AG EN DA Poway City Council
Council Ch amber I 13325 Civic Center Drive I Poway, CA I 92064 October 21, 2025 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 online. 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
Peter De Hoff
Deput y Mayor
Tony Blain
Councilmember
Jenny Maeda
Councilmember
Christopher J. Pikus
Councilmember
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 15, 2025 Regular City Council Meeting Minutes
3. Second Reading and Adoption of Ordinance No. 877 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Title 10 (Vehicles and Traffic) of the Poway Municipal Code to Establish Regulations on Electric Bicycles, Including Prohibiting Their Use by Children Under 12"
4. Adoption of the 2026 City Council Meeting Calendar
5. Award of Agreement to Progressive Technology Security Systems, Inc. for Monitoring and Service of Fire and Security Alarm Systems; RFP No. 26-004
6. Award of Contract to Gateway Pacific Contractors, Inc. for Lester J. Berglund Water Treatment Plant Filter Upgrades, Bid No. 26-002
7. Acceptance of the FY 2022-25 CMP Repair Project with Nu Line Technologies, LLC, as Complete ORDINANCES FOR INTRODUCTION: None
2 of 3 Regular City Council Meeting October 21, 2025
PUBLIC HEARINGS:
8. Fiscal Year (FY) 2026-2027 Community Development Block Grant Program City Manager's Recommendation: It is recommended the City Council 1) Adopt a Resolution authorizing the submission of four applications for the FY 2026-2027 CDBG program; 2) Authorize the appropriation of $199,261.14 to the CDBG Fund (F2410) from the General Fund (F1000), as a loan, to fund the proposed FY 2026-2027 CDBG program upon approval by the County; and 3) Authorize the City Manager to execute all necessary contracts with the County.
STAFF REPORTS: None
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Includ ing any pub lic repo rt of any action taken in closed session) CLOSED SESSION:
9. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code§ 54956.9(d)(2) - Significant Exposure to Litigation
10. Conference with Legal Counsel - Existing Litigation - Two (2) Cases Pursuant to Government Code§ 54956.9(d)(1)
Name of Cases: Endangered Habitats League v. City of Poway, San Diego County Superior Court, Case No. 25CU030278C; Preserve Wild Poway, et. al. v. City of Poway, San Diego County Superior Court, Case No. 25CU033019C
ADIOURNMENT:
State of California
County of San Diego
)
) ss.
)
AFFIDAVIT OF POSTING
I, Ellis Webster, Deputy 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 14, 2025.
Said meeting to be held at 7:00 p.m., October 21, 2025, 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. 3 of 3 Regular City Council Meeting October 21, 2025
AG EN DA REPORT City of Poway
DATE:
TO:
FROM:
CONTACT:
October 21, 2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ·/(�
Carrie Gallagher, City Clerk
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the July 15, 2025 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• July 15, 2025 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 15, 2025 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A July 15, 2025 Regular City Council Meeting Minutes
Reviewed/Approved By:
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager
1 of 12
October 21, 2025, Item #2
2 of 12
October 21, 2025, Item #2
ATTACHMENT A
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
July 15, 2025
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: Tony Blain (via teleconference), Jenny Maeda, Christopher J. Pikus, Peter De Hoff, 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; Director of Finance Craig Schmollinger; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Fire Chief Brian Mitchell; Captain Claudia Delgado, San Diego County Sheriff's Office.
(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 De Hoff led the Pledge of Allegiance.
MOMENT OF SILENCE:
Mayor Vaus led a moment of silence.
PRESENTATIONS:
None.
3 of 12
October 21, 2025, Item #2
City of Poway -Minutes -July 15, 2025
PUBLIC COMMENT:
Joe St. Lucas expressed concerns regarding the public's ability to remotely participate in public comment from the teleconferencing location of a participating Councilmember.
Anita Anders spoke in support of City leadership and discussed volunteer efforts for the Recall Tony Blain campaign.
Yuri Bohlen expressed gratitude for the City's two (2) 4th of July fireworks shows and shared his concerns over individuals condoning Councilmember Blain's behavior.
Anita Edmondson addressed misconduct concerns related to Councilmember Blain and provided an update on the Recall Tony Blain campaign.
John Mullin shared updates on the Recall Tony Blain campaign.
CONSENT CALENDAR:
Motioned by Deputy Mayor De Hoff, seconded by Councilmember Pikus to approve Consent Calendar Items 1 through 4. Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Blain, Maeda, Pikus, De Hoff, 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 April 15, 2025, and July 1, 2025 Regular City Council Meeting Minutes
3. Acceptance of the Reservoir R-4 and R-7 Rehabilitation Project with Unified Field Services Corporation, as Complete
4. Rejection of Received Bids for the Fiber Optic Improvement Project, Bid No. 25-014, and Direction to Staff to Re-Scope, Consider Alternative Options and Potentially Re-Advertise the Project if Warranted
Councilmember De Hoff highlighted the rejection of the bid as a fiscally responsible decision and praised the City's Budget Review Committee for encouraging this approach, contrasted by practices in other California cities where competitive bidding is eroded by political ambition and Project Labor Agreements (PLAs).
Deputy Mayor De Hoff spoke in opposition to PLAs for restricting contracts to union-only labor, reducing competition, increasing costs, and often leading to single or repeated bids from the same contractors. He warned that fiscal impacts from these policies are gradual but damaging, leading to higher taxes, fewer services, and broken city budgets.
ORDINANCES FOR INTRODUCTION:
None.
4 of 12
October 21, 2025, Item #2
City of Poway -Minutes -July 15, 2025
PUBLIC HEARINGS:
5.-11. 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 5 through 11 at 7:22 p.m.
Senior Management Analyst Danielle McIntosh presented the report along with a PowerPoint presentation for Items 5 through 11. 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 2024-25 with the exceptions of LMD 86-2B and LMD 86-3B, 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 B fund street lighting throughout the City and assessments from Zone C fund maintenance and operation of traffic signals, flashing beacons and related equipment. FY 2025-26 assessment rates for the PLO are to remain unchanged at the FY 2024-25 rates for all three zones.
Public Comment:
Toni Bates, on behalf of the Landscape Maintenance District Advisory Group, spoke in support of Items #5 -11.
End of Public Comment.
Mayor Vaus closed the Public Hearing for Items 5 through 11 at 7:30.
Council discussion ensued, with members emphasizing the importance of finding a balanced solution to serve the interests of LMD residents and the City as a whole. The conversation focused on the dual priorities of public safety and aesthetic upkeep. Council acknowledged resident feedback regarding the current assessment structure, particularly concerns about rising costs, and highlighted the City's ongoing financial support of the LMDs.
5. Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2025-26 Motioned by Mayor Vaus, seconded by Councilmember Pikus to adopt Resolution No. 25-026 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 2025-26." Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Blain, Maeda, Pikus, De Hoff, Vaus
None
None
None
None
5 of 12
October 21, 2025, Item #2
City
of
Poway
-
Minutes
-
July
15,
2025
6. Resolution
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
83-1
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2025-26
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pikus
to
adopt
Resolution
No.
25-027
entitled
"A
Resolution
of
The
City
Council
of
The
City
of
Poway,
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
2025-26."
Motion
carried
5/0
by
the
following
roll-call
vote:
Ayes: Noes: Abstained: Absent: Disqualified:
Blain,
Maeda,
Pikus,
De
Hoff,
Vaus
None None None None
7. Resolution
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
86-1
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2025-26
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pikus
to
adopt
Resolution
No.
25-028
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
2025-26."
Motion
carried
5/0
by
the
following
roll-call
vote:
Ayes: Noes: Abstained: Absent: Disqualified:
Blain,
Maeda,
Pikus,
De
Hoff,
Vaus
None None None None
8. Resolution
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
86-2
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2025-26
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pikus
to
adopt
Resolution
No.
25-029
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
2025-26."
Motion
carried
5/0
by
the
following
roll-call
vote:
Ayes: Noes: Abstained: Absent: Disqualified:
Blain,
Maeda,
Pikus,
De
Hoff,
Vaus
None None None None
9. Resolution
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
86-3
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2025-26
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pikus
to
adopt
Resolution
No.
25-030
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
2025-26."
Motion
carried
5/0
by
the
following
roll-call
vote:
6 of 12
October 21, 2025, Item #2
City
of
Poway
-
Minutes
-
July
15,
2025
Ayes: Noes: Abstained: Absent: Disqualified:
Blain,
Maeda,
Pikus,
De
Hoff,
Vaus
None None None None
10. Resolution
Establishing
Assessments
for
Poway
Landscape
Maintenance
District
87-1
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2025-26
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pikus
to
adopt
Resolution
No.
25-031
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
2025-26."
Motion
carried
5/0
by
the
following
roll-call
vote:
Ayes: Noes: Abstained: Absent: Disqualified:
Blain,
Maeda,
Pikus,
De
Hoff,
Vaus
None None None None
11. Resolution
Establish
ing
Assessments
for
Poway
Lighting
District
to
be
Collected
on
the
San
Diego
County
Property
Tax
Roll
for
Fiscal
Year
2025-26
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pikus
to
adopt
Resolution
No.
25-032
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
2025-26."
Motion
carried
5/0
by
the
following
roll-call
vote:
Ayes: Noes: Abstained: Absent: Disqualified:
Blain,
Maeda,
Pikus,
De
Hoff,
Vaus
None None None None
12. Resolution
Renewing
the
Fire
Protection
Special
Tax
to
be
Collected
on
the
Property
Tax
Roll
for
Fisca
l Year
2025-26
Mayor
Vaus
opened
the
Public
Hearing
at
7:34
p.m
.
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
calculat
ion
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
$654,429
. 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
2025-2
, the
Fire
Department
budget
is
$17
.2
million,
and
only 4%
of
that
is
covered
by
this
Special
Tax
.
7 of 12
October 21, 2025, Item #2
City
of
Poway
-
Minutes
-
July
15,
2025
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
7:36
p.m.
Responding
to
Council
questions,
City
staff
confirmed
the
assessment
has
remained
unchanged
since
its
initial
implementation
and
does
not
include
any
adjustment
for
inflation
.
City
Attorney
Fenstermacher
further
clarified
that
adding
an
inflationary
adjustment
to
the
assessment would
likely
require
approval
through
a
City-wide
vote
by
residents.
Council
noted
the
item
is
not
a
rate
increase
for
the
Special
Tax,
rather
a
continuation
of
the
tax
at
its
current
level.
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Maeda
to
adopt
Resolution
No.
25-033
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
2025-26."
Motion
carried
5/0
by
the
following
roll-call
vote:
Ayes: Noes: Abstained: Absent: Disqualified:
Blain,
Maeda,
Pikus,
De
Hoff,
Vaus
None None None None
13. A
Specific
Plan
Amendment
(SPA
24-0002)
to
the
Old
Poway
Specific
Plan
(OPSP)
for
the
establishment
of
a
Music
Overlay
District
(MOD)
for
the
existing
Commercial
General
(CG)
Zone
and
EA25-0001,
a
Negative
Declaration
for
the
Music
Overlay
District
(MOD)
within
the
Old
Poway
Specific
Plan
Mayor
Vaus
opened
the
Public
Hearing
at
7:37
p.m
.
City
Planner
Stan
Donn
presented
the
item
along
with
PowerPoint.
Mr.
Donn
explained
the
SPA
was
in
response
to
feedback
from
local
businesses
in
the
Old
Poway
area
seeking
to
provide
musical
entertainment
for
patrons.
The
intent
of
the
amendment
is
to
enhance
the
vibrancy
of
the
area
and
promote
it as
a
community
gathering
space.
In
September
2024,
the
City
contracted
with
Dudek
to
conduct the
necessary
analysis
to
support
the
establishment
of
a
Music
Overlay
District
(MOD).
The
proposed
MOD
is
an
amendment
to
the
Old
Poway
Specific
Plan
(OPSP)
to
permit
musical
performances
within
one
commercially
zoned
area
of
the
plan
and
designated
a
Commercial
General
zone.
Musical
performances
would
be
permitted
with
the
issuance
of
an
Administrative
Use
Permit
(AUP)
and
subject
to
specific
design
standards
and
conditions.
8 of 12
October 21, 2025, Item #2
City of Poway -Minutes -July 15, 2025
Mr. Donn explained the surrounding uses include residential properties and provided slides showing the proposed MOD area and its relationship to nearby parcels.
A noise assessment was conducted by Dudek to evaluate potential impacts from three types of musical entertainment: non-amplified live acoustic music, amplified live music, and prerecorded amplified music. Based on the study and business input, performances would be allowed between the hours of 7:00 a.m. and 10:00 p.m., with a spectator limit of 60 people.
Noise levels must remain in compliance with the Poway Municipal Code (PMC). The noise study identified acceptable sound thresholds for various settings, including outdoor performances and indoor performances.
The AUP would allow for single or multiple events under one permit. Applicants would be required to identify the performance location, anticipated noise levels, and any screening measures, with applications submitted at least 45 days in advance. Staff would evaluate the application, establish conditions of approval, and notify nearby property owners.
Mr. Donn noted a community meeting was held in Council Chambers on October 29, 2024, to present the MOD concept and receive feedback. Over 30 residents participated, with the majority expressing support. A Negative Declaration was prepared, including the noise assessment as a supporting technical study. The project was determined to have no significant environmental impacts.
Staff noted a correction to the SPA text to correctly list musical performance hours consistent throughout the remainder of the document as 7:00 a.m. to 10:00 p.m.
Public Comment:
The following individuals spoke in support of Item #13:
Chris Olps
Sharlene O'Keefe
The following individuals spoke in opposition to Item #13:
Jill LaHaye
The following individuals spoke neutrally on Item #13:
Joe St. Lucas
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:59 p.m.
Council discussion ensued supporting the expansion of live music as a cultural and entertainment potential for Old Poway Park by encouraging business activity and community engagement. Council noted the ordinance would provide a positive move toward regulated live music with clear boundaries and expectations. Council acknowledged the need to balance business interests along with noise protections for residents. 9 of 12
October 21, 2025, Item #2
City of Poway -Minutes -July 15, 2025
In response to Council questions, staff provided further clarification on the permitting process-including the potential for permit revocation, distinctions between the Music Overlay District (MOD) and special event permits, and procedures for noise monitoring.
In response to Council questions, Mark Storm, Acoustic Services Manager at Dudek, explained the context of dBA levels and how the acoustic modeling demonstrates compliance with noise standards for nearby residential areas.
Councilmember Maeda proposed a substitute motion to change the live music start time from 7:00 a.m. to 9:00 a.m. Mayor Vaus offered a friendly amendment to include a six-month review to evaluate the ordinance's overall effectiveness.
Motioned by Councilmember Maeda seconded by Mayor Vaus to: adopt Resolution No. 25-034 entitled "A Resolution of the City Council of the City of Poway, California, Approving an Initial Study and Negative Declaration to the Old Poway Specific Plan (OPSP) Analyzing the Potential Impacts of Specific Plan Amendment (SPA) 24-0002 and Environmental Assessment (EA) 25-0001, for the Establishment of a Music Overlay District (MOD) Allowing Limited Indoor and Outdoor Music for Businesses Located within the Designated Areas of the Commercial General (CG) Zone"; introduce Ordinance No. 875 entitled "An Ordinance of the City Council of the City of Poway, California, Amending the Old Poway Specific Plan (OPSP) to Establish a Music Overlay District (MOD) for Limited Indoor and Outdoor Music for Businesses Located within the Southerly Commercial General (CG) Zone," waive further reading and schedule the adoption of the Ordinance for the August 5, 2025, Regular City Council meeting; and a substitute motion to amend the Project Design Feature Requirement to modify the hours of operation for any outdoor or indoor music event to not begin before 9 a.m. or extend beyond 10 p.m., and to direct City Staff to return to City Council six months after implementation to evaluate the policy's effectiveness and consider potential modifications. Motion carried 4/1 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
STAFF REPORTS:
None.
WORKSHOPS:
None.
Maeda, Pikus, De Hoff, Vaus
Blain
None
None
None
COUNCIL-INITIATED ITEMS:
14. Censure of Councilmember Tony Blain for Abusive and Bullying Behavior Toward City Staff Mayor Vaus presented the item, explaining he made a motion to bring forward the Resolution of Censure against Councilmember Blain at the July 1, 2025 Regular City Council meeting, in 10 of 12
October 21, 2025, Item #2
City
of
Poway
-
Minutes
-
July
15,
2025
accordance
with
the
requirements
of
the
municipal
code.
The
motion
received
majority
concurrence
from
the
Council.
The
basis
for
the
proposed
censure
stems
from
the
results
of
an
independent
investigation,
which
were
discussed
in
detail
at
the
July
1,
2025
Regular
City
Council
Meeting.
The
investigation
reports
indicate
Councilmember
Blain
violated
the
City's
workplace
bullying
policy,
the
City's
Code
of
Ethics,
and
the
Poway
Municipal
Code,
due
to
his
repeated
and
persistent
conduct
toward
both
the
City
Manager
and
City
Attorney
. Evidence
for
these
violations
includes
thousands
of
pages
of
emails,
interviews,
and
other
documentation
.
The
investigation
findings
concluded
Council
member
Blain:
1)
made
abusive
and
offensive
statements
to
both
the
City
Manager
and
the
City
Attorney,
unrelated
to
legitimate
City
business;
2)
made
insulting
and
degrading
remarks
to
both
the
City
Manager
and
the
City
Attorney,
unrelated
to
legitimate
City
business;
3)
made
inappropriate
personal
comments,
belittling
opinions,
or
unjustified
criticisms
toward
both
the
City
Manager
and
the
City
Attorney,
unrelated
to
the
City's
legitimate
business
interests;
and
4)
spread
malicious
gossip,
rumors,
or
innuendo
about
the
City
Attorney.
Mayor
Vaus
concluded
Councilmember
Blain's
actions
are
in
violation
of
the
City's
workplace
bullying
policy
.
In
contrast,
the
investigation
found
no
evidence
to
support
any
of
the
complaints
made
by
Councilmember
Blain
against
the
City
Manager
or
the
City
Attorney.
Public
Comment:
Yuri
Bohlen
spoke
in
support
of
Item
#14
.
End
of
Public
Comment
.
Councilmember
Blain
stated
there
are
no
lawsuits
filed
against
him
and
characterized
the
censure
as
politically
motivated
rather
than
legally
grounded
. He
framed
the
issue
as
a matter
of
differing
opinions
and
power
struggles,
not
misconduct.
He
raised
concerns
about
unelected
individuals
campaigning
for
his
recall
and
reaffirmed
his
own
commitment
to
representing
District
2,
calling
for
unity
and
a
return
to
addressing
core
City
issues.
Council
discussion
ensued.
Council
recounted
prior
conversations
in
which
Mr.
Blain
was
advised
to
cease
his
bullying
behavior
and
urged
him
to
demonstrate
more
integrity.
Council
discussed
a
series
of
past
and
ongoing
incidents
involving
Mr.
Blain,
including
prior
censures,
Brown
Act,
Fair
Political
Practices
Commission
and
Public
Records
Act
violations,
misuse
of
City
email
for
campaigning,
and
personal
attacks
against
City
staff.
Council
also
highlighted
the
City's
ongoing
lawsuit
against
Mr.
Blain,
directly
contradicting
his
earlier
claims
that
no
legal
action
had
been
taken.
Council
noted
despite
repeated
opportunities
to
correct
course,
Mr.
Blain
continues
the
same
behavior
and
cited
specific
examples
of
inappropriate
emails
and
communications.
Council
characterized
Mr
. Blain's
behavior
as
abusive
and
harmful,
particularly
toward
City
staff.
Council
emphasized
the
issue
is
not
political,
but
rather
a
matter
of
protecting
staff
and
maintaining
a
respectful
workplace
and
upholding
City
values
of
professionalism
and
accountability
. Council
expressed
doubt
that
the
censure
would
ultimately
change
Mr.
Blain's
behavior
but
stated
they
could
not
remain
silent
in
the
face
of
abuse
. Council
cited
findings
from
two
independent
investigations,
highlighting
Blain's
repeated
false
accusations
and
conduct
driven
by
malice
and
described
his
actions
as
defamatory
and
a
violation
of
public
11 of 12
October 21, 2025, Item #2
City of Poway -Minutes -July 15, 2025
trust. Council affirmed the City's commitment to protecting staff and refocusing on the community's needs.
Motioned by Councilmember Pikus, seconded by Deputy Mayor De Hoff to adopt Resolution No. 25-035 entitled "A Resolution of the City Council of the City of Poway, California, Censuring Councilmember Arthur (Tony) Blain for Abusive, Insulting Conduct in Violation of City Policies, Poway Municipal Code, and Related Misconduct." Motion carried 4/0/1 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Maeda, Pikus, De Hoff, Vaus
Blain
None
None
None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Blain shared his intention to personally purchase Neighborhood Watch signs if requested by residents and addressed community concerns regarding high water bills and fire prevention. He advocated for local Poway teen centers and discussed the potential formation of a Poway trails association, which would aim to raise funds for trail signage to support the preservation and expansion of Poway's trail system.
Councilmember Maeda announced the Poway Historical Society will be hosting the grand finale to its 60th Anniversary Celebration along Midland Road on Saturday, July 19, 2025.
Councilmember Pikus announced he will be attending the "Picnic with the Chief' event co-hosted by the Poway Kiwanis Club on Wednesday, July 16, 2025 at the Mickey Cafagna Community Center, featuring Poway Fire Chief Brian Mitchell.
Deputy Mayor De Hoff motioned to consider financial penalties for violations of the Brown Act, Poway Municipal Code, Council Code of Conduct, or attorney-client privilege at a future Regular City Council Meeting. Motion carried 4/1 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
CITY MANAGER ITEMS:
None.
Blain, Pikus, De Hoff, Vaus
Maeda
None
None
None
CITY ATTORNEY ITEMS:
(Including any public report of any action taken in closed session) Item #15: City Attorney Alan Fenstermacher reported out City Council voted 5/0 to authorize the City Attorney's office to defend the City in Preserve Wild Poway v. City of Poway, et. al., San Diego County Superior Court, Case No. 25CU033019C
12 of 12
October 21, 2025, Item #2
City
of
Poway
-
Minutes
-
July
15,
2025
City
Manager
Hazeltine
recused
himself
from
Item
#16
and
departed
the
closed
session
meeting
.
Al
Ford
joined
the
meeting
as
Special
Counsel
for
the
discussion
of
Closed
Session
Item
#16.
Item
#16:
City
Attorney
Fenstermacher
reported
out
that
following
Councilmember
Blain's
refusal
to
voluntarily
recuse
himself
after
being
advised
of
a
conflict
of
interest
prohibiting
his
participation
in
this
item
by
independent
special
counsel
, the
City
Council
voted
4-1
(No
: Blain)
to
exclude
Councilmember
Blain
from
the
closed
session
discussion
of
the
claim
against
the
City
that
is
based
solely
on
his
conduct.
The
City
Council
has
repeatedly
repudiated
this
conduct
through
censures
and
other
actions
.
The
City
Council
voted
4-0
(with
Councilmember
Blain
excluded
due
to
conflict
of
interest)
to
not
provide
Councilmember
Blain
a
defense
or
otherwise
fund
his
defense
of
any
lawsuit
filed
by
the
City
Manager
against
Councilmember
Blain
based
on
the
claims
set
forth
in
the
demand
letter,
because
Councilmember
Blain's
conduct
is
both
outside
the
scope
of
any
employment
with
the
City
and
was
done
with
actual
malice.
(See
Government
Code
section
995
.2)
CLOSED
SESSION:
15. Conference
with
Legal
Counsel
-
Existing
Litigation
Pursuant
to
Government
Code
§
54956
. 9(
d)(
1)
Name
of
Case:
Preserve
Wild
Poway
v.
City
of
Poway,
et.
al.,
San
Diego
County
Superior
Court,
Case
No.
25CU033019C
16. Conference
with
Legal
Counsel
-
Anticipated
Litigation
Pursuant
to
Government
Code§
54956
.9(d)(2)
-Significant
Exposure
to
Litigation
One
(1)
Case
ADJOURNMENT: Mayor
Vaus
recessed
the
Regular City
Council
meeting
into
Closed
Session
at
8:54
p.m.
The
meeting
was
adjourned
at
9:53
p.m.
Carrie
Gallagher,
CMC
City
Clerk
City
of
Poway,
California
1 of 10
October 21, 2025, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
October 21, 2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk GfJ--
Carrie Gallagher, City Clerk LA----4+-
(858) 668-4435 or cgallagher@poS/ay.org
CITY COUNCIL
Second Reading and Adoption of Ordinance No. 877 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Title 10 (Vehicles and Traffic) of the Poway Municipal Code to Establish Regulations on Electric Bicycles, Including Prohibiting Their Use by Children Under 12"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council meeting on October 7, 2025. There were no speakers. The City Council made revisions to the Ordinance at the meeting, which are reflected in the version attached hereto (Attachment A): a substitute motion to prohibit bicycle riding on sidewalks within designated business districts, consistent with Poway Municipal Code § 10.40.010, and add provisions related to equestrian safety, specifying when approaching or passing a person riding, leading, or otherwise in control of a horse or other equine animal, the operator of an e-bike must: 1) yield the right of way to the equestrian; 2) reduce speed to no more than five (5) miles per hour, and stop if necessary, until the equestrian signals it is safe to proceed; and 3) refrain from sudden acceleration, loud noises, or any actions likely to startle the animal.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES:
NOES:
MAEDA, PIKUS, DE HOFF, VAUS
NONE
ABSTAINED: NONE
ABSENT: BLAIN
DISQUALIFIED: NONE
It is recommended the City Council adopt Ordinance No. 877. 2 of 10
October 21, 2025, Item #3
Environmental
Review:
None
.
Fiscal
Impact:
None
.
Public
Notification:
An
ordinance
summary
notice
was
published
in
the
Poway
News
Chieftain
on
Thursday,
October
16,
2025
. A
certified
copy
of
this Ordinance
will
also
be
posted
in
the
Office
of
the
City
Clerk
in
accordance
with Government
Code
section
36933.
Attachments: A.
Ordinance
No.
877
Reviewed/Approved
By:
Assistant
City
Manager
Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
City
Manager
ORDINANCE NO. 877
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING TITLE 10 ( VEHICLES AND
TRAFFIC) OF THE POWAY MUNICIPAL CODE TO ESTABLISH
REGULATIONS ON ELECTRIC BICYCLES , INCLUDING
PROHIBITING THEIR USE BY CHILDREN UNDER 12
WHEREAS, the City Council of the City of Poway wishes to adopt rules regarding the use of electric bicycles within the City;
WHEREAS, pursuant to article XI, section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; WHEREAS, use of electric bicycles is an ever-growing public safety concern; w ith the increasing popularity and usage of these devices, particularly among children, traffic safety concerns have been raised by the San Diego Sheriff’s Office, necessitating rules and regulations applicable to these devices to ensure a safer community; WHEREAS, collisions involving electric bicycles result in greater damage to all vehicles, property and individuals involved when compared to traditional bicycle accidents; WHEREAS, Assembly Bill 2234, effective in 2025, added California Vehicle Code section 21214.7, which authorizes local governments in San Diego County to adopt pilot program ordinances prohibiting children under 12 years of age from operating Class 1 or Class 2 electric bicycles, as defined in California Vehicle Code section 312.5, subject to certain requirements; WHEREAS, at the September 16, 2025 City Council meeting, the City Council directed staff to draft and present an ordinance regulating the use of electric bicycles for its consideration; and
WHEREAS, the proposed electric bicycle amendments are exempt from environmental review under the California Environmental Quality Act because they are regulatory and enforcement measures that will not result in any direct or indirect physical impacts on the environment, and which are further exempted from review under the California Environmental Quality Act per California Code of Regulations, title 14, section 15321, which exempts enforcement of laws, general rules, standards, and objectives administered or adopted by the agency from environmental review.
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 10.57 (Electric Bicycles) of the PMC is hereby added to Title 10 to read as follows:
3 of 10
October 21, 2025, Item #3
ATTACHMENT A
Ordinance No.877
10.57.010 Scope
This division shall apply to the use and control of electric bicycles operated upon any City streets, sidewalks, public paths set aside for the use of bicycles, and other property under the jurisdiction of the City of Poway. The provisions contained herein are enacted pursuant to Vehicle Code Division 16.7 (Vehicle Code § 39000 et seq. ), and any rules and regulations adopted thereunder, pertaining to the licensing of bicycles, and California Vehicle Code § 21206 pertaining to the regulation of the operation, use and equipment of bicycles, and are not intended to conflict in any way with the provisions thereof.
10.57.020 Definitions
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bicycle: Bicycle has the same meaning as in California Vehicle Code § 231, as it may be amended by the State Legislature. "Bike" shall mean the same as "bicycle," and the terms may be used interchangeably.
Bicycle dealer: Any person who sells, gives away, buys or takes in trade for the purpose of resale more than five bicycles or e-bikes in any one calendar year, whether or not such bicycles or e- bikes are owned by such person or entity. The term also includes agents or employees of such person or entity.
Bicycle lane: Bicycle lanes have the same meaning as in California Streets and Highways Code § 890.4, as it may be amended by the State Legislature.
Bicycle path: A bicycle path has the same meaning as in California Streets and Highways Code § 890.4, as it may be amended by the State Legislature. A bicycle path may also be referred to as a bicycle trail.
Bicycle route: A bicycle route has the same meaning as in California Streets and Highways Code § 890.4, as it may be amended by the State Legislature.
Electric bicycle: An “electric bicycle” has the same meaning as in California Vehicle Code § 312.5(a), as it may be amended by the State Legislature. “E-bike” shall mean the same as “electric bicycle,” and the terms may be used interchangeably.
Class 1 electric bicycle: has the same meaning as in California Vehicle Code § 312.5(a)(1), as it may be amended by the State Legislature.
4 of 10
October 21, 2025, Item #3
-
Ordinance No.877
Class 2 electric bicycle: has the same meaning as in California Vehicle Code § 312.5(a)(2), as it may be amended by the State Legislature.
Class 3 electric bicycle: has the same meaning as in California Vehicle Code § 312.5(a)(3), as it may be amended by the State Legislature.
Highway: A “highway” has the same meaning as in California Vehicle Code § 360, as it may be amended by the State Legislature.
Traffic: The term “traffic” has the same meaning as in California Vehicle Code § 620, as it may be amended by the State Legislature.
Any vehicles not specifically defined in this code shall share their meaning contained within the California Vehicle Code, as these meanings may be amended by the State Legislature.
10.57.030 Operational Regulations
A. Applicability of traffic laws.
Every person riding an electric bicycle upon a street and/or sidewalk shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle under the laws of the State pertaining to the rules of the road, or by the terms of this Code or other ordinances of this City applicable to the driver of a vehicle, except as to those provisions which by their nature can have no application to electric bicycles and except as otherwise provided in this division.
Nothing in this division overrides any State regulations pertaining to the operation of electric bicycles or other motor vehicles.
Pursuant to California Vehicle Code § 21113, the provisions of the California Vehicle Code relating to traffic upon the highways shall apply to all driveways, paths, parking facilities, and grounds (including but not limited to parks) under the control of the City of Poway where public traffic (as defined in this code) is permitted. Violations of the California Vehicle Code will be enforced and prosecuted according to its provisions.
Nothing in this code prohibits a peace officer, as permitted in the course of his or her official duties, from operating any motor vehicle, bicycle, electric bicycle, equestrian animal, or other official conveyance on any property under the control of the City of Poway.
B. Obedience to traffic-control devices.
It shall be unlawful for any person operating an electric bicycle to fail to obey the instructions of official traffic -control signs and other traffic - control devices applicable to vehicles or bicycles, unless otherwise directed by a police officer.
5 of 10
October 21, 2025, Item #3
Ordinance No.877
10.57.040 Minimum Age to Operate Electric Bicycles
A. No person under 12 years of age may operate or ride a Class 1 or Class 2 electric bicycle within the City pursuant to California Vehicle Code § 21214.7.
B. No person shall knowingly permit a person under 12 years of age to operate a Class 1 or Class 2 electric bicycle within the City.
C. No person under 16 years of age may operate or ride a Class 3 electric bicycle within the City , as required by California Vehicle Code § 21213.
D. No person shall knowingly permit a person under 16 years of age to operate a Class 3 electric bicycle within the City.
10.57.050 Restrictions for Passengers on Electric Bicycles A. No operator under 18 years of age may transport any passengers on any electric bicycle.
B. All persons operating an electric bicycle or riding as a passenger on an electric bicycle shall ride on a permanent and regular seat attached to the electric bicycle, or on a separate seat attached thereto, as required to comply with the requirements of California Vehicle Code § 21204.
10.57.060 Helmet Requirements
A person under the age of 18 must wear a properly fitted and fastened bicycle helmet when riding a bicycle or electric bicycle on a public roadway, bikeway, bicycle path, bicycle trail, or sidewalk. All bicycle and electric bicycle passengers under the age of 18 must also wear a properly fitted and fastened bicycle helmet.
All people operating or riding as a passenger upon a Class 3 electric bicycle shall comply with Section 21213 of the California Vehicle Code by wearing a properly fitted and fastened bicycle helmet.
10.57.070 Speed
A. No person shall operate an electric bicycle at a speed greater than is reasonable and prudent under the existing conditions, and in no event at a speed which endangers the safety of persons or property.
B. No electric bicycle operator shall travel over 28 miles per hour on a public highway. No electric bicycle operator shall travel over 10 miles per hour on a sidewalk. No electric bicycle shall travel at a speed greater than 5 miles per hour on any sidewalk in a school zone or sidewalk adjacent to any school when children are present.
C. No person shall operate an electric bicycle on a bicycle path or bicycle trail at a speed greater than 20 miles per hour, and in any event at a speed greater 6 of 10
October 21, 2025, Item #3
Ordinance No.877
than is reasonable or prudent under the existing conditions, or at any speed which endangers the safety of persons or property.
10.57.080 Parking
A. No person shall leave an electric bicycle lying on its side on any sidewalk, nor shall park an electric bicycle upon the public right -of-way, nor against a building or at a curb, except in such a manner as to afford the least obstruction to pedestrian traffic.
B. No person may leave an electric bicycle lying on its side on any private property that is open to the public in such a manner as to obstruct pedestrian or vehicular traffic.
C. Where appropriate signs are erected, no person shall park an electric bicycle on a public highway in the area designated by such signs.
10.57.090 Operating Electric Bicycles
A. Riding of electric bicycles on any sidewalk, bicycle path, bicycle trail, or roadway is permitted unless prohibited by appropriate signs authorized pursuant to the terms of this division.
B. Whenever any person is riding a bicycle or electric bicycle upon a sidewalk, bicycle path, or bicycle trail, such person shall yield the right -of-way to any pedestrian or equestrian, shall give an audible signal before overtaking and passing pedestrians or equestrians, and shall keep a minimum distance of three (3) feet from any pedestrians or equestrians.
C. No person shall ride or operate an electric bicycle upon any playground, park or school ground not designated as a bicycle path or route.
D. The operator of an electric bicycle shall travel in the same direction as vehicles are required to be driven upon the roadway, regardless of whether or not the operator is in the roadway or in a bike lane. This section also applies to any sidewalk less than eight feet in width, unless there is no accompanying sidewalk on the opposite side of the street, or wherever posted signs prohibit such behavior.
E. Persons riding electric bicycles shall ride upon the appropriate and designated bike trails, pathways, and roadways within parks. No person shall ride an electric bicycle upon any tennis court, shuffleboard facility, soccer field, baseball/softball field, passive lawn areas (natural or synthetic), bocce court, pickleball court, basketball court, water/sediment detention basins, or any other sport-related facility or open field. No person may operate an electric bicycle in any manner that endangers any person (including self) or property.
F. When approaching or passing a person riding, leading or otherwise in control of a horse or other equine animal, the operator of an electric bicycle shall:
7 of 10
October 21, 2025, Item #3
Ordinance No.877
1. Yield to the equestrian;
2. Slow to a safer speed not exceeding 5 miles per hour and, if necessary, stop until the equestrian indicates it is safe to proceed; and
3. Avoid sudden acceleration, loud noise or other actions likely to startle the animal.
G. The City Manager or its designee may post signs along shared- use trials or crossing to notify users of any of the above requirements, specifically including those in subdivisions (F).
10.57.100 Enforcement and Penalties
A. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter or any regulation adopted hereunder.
B. For the first 60 days after the effective date of this chapter, the punishment for a violation of this Chapter shall be a warning notice.
C. After the first 60 days following the ef f ective date of this chapter, violations shall be punishable as follows:
1. A violation of 10.57.040(A)-(B) shall be an infraction with a fine of $25 pursuant to California Vehicle Code § 21214.7.
2. All other violations shall be punishable as an infraction unless City officials or peace officers, upon investigation, determine that the circumstances warrant charging them as misdemeanors. All violations, excluding a violation of 10.57.040(A)-(B), carry a fine of $50 for the first conviction and $100 for the second conviction. A maximum fine of up to $250 may be imposed for each conviction thereafter.
D. If an unem
ancipated minor violates this chapter, that minor’s parent(s) or legal guardian with control or custody of the minor shall be jointly and severally liable with the minor for the amount of the fine imposed, as well as for all other consequences and liability resulting from violations of this Chapter.
E. Any person cited and convicted of three (3) or more infractions of this chapter may be barred from the use of electric bicycle s in City -owned parking structures, lots, parks, or other City facilities.
F. The City shall have the authority to seize and confiscate any electric bicycle operated in violation of these provisions if the owner is not present or cannot be present in a reasonable amount of time. The owner and the owner’s legal guardian will be jointly and severally will be responsible for payment of any associated storage and/or impound fees prior to release of such vehicle. 8 of 10
October 21, 2025, Item #3
Ordinance No.877
G. The City shall have the authority to take and impound electric bicycle s of persons found violating this chapter, and to hold the same for a period not to exceed 30 days. The owner and the owner’s legal guardian will be jointly and severally responsible for the payment of any associated storage and/or impound fees.
SECT
ION 3: Chapter 10.56 (Bicycles) of the PMC is hereby repealed in its entirety.
SECTION 4: Section 10.40.010 of Chapter 10.40 (Miscellaneous Driving Rules) is hereby amended to read as follows, with additions in underline and deletions in strikeout:
10.40.010 Riding bicycles on sidewalks prohibited.
It is unlawful for any person to ride any bicycle, including an electric bicycle, upon any sidewalk in a business district.
SECTION 5: The City Council finds that the adoption of this Ordinance is not a “project” pursuant to the California Environmental Quality Act (“CEQA”).
SECTION 6: 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 7: 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.
//
//
//
//
//
//
//
//
9 of 10
October 21, 2025, Item #3
Ordinance No.877
INTRODUCED AND FIRST READ at a r egular meeting of the City Council of the City of Poway, California, held the 7th day of October, 2025, and thereafter.
PASSED AND ADOPTED at a regular meeting of said City Council held the 21st day of October, 2025, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
________________________________
Steve Vaus, Mayor
ATTEST:
_____________________________
Carrie Gallagher, CMC, City Clerk
10 of 10
October 21, 2025, Item #3
October 21, 2025, Item #4
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
October 21, 2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
Carrie Gallagher, City Clerk
(858) 668-4535 or [email protected]
Adoption of the 2026 City Council Meeting Calendar
City Council to consider and adopt the Meeting Calendar for 2026.
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 2026 Council Meeting Calendar be modified as follows:
• Cancel the January 6, 2026 Regular City Council meeting due to the 2025 holiday schedule's impact on agenda preparation
• Cancel the November 3, 2026 Regular City Council meeting due to the 2026 General Election 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). 1 of 3
October 21, 2025, Item #4
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. Proposed 2026 City Council Meeting Calendar
Reviewed/Approved By:
Assistant City Manager
2 of3
Reviewed By:
Alan Fenstermacher
City Attorney
Ap?fih2.2
Chris Hazeltine
City Manager
October 21, 2025, Item #4
January February March
s M T w T F s s M T w T F s s M T w T F s
-3 1 2 3 4 5 6 7 1 2 3 4 5 6 7
4 5 6 7 8 9 10 8 9 10 11 12 Ill 14 8 9 10 11 12 Ill 14
11 12 13 14 15 m 17 15 m 17 18 19 20 21 15 16 17 18 19 20 21 18-20 21 22 23 24 22 23 24 25 26 -28 22 23 24 25 26 -28 25 26 27 28 29 EJ 31 29 30 31
April May June
s M T w T F s s M T w T F s s M T w T F s
1 2 3 4 1 2 1 2 3 4 -6 5
6 7 8 9 m 11 3 4 5 6 7 -9 7 8 9 10 11 12 13
12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 1811120 19 20 21 22 23 Bl 25 17 18 19 20 21 &J 23 21 22 23 24 25 26 27 26 27 28 29 30 24 fD 26 27 28 29 30 28 29 30
31 July August September
s M T w T F s s M T w T F s s M T w T F s
1 2. 4 1 1 2 3 4 5
5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 -8 9 1011112
12 13 14 15 16 -18 9 10 11 12 13-15 13 14 15 16 17 18 19 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24-26 26 27 28 29 30IJI 23 24 25 26 27 fD 29 27 28 29 30
30 31
October November December
s M T w T F s s M T w T F s s M T w T F s
1 2 3 1 2 3 4 5 • 7 1 2 3 -5 4
5 6 7 8 11110 8 9 10 11112 13 14 6 7 8 9 10 11 12
11 12 13 14 15 16 17 15 16 17 18 .lg I 21 13 14 15 16 171· 19 18 19 20 21 22 m 24 22 23 24 25 • 28 20 21 22 23 24 26
25 26 27 28 29 30 31 29 30 27 28 29 30 31
_J 7 p.m. City Council Meeting, 13325 Civic Center Drive ■ City Holiday
City Offices Closed
3 of3 ATTACHMENT A
October 21, 2025, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
CITY COUNCIL
October 21, 2025
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works
Stephen Jackson, Assistant Director of Public Works for Maintenance Operations (858) 668-4705 or [email protected] ~
Award of Agreement to Progressive Technology Security Systems, Inc. for Monitoring and Service of Fire and Security Alarm Systems; RFP No. 26-004 A request for proposal (RFP) for Monitoring and Service of Fire and Security Alarm Systems was duly advertised on July 31 and August 7, 2025. Two (2) proposals were received and opened on September 4, 2025. Staff reviewed the proposals submitted and determined Progressive Technology Security Systems, Inc. (Progressive Technology) to be responsive and qualified to provide these services. The length of this Agreement shall be 20 months beginning on October 22, 2025, through June 30, 2027.
The Agreement may be extended through a total of three (3) separate one-year terms.
Recommended Action:
It is recommended the City Council award the Agreement for Monitoring and Service of Fire and Security Alarm Systems, RFP No. 26-004, to Progressive Technology Security Systems, Inc. and authorize the City Manager to execute the necessary documents.
Discussion:
Monitoring and Service of Fire and Security Alarm Systems are a critical component of public safety and infrastructure resilience within the City. These systems serve as the first line of defense in detecting fire hazards, unauthorized access, and other emergency events that may pose a threat to life, property, and the continuity of City operations.
Regular monitoring ensures immediate alerts and rapid response in the event of an emergency, significantly reducing the risk of injury, loss of life, or damage to City-owned facilities and assets.
A notice inviting proposals for Monitoring and Service of Fire and Security Alarm Systems was advertised on July 31 and August 7, 2025. Two (2) proposals were received and opened on September 4, 2025. Staff reviewed the proposals submitted and determined Progressive Technology to be 1 of 25
October 21, 2025, Item #5
responsive
and
qualified
to
provide
these
services.
A
summary
of
the
proposals
received
is
listed
in
Table
1 below
:
Table
1:
Progressive
Technology
Security
Systems,
Inc.
AM-TEC
Total
Security
Inc.
The
City
has
maintained
an
agreement
with
Progressive
Technology
for
the
past
16 years
and
rema
ins
satisfied
w
ith
the
quality
of
the
ir services
. Progressive
Technology
has
consistently
met
the
City's
standards
for
monitoring
and
servicing
fire
and
security
alarm
systems
at
27 facilities
throughout
the
City,
including
City
Hall,
the
Community
Center
and
the
Poway
Library.
The
length
of
the
initial
Agreement
shall
be
for
20 months
beginning
October
22,
2025,
through
June
30 , 2027.
The
Agreement
may
be
extended
subject
to
City
Council
appropriation
of
funds
through
a
total
of
three
(3)
separate
one-year
terms
. The
maximum
length
of
the
Agreement
would
be
up
to
five
(5)
years.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Env
ironmental
Quality
Act
(CEQA)
.
Fiscal
Impact:
Sufficient
funds
are
available
in
the
Fiscal
Year
2025
-26
budget
in
account
43045
for
Building
Repair
&
Maintenance
-
Public
Works,
in
several
Divisions
: (201020-Recreation)
$2,858;
(202020-
Lake
Operations)
$2,926;
(203020
-Aquatics)
$9,465;
(204020-
Perform
ing
Arts
Center)
$8
,707
; (205020-
Old
Poway
Park)
$16,358
;
(206020-Library)
$7,622;
(207020
-lnterpreative
Center)
$4,489;
(208020-
Community
Park)
$8,337;
(400060-22000-
Public
Works
Director)
$4,315;
(410060-22000-
Maintenance
Operations)
$9,605;
(413010-22000-Vehicle
&
Equipment
Maintenance)
$1,786;
(414040-22000-
Parks,
Trail
&
Landscape
Maintenance)
$5,
11 O;
(415010-22000-
Facilities
Maintenance)
$2,060;
(501050-Fire
Suppression)
$8,755;
totaling
$92,393.
Amounts
for
subsequent
fiscal
years
will
be
included
in
the
annual
budget
process
for
Council's
consideration
.
Public
Notification:
None
.
Attachments: A.
Standard
Agreement
2 of25
October 21, 2025, Item #5
Reviewed/Approved
By:
Assistant
City
Manager
3 of25
Reviewed
By
:
Alan
Fenstermacher
City
Attorney
a.
)
Chris
a
City
Manager
October 21, 2025, Item #5
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 22nd day of October, 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and Progressive Technology Security Systems, Inc., a California corporation. ("the Contractor").
RECITALS
WHEREAS, City desires to obtain the services for providing monitoring and service of fire and security alarm systems for various City facilities; 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 4 of25 ATTACHMENT A
October 21, 2025, 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 21, 2025, 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:
6 of25
(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; and
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 21, 2025, Item #5
DISCLOSURE DETERMINATION:
[8J 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 21, 2025, 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 21, 2025, 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 oh 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 21, 2025, 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 21, 2025, 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)
11 of 25
October 21, 2025, 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
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By: __________ _
Alan Fenstermacher, City Attorney
12 of 25
PROGRESSIVE TECHNOLOGY SECURITY
SYSTEMS, INC.
By: ___________ _
Phillip Rusthoven, President/CEO
October 21, 2025, Item #5
A.
"SPECIAL
PROVISIONS"
EXHIBIT
"A"
Scope
of
Services.
Contractor
agrees
to
perform
Monitoring
and
Service
of
Fire
and
Security
Alarm
Systems
as
required
by
City,
further
described
in
the
Agreement,
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.
The
City
reserves
the
right
to
modify
the
location
and
tasks
as
deemed
necessary
to
accommodate
the
evolving
needs
of
the
city
parks.
B.
Compensation
and
Reimbursement.
City
shall
pay
Contractor
a
fee
in
accordance
with
the
Fee
Proposals
submitted
in
writing
on
September
4,
2025,
which
is
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.
C.
Term
of
Agreement.
This
Agreement
shall
be
effective
from
the
period
commencing
October
22,
2025,
and
ending
June
30,
2027,
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
period
upon
approval
in
writing
of
the
City
Manager
and
Contractor.
Award
of
the
Contract
and
any
Contract
extensions
are
subject
to
City
Council
appropriation
of
funds.
Each
renewal
period
(fiscal)
after
the
first
two
years
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
June
30,
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. 13
of25
October 21, 2025, Item #5
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."
(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.
14 of 25
October 21, 2025, Item #5
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
15 of 25
To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
Progressive Technology Security
Systems, Inc.
759 West 4th Avenue
Escondido, CA 92025
(Remainder of page intentionally left blank)
October 21, 2025, Item #5
ATTACHMENT 1
1. Purpose.
The purpose of this contract is to provide a comprehensive security monitoring and fire detection system repair and services for City of Poway facilities.
2. 16 of 25
Technical Specifications.
a. Work described as being performed daily shall be performed Monday through Friday from 7:00 a.m. to 4:30 p.m. unless otherwise authorized. b. The determination of the total daily productive man-hour requirements for the performance of all services herein is the sole responsibility of the successful Contractor. It is of the utmost importance that the Contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this solicitation. Failure on the part of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results, which may cause the Director of Public Works to make adjustments to the Contractor's monthly invoice(s) for unsatisfactory or omitted work.
c. The Contractor shall comply with applicable OSHA and Federal regulations under CFR 29; Section 1910.12 for proper training and by providing Material Safety Data Sheets with a list of Contractor recommended chemicals proposed for use within ten (10) days of award of contract.
d. Each Fire and Security Systems, in their entirety, shall be inspected and tested on a bi-annual (twice a year) basis or more often as required by Federal, State or local laws and regulations. Contractor will label each system after inspection. Contractor. will complete and. submit all documentation as required.
e. The City shall have digital, real-time, and on-line (via direct dial-up or the internet) access to monitor and to perform basic administrative duties (add/delete access codes, etc.). The City desires this access from a City computer and requires access privileges for 2 (two) City staff members.
This access will continue to be provided for the duration of the contract. f. All Security and Fire System inspection findings will be submitted to the City upon completion of the inspection with all inadequate findings repaired immediately.
g. All requests for service/repair to Security/Fire Systems shall receive same day service unless otherwise approved by the City. h. Upon acquisition, all Fire System upgrades, modifications, or any other October 21, 2025, Item #5
changes to the system from original, shall have prior approval from the City of Poway, Safety Services Department.
i. The contractor must understand the City's telephone system and maintain service to the dedicated telephone lines while servicing the Security and Fire Alarm System.
j. All components of the Security System must be installed to meet all applicable industry standards.
k. All components of the Fire Alarm System must be installed to meet the specifications of the Safety Services Department.
I. Contractor must be competent in the repair of and have knowledge of the City's Security and Fire Systems.
m. Contractor must be an authorized dealer of the Security/Fire Systems the City currently has in place, including DMP, Nuvico and Hirsch. City can add authorized dealers at their discretion.
3. Maintenance.
a. Contractor shall inform the City's authorized representative of any changes in government code that apply to fire and security alarm systems and any deficiencies in the existing equipment caused by such changes.
b. Contractor shall provide a written estimate for any as-needed repairs and shall not proceed until authorized by the City's authorized representative.
4. Invoices.
The Contractor shall maintain written records of personnel and their work assignments. These shall include hours worked (time in/time out), facility assignment(s), and any work-related accidents, etc. Where the Contractor is required to pay prevailing wages, certified payrolls for each employee shall be maintained by the Contractor as required by Labor Code section 1776. These records shall be made available to the City upon request and must be maintained for not less than ten (10) years. Each assignment will be invoiced separately. Payment may be withheld until all adequate documentation is provided.
When ordering material, no markups will be allowed for ordering, receiving delivery, or distribution of goods.
Separate invoices shall be submitted for each facility.
Note. Travel time is an incidental item.
17 of 25
October 21, 2025, Item #5
FEE
PROPOSAL
TABLE
1:
SECURITY
SYSTEM
Security
System
Facilities
Facil
ities
Address
System
Monthly
Monthly
Cost
for
Monthly
Monitor
ing
Bi-Annual
Testing
Total
Per
Annual
Total
Per
Service
and
Reporting
Fac
ility
Fac
ility
City
Hall
13325
Civic
Center
Hirsch/DMP
$120
.00
$382
.00
$502
.00
$6,024
.00
Dr.
Ma
terials
Handling
Yard
12325
Crosthwaite
DMP
$54
.00
$48.00
$102
.00
$1,224
.00
Cir.
Powav
Librarv
13137
Powav
Rd
.
DMP
$54
.00
$48
.00
$102
.00
$1
,224
.00
Community
Pool
13094
Civic
Center
DMP
$54
.00
$48
.00
$102
.00
$1224
.00
Dr
.
*Mickey
Cafagna
13094
Civic
Center
DMP
$54
.00
$94
.00
$148
.00
$1
,776
.00
Community
Center
Dr.
Old
Poway
Park-Porter
14134
Midland
Rd
.
DMP
$54
.00
$48
.00
$102
.00
$1,224
.00
House/
Templars
Hall
Old
Poway
Park-
Nelson
14128
Mid
land
Rd
.
DMP
$54
.00
$48
.00
$102
.00
$1
,224
.00
House
Old
Poway
Park-
Train
Barn
14134
Midland
Rd.
DMP
$54
.00
$48.00
$102
.00
$1
,224.00
Old
Poway
Park-
Train
14134
Midland
Rd.
DMP
$54
.00
$48
.00
$102
.00
$1,224
.00
Deoot
Poway
Performing
Arts
15498
Espola
Rd
.
DMP
$54
.00
$94
.00
$148
.00
$1
,776
.00
Center
Lake
Poway
Entry
Booth
14644
Lake
Poway
DMP
$54
.00
$24
.00
$78
.00
$936
.00
Rd
.
Lake
Poway Maintenance
14644
Lake
Poway
DMP
$54
.00
$48.00
$102
.00
$1
,224.00
Shop
Rd.
Lake
Poway
Recreation
14644
Lake
Poway
DMP
$54
.00
. $48.00
$102
.00
$1,224
.00
Office
Rd
.
Water
Treatment-All
14521
Lake
Poway
Doorking/
$154
.00
$48.00
$202
.00
$2,424
.00
Security
Systems-Gates
Rd
.
Access
Hirsch
Vehicle
Maintenance
14415
Lake
Poway
DMP
$54
.00
$48
.00
$102.00
$1,224
.00
Rd
.
Garage/Facility
14445
Lake
Poway
DMP
$54
.00
$48
.00
$102
.00
$1
,224
.00
Maintenance
Rd
.
Public
Works
Operations
14467
Lake
Poway
DMP
$62
.00
$48
.00
$110.00
$1,320
.00
Rd
.
Public
Works
Administration
14467
Lake
Poway
DMP
$54
.00
$48
.00
$102
.00
$1
,224
.00
Rd
.
Poway
Museum
14122
Midland
Rd
.
DMP
$54
.00
$48
.00
$102
.00
$1
,224
.00
Kumeyaay
Site
13104
lpai
DMP
$54
.00
$48.00
$102
.00
$1,224
.00
Waavouk
Trail.
Total
for
Security
System
(use
this
amount
for
table
3 below)
$31,392
.00
18 of25
October 21, 2025, Item #5
TABLE
2:
FIRE
SYSTEM
Fire
System
Facilities
Fac
ilities
Address
System
Monthly
Monthly
Cost
Monthly
Total
Annual
Total
Per
Monitoring
for
Bi-Annual
Per
Facility
Facility
Service
Testing
and
Reporting
City
Hall
13325
Civic
FCI
$66
.00
$298.00
$364
.00
$4,368
.00
Center
Dr.
Sports
Plex
12349
Mcivers
DMP
$36
.00
$48
.00
$84
.00
$1,008
.00
Ct.
Materials
Handling
Yard
12325
Ademco
$66
.00
$48
.00
$114
.00
$1,368
.00
Crosthwaite
Cir.
Fire
Station
1 13050
DMP
$36
.00
$70.00
$106.00
$1
,272
.00
Community
Rd
.
Fire
Station
2 16912
Westling
DMP
$36.00
$48.00
$84.00
$1,008.00
Ct.
Fire
Station
3 14322
Pomerado
Siemans
$36
.00
$80.00
$116
.00
$1
,392
.00
Rd
.
Mickey
Cafagna
Community
13094
Civic
DMP
$66
.00
$150
.00
$216
.00
$2,592
.00
Center
Center
Dr
.
Poway
Library
13137
Poway
Rd
.
Fire
Lite
$66
.00
$140.00
$206
.00
$2,472
.00
Porter
House/
Templars
Hall
14134
Midland
DMP
$36
.00
$48.00
$84.00
$1,008.00
Rd.
Nelson
House
14128
Midland
DMP
$36.00
$48.00
$84
.00
$1,008
.00
Rd.
Old
Poway
Park
Train
Depot
14134
Midland
DMP
$36
.00
$48
.00
$84
.00
$1
,008
.00
Rd
.
Old
Poway
Park
Train
Barn
14154
Midland
DMP
$36.00
$48
.00
$84
.00
$,1008
.00
Rd
.
Meadowbrook
Gym
Water
1230
DMP
$54
.00
$48
.00
$102.00
$1
,224.00
Detection
Meadowbrook
Ln
.
Poway
Performing
Arts
15498
Espola
Rd.
EVAX
$36
.00
$188
.00
$224.00
$2
,688
.00
Center
Garage/Facility
Maintenance
14445
Lake
DMP
$66
.00
$48.00
$114.00
$1,368
.00
Powav
Rd
.
Public
Works
Administration
14467
Lake
Fire
Lite
$66
.00
$48.00
$114
.00
$1,368
.00
Powav
Rd
.
Water
Treatment
Control
14521
Lake
Radionics
$66
.00
$24
.00
$90
.00
$1,008.00
Room
Powav
Rd
.
Water
Treatment
Chemical
14521
Lake
Radionics
$66
.00
$24
.00
$90
.00
$1
,008
.00
Room
Powav
Rd
.
Poway
Museum
14122
Midland
DMP
$36
.00
$48.00
$84
.00
$1,008
.00
Rd
.
Kumeyaay
Site
13104
lpai
DMP
$36
.00
$48.00
$84
.00
$1,008.00
Waavouk
Trail.
Total
for
Fire
System
(use
this
amount
for
table
3 below)
$30,336
.00
19 of
25 October 21, 2025, Item #5
TABLE 3: TOT AL FOR ALL SECURITY AND FIRE SYSTEMS
l.mm Description I2ml
1 Total Security System (All Facilities) $ 31,392.00
2 Total Fire System (All Facilities) $ 30,336.00
Grand Total .. I$ __ 6_1_,7_2_8._o_o_ ..
PROPOSAL TABLE HOURLY RA TES UNSCHEDULED WORK
Includes all taxes travel and overhead I
Regular Hours After Hours and Sundays and Service and Installation Mon-Fri Saturday 7:00am-4:30pm (Overtime Hours) Holidays
1 technician, 1 vehicle $190.00 $285.00 $380.00
1 technician $190.00 $285.00 $380.00
1 Vehicle N/A N/A N/A
(Remainder of page intentionally left blank)
20 of25
October 21, 2025, Item #5
EXHIBIT "8"
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 th is 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)
21 of 25
(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 21, 2025, 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:
22 of 25
(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 21, 2025, 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).
23 of 25
October 21, 2025, Item #5
GUARANTY
To the City of Poway, City Council, for:
MONITORING AND SERVICE OF FIRE AND SECURITY ALARM SYSTEMS The undersigned guarantees the work included in this project(s).
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
Contractor
Date
24 of 25
October 21, 2025, Item #5
WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor
By
Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
25 of 25
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
CITY COUNCIL
October 21, 2025
Honorable Mayor and Members of the City C�ncil
Eric Heidemann, Director of Public Works '[
_ 1 \Robert Weber, Principal Civil Engineer, Public Works - Utilities.� \f'J (858) 668-4717 or [email protected] �
Award of Contract to Gateway Pacific Contractors, Inc. for Lester J. Berglund Water Treatment Plant Filter Upgrades, Bid No. 26-002
A request for bids (RFB) for Lester J. Berglund Water Treatment Plant (WTP) Filter Upgrades, Bid No. 26-002, was duly advertised on August 21 and August 28, 2025. A mandatory pre-bid meeting was held on September 4, 2025, and attended by seven (7) potential bidders. Three (3) bids were received and publicly opened on September 18, 2025. Staff reviewed the bids and determined the lowest responsible bidder to be Gateway Pacific Contractors, Inc. (Gateway).
Recommended Action:
It is recommended the City Council award the Contract for Water Treatment Plant Filter Upgrades, Bid No. 26-002, to Gateway Pacific Contractors, Inc., and authorize the City Manager to execute the necessary documents.
Background:
The WTP Filter Upgrades project includes both structural and mechanical upgrades focused on filter deck structures, filters five through eight, and the filter backwash vault. This overall project scope includes the cleaning of interior surfaces of the filter vaults and inlet channel, the complete media replacement for existing filters five through eight, resurfacing and condition assessment of the existing stainless steel surface wash water (SWW) headers, and the installation of necessary pipe supports. In addition, the project includes the replacement of the ductile iron (DI) 90-degree elbow on the SWW header, application of protective coating to the DI SWW piping and fittings, removal and disposal of the existing polyvinyl chloride (PVC) spray system, repair of concrete cracks within the interior filter structures and top slab edge of the filters, rehabilitation of the wash water supply valve, and various other related tasks. The project shall be executed in phases to ensure that no more than two filters are taken offline simultaneously, with filters five and seven taken out of service together, followed by filters six and eight.
Discussion:
City staff prepared a detailed RFB to solicit bids from contractors for the WTP Filter Upgrades Project. 1 of 11 October 21, 2025, Item #6
The RFB was advertised on August 21 and August 28, 2025. A mandatory pre-bid meeting was held on September 4, 2025, and attended by seven (7) potential bidders. Three (3) bids were received and publicly opened on September 18, 2025. After reviewing the bids, City staff determined Gateway to be the lowest responsible bidder to provide the specified services to the City. A summary of the responsive bid results received is listed in Table 1 below showing the bids for Schedule A which includes all project work and Schedule B which additionally includes the replacement of SWW pipes if deemed necessary by the condition assessment.
Table 1: Bid No. 26-002, Lester J. Berglund Water Treatment Plant Filter Upgrades Responsive Bidders Summary
Bidder City Bid Schedule A Bid Schedule B
(Replace SWW Pipe}
ERS, Inc. Fremont, CA $731,782.40 $749,782.40
Gateway Pacific Sacramento, CA $683,600.00 $743,600.00
Contractors, Inc.
Tharsos, Inc. Daly City, CA $1,232,596.00 $1,298,946.00 Gateway's bid was responsive and met the required bid specifications. The contract time for this project is 124 working days with an engineer's estimate of $698,144. Based on the work required to complete the project, Gateway is qualified, and the price is fair and reasonable. Staff recommends awarding the Contract to Gateway for the WTP Filter Upgrades in the total amount of $683,600.
Environmental Review:
The project is categorically exempt from the California Environmental Quality Act (CEQA) and a Notice of Exemption (NOE) has been filed with the State Clearinghouse.
Fiscal Impact:
Sufficient funds are available in the relevant Capital Improvement Program project account WT037 to award this contract for WTP Plant Filter Upgrades for the recommended amount of $683,600. The City proactively planned for this project as part of the development process for the Fiscal Year 2025-26 budget, with funds appropriated from the Water Capital Improvement Fund (5100).
Public Notification:
None.
Attachments:
A. Construction Contract
Reviewed/Approved By:
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
2 of 11
October 21, 2025, Item #6
CONSTRUCTION CONTRACT
CITY OF POWAY
LESTER J. BERGLUND WATER TREATMENT PLANT
FILTER UPGRADES PROJECT
This Contract made and entered into this 22nd day of October 2025, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Gateway Pacific Contractors, Inc., hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows:
1. The complete Contract includes all of the Contract Documents, which are incorporated herein by this reference, and include:
a. This Contract
b. Contract Addenda
c. Contract Change Orders
d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications
f. Contract Plans
g. General Condition
h. Special Conditions
i. Standard Specification for Public Works, most current edition,
2. The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all.
3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Lester J. Berglund Water Treatment Plant Filter Upgrades Project. This project will include the cleaning of interior surfaces of the filters and inlet channel, the full media replacement for existing filters 5 through 8. The resurfacing and condition assessment of the existing stainless steel surface wash water (SWW) headers. The addition of pipe supports for the SWW headers. Replacement of the ductile iron (DI) 90 degree elbow on the SWW header. Coating of the DI SWW piping and fittings.
The removal and disposal of the existing PVC spray system. Crack repair of the interior of the filters. Concrete repair for the top of slab edge at Filter No. 7.
Rehabilitation and repair of the wash water supply valve, pipe supports, and pipe misalignment.
4. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict 3 of 11
October 21, 2025, Item #6
ATTACHMENT A
conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council.
5. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $683,600 the "Contract Price."
City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions.
6. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 124 Working Days after the date specified in the Notice to Proceed.
7. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum of $1,500.00 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City.
By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty.
8. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed.
9. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects.
Travel and subsistence pay shall be paid in accordance with Labor Code§ 1773.1.
10. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. 4 of 11
October 21, 2025, Item #6
11. Contractor and subcontractors shall comply with Labor Code§ 1810 and§ 1811 which stipulates that eight hours labor constitutes a legal day's work, and§ 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code § 1813.
12. Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract.
13. Contractor, by executing this Contract, hereby certifies:
"I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph."
Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California.
14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City.
15. a. Contractor shall procure and maintain at its own expense, until completion of performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors.
Contractor shall provide insurance on an occurrence, not claims-made basis.
Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period.
5 of 11
October 21, 2025, Item #6
b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same.
Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers' compensation requirements.
o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursu�nt to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or 6 of 11
October 21, 2025, Item #6
to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor.
16. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City.
b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits.
e. All insurance polici�s required to be provided by Contractor or ;:my other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors.
17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit 7 of 11
October 21, 2025, Item #6
with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein.
18. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective.
19. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract.
20. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.
21. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract.
22. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns.
23. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances.
24. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.
25. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California.
26. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, 8 of 11
October 21, 2025, Item #6
including, without limitation, the plans of Contractor and any of its suppliers.
Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made with a reasonable time after completion of the work.
27. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City.
28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2.
29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705.
30. a. Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code:
ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications: or
iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
b. Pending a determination by City of appropriate action to be take, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.
d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall 9 of 11
October 21, 2025, Item #6
retain any and all rights that pertain to the resolution of disputes and protests between the parties.
31. This Contract is to be governed by the laws of the State of California.
32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment.
City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof.
(Remainder of page intentionally left blank)
10 of 11
October 21, 2025, Item #6
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written.
Contractor's Name:
Gateway Pacific Contractors, Inc.
By:
Signature
Print Name
Contractor information:
Address for Notices and Payments
Telephone Number: ______ _
Email: ------------
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
11 of 11
October 21, 2025, Item #6
October 21, 2025, Item #7
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
October 21, 2025
Honorable Mayor and Members of the City Council .
Julie Procopio, Director of Development Services~
Miguel Solano, Assistant Engineer
858-668-4653 or [email protected]
CITY COUNCIL
SUBJECT: Acceptance of the FY 2022-25 CMP Repair Project with Nu Line Technologies, LLC, as Complete
Summary:
On August 2, 2022, the City Council awarded the FY 2022-25 Corrugated Metal Pipe (CMP) Repair project contract to Nu Line Technologies, LLC, Bid No. 23-001, in the amount of $82,679.00. This action will accept the project as complete.
Recommended Action:
It is recommended the City Council:
1) Accept the FY 2022-25 CMP Repair Project, as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $22,737.22 if unencumbered, 45 days after City Council acceptance;
4) Release the Nationwide Mutual Insurance Company Bond for Material and Labor in the amount of $82,679.00 after the release of retention; and
5) Retain the Nationwide Mutual Insurance Company Bond for Faithful Performance for a period of one (1) year.
Discussion:
The CMP Repair project is an on-call contract for emergency repair of the highest priority storm drains on an as needed basis. Funds are budgeted annually in the Capital Improvement Program. Storm drain piping that has outlived its useful life is reviewed and included in the contract based on the severity of the pipe deterioration.
This action accepts the FY 2022-25 CMP Repair Project as complete. Nu Line Technologies, LLC has completed all work in accordance with the contract plans and specifications. There were five additional task orders totaling $372,065.45 for the emergency repair of failing CMP storm drain facilities at 11 different locations across the City. The changes addressed deteriorated and collapsed 1 of2
October 21, 2025, Item #7
pipes
that
had
reached
the
end
of
their
useful
life,
sinkholes
caused
by
voids
around
the
storm
drains,
and
unforeseen
conditions
such
as
buried
and
obstructed
cleanouts
and
conflicts
with
existing
tie-ins.
The
work
included
pipe
lining
and
backfill,
void
repairs,
cleanout
adjustments,
and
grading,
all
required
to
restore
structural
integrity
and
ensure
the
continued
safe
operation
of
the
City's
storm
drain
system
. The
final
contract
amount
is
$454,744.45.
Environmental
Review:
The
action
of
acceptance
of
public
improvements,
which
was
the
subject
of
a
prior
environmental
determination,
is
not
considered
a
Project
as
defined
under
Section
15378
of
the
California
Environmental
Quality
Act
(CEQA)
State
Guidelines;
therefore,
pursuant
to
the
CEQA
State
Guidelines
Section
15378(b)(5)
no
environmental
review
is
required.
Fiscal
Impact:
There
are
sufficient
funds
available
in
the
project
account
(DR001)
for
the
release
of
retention.
Funds
were
provided
for
this
project
from
Drainage
funds
231
0 and
2320.
Public
Notification:
None. Attachments: None. Reviewed/
Approved
By:
Assistant
City
Manager
2 of
2 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
Chri
~
City
Manager
October 21, 2025, Item #8
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
October 21, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Service~
Darian Demerjian, Senior Management Analys~\)
(858) 668-4636 or [email protected] \}
CITY COUNCIL
Fiscal Year (FY) 2026-2027 Community Development Block Grant Program The City of Poway is a participating city in the San Diego Urban County Community Development Block Grant Program (CDBG). As such, the City annually receives an allocation of CDBG funds from the County of San Diego (County), rather than directly from the U.S. Department of Housing and Urban Development.
The estimated CDBG funding available to Poway for Fiscal Year (FY) 2026-2027 is $199,261.14. City Staff proposes to continue funding of the HomeShare and Community Connections Program, North County Bridge to Housing Network Shelter System and 2-1-1 San Diego programs for the FY 2026- 2027 CDBG application cycle. In addition, staff proposes funding for an update to the City's Americans with Disability Act (ADA) Transition Plan.
Recommended Action:
It is recommended the City Council:
1) Adopt a Resolution (Attachment A) authorizing the submission of four applications for the FY 2026- 2027 CDBG program;
2) Authorize the appropriation of $199,261.14 to the CDBG Fund (F2410) from the General Fund (F1000), as a loan, to fund the proposed FY 2026-2027 CDBG program upon approval by the County; and
3) Authorize the City Manager to execute all necessary contracts with the County.
Discussion:
The projected CDBG funding available to the City for FY 2026-2027 is $199,261.14. Of this, $20,611.14 is available for reallocation due to unspent funds from previous grant years. Staff proposes to continue to fund the same service and community outreach programs in the same amounts as last 1 of 5
October 21, 2025, Item #8
year.
These
service
providers
have
demonstrated
a record
of
effectiveness
as
further
described
in
this
report.
In
addition,
staff
proposes
funding
for
an
update
of
the
City's
ADA
Transition
Plan
.
Upon
approval
by
the
City
Council,
City
staff
will
submit
FY
2026-2027
CDBG
application
funding
requests
to
the
County
for
the
programs
and
ADA
project
identified
in
this
report.
If
approved
by
the
County,
the
Notice
to
Proceed
for
each
project
should
be
available
by
September
2026.
As
a
requirement
of
the
grant,
the
City
will
allocate
and
expend
funds
for
the
approved
projects
and
programs,
which
are
then
submitted
to
the
County
for
reimbursement.
1. NORTH
COUNTY
BRIDGE
TO
HOUSING
NETWORK
$20,000.00
The
North
County
Bridge
to
Housing
Shelter
Network,
a
collaborative
workgroup
within
the
Alliance
for
Regional
Solutions,
administers
the
program
that
provides
shelter,
meals
and
case
management
support
for
the
North
County
unhoused
population,
including
families.
Contributions
from
Poway
help
fund
year-round
operations
and
enhanced
services
with
an
emphasis
on
bridging
each
individual
and
family
out
of
homelessness and
into
permanent
supportive
housing.
In
FY
2024-2025,
the
shelter
program
served
468
unique
individuals
including
men,
women
and
children
with
157
shelter
beds
in
five
facilities
.
Staff
is
recommending
funding
a
not-to-exceed
allocation
of
$20,000.00
for
FY
2026-2027.
2. 2-1-1
SAN
DIEGO
$16,946.00
To
provide
a broader
scope
of
services
and
resources
to
low-income
Poway
residents,
2-1-1
San
Diego
offers
a wide
array
of
programs
and
services.
Such
services
include
information
and
referral
services,
application
assistance
and
completion
for
CalFresh,
Medi-Cal,
Covered
California
and
children's
services,
as
well
as
streamlined
programs
for
active
military
and
veterans
and
their
family.
The
program
also
includes
24/7
access
to
a
live
Client
Service
Representative.
Furthermore,
the
program
offers
quarterly
demographic
data
reports
of
Poway
callers
that
include
ethnicity,
gender,
race,
age,
zip
code,
household
income,
and
household
size.
The
data
provided
for
the
period
of
FY
2024-2025
show
that
1,220
unduplicated
low-income
Poway
residents
were
assisted,
which
resulted
in
2,826
needs
being
met
and
1,869
referrals
made.
Staff
is
recommending
funding
a
not-to-exceed
allocation
of
$16,946.00
for
FY
2026-2027.
3. HOMESHARE
AND
COMMUNITY
CONNECTIONS
$16,000.00
The
City
contracts
with
ElderHelp
of
San
Diego
to
administer
the
HomeShare
and
Community
Connections
Program.
This
program
connects
low-income
individuals
seeking
affordable
housing
with
Poway
homeowners
who
have
a
room
to
rent
through
shared
housing
matching
services.
The
program
additionally
provides
face-to-face
information
and
referral
services,
as
well
as
providing
access
to
a
variety
of
services
such
as
transportation,
health
services
and
walk
-in
and
phone
consultations
with
ElderHelp
staff
located
on
site
at
the
Mickey
Cafagna
Community
Center.
In
FY
2024-2025,
ElderHelp
assisted
78 low-income
Poway
residents.
Staff
is
recommending
funding
a
not-to-exceed
allocation
of
$16,000
.00
for
FY
2026-2027.
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5 4. ADA BARRIER REMOVAL ASSESSMENT AND TRANSITION PLAN $146,315.14 In FY 2026-2027 funds will be used to conduct an updated comprehensive ADA Barrier Removal Assessment and Transition Plan. The City last completed a comprehensive ADA Barrier Removal Transition Plan in 2004, which identified accessibility deficiencies at 17 Poway parks and public facilities. The information contained in the plan was used by staff to identify ADA barrier removal projects that were eligible for CDBG funding. With the completion of the FY 2025-2026 ADA Barrier Removal Project at Community Park, the City will have completed all projects identified within the assessment.
Staff is recommending funding a not-to-exceed allocation of $146,315.14 for FY 2026-2027.
Environmental Review:
This action is not a "project" as defined under Section 15378(b)(5) of the California Environmental Quality Act (CEQA) State Guidelines; therefore, no environmental review is required. Subsequent National Environmental Protection Act (NEPA) and CEQA environment reviews will be conducted as appropriate from the County of San Diego and the City of Poway for each approved program and project as part of the FY 2026-2027 CDBG grant application process.
Fiscal Impact:
Approval of this item will result in an appropriation of $199,261.14 in the CDBG Fund (F2410) to fund the FY 2026-2027 CDBG Program upon approval of the City's funding applications by the County. The CDBG fund will be intermittently reimbursed by the County for eligible expenditures through the City's allocation of CDBG Funds. The General Fund (F1000) will provide temporary loans to the CDBG Fund, as applicable, in the interim prior to being reimbursed by the County.
Public Notification:
As a condition of CDBG administration, a public hearing must be held to determine the use of the FY 2026-2027 funding. Public notices were published in the Poway News Chieftain on October 9, 2025, and October 16, 2025.
Attachments:
A. Resolution
Reviewed/Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
October 21, 2025, Item #8
October 21, 2025, Item #8
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING THE SUBMISSION OF
APPLICATIONS FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FOR FISCAL YEAR 2026-2027
WHEREAS, the United States Department of Housing and Urban Development (HUD) administers the Community Development Block Grant (CDBG) Program, which provides Federal funds to assist community development activities in urban areas; WHEREAS, the County of San Diego (County) applies for and accepts CDBG funds with respect to its unincorporated areas and local governments that participate in the County's CDBG program known as "Urban County";
WHEREAS, the City of Poway (City) is a unit of general local government that participates in the "Urban County" program;
WHEREAS, the City placed two notices in a newspaper of general circulation indicating the Public Hearing; and
WHEREAS, the City understands and agrees that should the CDBG Program be discontinued, the City would be required to reimburse the County's Housing Development Fund for any affected funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The City Manager or designee is authorized to submit applications for the CDBG Program for Fiscal Year (FY) 2026-2027.
SECTION 2: The City Manager or designee is authorized to appropriate CDBG funding for four projects: North County Bridge to Housing Shelter Network, 2-1-1 San Diego, HomeShare and Community Connections Program and ADA Barrier Removal Transition Plan for FY 202€?- 2027.
SECTION 3: The City Manager is authorized to execute all necessary contracts with the County.
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II
II
II
II
II
II
ATTACHMENT A
October 21, 2025, Item #8
Resolution No. 25-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of October, 2025 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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