a
City
October 17, 2023, Item #6
Resolution
No
. 23-
Page
5 standard
form
available
from
the
City's
project
engineer
.
The
applicant
's
action
plan
that
identifies
measures
to
be
implemented
during
construction
to
address
erosion,
sediment
and
pollution
control
will
be
discussed.
Compliance
for
sediment
control
shall
be
provided
as
directed
by
the
project
inspector.
9. Erosion
control
shall
be
installed
and
maintained
by
the
developer
from
October
1 to
April
30 annually.
The
developer
shall
maintain
all
erosion
control
devices
throughout
their
intended
life
.
10 . The
applicant
shall
pay
the
storm
water
pollution
inspection
fee
according
to
the
latest
adopted
master
fee
schedule.
11. Prior
to
start
of
any
work
within
a
City-held
easement
or
right-of-way,
a
Right-of~
Way
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.
All
appropriate
fees
shall
be
paid
prior
to
permit
issuance
.
This
will
be
required
to
be
approved
prior
to
building
permit
issuance.
12. The
applicant
shall
pay
all
applicable
development
impact
fees
in
effect
at
time
of
permit
issuance
.
(Planning)
13. The
six
landscape
planters
located
at
the
ends
of
the
traffic
aisles
that
are
directly
in
front
of
the
subject
tenant
space
shall
be
enhanced
and
refreshed
with
trees
and
shrubs
in
accordance
with
the
City
Landscape
and
Irrigation
Design
Manual
if the
total
square
footage
of
the
subject
landscape
planters
exceed
2,500
square
feet
landscape
and
irrigation
plans
and
the
accompany
plan
review
fees
shall
be
submitted
to
the
Planning
Division
for
review
and
approval.
Pursuant
to
Poway
Municipal
Code
Section
17.41.200
Prescriptive
Compliance
if
the
total
square
footage
of
the
six
landscape
planters
is
less
than
2,500
square
a
landscape
documentation
package
along
with
the
required
review
fees
shall
be
submitted
to
the
Planning
Division
for
review
and
approval.
R.
Prior
to
Final
Inspection:
(Engineering)
8 of
13 1.
An
adequate drainage
system
shall
be
provided
around
the
building
pad
capable
of
handling
and
disposing
all
surface
water
to
the
satisfaction
of
the
Engineering
Inspector
.
2. The
applicant
shall
repair,
to
the
satisfaction
of
the
City
Engineer
, any
and
all
damage
to
public
improvements
caused
by
construction
activity
from
this
project.
(Planning) 3.
The
sign
facia
area
of
the
subject
tenant
space
shall
be
refurbished
(repaired,
painted,
etc.)
so
that
it
is
similar
to
the
adjacent
tenant
facia
to
the
satisfaction
of
the
Director
of
Development
Services
.
4. Landscaping
and
irrigation
shall
be
completed
in
accordance
with
the
approved
landscape
plan.
Any
missing
, dying
or
dead
landscaping
shall
be
replaced
and
shall
October 17, 2023, Item #6
Resolution No. 23-
be adequately irrigated and permanently and fully maintained by the Property Owner at all times.
a. The site shall be cleared of all construction materials, supplies, and equipment.
The landscaping shall be kept in a thriving condition. Landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the owner.
SECTION 4: The approval of CUP 23-0002 shall expire October 17, 2025, at 5:00 p.m., unless prior to that time a Building Permit has been issued and construction has commenced on the property unless prior to the expiration, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council.
SECTION 5: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of October 2023, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
9 of 13
October 17, 2023, Item #6
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October 17, 2023, Item #6
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October 17, 2023, Item #7
AG EN DA REPORT City of Poway
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
October 17, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services .M
Tracy Beach, City Engineer-re,
(858) 668-4652 or [email protected]
Midland Road Safety Improvements
CITY COUNCIL
On August 23, 2023, the City's Traffic Safety Committee (TSC) supported staffs recommendation to install improvements to address safety concerns on Midland Road, which was analyzed after receiving direction from the City Council and a resident request to evaluate Midland Road for traffic calming measures. The improvements consist primarily of replacement of existing warning signs with fluorescent yellow-green signs, rapid flashing beacon signs and a speed feedback sign.
Recommended Action:
It is recommended the City Council:
(1) Approve the proposed safety improvements on Midland Road; (2) Authorize the City Manager to allow the expenditure of funds from the Motorist Services Program Account (STR0002) to install new signs estimated at $156,000.00; (3) Appropriate additional funds in the amount of $14,528.40 from the Excess Safe Reserve Fund (2840) available fund balance to the Motorist Services Program Account; and (4) Authorize the City Manager to execute the necessary documents for the installation of the safety improvements.
Discussion:
The City Council directed staff to evaluate Midland Road due to several residents expressing concerns related to speed and other traffic related issues. A petition requesting traffic calming measures along Midland Road from Edgemoor Street to Hilleary Place was also submitted. Additionally, staff heard several residents speak at recent City Council meetings and received emails from residents expressing concerns related to Midland Road traffic. Therefore, this item was first brought to the TSC for discussion on May 10, 2023. At this meeting, the TSC provided an opportunity for public input to discuss resident concerns regarding traffic operations on Midland Road. Notice was sent to 118 properties, including all residents who had spoken at recent City Council meetings or reached out to staff with concerns. There were approximately 15 speakers, all residents of Poway who lived in the general vicinity of Midland Road.
2 of 13
October 17, 2023, Item #7
At the May 10, 2023, meeting, residents expressed concerns regarding speeding along the entire length of Midland Road and that the set speed limits of 35 miles per hour for portions of Midland Road seem too high. Concerns were also raised regarding several crosswalks along Midland Road and how cars do not stop for pedestrians at the existing crosswalks. More specifically, several concerns were raised about the existing crosswalk at Norwalk Street and the crosswalks in front of Midland Elementary School. Several residents spoke about driver behavior (illegal U-turns, illegal use of the two-way left turn lane, improper passing, etc.) near Midland Elementary. Other issues raised were increased traffic volumes on Midland Road and that sections of Midland Road did not have bicycle lanes.
In response to comments made during the TSC meeting, staff considered various improvements that could improve pedestrian safety along Midland Road. The TSC then held a specially scheduled meeting on August 23, 2023, to discuss the staff proposed improvements. Many of the speakers expressed the same concerns and were happy with the proposed improvements. Several speakers asked for speed bumps and reduced speed limits. The proposed improvements along with the engineering evaluation performed by staff, are summarized in the staff report prepared for the August 23, 2023, TSC meeting. The full report is provided as Attachment A. The TSC accepted all the proposed recommendations.
The recommended street improvements address most issues raised by the Midland Road residents except for the request for speed bumps and speed reduction. Regarding speed bumps, these can be problematic and are not typically installed on collector streets or primary routes for emergency vehicles. The Fire Department explained the use of speed bumps is a concern since they slow down response times in emergencies. The Poway Unified School District also expressed safety concerns for school buses driving over speed bumps, especially for special needs students where the extra jarring movement caused by driving over speed bumps may cause injuries. Speed limits are set by a state formula based on the 85th percentile speed. Further discussion of the speed along several segments of Midland Road is included in the TSC staff report. If the City arbitrarily sets the speed limit below the calculated level, it cannot be enforced.
The City's traffic consultant, Kimley-Horn, has prepared a cost estimate for the proposed sign changes and installation (see Attachment B).
Environmental Review:
The proposed modifications to an existing City Street are Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 (c) of the CEQA Guidelines, in that the project involves maintenance of existing streets with no expansion of use.
Fiscal Impact:
The available budget in the Motorist Aid Services Program (STR0002) is currently $141,871.60. To install the proposed sign changes and address resident safety concerns, an additional appropriation of $14,528.40 is needed from the Excess Safe Reserve Fund (2840).
Public Notification:
Notice of the City Council meeting was sent to all residents who signed the petition requesting traffic calming measures, residents who attended either of the TSC meetings, residents who had spoken at 3 of 13
October 17, 2023, Item #7
recent City Council meetings and residents who had reached out to staff with concerns.
Attachments:
A. August 23, 2023 Traffic Safety Committee Staff Report for Midland Road Traffic Calming B. Midland Road Signage Improvements Cost Estimate
Reviewed/Approved By:
w~~e~
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
CITY OF POWAY
MEMORANDUM
TO: Traffic Safety Committee
FROM: Tracy Beach, City Engineer
DATE: August 23, 2023
SUBJECT: Midland Road Traffic Calming
BACKGROUND
The City received inquiries regarding traffic on Midland Road. City Council directed staff to look into this matter and therefore, this item was brought to Traffic Safety Committee for discussion on May 10, 2023. Additionally, staff heard several residents speak at recent City Council meetings and received emails from residents expressing concerns related to Midland Road traffic . A petition requesting traffic calming measures along Midland Road from Edgemoor Street and Hilleary Place was also submitted. The request was signed by at least seventy percent of the affected property owners as required by the City’s Traffic Calming Brochure.
On May 10, 2023, the Traffic Safety Committee provided an opportunity for public input to discuss resident concerns regarding traffic operations on Midland Road. Notice was sent to 118 properties, including all residents who had spoken at a recent City Council meeting or reached out to staff with concerns. There were approximately 15 speakers, all residents of Poway who lived in the general area of Midland Road.
The residents expressed concerns regarding speeding along the entire length of Midland Road and that the set speed limits of 35 miles per hour for portions of Midland Road seem too high. Concerns were also raised regarding several crosswalks along Midland Road and how cars don’t stop for pedestrians at the existing crosswalks. More specifically, several concerns were raised about the existing crosswalk at Norwalk Street and the crosswalks in front of Midland Elem entary School.
Several residents spoke about driver behavior (illegal U -turns, illegal use of the two- way left turn land, improper passing, etc.) near Midland Elementary. A couple residents discussed increased traffic volumes on Midland Road and a couple others spoke of sections of Midland Road that did not have bicycle lanes.
In response to comments from the Traffic Safety Committee meeting, staff considered various improvements that could improve pedestrian safety along Midland Road. Below is a summary of the engineering evaluation performed by staff and then the staff recommendations for the Traffic Safety Committee to consider.
4 of 13
October 17, 2023, Item #7
ATTACHMENT A
Midland Road and Norwalk Street Intersection (Attachment A) Existing conditions at the intersection of Midland Road and Norwalk Street include o ne mid-block crosswalk with high-visibility ladder striping and pedestrian and horse crossing warning signs. The crosswalk facilitates pedestrian and equestrian traffic from an unpaved trail to the east. Each curb located on the western side of the intersection features ADA compliant ramps, and an additional Americans with Disabilities Act of 1990 (ADA) compliant ramp is located on the eastern side of the intersection which meets the crosswalk ladder striping.
Signage improvements are being proposed as a traffic calming measure to improve safety for those crossing the intersection. All existing warning signs would be replaced with fluorescent yellow-green signs. Additionally, a push button activated Rectangular Rapid Flashing Beacon (RRFB) would be installed at each end of the designated crosswalk. Additional advanced notification fluorescent yellow-green pedestrian crossing signs would be installed in both north and south directions of Midland Road. See Attachment A for a detailed illustration of signage improvements for this intersection.
Peak hour turning movement counts were collected at the intersection in July 2023. An all-way stop evaluation was performed to determine if an all-way stop would be warranted for this intersection.
The analysis determined an all-way stop is not warranted. A summary of the analysis is shown in Attachment B.
Midland Road from V
ian Road to Adrian Street (Attachment C)
The second segment of the Midland Road, between Vian Road and Adrian Street, is classified as a two-lane collector and has a posted speed limit of 25 -mph. The segment features two travel lanes (one lane per direction) without a median. A Class III bike route exists for the entire length of the segment, with sharrow striping present in both directions. Continuous sidewalks exist on both sides of the segment, for the entire length of the segment. All curb ramps are ADA-compliant, and all crossings feature curb bulbouts. All intersections along the segment feature high -visibility, ladder-style crosswalks across all approach legs. Uncontrolled crosswalks exist at the intersection of Midland Road/Adrian Street; however, pedestrian warning signs exist on Midland Road.
Continuous overhead street lighting exists on both sides of the roadway, for the entire length of the segment. Additionally, sidewalks provide overhead pedestrian lighting on both sides, for the entire length of the segment. On -street parking exists on segments of both sides of Midland Road, via angle-in parking on both sides of the segment. This segment of Midland Road is surrounded b y commercial and retail land uses, in addition to Old Poway Park, public parking and veterinary clinic land uses. This area serves as parking for the Poway farmer’s market. Several commercial driveways exist along this segment. All intersections along the segment are stop -controlled. The average daily traffic along this segment is 6,049 vehicles according to the 2019 count data.
Due to existing roadway characteristics, including an uncontrolled pedestrian crossing, angle- in roadside parking on both sides, and high percentage of traffic within the 10 -mph pace (88%), the 2019 traffic survey recommended maintaining the existing 25-mph speed limit along this segment.
The 10-mph pace is the range of speed at which the majority of cars are traveling on a particular stretch of road. While the 85th percentile is the maximum speed that 85% of drivers will not exceed, the 10-mph pace is the range of speed at which those cars are actually moving. The 10-mph pace for this segment was 17-26 mph.
Proposed signage improvements include replacing existing warning signs on Midland Road with fluorescent yellow-green signs, replacing existing stop signs at each stop-controlled intersection with new stop signs equipped with solar power LED flashing beacons. Additionally, at the 5 of 13
October 17, 2023, Item #7
uncontrol
led intersection of Midland Road and Adrian Street, RRFB s would be installed on the southeast and northwest points of the intersection, warning oncoming traffic for both crosswalks across Midland Road. The other two points (southwest and northeast) of the intersection would have push buttons with flashing pedestrian warning signs. See Attachment C for a detailed view of proposed signage improvements for this segment.
Midland Road between Temple Street and Edgemoor Street (Attachment D) The third segment of Midland Road, between Temple Street and Edgemoor Street, has two lanes (one lane per direction). This segment has a posted speed limit of 25-mph and angled parking exists on both sides of the road. Curb ramps feature curb bulbouts at both the intersection of Temple and Edgemoor Streets. Overhead street lighting is continuously provided on both sides of the roadway, for the entire length of the segment. Sidewalks are provided on both sides of the street.
Due to existing roadway characteristics, including angle-in roadside parking on both sides, and high percentage of traffic within the 10 -mph p ace (88%), the 2019 traffic survey recommended maintaining the existing 25-mph speed limit along this segment.
Proposed signage improvements include replacing existing stop signs at each stop -controlled intersection with new stop signs equipped with solar power LED flashing beacons. Additionally, for the northbound approach, traffic is approaching from a 35-mph speed limit area and a LED flashing stop ahead warning sign is being proposed. See Attachment D for a detailed view of proposed signage improvements for this segment.
Midland Road between Poi
nsettia Drive and Putney Road (Attachment E)
The fourth segment of Midland Road, between Poinsettia Drive and Putney Road, has two-lanes (one lane per direction) between Edgemoor Street and Putney Road. This segment has a posted speed limit of 35-mph. A two-way left-turn lane exists between Edgemoor Street and Putney Road and features a Class III bike route with sharrow striping, in both directions, between Edgemoor Street and Poinsettia Drive, and Class II bike lanes, in both directions, between Poinsettia Drive and Putney Road. Continuous sidewalks exist on both sides of the segment, with ADA -compliant curb ramps at all crossings . Curb ramps feature curb bulbouts near Midland Elementary School, located on the right side of the roadway, south of Edgemoor Street. Overhead street lighting is continuously provided on both sides of the roadway, for the entire length of the segment. Transit stops, serviced by the San Diego Metropolitan Transit System (MTS) Route 945, exist on both sides of this segment. On-street parking is permitted along some short portions of the segment . This segment of Midland Road is mainly surrounded by residential and retail land uses, in addition to church, office, and school land uses. Several retail and residential driveways exist on both sides of this segment. The average daily traffic along this segment is 9,433 vehicles according to the 2019 count data.
Due to existing roadway characteristics, including the termination of Midland Road at Poway Road, high percentage of traffic within the 10-mph pace (96%), pedestrian traffic near Midland Elementary School, and consideration for bicyclists, the 2019 traffic survey recommended maintaining a 35- mph speed limit along this segment. The 10-mph pace for this segment was 31 to 40 mph. Thus, 96% of drivers were driving within this pace.
Proposed improvements along this segment include extending the Midland Elementary school zone approximately 470 feet further south along Midland Road and relocating the 35mph speed limit sign currently located at the school parking lot exit, facing vehicles in the southbound direction, near the intersection of Scots Way. A solar power LED vehicle speed feedback sign is proposed to be 6 of 13
October 17, 2023, Item #7
instal
led on Midland Road, between Janette Lane and Somerset Road, facing vehicles traveling in the northbound direction towards Midland Elementary School along with new fluorescent yellow - green warning signs. See Attachment E for a detailed illustration of proposed improvements for this segment.
In addition to all of the above recommendations along Midland Road, Sheriff deputies plan to conduct additional enforcement for speed related issues.
Attachments:
A. Signage Improvements for Midland Road and Norwalk Street Intersection B. Data analysis with Traffic Counts for Midland Road and Norwalk Street Instersection C. Signage Improvements from Vian Road to Adrian Street D. Signage Improvements from Temple Street to Edgemoor Street E. Signage Improvements from Poinsettia Drive to Putney Road 7 of 13
October 17, 2023, Item #7
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8 of 13
October 17, 2023, Item #7
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0 REMOVE EXISTING SIGN.
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0 INSTALL NEW FLOURESCENT YELLOW-GREEN SIGN.
INSTALL NEW FLOURESCENT YELLOW-GREEN SIGN WITH PUSH BUTTON ACTIVATED RECTANGULAR RAPID FLASHING BEACON (RRFB).
0 EXISTING SIGN WILL REMAIN.
Kimley>>> Horn
-0- EXISTING SIGN
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October 17, 2023, Item #7Kimley>»Horn
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ATTACHMENT B: PEAK HOUR TURNING MOVEMENTS FOR MIDLAND ROAD AND NORWALK STREET INTERSECTION .
SIGNAGE EXHIBIT
MIDLAND ROAD, POWAY, CA
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10 of 13
October 17, 2023, Item #7
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0 REMOVE EXISTING SIGN.
INSTALL NEW FLOURESCENT YELLOW- GREEN SIGN.
INSTALL NEW SIGN WITH SOLAR POWER LED FLASHING SIGNAL.
INSTALL NEW FLOURESCENT YELLOW-GREEN SIGN 'MTH PUSH BUTTON ACTIVATED RECTANGULAR RAPID FLASHING BEACON (RRFB).
EXISTING SIGN WILL REMAIN.
INSTALL NEW FLOURESCENT YELLOW-GR EEN SIGN WITH SOLAR POWER LED FLASHING BEACON.
INSTALL PEDESTRIAN PUSH BUTTON.
Kimley>>> Horn
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11 of 13
October 17, 2023, Item #7
~ REMOVE EXISTING SIGN.
[I] INSTALL NEW FLOURESCENT YELLOW- GREEN SIGN.
[TI INSTALL NEW SIGN WITH SOLAR POWER LED FLASHING SIGNAL. 0 EXI STING S IGN WILL REMAIN.
Kimley>>> Horn
-U- EXISTING SIGN
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12 of 13
October 17, 2023, Item #7
[I] INSTALL NEW FLOURESCENT YELLOW-GREEN SIGN.
[I] EXISTING SIGN WILL REMAIN.
[I] RELOCATE EXISTING SIGN AS SHOWN.
0 INSTALL SOLAR LED VEHICLE SPEED FEEDBACK SIGN.
Kimley>>> Horn
-U- EXISTING SIGN
--.-- PROPOSED SIGN
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k:\snd_lpto\095324100 pow □ y on call\exhibit\2023.06.27 - midland rd traffic calming\cad\2023.0803 - revised exhib its for public\202308 .03 - midland_exhibil_ddwg 8/76/2023 Item Item Description Quantity Unit Unit Cost Total Cost 6 Furnish and Install New Flourescent Yellow-Green W11-2 Sign 8 EA $300.00 $2,400 7 Furnish and Install New Flourescent Yellow-Green W16-9P Sign 6 EA $250.00 $1,500 8 Furnish and Install New Flourescent Yellow-Green W11-7 Sign 2 EA $300.00 $600 9 Furnish and Install New Flourescent Yellow-Green W16-7P(L) Sign 1 EA $250.00 $250 9 Furnish and Install New Flourescent Yellow-Green S4-5 Sign 1 EA $300.00 $300 24 Furnish and Install New Sign with Solar Power LED Rectangular Rapid Flashing Beacon (RRFB) Assembly by Carmanah or Approved Equal on new 10' 1-A Pole 4 EA $15,000.00 $60,000 25 Furnish and Install New Sign with Solar Power LED Flashing Beacon by Tapco or Approved Equal on New 10' 1-A Pole 14 EA $3,000.00 $42,000
26 Furnish and Install New Sign with Solar Power LED Flashing Beacon by Tapco or Approved Equal and Pedestrian Push Button Assembly on New 10' 1-A Pole 2 EA $10,000.00 $20,000 27 Furnish and Install Solar Power LED Speed Feeback Sign SpeedCheck-15 by Carmanah or Approved Equal on New 10' 1-A pole 1 EA $15,000.00 $15,000 Signage Subtotal $142,100
Midland Road Subtotal $142,100
Midland Road Contingency (10%) $14,300
Midland Road Grand Total $156,400
1. This estimate does not include acquisition of ROW or easements, professional fees, development fees and permitting, and costs for franchise utility relocations that are not itemized herein.
2. The Consultant has no control over the cost of labor, materials, or equipment, or over the Contractor's methods of determining prices or over competitive bidding or Market Conditions. Opinions of probable cost, as provided here, are made on the basis of the Consultant's
SIGNAGE
September 13, 2023
BASE BID
Bid List
City of Poway
Midland Road Signage Improvements
Project No. XX
Septemeber 2023
K:\SND_TPTO\095324100 Poway On Call\Exhibit\2023.06.27 - Midland Rd Traffic Calming\Cost Estimate\Midland_Signage_100%.xlsx - Daves Ave - Summary 9/13/2023 9:51 AM SHEET 1/1 13 of 13
October 17, 2023, Item #7
ATTACHMENT B
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