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09-19-2017 Agenda PacketCITY COUNCIL REGULAR MEETING AGENDA September 19, 2017 -7:00 P.M. City Council Chambers 13325 Civic Center Drive , Poway , CA 92064 THE CITY COUNCIL ALSO SITS AS THE CITY OF POWAY PLANNING COMMISSION, POWAY HOUSING AUTHORITY, PUB LIC FINANCING AUTHORITY A ND SUCCESSOR AGENCY TO THE POWAY REDEVELOPMENT AGENCY CALL TO ORDER ROLL CALL Cunningham , Grosch , Mullin , Leonard , Vaus PLEDGE OF ALLEGIANC E PRESENTATION Recognition of Deputy Darin Smith, Sheriff's Station Deputy of the Mo nth for August PUBLIC ORAL COMMUNICATIONS Person s speaking during Public Oral Communi cations may address th e Co uncil on any subje ct matter within the Council's jurisdiction that is not listed as an item on the agend a . State law generally prohibits the Coun cil from taking action on any issue not in c luded on the ag e nda . Your concerns will be referred to staff. Comments are limited to three (3) minutes. NOTE: The agenda is posted and provided 7 days prior to the City Council meeting. By State Jaw, items can be added up to 72 hours prior to the meeting. Items with a "#" symbol are in preparation. If items are added after original agenda is posted, new items will be listed on an Amended Agenda posted the Friday prior to the meeting. For your convenience , a complete Agenda Packet is available for public review at City Hall and on the City's website at www.poway.org . Page 1 City of Poway-City Council Agenda -September 19, 2017 1. CONSENT CALENDAR (Approved By Roll Call Vote) The Consent Calendar may be enacted in one motion by the Council without discussion unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. 1.1 Approval of Reading by Title only and Waiver of Reading in full of Ordinances on Agenda 1.2 Ratification/Approval of Warrant Registers for the periods of August 14 through August 18, 2017, and August 21 through August 25, 2017 1.3 Approval of the August 15, 2017 Regular City Council Meeting Minutes, August 18, 2017 Special City Council Meeting Minutes, and the August 31, 2017 Special City Council Meeting Minutes 1.4 SB 1 Road Maintenance and Rehabilitation Account Funding Requirements 1.5 Award of Contract to Nu-Line Technologies, LLC, for the 2017 CMP Repair Project; Bid No. 18-002 1.6 Report of Emergency Repair Expenditures Pertaining to the 2017 Winter Storm Event Made Under Authority of Resolution No. 17-004 Adopted on January 24, 2017 2. ORDINANCE 2.1 Second Reading and Adoption of Ordinance No. 808 entitled "An Ordinance of the City of Poway, California, Amending Title 9 and Title 17 of the Poway Municipal Code, Prohibiting the Establishment of Marijuana Dispensaries, Cooperatives, and Collectives, and Prohibiting Marijuana Cultivation, Delivery, Manufacturing and Storage in All Zones within the City of Poway" City Manager's Recommendation: It is recommended that the City Council adopt Ordinance No. 808. 3. PUBLIC HEARING 3.1 Public Hearing and First Reading of Ordinance Adopting By-District Elections for City Councilmembers City Manager's Recommendation: It is recommended that the City Council take public input, introduce for first reading Ordinance No. 809 implementing a by-district electoral system, including adopting the voting district boundaries set forth in Map 133, and an election sequence whereby Council Districts 1 & 3 will be on the November 2018 ballot, and Council Districts 2 & 4 will be on the November 2020 ballot. Page 2 City of Poway-City Council Agenda -September 19, 2017 3.2 Introduction and First Reading of Ordinance Repealing Section 3.28.080 of the Poway Municipal Code and Adding a New Section 3.28.080 Pertaining to Purchasing City Manager's Recommendation: It is recommended that the City Council take public input; close the public hearing and introduce Ordinance for first reading by title only, waiving further reading; and schedule adoption of the Ordinance entitled "An Ordinance of the City of Poway, California, Repealing Section 3.28.080 of the Poway Municipal Code and Adding a New Section 3.28.080 Pertaining to Purchasing" for October 3, 2017. 3.3 Introduction and First Reading of Ordinance Amending the Poway Municipal Code References of Administrative Services to Finance Department, Director of Finance, or Director of Human Resources & Risk Management City Manager's Recommendation: It is recommended that the City Council take public input; close the public hearing and introduce Ordinance for first reading by title only, waiving further reading; and schedule adoption of Ordinance entitled "An Ordinance of the City of Poway, California, Amending the Poway Municipal Code References of Administrative Services to Finance Department, Director of Finance, or Director of Human Resources & Risk Management" for October 3, 2017. 4. STAFF REPORT 4.1 Adoption of a Resolution Authorizing the City Manager to Execute, on Behalf of the City of Poway, a Memorandum of Understanding (MOU), Effective July 1, 2017 through June 30, 2019 between the City and the Poway Firefighters' Association (PFA) and Approving the Fiscal Year 2017-18 and Fiscal Year 2018-19 Salary Schedules for Classifications within the Safety Employees Bargaining Group; and Adoption of a Resolution Appropriating Funds in the Fiscal Year 2017-18 Budget to Implement the Financial Terms of the MOU City Manager's Recommendation: It is recommended that the City Council 1) Adopt a Resolution authorizing the City Manager to execute, on behalf of the City of Poway, a Memorandum of Understanding between the City and the Poway Firefighters' Association, approved through a vote by the PFA, and approve the Fiscal Year 2017-18 and Fiscal Year 2018-19 Salary Schedules for Classifications within the Safety Employees Bargaining Group, retroactive to the start of the pay period that includes July 1, 2017; and 2) Adopt a Resolution appropriating funds in FY 2017-18 to implement the financial terms of the agreement with the PFA. 5. WORKSHOP None 6. MAYOR AND CITY COUNCIL-INITIATED ITEMS JIM CUNNINGHAM DAVE GROSCH Page 3 City of Poway -City Council Agenda -September 19, 2017 JOHN MULLIN BARRY LEONARD STEVEVAUS 7. CITY MANAGER ITEMS 8. CITY ATTORNEY ITEMS ADJOURNMENT The Poway City Council welcomes you and encourages your continued interest and involvement in the City's decision-making process. The City of Poway complies with the Americans with Disabilities Act. Upon request this agenda will be made available in appropriate alternative formats to persons with disabilities as required by section 202 of the American with Disabilities Act of 1990. 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 at 858-668-4530 at least State of California County of San Diego 24 hours before the meeting, if possible . ) ) ss. ) AFFIDAVIT OF POSTING I, Nancy Neufeld, CMG , 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 September 12, 2017, at 4 :30 p.m. Said meeting to be held at 7:00 p.m., September 19 , 2017, 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. Pa ge 4 Item 1.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on Agenda. 1 of 24 APPROVED D City of Poway COUNCIL AGENDA REPORT APPROVED AS AMENDED 0 (SEEMI DENIED REMOVED D D CONTINUED ____ _ DATE: TO: FROM: CONTACT: SUBJECT: Summary: Resolution No . September 19 , 2017 Honorable Mayor and Members of the City Council Peter Moote , Acting Finance Directo«~ Andrew White, Finance Manager 01/ 858-668-4426 or awhite@poway.org Ratification of Warrant Registers for the Periods of August 14 through August 18, 2017 and August 21 through August 25 , 2017 The attached warrant register reports for the periods of August 14 through August 18, 2017 and August 21 through August 25, 2017 , are submitted to the City Council for ratification/approval. Recommended Action: It is recommended that the City Council ratify/approve the attached warrant registers. Discussion: Weekly registers of audited demands are periodically submitted to the City Council by the Finance Director for ratification /approval. Date August 14 through August 18 Amount $1,327 ,042.31 Warrants for amounts in excess of $100 ,000 for this period include : Warrant Lake Poway Boat Dock Project Payroll 8-18-17 Check Number 00297883 00904370 Amount $ 347,243 .05 $ 544 ,532.72 September 19, 2017 Item # 1.2 2 of 24 Ratification of Warrant Registers September 19, 2017 Page 2 Date August 21 through August 25 Amount $5,645,796.92 Warrants for amounts in excess of $100,000 for this period include: Warrant All Risk Insurance Wastewater Transportation Charges Payroll 8-18-17 , Withholding Payroll 8-4-17, Retirement Freddie Mac Investment Caterpillar Financial Investment Freddie Mac Investment Environmental Review: This item is not subject to CEQA review. Fiscal Impact: Check Number 00298004 00298011 00904379 00904382 00904383 00904384 00904385 Amount $ 167,237.00 $ 818,134.00 $ 112 ,042.95 $ 117 ,706.24 $ 997,868.06 $1,016,910.00 $2,013,232.22 The total amount of warrants for the period of August 14 through August 18 , 2017, is $1,327,042.31 . The total amount of warrants for the period of August 21 through August 25, 2017 , is $5,645,796.92. Public Notification : None Attachments: A. Warrant Register for the period of August 14 through August 18, 2017 B. Warrant Register for the period of August 21 through August 25, 2017 Reviewed/Approved By : Wend y Kaserm a n Assistant City Manager Reviewed By: Morgan Foley C ity Attorney Ap~~ Tina M. White City Ma nager September 19, 2017 Item # 1.2 w The City of Poway Finance Director Submits the Following Register of Demands/or the period Run Date: 17-Aug-17 0 8/14/2017 -8//812017 and Recommends its Ratification/Approval: Page: I o/8 ... I,) .I>, Check Number Date Payee/Vendor Invoice Comment Fund Orgn Acct Prog Check Amt 00297873 18-Au9-17 @00005371 AO Reed&Co 279486A Plumbing Service and Repair Service 100 0419 4120 300 1,599.31 00297874 @00010566 A-Check Global 59-0519764 Medical screening 100 0501 4916 200 10.50 00297875 @_DClCl04762 Abcana Industries 1011185 Pool Chlorine 100 0203 4502 400 453.44 ------------------1011508 Pool Chlorine 100 0203 4502 400 541.38 1011682 Pool Chlorine 100 0203 4502 400 343.52 1011736 Poot Chemicals 100 0203 4502 400 614.96 ··--1011868 Pool Chlorine 100 0203 4502 400 302.29 ---·· Total for Check 00297875 2,255.59 00297876 18-Au9-17 @00010000 Aflac 740497 August 2017 Premiums 100 8619 581.60 00297877 @00011421 Airgas National Carbonation 33970605 Pool CO2 Tank 100 0203 4502 400 140.00 34010747 Pool Carbon Dioxide 100 0203 4502 400 116.70 -- )> = Total for Check 00297877 256.70 ~ 00297878 18-Au9-17 @00002106 Airgas USA, LLC 9066072288 Medical oxygen 100 0503 4750 200 251.60 :::T 00297879 ----American Construction & Supply, Inc. RW07-156 release of security deposit 761 8843 5980 900 10,000.00 ~ 00297881) -------------------------------------@00000114 American Rlgging & Supply 219286-00 600' Spool of 3/8" Amsteel Blue Synthetic Rope 231 0412 4760 300 1,227.28 ;,I. 00297881 @00006936 Aztec Landscaping Inc. 15578L-IN Titan Parking Lot: irrigation repair 100 0418 4770 300 173.28 )>00297882 @00000281 Beeds Embroidery 1781 Supervisor Shirts 211 0411 4928 300 261.23 00297883 @00011559 Bellingham Marine Industries, Inc. P1700189-1 Lake Poway Boat Dock Replacement 1634A 1000P 4120 100 347,243.05 00297884 @00011490 BeneTrac 547576 Employee Vendor Mgmt System -August 2017 100 8729 780.00 00297885 @00010051 Bernd, Michael SHOES 17-18 Safety Shoes 211 0411 4928 300 129.29 00297886 @00005327 Body Beautiful Car Wash of Poway, Inc 717 Code Compliance 100 0301 3130 100 12.99 cnoo297887 -----Brouillard, Robert P MDRA04-43 release of erosion control security 761 8363 5980 900 2,000.00 <D 00297888 @00011459 Brown & Bigelow 323293 LPDC C.I.T. Shirts 100 0202 4760 400 427.13 ;'00297889 @00006901 California Commercial Asphalt, LLC 185094 Asphalt: 4.03 Tons 211 0411 4520 300 282.38 3 185252 Asphalt: 73.24 Tons 211 0411 43208 300 5,131.92 C" ---·· (I) 185323 Asphalt: 46.85 Tons 211 0411 43208 300 3,282.77 ., 185380 Asphalt: 52.89 Tons 211 0411 43208 300 3,705.99 .... <D I,) Total for Check 00297889 12,403.06 ~00297890 18-Aug-17 ---Cedillo, Maria 2011950.001 Refund Deposit CP Permit 18265 100 0208 7471 400 200.00 -.J 00297891 @00000519 Childress, Debbora 3000.102.17 Instructor Payment Camps 2017 100 0208 4118 400 960.00 ;:;: 00297892 @00004515 Chillinsky, Michael 070117-073117 Contract inspection services 07/2017 100 0502 4112A 200 9,076.88 ~00297893 ---------------@00011480 Ciro's Landscaping Inc. 11752 Sheriff Station: landscape repairs 100 0504 4116 200 151.62 :it 11753 Library: landscape repairs 100 0206 4116 400 150.62 .... 11754 Fire Station: landscape repairs 100 0501 4116 200 108.22 I,) 11755 Fire Station #2: landscape repairs 100 0501 4116 200 106.53 .I>, Register of Demands Page 2 of 8 0 Warrants From 8/14/2017 -8/18/2017 -Check "' .I>, Number Date Payee/Vendor Invoice Comment Fund Ors.n Acct Pros. Check Amt 00297893 18-Aug-17@00011480 Ciro's Landscaping Inc. 11756 Public Works: landscape maintenance 100 0418 4770 300 102.74 11757 Public Works: landscape maintenance 100 0418 4770 300 793.00 Total for Check 00297893 1,412.73 00297894 18-Aug-17 @00002830 Costco Wholesale 775109431 PWAII Hands Refreshments forS-10-17 100 0400 1430 300 189.18 00297895 @00006320 CRAFCO Inc. 9401677591 Polytlex crack seal blocks 211 0411 4320A 300 2,430.43 --···-·- 00297896 @00011571 Crest Beverage, LLC 587319 Volunteer Appreciation Picnic Supplies 100 0200 4904 400 290.50 00297897 @00003482 Department of Pesticide Regulation RIELLO 2018 Riello: Laws, Maintenance and Right of Way 100 0418 3140 300 190.00 00297898 @00011482 Donovan, Char1ene 1000.100-01.17 Instructor Payment Camps and Summer 2017 100 0208 4118 400 4,949.40 00297899 -----Double AA Builders 81418-03 release of security deposit 761 8301 5980 900 3,914.15 00297900 Environmental Structures, Inc. ------------- G1447-04 release of security deposit 761 8325 5980 900 9,340.00 ---------------------------------00297901 @00003713 Ewing lnigation 3792017 Poway Road: irrigation supplies 100 0418 4770 300 36.64 3854973 Poway Road: irrigation supplies 100 0418 4770 300 17.07 ·-3880866 Aubrey Park: irrigation s~pply 100 0418 4770 300 594.91 Total for Check 00297901 648.62 00297902 18-Aug-17 @00000897 -----FedEx 5-837-30133 Overnight Mail to Kosmont 100 0014 3320 100 24.98 5-843-81110 State Clearing House MDRA14-036 100 0301 3320 100 58.07 ---5-850-78484A Ship Contract Documents 3501M 1000P 3320 600 34.11 5-850-784848 Ship Contract Documents 211 0411 3320 300 33.58 5-850-78484-B Return item 100 0104 3320 100 10.98 5-850-78484G Ship Contract Documents 211 0411 3320 300 27.91 5-850-78484D Ship Documents to Mercy Housing 5925B 5000P 3320 600 24.67 5-850-78484E Ship Documents to Villa de Vida 5925B 5000P 3320 600 24.67 Total for Check 00297902 238.97 00297903 18-Aug-17 @00001144 Ferguson Waterworks 0603897 Wrhse: Pipe Wrap Tape(24) 100 8189 103.44 CD 00297904 @00000915 Fire Etc. 105727 PGI 5 Ply Wildland Chaps Meets USFS 6170-4 211 0411 4120 300 701.33 -c-·-·· ----------------·------;-105727 ~GI 5 Ply Wildland Chaps Meets USFS 6170-4 100 0418 4120 300 576.90 3 105727 PGI 5 Ply Wildland Chaps Meets USFS 6170-4 510 0402 4120 300 1,833.79 CT 105727 PGI 5 Ply Wildland Chaps Meets USFS 6170-4 231 0412 4120 300 301.33 CD ... ... Total for Check 00297904 3,413.35 CD -00297905 18-Aug-17 @00007277 Flint Trading Inc. 213829 Stencils 231 0412 4760 300 717.50 000297906 ----Garcia, Carissa 2011940.001 Refund Deposit OPP Permit 19266 100 0205 7471 400 300.00 ------.i00297907 @00010652 Garda CL West Inc. 20242857 Armored Car Service -Excess Items Jul 2017 100 0106 4120 100 51.19 --;;00297908 @00010119 Gemalto Cogent 363843 Fingerprinting-Jul 2017 100 0601 4934 100 6.30 3 00297909 @00005866 Global Door 16598 Bay door repair 100 0501 4304 200 236.25 '1:1: 00297910 @00005909 GovConnection, Inc. 55014059 HP Blade Server -Tyler Munis 1199A 1000P 6122B 600 15,610.83 ....a.00297911 @00001207 Grainger Inc 9514355289 Dock Supplies 100 0202 4760 400 46.93 i-, 00297912 @00004430 Hal Snyder, Signwriter 81117 OPP Train Crossing Replacement Signs 100 0205 4514 400 129.60 C1I Register of Demands Page 3 of 8 0 Warrants From 8114/2017 -8118/2017 -Check "' .I>, Date Pai.ee/Vendor Invoice Comment Fund Or&n Acct PrOfi. Check Amt Number 00297913 18-Aug-17 @00005130 Hanson Aggregates Pacific Southwest, Inc 1813170 Dump Fee 211 0411 43206 300 304.00 1814516 Crushed ~ggregate Base: 48.9 Tons 211 ----0411 4520 300 1,018.04 Total for Check 00297913 1,322.04 00297914 18-Aug-17 @00005214 Harbor Freight Tools 809479 Painting supplies 100 0418 4760 300 93.67 00297915 @00010898 Harper, Rick 6012.106-15.17 Instructor Payment Camps 2017 100 0208 4118 400 4,185.00 00297916 @00005088 Harper & Associates Engineering Inc ENG-5898 Consulting Services -Pomerado Reservoir Reh 1771 A 1000P 1799 600 12,480.00 00297917 @00010885 Harris Computer Systems MN00102677 AA Northstar Annual Maintenance Oct 2017-Sept 2 100 0102 4120 100 22,083.60 00297918 @00001447 Heaviland Enterprises Inc 13171-2017 LMD: 86-1A: irrigation repairs 264A 0422A 4770 300 117.74 13172-2017 LMD 86-1A: irrigation repairs 264A 0422A 4770 300 50.19 13173 LMD 86-1A: inigation repairs 264A 0422A 4770 300 25.78 ------------------ 13174 LMD 87-1: irrigation repairs 269 0425 4770 300 187.58 13175 LMD 83-1A: inigation repairs 272A ----0430A 4770 300 148.60 13176-2017 LMD 83-1A: irrigation repairs 272A 0430A 4770 300 305.61 13177-2017 LMD 86-1 A: irrigation repairs 264A 0422A 4770 300 154.41 13178 LMD 83-1A: irrigation repairs 272A 0430A 4770 300 16.08 13179 LMD 83-1 B: irrigation repairs 2726 04306 4770 300 23.40 13180-2017 LMD 86-1 A: irrigation repairs 264A 0422A 4770 300 57.59 13181 LMD 86-1C: irrigation repairs 264C 0422C 4770 300 209.68 --·------------- 13182-2017 LMD 86-1A: irrigation repairs 264A 0422A 4770 300 183.92 13183 LMD 86-1A: irrigation repairs 264A 0422A 4770 300 80.92 --- 13184 LMD 86-1A: irrigation repairs 264A 0422A 4770 300 34.18 13185 LMD 86-3A: inigation repair 267 0424 4770 300 200.74 13229 Reservoir: trim plant vegetation 510 0402 4116 300 868.74 ·--13230 LMD 87-1: irrigation repairs 269 0425 4770 300 190.15 --,. 13233 LMD 87-1: irrigation repairs 269 0425 4770 300 252.27 CJ) -- CD 13234 LMD 87-1: irrigation repairs 269 0425 4770 300 266.36 "lj 13237 LMD 83-1A Adobe Ridge I 272E 0430E 4116 300 71.83 .... CD 13237 LMD 83-1A Adobe Ridge I 2721 043DI 4116 300 70.55 3 13237 LMD 83-1A Adobe Ridge I 272J 0430J 4116 300 71.83 CT CD 13237 LMD 83-1A Adobe Ridge I 272H 0430H 4116 300 70.55 ... . . --.... 13237 LMD 83-1A Adobe Ridge I 272F 0430F 4116 300 301.75 <D . "' 13237 LMD 83-1A Adobe Ridge I 510 0402 4116 300 1,734.00 0 13237 LMD 83-1A Adobe Ridge I 269 0425 4116 300 29,702.77 .... ..... 13237 LMD 83-1A Adobe Ridge I 267 0424 4116 300 911.21 ;:; 13237 LMD 83-1A Adobe Ridge I 264D 0422D 4116 300 315.35 CD -- 3 13237 LMD 83-1A Adobe Ridge I 264C 0422C 4116 300 371.03 ---· - =It 13237 ----- LMD 83-1A Adobe Ridge I 264A 0422A 4116 300 3,880.70 .... 13237 LMD 83-1A Adobe Ridge I 272A 0430A 4116 300 3,658.42 ;_, 13237 LMD 83-1 A Adobe Ridge I 2720 0430D 4116 300 105.83 a, Register of Demands Page 4 of 8 0 Warrants From 811412017 -8118/2017 -N Check ~ Number Date PaJ!..ee!Vendor Invoice Comment Fund Or!n Acct Pro! Check Amt 00297918 18-Aug-17 @00001447 Heaviland Enterprises Inc 13237 LMD 83-1A Adobe Ridge I 272G 0430G 4116 300 71.83 13239 Landscape maintenance: Kumeyaay July 2017 100 0418 4116 300 252.33 13240 Monthly Landscape Services 100 0418 4116 300 1,462.80 Total for Check 00297918 46,406.72 00297919 18-Au9-17 @00011543 Hercules Powered Equipment. Inc. 2573 PR#6 1907 Baldwin Steam Train Boiler Replacement 618 0205 6199 400 5,832.00 00297920 @00001502 Hinderliter, deUamas & Associates 027660-IN Sales Tax Consultant & Audit Services 3rd Qtr 2100 0103 7131 1000 24,796.18 027660-IN Sales Tax Consultant & Audit Services 3rd Qtr 2100 0103 1799 100 900.00 Total for Check 00297920 25,696.18 00297921 18-Aug-17 @00001645 Home Depot Commercial Account 0210035 Dock Supplies 100 0202 4760 400 139.51 1210028 Old Poway Park: repair supplies 100 0419 4760 300 32.20 --------- 3210005 Old Poway Park: repair supplies 100 0419 4760 300 37.18 ---- 3220184 PCPA Seating Repair Supplies 100 0204 4304 400 164.83 3220185 PCPA Battery and Padlocks 100 0204 ·- 4760 400 51.68 Total for Check 00297921 425.40 00297922 18-Au9-17 @00005034 Kane, Ballmer & Berkman 23632 --· RDA Legal Services for July 2017 100 0310 1702B 100 1,357.00 00297923 @00011224 Kelly & Assoc., Inc. 201707-33 Asphalt: trucking 211 0411 43208 300 5,218.22 00297924 -----Lai, Supanun 2011955.001 ------------------ Deposit Refund OPP Permit 19344 100 0205 7417 400 300.00 00297925 @00001518 Liebert Cassidy Whitmore MMBRSHP FY17-18 Employee Relations Consortium 7/1/17-6/30/1 100 0601 1799 100 895.50 00297926 @00005465 Mad Science of San Diego 2100.106.17 Instructor Payment Camps 2017 100 0208 4118 400 2,025.00 00297927 @00001630 Mayer Reprographics Inc 0019025-IN Produce Bid Spec Packages 1437A 1000P 4922 600 160.91 0019171-IN Produce Re-Bid Spec Packages 1101A 1000P 4922 600 234.37 Total for Check 00297927 395.28 00297928 18-Aug-17 @00005665 Medlin, Barry CONDER MEM Refreshments-Conder memorial (in lieu retirem 100 0010 4904 100 200.00 C/l 00297929 @00011498 Mission Consulting Services 00300 14145 Danielson Street FFA 100 0305 4122 100 1,200.00 CD ------------'O 00297930 @00006349 Motorola Solutions Inc. 13173427 Wrhse: Batteries (10) 100 8189 868.90 ...._ ________ ----~ 00297931 ----Murthy, Savitri 2011957.001 Deposit Refund CP 18556 100 0208 7471 400 200.00 C" 00297932 @00005825 Neal Electric, Inc 67777 Booster Pump Feed Repair 13251 Danielson 269 0425 4120 300 2,596.44 ~ 00297933 @00011232 Neopost USA Inc. 55043777 Maint. Agreement Inserter machine 7/26/17-7/2 100 0106 4308 100 972.00 .... 55061261 Postage machine meter rental -Sept 2017 100 !ti ·~- 0106 4308 100 56.96 N Total for Check 00297933 0 1,028.96 """ 00297934 18-Aug-17 @00011281 Nexlevel Information Technology, Inc. 20170720 As-needed consultation services for ERP syste 1199A 1000P 1712 600 525.00 00297935 @00005537 Ninyo & Moore 209220 As-Needed Special Inspection Services 1768A 1000P 1799 600 1,854.00 !ii 00297936 @00010578 Nyquest Consulting 1049 Banner/Oracle Technical Support 100 0104 1712 100 1,000.00 3 00297937 @00000775 Office Depot Business Services Division 951522627-001 Office Supplies -2nd Floor 100 0306 4710 100 55.49 '1:1: 951599485-001 Office supplies 100 0500 4710 200 68.29 .... N 952228190-001 Toner HP LJ CE255A. Black 100 0301 4710 100 118.50 ---·----- 953606546-001 Tabs, binders, paper, pens, detergent 100 0103 4710 100 4.85 "" Register of Demands Page 5 of 8 0 Warrants From 8/14/2017 -8118/2017 -Check N .... Date Payee/Vendor Invoice Comment Fund Orfi.n Acct Prog,_ Check Amt Number 00297937 18-Aug-17 @00000775 Office Depot Business Services Division 953606546-001 Tabs, binders, paper, pens. detergent 100 0106 4710 100 53.46 953606546-001 Tabs, binders. paper, pens, detergent 100 0106 4760 100 13.55 953606546-001 Tabs, binders. paper, pens, detergent 100 0601 4710 100 46.57 953608739-001 Staples ___ 100 0600 4710 100 6.45 Total for Check 00297937 367.16 00297938 18-Aug-17 @00004619 Orkin Exterminating, Inc. 159193205 Pest Control: Big Stone Lodge, July 2017 100 0014 4120 100 98.77 00297939 @00010649 Outdoor Creations, Inc. 6079 Picnic Table 100 -~ 0418 4826 300 969.75 00297940 @00006746 PARS 37983 Monthly Admin Fee -June 2017 100 8719 2,500.00 00297941 @00005469 Pavement Recycling Systems, Inc. E1626164 Pavement recycling 211 0411 43208 300 6,905.88 00297942 ~00010471 Peck's Heavy Friction Inc. Truck Parts ------ 269962R Unit920: Socket (1) Caliper (1). Guardian (2) 611 0413 4799 300 866.05 -------------------270014R Unit 920: Rotor (2), Caliper (1) 611 0413 4799 300 1,667.72 270032R Credit Invoice #269962 611 0413 4799 300 -746.24 270756 Credit Invoice #270014 611 0413 4799 300 -872.00 Total for Check 00297942 915.53 00297943 18-Aug-17 -----Pena-Baranda, Jorge 2011956.001 Refund Deposit CP Permit 17728 100 0208 7471 400 200.00 00297944 @00007109 Pinpoint Pest Control Co. Inc. 389510 Library: wasp nest control 100 0206 4116 400 125.00 -391759 Library: bee and wasp removal 100 0206 4116 400 85.00 Total for Check 00297944 210.00 00297945 1&-Aug-17 @00011632 Plasticplace 164485 Wrhse: Contractor Bags(20) 100 8189 679.80 164485 Wrhse: Contractor Bags(20) 100 8189 52.69 164485 Wrhse: Contractor Bags(20) 100 8644 -52.69 Total for Check 00297945 679.80 00297946 18-Aug-17 @000027 42 Poway Senior Center 843 Dishwasher Lease Reimbursement 08/02-08/29 100 0208 4120 400 145.35 en 00291941 _ .. ~00007106 Prast, Nancee PRAST -07/21/17 Honor Guard flags 1160A 1000P 4760 600 195.40 CD---------------------'lj PRAST-8/1/17 SVP supplies for Night Out 1160A 1000P 4760 600 85.81 .... CD 3 Total for Check 00297947 281.21 g-00297948 1&-Aug-17 @00005510 Progressive Technology Security Systems Inc 40058 Nelson House: upgrade security system 100 0205 4308 400 1,448.00 .:. 00297949 @00010911 R & B Pinto Properties LLC LKCONC 8/2-8/6 Weekly Concession Payment (8/2-8/6) & July C 100 8647 6,922.08 CD LKCONC 8/2-8/6 Weekly Concession Payment (8/2-8/6) & July C 100 0201 5116 400 -375.94 N T otat for Check 00297949 6,546.14 0 ... "'i 00297950 18-Aug-17 ----Redmond, Edward & Deanna MDRA04-11 release of erosion control security ---------761 8370 5980 900 2,000.00 ;:; 00297951 @00010841 RSCCD/Santa Ana College WELLNESS-2017 CD -------- Medical Exams 100 0501 4916 200 4,576.00 3 00297952 @00010166 Sage Vir:m lnc. 2930 Grove Maintenance -Ted Williams Grapefruit 100 -- 0418 4116 300 7,950.00 'it 00297953 @00002162 San Diego County Sheriff's Department CALID.0717-1217 Cal-ID Program costs 07/01/17-12/31/17 100 0504 4902 200 4,081.00 ;""00297954 @00002318 San Diego Gas & Electric 264803272-8/17 Meadowbrook Lights Electric 7/11-8/9/17 100 0201 2110 400 330.80 N00297955 @00007082 SANDAG/ARJIS AR171487 ARJIS -FY 18 Membership Renewal 100 0504 4120 200 30,180.00 a, Register of Demands Page 6 of 8 0 Warrants From 8//412017 -8118/2017 -Check ~ .i:,. Date PaJ:.ee/Vendor Invoice Comment Fund Or~n Acct ProG.. Check Amt Number 00297956 18-Aug-17 @00010037 Schumaker, Vernon SHOE 2018 Safety shoe allowance 2017-18 211 0411 4928 300 200.00 00297957 @00005845 Scripps/Poway Fence Builders 0804201704 Hillary Park: fence repair 100 0418 4120 300 500.00 00297958 @00004285 SDCFCA-Fire Prevention Officers Section 2017.MEMBERSHIP SDCFCA Membership-Canavan, Loperena, Po100 0502 4924 200 150.00 00297959 @00011053 SeatAdvisor Inc. 514306 Per ticket fee Box & INT-July 2017-PCPA 100 0204 5116 400 675.00 00297960 @00002814 Sharp Rees-Stealy Medical Center 310856932 Omori: OMV exam 100 0418 4916 300 110.00 00297961 @00010645 Siemens Industry Inc 5620013879 Park Lighting Repairs and Maintenance 100 0419 4120 300 346.04 ·--~------· 5620014659 Park Lighting Re~airs and Maintenance 100 0419 4120 300 228.05 Total for Check 00297961 574.09 00297962 18-Aug-17 @00011108 Skyriver Communications Inc. INV00083081 City Hall Backup Internet -September 2017 100 0106 2200 100 499.00 00297963 @00010851 Special Services Group LLC 7851 Replace Covert Track Stealth Device 100 0504 4899 200 937.43 ---------------------------- 7915 Covert Track Stealth IV GPS Tracker & Service 100 0504 6199 200 1,699.05 Total for Check 00297963 2,636.48 00297964 18-Aug-17 @00005200 SOS Video Communications 20171213 Telecasting Services -August 2017 100 0106 4120 100 400.00 00297965 @00005541 Statewide Safety & Signs, Inc 01003090 Message Board: July 4th 211 0411 4936 300 700.00 01003142 ~~-~tom signs: parks 100 0418 4514 300 862.00 Total for Check 00297965 1,562.00 00297966 18-Aug-17 @00006883 Stericycle, Inc. 3003928382 Medical waste disposal 100 0503 2910 200 3,216.52 ----------- 00297967 @00011616 Superion, LLC 140880 eTRAKiT Credit Card API 100 0104 4120 100 4,250.00 141009 Business License eTRAKiT Credit Card API 100 0104 4120 100 3,200.00 Total for Check 00297967 7,450.00 00297968 18-Aug-17 @00003143 Superior Ready Mix 883239 Poway Road: concrete 211 0411 4324 300 548.24 885185 Emulsion Oil 211 0411 43206 300 495.65 f/) Total for Check 00297968 1,043.89 .:g 00297969 18-Aug-17 --TRC RW08-19 release of security deposit 761 8914 5980 900 506.00 S' 00297970 @00002780 Thomson Reuters -West 836658975 Law Library Code Books 100 0012 4924 100 288.80 3 00297971 @00006357 Tomahawk 72485 Apparatus maintenance 100 0501 4308 200 249.39 CD 00297972 ---Tur1o, Frank MDRA01-13R release of erosion _control security 761 8327 5980 900 2,000.00 ::: 00297973 @00011617 Tyler Technologies Inc. 0445-198212 Tyler software licenses. implementation, data 1199A 1000P 4120 600 854.97 _<000297974 @00011594 UniFirst Corporation 360 1527365 Senior Center: mats 100 0419 4120 300 14.77 --~ 360 1527373 Parks: mats and uniforms 100 0419 4120 300 34.51 0 .... 360 1527373 Parks: mats and uniforms 100 0418 4928 300 26.41 --i ---·- 360 1529873 Fleet: Mats, Rags & Uniforms 100 0419 4120 300 44.28 S' 360 1529873 Fleet: Mats. Rags & Uniforms 611 0413 4928 300 13.58 3 360 1529874 Stormwater: uniforms 231 0412 4928 300 21.46 :it 360 1529875 .... Streets: uniforms 211 0411 4928 300 73.38 N 360 1529876 Wrhse: Uniforms 510 0410 4928 300 6.77 360 1529879 Facilities: uniforms 100 0419 4928 300 8.83 <D Register of Demands Page 7 of B 0 Warrants From 81/4120/7 -81/812017 -N Check .... Date PaJ;_ee/Vendor Invoice Comment Fund OrfJ..n Acct Prof!.. Check Amt Number 00297974 18-Au9-17 @00011594 UniFirst Corporation 360 1529884 Parks: uniforms 100 0418 4928 300 32.20 360 1529893 Public Works: mats 100 0419 4120 300 6.45 360 1529894 Twin Peaks: mats and mops 100 0419 4120 300 11.37 360 1529895 Meadowbrook: mats and mops 100 0419 4120 300 26.31 ----- 360 1529900 Parks: mats 100 0419 4120 300 9.89 Total for Check 00297974 330.21 00297975 18-Aug-17 @00011629 USAFact, Inc. 7080435 Background check -Director of Finance 100 0601 1799 100 85.98 ----·- 7081120 Background check 100 0601 1799 100 64.50 Total for Check 00297975 150.48 00297976 18-Aug-17 @00003270 Verizon Wireless 9790183512 Wireless Services: July 2017 100 0301 3311 100 0.22 9790183512 Wireless Services: July 2017 100 0301 2200 100 76.02 -~ 9790183512 Wireless Services: July 2017 100 0304 2200 100 -31.86 9790183512 Wireless Services: July 2017 100 0304 2200 100 114.03 Total for Check 00297976 158.41 00297977 1 &-Aug-17 @00002663 Village Lock and Key 9000 -2017 PCPAKeys 100 0204 4760 400 25.59 00297978 @00002730 Waxie 76845251 The Lake: sanitary supplies 100 0419 4720 300 148.31 76854354 The Lake: sanitary supplies 100 0419 4720 300 141.87 Total for Check 00297978 290.18 00297979 18-Aug-17 @00005639 West Coast Arborists, Inc. 128394 LMD 86-1A 264 0422A 4120 300 1,120.00 128395 LMD 86-2B 266 0426 4120 300 3,906.00 128396 LMD 87-1 269 0425 4120 300 11,246.00 128397 Lake Poway: prune 100 0418 4120 300 840.00 128398 Parks 100 (JI 0418 4120 300 62.00 Total for Check 00297979 17,174.00 .,, "C nr 00297900 18-Aug-17 @00002794 Western Mower and Engine 43363 Equipment repair 100 0501 4308 200 131.10 3 00297981 -----Wishnack Family Trust MDRA06-03 release of erosion control security 761 8637 5980 900 2,000.00 g 00297982 @00011636 Wolf, Emily PC LOAN 2017 PC loan for Dell laptop, Canon printer 100 8151 776.97 :. 00904369 16-Aug-17 @00011638 Superior Printing Inc. 3618138 Check scanner with 3 year warranty 100 0102 61226 100 1,358.57 ~00904370 17-Aug-17 @00003518 Union Bank-San Diego PPE 8113117 Transfer net payroll to Union Bank PPE 8/13/17 100 8003U 544,532.72 ~00904371 18-Aug-17 @00006266 Manufacturers & Traders Trust Co. Bank 457 PPE 8113117 ICMA 457 deferred comp deductions PPE 8/13/ 100 8617 30,968.61 ...a. 00904372 457R PE 8113117 ROTH 457 deferred comp PPE 8/13/17 100 8617 995.00 00904373 401A PE 8113117 401a employee/er deductions PPE 8/13/17 100 8618 11.151.57 S' 00904374 ROTH PE 8113117 ROTH IRA employee contributions PPE 8/13/17100 8627 850.00 3 00904375 RHS PPE 8113117 Retirement Health Savings Plan (Safety) PE 8/1100 8717 1,662.86 ,it 00904376 RHN PPE 8/13/17 Retirement Health Savings Plan (N/S) PPE 8/13100 8717 20.59 i..,_ 00904377 @00007243 U.S. Bank N.A. PARS ARS 1717 PARS ARS PE#17 100 8724 3,898.64 00904378 PARS REP 1717 PARS REP PE#17 100 8721 29,007.51 ..... Register of Demands Page 8 of 8 0 Warrants From 8//4/2017 -8/18/2017 S, Check N ~Number Date PaJ!_ee/Vendor 00904378 18-Aug-17 @00007243 U.S. Bank N.A. Finance Director Approved "' 1 . f ~ Date f/y// en CD "O ;- 3 C" CD ., ..... _<D N 0 ..... ...... ;- 3 'It ..... N Invoice PARS REP 1717 Comment Fund Orgn Acct Prog PARS REP PE#17 100 8721 ----- Total for Check 00904378 Register Total Check Amt 16,000.00 --~ 45,007.51 1,327,042.31 ..... The City of Poway Finance Director Submits the Following Register of Demands for the period Run Date: 24-Aug-17 ..... 8/2112017 -8/25/2017 and Recommends its Ratification/Approval: Page: I of 14 0 -N .... Check Number Date Payee/Vendor Invoice Comment Fund Orgn Acct Prog Check Amt 00297983 24-Au9-17 @00005371 AO Reed&Co 281441 Performing Arts Center: thermostat repair 100 0419 4302 300 819.00 -- 282395 Library: set control points 100 0419 4302 300 273.00 Total for Check 00297983 1,092.00 00297984 __ 24-Au_9_: 17_(@_000_04762 Abcana Industries 1012227 Pool Chlorine 100 0203 4502 400 687.03 ---00297985 @00006354 Advanced Chemical Transport, Inc. 152003 HazMat Removal: 85 gallons oily water 611 0413 2910 300 841.07 00297986 @00005218 Advanced Communications Systems 17516 Radio repair 100 0501 4318 200 331.10 00297987 @00000061 Agricultural Pest Control 427836 Citywide Pest Control Services 100 0419 4120 300 551.77 00297988 @00011421 Airgas National Carbonation 34107892 Pool Carbon Dioxide 100 0203 4502 400 93.05 --- 00297989 @00002106 Airgas USA, LLC 9066262130 Wrhse: Freezer Pops (4 bx) 100 8189 123.20 9066453630 Oxygen supplies 100 0503 4750 200 326.12 9932053179 Medical oxygen 100 0503 4750 200 20.70 l> 9932785502 Medical oxygen 100 0503 4750 200 21.39 = 9946967062 Oxygen supplies 100 0503 4750 200 1,414.05 Ill 9946967063 Oxygen supplies 100 0503 4750 200 564.56 0 :; 9946967064 Oxygen supplies 100 0503 4750 200 31.94 3 CD ::, 9947011049 WTP: cylinders (3) rented for breathing air 510 0402 4760 300 91.70 .... III Total for Check 00297989 2,593.66 00297990 24-Au9-17 @00000079 Allstar Fire Equipment, Inc 200616 --Equipment repair 100 0501 4308 200 718.64 00297991 @00004913 American lnnotek Inc 610449 Wrhse: Relief Bags(400) 100 8189 919.19 00297992 @00000148 APWA 773192 17/18 APWA Membership Renewal for 11/17-10/18 I 100 0400 4924 300 215.00 00297993 @00000152 Aramark Refreshment Services 1462229 Refreshment Services -City Hall 100 0106 4760 100 252.28 (J) 1462230 Refreshment Services -Public Works Ops 100 0106 4760 100 353.92 CD 1462231 Refreshment Services -Fire Station 100 0106 4760 100 789.68 "C it 1462232 Refreshment Services -Community Services 100 0106 4760 100 97.16 3 1465377 PCPA Monthly Cappuccino Equipment 9/17 100 C" 0204 4936 400 53.00 Total for Check 00297993 1,546.04 CD .. ~00297994 24-Au9-17 @00010111 AT&T 000010070916 BAN 9391026539 PCPA Long Distance Line 8/ 100 0204 3310 400 38.64 N 10059550 BAN 9391026542 07/16/17-08/05/17 269 0425 -~ 2200 300 19.89 0 10059552 BAN #9391026551 858-668-1726 100 ..... 0106 3310 100 913.27 .... 10059552 BAN #9391026551 858-668-1726 100 0106 2200 100 110.33 .. it 10070913 BAN 9391026535 07/10/17 -08/09/17 100 0418 2200 300 18.00 -··-----·-··- 3 10070914 9391026536: WTP SCADA/911 modem line 510 0402 3310 300 19.92 'II, 10070915 BAN 9391026537 OPP Museum Phone -8/17 100 0205 3310 400 55.88 -----..... 10070917 Fleet Modem BAN 9391026540 611 0413 3310 300 19.90 N 10070918 BAN 9391026541 07/10/17 -08/09/17 275 0470 2310 300 19.90 0 W m O r 0OO l0 0 MNNN0 7, M MhO O NN M MW r0MnOI (V V W OMMD) N V V W N NLL NL NL NL m1 m rn rn m o O''O o O oa0NM00MM0M0M0MOyt0DtDOOt0 O a0 tD tD t0 U IoMO W M O OEaNNvvv U m o ao lao m r r N I N N N N M N OVVCMam i M M M M M M m m m 313 3 r IL 00 m 00 U 0.00oNonra2o.nirnmMo1MNnNpNrIOInco000000OOO,o00000, O o o'O, M M M M N C'J MOOOOOOyMNOOUV2NNyWy'W0.. i s C p m w w 0 U U r n nO O O N N m j Q I QYI E!i liC E E c c' O N N a'a L L N N N W N t r Q Q'F Q'' C C 00 N N m N W W rn mem ole d O zlz to n n rn O H S'2 CO Q TN U M12 On C v 0 rc' a° m o a m .m' E E' c c U U W (O o v o M M O 0 0 0 0'. 0 0l r I m Q N 0 0 m a rn ..... Register of Demands Page 3 of 14 w Warrants From 8/2112017 -8/25/2017 0 Check -N Date Pagee/Vendor Invoice Comment Fund OrfI.n Acct ProfI. Check Amt '1>,Number Total for Check 00298006 1,355.00 00298007 24-Aug-17 @00011051 California Safety Products 2017-189 Wmse: Tshirts(48), Hats(36) 100 8189 754.79 00298008 @00000398 Calolympic Safety 362691-1 Wrt,se: Lifeguard Hat (24) 100 8189 156.02 00298009 --Chung, Chui 20982913-30 Closing Bal. Refund Overpymnt (20982913-30) 510 8120 259.30 00298010 @00011480 Ciro's Landscaping Inc. 11750 Fire Station #1 100 0204 4116 400 290.19 11750 Fire Station #1 100 0501 4116 200 1,329.44 11750 Fire Station #1 100 0504 4116 200 290.19 11750 Fire Station #1 510 0402 4116 300 334.52 11750 Fire Station #1 100 0206 4116 400 435.33 11750 Fire Station #1 100 0418 4116 300 1,523.59 Total for Check 0029801 O 4,203.26 00298011 24-Aug-17 @00000539 City Treasurer 1000202690 FY18/Qtr 1: Metro Sewerage System 520 0403 2810 300 818,134.00 00298012 1000202693 FY18/Qtr 1: North Basin Sewerage Sys O&M 520 0403 2820 300 19,382.00 00298013 780584 ~roject#502728, Job 968923, ROW Pennit 17 1829A 1000P 5730 600 12,084.00 00298014 @00011626 Clear-Com LLC 1681848 Repair of Clear-com head set 100 0204 4308 400 535.00 00298015 @00010834 Clinical Laboratory of San Bernardino Inc. 957761 Annual Wastewater Analysis Services 520 0403 1708 300 134.00 00298016 @00011030 Colantuono, Highsmith & Whatley, PC 33452 RPITF Legal Services 17% Share -Jul 2017 100 0310 17028 100 711.19 00298017 @00011614 CommCinema Mobile Digital Cinema 081217-04 Movie in the Park Production Services 100 0208 4120 400 91.12 00298018 @00005816 Commercial & Industrial Roofing Co., Inc. MR1968-1R Public Works Operations: repaired roof leaks 100 0419 4304 300 1,306.71 MR1969-1R Public Works Admin: inspect and clean 100 0419 4304 300 225.94 MR1972-1R Garden Road: inspect and clean 100 0419 4304 300 203.01 MR1975-1R Starridge Park: inspect and clean 100 0419 4304 300 107.08 Total for Check 00298018 1,842.74 00298019 24-Aug-17 @00011639 Community Day Events, Inc. COMMOAY Community Contribution 2017 Community Days 100 0010 4904 100 2,500.00 CD 00298020 @00004966 Conceptual Designs POW0717 7/3/17: WTP SCADA service call 7/3/17 510 0402 4120 300 680.00 -s.-00298021 -----------------------@00011283 Coroclata Shredding, Inc. 1162555 Shredding through 7/31/2017 100 0011 4120 100 324.36 CD 3 00298022 @00003472 County of San Diego DEH 10377391-17/18 Facility permit renewal -Station 3 100 0501 5730 200 547.00 g-00298023 10374544-17/18 Facility permit renewal -Station 2 100 0501 5730 200 547.00 -, 00298024 E-60499-0717 -Cust #2001119: 7/23/17, 13000 Kirkham Wy 510 0406 5730 300 459.00 00298025 E-60508-0717 Cust #2001119: 7/23/17, 13350 Kirkham Wy 510 0406 5730 300 459.00 ....,00298026 E-62078-0717 Cust#2001119: 7/23/17, 12127 Kirkham Rd 510 0406 5730 300 344.25 ~00298027 E-62155-0717 Cust #2001119: 7/23/17, 11905 Community Rd 51 O 0406 5730 300 426.00 ..... 00298028 @00000813 Cox Communications 6918601-8/17 Cable TV -Fire Station 1 -Aug 2017 100 0106 2200 100 9.57 ;" 00298029 @00000946 Cues Inc 488114 10/2/17-10/1 /18: Granite software support 520 0405 4120 300 3,600.00 3 00298030 @00000949 Culligan Water Conditioning 1071686 FY 2017/2018 Water Softener Equipment Rent 510 0402 4120 300 280.00 :it 90803324 FY 2017/2018 Water Softener Equipment Rent 510 0402 4502 300 422.38 ..... -·· N Total for Check 00298030 702.38 ..... Register of Demands Page 4 of 14 .... Warrants From 8121/2017 -8/25/2017 0 Check -i-l ,1>.Number Date Payee/Vendor Invoice Comment Fund Orfi.n Acct Pro/I. Check Amt 00298031 24-Aug-17 @00011458 David C. Johnson Theatrical Lighting Inc. 17112 Non-Dim module for COBO Dimmer Rack 100 0204 4899 400 1,992.56 00298032 @00011333 Delta Systems Engineering tnc. 14296 Arc Flash Compliance Study 1764A 1000P 1726 600 1,146.14 14296 Arc Flash Compliance Study 1769A 1000P 1726 600 3,536.00 Total for Check 00298032 4,682.14 00298033 24-Aug-17 @00003482 Department of Pesticide Regulation NUNEZ 2017 Mario Nunez: November Temecula training 100 0418 3140 300 190.00 00298034 @00003818 Dion International 02SMl11006 Unit 930: Valve Arm (1) 611 0413 4799 300 204.42 02SMl11014 Unit 930: Filter (1) 611 0413 4799 300 98.57 Total for Check 00298034 302.99 00298035 24-Aug-17 @00000752 E-W Truck & Equipment Company, Inc 56982 Unit 50: A/C Repair 611 0413 4312 300 1,661.98 57117 Unit 50: HVAC Harness (1) 611 0413 4312 300 831.43 ------- Total for Check 00298035 2,493.41 00298036 24-Au9-17 @00006995 Enniss Inc. 973547 ------12.04 tons of washed sand 11.56 tons crushed 231 0412 4760 300 716.01 00298037 @00004968 Evoqua Water Technologies LLC 903212574 8/1/17: Old Coach -odor control product deliver 520 0403 4502 300 1,683.49 903212574 8/1/17: Old Coach-odor control product deliver 100 0419 4502 300 721.49 Total for Check 00298037 2,404.98 00298038 24-Aug-17 @00003713 Ewing lnigation 3921857 Irrigation Supplies 100 0418 4770 300 72.54 3929951 A~~~~~~: irrig~!i?~-~u_pplies 100 0418 4770 300 428.72 -------3937712 Lake Poway: irrigation supplies 100 0418 4770 300 545.48 Total for Check 00298038 1,046.74 00298039 24-Aug-17 @00011142 Eye/Comm, Inc. 50461 MCUP17-005 Occupant Noticing 100 0301 4120 100 349.29 00298040 @00006933 Fastenal Company CAPOW41386 Nuts and Bolts 231 0412 4760 300 -3.23 CAPOW41618 Water Dist: cut segmented diamond saw blade 51 O 0404 4760 300 245.30 (J) CAPOW42320-1 Fleet Shop: Hand Cleaner (2) 611 0413 4760 300 6.29 (I) CAPOW42365 Water Dist: yellow zinc finish hex cap screl/v'S 510 0404 4760 300 17.41 "C .... CAPOW42457 Water Dist CREDIT Ref CAPOW42365 510 0404 4760 300 -8.49 (I) 3 CAPOW42458 Water Dist yellow zinc finish hex cap screws 510 0404 4760 300 17.83 er CAPOW42~6 ___ WTP: stainless steel hex cap screl/v'S 510 0402 4760 300 53.19 (I) .. ..... Total for Check 00298040 328.30 CD ~00298041 24-Aug-17 @00000897 FedEx 5-901-96575 Mail contract documents (Carahsoft Technolog 100 0104 3320 100 23.74 ~00298042 @00001144 Ferguson Waterworks 0603916 R17: ball corp stop, bushing 510 0402 4760 300 62.89 ..... 0604402 Wrhse: Adapters(6), Stops(?) 510 8189 297.40 ------ S" 0605001 Wrhse: Cap & Chain (10) 510 8189 215.50 3 Total for Check 00298042 575.79 ~ ....,00298043 24-Aug-17 @00010449 Filipino Press 5306 Notice of Election -Filipino Press 100 0100 8693 100 175.00 i-l 00298044 @00000915 Fire Etc. 106404 Personal protective equipment 100 0501 4760 200 285.54 ..... Register of Demands Page 5 of 14 en Warrants From 812 I/2017 -8125/2017 0 Check -N ~Number Date Payee/Vendor Invoice Comment Fund Orfi.n Acct Profi. Check Amt 00298045 24-Aug-17 @00011370 Flyers Energy LLC CFS1460435 Fuel: Safety Services 07/16/17-07/31/17 611 0413 3120 300 750.29 00298046 @00001085 Garnishment Recipient PPE 8113/17 Payroll Garnishment 100 8620 100.00 00298047 @00005866 Global Door 16614 Apparatus Door Repair 100 0501 4304 200 216.75 00298048 @00010003 Goldfarb & Lipman LLP 124103 Legal Consulting-Oak Knoll Affordable Housing 5925B 5000P 17028 600 3,150.00 00298049 @00001207 Grainger Inc 9508914919 Reservoirs: round base magnets for antennas 510 0402 4760 300 109.69 9519585740 Wmse: Battery (6) 100 8189 84.24 9520378804 Wrhse: Beverage Cooler (10) 100 8189 154.41 Total for Check 00298049 348.34 00298050 24-Aug-17 @00001208 Grangetto's Agriculture Supply 561828 Irrigation supplies 100 0418 4770 300 87.72 00298051 @00001157 Haaker Equipment Company C34055 Unit 7: Ball Valve(2). Air Cylinder(2) 611 0413 4799 300 247.05 ------ 00298052 @00001239 Hanington Industrial Plastics Inc 004H7860 Ammonia scrubbertank: spherical rib/rod packi 510 0402 4760 300 392.54 004H7968 WTP sludge washdown: 2" actuator valve 510 0402 4760 300 530.59 ---004H8054 WTP: 2" nut square; 4" flange PVC 510 0402 4760 300 192.81 004H8055 WTP ammonia sump valve: misc. install parts 510 0402 4760 300 192.81 ----- 004H8093 WTP: buttelily valve 510 0402 4760 300 997.77 004H8094 WTP: buttelily valve 510 0402 4760 300 997.77 Total for Check 00298052 3,304.29 00298053 24-Aug-17 @00001603 HD Supply Waterworks H605427 Wrhse: Stop Ball Valve(3) 510 8189 694.99 00298054 @00005500 Hill Brothers Chemical Co. 07024341 FY 2017/2018 aqua ammonia supply 510 0402 4502 300 3,259.37 07025037 FY 2017/2018 aqua ammonia supply 510 0402 4502 300 -3,259.37 07025039 FY 2017/2018 aqua ammonia supply 510 0402 4502 300 3,490.42 Total for Check 00298054 3,490.42 00298055 24-Aug-17 @00001645 Home Depot Commercial Account 0210034 Facilities: microwave 100 0419 4760 300 113.14 0210036-2017 Old Poway Park: repair supplies 100 0419 4760 300 47.77 en ---· CD 1210029 WTP: bulk tank, signs 510 0402 4760 300 50.84 "l:I --·--· ... 4210027 Templar's Hall: repair supplies 100 0419 4760 300 11.16 CD --- 3 5210014 Fleet Stock: Fuses (5) 611 0413 4799 300 16.81 er 5220248 Senior Center: repair supplies 100 0419 4760 300 28.68 CD --. --., 5220253 Tony Gwynn Memorial: repair supplies 211 0411 4760 300 141.01 ..... . ---"' 5220257 Senior Center: repair supplies 100 0419 4760 300 12.51 N 7220220 Lumber 211 0411 4760 300 43.03 0 7220223 Aubrey Park: repair supplies 100 0419 4760 300 26.86 ..... " 7220224 Lake Poway: repair supplies 100 0418 4760 300 360.06 ... 8220159 R2 solarflevel trans: strut channel, hex bushing 510 0402 4760 300 50.58 (I) 3 Tatar for Check 00298055 902.45 :it ......1. 00298056 24-Aug-17 -----Howard, Nicole C. 12004400-13 Credit Bal. Refund (12004400-13) 510 8120 181.11 N00298057 Huey, Kevin & Lindsay VAR15-006 VAR 15-006 Erosion Control security release 762 0399 5980 100 2,000.00 ..... Register of Demands Page 6 of 14 O> Warrants From 8/21/2017 -8/25/2017 S. Check N .f>Number Date Pagee/Vendor en CD 1 3 CT CD .. ..... ·'° N 0 ..... ..... it 3 =II: ..... is, 00298058 24-Aug-17 @00006463 !nfoSend 00298059 00298060 00298061 00298062 00298063 00298064 00298065 00298066 00298067 00298068 00298069 00298070 00298071 00298072 00298073 24-Aug-17 -----Jones, Taylor @00001690 Knorr Systems Inc. @00001704 Kosmont Companies 24-Aug-17 @00007260 LaTour, Andrew @00001434 League of California Cities ---------------- @00001435 Leatherman, Richard @00001518 Liebert Cassidy Whitmore ----------- @00004118 Life-Assist. Inc. 24-Aug-17 @00001522 Lighthouse Incorporated @00010248 Lounsbery Ferguson Altona & Peak LLP @0001,1191 Matchett, Vivian ----Mc Clain, Jeff @00004787 MK Signs and Banners ----Morales, Bill @00001840 Napa Auto Parts/Poway Invoice 124712 124712 MDRA16-005 Sl1936736 1705.12-003 1705.3-003 PC LOAN 2017 12022 6005.100-04.178 1445254 811111 811213 0360326 AUGUST 2017 1001.100-01.17 36702900-01 10798 2011978.001 235543 ---· 235684 --- 235685 236750 236911 237204 ---- 237205 237211 237222 237271 237586 --- 237598 237689 237671 237820 237822 --- 237900 Comment Fund Oran Acct Proo Check Amt Mailing Statements 8-1-17 to 8-16-17 100 0102 4120 100 763.51 Mailing Statements 8-1-17 to 8-16-17 100 0102 3320 100 1,302.49 Total for Check 00298058 2,066.00 MDRA16-025 Erosion Control Security Release 762 0399 5980 100 2,000.00 Pool Cover Panel -20' X 102' 4" 611 0108 6126 100 9,336.94 RFQ: Real Estate Transa~!ion Advisory Servic 100 0014 1799 100 2,398.50 Real Estate Trans & Econ Proj Finance Adv Sv 100 0014 1799 100 8,422.70 Total for Check 00298061 10,821.20 PC Loan for 13" MacBook Pro 100 8151 1,500.00 Sr. Human Resources Analyst Job Ad 100 0601 4934 100 250.00 ----------------- Instructor Payment Summer 2017 100 0208 4118 400 2,688.00 Professional Services Rendered through 7/31/1 100 0601 1702B 100 630.00 Medical supplies 100 0503 4740 200 3,264.60 Medical supplies 100 0503 4740 200 2,045.63 Total for Check 00298066 5,310.23 Fleet: Strobe Light(1)-RGuzman personal vehi 611 0413 4760 300 172.35 SD Co-Permittees State Mandates Claim (Star 1 00 0308 17020 100 538.00 ------------ Instructor Payment Summer 2017 100 0208 4118 400 571.20 Closing Bal. Refund Overpyment (36702900-01 510 8120 ·- 312.44 Rendezvous Banner Update 100 0205 4932 400 59.26 Refund Deposit Permit #18802 100 0205 7471 400 100.00 Unit 83: Fuel Pump Assembly (1) 611 0413 4799 300 197.71 Units 48A & 43A: Oil Filter(2) 611 0413 4799 300 11.53 unit 50: Clamp(2) 611 0413 4799 300 24.76 Lake Poway: pans for gator 100 0418 4308 300 11.84 unit 541: Solenoid(1) 611 0413 4799 300 38.22 Unit 541: Solenoid (1) 611 0413 4799 300 Credit Invoice 236911 611 0413 4799 300 -38.22 Unit 83: Hose(2) 611 0413 4799 300 18.45 Unit 775: Filters(2) 611 0413 4799 300 56.56 Unit 541: Staner Button (2) 611 0413 4799 300 18.45 Fleet Stock: Filters (5) 611 0413 4799 300 103.74 Fleet Stock: Filters (2) 611 0413 4799 300 56.56 Fleet Stock: Filters(3) 611 0413 4799 300 33.06 Fleet Stock: Air Filter(1), Switch(1) 611 0413 4799 300 24.48 Fleet Stock: Fluid DOT (4) 611 0413 4799 300 63.53 Unit 83: Seat Cover (1) 611 0413 4799 300 21.54 Fleet Stock: Filters(?) 611 0413 4799 300 111.55 .... Register of Demands Page 7 of 14 ...., Warrants From 8/2112017 -8125/2017 0 Check -N .f>.Number Date Payee/Vendor Invoice Comment Fund OrfI.n Acct Pro2, Check Amt 00298073 24-Aug-17 @00001840 Napa Auto Parts/Poway 238390 Fleet Stock: Fluid DOT (1) 611 0413 4799 300 17.23 238391 Unit 77A: Oil Filter(1) 611 0413 4799 300 3.92 Total for Check 00298073 819.02 00298074 24-Aug-17 -----Napier, Luke 2011973.001 Refund Deposit Permit# 19161 100 0205 7471 400 200.00 -~--·-·- National Demographics, Inc. 2017-111 Demographic Services for By-District Elections 100 0013 1799 100 23,500.00 00298075 @00011620 --· ··--00298076 -----Nguoi Viet 7982 Notice of Election Viet Today 100 0100 8693 100 30.00 --·- 00298077 @00010905 North County Buick Cadillac GMC 168854 Unit 95: Filter (2) 611 0413 4799 300 64.84 168862 Unit 29: Valve (1) 611 0413 4799 300 43.34 ----·--168879 Unit 33: Bumper (2) 611 0413 4799 300 102.38 -----. -- 168885 Unit 33: Hose (1) 611 0413 4799 300 125.77 169242 Unit 93: Control (1) 611 0413 4799 300 81.74 ---- Total for Check 00298077 418.07 00298078 24-Aug-17 @00000775 Office Depot Business Services Division 948982385-001 PCPA Office Supplies 100 0204 4710 400 66.38 953690619-001 Office supplies 100 0501 4710 200 161.06 953950764-001 Office supplies 100 0500 4710 200 128.11 95627 4991-001 2 Boxes Paper/Post-It 100 0305 4710 100 76.39 Total for Check 00298078 431.94 00298079 24-Aug-17 @00003940 Olympic Coatings 22039 Northcrest PR valve: po\Yder coat 8" spool 510 0402 4760 300 113.14 00298080 @00011474 Pacific Aquafarms 106205 Catfish Stock -Delivery 8/4/17 100 0202 45228 400 4,940.00 106451 Catfish Stock-Delivery 7171~7 100 0202 45228 400 4,940.00 Total for Check 00298080 9,880.00 00298081 24-Aug-17 @00002099 Parkhouse Tire Inc 3010256140 Unit 90A: Tires (4) 611 0413 4799 300 796.16 3010258068 Units 748 & 507: Tires (4) 611 0413 4799 300 849.37 en ---- CD Total for Check 00298081 1,645.53 "C lo00298082 24-Aug-17 @00002346 Physio-Control lnc. 117061843 Lifepak 15 V4 monitor/defibrillator 611 0108 6124 100 26,881.10 3 00298083 -----Portugal, Jake 2011974.001 Refund deposit Pennit # 18558 100 0205 7471 400 100.00 g 00298084 "~ @00000173 Poway Center for the Performing Arts Foundation 08142017 Foundation ticket sales transfer-PCPA 100 8641 3,767.00 .: 00298085 @00002702 Poway Firefighters Association DUE PE 8/13/17 Fire Association dues for PPE 8/13/17 100 8615 2,148.37 ~00298086 -----Poway High ASB 2011965.001 Refund Deposit Lake Permit 18406 less charge 1 oo 0202 7471 400 60.00 ~00298087 @00002742 Poway Senior Center 847 Phone/Cable reimbursement 8/15-9/14/17 100 0106 3310 100 250.00 .... 847 Phone/Cable reimbursement 8/15-9/14/17 100 ...., 0106 2200 100 93.93 ;::; Total for Check 00298087 343.93 CD 3 00298088 24-Aug-17 @000027 41 Poway Unified School District 20447 Crossing guards -June 2017 Accruals 100 0504 4109 200 905.54 'It 00298089 20363 Crossing guards -June 2017 100 0504 4109 200 2,210.04 ;"' 00298090 20491 Annual Maintenance Agreement 100 0418 4914 300 34,250.00 N00298091 --------Pro-Mark Utility Supply, Inc 24493 66" white flat marker 100 0418 4760 300 247.42 ... Register of Demands Page 8 of 14 co Warrants From 8/21/2017 -8/25/2017 0 Check -N Date Payee/Vendor Invoice Comment Fund OrfI.n Acct Prog,_ Check Amt ~Number 00298092 24-Aug-17 @00005510 Progressive Technology Security Systems Inc 40057 Upgrade existing security system 100 0205 4308 400 1,448.00 40059 Nelson House: new DMP module 100 0205 4308 400 249.06 40060 Train Barn: upgrade system 100 0205 4308 400 1,448.00 40061 Train Barn: DMP installation 100 0205 4308 400 249.06 40933 Nelson House: cellular service 100 0205 2200 400 33.60 40934 DMP module 100 0205 4308 400 249.06 40939 Museum: cellular service 100 0205 2200 400 33.00 40940 Train Barn: cellular communication 100 0205 2200 400 31.00 Total for Check 00298092 3,740.78 00298093 24-Aug-17 @00010911 R & B Pinto Properties LLC LKCONC8/9-8/13 Weekly Concession Payment (B/9-8/13/2017) 100 8647 4,440.93 00298094 @00002867 RDO Equipment Company Inc P78417 Unit 506: Boot (1) 611 0413 4799 300 109.05 00298095 @00002239 Rex Trophies 3275 Recognition Plaque -Chris Conder 100 0601 4506 100 17.24 00298096 ---Robling, Cathe 11008600-48 Closing Balance Refund_ (11008600-48) 510 8120 6.52 00298097 @00006418 Rochester Midland Corporation 1353753 Handsfree restroom billing 100 0419 4114 300 675.82 00298098 @00002261 San Diego County APCD APCD2017 APCD2017-NOV-000481, NOV-000482 & NOV 611 0413 5730 300 1,500.00 00298099 @00002318 San Diego Gas & Electric 0704702278-8/17 Training Tower-12335 Crosthwaite Cir 100 0501 2110 200 3,123.34 --· 111838240700817 16275 Espola Road 07/12/17 -08/10/17 100 0418 2110 300 7.00 150118720370817 15401 1/2 Pomerado Road 07/17/17 -08/15/17 275 0470 2120 300 7.89 --------------231946689090817 12325 Crosthwaite Circle 510 0410 2110 300 154.15 320896888-08/17 Skate Park Electric 07/12/-08/10/17 100 0208 2110 400 228.99 3222233251-8/17 14560 Lake Poway Rd Monthly Electric-8117 100 0202 2110 400 866.19 324308441820817 14022 1/2 Pomerado Road 07/11/17 -08109/17 100 0418 2110 300 8.08 373257630740817 12207 Old Poway Road 07/12/17 -08/10/17 100 0418 2110 300 22.66 377502587230817 13725 Poway Road 07 /12/17 -08/1 0/17 275 0470 2120 300 52.14 416396102290817 15001 Highway 67 MP 07/12/17-08/10/17 100 0418 2110 300 7.00 C/J 482624663160817 12490 1/2 Old Pomerado Rd. 07/13/17 -08/11/ 100 0418 2110 300 85.06 CD "lj 483014507680817 14283 Silver Ridge Road 07/12/17 -08/10/17 100 0418 2110 300 8.32 .... CD 487450894610817 13100 Poway Road 07/16/17-08/14/17 100 0418 2110 300 7.00 3 512606474320817 13966 Rock Creek Road 07/12/17 -08/10/17 264A 0422A 2110 300 7.41 C" CD 595319148040817 13053 Poway Rd., 7/12-8/12/17 720 0704 2110 100 67.10 .. ... 5997168701-8/17 14114 Midland Rd-OPP Museum Gas & Electri 100 0205 2110 400 316.79 CD . 6015334224-8/17 13104 Silver Lake Dr-Kumeyaay Electric -8/17 100 0207 2110 400 60.15 N 0 640251669450817 13544 Aubrey Street 07/16/17 -08/14/17 100 0418 2110 300 1,286.47 ... ..... 701957299090817 12150 1 /2 Sage View Road 04/11 /17 -08/09/17 267 0424 ··--- 2110 300 8.52 ;:; 712052157230817 13221 Midland Road A 07/16/17-08/14/17 100 0418 2110 300 37.70 CD 712609287490817 15003 1/2 Pomerado Road 07/16/17-08/14/17 100 0418 2110 300 7.00 3 :it 820331285828/17 13325 Civic Center Dr. 7/12-8/10/17 100 0106 2110 100 22,305.83 ... 820582715640817 14467 Lake Poway Road 07 /12/17 -08/10/17 100 0400 2110 300 1,978.16 N 8208113748-8/17 15498 Espola Rd -Monthly Electricity PCPA 8/ 100 0204 2110 400 8,574.90 .... Register of Demands Page 9 of 14 <D Warrants From 8/21/2017 -8/25/2017 0 Check -...., Date PaJ!.ee/Vendor Invoice Comment Fund OrfI.n Acct Pro&, Check Amt "'°Number 00298099 24-Aug-17 @00002318 San Diego Gas & Electric 824654248550817 14795 112 Silverset 07/16/17 -08/14/17 100 0418 2110 300 218.38 824759976430817 13306 1/2 Midland Road 07/16/17-08/14/17 100 0418 2110 300 35.29 838007961060817 14155 1/2 Pomerado Road SPK 07/16/17-08/ 100 0418 2110 300 7.88 867977376520817 13250 Pomerado Road 07/11/17 -08/09/17 100 0418 2110 300 8.32 899222240910817 14038 Midland Road A 07/16/17 -08/14/17 100 0418 2110 300 70.52 932249213210817 14103 1/2 Stowe Drive 07/12/17 -08/10/17 269 0425 2110 300 8.73 932622414910817 12670 1/2 Pomerado Road 07/13/17 -08/11/17 275 0470 2120 300 55.01 937468460630817 13743 1/2 Carriage Road 07/16/17-08/14/17 100 0418 2110 300 137.22 9532131079-0817 Station 3 -14322 Pomerado Rd 100 0501 2110 200 4,621.56 995229760160817 14401 Pomerado Road 07/16/17 -08/14/17 100 0418 2110 300 146.81 ---------- 9958016173-8/17 14135 Midland Rd-Veterans Park Electric -8/1 100 0205 2110 400 46.25 Total for Check 00298099 44,583.82 00298100 24-Aug-17 @00010115 San Diego Union Tribune 5104773 Legal Ad 17-057 PO 5104773 100 0011 4932 100 186.00 --5120018 Legal Ad 17-061 PO 5120018 100 0100 8693 100 164.25 Total for Check 00298100 350.25 00298101 24-Aug-17 @00006857 Savmart Pharmaceutical Service 604959 Medical supplies 100 0503 4740 200 56.25 --- 605047 Medical Supplies 100 0503 4740 200 480.84 Total for Check 00298101 537.09 00298102 24-Aug-17 @00005845 Scripps/Poway Fence Builders 0814201703 Fence Repair for Twin Peaks Housing Property 416 0309 4120 100 999.00 00298103 @00002820 Sherwin Williams 4543-1 Water Dist: 3" chip brushes 510 0404 4760 300 11.32 00298104 @00005730 Shields, Linda MILEAGE AUG2017 Mileage reimb (JPIA Symposium Aug 16, 2017) 100 0602 3110 100 110.21 00298105 @00010645 Siemens Industry Inc 56100262683 Street Lighting Monthly Maintenance ---275 0470 4327 300 3,557.01 5620017695 Per Contract for Street Lighting, System 275 -----0470 4327 300 5,558.68 en Total for Check 00298105 9,115.69 CD 'tJ 00298106 24-Aug-17 @00011266 .... --------------- Skyhawks Sports Academy Inc. 6014.101-03.17 Instructor Payment Summer 2017 100 0208 4118 400 1,621.80 ~ 00298107 @00010060 SoCo Group Inc. 0420905-IN Fuel Delivery: Fleet Shop 08/16/17 611 0413 3120 300 6,620.53 C" 0421652-IN Fuel Delivery: FS#3 08/17/17 611 0413 3120 300 1,429.34 CD ., Total for Check 00298107 8,049.87 .... . co 00298108 24-Aug-17 @00000464 Sonsray Machinery P13153-01 Unit 748: Water Pump (1) 611 0413 4799 300 127.37 ~00298109 @00007183 South Coast Emergency Vehicle Service 485762 Unit 920:Spkr(1 ), _Seal(4), Tubing(1), Rivet(20) 611 0413 4799 300 861.19 .... 485846 Unit 925: Power Module (1) 611 0413 4799 300 1,010.11 -..j Iii Total for Check 00298109 1,871.30 3 00298110 24-Aug_-17 ---South Point Hotel & Casino 6WRN2 MEDLIN 6WRN2: B Medlin, Tri-State 9/25-9/28/17 510 0401 1430 300 203.40 'II: 00298111 H2SCF FEATHERS H2SCF: J Feathers, Tri-State 9/25-9/28/17 510 0402 1430 300 203.40 :-" 00298112 4NM3M RICE 4NM3M: J Rice, Tri-State 9/25-9/28/17 510 0404 1430 300 203.40 "1ao298113 6C24F SANTAMARI 6C24F: A Santamaria, Tri-State 9/25-9/28/17 510 0404 1430 300 203.40 N Register of Demands Page 10 of 14 0 Warrants From 8/2112017 -8/2512017 0 Check -N Date Payee/Vendor Invoice Comment Fund OrfI.n Acct ProfI. Check Amt .f>.Number 00298114 24-Aug-17 ••••• South Point Hotel & Casino YFNCM MAXEY YFNCM: N Maxey, Tri-State 9/25-9/28/17 520 0405 1430 300 203.40 00298115 F4Z3W MOHAMAD F4Z3W: A Mohamad: Tri-State 9/25-9/28/17 520 0405 1430 300 203.40 00298116 @00010515 Southern California Radar/Laser Certification Laborator 817011 Radar repair --· 100 0504 4308 200 119.00 00298117 @00007160 Specialty Electric Supply Co. 7148-545959 WTP: duplex receptacles; blank plates 510 0402 4760 300 16.49 ~· 7148-546522 Train Depot: light bulbs 100 0419 4760 300 188.50 Total for Check 00298117 204.99 00298118 24-Aug-17 @00003062 Sprint 560447566-026 PW Sprint Cell Charges: July 7-August 6, 2017 510 0401 3311 300 146.65 00298119 @00005200 SOS Video Communications 20171214 Telecasting Services -Aug 15 & 18, 2017 100 0106 4120 100 800.00 00298120 @00004928 Superior Cleaning Equipment Inc 21833 Monthly PM Service on Fleet Wash Rack 611 0413 4120 300 398.34 00298121 @00011105 Superior Gate Services 8318 Sheriffs Station: preventative maintenance 100 0419 4304 300 256.00 --------------- 00298122 @00011522 Swagit Productions, LLC 9364 Video Streaming Services -Jul 2017 100 0106 4120 100 725.00 00298123 @00011334 SYN CB/AMAZON 8781042209 8/17 Amazon.com purchases 100 0010 4904 100 200.00 8781042209 8/17 Amazon.com purchases 100 0601 4710 100 221.62 8781042209 8/17 Amazon._com purchases 231 0412 4760 300 20.98 8781042209 8/17 Amazon.com purchases 261 0420 4710 300 27.98 ---8781 042209 8/17 Amazon.com purchases 100 0400 4710 300 58.38 8781042209 8/17 Amazon.com purchases 100 0419 4760 300 11.13 8781042209 8/17 Amazon.com purchases 611 0413 4710 300 75.41 8781042209 8/17 Amazon.com purchases 510 0402 4710 300 62.48 8781042209 8/17 Amazon.com purchases 510 0410 4710 300 132.46 T ota1 for Check 00298123 810.44 00298124 24-Aug-17 @00005398 The Lifeguard Store INV556222R Replacement Lifeguard Seats 100 0203 4308 400 761.00 00298125 @00010706 Toshiba Business Solutions 13891222 Copiers 7/25/17 -8/24/17 100 0106 4308 100 1,322.01 00298126 @00005513 Tri-State Seminar LLC FEATHERS 2017 Joe Feathers: 2017 Tri-State registration 510 0402 1430 300 99.00 (JI MAXEY 2017 Nick Maxey: 2017 Tri-State registration 520 0405 1430 300 99.00 ·-CD MEDLIN 2017 Barry Medlin: 2017 Tri-State registration 510 0401 1430 300 99.00 "C ..+ MOHAMAD 2017 A_~J~d "MJ" Maham~~: 2017 Tr~-=.?.~~~ registra_t(_ 52~-0405 1430 300 99.00 CD 3 RICE 2017 Jason Rice: 2017 Tri-State registration 510 0404 1430 300 99.00 CT SANTAMARIA 2017 Antho_ny Santamaria: 2017 Tri-State registratio 510 0404 1430 300 99.00 CD ... TRAN 2017 Chau_"Donny" Tran: 2~17 Tri-State registration 510 ... (D 0401 1430 300 99.00 "' Total for Check 00298126 693.00 5! 00298127 24-Aug-17 @00011517 U.S. Bank Corporate Payment System-PW 0002 2960 08/17 Fleet: C Winder Reg & Hotel-Pierce Training 9/ 611 0413 3140 300 1,770.79 .... 0002 2960 4/17 Fleet: Credit for 73A Toolbx; Tire Siner Bits 611 0413 4308 300 132.51 ..+ 0002 2960 4/17 Fleet: Credit for 73A Toolbx; Tire Blncr Bits 611 0413 4799 300 -678.81 CD 3 55726896 7/17 Fleet: SCFM Dues & Units 612&514 611 0413 4799 300 313.34 =lie 55726896 7/17 Fleet: SCFM Dues & Units 612&514 611 0413 4924 300 80.00 ... "' Total for Check 00298127 1,617.83 N 0 y E c y ea i v a n0oN YY N CDC SOICOIN d n o c a V a@c O E Po TRIM r m 4 o N Q O y C 0 y Ot sV v N n a S 0 0 0 0 0 0 0 0 C i M O O c 21 of 24 O c i September 19, 2017 Item # 1.2 SOICOIN VIM MIN O V M O HO TRIM C l O V N V September 19, 2017 Item # 1.2 O 0 0 0 0 0 0 O o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O0000000000OOOOOOOOOOOOOOOOOOOOONNNNNNNNNNvillaaviaNNNNNNNNNNNaaavNNNNvvaavvaaaaNNNNNNa'ave avavaa as00000000000000010000000000000000100 oIo 0 0 o 010 0 0 0 O O'0 O O o 0 0 0 0 0 0 0 0 0 0 0.0.0 0 0 Nl0 O O 0 0 0 0 0 0 0 N O 0 0 0 0 0 0 0 0 N E' y y y y y yEjE N Register of Demands Page 12 of 14 N Warrants From 812 J/2017 -8/25/2017 0 Check -N ,1>,Number Date Paf..ee!Vendor /nyoice Comment Fund Orf!.n Acct Prof!. Check Amt 00298130 24-Aug-17 @00011594 UniFirst Corporation 360 1532376 Fleet: Mats, Rags & Uniforms 611 0413 4928 300 13.58 360 1532377 Stormwater: uniforms 231 0412 4928 300 21.46 360 1532378 Streets: uniforms 211 0411 4928 300 65.75 360 1532379 Wrhse: Uniforms 510 0410 4928 300 6.77 -360 1532380 Wk 8/17/17: Recycled Water uniforms 510 0406 4928 300 5.44 ·-360 1532381 Wk 8/17/17: WW Collection uniforms 520 0405 4928 300 31.38 360 1532382 Facilities: uniforms 100 0419 4928 300 8.83 -· ·--360 1532383 Wk 8/17/17: Water Distribution uniforms 510 0404 4928 300 37.07 360 1532384 Wk 8/17/17: WTP uniforms; mats 510 0402 4928 300 24.83 360 1532384 Wk 8/17/17: WTP uniforms; mats 100 0419 4120 300 8.54 -360 1532385 Wk 8/17/17: CSFW + Mtr. Rdrs. uniforms 510 0401 4928 300 11.50 360 1532386 Wk 8/17/17: Utility Syste~s uniforms 510 0401 4928 300 26.11 360 1532387 Parks: uniforms 100 0418 4928 300 28.35 360 1532395 City Hall: mats 100 0419 4120 300 17.21 ---- 360 1532396 Public Works: mats 100 0419 4120 300 6.45 360 1532397 Twin Peaks: mats and mops 100 --0419 4120 300 11.37 360 1532398 Meadovo/brook: mats and mops 100 0419 4120 300 26.31 360 1532399 Tol/t'els and mats Station 1 100 0501 4928 200 20.40 360 1532403 Parks: mats 100 0419 4120 300 9.89 Total for Check 00298130 1.377.54 00298131 24-Aug-17 @00002473 Uniforms Plus 45289 FD patches for uniforms 100 0501 4928 200 1,346.88 00298132 @00011504 Union Bank 9960 08/13/17 Credit Card Expenditures 100 0013 4932 100 75.00 9960 08/13/17 Credit Card Expenditures 100 0013 1430 100 1.135.00 9960 08/13/17 Credit Card Expenditures 100 0013 1430 100 231.96 en Total for Check 00298132 1,441.96 ~ 00298133 24-Aug-17 @00011504 -Union Bank 1402 8586 AUG17 Director's Credit Card: Closing 8/13/17 100 0400 4760 300 15.19 1402 8586 AUG 17 Director's Credit Card: Closing 8/13/17 100 0400 4760 300 190.21 CD 3 1402 8586 AUG17 Director's Credit Card: Closing 8/13/17 100 0419 4304 300 121.47 C" 1402 8586 AUG17 Director's Credit Card: Closing 8/13/17 510 0410 300 CD 1430 312.95 ... ---. ..... 1402 8586 AUG17 Director's Credit Card: Closing 8/13/17 510 0410 1430 300 58.00 CD -- N Total for Check 00298133 697.82 ~00298134 24-Aug-17 @00011504 Union Bank 12333004 0717 Robert J. Manis Credit Card 100 0301 4822A 100 404.07 """Oo298135 1216-2973-8/17 August 2017 CSD Credit Card (Robin Bettin) 1193A 1000P 3320 600 13.60 ;:; 1216-2973-8/17 August 2017 CSD Credit Card (Robin Bettin) 100 0200 3140 400 215.36 CD 3 Total for Check 00298135 228.96 'it ..... 00298136 24-Aug-17 @00006522 United Site Services 35654 Portable services 100 0501 4799 200 147.47 N00298137 @00011635 Garnishment Recipient PPE 8/13/17 Payr°.11 Garnishment 100 8620 191.57 N Register of Demands Page 13 of 14 w Warrants From 8/21/2017 -8/25/2017 0 Check -N ~Number Date Payee/Vendor Invoice Comment Fund OrfI.n Acct Prog,_ Check Amt 00298138 24-Aug-17 @00006781 USA Blue Book 328216 WTP wet lab: reagent refills DPD#4 tabs 510 0402 4760 300 274.82 00298139 @00003270 Verizon Wireless 9790184787 EMS Telemetry 100 0503 3311 200 93.38 ~---~-- 00298140 9790565898 SSD cell phones 100 0504 3311 200 0.66 ---- 9790565898 SSD cell phones 100 0502 3311 200 52.88 9790565898 SSD cell phones 100 0503 2200 200 304.08 9790565898 SSD cell phones 100 0500 3311 200 63.81 9790565898 SSD cell phones 100 0500 2200 200 76.02 9790565898 SSD cell phones 100 0504 2200 200 53.51 -- 9790565898 SSD cell phones 100 0501 3311 200 57.00 Total for Check 00298140 607.96 00298141 24-Aug-17 @00003270 Verizon Wireless 9790565899 Mifi for Backup Internet PCPA Box Office 8/17 100 0204 2200 400 38.01 00298142 @00002663 Village Lock and Key 8997 Keys 100 0418 4304 300 14.82 00298143 @00004260 Wave Waterparx. LPDC072717 . -Admission to The Wave Waterpark for Day Ca 100 0202 4760 400 1,446.70 00298144 @00002730 Waxje 76869698 Community Center: sanitary supplies 100 0419 4720 300 170.72 76876357 The Lake: sanitary supplies 100 0419 4720 300 250.51 76878399 The Lake: sanitary supplies 100 0419 4720 300 88.00 76886356 Community Center: sanitary supplies 100 0419 4720 300 998.85 Total for Check 00298144 1,508.08 00298145 24-Aug-17 @00005639 West Coast Arborists, Inc. 128393-A 83-1A: tree and stump removal 272A 0430A 4120 300 6,548.00 128484 Tree and Stump Removal 211 0411 4120 300 648.00 128485 83-1F: tree and stump removal 272F 0430F 4120 300 270.00 Total for Check 00298145 7,466.00 00298146 24-Aug-17 @00002794 Western Mower and Engine 44915 String trimmer supplies 100 0418 4308 300 230.81 44975 Chains for pruner 100 "' --0418 4308 300 32.28 (I) 45012 Lake Poway: fuel and chain 100 0418 4760 300 202.16 'lj 45063 Mixed Fuel 211 0411 4760 300 58.08 .... (I) 3 45070 __ Unit 418: ~lutch(1), Filter(1), Carb(1), Drum(1) 611 0413 4799 300 134.43 CT (I) Total for Check 00298146 .. 657.76 ..... 00298147 CD 24-Aug-17 @00010790 Western Region IPMA-HR 171801 Sr. H:iman Resources Analyst Job Ad 100 0601 4934 100 175.00 -00298148 @00005277 Westesco Tire Equipment and Supply Co. 922213 Fleet Shop: Balancing Beads(100); Bags(30) 611 0413 4799 300 310.87 N-- 922226 Fleet Shop: Wheel Lift Adaptor (1) 0 ..... ---611 0413 4308 300 602.32 ..... Total for Check 00298148 913.19 S°' 00298149 24-Aug-17 @00002934 Winder, Craig 111924 Safety Shoes & Insoles (annual allowance) 611 0413 4928 300 200.00 3 00298150 @00011319 World Advancement of Technology for EMS and Rescu 694 Patient reporting software 100 0503 4120 200 1,094.00 '*1=00298151 @00011116 Zero Waste USA 168188 Dog Roll Bags 231 0412 4760 300 751.56 ...-- ;_,,00904379 21-Aug-17 @00010569 U.S. Dept of the Treasury 082117 PE#17 ~~y~oll W/H EFT fo~_ ~E#1_7 100 8624 21,307.90 082117 PE#17 Payroll W/H EFT for PE#17 100 8621 90,735.05 N RegisterofDemands Page 14of 14 ,1::1,, Warrants From 8!21!2017-8125/20/7 9, Check I\) .f>Number Date Payee/Vendor 00904380 21-Aug-17 @00010570 Employment Development Department 00904381 @00010571 Garnishment Recipient 00904382 23-Aug-17 @00007257 CalPERS 00904383 21-Aug-17 @00000248 Union Bank 00904384 21-Aug-17 @00000248 Union Bank ________ _ 00904385 25-Aug-17 @00000248 Union Bank Finance Director Approved f ~ Date f( f/,1 Cl) (D ~ 3 C" (D ., .... co I\) 0 .... -.,I S' 3 '1:1: .... I\) Invoice Comment Fund Orgn Acct Prog Total for Check 00904379 082117 PE#17 Payroll W/H EFT for PE#17 100 8622 082117 PE#17 Payroll Garnishment 100 8620 ------- 082317 PE#16 PERS EFT for PE#16 100 8722 3134G9Q75 Purchase Freddie Mac 07-26-19 Maturity 100 8225A 3134G9Q75 Purchase Freddie Mac 07-26-19 Maturity 100 8261 3134G9Q75 Purchase Freddie Mac 07-26-19 Maturity 100 8225 Total for Check 00904383 Check Amt 112,042.95 997,868.06 14912L6F3 Purchase Caterpillar Financial 12-01-19 Maturit 100 8243 1,000,000.00 14912L6F3 Purchase Caterpillar Financial 12-01-19 Maturit 100 8243A 11,910.00 ---------· -----. -· -- 14912L6F3 Purchase Caterpillar Financial 12-01-19 Maturit 100 8261 5,000.00 3134GBFU1 3134GBFU1 3134GBFU1 Purchase Freddie mac 4-27-20 Maturity Purchase Freddie mac 4-27-20 Maturity Purchase_Freddie mac 4-27-20 Maturity Total for Check 00904384 1,016,910.00 100 100 100 8225A 8261 8225 Total for Check 00904385 Register Total 1,760.00 11,472.22 2,000,000.00 2,013,232.22 5,645,796.92 O,,q OF POW'9Y Tye ry IR THE COJ NOTE: These draft meeting minutes are not official until approved by the Cit y Council at the next sche duled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES August 15, 2017 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 Cunningham, Grosch, Mullin, Leonard, Vaus STAFF MEMBERS PRESENT City Manager Tina White; Assistant City Manager Wendy Kaserman; City Attorney Morgan L . Foley; City Clerk Nancy Neufeld; Community Services Manager Be linda Romero; Development Services Director Bob Manis; Acting Director of Finance Peter Moote; Human Resources/Risk Management Director Jodene Dunphy; Public Works Director Michael Obermiller; Fire Chief Mark Sanchez. (Note : Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assista nt City Manager, City Attorney, City Clerk and Director of Administrative Services shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE Deputy Mayor Leonard led the pledge of allegiance. PRESENTATION Mayor Vaus presented Deputy Derrick Jones with a plaque in recognition of being selected as the Poway Sheriff's Station Deputy of the Month for July. PUBLIC ORAL COMMUNICATIONS Brian Edmonston spoke regarding future planning for StoneRidge Country Club. Joe St. Lucas spoke regarding the upcoming "Clear the Shelters " day , Saturday, August 19, 2 017. 1. CONSENT CALENDAR (Approved By Roll Call Vote) Councilmember Mullin requested to speak on Consent Calendar item 1.4 . 2 of 13 ATTACHMENT A September 19, 2017 Item # 1.3 City of Poway -Minutes -August 15, 2017 Motioned by Councilmember Cunningham, seconded by Councilmember Mullin to approve Consent Calendar Items 1.1 through 1.7. Motion carried by the following roll-call vote: Ayes: Noes: Absent: Cunningham, Grosch, Mullin, Leonard, Vaus None None 1.1 Approval of Reading by Title only and Waiver of Reading in full of Ordinances on Agenda 1.2 Ratification/Approval of Warrant Registers for the periods of July 10 through July 14, 2017 and July 17 through July 21, 2017 1.3 1.4 yjjj/){5 Approval of the July 18, 2017 Regular City Council Meetin~N}\flutes '"/>-:v{ .,, -;:",",,.-<:~;,;_;;,. Approval of Implementation of Track 1 for San Diego Regional VV'i\t~r Quality Control Board Trash Amendment Order No. R9-217-0077 · · In response to inquiry from Councilmember ~µmn, Development Servi~~ Director Manis explained that the full capture device instajlatf!in required for this implemff'!tijtion would be phased over 10 years as budgeted CIP startiilg,in FY 18/1.'9: The cost woufdbe about $2.1 million over those 1 O years. 1.5 City's Investment Report as of J~~::30, 2017 1.6 1.7 Adoption of Resolution No. 17-05&,eJititled "A Resolution of the City Council of the City of Poway, California, Terminating Bid'i'Process for the Council Chambers AV Renovation Project and Directing ~~a~vertisement-for Competitive.Bids" "'<'// (F/i" <ff · Report of Emerg~gyRepairE~pendituresPertaining to the 2017 Winter Storm Event Made ;,,-£?;---,,---h-;; Under Authori\yt<iFResolution 1\10. 17-004 Adopted on January 24, 2017 2. ORDINANCE 3.1 Jiri~<fonditional Us~~Permit 17 °005; a proposal to establish vehicle service and repair at 14168~9YJay Road +'';~ Senior Plifng~r Jas9~;i;Martin presented the report along with a PowerPoint presentation. Mr. Martin oul(~~f~,p uses and exterior modifications for Poway Powersports, a proposed Honda motorcycllt.dealership, providing sales, service and repair. No Speakers. Motioned by Councilmember Cunningham, seconded by Councilmember Grosch to close the public hearing and adopt Resolution No. P-17-17 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 17-005, Assessor's Parcel Number 323-190-65." Motion carried unanimously. 3 of 13 September 19, 2017 Item# 1.3 City of Poway-Minutes -August 15, 2017 4. STAFF REPORT 4.1 Status Update for the Espola Road Safety Improvement Project 4.2 Senior Civil Engineer Taryn Kjolsing presented the report along with a PowerPoint presentation. Ms. Kjolsing stated that in order to move forward with the original design plans and to maximize pedestrian safety pathway improvements, staff requests that Council direct the City Attorney to initiate legal proceedings to acquire the remaining property easements by eminent domain. City Attorney Foley gave a brief overview of the eminent domaiQzprocess and stated the first step would be to bring back a resolution of necessity at a p~!Q'ihearing to be scheduled for the September 5, 2017 City Council meeting. //J;f JU,Jlff/,o "'.. / . :J)if!J(f!? '">>: /}; In response to Council questions, City Attorney Folex saja'the cos~pjlegal services depends on whether experts are needed. Council pointe!;l:i!fJ!t that the City"k\§.spending more than $5 million on the project, that the City has been .. roll than fair in its offei\$ to purchase right- of-way, and that the construction schedule i§;i~rtant. .·.ff; :,;,; No Speakers. J;-:/.,' ,)f-:f "t Council discussion ensued. 011tcf:&" /i:_:./_:> __ ,-__ ' '%·},!* In response to Council inquiry, Mf,{f6t~<§?id the re~ifilt must be served in order to get the 90-day time frame on the motioff;tartecf~ihe com~,l'l! would be served at the same time. Regarding the absentee ownerrj;ri ad mYl&mRl,!,plishe(l·in the local newspaper or the property owner may ~!~!~d and se~d 9'!~de i/5f•t~tate of California. '-.;::_\h--··--'/··/</lit;; :c 'f':_:-·:_:;J\··-'1 ' < Motioned by ~J(lrVaus, s•tnded bY(l,yuncilmember Cunningham to direct the City Attorney to ,II.late the en#1ent dom~tJt,.process to acquire. the three. remain~ng ease'!'ents nd\\Jary to S:i\!tr~ct the P~J!ct as currently designed. Motion carried Unanimously •/1@;;.. j)P;/":1Af'{_';·{\-: -/,/ • /::ft;' &;;:.:<+·· '' "; / pAfl!~iJJ:f4;;, --·"':::fiJJ-~F --.. M~~,slf>isp!Jt!1feso iiP Pertaining to Water _,•./~/! -· //-·fjv,_ . 1':J;t/ 'te·'.v .. e·· .. ·· lo .. pment Se~~ D .. i;:j~r .. B. ob Manis presented the report along with a PowerPoint ;:li§,t;,mtation. Mr. Mali! state'liJ)at Sunroad Enterprises, owners of the Maderas Country Cl~;~d Mr. and Mrs:\'4i\ff'rkin, owners of residential property in the Lower Sycamore Creek area: 'lft4 equesting t!fjcity Council resolve a dispute pertaining to groundwater. . The ex1st1ng \~!i'2?1t1onal y~~Perm1t (CUP) for the Maderas Golf Course includes a prnv1s1on that Madera~rov1<iMilffi1c1ent water for the Lower Sycamore Creek (LSC) area residents and providesf6?'* 0 ~(e'(dispute resolution by the City Council. In addition, Mr. Manis stated that any modific~J8f\ to the existing conditions would require an amendment to the CUP. The following speakers addressed the Council: Speakers in Support: David Barkin, Kristi Grayson, Skye Grayson, and Joseph Tamayo Mr. Barkin requested reimbursement from Maderas for outstanding water truck delivery invoices in the amount of $8,470 and $16,573, the amount he has paid for the cost of deepening the well on his property. 4 of 13 September 19, 2017 Item# 1.3 City of Poway -Minutes -August 15, 2017 Speakers in Opposition: Andrea Rosati and Uri Feldman Mr. Feldman stated that Maderas has shut down welts 4 and 5, which were the only welts identified in hydrology studies as having an effect on the groundwater in the Lower Sycamore Creek area. He suggested that Maderas should only be required to reimburse the Barkins for reasonable water use if Maderas were to use welts impacting the LSC area. Neutral Speaker: Steven Debolt Submitted a Speaker Slip in Support but did not speak: Tom Story, Edie Barkin and Maria Mogavero :f!:.·. Following discussion, Council concurred that the requireme~tained in the Conditional Use Permit for the Maderas Golf Course are still in effect@l'sf*· the choice of water service delivery and guarantee for the Lower Sycamore Creek*';:W~nts and the requirements could only be mod1f1ed with an amendment to the CU.Pli.; /6uncrf1ti:-en .. encouraged all parties ;, f-to meet and discuss ways to work out their disa.gr . \ ents. "££11 -s• •.. ··:b Motioned by Mayor Vaus, seconded bw~cilmember Mumn"~irect Maderas Country Club LP to reimburse Mr. and 111:!.arkin fort e cost of deii(4)~d water and any outstanding water delivery amount~Wto ~ol,;;;e to guarante~fAter _service to the Lower ~ycamo~e Creek_area resrden'll'.'l:,.!,. · method to be determined by Maderas. Motion carried unanimously. '}W§zf <y .. .,._,,,. . ·, .;;; ·:.t.!J:: -- 5. WORKSHOP • ?\:--.. 5.1 Mickey Cafagna Community Center Be.sign OpJtJJi\il. <p,//'. __ ;;;;.,,._ \,, _,,j;'.~g:_; .. ··</_ . ;;,_ -- Development serx~is'birtff~r.Bob Ma~,~#immunityS~rvices Manager Belinda Romero and Special Pr,p.~jdt. s Enginee·;·G·1·'.;Jeff Beer~i/.;.r.1e .. sented the report along with a PowerPoint presentation. T~gether staff dis.t:ussed threwew floorplan options which were option #1 at 16,598 square tf·:,· .. ?P.tio~-~}~.'.·.4 .... 50 ... ,~.y~rre feet, and option #3 with 22,220 square feet. 9?Jl?fE;~timat~t:;'.d°m'Yar$10Yl'ji~,;if1 million and $13 million respectively. These prd'fiea,c~~t.~,;[eflecll'l,lunc11's d1rect1oif•to more closely align the proiect to meet the bf $ill goals. 71!zgi~ ··!7 ~;, Tfie following spealfertii,ddress~q the Council: _:;,'/ Speakers in Support: Jij;p.Lyon, Susan Mallet and Barbara Lerma '. . §f;Z.· Neutral Sfj~~f<.er: Lit.,~~~ Hoffman, representing Poway Valley Senior Center, spoke regarding a~1!i.U!l!rflJfJJuring the construction displacement of the Senior Center. Ms. Hoffman askellf.ffffhhe Senior Center endowment interest not be used, that the seniors retied on the interiist to submit a grant for a new van. The Senior Center supports the largest floor plan option. Councilmember Mullin spoke regarding the ad hoc committee's intent to focus on maximizing the money spent on the project rather than focus on the building size. He also stated that the building exteriors as shown would improve during the architectural design phase of the project. 5 of 13 September 19, 2017 Item # 1.3 City of Poway-Minutes -August 15, 2017 In response to Council inquiry, Mr. Beers explained that he arrived at the estimates for each building by averaging the estimates provided by architecture firms and included inflation factors with the totals. Council discussion ensued regarding temporary relocation of the senior center and costs associated with the transition. City Manager Tina White explained that the interest from the existing endowment fund for the center could be used to assist in the transition. The Council asked that the senior center bring a proposal for continuing the activities of the center during construction. Following discussion, Council concurred the smallest floor pl~~,89uldn't meet the needs of the community; and preferred floor plan option #3 with 22,?Bquare feet. Also discussed was the option to reduce the size to the #2 plan with18,Jl:!luare feet if the professional construction cost estimate came in at a higher price Of5~f,'rlft,1~ not available. <-, :P 'f~lit:- Mr. Manis stated that a request for proposals for;~p)'ofessional conlli;\!ction cost estimate could be ready within a few weeks after meetiqi:iifith the ad hoc com,.fl~e. ::c··._· .(J> !:Jd{;:-, :_/f:}1/:-: ;0:w1,. Motioned by Councilmember Cunning((rri, secondll!t by Councilnf(r!J,ber Grosch to 1) obtain a professional construction·i(ffit esti1•or option #3; ilf,d 2) hire a consultant to prepare construction docume"{tl,icl,,,i• carried unanimously. 6. MAYOR AND CITY COUNCIL-INIT1Al2rie1tt£MS *Iii The Mayor and Council made announcements and 'rl!P.orted on v~rjc:ius events taking place in the City. No action was taken. 7. CITY MANAGER ITEMS None. The C,tt\~ouncil entered 81~ied session at 9:51 p.m. 8.1 Coni€retice with Labor'legotiators -Government Code Section §54957.6 Cit?il'JiQnated N/1\tiators: TI"'1l\fhi~:fy Manager Weil'st~man, Assistant City Manager Jodenlr8'6nphy, Human Resources/Risk Management Director Employee Organizations: Poway Firefighters Association City Council returned from closed session at10:07 p.m. with all Council members present. City Attorney Foley announced that direction was given to the City's negotiators. 6 of 13 September 19, 2017 Item # 1.3 City of Poway-Minutes -August 15, 2017 ADJOURNMENT The meeting was adjourned at 10:08 p.m. 7 of 13 Nancy Neufeld, CMC City Clerk City of Poway, California September 19, 2017 Item # 1.3 NO TE: These draft meeting minutes a re not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL SPECIAL MEETING MINUTES August 18, 2017 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/Poway Housing Authority/Planning Commission/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Special MeetiAg to order at 6 :00 p.m . ROLL CALL Grosch , Mullin , Leonard, Vaus ABSENT Cunningham STAFF MEMBERS PRESENT City Manager Tina White ; Assistant City Manager Wendy Kaserman ; City Attorney Morgan Foley and City Clerk Nancy Neufeld . PLEDGE OF ALLEGIANCE Deputy Mayor Leonard led the Pledg e of Allegiance. CONSENT CALENDAR (Approved By Roll Call Vote) Motioned by Deputy Mayor Leonard, seconded by Councilmember Grosch to approve Consent Calendar item 1.1. Motion carried by the following roll-call vote: Ayes: Noes: Absent: Grosch, Mullin, Leonard, Vaus None Cunningham 1.1 Adoption of Resolution No. H-17-01 entitled "A Resolution of the Poway Housing Authority , acting as Housing Successor to the Poway Redevelopment Age ncy extending the time period in which certain property must be developed for Affo rdable Housing in accordan ce with Health and Safety Code Section 33334 .16." PUBLIC HEARING 2.1 Public Hearing to Take Input Regarding Draft Voting District Maps and Potential Sequence of District Elections as Part of Transition to By-District Ele ct ions for City Coun ci l Members City Attorney Morgan Foley introduced the report and sa id that the purpose of this hearing was to receive public comment and consideration of draft maps prepared by Nationa l Demographics Corporation (NOC) and eligible maps submitted by the publ ic regarding proposed voting districts for Council membe rs. 8 of 13 ATTACHMENT B September 19, 2017 Item# 1.3 City of Poway-Special Meeting Minutes -August 18, 2017 City Attorney Morgan Foley then introduced Alan Fenstermacher, Special Counsel and Associate with Rutan & Tucker, and Dr. Justin Levitt, Vice President of National Demographics Corporation. Dr. Justin Levitt, NDC, gave a report along with a PowerPoint presentation and discussed the eligible draft district maps. Mr. Levitt stated that the maps have been combined geographically based upon shared Communities of Interest and the recommendation is for the Council to consider eliminating any draft maps it no longer wishes to consider in order to reduce the number of maps submitted to a more manageable number for consideration. .. . .A . In response to Counc1l 1nqu1ry, Mr. Fenstermacher i . 0 ~111ed that the draft maps included in the staff report have met the criteria contained · s ;; ederal Voting Rights Act and the California Voting Rights Act for establishing th~.w~,1=:uch as equal population across districts, prohibiting districts that dilute minorit ,awing 1'6~: and that race cannot be the predominant factor in drawing a district. ';, 1 • .% , 1:-' if#$, ~-'o/%0'(1, $: iiH~ The following speakers addressed th ncil: .,,, %%ffe'i a ,,. Peter Dehoff spoke regarding the compo~ of m e submitttl/Y4md preferred Map 118 as it demonstrated dives~ unity a' ,ty. '.iffi{~ .. Mike Whitehead requested 'fiflimff:-on pos 'fi.~icting election requirements and proposed that six districts be ccf'ltside9 tead of fflifi. vi :r••;: f:¥," PS •• ..A y;: Joe St. Lucas statefl/il>;,t he prefe ' Map wfl/,~,;;md 1~. 1~}"·~·1%1, • •' •• ;;, }:J!J}ffefi ~. • % ;:[';i;p,'-W:Jf:if':: . {iffi.fgf.?/ • "~i?. . 08¥:~0 . . . Chr,s Olps sp'.~. regard11:"l!l;l_he mapsY,V bm,tted an~ stated his oppos1t1on to Item 6 included in m!(fJ)JJion ,v,J,, 17-055, B ,pted August 1, 2017, which would allow conside['!tion of i!r~ben/1;.!/l~l?!iteria wf171ap drawing. /f#:•&~/f_tr::>-,. .. ~_w._,P*0•~/,,. 1-:11_,";:,-••r/%zlf#!$d----1IJlw --,,, • ., -<~::-l,fiftfffei mfflftfl/i~ in c!lflition to!ffl!/JJ/j.{iiftuded in Resolution No. 17-055. ,;ill ~llfu~---~--Ir ~pil comment§!t~Rd q~fjjpns ensued. Council expressed desire for maps disttff~.~hing a nortft~? sout(f£way and having at least three districts intersect the Powa,4oad corridor. ',?t,. ··' "0ff[®1z__ iJ: Council co/felted to prSed with Maps 101, 114, 123 and 127 for further consideration at the next sc!f'$jle~cial Meeting on Thursday, August 31, 2017. Dr. Levitt stated that maps must1'1~ i!iitted by August 22 in order to be published by August 24 and considered at the Aifgfi'st 31 meeting. Motioned by Councilmember Mullin, seconded by Deputy Mayor Leonard, to close the public hearing. Motion carried 410, with Councilmember Cunningham absent. 9 of 13 September 19, 2017 Item# 1.3 City of Poway-Special Meeting Minutes -August 18, 2017 ADJOURNMENT The meeting was adjourned at 6:51 p.m. 10 of 13 Nancy Neufeld, CMC City Clerk City of Poway, California September 19, 2017 Item # 1.3 NOTE: 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 August 31, 2017 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/Poway Housing Authority/Planning Commission/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Special Meeting to order at 7:00 p.m . ROLL CALL Cunningham , Grosch, Mullin , Leonard, Vaus STAFF MEMBERS PRESENT City Manager Tina White; Assistant City Manager Wendy Kaserman; City Attorney Morgan Foley and City Clerk Nancy Neufeld . PLEDGE OF ALLEGIANCE Deputy Mayor Leonard led the Pledge of Allegiance. CONSENT CALENDAR (Approved By Roll Call Vote) Councilmember Cunningham requested to speak on Consent Ca lendar item 1.1. Motioned by Councilmember Cunningham, seconded by Councilmember Mullin to approve Consent Calendar item 1.1 . Motion carried by the following roll-call vote: Ayes: Noes: Absent: Cunningham, Grosch, Mullin, Leonard, Vaus None None 1.1 Adoption of Resolution No. 17-057 entitled "A Resolution of the City Council of the City of Poway, California, Opposing Sections of Assembly Bill (AB) 805 Changing the Voting Structure of the San Diego Association of Governments (SANDAG) and Denying San Diego County Voters the Right to Vote on Changes to the SANDAG Governance Structure" Councilmember Cunningham spoke in support of increased transparency and oversight for SANDAG and in opposition to portions of Assembly Bill 805 which would reduce local representation on the board. 11 of 13 ATTACHMENT C September 19, 2017 Item # 1.3 City of Poway-Special Meeting Minutes -August 31, 2017 PUBLIC HEARING 2.1 Public Hearing to Take Input Regarding Draft Voting District Maps and Potential Sequence of District Elections as Part of Transition to By-District Elections for City Council Members Mr. John Ramirez, Attorney, Rutan and Tucker, LLP stated that the purpose of this public hearing was to receive public comment and Council's decision on selecting the preferred district map and the election sequence for upcoming 2018 and 2020 elections. Mr. Ramirez then introduced Dr. Doug Johnson, President, National Demographics (NOC). Dr. Doug Johnson, NOC, gave a brief overview of proposed maps along with a PowerPoint presentation. Dr. Johnson stated that t · Council chose four focus maps (101, 114, 123, and 127) at the August 18, 2017 · I City Council meeting. He also stated that, following the August 18 hearing, fo · I maps (131, 133, 135 and 136) ,0 were received prior to the public review period· ing gust 22 and are also eligible for consideration at tonight's meeting. or;l{ ;~s~n noted maps being considered are population balanced and meet mai·!J!!ion criteria . • The following speakers addressed the ~ncil: \f._ zlf!;}, •• fM!Jfr Pete Babich spoke regarding ... ,.'~ likes and d1~ .. : .. ' /Various maps. ?:~ ••• @]§% {jfJJieffff~ ·~if-~ ,;!!jif Nancy Delaty spoke in supporf~'fl'1tp!J127 as it iiflft9.rid all four districts crossing Poway Road. !::1, --/e+:1~&1:0 -,,/, t<-. ·;;;,.,, :w;;/;:,:. -':v \f:i\ /7:f}::>:-__ . "-\? ;-_ Peter Dehoff sp~tf;i1f1.s!fff?c~ort of M'if'f;23 anJlJ//l.fiJieemeri':lo be the most geographically diverse acro/;/$\~ 'd1strliJt$" :::<. ,;J· ·· . -: .. y_'_'> __ :_ '{,;{f ·-'3f![.1:ff ftii<' Maria HernandtJci,~jCJUestdt}Jpouncil to<l41J;ak directly to a Spanish-speaking community to inform them of 'tk.i;t;£haqg}iit,f;J,QY-distric{fl.ftctions and encourage future participation. '.'/<+<)ifft;;:_--__ _ _ ., -}k::::·ffff?'.":/:{''.;')}":J;:;,,'. __ _ _ ,., '.ft'f:; 3{ffi!fflflf#j;~tat;2ff&_t she J'*flfl~l rl&or any particular map and discussed the (i.t.7 Jculty she ha~~jf}g the~~ractive m{Jp•tool. /~._-<:1,>_ -''7:{;y:i; __ -<~:--·- Betn(~4(3uzman spol?e?J.f! supp!Jft(t:t,t Map 127 but requested Council to include his cul-de- sac a1fk~.of the GarcJ8fjRoad Cffnmunity. .;,;:,,. ")f:,,, Ted Matthiesspoke in s({/!j>ort for Map 114. Fred Zuill spoke irf1;,~pj{ln for Map 123 and stated that it best represents the Garden Road and Old Poway community as a whole. In response to Council questions, Mr. Ramirez, confirmed that best practice is to move forward with the existing maps and not look back to maps previously eliminated. Mr. Ramirez stated that following the timeline set forth in the Elections Code to provide a "safe harbor" during the process of converting to by-district elections would avoid potential litigation and loss of control of the districting process. Council discussed the four focus maps (101, 114, 123 and 127) from the public hearing on August 18, 2017, along with the four additional eligible maps, (131, 133, 135 and 136) submitted prior to the public review period closing on August 22, 2017. 12 of 13 September 19, 2017 Item# 1.3 City of Poway-Special Meeting Minutes -August 31, 2017 Mayor Vaus stated that Map 133 was substantially focus Map 127 with a minor change along Poway Road near Carriage Heights and an alignment to the La Manda Drive area. Council discussion ensued in support of having two districts representing north and south Poway, the importance of three districts representing the Poway Road corridor, and considering the proposed SDG&E pipeline along Pomerado Road in forming multiple districts which would have an impact on representation. Council then concurred Map 133 was the preferred map. Following Council concurrence, Dr. Johnson, NDC, presented a PowerPoint and gave a brief overview of the recommended election sequence as it pertains to Map 133. Dr. Johnson stated that there must be two Council seats.t(f~6voted on in 2018 and two seats for 2020. Council consensus was to select Map 133 as the preferred map, with Districts 1 and 3 voted on in 2018 and Districts 2 and 4 voted on in 2020. · Motioned by Mayor Vaus, secondec!JiY Councilmember Nlul(!Jl, to close the public hearing and direct staff to return onl~~ptember 19, 2017 With a draft ordinance adopting district elections and sequencing based~n Map 133, for introduction and first reading. Motion carri~ .unanimously. ADJOURNMENT The meeting was adjourned at 7:54 p.m. 13 of 13 Nancy Neufeld, CMC City Clerk City of Poway, California September 19, 2017 Item# 1.3 City of Poway COUNCIL AGENDA REPORT APPROVED 0 APPROVED AS AMENDED 0 (SEE MINUTES) DENIED 0 REMOVED 0 DATE: TO: FROM: CONTACT: SUBJECT: Summary: CONTINUED ____ _ Resolution No. September 19, 2017 Honorable Mayor and Members of the City Councl 1 Robert Manis, Director of Development Services~· Steve Crosby, City Engineer 5v (858) 668-4603 or scrosby@poway.org SB 1 Road Maintenance and Rehabilitation Account Funding Requirements 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. The projects must be included in a budget approved by the City Council at a regular public meeting . The attached Resolution (Attachment A) confirms that the FY17-18 budget approved by resolution on June 20, 2017 included the 17-18 Street Maintenance Project , and identified this project as the project on which RMRA funds are to be used . Recommended Action: It is recommended that the City Council approve the attached Resolut ion confirming that the FY17-18 budget approved by resolution on June 20, 2017 includ e d the 17-18 Street Maintenance Project, and identified this project as the project on which RMRA funds are to be used. Discussion: On April 28, 2017 the Governor signed Senate Bill SB 1 , which is known as the Road Repair and Accountability Act of 2017, to provide fund ing to address basic road maintenance, rehabilitation and critical safety needs on both the state highway system and the local streets and road system. A portion of this funding known as the Road Maintenance and Rehabilitation Account will be apportioned to cities and counties. Prior to receiving funds, the bill requires that agencies provide a list of projects proposed to be funded with these funds to the California Transportation Commiss ion. The projects must be included in a budget approved by the City Council at a regular public meeting. In order to receive funds in FY17-18, agencies must also show a general fund 1 of 4 September 19, 2017, Item #li SB 1 Road Maintenance and Rehabilitation Account Funding R equ irements September 19, 2017 Page 2 maintenance of effort expenditure in FY17-18 for street , road , and highway purp oses at no less than the average of FY09-10, 10-11 , and 11-12 . The approved FY17-18 budget satisfies this requ irement. The attached Resolution confirms that the FY17-18 budget approved by reso lution on June 20 , 2017 included the 17-18 Street Maintenance Project , and identified th is project as the project on which RMRA funds are to be used. While the budget included $250 ,000 in RMRA funds , the full amount received will be used for this project. The Resolution also provides specific project details as required by the bill. Environmental Review: This action is not subject to review under the California Environmental Qualit y Act (CEQA). Fiscal Impact: Based on estimates provided by CaliforniaCityFinance.com , the City of Poway is expected to receive approximately $288 ,930 in RMRA funds in FY17-18 . Public Notification: None. Attachments: A. Res o lution Rev iewed /Ap proved By : W endy Kase rm an Assis tant C ity Ma nager 2 of 4 Revi e wed By: Morgan Fole y C ity Attorn ey Tin a M. W hite Cit y Manag er September 19, 2017, Item #lif__ RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING THE LIST OF FY17-18 PROJECTS PROPOSED TO BE FUNDED WITH RMRA FUNDS WHEREAS, Senate Bill SB 1, which is known as the Road Repair and Accountability Act of 2017 provides funding to address basic road maintenance, rehabilitation and critical safety needs on both the state highway system and the local streets and road system; WHEREAS, A portion of this funding known as the Road Maintenance and Rehabilitation Account (RMRA) will be apportioned to cities and counties; WHEREAS, The City of Poway was provided with an estimated RMRA revenue for FY17-18 of $288,930; WHEREAS, Prior to receiving RMRA funds SB 1 requires that eligible cities submit a list of projects proposed to be funded with these funds pursuant to an adopted budget to the California Transportation Commission per criteria and per a schedule established by the Commission; WHEREAS, The City of Poway FY17-18 budget was approved by Resolution on June 20, 2017; WHEREAS, The 17-18 Street Maintenance Capital Improvement Project was included in the City's FY17-18 budget and is identified as the project to receive $250,000 in RMRA funding; WHEREAS, The 17-18 Street Maintenance Capital Improvement Project will provide street maintenance and rehabilitation of residential and arterial streets within Street Maintenance Zone 8, consisting of crack sealing, slurry sealing, chip sealing, and asphalt patch repairs; WHEREAS, Street Maintenance Zone 8 contains approximately one eighth of the publicly maintained streets in the City, and is generally located in the southwestern portion of the City, generally streets located west of Pomerado Road, and South of Poway Road between Pomerado Road and Community Road; WHEREAS, Construction of the 17-18 Street Maintenance Capital Improvement Project began in July 2017 with completion scheduled by October 2017; and WHEREAS, The estimated useful life for streets included in the 17-18 Street Maintenance Capital Improvement Project is 20 years. 3 of 4 ATTACHMENT A September 19, 2017, Item #fi Resolution No. 17- Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The 17-18 Street Maintenance Capital Improvement Project is adopted as the project to receive FY17-18 RMRA funding. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 19th day of September 2017. ATTEST: Nancy Neufeld, CMC, City Clerk STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Steve Vaus, Mayor I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 17-*** was duly adopted by the City Council at a meeting of said City Council held on the 19th day of September 2017, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 4 of 4 Nancy Neufeld, CMC, City Clerk City of Poway September 19, 2017, Item #-11_ APPROVED D APPROVED AS AMENDED 0 (SEE MINUTES) DENIED City of Poway COUNCIL AGENDA REPORT D D REMOVED CONnNUED~~~~~ DATE: TO: FROM: CONTACT: SUBJECT: Summary: Resolution No. September 19 , 2017 Honorable Mayor and Members of the City Council Robert Manis , Director of Development Services {A/1 Brian Banzuelo , Associate Civil Engineer ~ ~ (858) 668-4623 or bbanzuelo@poway.org ~ Award of Contract for the 2017 CMP Repairs Project; Bid No. 18-002 Various corrugated metal pipes (CMPs) located throughout the City are in need of repair. This project will repair CMPs at four locations City-wide. These CMPs are beyond the capacity of City drainage crews to repair . Recommended Action: It is recommended that the City Council award the contra ct for the 201 7 CMP Repairs Project to Nu -Line Te chnologies , LLC ., th e lowest responsibl e bidde r, in th e amount of $253 ,049 .00 . Discussion : CMPs at the following four locations will be repaired : • 13465 Mountainside Drive • 14003 Halper Road • 13412 Powers Road • 13437 Powers Road Thes e four locations were identified as priority repairs in the recent CMP condition assessment study. All sections of pipe to be repaired , except two , are on private property within City easements. A portion of the 13412 Powers Road repair is within the right-of- way, and the entire 13437 Powers Road repair is within the right-of-way. The contract tim e for this project is 30 working days with an Engineer's estimate of $275,000.00 . This project is anticipated to be completed by November 2 017 . Bids were opened on August 29 , 2017 . The following two bids were received : Company Bid Amount Nu -Line Technoloqies , LLC $253 ,049 .00 Sancon $302,360.40 1 of 2 September 19, 2017, Item #1.5 Award of Contract for 2017 CMP Repairs Project September 19, 2017 Page 2 Fiscal Impact: Sufficient funds are available in the 2017 CMP Repairs account (1437) for the award of this contract. Environmental Review: The repair of these CMPs is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption , pursuant to Section 15301 of the CEQA Guidelines , in that it pertains to maintenance of existing storm drain facilities . Public Notification: Nu-Line Technologies , LLC., 102 Second Street, Suite B , Enc initas, CA 92024 Attachments: None Reviewed/A pproved By: We ndy Kase rm an Assi stant C ity Mana ge r 2 of 2 Re vi ewe d By: Mo rgan Fol ey C ity Attorne y T ina M. White Ci ty Man ager September 19, 2017, Item #1.5 City of Poway COUNCIL AGENDA REPORT APPROVED D APPROVED AS AMENDED 0 (SEE MINUTES) DENIED D REMOVED D DATE: TO: FROM: CONTACT: SUBJECT: Summary: CONTINUED ----- RESOLUTION NO. September 19, 2017 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services ~ Robert Manis , Director of Development Services (858) 668-4601 or bmanis@poway.org Peter Moote, Acting Director of Financ~l/v\... (858) 668-4414 or pmoote@poway.org Report of Emergency Repair Expenditures Pertaining to the 2017 Winter Storm Event Made Under Authority of Resolution No. 17-004 Adopted on January 24, 2017 On January 24, 2017, the Poway City Council adopted Resolution No . 17-004, which declared an emergency within the City of Poway, and suspended the notice and bidding requirements in connection with emergency repairs due to the 2017 Winter Storm Event. Significant winter storms occurred on January 20 and February 27. Upon adoption of the resolution , the City Manager may expend any sum required during the emergency, and report the same to the City Council in accordance with Public Contract Code Section 22050 . As required, the City Council will review all emergency expenditures at every regular meeting to determine if there is a need to continue the action , or if the declaration of emergency may be terminated . Recommended Action: It is recommended that the City Council continue the authorization for the City Manager to make necessary emergency repairs to protect the public health and welfare of the C ity. Discussion: All expenditures attributed to the 2017 Winter Storm Event exclude standard labor costs . The expenditures include totals for both the January 20 and February 27 storms, unless otherwise specified . Current Expenditures No current expenditures have been reported. Expenditures to Date $18 ,999 has been spent on miscellaneous items, including field supp lies. $38,881 has been spent on overtime labor. 1 of 6 September 19, 2017, Item #1.6 RESOLUTION NO. 17-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING THE EXISTENCE OF AN EMERGENCY WITHIN THE CITY DUE TO A WINTER STORM EVENT, AND SUSPENDING NOTICE AND BIDDING REQUIREMENTS IN CONNECTION WITH REPAIRS REQUIRED THEREBY WHEREAS, the Winter Storm Event in the City of Poway, commencing on or about January 20, 2017 that resulted in erosion, flooding, and damage to public roads, drainage systems, and other public facilities within the City, created 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 January 20, 2017, 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 safety of persons and property caused by the Winter Storm Event, attached hereto as Exhibit "A"; WHEREAS, the City Council is required by Government Code section 8630 and PMC section 2. 12.065 to ratify the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; 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 storm, wind, flood and erosion damage 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 repair and protect such public facilities. 3 of 6 ATTACHMENT A September 19, 2017, Item #1.6 Resolution No. 17 -004 Page 2 NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Poway hereby finds and declares: 1. An emergency exists within the City as the result of storm, wind, flood and erosion damage to public facilities; and (a) The continuing threat of erosion and flooding requires that the City be able to expend public money to repair and protect storm-damaged public facilities in order to safeguard life, health, or property; and (b) The City Manager is authorized to order work for the temporary repair or protection of public facilities damaged by flooding and wind or threatened by erosion, if and to the extent necessary, to safeguard life, health, or property without complying with notice or bidding procedures; and (c) 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 shall declare the emergency ended. 2. This Proclamation of Local Emergency and all subsequent resolutions 1n connection herewith shall require a four-fifths (415) vote of the City Council. PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, California, at a regular meeting thereof, this 24th day of January 2017. s: Steve Vaus, Mayor ATIEST: ~~ Nancy Neuii?EMC, City Clerk 4 of 6 September 19, 2017, Item #1.6 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) Resolution No. 17-004 Page 3 I, Nancy Neufeld, City Clerk, of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No.17-004 was duly adopted by the City Council at a meeting of said City Council held on the 24th of January 2017, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ~~~. City Clerk, City of Poway 5 of 6 September 19, 2017, Item #1.b Exhibit A 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; and 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 a winter storm event commencing on or about 1 ;00 p.m. on the day of January 20, 2017; and 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; and 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 California Disaster Assistance Act; and that 2. The State Director forward this Proclamation, and request for a State Proclamation 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 20th day of January, 2017. January 20, 2017 at 1 :00 p.m. Date and Time ~w~ Tina White Director of Emergency Services 6 of 6 September 19, 2017, Item #1.6 APPROVED D APPROVED AS AMENDED 0 City of Poway COUNCIL AGENDA REPORT (SEE MINUTES) DENIED D REMOVED D DATE: TO: FROM: SUBJECT: Summary: CONTINUED ____ _ Ordinance No. September 19, 2017 Honorable Mayor and Members of the City Council Nancy Neufeld, City Clerk fl/ (858) 668-4535 or nneufeld@poway.org Second Reading and Adoption of Ordinance No.808 entitled, "An Ordinance of the City of Poway, California, Amending Title 9 and 17 of the Poway Municipal Code, Prohibiting the Establishment of Marijuana Dispensaries, Cooperatives, and Collectives, and Prohibiting Marijuana Cultivation, Delivery, Manufacturing and Storage in All Zones within the City of Poway" The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on September 5, 2017. All Councilmembers were present. There were 6 speakers. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: AYES: Cunningham, Grosch, Mullin, Leonard, Vaus ABSTAINED: None ABSENT: None DISQUALIFIED: None Recommended Action: Adopt Ordinance No. 808 Fiscal Impact: None. Environmental Review: This project is exempt from the provisions of the 2016 California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15061 (b)(3) in that it entails the adoption of State-mandated Building Codes, with minor amendments. Public Notification: The Ordinances will be published in the Poway News Chieftain, a newspaper of general circulation in the City of Poway, within fifteen (15) days after their passage. 1 of 13 September 19 2017, Item # 2.1 Attachment: A. Ordinance No. 808 Reviewed/Approved By : Wendy Kaserman Assistant City Manager 2 of 13 Reviewed By : Morgan Foley City Attorney Ap~i[, T in a White City Manager September 19 2017, Item# 2.1 ORDINANCE NO. 808 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA AMENDING TITLE 9 AND TITLE 17 OF THE POWAY MUNICIPAL CODE, PROHIBITING THE ESTABLISHMENT OF MARIJUANA DISPENSARIES, COOPERATIVES, AND COLLECTIVES, AND PROHIBITING MARIJUANA CULTIVATION, DELIVERY, MANUFACTURING AND STORAGE IN ALL ZONES WITHIN THE CITY OF POWAY WHEREAS, the City of Poway ("City") has adopted an Ordinance regulating personal conduct within the City as codified in Title 9 of the Poway Municipal Code ("PMC" or "Municipal Code"), and regulating land uses within the City as codified in Title 17 of the PMC; WHEREAS, the Municipal Code currently prohibits the establishment of medical marijuana dispensaries, cooperatives and collectives in all zones of the City, but does not regulate the establishment of nonmedical marijuana dispensaries, cooperatives and collectives, and does not specifically address the use of areas within the City where cultivation, delivery, manufacturing and storage of marijuana is permitted, whether for commercial or personal use; WHEREAS, on June 28, 2016, the California Secretary of State certified an initiative measure for the November 8, 2016, statewide general election titled the "Control, Regulate and Tax Adult Use of Marijuana Act," which initiative received the designation as Proposition 64 ("Proposition 64"); WHEREAS, Proposition 64 has been approved by the voters in California, thereby effectively legalizing the cultivation, sales, possession, and consumption of nonmedical marijuana, subject to valid local and state regulations; WHEREAS, Ordinance No. 792 was adopted by the Poway City Council on November 2, 2016, and subsequently Ordinance 803 was adopted on December 6, 2016, as interim urgency ordinances in order to temporarily prevent and prohibit the establishment of nonmedical marijuana businesses and cultivation in all zones in the City until such reasonable time a detailed study by the City could be completed; WHEREAS, Ordinance No. 803, by its terms, is only effective until October 30, 2017, or such reasonable time as the study may be completed and any necessary public hearing process is conducted and amendments to the Zoning Ordinance, or other titles of the Municipal Code may be adopted, unless extended by ordinance of the City Council following a public hearing, whichever shall first occur; 3 of 13 September 19 2017, Item # 2.1 WHEREAS, an ordinance prohibiting marijuana dispensaries, collectives and cooperatives, and prohibiting marijuana cultivation, delivery, manufacturing and storage and prohibiting the issuance of any land use permits or entitlements for marijuana uses is necessary and appropriate to maintain and protect the public health, safety and welfare of the citizens of Poway; WHEREAS, an ordinance prohibiting marijuana uses and prohibiting the issuance of any land use permits or entitlements for such marijuana uses conforms with and is adequate to carry out the certified land use plan; further, that such an ordinance is consistent with the City's General Plan; WHEREAS, the City Council is mindful of the needs of medical marijuana patients and has developed this Ordinance in a manner that does not interfere with a patient's ability to produce his or her own medical marijuana or to obtain medical marijuana from a primary caregiver or as otherwise allowed under the Compassionate Use Act (CUA) and the Medical Marijuana Program (MMP); WHEREAS, the City Council recognizes that Proposition 64 allows the growth and cultivation of not more than six (6) marijuana plants in each residence for the personal recreational use of the adults residing in the residence; and WHEREAS, the City Council finds, pursuant to Title 14 of the California Code of Regulations, section 15061 (b)(3), that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The Poway City Council hereby finds that the above-listed findings are true and correct. SECTION 2: In the exercise of its legislative powers, the City of Poway has an overriding interest in planning and regulating development of all uses within the City. Implicit in any plan or regulation is the City's interest in maintaining and improving the quality of life and the character of the City's neighborhoods. Without safe neighborhoods, areas of the City can quickly deteriorate, with detrimental consequences to social, environmental, and economic values. It is the intent of the City Council to assure that all neighborhoods remain well-planned and that residents maintain a high quality of life. Allowing the location and establishment of marijuana dispensaries, cooperatives or collectives, and allowing marijuana cultivation, delivery, manufacturing and storage without prohibition, is likely to create a burden on public safety resources, including both law enforcement and emergency response services, thereby reducing the quality of life within the City's neighborhoods. SECTION 3: The intent of this Ordinance is to prohibit the use of any property within any zone in the City of Poway as a marijuana dispensary, cooperative or collective and prohibit marijuana cultivation, delivery, manufacturing and storage in all zones. The 4 of 13 September 19 2017, Item# 2.1 issuance of any permit, license, or certificate for the operation of any such uses shall be prohibited. Nothing in this Ordinance shall create any criminal liability for any individual who is a qualified patient or primary caregiver to a qualified patient, and is possessing or consuming medical marijuana in compliance with the CUA of 1996 (California Health and Safety Code section 11362.5) and the MMP (California Health and Safety Code section 11362.7 et seq.) provided, however, that no such qualified patient or primary caregiver is using property in the City of Poway contrary to this Ordinance. Further, nothing in this Ordinance shall create any criminal liability for any adult or group of adults who grows and cultivates not more than the legally allowable number of marijuana plants in their personal residence for their own personal use and consumption in compliance with sections 11362.1, 11362.2, 11362.3, 11362.4, and 11362.45 of the California Health and Safety Code. SECTION 4: Section 17.04.514 to Chapter 17.04 of Title 17 of the PMC shall be amended to read as follows: 17.04.514 "Marijuana cultivation", whether medical or otherwise, shall mean the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof, and any and all associated business and/or operational activities. Marijuana cultivation by any person or entity, including clinics, collectives, cooperatives and dispensaries, is prohibited in all zones within the City's jurisdictional limits. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity. Marijuana cultivation shall not include the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof by any "qualified patient," or "person with an identification card," as those terms are defined in California Health and Safety Code Section 11362.7. Marijuana cultivation shall also not include the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof indoors at a single residence, where the marijuana plants and products are for personal use and consumption by adult residents therein and are otherwise permitted by state or federal laws. Outdoor cultivation shall be strictly prohibited in all zones. "Marijuana delivery", whether medical or otherwise, shall mean the commercial delivery, transfer or transport, or arranging for the delivery, transfer or transport, or the use of any technology platform to arrange for facilities for the commercial delivery, transfer or transport of marijuana, edible marijuana products, or any marijuana products to or from any location within the jurisdictional limits of the City of Poway, and any and all associated business or operational activities. Marijuana delivery by any person or entity, including clinics, collectives, cooperatives and dispensaries, is prohibited in the City. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity. Marijuana delivery shall not include the delivery, transfer or transport of marijuana, edible marijuana products, or any marijuana products to any "qualified patient," or "person with an identification card," in the City, by any "primary caregiver," as each of those terms are defined in California Health and Safety Code section 11362.7, not to exceed eight ounces of dried marijuana 5 of 13 September 19 2017, Item# 2.1 for each "qualified patient" and "person with an identification card" residing in the City. "Marijuana: Dispensaries, Cooperatives, and Collectives", whether medical or otherwise, shall mean any facility or location, whether fixed or mobile, where marijuana is made available to three (3) or more of any of the following persons: a primary caregiver, a qualified patient, or a patient with an identification card. Each of these terms is identified in strict accordance with California Health and Safety Code Section 11362. 7 et seq. as such sections may be amended from time to time. A "marijuana dispensary" shall not include the following uses, as long as the location of such uses is otherwise regulated by this code and applicable state or federal law: (1) A clinic licensed pursuant to Chapter 1 Division 2 of the Health and Safety Code; (2) A healthcare facility licensed pursuant to Chapter 2 Division 2 of the Health and Safety Code; (3) A residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; (4) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; and (5) A residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law, including but not limited to, Health and Safety Code Section 11362.5 et seq. "Marijuana Manufacturing", whether medical or otherwise, shall mean the production, preparation, propagation, or compounding of cannabis products, including extraction processes, infusion processes; the packaging or repackaging of manufactured cannabis or cannabis products; or the labeling or relabeling of packages of manufactured cannabis or cannabis products. Marijuana manufacturing shall include all aspects of the extraction and/or infusion processes, including processing, preparing, holding, storing, packaging, or labeling of cannabis products as well as any processing, preparing, holding, or storing of components and ingredients. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity. Marijuana manufacturing shall not include the production, preparation, propagation, or compounding of cannabis products, including extraction processes, infusion processes or any part thereof by any "qualified patient," or "person with an identification card," as those terms are defined in California Health and Safety Code Section 11362. 7. Marijuana manufacturing shall also not include the production, preparation, propagation, or compounding of cannabis products, including extraction processes, infusion processes or any part thereof indoors at a single residence, where the marijuana plants and products are for personal use and consumption by adult residents 6 of 13 September 19 2017, Item# 2.1 therein and are otherwise permitted by state or federal laws. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity. "Marijuana storage" shall mean any facility or location, whether fixed or mobile, where marijuana, whether medical or otherwise, is stored either temporarily or permanently. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity. Marijuana storage shall not include the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof by any "qualified patient," or "person with an identification card," as those terms are defined in California Health and Safety Code section 11362.7 so long as it is located at the residence of the qualified patient or person with identification card. Marijuana storage shall also not include the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof indoors at a single residence, where the marijuana plants and products are for personal use and consumption by adult residents therein and are otherwise permitted by state or federal laws. SECTION 5: Section 17.08.100 to Chapter 17.08 Title 17 of the PMC is amended to read as follows: RR-A RS-2 RS-3 RS-4 RS-7 RC RA through C, RS-1 J. Marijuana: X X X X X X X dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and storage as defined in PMC Section 17.04.514 7 of 13 September 19 2017, Item# 2.1 SECTION 6: Section 17.08.110 to Chapter 17.08 Title 17 of the PMC is amended to read as follows: RR-A RS-2 RS-3 RS-4 RS-7 RC RA through C, RS-1 L. Marijuana: X X X X X X X dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and storage as defined in PMC Section 17.04.514 SECTION 7: Section 17.08.120 to Chapter 17.08 Title 17 of the PMC is amended to read as follows: RR-A RS-2 RS-3 RS-4 RS-7 RC RA through C, RS-1 I. Marijuana: X X X X X X X dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and storage as defined in PMC Section 17.04.514 8 of 13 September 19 2017, Item# 2.1 SECTION 8: Section 17.08.130 to Chapter 17.08 Title 17 of the PMC is amended to read as follows: RR-A RS-2 RS-3 RS-4 RS-7 RC RA through C, RS-1 B. Marijuana: X X X X X X X dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and storage as defined in PMC Section 17.04.514 SECTION 9: Section 17.08.140 to Chapter 17.08 Title 17 of the PMC is amended to read as follows: RR-A RS-2 RS-3 RS-4 RS-7 RC RA through C, RS-1 F. Marijuana: X X X X X X X dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and storage as defined in PMC Section 17.04.514 9 of 13 September 19 2017, Item# 2.1 SECTION 1 O: Section 17.08.150 to Chapter 17.08 Title 17 of the PMC is amended to read as follows: RR-A RS-2 RS-3 RS-4 RS-7 RC RA through C, RS-1 B. Marijuana: X X X X X X X dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and storage as defined in PMC Section 17.04.514 SECTION 11: Section 17.10.060 (Miscellaneous Uses) to Chapter 17.10 Title 17 of the PMC is amended to read as follows: MU co CN CB TC CG AG/C Marijuana: X X X X X X X dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and storage as defined in PMC Section 17.04.514 SECTION 12: Section 17.16.020 to Chapter 17.16 Title 17 of the PMC is amended to read as follows: MHP F. Marijuana: dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and X storaqe as defined in PMC Section 17.04.514 10 of 13 September 19 2017, Item# 2.1 SECTION 13: Section 17.18.020 to Chapter 17.18 Title 17 of the PMC is amended to read as follows: C. Notwithstanding any provision of the Municipal Code to the contrary, the use of any property within any planned residential development zone in the City of Poway as a marijuana dispensary, cooperative, or collective or for marijuana cultivation, delivery, manufacturing, or storage, as defined in PMC Section 17.04.514, is prohibited. The issuance of any permit, license, or certificate for the operation of any such uses shall be prohibited. SECTION 14: Section 17.20.020 to Chapter 17.20 Title 17 of the PMC is amended to read as follows: G. Notwithstanding any provision of the Municipal Code to the contrary, the use of any property within any planned community zone in the City of Poway as a marijuana dispensary, cooperative, or collective, or for marijuana cultivation, delivery, manufacturing and storage, as defined in PMC Section 17.04.514, is prohibited. The issuance of any permit, license, or certificate for the operation of any such uses shall be prohibited. SECTION 15: Section 17.22.020 to Chapter 17 .22 Title 17 of the PMC is amended to read as follows: P. Marijuana: dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and stora e as defined in PMC Section 17.04.514 X SECTION 16: Section 17.23.020 to Chapter 17.23 Title 17 of the PMC is amended to read as follows: AA. Marijuana: dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and X stora e as defined in PMC Section 17.04.514 SECTION 17: Section 17.24.020 to Chapter 17.24 or Title 17 of the PMC is amended to read as follows: 11. Marijuana: dispensaries, collectives and cooperatives, cultivation, delivery, manufacturing and X stora e as defined in PMC Section 17.04.514 11 of 13 September 19 2017, Item# 2.1 SECTION 18: Section 17.26.035 to Chapter 17.26 of Title 17 of the PMC is amended to read as follows: 17.26.035 Marijuana: Dispensary, Cooperative or Collective. Notwithstanding any provision of the Municipal Code to the contrary, the use of any property within any zone in the City of Poway as a marijuana dispensary, cooperative, or collective, or for marijuana cultivation, delivery, manufacturing or storage, as defined in PMC 17.04.514, is prohibited. The issuance of any permit, license, or certificate for the operation of any such uses shall be prohibited. SECTION 19: Section 9.32.010 to Chapter 9.32 of Title 9 of the PMC is amended to read as follows: 9.32.010 Definitions. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows: "Mobile marijuana dispensary" means any clinic, cooperative, club, business or group which transports or delivers, or arranges the transportation or delivery, of marijuana to a person. "Operation" means any effort to locate, operate, own, lease, supply, allow to be operated, or aid, abet or assist in the operation of a mobile marijuana dispensary. "Person" means any person, firm, corporation, association, club, society, or other organization. The term "person" shall include any owner, manager, proprietor, employee, volunteer or salesperson. SECTION 20: The City Council of the City of Poway hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance irrespective of any such portion declared invalid. SECTION 21: This Ordinance shall take effect thirty (30) days after the date of this passage, and before the expiration of fifteen (15) days from the passage thereof shall be published at least once with names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation, published and circulated in the City of Poway and thenceforth and thereafter the same shall be in full force and effect. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. 12 of 13 September 19 2017, Item# 2.1 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. Introduced and first read at a regular meeting of the City Council of the City of Poway, California this 5th day of September 2017, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 19th day of September 2017. Steve Vaus, Mayor ATTEST: Nancy Neufeld, CMC, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify, under penalty of perjury, that the foregoing Ordinance No. 808 was duly adopted by the City Council at a meeting of said City Council held on the 19th day of September 2017 and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 13 of 13 Nancy Neufeld, CMC, City Clerk City of Poway September 19 2017, Item# 2.1 City of Poway COUNCIL AGENDA REPORT APPROVED D APPROVED AS AMENDED 0 (SEE MINUTES) DENIED D REMOVED D DATE: TO: FROM: CONTACT: SUBJECT: Summary: CONTINUED ____ _ RESOLUTION NO. September 19, 2017 Honorable Mayor and Members of the City Council Morgan Foley, City Attorney John Ramirez, Partner Rutan & Tucker (Special Counsel) Morgan Foley, City Attorney mfoley@poway.org Public Hearing and First Reading of Ordinance Adopting By-District Elections for City Councilmembers Following a properly noticed public hearing held on July 18, 2017, the Council adopted Resolution No. 17-046 (Attachment A) outlining its intention to transition from at-large to by-district elections, pursuant to Elections Code section 1001 O(e)(3)(A). Pursuant to Elections Code section 1001 O(a)(1 ), the City held two public hearings before the drawing of any draft maps of proposed voting districts in order to receive public input regarding the composition of the districts. Based on public input and the criteria for drawing voting districts adopted by the Council, the City's districting consultant prepared several draft voting district maps, which, together with eligible maps submitted by the public, were presented to the Council and the public for discussion at its August 18 and August 31, 2017 hearings, pursuant to Elections Code section 1001 O(a)(2). At the conclusion of its August 31, 2017 hearing, the Council directed staff (by unanimous vote) to prepare an ordinance implementing by-district elections, including adopting "Map 133" as the City's voting district map (attached as Exhibit A to proposed Ordinance No. XXX) and the Council's preferred election sequence. Recommended Action: It is recommended that Council allow any further public comment and then introduce for first reading Ordinance No. XXX (Attachment C) implementing a by-district electoral system, including adopting the voting district boundaries set forth in Map 133, and an election sequence whereby Council Districts 1 & 3 will be on the November 2018 ballot, and Council Districts 2 & 4 will be on the November 2020 ballot. Discussion: The California Voting Rights Act ("CVRA") (California Elections Code § 14025 et seq.) was specifically enacted in 2002 to eliminate several key burden-of-proof requirements that exist under the federal Voting Rights Act of 1965 ("FVRA") (52 U.S.C. § 10301 et seq.) after several jurisdictions in California successfully defended themselves in 1 of 15 September 19, 2017 Item# 3.1 Public Hearing and First Reading of Ordinance Adopting By-District Elections for City Councilmembers September 19, 2017 Page 2 litigation brought under the FVRA. As a result, the CVRA is tilted heavily in favor of plaintiffs' attorneys. Indeed, over the relatively short 15-year history of the CVRA, and only after an initial challenge to it was resolved in 2006, public agencies have paid nearly $15 million to CVRA plaintiff attorneys. Due to the combination of the CVRA's low burden to trigger mandatory districting and its mandatory attorneys' fees provision, all CVRA cases that have been filed have ended with the defendant governmental agency implementing a district election system and paying some sort of attorneys' fee payment to those plaintiffs bringing such actions. In 2016, responding to the substantial costs imposed upon cities and other public agencies in defending CVRA lawsuits, the California Legislature amended the Elections Code to simplify the process of converting to by-district elections and to provide a "safe harbor" process to protect agencies from litigation. If a city receives a demand letter, such as the case here, then the city is given 45 days of protection from litigation to assess its situation. If within that 45 days, the city adopts a resolution declaring the Council's intent to transition from at-large to district based elections, outlining the steps to be taken to facilitate that transition, and estimating a time frame for action, then a potential plaintiff is prohibited from filing a CVRA action for an additional 90-day period. (Elec. Code§ 10010(e)(3).) Here, because the Council enacted Resolution No. 17-046 on July 18, 2017 declaring its intent to convert to a by-district method of election, which was within 45 days of receiving the demand letter, a CVRA lawsuit cannot be filed before October 16, 2017. (Elec. Code§ 10010(e)(3).) Following the enactment of Resolution No.17-046, pursuant to Elections Code section 1001 O(a)(1 ), the City Council held two hearings (on August 1 and August 8, 2017) to take public input regarding the composition of the City's voting districts before any draft maps were drawn. At its August 1, 2017 hearing, the Council adopted Resolution No. 17-055 (Attachment B), which set forth the mandatory districting criteria required by federal law (equal population across districts and compliance with the FVRA), as well as other criteria to be considered, such as topography, geography, cohesiveness/contiguity/integrity/compactness of territory, and community of interests. The City's districting consultant, National Demographics Corporation ("NOC"), then prepared proposed district maps pursuant to the factors set forth in Resolution No. 17- 055 and input provided by the public. NOC presented these maps to the Council for consideration and comment, along with all eligible maps submitted by the public, at public hearings held on August 18 and August 31, 2017, pursuant to Elections Code section 10010(a)(2). At its August 18, 2017 hearing, the Council identified four maps (101, 114, 123 and 127) that it wished to consider further, and eliminated the remainder of the maps from consideration. Accordingly, these four maps, along with the four eligible maps submitted by the public following the August 18, 2017 hearing and on or before the August 22, 2017 deadline (maps 131,133, 135 and 136), were presented to the Council at its August 31, 2017 public hearing, along with all public comments concerning the same. All draft maps were made publicly available at least 7 days before 2 of 15 September 19, 2017 Item# 3.1 Public Hearing and First Reading of Ordinance Adopting By-District Elections for City Cou ncilmembers September 19, 2017 Page 3 they were considered by the Council, (see, http://drawpoway.org/draft-maps/), in compliance with requirements set forth in Elections Code section 1001 O(a)(2). At the conclusion of the August 31, 2017 hearing, the Council unanimously voted to direct staff to prepare an ordinance implementing by-district elections , whereby Map 133 is adopted as the City's voting district map, and the by-district elections are implemented by placing the Councilmember seats from Council Districts 1 & 3 on the November 2018 ballot, and Councilmember seats from Council Districts 2 & 4 on the November 2020 ballot. That ordinance -proposed Ordinance No . XXX (Attachment C) -is now before the Council for its consideration. Environmental Review: This item is not subject to CEQA review. Fiscal Impact: There is no fiscal impact associated with holding this public hearing. The overall fiscal impacts of voluntarily converting to district elections is estimated to be approximate ly $82,500. Public Notification: None. Attachments: A. Resolution 17-046 B. Resolution 17-055 C. Ordinance No. XXX implementing by-district elections Reviewed/Approved By : wu~ ~ Wend¥7 Kaserman Assistant C ity Manager 3 of 15 A~~ Tina M. White City Ma nager September 19, 2017 Item# 3 ... I RESOLUTION NO. 17-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, EXPRESSING THE CITY COUNCIL'S INTENTION, PURSUANT TO ELECTIONS CODE SECTION 10010(e)(3)(A), TO INITIATE PROCEDURES FOR ESTABLISHING AND IMPLEMENTING BY-DISTRICT ELECTIONS FOR CITY COUNCIL MEMBERS WHEREAS, the City of Poway, California ("City") is a general law city, duly organized under the constitution and laws of the State of California; WHEREAS, four of the members of the Poway City Council are currently elected in at-large elections. in which each City Council member is elected by all registered voters of the entire City, with the mayor being separately elected by all registered voters of the entire City, pursuant to California Government Code sections 34871 and 34900 et seq.; WHEREAS, section 34886 of the Government Code authorizes any city to change to a by-district system or by-district system with an elective mayor without the need to put such a change to voters; WHEREAS, the City Council has determined that it is in the best interest of the City to move from its current at-large electoral system to a by-district election for members of the City Council, in furtherance of the purposes of California Voting Rights Act; WHEREAS, the City intends to make this transition from an at-large system to a by-district system in accordance with the procedural rules outlined in Government Code section 34886 and Elections Code section 10010; WHEREAS, the City received a letter threatening action under the California Voting Rights Act on June 7, 2017, less than forty-five (45) days before the date of this Resolution; WHEREAS, the City will begin by working with an experienced demographer to assist the City in establishing maps for a by-district electoral system; WHEREAS, before drawing a draft map of the proposed boundaries of the districts, the City will hold at least two (2) public hearings over no more than thirty (30) days, at which time the public is invited to provide input regarding the composition of the districts; WHEREAS, the City will then publish and make available for release at least one (1) draft map of the new electoral districts, including the potential sequence of elections shown; 4 of 15 Attachment A September 19, 2017 Item# .3. I Resolution No. 17-046 Page 2 WHEREAS, once the draft map has been publicized for at least seven (7) days the City will hold at least two (2) additional public hearings, over a period of no more than forty-five (45) days at which time the public is invited to provide input regarding the content of the draft map and the proposed sequence of elections prior to the public hearing at which the City Council adopts a map; WHEREAS, if a draft map is revised at or following a public hearing, the revised map will be published and made available to the public at least seven (7) days before the City chooses to adopt it; and WHEREAS, in determining the final sequence of staggered district elections, the City Council will give special consideration to the purposes of the California Voting Rights Act, and will take in to account the preferences expressed by the members of the districts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, California, as follows: Section 1: The above recitals are true and correct and are incorporated herein by this reference. Section 2: The City Council hereby resolves, pursuant to Elections Code section 10010, to adopt a by-district election system by ordinance as authorized by California Government Code section 34886, for use in the City's General Municipal Election for City Council Members. Section 3: The City Council further resolves to retain a qualified demographer, hold at least five (5) public hearings and publish at least one (1) draft map and staggering sequence, pursuant to the proposed hearing schedule attached hereto as Exhibit "A". Section 4: The City's redistricting/demographic consulting firm, acting under the supervision of the City Manager, is hereby authorized to direct and formulate one or more electoral district scenarios for review by the public and City Council at two or more public hearings if necessary, in accordance with the city's proposed timeline. Section 5: Working with the demographic consulting firm, staff is directed to publicize relevant maps, information, notices, agendas and other materials regarding by- district elections and to establish means of communication to answer questions from the public. Section 6: All public hearings shall be noticed as follows: posting on the city's website at least ten (10) calendar days in advance of the hearing and publication at least ten (10) days in advance of the hearing in the newspaper adjudicated to provide notice within the City. Section 7: The City Manager is authorized to take any and all other necessary actions to give effect to this Resolution. 5 of 15 September 19, 2017 Item# 3-I Resolution No. 17-046 Page 3 Section 8: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 18th day of July 2017. ATTEST: ~~H. City Clerk STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) Steve Vaus, Mayor I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 17-046 was duly adopted by the City Council at a meeting of said City Council held on the 18th day of July 2017, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE 6 of 15 ~~C, City Clerk City of Poway September 19, 2017 Item# :3 -1 June 7, 2017 July 18, 2017 August 1, 2017 @ 7 p.m. Regular City Council Meeting August 8, 2017@ 7 p.m. Special City Council Meeting August11,2017 August 1 B, 2017 @ 6 p.m. Special City Council Meeting August 31, 2017@ 7 p.m. Special City Council Meeting September 19, 2017@7 p.m. Regular City Council Meeting October 3, 2017 Regular City Council Meeting Exhibit "A" District Election Timeline Resolution No. 17 -046 Page 4 City receives letter alleging violation of California Voting Rights Act Public Hearing City Council adopts resolution setting forth intention and limeline for adopting by-district elections. Public Hearing Overview of the process and city demographics. Gather input from public to be used in establishing options for district boundaries. Adopt resolution selling forth mandatory and permissive districting criteria. Public Hearing Second hearing lo gather input from public lo be used in establishing options for district boundaries. Draft maps available for public review. Public Hearing Public hearing lo discuss and take public comment on draft maps and proposed sequence of elections. Public Hearing Public hearing to discuss and lake public comment on draft maps and proposed sequence of elections. Public Hearing Introduce ordinance for first reading establishing district boundaries and transition plan/sequence of elections. Public Meeting Second reading and adoption of ordinance establishing district maps and transition plan/sequence of elections. All public hearings will lake place in the City Council Chambers, 13325 Civic Center Drive, Poway, CA 92064 7 of 15 September 19, 2017 Item # 3. I RESOLUTION NO. 17-055 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING LINE DRAWING CRITERIA FOR ESTABLISHING COUNCIL DISTRICT BOUNDARIES WHEREAS, the City Council of the City of Poway ("City") was elected under an "at large" election system whereby Councilmembers were elected by voters of the entire City; WHEREAS, the City Council is considering a change to the "by district" elections whereby each Councilmember must reside within the designated district boundary and is elected only by voters of that district; WHEREAS, the Federal Voting Rights Act (42 U.S.C. Section 1973) prohibits the use of any voting qualification, or prerequisite to voting, or standard practice or procedure in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color; WHEREAS, federal law and the equal protection clause require that each district be equal in population to ensure compliance with the "one person, one vote" rule; however, deviations approximating five to ten percent may pass muster under the equal protection clause where required to meet an official criteria; and WHEREAS, the City Council has instructed its demographer and city staff to develop draft maps that fully comply with legal requirements and intends to provide official criteria for any needed deviations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1. The City Council of the City of Poway does hereby adopt the following criteria to guide the establishment of districts for council elections (each, a "Council District"): 1. Each Council District shall contain a nearly equal number of inhabitants; 2. Council District borders shall be drawn in a manner that complies with the Federal Voting Rights Act; 3. Council Districts shall consist of contiguous territory in as compact form as possible; 4. Council Districts shall respect communities of interest as much as possible; 8 of 15 Attachment B September 19, 2017 Item #3, I Resolution No. 17-055 Page2 5. Council District borders shall follow visible natural and man-made geographical and topographical features as much as possible; and 6. If the Council is so inclined, Council District borders may respect the previous choices of voters by avoiding the creation of head-to-head contests between Councilmembers previously elected by the voters, insofar as this does not conflict with Federal or State Law. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 1st day of August 2017. ATIEST: STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) <'. > .s Steve Vaus, Mayor I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 17-055 was duly adopted by the City Council at a meeting of said City Council held on the 1st day of August 2017, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE City of Poway 9 of 15 September 19, 2017 Item# J. I ORDINANCE NO. XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ESTABLISHING AND IMPLEMENTING BY-DISTRICT ELECTIONS AND AMENDING CHAPTER 2.04 OF THE POWAY MUNICIPAL CODE TO PROVIDE FOR CITY COUNCIL ELECTIONS BY DISTRICTS WHEREAS, the City of Poway supports the full participation of all citizens in electing members of the City Council; and WHEREAS, the City of Poway currently elects its four (4) members of the City Council using an at-large election system, with a separately elected mayor, where candidates may reside in any part of the City and each member of the City Council is elected by the voters of the entire City; and WHEREAS, California Government Code Section 34886, effective January 1, 2017, permits the City Council to change the City's method of election by ordinance to a "by-district" system in which each member of the City Council is elected only by the voters in the district in which the candidate resides, and permits the mayor to continue to be elected at-large, in accordance with California Government Code Section 34871, subdivision (c); and WHEREAS, under the provisions of California Elections Code Section 10010, a city that changes from an at-large city council method of election to a by-district city council method of election requires a total of five public hearings, which includes at least two public hearings regarding potential voting district boundaries prior to the release and consideration of any draft voting district maps, and two public hearings following the release of draft voting district map(s); and WHEREAS, at regular meeting of the City Council of the City of Poway held on the 18th day of July, 2017, the City Council adopted Resolution No. 2017-046 that initiated the process of establishing a by-district election system and adopted the schedule therefore; and WHEREAS, thereafter, at a regular and special meeting of the City Council of the City of Poway held on the 1st and 8th day of August, 2017, respectively, pursuant to California Elections Code Section 1001 O(a)(1 ), the City Council held public hearings where the public was invited to provide input regarding the composition of the City's voting districts before any draft maps were drawn, and the City Council of the City of Poway considered and discussed the same; and WHEREAS, at the regular meeting of the City Council of the City of Poway held on the 1st day of August, 2017, the City Council adopted Resolution No. 2017-055 setting forth the mandatory and permissive criteria to be considered when drawing voting district maps; and 2523/012782-0002 ~ H'<>f411 t"11117 Attachment C September 19, 2017 Item # 3 . I WHEREAS, thereafter, at special meetings of the City Council of the City of Poway held on the 18th and 31st day of August, 2017, pursuant to California Elections Code Section 10010(a)(2), the City Council held public hearings where the public was invited to provide input regarding the content of the draft maps that had been released at least seven (7) days before each meeting, as well as the proposed sequence of elections, and the City Council of the City of Poway considered and discussed the same; and WHEREAS, at the special meeting of the City Council of the City of Poway held on the 31st day of August, 2017, the City Council directed staff to draft an ordinance adopting the voting district map known as Map 133 and a sequence of elections whereby the Council District 1 and 3 seats will be placed on the 2018 ballot, and the Council District 2 and 4 seats on the 2020 ballot; and WHEREAS, at the regular meeting of the City Council of the City of Poway held on the 19th day of September, 2017, the City Council held a final public hearing on the proposal to establish district boundaries, reviewed additional public input, formally selected the voting district map and the election sequence attached to, incorporated in, and set forth in this Ordinance, which was introduced for a first reading at the same regular meeting of the City Council of the City of Poway; and WHEREAS, at the regular meeting of the City Council of the City of Poway held on the 3rd day of October, 2017, the City Council of the City of Poway conducted a second reading and adopted the Ordinance; and WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code Section 34886, an Ordinance providing for the election of members of the City Council of the City of Poway by-district in four single-member districts as reflected in Exhibit 1 to this Ordinance, with the Mayor elected at-large, in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code) and to implement the guarantees of Section 7 of Article 1 and of Section of Article II of the California Constitution. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct. SECTION 2. The City of Poway is hereby divided into four (4) Council districts and the boundaries of the districts are more particularly depicted in Exhibit A, which is attached hereto and incorporated by this reference. SECTION 3. Chapter 2.04 of the Poway Municipal Code is hereby amended by adding new Sections 2.04.060, 2.04.070, 2.04.080, and 2.04.090 to read as follows: 2.04.060 By-District Electoral System. Pursuant to California Government Code Section 34886 and the schedule established in Section 2.04.080 of this Chapter, beginning in November 2018, 2523/012782-0002 11f'h'f41't•111117 -2- September 19, 2017 Item #3. I members of the City Council shall be elected on a by-district basis from four (4) single-member Council Districts. The Mayor shall be separately elected on a City- wide basis. The City's by-district electoral system shall be conducted in accordance with California Government Code Section 34871, subdivision (c). 2.04.070 Establishment of City Council Electoral Districts. A. Pursuant to Section 2.04.060 of this Chapter, members of the City Council shall be elected on a by-district basis, as that term is defined in California Government Code Section 34871, subdivision (c), from the four Council Districts as established and amended from time to time by ordinance, and numerically designated as District 1, District 2, District 3, and District 4. B. Members of the City Council, excluding the Mayor, shall be elected in the electoral districts established by this Section and subsequently reapportioned pursuant to applicable State and federal law. C. Except as provided in subdivision D herein and notwithstanding any other provision of this Chapter, once this Ordinance is fully phased in, the member of the City Council elected or (in the event of a vacancy filled by the City Council) appointed to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code Section 34882 and Elections Code Section 10227. Termination of residency in a district by a member of the City Council shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within thirty (30) days after the termination of residency. D. Notwithstanding any other provision of this Section, and consistent with the requirements of California Government Code Section 36512, the members of the City Council in office at the lime the Ordinance codified in this Chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. At the end of the term of each member of the City Council, excluding the separate office of Mayor, that member of the City Council's successor shall be elected on a by-district basis in the districts established in this Section and as provided in Section 2.04.080 of this Chapter. E. Nothing in this Section shall affect the election of the Mayor, who shall remain elected on a City-wide basis, in accordance with Government Code Sections 34871, subdivision (c), and 34900 et seq. 2.04.080 Election Schedule. Except as otherwise required by California Government Code Section 36512, the members of the City Council shall be elected from Council Districts 1 and 3 beginning at the General Municipal Election in November 2018, and every four years thereafter, as such Council Districts shall be amended. Members of the City 2523/012762-0002 1 ~'c'.;1411 t"11117 -3- September 19, 2017 Item# 3. l Council shall be elected from Council Districts 2 and 4 beginning at the General Municipal Election in November 2020, and every four years thereafter, as such Council Districts shall be amended. The election schedule for the Mayor is not affected by this Section. 2.04.090 Map of Council Districts. The city clerk shall maintain a map of the city showing the current boundaries and numbers of each city council district as may be established and amended from time to time by ordinance of the city council. SECTION 4. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts. SECTION 5. To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof. SECTION 6. In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes. SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Poway hereby declares the Council would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. 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. 2523/012782-0002 ~ ~5o'f'1' t9/11/17 -4- September 19, 2017 Item# 3-I Introduced and first read at a Regular Meeting of the City Council of the City of Poway, California held the 19th day of September 2017, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 3rd day of October 2017. ATTEST: Nancy Neufeld, CMC, City Clerk STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) Steve Vaus, Mayor I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify that the foregoing Ordinance No. , was duly adopted by the City Council at a regular meeting of said City Council held on the 3rd day of October 2017, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 2523/012782-0002 1 ~5~f411t"11117 -5- Nancy Neufeld, CMC, City Clerk City of Poway September 19, 2017 Item# 3. I 1 3 4 2 Twin Peaks Rd St o w e D rPomerado RdStone Canyon Rd Kirkham Way Scripps Poway PkwyCommunity RdGarden Rd Sycamore Canyon RdEl Camino EntradaTierra Bonita RdHi g h V a l l e y R d Rostrata RdSaint Andrews DrOld Coach RdMarkar RdBlue Crystal Trl Lake Poway Park Silverset ParkArbolitos Sport Fields Adobe Ridge Minipark Meadowbrook Mid Schl Starridge Park Cypress Canyon Park P o w a y Rd Espola Rd Poway Rd 67 City of Poway 2017 Districting National Demographics Corporation, September 5, 2017 Council- Preferred Plan 133 2018 Elections: 1 & 3 2020 Elections: 2 & 4 Map layers Plan 133 Water Area Streets Landmark Area River 15 of 15 September 19, 2017 Item 3.1 City of Poway COUNCIL AGENDA REPORT APPROVED D APPROVED AS AMENDED 0 (SEE MINUTES) DENIED D REMOVED D DATE: TO: FROM: SUBJECT: Summary: CONTINUED ____ _ September 19, 2017 RESOLUTION NO. Honorable Mayor and Members of the City Council Peter Moote, Acting Director of Financ{\.>....._, (858) 668-4414 or pmoote@poway.org \ Introduction and First Reading of Ordinance Repealing Section 3.28.080 of the Poway Municipal Code and Adding a New Section 3.28.080 Pertaining to Purchasing Chapter 3.28 (Purchasing) of the City of Poway Municipal Code adopts a purchasing system that establishes procedures and guidelines for the purchase of supplies, equipment, materials and services. The current threshold for requiring competitive bids for materials and services has been found to be significantly lower than current industry standards. Amending the purchasing code to better align the City's purchasing thresholds with updated standards will result in improved administrative efficiency while maintaining purchasing best practices. Recommended Action: It is recommended that the City Council take public input; close the public hearing and introduce an Ordinance for first reading by title only, waiving further reading; and schedule adoption of the attached Ordinance for October 3, 2017. Discussion: A survey of current purchasing thresholds adopted by San Diego area public agencies suggests that Poway's existing threshold for permitting purchases without solicitation of competitive bids is significantly lower by comparison. The average threshold for the seventeen agencies surveyed is approximately $13,300. Poway's current threshold for the competitive bidding exception is $1,000, and has been in place since 2008. In addition to the survey results, buyers in the various City departments have reported that obtaining competitive quotes under the existing Code requirement has been increasingly challenging due to vendors not responding to requests for pricing on relatively small, lower cost orders. The most common adopted no-bid threshold in relatively close range to the average for the surveyed agencies is currently $10,000. This amount is also consistent with the region's calculated average after excluding the highest and lowest adopted limits. Based on this result, the recommended new limit for purchasing under the code section for exceptions to bidding requirements is $10,000. It should be noted that with adoption of this limit, the City's existing practice of encouraging solicitation of quotes for any purchase when doing so is administratively effective will remain. 1 of 8 September 19, 2017, Item #3.2 Repealing and Adding New Municipal Code Section 3.28.080 September 19, 2017 Page 2 The thresholds for informal and formal bidding were found to be in line with current standards and require no adjustments. In summary, the recommended change to the City's purchasing code results in threshold requirements shown in the table below: Procurement Limit Activity Current Proposed Public Works Pro·ects A project for the erection, improvement, painting, or repair of public buildings and works er State PCC 20160 $5,000 $5 ,0 00 Su ment, Materials and Services 0 en Market $1,000 Informal Biddin Formal Biddin $50,000 and over $50,000 and over In addition to increasing the purchasing threshold, the attached Ordinance amends section 3.28.080 to clarify that three (3) proposals and award ing to the lowest responsible bidder only applies to open market purchases of supplies and equipment, and not for services . Engagement of services are addressed in section 3.28.100, which provides for selection based on optimal pricing and qualifications. Environmental Review: This item is not subject to CEQA review. Fiscal Impact: None. Public Notification: A public notice was published in the Poway N e ws Chieftain on September 7 and 14, 2017. Attachments: A. Strikeout Version of Ordinance B. Clean Version of Ordinance Reviewed/Approved By: Wendy aserman Assistant City Manager 2 of 8 Reviewed By : Morg a n Foley City Attorney Tina M. White City Manager September 19, 2017, Item #3.2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, REPEALING SECTION 3.28.080 OF THE POWAY MUNICIPAL CODE AND ADDING A NEW SECTION 3.28.080 PERTAINING TO PURCHASING WHEREAS, the City of Poway enacted its Purchasing Code, codified at Chapter 3.28 of the Poway Municipal Code, in 1982; WHEREAS, the City of Poway last revisited its Purchasing Code in 2008; and WHEREAS, there is a need to update the City's Purchasing Code, in order to increase the purchase threshold of open market supplies, equipment, materials and services from the $1,000 threshold at which it stands to $10,000; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: Section 3.28.080 of Chapter 3.28 of the Poway Municipal Code is hereby repealed. SECTION 2: A new section 3.28.080 is hereby added to Chapter 3.28 of the Poway Municipal Code to read as follows: 3.28.080 Exceptions to bidding requirements. Where otherwise required by this chapter, formal or informal bidding procedures may be waived, at the discretion of the City Manager or his or her designee, when: A. An emergency requires that the supplies, services or equipment be acquired from the nearest available source or vendor. B. The supplies, services or equipment can be obtained from only one vendor or source. C. The supplies or equipment are required to match or be compatible with other supplies or equipment previously purchased by the City. D. The City Manager or City Council has established a standardized type or make of supplies or equipment for the City. E. The City Manager, or his or her designee, determines that competitive bidding is impossible, or not in the public's interest. 3 of 8 ATTACHMENT A September 19, 2017, Item #3.2 Ordinance No. Page 2 F. Services, other than a public project, as defined by Public Contracts Code Section 20161, are to be performed entirely by City forces. G. For public projects, as defined by Public Contracts Code Section 20161, no bids are received , or the City Council has rejected all bids pursuant to Public Contracts Code Section 20167, and any amendments thereto . H. The value of the supplies, services or equipment to be purchased does not exceed $1 ,000 $10 ,000 . Open market purchases for supplies or equipment shall, wherever possible, be based on at least three bids and shall be awarded to the lowest responsible bidder. The lowest responsible bidder will be the individual or firm who submits a responsible bid based on total cost, and which is determined to be the most advantageous to the City . SECTION 3: 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. Introduced and first read at a Regular Meeting of the City Council of the City of Poway, California held the 19th day of September 2017, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 3rd day of October 2017. Steve Vaus, Mayor ATIEST: Nancy Neufeld, CMC, City Clerk 4 of 8 September 19, 2017, Item #3.2 STATE OF CALIFORNIA ) ) 88 COUNTY OF SAN DIEGO ) Ordinance No. Page 3 I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify that the foregoing Ordinance No. ***, was duly adopted by the City Council at a regular meeting of said City Council held on the 3rd day of October 2017, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 5 of 8 Nancy Neufeld, CMG, City Clerk City of Poway September 19, 2017, Item #3.2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, REPEALING SECTION 3.28.080 OF THE POWAY MUNICIPAL CODE AND ADDING A NEW SECTION 3.28.080 PERTAINING TO PURCHASING WHEREAS, the City of Poway enacted its Purchasing Code, codified at Chapter 3.28 of the Poway Municipal Code, in 1982; WHEREAS, the City of Poway last revisited its Purchasing Code in 2008; and WHEREAS, there is a need to update the City's Purchasing Code, in order to increase the purchase threshold of open market supplies, equipment, materials and services from the $1,000 threshold at which it stands to $10,000; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: Section 3.28.080 of Chapter 3.28 of the Poway Municipal Code is hereby repealed. SECTION 2: A new section 3.28.080 is hereby added to Chapter 3.28 of the Poway Municipal Code to read as follows: 3.28.080 Exceptions to bidding requirements. Where otherwise required by this chapter, formal or informal bidding procedures may be waived, at the discretion of the City Manager or his or her designee, when: A. An emergency requires that the supplies, services or equipment be acquired from the nearest available source or vendor. B. The supplies, services or equipment can be obtained from only one vendor or source. C. The supplies or equipment are required to match or be compatible with other supplies or equipment previously purchased by the City. D. The City Manager or City Council has established a standardized type or make of supplies or equipment for the City. E. The City Manager, or his or her designee, determines that competitive bidding is impossible, or not in the public's interest. 6 of 8 ATTACHMENT B September 19, 2017, Item #3.2 Ordinance No. Page 2 F. Services, other than a public project, as defined by Public Contracts Code Section 20161, are to be performed entirely by City forces. G. For public projects, as defined by Public Contracts Code Section 20161, no bids are received, or the City Council has rejected all bids pursuant to Public Contracts Code Section 20167, and any amendments thereto. H. The value of the supplies, services or equipment to be purchased does not exceed $10,000. Open market purchases for supplies or equipment shall, wherever possible, be based on at least three bids and shall be awarded to the lowest responsible bidder. The lowest responsible bidder will be the individual or firm who submits a responsible bid based on total cost, and which is determined to be the most advantageous to the City. SECTION 3: 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. Introduced and first read at a Regular Meeting of the City Council of the City of Poway, California held the 19th day of September 2017, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 3rd day of October 2017. Steve Vaus, Mayor ATTEST: Nancy Neufeld, CMC, City Clerk 7 of 8 September 19, 2017, Item #3.2 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) Ordinance No. Page 3 I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify that the foregoing Ordinance No. ***, was duly adopted by the City Council at a regular meeting of said City Council held on the 3rd day of October 2017, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 8 of 8 Nancy Neufeld, CMC, City Clerk City of Poway September 19, 2017, Item #3.2 City of Poway COUNCIL AGENDA REPORT APPROVED D APPROVED AS AMENDED 0 (SEE MINUTES) DENIED D REMOVED D DATE: TO: FROM: SUBJECT: Summary: CONTINUED ____ _ September 19, 2017 RESOLUTION NO. Honorable Mayor and Members of the City Council Peter Moote, Acting Director of Finance (858) 668-4414 or pmoote@poway.org Introduction and First Reading of Ordinance Amending the Poway Municipal Code References of Administrative Services to Finance Department, Director of Finance, or Director of Human Resources & Risk Management City Council adopted the Proposed FY 2017-18 Comprehensive Financial Plan (budget) on June 20, 2017. The budget reflected the reorganization of Administrative Services into separate departments: Finance and Human Resources & Risk Management. This reorganization necessitates amendments to the Poway Municipal Code to reflect the replacement of Administrative Services Department with Finance Department and Director of Administrative Services with Director of Finance, or Director of Human Resources & Risk Management. Recommended Action: It is recommended that the·City Council take public input; close the public hearing and introduce an Ordinance for first reading by title only, waiving further reading; and schedule adoption of the attached Ordinance for October 3, 2017. Discussion: There are currently various references to the Administrative Services Department and Administrative Services Director in the Poway Municipal Code. Adoption of the attached Ordinance amends the applicable chapters of the Code to replace all such references with the Finance Department and Director of Finance, or Director of Human Resources & Risk Management in order to reflect the reorganization of the City's Administrative Services Department. Environmental Review: This item is not subject to CEQA review. Fiscal Impact: None. 1 of 22 September 19, 2017, Item #3.3 Ordinance Amending References to Administrative Services September 19, 2017 Page 2 Public Notification: A public notice was published in the Poway News Chieftain on September 7 and 14, 2017. Attachments: A. Strikethrough of Ordinance B. Clean Version of Ordinance Reviewed/Approved By: Assistant City Manager 2 of 22 Reviewed By: Morgan Foley City Attorney Approved By: T in a M. White City Manager September 19, 2017, Item #3.3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF POWAY , CALIFORNIA, AMENDING THE POWAY MUNICIPAL CODE REFERENCES OF ADMINISTRATIVE SERVICES TO FINANCE DEPARTMENT, DIRECTOR OF FINANCE , OR DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT WHEREAS, the City of Poway reorganized the Administrative Services Department effective June 20, 2017; and WHEREAS, there is a need to update the Poway Municipal Code to reflect the reorganization of the Adm inistrative Services Department into the Finance Department and Human Resources & Risk Management Department. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: Section 3 .20 .050 is modified to read as follows : 3.20.050 Determination of use and flow. A. The Director of Safety Services shall determine the use of the parcel and calculate the fire flow , and maintain a record of the calculation for all commercial , institutional , irrigated and vacant acreage subject to the fire protection special tax. These records shall be made available to the property owner, lessee , or resident of the property upon request. If a dispute exists regarding the calculation , the Director of Safety Services shall investigate and render a final written decision which shall be mailed to , or otherwise made available to the person requesting the investigation . B . If as a result of the investigation of the Director of Safety Services it is determined that the calculation was incorrect, the Director of Administrative Services Finance shall adjust the current year's tax for the property. C . For the purpose of this tax, all single-family residences , mobile home units, and apartment dwelling units shall be considered equal and shall not be subject to a separate calculation, except as expressly provided herein. D . The determination of use or flow may be appealed to the City Council in accordance with Chapter 2.20 PMC. (Ord. 476 § 2 , 1997) SECTION 2 : Section 3 .20.060 is modified to read as follows : 3.20.060 Calculation of tax. The Director of Administrative Services Finance shall cause to be calculated the tax on each parcel by multiplying the number of fire flow points assigned to the parcel by the tax rate . The tax rate shall be $3.12 per point. (Ord. 476 § 2, 1997) 3 of 22 ATTACHMENT A September 19, 2017, Item #3.3 Ordinance No. SECTION 3: Section 3.20.070 is modified to read as follows : 3.20.070 Procedures for levying tax and setting appeal hearing. Page 2 The Director of Safety Services shall cause to be prepared and annually file with the Director of Administrati11e Services Finance a written report containing a description of each lot or parcel of property subject to the fire protection special tax for each fiscal year. The Administrative Services Finance Department shall calculate the amount of the fire protection tax to be levied on each parcel. The amount of the tax along with the description of each parcel shall then be filed with the City Clerk . The City Clerk shall set a time and place for a public hearing to be held regarding the annual levy of the fire protection tax, and publish and notice said hearing in accordance with the Government Code . Following approval of the tax by City Council, the Council shall confirm the calculation and levy of the tax and provide for placement of the tax upon the assessment rolls and for collection in accordance with law. (Ord . 476 § 2, 1997) SECTION 4 : Section 3 .25.030 is modified to read as follows : 3.25.030 Title to and accounting of fund assets. Title to all property/assets received pursuant to this program shall be taken in the name of the City and shall vest in the City. Upon receipt of any transferred property/asset, the City Manager shall immediately notify the Director of Administrative Services Finance of the acquisition. The Director, or his/her designee, shall make the necessary entries in the City's inventory and accounting records , using the property's/asset's fair market value on the date of acquisition , as determined by the City's purchas ing agent. Whenever the City deems it necessary or expedient to sell forfeited noncash property/assets received , the proceeds shall be deposited in the law enforcement forfeited property and asset fund . (Ord . 309, 1990) SECTION 5 : Section 3 .28.030 is modified to read as follows : 3.28.030 Exceptions to centralized purchasing. The Director of Administrative Services Finance or designee may, when authorized by the City Manager in writing , authorize a department or division to purchase supplies and equipment when such purchases may be made more advantageously or expeditiously by the respective department or division. (Ord . 675 § 3 , 2008 ; Ord . 260 § 1, 1988; Ord . 55 § 3 , 1982) SECTION 6: Section 3 .28.050 is modified to read as follows: 3.28.050 Unauthorized purchases. No City department head , division head or other employee shall make or order the purchase of any supplies , equipment, materials or services or make any contract without 4 of 22 September 19, 2017, Item #3.3 Ordinance No. Page 3 the prior approval, in writing, of the Director of Administrative Services Finance. (Ord. 675 § 5, 2008; Ord. 260 § 1, 1988; Ord. 55 § 5, 1982) SECTION 7: Section 3.28.070 is modified to read as follows: 3.28.070 Formal bidding procedure. Except as otherwise provided in this chapter, any purchase which exceeds $50 ,000 in value for supplies , services, and equipment, or the amount established by Public Contracts Code Section 20162 and succeeding amendments for contracts on public works projects, will be by formal bid. A. Notices inviting sealed bids shall be published at least twice , not less than five days apart, the first time being 10 days before the date of the opening of the bids, in a newspaper of general circulation in the City, or they shall be posted in at least three places in the City that have been designated by ordinance as the places for posting public notices. B . Notices inviting bids shall include a general description of the articles to be purchased, where bid forms and specifications may be obtained , and the time, date and place for the opening of bids. C. When deemed necessary by the Director of Administrati'le Services Finance , bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security ; provided , however, that a successful bidder shall forfeit the bid security upon the bidder's refusal or failure to execute the contract within 10 days after the notice of award of contract has been mailed . The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the City Council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the contract price differential between the lowest bid and the second lowest bid, and the surplus , if any, shall be returned to the lowest bidder. If the City Council rejects all bids presented , due to the failure of the successful bidder to execute the contract, and readvertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and the surplus, if any , shall be returned to the lowest bidder . D . Sealed bids together with bidder's security shall be submitted to the Director of Administrati'le Services Finance or designee. The bid shall be so identified on the envelope. Bids shall be opened in public at the date, time and place stated in the public notices inviting the bids . Any bid received after the scheduled time of the bid opening shall be returned to the bidder unopened. A tabulation of all bids received shall be available for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening. E. At its sole discretion, the City Council may reject any and all bids presented and readvertise for bids pursuant to the procedure prescribed above . In the event no bids are received or all bids are rejected, the City Council may, in accordance with Public Contracts Code Section 20167, and any amendments thereto, direct the Director of Administrative Services Finance or designee to proceed pursuant to paragraphs relating to open market procedure or competitive negotiations . 5 of 22 September 19, 2017, Item #3.3 Ordinance No. Page4 F. If two or more bids received are for the same total amount or unit price , quality and service being equal, the City Council may at its discretion accept the bid it chooses with or without further negotiations with the tie bidders. G. The City shall have authority to require performance and labor and materials security before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the City. If the City requires security, the form and the amount of the security shall be described in the notice inviting bids. The notice inviting bids may provide that security may be posted in the form of a surety bond, a letter of credit drawn on an institution located in San Diego County and approved by the City Attorney, or a cash deposit. (Ord. 675 § 6 , 2008; Ord. 260 §§ 1, 3, 1988; Ord. 188 § 1, 1986; Ord. 55 § 7, 1982) SECTION 8: Section 3.28 .110 is modified to read as follows : 3.28.110 Cooperative purchasing. Purchase of supplies, services and equipment by contract, arrangement and agreement for the cooperative purchasing programs with the State, the County and any other public or municipal corporation of the State may be made by the Director of Administrative Services Finance when the administering agency has made their purchase in a competitive manner. (Ord. 675 § 9, 2008; Ord . 260 § 1, 1988; Ord. 55 § 11, 1982) SECTION 9: Section 3.28.130 is modified to read as follows : 3.28.130 Insurance and licensing. When contracting for services of any kind, no matter what the value of the contract is, the contractor must have: A. A policy of general liability insurance covering the contractor for claims and judgments arising from their products or activities for the City. The policy shall be for a minimum of $1 ,000,000 and extended by endorsement naming the City as additional insured. The $1 ,000,000 limit may be adjusted up or down by the Director of Administrative Services Human Resources & Risk Management or designee in conjunction with the City Attorney based upon the type of contract or service being considered and the potential liability exposure. B. The contractor, when required by law, must be licensed to perform work in the State of California, and the license must be current and properly classified. (Ord. 675 § 12, 2008; Ord. 361 § 4, 1992) SECTION 10: Section 5 .02 .160 is modified to read as follows: 5.02.160 Investigation and inspection procedure. All applications for a certificate shall be investigated and certified in accordance with the following guidelines: A. Applications for New Certificates. Each application for a new certificate shall be investigated and certified as noted below. The City shall make every attempt practicable 6 of 22 September 19, 2017 , Item #3.3 Ordinance No. Page 5 to complete all required investigations within 10 working days of the receipt of an application . 1. The Department of Development Services must certify that: a . The business and its location comply with the zoning development of the City; b. The business and its location is a lawful use under the laws of the State; and c . All buildings of the business have been issued certificates of occupancy. 2. The Fire Prevention Division of the Department of Safety Services must certify that the structures of the business are lawfully constructed pursuant to the fire, zoning and land use ordinance of the City. B. Applications for Renewal of an Existing Certificate . Each application for renewal of a certificate shall be processed as follows: The Customer Services Division of the Administrative Services Finance Department shall receive the application and review it to determine if any changes exist which may require the review of any other department agency or official. If a review is felt necessary, the application shall be forwarded to the appropriate department agency and/or officials for their review. (Ord. 518, 1999; Ord. 116 § 11, 1983) SECTION 11: Section 5.68.200 is modified to read as follows: 5.68.200 Fee modification and allocation. A. All fees referenced in this chapter shall be reviewed annually by the City Manager to determine whether such fees are adequate to cover the cost of implementing the provisions of this chapter. If the City Manager determines that such fees should be modified he shall submit his proposal to the City Council for approval. The City Council, after the effective date of the ordinance codified in this chapter , may establish any schedule of fees by resolution . B. All fees established by this chapter shall be collected by the Department of Administrative Services Finance . (Ord. 683 § 24 , 2008 ; Ord. 29 § 1, 1981; CC§ 66.531) SECTION 12: Section 8.96.020 is modified to read as follows : 8.96.020 Definitions. In addition to those terms previously defined in this chapter, for the purposes of this chapter, and for the purpose of any resolution to implement this chapter, the following definitions shall apply: A. "Administrative fine" or "administrative penalty" means a fine or penalty imposed on the responsible party as an incentive measure , and as permitted by this chapter, for water usage above the customer's water allocation, in the amount as may be adopted by the City Council by resolution. B. "Administrative review" means the procedures for imposing administrative fines and penalties as set forth in Chapter 1.10 PMC. Administrative review includes all procedures involving the appeal of the administrative fines or penalties charged , but shall not include any judicial review of a final decision. 7 of 22 September 19, 2017, Item #3.3 Ordinance No. Page 6 C . "Allocation" or "water allocation" means the amount by which a customer shall be limited in its use of raw, potable, or reclaimed water during any billing cycle , as determined by resolution of the City Council. D. "Base level usage" means an amount of water that is fixed by resolution of the City Council to be an allowable amount to be consumed by single-family or multifamily residential customers during any billing cycle and below which conservation is not required. E. "Billing cycle" means the period of time that water is delivered to a customer through the City's water facilities. The billing cycle may be monthly, bimonthly, or whatever period of time is established between the City and the customer by agreement. The billing cycle may be prorated based on the date of the opening or closing of account, including upon the termination of services following a "shut off'' notice issued by the City . F. "Conservation" refers to a temporary change in behavior of how water is used due to water use restrictions. Water use restrictions are often imposed due to a drought or other type of emergency that temporarily constrains supply availability . G. "Customer" means the party responsible (whether person, persons, or entity) for the payment of charges for water delivered by the City to the residence, business, or property. The customer does not need to own the property where the water is delivered . H. "End use water efficiency" focuses on reducing water waste, not just restricting its use to establish conservation. For example, not flushing the toilet as often would be considered water conservation; replacing a 3.5 gallon/flush toilet with a 1.28 gallon/flush toilet would be considered water end use efficiency. I. "Enforcement officer" means the City Manager, the Assistant City Manager, the Director of Public Works, and the Director of Administrative Services Finance, or any other person authorized by the City Manager to enforce the provisions of any City ordinance. J. "Incentive measures" refers to policies that use economic penalties and/or economic benefits to encourage water users to make decisions sooner rather than later to invest in end use efficiency methods and/or to restrict current water use . K . "Responsible party" or "party responsible" means the customer, the property owner (if either arrangements are made between the property owner and the City, or if by law, allowing a lien to attach to the property), or such persons responsible for payment of water charges for the account. L. Unit of Water. A "unit of water" is the equivalent of 7 48 gallons or 100 cubic feet (HCF). M . "Variance" means an exception to the allocated amount of water that may be consumed by a customer without incurring an administrative fine or penalty due to circumstances specifically related to the proper sanitation measures required in the home, for the health of either persons residing in the home or benefit from the daytime care of children or adults, although who are not residents . A variance may be limited in amount and in time, and is granted on a case-by-case basis . (Ord . 778 § 1, 2015) 8 of 22 September 19, 2017, Item #3.3 Ordinance No. Page 7 SECTION 13: Section 8.96.060 is modified to read as follows : 8.96.060 Administrative review of administrative fines and penalties. A. Any customer who wishes to appeal the imposition of an administrative penalty or fine imposed by the City under this chapter shall comply with the following procedures: 1. The customer shall pay all amounts due and owing on his or her water bill , except for any disputed penalty(ies) imposed by the City pursuant to this chapter to avoid interruption in service . 2 . The customer shall submit an appeal request form to the Director of Administrative Sep.rices Finance no later than 15 calendar days from the date that the customer's water bill for the billing cycle in which any penalty imposed is due. B. An appeal may be granted under the following limited circumstances: 1 . The amount of water delivered to the customer's property did not violate the water allocation, as evidenced by a demonstrable malfunction in the meter serving the customer's property or a billing error by the City. 2 . The customer demonstrates the water use is in accordance with a previously granted variance or, if the customer had not previously applied for a variance , that the use is in accordance with a subsequently approved variance applied for within 10 days following the billing date. 3. The customer demonstrates an undetected water leak occurred at his or her property during the billing cycle in which the penalty was imposed , resulting in water loss that did not benefit the customer, and notifies the City of such leak at least five days prior to the bill due date, and demonstrates that the leak has been repaired . C . The City shall respond to the appeal request within 30 calendar days from receipt of the appeal request form. D. The decision of the Director of Administrative Services Finance shall be final. E. If the appeal is not granted, the customer shall pay all the disputed penalties within 10 days of the date that the decision is mailed to the customer. F. Legal action must be commenced in accordance with Government Code Section 53069.4(b) by filing a petition with the Superior Court within 20 days of the date that the final decision of the Director of Administrative Services Finance is served on the customer. (Ord. 778 § 1 , 2015) SECTION 14: Section 9.52 .050 is modified to read as follows: 9.52.050 Billing . The Director of Safety Services shall notify the Director of Administrative Services Finance in writing. Following the rendering of police services , the name and address of the person responsible for the cost thereof, and such other information as may be required. The Director of Administrative Services Finance shall thereafter cause the appropriate billings to be made. (Ord. 328 , 1990) 9 of 22 September 19 , 2017, Item #3 .3 Ordinance No . SECTION 15: Section 16.20.090 is modified to read as follows : 16.20.090 Reduction of security. Page 8 A. The City Engineer may reduce and partially release securities posted as a guarantee of any act, obligation, or agreement as follows: 1. Improvement security shall be reduced only upon written request by the subdivider or developer who posted such security. 2. The City Engineer shall consider requests for the partial reduction of security only twice for any one agreement. 3. Upon receipt of a written request for reduction together with detailed estimates of the value of the work remaining to be completed, the City Engineer shall make determination whether such requests exceed the number allowed and if the security is sufficient in amount to be reduced . If satisfied that the security may be reduced , the City Engineer shall inspect the improvements and verify the percentage and the value of work remaining to be completed. The City Engineer may then authorize a reduction in the amount of security as follows: a. No reduction shall be made where more than 50 percent of the original value of work remains to be completed . b. Whenever 50 percent or more of the work has been completed, the original security may be reduced to the current value of the remaining work as a contingency. No reduction shall result in a remaining security less than 10 percent of the original. Any reduction authorized herein shall not apply to any required guarantee and warranty period, nor to the amount of the security deemed necessary by the City Engineer for such guarantee, nor to costs and reasonable attorney's fees therefor. c. Upon a determination that the security may be reduced and where the security takes the form of a Surety Bond or a Letter of Credit , the City Engineer shall notify the subdivider in writing of the amount of reduction and that the reduction does not apply to the warranty or guarantee period or the amount of security deemed necessary for such warranty or guarantee , not to costs and reasonable expenses and fees including attorney's fees. d . When the security takes the form of cash or other negotiable instrument, the City Engineer shall notify the Director of Administrative Services Finance to release an amount of said deposit which is computed as provided above in this section, less amounts estimated by the City Engineer to be necessary for the guarantee or warranty period , costs and reasonable expenses and fees including reasonable attorney 's fees . The Director of Administrative Services Finance is authorized to release said amounts upon written notification by the City Engineer. B. Reduction of securities shall only be construed as formal acceptance of any of the improvements completed at the time of reduction, but shall not be construed as acknowledgement by the City that a specified amount of construction has been completed. (Ord. 80 § 1, 1982 ; CC§ 81.803.3) SECTION 16: This Ordinance shall be codified. 10 of 22 September 19, 2017, Item #3.3 Ordinance No. Page 9 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. Introduced and first read at a Regular Meeting of the City Council of the City of Poway, California held the 19th day of September 2017, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 3rd day of October 2017. Steve Vaus, Mayor ATIEST: Nancy Neufeld, CMC, City Clerk 11 of 22 September 19, 2017, Item #3.3 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Ordinance No. Page 10 I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify that the foregoing Ordinance No. •••, was duly adopted by the City Council at a regular meeting of said City Council held on the 3rd day of October 2017, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 12 of 22 Nancy Neufeld, CMC, City Clerk City of Poway September 19, 2017, Item #3.3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING THE POWAY MUNICIPAL CODE REFERENCES OF ADMINISTRATIVE SERVICES TO FINANCE DEPARTMENT, DIRECTOR OF FINANCE, OR DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT WHEREAS, the City of Poway reorganized the Administrative Services Department effective June 20, 2017; and WHEREAS, there is a need to update the Poway Municipal Code to reflect the reorganization of the Administrative Services Department into the Finance Department and Human Resources & Risk Management Department. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: Section 3.20.050 is modified to read as follows: 3.20.050 Determination of use and flow. A. The Director of Safety Services shall determine the use of the parcel and calculate the fire flow, and maintain a record of the calculation for all commercial, institutional, irrigated and vacant acreage subject to the fire protection special tax. These records shall be made available to the property owner, lessee, or resident of the property upon request. If a dispute exists regarding the calculation, the Director of Safety Services shall investigate and render a final written decision which shall be mailed to, or otherwise made available to the person requesting the investigation. B. If as a result of the investigation of the Director of Safety Services it is determined that the calculation was incorrect, the Director of Finance shall adjust the current year's tax for the property. C. For the purpose of this tax, all single-family residences, mobile home units, and apartment dwelling units shall be considered equal and shall not be subject to a separate calculation, except as expressly provided herein. D. The determination of use or flow may be appealed to the City Council in accordance with Chapter 2.20 PMC. (Ord. 476 § 2, 1997) SECTION 2: Section 3.20.060 is modified to read as follows: 3.20.060 Calculation of tax. The Director of Finance shall cause to be calculated the tax on each parcel by multiplying the number of fire flow points assigned to the parcel by the tax rate. The tax rate shall be $3.12 per point. (Ord. 4 76 § 2, 1997) 13 of 22 ATTACHMENT B September 19, 2017, Item #3.3 Ordinance No. Page 2 SECTION 3: Section 3.20.070 is modified to read as follows: 3.20.070 Procedures for levying tax and setting appeal hearing. The Director of Safety Services shall cause to be prepared and annually file with the Director of Finance a written report containing a description of each lot or parcel of property subject to the fire protection special tax for each fiscal year. The Finance Department shall calculate the amount of the fire protection tax to be levied on each parcel. The amount of the tax along with the description of each parcel shall then be filed with the City Clerk. The City Clerk shall set a time and place for a public hearing to be held regarding the annual levy of the fire protection tax, and publish and notice said hearing in accordance with the Government Code. Following approval of the tax by City Council, the Council shall confirm the calculation and levy of the tax and provide for placement of the tax upon the assessment rolls and for collection in accordance with law. (Ord. 476 § 2, 1997) SECTION 4: Section 3.25.030 is modified to read as follows: 3.25.030 Title to and accounting of fund assets. Title to all property/assets received pursuant to this program shall be taken in the name of the City and shall vest in the City. Upon receipt of any transferred property/asset, the City Manager shall immediately notify the Director of Finance of the acquisition. The Director, or his/her designee, shall make the necessary entries in the City's inventory and accounting records, using the property's/asset's fair market value on the date of acquisition, as determined by the City's purchasing agent. Whenever the City deems it necessary or expedient to sell forfeited noncash property/assets received, the proceeds shall be deposited in the law enforcement forfeited property and asset fund. (Ord. 309, 1990) SECTION 5: Section 3.28.030 is modified to read as follows: 3.28.030 Exceptions to centralized purchasing. The Director of Finance or designee may, when authorized by the City Manager in writing, authorize a department or division to purchase supplies and equipment when such purchases may be made more advantageously or expeditiously by the respective department or division. (Ord. 675 § 3, 2008; Ord. 260 § 1, 1988; Ord. 55 § 3, 1982) SECTION 6: Section 3.28.050 is modified to read as follows: 3.28.050 Unauthorized purchases. No City department head, division head or other employee shall make or order the purchase of any supplies, equipment, materials or services or make any contract without 14 of 22 September 19, 2017, Item #3.3 Ordinance No. Page 3 the prior approval, in writing, of the Director of Finance. (Ord. 675 § 5, 2008; Ord. 260 § 1, 1988; Ord. 55 § 5, 1982) SECTION 7: Section 3.28.070 is modified to read as follows: 3.28.070 Formal bidding procedure. Except as otherwise provided in this chapter, any purchase which exceeds $50,000 in value for supplies, services, and equipment, or the amount established by Public Contracts Code Section 20162 and succeeding amendments for contracts on public works projects, will be by formal bid. A. Notices inviting sealed bids shall be published at least twice, not less than five days apart, the first time being 1 O days before the date of the opening of the bids, in a newspaper of general circulation in the City, or they shall be posted in at least three places in the City that have been designated by ordinance as the places for posting public notices. B. Notices inviting bids shall include a general description of the articles to be purchased, where bid forms and specifications may be obtained, and the time, date and place for the opening of bids. C. When deemed necessary by the Director of Finance, bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon the bidder's refusal or failure to execute the contract within 10 days after the notice of award of contract has been mailed. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the City Council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the City Council rejects all bids presented, due to the failure of the successful bidder to execute the contract, and readvertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder. D. Sealed bids together with bidder's security shall be submitted to the Director of Finance or designee. The bid shall be so identified on the envelope. Bids shall be opened in public at the date, time and place stated in the public notices inviting the bids. Any bid received after the scheduled time of the bid opening shall be returned to the bidder unopened. A tabulation of all bids received shall be available for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening. E. At its sole discretion, the City Council may reject any and all bids presented and readvertise for bids pursuant to the procedure prescribed above. In the event no bids are received or all bids are rejected, the City Council may, in accordance with Public Contracts Code Section 20167, and any amendments thereto, direct the Director of Finance or designee to proceed pursuant to paragraphs relating to open market procedure or competitive negotiations. 15 of 22 September 19, 2017, Item #3.3 Ordinance No. Page4 F. If two or more bids received are for the same total amount or unit price, quality and service being equal, the City Council may at its discretion accept the bid it chooses with or without further negotiations with the tie bidders. G. The City shall have authority to require performance and labor and materials security before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the City. If the City requires security, the form and the amount of the security shall be described in the notice inviting bids. The notice inviting bids may provide that security may be posted in the form of a surety bond, a letter of credit drawn on an institution located in San Diego County and approved by the City Attorney, or a cash deposit. (Ord. 675 § 6, 2008; Ord. 260 §§ 1, 3, 1988; Ord. 188 § 1, 1986; Ord. 55 § 7, 1982) SECTION 8: Section 3.28.110 is modified to read as follows: 3.28.110 Cooperative purchasing. Purchase of supplies, services and equipment by contract, arrangement and agreement for the cooperative purchasing programs with the State, the County and any other public or municipal corporation of the State may be made by the Director of Finance when the administering agency has made their purchase in a competitive manner. (Ord. 675 § 9, 2008; Ord. 260 § 1, 1988; Ord. 55 § 11, 1982) SECTION 9: Section 3.28.130 is modified to read as follows: 3.28.130 Insurance and licensing. When contracting for services of any kind, no matter what the value of the contract is, the contractor must have: A. A policy of general liability insurance covering the contractor for claims and judgments arising from their products or activities for the City. The policy shall be for a minimum of $1,000,000 and extended by endorsement naming the City as additional insured. The $1,000,000 limit may be adjusted up or down by the Director of Human Resources & Risk Management or designee in conjunction with the City Attorney based upon the type of contract or service being considered and the potential liability exposure. B. The contractor, when required by law, must be licensed to perform work in the State of California, and the license must be current and properly classified. (Ord. 675 § 12, 2008; Ord. 361 § 4, 1992) SECTION 10: Section 5.02.160 is modified to read as follows: 5.02.160 Investigation and inspection procedure. All applications for a certificate shall be investigated and certified in accordance with the following guidelines: A. Applications for New Certificates. Each application for a new certificate shall be investigated and certified as noted below. The City shall make every attempt practicable 16 of 22 September 19, 2017, Item #3.3 Ordinance No. Page 5 to complete all required investigations within 10 working days of the receipt of an application. 1. The Department of Development Services must certify that: a. The business and its location comply with the zoning development of the City; b. The business and its location is a lawful use under the laws of the State; and c. All buildings of the business have been issued certificates of occupancy. 2. The Fire Prevention Division of the Department of Safety Services must certify that the structures of the business are lawfully constructed pursuant to the fire, zoning and land use ordinance of the City. B. Applications for Renewal of an Existing Certificate. Each application for renewal of a certificate shall be processed as follows: The Customer Services Division of the Finance Department shall receive the application and review it to determine if any changes exist which may require the review of any other department agency or official. If a review is felt necessary, the application shall be forwarded to the appropriate department agency and/or officials for their review. (Ord. 518, 1999; Ord. 116 § 11, 1983) SECTION 11: Section 5.68.200 is modified to read as follows: 5.68.200 Fee modification and allocation. A. All fees referenced in this chapter shall be reviewed annually by the City Manager to determine whether such fees are adequate to cover the cost of implementing the provisions of this chapter. If the City Manager determines that such fees should be modified he shall submit his proposal to the City Council for approval. The City Council, after the effective date of the ordinance codified in this chapter, may establish any schedule of fees by resolution. B. All fees established by this chapter shall be collected by the Department of Finance. (Ord. 683 § 24, 2008; Ord. 29 § 1, 1981; CC § 66.531) SECTION 12: Section 8.96.020 is modified to read as follows: 8.96.020 Definitions. In addition to those terms previously defined in this chapter, for the purposes of this chapter, and for the purpose of any resolution to implement this chapter, the following definitions shall apply: A. "Administrative fine" or "administrative penalty" means a fine or penalty imposed on the responsible party as an incentive measure, and as permitted by this chapter, for water usage above the customer's water allocation, in the amount as may be adopted by the City Council by resolution. B. "Administrative review" means the procedures for imposing administrative fines and penalties as set forth in Chapter 1.10 PMC. Administrative review includes all procedures involving the appeal of the administrative fines or penalties charged, but shall not include any judicial review of a final decision. 17 of 22 September 19, 2017, Item #3.3 Ordinance No. Page 6 C. "Allocation" or "water allocation" means the amount by which a customer shall be limited in its use of raw, potable, or reclaimed water during any billing cycle, as determined by resolution of the City Council. D. "Base level usage" means an amount of water that is fixed by resolution of the City Council to be an allowable amount to be consumed by single-family or multifamily residential customers during any billing cycle and below which conservation is not required. E. "Billing cycle" means the period of time that water is delivered to a customer through the City's water facilities. The billing cycle may be monthly, bimonthly, or whatever period of time is established between the City and the customer by agreement. The billing cycle may be prorated based on the date of the opening or closing of account, including upon the termination of services following a "shut off'' notice issued by the City. F. "Conservation" refers to a temporary change in behavior of how water is used due to water use restrictions. Water use restrictions are often imposed due to a drought or other type of emergency that temporarily constrains supply availability. G. "Customer" means the party responsible (whether person, persons, or entity) for the payment of charges for water delivered by the City to the residence, business, or property. The customer does not need to own the property where the water is delivered. H. "End use water efficiency" focuses on reducing water waste, not just restricting its use to establish conservation. For example, not flushing the toilet as often would be considered water conservation; replacing a 3.5 gallon/flush toilet with a 1.28 gallon/flush toilet would be considered water end use efficiency. I. "Enforcement officer" means the City Manager, the Assistant City Manager, the Director of Public Works, and the Director of Finance, or any other person authorized by the City Manager to enforce the provisions of any City ordinance. J. "Incentive measures" refers to policies that use economic penalties and/or economic benefits to encourage water users to make decisions sooner rather than later to invest in end use efficiency methods and/or to restrict current water use. K. "Responsible party" or "party responsible" means the customer, the property owner (if either arrangements are made between the property owner and the City, or if by law, allowing a lien to attach to the property), or such persons responsible for payment of water charges for the account. L. Unit of Water. A "unit of water" is the equivalent of 7 48 gallons or 100 cubic feet (HCF). M. "Variance" means an exception to the allocated amount of water that may be consumed by a customer without incurring an administrative fine or penalty due to circumstances specifically related to the proper sanitation measures required in the home, for the health of either persons residing in the home or benefit from the daytime care of children or adults, although who are not residents. A variance may be limited in amount and in time, and is granted on a case-by-case basis. (Ord. 778 § 1, 2015) 18 of 22 September 19, 2017, Item #3.3 Ordinance No. Page 7 SECTION 13: Section 8.96.060 is modified to read as follows: 8.96.060 Administrative review of administrative fines and penalties. A. Any customer who wishes to appeal the imposition of an administrative penalty or fine imposed by the City under this chapter shall comply with the following procedures: 1. The customer shall pay all amounts due and owing on his or her water bill, except for any disputed penalty(ies) imposed by the City pursuant to this chapter to avoid interruption in service. 2. The customer shall submit an appeal request form to the Director of Finance no later than 15 calendar days from the date that the customer's water bill for the billing cycle in which any penalty imposed is due. B. An appeal may be granted under the following limited circumstances: 1. The amount of water delivered to the customer's property did not violate the water allocation, as evidenced by a demonstrable malfunction in the meter serving the customer's property or a billing error by the City. 2. The customer demonstrates the water use is in accordance with a previously granted variance or, if the customer had not previously applied for a variance, that the use is in accordance with a subsequently approved variance applied for within 10 days following the billing date. 3. The customer demonstrates an undetected water leak occurred at his or her property during the billing cycle in which the penalty was imposed, resulting in water loss that did not benefit the customer, and notifies the City of such leak at least five days prior to the bill due date, and demonstrates that the leak has been repaired. C. The City shall respond to the appeal request within 30 calendar days from receipt of the appeal request form. D. The decision of the Director of Finance shall be final. E. If the appeal is not granted, the customer shall pay all the disputed penalties within 10 days of the date that the decision is mailed to the customer. F. Legal action must be commenced in accordance with Government Code Section 53069.4(b) by filing a petition with the Superior Court within 20 days of the date that the final decision of the Director of Finance is served on the customer. (Ord. 778 § 1, 2015) SECTION 14: Section 9.52.050 is modified to read as follows: 9.52.050 Billing. The Director of Safety Services shall notify the Director of Finance in writing. Following the rendering of police services, the name and address of the person responsible for the cost thereof, and such other information as may be required. The Director of Finance shall thereafter cause the appropriate billings to be made. (Ord. 328, 1990) 19 of 22 September 19, 2017, Item #3.3 Ordinance No. SECTION 15: Section 16.20.090 is modified to read as follows: 16.20.090 Reduction of security. Page 8 A. The City Engineer may reduce and partially release securities posted as a guarantee of any act, obligation, or agreement as follows: 1. Improvement security shall be reduced only upon written request by the subdivider or developer who posted such security. 2. The City Engineer shall consider requests for the partial reduction of security only twice for any one agreement. 3. Upon receipt of a written request for reduction together with detailed estimates of the value of the work remaining to be completed, the City Engineer shall make determination whether such requests exceed the number allowed and if the security is sufficient in amount to be reduced. If satisfied that the security may be reduced, the City Engineer shall inspect the improvements and verify the percentage and the value of work remaining to be completed. The City Engineer may then authorize a reduction in the amount of security as follows: a. No reduction shall be made where more than 50 percent of the original value of work remains to be completed. b. Whenever 50 percent or more of the work has been completed, the original security may be reduced to the current value of the remaining work as a contingency. No reduction shall result in a remaining security less than 10 percent of the original. Any reduction authorized herein shall not apply to any required guarantee and warranty period, nor to the amount of the security deemed necessary by the City Engineer for such guarantee, nor to costs and reasonable attorney's fees therefor. c. Upon a determination that the security may be reduced and where the security takes the form of a Surety Bond or a Letter of Credit, the City Engineer shall notify the subdivider in writing of the amount of reduction and that the reduction does not apply to the warranty or guarantee period or the amount of security deemed necessary for such warranty or guarantee, not to costs and reasonable expenses and fees including attorney's fees. d. When the security takes the form of cash or other negotiable instrument, the City Engineer shall notify the Director of Finance to release an amount of said deposit which is computed as provided above in this section, less amounts estimated by the City Engineer to be necessary for the guarantee or warranty period, costs and reasonable expenses and fees including reasonable attorney's fees. The Director of Finance is authorized to release said amounts upon written notification by the City Engineer. B. Reduction of securities shall only be construed as formal acceptance of any of the improvements completed at the time of reduction, but shall not be construed as acknowledgement by the City that a specified amount of construction has been completed. (Ord. 80 § 1, 1982; CC§ 81.803.3) SECTION 16: This Ordinance shall be codified. 20 of 22 September 19, 2017, Item #3.3 Ordinance No. Page 9 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. Introduced and first read at a Regular Meeting of the City Council of the City of Poway, California held the 19th day of September 2017, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 3rd day of October 2017. Steve Vaus, Mayor ATTEST: Nancy Neufeld, CMC, City Clerk 21 of 22 September 19, 2017, Item #3.3 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Ordinance No. Page 10 I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify that the foregoing Ordinance No. ***, was duly adopted by the City Council at a regular meeting of said City Council held on the 3rd day of October 2017, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 22 of 22 Nancy Neufeld, CMC, City Clerk City of Poway September 19, 2017, Item #3.3 City of Poway COUNCIL AGENDA REPORT APPROVED D APPROVED AS AMENDED 0 (SEE MINUTES) DENIED D D REMOVED CONnNUED~~~~- DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: September 19, 2017 Honorable Mayor and Members of the City Council Wendy Kaserman, Assistant City Manager Resolution No. Jodene Dunphy, Director of Human Resources & Risk Management /J.{?;"' (858) 668-4413 or jdunphy@poway.org D Adoption of a Resolution Authorizing the City Manager to Execute, on Behalf of the City of Poway, a Memorandum of Understanding (MOU), Effective July 1, 2017 through June 30 , 2019 between the City and the Poway Firefighters ' Association (PFA) and Approving the Fiscal Year 2017-18 and Fiscal Year 2018-19 Salary Schedules for Classifications within the Safety Employees Bargaining Group; and Adoption of a Resolution Appropriating Funds in the Fiscal Year 2017- 18 Budget to Implement the Financial Terms of the MOU The existing Memorandum of Understanding (MOU) between the City of Poway and the Poway Firefighters' Association (PFA) expired on June 30, 2017. Staff has reached agreement with the PFA, including a two-year term for the new MOU effective July 1, 2017 through June 30, 2019. Recommended Action: It is recommended that the City Council : 1) Adopt a Resolution authorizing the City Manager to execute, on behalf of the City of Poway, a Memorandum of Understanding (Exhibit A of Attachment A) between the City and the Poway Firefighters' Association (PFA), approved through a vote by the PFA, and approve the Fiscal Year 2017-18 and Fiscal Year 2018-19 Salary Schedules for Classifications within the Safety Employees Bargaining Group (Exhibit B of Attachment A), retroactive to the start of the pay period that includes July 1, 2017; and 2) Adopt a Resolution appropriating funds in FY 2017-18 to implement the financial terms of the agreement with the PFA. Discussion: California law provides for the determination of public employee wages, hours and other terms and conditions of employment through a process of meeting and conferring between public agency representatives and employee bargaining group representatives. Negotiations between the City and Poway Firefighters' Association (PFA) representing 48 safety employees began in April 2017. After seven meet and confer sessions, an agreement has been reached. The PFA voted and approved the terms of the agreement , which include a provision for employees of the bargaining group to increase the amount they contribute toward CalPERS retirement costs. 1 of 39 September 19, 2017, Item #4.1 Approval of Salary/Benefit Plan September 19, 2017 Page 2 The key terms negotiated and incorporated in the Memorandum of Understanding with the PFA include the following: 1) Two-Year Term from July 1, 2017 to June 30, 2019 2) Wage Increases • 3.5% in Year 1 (retroactive to the first day of the pay period that includes July 1,2017) • 2% in Year 2 3) Increase in "Classic" PERS Employee Contributions • Employee contributions increase from 9% to 10% (retroactive to the first day of the pay period that includes July 1, 2017) 4) Change in Cost Share of Medical Plan Dependent Coverage • Effective the plan year beginning December 2017, the cost share of the HMO medical plans will change from a 50% I 50% cost share to the City paying 60% of the plan costs and the employee paying 40% of costs for dependent coverage 5) Paramedic Certification Pay • Fire Captain/Paramedics and Fire Engineer/Paramedics will receive an annual paramedic license recertification stipend of $1,800, and Firefighter/ Paramedics will receive an annual paramedic recertification stipend of $1,000. 6) The establishment of a 24-day work period under the Fair Labor Standards Act. 7) The establishment of a station bid system policy for staffing assignments. The MOU with proposed draft changes will be executed after the City Council's approval of the Resolution (Attachment A). The MOU will be effective retroactively to July 1, 2017 through June 30, 2019 and will incorporate the terms listed above. The Resolution also approves the new salary schedules that will be effective the first pay period that included July 1, 2017. To implement the changes in the MOU, one additional resolution is attached. Attachment B appropriates the funding to implement the financial terms outlined above in Fiscal Year 2017-18. Environmental Review: This item is not subject to CEQA review. Fiscal Impact: The total projected fiscal impact of the proposed financial terms of the changes to the Memorandum of Understanding (MOU) between the City of Poway and the Poway 2 of39 September 19, 2017, Item #4.1 Approval of Salary/Benefit Plan September 19, 2017 Page 3 Firefighters' Association (PFA) for Fiscal Year 2017-18 is estimated at $331,507. This reflects an offset of just under $29,000 in cost savings resulting from increased employee contributions toward pension benefits. The total projected fiscal impact of the proposed financial terms of the approved terms in the MOU for Fiscal Year 2018-19 is $461,060. This includes a year-two offset of just over $30,506 in cost savings resulting from increased employee contributions toward pension benefits. The cumulative fiscal impact for the two-year period covered by changes to the MOU is estimated to be $792,567. This total accounts for the compounding effects of the wage increases made in year one of the agreement added to the wage increases in year two of the agreement. The attached Resolution (Attachment 8) includes the appropriations necessary to adjust the Fiscal Year 2017-18 budget to implement the changes to the new terms of the MOU with the PFA. The Fiscal Year 2017-18 operating budget includes sufficient funding to accommodate these appropriations. Public Notification: Mike Powell, Employee Representative, Poway Firefighters ' Association, Employee Services, 2370 Fifth Avenue, San Diego, CA 92101 was provided a copy of this report. Attachments: A. Resolution authorizing the City Manager to execute, on behalf of the City of Poway, a Memorandum of Understanding between the City and the Poway Firefighters' Association (Exhibit A) and approving the Fiscal Year 2017 -18 and Fiscal Year 2018-19 Salary Schedules for Classifications within the Safety Employees Bargaining Group (Exhibit B), retroactive to the start of the pay period that includes July 1, 2017 B. Resolution appropriating funds in Fiscal Year 2017-18 to implement the wage and salary provisions of the Memorandum of Understanding with the Poway Firefighters' Association Reviewed/Approved By: Assistant City Manager 3 of 39 Reviewed By : Morgan Foley City Attorney Tina White City Manager September 19, 2017, Item #4.1 RESOLUTION NO. 17-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE EXECUTION OF A TWO-YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND THE POWAY FIREFIGHTERS' ASSOCIATION FOR THE PERIOD OF JULY 1, 2017 THROUGH JUNE 30, 2019 AND APPROVING THE FISCAL YEAR 2017-18 AND FISCAL YEAR 2018-19 SALARY SCHEDULES FOR CLASSIFICATIONS WITHIN THE SAFETY EMPLOYEES BARGAINING GROUP WHEREAS, the City of Poway, through its management representatives, has met and conferred in good faith with the Poway Firefighters' Association (PFA); WHEREAS, the representatives of the City and PFA each have exchanged freely information, opinions and proposals on matters regarding wages, hours and other terms and conditions of employment for employees in the PFA Bargaining Group; WHEREAS, the City and PFA representatives have agreed on the term of a new Memorandum of Understanding to be July 1, 2017 through June 30, 2019; WHEREAS, the City and PFA representatives have agreed upon salary increases reflected in the Salary Schedules for Classifications within the Safety Employees Bargaining Group incorporated into the Memorandum of Understanding, with the first salary increase of 3.5% effective retroactive to June 19, 2017 and a 2% salary increase effective the beginning of the pay period that includes July 1, 2018; WHEREAS, the City Council of the City of Poway wishes to adopt said Salary Schedules; WHEREAS, the City and PFA representatives have agreed upon all other terms as contained in the attached Memorandum of Understanding to this Resolution; and WHEREAS, the PFA voted to approve the terms included in the Memorandum of Understanding for the period of July 1, 2017 through June 30, 2019. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: That the Memorandum of Understanding (Exhibit A) be approved and executed effective July 1, 2017. 4 of 39 ATTACHMENT A September 19, 2017, Item #4.1 Resolution No. 17- Page 2 Section 2: That the Salary Schedules for Classifications within the Safety Employees Bargaining Group will be incorporated into the Memorandum of Understanding and are attached as Exhibit B, are hereby adopted. Section 3: That the City Manager is hereby directed and authorized to implement all provisions of the approved Memorandum of Understanding. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 19th day of September 2017. ATTEST: Nancy Neufeld, CMC, City Clerk STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Steve Vaus, Mayor I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 17-*** was duly adopted by the City Council at a meeting of said City Council held on the 19th day of September 2017, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTACHMENTS: Exhibit A Exhibit B 5 of 39 Nancy Neufeld, CMC, City Clerk City of Poway September 19, 2017, Item #4.1 6 of 39 EXHIBIT A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND POWAY FIREFIGHTERS' ASSOCIATION Effective July 1, ~2017 -June 30, 2-0-1-7 2019 September 19 , 2017 , Item #4.1 TABLE OF CONTENTS (PAGE NUMBERS IN THE TABLE OF CONTENTS ARE NOT CORRECT AND WILL BE UPDATED WHEN ALL CHANGES HAVE BEEN APPROVED AND THE MOU IS EXECUTED] ARTICLE 1. GENERAL .......................................................................................................................... 1 Section 1. Purpose ................................................................................................................................................... 1 Section 2. Scope ....................................................................................................................................................... 1 Section 3. General Provisions ................................................................................................................................... 1 ARTICLE 2. SEVERABILITY AND SAVINGS .............................................................................. 3~ ARTICLE 3 . SYMPATHY ACTION ................................................................................................ 444 ARTICLE 4. DURATION OF AGREEMENT ................................................................................. 444 ARTICLE 5. WAGES ......................................................................................................................... 444 ARTICLE 6. LEAVES ........................................................................................................................ 444 Sectio n 1. Vacation ............................................................................................................................................... 444 Section 2. Si ck Leave ............................................................................................................................................. 66(; Section 3. Ho lidays .................................................................................................................................................... 9 Section 4. Bereave ment Leave ........................................................................................................................... 1099 Section 5. Sh i ft Trade ............................................................................................................................................. 10 ARTICLE 7. PAYROLL AND WORKWEEK .......................................................................... 11WW Se ction 1. Genera l ........................................................................................................................................... 11WW Section 2 . Overtime ......................................................................................................................................... llWW Section 3. Du es Deduction .............................................................................................................................. 12-l-±±± Section 4. Compensato ry Time Off (CTO) ....................................................................................................... 12-l-±±± Section 5. Call-Back Tim e ................................................................................................................................ 13~ ARTICLE 8. BENEFITS ............................................................................................................. 131212 Section 1. Hea lth ............................................................................................................................................. 13~ Section 2. Eye Care ......................................................................................................................................... 14~ Sec tion 3. Life In suran ce ................................................................................................................................. 14~ Sec t ion 4. Long Term Disabi lity Income In suran ce .......................................................................................... 14~ Section 5. Flexible Benefits Program .............................................................................................................. 14HH Sect ion 6. Deferred Co mp ensation ................................................................................................................. 14HH Section 7. Retiremen t Health Savi ngs Plan ..................................................................................................... 15~ Sect ion 8. effi13 l oy ee BeRefit Re•,iew Computer Lo an Program ..................................................................... 15~4 Seet i oR 9 . Coffi131c1ter LoaR Prograffi .................................................................................................................. 1SH4 7 of 39 September 19, 2017, Item #4.1 ARTICLE 9. SPECIAL PAY ....................................................................................................... 13.ii-t-5 Section 1. Tu ition Reimburse ment ................................................................................................................. 16~ Sec tion 2. Uniforms and Equipment ................................................................................................................ 17~ Sec tion 3. Actin g Pay ....................................................................................................................................... 18~ Sect ion 4. Travel Expenses .............................................................................................................................. 18~ Sec tion 5. Bil i Agl:jal Pay Paramedic Li cense Rece r t ificati on ............................................................................ 18~ ARTICLE 10. SERVICE .............................................................................................................. ~ Section 1. Probation ....................................................................................................................................... 19±&±7 Section 2. Pro hibitio n of Tobacco U se ............................................................................................................. 19±&±7 Section 3. Safe ty ............................................................................................................................................. 19±&±7 Section 4. Meal a nd Rest Periods ................................................................................................................... 19±&±7 Section 5. Transfe r s ........................................................................................................................................ 20~ Sec tio n 6. Layoff and Abol ishment of Positions ............................................................................................. 20~ Section 7. Driving Eligibility ............................................................................................................................. 2~ Sect io n 8. Li censes a nd Cert ificates ................................................................................................................ 21~ Section 9. Direct Deposit ................................................................................................................................ 21~ Section 10. Resignations ................................................................................................................................. 21~ Sect ion 11. Training and Semi na rs .................................................................................................................. 21~ Section 12. Bid System ........................................................................................................................................ 21~ ARTICLE 11. GRIEVANCE PROCEDURE ............................................................................. ~ ARTICLE 12. RETIREMENT AND SOCIAL SECURITY ............................................................... 20 ARTICLE 13. MAINTENANCE OF BENEFITS ..................................................................... lliA21 ARTICLE 14. JOB ACTIONS .................................................................................................... ~21 ARTICLE 15. AMERICANS WITH DISABILITY ACT ......................................................... lln.21 ARTICLE 16. CL,'\SS I FICATION ANO COMPENSATION STUDY ................................... lln.22 ARTICLE -1-716 . PERSONNEL RULES ................................................................................... M.ll2 2 ARTICLE -1817 . POSTING OF AGREEMENT ...................................................................... ~22 APPEN DIX A: SALARY SCHEDULES ............................................................................................ 27 ii 8 of 39 September 19, 2017, Item #4.1 MEMORANDUM OF UNDERSTANDING This is a memorandum of understanding as provided for in the California Government Code, Sections 3500 through 3510, which is also known as the Meyers-Millias-Brown Act. This memorandum is hereinafter referred to as the Agreement, between the City of Poway, hereinafter referred to as the City, and the Poway Firefighters ' Association, hereinafter referred to as the Association or Bargaining Unit. This Agreement shall become effective when ratified by the Association and adopted by the City Council of the City of Poway. ARTICLE 1. General Section 1. Purpose This Agreement recognizes the Association as the majority representative of the safety unit, which consists of Fire Captain /Paramedic , Fire Engineer/Paramedic , and Firefighter/Paramedic, and represents the unit for matters within the scope of meet and confer . Section 2. Scope Meet and confer is limited to wages , hours and other terms and conditions of employment, and shall not include any items not covered by this Agreement or adopted by refe rence in this Agreement or any subject preempted by Federal or State law . Section 3. General Provisions A. C ity Employer-Employee Relations Resolution The Association herein adopts by reference the City Employer-Employee Relations Resolution in its present form . The City agrees to meet and consult with the Association regarding the impact on its members of proposed amendments. B. Construction The rights , powers and authority of the City in all matters shall not be modified or restricted by this Agreement. In interpreting the language of this Agreement , first the plain meaning of the language shall prevail. If the parties cannot agree on the plain meaning of the language, then the intent of the parties shall be cons idered ; then the trade or industry usage of the language shall be considered. C. City Rights The rights of the City include, but are not limited to the exclusive right to determine 1 9 of 39 September 19, 2017, Item #4.1 the mission of its constituent departments, commissions, committees, and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means and personnel by which operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. D. City Procedures 1. Unit Determination. The City reserves the privilege of establishing units for meet and confer, but will maintain the safety unit for the duration of this Agreement. 2. Jurisdictional Disputes. In the event of jurisdictional disputes between competing employee organizations or unit claims, the employees of all units shall continue working under the Agreement in force at the time. 3. Awards. Service Recognition and Special Awards shall be granted or not granted at the discretion of the City Council. 4. Time Spent for Meet and Confer and Grievances. The City allows reasonable time off without loss of compensation for a reasonable number of recognized representatives of the Association for the purpose of meet and confer and for grievance representation. Reasonableness is determined by the Director of Safety Services. Members of the Association may work for another member pro bono (a shift substitution) due to Association activities following the joint approval of the Director of Safety Services or designee and a Board member of the Association. 5. Access to Work Location. Representatives of employee organizations may be allowed reasonable access to work locations only after they have obtained permission of the City Manager. Employee Bargaining Unit Representatives must advise supervisors in advance of time they will be away from their regular job duties for approved, scheduled employee organization business as provided under Section D. City Procedures. 6. Use of City Facilities. Employee organizations may, with prior approval of the City Manager, be granted the use of City facilities during non-working hours for meetings of City employees, provided space is available, and provided further such meetings are not used for organizational activities, membership drives, or political activities of City employees. 2 10 of 39 September 19, 2017, Item #4.1 7. Availability of Data. The City will make available to employee organizations such non-confidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth herein and in the California Government Code. Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment for reasonable costs, where applicable. Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source. Nothing in this procedure shall be construed to require disclosure of the following: a. Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to City policy. b. Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available, clearly outweighs the public interest served by disclosure of the record. c. Records pertaining to pending litigations to which the City is a party or to claims or appeals that have not been settled. Nothing herein shall be construed as requiring the City to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the City. 8. Bulletin Board Space. The City shall make available bulletin board space on existing bulletin boards designated for general employee information for the use of the employee organization in posting notices. The City and Association will establish a list of locations, which will be maintained by and on file with the Human Resources Manager. ARTICLE 2. Severability and Savings If any portion of this Agreement, or the application of such portion to any person or circumstance, shall be invalidated by judicial or legislative action, the remainder of this Agreement, or the application of such portion to persons or circumstances other than those as to which it is invalidated shall not be affected thereby, and shall remain in full 3 11 of 39 September 19, 2017, Item #4.1 force and effect. The Association will be duly notified of any legislative action invalidating any section of this Agreement. In addition, the City will meet and consult with representatives of the unit prior to the implementation of new programs which have an impact on the unit. ARTICLE 3. Sympathy Action During the term of this Agreement, neither the Association nor any person or persons covered by this Agreement shall engage in any sympathy action or action of any type in support of any other unit or units , person or persons, or employee organizations not having an Agreement in effect with the City . ARTICLE 4. Duration of Agreement This entire Agreement shall commence at 12:00 a.m. on July 1, 204-a--2017 and terminate at 11 :59 p.m. on June 30, ~2019. At the expiration of this Agreement, in whole or in part and in the absence of a new agreement, the Association and the City agree to continue operating under the provisions of this Agreement until such time as a new agreement is reached, provided, however, such new agreement shall be retroactive to the date of expiration of this Agreement or any part of this Agreement. ARTICLE 5. Wages Wages shall increase by two peroent (2%)three and one-ha lf percent (3.5%) for all job classifications, effective the beginning of the pay period whi c h that includes July 1, ~ 2017 . Wages shall increase by two and one half percent (2 .5 %) (2 .0%) for all job classifications , effective the beginning of the pay period whic h that includes July 1, 20+9 2018 . The Salary Schedule is shown in Exhibit A. ARTICLE 6. Leaves Section 1. Vacation A. Computing Annual Vacation Leave All employees who have served more than one year of continuous service shall be entitled to vacation leave with pay. 4 12 of 39 September 19, 2017, Item #4.1 Annual vacation leave shall be computed in accordance with the following schedule: 1 through 5 Years of Continuous Employment 112-hour biweekly employees 80-hour biweekly employees After 5 Years of Continuous Employment 112-hour biweekly employees 80-hour biweekly employees After 10 Years of Continuous Employment 112-hour biweekly employees 80-hour biweekly employees After 15 Years of Continuous Employment 112-hour biweekly employees 80-hour biweekly employees B. Vacation Leave Accrual Vacation Leave Credits 5.538 hours per pay period 3.692 hours per pay period Vacation Leave Credits 6.923 hours per pay period 4.615 hours per pay period Vacation Leave Credits 8.308 hours per pay period 5.538 hours per pay period. Vacation Leave Credits 9.231 hours per pay period 6.154 hours per pay period Vacation time can be accumulated to a maximum of two limes one-year's eligibility. When an employee's vacation leave accrual reaches the maximum level, the employee will stop accruing additional vacation leave until the employee uses vacation leave below the maximum level. At that time, the employee will begin accruing additional leave from that point forward. Employees who have reached maximum accrual can request a review by the Director of Safety Services in the event a vacation request is denied. C. Use of Vacation Time The times at which an employee may take their vacation shall be determined by the Department Director with due regard for the wishes of the employee and particular regard for the needs of the City. All requests for vacation time off shall be for a minimum of four hours. 5 13 of 39 September 19, 2017, Item #4.1 In the event one or more hol idays fall within a vacation leave period , the normal holiday pay will be paid . Effective December 1 , 2008, no more than six employees can be on vacation or comp time off per 24-hour shift. Requests for vacation times are determined on a first-come , first-served basis . In the event that multiple requests for vacation are received at the same time , seniority will be the deciding factor. Seniority as it is referred to here shall be determined by the date of hire within the City of Poway Department of Safety Services. If more than one employee shares the same date of hire , a method of chance will be utilized to determine the individual that will be granted the vacation time off. This could include the selection of a recorded number, draw of the cards , or roll of the dice. When it is necessary to hire back to fill a vacancy to maintain the Department staffing plan , a system of rank-for-rank hire back shall be utilized first. In the event this process does not result in filling the vacation request, then employees who meet the Department's requirement to serve in an out-of-class-acting (OCA) capacity shall be contacted to fill the vacancy. In no event shall an individual of a higher rank be utilized to fill a lower ranking position without first consulting the Operations Battalion Chief if during the no rmal work day, or the Duty Chief if after hours . The decision of the Chief Officer on this matter will prevail. D. Payout of Vacation Leave Employees who terminate employment shall be paid a lump sum for all vacation leave earned prior to the effective date of termination, as required by law . E. Vacation Conversion The City will allow the conversion of accumulated vacation to cash subject to the following requirements : 1 . An employee must have at least three years of continuous service with the City. 2 . A maximum of two shifts (48 hours) per year may be converted to cash at the current hourly rate. 3 . After the conversion , the employee must have at least 96 hours of accrued vacation. Section 2. Sick Leave A. S ick Leave Use 6 14 of 39 September 19 , 2017 , Item #4.1 Sick leave shall be allowed for the following qualifying reasons: • For the employee's own illness or injury. • For the employee's own diagnosis, care, or treatment of an existing health condition, or preventative care, including medical and dental appointments. • For the diagnosis, care or treatment of an existing health condition or preventative care for an employee's family member, including: parent, parent-in-law, child, spouse, domestic partner, grandparent, grandchild, or sibling. o In accordance with the California Kin Care Law, regular full-time employees may use available Family Sick Leave (FSL) to care for a family member. If FSL is exhausted, employees must use other available accrued leave (e.g., vacation). • To obtain relief or services related to being the victim of domestic violence, sexual assault, or stalking, including the following with appropriate certification of the need for services: o A temporary restraining order or restraining order o Other injunctive relief to help ensure the health, safety or welfare of themselves or children. o To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking. o To obtain services from a domestic violence shelter, program, or rape crisis center as the result of an act of domestic violence, sexual assault, or stalking. o To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking. o To participate in safety planning and other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. If an employee's sick leave balance is exhausted, another paid leave (e.g., vacation, comp time) will be used. Employees must use available sick leave for the first thirty days of a long-term personal illness, injury, or disability. B. Sick Leave Accrual Sick leave with pay may be granted to all probationary and regular employees within the Bargaining Unit who are employed in regular full-time positions. Sick leave shall not be considered a right but shall be allowed only in case of necessity and actual personal sickness or disability. Sick leave shall be accrued in accordance with the following schedule: 7 15 of 39 September 19, 2017, Item #4.1 112-hour biweekly employees BO-hour biweekly employees Sick Leave Credits 5.538 hours per pay period 3.692 hours per pay period Sick leave shall be granted to an employee only for actual working time off. Accumulation of sick leave shall be unlimited. In the event a 112-hour biweekly employee is scheduled to work on a Designated Holiday and is out on sick leave, the normal holiday pay will be paid. Employees will not accrue sick leave while on leave-without-pay status. B. Notification In order to receive compensation while absent on sick leave, the employee shall notify the designated Fire Department point of contact prior to the beginning of his/her daily duties. The Director of Safety Services may require certification by an employee's physician that the employee is able to return to work in order to receive compensation for sick leave, if: 1. The sick leave spans two or more consecutive scheduled shifts, and 2. An abuse of sick leave is suspected, and 3. The employee has been formally counseled regarding the abuse. This requirement is at the discretion of the Director of Safety Services. However, the Director of Safety Services may require such certification when the City deems necessary, regardless of the time taken, subject to prior employee counseling. In the event an employee does not have a sufficient amount of accumulated sick leave to receive full compensation while absent due to illness, other accumulated leaves must be used before the employee goes to a leave without pay status. Leave without pay may only be granted with the approval of the City Manager. C. Family Sick Leave A 112-hour biweekly employee may use accrued sick leave up to three (3) twenty-four hour shifts (72 hours) and an BO-hour biweekly employee may use up to forty-eight (48) hours of accrued sick leave in each fiscal year to care for a parent, parent-in-law, child, spouse, domestic partner, grandparent, grandchild, or sibling. Employees must notify the designated Fire Department point of contact in advance when such leave is being taken 8 16 of 39 September 19, 2017, Item #4.1 and so note in the comments section of his/her time card, as well as a Leave Request, if done in advance. An employee cannot use personal sick leave in place of Family Sick Leave. 9 17 of 39 September 19, 2017, Item #4.1 Section 3. Holidays A. Designated Holidays The holidays for 112-hour biweekly employees in this unit are as follows: New Year's Day Martin Luther King Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Day January 1 3rd Monday, January 3rd Monday, February Last Monday, May July4 1st Monday, September November 11 4th Thursday, November Friday after Thanksgiving December 25 The 80-hour biweekly employees in this unit shall be entitled to the same holidays off as other 80-hour employees in the City, which in no event shall be less than the above listed holidays. Holiday pay for the 112-hour biweekly employees in this unit shall be 12 hours pay at their regular rate of pay. In addition to regular pay for hours worked, employees in this unit shall be paid holiday pay, whether on or off duty on the holidays above. To be eligible for holiday pay, an employee must be in a paid status in the pay period that includes the holiday. Section 4. Bereavement Leave In the event of a death in the family, a 112-hour biweekly employee shall be eligible for up to 48 hours off with pay to attend the funeral or make funeral arrangements; an 80- hour biweekly employee shall be eligible for up to 24 hours with pay, subject to the following provisions: A. The relatives designated shall include child, parent, sibling, grandparent, grandchild, and domestic partner. It shall also include "in-law" relatives and those relationships generally called "step". B. Bereavement leave is not compensable when the employee is on leave of absence, bona fide layoff, or for days falling outside the employee's regular work period. 10 18 of 39 September 19, 2017, Item #4.1 C. All requests for paid bereavement leave shall be made in writing as soon as practical but in no even! later than the first day back to work , and shall be subject to the approval of the Human Resources Manager or designee. Section 5. Shift Trade Employees assigned to a 112-hour biweekly work schedule are permitted to trade shifts in accordance with the following provisions: A. All shift trade requests are made voluntarily by the employees involved. B . Compensable hours for involved employees will not change due to the trade . C. Shift trades can only be agreed upon by two employees of the same rank and required certification to perform the substituted role, such as Tiller Operator. D. Shift trades shall be scheduled for a minimum of four hours and be completed within 180 days of the initial traded hours. E. The "banking" of shift trade hours owed by one employee to another is not permitted . F. Shift trades must be approved following Department policy . G. Upon approval, the traded shift becomes the responsibility of the substituting employee. If the substituting employee is unable to work the traded shift due to illness , the substituting employee shall be charged sick leave . H . Shift trades should not cause overtime . Shift trades between employees will not be considered when determining the maximum number of employees off during a 24-hour shift. ARTICLE 7. Payroll and Workweek Section 1. General Employees in this unit shall be assigned to either an 8-hour or a 24-hour shift . The workweek will consist of 40 or 56 hours respectively. Section 2. Overtime Work in excess of the employee's regular scheduled time will constitute overtime, and if such time is approved, it shall be compensated at one-and-one-half (1-1 /2) times that employee's regular rate of pay. The ~LSA work period for 112 hour biweekly employees shall co in cide with the regular biweekly payroll period of 14 days. The FLSA work period for 1 12 -hour biweekly 11 19 of 39 September 19, 2017, Item #4 .1 employees will be a 24-day FLSA 7(k) work period, effective within 30 days of approval of the 2017-2019 Memorandum of Understanding. The number of overtime hours shall be determined in accordance with the provisions of FLSA and this Agreement. The City will establish a "level paycheck" system under the FLSA by taking the annual amount of FLSA overtime hours (152 hours) for shift employees on a 24-day work period and dividing by the number of pay periods in the fisca l year (26 pay periods). This calculation of 152 hours of annual FLSA overtime divided by 26 pay periods is approximately 5.85 hours of FLSA overtime, which will be prepaid each biweekly pay period in advance of the 24 day FLSA period . Any prepayment of FLSA overtime is an advance and must be repaid upon termination of employment. For the purposes of computing overtime , hours of paid leaves of absences shall be considered as hours worked . Workers Compensation leave (Labor Code §4850) shall not be considered hours worked for purposes of computing overtime . In instances where an additional shift or unscheduled hours are worked prior to the first day of Workers Compensation leave within the employee's FLSA period, the additional shift or unscheduled hours shall be paid at the FLSA overtime rate. With the change of the FLSA work period in the 2017-2019 MOU, the City will pay out, at the rate of pay in effect with the pay period ending June 18, 2017 , any current fire hour balances (as calculated by the Finance Department) owed to members of the bargaining unit. within 30 days following approval of the Memorandum of Understanding . Hours currently owed to the City will be forgiven . At time of hire, new employees must sign an agreement acknowledging that if they leave City employment and the City has made a prepayment of FLSA overtime as an advance, the advance must be paid either prior to or with their final check . Current employees must sign a similar agreement no later than October 31, 2017. Section 3. Dues Deduction Upon written request to Human Resources, employees may elect to pay dues to the Poway Firefighters' Association through payroll deduction. Checks will be made payable to the Poway Firefighters' Association only. Section 4. Compensatory Time Off (CTO) Compensatory time off (CTO) will be earned at the straight time rate for each hour worked. The additional one -half hour of overtime compensation for each hour worked will be paid in cash . The maximum accumulation of CTO off shall be 72 hours for all 112-hour biweekly employees . The maximum accumulation of CTO shall be 80 hours for all 80-hour biweekly employees in this unit. The accumulation of hours shall be reduced to 48 hours at the end of each fiscal year for all 112-hour biweekly employees . The 12 20 of 39 September 19, 2017, Item #4.1 accumulation of hours shall be reduced to 40 hours at the end of each fiscal year for all 80-hour biweekly employees. The employee shall be compensated for the excess accumulation in a cash payment as part of the final pay period of the fiscal year. Requests for the use of CTO shall be valued the same as requests for vacation t ime off. All requests for CTO must be for a minimum of four hours. Effective December 1, 2008, no more than six employees can be on vacation or CTO per 24-hour shift. Requests for cash payment of accumulated CTO throughout the fiscal year, other than mandatory reduction at the end of the fiscal year, shall be paid during the pay period in which requested. Section 5. Call-Back Time Employees called back to work after expiration of their normal work day or shift to perform emergency work shall be guaranteed minimum call -back time of two (2) hours at the appropriate overtime rate in the event the employee is released from duty within two (2) hours from the time of call. Call-back time will begin at the time of the call when the employee is required to prepare for and report to duty immed iately . The employee shall make every effort to report to work as soon as possible after being called back, and in no event shall call-back pay commence sooner than one hour prior to the time the employee reports to work . For purposes of determining eligibility for minimum call-back time , returning to duty to maintain a manning level as determined by the Director of Safety Services will be considered emergency work. ARTICLE 8. Benefits Section 1. Health Health benefit premiums for each employee sha ll be paid in full by the Cit y. Dependents of each emp loyee may a lso be covered by hea lth benefit cove rage, upon proper application and acceptance . The cost of dependent coverage of the med ica l and denta l plan will be shared equa ll y between the City and t he emp loyee for any PPO plans. The C ity agrees to increase t he City contribution for dependent care for HMO medica l plans to 60%. The emp loyee wi ll contribute 40% of the dependent co ntribution . This wi ll take effect with the pla n year beginning December 1, 2017 . The employee 's share of the cost wi ll be made through payroll ded uction . The parties to thi s Ag reement agree to work with the City Ins urance Com mittee to keep the overall cost of future p remium in creases to a min imum . Hea lth benefit prem iums for each employee shall be pa id in full by the City. Dependents of each emp loyee may also be covered by health benefit coverage, upon proper app lication and acceptance . The cost of dependent coverage of the medical and denta l p lan wi ll be shared between the C ity and the employee . The City shall pay one ha lf of the dependent medica l and denta l premium cost. The employee's share of the cost wi ll be made through payroll deduction . The parties to this Agreement agree to work with the C ity Insurance Committee to keep the overall cost of future premium increases to a minimum for the term of this Agreement. 13 21 of 39 September 19, 2017, Item #4.1 Section 2. Eye Care The City will provide an eye care plan. The City shall pay 100% of the premium for the employee and his/her dependent coverage. Section 3. Life Insurance The first day of the month following date of hire, an employee, upon proper application and acceptance by the insurance company, shall be covered under a group life insurance plan for the amount of one and one-half (1-1/2) times annual income ($15,000 minimum). Section 4. Long Term Disability Income Insurance This employee benefit provides for the payment of a monthly income benefit payment for those covered employees disabled by injury or sickness. The monthly benefit provided under this coverage will be 66-2/3percent of the employee's monthly earnings. The acceptance of an employee's application for long-term disability is subject to the approval of the insurance carrier. The insurance carrier is responsible for calculating the exact benefit amount, based on each individual's income status. The insurance carrier for this coverage requires a thirty (30) day waiting period from the first day of the disability to the beginning of the monthly benefit payment period. The City pays 100% of the premium. An employee may use sick leave and other accrued leave to supplement coverage under this benefit up to, but not in excess of, 100% of his/her regular rate of pay. Section 5. Flexible Spending Benefits Program The City will maintain a Flexible Spending Benefits Program in accordance with applicable IRS statutes and the Affordable Health Care for America Act (AHCAA) in order to provide employees the greatest possible tax benefit. Section 6. Deferred Compensation In addition to the City's existing 457 deferred compensation plan, the City will provide a 401 (a) Deferred Compensation Plan. Only full-lime employees shall be eligible for this benefit. Employees hired on or before June 30, 2004, shall have a one-year vesting period for the 401 (a) plan. For those hired on or after July 1, 2004, the vesting schedule will be as follows for any contributions made by the City: 14 22 of 39 September 19, 2017, Item #4.1 From date of hire until second anniversary -0% of accumulated value Second anniversary of employment -20% of the accumulated value Third anniversary of employment -40% of the accumulated value Fourth anniversary of employment -60% of the accumulated value Fifth anniversary of employment-80% of the accumulated value Sixth anniversary of employment -100% of the accumulated value Section 7. Retirement Health Savings Plan The City agrees to provide a Retirement Health Savings Plan (RHSP) for employees. A. The City will contribute $35.38 per full biweekly pay period into each employee's RHSP account. B. Any fees related to the RHSP will be paid by employees . C. Annual conversion of sick leave hours: Employees must annually convert 40 hours of sick leave to cash as an RHSP deposit in the pay period that includes July 1 when: 1 . Their sick leave balance is at least 200 hours after conversion ; and 2. The employee used 72 hours or less sick leave in the prior fiscal year (July 1 - June 30). D . Conversion of sick leave hours at service/non-disability retirement: 1. Remaining sick leave hours at service/non-disability retirement shall be converted to cash as an RHSP deposit. 2. The maximum cash value shall be $11 ,14211,819.70 effective July 1 , ~2017. 3. The maximum cash value shall increase to $11 ,42012,056 .09 effective July 1, ~2018. 4. The maximum cash value shall thereafter increase by the same percentage as future MOU salary increases (e.g., 2% across-the-board salary increase would increase the maximum by 2%, or $11 ,42011,819.70 x 1.02 = $-1-1, 94,g12,056 .09 ) effective the same date as that salary increase. 5. If future salary increases vary by rank, the maximum cash value shall increase by the highest percentage salary increase granted for any rank represented by the Association. Section 8 . Employee Benefits Revie'I.' 15 23 of 39 September 19, 2017, Item #4.1 The City will establish a joint committee with up to three (3) Bargaining Unit representatives to evaluate employee benefits , including the potential elimination of the Anthem Blue Cross Point of Service (POS) Plan . The committee will hold at least two meetings prior to the start of the 2016 and 2017 Plan Years as follows : 2016 Plan Year August 2015 Review Strategic Planning Report (State of the Market, ACA, Benchmarking) September 2015 Review Marketing Analysis (Renewal Rates , Plan Alternatives) The 2016 Plan year review will review and confirm the healthcare conditions facing the City (e .g ., rising costs, ACA provision); review Plan alternatives available to reduce both city and employee healthcare costs ; and identify near term Plan modifications for possible implementation 1,11ith the 2016 Plan Year. It is not anticipated the POS Plan •11ould be eliminated at this time . 2017 Plan Year August 2016 Review Strategic Planning Report September 2016 Review Marketing Analysis The 2017 Plan Year review will review and re confirm the healthcare conditions facing the City ; revie,.., Plan alternatives available to further reduce both City and employee healthcare costs; and identify a long term Plan alternative for implementation with the 2017 Plan Year. Although it is anticipated the POS Plan would be eliminated at this time , changes in market conditions and/or AC/\ requirements may allow for possible continuation . Note : Wil!.fs , the C ity's third party benefits administrator, would guide each meeting Section 98 . Computer Loan Program (Employee Computer Purchase Program Policy & Procedures) Any regular City employee who has completed his/her initial probationary period is eligible to apply for a loan under the City's Computer Program . Participants must agree to comply with the requirements and provisions of the Program. Participants will be eligible to make an initial computer purchase or upgrade their existing computer system through this program . Maximum loan amounts are established based upon the type of computer system being purchased, per the City's policy. ARTICLE 9. Special Pay Section 1. Tuition Reimbursement 16 24 of 39 September 19, 2017, Item #4.1 Employees in the Association shall be allowed to participate in the tuition reimbursement program outlined in the Personnel Rules. The maximum amount of reimbursement shall be $1,500 per fiscal year per employee and will be available on a first-come, first-serve basis. The total funds available to the Association will be $10,000 each fiscal year. Funds remaining in any one fiscal year cannot be carried over to a future year. Approved fire service classes and professional and technical courses in accredited educational institutions are eligible provided that: A. The employee has received at least an overall satisfactory rating on his/her last performance evaluation. B. The subject matter of the course relates directly to and contributes toward the performance of the employee's position with the City. C. The employee submits a Request for Tuition Reimbursement form to the department Director and Human Resources within three (3) weeks after the beginning of the class. D. Before receiving reimbursement, the employee shall furnish proof of payment and evidence that he/she has completed the course with a grade of "C" or better, if the grade of "C" is acceptable for graduation. A "pass" will be accepted for classes where a pass/fail grading system is used. For approved fire service classes a certificate of completion is required. Section 2. Uniforms and Equipment The City will provide all uniforms that are required by the City in accordance to the following: A. All uniforms will be compliant with NFPA Standard 1500 and as determined by the Director of Safety Services and shall include items specified in Section 2, Item C, below. B. Safety clothing required in the performance of duties shall be provided by the City. Employees shall be required to report for work in the required uniform and shall wear the required safety clothing when performing hazardous duties. C. Standards of maintenance of uniforms and equipment shall be determined by the City. Employees will be required to maintain these standards. Uniforms to be purchased by the City include: 1. Shirts (4) 4. Jacket w/liner (1) 7. T-shirts (6) 2. Pants (4) 5. Socks (6 pr.) 8. Belt (1) 3. Sweatshirt (1) 6. Physical Training Shorts 9. Ball cap (1) (1) D. Uniform replacements will be made on an as-needed basis as determined by the 17 25 of 39 September 19, 2017, Item #4.1 Department Director or designee. E. Uniform allowance as defined by the California Public Employees' Retirement System (Cal PERS) is a form of compensation for "classic members" of CalPERS for CalPERS purposes only. As such, any uniform allowance or the value of uniforms provided by the City will be reported to CalPERS as part of the employee's annual gross income for purposes of computing the employee's and City 's CalPERS contribution. Under the California Public Employees' Pension Reform Act (PEPRA), a uniform allowance or the value of uniforms is not considered pensionable compensation for "new members" of CalPERS. Section 3. Acting Pay A. Compensation for working in an acting assignment in the rank of Fire Engineer or Fire Captain shall be paid at the next step in the employee's current range or a minimum of 5% above the employee 's current compensation rate. Acting pay will commence after the employee has worked a minimum of 12 consecutive hours in an acting assignment retroactive to the first hour of the assignment. Thereafter, acting pay will continue for every consecutive hour worked in the acting assignment until the employee is relieved of the acting assignment. B. In order for an employee to be eligible to work in an out-of-class position , the employee must have successfully passed the most recent promotional examination for that out-of-class position. C. Serving in an acting capacity will not alter employees ' anniversary dates for probationary status or merit increases. Section 4. Travel Expenses Travel expense approval will be in alignment with the City 's current policy. Sestion S. Bilingual Pay The City agrees to study bilingual pay (organizational need , eligibility, compensation , certification , etc.) and develop a recommendation by June 2016 . Section 5. Paramedic License Recertification The City agrees to pay an annual paramedic license recertification stipend of $1,800 for Fire Captain/Paramedics and Fire Engineer/Paramedics, effective the beginning of the pay period that includes July 1, 2017 . The amount paid each biweekly pay period shall 18 26 of 39 September 19, 2017, Item #4.1 be $69 .23 . The City agrees to pay an annual paramedic license recertification stipend of $1,000 for Firefighter/Paramedics. effective the pay period that includes July 1, 2017 . The amount paid each biweekly pay period shall be $38.46 . Pursuant to the California Public Employees ' Retirement Law (PERL) in Government code sections 20630. 20636. the California Code of Regulations section 570 .5 and the Public Employees' Pension Reform Act of 2013 (PEPRA} in Government Code section 7522 .34 . the paramedic license recertification pay is considered pensionable compensation . ARTICLE 10. Service Section 1. Probation All appointments shall be for a probationary period of not less than one year. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. The Department Director shall have the authority to extend the initial period of probation for an additional three (3) months. If any employee is rejected during the probationary period from a position to which he /she has been promoted, the City shall make every reasonable effort to retain the employee in any vacant position in a public safety position for which he/she is qualified. Such efforts may include acceptance of the employee's request for a voluntary demotion to a vacant position . This provision shall not apply if the employee is released from probation due to repeated or single acts of misconduct specified in Rule 14.2 of the City's Personnel Rules . Section 2. Prohibition of Tobacco Use The City agrees to require new hires with an original appointment date after July 1, 2000, to not use tobacco products, and will require continued nonuse as a condition of their employment. Section 3. Safety The Association adopts the following by reference : 1. The City has a Central Safety Committee with representatives from all units . 2 . The City and all employees shall comply with any applicable Federal and State law. 3. The City and all employees shall comply with any safety policy and /or procedure that may from time to time be promulgated by the City Council or the Safety Services Department. Section 4. Meal and Rest Periods 19 27 of 39 September 19, 2017, Item #4.1 Meal periods and rest periods will be permitted insofar as they are practicable and consistent with operational interests. In the event of an extended emergency response, the City will reimburse the members of the Poway Firefighters' Association $5.00 per meal, per person when such a response will not allow the fire crews to return to station by 1300 hours for lunch, or $7.50 per meal, per person when returning after 1830 hours for dinner. Reimbursement will be made directly to the affected crew members. All meals will be purchased and consumed within the City limits, whenever practical. Section 5. Transfers If an employee assigned to a 112-hour biweekly work schedule is transferred to a position on an 80-hour biweekly schedule, the employee's sick leave and vacation leave accrual rates along with their respective balances shall be adjusted proportionately to reflect the new schedule for an 80-hour biweekly employee. If an employee is transferred from an 80-hour biweekly schedule to a 112-hour biweekly schedule, the sick leave and vacation accrual rate and balances shall be similarly adjusted. Section 6. Layoff and Abolishment of Positions The City may abolish any position and the employee may be laid off without disciplinary action or without the right of appeal. Whenever the City deems ii necessary to reduce the number of employees in any classification, the employee may be laid off without disciplinary action or without the right of appeal. The City agrees to meet with the Bargaining Unit Representatives 30 days prior to issuance of any layoff notices or abolishment of positions to confer over the impact and implementation of said layoffs or abolishment and to discuss alternatives and options. However, the City Manager shall retain the final decision with respect to classifications and number of employees to be laid off. The City's layoff procedures are contained in Rule 13 (Separation from Service) of the City's Personnel Rules, in effect at the time the layoff decision is made. Section 7. Driving Eligibility Employees who drive a vehicle for City business shall have a valid California Driver's License. The City participates in the California Department of Motor Vehicles' "pull program." The City reserves the right to check at any time with the Department of Motor Vehicles and/or an employee to determine if the employee's license is valid. If an employee's driver's license is revoked, suspended or otherwise made invalid by the 20 28 of 39 September 19, 2017, Item #4.1 Department of Motor Vehicles, the employee must inform his /her supervisor immediately. Section 8. Licenses and Certificates Employees must maintain licenses and certification as outlined in their respective job specifications at all times. In order to ascertain the validity of the employee's licenses and certificates, employees must present licenses and certificates to their supervisor upon request. If any of an employee's licenses or certificates are revoked, suspended or otherwise made invalid, the employee must inform his/her supervisor immediately. Section 9. Direct Deposit All employees will have mandatory direct deposit. Employees will provide authorization to the City to electronically deposit their paychecks to a financial institution of their choice. Section 10. Resignations An employee wishing to resign in good standing shall file with the Department Director a written resignation stating the effective date and reasons for resignation at least two weeks prior to the effective date of resignation. The City will pay an employee for all hours worked on the next regular payday after resignation, and will thereafter pay all accumulated reimbursable benefits as early as feasible . An employee who has resigned with a good record will be given preferential consideration for rehire if a position is available . Decision to rehire is at the discretion of th e City , and the employee will not reestablish rights and/or benefits lost at the time of resignation. Section 11. Training and Seminars The City provides funds for training and educational seminars as the budget reasonably permits. Tuition and fees for training and educational seminars are paid from these funds. Employees requesting tuition for emergency services, job-related educational seminars must obtain approval in advance from the Director of Safety Services . Employees attending such seminars during their normal duty hours will not be charged vacation leave or compensatory time off leave. Employees attending such seminars on their own time will not be compensated for that time . Section 12. Bid System The City agrees to establish a station bid program by separate policy through a joint comm ittee o f PFA members and Fire Management by th e first work cycle in January . The policy will be evaluated on an annual basis . 21 29 of 39 September 19 , 2017, Item #4.1 ARTICLE 11. Grievance Procedure The Association and City will adhere to the grievance procedure as stated in the Personnel Rules, Rule 15, in effect at the time of the grievance. In addition to Step Five of the Grievance Procedure set forth in the Personnel Rules, the final level of review shall be contained in the Memorandum of Understanding with the Association as follows: If the employee does not agree with the decision reached in Step Five of the Grievance Procedure, he/she may present the appeal in writing to the City Council. Final Level of Review: The City Council upon receiving the grievance shall take such actions and such methods as it chooses and render a written final and binding decision. ARTICLE 12. Retirement and Social Security The City will provide retirement benefits through the Public Employees' Retirement System. The City does not participate in the Social Security System. The use of the terms "classic member" and "new member" shall be as defined in the Public Employee Pension Reform Act of 2013 (PEPRA) and those rules and regulations adopted by CalPERS to implement PEPRA. "Classic members" are those members who entered into membership with a retirement system on or before December 31, 2012 who do not meet the definition of "new member" in Government Code section 7522.04(f). A "new member'' is defined in Government Code section 7522.04(f) as any of the following: 1. An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date; or 2. An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under subdivision (c) of Govt. Code 7522.02; or 3. An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer. For employees hired on or before December 31, 2011 and considered "classic members" as defined above: Effective pay period beginning July 11, 2011, each employee in this Bargaining Unit will 22 30 of 39 September 19, 2017, Item #4.1 contribute nine percent (9%) of his/her PERSable salary (excluding overtime) on a pre- tax basis towards the "member contribution" portion of their CalPERS retirement account. Effective the first pay period including July 1, 2017, each employee in this Bargaining Unit will contribute ten percent (10%) of his/her PERSable salary (excluding overtime) on a pre-tax basis toward the "member contribution" portion of their CalPERS retirement account. The City currently contracts with the California Public Employees' Retirement System (CalPERS) to provide the following system features : 1. The retirement benefit formula option known as 3%-at-50 formula ; 2. Average of three highest years' compensation Final Compensation 3 Year ; 3. The Index Level of 1959 Survivors Benefit; and 4. Pre-Retirement Option al Settlement 2W Death Benefit. For employees hired after December 31 , 2011 and considered "classic members" as defined above: The City amended its contract with CalPERS to create a second-tier retirement plan effective January 1, 2012. The second-tier will apply to employees hired after December 31, 2011 and considered "classic members". The second-tier shall provide : 1. The retirement benefit formula option known as 3%-at-55 formula ; ~2. Final Compensation 3 Year &._3._The Index Level 1959 Survivors Benefits ; 3. Average of three highest years' compensation ; and 4. Pre-Retirement Option al Settlement 2W Death Benefit. An employee in the second tier 1,t.1ill contribute nine percent (9%) of his/her PERSable salary (excluding overtime) on a pretax basis towards the "member contribution " portion of their CalPERS retirement account. Effective the first pay period including July 1, 201 7 , each employee in the second-tier will contribute ten percent (10 %) of his/her PERSable salary (excluding overtime) on a pre -tax basis toward the "member contribution " portion of their CalPERS retirement account. For employees hired on or after January 1, 2013 and considered "new members" as defined above: Employees in this group shall receive : _1._The retirement formula known as 2.7 %-at-57 formula ; ~2. The Index Level 1959 Survivor Benefits; aoo 23 31 of 39 September 19, 2017, Item #4.1 L Average of three highest years ' compensation with no Employer Paid Member Contribution (EPMC); and., -2-A . Pre-Retirement Optional Settlement 2 Death Benefit. Employees considered "new members" shall pay 50% of the "normal cost" (as determined by CalPERS annually) on a pre-tax basis . ARTICLE 13. Maintenance of Benefits All rights, privileges , and terms and conditions of employment in full force and effect under the previous MOU and not in conflict herewith shall become a part herein until mutually modified , or otherwise changed by the parties hereto. ARTICLE 14. Job Actions The Association agrees not to strike or otherwise engage in withholding services or concerted action during the term of this Agreement. In addition , the City agrees not to lock out the employees. ARTICLE 15. Americans with Disability Act The City and the Bargaining Unit agree that they are subject to and must conform to the Americans with Disability Act Amendments Act (ADAAA). ARTICLE 16. Classification and Compensation Stud't' 1 . The C ity will in c lude funding for a comprehensive classification and compensat ion study in the FY2015 2016/2016 2017 budget; 2 . The City ·.viii issue an RFP in 2015 16 , to include professional services that 'Nill identify industry standard incentive pay(s), including education in centive pay , for 8afety classifications . 3 . The City will include two Bargaining Unit representatives on the City interview team to conduct consultant selection interviews . These two representatives will have an opportunity to review the RFP prior to issue . 4 . The City will endeavor to complete the c lassification and compensation study by winter 2016/2017 , in time for the next biennium budget cycle (FY 2017 18/2 018 4-Bt: ARTICLE 4+16. Personnel Rules All other employee rights, privileges, and benefits are included in the Personnel Rules of the City of Poway. ARTICLE -1-317 . Posting of Agreement 24 32 of 39 September 19, 2017, Item #4.1 A copy of this Agreement will be posted on the City's intranet and internet for employee access. The Agreement will be provided to new hires at the Human Resources orientation. 25 33 of 39 September 19, 2017, Item #4.1 The undersigned, representing the City and the Association, do hereby adopt the terms and conditions set forth herein and have caused this Memorandum of Understanding to be fully executed by authorized officers . recommend the City Council and members of the Association approve it. For the City: Tina White City Manager Wendy Kaserman Assistant City Manager Jodene Dunphy Human Resources & Risk Management Director Dated: ---------- 34 of 39 26 For the Association: Mike Powell Employee Representative Rodney Ortiz Fire Captain/Paramedic David Ontiveros Firefighter/Paramedic Mark Chamberlain Firefighter/Paramedic Dated: -------- September 19, 2017, Item #4.1 EXHIBIT B Salary Schedule for Classifications within the Safety Employees Bargaining Group Effective the beginning of the first pay period that includes July 1, 2017 (effective June 19, 2017) POSITION SALARY Fire Captain/ RANGE STEPS Paramedic 142.4 A B C D E Biweekly (hourly x 112) 3,390.46 3,560.03 3,738.00 3,924.93 4,121.15 Hourly (112 hours) 30.272 31.786 33.375 35.044 36.796 Hourly (80 hours) 42.381 44.500 46.725 49.062 51.514 Approx. Monthly 7,346 7,713 8,099 8,504 8,929 Fire Caotain 137.4 A B C D E Biweekly (hourly x 112) 3,228.62 3,390.02 3,559.47 3,737.44 3,924.26 Hourly (112 hours) 28.827 30.268 31. 781 33.370 35.038 Hourly (80 hours) 40.358 42.375 44.493 46.718 49.053 Approx. Monthly 6,995 7,345 7,712 8,098 8,503 Fire Engineer /Paramedic 126.3 A B C D E Biweekly (hourly x 112) 2,905.95 3,051.22 3,203.76 3,363.92 3,532.14 Hourly (112 hours) 25.946 27.243 28.605 30.035 31.537 Hourly (80 hours) 36.324 38.140 40.047 42.049 44.152 Approx. Monthly 6,296 6,611 6,941 7,288 7,653 Fire Enaineer 121.3 A B C D E Biweekly (hourly x 112) 2,767.74 2,906.18 3,051.44 3,203.98 3,364.14 Hourly (112 hours) 24.712 25.948 27.245 28.607 30.037 Hourly (80 hours) 34.597 36.327 38.143 40.050 42.052 Approx. Monthly 5,997 6,297 6,611 6,942 7,289 Firefiahter/Paramedic 120.0 A B C D E Biweekly (hourly x 112) 2,732.46 2,869.10 3,012.58 3,163.22 3,321.36 Hourly (112 hours) 24.397 25.617 26.898 28.243 29.655 Hourly (80 hours) 34.156 35.864 37.657 39.540 41.517 Approx. Monthlv 5,920 6,216 6,527 6,854 7,196 Firefighter/Paramedic Probationary 100.0 A B C D E Biweekly (hourly x 112) 2,168.54 2,276.96 2,390.86 2,510.37 2,635.92 Hourly (112 hours) 19.362 20.330 21.347 22.414 23.535 Hourly (80 hours) 27.107 28.462 29.886 31.380 32.949 Annrox. Monthlv 4,699 4,933 5,180 5,439 5,711 35 of 39 September 19, 2017, Item #4.1 Salary Schedule for Classifications within the Safety Employees Bargaining Group Effective the beginning of the first pay period that includes July 1, 2018 POSITION I SALARY Fire Captain/ STEPS RANGE Paramedic 142.4 A B C D E Biweekly (hourly x 112) 3,458.34 3,631.26 3,812.82 4,003.44 4,203.58 Hourly (112 hours) 30.878 32.422 34.043 35.745 37.532 Hourly (80 hours) 43.229 45.391 47.660 50.043 52.545 Approx. Monthly 7,493 7,868 8,261 8,674 9,108 Fire Caotain 137.4 A B C D E Biweekly (hourly x 112) 3,293.02 3,457.66 3,630.59 3,812.14 4,002.77 Hourly (112 hours) 29.402 30.872 32.416 34.037 35.739 Hourly (80 hours) 41.163 43.221 45.382 47.652 50.035 Approx. Monthly 7,135 7,492 7,866 8,260 8,673 Fire Engineer /Paramedic 126.3 A B C D E Biweekly (hourly x 112) 2,964.08 3,112.26 3,267.82 3,431.23 3,602.82 Hourly (112 hours) 26.465 27.788 29.177 30.636 32.168 Hourly (80 hours) 37.051 38.903 40.848 42.890 45.035 Approx. Monthly 6,422 6,743 7,080 7,434 7,806 Fire Enaineer 121.3 A B C D E Biweekly (hourly x 112) 2,823.18 2,964.30 3,112.48 3,268.05 3,431.46 Hourly (112 hours) 25.207 26.467 27.790 29.179 30.638 Hourly (80 hours) 35.290 37.054 38.906 40.851 42.893 Approx. Monthly 6,117 6,423 6,744 7,081 7,435 Firefiahter/Paramedic 120.0 A B C D E Biweekly (hourly x 112) 2,787.23 2,926.56 3,072.83 3,226.50 3,387.78 Hourly (112 hours) 24.886 26.130 27.436 28.808 30.248 Hourly (80 hours) 34.840 36.582 38.410 40.331 42.347 Aporox. Monthlv 6,039 6,341 6,658 6,991 7,340 Firefighter/Paramedic Probationary 100.0 A B C D E Biweekly (hourly x 112) 2,212.00 2,322.54 2,438.69 2,560.66 2,688.67 Hourly (112 hours) 19.750 20.737 21.774 22.863 24.006 Hourly (80 hours) 27.650 29.032 30.484 32.008 33.608 Annrox. Monthlv 4,793 5,032 5,284 5,548 5,825 I 36 of 39 September 19, 2017, Item #4.1 RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN WHEREAS, on June 20, 2017, the City Manager of the City of Poway submitted to the City Council of the City of Poway a Financial Program for Fiscal Year 2017-18; and WHEREAS, an appropriation is necessary to adjust the Fiscal Year 2017-18 budget to implement the wage and salary provisions of the July 1, 2017 through June 30, 2019 Memorandum of Understanding with the Poway Firefighters' Association. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway that the appropriations attached hereto as Exhibit A and incorporated herein by this reference are approved. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 19th day of September 2017. Steve Vaus, Mayor ATTEST: Nancy Neufeld, CMC, City Clerk 37 of 39 ATTACHMENT B September 19, 2017, Item #4.1 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Resolution No. Page 2 I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 17-*** was duly adopted by the City Council at a meeting of said City Council held on the 19th day of September 2017, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATIACHMENTS: Exhibit A 38 of 39 Nancy Neufeld, CMC, City Clerk City of Poway September 19, 2017, Item #4.1 EXHIBIT A Salary and Benefit Recommended Appropriations to City Financial Program for Fiscal Year 2017-18 Fund Salary-Regular Salary -Salary-FLSA Benefits -Parm. Cert ASSIGNED DIVISION (1110) Overtime (1140) (1150) General (1300) (1160) Safety Services Fire Suppression (0501) General (100) 146,490 43,430 5,890 38,946 96,751 Totals 146,490 43,430 5,890 38,946 96,751 Grand Total 331,507 39 of 39 September 19, 2017, Item #4.1