Loading...
Item 10 - Reso Confirming and Auth Recovery of Costs Incurred to Abate Public Nuisance at 14441 Range Park RoadDATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway October 6, 2020 Honorable Mayor and Members of the City Council Alan Fenstermacher, City Attorney Alan Fenstermacher, City Attorney (858)668-4508 or afenstermacher@poway.org CITY COUNCIL Resolution confirming and authorizing recovery of costs incurred to abate public nuisance at 14441 Range Park Road Following extensive efforts to achieve voluntary compliance, the City Council determined that conditions at 14441 Range Park Road ("Property'') constituted a public nuisance based on violations of the Poway Municipal Code ("PMC") and a stipulated judgment entered by the Superior Court in 2017 ("Stipulated Judgment"), and authorized the City Attorney's Office to obtain an inspection and abatement warrant that would allow forcible abatement of the nuisance. After providing the Property owners with additional time to voluntarily comply with the Stipulated Judgment and the PMC, the City sought and secured such a warrant (Attachment B). Following the issuance of the warrant, the Property owners brought the Property into reasonable compliance with the PMC and Stipulated Judgment. However, State law and the PMC entitle the City to recover its abatement costs, including attorneys' fees and costs, because the City was forced to obtain a warrant to induce compliance. This action requests that the City Council confirm those costs (Attachment C) and authorize recovery from the Property owners, including placing the amounts owed on the property tax rolls, if the confirmed costs go unpaid. Recommended Action: It is recommended that the City Council adopt the proposed Resolution (Attachment A) confirming the costs incurred abating public nuisances, ordering payment, and authorizing recovery of the same, including placement of any uncollected costs on the property tax rolls. Discussion: The City has been engaged in Code Compliance efforts regarding the Property since 1992, largely relating to extensive accumulation of junk. Over the course of many years, the City attempted to secure voluntary compliance with the PMC through a number of methods, including notice of violation letters, conducting on-site inspections, issuing administrative citations, and providing extensions of time. 1 of 38 October 6, 2020, Item #10 In September 2016, after exhausting all efforts to obtain voluntary compliance, the City filed a civil action against the Property owners seeking injunctive relief and damages, alleging that the Property was maintained in violation of a number of applicable property maintenance standards including (i) storage of inoperable vehicles; (ii) keeping more than the maximum number of large animals; and (iii)accumulation of a copious amount of junk. To resolve this lawsuit, the City and the owner entered into the Stipulated Judgment in August 2017, over which the court has continuing jurisdiction to enforce. The Stipulated Judgment contains very specific requirements, including how and where any junk that remains on the Property may be stored (in raised, closed containers, in the back or side yard, set back from neighbors) and numerical limits on the number of large animals permitted on site, among other things. In late 2017 and early 2018, the City conducted a number of on-site inspections to evaluate the progress of compliance with the Stipulated Judgment and observed that, while some progress was made, significant junk in violation of the Stipulated Judgment remained, culminating in an April 24, 2018 Notice of Violation from the City Attorney's Office. Another inspection was conducted on August 15, 2018, resulting in a September 2, 2018 letter from the City Attorney's Office with specific tasks for the Property owners to complete regarding junk, inoperable vehicles and keeping more than nine large animals on the Property. City Code Compliance staff continued to conduct inspections and observed incremental progress through the early part of 2019 with each inspection, although full compliance was never achieved. By early 2020, the condition of the Property had deteriorated from the somewhat improved condition in late 2018 through mid-2019, resulting in a number of new complaints from neighbors. City Code Compliance staff, the Fire Marshall and County Vector Control staff conducted an inspection on April 23, 2020, and discovered that the Property owners were keeping an excess of the maximum permitted nine (9) animals on the Property, and also observed a significant amount of junk in violation of the PMC and Stipulated Judgment. On May 8, 2020, the City Attorney's Office issued the Property owners a Notice of Violation and an administrative citation based on the results of this inspection. The Property owners appealed the administrative citation, but as discussed herein, ultimately voluntarily abandoned that appeal and accepted the citation. Specifically, the May 8, 2020 Notice required the Property owners to abate the following nuisances: (1)storage of junk and inoperable vehicles in violation of the Stipulated Judgment and PMC; (2) more than nine large animals on the Property and (3) the condition of the roof (partially finished, with a tarp covering certain areas). Storage of junk in violation of the City's regulations was listed by the City Attorney as a condition that would have to be abated no more than 30 days from the date of that letter, and notice was given that failure to comply within that time period would result in the City taking action including by way of abatement warrant. City Code Compliance staff conducted additional inspections following this notice, including an inspection on June 8, 2020. While the number of animals had been reduced to nine (and the Property owners provided evidence that the animals have been permanently relocated), and the Property owners applied for and were issued a new permit allowing roof repairs, a significant amount of junk remained on the Property in violation of the Stipulated Judgment and PMC. The Property owners were notified that the City would be seeking an inspection and abatement warrant allowing removal of junk, and the Property owners would be responsible for all of the City's costs if the warrant was obtained. On June 25, 2020, the City successfully obtained an inspection and abatement warrant (Attachment B), and immediately informed the Property owners. City staff conducted an inspection on July 6, 2020, 2 of38 October 6, 2020, Item #10 and observed that a significant amount of junk remained on the Property in violation of the PMC and Stipulated Judgment. Staff conducted another inspection on July 23, 2020, noted minimal progress, and scheduled abatement for July 29, 2020, pursuant to the warrant. On July 27 and 28, 2020, City staff conducted two more inspections, and finally noted significant progress such that the City agreed to allow the Property owners additional time, and re-scheduled the abatement for August 6, 2020. On August 3 and 4, 2020, City staff conducted additional inspections, and determined that the Property was finally in substantial compliance with the PMC and Stipulated Judgment's provisions concerning accumulation of junk, and the abatement was cancelled. After the City cancelled the abatement, the Property owners dropped their appeal of the administrative citation. The City incurred legal expenses and associated court costs throughout this process described above, which total $13,367.23 (Attachment C). These costs only include the legal fees and costs incurred from March through July, 2020 and not at any period before, including the significant amount of work that was done in 2018 in connection with enforcing the Stipulated Judgment. Additionally, this amount does not include any recovery for staff time or other City resources, which have been considerable. While the Property owners ultimately came into substantial compliance with the PMC and Stipulated Judgment's provisions regarding accumulation of junk voluntarily, they did not do so until under the direct threat of City action to remedy the violation under the issued warrant, despite many chances to do so previously, making the costs incurred to obtain the warrant clearly necessary to achieve abatement of the public nuisance on the Property. Accordingly, the City Attorney's Office recommends that the City Council confirm the foregoing costs and authorize recovery from the Property owners, including placing the amounts owed on the property tax rolls, if the confirmed costs go unpaid, pursuant to PMC sections 1.08.01 OU) and 8.72.030 and the terms of the Stipulated Judgment. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Approval of the Resolution will result in the recovery of abatement costs already expended by the City. Failure to adopt the Resolution will result in the City being unable to recover the incurred costs. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday September 24, 2020, and a copy of this report was both sent by certified mail, return receipt requested, to the Property owner, and physically posted at the Property. 3 of 38 October 6, 2020, Item #10 Attachments: A.Resolution B.Inspection and Abatement Warrant C.Invoices for Professional Services Reviewed/Approved By: Assistant City Manager 4of38 Reviewed By: Alan Fenstermacher City Attorney Approved By: c� City Manager October 6, 2020, Item #10 RESOLUTION NO. 20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, CONFIRMING AND AUTHORIZING RECOVERY OF COSTS INCURRED TO ABATE A PUBLIC NUISANCE AT 14441 RANGE PARK ROAD WHEREAS, a public nuisance existed at 14441 Range Park Road, Poway California ("Property"), and as a result, the City Council of the City of Poway ("City Council") declared and determined it was in violation of both the Poway Municipal Code ("PMC") and the August 7, 2017 stipulated judgment ("Stipulated Judgment") between the parties, and directed City staff and the City Attorney's office to take all steps necessary to abate said nuisance, including obtaining and executing an inspection and abatement warrant; and WHEREAS, the Stipulated Judgment authorizes abatement of violations thereof in the same manner as the PMC; WHEREAS, an inspection and abatement warrant was obtained and executed for the Property, and only thereafter when threatened with forcible abatement did the Property owner bring the Property into reasonable compliance with the PMC and Stipulated Judgment; WHEREAS, on October 6, 2020, the City Council held a public hearing to confirm the costs incurred in the abatement of the foregoing public nuisances at the Property in compliance with all applicable provisions of law; and WHEREAS, the owner(s) of the Property was notified of the October 6, 2020 public hearing in the manner required by law, as well as informally well in advance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council confirms that the City of Poway incurred a total of $13,367.23 in costs to abate a public nuisance at the Property, located at 14441 Range Park Road, which the City Council hereby finds is reasonable in amount, and further finds that such costs were necessary in order to abate the public nuisance. SECTION 2: City staff and the City Attorney's office are hereby authorized to take all steps to recover and collect the foregoing costs from the owner(s) of the Property, including placement of these amounts as special assessment on the appropriate property tax rolls, pursuant to Poway Municipal Code ("PMC") section 8.72.030 or any other applicable provision of law, if not voluntarily paid within sixty (60) days of the date of this Resolution. SECTION 3: City staff is further authorized to add 6 percent interest per annum to the $13,367.23 if the foregoing amount is not paid in full within sixty (60) days of the date of this resolution, pursuant to PMC section 8.72.030 and 25 Cal. Code Regs section 70. SECTION 4: All interested parties are hereby notified that judicial review, if desired, shall be sought within the 90-day time limit set forth in Code of Civil Procedure section 1094.6. 5 of 38 October 6, 2020, Item #10ATTACHMENT A Resolution No. 20-XXX Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 6th day of October, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 6 of 38 October 6, 2020, Item #10 1 RUTAN & TUCKER, LLP ft I· t E D t Alan B. Fenstermacher (State Bar No. 278171) Clerk of tile Superior Court 2 afenstermacher@rutan.com Noam Duzman (State Bar No. 213689) JUN 2 5 2020 nduzman@rutan.com 611 Anton Boulevard, Suite 1400 By: T. Cutts , Dep1Jty 4 Costa Mesa, California 92626-1931 Telephone: 714-641-5100 Facsimile: 714-546-9035 6 Attorneys for the CITY OF POWAY 7 Exempt from Filing Fee Pursuant to Government Code section 6103 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 10 FOR THE COUNTY OF SAN DIEGO 11 CITY OF POWAY, Case No. 37-2020-00021s2s.cu-Pr-crL INSPECTION AND ABATEMENT WARRANT 12 13 vs. Plaintiff, 14 MICHAELE. ROTHBART; LAUREL J. 15 16 17 18 19 20 21 22 ROTHBART, Defendants. THE PEOPLE OF THE STATE OF CALIFORNIA: To any employee of the City of Poway, any other law enforcement agency including the San Diego Sheriffs Department, and any authorized contractor or agent of the City of Poway (collectively, the "City"): You are hereby commanded to enter all exterior areas of the property described as 14441 Range Park Road in the City of Poway, County of San Diego, State of California, 92064 23 24 25 26 27 28 .Rutan & Tucker,.LLP attorneys at law 7 of 3 ("Prope1ty") and inspect and abate the nuisance conditions thereon as authorized herein. The owners of the Property are Michael E. Rothbart and Laurel J. Rothbart (the "Owners"). Proof by affidavit was made this day before me by Robert Manis, Director of Development Services for the City of Poway, that there is just and reasonable cause for believing that there are conditions on the Property that constitute violations of the Poway Municipal Code and the 975/012782-0013 15212248.1 a06/24/20 -1- INSPECTION AND ABATEMENT WARRANT October 6, 2020, Item #10ATTACHMENT B 1 Stipulation for Settlement, described more fully in the affidavit. Said affidavit is incorporated here 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RUt3n & Tucker, LLP attorneys at law 8 of3 in full. Pursuant to this warrant, the City is authorized to: a.Access all exterior portions of the Property; b.Remove and permanently dispose of all junk (as defined by Poway Municipal Code) that does not comply with both of the following standards: (1)Junk which is located: (i)Anywhere in the front yard; (ii)Within ten (10) feet of any side lot line; (iii)Within four ( 4) feet of any building or structure; or (iv)Within fifteen (15) feet of any rear lot line; (2)Which is not maintained in an organized fashion either in sturdy, vermin proof closed containers, or on platforms elevated not less than eighteen ( 18) inches above the ground. c.Take the necessary action to move any item that impedes the City's ability to remove the junk as authorized hereinabove. d.Relocate by towing or other means any vehicle and/or trailers that impede the City's ability to remove the junk as authorized hereinabove. e.Use the assistance of the San Diego Sheriffs Department in order to keep the peace during the inspection and abatement of the violations of the Poway Municipal Code; f.Videotape and/or photograph and take any report of any and all of the aforementioned activities; and g.All City-incurred fees and costs not paid by the property owners associated with the abatement will be part of the costs of abatement that will be presented to the City Council for confirmation of costs, and an eventual Nuisance Abatement Lien or Special Assessment against the Property in accordance with applicable law. You and each of you, are hereby commanded and authorized in the daytime, between the -2-975/012782-0013 15212248.1 a06n4/20 INSPECTION AND ABATEMENT WARRANT October 6, 2020, Item #10 1 hours of 8:00 a.m. and 6:00 p.m., to enter the Property's exterior for those reasons set forth herein. 2 This Abatement Warrant also authorizes reasonable force, including the use of a locksmith 3 and/or the cutting or breaking of any locks restricting access to the Property, and the relocation of 4 vehicles, trailers, or items that impede abatement, as authorized above. 5 This Abatement Warr'.!-¥t shall be effective for a period of fourteen (14) days from the date 6 ofis���L� 7 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Rutan & Tucker, LLP attorneys at law 9 of38 IT IS SO ORDERED: Jud .e of the Superior Court of th S · te of California Judge Randa Trapp -3-975/012782-0013 152 I 224 8.1 a06/24/20 INSPECTION AND ABATEMENT WARRANT October 6, 2020, Item #10 TAXPAYERS ACCOUNT RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. CURRENT INVOICE SUMMARY: Professional Fees Fees and Costs Due This Invoice Wire Instructions 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date INVOICE SUMMARY 866030 012782 -0013 John Ramirez April 22, 2020 $ $ Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. 1,311.00 1,311.00 10 of 38 October 6, 2020, Item #10 ATTACHMENT C TAXPAYERS ACCOUNT Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date REMITTANCE COPY 866030 012782 -0013 John Ramirez April 22, 2020 *** PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE*** CURRENT INVOICE SUMMARY: Professional Fees Fees and Costs Due This Invoice $ $ Wire Instructions Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. 1,311.00 1,311.00 11 of 38 October 6, 2020, Item #10 TAXPAYERS ACCOUNT Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date Page 866030 012782-0013 John Ramirez April 22, 2020 1 FOR PROFESSIONAL SERVICES RENDERED THROUGH MARCH 31, 2020 03/04/20 03/06/20 03/09/20 03/09/20 03/10/20 03/10/20 Noam I. Duzman Redacted Kelsey Quist Redacted Kelsey Quist Redacted Noam I. Duzman Redacted Kelsey Quist Redacted Noam I. Duzman Redacted Total Hours Total Professional Services 0.20 1.40 2.30 0.40 0.90 0.50 5.70 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. $1,311.00 12 of 38 The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessio.Jlal. ucto b er 6, 2020, Item #10 Poway, City of v.Michael Rothbart, et al. 012782-0013 Total Current Fees Previous Balance Due Payments and Adjustments Prior Balance Due Total Balance Due RUT AN & TUCKER, LLP ATTORNEYS AT LAW ACCOUNTS RECEIVABLE 0-30 DAYS 31-60 DAYS 61 -90 DAYS 91 -180 DAYS $1,311.00 $0.00 $0.00 $0.00 April 22, 2020 Invoice No. 866030 Page No. 2 391.00 (391.00) OVER 180 $1,311.00 $0.00 $1,311.00 $0.00 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. 13 of 38 An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10 TAXPAYERS ACCOUNT RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. CURRENT INVOICE SUMMARY: Professional Fees Fees and Costs Due This Invoice Wire Instructions 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date INVOICE SUMMARY 868097 012782 -0013 John Ramirez May 21, 2020 $ $ Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC}, (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. 1,702.00 1,702.00 14 of 38 October 6, 2020, Item #10 TAXPAYERS ACCOUNT Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date REMITTANCE COPY 868097 012782 -0013 John Ramirez May 21, 2020 *** PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE*** CURRENT INVOICE SUMMARY: Professional Fees Fees and Costs Due This Invoice $ $ Wire Instructions Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. 1,702.00 1,702.00 15 of 38 October 6, 2020, Item #10 TAXPAYERS ACCOUNT Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date Page 868097 012782-0013 John Ramirez May 21, 2020 1 FOR PROFESSIONAL SERVICES RENDERED THROUGH APRIL 30, 2020 04/05/20 04/06/20 04/14/20 04/21/20 04/21/20 04/22/20 04/22/20 16 of 38 Alan Fenstermacher Redacted Noam I. Duzman Redacted Alan Fenstermacher Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted 0.30 0.30 0.50 0.80 0.40 1.00 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. b Octo er 6, 2020, Item #10 Poway, City of v.Michael Rothbart, et al. 012782-0013 04/23/20 04/23/20 04/27/20 04/27/20 04/28/20 04/30/20 04/30/20 Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Total Current Fees Prior Balance Due Total Balance Due RUT AN & TUCKER, LLP ATTORNEYS AT LAW Total Hours Total Professional Services May 21, 2020 Invoice No. 868097 Page No. 2 0.60 0.80 0.30 0.60 0.20 0.70 0.50 7.40 $1,702.00 $1,702.00 $1,311.00 $3,013.00 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. 17 of 38 An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10 Poway, City of v.Michael Rothbart, et al.012782-0013 RUT AN & TUCKER, LLP ATTORNEYS AT LAW ACCOUNTS RECEIVABLE May 21, 2020 Invoice No. 868097 Page No. 3 0 -30 DAYS 31-60 DAYS 61 -90 DAYS 91 -180 DAYS OVER 180 18 of38 $3,013.00 $0.00 $0.00 $0.00 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, Jaw clerk, litigation support specialist, document clerk, or other paraprofessional. $0.00 October 6, 2020, Item #10 TAXPAYERS ACCOUNT Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date INVOICE SUMMARY CURRENT INVOICE SUMMARY: Professional Fees Disbursements and Costs Advanced Fees and Costs Due This Invoice Wire Instructions 870493 012782 -0013 John Ramirez June 19, 2020 $ $ Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. 2,231.00 7.79 2,238.79 19 of 38 October 6, 2020, Item #10 TAXPAYERS ACCOUNT Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. Rur AN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date REMITTANCE COPY 870493 012782 -0013 John Ramirez June 19, 2020 *** PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE*** CURRENT INVOICE SUMMARY: Professional Fees $ Disbursements and Costs Advanced Fees and Costs Due This Invoice $ Wire Instructions Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. 2,231.00 7.79 2,238.79 20 of 38 October 6, 2020, Item #10 TAXPAYERS ACCOUNT Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date Page 870493 012782-0013 John Ramirez June 19, 2020 1 FOR PROFESSIONAL SERVICES RENDERED THROUGH MAY 31, 2020 05/01/20 05/04/20 05/04/20 05/05/20 05/05/20 05/06/20 21 of 38 Noam I. Duzman Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted 0.20 1.60 0.80 1.00 0.70 0.30 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessio.Jlal. ucto b er 6, 2020, Item #10 RUTAN & TUCKER, LLP ATTORNEYS AT LAW Poway, City of v.Michael Rothbart, et al. 012782-0013 June 19, 2020 Invoice No. 870493 Page No. 2 05/06/20 05/07/20 05/07/20 05/08/20 05/13/20 05/14/20 05/15/20 05/18/20 05/18/20 05/19/20 05/21/20 05/22/20 22 of 38 Alan Fenstermacher Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Noam I. Duzman 1.10 0.90 0.60 0.40 0.20 0.10 0.50 0.20 0.50 0.30 0.20 0.10 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS}, (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10 RUTAN & TUCKER, LLP ATTORNEYS AT LAW Poway, City of v.Michael Rothbart, et al. 012782-0013 June 19, 2020 Invoice No. 870493 Page No. 3 Redacted DISBURSEMENTS AND COSTS ADVANCED Duplication Total Current Fees and Costs Previous Balance Due Payments and Adjustments Prior Balance Due Total Balance Due Total Hours Total Professional Services Total Disbursements 9.70 7.79 3,013.00 (3,013.00) ACCOUNTS RECEIVABLE 0 -30 DAYS 31-60 DAYS 61 -90 DAYS 91 -180 DAYS OVER 180 $2,231.00 $7.79 $2,238.79 $0.00 $2,238.79 $2,238.79 $0.00 $0.00 $0.00 $0.00 23 of 38 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10 TAXPAYERS ACCOUNT Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date INVOICE SUMMARY CURRENT INVOICE SUMMARY: Professional Fees Disbursements and Costs Advanced Fees and Costs Due This Invoice Wire Instructions 872918 012782 -0013 John Ramirez July 20, 2020 $ $ Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. 6,095.00 8.04 6,103.04 24 of 38 October 6, 2020, Item #10 TAXPAYERS ACCOUNT Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date REMITTANCE COPY 872918 012782 -0013 John Ramirez July 20, 2020 *** PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE*** CURRENT INVOICE SUMMARY: Professional Fees $ Disbursements and Costs Advanced Fees and Costs Due This Invoice $ Wire Instructions Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC}, (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. 6,095.00 8.04 6,103.04 25 of 38 October 6, 2020, Item #10 TAXPAYERS ACCOUNT Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date Page 872918 012782-0013 John Ramirez July 20, 2020 1 FOR PROFESSIONAL SERVICES RENDERED THROUGH JUNE 30, 2020 06/01/20 06/01/20 06/03/20 06/05/20 06/08/20 06/09/20 06/10/20 06/11/20 26 of 38 Alan Fenstermacher Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Alan Fenstermacher Redacted 0.50 0.60 0.20 0.20 3.60 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. Octo b er 6, 2020, Item #10 RUT AN & TUCKER, LLP ATTORNEYS AT LAW Poway, City of v.Michael Rothbart, et al.012782-0013 July 20, 2020 Invoice No. 872918 Page No. 2 06/11/20 06/12/20 06/15/20 06/16/20 06/17/20 06/17/20 06/18/20 06/19/20 06/19/20 27 of 38 Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted 0.60 0.40 0.70 0.40 1.40 1.40 0.60 0.60 2.00 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual"s name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10 RUT AN & TUCKER, LLP ATTORNEYS AT LAW Poway, City of v.Michael Rothbart, et al.012782-0013 July 20, 2020 Invoice No. 872918 Page No. 3 06/22/20 06/22/20 06/23/20 06/24/20 06/24/20 06/25/20 06/25/20 06/26/20 06/29/20 06/29/20 28 of 38 Alan Fenstermacher Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted 0.30 1.90 0.50 0.60 1.80 0.40 5.00 0.20 0.50 0.90 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10 Poway, City of v.Michael Rothbart, et al.012782-0013 RUT AN & TUCKER, LLP ATTORNEYS AT LAW Total Hours Total Professional Services DISBURSEMENTS AND COSTS ADVANCED Duplication Postage Total Current Fees and Costs Prior Balance Due Total Balance Due Total Disbursements ACCOUNTS RECEIVABLE 0-30 DAYS 31-60 DAYS 61 -90 DAYS 91 -180 DAYS $6,103.04 $2,238.79 $0.00 $0.00 July 20, 2020 Invoice No. 872918 Page No. 4 26.50 1.14 6.90 OVER 180 $6,095.00 $8.04 $6,103.04 $2,238.79 $8,341.83 $0.00 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. 29 of 38 An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10 TAXPAYERS ACCOUNT RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. CURRENT INVOICE SUMMARY: Professional Fees Fees and Costs Due This Invoice Wire Instructions 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date INVOICE SUMMARY 875352 012782 -0013 John Ramirez August 18, 2020 $ $ Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. 1,193.40 1,193.40 30 of 38 October 6, 2020, Item #10 TAXPAYERS ACCOUNT Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date REMITTANCE COPY 875352 012782 -0013 John Ramirez August 18, 2020 *** PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE*** CURRENT INVOICE SUMMARY: Professional Fees Fees and Costs Due This Invoice $ $ Wire Instructions Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. 1,193.40 1,193.40 31 of 38 October 6, 2020, Item #10 TAXPAYERS ACCOUNT Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date Page 875352 012782-0013 John Ramirez August 18, 2020 1 FOR PROFESSIONAL SERVICES RENDERED THROUGH JULY 31, 2020 07/01/20 07/03/20 07/08/20 07/16/20 07/16/20 07/17/20 07/21/20 07/22/20 07/22/20 07/23/20 32 of 38 Noam I. Duzman Redacted Noam I. Duzman Redacted Alan Fenstermacher Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Noam I. Duzman 0.10 0.20 0.20 0.30 0.20 0.50 0.60 0.40 0.10 0.20 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessio.L!.al. ucto b er 6, 2020, Item #10 Poway, City of v.Michael Rothbart, et al. 012782-0013 07/27/20 07/27/20 07/28/20 07/28/20 07/29/20 07/31/20 Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Total Current Fees Previous Balance Due Payments and Adjustments Prior Balance Due Total Balance Due RUTAN & TUCKER, LLP ATTORNEYS AT LAW Total Hours Total Professional Services August 18, 2020 Invoice No. 875352 Page No. 2 0.50 0.30 0.40 0.40 0.40 0.30 5.10 $1,193.40 $1,193.40 8,341.83 (8,341.83) $0.00 $1,193.40 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. 33 of 38 An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10 Poway, City of v.Michael Rothbart, et al.012782-0013 RUTAN & TUCKER, LLP ATTORNEYS AT LAW ACCOUNTS RECEIVABLE August 18, 2020 Invoice No. 875352 Page No. 3 0-30 DAYS 31-60 DAYS 61 -90 DAYS 91 -180 DAYS OVER 180 34 of 38 $1,193.40 $0.00 $0.00 $0.00 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual"s name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. $0.00 October 6, 2020, Item #10 TAXPAYERS ACCOUNT RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. CURRENT INVOICE SUMMARY: Professional Fees Fees and Costs Due This Invoice Wire Instructions 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date INVOICE SUMMARY 877060 012782 -0013 John Ramirez September 9, 2020 $ $ Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. 35 of 38 An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10 819.00 819.00 TAXPAYERS ACCOUNT RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date REMITTANCE COPY 877060 012782 -0013 John Ramirez September 9, 2020 *** PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE*** CURRENT INVOICE SUMMARY: Professional Fees Fees and Costs Due This Invoice $ $ Wire Instructions 36 of 38 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. October 6, 2020, Item #10 819.00 819.00 TAXPAYERS ACCOUNT Poway, City of Attn: Wendy Kaserman Assistant City Manager 13325 Civic Center Drive Poway, CA 92064 RE: v. Michael Rothbart, et al. RUTAN & TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH P INCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD SUITE 1400 POST OFFICE BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 (714) 641-5100 Invoice No. Account No. Billing Atty. Date Page 877060 012782-0013 John Ramirez September 9, 2020 1 FOR PROFESSIONAL SERVICES RENDERED THROUGH AUGUST 31, 2020 08/04/20 08/05/20 08/05/20 08/06/20 08/06/20 08/07/20 08/10/20 08/12/20 08/19/20 37 of 38 Noam I. Duzman Redacted Alan Fenstermacher Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted Noam I. Duzman Redacted 0.50 0.30 0.80 0.50 0.20 0.30 0.20 0.30 0.40 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessio..!l.al. ucto b er 6, 2020, Item #10 RUT AN & TUCKER, LLP ATTORNEYS AT LAW Poway, City of v.Michael Rothbart, et al.012782-0013 September 9, 2020 Invoice No. 877060 Page No. 2 Redacted Total Hours Total Professional Services 3.50 Total Current Fees Previous Balance Due Payments and Adjustments Prior Balance Due Total Balance Due ACCOUNTS RECEIVABLE 1,193.40 (1,193.40) 0-30 DAYS 31-60 DAYS 61 -90 DAYS 91 -180 DAYS OVER 180 $819.00 $0.00 $0.00 $0.00 Additional disbursements may have been paid or incurred on your behalf and are not reflected in this statement. An additional statement covering such disbursements will be furnished to you. The abbreviation (PA), (LC), (LSS), (DC) or (0) following an individual's name denotes paralegal, law clerk, litigation support specialist, document clerk, or other paraprofessional. $0.00 $819.00 $819.00 $0.00 $819.00 38 of 38 October 6, 2020, Item #10