Poway City Council
June 21, 2022

AG EN DA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 June 21, 2022 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.

Meetings I Regular City Council meetings are held in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will be open to the public.

Public participation is encouraged in a number of ways as described below. Members of the public may attend the City Council meeting in person, watch the City Council meeting live online, or participate remotely via Zoom. 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.

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Go to: www .poway.org/meeting and join using
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REMOTE SPEAKERS: If viewing on line or calling in via telephone, it is highly recommended to log in to the waiting room at least 15 to 30 minutes prior to the commencement of the meeting. 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. If you wish to Steve Vaus
Mayor
John Mullin
Deputy Mayor
Dave Grosch
Councilmember
Caylin Frank
Councilmember
Barry Leonard
Council member
speak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in online and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to speak on is being considered . You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be made available online after the meeting.

Techn ical Support I For more information on how to connect, visit www .poway .org/meetinghelp .

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 meet ings and are available for viewing on the City's website at www.poway.org. Sign up at https://poway.org/list.aspx to receive ema il notifications when City Council agendas are published online. Items listed on the agenda with a"#" symbol are in preparation.

Ame rican Disabilit ies Act Tit le II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting.

The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:

ROLL CALL:

PLEDG E OF ALLE GIANCE:

MOMENT OF SILENCE:

PRESENTATION:

Recognition of Nancee Prast, Retiring Sheriff Senior Volunteer Patrol Member 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.

Speakers have one opportunity to address the Council under Public Comment. 2 of 5 Regular City Council Meeting June 21, 2022
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion.

1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda

2. Approval of the May 3, 2022 Regular City Council Meeting Minutes

3. Adoption of Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic

4. November 8, 2022 General Municipal Election

5. Acceptance of Vehicle Maintenance Garage Roll-up Door Replacement Project; Bid No. 21-018 with SWCS, Inc., as Complete

6. Award of Contract to Statewide Stripes, Inc., for the 2022-2023 Citywide Striping Project; Bid No. 22-012

7. Award of Contract to American Asphalt South, Inc., for the 2022-2023 Street Maintenance Project; Bid No. 22-013

8. Acceptance of the Traffic Signal Controller Upgrades Project; Bid No. 21-011 with Siemens Mobility, Inc. as Complete

9. Acceptance of the Boulder Mountain Reservoirs No. 1 and 2 Rehabilitation Project; Bid No. 21-009 with Advanced Industrial Services, Inc. as Complete
ORDINANCES FOR INTRODUCTION: None
ORDINANCES FOR ADOPTION: None
PUBLIC HEARINGS:

10. Adoption of Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-23 City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the Resolution.

11. Adoption of Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-23 City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the Resolution.

12. Adoption of Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-23 3 of 5 Regular City Council Meeting June 21, 2022
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the Resolution.

13. Adoption of Resolution Establishing Assessments for Poway Landscape Maintenance District 86-2 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-23 City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the Resolution .

14. Adoption of Resolution Establishing Assessments for Poway Landscape Maintenance District 86-3 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-23 City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the Resolution.

15. Adoption of Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-23 City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the Resolution.

16. Adoption of Resolution Establishing Assessments for Poway Lighting District to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-23 City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the Resolution.

17. Proposed Fiscal Year 2022-23 Operating Budget and Capital Improvement Program City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, receive the Budget Review Committee Report, consider their recommendations, and adopt the Resolutions.

STAFF REPORTS:

18. Pre-Development Conference (PDC) 22-0003, a request for review of a proposal to approve a Specific Plan, Zone Change, Zoning Ordinance Amendment, General Plan Amendment and a Tentative Tract Map with associated Development Review to construct 64 new residences with recreational amenities and preserve one locally designated historic home on approximately 11 acres located at 12623, 12624, 12650, 12702 Oak Knoll Road and six additional vacant parcels in the RS-7 zone
City Manager's Recommendation: It is recommended the City Council provide input and direction regarding the request.

WORKSHOPS: None
4 of 5 Regular City Council Meeting June 21, 2022
COUNCIL-INITIATED ITEMS:

19. Creation of Poway ALERT (Alert Law Enforcement, Report Threats) system toll-free hotline 855-56- ALERT
Recommendation: It is recommended Council concur to immediately activate a new Poway ALERT system (855-56-ALERT) for a trial period through December 31, 2022. The cost to implement the toll-free system through the trial period will be approximately $190. Prior to the end of the trial period, City leadership in conjunction with the Sheriffs Department, will determine if continuation of the system is warranted.

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS: None
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) AD!OURNMENT
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 June 14, 2022.

Said meeting to be held at 7:00 p.m.,June 21, 2022, 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. ~·o .lind4lfil
Carrie Gallagher, CMC, City Cl rk
5 of 5 Regular City Council Meeting June 21, 2022
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

CITY COUNCIL
SUBJECT:

June 21, 2022
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk �
(858) 668-4535 or [email protected]
Approval of the May 3, 2022 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• May 3, 2022 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 May 3, 2022 Regular City Council Meeting Minutes.

Public Notification:

None.

Attachments:

A. May 3, 2022 Regular City Council Meeting Minutes
Reviewed/ Approved By:
�1zu.�- L----
We�aserman
Assistant City Manager
1 of 6
Reviewed By:

Alan Fenstermacher
City Attorney
June 21, 2022, Item #2

ATTACHMENT A
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.

CITY OF POWAY

CITY COUNCIL REGULAR MEETING

MINUTES
May 3, 2022
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: Barry Leonard, Caylin Frank, Dave Grosch, John Mullin (via teleconference), Steve Vaus

STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Director of Public Works Eric Heidemann; Fire Chief Jeff Chumbley; Captain Karla Menzies, Sheriff's Department.
(Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.)

PLEDGE OF ALLEGIANCE
Councilmember Frank led the Pledge of Allegiance.

MOMENT OF SILENCE
Mayor Vaus led a moment of silence.

PRESENTATIONS
Poway Neighborhood Emergency Corps (PNEC) 2022 Emergency Safety Fair Presentation 2 of 6 June 21, 2022, Item #2
City of Poway - Minutes - May 3, 2022

PUBLIC COMMENT
Joel Bocanegra voiced concerns over visibility issues on Espola Road resulting from the installation of posts as part of the Espola Road project.

Lori Grennan spoke regarding the effects of development on protected habitat within Poway.

Chris Vertrees, Director of Marketing and Corporate Partnerships, spoke regarding ownership changes and upcoming events at SportsPlex USA.

Yuri Bohlen requested Regional Housing Needs Assessment (RHNA) updates and questioned whether housing was planned on the Metate parcel.

Joe St. Lucas spoke regarding the effects of Fibromyalgia .

Janet Lettang acknowledged the upcoming 32nd anniversary of the dedication and opening of the Poway Center for the Performing Arts and shared her experience of having attended the San Diego Symphony Concert.

Samson Engeda (via teleconference) concurred with the visibility issues on Es po la Road as discussed by a previous speaker and inquired on size guidelines for adding an accessory dwelling unit to his property.

In response to comments made by Mr. Bocanegra, City Manager Hazeltine stated a traffic analysis is underway, results are forthcoming, and any required modifications will be addressed, he added that resident concerns are being taken very seriously. Development Services Director Bob Manis stated that in response to having received resident calls voicing similar concern, the City traffic consultant was contacted and is reviewing the situation with results of the review due shortly.

In response to comments made by Mr. Bohlen, Development Services Director Bob Manis stated the Metate parcel is currently zoned for one home and there are no plans for development on that parcel.

CONSENT CALENDAR
Motioned by Councilmember Grosch, seconded by Councilmember Frank to approve Consent Calendar Items 1 through 7. Motion carried 5/0 by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

Leonard, Frank, Grosch, Mullin, 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 March 15, 2022 Regular City Council Meeting Minutes

3. Adoption of Resolution No. 22-020 entitled "A Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVID-19) Global Pandemic." 3 of 6 June 21, 2022, Item #2
City of Poway- Minutes - May 3, 2022

4. Approval of Agreement between the City of Poway and DeAngelo Contracting Services, LLC. for Vegetation Management Services; RFP 22-021
Regarding Item #5 and at the request of City Council, Director of Public Works Eric Heidemann explained the work and expenditures to date regarding the hazardous mitigation grant. He confirmed this work is required per the terms of the grant and all grants come with required conditions.

5. Approval of a First Amendment to the Agreement with Dudek for Environmental and Biological Fieldwork; RFP No. 20-019

6. Award of Contract to Blue Pacific Engineering Construction, Inc. for Booster Pump Replacement; Bid No. 22-001

7. City's Investment Report as of March 31, 2022

ORDINANCES FOR INTRODUCTION
None.

ORDINANCES FOR ADOPTION

8. Second Reading and Adoption of Ordinance No. 856 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 17.40 (Comprehensive Sign Regulations) of the Poway Municipal Code."
Public Comment:

Yuri Bohlen asked for clarification on fine amounts for recovered signs and inquired whether the ordinance is enforceable if the owner never retrieves their signs.

In response, City Attorney Alan Fenstermacher stated the assessment is intended to cover the cost of obtaining and maintaining custody of the sign after the third offense and added if the signs are not claimed, the cost recovery amount is not assessed.

Motioned by Mayor Vaus, seconded by Councilmember Grosch to adopt Ordinance No. 856 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 17.40 (Comprehensive Sign Regulations) of the Poway Municipal Code." Motion carried 5/0 by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

PUBLIC HEARINGS:

None.
4 of 6
Leonard, Frank, Grosch, Mullin, Vaus
None
None
None
None
June 21, 2022, Item #2
City of Poway - Minutes - May 3, 2022
STAFF REPORTS:

None.

WORKSHOPS
None.

COUNCIL-INITIATED ITEMS:

None.

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Director of Public Works, Eric Heidemann, provided an update on current statewide drought conditions; he stated the San Diego County Water Authority and City of Poway have sufficient supplies to get us through this drought for next year but noted statewide significant challenging drought conditions. Mr. Heidemann noted staff will return at the June 7 meeting to provide an update and information on water use restrictions and present a resolution to declare a level two water shortage.

Councilmember Leonard spoke regarding public participation and events at the SportsPlex, he added special matinee times are planned for children to attend the upcoming production of Seussical the Musical at the Poway Center for the Performing Arts (PCPA). He noted participating in the Saturday morning Kiwanis sponsored trails cleanup event and encouraged the public to consider volunteering.

Councilmember Grosch reported a great turnout at the Landscape Maintenance District Committee (LMD) Ridge Park Open House.

Mayor Vaus reported having attended the Poway Midland Railroad Millionth Rider event, he added the winner was four (4) year old, Conner Mills, who will receive a lifetime of free rides.

Mayor Vaus complimented City staff on the successful event. He spoke regarding scandal and transparency issues with SANDAG including their ability to manage public funds and voiced his concern regarding their intention to place a measure on the November 2022 ballot seeking additional taxpayer money.

CITY MANAGER ITEMS
None.

Mayor Vaus recessed the Regular meeting into Closed Session at 7:46 p.m.

CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session)

9. Conference with Legal Counsel - Anticipated Litigation Government Code § 54956.9(d)(2) - one (1) case

ADJOURNMENT
5 of 6 June 21, 2022, Item #2
City of Poway - Minutes - May 3, 2022
The meeting was adjourned at 8:34 p.m.
6 of 6
Carrie Gallagher, CMC
City Clerk
City of Poway, California
June 21, 2022, Item #2
June 21, 2022, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
June 21, 2022
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief
Jeff Chumbley, Fire Chief
(858) 668-4461 or [email protected]

CITY COUNCIL
Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic The Novel Coronavirus (COVID-19) global pandemic continues to impact economic and social segments of the United States. Federal, state, and county directives, mandates and orders to manage COVI D-19 have, and continue to, impact Poway residents, businesses and visitors. On March 18, 2020, the City Council approved a resolution proclaiming a local emergency. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting.

Recommended Action:

It is recommended the City Council approve a resolution continuing the Proclamation of Local Emergency. This action requires a four-fifths (4/5) vote of the City Council.

Discussion:

The COVI D-19 global pandemic continues to impact business, education, healthcare, military, and social segments of the United States. Federal, state, and county directives, mandates, orders and guidelines have been issued to manage COVI D-19. Efforts continue to focus on re-opening the economy and relaxing restrictions. In response to the COVID-19 global pandemic, and its impact on Poway, the City Manager, serving as Director of Emergency Services for the City of Poway, proclaimed a local emergency on March 13, 2020. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the City Manager's Proclamation of Local Emergency. The City Council approved to continue the emergency action in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, and December 15. In 2021, the City Council approved to continue the emergency action on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16, and December

7. In 2022, the City Council approved to continue the emergency action on January 18, February 1, 1 of 5
June 21, 2022, Item #3
February
15,
March
1,
March
15,
April
5,
April
19,
May
3,
May
17 and
June

7. The
adopted
resolution
requires
the
City
Council
to
either
continue
the
emergency
action
or
declare
the
emergency
ended
at
each
regular
meeting.

Continuing
the
local
emergency,
in
addition
to
being
consistent
with
the
County
of
San
Diego,
also
allows
the
City
to
continue
to
be
eligible
for
federal,
state,
and
county
funding
opportunities
related
to
COVID-19
and
tied
to
having
a
declaration
of
a
local
emergency
in
place.

Environmental
Review:

This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).

Fiscal
Impact:

As
of
June
6,
2022,
City
costs
to
respond
to
COVID-19
are
estimated
at
$1,120,760.

These
costs
specifically
relate
to
FEMA
eligible
expenditures.

The
total
fiscal
impact
is
unknown
at
this
time.

Per
the
City
Council
adopted
General
Fund
Reserve
policy,
the
City
maintains
a
General
Fund
Reserve
of
45 percent
of
the
budgeted
annual
General
Fund
operating
expenditures,
or
$20,393,896
as
of
June
30,
2021.

Within
that
45 percent,
$13,179,618
is
set
aside
for
Extreme
Events/Public
Safety.

Staff
believes
some
of
the
prior
expenditures
are
recoverable
under
State
and
Federal
Disaster
programs.

Amounts
recovered
under
these
programs
will
be
used
to
replenish
the
General
Fund
reserve.

Pursuant
to
the
reserve
policy,
staff
will
return
with
a
plan
to
replenish
any
General
Fund
reserves
not
replenished
under
a State
or
Federal
Disaster
program.

Staff
will
recommend
applicable
budget
adjustments
prior
to
the
completion
of
the
current
fiscal
year.

In
addition
to
using
reserves
to
respond
to
COVID-19,
as
mentioned
above,
on
April
20,
2020,
the
City
Council
approved
$2,000,000
to
fund
the
PEARL
program
for
small
businesses.

The
PEARL
program's
goal
was
to
offer
financial
assistance
to
small
businesses
located
in
Poway
by
serving
as
a
financial
bridge
to
businesses
while
they
were
awaiting
state
and
federal
funding
provided
in
response
to
the
pandemic.

Based
on
staffs
review,
35 loans
totaling
$1,328,118
were
approved
and
four
loans
totaling
$148,000
have
been
repaid.

The
reserve
fund
will
be
replenished
from
the
repayment
of
PEARL
loans
over
a
three-year
period
following
the
end
of
the
local
COVID-19
emergency.

This
period
falls
within
the
General
Fund
Reserve
Policy's
direction
to
fully
replenish
reserves
within
five
years
of
use.

Public
Notification:
.

None. Attachments: A
Resolution
B.

Proclamation
of
Local
Emergency
Reviewed/
Approved
By:
wend
aserman
Assistant
City
Manager
2 of
s
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:
c~ City
Manager
June 21, 2022, Item #3

RESOLUTION
NO.
22-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

FINDING
AND

DECLARING
THE

CONTINUED

EXISTENCE
OF
AN

EMERGENCY
WITHIN
THE
CITY
DUE
TO
THE
NOVEL

CORONAVIRUS
(COVID-19)
GLOBAL

PANDEMIC

WHEREAS,
the
Novel
Coronavirus
(COVID-19)
global
pandemic
in
the
City
of
Poway,
commencing
on
or
about
January
24,
2020
that
creates
a
threat
to
public
health
and
safety;

WHEREAS,
Government
Code
section
8630
and
Poway
Municipal
Code
(PMC)
Section

2.12.060
empower
the
City
Manager,
acting
as
the
Director
of
Emergency
Services,
to
proclaim
the
existence
of
a
local
emergency
when
the
City
is
affected
by
a
public
calamity,
and
the
City
Council
is
not
in
session;

WHEREAS,
on
March
13,
2020,
the
City
Manager,
acting
pursuant
to
Government
Code
section
8630
and
PMC
section

2.12.060,
proclaimed
the
existence
of
a
local
emergency
based
on
conditions
of
extreme
peril
to
the
health
and
safety
of
persons
caused
by
the
Novel
Coronavirus
(COVID-19)
global
pandemic;

WHEREAS,
on
March
18,
2020,
the
City
Council,
acting
pursuant
to
Government
Code
section
8630
and
PMC
section

2.12.065,
ratified
the
existence
of
a
local
emergency
within
seven
(7)
days
of
a
Proclamation
of
Local
Emergency
by
the
City
Manager;

WHEREAS,
the
City
Council,
acting
pursuant
to
PMC
section

2.12.065,
approved
extending
the
emergency
declaration
during
regularly
scheduled
meetings
in
2020
on
April
7,
April
21,
May
5,
May
19,
June
2,
June
16,
July
7,
July
21,
August
4,
September
1,
September
15,
October
6,
October
20,
November
17,
December
1,
December
15,
and
in
2021
on
January
19,
February
2,
February
16,
March
2,
March
16,
April
6,
April
20,
May
4,
May
18,
June
1,
June
15,
July
20,
August
3,
August
17,
September
7,
October
5,
October
19,
November
2,
November
16,
December
7,
and
in
2022
on
January
18,
February
1,
February
15,
March
1,
March
15,
April
5,
April
19,
May
3,
May
17 and
June
7;

WHEREAS,
Public
Contract
Code
Section
20168 provides
that
the
City
Council
may
pass
by
four-fifths
(4/5)
vote,
a
resolution
declaring
that
the
public
interest
and
necessity
demand
the
immediate
expenditure
of
public
money
to
safeguard
life,
health,
or
property;

WHEREAS,
upon
adoption
of
such
resolution,
the
City
Manager
may
expend
any
sum
required
in
the
emergency
and
report
the
same
to
the
City
Council
in
accordance
with
Public
Contract
Code
Section
22050;

WHEREAS,
if
such
expenditure
is
ordered,
the
City
Council
shall
review
the
emergency
action
at
each
regular
meeting,
to
determine
if
there
is
a
need
to
continue
the
action
or
if
the
Proclamation
of
Local
Emergency
may
be
terminated;
and

WHEREAS,
such
the
Novel
Coronavirus
(COVID-19)
global
pandemic
constitute
an
emergency
within
the
terms
of
Public
Contract
Code
Sections
20168
and
22050
which
requires
that
the
City
Manager
be
able
to
act
quickly
and
without
complying
with
the
notice
and
bidding
procedures
of
the
Public
Contract
Code
to
safeguard
life,
health,
or
property
.
3 of
5 ATTACHMENT
A
June 21, 2022, Item #3
Resolution
No.
22-
Page
2 NOW,

THEREFORE
, BE
IT

RESOLVED
by
the
City
Council
of
the
City
of
Poway
hereby
finds
and
declares:

SECTION
1:

An
emergency
continues
to
exist
within
the
City
as
the
result
of
the
Novel
Coronavirus
(COVID-19)
global
pandemic;
and
(a)
The
continuing
threat
of
the
Novel
Coronavirus
(COVID-19)
global
pandemic
requires
that
the
City
be
able
to
expend
public
money
in
order
to
safeguard
life,
health,
or
property;
(b)
The
City
Manager,
as
the
City's
Personnel
Officer,
is
authorized
to
take
actions
necessary
to
alter
employee
leave
policies
and
ensure
a
safe
and
healthy
workforce;
(c)
The
City
Manager
is
authorized
to
safeguard
life,
health,
or
property
without
complying
with
notice
or
bidding
procedures;
and
(d)
Once
such
expenditure
is
made,
the
City
Manager
shall
report
the
conditions
to
the
City
Council
at
each
regular
meeting,
at
which
time
the
City
Council
shall
either
continue
the
emergency
action
or
declare
the
emergency
ended.

SECTION
2:

This
Proclamation
of
Local
Emergency
and
all
subsequent
resolutions
in
connection
herewith
shall
require
a
four-fifths
(4/5)
vote
of
the
City
Council.

PASSED,

ADOPTED
AND

APPROVED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
21st
day
of
June,
2022
by
the
following
vote,
to
wit:

AYES: NOES: ABSENT: DISQUALIFIED:

Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
4 ofS
June 21, 2022, Item #3

PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session;
WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by the Novel Coronavirus (COVID-19) commencing on January 24, 2020;
WHEREAS, that the City Council of the City of Poway is not in session and cannot immediately be called into session; and
WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven days of being issued.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of Poway, that a local emergency now exists throughout the City and that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; and
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Director of the Governor's Office of Emergency Services with a request that;

1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the Natural Disaster Assistance Act; and

2. The State Director forward this Proclamation, and request for a State Proclamation and Presidential Declaration of Emergency, to the Governor of California for consideration and action.

PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway this 13th day of March 2020.

Director of Emergency Services
5 of 5 ATTACHMENT B
June 21, 2022, Item #4
AG EN DA REPORT City of Poway
DATE:

TO:

FROM:

SUBJECT:

Summary:

June 21, 2022
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668 -4535 or [email protected]
November 8, 2022 General Municipal Election

CITY COUNCIL
The City of Poway is scheduled to conduct the General Municipal Election on Tuesday, November 8, 2022, for the purpose of electing an at-large Mayor and one Councilmember from District 1 and one Councilmember from District 3 for the full term of four years. Adoption of the recommended resolutions is required to commence the election process in conformance with the State of California's election laws.

Recommended Action:

It is recommended the City Council adopt the Resolutions.

Discussion:

In accordance with Poway Municipal Code Section 2.24.010, the City's 2022 General Municipal Election is scheduled to be held on November 8, 2022 for the purpose of electing an at-large Mayor and one Councilmember from District 1 and one Councilmember from District 3, each for the full term of four years. Included as Attachment A is the Calling for the Holding of the November 8, 2022 Municipal Election. The candidate filing period for the November election is Monday, July 18, 2022, at 8:00 a.m. through Friday, August 12, 2022, at 5:00 p.m. If an incumbent does not file, the period is extended to Wednesday, August 17, 2022, at 5:30 p.m. for candidates other than the incumbent to file for that office. If this occurs, the City Clerk will post a Notice of Extension of Nomination Period on the City website and the bulletin board outside City Hall, located at 13325 Civic Center Drive, Poway, CA 92064 at 5:00 p.m. August 12, 2022.

In accordance with California Elections Code section 10403 and Poway Municipal Code Chapter 2.24, the City is requesting the San Diego County Board of Supervisors consolidate the City's General Municipal Election with the Statewide General Election to be held on November 8, 2022 (Attachment B). The resolution requesting consolidation agrees to reimburse the San Diego County Registrar of Voters Office for costs associated with the election services provided to the City. This long-standing partnership is cost-effective, reducing duplicity in both effort and costs. 1 of 10
June 21, 2022, Item #4
The
California
Elections
Code
provides
for
candidate
reimbursement
for
the
cost
of
printing
and
mailing
their
respective
candidate
statements
in
the
Voter
Information
Pamphlet.

The
Federal
Voting
Rights
Act
requires
voters'
pamphlets
for
San
Diego
County
be
translated
into
Spanish,
Filipino,
Vietnamese
and
Chinese
languages.

The
candidate
statement
is
a voluntary
statement
for
candidates
seeking
a specific
elective
office
and
may
include
the
name,
age
and
occupation
of
the
candidate
and
a 200
or
400-word
description
of
the
candidate's
education
and
qualifications.

Council
determines
if
the
statement
is
to
be
200
or
400
words
and
historically,
a
200-word
statement
has
been
designated
. The
Registrar
of
Voters
estimates
a cost
of
approximately
$1,200
per
candidate
for
Mayor
and
$1,000
per
candidate
of
each
district.

The
cost
is
calculated
to
recover
expenses
for
language
translation
into
the
required
languages,
typesetting,
printing,
addressing,
labor
and
mailing
of
the
candidate
statements
portion
of
the
Sample
Ballot
&
Voter
Information
Pamphlet.

The
final
resolution
included
as
Attachment
C
to
the
staff
report
establishes
reimbursement
of
the
cost
for
a
candidate
statement
based
on
a
200-word
statement
and
the
estimate
provided
by
the
Registrar
of
Voters
Office.

Candidates
will
be
billed
or
refunded
the
difference
in
cost
based
on
the
actual
number
of
candidates
filing
statements.

Environmental
Review:

This
action
is
not
subject
to
CEQA
review.

Fiscal
Impact:

For
budget
preparation,
the
City
Clerk
used
a
preliminary
cost
estimate
provided
by
the
Registrar
of
Voters
in
January
2022.

Final
costs
are
not
known
until
after
the
completion
of
the
election.

This
cost
will
include
one
(1)
mayoral
seat
and
two
(2)
city
council
candidate
seats.

The
appropriation
of
funds
for
this
expenditure
is
included
in
the
proposed
FY
2022-23
Budget
(account
101010-49100).

Public
Notification:

This
item
was
noticed
in
accordance
with
the
Ralph
M
. Brown
Act
and
was
available
for
public
viewing
and
review
at
least
72 hours
prior
to
the
scheduled
meeting
date.

Upon
approval
of
this
item,
staff
will
publish the
Notice
of
Election
on
the
City's
website
and
in
the
following
newspapers:
•
Poway
News
Chieftain
•
San
Diego
Union
Tribune
•
El
Latino
•
Nguoi
Viet
Today
•
The
Filipino
Press
•
Epoch
Times
Attachments: A.

Resolution
Calling
the
Election
B.

Resolution
Requesting
Consolidation
Services
from
the
County
Board
of
Supervisors
C.

Resolution
Adopting
a
Fee
and
Regulations
for
Candidate
Statements
2 of
10 June 21, 2022, Item #4
Reviewed/
Approved
By
:

W~
s;;;:--
Assistant
City
Manager
3 of
10 Reviewed
By:

Alan
Fenstermacher
City
Attorney
1-1
,.-.
,a1
1:.11n
e
City
Manager
June 21, 2022, Item #4

RESOLUTION
NO.
22-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

CALLING
FOR
THE

HOLDING
OF
A

GENERAL

MUNICIPAL

ELECTION
TO
BE
HELD
ON

TUESDAY,

NOVEMBER
8,
2022,
FOR
THE

ELECTION
OF

CERTAIN

OFFICERS
AS

REQUIRED
BY
THE

PROVISIONS
OF
THE
LAWS
OF
THE
STATE
OF

CALIFORNIA

RELATING
TO

GENERAL
LAW
CITIES

WHEREAS,
under
the
provisions
of
the
laws
relating
to
General
Law
Cities
in
the
State
of
California,
a
General
Municipal
Election
shall
be
held
on
November
8,
2022,
for
the
election
of
municipal
officers.

NOW,

THEREFORE,
BE
IT

RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:

SECTION
1:

That
pursuant
to
the
requirements
of
the
laws
of
the
State
of
California
relating
to
General
Law
cities,
there
is
called
and
ordered
to
be
in
the
City
of
Poway,
California,
on
Tuesday,
November
8,
2022,
a
General
Municipal
Election
for
the
purpose
of
electing
an
at­
large
Mayor
and
one
(1)
Councilmember
from
District
1 and
one
(1)
Councilmember
from
District
3 for
the
full
term
of
four
years.

SECTION
2:

That
the
ballots
to
be
used
at
the
election
shall
be
in
form
and
content
as
required
by
law.

SECTION
3:

That
the
City
Clerk
is
authorized,
instructed
and
directed
to
coordinate
with
the
County
of
San
Diego
Registrar
of
Voters
to
procure
and
furnish
any
and
all
official
ballots,
notices,
printed
matter
and
all
supplies,
equipment
and
paraphernalia
that
may
be
necessary
in
order
to
properly
and
lawfully
conduct
the
election.

SECTION
4:

That
the
vote
centers
for
the
election
shall
be
open
at
7:00
a.m.
on
the
day
of
the
election
and
shall
remain
open
continuously
from
that
time
until
8:00
p.m.
of
the
same
day
when
the
vote
centers
shall
be
closed,
pursuant
to
Elections
Code
section
10242,
except
as
provided
in
section
14401
of
the
Elections
Code
of
the
State
of
California.

SECTION
5:

That
in
all
particulars
not
recited
in
this
Resolution,
the
election
shall
be
held
and
conducted
as
provided
by
law
for
holding
municipal
elections.

SECTION
6:

That
notice
of
the
time
and
place
of
holding
the
election
is
given
and
the
City
Clerk
is
authorized,
instructed
and
directed
to
give
further
or
additional
notice
of
the
election,
in
time,
form
and
manner
as
required
by
law.

SECTION
7:

That
the
City
Clerk
shall
certify
to
the
passage
and
adoption
of
this
Resolution
and
enter
it
into
the
book
of
original
resolutions.

SECTION
8:

The
City
Council
authorizes
the
City
Clerk
to
administer
said
election
and
all
reasonable
and
actual
election
expenses
shall
be
paid
in
full
by
the
City
upon
presentation
of
a
properly
submitted
bill
and
that
this
City
agrees
to
indemnify
and
save
free
and
harmless
the
County,
its
officers,
agents
and
employees
from
expense
or
liability,
including
reasonable
attorneys'
fees,
as
the
result
of
an
election
contest
arising
after
conduct
of
this
general
municipal
4 of
10 ATTACHMENT
A
June 21, 2022, Item #4
Resolution No. 22-

election, so long as the basis for any such claim arises from the conduct of the City or as a result of the reasonable reliance by the County upon information provided by the City.

PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of June, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
5 of 10
June 21, 2022, Item #4

RESOLUTION
NO.
22-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

REQUESTING
THE
BOARD
OF

SUPERVISORS
OF
THE
COUNTY
OF
SAN
DIEGO
TO

CONSOLIDATE
A

GENERAL

MUNICIPAL

ELECTION
TO
BE
HELD
ON

TUESDAY,

NOVEMBER
8,
2022,
WITH
THE

STATEWIDE

GENERAL

ELECTION
TO
BE
HELD
THAT
DATE

PURSUANT
TO
§10403
OF
THE

ELECTIONS
CODE

WHEREAS,
the
City
Council
of
the
City
of
Poway
called
a
General
Municipal
Election
to
be
held
on
November
8,
2022,
for
the
purpose
of
electing
an
at-large
Mayor
and
one
(1)
Councilmember
from
District
No.
1 and
one
(1)
Councilmember
from
District
No.
3,
each
for
a
full
term
of
four
years;
and

WHEREAS,
it
is
desirable
that
the
General
Municipal
Election
be
consolidated
with
the
Statewide
General
Election
to
be
held
on
the
same
date
and
that
within
the
city,
vote
centers
and
election
officers
of
the
two
elections
be
the
same,
and
that
the
Registrar
of
Voters
Office
of
the
County
of
San
Diego
canvass
the
returns
of
the
General
Municipal
Election
and
that
the
election
to
be
held
in
all
respects
as
if there
were
only
one
election.

NOW,

THEREFORE,
BE
IT

RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:

SECTION
1:

That
pursuant
to
the
requirements
of
§ 10403
of
the
Elections
Code,
the
Board
of
Supervisors
of
the
County
of
San
Diego
is
hereby
requested
to
consent
and
agree
to
the
consolidation
of
a
General
Municipal
Election
with
the
Statewide
General
Election
on
Tuesday,
November
8,
2022,
for
the
purpose
of
electing
a
Mayor
and
one
Councilmember
from
District
No.
1 and
one
Councilmember
from
District
No.
3,
for
a full
term
of
four
years,
commencing
in
December
2022.

SECTION
2:

That
the
Registrar
of
Voters
Office
of
the
County
of
San
Diego
is
authorized
to
canvass
the
returns
of
the
General
Municipal
Election.

The
election
shall
be
held
in
all
respects
as
if there
were
only
one
election,
and
only
one
form
of
ballot
shall
be
used.

SECTION
3:

That
the
Board
of
Supervisors
is
requested
to
issue
instructions
to
the
Registrar
of
Voters
Office
to
take
any
and
all
steps
necessary
for the
holding
of
the
consolidated
election.

SECTION
4:

That
the
City
of
Poway
recognizes
that
additional
costs
will
be
incurred
by
the
County
of
San
Diego
by
reason
of
this
consolidation
and
agrees
to
reimburse
the
County
in
full
for the
services
performed
by
the
Registrar
of
Voters
for the
City
of
Poway
upon
presentation
of
a
bill.

SECTION
5:

That
the
City
Clerk
is
hereby
directed
to
file
a certified
copy
of
this
resolution
with
the
Board
of
Supervisors
and
the
Registrar of
Voters
Office
of
the
County
of
San
Diego.

SECTION
6:

That
the
City
Clerk
shall
certify
to
the
passage
and
adoption
of
this
resolution
and
enter
it into
the
book
of
original
resolutions.
6 of
10 ATTACHMENT
B
June 21, 2022, Item #4
Resolution No. 22-

PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of June, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
7 of 10
June 21, 2022, Item #4

RESOLUTION
NO.
22-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

ADOPTING

REGULATIONS
FOR

CANDIDATES
FOR

ELECTIVE
OFFICE

PERTAINING
TO

CANDIDATES

STATEMENTS

SUBMITTED
TO
THE
VOTERS
AT
AN

ELECTION
TO
BE
HELD
ON

TUESDAY,

NOVEMBER
8,
2022

WHEREAS,
§13307
of
the
Elections
Code
of
the
State
of
California
provides
that
the
governing
body
of
any
local
agency
may
adopt
regulations
pertaining
to
materials
prepared
by
any
candidate
for
a
municipal
election,
including
costs
of
the
candidate
statement.

NOW,

THEREFORE,
BE
IT

RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:

SECTION
1:

General
Provisions.

That
pursuant
to
§ 13307
of
the
Elections
Code
of
the
State
of
California,
each
candidate
for
elective
office
to
be
. voted
for
at
an
election
to
be
held
in
the
City
of
Poway
on
November
8,
2022,
may
prepare
a
candidate's
statement
on
an
appropriate
form
provided
by
the
City
Clerk.

Such
statement
may
include
the
name,
age
and
occupation
of
the
candidate
and
a
brief
description
of
no
more
than
200 words
of
the
candidate's
education
and
qualifications
expressed
by
the
candidate
himself
or
herself.

Such
statement
shall
not
include
party
affiliation
of
the
candidate,
nor
membership
or
activity
in
partisan
political
organizations.

The
statement
shall
be
filed
in
typewritten
form
in
the
Office
of
the
City
Clerk
at
the
time
the
candidate's
nomination
papers
are filed.

The
statement
may
be
withdrawn,
but
not
changed,
during
the
period
for
filing
nomination
papers
and
until
5:30
p.m.
of
the
next
working
day
after
the
close
of
the
nomination
period. 8
of
10 SECTION
2:

Foreign
Language
Policy.

A.

Pursuant
to
the
Federal
Voting
Rights
Act,
candidate
statements
will
be
translated
into
all
languages
required
by
the
County
of
San
Diego
Registrar
of
Voters
Office.

The
County
is
required
to
translate
candidate's
statements
into
the
following
languages:

Spanish,
Vietnamese,
Filipino
and
Chinese
.

B.

The
Registrar
of
Voters
will
mail
separate
local
sample
ballots
and
candidate
statements
in
Spanish,
Vietnamese,
Filipino
and
Chinese
to
only
those
voters
who
are
on
the
County
voter
file
as
having
requested
a
sample
ballot
in
a
particular
language.

The
Registrar
of
Voters
will
make
the
sample
ballots
and
candidates
statements
in
the
required
languages
available
at
all
vote
centers,
on
the
County's
website
and
in
the
Election
Official's
office.

SECTION
3:

Payment.

Translations:

The
candidate
shall
be
required
to
pay
for
the
cost
of
translating
the
candidate's
statement
into
any
required
foreign
language
as
specified
in
Section
2 pursuant
to
Federal
and/or
State
Law.

Printing:

The
candidate
shall
be
required
to
pay
for
the
cost
of
printing
the
candidate's
statement
in
English
and
the
required
languages,
as
specified

ATTACHMENT
C
June 21, 2022, Item #4
Resolution
No.
22-
Page
9 in
Section
2,
in
the
sample
ballot
pamphlets
and
any
language
the
candidate
requests
as
an
option
by
the
candidate.

The
City
Clerk
shall
estimate
the
total
cost
of
printing,
handling,
translating
and
mailing
the
candidate's statements
filed
pursuant
to
this
section,
including
costs
incurred
as
a
result
of
complying
with
the
Federal
Voting
Rights
Act
of
1965
(as
amended),
and
require
each
candidate
filing
a
statement
to
pay
in
advance
to
the
local
agency
of
his
or
her
estimated
pro
rata
share
of
$1,200
for
Mayor,
and
$1,000
for
member
of
the
City
Council,
District
1 and
District
3,
as
a
condition
of
having
his
or
her
statement
included
in
the
voter's
pamphlet.

The
estimated
amount
is
just
an
approximation
of
the
actual
cost
that
varies
from
one
election
to
another
election
and
may
be
significantly
more
or
less
than
the
estimate,
depending
on
the
actual
number
of
candidates
filing
statements.

Accordingly,
the
Clerk
is
not
bound
by
the
estimate
and
may,
on
a
pro
rata
basis,
bill
the
candidate
for
additional
actual
expense
or
refund
any
excess
paid
depending
on
the
final
actual
cost.

In
the
event
of
underpayment,
the
Clerk
may
require
the
candidate
to
pay
the
balance
of
the
cost
incurred.

In
the
event
of
overpayment,
the
Clerk
shall
prorate
the
excess
amount
among
the
candidates
and
refund
the
excess
amount.

SECTION
4:

Miscellaneous.

A
All
translations
shall
be
provided
by
professionally
certified
translators.

B.

The
City
Clerk
shall
comply
with
all
recommendations
and
standards
set
forth
by
the
California
Secretary
of
State
regarding
occupational
designations
and
other
matters
relating
to
elections.

SECTION
5:

Additional
Materials.

A
No
candidate
will
be
permitted
to
include
additional
materials
in
the
sample
ballot
package.

SECTION
6:

That
the
City
Clerk
shall
provide
each
candidate
or
the
candidate's
representative
a
copy
of
this
Resolution
at
the
time
nominating
petitions
are
issued.

SECTION
7:

That
all
previous
Resolutions
establishing
council
policy
on
payment
for
candidate's
statements
are
repealed.

SECTION
8:

That
this
Resolution
shall
apply
only
to
the
election
to
be
held
on
November
8,
2022
and
shall
then
be
repealed.

SECTION
9:

That
the
City
Clerk
shall
certify
to
the
passage
an
adoption
of
this
Resolution
and
enter
it
into
the
book
of
original
resolutions
.

II II II II 9
of
10 June 21, 2022, Item #4
Resolution No. 22-

PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of June, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
10 of 10
June 21, 2022, Item #5
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway

CITY COUNCIL
June 21, 2022
Honorable Mayor and Members of the City Cou~f i!
Eric Heidemann, Director of Public Works t; ~ y
Will Wiley, Assistant Director of Public Works for Maintenance Operations (858) 668-4705 or [email protected]
Acceptance of Vehicle Maintenance Garage Roll-up Door Replacement Project; Bid No. 21-018 with SWCS, Inc., as Complete
On June 15, 2021, the City Council awarded the contract for the Vehicle Maintenance Garage Roll-up Door Replacement Project, Bid No. 21-018, to SWCS, Inc. in the amount of $90,121.00. This action will accept the project as complete.

Recommended Action:

It is recommended the City Council:
(1) Accept the Vehicle Maintenance Garage Roll-up Door Replacement Project as complete; (2) Authorize the City Clerk to file and record the Notice of Completion; (3) Authorize the release of the retention in the amount of $4,506.05, if unencumbered, 45-days after the City Council's acceptance;
(4) Release the United States Fire Insurance Company Bond for Material and Labor in the amount of $90,121.00 after the release of retention; and
(5) Retain the United States Fire Insurance Company Bond for Faithful Performance for a period of one (1) year.

Discussion:

On June 15, 2021, the City Council awarded the contract for the Vehicle Maintenance Garage Roll-up Door Replacement Project, in the amount of $90,121.00 to SWCS, Inc. This project included the removal and replacement of six (6) bay roll-up doors and motors, and the installation of electrical connectors to each bay door.

On September 23, 2021, staff approved the fabrication drawings, and SWCS, Inc. was notified to proceed with the fabrication submittal. The lead time to manufacture the roll-up doors was approximatly eight (8) weeks. The project began on December 30, 2021, and was required to be completed within 45 days. There were no change orders associated with this project. The final 1 of 2
June 21, 2022, Item #5
contract
amount
is
$90,121.00.

Staff
finds
the
project
to
be
complete
in
accordance
with
the
standards
and
specifications
of
the
contract.

Environmental
Review:

This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).

Fiscal
Impact:

Sufficient
funds
are available
in
the
Facilities
Maintenance
Division
(415010-61999)
Fiscal
Year
2021-
22 budget
for
the
release
of
retention
in
the
amount
of
$4,506.05.

Public
Notification:

None. Attachments: None. Reviewed/
Approved
By:

Wendyserman Assistant
City
Manager
2 of2
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:
c~ City
Manager
June 21, 2022, Item #6
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
June 21, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /1A
Jeff Beers, Special Projects Engineer
(858) 668-4624 or [email protected].~

CITY COUNCIL
Award of Contract to Statewide Stripes, Inc., for the 2022-2023 Citywide Striping Project; Bid No. 22-012
This action will award a construction contract for the 2022-2023 Citywide Striping project. The project includes replacing traffic striping, legends and markings and refreshing painted curbs within Street Maintenance Zone 5 and refreshing existing striping and painted curbs in Zones 1, 3 and 7. The City is divided into eight street maintenance zones.

Recommended Action:

It is recommended the City Council award the contract for the 2022-2023 Citywide Striping project to Statewide Stripes, Inc, in the amount of $365,774.00 and authorize the City Manager to execute the contract (Attachment A).

Discussion:

The 2022-2023 Citywide Striping project is part of the City's Annual Pavement Management Program.

Streets that are located within Street Maintenance Zone 5 that are being slurry sealed will have the striping replaced. Street striping in Zones 1, 3, and 7 will be refreshed. Striping is refreshed every two years. The length of this contract is for one (1) year, and the work shall be coordinated with the 2021- 2022 Street Overlay and 2022-2023 Street Maintenance contracts.

The contract time for this project is 45 working days with an Engineer's Estimate of $300,000. Bids were opened on May 24, 2022. The following three bids were received:

Company Total Bid Amount
Statewide Stripes, Inc. $365,774.00
Safe USA, Inc. $375,000.00
Payco Specialties $545,977.00
1 of 12
June 21, 2022, Item #6
Environmental
Review:

The
proposed
asphalt
pavement
rehabilitation
of
existing
City
streets
with
the
2022-2023
Citywide
Striping
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:

Sufficient
funds
have
been
programmed
in
the
Citywide
Striping
project
account
(ST024)
for
the
FY
2022-2023
budget
to
be
considered
by
City
Council.

This
contract
will
be
executed
upon
adoption
of
the
proposed
budget.

Public
Notification:

None. Attachments: A.

Contract
B.

Zone
5 Street
Maintenance
Map
Reviewed/
Approved
By:
✓~,
i_---
We
~
aserman
Assistant
City
Manager
2 of
12 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:
~ City
Manager
June 21, 2022, Item #6

SECTION
8 CONSTRUCTION

CONTRACT
CITY
OF
POWAY
2022-2023

CITYWIDE

STRIPING

PROJECT
This
Contract
made
and
entered
into
this
22nd
day
of
June,
2022,
by
and
between
City
of
Poway,
a
municipal
corporation
of
the
State
of
California,
hereinafter
referred
to
as
"City"
and
Statewide
Stripes,
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:

This
contract
includes
replacing
traffic
striping,
legends
and
markings
and
refreshing
of
painted
curbs
within
Street
Maintenance
Zone
5 and
refreshing
of
existing
striping
and
painted
curbs
in
Zones
1,
3 and

7. The
length
of
this
contract
is
for
one
(1)
year,
and
the
work
shall
be
coordinated
with
the
City's
Street
Maintenance
contract.

4. Contractor
agrees
to
perform
all
the
said
work
and
furnish
all
the
said
materials
at
his
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.
3 of
12 ATTACHMENT
A
1 June 21, 2022, Item #6

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
$365,774.00
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
Forty-Five
(45)
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:

Five
Hundred
Dollars
($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
him
or
by
any
subcontractors
under
him)
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
him
in
connection
with
the
work
4 of
12 2
June 21, 2022, Item #6
performed
under
the
terms
of
the
Contract.

Failure
to
comply
with
these
sections
of
the
Labor
Code
will
subject
the
Contractor
to
penalty
and
forfeiture
provisions
of
the
Labor
Code
§
1813.

12. Contractor
will
comply
with
the
provisions
of
Labor
Code§
1777
.5
pertaining
to
the
employment
of
apprentices
to
the
extent
applicable
to
this
Contract.

13. Contractor,
by
executing
this
Contract,
hereby
certifies:
"I
am
aware
of
and
will
comply
with
the
Labor
Code
§
3700
by
securing
payment
for
and
maintaining
in
full
force
and
effect
for
the
duration
of
the
contract,
complete
Workers
' Compensation
Insurance,
and
shall
furnish
a
Certificate
of
Insurance
to
the
City
before
execution
of
the
Contract.

The
City,
its
officers,
or
employees,
will
not
be
responsible
for
any
claims
in
law
or
equity
occasioned
by
failure
of
the
Contractor
to
comply
with
this
paragraph."
Contractor
further
agrees
to
require
all
subcontractors
to
carry
Workers'
Compensation
Insurance
as
required
by
the
Labor
Code
of
the
State
of
California.

14. Contractor
shall,
concurrent
with
the
execution
of
this
Contract,
furnish
two
bonds
approved
by
the
City,
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price,
to
guarantee
the
faithful
performance
of
the
work
("Performance
Bond"),
and
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
to
guarantee
payment
of
all
claims
for
labor
and
materials
furnished
("Payment
Bond").

This
Contract
shall
not
become
effective
until
such
bonds
are
supplied
to
and
approved
by
the
City.

15. a.

Contractor
shall
procure
and
maintain
at
its
own
expense,
until
completion
of
5 of
12 performance,
commercial
general
liability
insurance
of
not
less than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
for
bodily
injury,
personal
injury,
death,
loss
or
damage
resulting
from
the
wrongful
or
negligent
acts
by
the
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors.

Contractor
shall
provide
insurance
on
an
occurrence,
not
claims-made
basis.

Contractor
acknowledges
and
agrees
that,
for
purposes
of
clarification
with
the
intention
of
avoiding
gaps
in
coverage
with
any
umbrella
or
excess
insurance,
personal
and
advertising
injury
coverage
shall
be
triggered
by
an
"offense"
while
bodily
injury
and
property
damage
coverage
shall
be
triggered
by
an
"occurrence"
during
the
policy
period.
b.

Contractor
shall
further
procure
and
maintain
at
its
own
expense,
until
completion
of
performance,
commercial
vehicle
liability
insurance
covering
personal
injury
and
property
damage,
of
not
less than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
covering
any
vehicle
utilized
by
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors
in
performing
the
services
required
by
this
Agreement.
3 June 21, 2022, Item #6
6 of
12 c.

Contractor
shall
further
procure
and
maintain
at
its
expense,
until
completion
of
performance,
workers'
compensation insurance
providing
coverage
as
required
by
the
California
State
Workers'
Compensation
Law.

If
any
class
of
employees
employed
by
the
Contractor
pursuant
to
this
Agreement
is
not
protected
by
the
California
State
Workers'
Compensation
Law,
Contractor
shall
provide
adequate
insurance
for
the
protection
of
such
employees
to
the
satisfaction
of
the
City.

This
provision
shall
not
apply
if Contractor
has
no
employees
performing
work
under
this
Agreement.

Contractor
agrees
to
waive
its
statutory
immunity
under
any
worker's
compensation
or
similar
statute,
as
respecting
the
City,
and
to
require
any
and
all
subcontractors
and
any
other
person
or
entity
involved
with
the
Project
to
do
the
same. Worker's
Compensation
Insurance:
o
Contractor
has
no
employees
and
is
exempt
from
workers'
compensation
requirements.
o
Contractor
carries
workers'
compensation
insurance
for
all
employees.
d.

All
policies
required
by
this
section
shall
be
secured
from
insurers
authorized
to
do
business
in
the
State
of
California
with
an
"A"
policyholder's
rating
or
better
and
a
financial
rating
of
at
least
Class
VII,
in
accordance
with
the
current
Best's
Ratings. e.

Contractor
agrees
to
require
that
all
parties,
including
but
not
limited
to
subcontractors,
architects,
engineers
or
others
with
whom
Contractor
enters
into
contracts
or
whom
Contractor
hires
or
retains
pursuant
to
or
in
any
way
related
to
the
performance
of
this
Agreement,
provide
the
insurance
coverage
required
herein,
at
minimum,
and,
except
for
worker's
compensation
coverage,
name
as
additional
insureds
the
parties
to
this
Agreement.

Contractor
agrees
to
monitor
and
review
all
such
coverage
and
assumes
all
responsibility
for
ensuring
that
such
coverage
is
provided
in
conformity
with
the
requirements
of
this
Section.
f.

In
the
event
this
Agreement
is
terminated
for
any
reason prior
to
the
completion
of
all
obligations
and
requirements
of
this
Agreement,
Contractor
agrees
to
maintain
all
coverages required
herein
until
the
City
provides
written
authorization
to
terminate
the
coverages
following
the
City's
review
and
determination
that
all
liability
posed
under
this
Agreement
as
to
the
party
providing
insurance
has
been
eliminated. g.

Contractor
agrees
and
acknowledges
that
if
it
fails
to
obtain
all
of
the
insurance
required
in
this
Agreement
in
accordance
with
the
requirements
herein,
or
to
obtain
and
ensure
that
the
coverage
required
herein
is
maintained
by
any
subcontractors
or
others
involved
in
any
way
with
the
Project,
Contractor
shall
be
responsible
for
any
losses,
claims,
suits,
damages,
defense
obligations,
or
liability
of
any
kind
or
nature
attributable
to
the
City,
and/or
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors,
that
result
from
such
failure
by
Contractor.
4 June 21, 2022, Item #6

16. a.

Contractor
shall
provide
certificates
of
insurance
with
original
endorsements
to
the
City
as
evidence
of
the
insurance
coverage
required
herein.

Certificates
of
such
insurance
shall
be
filed
with
the
City
on
or
before
commencement
of
performance
of
this
Agreement.

Current
certification
of
insurance
shall
be
kept
on
file
with
the
City
at
all
times
until
completion
of
performance
and
acceptance
by
the
City. b.

Notwithstanding
any
inconsistent
statement
in
any
required
insurance
policies
or
any
subsequent
endorsements
attached
thereto,
the
commercial general
liability
and
commercial
vehicle
liability
policies
shall
bear
endorsements
whereby
it
is
provided
that
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents and
independent
contractors
are
named
as
additional
insureds.

Additional
insureds
shall
be
entitled
to
the
full
benefit
of
all
insurance
policies
in
the
same
manner
and
to
the
same
extent
as
any
other
insureds
and
there
shall
be
no
limitation
to
the
benefits
conferred
upon
them
other
than
policy
limits
to
coverages.
c.

Contractor
shall
require
the
carriers
of
all
required
insurance
policies
to
waive
all
rights
of
subrogation
against
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.
d.

Each
policy
required
herein
must
be
endorsed
to
provide
that
the
policy
shall
not
be
cancelled
in
coverage
or
limits
(except
by
paid
claims)
unless
the
insurer
has
provided
the
City
with
30 days
prior
written
notice
of
cancellation.

Contractor
agrees
to
provide
the
City
with
30 days
written
notice
prior
to
any
non-renewal
or
reduction
in
coverage
or
limits.
e.

All
insurance
policies
required
to
be
provided
by
Contractor
or
any
other
party
must
be
endorsed
to
provide
that
the
policies
shall
apply
on
a
primary
and
noncontributing
basis
in
relation
to
any
insurance
or
self-insurance,
primary
or
excess,
maintained
or
available
to
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.

17. a.

Contractor
shall
defend,
indemnify
and
hold
harmless
the
City,
its
officers,
7 of
12 officials,
agents,
employees
and
volunteers
from
and
against
any
and
all
claims,
demands,
actions,
losses,
damage,
injuries,
and
liability,
direct
or
indirect
(including
any
and
all
costs
and
expenses
in
connection
therewith)
to
the
extent
actually
caused
by
the
negligence
of
Contractor,
Contractor's
employees,
subcontractors
or
independent
contractors
except
for
any
such
claim
arising
out
of
the
negligence
or
willful
misconduct
of
the
City,
or
its
officers,
agents,
employees
or
volunteers.
b.

The
City
does
not,
and
shall
not,
waive
any
rights
that
it
may
have
against
Contractor
under
this
Section
because
of
the
acceptance
by
the
City,
or
the
deposit
with
the
City,
of
any
insurance
policy
or
certificate
required
pursuant
to
this
Agreement.

The
hold
harmless,
indemnification
and
duty
to
defend
provisions
of
this
Section
shall
apply
regardless
of
whether
or
not
said
insurance
policies
are
determined
to
be
applicable
to
the
claim,
demand,
action,
damage,
liability,
loss,
cost
or
expense
described
herein.
5 June 21, 2022, Item #6

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
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.
8 of
12 6
June 21, 2022, Item #6
Such
final
inspection
shall
be
made
within
a
reasonable
time
after
completion
of
the
work.

27. Whenever
Contractor
has
knowledge
that
any
actual
or
potential
labor
dispute
is
delaying
or
threatens
to
delay
the
timely
performance
of
the
Contract,
Contractor
shall
immediately
give
notice
thereof,
including
all
relevant
information with
respect
thereto,
to
City.

28. Contractor
agrees
to
contact
the
appropriate
regional
notification
center
in
accordance
with
Government
Code
Section
4216.2
.

29. Contractor
shall
submit
its
detailed
plan
for
worker
protection
during
the
excavation
of
trenches
required
by
the
scope
of
the
work
in
accordance
with
Labor
Code
Section
6705.

30. a.

Contractor
shall,
without
disturbing
the
condition,
notify
City,
in
writing,
as
9 of
12 soon
as
Contractor,
or
any
of
Contractor's
subcontractors,
agents,
or
employees
have
knowledge
and
reporting
is
possible,
of
the
discovery
of
any
of
the
following
conditions:
i.

The
presence
of
any
material
that
Contractor
believes
is
hazardous
waste,
as
defined
in
Section
25117
of
the
Health
and
Safety
Code;
ii.

Subsurface
or
latent
physical
conditions
at
the
site
differing
from
those
indicated
in
the
specifications;
or
iii.

Unknown
physical
conditions
at
the
site
of
any
unusual
nature,
different
materially
for
those
ordinarily
encountered
and
generally
recognized
as
inherent
in
work
of
the
character
provided
for
in
this
Contract.
b.

Pending
a determination
by
City
of
appropriate
action
to
be
taken,
Contractor
shall
provide
security
measures
(e.g.,
fences)
adequate
to
prevent
the
hazardous
waste
or
physical
conditions
from
causing
bodily
injury
to
any
person.
c.

City
shall
promptly
investigate
the
reported
conditions.

If City,
through
and
in
the
exercise
of
its
sole
discretion,
determines
that
the
conditions
do
materially
differ
or
do
involve
hazardous
waste,
and
will
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
then
City
shall
issue
a
change
order.
d.

In
the
event
of
a
dispute
between
City
and
Contractor
as
to
whether
the
conditions
materially
differ,
or
involve
hazardous
waste,
or
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
Contractor
shall
not
be
excused
from
any
scheduled
completion
date,
and
shall
proceed
with
all
work
to
be
performed
under
the
contract.

Contractor
shall
retain
any
and
all
rights
that
pertain
to
the
resolution
of
disputes
and
protests
between
the
parties.
7 June 21, 2022, Item #6

31. This
Contract
is
to
be
governed
by
the
laws
of
the
State
of
California.

32. All
work
shall
be
guaranteed
for
a period
of
one
(1)
year
from
the
date
of
acceptance
by
the
City.

Contractor
shall
promptly
make
all
needed
repairs
arising
out
of
defective
materials,
workmanship,
and
equipment.

City
is
hereby
authorized
to
make
such
repairs
if within
ten
(10)
days
after
giving
written
notice
to
Contractor,
or
its
agent,
Contractor
should
fail
to
make
or
undertake
with
due
diligence
the
aforesaid
repairs;
provided,
however,
that
in
case
of
an
emergency,
where,
in
the
opinion
of
City,
delay
would
cause
serious
loss
or
damage,
repairs
may
be
made
without
notice
being
sent
to
Contractor,
and
Contractor
shall
pay
the
costs
thereof.
(Remainder
of
page
intentionally
left
blank)
10 of
12 8
June 21, 2022, 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:

Print
Name of
Construction
Company
By:

Signature Print
Name
Contractor
information:

Address
for
Notices
and
Payments
Telephone
Number:
______
_
Email: ATTEST: Carrie
Gallagher,
CMC,
City
Clerk

APPROVED
AS
TO
FORM:

RUTAN
&

TUCKER,
LLP
Alan
Fenstermacher,
City
Attorney
11 of
12 CITY
OF
POWAY
a
Municipal
Corporation
Chris
Hazeltine,
City
Manager
9 June 21, 2022, Item #6
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Maintenance Treatments
_ EMULSION AGGREGATE

SLURRY (SEE CHART)
- PM CHIP SEAL AND EAS
• 111 • 1 PROJECT LIMITS
June 21, 2022, Item #7
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
June 21, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services -{Al\,
Jeff Beers, Special Projects Engineer 4-
(858) 668-4624 or [email protected] ~

CITY COUNCIL
Award of Contract to American Asphalt South, Inc., for the 2022-2023 Street Maintenance Project; Bid No. 22-013
This action will award a construction contract for the 2022-2023 Street Maintenance project. The project includes slurry sealing of residential and arterial streets in Street Maintenance Zone 5. The City is divided into eight street maintenance zones. Annually the City completes maintenance within a zone for an eight-year rotational street maintenance program.

Recommended Action:

It is recommended the City Council award the contract for the 2022-2023 Street Maintenance project to American Asphalt South, Inc, in the amount of $1,310,654.46 and authorize the City Manager to execute the contract (Attachment A).

Discussion:

The 2022-2023 Street Maintenance project is part of the City's Annual Pavement Management Program. Streets included with this project are located within Zone 5, which encompasses residential and arterial streets along Poway Road and Garden Road and arterial streets including Poway Road from Community Road to Highway 67 and Community Road from Poway Road to Stowe Drive. The project also includes raising survey monuments, water valve cans and sewer manhole lids to grade.

This work is in Zone 5 and being coordinated with the 2021-2022 Annual Street Overlay and 2022- 2023 Citywide Striping contracts.

The contract time for this project is 40 working days with an Engineer's Estimate of $1,100,000. Bids were opened on May 25, 2022. The following two bids were received:

Company Total Bid Amount
American Asphalt South, Inc $1,310,654.46
Pavement Coatings Co. $1,911,783.50
1 of 12
June 21, 2022, Item #7
Environmental Review:

The proposed asphalt pavement rehabilitation of existing City streets with the 2022-2023 Street Maintenance 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:

Sufficient funds have been programmed in the Street Maintenance project account (ST022) for the FY 2022-2023 budget to be considered by City Council. This contract will be executed upon adoption of the proposed budget.

Public Notification:

None.

Attachments:

A. Contract
B. Zone 5 Street Maintenance Map
Reviewed/Approved By:

Wendy serman
Assistant City Manager
2 of 12
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

City Manager
June 21, 2022, Item #7

SECTION
8 CONSTRUCTION

CONTRACT
CITY
OF
POWAY
2022-2023
STREET

MAINTENANCE PROJECT
This
Contract
made
and
entered
into this
22nd
day
of
June, 2022,
by
and
between
City
of
Poway,
a
municipal
corporation
of
the
State
of
California,
hereinafter
referred
to
as
"City"
and
American
Asphalt
South,
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:

4. 3
of
12 The
2022-2023
Street
Maintenance
is
part
of
the
City's
Annual
Pavement
Management
Program.

Streets
are
located
within
Zone
5,
which
encompasses
residential
and
arterial
streets
including
Poway
Road
and
Community
Road.

The
project
also
includes
raising
survey
monuments,
water
valve
cans
and
sewer
manhole
lids
to
grade.

Contractor
agrees
to
perform
all
the
said
work
and
furnish
all
the
said
materials
at
his
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,

ATTACHMENT
A
1 June 21, 2022, Item #7
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
$1,310,654.46
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
Forty
(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:

Five
Hundred
Dollars
($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.