Ord 811 ORDINANCE NO. 811
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. 476 § 2, 1997)
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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
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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 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 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.
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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
Ordinance No. 811
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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/she shall submit his/her 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.
Ordinance No. 811
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 748 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)
Ordinance No. 811
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)
Ordinance No. 811
Page 8
SECTION 15: Section 16.20.090 is modified to read as follows:
16.20.090 Reduction of security.
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.
Ordinance No. 811
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:
7�eufr
Nancy feld, C` MC, City Clerk
STATE OF CALIFORNIA )
) SS •
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify that
the foregoing Ordinance No. 811, 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: CUNNINGHAM, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: LEONARD
DISQUALIFIED: NONE
•
Nancy Ve�CMC, City Clerk
City of Poway