AG EN DA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 November 19, 2024 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.aspx to receive email notifications when City Council agendas are published on line. Items listed on the agenda with a "#" symbol are in preparation.
PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting.
American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting.
Steve Vaus
Mayor
Caylin Frank
Deputy Mayor
Peter De Hoff
Councilmember
Anita Edmondson
Councilmember
Brian Pepin
Councilmember
Amended Agenda
Updated 11-15-2024
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: None
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.
Per the Poway Municip al 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 August 20, 2024 Regular City Council Meeting Minutes
3. Resolution Amending the City's Local Conflict of Interest Code
4. Approval of Local Appointments List of City Council Appointed Committees for 2025
5. Acceptance of the FY 2023-24 Street Overlay Project with Hazard Construction ENGR, LLC, as Complete
6. Award of Contract to Raftelis Financial Consultants, Inc. to Conduct a Comprehensive Cost-of Service and Water and Sewer Rate Study
7. Award of Contract to LC Paving & Sealing, Inc., for the FY 2023-24 ADA Barrier Removal - Community Park Project, Bid No. 25-005 and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
8. Authorization to Purchase Ten (10) Lifepak 35 ECG Monitor/Defibrillators for Fiscal Year 2025-26
9. Approval of Consultant Agreement with Hoch Consulting to provide design services for the Annual Sewer Line Repair/Replacement & Manhole Rehabilitat ion, RFP No. 25-005 2 of 4 Regular City Council Meeting November 19, 2024
ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS:
10. Development Review (DR) 23-0003, CEQA exemption, Affordable Housing Agreement (AHA), Ground Lease, Health and Safety Code (HSC) Section 33433 Summary Report and Related Findings for the Construction and Operation of a 60-unit Affordable Housing Development at 12674 Monte Vista Road (APN 275-460-61-00)
City Manager's Recommendation: It is recommended the City Council 1) Adopt the Resolution (i) approving DR 23-0003, (ii) determining the Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332, and (iii) finding the Project is in conformance with the General Plan; and 2) Adopt the Resolution (i) approving the Summary Report prepared pursuant to Health and Safety Code Section 33433 and making required findings and determinations pursuant to Section 33433, (ii) approving the lease of the Property and the Affordable Housing Agreement between the Authority and Wakeland Monte Vista, LP, including the Ground Lease and all other Attachments, for the lease of the Property and development and operation of the Project, and (iii) approving other actions set forth in the City Council Resolution.
City Manager's Recommendation: It is recommended the Poway Housing Authority (Authority) Board Adopt the Resolution (i) Certifying its review and consideration of the Project's categorical exemption pursuant to CEQA Guidelines Section 15332, (ii) approving the Summary Report prepared pursuant to Health and Safety Code Section 33433 and making required findings and determinations pursuant to Section 33433, (iii) determining that the proceeds of the lease of the Property will be used by the Authority to assist a housing project for persons of low income pursuant to Health and Safety Code Section 34312.3, (iv) approving the lease of the Property and the Affordable Housing Agreement between the Authority and Wakeland Monte Vista, LP, including the Ground Lease and all other Attachments, for the lease of the Property and the development and operation of the Project, (v) approving the terms for the Authority's loan of $4,590,000 to finance Developer's ground lease of the Property as prepayment of the capitalized annual lease payments, and (vi) approving other actions set forth in the Authority Resolution.
11. Fiscal Year (FY) 2025-26 Community Development Block Grant Program City Manager's Recommendation: It is recommended the City Council 1) Adopt a Resolution authorizing the submission of four applications for the FY 2025-2026 CDBG program; 2) Authorize the appropriation of $183,446.00 to the CDBG Fund (F2410) from the General Fund (F1000), as a loan, to fund the proposed FY 2025-2026 CDBG program upon approval by the County; and 3) Authorize the City Manager to execute all necessary contracts with the County.
STAFF REPORTS:
12. Update on the Water Infrastructure Improvement Program; Approval of an Amendment to the Agreement between the City of Poway and Black & Veatch Corporation for Engineering Design Services for the Poway Treated Water Facilities and Redundant Pipeline Project (WTR0028); and Appropriation of Funds
3 of 4 Regular City Council Meeting November 19, 2024
City Manager's Recommendation: It is recommended the City Council 1) Approve an Amendment to the Consultant Agreement with Black & Veatch Corporation for Engineering Design Services for the Poway Treated Water Facilities and Redundant Pipeline Project; 2) Authorize an appropriation of $672,455 from the Water Fund to the Capital Improvement Fund Program Treated Water Facilities and Redundant Pipeline Project (WTR0028); 3) Approve the Memorandum of Understanding with Ramona Municipal Water District; and 4) Authorize the City Manager to execute the necessary documents.
13. Pre-Development Conference 24-0002, a Proposal for Specific Plan Amendment to Reduce Commercial Space Obligation for a Proposed 47-Townhomes Mixed Use Development within the Town Center Land Use District of the Poway Road Specific Plan, APNs 317-101-04 and 317-101-05 City Manager's Recommendation: It is recommended the City Council provide input and direction regarding the Applicant's proposal.
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1 234 - (G.C. 53232(d)) CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any publi c report of any action taken in closed session) CLOSED SESSION:
14. Conference with Legal Counsel -Anticipated Litigation; Government Code§ 54956.9(d)(2)
15. Public Employee Performance Evaluation - Government Code§ 54957(b)(1) Title: City Manager
ADIOURNMENT:
State of California
County of San Diego
)
) ss.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular meeting as called by the City Council of the City of Poway was posted and provided on November 15, 2024. Said meeting to be held at 7:00 p.m., November 19, 2024, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California . Said notice was posted on the Bulletin Board at the entrance to City Hall. 4 of 4 Regular City Council Meeting November 19, 2024
November 19, 2024, Item #2
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
November 19, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk l/L,f-
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the August 20, 2024 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• August 20, 2024 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 August 20, 2024 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. August 20, 2024 Regular City Council Meeting Minutes Reviewed/Approved By:
W~aY.;man ~
Assistant City Manager
1 of 7
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
November 19, 2024, Item #2
ATTACHMENT A
CITY
OF
POWAY
CITY
COUNCIL
REGULAR
MEETING
MINUTES
August
20,
2024
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
Julie
Procopio;
Director
of
Finance
Craig
Schmollinger
; Director
of
Public
Works
Eric
Heidemann;
Director
of
Community
Services
Audrey
Denham
;
Fire
Chief
Jeff
Chumbley;
Captain
Claudia
Delgado
,
Sheriff
's
Department.
(Note
: Hereinafter
the
titles
Mayor,
Deputy
Mayor,
Councilmember,
City
Manager
, Assistant
City
Manager,
City
Attorney,
City
Clerk
and
Director
of
Finance
shall
be
used
to
indicate
Mayor/Chair,
Deputy
MayorNice
Chair,
Councilmember/Director,
City
Manager/Executive
Director
, Assistant
City
Manager/Assistant
Executive
Director
,
City
Attorney/Counsel,
City
Clerk/Secretary
and
Director
of
Finance/Finance
Officer
.)
PLEDGE
OF
ALLEGIANCE:
Deputy
Mayor
Frank
led
the
Pledge
of
Allegiance.
MOMENT
OF
SILENCE:
Mayor
Vaus
led
a
moment
of
silence.
Mayor
Vaus
introduced
new
Director
of
Finance,
Craig
Schmollinger
.
PRESENTATIONS: None
.
2 of
7 November 19, 2024, Item #2
City of Poway -Minutes -August 20, 2024
PUBLIC COMMENT:
None.
CONSENT CALENDAR:
Motioned by Mayor Vaus, seconded by Councilmember Pepin 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. Award of Agreement to Yunex LLC, OBA Yunex Traffic for Street Lighting, System Maintenance and Emergency Repairs; Bid No. 25-002
3. Award of Contract to M-Rae Engineering, Inc. for the FY 2023-24 Water Valve Replacement Project, Bid No. 25-001, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
4. Resolution No. 24-059 Authorizing the Purchase of Two (2) Light-Duty Ford Explorer Chief Officer Emergency Vehicles Utilizing California Department of General Services State Contract #1-22-23-23F and Two (2) Emergency Response Equipment Upfitting by Open Market Competitive Bid
Responding to a question by Mayor Vaus, Director of Public Works Eric Heidemann confirmed local vendors were provided the same opportunity as others to participate in the Request for Bid (RFP) process.
ORDINANCES FOR INTRODUCTION:
None.
At the direction of Mayor Vaus, the agenda was reordered to hear Item #6 at this juncture.
STAFF REPORTS:
6. Award of Agreement to Cheeseburgers in Poway, LLC to Operate the Lake Poway Concession; RFP #24-025
Recreation Area Manager Allie Margis presented the item. She discussed services provided by the concession operator for Lake Poway and noted the current agreement is set to expire in November 2024. Ms. Margis stated the City issued a Request for Proposals (RFP) in May 2024 and received two (2) proposals which were evaluated based on experience and qualifications, proposed business plan, proposed financial agreement and financial wherewithal.
3 of7
November 19, 2024, Item #2
City
of
Poway
-
Minutes
-
August
20,
2024
A
brief
overview
of
each
of
the
proposals
was
provided
. Ms
. Margis
noted
several
elements
of
the Cheeseburgers
in
Poway
proposal
which
led
staff's
recommendation
the
City
Council
award
the
agreement
to
this
entity
. These
factors
included
a
proposal
to
expand
food
offerings
to
include
fresh
and
hot
items
and
to
utilize
a
business
owned
point
of
sale
system
to
streamline
the
transfer
of
revenue
resulting
in
annual cost
savings
for
the
City
in
transaction
fees
and
equipment
expenses.
Additionally,
the
Cheeseburgers
in
Poway
proposal
included
upgrades
to
the
outdoor
patio
area,
new
lounge
furniture,
misters
, heat
lamps
and
outdoor
speakers
.
Ms
. Margis
noted
the
City
will
continue
to
be
responsible
for
utilities
and
maintenance
of
the
building,
and
the
operator
will
be
responsible
for
any
upgrades
in
the
taxes
associated
with
those
upgrades.
Public
Comment:
None. End
of
Public
Comment.
Council
discussion
ensued
. Counc
il responded
positively
to
fresh
prepared
food
options,
comfortable
outdoor
seating
options,
and
new
amenities
and
services
outlined
in
the
successful
proposal.
Motioned
by
Mayor
Vaus,
seconded
by
Deputy
Mayor
Frank
to
award
the
Agreement
to
Cheeseburgers
in
Poway,
LLC,
to
operate
the
Lake
Poway
Concession
and
authorize
the
City
Manager
to
execute
the
agreement.
Motion
carried
unanimously.
PUBLIC
HEARINGS:
5. Consideration
of
Specific
Plan
Amendment
(SPA)
22-0002
and
Development
Review
(DR)
22-0001
to
Allow
the
Construction
of
a Battery
Energy
Storage
System
(BESS)
Facility
located
at
13501
Kirkham
Way;
Addendum
to
South
Poway
Specific
Plan
Environmental
Impact
Report
(EIR)
and
Subsequent
Environmental
Impact
Reports
(SEIRs);
and
a
Community
Benefit
Agreement
Mayor
Vaus
opened
the
Public
Hearing
at
7: 10
p.m
.
Associate
Planner
Mary
Piscitelli
presented
the
item
along
with
a
PowerPoint
presentation
.
She
showed
the
South
Poway
Specific
Plan
(SPSP)
Land
Use
Map
noting
the
southern
property
line
of
the
parcel
lies
along
the
boundary
between
Poway
and
the
City
of
San
Diego
.
The
Project
involves
construction
of
a
Battery
Energy
Storage
System
(BESS)
facility,
and
an
underground
transmission
line
connecting
to
SDG&E's
Sycamore
Canyon
substation.
All
project
electrical
and
communication
lines
connecting
the
substations
will
be
placed
underground,
including
portions
crossing
the
Biological
Conservation
Easement
(BCE)
in
Beeler
Creek
.
She
explained
the
proposed
SPA
would
return
the
land
use
from
its
current
designation
of
Mineral
Resource
Extraction
(MRE)
to
Light
Industrial
(LI).
In
addition
to
the
SPA,
a
DR
is
required
for
the
site
development.
She
added
in
early
2024,
City
Council
approved
an
amendment
to
the
SPSP
requiring
a
Conditional
Use
Permit
(CUP)
for
BESS
facilities,
however,
the
Nighthawk
project
had
already
been
submitted
prior
to
this
approval
, therefore
the
CUP
requirement
does
not
apply
to
this
project.
4 of
7 November 19, 2024, Item #2
City of Poway -Minutes -August 20, 2024
The project proposes 329 battery enclosures and a substation on an 8.9-acre development footprint.
Both a Pre-Development Conference (PDC) and neighborhood meeting were conducted.
Revisions to the project resulting from community input included: underground transmission lines and utility lines in place of overhead lines; modifications to the masonry wall constructed around the facility; newer, safer battery technology; new fire safety protocols; and the Community Benefit Agreement.
As part of the DR, the Fire Department reviewed and provided conditions of approval for the Project. Due to the site location being within the Very High Fire Hazard Safety Zone, the following requirements are included to address fire safety: The Fuel Management Zone was increased from 100 feet to 260 feet; the masonry wall height was increased from eight feet to 12 feet; Lithium Iron Phosphate (LFP) batteries in place of Lithium-Ion batteries; and a 24/7 protection system which includes temperature sensors, remote monitoring, and infrared cameras to automatically shut down and prevent the spread of fire to other battery storage modules. ,
Ms. Piscitelli provided a map, noting the closest residential properties at least a half mile away from the Project site. She also outlined the details of the Community Benefit Agreement.
Notably the applicant has agreed to reimburse the City for all costs it incurs in responding to any fire at the Project site for the life of the Project.
An addendum to the SPSP EIR has been prepared determining the Project does not result in additional significant impacts and does not increase to the severity of impacts. Additional materials have been submitted as an Errata for the addendum to reflect the recent inspection by the wildlife agencies which determined the impacts of the project are less than what was originally presented in the addendum. • •
The City of San Diego will be holding a public hearing to consider the project within its jurisdictional limits on August 29, 2024.
Kevin Smith, CEO of Arevon Energy, Sohail Suryavanshi, Project Manager for Arevon Energy, and Josh Coon, Vice President of Arevon Energy, presented along with a PowerPoint on behalf of the applicant. They provided background information on Arevon Energy and further discussed the Nighthawk project by providing details on the project's technological components, fire safety measures and incident control, as well as the project's benefits.
Public Comment:
The following individuals spoke in support of Item #5:
Tom Robertson, on behalf of Clerco
Cori Schumacher, on behalf of International Brotherhood of Electrical Workers (/BEW) Local 569
Matthew Leyba-Gonzalez, on behalf of San Diego County's Building and Construction Trades Council
Robert Ilka
Ansermio (AJ) Estrada, on behalf of San Diego County's Building and Construction Trades Council
Jason Anderson, on behalf of Cleantech San Diego
Serena Pelka, on behalf of Climate Action Campaign
5 of 7
November 19, 2024, Item #2
City of Poway -Minutes -August 20, 2024
Lauren Cazares, on behalf of the San Diego Regional Chamber of Commerce The following individuals spoke in opposition to Item #5:
Betty Rexford
The following written comment cards were submitted in opposition to Item #5:
Paul Rexford
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:46 p.m.
Council discussion ensued. Council addressed concerns regarding recent battery storage facility incidents in San Diego County, emphasizing the difference in battery technological advancements and facility infrastructure improvements between the projects. Council responded positively to the changes initiated by the PDC, including the undergrounding of utilities and the higher perimeter walls. Council discussed the details of the Community Benefit Agreement.
San Diego Fire-Rescue Battalion Chief Robert Rezende responded to technical questions regarding the safety and mitigation of battery storage facilities, noting fire-related incidents for battery storage facilities are uncommon.
Fire Chief Chumbley discussed the additional response and mitigation training required for the City's Fire Department related to the BESS facility it is approved along with the required, annual compliance inspections to be performed by the Fire Marshal.
As requested by the Mayor, City Clerk Gallagher titled the Ordinance and took a roll call vote.
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
De Hoff, Edmondson, Pepin, Frank, Vaus
None
None
None
None
Motioned by Councilmember De Hoff, seconded by Deputy Mayor Frank to introduce Ordinance No. 871 entitled "An Ordinance of the City Council of the City of Poway, California, Approving a Specific Plan Amendment (SPA) 22-0002 to the South Poway Specific Plan Allowing a Change of the Land use Designation from Mineral Resource Extraction to Light Industrial on Two Pad Sites Located within an 83-Acre Parcel, Thereby Allowing Development of the Nighthawk Battery Energy Storage System on Pad 2; Assessor's Parcel Number 320-031-03-00" waive further reading and schedule the adoption of the Ordinance for the next regularly scheduled City Council meeting.
And adopt Resolution No. 24-060 entitled "A Resolution of The City Council of The City of Poway, California, Approving an Addendum to the South Poway Specific Plan Environmental Impact Report, South Poway Planned Community Amendments Subsequent Environmental Impact Report and Calmat-Poway Subsequent Environmental Impact Report Analyzing the Potential Impacts of Specific Plan Amendment (SPA) 22-0002 and Development Review (DR) 22-0001, to Allow the Use and Construction of Nighthawk Battery Energy Storage System; Assessor's Parcel 6 of 7
November 19, 2024, Item #2
City
of
Poway
-
Minutes
-
August
20,
2024
Number
320-031-03-00,"
Resolution
No.
24-061
entitled
"A
Resolution
of
The
City
Council
of
The
City
of
Poway,
California,
Approving
Development
Review
(DR)
22-0001
to
Allow
the
Construction
of
the
Nighthawk
Battery
Energy
Storage
System
on
an
Approximately
10-Acre
Portion
of
an
82-Acre
Parcel;
Assessor's
Parcel
Number
320-
031-03-00,"
and
Resolution
No.
24-062
entitled
"A
Resolution
of
The
City
Council
of
The
City
of
Poway,
California,
Approving
a
Community
· Benefit
Agreement
for
the
Nighthawk
Battery
Energy
Storage
System
(BESS)
on
a
10-Acre
Pad
of
a
83-Acre
Parcel;
Assessor's
Parcel
Number
320-031-03-00."
Motion
carried
5/0.
WORKSHOPS: None. COUNCIL-INITIATED
ITEMS:
None. COUNCIL
COMMITTEE
REPORTS
and
ANNOUNCEMENTS:
Pursuant
to
AB1234
-
(G
.C.
53232(d)) Mayor
Vaus
provided
an
update
on
the
San
Diego
County
Regional
Airport
Authority,
he
announced
the
upcoming
opening
of
the
new
airport
parking
plaza
scheduled
for
August
28,
2024
.
CITY
MANAGER
ITEMS:
City
Manager
Chris
Hazeltine
welcomed
new
Director
of
Finance
Craig
Schmollinger
and
thanked
Assistant
Director
of
Finance
Operations
Brad
Rosen
for
serving
in
the
Interim
.
CITY
ATTORNEY
ITEMS
: (Including
any
public
report
of
any
action
taken
in
closed
session)
None
.
CLOSED
SESSION:
6. Conference
with
Labor Negotiators
-
(Government
Code§
54957
.6)
Designated
City
Representat
ives:
Chris
Hazeltine,
Wendy
Kaserman
, and
Jodene
Dunphy
Employee
Organization
: Poway
Firefighters
' Association
Mayor
Vaus
recessed
the
Regular City
Council
meeting
into
Closed
Session
at
8:
12 p.m
.
ADJOURNMENT: City
Attorney
Alan
Fenstermacher
reported
no
action
was
taken
.
The
meeting
was
adjourned
at
9:20
p.m.
7 of
7 Carrie
Gallagher,
CMC
City
Clerk
City
of
Poway
, California
1 of 11
November 19, 2024, Item #3
DATE:
TO:
FROM:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
November 19, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk Jr
(858) 668-4535 or [email protected]
Resolution Amending the City's Local Conflict of Interest Code
CITY COUNCIL
The Political Reform Act requires every local government agency to adopt and promulgate a Local Conflict of Interest Code to provide for the filing of Statement of Economic Interests Form 700 by designated employees of the City. In accordance with Government Code section 87306.5, at the June 4, 2024 City Council meeting, Council directed staff to review the City's Conflict of Interest Code for possible amendments to reflect any added, changed or deleted positions since the last Local Conflict of Interest Code was adopted on November 15, 2022. The attached Resolution amends Exhibit A of the City's Conflict of Interest Code to address personnel changes.
Recommended Action:
It is recommended the City Council adopt the Resolution amending the City's Conflict of Interest Code in accordance with Government Code Sections 87300 through 87314.
Discussion:
The City's Local Conflict of Interest Code (Code) adopts the standardized Fair Political Practices Commission's (FPPC) Conflict of Interest Code and any future amendments promulgated by the California Code of Regulations, Title 2, Section 18730. The Code designates positions required to file a Statement of Economic Interests, also known as Form 700, and assigns disclosure categories to those positions specifying the types of interests to be reported to help determine if any disqualifications exist in making or participating in making decisions on behalf of the City which may have an influence on their financial interests.
The Political Reform Act requires local government agencies to review its Local Conflict of Interest Code every even-numbered year to ensure it is accurate and current. In accordance with Government Code section 87306.5, at the June 4, 2024 City Council meeting, Council directed staff to review the City's Conflict of Interest Code for possible amendments to reflect any added, changed or deleted positions since the last Conflict of Interest Code adoption. 2 of 11
November 19, 2024, Item #3
City staff reviewed the City's current Conflict of Interest Code and determined the list of designated positions must be updated. Exhibit A of the attached resolution represents the list of "designated employees" required to file Statement of Economic Interests Form 700. The proposed amendments reflect changes to position titles, positions that no longer exist, and the addition of new positions meeting the definition of a "designated employee" since the adoption of the last Local Conflict of Interest Code on November 15, 2022. The Political Reform Act defines a "designated employee" as an officer, employee or consultant whose position entails the making or participating in the making of governmental decisions that may foreseeably have a material effect on any financial interest. Exhibit B of the attached resolution defines the various categories offinancial interests that must be disclosed and are assigned to a particular "designated employee" based upon their respective job duties. There are no proposed changes to these categories. The revised exhibits make up the appendix to the City's Local Conflict of Interest Code and must be adopted by resolution by the code reviewing body. The City Council serves as the code reviewing body for the City of Poway's Local Conflict of Interest Code.
A strike-out version of the updated Conflict of Interest Code is provided for review as Attachment B.
It should be noted that positions listed in Government Code Section 87200 (i.e. Mayor, City Councilmembers, City Manager, City Attorney and City Treasurer) are not considered "designated employees." These positions are identified and required to file Form 700 pursuant to Government Code Sections 87200 through 87210 with the Fair Political Practices Commission.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. Resolution
B. Strikeout version of Conflict of Interest Code
Reviewed/Approved By:
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
3 of 11
November 19, 2024, Item #3
RESOLUTION
NO
. 24-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
ADOPTING
AN
AMENDED
CONFLICT
OF
INTEREST
CODE
UPDATING
DESIGNATED EMPLOYEES
AND
OFFICERS
AND
REPEALING
RESOLUTION
NO.
22-083
WHEREAS,
the
Political
Reform
Act
(Government
Code
section
81000,
et
seq.)
requires
state
and
local
government
agencies
to
adopt
and
promulgate
conflict
of
interest
codes
designating
employees
and
what
financial
interests
must
be
disclosed
by
those
employees,
and
prohibiting
the
participation
by
such
employees
in
decisions
in
which
they
have
a
financial
interest;
WHEREAS
,
the
Fair
Political
Practices
Commission
has
adopted
a
regulation
(2
California
Code
of
Regulations
Section
18730)
that
contains
the
terms
of
a
standard
conflict
of
interest
code,
which
can
be
incorporated
by
reference
in
an
agency's
code.
After
public
notice
and
hearing,
the
standard
code
may
be
amended
by
the
Fair
Political
Practices
Commission
to
conform
to
amendments
in
the
Political
Reform
Act;
WHEREAS,
the
City
Council
has
heretofore
adopted,
as
the
Conflict
of
Interest
Code
of
the
City
of
Poway
(the
"City
Code"),
the
model
conflict
of
interest
code
set
forth
in
California
Code
of
Regulations
Section
18730
and
any
amendments
to
it duly
adopted
by
the
Fair
Political
Practices
Commission;
WHEREAS,
the
Appendix
to
the
City
Code
attached
hereto
as
"Exhibit
A"
(in
which
officials
and
employees
are
designated)
and
"Exhibit
B"
(in
which
disclosure
categories
are
set
forth),
which
may
be
modified
by
City
Council
from
time
to
time,
and
all
of
which
together
does
constitute
the
Conflict
of
Interest
Code
for
the
City
of
Poway;
WHEREAS,
individuals
holding
designated
positions
shall
file
their
statements
of
economic
interests
with
the
City
Clerk,
which
will
make
the
statements
available
for
public
inspection
and
reproduction
(Gov.
Code
Sec.
81008).
Upon
receipt
offiling
from
the
Fair
Political
Practices
Commission,
the
City
Clerk
shall
retain
copies
for
the
Mayor,
Councilmembers,
City
Manager,
City
Treasurer
and
the
City
Attorney.
All
other statements
will
be
retained
by
the
City
Clerk.
•
WHEREAS,
the
City
Council
has
designated
those
positions
that
are
subject
to
the
reporting
requirements
of
the
Code;
WHEREAS,
the
Political
Reform
Act
requires
the
City
to
review
its
Conflict
of
Interest
Code
biennially
to
determine
if it
is
accurate
or,
alternatively
that
the
code
must
be
amended;
and
WHEREAS,
it
is
necessary
to
amend
the
City's
Conflict
of
Interest
Code
to
reflect
the
deletion
and
addition
of
certain
City
positions
.
NOW,
THEREFORE,
BE
IT
HEREBY
RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows
:
SECTION
1: That
the
above
recitals
are
true
and
correct.
ATTACHMENT
A
4 of 11
November 19, 2024, Item #3
Resolution No. 24-
SECTION 2: That the standard FPPC Conflict of Interest Code, as set forth in Title 2 California Code of Regulations Section 18730, and as may be amended from time to time by the Fair Political Practices Commission, is incorporated by reference and constitutes the Conflict of Interest Code for the City of Poway.
SECTION 3: That the list of designated positions subject to the requirements of the Conflict of Interest Code are amended as set forth in "Exhibit A" and their respective disclosure categories are set forth in "Exhibit B".
SECTION 4: That the City of Poway has conducted the 2024 Biennial review of its Conflict of Interest Code, as required by the Political Reform Act, and as a result of the biennial review determined the need for an amended Conflict of Interest Code as presented in this Resolution.
SECTION 5: That Resolution No. 22-083 is hereby repealed.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 19th day of November, 2024 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 11
November 19, 2024, Item #3
EXHIBIT
A
Resolution
No.
24-
Page
3 APPENDIX
TO
THE
CITY
OF
POWAY
CONFLICT
OF
INTEREST
CODE:
DESIGNATED
POSITIONS
City
Employees
Position/Title
Disclosure
Category
Accountant
1,
2 Assistant
City
Manager
1,
2 Assistant
Director
of
Finance
Operations
1,
2 Assistant
Director
of
Public
Works
-
Operations
1,
2 Assistant
Director
of
Public
Works
-
Utilities
1,
2 Assistant
Engineer
2,3,4,
5 Assistant
Planner
2,3,4,
5 Associate
Civil
Engineer
2,
3,
4,
5 Associate
Planner
2,3,4,
5 City
Clerk
1,
2 City
Enqineer
1,2
City
Planner
2,3,4,
5 Code
Compliance
Officer
2,3,4,
5 Community
Outreach
Coordinator
2,3,4,
6 Construction
Maintenance
Supervisor
2,3,4,
6 Contract
Specialist/Inspector
2,3,4,
6 Customer
Services
Specialist
2,3,4,
6 Deputy
City
Attorney
1,
2 Deputy
City
Clerk
1,
2 Deputy
Fire
Chief
2,3,4,
5 Deputy
Fire
Marshal
2,3,4,
5 Director
of
Community
Services
1,
2 Director
of
Development
Services
1,
2 Director
of
Finance
/ Treasurer
Unlimited
Disclosure
Director
of
Human
Resources
&
Risk
Management
1,
2 Director
of
Public
Works
1,
2 Facilities
Maintenance
and
Special
Districts
Supervisor
2,3,
4,
6 Finance
Manager
1,
2 Fire
Battalion
Chief
2,3,4,
5 Fire
Chief
1,
2 Fire
Inspector
2,3,4,
5 Fleet
Maintenance
Supervisor
3,6
GIS
Analyst
4,6
Information
Technology
Analyst
3,4,6
Management
Analyst
2,3,
4,6
Management
Assistant
2,3,
4,
6 Network
and
Computer
Systems
Administrator
3,
4,6
Network &
Computer
Systems
Analyst
3,
4,6
Parks
Maintenance
Supervisor
4,6
6 of 11
November 19, 2024, Item #3
City
Employees
Position/Title
Parks
and
Trails
Area
Manager
Principal
Civil
Engineer
Principal
Civil
Engineer
-
Utilities
Public
Works
Operations
Manager
Recreation
Area
Manager
Revenue
and
Operations
Manager
Revenue
and
Operations
Supervisor
SCADA,
Electrical,
Instrumentation,
and
Controls
Supervisor
Senior
Accountant
Senior
Accounting
Technician
Senior
Civil
Engineer
Senior
Code
Compliance
Officer
Senior
Fire
Inspector
Senior
Human
Resources
Analyst
Senior
Management
Analyst
Senior
Planner
Special
Projects
Engineer
Utilities
Administrator
Utility
Systems
Supervisor
Warehouse
Associate
Wastewater
Utilities
Supervisor
Water
Treatment
Plant
Manager
Water
Utilities
Distribution
Supervisor
Boards,
Committees,
&
Commissions
Budget
Review
Committee
Parks
&
Recreation
Advisory
Committee
*Poway
Housing
Authority
*Public
Financing
Authority
*Successor
Agency
to
the
Poway
Redevelopment
Agency
Resolution
No
. 24-
Page
4 Disclosure
Category 2,3,4,
6 2,3,4,
5 2,3,4,
5 2,3,4,
6 2,3,4,
6 2,
3 ,4,
6 2,3,4,6 2,3,4,
6 1,
2 1,
2 2,3,4,
5 2,3,4,
5 2,3,4,
5 2,3,4,
6 2,3,4,
6 2,3,4,
5 2,3,4,
5 2,3,4,
6 2,3,4,
6 3,
5 2,3,4,
6 2,3,4,
6 2,3,4,6
Disclosure
Category
1,
2 1,
2 Unlimited
disclosure
Unlimited
disclosure
Unlimited
disclosure
Mayor
and
Counci/members
hold
the
positions
on
the
Authorities
and
Agency
marked
by
*
Consultants Consultants
shall
be
included
in
the
list
of
designated
employees
and
shall
disclose
pursuant
to
the
broadest
disclosure
category
in
this
Code
subject
to
the
following
limitation:
The
City
Manager
or
his
or
her
designee,
may
determine
in
writing
that
a
particular
consultant,
although
a
"designated
position,"
is
hired
to
perform
a
range
of
duties
that
are
limited
in
scope
and
thus
not
required
to
fully
comply
with
the
disclosure
requirements
described
in
this
Section
.
Such
written
determination
shall
include
a
description
of
the
consultant's
duties
and,
based
upon
that
description,
a
statement
of
the
extent
of
disclosure
requirements.
The
City
Manager's
determination
is
a
public
record
and
shall
be
retained
for
public
inspection
in
the
same
manner
and
location
as
the
Conflict
of
Interest
Code.
7 of 11
November 19, 2024, Item #3
Statutory
Filers;
Officials
Who
Manage
Public
Investments
Resolution
No
. 24-
Page
5 It
has been
determined
that
the
positions
listed
below
are
either
officials
specifically
required
to
file
statements
of
economic
interests
or
are
officials
who
manage
public
investments,
as
that
term
is
defined
in
2 California
Code
of
Regulations,
Section
18701
(b).
These
officials
will
file
a
Statement
of
Economic
Interests
(Form
700,
all
schedules)
without
any
limitation
as
to
disclosure
categories
(GC
§
87200
et
seq.):
General
Provisions
Mayor Members
of
the
City
Council
City
Manager
City
Attorney
City
Treasurer
All
designated
employees
required
to
submit
an
initial
Statement
of
Financial
Interest
shall
file
the
original
with
the
City
Clerk
within
thirty
(30)
days
after
the
effective
date
of
this
Resolution.
Initial
statements
shall
cover
the
period
of
the
twelve
(12)
months
prior
to
the
date
of
the
adoption
of
this
Conflict
of
Interest
Code
.
All
individuals
appointed,
promoted,
or
transferred
to
a
designated
position
shall
file
statements
within
thirty
(30)
days
of
assuming
office.
These
"assuming
office"
statements
cover
the
period
of
the
twelve
(12)
months
prior
to
the
date
of
assuming
office.
Annual
statements
shall
be
filed
with
the
City
Clerk
by
April
1 of
each
year
by
all
designated
employees.
Such
statements
shall
cover
the
period
of
the
preceding
calendar
year.
Every
designated
employee
who
leaves
office
shall
file,
within
thirty
(30)
days
of
leaving
office,
a
statement
disclosing
financial
interests
held
or
received
at
any
time
during
the
period
between
the
closing
date
of
the
last
statement
required
to
be
filed
and
the
date
of
leaving
office.
Any
employee
serving
in
dual
roles
may
file
a
combined
statement
by
reporting
according
to
their
broadest
range
of
disclosure.
Failure
to
file
the
required
statement
in
a
timely
fashion
may
result
in
the
imposition
of
administrative,
criminal,
and
civil
sanctions
as
provided
in
Government
Code
sections
81000-
91014.
8 of 11
November 19, 2024, Item #3
EXHIBIT
B
Resolution
No.
24-
Page
6 When
a designated
employee
is
required
to
disclose
investments,
business
positions
and
sources
of
income,
he
or
she
need
only
disclose
investments
in
business
entities
and
sources
of
income,
which
do
business
in
the
jurisdiction,
plan
to
do
business
in
the
jurisdiction
or
have
done
business
in
the
jurisdiction
within
the
past
two
years.
In
addition
to
other
activities,
a
business
entity
is
doing
business
within
the
jurisdiction
if
it
owns
real
property
within
the
jurisdiction.
When
a
designated
employee
is
required
to
disclose
interests
in
real
property,
he
or
she
need
only
disclose
real
property
other
than
his
principal
residence,
which
is
located
in
whole
or
in
part
within
or
not
more
than
two
miles
outside
the
boundaries
of
the
jurisdiction
or
within
two
miles
of
any
land
owned
or
used
by
the
local
government
agency.
Designated
employees
shall
disclose
their
financial
interests
pursuant
to
the
appropriate
disclosure
category
as
indicated
in
Exhibit
"A".
DISCLOSURE
CATEGORIES
1. All
investments,
business
positions
and
sources
of
income
including
gifts
, loans
and
travel
payments
.
2. All
interests
in
real
property
within
the
jurisdiction
of
the
City.
3. All
investments,
business
positions
and
sources
of
income
including
gifts,
loans
and
travel
payments
subject
to
the
regulatory,
permit
or
licensing
authority
of
the
Designated
Employee's
department,
unit
or
division.
4. All
investments,
business
positions
and
sources
of
income
including
gifts,
loans
and
travel
payments
that
are
engaged
in
land
development,
construction
or
the
acquisition
or
sale
of
real
property
within
the
jurisdiction
of
the
City
.
5. All
investments,
business
positions
and
sources
of
income
including
gifts,
loans
and
travel
payments
that
provide
services,
supplies,
materials,
machinery,
vehicles
or
equipment
of
a type
purchased
or
leased
by
the
City.
6. All
investments,
business
positions
and
sources
of
income
including
gifts,
loans
and
travel
payments
that
provide
services,
supplies,
materials,
machinery
or
equipment
of
a
type
purchased
or
leased
by
the
Designated
Employee's
department
, unit
or
division
.
9 of 11
November 19, 2024, Item #3
APPENDIX
TO
THE
CITY
OF
POWAY
CONFLICT
OF
INTEREST
CODE:
DESIGNATED
POSITIONS
City
Employees
Position/Title
Disclosure
Category
Accountant
1,
2 Assistant
City
Manager
1,
2 Assistant
Director
of
Finance
Operations
1,2
Assistant
Director
of
Public
Works
-
Operations
1,2
Assistant
Director
of
Public
Works
-
Utilities
1,
2 Assistant
Engineer
2,3,4,
5 Assistant
Planner
2,3,4,
5 Associate
Civil
Engineer
2,3,4,
5 Associate Planner
2,3,4,
5 City
Clerk
1,
2 City
Engineer
1,
2 City
Planner
2,3,4,
5 Code
Compliance
Officer
2,3,4,
5 Community
Outreach
Coordinator
2,3,4,
6 Construction
Maintenance
Supervisor
2,3,4,
6 Contract
Specialist/Inspector
2,3,4,
6 Customer
Services
Specialist
2,3,4,
6 Deputy
City
Attorney
1,
2 Deputy
City
Clerk
1,
2 Deputy
Fire
Chief
2,3,4,
5 Deputy
Fire
Marshal
2,3,4,
5 Director
of
Community
Services
1,
2 Director
of
Development
Services
1,
2 Director
of
Finance
/ Treasurer
Unlimited
Disclosure
Director
of
Human
Resources
&
Risk
Management
1,
2 Director
of
Public Works
1,
2 Facilities
Maintenance
and
Special
Districts
Supervisor
2,3,4,
6 Finance
Manager
1,
2 Fire
Battalion
Chief
2,3,4,
5 Fire
Chief
1,
2 Fire
Safety
Inspector
2,3,4,
5 Fleet
Maintenance
Supervisor
3,
6 GIS
Analyst
4,
6 Information
Technology
Analyst
3,
4,
6 Management
Analyst
2,3,
4,
6 Management
Assistant
2,3,4,
6 Network
and
Computer
Systems
Administrator
3,4,6
Network
&
Computer
Systems
Analyst
3,
4,
6 Parks
Maintenance
Supervisor
4,
6 ATTACHMENT
B
10 of 11
November 19, 2024, Item #3
City
Employees
Position/Title
Disclosure
Category
Parks
and
Trails
Area
Manager
2,3,4, 6
Principal
Civil
Engineer
2, 3,
4,
5 Principal
Civil
Engineer
-
Utilities
2,
3,
4,
5 Public
Works
Operations
Manager
2,3
,4,6
Recreation
Area
Manager
2,3,4,6
Revenue
and
Operations
Manager
2,
3 ,4,
6 Revenue
and
Operations
Supervisor
2,3,4,
6 SCADA
, Electrical
, Instrumentation
, and
Controls
Supervisor
2,3,4, 6
Senior
Accountant
1,2
Senior
Accounting
Technician
1,
2 Senior
Civil
Engineer
2,3
,4,
5 Senior
Code
Compliance
Officer
2,3
,4,
5 Senior
Fire
Safety
Inspector
2,3,4,
5 Senior
Human
Resources
Analyst
2,3,4,
6 Senior
Management
Analyst
2,3,4
, 6
Senior
Planner
2,3,4,
5 Special
Projects
Engineer
2,3,4
, 5
Utilities
Administrator
2,3
,4,6
Utility
Systems
Supervisor
2,3,4
,6
Warehouse
Associate
3,
5 Wastewater
Utilities
Supervisor
2,3,4,
6 Water
Treatment
Plant
Manager
2,3,4,6
Water
Utilities
Distribution
Supervisor
2,3
,4,
6 Boards,
Committees,
&
Commissions
Disclosure
Category
Budget
Review
Committee
1,
2 Parks
&
Recreation
Advisory
Committee
1,
2 *Poway
Housing
Authority
Unlimited
disclosure
*Public
Financing
Authority
Unlimited
disclosure
*Successor
Agency
to
the
Poway
Redevelopment
Agency
Unlimited
disclosure
Mayor
and
Councilmembers
hold
the
positions on
the
Authorities
and
Agency
marked
by
*
Consultants Consultants
shall
be
included
in
the
list
of
designated
employees
and
shall
disclose
pursuant to
the
broadest disclosure
category
in
this
Code
subject
to
the
following
limitation:
The
City
Manager
or
his
or
her
designee
, may
determine
in
writing
that
a
particular
consultant,
although
a
"designated
position
," is
hired
to
perform
a
range
of
duties
that
are
limited
in
scope
and
thus
not
required
to
fully
comply
with
the
disclosure
requirements
described
in
this
Section.
Such
written
determination
shall
inc
lude
a
description
of
the
consultant's
duties
and,
based
upon
that
description,
a
statement
of
the
extent
of
disclosure
requirements.
The
City
Manager
's
11 of 11
November 19, 2024, Item #3
determination
is
a
public
record
and
shall
be
retained
for
public
inspection
in
the
same
manner
and
location
as
the
Conflict
of
Interest
Code
.
November 19, 2024, Item #4
AG EN DA REPORT City of Poway
DATE:
TO:
FROM:
November 19, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of Local Appointments List of City Council Appointed Committees for 2025 Summary:
The City Clerk has prepared the annual Local Appointments List required by California Government Code Section 54972. The Code requires 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 2025 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 2024, and a resignation, the City will have three (3) vacancies on the BRC and five (5) 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 13, 2025 and applications will be accepted through 5:00 p.m. on Thursday, February 13, 2025. Appointments are tentatively scheduled to be made at the March 18, 2025 City Council meeting. Any other vacancies that occur during 2025 would be unscheduled and 1 of 3
November 19, 2024, Item #4
a
notice
would
be
posted
in
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
2025
Reviewed/Approved
By:
Assistant
City
Manager
2 of
3 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Chris
Hazeltine
City
Manager
ATTACHMENT A
November 19, 2024, Item #4
City of Poway
LOCAL APPOINTMENTS LIST
2025
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: The committee consists of five (5) members who must be Poway residents.
Purpose: 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.
Meeting Schedule: The BRC meets approximately four (4) times annually in April/May.
Term: Two Years
Expiring terms:
Name Appointed By Appointed Term Expires
Chris Pikus
1 Brian Pepin I 0310712023 12/31/2024
f-I -
03/07 /2023*
Andrew Cruz 1 Caylin Frank I *Resigned Effective 12/31/2024 I I 05/15/2024
Robert Polston Peter De Hoff ; 03/07/2023 12/31/2024
Cynthia Elizondo : Steve Vaus I 03/19/2024 12/31/2025
Vanessa Springett Anita Edmondson 03/19/2024 12/31/2025
PARKS AND RECREATION ADVISORY COMMITTEE
Qualifications: The committee consists of five (5) members who must be Poway residents.
Purpose: 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.
Meeting Schedule: The PRAC meets as needed • to discuss specific park development and/or recreation programming.
Term: Two Years
Expiring terms:
3 of 3
Name
Sabrina Butler
Julia Fontana
Crystal Anderson
Phil Rath
Steven Polito
Appointed By
Brian Pepin
Caylin Frank
Peter De Hoff
Steve Vaus
Barry Leonard
Appointed
03/07/2023
03/07/2023
03/07/2023
03/07/2023
03/07/2023
I
Term Expires
12/31/2024
12/31/2024
12/31/2024
12/31/2024
12/31/2024
November 19, 2024, Item #5
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
November 19, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services~
Alex Ubaldo, P.E., Principal Civil Engineer ~
858-668-4602 or [email protected] ~
CITY COUNCIL
SUBJECT: Acceptance of the FY 2023-24 Street Overlay Project with Hazard Construction ENGR, LLC, as Complete
Summary:
On May 21, 2024, the City Council authorized a second extension of the FY 2021-22 Street Overlay Project contract with Hazard Construction ENGR, LLC for the FY 2023-24 Street Overlay Project, Bid No. 22-011, in the amount of $2,202,010.20. This action will accept the project as complete.
Recommended Action:
It is recommended the City Council:
1) Accept the FY 2023-24 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 $126,614.59 if unencumbered, 45 days after City Council acceptance;
4) Release the Nationwide Mutual Insurance Company Bond for Material and Labor in the amount of $2,202,010.20 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:
Hazard Construction ENGR, LLC (Hazard) performed asphalt cold milling, asphalt patching, and pedestrian access ramp upgrades along the arterial and collector streets in the South Poway Business Park within Street Maintenance Zone 7 (see Attachment A). This work has been coordinated with the FY 2024-25 Street Maintenance and the FY 2024-25 Citywide Striping projects.
Hazard has completed all work in accordance with the contract plans and specifications. Change orders included installation of two additional curb ramps, additional cost for dump fees for unforeseen petromat fabric uncovered during the milling work, and the differences between estimated bid quantities and actual quantities placed as measured in the field. The final contract 1 of 3
November 19, 2024, Item #5
amount
is
$2,532,291.76.
Environmental
Review:
The
action
of
acceptance
of
public
improvements
that
have
been
completed,
which
were
the
subject
of
a
prior
environmental
determination,
is
not
considered
a
project
pursuant
to
Section
15378(b)(S)
of
the
CEQA
Guidelines
and
therefore
not
subject
to
the
California
Environmental
Quality
Act.
Fiscal
Impact:
This
project
is
fully
funded
by
TransNet,
Road
Maintenance
and
Rehabilitation
Act
(SB1
),
and
Gas
Tax
funds.
Sufficient
funds
are
available
in
the
project
account
(ST028)
for
the
release
of
retention
.
Public
Notification:
None. Attachments: A.
Zone
7 Location
Map
Reviewed/Approved
By:
Weny
aserman
Assistant
City
Manager
2 of
3 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
Ch
~
City
Manager
November 19, 2024, Item #5
oUCKSY.I~
TilL
S0\J\
c
Sl
rvs1:NST
1,700
850
0 --
3 of
3 t,IETATE
Ul
1.700
3,400
o"" <.i
5,100
Feet
ATTACHMENT
A
N A
ZONE
7 OVERLAY
PROJECT
MAP
November 19, 2024, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA .RE PO RT City of Poway
November 19, 2024
Honorable Mayor and Members of the City Council
Craig Schmollinger, Director of Finance /-;) Q
Craig Schmollinger, Director of Finance ~
(858) 668-4411 or [email protected]
CITY COUNCIL
Award of Contract to Raftelis Financial Consultants, Inc. to Conduct a Comprehensive Cost-of-Service and Water and Sewer Rate Study
The City has utilized a third-party rate consultant as utility experts in water and sewer rate setting who lead a cost-of-service study update in partnership with staff to help determine fair and equitable rates for services. The studies design a legally compliant rate framework that recovers water and sewer costs across different customer classes within each utility enterprise system. As a best practice, these studies are typically updated every four to six years to ensure the rate design remains fair and equitable. The most recent study was performed in December 2019 and updated in late 2021 for four year rates that went into effect beginning in January 2022. The adopted Fiscal Year 2024-25 Budget includes funding allocated to conduct updated cost-of-service studies for both water and sewer services as part of the next water and sewer rate setting process.
The City has successfully utilized Raftelis Financial Consultants, Inc. (Raftelis) for both the 2019 comprehensive and 2021 updated cost-of-service studies for water and sewer services. Raftelis was also utilized for the recent limited scope analysis of large increases in water purchase costs as a pass through adjustment from the City's wholesale water provider, the San Diego County Water Authority.
Raftelis has intimate knowledge of both the City's water and sewer systems, current cost-of-service studies and models, and are industry experts in California based utility rate setting for over 30 years.
After evaluating a requested proposal, staff is recommending the City Council award a contract to Raftelis.
Recommended Action:
It is recommended the City Council award a contract to Raftelis Financial Consultants, Inc. to conduct a Comprehensive Cost-of-service Study for Water & Sewer services and authorize the City Manager to execute all necessary documents associated with the agreement. 1 of 17
November 19, 2024, Item #6
Discussion: Poway
most
recently
went
through
a comprehensive
water
and
sewer
Cost-of-Service
Study
(COSS)
in
2019,
with
a
major
update
in
2021,
and
limited
scope
San
Diego
County
Water
Authority
rate
pass
through
adjustment
review
in
2024.
It
is
industry
best
practice
to
update
these
studies
every
four
to
six
years,
therefore
funds
are
included
in
the
adopted
FY
2024-25
Budget
to
update
the
water
and
sewer
COSS's.
The
intent
of
the
COSS
is
to
assess
and
evaluate
the
City's
current
water
and
sewer
rates
and
potentially
establish
new
rate
structures(s)
that
adequately
balance
the
short
and
long-term
financial
sustainability
of
the
City's
water
and
sewer
enterprises.
In
addition,
any
proposed
rate
structures
should
demonstrate
each
ratepayer
class
is
paying
its
proportionate
share
of
costs
and
meeting
each
utility's
ongoing
operating
expenditures,
capital
improvement
needs,
fund
reserve
policies,
and
regulatory
requirements.
In
addition
to
evaluating
costs
and
alternative
rate
structures,
there
are
other
goals
associated
with
the
study.
A
new
study
will
provide
the
opportunity
for
current
staff
to
be
involved
in
the
collection
of
data
and
development
of
the
rate
model
which
will
provide
for
a foundational
level
of
knowledge
of
the
information
feeding
into
the
model,
as
well
as
an
understanding
of
how
the
model
can
be
modified
for
different
assumptions
and
scenarios.
The
attached
proposal
specifically
includes
training
for
relevant
City
staff
on
the
new
model.
The
COSS
analysis
will
also
evaluate
the
City's
current
rate
structure
with
regard
to
any
changes
in
state
laws
and
any
applicable
court
cases.
While
the
study
will
evaluate
many
cost
factors,
it
is
not
a
cost
allocation
study.
Overhead
and
administrative
costs
are
allocated
across
the
General
Fund,
Water
and
Sewer
Funds
and
other
funds.
Cost
allocations
benefit
the
Water
and
Sewer
funds
because
ratepayers
only
pay
for
a
portion
of the
administrative
and
overhead
costs
associated
with
operating
the
utilities.
Staff
is
currently
working
with
an
outside
consultant
to
update
the
cost
allocation
plan.
It
is
staffs
intent
to
incorporate
the
updates
to
the
cost
allocation
plan
into
the
new
COSS's.
Staff
is
recommending
Raftelis
be
selected
to
conduct
the
COSS
based
on
their
submitted
proposal,
expertise
and
results
of
their
previous
and
recent
projects,
as
well
as
extensive
experience
performing
similar
studies
for
agencies
throughout
California,
particularly
local
water
agencies,
for
over
30 years.
Poway
Municipal
Code
Chapter
3.28 provides
that
formal
bidding
may
be
waived,
and
selection
of
service
provider
does
not
need
to
follow
bidding
requirements
if
the
services
can
only
be
obtained
from
one
vendor,
or
if the
City
Manager
or
designee
determines
that
competitive
bidding
is
not
in
the
public's
interest.
Based
on
the
reasons
stated
above
staff
has
made
this
determination
.
A
detailed
scope
of
work
and
anticipated
project
schedule
are
included
as
part
of
the
attached
agreement
(Attachment
A).
Highlights
include:
1. Data
collection
and
an
evaluation
of
key
information
for
each
utility
(water
and
sewer)
to
understand
current
dynamics
of
the
City's
utility
system,
finances,
customers,
water
and
sewer
usage
characteristics,
and
existing
rate
and
fee
structure.
2. Detailed
analysis
of
the
revenue
requirements
for
the
City's
water
and
sewer
funds,
including
expenses
for
operations,
debt,
and
capital
projects.
2 of
17 November 19, 2024, Item #6
3. Preparation of a water and sewer rate model, including calculation of the impact to rates and ratepayers with each modeled scenario.
4. Staff training on how to use the rate models and adjust inputs to run various scenarios.
5. Develop and recommend water and sewer rates for consideration over a five-year implementation window on an annual basis: FY2026-30
Once the contract is executed, staff will begin working with Raftelis to initiate the development of the COSS's. Raftelis is ready to begin work on the project immediately. Staffis anticipating an eight-month turnaround.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The fiscal impact of awarding the contract to Raftelis to conduct a comprehensive five-year water and sewer rate study rates is $119,599.
The costs of the study and ongoing support will be charged equally to the Water and Sewer Funds.
Sufficient budgeted funds are available in both the Water and Sewer Funds in relevant accounts for the Water Fund (5100) and Sewer Fund (5200) to award the noted contract at the noted level.
Public Notification:
None.
Attachments:
A. Professional Services Agreement with Raftelis Financial Consultants, Inc.
Reviewed/Approved By:
w~1¾.~
Assistant City Manager
3 of 17
Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
� RAFTELIS
September 30, 2024
Craig Schmollinger
Director of Finance
City of Poway
13325 Civic Center Drive
Poway, CA 92064
Subject: Proposal for a Water and Wastewater Cost-of-Service Study Dear Mr. Schmollinger,
Thank you for the opportunity to submit this proposal for a water, wastewater, and recycled water cost-of-service study (COS Study) for the City of Poway (City). This proposal discusses why we believe that Raftelis can provide superior value to the City and successfully meet the City's objectives.
Project Team
Our proposed project team is composed of experienced rate consulting professionals with extensive financial planning, cost-of-service, and rate design expertise. • Project Manager: Sudhir Pardiwala, PE, will serve as our Project Manager. Sudhir is an Executive Vice President with Raftelis and has more than 40 years of experience serving California water and wastewater utilities. He will be responsible for day-to-day project execution and ensuring that your study objectives are fully met. Sudhir is a registered Municipal Advisor Representative and a contributing author to the Water Environment Federation publication, Manual of Practice No. 27, Financing and Charges for Wastewater Systems (WEF Manual 27). Sudhir led City's 2019 cost-of-service study for the City and has developed rate structure alternatives for dozens of California water and wastewater utilities. • Technical Reviewer: Our project technical reviewer is Mr. Steve Gagnon. Steve is a Vice President with Raftelis and a nationally recognized expert on utility cost-of-service and rate design issues. He has 25 years of industry experience and has been conducting water and wastewater rate studies in Southern California for about 14 years out of my 25 years as an engineering consultant. I am registered as an environmental engineer in Arizona, a Municipal Advisor with the U.S. Securities and Exchange Commission and the chair of the California/Nevada American Water Works Association (CA NV A WW A) Financial Management Committee.
24640 Jefferson Avenue, Suite 207
Murrieta, CA 92562
www.raftelis.com
4 of 17
November 19, 2024, Item #6
ATTACHMENT A
November 19, 2024, Item #6
CITY OF POWAY
2025 COS STUDY PROPOSAL
Project Understanding
Our understanding of the City's primary objectives for the COS Study are:
• Financial Planning: Comprehensive water and wastewater financial plans and revenue requirement projections for the IO-year period FY 2026-FY 2035. • Cost-of-Service Analyses: Water and wastewater cost-of-service analyses that determines the customer class cost-of-service for water, wastewater, and recycled water customer classes. 2 • Proposed Rates: Proposed water, wastewater, and recycled water rates for the five-year period FY 2026 -FY 2030. The rates will be developed in accordance with the intent and requirements of California Proposition 218. The specific effective dates for the proposed rates will be as follows:
Fiscal Year Effective Date
FY 2026 July 1, 2025
FY 2027 July 1, 2026
FY 2028 July 1, 2027
FY 2029 July 1, 2028
FY 2030 July 1, 2029
• Pass-Through Adjustments: The proposed rates developed by Raftelis will explicitly identify rate components for significant costs that are not under direct control of the City. For example, San Diego County Water Authority water supply costs, San Diego Metro JP A wholesale wastewater treatment costs, and electric power costs charged by San Diego Gas & Electric. This will allow the City to implement annual pass-through adjustments for these costs as required. • Rate Benchmarking: Survey of water, wastewater, and recycled water rates and customer bill impacts for up to ten comparable utilities selected by City Staff. • City Council Rate Workshops: Two (2) City Council rate workshops that will be scheduled at dates determined by City Staff. Raftelis will develop proposed presentations for each rate workshop that address the specific topics specified by City Staff. • Microsoft Excel Financial Model and Training: A user-friendly financial model that allows City Staff to conduct financial planning and rate scenario analyses. • Cost-of-Service Report: A comprehensive cost-of-service study report that discusses the assumptions, cost and demand inputs, and calculation methodologies used to develop proposed water, wastewater, and recycled water rates.
• Proposition 218 Notice and Public Hearing: Assistance drafting the City's Proposition 218 notice. Onsite attendance and presentation at the formal Proposition 218 hearing. 5 of 17
November 19, 2024, Item #6
CITY OF POWAY
2025 COS STUDY PROPOSAL
Project Approach
Task 1: Project Initiation, Project Management, and Data Collection
1.1 Initial Data Request
Immediately upon receiving the notice to proceed, Raftelis will submit a comprehensive data request seeking the following types of information:
• Customer accounts by land use type, rate code, and meter size. • Purchased water volumes.
• Customer billed water consumption.
• Operating budgets for each utility service.
• Long-term CIP expenditure projections.
• Recent engineering master plans for each utility service.
1.2 Project Kick-off Meeting
The onsite kick-off meeting will include a discussion of the following types of information:
• Discussion of the effectiveness of the City's existing water, wastewater, and recycled water rate structures.
• Customer demographics, consumption characteristics, and land-use patterns. • Rate structure concerns and rate structure pricing objectives. • Major infrastructure additions and projected capital expenditures. • Outstanding debt principal balances.
• Engineering master plans.
• Financial policies.
• Legal/regulatory issues.
• Key City Council and external stakeholder concerns/perspectives. • Confirmation of project objectives, deliverables, and schedule. • City and Raftelis points of contact and communications protocols.
1.3 Project Management
We believe in a now surprises approach to project management. This includes:
• A commitment to provide quick responses to emails and telephone calls. • Regularly scheduled bi-weekly project check-in meetings. • Immediate identification of challenges/issues that might impair successful project completion.
• Virtual meetings throughout the project to review analyses and results.
1.4 Quality Assurance/ Quality Control Process
3 In every project, we implement a systematic quality assurance program to ensure consistency, accuracy, and validity. Our proposed Technical Reviewer, Steve Gagnon, will ensure that the cost-of-service and rate model developed functions properly and is based on sound rate-making principles and standard industry practice.
MEETINGS:
• Onsite kick-off meeting
6 of 17
November 19, 2024, Item #6
CITY OF POWAY
2025 COS STUDY PROPOSAL
DELIVERABLES:
• Data request; kick-off meeting agenda, presentation materials, and minutes.
Task 2: Analysis of Customer Demand Characteristics and Demand Forecasting
2.1 Analysis of Customer Water Consumption Characteristics 4 The analysis of customer water consumption characteristics is critical to developing the demand forecast that underlies the water and wastewater financial plans, the allocation of costs to customer classes, and the development of proposed rates. After obtaining the City's actual historical customer billing data for the period FY 2022 -FY 2024, Raftelis will seek to analyze the following types of information for each major customer type/land use:
• Account growth by meter size and land use type.
• Monthly, seasonal, and annual water consumption.
• Average day, maximum day, and maximum hour water consumption. • Winter average water consumption as a proxy for indoor water use. • Estimates of wastewater return flows transported to the San Diego Metro JPA. • Historical consumption declines during weather changes and drought stage emergencies.
2.2 Demand Forecasting
Raftelis will prepare comprehensive demand forecasts for the water and wastewater utilities for the IO-year period FY 2026-FY 2035. It will be developed using Microsoft Excel to allow for scenario modeling.
MEETINGS:
• Virtual meetings as required.
DELIVERABLES:
• Detailed understanding of customer water consumption characteristics. • Comprehensive forecast of billed water consumption and billed wastewater demand for the 10-year period FY 2026 -FY 2035.
Task 3: Financial Planning and Revenue Requirement
Forecasting
3.1 Raftelis Approach to the Financial Planning Process Utility financial planning is an iterative process in which the "optimal" capital financing strategy must be identified. This requires achieving the correct balance between CIP financing provided by rate revenues, capacity fees, grants, and external debt financing.
A comprehensive and correctly developed financial plan must be based on a realistic projection of customer water and wastewater demand under normalized climate conditions and reasonable assumptions of customer account growth. The Microsoft Excel financial model developed for the water and wastewater utilities will allow City Staffto vary inputs for items such as customer account growth, average billed water consumption per account, average contributed wastewater 7 of 17
November 19, 2024, Item #6
CIT
Y
OF
POWA
Y
5 2025
COS
STUD
Y
PROPOSAL
flow
per
account,
CIP
expenditures
and
financing
strategies,
operating
expenses
, inflation
rates
,
etc
.
Figure
I illustrates
the
financial
planning
process
that will
be
used
by
Raftelis
for
each
of
the
City's
utility
services.
I'
'
Financial
Data
.
Rate
revenue
proj
ections
.
O
th
er incom
e
.
Op
Ex/
CapE
x
Bud
ge
t
\. I'
'\
Assumptions
.
Cus
to
m
er gro
w
t11
.
OpE
x i
nflation
>--
.
CapE
x infla
tion
.
Changes
in
usage
pattern
s
'-/'
'
Financial
Polic
i<>s
.
O
pe
ratin
g
rese
rve
.
Cap
ital rese
rve
.
Debt
se
rvice
cove
ra
ge
.
O
th
er
fisc
al policies
'-
. .
➔
. . . .
Figure
1:
Financial
Planni
ng
Process
Financial
Pl
an
Foroc;i
st
Ra
te
revenu
e
Oth
er oper
ating
reve
nu
e
O
per
at
ing
-expe
nses
Capital ex
pend
itu
res
Existing
debt
serv
ic
e
Tr
ansfers
Apply
Con
straints
•
Rese
rve
targe
ts
• D
eb
t se
rvice
co
ver
age
requ
irem
ent
s
•
Fun
din
g o
ption
s
Apply
Revonuo
Adjustmonts
•
Equ
al ann
ual
•
As
-nee
ded
•
St
aggere
d
Financial
Plan
Altorn,1tivo
1 Financ
ia
l Plan
Altornativo
2 Financial
Plan
A
ltern
ati
ve
3 3.2
Review
and
Evaluation
of
City
Financial
Policies
Raftelis
will review,
and
as
appropriate,
make
recommendations
regarding
the
City's
financial
policies
for
its
water
and
wastewater
utilities.
These
policies
will
include
items
such
as
your
minimum
and
maximum cash
reserve
targets
, the
use
of
external
debt
financing
for
repair
and
replacement
versus
growth-related
CIP
projects,
and
the
appropriate target
debt
service
coverage
ratios
for
senior
and
subordinated
debt.
3.3 Comprehensive
Cash
Flow
Projection
and
Revenue
Requirement
Forecasting Raftelis
will
develop
water
and
wastewater
financial
plans
for
the
I 0-year
period
FY
2026-2035.
This
will
allow
the
City
to
assess
its
financial
position
in
years
6-10
of
the
projection
period
considering
potential
long-term
changes
in
customer
water
consumption
characteristics,
water
supply
costs
, regulatory
requirements,
etc
. The
comprehensive
cash
flow
projection
will
include:
•
Revenue
Under
Existing
Rates:
A
projection
of
rate
revenues
generated
under
existing
rates
based
on
the
updated
demand
forecast
completed
in
Task
2. The
projection
will
include
billed
water
consumption
across
all
tiers,
customer
types
, and
meter
sizes.
•
Operations
and
Maintenance
Expenses
(O&M):
O&M
expenses
including
inflation
adjustments
and
potential
changes
in
the
profile
of
out-year
O&M
caused
by
system
technological
changes.
•
Potential
Pass-Through
Costs
: The
identification
of
on-going
costs
that
are
not
under
City
control
and
thus
potentially
appropriate
for
recovery
via
a water
and
wastewater rate
"pass
through
" adjustments.
Key
among
these
will
be
San
Diego
County
Water
Authority
8 of17
November 19, 2024, Item #6
CIT
Y
OF
POWAY
2025
COS
STUDY
PROPOSAL
water
supply
costs,
San
Diego
Metro
JP
A
wastewater
treatment
costs,
and
the
electric
power
costs
charged
by
San
Diego
Gas
&
Electric.
•
Debt
Service:
Existing
and
projected
debt
service
expenditures
used
for
CIP
funding,
pension
obligation
funding,
etc.
6 •
CIP
Expenditures:
All
CIP
expenditures,
regardless
of
funding
source,
developed
as
part
of
the
water
and
wastewater
master
planning
process
and
the
City's
long-term
CIP
plan.
3.4 Scenario
Analysis
-Financial
Plan
Optimization
Scenario
analysis
involves
the
determination
of
required
rate
revenue
increases
under
different
utility
sales
for
each
service,
CIP
expenditure,
and
debt
service
alternatives.
It
includes
the
modeling
of
projected
cash
reserve
and
debt
service
coverage
for
each
year
of
the
planning
horizon.
As
instructed
in
the
City's
RFP,
a minimum
of
three
financial
planning
scenarios
will
be
developed.
•
"No
Rate
Increase"
Scenario:
Comprehensive
financial
plans
that
assume
no
rate
increases
over
the
I 0-year
financial
planning
horizon.
•
"More
of
the
Same"
Scenario:
Comprehensive
financial
plans
that
assume
annual
rate
revenue
increases
if
the
City
was
to
replicate
its
previously
approved
historical
rate
increases
over
the
I 0-year
planning
horizon.
•
"Optimal"
Capital
Financing
Scenario
: Development
of
an
"optimal"
capital
financing
strategy
that
balances
the
projected
mix
of
rate
revenues,
capacity fees,
grants,
and
external
debt
funding
to
fund
capital
improvements.
•
Drought
Risk
Assessment:
Assessment
of
the
risk
of
water
sales
revenue
shortfalls
due
to
short-
and
long-term
drought
events.
The
financial
planning
model
will
be
capable
of
performing
different
scenarios
based
on
the
City's
preferences.
3.5 Revenue
Requirement
Projection
Based
on
the
optimal
financial
planning
scenario
developed
in
Task
3.4,
Raftelis
will
project
total
system
revenue
requirement
from
rates
for
the
I 0-year
period
FY
2026
-
FY
2035
for
the
City's
water
and
wastewater
utilities
MEETINGS
:
•
Virtual
meetings
as
required.
DELIVERABLES
:
•
Development
of
the
optimal
financial
planning
scenario
in
consultation
with
City
Staff.
•
Water
and
wastewater
financial
plans
and
revenue
requirement
projections
for
the
10-
year
period
FY
2026-
FY
2035.
9 of
17 November 19, 2024, Item #6
CIT
Y
OF
POWA
Y
7 2025
CO
S
STUD
Y
PROPOS
A
L
•
Potential
recommendations
for
changes
in
financial
policies.
Task
4:
Cost-of-Service
Analysis
4.1 Raftelis
Approach
to
the
Cost-of-Service
Process
The
procedures
used
by
Raftelis
in
water
and
wastewater
cost-of-service
studies
are
based
on
industry
standard
methods
presented
in
the
American
Water
Works
Association
publication,
Manual
of
Water
Supply
Practices
Ml,
Principles
of
Water,
Rates,
Fees,
and
Charges
(AWWA
Manual
Ml)
and
the
Water
Environment
Federation
publication
, Manual
o(Practice
No.
27,
Financing
and
Charges
for
Wastewater
Systems
(WEF
Manual 27).
The
use
of
industry-standard
procedures
corresponds
to
the
cost-of-service
mandate
contained
in
California
Proposition
218.
Figure
2 illustrates
the
multi-step
cost
allocation
process
used
by
Raftelis
for
a water
cost-of
service
study. Step
1 Revenue
Requirement
from
Financial
Plan
Operation
and
Maintenance
Expense
Debt
service
Capital
Costs
Transfers
Figure
2:
Water
Cos
t-of-Service
Process
Step
2 Functionalize
Costs
Source
of
Supply
Treatment
Storage
&
Distribution
Meters
and
Billing
Step
3 Allocate
Functions
to
Demand
Characteristics Base
Maximum
Day
Maximum
Hour
Metering
Fire
Protection
Step
4 Distribute
Costs
to
Customer
Classes
Residential Multifamily
Commercial/
Industrial
Irrigation
Figure
3 illustrates
the
multi-step
cost
allocation
process
used
by
Raftelis
for
a wastewater
cost
of-service
study.
Step
1 Revenue
Requirement
from
Financial
Plan
Operation
and
Maintenance
Expense
Debt
service
Capital
Costs
Transfers
10 of
17 Figure
3:
W
as
tew
ater Cos
t-o
f-Service
Process
Step
2 Functionalize
Costs
Collection/Conveyance Lift
Stations/Pumping
Treatment
Biosolid
Handling
Step
3 Allocate
Functions
to
Demand
Characteristics Flow
Biochemical
Oxygen
Demand
Suspended
Solids
Customer
Service
Step
4 Distribute
Costs
to
Customer
Classes
Residential Multifamily Comme
rcial
Industrial
November 19, 2024, Item #6
CITY
OF
POWAY
8 2025
COS
STUD
Y
PROPOSAL
4.2 Water
and
Wastewater
Cost-of-Service
Analyses
•
Test-Year
Revenue
Requirement:
Determination
of
the
test
year
revenue
requirement
based
on
the
Task
3 financial
planning
process.
Test
year
is
the
first
year
for
which
rates
will
be
implemented.
•
Cost
Functionalization:
Determination
of
the
net
book
value
or
replacement
cost
of
existing
utility
infrastructure
to
the
correct
functional
categories
to
allocate
annual
capital
costs.
Assignment
oftest-year
capital
costs
(PA
YGO
financing
and
projected
debt
service),
O&M
expenses,
and
non-rate
revenue
offsets
to
the
correct
functional
categories.
•
Allocation
to
Cost
Causation
Components:
Allocation
oftest-year
capital
costs,
O&M
expenses,
and
non-rate
revenue
offsets
to
the
correct
cost
causation
components.
For
a
water
utility,
common
cost
causation
components
are
water
supply,
base
demand,
maximum
day
demand,
maximum
hour
demand,
billing,
and
customer
service. Common
wastewater
utility
cost
causation
components
include
flow
and
strength
characteristics
such
as
biochemical
oxygen
demand,
and
suspended
solids.
•
Customer
Class
Units
of
Service:
Determination
of
the
customer
class
units
of
service.
For
a water
utility,
units
of
service
often
include
customer
class
average
day
demands,
peak
demands,
number
of
bills,
and
number
of
3/4"
or
I"
meter
equivalents.
For
a
wastewater
utility,
units
of
service
include
volume
of
flows
and
pounds
of
biochemical
oxygen
demand
and
pounds
of
suspended
solids.
Customer
Class
Cost-of-Service:
Distribution
of
the
allocated
test-year
capital
costs,
O&M
expenses,
and
non-rate
revenue
offsets
to
customer
classes
based
on
each
of
their
proportionate
share
of
demands
, bills
, and
equivalent
meters.
MEETINGS
:
•
Virtual
meetings
as
required.
DELIVERABLES
:
•
FY
2026
water
and
wastewater
customer
class
cost-of-service.
Task
5:
Development
of
Proposed
Rates
Raftelis
will
develop
proposed
rates
for
the
5-year
period
FY
2026
-FY
2030
. The
City's
current
water,
wastewater,
and
recycled
water
rates
are
shown
below.
The
current
rate
structures
were
developed
during
the
2019
cost-of-service
study
after
a comprehensive
analysis
of
a variety
of
rate
structure
alternatives.
11 of
17 November 19, 2024, Item #6
CIT
Y
OF
POWA
Y
9 2025
COS
STUD
Y
PROPOS
A
L
Bi-Monthly
Water
Meter
Service
Charges
Bi-Monthly
Wastewater
Service
Charges
METER
SIZE
CUSTOMER
CLASS
5/8"
$72.69
All
customer
classes•
$33.13
3/4"
and
1"
fire
98 .27
• All
customer
classes
except
schools
1"
149.41
11/2"
277.27
Bi-Monthly
Commodity
Rates
($/Unit
Wastewater)
2"
430
.67
CUSTOMER
CLASS
3"
916
.53
Residential
4"
1,632.50
Single
Family
Residential
$5.46
6"
3,345
.71
Multi-family
&
Mobile
Home
6.85 8"
6,158
.49
Non
-Residential
Bi
-Monthly
Water
Commodity
Charges
($/Unit)
General
Commercial
$5.91
CUSTOMER
CLASS
Medium-low
6.61 Single
Family
Residential
Medium
7.42 Tier
1: 1-20
Units
$6.40
Medium-high
7.58 Tier
2: 21-56
Units
7.46 High
10.44 Tier
3:
57+
Units
10 .37
Light
Industry
6.42 Multi-family
Residential
6.56 Industrial
Special
User
6.48 Landscape
Irrigation
9.09 Government
&
Membership
Organizations
4.85 Non-residential
6.97 Churches
5.91 Recycled
Water
5.68 Elementary
School
(ADA)
5.98 City
Potable
Usage
6.97 Secondary
&
High
School
(ADA)
5.93 5.1
Water
and
Wastewater
Rate
Design
Rates
for
the
City's
existing
water,
wastewater
, and
recycled
customer
classes
will
be
developed
for
the
current
rate
structures.
These
rates
will
be
based
on
the
customer
class
revenue
requirements
developed
in
the
Task
4 Cost-of-Service
Analyses
.
5.2 Evaluation
of
Alternative
Rate
Structures
The
effectiveness
of
the
City's
current
rate
structure
will
be
discussed
during
the
project
kick-off
meeting
in
Task
1. As
part
of
the
Task
5 rate
development
process,
Raftelis
will
develop
one
(1)
alternative
water
rate
structure
and
one
(1)
alternative
wastewater
rate
structure
.
5.3 Pass-Through
Adjustments
The
proposed
rates
developed
by
Raftelis
will
explicitly
identify
rate
components
for
significant
costs
not
under
the
City's
direct
control.
For
example
, San
Diego
County
Water
Authority
water
supply
costs
, San
Diego
Metro
JP
A
wholesale
wastewater
treatment
costs,
and
electric
power
costs
charged
by
San
Diego
Gas
&
Electric
. This
will
allow
the
City
to
implement
annual
pass-through
adjustments
for
these
costs
as
required.
5.4 Proposition
218
Requirements
and
Applicable
California
Litigation
Our
awareness
of
litigation
and
changing
regulatory
requirements
enhances
our
ability
to
serve
the
City.
From
the
initial
kick-off
meeting
through
the
development
of
proposed
rates,
Raftelis
will
stay
focused
on
the
need
to
comply
with the
intent
and
requirements
of
Proposition
218.
Although
we
are
not
a law
firm,
we
closely
follow
litigation
that
may
have
a bearing
on
the
water
rate
structures
implemented
by
our
clients
. For
example:
•
The
California
Court
of
Appeals
is
currently
considering
two
cases
related
to
the
validity
of
tiered
rate
structures.
•
Assembly
Bill
1668
and
SB
606,
requires
that
indoor
water
use
be
a maximum
of
55 gallons
per
capita
per
day
(gpcd).
The
Dept
of
Water
Resources
and
the
State
Water
12 of
17 November 19, 2024, Item #6
CIT
Y
OF
POWA
Y
10 2025
COS
STUD
Y P
ROPOSAL
Resources
Control
Board
are
proposing
further
reduction to
47 gpcd
by
2025
and
42 gpcd
by
2030.
•
Assembly
Bill
755,
which
was
recently
enacted,
requires
utilities
to
quantify
the
cost
of
serving
the
top
10%
of
water
users.
5.5 Customer
Bill
Impacts
and
Sensitivity
Analysis
Rate
adjustments
stem
from
a
change
in
the
revenue
requirement
, and
/ or
a
change
in
the
rate
structure
. The
total
rate
adjustment
can
sometimes
cause
"rate
shock"
to
customers.
In
our
impact
analysis
graphics
, we
calculate
bills
at
each
level
of
usage
assuming
the
new
proposed
rate
structure
was
already
in
place
to
determine
the
"true"
impact
of
the
new
rate
structure
. The
customer
impact
analysis
will
include
a series
of
tables
and
figures
that
show
projected
rate
impacts
by
customer
class
at
various
levels
of
usage.
Understanding
customer
impacts
and
taking
corrective
action,
if necessary,
allows
us
to
design
public
outreach
strategies
for
generating
customer
buy-in
and
successful
rate
implementation. MEETINGS
:
•
Virtual
meetings
as
required.
DELIVERABLES
:
•
Proposed
5-year
water
and
sewer
rates
for
the
period
FY
2026
-
FY
2030.
•
Consideration
of
one
(1)
alternative
rate
structure
for
water
and
one
(1)
alternative
rate
structure
for
wastewater
service.
•
Comprehensive
customer
bill
impacts.
Task
6:
Rate
Survey
Raftelis
will
compare
the
City's
current
and
proposed
rates
with
five
local
water
and
wastewater
agencies.
We
will
include
recycled
water
rates
where
recycled
water
is
available.
While
a
useful
benchmark,
it is worth
noting
that
such
comparisons
only
paint
a partial
picture
since
many
factors,
such
as
water
sources
, age
and
replacement
of
infrastructure,
service
area,
and
other
local
conditions
affect
the
total
cost
of
providing
water
and
wastewater
services.
Raftelis
regularly
conducts
such
surveys
for
our
clients
. We
also
publish
the
nationally
recognized
biennial
Water
and
Wastewater
Rate
Survey
, which
is
co-published
with
A WW
A,
and
the
California-Nevada
Water
and
Wastewater
Rate
Survey,
which
is
co-published
with
the
CA-NV
A WW
A.
Using
the
rate
survey
data,
Raftelis
will
develop
an
Excel
model
to
compare
the
total
bimonthly
water
and
wastewater
bill
amount
of
a typical
residential
customer
within
each
agency.
The
adjustable
inputs
of
the
model
are
water
usage
and
meter
size.
The
model
will
include
the
appropriate
graphs
and
figures
that
display
the
total
bill
of
a typical
customer
in
each
agency
as
illustrated
above.
MEETINGS
:
•
None
DELIVERABLES
:
•
Rate
survey
model
in
Microsoft
Excel.
13 of
17 November 19, 2024, Item #6
CITY OF POWAY 11
2025 COS STUDY PROPOSAL
Task 7: City Council Rate Workshops
Our proposed consulting fee includes the cost of two (2) onsite City Council rate workshops that will be scheduled at dates determined by City Staff. Raftelis will develop proposed presentations for each rate workshop that address the specific topics specified by City Staff. Any presentation prepared by Raftelis will be subject to the review and approval by City Staff prior to presentation.
MEETINGS:
• Two (2) onsite City Council rate workshops.
DELIVERABLES:
• Workshop presentations subject to the review and approval of City Staff.
Task 8: Microsoft Excel Model and Training
Raftelis will develop a user-friendly Microsoft Excel; financial model that allows City Staff to conduct financial planning and rate scenario analyses. Staff will have the opportunity to review and shape the design of the financial model throughout the duration of the project. Our proposed consulting fee includes four ( 4) hours of onsite model training for City Staff.
MEETINGS:
• One (I) on-site meeting and virtual meetings as required.
DELIVERABLES:
• Microsoft Excel financial training
• Four ( 4) hours of onsite model training.
Task 9: Cost-of-Service Study Report
A comprehensive cost-of-service study report will be developed as an outcome of the COS study process. The report will discuss the assumptions, cost and demand inputs, and calculation methodologies used to develop proposed water, wastewater, and recycled water rates. The COS study report will be subject.to review by City Staff and the City's legal counsel.
MEETINGS:
• Virtual meetings as required.
DELIVERABLES:
• Comprehensive cost-of-service study report
Task 10: Proposition 218 Notice and Public Hearing
Raftelis will assist City Staff draft in the drafting of the Proposition 218 notice describing proposed rates for the period FY 2026 -FY 2030. The notice will outline reason for the proposed rates, explain the pass through adjustments that can be implemented by the City, explain the right to challenge the rates, and will meet and comply with all noticing requirements of Proposition 218. Raftelis will then present the study results at a Proposition 218 hearing. We will address the City Council and public questions and comments. Presentation materials will be provided to City Staff beforehand for review prior to the public hearing.
14 of 17
November 19, 2024, Item #6
CITY
OF
PO
WAY
2025
CO
S
STUDY
PROPOSAL
MEETINGS
:
•
Onsite
attendance
at
the
City
Council
Proposition
218
hearing.
DELIVERABLES
:
•
Proposition
218
hearing
presentation.
Proposed
Schedule
Our
proposed
schedule
is
designed
to
result
in
the
implementation
of
new
water,
wastewater,
and
recycled
water
rates
on
July
1,
2025
(i.e.,
at
the
start
of
FY
2026).
2024
2025
12 OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
Task
1;
Project
Initiation,
Project
Management,
and
Data
Collection
Task
2:
Analysis
of
Customer
Demand
Characteristics
and
Demand
Forecasting
Task
3:
Financial
Planning
and
Revenue
Requirement
Forecasting
Task
4:
Cost-of-Service
Analys
is
Task
6:
Development
of
Proposed
Rates
Task
6:
Rate
Survey
Task
7:
City
Council
Rate
Workshops
Task
8:
Microsoft
Excel
Model
and
Training Task
9:
Cost-of-Service
Study
Report
Task
10:
Proposition
218
Notice
and
Public
Hearing
•
In-person
Meetings
•
Web
Meetings
•
Deliverables
15 of
17 •
•• •• •• •• •
Dates
of
two
(2)
City
Council
Rate
Workshops
determined
by
C lty
Staff
.~
to
attend
onslte
.
•• •• •
•
November 19, 2024, Item #6
CIT
Y
OF
POWAY
13 2025
COS
STUD
Y
PROPOSAL
Proposed
Consulting
Fee
Our
proposed
not-to-exceed
consulting
fee
is
shown
below.
The
hourly
billing
rates
shown
in
this
detail
are
listed
below,
along
with
the
hourly
rates
for
staff
on
the following
page.
Our
proposed
fee
also
includes
an
hourly
technology
charge
of$10/hour
for
each
consulting
hour
and
estimated
expenses
for
travel to
on-site
meetings.
----
--
-
•
1 T~tal
Fees
I
Web
1 1 In-person
I
Hours
~
.------,
--
Ad~n
I
-:;:;aj
Exp:nses
J
Tasks
Meetings
Meetings
I
SP
I
SG
I
SC
-
---,
-
-
,.
--•
Task
1:
Project
Initiation,
Project
I
I
Management,
and
Data
12 3
10 26
$8,776
Collection
I
-
-
--,
-
Task
2:
Analysis
of
Customer
Demand
Characteristics
and
4 16
20 $5,320
Demand
Forecasting
-------
-
-
I--
-
Task
3:
Financial
Planning
and
Revenue
Requirement
2 24
4 80
108
$29,720
Fo
_recasting
Task
4:
Cost-of-Service
Analysis
1 I
12 2
32 46
I
$13,020
_
_j_
---
I
Task
5:
Development
of
2 16
4 40
60 -
i-;
17,240
l
Proposed
Rates
I
I _j
ask
6:
Rate
:urvey
---
-1
-
-
--1
I
-
-
I ---
·-
I
I
1 I
8 9
I
$2,250
'
I
-
-
,.
I
Task
7:
City
Council
Rate
I
I
Workshops
2 16
1 8
25 $9,442
,.
i
Task
8:
Microsoft
Excel
Model
and
Training
1 1
10 11
I
$3,006
_J
Task
9:
Cost-of-Service
Study
16 2
70 2
90 $23,620
Report
,.
I -
-
Task
10:
Proposition
218
Notice
$7,206
and
Public
Hearing
12 8
21 j
-
---
416
-
-
--·-
Total
Meetings/
Hours
8 5
113
17 '
282
4 Hourly
Billing
Rate
$400
$360
$220 $100
I
Total
Professional
Fees
$45,200
$6,120
$62,040
$400
$113,760
SP
-Sudhir
Pardiwa/a
, Project
Manager
SG
-Steve
Gagnon
, Technical
Reviev.er
SC
-Staff
Consultant
Adm
in
-Administrative
16 of
17 I_
Total
Fees
$113,760
Total
Expenses
$5,839
Total
Fees
&
Expenses
-
November 19, 2024, Item #6
CITY OF POWAY
2025 COS STUDY PROPOSAL
Proposed Consulting Fee
Hourly Rates for Raftelis Staff:
$400 -Executive Vice President
$360 -Vice President
$320 -Senior Manager
$285 -Manager
$250 -Senior Consultant
$220 -Consultant
$185 -Associate Consultant
$100 -Administration
$IO-Technology/Communications Charge**
Conclusion
14 Raftelis is excited to have the opportunity to assist the City of Poway with this important project.
If you have any questions, please don't hesitate to contact me using the following contact information.
Sincerely,
~
Sudhir Pardiwala, PE Executive Vice President
0 626 583 1894 / M 626 827 8931 / E [email protected] 17 of 17
November 19, 2024, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
November 19, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services q r,!r Cassandra Seaboch, Assistant Engineer
(858) 668-4625 or [email protected]
CITY COUNCIL
Award of Contract to LC Paving & Sealing, Inc., for the FY 2023-24 ADA Barrier Removal -Community Park Project, Bid No. 25-005 and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) This action will award a construction contract for the FY 2023-24 Americans with Disabilities Act (ADA) Barrier Removal -Community Park project to LC Paving & Sealing, Inc., the lowest responsive and responsible bidder. This project involves the construction of an ADA compliant sidewalk and access ramp at the Slack Street entrance to Community Park.
Recommended Action:
It is recommended the City Council:
1) Award the contract for the FY 2023-24ADA Barrier Removal -Community Park project to LC Paving & Sealing, Inc., in the amount of $95,850.00 and authorize the City Manager to execute the contract (Attachment A);
2) Declare the bid submitted by Fordyce Construction, Inc. is non-responsive for failing to acknowledge receipt of bid Addendums; and
3) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).
Discussion:
The FY 2023-24 ADA Barrier Removal -Community Park project is fully funded through the Community Development Block Grant (CDBG) Program. The County of San Diego manages the program and allocates funds to the City. As a requirement of this grant, the City allocates and expends funds for the approved project, which are then submitted to the County for reimbursement. The General Fund (F1000) will provide temporary loans to the CDBG Fund as applicable in the interim to pay for the project.
The FY 2023-24 ADA Barrier Removal -Community Park project consists of ADA upgrades at the Slack Street entrance to Community Park. Improvements include the construction of a new ADA compliant sidewalk, access ramp, and handrails from the east end of Slack Street to the existing walkway inside Community Park. Enhancing ADA accessibility and connectivity at Community Park is one of the 1 of 11
November 19, 2024, Item #7
recommendations
that
came
out
of
the
Community
Park
needs
assessment.
The
contract
time
for
this
project
is
25 working
days
with
an
engineer's
estimate
of
$125,000
.00
.
Construction
is
estimated
to
begin
in
early
January
2025.
The
Slack
Street
entrance
to
Community
Park
will
not
be
available
to
pedestrians
during
construction;
pedestrians
will
be
able
to
enter
Community
Park
via
Buckley
Street
as
an
alternative.
Bids
were
opened
on
September
26,
2024.
The
following
four
bids
were
received:
Company
Total
Bid
Amount
Fordyce
Construction,
Inc.
$75,810.00
LC
Paving
&
Sealing,
Inc.
$95,850.00
Tri-Group
Construction
and
Development,
Inc.
$105,000.00
Palm
Engineering
Construction
Company,
Inc.
$114,495.00
The
apparent
low
bid
of
$75,810.00,
submitted
by
Fordyce
Construction,
Inc.
(Fordyce),
has
been
determined
to
be
non-responsive
for
failing
to
acknowledge
two
addendums
as
part
of
their
bid.
Addendum
No.
2 consists
of
updates
to
the
Davis-Bacon
Wage
rates
and
failure
to
acknowledge
the
addendum
could
not
be
waived
as
a
minor
irregularity.
The
next
apparent
low
bid
of
$95,850.00,
submitted
by
LC
Paving
&
Sealing,
Inc.
is
responsive
to
and
meets
the
requirements
of
the
bid
specifications
. Staff
recommends
City
Council
award
the
construction
contract
to
LC
Paving
&
Sealing,
Inc. Environmental
Review:
The
proposed
remodel
of
an
existing
facility
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA)
as
a
Class
1 Categorical
Exemption,
pursuant
to
Section
15301
(c)
of
the
CEQA
Guidelines,
in
that
the
project
involves
modification
of
an
existing
park
entrance
with
no
expansion
of
use. Fiscal
Impact:
Adequate
funding
in
the
amount
of
$119,394.72
is
available
to
award
the
contract
at
the
noted
amount
in
the
FY
2023-24
ADA
Barrier
Removal
-
Community
Park
project
(PK026)
and
will
be
reimbursed
by
the
County
of
San
Diego
when
the
City
receives
the
CDBG
fund
allocation.
Public
Notification:
None
.
Attachments: A.
Contract
Reviewed/Approved
By:
We
~
Kaserman
Assistant
City
Manager
2 of
11 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
Ch
~
City
Manager
November 19, 2024, Item #7
SECTION
8 CONSTRUCTION
CONTRACT
CITY
OF
POWAY
FY
2023-24
ADA
BARRIER
REMOVAL
-COMMUNITY
PARK
This
Contract
made
and
entered
into
this
20th
day
of
November
2024,
by
and
between
City
of
Poway
, a
municipal
corporation
of
the
State
of
California,
hereinafter
referred
to
as
"City"
and
LC
Paving
&
Sealing,
Inc
., hereinafter
referred
to
as
"Contractor
."
The
City
and
the
Contractor,
for
the
consideration
hereinafter
named,
mutually
agree
as
follows: 1.
The
complete
Contract includes
all
of
the
Contract
Documents
,
which
are
incorporated
herein
by
this
reference,
and
include:
a.
This
Contract
b.
Contract
Addenda
c.
Contract
Change
Orders
d.
Instructions
to
Bidders,
Proposal
Requirements
and
Conditions
e.
Contract
Specifications
f.
Contract
Plans
g.
General
Condition
h.
Special
Conditions
i.
Standard
Spec
ification
for
Public
Works,
most
current
edition
2. The
Contract
Documents
are
complementary,
and
that
which
is
required
by
one
shall
be
as
binding
as
if required
by
all.
3. Contractor
shall
provide
and
furnish
all
labor
,
materials,
necessary
tools,
expendable
equipment,
and
all
utility
and
transportation
services
required
for
the
following
work
of
improvement:
This
project
consists
of
the
construction
of
Americans
with
Disabilities
(ADA)
compliant
sidewalk,
access
ramp
, and
handrails
from
the
end
of
Slack
Street
to
the
existing
walkway
inside
Community
Park
in
the
City
of
Poway.
4. Contractor
agrees
to
perform
all
the
said
work
and
furnish
all
the
said
materials
at
their
own
cost
and
expense
that
are
necessary
to
construct
and
complete
in
strict
conformance
with
Contract
Documents
and
to
the
satisfaction
of
the
City
Engineer,
the
work
hereinafter
set
forth
in
accordance
with
the
Contract
adopted
by
the
City
3 of
11 1
ATTACHMENT
A
November 19, 2024, Item #7
Council.
5. City
agrees
to
pay
and
Contractor
agrees
to
accept
in
full
payment
for
performance
of
this
work
of
improvement
as
described,
the
stipulated
sum
of
$95,850.00
the
"Contract
Price
."
City
agrees
to
make
progress
payments
and
final
payment
in
accordance
with
the
method
set
forth
in
the
Special
Provisions.
6. Contractor
agrees
to
commence
construction
of
the
work
provided
for
herein
with
in
Fifteen
(15)
Calendar
Days
after
the
date
specified
in
the
Notice
to
Proceed
, and
to
continue
diligently
in
strict
conformance
with
Contract
Documents
and
without
interruption,
and
to
complete
the
construction
thereof
within
25 Working
Days
after
the
date
specified
in
the
Notice
to
Proceed.
7. Time
is
of
the
essence
of
this
Contract,
and
it
is
agreed
that
it
would
be
impracticable
or
extremely
difficult
to
ascertain
the
extent
of
actual
loss
or
damage
which
the
City
will
sustain
by
reason
of
any
delay
in
the
performance
of
this
Contract.
It
is,
therefore
, agreed
that
Contractor
will
pay
as
liquidated
damages
to
the
City
the
following
sum
of
$500.00
per
Calendar
Day,
for
each
and
every
Calendar
Days
delay
in
finishing
the
Work
in
excess
of
the
number
of
Working
Days
prescribed
above.
If
liquidated
damages
are
not
paid,
as
assessed
by
the
City,
the
City
may
deduct
the
amount
thereof
from
any
money
due
or
that
may
become
due
the
Contractor
under
this
Contract
in
addition
to
any
other
remedy
available
to
City.
By
executing
this
Contract,
Contractor
agrees
that
the
amount
of
liquidated
damages
is
reasonable
and
shall
not
constitute
a
penalty
.
8. In
accordance
with
State
of
California Senate
Bill
No
. 854,
Contractor
will
maintain
and
will
require
all
subcontractors
to
maintain
valid
and
current
Department
of
Industrial
Relations
(DIR)
Public
Works
Contractor
registration
during
the
term
of
this
project.
Contractor
shall
notify
the
City
in
writing
immediately,
and
in
no
case
more
than
twenty-four
(24)
hours,
after
receiving
any
information
that
Contractor
's
or
any
of
its
Subcontractor's
DIR
registration
status
has
been
suspended,
revoked,
expired,
or
otherwise
changed.
9. Contractor
will
pay,
and
will
require
all
subcontractors
to
pay
, all
employees
on
said
Contract
a
salary
or
wage
at
least
equal
to
the
prevailing
salary
or
wage
established
for
such
work
as
set
forth
in
the
wage
determinations
and
wage
standards
applicable
to
this
work,
a
copy
of
which
is
on
file
in
the
office
of
the
City
Clerk
of
the
City
of
Poway.
Federal
prevailing
wage
rates
apply
for
federally
funded
projects.
Travel
and
subsistence
pay
shall
be
paid
in
accordance
with
Labor
Code
§1773.1
.
10. Contractor
shall
be
subject
to
the
penalties
in
accordance
with
Labor
Code
of
§
1775
for
each
worker
paid
(either
by
Contractor
or
by
any
subcontractors
under
Contractor)
less
than
the
prevailing
rate
described above
on
the
work
provided
for
in
this
Contract.
2 4
of
11 November 19, 2024, Item #7
11. Contractor
and
subcontractors
shall
comply
with
Labor
Code
§
1810
and
§
1811
which
stipulates
that
eight
hours
labor
constitutes
a
legal
day's
work,
and§
1812
which
stipulates
that
the
Contractor
and
subcontractors
shall
keep
an
accurate
record
showing
the
name
of
and
actual
hours
worked
each
calendar
day
and
each
calendar
week
by
each
worker
employed
by
them
in
connection
with
the
work
performed
under
the
terms
of
the
Contract.
Failure
to
comply
with
these
sections
of
the
Labor
Code
will
subject
the
Contractor
to
penalty
and
forfeiture
provisions
of
the
Labor
Code§
1813.
12. Contractor
will
comply
with
the
provisions
of
Labor
Code§
1777
.5
pertaining
to
the
employment
of
apprentices
to
the
extent
applicable
to
this
Contract.
13. Contractor,
by
executing
this
Contract,
hereby
certifies:
"I
am
aware
of
and
will
comply
with
the
Labor
Code
§
3700
by
securing
payment
for
and
maintaining
in
full
force
and
effect
for
the
duration
of
the contract,
complete
Workers'
Compensation
Insurance,
and
shall
furnish
a
Certificate
of
Insurance
to
the
City
before
execution
of
the
Contract.
The
City
,
its
officers,
or
employees,
will
not
be
responsible
for
any
claims
in
law
or
equity
occasioned
by
failure
of
the
Contractor
to
comply
with
this
paragraph."
Contractor
further
agrees
to
require
all
subcontractors
to
carry
Workers'
Compensation
Insurance
as
required
by
the
Labor
Code
of
the
State
of
California.
14 .
Contractor
shall
, concurrent
with
the
execution
of
this
Contract
, furnish
two
bonds
approved
by
the
City,
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
, to
guarantee
the
faithful
performance
of
the
work
("Performance
Bond")
, and
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
to
guarantee
payment
of
all
claims
for
labor
and
materials
furnished
("Payment
Bond")
.
This
Contract
shall
not
become
effective
until
such
bonds
are
supplied
to
and
approved
by
the
City
.
15 .
a.
Contractor
shall
procure
and
maintain
at
its
own
expense,
until
completion
5 of
11 of
performance
, commercial
general
liability
insurance
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence
, and
Two
Million
Dollars
($2
,000,000)
in
the
aggregate,
for
bodily
injury,
personal
injury,
death,
loss
or
damage
resulting
from
the
wrongful
or
negligent
acts
by
the
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors.
Contractor
shall
provide
insurance
on
an
occurrence,
not
claims
made
basis.
Contractor
acknowledges
and
agrees
that,
for
purposes
of
clarification
with
the
intention
of
avoiding
gaps
in
coverage
with
any
umbrella
or
excess
insurance,
personal
and
advertising
injury
coverage
shall
be
triggered
by
an
"offense"
while
bodily
injury
and
property
damage
coverage
shall
be
triggered
by
an
"occurrence"
during
the
policy
period.
b.
Contractor
shall
further
procure
and
maintain
at
its own
expense,
until
3 November 19, 2024, Item #7
6 of
11 completion
of
performance,
commercial
vehicle
liability
insurance
covering
personal
injury
and
property
damage,
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
covering
any
vehicle
utilized
by
Contractor
or
its
officers
, employees,
servants,
volunteers
and
agents
and
independent
contractors
in
performing
the
services
required
by
this
Agreement.
c.
Contractor
shall
further
procure
and
maintain
at
its
expense
,
until
completion
of
performance,
workers'
compensation
insurance
providing
coverage
as
required
by
the
California
State
Workers'
Compensation
Law.
If
any
class
of
employees
employed
by
the
Contractor
pursuant
to
this
Agreement
is
not
protected
by
the
California
State
Workers'
Compensation
Law,
Contractor
shall
provide
adequate
insurance
for
the
protection
of
such
employees
to
the
satisfaction
of
the
City.
This provision
shall
not
apply
if
Contractor
has
no
employees
performing
work
under
this
Agreement.
Contractor
agrees
to
waive
its
statutory
immunity
under
any
worker's
compensation
or
similar
statute,
as
respecting
the
City
, and
to
require
any
and
all
subcontractors
and
any
other
person
or
entity
involved
with
the
Project
to
do
the
same
.
Worker's
Compensation
Insurance:
o
Contractor
has
no
employees
and
is
exempt
from
workers'
compensation
requirements
.
o
Contractor
carries
workers'
compensation
insurance
for
all
employees.
d.
All
policies
required
by
this
section
shall
be
secured
from
insurers
authorized
to
do
business
in
the
State
of
California
with
an
"A"
policyholder's
rating
or
better
and
a
financial
rating
of
at
least
Class
VII,
in
accordance
with
the
current
Best's
Ratings
.
e.
Contractor
agrees
to
require
that
all
parties,
including
but
not
limited
to
subcontractors,
architects,
engineers
or
others
with
whom
Contractor
enters
into
contracts
or
whom
Contractor
hires
or
retains
pursuant
to
or
in
any
way
related
to
the
performance
of
this
Agreement,
provide
the
insurance
coverage
required
herein,
at
minimum,
and,
except
for
worker's
compensation
coverage,
name
as
additional
insureds
the
parties
to
this
Agreement.
Contractor
agrees
to
monitor
and
review
all
such
coverage
and
assumes
all
responsibility
for ensuring
that
such
coverage
is
provided
in
conformity with
the
requirements
of
this
Section
.
f.
In
the
event
this
Agreement
is
terminated
for
any
reason
prior
to
the
completion
of
all
obligations
and
requirements
of
this
Agreement,
Contractor
agrees
to
maintain
all
coverages
required
herein
until
the
City
provides
written
authorization
to
terminate
the
coverages
following
the
City's
review
and
determination
that
all
liability
posed
under
this
Agreement
as
to
the
party
providing
insurance
has
been
eliminated
.
g.
Contractor
agrees
and
acknowledges
that
if
it
fails
to
obtain
all
of
the
insurance
required
in
this
Agreement
in
accordance
with
the
requirements
herein,
4 November 19, 2024, Item #7
or
to
obtain
and
ensure
that
the
coverage
required
herein
is
maintained
by
any
subcontractors
or
others
involved
in
any
way
with
the
Project,
Contractor
shall
be
responsible
for
any
losses,
claims,
suits,
damages,
defense
obligations,
or
liability
of
any
kind
or
nature
attributable
to
the
City,
and/or
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors,
that
result
from
such
failure
by
Contractor.
16. a.
Contractor
shall
provide
certificates
of
insurance
with
original
endorsements
to
the
City
as
evidence
of
the
insurance
coverage
required
herein
.
Certificates
of
such
insurance
shall
be
filed
with
the
City
on
or
before
commencement
of
performance
of
this
Agreement.
Current
certification
of
insurance
shall
be
kept
on
file
with
the
City
at
all
times
until
completion
of
performance
and
acceptance
by
the
City
.
b.
Notwithstanding
any
inconsistent
statement
in
any
required
insurance
policies
or
any
subsequent
endorsements
attached
thereto,
the
commercial
general
liability
and
commercial
vehicle
. liability
policies
shall
bear
endorsements
whereby
it
is
provided
that
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors
are
named
as
additional
insureds.
Additional
insureds
shall
be
entitled
to
the
full
benefit
of
all
insurance
policies
in
the
same
manner
and
to
the
same
extent
as
any
other
insureds
and
there
shall
be
no
limitation
to
the
benefits
conferred
upon
them
other
than
policy
limits
to
coverages. c.
Contractor
shall
require
the
carriers
of
all
required
insurance
policies
to
waive
all
rights
of
subrogation
against
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.
d.
Each
policy
required
herein
must
be
endorsed
to
provide
that
the
policy
shall
not
be
cancelled
in
coverage
or
limits
(except
by
paid
claims)
unless
the
insurer
has
provided
the
City
with
30 days
prior
written
notice
of
cancellation.
Contractor
agrees
to
provide
the
City
with
30 days
written
notice
prior
to
any
non
renewal
or
reduction
in
coverage
or
limits.
e.
All
insurance
policies
required
to
be
provided
by
Contractor
or
any
other
party
must
be
endorsed
to
provide
that
the
policies
shall
apply
on
a
primary
and
noncontributing
basis
in
relation
to
any
insurance
or
self-insurance,
primary
or
excess,
maintained
or
available
to
the
City,
and
its
officers,
employees
, servants,
volunteers,
agents
and
independent
contractors
.
17. a.
Contractor
shall
defend
, indemnify
and
hold
harmless
the
City,
its
officers,
7 of
11 officials,
agents,
employees
and
volunteers
from
and
against
any
and
all
claims,
demands,
actions,
losses,
damage,
injuries,
and
liability,
direct
or
indirect
(including
any
and
all
costs
and
expenses
in
connection
therewith)
to
the
extent
actually
caused
by
the
negligence
of
Contractor,
Contractor's
employees,
subcontractors
or
independent
contractors
except
for any
such
claim
arising
out
of
the
negligence
or
willful
misconduct
of
the
City,
or
its
officers,
agents,
employees
or
volunteers.
5 November 19, 2024, Item #7
b.
The
City
does
not,
and
shall
not,
waive
any
rights
that
it may
have
against
Contractor
under
this
Section
because of
the
acceptance
by
the
City,
or
the
deposit
with
the
City,
of
any
insurance
policy
or
certificate
required
pursuant
to
this
Agreement.
The
hold
harmless,
indemnification
and
duty
to
defend
provisions
of
this
Section
shall
apply
regardless
of
whether
or
not
said
insurance
policies
are
determined
to
be
applicable
to
the
claim,
demand,
action,
damage,
liability,
loss,
cost
or
expense
described
herein.
18. Any
amendments
to
any
of
the
Contract
Documents,
including
but
not
limited
to
Contract
Change
Orders,
must
be
in
writing executed
by
the
Contractor
and
the
City.
Any
time
an
approval,
time
extension,
or
consent
of
the
City
is
required
under
the
Contract
Documents,
such
approval,
extension,
or
consent
must
be
in
writing
in
order
to
be
effective.
19. The
Contract
Documents
contain
all
of
the
agreements
and
understandings
of
the
parties
and
all
previous
understandings,
negotiations,
and
contracts
are
integrated
into
and
superseded
by
this
Contract.
20. In
the
event
that
any
one
or
more
of
the
phrases,
sentences,
clauses,
paragraphs,
or
sections
contained
in
this
Contract
shall
be
declared
invalid
or
unenforceable
by
a
valid
judgment
or
decree
of
a
court
of
competent
jurisdiction,
such
invalidity
or
unenforceability
shall
not
affect any
of
the
remaining
phrases,
sentences,
clauses,
paragraphs,
or
sections
of
this
Contract
which
are
hereby
declared
as
severable
and
shall
be
interpreted
to
carry
out
the
intent
of
the
parties
hereunder.
21. The
persons
executing
this
Contract
on
behalf
of
the
parties
hereto
warrant
that
they
are
duly
authorized
to
execute
this
Contract
on
behalf
of
said
parties
and
that,
by
so
executing
this
Contract,
the
parties
hereto
are
formally
bound
to
the
provisions
of
this
Contract.
22. This
Contract
shall
be
binding
upon
and
shall
inure
to
the
benefit
of
the
parties
hereto
and
their
respective
heirs,
personal
representatives,
successors,
and
assigns.
23. In
performing
its
obligations
and
duties
under
this
Contract,
each
party
shall
comply
with
all
applicable
local,
state,
and
federal
laws,
regulations,
rules,
standards
and
ordinances.
24. This
Contract
may
be
executed
by
the
parties
in
counterparts,
which
counterparts
shall
be
construed
together
and
have
the
same
effect
as
if
all
of
the
parties
had
executed
the
same
instrument.
25. After
completion
of
the
work contemplated
by
this
Contract,
Contractor
shall
file
with
the
City
Manager
an
affidavit
stating
that
all
workers
and
persons
employed,
all
firms supplying
materials,
and
all
subcontractors
upon
the
project
have
been
paid
in
full,
and
that
there
are
no
claims
outstanding
against
the
project
for
either
labor
or
materials,
except
certain
items,
if any,
to
be
set
forth
in
an
affidavit
covering
disputed
claims
or
items
in
connection
with
a
Stop
Notice
that
has
been
filed
under
6 8
of
11 November 19, 2024, Item #7
the
provision
of
the
laws
of
the
State
of
California.
26. All
work
shall
be
subject
to
inspection
and
testing
by
City
and
its
authorized
representatives
during
manufacture
and
construction
and
all
other
times
and
places,
including,
without
limitation,
the
plans
of
Contractor
and
any
of
its
suppliers.
Contractor
shall
provide
all
reasonable
facilities
and
assistance
for
the
safety
and
convenience
of
inspectors.
All
inspections
and
tests
shall
be
performed
in
such
manner
as
to
not
unduly
delay
the
work.
The
Work
shall
be
subject
to
final
inspection
and
acceptance
notwithstanding
any
payments
or
other
prior
inspections.
Such
final
inspection
shall
be
made
within
a
reasonable
time
after
completion
of
the
work.
27. Whenever
Contractor
has
knowledge
that
any
actual
or
potential
labor
dispute
is
delaying
or
threatens
to
delay
the
timely
performance
of
the
Contract,
Contractor
shall
immediately
give
notice
thereof,
including
all
relevant
information
with
respect
thereto,
to
City
.
28. Contractor
agrees
to
contact
the
appropriate
regional
notification
center
in
accordance
with
Government
Code
Section
4216.2.
29. Contractor
shall
submit
its
detailed
plan
for
worker
protection
during
the
excavation
of
trenches
required
by
the
scope
of
the
work
in
accordance
with
Labor
Code
Section
6705
.
30. a.
Contractor
shall,
without
disturbing
the
condition,
notify
City,
in
writing,
as
9 of
11 soon
as
Contractor,
or
any
of
Contractor's
subcontractors,
agents,
or
employees
have
knowledge
and
reporting
is
possible,
of
the
discovery
of
any
of
the
following
conditions:
i.
The
presence
of
any
material
that
Contractor
believes
is
hazardous
waste,
as
defined
in
Section
25117
of
the
Health
and
Safety
Code;
ii.
Subsurface
or
latent
physical
conditions
at
the
site
differing
from
those
indicated
in
the
specifications;
or
iii.
Unknown
physical
conditions
at
the
site
of
any
unusual
nature,
different
materially
for
those
ordinarily
encountered
and
generally
recognized
as
inherent
in
work
of
the
character
provided
for
in
this
Contract.
b.
Pending
a
determination
by
City
of
appropriate
action
to
be
taken,
Contractor
shall
provide
security
measures
(e
.g.,
fences)
adequate
to
prevent
the
hazardous
waste
or
physical
conditions
from
causing
bodily
injury
to
any
person.
c.
City
shall
promptly
investigate
the
reported
conditions.
If
City,
through
and
in
the
exercise
of
its
sole
discretion,
determines
that
the
conditions
do
materially
differ
or
do
involve
hazardous
waste,
and
will
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work
, then
City
shall
issue
a
change
order.
7 November 19, 2024, Item #7
d.
In
the
event
of
a
dispute
between
City
and
Contractor
as
to
whether
the
conditions
materially
differ,
or
involve
hazardous
waste,
or
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
Contractor
shall
not
be
excused
from
any
scheduled
completion
date,
and
shall
proceed
with
all
work
to
be
performed
under
the
contract.
Contractor
shall
retain
any
and
all
rights
that
pertain
to
the
resolution
of
disputes
and
protests
between
the
parties.
31. This
Contract
is
to
be
governed
by
the
laws
of
the
State
of
California.
32. All
work
shall
be
guaranteed
for
a
period
of
one
(1)
year
from
the
date
of
acceptance
by
the
City.
Contractor
shall
promptly
make
all
needed
repairs
arising
out
of
defective
materials,
workmanship,
and
equipment.
1 O
of
11 City
is
hereby
authorized
to
make
such
repairs
if within
ten
(10)
days
after
giving
written
notice
to
Contractor,
or
its
agent,
Contractor
should
fail
to
make
or
undertake
with
due
diligence
the
aforesaid
repairs;
provided,
however,
that
in
case
of
an
emergency,
where,
in
the
opinion
of
City,
delay
would
cause
serious
loss
or
damage,
repairs
may
be
made
without
notice
being
sent
to
Contractor,
and
Contractor
shall
pay
the
costs
thereof.
(Remainder
of
page
intentionally
left
blank)
8 November 19, 2024, Item #7
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written.
Contractor's Name:
LC Paving & Sealing, Inc.
Print Name of Construction Company
By: -------------
Signature
Jose Salinas
Print Name
Contractor information:
Address for Notices and Payments
620 Alpine Way
Escondido, CA 92029
Telephone Number: 760-752-1743
Email: [email protected]
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
11 of 11
CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
9 November 19, 2024, Item #8
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
November 19, 2024
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief
Ray Fried, Fire Battalion Chief
858-668-4460 or [email protected]
CITY COUNCIL
Authorization to Purchase Ten (10) Lifepak 35 ECG Monitor/Defibrillators for Fiscal Year 2025-26
The Poway Fire Department maintains ten (10) Lifepak 15 Electrocardiogram (ECG) Monitor/Defibrillator devices to provide uninterrupted Advanced Life Support (ALS) services to the community. These devices will soon reach the end of their serviceable life. In order to secure the best pricing, the Poway Fire Department is seeking approval to commit to the replacement of all ECG devices in Fiscal Year (FY) 2025-26. This commitment will secure the current pricing before a scheduled cost increase in January of 2025. Using approved sole source procurement, a quote in the amount of $546,023.78 has been received from Lifepak.
Recommended Action:
It is recommended the City Council approve the purchase of ten (10) Lifepak 35 Electrocardiogram (ECG) Monitor/Defibrillators to replace the existing devices that have reached end of life.
Discussion:
The manufacturer reports a seven-to-eight-year life expectancy for the Lifepak 15 ECG Monitor/Defibrillators. All devices currently in service are due for replacement. The Poway Fire Department was able to extend the life of the existing Lifepak 15 devices through a robust preventative maintenance program, with some units having been purchased in 2010. The Fire Department has delayed the purchase of new Lifepak Monitor/Defibrillators until the new Lifepak 35 model was released in April 2024 so funding was not used to purchase outgoing technology. The Lifepak Monitor/Defibrillators are a critical and necessary piece of equipment used on a majority of medical responses to monitor patient vital signs and heart rhythms, as well as advanced invasive cardiac treatments when necessary.
Poway Municipal Code Chapter 3.28.080(() provides that formal or informal bidding may be waived 1 of 5
November 19, 2024, Item #8
when the supplies or equipment are required to match or be compatible with other supplies or equipment previously purchased by the City. Lifepak Monitor/Defibrillators are manufactured by Stryker; Stryker also manufacturers the LUCAS cardiac compression system utilized on Fire Department apparatus which will seamlessly link to the Lifepak 35 during cardiac arrest. The data from the Lifepak 35 will download its information to Stryker's LifeNet and Code-Stat programs, which the Fire Department uses for mandated cardiac data retention.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The City proactively plans for the replacement of its equipment by annually setting aside a portion of the anticipated replacement costs along with inflationary cost adjustments to account for increases in equipment costs. The purchase of ten (10) Lifepak 35 ECG Monitor/Defibrillators will be made with funds from the Capital Replacement Fund (503050-55200) along with additional funds to be requested as a part of the FY 2025-26 budget process.
The total cost of equipment to be purchased in FY 2025-26 as a result of this action is $546,023.78 after a trade-in credit of $48,500. Currently, the Capital Replacement Fund for this equipment has a total of $430,000 available identified for the noted replacement equipment. It is anticipated an additional $70,000 will be added to the Capital Replacement Fund in FY 2025-26 leaving $46,023.78 to be requested during the budget process.
Public Notification:
None.
Attachments:
A Lifepak 35 Quote
Reviewed/Approved By:
wenQ Kaserman
Assistant City Manager
2 of 5
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
November 19, 2024, Item #8
stryker
Poway Lifepak 35
Quote Number:
Version:
Prepared For:
Quote Date:
Expiration Date:
Contract Start:
Contract End:
Delivery Address
10989604
POWAY FIRE DEPT SAFETY SVCS
Attn:
10/09/2024
01/07/2025
09/18/2024
09/17/2025
Remit to:
Rep:
Email:
Phone Number:
Stryker Sales, LLC
21343 NETWORK PLACE
CHICAGO IL 60673-1213
USA
Craig Chandler
[email protected]
6195341839
Bill To Account
Name: POWAY FIRE DEPT SAFETY
SVCS
Sold To• Shipping
Name: POWAY FIRE DEPT SAFETY
SVCS
Name: POWAY FIRE DEPT
Account#: 20096857 Account#: 20096857 Account#: 20096195 Address: 13050 COMMUNITY RD Address: 13050 COMMUNITY RD Address:
POWAY POWAY
California 92064-5702 California 92064-5702
Equipment Products:
# Product Description Qty Sell Price Total
1.0 70335-000042 LP35,EN-US,MAS-SP/CO,MED-CO2,SUN-NIBP, 12L,WIFI/ 10 $47,288.00
CELULN/CPRIN,STD,BT
2.0 11335-000001 LIFEPAK FLEX Lithium-Ion Battery 20 $920.00
3.0 11140-000102 LIFEPAK FLEX Battery Charger 3 $2,760.00
4.0 11140-000131 AC Power Cord (North America, hospital grade) 3 $99.36
5.0 11996-000519 LNCS-11 Reusable rainbow 8-wavelength Adult Sensor 10 $790.28
6.0 11996-000520 LNCS-11 Reusable rainbow 8-wavelength Pediatric Sensor 10 $869.40
7.0 11160-000013 Reusable Cuff, Pediatric, 13-20 cm 10 $31.28
8.0 11160-000017 Reusable Cuff, Large, Adult, 32-42 cm 10 $43.24
9.0 11160-000019 Reusable Cuff, X-Large, Adult, 35-44 cm 10 $61.64
10.0 11335-000005 LIFEPAK Printer Kit 10 $2,760.00
11.0 11335-000008 LIFEPAK 35 Storage Bag Kit 10 $552.00
12.0 11260-000073 Shoulder Strap 10 $69.00
Equipment Total:
Trade In Credit:
1 Stryker Medical -Accounts Receivable [email protected] -PO BOX 93308 -Chicago, IL 60673-3308 3 of 5 ATTACHMENT A
$472,880.00
$18,400.00
$8,280.00
$298.08
$7,902.80
$8,694.00
$312.80
$432.40
$616.40
$27,600.00
$5,520.00
$690.00
$551,626.48
November 19, 2024, Item #8
stryker
Poway Lifepak 35
Quote Number: 10989604 Remit to:
Version:
Prepared For: POWAY FIRE DEPT SAFETY SVCS
Attn:
Rep:
Email:
Quote Date:
Expiration Date:
Contract Start:
Contract End:
Product
TR-LP15H-LP35
TR-LP15V2-LP35
10/09/2024
01/07/2025
09/18/2024
09/17/2025
Data Solutions:
#
Phone Number:
Description
TRADE IN LP15 V4 HIGH FOR LP35
TRADE IN LP15 V2 FOR LP35
Description Product
81000001 ---·· 13.0
Price Totals:
Prices: In effect for 30 days
Terms: Net 30 Days
EMS Pro Tier 1: <5,000 annual run volume. Includes: device set up tools, asset management, transmission connectivity, ePCR integration, LIFENET Care app and browser access
for communication, live streaming and post event analytic tools.
2 Stryker Sales, LLC
21343 NETWORK PLACE
CHICAGO IL 60673-1213
USA
Craig Chandler
[email protected]
6195341839
Qty Credit Ea. Total Credit
3 -$8,000.00 -$24,000.00
7 -$3,500.00 -$24,500.00
Qty Sell Price Total
$500.00 $3,000.00
Data Solutions Total: $3,000.00
Estimated Sales Tax (7 .750%): $38,992.30
Freight/Shipping: $905.00
Grand Total: $546,023.78
Stryker Medical -Accounts Receivable [email protected] -PO BOX 93308 -Chicago, IL 60673-3308 4of 5
November 19, 2024, Item #8
stryker
Poway Lifepak 35
Quote Number:
Version:
Prepared For:
Quote Date:
Expiration Date:
Contract Start:
Contract End:
10989604
POWAY FIRE DEPT SAFETY SVCS
Attn:
10/09/2024
01/07/2025
09/18/2024
09/17/2025
Terms and Conditions:
Remit to:
Rep:
Email:
Phone Number:
Stryker Sales, LLC
21343 NETWORK PLACE
CHICAGO IL 60673-1213
USA
Craig Chandler
[email protected]
6195341839
Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker's prior written approval, except as may be requested by law or by lawful order of any applicable government agency. A copy of Stryker Medical's terms and conditions can be found at https:// techweb.stryker.com/Terms Conditions/index.html.
3 Stryker Medical -Accounts Receivable [email protected] -PO BOX 93308 -Chicago, IL 60673-3308 5 of 5
November 19, 2024, Item #9
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
November 19, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services''i
Douglas Nguyen, Assistant Engineerl)N
858-668-4605, [email protected]
CITY COUNCIL
Approval of Consultant Agreement with Hoch Consulting to provide design services for the Annual Sewer Line Repair/Replacement & Manhole Rehabilitation Project; RFP No. 25-005
This action will award a Consultant Agreement to Hoch Consulting to provide design services for the Annual Sewer Line Repair/Replacement & Manhole Rehabilitation Project.
Recommended Action:
It is recommended the City Council approve the Consultant Agreement (Attachment A) with Hoch Consulting, in the amount of $204,529.05, for the Annual Sewer Line Repair/Replacement & Manhole Rehabilitation Project per the outlined terms of the agreement and authorize the City Manager to execute the necessary documents.
Discussion:
In 2013, the City of Poway updated the City's Sanitary Sewer Master Plan ("Master Plan") to reflect growth in the City's development, modifications to the wastewater system and ongoing water conservation efforts. The objectives of the Master Plan were to evaluate the capacity of Poway's conveyance system, provide a general assessment of the condition of the existing sewer collection system and develop a recommended comprehensive Capital Improvement Program. While substantial progress has been made to complete identified projects, ongoing sewer line replacement and manhole rehabilitation projects remain to be completed.
The City's Public Works Department has identified and prioritized assets for sewer line and manhole repairs. The highest priority locations are:
• Replacement of 340 feet of 8" vitrified clay pipe (VCP) sewer mainline and several sewer laterals along Saint Andrews Drive between Starmount Way and Burning Hills Drive. • Repair near 13500 Pomerado Road in the VCP sewer line approximately 20 feet from the 1 of 22
November 19, 2024, Item #9
upstream
manhole.
•
Repair
of
an
8"
pipeline
along
Somerset
Road.
•
Rehabilitation
of
approximately
130
manholes
identified
Citywide.
On
September
17,
2024,
the
Development
Services
Department
issued
a
Request
for
Proposal
(RFP
No.
25-005)
to
assess
the
conditions
and
design
the
repair,
replacement
and
rehabilitation
of
the
sewer
lines
and
manholes
identified
above.
The
City
received
proposals
from
two
consulting
firms.
After
evaluating
and
scoring
the
proposals,
staff
concluded
Hoch
Consulting
is
the
most
qualified
consultant
for
this
project.
The
consultants
were
evaluated
and
ranked
based
on
their
qualifications,
experiences,
and
past
performances
on
similar
projects.
Hoch
Consulting
is
familiar
with
this
type
of
work
and
presented
a
team
with
specific
experience
in
sewer
line
and
manhole
assessment,
design,
rehabilitation
and
replacement
projects.
Hoch
also
provided
the
best
value
to
the
City
and
negotiated
a
price
that
is
fair
and
reasonable.
The
project
scope
includes
surveying
the
reaches
requiring
open-cut
trenching
for
pipeline
replacement,
conducting
manhole
inspections
using
CCTV
technology,
preparation
of
design
plans
,
technical
specifications
and
cost
estimates
and
coordination
with
utility
companies
.
Environmental
Review:
This
action
to
approve
the
consultant
agreement
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
required.
Fiscal
Impact:
There
is
sufficient
funding
available
in
the
Annual
Sewer
Line
Repair
&
Replacement
project
(SW001)
and
Annual
Sewer
Manhole
Rehabilitation
project
(SW002)
to
fund
this
request
at
the
noted
level.
The
consultant's
fee
will
be
based
on
the
scope
of
work
as
outlined
in
the
Consultant
Agreement
and
the
not-to-exceed
fee
of
$204,529.05.
Public
Notification:
None. Attachments: A.
Consultant
Agreement
Reviewed/Approved
By:
Assistant
City
Manager
2 of22
Reviewed
By:
Alan
Fenstermacher
City
Attorney
Chris
Hazeltine
City
Manager
November 19, 2024, Item #9
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
20 th
day
of
November,
2024,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
HOCH
CONSUL
TING,
APC
(hereinafter
referred
to
as
"Consultant").
RECITALS
WHEREAS,
City
desires
to
obtain
the
services
of
a
private
consultant
to
perform
design
services
for
the
Annual
Sewer
Line
Repair/Replacement
&
Manhole
Rehabilitation
Project
(Project);
WHEREAS,
Consultant
is
an
engineering
design
consultant
and
has represented
that
Consultant
possesses
the
necessary
qualifications
to
provide
such
services;
and
WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Consultant
as
hereinafter
set
forth.
NOW,
THEREFORE,
IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONSUL
TANT
ON
THE
FOLLOWING
TERMS
AND
CONDITIONS:
1. Scope
of
Services.
Consultant
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
2. Compensation
and
Reimbursement.
City
shall
compensate
. and
reimburse
Consultant
as
provided
in
• Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
3. Term
of
Agreement.
The
term
of
this
Agreement
shall
be
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.
Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Consultant.
During
said
60-
day
period
Consultant
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.
This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of
this
Agreement,
misrepresentation
by
Consultant
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services,
or
the
failure
to
perform
services
as
directed
by
City.
Termination
for
cause
shall
be
effected
by
delivery
of
written
notice
of
termination
to
Consultant.
Such
termination
shall
be
effective
upon
delivery
of
said
notice.
3 of22
ATTACHMENT
A
November 19, 2024, Item #9
5. Confidential
Relationship.
City
may
from
time
to
time
communicate
to
Consultant
certain
information
to
enable
Consultant
to
effectively
perform
the
services.
Consultant
shall
treat
all
such
information
as
confidential,
whether
or
not
so
identified,
and
shall
not
disclose
any
part
thereof
without
the
prior
written
consent
of
the
City.
Consultant
shall
limit
the
use
and
circulation
of
such
information,
even
within
its
own
organization,
to
the
extent
necessary
to
perform
the
services.
The
foregoing
obligation
of
this
Paragraph
5,
however,
shall
not
apply
to
any
part
of
the
information
that
(i)
has
been
disclosed
in
publicly
available
sources
of
information;
(ii)
is,
through
no
fault
of
Consultant,
hereafter
disclosed
in
publicly
available
sources
of
information;
(iii)
is
now
in
the
possession
of
Consultant
without
any
obligation
of
confidentiality;
or
(iv)
has
been
or
is
hereafter
rightfully
disclosed
to
Consultant
by
a
third
party,
but
only
to
the
extent
that
the
use
or
disclosure
thereof
has
been
or
is
rightfully
authorized
by
that
third
party.
Consultant
shall
not
disclose
any
reports,
recommendations,
conclusions
or
other
results
of
the
services
or
the
existence
of
the
subject
matter
of
this
contract
without
the
prior
written
consent
of
the
City.
In
its
performance
hereunder,
Consultant
shall
comply
with
all
legal
obligations
it
may
now
or
hereafter
have
respecting
the
information
or
other
property
of
any
other
person,
firm
or
corporation
.
6. Office
Space
and
Clerical
Support.
Consultant
shall
provide
its
own
office
space
and
clerical
support
at
its
sole
cost
and
expense.
7. Covenant
Against
Contingent
Fees.
Consultant
declares
that
it has
not
employed
or
retained
any
company
or
person,
other
than
a
bona
fide
employee
working
for
Consultant,
to
solicit
or
secure
this
Agreement,
that
it
has
not
paid
or
agreed
to
pay
any
company
or
person,
other
than
a
bona
fide
employee,
any
fee,
commission,
percentage,
brokerage
fee,
gift
or
any
other
consideration,
contingent
upon
or
resulting
from
the
award
or
making
of
the
Agreement. For
breach
of
violation
of
this
warranty,
City
shall
have
the
right
to
annul
this
Agreement
without
liability,
or,
at
its
sole
discretion,
to
deduct
from
the
Agreement
price
or
consideration,
or
otherwise
recover
the
full
amount
of
such
fee,
commission,
percentage,
brokerage
fee,
gift
or
contingent fee.
·
8. Ownership
of
Documents.
All
memoranda,
reports,
plans,
specifications,
maps
and
other
documents
prepared
or
obtained
under
the
terms
of
this
Agreement
shall
be
the
property
of
City
and
shall
be
delivered
to
City
by
Consultant
upon
demand.
9. Conflict
of
Interest
and
Political
Reform
Act Obligations.
During
the
term
of
this
Agreement
Consultant
shall
not
act
as
consultant
or
perform
services
of
any
kind
for
any
person
or
entity
whose
interests
conflict
in
any
way
with
those
of
the
City
of
Poway.
Consultant
shall
at
all
times
comply
with
the
terms
of
the
Political
Reform
Act
and
the
local
conflict
of
interest
code.
Consultant
shall
immediately
disqualify
itself
and
shall
not
use
its
official
position
to
influence
in
any
way
any
matter
coming
before
the
City
in
which
the
Consultant
has
a
financial
interest
as
defined
in
Government
Code
Section
87103.
Consultant
represents
that
it
has
no
knowledge
of
any
financial
interests
which
would
require
it
to
disqualify
itself
from
any
matter
on
which
it might
perform
services
for
the
City.
4 of
22 2
November 19, 2024, Item #9
"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:
[8] 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Julie Procopio, Director of Development Services
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of 22 3
November 19, 2024, Item #9
(3)
years
from
the
date
of
final
payment
under
this
Agreement,
for
inspection
by
City
and
copies
thereof
shall
be
furnished,
if requested.
12. Independent
Contractor.
At
all
times
during
the
term
of
this
Agreement,
Consultant
shall
be
an
independent
contractor
and
shall
not
be
an
employee
of
the
City
of
Poway.
City
shall
have
the
right
to
control
Consultant
only
insofar
as
the
results
of
Consultant's
services
rendered
pursuant
to
this
Agreement;
however,
City
shall
not
have
the
right
to
control
the
means
by
which
Consultant
accomplishes
such
services.
13. Licenses,
Permits,
Etc.
Consultant
represents
and
declares
to
City
that
it
has
all
licenses,
permits,
qualifications,
and
approvals
of
whatever
nature
that
are
legally
required
to
practice
its
profession.
Consultant
represents
and
warrants
to
City
that
Consultant
shall,
at
its
sole
cost
and
expense,
keep
in
effect
at
all
times
during
the
term
of
this
Agreement,
any
license,
permit,
or
approval
which
is
legally
required
for
Consultant
to
practice
its
profession.
14. Consultant's
Insurance.
Consultant
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
15. Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
City
and its
respective
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify,
protect
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages
, judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
occurring
as
a
result
of
Consultant's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees.
(b)
For
Claims
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Consultant's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents
,
officers,
directors,
sub-consultants
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement. For
Claims
alleged
to
arise
from
Consultant's
professional
services,
Consultant's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Consultant's
negligence.
6 of
22 4
November 19, 2024, Item #9
(c)
The
foregoing
obligations
of
Consultant
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Consultant,
anyone
directly
or
indirectly
employed
by
it
or
anyone
for
whose
acts
it
may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Consultant
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit acts.
(e)
Consultant
shall,
upon
receipt
of
written
notice
of
any
Claim
, promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Consultant
is
carrying
and
maintaining;
however,
if
Consultant
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Consultant
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Consultant
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.
16. Assumption
of
Risk.
Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained
, by
Consultant:
(a)
Consultant
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Consultant
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Consultant's
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Consultant
or
its
employees
in
connection
with
Consultant's
performance
its
obligations
under
this
Agreement,
including
but
not limited
to
Consultant's
Scope
of
Services.
17. Consultant
Not
an
Agent.
Except
as
City
may
specify
in
writing,
Consultant
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.
Consultant
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation whatsoever.
18. Personnel. Consultant
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.
The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects.
City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Consultant
by
giving
oral
or
written
notice
to
Consultant
to
such
effect.
7 of
22 5
November 19, 2024, Item #9
Consultant's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
19. Notices. Notices
shall
be
given
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof
.
20. Governing
Law,
Forum
Selection
and
Attorneys'
Fees.
This
Agreement
shall
be
governed
by,
and
construed
in
accordance
with,
the
laws
of
the
State
of
California.
Each
party
to
this
Agreement
consents
to
personal
jurisdiction
in
San
Diego
County,
California,
and
hereby
authorizes
and
accepts
service
of
process
sufficient
for
personal
jurisdiction
by
first
class
mail,
registered
or
certified,
postage
prepaid,
to
its
address
for
giving
notice
as
set
forth
in
Exhibit
"A"
hereto.
Any
action
to
enforce
or
interpret
the
terms
or
conditions
of
this
Agreement
shall
be
brought
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration.
Consultant
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
section
394.
The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees.
Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Consultant
in
the
event
of
termination,
Consultant's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Consultant
would
have
been
entitled
to
receive
compensation
if terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses.
21. Gender. Whether referred
to
in
the
masculine,
feminine,
or
as
"it,"
"Consultant"
shall
mean
the
individual
or
corporate
consultant
and
any
and
all
employees
of
consultant
providing
services
hereunder. 22.
Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts,
each
of
which
shall
be
deemed
an
original,
but
all
of
which,
together,
shall
constitute
one
and
the
same
instrument.
Documents
delivered
by
telephonic
facsimile
transmission
shall
be
valid
and
binding
.
23. Entire
Agreement.
This
Agreement
shall
constitute
the
entire
understanding
between
Consultant
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Consultant.
No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any
force
or
effect
unless
it is
in
writing
and
executed
by
the
party
to
be
bound
thereby.
24. Certification
and
Indemnification
Regarding
Public
Employees'
Retirement
Law/Pension
Reform
Act
of
2013.
Contractor
hereby
certifies
that
all
persons
providing
services
to
City
by
Contractor
are
not
current
members
of
the
California
Public
Employees'
Retirement
System
(CalPERS)
and
shall
not
become
members
of
CalPERS
while
providing
services
to
City.
8 of
22 6
November 19, 2024, Item #9
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)
9 of
22 7
November 19, 2024, Item #9
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 22
HOCH CONSUL TING, APC
8 By: ____________ _
Adam Hoch, P.E., QSD, President
Date: ___________ _
November 19, 2024, Item #9
"SPECIAL PROV/SIONSn
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the design services further described in the Scope of Services submitted with the proposals, 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, which are included in this document as Attachment 2. Total fee is not to exceed Two Hundred Four Thousand Five Hundred Twenty-Nine and Five Cents ($204,529.05).
Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall commence and be effective as of November 20, 2024 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 11 of 22 1
November 19, 2024, Item #9
following
coverages:
General
Liability
$1,000,000
Bodily
Injury
and
Property
Damage
combined
each
occurrence
and
$2,000,000
aggregate.
(b)
Automobile
Liability,
including
owned,
hired,
and
non-owned
vehicles:
$1,000,000
combined
single
limit.
(c)
Consultant
shall
obtain
and
maintain,
during
the
life
of
the
Agreement,
a
policy
of
Professional
Errors
and
Omissions
Liability
Insurance
with
policy
limits
of
not
less
than
$1,000,000
combined
single
limits,
per
claim
and
annual
aggregate.
(d)
Workers'
Compensation
insurance
in
statutory
amount.
All
of
the
endorsements
which
are
required
above
shall
be
obtained
for
the
policy
of
Workers'
Compensation
insurance. 2.
Endorsements: Endorsements
shall
be
obtained
so
that
each
policy
contains
the
following
three
provisions:
(a)
Additional
Insured.
(Not
required
for
Professional
Errors
and
Omissions
Liability
Insurance
or
Workers'
Compensation.)
"City
of
Poway
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees
are
additional
insureds
with
respect
to
this
subject
project
and
contract
with
City."
(b)
Notice.
"Said
policy
shall
not
terminate,
nor
shall
it
be
canceled,
until
thirty
(30)
days
after
written
notice
is
given
to
City."
(c)
Primary
Coverage.
"The
policy
provides
primary
coverage
to
City
and its
elected
and
appointed
boards,
officers,
agents,
and
employees.
It
is
not
secondary
or
in
any
way
subordinate
to
any
other
insurance
or
coverage
maintained
by
City."
3. Insurance
Certificates:
Consultant
shall
provide
City
certificates
of
insurance
showing
the
insurance
coverages
described
in
the
paragraphs
above,
in
a
form
and
content
approved
by
City,
prior
to
beginning
work
under
this
Agreement.
E.
Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses:
To
City:
To
Consultant:
12 of
22 2
City
of
Poway
-
Development
Services
13325
Civic
Center
Drive
Poway,
CA
92064
Hoch
Consulting,
APC
804
Pier
View
Way
100
Oceanside,
CA
92054
November 19, 2024, Item #9
Attachment
1 TAB
7 SCOPE
OF
WORK
.:\
c!i:,r,11\:·,.
l.:1:--
:·.r
.1,_!1!1(~
•;
{_~(
:/1
(~
:~,l'/1
!;1
1.'/'
t1·,\
1/
,J~
-.
r...'(
1[!t
::,:
·,~
1 ff;;
•\~-
'\·1..·1
,·
1,_
,.··
:
_'·1
1}'
"!v:
'~:
·>:
·;u
1.1:
:·,,_·
1,1J'l'(i
, 1;\~;
.'
:!J
:/:
',),
.1_:n:
~:·:')
1,
u1t!~1-
.··/1:1
1_-;
~;,n-.-/
:1:,
::~
on:...!
~:·,:ti
-.;.'.1t;£,
/e:1
Hoch
Consulting
(Hoch
or
HC)
has
included
a
detailed
scope
of
work
that
will
accomplish
our
proposed
approach
based
on
what
our
team
believes
will
be
of
best
value
to
the
City
and
its
joint
partners,
your
capital
budgets,
and
your
ratepayers
.
TASK
1 -SURVEYING
Hoch
and
our
teaming
partner
Masson
and
Associates
will
provide
ground-based
topographic
surveying
for
the
reaches
that
will
require
open
cut
trenching
for
pipeline
replacement.
Surveying
will
be
performed
by
traditional
field
survey
methods
including
the
collection
of
existing
sewer
manhole
depths
(through
dipping)
and
rim
elevations,
roadway
cross-sections,
curb
elevations,
and
visible
utility
features
within
the
project
area
. The
survey
will
also
plot
the
record
centerline
and
right-of-way
. Base
mapping
will
be
at
1"=20'
scale
with
1-ft
contours
.
ASSUMPTIONS
•
Scoped
survey
is
limited
to
the
sewer
mains
identified
in
the
RFP
as
needing
replacement
along
Saint
Andrews
Drive,
Pomerado
Road,
and
Somerset
Road
.
TASK
2 -
CONDITION
ASSESSMENT
Manholes Hoch
and
our
teaming
partner
Downstream
Services
will
utilize
CCTV
sewer
inspection
technologies
to
inspect
approximately
130
manholes
to
a
NASSCO
MACP
Level
2 standard.
We
propose
to
use
the
RinnoVison
RV-PRO
360
.
The
CCTV
files
will
be
provided
to
the
City
of
Poway
for
review
during
the
design
process
.
Hoch
and
our
team
will
lead
the
coordination
and
permitting
efforts
with
the
City.
Upon
completion
of
the
field
inspection
of
the
manholes,
Hoch
Consulting
will
review
the
inspection
data,
reports,
and
findings
and
perform
QAQC.
Hoch
will
perform
assessments
of
the
manhole
conditions
and
evaluate
and
develop
recommendations
for
appropriate
renewal
projects
and/or
O&M
actions
. The
recommendations
will
be
included
as
part
of
the
preliminary
design
TM.
DELI
VEl~AB
LES
•
Permit
applications
to
the
City
of
Poway.
•
Manhole
inspection
reports
in
accordance
with
NASSCO
MACP
and
digital
data
files.
ASS
UMPT
IONS
•
Traffic
control
will
be
per
City
standards
.
•
Permit
fees,
if
required,
will
be
paid
by
the
City
.
•
City
of
Poway
to
provide
available
sewer
flow
data
for
the
Manhole
Rehabilitation
locations.
•
The
following
items/activities
are
excluded:
•
Flow
diversion,
bypass
pumping
and
operating
pump
stations.
•
Excavation
of
any
kind
•
Permit
fees,
licenses
, and
performance
bonds
•
Pipe
cleaning
•
City
will'
provide
access
to
easements,
locked
gates,
etc.
•
Our
proposal
assumes
property
owner
coordination
and
vegetation
clearing,
if required,
will
be
by
the
City.
•
If necessary,
City
will
provide
mobile
means
of
providing
water,
such
as
mobile
meter
or
fire
hydrant
hookup.
•
All
inspections
will
be
completed
in
one,
continuous
mobilization
which
is
anticipated
to
last
8 workdays
total.
•
Post-processing
of
field
inspection
data
takes
4-6
weeks
after
completion
of
the
fieldwork
before
draft
inspection
reports
and
data
files
are
submitted.
TASK
3 -
PREPARATION
OF
PRELIMINARY
&
FINAL
DESIGN
PACKAGES
TASK
3.1 -
PRELIMINARY
DESIGN
Hoch
will
perform
a
detailed
review
of
the
Master
Plan
condition
assessment,
the
City's
prioritized
project
list,
and
City-provided
CCTV
inspection
videos.
We
will
develop
a
log
of
defects
including
but
not
limited
to
the
mainline
and
lateral
connections
to
the
mainline
as
discussed
in
the
Condition
Assessment
Section.
This
analysis
will
validate
preliminary
recommendations
for
sewer
rehabilitation
.
Baseline
Research
Hoch
will
review
all
planning
work
completed
to
date,
perform
site
visits,
and
engage
with
City
Engineering
and
O&M
staff.
The
goal
is
to
confirm
all
information
and
establish
a
comprehensive
approach
to
the
preliminary
design
that
leverages
previous
planning
work
and
integrates
any
new
assessments
. Key
data,
such
as
diurnal
flow
information
(average
daily
dry
flow
and
peak
wet
flow),
will
be
requested
from
the
City
to
develop
accurate
construction
parameters
for
shutdowns
and
bypasses.
HOCt!3(€Jfl~Tli\JG
I
De
sign
Serv
ices
ro
r the
Art
nua
l Sew
er
Li11
e
l<ep;;i
rmc
pl
,1cc1
11cnt r,
M
Jnl1
ole
Rel1alli
lilJl
ion
15 November 19, 2024, Item #9
ASSUMPTIONS
• City will provide up-to-date planning documents,
diurnal flow data, and access to O&M staff.
• Existing planning work and data are sufficient for
preliminary design without the need for new survey
data.
DELIVERABLES:
• Confirmation of the preliminary design approach
through consultation with City staff.
• A summary document outlining key data findings,
project scope confirmation, and design parameters
based on the available flow data.
Preliminary Condition Assessment Review
Hoch will analyze the condition of the sewer infrastructure to identify any defects. This includes cataloging lateral defects su·ch as protruding laterals, roots, and damaged • break-ins, and evaluating the severity of offset joints, considering both the size and orientation. Structural and operational defects, like broken pipes or obstructions
(mineral deposits, infiltration), will also be documented to determine the appropriate rehabilitation methods.
ASSUMPTIONS
• CCTV inspection videos provided by the City will offer clear visual data for defect assessment.
• Minor defects that can be managed without additional
repairs (e.g., less than one inch offset) will be documented but not prioritized for significant intervention.
DELIVERABLES
• A comprehensive log of all lateral defects, offset joints, and structural or operational issues requiring attention. • Preliminary recommendations for repair or
rehabilitation methods for each defect type, with
detailed notes on severity and potential solutions.
Identification of Constraints
Hoch will identify any constraints affecting the rehabilitation process, including access issues, special construction
requirements, and permitting needs. All sewer facilities to be included in the project will be confirmed to be within appropriate rights-of-way or utility easements, and any obstacles, such as difficult access to certain manholes, will be documented.
ASSUMPTIONS
• City will provide existing right-of-way maps, easement documentation, and records of any known access
issues.
• Utility research and potholing locations will be
coordinated with the partner AirX Utility Surveyors.
DELIVERABLES:
• A constraints report detailing access issues, necessary traffic control measures, and anticipated permitting
requirements.
• A list of potholing locations required for point repairs or pipeline replacement, with a summary of any access
challenges.
Development of Conceptual Project Plans
Plans of pipelines and manholes will be developed to
facilitate detailed planning. This will include mapping any required shutdowns, bypassing, or nighttime work
considerations.
ASSUMPTIONS
• Existing as-built drawings will serve as the primary
base layer for developing project plans. Open trench
sewer repair and replacement segments will have
detailed filed survey as described in Task 1.
• Access to sensitive areas will be coordinated effectively, with no need for right-of-way acquisition.
DELIVERABLES
• A conceptual plan for all open-trench sewer repair/
replacement segments, including integration with 50%
design drawings.
• A summary of access strategies for difficult-to-reach manholes and alignment with any external agency
requirements.
Agency Coordination
Hoch will facilitate coordination with all necessary agencies to review the project, gather input, and define necessary permits and approvals. Traffic control requirements, special construction areas, and community impact assessments
will be addressed as part of this task.
ASSUMPTIONS
• Agency representatives will be available for meetings and will provide timely feedback on coordination
requirements.
• City staff will support attendance and engagement in
these meetings.
DELIVERABLES
• Documentation of coordination efforts, including
meeting notes, permit and approval requirements,
and traffic control strategies.
HOC1"4(8fJ~TING I Design Services ior the Annual Sewer Line Repair/Replacement & Manhole RehiJIJilitiltion IG November 19, 2024, Item #9
• A consolidated report on agency feedback and how it TASK 3.2 -FINAL DESIGN PLANS AND has been integrated into the preliminary design. SPECIFICATIONS Recommendations and Documentation
Hoch will compile a technical memorandum
that consolidates all findings, assessments, and
recommendations for the rehabilitation or replacement
of each sewer segment. The document will present the
preferred rehabilitation strategy based on the condition assessment and will detail construction approaches, sewer bypass requirements, and phasing strategies.
ASSUMPTIONS
• The technical memorandum will be brief but
comprehensive, summarizing all key findings and
proposed actions.
• The City will review the draft memorandum and
provide feedback before finalization.
DELIVERABLES
• Draft and final versions of the technical memorandum, summanzIng condition assessment results,
rehabilitation recommendations, and construction
strategies.
• Clear documentation of recommended methods for
repair, rehabilitation, or replacement for both public
sewers and manholes.
Preliminary Construction Cost Estimate and
Schedule
A preliminary construction cost estimate will be prepared, itemizing the major components of work and inflating
costs to the expected construction midpoint. Should the estimate exceed the City's budget, Hoch will • suggest
possible phasing strategies or adjustments to meet
financial constraints. An MS Project-based construction schedule will outline key milestones, including design
completion, bidding, and construction phases.
ASSUMPTIONS
• Preliminary cost estimates will reflect current market rates and material costs.
• Any necessary phasing will be aligned with the City's budget constraints and project goals.
DELIVERABLES
• A preliminary cost estimate for the full scope of work, broken down by task and phase.
Hoch will prepare contract documents for public bidding with the scope identified and agreed upon during
preliminary design.
Construction Drawings Development
Hoch will proceed with the development of construction
drawings following the acceptance of recommendations in the preliminary design memorandum. These plans will be
GIS-based, using aerial imagery overlaid with sewer and manhole shapefiles. The drawings will identify CIPP lining locations, lateral reinstatements, manhole depths, pipe slope, and flow direction. Ground and pipe profiles will be omitted unless deemed necessary, and an emphasis on
detailing the nature of any required trimming of intruding laterals, point repairs (either excavated or in-situ), and heavy cleaning areas. Details for areas necessitating more complex cleaning, traffic control, or bypass operations will be highlighted to optimize bid quantification and
construction oversight.
ASSUMPTIONS
• Survey efforts will be limited to areas requiring ground verification of manhole depths or utilities that may be impacted by open trench replacement.
• Use of AutoCAD 2019 or newer, adhering to City
standards.
• Existing as-built drawings and GIS data are assumed
to be sufficient as the design base.
DELIVERABLES
• 50%, 100%, and Final Construction Plans showing
plan and profile views, defect locations, bypass
requirements, and necessary details.
• Plans will be provided in hardcopy (two sets) and PDF format for each submittal.
Sewer Rehabilitation and Replacement Design
Plans for full-section open trench sewer replacement will be prepared using traditional topographic survey-based
plan and profile formats. These will include detailed
replacement areas and coordinate with existing utilities.
Technical specifications will address rehabilitation and replacement work with a focus on minimizing sanitary
sewer overflow risks and reducing disruption to property access for residents during rehabilitation.
• A construction schedule detailing key project ASSUMPTIONS milestones from design through start-up. • Any necessary trenching and rehabilitation will be determined by conditions assessed in the preliminary
l·l0~15 ~~LTING I Design Services ior the .\nnuul Sewer Li112 1,epair/Replucernenl & Monhole Rehi!bifili1tion ll November 19, 2024, Item #9
memorandum
.
•
City
input
will
be
sought
on
the
construction
sequence
to
minimize
community
impact.
DELIVERAB
LES
:
•
Sewer
replacement
plans
showing
the
exact
limits
of
trench
replacement,
key
utility
crossings,
and
rehabilitation
work
details
.
•
Design
drawings
and
technical
specifications
integrated
with
City's
standards,
including
necessary
cross-sections
and
detail
sheets
.
Technical
Specifications
Preparation
Hoch
will
prepare
detailed
technical
specifications
to
supportthe
construction
activities
. Specifications
will
include
guidelines
for
CIPP
lining,
open
trench
replacements,
lateral
reinstatement,
and
temporary
bypass
procedures
.
A
construction
sequence
plan
will
be
developed
with
City
input
to
ensure
minima
l risk
of
sanitary
sewer
overflow
and
optimize
work
around
residents'
access
.
ASSUMPT
ION
S
•
City
will
provide
Hoch
with
its
standard
"front-end"
specifications
in
MS
Word
for
review
and
editing.
•
Specifications
will
align
with
the
current
Greenbook
and
the
City's
supplemental
requirements
.
DELIVERABLE
S
•
Outline
of
technical
specifications
with
the
50%
submittal,
progressing
to
full
drafts
with
the
100%
and
Final
design
packages
.
•
Coordination
with
the
City
_to
ensure
all
specifications
meet
their
standards
and
are
enforceable.
Bypass
Flow
Management
and
Specifications
Proven
bypass
specifications
wil
l be
developed
to
mitigate
risks
of
sanitary
sewer
overflow
dur
ing
construction
. Peak
flow
estimates
in
each
sewer
segment
will
be
presented
in
tabular
form,
and
bypass
requirements
will
be
clearly
defined
in
the
plans
and
specifications
to
ensure
that
the
contractor
bids
account
for
all
necessary
temporary
flow
management. ASSUMP
TIONS
•
Peak
flow
data
and
existing
sewer
system
capacity
information
are
available
to
support
bypass
• requirements
.
•
Bypass
details
and
sequencing
will
be
consistent
with
City
standards
.
DE
LIV
ERABLE
S:
• Tabulated
peak
flow
estimates
for
each
sewer
segment.
•
Detailed
bypass
specifications
as
part
of
the
technical
specifications
package
.
Submittal
Process
and
Final
Design
Deliverables Hoch
will
prepare
and
submit
the
final
design
packages,
incorporating
feedback
from
City
reviews
at
each
stage
(50%,
100%,
Final)
. Submittals
will
include
full
construction
documents
(plans,
cost
estimates,
technical
specifications)
ready
for
bidding.
Final
bid
documents
will
be
delivered
as
signed
mylars,
two
hardcopy
bond
sets,
and
PDF
copies
for
the
City
Engineer's
signature
.
ASS
UMPT
IONS
•
The
City
review
process
will
aUow
for
timely
feedback
and
incorporation
of
comments
into
the
final
design
.
•
City's
General
and
Technical
Provisions
will
be
included
in
contract
specifications
.
·DE
LI
VERAB
LES
•
Final
signed
mylars
of
project
plans
for
City
Engineer
approval.
•
Two
hardcopy
bond
sets
and
a
PDF
copy
of
the
signed
project
plans
.
•
Final
construction
cost
estimate
and
technical
specifications
ready
for
bidding
.
•
AutoCAD
files
for
City
records
.
TASK
4 -
ENGINEER'S
ESTIMATE
Hoch
team
shall
prepare
the
engineer's
opinion
of
probable
construction
cost
at
the
50%,
100%,
and
Final
design
stage
. The
cost
estimate
will
include
a detailed
Basis
for
Cost
Estimation,
breakdown
of
construction
cost
items
according
to
specification
sect
ion,
with
quantity
and
unit
costs
, and
consideration
of
additional
cost
factors
such
as
insurance
and
contingency
.
Hoch
team
will
be
available
to
assist
City
staff
with
Request
for
Information
(RFI)
questions
from
the
contractors
bidding
on
the
project
and
the
preparation
of
any
resulting
addendum
.
Hoch
will
assist
City
staff
in
reviewing
the
received
bids
for
completion
.
DELI
VER
AB
LES:
•
Addendum
as
required
.
TASK
5 -
UTILITY
COORDINATION
Hoch
will
undertake
utility
coordination
to
ensure
the
Hoc
11Ef'i)'fl~TING
I Desig11
Servi
ces
fo
r tire
1\n11u
,1l Se
we
r Lin
e
l~epilir/l~epl
~cen1
enl
S, M211l1ol
e
Reli
abilil
ction
18 November 19, 2024, Item #9
project design and implementation align seamlessly with the existing utility infrastructure. The process will involve communication with utility companies to identify current utility locations and assess any potential need for utility relocations. To support this, Hoch will collect, research, and review all available record drawings, which detail
street improvements, rights of way (ROW), and the existing utilities such as dry utilities, sewer lines, water lines, and storm drain crossings. Throughout the project design
phases-at 50%, 100%, and final design-plans will be
shared with the utility companies identified by Hoch for their input and coordination.
ASSUMPTIONS
• All record drawings and utility data provided are
accurate and up-to-date.
• Utility companies will respond to coordination requests within a standard timeframe.
• Any utility conflicts identified can be worked around by the contractor and no major relocations of utilities will be required.
DELIVERABLES
• Coordination with utility companies for review of
existing utility locations and potential conflicts.
• Collection and review of record drawings covering
ROW, utilities, and relevant street improvements.
• Distribution of project design plans to utility companies at the 50%, 100%, and final design phases for feedback
and conflict resolution.
• Documentation of all utility coordination efforts,
including meeting notes, correspondence, and
resolution of any identified conflicts.
TASK 6 -MEETINGS, PROJECT MANAGEMENT,
ADMINISTRATION, QAQC
Hoch will provide comprehensive project management
services throughout the duration of the project, ensuring all objectives are met while maintaining the project's
budget and schedule. This will include regular progress and coordination meetings, detailed administration,
and ongoing oversight. Monthly administrative duties
will cover invoicing, progress reporting, and budget
tracking, including updates on the status of the project schedule during both preliminary and final design
phases. To maintain consistent communication, Hoch
· will send bi-weekly progress emails to the City, providing updates on work completed, anticipated progress,
upcoming deliverables, information required from the
City or its partners, and any issues that could impact the project timeline.
In addition to ongoing communication, Hoch will facilitate a minimum of ten (10) scheduled 2-hour meetings with
the City, each corresponding to critical phases of the
project. Preliminary estimates on meetings include (1)
Project kickoff meeting, (1) Workshop to review the Draft Technical Memorandum, (1) Draft condition assessment
and recommendations workshop, (1) 50% design review
meeting, (1) 100% design review meeting, and (1) Final
design review meeting. Hoch will prepare and distribute detailed agendas before each meeting and provide
minutes afterward to ensure all discussions and decisions are thoroughly documented.
Prior to submitting any deliverables to the City or other agencies, Hoch will perform quality assurance and
quality control (QA/QC) reviews. This process involves an independent review to ensure the accuracy and quality of all work, with submittals clearly indicating the responsible Hoch reviewer.
ASSUMPTIONS
• The City will provide timely feedback and information to facilitate the project's schedule.
• Meetings will be conducted virtually or in-person,
depending on project needs and City preferences.
• Bi-weekly progress emails will suffice for regular
updates without requiring additional meetings.
• All required project documentation and deliverables
will undergo thorough internal review before being
shared with the City.
DELIVERABLES
• Monthly Invoices and Progress Reports: Including a
summary of work completed, budget updates, and
percent completion.
• Bi-Weekly Progress Emails: Updates on recent
work, anticipated progress, upcoming deliverables,
information needed, and potential schedule impacts.
• Meeting Agendas and Minutes: Preparation and
distribution of detailed agendas before meetings and
comprehensive minutes after each meeting.
• Scheduled Meetings: Five (5) structured 2-hour
meetings, covering key project phases: kickoff, draft
inspection plan workshop, condition assessment
review, and. design reviews at 50%, 100%, and Final.
• QA/QC Documentation: Quality assurance and
control reviews for all submittals, with identification of the Hoch reviewer responsible for each review.
HOCf17(8f12!ll.TING I Design Services ro1 l11e Annual Sewer Line Rep2ir/Replacement & Manhole l~el1,1bilit,1lion 19 November 19, 2024, Item #9
TASK
7 -
WATER
POLLUTION
CONTROL
PLAN
Preparation
of
necessary
Water
Pollution
Control
Plans
(WPCP)
for
the
project.
Hoch
shall
prepare
site-specific
Water
Pollution
Control
Plans
for
each
excavation
and
replacement
site
.
The
CIPP
sites
will
have
a
general
Water
Pollution
Control
Plan
that
will
include
a
minimum
requ
irement
for
spill
control
and
capture
equipment
and
emergency
notification
phone
number.
Requirements
shall
include blocking
downstream
stormwater
inlets
within
500
feet
downstream
of
the
CIPP
inversion
site
. A
qualified
SWPPP
Developer
(QSD)
will
prepare
the
Water
Pollution
Control
Plan
(WPCP).
Hoch's
WPCP
will
contain
elements
of
the
guidelines
found
in
the
City's
Sewer
system
Management
plan
. The
City
of
Poway
implements
all
remedial
actions
to
the
extent
that
they
are
applicable
to
the
discharge,
including
the
following:
•
Containment
and
bypassing
of
sewage
flows
around
the
sewage
line
failure
;
•
Vactor
truck
recovery
of
sanitary
sewer
spills
and
wash
down
water
utilizing
appropriate
containment
BMP's
(Exhibit
5);
•
Perform
mandatory
spill
reporting
in
accordance
with
the
State
Water
Resources
Control
Board's
guide
for
Sanitary
Sewer
Overflow
Reduction
Program
,
SanDiego
Regional
Board,
Cal
OES,
and
the
San
Diego
County
Health
Department
utilizing
DKF
Solutions,
SMART
Sewer
Overflow
Volume
Estimation
Workbook
for
volume
estimations,
CWEA
Spill
Volume
Estimation
documentation,
and
customer
interviews
for
information.
•
Cleanup
of
debris
of
sewage
origin
at
the
spill
site
and
additional
monitoring
when
required
.
•
Visually
assess
the
spill
location(s)
and
spread
using
photography,
global
positioning
system
(GPS),
and
other
best
available
tools
. Document
the
critical
spill
locations,
including
:
•
Photography
and
GPS
coordinates
for:
• The
system
location
where
spill
originated
.
•
For
multiple
appearance
points
of
a
single
spill
event,
the
points
closest
to
the
spill
origin
.
•
Photography
for
:
•
Drainage
conveyance
system
entry
locations
.
•
The
location(s)
of
discharge
into
surface
waters,
as
applicable
.
•
Extent
of
spill
spread
.
•
The
location(s)
of
clean
up.
OPTIONAL
TASK
-
ENVIRONMENTAL
SUPPORT
SERVICES If
desired,
our
teaming
partner
REC
ON
can
assist
the
City
with
the
anticipated
Notice
of
Exemption
(NOE)
.
DELIVERAB
LES
•
Notice
of
Exemption
(NOE)
and
letter
HOC~l§'()'¥5212
Tlf,J
G
I Desig
n
Serv
ices
for
th
e
Annt
1ill Sewer
Lin
e
Rep
,!ir/Rep
laceme
nt 8,
M
ilnho
lc
1'ell
abili
t,1t
ion
20 November 19, 2024, Item #9
.....
I.O
0 ...,,
N
/: ~ If nf,,, ! I • ·' ,' •;lf)r,u :,i (.'! ;/;1,;; ,'',!/ii:(,! , .. n<;r-:,, (1'; 1:1 itf,· 1~1 •rl ;: ; tf i(' ",C't "(' r·t/J;,Y;',-,j" •"r-'Ui(.'!) ,:;f if,i.; rf:;--1,n ){-·;;; ;I/ // '.,l·)lr/.'li/i' -:en!(-'~i ('! ,vr'in:}t 2024-139 Pow~Y sewer & Manhole ·Repair • • ' • • - - •
Hoch Consulting Labor Subconsultant Efforts
Director of Senior Project Associate Staff I Classlflcatlon I Total Hours President Engineering Designer Engine er I Total Hoch Eng neer Consultin g
by Task
Labor
AH SK RR • OJ LB
Rate ($/hr) $ 263.00 $ 245.00 $ 165.00 $ 165.00 $ 155.00 AirX Utility I Downstream I Mmon & I Recon I Total
Surveyor Services (PW) : Associates (PW) : Environmental: Subconsultant (PW) : CCTV Manhole Topographic & Notice of by Task
Potholing Inspect ions Boundary Survey bemption
1 : Survevtnc 0 0 0 0 0 0 19,860.
1.01: 4 0 4 0 0 0 Is 980.1
2: Manhole Inspection 98 • 12 0 0 80 J $ 16,918., 49,816.00
2.01: 0 0 0 0 0 0
3 : Prepara tion of Preliminary and Final Design Packages 403 65 52 130 104 52 Is 76,505.00
3.01: 0 0 0 0 0 0
4; Engineer's Estimate 32 1 3 8 8 12 ls 5,498 .00
4.01: 0 0 0 0 0 0 I$
S: Utility Coordination 33 0 1 0 8 24 J$ 5,285.00 13,245.00
5.01 :
6 : Meetlng5, Project Managemen t, Administration , QAQC 24 12 12 0 0 0 $ 6,096.00
6.01 : 0 0 0 0 0 0 $
7: Water Pollution Control Plan 36 0 4 24 0 8 $ 6,180.
HOCH COtJSULTING l Desiqn Scr•.:1r1:>s for th;: AnmJ,11 Sev,cr L,ne Rep,wiReplacerne:nt;: r,1c1nhclc Rt:hab1htation TAB 10
FEE PROPOSAL
Hoch Consultln_{
Direct Costs Total Fees
Subconsultant I Total I Mileage,
Markup Subconsultant Reproduction, & I Total
Effort Postage
993. 20,853. 20,ss~.
980 .00
2,490.80 52,306 .80 69,224.80
76,505.00
5,498.00
662.25 13,907.25 19,192.25
6,096.00
6,180.
> --QI
(')
:::r
3 Cl)
:::,
-"'
November 19, 2024, Item #9
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
22 (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 November 19, 2024, Item #9
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
22 (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 November 19, 2024, Item #9
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
Il
who
is
assigned
to
.serve
in
a
court
pursuant
to
Section
68543
.5.
History Added
Stats
2012
ch
296
§
15 (AB
340),
effective
January
1, 2013
. Amended
Stats
2013
.ch
528
§' 11
(SB
13),
effective
October
4,
2013
(ch
528
prevails);
ch
76 § 75
(AB
383),
effective
January
I,
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
22 3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
CITY COUNCIL
November 19, 2024
Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Housing Authority Board Julie Procopio, Director of Development Service~ •
Marie Sanders, Senior Management Analyst
(858) 668-4637 or [email protected]
Stan Donn, City Planner
(858) 668-4604 or sdonn@poway .org
Development Review (DR) 23-0003, CEQA exemption, Affordable Housing Agreement (AHA), Ground Lease, Health and Safety Code (HSC) Section 33433 Summary Report and Related Findings for the Construction and Operation of a 60-unit Affordable Housing Development at 12674 Monte Vista Road (APN 275-460-61-00) This item seeks joint consideration of the Poway City Council and the Poway Housing Authority Board (Housing Authority or Authority) for a 60-unit affordable housing project with a targeted population mix of developmentally disabled adults, military veterans, and their families.
The actions for consideration by the City Council and the Housing Authority following a noticed public hearing include (1) approval of DR 23-0003, determination that the Project is exempt from the California Environmental Quality Act (CEQA) pursuant to the Class 32 "infill" categorical exemption (CEQA) Guidelines Section 15332), and finding the Project is in conformance with the General Plan pursuant to Government Code Section 65402(a) (City Council only); and (2) approval of an AHA, Ground Lease of the Property, HSC Section 33433 Summary Report and related findings (City Council and Housing Authority).
Recommended Actions:
It is recommended the City Council and the Housing Authority hold a joint public hearing, take public input and close the public hearing.
It is further recommended the City Council:
1) Adopt the Resolution (Attachment A) (i) approving DR 23-0003, (ii) determining the Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332, and (iii) finding the Project is in conformance with the General Plan; and
1 of 95
November 19, 2024, Item #10
2) Adopt the Resolution (Attachment B) (i) approving the Summary Report prepared pursuant to Health and Safety Code Section 33433 and making required findings and determinations pursuant to Section 33433, (ii) approving the lease of the Property and the Affordable Housing Agreement between the Authority and Wakeland Monte Vista, LP, including the Ground Lease and all other Attachments, for the lease of the Property and development and operation of the Project, and (iii) approving other actions set forth in the City Council Resolution.
It is further recommended the Housing Authority:
Adopt the Resolution (Attachment C) (i) Certifying its review and consideration of the Project's categorical exemption pursuant to CEQA Guidelines Section 15332, (ii) approving the Summary Report prepared pursuant to Health and Safety Code Section 33433 and making required findings and determinations pursuant to Section 33433, (iii) determining that the proceeds of the lease of the Property will be used by the Authority to assist a housing project for persons of low income pursuant to Health and Safety Code Section 34312.3, (iv) approving the lease of the Property and the Affordable Housing Agreement between the Authority and Wakeland Monte Vista, LP, including the Ground Lease and all other Attachments, for the lease of the Property and the development and operation of the Project, (v) approving the terms for the Authority's loan of $4,590,000 to finance Developer's ground lease of the Property as prepayment of the capitalized annual lease payments, and (vi) approving other actions set forth in the Authority Resolution.
Discussion:
This project is the culmination of more than four years of ongoing efforts to meet an established community need. On September 1, 2020, then City Council member John Mullin initiated a recommended action seeking concurrence of other councilmembers to direct staff to select a development partner to construct an affordable housing rental development with a targeted population of military veterans and developmentally disabled adults noting that " ... after having watched the overwhelming response to Villa de Vida by the developmentally disabled community, it is abundantly clear that this is also an underserved segment of the affordable housing demand." Developer Selection
On December 15, 2020, the Housing Authority (see section below for background on the Housing Authority) authorized staff to issue a Request for Qualifications (RFQ) to begin soliciting proposals from qualified non-profit housing developers . A two -phase solicitation process was created, consisting of an RFQ followed by a Request for Proposal (RFP). An RFQ was issued on January 4, 2021, and four submittals were received. Three respondents were determined to be the most qualified and were invited to provide a substantial proposal detailing their vision for the site by May 17, 2021. A team of staff members ranked the proposals based on criteria set in the RFP including benefits to target population mix (veterans and developmentally disabled adults), conceptual site plan, community support, outreach plan and the breadth of supportive services offered. The top two respondents were selected to move forward with a detailed financial feasibility analysis, provided by the City's on call financial and real estate consultant, Keyser Marston & Associates.
After careful review of all submittals, financing strategies, project designs, and interviews of each team, staff recommended to the Housing Authority to enter into an ENRA with the Developer, as their vision of the Project site best aligned with the project goals. Wakeland Housing and Development 2 of 95
November 19, 2024, Item #10
Corporation, a California nonprofit corporation, (Wakeland) is a non-profit organization founded in 1998 and has created over 7,500 affordable homes including 26 communities in San Diego County.
On August 16, 2022, the Housing Authority approved an Exclusive Negotiating Rights Agreement (ENRA) with Wakeland. Wakeland is an affiliate of the proposed developer, Wakeland Monte Vista, LP, a California limited partnership (Developer), which limited partnership was created by Wakeland for purposes of developing and operating the proposed Project. The purpose of the ENRA was for the parties to explore the concept of developing 60-units of multi-family affordable rental housing serving extremely low-, very low-, and low-income households not to exceed 59% of the area median income (AMI), targeting adults with developmental disabilities and military veterans and their families, on Authority-owned property located at 12674 Monte Vista Road (Property). Pursuant to the ENRA, staff has successfully negotiated with the Developer the terms of an Affordable Housing Agreement (AHA), a Ground Lease of the Property, and other necessary and regulatory documents for the proposed Project, as well as completed entitlement reviews through DR 23-0003.
Housing Authority Board Background
The Poway City Council adopted the Redevelopment Plan for the Paguay Redevelopment Project Area on December 13, 1983, by Ordinance No. 117 (as amended from time to time, the "Redevelopment Plan"). The goals for the Redevelopment Plan included alleviation of blighting conditions and the stimulation of economic development and affordable housing activities in the project area and the community. Poway's Housing Element and the former Redevelopment Agency's Implementation Plan identify the need for low- and moderate- income rental housing.
The Statewide dissolution of the Redevelopment Agencies, prompted the formation of the Poway Housing Authority, established on March 1, 2011, through Resolution No. 11-009, with the goal to continue to improve, preserve, and increase the supply of affordable housing in the Poway community, as appropriate and as authorized by redevelopment law in effect at the time of approval of the Cooperation Agreement. The Housing Authority was also designated as the housing successor to the Former RDA pursuant to the laws governing the dissolution of the Former RDA (Dissolution Law). Upon dissolution of the Former RDA, all rights, powers, duties, obligations, and housing assets of the Former RDA transferred to the Housing Authority.
The function of the Housing Authority and its members, designated as the sitting members of the City Council, is to provide the legal authority to continue to monitor ongoing rent and income compliance at affordable housing developments and partner with developers to construct and operate affordable housing in Poway. Formal procedures outlining personnel, conflict of interest code, and meeting dates for the Authority are subject to Resolution No. H-11-02.
State law provides that Property may be disposed of by the Housing Authority after a public hearing by the City Council and the Housing Authority, and in compliance with certain procedures, including but not limited to requirements of HSC Section 33433. Section 33433 requires that the City Council, after a public hearing, must find (i) that the lease of the Property for the Project will assist in the elimination of blight or provide housing for low- or moderate-income persons, and is consistent with the Implementation Plan approved by the Former RDA under HSC 33490, and (ii) that the consideration for the lease of the Property is not less than the "fair reuse value" of the Property and with the covenants and conditions and the development costs authorized by the lease of the Property. 3 of 95
November 19, 2024, Item #10
Analysis of DR 23-0003
The development site is 2.06 acres as shown in the location and zoning map (Attachment D) and is currently vacant. Surrounding land uses consist of a medical office complex to the west, Palomar Medical Center Poway Hospital to the north, a convalescent care facility to the east, and a Montessori school to the south. A 20-foot-wide road provides access from Monte Vista Road to the hospital campus adjacent to the project site on the east property line.
The proposed Project is zoned Commercial Office (CO) and within an Affordable Housing Overlay Zone (AHOZ). When the Overlay Zone is used, Residential Apartment (RA) zone development standards are applied to the development. The AHOZ stipulates the maximum allowable density for this site is 30 units/acre when developed for affordable housing. Therefore, the maximum number of units that could be allowed on the 2.06-acre site is 60 units. The proposed Project meets the target density as noted in the City's Housing Element. Upon completion, these units would be applied to the City's Regional Housing Needs Allocation as identified in the Housing Element.
The proposed Project includes a total of sixty (60) residential units, including twenty-eight (28) one bedroom/one-bathroom units, sixteen (16) two-bedroom/one-bathroom units, one (1) two bedroom/two-bathroom unit (for the one manager's unit), and fifteen (15) three-bedroom/two bathroom units. Units will range in size from 545 to 1,100 square feet. Site plan, floor plans, and elevations of the residential buildings are shown in Attachments E, F, G, and H.
The Project will have three buildings in total, two residential buildings each two stories in height and a one-story community building. This design offers a wide range of amenities including a 1,684 square foot community building offering a multi-purpose room with a full kitchen, and offices, two BBQ areas, an outdoor plaza, two play areas, a gazebo, pickleball court, and common laundry facilities (Attachment I).
The architecture of the proposed development is a modern Spanish style. Renderings of the development are provided in Attachmentj.
A subterranean parking structure extending all the way to the north and east property lines will provide 134 parking spaces, and seven additional spaces are provided at grade for a total of 141 parking spaces (Attachment K). This is 20 spaces more than the 122 parking spaces required by the Poway Municipal Code (PMC) for an apartment development with the proposed mix of bedroom units.
The natural topography gradually slopes upward in elevation from the west in a northeasterly direction. There is an approximately 20-foot grade difference from the southwest corner of the site to the northeast corner of the site. As a result of the topography and the proposed subterranean garage, the Project will require retaining walls to be constructed along the west, north, and east property lines.
Portions of the retaining walls of the Project would exceed the maximum 6-foot height limit. On the west side adjacent to the neighboring office complex, the retaining wall will be limited to a portion along the ramp to the garage and would vary in height from approximately three (3) to nine (9) feet.
The retaining wall along the north side adjacent to the hospital will increase in height from one (1) foot to up to thirteen (13) feet at the northeast corner. The retaining wall along the east property line adjacent to the access road would vary in height from four (4) feet near Monte Vista Road up to thirteen (13) feet at the northeast corner of the site. 4 of 95
November 19, 2024, Item #10
Although the Project site is in the Very High Fire Hazard Zone, all building and fire codes and compliance will be met. Due to the property size, the Project site cannot accommodate the standard one-hundred (100) feet of Fire Management Zones (FMZ) from structures. The Fire Department has approved a Fire Fuel Management Plan for the Project, which among others, mitigates the less than one hundred (100) feet of FMZ by providing a 6-foot fire-rated fence along the east and north property lines.
Along the east property line, the fire-rated fence would be off set from the retaining wall by a 5-foot wide landscape planter . Along the north property line, the fire-rated fence at the property line would in some areas be located on top of a retaining wall. As a result, the combined height of retaining wall and fire-rated fence along the north would exceed the 6-foot height limit for wall and fence combination. The tallest height would be 19-feet at the northeast corner of the Project site. The height of retaining wall, and wall and fence combinations is further discussed in the report under the heading of Affordable Housing Incentives.
Affordable Housing Concessions/Incentives
Affordable housing projects are entitled to "regulatory concessions" (i.e. a modification of development standards) pursuant to Article V of Chapter 17.26 of the PMC and state Density Bonus Law. The granting of regulatory concessions/incentives, as well as reductions and waivers of development standards, have been a part of the City Council's approval of all affordable housing projects in recent years.
Considering the Project would be developed to serve affordable or lower income households, the Project is eligible for up to four (4) concessions. The potential regulatory concessions/incentives associated with this Project are specified in the following table.
RA Zone Standard Regulatory Concession/Incentives
Maximum two-story allowable development Three-story
6- foot retaining wall height and/or Up to 13 feet retaining wall height and up to 19 combination of wall and fence height feet for combined retaining wall and fence height
250 cubic feet per unit of lockable storage 120 to 124 cubic feet on average 1 0 percent of private open space based on 7 percent for 2-bedroom units the square footage of the unit 5 percent for 3-bedroom units Three Story Development
By definition of the PMC, the subterranean garage is considered a story because it has direct exposure to the exterior. Therefore, with the two-story apartment buildings on top of the garage, the project will result in a three-story structure. The subterranean garage is necessary since the site is not large enough to provide the required parking for 60 units at grade. Furthermore, the visual effect of the three-story structure would be minimal since it would only appear three-story when looking at the garage entrance from the west. It should also be noted the City Council has previously accepted this site for a three-story development as discussed in the City's Housing Element. It was initially proposed by the Developer in 2009 for a similar affordable housing project. Unfortunately, due to the dissolution of the Former RDA, the project was terminated.
5 of 95
November 19, 2024, Item #10
Height of Retaining Wall and Combination of a Retaining Wall and Fence As discussed above, the retaining walls exceeding six (6) feet in height are necessary to accommodate the subterranean parking and address the topography of the site. Furthermore, allowing the retaining wall and fire-rated fence combination along the north side to exceed six feet is necessary. A 5-foot wide planter between the retaining wall and the fire-rated fence, would reduce the area for recreational amenities for the residents. The over-height retaining walls and combination of retaining walls and fire-rated fence would primarily be visible from onsite only and minimally visible from adjoining properties . The retaining walls would be recessed within the Project site so only the 6-foot high fence would be visible from the adjoining properties as shown on the renderings attached to this report.
Lockable Storage and Private Open Space
Providing the standards required for storage and private open space would result in the reduction of a bedroom and therefore reduce the feasibility of the development. The requested amount of storage and private open spaces is similar to what has been previously approved for affordable housing projects. PMC Section 17.26.770.G specifically allows the City Council to waive these two requirements if determined infeasible.
Affordable Housing Waivers
In addition to the concessions, the applicant is requesting a waiver as prov ided for by Article V of Chapter 17.26 and state Density Bonus Law when development standards and other regulations potentially make the construction of the affordable project physically infeasible.
RA Zone Standard Requested Waiver
50 trees per acre Less than 50 trees
The site cannot accommodate 100 trees within the remaining undeveloped area of the two-acre site.
The site is in the Very High Fire Hazard Area and therefore the area within which tree planting is recommended by the Fire Department is limited. A landscape plan will be required as part of the building permit for this Project and will be required to maximize the number of trees to be planted when considering compliance with the City's FMZ standards .
Affordable Housing Overlay Zone (AHOZ) Design Guidelines and Development Standards The Project meets the general guidelines and development criteria set in Sections 17.26.770.A and B for developing affordable housing on properties with an AHOZ. The Project is comparable to the number of bedrooms, exterior appearance, and overall quality of construction of other new market rate residential development and has an aesthetically pleasing architecture consistent with the surrounding development. The concessions/incentives and waivers for meeting development standards as noted above do not detract from the quality and compatibility of the Project.
Traffic Impact Analysis
A traffic impact analysis report was prepared for the Project. The analysis evaluated the existing and 6 of 95
November 19, 2024, Item #10
future conditions of the street network in the study area including project traffic. Traffic analyses were conducted for the intersections of Monte Vista Road with Pomerado Road, Monte Vista Road with the Project driveway, and for the street segment of Monte Vista Road (east of Pomerado Road). Other known projects within the study area that will add traffic to the area were also considered as a part of this report.
The General Plan requires evaluation of the Level of Service (LOS) of surrounding intersections to ensure adequate capacity exists to accommodate Project traffic with an LOS "D" or better. The report concluded that the intersections are calculated to operate acceptably at LOS "B" or better during the AM and PM peak hours under all scenarios. The study area street segment is calculated to operate acceptably at LOS "A" under all scenarios. The Project will be required to prohibit curbside parking on the north curb of Monte Vista Road, south/east of the Project driveway to ensure the Project driveway meets City sight distance standards.
Affordable Housing Agreement. Ground Lease. and Other Necessary Documents:
Housing Authority staff and the Developer diligently negotiated the terms of the proposed AHA and Attachments (Attachment L), establishing the terms and conditions for the Ground Lease of the Property and the development and operation of the Project. HSC Section 33433 requires that a copy of the proposed AHA and related documents be provided to the public prior to the public hearing, together with the Summary Report (Attachment M) prepared pursuant to Section 33433 summarizing specific points relating to the lease and development of the Property and to land and construction costs.
Under the AHA, the Authority requires forty-nine percent (49%) (i.e. twenty-nine (29)) of the units in the Project to be restricted and occupied by extremely low-, very low-, and low-income households not to exceed 59% AMI, at an affordable rent, for the "restricted period" (which restricted period will be at a minimum of 70 years to potentially 99 years (to be consistent with the term of the Ground Lease to be determined at the closing for the ground lease and construction financing). Further, the Developer has agreed and covenanted to the Authority in the applicable agreements that all other units (other than one manager's unit) in the Project will, by the Developer's voluntary action, be subject to low-income housing tax credits' regulations and rental restr ictions. In addition, one of the confirmed funding sources for the Project is from the California Department of Developmental Services (DDS). This DDS funding requires, as a condition of its loan, that a certain number of units be occupied by an adult household member who is developmentally disabled and, in this regard, the Developer has agreed and covenanted to the Authority in the applicable agreements that at least fifteen (15) units will be restricted . Further, the Property has previously been determined "exempt surplus land" under the California Surplus Land Act set forth at California Government Code Section 54220 et seq., and specifically pursuant to California Government Code Section 54221 (f)(1 )(F). As such, the Developer has agreed and covenanted to comply with all applicable covenants and restrictions on the Project as set forth in California Government Code Section 54221 (f)(1 )(F) (including, but not limited to, affordable income and rent restrictions) .
In total, the Project includes a commitment by the Developer to build eighteen (18) units targeting extremely low-income households (30% AMI), ten (10) units targeting very low-income (50% AMI) households and thirty-one (31) units to low-income (59% AMI) households . There will also be one manager's unit. In terms of size of the units, one-bedroom units are at least 545 square feet, two bedroom units are at least 818 square feet, and three-bedroom units are at least 1,100 square feet . 7 of 95
November 19, 2024, Item #10
Additionally, the proposed Project will provide a full-time on-site resident services coordinator to offer a supportive resident services program to meet the needs of all residents.
The current proposed budget for the Project provides sufficient sources of funds for all improvements and costs including the energy and water conservation features proposed. Specifically, while the exact amounts offunding will be determined prior to the close of escrow for the construction phase funding and for the permanent phase funding, the Developer proposes to finance the Project by a combination of:
(i) a construction loan of approximately $24,609,340 and a permanent loan of approximately $9,865,786 (which permanent loan may be obtained through the issuance of tax-exempt mortgage revenue bonds for the Project);
(ii) Developer Equity including Low-Income Housing Tax Credits equity of approximately $2,978,202 during the construction phase and approximately $19,854,678 during the permanent phase, a deferred Developer Fee of approximately $1,300,000 during the permanent phase, and General Partner equity capital contribution of approximately $1,100,000 during the permanent phase;
(iii) a construction to permanent loan from the State of California's Department of Developmental Services of $2,250,000 for affordable housing rental units occupied by persons with developmental disabilities;
(iv) a construction to permanent loan from the County of San Diego's Innovative Housing Trust Fund of approximately $3,000,000;
(v) a construction to permanent grant of approximately $1,000,000 from the Federal Home Loan Bank to Wakeland (an affiliate of the Developer) under the Federal Home Loan Bank Affordable Housing Program, which grant funding will be loaned by Wakeland to the Developer for the Project;
(i) a construction to permanent loan lease from the Authority in the total amount of $4,590,000 representing the Authority's contribution to the Developer for payment of the fully capitalized rent under the Ground Lease; and
(ii) such other or alternative construction period and/or permanent period financing proposed by the Developer and approved by the Authority . In addition, the Developer proposes to obtain rent subsidies from the Project Based Section 8 Voucher Program administered by the County of San Diego.
As noted in (vi) above, the Housing Authority's contribution to the project is a long-term lease of the property to the Developer at the closing in the amount of $4,590,000 (which amount is equivalent to the fair market value of the Property as shown in an independent appraisal of the Property as of September 13, 2022). The Authority's lease is gap financing intended solely to finance the Developer's capitalized lease payment required for the lease of the Property pursuant to the Ground Lease. The Authority's lease is subject to the terms and provisions of the AHA and will be evidenced by a Promissory Note and secured by a Deed of Trust recorded on the Developer's leasehold estate. The Authority's lease will have a term consistent with the term of the Ground Lease and the restricted period (which will be a minimum of 70 years to potentially 99 years, to be determined at closing) at
3.0% simple interest, and will be repaid by the Developer from a share of residual receipts from the operation of the Project (i.e. annual cash flow of Project after payment of debt service, fees, and costs).
The Section 33433 Summary Report prepared in connection with this Project justifies that the ground 8 of 95
November 19, 2024, Item #10
lease/sales price of the Property is not less than the "fair reuse value" of the Property given the Authority's affordability restrictions and covenants. It further describes why the Project will eliminate blight and confirms the Project is consistent with the Former RDA's Implementation Plan.
At the expiration of the Ground Lease term, the land and the improvements revert to the Authority's full and exclusive ownership. Construction is scheduled to begin not more than 60 calendar days from the close of escrow and will be complete by December 31, 2027.
General Plan Conformance Finding:
In connection with the disposition of the Property, California Government Code Section 65402(a) requires that, if the adopted General Plan applies to the Property, the "planning agency" of the City shall report on the conformance of the location, purpose, and extent of the proposed disposition of the Property for the purposes and uses proposed by the Developer with the adopted General Plan of the City. In this regard, location, purpose, and extent of the proposed disposition of the Property for the purposes and uses proposed by the Developer as described in the AHA documents are in conformance with the City's General Plan because (i) the Project site is located within an AHOZ, is identified in the City's Housing Element, and will include the development of affordable housing, and (ii) the Project includes 60 units, which meets the target density in the AHOZ of 30 units/acre maximum allowable density for this Property.
Neighborhood Meeting:
On December 5, 2022, and April 24, 2024, neighborhood meetings were held to discuss preliminary plans for the proposed Project. At the April 24, 2024, meeting, two invitees attended the meeting who represented the Country Montessori School located across the street from the Project site and asked questions regarding parking and public safety. Prior to the meeting, staff received a phone call and an email from a third invitee who was unable to attend the meeting in person and lives in a home at the end of Monte Vista Road and who expressed concern about how the additional traffic volumes and parking generated by the project can safely be accommodated on Monte Vista Road considering the current traffic and parking situation on the street.
Environmental Review:
The proposed Project pursuant to DR 23-0003 and the AHA, including the Ground Lease, as well as the activities proposed to be undertaken under those agreements and pursuant to the City's entitlements and approvals for the proposed Project, is determined to be categorically exempt from the CEQA as a Class 32 "Infill" Categorical Exemption. Specifically, such Project and activities constitute an infill project meeting all of specified criteria in Section 15332 of the CEQA Guidelines as follows: (a) the Project is consistent with the General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations because (i) the Project site is located within an AHOZ, is identified in the City's Housing Element, and will include the development of affordable housing, and (ii) the Project includes 60 units, which meets the target density in the AHOZ of 30 units/acre maximum allowable density for this Property; (b) the Project is occurring within the City limits on a Project site that is 2.06 acres which is no more than five acres and substantially surrounded by developed urban uses (and the land is disturbed); (c) the Project site has no value as a habitat for endangered, rare or threatened species; (d) approval of the Project does not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the Project site is adequately served 9 of 95
November 19, 2024, Item #10
by all required utilities and public services. Finally, none of the exceptions to CEQA's Class 32 categorical exemption apply here (see, CEQA Guidelines §15300.2), and specifically, no unusual circumstances exist that would result in reasonable possibility that the Project will have a significant impact on the environment.
Fiscal Impact:
The Housing Authority's contribution to the project will be a long-term lease of the property in the amount of $4,590,000 to finance the Developer's capitalized lease payment required for the lease of the Property pursuant to the Ground Lease. The proceeds of the Authority's loan will immediately be used by the Developer exclusively to pay to the Authority the Developer's capitalized lease payment required for the lease of the Property pursuant to the Ground Lease. The Authority's contribution will have a loan term consistent with the term of the Ground Lease and the restricted period (which will be a minimum of 70 years to potentially 99 years, to be determined at closing) at 3.0% simple interest, and will be repaid by Developer from a share of residual receipts from the operation of the Project (i.e. annual cash flow of Project after payment of debt service, fees and costs). The current balance of the Housing Authority Fund is $5,244,947.
Public Notification:
This joint public hearing of the City Council and the Housing Authority Board was appropriately noticed and, in accordance with HSC Sections 33431 and 33433, a notice of the hearing was published in the November 7, 2024, and November 14, 2024, issue of the Poway Chieftain. Additionally, mailed notice of the hearing was sent to all property owners and occupants within 500 feet of the Property/Project site.
Attachments:
A. Resolution of the City Council (i) Approving DR 23-0003, (ii) Determining a Class 32 "Infill" CEQA Categorical Exemption for Project, and (iii) Finding General Plan Conformance B. Resolution of the City Council Approving the Affordable Housing Agreement and Attachments, the Ground Lease of Property, and Ancillary Documents Related to its Implementation, and Approving Other Related Actions
C. Resolution of the Housing Authority Approving, and Authorizing the Executive Director to Execute, the Affordable Housing Agreement and Attachments, the Ground Lease of Property, and Ancillary Documents Related to its Implementation, Approving the Authority loan, and Approving Other Related Actions
D. Zoning/Location Map
E. Site Plan & Conceptual Landscape Plan
F. Floor Plans and Elevations of Building I
G. Floor Plans and Elevations of Building II
H. Floor Plans and Elevations of Building Ill
I. Floor Plan and Elevations of Community Building
J. Renderings
K. Parking Garage Site Plan
L. Affordable Housing Agreement and Attachments
M. Section 33433 Summary Report
10 of 95
November 19, 2024, Item #10
Reviewed/Approved By:
We~~r~
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Ap~ v,"]
c~
City Manager
11 of 95
November 19, 2024, Item #10
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, (i) APPROVING DEVELOPMENT
REVIEW (DR) 23-0003 TO ALLOW THE CONSTRUCTION OF A
60-UNIT AFFORDABLE HOUSING DEVELOPMENT AT 12674
MONTE VISTA ROAD ; ASSESSOR’S PARCEL NUMBER 275-
460-61-00; (ii) DETERMINING THE PROJECT IS EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO THE CLASS 32 INFILL CATEGORICAL
EXEMPTION (CEQA GUIDELINES SECTION 15332 ); AND ( iii)
FINDING THE PROJECT IS IN CONFORMANCE WITH THE
GENERAL PLAN PURSUANT TO GOVERNMENT CODE
SECTION 65402(a)
WHEREAS, Development Review (DR) 23-0003 was submitted by Wakeland Housing and Development Corporation (Applicant) and Poway Housing Authority (Authority) as fee owner of the subject property, requesting approval to construct a 60-unit affordable housing development at 12674 Monte Vista Road (Property) located in the Commercial Office (CO) Zone with an Affordable Housing Overlay. The foregoing development will consist of three buildings in total, two residential buildings each two stories in height and a one -story community building, outdoor amenities and a subterranean parking garage (collectively, Project). Under separate approvals, the Authority proposes to ground lease the Property to Wakeland Monte Vista, LP, an affiliate of Applicant, for development, construction and operation of the Project; WHEREAS, on November 19, 2024, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to DR 23-0003 and the other actions taken by this Resolution;
WHEREAS, on November 19, 2024, the City Council and the Authority will each hold a duly advertised public hearing to solicit comments from the public, both for and against, relative to an Affordable Housing Agreement by and between the Authority and Wakeland Monte Vista, LP, a California limited partnership (affiliate of Applicant), including a Ground Lease of the Property and all other Attachments and Exhibits thereto, establishing the terms and conditions for the lease of the Property and for the development and operation of the Project on the Property; WHEREAS, Poway Municipal Code (PMC) Section 17.52.010 establishes findings for granting a DR and PMC Section 17.26.770.A establishes development guidelines and standards for affordable housing projects on a property having an Affordable Housing Overlay; WHEREAS, the City Council has re viewed and considered the agenda report for the proposed Project, including the attachments, and has considered all other evidence presented at the public meeting; and
WHEREAS, the plans and documents for the Project are available on file in hard copy in the Development Services Department.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway (City) as follows:
SECTION 1: The above recitals are true and correct.
ATTACHMENT A
12 of 95
November 19, 2024, Item #10
Resolution No. 24-
SECTION 2: Pursuant to the California Environmental Quality Act ( CEQA) Guidelines Section 15332, the Project is categorically exempt from the CEQA, as a Class 32 “Infill” Categorical Exemption in that (a) the Project is consistent with the City’s General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations because (i) the Project site is located within an Affordable Housing Overlay Zone (AHOZ), is identified in the City’s Housing Element, and will include the development of affordable housing, and (ii) the Project includes 60 units, which meets the target density in the AHOZ of 30 units/acre maximum allowable density for this Property; (b) the Project is occurring within the City limits on a Project site that is 2.0 6 acres which is no more than five acres and substantially surrounded by developed urban uses (and the land is disturbed); (c) the Project site has no value as a habitat for endangered, rare or threatened species; (d) approval of the Project does not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the Project site is adequately served by all required utilities and public services. None of the exceptions to CEQA’s Class 32 categorical exemption apply here (see, CEQA Guidelines §15300.2), and specifically, no unusual circumstances exist that would result in reasonable possibility that the Project will have a significant impact on the environment.
SECTION 3: The findings for DR 2 3-0003, in accordance with the PMC Section
17.52.010 are made as follows:
A. The project has been designed to be architecturally compatible with surrounding development and conforms with the Affordable Housing Overlay Zone. As designed, the reduction in the standards for private open space and lockable storage, the height of fencing and wall height in excess of six feet, and the three -story character of the development can be permitted pursuant to the Affordable Housing Overlay provisions and will not detract from the aesthetic quality of the project in itself or the surrounding area.
Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City.
B. The project has been designed to minimize impacts on surrounding development by providing a compatible architectural design and landscaping consistent with surrounding development. Therefore, the proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the City.
C. The granting of the DR would not be materially detrimental to the public health, safety or welfare within the community since the proposed development will complete improvements necessary for the development and the development will comply with an approved Fire Plan created particularly for the site.
D. The project been designed in a contemporary Spanish architectural style with several architectural enhancements and is compatible with surrounding architectural design .
Therefore, the proposed development respects the public concern for aesthetic development.
E. The project will incorporate architecture, landscaping and fencing that will not negatively impact the health, safety or architecturally upon existing adjoining properties, or the City in general.
F. The design and improvement of the proposed development are consistent with all elements of the Poway General Plan and Zoning Code.
13 of 95
November 19, 2024, Item #10
Resolution No. 24-
SECTION 4: The findings for DR 23-0003, in accordance with Government Code Section 66020 for the public improvements needed as a result of the proposed Project to protect the public health, safety and welfare, are made as follows:
A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this project.
B. The construction of public improvements of providing a fire hydrant to serve the development is needed as a result of the proposed Project to protect the public health, safety, and welfare, as further described in the conditions of approval.
C. In accordance with the Poway General Plan, the proposed Project requires the payment of development impact fees, which are assessed on a pro -rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City.
SECTION 5: The City Council hereby approves DR 23-0003 as shown on the plans stamped as approved on November 19, 2024, on file in the Development Services Department, except as noted herein, and subject to the following conditions:
A. Approval of this DR request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance , and all other applicable City Ordinances and Codes in effect at the same time of Building Permit Issuance.
B. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorn ey's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant.
C. Within 30 days of the date of this approval, and before the issuance of any permit , the Applicant shall submit in writing that all conditions of approval have been read and understood the Statement of Understanding (SOU).
D. This approval is based on the existing site conditions and proposed project details represented on the plans stamped as approved on November 19, 2024 , on file at the Development Services Department. If actual conditions and details vary from representations on the approved plans , the approved plans must be changed to reflect the existing site conditions and proposed project details. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans. 14 of 95
November 19, 2024, Item #10
Resolution No. 24-
E. Condition Declared Void. Whenever there becomes final any judgement of a court of competent jurisdiction declaring one or more of the conditions of a development review approval to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions, said development review approval shall cease to be valid and all rights or privileges granted thereby shall lapse, as provided by PMC 17.52.110.
F. Violation of Condition. Whenever a development review is approved or modified by the approving authority subject to a condition or conditions, use or enjoyment of the development review approval in violation of or without observance of any such conditions shall constitute a violation of the zoning ordinance and said development review approval may be revoked or modified as provided in PMC 17.52.100. (Ord. 113 §§ 1 (Exh. A 10.3.9), 2, 1983; Ord. 44 § 3 (Exh. A), 1981)
G. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirement that govern construction activity and noise levels.
H. Prior to issuance of a Building Permit, the applicant shall obtain approval of a Grading Permit. Compliance with the following conditions is required prior to issuance of the Grading Permit:
(Engineering)
1. Submit a precise grading plan for the development of the lot prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. The plans shall use vertical datum NAVD88. Please be aware that all elevations in the Poway Benchmark list are datum NGVD 29 and will need to be converted. Submittal shall be made to the Department of Devel opment Services Engineering Division for review and approval. The grading design shall be 100% complete at the time of submittal, ready for approval and issuance of permit.
Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the PMC shall be submitted. The applicant shall pay the grading permit and plan check fee according to the latest adopted master fee schedule.
2 The applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the grading plan and be appropriately sized for the proposed level of development.
3 The applicant must show upgrades to all driveways serving the property to be Americans with Disabilities Act (ADA) compliant. The applicant must be approved for Right-of-Way (ROW) permit prior to start of construction.
4. A drainage study addressing the impacts of the 100 -year storm event prepared by a licensed Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer.
5. Water Quality Control – Design and Construction:
The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project 15 of 95
November 19, 2024, Item #10
Resolution No. 24-
and will be subject to all City and State requirements. Two copies of a final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved.
Once the final SWQMP is approved:
a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the PMC, and a signed PDF version.
b. The developer shall execute an approved Storm Water Facilities Maintenance Agreement (SWFMA) accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in section 16.104 of the PMC.
6. Water Quality Control – Construction Storm Water Management Compliance.
If the project proposes to disturb an area greater than 1 acre, proof of coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP).
7. If the disposal of groundwater is necessary during construction , a dewatering plan shall be submitted for review and approval. Extracted groundwater should be discharged to surface waters under the current general National Pollutant Discharge Elimination System (NPDES) permit adopted by the California Regional Water Quality Control Board (RWQCB). Proof of coverage under this permit will be required. To protect water quality in the San Diego area, the City recognizes that it may be necessary to accept discharges of extracted groundwater to the sewer system.
Discharges to the sewer system will only be allowed if it is determined that sewering this wastewater is the most appropriate and prudent disposal alternative and when sufficient hydraulic and treatment plant capacity is available to allow such discharges into the sewer system. Grading securities shall be posted with the City prior to grading plan approval per section 16.46.080 of the PMC. A minimum cash security of $2,000.00 is required in all instances.
8. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule.
9. Any existing and proposed public easements shall be depicted on the grading plans.
The proposed public easement dedications shall be submitted prior to grading permit issuance.
10. Any private improvements within any publicly held easement or ROW may require an encroachment agreement as determined necessary by the City Engineer. All necessary encroachment agreements shall be approved and executed prior to grading permit issuance.
11. Following approval of the grading plans, posting of securities and fees, and receipt of three copies of the approved plans, the applicant shall attend a pre -construction meeting at the Department of Development Services. The scheduling request shall 16 of 95
November 19, 2024, Item #10
Resolution No. 24-
be submitted on a City standard form found at
https://poway.org/DocumentCenter/View/10254/Preconstruction-Meeting-Request- Fillable?bidId= along with three copies of the approved grading plans. The applicant’s action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector.
12. Prior to start of any work within a City-held easement or ROW, a ROW Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance.
13. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. At a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans.
(Traffic Engineering)
14. The project driveway shall be designed to meet City sight distance standards. This will require prohibiting curbside parking on the north curb of Monte Vista Road, south/east of the project driveway.
(Planning)
15. The applicant shall submit landscape and irrigation plans . Landscape plans must conform to the standards provided in the PMC 17.41 Landscape and Irrigation Efficiency, PMC 12.32 Urban Forestry, and the Poway Landscape and Irrigation Design Manual, and other regulations as required.
The landscape and irrigation plan submittal is a separate submittal from other project plan check submittals and is made directly to the Planning Division. Landscape and irrigation plan review fees are required and are the responsibility of the applicant.
16. A Tree Removal Permit shall be obtained prior to the removal of existing trees. A separate permit is required for trees within the public right-of-way and trees located on private property. The removal of both public and private trees shall conform to Chapter
12.32 (Urban Forestry) Articles II and III of the PMC. If the trees are proposed to be removed during the recognized nesting season for birds (February 15 through August 15), a nesting bird survey shall be conducted by a qualified biologist and report the findings in writing to the City. Between February 15 and August 15, removal of trees containing nests shall be delayed until such time as the nest(s) have been abandoned unless the removal can be completed in accordance with California State codes and the Federal Migratory Bird Treaty Act of 1918).
17. The applicant shall submit to the City’s Planning Division (City Planner) for its review and approval a Construction Noise Management Plan (CNMP) in compliance with the noise study dated April 2024. Notes shall be added to the grading plans consistent 17 of 95
November 19, 2024, Item #10
Resolution No. 24-
with the CNMP.
18. The applicant shall submit to the City’s Planning Division (City Planner) for its review and approval a Blasting Plan (CNMP) in compliance with the noise study dated April 2024 so that blasting activities, if required, can be scheduled to maximize safety and minimize noise disturbance. Notes shall be added to the grading plans consistent with the approved Blasting Plan.
I. Prior to issuance of a Building Permit the applicant shall submit building plans consistent with the approved project plans on file in the Development Services Planning Division.
Compliance with the following conditions is required prior to issuance of the Building Permit:
(Building)
1. The development shall comply with the current addition of the California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety requirements.
2. The accessible parking will be reviewed during plan review thru the Building Division.
(Engineering)
3. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the a pproved grading plan, the approved soils report, and grading practices acceptable to the City.
4. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life.
5. The applicant shall obtain a Grading Permit and complete rough grading of the site.
The grading shall meet the approval of the Engineering Inspector and the project’s geotechnical engineer. Following completion of rough grading, please submit the following:
a. Two copies of certification of line and grade for the lot, prepared by the civil engineer of work.
b. Two copies of a soil compaction report for the lot, prepared by the project’s geotechnical engineer.
c. The certification and report are subject to review and approval by the City.
6. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer, in accordance with the submittal and content requirements listed in the PMC shall be approved. Submittal 18 of 95
November 19, 2024, Item #10
Resolution No. 24-
shall be made to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100% complete at the time of submittal and ready for approval. The applicant shall pay the improvement plan check fees according to the latest adopted master fee schedule. The plan shall include, at a minimum, the following features:
a. A fire hydrant to service the project, served by a public water main (see Water Analysis requirement below).
b. A plat and legal description (to be submitted separately via an Easement Submittal) for a minimum 20-foot-wide water easement shall be submitted concurrently to accommodate the public water main on the project site.
7. A water analysis (to be completed by the City consultant and paid for by the applicant) will be required for the water system design prior to improvement plan approval. Once the fire hydrant configuration has been accepted by the Fire Department, please email [email protected] a pdf of the configuration and she will coordinate with the City’s consultant on the water analysis fee required. Once the applicant has paid the fee, the water analysis can begin and typically takes 2 -3 weeks to complete. Please proceed with this immediately so that the analysis can occur while you continue to work on plan revisions and/or during the next plan review.
8. The applicant shall enter into a Standard Agreement for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for public improvements in accordance with the PMC Section 16.20.
9. The applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at time of permit issuance.
10. If there is an instrument for Covenants, Conditions, and Restrictions (CC&R), which addresses construction and maintenance of the private road, slopes, utilities, drainage, or accesses in the development, said CC&Rs shall be reviewed by the City prior to recordation.
(Public Works – Facilities Maintenance)
11. Root barriers shall be provided for all trees near the City ROW or easements.
(Planning)
12. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 679-2570.
13. The applicant shall comply with the latest adopted construction related codes, and all other applicable codes and ordinances in effect at the time of Building Permit issuance.
14. Exterior building and wall materials and finishes shall be specified on the building plans and shall be consistent with the approved DR plans to the satisfaction of the Director of Development Services.
19 of 95
November 19, 2024, Item #10
Resolution No. 24-
15. The height and materials of fences shall be clearly called out on the plans.
16. Site lighting, including lights on poles and on structures, shall be shielded and shall PMC standards. Wall-mounted security lights shall only be used on the rear or interior sides of buildings.
17. Any signs proposed for this development shall be designed and approved in conformance with PMC sign ordinance . The necessary Sign Permit(s) and Building Permit(s) approvals for signage shall be obtained prior to installation.
18. The landscape and irrigation plans submitted with the grading plan shall be approved.
(Public Works – Drainage)
19. All stormwater assets on property will be private and the maintenance and repairs shall be the responsibility of the developer.
J. The following improvements shall be provided to the satisfaction of the Fire Chief:
1. This parcel is located within the very high fire hazard severity area of the City and is new construction; therefore, the California Building Code Chapter 7A and the PMC
15.24 shall apply. Ignition resistant class I construction shall be required per the California Building Code Chapter 7A.
2. Approved water supplies, capable of supplying the required fire flow of 1500GPM for fire protection, shall be provided to all premises within 400 feet of all structures following an approved route. A water analysis shall be performed to establish the adequacy of the existing water main and all necessary system design to serve the project. Costs of the water analysis shall be the responsibility of the applicant. The approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible materials arrive on site.
3. Fire sprinkler systems, fire alarm systems, underground fire mains, fire hydrants, and courtyard wet standpipe with FDC shall be required. Each building shall be protected by a fire sprinkler and fire alarm system. A new fire hydrant shall be placed at the entrance between building 1 and the parking spaces. An FDC serving the wet standpipe system shall be placed near the new fire hydrant. The wet standpipe system shall be placed in the courtyard between buildings 2 and 3. The fire alarm system shall be designed for ADA. Separate plan submittals and approvals to the Poway Fire Department, Division of Fire Prevention, prepared by a licensed sprinkler contractor or fire protection engineer are required prior to installation. There are separate fees for these plan check and inspection services. If a pressure pump is required for fire sprinkler system operations, then auxiliary power is required. All fire protection designs shall meet the CFC, NFPA, and Poway Fire Codes.
4. Fire apparatus access roadways and driveways shall have an unobstructed, improved width of not less than 20 feet, except that single -family residential driveways serving no more than two improved parcels containing dwelling units are permitted to have a minimum of 16 feet of unobstructed improved width. In most cases, the City construction standards for streets (Chapter 12.20 PMC) will be more restrictive. The more restrictive standards shall apply. Vertical overhead clearance shall be a minimum 20 of 95
November 19, 2024, Item #10
Resolution No. 24-