PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of April, 2025 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DI SQUALi Fl ED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4 of 9
April 15, 2025, Item #8
SA ltem:6
Board of Directors February28,2025
TransNet Regional Transportation Congestion Improvement Program Proposed Fee Adjustment
Overview
The TransNet Extension Ordinance requires the 18
cities in the San Diego region and the County of
San Diego to collect a Regional Transportation
Congestion Improvement Program (RTCIP) fee from
the private sector for each new housing unit
constructed in its jurisdiction, with certain exceptions, including low income residential units and accessory
dwelling units.
The fee's purpose is to help ensure that future
development contributes its proportional share of the
funding needed to pay for the impact of new growth on
the Regional Arterial System and related regional
transportation facility improvements as defined in the
most recent Regional Transportation Plan adopted by
SANDAG.
Key Considerations
Action: Approve
The Board of Directors is asked to approve a
6% adjustment to the Regional
Transportation Congestion Improvement
Program, raising the fee from $2,875.06 to
$3,047.57 beginning July 1, 2025.
Fiscal Impact:
The Regional Transportation Congestion
Improvement Program (RTCIP) fee would
increase from $2,875.06 to $3,047.57
beginning July 1, 2025.
Schedule/Scope Impact:
Pending SANDAG Board approval, the
adjusted RTCIP fee would become effective
July 1, 2025.
SAN DAG is required to adjust the minimum RTCIP fee amount on July 1 of each year based on an analysis of construction cost indices, but never less than 2%. The purpose of this annual adjustment is to ensure that the RTCIP retains its purchasing power to improve the Regional Arterial System.
Based on an analysis of construction cost trends and relevant indices, staff recommends a 6% fee adjustment to the RTCIP, raising the minimum RTCIP fee from $2,875.06 to $3,047.57 beginning July 1, 2025 (Attachment 1 ). This increase accounts for recent years' inflation and the Construction Cost Index, which has accelerated from its previous low pace. It helps to ensure that the RTCIP fee maintains its purchasing power to complete necessary transportation improvements.
Next Steps
In accordance with TransNet Extension Ordinance provisions 1, each jurisdiction's RTCIP funding program must be submitted for review by the Independent Taxpayer Oversight Committee (ITOC) by April 1 of each year to remain eligible for TransNet Local Street and Road funding. The annual submittal of RTCIP funding programs by local jurisdictions is scheduled for review at the ITOC meeting on April 9, 2025.
Susan Huntington, Director of Financial Planning, Budgets, and Grants Attachment: 1. Discussion Memo
1 Section 9 of the Trans Net Extension Ordinance requires that local jurisdictions establish a program or mechanism for funding the Regional Arterial System. For purposes of the RTCIP, the Regional Arterial System is defined in the most recent Regional Transportation Plan adopted by SANDAG.
5 of9 ATTACHMENT B
April 15, 2025, Item #8
Background
FY 2026 Recommended RTCIP Fee Increase
Discussion Memo
Attachment 1
The TransNet Extension Ordinance requires the 18 cities and the County of San Diego to collect a fee from the private sector for each new housing unit constructed in that jurisdiction for contribution to the Regional Transportation Congestion Improvement Program (RTCIP).1 RTCIP revenue is required to be used to construct improvements on the Regional Arterial System, such as new or widened arterials, traffic signal coordination and other traffic improvements, freeway interchange and related freeway improvements, railroad grade separations, and improvements required for express bus and rail transit.
The Ordinance further requires SAN DAG to adjust the RTCIP fee each year and states that in no event shall the adjustment be less than 2% per year or more than the percentage increase set forth in the Engineering Construction Cost Index (CCI) published by the Engineering News-Record (ENR), or a similar CCI. The purpose of this annual adjustment is to ensure that the RTCIP retains its purchasing power to improve the Regional Arterial System and ensures future development contributes its proportional share of the funding to offset the impact of new growth on the regional transportation infrastructure, as defined in the most recent Regional Transportation Plan adopted by SANDAG.
The RTCI P funding programs fall under the responsibility of the 19 local jurisdictions, which must maintain their RTCIP funding programs and comply with specific administrative requirements to remain eligible for TransNet local street and road funding.
The RTCIP has been implemented in the San Diego region since July 1, 2008. Annual RTCIP fee adjustments, funding program reports, and related audits can be found on the RTCIP page of the SAN DAG Website. Relevant excerpts can be referenced in the TransNet Extension Ordinance and SAN DAG Board Policy No. 031: TransNet Ordinance and Expenditure Plan Rules.
Construction Cost Increases
SAN DAG staff evaluated changes recorded in the ENR Construction Cost Index for Los Angeles (ENR CCI-LA). 2 The index is based on monthly price changes in four areas: lumber, cement, structural steel, and labor. It helps track construction cost fluctuations over time.
Chart 1 shows annual increases in the ENR CCI-LA since Fiscal Year 2009. For over a decade (from FY 2010 through FY 2021 ), construction costs rose by less than 4% per year. FY 2022 marked the first sharp rise in costs (7.9%) and was followed by two more years of strong cost increase (4.9% in FY 2023 and 10% in FY 2024). The data available for FY 2025 show an abrupt drop in cost growth. Construction costs are averaging 1.4% (in the first six months of FY 2025 from July to December 2024). The slower growth is a welcome change and suggests that construction costs are rising at a much slower rate than general inflation.
1 Some types of new construction can be exempted, such as low to moderate-income housing. 2 ENR produces construction cost indices for 20 US cities. SANDAG uses the Los Angeles index as the closest approximation of construction cost trends for the San Diego region. 6 of 9
April 15, 2025, Item #8
10%
8%
6%
4%
2%
0%
Chart 1. Engineering News-Record Construction Cost Index - Los Angeles: Average Fiscal Year Change
*FY25 reflects the first 6 months of data
10.0%
FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23 FY24 FY25* RTCIP Fee Increase Recommendation
Each year, SAN DAG recommends an increase in the RTCIP fee. Staff typically bring this recommendation to the Independent Taxpayer Oversight Committee (ITOC) in February. The approved fee increase takes effect at the start of the new fiscal year (July 1 ).
Fee increases are intended to preserve purchasing power. Chart 2 illustrates how annual construction cost growth has compared to the 2% minimum increase specified in the Ordinance. Between FY 2009 and FY 2024, construction costs rose by more than 2% in nine years and by less than 2% in seven years.
However, the RTCIP fee itself has exceeded the 2% minimum only three times since FY 2009:
• 2.5% in FY 2016,
• 3.3% in FY 2019, and
• 4.9% in FY 2025.
8%
6%
4%
2%
0%
-2%
Chart 2. Difference between CCI ENR-LA and the 2% Minimum Fee Increase *FY25 reflects the first six months.
FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23 FY24 FY25* 3 7 of9
April 15, 2025, Item #8
Chart
3 shows
RTCIP
fees
and
annual
increases
since
FY
2009.
The
FY
2025
increase
was
the
largest
annual
adjustment
to-date,
responding
to
three
consecutive
years
of
sizable
construction
cost
increases.
Between
FY
2021
and
FY
2023,
construction
costs
rose
by
13%
, while
the
RTCIP
fee
grew
by
only
4%,
creating
a
noticeable
gap
. The
FY
2025
fee
increase
helped
to
close
this
gap
.
However,
FY
2024
recorded
another
significant
jump
in
construction
costs,
rising
10%
over
the
fiscal
year
and
further
eroding
the
purchasing
power
of
RTCIP
funds
. Encouragingly,
FY
2025
is
seeing
a
notable
slowdown
in
cost
increases.
Over
the
first
half
of
the
fiscal
year
(July
through
November),
construction
costs
have
increased
by
an
average
of
1.4%
.
Chart
3. RTCIP
Fee
and
Annual
Increases
RTCIP
Incremental
RTCIP%
CCI
Fee
Increase
($)
increase
Increase
FY09
$2,000.00
$-
0.0%
6.1%
FY10
$2,040.00
$
40.00 2.0%
1.0%
FY11
$2,081.00
$
41.00 2.0%
2.2%
FY12
$2,123.00
$
42.00 2.0%
1.4%
FY13
$2,165.00
$
42.00 2.0%
1.3%
FY14
$2,209.00
$
44.00 2.0%
3.8%
FY15
$2,254.00
$
45.00 2.0%
1.8%
FY16
$2,310.00
$
56.00 2.5%
2.6%
FY17
$2,357.00
$
47.00 2.0%
2.9%
FY18
$
2,404.14
$
47.14 2.0%
3.9%
FY19
$2,483.48
$
79 .34
3.3%
1.0%
FY20
$
2,533
.15
$
49.67 2.0%
0.2%
FY21
$2,583
.82
$
50.67 2.0%
1.5%
FY22
$2,635.50
$
51.68 2.0%
7.9%
FY23
$2,688.21
$
52.71 2.0%
4.9%
FY24
$
2,741.97
$
53.76 2.0%
10.0%
FY25
$2,875.06
$
133.09
4.9%
1.4%*
FY26
(Recommended)
$3,047.57
$
230
.01
6.0%
*CCI
increase
for
FY25
reflects
only
July
throuqh
December
data
.
Staff
Recommendation
In
light
of
the
trends observed
in
FY
2024
and
the
first
half
of
FY
2025,
staff
recommend
a
6%
increase
(equivalent
to
$172.50)
to
the
RTCIP
fee
for
FY
2026
. This
proposed
increase
marks
the
first
time
an
adjustment
above
the
2%
minimum
has
been
recommended
for
two
consecutive
years
. Chart
4 illustrates
that
the
recommended
increase
allows
the
RTCIP
fee
to
better
align
with
recent
construction
cost
trends
while
recognizing
the
current
significant
slowdown
in
cost
growth.
This
recommendation
is
less
than
the
10%
increase
observed
in
the
construction
cost
index
. It
strikes
a
balance
between
two
objectives
-
that
is,
reducing
the
risk
of
further
erosion
in
the
RTCIP's
purchasing
power
and
ensuring
continued
investment
in
critical
transportation
infrastructure,
while
simultaneously
recognizing
the
challenges
of
housing
affordability
in
the
region.
4 8
of
9 April 15, 2025, Item #8
1.7 ,-
1.6 II (j) 0
1.5 0 2:. .r:::.
1. 4
~ 2
1.3 C) u Q)
1.2 X Q) u
1 .1
C:
9 of9
Chart
4. CCI
and
RTCIP
Growth
Since
FY
2009
*Based
on
first
six
months
of
FY25
**Based
on
recommendation
for
FY26
Fee
Increase
:
-
RTCIP
-
CCI
Recommended Fee
Increase
:
6% 0
,, 4.9%
5 April 15, 2025, Item #9
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
April 15, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development ServicesCf
Jeff Beers, Capital Projects Manager
(858) 668-4624 or [email protected]
CITY COUNCIL
Award of Contract to Sunbelt Controls, Inc., for the Poway Center for the Performing Arts Heating Ventilation and Air Conditioning Controls Replacement Project, RFP No. 21-013, and Determination the Project is Categorically Exemptfrom the California Environmental Quality Act
This action will award a construction contract to Sunbelt Controls, Inc. (Sunbelt Controls) for the Poway Center for the Performing Arts (PCPA) Heating Ventilation and Air Conditioning (HVAC) Controls Replacement project. The project will replace the existing outdated HVAC control system with a new web-based building energy management and HVAC control system.
Recommended Action:
It is recommended the City Council:
1) Award the contract for the PCPA HVAC Controls Replacement project to Sunbelt Controls, in the amount of $261,570.00 and authorize the City Manager to execute the contract (Attachment A); 2) Make a determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA).
Discussion:
In 2020, the City advertised to replace the HVAC control system in the City Hall and Council Chambers buildings. The project was advertised as a Request for Proposal (RFP) and not a public works contract, as allowed by the Public Contract Code, due to the variable options offered by the industry that affect the quality and cost of the product. With the RFP process, staff have had the opportunity to select the HVAC Controls consultant that offers the options and value for the best price.
The City advertised the RFP on Ebidboard, a web-based advertis-ement service for public works projects used by many local agencies. The City received four proposals which were opened on November 4, 2020 and reviewed by Engineering and Public Works staff. Proposals were received from Sunbelt Controls, Diversified Thermal Services, Automated Controls, Inc. and EMCOR Services. 1 of 22
April 15, 2025, Item #9
The
proposal
from
Sunbelt
Controls
was
complete
and
met
the
City's
objectives
and
requirements
for
the
project
as
outlined
in
the
RFP.
The
selection
of
Sunbelt
Controls
was
based
on
the
ability
of
the
team
to
complete
the
project
within
the
project
schedule,
their
understanding
of
the
scope
of
work,
prior
experience
with
projects
of
similar
types,
qualifications
of
key
personnel
and
the
quality
of
the
products
provided.
The
project
was
awarded
to
Sunbelt
Controls
on
January
19,
2021.
The
award
of
the
original
contract
to
replace
the
HVAC
control
system
in
the
City
Hall
and
Council
Chambers
building
established
Sunbelt
Controls
as
the
City's
standard
for
all
building
HVAC
controls
replacements
and
new
installations
in
the
future.
The
award
of
this
contract
meets
the
criteria
for
sole
sourcing
and
is
exempt
from
bidding
requirements
as
established
in
Section
3.28.080
of
the
Poway
Municipal
Code.
Sunbelt
Controls
has
replaced
the
HVAC
control
system
for
the
mentioned
City
Hall
and
Council
Chambers
buildings,
as
well
as
Fire
Station
3 and
the
Mickey
Cafagna
Community
Center.
Having
the
same
HVAC
control
system
for
all
facilities
has
been
an
advantage
for
the
Public
Works
Staff
as
there
is
only
one
control
system
to
be
familiar
with
and
one
contractor
for
system
repairs
and
updates.
The
PCPA
HVAC
system
regulates
the
indoor
temperature
by
controlling
the
rooftop
air
handlers,
chiller,
boiler,
variable
air
volume
valves
and
terminal
reheat
coils
.
This
project
involves
the
replacement
of
the
motor
actuators,
as
well
as
the
volume
control
dampers
. The
computer,
software
and
wiring
will
also
be
replaced.
The
proposal
received
from
Sunbelt
Controls
is
fair,
reasonable
and
meets
the
requirements
of
the
proposal
specifications.
Environmental
Review:
The
proposed
project
is
Categorically
Exempt
from
CEQA
as
a Class
1 Categorical
Exemption,
pursuant
to
Section
15301
(c)
of
the
CEQA
Guidelines,
in
that
the
project
involves
minor
alteration
to
existing
public
facilities.
Fiscal
Impact:
Sufficient
funds
are
available
in
the
project
account
(MN064)
for
the
award
of
this
contract
with
funds
appropriated
from
the
Capital
Facilities
Fund
(6170).
The
City
proactively
planned
for
this
project
as
part
of
the
annual
budget
process.
Poway
Unified
School
District
(PUSD)
will
reimburse
the
City
35%
of
the
total
construction
costs
upon
completion
of
the
project,
per
the
City
and
PUSD's
joint
use
agreement
for
the
PCPA.
Public
Notification:
None. Attachments: A.
Construction
Contract
2 of
22 April 15, 2025, Item #9
Reviewed/Approved By:
Assistant City Manager
3 of22
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager
April 15, 2025, Item #9
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 16th day of April, 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and SUNBELT CONTROLS, INC., (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to replace or add controls for the Poway Center for Performing Arts (PCPA) HVAC Controls Replacement Project (Project);
WHEREAS, Consultant is a building automation system consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant 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 Consultant 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 on 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 Consultant. During said 60- day period Consultant 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 Consultant 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 delivery of written notice of termination to Consultant.
Such termination shall be effective upon delivery of said notice. 1 4 of 22 ATTACHMENT A
April 15, 2025, Item #9
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant 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. Consultant 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 Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant 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.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant 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.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, 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 Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant 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 Consultant has a financial interest as defined in Government Code Section 87103.
Consultant 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. 2 5 of 22
April 15, 2025, Item #9
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(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 arid 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.
DISCLOSURE DETERMINATION:
IZI 1. Consultant/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. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/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.
Julie Procopio, Director of Development Services
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.
Consultant 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 contract period and for three 3 6 of 22
April 15, 2025, Item #9
(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, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant 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. Consultant represents and warrants to City that Consultant 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 Consultant to practice its profession.
14. Consultant's Insurance.
Consultant 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 Consultant'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 Consultant or any other person for, and Consultant 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 Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant 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 Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
4 7 of 22
April 15, 2025, Item #9
(c) The foregoing obligations of Consultant 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 Consultant, 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 Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant 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 Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant 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 Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant'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 Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant 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 Consultant by giving oral or written notice to Consultant to such effect. 5 8 of 22
April 15, 2025, Item #9
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
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.
Consultant 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 Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant 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," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant 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 Consultant and City relating to the terms and conditions of the services to be performed by Consultant. 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.
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. 6 9 of 22
April 15, 2025, Item #9
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)
7 10 of 22
April 15, 2025, Item #9
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, CMG, City Clerk
APPROVED AS TO FORM:
By: _____________ _
Alan Fenstermacher, City Attorney
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SUNBELT CONTROLS, INC.
By: ____________ _
Jim Boyd, Branch Manager
Date: ------------
8 April 15, 2025, Item #9
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the replacement or addition of controls to existing mechanical units further described in the Scope of Services submitted with the proposals dated January 23, 2025, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated January 23, 2025, which are included in this document as Attachment
1. Total fee is not to exceed Two-Hundred Sixty-One Thousand Five Hundred and Seventy Dollars ($261,570). Consultant's fee shall include and Consultant 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, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant 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. Consultant 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 commence and be effective as of April 16, 2025 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant 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 1 12 of 22
April 15, 2025, Item #9
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) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) 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:
Consultant 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 Consultant:
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City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
Sunbelt Controls, Inc.
735 N. Todd Avenue
Azusa, CA 91702
April 15, 2025, Item #9
Attachment 1
SUNBELT-
co NT RO Ls
January 23rd 2025
Project: Proposal for DDC Controls/ Center for Performing arts SCOPE: Proposal for the Automated Logic® Building Energy Management Control System.
Sunbelt Controls (SBC) is pleased to submit our proposal for the Automatedlogic® web-based building energy management control system (EMS) for Center for Performing Arts. Our scope includes providing labor and materials, as required to complete the installation of the EMS as specified below.
PROPOSED BUDGET:
SUPERVISORY SYSTEM (WebCTRL Front End)
• Supervisory system EMS Web Server with WebCTRL software is existing o No software upgrade as part of this scope
AHU's (1-7) QTY 7
o Provide and Install (QTY 1) GSCE with enclosure for integration to units $261,570.00
• Provide and Install CATS from GSCE to nearest IDF for connection to server • Provide and Install Belimo actuators to replace existing (QTY 14):
• Supply/ Return/ Mixed air dampers
• OA Dampers
• Provide and Install ZS2PL Thermostats (QTY 6)
• Provide and Install the following Temperature sensors • Return Air/ Supply Air/ Mixed Air
• Utilize the existing VFD Control points
o Provide and Install required communication wire for integration to ALC system o All existing sensor wiring to be utilized
o Provide Programs and Graphics to match existing SOO
VAV's (1-8) QTY 8
• Provide and install ZN341 Zone controllers for each VAV (QTY 8) • Provide and Install ZS2PL Thermostats for each VAV (QTY 8) • Provide and install discharge air temp sensors for each VAV (QTY 8) • Provide and Install required communication wire for integration to ALC system • Provide Programs and Graphics to match existing SOO
7:l5 i'-1. Todd /-wenve • Azu,;o • Cl~ 91702 • Phone: 877-786-2332 • Fox: 626-6 i 0-2350 • License 11800423 • sunbeltconlrois.co,n 14 of 22
April 15, 2025, Item #9
CHW and HW Systems
• Chiller
o Provide required ALC Controller for Chiller control
o Points to match existing SOO
o All existing sensor wiring to be utilized
• Cooling Tower
o Provide required ALC controller for Cooling tower Control o Points to match existing SOO
o All existing sensor wiring to be utilized
• Boiler
o Provide required ALC Controller for Boiler Control
o Points to match existing SOO
o All existing sensor wiring to be utilized
• Provide and Install required communicationwire for integration to ALC system • Provide Programs and Graphics to match existing SOO
Exhaust Fan (QTY 15)
• Provide and install ALC controller
• Provide and install exhaust fan Start/ Stop
• Provide and install exhaust fan Status
• Provide and Install required communication wire for integration to ALC system • All existing sensor wiring to utilized
• Provide Programs and Graphics to match existing SOO
Supply Fans
• Provide and install ALC controller
• Provide and install Supply Fan Start/ Stop
• Provide and install Supply Fan Status
• Provide and Install require Damper Actuator
• Provide and Install required communication wire for integration to ALC system • All existing sensor wiring to be utilized
• Provide Programs and Graphics to match existing SOO
Fan Coil Units (QTY 13)
• Provide and install ALC controller
• Provide and install unit enable
• Provide and install Fan Status
• Provide and Install Supply Air Temperature sensor
• Provide and Install ZS2PL Thermostats for each VAV (QTY 13) • Provide and Install required communication wire for integration to ALC system • All existing sensor wiring to be utilized
• Provide Programs and Graphics to match existing SOO
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April 15, 2025, Item #9
AC unit (QTY 1)
• Provide and install ALC controller
• Provide and install Supply Fan Start/ Stop
• Provide and install Supply Fan Status
• Provide and Install Supply Air Temperature sensor
• Provide and Install required communication wire for integration to ALC system • All existing sensor wiring to be utilized
• Provide Programs and Graphics to match existing 500
SERVICES INCLUDED
• Install of the above control system including; control equipment, low voltage wire, mounting and terminations unless otherwise specified
• TAB is not included in the scope.
• Project Management
• System Checkout -point to point validation of each new physical input and output • Standard ALC / Sunbelt commissioning associated documentation • 1-year warranty on all furnished parts and labor
GENERAL PROVISIONS AND CLARIFICATIONS
• All field work to be performed in accordance with the project phasing (Normal working hours of 6am - 4pm) All shift pay and overtime will required an additional approved change order • Proposal does not include any upgrade for the WebCTRL system • All deficiencies (if any) found will be brought to the General Contractors attention and a proposal will be provided upon request
• No repair of any mechanical, electrical, lighting and/or fire smoke systems or devices • Contract acceptance is subjected to Sunbelt Controls standard terms and conditions • Network reliability is dependent on the customer provided Wi-Fi connection. 16 of 22
April 15, 2025, Item #9
Exclusions
• All items below specifically excluded unless defined in the above scope of work o Any warranty of any mechanical equipment.
o All line voltage
o All fire life safety
o Smoke control or UUKL Listing certifications
o 3rd party commissioning
o Lighting controls
o Furnishing or installation of any FLS damper(s) or actuator(s) o LEED (any level) Commissioning
o Cutting, patching or painting of any surfaces
o Any underground conduit installation
o Any bid, payment or performance bonds
o Any permits or governmental fees
o All Low Voltage in-wall conduit
o Furnishing or installation of any Networking Device (Ex: hetwork switch or Wi-Fi router) o Programs and Graphics
o WebCTRL Server
o WebCTRL Software
■ If any excluded items are required a separate proposal will be provided.
Thank you for your attention to this proposal. This proposal is valid from 60 days from the date listed at the top of the proposal. If more time is needed to reach a decision, or if you have any questions, please feel free to call me at any time.
Please note the terms and conditions on the following pages.
Sincerely,
Rusty Caldwell
Project Manager, Sunbelt Controls
(818) 458-3090 I [email protected]
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April 15, 2025, Item #9
Terms and Conditions to Contract
1. All work shall be performed during normal working hours unless otherwise stated herein.
2. Sunbelt Controls agrees to maintain in full force and effect a Workmen's Compensation Insurance policy and a Comprehensive Liability Insurance policy in substantial amounts to protect all parties to this agreement, furnishing certificates of insurance, if required by Buyer.
3. Buyer shall prepare the premises to permit free movement and erection of materials, providing necessary openings, supports, cutting, patching, necessary public utility and steam services, and pay all fees in accordance with codes and ordinances unless otherwise indicated in this Bid Contract.
4. In the event that the Seller encounters any asbestos product or material in the course of performing its work, the Seller shall have the right to immediately discontinue its work and remove its employees from the project, or that portion of the project wherein such product or materials were encountered, until such time as any hazards connected therewith are abated, encapsulated or removed and/or it is determined that no hazard exists; further, Seller shall receive an extension of time to complete its work and compensation for delays encountered and compensation for any change in the sequence of method or its work occasioned as a consequence of said encounter.
5. Sunbelt Controls extends manufacturer's standard warranties on all new equipment, misuse or abuse excepted, for a period not to exceed one year from date of first beneficial use, which shall be defined as the Start-up Date. Sunbelt Controls guarantees most, but not all, repaired materials, parts and labor for a period of ninety (90) days from the date of first beneficial use. There are no warranties, expressed or implied, other than the above unless so noted herein. Seller shall not be liable for any consequential damages including, but not limited to, liquidated damages, loss of rent, interest expense, extended overhead or any other delay damages of any kind, nature or description. It is expressly understood and agreed that the only liability of Seller is to replace defective workmanship or material as herein above set forth.
6. Sunbelt Controls will not replace any refrigerant loss caused by defects in the equipment, material, parts, or workmanship furnished under this contract. Replacement of refrigerant due to failure or defects of items furnished by Seller is not included as a part of this agreement.
7. Sunbelt Controls shall not be liable for the corrosive or erosive action of liquids and/or gases upon the equipment specified and no part of such equipment shall be deemed defective by reason of its failure to resist physical or chemical action of such elements or items upon such equipment.
8. This agreement shall not be binding until duly accepted by an authorized officer of Sunbelt Controls. No person has authority to make or claim any representation, warranty, term, promise, or condition, expressed or implied, statutory or otherwise, which is not expressed herein. This agreement constitutes the entire agreement between the parties and supersedes and revokes any previous agreement, written or oral, with respect to the labor and equipment covered hereby and may not be amended or modified except in writing executed by the parties hereto.
9. Under no circumstances shall the liability of Seller arising out of the sale or erection of the equipment hereunder, or arising out of its use, whether on warranties or otherwise, in any case exceed the lesser of the following: (a) Cost of correcting defects in the equipment or workmanship; or (b) the difference in value between the installation as installed and the cost of the original installation thereof, if installed strictly as in the contract documents set forth. And in no event shall any claims be made by either party against the other for consequential damages.
10. The Seller shall not be bound by any plans and specifications or conditions, existing or otherwise, that have not been presented to or delivered to it for the purpose of submitting this bid, nor shall the Seller be bound by any city ordinances, State laws or other governmental regulations not in effect at the time of submitting this bid, or which had become obsolete and which no longer was enforced by such public body enacting the same.
11. The Seller shall be excused for any delay in completion of this Bid Contract caused by acts of God, including but not limited to, wind, rain, flood, storm, landslide, subsidence and earthquake; acts of neglect of owner or architect or by any employee or agent of either; acts of neglect of separate contractors employed by owner; acts of public utilities or governmental or public bodies or their agents; material shortages; labor trouble, labor slowdowns; strikes; union activity causing a reduction in productivity; fire; casualty; delay in transportation; changes ordered in the work; failure of Buyer to make payments to Seller as required under this Bid Contract, or other causes beyond the reasonable control of Seller, any of which shall automatically entitle Seller to reasonable or necessary extensions of the completion date of the work and to an equitable adjustment of the contract price to compensate Seller for all costs and expenses of additional labor, service, equipment or material and extended overhead resulting from any such delay. If any of the materials specified are not readily available, the Seller may substitute equally efficient materials or fixtures of generally similar character in lieu of the equipment, materials or fixtures specified, and it shall allow any differential between the 18 of 22
April 15, 2025, Item #9
original cost of the materials specified and the materials furnished. In the event of inability to obtain labor at union scale or without paying a premium above such scale, Seller may delay performance until same shall be obtainable without premium payment or at the option of the Buyer the latter may require the use of materials or labor requiring the payment of such excess cost, but upon condition that the Buyer shall pay such excess.
12. No additional work will be performed unless it is authorized in writing by the Buyer. If the Buyer refuses to sign a written work authorization or change order for the extra work, Seller reserves the right to refuse to perform the extra work.
13. Should either party hereto bring suit in court to enforce the terms hereof, any judgment awarded shall include court costs and reasonable attorney's fees to the successful party.
14. Seller assumes no responsibility for the design on those jobs where Seller prepares working or shop drawings from designs furnished by others. Seller assumes no responsibility whatsoever for design or operative end result under any contract unless there is affirmatively stated on the obverse side of this Bid Contract, a direct undertaking on Seller's part so to do.
15. Seller may suspend further performance under this Bid Contract upon three (3) days written notice to the Buyer in the event the Buyer is in breach of this Bid Contract for breach other than non-payment. Notice need not be given if work is suspended due to non-payment or due to the failure of the Buyer to pay for change orders as provided herein. In the event Seller elects to suspend performance, Seller shall be entitled to remobilization costs, including profit and overhead, upon the Buyer bringing payments current or issuing proper change orders for extra work. Such costs will equal actual losses sustained by Seller in terminating and restarting work.
16. This contract is entered into upon the understanding that in the prosecution of any work herein specified Seller will be allowed sufficient time for the performance of said work on the basis of a normal eight-hour day, and in the event that Buyer or any subcontractor require Seller to perform such labor on an overtime basis, then such additional expense of every kind and character as Seller may be required to incur on account of said overtime labor, shall constitute an additional charge herein.
17. It is agreed that Buyer is to provide without cost to Seller, proper hoisting conveyances and scaffolding (including the use of engineer) at times so as to not delay Seller's part of the work, unless otherwise indicated in this proposal.
18. Any loss or damage to Seller's work, materials or equipment occurring at the site of the project occasioned by fire, flood, earthquake, windstorm, riot or civil commotion shall be protected by Builders Risk Insurance procured by the contractor or owner without cost to Seller and Seller shall receive a proportionate share of the amount of any payment loss under any such policy or policies according as Seller's interest may appear.
19. Notwithstanding any provision in the plans, specifications, contract between prime contractor and owner, general conditions, or any contract documents executed by and between contractor and owner having to do with the subject now stated, Seller shall not be liable for the cost of correcting defects occasioned by the acts or omissions of employees of other subcontractors, the prime contractor, owner or any segregated contractor, to work performed by Seller. Before Seller proceeds with any corrective work to repair such damage, the prime contractor, or other person contracting with Seller in this Bid Contract, shall give Seller an unqualified instruction to proceed with the work upon their responsibility to compensate Seller therefore as an extra.
20. The Seller expressly reserves the right to assign all or any portion of its rights and/or duties under this Bid Contract with or without notice to the Buyer herein.
21. In the event of a conflict between the terms and conditions of this Bid Contract and terms and conditions stated in the plans and specifications, or any other contract document, including the prime contract between owner and prime contractor, the terms of this Bid Contract shall govern.
22. If, in Seller's opinion, Buyer's credit becomes impaired, Seller may, at its option, suspend work and deliveries under this contract until it has received full settlement or security for services rendered and are satisfied as to Buyer's credit for further shipments. If Buyer fails or refuses to make such payment, or give such security, then the full amount due under this contract at such time, for labor and material and/or equipment furnished shall immediately become due and payable and Seller shall have the right and the option to terminate this agreement. In the event that a suspension of this contract is required because of Buyer's doubtful credit, an extension of the time fixed for the performance of this contract equal to the time of such suspension, shall automatically occur. If legal action is filed to effect collection of any sums due hereunder, Seller shall be entitled to reasonable attorney fees in addition to all other damages found to be due hereunder. 19 of 22
April 15, 2025, Item #9
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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(l)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 any unemployment insurance compensation arising out of prior employment subject to this section with 1 April 15, 2025, Item #9
Cal Gov Code § 7522.56
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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(l)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.
(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.
2 April 15, 2025, Item #9
Cal Gov Code § 7522.56
(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 ofretirement 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 of 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:
Note--
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) 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).
3 22 of 22
April 15, 2025, Item #10
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
April 15, 2025
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
[email protected]
CITY COUNCIL
Ordinance to Amend Poway Municipal Code Regarding Conduct During Physical Attendance at City Council Meetings
At the April 1, 2025 Regular City Council meeting, Deputy Mayor De Hoff initiated an item seeking City Council concurrence to bring back for discussion an item instituting rules regarding conduct by City Councilmembers when physically present at a meeting. The City Council provided concurrence 3-0, and as a result, the attached draft Ordinance (Attachment A) is being presented to the City Council for consideration.
If approved, the Ordinance would amend the Poway Municipal Code (PMC) to require any member of the City Council physically present at a City Council meeting to request a recess to leave the dais during any portion of an ongoing City Council meeting. Any request for a recess shall be granted, unless the quantity or duration of the requested recess(es) would materially disrupt the meeting. Leaving the dais during an ongoing City Council meeting not in recess shall be considered an absence from the meeting without permission.
If approved, this Ordinance will also amend the PMC to provide that a City Councilmember physically present at a City Council meeting who physically leaves the dais during any part of an item without a recess shall not be permitted to participate in, make comments on, or vote on that item or any subsequent items introduced while they are absent from the dais.
Recommended Action:
It is recommended the City Council introduce the attached Ordinance (Attachment A) for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the May 6, 2025 regular City Council meeting.
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April 15, 2025, Item #10
Discussion: As
mentioned
above,
the
Ordinance
will
amend
the
PMC
to
require
any
member
of
the
City
Council
physically
present
at
a
City
Council
meeting
to
request
a
recess
to
leave
the
dais,
and
if
any
member
of
the
City
Council
leaves
the
dais
when
the
meeting
is
not
in
recess,
they
shall
be
considered
absent
from
the
meeting
without
permission.
A
request
for
a
recess
shall
only
be
denied
if
the
request
is
unreasonable
because
the
quantity
or
duration
of
the
requested
recess(es)
will
materially
disrupt
the
meeting.
The
City
Council
may,
by
majority
vote
of
members
present,
override
the
determination
of
the
Mayor
(or
the
member
of
the
City
Council
chairing
the
meeting
in
the
Mayor's
absence),
whether
a
recess
is
reasonable.
A
request
for
a
recess
shall
always
be
granted
if
it
is
needed
due
to
a
medical
or
disability-related
issue.
Additionally,
these
rules
do
not
apply
when
a member
of
the
City
Council
recuses
him
or
herself
from
an
item
as
a
result
of
a
perceived
or
actual
conflict
of
interest,
or
any
other
legally
required
recusal. The
Ordinance
will
also
amend
the
PMC
to
provide
that
a
City
Councilmember
physically
present
at
a
City
Council
meeting
who
physically
leaves
the
dais
during
any
part
of
an
item
without
a
recess
shall
not
be
permitted
to
participate
in,
make
comments
on,
or
vote
on
that
item
or
any
subsequent
items
introduced
while
they
are
absent
from
the
dais.
The
purpose
of
this
amendment
is
to
ensure
all
members
of
the
public
that
take
the
time
to
come
to
a
City
Council
meeting
arid
participate
in
public
are
treated
with
respect,
thpt
City
Council
colleagues
treat
each
other
with
respect,
and
that
all
viewpoints
are
considered
prior
to
speaking
or
acting
on
an
item.
Environmental
Review:
None. Fiscal
Impact:
None. Public
Notification:
None. Attachments: A.
Ordinance
Reviewed/Approved
By:
Assistant
City
Manager
2 of4
Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
Chris
Hazeltine
City
Manager
3 of 4 ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTER 2.18 (MEETINGS)
OF THE POWAY MUNICIPAL CODE RE PHYSICAL
ATTENDANCE AT CITY COUNCIL MEETINGS
WHEREAS, the City Council of the City of Poway wishes to adopt rules regarding Councilmember conduct during City Council meetings, and the threshold for being considered present.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: Chapter 2.18 (Meetings) of the PMC is hereby amended to add new Sections 2.18.190 and 2.18.200, as follows
2.18.190 Attendance Generally
Any member of the City Council physically present at a City Council meeting must request a recess to leave the dais during any portion of the City Council meeting. The request for a recess shall be granted, unless, in the discretion of the Mayor (or the member of the City Council chairing the meeting in the Mayor’s absence), the request for a recess is unreasonable. A request for a recess may be unreasonable only if the quantity or duration of the requested recess(es) will materially disrupt the meeting. Notwithstanding the foregoing, a request for a recess shall not be unreasonable if it is needed due to a medical or disability-related emergency. The City Council may, by majority vote of members present, override the determination of whether a recess is reasonable. Leaving the dais during an ongoing City Council meeting not in recess shall be considered an absence from the meeting without permission.
This Section 2.18.190 shall not apply when members of the City Council recuse themselves from discussion of or participation in any agendized item due to a perceived or actual conflict of interest, or any other legally required recusal.
2.18.200 Attendance During Each Agendized Item
Any member of the City Council physically present at a City Council meeting who physically leaves the dais during any part of an item (including public comment) without a recess shall not be permitted to participate in, make comments on, or vote on that item or any subsequent items introduced while they are absent from the dais.
SECTION 3: The City Council finds that this Ordinance is not a “project” pursuant to the California Environmental Quality Act (“CEQA”).
April 15, 2025, Item #10
Ordinance No.
4 of 4
SECTION 4: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION 5: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Councilmembers voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 15th day of April, 2025, and thereafter.
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 6th day of
May, 2025 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
________________________________
Steve Vaus, Mayor
ATTEST:
_____________________________
Carrie Gallagher, CMC, City Clerk
April 15, 2025, Item #10
April 15, 2025, Item #11
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
April 15, 2025
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works
Robert Weber, Principal Civil Engineer, Public Works -Utilities (858) 668-4717 or [email protected]
Water Infrastructure Improvement Program Update
CITY COUNCIL
This report presents a background and status update on the Water Infrastructure Improvement Program and the associated individual projects, their status, and a look ahead of upcoming activities.
Discussion:
With the goal of increasing the reliability of drinking water for water customers now and for generations to come, the City of Poway (City) is undertaking its largest capital improvement program in the City's history, referred to as the Water Infrastructure Improvement Program (Program). The Program was presented to the City Council as an informational item, to provide updates and to request approval of the various components on March 18, 2020; June 16, 2020; October 20, 2020; November 17, 2020; March 16, 2021; April 20, 2021; June 1, 2021; July 20, 2021; August 17, 2021; April 5, 2022; October 18, 2022; February 7, 2023; May 16, 2023; August 15, 2023; September 19, 2023; and November 19, 2024. A comprehensive summary of the project background and status. including photos and recent time lapse construction video can be found on the project webpage:
https://poway.org/water-projects.
Program Overview
Poway inherited its water distribution system when it became a city in 1980. Safety standards have evolved over time and while the city conscientiously budgeted for water infrastructure improvements, this Program addresses key improvements identified in a mutual agreement with the State of California Water Resources Control Board Division of Drinking Water (DDW). It includes the following three projects:
Phase I -Clearwell Bypass Project
The Clearwell Bypass Project consists of temporary and permanent bypass pipelines, a temporary pump station, a pressure regulating station and two temporary bypass tanks. Each tank has a storage capacity of 1.4 million gallons (MG). The bypass pipelines, pump station and pressure control facility are located within City property at the Lester J. Berglund Water Treatment Plant (Berglund WTP) site, 1 of 10
April 15, 2025, Item #11
as well as the Public Works Operations Yard and parking lot. The two temporary tanks are located on the softball field at Lake Poway Park. This bypass system allows the Clearwell to be taken offline for replacement.
Phase II -Clearwell Replacement Project
The Clearwell Replacement Project consists of replacing the existing lined and covered embankment style Clearwell with two new 4-million-gallon prestressed concrete tanks. The existing Clearwell had reached the end of its useful life and needed replacement to maintain reliable service to Poway residents. The overflow structure of the Clearwell will also be replaced with a new structure designed with industry standard air gaps.
Phase Ill -Treated Water Facilities Project
The Treated Water Facilities Project provides Poway with its first treated water connection and is a cooperative project with the Ramona Municipal Water District (Ramona). The project includes flow bifurcation control valves, a pump station, forebay and a transmission pipeline providing redundancy to the existing single transmission pipeline on Lake Poway Road.
Completed Activities and Current Status
The following is a summary of completed activities and status of each project:
Phase I -Clearwell Bypass Project
The first project in the Program, the Clearwell Bypass Project, is an enabling project for subsequent phases of work. A project overview map is provided as Figure 1. The original Clearwell was an embankment style lined and covered facility originally constructed in 1964. There was no means of bypassing the facility to construct the replacement Clearwell, hence, construction of the bypass project, consisting of above and below ground pipelines, a temporary pump station, a temporary pressure regulating station and two temporary bolted-steel tanks was completed in September 2022.
The project includes a permanent 36-inch diameter cement mortar lined and coated (CML&C) steel bypass pipeline, a temporary pump station to pump water up to the two 1.4 MG temporary tanks, temporary 24-inch diameter bypass piping and a pressure control facility. The bypass system operates by sending treated water through the permanent bypass pipeline to both the distribution system and the temporary pump station from where the temporary tanks are filled, and water is then drawn out of the temporary tanks through the pressure control facility and out into the distribution system in response to demand. System Operators at Berglund WTP control the overall rate of flow through the bypass to mimic the deeper volumetric fill and draw cycles that were performed by the original Clearwell. The bypass system was tested and has been successfully operating since November 2022. This infrastructure enables bypassing the existing Clearwell and facilitated taking it offline for replacement. The Clearwell Bypass Project was completed under budget.
Phase II -Clearwell Replacement Project
The Clearwell Replacement Project is replacing the former Clearwell with two 4 MG circular prestressed concrete tanks. A project overview map is provided as Figure 2. The dual tanks provide redundancy and operational flexibility, allowing one tank to be taken offline for future maintenance and repairs while the other provides continuous, uninterrupted service. The prestressed concrete tanks also provide superior seismic performance and a longer asset life of approximately 75 years.
With this project, the overflow structures will also be constructed with physically separated air gaps, in accordance with the agreement with DOW. This phase of work began in January 2024 with demolition of the existing Clearwell, demolition and removal of conflicting sections of old pipe, mass 2 of 10
April 15, 2025, Item #11
grading and earthwork along with soil processing for subsequent onsite reuse of material, realignment of two large diameter storm drains outside the footprint of the new Clearwell tanks, construction of site retaining walls, construction of a new drain vault and outlet control valve vault, installation of new CML&C steel pipe, subgrade preparation and liner installation, and concrete tank construction. The Clearwell Replacement project is approximately 50% complete and recently reached a significant milestone with initiation of concrete placement for the North Tank floor and walls. Challenges during the project included weather delays in early 2024 and 2025 and the presence of rock throughout the site. However, the project is currently on schedule for commissioning in late Spring of 2026.
Phase Ill -Treated Water Facilities Project
The Treated Water Facilities (TWF) Project will provide Poway with its first treated water supply. A project overview map is provided as Figure 3. The TWF project will fulfill two important reliability and redundancy principles: (1) provide a secondary source of drinking water to the City in the event of either an interruption to the untreated supply or unplanned outage at Berglund WTP, and (2) allow for planned outages at the Berglund WTP to facilitate maintenance and rehabilitation work. Future maintenance and rehabilitation work at Berglund WTP is not currently within the scope of the Program and the TWF project is an important enabling project toward this goal.
The TWF project was originally conceptualized as a new Flow Control Facility (FCF) connected to the San Diego County Water Authority (SDCWA) Ramona Pipeline, which terminates on Espola Road near the Blue Sky Ecological Preserve, a new treated water pipeline on Espola and Lake Poway Roads, and a forebay and pump station on Lake Poway Road. A new pump station is needed to boost pressure from the pressure available in the Ramona Pipeline to the elevation of the new Clearwells. During design it was determined the projected cost of this project configuration was prohibitively high; which prompted staff, the Program Manager, and the Design Consultant to review other options.
In parallel with the determination of the prohibitively high cost of the original TWF project configuration, staff learned that the SDCWA 2024 Master Plan was considering the possibility of converting one of its two existing untreated water pipelines that run through Poway to a treated water pipeline. Had this conversion occurred, the need for new facilities to be constructed for the TWF project would have been significantly reduced. Unfortunately, the SDCWA did not advance this project in their 2024 Master Plan due to water quality degradation concerns.
Staff, the Program Manager, and Design Consultant developed a new TWF project configuration that maximizes use of existing facilities by constructing a connection to the Ramona system immediately downstream of the existing RAM-3 Flow Control Facility (Figure 3) and using existing Ramona and Poway pipelines to deliver SDCWA treated water to the new Clearwell. These existing pipelines were originally constructed so Poway could provide Ramona with an emergency source of treated water from the Berglund WTP during short term outages on the SDCWA treated water system. The proposed TWF project will construct facilities to enable flow of treated water from the SDCWA Ramona pipeline to Poway during times when Poway needs treated water (i.e., when the Berglund WTP is off-line for maintenance or in an emergency) and from Poway to Ramona (i.e., when the SDCWA system is down for maintenance or when Ramona desires to purchase water from Poway). The project includes pipeline modifications, the new forebay and pump station on Lake Poway Road, and a redundant treated water pipeline between the new pump station and the new Clearwells. A Memorandum of Understanding (MOU) with Ramona which sets forth the framework to cooperate during project design was approved by the Council on November 19, 2024. The TWF project is currently on schedule; 3 of 10
April 15, 2025, Item #11
the next steps over the coming months will include negotiating a water exchange agreement with Ramona and final design and environmental compliance.
Related Projects -Interconnections with the City of San Diego In accordance with the City's agreement with DOW, two treated water interconnections to the City of San Diego's system will be constructed. Emergency Interconnection No. 1 will be located on Avenida La Valencia at the Bridle Trail near Pomerado Road and Emergency Interconnection No. 2 will be located on Poway Road from Springhurst Drive in San Diego to Francine Terrace in Poway. Project overview maps are provided as Figures 4 and 5, respectively. These projects, together with the TWF project, will provide treated water in the event of an unplanned outage affecting Berglund WTP.
Emergency Interconnection No. 1 is currently in the design phase and Emergency Interconnection No. 2 will begin design later in 2025.
Next Steps/Look Ahead:
The Program will continue with construction of the Clearwell Replacement Project over the remainder of 2025 and into early 2026. Commissioning the new Clearwell is anticipated in late Spring of 2026 and decommissioning of the bypass and restoration of the Lake Poway softball fields by Fall 2026.
Design and environmental compliance for the TWF project will continue and is anticipated to conclude in late 2025. Design of both emergency interconnections with the City of San Diego will be performed in 2025 into early 2026. Staff will continue to keep the City Council informed of project status and developments.
Recommended Action:
This is an informational item and there is no recommended action.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
Figure 1 -Clearwell Bypass Project
Figure 2 -Clearwell Replacement Project
Figure 3 -Treated Water Facilities Project
Figure 4 -Emergency Interconnection No. 1
Figure 5 -Emergency Interconnection No. 2
4 of 10
April 15, 2025, Item #11
Reviewed/Approved By:
w~~,.~-------
Assistant City Manager
5 of 10
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager
April 15, 2025, Item #11
6 of 10
I Existing J
(clearwell
Temporary Pressure
Control Valves
FIGURE 1
~
Existing Water Pipeline
Existing Storm Drain
• • • • • • Proposed Buried Water Pipeline
Proposed Above•Ground Water Pipeline
Proposed Above•Ground Overflow Pipeline
April 15, 2025, Item #11
7 of 10
FIGURE 2
4.0MG
ID:'k10·
SWD: 16.5'
FFE; 849
. 1·
.. \
..-.-::-· >t"
• ._, .-i'
4.0 MG
m!\_210·
swp: 16.5'
FF: 849
FIGURE 2 -CLEARWELL REPLACEMENT PROJECT
April 15, 2025, Item #11
FIGURE
3 8
of
10 April 15, 2025, Item #11
FIGURE
4 FIGURE
4 -
EMERGENCY
INTERCONNECTION
NO.
1 9
of
10 April 15, 2025, Item #11
FIGURE 5
10 of 10
April 15, 2025, Item #12
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
April 15, 2025
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
[email protected]
CITY COUNCIL
Resolution to Adopt a City Council Policy Requiring all City Council Vacancies Occurring Within the First 18 Months of a Four Year Term to be Filled by Special Election At the April 1, 2025 City Council meeting, Mayor Vaus initiated an item seeking City Council concurrence to bring back for discussion a City Council policy requiring all vacancies in the City Council occurring within the first eighteen (18) months of any City Councilmember's four year term to be filled by a special election, and not by appointment. The City Council provided concurrence 3-0, and as a result, the attached Resolution (Attachment A) adopting the foregoing City Council policy is being presented to the City Council for consideration.
Recommended Action:
It is recommended the City Council approve the attached Resolution adopting a City•Council policy that all vacancies in the City Council occurring within the first 18 months of any City Council member's four year term must be filled by a special election, and not by appointment.
Discussion:
As a general law city, the City of Poway is constrained in how it may fill a vacant seat of the City Council by Government Code section 36512, which requires the City Council to, within 60 days of any vacancy, fill the vacancy by appointment or call a special election. There is less flexibility for the City than would be the case in a charter city or county.
Government Code section 36512(c) allows the City Council to modify the foregoing standard process in three specific ways by ordinance: (1) require all vacancies to be filled by special election; (2) require a special election to fill a vacancy when petitions bearing a specified number of verified signatures are filed, or (3) provide that anyone appointed to fill a vacancy holds office only until a special election, which shall be immediately called along with the appointment. 1 of 4
April 15, 2025, Item #12
As a result of this policy being more narrowly tailored than as written in Government Code section 36512(c), it cannot be adopt as an amendment the Poway Municipal code ("PMC"). However, the City Council may adopt a resolution and City Council policy that all vacancies occurring within the first 18 months of a member of the City Council's four year term will be subject to a special election. Like an amendment to the PMC, it would take a formal action by the majority of the City Council to rescind the policy.
Environmental Review:
None.
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. Resolution
Reviewed/Approved By:
rman
ity Manager
2 of4
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager
3 of 4 ATTACHMENT A
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ADOPTING A CITY COUNCIL POLICY
TO FILL CITY COUNCIL VACANCIES OCCURRING WITHIN THE
FIRST EIGHTEEN MONTHS OF OFFICE BY SPECIAL ELECTION
WHEREAS, the City of Poway is a municipal corporation and general law City in the state of California;
WHEREAS, as a general law city, the City of Poway is constrained in how it may fill a vacant seat of the City Council by Government Code section 36512, which requires the City Council to, within 60 days of any vacancy, fill the vacancy by appointment or call a special election; WHEREAS, pursuant to Government Code section 36512, if a vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, and is filled by appointment, the person appointed to fill the vacancy shall hold office only until the next general municipal election that is scheduled 130 or more days after the date the Council is notified of the vacancy, and thereafter until the person who is elected at that election shall serve the remainder of the term;
WHEREAS, Government Code section 36512 allows the City Council to modify the standard process in three specific ways by ordinance: (1) require all vacancies to be filled by special election; (2) require a special election to fill a vacancy when petitions bearing a specified number of verified signatures are filed, or (3) provide that anyone appointed to fill a vacancy holds office only until a special election, which shall be immediately called; WHEREAS, the City Council of the City of Poway does not believe any of these potential options available under state law are appropriate for every vacancy in the City, but believes that all vacancies occurring within the first eighteen (18) months of a member of the City Council’s four year term should be subject to a special election; and
WHEREAS, pursuant to Government Code section 36512, the City Council cannot adopt an ordinance amending the Poway Municipal Code to include this requirement, but nonetheless wishes to make this an official City Council policy, by the adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: That the above recitals are true and correct, and are incorporated herein by this reference, as if set forth fully herein.
SECTION 2: The City Council hereby finds and declares that its official policy shall be, for all vacancies occurring within the first eighteen (18) months of a member of the City Council four year term, that vacancy shall be filled by immediately calling a special election pursuant to Government Code section 36512(b)(1).
SECTION 3: This Resolution shall take effect immediately.
April 15, 2025, Item #12
Resolution No. 25-
4 of 4
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of April, 2025 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
______________________________
Steve Vaus, Mayor
ATTEST:
________________________________
Carrie Gallagher, CMC, City Clerk
April 15, 2025, Item #12