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04-21-20 Agenda PacketAG EN DA Poway City Council .:." (!,,J\.'' ---==--April 21, 2020 I 7 p.m. Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 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 Pursuant to the Governor's Executive Order N-29-20, a local legislative body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body, during the period in which local public officials impose measures to promote social distancing. Although this Regular City Council meeting will be held at the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will not be open to the public. Remote public participation is encouraged in one of the following ways: To Watch Live: www.poway.org/councilmeetings To Speak and Participate: Go to: www.poway.org/meeting Then call: (877) 853 -5247 Enter Meeting ID: 623 291 9830 Enter Participant ID provided on your computer PLEASE NOTE: If you wish to participate, please also read the Speakers section for detailed instructions as it has changed. Public Meeting Access I Residents are strongly encouraged to participate and view remotely at the April 21, 2020 meeting livestream via www.poway.org/councilmeetings (to watch live), via www.poway.org/meeting (to speak and participate), or on Cox Communications Channel 24 and Time Warner Channel 19. Meetings are rebroadcast on Mondays, Thursdays and Fridays at 6 p.m. and Saturday and Sundays at 3 p.m. Council meeting videos are archived and available for viewing on the City's website atwww.poway.org/councilmeetings. Submission of written comments concerning items on the agenda is encouraged. Speakers I If viewing online 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 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 Steve Vaus Mayor Caylin Frank Deputy Mayor Dave Grosch Councilmember Barry Leonard Councilmembe1-John Mullin Councilmembe1- 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. Technical Support I For more information on how to connect, visit www.poway.org/meetinghelp. If you have trouble connecting or accessing the meeting, the Information Technology team is available to help at (858) 668-4451. 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 or in the City Clerk's office of City Hall, 13325 Civic Center Drive. Sign up at www.poway.org to receive email notifications when City Council agendas are published online. Items listed on the agenda with a "#" symbol are in preparation. 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. 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: PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes. Speakers have one opportunity to address the Council under Public Comment. CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion. WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. 1. Approval of the March 18, 2020 Special City Council Meeting Minutes 2. Community Development Block Grant (CDBG) Program Cooperation Agreement Renewal for Fiscal Years 2021-22 through 2023-24 ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 3. Second Reading and Adoption of Ordinance No. 841 entitled "An Ordinance of the City Council of the City of Poway, California, Adopting the 2019 Engineering and Traffic Survey'' City Manager's Recommendation: It is recommended that the City Council adopt Ordinance No. 841. PUBLIC HEARINGS: 4. Resolution Adopting a List of Projects for Fiscal Year 2020-21 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. 5. Tentative Tract Map 20-001, A Request for Approval of a Fifth and Final One-Year Time Extension for a Previously Approved Subdivision City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. STAFF REPORTS: None. WORKSHOPS: None. COUNCIL-INITIATED ITEMS: 6. Appointment to the San Diego County Water Authority Board COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) CITY MANAGER ITEMS: 7. Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic City Manager's Recommendation: It is recommended that the City Council adopt the Resolution. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: 8. Conference with Labor Negotiators Government Code Section 54957.6 Designated City Representatives: Chris Hazeltine, Wendy Kaserman, Jodene Dunphy Employee Organizations: Poway Firefighters' Association ADIOURNMENT State of California County of San Diego ) ) ss. ) AFFIDAVIT OF POSTING I, Faviola Medina, 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 14, 2020 at 5:30 p.m. Said m eting to be held at 7:00 p.m., April 21, 2020, in the Poway City Council Chambers, 13325 Civic Center i e, owa California. Said notice was posted on the Bulletin Board at the entrance to City Hall. 1 of 6April 21, 2020, Item #1AGENDA RE PO RT City of Poway DATE: TO: FROM: SUBJECT: Summary: April 21, 2020 Honorable Mayor and Members of the City Council Faviola Medina, City Clerk ~ (858) 668-4535 or fmedina@poway.org Approval of Minutes The City Council Meeting Minutes submitted hereto for approval are: • March 18, 2020 Special City Council Meeting Minutes CITY COUNCIL 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 that the City Council approve the Minutes as submitted. Public Notification: None. Attachments: A. March 18, 2020 Special City Council Meeting Minutes Reviewed/ Approved By: ~ ~--we.®aserman Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager 2 of 6April 21, 2020, Item #1NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL SPECIAL MEETING MINUTES March 18, 2020 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 8:45 a.m. ROLL CALL John Mullin, Barry Leonard, Dave Grosch, Caylin Frank (via teleconference), Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; City Attorney Alan Fenstermacher (via teleconference); City Clerk Faviola Medina; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources/Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Fire Chief Jon Canavan. (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, Counci/member/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 Grosch led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. At the request of Mayor Vaus, City Attorney Alan Fenstermacher introduced the Special City Council Meeting and explained that due to the COVI D-19 situation an executive order was issued by the California Governor that allows all city council meetings to be held via teleconference for any member of the legislative body or staff. The only requirement being that there is a location for the public to go and comment if desired. He explained that the City met those requirements by providing a physical location for public access to the meeting at the Poway Center for Performance Arts and making online participation available as well. Mr. Fenstermacher further added that there would be no public comment for non-agendized items as it is a Special City Council Meeting. At the request of the City Manager, Mayor Vaus moved Item #7 forward. 3 of 6April 21, 2020, Item #1City of Poway -Minutes -March 18, 2020 STAFF REPORT 7. Resolution Confirming the Existence of a Local Emergency as Proclaimed by the City Manager/ Director of Emergency Services within the City of Poway due to the Novel Coronavirus (COVID-19) Global Pandemic City Manager Chris Hazeltine briefly summarized the item and introduced Fire Chief Jon Canavan who provided an update. Fire Chief Jon Canavan explained the transmission of COVID-19 and the risks for people whose immune systems are compromised. Mr. Canavan further explained that as a result of COVID-19, the State of California has declared a State of Emergency, the President of the United States has declared a National Emergency and the County of San Diego has declared a Local Health Emergency and Local Emergency. Mr. Canavan added that last night there were 472 positive cases in California, 60 positive cases in San Diego County and of those cases, one person received COVID-19 testing and treatment at Palomar Hospital and was expected to make a full recovery. Mr. Canavan further added that in anticipation of a rapid increase of infection rates, the Center for Disease Control and Prevention, California Department of Public Health and the County of San Diego Health and Human Services have issued guidance and recommendations. Mr. Canavan went on to explain that locally, County of San Diego Public Health officer Wilma Wooten issued sweeping emergency regulations that restrict gatherings and meetings, closed certain businesses and student classes on campuses and delivered strong recommendations for social distancing and home isolation. Mr. Canavan added that City staff has been actively monitoring and reacting to rapidly changing information since January 31 when a public health emergency was declared. Mr. Canavan stated that the following actions have been taken by the City of Poway: restricted access to City Hall and all City buildings except for parks and their restrooms; reduced staff while maintaining essential services; activated the Emergency Operations Center (EOC); implemented 911 call screening and first responder protocols; is actively sharing information with the community and have placed four handwashing stations throughout the City. Mr. Canavan explained that the City's Director of Emergency Services (City Manager) adopted a proclamation of local emergency on March 13, 2020 which authorized the City Manager to expedite purchasing efforts, alter employee leave policies and improve the Cities ability to seek reimbursement funds. Chris Olps, via teleconference, expressed his support for a spending limit during the crisis. In response to Council inquiry, City Manager Chris Hazeltine clarified that although City Hall is closed to the public, there is still a skeleton crew working. He went on to explain that staff may be contacted via email, the city website or via phone. Mayor Vaus explained that the reason that the City of Poway has months of reserves is for emergency purposes such as this. In response to Council inquiry, Mr. Canavan clarified that Level 3 EOC gives the City the ability to: monitor the situation with regional partners; input requests and logistical needs to the County; and stay informed from state and county public health agencies. Mr. 4 of 6April 21, 2020, Item #1City of Poway -Minutes -March 18, 2020 Canavan further explained that Level 3 EOC is the lowest of three levels, Level 1 EOC is highest which is staffed 24 hours per day, Level 2 and Level 3 EOC provide flexibility and allow meetings of staff in the EOC on an as-needed basis. In response to Council inquiry, Mr. Canavan explained that in order to limit emergency personnel exposure, a call screening criterion has been set in place for potential COVID-19 cases. He added that if it is determined that the call is a potential COVID-19 case, only one person will enter in protective gear to engage the patient and provide them a mask and transport. In response to Council inquiry, Mr. Hazeltine explained that it is not known yet whether or not future Council meetings will be hosted via teleconference. In response to Council inquiry, Mr. Fenstermacher clarified that any price gauging should be reported to the District Attorney's Office. Motioned by Mayor Vaus, seconded by Councilmember Mullin, to adopt Resolution No. 20-013 entitled "A Resolution of the City Council of the City of Poway California, Finding and Proclaiming the Existence of a Local Emergency Within the City due to the Novel Coronavirus (COVID-19) Global Pandemic." Motion carried unanimously. CONSENT CALENDAR Motioned by Councilmember Grosch, seconded by Councilmember Leonard to approve Consent Calendar Items 1 through 5. Motion carried by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Mullin, Leonard, Grosch, Frank, Vaus None None None None 1. Ratification of Warrant Registers for the Periods of February 3, 2020 through February 7, 2020; and February 10, 2020 through February 14, 2020 2. Approval of the February 18, 2020 Regular City Council Meeting Minutes 3. Annual Report -Implementation of the General Plan in 2019 4. Award of Contract to Pavement Recycling Systems, Inc., for Asphalt Cold Milling and Operator Services; RFP No. 20-016 5. Acceptance of the City Hall Hydronic Piping Replacement Project; Bid No. 19-024 with Hunter General Engineering, Inc., as Complete STAFF REPORT 6. Fiscal Year 2019-20 Midyear Budget Update and Approval of Appropriation of Funds, and Updates to the Position Classification Plan and Management/Confidential Salary Schedule Director of Finance Aaron Beanan and Director of Public Works Eric Heidemann provided a brief presentation along with a slideshow presentation. Mr. Beanan explained that staff 5 of 6April 21, 2020, Item #1City of Poway -Minutes -March 18, 2020 reviewed the mid-year budget update and after reviewing revenues and expenditures there is an expected general fund surplus of $950 thousand. Mr. Beanan further explained that general fund appropriation requests total $369 thousand and one of the requests from Finance is to update the Cost Allocation Plan and funding for Customer Connect which will provide a more user friendly and efficient online payment process for ratepayers. Mr. Beanan added that included in the general fund reserves category, there is issuance of a one-time fixed and variable credit for customers that experienced the precautionary boil water advisory event that will come from the General Fund's Extreme Events/Public Safety reserve that will be replenished by the General Fund Unassigned Fund Balance and if approved by Council, $6.6 million will remain. Mr. Heidemann explained that the Public Works Department is requesting additional staffing to support the Utilities Division to meet regulatory requirements and to meet the size and complexity of planned improvements to the water infrastructure system. Mr. Heidemann added that the additional staffing requested is a Utilities Administrator and a Principal Civil Engineer. No speakers. Council discussion ensued. In response to Council inquiry, Mr. Heidemann explained that the stakes that are along Twin Peaks Road delineate the edge of right-of-way and private property for LMD 83-1 to determine how to manage the vegetation that is outside of the right-of-way boundaries. Motioned by Councilmember Grosch, seconded by Councilmember Leonard, to adopt Resolution No. 20-011 "A Resolution of the City Council of the City of Poway California, Approving Additional Appropriations for the Fiscal Year 2019-20 Mid-Year Budget," and Resolution No. 20-012 "A Resolution of the City Council of the City of Poway California, Approving the Addition of a Utilities Administrator and Principal Civil Engineer-Utilities to the City of Poway Position Classification Plan and the Management/Confidential Salary Schedule." Motion carried unanimously. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) The Mayor and Council made announcements and reported on various events taking place in the City. No action was taken. In response to Council inquiry, City Manager Chris Hazeltine explained that the County of San Diego provided and placed four hand washing stations throughout the City which they will also pay for and maintain. Mr. Hazeltine stated that the hand washing stations are located at City Hall, Poway Library, Community Park and Old Poway Park. Mayor Vaus mentioned that there is a County alert system that has been activated. He explained that you may sign up by texting "COSD COVID19," to 468311 to receive up-to-date alerts from the County of San Diego. CITY MANAGER ITEMS None. 6 of 6April 21, 2020, Item #1City of Poway -Minutes -March 18, 2020 CITY ATTORNEY ITEMS None. ADJOURNMENT The meeting adjourned at 9:38 a.m. Faviola Medina, CMC City Clerk City of Poway, California April 21, 2020, Item #2··>-. . ·i}-. -........ --,,/~· (' ,,·. J :-• .; DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway April 21, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services/M,, Marie Sanders, Senior Management Analyst (858) 668-4637 I msanders@poway.org CITY COUNCIL Community Development Block Grant (CDBG) Program Cooperation Agreement Renewal for Fiscal Years 2021-22 to 2023-24 The City currently receives an annual allocation of federal Community Development Block Grant (CDBG) funds through the County of San Diego (County). This is made possible through a Cooperation Agreement between the City and County, which expires June 30, 2021. The Cooperation Agreement contains an automatic renewal provision which would allow for the City's continued participation in the CDBG Program for an additional three consecutive periods covering July 1, 2021 through June 30, 2024. To ensure the City's continued participation in the CDBG Program, the City Council must adopt a resolution authorizing the automatic renewal of the Cooperation Agreement. Recommended Action: It is recommended that the City Council adopt the Resolution and authorize the City Manager to execute the necessary documents. Discussion: The City currently receives an allocation of federal CDBG funds each fiscal year through the County's CDBG Program. This is made possible through a Cooperation Agreement between the City and County, which expires June 30, 2021. Historically, the City has used CDBG funds to finance social services programs such as 2-1-1 San Diego and ElderHelp of San Diego, the North County Bridge to Housing Network to help reduce homelessness and Americans with Disabilities Act (ADA) accessibility improvements in city-owned parks. To continue participation in the County's CDBG Program, the City Council must adopt a resolution authorizing the automatic renewal of the Cooperation Agreement prior to June 2, 2020. The automatic renewal of the Cooperation Agreement between the County and the City will allow for the City's continued participation in the CDBG Program for the qualification periods of July 1, 2021 to June 30, 2022; July 1, 2022 to June 30, 2023; and July 1, 2023 to June 30, 2024. 1 of 4 April 21, 2020, Item #2Environmental Review: This item is not subject to California Environmental Quality Act review. Fiscal Impact: None. Public Notification: None. Attachments: A. Resolution Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2of4 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager April 21, 2020, Item #2RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE AUTOMATIC RENEWAL OF THE COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF POWAY FOR PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR AN ADDITIONAL THREE CONSECUTIVE PERIODS COVERING JULY 1, 2021 THROUGH JUNE 30, 2024 WHEREAS, the United States Congress enacted the Housing and Community Development Act of 197 4 providing federal funds for a wide range of housing and community development activities; WHEREAS, the Housing and Community Development Block Grant (CDBG) Regulations allow small communities within a metropolitan area to join with the County's application to the Federal Department of Housing and Urban Development for funds; WHEREAS, the County of San Diego and City of Poway executed a Cooperation Agreement effective July 1, 2018 through June 30, 2021 which allows the City of Poway to be included in the County's applications to the Federal Department of Housing and Urban Development for CDBG funds; and WHEREAS, the Cooperation Agreement includes an automatic renewal provision which allows for the City' s continued participation for an additional three consecutive periods covering July 1, 2021 through June 30, 2024. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council hereby authorizes the automatic renewal of the Cooperation Agreement between the County of San Diego and City of Poway for participation in the CDBG Program for an additional three consecutive periods covering July 1, 2021 through June 30, 2024 and authorizes the City Manager to execute the necessary documents. 3 of4 ATTACHMENT A April 21, 2020, Item #2Resolution No. 20-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of April, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 4of4 April 21, 2020, Item #3DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway April 21, 2020 Honorable Mayor and Members of the City Council Faviola Medina, City Clerk ~ (858) 668-4535 or fmedina@poway.org CITY COUNCIL Second Reading and Adoption of Ordinance No. 841 entitled "An Ordinance of the City of Poway, California, Adopting the 2019 Engineering and Traffic Survey'' The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on April 7, 2020. Councilmember Frank was absent. There were no speakers. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Recommended Action: MULLIN, LEONARD, GROSCH, VAUS NONE NONE FRANK NONE It is recommended that the City Council adopt Ordinance No. 841. Environmental Review: This item is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines as it entails adoption of an Engineering and Traffic Survey and establishing speed limits on several road segments, and there is no possibility that this will have a significant effect on the environment. Fiscal Impact: There are sufficient funds available in the Street Striping Account (411040-4330) to remove and install the speed legend changes estimated at $500, and in the Sign Maintenance Materials Account (411040-45300) to replace the speed limit sign changes estimated at $250. 1 of 4 April 21, 2020, Item #3Public Notification: A public hearing summary notice was published in the Poway News Chieftain on Thursday, March 26, 2020. A second summary notice will be published in the same publication on Thursday, April 30, 2020. 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 841 Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of4 Reviewed By: Alan Fenstermacher City Attorney App roved By: Ch;,;e City Manager April 21, 2020, Item #3ORDINANCE NO. 841 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING THE 2019 ENGINEERING AND TRAFFIC SURVEY WHEREAS, Sections 22357 and 22358 of the California Vehicle Code give local municipalities the authority to set speed limits below the maximum speed limits set forth by State law, where such speed limits are supported by an Engineering and Traffic Survey; WHEREAS, Section 627 of the California Vehicle Code defines the Survey requirements deemed necessary by the State; WHEREAS, Section 10.32.010 of the Poway Municipal Code allows the City Council to determine the most appropriate speed limits on certain streets within the City Limits based on an Engineering and Traffic Survey; and WHEREAS, the 2019 Engineering and Traffic Survey, included in the staff report as Attachment B, has been prepared in accordance with Section 627 of the California Vehicle Code and Section 28.13 of the California Manual on Uniform Traffic Control Devices to set speed limits in the City of Poway. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: The City Council finds that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines, as it entails adoption of an Engineering and Traffic Survey and establishing speed limits on several road segments, and there is no possibility that this will have a significant effect on the environment. SECTION 3: The 2019 Engineering and Traffic Survey is hereby adopted. SECTION 4: This Ordinance shall be codified. EFFECTIVE DATE: 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. 3 of4 April 21, 2020, Item #3INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 7th day of April, 2020, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 21st day of April, 2020, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 4of4 April 21, 2020, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway April 21, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /tA, Jeff Beers, Special Projects Engineer (858) 668-4624 or jbeers@poway.org CITY COUNCIL Resolution Adopting a List of Projects for Fiscal Year 2020-21 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 Prior to receiving Road Maintenance and Rehabilitation Account (RMRA) funds, a list of projects proposed to be funded with these funds must be provided to the California Transportation Commission. All projects proposed to receive funding must be adopted by resolution approved by the City Council. The attached resolution (Attachment A) identifies the FY 2020-21 Street Maintenance Project and FY 2020-21 Street Overlay Project as the projects for which RMRA funds are to be used. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: On April 28, 2017 the Governor signed Senate Bill 1 (SB 1 ), which is known as the Road Repair and Accountability Act of 2017, to provide funding for basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road systems. A portion of this funding known as the Road Maintenance and Rehabilitation Account is apportioned annually to cities and counties. Prior to receiving an apportionment of RMRA funds from the State Controller in a fiscal year, the bill requires that agencies provide a list of projects proposed to be funded with these funds to the California Transportation Commission. All projects proposed to receive funding must be adopted by resolution approved by the City Council. A city receiving an apportionment of RMRA funds is also required to sustain a maintenance of effort by spending at least the annual average of its general fund expenditures during the fiscal years 2009-10, 2010-11, and 2011-12 for street, road, and highway purposes. 1 of 5 April 21, 2020, Item #4The attached resolution identifies the FY 2020-21 Street Maintenance Project and FY 2020-21 Street Overlay Project as the projects for which RMRA funds are to be used. The resolution also provides specific project details as required by the bill. Environmental Review: This action is not a project pursuant to the 2020 California Environmental Quality Act (CEQA) Guidelines. If approved for RMRA funding, the FY 2020-21 Street Maintenance Project and FY 2020-21 Street Overlay Project will be further reviewed and evaluated as projects pursuant to CEQA Guidelines. Fiscal Impact: None with this action. Based on estimates provided by CaliforniaCityFinance.com, the City of Poway is projected to receive approximately $950,386 in RMRA funds in FY 2020-21. Appropriation of these funds will occur during the adoption of the FY 2020-21 Proposed Budget. Public Notification: None. Attachments: A. Resolution Reviewed/ Approved By: Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager April 21, 2020, Item #4RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2020-21 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1 ), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; WHEREAS, the City, will receive an estimated $950,386 in RMRA funding in FY 2020-21 fromSB1; WHEREAS, this is the fourth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; WHEREAS, the City has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community's priorities for transportation investment; WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 86 streets totaling approximately 19 centerline miles and approximately 3.8 million square feet of road surface throughout the City this year and many similar projects into the future; WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City's streets and roads are in a "good" condition with a current PCI (Pavement Condition Index) of 80 and this revenue will help us maintain the overall quality of our road system and over the next decade will maintain our streets and roads into an "good" condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. 3 of 5 ATTACHMENT A April 21, 2020, Item #4Resolution No. 20-Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council finds that the adoption of this Resolution is not subject to the requirements of the California Environmental Quality Act (CEQA) as this action is not a project pursuant to the 2016 California Environmental Quality Act (CEQA) Guidelines. SECTION 2: The foregoing recitals are true and correct. SECTION 3: The following list of proposed projects will be funded in-part or solely with FY 2020-21 Road Maintenance and Rehabilitation Account revenues: Project: FY 2020-21 Street Maintenance Project Description: Annual Street Maintenance project which includes the slurry sealing of residential, collector and arterial streets. Location: The FY 2020-21 Street Maintenance Project encompasses streets within street maintenance zone 2, that is generally north and south of Twin Peaks Road, east and west of and including sections of Espola Road, north of Poway Road and south of Sand Hill Drive. Estimated Useful Life: 8 years Project Schedule: July 2020 -September 2020 Project: FY 2020-21 Street Overlay Project Description: Annual Street Overlay project which includes the asphalt concrete patching and replacement of residential, collector and arterial streets. Location: The FY 2020-21 Street Overlay Project encompasses selected streets within street maintenance zone 4, that is generally north and south of Twin Peaks Road, east and west of and including Community Road, north of Poway Road and south of Twin Peaks Road. Estimated Useful Life: 25 years Project Schedule: April 2021 -May 2021 SECTION 4: The City has no previously proposed and adopted projects that will utilize FY 2020-21 Road Maintenance and Rehabilitation Account revenues in their delivery. 4 of 5 April 21, 2020, Item #4Resolution No. 20-Page 3 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of April, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 5 of 5 April 21, 2020, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway April 21, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /1A. Austin Silva, Senior Planner (858) 668-4658 I asilva@poway.org CITY COUNCIL Tentative Tract Map 20-001, A request for approval of a fifth and final one-year time extension for a previously approved subdivision The City Council's approval of Tentative Tract Map (TTM) 06-02, known as the Sunroad Maderas Subdivision project, was set to expire on March 13, 2020. Prior to the expiration date, the applicant requested a fifth one-year time extension to allow for additional time to complete the processing requirements for a Final Map. This project will be deemed expired unless the requested time extension is approved. This is the last time extension provided for under the Poway Municipal Code (PMC). Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt Resolution. Discussion: The project site is an approximately 122-acre property located on the east side of Old Coach Road, approximately one mile north of Espola Road in the Planned Community (PC) zone. The project location and zoning map is included as Attachment B. The project site currently is comprised of five legal lots. On March 13, 2007, the City Council approved TTM 06-02, which reconfigured the project site into five residential lots ranging in size from one to two acres that are clustered in the northwest corner of the site, and created a large 111-acre open space lot on the balance of the site as shown on Attachment C. No changes are proposed to the approved lot configuration. The TTM was approved by the City Council for two years pursuant to the PMC, and within that time the applicant is required to process and receive approval of a Final Map from the City Council. The expiration date was incrementally extended to March 13, 2020 as a result of various automatic time extensions granted by the State of California legislature since 2008 and four one-year time extensions granted by the City Council under the provisions of Section 16.10.080 of the PMC. The PMC allows for 1 of 7 April 21, 2020, Item #5a total of five one-year time extensions. The application for this time extension was submitted prior to the expiration date of the application and therefore the time extension can still be granted. The applicant needs additional time to complete the Final Map process. The applicant is requesting City Council approval of a fifth one-year extension. All the findings and Conditions of Approval from City Council Resolution P-07-08 will remain in full force and effect. The project will be required to comply with all current regulations for landscaping and stormwater requirements. No new Conditions of Approval are recommended as this is only a time extension request. With approval of this extension request, the TTM approval will be extended to March 13, 2021. This is the last time extension provided for under the PMC. Environmental Review: This time extension is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the CEQA Guidelines in that this action has no possibility of an effect on the environment. Environmental review was conducted pursuant to CEQA in conjunction with the original approval. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, April 9, 2020 and mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Approved TTM Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of 7 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager April 21, 2020, Item #5RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 20-001; A FIFTH ONE-YEAR TIME EXTENSION OF THE APPROVAL FOR TENTATIVE TRACT MAP 06-02; ASSESSOR'S PARCEL NUMBERS (APN): 277-080-04, 277-071-05, 14, 16, and 19 WHEREAS, on March 13, 2007, the City Council approved Tentative Tract Map (TTM) 06-02, along with a Mitigated Negative Declaration, for a six-lot subdivision of an approximately 122-acre site, consisting of five residential lots and one open space lot, located on the east side of Old Coach Road and approximately one mile north of Espola Road in the Planned Community (PC) zone; WHEREAS, the California State Assembly, has periodically granted an automatic time extension to all Tentative Maps that had not expired, which resulted in extending the expiration date of TTM 06-02 to March 13, 2016; WHEREAS, pursuant to Section 16.10.080 of the Poway Municipal Code (PMC), the City Council in January 2016 approved the first one-year time extension, a second one-year extension was approved in February 2017, a third one-year extension was approved in May 2018, and in April 2019 approved the fourth one-year extension; WHEREAS, the applicant has submitted on January 6, 2020 a request pursuant to the PMC for a fifth and final one-year time extension of the project approval which automatically extends the expiration date by 60 days, to May 12, 2020 (Government Code 66452.6(e)); WHEREAS, on April 21, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: This time extension is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the CEQA Guidelines in that this action has no possibility of an effect on the environment. Environmental review was conducted pursuant to CEQA in conjunction with the original approval of the project. SECTION 2: City Council Resolution P-07-08 remains in full force and effect except that a time extension for the approval is hereby granted by the City Council. The fifth time extension of this TTM approval shall be for one year from March 13, 2020 to March 13, 2021. No additional one-year time extensions are permissible. SECTION 3: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. 3 of 7 ATTACHMENT A April 21, 2020, Item #5Resolution No. 20-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California, on the 21st day of April 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 4 of 7 April 21, 2020, Item #50 305 610 --1,220 Feet ---5 of 7 PC-6 OS-RM CITYOF POWAY Zoning/Location Map Item: TTM 20-001 ATTACHMENT 8 April 21, 2020, Item #5O') 0 --1\ ...... )> -I -I )> TENTATIVE MAP FOR TRACT NO. 06-02 SUNROAD/MADERAS PROPERTY -POWAY, CALIFORNIA ½, NW 14, SW Y4, NE 14,: S / -Jg, l"J3S, R-J W SBM -?, M, 5890 P, M, .· 5920 KEY__M!f SCAl(.:1• ... 200: 1.£.!i.E,!!Jl. ______________ _ 0 ~ ::c R/W ['!0$1'.fillJ 50' ff/# THIS IS A PLANNED COIAIUNITY / SPECIFIC Pl.AH SUll)t',!Sl(»j ~ ::=Li;°~~y ______ _ ~ ~~f ... -;.,:--:s: m z -I C') .,,. 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UltJfY (AS(i,tCti'TS OR RM.ACMD RIQIH-Or-Wl.'r'S. lit 1'l.l. COlilPl.Y WTH Tl£ PMK ANO LANO DlJJICAOOH ~NiCE. ~:~~;;~•.co ~OtEQO,CA9l121 ~:(d)ll1-too0 FAX: (1156)J62-&-(◄8 ~~.~~ iowsf&t't--. fil!l,JHmt._Qf_Y!I..Q.!!!; STEYENS-CtlCSTO ENG,NEERIHG. INC. ~$~~~~~1~:,f"~rt: 320 ~: ~:;:j:t=·~ ~~ \'l'!''' ~;r~Ws'UI.- r1~1(j7 I DAT{ ~ April 21, 2020, Item #5~ ~~-~:t<.•.•···"' §8~~B~~a·~ ii-~"•B~~ 7 of 7 April 21, 2020, Item #6~) MEMORANDUM CityofPoway DATE: April 21, 2020 TO: Members of the City Council FROM: Steve Vaus, Mayo~ SUBJECT: Appointment to San Diego County Water Authority Board Summary: The San Diego County Water Authority (SDCWA) is a public agency that serves as San Diego County's regional water wholesaler. SDCWA is made up of 24 member agencies, each of which appoints a representative to serve on the SDCWA Board of Directors. The Board of Directors determines policies for the SDCWA, and those policies are carried out by SDCWA staff. As a member agency, Poway appoints a representative to the Board for a six-year term. Councilmember Barry Leonard has served as Poway's representative on the SDCWA Board of Directors since August 2018, fulfilling the remaining two years of Mark Weston's term upon his resignation from the board as Poway's representative. This term will expire on April 22, 2020. Having fulfilled his commitment, Councilmember Leonard has elected to step down from the Board of Directors. Under the terms of the County Water Authority Act, Poway must appoint a representative to serve on the Board for the next six-year term (Attachment A). Public Works Director, Eric Heidemann, is qualified and has agreed to serve as Poway's representative on the SDCWA Board of Directors. Eric is familiar with the City's concerns about our region's water supply and challenges, as well as the Council's legislative platform. He is well-equipped to represent Poway on the San Diego County Water Authority Board of Directors. I propose the appointment of Eric Heidemann to represent Poway on the SDCWA Board of Directors, through April 2026. Recommended Action: Mayor Vaus is requesting Council's concurrence for this regional committee appointment. Attachments: A. SDCWA Term of Office Letter B. Resolution Appointing representative to SDCWA Reviewed/ Approved By: Assistant City Manager 1 of 3 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager April 21, 2020, Item #6MEMBER AGEtKIES Carlsbad 11,unicipol Wafer Di>tricl City of De! Mar City of facondido Cily of l✓oliono! Ci~/ City of Oceanside City of Poway City of Son Diego Follbrook Public Utility Distric! He!ix Waler District Lakeside Water District Olivenhoin Municipal Woier Dis~rict Otoy Water Distric• Padre Dom Municipal Water Distrid Camp Pendleton Marino Corps Base Rainbow Municipal \'Voter Di~trict Romona i,Aunicipal Water Disltict Rincon de! Diobio Municipal Water District Sor. Dieguito Waler Districi Sonic Fe Irrigation District South Bar Irrigation Distric! Voliedtos \Noter District Volley Centc, Municipci Waler Disfricl Vislo Irrigation Disrricl Yulma Our Region's Trusted \Nater Leader San Diego County Water Authority April 8, 2020 Faviola Medina, City Clerk City of Poway 13325 Civic Center Drive Poway, CA 92064 Re: SDCW A Term of Office for Barry Leonard Dear Ms. Medina, The San Diego County Water Authority records indicate the term of office for Barry Leonard, as your representative on the Water Authority's Board, will expire on April 22, 2020. Under the terms of the County Water Authority Act, members of the Board of Directors hold office for a term of six years or until their successors are appointed and qualified. The new term of your representative's appointment to the Water Authority Board would end on April 22, 2026. Please make the necessary arrangements for this appointment and notify us of your appointment. Thank you for your assistance with this matter and contact me at (858) 522-6614 if you have any questions. Sincerely, ~h&(uk Melinda Nelson ~ Clerk of the Board Municipal Water District C: Barry Leonard OTHER REPRESENTATIVE County of San Di£-go 2 of 3 Sandy Kerl, General Manager, SDCW A Mark Hattam, General Counsel, SDCW A SDCW A Board Officers Attachment A 4677 Overland Avenue, San Diego, California 92123-1233 • (858) 522-6600 • FAX (858) 522-6568 • www.sdcwa.org April 21, 2020, Item #6RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPOINTING ERIC HEIDEMANN AS ITS REPRESENTATIVE TO SAN DIEGO COUNTY WATER AUTHORITY BOARD OF DIRECTORS WHEREAS, Steve Vaus, Mayor of the City of Poway, has designated and appointed Eric Heidemann to serve as the representative on the San Diego County Water Authority Board of Directors; and WHEREAS, THE City Council approves said designation and appointment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The designation and appointment of Eric Heidemann as Poway's representative to the San Diego County Water Authority Board of Directors is hereby approved beginning April 22, 2020, for a six-year term. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of April 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 3 of 3 Attachment B April 21, 2020, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: April 21, 2020 Honorable Mayor and Members of the City Council Jon M. Canavan, Fire Chief ® Jon M. Canavan, Fire Chief (858) 668-4461 or jcanavan@poway.org City of Poway 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 cause unprecedented impacts on all business, education, healthcare, military, and social segments of the United States. Federal, state, and county directives, mandates and orders to prevent, control and manage the spread of COVID-19 have, and continue to, impact Poway residents, businesses and visitors. 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. On April 7, 2020, the City Council approved Resolution No. 20-019 to continue the emergency action. 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 that the City Council approve a resolution continuing the Proclamation of Local Emergency authorizing the City Manager to take necessary actions to protect the public and welfare of the City from the serious and imminent threat of COVI D-19. This action requires a four-fifths (4/5) vote of the City Council. Discussion: The COVID-19 global pandemic continues to spread across populations with unprecedented impacts on all business, education, healthcare, military, and social segments of the United States. COVID-19 has resulted in a swift economic slowdown and escalating unemployment rates. Federal, State, and county directives, mandates, orders and guidelines have been issued to prevent, control and manage the spread of COVID-19. The direct impact of these directives on Poway residents, businesses and visitors includes physical separation and home isolation, discontinuance of mass gatherings and meetings, reduced access to certain public facilities and recreational amenities, restricted restaurant 1 of 5 April 21, 2020, Item #7operations, discontinuance of non-essential business and infrastructure functions and the application of facial coverings when outside the home. Environmental Review: This action is not subject to CEQA review. Fiscal Impact: Based on expenditure receipts to date, City costs to respond to COVID-19 are estimated at $41,000. 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% of the annual operating budget, or $20,961,853 as of June 30, 2019. Within that 45%, $13,974,863 is set aside for Extreme Events/Public Safety. Based upon the City's reserve policy, there are adequate reserves to cover the costs to respond to this health emergency. Further, staff believes some of the costs 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. Further, staff will recommend applicable budget adjustments prior to the completion of the current fiscal year. Public Notification: None. Attachments: A. Resolution B. Proclamation of Local Emergency Reviewed/Approved By: ~~ v-------wend aserman Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager April 21, 2020, Item #7RESOLUTION NO. 20-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, shall review the need for a continuing emergency declaration at regularly scheduled meetings at least every 21 days until the emergency is terminated; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, approved extending the emergency declaration during a regularly scheduled meeting on April 7, 2020; 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: 3 of 5 April 21, 2020, Item #7Resolution No. 20-Page 2 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 April, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 4of5 April 21, 2020, Item #7PROCLAMATION 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