AGENDA Poway City Council
Co unc il Ch amber I 13325 Civic Center D rive I Poway , CA I 92064 October 15, 2024 I 7 p.m.
Thank you for participating in your local government and the City of Poway Council meetings.
Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public.
Public Meeting Access I Members of the public may attend the City Council meeting in person, or watch the City Council meeting live online. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.
Speakers I Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item . All comments will be limited to three (3) minutes. Per the Poway Municipal Code, the speaking time may be reduced.
To Watch Live:
www.poway.org/councilmeetings
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/list.aspx to receive email notifications when City Council agendas are published on line. Items listed on the agenda with a"#" symbol are in preparation.
PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting.
American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting.
Steve Vaus
Mayor
Caylin Frank
Deput y Mayor
Peter De Hoff
Councilmember
Anita Edmondson
Councilmember
Brian Pepin
Council member
Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.
The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION: None
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.
Per the Poway Municipal Code, the speaking time may be reduced. Speakers have one opportunity to address the Council under Public Comment.
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion.
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the July 16, 2024, and August 6, 2024 Regular City Council Meeting Minutes
3. Adoption of the 2025 City Council Meeting Calendar
4. Award of Agreement to Brian Cox Mechanical, Inc. for Public Facilities Renovation HVAC Replacement at City Hall Server Room
5. Award of Agreement to NBS Government Financial Group dba NBS for Annual Levy Process for Special Districts and Fire Protection Special Tax; RFP No. 25-003
6. Changes to the City of Poway Position Classification Plan, Part-Time Temporary/Seasonal Wage Schedule, and Non-Safety Salary Schedule and Authorization to Establish a Differential for Specific Part-Time Temporary/Seasonal Employees
ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS: None
2 of 3 Regular City Council Meeting October 15, 2024
STAFF REPORTS:
7. Set Public Hearing for Proposed San Diego County Water Authority Pass-Through Water Rates for 2025 Implementation
City Manager's Recommendation: It is recommended the City Council direct staff to set the public hearing for December 3, 2024 and proceed with the Proposition 218 process which includes mailing the notice of public hearing to ratepayers pursuant to California law for this proposed wholesale pass-through water rate adjustment.
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - {G.C. 53232(d)) CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: None
ADIOURNMENT:
State of California
County of San Diego
)
) ss.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway hereby declare under penalty of perjury that this notice of a Regular meeting as called by the City Council of the City of Poway was posted and provided on October 8, 2024.
Said meeting to be held at 7:00 p.m., October 15, 2024, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. ck,~~
Carrie Gallagher, CMC, City Clerk
3 of 3 Regular City Council Meeting October 15, 2024
AGENDA RE PO RT City of Poway
DATE:
TO:
FROM:
October 15, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or cgallagher@poway .org
CITY COUNCIL
SUBJECT: Approval of the July 16, 2024, and August 6, 2024 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• July 16, 2024 Regular City Council Meeting Minutes
• August 6, 2024 Regular City Council Meeting Minutes
The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.
Recommended Action:
It is recommended the City Council approve the July 16, 2024, and August 6, 2024 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A July 16, 2024 Regular City Council Meeting Minutes
B. August 6, 2024 Regular City Council Meeting Minutes
Reviewed/Approved By:
w~~
Assistant City Manager
1 of 16
Reviewed By:
Alan Fenstermacher
City Attorney
October 1 s. 2024, Item #2
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
July 16, 2024
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER:
Mayor Vaus called the Regular Meeting to order at 7:00 p.m.
ROLL CALL:
Present Brian Pepin, Peter De Hoff, Anita Edmondson, Caylin Frank, Steve Vaus STAFF MEMBERS PRESENT:
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Julie Procopio; Interim Director of Finance Brad Rosen; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain Claudia Delgado, 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 Frank led the Pledge of Allegiance.
Mayor Vaus read a letter written by Allyson Comperatore, daughter of Corey Comperatore, attendee killed at Butler PA rally.
MOMENT OF SILENCE:
Mayor Vaus led a moment of silence.
At the direction of Mayor Vaus, reordering of the agenda occurred to hear Item #20, Council Initiated Item - Opposition to Sexually Violent Predator (SVP) Placement in Poway.
Mayor Vaus presented the item, noting the Department of State Hospitals (DSH) had withdrawn its recommendation to place the SVP in Poway.
2 of 16 ATTACHMENT A October 15, 2024, Item #2
City of Poway - Minutes - July 16, 2024
Public Comment:
Yuri Bohlen spoke in support of the item and voiced opposition to the placement of the SVP in Poway.
End of Public Comment.
Council discussion ensued. Deputy Mayor Frank expressed gratitude for residents' support and Mayor Vaus' leadership in the opposition to the placement of the SVP in Poway.
No action was taken on this item due to DSH withdrawing their recommended placement of the SVP.
PRESENTATIONS:
None.
PUBLIC COMMENT:
Greg Payne requested Council amend the Specific Plan to allow live music in Old Poway Park and at small businesses in the area.
Mark Claussen requested Council amend the Specific Plan to allow live music at small businesses in the vicinity of Old Poway Park.
Yuri Bohlen voiced his appreciation for the City's continued Fourth of July fire work shows.
Colleen Spinar spoke in support of live music at business near Old Poway Park, and voiced opposition against requiring permits to do so.
CONSENT CALENDAR:
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to approve Consent Calendar Items 1 through 7. Motion carried 510 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Pepin, De Hoff, Edmondson, Frank, 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 7, 2024 Regular City Council Meeting Minutes
3. Award of Agreement to Yunex LLC, OBA Yunex Traffic for Traffic Signal Maintenance and Emergency Repair Services; RFP No. 24-024
4. Resolution No. 24-040 Authorizing the Acceptance of the 2023 State Homeland Security Grant Program Funds
3 of 16 October 15, 2024, Item #2
City of Poway - Minutes - July 16, 2024
5. Approval of Agreement with the San Diego Humane Society for Animal Services Mayor Vaus noted a large number of correspondences in opposition to the item having been submitted to the City in advance of the meeting. Mayor Vaus stated the City takes the concerns seriously however due to the limited number of animal service providers in Poway, the City has no other options at this time.
6. Second Extension of the Fiscal Year 2024-25 Citywide Striping Project Contract with Statewide Stripes, Inc., Bid No. 22-012, Appropriation of Additional Funds, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
7. Award of Contract to AOS Inc., dba Superior Roofing for the Poway Center for the Performing Arts Roof Replacement Project, Bid No. 24-009, and Determination the Project is Categorically Exempt from the California Environmental Quality Act ORDINANCES FOR INTRODUCTION:
None.
PUBLIC HEARINGS:
8. Variance (VAR) 24-0001; a Request to Allow an Accessory Dwelling Unit (ADU) to Observe a Reduced Front Yard Setback on Property Located at 14906 Espola Road APN: 321-020-40 Mayor Vaus opened the Public Hearing at 7:17 p.m.
City Planner Stan Donn presented the item along with a PowerPoint presentation. He showed an aerial view of the project site including the location of the proposed ADU and provided the proposed site plan. Mr. Donn stated, upon review of the building permit application for construction of the ADU, staff determined the proposed location encroached approximately 5'8" into the front yard setback. Mr. Donn explained the eastern property line abuts Espola Road and is constrained by a right-of-way easement granted to the City, which has been utilized for access as part of the Espola Road Pedestrian Safety Improvement project, which encroaches into the subject property.
Mr. Donn cited Section 17.50.070 of the Poway Municipal Code which establishes findings required for granting a Variance. He noted the special circumstances due to the right-of-way easement, depriving the property of privileges enjoyed by other surrounding properties. The development of the site is considerably constrained, limiting the full use of the property, and if the 12-foot easement for the Espola Road Pedestrian Safety Improvement project did not exist, the ADU would meet the front yard setback.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:20 p.m.
4 of 16 October 15, 2024, Item #2
City of Poway - Minutes - July 16, 2024
Council discussion ensued. Council commented on the purpose of a Variance and the importance of protecting property rights.
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 24-041 entitled "A Resolution of The City Council of The City of Poway, California, Approving Variance 24-0001 to Allow an Accessory Dwelling Unit to Observe a Reduced Front Yard Setback (Assessor's Parcel Number 321-020-40)." Motion carried unanimously.
9.- 15. 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 9 through 15 at 7:22 p.m.
Senior Management Analyst Danielle McIntosh presented the report along with a PowerPoint presentation for Items 9 through 15. She explained the Public Hearing is to consider approval of the annual levy to collect assessments for the City of Poway's six (6) Landscape Maintenance Districts (LMD) and Poway Lighting District (PLO) in accordance with the Landscape and Lighting Act of 1972 and Proposition 218. Ms. McIntosh stated the assessment rates and service levels for Fiscal Year 2024-25 are proposed to remain unchanged from Fiscal Year 2023-24 with the exceptions of LMD 86-28 and LMD 86-38, which will increase by the annual change in CPI at 5.11%, and LMD 19-1 including a 3% inflator cap on the annual change in CPI and will increase by 3%. The landscape maintenance service levels for each LMD will remain at their current level.
Ms. McIntosh stated the PLO has three zones and noted assessments from Zone A and 8 fund street lighting throughout the City and assessments from Zone C fund maintenance and operation of traffic signals, flashing beacons and related equipment. FY 2024-25 assessment rates for the PLO are to remain unchanged at the FY 2023-24 rates for all three zones.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing for Items 9 through 15 at 7:24 p.m.
9. Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25 Motioned by Councilmember De Hoff, seconded by Councilmember Pepin to adopt Resolution No. 24-042 entitled "A Resolution of The City Council of The City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-
25." Motion carried unanimously.
10. Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25 Motioned by Councilmember De Hoff, seconded by Councilmember Pepin to adopt Resolution No. 24-043 entitled "A Resolution of The City Council of The City of Poway, 5 of 16 October 15, 2024, Item #2
City of Poway - Minutes - July 16, 2024
California, Establishing Assessments for Poway Landscape Maintenance District No. 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-
25." Motion carried unanimously.
11 . Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25 Motioned by Councilmember De Hoff, seconded by Councilmember Pepin to adopt Resolution No. 24-044 entitled "A Resolution of The City Council of The City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-
25." Motion carried unanimously.
12. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-2 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25 Motioned by Councilmember De Hoff, seconded by Councilmember Pepin to adopt Resolution No. 24-045 entitled "A Resolution of The City Council of The City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 86-2 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-
25." Motion carried unanimously.
13. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-3 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25 Motioned by Councilmember De Hoff, seconded by Councilmember Pepin to adopt Resolution No. 24-046 entitled "A Resolution of The City Council of The City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 86-3 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-
25." Motion carried unanimously.
14. Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25 Motioned by Councilmember De Hoff, seconded by Councilmember Pepin to adopt Resolution No. 24-047 entitled "A Resolution of The City Council of The City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 87-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-
25." Motion carried unanimously.
15. Resolution Establishing Assessments for Poway Lighting District to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25
Motioned by Councilmember De Hoff, seconded by Councilmember Pepin to adopt Resolution No. 24-048 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 2024-25." Motion carried unanimously.
16. Resolution Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll for Fiscal Year 2024-25
Mayor Vaus opened the Public Hearing at 7:25 p.m.
6 of 16 October 15, 2024, Item #2
City of Poway- Minutes - July 16, 2024
Finance Manager Mehrnoush Jamshidi presented the item. She stated, the City must renew its Fire Protection Special Tax as required by the County of San Diego to be placed on the property Tax Roll. Ms. Jamshidi noted the tax was originally approved by an 84% vote of the people back in 1997. She added the tax can only be spent on fire protection including personnel and equipment , she provided calculation methodologies and explained the amount to be collected hasn't changed since its adoption which remains at $3.12 per point.
Ms. Jamshidi added the estimated total tax to be collected is $648,000. She noted in FY 1997- 98 when this Special Tax was approved, the Fire Department budget was $3.2 million, and the revenue from this Special Tax was $535,000 or 17% of the budget. For FY 2024-25, the Fire Department budget is $16 million, and only 4% of that is covered by this Special Tax.
She concluded by stating approval of the item would authorize collection of up to $700,000 which would ensure the authorized amount will not be exceeded if further additions to the property tax roll are made.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:27 p.m.
Motioned by Councilmember Edmondson, seconded by Councilmember De Hoff to adopt Resolution No. 24-049 entitled "A Resolution of The City Council of The City of Poway, California, Renewing the Fire Protection Special Tax to be Collected on the Property Tax Rolls for Fiscal Year 2024-25." Motion carried unanimously.
17. 2023 Weed and Nuisance Abatement Charges to be Collected on the County of San Diego Tax Assessor's Roll for Fiscal Year (FY) 2024-2025
Mayor Vaus opened the Public Hearing at 7:28 p.m.
Senior Code Compliance Officer Vianey Rivera presented the item. Ms. Rivera described the Weed Abatement Program and explained Council action will allow the cost of the abatement to be placed on next year's Tax Roll. She added the City sent out 248 notices to private property owners, and only had to periorm weed abatement on 22 of those properties. She noted eight of the properties have already paid their invoices therefore 14 properties will have the abatement costs added to their property tax bill for next year.
Ms. Rivera explained the assessment includes the cost of the abatement work plus a $175 administrative fee according to the City's Master Fee Schedule. She added the work is to be completed by a City contractor and will be placed on the County tax rolls for collection .
Public Comment:
Stuart Loui spoke in opposition to the Special Tax on behalf of River Christian Fellowship of North County San Diego following request of clarification of work completed on their property.
End of Public Comment .
7 of 16 October 15, 2024, Item #2
City of Poway- Minutes - July 16, 2024
Mayor Vaus closed the Public Hearing at 7:32 p.m.
Motioned by Mayor Vaus, seconded by Councilmember De Hoff to adopt Resolution No. 24-050 entitled "A Resolution of The City Council of The City of Poway, California, Approving the 2023 Weed and Nuisance Abatement Charges to be Collected on the County of San Diego Tax Assessor's Roll for Fiscal Year 2024-2025." Motion carried unanimously.
18. Specific Plan Amendment (SPA) 22-0001, Development Review (DR) 22-0002 and Conditional Use Permit (CUP) 22-0004, to Allow the Construction of a 30,500 Square Foot Recreational Club with Outdoor Fitness Uses, Restaurant, Alcohol Sales, Small Supportive Retail including Spa and Lighted Recreational Courts; Approve an Addendum to the Farm In Poway Specific Plan Final Environmental Impact Report (FEIR) (EA) 19-001 Mayor Vaus opened the Public Hearing at 7:34 p.m.
City Planner Stan Donn presented the item along with a PowerPoint presentation. Mr. Donn provided background on The Farm in Poway project, noting the Specific Plan's (SP) approval by Poway voters in November 2020. The approved SP designates the land use of the parcel where the proposed Life Time Project (Project) would be located as Open-Space Recreation (OS-R), which permits and expressly contemplates a membership based gym along with other fitness and recreational activities, including recreational courts. The proposed Project is planned as a fitness center combined with other recreational facility amenities. He identified common features within The Farm development, explaining the transportation network and trail systems are intended to serve a mix of uses, and the project site was designed for indoor and outdoor recreational programming.
Mr. Donn provided the proposed architectural renderings, noting the farmhouse and modern agrarian design is consistent with The Farm architectural design guidelines. The applicant proposes to increase the allowable nonresidential building area in the Farm SP, which adds approximately 23,700 square feet to their proposal.
Staff evaluated the proposed project and determined it does not meet the criteria for a Minor Modification because the Project results in an increase in traffic and development intensity, therefore a Specific Plan Amendment (SPA) is required per the adopted SP, and as set forth in the SP, a city-wide Proposition FF vote is required to approve the SPA. The SPA was evaluated in comparison to the original SP traffic impact analysis by a registered traffic engineer. Mr. Donn discussed evaluation and preparation methodologies . He summarized the findings which concluded no additional significant impacts or severity of impacts, and no requirements for new or additional mitigation measures.
A Pre-Development Conference was held in March 2023 and a neighborhood meeting held in November 2023, where the applicant provided an open house forum to review the project.
The applicant's proposal has been revised to address concerns raised during these meetings.
Based on community feedback, walls and fences of varying heights and materials are proposed for screening and noise buffering.
Mr. Donn discussed the acoustical analysis and exterior lighting requirements for the project.
He added the project will not exceed a Community Noise Equivalent Level consistent with the SP requirements, and exterior light levels comply with the City's dark sky requirements. In addition, extended measures are in place to ensure minimal noise and light disruption during non-operational hours. Mr. Donn elaborated on the findings of the peak parking demand 8 of 16 October 15, 2024, Item #2
City of Poway - Minutes - July 16, 2024
analysis. The project will provide 246 parking spaces, exceeding the minimum parking requirement.
Mr. Donn provided an overview of the overlay district. The overlay district mirrors the existing allowable uses, conditionally permitted uses, and unallowable uses.
The addendum to the 2020 Farm Environmental Impact Report (EIR) determined that the proposed project modifications are not anticipated to result in any new significant environmental effects or an increased severity of previously identified significant effects in the EIR, nor are any other conditions that would allow or require the preparation of a supplemental or subsequent EIR present, such as changed circumstances or new information of substantial importance. However, an increase in traffic and intensity warrants an amendment to the Specific Plan and if approved by the City Council, per the adopted SP would require ratification by the Poway voters through a Proposition FF vote. These increases do not result in new or increased significant impacts under CEQA.
Speaking on behalf of the applicant, Life Time Senior Development Manager Stephanie Griffin discussed Life Time's programming and amenities, provided additional background on the site plan, and provided a fly-through rendering of the proposed project.
Public Comment:
The following individuals spoke in opposition to Item #18:
Alison Bell
Chris Prine
Steven Stone, on behalf of the Green Valley Civic Association Henry Schrik
Nick Carruthers, on behalf of Poway Voices
Ray Jalisi
Heather Jalisi
Eric Weller, on behalf of Poway Voices
Vanessa Springett
Randy Middlebrook
Dale Davis
The following written comments were submitted in opposition to Item #18:
Karen Podvin
Deborah Schneider
Mary Ellen Ambrose
Jim Ambrose
Carl Browning
Neil Schneider
Lynn Davis
Esta Browning
Jana Johnson
Chris Cruse
The following individuals spoke in support of Item #18:
Sterling Miles
9 of 16 October 15, 2024, Item #2
City of Poway - Minutes - July 16, 2024
Carl Rossi
The following individual spoke neutrally about Item #18:
Yuri Bohlen
End of Public Comment.
Mayor Vaus closed the Public Hearing at 8:39 p.m.
Council discussion ensued. Councilmember Edmondson shared her concerns over the proposed modifications, objecting to changes in the size, scope, and intention of the original SP. Council responded positively to the project design, noting significant changes were implemented due to City Council, staff, and community feedback . Council discussed Proposition FF and the different mechanisms to place a Proposition FF item on the ballot. The City Council discussed the hours of operation and the amount of allotted parking spaces. They noted the public's feedback in response to the project. Council explained the SP provides criteria for what constitutes a major or minor modification to the SP and major modifications require voter approval. Thus, a vote of the City Council to approve the SPA and refer the issue to the ballot is not a Council endorsement for the Life Time project, rather a desire to allow Poway voters to decide whether or not to approve the SPA.
Responding to Council questions, Jon Collins, Traffic Engineer with Kimley-Horn Engineering, the City's contract traffic engineering consultants, discussed in detail the methodologies and findings of the Life Time traffic impact analysis.
City Attorney Alan Fenstermacher noted the applicant (Life Time) agreed to reimburse the City for all costs related to the ballot measure .
As requested by the Mayor, City Clerk Gallagher titled the Ordinance .
Ayes:
Noes:
Abstained:
Absent:
Pepin, De Hoff, Frank, Vaus
Edmondson
None
None
Disqualified: None
Motioned
by Councilmember De Hoff, seconded by Deputy Mayor Frank to: introduce Ordinance No. 870 entitled "An Ordinance of the City Council of the City of Poway, California, Approving Specific Plan Amendment 22-0001 to The Farm In Poway Specific Plan to Allow the Construction of a Recreational Fitness Club on a 6.87-Acres Site; Assessor's Parcel Number 273-932-25-00" waive further reading and schedule adoption of the Ordinance for August 6, 2024; adopt Resolution No. 24-051 entitled "A Resolution of The City Council of The City of Poway, California, Approving an Addendum to The Farm In Poway Specific Plan (TFIPSP) Environmental Impact Report (EIR) Analyzing the Potential Impacts of Specific Plan Amendment (SPA) 22-0001, Development Review (DR) 22-0001, and Conditional Use Permit (CUP) 22-0004 to Allow the Construction of a Recreational Fitness Club; Assessor's Parcel Number 273-932- 25-00;" and adopt Resolution No. 24-052 entitled "A Resolution of The City Council of The City of Poway, California, Approving Conditional Use Permit (CUP) 22-0004 and Development Review (DR) 22-0002, a Modification of CUP 19-005 and DR 19-001, to 10 of 16 October 15, 2024, Item #2
City of Poway - Minutes - July 16, 2024
Allow the Construction of a Recreational Fitness Club on a 6.87-Acres Site; Assessor's Parcel Number 273-932-25-00." Motion carried 4-1 (No: Edmondson) STAFF REPORTS:
19. Consideration of Placing a Measure on the November 5, 2024 General Municipal Election Ballot which would amend The Farm in Poway Specific Plan to allow development of a 30,500 square-foot Recreational Fitness Club with outdoor fitness uses, lighted recreational courts, two swimming pools, fitness center, cafe with bar, alcohol sales, a day spa, small supportive retail, and parking on 6.87 acres; Direct the City Attorney to Prepare an Impartial Analysis; Adopt Resolutions Authorizing the City Council to file Written Arguments; and Provide for Filing of Rebuttal Arguments
City Attorney Alan Fenstermacher presented the item. Mr. Fenstermacher described the item as a procedural step after the approval of Specific Plan Amendment (SPA) 22-0001, Development Review (DR) 22-0002, and Conditional Use Permit (CUP) 22-0004. He noted SPA 22-0001 will need to be placed on the ballot for the November 5, 2024 General Municipal Election, and will not be effective without voter approval.
Mr. Fenstermacher explained the Resolutions are being placed on the ballot because the City determined the SPA does not qualify as a Minor Modification given the increase in non residential square footage as well as other changes to the Specific Plan. He noted the Resolutions would put the measure on the ballot, direct the City Attorney to prepare the Impartial Analysis and set priorities for written arguments, and allow for the filing of rebuttal arguments.
Public Comment:
Eric Weller, on behalf of Poway Voices, spoke in opposition to Item #19.
Yuri Bohlen spoke neutrally on Item #19.
The following written comments were Sl!bmitted in opposition to Item #19:
Dale Davis
Mary Ellen Ambrose
Jim Ambrose
Jana Johnson
Chris Cruse
End of Public Comment .
Motioned by Councilmember De Hoff, seconded by Councilmember Pepin to adopt Resolution No. 24-053 entitled "A Resolution of The City Council of The City of Poway, California, Ordering the Submission to the Qualified Electors of the City of Poway a Certain Measure Relating to The Farm In Poway Specific Plan Amendment on the General Election to be held on Tuesday, November 5, 2024," Resolution No. 24-054 entitled "A Resolution of The City Council of The City of Poway, California, Setting Priorities for Filing Written Arguments Regarding a City Measure Pertaining to The Farm In Poway Specific Plan Amendment and Directing the City Attorney to Prepare an Impartial Analysis," and Resolution No. 24-055 entitled "A Resolution of The City Council of The City of Poway, California, Setting Priorities for Filing of Rebuttal 11 of 16 October 15, 2024, Item #2
City of Poway - Minutes - July 16, 2024
Arguments Regarding a City Measure Pertaining to The Farm In Poway Specific Plan Amendment that will be Submitted at the November 5, 2024 General Municipal Election." Motion carried unanimously.
WORKSHOPS:
None.
COUNCIL-INITIATED ITEMS:
None.
CITY MANAGER ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Councilmember De Hoff provided date, time and location for the upcoming "Picnic with the Fire Chief' event sponsored by the Poway Neighborhood Emergency Corps (PNEC) and encouraged attendance.
Mayor Vaus thanked residents for their opposition to the placement of a Sexual Violent Predator (SVP) in the City of Poway.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.
CLOSED SESSION:
None.
ADJOURNMENT:
The meeting was adjourned at 9:39 p.m.
12 of 16
Carrie Gallagher, CMC
City Clerk
City of Poway, California
October 15, 2024, Item #2
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
August 6, 2024
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER:
Mayor Vaus called the Regular Meeting to order at 7:00 p.m.
ROLL CALL:
Present: Brian Pepin, Anita Edmondson, Caylin Frank, Steve Vaus
Absent: Peter De Hoff
STAFF MEMBERS PRESENT:
City Manager Chris Hazeltine; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Julie Procopio; Interim Director of Finance Brad Rosen; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Fire Chief Jeff Chumbley; Captain Claudia Delgado, Sheriffs 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 Frank led the Pledge of Allegiance .
MOMENT OF SILENCE:
Mayor Vaus led a moment of silence.
PRESENTATIONS:
E-Bike Safety
School Resource Officer Deputy Marshall Abbott presented the item along with a PowerPoint presentation . Deputy Abbott discussed various classifications of e-Bikes, e-Bike related laws, and provided safety tips for riders. He discussed a new registration system for bikes in Poway Unified 13 of 16 ATTACHMENT B October 15, 2024, Item #2
City of Poway - Minutes - August 6, 2024
School District (PUSD), in collaboration with the city of San Diego's school resource officers. The program will include 12 classes, with six (6) before th,e start of the school year and the remaining six (6) after the Christmas holiday, each lasting approximately 45 minutes. Students will receive a sticker and a serial number for their bikes, which will be registered to identify ownership. PUSD will have a system to track bikes, with consequences for unregistered ones, such as warnings, detention , or suspension. The initiative aims to facilitate students riding bikes to school safely.
Council discussion ensued regarding educating the community on the City's specific e-Bike laws including enforcement, passenger requirements, accessibility to trails and safety around vehicles , pedestrians and animals.
PUBLIC COMMENT:
The following spoke on behalf of United Sovereign Americans regarding elections:
Leza Hutchinson
Susan Kennedy
Stephanie Payan
Jackie Zoellick
Ann Matchinske
William King commented on the condition of the storm drain channels in Poway and inquired on the status of the Hazardous Tree Removal Mitigation Grant project.
CONSENT CALENDAR:
Motioned by Mayor Vaus, seconded by Councilmember Pepin to approve Consent Calendar Items 1, 2, and 4 through 7. Motion carried 4/0/1 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Pepin, Edmondson, Frank, Vaus
None
None
De Hoff
None
Motioned by Mayor Vaus, seconded by Councilmember Pepin to approve Consent Calendar Item 3. Motion carried 3/1/1 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Pepin, Frank, Vaus
Edmondson
None
De Hoff
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the June 4, 2024 Regular City Council Meeting Minutes
3. Second Reading and Adoption of Ordinance No. 870 entitled "An Ordinance of the City Council of the City of Poway, California, Approving Specific Plan Amendment 22-0001 to The Farm in Poway Specific Plan to Allow the Construction of a Recreational Fitness Club 14 of 16 October 15, 2024, Item #2
City of Poway - Minutes - August 6, 2024
on a 6.87-Acres Site; Assessor's Parcel Number 273-932-25-00"
4. Resolution No. 24-056 Acknowledging Receipt of Fiscal Year 2023-24 Fire and Life Safety Inspection Report
5. Award of Agreement to Superior Gate Services for Automatic Gate Inspection, Maintenance and Repair Services; RFP No. 24-028
6. Resolution No. 24-057 Authorizing to Purchase One (1) Medium-Duty Cab and Chassis and One (1) Light-Duty Pickup Truck Utilizing California Department of General Services State Contract #1-22-23-20F
7. Resolution No. 24-058 Authorizing the Acceptance of Grant Funding Through the Federal Emergency Management Agency Assistance to Firefighters Grant Program ORDINANCES FOR INTRODUCTION:
None.
PUBLIC HEARINGS:
None.
STAFF REPORTS:
None.
WORKSHOPS:
None.
COUNCIL-INITIATED ITEMS:
None.
CITY MANAGER ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Deputy Mayor Frank provided an update on the San Diego Board Association of Governments (SAN DAG) meeting which included a proposal to potentially amendment the Trans Net Ordinance to allow for the allocation for previously approved funds to be used for purposes other than originally intended.
Mayor Vaus provided context on the TransNet Ordinance including fund uses approved in the original voter initiative.
15 of 16 October 1 s. 2024, Item #2
City of Poway - Minutes - August 6, 2024
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.
CLOSED SESSION:
None.
ADJOURNMENT:
The meeting was adjourned at 7:36 p.m.
16 of 16
Carrie Gallagher, CMC
City Clerk
City of Poway, California
October 15, 2024, Item #2
1 of 3
October 15, 2024, Item #3
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
SUBJECT:
Summary
October 15, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk J_/r-
(858) 668-4535 or cgallagher@~o'Uay.org
Adoption of the 2025 City Council Meeting Calendar
City Council to consider and adopt the Meeting Calendar for 2025.
Recommended Action:
It is recommended the City Council adopt the Calendar as submitted.
Discussion:
CITY COUNCIL
Pursuant to Section 2.18.040 of the Poway Municipal Code, unless cancelled, the City Council shall hold regular meetings in the Council Chambers of City Hall, 13325 Civic Center Drive, on the first and third Tuesday of each month at 7:00 pm. Staff recommends the 2025 Council Meeting Calendar be modified as follows:
• Cancel the January 7, 2025 regular meeting due to the holiday schedule's impact on agenda preparation.
• Cancel the September 2, 2025 regular meeting due to historical precedence.
Special Meetings and Workshops may be added to the Council Meeting schedule during the year on an as needed basis.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
Public Notification:
2 of 3
October 15, 2024, Item #3
None. Attachments: A.
Proposed
2025
City
Council
Meeting
Calendar
Reviewed/Approved
By
:
w
~,b
se
~
-an __
_
Assistant
City
Manager
Reviewed
By:
Alan
Fenstermacher
City
Attorney
cMsHazeltine City
Manager
3 of 3
October 15, 2024, Item #3
ATTACHMENT A
January
February
March
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June
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August
September
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31 30
_J
7 p
.m.
City
Council
Meeting
, 13325
Civic
Center
Drive
■
City
Holiday
City
Offices
Closed
_J
Staff
Proposed
Change
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
October 15, 2024
Honorable Mayor and Members of the City co.~cil
Eric Heidemann, Director of Public Works '1
Michael Obermiller, Public Works Operations Mana~
(858) 668-4722 or [email protected] ~
CITY COUNCIL
Award of Agreement to Brian Cox Mechanical, Inc. for Public Facilities Renovation HVAC Replacement at City Hall Server Room
An informal request for proposals for Public Facilities Renovation HVAC Replacement at City Hall Server Room was requested on May 10, 2024, by the City of Poway (City). Bids for the project were solicited directly from a pre-approved list of contractors under California Uniform Public Construction Cost Accounting Act (CUPCCAA) for public works projects under $200,000. City staff (staff) contacted CUPCCAA registered companies to provide proposals for HVAC Replacement at City Hall Server Room.
Three (3) proposals were received and reviewed by staff. Staff determined Brian Cox Mechanical, Inc. (Brian Cox Mechanical) to be qualified to provide these services to the City.
Recommended Action:
It is recommended City Council award the Agreement for Public Facilities Renovation HVAC Replacement at City Hall Server Room to Brian Cox Mechanical, Inc. in the amount of $191,391 and authorize the City Manager to execute the necessary documents.
Discussion:
As part of the annual budget process, funds are allocated for capital projects through the Capital Improvement Program (CIP) for investment in City infrastructure, including City facilities. During the Fiscal Year (FY) 2023-24 budget process, funds were allocated to Public Facilities Renovation HVAC Replacement (MN041 ). It was determined a portion of the funds would be utilized for HVAC replacement at the City Hall server room.
The HVAC units in the main server room at City Hall have reached the end of their useful life and require replacement. The proposed project involves replacing two (2) HVAC units exclusively servicing the City's main server room. Proactively replacing the units will avoid potential server crashes and interrupted service caused by overheating.
1 of 19
October 15, 2024, Item #4
The table below provides details on the proposals received for this work.
Vendor Proposal
Brian Cox Mechanical, Inc. $191,391
Southwest Mechanical Services, Inc. $221,858
Siemens Industry, Inc. $234,046
Three (3) proposals were received and reviewed by staff. The lowest proposal submitted by Brian Cox Mechanical was determined to be responsive. Based on the bids received and work required to complete the project, Brian Cox Mechanical's price is fair, reasonable and Brian Cox Mechanical is qualified to complete the work. Staff recommends the Agreement be awarded to Brian Cox Mechanical for labor and materials to replace the HVAC unit serving the server room at City Hall in the total amount of $191,391.
Copies of all proposals are on file with the Public Works Department.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The Public Facilities Renovation project (MN041) includes $191,391 for the noted HVAC Replacement.
There is sufficient funding available in the MN041 adopted project budget to award this Agreement at the recommended amount.
Public Notification:
None.
Attachments:
A. Standard Agreement
Reviewed/Approved By:
W~d aserman
Assistant City Manager
2 of 19
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
w Chris Hazeltine
City Manager
October 15, 2024, Item #4
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 16th day of October 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and BRIAN COX MECHANICAL, INC. (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, City desires to obtain the services of a private Contractor for the Public Facility Renovation HVAC Replacement at City Hall Server Room; WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 3 of19 ATTACHMENT A
October 15, 2024, Item #4
delivery
of
written
notice
of
termination
to
Contractor.
Such
termination
shall
be
effective
upon
delivery
of
said
notice.
5. Confidential
Relationship.
City
may
from
time
to
time
communicate
to
Contractor
certain
information
to
enable
Contractor
to
effectively
perform
the
services.
Contractor
shall
treat
all
such
information
as
confidential,
whether
or
not
so
identified,
and
shall
not
disclose
any
part
thereof
without
the
prior
written
consent
of
the
City.
Contractor
shall
limit
the
use
and
circulation
of
such
information,
even
within
its
own
organization,
to
the
extent
necessary
to
perform
the
services.
The
foregoing
obligation
of
this
Paragraph
5,
however,
shall
not
apply
to
any
part
of
the
information that
(i)
has
been
disclosed
in
publicly
available
sources
of
information;
(ii)
is,
through
no
fault
of
Contractor,
hereafter
disclosed
in
publicly
available
sources
of
information;
(iii)
is
now
in
the
possession
of
Contractor
without
any
obligation
of
confidentiality;
or
(iv)
has
been
or
is
hereafter
rightfully
disclosed
to
Contractor
by
a
third
party,
but
only
to
the
extent
that
the
use
or
disclosure
thereof
has
been
or
is
rightfully
authorized
by
that
third
party.
Contractor
shall
not
disclose
any
reports,
recommendations,
conclusions
or
other
results
of
the
services
or
the
existence
of
the
subject
matter
of
this
agreement
without
the
prior
written
consent
of
the
City.
In
its
performance
hereunder,
Contractor
shall
comply
with
all
legal
obligations
it
may
now
or
hereafter
have
respecting
the
information
or
other
property
of
any
other
person,
firm
or
corporation.
6. Office
Space
and
Clerical
Support.
Contractor
shall
provide
its
own
office
space
and
clerical
support
at
its
sole
cost
and
expense.
7. Covenant
Against
Contingent
Fees.
Contractor
declares
that
it
has
not
employed
or
retained
any
company
or
person,
other
than
a
bona
fide
employee
working
for
Contractor,
to
solicit
or
secure
this
Agreement,
that
it
has
not
paid
or
agreed
to
pay
any
company
or
person,
other
than
a
bona
fide
employee,
any
fee,
commission,
percentage,
brokerage
fee,
gift
or
any
other
consideration,
contingent
upon
or
resulting
from
the
award
or
making
of
the
Agreement.
For
breach
of
violation
of
this
warranty,
City
shall
have
the
right
to
annul
this
Agreement
without
liability,
or,
at
its
sole
discretion,
to
deduct
from
the
Agreement
price
or
consideration,
or
otherwise
recover
the
full
amount
of
such
fee,
commission,
percentage,
brokerage
fee,
gift
or
contingent
fee.
8. Ownership
of
Documents.
All
memoranda,
reports,
plans,
specifications,
maps,
and
other documents
prepared
or
obtained
under
the
terms
of
this
Agreement
shall
be
the
property
of
City
and
shall
be
delivered
to
City
by
Contractor
upon
demand.
4of19
October 15, 2024, Item #4
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, p~rsuant to a contract with a state or local agency:
5 of 19
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
October 15, 2024, Item #4
DISCLOSURE DETERMINATION:
[gl 1 . Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
6 of19
October 15, 2024, Item #4
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its age_nts, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
7 of19
October 15, 2024, Item #4
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.
17. Contractor Not an Agent.
Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
8 of19
October 15, 2024, Item #4
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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October 15, 2024, Item #4
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
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October 15, 2024, Item #4
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:-----------
Chris Hazeltine, City Manager
Date: -----------
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
BRIAN COX MECHANICAL, INC.
By:------------
Anthony Joseph, Service and Retrofit
Sales
Date: ------------
By:-------------
Alan Fenstermacher, City Attorney
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October 15, 2024, Item #4
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Contractor agrees to provide the public facility renovation at City Hall server room to replace two (2) HVAC units which shall consist with the documents described in the Scope of Services submitted on May 10, 2024, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein.
Contractor shall provide the necessary qualified personnel to perform the services.
8. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the total fees submitted with the quote dated May 10, 2024, which is included in Attachment 1. Total fee is not to exceed $191,391. Contractor's fee shall include and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing October 16, 2024, and ending June 30, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.
D. Contractor's Insurance.
1. Coverages:
Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
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October 15, 2024, Item #4
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
(Remainder of page intentionally left blank)
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October 15, 2024, Item #4
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
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To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
Brian Cox Mechanical, Inc
12155 Kirkham Road
Poway, CA 92064
(Remainder of page intentionally left blank)
October 15, 2024, Item #4
ATTACHMENT 1
= Brian Cox Mechanical
Building Efficiency and Sustainability
A Service Logic Company
12155 Kirkham Road
Poway, CA 92064
Phone (858) 679-5757
Fax (858) 679-1888
CA LIC #557383
May 10, 2024
Submitted to:
City of Poway
13325 Civic Center Drive
Poway, CA 92064
Re Replace Server Room AC Units
ProposaINo.AJ24101
Jobsite Location:
City Hall
13325 Civic Center Drive
Poway, CA 92064
• BCM Customer Service is pleased to present this proposal to upgrade the server room AC system by replacing the existing AC units with 2ea Libert 8ton Air Cooled Split Systems. During this replacement project, one of the existing units will remain on line while one of two new unit are installed.
Equipment:
Liebert model POX/MC energy efficient computer room AC unit capable of performing cooling, humidification, dehumidification, air filtration, and condensate management. The units will be configured for lead-lag and timed rotation.
• Upflow with Front Air Return
• 2-way distribution air discharge plenum Liebert iCOM Control with High Definition Display • Variable speed EC plug fans
• Digital scroll, variable capacity compressor utilizing R-41 0A • Two-Stage 12kW Electric Reheat.
• Infrared Humidifier
• Dual-float condensate pump factory-mounted internal to unit • Supply Air Sensor
• Temperature/Humidity Sensors internal for return air sensing • Liquitect Shutdown Contact
• Plenum Color: RAL 7021 Black Gray Matte
• LT 410 Point Leak-Detection Sensor, quantity 1 per unit • Microchannel Aluminum Coil and Variable Speed EC Fans Scope/ Inclusions:
• Furnish and install a new stainless steel curb cap -see picture below of existing curb cap • Provide new spring isolators under the roof mounted condensers • Leak check, flush and extend existing refrigerant piping to the new equipment • Modify electrical service as needed and connect to the new units • Existing water and condensate piping will be ran to the new units and connected • Provide factory startup and test
• Forward closeout documentation
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October 15, 2024, Item #4
BRIAN COX
DIIU l
1 l'J11I
MECHANICAL INC.
• d curb ca
Exclusions:
• Overtime
Brian Cox Mechanical
12155 Kirkham Road
Poway, CA 92064
Phone (858) 679-5757
Fax (858) 679-1888
CA LIC #557383
• Work not mentioned above
• Engineering / Plans / Permits • DOC controls wiring and/or interfacing •
BCM Warranty(ies) and Terms as applicable:
• New Equipment - 1 year labor, Manufactures parts warranty • Net 30 / Monthly Calendar Progressive (as applicable) Pricing:
Parts and Material ........................................................................................................................... $145,894.00 Labor Includes ................................................................................................................................. $ 31,184.00 Subs ................................................................................................................................................ $ 14,313.00 Total Price ...................................................................................................................................... $191,391.00 If you should have any questions, please do not hesitate to contact me at 619 380-4378.
Sincerely,
Anthony Joseph
Brian Cox Mechanical, Inc
Service and Retrofit Sales
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Customer Acceptance:
Signature
Printed Name I Title
Date
Purchase Order Page 2 of 2
October 15, 2024, Item #4
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act o/2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received October 15, 2024, Item #4
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
October 15, 2024, Item #4
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 ofthe Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11(SB13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
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October 15, 2024, Item #4
October 15, 2024, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
October 15, 2024
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works 1,'\;r
Michael Obermiller, Public Works Operations Manct&,er
(858) 668-4722 or [email protected] ~
CITY COUNCIL
Award of Agreement to NBS Government Financial Group dba NBS for Annual Levy Process for Special Districts and Fire Protection Special Tax; RFP No. 25-003 A request for proposals (RFP) for the Annual Levy Process for Special Districts and Fire Protection Special Tax, RFP No. 25-003, was duly advertised on July 25 and August 1, 2024. Three (3) proposals were received and opened on August 22, 2024. Staff reviewed the proposals submitted and selected NBS Government Financial Group dba NBS as the company providing the best value for the annual levy process for special districts and fire protection special tax services. Staff determined NBS to be responsive and qualified to provide these services. The term of the Agreement is for two (2) years beginning January 1, 2025, through December 31, 2026. The Agreement can be extended by a maximum of three (3) one-year terms.
Recommended Action:
It is recommended City Council award the Agreement for Annual Levy Process for Special Districts and Fire Protection Special Tax, RFP No. 25-003 to NBS Government Financial Group dba NBS, and authorize the City Manager to execute the necessary documents.
Discussion:
The City utilizes a consultant to assist with the annual levy process for the City's Special Districts (i.e., Landscape and Lighting Maintenance) and the Fire Protection Special Tax. This includes the preparation of the state required engineer's reports.
The City has six (6) Landscape Maintenance Districts (ten including subzones) and one (1) Lighting District with three zones. The levy process for the City's Landscape and Lighting Maintenance Districts must be completed pursuant to the provisions of the City of Poway's Resolution No. 00-034 and 00- 035 (Policies for Landscape and Lighting Maintenance Districts), and the California Landscape and Lighting Act of 1972 and its amendments (Proposition 218) all of which are hereinafter called collectively "Assessment Law." Assessment Law requires the City to annually prepare an engineer's 1 of22
October 15, 2024, Item #5
report for each of the six (6) Landscape Maintenance Districts and the Lighting District to fund maintenance and operations requirements through assessments. Funding amounts for these reports come from each district and cost varies according to the unique needs and requirements therein. The City contributes General Benefit funding to each district from the General Fund.
The Fire Protection Special Tax, approved by the voters in 1997, is collected annually in accordance with Chapter 3.20 of the Poway Municipal Code. Using information provided by the Fire Department, the firm selected will be responsible for preparation of the Fire Protection Special Tax per parcel, including those parcels that are not listed on the property tax rolls.
Three (3) proposals were received and opened on August 22, 2024. Staff determined NBS best meets the City's requirements. Because of the type of Agreement, the City is not bound by cost alone. Other factors considered were team expertise, statement of services, reference evaluation, consultant information and experience. The bid results from the proposals received are included in the table below:
Webb Municipal NBS Government Willdan Financial Financial Group, dba Finance, LLC NBS Services, Inc.
Landscaping & Lighting $15,000 $16,250 $20,000 Assessment District Fire Protection Special Tax $3,000 $5,800 $4,000
The term of the initial Agreement is two (2) years beginning January 1, 2025, through December 31, 2026. The Agreement may be extended subject to City Council appropriation of funds for a total of three (3) separate one-year terms. The maximum length of the Agreement would be up to five (5) years.
Copies of all proposals are on file with the Public Works Department.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The total fee per year is not to exceed $22,050 for the first two years of the Agreement. Sufficient funds are available in Fiscal Year 2024-2025 Adopted Budget in the 41200 Account in the following Landscape/Lighting Assessment Districts Funds: 2590, 2610, 2620, 2630, 2710, 2740, 2750, 2760, 2770, 2780, 2790, and Fire Protection Fee General Fund 1000.
Public Notification:
None.
Attachments:
A. Standard Agreement
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October 15, 2024, Item #5
Reviewed/Approved By:
t.:bKa~
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
October 15, 2024, Item #5
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 16th day of October 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and NBS GOVERNMENT FINANCIAL GROUP OBA NBS (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to perform Annual Levy Process for Special Districts and Fire Protection Special Tax; WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4of22 ATTACHMENT A
October 15, 2024, Item #5
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Contractor shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
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October 15, 2024, Item #5
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
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(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
October 15, 2024, Item #5
DISCLOSURE DETERMINATION:
~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
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October 15, 2024, Item #5
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
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October 15, 2024, Item #5
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.
17. Contractor Not an Agent.
Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
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October 15, 2024, Item #5
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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October 15, 2024, Item #5
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
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October 15, 2024, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By: ------------Chris Hazeltine, City Manager
Date: -----------
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
NBS GOVERNMENT FINANCIAL
GROUP DBA NBS
By:------------
Stephanie Parson, Director
Date: ------------
By: ____________ _
Alan Fenstermacher, City Attorney
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October 15, 2024, Item #5
A. Scope Of Work.
"SPECIAL PROVISIONS"
EXHIBIT "A"
The City is seeking a qualified firm to complete all requirements, including preparation of Engineer's Reports, for the City's Special Districts (i.e., Landscape and Lighting Maintenance) annual levy process and, as a separate project, for the Fire Protection Special Tax annual levy process. The engineer's annual levy report shall be prepared by a registered civil engineer.
The City has six Landscape Maintenance Districts (ten including subzones) and one Lighting District with three zones. The breakdown of each District for Fiscal Year 2024-25 is as follows:
District Type of Assessment Number of Total Assessments Parcels FY 2024-25
83-1 Zone A Residential 1,391 $164,805.68
83-1 Zone B Commercial 15 $23,226.00
83-1 Zone C Residential 26 $12,900.16
86-1 Zone A Residential 950 $230,888.00
86-2 Zone A Residential 110 $20,477.60
86-2 Zone B Residential 168 $61,081.44
86-3 Zone A Residential 159 $25,917.00
86-3 Zone B Commercial 15 $16,211.64
87-1 Zone A&B Commercial/Residential 196 $41,293.28
19-1 Commercial 317 $778,393.66
Zone Lighting A Commercial/Residential 11,802 $329,950.02 Zone Lighting B Commercial/Residential 3,218 $14,542.40 Zone Lighting C Commercial/Residential 15,021 $350,250.32
1. Annual Levy.
The levy process for City's Landscape and Lighting Maintenance Districts must be completed pursuant to the provisions of the City of Poway Resolution Nos. 00- 034 and 00-035 (Policies for Landscape and Lighting Maintenance Districts), and the "Landscape and Lighting Act of 1972," applicable provisions of "Proposition 218," all of which are hereinafter called collectively "Assessment Law." Assessment Law requires the City to prepare annually Engineer Reports for each of the six Landscape Maintenance Districts (ten including subzones) and one Lighting District (three zones) to fund maintenance and operations requirements through assessments. Funding amounts for these reports come from each District and cost varies according to the unique needs and requirements of the District. The City contributes General Benefit funding from its General Fund. The scope of work for each of the Districts would include:
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a. Research the Districts history.
b. Preside over an annual kick-off meeting with City staff to review the existing District information
October 15, 2024, Item #5
c. Prepare an annual levy timeline to meet County Assessor deadlines. d. Review and finalize the District budgets provided by the City and coordinate with City staff to assist with accurate cost-recovery accounting. e. Maintain and update a parcel levy database by using the county parcel information.
f. Provide an Annual Levy Engineer's Report prepared by a registered civil engineer for each District, including:
i. Compliance with current legislation
ii. Improvements authorized by the 1972 Landscape and Lighting Act
iii. Description of the District:
1. Boundaries of the District
2. Description of the District improvements
3. Properties benefiting from improvements
iv. Method of apportionment:
1. General Benefit Analysis
2. Special Benefit analysis
3. Assessment methodology
4. Maximum assessment rate
v. District budgets
vi. District assessment diagram
vii. Assessment roll
g. Prepare for and attend LMDs collection of Levy City Council meetings. h. Submission of assessment rolls to the San Diego County Tax Assessor's office by August 10 of each year.
i. Hand billing for those parcels not on the property tax rolls and delinquent property owner research.
j. Reconciliation of parcels from the County's rejected listings.
The City will supply previous years Engineer's Report(s), assessments rolls and boundary and assessment diagrams in digital format.
2. Fire Protection Special Tax.
The Fire Protection Special Tax, approved by the voters in 1997, is collected annually in accordance with Chapter 3.20 of the Poway Municipal Code (see Appendix B). The firm selected will be responsible for preparation of the Fire Protection Special Tax per parcel, including those parcels that are not listed on the property tax rolls. The Fire Chief shall determine the use of the parcel and calculate the fire flow and supply the records of the calculation for all commercial, institutional, irrigated and vacant acreage subject to the Fire Protection Special Tax. Parcels not on the list will be hand billed. In past years there have been less than 50 parcels in this category. The breakdown of the Fire Protection Special Tax is as follows:
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October 15, 2024, Item #5
District Points Unit Price Number of Total
per Point Parcels Assessments
Fire Protection Special Tax 225,695 $3.12 15,077 $647,039.98 The scope of services for the Fire Protection Special Tax project would include:
a. Preside over an annual kick-off meeting with City staff to review the existing district information (may coincide with meeting for Project #1 if applicable)
b. Prepare a fire protection timeline to meet County Assessor deadlines. c. Maintain and update a parcel levy database by using the parcel information.
d. Prepare assessment roll using the per-parcel special tax amounts to be provided by the City.
e. Submission of assessment rolls to the San Diego County Tax Assessor's office by August 10 of each year.
f. Hand billing for those parcels not on the property tax rolls. g. Report Preparation.
h. Reconciliation of parcels from the County's rejected listings. i. Prepare for and attend City Council meetings.
The City will supply previous years' assessments rolls in digital format.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated August 22, 2024, which are included in this document as Attachment 1. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. 15 of 22
October 15, 2024, Item #5
C.
Term
of
Agreement.
This
Agreement
shall
be
effective
from
the
period
commencing
January
1,
2025,
and
ending
December
31,
2026,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination."
This
Agreement
may
be
extended
for
up
to
three
(3)
additional
one-year
periods
upon
approval
in
writing
of
the
City
Manager
and
Contractor.
Award
of
the
Agreement
and
any
Agreement
extensions
are
subject
to
City
Council
appropriation
of
funds.
Each
renewal
period
(fiscal)
after
the
first
term
of
the
agreement,
the
Contractor's
costs
shall
be
adjusted
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
5%,
whichever
is
less.
The
first
adjustment
would
occur
no
earlier
than
January
1,
2027.
Upon
expiration
or
termination
of
this Agreement,
Contractor
shall
return
to
City
any
and
all
equipment,
documents
or
materials
and
all
copies
made
thereof
which
Contractor
received
from
City
or
produced
for
City
for
the
purposes
of
this
Agreement.
D.
Contractor's
Insurance.
1. Coverages: Contractor
shall
obtain
and
maintain
during
the
life
of
this
Agreement
all
of
the
following
insurance
coverages:
(a)
Comprehensive
General
Liability.
including
premises-
operations,
products/completed,
broad
form
property
damage,
and
blanket
contractual
liability
with
the
following
coverages:
General
Liability
$1,000,000
Bodily
Injury
and
Property
Damage
combined
each
occurrence
and
$2,000,000
aggregate.
(b)
Automobile
Liability,
including
owned,
hired,
and
non-owned
vehicles:
$1,000,000
combined
single
limit.
(c)
Workers'
Compensation
insurance
in
statutory
amount.
All
of
the
endorsements
which
are
required
above
shall
be
obtained
for
the
policy
of
Workers'
Compensation
insurance.
2. Endorsements: Endorsements
shall
be
obtained
so
that
each
policy
contains
the
following
three
provisions:
(a)
Additional
Insured.
(Not
required
for
Professional
Errors
and
Omissions
Liability
Insurance
or
Workers'
Compensation.)
"City
of
Poway
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees
are
additional
insureds
with
respect
to
this
subject
project
and
contract with
City."
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October 15, 2024, Item #5
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Contractor:
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City of Poway
P.O. Box 789
Poway, CA 92074
NBS Government Finance Group,
OBA NBS
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
October 15, 2024, Item #5
Item No.
1 2
3 4
5 6
7 8
9 Total
Item No.
10 11
12 13
14 15
16 17
18 19
Total
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ATTACHMENT 1
FEE SCHEDULE
Annual Le~~-Plio&ess foli Special Districts Rates
Task
Research District History/ Kickoff Meeting
Prepare Annual Levy Process Timeline
Review and Finalize Budgets
Provide Parcel Levy Database
Benefit Assessment & Prepare Engineer's Report
Council Meeting
Submit Rolls to County
Delinquent Property Owner Research & Prepare Hand Bills Research Rejected Parcels
Fire Protectiom Special Tax Project Rates
Task
Kickoff Meeting
Prepare Fire Protection Special Tax Timeline
Provide Parcel Levy Database
Prepare Assessment Roll
Submit Rolls to County
Prepare Hand Bills & Delinquent Property Owner Research Report Preparation
Research Rejected Parcels
Council Meeting Preparation and Attendance
Property Owner Inquires
(Remainder of page intentionally left blank)
Fee
$750
$500
$3,500
$3,500
$3,500
$1,000
$500
$1,500
$1,500
$16,250
Fee
$250
$250
$1,000
$1,000
$250
$500
$750
$300
$500
$1,000
$5,800
October 15, 2024, Item #5
Professional Staff Hourly Rates
Item No. Position Fee
20 Managing Director $250
21 Vice President/Principal Consultant NIA
22 Engineer $225
23 Project Engineer $225
24 Senior Manager $250
25 Manager $200
26 Senior Project Analyst $200
27 Senior Assoc./Senior Analyst N/A
28 Associate/Analyst $150
29 Research Associate/ Assistant Analyst NIA
30 Customer Service Representative $110
31 Support Staff $100
32 GIS/Database Support $200
Total $1,910
(Remainder of page intentionally left blank)
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October 15, 2024, Item #5
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans> Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions {a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
{d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. {e)
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{1)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received October 15, 2024, Item #5
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
October 15, 2024, Item #5
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 o(the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
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October 15, 2024, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
CITY COUNCIL
October 15, 2024
Honorable Mayor and Members of the City Council
Jodene Dunphy, Human Resources & Risk Management Director Jodene Dunphy, Human Resources & Risk Management Director (858) 668-4413 or [email protected]
1T
Changes to the City of Poway Position Classification Plan, Part-Time Temporary/Seasonal Wage Schedule, and Non-Safety Salary Schedule and Authorization to Establish a Differential for Specific Part-Time Temporary/Seasonal Employees
In the Poway Municipal Code one of the City Manager's responsibilities is to ensure the efficient administration of all affairs of the City under the Manager's control. This includes a duty to study positions and staffing in the interest of the efficient, effective and economical conduct of city business.
Outlined in this staff report are minor proposed personnel changes demonstrating a commitment to ensuring the effective organization of city resources to provide the highest quality services and programs to meet the needs of the Poway community. The proposed personnel changes include: 1) adding to the City of Poway Position Classification Plan a new part-time, temporary/seasonal classification of Park Attendant, and a full-time regular classification of Customer Services Specialist.
The vacant Revenue and Operations Supervisor position will be reclassified down to a Customer Services Specialist; 2) revising the appropriate salary schedules based on the proposed changes to the Poway Position Classification Plan; and 3) authorizing a differential for certain part-time, temporary positions in the Community Services Department to temporarily perform some higher level duties in support of regular full-time staff, City operations, programs and services. No new full-time equivalent (FTE) positions are proposed, and no additional funds are needed for the proposed changes.
Recommended Action:
It is recommended the City Council adopt a resolution:
1) Adding Park Attendant and Customer Services Specialist to the City of Poway Position Classification Plan;
2) Updating the Part-Time, Temporary/Seasonal Wage Schedule and Non-Safety Salary Schedule; and 3) Approving differential pay for specific part-time, temporary/seasonal employees in the Community Services Department.
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October 15, 2024, Item #6
Discussion:
City of Powav Classification Plan and Salary Schedules
Proposed changes to the City's Position Classification Plan and corresponding salary schedules include adding a new classification of Customer Services Specialist in the Customer Services Division of the Finance Department and adding a new classification of Park Attendant to support the Community Services Department. The salary schedules affected by the addition of the two new classifications will be revised and recommended grades for both positions are proposed based on the market as well as internal alignment within the City's classification and compensation structure.
Customer Services Specialist
The Finance Department recently had two vacancies in the Customer Services Division: the Revenue and Operations Manager, which has been filled, and the Revenue and Operations Supervisor, which is still vacant. Having the positions vacant allowed the new Finance Director, in collaboration with the Assistant Finance Director of Business Operations who oversees the Customer Services division, to evaluate the division's staffing needs considering its responsibilities and commitment to providing exceptional customer service to the public. Based on a thorough evaluation of the division at this time, staff is recommending the vacant Revenue and Operations Supervisor at Grade 631 be reclassified down to a Customer Services Specialist at Grade 500, based on median in the San Diego market for comparable utility agencies. The higher-level supervisory duties of the prior Supervisor position will be given to the Revenue and Business Services Manager and the day-to-day technical oversight of customer services will be the responsibility of the new Customer Services Specialist.
The Customer Services Specialist is distinguished from the Customer Services Technicians based on the responsibility the position will have to plan, organize, and lead the work of the customer services staff responsible for utility billing and payment collection, issuance of business certifications and regulatory licenses, and cashiering. The proposed position will also be responsible for evaluating the utility billing process; ensuring that data submitted, and payments made are correct; auditing customer bills and payment entries for accuracy; overseeing cash handling and payment processing; preparing and ensuring the accuracy of journal entries of assigned revenue and expenditure accounts; responding to, investigating, and resolving complex and/or sensitive billing and payment issues; and preparing complex reports involving utility billing, accounts receivable, cash receipts, revenues and other statistical analysis, among other duties. These duties require technical knowledge and experience at a higher level than the Technician classification series.
For the reclassification to occur, City Council approval is required to add the Customer Services Specialist to the City of Poway Position Classification Plan. The Supervisor classification will remain on the City of Poway Position Classification Plan but the authorization for the full-time equivalent position will be at the Customer Services Specialist classification.
Park Attendant
The Community Services Department is responsible for locking gates at all City parks in the evening when parks close. This duty is typically performed by Park Rangers, but during summer months when operating hours are longer, it takes more employees to cover all park operating hours and complete the responsibility of locking up parks. In addition, if there are special events at parks, all of the Park Rangers are typically scheduled to work special events to cover alJ shifts. Locking gates at city parks requires employees to work independently and alone, and possibly enforce city rules and regulations if park patrons do not leave or move their cars from the parking lot before gates are locked. By creating a new classification of a part-time, temporary/seasonal Park Attendant, which is proposed 2 of 9
October 15, 2024, Item #6
to be classified at a higher level than a Recreation Leader and Dock Attendant because of the decision making and enforcement responsibilities, the Park Attendant can be scheduled to take on the duty of locking gates at City parks during the summer months and when Park Rangers are on vacation or sick. It also creates an entry level path for Park Attendants to be trained and qualified for Park Rangers, when positions become vacant. The proposed grade for the Park Attendant is 260, which is the same as the part-time, temporary/seasonal positions of Box Office Attendant and Front of House Assistant.
Part-Time Temporary/Seasonal Differential Pav
The City averages approximately 100 part-time, temporary/seasonal staff members supporting its workforce throughout the year. During summer months, it can significantly increase with more summer programming and camps. Without the City's part-time, temporary/seasonal workforce, the City could not provide all the programs and services it offers to the Poway community.
The City's Aquatic Center currently has 33 part-time, temporary/seasonal Lifeguards employed in addition to the two full-time regular Senior Lifeguards, Aquatics Coordinator and Recreation Area Manager. The City is proposing to pay part-time, temporary Lifeguards a 15% hourly differential when teaching swim lessons, water aerobics and lifeguard certification classes, as well as when they are acting in a lead lifeguard role. The Lifeguards must meet the following eligibility criteria to earn the differential pay: 1) take an in-house, 30-hour course to obtain their Water Safety Instructor certificate to qualify for teaching swim lessons and water aerobics; 2) complete a 30-hour course and obtain a Lifeguard Instructor Certification to teach the lifeguard certification classes; and 3) act in a lead lifeguard role by first working at least 1,000 hours as a Lifeguard, pass an interview and demonstrate good performance with demonstrated initiative, excellent decision making and leadership skills. The lead role allows the City to adhere to the Centers for Disease Control and Prevention Model Aquatic Health Code, a guidance tool to prevent injury and illness at aquatic venues open to the public. It requires that one staff member be in charge at all times when the pool is open to the public. In addition, the staff member must be assigned and aware of their duties as a lead Lifeguard. Typically, the Senior Lifeguards, Aquatics Coordinator and Recreation Area Manager serve in this role. However, the flexibility to assign Lifeguards to a lead role when needed ensures the pool can remain open to the public during vacancies, staff leave, and scheduling conflicts.
Currently the Poway Center for the Performing Arts (PCPA) has 34 part-time, temporary/seasonal staff members supporting a busy Fall season of shows and performances. There are times when part-time, temporary/seasonal Stage Technicians, Front of House Assistants and Box Office Attendants are asked to take on some additional duties in support of the full-time professional regular staff at the PCPA to keep the operations, shows, and programs running. Many times, a scheduled performance with a specific group runs for more than seven days. The full-time regular Technical Theater Coordinators are assigned to support that specific performance group the entire time their performance runs. To give the full-time staff some relief when this occurs, the part-time, temporary/seasonal staff members may be asked to help the Coordinators keep the performances running so they can have a break in their schedule. When this occurs, staff is proposing a 5% differential pay to compensate the Stage Technicians, Box Office Attendants, and Front of House Assistants for the hours they take on higher level duties. This is similar to what is approved for regular full-time employees when asked to work out of class.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA). 3 of9
October 15, 2024, Item #6
Fiscal Impact:
The estimated savings in Fiscal Year 2024-25 of reclassifying the Revenue and Operations Supervisor down to a Customer Services Specialist is $35,000 in the Finance Department, Customer Services Division. Sufficient funds are available in the Community Services Department budget to cover the expenses of reprogramming part-time, temporary/seasonal employee salaries from Recreation Leaders to Park Attendants and for the part-time temporary/seasonal differential pay for Lifeguards and the Stage Technicians, in the current fiscal year due to salary savings from current vacancies.
Public Notification:
Representatives of Teamsters were provided a copy of this report.
Attachments:
A. Resolution Approving Changes to the City of Poway Position Classification Plan, Non-Safety Salary Schedule, and Part-Time Temporary/Seasonal Wage Schedule and Establishing Differential Pay for Certain Part-Time, Temporary/Seasonal Position Classifications.
Reviewed/Approved By:
Assistant City Manager
4 of 9
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
October 15, 2024, Item #6
RESOLUTION NO. 24-
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 NON-SAFETY SALARY SCHEDULE, AND THE PART
TIME TEMPORARY/SEASONAL WAGE SCHEDULE AND
ESTABLISHING DIFFERENTIAL PAY FOR CERTAIN PART
TIME, TEMPORARY/ SEASONAL POSITION CLASSIFICATIONS
WHEREAS, the City of Poway is committed to ensuring the effective organization of city resources to provide the highest quality services, projects and programs for the Poway community;
WHEREAS, two new position classifications have been identified as the appropriate levels to support and enhance customer service responsibilities to the public; WHEREAS, a full-time regular Customer Services Specialist position classification will be added to oversee the day-to-day activities and support front line services provided by the Customer Services Division in the Finance Department, and a part-time, temporary Park Attendant classification will be added to support city operations in the parks; 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 Customer Services Specialist and Park Attendant are on file in the Human Resources and Risk Management Department and available on the City's website after approval by the Council; and -
WHEREAS, the City Council approves the personnel changes reflected in the City of Poway Position Classification Plan, attached hereto as "Exhibit A", City of Poway Non-Safety Salary Schedule attached hereto as "Exhibit B", and the Part-Time Temporary/Seasonal Wage Schedule attached hereto as "Exhibit C".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway that the following personnel changes are authorized effective October 15, 2024:
SECTION 1: Creation of a full-time, regular Customer Services Specialist position classification and part-time, temporary/seasonal Park Attendant position classification added to the City's Position Classification Plan.
SECTION 2: Addition of the Customer Services Specialist to the Non-Safety Salary Schedule at Grade 500 with a monthly salary range of $6,210 to $7,548 and the Park Attendant at Grade 260 with an hourly rate of $19.8080 to $24.0767 to the Part-Time Temporary/Seasonal Wage Schedule.
SECTION 3: Authorization to establish a differential pay of 15% for part-time, temporary/seasonal Lifeguards with the appropriate certifications, experience, and training. 5 of 9 ATTACHMENT A
October 15, 2024, Item #6
Resolution No. 24-
SECTION 4: Authorization to establish a differential pay of 5% for part-time, temporary/seasonal Stage Technicians, Front of House Assistants and Box Office Attendants for any hours they work out of class to support the full-time, regular staff at the Poway Center for the Performing Arts.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of October, 2024 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
6 of 9
October 15, 2024, Item #6
Classification
Accountant
Accounting Technician II
Administrative Assistant I
Administrative Assistant II
Administrative Assistant III
Aquatics Coordinator
Assistant City Manager
Assistant Director of Finance Operations
Assistant Director of Public Works for Maintenance Operatior Assistant Director of Public Works for Utilities
Assistant Engineer
Assistant Planner
Associate Civil Engineer
Associate Planner
Box Office Attendant
Box Office Coordinator
City Clerk
City Engineer
City Manager
City Planner
Code Compliance Officer
Community Outreach Coordinator
Construction Maintenance Crew Leader
Construction Maintenance Supervisor
Construction Maintenance Worker I
Construction Maintenance Worker II
Contract Specialist/Inspector
Cross-Connection Specialist
Customer Services Field Worker
Customer Services Specialist
Customer Services Technician I
Customer Services Technician II
Deputy City Clerk
Deputy Fire Chief
Deputy Fire Marshal
Development Services Aide
Director of Community Services
Director of Development Services
Director of Finance
Director of Human Resources and Risk Management
Director of Public Works
Dock Attendant
Electrical, Instrumentation, and Controls Technician
Engineering Inspector
7 of 9
Exhibit A
City of Poway
Position Classification Plan
Classification
Engineering Technician I
Engineering Technician II
Equipment Mechanic
Executive Assistant to the City Manager
Facilities Maintenance and Soecial Districts Suoervisor Facilities Maintenance Technician I
Facilities Maintenance Technician II
Finance Manager
Fire Battalion Chief
Fire Captain/Paramedic
Fire Chief
Fire Engineer/Paramedic
Fire Inspector
Firefighter/Paramedic
Fleet Maintenance Supervisor
Front of House Assistant
Front of House Coordinator
GIS Analyst
General Maintenance Worker
Human Resources Technician I
Human Resources Technician II
Information Technology Analyst
Intern
Interpretive Park Ranger
Lead Customer Services Field Worker
Lead Engineering Inspector
Lifeguard
Management Analyst
Management Assistant
Network and Computer Systems Administrator
Network and Computer Systems Analyst
Park Attendant
Park Ranger
Parks and Trails Area Manager
Parks Maintenance Crew Leader
Parks Maintenance Supervisor
Parks Maintenance Worker I
Parks Maintenance Worker
II
Principal Civil Engineer
Principal Civil Engineer -Utilities
Public Works Operations Manager
Recreation Area Manager
Recreation Coordinator
Recreation Leader I
Classification
Recreation Leader II
Revenue and Operations Manager
Revenue and Operations Supervisor
SCADA, Electrical, Implementation and Controls Supervisor Senior Accountant
Senior Accounting Technician
Senior Administrative Assistant
Senior Administrative Assistant - Confidential
Senior Civil Engineer
Senior Code Compliance Officer
Senior Dock Attendant
Senior Equipment Mechanic
Senior Facilities Maintenance Technician
Senior Fire Inspector
Senior Human Resources Analyst
Senior Lifeguard
Senior Management Analyst
Senior Park Ranger
Senior Planner
Senior Utility Systems Mechanic
Senior Electrical. Instrumentation, and Controls Technician Special Projects Engineer
Stage Technician
Storm water Maintenance and Construction Worker I
Stormwater Maintenance and Construction Worker II
Technical Theater Coordinator
Utilities Administrator
Utility Systems Mechanic
Utility Systems Mechanic Crew Leader
Utility Systems Supervisor
Warehouse Associate
Wastewater Utilities Crew Leader
Wastewater Utilities Supervisor
Wastewater Utilities Worker I
Wastewater Utilities Worker II
Water Treatment Plant Lead Operator
Water Treatment Plant Manager
Water Treatment Plant Operator I
Water Treatment Plant Operator II
Water Treatment Plant Operator III
Water Utilities Crew Leader
Water Utilities Distribution Supervisor
Water Utilities Worker I
Water Utilities Worker II
Revised October I 5, 2024
October 15, 2024, Item #6
Classification Title (In alphabetical order)
Administrative Assistant I
Administrative Assistant II
Administrative Assistant Ill
Aquatics Coordinator
Box Office Coordinator
Construction Maintenance Crew Leader
Construction Maintenance Worker I
Construction Maintenance Worker II
Contract Specialist/Inspector
Cross-Connection Specialist
Customer Services Field Worker
Customer Services Specialist
Customer Services Technician I
Customer Services Technician II
Development Services Aide
Electrical, Instrumentation, and Controls Technician
Engineering Inspector
Engineering Technician I
Engineering Technician II
Equipment Mechanic
Facilities Maintenance Technician I
Facilities Maintenance Technician II
Front of House Coordinator
Interpretive Park Ranger
Lead Customer Services Field Worker
Lead Customer Services Technician
Lead Engineering Inspector
Park Ranger
Parks Maintenance Crew Leader
Parks Maintenance Worker I
Parks Maintenance Worker II
Recreation Coordinator
Recreation Leader I
Senior Administrative Assistant
Senior Electrical, Instrumentation, and Controls Technician Senior Equipment Mechanic
Senior Facilities Maintenance Technician
Senior Lifeguard
Senior Park Ranger
Senior Utility Systems Mechanic
Stormwater Maintenance and Construction Worker I
Stormwater Maintenance and Construction Worker II
Technical Theater Coordinator
Utility Systems Mechanic
Utility Systems Mechanic Crew Leader
Warehouse Associate
Wastewater Utilities Crew Leader
Wastewater Utilities Worker I
Wastewater Utilities Worker II
Water Treatment Plant Lead Operator
Water Treatment Plant Operator I
Water Treatment Plant Operator II
Water Treatment Plant Operator Ill
Water Utilities Crew Leader
Water Utilities Worker I
Water Utilities Worker II
8 of9
Exhibit B
City of Poway
Non-Safety Salary Schedule
Effective October 15, 2024
I
Grade I
Approx.
I
Step 1 I Salary Range
270 3,519 -4,277 20.3032
300 3,789 -4,606 21.8643
360 4,395 -5,342 25.3558
400 4,851 -5,896 27.9881
370 4,504 -5,475 25.9897
440 5,354 -6,508 30.8936
320 3,981 -4,839 22.9711
370 4,504 -5,475 25.9897
500 6,210 -7,548 35.8273
540 6,854 -8,331 39.5466
430 5,224 -6,350 30.1401
500 6,210 -7,548 35.8273
330 4,081 -4,960 23,5454
370 4,504 -5,475 25.9897
270 3,519 -4,277 20.3032
570 7,381 -8,972 42.5874
520 6,524 -7,930 37.6410
440 5,354 -6,508 30.8936
480 5,910 -7,184 34.1009
420 5,096 -6, 195 29.4050
370 4,504 -5,475 25.9897
400 4,851 -5,896 27.9881
370 4,504 -5,475 25.9897
400 4,851 -5,896 27.9881
470 5,766 -7,009 33.2691
410 4972 -6044 28.6878
560 7,201 -8,753 41.5486
320 3,981 -4,839 22.9711
400 4,851 -5,896 27.9881
320 3,981 -4,839 22.9711
360 4,395 -5,342 25.3558
370 4,504 -5,475 25.9897
210 3,034 -3,688 17.5074
420 5,096 -6, 195 29.4050
650 8,994 -10,932 51.8885
490 6,058 -7,364 34.9535
460 5,625 -6,838 32.4576
370 4,504 -5,475 25.9897
340 4,183 -5,084 24.1340
570 7,381 -8,972 42.5874
332 4, 113 -4,999 23.7293
390 4,732 -5,752 27.3055
370 4,504 -5,475 25.9897
530 6,687 -8,128 38.5820
590 7,755 - 9,426 44.7432
370 4,504 -5,475 25.9897
560 7,201 -8,753 41.5486
450 5,488 -6,671 31,6660
520 6,524 -7,930 37.6410
650 8,994 -10,932 51.8885
480 5,910-7,184 34.1009
530 6,687 -8, 128 38.5820
580 7,566 -9,196 43.6520
560 7,201 -8,753 41.5486
440 5,354 -6,508 30,8936
491 6,100-7,414 35.1935
Step 2 I Step 3 I Step4 I Step 5
21.3184 22.3845 23.5033 24.6783
22.9575 24.1054 25.3107 26.5761
26.6236 27.9549 29.3526 30.8202
29.3877 30.8575 32.3994 34.0193
27.2894 28.6543 30.0861 31.5903
32.4386 34.0608 35.7629 37.5508
24.1200 25,3262 26.5918 27.9212
27.2894 28,6543 30.0861 31.5903
37.6187 39.4995 41.4745 43.5482
41.5239 43.6001 45.7801 48.0691
31.6474 33.2301 34.8907 36.6349
37.6187 39.4995 41.4745 43.5482
24.7230 25.9594 27,2566 28.6192
27.2894 28.6543 30.0861 31.5903
21.3184 22.3845 23.5033 24.6783
44.7167 46.9525 49.3001 51.7652
39.5233 41.4998 43.5738 45.7521
32.4386 34.0608 35.7629 37.5508
35.8061 37.5968 39.4757 41.4492
30.8753 32.4191 34.0400 35.7420
27.2894 28.6543 30.0861 31.5903
29.3877 30.8575 32.3994 34.0193
27.2894 28.6543 30.0861 31.5903
29.3877 30.8575 32.3994 34.0193
34.9328 36.6798 38.5128 40.4382
30.1225 31.6289 33.2095 34.8698
43.6260 45.8074 48.0978 50.5026
24.1200 25.3262 26.5918 27.9212
29.3877 30.8575 32.3994 34.0193
24.1200 25.3262 26.5918 27.9212
26.6236 27.9549 29.3526 30.8202
27.2894 28.6543 30.0861 31.5903
18.3828 19.3020 20.2669 21.2800
30.8753 32.4191 34.0400 35.7420
54.4829 57.2070 60,0675 63.0708
36.7011 38.5361 40.4629 42.4862
34.0807 35.7852 37.5734 39.4519
27.2894 28.6543 30.0861 31.5903
25.3408 26.6078 27.9382 29.3351
44.7167 46.9525 49.3001 51.7652
24.9158 26.1616 27.4697 28.8431
28.6710 30.1049 31.6092 33.1896
27.2894 28.6543 30.0861 31.5903
40.5111 42.5367 44.6634 46.8967
46.9805 49.3295 51.7960 54.3857
27.2894 28.6543 30.0861 31.5903
43.6260 45.8074 48.0978 50.5026
33.2493 34.9118 36.6573 38.4902
39.5233 41.4998 43.5738 45.7521
54.4829 57.2070 60.0675 63.0708
35.8061 37.5968 39.4757 41.4492
40.5111 42.5367 44.6634 46.8967
45.8346 48.1263 50.5326 53.0592
43.6260 45.8074 48,0978 50.5026
32.4386 34.0608 35.7629 37.5508
36.9516 38.8002 40.7395 42.7774
October 15, 2024, Item #6
Exhibit C
City of Poway
Part-Time Temporary/Seasonal Wage Schedule
Effective October 15, 2024
Classification Title (In alphabetical order)
I Grade I Step 1 I Step 2 I Step 3 I Step 4 I Step 5
Box Office Attendant 260 19.8080 20.7984 21.8384 22.9302 24.0767 Dock Attendant 210 17.5074 18.3828 19.3020 20.2669 21.2800 Front of House Assistant 260 19.8080 20.7984 21.8384 22.9302 24.0767 General Maintenance Worker I 220 17.9450 18.8424 19.7844 20.7737 21.8124 Intern 240 18.8536 19.7962 20.7863 21.8252 22.9163
Lifeguard 240 18.8536 19.7962 20.7863 21.8252 22.9163
Park Attendant 260 19.8080 20.7984 21.8384 22.9302 24.0767 Recreation Leader I 210 17.5074 18.3828 19.3020 20.2669 21.2800 Recreation Leader II 240 18.8536 19.7962 20.7863 21.8252 22.9163 Stage Technician 290 21.3310 22.3977 23.5178 24.6932 25.9275 9 of9
October 15, 2024, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
October 15, 2024
Honorable Mayor and Members of the City Council
Craig Schmollinger, Director of Finance @
Craig Schmollinger, Director of Finance
(858) 668-4411 or [email protected]
Set Public Hearing for Proposed San Diego County Water Authority Pass-Through Water Rates for 2025 Implementation
The San Diego County Water Authority (SDCWA) recently approved a rate increase totaling 13.52% to Poway which takes effect in January 2025. This increase is more than double the 6% annual SDCWA rate increase built into the 2025 water rates adopted by the City Council on November 2, 2021. The new SDCWA rates trigger the need for an additional water rate increase to pass-through the new SDCWA costs to ratepayers. The Water Fund cannot absorb the projected $1.27 million in additional costs resulting from the increased SDCWA rates. To ensure the ongoing financial sustainability of the water enterprise system staff is recommending the new SDCWA rates be passed through to ratepayers beginning in January 2025 when they take effect. To be clear, staff would not be recommending additional rate changes for January 2025 were it not for the increased rates adopted by the SDCWA. This staff report recommends setting the public hearing date on December 3, 2024 for proposed SDCWA water pass-through rate increases for water rates.
The City relies almost exclusively on the SDCWA for its raw water supply and therefore does not have a choice in accepting rate adjustments from the wholesale water provider. These increased costs were adopted by the SDCWA on July 25, 2024 and will go into effect in January 2025. While Poway's four year rates anticipated increases in the cost to purchase water of 6% per year, the new SDCWA increases to Poway are 13.52% which is well beyond what the rate model projected. City rates cannot absorb these large increased costs for wholesale water purchases. Since Poway's water rates are comprised of several factors (i.e. maintenance and operation of the water system, water treatment costs, and staffing costs), the actual pass-through rate increases to customers will be less than the
7.52% differential between the SDCWA rates the City anticipated in the rate model and the actual SDCWA rates which take effect in January 2025. As illustrated in Table 1 later in the report, the average customer will see an increase of just over 3% on their bi-monthly bills as a result of the SDCWA pass through rate increases. As a best practice, almost all water agencies (20 out of 23) in San Diego County have a pass-through provision in their adopted rate schedules allowing them to automatically pass on any increases in SDCWA rates to customers. Poway does not currently have a pass-through provision which is why staff is bringing this item forward and recommending the City initiate the Proposition 218 process to incorporate the SDCWA rate increases into the City's water rates when they take effect in January 2025.
1 of 12
October 15, 2024, Item #7
Recommended
Action:
It
is
recommended
the
City
Council
direct
staff
to
set
the
public
hearing
for
December
3,
2024
and
proceed
with
the
Proposition
218
process
which
includes
mailing
the
notice
of
public
hearing
to
ratepayers
(Attachment
A)
pursuant
to
California
law
for
this
proposed
wholesale
pass-through
water
rate
adjustment.
Discussion: On
November
2,
2021,
the
City
adopted
new
rate
structures
and
four-year
rate
increases
for
water,
recycled
water,
and
wastewater
rates
that
are
effective
for
calendar
years
2022,
2023,
2024
and
2025.
Actual
City
water
purchase
costs
for
2022,
2023
and
2024
have
been
in
close
alignment
with
City
projections
and
budgeted
figures.
However,
after
a
review
of
projections
for
wholesale
water
purchase
costs,
specifically
the
new
rate
increases
adopted
by
the
San
Diego
County
Water
Authority
(SDCWA)
that
take
effect
in
January
2025,
new
water
pass-through
rate
increases
are
needed
for
2025,
to
ensure
the
financial
sustainability
of
the
water
enterprise
system.
This
staff
report
will
focus
on
what
is
driving
the
proposed
pass-through
rate
increases.
Proposed
Water
Rates:
In
November
2021,
the
City
Council
adopted
four-year
water rate
increases
to
cover
calendar
years
2022, 2023,
2024
and
2025.
The
final
approved
increase
will
take
effect
in
January
2025.
The
approved
rates
cover
the
increasing
costs
of
providing
safe,
reliable
water
on
demand
to
ratepayers.
While
Poway's
four-year
rates
anticipated
increases
in
the
cost
to
purchase
water
of
6%
per
year,
the
approved
SDCWA
rate
increase
of
13.52%
for
2025
is
more
than
double
what
was
anticipated
in
our
rate
model.
The
Water
Fund
cannot
absorb
these
large
increased
costs
for
wholesale
water
purchases.
which
are
projected
to
result
in
a $1.27
million
revenue
shortfall
in
water
purchase
costs.
Current
City
rates
cannot
absorb
these
unplanned
large
increased
costs
for
wholesale
water
purchases.
Out
of
23 agencies,
the
City
is
one
of
three
retail
water
providers
in
San
Diego
County
that
does
not
have
a
wholesale
service
pass-through
provision
authorizing
automatic
pass-through
of
these
wholesale
service
cost
increases.
These
industry
standard,
best
practice,
pass-through
provisions
will
be
incorporated
for
City
Council
consideration
with
the
next
full
cost
of
service
study.
This
proposed
water
pass-through
adjustment
would
be
the
only
pass-through
adjustment
for
the
City
in
2025
regardless
of
subsequent
hypothetical
adjustments
from
the
SDCWA
that
may
be
effective
in
2025
prior
to
the
completion
of
the
next
full
cost
of
service
study.
Imported
Water:
The
lone
factor
driving
the
proposed
pass-through
rate
increase
is
increases
to
City
purchased
water
costs
charged
by
the
SDCWA.
San
Diego
County
has
a
semi-arid
climate.
Before
1947,
the
San
Diego
region
relied
on
rainfall
and
groundwater
to
meets
its
water
needs
(SDCWA,
Urban
Water
Management
Plan
2020).
As
the
economy
and
population
grew,
local
water
resources
became
insufficient
to
meet
the
region's
water
supply
needs
and
required
imported
water
from
hundreds
of
miles
away
to
support
the
growth.
Much
of
the
region's
water
is
imported
from
northern
California
near
San
Francisco
and
Sacramento
(i.e.
the
Bay-Delta).
Importing
water
is
very
energy
and
infrastructure
intensive.
Over
time,
the
cost
to
transport
this
water
increases
as
factors
like
energy
prices
increase.
Investment
by
SDCWA
into
regional
water
supply
and
infrastructure
projects
to
reduce
reliance
on
imported
water
and
mitigate
the
effects
of
natural
2 of
12 October 15, 2024, Item #7
disasters, such as earthquakes, is also expensive. For example, SDCWA's investment into the Claude "Bud" Lewis Desalination Plant cost close to $1 B, but it gave the region a new drought-proof, locally controlled supply of water.
Imported water represents almost 60% of City water operating costs. When imported water costs increase, this significantly impacts City water rates which are passed on to customers. The SDCWA rate and charge increase to the City is 13.52% for calendar year 2025. Since Poway's water rates are comprised of several factors (i.e. maintenance and operation of the water system, water treatment costs, and staffing costs}, the actual pass-through rate increases to customers will be less than the
7.52% differential between the SDCWA rates the City anticipated in the rate model and the actual SDCWA rates which take effect in January 2025. As illustrated in Table 1 later in the report, the average customer will see an increase of just over 3% on their bi-monthly bills as a result of the SDCWA pass through rate increases. In an effort to help mitigate impacts to member agencies, SDCWA took several actions to reduce the increases to rates including applying grant funding of $19.7 million, delaying capital expenses of $7 million, and trimming operating costs by $2 million. Their rate increase was driven by an average rate and charge increase of 11 % from the Metropolitan Water District (MWD), one of SDCWA water suppliers, along with wholesale costs from operating the Claude "Bud" Lewis Desalination Plant. Additionally, the impacts of both the Rainbow and Fallbrook Municipal Water District's detaching from SDCWA has resulted in an increase in SDCWA costs being spread among the remaining 23 member agencies that continue to receive water from the SDCWA. The SDCWA also has declining water sales to those remaining 23 member agencies which results in less water sold to spread SDCWA costs. The SDCWA projected their water sales downward by 20% and 15% from previous adopted figures for Fiscal Years 2024 and 2025, respectively (source: SDCWA Staff Report for Fiscal Years 2024 & 2025 Mid-Term Budget, June 19, 2024). The result is an increase in costs spread among less units of water sold for the remaining SDCWA member agencies, including Poway.
Due to the substantial increase in water purchase costs from SDCWA, wholesale costs to the City have increased beyond the projected 6% annual cost increase for calendar year 2025 by $1.27 million. As a result of this significantly higher increase in wholesale water purchase costs beyond the 6% SDCWA rate increases included in the adopted rate structure, staff is recommending an adjustment to pass through SDCWA water rate increases to recover these higher than anticipated costs which help ensure the ongoing financial stability of the water enterprise.
The City retained Raftelis Financial Consultants (Raftelis) in 2021 as utility rate experts in the water and sewer rate setting field for over 30-years. Raftelis provided a Water Rate Model and recommendations resulting in the noted water rate adjustments for calendar years 2022, 2023, 2024 and 2025. In May 2024, the City again retained Raftelis to provide a limited-scope update to the noted Water Rate Model based on the large wholesale water rate increases the SDCWA adopted for 2025.
Raftelis completed its analysis with the results included in a pass-through technical memorandum (Attachment B). The recommended water pass-through rate adjustments to recover the increased SDCWA wholesale water increases result in a uniform increase in water use (commodity) rates to City customers of $0.32 per billing unit (1 unit= 100-cubic feet= 748 gallons).
Table 1 below shows the estimated impact to residential customers who have a¾" water meter and use 29 units of water over one bimonthly billing period (every two months). 3 of12
October 15, 2024, Item #7
Table 1: Estimated bimonthly Residential Impacts of Wholesale Water Rate Pass Through Approved Proposed
Debt Funding Option Existing Jan. 2025 Jan. 2025
Revenue Increase(%) N/A 8% 3.2%2
Estimated Water Bill1 $269.90 $293.41 $302.73
Impact($) N/A $23.51 $9.32
1. Assumes the average residential customer has a¾" meter and uses 29 units of water bimonthly.
2. Proposed rate increase impact for the average residential customer.
As the table shows, the average residential customer would be paying $9.32 more per bimonthly billing period for water in January 2025 with the proposed rate adjustment. This impact reflects the difference between the already approved January 2025 rates with the proposed pass-through wholesale water rate adjustment.
Community Outreach:
To help the community understand the impacts of the proposed pass-through rate increases, staff updated the residential bill estimator tool (https://poway.org/175/Rates-Fees). This will help evaluate how the proposed increases impact their specific usage patterns. This tool, as well as information specifically about the majority-protest public hearing, and proposed rates, will be posted to the homepage of the City's website and the Water and Sewer Services section of the Finance Department webpage. This information will also actively communicated to the public via the Poway Today e newsletter.
Timeline:
The following graphic shows the proposed rate cycle for the potential rate adjustment.
Set Public Hearing: Mail 218 Notice: Public Hearing: Rates Effective:
October 15, 2024 By October 18, 2024 December 3, 2024 January 1, 2025 Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
There is no direct fiscal impact associated with this staff report because it only sets the public hearing.
However, based on the information contained in this staff report and the analysis completed by Raftelis, there will be insufficient revenues to fund water purchase costs without passing through the recently adopted SDCWA rate increases to ratepayers. Without the pass through, it is estimated the City will collect approximately $1.27 million less than needed to cover water purchase costs. Tapping into the Water Fund Reserves to cover this shortfall is not an option, as we are required to maintain the reserves at certain levels as a provision of the bond covenants for the water revenue bonds issued to pay for the Water Infrastructure Improvement Program.
Safe reliable water delivered on demand to an average residential ratepayer costs approximately one penny per gallon.
4 of 12
October 15, 2024, Item #7
Public Notification:
The California Constitution, Article XIIID, Section 6, states that local governments must hold a Majority Protest Public Hearing and notify property owners at least 45 days in advance of the public hearing related to proposed water, recycled water, and wastewater rates. The notice (Attachment A) will be mailed at least 45 days prior to the public hearing, or on or before October 18, 2024. The public hearing will take place as follows:
Attachments:
Tuesday, December 3, 2024 at 7:00 p.m.
City of Poway Council Chambers
13325 Civic Center Drive
Poway, CA 92064
A. Notice of Public Hearing: Proposed Pass-Through Water Rates B. Raftelis Water Rate Technical Memo
Reviewed/Approved By:
w~~:::----
Assistant City Manager
5 of 12
Reviewed By:
Alan Fenstermacher
City Attorney
October 15, 2024, Item #7
The
San
Diego
County
Water
Authority
(SDCWA)
recently
approved
a
rate
increase
totaling
13.52%
to
Poway,
which
takes
effect
in
January
2025.
This
increase
is
more
than
double
the
6%
annual
SDCWA
rate
increase
built
into
the
2025
water
rates
adopted
by
the
City
Council
on
November
2,
2021
.
The
new
SDCWA
rates
trigger
the
need
for
an
additional
water
rate
increase
to
pass-through
the
new
SDCWA
costs
to
ratepayers
. The
Water
Fund
cannot
absorb the
projected
$1.27
million
in
additional
costs
resulting
from
the
increased
SDCWA
rates
.
To
ensure
the
ongoing
financial
sustainability
of
the
water
enterprise
system
staff
is
recommending
the
new
SDCWA
rates
be
passed
through
to
ratepayers
beginning
in
January
2025
when
they
take
effect.
Staff
would
not
be
recommending
additional
rate
changes
for
January
2025
were
it
not
for
the
increased
rates
adopted
by
the
SDCWA.
Since
Poway's
water
rates
are
comprised
of
several
factors
(including
maintenance
and
operation
of
the
water
system
, wate
r treatment
costs,
and
staffing
costs),
the
actual
pass-through
rate
increases
to
customers
will
be
less
than
the
7.52%
differential
between
the
SDCWA
rates
the
City
anticipated
in
the
rate
model
and
the
actual
SDCWA
rates
which
take
effect
in
January
2025.
The
average
customer
will
see
an
increase
of
just
over
3%
on
their
bi-monthly
bills
as
a
result
of
the
SDCWA
pass-through
rate
increases
.
As
a
best
practice
, almost
all
water
agencies
(20
out
of
23)
in
San
Diego
County
have
pass-through
provisions
in
their
adopted
rate
schedules
allowing
them
to
automatically
pass
on
any
increases
in
SDCWA
rates
to
customer
. Poway
does
not.
As
a
result
-
and
in
compliance
with
Proposition
218
-
enclosed
in
this
notice
are
the
proposed
pass-through
rate
adjustments
for
2025
. If
the
SDCWA
didn't
more
than
double
the
anticipated
6%
annual
increase
in
water
purchase
costs
for
2025,
Poway
would
not
need
to
pass
these
costs
on
to
water
customers
through
the
recommended
adjustments.
6 of
12 Attachment
A
NOTICE
OF
PUBLIC
MEETING
Tuesday,
December
3,
2024
at
7 p.m.
City
Council
Chambers
13325
Civic
Center
Drive,
Poway
On
Tuesday
, December
3, 2024
at
7 p.m.
the
Poway
City
Council
will
consider
adopting
proposed
changes
to
water
charges
. If
adopted,
the
rate
adjustments
will
become
effective
January
1 of
2025
and
reflected
on
bimonthly
bill
statements
in
March
or
April.
The
City
bills
for
water
service
bimonthly
(every
two
months)
based
on
consumption
during
the
two
months
pr
ior
to
the
billing
date
.
All
interested
persons
are
invited
to
appear
at
the
meeting
to
give
oral
or
written
testimony
on
the
proposed
rate
adjustments.
Rate
protests
must
be
submitted
in
writing
ahead
of
the
council
meeting
. City
Council
meetings
are
open
for
in-person
participation
or
viewing
online
.
Visit
poway
.org/councilmeeti
ngs
for
more
information
.
Details
on
the
written
protest
process
are
located
on
the
back
page
of
this
notice
.
October 15, 2024, Item #7
Proposed
Pass-Through
Changes
to
Water
Rates
The
City
of
Poway
provides
safe,
reliable
water
on
demand
to
its
customers
and
purchases
nearly
100
percent
of
its
water
from
SDCWA.
Purchased
water
represents
almost
60%
of
City
water
operating
costs.
When
imported
water
costs
increase,
as
with
the
13.52 %
increase
in
2025,
this
significantly
impacts
City
water
rates
, which
are
passed
on
to
customers
.
The
current
adopted
water
rate
structure
assumed
SDCWA
annual
rate
increases
at
6%.
Actual City
water
purchase
costs
for
2022,
2023
and
2024
have
been
in
close
alignment
with
City
projections
and
budgeted
figures.
However,
for
2025
the
cost
to
purchase
imported
water
has
increased
by
over
double
what
was
anticipated
in
the
adopted
water
rates
. The
SDCWA
adopted
rates
on
July
25,
2024
represent
a 13.52%
increase
to
Poway
for
2025,
which
equates
to
an
additional
cost
of
$1.27
million
. The
City
cannot
absorb
these
large
increased
costs
for
wholesale
water
purchase
.
To
help
ensure
the
financial
sustainability
of
the
water
enterprise,
to
ensure
legally
binding
debt
services
bond
covenants
are
met,
and
to
meet
Financial
Policy
minimum
reserve
requirements,
the
City
is
proposing
pass-through
adjustments
in
potable
water
rates
effective
on
January
l,
2025.
0 For
additional
information
on
how
your
rates
have
been
calculated,
please
refer
to
the
staff
report
on
October
15,
2024
titled
"Set
Public
Hearing
for
Proposed
San
Diego
County
Water
Authority
Pass-Through
Water
Rates
for
2025
Implementation
."
CURRENT
&
PROPOSED
PASS-THROUGH
WATER
RATES
Single
Family
Residential
Tier
1:
1-20
Units
6.00 6.40
6.72 Tier
2: 21-56
Units
7.00 7.46
7.78 Tier
3:
57+
Units
9.73 10
.37
10 .69
Multi-family
Residential
6.15 6.56
6.88 Landscape
Irrigation
8.53 9.09
9.41 Non-residential
6.54 6.97
7.29 City
Potable
Usage
6.54 6.97
7.29 1 unit
= 7 48
gallons
Any
water
rates
or
fees
associated
with
water
service,
including
raw
water,
not
addressed
within
this
notice
shall
remain
in
full
force
and
effect
as
previously
adopted
by
the
Poway
City
Council.
October 15, 2024, Item #7
Proposed Pass-Through Rate Change Protests
As part of the pass-through rate setting process, on December 3, 2024, the City of Poway will conduct a public hearing on the proposed changes to rates and will consider all oral and written protests to the proposed pass-through changes. Oral comments at the public hearing will not qualify as formal protests unless accompanied by a written protest. Only one written protest will be counted per identified parcel. While email is not an official rate protest mechanism under California law, the City Council values resident input and will read all email correspondence regarding rates.
Written protests must include:
A description of the property, such as the address or assessor's parcel number; and The name and signature of the customer submitting the protest.
The City Council will receive a final tabulation of all written protests received by the City Clerk. Written protests must be received by the City Clerk's office no later than 12 p.m. December 3, 2024 or can be submitted in writing in the Council Chambers before the public hearing is closed. If a majority of the affected customers do not file written protests of the proposed rate changes, the Council will then consider and may adopt the rate changes described in this notice. If a majority of affected customers file written protests, the City Council will not adopt the proposed rate adjustments and the City will reconsider the rate structure and rates.
How were pass-through rates determined?
The City utilized a third-party rate consultant as utility experts in water rate setting who leads a cost of service study update in partnership with staff. The study designs a legally compliant rate framework that recovers water costs across different customer classes. These studies are typically updated every four to six years to ensure the rate design remains fair and equitable. The most recent study was performed in December 2019 and updated in late 2021 for rates that went into effect beginning in January 2022. The current review involved an update based on the large 13.52% increase in costs to the City from the SDCWA, which is more than double what the rate structure anticipated for purchased water costs and equates to $1.27 million in additional costs to Poway for 2025. 8 of 12
For rates information and links
to resources quoted in this
notice, scan this QR code
or visit:
poway.org/rates-fees.
October 15, 2024, Item #7
City
of
Poway
PO
Box
789
Poway
, CA
92074-0789
DATED
MATERIAL
DO
NOT
DELAY
DELIVERY
Important
information
about
your
WATER
account!
The
City
of
Poway
is
mailing
this notice
to
you
because
you
are
a water
customer
responsible
for
payment
of
water
fees
,
or
you
are
the
owner
of
record
for
a property
that
receives
water
service
. This
notice
describes
proposed
pass
-through
adjustments
to
water
rates
and
provides
notice
of
the
upcoming
public
hearing
at
which
these
proposed
changes
will
be
considered
by
the
Poway
City
Council
. If
you
have
any
questions
regarding
this
notice,
please
call
(858)
668-
4401
.
9 of
12 October 15, 2024, Item #7
~ RAFTELIS
Technical Memo
To: Brad Rosen, Wendy Kaserman, Craig Schmollinger, City of Poway From: John Wright, Sudhir Pardiwala, Raftelis
Date: October 1, 2024
Re: Proposed Water Rate Pass-Through Adjustments for January 1, 2025 On May 6, 2024, the City of Poway retained Raftelis to develop proposed water rate pass through adjustments, based on the Water Rate Model Poway previously retained Raftelis to complete in 2021. These pass-through adjustments are intended to recover wholesale water supply costs from the San Diego County Water Authority (SDCW A) that significantly exceed the levels originally assumed in the City's 2025 water rates which will become effective on January 1, 2025.
Overview of Water Rate Pass-Through Adjustments
In November 2021, the City of Poway adopted water rates for 2022 through 2025. The Proposition 218 notice for these rates did not include a provision for the City to pass on to customers increased wholesale water supply costs not under direct City control. Therefore, any proposed increases to the City's water rates beyond what was approved in November 2021 will be subject to a new Proposition 218 process.
California Government Code Section 53756 authorizes water agencies to use pass-through adjustments for wholesale cost increases. Pass-through adjustments are commonly used by water service providers in San Diego County and throughout California. Since the City approved water rates in November 2021, increases in SDCW A water supply costs have exceeded those assumed when the rates were originally calculated. Further large increases for wholesale water rate adjustments that were adopted by the SDCW A Board on July 25, 2024, that will take effect in January 2025.
To help pay for the cost increases, the City requested that Raftelis develop water rate pass-through adjustments. If implemented by the City, the pass-through adjustments will reflect changes in SDCWA water supply costs that will take effect on January 1, 2025.
Calculation of the 2025 SDCWA Water Supply Cost Pass-Through Adjustment Table 1 shows the proposed 2025 pass-through adjustment calculation for SDCW A water supply costs. Column B in Table 1 shows the projected water supply costs used to develop the 2025 water 25185 Madison Avenue, Suite A, #9
Murrieta, CA 92562
www.raftelis.com
10 of 12 Attachment B
October 15, 2024, Item #7
CITY OF 1'0\\'A\'
\\' .. \TEI! l',\SS-Tlll!OllGII .lll.Jl:S-1'.\IEl'/TS
ITCIINIC:.\L 1\IL\IO
2 rates originally approved by the City in November 2021. As shown in Line 16 of Column B, SDCW A water supply costs were originally projected to be $18,953,968 in 2025. As shown in Line 19 of Column B, this equates to a unit cost-of-service of $4.81 per hundred cubic feet ($4.81/ccf) based on customer billed water consumption of 3,941,112 ccf as originally projected for 2025.
Column C in Table 1 shows the estimated water supply costs the City will incur in 2025 based on the actual rates and charges formally adopted by SDCWA on July 25. 2024. As shown in Line 16 of Column C, SDCWA water supply costs are estimated at $20,220,025. As shown in Line 19 of Column C, this equates to a unit cost-of-service of $5.13/ccfbased on customer billed water consumption of 3,941,112 ccf as originally projected for 2025.
The differential between the original projected 2025 unit cost-of-service of $4.81/ccf (Column B, Line 19) and the estimated 2025 unit cost-of-service of $5.13 (Column C, Line 19) is $0.32/ccf (Column C, Line 20). Thus, the proposed 2025 pass-through adjustment for SDCW A water supply costs is $0.32/ccf.
Table I: 2025 SDCWA Water Supply Cost Pass-Through Calculation (A)
Line Item
• I I I I f • , '
(8)
Projected 2025
SDCWA Water Supply
Costs Originally llsed
to Develop 2025 Rates
(C)
Estimated 2025
SDCW A Water Supply
Costs Based on
Ado11ted SDCWA
2025 Rates
2 3
4 _MWD Readines,:_-to-Ser':'.:_ Charge
MWD Capacity Charge
--=-----_ $321,82ol _____________ $276,744
$291,531 r--$287,880
Supr,_ly Reliabili!_Y Charge __ Jl,09~,559 I
5 ___ Customer Service Charge _________ _ $705,245 ------- $1,774,306 $1,183,662
$11D>s2
-----
$1,646,466 6 _ r Storage Charge _ _ __ _ _ _ _ __ _ -·---------- $1,005,511 7 __ ~r~tructure Access Charge __ _ _ __ ---- 8 I Tr~nsportation Fixe_<!._Charg:._ NIA
9 Total Annual Proje~t:d s:_ost __ _ ------+-----$5,199,971 10 ------ 11 Projected Cost of SDCWA Usage Rates Paid by Poway -12---SDCWA M&I-Melded Untr~t~ Y,ate -_ -__ ~~--~--~--$11,]4~33 _' 13 Transportation Variable Charge $2.013,064
14 -Tota!Var-i;bk Cost ---------------$13,753,997
----------------------
15 ---
16 1 Total Projected SDCWA Costs Paid by Poway $18,953,968 1 ~; : Proje~ted 202~ Billed Consumptio~(ccf) (1) ---I 3~941,112 :
19 Unit Cost of Service J$/ccf) $4.81 I
20 21
j Required 2025 Pass-Through Increase
(I) ccf= one hundred cubic feet
[Remainder of page intentionally left blank}
11 of 12
$926,718 ---
$738.006
$5,772,558
$12,647,474 -----$1.799.994
$14,447,467
$20,220,025
3,941,112-_
1 ,
$5.13
$0.32 I
October 15, 2024, Item #7
CITY OF l'OW,.\Y
\\'..\Tl•:1( l'..\SS-TII l(OllG II ,.\ D.I liST~I ENTS
TECIINIC.\L 1\IE~IO
Proposed 2025 Water Commodity Rates
3 The wholesale water supply rates are included uniformly in each commodity rate. Table 2 shows the proposed 2025 water commodity rates after adding the SDCW A pass-through adjustments (Column D). If billed water consumption is 3,941,112 ccf as originally estimated for 2025, the additional revenue produced by the proposed pass-through adjustments will be approximately $1.27 million which is projected to cover the wholesale cost increases incurred from SDCW A for wholesale water services.
Table 2: Proposed FY 2025 Water Commodity Rates with Pass-Through Adjustments (A) (B) (C) (D)
Adopted 2025 Commodity Proposed 2025 SDCWA Proposed 2025 Commodity Customer Class Rates ($/eel) Pass-Through Adjustment R11tes ($/eel) Single Family Residential
Tier I: 0-20
Tier 2: 21-56
Tier 3: 57+
Multi-Family Residential
[ Landscape I;rigation ~
I Non-Residential
[ City-Potable Usage_ ~
12 of 12
L
I
$6.40
$7.46
$10.37 ----
$6.56
$9.09 -- -----
$6.97 -----
$6.97
$0.32
$0.32
$0.32
$0.32
$0.32
$0.32
$0.32
$6.72
$7.78
$10.69
$6.88
$9.41
$7.29
$7.29