AGENDA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 December 5, 2023 I 7 p.m.
Thank you for participating in your local government and the City of Poway Council meetings.
Meetings I Regular City Council meetings are· held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public.
Public Meeting Access I Members of the public may attend the City Council meeting in person, or watch the City Council meeting live online. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.
Speakers I Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes. 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
Council member
Anita Edmondson
Council member
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:
Poway Chamber of Commerce
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 September 19, 2023 Regular City Council Meeting Minutes
3. Approval of Local Appointments List of City Council Appointed Committees for 2024
4. Approval of an Agreement with Graybar Electric Company, Inc to Purchase Un interruptible Power Supply (UPS) Replacement Hardware and Appropriation of Funds
5. Acceptance of the Fire Station 1 Stairway Replacement Project with GQ Builders, Inc., as Complete
6. City's Investment Report as of September 30, 2023
7. Submission of Right-of-Way Certification Form for Federal-Aid Projects - Highway Safety Improvement Program Cycle 10 Project
8. Acceptance of the FY 2022-2023 Street Overlay Project with Hazard Construction ENGR, LLC, as Complete
2 of 5 Regular City Council Meeting December 5, 2023
9. Approval of a Purchase and Sale Agreement Between the City of Poway and Pinnacle Reality of California, LLC (Toyota of Poway) for the sale of 13655 Poway Road, Assessor Parcel Numbers 317- 190-2100 and 317-190-4500
10. Resolution Authorizing the Submittal of Grant Applications to the Department of Resources Recycling and Recovery (Cal Recycle) for All Grant Programs for which the City of Poway is Eligible and Authorizing the City Manager to Execute Documents Related to the Administration of CalRecycle Grants
11. Approval of Consultant Agreements with Linscott, Law & Greenspan, Engineers and Kimley-Horn & Associates, Inc., for As-Needed Traffic Engineering Services, RFP No. 24-006
12. Authorization to Purchase One (1) Medium-Duty Utility Truck through the GM Government Bid Assistance Program
ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS: None
STAFF REPORTS:
13. Approving a CALPERS 180-day Waiting Period Exception to Hire a Retired Annuitant City Manager's Recommendation: It is recommended the City Council approve the resolution appointing an Interim Water Treatment Plant Manager pursuant to Government Code Sections 7522.56 and 21221 (h) and approving the waiver of the 180-day wait period for the newly retired individual to work as a retired annuitant through OTS as the Interim Water Treatment Plant Manager.
14. Request for Approval for the Submission of Applications for the Resyndication of Low-Income Housing Tax Credits and Tax-Exempt Bonds for Haley Ranch Estates, Hillside Village, and Parkview Terrace Affordable Housing Communities
City Manager's Recommendation: It is recommended the Poway Housing Authority 1) adopt a Resolution authorizing Community HousingWorks to submit applications to apply for a new reservation of low-income housing tax credits paired with a new allocation of tax-exempt bonds to the California Tax Credit Allocation Committee and California Debt Limit Allocation Committee for the affordable communities of Haley Ranch Estates, Hillside Village, and Parkview Terrace; 2) authorize the Executive Director to execute all necessary documents relating to the application and implementation of low-income housing tax credit resyndication for the affordable communities of Haley Ranch Estates, Hillside Village, and Parkview Terrace; 3) authorize the Executive Director to execute all necessary documents relating to the support of Community HousingWorks' applications for tax-exempt bonds and low-income housing tax credits for the communities of Haley Ranch Estates, Hillside Village, and Parkview Terrace, including, providing any needed commitment letters consistent with these applications, review and approval of temporary relocation plans for community residents, and California Tax Credit Allocation Committee local reviewing agency packages; 4) authorize (i) the transfer and assignment of the existing Ground Lease and Regulatory Agreement dated September 26, 2000 by and between the 3 of 5 Regular City Council Meeting December 5, 2023
Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, and Haley Ranch Estates Housing Associates, L.P., to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, (ii) an amendment to the Ground Lease to extend the initial term thereof for a new 55-year term, and (iii) an amendment to the Regulatory Agreement to reaffirm the term thereof as in perpetuity; 5) authorize (i) the transfer and assignment of the existing Ground Lease for Hillside Village, dated June 8, 2001, by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, and Community Housing of North County, to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, and (ii) an amendment to the Ground Lease to extend the initial term thereof Ground Lease for a new 55-year term; 6) authorize (i) the transfer and assignment of the existing Regulatory Agreement for Hillside Village, dated February 5, 2002, by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, Breihan Housing Associates, L.P., and Community Housing of North County, to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, and (ii) an amendment to the Regulatory Agreement to reaffirm the term thereof as in perpetuity; 7) authorize (i) the transfer and assignment of the existing Loan Agreement for Hillside Village dated February 5, 2002, by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, and Breihan Housing Associates, L.P., and the existing Promissory Note and Deed of Trust executed by Breihan Housing Associates, L.P. to a new Low-Income housing tax credit partnership, yet to be formed, and, (ii) an amendment to the Loan Agreement and amendment to the Promissory Note to restate the loan amount thereunder to include the full principal amount of the Loan and all accrued interest through the date of finance closing, modify the interest rate on the Loan to the Applicable Federal Rate compounding in effect as of the date of finance closing, and extend the term of the Loan for a new 55-year term; and 8) authorize (i) the transfer and assignment of the Ground Lease and Regulatory Agreement for Parkview Terrace, dated August 29, 1997 by and among the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, Community Housing of North County, and Bowron Road Group, L.P., to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, (ii) an amendment to the Ground Lease to extend the initial term thereof for a new 55-year term, and (iii) an amendment to the Regulatory Agreement to reaffirm the term thereof as in perpetuity.
15. Proposed Fiscal Year 2023-24 Capital Improvement Program City Manager's Recommendation: It is recommended the City Council adopt the Resolution approving the CIP Budget for Fiscal Year 2023-24.
WORKSHOPS: None
COUNCIL-INITIATED ITEMS:
16. Appointment of Deputy Mayor for 2024
17. Appointment to Regional Agencies' Boards, Commissions and Committees for 2024 COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:
4 of 5 Regular City Council Meeting December 5, 2023
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: None
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 November 28, 2023. Said meeting to be held at 7:00 p.m., December 5, 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. ~~JMJfi!d-Carrie Gallagher, CMC, Ci~ Ork
5 of 5 Regular City Council Meeting December 5, 2023
December 5, 2023, Item #2
AG EN DA REPORT City of Poway
DATE:
TO:
FROM:
December 5, 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 September 19, 2023 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• September 19, 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 September 19, 2023 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. September 19, 2023 Regular City Council Meeting Minutes Reviewed/Approved By:
A.l :JL. I - -wu·~-~· •
Wendy Ke.Jerman
Assistant City Manager
1 of 7
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
December 5, 2023, Item #2
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
September 19, 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, Anita Edmondson, 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 Human Resources and Risk Management Jodene .
Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham.
(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 recognized the passing of Los Angeles County Sheriff's Deputy Ryan Clinkunbroomer who was fatally wounded after being ambushed in his patrol car.
PRESENTATIONS
None.
2 of 7 ATTACHMENT A
December 5, 2023, Item #2
City
of
Poway
-
Minutes
-
September
19,
2023
PUBLIC
COMMENT
Jeff
Schmidt,
speaking
on
behalf
of
Preserve
Wild
Poway,
discussed
the
Poway
Subarea
Habitat
Conservation
Plan
and
voiced
concerns
over
local
endangered
species
.
Lori
Grennan
,
speaking
on
behalf
of
Preserve
Wild
Poway,
discussed
endangered
mixed
chaparral
habitats
and
voiced
concerns
over
maintaining
open
spaces
in
Poway.
Ray
Jalisi
spoke
on
the
City
of
Poway
's
Code
of
Ethics
, communication
with
City
staff,
and
resident
rights.
Joe
St.
Lucas
spoke
regarding
the
Poway
Road
Specific
Plan
, new
development
construction
proximity
to
Poway
Road,
and
voiced
support
for
consideration
of
onsite
parking
for
future
developments. Manuel
Martinez
voiced
concern
regarding
recent
traffic
incidents
on
Robison
Boulevard
and
requested
speed
mitigation
measures
for
the
area
.
John
Barton
spoke
regarding
alternative
traffic
calming
solutions
for
Midland
Road
and
Edgemoor
St. CONSENT
CALENDAR
Motioned
by
Mayor
Vaus,
seconded
by
Deputy
Mayor
Frank
to
approve
Consent Calendar
Items
1 through
4. Motion
carried
5/0
by
the
following
roll-call
vote:
Ayes: Noes: Abstained: Absent: Disqualified:
Pepin,
De
Hoff,
Edmondson,
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
August
15 , 2023
Regular
City
Council
Meeting
Minutes
3. Acceptance
of
the
Espola
Road
Safety
Improvements-
Phase
2 Project;
Bid
No
. 21
-021
,
with
Tri-Group
Construction
and
Development
, Inc.
as
Complete
4. Authorization
to
Purchase
Network
Firewalls
Utilizing
NASPO
Cooperative
Purchasing
Program
Contract
#7-20-70-47-01
ORDINANCES
FOR
INTRODUCTION
5. Introduction
of
an
Ordinance
Amending
Chapter
2.28 to
Title
2 of
the
Poway
Municipal
Code
Relating
to
Electronic
Filing
of
Fair
Political
Practices
Commission
(FPPC)
Statements
of
Economic
Interest,
Form
700
; and
Campaign
Disclosure
Statements
3 of
7 December 5, 2023, Item #2
City of Poway -Minutes -September 19, 2023
City Clerk Carrie Gallagher presented the item. Ms. Gallagher provided a brief overview of filing requirements under the Political Reform Act. The proposed ordinance is a requirement in order for the City of Poway to accept electronic filings of FPPC Form 700 "Statement of Economic Interest" and campaign disclosure forms. Currently, the City can only accept paper filings.
Ms. Gallagher discussed Assembly Bill (AB) 2452, which allows local government agencies to require online or electronic filing for any person who is required to file statements, reports, or other documents. The new electronic filing system, she continued, will allow filers to file their Campaign Disclosure or Form 700s with the City of Poway providing ease-of-use for filers, saving staff time and resources, and increasing transparency and online access to statements.
In order to implement the provisions of AB 2452, the City must adopt an Ordinance permitting the use of an online filing system as an option for filing and designating the filings received electronically by the City Clerk's Office as the filings of record for the City. The system must operate securely and effectively, be of no cost to filers, be available for the public to view filings, and not place an unduly burden on filers. Ms. Gallagher noted that if approved, electronic filing will be mandatory beginning January 1, 2024.
Public Comment:
None.
End of Public Comment.
As requested by the Mayor, City Clerk Gallagher titled the Ordinance.
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
De Hoff, Edmondson, Pepin, Frank, Vaus
None
None
None
None
Motioned by Mayor Vaus, seconded by Councilmember Pepin to introduce Ordinance No. 862 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 2.28 to Title 2 of the Poway Municipal Code Relating to Electronic and Paperless Filing of Fair Political Practices Commission (FPPC) Campaign and Statement of Economic Interest Disclosure Information" waive further reading, and schedule the adoption of the Ordinance for the October 3, 2023 Regular City Council meeting. Motion carried unanimously.
PUBLIC HEARINGS:
6. Conditional Use Permit (CUP) 23-0004, a request to amend CUP 94-001 to allow the modification of an existing carwash/lube and tune complex located at 14713 Pomerado Road in the Twin Peaks Plaza and finding that no further CEQA review is necessary Mayor Vaus opened the Public Hearing at 7:25 p.m.
4 of 7
December 5, 2023, Item #2
City of Poway -Minutes -September 19, 2023
Senior Planner Hector Salgado presented the item along with a PowerPoint presentation.
Using an aerial image, he provided the subject location, current property site plan with the existing carwash and lube and tune facility and spoke regarding zoning requirements. He noted the modification includes demolition of the existing 2,005 square foot lube-and-tune facility to install 16 new vacuum stalls, with no changes proposed to the existing carwash building.
Mr. Salgado then provided the proposed site plan including proposed location of the new pay station vacuum stalls, color, size, and facility hours of operation. Images of similar vacuum models of the applicant's Rancho Peiiasquitos location were displayed. He noted a noise study had been prepared by Rincon Consultants, Inc., concluding any new noise generated would come from the motors which would be housed inside of the existing building and was found to not exceed commercial noise standards outlined in the Poway Municipal Code.
Public Comment:
No speakers.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:29 p.m.
Council discussion ensued with positive comments regarding the noise study outcome. In response to questions from Council, the applicant, David Younan of Genie Car Wash, confirmed the business' hours of operation. Mr. Salgado confirmed the City did community outreach and public noticing for the project, and as a result, had not received any responses.
Motioned by Mayor Vaus, seconded by Councilmember Pepin to adopt Resolution No. 23-048 "Approving Conditional Use Permit 23-0004; a Modification of Conditional Use Permit 94-001 to Demolish an Existing Lube and Tune Facility and Install 16 Vacuum Stalls at an Existing Carwash Located at 14713 Pomerado Road; Assessor Parcel Number: 314-710-33." Motion carried unanimously.
STAFF REPORTS:
7. Award of Contract to Gateway Pacific Contractors, Inc.; Approval of Agreement to United Guard Services, Inc., for Security Services, for the Lester J. Berglund Water Treatment Plant Clearwell Replacement Project; Bid No. 23-009 and the Appropriation of Water Revenue Bonds, Series 2023A Proceeds
Principal Civil Engineer Shadi Sarni presented the item along with a PowerPoint presentation.
She provided background on the program, which consists of the Clearwell Bypass, Clearwell Replacement, and the Treated Water Facilities Projects. The Bypass Project, which has been completed, has facilitated the Clearwell Replacement, with the Treated Water Facilities project in design stages. She explained the Clearwell Replacement Project replaces the existing 10- million-gallon water storage reservoir with two 4-million-gallon prestressed concrete dual tanks providing redundancy and operational flexibility, allowing one tank to be taken offline for future maintenance and repairs, while the other provides continuous service. The project also includes site grading, retaining walls, biofiltration bases, storm drainpipe relocations, new inlet/outlet and overflow piping vaults and other appurtenances. 5 of 7
December 5, 2023, Item #2
City of Poway -Minutes -September 19, 2023
Ms. Sarni explained bids were received from three contractors, Gateway Pacific Contractors, Inc., was the apparent low bidder with a bid amount of $31,646,023.
Ms. Sarni explained to ensure security and safety at the facility and the construction site, the services of a qualified security service contractor are required. The city requested quotes from qualified security services contractors to provide uniform services to the entry gate. Quotes were received from three services and based on qualifications and experience; staff determined United Guard Services provides the best value with an estimated total contract amount of $148,200.
On August 15 2023 the City Council and Public Financing Authority Board of Directors authorized the issuance of Water Revenue Bonds Series 2023A to provide funding for the construction of the Clearwell Replacement Project and for planning and design costs for the Treated Water Facilities Projects. In order to spend the funds, staff requests appropriation of the bond proceeds.
Public Comment:
None.
End of Public Comment.
Council Discussion ensued. Council responded positively to the Project, noting the outcome of the Project would be a more reliable water system and overall reduction in facility maintenance. Council discussed the durability of the prestress concrete cover and the long term cost savings of the Project.
Motioned by Councilmember De Hoff, seconded by Mayor Vaus to 1) award a contract for the Lester J. Berglund Water Treatment Plant Clearwell Replacement Project to Gateway Pacific Contractors, Inc., the lowest responsible bidder, in the amount of $31,646,023; 2) approve the security service agreement with United Guard Services, Inc., determined the best value, in the estimated total amount of $148,200; 3) appropriate Water Revenue Bonds, Series 2023A proceeds in the amount of $37.6 million to the Clearwell Replacement Project (WTR0027); 4) appropriate Water Revenue Bonds, Series 2023A proceeds in the amount of $500,000 to the Treated Water Facilities Projects (WTR0028 and WT040); and 5) authorize the City Manager to execute the necessary documents. Motion carried unanimously.
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Edmondson thanked the Public Works and the Fire Departments, as well as the Sheriff's Department, for their work in preparing for Hurricane Hilary. She noted their coordination 6 of 7
December 5, 2023, Item #2
City of Poway-Minutes -September 19, 2023
efforts and pointed out the readiness by distributing over 13,000 sandbags. Ms. Edm.ondson gave special thanks to Community Outreach Coordinator Rene Carmichael for her efforts in disseminating safety information across multiple platforms in preparation of a local emergency.
Mayor Vaus recognized the September 11, 2023, Bill McKibbin Memorial Golf Tournament (renamed in honor of Poway resident Bill McKibbin), previously the Poway Veterans Organization Annual Golf Tournament.
Mayor Vaus encouraged residents to attend the upcoming Poway Rodeo and noted an opportunity to purchase a special 50th Anniversary belt buckle.
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 7:46 p.m.
7 of 7
Carrie Gallagher, CMC
City Clerk
City of Poway, California
December 5, 2023, Item #3
AGENDA RE PQ RT City of Poway
DATE:
TO:
FROM:
December 5, 2023
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk (:/4,dJ-
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of Local Appointments List of City Council Appointed Committees for 2024 Summary:
The City Clerk has prepared the annual Local Appointments List required by California Government Code Section 54972. The Code requires that on or before December 31st of each year, the legislative body shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency.
Recommended Action:
It is recommended the City Council approve the Local Appointments List for 2024 and authorize the City Clerk to post in accordance with Government Code Section 54973.
Discussion:
Government Code Sections 54970-54974, also known as the Maddy Act, require the City Council prepare and post a Local Appointments List on or before December 31st of each year of all regular and ongoing boards, commissions, and committees. The list must contain the following information:
1. All appointive terms which will expire during the next calendar year;
2. The name of the incumbent appointee;
3. The date of appointment and the date the term expires; and
4. The necessary qualifications for the position
This information allows any resident the opportunity to apply to serve on a Committee. The City currently has two Committees that fall under the provisions of this section. They are the Budget Review Committee (BRC) and the Parks and Recreation Advisory Committee (PRAC) in which committee members serve two-year terms. Due to expiring terms in December 2023, the City will have two (2) vacancies on the BRC and zero (0) vacancies on the PRAC. Application material will be available on the City's website and in the City Clerk's Office. The application process will open on Monday, January 8, 2024 and applications will be accepted through 5:00 p.m. on Friday, February 9, 2024. Appointments are tentatively scheduled to be made at the March 19, 2024 City Council meeting.
Any other vacancies that occur during 2024 would be unscheduled and a notice would be posted in 1 of 3
December 5, 2023, Item #3
accordance
with
Government
Code
Section
54974
.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
None
.
Public
Notification:
Upon
approval,
the
Local
Appointments
List
will
be
posted
on
the
City's
website
and
outside
City
Hall
and
shall
remain
posted
for
the
full
calendar
year
to
remain
in
compliance
with
the
Maddy
Act.
Attachments: A.
Local
Appointments
List
2024
Reviewed/Approved
By:
Assistant
City
Manager
2 of
3 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
c~ City
Manager
December 5, 2023, Item #3
City of Poway
LOCAL APPOINTMENTS LIST
2024
In compliance with the requirements of the Maddy Act, Government Code 54972, the following appointment list is posted on an annual basis by December 31st. The City Clerk's Office submits the following:
BUDGET REVIEW COMMITTEE
Qualifications:
Purpose:
Term:
Expiring terms:
The committee consists of five (5) members who must be Poway residents.
The purpose of the Budget Review Committee shall be to review the annual Operating and Capital Improvement Budget as proposed by the City Manager, and report its findings to the City Council.
Two Years
Name Appointed By Appointed Term Expires
j Chris ~~u~ __ Brian Pepin 03/07/2023 i 12/31/24
-~---I I
j 12/31/24 : Andrew Cruz 1 Caylin Frank 03/07/2023
-----
1 Pete~ De Hoff I 12/31/24
I
1 Robert Polston 03/07/2023
I
. -
r I Jared Wils_on Steve Vaus 03/07/2023 12/31/23
I
[ John Couvrette I Barry Leonard 03/01/2022 12/31/23
PARKS AND RECREATION ADVISORY COMMITTEE
Qualifications:
Purpose:
Term:
Expiring terms:
3 of 3
The committee consists of five (5) members who must be Poway residents.
The purpose of the Parks and Recreation Advisory Committee shall be to advise the City Council on the parks and recreational needs of the City of Poway.
Two Years
Name Appointed By Appointed Term Expires
Sabrina Butler 1 Brian Pepin 03/07/2023 I 1213112024
I
Julia Fontana Caylin Frank 03/07/2023 I 1213112024
Crystal Anderson Peter De Hoff 03/07/2023 12/31/2024
Phil Rath Steve Vaus 03/07/2023 12/31/2024
Steven Polito Barry Leonard 03/07/2023 12/31/2024
ATTACHMENT A
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
CITY COUNCIL
December 5, 2023
Honorable Mayor and Members of the City Council
Judy B. Tran, Director of Finance �
Brad Rosen, Assistant Director of ��ce Operations �
(858) 668-4452 or [email protected]
Approval of an Agreement with Graybar Electric Company, Inc to Purchase Un interruptible Power Supply (UPS) Replacement Hardware and Appropriation of Funds
The City issued a Request for Proposal (RFP No. 24-005) to purchase Uninterruptible Poway Supply (UPS) replacement hardware for the City Hall data center, Council Chambers, and the Public Works data center and received two responses to the RFP. The approved Fiscal Year 2023-24 Capital Replacement Equipment Fund budget includes partial funding for this purchase and an appropriation is requested for the additional amount. Based on overall cost for the procurement and installation of the new hardware and the removal of the existing hardware, staff recommends an agreement with Graybar Electric Company, Inc. The total estimated cost for this purchase, including sales tax, is $117,277.35.
Recommended Action:
It is recommended the City Council:
1) Authorize the purchase of UPS hardware replacements for the City Hall data center, Council Chambers, and Public Works data center for a total cost of $117,277.35; 2) Approve the Resolution to authorize the additional appropriation in the amount of $47,444.77 from the General Fund unassigned fund balance; and
3) Authorize the City Manager to execute the agreement and necessary documents.
Discussion:
UPS hardware is needed at City locations where other server and network hardware exists to provide battery backup in case of a loss of electricity. These UPS systems provide backup power, protecting the technology hardware from damage in the event of grid power failure. In addition, all critical city applications supported by this hardware remain running during the short timeframe between the loss 1 of 20
December 5, 2023, Item #4
December 5, 2023, Item #4
of electricity and the transfer to the City generator power at these locations.
The UPS hardware in the City Hall data center and Council Chambers was installed when the buildings were constructed. While Internal batteries have been replaced over the years, the main UPS units are over 18 years old and need to be replaced. In addition, the UPS hardware at Public Works is 12 years old and needs to be replaced due to age and the need for newer manufacturer-supported equipment.
The City issued an RFP (No. 24,005) in September 2023 and received two responses as detailed in the table below. Graybar Electric Company, Inc. proposed the lowest cost solution that meets the requirements of the RFP.
Quot
Graybar Electric Company, Inc. $117,277.35 -------------! Industrial Power & Automation $132,893.00
As part of the City's asset management replacement program to keep our hardware technology current and supported by the manufacturers, funds were budgeted for the replacement of the UPS hardware for the three locations. Proposals for the hardware replacement came in higher than the amount collected and an appropriation for the additional amount is requested as detailed in the fiscal impact below.
Based on the lowest quote submitted, it is recommended Graybar Electric Company, Inc. be selected for the purchase and installation of the UPS hardware at the three City locations including all required electrical work, removal of existing UPS hardware, and three-years of hardware maintenance. vironmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The City proaccively plans for the replacement of its information technology assets by annually setting aside a portion of the anticipated replacement costs. As such, partial funding in the amount of $69,832.58 is available in the FY 2023-24 Capital Replacement Equipment Fund (115010-61212) and Information Technology division budget (113010-61212) for the purchase of UPS replacements. Due to increased equipment costs and required electrical work for the installation of the new hardware, an appropriation is requested from the General Fund unassigned fund balance (Fund 1000) in the amount of $47,444.77 to account number 113010-61212 to complete this purchase, The net fiscal impact of the agreement is $117,277.35.
Public Notification:
None.
Attachments:
A. Resolution
8. Standard Agreement for Services, Graybar Electric Company, Inc. 2 of20
December 5, 2023, Item #4
Reviewed/Approved By:
Wen~ttti~
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chr~
City Manager
December 5, 2023, Item #4
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT FOR THE PURCHASE OF
UNINTERUPTABLE POWER SUPPLY (UPS) HARDWARE AND
AN APPROPRIATION OF FUNDS
WHEREAS, the City proactively plans for the replacement of its UPS Hardware by setting aside monies in the Capital Replacement Equipment Fund (115010-61040) each year; WHEREAS, the cost of the UPS Hardware from Graybar Electric Company, Inc. is $117,277.35;
WHEREAS, a total of $69,832.58 is available in the Capital Replacement Equipment Fund ( 115010-61212) and Information Technology division budget (113010-61212) for the purchase of UPS Hardware; which is $47,444.77 less than required due to increased equipment costs; and WHEREAS, the City ensures the financial sustainability of the Capital Replacement Fund by having the department fund the difference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The City Council authorizes the City Manager to execute a purchase agreement for the purchase of three new UPS systems, for a net cost of $117,277.35.
SECTION 2: The City Council authorizes an appropriation of $47,444.77 from the General Fund Unassigned Fund Balance (Fund 1000) to account number 113010-61212 for the purchase of three UPS Systems.
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ATTACHMENT A
December 5, 2023, Item #4
Resolution No. 23-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of December 2023, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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December 5, 2023, Item #4
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 5th day of December, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and Graybar Electric Company, Inc. (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform procurement and installation of Uninteruptable Power Supply (UPS) hardware; WHEREAS, Consultant is a UPS Electric vendor 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 CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit 'W' 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.
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perlorm the services. Consultant shall treat all such information 6of20 ATTACHMENT B
December 5, 2023, Item #4
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 f hird 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. and expense.
7. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost 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 periorm services for the City. "Consultant" means an individual who, pursuant to a contract with a state or local agency:
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(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:
12] 1. ConsultanVContractor will not be "making a government decision'' or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or ''serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11, Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement. for inspection by City and copies thereof shall be furnished, if requested.
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December 5, 2023, Item #4
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.
( 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.
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(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.
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
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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.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in 11 of 20
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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)
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December 5, 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
Date: -----------
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By: ____________ _
Alan Fenstermacher, City Attorney
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GRAYBAR ELECTRIC COMPANY, INC.
By: __________ _
Name, Title
Date: __________ _
December 5, 2023, Item #4
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the procurement and installation of Uninteruptable Power Supply (UPS) hardware and associated electrical work at City Hall, Council Chambers and Public Works Administration further described in the Scope of Services submitted with the proposals dated October 10, 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 November 16, 2023, which are included in this document as Attachment
2. Total fee is not to exceed $117,277.35. Const1ltant'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 be effective from the period commencing December 5, 2023, and ending December 31, 2024, unl.ess sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 14 of 20
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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. 1::ndorsements:
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:
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City of Poway
P.O. Box 789
Poway, CA 92074
Graybar Electric Company, Inc.
8606 Miralani Drive
San Diego, CA 920126-4353
December 5, 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.
Deeri11g's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public: Pension arid Retirement Platts> Article 4 Califomia Public Employees' Pe11sio11 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 pub I ic business or because the retired person has skills needed to perform work of limited duration.
(d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with December 5, 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 eJigible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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(l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A)Ex.cept as otherwise provided in this paragraph, for state employees, the state emp.loyer 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 detennine 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 l, 2013, or has been included in subsequent agreements. (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter.
December 5, 2023, Item #4
Cal Gov Code§ 7522.56
(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to ( l) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January l, 2013. Amended Stats 2013 ch 528 § 11(SB13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January I, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
Note--
Arn end men ts:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) 11or firefighter hired to perform a function or functions regularly pet'formed by a public safety officer or firefighter" for "of firefighter'' in subd (t)(4); and (3) "Judges' Retirement System'' for "Judges' Retirement System l" in subd (i).
18 of 20
To:
Attn:
Phone:
Fax:
Email:
CITY OF POWAY (CD)
ACCTS PAYABLE
13325 CIVIC CENTER DR.
POWAY CA 92064-5755
Brad Rosen
000-679-4322
[email protected]
8606 MIRALANI DRIVE
SAN DIEGO CA 92126-4353
Phone: 858877
Fax: 858271
Date:
Proj Name:
GB Quote#:
Release Nbr:
11/16/2023
CITY HALL-COUNCIL-PUBLIC
0244818887
Purchase Order Nbr: CITY HALL-COUNCIL-PUBLIC WORKS
Additional Ref#
Valid From:
Valid To:
Contact:
Email:
Proposal
11/16/2023
12/16/2023
Amy Grover
[email protected]
We Appreciate Your Request and Take Pleasure in Responding As Follows Notes: Please reference U. S. Communities Contract EV-2370 Item Item/Type Quantity Supplier
200
***Item Note:•••
300
***Item Note:•••
400
***Item Note:•••
500
***Item Note:•••
600
1 EA SCHNEIDER
ELECIT
1 EA SCHNEIDER
ELECIT
1 EA SCHNEIDER
ELEC IT
1 EA SCHNEIDER
ELECIT
1 EA
Catalog Nbr
EQUIPMENT
SE RVICE S
INST ALLA Tl ON
EXTENDE D
WARRANTY
GROUND
FR EIG HT
Description . Price Unit
$53,492.94 1
$16,420.10 1
$33,117.78 1
$7,550.83 1
$2,550.00 1
Subtotal:
Estimated Tax:
Ext.Price
$53,492.94
$16,420.10
$33,117.78
$7,550.83
$2,550.00
$113,131.65
$4,145.70
(Actual tax value will be calculated at time of order placement) Total: $117,277.35
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 lo speak with a leasing specialist.
To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/h ubfs/PUBLIC%20SECTOR/Supplier%20lnformation/Graybar/EV2370_ Graybar _MAD _2017 _ 12_20.pdf 19 of 20
December 5, 2023, Item #4
ATTACHMENT 1
G~.
December 5, 2023, Item #4
~
I . .... . .. . '
- City of Poway • City Hall, Councll Chambers, Public Works UPS Rofrcsh City Hall lnstallatlon • Hardware & lnstallatlon
Galaxy VS UPS 1 ~kW 208V, 2 Internal 9Ah smart
modular battery string,. expandable to 4, Start-up
1 GVSUPS15KB4FS 5x8 Unlntorrupllbli, Pow~r Supply (UP$) Galaxy VS Seismic. KIi for Modular Ballery Csblnel
I GVSOPT002 or 521mm wldo UPS Unlnlorrupllbla Power Supply (UPS) Galaxy VS Malnrnnance Bypass Panol, slngla unit,
1 GVSBPSUBOG-1/'IP 10-30kW 208V, 20-60kW 480V wallmount Unlnlorruptlble Power Supply (UPS) Schodullng Uparodo 10 7X2◄ for Ex1,11na Slurtup
1 IMJPGSTRTUP7·UG-01 Sel'\/lce for up lo ◄O kVA UPS or B~lter,, Fr:11no Sorvlcos 1 WASSE'.M-VS1·A15 Assembly SeN!ce for (1) GVS 10-15kVA Sen,Jc.es
PRODUCT PROFESSIONAL SERVICES OTHER
1 O'MNSTAll-OBE020446-00 THIRD PARTY UPS REPLACEMENT
City Hall iota I: $33,560.93
Council Chambers Hardware & Installation
Galaxy VS UPS 25kW 208V, 2 lnton,al 9Ah smart
modular battery slrlngs, oxpondablo lo 4, Start-up
1 GVSUPS25KB4FS 5x8 Ur,lntorrupUblc Power Supply (UPS)
Golaicy VS Seismic Kit tor Modular Botto,Y Coblnot
1 GVSOPT002 or 521mm wide UPS Unlnlerruptlblc Power Supply (UPS) Gotoxy VS cable kit and condull box for 1 .Sm tall , GVSOPT013 maintenance bypass cablnel wilh transformer Unlnlcrrupllble Power Supply (UPS) Galaxy vs Molnten•ncc Bypass Coblnel w Input
transformer 25kW4BOV or600V In, 208Voul, 1.5m
1 GVSBPIT2SB tall Uninlorrupllble Power Supply (UPS)
G•la><y VS Seismic kli for Maintenance Bypass:
1 GVSOPTOOB Cablnat with Transfomer Unlntcrrupllble Pmver Supply (UPS) 1 WASSEM.VS1-A25 Assembly Serl/Ice for (1) GVS 20-25kVA Services Scheduling Upgrade lo 7X24 for Exfsllng Sto~IJP
1 Vv\JPGSTRTUP7-UG-01 Service for up lo 40 kVA UPS or Ballery Frame Services
PROOUCT PROFESSIONAL SERVICES OTHER
1 O'MNST ALL·OBED16469-00 THIRD PARTY UPS REPLACEMENT
Council Chambers
Total: $47,025.22
Public Works• Hardware & Installation
APC Symmetra LX 8kVA Scalable to 8kVA
1 SYABKBP N+1 Tower, 208/240V UnJnterrUptlble power Supply (UPS) l SBP16KP APC Service Bypass Panel Unlnterruptlblc Power Supply 3 WADVPLN1P·SY·07 1 Year NBD lP Advantage Plan for Symmetra Services QWINSTALL·QBED91982· PRODUCT PROFESSIONAL SERVJCES OTHER l 00 THIRD PARTY UPS REPLACEMENT
Public Works Total: $23,384.39
Project Management Servico • All Sites
PRODUCT PROFESSIONAL SERVICES OTHER 3 Site Project
1 QWPRJ•QBED27944--00 THIRD PARTY PROJECT MANAGEMENT Management: 6611.11 20 of 20
December 5, 2023, Item #5
AGENDA RE PO RT City of Poway
DATE:
TO:
FROM:
CONTACT:
December 5, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services~
Jeff Beers, Special Projects Engineer ".t,_.
(858) 668-4624 or [email protected]{'
CITY COUNCIL
SUBJECT: Acceptance of the Fire Station 1 Stairway Replacement Project with GQ Builders, Inc., as Complete
Summary:
On February 21, 2023, City Council awarded the contract for the Fire Station 1 Stairway Replacement Project to GQ Builders, Inc., in the amount of $141,000.00. This action will accept the project as complete.
Recommended Action:
It is recommended the City Council:
1) Accept the Fire Station 1 Stairway 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 $7,135.04, if unencumbered, 45 days after City Council acceptance;
4) Release The Ohio Casualty Insurance Company Bond for Material and Labor in the amount of $141,000.00, afterthe release of retention; and
5) Retain The Ohio Casualty Insurance Company Bond for Faithful Performance for a period of one year.
Discussion:
The Fire Station 1 Stairway Replacement project constructed an interior accessway for Fire Station 1 employees from the first floor to the second floor. Previously, the only stair access to the second floor was by two exterior stairs on the southern and western walls of the station. This project demolished the existing western exterior stairs to construct the interior second story landing of the new stairs.
There was one change order for this project in the amount of $1,700.74 for unforeseen conditions encountered during construction. The change order consisted of repairing the existing fire pole that broke during construction and concealing a window blocking the new stairway that was visible from the exterior of the building. The final contract amount is $142,700.74.
Environmental Review:
The action of acceptance of public improvements that have been completed, which were the subject 1 of2
December 5, 2023, Item #5
of
a
prior
environmental
determination,
is
not
considered
a
Project
pursuant
to
Section
15378(b)(5)
of
the
CEQA
Guidelines
and
therefore
not
subject
to
the
California
Environmental
Quality
Act.
Fiscal
Impact:
Sufficient
funds
are
available
in
the
project
account
(BD009)
for
the
release
of
retention.
Public
Notification:
None. Attachments: None. Reviewed/Approved
By:
Wendyserman Assistant
City
Manager
2 of
2 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
Ch
~
City
Manager
December 5, 2023, Item #6
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
December 5, 2023
Honorable Mayor and Members of the City Council
Judy B. Tran, Director of Finance ~
MehrnoushJamshidi, Finance Manager~
(858) 668-4426 or [email protected]
City's Investment Report as of September 30, 2023
CITY COUNCIL
Quarterly reports of investments are required to be presented to the City Council per California Government Code and the City's Investment Policy. Attached is the Investment Portfolio Report for the quarter ended September 30, 2023.
Recommended Action:
It is recommended the City Council accept and file the attached report.
Discussion:
Pursuant to Government Code Sec. 53646(b)(1) and the City's Investment Policy, the Director of Finance (i.e., City Treasurer) renders a quarterly investment report to the City Council concerning the investment portfolio's earnings and performance results. In accordance with the Investment Policy, the quarterly report includes information such as the investment type, issuer, date of maturity, par value, amount invested, current market value, and the source of the market value information.
The City is in compliance with its adopted Investment Policy, and the City's investment program provides sufficient liquidity to meet its cash flow requirements for the next six months. The fair value of the City's investment portfolio as of September 30, 2023, was $138,815,708. It consisted of the following:
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
1 of 31
December 5, 2023, Item #6
Investment Portfolio Total
Cash $127,179
Deposits at CalTRUST $23,438,607
Deposits at the Local Agency Investment Fund (LAIF) $38,662,184 U.S. Treasury Notes $29,342,353
U.S. Instrumentalities $25,698,281
Corporate Notes $21,547,103
Fair Value of Investment Portfolio as of September 30, 2023 $138,815,708 It is the City's practice to keep funds (including those identified to pay for Capital Improvement Projects) invested and earning interest until they are needed. In addition to changing market conditions, reductions in the fair value of the investment portfolio can also be reflected in payments for large capital projects as well as operational expenses. Due to year-end deadlines, there was an influx of invoices to be paid with FY 2022-23 funding in addition to other FY 2023-24 invoices paid through the end of September.
The attached Investment Portfolio Report (Attachment B) and Investment Report (Attachment C) were prepared by the City's investment manager, Insight Investment, with input from the City's Finance Department. The Portfolio Report includes all investments while the Investment Report includes only those investments managed by Insight Investment.
All City funds, including the General Fund, Water Fund, Wastewater Fund and others -except those identified in Attachment D, are pooled and invested, with earned interest allocated quarterly based on the average daily cash balance in each fund. The funds on deposit at LAIF and CalTRUST earn interest at variable rates. The interest rate for the month ending September 30, 2023, is estimated at
3.55% for LAIF, 4.78% for the CalTRUST short-term fund, and 3.74% for the CalTRUST medium-term fund.
For fixed income securities, the difference between amortized cost and fair value is considered an unrealized gain or loss. A realized loss is when the principal of the security is redeemed before its maturity date at a fair ·value lower than its amortized cost value. The amortized cost value of the externally managed investment portfolio is $78,461,280; the fair value is $76,714,917 for an unrealized loss of $1,746,363 or 2.23% of the total amortized cost value. The source of the fair value information for the U.S. Treasury Notes, the U.S. Instrumentalities, Corporate Notes, and Municipal Bonds is Interactive Data Corporation.
Also included with this report are recaps of the City's cash and investments held by fiscal agents, non managed investments, and cash on hand. The total book value of the cash and investments held by our fiscal agent, U.S. Bank, at September 30, 2023, was $127,179. The source of the market value information for these investments was U.S. Bank. The total book value of the non-managed investments was $100,094 at September 30, 2023. The City's cash on hand at September 30, 2023 totaled $2,807,307.
As of September 30, 2023, the balance of the City's Library Trust Fund is $261,979. For the Fiscal Year 2023-24 period ending September 30, 2023, $2,325 of interest earnings has been transferred to the General Fund. The City Transfers 90% of the Library Trust Fund's interest revenue to the General Fund on an annual basis to help offset library operating costs. 2 of 31
December 5, 2023, Item #6
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The externally managed investment portfolio earned interest of $138,390 for the month of September 2023, $137,271 for August 2023, and $139,170 for July 2023. Fees for investment services provided by Insight Investment during this period totaled $9,575.
Public Notification:
None.
Attachments:
A. Investment Statistics
B. Investment Portfolio Report prepared by Insight Investment C. Investment Report prepared by Insight Investment
D. City of Poway Investments and Cash with Fiscal Agent; General, Payroll, and Petty Cash Report at September 30, 2023
Reviewed/Approved By:
WendfJ:aserman
Assistant City Manager
3 of31
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
December 5, 2023, Item #6
City of Poway
Investment Statistics
Separately Managed Investment Pools
Fair Value:
CalTRUST Short-Term Deposits
CalTRUST Medium-Term Deposits
September
2022
$ 11,409,244
11,232,705
28,523,955
June
2023
$ 11,753,031
11,488,838
46,903,235
September
2023
11,894,050
11,544,557
38,662,184 Deposits at the Local Agency Investment Fund (LAIF) Total Fair Value $ 51,165,904 $ 70,145,104 $ 62,100,791 Weighted Average Yield
Effective Average Duration in days
Weighted Average Maturity in days
Externally Managed Investment Pools
Fair Value:
1.75%
1 1
3.43%
1 1
3.82%
1 1
Cash $ 32,182 $ 130,418 $ 127,179
U.S. Treasury Notes
U.S. Instrumentalities
Corporate Bonds
Total Fair Value
Amortized Cost Value:
Cash
U.S. Treasury Notes
U.S. Instrumentalities
Corporate Bonds
Total Amortized Cost Value
Unrealized Gain (Loss)
Unrealized Gain (Loss) Percentage
Accrued Interest Earned
Weighted Average Yield
Effective Average Duration in years
Weighted Average Maturity in years
28,001,371
25,240,127
21,214,999
74,488,679
32,182
28,984,175
25,943,209
21,862,328
76,821,895
(2,333,216)
-3.04%
115,610
1.58%
1.22 1.33
28,980,315
25,612,868
21,609,722
76,333,322
130,418
29,733,715
26,098,763
22,048,935
78,011,831
(1,678,508)
-2.15%
131,465
2.52%
1.76 1.93
29,342,353
25,698,281
21,547,103
76,714,917
127,179
30,061,698
26,236,861
22,035,542
78,461,280
(1,746,363)
-2.23%
138,390
2.70%
1.75 1.91
Total Fair Value of Portfolio Assets $ 125,654,583 $ 146,478,426 $ 138,815,708 Weighted Average Yield
Effective Average Duration in years
Weighted Average Maturity in years
Glossary of Yield Terminology
1.65%
0.72 0.79
2.96%
0.92 1.01
Coupon: A bond's coupon is the periodic interest payment made to the holder of the fixed income security during the life of the bond. Coupon payments can be made monthly, quarterly, or annually.
Book Yield: The Book Yield is that rate of return that will make the present value of the future cash flows of a fixed income security equal to the price paid for the security. This assumes that the security will be held to its maturity.
Current Yield: Annual rate of return on an investment expressed as a percentage. Current Yield of a fixed income security is the annualized earnings (coupon) divided by the bond's market value as of the valuation date.
One Year Total Yield: The One Year Total Yield or One Year Return represents the portfolio's percentage change over a year's time, factoring in interest payments, changes in market value and reinvestment of distributions.
3.20%
0.97 1.06
Weighted Average Yield: The total yield on a bond portfolio divided by the number of bonds contained in ii, weighted for the size of each bond so that the yield of large holdings does not drown out the calculation of yields on small holdings.
Yield to Maturity: The Yield to Maturity (YTM) or Market Yield to Maturity of a fixed income security is that rate of interest that will make the present value of the future cash flows equal to the market value as of the valuation date, assuming the bond is held to maturity. 4 of 31 ATTACHMENT A
December 5, 2023, Item #6
City
of
Poway
Monthly
Investment
Portfolio
Report
September
30,
2023
Separately
Managed
Investment
Pools
%
Return
LAIF
$
38,662
,184
62%
3.55%
CalTrust
-Short
$
11,894,050
19%
4.78%
CalTrust
-Medium
$
11,544,557
19%
3.74%
Total
Internally
Managed
$
62,100,791
45%
Weighted
Average
Yield
3.82% Days
Effective
Average
Duration
-Internal
1 Weighted
Average
Maturity
-Internal
1 Externally
Managed
Assets
%
Return
Cash
$
127,179
0%
3.50%
Treasury
Securities
$
29 ,342
,353
38%
2.43%
Instrumentality
Securities
$
25,698
,281
33%
2.79%
Corporate
Notes
$
21,547
,103
28%
2.96%
Total
Externally
Managed
$
76,714,916
55%
Weighted
Average
Yield
2.70% Years
Effective
Average
Duration
-External
1.75 Weighted
Average
Final
Maturity
-External
1.91 Total
Portfolio
Assets
%
Return
LAIF
$
Ca
IT
rust
-Short
$
CalTrust
-Medium
$
Cash
$
Treasury
Securities
$
Instrumentality
Securities
$
Corporate
Notes
$
Total
Portfolio
Assets
$
Weighted
Average
Yield
Effective
Average
Duration
-Total
Weighted
Average
Maturity-
Total
Portfolio
Change
Beginning
Balance
Ending
Balance
Assets
values
shown
at
Market
5 of31
38,662,184
28%
3.55%
11,894,050
9%
4.78%
11,544,557
8%
3.74%
127,179
0%
3.50%
29,342,353
21%
2.43%
25,698,281
19%
2.79%
21,547,103
16%
2.96%
138,815,708
3.20% Years 0.97 1.06
$ $
Ca
IT rust
-
CalTrust
-Short
,
19%
Securities
26% 139,811,963 138,815,708
ATTACHMENT
B
LAIF,
62%
Cash
, 0%
Treasury
Securities,
38%
Instrumentality Securities,
33%
CalTrust
-Short
CalTrust-
12%
Cash 0%
December 5, 2023, Item #6
AfTACHMENil" C
December 5, 2023, Item #6
Contents
Fixed income market review
Activity and performance summary
Recap of securities held
Maturity distribution of securities held
Securities held
GASB 40 -Deposit and investment risk disclosure
Securities purchased
Securities sold and matured
Detail of return and interest received
Transaction report
Additional information
3 4
6 7
8 13
17 18
19 23
24 .....
M
....
0 "
December 5, 2023, Item #6
FIXED INCOME MARKET REVIEW
As of September 30, 2023
Chart 1: The Federal Reserve forecast "higher for longer" interest rates 6 "--c-:::-.... _
5 ?12.. 4
' -....
.. -.... , : : : : , , , JidN#ii
....... , ....
', ......
(l)
+-'
3 ro
~ Mbff M,iifi! ........ --
V,
"C
C 2 ::,
u..
"C
(l)
1 u..
0 2021 2022 2023 2024 2025 2026
--Fed Funds rate - - -Dots (Sep '23) - - -Dots (June '23) Source: Bureau of Labor Statistics, September 30, 2023
Chart 2: Core CPl's momentum continued to improve as energy pushed up headline CPI 12%
(l) 10%
+-'
~ 8%
"C
(l)
6% .!::l
ro 4% ::,
~
" C .____, \ ,., ...........
C 2% -~,· ro ,' ',,,,,' \ ..c
+-' 0%
• '
C
0 -2% E
m -4%
-6%
2019 2020 2021 2022 2023
--CPI -----Core CPI
Source: Bureau of Labor Statistics, Insight calculations, September 30, 2023
CITY OF POWAY
Economic Indicators and Monetary Policy
The Federal Reserve kept the Fed Funds target rate on hold at 5.25% to 5.5% at the September meeting. However, the Committee continued to project another rate hike by the end of the year and adjusted the "dot plot" to reflect a slower pace of rate cuts than it did in at its June meeting (Chart 1 ). The Fed also significantly raised its economic growth forecasts. Chair Powell, nonetheless, stated the central bank will "proceed carefully".
Headline CPI rose 0.6% month-on-month in August (up from 0.2% in July) driven primarily by higher energy prices. On a year-over-year basis, CPI rose 3.7% in August from 3.2%. However, core CPI painted a more benign picture, decreasing from 4.7% to 4.3% year-on-year, the slowest level since September 2021. Meanwhile, the 3-month annualized rate fell below 3%, improving from 3.1 % to 2.4% (Chart 2). Broad disinflationary trends are still evident across non-energy areas, although there were some blemishes, with non-durable goods and transportation (particularly private transportation) categories contributing positively, likely related to higher energy prices.
The final estimate of Q2 GDP was unchanged at 2.1 % (equal to Q1 GDP growth). However, consumption was revised down and business investment was revised up.
Labor market conditions remained tight overall. The unemployment rate unexpectedly increased from 3.5% to 3.8%, which was partly driven by the participation rate increasing from
62.6% to 62.8%. Wage growth continued to edge down, falling from 4.4% to 4.3% year-on-year.
Job growth was also solid at 187,000 and would have been ~55,000 higher if not for Hollywood strikes and layoffs at a large trucking company.
Congress faced the looming prospect of a government shutdown at the end of the month, given objections from a faction of Republicans in the House of Representatives over the required appropriations bills needed to keep the government funded. However, at the very end of the month, Congress passed a "continuing resolution" to keep the government funded for 45 days, buying until mid-November for a comprehensive agreement.
Interest Rate Summary
As the Federal Reserve projected a "higher for longer" interest rate path, long-end yields rose significantly, but short-end yields remained stable. At the end of September, the 3-month US Treasury bill yielded 5.46%, the 6-month US Treasury bill yielded 5.55%, the 2-year US Treasury note yielded 5.05%, the 5-year US Treasury note yielded 4.61 % and the 1 o-year US Treasury note yielded 4.57%. ...
M
....
0 00
3 December 5, 2023, Item #6
ACTIVITY AND PERFORMANCE SUMMARY
For the period September 1, 2023 -September 30, 2023
Amortized cost Basis Activity summary
Opening balance
Income received
Total receipts
Total disbursements
lnterportfolio transfers
Total lnterportfollo transfers
Realized gain (loss)
Change in accruals from security movement
Total amortization expense
Total 01D/MKT accretion Income
Return of capital
Closing balance
Ending fair value
Unrealized gain (loss)
203,660.74
0.00 Comparative Bates of Beturn 1%}
*Twelve * Six
month trailing month trailing
Fed Funds
Overnight Repo
Merrill Lynch 3m US Treas Bill
Merrill Lynch 6m US Treas Bill
ML 1 Year US Treasury Note
ML 2 Year US Treasury Note
ML 5 Year US Treasury Note
* rates reflected are cumulative
4.60 4.61
4.69 4.77
4.93 4.48
3.85 2.54
2.55 2.55
2.52 2.56
2.28 1.99
78,222,036.23
203,660.74
0.00 0.00
0.00 0.00
(29,043.03)
64,626.12
0.00 78,461,280.06
76,714,916.43
(1,746,363.63)
* One month
0.43 0.43
0.43 0.43
0.44 0.40
0.36 Detail of Amortized cost Basis Beturn
Interest Accretion Realized
earned (amortization} gain (loss)
Cash and Cash Equivalents 419.35 0.00 0.00
Corporate Bonds 58,328.81 (4,464.06) 0.00
Government Agencies 44,304.84 14,331.19 0.00
Government Bonds 35,336.94 25,715.96 0.00
Total 138,389.94 35,583.09 0.00
summary of Amortized cost Basis Beturn tor the Period
Interest earned
Accretion (amortization)
Realized gain (loss) on sales
Total income on portfolio
Average daily amortized cost
Period return (%)
YTD return (%)
Weighted average final maturity in days
CITY OF POWAY
Total
income
419.35
53,864.75
58,636.03
61,052.90
173,973.03
Total portfolio
138,389.94
35,583.09
0.00 173,973.03
78,392,986.03
0.22 1.79
697
...
M ....
0 en
4 December 5, 2023, Item #6
ACTIVITY AND PERFORMANCE SUMMARY
For the period September 1, 2023 -September 30, 2023
fair Value Basis Activity summary
Opening balance
Income received
Total receipts
Total disbursements
lnterportfolio transfers
Total lnterportfollo transfers
Unrealized gain {loss) on security movements
Change in accruals from security movement
Return of capital
Change in fair value for the period
Ending fair value
203,660.74
0.00 CQmparative Bates Qf Beturn f%l
*Twelve * Six
month trailing month trailing
Fed Funds
Overnight Repo
ICE Bofa 3 Months UST-BILL
ICE Bofa 6m US Treas Bill
ICE Bofa 1 Yr US Treasury Note
ICE BofA US Treasury 1-3
ICE BofA US Treasury 1-5
* rates reflected are cumulative
4.60 4.61
4.47 4.59
3.68 2.47
2.13 2.54
2.55 2.50
2.40 1.63
0.17 (0.64)
76,718,925.78
203,660.74
0.00 0.00
0.00 0.00
0.00 (207,670.09)
76,714,916.43
* One month
0.43 0.43
0.46 0.45
0.34 (0.01)
(0.34)
Detail Qf fair Value Basis Beturn
Interest Change in
earned fair value
Cash and Cash Equivalents 419.35 0.00
Corporate Bonds 58,328.81 (91,919.57)
Government Agencies 44,304.84 (66,299.66)
Government Bonds 35,336.94 (49,450.86)
Total 138,389.94 (207,670.09)
summary Qf fair Value Basis Beturn for the PeciQd
Interest earned
Change in fair value
Total income on portfolio
Average daily total value*
Period return (%)
YTD return (%)
Weighted average final maturity in days
* Total value equals market value and accrued interest
CITY OF POWAY
Total
income
419.35
(33,590.76)
(21,994.82)
(14,113.92)
(69,280.15)
Total portfolio
138,389.94
(207,670.09)
(69,280.15)
77,124,828.26
(0.09)
2.20 697
...
M
....
0 0 ...
5 December 5, 2023, Item #6
RECAP OF SECURITIES HELD
As of September 30, 2023
Cash and Cash Equivalents
Corporate Bonds
Government Agencies
Government Bonds
:•.J.11:"":
Historical
cost
127,179.39
22,519,748.00
26,260,440.59
29,876,340.52
\
Amortized
cost
127,179.39
22,035,542.37
26,236,860.52
30,061,697.78
Fair value
127,179.39
21,547,102.98
25,698,280.66
29,342,353.40
Unrealized
gain (loss)
0.00 (488,439.39)
(538,579.86)
(719,344.38)
Weighted Percent
average of
final portfolio
maturity (days)
736
738
635
0.16 28.58
33.33 37.92
Portfolio diversification {%)
■ Cash and Cash Equivalents
■ Corporate Bonds
■ GovernmentAgencies
■ Government Bonds
Total
0.16 28.58
33.33 37.92
100.00
Weighted
average
effective
duration (years)
0.00 1.75
1.87 1.64
CITY OF POWAY
...
M
~
0 ... ...
6 December 5, 2023, Item #6
MATURITY DISTRIBUTION OF SECURITIES HELD
As of September 30, 2023
Maturity
---
Under 90 days
90 to 1 79 days
180 days to 1 year
1 to 2 years
2 to 3 years
3 to 4 years
4 to 5 years
Over 5 years
16.00 14.00
E 12.00
.s ..., 10.00 "' 0 u 8.00 ;;; u 6.00 ·;;:
0 ...,
4.00 "' :i:
2.00 0.00
o'l>-f
0:,<::>
00'
,::? 0:,<::>'o
o'l>-f
~O:,
...._'b<::>
Maturity distribution
J
,_.,.,fl)
,o
o~'?
(,
~q,'1>
'l,
..... ~
~'?
~q;
":>
'l, ,s,
Historic cost Percent
10,414,803.35 13.22
9,511,808.71 12.07
9,518,076.63 12.08
14,556,222.42 18.48
12,388,010.59 15.72
10,224,427.66 12.98
12, 170,359.14 15.45
0.00 0.00
. -., ~ ""-• : _::/~:?f{1.e}~,\2iitf~1:~~
~'?
~q;
i,.
":> ,o
~'?
~q;
½
i,.'-0
~'?
~q;
/-..½
d",.,
CITY OF POWAY
....
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7 December 5, 2023, Item #6
SECURITIES HELD
CITY OF POWAY
As of September 30, 2023
Cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % Call date shares gain accrued Port
(loss) interest cost
Cash and Cash Equivalents
Cash and Cash Equivalents 0.000 127,179.39 127,179.39 127,179.39 127,179.39 0.00 0.00 0.16 ---- Total Cash and Cash Equivalents 127,179.39 127,179.39 127,179.39 127,179.39 0.00 0.00 0.16 ---
Corporate Bonds
17325FA57 CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23) 3.650 01/23/2024 1,400,000.00 1,484,224.00 1,404,905.68 1,390,371.30 (14,534.38) 9,510.28 1.88 12/23/2023
91159HHVS US BANCORP 3.375% OSFEB2024 (CALLABLE OSJAN24) 3.375 02/05/2024 1,900,000.00 1,999,636.00 1,906,150.37 1,881,853.48 (24,296.89) 9,796.88 2.54 01/05/2024
17275RAN2 CISCO SYSTEMS INC 3.625% 04MAR2024 3.625 03/04/2024 1,000,000.00 1,070,370.00 1,007,243.97 991,022.45 (16,221.52) 2,618.06 1.36 459200JY8 IBM CORP 3% 15MAY2024 3.000 05/15/2024 2,300,000.00 2,463,231.00 2,332,444.32 2,260,902.60 (71,541.72) 25,875.00 3.13 02665WCZ2 AMERICAN HONDA FINANCE 2.4% 27 JUN2024 2.400 06/27/2024 1,000,000.00 1,012,410.00 1,002,024.11 975,225.39 (26,798.72) 6,200.00 1.29 46647PAY2 JPMORGAN CHASE & CO 4.023% 05DEC2024 (CALLABLE 4.023 12/05/2024 2,000,000.00 2,207,640.00 2,012,007.65 1,991,118.72 (20,888.93) 25,702.50 2.80 OSDEC23) 12/05/2023
166764BW9 CHEVRON CORP 1.554% 11 MAY2025 (CALLABLE 1 .554 05/11/2025 1,800,000.00 1,715,436.00 1,754,591.79 1,693,558.98 (61,032.81) 10,800.30 2.18 11APR25) 04/11/2025
24422ETC3 JOHN DEERE CAPITAL CORP 3.4% 11SEP2025 3.400 09/11/2025 1,000,000.00 989,920.00 993,535.15 963,070.07 (30,465.08) 1,794.44 1.26 037833EB2 APPLE INC 0.7% 08FEB2026 (CALLABLE 08JAN26) 0.700 02/08/2026 1,200,000.00 1,096, 152.00 1,112,112.67 1,081,901.88 (30,210.79) 1,213.33 1.39 01/08/2026
06051GFX2 BANK OF AMERICA CORP 3.5% 19APR2026 3.500 04/19/2026 1,800,000.00 1,736,028.00 1,743,197.81 1,699,396.00 (43,801.81) 28,175.00 2.20 ...
M
....
0 M ...
8 December 5, 2023, Item #6
SECURITIES HELD
CITY OF POWAY
As of September 30, 2023
Cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % Call date shares gain accrued Port
(loss) interest cost
Corporate Bonds
02665WBH3 AMERICAN HONDA FINANCE 2.3% 095EP2026 2.300 09/09/2026 1,100,000.00 1,034,869.00 1,044,150.83 1,007,104.93 (37,045.90) 1,475.83 1.31 037833DB3 APPLE INC 2.9% 12SEP2027 (CALLABLE 12JUN27) 2. 900 09/12/2027 1,300,000.00 1,234,987.00 1,245,101.85 1,200,433.34 (44,668.51) 1,885.00 1.57 06/12/2027
24422EWK1 JOHN DEERE CAPITAL CORP 4.15% 15SEP2027 4.150 09/15/2027 1,000,000.00 992,020.00 993,259.34 963,673.49 (29,585.85) 1,729.17 1.26 89236TKQ7 TOYOTA MOTOR CREDIT CORP 4.625% 1 2JAN2028 4.625 01/12/2028 1,100,000.00 1,091,585.00 1,092,555.40 1,074,402.19 (18,153.21) 11,022.92 1.39 194162AR4 COLGATE-PALMOLIVE CO 4.6% 01 MAR2028 (CALLABLE 4.600 03/01/2028 2,400,000.00 2,391,240.00 2,392,261.43 2,373,068.16 (19,193.27) 8,893.33 3.04 01 FEB28) 02/01/2028
iotal Corporate Bonds 22,300,000.00 22,519,748.00 22,035,542.37 21,547,102.98 (488,439.39) 146,692.04 28.58 • -- Government Agencies
3133EKVB9 FEDERAL FARM CREDIT BANK 1.86% 170CT2023 1.860 10/17/2023 2,000,000.00 1,997,646.00 1,999,973.83 1,997,023.76 (2,950.07) 16,843.33 2.54 3133EJ2B4 FEDERAL FARM CREDIT BANK 3% 06DEC2023 3.000 12/06/2023 1,000,000.00 1,071,740.00 1,004,896.42 995,517.72 (9,378.70) 9,500.00 1.36 3130A3VC5 FEDERAL HOME LOAN BANK 2.25% 08DEC2023 2.250 12/08/2023 1,000,000.00 1,014,600.00 1,000,632.36 993,062.22 (7,570.14) 7,000.00 1.29 3135GOV34 FANNIE MAE 2.5% 05FEB2024 2.500 02/05/2024 1,750,000.00 1,820,547.50 1,757,745.22 1,731,672.20 (26,073.02) 6,684.03 2.31 3133EMRZ7 FEDERAL FARM CREDIT BANK 0.25% 26FEB2024 0.250 02/26/2024 1,250,000.00 1,246,747.50 1,249,510.45 1,224,307.08 (25,203.37) 295.14 1.58 3133EMBE1 FEDERAL FARM CREDIT BANK 0.3% 28MAR2024 0.300 03/28/2024 2,000,000.00 1,998,500.00 1,999,787.76 1,949,597.10 (50, 190.66) 33.33 2.54 (CALLABLE 060CT23) ...
M .,_
0 '<:I' ...
9 December 5, 2023, Item #6
SECURITIES HELD
CITY OF POWAY
As of September 30, 2023
Cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % Call date shares gain accrued Port
(loss) interest cost
Government Agencies
3135GOV75 FANNIE MAE 1.75% 02JUL2024 1.750 07/02/2024 2,000,000.00 2,007,920.00 2,001,248.83 1,944,723.96 (56,524.87) 8,555.56 2.55 3130AL2A1 FEDERAL HOME LOAN BANK 0.5% 1 OFEB2025 0.500 02/10/2025 1,000,000.00 1,002,860.00 1,000,000.00 934,119.44 (65,880.56) 694.44 1.27 (CALLABLE 1 ONOV23) 11/10/2023
3134A2HG6 FREDDIE MAC 0% 11 DEC2025 0.000 12/11/2025 1,000,000.00 895,930.00 907,525.45 889,228.56 (18,296.89) 0.00 1.14 3130ALHHO FEDERAL HOME LOAN BANK 0.96% 05MAR2026 0.960 03/05/2026 2,300,000.00 2,092,540.00 2,117,743.47 2,077,984.68 (39,758.79) 1,533.33 2.66 (CALLABLE 05NOV23) 10/05/2023
3130AWLZ1 FEDERAL HOME LOAN BANK 4.75% 12JUN2026 4.750 06/12/2026 1,100,000.00 1,096,612.00 1,096,696.95 1,094,425.01 (2,271.94) 11,611.11 1.39 3130APJH9 FEDERAL HOME LOAN BANK 1 % 280CT2026 (CALLABLE 1.000 10/28/2026 2,050,000.00 1,860,110.55 1,895,523.12 1,848,138.28 (47,384.84) 8,655.56 2.36 280CT23) #0006 10/28/2023
3130AQF65 FEDERAL HOME LOAN BANK 1.25% 21 DEC2026 1 .250 l 2/21/2026 2,300,000.00 2,055,763.00 2,106,179.66 2,053,800.46 (52,379.20) 7,906.25 2.61 3130ATHWO FEDERAL HOME LOAN BANK 4.125% 1 OSEP2027 4.125 09/10/2027 2,000,000.00 1,993,260.00 1,994,592.77 1,958,669.32 (35,923.45) 4,583.33 2.53 3133EPCG8 FEDERAL FARM CREDIT BANK 4.125% 01 DEC2027 4.125 12/01/2027 1,000,000.00 989,640.00 990,879.55 974,497.90 (16,381.65) 13,635.42 1.26 3130ATUS4 FEDERAL HOME LOAN BANK 4.25% 1 ODEC2027 4.250 12/10/2027 2,000,000.00 2,010,731.16 2,009,334.13 1,965,067.82 (44,266.31) 25,972.22 2.55 3133EN5N6 FEDERAL FARM CREDIT BANK 4% 06JAN2028 4.000 01/06/2028 1,100,000.00 1,105,292.88 1,104,590.55 1,066,445.15 (38,145.40) 10,266.67 1.40 Total Government Agencies 26,850,000.00 26,260,440.59 26,236,860.52 • 25,698,280.66 (538,579.86) 133,769.72 33.33 ....
M .,_
0 i.n
....
10 December 5, 2023, Item #6
SECURITIES HELD
CITY OF POWAY
As of September 30, 2023
Cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % Call date shares gain accrued Port
(loss) interest cost
Government Bonds
91282CDA6 USA TREASURY 0.25% 305EP2023 0.250 09/30/2023 1,500,000.00 1,485,761.72 1,500,000.00 1,500,000.00 0.00 1,875.00 1.89 912828T91 USA TREASURY 1.625% 31 OCT2023 1.625 10/31/2023 1,600,000.00 1,640,630.36 1,601,683.88 1,595,253.65 (6,430.23) 10,809.78 2.08 912828U57 USA TREASURY 2.125% 30NOV2023 2.125 11/30/2023 1,900,000.00 1,925,679.69 1,900,982.11 1,889,628.53 (11,353.58) 13,458.33 2.44 9128285P1 USA TREASURY 2.875% 30NOV2023 2.875 11/30/2023 1,100,000.00 1,151,566.19 1,104,303.06 1,095,377.48 (8,925.58) 10,541.67 1.46 91282CBEO USA TREASURY 0.125% 15JAN2024 0.125 01/15/2024 1,900,000.00 1,890,283.71 1,898,750.43 1,871,574.21 (27,176.22) 496.94 2.40 912828X70 USA TREASURY 2% 30APR2024 2.000 04/30/2024 2,000,000.00 2,036,015.63 2,004,574.44 1,960,625.00 (43,949.44) 16,630.44 2.58 912828YH7 USA TREASURY 1.5% 30SEP2024 1.500 09/3012024 1,000,000.00 1,032,304.69 1,010,317.20 962,031.25 (48,285.95) 7,500.00 1.31 912828YM6 USA TREASURY 1.5% 31 OCT2024 1.500 10/3112024 1,100,000.00 1,132,015.40 1,111,267.83 1,054,968.75 (56,299.08) 6,860.05 1.44 912828YYO USA TREASURY 1.75% 31 DEC2024 1.750 12/3112024 1,000,000.00 1,046,643.98 1,016,420.40 956,796.88 (59,623.52) 4,375.00 1.33 912828ZL7 USA TREASURY 0.375% 30APR2025 0.375 04/3012025 2,900,000.00 2,704,703.13 2,799,122.80 2,688,503.90 (110,618.90) 4,521.40 3.43 912828XZ8 USA TREASURY 2.75% 30JUN2025 2.750 06/30/2025 1,500,000.00 1,445,449.22 1,453,273.53 1,440,234.38 (13,039.15) 10,312.50 1.83 91282CAJO USA TREASURY 0.25% 31 AUG2025 0.250 08/31/2025 1,400,000.00 1,279,250.00 1,327,342.70 1,277,445.32 (49,897.38) 288.46 1.62 ...
M
....
0 \0 ...
-·-·------··-··-------·----~-----· -·· ·----------·--------------- 11 December 5, 2023, Item #6
SECURITIES HELD
As of September 30, 2023
Cusip Description Coupon Maturity/ Par value or Historical cost Call date shares
Government Bonds
91282CAT8 USA TREASURY 0.25% 31 OCT2025 0.250 10/31/2025 1,200,000.00 1,086,046.88 91282CBC4 USA TREASURY 0.375% 31 DEC2025 0.375 12/31/2025 2,300,000.00 2,106, 124.89 91282CBT7 USA TREASURY 0. 75% 31 MAR2026 0.750 03/31/2026 1,400,000.00 1,243,707.82 91282CDQ1 USA TREASURY 1.25% 31 DEC2026 1 .250 1 2/31/2026 2,350,000.00 2,088,287.11 91282CFUO USA TREASURY 4.125% 31 OCT2027 4.125 10/31/2027 2,100,000.00 2,077,858.60 9128283F5 USA TREASURY 2.25% 15NOV2027 2.250 11/15/2027 1,100,000.00 1,030,523.22 91282CCH2 USA TREASURY 1.25% 30JUN2028 1.250 06/30/2028 1,700,000.00 1,473,488.28 Total Government Bonds 31,050,000.00 29,876,340.52
Amortized cost Fair value Unrealized
gain
(loss)
1,125,080.00 1,088,109.37 (36,970.63)
2, 172,045.54 2,079,253.91 (92,791.63)
1,288,519.72 1,266,015.63 (22,504.09)
2,146,254.97 2,105,085.94 (41,169.03)
2,078,323.51 2,055,292.97 (23,030.54)
1,041,767.79 1,000,398.43 (41,369.36)
1,481,667.87 1,455,757.80 (25,910.07)
30,061,697.78 29,342,353.40 (719,344.38)
CITY OF POWAY
Total %
accrued Port
interest cost
1,247.28 1.38
2,156.25 2.67
5,250.00 1.58
7,343.75 2.65
36,015.29 2.64
9,281.25 1.31
5,312.50 1.87
154,275.89 37.92
....
M ....
0 ,.... ....
12 December 5, 2023, Item #6
GASB 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE
CITY OF POWAY
As of September 30, 2023
Cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective date rating rating shares cost hist cost value mkt value dur (yrs) United States Treasury Note/Bond
91282CDA6 USA TREASURY 0.25% 0.250 09/30/2023 AA+ Aaa 1,500,000.00 1,485,761.72 1.89 1,500,000.00 1.96 0.01 912828T91 USA TREASURY 1.625% 1.625 10/31/2023 AA+ Aaa 1,600,000.00 1,640,630.36 2.08 1,595,253.65 2.08 0.09 912828U57 USA TREASURY 2.125% 2.125 11/30/2023 AA+ Aaa 1,900,000.00 1,925,679.69 2.44 1,889,628.53 2.46 0.17 9128285P1 USA TREASURY 2.875% 2.875 11/30/2023 AA+ Aaa 1,100,000.00 1,151,566.19 1.46 1,095,377.48 1.43 0.17 91282CBEO USA TREASURY 0.125% 0.125 01/15/2024 AA+ Aaa 1,900,000.00 1,890,283.71 2.40 1,871,574.21 2.44 0.29 912828X70 USA TREASURY 2% 2.000 04/30/2024 AA+ Aaa 2,000,000.00 2,036,015.63 2.58 1,960,625.00 2.56 0.57 912828YH7 USA TREASURY 1.5% 1.500 09/30/2024 AA+ Aaa 1,000,000.00 1,032,304.69 1.31 962,031.25 1.25 0.97 912828YM6 USA TREASURY 1.5% 1.500 10/31/2024 AA+ Aaa 1,100,000.00 1,132,015.40 1.44 1,054,968.75 1.38 1.04 912828YYO USA TREASURY 1.75% 1.750 12/31/2024 AA+ Aaa 1,000,000.00 1,046,643.98 1.33 956,796.88 1.25 1.21 912828ZL7 USA TREASURY 0.375% 0.375 04/30/2025 AA+ Aaa 2,900,000.00 2,704,703.13 3.43 2,688,503.90 3.50 1.53 912828XZ8 USA TREASURY 2.75% 2.750 06/30/2025 AA+ Aaa 1,500,000.00 1,445,449.22 1.83 1,440,234.38 1.88 1.66 91282CAJO USA TREASURY 0.25% 0.250 08/31/2025 AA+ Aaa 1,400,000.00 1,279,250.00 1.62 1,277,445.32 1.67 1.86 91282CAT8 USA TREASURY 0.25% 0.250 10/31/2025 AA+ Aaa 1,200,000.00 1,086,046.88 1.38 1,088,109.37 1.42 2.02 91282CBC4 USA TREASURY 0.375% 0.375 12/31/2025 AA+ Aaa 2,300,000.00 2,106, 124.89 2.67 2,079,253.91 2.71 2.18 91282CBT7 USA TREASURY 0.75% 0.750 03/31/2026 AA+ Aaa 1,400,000.00 1,243,707.82 1.58 1,266,015.63 1.65 2.41 91282CDQ1 USA TREASURY 1.25% 1.250 12/31/2026 AA+ Aaa 2,350,000.00 2,088,287.11 2.65 2,105,085.94 2.74 3.09 91282CFUO USA TREASURY 4.125% 4.125 10/31/2027 AA+ Aaa 2,100,000.00 2,077,858.60 2.64 2,055,292.97 2.68 3.63 9128283F5 USA TREASURY 2.25% 2.250 11/15/2027 AA+ Aaa 1,100,000.00 1,030,523.22 1.31 1,000,398.43 1.30 3.81 91282CCH2 USA TREASURY 1.25% 1.250 06/30/2028 AA+ Aaa 1,700,000.00 1,473,488.28 1.87 1,455,757.80 1.90 4.47 Issuer total 31,050,000.00 29,876,340.52 37.92 29,342,353.40 38.25 1.64 Federal Home Loan Banks
3130A3VC5 FEDERAL HOME LOAN 2.250 12/08/2023 AA+ Aaa 1,000,000.00 1,014,600.00 1.29 993,062.22 1.29 0.19 3130AL2A1 FEDERAL HOME LOAN 0.500 02/10/2025 11/10/2023 AA+ Aaa 1,000,000.00 1,002,860.00 1.27 934,119.44 1.22 1.33 3130ALHHO FEDERAL HOME LOAN 0.960 03/05/2026 10/05/2023 AA+ Aaa 2,300,000.00 2,092,540.00 2.66 2,077,984.68 2.71 2.27 M .... 0 00
...
13 December 5, 2023, Item #6
GASB 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE
CITY OF POWAY
As of September 30, 2023
Cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective date rating rating shares cost hist cost value mkt value dur (yrs) Federal Home Loan Banks
3130AWLZ1 FEDERAL HOME LOAN 4.750 06/12/2026 AA+ Aaa 1,100,000.00 1,096,612.00 1.39 1,094,425.01 1.43 2.47 3130APJH9 FEDERAL HOME LOAN 1.000 10/28/2026 10/28/2023 AA+ Aaa 2,050,000.00 1,860,110.55 2.36 1,848,138.28 2.41 2.94 3130AQF65 FEDERAL HOME LOAN 1.250 12/21/2026 AA+ Aaa 2,300,000.00 2,055,763.00 2.61 2,053,800.46 2.68 3.06 3130ATHWO FEDERAL HOME LOAN 4.125 09/10/2027 AA+ Aaa 2,000,000.00 1,993,260.00 2.53 1,958,669.32 2.55 3.57 3130ATU54 FEDERAL HOME LOAN 4.250 12/10/2027 AA+ Aaa 2,000,000.00 2,010,731.16 2.55 1,965,067.82 2.56 3.72 Issuer total 13,750,000.00 13,126,476.71 16.66 12,925,267.23 16.85 2.69 Federal Farm Credit Banks Funding Corp
3133EKVB9 FEDERAL FARM CREDIT 1.860 10/17/2023 AA+ Aaa 2,000,000.00 1,997,646.00 2.54 1,997,023.76 2.60 0.05 3133EJ284 FEDERAL FARM CREDIT 3.000 12/06/2023 AA+ Aaa 1,000,000.00 1,071,740.00 1.36 995,517.72 1.30 0.18 3133EMRZ7 FEDERAL FARM CREDIT 0.250 02/26/2024 AA+ Aaa 1,250,000.00 1,246,747.50 1.58 1,224,307.08 1.60 0.40 3133EMBE1 FEDERAL FARM CREDIT 0.300 03/28/2024 AA+ Aaa 2,000,000.00 1,998,500.00 2.54 1,949,597.10 2.54 0.48 3133EPCG8 FEDERAL FARM CREDIT 4.125 12/01/2027 AA+ Aaa 1,000,000.00 989,640.00 1.26 974,497.90 1.27 3.72 3133EN5N6 FEDERAL FARM CREDIT 4.000 01/06/2028 AA+ Aaa 1,100,000.00 1,105,292.88 1.40 1,066,445.15 1.39 3.81 Issuer total 8,350,000.00 8,409,566.38 10.67 8,207,388.71 10.70 1.15 Federal National Mortgage Association
3135GOV34 FANNIE MAE 2.5% 2.500 02/05/2024 AA+ Aaa 1,750,000.00 1,820,547.50 2.31 1,731,672.20 2.26 0.35 3135GOV75 FANNIE MAE 1.75% 1.750 07/02/2024 AA+ Aaa 2,000,000.00 2,007,920.00 2.55 1,944,723.96 2.54 0.73 Issuer total 3,750,000.00 3,828,467.50 4.86 3,676,396.16 4.79 0.55 Colgate-Palmolive Co
194162AR4 COLGATE-PALMOLIVE CO 4.600 03/01/2028 02/01/2028 AA-Aa3 2,400,000.00 2,391,240.00 3.04 2,373,068.16 3.09 3.88 Issuer total 2,400,000.00 2,391,240.00 3.04 2,373,068.16 3.09 3.88 Apple Inc ...
037833EB2 APPLE INC 0.7% 0.700 02/08/2026 01/08/2026 AA+ Aaa M
1,200,000.00 1,096, 152.00 1.39 1,081,901.88 1.41 2.27 'c5 O'I
...
14 December 5, 2023, Item #6
GASB 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE
CITY OF POWAY
As of September 30, 2023
Cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective date rating rating shares cost hist cost value mkt value dur (yrs) Apple Inc
037833D63 APPLE INC 2.9% 2.900 09/12/2027 06/12/2027 AA+ Aaa 1,300,000.00 1,234,987.00 1.57 1,200,433.34 1.56 3.58 Issuer total 2,500,000.00 2,331,139.00 2.96 2,282,335.22 2.98 2.96 International Business Machines Corp
459200JY8 IBM CORP 3% 3.000 05/15/2024 A-A3 2,300,000.00 2,463,231.00 3.13 2,260,902.60 2.95 0.60 Issuer total 2,300,000.00 2,463,231.00 3.13 2,260,902.60 2.95 0.60 JPMorgan Chase & Co
46647PAY2 JPMORGAN CHASE & CO 4.023 12/05/2024 12/05/2023 A-A1 2,000,000.00 2,207,640.00 2.80 1,991,118.72 2.60 0.18 Issuer total 2,000,000.00 2,207,640.00 2.80 1,991,118.72 2.60 0.18 American Honda Finance Corp
02665WCZ2 AMERICAN HONDA 2.400 06/27/2024 A-A3 1,000,000.00 1,012,410.00 1.29 975,225.39 1.27 0.72 02665WBH3 AMERICAN HONDA 2.300 09/09/2026 A-A3 1, 100,000.00 1,034,869.00 1.31 1,007,104.93 1.31 2.76 Issuer total 2,100,000.00 2,047,279.00 2.60 1,982,330.32 2.58 1.75 John Deere Capital Corp
24422ETC3 JOHN DEERE CAPITAL 3.400 09/11/2025 A A2 1,000,000.00 989,920.00 1.26 963,070.07 1.26 1.84 24422EWK1 JOHN DEERE CAPITAL 4.150 09/15/2027 A A2 1,000,000.00 992,020.00 1.26 963,673.49 1.26 3.57 Issuer total 2,000,000.00 1,981,940.00 2.52 1,926,743.56 2.51 2.71 us Bancorp
91159HHVS US BANCORP 3.375% 3.375 02/05/2024 01/05/2024 A A3 1,900,000.00 1,999,636.00 2.54 1,881,853.48 2.45 0.35 Issuer total 1,900,000.00 1,999,636.00 2.54 1,881,853.48 2.45 0.35 Bank of America Corp
06051 GFX2 BANK OF AMERICA CORP 3.500 04/19/2026 A-A1 1,800,000.00 1,736,028.00 2.20 1,699,396.00 2.22 2.34 ,- M
Issuer total 1,800,000.00 1,736,028.00 2.20 1,699,396.00 2.22 2.34 'c; 0 N
15 December 5, 2023, Item #6
GASB 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE
As of September 30, 2023
Cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio date rating rating shares cost hist cost
Chevron Corp
166764BW9 CHEVRON CORP 1.554% 1.554 05/11/2025 04/11/2025 AA-Aa2 1,800,000.00 1,715,436.00 2.18 Issuer total 1,800,000.00 1,715,436.00 2.18
Citibank NA
17325FAS7 CITIBANK NA 3.65% 3.650 01/23/2024 12/23/2023 A+ Aa3 1,400,000.00 1,484,224.00 1.88 Issuer total 1,400,000.00 1 ,484,224.00 1.88
Toyota Motor Credit Corp
89236TKQ7 TOYOTA MOTOR CREDIT 4.625 01/12/2028 A+ A1 1,100,000.00 1,091,585.00 1.39 Issuer total 1,100,000.00 1,091,585.00 1.39
Cisco Systems Inc
17275RAN2 CISCO SYSTEMS INC 3.625 03/04/2024 AA-A1 1,000,000.00 1,070,370.00 1.36 Issuer total 1,000,000.00 1,070,370.00 1.36
Federal Home Loan Mortgage Corp
3134A2HG6 FREDDIE MAC 0% 0.000 12/11/2025 AA+ Aaa 1,000,000.00 895,930.00 1.14 Issuer total 1,000,000.00 895,930.00 1.14
Cash and Cash Equivalents
CASH 0.000 127,179.39 127,179.39 0.00
Issuer total 127,179.39 127,179.39 0.00
Market % Portfolio
value mkt value
1,693,558.98 2.21
1,693,558.98 2.21
1,390,371.30 1.81
1,390,371.30 1.81
1,074,402.19 1.40
1,074,402.19 1.40
991,022.45 1.29
991,022.45 1.29
889,228.56 1.16
889,228.56 1.16
127,179.39 0.17
127,179.39 0.17
CITY OF POWAY
Effective
dur (yrs)
1.54 1.54
0.31 0.31
3.77 3.77
0.42 0.42
2.13 2.13
0.00 0.00
....
M .,_
0 ....
N
16 December 5, 2023, Item #6
SECURITIES PURCHASED
For the period September 1, 2023 -September 30, 2023
Cusip Description / Broker Trade date Coupon Maturity/
Settle date Call date
Gov'ernment Agencies
3130AWL21 FEDERAL HOME LOAN BANK 4.75% 09/06/2023 4.750 06/12/2026 WELLS FARGO SECURITIES, LLC 09/12/2023
---~
Total Government Agencies
Par value or Unit cost Principal
shares cost
1,100,000.00 99.69 (1,096,612.00)
1,100,000.00 (1,096,612.00)
CITY OF POWAY
Accrued
interest
(8,998.61)
(8,998.61)
~ I
...
M .,_
0 N N
17 December 5, 2023, Item #6
SECURITIES SOLD AND MATURED
For the period September 1, 2023 -September 30, 2023
Cusip Description / Broker Trade date Coupon Maturity/ Par value or Historical cost Settle date Call date shares
Government Agencies
3135GOU43 FNMA TRANCHE 2.875% 09-12-2023 09/12/2023 2.875 (1,000,000.00) 1,039,050.00 09/12/2023
Total (Government Agencies) (1,000,000.00) 1,039,050.00 Amortized cost Price Fair value at
at sale or sale or
maturity maturity
1,000,000.00 0.00 1,000,000.00
1,000,000.00 1,000,000.00
CITY OF POWAY
Realized
gain
(loss)
0.00 0.00
Accrued
interest
sold
0.00 0.00
...
M
....
0 M N
18 December 5, 2023, Item #6
DETAIL OF RETURN AND INTEREST RECEIVED
CITY OF POWAY
For the period September 1, 2023 -September 30, 2023
Cusip Description Accretion Realized gain Change in fair Interest earned Interest received (amortization) (loss) value
Cash
Cash and Cash Equivalents 0.00 0.00 0.00 419.35 419.35
Total Cash 0.00 0.00 0.00 419.35 419.35
----
--~~
Corporate Bonds
02665WBH3 AMERICAN HONDA FINANCE 2.3% 09SEP2026 1,582.13 0.00 (3,762.57) 2,038.05 12,650.00 02665WCZ2 AMERICAN HONDA FINANCE 2.4% 27JUN2024 (227.43) 0.00 1,852.75 1,933.33 0.00 037833EB2 APPLE INC 0.7% 08FEB2026 (CALLABLE 08JAN26) 3,109.22 0.00 (4,416.64) 676.66 0.00 037833DB3 APPLE INC 2.9% 12SEP2027 (CALLABLE 12JUN27) 1,158.19 0.00 (16,301.97) 3,036.94 18,850.00 06051GFX2 BANK OF AMERICA CORP 3.5% 19APR2026 1,854.26 0.00 (12,408.99) 5,075.00 0.00 166764BW9 CHEVRON CORP 1.554% 11MAY2025 (CALLABLE 11APR25) 2,344.66 0.00 359.14 2,253.30 0.00 17275RAN2 CISCO SYSTEMS INC 3.625% 04MAR2024 (1,411.16) 0.00 855.78 2,920.14 18,125.00 17325FAS7 CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23) (1,773.14) 0.00 1,191.31 4,116.39 0.00 194162AR4 COLGATE-PALMOLIVE CO 4.6% 01 MAR2028 (CALLABLE 01 FEB28) 145.92 0.00 (34,935.89) 8,893.33 55,200.00 459200JY8 IBM CORP 3% 15MAY2024 (4,325.91) 0.00 3,112.77 5,558.33 0.00 24422ETC3 JOHN DEERE CAPITAL CORP 3.4% 11 SEP2025 276.67 0.00 (2,823.05) 2,738.88 17,000.00 24422EWK1 JOHN DEERE CAPITAL CORP 4.15% 155EP2027 141.91 0.00 (12,429.30) 3,343.06 20,750.00 46647PAY2 JPMORGAN CHASE & CO 4.023% 05DEC2024 (CALLABLE 05DEC23) (5,541.99) 0.00 1,547.82 6,481.50 0.00 89236TKQ7 TOYOTA MOTOR CREDIT CORP 4.625% 12JAN2028 144.83 0.00 (14,011.47) 4,098.27 0.00 91159HHV5 US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) (1,942.22) 0.00 250.74 5,165.63 0.00 - Total Corporate Bonds (4,464.06) 0.00 (91,919.57) 58,328.81 142,575.00 ~
M
....
0 '<:I' N
·--·---~· ➔---·-··-· ----·--
19 December 5, 2023, Item #6
DETAIL OF RETURN AND INTEREST RECEIVED
CITY OF POWAY
For the period September 1, 2023 -September 30, 2023
Cusip Description Accretion Realized gain Change in fair Interest earned Interest received (amortization) (loss) value
Government Agencies
3135GOV75 FANNIE MAE 1.75% 02JUL2024 (137.74) 0.00 5,798.26 2,819.45 0.00 3135GOV34 FANNIE MAE 2.5% 05FEB2024 (1,858.86) 0.00 3,378.97 3,524.31 0.00 3133EMRZ7 FEDERAL FARM CREDIT BANK 0.25% 26FEB2024 100.59 0.00 5,150.84 251.74 0.00 3133EMBE1 FEDERAL FARM CREDIT BANK 0.3% 28MAR2024 (CALLABLE 060CT23) 35.77 0.00 8,240.84 483.33 3,000.00 3133EKVB9 FEDERAL FARM CREDIT BANK 1.86% 170CT2023 46.19 0.00 6,127.22 2,996.66 0.00 3133EJ2B4 FEDERAL FARM CREDIT BANK 3% 06DEC2023 (2,299.84) 0.00 2,404.13 2,416.67 0.00 3133EN5N6 FEDERAL FARM CREDIT BANK 4% 06JAN2028 (89.66) 0.00 (16,148.87) 3,544.45 0.00 3133EPCG8 FEDERAL FARM CREDIT BANK 4.125% 01 DEC2027 182.28 0.00 (14,669.26) 3,322.92 0.00 3130AL2A1 FEDERAL HOME LOAN BANK 0.5% 1 OFEB2025 (CALLABLE 1 ONOV23) 0.00 0.00 1,942.10 402.77 0.00 3130ALHHO FEDERAL HOME LOAN BANK 0. 96% 05MAR2026 (CALLABLE 05NOV23) 6,457.08 0.00 (7,597.91) 1,778.66 11,040.00 3130APJH9 FEDERAL HOME LOAN BANK 1 % 280CT2026 (CALLABLE 280CT23) #0006 4,182.59 0.00 (12,719 00) 1,651.39 0.00 3130AQF65 FEDERAL HOME LOAN BANK 1.25% 21 DEC2026 5,008.28 0.00 (16,305.64) 2,315.97 0.00 ·.;
3130A3VC5 FEDERAL HOME LOAN BANK 2.25% 08DEC2023 (278.98) 0.00 2,175.89 1,812.50 0.00 3130ATHWO FEDERAL HOME LOAN BANK 4.125% 1 OSEP2027 114.24 0.00 (11,687.32) 6,645.83 41,250.00 3130ATUS4 FEDERAL HOME LOAN BANK 4.25% 1 ODEC2027 (185.45) 0.00 (16,155.08) 6,847.22 0.00 3130AWLZ1 FEDERAL HOME LOAN BANK 4.75% 12JUN2026 84.95 0.00 (2,186.99) 2,612.50 0.00 3135GOU43 FNMA TRANCHE 2.875% 09-12-2023 (311.98) 0.00 786.74 878.47 14,375.00 3134A2HG6 FREDDIE MAC 0% 11 DEC2025 3,281.73 0.00 (4,834.58) 0.00 0.00 -n·----
- Total Government Agencies 14,331.19 0.00 (66,299.66) 44,304.84 69,665.00 ...
M ....
0 Lil
N
20 December 5, 2023, Item #6
DETAIL OF RETURN AND INTEREST RECEIVED
For the period September 1, 2023 -September 30, 2023
Cusip Description Accretion
(amortization)
Government Bonds
91282CBEO USA TREASURY 0.125% 15JAN2024 350.35
91282CDA6 USA TREASURY 0.25% 30SEP2023 680.17
91282CAJO USA TREASURY 0.25% 31 AUG2025 3,109.44
91282CAT8 USA TREASURY 0.25% 31 OCT2025 2,949.60
912828ZL7 USA TREASURY 0.375% 30APR2025 5,235.84
91282CBC4 USA TREASURY 0.375% 31 DEC2025 4,664.20
91282CBT7 USA TREASURY 0. 75% 31 MAR2026 3,663.10
91282CCH2 USA TREASURY 1.25% 30JUN2028 3,775.20
91282CDQ1 USA TREASURY 1.25% 31 DEC2026 5,145.07
912828YH7 USA TREASURY 1.5% 305EP2024 (845.68)
912828YM6 USA TREASURY 1.5% 31 OCT2024 (851.47)
912828T91 USA TREASURY 1.625% 31 OCT2023 (1,629.56)
912828YYO USA TREASURY 1.75% 31 DEC2024 (1,075.57)
912828X70 USA TREASURY 2% 30APR2024 (644.28)
912828U57 USA TREASURY 2.125% 30NOV2023 (483.00)
9128283F5 USA TREASURY 2.25% 15NOV2027 1,159.23
912828XZ8 USA TREASURY 2.75% 30JUN2025 2,193.73
9128285P1 USA TREASURY 2.875% 30NOV2023 (2,116.26)
Realized gain Change in fair
(loss) value
0.00 7,941.39
0.00 6,141.06
0.00 (820.31 I
0.00 (1,312.50)
0.00 1,132.80
0.00 (4,761.72)
0.00 (4,593.74)
0.00 (21,250.00)
0.00 (14,320.31 I
0.00 1,875.00
0.00 1,417.97
0.00 5,191.15
0.00 781.26
0.00 4,765.62
0.00 5,066.03
0.00 (11,128.91 I
0.00 (2,812.50)
0.00 2,338.41
Interest earned
193.61
307.38
288.46
244.56
886.55
703.12
860.66
1,732.34
2,394.70
1,229.51
1,345.10
2,119.56
1,426.63
3,260.87
3,309.42
2,017.66
3,362.77
2,592.22
CITY OF POWAY
Interest received
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
....
M
....
0 \l)
N
21 December 5, 2023, Item #6
DETAIL OF RETURN AND INTEREST RECEIVED
Fqr the period September 1, 2023 -September 30, 2023
Cusip Description
Government Bonds
91282CFUO USA TREASURY 4.125% 31 OCT2027
Total Government Bonds
Accretion
(amortization)
435.85
25,715.96
Realized gain
(loss)
0.00 0.00
tJ[IIt:
CITY OF POWAY
Change in fair Interest earned Interest received
value
(25,101.56)
(49,450.86)
7,061.82
35,336.94
0.00 0.00
... rr,
....
0 " N
22 December 5, 2023, Item #6
TRANSACTION REPORT
FGr the period September 1, 2023 -September 30, 2023
Trade date Cusip Transaction Sec type Description Maturity Settle date
09/01/2023 194162AR4 Income Corporate Bonds COLGATE-PALMOLIVE CO 4.6% 03/01/2028 09/01/2023
09/04/2023 17275RAN2 Income Corporate Bonds CISCO SYSTEMS INC 3.625% 03/04/2024 09/04/2023
09/05/2023 3130ALHHO Income Government Agencies FEDERAL HOME LOAN BANK 03/05/2026 09/05/2023
09/06/2023 3130AWLZ1 Bought Government Agencies FEDERAL HOME LOAN BANK 06/12/2026 09/12/2023
09/09/2023 02665WBH3 Income Corporate Bonds AMERICAN HONDA FINANCE 09/09/2026 09/11/2023
09/10/2023 3130ATHWO Income Government Agencies FEDERAL HOME LOAN BANK 09/10/2027 09/10/2023
09/11/2023 24422ETC3 Income Corporate Bonds
JOHN DEERE CAPITAL CORP 09/11/2025
09/11/2023
09/12/2023 037833DB3 Income Corporate Bonds APPLE INC 2.9% 12SEP2027 09/12/2027 09/12/2023
09/12/2023 3135GOU43 Income Government Agencies FNMA TRANCHE 2.875% 09/12/2023 09/12/2023
09!.)1'/2023 3135GOU43 Capital Change Government Agencies FNMA TRANCHE 2.875% 09/12/2023 09/12/2023
09/15/2023 24422EWK1 Income Corporate Bonds JOHN DEERE CAPITAL CORP 09/15/2027 09/15/2023
09/28/2023 3133EMBE1 Income Government Agencies
FEDERAL FARM CREDIT BANK 03/28/2024
09/28/2023
09/30/2023 Income
Cash and Cash Equivalents Cash
----~ -· ---·-------------·-
Par value or Realized Principal
shares gain(loss)
2,400,000.00 0.00 0.00
1,000,000.00 0.00 0.00
2,300,000.00 0.00 0.00
1,100,000.00 0.00 (1,096,612.00)
1,100,000.00 0.00 0.00
2,000,000.00 0.00 0.00
1,000,000.00 0.00 0.00
1,300,000.00 0.00 0.00
1,000,000.00 0.00 0.00
(1,000,000.00) 0.00 1,000,000.00
1,000,000.00 0.00 0.00
2,000,000.00 0.00 0.00
0.00 0.00 0.00
CITY OF POWAY
Interest Transaction total
55,200.00
18,125.00
11,040.00
(8,998.61)
12,650.00
41,250.00
17,000.00
18,850.00
14,375.00
0.00 20,750.00
3,000.00
419.35
55,200.00
18,125.00
11,040.00
(1,105,610.61)
12,650.00
41,250.00
17,000.00
18,850.00
14,375.00
1,000,000.00
20,750.00
3,000.00
419.35
...
M
....
0 00
N
23 December 5, 2023, Item #6
ADDITIONAL INFORMATION
CITY OF POWAY
As of September 30, 2023
Past performance is not a guide to future performance. The value of investments and any income from them will fluctuate and is not guaranteed (this may partly be due to exchange rate changes) and investors may not get back the amount invested. Transactions in foreign securities may be executed and settled in local markets. Performance comparisons will be affected by changes in interest rates. Investment returns fluctuate due to changes in market conditions. Investment involves risk, including the possible loss of principal. No assurance can be given that the performance objectives of a given strategy will be achieved. The information contained herein is for your reference only and is being provided in response to your specific request and has been obtained from sources believed to be reliable; however, no representation is made regarding its accuracy or completeness. This document must not be used for the purpose of an offer or solicitation in any jurisdiction or in any circumstances in which such offer or solicitation is unlawful or otherwise not permitted. This document should not be duplicated, amended, or forwarded to a third party without consent from Insight. This is a marketing document intended for professional clients only and should not be made available to or relied upon by retail clients Investment advisory services in North America are provided through two different SEC-registered investment advisers using the brand Insight Investment: Insight North America LLC (INA) and Insight Investment International Limited (IIIL). The North American investment advisers are associated with a broader group of global investment managers that also (individually and collectively) use the corporate brand Insight Investment and may be referred to as Insight, Insight Group or Insight Investment.
INA is an investment adviser registered with the Securities and Exchange Commission (SEC), under the Investment Advisers Act of 1940, as amended. Registration with the SEC does not imply a certain level of skill or training.
You may request, without charge, additional information about Insight. Moreover, specific information relating to Insights strategies, including investment advisory fees, may be obtained from INA's Form ADV Part 2A, which is available without charge upon request.
Where indicated, performance numbers used in the analysis are gross returns. The performance reflects the reinvestment of all dividends and income. lNA charges management fees on all portfolios managed and these fees will reduce the returns on the portfolios. For example, assume that $30 million is invested in an account with INA, and this account achieves a 5.0% annual return compounded monthly, gross of fees, for a period of five years.
At the end offive years that account would have grown to $38,500,760 before the deduction of management fees. Assuming management fees of 0.25% per year are deducted monthly from the account, the value at the end of the five year period would be $38,022,447. Actual fees for new accounts are dependent on size and subject to negotiation. INA's investment advisory fees are discussed in Part 2A of its Form ADV.
Unless otherwise stated, the source of information is Insight. Any forecasts or opinions are Insight's own at the date of this document (or as otherwise specified) and may change. Material in this publication is for general information only and is not advice, investment advice, or the recommendation of any purchase or sale of any security. Insight makes no implied or expressed recommendations concerning the manner in which an account should or would be handled, as appropriate investment strategies depend upon specific investment guidelines and objectives and should not be construed to be an assurance that any particular security in a strategy will remain in any fund, account, or strategy, or that a previously held security will not be repurchased. It should not be assumed that any of the security transactions or holdings referenced herein have been or will prove to be profitable or that future investment decisions will be profitable or will equal or exceed the past investment performance of the securities listed.
Please compare the information provided in this statement to the information provided in the statement received from your Custodian.
For trading activity the Clearing broker will be reflected. In certain cases the Clearing broker will differ from the Executing broker.
In calculating ratings distributions and weighted average portfolio quality, Insight assigns U.S Treasury and U.S agency securities a quality rating based on the methodology used within the respective benchmark index. When Moody's, S&P and Fitch rate a security, Bank of America and Merrill Lynch indexes assign a simple weighted average statistic while Barclays indexes assign the median statistic. Insight assigns all other securities the lower of Moody's and S&P ratings.
Information about the indices shown here is provided to allow for comparison of the performance of the strategy to that of certain well-known and widely recognized indices. There is no representation that such index is an appropriate benchmark for such comparison. You cannot invest directly in an index and the indices represented do not take into account trading commissions and/or other brokerage or custodial costs. The volatility of the indices may be materially different from that of the strategy. In addition, the strategy's holdings may differ substantially from the securities that comprise the indices shown.
The ICE BofA 3 Month UST-Bill index is an unmanaged market index of U.S. Treasury securities maturing in 90 days that assumes reinvestment of all income.
The ICE BofA 6 Month UST-Bill index measures the performance of Treasury bills with time to maturity of less than 6 months.
The ICE BofA 1-Year US Treasury Index is a one-security index comprised of the most recently issued 1-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 1-year note must be auctioned on or before the third business day before the last business day of the month.
The ICE BofA 3-Year US Treasury Index is a one-security index comprised of the most recently issued 3-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 3-year note must be auctioned on or before the third business day before the last business day of the month.
The ICE BofA 5-Year US Treasury Index is a one-security index comprised of the most recently issued 5-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 5-year note must be auctioned on or before the third business day before the last business day of the month.
The ICE BofA 1-3 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than three years.
The ICE BofA 1-5 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than five years. ...
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24 December 5, 2023, Item #6
ADDITIONAL INFORMATION
As of September 30, 2023
Insight does not provide tax or legal advice to its clients and all investors are strongly urged to consult their tax and legal advisors regarding any potential strategy or investment.
CITY OF POWAY
Insight is a group of wholly owned subsidiaries ofThe Bank of New York Mellon Corporation. BNY Mellon is the corporate brand ofThe Bank of New York Mellon Corporation and may also be used as a generic term to reference the Corporation as a whole or its various subsidiaries generally. Products and services may be provided under various brand names and in various countries by subsidiaries, affiliates and joint ventures of The Bank of New York Mellon Corporation where authorized and regulated as required within each jurisdiction. Unless you are notified to the contrary, the products and services mentioned are not insured by the FDIC (or by any governmental entity) and are not guaranteed by or obligations ofThe Bank of New York Mellon Corporation or any of its affiliates. The Bank of New York Corporation assumes no responsibility for the accuracy or completeness of the above data and disclaims all expressed or implied warranties in connection therewith. © 2023 Insight Investment. All rights reserved.
...
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25 December 5, 2023, Item #6
City of Poway Investments & Cash with Fiscal Agent; Non-Managed Investments; General, Payroll & Petty Cash September 2023
Part I
Investments f:t Cash with Fiscal Agents
Face Book Settlement :-v'i"";i~ r Days to I % of Total
INVESTMENT DESCRIPTION i Date i Maturity i Maturity I Investment Value Value Market 11 Unrealized
Value Gain(Loss)
1st Am Gov't Obligations Money Mkt Fd r 09/30/23J ~~s! ,--1 ! i 100.00%j I $488,798.69 ! I $488,798.69 $0.00 Average/Total
Paying Agent or Uninvested Cash & DITs
Total Investments and Cash with Fiscal Agent
Non-Mana!;led Investments
INVESTMENT DESCRIPTION
County Pool
I 1r--p 11 II I
;=. ==:J -, ----I I II Ii I r------1
---·~-r II L Ir -II I
___ _.I f'va"ri"o-;:;~1 j 1 I. 100.00%1 I $488,798.69 I I $488,798.69 ;===~• I
r ___ 1r II
$488,798.69] ! $0.00 I !
$0.00
-----.. ·-·-·---:--1 r $488,798.691 -_ --·-1
---
Part II
'
Settlement ~ Yield to I Days to r % of Total • Face 11 Book I I Market Unrealized I Date ; Maturity , Maturity I investment Value I Value Value Gain(Loss) ! : 09130123 I' 3.17%1! 1p 100.00%1 r s100,094_01 1 r· s100,094_01 1 i ($3,383.01il ! ' --n---· i;· I~ -··1r ---I II 1!
-r 3:17%1, -N/A I ;'100...-00%1 ,-$100,094.01 ir-s100T94.01'l I -$96,711.00 p-~83mJl l , .. --------------__ --_-_ -_;:: __ ---(
Average/Total
Part Ill
General, Payroll f:t Petty Cash
f -·s~ok·
! Value l
General Cash (Union Bank) ·---• ~--· --··11 $2,748,707.01 r·c-~--· -·-·-·--_-· ~--1 ' Payroll Cash (Union Bank) ,-• -, ·-------------• ---· --· -_' ---, r-sw:-oooyoJ ,----I Emergency Cash (Union Bank) ·••· -------~~---•--" m, ~., --• -1 r--$10,000.00! r I '.
Grant Cash (Union Bank) ·-----·--• -· •• -· -·: -----... · • ---·----~ -----·-·1 i $0.00 j I I l Flexible Benefits Cash (Union Bank) ~-. ~ • --•• ·-· --Ir -$20,000.00 I -, ---_---------:--~1 ! Petty Cash ·-·-· -• ---··---• ·------------c ---:·--~ 11 -$8,600.00 I r--·-·· 1 Total Cash ---------·--_,. -------····-·---_-·-! !·-$2,807,307.01 I I ··-· -l ! D-----------____ ,._ -• .
C
1-
z w
~
J:
u
s
...
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....
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1 of 8
December 5, 2023, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
December 5, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services ,#1
Alex Ubaldo, P.E., Principal Civil Engineer~
(858) 668-4602 or [email protected] \[J
CITY COUNCIL
Submission of Right-Of-Way Certification Form for Federal-Aid Projects - Highway Safety Improvement Program Cycle 10 Project
This action will approve a resolution authorizing the City Manager to sign and submit The California Department of Transportation (Caltrans) Right-Of-Way Certification form for the Highway Safety Improvement Program (HSIP) Cycle 10 Project and all future Right-Of-Way Certification forms for federally funded projects administered by Caltrans Local Assistance.
Recommended Action:
It is recommended the City Council approve the Resolution (Attachment A) approving the Caltrans Right-Of-Way Certification form and authorizing the City Manager to execute said form and all future Right-Of-Way Certification forms for federally funded projects administered by Caltrans Local Assistance.
Discussion:
In November 2020, the City applied for and received grant funding in the amount of $589,980 from the Highway Safety Improvement Program for the Poway Road Safety Improvements Project. The project will provide safety and operational improvements at various locations along Poway Road between Oak Knoll Road to Garden Road. The project will modify four existing concrete medians to restrict dangerous left turn movements from side streets into Poway Road, upgrade signal controller cabinets, install video detection systems at five traffic signal intersections, and upgrade intersection regulatory signs. The project design is now complete. The City must now submit the Right-Of-Way Certification form as part of a construction authorization request package to Caltrans to move into the construction phase. The Right-Of-Way Certification form is provided as Exhibit A to the Resolution.
By submitting the Right-Of-Way Certification form, the City is certifying that no Right-Of-Way work is included in the project. Examples of Right-Of-Way work include but are not limited to the preparation of Right-Of-Way plans, utility relocations, appraisals, and payments for real property. Once the City obtains construction authorization, the project can be bid, and the award of construction contract will be brought to City Council. Construction is estimated to start in Spring of 2024. 2 of 8
December 5, 2023, Item #7
This resolution complies with Caltrans local assistance program requirements and allows the City to conform to federal aid project requirements. By authorizing the City Manager to approve and execute the Caltrans Right-Of-Way Certification form and future Right-Of-Way forms, the process is streamlined and prevents the potential loss of State or Federal funds due to time restrictions for executing the forms.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The City received $589,980 of grant funds from the Highway Safety Improvement Program for the Poway Road Safety Improvement Project (ST018). Caltrans has allocated $45,020 of grant funds to complete the design. To receive the remaining $544,960 of grant funds for construction, the Right-Of Way Certification form must be submitted to Caltrans.
Public Notification:
None.
Attachment:
A. Resolution
Reviewed/Approved By:
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch?fliJ
City Manager
December 5, 2023, Item #7
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING THE RIGHT-OF-WAY·
CERTIFICATION FORM AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID FORM AND FUTURE RIGHT-OF
WAY CERTIFICATION FORMS FOR FEDERALLY AND STATE
FUNDED PROJECTS ADMINISTERED BY CAL TRANS LOCAL
ASSISTANCE
WHEREAS, the City of Poway intends to apply for Federal-and State-Aid projects related to transportation, streets, and roads;
WHEREAS, to be eligible for such Federal-and State-Aid projects, the Federal Highway Administration, and the California Department of Transportation require agencies to submit Right Of-Way Certification for Local Assistance Project (Off State Highway System) to comply with federal regulations; and
WHEREAS, Exhibit "A" is a Right-Of-Way Certification Form for Local Assistance Project provided by Caltrans that meets their requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The City Council hereby approves and authorizes the City Manager to execute the Right-Of-Way Certification Form on behalf of the City of Poway.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of December, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
3 of 8 ATTACHMENT A
December 5, 2023, Item #7
EXHIBIT A
Local Assistance Procedures Manual EXHIBIT 13-A
Short Form Right of Way Certification Local Assistance Project Exhibit 13-A: Short Form Right of Way Certification Local Assistance Project (Off-State Highway System Project)
City of Poway
NAME OF THE LOCAL PUBLIC AGENCY
NOTE:
This form is intended for projects that do NOT require
R/W acquisition, relocation assistance, have NO railroad involvement, and the ONLY Utility Relocation
involvement is limited to utility cover adjustments.
For each item below, except Item 5, select the ONE
option most suitable to your project. If the chosen option directs you to use Exhibit 13-B, please stop. This Short Form is not applicable to your project.
RIGHT OF WAY CERTIFICATION No. 1
1. STATUS OF REQUIRED PROPERTY RIGHTS
HSIPSL-5428(015)
Project ID
Various locations along Poway Road between Oak Knoll and Garden Road in the City of Poway
Project Location
Provide advanced dilemma zone detection, implement leading pedestrian interval (LP!), create directional median openings, and install/upgrade intersection regulatory signs.
General Description
[X] No acquisition of right of way is required. All proposed work is within existing right of way.
D Right of way has been acquired in accordance with applicable policy and procedure covering the acquisition of real property. LPA has legal and physical possession, right to enter, and required permits.
If this box is checked, please use Exhibit 13-8.
2. STATUS OF AFFECTED OPERATING RAILROAD FACILITIES
IZ] None affected.
D The ___________ Railroad has approved the proposed work, which is within their Right of Way but does not require the adjustment of railroad facilities. The necessary clauses will be placed in the contract special provisions. If this box is checked, please use Exhibit 13-8.
D The __________ Railroad (and when needed, the Public Utilities Commission) has approved the proposed work, which is within the railroad right of way and does require the adjustment of railroad facilities. The railroad, or its contract forces, will provide the necessary labor, materials and/or equipment to adjust their facilities. The necessary clauses will be placed in the contract special provisions. If this box is checked, please use Exhibit 13-8.
3. MATERIAL SITE(S)
Ix] None required.
D Material site(s) required. If this box is checked, please use Exhibit 13-8. 4 of 8
January 2021
December 5, 2023, Item #7
Local Assistance Procedures Manual EXHIBIT 13-A
Short Form Right of Way Certification Local Assistance Project
4. DISPOSAL SITE(S)
~ None required.
D Disposal site(s) required. If this box is checked, please use Exhibit 13-8.
5. STATUS OF REQUIRED UTILITY RELOCATION (Check all that apply) ~ No relocation required, therefore Buy America requirements do not apply. Existing utilities located within project limits are shown on Project Plan.
[Z] Project is not covered by NEPA document; therefore, Buy America requirements do not apply. [Z] Utility Agreements are not required on this project; therefore, Buy America requirements do not apply.
D Utility involvement is limited to adjusting UTILITY COVERS (manhole cover, water valve cover, and box lids) to grade and said work is compliant with all terms and conditions under MAP-21 including Buy America requirements. If this box is checked, please complete page 5 of this form entitled "Utility Cover Adjustment Summary'' and provide a copy of the Specific Authorization if federally participating.
D All utility work (other than the adjustment of utility covers) has been completed. If this box is checked, please use Exhibit 13-8.
D All utility work (other than the adjustment of utility covers) will be completed by a stated date prior to award of the contract. If this box is checked, please use ~xhibit 13-8.
D All necessary arrangements have been made for the completion of all remaining utility work (other than the adjustment of utility covers) required to be coordinated with project construction.
Arrangements have been made with the owners of all utility encroachments which will remain within the right of way of the project so that adequate control of the right of way will be achieved. If this box is checked, please use Exhibit 13-8.
D Utility facilities (other than the adjustment of utility covers) will be relocated by the Project's Contractor under bid items. If this box is checked, please use Exhibit 13-8.
6. RIGHT OF WAY CLEARANCE
~ There are no improvements or obstructions located within the limits of this project.
D All right of way clearance work has been completed and there are no improvements or obstructions remaining within the right of way area required for construction. If this box is checked, please use Exhibit 13-8.
D All necessary arrangements have been made for remaining right of way clearance work to be undertaken and completed as required for proper coordination with the construction schedule. If this box is checked, please use Exhibit 13-8.
5 of 8
January 2021
December 5, 2023, Item #7
Local Assistance Procedures Manual EXHIBIT 13-A
Short Form Right of Way Certification Local Assistance Project
7. AIRSPACE AGREEMENTS
[Zl There are no airspace lease properties within the limits of this project. 0 All necessary arrangements have been made with airspace lessee(s) and/or in Contract Provisions to minimize conflicts between lessee's activities and contractor's operations. If this box is checked, please use Exhibit 13-B.
0 Airspace lease has been cancelled. If this box is checked, please use Exhibit 13-B. 0 Other (If this box is checked, please use Exhibit 13-B)
8. COMPLIANCE WITH RELOCATION ASSISTANCE PROGRAM REQUIREMENTS Ix] Compliance was not required as there were no displacements for this project.
D Occupants who have not yet moved from the right of way will be protected against unnecessary inconvenience and disproportionate injury or any action coercive in nature. If this box is checked, please use Exhibit 13-B.
D LPA has complied with all the steps relative to the relocation advisory assistance and payments as required by applicable policy and procedure, and no person has been required to relocate without at least a 90 day written notice. If residential relocation was involved, all individuals and/or families have been relocated to decent, safe and sanitary housing, or the LPA has made replacement housing available to the displacees. If this box is checked, please use Exhibit 13-B.
9. COOPERATIVE AGREEMENTS
~ None Required.
0 Agency Agreement No. (If checked, please attach a copy)
10. ENVIRONMENT AL MITIGATION
~ No environmental mitigation parcels are required for this project. 0 All environmental mitigation parcels on this project have been acquired. If this box is checked, please use Exhibit 13-B.
0 Acquisition of environmental mitigation parcels is ongoing. If this box is checked, please use Exhibit 13-B.
6 of 8
January 2021
December 5, 2023, Item #7
Local Assistance Procedures Manual
11. CERTIFICATION
EXHIBIT 13-A
Short Form Right of Way Certification Local Assistance Project I hereby certify the right of way on this project as conforming to 23 CFR 635.309(b) and (c)(1) or (c)(2) and 49 CFR Part 24. The project may be advertised with contract award being made at any time.
12. INDEMNIFICATION BY LOCAL AGENCY
This Local Public Agency agrees to indemnify, defend, and hold harmless the Department of Transportation (Caltrans) from any and all liabilities which may result in the event the right of way for this project is not clear as certified. LPA shall pay from its own non-matching funds, any costs which arise out of delays to the construction of the project because utility facilities have not been removed or relocated, or because rights of way have not been made available to LPA for the orderly performance of the project work.
LOCAL PUBLIC AGENCY
Project ID: HSIPSL-5428(015)
Authorized Resolution No.:
Dated:
By: Chris Hazeltine
Title: City Manager
CALTRANS ACCEPTANCE
The undersigned Caltrans Official has
reviewed this Right of Way Certification as to
form and content. Based on the review of
the documents submitted, the Certificate is
accepted on behalf of the local public
agency. It remains the sole responsibility of
the local public agency to ensure compliance
with the Uniform Act.
Accepted as to form and content:
By:
Title:
Date: ________________ Date:
Distribution: 1) Local agency completes this form, signs and sends it to the DLAE. 2) DLAE sends a copy to District Right of Way Local Programs Coordinator, keeps a copy for his/her files, and sends the signed original back to the local agency.
7 of 8 January 2021
December 5, 2023, Item #7
Local Assistance Procedures Manual EXHIBIT 13-A
Short Form Right of Way Certification Local Assistance Project
UTILITY COVER ADJUSTMENT SUMMARY
Items to be disclosed on this summary include: Covers of utility facilities, either publicly owned (by City/County and other public agencies, including the project sponsoring agency) or privately owned that services the general population. Utility covers of facility that directly services the street/roadway operation (such as an electric pull box, which services streetlight and traffic signals) do not require disclosure on this form. a) PHYSICAL COVER ADJUSTMENTS PERFORMED BY OWNER
Notice# Utility Owner Liability% Type of Encroachment Federal & Notice Agreement Owner/LPA Facility Permit# Participation Date Date Yes (Y)* No (N)
*Include copy of Specific Authorization
b) UTILITY COVER ADJUSTMENTS WILL BE PERFORMED BY PROJECT CONTRACTOR Notice#
Bid & Notice Utility Owner Liability% Type of Federal
Item# Date Agreement Owner/LPA Facility Participation
Date Yes (Y)* No (N)
.. *Include copy of Spec1f1c Authorization
c) FEDERAL PARTICIPATION
□Yes □No
□Yes □No
□Yes □No
8 of 8
The adjustments comply with the 23 CFR 645.119 and the R/W Utility Relocation process in Chapter 14 of the Local Assistance Procedures Manual (LAPM) These adjustments are required as the direct result of the proposed construction activities and the local agency is legally liable to pay for the adjustment Adjustments specified for Federal participation have received FHWA Specific Authorization (Exhibit 14-C, LAPM) approval? If "no", not federally participating.
January 2021
December 5, 2023, Item #8
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
December 5, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services {!AA,
Andrea Thomas, Associate Civil Engineer
(858) 668-4605 or [email protected]
CITY COUNCIL
SUBJECT: Acceptance of the FY 2022-2023 Street Overlay Project with Hazard Construction ENGR, LLC, as Complete
Summary:
On April 4, 2023, the City Council extended the FY 2021-2022 Street Overlay Project contract with Hazard Construction ENGR, LLC for the FY 2022-2023 Street Overlay Project, Bid No. 22-011, in the amount of $1,034,865.00. This action will accept the project as complete.
Recommended Action:
It is recommended the City Council:
1) Accept the FY 2022-2023 Street Overlay 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 $51,254.56 if unencumbered, 45 days after City Council acceptance;
4) Release the Nationwide Mutual Insurance Company Bond for Material and Labor in the amount of $1,034,865.00 after the release of retention; and
5) Retain the Nationwide Mutual Insurance Company Bond for Faithful Performance for a period of one (1) year.
Discussion:
The scope of work included the asphalt overlay and Americans with Disabilities Act pedestrian ramp removal and replacement on four residential streets within Street Maintenance Zone 6: Monte Vista, Gateway Drive, Casa Avenida, and Corte Rayito. Arterial asphalt patch repairs were completed on Pomerado Road between Twin Peaks and the northern boundary with the City of San Diego. This work was coordinated with the annual FY 2023-24 Street Maintenance and FY 2023-24 Citywide Striping projects.
There was one change order for this project totaling $9,773.74 which results in a net reduction of the contract amount. The change order included additional materials to extend the pavement life in excessively damaged areas, some additional cost to perform work on a Saturday to lessen impacts to 1 of2
December 5, 2023, Item #8
residents,
and
a
zero
out
change
order
to
adjust
the
contract
to
the
exact
quantities
used.
The
final
contract
amount
is
$1,025,091.26.
Environmental
Review
:
The
action
of
acceptance
of
. public
improvements
that
have
been
completed,
which
were
the
subject
of
a
prior
environmental
determination,
is
not
cons
idered
a
Project
pursuant to
Section
15378(b)(5)
of
the
CEQA
Guidelines
and
therefore
not
subject
to
the
California
Environmental
Quality
Act.
Fiscal
Impact
:
Sufficient
funds
are
available
in
the
project
account
(ST023)
for
the
release
of
retention
.
Public
Notification:
None
.
Attachments: None
.
Reviewed/
Approved
By
:
Wendyaserman Assistant
City
Manager
2 of
2 Reviewed
By
:
Alan
Fenstermacher
City
Attorney
Approved
By
:
cgJg City
Manager
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
CITY COUNCIL
December 5, 2023
Honorable Mayor and Members of the City Council
Honorable Chair and Members of the Successor Agency to the Poway Redevelopment Agency
Wendy Kaserman, Assistant City Manager W\.(
Wendy Kaserman, Assistant City Manager
(858) 668-4502, [email protected]
Approval of a Purchase and Sale Agreement Between the City of Poway and Pinnacle Reality of California, LLC (Toyota of Poway) for the sale of 13655 Poway Road, Assessor Parcel Numbers 317-190-2100 and 317-190-4500 In 201 O the City had experienced the loss of some auto dealerships due to the economic downturn.
In an effort to revitalize Poway Road and create space for expansion of existing businesses and new businesses, the Poway Redevelopment Agency (Agency) purchased what had been the Chrysler Jeep Property at the southeast corner of Poway Road/Midland Road (13655 Poway Rd/Assessor Parcel Numbers 317-190-2100 and
317-190-4500) and entered into a Disposition and Development Agreement (DDA)
with Pinnacle Realty of California, LLC (Toyota of Poway) in which the City would lease the property the Agency purchased to Pinnacle Realty of California, LLC (Pinnacle) and Pinnacle would purchase the two adjoining parcels. This allowed Pinnacle to relocate Toyota of Poway operations and expand the business while also freeing up space on the north side of Poway Road for the future Lowes Home Improvement Warehouse. Once all of the parcels were assembled, Pinnacle invested significant capital into Toyota of Poway operations at the site. A ground lease for the Agency owned property was executed between the City of Poway and Pinnacle in 2012. Under the financial terms of the lease, the City would be repaid for the costs associated with acquiring the parcels and there would be an opportunity at a later date to purchase the parcels for $1 once the financials terms of the lease had been met. Pinnacle has satisfied the financial terms of the lease and on October 11, 2023, submitted a request to purchase the property from the City (Attachment A). The attached Resolution includes approval of a purchase and sale agreement for the two parcels and authorizes the City Manager to execute the agreement and related documents.
Recommended Action:
It is recommended the City Council/Successor Agency approve the Resolution (Attachment B) approving the Purchase and Sale Agreement between the Agency and Pinnacle Reality of California, LLC for property located at 13655 Poway Road (Assessor Parcel Numbers 317-190-2100 and 317-190- 4500) and authorize the City Manager/Executive Director to execute the agreement and any 1 of24
December 5, 2023, Item #9
necessary documents.
Discussion:
In 2010 the City had experienced the loss of some auto dealerships due to the economic downturn.
In an effort to revitalize Poway R oad and create space for expansion of existing businesses and new businesses, the Poway Redevelopment Agency (Agency) purchased what had been the Chrysler Jeep Property, 2.76 acres at the southeast corner of Poway Road/Midland Road (13655 Poway Rd/Assessor Parcel Numbers 317-190-2100 and 317-190-4500), and entered into a Disposition and Development Agreement (DDA) with Pinnacle in which the City would lease the property the Agency purchased to Pinnacle and Pinnacle would purchase the two adjoining parcels. This allowed Pinnacle to relocate Toyota of Poway operations and expand the business while also freeing up space on the north side of Poway Roa d for the future Lowes Home Improvement Warehouse. Once all of the parcels were assembled, Pinnacle would invest over $13M of capital into Toyota of Poway operations at the site.
A ground lease for the property was executed between the City of Poway and Pinnacle in 2012. The Agency spent $3M to acquire the parcels. Per the terms of the DDA, Pinnacle is required to operate on the site for at least 12 years and generate a minimum of $3M in new net sales tax in order to repay the costs of the Agency acquiring the parcels. The lease includes an annual minimum rent payment, but as long as the new net sales tax amount exceeds the minim um annual rent, no annual rent payment is required per terms of the lease. At the end of the 12 year period, if Pinnacle satisfied the terms of the lease, they could request to purchase the property for $1. The 12 year period is up in January 2024. Pinnacle (Toyota of Poway) has more than exceeded the $3M in new net sales over the 12 year period and the new net sales tax number annually has exceeded what would have been the minimum annual rent. On October 1 1, 2023 the City received written notice from Toyota of Poway that they wish to exercise the option to pu rchase the parcels for $1 (Attachment A). Per the terms of the lease, Pinnacle is responsible for all closing costs . Per the letter, Pinnacle requested to close escrow on the property on or around February 1, 2024.
The attached Resolution includes City Council/Successor Agency approval of the attached Purchase and Sale Agreement and authorization for the City Manager to execute the agreement and any related documents.
Environmental Review:
This item is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
There is minimum immediate fiscal impact associated with this action, however, once the sale is completed and the two parcels are privately owned, they will be subject to annual property taxes.
Public Notification:
None.
Attachments:
A. Letter from Toyota of Poway Requesting to Purchase Property at 13655 Poway Road December 5, 2023, Item #9
2 of 24
December 5, 2023, Item #9
B. Resolution
Reviewed/Approved By:
Wendyserman
Assistant City Manager
3 of24
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
December 5, 2023, Item #9
October
11,
2023
Via
Email
and
Certified
Mail
City
of
Poway
Attn:
City
Manager
13325
Civic
Center
Dr.
Poway
CA
92064
[email protected]
Re:
Exercise
of
Option
to
Purchase
13655
Poway
Road
To
Whom
It
May
Concern
:
Pursuant
to
Section
2.6 of
the
Ground
Lease
Agreement
dated January
30,
2012,
between
The
City
of
Poway
and
Pinnacle
Realty
of
California,
LLC
(the
"Lease"),
Pinnacle
Realty
of
California,
LLC
hereby
provides
notice
of
its
exercise
of
the
Option
to
Purchase
the
property
commonly
known
as
13655
Poway
Road,
Poway
CA
92064
(the
"Property"),
from
The
City
of
Poway.
Pinnacle
Realty
of
California,
LLC
would
like
to
close
on
the
Property
on
or
about
February
1,
2024.
If
you
would
prefer
a
different
closing
date,
please
let
us
know.
Once
we
have
confirmed
your
agreement
with
this
exercise
of
option,
Pinnacle
Realty
of
California
LLC
is
prepared
to
tender
the
$1
purchase
price
plus
payment
of
all
closing
costs
to Chicago
Title
as
set
forth
in
the
Lease
. It
is
our
understanding
that
the
Total
Rent
called
for
under
the
Lease
has
been
fully
paid.
If that
is
not
correct,
please
provide
an
accounting
of
what
The
City
of
Poway
shows
outstanding
under
the
Lease
within
30 days
of
this
letter.
We
look
forward
to
completing
this
transaction
in
full
compliance
with
the
Lease.
Should
you
have
any
questions
or
need
additional
information,
please
do
not
hesitate
to
reach
out
to
me
.
4 of24
ATTACHMENT
A
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY ,
CALIFORNIA AS SUCCESSOR AGENCY TO THE POWAY
REDEVELOPMENT AGENCY APPROVING A PURCHASE AND SALE
AGREEMENT OF CERTAIN REAL PROPERTY LOCATED AT 13655
POWAY ROAD TO PINNACLE REALTY OF CALIFORNIA, LLC AND
AUTHORIZE THE CITY MANAGER/ EXECUTIVE DIRECTOR TO
EXECUTE THE AGREEMENT AND ANY NECESSARY DOCUMENTS
WHEREAS, in 2010 the City of Poway had experienced a loss of auto dealerships due to the economic downturn;
WHEREAS, one of the objectives of the former Poway Redevelopment Agency (Agency) was to improve the integrity of the Poway Road Corridor and Poway Road of Cars by facilitating the reuse or redevelopment of vacant automotive dealership properties; WHEREAS, on July 6, 2010, the Agency authorized the Agency Executive Director to conduct due diligence and if feasible, purchase the former Chrysler Jeep property located at 13655 Poway Road;
WHEREAS, subsequent to the Agency purchasing the property, on August 17, 2010 , the Agency authorized enter ing into a Disposition and Development Agreement (DDA) with Pinnacle Realty of California, LLC (Toyota of Poway) that required the Pinnacle to acquire the adjoining 13611 and 13631 Poway Road sites, complete significant renovations of the combined properties, and move Toyota of Poway to the newly acquired properties; WHEREAS, on January 30, 2012, the City entered into a ground lease and operating covenant with Pinnacle Realty of California, LLC (Toyota of Poway) wherein the City agreed to lease the property located at 13655 Poway Road to Pinnacle with several conditions related to the development of the property, as well as financial terms, that included the repayment of the $3M the Agency spent to acquire the property through minimum annual payments, net new sales tax or a combination thereof;
WHEREAS, following compliance with all terms of the lease, the operating covenant, and the DDA, at the expiration of the twelve (12) year term of the operating covenant, January 30, 2024, Pinnacle has the option to purchase the property from the Agency for $1.00 if it delivers written notice of its intent to exercise the option for the purchase of the property at least ninety (90) days before the last day of term, and the City/ Successor Agency are contractually obligated to sell the property to Pinnacle;
WHEREAS, on October 1 1, 2023 Toyota of Poway notified the City/Successor Agency in writing of its intent to exercise the option to purchase the property for $1 at the expiration of the twelve (12) year term of the operating covenant and close escrow on or about February 1, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway for the City Successor Agency to the Poway Redevelopment Agency, as follows:
December 5, 2023, Item #9
5 of 24
ATTACHMENT B
Resolution No. 23-
Section 1: The City/ Successor Agency has determined that Pinnacle Realty of California, LLC has met all development and financial terms of the DDA, ground lease, and operating covenant entered into in 2012 and 2010 respectively.
Section 2: Consistent with the terms of the ground lease and operating covenant, Pinnacle Realty of California, LLC provided the required written notification to the City/Successor Agency of its intent to exercise the option to purchase the property for $1 at the expiration of the twelve (12) year term of the operating covenant.
Section 3: The City/Successor Agency approves the Purchase and Sale Agreement (Agreement) attached as Exhibit A to this resolution and authorizes the City Manager/Executive Director to execute the Agreement and any necessary documents to execute the sale of the property and close escrow on our about February 1, 2024.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California for the City as Successor Agency to the Poway Redevelopment Agency on this 5th day of December 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
______________________________
Steve Vaus, Mayor
ATTEST:
____________________________________
Carrie Gallagher, CMC, City Clerk
6 of 24 December 5, 2023, Item #9
December 5, 2023, Item #9
EXHIBIT
A
PURCHASE
AND
SALE
AGREEMENT
Location: APNs:
13655
Poway
Road,
Poway,
California 317-190-21;
317-190-45
This
AGREEMENT
OF
PURCHASE
AND
SALE ("Agreement")
is
made
and
entered
into
as
of
this_
day
of
December,
2023
(the
"Effective
Date"),
by
and
between
THE
SUCCESSOR
AGENCY
TO
THE
POWAY
REDEVELOPMENT
AGENCY,
a
public
body,
and
the
CITY
of
POWAY,
a
municipal
corporation
(collectively,
the
"Seller"),
and
PINNACLE
REAL
TY
OF
CALIFORNIA,
LLC,
a
California
limited
liability
company
(the
"Buyer"). This
Agreement
constitutes
an
agreement
by
which
the
Seller
agrees
to
sell
to
Buyer,
and
the
Buyer
agrees
to
purchase
from
the
Seller,
pursuant
to
the
option
set
forth
in
Section
2.6 of
that
certain
January
30,
2012
ground
lease
("Ground
Lease")
between
Seller
and
Buyer
that
has
been
exercised
by
Buyer,
on
the
terms
and
conditions
hereinafter
set
forth,
that
certain
real
property
located
in
the
County
of
San
Diego,
State
of
California,
described
in
the
"Legal
Description"
attached
hereto
as
Exhibit
A
and
shown
on
the
"Property
Map"
attached
hereto
as
Exhibit
B,
together
with
all
Improvements,
as
hereinafter
defined
(collectively,
the
"Property").
The
terms
and
conditions
of
this
-Agreement
are
as
follows:
1. Property.
The
Property
to
be
acquired
by
Buyer
from
Seller
under
this
Agreement
consists
of
two
(2)
parcels
totaling
approximately
2.67 acres,
located
at
13655
Poway
Road,
Poway,
California.
Seller
currently
owns
fee
title
to
the
Property,
but
Buyer
currently
occupies
the
Property
as
a
ground
lessee
pursuant
to
the
Ground
Lease,
whereon
it developed
and
operates
a Toyota
car
dealership
and
related
facilities.
Buyer
owns
all
of
the
Improvements
on
the
Property,
pursuant
to
the
Ground
Lease.
For
the
purposes
of
this
Agreement,
the
term
"Improvements"
shall
mean
and
include
all
buildings,
structures,
improvements,
pavement,
areas
improved
with
asphalt,
concrete
or
similar
materials,
utilities
and
fixtures
and
equipment
installed
upon
or
located
in
or
on
the
Property
owned
by
Seller.
For
purposes
of
this
Agreement,
the
term
"Property"
shall
mean
and
include
the
above-referenced
parcel
of
land,
any
Improvements
owned
by
Seller,
and
all
singular
estates,
rights,
privileges,
easements
and
appurtenances
owned
by
Seller
and
belonging
or
in
any
way
appertaining
to
the
Property.
2. Acquisition. a.
Purchase
Price
.
The
purchase
price
to
be
paid
by
Buyer
to
Seller
for
the
Property
shall
be
One
Dollar
and
00/100
($1.00)
(the
"Purchase
Price").
- 1 -
7 of
24 Purchase
&
Sale
Agreement
December 5, 2023, Item #9
b. Purchase As-ls, Where Is. Buyer expressly acknowledges and agrees, and represents and warrants to Seller, that Buyer is purchasing the Property "AS IS, WHERE IS", and "WITH ALL FAULTS", after such inspection, analysis, examination and investigation Buyer cares to make and expressly without Seller's covenant, warranty or representation as to physical condition, title, leases, rents, revenues, income, expenses, operation, entitlements, zoning or other regulation, compliance with law, suitability for particular purposes or any other matter whatsoever.
Seller has no obligation to make repairs, replacements or improvements to the Property, or to pay any fees, costs or expenses related to the Property after title passes to Buyer.
Buyer acknowledges and agrees that, neither Seller nor any of Seller's agents, contractors, consultants, attorneys or representatives have made, make and specifically negate and disclaim and Buyer is not relying on any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the Property, including, but not limited to, (a) the value of the Property; (b) the income to be derived from the Property; (c) the suitability of the Property for any and all activities and uses which Buyer may conduct thereon, including the possibilities for development of the Property; (d) the habitability, marketability, merchantability, profitability or fitness for a particular purpose of the Property; (e) the manner, quality, state of repair or lack of repair of the Property; (f) the nature, quality or condition of the Property, including without limitation, soils and geology; (g) the compliance of or by the Property or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body; (h) compliance with any environmental protection, pollution or land use laws, rules, regulations, orders or requirements, including but not limited to, Title Ill of the Americans with Disabilities Act of 1990, California Health and Safety Code, the Federal Water Pollution Control Act, the Federal Resource Conservation and Recovery Act, the U.S. Environmental Protection Agency regulations at 40 CFR part 261, the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, the Resources Conservation and Recovery Act of 1976, the Clean Water Act, the Safe Drinking Water Act, the Hazardous Materials Transportation Act and the Toxic Substance Control Act, as any of the foregoing may be amended from time to time and regulations promulgated under any of the foregoing from time to time; (i) the presence or absence of hazardous materials at, on, under, or adjacent to the Property; U) the content, completeness or accuracy of the Due Diligence Materials or the Preliminary Report; (k) the conformity of the Property to past, current or future applicable zoning or building requirements; (I) deficiency of any drainage or undershoring; (m) that the Property may be located on or near earthquake faults; (n) the existence or non-existence of land use, zoning or building entitlements affecting the Property; (o) the land use status of the Property, including, but not limited to, general plan status, specific plan status, zoning status, subdivision status under the California Subdivision Map Act or the subdivision ordinances of the City or any other Entitlements; (p) the applicability of the Federal or California endangered species acts and the existence of any species protected thereunder; (q) any non-compliance of the Property or any improvements thereon with California Civil Code Sections 895, et seq.; or (r) any -2 -
8 of 24
Purchase & Sale Agreement
December 5, 2023, Item #9
other matter. Buyer further acknowledges and agrees that, having been given the opportunity to inspect the Property and having obtained and examined such information and documentation affecting the Property as Buyer has deemed necessary or appropriate, Buyer is relying solely on its own investigations and review, and not on any information provided or to be provided by Seller. As of the date of this Agreement, Buyer acknowledges that as the party already in possession of the Property and the party that has constructed and maintained all Improvements thereon, (i) Buyer has conducted such surveys and inspections and (ii) Buyer has had adequate opportunity to make such inspection of the Property as Buyer has, in Buyer's discretion, deemed necessary or advisable as a condition precedent to Buyer's purchase of the Property and to determine the characteristics listed in this Paragraph and all other aspects of the Property. c. No Obligation to Repair. Any reports, repairs or work required by Buyer are the sole responsibility of Buyer, and Buyer agrees that there is no obligation on the part of Seller to make any changes, alterations or repairs to the Property or to cure any violations of law or to comply with the requirements of any insurer. d. Buyer's Release of Seller. Buyer, from and after the Close of Escrow, hereby waives, releases, remises, acquits and forever discharges Seller, its elected officials, directors, officers, employees, agents, successors, personal representatives and assigns, and its contractors, subcontractors,. engineers and consultants performing any work on or with respect to the Property (collectively, the "Seller Parties"), of and from any and all claims, actions, suits, legal or administrative orders or proceedings, demands, damages, loss, costs, liabilities, obligations and expenses, arising from or which concern or in any way relate to (i) the physical or environmental conditions of the Property, (ii) any other aspect of the Property, any design or construction defects relating to any work performed or to be performed by the Seller Parties on or about the Property, including, without limitation, any grading, construction of improvements or other activities upon the Property or any defects in the design or construction thereof, (iii) the soils condition on the Property or any subsidence, (iv) the valuation, ability to develop, salability or utility of the Property, or its suitability for any purpose whatsoever, or (v) ·any other conditions, actions, damage, casualty or injuries on or about the Property, whether existing or occurring prior to, at or after the Close of Escrow, including, without limitation, the matters described in Section 2(b) above. It is the intention of the parties, pursuant to this release, that any and all responsibilities and obligations of Seller, and any and all rights, claims, rights of action, causes of action, demands or legal rights of any kind of Buyer, its successors, assigns or any affiliated entity of Buyer, in any way arising out of or relating to the Property, whether existing or occurring prior to, at or after the Close of Escrow, are by this release provision waived and declared null and void and of no present or future force and effect as to the parties.
e. The foregoing release includes claims of which Buyer is presently unaware or which Buyer does not presently suspect to exist which, if known by Buyer, would materially affect Buyer's release to Seller. Buyer hereby acknowledges that it has - 3 -
9 of 24
Purchase & Sale Agreement
December 5, 2023, Item #9
read and is familiar with the provisions of California Civil Code § 1542 ("Section 1542"), which are set forth below:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Buyer hereby waives the provisions of Section 1542, and of any statute, principle of common law or case law which would limit the scope of the foregoing waiver and release, in connection with matters which are the subject of the foregoing waiver and release.
Buyer's Initials
f. No Merger. The provisions of this Paragraph 2 shall survive the transfer of title and shall not be deemed merged into any instrument or conveyance effectuating such transfer.
3. Payment of Purchase Price. Buyer shall deposit the Purchase Price with the Title Company, as defined herein, within ten (10) days of the Effective Date.
4. Transfer of Title. The "Close of Escrow" or "Closing" means the date on which the Grant Deed conveying title to the Property to Buyer is recorded. The Close of Escrow shall occur on or before February 1, 2024 (the "Closing Date"). On or prior to the Closing Date, (i) Seller shall deliver to Chicago Title Company ("Title Company"), for recording, the Grant Deed in the form attached hereto as Exhibit C ("Grant Deed"), duly executed by Seller, acknowledged and in recordable form, and (ii) Buyer will deliver the Purchase Price to Seller in accordance with Section 3 above. Upon Seller's receipt of the Purchase Price with Seller, Seller will authorize Chicago Title Company to record the Grant Deed.
5. Closing Costs. Buyer shall pay all closing costs and charges, as required by the Ground Lease, including not limited to (i) all of the city, county and/or other documentary transfer stamps, taxes and/or fees; (ii) all of Title Company's charges for the Owner's Policy which would be incurred for a standard CL TA form owner's policy; (iii) any charges for extended title coverage and any title endorsements requested by Buyer; and (iv) the cost of recording the Grant Deed.
6. Conditions to Transfer of Title.
a. Conditions to Buyer's Obligations. Buyer's obligation to consummate the transaction contemplated by this Agreement and to deposit the Purchase Price with Seller is subject to the satisfaction of the following conditions for Buyer's benefit:
- 4 -
10 of 24
Purchase & Sale Agreement
December 5, 2023, Item #9
(1) Review and Approval of Documents and Materials. Buyer hereby acknowledges that Buyer has had an opportunity to review, at Buyer's sole cost and expense, and hereby approves of, all environmental reports, groundwater and soils inspection, conditions of title, zoning, surveys, all physical inspections of the Property, and all other reports or inspections Buyer has deemed necessary or appropriate in connection with this Agreement.
(2) Buyer's Title Policy. At the election of Buyer, Title Company will be prepared to issue a standard coverage CL TA policy of owner's title insurance in the amount of the Purchase Price (the "Owner's Policy"). (3) Inspections and Studies. Buyer hereby acknowledges and agrees that Buyer has approved the results of any and all inspections, investigations, tests and studies (including, without limitation, investigations with regard to the environmental condition of the Property, zoning, building codes and other governmental regulations, architectural inspections, engineering tests, economic feasibility studies and soils, seismic and geologic reports) with respect to the Property (including all structural and mechanical systems and leased areas) elected or obtained by Buyer.
b. Conditions Precedent to Seller's Obligations. Seller's obligation to consummate the transaction contemplated by this Agreement is subject to the satisfaction of the following conditions for Seller's benefit:
(1) Buyer's Obligations. Buyer shall have timely performed all of the obligations required by the terms of this Agreement to be performed by Buyer.
(2) Buyer's Representations and Warranties. All
representations and warranties made by Buyer in this Agreement shall be true and correct as of the transfer of title.
7. Buyer's Representations and Warranties. In consideration of Seller entering into this Agreement, and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties, each of which is material and is being relied upon by Seller (the continued truth and accuracy of which shall constitute a condition precedent to Seller's obligations hereunder):
a. Buyer has the full right, power and authority to enter into this Agreement and the instruments referenced herein; and to consummate the transactions contemplated hereby.
- 5 -
Purchase & Sale Agreement
11 of 24
December 5, 2023, Item #9
b. The persons executing this Agreement, the instruments referenced herein, and any other documents executed and delivered on behalf of Buyer have the full right, power and authority to do so and have been duly authorized to do so by Buyer, and no other persons are required to execute this Agreement on behalf of Buyer. c. This Agreement has been, and all documents executed by Buyer under this Agreement which are to be delivered to Seller will be, duly authorized, executed, and delivered by Buyer, and as to all documents to be executed by Buyer, will be, legal, valid, and binding obligations of Buyer, and do not and will not violate any provisions of any agreement or judicial order to which Buyer is a party or to which it is subject.
d. Buyer is currently in possession of the Property. As such, Buyer has been given a sufficient opportunity to inspect the Property, and has obtained and examined such information and documentation affecting the Property as Buyer has deemed necessary or appropriate. Buyer is relying solely on its own investigations and review, and not on any information provided or to be provided by Seller, to enter this Agreement and purchase the Property.
8. Damage or Condemnation Prior to Transfer.
a. Material Damage or Destruction. In the event of material damage to or destruction of the Property prior to the transfer of title, Buyer shall accept the Property in its damaged condition, and Seller shall assign all of Seller's insurance proceeds to Buyer, if any.
b. Eminent Domain. In the event that prior to the transfer of title, all or any material portion of the Property is subject to a taking or a threatened taking by a public authority, Buyer shall have the right, but not the obligation, exercisable by giving notice to Seller within fifteen (15) days after receiving knowledge of such taking, either (i) to terminate this Agreement, in which case no party shall have any further rights or obligations hereunder, or (ii) to accept the Property in its then condition and to proceed with the transfer of title without an abatement or reduction in the Purchase Price, in which case Buyer shall be entitled to receive an assignment of all of Seller's rights to any condemnation award payable by reason of such taking. If Buyer elects to proceed under clause (ii) above, Seller shall not compromise, settle or adjust any claims to such award without Buyer's prior written consent.
c. Non-Material Taking or Damage. In the event that prior to the transfer of title, any non-material portion of the Property is damaged, destroyed or subject to a taking or a threatened taking by a public authority, Buyer shall accept the Property in its then condition and proceed with the transfer of title without any abatement or reduction in the Purchase Price, in which case Buyer shall be entitled to receive an assignment of all of Seller's rights to (i) any applicable insurance proceeds; and/ or (ii) any condemnation award payable by reason of such taking. In the event of any such - 6 -
12 of 24
Purchase & Sale Agreement
December 5, 2023, Item #9
non-material damage, destruction or taking, Seller shall not compromise, settle or adjust any claims to such award without Buyer's prior written consent.
9. Legal Fees. In the event of any action between Buyer and Seller seeking enforcement of any of the terms and conditions to this Agreement, or otherwise in connection with the Property, the prevailing party in such action, whether by fixed judgment or settlement, shall be entitled to recover its reasonable attorneys' fees, court costs and expert witness fees.
10. Assignment. Buyer shall not be entitled to assign this Agreement without the prior written consent of the City Manager, which can be granted or withheld in Seller's sole discretion.
11. Seller Default. Seller's maximum liability in connection with a breach of this Agreement or any representation or warranty by Seller shall not exceed One Dollar ($1.00) in the aggregate for all such claims, which amount includes the costs of collection and enforcement. Buyer hereby waives any right to bring an action or claim under this Agreement or any document delivered in connection with the Closing for punitive, special, exemplary, indirect or consequential damages arising out of any default by Seller.
12. Miscellaneous.
a. Survival of Covenants. The covenants, representations and warranties of both Buyer and Seller set forth in this Agreement shall survive the recordation of the Grant Deed, unless provided otherwise. b. Required Actions. The parties each agree to execute such instruments and documents and to diligently undertake such actions as may be reasonably required in order to consummate the purchase and sale herein contemplated, and shall use their best efforts to transfer title to the Property in accordance with the provisions hereof.
c. Time of Essence. Time is of the essence of each and every term, condition, obligation, and provision hereof.
d. Counterparts. This Agreement 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.
e. Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. -7 -
13 of 24
Purchase & Sale Agreement
December 5, 2023, Item #9
f. No Real Estate Commissions; No Brokerage Fees; Indemnity.
Buyer and Seller each represent and warrant to the other parties that neither has dealt with or engaged a broker in connection with this transaction, and agrees to indemnify and save harmless the other party from and against all claims, costs, liabilities and expense (including court costs and reasonable attorneys' fees) incurred by any other party as a result of a breach of this representation.
g. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties hereto, to any person or entity other than the parties hereto.
h. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference. i. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.
j. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to the principles governing conflicts of laws.
k. Fees and Other Expenses. Except as otherwise provided herein, each of the parties shall pay its own fees and expenses in connection with this Agreement.
I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. m. Severability. In the event that any provision of this Agreement or the application thereof becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as to reasonably effect the intent of the parties hereto. The parties further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision. n. Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day, and including the last day, unless the last day is a holiday or Saturday or Sunday, in which case the time shall be extended to the next business day.
o. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or - 8 -
Purchase & Sale Agreement
14 of 24
December 5, 2023, Item #9
against any party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
p. Conflicts of Interest. No member, official or employee of the parties shall have any personal interest, direct or indirect, in this Agreement nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is, directly or indirectly, interested. q. Gender and Number. As used in this Agreement, masculine, feminine or neutral gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates.
13. Entire Agreement, Waivers and Amendments.
a. This Agreement shall be executed in two (2) duplicate original counterparts, each of which is deemed to be an original. This Agreement and its attached Exhibits shall constitute the entire understanding and agreement of the parties. b. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all (or any part of or any interest in) the Property. This Agreement and all documents incorporated herein contain the entire understanding among the parties hereto relating to the transactions contemplated herein and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written.
c. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the parties, and all amendments hereto must be in writing and signed by the appropriate authorities of the parties to be bound thereby.
d. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument. The signature page of this Agreement may be detached from and added to any counterpart of this Agreement identical in form.
e. The Executive Director, or designee, on behalf of Buyer, and the City Manager, or designee, on behalf of Seller, are each authorized to make such non substantive changes to this Agreement or the documents and instruments attached to this Agreement as may be necessary or appropriate to effectuate this Agreement. - 9 -
15 of 24
Purchase & Sale Agreement
December 5, 2023, Item #9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
"SELLER"
CITY OF POWAY,
a municipal corporation
By: ________ _
Chris Hazeltine, City Manager
SUCCESSOR AGENCY TO THE
POWAY REDEVELOPMENT AGENCY,
a public body
By:----------
Chris Hazeltine, Executive Director
ATTEST:
By:----------
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
By:----------
Alan Fenstermacher
16 of 24
"BUYER"
PINNACLE REAL TY OF CALIFORNIA,
LLC, a California limited liability company
By:----------
Name: ----------
Its:
10 Purchase & Sale Agreement
December 5, 2023, Item #9
EXHIBIT A
LEGAL DESCRIPTION
The land is situated in the State of California, County of San Diego, City of Poway, and is described as follows.
Parcel A:
Parcel 2, in the City of Poway, County of San Diego, State of California, as shown at
County, June 6, 1988
Parcel B:
An easement for ingress and egress, over, along, and across that portion of Parcel 1 in the City of Poway, County of San Diego, State of California, as shown at Page 15255 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, June 6, 1988, delineated as " mutual ingress and egress easement reserved hereon" on said Parcel Map 15255
Assessor's Parcel Numbers 317-190-21 & 317-190-45
17 of 24
-11-
Purchase & Sale Agreement
EXHIBIT A
LEGAL DESCRIPTION
December 5, 2023, Item #9
18 of
24 EXHIBIT
B
PROPERTY
MAP
-12-
Purchase
&
Sale
Agreement
EXHIBIT
B
PROPERTY
MAP
December 5, 2023, Item #9
19 of
24 EXHIBITC
GRANT
DEED
[BEHIND
THIS
PAGE]
-13-
Purchase
&
Sale
Agreement
EXHIBITC
GRANT
DEED
December 5, 2023, Item #9
RECORDING REQUESTED BY,
AND WHEN RECORDED, MAIL TO:
[INSERT]
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APNs: 317-90-21; 317-90-45
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the SUCCESSOR AGENCY TO THE POWAY REDEVELOPMENT AGENCY, a public body, and CITY OF POWAY, a municipal corporation, herein collectively called the "Grantor" hereby grants to PINNACLE REAL TY OF CALIFORNIA, LLC, a California limited liability company, herein called the "Grantee", all of its interests in the real property described in the Legal Description attached hereto as Exhibit A, incorporated herein by this reference (the "Property"), in accordance with and subject to the covenants, conditions and restrictions set forth in this Grant Deed (this "Grant Deed").
Whenever the term "Grantee" is used in this Grant Deed, such term shall include any and all successors and assigns of the Grantee in and to the Property, or any interest therein or any portion thereof. Grantee, on behalf of itself and its successors and assigns to all or any portion of the Property, covenants and agrees as follows:
Section 1. Nondiscrimination Covenants. That there shall be no discrimination against or segregation of any person, or group of persons on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any part thereof, nor shall Grantee, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property, or any part thereof. The foregoing covenants shall run with the land.
Section 2. Nondiscrimination Clauses in Agreements. Grantee agrees for itself and any successor in interest that Grantee shall refrain from restricting the rental, sale, or lease of any portion of the Property, or contracts relating to the Property, on the basis of race, color, creed, religion, sex, marital status, ancestry, or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
i. In deeds: "The Grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, 20 of 24
-1-
Grant Deed
Certificate of Acceptance
December 5, 2023, Item #9
subdivision
(m)
and
paragraph
(1)
of
subdivision
(p)
of
Section
12955,
and
Section
12955
.2
of
the
Government
Code,
in
the
sale,
lease,
sublease
, transfer,
use,
occupancy,
tenure,
or
enjoyment
of
the
premises
herein
conveyed,
nor
shall
the
Grantee
or
any
person
claiming
under
or
through
him
or
her,
establish
or
permit
any
practice
or
practices
of
discrimination
or
segregation
with
reference
to
the
selection,
location,
number,
use
or
occupancy
of
tenants,
lessees,
subtenants,
sublessees,
or
vendees
in
the
premises
herein
conveyed.
The
foregoing
covenants
shall
run
with
the
land."
ii.
In
leases:
"The
lessee
herein
covenants
by
and
for
himself
or
herself,
his
or
her
heirs,
executors,
administrators
, and
assigns,
and
all
persons
claiming
under
or
through
him
or
her,
and
this
lease
is
made
and
accepted
upon
and
subject
to
the
following
conditions:
That
there
shall
be
no
discrimination
against
or
segregation
of
any
person
or
group
of
persons,
on
account
of
any
basis
listed
in
subdivision
(a)
or
(d)
of
Section
12955
of
the
Government
Code,
as
those
bases
are
defined
in
Sections
12926,
12926.1,
subdivision
(m)
and
paragraph
(1)
of
subdivision
(p)
of
Section
12955,
and
Section
12955.2
of
the
Government
Code
, in
the
leasing,
subleasing,
transferring,
use,
occupancy,
tenure,
or
enjoyment
of
the
premises
herein leased
nor
shall
the
lessee
himself
or
herself,
or
any
person
claiming
under
or
through
him
or
her,
establish
or
permit
any
such
practice
or
practices
of
discrimination
or
segregation
with
reference
to
the
selection,
location,
number
, use,
or
occupancy,
of
tenants,
lessees,
sublessees,
subtenants,
or
vendees
in
the
premises
herein
leased."
iii.
In
contracts
relating
to
the
sale,
transfer,
or
leasing
of
the
land
or
any
interest
therein
: "There
shall
be
no
discrimination
against or
segregation
of,
any
person
or
group
of
persons
on
account
of
any
basis
listed
in
subdivision
(a)
or
(d)
of
Section
12955
of
the
Government
Code,
as
those
bases
are
defined
in
Sections
12926,
12926.1,
subdivision
(m)
and
paragraph
(1)
of
subdivision
(p)
of
Section
12955,
and
Section
12955.2
of
the
Government
Code,
in
the
sale,
lease,
sublease,
transfer,
use,
occupancy
,
tenure,
or
enjoyment
of
the
premises
which
are
the
subject
of
this
agreement,
nor
shall
the
grantee
or
any
person
claiming
under
or
through
him
or
her,
establ
ish
or
permit
any
practice
or
practices
of
discrimination
or
segregation
with
reference
to
the
selection,
location,
number,
use
or
occupancy
of
tenants,
lessees,
subtenants,
sublessees
, or
vendees
in
the
premises
herein
conveyed.
The
foregoing
covenants
shall
run
with
the
land."
The
foregoing
nondiscrimination
covenants
shall
remain
in
effect
in
perpetuity.
IN
WITNESS
WHEREOF,
the
Grantor
and
the
Grantee
have
caused
this
instrument
to
be
executed
on
their
behalf
by
their
respective
officers
hereunto
duly
authorized
this
___
day
of
_______
, 2023.
"GRANTOR" CITY
OF
POWAY,
a
municipal
corporation
"GRANTEE"
PINNACLE
REAL
TY
OF
CALIFORNIA,
LLC,
a_
limited
liability
company
By
:---------
By
:------------
Chris
Hazeltine
, City
Manager
21 of
24 -2-
Grant
Deed
Certificate
of
Acceptance
December 5, 2023, Item #9
SUCCESSOR AGENCY TO THE
POWAY REDEVELOPMENT AGENCY,
a public body
By:----------
Chris Hazeltine, Executive Director
ATTEST:
By:----------
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
By:----------
Alan Fenstermacher
Name: ---------
Its:
-3-
22 of 24
Grant Deed
Certificate of Acceptance
December 5, 2023, Item #9
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _________ _
)
)
On _________ , before me, _____________ , a Notary
Public, personally appeared ______________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________ _
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _________ _
)
)
On _________ , before me, _____________ , a Notary
Public, personally appeared ______________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________ _
Grant Deed
23 of 24
December 5, 2023, Item #9
EXHIBIT A
LEGAL DESCRIPTION
The land is situated in the State of California, County of San Diego, City of Poway, and is described as follows.
Parcel A:
Parcel 2, in the City of Poway, County of San Diego, State of California, as shown at
County, June 6, 1988
Parcel B:
An easement for ingress and egress, over, along, and across that portion of Parcel 1 in the City of Poway, County of San Diego, State of California, as shown at Page 15255 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, June 6, 1988, delineated as " mutual ingress and egress easement reserved hereon" on said Parcel Map 15255
Assessor's Parcel Numbers 317-190-21 & 317-190-45
Grant Deed
24 of 24
December 5, 2023, Item #10
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
CITY COUNCIL
December 5, 2023
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works ~ fl/Jr-E, ii.
Will Wiley, Assistant Director of Public Works for Maintenance Operations/11(" ... (858) 668-4705 or [email protected] . 'T
Resolution Authorizing the Submittal of Grant Applications to the Department of Resources Recycling and Recovery (Cal Recycle) for All Grant Programs for which the City of Poway is Eligible and Authorizing the City Manager to Execute Documents Related to the Administration of Cal Recycle Grants Pursuant to California Public Resources Code sections 48000 et seq. the Department of Resources Recycling and Recovery (CalRecycle) is authorized to administer various grant programs (grants) in furtherance of the State of Californina's (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting health and safety and the environment.
CalRecycle administers grant programs meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Senate Bill 1383 (SB 1383) Chapter 395, Statutes of 2016, and Budget Act of 2021. These grant programs provide funding to local jurisdictions to assist with the implementation of regulation requirements including capacity planning, collection, edible food recovery, education and outreach, enforcement and inspection, program evaluation, record keeping and procurement requirements. If approved; the attached resolution authorizes the submittal of grant applications. CalRecycle now requires a resolution with verbiage authorizing the submittal of grant applications, and identification of signature authority by listing job title of person(s) authorized to sign all grant related documents necessary to implement and close-out grants. Additionally, a period during which the authorizations are valid must be identified in the resolution. The maximum duration for this time period is five (5) years.
Recommended Action:
It is recommended City Council adopt the attached Resolution to:
1) Authorize the submittal of grant applications to Cal Recycle for all grant programs for which the City is eligible; and
2) Authorize the City Manager to execute all Cal Recycle grant documents necessary to secure grant funds and implement approved grant projects.
1 of 4
December 5, 2023, Item #10
Discussion:
The City applies for individual Cal Recycle grants, based on eligibility requirements. These grants assist the City in reaching and maintaining the State's Recycle and Recovery goals. Grant expenditures support efforts to implement waste reduction, build on the City's existing recycling programs, focus on diversion of household hazardous waste from landfills, offer community education and outreach programs, establish environmental programs, provide used oil recycle programs, establish recovery and collection of edible food programs, inspection, educate and enforce the City's Tier I and II Food Generators requirements for organic waste regulation compliance, and assist other reduction, reuse and recycling programs in effort to meet the State's requirements.
Environmental Review:
This action is not subject to review under the California Environmental Act (CEQA).
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. Resolution
Reviewed/Approved By:
Assistant City Manager
2 of4
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
(HQ
City Manager
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF
GRANT APPLICATIONS FOR ALL GRANT PROGRAMS FOR
WHICH THE CITY OF POWAY IS ELIGIBLE TO THE
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY
(CALRECYCLE) AND AUTHORIZING THE CITY MANAGER TO
EXECUTE DOCUMENTS RELATED TO THE ADMINISTRATION
OF CALRECYCLE GRANTS
WHEREAS, Public Resources Code sections 48000 et seq. authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment;
WHEREAS, In furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The City of Poway, is authorized to submit grant applications to CalRecycle for all grant programs for which the City of Poway is eligible.
SECTION 2: The City Manager or his/her designee, is authorized to execute, in the name of the City of Poway, all grant related documents, including but not limited to applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project.
SECTION 3: The authorization is effective for five (5) years from the date of adoption by the Signature Authority or this governing body.
//
//
//
//
//
//
//
3 of 4
ATTACHMENT A
December 5, 2023, Item 10
December 5, 2023, Item #10
Resolution No. 23-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of December, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4of4
December 5, 2023, Item #11
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN:DA REPORT City of Poway
December 5, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services M
Tracy Beach, P.E., City Engineer Th
(858) 668-4652 or [email protected]
CITY COUNCIL
Approval of Consultant Agreements with Linscott, Law & Greenspan, Engineers and Kimley-Horn & Associates, Inc., for As-Needed Traffic Engineering Services, RFP No. 24-006
The City's current consultant agreements for traffic engineering services expired on December 4, 2023, and new agreements are needed. After a competitive process to obtain as-needed traffic engineering services, City staff selected Linscott, Law & Greenspan, Engineers (LLG) and Kimley-Horn & Associates, Inc. (Kimley-Horn) as representing the best value to the City. Each agreement will be effective from December 6, 2023 through December 5, 2026 and each contains a provision to mutually extend the agreement with two extensions of one year each.
Recommended Action:
It is recommended the City Council approve the consultant agreements for as-needed traffic engineering services, RFP No. 24-006 to Linscott, Law & Greenspan, Engineers (Attachment A) and Kimley-Horn (Attachment B); and authorize the City Manager to execute the agreements and to exercise one or more options to extend either agreement for up to two additional one-year terms.
Discussion:
The Development Services Department uses a traffic engineering consultant for traffic engineering services. The consultant supports Development Services and Public Works staff with planning, organizing, supervising, and performing a variety of field and office professional traffic engineering duties, supervising, or performing technical studies and performing other related duties as needed.
The consultant also provides 24-hour, seven-day-a-week support in the event of a traffic-related emergency or need outside of normal business hours.
The current consultant agreements with Kimley-Horn and STC Traffic, Inc. terminated on December 4, 2023, with no extensions remaining. In September 2023, staff solicited proposals for as-needed traffic engineering services. Six proposals were received. Proposals were evaluated on the demonstrated understanding of the scope of services, qualifications and certifications of the firm and 1 of 38
December 5, 2023, Item #11
assigned staff, experience providing similar services, fee structure and references. After proposal review, City staff selected LLG and Kimley-Horn based on their qualifications, experience, and competitive hourly rates. LLG and Kimley-Horn provide similar traffic engineering services and have similar experience with providing these services to government agencies throughout San Diego County. Staff will continue to use Kimley-Horn for day-to-day traffic engineering needs due to their familiarity with Poway. When specific projects or studies are needed, staff will determine which firm to use on a case-by-case basis taking into consideration the scope of work, availability, area of expertise and cost of services.
Environmental Review:
This action to approve the consultant agreements is not a "Project" as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to the CEQA State Guidelines Section 15060 (c)(3), no environmental review is r~quired.
Fiscal Impact:
Funds for the as-needed traffic engineering services are included in the Fiscal Year (FY) 2023-24 budget in Development Services (307040-17150) in the amount of $180,800 and in Public Works (430050- 17150) in the amount of $16,000.
Public Notification:
None.
Attachments:
A. Standard Agreement for Consultant Services with Linscott, Law & Greenspan, Engineers B. Standard Agreement for Consultant Services with Kimley-Horn & Associates, Inc.
Reviewed/Approved By:
Wendy@aserman
Assistant City Manager
2 of 38
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chq~
City Manager
December 5, 2023, Item #11
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
6 th
day
of
December,
2023,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
LINSCOTT
, LAW
&
GREENSPAN,
ENGINEERS
(hereinafter
referred
to
as
"Consultant"). RECITALS
WHEREAS,
City
desires
to
obtain
the
services
of
a
private
consultant
to
perform
as
needed
traffic
engineering
services
including
planning,
organizing,
and
performing
a
variety
of
field
and
office
professional
traffic
engineering
duties,
supervising
and
performing
technical
studies,
and
performing
related
traffic
engineering
duties
as
required;
WHEREAS,
Consultant
is
a
traffic
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
CONSULTANT
ON
THE
FOLLOWING
TERMS
AND
CONDITIONS:
1. Scope
of
Services.
Consultant
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof
.
2. Compensation
and
Reimbursement.
City
shall
compensate
and
reimburse
Consultant
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
3. Term
of
Agreement.
The
term
of
this
Agreement
shall
be
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.
Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Consultant.
During
said
60-
day
period
Consultant
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.
This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of
this
Agreement,
misrepresentation
by
Consultant
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services,
or
the
failure
to
perform
services
as
directed
by
City
.
Termination
for
cause
shall
be
effected
by
delivery
of
written
notice
of
termination
to
Consultant.
Such
termination
shall
be
effective
upon
delivery
of
said
notice.
1 3
of
38 ATTACHMENT
A
December 5, 2023, Item #11
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.
2 4
of38
December 5, 2023, Item #11
"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:
D 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.
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 ~ssigned 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 38 3
December 5, 2023, Item #11
(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.
4 6 of 38
December 5, 2023, Item #11
(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. 5 7 of 38
December 5, 2023, Item #11
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
(Cal
PERS)
and
shall
not
become
members
of
Cal
PERS
while
providing
services
to
City.
6 8
of
38 December 5, 2023, Item #11
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522~56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
7 9 of 38
December 5, 2023, Item #11
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:-----------
Chris Hazeltine, City Manager
Date: ------------
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By:------------
Alan Fenstermacher, City Attorney
10 of 38 8
LINSCOTT, LAW & GREENSPAN,
ENGINEERS
By: ___________ _
K.C. Yellapu, Principal
Date: ___________ _
December 5, 2023, Item #11
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed, on-call, traffic engineering services which shall include, but not be limited to, the following:
Operation:
Develop traffic signal timing plans and manage signal coordination timing plans. • Manage the City's signal system program.
• Provide technical support for signal and lighting maintenance. • Evaluate intersection capacity and Level of Service for operation improvements. • Manage and Coordinate with SANDAG on the 1-15 ICM program.
Coordinate with SANDAG on the Regional Arterial Management System (RAMS) program.
Manage the City's traffic volume data.
Manage the City's Crossroad Collision program.
• Manage the City Engineering and Traffic Survey.
• Coordinate with the Sheriffs Department on traffic issues, including speed requirements.
Coordinate with the School District on school zone traffic management. • Investigate and respond to public requests related to signal operation and timing.
Investigate and respond to public requests for neighborhood traffic calming measures.
Investigate and respond to public requests for traffic control devices.
Investigate and provide recommendations regarding sight distance.
Provide technical support to the City's attorneys in litigation cases involving traffic safety issues.
Assist in preparation of reports for and attend Traffic Safety Committee meetings.
Attend regular meetings with City Engineer and staff and be available on-site at City Hall on an as-needed basis.
Prepare work orders for signing, striping, and traffic signal changes including diagrams to clarify the work that must be performed.
Planning:
Review and provide recommendations related to the Transportation Master Element. • Review private development traffic impact analysis.
Collect and analyze data needed for grant applications. Prepare State and/or Federal grant applications as they relate to highway safety improvements.
Design:
11 of 38
Provide technical support, prepare plan sheets, and stamp design plans as Engineer of Record for traffic signal or signing and striping modifications.
Review and approve temporary traffic control plans.
Provide plan review of private development roadway designs.
Provide plan review of Capital Improvement roadway designs.
Provide plan review of signal, signing, and striping improvement plans.
Provide plan review of street lighting improvement plans. 1 December 5, 2023, Item #11
Staffing:
Consultant must clearly identify a traffic engineer and other key personnel that will be assigned to provide services to the City, including back-up personnel. The removal or replacement of staff members assigned to the City will not occur without 30-day prior written notice to City and written concurrence by the City.
Required Licenses and Certificates:
Staff member(s) assigned to provide traffic engineering services to the City of Poway must possess valid certification as professional engineer (civil and traffic) issued by the State of California Board of Registration for Civil and Professional Engineers.
On-Call Services:
Consultant must provide 24-hour/7 day per week support in the event of a traffic related emergency or should a need arise outside of normal business hours.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Schedule submitted with the proposals dated October 5, 2023, which are included in this document as Attachment 1.
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 be effective from the period commencing December 6, 2023, and ending December 5, 2026, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
2 12 of 38
December 5, 2023, Item #11
(a)
Comprehensive
General
Liability.
including
premises-operations,
products/completed,
broad
form
property
damage,
and
blanket
contractual
liability
with
the
following
coverages:
General
Liability
$1,000,000
Bodily
Injury
and
Property
Damage
combined
each
occurrence
and
$2,000,000
aggregate.
(b)
Automobile
Liability,
including
owned,
hired,
and
non-owned
vehicles
: $1,000,000
combined
single
limit.
(c)
Consultant
shall
obtain
and
maintain,
during
the
life
of
the
Agreement,
a
policy
of
Professional
Errors
and
Omissions
Liability
Insurance
with
policy
limits
of
not
less
than
$1,000,000
combined
single
limits,
per
claim
and
annual
aggregate
.
(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
:
13 of
38 3
City
of
Poway
-
Development
Services
13325
Civic
Center
Drive
Poway,
CA
92064
December 5, 2023, Item #11
To
Consultant:
14 of
38 4
Linscott
Law
&
Greenspan
Engineers
4542
Ruffner
Street
Suite
100
San
Diego,
CA
92111
December 5, 2023, Item #11
Attachment 1
FEE SCHEDULE
'JTIIE
Principals
Principal Engineer .................................................................................... $ Associate Principal Engineer ................................................................... $ Planning/Design Manager ........................................................................ $ Transportation Engineers
Senior Transportation Engineer ............................................................... $ Transportation Engineer III ...................................................................... $ Transportation Engineer II ....................................................................... $ Transp0liation Engineer I ........................................................................ $ Transportation Planners
Senior Transportation Planner ................................................................. $ Transp0 liation Planner III ........................................................................ $ Transportation Planner II ......................................................................... $ Transportation Planner I .......................................................................... $ Signal System Specialist
Senior Signal System Specialist. .............................................................. $ Signal System Specialist ill ..................................................................... $ Signal System Specialist II ...................................................................... $ Signal System Specialist I.. ...................................................................... $ Technical Support
Engineering Associate II .......................................................................... $ Engineering Associate I ........................................................................... $ Engineering Computer Analyst II ............................................................ $ Engineering Computer Analyst I ............................................................. $ Senior CADD Drafter .............................................................................. $ CADD Drafter III ..................................................................................... $ CADD Drafter II ...................................................................................... $ CADD Drafter I ....................................................................................... $ Senior Engineering Technician ................................................................ $ Engineering Technician II ........................................................................ $ Engineering Technician I ......................................................................... $ Word Processor/Secretary ........................................................................ $ Engineering Aide I ................................................................................... $ 15 of 38
PERHOUR
225.00
195.00
242.00
163.00
144.00
122.00
105.00
144.00
122.00
105.00
93.00 205.00
175.00
149.00
133.00
104.00
100.00
99.00 78.00
100.00
93.00 82.00
71.00 100.00
93.00 71.00
66.00 50.00
LINSCOTT
IAW &
GREENSPAN
engineers
Engineers & Planners
Traffic
Transportation
Parking
Linscott. Law &
Greenspan, Engineers
4542 Ruffner Street
Suite 100
San Diego, CA 92111
858.300.8800 T
www.llgengineers.com
Pasadena
Irvine
San Diego
December 5, 2023, Item #11
Labor Category
Labor Category 1
Labor Category 2
Labor Category 3
Labor Category 4
Labor Category 5
Labor Category 6
Labor Category 7
Labor Category 8
Labor Category 9
Labor Category io
Labor Category 11
Labor Category 12
Labor Category 13
Labor Category 14
Labor Category 15
Labor Category 16
Labor Category 17
Alta Planning + Design
2023 -2025 Billing Rates
2023 Rate 2024 Rate 2025 Rate General Classifications
$380 $407 $435 Executive Principal
$350 $375 $401 Executive Principal
$320 $342 $366 Principal, Executive Principal
$290 $310 $332 Principal, Executive Principal
$270 $289 $309 Sr. Associate, Principal, Executive Principal $250 $268 $286 Sr. Associate, Principal
$230 $246 $263 Leader, Sr. Associate, Principal
$210 $225 $240 Associate II, Sr. Associate, Director, Principal $195 $209 $223 Associate I, Associate II, Sr. Associate $180 $193 $206 Level Ill, Associate I, Associate II, Sr. Associate $165 $1n $189 Level Ill, Associate ~ Associate II
$150 $161 $172 Level Ill, Associate ~ Associate II
$140 $150 $160 Level II, Level Ill, Associate I
$130 $139 $149 Level I, Level II, Level Ill
$120 $128 $137 Level ~ Level II, Level Ill
$110 $118 $126 Administration
$90 $96 $103 Intern
Rates are presented i1 US Dollars (US$) and are subject to change at any time.
Mileage will be charged at the provisional standard rate.
Alie m~NG+ DESIGN. INC. 7
December 5, 2023, Item #11
SWARCO McCain ITS Solutions & Services
Classification Hourly Rate Hourly Rate Hourly Rate Hourly Rate (Year 1) (Year 2) (Year 3) (Year 4)
Project Manager $135.00 $138.00 $141.00 $144.00
Sr. Project Manager $165.00 $169.00 $173.00 $177.00
Sr. Integration Manager $185.00 $189.00 $193.00 $197.00 ITS Engineer $165.00 $169.00 $173.00 $177.00
Sr. ITS Engineer $185.00 $189.00 $193.00 $197.00
Field Technician $155.00 $158.00 $161.00 $164.00
Sr. Field Technician $185.00 $189.00 $193.00 $197.00
Sr. Systems Engineer $220.00 $225.00 $230.00 $235.00
17 of 38
December 5, 2023, Item #11
<;J♦,\N'I'
:\IA?\,\( ;1.:-.1 E.:-;T
Grant Management Associates 2023 Cost Proposal
GMA proposes the following pricing options:
Options
1 Needs Assessment/Matrix
2 Flat fee per Grant Option
3. Monthly Retainer Option
4. Hourly Rate Option
5. Grant Development Training Program
Price Not to Exceed
$3,900 per department
$22,000 per grant up to 45 pages
$8,100 per month up to 40 hours
$210 per hour
$3,200 per day (8-hours) / lO
students
Needs Assessment/Funding Matrix Option. The needs assessment option offers a comprehensive assessment of fundable activities and aligns them with possible funding opportunities. The client is delivered a comprehensive Funding Matrix as a part of the effort.
Monthly Retainer Option. The monthly retainer option is proposed for a) grant management services and b) comprehensive proposal development services for up to two (2) new grants per quarter and up to four (4) roll-over grants that may include coordination of multi-agency or multi-jurisdictional grant applicants. The proposal development services suggested here can be modified to meet current grant development needs as determined at the time of contract negotiation. The monthly retainer option is for services up to 40 man-hours per month.
Additional man-hours will be priced at $210 each. Grant Management Services includes accounting, monitoring, compliance, and reporting activities for all grants from all funders received by the client and providing monthly reports on all Grant Management Activities.
Per Grant Option. A Per Grant Option is provided above at not to exceed $22,000 per grant. This option is limited to grant proposals of up to 45 pages (total). Proposals exceeding 45 pages will be charged at GMA's hourly rate, and a written estimate of work will be provided by GMA for the client's approval to proceed.
Hourly Rate Option. The hourly rate option is our most common approach to pricing our grant writing services because so much of the service scope cannot be known at this stage of our relationship. For example, we cannot predict at this point whether we will be pursuing 5 easy (or short) grants, 10 medium grants or 20 difficult (or long) grants il the next year on the client's behalf. The hourly rate option allows the client to pay GMA a fee to be determined on an as-needed basis for work relating to additional individual proposal projects or for support of Page lof 2
18 of 38
December 5, 2023, Item #11
departmental proposal development, staff development or funding opportunity monitoring and research. The cost of each project will be determined by GMA h advance and approved ~ the client prior to the commencement of any work. Project costs will vary depending upon the degree of complexity, quality of existing material available, amount of original research work needed, amount of collaborative/partnership development required, and other factors. Prior to commencing any work on an individual project proposal, GMA and the client shall execute a written memorandum specifying the specific work to be performed by GMA, the number of hours, the billing rate, and a specific not-to-exceed amount for the project.
Grant Development Training Program Option. GMA offers an introductory one-day grant development training program for up to 10 students for a package price of $3,200 per day, which covers all costs and materials. This training program has been utilized with many GMA clients and proven highly effective at engaging staff to participate effectively il the grant development process.
Software Options. GMA additionally proposes the client's optional purchase of one or more third-party monthly grant locator services, such as eCivis, GrantFinder, and the Foundation Directory.
19 of 38
December 5, 2023, Item #11
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
20 of 38
(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 December 5, 2023, Item #11
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:
21 of 38
(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 December 5, 2023, Item #11
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 ofretirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
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).
22 of 38 3
December 5, 2023, Item #11
City
of
Poway
ST
ANDA
.RD
AGREEMENT
FOR
SERVICES
This
Agreement
, entered
into
this
6 th
day
of
December,
2023,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
KIMLEY-HORN
&
ASSOCIATES,
I NC.
(hereinafter
referred
to
as
"Consultant")
.
RECITALS
WHEREAS
, City
desires
to
obtain
the
services
of
a
private
consultant
to
perform
as
needed
traffic
engineering
services
including
planning,
organizing,
and
performing
a
variety
of
field
and
office
professional
traffic
engineering
duties,
supervising
and
performing
technical
studies,
and
performing
related
traffic
engineering
duties
as
required
;
WHEREAS
,
Consultant
is
a
traffic
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.
1 23
of
38 ATTACHMENT
B
December 5, 2023, Item #11
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. 24 of 38 2
December 5, 2023, Item #11
"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:
D
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
.
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
25 of
38 3
December 5, 2023, Item #11
(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
emp
loyees.
(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
.
26 of
38 4
December 5, 2023, Item #11
(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. 5 27 of 38
December 5, 2023, Item #11
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 Cal PERS while providing services to City. 28 of 38 6
December 5, 2023, Item #11
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
7 29 of 38
December 5, 2023, Item #11
IN
WITNESS
WHEREOF,
the parties
hereto
have
duly
executed
this
Agreement
on
the
date first
above
written.
CITY OF
POWAY
KIMLEY-HORN
&
ASSOCIATES,
INC.
By:-----------
By
: ___________
_
Chris
Hazeltine,
City
Manager
Megan
Ulery,
P.E.,
LEED
AP
Date:
Date:
-----------
------------
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
APPROVED
AS
TO
FORM:
By:-------------
Alan
Fenstermacher,
City Attorney
30 of
38 8
December 5, 2023, Item #11
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed, on-call, traffic engineering services which shall include, but not be limited to, the following:
Operation:
• Develop traffic signal timing plans and manage signal coordination timing plans.
Manage the City's signal system program.
• Provide technical support for signal and lighting maintenance.
Evaluate intersection capacity and Level of Service for operation improvements. • Manage and Coordinate with SANDAG on the 1-15 ICM program. • Coordinate with SANDAG on the Regional Arterial Management System (RAMS) program.
Manage the City's traffic volume data.
• Manage the City's Crossroad Collision program.
Manage the City Engineering and Traffic Survey.
• Coordinate with the Sheriff's Department on traffic issues, including speed requirements. • Coordinate with the School District on school zone traffic management. • Investigate and respond to public requests related to signal operation and timing.
Investigate and respond to public requests for neighborhood traffic calming measures. • Investigate and respond to public requests for traffic control devices. • Investigate and provide recommendations regarding sight distance. • Provide technical support to the City's attorneys in litigation cases involving traffic safety issues.
• Assist in preparation of reports for and attend Traffic Safety Committee meetings. • Attend regular meetings with City Engineer and staff and be available on-site at City Hall on an as-needed basis.
Prepare work orders for signing, striping, and traffic signal changes including diagrams to clarify the work that must be performed.
Planning:
• Review and provide recommendations related to the Transportation Master Element.
Review private development traffic impact analysis.
• Collect and analyze data needed for grant applications. Prepare State and/or Federal grant applications as they relate to highway safety improvements.
Design:
31 of 38
Provide technical support, prepare plan sheets, and stamp design plans as Engineer of Record for traffic signal or signing and striping modifications.
Review and approve temporary traffic control plans.
Provide plan review of private development roadway designs.
Provide plan review of Capital Improvement roadway designs.
Provide plan review of signal, signing, and striping improvement plans.
Provide plan review of street lighting improvement plans. 1 December 5, 2023, Item #11
Staffing: Consultant
must
clearly
identify
a
traffic
engineer
and
other
key
personnel
that
will
be
assigned
to
provide
services
to
the
City,
including
back-up
personnel.
The
removal
or
replacement
of
staff
members
assigned
to
the
City
will
not
occur
without
30-day
prior
written
notice
to
City
and
written
concurrence
by
the
City.
Required
Licenses
and
Certificates:
Staff
member(s)
assigned
to
provide
traffic
engineering
services
to
the
City
of
Poway
must
possess
valid
certification
as
professional
engineer
(civil
and
traffic)
issued
by
the
State
of
California
Board
of
Registration
for
Civil
and
Professional
Engineers
.
On-Call
Services:
Consultant
must
provide
24-hour/7
day
per
week
support
in
the
event
of
a
traffic
related
emergency
or
should
a
need
arise
outside
of
normal
business
hours.
B.
Compensation
and
Reimbursement.
City
shall
pay
Consultant
a
fee
in
accordance
with
the
Fee
Proposals
submitted
with
the
proposals
dated
October
5,
2023,
which
are
included
in
this
document
as
Attachment
1. 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
be
effective
from
the
period
commencing
December
6,
2023,
and
ending
December
5,
2026,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination."
This
Agreement
may
be
extended
for
up
to
two
additional
one-year
periods
upon
approval
in
writing
of
the
City
Manager
and
Consultant.
Upon
expiration
or
termination
of
this
Agreement,
Consultant
shall
return
to
City
any
and
all
equipment,
documents
or
materials
and
all
copies
made
thereof
which
Consultant
received
from
City
or
produced
for
City
for
the
purposes
of
this
Agreement.
D.
Consultant's
Insurance.
1. Coverages
:
Consultant
shall
obtain
and
maintain
during
the
life
of
this
Agreement
all
of
the
following
insurance
coverages:
32 of
38 2
December 5, 2023, Item #11
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (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:
3 33 of 38
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
December 5, 2023, Item #11
To Consultant:
34 of 38 4
Kimley-Horn & Associates, Inc.
401 B Street, Suite 600
San Diego, CA 92101
December 5, 2023, Item #11
I -, ' • ' •
----,__l_1.._"-._\...__ '----'---
5ta":men1°t As-Needed Traffic Engineering Services (RFP #24-006) Quallficat,ons for i:
. . -~~~-'-':''t} :;·~~1i -~ ;;>
. . -
Kimy>>>Hom
Hourly Labor Rate Schedule
Classification Rate
Analyst I $130 -$160
Analyst I $160 -$200
Professional . $200 -$230
Senior Professional I $230 -$315
Senior Professional 11 $315 -$350
Senior Technical Support $165 -$290
Technical Support $105 -$165
Support Staff $85 -$145
Effective through June 30, 2024. Subject to annual adjustment thereafter_ External Reimbursable Expenses will be charged at 10% mark-up, or per the Contract.
Sub-Consultants will be billed per the Contract.
,,.,-_f ··:~-.... /'; ,-::_; __ · .. "!. ¥ ... :·~~-.>·•·r _ ... :~:,:J-/1_'_.-:,~.--,,. ... __ -_ .. ·.,,r'.".' ,-,·,.~:T.....,._i· --i:,_ ---·. _..,._ ~:, _ _ City of 1-'oway -1 ROC8002~.2023 : . . Kimk;y>>)~ 22 December 5, 2023, Item #11
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act o/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)
36 of 38
(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 December 5, 2023, Item #11
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.
(t)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:
37 of
38 (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
I,
2013
,
or
has
been
included
in
subsequent
agreements.
2 December 5, 2023, Item #11
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
a judgeship
pursuant
to
Section
69615,
and
he
or
she
returns
to
work
in
the
converted
position,
and
the
employer
is
a trial
court,
or
(2)
a retiree
of
the
Judges'
Retirement
System
or
the
Judges'
Retirement
System
II
who
is
assigned
to
serve
in
a
court
pursuant
to
Section
68543.5.
History Added
Stats
2012
ch
296
§
15 (AB
340).
effective
January
1,
2013.
Amended
Stats
2013
.ch
528
§ 11
(SB
13),
effective
October
4,
2013
(ch
528
prevails);
ch
76 § 75
(AB
383),
effective
January
1,
2013;
Stats
2014
ch
238
§ 1 (AB
2476),
effective
January
1,
2015.
Annotations Notes
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).
3 38
of
38 December 5, 2023, Item #12
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT City of Poway
CITY COUNCIL
December 5, 2023
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works {I;
Michael Obermiller, Public Works Operations Manager ~
(858) 668-4722 or [email protected]
Authorization to Purchase One (1) Medium-Duty Utility Truck through the GM Government Bid Assistance Program
The City of Poway's approved Fiscal Year 2023-24 operating budget includes funding to purchase one (1) medium-duty utility truck. The City has used the General Motors (GM) Government Bid Assistance Program to ensure optimum pricing when purchasing vehicles and equipment.
Through the GM Government Bid Assistance Program, Courtesy Chevrolet presented optimal pricing for one (1) medium-duty utility truck in the amount of $64,690.67. The vehicle meets the City's service requirements and specifications.
Recommended Action:
It is recommended the City Council adopt a resolution authorizing the purchase of the following equipment:
1) One (1) Medium-Duty Utility Truck ($64,690.67) from Courtesy Chevrolet Center through the General Motors Government Bid Assistance Program; and
2) Authorize the City Manager to execute any necessary documents.
Discussion:
The City operates and maintains over 125 street-legal vehicles and other heavy equipment for the purpose of inspecting, maintaining and operating City facilities and infrastructure. Annually, several of these vehicles and pieces of equipment must be replaced as they have exceeded their useful life or have excessive mileage. The current budget contains funding to replace one (1) medium-duty utility truck.
City Council approved the addition of a utility mechanic position in the Fiscal Year 2021-22 operating budget. The accompanying utility truck was budgeted in the Fiscal Year 2023-24 budget. While the position was funded in the Fiscal Year 2021-22 budget, the purchase of the associated vehicle was intentionally delayed to a future budget in order to provide for an extended training period during which the new position would not require a vehicle. The training period has concluded, and purchase of the utility truck is included in the Fiscal Year 2023-24 approved budget. 1 of4
December 5, 2023, Item #12
Staff reached out to local Poway dealerships and two additional quotes were received from Aaron Ford and Pedder Dodge Ram. Section 3.28.090 of the Poway Municipal Code allows preference to be granted to local vendors for one percent of the taxable portion of their respective quotes, which is equal to the portion of sales tax the City receives. Additionally, the GM Government Bid Assistance Program provides an exclusive discount option to participating agencies. After careful evaluation of various purchasing options and pricing, staff determined it is in the best interest of the City not to proceed with its own formal bid process and recommends the formal bidding procedures are waived for the following reasons:
1) The City has recently purchased vehicles using the General Motors (GM) Government Bid Assistance Program and received good pricing based on prior purchasing experience. 2) The requirement of the Poway Municipal Code Chapter 3.28 to formally bid this purchase will not likely result in a lower price given staffs historical experience and the informal quotes obtained below.
3) Any extended formal bid process will likely result in a higher purchase price and delayed delivery date, given ongoing supply chain challenges, both of which would not be in the public's best interest.
The quotes for one (1) medium-duty utility truck are as follows:
COURTESY AARON FORD PEDDER DODGE RAM
UNIT AVAILABLE CHEVROLET (1% LOCAL VENDOR (1% LOCAL VENDOR
FUNDS (GM BID PREFERENCE PREFERENCE
ASSISTANCE) APPLIED) APPLIED)
Medium-Duty $70,000.00 $64,690.67 $68,539.25 $72,203.75 Utility Truck Copies of all quotes are on file with the Public Works Department.
Environmental Review:
This action is not subject to review under the California Environmental Act (CEQA).
Fiscal Impact:
The City Council approved and budgeted to add this vehicle to the City's Fleet as a result of a new position for the Utility Systems Operations and Maintenance Division, on June 13, 2023. As such, full funding is available in the Fiscal Year 2023-24 division operating budget for the Utility Systems Operations and Maintenance (401060-61040) for the purchase of one (1) medium-duty utility truck at a cost of $64,690.67.
Public Notification:
None.
Attachments:
A. Resolution
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December 5, 2023, Item #12
Reviewed/Approved By:
WendyJS}iserman
Assistant City Manager
3 of 4
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~~
City Manager
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING THE PURCHASE OF
ONE MEDIUM-DUTY UTILITY TRUCK
WHEREAS, the City of Poway (City) operates and maintains over 125 street-legal vehicles and other heavy equipment for the purposes of inspecting, maintaining and operating City facilities and infrastructure and to provide public safety services; WHEREAS, in Fiscal Year 2023-24, City Council approved the addition of a vehicle for the utility mechanic position;
WHEREAS, the City utilized the GM Government Assistance Program offering discount to government entities;
WHEREAS, the City found Courtesy Chevrolet Center to be the lowest responsible competitive quote at $64,690.67; and
WHEREAS, the Fiscal Year 2023-24 operating budgets include sufficient funding for the purchase of one medium-duty utility truck.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The purchase of one medium-duty utility truck from Courtesy Chevrolet utilizing the General Motors Government Bid Assistance Program, at total cost of $64,690.67 is authorized.
SECTION 2: The City Manager is hereby authorized to execute any documents necessary for these purchases.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of December, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DI SQUALi Fl ED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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December 5, 2023, Item #12
ATTACHMENT A
December 5, 2023, Item #13
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
CITY COUNCIL
December 5, 2023
Honorable Mayor and Members of the City Council
Jodene Dunphy, Director of Human Resourcet~.?d Risk Management ~ Eric Heideman, Director of Public Works { ~
Jodene Dunphy, Director of Human Resources and Risk Management (858) 668-4413 or [email protected]
Eric Heidemann, Director of Public Works
(858) 668-4716 or [email protected]
Approving a Cal PERS 180-day Waiting Period Exception to Hire a Retired Annuitant The City of Poway is in the process of recruiting a Water Treatment Plant Manager. The critical responsibilities of the position are currently being performed through a contract with Operational Technical Services (OTS), a business that provides personnel with state certifications necessary to operate critical water infrastructure. The City desires to hire a retired annuitant through OTS who possesses the required Water Treatment Operator Grade TS certification issued by the State Water Resources Control Board Division of Drinking Water on a temporary basis while recruiting for a new Water Treatment Plant Manager. A Cal PERS-contracted public agency may appoint a retired annuitant to an interim position with approval from the governing body, as authorized in Government Code Sections 7522.56 and 21221 (h) and waive the 180-day wait period due to the critical nature of the Water Treatment Plant Manager position and the need to have it filled while the recruitment is in progress.
Recommended Action:
It is recommended the City Council approve the resolution appointing an Interim Water Treatment Plant Manager pursuant to Government Code Sections 7522.56 and 21221 (h) and approving the waiver of the 180-day wait period for the newly retired individual to work as a retired annuitant through OTS as the Interim Water Treatment Plant Manager.
Discussion:
California Government Code Sections 7522.56 and 21221 (h) authorize the City to employ a retired Cal PERS annuitant without reinstatement from retirement upon a finding that the retired person has specialized skills needed to perform work of a limited duration. Under the law, a non-safety retired 1 of 4
December 5, 2023, Item #13
annuitant is not eligible to be employed by a CalPERS contracting agency for a period of 180 days following the retirement date unless the City Council certifies the nature of the employment, and the appointment is necessary to fill a critically needed position before 180 days has passed.
Larry Lyford is officially retiring as the Water Treatment Plant Manager from Helix Water District on December 15, 2023, and has more than 46 years of experience in the water industry including 26 years with Helix Water District. Based on a long and successful career in the water industry serving public agencies, Mr. Lyford has the specialized knowledge and skills needed to temporarily step into the role of Water Treatment Plant Manager with the City of Poway.
To comply with the Government Code and allow Mr. Lyford to work through OTS as a retired annuitant, the City must submit to Cal PERS a copy of the approved and executed resolution and the publicly available salary schedule listing the comparable or vacant position.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The total estimated cost to appoint Larry Lyford as a retired annuitant for the position of Interim Water Treatment Plant Manager through Operational Technical Services (OTS) is anticipated not to exceed $85,000. Sufficient funds are available in the department's budget to cover the expenses for the remainder of the current fiscal year.
Public Notification:
None.
Attachments:
A. Resolution
Reviewed/Approved By:
Wendaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
#tk2 Chris Hazeltine
City Manager
December 5, 2023, Item #13
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, FOR A 180-DAY WAITING PERIOD
EXCEPTION TO HIRE A RETIRED ANNUITANT PURSUANT TO
GOVERNMENT CODES SECTIONS 7522.56 AND 21221(h)
WHEREAS, in compliance with Government Code section 7522.56 of the Public Employees' Retirement Law, the Poway City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; WHEREAS, Larry Lyford is retiring from the Helix Water District as the Water Treatment Plant Manager, effective December 15, 2023;
WHEREAS, Larry Lyford has worked in the water industry for more than 46 years, and has held the position of Water Treatment Plant Manager; WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 15, 2024, without this certification resolution;
WHEREAS, Government Code section 7522.56 provides that this exception to the 180- day wait period shall not apply if the retiree accepts any retirement-related incentive; WHEREAS, the Poway City Council, the City of Poway and Larry Lyford certify that Larry Lyford has not and will not receive a Golden Handshake or any other retirement-related incentive; WHEREAS, an appointment under Government Code section 21221 (h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; WHEREAS, the governing body has authorized the search for a permanent appointment in November 2023;
WHEREAS, the Poway City Council hereby appoints Larry Lyford as an interim appointment retired annuitant to the vacant position of Water Treatment Plant Manager through a contracting business, Operational Technical Services, for the City of Poway under Government Code section 21221 (h), effective December 16, 2023;
WHEREAS, this Government Code section 21221(h) appointment shall only be made once and therefore will end once the position has been filled with a permanent replacement; WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers;
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate;
3 of4 ATTACHMENT A
December 5, 2023, Item #13
Resolution No. 23-