07-18-2023 Agenda PacketAGENDA Poway City Council
Council Chamber I 73325 Civic Center Drive I Poway, CA I 92064
July 18, 20 23 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
Caylin Frank
Deputy Mayor
Peter De Hoff
Councilmember
Brian Pepin
Councilmember
Vacant
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 May 2, 2023 Regular City Council Meeting Minutes
3. Second Reading and Adoption of Ordinance 860 entitled "An Ordinance of the City Council of the
City of Poway, California, Adding Chapter 8.26 to Title 8 (Health and Safety) of the Poway Municipal
Code Establishing Regulations for Camping and Storage of Personal Property in Public Areas"
4. Award of Agreement to Ocean Blue Environmental Services Inc., for As-Needed Hazardous Waste
Cleanup and Disposal Services; RFP No. 23-013
5. Approval of Consultant Agreement with Sillman Wright Architects for the Poway Center for the
Performing Arts Facility Maintenance Design Project; RFP No. 22-003, to provide Architectural and
Engineering Design Services for comprehensive maintenance and rehabilitation, and
Appropriation of Additional Funds
6. Approval of License Agreement between the City of Poway and OpenGov (formerly Cartegraph
Systems LLC) for Software Licensing, Technical Support and Maintenance
ORDINANCES FOR INTRODUCTION: None
2 of 4 Regular City Council Meeting July 18, 2023
PUBLIC HEARINGS:
7. Resolution Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll for
Fiscal Year 2023-24
City Manager's Recommendation: It is recommended the City Council take public input, close
the public hearing, and adopt the Resolution.
8. Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be
Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24
City Manager's Recommendation: It is recommended the City Council take public input, close
the public hearing and adopt the Resolution.
9. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to be
Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24
City Manager's Recommendation: It is recommended the City Council take public input, close
the public hearing and adopt the Resolution.
10. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-2 to be
Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24
City Manager's Recommendation: It is recommended the City Council take public input, close
the public hearing and adopt the Resolution.
11. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-3 to be
Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24
City Manager's Recommendation: It is recommended the City Council take public input, close
the public hearing and adopt the Resolution.
12. Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 to be
Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24
City Manager's Recommendation: It is recommended the City Council take public input, close
the public hearing and adopt the Resolution.
13. Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be
Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24
City Manager's Recommendation: It is recommended the City Council take public input, close
the public hearing and adopt the Resolution.
14. Resolution Establishing Assessments for Poway Lighting District to be Collected on the San Diego
County Property Tax Roll for Fiscal Year 2023-24
City Manager's Recommendation: It is recommended the City Council take public input, close
the public hearing and adopt the Resolution.
3 of 4 Regular City Council Meeting July 18, 2023
15. An Ordinance of the City of Poway relinquishing an approximate 0.07-acre portion of an existing
City-owned trail easement in exchange for approximately 0.07-acres of new trail easement
(Assessor Parcel Number 273-102-01-00) and determining that the action is exempt from the
California Environmental Quality Act (CEQA) pursuant to section 15061 (b)(3)
City Manager's Recommendation: It is recommended the City Council hold the first reading of
the proposed Ordinance for relinquishment of a portion of the trail easement area, waive further
reading and schedule adoption of the Ordinance for August 15, 2023. The Ordinance must be
approved by a four-fifths vote of the City Council. Due to the current vacancy on the City Council,
this action will require a unanimous vote.
STAFF REPORTS:
16. City Council District 2 Vacancy -Application Review and Interviews
City Manager's Recommendation: It is recommended the City Council to 1) review the
applications; 2) allow each applicant three minutes to briefly present their qualifications and their
interest in filling the vacant Council seat; 3) may ask questions of the candidates; and 4) Council
may appoint a new Councilmember at the end of the meeting or continue the matter to another
meeting.
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS : Pursuant to AB 1234 -(G .C. 53232(d))
CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any public report of any act ion taken in closed session)
CLOSED SESSION: None
AD!OURNMENT:
State of California
County of San Diego
)
) 55.
)
AFFIDAVIT OF POSTING
/, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of
a Regular Meeting as called by the City Council of the City of Poway was posted and provided on July 11, 2023. Said
meeting to be held at 7:00 p.m.,July 18, 2023, 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.
vWAAt·u,~
Carrie Gallagher, CMC, City Clerk
4 of 4 Regular City Council Meeting July 18, 2023
2 of 7
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.
CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES
May 2, 2023 City Council Chambers 13325 Civic Center Drive, Poway, California
(Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency)
CALL TO ORDER
Mayor Vaus called the Regular Meeting to order at 7:00 p.m.
ROLL CALL
Present: Brian Pepin, Caylin Frank, Barry Leonard, Steve Vaus
Absent: Peter De Hoff
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Bob Manis; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley;
Captain Nancy Blanco, Sheriff’s Department.
(Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City
Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy Mayor/Vice 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 Leonard led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATIONS
None.
July 18, 2023, Item #2ATTACHMENT A
City of Poway – Minutes – May 2, 2023
3 of 7
PUBLIC COMMENT
Jim Bunner spoke regarding the unpermitted removal of a tree on his property.
Bernadette Simi spoke regarding the archeological status of the development area of McKee
Orchard.
Joe St. Lucas shared details regarding Fibromyalgia and noted May 2, 2023, as National
Fibromyalgia Awareness Day.
The following speakers spoke in opposition to Life Time Fitness at the Farm proposed design
modifications and/or in favor of a public vote on the proposed changes:
Jennisse Jonas
Nick Carruthers Eric Weller Susan Gill
Paul Dsouza Michael E. Firenze
Jana Johnson
Ron Lewis John A. McCormick
Jennifer Crowe
Alison Park Sean Park
Ray Jalisi
The following comment cards were submitted in opposition to Life Time Fitness at the Farm
proposed design modifications and/or in favor of a public vote on the proposed changes:
John Short
Jan Hegstad Mike Hegstad
Ray Warren
Susan Remensperger Neil Schneider
Deborah Schneider
Lynne Currier Debbie Knuth
Janet Warren
Torrey Powers Cynthia Noet
Steve Wickens
Ritu Calla Scott Currier
Raman Calla
Debbie Nordstrom Meredith Gant
Scott Gant Elizabeth Gant
July 18, 2023, Item #2
City of Poway – Minutes – May 2, 2023
4 of 7
Brian Adams Kareen Podvin
Elizabeth Andruss
Bree Mercer
CONSENT CALENDAR
Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to approve Consent Calendar Items 1 through 7. Motion carried 4/0/1 by the following roll-call vote:
Ayes: Pepin, Frank, Leonard, Vaus Noes: None Abstained: None Absent: De Hoff Disqualified: None
1.Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on thisAgenda
2.Approval of the March 7, 2023, Regular City Council Meeting Minutes
3.Appropriation of Additional Funds for the Starridge Park Pathway Extension Project and
Determination the Project is Categorically Exempt from the California Environmental QualityAct (CEQA)
4.Resolution Approving a 2% Increase in the Regional Transportation CongestionImprovement Program (RTCIP) Traffic Mitigation Fee for Fiscal Year (FY) 2023-24, asrequired by the TransNet Ordinance
5.Resolution authorizing participation and acceptance of funds through the 2022 StateHomeland Security Grant Program
6.Resolution to Adopt the 2023 Multi-Jurisdictional Hazard Mitigation Plan
7.Approval of Amendment to Employment Agreement for the City Manager
ORDINANCES FOR INTRODUCTION
None.
PUBLIC HEARINGS:
8.Variance (VAR) 20-002/Conditional Use Permit (CUP) 20-006/Minor Development ReviewApplication (MDRA) 20-017, a request to construct and operate a wireless communicationfacility containing a tower feature that exceeds the maximum building height, in the CreeksidePlaza shopping center located at 13573 Poway Road, in the Commercial General district ofthe Poway Road Specific Plan
Mayor Vaus opened the Public Hearing at 7:37 p.m.
July 18, 2023, Item #2
City of Poway – Minutes – May 2, 2023
5 of 7
There was no presentation on this item due to the City Manager’s recommendation the item be continued to a date uncertain, at the request of the applicant.
No speakers.
Mayor Vaus closed the Public Hearing at 7:37 p.m.
Motioned by Councilmember Frank, seconded by Councilmember Pepin to continue the public hearing for VAR 20-002/CUP 20-006/MDRA 20-017 to a date uncertain. Motion carried unanimously (De Hoff / Absent).
STAFF REPORTS:
9.Award of Contract to MarCon Engineering, Inc., for the Lake Poway Upper PlaygroundRenovation Project, Bid No. 23-008, Appropriation of Additional Funds and Determination theProject is Categorically Exempt from the California Environmental Quality Act (CEQA)
Special Projects Engineer Jeff Beers presented the item along with a PowerPoint. He notedprevious Council review and unanimous approval to move forward and advertise the project
for bid. Six (6) bids were received, and the recommendation of award goes to MarconEngineering, Inc. Mr. Beers added staff is requesting an additional $400,000 appropriation tothe project to cover construction contingency and special inspection review.
No speakers.
Council discussion ensued and commented positively regarding the timeline of the project andthe new and innovative direction for future park improvements.
Motioned by Councilmember Frank, seconded by Councilmember Pepin to 1) awardthe contract for the Lake Poway Upper Playground Renovation project to MarConEngineering, Inc., in the amount of $1,546,190.34 and authorize the City Manager toexecute the contract; 2) appropriate additional funds in the amount of $400,000 fromthe Park Improvement Fund (4110-30504112) for construction of the Lake Poway UpperPlayground Renovation Project (CIP #PK020); and 3) make a determination the Projectis Categorically Exempt from the California Environmental Quality Act (CEQA). Motioncarried unanimously (De Hoff – Absent).
10.Approval of Agreement Between the City of Poway and Convergint Technologies, LLC for thepurchase and installation of an electronic security system at the Lester J. Berglund Water
Treatment Plant and Determination the Project is Categorically Exempt from the CaliforniaEnvironmental Quality Act (CEQA)
Assistant Director of Finance Operations Brad Rosen presented the item along with aPowerPoint. He stated the water treatment plant security upgrades project addresses theneed to replace the existing 10-year-old analog security system with the latest networksurveillance technology including the installation of 21 cameras made up of a variety ofdifferent camera types. He added the existing cameras do not provide the clear visibility orfunctionality as newer technology will. He described the security software suite noting itprovides a unified security platform with advanced surveillance technology and makesavailable real time event monitoring and advanced intelligence of the captured video in
July 18, 2023, Item #2
City of Poway – Minutes – May 2, 2023
6 of 7
addition to more advanced improvements such as data analysis. He noted the software is compatible with the San Diego Sheriff's Department and the Safe Poway Initiative.
Mr. Rosen explained this will be the first phase of security enhancements at City facilities and noted Convergint Technologies, LLC, as the vendor selected for this project.
No speakers.
Council discussion ensued and included items to consider including cost, maintenance, and warranties. Mr. Rosen explained the cost would include the equipment, hardware, installation, and removal of the previous security system. He further explained the different security components would all contain their own warranties and service maintenance requirements.
The Council commented positively on the upgrades and full integration of the security system throughout City facilities.
Motioned by Mayor Vaus, seconded by Deputy Mayor Leonard to award the contract for the Water Treatment Plant Security Upgrades project to Convergint Technologies, LLC in the amount of $223,886.32 and authorize the City Manager to execute the agreement and related documents. Motion carried unanimously (De Hoff – Absent).
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Councilmember Frank invited the public to a Celebration of Life ceremony in honor of Mary Shepardson, one of Poway’s first female Councilmembers and the first appointed female Mayor.
Deputy Mayor Leonard announced his resignation noting recent changes in his life as the reason and stated his final meeting would be May 16, 2023.
CITY MANAGER ITEMS
None.
CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session)
None.
ADJOURNMENT
The meeting was adjourned at 7:50 p.m.
July 18, 2023, Item #2
City of Poway – Minutes – May 2, 2023
7 of 7
__________________________________ Carrie Gallagher, CMC
City Clerk City of Poway, California
July 18, 2023, Item #2
Government Code section 36933.
Attachments:
A. Ordinance No. 860
Reviewed/Approved By:
Assistant City Manager
2 of 10
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
July 18, 2023, Item #3
ORDINANCE NO. 860
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADDING CHAPTER 8.26 TO TITLE 8 (HEALTH AND SAFETY) OF THE POWAY MUNICIPAL CODE ESTABLISHING REGULATIONS FOR CAMPING AND STORAGE
OF PERSONAL PROPERTY IN PUBLIC AREAS
WHEREAS, City staff and the City Attorney’s Office have been progressively analyzing the Poway Municipal Code (“PMC”) and recommending updates where appropriate;
WHEREAS, the City of Poway desires to keep all public parks, public streets and alleys, public rights-of-way, parkways, public sidewalks, recreational areas, and other publicly owned or controlled property within the City readily accessible and available to the residents, businesses, and the public at large for their intended uses;
WHEREAS, the use of public property for camping purposes and/or for the storage of personal property interferes with the rights of others to use and enjoy these public areas as they are intended and can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas;
WHEREAS, the City of Poway wants to maintain all public areas within the City in a clean, sanitary, safe, and accessible condition to ensure public property is used for its intended purpose and remains accessible to citizens, businesses, and visitors in the City; and
WHEREAS, the City Council desires to adopt Chapter 8.26 of the Poway Municipal Code, establishing regulations for camping and the storage of personal property including violations, penalties, and enforcement.
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: The new Chapter 8.26 is hereby added to Title 8 of the Poway Municipal Code to read as set forth on Exhibit 1 hereto.
SECTION 3: 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 4: 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 Council members voting
for and against the same in the Poway News Chieftain, a newspaper of general circulation in the
3 of 10 July 18, 2023, Item #3ATTACHMENT A
Ordinance No. 860 Page 2 City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this
Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 6th day of June, 2023, and thereafter.
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 18th day of July, 2023, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
________________________________ Steve Vaus, Mayor
ATTEST:
_____________________________
Carrie Gallagher, CMC, City Clerk
4 of 10 July 18, 2023, Item #3
Ordinance No. 860 Page 3 Exhibit 1
CHAPTER 8.26: CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC AREAS
8.26.010 Purpose and intent
8.26.020 Definitions
8.26.030 Unlawful camping
8.26.040 Permitted camping
8.26.050 Unlawful storage of personal property in public areas
8.26.060 Parking on private or public property - consent required
8.26.070 Notice and removal of personal property in public areas
8.26.080 Public nuisance declared
8.26.090 City Manager administrative authority
8.26.100 Violations, penalties, and enforcement
§ 8.26.010 PURPOSE AND INTENT.
The public parks, public streets and alleys, public parking lots, public rights-of-way, parkways, public sidewalks, recreational areas and other publicly owned or controlled property within the city (collectively "public property") should be readily accessible and available to residents, businesses and the public at large for their intended purposes. The use of public property for camping purposes and/or for the storage of personal property interferes with the rights of others to use and enjoy these public areas as they are intended. Such activity can constitute a public
health and safety hazard which adversely impacts neighborhoods and commercial areas. The purpose of this chapter is to maintain these public areas within the city in a clean, sanitary, safe, and accessible condition, to adequately protect the health, safety, environment and general
welfare of the community, and to ensure that public property is used for its intended purpose and remains accessible to all citizens, businesses and visitors in the city. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public property. This chapter shall be interpreted in a manner that is consistent with applicable state and federal law.
§ 8.26.020 DEFINITIONS.
For purposes of this chapter, the words and phrases in this chapter shall have the following meanings, except where the context clearly indicates a different meaning.
CAMP or CAMPING.
(1) Residing in or using any public area or private property for living accommodation or habitation purposes with one's personal property, or within one's personal property (e.g., vehicle of any kind, specifically including but not limited to a camper, trailer, coach, fifth wheel or any other trailer or recreational vehicle, whether or not the vehicle is operatable), or while storing one's personal property (including unauthorized parking of any vehicle); and/or
5 of 10 July 18, 2023, Item #3
Ordinance No. 860 Page 4
(2) Constructing, maintaining, occupying, inhabiting or using camping facilities and/or
constructing, using or maintaining camping paraphernalia for living accommodation or habitation purposes, but is not limited to sitting, lying, or sleeping within such camp facilities and/or upon such CAMP paraphernalia for living accommodation or habitation purposes. For purposes of this
chapter, CAMPING shall not include merely sleeping outside in a city or park or the use of a blanket, towel or mat in a park during the time the park is open to the public.
CAMPING FACILITY or CAMPING FACILITIES. Includes, but is not limited to, tents, huts, or
other temporary physical shelters.
CAMPING PARAPHERNALIA. Includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, bedrolls, bedding, luggage, hammocks, cooking equipment and/or other similar articles of equipment or items that are accessory to camping facilities.
PUBLIC AREA. All property that is owned, managed or maintained by the city, and shall include, but not be limited to any public street, building, grounds, lot, parcel park, plaza or parking lot dedicated to the authorized use and enjoyment of the public, and any other public property owned, maintained or controlled by another government agency within the city where the city is authorized to enforce its police powers as described herein.
PUBLIC STREET. Includes but is not limited to any city right-of-way, street, road, highway, alley, sidewalk, parkway, bridge, culvert, drain, and all other facilities or areas necessary for the construction, improvement, and maintenance of streets and roads.
PERSONAL PROPERTY. Tangible personal belongings or possessions, which shall include any movable or tangible thing that is subject to ownership; property or chattels that can be seen,
weighed, measured, felt, or touched, including, but not limited to, furniture, appliances, camping facilities, camping paraphernalia, money, books, vehicles of any kind and shopping carts.
SIDEWALK. That portion of the public right-of-way provided for the primary use of pedestrians
along or adjacent to a street.
STORE or STORING or STORAGE. To put aside or accumulate for use when needed, to put for safekeeping, and/or to place or leave in a location; which does not include any personal property that clearly has been abandoned or discarded and which clearly has no value.
TENT. Any tarp, cover, structure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, structure or shelter.
UNATTENDED PERSONAL PROPERTY. Personal property that has been turned in to the City or the County of San Diego Sheriff’s Department pursuant to §§ 8.26.050 and 8.26.070, and that has not been claimed within a period of 90 days by its owner.
§8.26.030 UNLAWFUL CAMPING.
(A)Unlawful camping. It shall be unlawful and a public nuisance for any person to camp,occupy camp facilities or use camp paraphernalia in the city, whether on public or private property, or in any public area, whether paved or unpaved, except as expressly permitted by
this chapter, or as mandated by applicable law. It shall also be unlawful and a public nuisance for any landowner or occupant of private property to willfully allow, authorize or permit another person to occupy camp facilities or use camp paraphernalia on such private property in the city,
6 of 10 July 18, 2023, Item #3
Ordinance No. 860 Page 5
whether paved or unpaved, except as expressly permitted by this chapter, or as mandated by
applicable law.
(B)Exceptions.
(1)This section shall not apply to any person camping, occupying camp facilities or using
camp paraphernalia, or to any person storing personal property, including camp facilities and camp paraphernalia, in any public area designated by the city for such purposes. The City Council may, by resolution or ordinance, establish specified public areas for such purposes.
(2)Absent exigent circumstances relating to immediate threats to the public health, safety,or welfare, the provisions of this section will not be enforced against homeless persons sitting, lying, or sleeping on public property when no alternative shelter is available in accordance with the holding in Martin v. City of Boise 902 F.3d 1031 (9th Cir. 2018), and only during the timeframe that the case of Martin v. City of Boise 902 F.3d 1031 (9th Cir. 2018) is applicable law within the jurisdiction of the Ninth Circuit, unless the following procedures are followed:
(a)Definition. For the purpose of this § 8.26.030 (B)(2), the following definition applies:
OUTREACH AND ENGAGEMENT (O&E) PERSONNEL. Includes, but is not limited to, any organization that the city has contracted with for homeless outreach and engagement services. OUTREACH AND ENGAGEMENT PERSONNEL may include city employees, homeless liaisons and members of the County of San Diego Sheriff’s Department.
(b) Procedures. Prior to any citation or arrest for unlawfully camping, occupying camp facilities or using camp paraphernalia, storing personal property in public areas, a person shall be referred to O&E personnel to determine potential shelter placement or available services.
1. If the homeless person declines the offered placement, or available services, then this exception under § 8.26.030(B)(2) shall not apply and the city may proceed with enforcement of this section after giving such person a warning and an opportunity to immediately leave the
location where unauthorized camping is occurring, or an opportunity to voluntarily decide to relocate outside of the jurisdiction of the city, before engaging in citation and/or arrest. If such person relocates upon warning, he or she will not be cited or arrested for violating this section. If
the homeless person fails to relocate as directed, then he or she may be issued a citation, or placed under custodial arrest for such violations.
2. If any alleged violation arises from the homeless person's presence in a city park outside of the established operational hours of the park and there is no appropriate and immediately available shelter placement for such person, then such person will be advised to move and referred to O&E personnel so that he or she may avoid citation or arrest for a violation of this section until an appropriate and immediately available bed is made available to such person.
3. These procedures under § 8.26.030(B)(2) are only mandatory during the timeframe that the case of Martin v. City of Boise 902 F.3d 1031 (9th Cir. 2018) is applicable law within the jurisdiction of the Ninth Circuit.
(c) This exception shall not apply where a homeless person and/or their personalproperty obstructs and actually interferes with a public area or the intended use of the public area, provided that, absent exigent circumstances relating to immediate threats to the public
health, safety, or welfare, the homeless person is first advised to cease the interference and/or
7 of 10 July 18, 2023, Item #3
Ordinance No. 860 Page 6 to move the personal property causing the obstruction and they decline to do so. However, this
§ 8.26.030(B)(2)(c) shall not apply if such personal property is unattended.
§ 8.26.040 PERMITTED CAMPING.
Camping is permitted in the city under the following circumstances:
(A) On public property specifically set aside and clearly marked for public camping purposes as designated by the City Council.
(B) In the rear or side yard of a residential structure with the consent of the owner or occupant, as long as the camping facility is separated from the street by a fence, hedge or other permanent obstruction, and is not visible from the public right-of-way. This subsection is not intended to allow the owner to give permission for someone to utilize the camping facility for living purposes, specifically for a period longer than 48 hours in any given 30-day period.
(C) In conjunction with events authorized and expressly provided for in a special event or
temporary use permit issued by the city.
(D) In the manner permitted by, and in full compliance with, Chapter 8.24 of the PMC.
§ 8.26.050 UNLAWFUL STORAGE OF PERSONAL PROPERTY IN PUBLIC AREAS.
(A) Unlawful storage of personal property in public areas. It shall be unlawful for any person to store or leave unattended personal property, including camp facilities and camp paraphernalia in any public area, unless such storage is expressly authorized and in conjunction with a permitted camping activity under this chapter, or as mandated by applicable law.
(B) City and/or Sheriff’s Department to receive stored/unattended personal property. Except
as provided in § 8.26.070(D), the city and/or Sheriff’s Department shall make provisions for receiving and safekeeping of personal property found unattended in any public area and coming into their possession by an employee of the city in the course of employment pursuant to §
8.26.070(A). The city and/or Sheriff’s Department shall notify the owner, if their identity is reasonably ascertainable, that it possesses the personal property and where it may be claimed. The City' and/or Sheriff’s Department may require the owner to pay a reasonable charge to defray the costs of storage and care of the personal property.
§ 8.26.060 PARKING ON PRIVATE OR PUBLIC PROPERTY - CONSENT REQUIRED.
It is unlawful for any person to park or cause to be parked or to leave parked any vehicle upon private or public property, parking lot, or parking space without consent of the owner, the property manager, or person or tenant entitled to the possession thereof.
§ 8.26.070 NOTICE AND REMOVAL OF PERSONAL PROPERTY IN PUBLIC AREAS.
(A) Notice and removal. In the event that personal property is found in the course of employment by an authorized employee or contractor of the city in any public area without authorization from the city (examples of authorized employees include, but are not limited to, employees of the County of San Diego Sheriff’s Department, city code enforcement, employees or contractors of City Public Works Department, and other city employees properly trained to
carry out this section), such employee or contractor shall leave notice with the owner of the
8 of 10 July 18, 2023, Item #3
Ordinance No. 860 Page 7 personal property or in a prominent place and which notice shall contain all of the following
information:
(1) The personal property needs to be relocated;
(2) The timeframe that the property owner has to relocate the personal property. Such
timeframe shall not be less than 24 hours unless there is an immediate threat to the public health, safety, or welfare. Further, if the personal property obstructs and actually interferes with a public area or the intended use of the public area, then this timeframe may be shorter than 24
hours, provided that, if the property owner is present, they are first advised to cease the interference and/or to move the personal property causing the obstruction and they decline to do so;
(3) A statement that, if the personal property is not removed within the timeframe, then the city will remove and store the personal property consistent with this section. This statement shall also provide the location that the personal property will be stored;
(4) If applicable, the nature and purpose of the clean-up;
(5) The date, time, and locations of the scheduled cleanup and/or removal of the personal property;
(6) A citation to the applicable section of the Municipal Code or any other applicable law;
(7) A statement of how the personal property may be reclaimed;
(8) A statement that, if personal property is removed pursuant to this section, then such personal property may be subject to disposal by the city pursuant to this section after 90 days from the date of removal;
(9) A phone number that the person may call for more information;
(10) Any other additional information as determined by the city and/or Sheriff’s Department;
(11) After the timeframe in the notice provided pursuant to § 8.26.070(A), the personal
property in the public area may be removed, inventoried, stored, and disposed of by the city pursuant to this section. To the extent possible, the inventory list shall be provided to the property owner(s). For any personal property removed, a notice shall be provided in a prominent place in the removal area advising where the personal property is being kept and when it may be claimed by its rightful owner; containing the information pursuant to §§ 8.26.070(A)(1) to (9) and containing any other additional information as determined by the city and/or Sheriff’s Department. This notice shall include the date that the removed personal property will be disposed of by the city pursuant to this section.
(B) Additional signage for removal of personal property. The city may determine what, if any, areas of the city suffer from blight due to storage of personal property in any public area, and erect signs in those areas containing the applicable information specified in §§ 8.26.070 (A)(1)
to (10) so as to provide additional notice.
(C) Holding and disposal of stored personal property. Except as provided in § 8.26.070 (A), found personal property shall be deposited and inventoried in a safe place for a period of at
least 90 days and found money shall be deposited with the director of finance for a period of not less than 90 days, unless sooner claimed by the true owner. In the event the property or money is not claimed within 90 days, it shall be deemed to be unclaimed personal property and subject
9 of 10 July 18, 2023, Item #3
Ordinance No. 860 Page 8 to disposal as provided in this section. Additionally, the city shall not be obligated to store
personal property in excess of the city's current overall storage capacity.
(D) Trash, dangerous, or perishable personal property. Any personal property coming into the possession of the city and/or Sheriff’s Department may be immediately disposed of without
notice, in a manner that the city and/or Sheriff’s Department determines to be in the public interest, when such personal property is trash, perishable, contraband pursuant to state or federal law, or constitutes an immediate threat to the public health, safety, or welfare.
(E) Applicability. To the extent known by the city or the Sheriff’s Department, the provisions of this § 8.26.070 shall not apply to the following:
(1) Real or personal property or money subject to confiscation pursuant to state or federal law;
(2) Personal property that constitutes evidence in an ongoing criminal investigation and/or civil proceeding pursuant to state or federal law;
(3) Personal property that has been abandoned by its owner. Abandoned personal property may be disposed of forthwith.
§ 8.26.080 PUBLIC NUISANCE DECLARED.
Any camping facility established in violation of this chapter is declared to be a public nuisance, and the city is authorized to abate the nuisance and remove camp facilities and camp
paraphernalia as authorized by law.
§ 8.26.090 CITY MANAGER ADMINISTRATIVE AUTHORITY.
The City Manager or his or her designee may develop and adopt administrative regulations
that are consistent with the terms and prohibitions of this chapter. This shall include all policies and procedures for the abatement of unlawful camping, including the policies and procedures for ensuring safe and prompt removal of the nuisance while meeting procedural safeguards
required by city, state or federal law.
§ 8.26.100 VIOLATIONS, PENALTIES, AND ENFORCEMENT.
Any person who violates this chapter is guilty of a misdemeanor and punishable by a fine of not more than $1,000 and/or imprisonment not to exceed six months. This chapter may also be enforced via administrative or civil actions as authorized by the Municipal Code.
10 of 10 July 18, 2023, Item #3
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 memoriiinda, 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.
4 of26 2 July 18, 2023, Item #4
DISCLOSURE DETERMINATION:
C8J 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 ~f the City of Poway in a timely manner as required by law.
DepartmE!ntoirector
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or
subcontracted, except as otherwise specifically provided herein, or to which City, in its
sole discretion, consents to in advance thereof in writing. Any assignment or
subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall
make such materials available at its office at all reasonable times during the agreement
period and for three (3) years from the date of final payment under this Agreement, for
inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an
independent contractor and shall not be an employee of the City of Poway. City shall
have the right to control Contractor only insofar as the results of Contractor's services
rendered pursuant to this Agreement; however, City shall not have the right to control the
means by which Contractor accomplishes such services.
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to practice its
profession. Contractor represents and warrants to City that Contractor shall, at its sole
cost and expense, keep in effect at all times during the term of this Agreement, any
license, permit, or approval which is legally required for Contractor to practice its
profession.
6 of26 4 July 18, 2023, Item #4
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from
Contractor's negligent performance of professional services, City and its respective
elected and appointed boards, officials, officers, agents, employees and volunteers
(individually and collectively, "lndemnitees") shall have no liability to Contractor or any
other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees
from and against, any and all liabilities, claims, actions, causes of action, proceedings,
suits, damages, judgments, liens, levies, costs and expenses, including reasonable
attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer
or incur or to which lndemnitees may become subject by reason of or arising out of any
injury to or death of any person(s), damage to property, loss of use of property, economic
loss or otherwise occurring as a result of Contractor's negligent performance under this
Agreement, or by the negligent or willful acts or omissions of Contractor, its 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.
7 of26 5 July 18, 2023, Item #4
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take
all action necessary to make a claim under any applicable insurance policy or policies
Contractor is carrying and maintaining; however, if Contractor fails to take such action as
is necessary to make a claim under any such insurance policy, Contractor shall reimburse
City for any and all costs, charges, expenses, damages and liabilities incurred by City in
making any claim on behalf of Contractor under any insurance policy or policies required
pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be
construed to negate, abridge or otherwise reduce any other right or obligation of indemnity
which would otherwise exist as to any party or person indemnified pursuant to this Section
15.
(g) The rights and obligations of the parties described in this Section 15 shall
survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any
lndemnitee and not covered by insurance maintained, or required by this Agreement to
be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury
and damage to the personnel (including death) and property of Contractor that occurs in
the course of, or in connection with, the performance of Contractor's obligations under
this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is
hereby agreed that the lndemnitees are not to be liable for injury or damage which may
be sustained by the person, goods or property of Contractor or its employees in
connection with Contractor's performance its obligations under this Agreement, including
but not limited to Contractor's Scope of Services.
17. Contractor Not an Agent.
Except as City may specify in writing, Contractor shall have no authority,
expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, expressed or implied, pursuant to this Agreement to
bind City to any obligation whatsoever.
18. Personnel.
Contractor shall assign qualified and certified personnel to perform
requested services. The City shall have the right to review and disapprove personnel for
assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times comply with City's drug and alcohol
policies then in effect.
8 of 26 6 July 18, 2023, Item #4
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with,
the laws of the State of California. Each party to this Agreement consents to personal
jurisdiction in San Diego County, California, and hereby authorizes and accepts service
of process sufficient for personal jurisdiction by first class mail, registered or certified,
postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any
action to enforce or interpret the terms or conditions of this Agreement shall be brought
in the Superior Court in San Diego County, Central Division, unless the parties mutually
agree to submit their dispute to arbitration. Contractor hereby waives any right to remove
any such action from San Diego County as is otherwise permitted by California Code of
Civil Procedure section 394. The prevailing party in any such action or proceeding shall
be entitled to recover all of its reasonable litigation expenses, including its expert fees,
attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the
foregoing, in the event that the subject of such an action is compensation claimed by
Contractor in the event of termination, Contractor's damages shall be limited to
compensation for the 60-day period for which Contractor would have been entitled to
receive compensation if terminated without cause, and neither party shall be entitled to
recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall
mean the individual or corporate Contractor and any and all employees of Contractor
providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute one and the same instrument. Documents delivered by telephonic facsimile
transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between
Contractor and City relating to the terms and conditions of the services to be performed
by Contractor. No agreements, representations or promises made by either party,
whether oral or in writing, shall be of any force or effect unless it is in writing and executed
by the party to be bound thereby.
9 of26 7 July 18, 2023, Item #4
24. Certification and Indemnification Regarding Public Employees'
Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by
Contractor are not current members of the California Public Employees' Retirement
System (CalPERS) and shall not become members of CalPERS while providing services
to City.
Contractor further provides that in the event Contractor assigns a retired
annuitant receiving a pension benefit from CalPERS to perform services for City, the
retired annuitant is in full compliance with Government Code section 7522.56. A copy of
Government Code section 7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from
all penalties, fees, employer and employee contributions, or any other assessments
imposed by CalPERS in the event CalPERS determines the person assigned by
Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent
jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision
shall, if possible, be construed as though more narrowly drawn, if a narrower construction
would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such
provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed,
and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
10 of 26 8 July 18, 2023, Item #4
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Contractor shall provide 24 hours per day and 7 days per week emergency
cleanup and disposal response and disaster recovery for chemical, biological or other
hazardous emergencies on an as-needed basis.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposals
submitted with the proposals dated February 16, 2023, which are included in this
document as Attachment 1. Total fee is not to exceed $50,000 per year for as needed
services not to exceed the City's adopted fiscal year operating budget for hazardous
waste cleanup and disposal services. 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 atcoach 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 July 19,
2023, and ending June 30, 2025, unless sooner terminated by City as provided in the
section of this Agreement entitled "Termination". This Agreement may be extended for
up to three (3) additional one-year periods upon approval in writing of the City Manager
and Contractor. Award of the Agreement and any Agreement extensions are subject to
City Council appropriation of funds. Each renewal period (fiscal) after the first year 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 July 1, 2025. 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.
12 of 26 10 July 18, 2023, Item #4
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."
13 of 26 11 July 18, 2023, Item #4
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the
insurance coverages described in the paragraphs above, in a form and content approved
by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following
addresses:
14 of 26
To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
Ocean Blue Environmental Services Inc.
3110 Hancock St
San Diego, CA 92110
(Remainder of page intentionally left blank)
12 July 18, 2023, Item #4
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018
Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7
Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public
Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from
public retirement system; Section supersedes conflicting provisions
(a)This section shall apply to any person who is receiving a pension benefit from a
public retirement system and shall supersede any other provision in conflict with
this section.
(b) A retired person shall not serve, be employed by, or be employed through a
contract directly by, a public employer in the same public retirement system from
which the retiree receives the benefit without reinstatement from retirement, except
as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement
from retirement or loss or interruption of benefits provided by the retirement system
upon appointment by the appointing power of a public employer either during an
emergency to prevent stoppage of public business or because the retired person
has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a
total for all employers in that public retirement system of 960 hours or other
equivalent limit, in a calendar or fiscal year, depending on the administrator of the
system. The rate of pay for the employment shall not be less than the minimum, nor
exceed the maximum, paid by the employer to other employees performing
comparable duties, divided by 173.333 to equal an hourly rate. A retired person
whose employment without reinstatement is authorized by this section shall acquire
no service credit or retirement rights under this section with respect to the
employment unless he or she reinstates from retirement.
15 of 26 13 July 18, 2023, Item #4
(e)
(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
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:
16 of 26
(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.
14 July 18, 2023, Item #4
(C)For employees of the California State University, the Trustees of the .
California State University certifies the nature of the employment and that
the appointment is necessary to fill a critically needed position before 180
days have passed and approves the appointment in a public meeting. The
appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program
pursuant to a collective bargaining agreement with the California State
University that existed prior to January 1, 2013, or has been included in
subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function
or functions regularly performed by a public safety officer or firefighter.
(g)A retired person who accepted a retirement incentive upon retirement shall not
be eligible to be employed pursuant to this section for a period of 180 days following
the date of retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State
Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or
26812 ofthe Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position,
upon retirement, is converted to a judgeship pursuant to Section 69615, and he or
she returns to work in the converted position, and the employer is a trial court, or (2)
a retiree of the Judges' Retirement System or the Judges' Retirement System II who
is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 .ch 528
§ 11 (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).
17 of 26 15 July 18, 2023, Item #4
Item
Number
1
2
3
4
Item
Number
1
2
3
4
5
6
7
18 of 26
ATTACHMENT 1
FEE SCHEDULE
Table 1: Labor Rates
Regular
Description Unit of Hours (Mon-
Measure Friday)
7a.m.-5 p.m.
Field Chemist Hour $87.55
Field Technician Hour $54.79
Driver (Class A) Hour $73.22
Foreman Hour $87.55
Table 2: Materials Pricing
Description Unit of
Measure
Hydrophobic Absorbent Rolls Each
Universal Absorbent Rolls Each
Vermiculite-4 cubic foot bag size (For Each Spill Clean Up Only
Ultrasorb-25 lb. Bag Size (For Spill Each Clean Up Only)
Rags (50Ibs/box) Each
Hand Pump (Disposal) Each
Shrink Wrap Each
16
Night/Weekend
(Mon-Friday) 7
a.m.-5 p.m.
$101.50
$75.25
$94.22
$101.50
Unit Cost
$50.75
$50.75
$17.22
$17.22
$63.07
$17.99
$28.63
July 18, 2023, Item #4
8 Hazard Tape Each $4.00
9 Triwall Box with Liner (One Cubic Each $144.83 Yard)
10 Collwassa Each $7.00
11 Visqueen 6 Mil Each $69.58
12 All Other materials will be at an
invoice cost plus 15%
Table 3: Equipment Pricing
Item Description Unit of Unit Cost Number Measure
1 Level B-Supplied air and any Each $144.83 specialized outerwear
2 Level A-Fully encapsulated suit Each $459.97
3 Cutoff saw (Sawsall) Each $76.71
4 Portable Lighting Each $276.71
5 High Pressure Low Volume Washer Each $225.96 (with hoses and nozzles)
6 Generator (gas powered with fuel) Each $149.80
7 Portable Poly Tank with Each $33.00 Containment-500 GL size
8 Backhoe Each $350.00
9 Bin Lines Each $74.90
10 Chemical Diaphragm Pump Each $207.90 (Designed for corrosive materials)
11 Confined Space Entry Equipment Each $227.50
19 of26 17 July 18, 2023, Item #4
12 Body Harness Each $77.70
13 Bobcat excavator Each $350.00
14 Air Compressor (175cfm) with hoses Each $224.40 and fittings
15 Boom Lift Each $350.00
16 Ventilation Fan Each $134.82
17 Copus Blower Each $184.17
18 Drum Vacuum with hoses and Each $111.30 fittings
19 All other equipment will be charged
at an invoice cost plus 15 %
Table 4: Instrumentation Pricing
Item Description Unit of Unit Cost Number Measure
1 Organic Vapor Analyzer (PIO) Each $386.26
2 Three Gas Meter (Combustible Gas, Each $230.86 Oxygen indicator, Hydrogen sulfide)
Field Chemical Identification kit (Full
3 HazCat Kit required) Simple field Each $18.83 testing of pH is a part of the
emergency response vehicle
Table 5: Vehicle Pricing
Item Description Unit of Unit Cost Number Measure
1 Flatbed Truck Day $240.12
2 Step Van Day $240.12
20 of 26 18 July 18, 2023, Item #4
3 Pick-up Truck/ Passenger Van Day $240.12
4 Semi-Tractor Day $100.00
5 Storage Van Day $58.00
6 Liftgate Truck Day $240.12
Emergency Response Vehicle-
Sticked with items such as non-
disposable spill cleanup equipment
7 and tools, fire protection, simple Day $774.72 chemical field tests materials, safety
and traffic control equipment, and
any other basic supplies/equipment
to perform the activity
Vacuum Truck-Caustic chemical
8 resistant (with hoses and flanges Hour $115.83
and any wash out charges)
High Lift Vacuum Truck-Caustic
chemical resistant (with hoses and
flanges and able to recover liquids
9 and solids so can hydro-excavate in Hour $77.28
sensitive areas and has a dump bed
with large door opening and any was
out charges
10 Roll off Truck Hour $77.55
11 Vacuum Truck (with hoses and Hour $100.68 flanges and any was out charges)
12 All other vehicles will be charged at
an invoice cost plus %15
Table 6 Emergency Disposal Pricing
lnorganics 5 gal. 15 gal. 30 gal. 55 gal.
1 Alkaline Solution without $ 276.96 $ 439.80 $ 690.96 $779.28 metals pH> 12.5 (D002)
21 of 26 19 July 18, 2023, Item #4
2 Corrosive liquid no metals $276.96 $ 439.80 $690.96 $ 779.28
3 Aqueous solution with $270.30 $433.20 $707.80 $796.28 metals
4 Asbestos-containing waste $332.58 $332.58 $332.58 $332.58 (dry)
5 Other inorganic solid waste $398.00 $1,232.00 $2,305.00 $2,611.00 (0009)
Organics 5 gal. 15 gal. 30 gal. 55 gal.
Oxygenated solvents
6 (acetone, butanol, ethyl, $220.80 $357.42 $596.04 $656.76
acetate, etc.)
Hydrocarbon Solvents
7 (benzene, hexane, stoddard, $220.80 $357.42 $596.04 $656.76
etc.)
8 Unspecific solvent mixture $220.80 $357.42 $596.04 $656.76
9 Waste oil and mixed oil $146.28 $165.18 $190.20 $220.80
10 Oil/ water separation sludge $146.28 $165.18 $190.20 $220.80
11 Unspecific oil-containing $ 146.28 $165.18 $190.02 $220.80 waste
12 Pesticide rinse water (Non-$146.28 $165.18 $190.02 $220.80 RCRA)
13 Pesticide rinse water $208.26 $320.04 $405.72 $444.24 (RCRA)
Off-specification, aged or
14 surplus organics (flammable $220.80 $357.42 $596.04 $656.76
liquids)
Other organic solids (Debris
15 with used oil, gasoline $140.34 $164.10 $230.14 $242.46
and/or diesel fuel)
Biohazard Waste 5 gal. 15 gal. 30 gal. 55 gal.
16 Biohazardous Waste (blood, $100.00 $125.00 $150.00 $200.00 bodily fluids, etc.)
Miscellaneous $146.28 $165.18 $190.02 $220.80
22 of 26 20 July 18, 2023, Item #4
17 Used Oil (non-chlorinated) $146.28 $165.18 $190.02 $220.80
18 Used Oil (chlorinated) $146.28 $165.18 $190.02 $220.80
Petroleum-Contact Water
19 (Including fuels such as $220.80 $357.42 $596.04 $656.76 gasoline, diesel, oil, aircraft
fuel, and biodiesel
20 Gasoline $220.80 $357.42 $596.04 $656.76
21 Diesel $220.80 $357.42 $594.04 $656.76
22 Empty Pesticide Containers $140.34 $164.10 $230.14 $242.46
23 Detergent and soap $ 140.34 $164.10 $230.00 $242.46
24 Contaminated soil with $140.34 $164.10 $230.14 $242.46 diesel fuel and/or gasoline
25 Non RCRA solids $140.34 $164.10 $230.14 $242.46
26 Non RCRA liquids $140.34 $164.10 $230.14 $242.46
27 Aerosol $109.00 $200.00 $354.00 $445.00
28 Elemental Mercury $398.00 $1,232.00 $2,305.00 $2,611.00
29 Mercury Related $398.00 $1,232.00 $2,305.00 $2,611.00
30 lncinerable waste $200.00 $325.00 $524.00 $796.00 (flammable sludge/solids)
31 Latex Paint $25.00 $25.00 $50.00 $50.00
32 Oxidizer Solids/ liquids $429.87 $955.92 $1,238.82 $1,448.58
33 Other wastes upon request-
As Needed
34 Compressed Gases CBC CBC CBC CBC
23 of 26 21 July 18, 2023, Item #4
Item
No.
1
2
3
4
5
6
24 of 26
Table 7: As Needed Hazardous Waste Removal City Generated
& Scheduled Disposal
Item Description Unit of Est Qty. Cost Extended
Measure Each Price
Asphalt Emulsion, 55-Each 10 $349.65 $3,946.50 gallon drum
Used Motor Oil, 55-gallon Each 3 $229.05 $687.15 drum
Uncrushed Oil Filters, 55-Each 2 $257.00 $514.00 gallon drum
Antifreeze, 55-gallon drum Each 3 $364.65 $1,183.95
Empty Drum-Open Top, Each 10 $75.00 $750.00 55-gal
Empty Drum-Closed Top, Each 10 $75.00 $750.00 55-gal
22 July 18, 2023, Item #4
GUARANTY
To the City of Poway, City Council, for:
OCEAN BLUE ENVIRONMENTAL SERVICES
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
25 of 26 23 July 18, 2023, Item #4
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."
26 of 26 24 July 18, 2023, Item #4
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to
enable Consultant to effectively perform the services. Consultant shall treat all such information
as confidential, whether or not so identified, and shall not disclose any part thereof without the
prior written consent of the City. Consultant shall limit the use and circulation of such information,
even within its own organization, to the extent necessary to perform the services. The foregoing
obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has
been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant,
hereafter disclosed in publicly available sources of information; (iii) is now in the possession of
Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully
disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other
results of the services or the existence of the subject matter of this contract without the prior
written consent of the City. In its performance hereunder, Consultant shall comply with all legal
obligations it may now or hereafter have respecting the information or other property of any other
person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost
and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person,
other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that
it has not paid or agreed to pay any company or person, other than a bona fide employee, any
fee, commission, percentage, brokerage fee, gift or any other consideration , contingent upon or
resulting from the award or making of the Agreement. For breach of violation of this warranty,
City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct
from the Agreement price or consideration, or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee .
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of City and shall be
delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform
services of-any kind for any person or entity whose interests conflict in any way with those of the
City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and
the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use
its official position to influence in any way any matter coming before the City in which the
Consultant has a financial interest as defined in Government Code Section 87103. Consultant
represents that it has no knowledge of any financial interests which would require it to disqualify
itself from any matter on which it might perform services for the City.
4 of26
2 July 18, 2023, Item #5
"Consultant" means an individual who, pursuant to a contract with a state or local
agency:
(A) Makes a governmental decision whether to :
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application,
certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided
it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to
which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines
for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City 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.
DISCLOSURE DETERMINATION:
[81 1. Consultant/Contractor will not be "making a government decision" or
"serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving
in a staff capacity" as defined in Sections A and B above. As a result,
Consultant/Contractor shall be required to file a Statement of Economic Interest
with the City Clerk of the City of Poway in a timely manner as required by law.
Robert J. Manis, Director of Development Services
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted,
except as otherwise specifically provided herein, or to which City, in its sole discretion, consents
to in advance thereof in writing. Any assignment or subcontracting in violation of this provision
shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets,
accounting records, and other evidence pertaining to costs incurred and shall make such
materials available at its office at all reasonable times during the contract period and for three (3)
5 of26 3 July 18, 2023, Item #5
years from the date of final payment under this Agreement, for inspection by City and copies
thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent
contractor and shall not be an employee of the City of Poway. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement; however, City shall not have the right to control the means by which Consultant
accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to practice its profession.
Consultant represents and warrants to City that Consultant shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or approval which
is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's
negligent performance of professional services, City and its respective elected and appointed
boards, officials, officers, agents, employees and volunteers (individually and collectively,
"lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall
indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims,
actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and
expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which
lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or
arising out of any injury to or death of any person(s), damage to property, loss of use of property,
economic loss or otherwise occurring as a result of Consultant's negligent performance under this
Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers,
directors, sub-consultants or employees.
(b) For Claims alleged to arise from Consultant's negligent performance of
professional services, lndemnitees shall have no liability to Consultant or any other person for,
and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all
Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by
reason of or arising out of any injury to or death of any person(s), damage to property, loss of use
of property, economic loss or otherwise to the extent occurring as a result of Consultant's
negligent performance of any professional services under this Agreement, or by the negligent or
willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or
employees, committed in performing any of professional services under this Agreement. For
Claims alleged to arise from Consultant's professional services, Consultant's defense obligation
to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys'
fees to the extent caused by Consultant's negligence.
6 of 26 4 July 18, 2023, Item #5
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims
arise from the sole negligence or willful misconduct of City or its elected and appointed boards,
officials, officers, agents, employees and volunteers.
(d) In any and all Claims against City by any employees of the Consultant, anyone
directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification
obligation under this Section 15 shall not be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or for the Consultant under worker's
compensation acts, disability benefit acts or other employee benefit acts.
(e) Consultant shall, upon receipt of written notice of any Claim, promptly take all
action necessary to make a claim under any applicable insurance policy or policies Consultant is
carrying and maintaining; however, if Consultant fails to take such action as is necessary to make
a claim under any such insurance policy, Consultant shall reimburse City for any and all costs,
charges, expenses, damages and liabilities incurred by City in making any claim on behalf of
Consultant under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be
construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which
would otherwise exist as to any party or person indemnified pursuant to this Section 15.
(g) The rights and obligations of the parties described in this Section 15 shall survive
the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee
and not covered by insurance maintained, or required by this Agreement to be maintained, by
Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the
personnel (including death) and property of Consultant that occurs in the course of, or in
connection with, the performance of Consultant's obligations under this Agreement, including but
not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are
not to be liable for injury or damage which may be sustained by the person, goods or property of
Consultant or its employees in connection with Consultant's performance its obligations under
this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority,
expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant
shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested
services. The City shall have the right to review and disapprove personnel for assignment to
Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Consultant by giving oral or written notice to Consultant to such effect.
7 of 26
5 July 18, 2023, Item #5
Consultant's personnel shall at all times comply with City's drug and alcohol
policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions"
attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws
of the State of California. Each party to this Agreement consents to personal jurisdiction in San
Diego County, California, and hereby authorizes and accepts service of process sufficient for
personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for
giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or
conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central
Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant
hereby waives any right to remove any such action from San Diego County as is otherwise
permitted by California Code of Civil Procedure section 394. The prevailing party in any such
action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including
its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees.
Notwithstanding the foregoing, in the event that the subject of such an action is compensation
claimed by Consultant in the event of termination, Consultant's damages shall be limited to
compensation for the 60-day period for which Consultant would have been entitled to receive
compensation if terminated without cause, and neither party shall be entitled to recover their
litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean
the individual or corporate consultant and any and all employees of consultant providing services
hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute one and the
same instrument. Documents delivered by telephonic facsimile transmission shall be valid and
binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and
City relating to the terms and conditions of the services to be performed by Consultant. No
agreements, representations or promises made by either party, whether oral or in writing, shall
be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees'
Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor
are not current members of the California Public Employees' Retirement System (Cal PERS) and
shall not become members of CalPERS while providing services to City.
8 of 26
6 July 18, 2023, Item #5
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)
9 of 26 7 July 18, 2023, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the
date first above written.
CITY OF POWAY
By:----------
Chris Hazeltine, City Manager
Date: ----------
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By:-------------Alan Fenstermacher, City Attorney
10 of 26
SILLMAN WRIGHT ARCHITECTS
By:--------------
Brett Tullis, Principal Architect
Date: ------------
8 July 18, 2023, Item #5
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall
consist of the architectural and engineering design services further described in the Scope of
Services submitted with the proposals dated February 23, 2023, which is included in this
document as Attachment 1, and incorporated by reference, as if its contents were fully set
forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted
with the proposals dated February 23, 2023, which are included in this document as Attachment
1. Total fee is not to exceed Six Hundred Seventy-Nine Thousand Ninety Dollars ($679,090~.
Consultant's fee shall include and Consultant shall be responsible for the payment of all
federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable
expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in
performance of the services. Consultant shall bill City for such expenses as incurred, referencing
this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess
of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within
ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates.
Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall
receive prior authorization for air travel and lodging expenses. All other expenses shall be
reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall commence and be effective as of July 19,
2023 ("Effective Date"), and shall automatically terminate upon completion of the Project, as
determined by the City in its sole discretion, unless sooner terminated by City as provided in
the section of this Agreement entitled "Termination." Upon the termination of this Agreement,
Consultant shall return to City any and all equipment, documents or materials and all copies
made thereof which Consultant received from City or produced for City for the purposes of this
Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of
the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations,
products/completed, broad form property damage, and blanket contractual liability with the
following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined
each occurrence and $2,000,000 aggregate.
11 of 26 1 July 18, 2023, Item #5
(b) Automobile Liability, including owned, hired, and non-owned
vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the
Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of
not less than $1,000,000 combined single limits, per claim and annual aggregate.
(d) Workers' Compensation insurance in statutory amount. All of the
endorsements which are required above shall be obtained for the policy of Workers'
Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following
three provisions:
(a) Additional Insured. (Not required for Professional Errors and
Omissions Liability Insurance or Workers' Compensation.)
"City of Poway and its elected and appointed boards, officers, agents, and
employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30)
days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed
boards, officers, agents, and employees. It is not secondary or in any way subordinate to any
other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance
coverages described in the paragraphs above, in a form and content approved by City, prior to
beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the
following addresses:
To City:
To Consultant:
12 of 26
2
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
Sillman Wright Architects
7515 Metropolitan Drive, Suite 400
San Diego, CA 92108
July 18, 2023, Item #5
February 23, 2023
Jeff Beers
City of Poway
Attachment 1
Special Projects Engineer
858-668-4624
jbeers@poway.org
Project:
Poway Center for the Performing Arts (PCPA)
Architectural and Engineering Design Services
RFP #22-003
Subject:
Proposal for Architectural & Engineering Services
Dear Jeff:
SILLMAN (Architect) is pleased to provide the City of Poway (Client) with this
proposal for Architectural & Engineering Services for the replacement of the
HVAC systems and ADA Upgrades at the Poway Center for the Performing
Arts (PCPA) an existing Performing Arts Center on a previously developed
site.
The Project will utilize the Design-Bid-Build (DBB) delivery system.
Project Description:
The Project is to design and construct a multi-phase rehabilitation project at
the existing Poway Center for the Performing Arts (PCPA) located at 15498
Espola Road, Poway, CA 92064. As the Project is located on the Poway High
School Campus, the Project will be processed with the Division of the State
Architect (DSA) for review and approval.
This project is to design a complete set of Division of the State Architect
(DSA) approved plans for a multi-phase rehabilitation project of the PCPA.
The scope will include replacement of most of the major HVAC, plumbing,
electrical equipment as well as replacement of many interior finishes and
ADA upgrades.
Construction will occur in multiple phases and will be coordinated with the
performance schedule of the PCPA so as not to interfere with the schedule. It
13 Of 26 SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92108 I T: 619.294.7515 I F: 619.294 .7592 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
Page 2 of 9
is anticipated that construction will take place during the summer months
when the PCPA is closed.
I. Scope of Services
The Architect shall provide Design Services which include, but are not limited
to, the following items:
1. Project Kick-Off:
a. The Architect will collect and review record drawings, conduct
site visits as necessary, and attend a project kick off meeting
with Client and Poway Unified School District staff.
2. 50% Construction Drawings:
a. The Architect will prepare and submit 50% design plans using
the Schematic Plans provided by the Client as the basis of
work.
b. The Architect will meet with DSA to review the scope of the
project and determine the exact requirements of the permit
plan set.
3. 75% Construction Drawings:
a. Upon completion of the City's review of the 50% Construction
Documents plan submittal, the Architect will incorporate all
comments, prepare, and submit 75% design plans to the
Client for review.
4. 100% Construction Drawings:
a. Upon completion of the City's review of the 75% plan
submittal, the Architect will incorporate all comments and
provide the 100% submittal.
5. Division of State Architect Submittal:
a. Upon Completion of the City's review of the 100% submittal,
the Architect will incorporate all comments and provide the
DSA permit submittal. The project team will submit the 100%
plans to the Division of State Architect for permitting. Thi,s
submittal shall include all documents required by DSA. The
14 Of 26 SILLMAN I 7515 Met,opolitan Drive I Suite 400 I San Diego CA 92108 IT: 619.294.7515 I F: 619.294.7592 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
Page 3 of 9
project team shall respond to any comments by the DSA in
order to gain a construction permitted plan set.
6. Bidding Support:
a. The Architect will provide Bid Support services including
responding to design related Requests for Information (RFls).
The Architect will attend Bid meetings as necessary
b. This being a multi-phase construction project, it is envisioned
that there could be five (5) separate Bidding and Construction
Support efforts.
c. Only one (1) General Contractor will be selected. In addition
only one (1) Subcontractor per trade will be selected.
7. Construction Administration:
a. The Architect shall provide a Construction Administrator to
attend progress meetings, observe construction activity,
liaison between the City's Project Manager, DSA Inspector
and the Contractor and all other activities as relates to the
supervision of a construction project. This is not envisioned to
be a full-time standalone position, but a designated person
that will lead the construction effort for the City and Architect.
b. Since the Project is multi-phased, the Architect will only be
reviewing one (1) submittal / shop drawing review per
specification section. Once the submittal is approved there will
not be another submittal for the same product / equipment /
system.
8. Project Closeout:
a. The Architect will incorporate all construction changes into a
record set of plans and deliver the final drawing set in both
PDF and AutoCad (v.2010 or newer)
9. Architect shall coordinate with any additional Consultants selected by
Client
II. Conceptual Schedule
A preliminary schedule is provided based on initial input from the Client. The
Architect has limited influence over the schedule and will update the Client
15 Of 26 SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92108 I T: 619.294.7515 I F: 619.294.7592 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
Page 5 of 9
Ill. Exclusions
A Civil, Landscape, Technology, Acoustical, Fire Alarm, Security and
Telecommunications Design
B. Environmental, Conditional Use/Discretionary/Entitlements Permit
Processing / Plans
C. Site ADA Elements including Path of Travel, Parking, Public Transit.
D. Audio Visual Design and Equipment
E. Permit and other fees
F. As-built drawings of existing conditions
G. Signage (other than required by Code)
H. Renderings
I. ADA Survey/ Transition Plan
J. Construction Management
K. LEED Management and Documentation
L. Furniture Fixtures and Equipment (FF&E)
M. Coordinating with more the one (1) team of General
Contractors / Subcontractors.
N. Reviewing more than one (1) submittal per specification
section for shop drawings/ product review/ system.
0. Multiple DSA Submittals
P. Client Design Revisions/ Value Engineering after the
completion of the 50% Construction Documents Phase
17 Of 26 SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92103 IT: 619.294.7515 I F: 619.294 .7592 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
Page 8 of 9
VI. Miscellaneous Provisions
A. Reimbursable expenses shall be billed to Client at 115% of supplier's
gross invoice to Architect · and will include governmental fees,
permits, assessments, photography, special presentation materials,
long distance telephone charges, title company charges, specialty
Consultants (i.e., acoustic engineer, geologist, traffic engineers, etc.),
authorized traveling expenses, and all other charges not specifically
covered by the terms of this agreement.
B. Our invoices are payable in full on receipt. If Client fails to pay
Architect within thirty (30) days after the invoice date, Architect shall
have the right to immediately stop all work on the project and
suspend performance of his obligations under this Agreement. This is
in addition to his other rights and remedies, including his right to
terminate this Agreement.
C. A LATE PAYMENT CHARGE will be computed at the rate of 1.5%
per month and will be applied to any unpaid balance commencing
thirty (30) days after the original invoice. Imposition of the late
payment charge shall not imply an agreement to delay collection of a
delinquent account, nor shall it affect Architect's other rights and
remedies, including his right to terminate this Agreement.
D. Construction Management or supervision is not a part of this contract
nor is the participation in bidding or field inspection. The Contractors
who will be hired by Client are considered experts in their relative
fields and shall notify Client and Architect immediately of any work
shown on plans prepared by Architect which cannot be fully complied
with or guaranteed prior to the installation of the work. Client agrees
to defend, indemnify and hold Architect harmless from any and all
liability, real or alleged, that might be occasioned by others
performing construction and/or construction management or
supervision for project.
E. Architect is not the Construction Manager and does not guarantee
the completion date or quality of performance of contracts by the
construction manager, contractors, or sub-contractors, or third
parties, nor is Architect responsible for their acts or omissions.
F. The fees for the above scope of work are valid for twelve (12) months
from the date of this proposal.
20 Of 26 SILLMAN I 7515 'Metropolitan Drive I Suite 400 I San Diego CA 92108 I T: 619.294.7515 I F: 619.294.7592 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023
Page 9 of 9
G. Hourly contracts and additional assignments at Client's request will
be billed at our standard hourly rates as follows unless notified in
writing thirty (30) days prior to any changes.
VII. Schedule Of Rates
Our standard hourly rates are as follows unless notified in writing
thirty (30) days prior to any changes. The schedule of rates will be
updated annually.
Principal Architect
Project Architect
Project Manager
Project Designer
Job Captain
Drafter/ CAD I BIM
Administrative
$220/hour
$190/hour
$180/hour
$170/hour
$150/hour
$120/hour
$110/hour
Thank you for this opportunity to collaborate with the City of Poway on the
renovation of the Poway Center for the Performing Arts. We look forward to a
successful project together.
Sincerely,
Brett Tullis, AIA, LEED®AP
Principal Architect
License No. C-31087
21 Of 26 SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92108 I T: 619.294.7515 I F: 619.294.7592 July 18, 2023, Item #5
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular
Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Allnotatetl > GOVERNMENT CODE> Title 1 General> Division 7
Miscellaneous> Chapter 21 Public Pension anti Retirement Plans> Article 4 California Public
Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public
retirement system; Section supersedes conflicting provisions
(a)This section shall apply to any person who is receiving a pension benefit from a public
retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract
directly by, a public employer in the same public retirement system from which the retiree
receives the benefit without reinstatement from retirement, except as permitted by this
section.
(c) A person who retires from a public employer may serve without reinstatement from
retirement or loss or interruption of benefits provided by the retirement system upon
appointment by the appointing power of a public employer either during an emergency to
prevent stoppage of public business or because the retired person has skills needed to
perform work of limited duration.
(d)Appointments of the person authorized under this section shall not exceed a total for all
employers in that public retirement system of 960 hours or other equivalent limit, in a
calendar or fiscal year, depending on the administrator of the system. The rate of pay for the
employment shall not be less than the minimum, nor exceed the maximum, paid by the
employer to other employees performing comparable duties, divided by 173.333 to equal an
hourly rate. A retired person whose employment without reinstatement is authorized by this
section shall acquire no service credit or retirement rights under this section with ,respect to
the employment unless he or she reinstates from retirement.
(e)
22 of 26
(l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve
or be employed by a public employer if, during the 12-month period prior to an
appointment described in this section, the retired person received any unemployment
insurance compensation arising out of prior employment subject to this section with
July 18, 2023, Item #5
Cal Gov Code § 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting
an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment
insurance compensation as described in this subdivision shall terminate that
employment on the last day of the current pay period and shall not be eligible for
reappointment subject to this section for a period of 12 months following the last
day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a
period of 180 days following the date of retirement unless he or she meets one of the
following conditions:
23 of 26
(l)The employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed position before 180 days have passed and the
appointment has been approved by the governing body of the employer in a public
meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state
employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed state employment position before 180 days
have passed and the appointment has been approved by the Department of
Human Resources. The department may establish a process to delegate
appointing authority to individual state agencies, but shall audit the process to
determine if abuses of the system occur. If necessary, the department may assume
an agency's appointing authority for retired workers and may charge the
department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly
Rules Committee certifies the nature of the employment and that the
appointment is necessary to fill a critically needed position before 180 days
have passed and approves the appointment in a public meeting. The
appointment may not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the
California State University certifies the nature of the employment and that the
appointment is necessary to fill a critically needed position before 180 days have
passed and approves the appointment in a public meeting. The appointment may
not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program
pursuant to a collective bargaining agreement with the California State University
that existed prior to January 1, 2013, or has been included in subsequent
agreements.
2
July 18, 2023, Item #5
Cal Gov Code § 7522.56
( 4)The retiree is a public safety officer or firefighter hired to perform a function or
functions regularly performed by a public safety officer or firefighter.
(g)A retired person who accepted a retirement incentive upon retirement shall not be
eligible to be employed pursuant to_ this section for a period of 180 days following the date
of retirement and subdivision (t) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers'
Retirement System, and who is subject to Section 24214. 24214. 5 or 26812 of the
Education Code.
(i)This section shall not apply to (I) 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, 2913. 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 § I (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
Note--
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (t)(l) and (f)(2); (2)
"or firefighter hired to perform a function or functions regularly performed by a public safety
officer or firefighter" for "of firefighter" in subd (t)(4); and (3) "Judges' Retirement System" for
"Judges' Retirement System I" in subd (i).
3
24 of 26 July 18, 2023, Item #5
ATTACHMENT B
PCPA CIP PROJECT ITEMS
WORK LOCATION WORK ITEM
HVAC 1. -,.. ·--· -·
First Floor Corridor Fan Coil Units (First Floor)
Fan Coil Units (First Floor)
Second Floor Fan Coil Units (Second Floor)
Office and Lobby Ceiling Variable Air Volume Units
First Floor Mech Room Air Handling Unit 1
Second Floor Mech Rm Air Handling Unit 4
Air Handling Unit 5
Corridor Ceiling Air Handling Unit 7
Rooftop Exhaust Fans (75-450 cfm)
Exhaust Fans (950-1200 cfm)
Exhaust Fans (1775 cfm)
Packaged Terminal Air Conditioner
Air Handling Unit 2
Air Handling Unit 3
Air Handling Unit 6
Mechanical Room Heating Hot Water Pump
Condensing Water Pump
Chilled Water Pump
Facility HVAC Controls
PLUMBING ~
-
Restrooms Water Heater -2,3,4,5,6,9,10,11,12
Men's Restrooms Urinals
Facility Stainless Steel Sinks
Water Heaters (Tank)
Room 129 Water Heaters (Tank)
----ELECTRICAL .. -
Facility 100 amp Distribution Panel
800 amp Distribution Panel
1000 amp Distribution Panels
Second Floor Electrical Room Secondary Transformer (300 kilovolt amps)
Electrical Rooms Secondary Transformer (75 kilovolt amps)
FLOORING ., -~-~ -· .
Facility Vinyl Composition Tile
Carpet
Auditorium Vinyl Sheet
Seating
CEILING --_o,.,·•-
Facility Acoustic Ceiling Tiles -Lay In Ceiling
Acoustic Ceiling Tiles -Lay In Ceiling (Fiberglass)
ROOFING -" . ---· -
All levels Roof Replacement
25 of 26 ATTACHMENT B July 18, 2023, Item #5
ATTACHMENT B
WORK LOCATION WORK ITEM
ADA PROJECTS l -·--..
Auditorium (ADA) Aisle Handrails
Front of House (ADA) Stair Handrails (Lobby)
Stair Handrails (Side Staircase)
Stair Handrails (Corridor Stairs)
Ticket Counter Height
Snackbar Counter Height
Bar Counter Height
Men's Restrooms (1st Floor)
Women's Restroom (1st Floor)
Men's Restrooms (Mezzanine)
Women's Restroom (Mezzanine)
Unisex Restroom (Second Floor)
Unisex Restroom (Second Floor)
Elevator Entrance (Lobby)
Elevator Entrance (Second Floor)
Chair Lift (Mezzanine)
Back of House (ADA) Ramp Handrails
Men's Restroom
Women's Restroom
Restroom/Shower (Dressing Room 1)
Restroom/Shower (Dressing Room 2)
Restroom/Shower (Dressing Room 3)
Lavatories (Group Dressing Room)
Site (ADA) Ramp Handrails North Side of Building
Front Loading Zone ADA Signage
Ramp Handrails South Side of Building
Stair Handrails
26 of 26 July 18, 2023, Item #5
OPENGOV SOFTWARE SERVICES AGREEMENT
OPENGOV SOFTWARE SERVICES AGREEMENT
This Software Services Agreement (this "Agreement") is entered into by OpenGov, Inc., a Delaware corporation
with a principal place of business at 6525 Crown Blvd #41340, San Jose, CA 95160 ("OpenGov") and the
customer listed on the signature block below ("Customer''), as of the date of last signature below (the "Effective
Date"). This Agreement sets forth the terms under which Customer will be permitted to use OpenGov's hosted
software services.
1. DEFINITIONS
"Customer Data" means data that is provided by Customer to OpenGov pursuant to this Agreement (for
example, by email or through Customer's software systems of record). Customer Data shall not include any
confidential personally identifiable information.
"Documentation" means the documentation for the Software Services at the Customer Resource Center
page found at https://opengov.zendesk.com.
"Feedback" means suggestions, comments, improvements, ideas, or other feedback or materials regarding
the Software Services provided by Customer to OpenGov, including feedback provided through online developer
community forums.
"Initial Term" means the initial license term specified in number of years on the Order Form, commencing on
the Effective Date.
"Intellectual Property Rights" means all intellectual property rights including all past, present, and future
rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights,
trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary
rights in intellectual property of every kind and nature.
"Order Form" means OpenGov's Software Services order form that: (a) specifies the Software Services
provided by OpenGov; (b) references this Agreement; and (c) is signed by authorized representatives of both
parties.
"Renewal Term" means each additional renewal period, which shall be for a period of equal duration as the
Initial Term, for which this Agreement is extended pursuant to Section 7.2.
2. SOFTWARE SERVICES, SUPPORT AND PROFESSIONAL SERVICES
2.1 Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use
commercially reasonable efforts to perform the software services identified in the applicable Order Form entered
into by OpenGov and Customer ("Software Services").
2.2 Support & Service Levels. Customer support is available by email to support@opengov.com or by using
the chat messaging functionality of the Software Services, both of which are available during OpenGov's standard
business hours. Customer may report issues any time. However, OpenGov will address issues during business
hours. OpenGov will provide support for the Software Services in accordance with the Support and Software
Service Levels found at https://opengov.com/service-sla, as long as Customer is entitled to receive support under
the applicable Order Form and this Agreement.
2.3 Professional Services.
(a) If OpenGov or its authorized independent contractors provides professional services to Customer, such
as implementation services, then these professional services will be described in a statement of work ("SOW")
agreed to by the parties (the "Professional Services"). Unless otherwise specified in the SOW, any pre-paid
Professional Services Fees must be utilized within one (1) year from the Effective Date. Any unused pre-paid
Professional Services Fees shall be forfeited.
(b) Unless the SOW provides otherwise, all reasonable travel expenses, pre-approved by Customer and
incurred by Op_enGov in performing the professional services will be reimbursed by Customer. Travel expenses
Rev. 2018.01_210519NoSig
3 of10 ATTACHMENT A July 18, 2023, Item #6
OPENGOV SOFTWARE SERVICES AGREEMENT
include cost of coach airfare travel round trip from the individual's location to Customer's location, reasonable
hotel accommodations, ground transportation and meals.
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Restrictions. Customer may not use the Software Services in any manner or for any purpose other than
as expressly permitted by the Agreement. Customer shall not, and shall not permit or enable any third party to:
(a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble,
decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent
applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host,
disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any
benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with
the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential
personally identifiable information to OpenGov or the Software Services platform.
3.2 Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party
software systems of record (such as Customer's ERP systems) needed to connect to, access or otherwise use
the Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible
with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files,
and (c) all uses of Customer user accounts by any party other than OpenGov.
4. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS; ACCESS TO CUSTOMER DATA
4.1 Software Services. OpenGov retains all right, title, and interest in the Software Services and all
Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any
custom fonts, graphics and button icons, are the property of OpenGov and Customer may not copy, imitate, or
use them, in whole or in part, without OpenGov's prior written consent. Subject to Customer's obligations under
this Agreement, OpenGov hereby grants to Customer a non-exclusive, royalty-free license during the Term to use
the Software Services.
4.2 Customer Data. Customer retains all right, title, and interest in the Customer Data and all Intellectual
Property Rights therein. Customer hereby grants to OpenGov a non-exclusive, royalty-free license to, and permit
its partners (which include, without limitation the hosting providers of the Software Services) to, use, store, edit
and reformat the Customer Data, and to use Customer Data for purposes of sales, marketing, business
development, product enhancement, customer service, or for analyzing such data and publicly disclosing such
analysis ("Insights"), provided that in all such uses Customer Data is rendered anonymous such that Customer is
no longer identifiable.
4.3 Access to Customer Data. Customer may download the Customer Data from the Software Services at
any time during the Term, other than during routine software maintenance periods. OpenGov has no obligation to
return Customer Data to Customer.
4.4 . Feedback. Customer hereby grants to OpenGov a non-exclusive, royalty-free, irrevocable, perpetual,
worldwide license to use and incorporate into the Software Services and Documentation Customer's Feedback.
OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation
based on or derived from any of Customer's Feedback including all Intellectual Property Rights in and to the
improvements and modifications.
5. CONFIDENTIALITY
5.1 Each party (the "Receiving Party") agrees not to disclose any Confidential Information of the other party
(the "Disclosing Party") without the Disclosing Party's prior written consent, except as provided below. The
Receiving Party further agrees: (a) to use and disclose the Confidential Information only in connection with this
Agreement; and (b) to protect such Confidential Information using the measures that Receiving Party employs
with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care.
Notwithstanding the above, the Receiving Party may disclose Confidential Information to the extent required by
law or court order, provided that prior written notice of such required disclosure and an opportunity to oppose or
limit disclosure is given to the Disclosing Party.
Rev. 2018.01_210519NoSig
4 of 10 July 18, 2023, Item #6
OPENGOV SOFTWARE SERVICES AGREEMENT
5.2 "Confidential Information" means all confidential business, technical, and financial information of the
disclosing party that is marked as "Confidential" or an equivalent designation or that should reasonably be
understood to be confidential given the nature of the information and/or the circumstances surrounding the
disclosure (including the terms of the applicable Software Agreement). OpenGov's Confidential Information
includes, without limitation, the software underlying the Software Services and all Documentation.
5.3 Notwithstanding the foregoing, "Confidential Information" does not include: (a) "Public Data," which is
data that the Customer has previously released to the public, would be required to release to the public, upon
request, according to applicable federal, state, or local public records laws, or Customer requests OpenGov make
available to the public in conjunction with the Software Services. Confidential Information does not include (b)
information that has become publicly known through no breach by the receiving party; (c) information that was
rightfully received by the Receiving Party from a third party without restriction on use or disclosure; or (d)
information independently developed by the Receiving Party without access to the Disclosing Party's Confidential
Information.
6.
6.1
PAYMENT OF FEES
Fees: Invoicing: Payment: Expenses.
(a) Fees. The fees for the Software Services for the Initial Term and any Renewal Term ("Software
Services Fees") and the fees for Professional Services ("Professional Services Fees") are set forth in the
applicable Order Form. Software Services Fees and Professional Services Fees shall hereafter be referred to as
"Fees". Except to the extent otherwise expressly stated in this Agreement or in an Order Form, (i) all obligations to
pay Fees are non-cancelable and all payments are non-refundable, (ii) Customer must pay all Fees due under all
Order Forms and SOW within thirty (30) days after Customer receives each invoice (invoices are deemed
received when OpenGov emails them to Customer's designated billing contact); (iii) the Software Service Fee
shall be due annually in advance, and (iv) Customer must make all payments without setoffs, withholdings or
deductions of any kind.
(b) Annual Software Maintenance Price Adjustment. OpenGov shall increase the Fees payable for the
Software Services during any Renewal Term by 5% each year of the Renewal Term.
(c) Invoicing and Payment. OpenGov will invoice the Customer according to the Billing Frequency listed
on the Order Form. Customer shall pay all invoices according to the Payment Terms listed on the Order Form.
(d) Travel Expenses. Unless the SOW provides otherwise, OpenGov will invoice Customer for travel
expenses, pre-approved by the Customer, incurred in connection with each SOW as they are incurred. Customer
shall pay all such valid invoices within thirty (30) days of receipt of invoice. Each invoice shall include receipts for
the travel expenses listed on the invoice.
(e) Customer Delays: On Hold Fee.
I. On Hold Notice. Excluding delays caused by Force Majeure as described in Section 10.5, if
OpenGov determines that Customer's personnel or contractors are not completing Customer's
responsibilities described in the applicable SOW timely or accurately, OpenGov shall promptly, but in no
event more than thirty (30) days from the date of such determination deliver to Customer a notice (an "On
Hold Notice") that (A) designates the Professional Services to be provided to the Customer as "On Hold",
(B) detail Customer's obligations and responsibilities necessary for OpenGov to continue performing the
Professional Services, and (C) specify the Customer shall be invoiced for lost time in production (e.g.
delayed or lost revenue resulting from rescheduling work on other projects, delay in receiving milestone
payments from Customer, equipment, hosting providers and human resources idle) for a fee equal to 10% of
the first year Software Service Fee (the "On Hold Fee").
II. Effects of On Hold Notice. Upon issuing an On Hold Notice, OpenGov shall be entitled,
without penalty, to (A) reallocate resources otherwise reserved for the performance of the Professional
Services, and (B) stop or caused to be stopped the Professional Services to be provided to the Customer
Rev. 2018.01_210519NoSig
5 of10 July 18, 2023, Item #6
OPENGOV SOFTWARE SERVICES AGREEMENT
until the Customer has fulfilled its obligations as set forth in the On Hold Notice. OpenGov shall remove the
"On Hold" status, only upon Customer's fulfillment of its obligations set out in the On Hold Notice, including
payment of the On Hold Fee. Upon Customer's fulfillment of its obligations in the On Hold Notice, OpenGov
may, in its sole discretion, extend the timeline to complete certain Professional Services up to six (6) weeks,
depending on the availability of qualified team resources (OpenGov cannot guarantee that these team
resources will be the same as those who were working on the project prior to it being placed On Hold).
OpenGov shall bear no liability or otherwise be responsible for delays in the provision of the Professional
Services occasioned by Customer's failure to complete Customer's responsibilities or adhere to a Customer
schedule which were brought to the attention of the Customer on a timely basis, unless such delays result,
directly or indirectly from the failure of OpenGov or its authorized independent contractors to perform the
Professional Services in accordance with this Agreement or applicable SOW.
6.2 Consequences of Non-Payment. If Customer fails to make any payments required under any Order Form
or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, (a)
Customer will owe late interest penalty of 1.5% of the outstanding balance per month, or the maximum rate
permitted by law, whichever is lower and (b) If Customer's account remains delinquent (with respect to payment of
a valid invoice) for thirty (30) days after receipt of a delinquency notice from OpenGov, which may be provided via
email to Customer's designated billing contact, OpenGov may temporarily suspend Customer's access to the
Software Service for up to ninety (90) days to pursue good faith negotiations before pursuing termination in
accordance with Section 7. Customer will continue to incur and owe all applicable Fees irrespective of any such
Service suspension based on such Customer delinquency.
6.3 ~-All Fees under this Agreement are exclusive of any applicable sales, value-added, use or other
taxes ("Sales Taxes"). Customer is solely responsible for any and all Sales Taxes, not including taxes based
solely on OpenGov's net income. If any Sales Taxes related to the Fees under this Agreement are found at any
time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to
pay any Sales Taxes, then Customer will be liable for any related penalties or interest, and will indemnify
OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the
transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide
OpenGov, as evidence of such tax exempt status, proper exemption certificates or other documentation
acceptable to OpenGov.
7. TERM & TERMINATION
7 .1 Term. Subject to compliance with all terms and conditions, the term of this Agreement shall commence on
the Effective Date and shall continue until the Subscription End Date specified on the Order Form (the "Initial
Term") unless sooner terminated pursuant to Section 7.3 below.
7 .2 Renewal. This Agreement shall automatically renew for another period of the same duration as the Initial
Term (the "Renewal Term" and together with the Initial Term, the "Term"), unless either party notifies the other
party of its intent not to renew this Agreement in writing no less than thirty (30) days before the end of the Initial
Term.
7.3 Termination. Neither party shall have the right to terminate this Agreement without a legally valid cause. If
either party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days
after notice by the non-breaching party (ten (10) days in the case of non-payment), the non-breaching party may
terminate this Agreement.
7.4 Effect of Termination.
(a) In General. Upon termination pursuant to Section 7.3 or expiration of this Agreement pursuant to
Section 7.1: (a) Customer shall pay in full for all Software Services and Professional Services performed up to
and including the effective date of termination or expiration, (b) all Software Services provided to Customer
hereunder shall immediately terminate; and (c) each party shall return to the other party or, at the other party's
option, destroy all Confidential Information of the other party in its possession.
(b) Deletion of Customer Data. Unless otherwise requested pursuant to this Section 7.4(b), upon the
expiration or termination of this Agreement the Customer Data, excluding any Insights, shall be deleted pursuant
Rev. 2018.01_210519NoSig
6 of10 July 18, 2023, Item #6
OPENGOV SOFTWARE SERVICES AGREEMENT
to OpenGov's standard data deletion and retention practices. Upon written request, Customer may request
deletion of Customer Data, excluding any Insights, prior to the date of termination or expiration of this Agreement.
Such request must be addressed to "OpenGov Vice President, Customer Success" at OpenGov's address for
notice described at Section 10.
7.5 Survival. The following sections of this Agreement shall survive termination: Section 5 (Confidentiality),
Section 6 (Payment of Fees), Section 7.4(b) (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer),
Section 9 (Limitation of Liability) and Section 10 (Miscellaneous).
8. REPRESENTATIONS AND WARRANTIES; DISCLAIMER
8.1 By OpenGov.
(a) General Warranty. OpenGov represents and warrants that: (i) it has all right and authority necessary to
enter into and perform this Agreement; and (ii) the Professional Services, if any, will be performed in a
professional and workmanlike manner in accordance with the related statement of work and generally prevailing
industry standards. For any breach of the Professional Services warranty, Customer's exclusive remedy and
OpenGov's entire liability will be the re-performance of the applicable services. If OpenGov is unable to
re-perform all such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the
deficient work. Customer must make any claim under the foregoing warranty to OpenGov in writing within ninety
(90) days of performance of such work in order to receive such warranty remedies.
(b) Software Services Warranty. OpenGov further represents and warrants that for a period of ninety (90)
days, the Software Services will perform in all material respects in accordance with the Documentation. The
foregoing warranty does not apply to any Software Services that have been used in a manner other than as set
forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software
Services will be uninterrupted or error-free. Any claim submitted under this Section 8.1 (b) must be submitted in
writing to OpenGov during the Term. OpenGov's entire liability for any breach of the foregoing warranty is to repair
or replace any nonconforming Software Services so that the affected portion of the Software Services operates as
warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the
pre-paid, unused portion of the Fee for such Software Services.
8.2 By Customer. Customer represents and warrants that (i) it has all right and authority necessary to enter
into and perform this Agreement; and (ii) OpenGov's use of the Customer Data pursuant to this Agreement will
not infringe, violate or misappropriate the Intellectual Property Rights of any third party.
8.3 Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS
SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND OPENGOV DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
9.1 By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES,
CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR
OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA
OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR
ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C)
FOR ANY MATTER BEYOND SUCH PARTY'S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9.2 By Amount. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE, CUMULATIVE LIABILITY FOR ANY
CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY
CUSTOMER TO OPENGOV (OR, IN THE CASE OF CUSTOMER, PAYABLE) FOR THE SOFTWARE SERVICES
UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.
Rev. 2018.01_210519NoSig
7 of10 July 18, 2023, Item #6
OPENGOV SOFTWARE SERVICES AGREEMENT
9.3 Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not
apply to, and each party accepts liability to the other for: (a) claims based on either party's intentional breach of its
obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either
party and (c) either party's unauthorized use, distribution, or disclosure of the other party's intellectual property.
9.4 No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be
limited to the extent set forth above, some of the above limitations may not apply to Customer.
10. MISCELLANEOUS
10.1 Logo Use. OpenGov shall have the right to use and display Customer's logos and trade names for
marketing and promotional purposes in connection with OpenGov's website and marketing materials, subject to
Customer's trademark usage guidelines provided to OpenGov.
10.2 Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or
telephone communications. However, for notices, including legal notices, required by the Agreement (in Sections
where the word "notice" appears) the parties must communicate more formally in a writing given by personal
delivery, by pre-paid first-class mail or by overnight courier to the address specified in the most recent Order Form
(or such other address as may be specified in writing in accordance with this Section).
10.3 Anti-corruption. OpenGov has not offered or provided any bribe, kickback, illegal or improper payment,
gift, or thing of value to any Customer personnel in connection with the Agreement, other than reasonable gifts
and entertainment provided Customer in the ordinary course of business. If OpenGov become aware of any
violation of the above restriction then OpenGov shall promptly notify Customer.
10.4 Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the
unauthorized use of a party's intellectual property may result in serious and irreparable injury to the aggrieved
party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that,
in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive
relief without being required to post a bond or other surety or to prove either actual damages or that damages
would be an inadequate remedy.
10.5 Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or
failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of
governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service,
utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or
prevented from performing.
10.6 Severability: Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise
remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under
this Agreement will not create a continuing waiver or any expectation of non-enforcement. There are no
third-party beneficiaries to this Agreement.
10.7 Assignment. Except as set forth in this Section, neither party shall assign, delegate, or otherwise transfer
this Agreement or any of its rights or obligations to a third party without the other party's prior written consent,
which consent shall not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such
consent but upon written notice, its rights and obligations under this Agreement to: (i) its corporate affiliate; or (ii)
any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through
purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement
shall inure to the benefit of and bind each party's permitted assigns and successors.
10.8 Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of
this Agreement and neither party has any authority of any kind to bind the other party in any respect.
10.9 Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party
will be entitled to recover costs and attorneys' fees.
10.10 Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of California
without regard to its conflict of laws provisions. Exclusive jurisdiction for litigation of any dispute, controversy or
Rev. 2018.01_210519NoSig
8 of10 July 18, 2023, Item #6
OPENGOV SOFTWARE SERVICES AGREEMENT
claim arising out of or in connection with this Agreement shall be only in the Federal or State court with competent
jurisdiction located in San Mateo County, California, and the parties hereby submit to the personal jurisdiction and
venue therein.
10.11 Complete Agreement. This Agreement is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous written and oral agreements,
communications, and other understandings relating to the subject matter of this Agreement. No modification of
this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
Rev. 2018.01_210519NoSig
9 of10 July 18, 2023, Item #6
G) OPENGOV
Quote Number:
Created On:
Order Form Expiration:
Subscription Start Date:
Subscription End Date:
C'usto111C'r Jnformntion
Customer:
Bill To/Ship To:
Order Details
OG-OOCA3649
4/14/2023
7/29/2023
7(30/2023
7/29/2026
City of Poway, CA
13325 Civic Center Drive
Poway, California 92064
United States
Billing Frequency: Annually in Advance
Payment Terms: Net Thirty (30) Days
SOFTWARE SERVICES·
Product/ Service
Enterprise Asset Management
OMS Users (Unlimited Users). Asset Builder, Ad,·anced Asset, Internal Requests, OMS
Piaf/om, -Add-on Domain Water Treatme111 Plant, SeeC/ickFix Subscription -./0 Users
Enterprise Asset Management
OMS Users (Unlimited Users}, Asset Builder, Ad,•anced Asset, Internal Requests, OMS
Platform -Add-on Domain Water Treatment Plant, SeeC/ickFix Subscription -./0 Users
Enterprise Asset Management
OMS Users (Unlimited Users), Asset B11ilder, Advanced Asset, Internal Req11ests, OMS
Platfonn -Add-on Domain Water Treatment Plant, SeeC/ickFix Subscription --10 Users
Billing Table:
Billing Date
July 30, 2023
July 30, 2024
July 30, 2025
Order Form l.ennl Tel'ms
Amount Due
$82,500.00
$86,625.00
$90,955.00
Start Date
7/30/2023
7/30/2024
7/30/2025
OpenGov Inc.
PO Box 41340
San Jose, CA 95160
United States
Prepared By:
Email:
Contract Term:
Contact Name:
Email:
End Date
7/29/2024
7/29/2025
7/29/2026
Audrey Helle
ahelle@opengov.com
36Months
Brad Rosen
brosen@poway.org
Annual Fee
$82,500.00
$86,625.00
$90,955.00
Annual Subscription Total: See Billing Table
Welcome to OpenGov! Thanks for using our Software Services. This Order Form is entered into between OpenGov, Inc., with its principal place of business at PO Box 41340, San Jose, CA 95160
("OpenGov"), and you, the entity identified above ("Customer"), as of the Effective Date. This Order Form includes and incorporates the OpenGov Software Services Agreement ("SSA") executed by the
parties and attached, or if no such SSA is executed or attached, the SSA at https://opengov.com/terms-of-service and the applicable Statement of Work ("SOW") incorporated herein in the event
Professional Services are purchased. The Order Fonn, SSA and SOW shall hereafter be referred to as the "Agreement". Unless otherwise specified above, fees for the Software Services and Professional
Services shall be due and payable, in advance, on the Effective Date. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by, the OpenGov Terms and
Conditions. Each party's acceptance of this Agreement is conditional upon the other's acceptance of the terms in the Agreement to the exclusion of all other terms.
CITY OF POWAY:
By:-----------
Chris Hazeltine, City Manager
ATTEST:
Carrie Gallagher, CMG, City Clerk
APPROVED AS TO FORM:
By:-----------Alan Fenstermacher, City Attorney
10 of 10
OpenGov, Inc.
Signature:
Name:
Title:
Date:
July 18, 2023, Item #6
July 18, 2023, Item #7
July 18, 2023, Item #7
July 18, 2023, Item #7
LMD 83-1 Zone A-Continued:
TRACT PROJECT NAME
TTM 84-04R Country Creek
TTM 84-07 Woodland Hills
TTM 85-01 Rancho Espola
TTM 86-04 Midland Estates
TTM 86-05 Community 16 Villas (Poway 16)
TTM 87-04 Park Village
TTM 87-06 Cicero-Pacific
TTM 88-05 Gateway/La Manda
TTM 88-09 Carmel Vista
TPM 89-09 Cusick
TTM 99-01 Diroma Estates
TPM 99-05 Spyglass
TTM 02-03 Lamagna
TPM 03-05 · Lamagna
LMD 83 -1 Zone B includes the following non-residential (commercial) developments:
TRACT PROJECT NAME
TPM
CUP
86-03
92-05
LMD 83-1 Zone C includes the following residential development:
Twin Peaks Plaza
Kindercare
TRACT PROJECT NAME
TTM 98-06 Kentfield Estates
In 2018, the City initiated proceedings to form a proposed landscape maintenance district (referred
to as LMD 18-1) within the boundaries of the existing LMD 83-1. Proposed LMD 18-1 would have added
properties that previously were not assessed and established different benefit zones, and increased
assessments currently imposed on properties in the existing LMD 83-1. Proposed LMD 18-1 was
balloted for an increase in assessments with annual cost indexing based on the San Diego-Carlsbad
Consumer Price Index for All Urban Consumers (CPI), not to exceed 3.0 percent. Proposed LMD 18-1
had a majority protest for the increase, and consequently failed to pass the ballot and was not formed.
Fiscal Year 2023-24 assessments for Zone A are proposed to remain unchanged at the Fiscal Year
2022-23 rate of $118.48 per benefit unit per year; Zone B Fiscal Year 2023-24 assessments are
proposed to remain at the Fiscal Year 2022-23 rate of $235.75 per benefit unit per year; and Zone C
Fiscal Year 2023-24 assessments are proposed to remain at the Fiscal Year 2022-23 rate of $496.16
per benefit unit per year.
LMD 83-1 currently has no approved escalation factor for increasing the maximum assessment rate.
Failure of an assessment increase by ballot for LMD 83-1 in Fiscal Year 2017-18, led to a reduction in
maintenance services. Landscape maintenance service levels for Zones A, Band C will remain at level
C and may be subject to further adjustments to align with assessment revenue and to accommodate
unexpected repair needs that arise. Service level C consists of performing landscape maintenance
(e.g., irrigation inspection, removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging,
pruning, sweeping) for respective areas within LMD 83-1 on a monthly basis.
2 of 6 July 18, 2023, Item #8
RESOLUTION NO. 23-
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 2023-24
WHEREAS, City Council of the City of Poway desires to have Landscape Maintenance
District assessments collected on the San Diego County Property Tax Roll;
WHEREAS, pursuant to provisions of City of Poway Resolution No. 00-034 (Policies for
Landscape Maintenance Districts) and Assessment law being "Landscape and Lighting Act of
1972" (being part 2 of Division 15 of the California Streets and Highways Code), applicable
provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions
of "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in
accordance with the Resolution of Intention, being City of Poway Resolution No. 23-022 adopted
by City Council of the City of Poway, County of San Diego, State of California, in connection with
proceedings for Landscape Maintenance District No. 83-1, the Assessment Engineer for the City
of Poway has submitted an Engineer's Report for the District as required by California Street and
Highways Code, Section 22565;
WHEREAS, on June 6, 2023, at a regular meeting of Poway's City Council, amounts to
be collected have been set forth in a public Engineer's Report;
WHEREAS, on July 18, 2023, City Council held a duly advertised public hearing to solicit
comments from the public, both for and against, relative to this matter; and
WHEREAS, this action is authorized by laws of the State of California.
NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Poway as follows:
SECTION 1: The Assessments Rates for three (3) zones are as follows:
Zone A:
Zone B:
Zone C:
$118.48 per benefit unit per year
$235. 75 per benefit unit per year
$496.16 per benefit unit per year
SECTION 2: The sum of assessments to be collected on the Fiscal Year 2023-24 San
Diego County Property Tax Roll to provide for maintenance of landscape improvements within
Zones A, Band C of Landscape Maintenance District No. 83-1 are as follows:
Zone A:
Zone B:
Zone C:
$164,806.00
$ 23,226.00
$ 12,900.00
SECTION 3: Under assessment law, the City of Poway's General Benefit Contribution
has been calculated for Zone A as $60,676.00, for Zone B as $15,702.00 and Zone C as
$3,267.00.
4of6 ATTACHMENT A July 18, 2023, Item #8
Resolution No. 23-
Page 2
PASSED, ADOPTED AND APPROVED at a Regular Meeting of City Council of the City
of Poway, California on the 18th day of July, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 6 July 18, 2023, Item #8
LMD 86-1 Zone A includes the following residential developments:
TRACT PROJECT NAME
TTMs 4090R,4091R,4092R,4093R Bridlewood
TTM 3545 Piedmont Park
TTM 4158 Stone Canyon Ranch
TTM 84-08 The Grove
TTM 89-13 Old Coach Collection
TTM 89-13R The Heritage, Phase I, Unit I
TTM 89-13R The Heritage, Phase I, Un it Ill
TTM 89-13R The Heritage, Phase I, Unit IV
TTM 98-02 North Point
TTM 99-03 Vision Homes
MDRA 98-71 Kennedy Family Trust
MDRA 01-38 Wells Trust
MDRA 05-59 Garczynski
TTM 00-02 Malone
TTM 02-01 BBA Partners
PM 15384 (par 1, 2, 3 and 4) Custom Homes
MAP 15725 Milpitas-Fleming Associates
ROS 4063 Seaman Gregg
TTM 86-01 Huntington Gate, I and II
MDRA 04-02 Sedehi/Fard
TTM 87-05 Serenata
TTM 88-15 Green Valley Estates
LMD 86-1 Zone B includes the following non-residential development:
TRACT PROJECT NAME
TPM 90-06 LDS Poway Chapel
In 2018, the City initiated proceedings to form a proposed landscape maintenance district (referred
to as LMD 18-2) within the boundaries of existing LMD 86-1. Proposed LMD 18-2, would have added
properties that previously were not assessed and established different benefit zones, and increased
assessments currently imposed on properties in existing LMD 86-1. Proposed LMD 18-2 was balloted
for an increase in assessments with annual cost indexing based on the San Diego-Carlsbad Consumer
Price Index for All Urban Consumers (CPI), not to exceed 3.0 percent. Proposed LMD 18-2 had a
majority protest for the increase and consequently failed to pass the ballot and was not formed.
Fiscal Year 2023-24 assessments for Zone A are proposed to remain unchanged at Fiscal Year 2022-
23 rates of $243.04 per year (==$20.25 per month) per benefit unit per year.
LMD 86-1 currently has no approved escalation factor for increasing the maximum assessment rate.
Failure of an assessment increase by ballot for LMD 86-1 in Fiscal Year 2017-18, led to a reduction in
maintenance services. Landscape maintenance service level will remain at level B. Service level B
consists of performing landscape maintenance (e.g., irrigation inspection, removal of trash and debris,
trimming of shrubs, fertilizing, mowing, edging, pruning, sweeping) for respective areas within Zone A
on a bi-monthly basis. Services may continue to be reduced to align with assessment revenue and to
accommodate unexpected repair needs that arise. Notably, with Zone A, the Green Valley Estates
Homeowners Association currently has an agreement in place with the City to maintain rights-of-way
2 of 6 July 18, 2023, Item #9
bordering the development along Lake Poway Road. Therefore, an assessment will not be levied for
these parcels. Zone B (non-residential) is comprised of a single property, The Church of Latter-Day
Saints. Landscape improvements are being maintained by parcel owners under terms of an
agreement with the City. Therefore, an assessment will not be levied for this zone.
City Council's approved Fiscal Year 2023-24 Engineer's Report is on file in the Office of the City Clerk,
13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway,
California.
Environmental Review:
This action is not subject to review under California Environmental Quality Act (CEQA).
Fiscal Impact:
LMD 86-1 does not include a voter-approved inflater which puts pressure on service levels as
expenses increase over time due to inflation while revenues do not. Fiscal Year 2023-24 LMD 86-1
Zone A assessment rate remains unchanged from the Fiscal Year 2022-23 rate of $243.04 per benefit
unit per year. Revenue for LMD 86-1 Zone A is comprised of $231,860.00 from assessments, $7,766.00
in estimated interest earnings and $57,308.00 in General Fund contributions. Estimated revenues are
sufficient to cover planned service levels. Service levels may be subject to adjustments depending on
frequency and magnitude of unplanned events.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, June 29, 2023.
Pursuant to Government Section 53753, all public notification requirements have been met. No
responses have been received regarding proposed assessments at the time this report was written.
Attachments:
A. Resolution
B. LMD 86-1 Map
Reviewed/ Approved By:
Wendy Kaserman
Assistant City Manager
3 of 6
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
July 18, 2023, Item #9
RESOLUTION NO. 23-
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 2023-24
WHEREAS, City Council of the City of Poway desires to have Landscape Maintenance
District assessments collected on the San Diego County Property Tax Roll;
WHEREAS, pursuant to provisions of City of Poway Resolution No. 00-034 (Policies for
Landscape Maintenance Districts) and Assessment law being "Landscape and Lighting Act of
1972" (being part 2 of Division 15 of the California Streets and Highways Code), applicable
provisions of "Proposition 218" (being Article XI 11 C of the California Constitution), and provisions
of "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in
accordance with the Resolution of Intention, being City of Poway Resolution No. 23-023 adopted
by City Council of the City of Poway, County of San Diego, State of California, in connection with
proceedings for Landscape Maintenance District No. 86-1, the Assessment Engineer for the City
of Poway has submitted an Engineer's Report for the District as required by California Street and
Highways Code, Section 22565;
WHEREAS, on June 6, 2023, at a regular meeting of Poway's City Council, amounts to
be collected have been set forth in a public Engineer's Report;
WHEREAS, on July 18, 2023, City Council held a duly advertised public hearing to solicit
comments from the public, both for and against, relative to this matter; and
WHEREAS, this action is authorized by laws of the State of California.
NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Poway as follows:
SECTION 1: The Assessment Rate is as follows:
Zone A: $243. 04 per benefit unit per year
SECTION 2: The sum of assessments to be collected on the Fiscal Year 2023-24 San
Diego County Property Tax Roll to provide for the maintenance of landscape improvements within
Zones A of Landscape Maintenance District No. 86-1 is as follows:
Zone A: $231,860.00
SECTION 3: Under assessment law, the City of Poway's General Benefit Contribution
has been calculated for Zone A as $57,308.00.
4of6
II
II
II
ATTACHMENT A July 18, 2023, Item #9
Resolution No. 23-
Page 2
PASSED, ADOPTED AND APPROVED at a Regular Meeting of City Council of the City
of Poway, California on the 18th day of July, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 6 July 18, 2023, Item #9
0
0 � cf
County of San Diego
ona
__ J
---
6 of 6 ATTACHMENT B July 18, 2023, Item #9
LMD 86-2 Zone A includes the following residential developments:
TRACT PROJECT NAME
TTM 4185R Sunrise Ranch
TTM 87-12 Silver Ridge (aka Poway Villas)
TTM 89-03 Eagle Pointe (aka La Paz Summit)
TPM 97-15 Paradise Development
TTM 89-05 Southern Hills (aka Poway Summit Estates)
LMD 86-2 Zone B includes the following residential developments:
TRACT PROJECT NAME
TTM
CUP
83-02
06-09 (M)
Sycamore Creek
Loma Cabrillo, LLC
Fiscal Year 2023-24 assessments for Zone A are proposed to remain unchanged at the Fiscal Year
2022-23 rate of $186.16 ($15.51 per month) per benefit unit per year; Zone B Fiscal Year 2023-24
assessments are proposed to increase from $337.56 to $363.58 (from $28.13 per month to $30.30 per
month) per benefit unit per year.
In 1998 and 2009, a ballot for an assessment increase with annual cost indexing based on the annual
CPI in Zone A failed. As a result, it was necessary to reduce service levels to ensure LMD 86-2 expenses
did not exceed projected revenue. Consequently, Zone A service level was reduced to level C.
Landscape maintenance service level for Zone A will remain at level C. Service level C consists of
performing landscape maintenance (e.g., irrigation inspection, removal of trash and debris, trimming
of shrubs, fertilizing, mowing, edging, pruning, sweeping) for respective areas within Zone A on a
monthly basis.
Zone B passed the 1998 ballot allowing for the option of an annual increase based on the CPI. Because
projected expenditures are exceeding revenues, an increase of 7.71 percent, the annual change in the
CPI, is requested at this time for Zone B. Landscape maintenance service level for Zone B will remain
at level A. Service level A consists of performing landscape maintenance (e.g., irrigation inspection,
removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging pruning, sweeping) for
respective areas within Zone B on a weekly basis.
City Council's approved Fiscal Year 2023-24 Engineer's Report is on file in the Office of the City Clerk,
13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway,
California.
Environmental Review:
This action is not subject to review under California Environmental Quality Act (CEQA).
Fiscal Impact:
LMD 86-2 Zone A does not include a voter-approved inflater which puts pressure on service levels as
expenses increase over time due to inflation while revenues do not. Fiscal Year 2023-24 LMD 86-2
Zone A assessment rate remains unchanged from the Fiscal Year 2022-23 rate of $186.16 per benefit
unit per year. Revenue for LMD 86-2 Zone A is comprised of $20,478.00 from assessments, $687.00 in
estimated interest earnings and $3,970.00 in General Fund contributions.
2 of 6 July 18, 2023, Item #10
RESOLUTION NO. 23-
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 2023-24
WHEREAS, City Council of the City of Poway desires to have Landscape Maintenance
District assessments collected on the San Diego County Property Tax Roll;
WHEREAS, pursuant to provisions of City of Poway Resolution No. 00-034 (Policies for
Landscape Maintenance Districts) and Assessment law being "Landscape and Lighting Act of
1972" (being part 2 of Division 15 of the California Streets and Highways Code), applicable
provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions
of "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in
accordance with the Resolution of Intention, being City of Poway Resolution No. 23-024 adopted
by City Council of the City of Poway, County of San Diego, State of California, in connection with
proceedings for Landscape Maintenance District No. 86-2, the Assessment Engineer for the City
of Poway has submitted an Engineer's Report for the District as required by California Street and
Highways Code, Section 22565;
WHEREAS, on June 6, 2023, at a regular meeting of Poway's City Council, amounts to
be collected have been set forth in a public Engineer's Report;
WHEREAS, on July 18, 2023, City Council held a duly advertised public hearing to solicit
comments from the public, both for and against, relative to this matter; and
WHEREAS, this action is authorized by laws of the State of California.
NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Poway as follows:
SECTION 1: The Assessment Rates for two (2) zones area as follows:
Zone A:
Zone B:
$186.16 per benefit unit per year
$363.58 per benefit unit per year
SECTION 2: The sum of assessments to be collected on the Fiscal Year 2023-24 San
Diego County Property Tax Roll to provide for the maintenance of landscape improvements within
Zones A and B of Landscape Maintenance District No. 86-2 are as follows:
Zone A:
Zone B:
$20,478.00
$61,081.00
SECTION 3: Under assessment law, the City of Poway's General Benefit Contribution
has been calculated for Zone A as $3,970.00 and Zone B as $3,565.00.
4 of 6
II
II
ATTACHMENT A July 18, 2023, Item #10
Resolution No. 23-
Page 2
PASSED, ADOPTED AND APPROVED at a Regular Meeting of City Council of the City
of Poway, California on the 18th day of July, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 6 July 18, 2023, Item #10
LMD 86-3 Zone A includes the following residential developments:
TRACT PROJECT NAME
TM
TTM
TTM
3994
88-03
94-02
The Pond
Sycamore Springs
Poway Oaks
LMD 86-3 Zone B includes the following non-residential (commercial) developments:
TRACT PROJECT NAME
TPM 90-04 Wal-Mart
TTM 90-05 Creekside Plaza
DR 02-18 Poway City Center
DR 98-07/VAR 98-11 Poway Hyundai
TPM 01-06 Hillside Village Apartments
DR 05-05 Solara Apartments
Fiscal Year 2023-24 assessments for Zone A are proposed to remain unchanged at the Fiscal Year
2022-23 rate of $163.00 ($13.58 per month) per benefit unit per year; Zone B Fiscal Year 2023-24
assessments are proposed to increase from $80.42 to $86.62 (from $6.70 per month to $7.22 per
month) per benefit unit per year.
In 1998, a ballot for an assessment increase with annual cost indexing based on the annual CPI in
Zone A failed. As a result, it was necessary to reduce service levels to ensure LMD 86-3 expenses did
not exceed projected revenue. Consequently, Zone A service level was reduced to level C. Landscape
maintenance service level for Zone A will remain at level C. Service level C consists of performing
landscape maintenance (e.g., irrigation inspection, removal of trash and debris, trimming of shrubs,
fertilizing, mowing, edging, pruning, sweeping) for respective areas within Zone A on a monthly basis.
Zone B passed the 1998-99 ballot allowing for the option of an annual increase based on the CPI.
Because projected expenditures are exceeding revenues, an increase of 7.71 percent, the annual
change in the CPI, is requested at this time for Zone B. The landscape maintenance service level for
Zone B will remain at level A. Service level _A consists of performing landscape maintenance (e.g.,
irrigation inspection, removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging
pruning, sweeping) for respective areas within Zone Bon a weekly basis.
City Council's approved Fiscal Year 2023-24 Engineer's Report is on file in the Office of the City Clerk,
13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway,
California.
Environmental Review:
This action is not subject to review under California Environmental Quality Act (CEQA).
Fiscal Impact:
LMD 86-3 Zone A does not include a voter-approved inflater which puts pressure on service levels as
expenses increase over time due to inflation while revenues do not. Fiscal Year 2023-24 LMD 86-3
Zone A assessment remains unchanged from the Fiscal Year 2022-23 rate of $163.00 per benefit unit
2 of 6 July 18, 2023, Item #11
per year. Revenue for LMD 86-3 Zone A is comprised of $25,917.00 from assessments, $976.00 in
estimated interest earnings and $1,591.00 in General Fund contributions.
LMD 86-3 Zone B includes a voter-approved inflater which helps revenues keep pace with inflation.
The assessment rate for Fiscal Year 2023-24 is increasing by 7.71 percent, or the annual change in the
CPI. Fiscal Year 2023-24 LMD Zone B assessment rate will increase from the Fiscal Year 2022-23 rate
of $80.42 to $86.62 per benefit unit per year. Revenue for LMD 86-3 Zone Bis comprised of $18,838.00
from assessments, $2,947.00 in estimated interest earnings and $7,953.00 in General Fund
contributions.
Estimated revenues are sufficient to cover planned service levels. Service levels may be subject to
adjustments depending on frequency and magnitude of unplanned events.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, June 29, 2023.
Pursuant to Government Section 53753, all public notification requirements have been met. No
responses have been received regarding proposed assessments at the time this report was written.
Attachments:
A. Resolution
B. LMD 86-3 Map
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
3 of 6
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chr<!1!?b
City Manager
July 18, 2023, Item #11
RESOLUTION NO. 23-
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 2023-24
WHEREAS, City Council of the City of Poway desires to have Landscape Maintenance
District assessments collected on the San Diego County Property Tax Roll;
WHEREAS, pursuant to provisions of City of Poway Resolution No. 00-034 (Policies for
Landscape Maintenance Districts) and Assessment law being "Landscape and Lighting Act of
1972" (being part 2 of Division 15 of the California Streets and Highways Code), applicable
provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions
of "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in
accordance with the Resolution of Intention, being City of Poway Resolution No. 23-025 adopted
by City Council of the City of Poway, County of San Diego, State of California, in connection with
proceedings for Landscape Maintenance District No. 86-3, the Assessment Engineer for the City
of Poway has submitted an Engineer's Report for the District as required by California Street and
Highways Code, Section 22565;
WHEREAS, on June 6, 2023, at a regular meeting of Poway's City Council, amounts to
be collected have been set forth in a public Engineer's Report;
WHEREAS, on July 18, 2023, City Council held a duly advertised public hearing to solicit
comments from the public, both for and against, relative to this matter; and
WHEREAS, this action is authorized by laws of the State of California.
NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Poway as follows:
SECTION 1: The Assessment Rates for two (2) zones are as follows:
Zone A:
Zone B:
$163.00 per benefit unit per year
$ 86.62 per benefit unit per year
SECTION 2: The sum of assessments to be collected on the Fiscal Year 2023-24 San
Diego County Property Tax Roll to provide for the maintenance of landscape improvements within
Zones A and B of Landscape Maintenance District No. 86-3 are as follows:
Zone A:
Zone B:
$25,917.00
$18,838.00
SECTION 3: Under assessment law, the City of Poway's General Benefit Contribution
has been calculated for Zone A as $1,591.00 and Zone Bas $7,953.00.
4 of6
II
II
ATTACHMENT A July 18, 2023, Item #11
Resolution No. 23-
Page 2
PASSED, ADOPTED AND APPROVED at a Regular Meeting of City Council of the City
of Poway, California on the 18th day of July, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayo{
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 6 July 18, 2023, Item #11
LMD 87-1 residential developments continued:
TRACT PROJECT NAME
TPM
TPM
04-02
01-05
Rexford
Dynasty Development
On May 21, 2019, a ballot measure was proposed and passed, to reorganize LMD 87-1 to form a new
landscape maintenance district (LMD 19-1) by detaching 327 commercial properties. The existing
residential development areas within LMD 87-1 remained as LMD 87-1.
Fiscal Year 2023-24 assessment rate is proposed to remain unchanged at the Fiscal Year 2022-23 rate
of $210.68 ($17.55 per month) per benefit unit per year. LMD 87-1 currently has no approved
escalation factor for increasing the maximum assessment rate. In Fiscal Year 2021-22, service levels
for landscape maintenance were reduced from a level B to a level C to align expenses with assessment
revenue. For Fiscal Year 2023-24, the landscape maintenance service level will remain at level C.
Service level C consists of performing landscape maintenance (e.g., irrigation inspection, removal of
trash and debris, trimming of shrubs, fertilizing, mowing, edging pruning, sweeping) for respective
areas within LMD 87-1 on a monthly basis. Services may continue to be reduced to align with
assessment revenue and to accommodate unexpected repair needs that arise.
City Council's approved Fiscal Year 2023-24 Engineer's Report is on file in the Office of the City Clerk,
13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway,
California.
Environmental Review:
This action is not subject to review under California Environmental Quality Act (CEQA).
Fiscal Impact:
LMD 87-1 does not include a voter-approved inflator which puts pressure on service levels as
expenses increase over time due to inflation while revenues do not. Fiscal Year 2023-24 LMD 87-1
assessment rate remains unchanged from the Fiscal Year 2022-23 rate of $210.68 per benefit unit per
year. Revenue for LMD 87-1 is comprised of $41,293.00 from assessments, $1,312.00 in estimated
interest earnings and $6,031.00 in General Fund contributions. Estimated revenues are sufficient to
cover planned service levels. Service levels may be subject to adjustments depending on the
frequency and magnitude of unplanned events.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, June 29, 2023.
Pursuant to Government Section 53753, all public notification requirements have been met. No
responses have been received regarding proposed assessments at the time this report was written.
REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK
2 of 6 July 18, 2023, Item #12
RESOLUTION NO. 23-
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 2023-24
WHEREAS, City Council of the City of Poway desires to have Landscape Maintenance
District assessments collected on the San Diego County Property Tax Roll;
WHEREAS, pursuant to provisions of City of Poway Resolution No. 00-034 (Policies for
Landscape Maintenance Districts) and Assessment law being "Landscape and Lighting Act of
1972" (being part 2 of Division 15 of the California Streets and Highways Code), applicable
provisions of "Proposition 218" (being Article XI 11 C of the California Constitution), and provisions
of "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in
accordance with the Resolution of Intention, being City of Poway Resolution No. 23-026 adopted
by City Council of the City of Poway, County of San Diego, State of California, in connection with
proceedings for Landscape Maintenance District No. 87-1 , the Assessment Engineer for the City
of Poway has submitted an Engineer's Report for the District as required by California Street and
Highways Code, Section 22565;
WHEREAS, on June 6, 2023, at a regular meeting of Poway's City Council, amounts to
be collected have been set forth in a public Engineer's Report;
WHEREAS, on July 18, 2023, City Council held a duly advertised public hearing to solicit
comments from the public, both for and against, relative to this matter; and
WHEREAS, this action is authorized by laws of the State of California.
NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Poway as follows:
SECTION 1: The Assessment Rates for one (1) zone is as follows:
Zone A: $210.68 per benefit unit per year
SECTION 2: The sum of assessments to be collected on the Fiscal Year 2023-24 San
Diego County Property Tax Roll to provide for the maintenance of landscape improvements within
Zone A of Landscape Maintenance District No. 87-1 is as follows:
Zone A: $41,293.00
SECTION 3: Under assessment law, the City of Poway's General Benefit Contribution
has been calculated as $6,031.00.
4of6
II
II
II
ATTACHMENT A July 18, 2023, Item #12
Resolution No. 23-
Page 2
PASSED, ADOPTED AND APPROVED at a Regular Meeting of City Council of the City
of Poway, California on the 18th day of July, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 6 July 18, 2023, Item #12
LMD 19-1 non-residential (commercial) developments continued:
TRACT PROJECT NAME
TTM 85-04 Pomerado Business Park I and II
TTM 86-02R Tech Business Center
TTM 87-13 Parkway Business Centre I and II
TTM 88-04R Trident Center
TTM 98-05 Parkway Business Centre Ill
TTM 99-07 Legacy/Toppan
DR 95-13 Watkins Terminals
DR 97-47 Discovery Isle
TTM 00-01 Poway Views, LLC
DR 03-13 Costco/Home Depot
TTM 86-02R Poway Corporate Center
TPM 06-04 Slough Poway 11, LLC
Fiscal Year 2023-24 assessment rate is proposed to increase from the Fiscal Year 2022-23 assessment
rate by 3.0 percent, to $925.77 per benefit unit per year. LMD 19-1 includes a voter-approved inflator
which helps revenues keep pace with inflation. Annual assessment rate increases are capped at 3.0
percent of the annual change in CPI.
Because projected expenditures are exceeding revenues, an increase of 3.0 percent is requested at
this time. Landscape maintenance service level will remain at level A. Service level A consists of
performing landscape maintenance (e.g., irrigation inspection, removal of trash and debris, trimming
of shrubs, fertilizing, mowing, edging, pruning, sweeping) for respective areas within LMD 19-1 on a
weekly basis.
City Council's approved Fiscal Year 2023-24 Engineer's Report is on file in the Office of the City Clerk,
13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway,
California.
Environmental Review:
This action is not subject to review under California Environmental Quality Act (CEQA).
Fiscal Impact:
LMD 19-1 includes a voter-approved inflator which helps revenues keep pace with inflation.
Assessment rate for Fiscal Year 2023-24 is capped at 3.0 percent or the annual change in the CPI,
whichever is less. Fiscal Year 2023-24 LMD 19-1 assessment rate will increase from Fiscal Year 2022-
23's rate of $898.81 to $925.77 per benefit unit per year. Revenue for LMD 19-1 is comprised of
$809,484.00 from assessments, $1,948.00 in estimated interest earnings and $192,943.00 in General
Fund contributions. Estimated revenues are sufficient to cover planned service levels. Service levels
may be subject to adjustments depending on frequency and magnitude of unplanned events.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, June 29, 2023.
Pursuant to Government Section 53753, all public notification requirements have been met. No
responses have been received regarding proposed assessments at the time this report was written.
2 of 6 July 18, 2023, Item #13
Attachments:
A Resolution
B. LMD 19-1 Map
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
3 of6
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch ~
City Manager
July 18, 2023, Item #13
RESOLUTION NO. 23-
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 2023-24
WHEREAS, City Council of the City of Poway desires to have Landscape Maintenance
District assessments collected on the San Diego County Property Tax Roll;
WHEREAS, pursuant to provisions of City of Poway Resolution No. 00-034 (Policies for
Landscape Maintenance Districts) and Assessment law being "Landscape and Lighting Act of
1972" (being part 2 of Division 15 of the California Streets and Highways Code), applicable
provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions
of "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in
accordance with the Resolution of Intention, being City of Poway Resolution No. 23-027 adopted
by City Council of the City of Poway, County of San Diego, State of California, in connection with
proceedings for Landscape Maintenance District No.19-1, the Assessment Engineer for the City
of Poway has submitted an Engineer's Report for the District as required by California Street and
Highways Code, Section 22565;
WHEREAS, on June 6, 2023, at a regular meeting of Poway's City Council, amounts to
be collected have been set forth in a public Engineer's Report;
WHEREAS, on July 18, 2023, City Council held a duly advertised public hearing to solicit
comments from the public, both for and against, relative to this matter; and
WHEREAS, this action is authorized by laws of the State of California.
NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Poway as follows:
SECTION 1: The Assessment Rate for one (1) zone is as follows:
Zone A: $925. 77 per benefit unit per year
SECTION 2: The sum of assessments to be collected on the Fiscal Year 2023-24 San
Diego County Property Tax Roll to provide for maintenance of landscape improvements within
Zone A of Landscape Maintenance District No. 19-1 is as follows:
Zone A: $809,484.00
SECTION 3: Under assessment law, City of Poway's General Benefit Contribution has
been calculated as $192,943.00.
4of6
II
II
II
ATTACHMENT A July 18, 2023, Item #13
Resolution No. 23-
Page 2
PASSED, ADOPTED AND APPROVED at a Regular Meeting of City Council of the City
of Poway, California on the 18th day of July, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 6 July 18, 2023, Item #13
Zone C assessments, which fund the operation and maintenance of traffic signals, safety lights,
flashing beacons, and lighted street name signs within the City boundaries, are collected from all
accessible parcels in Poway. Zone C assessments are based on $13.58 per benefit unit per year for
improved parcels and $6.80 per benefit unit per year for vacant, buildable parcels. Public parks,
facilities and parking lots are not included in the District.
The Fiscal Year 2023-24 assessments are based on the District's operations, maintenance,
administration and capital replacement costs. Assessments are proposed to remain unchanged from
the Fiscal Year 2022-23 rates. Total revenues are estimated to be $1,426,581 .00, which includes
$333,364.00 in Zone A assessments, $14,799.00 in Zone B assessments, $354,014.00 in Zone C
assessments, the annual ad valorem tax (general tax contributions), City General Benefit contribution,
and estimated interest earnings.
In Fiscal Year 2019-20, approximately 3,300 low pressure sodium (LPS) lights were converted to light
emitting diodes (LEDs). Since the LED conversion, the District has saved an average of 66 percent over
the previous two (2) fiscal years on energy costs compared to the FY 2019-20 budget. In 2021-22
energy costs for LPS were incorporated. Beginning in Fiscal Year 2019-20, $250,000.00 will be
requested each year over a five-year period to replace aging signalized intersections. In FY 2023-24,
the District will continue signalized intersection equipment replacement. Each fiscal year, the capital
improvement project fund commitments will be re-evaluated to ensure available funding for ongoing
capital improvements.
The City Council's approved Fiscal Year 2023-24 Engineer's Report is on file in the Office of the City
Clerk, 13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway,
California.
Environmental Review:
This action is not subject to review under California Environmental Quality Act (CEQA).
Fiscal Impact:
The District does not include a voter-approved inflater which puts pressure on service levels as
expenses increase over time due to inflation while revenues do not. Fiscal Year 2023-24 District Zone
A, Zone Band Zone C assessment rates remain unchanged from the Fiscal Year 2022-23 rate of $15.00,
$3.75 and $13 .58 per benefit unit per year, respectively. Revenue for the District is comprised of
$702,177.00 from assessments, $83,419.00 in estimated interest earnings, $490,423.00 in general tax
contributions and $150,562.00 in General Fund contributions. Estimated revenues are sufficient to
cover ongoing maintenance and capital improvement projects.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, June 29, 2023.
Pursuant to Government Section 53753, all public notification requirements have been met. No
responses have been received regarding proposed assessments at the time this report was written.
2 of 5 July 18, 2023, Item #14
Attachments:
A Resolution
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
3 of 5
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
July 18, 2023, Item #14
RESOLUTION NO. 23-
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
2023-24
WHEREAS, City Council of the City of Poway desires to have Landscape Maintenance
District assessments collected on the San Diego County Property Tax Roll;
WHEREAS, pursuant to the provisions of the City of Poway Resolution No. 00-035
(Policies for Lighting District) and Assessment law being the "Landscape and Lighting Act of 1972"
(being part 2 of Division 15 of the California Streets and Highways Code), applicable provisions
of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the
"Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in
accordance with the Resolution of Intention, being City of Poway Resolution No. 23-028 adopted
by the City Council of the City of Poway, County of San Diego, State of California, in connection
with the proceedings for Poway Lighting District, the Assessment Engineer for the City of Poway
has submitted an Engineer's Report for the District as required by California Street and Highways
Code, Section 22565;
WHEREAS, on June 6, 2023, at a regular meeting of Poway's City Council, amounts to
be collected have been set forth in a public Engineer's Report;
WHEREAS, on July 18, 2023, City Council held a duly advertised public hearing to solicit
comments from the public, both for and against, relative to this matter; and
WHEREAS, this action is authorized by laws of the State of California.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The Assessment Rates for three (3) zones are as follows:
Zone A:
Zone B:
Zone C:
$15.00 per benefit unit per year; $7.50 per benefit unit per
year for vacant parcels
$ 3. 75 per benefit unit per year; $1.88 per benefit unit per
year for vacant parcels
$13.58 per benefit unit per year; $6.80 per benefit unit per
year for vacant parcels
SECTION 2: The sum of assessments to be collected on the Fiscal Year 2022-23 San
Diego County Property Tax Roll to provide for costs of administering, operating and maintaining
the Poway Lighting District are as follows:
Zone A:
Zone B:
Zone C:
4of 5
$333,364.00
$ 14,799.00
$354,014.00
ATTACHMENT A July 18, 2023, Item #14
Resolution No. 23-
Page 2
SECTION 3: Under assessment law, the City of Poway's General Benefit Contribution
has been calculated as $150,562.00.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of City Council of the City
of Poway, California on the 18th day of July, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
s of 5 July 18, 2023, Item #14
however, still experience members of the public wandering through their property and helping
themselves to the fruit on their trees. The Kookers initially reached out to the City of Poway requesting
lodge pole fencing along the trail to deter the public from wandering through the orchard. Staff
evaluated the concern and agreed lodge pole fencing along the trail would appropriately address the
issue. Since the fencing would involve placement within the SDCWA easement, it was necessary to
request approval from the SDCWA as well. It was at this time of easement research staff discovered
the actual trail easement dedication does not match the trail as it is in use today.
Section 16.16.110 of the PMC (Attachment D) allows the relinquishment of a City trail easement by an
Ordinance approved by four-fifths vote of the City Council, provided special findings can be made.
The subject Ordinance has been prepared and the required findings to support the relinquishment of
City trail easement can be made. The findings are that along with the release of the portion of the
trail easement, an exchange for easement of equal size and quality for trail purposes is being
transferred to the City concurrent with the easement vacation. The vacated easement area would be
exchanged for an equal area in the location where the actual current trail exists if the Council approves
the recommended Ordinance. The proposed configuration of the easement exchange is provided as
Attachment E and F. Attachment E shows the existing trail easement to be vacated. Attachment F
shows the proposed trail easement. If the Ordinance is approved, vacation of a portion of the existing
trail easement, and the dedication of the new trail easement area, will be processed administratively
so the existing trail on the property will coincide with the trail easement.
Environmental Review:
This project is exempt from the California Environmental Quality Act (CEQA), pursuant
to Section 15061 (b)(3) of the CEQA Guidelines, in that there is no possibility that it will have a significant
effect on the environment because the Ordinance entails the implementation of existing regulations
that result in an equal transfer of trail easement dedication to preserve the existing trail with no
additional disturbance.
Fiscal Impact:
There is no fiscal impact with this action.
Public Notification:
A public notice was published in the Poway News Chieftain and mailed to property owners and
occupants within 500-feet of the subject site.
Attachments:
A. Ordinance
B. Location Map
C. Aerial Map
D. Section 16.16.11 O of the PMC
E. Existing Trail Easement
F. Proposed Trail Easement
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
2 of 9
Reviewed By:
Alan Fenstermacher
City Attorney
A~
ChrisHazetlne
City Manager
July 18, 2023, Item #15
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, PURSUANT TO SECTION 16.16.110
OF THE POWAY MUNICIPAL CODE CONCERNING
RELINQUISHMENT OF TRAIL EASEMENT (APN 273-102-01-00)
WHEREAS, Section 16.16.110 of the Poway Municipal Code sets forth the standards
concerning relinquishment of dedicated trail easement of the City, by a four-fifths vote of the
City Council;
WHEREAS, John and Lynnette Kooker have requested an adjustment of dedicated City
trail easement which will allow the trail easement to contain the actual trail path created and
preserve the existing citrus orchard on the property (APN 273-102-01-00);
WHEREAS, transfer of the approximately 0.07 acres of trail easement shall be exchanged
for easement area of equal size and quality for trail purposes and will be transferred to the City
concurrent with the vacation of the existing easement as required by Poway Municipal Code
16.16.11 0(A)(2); and
WHEREAS, on July 18, 2023, the City Council held a duly advertised public hearing to
solicit comments from the public, both pro and con, relative to this action.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: The City Council finds that the adoption of this Ordinance is exempt from
the provision of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3)
of the CEQA Guidelines, because there is no possibility that it will have a significant effect on the
environment because the Ordinance entails the implementation of existing regulations that result
in an equal transfer of trail easement dedication to preserve the existing trail with no additional
disturbance.
SECTION 2: The finding in accordance with Section 16.16.11 0(A)(2) of the Poway
Municipal Code, to approve the subject Ordinance to allow the relinquishment of an approximate
0.07-acre portion of an existing trail easement (APN 273-102-01-00), is made as follows:
1. The 0.07-acre trail easement is being exchanged for equal size and comparable quality
trail easement dedication from Mr. and Mrs. Kooker's lot (APN 273-102-01-00).
SECTION 3: This Ordinance shall be codified.
EFFECTIVE DA TE: 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 Council
members 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.
3 of9 ATTACHMENT A July 18, 2023, Item #15
Ordinance No.
Page 2
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of
Poway held the 18th day of July, 2023, and thereafter
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 15th day of
August 2023, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4 of 9 July 18, 2023, Item #15
6126123, 10:43 AM City of Poway GIS
Attachment C -Aerial Map
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This
is not a legal document and should not be substituted for a title search,appraisal, survey, or for
zoning verification.
6 of 9 https://powaygis.poway.orglwebsiteslPowGISI
ATTACHMENT C
Map Scale
1 inch = 94 feet
6/26/2023
111 July 18, 2023, Item #15
16.16.110 Relinquishment of dedicated open space, etc. 10 -~HA_RE _
A No easement or fee interest in real property dedicated or offered for dedication to the City for open space, trail or other
public recreation purpose sllall be vacated, relinquished , abandoned, released, sold, encumbered, or otl1erwise transferred
or conveyed free of such limitation except by ordinance approved by a four-fifths vote of the City Council with the following
findings:
1. The purpose of the release or transfer is to pem1it the property to be used for a valid public purpose, including, but
not limited to, public streets or drainage facilities: or
2. The property is being exchanged for property of equal or greater size and quality for open space, trail or other
public recreation use, and is being transferred to the City concurrent with the transfer of the subject property
B. Any ordinance adopted by the City Council purporting to amend or repeal tl1e ordinance codified in this section or
purporting to vacate, relinquish, abandon, release, sell, encumber. or other,vise transfer or convey an easement or fee
interest in real property dedicated or offered for dedication to the Crty for open space, trail or other public recreation
purpose without a municipal election shall be a legislative act subject to referendum and shall be subject to judicial review
by writ of mandate.
C. This section shall apply to all easement or fee interest in real property held or o\ilmed by the City for open space, trail or
other public recreation purpose whether such interest was acquired by the City through the subdivision process or
othervvise.
D. The City Manager is authorized to prepare and record in the record title of open space dedicated or offered for
dedication to the City a declaration of restrictions identifying the limitations placed by this section upon the transfer or
relinquishment of such open space.
E. In the event that any portion of this PMC 16.16.110 is declared by a court of competent jurisdiction to be invalid, such
portion shall be severable from all other portions of this section. Those portions not declared invalid sl1all remain in full
force and effect. (Ord. 189 § 1, 1986)
7 of 9 ATTACHMENT D July 18, 2023, Item #15
AGENDA RE PO RT City of Poway
CITY COUNCIL
DATE: July 18, 2023
TO:
FROM:
CONTACT:
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
afenstermacher@poway.org
Alan Fenstermacher, City Attorney
afenstermacher@poway.org
SUBJECT: City Council District 2 Vacancy -Application Review and Interviews
Summary:
The resignation of Council member Barry Leonard effective June 2, 2023 resulted in a vacancy for the
District 2 City Council seat on the Poway City Council. At the City Council meeting on June 6, 2023,
Council voted to fill the vacancy by initiating an appointment process. Pursuant to California
Government Code Section 36512(b), the appointment must be made by August 1, 2023. Per the
Council's direction, the City Clerk began accepting applications from Poway registered voters residing
in District 2 on Wednesday, June 7, 2023. The application period closed at 5 p.m. on Friday, June 30,
2023. The individual appointed to fill the vacancy will hold office only until the current District 2 term
ends following the certification of the results of the November 5, 2024 General Election.
Recommended Action:
It is recommended the City Council:
1.Review the applications;
2.Allow each applicant three minutes to briefly present their qualifications and their interest in
filling the vacant Council seat;
3.May ask questions of the candidates, and
4.Council may appoint a new Councilmember at the end of the meeting or continue the matter
to another meeting.
Discussion:
At the City Council Meeting on June 6, 2023, the City Council concurred to accept applications from
qualified District 2 Poway residents to fill the vacant District 2 City Council seat that resulted from the
resignation of Barry Leonard as Councilmember. Applications were made available on the City's
website from June 7, 2023 until 5 p.m. on June 30, 2023. Applications received by the deadline are
attached to this report.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
1 of 62 July 18, 2023, Item #16
The City Clerk received a total of eight (8) applications from Poway registered voters residing in District
2 for Council's consideration. The applicants are listed below in alphabetical order by last name, and
each application is attached:
1.Peter Babich
2.Carl Browning
3.Anita Edmondson
4.Matthew Ficco
5.Marc Hennen
6.Robert Polston
7.Vanessa Springett
8.· Richard Zampell
Fiscal Impact:
There is no fiscal impact associated with appointing a City Council Member.
Public Notification:
A Notice of Vacancy was posted on the City's website and at City Hall on Wednesday, June 7,
2023.
Attachments:
A Applications for District 2 Vacancy
B.Public Response
Reviewed/ Approved By:
Wendy Kaserman
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chr Haze 1ne
City Manager
2 of 62 July 18, 2023, Item #16
ATTACHMENT A
Application for Appointment to Fill Disbict2 Vac~gElivED
POWAY CITY COUNCIL
DEADLINE DATE : FRIDAY, JUNE 30, 2023 AT 5:00 PMJUN 2 8 2023
Candidates must be 18 years of age, reside within the limits of District 2 in the C!Jy pf Powa~ 1,,
and be registered to vote in District 2. The interactive district map is availabl.cirf)n00t~s.JvvAY
website at: CITY CLERK'S OFFICE
https://powav.maps.arcgis.com/apps/webappviewer/index.html?id=d424f39dd4384452ae823
85754ac0d11 For City Clerk's Use Only:
Name: Peter A. Babich
Yes
Registered Voter in District 2 □No
Home Address:
Street
Applicant must reside within District 2 (see above)
Number of Years a District 2 Resident: 35
Home Phone: Work: Cell:
Area Code Number Area Code Number Area Code Number
Please feel free to attach any additional information which may be of use to the City Council for determination of
appointment.
Employment Information
Organization: US Navy
Address: Multiple locations
Dates: 1963 -1970
Responsibilities: Electronic technician responsible for operation, maintence, and repair of
submarine radar, sonar, ECM, and navigation electronic equipment.
Organization: Hewlett-Packard San Diego Division
Address:
16399 W Bernardo Dr, San Diego CA 92127
Dates: 197 4 -1991
Resoonsibilities: Began as product designer and ended as member of the senior management
team managing HP's world wide color injet printer business.
Organization: Total Quality Engineering, Inc
Address:
15997 Grey Stone Rd, Poway CA 92064
Dates: 1991 -2014
Responsibilities: President. Developed and supported business planning software marketed to
small and mid sized organizations. Currently retired.
3 of 62 July 18, 2023, Item #16
Education/ Training/ Certification:
BSEE (1974) and MSEE (1978) San Diego State University
Executive Program for Scientists and Engineers, University of California San Diego, 1988
Certified Quality Engineer and Manager, American Society for Quality, 1991
Examiner for the Baldridge Performance Excellence Award, 1991
Poway Community Leadership Institute, 2009
Please explain why you want to be appointed to City Council; a separate sheet may be attached.
The primary reason I wish to be considered for this appointment is to assure that no one wanting to run
for the 02 seat in 2024 will have the advantage of incumbency. That's because I will not run in that
election!
While I would only serve for less than two years, I don't intend to just keep the seat warm. I've been a
Poway resident since 197 4. I voted for the city to incorporate. I've always paid attention to council
decisions and attended many meetings or watched the video. Starting around 2008, it seemed that all
decisions were "one-offs." It didn't seem like there was an over arching guiding plan. The General Plan
was a good vision document, but it was old and needed updating. The hodgepodge growth of Poway Rd
clearly supported the need for a new guiding plan. I ran unsuccessfully for a council seat in 201 0 with
the condition of Poway Rd as my main issue. I was appointed to the Poway Road Ad Hoc Committee
and was able to contribute to the new Poway Rd Specific Plan which will guide development along
Poway Rd for decades to come (assuming that it's followed). I have provided input at council meetings
on numerous subjects like human signs, video recording of council meetings, water conservation,
affordable housing, Walmart expansion, Poway Rd, district elections, redistricting, and council
appointments.
I'm confident that I can get up to speed quickly and be an active partner working to keep Poway a great
place to live, work, and play.
Additional Information: Please provide any additional information you wish covering your qualifications, interests, community/
professional organizations or training related t o this appointment.
My four children attended Poway schools and graduated from Poway HS. Three grandchildren now
attend Tierra Bonita School. While my children were young, I was very much involved with youth sports.
I volunteered as coach, referee, and served on multiple administrative boards. I scheduled games and
coordinated fields and served as the president of the Presidio Soccer League which was the county-wide
gaming organization for competitive soccer teams.
The 2007 Witchcreek fire motivated me to get more involved from a public safety point of view.
recognized that if you want to be involved during an emergency, you need to be involved before the
emergency. I joined the Sheriff Senior Volunteer Patrol at the Poway Station. I served for over thirteen
years. I was the patrol's Administrator for the last ten years of my over 7,000 hours of service. As the
SVP Administrator, I formed a management team focused on patrol management, process
documentation, You Are Not Alone program, recruiting, and training. We were able to grow the number
of Poway volunteers from 34 to 52 members and establish a functional SVP unit operating out of the 4S
Ranch Substation with another 9 members. In addition to my administrative duties, I continued to
perform one patrol per week, support special events, and respond to after-hours call-outs.
4 of 62 July 18, 2023, Item #16
Education / Training / Certification:
BSEE Northeastern University, Boston, MA -1982
Why I want to be appointed to the City Council:
My wife and I moved to San Diego from Boston with our two young children in 1991 for an exciting
new job opportunity. In our search for a home, we focused on Poway initially based on the reputation
of PUSD, but were also attracted to the wealth of open space, hiking and horse trails, and the feeling of
community. In March of 1992, we purchased the house we still live in today in Bridlewood Americana.
We love Poway and have many fond memories of hikes, picnics, and parties at Lake Poway Park and
music events at the PCPA and other venues around Poway. If appointed to the City Council, my goal is
to work with the city to ensure that young families, like we were 30 years ago, also have an opportunity
to enjoy the beauty and benefits of raising their families here.
Professionally, I enjoyed a 40+ year career as an engineer. I did hardware design and software
development, as well as project management and group leadership. I worked with critical capital
equipment that was always in short supply. My role was to ensure availability and equitable sharing of
these resources. I led teams that improved workflow and analyzed usage data to plan for new capital
equipment purchases. I feel that my talents in this area as well as my ability to objectively study and
research problems to find solutions could be useful to Poway should I be selected to serve on the
council.
I retired in 2018, and have become more involved in our community. I have regularly attended City
Council meetings, and have spoken on agenda items that are of concern to my Poway friends and
neighbors. Some of the areas I'm most interested in are water conservation and extending recycled
water to the LMDs, public transportation and working with MTS to improve service in Poway, smart
traffic signals to improve traffic flow on our busiest streets, and where and how we manage
development to allow Poway to grow while maintaining the environment we all know and love.
Additional Information (interests, community, organizations, volunteer activities)
Interests and volunteer activities:
• 10 years Toastmasters International (served in various Club, Area, and District Officer roles)
• 6 years Tech volunteer, San Diego Indie Music Fest
• 5 years PHS Grad Nite volunteer (1 year served as construction chairperson)
• 4 years volunteering with PHS Choir and Theater groups with set construction at PCPA
• 4 years volunteering with First Saturdays/ Help the the Homeless in downtown San Diego
7 of 62 July 18, 2023, Item #16
Education /Training/ Certification:
University of Dayton I Dayton, OH
BA, Communication Management
Minors in English, Marketing, Psychology
Cum laude
Please explain why you want to be appointed to City Council; a separate sheet may be attached.
As a resident of Poway for 24 years, raising two children with my husband, I have often jokingly referred to myself
as a chronic volunteer. Leadership roles in Girl Scouts and on school PTA and Foundation boards expanded in
scope and impact to serving on the board of my neighborhood's HOA, the GVCA, the Poway Chamber of
Commerce and the Poway Unified School District Foundation. Through these various experiences, I have come to
understand the myriad of issues facing the city-from water rates, safety, LMDs, and city ordinances to development
and prop FF measures-as well as positive and exciting opportunities for the community.
Over the last several years, I have also had the honor and privilege of meeting and interviewing many families,
business owners and nonprofit leaders in the community and sharing their remarkable stories with the community
each month. This unique opportunity has given me an even greater appreciation for the experiences, viewpoints
and values of local residents, particularly in D2, and has affirmed a shared belief that Poway truly is a special place.
Getting involved has never been a means to a specific end for me, but rather a way to give of my time, talent and
treasure to help better an organization and those it serves. As a volunteer leader, I have always participated behind
the scenes as a decision maker, a doer, a communicator, a collaborator. If appointed to fill the D2 City Council
vacancy through 2024, I pledge to continue serving in a positive and effective way. My goal is to bring my collective
experience, and love of this community, with me to serve in the best interests of all residents of Poway.
'
Additional Information: Please provide any additional information you wish covering your qualifications, interests, community/
professional organizations ortraining related to this appointment.
See attachment.
10 of 62 July 18, 2023, Item #16
ANITA EDMONDSON
Application for Appointment to Fill District 2 Vacancy (attachment)
6-22-2023
Additional Information: Please provide any additional information you wish covering your
qualifications, interest s, community/ professional organizations or training related to this
appointment.
POWAY CHAMBER OF COMMERCE
Current member, previously served on Board of Directors representing GVCA
Past Chair on Executive Committee, 2020-2023
Chair, 2019-2020
Chair Elect, 2019
Board member, 2015-2020
Chair, Government Affairs Committee
Co-chair, 2023 Business Expo and Hiring Event
Chair, Candidates Forums, 2014-2022
Committee participation: Street Fair, Marketing/Membership, Government Affairs
Business Star Awards:
Marketing Magic Award (nominated 2023)
Marketing Magic Award (recipient 2021)
Vern Marston Award (recipient 2019)
GVCA (GREEN VALLEY CIVIC ASSOCIATION)
Vice President, 2008-present
Maintain awareness of proposed land-use developments, city code changes, city finances
and policies and other local issues
Foster communication with City Staff and Council members
Keep members informed via newsletter, email, website and social media
Periodically survey members on important issues
Hold informational forums and candidate forums with City Council and School Board candidates
Manage sponsorship with Poway High Grad Night and Poway OnStage
Support student education programs at Abraxas Garden
POWAY UNIFIED SCHOOL DISTRICT FOUNDATION
Member, Board of Directors & Marketing Committee Member, 2018 -Present
Providing direction and pro bono marketing-communications services and input to support the
mission of the Foundation:
To provide resources to support world-class learners in every classroom, in every school throughout
the district, by partnering with industries and individuals to raise additional funds for enhanced
programs that supplement the Poway Unified School District general fund.
ADDITIONAL PREVIOUS VOLUNTEER ROLES:
Summerfield Homeowners Association, Board Member, 2007-2011
Chaparral Elementary School PTA, Board Member
Chaparral Elementary School Fou11dation, Board Member
Bernardo Heights Middle School Fpundation, Boa rd Member
Girl Scouts of America, Troop Leaqer
11 of 62 July 18, 2023, Item #16
Education/ Training / Certification:
-Masters of Science, C::orporate•Finance & Investments (3.7GPA, Golden Key Honor Society) graduated in 2007 from Georgia State University
-Bachelors of Aris & Science, International Business, Finance, and Western European Culture with French studies and study abroad program in France (3.4
GPA, National Dean's List Honor Roll)
-Certified Public Accountant, licensed in CA since 2007 (also licensend in Illinois & Montana)
-Chartered Global Management Accountant through the American Institute of CPAs
-lntstltute of international research, studies of andvance fixed income investments
-Amsterdan Instituted of Finance, studies on advanced corporate finance
-Institute of Internal Auditors, studies In Internal audit & compliance
-American Managment Association, studies in advance financial analysis
Please explain why you want to be appointed t o City Council; a separate sheet may be attached.
My objective in wanting to join the Poway City Council is simple: I want to keep Poway safe, clean, and
one of CA's most livable and desirable towns. We have seen many towns and cities across CA be
destroyed by poor political and fiscal management and Poway has done a great job to avoid these
issues and my goal would be to help continue us on this path. I have no interest to run for an election or
deal with the many challenges an election candiate faces. If I can however, be appointed to fill a
short-term vacancy I would be proud to carry on the great work that has been done to keep our
community safe and strong. My top three areas of importance are: 1) maintaining a sound and fiscal
budget, 2) maintaining a strong fire and sheriff presense to keep our residents safe and protected, and
3) ensure our public infrastructure continues to be well-maintained to serve generations to come.
I currently serve my communuty in the following roles: 1 )the Treasurer and Board member for th e
Honorary Deputy Sheriffs' Association, 2) Board member of the Burn Institute of San Diego and Imperial
Counties, 3) the San Diego Council on Literacy, 4) the Poway High School PTSA, School Site Council,
Parent Oversight Committee, and Parent Safety Committee. I serve on all these boards/committees
pro-bono as I truly believe I have a civic duty to give back to my communities to make them a better
place for our future generations. I don't believe in grand slams but truly believe that base hits can will
ball games and in each of my endeavors I aim for base hits. I applaud the City Council for what they
have done with our community over the years and would be honored to be part of these efforts over the
next roughly 15 months. I also commit that I have no interest or intention to run in the next election. I
appreciate the Council's consideration and would welcome the opportunity to serve our great
community. Sincerely, Matthew Ficco, CPA
Additional Information: Please provide any additional information you wish covering your qualifica tions, interests, community/
professional organizations or training related to this appointment.
Some of this has been mentioned above but I can re-iterate
-Financial professional with intense knowledge of budgets, investments, and fiscal manangement
-Active certified publice accountant licensed by CA, IL, & MT
-Masters of Science degree in finance and investments
-Bachelors Degree in international business, finance, and French
Numerous post-grad courses of studies and certifications
--Active community Board members with Honoary Deputy Sheriffs' Association (Treasurer), The Burn
Institute of San Diego & Imperial County, the San County on Literacy
-Built and continue to enhance the strong relationships Cal Coast has with the Deputy Sheriffs
Association as well as the City of San Diego Fire Dept
-Board member and treasurer for the Rancho Bernardo Youth Lacrosse League
-Member of the Twin Peaks Middle School and Poway High Schools School Site Councils (which has
budgetary responsibility), Parent Oversight Committees, Parent Safety Committees, and PTSAs
General community advocate for the underserved/underrepresented and desire to help make our
community safer and more enjoyable for all
-White collar worker during the day but Powegian cowboy at heart!
14 of 62 July 18, 2023, Item #16
6/~U/l~, 1 U:5o AM
92064
01/21/2022
Voter Information Lookup
ZIP Code
Registered On
Registered You have requested to be a Permanent Mail Ballot Voter
You are currently registered REPUBLICAN
Vote Centers
There is no election information at this time. Please check again later.
Voter Information Pamphlet
There is no election information at this time. Please check again later.
District Information
FEDERAL COUNTY-WIDE OFFICES
STATE COUNTY-WIDE OFFICES
COUNTY-WIDE OFFICES
2021 48TH CONGRESSIONAL DIST
4TH BD OF EQUAL DIST
2021 40TH SENATORIAL DIST
2021 75TH ASSEMBLY DIST
2021 2ND SUPERVISORIAL DIST
JO004
SUPERIOR COURT OF CALIFORNIA
2021 4TH CO BD OF EDUCATION
POWAY 461100-463000
2022 POWAY -2ND CC
PALOMAR COMM COLLEGE
2022 PALOMAR COMM COLL - 4
POWAY UNIFIED SCHL
2022 POWAY UNIFIED SCHL -E
PALOMAR HEALTH
SD CO WATER AUTHORITY
CT -170.10
2022 PALOMAR HEALTH -5
2011 52ND CONGRESSIONAL DIST
2011 77TH ASSEMBLY DIST
2011 38TH SENATORIAL DIST
2011 2ND SUPERVISORIAL DIST
2011 4TH CO BD OF EDUCATION
2017 POWAY UNIFIED SCHL -E
2019 PALOMAR COMM COLL - 4
2017 POWAY -2ND CC
2019 PALOMAR HEALTH - 5
https://www.sdvote.com/contenVrov/en/voter-info-lookup.html 2/2 17 of 62 July 18, 2023, Item #16
Mobile
Poway, California, USA
Professional Experience
Sep 2019 -California Coast Credit Union SAN DIEGO, CA
Present Chief Fi11a11cial Ofjicer (member of executive 11u111ageme11t tea111)
Apr 2018 -
Sep 2019
Dec 2014 -
Apr 2018
CalCoast Credit Union is a San Diego-based credit union with $2.6 billion in assets and 185,000 members (the 3rd largest
credit union in San Diego county). I have overall leadership of the financial management and stewardship of the credit
union and its members' assets. As the top financial leader, my core strategies are:
• Lead-for-development an organization of30+ financial professionals of varying levels and backgrounds;
• Collaborate with executive peers for the development and execution of short-and long-term strategies;
• Safely navigate the credit union through the demanding and ever-changing state and federal regulatory environment;
• Position the credit union's balance sheet and income statement for growth while being able to weather economic
stonns;
• Foster relationships with the board of directors to enable them the confidence and support they need to have full
fiduciary oversight of the credit union;
• Guide and mentor the future leaders of the credit union to carry on the legacy being created today.
Cabrillo Credit Union SAN DIEGO, CA
Chief Fimmcial Officer (111e111ber of executive 111mu1ge111e11t team)
Cabrillo is a San Diego-based credit union with $350MM in assets and 25,000 members. Successfully executed two
years ofan ambitious growth plan aiming for $500MM in assets by 2022. With overall ownership of the balance sheet
and income statement I was able to restructure the credit union to allow it to grow its asset base from $275MM to
$350MM and increase its net profit from $ l.0MM to $2.4MM in less than 12 months. Additional development and
growth were achieved under my leadership as follows:
• Reorganized and recruited the Finance team into distinct functions of FP&A, Treasury & Investments, Financial
Accounting, Operational Accounting, & Tax given clear responsibilities and roles and developing cross-training and
succession planning/growth opportunities for emerging leaders;
• Increased the net yield of a $1 00MM fixed income investment portfolio from I .2% to 2.5% in less than 12 months
(this 1.3% increase on a $100MM portfolio resulted in $1.3MM directly to the bottom line);
• Developed and implemented new lending and investment products:
o Government guaranteed loans, i.e. SBA, USDA, & FSA;
o Whole loan purchase programs, i.e. residential mortgage & auto pools;
o Indirect lending auto program;
o Complete redesign and restructure of fixed income investment portfolio towards US Gov't Agencies,
CMOs, & MBSs;
• Developed a robust yet clear, concise, and easy to understand monthly Board reporting package (none existed
previously; it drew huge praise from the Board members as they felt they finally could clearly and easily understand
the fmancials);
• Implemented Concur, an SAP expense management software, which has eased many process bottlenecks;
• Implemented ProfitStars, a software for revenue, yield, and balance sheet analysis;
• Redesigned the entire general ledger to accurately reflect the business and operations;
• Led the collections and recoveries efforts and team;
• Main point of contact for regulatory exams from California Department of Business Oversight (state) and the
NCUA (federal) as well as the annual external financial audit and asset-liability analysis;
• Actively engaged in the credit union professional networking scene; regularly attend trainings, seminars,
conferences, luncheons, etc to stay abreast the environment;
• Spearheaded the implementation of a credit union intemship program to assist young, college professionals looking
to get a jump on their careers;
• Started the San Diego CFO Breakfast Club; a monthly gathering of local CFOs to meet, network, and discuss shop
on an infomrnl basis.
RED SEA HOUSING GROUP DUBAI, UAE
Director of Corporate Developme11t & lnvestol' Relations (member of executive ma11age111e11t team)
Red Sea's long-term plan focused on developing its business verticals to position itself as the market leader in its sp.1ce
across several geographies. 1 developed the Corporate Development function from scratch and led the group's overall
Corporate Development initiatives. Demonstrated leadership achievements consist of:
18 of 62 July 18, 2023, Item #16
Oct 2011 •
Dec 201 4
Aug 2009 •
Sep 201 1
Matthew Ficco, CPA CGMA
Poway, California, USA
• Development of the group's inorganic growth strategy focused on specific sectors, industries, and geographies that
complement the core service offerings;
• Design and implement a systematic investment process structured around:
Investment criteria, policies, and procedures;
Deal sourcing and analysis;
Detailed and stepped process for execution, due diligence, & Board approvals;
Investment development and monitoring integration plans to include growth initiatives for each investment;
Creation of Management Investment Committee to screen and approve/pass deals;
• Screen and on-boarded professional advisors for transaction support;
• Lead the entire deal cycle to include the management of in-house teams, external advisors, and counterparty teams;
• Overall responsible to ensure investments are "packaged and presented" to internal approval teams with detailed
analysis and support as needed;
• ~ead executive to represent the group for negotiations with ex.tema! parties, sellers, sell-side advisors;
• Create and manage the group's analytical support function; developed quarterly macroeconomic and competitor
updates and subject-specific research reports as needed by the group's business units;
• Recniit, develop, train, and mentor corporate development team.
CONSTELLIS GROUP DUBAI, UAE
Chief Fi111111cial Officer (member of executive ma11ageme11t te{l/11)
I was responsible for supporting and developing a strong, dynamic, and professional finance organization, which in tum
could support its main clients -Constellis Group and Edinburgh International. As a team, our goal was to support the
company-wide operations in such a manner that it had a fl uid flow of the required financial infonnation and resources.
We were continuously striving to im prove what we did in order to become as efficient as possible in supporting our
clients and stakeholders. Constellis Group is a high-risk, private security risk management finn with logistic and
construction capabilities serving the oil & gas industry, the US Government, and various other commercial and
government entities throughout the Middle East and Africa. My leadership responsibilities consisted of:
• Active member of the Executive Team and Board of Directors;
• Led, mentored, guided, and enabled 30+ strong finance, IT, HR, and administrative professionals geographical
dispersed aro und the Middle East and Africa;
• Management responsibility for all finance, JT, HR, and administrative functions;
• Implementation of the Group's ERP system;
• Enhanced, standardized, and hannonized employee and consultant contracts company-wide while maintaining local
law compliance;
• Acting country manager for an African, joint-venture subsidiary;
• Coordination and development of annual operating plans, which comprised of several business units, segregated
geographic units, both wholly-owned and with joint-venture partners;
• Creation and maintenance of monthly financial reports and Board packs including variance analysis, project reviews,
as well as developing, monitoring, and tracking key business performance metrics;
• Preparation and submission of monthly employee payroll tax returns and annual corporate tax. retums, and annual
audits in seven separate and distinct emerging markets as well as US and UK returns;
• Preparation & consolidation of financial results in accordance with both IFRS and US GAAP for 15 separate legal
entities and rolled up into one consolidated set for onward submission to the US Group;
• Treasury management including weekly cash flow forecasting, optimization of working capital, maintenance of
various international banking lines-of-credit, LCs, bank guarantees, and dozens of globally dispersed bank accounts;
• Development and coordination of M&A and JV activity (deal sourcing, analysis, structuring, negotiations, due
diligence) to enhance the Group's corporate footprint;
• CAPEX & investment budgeting and return analysis.
EMIRATES NBD CAPITAL LIMITED DUBAI, UAE
Vice Presille11t-Private Equity
I led a team of six investment professionals, which was responsible for several strategic initiatives for the largest bank
in the Middle East, Emirates NBD. Two of the main initiatives involved the research and setup of captive private equity
funds: an infrastructure fund and a SME fund and the development of a boutique investment bank. Main responsibilities
included fund structuring, capital raising, deal sourcing/pipeline building, investment analysis & execution, and
portfolio management. Additionally, the team was engaged in various strategic projects in order to assist the Bank and
19 of 62 July 18, 2023, Item #16
Dec 2007 -
Aug 2009
Dec 2006-
Dec 2007
Matthew Ficco, CPA CGMA
Poway, California, USA
its various stakeholders with their value-creating/enhancing objectives. As such, I led several buy-side and sell-side
corporate finance/M&A advisory initiatives both for the Bank and its clients. Main responsibilities consisted of:
• Set up private equity funds: legal structuring, documentation drafting, capital raising/fund marketing, team
recruiting;
• Business development: outwardly and proactively source deals, both private equity and corporate finance;
• Managed workflow of six investment professionals: ensure adequate staffing and skills sets tasked to each mandate;
• Developed strategy and implementation plan and "way forward" for the platfom1 with senior executives;
• Maintained relationships with investors and clients: main point-of-contact for key clients and deals;
• Ensured deals were driven to the finish line: cradle-to-grave responsibility.
ABU DHABl INVESTMENT COUNCIL ABU DHABI, UAE
Private Equity Associate -Direct J1111e~'fme11ts Department
Member of a seven-person private equity investment team responsible for investing an allocation of the Abu Dhabi
government's surplus revenues. The team focused on the MENA region plus Turkey and maintained an opportunistic
approach to sectors. Responsible for all aspects of the investment management process: deal origination, screening,
due diligence, valuation, structuring, portfolio management, and exit. The team invested in well-established businesses
with strong track records of profitability and market share. The team typically made significant minority equity
investments between US$20MM - $ I 00MM in businesses with approximately US$50MM -$1,000MM in revenue and
US$10MM-$200MM in EBITDA. Main responsibilities consisted of:
• Pro-actively and outwardly source, qualify, and screen potential investment targets;
• Interview various intem1ediaries: investment bankers, accountants, lawyers, consultants, etc. to screen non-solicited
in-bound deal-flow;
• Interview CEOs, CFOs, COOs, and other key managers of investment targets to understand their businesses;
• Visit plants, factories, head offices, and other facilities of investment targets to further understand the operations;
• Develop complex operational, financial, and valuation models;
• Perform in-depth research of investment targets' industries, competitors, customers, vendors, etc. as part of economic
and commercial due diligence;
• Perform in-depth research and analysis of historical accounting results as part of financial due diligence;
• Prepare investment-thesis write-ups in order to present investment opportunities to the Investment Committee;
• Coordinate all transactional activities, which include fmancial and accounting due diligence; legal due diligence;
development of asset purchase agreements and operating agreements; development of creditor and inter-creditor
agreements; sourcing and installing new management (if necessary); and integration of acquisition into portfo lio;
• Continue monitoring, guiding, and measuring portfolio companies;
• Coordinate and execute investment exit strategies in order to maximize returns.
SOUTHPOINTE VENTURES, LLC ATLANTA,GA
Private Eqt1ity Associate
Worked side-by-side with the firm-founding Managing Partner of a middle-market private equity investment fim1.
Coordinated all aspects of the investment management process from deal origination to closing, portfolio management,
and investment exits. The team invested in well-established manufacturing, distribution, and business services
organizations located throughout the Southeast, United States. The team typically made control-position equity
investments between US$1MM -$3MM in businesses with approximately US$10MM - $50MM in revenue and
US$3MM -$5MM in EBITDA. Main responsibilities consisted of:
• Strategically marketed the finn and investment team for business development purposes;
• Actively sourced, qualified, and screened potential investment targets;
• Interviewed the CEOs, CFOs, COOs, and other key managers of investment targets to understand their businesses;
• Visited plants, factories, head offices, and other facilities of investment targets to further understand the operations;
• Developed complex leveraged buyout models (LBO models) and discounted cash flow models (DCF models);
• Perfom1ed in-depth research of investment targets' industries, competitors, customers, vendors, etc. as part of
economic and commercial due diligence;
• Perfom1ed in-depth research and analysis of historical accounting results as part of financial due diligence;
• Authored Investment Memoranda (!Ms) for the purpose of attracting equity co-investment partners and debt capital
(senior and mezzanine tranches);
20 of 62 July 18, 2023, Item #16
Aug 2004 -
Dec 2006
Jan 2003 -
Aug 2004
Matthew Ficco, CPA CGMA
-Mobile
Poway, California, USA
• Coordinated all transactional activities, which included financial and accounting due diligence; legal due diligence;
development of asset purchase agreements and operating agreements; development of creditor and inter-creditor
agreements; sourcing and ins la I ling new management (if necessary); and integration of acquisition into portfolio;
• Continued monitoring, guiding, and measuring portfolio companies;
• Board of Directors participation and involvement;
• Coordinated and executed investment exit strategies in order to maximize returns.
UNITED TECHNOLOGIES CORPORATION
Senior Financial Analyst-Global Finance
ATLANTA,GA
Promoted from within the organization to a newly created posilion within the Global Finance department; reported
directly to the Chief Financial Officer. This role required extensive intemational travel and exposure to our global
divisions throughout EMEA, South America, North America, and Asia. Responsibilities consisted of;
• Developed, measured, and monitored key financial metrics such as: orders, sales, EBIT, ROS, working capital
tumover, asset utilization, cash conversion cycle, & cash funding needs;
• Analyzed and reported performance metrics of: inventory turnover, inventory quantities-on-hand, forecasted sales
volumes, and budget performance analyses to senior managers for the global supply chain group;
• Managed multiple new product & asset acquisition projects, i.e. cash-flow modeling, DCF, NPV, IRR models;
• Perfonned free cash flow valuations & SWOT analyses for joint venture/acquisition targets;
• Presented monthly results & analyses to senior managers; worked as business partner in the decision-making process;
• Led UTC's continuous process improvement initiatives as a change-agent & cross-functional project team leader to
improve intemal business processes;
• Built, facilitated, & coached educational training programs for company associates & managers for process
improvement/reengineering initiatives, i.e. process mapping, bottleneck analysis, project implementation, lean
manufacturing.
Se11ior Financial A11alyst -Nortl, America
Highly engaged role encompassing all aspect of financial management for US$ I 00MM business unit (Onity) of
US$50,000MM multinational conglomerate (UTC). Worked as the Director of Finance's right-hand confidant for all
aspects of the company's financial undertakings. Responsibilities consisted of:
• Developed annual budget for entire company consisting of 25 separate revenue and cost centers;
• Forecasted monthly revenue, COGS, SG&A, and EB[T targets;
• Perfonned journal entries and month-end closes;
• Prepared monthly profit & loss statements, balance sheets, cash flow statements, and retained earnings statements;
• Submitted monthly financial results to corporate headquarters (UTC);
• Authored monthly management letter, which highlighted the business' perfom1ance and outlook for senior
management;
• Performed monthly actual-to-budget valiance analyses;
• Maintained relationships with external banking entities for lines of credit, lockboxes, and other treasury functions;
• Evaluated international transactions and engaged in forward & futures contracts to mitigate FX currency exposure;
• Authored various company-wide policies and procedures.
BAE SYSTEMS, INCORPORATED SAN DIEGO, CA
Fi11a11cia/ Analyst-Mission S(}/utio11s
Promoted from within the organization to the Financial Planning & Analysis group of a US$ l ,000MM sector. The
sector consisted of three separate companies ranging from US$200MM -$500MM in annual revenue each and
comprised of approximately 12 individual lines of business. Reported directly to the Manager of Sector Consolidation
and worked extensively with the Vice President of Finance and the Director of Financial Planning. Responsibilities
consisted of:
• Fonnulated annual budget and long-term value plan;
• Ensured financial salients ofEBIT, ROS, ROI, CAGR, and net cash were met each month;
• Consolidated and reported monthly actual and forecasts for each line of business' budgeted targets;
• Generated variance analyses of monthly actual results versus the annual budget of financial salients;
• Set up and maintained budget and forecasting system;
• Assisted in GIL inputs and maintenance;
21 of 62 July 18, 2023, Item #16
Jan 2002 -
Dec 2002
Matthew Ficco CPA CGMA
Poway, California, USA
• Prepared management's monthly financial statements, operating statistics, and variance analyses;
• Managed cash conversion cycle including forecasting and corporate reporting;
• Assisted in forecasts of balance sheet, cash flow statement, and profit & loss accounts;
• Administered Hyperion and Essbase -the budget and forecasting systems.
Fill{111cial Analyst-Geospatial E.,;p/oratio11 Group
Split role between the revenue management team for the U$1,000MM sector and the financial analysis team for a
U$50MM individual line of business. Reported to the Manager of Revenue Management and the Manager of Finance.
Responsibilities consisted of:
• Accurately recognized and accrued revenue according to US GAAP;
• Analyzed customers' contracts to ensure compliance with internal, government, and US GAAP regulations;
• Produced monthly management status reports of actual results versus budget;
• Forecasted cash receipts and facilitated collection;
• Managed intra company sales and revenue reporting;
• Prepared management reports for sales, cash forecast, FX position, and AIR status fo r monthly business review;
• Continuously improved processes through research of current accepted business practices;
• Authored various company-wide Finance policies;
• Extensive work involving US GAAP and FASB e.g. SOP 97.2-Software revenue recognition.
RESORT COMMUNICATIONS INTERNATIONAL, LLC SAN DIEGO, CA
Corporate Accou11tr111t
US$25MM resort management finn. Worked directly for Vice President of Finance. Managed all aspects of the
accounting, cash management, and financial reporting for the resort rental division. Responsibilities included budget
and variance analysis as well as the monthly preparation of financial statements and status reports for senior
management. Assisted heavily in the daily maintenance of the GIL.
22 of 62 July 18, 2023, Item #16
Education/ Training/ Certification:
University of Colorado, Boulder BS Business Administration, Transportation and Distribution Management
San Diego State University, Certificate of Accountancy
College for Financial Planning -Graduate Level work that led to CFP Certfication
Please explain why you want to be appointed to City Council; a separate sheet may be attached.
As one not likely to run a campaign for office, I feel that this would be a unique opportunity for me to
serve on City Council. Most board positions that I have held were a result of others approching me to
serve, rather than me seeking a seat. I have a long history of community involvement. I tend to listen
much more than I speak and try to consider a broad range of ideas and input to form a balanced view
before making important decisions.
Right now I have the time to devote to city matters as my business is mature and does not require an
excessive amount of my time. My kids are grown and I still have the energy to be productive!
I have no conflicts of interests that hold me captive to any special interest groups or individuals -actual
or perceived. Integrity and trustworthliness are extemely important to me in my personal and
professional life.
Given the relatively short-term nature of this appointment, with my experience I feel that I can quickly get
up to speed on council matters to properly represent District 2 as well as the City as a whole.
Additional Information: Please provide any additional information you wish covering your qualifications, interests, community/
professional organizations or training related to this appointment.
Poway CERT 20f8-Present
Poway Parks and Rec Advisory Committee 2021-2023
Poway Budget Review Committee 2017-2019
Poway Valley Senior Center -Treasurer 2012-2016
26 of 62 July 18, 2023, Item #16
Education /Training/ Certification:
Boston University -BA in International Relations
Vanderbilt University -MBA in Finance
US Army Command and General Staff College
Please explain why you want to be appointed to City Council; a separate sheet may be attached.
Please see attached sheet
Additional Information: Please provide any additional information you wish coveringyourqualifications, interests, community/
professional organizations ortraining related to this appointment.
Appointed to Poway Budget Review Committee in 2023
29 of 62 July 18, 2023, Item #16
Mayor Vaus and Poway City Council Members-
I am writi ng to advocate for an appointment to Poway's District 2 Council Seat. There
are several reasons why I would like to be considered to represent the citizens of
Poway. As the son of a Korean immigrant, I have always had the heart to serve others
and give back to this amazing country that has provided so many opportunities for me
and my family. At a young age, I was commissioned as an active-duty Army tank officer
and still serve in the Army Reserve as a Battalion Commander in the rank of lieutenant
colonel, leading over 500 soldiers. My service over the last 26 years has taken me to 2
different combat zones and earned me a Combat Action Badge in Afghanistan. These
experiences taught me a valuable lesson about servant leadership. True leaders know
that servant leadership is the only way to lead. This foundational mindset will hopefully
allow me to be an effective representative for the citizens of Poway.
In addition, I believe my background as a finance manager and recruiting director
developed a strong conviction for financial responsibility and an ability to think critically
about any issue. These traits will allow me to immediately add value to any items
brought for consideration by the council. I've had the privilege to lead teams for some
of the most well-run companies in the world. My first role after active-duty military
service was at the Intel Corporation as a finance manager. I then led a recruiting team
at Amazon in Seattle and then was recruited to San Diego as a recru iting leader for
Northrop Grumman. I currently work as a Recruiting Director for Samsara, a hyper-
growth software company that recently went through the IPO process. I hope my
experiences over the last 20 years at these world-class organizations will allow met¢
immediately add valu e to the city council as we think through some pressing and
challenging issues.
My family and I are intimately involved in the community and love living in Poway! Both
of my children attend Twin Peaks Middle School. Joshua (14) has been involved wi}~
Poway's nationally recognized wrestling program for over 5 years. Emma (12) was
recently recognized as Ms. Junior Teen Poway as part of the Kiwanis Scholarship
Pageant. Moreover, I was recently appointed to Poway's budget review council and
thoroughly enjoyed learning about the city's finances and budgetary planning cycle.
In summary, I am extremely grateful for the opportunity to be considered for an
appointment to the Poway City Council. I am committed to working with the Council and
the constituents of Poway to keep our city one of the safest cities in California and
continuing with the common-sense policies that make Poway the best place to live in
San Diego County. Moreover, it would bring my family a special sense of pride to be the
first Asian American cou ncil member in Poway's history.
Sincerely,
Rob Polston
31 of 62 July 18, 2023, Item #16
Robe11 B. Polston Page 2
I NTEL CORPORATION
Manager, US Diversity Sta.ffing -Global Talent Acquisition, Chandler, AZ 2008 -2015
• Manager for Intel's initiative to develop an industry-leading Military Veteran and Disability hiring program
encompassing Internal employee veteran programs, Sourcing and hiring strategy, Integration, and onboarding, and
Federal compliance
• Recognized with the following awards within 12 months of implementing a military veteran sourcing program: GI
Jobs Top 100 Military Friendly Employer, Civilianjobs.Com Most Valuable Employer for Military, and the
Military Times "Best For Vets" Employer List
• In the first year of the program, decreased veteran cost per hire by 87% over the previous year and increased
military veteran employee self-identification by over 30%
Finance Manager -Globctl Non-Production Materials Group, Chandler, AZ 2007 -2008
• Responsible for leading a team of seven finance analysts. Prima1y oversight for design and procurement activities
for Human Resources, Corporate Travel, Marketing, and IT groups totaling $6.6B in annual spending
• Developed a strategic affordability model that provides a framework to pursue spending reduction projects and
allows the group to align department spending to corporate benchmarks. This effort resulted in a plan to reduce
non-production spending by $1.4B (25%) over a 5-year horizon
• Influenced director-level management and drove the adoption of Strategic Sourcing Plans across commodity
groups to ensure enforceable and measurable commodity strategies, focusing on gaining maximum leverage prior
to negotiating key contracts
Senior Financial Specialist -Global Bene.fits Group, Chandler, AZ 2004 -2007
• Lead financial specialist for HR and Corporate Travel groups responsible for global procurement and sourcing
activities totaling$ lB in annual spending
• Developed a breakthrough financial incentive program for self-funded healthcare suppliers, including Cigna,
United, and Anthem. Resulted in $36M in annual healthcare savings
• Finance lead for a team that drove a multi-site and cross-functional proposal to streamline overtime costs. This
effo1t resulted in a cost savings of over $25M and the implementation of a new business practice for Intel's
factories worldwide.
ARMY OFFICER, LIEUTENANT COLONEL
Battalion Commander -41911' Combat Sustainment Support Battalion (Not on Active Du~1,J 2011 -2012
• Command a battalion of six companies and over 500 officers, NCOs, and soldiers located in Orange and San
Diego counties.
Multi-Functional Logistician -82"d Airbome Division (Active Duty) 2011-2012
• Served as Joint Logistics Officer for Regional Command (South), Afghanistan -Operation Enduring Freedom
Tank/Armor Officer -1ST CavabJ' Division -Fort Hood, 1X (Active Duty) 1997 -2001
• Served as a Tank Platoon Leader, Tank Company Executive Officer, and Strategic Plans Officer
• Deployed as a NA TO peacekeeper to Bosnia-Herzegovina -Operation Joint Forge
Education & Pr ofessional Developm ent
• Vanderbilt University-Nashville, TN -MBA -Finance (2003)
• Boston University-Boston, MA -BA -International Relations (1997), cum laude
Awards
• Represented Intel at the closing ceremony of the NASDAQ stock exchange on Veterans Day 2013
Additional
• AIRS Elite Ce1tified Recmitment Expe1t (ECRE)
33 of 62 July 18, 2023, Item #16
~gucatio~ /Training/ Certification:
See attached Resume
Please explain why you want to be appointed to City Council; a separate sheet may be attached.
It has always been a goal of mine to get involved with City of Poway's City Council. Now that my children
have grown up, that time has come.
My husband and I have been watching council meetings online. We love watching our city politics at
work. We appreciate the community discourse and the respect that current Council shows to the people
of Poway.
Please see attached Cover Letter and Resume for details.
Additional Information: Please provide any additional information you wish coveringyourqualifications, interests, community/
professional organizations ortraining related to this appointment.
---
Please see attached Resume. Thank you.
35 of 62 July 18, 2023, Item #16
Education/ Training/ Certification:
Masters in Business Administration -Marketing & Supply Chain, University of San Diego, 1996
Bachelors of Science Business Administration, Salem State University, Salem, MA 1976
Please explain why you want to be appointed to City Council; a separate sheet may be attached.
This year, we celebrate being 30 year residents of the wonderful city of Poway. We moved to Poway in
1993 from a very similar style city in Roseville CA. We've made this our home and raised our family here.
All three of our adult children were educated in the PowaY, USO school system (Chaparral elementary
school, Twin Peaks middle school and Poway High schoo~. We are pleased and proud of the education
they received and the foundation Poway provided -each successful in their post college adult lives. Our
children were active in sports, music, robotics and activities that introduced me to many parents, teachers
and residents of Poway. We've made life long friends with many in our community. We are also active in
the horse community in South Poway.
Many of the reasons we selected Poway are still in place to this day even as the city has grown from
~40,000 to ~49,000. We enjoy the small town spirit coupled with a professionalism in the operation of the
City. I've interacted with many people in City Hall through the years from Community Services,
Development Services to Public Works. In each instance, I witnessed a level of professionalism,
courtesy, and a true desire to help.
Now that I am retired from work, I am at a point in my life where I want to give back to the City in the
Country: I believe I can bring a great deal to help the city strategize, and execute its plans and mission.
welcome any questions and the opportunity to serve our great city; it would be an honor to help.
Additional Information: Please provide any additional information you wish covering your qualifications, interests, community/
professional organizations ortraining related to this appointment.
take great pride in the city I am happy to call home. Through the years, I've been involved and engaged
n school programs, coached sports, provided time and resources to various activities be it help with
school events, serve as team photographer, or just as a fan in the stands for Poway sports.
Previously served on the Lomas Verde Estates HOA Board for 2 years
Gurrently on the HP retiree club board of directors (ClubHPSoCal)
40 of 62 July 18, 2023, Item #16
From:Rick Zampell
To:Carrie Gallagher
Cc:Rick Zampell
Subject:Re: City Council District 2 Application Submission Follow-Up
Date:Thursday, July 6, 2023 10:41:37 AM
Attachments:Rick Zampell resume May 2022.pdf
You don't often get email from rick.zampell@gmail.com. Learn why this is important
EXTERNAL EMAIL
Hello Ms. Gallagher,
I thought you might appreciate having a copy of my most recent resume for inclusion with my application. It may help provide a little extra insight into my work history.
Would you be able to add this to my application?
Thanks in advance for your help.
Kind regards,Rick
Rick Zampell
ATTACHMENT B
I
42 of 62 July 18, 2023, Item #16
RICK ZAMPELL
rick.zampell@gmail.com
San Diego, CA www.linkedin.com/in/rickzampell 858-395-5195
MARKETING, SALES AND BUSINESS MANAGEMENT LEADER
A passionate and persevering executive with a proven track record in creating and scaling new businesses,
solutions, and products to deliver results. Leverages insightful strategic planning, channel expertise, and
operational execution skills with a strong appreciation for end-to-end business management to consistently
achieve results. Notable creativity in problem solving and approach to customer challenges.
Marketing & Sales Operations & General Management
• Executive & Channel Relationships • Business Creation, sell-in
• Channel Programs & Sales • Strategic Planning
• Product Line Management • Deal Shaping
PROFESSIONAL EXPERIENCE
iCIMS CORPORATION, Talent Acquisition Software, Holmdel, NJ 2019- 2020
Vice President, GTM Strategy
• Reported to Chief Revenue Officer responsible for Global Sales, Customer Service & Rev Operations.
• Led integrated team of sales operations, services operations and revenue enablement in providing the
telemetry along the customer journey.
• Defined and built the annual strategies and plans for each department across Sales, Service & Support.
• Co-developed and deployed a set of connected cadence events to provide the forums and information
needed for real-time decision making.
• Drove the annual Revenue Kick-off event across Sales, Service & Support.
• Assisted the leadership team to develop the master "Revenue Storyline" and Plans used for Sales,
Service & Support in pursuit of growth. This position also serves as the Chief of Staff to the CRO.
NUANCE CORPORATION, Document Imaging Global Sales, Fort Lauderdale, FL 2017- 2018
Vice President, GTM Strategy
• Reported to SVP of Global Sales & Partner Alliance organization.
• Assisted Global Sales SVP to achieve Sales Plan goals throughout year.
• Co-led development of global Sales strategy and plans, including cadence and metrics.
• Drove creation of annual sales plan and strategy development with each Geo leader.
• Interim Global Alliances team manager, assessed function, talent, and depth of partnerships.
• Streamlined and re-organized Alliances, 50% reduction in costs, reset linkages with Sales
• Defined the GTM value chain and metrics.
• Lead reset of Sales Training & Enablement function for quota carrying sales people.
• Defined channel outreach investigation and executive presentation of key insights.
• Led market sizing to quota process resulting in fact based sales opportunities by country.
• Led cross-organizational business planning for segment of product line.
Page 1
43 of 62 July 18, 2023, Item #16
Marketing, Sales and Operations Consultant, San Diego, CA 2016-2017
• Assessed and proposed revised strategy and business plan for local nutraceuticals business.
• Analyzed market dynamics and created business plan draft for new manufacturing on-shoring
business model and advisory firm.
• Career coaching and mentoring for various professionals.
SYMANTEC CORPORATION, Global Sales and Marketing Operations, Mountain View, CA 2013-2015
Senior Director, Global Business Operations
Deliver a single, globally unifying set of processes, infrastructure, services and capabilities.
• Delivered $12M in overhead savings thru the definition and creation of the Global Shared Resources
Center; migrated global, geographic and regional functions to this 100-person team in Pune, India.
• Achieved $8M savings by driving reductions in IT footprint, eliminating redundant systems and tools.
• Led a five-department, 90-person process, systems, and reporting team that delivered a unified
approach toward global Sales processes, infrastructure and services.
• Defined global end-to-end Enterprise Selling Methodology, delivering new account planning and
intelligence, standard dashboards via an agile development model.
• Key executive liaison in a collaborative partnership with SalesForce.com.
• Key contributor on marketing automation leadership team consolidating to one Oracle platform.
• Executed the separation of people, processes and systems in advance of a company divestiture.
HEWLETT-PACKARD COMPANY, Imaging and Printing Group, San Diego, CA 1994-2012
Director, Americas Category Channel Marketing and Sales (2011-2012)
P&L, Category Marketing, Sales and Channel Programs, Americas Printing Media Business.
• Increased category market share (+4 ppts), and reversed revenue decline thru revised promotional
strategy for this $300M+ high-margin printing supplies product line.
• Integrated a new third-party sales agent model focused on adding new ($100M) revenue stream.
• Revised core strategy and established growth objectives that achieved gross margin goal.
• Drove cohesive strategy and execution, strengthened team dynamics across all outbound activities as
part of managing the P&L, category marketing and channel programs throughout the Americas.
Global Marketing Product Line Manager, Small Medium Business (SMB) Web Services (2008 – 2011)
Lead Product Line strategy, plans, and financials for Web Services for SMB Printer Customers.
• Created and delivered HP’s worldwide strategy maintaining print relevance based on web services.
• Recruited and lead a dedicated Marketing Team including Product Management and Marketing.
• Delivered HP’s first integrated web, hardware and software solutions, including a series of third-party
cloud-based imaging and printing applications tuned to small- medium size business customers.
• Created SMB user-experience use cases, sales tools and integrated storyboard that brought the
customer to life. Established and delivered go-to-market strategy.
• Provided consulting services to HP’s cloud-based Web Publishing Service; rewrote the business plan.
Rick Zampell 858-395-5195 Page 2
44 of 62 July 18, 2023, Item #16
Director, U.S. Channel Strategic Alliances / SMB Sales Manager (2006 – 2008)
Provide strategic account transformation and leadership with largest channel partner in the Americas.
• Achieved revenue growth goals (+15%), increased share (+9 ppts) in all channels for this $2B+ account.
• Led quarterly C-level progress reviews to ensure success and increased executive discussion as part of
delivering on a joint company Strategic Agreement with one of HP’s largest resellers. Drove the
transformation to a strategic selling approach across multiple selling motions – retail, contract, web.
• Co-led creation and execution of three-year strategy, roadmap, and marketing plans that met
aggressive sales growth goals. Created co-marketing programs and joint CRM approach.
• Sold-in new products, led the reset of the retail plan-o-gram, on-line presence and catalog treatment.
Launched new creative materials (TV, radio, print) and achieved unit growth goals.
• Re-engineered retail, web and catalog window planning and merchandising to achieve peak share
performance and increased ROI.
• Conceived of, developed, and facilitated holistic strategy workshops focused on transformation of
sales and share management resulting in increased ROI.
Global Director, IPG Consumer Accessories Business (1999 – 2006)
• Researched, analyzed, proposed and ramped business from zero to $100M+ per year.
• Successfully introduced 90 new consumer packaged goods products using appropriate business
models and development techniques including Outsourced Design, OEM.
Global Marketing Product Line Manager, Inkjet Media for Digital Photography (1994 – 1999)
• Successfully introduced two new product categories and ramped 40 highly profitable products
yielding in excess of $100M per year in revenue. Achieved #1 market share in targeted categories.
• Defined and built high margin consumer packaged goods supplies product line focused on emerging
digital photography category.
ADDITIONAL PROFESSIONAL EXPERIENCE
• Procurement Section Manager Hewlett Packard, San Diego, CA
• Manufacturing Services Section Manager Hewlett Packard, Sunnyvale, CA
• Post Production Manufacturing Manager Hewlett Packard, Roseville, CA
• Procurement Supervisor Hewlett Packard, Roseville, CA
• Manufacturing Systems, Planning and Scheduling Manager Hewlett Packard, Roseville, CA
• Production Control Shop Scheduler Hewlett Packard, Andover, MA
• Shipping Supervisor and Traffic Manager Hewlett Packard, Waltham, MA
EDUCATION
Masters in Business Administration (emphasis in Marketing and Supply Chain),
UNIVERSITY of SAN DIEGO, SCHOOL of BUSINESS ADMINISTRATION, San Diego, CA
Bachelor of Science, Business Administration, SALEM STATE UNIVERSITY, Salem, MA
Rick Zampell 858-395-5195 Page 3
45 of 62 July 18, 2023, Item #16
From:chernandezsd@cox.net
To:Steve Vaus; Caylin Frank; Brian Pepin; Peter De Hoff; City Clerk
Subject:D2 Council Seat
Date:Tuesday, July 4, 2023 12:15:54 PM
Importance:High
Some people who received this message don't often get email from chernandezsd@cox.net. Learn why this isimportant
EXTERNAL EMAIL
Dear Mayor Vaus and Council Members,
We are Poway District 2 residents, and we are recommending you appoint Carl Browning for
the open City Council seat. We’ve known Carl for several years through community activities.
We feel he would be an excellent City Council member and would represent District 2
effectively.
Carl is involved, thoughtful, and cares about people in our community. He knows our district
and our city. We trust him to make good choices in moving Poway forward.
Sincerely,
Carla Hernandez and Alexander Chucholowski, Poway District 2 Residents
12937 Camino del Valle
46 of 62 July 18, 2023, Item #16
From:Deborah Chiang
To:Steve Vaus; Brian Pepin; City Clerk; efrank@poway.org; Peter De Hoff
Subject:Appointment for Council District 2, Carl Browning
Date:Sunday, July 2, 2023 11:47:37 AM
[Some people who received this message don't often get email from ret1stgrade@outlook.com. Learn why this is
important at https://aka.ms/LearnAboutSenderIdentification ]
EXTERNAL EMAIL
Dear Mayor Vaus and Council Members,
I am a resident of Poway District 2 and I would like to recommend that you appoint Carl Browning to the open City
Council seat. I have known Carl for over 30 years. I first met him when he moved into our Bridlewood
neighborhood. He is a good neighbor, always ready to help on any project. His engineering background, “can do
attitude” and logical thinking will be an asset on the city council. His family is very involved in our community,
often hosting small musical nights that we enjoy attending.
I highly recommend appointing Carl to the open seat as he will represent our district well. I trust him to make
thoughtful decisions on behalf of all citizens in our community.
Thank you for considering Carl Browning,
Debbie Chiang
14057 High Sierra Road
Poway, CA
47 of 62 July 18, 2023, Item #16
From:Janet Warren
To:Steve Vaus; Caylin Frank; Brian Pepin; Peter De Hoff; City Clerk
Cc:Janet Warren
Subject:D2 City Council Seat
Date:Wednesday, July 5, 2023 9:30:45 AM
You don't often get email from janetlwarren@yahoo.com. Learn why this is important
EXTERNAL EMAIL
Dear Mayor Vaus and Council Members,
I am a Poway District 2 resident and have heard the Poway City Council will beappointing a new councilmember to represent us. I have heard Carl Browning is
applying for this open seat and believe he would be an excellent Council Member.
I have recently met and observed Carl Browning at a social gathering and believe that
he cares deeply about the people in our community as evidenced by his willingness to
become a City Council member. Clearly, his experience as a long-time resident of
District 2 and the City of Poway would contribute significantly to decisions of
importance facing the Council regarding the future of Poway.
I recommend the Council accept Carl's application for this seat and make this
appointment as soon as possible.
Sincerely,
Janet Warren
14565 Budwin Lane
Poway, CA 92064
I
48 of 62 July 18, 2023, Item #16
From:Kevin Juza
To:Steve Vaus; Caylin Frank; Brian Pepin; Peter De Hoff
Cc:City Clerk
Subject:Appointment Recommendation for City Council District 2 Seat
Date:Monday, July 3, 2023 11:03:11 AM
Some people who received this message don't often get email from kevinjuza@gmail.com. Learn why this isimportant
EXTERNAL EMAIL
Dear Mayor Vaus and Council Members,
I am a Poway resident, and I recommend you appoint Carl Browning for the open City
Council seat in District 2.
I have known Carl for the past couple of years. He lives in the Bridlewood area, and his kidsattended Poway High. He is a long-time resident committed to being helpful and open to
supporting the community. I appreciate Carl's ability to listen to all sides of the situation and isfair and thoughtful in his comments. He would compliment the City Council on the issues they
are facing.
Thank you for considering my recommendation of Carl Browning for the open City Councilseat in District 2.
Sincerely,
Kevin
Kevin Juza858.213.5680
14701 Fieldivew WayPoway, CA 92064
1-
49 of 62 July 18, 2023, Item #16
From:LMaletz
To:Steve Vaus; efrank@poway.org; Peter De Hoff; Brian Pepin
Cc:City Clerk
Subject:Open City Council Seat
Date:Tuesday, July 4, 2023 4:01:06 PM
Some people who received this message don't often get email from lmaletz1@san.rr.com. Learn why this isimportant
EXTERNAL EMAIL
Poway City Council
13325 Civic Center Drive
Poway, CA 92064
July 4, 2023
Subject: Letter of Support for the Appointment of Carl Browning to the Poway City Council Seat
Dear Mayor Vaus and Members of the Poway City Council,
I am a Poway District 2 resident writing to express my enthusiastic support for the appointment of
my neighbor, Carl Browning, to the open Poway City Council seat. Over the past three decades, I
have had the pleasure of knowing Carl as a close friend and a dedicated parent. Our children
attended Poway schools together, which provided us with ample opportunities to witness Carl's
outstanding qualities and unwavering commitment to our community.
Throughout the years, I have seen Carl exhibit genuine care and responsibility in every aspect of his
life. As a parent, he actively engaged in the education and well-being of our children. Carl
consistently demonstrated his dedication by actively participating in school events, volunteering his
time and expertise, and fostering a supportive environment for all students.
One of Carl's most commendable attributes is his active listening skills and trustworthiness. He has
an innate ability to lend an empathetic ear and truly understand the concerns and perspectives of
others. This genuine interest in the well-being of our community, coupled with his thoughtful
decision-making, makes him an ideal candidate for the Poway City Council.
I wholeheartedly believe that Carl Browning would make a fine council member. His caring nature,
combined with his strong sense of responsibility, will ensure that he approaches the position with
the utmost dedication and integrity. Carl's deep understanding of the needs and aspirations of our
community, acquired through his active involvement as a parent and his deep roots in Poway, make
him uniquely qualified for this role.
I kindly request the Poway City Council to consider Carl Browning's appointment to the vacant City
Council seat. I have no doubt that his compassionate, responsible, and trustworthy demeanor will
enable him to represent our community's interests effectively.
Thank you for your time and careful consideration. I am confident that appointing Carl Browning to
the Poway City Council would be a decision that benefits our community. Please do not hesitate to
contact me if you require any additional information.
Sincerely,
Louis Maletz
Louis Maletz, MD
Poway Resident
50 of 62 July 18, 2023, Item #16
From:Marion Von Ehrenstein-Smith
To:Steve Vaus; Caylin Frank; Brian Pepin; Peter De Hoff; City Clerk
Subject:Appointment for Council District 2
Date:Tuesday, July 4, 2023 11:01:37 AM
[Some people who received this message don't often get email from hobar@cox.net. Learn why this is important at
https://aka.ms/LearnAboutSenderIdentification ]
EXTERNAL EMAIL
Dear Mayor Vaus and Council Members,
I am a Poway resident and property owner and am recommending you appoint Carl Browning for the open City
Council seat. I’ve been a teacher at PHS for more than two decades and I have interacted with Carl over my years at
PHS. Our kids attended Poway High and had many of the same teachers. Carl is known for his good advice and
follow-through. With knowledge from his engineering background, he has helped many with aspects of home
ownership. Also, he and his wife, Esta, often volunteered at PHS, where I met him, supporting the kids and parent
groups. (Grad Nite construction chairperson.)
Carl is involved, thoughtful, and cares about people in our community. He’s good at working with people and he
cares about getting things right. I highly recommend Carl for this job. I trust him to make good choices in moving
Poway forward.
Sincerely,
Marion von Ehrenstein-Smith
(Poway Resident)
51 of 62 July 18, 2023, Item #16
From:Bill Foote
To:Steve Vaus; efrank@poway.org; Brian Pepin; Peter De Hoff; City Clerk
Cc:"Bill Foote"
Subject:Appointment to Poway City Council District 2
Date:Wednesday, July 5, 2023 12:07:35 PM
Some people who received this message don't often get email from bfoote@visionmetrics.com. Learn why this isimportant
EXTERNAL EMAIL
Dear Mayor Vaus and Council Members,
I am a long-time Poway resident, and I am writing is support of the appointment Carl Browning to
the open District 2 Council seat.
Although I do not reside in District 2, every council seat affects all of Poway, and I feel Carl Browning
would serve all of Poway well.
I have known Carl for nearly 30 years, initially through work relationships and subsequently as
neighbors and friends. I have always found Carl to be insightful, thoughtful, and dependable. He has
always demonstrated great awareness and concern for issues facing Poway, and has always been
involved in his community.
I know Carl would serve all Poway residents well as District 2 Council Member.
Sincerely,
Bill Foote
12545 McFeron Rd.
Poway, CA 92064
858-413-5394
52 of 62 July 18, 2023, Item #16
From:Rose Maligat
To:Steve Vaus; efrank@poway.org; Brian Pepin; Peter De Hoff
Cc:City Clerk
Subject:Appointment for Council District 2
Date:Wednesday, July 5, 2023 3:46:12 PM
Some people who received this message don't often get email from rmclementson@gmail.com. Learn why this isimportant
EXTERNAL EMAIL
Dear Mayor Vaus and Members of the City Council,
My name is Rose Maligat and I have been a Poway resident since 1985. I am also an active
Poway voter. Due to a vacancy in the District 2 city council member position, I have heard that
the city council will be appointing someone soon. I am strongly recommending Carl Browning
to take this seat.
I have known Carl since 1998 and he has proven himself to be a caring and conscientious
individual with a practical and analytical mind. I met Carl through his volunteering efforts at
Poway High School and was impressed with his strong work ethic and dedication. He
continued to volunteer at Poway High long after his children had graduated. We have
remained in touch and I have attended gatherings at his house for non-profit events and other
fundraisers. These events are always wonderfully organized and very popular.
Carl is an honest man with strong morals and integrity. He is dedicated to the city of Poway
and I cannot imagine anyone more suited to fill this position.
Sincerely,
Rose Maligat
Poway Resident
1-
53 of 62 July 18, 2023, Item #16
From:hcollins1@san.rr.com
To:Steve Vaus; Caylin Frank; Brian Pepin; Peter De Hoff; City Clerk
Subject:Appointment for Council District 2
Date:Thursday, July 6, 2023 4:20:22 PM
Some people who received this message don't often get email from hcollins1@san.rr.com. Learn why this isimportant
EXTERNAL EMAIL
Dear Mayor Vaus and Council Members,
The Collins Family has resided in Council District 2 for thirty three years. We love this area of Poway
due to its many amenities. However, the area has rapidly changed with the construction and
development of the Farm community.
Now more than ever, we need a council member that will truly represent us. There will be many
candidates that seek the current vacancy. We would like to recommend Carl Browning for your
consideration. He is a team player that has a very thorough knowledge about District 2. We have
listen to many of his presentations at council meetings on City and District issues and found them to
be quite insightful to problem solving the issue.
We believe Carl Browning has all the qualifications and personal qualities to represent District 2 on
the council. Above all, he would be effective in representing all segments of our important district.
Thank you,
The Collins Family
16886 Saint Andrew Drive
Poway, CA 92064
54 of 62 July 18, 2023, Item #16
From:Renee Edwards
To:City Clerk; Steve Vaus; efrank@poway.org; Brian Pepin; Peter De Hoff
Subject:Appointment for Council District 2
Date:Thursday, July 6, 2023 10:12:07 PM
[Some people who received this message don't often get email from reneebedwards@gmail.com. Learn why this is
important at https://aka.ms/LearnAboutSenderIdentification ]
EXTERNAL EMAIL
Dear Mayor Vaus and Council Members,
I’ve lived in Poway's District 2 for over 20 years and I met Carl
Browning through our mutual interest in
music. He worked in the high tech industry with my husband for many
years. They often would carpool
to their Sorrento Valley office.
I’ve attended several gatherings, hosted by the Brownings, including
house concerts
and non-profit fundraising events. They are always well-organized and
well-attended.
Carl is an excellent collaborator, who listens carefully and makes
useful, practical, and creative suggestions. He
pays incredible attention to detail and has an ability to make
everyone feel valued.
I’ve heard Carl is applying for the open District 2 Poway City Council
seat. He’s good at working with
people and he cares about getting things right. I highly recommend
Carl for this job.
Thank you,
Renee Edwards
12809 Pinefield Road
55 of 62 July 18, 2023, Item #16
From:Cora Bagley
To:Brian Pepin; City Clerk; efrank@poway.org; Peter De Hoff; Steve Vaus
Subject:Appointment for Council District 2 - Carl Browning
Date:Friday, July 7, 2023 1:56:01 PM
Some people who received this message don't often get email from cora.bagley@gmail.com. Learn why this isimportant
EXTERNAL EMAIL
Dear Mayor Vaus and Council Members,
I am a Poway District 2 resident and am recommending Carl Browning for the
open City Council seat. I’ve known Carl for many years. He’s a neighbor in our
Bridlewood area. Carl is very concerned with the progress and improvements
of our district. He has an engineering background which would serve him and
the city well in analyzing any potential municipal projects.
Carl is involved, dependable, thoughtful, and cares about people in our
community. He knows our neighborhood and our city. In my opinion Carl is a
great candidate for the open Council position.
Thank you for your consideration.
Cora Bagley
16439 Bridlewood Road
Poway
1-
56 of 62 July 18, 2023, Item #16
From:Audrey Schwartz
To:Steve Vaus; efrank@poway.org; Brian Pepin; Peter De Hoff
Cc:City Clerk
Subject:Appointment for Council District 2
Date:Sunday, July 9, 2023 11:28:04 AM
Some people who received this message don't often get email from audreyjunes@gmail.com. Learn why this isimportant
EXTERNAL EMAIL
Dear Mayor Vaus and Council Members,
We are Poway District 2 residents and have lived in our home on Bridlewood Road for 29
years. Carl Browning and his wife Esta are neighbors of ours on Bridlewood Road and werealready living here when we moved into our home. They've always been friendly and caring
neighbors, and we'll never forget how welcoming they were when we first moved in. Theirwonderful daughter Emily came to our door, introduced herself and became our young
daughters' babysitter.
Carl and Esta care deeply about our Poway community and have volunteered numerous hoursto our schools and local non-profits. Carl is kind, compassionate and dependable and would be
an excellent choice for the open Poway City Council seat. We trust that Carl would be a goodlistener and would make well thought out recommendations for the good of our city. We
highly recommend Carl for the job.
Thank you,
Audrey & Ross Schwartz16457 Bridlewood Road
Poway 92064
1-
57 of 62 July 18, 2023, Item #16
From:Jill Morgan
To:Steve Vaus; Caylin Frank; Brian Pepin; City Clerk
Subject:Recommendation for open city council seat
Date:Sunday, July 9, 2023 12:02:11 PM
Some people who received this message don't often get email from jmorgan005@san.rr.com. Learn why this isimportant
EXTERNAL EMAIL
Dear Mayor Vaus and Council members,
Good Afternoon,
Our names are Jerry and Jill Morgan and we have lived in District 2 for 37 years.
We would like to recommend Carl Browning for the open City Council seat. Carl
has been our neighbor for the past 30 years. He and his wife, Esta, have hosted
many neighborhood events and brought our neighbors together. He is always
welcoming and a community leader with extensive knowledge of our desires
for our community.
We feel strongly that we need someone like Carl to represent people in our
community area with the knowledge and willingness to serve all those that live
in Poway.
Sincerely,
Jerry and Jill Morgan
16450 Bridlewood Rd.
58 of 62 July 18, 2023, Item #16
From:Diane Foote
To:Steve Vaus; Caylin Frank; Brian Pepin; Peter De Hoff
Cc:City Clerk
Subject:Recommendation for Carl Browning for City Council - District 2
Date:Monday, July 10, 2023 10:56:54 AM
Some people who received this message don't often get email from diane.neliusfoote@gmail.com. Learn why thisis important
EXTERNAL EMAIL
Dear Poway City Council members: Cailyn Frank, Brian Pepin, Peter De Hoff, and Mayor Vaus,
I’ve lived in the Poway community for 33 years. Some of you may know me through my
participation in the Poway Community Leadership Institute (PCLI), work at City Hall, and membership
on the Poway Road Corridor Study/Specific Plan committee. I know the caliber of the people that
work for and lead our city.
I am writing to you because the City Council will be appointing a replacement council member inDistrict 2. I highly recommend Carl Browning for this appointment.
I have known Carl for over 25 years. We worked together at technology companies throughout the
1990s and 2000’s and because he was so great to work with, we’ve been friends since then.
The attributes that made Carl a wonderful co-worker will make him an effective council member. Helistens and evaluates situations from multiple viewpoints in order to find the best solution. He iscurious, intelligent and has the technical knowledge to understand methods and resources that canmake our city more efficient and work better for all our citizens.
I know Carl will make a great interim council member and you’ll enjoy working with him.
Thank you for considering my recommendation,
Diane Foote
12545 McFeron Road
Diane Footediane.neliusfoote@gmail.com
858-775-0458
1-
59 of 62 July 18, 2023, Item #16
From:Debby Swanson
To:Steve Vaus; Caylin Frank; Brian Pepin; Peter De Hoff
Cc:ciryclerk@poway.org
Subject:Council Recommendation
Date:Monday, July 10, 2023 12:13:47 PM
Some people who received this message don't often get email from debbyswanson@cox.net. Learn why this isimportant
EXTERNAL EMAIL
June 10, 2023
Dear Mayor Vaus and Council Members,
I am a Poway District 2 homeowner for 37 years and am recommending you
appoint Carl Browning for the open City Council seat.
I’ve known Carl, and his wife, for many years as a neighbor in our Bridlewood
area. He is known for his good advice and follow-through. With knowledge
from his engineering background, he has helped several neighbors with various
home improvement projects, and his home is a beautiful testament to his skills
and love of all Poway has to offer.
I’ve attended gatherings, hosted by the Browning’s, including community
speakers and non-profit fundraising events. They are always well-organized
and well-attended.
Carl reminds me of Barry Leonard as an excellent listener who quickly
responds and gets things done! He is organized with attention to detail and the
ability to make everyone feel valued.
Carl is involved, thoughtful, and cares about people in our community. He
knows our neighborhood and our city. I trust him to make good choices in
moving Poway forward.
Sincerely,
Debby
Debby Swanson
14054 Valley Springs Road
Poway, CA 92064
(858) 397-3104
60 of 62 July 18, 2023, Item #16
From:Steve Swanson
To:Steve Vaus; Caylin Frank; Brian Pepin; Peter De Hoff
Cc:City Clerk
Subject:Council Seat
Date:Monday, July 10, 2023 2:29:30 PM
Some people who received this message don't often get email from caswanies@cox.net. Learn why this isimportant
EXTERNAL EMAIL
June 10, 2023
Dear Mayor Vaus and Council Members,
I am a Poway District 2 homeowner for 37 years, a former PUSD teacher
deeply involved in the community and retired Navy Captain. I am
recommending you appoint Carl Browning for the open City Council seat.
I’ve known Carl, and his wife Esta, for many years as a neighbor in our
Bridlewood area. He is known for his good advice and follow-through. With
knowledge from his engineering background, he has helped several neighbors
with various home improvement projects, and his home is a beautiful testament
to his skills and love of all Poway has to offer.
I’ve attended gatherings, hosted by the Browning’s, including community
speakers and non-profit fundraising events. They are always well-organized
and well-attended.
Carl reminds me of Barry Leonard as an excellent listener who quickly
responds and gets things done! He is organized with attention to detail and the
ability to make everyone feel valued.
Carl is involved, thoughtful, and cares about people in our community. He
knows our neighborhood and our city. I trust him to make good choices in
moving Poway forward.
Sincerely,
Steve Swanson
14054 Valley Springs Road
Poway, CA 92064
619-218-4733
61 of 62 July 18, 2023, Item #16
From:Podvin
To:cvaus@poway.org; Caylin Frank; Brian Pepin; Peter De Hoff; City Clerk
Cc:podvin@cox.net
Subject:District 2 appointment
Date:Tuesday, July 11, 2023 11:39:14 AM
Some people who received this message don't often get email from podvin@cox.net. Learn why this is important
EXTERNAL EMAIL
Hello Mayor Vaus and City Council members;
I am a resident of District 2 and would like to recommend the appointment of Carl Browning to the
vacant seat on the City Council.
While working with Carl on committees he has been a very enthusiastic and helpful asset, giving
generously of his time and expertise.
He would be a good addition to the Council and a good representative for our area.
Thank you for considering him.
Karen Podvin
14445 High Valley Rd.
62 of 62 July 18, 2023, Item #16