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09-20-2022 Agenda Packetspeak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in online and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be made available online after the meeting. Technical Support I For more information on how to connect, visit www.poway.org/meetinghelp. Agenda Materials I This agenda contains a brief summary of each item the Council will consider. The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org. Sign up at https:/ /poway.org/Hst.aspx to receive email notifications when City Council agendas are published online. Items listed on the agenda with a ''#" symbol are in preparation. American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by TTtle II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting. The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER: ROLL CALL PLEDGE OF ALLEGIANCE: MOMENT OF SILENCE; PRESENTATfON: National Preparedness Month Presentation PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comrnenti however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes. Speakers have one opportunity to address the Council under Public Comment. 2 of 4 Regular City Council Meeting September 20, 2022 CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Coundl with a Roll Call Vote without discussion unless a Council member, a member of the public, or City Manager requests that an item be removed for discussion. 1. Approval of Reading 'by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the June 21, 2022 Regular City Council Meeting Minutes 3. Adoption of Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic 4. Acceptance of the Springvale and Carlson Channel Rehabilitation Project; Bid No. 22-006 with Wright Construction Engineering Corp, as Complete 5. Approval of Amendments to the Contracts for the Sale and Purchase of Goods and Materials with Carus LLC, Hill Brothers Chemical Company, and JCI Jones, Inc. for the Purchase of Water Treatment Plant Chemicals; RFB No. 21-023 6. Award of Contract to SOC Engineering Inc. for the FY 2021-22 Atcessibility Improvements - Community Park Pathways Project; Bid No. 23-003 ORDINANCES FOR INTRODUCTION: None ORDINANCES FOR ADOPTION: Nam: PUBLIC HEARINGS: 7. Conditional Use Permit {CUP) 22-0002; a proposal to establish an indoor recreation facility within an existing 19,000 square-foot building located at 12900 Gregg Court; APN: 317-270-63 City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the Resolution STAF F REPORTS: 8. Revisions to Full Time Equivalent (FTE) counts in the Finance Department and Community Services Department, Two New Position Classifications added to the City of Poway Position Classification Plan, an Update to the Temporary Employee Salary Schedule to Comply with Californla Minimum Wage Requirements and Updates to Related Salary Schedules City Manager's Recommendation: It is recommended the City Council: 1) adopt a resolution adding 1.0 FTE Senior Accounting Technician in the Finance Department and reducing the Confidential Senior Admlnlstrative Assistant HE in the Finance Department from 0.75 to .SO: adding 1.0 FTE Recreation Coordinator classification and increasing the Administrative Assistant 1-1 from 0.66 FTE to 1.0 HE in the Community Services Department; approving changes to the City of Poway Position Classification Plan by adding two new classifications of Deputy City Clerk and General Maintenance Worker I -Temporary; updating the Management/Confidential Salary Schedule effective September 20, 2022: and 2) adopt a resolution approving changes to the Non- 3 of 4 Regular City Council Meeting September 20, 2022 September 20, 2022, Item #2NOrE: These draft meeting minutes are not o!fic1al until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES June 21, 2022 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authorlty!Publlc Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Regular Meeting to order at 7:00 p.m. ROLL CALL Present: Barry Leonard, Caylin Frank, Dave Grosch, John Mullin, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain Karla Menzies, Sheriff's Department. (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE Deputy Mayor Mullin led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATIONS Recognition of Nancee Prast, Retiring Sheriff Senior Volunteer Patrol Member 2 of9 September 20, 2022, Item #2City of Poway -Minutes -June 21, 2022 PUBLIC COMMENT Yuri Bohlen spoke regarding limited hours of services at the Mickey Cafagna Community Center and requested consideration of expanded hours for senior services. CONSENT CALENDAR Motioned by Deputy Mayor Mullin, seconded by Councilmember Grosch to approve Consent Calendar Items 1 through 9. Motion carried 5/0 by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Leonard, Frank, Grosch, Mullin, Vaus None None None None 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda 2. Approval of the May 3, 2022 Regular City Council Meeting Minutes 3. Adoption of Resolution No. 22-036 entitled •iA Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVID-19) to Continue the Existence of a Local Emergency Global Pandemic" 4. Adoption of Resolution No. 22-037 entitled "A Resolution of the City Council of the City of Poway, California, Calling for the Holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California relating to General Law Cities;" Adoption of Resolution No. 22-038 entitled "A Resolution of the City Council of the City of Poway, California, Requesting the Board of Supervisors of the County of San Diego to Consolidate a General Municipal Election to be held on Tuesday, November 8, 2022, with the Statewide General Election to be held that date pursuant to § 10403 of the Elections Code; and Adoption of Resolution No. 22-039 entitled ''A Resolution of the City Council of the City of Poway, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be held on Tuesday, November 8, .2022." 5. Acceptance of Vehicle Maintenance Garage Roll-up Door Replacement Project; Bid No. 21-018 with SWCS, Inc., as Complete 6. Award of Contract to Statewide Stripes, Inc., for the 2022-2023 Citywide Striping Project; Bid No. 22-012 7. Award of Contract to American Asphalt South, Inc., for the 2022-2023 Street Maintenance Project; Bid No. 22-013 3 of 9 September 20, 2022, Item #2City of Poway -Minutes -June 21, 2022 8. Acceptance of the Traffic Signal Controller Upgrades Project; Bid No. 21-011 with Siemens Mobility, Inc. as Complete 9. Acceptance of the Boulder Mountain Reservoirs No. 1 and 2 Rehabilitation Project; Bid No. 21-009 with Advanced Industrial Services, Inc. as Complete Mayor Vaus reordered the agenda to hear Item 19, Creation of Poway ALERT (Alert Law Enforcement, Report Threats) system toll-free hotline 855-56-ALERT following the Consent Calendar, followed by Item 18, Pre-Development Conference (PDC) 22-0003, a request for review of a proposal to approve a Specific Plan, Zone Change, Zoning Ordinance Amendment, General Plan Amendment and a Tentative Tract Map with associated Development Review to construct 64 new residences with recreational amenities and preserve one locally designated historic home on approximately 11 acres located at 12623, 12624, 12650, 12702 Oak Knoll Road and six additional vacant parcels in the RS-7 zone, at this juncture. ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION None. PUBLIC HEARINGS: Items 10 -16 -Resolutions Establishing Assessments for Poway Landscape Maintenance Districts 19-1, 83-1, 86-1, 86-2, 86-3, 87-1 and the Poway Lighting District. Mayor Vaus opened the public hearings for Items 1 0 through 16 at 8:45 p.m. Senior Management Analyst Izzy Murguia presented the report along with a PowerPoint presentation for Items 10 through 16. Mr. Murguia explained that revenues are comprised of three components which are assessments, general benefit contribution and interest revenue. Mr. Murguia reported that the services within Landscape Maintenance Districts and the Poway Lighting District will remain at their current levels. Mayor Vaus closed the public hearings for Items 10 through 16 at 8:48 p.m. 10. Adoption of Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-23 No speakers. Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to adopt Resolution No. 22-040 entitled '1A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-2023''. Motion carried unanimously. 4 of 9 September 20, 2022, Item #2City of Poway -Minutes -June 21, 2022 11. Adoption of Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-23 No speakers. Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to adopt Resolution No. 22-041 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-2023". Motion carried unanimously. 12. Adoption of Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-23 No speakers. Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to adopt Resolution No. 22-042 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-2023". Motion carried unanimously. 13. Adoption of Resolution Establishing Assessments for Poway Landscape Maintenance District 86-2 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-23 No speakers. Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to adopt Resolution No. 22-043 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District 86-2 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-2023". Motion carried unanimously. 14. Adoption of Resolution Establishing Assessments for Poway Landscape Maintenance District 86-3 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-23 No speakers. Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to adopt Resolution No. 22-044 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District 86-3 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-2023". Motion carried unanimously. 15. Adoption of Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-23 No speakers. Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to adopt Resolution No. 22-045 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District 87-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-2023". Motion carried unanimously. 5 of 9 September 20, 2022, Item #2City of Poway -Minutes -June 21, 2022 16. Adoption of Resolution Establishing Assessments for Poway Lighting District to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-23 No speakers. Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to adopt Resolution No. 22-046 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Poway Lighting District to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2022-2023". Motion carried unanimously. 17. Proposed Fiscal Year 2022-23 Operating Budget and Capital Improvement Program Mayor Vaus opened the Public Hearing at 8:50 p.m. Director of Finance Aaron Beanan presented the item along with a PowerPoint presentation. He reviewed the long~range forecast and discussed several Council actions that have positively impacted the long-range forecast including the approval of six-year agreements with the City's labor groups, issuance of pension obligation bonds, updates to ambulance fees, and a new five year contract for law enforcement services with the San Diego County Sheriff's Department. Expenditures not included in the forecast include costs related to maintaining aging infrastructure due to the fact we do not yet know the scope, cost, or timing of these future projects. Mr. Beanan provided an overview of the proposed budget by fund. He reviewed both new program and project requests, as well as new personnel requests for next fiscal year. City Engineer Melody Rocco presented the Fiscal Year 2022-23 Capital Improvement Program with a PowerPoint presentation. She discussed the completion of 14 projects over the last year and spoke regarding 49 active and proposed projects by fund type and estimated costs. John Couvrette, Budget Review Committee Chair, provided a brief overview summarizing the Budget Review Committee process and observations for the fiscal year 2022-23 budget. Public Comment: Peter Neild via teleconference, discussed the possibility of providing additional information about water and sewer usage to citizens, as well as looking into power generation such as solar. End of Public Comment. Mayor Vaus closed the Public Hearing at 9:24 p.m. Council discussion ensued. Motioned by Deputy Mayor Mullin, seconded by Councilmember Grosch to adopt Resolution No. 22-047 entitled "A Resolution of the City Council of the City of Poway, California, Approving Changes to the City of Poway Position Classification Plan, the City of Poway Management/Confidential Salary Schedule, and the City of Poway Non-Safety Salary Schedule". Motion carried unanimously. 6 of9 September 20, 2022, Item #2City of Poway -Minutes -June 21, 2022 Motioned by Deputy Mayor Mullin, seconded by Councilmember Grosch to adopt Resolution No. 22-048 entitled "A Resolution of the City Council of the City of Poway, California, Approving and Adopting the Annual Operating Budget and Capital Improvement Program for the Fiscal Year 2022-23 and Appropriating Funds." Motion carried unanimously. Motioned by Deputy Mayor Mullin, seconded by Councilmember Grosch to adopt Resolution No. 22-049 entitled "A Resolution of the City Council of the City of Poway, California, Adopting an Appropriations Limit for Fiscal Year Ending June 30, 2023." Motion carried unanimously. STAFF REPORTS: 18. Pre-Development Conference (PDC) 22-0003, a request for review of a proposal to approve a Specific Plan, Zone Change, Zoning Ordinance Amendment, General Plan Amendment and a Tentative Tract Map with associated Development Review to construct 64 new residences with recreational amenities and preserve one locally designated historic home on approximately 11 acres located at 12623, 12624, 12650, 12702 Oak Knoll Road and six additional vacant parcels in the RS-7 zone Deputy Mayor Mullin announced having a business relationship with the applicant resulting in a conflict of interest. He departed the dais at 7:23 p.m. Director of Development Services Bob Manis presented the item along with a PowerPoint presentation. He noted this item is advisory only arid stated a formal application has not yet been submitted. Mr. Manis added that Council will not be asked to make decisions on the matter this evening and added the plans presented tonight are conceptual in nature. He provided details on site location, size, zoning, density, access, setbacks, parking, floor plans and project surroundings including public facilities. He discussed four existing home sites which are located on the property and noted their inclusion on the Poway Historic Site list. Mr. Manis noted both builder and City requirements if the project was to move forward. Applicant Ryan Green, San Diego Division President with Lennar Homes, provided a PowerPoint presentation. Public Comment: The following citizens spoke in favor of the development: Jason Switzer, Jen Urena, Vivian Thomas, Ciara Trujillo, Shannon Sellers, and Adrienne Wilson. The following citizens spoke in opposition to the development: Bethany Trainor, Val Trainor, Kathleen Wright, Ann Tipps, Gary Tipps, (submitted speaker slip, but did not speak) Dee Scott and Hiram Soto. The following speakers spoke with a neutral stance on the development: Yuri Bohlen, Utpal Parikh, and via teleconference, Pete Neild. End of Public Comment. Council discussion ensued. Council commented positively that the proposed project is single family homes, and the developer is not proposing to use state density laws that would allow 7 of 9 September 20, 2022, Item #2City of Poway -Minutes -June 21, 2022 even more units. Additional Council discussion included the possibility of relocating trails behind the homes, incorporating the existing historical home into a park, negative impacts to existing residents specific to reduced rear setbacks, the close proximity of new home location to existing homes, options for higher walls, sound barriers, and preservation of trees were discussed, concerns over hillside grading of the Interpretive Center, lack of variety of floor plans and fac;ade, concerns over Roca Grande easement access and legal rights of existing residents, options for a secondary entry, and Sacrarnentois push for more housing that has resulted in lack of local control over housing development. City Council provided input and direction; no action was taken. Deputy Mayor Muflin returned to the dais at 8:45 p.m. WORKSHOPS None. COUNCIL-INITIATED ITEMS: 19. Creation of Poway ALERT (Alert Law Enforcement, Report Threats) system toll-free hotline 855-56-ALERT Mayor Vaus presented the item. He spoke regarding behavioral warning signs of perpetrators of mass casualties which often go unreported to law enforcement. He discussed the prior implementation of the Poway Unified School District tip line created to report incidents which could jeopardize schools and student safety. He noted the tip line is operated in conjunction with the San Diego Sheriffs Department and Poway Unified School District. The item before Council tonight proposes a six-month trial period of a 24/7 City-wide alert system for the anonymous reporting of concerns regarding planned acts of violence or for the reporting of individuals who may show signs of being a danger to themselves or others. He added, all messages would immediately be transferred to the Sheriff's Department for service and noted this program is not intended to replace 9-1-1 for emergencies. Public Comment: Peter Neild via teleconference voiced his support for the Poway ALERT system and inquired on protocols to address mental health issues. End of Public Comment. Council discussion ensued with consensus in support of the program, and clarification was made that this hotline is not intended to be used for reports of imminent danger, those calls should continue to go to 9-1-1. Consensus reached by City Council to adopt Resolution No. 22-035 entitled, "A Resolution of the City Council of the City of Poway, California, Supporting SB-1338, Community Assistance, Recovery, and Empowerment (CARE) Court Program." Motion carried unanimously. 8 of 9 September 20, 2022, Item #2City of Poway -Minutes -June 21, 2022 COUNCIL COMMITTEE REPORTS .. and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) Deputy Mayor Mullin reported having supported the Poway Firefighter's by attending the Demolition Derby at the fair; he noted teamwork and comradery within the Department made for a fun day. CITY MANAGER ITEMS None. CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None. ADJOURNMENT The meeting was adjourned at 9:53 p.m. 9 of 9 Carrie Gallagher, CMC City Clerk City of Poway, California September 20, 2022, Item #3 RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING THE CONTINUED EXISTENCE OF AN EMERGENCY WITHIN THE CITY DUE TO THE NOVEL CORONAVIRUS (COVID-19) GLOBAL PANDEMIC WHEREAS, the Novel Coronavirus (COVID-19) global pandemic in the City of Poway, commencing on or about January 24, 2020 that creates a threat to public health and safety; WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section 2.12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by a public calamity, and the City Council is not in session; WHEREAS, on March 13, 2020, the City Manager, acting pursuant to Government Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based on conditions of extreme peril to the health and safety of persons caused by the Novel Coronavirus (COVI D-19) global pandemic; WHEREAS, on March 18, 2020, the City Council, acting pursuant to Government Code section 8630 and PMC section 2.12.065, ratified the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, approved extending the emergency declaration during regularly scheduled meetings in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, December 15, and in 2021 on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16, December 7, and in 2022 on January 18, February 1, February 15, March 1, March 15, April 5, April 19, May 3, May 17, June 7, June 21, July 19 and August 2; WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050; WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and WHEREAS, such the Novel Coronavirus (COVID-19) global pandemic constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or property. 3 of S ATTACHMENT A September 20, 2022, Item #3 Resolution No. 22-Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVI D~ 19) global pandemic; and (a) The continuing threat of the Novel Coronavirus (COVID-19) global pandemic requires that the City be able to expend public money in order to safeguard life, health, or property; (b) The City Manager, as the City's Personnel Officer, is authorized to take actions necessary to alter employee leave policies and ensure a safe and healthy workforce; (c) The City Manager is authorized to safeguard life, health, or property without complying with notice or bidding procedures; and (d) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regutar meeting, at which time the City Council shall either continue the emergency action or declare the emergency ended. SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the Crty of Poway, California on the 16th day of August, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4 of s September 20, 2022 Item #5Aqua Ammonia Purchase: On May 4, 2021, City Council awarded a two-year contract to Hill Brothers for the purchase of aqua ammonia at $0.705/gal. On November 29, 2021, Hill Brothers notified the City of a cost increase for aqua ammonia from $0. 705/gal to $1.137 /gal. On March 1, 2022, City Council approved the first amendment to the contract with Hill Brothers increasing the not-to-exceed amount from $12,710 to $20,000. On June 29, 2022, Hill Brothers again notified the City of additional cost increases, raising the price to $2.20/gal. Staff recommends increasing the contract's not-to-exceed amount from $20,000 to $40,000 for Fiscal Year 2022-23 aqua ammonia purchases. Chlorine Purchase: On May 4, 2021, the City Council awarded a one-year contract to JCI Jones for the purchase of liquid chlorine at $663.65 per ton (/ton). On June 2, 2021, JCI Jones notified the City of a cost increase for chlorine chemicals to $750/ton. The City received several follow up letters from JCI Jones as notifications of price increases including the following notifications: August 2021 to $920/ton; November 2021 to $1,150/ton; and January 2022 to $1,265/ton. City Council approved the first amendment to the contract with JCI Jones on March 1, 2022, increasing the contract's not-to-exceed amount to $100,000. Since this amendment, the City has received two (2) additional price increase notifications in April 2022 to $1,400/ton and July 2022 to $1,892/ton. Staff anticipates there will be additional cost increases to chlorine this fiscal year. Staff recommends increasing the contract's not-to-exceed amount from $100,000 to $200,000 for Fiscal Year 2022-23 chlorine purchases. City Council approved similar requests for increased costs on existing chemical contracts at the March 1 and June 7, 2022, City Council meetings. As with the previous requests, staff investigated options to reduce these proposed increases by conferring with the vendors and reaching out to alternative suppliers. Staff confirmed due to supply constraints, inflationary operations costs, and inflationary transportation costs, the price for the chemicals has increased across the board. Staff also looked for efficiencies within the operating systems that could reduce the quantities required but found the system is already maximized for efficiency. The treatment of the City's water is essential, and to avoid any lapse in the delivery of chemicals, staff requests approval of amendments to the contracts with Carus, Hill Brothers, and JCI Jones. These chemicals, while themselves are hazardous, are industry standard for use at water treatment facilities and are safely stored and used in compliance with state and federal regulations. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Given the continued volatility of the market for these and other essential chemicals, staff will carefully track expenses and the funds available in the in the Water Supply, Treatment and Storage Division -Chemicals (402060-45200) Fiscal Year 2022-23 budget. As needed, staff will process a budget adjustment later in the fiscal year when more information is available to ensure funds are allocated to cover costs. Public Notification: None. 2 of 15 September 20, 2022 Item #5Each renewal period is subject to a cost increase based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. Price to include any State or Federal fees, e.g., CA Mill assessment fee. SECTION 2. Except as otherwise amended by this FIRST AMENDMENT, all other terms and conditions of the CONTRACT shall remain in full force and effect. (Remainder of page intentionally left blank.) 5 of 15 September 20, 2022 Item #5IN WITNESS WHEREOF, the parties hereto have caused this FIRST AMENDMENT to be executed on the date first above written. CITY OF POWAY By:------------Chris Hazeltine, City Manager ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: Alan Fenstermacher, City Attorney 6 of 15 CARUS LLC By:-------------M. Chryss Crockett, VP, CFO September 20, 2022 Item #5EXHIBIT B BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Prices for Period of September 20, 2022 -June 30, 2023 CHEMICAL DESCRIPTION UNIT UNIT PRICE NOT TO EXCEED Liquid Permanganate 20% GAL $19.227 $43,000.00 (8 Totes@ 275 gal.) 7 of 15 September 20, 2022 Item #5such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule. 3. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule, attached hereto as Exhibit "B", for the period commencing July 1, 2022, and ending June 30, 2023. Total annual fee is not to exceed $40,000. Each renewal period is subject to a cost increase based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. Price to include any State or Federal fees, e.g., CA Mill assessment fee. SECTION 2. Except as otherwise amended by this SECOND AMENDMENT, all other terms and conditions of the CONTRACT shall remain in full force and effect. (Remainder of page intentionally left blank.) 9 of15 September 20, 2022 Item #5IN WITNESS WHEREOF, the parties hereto have caused this SECOND AMENDMENT to be executed on the date first above written. CITY OF POWAY By:-------------Chris Hazeltine, City Manager ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: Alan Fenstermacher, City Attorney 10 of 15 HILL BROTHERS CHEMICAL COMPANY By:-------------Frank Alari, Regional Sales Manager September 20, 2022 Item #5EXHIBIT B BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Prices for Period of September 20, 2022 -June 30, 2023 CHEMICAL DESCRIPTION UNIT UNIT PRICE NOT TO EXCEED Aqua Ammonia GAL $2.20 $40,000.00 20% 11 of 15 September 20, 2022 Item #5THIRD AMENDMENT TO CONTRACT FOR THE SALE AND PURCHASE OF GOODS AND MATERIALS THIS THIRD AMENDMENT TO CONTRACT, is made and entered into effective this 20th day of September, 2022, by and between the CITY OF POWAY, a municipal corporation (hereinafter referred to as "CITY"), and JCI JONES CHEMICALS, INC., an California corporation, (hereinafter referred to as "SELLER"). RECITALS 1. CITY and SELLER entered into that certain "CONTRACT FOR THE SALE AND PURCHASE OF GOODS AND MATERIALS," dated July 1, 2021, (the "CONTRACT"), by which CITY and SELLER established the terms and conditions for providing goods and services to CITY. 2. The CONTRACT has a term of one (1) year, and further provides, inter alia, that the CONTRACT may be extended for four (4) additional one (1) year terms upon approval of the CITY's City Manager. 3. On June 2, 2021, SELLER notified CITY in a Force Majeure Declaration that its cost for goods subject to this CONTRACT have increased since the submittal of their bid, outside of SELLER's control. On September 16, 2021, the Force Majeure Declaration was cancelled. 4. On November 8, 2021, SELLER notified the CITY that its cost for goods subject to this CONTRACT have again increased, outside of SELLER's control. 5. On March 1, 2022, CITY and SELLER entered into the FIRST AMENDMENT TO CONTRACT increasing the CONTRACT not-to-exceed limit of $63,710 to a not-to-exceed limit of $100,000. 6. On July 1, 2022, CITY and SELLER entered into the SECOND AMENDMENT TO CONTRACT extending the term of the CONTRACT for one (1) year, beginning July 1, 2022, and terminating June 20, 2023. 7. Now the CITY and SELLER agree to increase the CONTRACT from a not-to-exceed limit of $100,000 to a not-to-exceed limit of $200,000. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: SECTION 1. Item 1 entitled "Sale and Purchase" and Item 3 entitled "Price" of the CONTRACT are amended to read as follows: 12 of 15 September 20, 2022 Item #51. Sale and Purchase. Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Section 5, below, and in Bid Schedule, attached hereto as Exhibit "C" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule. 3. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule, attached hereto as Exhibit "C", for the period commencing July 1, 2022, and ending June 30, 2023. Total annual fee is not to exceed $200,000. Each renewal period is subject to a cost increase based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 3.5%, whichever is less. Price to include any State or Federal fees, e.g., CA Mill assessment fee. SECTION 2. Except as otherwise amended by this THIRD AMENDMENT, all other terms and conditions of the CONTRACT shall remain in full force and effect. (Remainder of page intentionally left blank.) 13 of 15 September 20, 2022 Item #5IN WITNESS WHEREOF, the parties hereto have caused this THIRD AMENDMENT to be executed on the date first above written. CITY OF POWAY JCI JONES CHEMICALS, INC. By:------------By: -------------Chris Hazeltine, City Manager Cris Blomgren, Sales Coordinator ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: Alan Fenstermacher, City Attorney 14 of 15 September 20, 2022 Item #5EXHIBIT C BID SCHEDULE ANNUAL SUPPLY OF CHEMICALS FOR THE LESTER J. BERGLUND WATER TREATMENT PLANT Prices for Period of September 20, 2022 -June 30, 2023 CHEMICAL DESCRIPTION UNIT UNIT PRICE NOT TO EXCEED Liquid Chlorine~ 99.5% Ton $1,892.00 $200,000.00 Price is subject to change after 12/31/22 upon 30 days written notice. 15 of 15 September 20, 2022, Item # 6SECTION 8 CONSTRUCTION CONTRACT CITY OF POWAY FY 2021-22 ACCESSIBILITY IMPROVEMENTS-COMMUNITY PARK PATHWAYS This Contract made and entered into this 21st day of September, 2022, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as 11City'' and SOC Engineering Inc., hereinafter referred to as "Contractor.0 The City and the Contractor, for the consideration hereinafter named, mutually agree as follows: 1. The complete Contract includes all of the Contract Documents. which are 2. 3. 4. 3 of10 incorporated herein by this reference, and include: a. This Contract b. Contract Addenda c. Contract Change Orders d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications f. Contract Plans g. General Condition h. Special Conditions i. Standard Specification for Public Works; most current edition The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: This project includes the construction of Americans with Disabilities Act (ADA) compliant concrete pathways. The work will include but is not limited to the following: clearing and grubbing, grading, concrete sidewalk, concrete curb, landscape and irrigation restoration, and all related and necessary work as defined in the contract documents. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council. ATTACHMENT A 1 September 20, 2022, Item # 65. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $108,814.54 the "Contract Price." 6. 7. 8. 9. 10. 11. 4 of 10 City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 25 Working Days after the date specified in the Notice to Proceed. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum: Five Hundred Dollars ($500) per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code§ 1773.1. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and§ 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work performed under the terms of the Contract. Failure to comply with these sections of 2 September 20, 2022, Item # 6the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813. 12. Contractor will comply with the provisions of labor Code § 1777 .5 pertaining to the employment of apprentices to the extent applicable to this Contract. 13. Contractor, by executing this Contract, hereby certifies: "I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. 14. Contractor shall, concurrent with the execution of this Contract1 furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work (''Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished (''Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City. 15. a. Contractor shall procure and maintain at its own expense, until completion of s of 10 performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period. b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required 3 September 20, 2022, Item # 616. 6 of 10 by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same. Worker's Compensation Insurance: o Contractor has no employees and is exempt from workers' compensation requirements. o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings. e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on 4 September 20, 2022, Item # 6file with the City at all times until completion of performance and acceptance by the City. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits. e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors. 17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 18. 7 of10 officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective. 5 September 20, 2022, Item # 619. 20. 21. 22. 23. 24. 25. 26. 27. 8 of 10 The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made with a reasonable time after completion of the work. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 6 September 20, 2022, Item # 628. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 30. a. Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. b. Pending a determination by City of appropriate action to be take, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order. d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. 31. This Contract is to be governed by the laws of the State of California. 32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment. City is hereby authorized to make such repairs if within ten ( 10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. 9 of10 7 September 20, 2022, Item # 6IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written. Contractor's Name: Print Name of Construction Company By: ------------Signature Print Name Contractor information: Address for Notices and Payments Telephone Number: ______ _ Email: -----------CITY OF POWAY a Municipal Corporation Chris Hazeltine, City Manager ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER. LLP Alan Fenstermacher, City Attorney 10 of 10 8 September 20, 2022, Item #7RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) 22-0002 TO ESTABLISH AN INDOOR RECREATION FACILITY AT 12900 GREGG COURT; ASSESSOR'S PARCEL NUMBER 317-270-63 WHEREAS, Conditional Use Permit (CUP) 22-0002 was submitted by Steve Krongard, Applicant, and Pajama Properties, LLC, Owner, for the establishment of a recreation facility within an existing commercial building located at 12900 Gregg Court, within the South Poway Commercial (SPC) land use area of the South Poway Specific Plan (SPSP). WHEREAS, on September 20, 2022, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting a CUP. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The proposed project 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 the project involves minor interior alterations to an existing building, where the operation of a recreation facility is allowed as a conditional use by the underlying SPC land use designation, and the proposed project consists of a new commercial use that will replace a previous commercial use with negligible or no expansion. SECTION 2: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code (PMC), to approve CUP 22-0002 to allow the establishment of a recreation facility, are made as follows: A. The location, size, design and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations), the General Plan, and the development policies and standards of the City, including the SPSP in that indoor recreational uses are permitted as a conditional use within the SPC land use area. The proposed project meets all City development standards. B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the proposed recreational facility will be located within an existing commercial building with all business operations occurring inside the building. C. The proposed facility is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the use will be complementary to commercial retail uses located within the commercial retail center and will provide recreational opportunities 3 of 11 ATTACHMENT A September 20, 2022, Item #7Resolution No. 22-Page 2 for the Business Park workforce and/or families. The facility is located within an existing commercial building which complies with SPSP requirements. No changes to the building exterior are proposed. D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use. E. There will not be a harmful effect upon desirable neighborhood characteristics ih that there will be no visible changes to the developed site and existing commercial building. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that there will be no increase in traffic based upon the change in use. G. The site is suitable for the type and intensity of use or development that is proposed in that the facility is within an existing commercial building and will provide recreational opportunities for the workforce in the Business Park and the community. H. There will not be significant harmful effects upon environmental quality and natural resources in that the site is fully developed and contains no natural habitat. I. There are no relevant negative impacts of the proposed use that cannot be mitigated. J. That the impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, in that the site has adequate parking to accommodate the proposed use and all activities use will occur within the existing commercial building. K. That the proposed conditional use will comply with each of the applicable provisions of this Title. SECTION 3: The City Council hereby approves CUP 22-0002, as shown on the site and operations plan incorporated herein by reference and stamped as "Exhibit A'' and dated September 20, 2022, on file in the Development Services Department, except as noted herein, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense1 or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. 4 of 11 September 20, 2022, Item #7Resolution No. 22-Page 3 B. Approval of this CUP request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant. the applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. E. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels. r. The conditions of CUP 22-0002 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. G. CUP 22-0002 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. H. Prior to business operations, the applicant shall apply to obtain a Business Certificate through the Customer Services Department of the City of Poway and comply with the following: 1. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein, A final inspection from the appropriate City departments will be required. 2. Any signs proposed for the recreation facility shall be designed in accordance with the Sign Ordinance and SPSP. The necessary Sign Permit(s) and Building Permit(s) approvals for signage shall be obtained prior to installation. I. The applicant shall obtain a Building Permit for tenant improvements and signage proposed. Prior to issuance of a Building Permit, the applicant shall comply with the following: 5 of 11 1. The development shall comply with the current addition of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety requirements. 2. The site shall be developed in accordance with the approved plans stamped as "Exhibit A" on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. September 20, 2022, Item #7Resolution No. 22-Page 4 (Engineering) 3. The applicant will be required to install trash treatment control devices inside all existing private storm drain grated inlet structures onsite. Please call out the proposed devices on the building plans. (Planning) 4. Applicable school impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 679-2570. (Public Works) 5. The applicant shall ensure that a correctly sized and properly installed GRE Grease Trap/Interceptor is present, utilized, and maintained. The plans shall reference the correct size, type, location of installation, applicable tie-ins and complete the Food Service Establishment Wastewater Discharge Permit (FSEWDP) application and schedule an inspection for permit (call (858) 668-4735). 6. Any damage to Landscape Maintenance District (LMD) landscaping and/or irrigation shall be repaired and paid for by construction contractor to the satisfaction of the City's inspector. 7. All stormwater conveyance assets will be maintained by property owner. J. The following requirements shall be completed to the satisfaction of the Fire Department: 6 of 11 1. The project shall comply with all applicable PMC, California Fire Code (CFC) and California Building Code (CBC) for this project. 2. The Fire Sprinkler system is required to be maintained and designed to properly protect the new interior space per the National Fire Protection Association (NFPA) 13 standard. 3. The Fire Monitoring system is required to be maintained and properly signaling to a UL Listed Central Station Monitoring Company at all times. 4. A commercial Type 1 Kitchen Hood with Mechanical Ventilation Exhaust, protected by a commercial kitchen Fire Suppression System shall be required if the exceptions in CFC Section 607.2 are not met. 5. Fire protection system area access doors shall be identified by appropriate signage from the interior and exterior on the building. 6. Illuminated Exit Signage is required throughout per the CFC & CBC. 7. Emergency Exit Lighting is required throughout per the CFC & CBC. 8. Panic Hardware is required on all egress doors for places of assembly occupancy types. 9. An Occupancy Load Sign is required inside main occupancy space and spaces over 49 occupants. September 20, 2022, Item #7Resolution No. 22-Page 5 10. Fire extinguishers (minimum 3A40BC) are required throughout per the CFC & CBC. 11. Fire Department Knox Box is required and business owner shall provide Master Keys. 12. Fire Lanes shall be maintained per the CFC & CBC. 13. Electrical room shall be identified by signage and maintained free of any combustible storage. K. Prior to issuance of a Certificate of Occupancy: (Engineering) 1. A recorded Stormwater Trash Management Facilities Maintenance Agreement, perpetual maintenance of facilities and an easement granted to the City will be required. Acceptable devices can be found at https://poway.org/963/Stormwater-Forms. 2. The stormwater facilities shall be complete and operational prior to occupancy. 3. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 4. The applicant shall repair, to the satisfaction of the City Engineer, any and all damage to public improvements caused by construction activity from this project. L. Upon establishment of the proposed use, pursuant to CUP 22-0002, the following shall apply: 7 of 11 (Planning) 1. The parking areas, driveways and landscape areas shall be well maintained in a healthy and thriving condition free from weeds, trash and debris. Any damage from any cause shall be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. 2. All landscaping shall be adequately irrigated and permanently and fully maintained by the Property Owner at all times. 3. All parking space striping shall be maintained. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces with one van accessible space. 4. The use of the facility shall be limited to activities described in the application. 5. No outdoor storage, display or activities shall occur onsite except through approval of the appropriate permits. 6. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise and shall comply with noise standards contained in Chapter 8.08 of September 20, 2022, Item #7Resolution No. 22-Page 6 the PMC. At no time, shall noise from any source exceed the noise standards defined in the PMC. (Engineering) 7. No person shall dispose of, nor permit the disposal, directly or indirectly of hazardous materials, paint, wash water, or materials, which result from the construction activities, into the storm drains. SECTION 4: The approval of CUP22-0002 shall expire on September 20, 2024, at 5:00 p.m. unless, prior to that time, use and occupancy on the property in reliance on the CUP approval has commenced prior to its expiration. SECTION 5: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of September, 2022 the following vote, to wit: AYES: NOES; ABSENT: DISQUALIFIED: ATTEST: Carrie Gallagher, CMC, City Clerk 8 of 11 Steve Vaus, Mayor September 20, 2022 Item #8DATE: TO: FROM: CONTACT: SUBJECT: summary: AGENDA REPORT CityofPoway CITY COUNCIL September 20, 2022 Honorable Mayor and Members of the City Council Jodene Dunphy, Director of Human Resources and Risk Management Jodene Dunphy, Director of Human Resources and Risk Management (858) 668-4413 or jdunphy@poway.org Revisions to Full Time Equivalent (FTE) counts in the Finance Department and Community Services Department, Two New Position Classifications added to the City of Poway Position Classification Plan, an Update to the Temporary Employee Salary Schedule to Comply with California Minimum Wage Requirements and Updates to Related Salary Schedules One of the duties charged to the City Manager stated in the Poway Municipal Code is the responsibility for the efficient administration of all the affairs of the City under the Manager's control. This includes a duty to study position and staffing needs as may be indicated in the interest of efficient, effective and economical conduct of the City's business. This staff report outlines proposed personnel actions that demonstrate a commitment to ensuring the effective organization of city resources in order to provide the highest quality services and programs to meet the needs of the Poway community. The proposed personnel actions include: adding a net 2.09 FTEs to the City full-time, regular workforce; creating and adding two new classifications to the City's Position Classification Plan and Salary Schedules; and complying with California's minimum wage requirements, effective January 1, 2023. Recommended Action: It is recommended the City Council: 1) adopt a resolution adding 1.0 FTE Senior Accounting Technician in the Finance Department and reducing the Confidential Senior Administrative Assistant FTE in the Finance Department from 0.75 to .SO; adding 1.0 FTE Recreation Coordinator classification and Increasing the Administrative Assistant II from 0.66 FTE to 1.0 FTE in the Community Services Department; approving changes to the City of Poway Position Classification Plan by adding two new classifications of Deputy City Clerk and General Maintenance Worker I -Temporary; updating the Management/Confidential Salary Schedule effective September 20, 2022; and 2) adopt a resolution approving changes to the Non-Safety Salary Schedule and the Part-Time Temporary/Seasonal Wage Schedule effective January 1, 2023. Discussion: Proposed Finance Staff Changes The Finance Department is broken into three different divisions: Finance, Customer Services and 1 of 12 September 20, 2022 Item #8Information Technology. In the Finance Division, there is currently only one Senior Accounting Technician position, which supports the City's payroll functions for over 230 regular positions and an average of 100 temporary positions. Public sector payroll is extremely complicated, with three different twenty-four-hour shift schedules for Fire Department personnel and twenty-four-hour Water Treatment Plant operations. There are countless complex payroll laws and rules that apply to public sector employees, an extremely high volume of interaction with employees while processing payroll on a biweekly basis, as well as the need for highly technical expertise. A second Senior Accounting Technician will ensure the payroll function can continue to support the high demands of the organization, allow for redundancy of a highly complex function, and help ensure new payroll laws and Memorandum of Understanding (MOU) provisions affecting public sector employees continue to be implemented accurately and timely. In September 2020, Council approved a reorganization within the Finance Department to better align resources which provide the most value to residents and businesses, as well as the organization. Part of this reorganization included increasing the 0.50 FTE Confidential Senior Administrative Assistant position to 0.75 FTE. This change was intended to increase high-level admlnlstratlve support to the Finance Director, as well as each division, so staff could more efficiently pursue and accomplish the work of the Finance Department. Based on evolving processes and shifting needs within the department, the additional support is not currently needed. As such, the Finance Department is proposing to reduce the 0.75 FTE Confidential Senior Administrative Assistant to o.so. Community Services and Friends of Poway Seniors Community Services staff members and members of the Friends of Poway Seniors commwnlty group have been collaborating on ways to expand older adult services based on identified needs, as well as requests from the public. After many discussions, the Friends of Poway Seniors community group agreed to provide a generous donation to fully fund an additional 1.0 FTE Recreation Coordinator and an increase in the .66 FTE of the Administrative Assistant II at the Mickey Cafagna Community Center to 1.0 FTE. If approved, the new Recreation Coordinator position will be a dedicated resource to the Older Adult Programs and will receive additional assistance from the proposed full-time Administrative Assistant II. Older Adult Programming at the Mickey Cafagna Community Center will be expanded to include a volunteer program for seniors, a quarterly newsletter, improved program marketing, additional recreation classes, workshops covering a variety of topics, senior dances, and health services. In addition, the department will work with an outside provider to offer free transportation similar to rideshare programs. Deputy City Clerk The City Clerk is the Election Official for local elections, and responsible for complying with the Public Records Act, the Political Reform Act, and the Brown Act, among many other responsibilities. Before and after City Council meetings, the City Clerk ensures City Council actions are compliant with federal, state, and local statutes and regulations, and all actions are properly executed, recorded, and archived. Considering the complexity of elections, the ongoing functions related to bl-monthly agenda preparation, the weekly and daily tasks associated with public noticing, assisting internal and external customers, processing agreements, releasing bonds, expertise to back up the City Clerk if needed, and meeting the City Council and City Manager expectations of exceptional customer service, City staff has determined that the currently vacant Senior Administrative Assistant position should be replaced by a new classification: Deputy City Clerk. The Deputy City Clerk is a common position in sixteen of the eighteen municipalities in San Diego County and, if approved, Will provide Poway an elevated level of 2 of 12 September 20, 2022 Item #8administrative review, technical knowledge, and support to the City Clerk's Office. To attract qualified candidates, Human Resources analyzed the San Diego market with regard to the position requirements and salary range of the sixteen Deputy City Clerk positions in cities within San Diego County. Based on both an external analysis as well as an internal evaluation of the City of Poway classification and compensation structure, it is recommended that the Deputy City Clerk classification is placed in the Management/Confidential Employee Group 28 at Grade 571, with a monthly salary range of $6,678. $8,117. General Maintenance Worker I -Temporary The Public Works Department routinely requires the assistance of temporary workers to assist fn seasonal programs, such as the cinnual Asphalt Program, and other as-needed, one-time or temporary projects. In addition, other departments within the City of Poway organization may be able to use temporary employees during prolonged vacancies or absences, and for larger, short-term projects in which general labor is needed. The creation of a temporary/seasonal General Maintenance Worker I classification Will allow departments to bring in temporary assistance to help with larger one-time projects, seasonal programs, and as-needed support. The new classification would allow departments to temporarily hire seasonal employees to positions that are not FTE budgeted or have negotiated benefits. The new classification is proposed to be added to the Temporary/Seasonal Wage Schedule at Grade 220, with an hourly wage range of $16.1231 -$19.5978, equivalent to the Seasonal Parks Maintenance Worker classification. California Minimum Wage Increase Effective January 1, 2023, the minimum wage In California for all industries, including municipal workers, increases to $15.50 per hour. The City has reviewed the salary grades for two classifications that will not meet the State's minimum hourly wage requirement at the entry level steps. To comply with State law, the City of Poway's Part-Time Temporary/Seasonal Wage Schedule has been revised to reflect _one-time, special wage grade adjustments to the Recreation Leader I and Dock Attendant positions, increasing the entry-level step of both positions from $15.3462 to $15.7299, with subsequent steps adjusted accordingly. The grade and hourly rate for the one and only regular part-time Recreation Leader I position listed on the Non-Safety Salary Schedule will also be adjusted In order to comply with the minimum wage law. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The estimated annual cost of adding a 1.0 FTE Senior Accounting Technician position is $101,000. The estimated savings from the reduction of the 0.75 FTE Confidential Senior Administrative Assistant to a 0.50 is $19,000. The estimated partial-year net cost for the remainder of Fiscal Year 2022-23 is $41,000. Sufficient funds are available to cover the partial ye.ar net cost of the proposed FTE adjustments due to existing vacancies within the department, including the retirement of the prior Senior Accounting Technician, who was in CalPERS1 Tier I with supplemental PARS retirement. The supplemental PARS retirement benefit is a closed benefit and not offered to new hires. Future costs wi.11 be included in the annual budget for Council consideration. 3 of 12 September 20, 2022 Item #8The estimated annual cost to add the 1.0 FTE Recreation Coordinator and increase the 0.66 FTE Administrative Assistant II to 1.0 FTE is $93,000. Sufficient funds are available to cover the initial partial-year cost in Fiscal Year 2022-23 due to the donation of $100,000 from the Friends of Poway Seniors community group. Future costs, and donations as applicable, will be Included In the annual budget for Council consideration. The estimated annual cost increase for reclassifying the Senior Administrative Assistant in the City Clerk's office to a Deputy City Clerk Is $34,500. The cost increase for the remainder of Fiscal Year 2022-23 is approximately $17,250 (Including salary and benefits), by the time the City recruits and hires a Deputy City Clerk. Sufficient funds are available in the City Clerk's budget to cover the expenses due to salary savings from the vacant Senior Administrative Assistant. There is no additional cost to adding the General Maintenance Worker I -Temporary classification to the City of Poway Position Classification Plan. Departments already have approved budgets for part• time, temporary/seasonal employees. The estimated cost impact to adjust the Recreation Leader I and Dock Attendant hourly rates within the Part-Time Temporary/Seasonal Wage Schedule, effective January 1, 2023, to comply with California minimum wage requirements is estimated at less than $500 for the second half of Fiscal Year 2022-23, based on the number of Dock Attendants and Recreation Leader I employees at Step 1. Sufficient funds are available in the budget to cover the expenses from position vacancies this fiscal year to date. public Notification: None. Attachments: A. Resolution adding a net 2.09 Full Time Equivalent (FTE) positions in the Finance and Community Services Departments, approving two new classifications on the City of Poway Position Classification Plan, and approving the Management/Confidential Salary Schedule B. Resolution approving the Part-Time Temporary/Seasonal Wage Schedule and the Non-Safety Salary Schedule Reviewed/Approved By: ' i ---.,, .. :VJ,.,\~ f, L Wendy ~s)rman Assistant City Manager 4 of 12 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chris Hazeltine City Manager September 20, 2022 Item #8RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADDING A NET 2.09 FULL TIME EQUIVALENT (FTE) POSITIONS IN THE FINANCE AND COMMUNITY SERVICES DEPARTMENTS, APPROVING TWO NEW CLASSIFICATIONS ON THE CITY OF POWAY POSITION CLASSIFICATION PLAN, AND APPROVING THE MANAGEMENT/CONFIDENTIAL SALARY SCHEDULE WHEREAS, the Poway Municipal Code requires the City Manager to be responsible for the efficient administration of all the affairs of the City under the Manager's control; WHEREAS, this includes a duty and responsibility to study organizational staffing as needed in the interest of efficient, effective and economical conduct of the City's business; WHEREAS, the City of Poway is committed to ensuring the effective organization of city resources in order to provide the highest quality services and programs to meet the needs of the Poway community; WHEREAS, the City Council approves the changes incorporated into the Poway Position Classification Plan, attached hereto as ''Exhibit A" and the City of Poway Management/Confidential Salary Schedule attached hereto as "Exhibit B"; and WHEREAS, the City Council must approve new classifications added to the City's Position Classification Plan and changes to the Salary Schedules, and the new classification specifications for Deputy City Clerk and General Maintenance Worker I are on file In the Human Resources and Risk Management Department and available on the City's website. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Poway, that the following personnel changes are authorized effective September 20, 2022: SECTION 1: Addition of 1.0 FTE Senior Accounting Technician to the Finance Department. SECTION 2: Reduction of the Confidential Senior Administrative Assistant FTE in the Finance Department from 0. 75 to 0.50. SECTION 3: Addition of 1.0 FTE Recreation Coordinator position in the Community Services Department. SECTION 4: Increase in the FTE for Administrative Assistant II in Community Services Department, Community Center Division from 0.66 to 1.0 FTE. SECTION 5: Creation of a Deputy City Clerk classification added to the City's Position Classification Plan to replace the Senior Administrative Assistant position in the City Clerk's Office, and established on the ManagemenUConfidential Salary Schedule at Grade 571, with a monthly salary range of $6,678 • $8,117, effective September 20, 2022; SECTION 6: Addition of a General Maintenance Worker I -Temporary classification added to the City's Position Classification Plan. 5 of 12 ATTACHMENT A September 20, 2022 Item #8Resolution No. 22-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of September, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 6 of 12 September 20, 2022 Item #8c1._,,ification Accounmnt Accounting Techmcian II Administrative Asiistnnt l Administrative Assistant II Administrative As$is1ant Ill Aquatics Coordinator Assisianl Citv Manager Msis1an1 Direc.tor of Finance Operations Assistant Director of Public Works for Maintenance Ooerations Assistant Director of Public Works for Utilities Assistant Engineer Assistant Planner A-ssociate Civil Cln1otineer Associate Planner Box Office Attendan1 Box Office Coordinator Ciiy Clerk City Engineer City Manager Ci I)' Planner Code Compliance Officer Community Outreach Coordinator Construction Maintenance Crew Leader Construction Main!enance Supervisor Construction Maintenance Worker 1 Construction Maintenance Worker II Contract Soecialis~'lnsoector Cross-Connect,on Specialist Customer Services field Worker Customer Services Technician I Customer Services Technician II Deputy C11y Cletk Deourv Fire Chief Deoutv Fire Marshal Dcvcloomenl Services Aide Director of Community Services Director of Develonment Services Director of Finance Director of Human Resources & Risk Management Director of Public Works Oock Allendant Eni.-tmeerin11. Inspector E111:ineerm2 Technicrnn I 7 of 12 EXHIBIT A City of Poway Position Classification Plan ClaJsificatioo Engineering Technician 11 Eqmpment Mechanic Executive Assistant 10 the City Manager Facilitic:s Maintcnunce und Special o,strocts Supervisor Facilities Mo,ntennnce Technician I Facilities Maintenance Technician II Finance Manager Fire Battolton Chief Fire Captain/Paramedic Fire Chief Fire Engmcer/Paramed1c Fire Safety Inspector Fi rcfi gt, ter/Parnmcd ic Fleet Maintena.nce Sui,erv1sor Front of House Assistant Fron I of House Coordinator GlS Analyst General Maintenance Worker. Temporar,, Human Resources Technician J Human Resources Technician ll Information Technology Analyst lntem lnterpreuvc Services Coordinator Leed Customer Services Field Worker I.cad Engineering Inspector Lifeguard Management Analyst Mana11.ement Assishmt Network and <;ornputer Systems Administrator NehvQrk and CQmpu1er Systems Analvst Park Ranger Parks and Trails Arca Manager Parks Mai nienance Crew Leader Parks Maintenance Supervisor Porks Maintenance Worker I Parks Mnintenancc Worker II Principal Enl\ineer-Utilities Public Works Operations Mitno11,er Records Technician Recreation Area Manager Recreation Coordinator Recreation Leader 1 Recreation Leader 11 Clusificatlon Revenue and Oper:11ions Manqger Revenue and Operations Supervisor St:asonal Parks MainU:n"ncc Worker Senior Accountant Senior Accounting Tcc~nic1nn Senior Administrative Assistant Senior Administrative Assistant• Confidential Senior Civil Engineer Senior Code Comoliance Oflicer Senior Doc;!( Attendant Senior Equipment Mechamc Senior Facilities Maintenance Technician Senior Fire Safety lnspcc1or Senior Human Resources Analyst Senior Lifel!uard Senior Manal!emenl Analyst Senior Purk Ranger Senior Planner Senior Utility Systems Mechanic Senior U1ility Systems Technician Special ProjectS Engineer Stolle Technician Storrnwater Maintenance & Construcuon Worker 1 Stormwalcr Mainlcnnncc & Construction Workerll Technical Theater Coordinator Utiliues Administrator Utility Systems Mechanic Utility Svstcms Suoervisor Utility Systems Technician WarellQuse Associate Wastewater Utilities Crew Lead Wastewater Utilities Supervisor Wastewater Utilities Worker I Wus1cwutcr Ulflilics Worker n Water 'treatment Plant Lead Operator W uter irtatmcnt Plant Manager Water Treatment Plant Oper~lor I Water Trea1ment Plan, Opera1or II Water Treatment Plant Opera1or Ill Water Utilities Crew Lender Wuter Utilities Distriburion Supervisor Wilter Utilities Worker 1 Water U1ilt1ies Worker II Approved at a regular mect1n9, a( lh• Powoy Clly Council on 9/2Gn022 City of Poway Management / Confidential Salary Schedule Approx. Monthly Salary Range City Manager 22,664 Group 1 Exempt At-Will Min - Max Min Max Assistant City Manager 13,346 - 18,684 76.9976 107.7966 Director of Community Services 12,710 - 17,795 73.3313 102.6635 Director of Development Services 12,710 - 17,795 73.3313 102.6635 Director of Finance 12,710 - 17,795 73.3313 102.6635 Director of Human Resources & Risk Management 12,710 - 17,795 73.3313 102.6635 Director of Public Works 12,710 - 17,795 73.3313 102.6635 Fire Chief 12,710 - 17,795 73.3313 102.6635 Approx. Monthly Salary Range Assistant Director of Public Works Utilities 731 9,937 - 12,080 57.3277 60.1939 63.2037 66.3639 69.6909 Assistant Director of Public Works Operations 731 9,937 - 12,080 57.3277 60.1939 63.2037 66.3639 69.6909 Assistant Director of Finance Operations 731 9,937 - 12,080 57.3277 60.1939 63.2037 66.3639 69.6909 City Clerk 681 8,778 - 10,670 50.6411 53.1732 55.8319 58.6235 61.5582 City Engineer 780 11,139 - 13,540 64.2668 67.4801 70.8541 74.3968 78.1167 City Planner 731 9,937 - 12,080 57.3277 60.1939 63.2037 66.3639 69.6909 Deputy Fire Chief 780 11,139 - 13,540 64.2668 67.4801 70.8541 74.3968 78.1167 Deputy Fire Marshal 620 7,503 - 9,121 43.2917 45.4563 47.7291 50.1156 52.6213 Finance Manager 681 8,778 - 10,670 50.6411 53.1732 55.8319 58.6235 61.5582 Fire Battalion Chief (not at-will/2912 hrs/yr)570 9,285 - 11,286 38.2636 40.1767 42.1856 44.2948 46.5096 Parks and Trails Area Manager 560 6,470 - 7,865 37.3303 39.1968 41.1567 43.2145 45.3752 Principal Engineer - Utilities 731 9,937 - 12,080 57.3277 60.1939 63.2037 66.3639 69.6909 Public Works Operations Manager 681 8,778 - 10,670 50.6411 53.1732 55.8319 58.6235 61.5582 Recreation Area Manager 560 6,470 - 7,865 37.3303 39.1968 41.1567 43.2145 45.3752 Recreation Area Manager (Y-Rated)681 8,778 - 10,670 50.6411 53.1732 55.8319 58.6235 61.5582Revenue and Operations Manager 681 8,778 - 10,670 50.6411 53.1732 55.8319 58.6235 61.5582 Water Treatment Plant Manager 681 8,778 - 10,670 50.6411 53.1732 55.8319 58.6235 61.5582 Accountant 481 5,326 - 6,475 30.7255 32.2616 33.8747 35.5684 37.3547 Associate Civil Engineer 602 7,261 - 8,826 41.8893 43.9837 46.1827 48.4920 50.9165 Associate Planner 521 5,902 - 7,174 34.0517 35.7528 37.5413 39.4178 41.3896 Community Outreach Coordinator 571 6,678 - 8,117 38.5265 40.4510 42.4745 44.5975 46.8285 Deputy City Clerk 571 6,678 - 8,117 38.5265 40.4510 42.4745 44.5975 46.8285 GIS Analyst 531 6,050 - 7,354 34.9030 36.6466 38.4798 40.4032 42.4243 Information Technology Analyst 531 6,050 - 7,354 34.9030 36.6466 38.4798 40.4032 42.4243 Network & Computer Systems Analyst 550 6,312 - 7,673 36.4198 38.2411 40.1535 42.1601 44.2678 Management Analyst 531 6,050 - 7,354 34.9030 36.6466 38.4798 40.4032 42.4243 Network & Computer Systems Administrator 631 7,744 - 9,413 44.6789 46.9109 49.2574 51.7195 54.3067 Revenue and Operations Supervisor 571 6,678 - 8,117 38.5265 40.4510 42.4745 44.5975 46.8285 Senior Accountant 561 6,515 - 7,919 37.5868 39.4644 41.4385 43.5098 45.6863 Senior Civil Engineer 682 8,871 - 10,782 51.1773 53.7360 56.4230 59.2440 62.2062 Senior Code Compliance Officer 501 5,618 - 6,829 32.4109 34.0300 35.7324 37.5184 39.3952 Senior Fire Safety Inspector 541 6,201 - 7,537 35.7756 37.5628 39.4418 41.4133 43.4849 Senior Human Resources Analyst 571 6,678 - 8,117 38.5265 40.4510 42.4745 44.5975 46.8285 Senior Management Analyst 571 6,678 - 8,117 38.5265 40.4510 42.4745 44.5975 46.8285 Senior Planner 581 6,845 - 8,320 39.4897 41.4623 43.5364 45.7124 47.9992 Special Projects Engineer 571 6,678 - 8,117 38.5265 40.4510 42.4745 44.5975 46.8285 Utilities Administrator 631 7,744 - 9,413 44.6789 46.9109 49.2574 51.7195 54.3067 Water Utilities Distribution Supervisor 640 7,884 - 9,583 45.4833 47.7575 50.1454 52.6527 55.2853 Assistant Engineer 531 6,050 - 7,354 34.9030 36.6466 38.4798 40.4032 42.4243 Assistant Planner 491 5,481 - 6,662 31.6204 33.2000 34.8609 36.6033 38.4343 Code Compliance Officer 461 5,090 - 6,186 29.3627 30.8295 32.3718 33.9898 35.6900 Construction Maintenance Supervisor 501 5,618 - 6,829 32.4109 34.0300 35.7324 37.5184 39.3952 Facilities Maintenance and Special Districts Supervisor 501 5,618 - 6,829 32.4109 34.0300 35.7324 37.5184 39.3952 Fire Safety Inspector 461 5,090 - 6,186 29.3627 30.8295 32.3718 33.9898 35.6900 Fleet Maintenance Supervisor 521 5,902 - 7,174 34.0517 35.7528 37.5413 39.4178 41.3896 Management Assistant 491 5,481 - 6,662 31.6204 33.2000 34.8609 36.6033 38.4343 Parks Maintenance Supervisor 480 5,310 - 6,455 30.6387 32.1708 33.7797 35.4678 37.2409 Senior Accounting Technician 460 5,054 - 6,144 29.1623 30.6206 32.1520 33.7587 35.4464 Utility Systems Supervisor 650 8,081 - 9,822 46.6204 48.9514 51.3990 53.9690 56.6674 Wastewater Utilities Supervisor 620 7,504 - 9,121 43.2917 45.4563 47.7291 50.1156 52.6213 Accounting Technician II 360 3,948 - 4,799 22.7815 23.9206 25.1167 26.3725 27.6911 Administrative Assistant III 331 3,692 - 4,488 21.3002 22.3643 23.4831 24.6570 25.8903 Executive Assistant to the City Manager 451 4,965 - 6,035 28.6465 30.0776 31.5822 33.1608 34.8195 Human Resources Technician I 412 4,498 - 5,468 25.9523 27.2488 28.6119 30.0420 31.5448 Human Resources Technician II 451 4,965 - 6,035 28.6465 30.0776 31.5822 33.1608 34.8195 Senior Administrative Assistant - Confidential 380 4,148 - 5,042 23.9348 25.1318 26.3887 27.7073 29.0926 Step 5 Group 4 Non-Exempt Effective September 20, 2022 Classification Title Group 2A Exempt At-Will Group 2B Exempt Group 3 Non-Exempt Grade Hourly Classification Title Step 1 Step 2 Step 3 Step 4 Approved at a regular meeting of the Poway City Council on 9/20/20228 of 12 September 20, 2022 Item #8 I I I I I I I I I September 20, 2022 Item #8RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE PART-TIME TEMPORARY/SEASONAL WAGE SCHEDULE AND THE NON-SAFETY SALARY SCHEDULE WHEREAS. public agencies are required to publicly adopt and make available salary and wage schedules; WHEREAS, the minimum wage for the State of California increases to $15.50 per hour on January 1, 2023; WHEREAS, the Temporary/Seasonal Wage Schedule adopted by this resolution changes the pay grade for the Dock Attendant and Recreation Leader I classifications from grade 200 to grade 210 with a wage range of $15.7299 to $19.1195, effective January 1, 2023; WHEREAS, the Non-Safety Salary Schedule adopted by this resolution changes the pay grade for Recreation Leader I classification from grade 200 to grade 210 with a wage range of $15. 7299 to $19 .1195, effective January 1 , 2023, a classification for which the City has both part-time seasonal/temporary and regular positions; WHEREAS, the wage schedule sets the wage for the new classification of General Maintenance Worker -Temporary at grade 220, with an hourly wage range of $16.1231 -$19.5978, effective September 20, 2022; and WHEREAS, the wage schedule adopted by this resolution is compliant with the State of California minimum wage requirements in effect as of January 1, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: The Wage Schedule for employees designated as Part-Time Temporary/Seasonal, attached hereto as "Exhibit A," is hereby adopted, effective September 20, 2022. SECTION 3: The Salary Schedule for Non-Safety employees, attached hereto as "Exhibit B," is hereby adopted, effective September 20, 2022. II II II II II 9 of 12 September 20, 2022 Item #8Resolution No. 22-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of September, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 10 of 12 September 20, 2022 Item #8EXHIBIT A City of Poway Part-Time Temporary/Seasonal Wage Schedule Effective September 20, 2022 Classification Title 11>u1pl\41M<1c.i .,.,,, !Grade I Step 1 I Step2 Box Offtce Attendant 260 17.7970 18.6868 Dock Attendat,t 200 15.3462 16.113S Dock Attendant (effective 01101/2013) 210 15.7299 16.5164 Front of House Assistant 260 17.7970 18,6868 General Maintenance Worker I • Temporary 220 16.1231 16.9293 Intern 240 16,9394 17,7863 Lifeguard 240 16,9394 17,7863 Recreation Leader I 200 15.3462 16.1135 Recreation Leader I (effer:t/ve 01101120131 210 15.7299 16.5164 Recreation Leader II 240 16,9394 17.7863 Seasonal Parks Maintenance Worker 220 16.1231 16.9293 Stage Technician 290 19,1653 20.1237 11 of 12 I Step 3 I Step 4 I Step 5 19,6212 20,6022 21,6323 16.9192 17.7651 18.6534 17.3424 18.2092 19.1195 19.6212 20.6022 21.6323 17.7758 18,6646 19.5978 18,6759 19,6093 20.5896 18.6759 19,6093 20.5896 16.9192 17.7651 18.6534 17.3424 18.2092 19.1195 18.6759 19,6093 20.5896 17.7758 18.6646 19.5978 21.1301 22.1861 23.2952 Approved at a regular meeting ol Lhe Poway City Council on 9/2012022 September 20, 2022 Item #8Classlflcatlon Title ,., ,._,1 .. 1 ordOII I Adrnlnlstrat!Ve ASslstant I Administrative Assistant II Administrative Assistant 111 Aquatics Coordinator Box. ornce Coordinator Construction Maintenance Crew Leader Construetlon Maintenance Worker I Construction Maintenance Worker II Contract Speclallst/lnspector Cross-Connection Specialist Customer Services Field Worker Customer Services Technician I Customer Services Technician II Development Services Aide Engineering Inspector Engineering Technician 1 Engineering Technician II Equipment Mechanic Facilities Maintenance Technician I Facilities Maintenance Technician II Front of House Coordinator GIS Technician I GIS Technician II Interpretive Services Coordinator Lead Customer Services Field Worker Lead Engineering Inspector Park Ranger Parks Maintenance Crew Leader Parks Maintenance Worker I Parks Maintenance Worker II Records Technician Recreation Coordinator Recreation Leader I Recreation Leader I (effective 07/0112023/ Senior Administrative Assistant Senior Equipment Mechanic Senior Facllltles Maintenance Technician Senior Park Ranger Senior Utility Systems Mechanic Senior Utility Systems Technician Stormwater Ma Int & Const Worker I Stormwater Malnt. & Const. Worker II Technical Theater Coordinator Utility Systems Mechanic Utility Systems Technician Warehouse Associate Wastewater Utilities Crew Leader wastewater Utilities worker I Wastell(ater Utllltles Wor~er II Water Treatment Plant Lead Operator Water Treatment Plant Operator I Water Treatment Plant Operator II Water Treatment Plant Operator Ill Water Utilities Crevv Leader Water Utilities Worker I Water Utilities worker II 12 of 12 EXHIBIT B City of Poway Non-Safety Salary Schedule Effective September 20, 2022 Grade I Appro~. I Step 1 I Salary ~ange 240 2,936 · 3,569 16.9394 270 3,162 • 3,843 18.2419 330 3,667 • 4,457 21.1549 320 3.Sn-4.348 20.6389 320 3,577 ·4,348 20.6389 390 4,252 • s. 169 24.5332 290 3.322 · 4.038 19.1653 330 3,667 • 4.457 21.1549 460 s.oss • 6, 144 29.1623 500 5,580 • 6,782 32.189B 430 4,694 · 5,705 27.0801 291 3,326 • 4,043 19.1880 332 3,695 · 4.492 21.3'01 240 2,936 · 3,569 16.9394 470 5,181 • 6,298 29.8914 430 4,694 • 5,705 27.0801 470 5,181 · 6,298 29.8914 400 4,359 • 5,298 2.5.1465 330 3,667 • 4.457 21.1549 370 4,048 • 4,920 23.3510 320 3,577 • 4,348 20.6389 430 4,694 • 5. 705 27.0801 470 5,181 • 6,298 29.8914 320 3,577 • 4,348 20.6389 470 5.181-6,298 29.8914 550 6,313 • 7,673 36.4198 270 3161-3,843 18.2419 390 4.252 • 5.169 24.5332 290 3.322 • 4,038 19.1653 330 3,667 • 4,457 21.1549 350 3,852 • 4,683 22.2259 320 3,577 • 4,348 20,6389 200 2.660 • 3,233 15.3462 210 2,726-3,314 15.7299 370 4,048 -4,920 23.3510 452 4,980 • 6,053 28.7288 430 4,694 -5, 705 27,0801 290 3,322 • 4,038 19.1653 560 6,471 • 7,865 37.3303 580 6,798 -8.263 39.2201 290 3,322 • 4,03B 19.1653 330 3,667 -4.457 21.1549 320 3,577 • 4,348 20.6389 520 5.862-7.125 33.8194 520 5,862 · 7,125 33.8194 370 4,048 -4,920 23.3510 500 5,580 -6,782 32.1898 390 4,252 • s, 169 24,5332 430 4,694 · 5,705 27.0801 610 7,320 • 8,898 42.2358 420 4,579 • S,566 26.4196 470 5. 181 · 6.298 29.8914 520 5,862-7,125 33.8194 520 5,862 • 7,125 33.8194 400 4,359 • 5,298 25.1465 430 4,694 • 5,705 27,0801 Step 2 I 17.7863 19.1540 n.2129 21.6711 21.6711 25.7601 20.1237 22.2129 30.6206 33.7993 28.4343 20,14'17 22,3861 17.7863 31.3861 28.4343 31.3861 26.4041 22.2129 24.5188 21.6711 28.4343 31.3861 21.6711 :!1 .3861 ;38.2411 19.1540 25,7601 20.1237 22.2129 23.3374 21.6711 16.1135 16.5164 24.5188 30.1652 28.4343 20.1237 39.1968 41.1811 20.1237 22.2129 21.6711 35.5106 35.5106 24.5188 33.7993 25.7601 28.4343 44.3476 27.7406 31.3861 35.5106 35.5106 26.4041 28.4343 Step 3 I Step 4 I Step 5 18.6759 19.6093 20.5896 20.1119 21.1171 22.1727 23,3238 24.4893 26.7136 22.7549 23.8920 25.0864 22.7549 23.8920 25.0864 27.0484 28.4000 29.8199 21.1301 22.1861 23.2952 23.3238 24.4893 25,7136 32.1520 33.7587 35.4464 35.4892 37.2637 39.1269 29.8563 31.3483 32.9155 21.1548 22.2126 23.3231 23.5055 24.6808 25.9147 18.6759 19.6093 20.5896 32.9558 34.6027 36.3326 29.8563 31.3483 32.9155 32.9558 34.6027 36.3326 27.7246 29.1100 30.5654 23.3238 24.4899 25.7136 25.7451 27.0315 28.3830 22.7549 2).8920 25.0864 29.8563 31.3483 32.9155 32.9558 34.6027 36.3326 22.7549 23.8920 25.0864 32.9558 34.6027 36.3326 40.1535 42.1601 44.2678 20.1119 21.1171 22.1727 27.0484 28.4000 29.8199 21.1301 22.1861 23.2952 23.3238 24.4893 25.7136 24.5046 25.7290 27.0153 22.7549 23.8920 25.0864 16.9192 17.7651 18.6534 17.3424 18.2092 19.1150 25,7451 27.0315 28.3830 31.6734 33.2.571 34.9200 29.8563 31.3483 32.9155 21.1301 22.1861 23.2952 41.1567 43.2145 45.3752 43.2402 45.4022 47.6723 21.1301 22.1861 23.2952 23.3238 24.4893 25.7136 22.7549 23.8920 25.0864 37.2864 39.1499 41.1070 37.2864 39.1499 41. 1070 25.7451 27.0315 28.3830 35.4892 37.2637 39.1269 27.0484 28.4000 29.8199 19.8563 31.3483 32.9155 46.5650 48.8932 51.3379 29.1276 30.5840 32.1132 32.9558 34.6027 36.3326 37.2864 39.1499 41.1070 37.2864 39.1499 41.1070 27.7246 29.1100 30.5654 29.8563 31.3483 32.9155 Approvved al a regulor meeting of the Poway City Council on 9/20/2022