AGENDA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway , CA I 92064 May 5, 2026 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
Jenny Maeda
Deputy Mayor
Peter De Hoff
Councilmember
Christopher J. Pikus Vacant
Councilmember Councilmember
Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.
The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE :
MOMENT OF SILENCE:
PRESENTATION : None
PUBLIC COMM ENT: 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 Municipa l Code, the speaking time may be reduced. Speakers have one opportun ity 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 wit hout discussion unless a Councilmember, a mem ber of the publi_c, or City Manager requests that an item be removed fo r discussion.
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the February 17, 2026 and March 3, 2026 Regular City Council Meeting Minutes
3. Second Reading and Adoption of Ordinance No. 881 entitled "An Ordinance of the City Council of the City of Poway, California, Authorizing an Amendment to the Contract between the City Council of the City of Poway and the Board of Administration of the California Public Employees' Retirement System (CalPERS)"
4. Award of Contract to Eagle Paving LLC for the Fiscal Year 2025-26 Street Overlay Zone 1 Project; Bid No. 26-013
5. Award of Contract to Sitka Construction Group LLC for the Fiscal Year 2026 Poway Center for the Performing Arts Maintenance Project, Bid No. 26-010, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
6. Award of Contract to Palm Engineering Construction, Inc., for the Annual Sewer Line Repair/Replacement Project, Bid No. 26-012 and Determination the Project is Categorically Exempt from the California Environmental Quality Act
2 of 4 Regular City Council Meeting May 5, 2026
7. Approval of Consultant Agreement Amendment No. 1 with Bowman Consulting Group LTD., formerly Project Design Consultants, for the Community Park Concrete Ribbon Drain Project; RFP No. 24-003
ORDINANCES FOR INTRODUC TION : None
PUBLIC HEARINGS:
8. Appeal 26-0001 - An Appeal of the Denial of Boundary Adjustment Application 25-0002, Located South of Ahwahnee Way and North of Cree Drive (APNs 317-611-01 and 314-440-38) City Manager's Recommendation: It is recommended the City Council deny the appeal, upholding the denial of BA 25-0002, pursuant to the attached Resolution. Should the City Council instead decide to grant the appeal, in whole or in part, staff will return at a future date with a new resolution with revised findings in accordance with the City Council's decision.
STAFF REPORTS:
9. Resolution to Establish the Policy and Procedures for Recessing and Reconvening Hybrid Brown Act Meetings as a Result of a Disruption in Remote Participation City Manager's Recommendation: It is recommended the City Council adopt the attached Resolution establishing a Technology Disruption Policy in compliance with Senate Bill 707 at the May 5, 2026 Regular City Council meeting.
10. Appointment to the Parks and Recreation Advisory Committee City Manager's Recommendation: It is recommended the City Council approve to appoint one (1) member to the Parks and Recreation Advisory Committee, as nominated by Council, to include a one (1) one-year term (partial term) expiring December 31, 2026.
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any public report of any acti on taken in closed session) CLOSED SESSION:
11. Conference with Real Property Negotiators
Pursuant to Government Code § 54956.8
Property: 1 Boulder Mountain Rd., Poway, CA 92064; APNs 275-260-28-00, 275-470-21-00, and 275-470-24-00
City negotiators: Chris Hazeltine, Julie Procopio
Negotiating parties: Lyle Arnold, Industrial Data Link Corporation 3 of 4 Regular City Council Meeting May 5, 2026
Under negotiation: Price and terms
12. Conference with Real Property Negotiators
Pursuant to Government Code § 54956.8
Property: 0 Dorothea Terrace, Poway, CA 92064; APN 316-020-08-00 City negotiators: Chris Hazeltine, Julie Procopio
Negotiating parties: Ronald L Mahling Trust
Under negotiation: Price and terms
13. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code§ 54956.9(d)(1)
Two (2) Cases
Name of Cases: California Attorney General v. City of Poway, et al, San Diego Superior Court Case No. 26CU021822C; San Pasqual Band of Mission Indians v. City of Poway, et al, San Diego Superior Court Case No. TBD
14. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code§ 54956.9(d)(s) - Significant Exposure to Litigation One (1) Case
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 April 28, 2026.
Said meeting to be held at 7:00 p.m., May 5, 2026, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. 4 of 4 Regular City Council Meeting May 5, 2026
1 of 12
May 5, 2026, Item #2
AG EN DA REPORT City of Poway
DATE:
TO:
FROM:
May 5, 2026
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk c,,,{~
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the February 17, 2026 and March 3, 2026 Regular City Council Meeting Minutes
Summary
The City Council Meeting Minutes submitted hereto for approval are:
• February 17, 2026 and March 3, 2026 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.
Recommended Action:
It is recommended the City Council approve the February 17, 2026 and March 3, 2026 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. February 17, 2026 Regular City Council Meeting Minutes B. March 3, 2026 Regular City Council Meeting Minutes
oved By:
Trac tevens
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
2 of 12
May 5, 2026, Item #2
ATTACHMENT A
,.
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
February 17, 2026
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: Peter De Hoff, Christopher J. Pikus, Jenny Maeda, Steve Vaus STAFF MEMBERS PRESENT:
City Manager Chris Hazeltine; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Julie Procopio; Director of Finance Craig Schmollinger; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Brian Mitchell; Captain Claudia Delgado, San Diego County Sheriff's Office.
(Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, City Attorney and City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, City Attorney/Counsel and City Clerk/Secretary.)
PLEDGE OF ALLEGIANCE:
Deputy Mayor Maeda led the Pledge of Allegiance.
MOMENT OF SILENCE:
Mayor Vaus led a moment of silence.
PRESENTATIONS:
None.
Mayor Vaus announced that, at the request of the Applicant, Item No. 8 "Development Review 25-0002 and Tentative Tract Map 25-0002, a Request to Construct 47 Townhomes and Three Ground-Floor Commercial Spaces within the Town Center Land Use District of the Poway Road Corridor Specific Plan Located at 13044 and 13056 Poway Road (APNs 317-101-04 and 317- 3 of 12
May 5, 2026, Item #2
City of Poway -Minutes -February 17, 2026
101-05); and Determine the Project is Categorically Exempt from the California Environmental Quality Act" will be continued to a date uncertain.
PUBLIC COMMENT:
Jim Ambrose shared concerns regarding the pickleba/1 court concept plan at the Farm.
Anita Edmondson thanked the Poway Firefighters Association for their recent endorsement of her District 2 campaign, she expressed opposition to the lntracorp mixed use project, and proposed the City host a public workshop on Poway Road development.
Vanessa Springet expressed concerns regarding potential tennis and pickleba/1 court plans at the Farm, specifically noise issues, she voiced parking-related concerns with the lntracorp project, and stated support for a Poway Road development workshop.
CONSENT CALENDAR:
Motioned by Councilmember De Hoff, seconded by Mayor Vaus to approve Consent Calendar Items 1, 2 and 4. Motion carried 4/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
De Hoff, Pikus, Maeda, Vaus
None
None
None
None
Motioned by Councilmember De Hoff, seconded by Mayor Vaus to approve Consent Calendar Item 3. Motion carried 3/1 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
De Hoff, Pikus, Vaus
Maeda
None
None
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the November 18, 2025 Regular City Council meeting minutes
3. Approval of Final Map for Tentative Parcel Map 24-0002; Todd Wiersum, Applicant (APN 321- 110-52-00)
Applicant Todd Wiersum spoke in support of Item #3.
Jeff Schmidt spoke in opposition to Item #3.
4. Award of Contract to L. B. Civil Construction, Inc., for the Annual Channel Rehabilitation Project, Bid No. 26-007 and Determination the Project is Categorically Exempt from the California Environmental Quality Act
4 of 12
May 5, 2026, Item #2
City of Poway -Minutes -February 17, 2026
ORDINANCES FOR INTRODUCTION:
5. Ordinance to Repeal Poway Municipal Code Provisions Regarding Conduct During Physical Attendance at City Council Meetings
City Attorney Alan Fenstermacher presented the item, noting the item is intended to repeal certain provisions of the Poway Municipal Code (PMC) related to conduct during physical attendance at City Council meetings. He explained the proposed amendments to the PMC would delete recently added sections requiring Council Members to request a recess before leaving the dais and would instead return to prior practices guided by general standards of reasonableness.
Mr. Fenstermacher further noted the ordinance would remove a provision restricting public comment from addressing individual Council Members, noting it to be unenforceable and inconsistent with the Brown Act, stating the provision has created confusion.
Public Comment:
None.
End of Public Comment.
Council discussion ensued. Council discussed the prior adoption of the provisions, noting they were implemented in response to an unprecedented situation within Council and the provisions were intended to formalize basic expectations of decorum and conduct during meetings. Council further commented that the circumstances prompting the adoption of the provisions had since been resolved and expressed support for returning to prior practices.
Responding to Council questions, City Attorney Fenstermacher explained the current provision restricting public comment likely dates back to the City's incorporation and he provided an example of a municipality being subjected to a legal challenge on constitutional and Brown Act grounds, noting public speakers are permitted to address individual Council Members.
As requested by the Mayor, City Clerk Gallagher titled the Ordinance for introduction.
Motioned by Mayor Vaus, seconded by Deputy Mayor Maeda to introduce Ordinance No. 880 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 2.18 (Meetings) of the Poway Municipal Code Regarding Physical Attendance at City Council Meetings" for first reading by title only, waive further reading and schedule the adoption of the Ordinance for the March 3, 2026 Regular City Council meeting. Motion carried 4/0 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
De Hoff, Pikus, Maeda, Vaus
None
None
None
None
5 of 12
May 5, 2026, Item #2
City of Poway -Minutes -February 17, 2026
PUBLIC HEARINGS:
6. Tentative Parcel Map 24-0003, a Request to Subdivide One Commercial Parcel into Two Commercial Parcels (APN 317-101-40-00, 317-101-41-00, 317-101-42-00 and 317-101-43- 00); and Determine the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
Mayor Vaus opened the Public Hearing at 7:22 p.m.
Director of Development Services Julie Procopio presented the item along with a PowerPoint presentation. Ms. Procopio stated the project site location and noted it to be within the Poway Road Corridor Specific Plan area. She added the property is developed with five commercial buildings fronting Poway Road and a mini-storage facility located to the rear. Existing uses include retail, restaurant, service, and automotive-related facilities.
She explained the proposed subdivision would create two parcels: a larger parcel containing the primary commercial buildings and storage facility, and a smaller parcel at the southwest corner containing the drive-through restaurant and car wash.
Ms. Procopio noted the site was originally developed in the 1970s under prior standards, and the project includes conditions of approval intended to bring the property into conformance with current City standards. These improvements include installation of streetlights, driveway consolidation and ADA upgrades, a bus bench pad, landscape enhancements, updates to the comprehensive sign plan, and construction of screened trash enclosures to meet stormwater requirements.
Public Comment.
The following individual spoke in support of Item #6:
David May (via American Sign Language interpreter).
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:29 p.m.
Council discussion ensued. Council expressed support for the project, noting the proposed subdivision and associated improvements would enhance the existing commercial center.
Council highlighted benefits including landscaping upgrades, ADA improvements, and screened trash enclosures, as well as driveway consolidation to improve traffic flow and safety along Poway Road.
Responding to Council questions, staff confirmed the consolidation of two driveways into one and explained that, although the site includes multiple Assessor's Parcel Numbers (APNs), it constitutes a single legal parcel. Staff further clarified the subdivision would not affect allowable density or the site's housing inventory designation.
Motioned by Councilmember De Hoff, seconded by Councilmember Pikus to find and determine the project is categorically exempt from CEQA and adopt Resolution No. 26- 004 entitled "A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Map (TPM) 24-0003 to Subdivide One Parcel into Two 6 of 12
May 5, 2026, Item #2
City of Poway -Minutes -February 17, 2026
Commercial Parcels within the Poway Road Corridor Specific Plan, Town Center District, Assessor's Parcel Numbers 317-101-40-00, 317-101-41-00, 317-101-42-00 and 317-101-43-00". Motion carried 4/0 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
De Hoff, Pikus, Maeda, Vaus
None
None
None
None
7. Conditional Use Permit 25-0001 and Development Review 25-0003, a Request to Construct a 950 Square-Foot Dutch Bros Coffee, with a Two-Lane Drive-Through, in the Automotive General Commercial Land Use District of the Poway Road Corridor Specific Plan, within the Existing Lowe's Home Improvement Parking Lot, Located at 13740 Poway Road, (APN 317- 130-69-00); and Determine the Project is Categorically Exempt from the California Environmental Quality Act
This Public Hearing item was continued from the February 3, 2026 Regular City Council meeting. Mayor Vaus continued the Public Hearing at 7:33 p.m.
Associate Planner Jazmin Sanchez presented the item along with a PowerPoint presentation.
She noted the project site is located within the Automotive General Commercial land use district of the Poway Road Corridor Specific Plan (PRSP), occupying the southwest corner of the existing Lowe's parking lot.
Ms. Sanchez described the proposed development as a 950-square-foot, single-story building with a maximum height of 24 feet, including a two-lane drive-through and trash enclosure. The modern industrial design incorporates earth-tone colors and is compatible with surrounding commercial uses. A walk-up service window is proposed on the western elevation, with pedestrian access from Poway Road via an enhanced crosswalk, supporting PRSP pedestrian-oriented goals.
She explained the project requires removal of 15 trees, to be replaced on a one-for-one basis.
Existing landscaping along Poway Road will be maintained. The project provides parking in compliance with City standards.
Traffic access is provided from Poway Road. A traffic memorandum concluded the project would not result in significant impacts. A 2 lane drive-through accommodates up to 19 vehicles, with additional queuing managed on-site during peak periods.
Ms. Sanchez reported a neighborhood meeting was held on September 15, 2025, with notice provided to property owners and occupants within 500 feet. One comment was received regarding noise. She noted the project does not include loudspeakers, and a noise study determined levels would not exceed 45 decibels at the nearest sensitive noise receptors, resulting in no significant impacts.
Public Comment.
None.
End of Public Comment.
7 of 12
May 5, 2026, Item #2
City of Poway -Minutes -February 17, 2026
Mayor Vaus closed the Public Hearing at 7:38 p.m.
Council discussion ensued. Council expressed support for the project, noting the tree replacement component and the site's location along Poway Road as well-suited to serve both residents and commuters. Council discussed regional traffic patterns and suggested the project could capture commuter trips while providing a convenient local service.
Council also noted the project would enhance an underutilized portion of the existing parking lot, with proposed landscaping and screening improving the site's appearance. The project was described as consistent with prior planning for the site, modest in scale, thoughtfully designed, and adequately separated from nearby residential uses. Council indicated a preference that any future operational changes involving drive-through speakers be subject to Council review rather than administrative approval.
Motioned by Councilmember De Hoff, seconded by Councilmember Pikus to find and determine the project is categorically exempt from the California Environmental Quality Act (CEQA) and adopt Resolution No. 26-005 entitled "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 25-0001 and Development Review 25-0003 for the Construction of a Dutch Bros Coffee with a Drive Through Located at 13740 Poway Road; Assessor Parcel Number 317-130-69-00".
Motion carried 4/0 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
De Hoff, Pikus, Maeda, Vaus
None
None
None
None
8. Development Review 25-0002 and Tentative Tract Map 25-0002, a Request to Construct 47 Townhomes and Three Ground-Floor Commercial Spaces within the Town Center Land Use District of the Poway Road Corridor Specific Plan Located at 13044 and 13056 Poway Road (APNs 317-101-04 and 317-101-05); and Determine the Project is Categorically Exempt from the California Environmental Quality Act
Mayor Vaus continued the Public Hearing to a date uncertain, per the applicants' request.
Public Comment.
The following individual submitted a written comment card in opposition to Item #8:
Diana Newland
End of Public Comment.
STAFF REPORTS:
None.
WORKSHOPS:
8 of 12
May 5, 2026, Item #2
City of Poway -Minutes -February 17, 2026
None.
COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Deputy Mayor Maeda reported attending the first in-person Cal Cities meeting of the year. She noted the District Attorney discussed the County's implementation of Proposition 36 without additional State funding. She further noted a presentation provided by representatives from 2-1- 1 and she added having invited the organization to present at a future City Council meeting in Poway.
Mayor Vaus shared a local news story reporting Poway was recently ranked the seventh safest city in the State of California, an improvement from number 12 the prior year, and expressed appreciation to the Sheriff's Department including the Volunteer Sheriff's Patrol. He further reported on Senate Bill 677, stating it would shift local land use authority to the State, and announced his intent to submit a letter of opposition, inviting the full Council to participate in signing the letter.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.
CLOSED SESSION:
None.
ADJOURNMENT:
The meeting was adjourned at 7:46 p.m.
Carrie Gallagher, CMC
City Clerk
City of Poway, California
9 of 12
May 5, 2026, Item #2
ATTACHMENT B
CITY
OF
POWAY
CITY
COUNCIL
REGULAR
MEETING
MINUTES
March
3,
2026
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:
Peter
De
Hoff,
Christopher
J.
Pikus,
Jenny
Maeda,
Steve
Vaus
STAFF
MEMBERS
PRESENT:
City
Manager
Chris
Hazeltine;
City
Attorney
Alan
Fenstermacher;
Deputy
City
Clerk
Ellis
Webster;
Director
of
Development
Services
Julie
Procopio;
Director
of
Human
Resources
and
Risk
Management
Jodene
Dunphy;
Director
of
Public
Works
Eric
Heidemann;
Director
of
Community
Services
Audrey
Denham
; Fire
Chief
Brian
Mitchell;
Captain
Claudia
Delgado,
San
Diego
County
Sheriff
's
Office.
(Note:
Hereinafter
the
titles
Mayor,
Deputy
Mayor,
Councilmember,
City
Manager,
City
Attorney
and
Deputy
City
Clerk
shall
be
used
to
indicate
Mayor/Chair
,
Deputy
MayorNice
Chair,
Councilmember/Director
, City
Manager/Executive
Director,
City
Attorney/Counsel
and
Deputy
City
Clerk/Secretary
.)
PLEDGE
OF
ALLEGIANCE:
Deputy
Mayor
Maeda
led
the
Pledge
of
Allegiance.
MOMENT
OF
SILENCE:
Mayor
Vaus
led
a
moment
of
silence
in
remembrance
of
all
those
serving
in
the
Middle
East,
and
for
the
families
of
the
service
members
who
lost
their
lives
at
Port
Schwab,
Kuwait,
while
supporting
Operation
Epic
Fury
.
PRESENTATIONS: None
.
10 of 12
May 5, 2026, Item #2
City
of
Poway
-
Minutes
-
March
3,
2026
PUBLIC
COMMENT:
James
Ambrose
requested
open
communication
between
the
City
and
residents
as
it
relates
to
development
projects
at
The
Farm.
Nancy
Bragg
addressed
the
Council
on
behalf
of
residents
of
the
Garden
Road
community
regarding
code
compliance
violations
and
enforcement
actions
in
the
neighborhood.
CONSENT
CALENDAR:
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
De
Hoff
to
approve
Consent
Calendar
Items
1 through
6. Motion
carried
4/0
by
the
following
roll-call
vote:
Ayes: Noes: Abstained: Absent: Disqualified:
De
Hoff,
Pikus,
Maeda,
Vaus
None None None None
1. Approval
of
Reading
by
Title
Only
and
Waiver
of
Reading
in
Full
of
Ordinances
on
this
Agenda
2. Approval
of
the
December
2, 2025
Regular
City
Council
Meeting
Minutes
3. Second
Reading
and
Adoption
of
Ordinance
No.
880
entitled
"An
Ordinance
of
the
City
Council
of
the
City
of
Poway,
California
, Amending
Chapter
2.18 (Meetings)
of
the
Poway
Municipal
Code
Regarding
Physical
Attendance
at
City
Council Meetings"
4. City's Investment
Report
as
of
December
31,
2025
5. Approval
of
Resolution
No.
26-006,
acknowledging
receipt
of
the
Fire
and
Life
Safety
Inspection
Report
6. Approval
of
Agreement
Between
the
City
of
Poway
and
the
California
Department
of
Technology
(CDT)
for
the
Purchase
of
Microsoft
Product
and
Services
ORDINANCES
FOR
INTRODUCTION:
None. PUBLIC
HEARINGS:
None. STAFF
REPORTS:
7. Capital
Improvement
Program
Update
Principal
Civil
Engineer
Jonathan
Schauble
presented
the
item
along
with
a
PowerPoint
presentation
. Mr
. Schauble
explained
the
CIP
identifies
and
prioritizes
projects
necessary
to
maintain
the
City's
infrastructure
and
quality
of
life
. The
current
CIP
, approved
in
June
2025,
includes
78 projects
with
approximately
$68.9
million
in
total
funding
across
five
categories
:
streets,
drainage,
public
facilities,
water,
and
sewer.
11 of 12
May 5, 2026, Item #2
City
of
Poway
-
Minutes
-
March
3,
2026
Mr.
Schauble
reviewed
streets
projects,
reporting
completion
of
the
2025
Annual
Street
Maintenance
and
Overlay
Program
in
Maintenance
Zone
8,
which
resurfaced
approximately
five
million
square
feet
of
pavement.
He
noted
the
City's
average
Pavement
Condition
Index
(PCI)
increased
following
completion
of
the
work.
He
also
provided
updates
on
the
Traffic
Signal
Controller
Upgrades
Project,
scheduled
to
begin
construction
in
April,
the
completed
ADA
Barrier
Removal
Project
at
Buckley
Street,
and
a
proposed
overhead flashing
beacon
at
Fire
Station
2. Mr
.
Schauble
discussed
drainage
projects,
including
the
Annual
Channel
Rehabilitation
Project
and
the
proposed
Rattlesnake
Creek
Ribbon
Drain
Project
at
Community
Park
to
address
deteriorated
drainage
infrastructure.
He
provided
updates
on
public
facilities
projects,
including
the
Community
Park
Restroom
Project,
a
proposed
Pickleball
Courts
Project,
and
several
maintenance
and
improvement
projects
at
the
Poway
Center
for
the
Performing
Arts
(PCPA). Finally,
Mr
. Schauble
reviewed
water
and
sewer
projects
included
in
the
CIP,
including
completion
of
the
Annual
Water
Valve
Replacement
Project
and
ongoing
planning
efforts
for
the
Water
and
Sewer
Master
Plans.
He
also
noted
the
Butterfield
Trail
Sewer
Project
is
nearing
completion
of
design
and
is
expected
to
be
released
for
public
bidding
this
spring.
Public
Comment.
None. End
of
Public
Comment.
Council
discussion
ensued
. Council
discussed
the
breadth
of
projects
included
in
the
City's
Capital
Improvement
Program
and
commended
staff
for
maintaining
and
improving
the
City's
infrastructure
and
amenities.
Council
highlighted
the
City's
strong
pavement
condition
ranking
compared
to
other
San
Diego
County
agencies
and
expressed
appreciation
for
staff's
ongoing
efforts
to
maintain
roadway
quality.
Council
also
discussed
the
proposed
Pickleball
Courts
Project,
noting
the
growing
community
interest
in
pickleball
and
expressing
support
for
the
proposed
location.
Council
recognized
staff
for
successfully
managing
numerous
projects
across
multiple
infrastructure
areas
throughout
the
City.
This
was
an
informational
item.
No
action
was
taken.
WORKSHOPS: None. COUNCIL-INITIATED
ITEMS:
None. COUNCIL
COMMITTEE
REPORTS
and
ANNOUNCEMENTS:
Pursuant
to
AB1234
-(G.C
.
53232(d))
12 of 12
May 5, 2026, Item #2
City
of
Poway
-
Minutes
-
March
3,
2026
Councilmember
De
Hoff
spoke
regarding
the
recent
Firefighters
Badging
Ceremony
held
at
the
PCPA
and
expressed
appreciation
for
the
dedication
and
sacrifices
made
by
firefighters
and
their
families
in
service
to
the
community
.
Councilmember
Pikus
spoke
regarding
the
recent
Firefighters
Badging
Ceremony
and
shared
appreciation
for
the
Public
Works
Department
and
contractors
for
landscaping
improvements
along
Twin
Peaks
Road
. He
also
noted
that
he
and
Deputy
Mayor
Maeda
recently
hosted
a
Webelos
scout
group
.
Mayor
Vaus
spoke
regarding
the
Firefighters
Badging
Ceremony
and
thanked
staff
for
supporting
the
event.
He
also
shared
having
recently
attended
a
Change
of
Command
Ceremony
at
Marine
Corps
Air
Station
Miramar
and
noted
the
opportunity
to
meet
Captain
E.
Royce
Williams,
a
101-
year-old
veteran
who
was
recently
awarded
the
Medal
of
Honor
for
his
service.
CITY
MANAGER
ITEMS:
None. CITY
ATTORNEY
ITEMS:
(Including
any
public
report
of
any
action
taken
in
closed
session)
City
Attorney
Fenstermacher
reported
the
City
Council
voted
4-0
to
authorize
the
City
Attorney's
office
to
defend
any
potential
lawsuit
filed
pursuant
to
the
Notice
of
Intent
attached
to
the
agenda
.
CLOSED
SESSION:
8. Conference
with
Legal
Counsel
-
Anticipated
Litigation
Pursuant
Government
Code
Section
54956
.9(d)(2)
-Significant
Exposure
to
Litigation
ADJOURNMENT: The
meeting
was
recessed
into
closed
session
at
7:28
p.m
.
The
meeting
was
adjourned
at
8:01
p.m
.
Carrie
Gallagher,
CMC
City
Clerk
City
of
Poway,
California
1 of 10
May 5, 2026, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
May 5, 2026
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
Carrie Gallagher, City Clerk
(858) 668-4530 or [email protected]
CITY COUNCIL
Second Reading and Adoption of Ordinance No. 881 entitled "An Ordinance of the City Council of the City of Poway, California, Authorizing an Amendment to the Contract between the City Council of the City of Poway and the Board of Administration of the California Public Employees' Retirement System (Cal PERS)" The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on April 7, 2026. There were no speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES:
NOES:
PIKUS, MAEDA, VAUS
NONE
ABSTAINED: NONE
ABSENT: DE HOFF
DISQUALIFIED: NONE
It is recommended the City Council adopt Ordinance No. 881.
Environmental Review:
None.
Fiscal Impact:
None.
2 of 10
May 5, 2026, Item #3
Public Notification:
An ordinance summary notice was published in the Poway News Chieftain on Thursday, April 16, 2026.
A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933.
Attachments:
A. Ordinance No. 881
Reviewed/Approved By:
JtL
Tracy Stevens
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Ap~2
ChrlsHazeltine
City Manager
3 of 10
May 5, 2026, Item #3
ATTACHMENT A
ORDINANCE NO. 881
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING AN AMENDMENT TO
THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY
OF POWAY AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
(CALPERS)
WHEREAS, the City Council of the City of Poway does ordain as follows:
SECTION 1: That an amendment to the contract between the City Council of the City of Poway and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked as Exhibit A, and by such reference made a part hereof as though herein set out in full.
SECTION 2: The Mayor of the City Council of the City of Poway is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency.
EFFECTIVE DA TE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
II
II
II
II
II
II
II
II
II
II
II
4 of 10
May 5, 2026, Item #3
Ordinance No. 881
INTRODUCED AND FIRST READ at a Regular meeting of the City Council of the City of Poway, California, held the 7th day of April, 2026, and thereafter.
PASSED AND ADOPTED at a Regular meeting of said City Council held the 5th day of May, 2026, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 10
May 5, 2026, Item #3
Exhibit A
A
CalPERS
California
Public Employees' Retirement System
-===♦-===
Ordinance No. 881
EXHIBIT
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Poway
__ ....._.........., • ..__._.===
The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective February 1, 1981, and witnessed January 28, 1981, and as amended effective December 6, 1982, December 19, 1986, April 3, 1989, June 25, 1990, January 7, 1991, July 7, 1993, September 8, 1993, September 20, 2000, December 6, 2000, June 25, 2001, December 23, 2002, November 17, 2004, and January 9, 2012, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:
A Paragraphs 1 through 17 are hereby stricken from said contract as executed effective January 9, 2012, and hereby replaced by the following paragraphs numbered 1 through 19 inclusive:
6 of 10
May 5, 2026, Item #3
Ordinance No. 881
1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for classic local miscellaneous members entering membership in the miscellaneous classification on or prior to January 9, 2012, age 60 for classic local miscellaneous members entering membership for the first time in the miscellaneous classification after January 9, 2012, age 62 for new local miscellaneous members, age 50 for classic local safety members entering membership in the safety classification on or prior to January 9, 2012, age 55 for classic local safety members entering membership for the first time in the safety classification after January 9, 2012, and age 57 for new local safety members.
2. Public Agency shall participate in the Public Employees' Retirement System from and after February 1, 1981, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.
3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their
representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas.
7 of 10
May 5, 2026, Item #3
Ordinance No. 881
(c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law.
4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Employees other than local safety members (herein referred to as local miscellaneous members).
5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:
a. POLICE OFFICERS.
6. This contract shall be a continuation of the benefits of the contract of the Poway Municipal Water District, hereinafter referred to as "Former Agency", pursuant to Section 20567.2 of the Government Code, Former Agency having ceased to exist and having been required by law to be succeeded by Public Agency on February 1, 1981. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency's contract with respect to the Former Agency's employees. Legislation repealed said Section effective January 1, 1988.
7. This contract shall be a continuation of the benefits of the contract of the Pomerado County Water District, hereinafter referred to as "Former Agency", pursuant to Section 20567.2 of the Government Code, Former Agency having ceased to exist and having been required by law to be succeeded by Public Agency on February 1, 1981. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency's contract with respect to the Former Agency's employees. Legislation repealed said Section effective January 1, 1988.
8. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member entering membership in the miscellaneous classification on or prior to January 9, 2012, shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full).
8 of 10
May 5, 2026, Item #3
Ordinance No. 881
9. The percentage of final compensation to be provided for each year of credited current service as a classic local miscellaneous member entering membership for the first time in the miscellaneous classification after January 9, 2012, shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full).
10. The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full).
11. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member entering membership in the safety classification on or prior to January 9, 2012, shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full).
12. The percentage of final compensation to be provided for each year of credited current service as a classic local safety member entering membership for the first time in the safety classification after January 9, 2012, shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full).
13. The percentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Full).
14. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 20903 (Two Years Additional Service Credit) for local miscellaneous members only.
b. Section 20042 (One-Year Final Compensation) for those classic local miscellaneous members entering membership on or prior to January 9, 2012.
c. Section 21574.5 (Indexed Level of 1959 Survivor Benefits). d. Section 21548 (Pre-Retirement Option 2W Death Benefit). e. Section 21024 (Military Service Credit as Public Service). 9 of 10
May 5, 2026, Item #3
Ordinance No. 881
f. Section 20475 (Different Level of Benefits): Section 21353 (2% @ 60 Full formula) and Section 20037 (Three-Year Final
Compensation) are applicable to classic local miscellaneous members entering membership for the first time with this agency in the miscellaneous classification after January 9, 2012.
Section 21363.1 (3%@ 55 Full formula) is applicable to classic local safety members entering membership for the first time with this agency in the safety classification after January 9, 2012.
15. Public Agency, in accordance with Government Code Section 20834, shall not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834.
16. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.
17. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574.5 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 10 of 10
May 5, 2026, Item #3
Ordinance No. 881
18. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.
19. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.
~
B. This a~ ..... ment shall be effective on the day of ··~ -------- BOARD OF ADMl~TRATION
PUBLIC EMPLOYEE'!fj}lETIREMENT SYSTEM
&;,~ .,,, ,,
BY ?:'~
MELODY BENAVIDES, CHIEF~
PENSION CONTRACTS AND PR~NDING
PROGRAMS DIVISION 0~
PUBLIC EMPLOYEES' RETIREMENT~.STEM
AMENDMENT CalPERS ID# 1599501570
PERS-CON-702A
CITY COUNCIL
CITY OF POWAY
BY __ ~...a-,.---------
PRESI~ OFFICER
..,~
~().
0~
O;-
&'~
Witness Date ',ft,,
~ Attest: ¾
~l-
o.
~>.
Clerk
May 5, 2026, Item #4
AGENDA REPORT CityofPoway
DATE: May 5, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Julie Procopio, Director of Development Service~
CONTACTS: Cassandra Seaboch, Assistant Engineer
(858) 668-4625 or [email protected]
CITY COUNCIL
SUBJECT: Award of Contract to Eagle Paving LLC for the Fiscal Year 2025-26 Street Overlay Zone 1 Project; Bid No. 26-013
Summary:
This action will award a construction contract for the Fiscal Year (FY) 2025-26 Street Overlay Zone 1 project. The project includes asphalt overlay and/or cold milling and patching on arterial and residential streets in Zone 1. The City is divided into eight street maintenance zones. The City completes street maintenance in one maintenance zone each year on a rotational basis.
Recommended Action:
It is recommended the City Council:
1) Award the contract for the FY 2025-26 Street Overlay Zone 1 project to Eagle Paving LLC., in the amount of $1,606,336 for both the base bid items and additive bid items and authorize the City Manager to execute the contract (Attachment A);
2) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).
Discussion:
The scope of work for this project includes the asphalt overlay of six residential streets in the Summerfield neighborhood within Street Maintenance Zone 1 (Attachment B). Asphalt patch repairs will be completed on residential streets and arterial streets, including Es po la Road from west city limits to just north of Country Day Road. Americans with Disabilities Act (ADA) pedestrian ramp removal and replacement will be completed where required on overlayed residential streets. This work is being coordinated in Zone 1 with the FY 2026-27 Annual Street Maintenance and FY 2026-27 Citywide Striping projects. Construction is anticipated to start this summer and continue through early fall. 1 of 12
May 5, 2026, Item #4
Bids were opened on April 1, 2026. The following bids were received:
Company Total Bid Amount
Eagle Paving LLC $1,606,336
Hazard Construction Engineering LLC $1,974,921
Romero General Construction Corporation $2,103,103
Palm Engineering Construction $2,262,692
R.J. Noble Company $2,346,625
TC Construction Company, Inc. $2,431,129
Calmex Engineering, Inc. $2,464,310
Frank and Son Paving, Inc. $2,511,925
The apparent low bid of $1,606,336, submitted by Eagle Paving LLC, meets the requirements of the bid specifications. The contract time for this project is 40 working days with the additive bid items. The additive bid items included the mill, overlay and striping of Poway Road from Tarascan Drive to Community Road. The engineer's estimate for this project was $2,107,000.
Environmental Review:
The FY 2025-26 Street Overlay Zone 1 project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 (c) of the CEQA Guidelines, in that the project involves maintenance of existing streets with no expansion of use.
Fiscal Impact:
There is $2,367,727 available in the FY 2025-26 Street Overlay Zone 1 project account (ST033), with project funds coming primarily from the TransNet Fund (2230) and the balance from the Gas Tax Fund (2110). There are sufficient funds in the project account to cover the cost for the construction contract, 10% construction contingency allowance and materials testing services.
Attachments:
A. Construction Contract
B. Zone 1 Street Overlay Map
Reviewed/Approved By:
&b
Tracy Stevens
Assistant City Manager
2 of 12
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chr~
City Manager
May 5, 2026, Item #4
SECTION 8
CONSTRUCTION CONTRACT
CITY OF POWAY
FY 2025-26 STREET OVERLAY ZONE 1
This Contract made and entered into this 6th day of May, 2026, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Eagle Paving LLC, 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 Specification 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: The FY 2025-26 Street Overlay Zone 1 project consists of pavement resurfacing throughout Maintenance Zone 1. Improvements include asphalt overlay of select residential streets and asphalt cold milling and patching on arterial and residential streets. Pedestrian ramp removal and replacement on select residential streets is also required.
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 12 ATTACHMENT A
May 5, 2026, Item #4
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 $1,606,336.00 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 within 5 (five) 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 40 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 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.
4 of 12
May 5, 2026, Item #4
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 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 completion 5 of 12
May 5, 2026, Item #4
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, orto obtain and ensure that the coverage required herein is maintained by any subcontractors 6 of 12
May 5, 2026, Item #4
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 12
officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit May 5, 2026, Item #4
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 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 8 of 12
May 5, 2026, Item #4
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 12
soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or
iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.
d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of May 5, 2026, Item #4
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. 10 of 12
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)
May 5, 2026, Item #4
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:
Eagle Paving, LLC
Print Name of Construction Company
By: ------------
Signature
Print Name
Contractor information:
Address for Notices and Payments
Joel Batule
13915 Danielson Street, Suite 201
Poway, CA 92064
Telephone Number: 858-486-6400
Email: [email protected]
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
11 of 12
CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
May 5, 2026, Item #4
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May 5, 2026, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
May 5, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services Cif
Jeff Beers, Capital Projects Manager
(858) 668-4624 or [email protected]
CITY COUNCIL
Award of Contract to Sitka Construction Group LLC for the Fiscal Year 2026 Poway Center for the Performing Arts Maintenance Project, Bid No. 26-010, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
This action will award a construction contract to Sitka Construction Group LLC for the Fiscal Year 2026 Poway Center for the Performing Arts (PCPA) Maintenance project. The project will complete various Americans with Disabilities Act (ADA) upgrades to the path of travel from the parking lotto the building entrance and two dressing room restroom ADA upgrades.
Recommended Action:
It is recommended the City Council:
1) Award the contract for the Fiscal Year 2026 PCPA Maintenance project to Sitka Construction Group LLC, in the amount of $295,000 and authorize the City Manager to execute the contract (Attachment A);
2) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).
Discussion:
The PCPA is a state-of-the-art professional theater, which opened in May 1990, with a seating capacity of 797. The PCPA was designed for professional and student performances ranging from major plays and concerts to appearances by individual artists of national acclaim.
This project is the next phase in a comprehensive maintenance program to replace much of the mechanical, plumbing and electrical equipment in the facility as well as replace deteriorated interior finishes. At this point in the building's lifespan, most of the equipment has outlived its standard useful life and should be replaced. In addition to the building's infrastructure replacement needs, additional required ADA upgrades are needed throughout the facility. 1 of 12
May 5, 2026, Item #5
The first phase of the anticipated five-year project replaced the building roof and was completed in Summer 2024. This second phase bundles exterior ADA path of travel improvements from the parking lot to the building entrance and the complete remodel of two dressing room restrooms to bring them into ADA compliance along with deteriorated finish replacements.
Each year's projects are scheduled to have the least facility downtime and minimize conflicts for theater operations.
Poway Unified School District (PUSD) is a joint user of the facility. PUSD will be paying 35% of the cost of the construction of this and forthcoming maintenance projects as required by the City of Poway, PUSD joint use agreement for the PCPA.
The contract time for this project is 59 working days. Bids were opened on April 7, 2026. The following bids were received:
Company Total Bid Amount
Sitka Construction Group LLC $295,000
M.W. Vasquez Construction Co., Inc $382,000
Coelho Inc. $446,995
GQ Builders, Inc. $450,000
SWSC, Inc. $491,577
Jenco Builders Group, Inc. $778,462
The lowest responsive bidder, Sitka Construction Group LLC, is recommended for the award of this contract.
Environmental Review:
The proposed project is Categorically Exempt from CEQA as a Class 1 Categorical Exemption, pursuant to Sections 15301 (a) and 15301 (c) of the CEQA Guidelines, in that the project involves minor alteration to existing public facilities.
Fiscal Impact:
The City actively planned for PCPA maintenance projects as part of the annual budget process. PUSD will reimburse the City 35% of the total construction costs upon completion of the project, per the City and PUSD's joint use agreement for the PCPA. If the full $295,000 is expended at project closeout, PUSD would reimburse the City 35% of this total at $103,250. These reimbursed funds from PUSD will be deposited back into the noted Facility Maintenance Fund (6170) for future project utilization.
Sufficient funds are available in the project account (MN075) for the award of this contract with funds appropriated from the Capital Improvement Fund (1060).
Public Notification:
None.
Attachments:
A. Construction Contract
2 of 12
May 5, 2026, Item #5
Tracy Stevens
Assistant City Manager
3 of 12
Reviewed By:
Alan Fenstermacher
City Attorney
Ap~
Ch~
City Manager
May 5, 2026, Item #5
SECTION 8
CONSTRUCTION CONTRACT
CITY OF POWAY
FY26 POWAY CENTER FOR THE PERFOMING ARTS MAINTENANCE PROJECT This Contract made and entered into this 6th day of April, 2026, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Sitka Construction Group LLC, 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 Specification 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:
The scope of work for the FY26 Poway Center for the Performing Arts (PCPA) includes ADA path of travel improvements from the parking lot to the building entrance. These include ramp handrail upgrades, truncated dome installation, parking space striping, pedestrian ramp construction and interior dressing restroom ADA upgrades.
4. Contractor agrees to perform all the said work and furnish all the said materials at 4 of 12 ATTACHMENT A
May 5, 2026, Item #5
their own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council.
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 $295,000.00, 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 within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 59 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 $1000.00 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 5 of 12
May 5, 2026, Item #5
Contractor) less than the prevailing rate described above on the work provided for in this Contract.
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 6 of 12
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 May 5, 2026, Item #5
by
an
"occurrence"
during
the
policy
period.
b.
Contractor
shall
further
procure
and
maintain
at
its own
expense,
until
completion
of
performance,
commercial
vehicle
liability
insurance
covering
personal
injury
and
property
damage,
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
covering
any
vehicle
utilized
by
Contractor
or
its
officers,
employees,
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
7 of
12 May 5, 2026, Item #5
required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, 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, 8 of 12
officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers.
May 5, 2026, Item #5
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 the provision of the laws of the State of California.
9 of 12
May 5, 2026, Item #5
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 10 of 12
soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code:
ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications: or
iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.
May 5, 2026, Item #5
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. 11 of 12
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)
May 5, 2026, Item #5
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:
Sitka Construction Group LLC
Print Name of Construction Company
By: -------------
Signature
Print Name
Contractor information:
Address for Notices and Payments
Guillaume Lefevre
3640 Marron Rd, Ste 103220
Oceanside, CA 92056
Telephone Number: 760-814-9642
Email: [email protected]
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
12 of 12
CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
May 5, 2026, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
May 5, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services~
Douglas Nguyen, Associate Engineer
(858) 668-4605 or [email protected]
CITY COUNCIL
Award of Contract to Palm Engineering Construction, Inc., for the Annual Sewer Line Repair/Replacement Project, Bid No. 26-012 and Determination the Project is Categorically Exempt from the California Environmental Quality Act This action will award a construction contract for the Annual Sewer Line Repair/Replacement project to Palm Engineering, the lowest responsive and responsible bidder. This project consists of the repair, replacement and rehabilitation of existing sewer facilities on three different public streets which include Saint Andrews Drive, Pomerado Road and Somerset Road.
Recommended Action:
It is recommended the City Council:
1) Award the contract for the Annual Sewer Line Repair/Replacement project to Palm Engineering, in the amount of $783,391 and authorize the City Manager to execute the contract (Attachment A); and
2) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).
Discussion:
The project consists of the replacement of existing sewer mains, sewer laterals and point repairs at multiple locations throughout the City. Improvements on St. Andrews Drive include the removal and replacement of approximately 338 linear feet of existing eight-inch vitrified clay pipe (VCP) sewer main, removal and replacement of existing concrete pipe supports and rehabilitation of four existing VCP sewer laterals. The sewer laterals will be rehabilitated using cured-in-place pipe (CIPP) lining methods.
Improvements on Pomerado Road include the removal and replacement of approximately 1 0 linear feet of eight-inch VCP sewer main and one existing VCP sewer lateral. Improvements on Somerset Road include the removal and replacement of approximately 13 linear feet of existing eight-inch high strength plastic truss sewer pipe. Construction will require continuous sewer service to be maintained throughout the duration of the project. The work will involve sewer bypassing, traffic control and 1 of 11
May 5, 2026, Item #6
restoration of surface improvements. These improvements are necessary to address deteriorated pipelines and structural deficiencies. They will improve system performance, reduce maintenance demands and extend the service life of the City's sewer infrastructure. Bids were opened on April 2, 2026. A total of three bids were received for the construction contract, ranging as follows:
Company Total Base Bid
Palm Engineering $783,391
DB Pipeline, Inc. $1,252,000
SRK Engineering Inc. $1,568,622
The low bid of $783,391, submitted by Palm Engineering Construction Inc., is an acceptable bid that is responsive to, and meets the requirements of, the bid specifications. The contract time for this project is 115 working days.
Environmental Review:
The proposed sewer repair and replacement project is Statutorily Exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15282(K) of the CEQA Guidelines, in that the project involves the installation of new pipeline and demolition of an existing pipeline, which is less than one mile in length.
Fiscal Impact:
Funds totaling $1,438,302 are available in the Annual Sewer Line Repair & Replace (SW001) project funded by the Sewer Enterprise Fund 5200 for the award of this contract. The City proactively planned for this project as part of the development process for the FY 2025-26 budget.
Public Notification:
Prior to construction, staff will notify the residents near the project locations about the upcoming construction work.
Attachments:
A. Construction Contract
Tracy Stevens
Assistant City Manager
2 of 11
Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
May 5, 2026, Item #6
SECTION 8
CONSTRUCTION CONTRACT
CITY OF POWAY
ANNUAL SEWER LINE REPAIR/REPLACEMENT PROJECT
(ST. ANDREWS DRIVE, POMERADO ROAD, & SOMERSET ROAD)
This Contract made and entered into this 6th day of May 2026, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Palm Engineering Construction Company, 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 Specification 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: The Annual Sewer Line Repair/Replacement project will include improvements on existing sewer facilities on three different public streets: St. Andrews Drive, Pomerado Road, and Somerset Road in the City of Poway, CA Improvements on St. Andrews Drive involve the removal and replacement of approximately 338 feet of existing 8-inch VCP sewer line, existing concrete pipe supports, and four existing VCP sewer laterals. The four VCP sewer laterals shall be GIPP lined. Improvements on Pomerado Road will require the removal and replacement of approximately 10 feet of 8-inch VCP and one VCP lateral. Improvements on Somerset Road will involve the removal and replacement 1 3 of 11 ATTACHMENT A
May 5, 2026, Item #6
of approximately 13 feet of existing 8-inch ABS Truss sewer pipe. There will be no interruption in sewer service allowed for this work to take place.
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 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 $783,391.00 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 within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 115 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. 2 4 of 11
May 5, 2026, Item #6
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.
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 of 5 of 11
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 3 May 5, 2026, Item #6
6 of
11 bodily
injury
and
property
damage
coverage
shall
be
triggered
by
an
"occurrence"
during
the
policy
period.
b.
Contractor
shall
further
procure
and
maintain
at
its
own
expense,
until
completion
of
performance,
commercial
vehicle
liability
insurance
covering
personal
injury
and
property
damage,
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
covering
any
vehicle
utilized
by
Contractor
or
its
officers,
employees,
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.
4 May 5, 2026, Item #6
g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, 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 May 5, 2026, Item #6
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 the provision of the laws of the State of California.
6 8 of 11
May 5, 2026, Item #6
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.
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
7 May 5, 2026, Item #6
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.
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 1 O of 11
May 5, 2026, Item #6
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:
Palm Engineering Construction Company, Inc. DBA Palm Engineering Print Name of Construction Company
By:
Signature
Rasoul Shahbazi
Print Name
Contractor information:
Address for Notices and Payments
7330 Opportunity Rd Ste A & 81
San Diego, CA 92111
Telephone Number: 619-291-1495
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 May 5, 2026, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
May 5, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Service~
Miguel Solano, Associate Engineer
(858) 668-4653 or [email protected]
CITY COUNCIL
Approval of Consultant Agreement Amendment No. 1 with Bowman Consulting Group LTD., formerlyProject Design Consultants, for the Community Park Concrete Ribbon Drain Project; RFP No. 24-003
Bowman Consulting Group LTD. ("Bowman") was selected as the most qualified consultant to prepare the Community Park Concrete Ribbon Drain Assessment and preliminary design alternatives. After evaluating several channel repair options, re-grading and revegetating the channel was determined to best support the City's long term goals for channel stability and erosion control. Amendment No. 1 to the existing agreement with Bowman will include completion of final design, environmental permitting and construction administration services for the Community Park Concrete Ribbon Drain project.
Recommended Action:
It is recommended the City Council approve Amendment No. 1 (Attachment A) to the existing agreement with Bowman for the Community Park Concrete Ribbon Drain Project, increasing the original contract amount by $437,631 for a total contract amount of $577,296, and authorizing the City Manager to execute the necessary documents.
Discussion:
Rattlesnake Creek runs southwesterly through Community Park via an open earthen channel and concrete ribbon gutter constructed in the late 1970s. The ribbon gutter is a concrete swale that serves as a low flow channel for Rattlesnake Creek. It is located between the tennis courts and park playground and eventually outlets into a larger trapezoidal concrete lined open channel just south of the pedestrian bridge. Approximately 550 lineal feet of the concrete swale has broken into pieces, exposing the earth in several locations. During storm activity, water flowing through the channel further erodes the exposed earth and undermines the existing concrete ribbon gutter.
On August 3, 2023, the Development Services Department issued a Request for Proposal (RFP) to assess the existing condition and perform a feasibility study and p_reliminary design for channel repair and enhancement. The City received proposals from two consulting firms. After evaluating and 1 of 53
May 5, 2026, Item #7
scoring
the
proposals,
staff
concluded
Bowman
was
the
most
qualified
consultant
based
on
their
experience
with
similar
projects.
The
purpose
of
awarding
Bowman
a
contract
for
assessment
and
preliminary
design
services
(Attachment
B)
was
to
evaluate
existing
channel
conditions
and
develop
and
compare
repair
and
enhancement
alternatives
prior
to
proceeding
with
final
design
of
the
project.
The
scope
of
work
included
evaluation
of
approximately
550
linear
feet
of
open
earthen
channel
and
concrete
ribbon
gutter,
development
of
remediation
and
repair
options
and
preparation
of
a
feasibility
study
to
prevent further
erosion
and
channel
degradation.
The
assessment
also
evaluated
opportunities
to
improve
habitat
protection,
water
quality,
and
overall
creek
function
using
nonstructural
design
elements,
where
feasible.
In
addition,
it
identified
anticipated
environmental
clearances,
regulatory
permitting
requirements,
and
a
cost
benefit
analysis
of
the
proposed
alternatives. The
consultant's
assessment
of
the
Community
Park
Concrete
Ribbon
Drain
project
evaluated
several
alternatives
and
advanced
two
options
for
further
consideration.
Option
1 proposed
replacement
of
the
existing
low
flow
concrete
ribbon
gutter
with
a
wider
concrete
channel
and
localized
concrete
repairs
near
the
pedestrian
bridge,
which
would
address
immediate
deficiencies
but
would
not
address
long-term
erosion
. Option
3 proposed
removal
of
the
failing
ribbon
gutter
and
replacement
with
regraded
channel
contours,
drop
structures,
and
native
vegetation
to
stabilize
the
creek
banks
and
reduce
erosion.
Option
3 is
intended
to
provide
a
more
durable
long-term
solution
(Attachment
C).
Based
on
review
of
the
consultant's
assessment,
City
staff
evaluated
the
alternatives
and
determined
that
Option
3 best
supports
the
project's
long-term
goals
related
to
channel
stability,
erosion
control
and
overall
creek
function.
Option
3 is
also
more
likely
to
receive
approval
from
the
resource
agencies
since
it
is
a
more
natural
and
sustainable
solution.
An
additional
alternative,
Option
2,
proposed
replacement
of
the
failing
ribbon
gutter
with
a
reinforced
grass
channel
utilizing
turf
reinforcement
mats,
vegetation
and
regraded
slopes
to
reduce
erosion
while
maintaining a
landscaped
area
adjacent
to the
playground.
Option
2 was
not
advanced
for
further
consideration
due
to
anticipated
maintenance
challenges,
limited
suitability
for
regular
foot
traffic
and
aesthetic
concerns
related
to the
proposed
materials.
The
original
consultant
agreement
was
approved
at
the
October
17,
2023,
City
Council
meeting
for
an
amount
of
$139,665.
Bowman
has
submitted
a
proposal
to
advance
the
project
through
final
design,
environmental
permitting
and
construction
administration
for
the
Community
Park
Concrete
Ribbon
Drain
Project
at
an
additional
cost
of
$437,631.
Upon
approval
of
Agreement
Amendment
No.
1,
the
revised
not-to-exceed
fee
will
total
$577,296.
Approval
of
this
Agreement
Amendment
No.
1 will
provide
professional
engineering
and
landscape
architectural
services
for
the
Community
Park
Concrete
Ribbon
Drain
project
and
authorize
Bowman
to
advance
Option
3 through
final
construction
documents,
cost
estimates,
environmental
permitting
and
construction
support
services.
Environmental
Review:
This
action
involves
approval
of
a
consultant
agreement
amendment
for
design,
environmental
review,
permitting,
and
construction
administration
services
and
does
not
constitute
approval
of
a
construction
project
or
a
commitment
to
a
definite
course
of
action.
Accordingly,
the
action
is
not
a
"project"
under
CEQA
pursuant
to
State
CEQA
Guidelines
Section
15378,
as
it
is
an
administrative
activity
that
will
not
result
in
a
direct
or
reasonably
foreseeable
indirect
physical
change
in
the
environment.
Any
future
construction
activities
assodated
with
the
Community
Park
Concrete
Ribbon
2 of
53 May 5, 2026, Item #7
Fiscal Impact:
There is sufficient funding available in the Community Park Concrete Ribbon Drain project account (DR008) to fund the services included in this Amendment. Funding for this project has been appropriated in the adopted Budget from Drainage Funds 2310 and 2320. No additional appropriation is required.
Public Notification:
None.
Attachments:
A. Amendment No. 1
B. Standard Agreement
C. Concept Design Option 3
Tracy Stevens
Assistant City Manager
3 of 53
Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
May 5, 2026, Item #7
FIRST AMENDMENT TO STANDARD
AGREEMENT FOR SERVICES
This FIRST AMENDMENT TO AGREEMENT is made and entered into effective this 6th day of May, 2026, by and between the CITY OF POWAY, a municipal corporation (the "CITY"), and PROJECT DESIGN CONSULTANTS, a BOWMAN COMPANY, ("CONSUL TANT").
RECITALS
1. CITY and CONSUL TANT entered into that certain "STANDARD AGREEMENT FOR SERVICES," dated October 18, 2023, (the "AGREEMENT"), by which CITY and CONSULTANT established the terms and conditions to prepare an engineering study and assessment for the Community Park Concrete Ribbon Drain Project.
2. This FIRST AMENDMENT TO STANDARD AGREEMENT FOR SERVICES (the "FIRST AMENDMENT") is necessary to revise the compensation and reimbursement terms of the AGREEMENT.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Section B of EXHIBIT "A" ('SPECIAL PROVISIONS") of the AGREEMENT is amended to read as follows:
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the amended Fee Proposal dated April 1, 2026, which is included in this document as Attachment 1. The amended scope and basis of payment shall be in accordance with the not-to-exceed fee of Four Hundred Thirty-Seven Thousand Six Hundred Thirty-One dollars ($437,631.00). Total fee is not to exceed Five Hundred Seventy-Seven Thousand Two Hundred Ninety-Six dollars ($577,296.00). 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.
Section 2. Except as otherwise amended by this FIRST AMENDMENT, all other terms and conditions of the AGREEMENT shall remain in full force and effect. (Remainder of page intentionally left blank)
4 of53 ATTACHMENT A
May 5, 2026, Item #7
IN WITNESS WHEREOF, the parties hereto have caused this FIRST AMENDMENT to be executed the day and year first above written.
CITY OF POWAY
By _____________ _
Chris Hazeltine, City Manager
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
Alan Fenstermacher, City Attorney
5 of 53
PROJECT DESIGN CONSULT ANTS,
a BOWMAN COMP ANY
By _____________ _
Chelisa Pack, PE, Senior Project Manager
2 May 5, 2026, Item #7
Bowman
F26-078 I 360164-01-001
March 27, 2026
Revised April 1, 2026
City of Poway
Development Services Department
Attention: Miguel Solano, Assistant Engineer
13325 Civic Center Drive
Poway, California 92064
ATTACHMENT 1
Re: Poway Community Park Channel (the "Project")
Change Order Number 1 to provide Engineering and Landscape Architectural Services (the "Change Order")
Dear Mr. Solano,
Bowman is pleased to submit this Change Order to provide Engineering and Landscape Architectural Planning Services for the Poway Community Park Channel project, based on our Standard Form of Agreement for Rattlesnake Creek in the City of Poway. It is our understanding that the City intends to have the consultant team move forward with the preferred alternative (Option 3) for final construction documents (Final Engineering). This phase of the project will include preparation of Construction Documents, Cost Estimates, Construction Administration Support, RFl's, Construction Meetings, As-Builts, and Environmental Permitting Assistance.
It is assumed that the project's schedule will be dictated by the environmental permitting schedule and FEMA approval of the CLOMR. Since the environmental permitting schedule depends on the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), the California Department of Fish and Wildlife (CDFW), and the CEQA permitting pathway, a detailed project schedule can be prepared after the environmental documents have been prepared. However, to be conservative, it is anticipated that the project's permitting process will take a minimum of one year.
SCOPE OF SERVICES AND FEES
The scope of services (the "Scope") and associated fees shall be as follows:
Civil Engineering Plan Permit Services
1. Project Team Coordination
Provide engineering services to attend meetings with the Client and public agencies and coordinate the engineering documents with the consultant team. Includes ongoing project meetings to ensure alignment with the project and regulatory requirements. This includes coordination with the City, hydraulic engineer, environmental consultant, geotechnical engineer, cost estimator, and FEMA, as necessary, to coordinate the design. Includes data file transfers, including AutoCAD basefile coordination. Approximately 120 hours is included for this effort.
HOURLY NTE $ 27,500
1 j \\EgnyteDrive\Acquisitions\CA-SAND-PD\DriveR\WP\CONTRACl\_360164\360164-01-001 CO1 R1.docx 701 B_Street, Suite 800, San Diego, California 92101
619.235.6471
bowman.com
6 of 53
May 5, 2026, Item #7
Bowman
2. Engineering Construction Drawings (60%)
Prepare detailed engineering grading plan construction documents for construction using the City's CIP format. It is our understanding that the project plans will be based on moving forward with implementing the Option 3 channel design from the project assessment report. A design refinement of Option 3 will be included to enhance the drop structure design to potentially add a pedestrian crossing. The project design shall be prepared in AutoCAD format. The scale of the plans shall be 1- in = 20-ft and the topography previously developed for the project using the NAVD88 vertical datum.
Assumes that the plans will consist of seven (7) sheets (one (1) Title Sheet, two (2) Detail Sheets, two (2) Grading Sheets, and two (2) Erosion Control Sheets). The plan will include the following: channel plan and profile design, existing features and utilities, proposed contours and daylight lines, drop structure details, riprap details, dimensions, existing floodplain linework, proposed floodplain linework, channel details, and construction notes. The erosion control plan will include erosion control measures, relevant notes, and details, in compliance with Poway Municipal Code 16.50.170. The construction documents and any other applicable submittal documents will be submitted to the City of Poway. The first submittal will be a 60% level design package.
HOURLY NTE $ 42,000
3. Engineering Construction Drawings (90%)
Respond to City plan check comments and revise the plans to prepare a resubmittal package for the 90% construction documents submittal. Task also includes coordination with subconsultants for resubmittal documents. Before each scheduled submittal of the construction documents, the project team will provide a Quality Control check of the design plans.
HOURLY NTE $ 16,000
4. Engineering Construction Drawings (100%)
Respond to City plan check comments and revise the plans to prepare a resubmittal package for the 100% construction documents submittal. Task also includes coordination with subconsultants for resubmittal documents. Before submittal of the final 100% construction documents, the project team will provide a Quality Control check of the design plans.
HOURLY NTE $ 10,000
5. Standard Storm Water Quality Management Plan (SWQMP) Prepare a Standard SWQMP using the City's template describing the site's site design and source control BMPs. Also included is preparation of the City's Storm Water Intake Form.
HOURLY NTE $ 1,000
6. Storm Water Pollution Prevention Plan (SWPPP)
Prepare a SWPPP in accordance with the new 2022 Construction General Permit (CGP). Note that currently the disturbance area may be less than one (1) acre, but the project impact limits may grow as the grading and landscape design progresses to result in a disturbance area greater than one (1) Poway Community Park Channel Change Order No. 1 R1 I 360164-01-001 Revised April 1, 2026
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May 5, 2026, Item #7
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acre, which would require a SWPPP. If the final limits are less than one (1) acre, this scope item can be eliminated. This scope item includes evaluation of the project's Risk Level (1, 2, or 3). This scope assumes the project will be subject to Risk Level 1 requirements. If it is determined that the project falls under a higher risk level, additional authorization will be required for the additional work.
Bowman will develop the initial SWPPP, including the site description addressing the elements and characteristics specific to the site, descriptions of BMPs for erosion and sediment controls, descriptions of BMPs for construction waste handling and disposal and good housekeeping BMPs, description of proposed post-construction controls, details of non-storm water management, a construction site sampling, monitoring, and inspection plan for non-visible pollutants and effluent discharges, and project phase maps. A construction site monitoring plan (CSMP) will be included with monitoring procedures and instructions, forms, and checklists. Assumes CGP buffer requirements are not applicable because it is assumed that the project qualifies for an exemption, due to the water body-dependent construction. Bowman will not file the Permit Registration Documents (PRDs) electronically on the Water Board's SMARTS system, as it is expected that the selected contractor will do so based on the draft SWPPP, once the contractor is selected, and before construction.
HOURLY NTE $ 9,000
7. Contract Specifications
Contract outline specification shall include the City's General and Technical Provisions from the Supplemental Engineering Standards. It is assumed that the City will provide the templates for the consultant team's use.
HOURLY NTE $ 2,500
8. Contract Construction Administrative Support
Assist with oversight and coordination during the construction phase and during the pre-bid phase.
It is assumed that these services will include attendance at the pre-con meeting and virtual attendance at meetings. The consultant team will assist the City in reviewing received bids.
Approximately 22 hours is included for this effort.
HOURLY NTE $ 5,000
9. Construction Support/RFls
The consultant team will assist City staff with Request for Information (RFI) questions during the construction phase and during the pre-bid phase. Provide support in addressing RFls and reviewing construction submittals during construction from the contractor to clarify project details. We have budgeted to review five (5) construction submittals and 10 RFls.
HOURLY NTE $ 8,000
10. QSD SWPPP Support Services During Construction
Includes QSD SWPPP support services during construction, including the QSD onsite visual inspections as outlined in the permit (initial and twice annually, as a minimum). Also includes preparation of SWPPP amendments and COis, if needed, when requested by the Client. Scope also includes miscellaneous SWPPP support when needed.
Poway Community Park Channel Change Order No. 1 R1 [ 360164-01-001 Revised April 1, 2026
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May 5, 2026, Item #7
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4 I
Note: Excludes Qualified SWPPP Practitioner (QSP) services. It is assumed that the contractor will provide a certified QSP to oversee implementation of the SWPPP in the field including QSP inspections, annual reports, Notice of Termination, etc. and will coordinate with the QSD as necessary.
HOURLY NTE $ 2,000
11. As-Built Preparation
The consultant team will prepare as-built record drawings at the completion of construction.
Assumes the contractor will provide the team with a redline of the known field changes. Bowman will prepare a red line of the approved drawings using the contractor's redlines, field visit to confirm the as-built conditions, and any other record of changes during construction (RFls, emails, calls, meetings, etc.). The final red lines will be used to create digital as-builts in order to document the final constructed conditions for future reference. The scope of work excludes mylar changes, as it is our understanding that the City has converted their process to digital as-builts.
HOURLY NTE $ 9,000
HOURLY NTE "'--$---'7=32=, o=o=o
TASK 1 -TASK 11 SUBTOTAL $ 732,000
Landscape Architecture Plan Permit Services
12. Project Management. Coordination. and Meetings
Prepare and attend meetings with the Client, engineer, public agencies, and other consultants as requested for project start-up and coordination during the design process. This task includes meetings with public agencies to resolve pertinent issues and comments. It also includes tasks and other miscellaneous project coordination with Client and co-consultants, and can include communications by phone, e-mail, virtual meetings, and other times associated with the project.
Coordination will be provided on a time-and-materials basis in accordance with the original agreement rates. Budget allocation assumes approximately four (4) hours per month for nine (9) months. If Bowman needs additional hours to complete the project beyond what is allocated for, it will be an extra to this contract. This will include application preparation for the multi-disciplinary meeting with the City of Poway.
HOURLY NTE $ 7,725
13. Landscape Plans for Rattlesnake Creek Channel Restoration Bowman will provide landscape architectural services for the preparation of landscape construction documents based on the grading plans for the Creek restoration. Processing plans through the City of Poway is included, and it is assumed processing through outside Agencies will not be required.
The landscape plans will be based on the proposed overall site improvements and shall be submitted for 60%, 90%, and 100% review. Plans shall be prepared in CAD at 1-in = 20-ft scale.
A. Site Hardscape and Construction Plans: Prepare hardscape plans to illustrate paving, mow curbs, scoring patterns, fencing, material schedule, locations, and dimensions. Plans will additionally include any decorative boulders and rock materials, including general color, dimensions, and locations. Interim and permanent fencing layouts will be provided. Walkway Poway Community Park Channel Change Order No. 1 R1 I 360164-01-001 R~vised April 1, 2026
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May 5, 2026, Item #7
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connections will be provided as shown in the Assessment Report. Potential 48-in wide pedestrian creek crossing at drop structures to be explored as part of the final creek design.
Landscape maintenance will be by the City of Poway.
B. Site Irrigation Plans: Prepare irrigation plans along and throughout the park areas. Plans will illustrate backflow and pressure regulation devices, master controller valves, remote control valves, piping, drip, and spray head locations. Bubblers will be designed for tree locations.
Irrigation details and specifications will be provided. One individual irrigation meter will be proposed to service the restoration area.
C. Site Planting Plans: Specialized planting for the restoration and wetland area planting will be provided in conjunction with the project biologist. In coordination with the biologist, we will be illustrating locations for container plants and seed mixes to reestablish the project area.
Planting details, site-specific restoration specifications and notes will be provided.
MAWA/ETWU will be calculated and provided on the plans and shall be under the maximum water use allowed for the site. Plants will be compliant with the approved biological technical report.
D. Details and Specifications: Details and specifications will be provided for hardscape, irrigation and planting as needed for bidding and construction. Specifications will be in a Master Specification format.
E. Improvement estimate: Grading related landscape improvement permit estimates will be prepared in coordination with J.T. Kruer and Co. and processed with the engineering plans.
F. Processing and response to comments: Up to two (2) plan checks through the City of Poway will be provide with responses to comments.
HOURLY NTE $ 32,960
14. Other Agency Processing Coordination
Coordination and comments with ACOE, CDFW, RWQCB and CEQA preparation will be coordinated with RECON for processing.
HOURLY NTE $ 9,270
15. Construction Administration
A. Construction Coordination and Bidding Assistance: Involves construction coordination with the Client, engineers, and contractors for restoration area. Project implementation including a pre construction kick-off meeting and continued meeting attendance as needed in person or via video conferencing software (Zoom). Responses to Requests For Information (RFI) and clarifications of the plan's design will be provided. Tasks will be conducted on an hourly basis.
Approximately 16 hours have been budgeted for this task.
B. Site Observation: Involves coordination with the Client and contractors for the restoration area and attend as needed site meetings including a review of existing conditions, observation for the irrigation layout, pressure checks, planting placement, and irrigation operation for the site.
The public and private streets serving these lots, will be reviewed as needed. Tasks will be Poway Community Park Channel Change Order No. 1 R1 I 360164-01-001 Revised April 1, 2026
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May 5, 2026, Item #7
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conducted on an hourly basis including .one (1) post-construction meeting. Approximately 40 hours have been budgeted for this task.
C. Landscape Record Drawings, and Project Close-Out: Process approved final plans through the City of Poway for bond exoneration. Bowman will perform a minimum of one (1) site visit to ensure expected plant establishment at the end of the contractor's maintenance period. If necessary, a punch list and follow-up site inspection will be performed prior to project sign off.
This task includes all portions of the project limit of work. Approximately 40 hours have been budgeted for this task.
HOURLY NTE $ 15,450
HOURLY NT£ "'"'$---=65=-.4.,_,0=5
TASK 72-TASK 15 SUBTOTAL $ 65,405
Subconsultant Work for Civil Engineering Plan Permit Services
16. CLOMR/Floodplain Study {Subconsultant Chang Consultants) Prepare proposed condition HEC-RAS analyses for the 60%, 90%, and 100% design. The grading and landscape drawings will be provided by Bowman. The 10-, 50-, 100-, and 500-year flows will be analyzed along with a regulatory floodway. Prepare a Conditional Letter of Map Revision (CLOMR) including the hydraulic analyses, 100-year and 500-year floodplain mapping, and floodway mapping.
The CLOMR will also include the required report text, forms, mapping, notices, etc. The CLOMR will serve as the hydraulic report and will be submitted at the 60%, 90%, and 100% levels, as needed. The environmental consultant must provide documentation that satisfies FEMA's Endangered Species Act requirements. The City will be responsible for FEMA's CLOMR fee, which is currently around $7,000.
A Letter of Map Revision (LOMR) will be required upon project completion. Since completion is many years away, a LOMR proposal will not be prepared until that time. The LOMR fee might be in the range of $10,000 to $15,000 (excluding fees) assuming the project is completed within the next five (5) years, and will be contracted for during the construction phase.
HOURLY NTE $ 30,000
17. CLOMR/Floodplain Study Processing {Subconsultant Chang Consultants) Assist with resource agency permitting. Attend meetings and perform processing of the project Floodplain Study and the CLOMR. A total of 61 hours at a rate of $180 per hour is budgeted for this effort.
HOURLY NTE $ 11,000
18. Geotechnical Investigation Report {Subconsultant GEOCON) Subconsultant GEOCON will prepare a final geotechnical investigation report per the attached scope of work in Exhibit A dated March 24, 2026.
HOURLY NTE $ 5,000
19. Geotechnical Design Consultation {Subconsultant GEOCON) Poway Community Park Channel Change Order No. 1 R1 I 360164-01-001 Revised April 1,_ 2026
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May 5, 2026, Item #7
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Subconsultant GEOCON will provide geotechnical design consultation per the attached scope of work in Exhibit A dated March 24, 2026.
HOURLY NTE $ 2,600
20. Geotechnical Geotechnical Observation {Subconsultant GEOCON) Subconsultant GEOCON will provide geotechnical observation and testing services during the grading improvements per the attached scope of work in Exhibit A dated March 24, 2026.
HOURLY NTE $ 45,300
21. Cost Estimate (Subconsultant JT Kruer)
Subconsultant JT Kruer will prepare a cost estimate based on the 60%, 90%, and 100% construction documents per the attached scope of work in Exhibit B dated March 23, 2026.
HOURLY NTE $ 9,576
22. CEQA Environmental Permitting {Subconsultant RECON) Subconsultant RECON will perform Tasks 1 - 8 per the attached Exhibit C Scope of Work dated March 5, 2026.
HOURLY NTE $ 136,750
HOURLY NTE "'-$--=2-'--'40""",2=2=6
TASK 16-TASK 22 SUBTOTAL $ 240,226
TOTAL CHANGE ORDER NO. 1 $ 437,631
ASSUMPTIONS, CLARIFICATIONS, & EXCLUSIONS
1) This proposal is based on the scope of services indicated herein and the information available at the time of the proposal preparation.
2) Irrigation audits, if required, will be provided by others. 3) If any additional services are required due to unforeseen circumstances and/or conditions, Client or regulatory requested revisions, additional meetings, regulatory changes, etc., Bowman will notify the Client that additional scope of work and fees are required and will obtain the Client's written approval prior to proceeding with any additional work.
4) The Client shall be responsible for obtaining permission for Bowman, its employees, agents and subcontractors to enter onto the subject property and any properties in the vicinity as reasonably necessary for Bowman to perform the services described herein. 5) By either countersigning or providing written notice to proceed with this Proposal, the Client represents that it has obtained such permission.
6) Processing fees through the City of Poway and/ or any other Agencies are to be provided by the City.
Poway Community Park Channel Change Order No. 1 R1 I 360164-01-001 Revised_April 1, 2026
7 I \\EgnyteDrive\Acquisitions\CA-SAND-PD\DriveR\WP\CONTRACT\.360164\360164-01-001 COl R l .docx bowman.com
12 of 53
May 5, 2026, Item #7
Bowman
7) Excludes.dedicated outreach efforts.
8) Excludes construction staking. It is understood that the contractor will be responsible for contracting separately for a construction staking contract.
9) Assumes civil and landscape efforts will not be subject to prevailing wage requirements. 10) Assumes wayfinding markers would be under a separate change order. 11) Assumes the project will not trigger Priority Development Project (PDP) requirements and therefore a PDP SWQMP is excluded.
12) Excludes preparation of a right-of-entry permit.
13) Assumes that if an updated title report is needed, that it will be provided by the City.
Please indicate your acceptance of this change order by signing below and returning a copy to our office.
Thank you for the opportunity to provide services to the City of Poway.
Respectfully,
Chelisa A. Pack, MS, PE, QSD
Senior Project Manager, Civil
City of Poway
By:
(Signature)
Printed Name:
Title: Date: ____________ _
Poway Community Park Channel Change Order No. 1 R1 I 360164-01-001 _Revised April 1, 2026
8 \\EgnyteDrive\Acquisitions\CA-SAND-PD\DriveR\WP\CONTRACT\_360164\360164-01-001 COl Rl .docx bowman.com
13 of 53
May 5, 2026, Item #7
Bowman
ATTACHMENTS
1) Exhibit A-GEOCON Inc. Scope of Work Letter dated March 24, 2026. 2) Exhibit B -JT Kruer Scope of Work Letter dated March 23, 2026. 3) Exhibit C -RECON Scope of Work Letter dated March 5, 2026.
Poway Community Park Channel Change Order No. 1 R1 I 360164-01-001 Revised April 1, 2026
9 I \\EgnyteDrive\Acquisitions\CA-SAND-PD\DriveR\WP\CONTRACT\_360164\360164-01-001 CO1 R1.docx bowman.com
14 of 53
May 5, 2026, Item #7
Bowman
15 of 53
BOWMAN CONSULTING GROUP LTD.
SCHEDULE B -HOURLY RATE
January 2026
CLASSIFICATION
Expert Witness/Research
Depositions & Testimony
Senior Principal
Principal
Department Executive
Team Leader
Senior Engineering Project Manager
Senior Survey Project Manc3ger
Assistant Project Manager-Landscape
Project Coordinator
Assistant Project Manager
Engineering Project Manager
Survey Project Manager
Senior Surveyor
Engineer I
Engineer II
Engineer Ill
Planner I
Planner II
Planner Ill
Designer I
Designer II
Designer 111
CADD Drafter I/Intern
CADD Drafter II
CADD Drafter Ill
Landscape Architect I
Landscape Architect II
Landscape Architect Ill
Survey Technician I
Survey Technician II
Survey Technician Ill
Survey Field Crew - 1 Man
Survey Field Crew - 2 Man
Survey Field Crew - 3 Man
Senior Environmental Scientist
Environmental Scientist I
Environmental Scientist II
Environmental Scientist Ill
3D Scanning Crew
3D/UAV Modeling Technician
UAV Operation
SUE Utility Coordinator
SUE Technician I
SUE Technician II
SUE Technician Ill
Remote Sensing Technician I
Remote Sensing Technician II
HOURLY RATES
$385.00/HR
$385.00/HR
$385.00/HR
$255.00/HR
$240.00/HR
$235.00/HR
$235.00/HR
$250.00/HR
$165.00/HR
$200.00/HR
$205.00/HR
$225.00/HR
$230.00/HR
$200.00/HR
$150.00/HR
$170.00/HR
$175.00/HR
$145.00/HR
$150.00/HR
$160.00/HR
$ 95.00/HR
$150.00/HR
$210.00/HR
$ 95.00/HR
$ 95.00/HR
$ 95.00/HR
$140.00/HR
$150.00/HR
$160.00/HR
$135.00/HR
$145.00/HR
$160.00/HR
$200.00/HR
$280.00/HR
$415.00/HR
$195.00/HR
$155.00/HR
$165.00/HR
$175.00/HR
$275.00/HR
$160.00/HR
$275.00/HR
$200.00/HR
$110.00/HR
$120.00/HR
$150.00/HR
$120.00/HR
$140.00/HR
May 5, 2026, Item #7
Remote
Sensing
Technician
Ill
Machine
Control
Technician
Administrative
Professional
Table
816
-DEFAULT
2026
California
-San
Diego
16 of
53 $160
.00/HR
$270
.00/HR
$105
.00/HR
Initials:
Bowman
/ Client
May 5, 2026, Item #7
EXHIBIT A
GEOCON
INCORPORATED
GEOTECHNICAL ■ E NVIRONMENTAL ■ MATERIALS~
Project No. G3269-42-01
May 6, 2025
Revised March 24, 2026
Bowman
701 B Street, Suite 800
San Diego, California 92101
Attention: Ms. Chelisa Pack
Subject: CHANGE ORDER NO. 1
SITE DEVELOPMENT SERVICES
POWAY COMMUNITY PARK
RIBBON DRAIN ASSESSMENT
POWAY, CALIFORNIA
References: 1. Preliminary Geotechnica/ Investigation, Poway Community Park, Ribbon Drain Assessment, Poway, California, prepared by Geocon Incorporated, dated May 6, 2025 (Project No. G3269-42-0l).
Dear Ms. Pack:
We prepared this change order (Change Order No. 1) to provide an update to our budget for geotechnical services for the Ribbon Drain Assessment project. Our current approved budget for this project is $8,960, which is now expended. Based on our discussions with you, we understand that the City of Poway is requesting additional services for this project, as outlined below.
SCOPE OF SERVICES
A construction schedule was not available for review during the preparation of this scope. We have estimated grading and construction durations based on our review of currently available project documents and our experience working on similar development projects. Once a construction schedule is available, we reserve the opportunity to review the schedule to update this estimate.
Costs outlined in this change order are based on prevailing wage rates.
TASK 1: FINAL GEOTECHNICAL INVESTIGATION REPORT
Final Geotechnical Report. Preparing a final geotechnical report based on the final design option that is selected for construction in accordance with the 2025 California Building Code, and presenting our findings, our conclusions, and recommendations regarding the geotechnical aspects of constructing the proposed surface drainage improvements. Our report would include a summary of the potential geologic hazards that might affect the project (faulting, liquefaction, seismic shaking, landslides), 6960 Flanders Drive ■ San Diego, California 92121-2974 ■ Telephone 858.558.6900 ■ Fax 858.558.6159 17 of 53
May 5, 2026, Item #7
~GEOCO
N
Poway
Community
Park
Change
Order
No
. 1
Rev
ised
soil/excavation
characteristics,
and
preliminary
geotechnical
recommendations
for
the
design
and
construction
of
the
project
including:
•
Excavation
and
Soil
Characteristics;
•
Temporary
Excavation
Recommendations
(if
applicable);
•
Grading
Recommendations;
•
Dewatering
Recommendations
(if
applicable);
and
•
Hardscape
Design
Recommendations
.
TASK
2:
DESIGN
CONSULTATION
Geotechnical
Consultation.
We
expect
consultation
design
services
to
be
required
during
the
design
and
submittal
process
for
the
planned
project
. The
planned
consultation
services
would
include
attending
design
meetings,
reviewing
foundation
and
grading
plans,
and
reviewing
geotechnical
earthwork
and
construction
specifications
.
TASK
3:
GEOTECHNICAL
OBSERVATION
AND
TESTING
SERVICES
DURING
CONSTRUCTION
Compaction
Testing
-Grad
ing.
Provide
one
soil
technician
for
the
project
on
a "full-time"
(continuous)
basis
during
grading.
We
estimate
that
approximately
160
man-hours
(20
days)
of
technician
time
will
be
incurred
during
grading.
Our
technician
would
be
equipped
with
a vehicle
and
sufficient
field-testing
equipment
to
provide
in-place
density
test
results
in
the
field.
Costs
for
the
soil
technician
would
be
invoiced
at
$169
per
hour
(prevailing
wage
rate)
during
a
normal
eight-hour
day.
Hours
worked
in
excess
of
eight
hours
per
day,
or
40 hours
per
week,
will
be
charged
at
time
and
one-half
per
overtime
hour
and
would
be
an
extra
to
the
contract
. Vehicles,
field-testing
equipment
and
mileage
expenses
are
included
in
the
hourly
rate
.
Compaction
Testing
-
Improvements.
We
would
provide
a
soil
technician
on
an
"on-call"
basis
as
requested
by
the
on-site
superintendent
during
construction
of
any
miscellaneous
site
improvements.
We
estimate
that
40 hours
of
field
soil
technician
time
would
be
requested
during
the
backfill
operations.
The
technicians
would
be
equipped
with
a vehicle
and
sufficient
field
-testing
equipment
to
provide
in-place
density
test
results
in
the
field
. Fees
for
the
soil
technician
would
be
invoiced
at
$169
per
hour
up
to
8 hours
per
day.
Hours
worked
in
excess
of
8 hours
per
day,
or
40 hours
per
week
per
technician,
would
be
charged
overtime
and
would
be
an
extra
to
the
contract.
Vehicles,
field
testing
equipment
and
mileage
expenses
are
included
in
the
hourly
rate.
Geotechnical
Consultation
and
Observation
During
Construction.
Site
visits
by
our
engineer
and/or
geologist
would
be
performed
as
site
conditions
warrant.
It
is
anticipated
that
attending
meetings
associated
with
the
project,
as
well
as
periodic
professional
consultation,
may
be
required
during
grading
. Based
on
our
past
experience
with
similar
projects,
we
estimate
32 hours
of
engineer
or
geologist
time
will
be
incurred
during
grading
.
Project
No
. G3269
-42-
01 18
of
53 -2
-
May
6,
2025
Revised
March
24,
2026
May 5, 2026, Item #7
~GEOCON
Poway Community Park
Change Order No. 1 Revised
Laboratory Testing. Perform laboratory soil tests related to onsite improvements (maximum dry density and optimum moisture content). The quantity and type of tests performed will depend upon the soil conditions encountered during grading and improvements. The actual fee for laboratory tests will be invoiced in accordance with our current Schedule of Fees/Terms and Conditions.
As-Graded Geologic Map and Report Preparation and Submittal. At the completion of the grading operations and improvements, we would prepare a final report summarizing field and laboratory test results and indicating the location of field density compaction tests. The report will include an As Graded Geologic Map depicting areas offill and geology, where appropriate.
PROPOSED ADDITIONAL FEES
Table 1 presents the estimated cost for geotechnical engineering services based on the scope of work outlined above.
TABLE 1: UPDATED CONTRACT ESTIMATE
Item Value
TASK 1: FINAL GEOTECHNICAL INVESTIGATION REPORT
Final Geotechnical Report
Subtotal (Task 1)
TASK 2: DESIGN CONSULTATION
Senior Engineer/Geologist
Subtotal (Task 2)
TASK 3: GEOTECHNICAL OBSERVATION DURING GRADING AND IMPROVEMENTS Compaction Testing (Grading; 20 Days; 160 hrs.; PW)
Compaction Testing (Trench/Wall Backfill; 5 Days; 40 hrs.; PW) Laboratory Testing
Geotechnical Consultation (32 hrs.)
Report Preparation
Subtotal (Task 3)
TOTAL ESTIMATED COST (TASKS 1 THROUGH 3):
$2,600
$2,600
$27,040
6,760
2,200
5,300
4,000
$45,300
$52.900
Table 2 The presents the recommended updated contract value for geotechnical engineering services.
Current Budget Amount
Change Order No. 1
TABLE 2: UPDATED CONTRACT ESTIMATE
Item Value
$8,960
$52,900
TOTAL UPDATED ESTIMATED COST $61.860
Project No. G3269-42-01
19 of 53
-3 -May 6, 2025
Revised March 24, 2026
May 5, 2026, Item #7
0GEOCON
Poway Community Park
Change Order No. 1 Revised
Based on the discussion herein, we respectfully request a change order amount of $52,900. The revised contract amount is $61,860. If this change order meets with your approval, please prepare a contract change order and billing sheet for our signature. The following table presents the recommended updated contract values for geotechnical engineering services.
Should you have any questions regarding this change order, or if we may be of further service, please contact the undersigned at your convenience.
Very truly yours,
GEOCONINCORPORATED
upert S. Adams
CEG 2561
[email protected]
RSA:RCM:lm
Enclosures: SF/TC 2026 {E)
{e-mail) Addressee
Project No. G3269-42-0l
20 of 53
-4 -
Rodney C. Mikesell
GE 2533
[email protected]
May 6, 2025
Revised March 24, 2026
May 5, 2026, Item #7
~GEOCON
2026 Schedule of Fees -Geotechnical & Environmental
FEES WILL INCREASE BY 3% ANNUALLY AT THE START OF EACH CALENDAR YEAR, ROUNDED UP TO THE NEAREST DOLLAR, FOR THE DURATION OF
THE CONTRACT
Professional Services
Word Processor/Technical Editor/CAD (/hr.)
Engineering Assistant/Lab Technician (/hr.)
Special Inspector (/hr.)
Engineering Field Technician (Incl. Vehicle and Nuclear Gauge) and Non-Destructive Testing (/hr.)
Senior Engineering Field Technician (Incl. Vehicle and Nuclear Gauge) (/hr.)
Staff Engineer/Geologist (/hr.)
Senior Staff Engineer/Geologist (/hr.)
Project Engineer/Geologist (/hr.)
Senior Project Engineer/Geologist (/hr.)
Senior Engineer/Geologist (/hr.)
Associate Engineer/Geologist (/hr.)
Principal Engineer/Geologist/Litigation Support
Deposition or Court Appearance (/hr.)
Attorney Fees (General) (/hr.)
Overtime and Saturday Rate= 1.5 X Regular Hourly Rate
Sunday and Holiday Rate= 2 X Regular Hourly Rate
Minimum Professional Fee (Per Project)
Minimum Field Services Fee (per day/night)
Short-Notice Cancellation
*Prevailing Wage Hourly Surcharge per California labor Code §1720, et seq. (/hr.) + cumulative rate increase after 1/1/2026 Personnel= Regular Hourly Rate
Subsistence (Per Diem/Day)
Travel
Equipment and Materials
Nuclear Gauge= Included in Technician Rate
Coring Machine (concrete, asphalt, masonry) (/Day)
Generator/ Air Compressor (/Day)
Asphalt Cold Patch, 60-lb. sack
Concrete, 60-lb. sack
Vibration Monitoring Unit (/Week)
Pick-Up Truck
Equipment Truck
Equipment Trailer
pH/Conductivity/Temperature Meter (/Day)
Drive-Tube Sampler or Hand Auger
Soil Sample Tube (Brass or Stainless)
Water Level Indicator
Water Sampling Pump
Photo-Ionization Meter
Level D PPE/Decon Rinse Equipment
Crack Monitor
Moisture Dome Test Equipment
55-Gallon Drum
Outside Services/Equipment/Materials
21 of 53
$ 98
$ 98
$ 83
$ 103
$ 109
$ 134
$ 150
$ 165
$ 181
$ 212
$ 227
$ 227
$ 464
$ 464
$ 750
4/8 hrs.
4 hrs.
$ 60
$ 350
$
$ 211
$ 125
$ 22
$ 22
$ 258
$ 147
$ 234
$ 114
$ 71
$ 49
$ 13
$ 49
$ 92
$ 147
$ 65
$ 38
$ 55
$ 82
+ 15%
Utility Location/Geophysical Services
Utility Locating -Half Day -Single Person $ 618
Utility Locating -Half Day -Two People $ 1,236
Utility Locating -Full Day -Single Person $ 1,236
Utility Locating -Full Day -Two People $ 2,472
Seismic Remi Study -Initial Line $ 1,648
Seismic Remi Study -Additional Lines Each $ 412
Multichannel Analysis Of Surface Waves -Half Day $ 1,623 Multichannel Analysis Of Surface Waves -Full Day $ 3,090 Electrical Resistivity Tomography -Half Day $ 1,803
Electrical Resistivity Tomography -Full Day $ 3,296
Refraction Study -Half Day $ 1,957
Refraction Study -Full Day $ 3,914
Underground Storage Tank Evaluation -Half Day $ 1,854
Underground Storage Tank Evaluation -Full Day $ 3,502
Utility Locating -Half Day -Single Person• $ 1,133
Utility Locating -Half Day -Two People* $ 2,060
Utility Locating -Full Day -Single Person* $ 1,854
Utility Locating -Full Day -Two People* $ 3,502
Seismic Remi Study -Initial Line* $ 2,163
Seismic Remi Study -Additional Lines Each* $ 515
Multichannel Analysis Of Surface Waves -Half Day* $ 2,163 Multichannel Analysis Of Surface Waves -Full Day* $ 4,017 Electrical Resistivity Tomography Study -Half Day* $ 2,163 Electrical Resistivity Tomography Study -Full Day* $ 4,017 Refraction Study -Half Day* $ 2,163
Refraction Study -Full Day* $ 4,017
Underground Storage Tank Evaluation -Half Day* $ 2,163
Underground Storage Tank Evaluation -Full Day* $ 4,017
Mobilization Fee ($ Per Hour) $ 129
*Prevailing Wage Rates
Geophysical Summary Report $ 1,545
Laboratory Tests
Soil and Aggregate Properties
#200 Wash (Dl140/C117) $ 76
Wet Sieve Analysis to #200 (D422) $ 125
Hydrometer Analysis (D422) $ 190
Sieve Analysis with Hydrometer (D422) $ 216
Specific Gravity, Soil (D854) $ 88
Specific Gravity Coarse Aggregate (C127) $ 64
Specific Gravity Fine Aggregate (C128) $ 86
Moisture Determination, tube sample (D2216) $ 26
Moisture Determination and Unit Weight (D2937) $ 51
Atterberg Limits: Plasticity Index (D4318) $ 192
Sand Equivalent (D2419) $ 130
pH and Resistivity (CAL643) $ 152
Sulfate Content (CAL417) $ 111
Chloride Content (CA[422) $ 73
May 5, 2026, Item #7
~GEOCON
Laboratory Tests Laboratory Tests
Shear Strength Asphalt Concrete
Unconfined Compression (D2166) $ 151 Density, Hveem (D2726/CAL308} $ 114 Direct Shear, Quick (D3080} $ 287 Stabilometer (D1560/CAL304} $ 125 Unconsolidated-Undrained Triaxial Shear/pt. (D2850} $ 187 Theoretical Max. Specific Gravity (D2041) $ 94 Unconsolidated-Undrained Triaxial Staged (D2850) $ 225 Sieve Analysis Extracted Aggregate (C136} $ 109 Consolidated-Undrained Triaxial Shear/pt. (D4767} $ 389 % Asphalt, Ignition Method (CAL382} $ 125 Consolidated-Undrained Triaxial Staged (D4767} $ 456 % Asphalt, Nuclear Gauge (CAL379} $ 132 Consolidated-Drained Triaxial Shear/pt. (EMlll0} $ 484 Unit Weight, Core (D 1188} $ 73 Consolidated-Drained Triaxial Staged (EMlll0} $ 680
Concrete
Permeability, Consolidation, and Expansion Compressive Strength, Cylinders (C39} $ 32 Permeability, Flexible Wall (D5084} $ 371 Compressive Strength, Cylinders 6x12 (C39} $ 35 Permeability, Rigid Wall (D5856) $ 321 Compressive Strength, Concrete Cores (C42} $ 51 Consolidation, per point (D2435} $ 64 Compressive Strength, Shotcrete Cores (C42} $ 76 Expansion Index (D4829/UBC 29-2) $ 169 Unit Weight, Hardened Concrete (ASTM C642} $ 63 Unit Weight, Lightweight Concrete (ASTM C567} $ 85
Compaction Curves Flexural Strength Beam (C78/C293} $ 87 4-inchmold (D1557) $ · 255 Splitting Tensile Test (C496} $ 8S 6-inch mold (D1557) $ 298 Mix Design Review $ 250
California Impact (CAL216} $ 249 Trial Batch Preparation/Organization (/Hr.) $ 114 Check Point $ 109 Compressive Strength, 2x2 Cube (Soil Nail Grout) $ 32 Compressive Strength, 2x2 Cube (Non-Shrink Grout) $ 32
Soil and Aggregate Stability Tensile Strength Fabrication (ASTM C192} $ 1,082 Resistance Value, R-Value (D2844/CAL301} $ 347 Tensile Strength (ASTM C1583} $ 703 R-Value, Treated (CAL301} $ 366 Shrinkage (ASTM C159} $ 487 California Bearing Ratio (D1883} $ 657 MOE (ASTM C469} $ 32S Stabilization Ability of Lime (C977} $ 215 Chloride Ion Content (ASTM C1543/C1202} $ 298 Aggregate Quality Steel Testing
Dry Sieve Analysis to #200 (C13} $ 125 Tensile Strength & Elongation (A370) L.A. Rattler Test (SOD rev.) (C131} $ 232 #11 Bar & Smaller $ 136 Sulfate Soundness (per sieve size) (C88} $ 125 #14 Bar $ 163 Durability (fine or coarse) (D3744} $ 207 #18 Bar (Proof Test) $ 190 Unit Weight (Cl42} $ 87 Bend Test (A370}
Organic Impurities -Sand (C40} $ 71 #11 Bar & Smaller $ 82 Friable Particles (C142} $ 100 #14  Bar $ 109
Fine Aggregate Angularity (AASHTO T304) $ 325 Tensile -Mechanically Spliced Bar (A370} #11 Bar & Smaller $ 217
Masonry #14 Bar & Larger $ 271
CMU Compressive Strength (C140} $ 217 Tensile -Electric Resist. Butt Splice (A370} $ 217 Compressive Strength, Grout (Cl019/UBC 21-19} $ 31 Straightening of Bar (A370} $ 82 Compressive Strength, Mortar (C109/UBC 21-15,16} $ 31 Tensile Strength & Elongation (A370} CMU Unit Wt., Dimen., Absorption (C140} $ 166 Up to 200,000 lbs $ 163 Compressive Strength, Masonry Prism (C1314} $ 217 200,000 -300,000 lbs $ 190 Masonry Core Compression (C42} $ 74 300,000 -400,000 lbs $ 217 Masonry Core Shear (CBC 210SA.4} $ 138
Spray Applied Fireproofing
Fireproofing Oven Dry Density/Thick (E605/E736} $ 98
22 of 53
May 5, 2026, Item #7
~GEOCON
Laboratory Tests Common Analytical Tests
High Strength Bolt, Nut & Washer Testing Total Petroleum Hydrocarbons (EPA 8015M) $ 114 Tensile Tests on Bolts (A325/A490) $ 136 Volatile Organic Compounds (EPA 8260B) $ 179 Proof Load Test on Nuts (A563) $ 136 Semi-Volatile Organic Compounds (EPA 8270) $ 325 Hardness Test on Bolts (A325/A490) $ 82 CAM 17 Metals (EPA 6010B) $ 195 Hardness Test on Nuts (A536) $ 82 Single Metal (EPA 6010B) $ 44 Hardness Test on Washers (F436) $ 82 Organochlorine Pesticides (EPA 8081) $ 152 Polychlorinated Biphenyls (EPA 8082) $ 130
Polynuclear Aromatic Hydrocarbons (EPA 8270) $ 195
Soil pH (EPA 9045() $ 44
Asbestos-PLM $ 33
STLC or TCLP Extraction $ 109
Sample Compositing $ 38
XRF Analyzer (/Day) $ 721
48-hour Turn-Around Time (Surcharge) 75%
24-hour Turn-Around Time (Surcharge) 100%
Terms and Conditions
1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments, recommendations or conclusions.
2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is $155.00 per day when location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum two-hour charge.
5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.
6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon's (the term "Geocon" includes Geocon's partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client's injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.
7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon's total aggregate liability to all third parties, including contractors, subcontractors of all tiers, material men, and others involved in Client's project, as well as persons and other entities not involved in the project, to the greater of $100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon's liability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon's actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon's actions or inactions.
23 of 53
May 5, 2026, Item #7
EXHIBIT B
J T Kruer General Engineering Construction, Inc
License No. 777345
Feasibility/ Costing I Scheduling/ Earthwork Analysis
Project Management/ Construction Management
Reclamation Management/ General Engineering Construction 3645 Ruffin Road, Ste 101, San Diego, CA92123
www.jtkruerco.com
March 23, 2026
Chelisa Pack, MS, PE Bowman
701 B Street, Ste. 800 San Diego, CA 92101
Reference: Rattlesnake Creek Park-Poway
Subject: Proposal for Cost Consulting Services
This proposal represents the terms, nature, and limitation of services to be provided for the above mentioned project.
1. CONSUL TING SERVICES
1.1 Review Final Engineering Documents provided by the Client and render an opinion of updated costs, including take-off quantities, including unit pricing for the various tasks required to complete that specific scope of work.
Plan Review and Costing at 60% Plans: 30 Hrs@ $133.00 per Hour (Not to Exceed $3,990.00) Plan Review and Costing at 90% Plans: 24 Hrs@ $133.00 per Hour (Not to Exceed $3,192.00) Plan Review and Costing at 100% Plans: 18 Hrs @$133.00 perHour (Not to Exceed $2,394.00) TERMS: The cost of the services as outlined in Sect. 1.1 will be $9,576.00, payable in Monthly installments, based on hours completed .
Any additional services shall be considered hourly services. These services are billable on an Hourly Basis, payable in monthly installments, in accordance with the Hourly Rates & Fees Schedule.
2. ADDITIONAL WORK & HOURLY SERVICES
2.1. Meetings shall be considered hourly services. The cost of the hourly services will be billed on an Hourly Basis, payable in monthly installments, in accordance with the Hourly Rates & Fees Schedule (See Attachment "A").
2.2. Reimbursable charges for blueprinting, photographic mylar reproduction, photocopying, travel and mileage (over 150 miles one-way), delivery services, computerized plotting, special graphic supplies, • Page 1
24 of 53
May 5, 2026, Item #7
facsimiles, and other direct project charges incurred on behalf of Client will be billed to Client at cost plus 10%.
Additional Work will not be performed without the prior expressed written consent of the Client.
If the foregoing is in accordance with your understanding, please indicate by signing below in the space provided. Please return an executed copy as written authorization to proceed with the services as described herein.
Thank you again for the opportunity to be of service.
Sincerely, APPROVED~ACCEPTED
Jonathan T. Kruer, President Bowman
See Attachment "A", as referenced herein.
• Page 1
25 of 53
May 5, 2026, Item #7
•
•
•
•
•
•
•
• Page 1
26 of 53
ATTACHMENT "A"
SCHEDULE OF RATES & FEES
Professional Services Hourly Rates
Effective through December 31, 2026
Principal.. .................................. $185 / Hr Project Manager ........................ $160 / Hr
Sr. Construction Manager ........... $145/ Hr
Construction Manager ............... $135 / Hr
Construction Inspector .............. $115 / Hr
Sr. Estimator/ Scheduler ............ $115 / Hr
Field Supervisor ........................ $100 / Hr
Jr. Estimator/ Scheduler ............. $90 / Hr
Contract Administrator ................ $85 / Hr
Draftsman .................................... $75 / Hr Technical Assistant ..................... $65 / Hr
Word Processor .......................... $45 / Hr
Litigation Support
Deposition, Attendance at Mediation, Arbitration or Trial ... $350 / Hour ... 4 Hour Min.
Other Services
Construction Document Preparation • Change Order Analysis & Negotiation Bidding & Purchasing • Draw Inspections for Construction Funding Land Reclamation Services • Asset Rehabilitation
Construction Management Services • Construction Defect Analysis Owner's Representative • California "A" Licensed General Monthly Activity & Evaluation Reports Engineering Contractor Framework Programs for Construction • International Services (Mexico) Management
May 5, 2026, Item #7
EXHIBIT C
RECON
An Employee-Owned Company
March 5, 2026
Ms. Chelisa Pack
Bowman
701 B. Street, Suite 800
San Diego, CA 92101
Reference: Poway Community Park Update-Change Order 1 -Revised (RECON Number 10432) Dear Ms. Pack:
RECON Environmental, Inc. (RECON) is requesting this change order for the Poway Community Park project (project) consisting of repairs and enhancement to a segment of Rattlesnake Creek in the city of Poway, California. Three options have been evaluated, and the project is proposing to move forward with Option 3 which includes the removal of the existing concrete low-flow ribbon gutter and regrading the channel to flatten the longitudinal slopes with riprap-lined drop structures and naturalize the channel.
SCOPE OF WORK
RECON understands that the project is beginning the pre-entitlement process and is working with the City of Poway (City) planning staff in efforts to enhance the Poway Community Park. As part of this project, RECON has provided a scope of work to provide biological resources survey and report, an aquatics resources delineation and report, pre-application regulatory support, mitigation planning, aquatic resources permitting, and a cultural resource survey and report. RECON also proposes to prepare an Initial Study/Mitigated Negative Declaration (IS/MND).
Task 1: Biological Resources Survey and Report
RECON will prepare a Biological Resources Report based on the following tasks:
• RECON will provide up to 20 hours of consultation/meeting time with Bowman and the City. • RECON will conduct a search of the records of the California Natural Diversity Data Base (California Department of Fish and Wildlife) to determine what sensitive species have been reported from the vicinity of the project. • RECON will conduct a general biological resources survey within a Biological Survey Area that consists of the proposed work area (a segment of Rattlesnake Creek), which measures approximately 500 feet in length, and all areas within 50 feet of the proposed work area, totaling 2.2 acres. The RECON biologists will inventory plant and wildlife species apparent at the time of survey, map vegetation communities, and assess the potential for the Biological Survey Area to support special status plant and wildlife species. • RECON will prepare the Biological Resources Report according to the City's Habitat Conservation Plan that includes a vegetation map of the project showing natural plant communities and the observed locations of rare and endangered species, describes biological resources occurring on the property, assesses the impact of the proposed development on the biological resources and discusses mitigation measures, if necessary. • Provide one set of revisions based on City staff comments and resubmit to the City.
Assumptions: Additional studies may be required by the jurisdiction or resources agencies, such as directed searches for particular sensitive species. These and any other special studies or additional response to comments would·only be conducted with additional authorization from Bowman. 27 of 53
3111 Camino del Rio North, Suite 600, San Diego, CA 92108-5726 I 619.308.9333 I reconenvironmental.com
SAN DIEGO I OAKLAND I TUCSON I SAN ANTONIO
May 5, 2026, Item #7
Ms. Chelisa Pack
March 5, 2026
Task 2: Aquatic Resources Delineation and Report
Aquatic resources (e.g., wetlands, streams, drainage features, etc.) may occur within the project area. RECON recommends conducting a formal aquatic resources delineation and associated reporting to comply with regulatory agency requirements and assess the type and extent of these on-site aquatic resources, which would entail the following:
• RECON will provide up to four hours of project management time which will include an internal kickoff meeting to distribute project materials, scheduling the field delineation, and coordination time with Project Design Consultants (Bowman).
• RECON will also provide up to four hours of desktop aerial review, database analysis, and geographic information system (GIS) support in preparation for the field delineation. • Two qualified RECON biologists/regulatory specialists will conduct a formal aquatic resources (e.g., wetlands, other waters) delineation of the approximate 0.30-acre drainage with a 50-footbuffer, totaling 2.2 acres (review area) per agency-approved methodologies at the time of this scope. Specifically, the delineation will be conducted in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0), 2025 National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams, 2024 Stream Duration Assessment Methods for the Arid West and Western Mountains of the United States of America, 2025 U.S.
Army Corps of Engineers (USACE) Recommended Minimum Standards for Aquatic Resource Delineation Reports (Minimum Standards), and the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State. California Department of Fish and Wildlife (CDFW)-jurisdictional streams will be delineated based on the presence of a "bed and bank;" observed associated riparian habitat will be mapped as CDFW-jurisdictional riparian habitat within and/or beyond the banks of the delineated streambed. • The Minimum Standards recommend wetland delineation sampling points within each plant community in the review area. This task assumes the vegetation community/land cover mapping will be completed prior to the aquatic resources delineation. Furthermore, soils mapped as hydric by the Natural Resources Conservation Service will be assessed during the wetland delineation. RECON anticipates no more than ten wetland, Ordinary High Water Mark (OHWM) and/or Streamflow Duration Assessment Method (SDAM) data sampling points within the review area to assess potential aquatic resources on-site; should substantial additional data be required to assess the boundaries of on-site aquatic resources, further costs may be necessary. • RECON regulatory specialists will analyze the results of the aquatic resources delineation to determine the extent of potentially jurisdictional aquatic resources per the USACE under Section 404 of the Clean Water Act (CWA), Regional Water Quality Control Board (RWQCB) under CWA Section 401 and the Porter-Cologne Act, and CDFW under California Fish and Game Code Sections 1600-1603 within the defined review area. • RECON regulatory specialists will prepare an aquatic resources delineation report (ARDR) that describes and illustrates the location of potentially jurisdictional aquatic resources in compliance with the USACE 2025 Minimum Standards) and accepted by the RWQCB and CDFW.
• RECON will review and address one round of comments from the City. Recommended edits/changes per comments received will be incorporated into the final report and submitted in PDF format.
Assumptions:
• This cost includes an ARDR prepared based on the project design and existing regulations at the time of project initiation. Should revisions to the report or additional field work be required based on project design, vegetation community or hydric soil mapping requiring additional wetland sample points and/or regulatory changes, additional· authorization from Bowman would be required. 28 of 53
May 5, 2026, Item #7
Ms. Chelisa Pack
March 5, 2026
• An analysis and quantification of impacts on potentially jurisdictional aquatic resources will not be included within the ARDR but will be included as part of the biological resources report (Task 1). • The ARDR will also not include a draft USACE preliminary jurisdictional determination (PJD), approved jurisdictional determination (AJD). These additional tasks can be provided with additional authorization from Project Design Consultants (Bowman), if needed or requested based on the results of the ARDR. The preparation of regulatory permit applications is included in a separate task (Task 6). Additional coordination, field verification, and documentation will be required under a separate task if Project Design Consultants (Bowman) or the City requests an AJD or if other agencies (e.g., RWQCB or CDFW) require confirmation.
Task 3: Federal Emergency Management Agency Letter
RECON will assist Chang Consultants with the Conditional Letter of Map Revision application process with Federal Emergency Management Agency by providing information on biological resources and potential impacts to those resources in compliance with the federal Endangered Species Act. • Provide up to two hours of consultation/meeting time with Chang Consultants. • Prepare a letter report that describes the potential for endangered species to occur on-site and assesses any direct and indirect impacts the proposed development may have on listed species and any proposed mitigation measures.
• Provide one set of revisions based on comments from Chang Consultants and resubmit to Bowman.
Assumptions:
Any additional studies (e.g., protocol surveys) required by the resources agencies would only be conducted with additional authorization from Bowman.
Task 4: Pre-Application Regulatory Support
RECON recommends pre-application coordination regarding anticipated impacts on USACE, RWQCB, and/or CDFW aquatic resources. RECON will provide up to 46 hours for project management, calls, or other coordination required with the regulatory agencies, the City, Bowman, and/or other project team members related to aquatic resource permitting for the proposed project. Regulatory support includes assistance in impact avoidance of potentially jurisdictional resources, site design, guidance on application submittal requirements, anticipated compensatory mitigation requirements and research, the preliminary development of project alternatives, and a permitting approach that would be expected to meet regulatory requirements for the applicable federal and state agencies based on the results of the project ARDR (Task 2). RECON will provide a table and GIS figure showing the potential impacts on aquatic resources for the proposed project with this cost, assuming the receipt of the geo referenced spatial data showing the proposed impact areas. A one-hour meeting to discuss the details of these impacts is also included in this scope of work.
This task may also include agency coordination, preparation, and attendance at one pre-application meeting, including a request and attendance for an official pre-filing meeting, which is required no less than 30 days prior to application submittal under CWA Section 401 Certification Rule and certain RWQCB general orders (when applicable).
Assumptions:
• The pre-application process will be standard and noncontroversial. Additional cost may be required if the pre-application process becomes complex or lengthy, if the allotted time and materials budget provided here is otherwise exhausted through other pre-application regulatory support needs, and/or depending on the substance and extent of the regulatory agencies' initial feedback-during the pre-application coordination. 29 of 53
May 5, 2026, Item #7
Ms. Chelisa Pack
Page4
March 5, 2026
Task 5: Mitigation and Restoration Planning
RECON will provide up to 40 hours to coordinate with RECON's Geographic Information System (GIS) staff, Project Design Consultants (Bowman), and applicable agency representatives and organizations to assist with developing a compensatory mitigation strategy to offset impacts on jurisdictional aquatic resources and identify potential compensatory mitigation sites should compensatory mitigation be required by the regulatory agencies for the proposed project. If the project qualifies as a restoration project per the regulatory agencies' standards, RECON may use this task to provide support regarding the on-site restoration approach, including guidance related to the identification of an ecological reference, planting palette, and other biological components, if required by an agency, for the proposed project area within Rattlesnake Creek. Additional time and authorization may be required to complete a draft restoration plan depending on the result of coordination under Task 3 and during the preparation of the permit applications under Task 6.
Assumptions:
• This cost does not include the development of a conceptual or detailed compensatory mitigation and monitoring plan (CMMP) or related additional mitigation requirements (e.g., long-term management plan, mitigation plan implementation, assistance with coordination regarding financial assurances, long-term funding, or site protection). The CMMP scope and other requirements will greatly depend on the results of the mitigation planning support provided with this task. A separate scope and cost can be provided for additional mitigation-related tasks upon determination of mitigation site location and type. • Assistance with the development of a restoration approach for Rattlesnake Creek assumes Project Design Consultants (Bowman) can provide landscape design and engineering and hydrology information support.
Task 6: Aquatic Resources Permitting -USACE, RWQCB, CDFW Based on results of the ARDR (conducted under Task 2) and anticipated impacts on potentially jurisdictional aquatic resources, RECON will prepare draft permit application packages in accordance with the CWA regulations (Sections 404 and 401, implemented by the USACE and State RWQCB, respectively), Porter-Cologne Water Quality Control Act (Porter-Cologne; implemented by the RWQCB), and Section 1602 of the California Fish and Game Code (implemented by CDFW). Permit application packages will include required agencies forms, a project description, summary of proposed impacts to jurisdictional resources for each agency, engineering drawings (provided by Project Design Consultants [Bowman]), technical reports (provided by RECON for those completed in house; external technical reports to be provided by Project Design Consultants [Bowman]), figures, impacts tables, and representative photos. Technical reports will include the project-specific biological resources/technical report or assessment, cultural resources report (including a recent record search), hydrology study, storm water pollution prevention plan, construction and post-construction best management practices, and CEQA documentation.
This scope assumes the project will qualify for authorization under a USACE Nationwide Permit, not a Standard Individual Permit (SIP). Additional costs will be required if the project requires a USACE SIP.
Furthermore, an alternatives analysis per the RWQCB's State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State is expected to be required for the project and therefore included in this task, unless the project qualifies under a RWQCB general order (to be determined pending the results of Tasks 2 and 3).
The following information will be needed from Project Design Consultants (Bowman) and/or the City to draft the required alternatives analysis: site plan figures, detailed project description, purpose and need statement, construction costs, and logistical information for each on-and off-site alternative. RECON will provide up to ten hours to coordinate with the Bowman to assist with the development of a reasonable range of alternatives and the information required for the alternati_ves analysis.
30 of 53
May 5, 2026, Item #7
Ms. Chelisa Pack
March 5, 2026
Assumptions:
• Final permit applications will be prepared based on one round of comments and revisions from Project Design Consultants (Bowman) or the City.
• It is assumed that the applicant (i.e., the City) will provide the applicable application fees and that the City and/or Project Design Consultants (Bowman) will provide the following documents in support of the application packages, as applicable, including: project-specific biological resources/technical report or assessment, cultural resources report (including a recent record search), hydrology study, geotechnical study, storm water pollution prevention plan, construction and post-construction best management practices, and CEQA documentation. Costs for preparation of these deliverables are not included in this scope, and those that RECON can produce would only be performed for an additional scope and fee upon request. • RECON will assemble the environmental documents and supplemental information provided by Project Design Consultants (Bowman) and submit the application forms and supplemental materials electronically to the agencies.
• CDFW and RWQCB will often automatically deem applications incomplete if an application does not include final CEQA documentation, which may cause delays in permit processing. As such, CEQA should be completed prior to submitting CDFW and RWQCB application. • This cost includes preparation of permit applications based on the project design and existing regulations at the time of project initiation. Should revisions to the permit applications be required based on project design changes, regulatory changes, or additional information requested by a regulatory agency representative, additional authorization from Project Design Consultants (Bowman) would be required.
Task 7: Cultural Resources Survey and Report
RECON will prepare a Cultural Resources Report based on the following tasks:
• RECON will provide up to two hours of consultation/coordination with the Bowman during the processing of the project.
• RECON will request a records search of the project area with a one-mile buffer from the south coastal Information Center and a sacred lands search from the Native American Heritage Commission. • RECON will conduct an on-foot survey of the approximately 500 feet in length project site with a SO-foot buffer and record any historic and prehistoric cultural resources that are discovered during the survey. The interval between field personnel will be approximately 15 meters. • RECON will prepare a Cultural Resources report that assesses the potential for the proposed project to impact cultural resources. The report will be completed in accordance with the current guidelines for the City and Section 106 of the National Historic Preservation Act. This report will identify any impacts and, if necessary, recommend mitigation measures to reduce the impacts.
• RECON will provide one site form or update to the local data repository as part of the confidential attachment. • RECON will prepare one set of revisions to the technical report based on City staff comments. • RECON will subcontract to Red Tail Environmental to provide a Native American monitor during the survey.
Assumptions:
This scope of work assumes that if a 404 permit is required, the USACE will complete Section 106 with local Tribes and the State Historic Preservation Office will be required. 31 of 53
May 5, 2026, Item #7
Ms. Chelisa Pack
March 5, 2026
Task 8: Initial Study/Mitigated Negative Declaration (IS/MND) RECON will prepare an IS/MND. Under this scenario, the following task will be required:
• RECON will prepare a Draft IS Checklist to identify potential impacts associated with the project. The IS/MND will be based on reports and plans and will identify feasible mitigation, as necessary, to reduce potentially significant impacts to below a level of significance. The Draft IS/MND will be submitted to the City for review and comment.
• RECON will prepare the Notice of Availability (NOA) of the Draft IS/MND and all required forms for submittal to the State Clearinghouse.
• RECON will prepare the Public Review Draft IS/MND based on final City edits and submit all required documents and forms, including the NOA, to the State Clearinghouse to initiate Public Review. RECON will follow all the latest State Clearinghouse electronic submittal requirements. • • Upon close of the 30-day public review period, RECON will respond to public comments on the Draft IS/MND and prepare a Final IS/MND. This task assumes up to 25 individual or unique comments that require responses (this includes comments from multiple comment letters received). Final IS/MND revisions are expected to consist of clarifications or minor editorial revisions. The Final IS/MND (including responses to public comments) will be submitted to the City for review and comment. RECON will participate in a final (up to one hour) working meeting to finalize all comments.
• RECON will file the Notice of Determination (NOD) with the State Clearinghouse after the final public hearing.
Assumptions:
• The scope for preparation of the IS/MND assumes up to two sets of revisions after review by Bowman and City staff and up to four hours of meetings to address the IS/MND. • The scope assumes up to two sets of revisions to the Final IS/MND based on comments from City staff. • RECON will submit electronic versions of the Public Review Draft IS/MND and all required forms. RECON assumes the City will manage all additional public notices and filings, including filing the NOA with the San Diego County Clerk. The City will file the NOD with the San Diego County Clerk and submit payment for both the filing and the required Fish and Wildlife fee. Should RECON CEQA staff be required to attend any hearings, additional authorization will be required.
• This scope does not cover revising analysis due to major project changes, additional technical reports, technical report changes, or changes in regulations. If such changes occur, then additional authorization will be required. 32 of 53
May 5, 2026, Item #7
Ms. Chelisa Pack
March 5, 2026
CONCEPTUAL SCHEDULE
A conceptual schedule is presented below associated with the preparation and processing of Task 8: Initial Study/Mitigated Negative Declaration. These timeframes are estimates based on previous experience and does not include delays resulting from City backlog, additional review cycles, or other unanticipated out of scope circumstances.
Task Approximate Duration
CEQA Initiation/Kickoff Meetinq 1 weeks from City Environmental Determination As applicable, drafting of the ISMND would begin after Kickoff; draft to Draft IS/MND be completed 4 weeks from approval of Biological Resources Reports and Cultural Survey
City Review of Draft IS/MND 8 weeks (assuminq two rounds of City review) Public Review Draft IS/MND 2 weeks from receipt of final City comments (includes production and filinq of notices three days prior to commencement of public review) Public Review 30 days
Draft Final IS/MND 2 weeks from the end of Public Review City Review of Draft Final IS/MND 4 weeks (assuminq two rounds of City review) Final IS/MND 1 week from receipt of final City comments Hearinqs TBD
COST SUMMARY
As summarized in the table below, the cost summary for Tasks 1-8 is $136,750. While we are providing a task-by-task budget breakdown for your convenience, the breakdown is for budgeting purposes only and RECON proposes to perform these services on a time-and-materials basis.
Task Cost
Task 1: Bioloqical Resources Survey and Reportinq $21,205 Task 2: Aquatic Resources Delineation and Reportinq $20,600 Task 3: Federal Emerqency Manaqement Aqency Letter $5,900 Task 4: Pre-Application Requlatorv Support $9,115
Task 5: Mitiqation and Restoration Planninq $9,040
Task 6: Aquatic Resources Permittinq (USACE, RWQCB, CDFW) $34,620 Task 7: Cultural Resources Survey and Report $10,460
Task 8: IS/MND $25,810
Tasks 1-8 Total $136,750
If you would like us to proceed with the work please provide the appropriate authorization to the attention of Gina Sisson, [email protected]. Thank you and please call me at (619) 308-9333 x144 if you have any questions.
Nick Larkin
Environmental Program Manager
33 of 53
May 5, 2026, Item #7
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
18 th
day
of
October,
2023,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
PROJECT
DESIGN
CONSULTANTS,
a
BOWMAN
COMPANY,
(hereinafter
referred
to
as
"Consultant").
RECITALS
WHEREAS,
City
desires
to
obtain
the
services
of
a
private
consultant
to
prepare
an
engineering
study
and
assessment
for
the
Community Park
Concrete
Ribbon
Drain
Assessment
Project
(Project); WHEREAS,
Consultant
is
a
civil
engineering
consultant
and
has
represented
that
Consultant
possesses
the
necessary
qualifications
to
provide
such
services;
and
WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Consultant
as
hereinafter
set
forth.
NOW,
THEREFORE,
IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONSULTANT
ON
THE
FOLLOWING
TERMS
AND
CONDITIONS:
1. Scope
of
Services.
Consultant
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof
.
2. Compensation
and
Reimbursement.
City
shall
compensate
and
reimburse
Consultant
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
3. Term
of
Agreement.
The
term
of
this
Agreement
shall
be
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof
.
4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.
Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Consultant.
During
said
60-
day
period
Consultant
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.
This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of
this
Agreement,
misrepresentation
by
Consultant
in
connection
with
the
formation
of
this
Agreem~nt
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
.
34 of
53 ATTACHMENT
B
May 5, 2026, Item #7
5. Confidential
Relationship.
City
may
from
time
to
time
communicate
to
Consultant
certain
information
to
enable
Consultant
to
effectively
perform
the
services
.
Consultant
shall
treat
all
such
information
as
confidential,
whether
or
not
so
identified
, and
shall
not
disclose
any
part
thereof
without
the
prior
written
consent
of
the
City
.
Consultant
shall
limit
the
use
and
circulation
of
such
information
, even
within
its
own
organization
, to
the
extent
necessary
to
perform
the
services.
The
foregoing
obligation
of
this
Paragraph
5,
however,
shall
not
apply
to
any
part
of
the
information
that
(i)
has
been
disclosed
in
publicly
available
sources
of
information;
(ii)
is,
through
no
fault
of
Consultant,
hereafter
disclosed
in
publicly
available
sources
of
information;
(iii)
is
now
in
the
possession
of
Consultant
without
any
obligation
of
confidentiality;
or
(iv)
has
been
or
is
hereafter
rightfully
disclosed
to
Consultant
by
a
third
party,
but
only
to
the
extent
that
the
use
or
disclosure
thereof
has
been
or
is
rightfully
authorized
by
that
third
party.
Consultant
shall
not
disclose
any
reports
, recommendations,
conclusions
or
other
results
of
the
services
or
the
existence
of
the
subject
matter
of
this
contract
without
the
prior
written
consent
of
the
City
.
In
its
performance
hereunder,
Consultant
shall
comply
with
all
legal
obligations
it
may
now
or
hereafter
have
respecting
the
information
or
other
property
of
any
other
person,
firm
or
corporation.
6. Office
Space
and
Clerical
Support.
Consultant
shall
provide
its
own
office
space
and
clerical
support
at
its
sole
cost
and
expense
.
7. Covenant
Against
Contingent
Fees.
Consultant
declares
that
it
has
not
employed
or
retained
any
company
or
person,
other
than
a
bona
fide
employee
working
for
Consultant,
to
solicit
or
secure
this
Agreement,
that
it
has
not
paid
or
agreed
to
pay
any
company
or
person,
other
than
a
bona
fide
employee,
any
fee,
commission,
percentage,
brokerage
fee,
gift
or
any
other
consideration,
contingent
upon
or
resulting
from
the
award
or
making
of
the
Agreement.
For
breach
of
violation
of
this
warranty,
City
shall
have
the
right
to
annul
this
Agreement
without
liability,
or,
at
its
sole
discretion
, to
deduct
from
the
Agreement
price
or
consideration,
or
otherwise
recover
the
full
amount
of such
fee,
commission,
percentage,
brokerage
fee,
gift
or
contingent
fee.
8. Ownership
of
Documents.
All
memoranda,
reports,
plans
,
specifications,
maps
and
other
documents
prepared
or
obtained
under
the
terms
of
this
Agreement
shall
be
the
property
of
City
and
shall
be
delivered
to
City
by
Consultant
upon
demand.
9. Conflict
of
Interest
and
Political
Reform
Act
Obligations.
During
the
term
of
this
Agreement
Consultant
shall
not
act
as
consultant
or
perform
services
of
any
kind
for
any
person
or
entity
whose
interests
conflict
in
any
way
with
those
of
the
City
of
Poway.
Consultant
shall
at
all
times
comply
with
the
terms
of
the
Political
Reform
Act
and
the
local
conflict
of
interest
code.
Consultant
shall
immediately
disqualify
itself
and
shall
not
use
its
official
position
to
influence
in
any
way
any
matter
coming
before
the
City
in
which
the
Consultant
has
a
financial
interest
as
defined
in
Government
Code
Section
87103
.
Consultant
represents
that
it
has
no
knowledge
of
any
financial
interests
which
would
require
it
to
disqualify
itself
from
any
matter
on
which
it might
perform
services
for
the
City
.
2 35
of
53 May 5, 2026, Item #7
"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. Author
ize
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
Ci
ty
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
Refo
rm
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
:
181 □ 10.
1. ConsultanUContractor
will
not
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above
.
No
disclosure
required
.
2. ConsultanUContractor
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
way
in
a
timely
manner
as
required
by
law
.
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
writ
ing
.
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
perta
ining
to
costs
incurred
and
shall
make
such
materials
available
at
its
office
at
all
reasonable
times
during
the
contract
period
and
for
three
3 36
of
53 May 5, 2026, Item #7
(3)
years
from
the
date
of
final
payment
under
this
Agreement
, for
inspection
by
City
and
cop
ies
thereof
shall
be
furnished
, if
requested
.
12. Independent
Contractor.
At
all
times
du
ring
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)
ot
her
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
lndemn
itees
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,
econom
ic
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
Ag
reement.
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
negl
igence. 4
37 of
53 May 5, 2026, Item #7
(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
desGribed
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.
16. Assumption
of
Risk.
Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Consultant:
(a)
Consultant
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Consultant
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Consultant's
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Consultant
or
its
employees
in
connection
with
Consultant's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services.
17. Consultant
Not
an
Agent.
Except
as
City
may
specify
in
writing,
Consultant
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.
Consultant
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.
18. Personnel. Consultant
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.
The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects
. City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Consultant
by
giving
oral
or
written
notice
to
Consultant
to
such
effect.
5 38
of
53 May 5, 2026, Item #7
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
S!JCh
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.
6 39
of
53 May 5, 2026, Item #7
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
unenforcec1bility
, be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect.
(Remainder
of
page
intentionally
left
blank)
7 40
of
53 May 5, 2026, Item #7
IN
WITNESS
WHEREOF,
the
parties
hereto
have
duly
executed
this
Agreement
on
the
date
first
above
written
.
CITY
OF
POWAY
• anager
ATTEST: APPROVED
AS
TO
FORM:
By
(Jt..
~
Alan
Fenstermacher
, City
Attorney
41 of
53 PROJECT
DESIGN
CONSULTANTS,
a
Bowman
Company
°"}o1•Jy"l:J<>fl!llyJ.!lM""'W1,1"\
Marina
Wurst
~:-?:o~
:~:.,
~.:::,~;;:;:;
.. ~
By
:
O•tt
202l
1002
17 :WO!l
,0'1Xl'
Marina
Wurst
, PE,
Principal
-In-Charge
8 May 5, 2026, Item #7
A.
"SPECIAL
PROVISIONS"
EXHIBIT
"A"
Scope
of
Services.
Consultant
agrees
to
perform
consulting
services
as
required
by
City,
which
shall
consist
of
the
eng
ineering
study
and
assessment
services
further
described
in
the
Scope
of
Services
submitted
with
the
proposals
dated
September
5,
2023,
which
is
included
in
this
document
as
Attachment
1,
and
incorporated
by
reference,
as
if
its
contents
were
fully
set
forth
herein
.
Consultant
shall
provide
the
necessary
qualified
personnel
to
perform
the
services
.
B.
Compensation
and
Reimbursement.
City
shall
pay
Consultant
a
fee
in
accordance
with
the
Fee
Proposals
submitted
with
the
proposals
dated
September
5,
2023,
which
are
included
in
th
is
document
as
Attachment
2. Total
fee
is
not
to
exceed
one
hundred
thirty-nine
thousand
six
hundred
sixty-five
dollars
($139,665)
. Consultant's
fee
shall
include
and
Consultant
shall
be
responsible
for
the
payment
of
all
federal,
state
, and
local
taxes
of
any
kind
which
are
attributable
to
the
compensation
received. In
addition
to
said
consulting
fee
,
Consultant
shall
be
reimbursed
for
all
reasonable
expenses,
including
lodging,
telephone
,
and
travel
(air,
auto,
rail)
necessarily
incurred
in
performance
of
the
services.
Consultant
shall
bill
City
for
such
expenses
as
incurred,
referencing
this
Agreement.
All
expenses
shall
be
itemized
and
supported
by
receipts
for
amounts
in
excess
of
Twenty-Five
Dollars
($25
.00)
.
Statements
for
reimbursement
of
expenses
shall
be
paid
within
ten
(10)
days
of
approval
by
City
.
All
air
travel
shall
be
billed
at
coach
or
special
fare
rates
.
Reimbursement
for
lodging
is
limited
to
travel
from
outside
of
San
Diego
County
. Consultant
shall
receive
prior
authorization
for
air
travel
and
lodging
expenses
. All
other
expenses
shall
be
reimbursed
in
accordance
with
City
's
cash
disbursement
policies
in
effect
at
the
time
incurred
.
C.
Term
of
Agreement.
This
Agreement
shall
commence
and
be
effective
as
of
October
18 ,
2023
("Effective
Date
"),
and
shall
automatically
terminate
upon
completion
of
the
Project,
as
determined
by
the
City
in
its
sole
discretion
, unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Ag
reement
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
fo
r 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
1 42
of
53 May 5, 2026, Item #7
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
comb
ined
single
limit.
(c)
Consu
ltant
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
Profess
ional
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,
off
icers,
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:
2 43
of
53 City
of
Poway
-
Development
Services
13325
Civic
Center
Drive
Poway
, CA
92064
Project
Design
Consultants
701
B
Street
, Suite
800
San
Diego
, CA
92101
May 5, 2026, Item #7
Attachment
1 Scope
of
Work
►
When
the
project
is
awarded
and
our
team
is
authorized
to
proceed,
we
will
provide
a detai
led
explanation
of
the
scope
of
services
for
this
project.
Identifying
goals
at
the
start
of
a
project
is a
necessa
ry co
mp
one
11t
to
the
project's
success
. We
wi
ll ma
int
ain
ope
n
a11d
fluid
co
mrnu11i
catio
11 throughout
the
length
of
the
project,
respecting
the
existing
site
conditions
of
Rattlesnake
Creek
and
the
population
current
ly
utilizing
the
space.
1. PROJECT
MANAGEMENT
The
PDC
I Bowman
team
will
prepare
a project
management
plan
that
supports
ongoing
team
and
agency
coordination,
open
lines
of
communication,
regularly
scheduled
meetings,
quality
control
/
assurance,
and
ongoing
tracking
of
key
project
issues
and
resolutions.
This
document
will
guide
external
and
internal
organization
and
distribution
of
critical
information.
It
will
outline
the
project
schedule,
budget,
contractual
relationships,
contact
information
for
City
and
team
m
embe
rs,
team
respo
nsibiliti
es,
proj
ec
t goa
ls a
nd
e;
pec
tati
ons,
flow
of
comm
unica
tion,
meeting
schedule,
public
outreach
schedule,
and
other
elements
critical
to
the
success
of
the
project.
This
schedu
le
will
be
subdivided
into
detailed
programs
for
individual
project
elements,
which
will
be
monitored
monthly
against
progress
.
... .
~
~~:~t··
Project
Coo
rdi
nation+
Administration
Coordination
. The
PDC
I Bow
m
an
team
w
ill
m
aintain
close
coo
rdina
tion
w
ith
City
staff
and
regu
latory
agencies
throughout
the
entire
project.
Marina
Wurst,
PE
will
serve
as
Principal-in
-Charg
e alon
gside
Se
ni
or Proj
ect
Manager,
Che
lisa
Pn
ck,
and
se
rv
e as
th
e
liaiso
11 betwee
11 City statf
and
th
e cons
ult
a11t
team
.
Communication
. Th
e PD
C
I Bow
man
team
w
ill
m
ain
ta
in
co
nsi
stent
commu
ni
cat
ion
w
ith
City
stil
ff
and
consultant
member
s to
review
project
concepts
and
keep
the
project
on
schedu
le and
within
budget.
Regular
communication
among
the
team,
stakeholders,
and
th
e City
will
be
facilitated
through
the
Project
Manager.
Project
Meetings.
The
PDC
I Bowman
team
w
ill
atte
nd
th
e "k
ick-off"
meet
ing
with
City
staff
subsequent
to
the
Notice
to
Proceed.
The
purpose
of
this
meeting
is
to
get
acquainted
wit
h
part
icipat
in9
Ci
ty
staff
, present
the
proje
ct,
clel
e9ate
respo
nsibilit
y,
and
outline
overa
ll goa
ls and
Bowman
I City
of
Poway
Community
Park
Drainage
I September
5,
2023
30 44
of
53 May 5, 2026, Item #7
des
ired
µro
ject
outco
m
es.
Thi
s w
ill
in
clu
de
refi
nin
g
th
e
µroject
sco
pe,
act
ion
ite
m
list,
and
sc
hed
ul
e
to
better
define
tasks,
es
tab
lish
key
m
iles
tones,
and
deve
lop
crea
tive
so
luti
ons to
m
ain
ta
in
th
e
projec
t
schedule
and
budget.
Th
e
PDC
I Bow
m
an
team
w
ill
wo
rk w
ith
th
e C
ity sta
ff
to
sc
hed
ul
e
ro
utin
e
meet
in
gs
th
at
di
sc
uss
th
e
statu
s of
va
rio
us wo
rk e
ffo
rts,
th
e
pro
jec
t sc
hed
ul
e,
and a
ny iss
ues
and
op
portuni
ties
that
arise
that
require
input
and
direction
. Following
these
meetings,
notes
or
action
items
will
be
documented
and
distributed
to
the
team.
To
minimize
cost
s, some
meetings
may
be
conducted
via
conference
call
or
on
line
Zoom
meetings.
2. PRELIMINARY
RESEARCH/INVESTIGATION
ASSESSMENT
Th
e
Co
nsu
lta
nt team
wi
ll co
nduct field
visits to
inspec
t the
ex
istin
g
co
nditi
ons of the chann
el and
Rattl
es
nake
Creek.
Thi
s invest
iga
tion
w
ill
re
fin
e
th
e
site's
op
portuniti
es
and
co
nstra
int
s fo
r th
e.channe
l
repair
and
.the
team
will
work
collaboratively
to
provide
concept
designs.
The
Consultant
team
. will
review
the
as-built
information
provided
from
the
City
of
Poway
RFP
and
will
coordinate
with
the
City
of
Poway
and
other
agencies
for
addition
al drawings
and
information
needed
including
existing
utility
infrastructure
.
A
flo
w
n a
er
ial im
age
ry an
d t
opog
raphy
will
be
pr
epar
ed
of th
e
pr
oject
ar
ea
for
ex
isting
co
nt
our
s and
elevations.
Partial
Boundary
Survey
: PDC
will
provide
surveying
services
to
prepare
a partial
land
survey
of
the
subj
ect p
rop
erty as defin
ed
by
NSPS.
PD
C w
ill
perform
a field
survey
of the s
ubj
ec
t pr
operty
using
the
legal
description
in
the
title
report
provided
by
the
Client
and
as
outlined
above.
The
survey
will
be
based
on
existing
found
property
monum
ents,
available
evidence,
research,
record
maps
and
deeds
and
w
ill
be
suf"fi
cie11l
to
pr
epare
fut
ure
proj
ec
t d
es
ign.
Thi
s w
ill
no
t b
e
a full
and compl
ete
bound
ary
survey
but
w
ill
be
suffi
cient
to
plot th
e
ex
istin
g p
rope
rty
lin
e,
ease
m
ent
s of re
cord
and
aerial
topography.
Aerial
Topographic
Mapping
and
Imagery:
PDC
will
prep
are
acquire
new
aerial
imagery
of
the
approximately
20-acre
park
site
and
will
prepare
aerial
topographic
mapping
that
will
meet
national
mapping
accuracies
for
a
l "=
40'
scale
with
a
1-foot
contour
interval.
The
mapping
limits
will
include
the
land
area
of
th
e project
site
and
at
least
SO
-feet
of
overlap
into
the
adjoining
properties
and
roads
. The
aerial
mapping
will
be
tied
to
the
appropriate
City
of
Poway
horizontal
and
vertical
datums
. In
additional,
PDC
will
prepare
a 0.25
' digital
color
ortho
of
the
same
area.
This
is
the
design
topography that
will
be
utilized
for
preliminary
engineering.
Encumbrance
Title
Review
: review
of
a current
City-provided
title
report.
Any
recorded
easement
encumbrances
contained
within
the
provided
preliminary
title
report
will
be
plotted
. The
survey
will
be
based
on
the
above-described
requirements,
a completion
date
of
approximately
5-6
weeks
,
after
written
authorization
to
proceed,
and
delivery
of
a
preliminary
title
report
with
referenced
documents.
Additional
topographic
and
surv
ey data
will
be
collected
to
support
preparation
of
existing
base
/
master
file.
This
base
file
task
wi
ll inc
lude
the
creat
ion
of
th
e e
lectro
ni
c AutoCAD
drawing
file
wh
ich
incorp
orates
the
ae
rial topography
i111d
su
rvey
da
ta.
The
bas
e
master
file
w
ill
also
include
ex
isting
utilit
y in
fo
rm
at
ion
ge
nerated
fro
m
the
ae
rial topog
raph
y,
fields
visits.
ex
isting
FEM
A
flo
odpl
ain
line
work
for
floodp
lains
and
flooclways,
and
ava
ilabl
e City reco
rd
res
ea
rch.
Thi
s base
file will
be used
to
creat
e
th
e
proposed
repair and
/or
restoration
concept
plans.
Bowman
I City
of
Poway
Community
Park
Drainage
I September
5,
2023
31 45
of
53 May 5, 2026, Item #7
I
. •'
~11
/
'·:-"'
.''.J··'·~.~-(
.. •• J
,
.
t~ .◄• , ..... ..
.
-.•
-"
A
RECON
bio
logist
w
ill
co
ndu
ct
a fie
ld
reco
nn
aissa
nce
site
visit to
gather
informat
ion
on
th
e
existing
condition
of
the
subject
reach
of
Rattlesnake
Creek
and
assess
the
potential
options
for
tlie
res
toration
effor
t.
Representative
ph
otog
raph
s w
ill
be
taken
of
the
eros
ional da
m
aged
areas
for
reference.
A
recent
aeria
l photograph
of
the
creek
reach
will
be
used
to
prepare
a preliminary
map
of
th
e creek
location,
damag
ed
areas,
and
existing
vegetation
communities.
This
information
will
be
used
in
the
preparation
of
the
project
base
maps.
RECON
will
gather
information
on
current
natural
and
m
an-made
techniques
for
the
restoration
and
stabilization
of
creek
beds
and
banks.
This
research
will
be
used
to
determine
the
best
options
available
to
me
et the
nee
ds
of
the
creek
restoration
project
chosen
.
Geocon's
team
will
review
published
geologic
reports,
in
-hou
se
geotechnical
reports,
published
geologic
map
s,
and
other
literature
pertaining
to
the
site
and
adjacent
areas
to
aid
in
evaluating
geologic
ha
zards
that
may
be
present.
Th
ey will
be
res
ponsibl
e for
sc
hedu
ling
an
Underground
Service
Alert
(dig
alert)
for
utility
location
. Geocon
will
perform
up
to
4 ex
ploratory
borings
to
depths
up
to
15 feet
below
existing
grade,
to
observe
site
soil
conditions
and
obtain
samp
les
for
laboratory
testing
using
a
limited
drill
rig.
They
wi
ll then
perform
laboratory
tests
on
selected
soil
sa
mples
to
evaluate
compaction
characteristic
s,
ex
pansion
inde
x, and
corrosivity
characteri
stics
of
the
prevailing
so
ils encountered.
De
liverable:
A
comprehensive
AutoCAD
bas
efil
e of ex
isting
conditions
and
a Tech
nica
l Me
m
orandum
of
Assessment
including
site
vi
sit
survey
notes,
evaluations,
photograph
s,
surveys,
and
other
appropriate
documentat
ion. Additiona
lly the
co
nsult
ant
w
ill
provide
an
elect
roni
c AutoC
AD
file of the
prop
erty
parcel
base
map
and
topography
information
.
3. CONCEPT
DESIGN
&
COST
ESTIMATES
PDC
I Bowman
wi
ll revi
ew
Ratt
lesnake
Ci
in
yo
n
Cree
k and
summari
ze
an
es
timat
e
of
flow
rat
es
for
different
return
period
stor
m
eve
nt
s using
pub
lished
FEMA
va
lues
to
assist
w
ith
the
co
nce
ptua
l
design
s of
the
creek
channel
repa
ir.
Chang
Consultants
w
ill
deve
lop
a
preliminary
HEC
-RAS
mod
el to
analyze
the
existing
channel
conditio
ns through
the
Community
Park.
This
preliminary
model
will
use
the
ex
isting
survey
elevation
s deve
loped
in
Scope
item
#2
and
the
hydrology
result
s to
help
determine
th
e channel
velocities
w
hich
may
have
contributed
to
erosion
of
the
existing
channel.
This
pr
eliminary
ana
lysis
will
help
inform
and
further
develop
which
design
alternative
s to
present
in
the
Final
Report
Assessment
.
Bowman
I City
of
Poway
Community
Park
Drainage\
September
5,
2023
32 46
of
53 May 5, 2026, Item #7
Thi
s o
verall co
nce
pt
design
pro
cess
w
ill
in
co
rpor
ate
the
findin
gs
of the site visit.
RECON
's eco
logical
and e
nvironm
ental
pe
rmit
findin
gs, PD
C
I Bo
wm
an's chann
el gradin
g
opti
ons
, a
nd
Chang
Con
sult
ants
'
preliminary
HEC
-RAS
analysis.
The
Consultant
team
wi
ll proceed
to
produce
up
to
two
(2)
conceptual
designs.
Conceptual
designs
for
potential
repair
and
/or
enhancement
will
target
a goal
to
provide
long
term
sediment
management
capabilities
and
prevent
erosion,
while
also
meeting
other
goals
for
im
prove
m
en
t of the
pa
rk
ar
ea. Th
e co
nce
ptu
al des
ign
m
ay
also
in
co
rpo
rate
wa
ter qu
ality
benefit
s and
restoration
of
creek.
The
design
alternatives
could
include,
but
not
be
limit
ed
to,
riprap,
reinforced
turf
mats,
gabion
lin
ed
channels,
and
/or
drop
struct
ures.
Th
e two
co
nce
pt des
ign
s wi
ll includ
e th
e
pr
opose
d
chann
el layout
and
floo
dplai
n
boundari
es,
channel
and
floo
dplain
cros
s-s
ecti
on
dim
ensions for
riffl
es
an
d
po
ols,
lon
gitudin
al profil
e,
and
vegetation
plan
. The
plan
wou
ld
also
include
proposed
stormwater
outfall
treatments
to
improve
water
quality
.
The
Consultant
team
wi
ll prepare
cost
estimates
fo
r each
proposed
concept
design
includin
g
quantities
and
unit
costs
based
on
current
Development
Services
Engineering
Division
Unit
Price
List
and
current
market
estimates
.
4. ANTICIPATED
ENVIRONMENTAL
CLEARANCE
&
PERMITS
RECON
will
provide
a description
of
the
scope
of
regulatory
approvals
and
permits
that
wil
l be
required
to
perform
th
e creek
restoration
work
for
each
concept
alternative.
Each
alternative
creek
restoration
concept
w
ill
be
reviewed
to
ensure
that
it
meets
the
condition
s necessary
to
comp
ly
with
the
applicab
le federa
l, state,
and
lo
ca
l laws,
regulations,
standards,
and
guidelines
for
work
in
potential
jurisdictional
waters.
5. PREPARATION
OF
DRAFT
&
FINAL
REPORT
ASSESSMENT
.
Our
draft
Creek
Assessment
and
proposal
of
conceptual
repairs
will
document
the
feasibility
study
evaluating
existing
channel
conditions,
and
consider
opt
ions
for
channel
restoration
within
the
constraints
of
th
e
waters
hed
and
surr
oun
ding
land
us
es, and
produce
a finill repo
rt of
find
in
gs
w
ith
conceptua
l design
options
. The
proposed
channel
repilir
and
/or
restoration
design
parameters
will
be
selected
based
on
existing
geomorp
hi
c conditions,
ref
erence
channels,
and
hydraulic
analysis
..
Geocon
w
ill
prepa
re a
geotechnical
report
in
accordance
with
the
2022
California
Bui
lding
Code
and
pr
esenting
their
find
ings,
co11c
lusio11s,
and
recomme
ndation
s regardi
ng
the geotec
hni
ca
l aspec
ts of
constructing
the
proposed
surface
drainage
improvem
ents
.
Bowman
I City
of
Poway
Community
Park
Drainage
I September
5,
2023
33 47
of
53 May 5, 2026, Item #7
Th
eir re
port
w
ill
includ
e a s
ummar
y of
the
pot
entia
l geo
log
ic hazards
th
at
mi
ght
affe
ct the
proje
ct
(fau
lti
ng
, liquefact
ion
, se
ism
ic s
hak
in
g,
lands
lides
), so
il/exc
Jvat
ion
characteristics,
and
preliminary
geotec
hni
ca
l re
co
mm
enda
tions for
the
des
ig
n
and
constr
uctio
n
of the
project
including
:
Excava
tion
and
So
il Characte
rist
ics;
Tempo
rary
Excavat
ion
Recommendation
s (if
app
licab
le)
;
Grad
in
g
Recommendations
;
Dewatering
Reco
mm
endati
ons (if app
licab
le);
Storm
Water
Ma
nag
em
ent
Recomm
endat
ions;
and
Hards
ca
pe
De
sign
Reco
mm
end
at
ions.
PDC
I Bowman
w
ill co
mpi
le t
he
in
fo
rma
tion
from
the
mu
lti
-discip
linary
team
into
a comprehensive
report
. Our
in
house
grap
hi
c rend
eri
ng
te;im
wi
ll visua
lly depict
up
to
two
(2)
specific,
m
eas
urab
le,
an
d
rea
list
ic outco
m
es
w
ith
in-d
ept
h
m
erit
s a
nd
demerits
, as
we
ll as
a co
ncise
exe
cutive
summary
giving
clear
expectat
ions
on
fea
sible options
.
De
liverable:
Draft and
Fina
l Report,
inc
lu
ding
Co
ncept
ua
l Cha
nn
el Retrofi
t Plan
Bowman
I City
of
Poway
Community
Park
Drainage
I September
5, 2023
34 48
of
53 May 5, 2026, Item #7
.i:,.
1.0 0 ....
U'1
w
~ PROJECT DESIGN
CONSULTANTS
~ Bow m a n comp a ny
Pla nn l11g L,11111dsCffP• Arc:hiuch.U ■ Engin•srln,;a Sur•ay CITY OF POWAY COMMUNITY PARK Senio,
CONCRETE RIBBON DRAIN Project
ASSESSMENT Manager
i;,1.v:o?J Land. Arch.
S215
TASK 1 -Pro eel Manaa1m1111
1.1 P1 o'oet Kick Off MaetiM 2.0
1.2 Oisciol ne Coordination 2.0
1.3 Pro 'eel Mano1noment
1.4 Citv Mootinos Auum<is 6 Meelina, 6.0
TASK 1 TOTAL 10
TASK 2 - Pralimin a ry ReHucMnv.sOg atlon & Assurnanl
2.1 Exislino utilities resea,ch (GIS)
2,2 ExislinQ utililie, ,esenrch
2,3 Record Rese:uc h
2., RECON-lnitial Biok>qic31 Research
2.5 Aerial ToPoQraphy {Dione)
2., Mapr;,ina
2,7 GEOCON Initial Gcotcchnical lnvestloation
2.1 Chanq Consuh.:mts Initial HEC-R.AS & Reoor1
2.9 Ch;,ng Consullanls Sedimen l Transport An 1tt)'sis' (Optional , see below\
2.10 Suoolomcml::11 Survev
2, 11 SileVlsit
2.12 Baserile Comoilation
TASK 2 TOTAL 0
TASK 3 - Conceol Ou ion & Cost Eslim atn
3.1 Concec:,t EnmneennQ - Two (2) Artem ative Desi ns
l.2 Concept Landscape. Two (2 AMetnative Oe,1ans • 3.3 RECON 3 .• GEOCON Design Consuhation
3.S J.T. Kreuet
TASK 3 rorAL •
TASK 4 -Antic ! at•d Environmental Clearanc e & Permits •. 1 RECON I
TASK 4 TOTAL I 0
TASK 5 - Pre par ati on ol Oran & Final Reoort An.ssm• nl
5.1 Oran Reoort Preoarat1an 8
5.2 Final Reoor1 Prooaration • TASKS TOTAL 12
, v,~'- c~ ,,_ ,cu ;;,;;,i;,~A~;;;;o•,i';~;;~;~~~s~I 30 Serior Landscape
Landscape Designer/
Architec\ Graph<s
S145 S135
0 0
2.0 2.0
'
0 12 16
12 16
I I
I 0 I 0
0 I 0 I
11 11
PERSONNEL HOURS· LABOR COSTS
Senior Asst Senior Pfanner Projec! Projecl Project Project RECON Graph<s Engineer Manager Manage< Manage< CiviEna WO Ena Survevor
$125 $115 ms $160 $215 $215
2.0 2.0 2 .0 2.0
2.0 •.o
1-4 .0 6.0 10.0
6.0 6.0 6.0 6.0
10 22 12 6 0 13
•.o
•.o
•.o 4.0
25.0 3.0
10.0 3.0 •.o ,.o
• 2.0 3.0
11 0 • 20 13 2S
10 20 100
•o
10 •o 10 20 100 0 10
2S
0 0 0 0 0 2S
32 I 20 30
12 I 12 I 20
,. I 32 I so 0 0 0
105 H 81 121 11 71
Senior Adminl
Survey,t!ap 2-Man survey ciericalltech TOTAL
HOURS Technician crew ec>t
• $145 $250 S90
10 3
30 30
0 0 0 78
6 • 8
2S
62.0 70
28.0 33
0 0
0 8.0 8
13 10
90 3 0 132
130
76 10
0 0
0 0 0 216
I 2S
0 0 0 2S
I I I 90
I I I •• I 0 I 0 0 I 133
to I 0 llt
TOTAL
LABOR
COST
($)
I S1.910 I
Sl.00 I
$6,120
SS,730
$15 110
S790
SS-40
SI.I.CO
S5.l7S
510 ,710
S6 210
so
so
so
S2,000
S2,045
S1 ,650
S30 HO
s21.eso
$10 ,620
52.150
so
so
$34 620
SS 37S I
S5 3751
I 515 .570
I S8.64O
I 52< 210 I
S1ot,M5
OTHER
DIRECT
COSTS
($)
so
S6.54S
517,600
S24 U5
S2 03S
S3.540
$5,575
I
so I
SO I
$21,720
TOTAL
COST
(S)
S15180
SS< 705
$40,195
$5375
$1' ,210
S131,115
)>
6f n :::r
3 CD
::s
-N
May 5, 2026, Item #7
EXHIBIT
"B"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6, 2018
Ballot
Measures.
Deeri11g's
California
Codes
A1111otated
>
GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous>
Chapter
21 Public
Pe11sio11
and
Retireme11t
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
inter
ruption
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)
50 of
53 (l)Notwithstanding
subdivision
(c)
, any
retired
person
shall
not
be
eligible
to
serve
or
be
employed
by
a
pub
I ic
employer
if, during
the
12-month
period
prior
to
an
appointment
described
in
this
section
, the
retired
person
received
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
May 5, 2026, Item #7
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
th
e
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:
51 of
53 (l)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
till
a critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph
, for
state
employees
, the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources.
The
department
may
establish
a process
to
delegate
appointing
authority
to
individual
state
agencies
, but
shall
audit
the
process
to
determine
if
abuses
of
the
system
occur.
If
necessary
, the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees
, the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(C)For
employees
of
the
California
State
University
,
the
Trustees
of
the
California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting
. The
appointment
may
not
be
placed
on
a consent
calendar.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
I,
2013
,
or
has
been
included
in
subsequent
agreements
.
2 May 5, 2026, Item #7
----··-·--
-
-
--
--
---
--
-
---
-
-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
o(the
Education
Code.
(i)This
section
shall
not
apply
to
(I)
a subordinate
judicial
officer
whose
position
, upon
retirement
, is
conve1ted
to
a judgeship
pursuant
to
Section
69615
, and
he
or
she
returns
to
work
in
the
converted
position
, and
the
employer
is
a trial
cou1t
, or
(2)
a retiree
of
the
Judges'
Retirement
System
or
the
Judges'
Retirement
System
II
who
is
assigned
to
serve
in
a
court
pursuant
to
Section
68543.5.
History Added
Stats
2012
ch
296
,,
15 (AB
3./0).
effective
January
I, 2013.
Amended
Stats
2013
ch
528
§
11 (SB
13)
, effective
October
4, 2013
(ch
528
prevails)
; ch
76 §
75 (AB
383)
, effective
January
I, 2013;
Stats
2014
ch
238
,, 1
(AB
2476),
effective
January
I, 2015.
Annotations Notes
Amendments: Note--
Amendments: 2013
Amendment:
Substituted
(I)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(I)
and
(t)(2)
; (2)
"or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(f)(
4);
and
(3)
"Judges'
Retirement
System"
for
"Judges'
Retirement
System
I"
in
subd
(i).
3 52
of
53 May 5, 2026, Item #7
RATTLESNAKE CREEK
CONCEPT DESIGN OPTION 3 - NATURALIZED CHANNEL &
DROP STRUCTURES
c"
Option 3 Exhibit
/
• /' "
/ _,/
/ (>
- - ---- \ c; " ,,, / ~ o
y 0tJ
EX/5nNG CONDlnONS • 0
1"=40'
Reduces erosive velocities
with riprap-lined drop
structures
Allows for paals/law lying
areas far wetland vegetation
ta establish
~ / ~ ~ ,/4
4 /
~ NatlY,frPihwat
,/ i trnm autlna:~ :::::: :~ .. ~::ot.and
✓ .,,-
Examples:
~: .- / ,
-
c\>
G Ci /~
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',~ /~~ '·""'"'"'· •.;?'iA,..,. ~ / ~ N-,il . 1radln&and~ructurHper yrr.
/' / ·~•ibbo, ~ •• , , u
✓ repLlcil'lrdJ° _t1:r(wilhcobbi.sJ
1uttu N10r1te<lu istinr
Materials used·
Boulders & rack
Grasses & shru:S
Trees
Concrete
Reduced channel
maintenance due to lower
erosive velocities
Racks/ boulders can match
surrounding landscape
;:_-,,--=-~,;-· - lntu mittant ;11ndn, turallookin1bou ~ .11ndcob~ Drop structures ta blend into
landscape aesthetic
Potential ta regrade channel
slopes next to play area
'-------- ~--·~· ' H,,.,.,,,, 11/dropstrudurr
'·
~
A drop structure, also known as a grade contra/,
sill, or weir, is a manmade structure, typically
small and built on minor streams, to pass water
ta a lower elevation while contra/ling the energy
and velocity af the water as it passes aver.
Strum N!cnhe-dw ith
bouldento ruldewu, r
Tr, peioldllconcr'1 t chlnn~with
n.atur,lbouldento1u ldt!' w1tff llow
(nuis1ncew11,r)
GRADING OF CHANNEL
CONCRETE OR COBBLE
LINED CHANNEL
(SIZE PER
H'i'DROLOGY EXPERTI
May 5, 2026, Item #8
~)', AGENDA REPORT CityofPovvay
\.\· / I
~~ CITY COUNCIL
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
May 5, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Servicescy
Sara Trunzo, Senior Civil Engineer
858-668-4622 or [email protected]
Appeal 26-0001-An Appeal of the Denial of Boundary Adjustment Application 25-0002, Located South of Ahwahnee Way and North of Cree Drive (APNs 317-611-01 and 314- 440-38)
Boundary Adjustment (BA) 25-0002 was a request from the applicant, Jonathan Volfson, to modify the shared property boundary between two adjoining parcels located on the east side of Starridge Park in the Rural Residential-A (RR-A) zone (Attachment A). The action of a boundary adjustment was Mr.
Volfson's first step to facilitate future subdivision and development on the two vacant parcels. The City Engineer denied the application on January 7, 2026, citing inconsistencies with the General Plan and Poway Municipal Code (PM() related to parcel shape, minimum dimensions, depth-to-width ratio, and potential impairment of access (Attachment B). The applicant filed an appeal on January 15, 2026, stating the proposed adjustment is consistent with broader General Plan policies, housing goals, and environmental objectives, and asserting the cited standards do not apply to existing legal parcels (Attachment C). The appeal also asserts the adjustment would enable future subdivision, improve fire safety access, and preserve open space through proposed easements.
Recommended Action:
It is recommended the City Council deny the appeal, upholding the denial of BA 25-0002, pursuant to the attached Resolution (Attachment D). Should the City Council instead decide to grant the appeal, in whole or in part, staff will return at a future date with a new resolution with revised findings in accordance with the City Council's decision.
Discussion:
Project Description
BA 25-0002 requested to modify the shared property line between two adjoining vacant parcels.
Parcel A, identified as APN 317-611-01 (approximately 7.3 acres), and Parcel B, identified as APN 314- 440-38 (approximately 10.1 acres), are located on the east side of Starridge Park in the Rural 1 of 27
May 5, 2026, Item #8
Residential-A (RR-A) zone (Project). The boundary adjustment process, governed by the California Subdivision Map Act and the PMC Title 16, Chapter 16.14, allows reconfiguration of parcel boundaries between 4 or fewer existing adjoining parcels without creating new parcels.
The parcels are located in the RR-A zone which requires minimum parcel sizes of 4 acres per lot when the average slope of the parcels to be subdivided is less than 15%, and 8 acres per lot when the average slope is between 15% and 25%. The average slope of Parcel A is 16.5% and the average combined slope of Parcels A and Bis estimated to be 25%. Based on the combined slope of the parcels, the minimum required lot size is 8 acres. With a combined size of 18.4 acres, two parcels is the maximum number of parcels allowed per the PMC.
The boundary adjustment proposed a reduction in the size of Parcel A to 8.2 acres and an increase in the size of Parcel B to 9.29 acres. The proposed adjustment sought to consolidate steep slopes onto Parcel B and reconfigure the northern parcel (Parcel A) for a potential future subdivision while maintaining legal access from Ahwahnee Way and Cree Drive, both improved public roadways. The applicant states the adjustment is intended to facilitate a future subdivision, align ownership boundaries, improve access for fire management zone maintenance and establish open space easements for riparian habitat. The proposed configuration would result in changes to parcel width, depth, shape and ratio.
Denial of Application
On January 7, 2026, the City Engineer denied BA 25-0002. The denial was based on findings that the proposed adjustment does not comply with applicable provisions of the PMC, the General Plan, and the Subdivision Map Act (Government Code Section 66412(d)), which require parcels resulting from a boundary adjustment conform to the local general plan, any applicable specific plan, and zoning and building ordinances. Specifically, the proposed boundary adjustment was found to be inconsistent with Goal 1, Policy B.5 of the Community Development Element of the General Plan, which states that parcel sizes and shapes should follow a rectangular pattern with a parcel depth-to-width ratio between 2:1 and 3:1. The proposal would create irregularly shaped parcels by transferring an area of slopes from the northeastern portion of the northern parcel (Parcel A) to the southern parcel (Parcel B) and introducing an irregular parcel line between the two properties.
In addition, the proposed adjustment does not meet the minimum parcel width and depth standards established in PMC Section 17.08.160, which require a minimum parcel width of 110 feet and a minimum parcel depth of 150 feet. The proposed configuration includes areas where the parcel width is reduced to approximately 80 feet or less.
The proposed adjustment also exceeds the maximum depth-to-width ratio allowed under PMC Section 17.08.170(A), which states the ratio of parcel depth to parcel width shall not exceed 3:1. Parcels exceeding this ratio are considered unusually shaped and may only be allowed within certain residential zones where the City Council finds that such configurations are necessary to preserve unique topographic or environmental features. No such findings were made in this case.
Finally, the City Engineer determined the proposed adjustment would impair access to portions of the property, contrary to PMC Section 16.14.01 O(C), which prohibits boundary adjustments impair existing access or create a need for new access. The proposed configuration would create a constrained access point between the southerly and northerly portions of the southeastern parcel, limiting movement 2 of 27
May 5, 2026, Item #8
within the property.
Appeal Filing
On January 15, 2026, the City received a letter of appeal from the applicant. The applicant is appealing the City Engineer's denial of BA25-0002 on the basis the findings and determinations made in the denial letter are incorrect, as outlined in the summary section of this report. On March 17, 2026, the applicant requested a two-week delay of the appeal hearing, which resulted in May 5, 2026, as the next available City Council hearing date. The following is a summary of the applicant's appeal and staffs evaluation:
1) The Boundary Adjustment Does Not Comply with General Plan Parcel Shape and Depth to Width Ratio Requirements
The applicant cites Goal 1, Policy B.5 of the Community Development Element of the General Plan, which states parcel sizes and shapes should follow a rectangular pattern with a parcel depth-to-width ratio between 2:1 and 3:1. The applicant argues the subject parcels are existing legal parcels that do not currently conform to this guideline and the proposed adjustment is intended to reconfigure two existing nonconforming parcels, not create new parcels. The applicant also notes the General Plan language uses "should," not "shall," and cites Goal 1, Policy B.3, which encourages variety in parcel design and orientation. The applicant asserts the adjustment does not conflict with these policies and would facilitate future subdivision of one parcel into two legal parcels, supporting housing goals.
City Staff Evaluation:
Staff maintains Goal 1, Policy B.5 establishes an important design principle for parcel configuration to ensure orderly development. The parcels, as they are currently configured, are roughly rectangular.
The proposed boundary adjustment results in parcels that exceed the allowable depth-to-width ratio and are not roughly rectangular. Government Code 66412 (d) requires parcels resulting from a lot line adjustment conform to the General Plan and zoning code. The proposal conflicts with multiple General Plan policies and zoning code standards that are both required and recommended.
Therefore, staffs denial of the boundary adjustment conforms with state and local regulations. 2) The Boundary Adjustment Does Not Comply with Minimum Parcel Width and Depth Standards
The applicant contends that minimum lot width and depth standards established in the PMC apply only to new subdivision parcels to ensure there is adequate space for building pads and required setbacks. Both parcels substantially exceed minimum overall dimensions (approximately 500 feet by 650 feet). The applicant acknowledges the adjustment creates a narrow portion of one parcel but states this area is undevelopable due to slope and does not affect building pad placement or setbacks.
The applicant also emphasizes the adjustment would improve access for fire management zone maintenance and align ownership boundaries with the adjacent Heritage Hills subdivision parcels to the east.
City Staff Evaluation:
Per state law, PMC Section 17.08.160 applies to parcels modified by boundary adjustment, to maintain minimum standards for parcel usability. The proposed adjustment creates narrow areas along steep slopes with widths of approximately 80 feet, which do not meet the required 110-foot minimum. This noncompliance is a basis for denial. Additionally, the proposed boundary adjustment does not result in an operational benefit for fire management zones and would hinder maintenance as the northerly 3 of 27
May 5, 2026, Item #8
portion
of
Parcel
B
is
only
accessible
through
slopes
greater
than
45%
. The
slope
and
existing
habitat
are
more
appropriately
retained
within
the
northern
parcel
where
they
can
be
accessed
from
the
flat
pad
area
for
maintenance
purposes.
For
these
reasons,
the
adjustment
does
not
comply
with
the
design
standard
established
in
the
zoning
code.
3)
The
Boundary
Adjustment
Creates
Unusually
Shaped
Parcels
The
applicant
references
PMC
Section
17.08 .170(A},
which
states
unusually
shaped
parcels
may
only
be
allowed
within
certain
zones
and
only
where
the
City
Council
finds
they
are
necessary
to
preserve
unique topographic
or
environmental
features
. The
applicant
argues
this
standard
applies
to
new
subdivisions
or
parcel
maps,
not
boundary
adjustments
between
existing
legal
parcels.
The
applicant
states
the
adjustment
consolidates
steep
slopes
onto
one
parcel,
supporting
long-term
management
of
topographic
constraints.
The
applicant
also
proposes
an
open
space
easement
to
preserve
riparian
habitat,
further
advancing
environmental
goals.
City
Staff
Evaluation:
PMC
Section
17.08 .170(A)
and
related
provisions
require
the
ratio
of
the
depth
of
a parcel
to
the
width
of
a parcel
shall
not
exceed
a maximum
ratio
of
3:1.
lfthe
ratio
is
exceeded,
the
parcel
shall
be
deemed
an
unusually
shaped
parcel.
Unusually
shaped
parcels
may
only
be
allowed
within
the
RR-A
through
Rural
Residential
C (RR-C)
and
Residential
Single
Family-1
(RS-1)
zones
and
only
where
the
City
Council,
in
its
discretion,
finds
unusually
shaped
parcels
are
necessary
to
preserve
unique
topographic
or
environmental
features.
As
currently
configured,
the
parcels
are
not
considered
unusually
shaped
as
each
parcel's
depth-to-width
ratio
is
less
than
3:1.
The
proposed
incorporation
of
the
slopes
along
the
eastern
property
line
into
Parcel
B
creates
a
parcel
that
exceeds
the
allowable
parcel
depth-to-width
ratio.
The
proposed
adjustment
would
introduce
an
irregularly
shaped
parcel
without
serving
to
preserve
unique
topography
or
environmental
features.
The
long,
narrow
portion
of
this
parcel
will
create
difficulty
for
access
and
vegetation
maintenance
and
burdens
a
single
property
owner
with
substantial
wildfire
defensible
space
clearing
for
the
adjacent
homes
along
the
eastern
and
southern
perimeter
of
the
site.
4)
The
Boundary
Adjustment
Impairs
Access
The
applicant
cites
PMC
Section
16.14.01 0(C),
which
prohibits
boundary
adjustments
that
impair
existing
access
or
create
a
need
for
new
access.
The
applicant
asserts
both
parcels
have
legal
access
from
existing
public
roads
(Ahwahnee
Way
and
Cree
Drive)
and
the
identified
constrained
area
is
approximately
54 feet
wide,
sufficient
for
access
and
potential
agricultural
use.
The
applicant
argues
the
adjustment
does
not
create
a
meaningful
limitation
on
access.
City
Staff
Evaluation:
The
proposed
adjustment
would
impair
access
to
the
eastern
portion
of
the
property
by
creating
a
constrained
access
point
between
portions
of
the
parcel,
contrary
to
PMC
Section
16.14.01 0(C).
The
area
connecting
the
northeastern
slopes
to
the
southern
parcel
contains
slopes
covered
with
native
vegetation
that
is
a
barrier
to
gaining
access
to
the
area.
The
existing
parcel
configuration
complies
with
the
code
requirement
whereas
the
parcel
configuration
proposed
does
not.
5)
Additional
Considerations
The
applicant
notes
the
adjustment
would
allow
for
modest
expansion
of
a
planned
single-family
home
and
facilitate
the
future
subdivision
of
one
parcel
into
two
legal
parcels,
contributing
to
housing
opportunities.
The
applicant
also
cites
benefits
such
as
creation
of
an
additional
taxable
parcel,
4 of
27 May 5, 2026, Item #8
integration of a trail connection to Starridge Park, and preservation of riparian habitat through proposed easements.
City Staff Evaluation:
The proposed boundary adjustment must independently meet the General Plan and zoning code requirements for approval. Staff has suggested the property owner work with his neighbors to consider if they might be open to boundary adjustments that address property encroachments while forming parcel lines that comply with the zoning code.
Community Outreach and Response
The applicant sent out a letter (Attachment E) and organized a neighborhood meeting on April 9, 2026 to introduce the proposed development, answer questions, and listen to any concerns, with the goal of building community support for the proposal. Following this outreach, the City received several responses from neighboring property owners (Attachment F).
Environmental Review:
A request for City Council appeal of an administrative decision itself is not a project as defined under the California Environmental Quality Act (CEQA), and CEQA does not apply to projects which a public agency rejects or disapproves pursuant to Section 15270 of the CEQA Guidelines. Should the City Council grant the appeal the project can be found to be exempt from CEQA pursuant to Section 15061 (b)(3) of the CEQA Guidelines. The activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The adjustment of the parcel line will not in itself create a physical impact on the environment.
Fiscal Impact:
None.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on April 23, 2026, and mailed to property owners within 500 feet of the Project site and to anyone who expressed interest in the Project. Notice was also posted on the City's website and on the property.
Attachments:
A Existing Feature Map
B. BA 25-0002 Denial Letter dated January 7, 2026
C. Appeal Letter dated January 15, 2026
D. Resolution
E. Jonathan's Letter to Residents within 500 feet of Boundary Adjustment F. Emails Received by City Staff RE: Appeal
5 of 27
May 5, 2026, Item #8
Tracy
St
ens
Assistant
City
Manager
6 of
27 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Chris
Hazeltine
City
Manager
May 5, 2026, Item #8
b
0 N
II
• ,....
EXISTING FEATURE MAP
BOUNDARY ADJUSTMENT -APN 314-440-38 & 317-611-01
~stJ~
-FE ., -lY
Hi
NCING,;
PICAL
• ' EX. 8" SEWER
MAIN AND 8"
WATER MAIN y '-./
\ PL
\
X:\W02502AHWAHNEEWAYGP\BAEXHIBITS\BA PLAT.DWG
7 of 27 ATTACHMENT A
May 5, 2026, Item #8
STEVE
\/AUS,
Mayor
CITY
OF
POWAY
JENNY
MAEDA,
Deputy
Mayor
PETER
DE
HOFF,
Councilmcmbcr
CHRISTOPI
-IERJ
. PIKUS,
Councilmcmbcr
SENT
VIA
EMAIL
January
7,
2026
Bill
Yen
Bill
Yen
&
Associates,
Inc
13071
Poway
Rd
Poway,
CA
92064
RE:
Ahwahnee
Way
Boundary Adjustment
No
. BA25-0002
. APN
317-611-01-00
and
314-440-38-00
.
Dear
Mr.
Yen,
This
letter
is
to
notify
you
that
the
application
for
Boundary
Adjustment
No
. 24-0001
has
been
denied
. Staff
mailed
property
owners
within
500
feet
of
the
proposed
adjustment
to
inform
them
in
accordance
with
Section
16.14 .050A
of
the
Poway
Municipal
Code.
Comments
were
received,
however,
none
that
would
disqualify
the
boundary
adjustment
application
from
proceeding.
The
Boundary
Adjustment
No.
BA
24-
0001
is
denied,
due
to
the
following:
Pursuant
to
Government
Code
Section
66412(d)
the
parcels
resulting
from
a
boundary
adjustment
shall
conform
to
the
local
general
plan,
any
applicable
specific
plan,
and
zoning
and
building
ordinances.
The
proposed
boundary
adjustment
does
not
comply
with
Goal
1. Policy
B. 5.
Subdivision
Design
of
the
Community
Development
Element
of
the
General
Plan
which
states
that
lot
sizes
and
shapes
should
follow
a
rectangular
pattern
with
a
lot
depth
to
lot
width
ratios
between
2:1
and
3:1.
The
proposal
would
change
·
the
lots
to
an
irregular
shape
by
placing
an
area
of
slopes
in
the
northeastern
area
of
the
northern
parcel
(Assessor
Parcel
Number
314-440-38)
in
the
southern
parcel
(Assessor
Parcel
Number
317-611-01)
in
addition
to
creating
an
irregular
parcel
line
as
the
boundary
between
the
two
parcels
.
Section
17.08.160
Property
Development
Standards
states
the
minimum
lot
width
and
lot
depth
are
11 0'
and
150'
respectively
.
The
proposed
boundary
adjustment
doesn't
meet
the
minimum
lot
dimensions
as
it
shows
a
lot
width
of
80-feet
or
less
in
some
areas
.
The
proposed
Boundary
adjustment
creates
a
lot
that
exceeds
the
maximum
depth
to
width
ratio.
Per
Section
17 .08.170
(A)
Minimum
Lot
Sizes
and
Dimensions
of
the
residential
zoning
code
states:
4. The
ratio
of
the
depth
of
a
lot
to
the
width
of
a
lot
shall
not
exceed
a
maximum
ratio
of
3: 1. If
that
ratio
is
exceeded,
the
lot
shall
be
deemed
an
unusually
shaped
lot.
Unusually
shaped
lots
may
only
be
allowed
within
the
RR-A
through
RR-C
and
RS-1
zones
and
only
where
the
City
Council,
in
its
discretion,
finds
that
unusually
shaped
lots
are
necessary
to
ensure
the
preservation
of
unique
topographic
features,
riparian
woodland
areas
and
other
areas
of
significant
community
importance
as
open
space.
This
development
standard
shall
apply
to
all
lots
proposed
to
be
created
by
the
subdivision
or
parcel
map
process.
8 of27
City
Hall
Located
at
13325
Civic
Center
Drive
Mailing
Address
:
P.O.
Box
789,
Poway,
California
92074-0789
,vww
. poway.org
ATTACHMENT
B
May 5, 2026, Item #8
Bill
Yen
Boundary
Adjustment
No
. BA25-0002
January
7,
2026
Page
2 Under
the
boundary
adjustment
findings,
the
City
Engineer
determines
the
proposed
boundary
adjustment
will
not
comply
with
Section
16 .14.01
0(C)
which
states:
C.
Impair
any
existing
access
or
create
a
need
for
new
access
to
any
adjacent
lots
or
parcels
.
The
proposed
boundary
adjustment
will
impair
access
to
the
eastern
portion
of
the
property
due
to
the
constrained
access
point
created between
the
southerly
portion
and
northerly
portion
of
the
proposed
south-easterly
lot.
Should
you
have
any
questions
, please
contact
me
by
email
at
[email protected]
by
phone
at
(858)
668-4623
.
Sincerely, DEVELOPMENT SERVICES
DEPARTMENT
Tracy
Beach,
PE
City
Engineer
C:
Andrea
Palacios,
P.E.,
Associate
Engineer
Shahram
Fozoonmehr
, Owner
Jonathan
Volfson,
Applicant
9 of
27 May 5, 2026, Item #8
January 15, 2026
Ms. Carrie Gallagher, City Clerk
City of Poway
13325 Civic Center Drive
Poway, CA 92064
[email protected]
Subject: Appeal of Boundary Adjustment BA25-0002 Denial On January 7, 2026, Tracy Beach, City Engineer, issued a letter denying my proposed boundary adjustment, BA25-0002. The application requested a modification to the shared property boundary between two adjoining parcels identified as APNs 314-440-38 (approximately 10.8 acres) and 317-611- 01 (approximately 7.3 acres). Both parcels are vacant, zoned Rural Residential-A (RR-A), and located on the east side of Starridge Park.
The denial was based on perceived inconsistencies with several provisions of the General Plan and Poway Municipal Code. I have responded to each code section cited:
City Comment:
The boundary adjustment does not comply with Goal 1. Policy B. 5. Subdivision Design of the Community Development Element of the General Plan, which states that lot sizes and shapes should follow a rectangular pattern with a lot depth to lot width ratios between 2:1 and. 3:1.
Rebuttal:
The subject parcels are believed to be remnant lots associated with the 1989 Heritage Hilltop subdivision. These parcels were not developed at the time due to steep topography and ridgeline constraints that were either cost-prohibitive and/or inconsistent with the subdivision's ridgeline theme. The southern lot is rectangular in shape, while the northern lot is square; neither conforms to the City's 2:1 to 3:1 ratio guideline. The proposed boundary adjustment is not intended to create new conforming lots, but rather to reconfigure the shapes of two existing nonconforming parcels. The noted General Plan citation also provides flexibility in stating lot sizes (should), not shall, follow rectangular patterns. Additionally, Goal 1. Policy B. 3. states: Lot size and spacing should encourage a variety in design, orientation, and placement of structures, thus providing added options to parcel configuration.
The proposed boundary adjustment does not conflict with these policies.
The primary purpose of the adjustment is to facilitate the future subdivision of the northern parcel into two legal, conforming lots. This would allow for the potential construction of two single-family residences, and possibly an accessory dwelling unit (ADU), thereby contributing additional housing opportunities consistent with the City's housing goals.
City Comment:
Section 17.08.160 Property Development Standards states the minimum lot width and lot depth are 110 feet and 150 feet, respectively. The proposed boundary adjustment doesn't meet the minimum lot dimensions, as it shows a lot width of 80 feet or less in some areas.
Rebuttal:
10 of 27 ATTACHMENT C
May 5, 2026, Item #8
The minimum lot width and depth standards are generally intended to apply to the creation of new subdivision lots to ensure general uniformity of the subdivision, and there is adequate space for building pads and required setbacks. In this case, both parcels are existing legal lots with overall dimensions of approximately 500 feet by 650 feet, substantially exceeding the minimum lot width and length standards.
While the proposed adjustment creates a narrow "offshoot" portion of the southern parcel with a reduced width, this area is removed from the primary developable portions of the site, does not affect the ability to place properly-sized building pads and setbacks, and will not be developed because of the slope. The central building area for the northern parcel remains approximately 500 feet by 600 feet (4.5 acres), and the southern at 450 feet by 650 feet (6. 7 acres), providing sufficient area to accommodate future single-family homes. Additionally, the adjustment aligns ownership boundaries to a single parcel with the adjacent Heritage Hillside subdivision parcels to the east. This will assist in providing access rights and vehicle circulation to conduct annual maintenance of the City-required 100- foot fire management zone buffers on our property, which protect the Heritage Hillside homes above.
City Comment:
Unusually shaped lots may only be allowed within the RR-A through RR-C and RS-1 zones and only where the City Council, in its discretion, finds that unusually shaped lots are necessary to ensure the preservation of unique topographic features, riparian woodland areas, and other areas of significant community importance as open space. This development standard shall apply to all lots proposed to be created by the subdivision or parcel map process.
Rebuttal:
Per the code section, the subject lots already exist as legal lots and are not part of any new subdivision or parcel map process. This proposal seeks only to modify the boundary between two existing lots. The adjustment consolidates the adjoining topographic steep slopes on one lot onto the other, which supports long-term management of topographic constraints and furthering the maintenance of the aforenoted required fire management zones. In addition, the applicant proposes to establish an open space easement to preserve a riparian area located on the site, further advancing the City's environmental and open space goals.
City Comment:
Under the boundary adjustment findings, the City engineer determines the proposed boundary adjustment will not comply with Section 16.14.0lO(C), which states: C. Impair any existing access or create a need for new access to any adjacent lots or parcels.
The proposed boundary adjustment will impair access to the eastern portion of the property due to the constrained access point created between the southerly portion and the northerly portion of the proposed south-easterly lot.
Rebuttal:
The northern parcel has legal access from Ahwahnee Way, and the southern parcel has legal access from Cree Drive. Both are 36-foot-wide improved asphalt roadways and will continue to serve as the primary access points/driveway entrances for any future single-family development on these lots. 2 11 of 27
May 5, 2026, Item #8
Under
the
proposed
boundary
adjustment,
the
City
asserts
that
an
approximately
54-foot-wide
"constrained
access
point"
would
inhibit
movement
between
portions
of
the
parcel.
However,
the
existing
width
of
the
Ahwahnee
Way
roadway
could
easily
fit
within
th
is
access
point
with
room
to
spare.
The
primary
developable
area
of
the
parcel
remains
centrally
located.
The
northern
extension
of
the
southern
parcel
consists
of
steep
slopes
and
is
not
anticipated
to
be
developed.
Accordingly,
the
identified constrained
area
remains
sufficiently
wide
to
allow
access
and
potential
agricultural
or
other
uses,
and
therefore
does
not
create
a
meaningful
inter-parcel
limitation.
As
such,
the
City's
concern
regarding
constrained
access
is
not
a valid
issue
or
concern.
Additional
Note/Request
For
Consideration:
Both
parcels
are
owned
by
our
families.
Our
original
intent
was
for
my
father-in-law
to
construct
a
single-family
residence
on
the
northern
parcel,
while
my
family
would
build
an
adjoining
ADU.
Under
current
City
regulations,
an
ADU
is
limited
to
1,500
square
feet.
With
our
third
child
on
the
way,
there
is
a
need
for
a
slightly
larger
home.
To
address
this,
we
proposed a
boundary
adjustment
between
the
two
parcels
that
would
reduce
slope
constraints
on
the
northern
parcel
and
allow
it
to
be
subdivided
into
two
legal
lots.
This
would
enable
a
modest
expansion
of
the
existing
plans
(just
5 feet
South
and
East)
and
the
construction
of
a
single
family
home
suitable
for
our
growing
family.
The
denial
of
the
boundary
adjustment
has
been
discouraging,
as
it
prevents
us
from
pursuing
this
minor
housing
adjustment.
I respectfully
request
reconsideration
of
the
boundary
adjustment
in
light
of
the
existing
legal
status
of
the
parcels,
the
limited
scope
of
the
proposed
boundary
modification,
and
its
consistency
with
the
broader
General
Plan
policies,
the
Poway
Municipal
Code,
and
the
City's
housing,
access,
fire
safety,
and
environmental
management
objectives.
Approval
would
also
result
in
the
creation
of
an
additional
taxable
parcel,
the
integration
of
a
trail
connection
through
our
parcels
to
Starridge
Park,
and
the
preservation
of
riparian
habitat
and
coastal
sage
scrub
through
proposed
open
space
easements.
Thank
you
for
your
time
and
consideration
of
this
appeal.
Sincerely, Jonathan
Volfson
Jonathan
[email protected]
28701
Highridge
Rd
Rolling
Hills,
90274
858-945-7763 Attachments:
1. City
letter
of
denial
of
BA
25-0002
2. Proposed
Boundary
Adjustment
25-0002
3. Property
Aerial
4. Examples
of
other
irregularly
shaped
lots
in
Poway 3
12 of
27 May 5, 2026, Item #8
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May 5, 2026, Item #8
i::AHIBIT B
BOUNDARY ADJUSTMENT PLAT -CITY OF POWAY
AHWAHNEE WAY~ SHEET 2 OF 3 SHEETS
0 MJ--\P ~12276 \. / --( ~--~lJ-\P .v7-432 -
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*FOR BASIS OF BEARING,
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SEE SHEET 3
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' PCL A, P.O.B
FOR PCL B
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r---
tu ,-
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-Jilt OP S.ECT -12
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FOR PCL A
/
/ EXISTING
LINE TO BE
'l
NEW
LINE
<oi REMOVED
io I 3.84'
295.66'
Q
c.O
L9 -BASIS OF BEARING N88"50'59"W -/ fl OS T.328
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\ 311.81 I / 10/27/2025
"-
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L-12,__ __ ~ C~-E-E_._..D-~ / /
PARCEL A OWNER: SHAHRAM FOZOONMEHR AND JILLA FOZOONMEHR ADDRESS: 28701 HIGHRIDGE ROAD, ROWNG HILLS ESTATE, CA 90274
THIS PLAT WAS PREPARED WITH MY /OUR KNOWLEDGE AND CONSENT 10/28/2025
SHAHRAM FOZOONMEHR
PARCEL B OWNER: SHAHRAM FOZOONMEHR AND JILLA FOZOONMEHR ADDRESS: 28701 HIGHRIDGE ROAD, ROWNG HILLS ESTATE, CA 90274
THIS PLAT WAS PREPARED WITH MY/OUR KNOWLEDGE AND CONSENT 10/28/2025
SHAHRAM FOZOONMEHR
MAP PREPARED BY: WILLIAM YEN, RCE 33730, 13071 POWAY ROAD, POWAY, CA 92064 6 15 of 27
z ""'CJ
or . )>
-I
May 5, 2026, Item #8
LOCATIONAL AERIAL OF SUBJECT PARCELS
7 16 of 27
May 5, 2026, Item #8
EXAMPLE
OF
OTHER
IRREGULARLY
SHAPED
PARCELS
IN
POWAY
8 17
of
27 RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, DENYING AN APPEAL (APL) 26-0001
OF BOUNDARY ADJUSTMENT APPLICATION ( BA) 2 5-0002
ASSESSOR’S PARCEL NUMBER 317-611-01 AND 314-440-38
WHEREAS, BA 25-0002 is a proposal to modify the shared property boundary between two adjoining parcels, Assessor’s Parcel Numbers 317 -611-01 and 314- 440-38, to facilitate future subdivision of the northern parcel into two parcels and development of the parcels located on the east side of Starridge Park in the Rural Residential–A (RR-A) zone (“Project”); and WHEREAS, BA 25-0002 was denied by City staff on January 7, 2026; and WHEREAS, Section 2.20.20 of the Poway Municipal Code (PMC) provides for the appeal of administrative decisions, and on January 15, 2026, an appeal was filed regarding the denial of BA 25-0002 (“Appeal”); and
WHEREAS, on May 5, 2026, the City Council at a public meeting considered comments from the public, both pro and con, relative to this appeal, including written materials and oral presentations by the appellant /applicant, and incorporates all the Agenda Report for the May 5, 2026 public hearing on the appeal and all materials attached hereto into this resolution by reference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: A request for City Council appeal of an administrative decision itself is not a project as defined under the California Environmental Quality Act (CEQA), and CEQA does not apply to projects which a public agency rejects or disapproves pursuant to Section 15270 of the CEQA Guidelines.
SECTION 2: The Appeal of the denial of BA 25-0002 is denied. In support of the City Council’s denial of the Appeal, the City Council incorporates by reference all the factual determinations and findings made by City Staff in its original denial of BA 25-0002, as well as of City Staff Evaluations to the Appeal set forth in the Agenda Report for the May 5, 2026 Appeal hearing, as if fully set forth herein. The City Council also makes the following further findings in support of its denial of the Appeal:
A. Boundary Adjustment Does Not Comply with General Plan Parcel Shape and Depth to Width Ratio Requirements. Goal 1, Policy B.5 of the Community Development Element of the General Plan establishes an important design principle for parcel configuration to ensure orderly development. The proposed boundary adjustment would increase the number of irregularly shaped parcels by altering the square shaped northern parcel and significantly increasing the irregular configuration of the southern parcel . In addition, the proposed southern parcel dimensions exceed the recommended depth -to-width ratio, contrary to the intent of the General Plan. Therefore, the adjustment does not comply with subdivision design policies.
B. The Boundar y
Adjustment Does Not Comply with Minimum Parcel Width and Depth Standards. Poway Municipal Code Section 17.08.160 applies to all parcels, including 18 of 27 ATTACHMENT D
May 5, 2026, Item #8
Resolution No. 26-