Item 25 - Award of Bid Tree Pruning Program
AGEND ~EPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
- FROM: James L. Bowersox, City Man~.
INITIATED BY: John Fitch, Assistant City Managef.1/1 ~
James R. Williams, Director of Public Services
Patricia S. Nelson, Management Aide ~
DATE: December 19, 1995
SUBJECT: Award of Bid for the City of Pow~y Tree Prunin~ ProWam. Fiscal Year 1995/96.
Bid No. 006-95-96
ABSTRACT
Contract bids were opened by the City Clerk on November 29, 1995 for awarding a new, one-year
contract for the trimming and removal of specific trees within the City of Poway.
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
- FISCAL IMPACT
Sufficient funding has been identified in the Public Services Budgets. Of the $47,891.00 bid by Atlas
Environmental, $12,728.00 is for Street Maintenance Division work, $14,518.00 is for Parks and
Landscape Division work, and $20,645.00 is for Landscape Maintenance District work.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report has been mailed to Brian L. Coy, Atlas Environmental.
RECOMMENDATION
It is recommended that the City Council award the contract, Bid No. 006-95-96, to Atlas Environmental
based on their bid proposal of $47,891.00 (see Attachment).
ACTION
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~ AGENDA REPOR
CITY OF POW A Y
This report is included on the Consent Calendar. There will bl! no separate discussion of the report prior to approval by the
City Council unless members of the Council. staff or public request it to be removed from the Consent Calendar and
di$Cussed separately..lf you wish to have this report pulled for discussion, please fill out a slip indicating the report number
and give it to the City Clerk prior to the beginning of the City Council m~ng.
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City M~
INITIATED BY: John D. Fitch, Assistant City Manager
James R. Williams, Director of Public Services cJ
Patricia S. Nelson, Management Aide r
DATE: December 19, 1995
SUBJECT: Award of Bid for the Citv of Poway Tree Pruninl1 Proeram. Fiscal
Year 1995/96. Bid No. 006-95-96
BACKGROUND
Notices inviting bids were published in the Powav News Chieftain on two consecutive
Thursdays - November 9 and 16, 1995. Seven contractors were also notified by mail. Five
contractors attended the pre-bid meeting held on November 15, 1995.
FINDINGS
Three contracts responded by submitting bids - Davey Tree, Golden Bear Arborists, and Atlas
Environmental. Bid amounts are as follows:
Davey Tree $120,845.00
Golden Bear Arborists 82,003.00
Atlas Environmental 47,891.00
The low bidder, Atlas Environmental, has submitted all the required information within their
bid package. References have been checked and have been found more than satisfactory for
the type of work the City has requested. Since the writing of this report, Atlas Environmental
has prepared and submitted all the required contract documents, including bonding, licenses,
and insurances. Once the contract has been awarded, they will commence with the necessary
traffic control and begin work.
ACTION:
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DEe 1 9 1995 ITEM 21
Agenda Report - Award of Contract for Tree Pruning
December 19, 1995
Page 2
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
FISCAL IMPACT
Sufficient funding has been identified in the Public Services Budgets. Of the $47,891.00 bid
by Atlas Environmental, $12,728.00 is for Street Maintenance Division work, $14,518.00 is
for Parks and Landscape Division work, and $20,645.00 is for Landscape Maintenance
District work.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report has been mailed to Brian L. Coy, Atlas Environmental.
RECOMMENDATION
It is recommended that the City Council award the contract, Bid No. 006-95-96, to Atlas
Environmental based on their bid proposal of $47,891.00 (see Attachment).
JLB:JDF:JRW:PSN
Attachment:
Atlas Environmental's Proposal for City of Poway Tree Pruning
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____._..__w.________...._~__._.____
--
1.08 ProntK:aJ to the ( CoundJ
CITY OF POW A Y
TREE PRUNING PROGRAM
NAME OF BIDDER: Atlas Environmental Services, Inc.
BUSINESS ADDRESS: 9032 Olive Drive
PLACE OF RESIDENCE: Spring Valley, CalifOrnia 91977
The work to be done and referred to herein is in the Cicy of Poway. San Diego Councy, California,
and shall be performed in accordance with these Special Provisions.
The undersigned, as Bidder, declares that the only persons or parries interested in this proposal as
principals are those named herein; that this proposal is made without collusion with any ocher person, firm, or
corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of
contract, and the plans therein referred to; and he proposes, and agrees if this proposal is accepted. thac he
will contract with the Cicy of Poway, in the form of the copy of the Contract annexed hereto, to provide all
necessary machinery, tools, appararus and other means of construction, and to do all the work and furnish all
the materials specified in the Conrract, in the manner and cime therein prescribed, and according co the
requirements of the Cicy of Poway as set forth therein.
Bidder understands that a bid is required for the entire work, that the estimated quantities set forth in
the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the Contract
will be the sum of the totals for each item of work. Bidder shall be compensated only for items of work
satisfactorily completed, It is agreed that the unit prices bid include all appurrenant expenses, taxes, royalties.
and fees. In the case of discrepancies in the numbers of a bid amount, and the words stating that amount, the
words shall govern over numbers. In the case of a discrepancy between unit prices and extended amounts, the
unit prices shall govern over the extended amounts.
NOW: In compliance with the Notice to Contractors and all the Special Provisions hereinbefore
stipulated, the undersigned, with full cognizance thereof, hereby proposes to perform the entire work for the
prices set forth in the included Bid Sheet upon which award of Contract is made.
Dated November 28, .1995 Bidder: Atlas Environmental Services, Inc.
By:'6rlon L. (ty t
Title: V((O ,'?rC:"5icle-nt-->
Bidder's Post Office:
Casa De Oro
(CC!rporate Seal)
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Corporation organized under ...e laws of the State of ~1 (. t)JY ( ) I Q )
Names and Addresses of all members of the firm or names of all officers of the Corporation:
~ ui~ l::ue.8U.~nc5 ~ GJpct'e ~ (Q . g /qo (
::r a.ro rru nn O;J.i S:rn 'Ferrurcl.o S. 6on'Olcgo> CO . lc
q;;)IO r.
'"br iQ(') L . UJU .Ilq~z:) I ha 7r:tp1::Jn) fl (ajtrn, G . q.;lOICj
.
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--~----,---"_.. ------,-~-
--.-..--
----
;;---- 1.09 Bid Schedule PROJE,CT: City or Poway
Tree Pruning Progralll
Citv Ril!hts-or-wav/F:asement Proiect Area. [Class IV]
UNIT TOTAL
LOCATION ACTION r:m. TYPE/SIZE mSI mSI
Valle Verde Median- Trim (7) Eucalyptus 12-24" ?B 266
S/O Calle Colina Remove' (2) Eucalyptus 12&18" 157;) 3co
16658 Valle Verde Rd Trim (I) Eucalyptus 24" > 8s-
Remove (I) Eucalyptus 24" > 2=
Valle Verde Rd Trim (21) Eucalyptus 12-24" ~B /,00 e
Both sides Espola to
Calle Colina
Martincoit Rd Trim (12) Eucalyptus 12-24" '15 5"7D
'Both sides Espola [0 Trim (40) Eucalyptus 24" > s-B "Z:$ ZO
16672 Martincoit
Trail Easement Behind Trim (7) Eucalyptus 24-36" 110 770
12811 Cedar Tree Way
N/S Soule St Trim (38) Eucalyptus 12-24" 3'g Ilf<f'7
,
Blanco Ct. to Carriage Rd Trim (2) Eucalyptus 36" > /70 ~'tO
N/S Stone Cyn Rd Trim (15) Eucalyptus 12'24" LtD ,,~O
Del Norte to Ladiera Piedra
\VIS Midland Rd Trim (6) Eucalyptus 24-36" 135 glD
Twin Peaks Rd to Remove (I) Eucalyptus 36" 17S 1'75
500' south
E/S Midland Rd Trim (3) Eucalyptus 12-24" /00 ~t)o
north of Somerset Rd Trim (5) Eucalyptus 24" > IBo 9t!Jo
Trail Easement Trim (4) Eucalyptus 6-12" 1i0 ~~D
E/O 14661 Twin Peaks Rd Trim (9) Eucalyptus 12-24" //0 9qo
N/S Lake Poway Rd Trim (3) Eucalyptus 6-12" '2.s- 7S
Espola To 800" east Trim (II) Eucalyptus 12-24" ~.s- ~1~
N/S Lake POIYay Rd Trim (6) Eucalyptus 6-12" 'ZS-- ISO
east & west of Archery Trim (<!:) ,. JJ 9:s- ~"7Cl
Eucalyptus 12-"2'1
Range (. "7) ,7-':' 'Z4i II SO ~SV
'-:mA""j>S -
SUBTOTAL .if 1<'1/"2~
,
, Removals under this section are to include stump grinding
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Parks and LandoScane/Ea5elllel ,'oiect Areas [Class 11]
.~ UNIT TOTAL
LOCATION ACTION r:m. TVPIVSIZF: ~ i:Q.SI
Poway Rd Medians
14225 Poway Rd Rmve Fronds (2) Calif. Fan Palm sO bD
Trim (2) Sycamore 6.S" oozB 56
Trim (1) Alder 7" IS"
14034 Poway Rd Rmve Fronds (6) Calif, Fan Palm 30 I ~O
Tri.m (2) Sycamore 9" -ze 56
Trim (I) Alder 9" 70 ~o
Deadwood) (2) Oak 6-9" /'2 -z..'7
13939 Poway Rd Deadwood (I) Oak 12" "ZD
Trim (3) Sycamore 6-S" "ZS 6'7
13830 Po way Rd Trim (3) Sycamore 6-7" '2.B 8'7
Rmve Fronds (4) Calif. Fan Palm ~o IZO
13715 Poway Rd Trim (I) Sycamore 7" "Z~ Z8
13272 Poway Rd Trim (2) Sycamore 5-6" IS $0
13202 Poway Rd Trim (1) Alder II" $'0
13137 Poway Rd Deadwood (1) Oak 8" )"Z...
13057 Poway Rd Deadwood (1) Oak 9" IZ-
12957 Poway Rd Deadwood (I) Oak 6" 1"2...
EIO 12845 Poway Rd Trim (6) Sycamore 5-8" :II 90
Deadwood (2) Oak S" ozo
WIO 12845 Poway Rd Deadwood (1) Oak 8" "2.0
Rmve Fronds (3) Calif. Fan Palms 30 '90
Trim (1) Sycamore IS-
12719 poway Rd Trim (1) Sycamore 7" IS
12657 Poway Rd Deadwood (I) Oak6" /0
Trim (2) Sycamore 5-6" IS- ::0
12538 Poway Rd Trim (2) Sycamore 6" IS SO
Trim (1) Alder II" lfD
Deadwood (1) Oak 7" 10
12439 Poway Rd Trim (3) Sycamore 6-S" I-z.. '3'b
'Deadwood under this section requires removal of dead wood material only
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Park.q nlul Landscane/Ea.c;:el. It Proiect Areas (eulIl}r!1
UNIT TOTAL
LOCATION ACTION lliL. TYPE/SI7:E ~ QlSI
12218 Poway Rd Deadwood (I) Oak 9" 10
Trim (2) Sycamore 6" ~o ~
Pomerado Road Soulldwall
13100 block Trim (1) Camphor 6" /2-
13200-13240 Trim (2) Sycamore 7" '2- "Z""I-
Trim (2) Camphor 5-6" 1(:_ 2.'1
13240-13500 Trim (3) Sycamore 6-8" }"Z. 3,b
Trim (4) Camphor 6-8" /2 '1(1
13500-13800 Trim (8) Sycamore 5-9" }z "fob
(4) Camphor 6-9" I"Z 4f3
13800-13900 Trim (4) Sycamore 5-7" )7 <;9
13900-14000 Trim (9) Sycamore 5-7" Iz log
Trim (I) Camphor 6" I?..
14000-14300 Trim (6) Sycamore 5-6" I ""L 7;?
Trim (3) Camphor 6" I"Z 31:.
Twin Peaks Road Landscaped Ri.hts-of-Way
S/S 13100-13400 Trim (27) Eucalyptus 6-12" ?s-' ~7S
S/S 13400-13600 Trim (29) Eucalyptus 5-11" ?O ~o
N/S 13400-13600 Trim (12) Eucalyptus 7-13" 7..> 50D
S/S 13667-13700 Trim (10) Eucalyptus 6-9" "ZD "'Z&>o
SIS 14000-14050 Trim (I) Elm 16" 5b S-o
Trim (II) Eucalyptus 6-12" "25 :7?S
Lake Powav Park
14644 Lake Poway Rd Trim (22) Elm 10" 25:"' ~s-o
Trim (35) Sycamore 6-12" -z>" 675
Old Powav Park
14126 Sycamore Ave Trim (5) Eucalyptus 13-16" 75" ~/5
(head back/top heavy)
14156 Sycamore Ave Trim (I) Eucalyptus 50" SOo
(head back/top heavy) Trim (1) Eucalyptus 44" sc::o
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Park.~ nod l.andscapelEa.4Ieme,---'roiect Areas (cont'd)
. UNIT TOTAL
'.
LOCATION ACTION I::l.Q.. TYPE/S[~F: Q2SI Q2SI
Garden Road Park
14820 Garden Rd Trim (I) Pine 26" 100
Trim (I) Pine 25" 1190
Trim (1) Pine 19" 100
.community Park
Bowron Rd Trim (9) Cottonwood 'IS- ~os-
qettv Bendixon Park REm..",. f ,.> ~7'r~ "'000 130
~"'P
Old Pomerado Rd Deadwood (18) Oak $0 K40
Citv Hall Qpen SpacelTrail
13325 Civic Center Drive Trim (32) Cottonwood ~5" 11"20
.
Trim (10) Willow <tD '400
The Pond Open SDace
Old Pomerado Rd Trim (30) Eucalyptus '$9 /I'1D
,
Trim (5) Sycamore ,
"Z.5" I"Z!;>
'Tk.',.., c:.u:> e"'L. O~ 6 ">, 1,10 oV
Titan Wav Parkin~ Lot ,,<,o$/OC" li.ok I<- FbJ<.1;
11t,~,...., (FlU..) ~~S 1>"> Zoo
....., '10..- 8A<-1<..~
Titan Way Trim (1) Eucalyprus 40" 75"0
Trim (4) Eucalyptus 25-30" , "2 s;- 5'"CO
Trim (5) Eucalyptus 14-21" '5;;- /-,S-
Trim (22) Eucalyprus 6-12" -ZO 'l-LfO
Budwin Lane Parkin2 Lot
13711 1/2 Budwin Ln Trim (8) Eucalyprus 13-17" "IS- 5'60
Trim (2) Eucalyptus 12" 'IS;- <fa
SUBTOTAL JI, ILf, s-d3
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Lnndscnne M:lint~nance .trkt/F.asement Proiect Arens [Class IlJ
"
UNIT TOTAL
LOCATION ACTION till. TVPE/SI7:E CQSI CQSI
?,dohe R id~e I
SIS Camino del Norte Trim All Over 6" caliper or
wlo Pomerado Rd 20' in height 6~eo
Remove .'
(4) As marked /(90 ""<!lO
Adobe Rid~e II
Twin Peaks Rd to Trim All Eucalyptus within
Pomerado Rd [drainage 5' of adjacent fencing I 7. "tV
- ,
channel]
La Manda Dr Remove (I) Willow ISO
I Pomerado Rd @ Trim All Over 6" caliper or
Camino del Norte 20' in height '5.)00
[parallel slopes] /
Ted Williams Parkway
SIS top Jf slope Remove All Within 5' of soundwall l'1?O
...
Trim All Branches within 5' of
sound wall ~O
,COUntrv Creek Trim All Over 6" caliper or 1\7.0
.
[Twin Peaks Rd @ 20' in height
Tierra Bonita Rd]
Rio COUrl Trim (30) Eucalyprus 6 - 9" caliper GO hoo
Stone Canvon Ranch Trim All Over 6" caliper or
Espola Rd & Titan Way 20' in height Ib 4-V
,
The Groves Remove Eucalyprus within five
feet of soundwall ;;~
Trim E:ucalyprus, Dalance oT
,
Bridlewood Remove & (10) Eucalyptus 12" caliper
Lake Poway Rd Stump grind as marked /10 1.100
north side, west of ,
Summersage Rd to
Prairie Vista
.svcamnre Creek Remove & (4) Poplars as marked "2 IX> IS16lO
behind Birch Lane stump grind
South Poway Trim (4) Coral as marked '5' "2J:o
Community Rd @
Stowe Dr NW comer ..J/ ;<0, b4s
SUBTOTAL
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ADDENDUM NO.1
TO: ALL PROSPECTIVE BIDDERS
SUBJECT: CITY OF POWAY
PUBLIC SERVICES DEPARTMENT
ASCAL YEAR 1995/96
TREE PRUNING PROGRAM
BID NO.: 006-95-96, Opening - November 29, 1995
DATE: November 21, 1995
----------------------------------- ---- ----- -------------
The existing bid is to be amended as follows:
Page 12 Last Item: N/S Lake Poway Rd. east & west of Archery Range
Chanie: Trim (13) Eucalyptus 12-4.
12: Trim (6) Eucalyptus 12-24" and
.Ml;l: Stump Grind (7) Eucalyptus 12-24"
Page 15 Second Item: Community Park, Bowron Road
.Ml;l: Remove/Stump Grind (1) Cottonwood
Middle of Page: The Pond Open Space
.Ml;l: (30) Eucalyptus and (5) Sycamore - Inside fencing
.Ml;l: Trim (all) Eucalyptus and Cottonwood over 6" in
caliper and 20 feet in height - Outside back fencing
All bidders shall acknowledge receipt of this Addendum No.1 to Bid No. 006-95-96 by
signing in the space provided below. This affidavit must be signed and included with bid
for bid opening November 29, 1995.
ADDENDUM RECEIPT ACKNOWLEDGED BY:
d:,~~7 ;Z.~ 1\ / '2 7 J &15:
(Authorized Signature) (Date) I
DEC 1 9 1995 ITeM 21
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Calculate aU subtotals to arrive at a total cost [in figures] in the boxed spaces provided below. Ilu.
quantity of work may be increased or decreased deDendent upon the funding
available from fiscal year budgets.
AREA SUBTOTAL
City Rights-of-Way/Easement Project Areas I ;;) } '7';;;'3. CD
Parks & Landscape/Easement Project Areas J I . '5" J<-fjSI5.CJ...
. . I , ~ I
Landscape Maintenance District/Easement ~D)&L/5,CD
Project Areas
TOTAL BID AMOUNT
4'7/ I.
Total Amount of Bid in words:Fcrh./ -xvc:n --I::l---ri J"SarQ ~ht hu..rOn:;d
nL'rek.f - doUDJS
Any additional work that may be added to the contract at a later da:: Wi~~ be
negotiated between the City Q,f Powav and the Contractor awarded e b' .
If available [not required]: Cenified Arborist NT8:JI
Execution within five (5) days following notification of the proposal, the below signed agrees to enter
into a Contract with the City of Poway on the form of Contract provided to stan the above noted services.
Cl:fbs t:r1"trDnn-=-m:U &'5. :Jnc. qc= Oil lie 'Dr. X' ~LIaf '
Contractor Address and Phone . q' 77
(1oIctX4&3- /707 )
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1.10 Bidder'~ Statement or FinanciAl R~DOmibilitv T~hniral A~ilitv 2nd Exnerience
(The Bidder is required to state what work of a similar character to that included in the
proposed Contract he has successfully performed and give reference which will enable the City Council
to judge his responsibility, experience, skill, and business training.)
The undersigned submits herewith a statement of his financial responsibility.
The undersigned submits below a statement of the work of similar character to that included in the
proposed Contract which he has successfully performed. At a minimum, this document should include:
. The names of the company and/or individual(s) and all subcontractors, with qualification
summaries of all individuals who will be assigned to this site. Similar work performed by the
proposing (bidding) finn/individual in the past should also be included.
Ernp/cyee:s of- OJ loS
. A proposed work program. including descriptions of the tasks and methodologies [0 be used:
I.5. A. -=forcJQ rrls
~~ ZK Signed
.
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1.11 Inronnation Reouir@d or Bidder
The Bidder is required to supply me following information. Additional sheets may be attached
if necessary.
1. AddressqO~ a. l OC 7;)('. ~I'9 \fa j JFJ 1: (Q . q I q 77
2. Telephone: (L,\Cl) 4~3-1701
3. Type of Firm (circle one): Individual < > Partnership ~orpora~
4. Corporation organized under me laws of me State of en l (~rn i 0...,
5. Arborist Certification No. [not reqUired]~<Xn'"
6. List the names and addresses of all members of the firm or names and titles of all officers of
the corporation:
~ J;C)<, m. {DC{: in 'PrE'SICJcrL
uhn 'S:-c . / T n::'C1c:v. r e r
,
1?Jr inn L. C rLj ( hce., Presided.,
7. Number of years experience as a contractor tree Pruning:;;;;()
s. List at least three projects completed as of recent date:
Contract
Amount Class of Work Date Completed Owner's Name/AddresslPhone
sq),rro-cv ~,~m~ ICJc1Lf ('~+y r:* Irvin--,
=..w-VLre...' rn.
Tree ~n~~~~~)
sJOJ;lXJJ'OD t'emcw:;U' IO-JQ.CiS
ICD ooo.co ~ee . 7-/If{qS {J.S. nnv,O
s I L(nrn~
~nDi~1 ro.
9. List the name of the person who inspected the sites of the proposed work for your
firm: 'BriCln I . rN 1
Date of Inspection: I I I;;B I W:::)
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,'_'
10. If requested by the City, the Bidder shall furnish a notarized financial statement. financial, data,
or other information and reference sufficiently comprehensive to permit an appraisal of his
current fmancial position.
1.12 List of Subcontractors
The Bidder is required to furnish the following information relative to the sub-contractors and suppliers
he proposes to use.
If all work is to be done without subcontractors, write "none" in the following space: rnnF
Name under which Class.! Address of Type of Work
Subcontractor is License Office, Mill Subcontractor
Licensed Number or Shop and Will Do
Telephone No.
================================================
.-.
SUPPLIERS
Name of Supplier Address & Telephone No T'1Ie of Material
-
20 DEe 1 9 1995 IiEM 21
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1.13 Non",Collu~ion Amd.:nit
To the City Council, City of Poway. California:
The undersigned in submitting a bid for performing the following work by Contract, being duly
sworn. deposes and says:
That he/she has not, either directly or indirectly, entered into any agreement, panicipated in
any collusion, or otherwise taken any action in restraint of free competitive bidding in cOMection with
such Contract, for:
CITY OF POWAY
TREEPRUMNGPROGRAM
s6~der 2 5- -
9032 Olive Drive
Business Address
Spring Valley, Calif. 91977
Place of Residence
Subscribed and sworn before me this ~ day ofT'Jc:N"e~ ,
19~
Notary Publi . and for the County of . @ CIOfIlMNl
^ 9Jn /'y'P(]T'l , State of California I CClM.I. tII '- f
NaIay~ - CaI,-
WI DlEl:o COUMv -
My commission expires '--f"flJ fJ .;) I: /qq::J J. ~~-.~V2~.I~J
(This affidavit shall be executed by the successful Bidder in accordance with instructions in the
Federal Requirements. but Bidder may execute the affidavit on this page at the time of submicting bid.)
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'.
-. .. .
. .1.1" . .
.,..
,
Bob Emery
Councilman, Oty of Poway - .
14360 Mountain Road
Paway, CA 9206&
(619) 748-3968
To: Mayor and members of the Qty Council
From: Bob Emery
Subject: Suggested Council actions regarding the implementation of
handgun controls at the local, state and nationa1levels.
It is apparent from previous opinions by the Poway City Attorney that the
City of Poway is preempted from the adoption of legislation that directly
prohibits the sale, distribution or possession of handguns. However, I believe
that there are a number of actions which can be taken by this Council that can
aid in the curtailment of handguns in our community and add support to
movements limiting availability.
Ten Point Plan of Action:
1. Direct the City Attorney to review all pending and future County, State and
Federal legislation that places limits on the possession of handguns and bring
them to Council for regular review and potential action.
2- Support all pending legislation that advocates the further restriction of
the availability of handguns, and transmit notice of Council support to the
appropriate legislative representatives.
3. Continue to pursue Mayor Higginson's call for the League of California
Cities to support all handgun controllf!8itlation.
4. Explore procedures for implementing and funding an exchange program
offering "goods for guns" in an attempt the remove guns from circulation.
(gifts at Christmas, tickets for local events, food coupons, swimming pool
coupons, sporting events, etc. are examples.)
S. Encourage any action that will make the sale and use of any handgun,
socially unacceptable, and unattractive, especially to the young.
DEe 1 9 1995 ITEM 3~A ·
I-'-t - "i. '1
~31B
- -------- ---~---~._---~-,--~"----_." ._-~--
,
. . -. ..
6. Use city publications to call attention to home safety procedures and how to
aeate a secure, handgun free environment.
7. Support all legislation that mandates prison sentences for any aime
involving firearms. ..
8. Support Governor Wilson's "Three Strikes and You're Out" initiative.
9. Subscribe to the fundamental right of safe, sane and gun-free homes,
schools and businesses.
10. Adopt policies that fadlitate the voluntary collection and destruction of as
many handguns as possible.
Handt" control
4Jan
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Page 7 - CITY OF POWAY - January 4, 1994
facts known to the City Attorney that are not required to be e public
that lead to the conclusion that litigation may be necessa . Motion by
uncilmember Cafagna, seconded by Councilmember Sn o to make the
fin' s that a closed session is necessary based on e representation of
the Ci ttorney. Motion carried unanimously.
28C. City Attorney requested a closed ses n pursuant to Government Code
154956.8 to instr the City Ma er and City Attorney who are
negotiating with Stanle ase the former Longs Drug Store to
Boney's.
280. ssion pursuant to Government Code
ures bankruptcy.
31A. Emery asked why State Fish & Game intends an bicycles
orses from the Green Valley Truck Trail through Blue S reserve
en limited auto traffic is on the road. Councilmember Callery ted
this is on the next agenda of the Friends of Blue Sky. John Anderso ),
Regional Director of Fish & Game, is now on their Board, and they will ....
discuss this. .~
31B. Councilmember Emery stated he turned in a hand gun to the Sheriff earlier
today that he has had at home. He felt if he was going to support any gun
control measures he was being hypocritical if he owned a gun.
Mayor Higginson noted there were many slips turned in to speak on this
issue. In response to query from Councilmember Snesko, Council member
Emery stated he preferred to hear the speakers before he made a
presentation.
Speaking in opposition to handgun control:
Marion Ponsford, 14112 Durhullen Drive.
Henry Ponsford, 14112 Durhullen Drive
Thomas Ponsford, 14112 Durhullen Drive.
Kenneth Notter, 1471 Calle Redonda Lane, Escondido, representing the
Escondido Fish & Game Association.
Sam Wil son, 13524 Hilleary Place, 'lOS, presented a copy of the
Federalist Papers to Mayor Higginson
Rod Van Orden, 4475 35th Street, San Diego
Bruce Skane, 3033 Conner Way, San Diego
Howard Stacklin, 13149 Tobiasson Road
Ed Carboneau, 14703 Pomegranate
Ray Yankowski, 13032 Gate Drive
Craig Busby, 13329 Casa Vista
Leticia Leon, 13449 Standish Drive
5088
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Page 8 - CITY OF POWAY - January 4, 1994
Speakers cited the Second Amendment to the Constitution as prohibiting any
restriction on citizens having guns; suggested we should be targeting the
criminal not the gun in same way Mothers Against Drunk Drivers target the drunk
driver, not the car; and suggested the city provide classes on gun safety.
Councilmember Emery read a portion of a letter from Frank Jordan, San Francisco
Mayor, to the National Rifle Association regarding the July 1 killings in his
city and presented a 10 Point Plan of Action. He acknowledged that the City is
preempted from the adoption of legislation that directly prohibits the sale,
distribution or possession of handguns, however he proposed actions that he feels
can aid in the curtailment of handguns in Poway.
Councilmember Snesko stated gun control is ineffective because the system fails
to punish criminals. There are 1700 persons on the street in California that
have been convicted of first degree murder and released for various reasons. He
feels citizens are afraid and should be allowed to purchase and possess guns.
Mayor Higginson stated that a majority of cities supported the League of
California Cities' Resolution Number 30 at their last annual meeting regarding
handgun control, but he agreed we need to address all the problems and support
a stronger criminal justice system. He noted that through the Redevelopment
Agency's Tax Increment Agreement with the County, we are giving the County $5
million for a new jail.
Council member Cafagna stated he feels that people have the right to have guns but
are in danger of 1 os i ng that right. He agreed we need to be enforci ng the
existing laws.
Councilmember Callery stated the community needs to rally around the kids who
need help. Personally she will not own a gun.
Motion by Mayor Higginson, seconded by Councilmember Emery, to support pOints 1,
4, 6, 7, 8, 9, and 10. Motion carried 4-1 with Councilmember Snesko voting "no."
These points are as follows:
1. Direct the City Attorney to review all pending and future County,
State and Federal legislation that places limits on the possession
of handguns and bring them to Council for regular review and
potential action.
4. Explore procedure for implementing and funding an exchange program
offering "goods for guns" in an attempt to remove guns from
circulation. (gifts at Christmas, tickets for local events, food
coupons, swimming pool coupons, sporting events, etc. are examples.)
6. Use City publications to call attention to home safety procedures
and how to create a secure, handgun free environment.
5089
. DEe 19 1995 ITEM 30A I
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Page 9 - CITY OF POWAY - January 4, 1994
7. Support all legislation that mandates prison sentences for any crime
involving firearms.
8. Support Governor Wilson's "Three Strikes and You're Out" initiative.
9. Subscribe to the fundamental right of safe, sane and gun-free homes,
schools and businesses.
(Councilmember Snesko left the room.)
Motion by Mayor Higginson, seconded by Councilmember Emery to request staff
report back on points 2, 3, and 5. Motion carried 3-1 with Councilmember Snesko
out of the room and Council member Cafagna voting "no." Those po i nts are as
foll ows:
2. Support all pending legislation that advocates the further
restriction of the availability of handguns, and transmit notice of
Council support to the appropriate legislative representatives.
3. Continue to pursue Mayor Higginson's call for the League of
California Cities to support all handgun control legislation.
5. Encourage any action that will make the sale and use of any handgun,
socially unacceptable, and unattractive, especially to the young.
- 32. Mayor Higginson stated the Interim Solid Waste Commission met on December
16, 1993 and they discussed several items: A) Facility (host) fee a
mitigation fee. Presently only the city of San Marcos is receivin he
host fee. Chul a Vi sta, San Di ego, and the County have i nc ed the
ticipated revenue in their budget. In order to fully fu hese fees
app imately $5 million is needed. Two possible source re refinancing
the de for North County Resource Recovery Associ (NCRRA) facility
and an in ase in the tipping fees. It h een referred to the
Budget/Audit ittee. B) The North County had a plan developed for
disposal of their sh which provide for uling trash out of the County
which is not practic at this tim The City of Carl sbad requested
further analysis and a su mmitt as formed. Councilmember Cafagna is
working with that subcommitte C) The Interim Agreement is proposed to
be amended to eliminate t surc ge and fines and the manner in which
the commi tment of w is return to a city if a final form of
governance is not proved by May 31, 4. This i tern will be on the
January 11, 19 agenda.
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5090 '.
DEe 1 9 1995 ITEM 3DP<. I
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INSTITUTE FOR LEGISLATIVE ACTiON RESEARCH & INFORMATION
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AQIiJJ::~MENT Of: UNDERSTANDINQ
City C""" fo,the City ., Poway. h"."." ,./e,,.d '" as 'City" ....
I8U.r~,... ~~ ,~, hereInafter referred to as 'ProPonent' enter Into this
Agreement f'Jf Understanding based UPon the fOl/owing facts:
"'''''on'nt 0'", '" hIS '" ._~ ;"~"st;" .nd d._.d by... As'es,,,,., P"CoJ
Number/s) ~ ~ .7-.,3 .. d. "} 0 _ 15- I -' Proponent desires to develop thIs
o'oo,,~ in "'0.,_ wi", th. .. 0' the City 'nd without th. "'..n", 0' a o"'''~d
development.
CI'; i, cO''''''d that ",ooonen, WIll "eal. d"",oo_, oons """fisfat"", t, CI~
and ""'urn. Om. "" .ffo~., City 'moIOye" n"".SSly on U"'''sf"",,,. d'''''loDm."
plans unle::; rify assists in directing Proponent.
e''''rl 'oon ~. 'bo-"'Oon" Ie,t!. CI~ will '''n' p,,,,,,,, z ''''''''g ",,0'"
filing "'y .,oll"'on fo. d",.loom.,,",on th. '-'n. und"'~Od;"g,
a. City ,,,, "nd" no decision "'th "."', '" "'y d'''''loom." 0'000"1 '" oa~
thereof.
b. City "" ",ce"" no '''''ence. '0_ ;" no",,,. ;" """"~ of . "HicW"
development plan.
c. Ci~ WIll make no reoresen~Oo", that w"' obliga" th, Ci~ '" re_ a deei'.n
in """ of 0' -., any d''''',me" 0'''''.... '" oa~ th"eo' ........nt ma,
SUbsequenl1y submit
d. · any d'"",-, O"""sall, "'b..,u.ntIy _d, ",o'on.nt "" O"'''d
a, ns SO" .... '''''"''''' risk with the Und'''';ond., that Ci~ has mad, no
representations UPon which PrOPonent may rely,
red; /,;l Ii 19.s- PrOPonent: ~.~R~~ ~:u~ ~
' . ~~ ~M-(A1.--"'~-
DEe I 9 1995 ITEM 32A,
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