Poway City Council
July 18, 2023

AGENDA Poway City Council
Council Chamber I 73325 Civic Center Drive I Poway, CA I 92064 July 18, 2023 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.asp x 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 -IN ITIATED ITEMS: None
COUN CIL COMMITTEE REPORTS and ANNOUNCEMEN TS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANA GER ITEMS:

CITY ATTORNEY ITEM S: (Including any public report of any action 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
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

July 18, 2023
Honorable Mayor and Membe rs of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or cgallagher@po~ay.org

CITY COUNCIL
SUBJECT: Approval of the May 2, 2023 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• May 2, 2023 Regular City Council Meeting Minutes
The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority , and the Successor Agency to the Poway Redevelopment Agency.

Recommended Action:

It is recommended the City Council approve the May 2, 2023 Regular City Council Meeting Minutes .

Public Notification:

None.

Attachments:

A. May 2, 2023 Regular City Council Meeting Minutes
Reviewed/Approved By:
w~:ts~
Assistant City Manager
1 of 7
Reviewed By:

Alan Fenstermacher
City Attorney
July 18, 2023, Item #2
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 #2

ATTACHMENT A
City of Poway – Minutes – May 2, 2023
3 of 7

PUBLIC COMMENT
Jim B
unner 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 T ime 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 M
ayor 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 this Agenda

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 Quality Act (CEQA)

4. Resolution Approving a 2% Increase in the Regional Transportation Congestion Improvement Program (RTCIP) Traffic Mitigation Fee for Fiscal Year (FY) 2023-24, as required by the TransNet Ordinance

5. Resolution authorizing participation and acceptance of funds through the 2022 State Homeland 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.

PUBL
IC HEARINGS:

8. Varianc
e (VAR) 20 -002/Conditional Use Permit (CUP) 20 -006/Minor Development Review Application (MDRA) 20 -017, a request to construct and operate a wireless communication facility containing a tower feature that exceeds the maximum building height, in the Creekside Plaza shopping center located at 13573 Poway Road, in the Commercial General district of the 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 Playground Renovation Project, Bid No. 23-008, Appropriation of Additional Funds and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) Special Projects Engineer Jeff Beers presented the item along with a PowerPoint. He noted previous Council review and unanimous approval to move forward and advertise the project for bid. S ix (6) bid s were received, and the recommendation of award goes to Marcon Engineering, Inc. Mr. Beers added staff is requesting an additional $400,000 appropriation to the project to cover construction contingency and special inspection review.

No speakers.

Council discussion ensued and commented positively regarding the timeline of the project and the new and innovative direction for future park improvements.

Motioned by Councilmember Frank, seconded by Councilmember Pepin to 1) award the contract for the Lake Poway Upper Playground Renovation project to MarCon Engineering, Inc., in the amount of $1,546,190.34 and authorize the City Manager to execute the contract; 2) appropriate additional funds in the amount of $400,000 from the Park Improvement Fund (4110-30504112) for construction of the Lake Poway Upper Playground Renovation Project (CIP #PK020); and 3) make a determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA). Motion carried unanimously (De Hoff – Absent).

10. Approval of Agreement Between the City of Poway and Convergint Technologies, LLC for the purchase and installation of an electronic security system at the Lester J. Berglund Water Treatment Plant and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
Assistant Director of Finance Operations Brad Rosen presented the item al ong with a PowerPoint. He stated the water treatment plant security upgrades project addresses the need to replace the existing 10-year-old analog security system with the latest network surveillance technology including the installation of 21 cameras made up of a variety of different camera types. He added the existing cameras do not provide the clear visibility or functionality as newer technology will. He described the security software suite noting it provides a unified security platform with advanced surveillance technology and makes available 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-IN
ITIAT ED ITEMS:

None.

COUNCIL C
OMMITTEE REPORTS and ANNOUNCEMENTS: Pursuan t to AB1234 - (G.C. 53232(d))
Councilm
ember 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 AT
TORNEY ITEMS (Incl uding any public report of any action taken in closed session) None.

ADJOURNM
ENT
The meeti
ng was adjourned at 7:50 p.m.

July 18, 2023, Item #2
City of Poway – Minutes – May 2, 2023
7 of 7
__________________________________
Carr
ie 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 #3

ATTACHMENT A
Ordinance No. 860

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

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

(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

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 c
amp 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 personal property 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

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

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

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
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
July 18, 2023
Honorable Mayor and Members of the City Council J
Eric Heidemann, Director of Public Works
Mike Obermiller, Public Works Operations Manager ft(}
(858) 668-4722 or mobermiller@poway .org

CITY COUNCIL
Award of Agreement to Ocean Blue Environmental Services Inc., for As-Needed Hazardous Waste Cleanup and Disposal Services; RFP No. 23-013 A request for proposals (RFP) for Hazardous Waste Cleanup and Disposal Services, RFP No. 23-013, was duly advertised on January 26 and February 2, 2023. Four (4) responsive proposals were received and opened on February 16, 2023. Staff reviewed the proposals submitted and recommends Ocean Blue Environmental Services Inc., as the company providing the best value for Hazardous Waste Cleanup and Disposal Services to the City of Poway (City). Staff determined Ocean Blue Environmental Services Inc. to be responsive and qualified to provide these services. The length of the awarded agreement shall be two (2) years beginning on July 19 , 2023 through June 30, 2025. The agreement may be extended for up to three (3) separate one-year term extensions. When hazardous waste cleanup and disposal services are initiated by the City, the funds will be expended through the adopted budget . The agreement includes specific rates for labor, material, equipment , instrumentation, vehicle use, and emergency disposal.

Recommended Action:

It is recommended City Council award the agreement for Hazardous Waste Cleanup and Disposal Services, RFP No. 23-013, to Ocean Blue Environmental Services Inc., and authorize the City Manager to execute the necessary documents.

Discussion:

The City has a need for Hazardous Waste Cleanup and Disposal Services. The contractor shall provide 24-hours a day and seven (7) days a week emergency cleanup and disposal response and disaster recovery for chemical, biological or other hazardous emergencies on an as-needed basis. The as­ needed hazardous waste disposal services will be primarily for hazardous waste that has been abandoned in the public right-of-way or on City-owned property. This includes accidental spills or discharges in the public right-of-way or on City-owned property which require the Contractor's emergency response and disaster recovery for chemical, biological or other hazardous emergencies.

Services may include cleanup and disposal of materials recovered/removed from the emergency 1 of 26
July 18, 2023, Item #4
response. The San Diego County Sheriffs Department utilizes a different company for hazardous waste cleanup related to their work.

The RFP was advertised for three (3) weeks in January and February. Four (4) proposals were received and opened on February 16, 2023, and Ocean Blue Environmental Services Inc., was found to be responsive to the proposal's requirements. This agreement will include a not-to-exceed annual 5% CPI increase.

The proposals received were independently reviewed and scored by a review panel consisting of three (3) City staff members. The top company was then invited for an interview as part of the selection process. The interview was held on March 24, 2023. The interview provided the company an opportunity to provide additional details covering the topics of company information, employee training, services, communication, and logistics.

Following the selection interview, the panel determined Ocean Blue Environmental Services Inc., offered the best overall value to provide the comprehensive hazardous waste cleanup and disposal services the City is seeking. Under the agreement, Ocean Blue Environmental Services, Inc., will provide as-needed hazardous waste cleanup and disposal services in accordance with industry standards. Ocean Blue Environmental Services, Inc., has several public sector customers, including San Diego, Orange, and Los Angeles Counties and Ocean Blue also services various ports, airports, county and state agencies.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

Sufficient funds are available in the FY 2023-24 adopted budget for the Public Works Street Maintenance Division (411040-29100), Stormwater and Flood Control Division (412040-29100 & 41200), and Fleet Maintenance Division (413010-29100).

Public Notification:

None.

Attachments:

A. Standard Agreement
Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
2 of26
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

City Manager
July 18, 2023, Item #4
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 19th day of July 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and OCEAN BLUE ENVIRONMENTAL SERVICES INC., (hereinafter referred to as "Contractor").

RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to perform Hazardous Waste Cleanup and Disposal Services;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services.

Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

2. Compensation and Reimbursement.

City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

3. Term of Agreement.

The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

4. Termination.

This Agreement may be terminated with or without cause by City.

Termination without cause shall be effective only upon 60 day written notice to Contractor.

During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be affected by delivery 3 of26 ATTACHMENT A
July 18, 2023, Item #4
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

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
(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.

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
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By: _________ _
Chris Hazeltine, City Manager
Date: -----------
ATTEST:

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

OCEAN BLUE ENVIRONMENTAL
SERVICES INC.,
By: ___________ _
Justin Lee, President
Date: ------------
By:-------------­
Alan Fenstermacher, City Attorney
11 of 26 9
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.
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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:
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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:
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(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. 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).
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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
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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
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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
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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
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Item
No.
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3 4
5 6
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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."
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July 18, 2023, Item #4
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPow ay
July 18, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services M
Jeff Beers, Special Projects Engineer
(858) 668-4624 or [email protected]

CITY COUNCIL
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 In July 2021, the Development Services Department issued a Request for Proposals (RFP No. 22-003) for architectural and engineering design services for comprehensive maintenance and rehabilitation of the Poway Center for the Performing Arts (PCPA) and construction management services for future construction projects. This action will approve the Consultant Agreement with Sillman Wright Architects to provide architectural and engineering design services for the project and appropriate additional funds for the project.

Recommended Action:

It is recommended the City Council:
(1) Approve the Consultant Agreement (Attachment A) with Sillman Wright Architects in the amount of $679,090 for the PCPA Facility Maintenance Design project, per the outlined terms of the agreement and authorize the City Manager to execute the necessary documents; and (2) Appropriate additional funds in the amount of $179,090 from the Capital Improvement Fund (General Fund), available fund balance to the PCPA Facility Maintenance Design (MN030) project.

Discussion:

A Request for Proposals was issued in July 2021 for the scope of work included with this contract. At that time the scope was for a three-year construction project and Sillman Wright Architects was selected as the design consultant. The project was put on hold while the City negotiated a new Joint Use Agreement UUA) with Poway Unified School District (PUSD) insuring PUSD shares in the design and construction costs. Following adoption of the new JUA the project is now resuming with the same consultant and project scope but the construction will span over a five-year period. There is an increase in cost for the consultant agreement due to cost escalations since the RFP was issued and the additional two years of construction management needed for the five-year construction plan. A list of the projects proposed to be implemented over the five-year period is provided as Attachment B. 1 of 26
July 18, 2023, Item #5
The PCPA is a state-of-the-art professional theater, which opened in May 1990, with a seating capacity of 797. The Center was designed for professional and student performances ranging from major plays and concerts to appearances by individual artists of national acclaim. This project is the first comprehensive maintenance program to replace much of the mechanical, plumbing, and electrical equipment in the facility as well as replace deteriorated interior finishes. At this point in the building's lifespan, most of the equipment has outlived its standard useful life and should be replaced. In addition to the building's infrastructure replacement needs, additional required Americans with Disability Act (ADA) upgrades are needed throughout the facility. The consultant for this project is required to have experience with Division of the State Architect (DSA) procedures, processes and requirements for gaining approvals to construct and for completing the certification of the project.

The DSA is the Building Code authority for buildings located on school sites. The PCPA is a City building located on the campus of Poway High School.

The scope of work for the consultant is to design a complete set of DSA approved plans for a multi­ phase rehabilitation project for the PCPA. The project scope will include replacement of most of the major HVAC, plumbing, and electrical equipment as well as replacement of many interior finishes and ADA upgrades. The interior finishes include items such as lay in ceiling, carpet, and sheet flooring. For additional scope details, reference the attached Consultant Agreement.

The project construction is anticipated to be a multi-year rehabilitation project spanning an estimated five years. The construction management portion of the agreement referenced in the attached fee schedule will not be applicable until design work is complete, projects are bid, and construction begins. It will be constructed in such a way that has the least facility downtime and minimizes conflicts for theater operations. PUSD will be paying 35% of the cost of the design and the forthcoming maintenance projects as required by the City of Poway, PUSD joint use agreement for the PCPA.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

The consultant's fee will be based on the scope of work as outlined in the Agreement. The not-to­ exceed fee of $679,090 for professional services will be the basis for this effort. Funds totaling $500,000 are currently available in the PCPA Facility Maintenance Design (MN030) project.

Approval of this item will require an appropriation of $179,090 from the Capital Improvement Fund (General Fund), available fund balance to the PCPA Facility Maintenance Design (MN030) project.

Public Notification:

None.

Attachments:

A. Consultant Agreement
B. Five-Year List of Projects
Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
2 of 26
Reviewed By:

Alan Fenstermacher
City Attorney City Manager
July 18, 2023, Item #5
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 19th day of July, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and SILLMAN WRIGHT ARCHITECTS (hereinafter referred to as "Consultant").

RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform architectural and engineering design services for the Poway Center for the Performing Arts Facility Maintenance Project (Project);
WHEREAS, Consultant is an engineering and architectural design consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services.

Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

2. Compensation and Reimbursement.

City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

3. Term of Agreement.

The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

4. Termination.

This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement.

This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause, shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of 26 ATTACHMENT A
1 July 18, 2023, Item #5

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 considerat ion, 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
[email protected]
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 SILLM AN I 7515 Metropolitan Dr ive 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

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 Dr iv e I Suite 400 I San Diego CA 92108 IT: 619.294.751 5 I F: 619. 294.7 59 2 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023

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 SILLMA N I 7515 Metropolitan Drive I Suite 400 I San Diego CA 921 08 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

when the schedule needs to be adjusted. In the event that there is a delay this is not directly attributable to the Architect; the Architect will be provided additional time & fee to complete their scope of work.

Project Kick-Off
Field Investigation
50% Construction Drawings
75% Construction Drawings
100% Construction Drawings
Division of the State Architect
Processing
No Construction
Bidding
Construction Support Inc 1
No Construction
Bidding
Construction Support Inc 1
No Construction
Bidding
Construction Support Inc 1
No Construction
Bidding
Construction Support Inc 2
No Construction
Bidding
Construction Support Inc 3
Close Out
5/1/2021
14 days 5/15/2021
35 days 6/19/2021
35 days 7/24/2021
49 days 9/11/2021
133 days 9/11/2021
150 days 2/8/2022
52 days 4/1/2022
61 days 6/1/2022
92 days 9/1/2022
153
212 days 4/1/2023
61 days 6/1/2023
92 days 9/1/2023
153
213 days 4/1/2024
61 days 6/1/2024
92 days 9/1/2024
153
212 days 4/1/2023
61 days 6/1/2023
92 days 9/1/2023
153
213 days 4/1/2024
61 days 6/1/2024
92 days 9/1/2024
61 days 8/1/2024
214 days 4/3/2025

2.00 wks 0.47 mos

5.00 wks 1.17 mos

5.00 wks 1.17 mos

7.00 wks 1.63 mos
19 wks 4.43 mos

21.43 wks 5.00 mos

8.71 wks 2.03 mos

13.14 wks 3.07 mos

8.71 wks 2.03 mos

13.14 wks 3.07 mos

8.71 wks 2.03 mos

13.14 wks 3.07 mos

8.71 wks 2.03 mos

13.14 wks 3.07 mos

8.71 wks 2.03 mos

13.14 wks 3.07 mos

8.71 wks 2.03 mos

30.57 wks 7.13 mos
16 Of 26 SILLMA N I 7515 1Vletropo li ta11 Drive I Su ite 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

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 Metropol itan Drive I Suite 400 I San Diego CA 92103 IT: 619.294 .7515 I F: 619.29 4 .7592 July 18, 2023, Item #5
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023

IV. Client to Provide
A. Client agrees to provide Architect with all information, surveys, reports, and professional recommendations and any other related items required by the Architect in order to provide professional services.

Architect may rely on the accuracy and completeness of these items B. As Built Drawings in AutoCAD
V. Fees
Fee for Architectural Services:

Site Investigation & 50%
Construction Documents
75% Construction Documents
100% Construction Documents
Permitting/ Issue for Construction
Bidding
Construction Admin
Project Close Out
$
$
$
$
$
$
$
$
162,982 24%
135,818 20%
122,236 18%
54,327 8%
33,955 5%
162,982 24%
6,791 1%
679,090 100%
18 Of 26 SILLMAN I 7515 Metropolitan Drive I Suite 400 I San Diego CA 92108 IT: 619.294 7515 I F: 619.294 .7592 July 18, 2023, Item #5
19 of 26
Poway Center for the Performing Arts (PCPA)
Proposal for Architectural & Engineering Services
February 23, 2023

Architect of Record $
Structural $
Mechanical $
Plumb ing $
Electrical $
Fire Protection Engineer $
CASp $
335,000
38,000
106,000
73,000
66,000
18,000
8,000
Cost Estimating 1----'--------'----+---------l $ 35,090 $ 679,090
r>~···::.'-V -;-·,:·>./:)·','..:Options&Allowances·\.',. ·,.· 'i(~;i- ·::..-.-,'.•, 1,.,,1,..,.,.~ ~~~ ... ~.:.:..~
~--~
Renderings per
$ 3,000 Rendering
Site Survey $ 10,000 ROM
Printing $ 15,000 ROM
A. Payment for services shall be billed monthly based on percentage of completion of the work but shall not exceed percent complete for each milestone deliverable
B. The above fee is based on the aforementioned scope of services.

The actual service may change. If so, Architect shall inform Client prior to performing added services
C. Services provided on a Not To Exceed (NTE) amount shall be billed on an hourly basis.

D. Additional Meetings at the Site will be billed on an hourly basis.

E. Travel outside the Owner of San Diego will be considered a reimbursable expense.

SILLMAN I 7515 Metropolitan Driv e I Suite 400 I San Die go 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

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 'Metropol i tan 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

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 Suit e 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
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
July 18, 2023
Honorable Mayor and Members of the City Co~'t7il
Eric Heidemann, Director of Public Works 7 ,):"
Will Wiley, Assistant Director of Public Work: ~ /
(858) 668-4705 or [email protected] 'Y

CITY COUNCIL
Approval of License Agreement between the City of Poway and OpenGov (formerly Cartegraph Systems LLC) for Software Licensing, Technical Support and Maintenance
The City of Poway (City) util izes OpenGov (formerly Cartegraph Systems LLC) software to manage Public Works Department work orders and assets. With the license agreement expirat ion, staff recommends renewing its license agreement with OpenGov for its Operations Management System (OMS) and SeeClickFix platfo rms for asset and work order management and public reporting services.

Total cost of agreement is $260,080 and is effective for the period commencing July 30, 2023, and ending July 29, 2026. Staff determined OpenGov's products continue to best meet the business needs of the City.

Recommended Action:

It is recommended City Council approve the License Agreement with OpenGov for Operations Management System (OMS) licensing, technical support and maintenance; and authorize the City Manager to execute the necessary documents.

Discussion:

The City first implemented OpenGov in August 1998 to assist staff in day-to-day operations . Initially, OpenGov was utilized to generate and process work orders, record labor, equipment and materials costs, and generate reports. Since 1998, the City has entered into new license agreements with OpenGmi as their asset management functionality has increased to meet the City's business needs over time. This includes web based OpenGov products, integration of public service requests, GIS integration and mobile access, and comprehensive asset management capabilities. The new licensing model allows for unlimited user licensing and future cloud migration along with a recently added water treatment plant module.

After an evaluation of OpenGov software platforms, staff concluded OpenGov's OMS SeeClickFix 1 of 10
July 18, 2023, Item #6
solution would best meet overall work order, maintenance and asset management system needs of the City. SeeClickFix provides both a mobile and web application allowing the public to submit service requests to the City that get routed to the appropriate department for resolution. The system improves notification and workflow of the request and provides the ability to send feedback and resolution back to the requestor.

Currently, the City is in its final year of the license agreement with OpenGov, which expires July 29, 2023. Staff recommends renewing its license agreement with OpenGov. Under the proposed new license agreement, the term of the agreement is three years beginning July 30, 2023, and ending July 29, 2026. Total agreement amount is $260,080. Annual agreement amounts with a 5% CPI increases for each year are $82,500; $86,625 and $90,955; respectively. This will be budgeted annually.

Environmental Review:

This action is not subject to review under California Environmental Quality Act (CEQA).

Fiscal Impact:

Sufficient funds are available in the Public Works Director Division (400060-41200) adopted FY 2023- 24 budget for the initial year of the contract term. Amounts will be included in the proposed budget for each of the two subsequent fiscal years for the remaining term of this agreement for Council's consideration.

Public Notification:

None.

Attachments:

A. Agreement with OpenGov, Inc.

Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
2 of 10
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

July 18, 2023, Item #6

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 [email protected] 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/serv ice-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
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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
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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
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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
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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
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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
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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

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OG-OOCA3649
4/14/2023
7/29/2023
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City of Poway , CA
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Poway, California 92064
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July 30, 2025
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7/30/2024
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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.

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July 18, 2023, Item #6
July 18, 2023, Item #7
July 18, 2023, Item #7
July 18, 2023, Item #7
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway

CITY COUNCIL
July 18, 2023
Honorable Mayor and Members of the City C~ ncil
Eric Heidemann, Director of Public Works 4,
Will Wiley, Assistant Director of Public Works for Maintenance Operation4/ (858) 668-4705 or [email protected] )7
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
On June 6, 2023, City Council adopted Resolution No. 23-022 declaring intention to levy and collect assessments within Landscape Maintenance District 83-1 (LMD 83-1) and set the public hearing for July 18, 2023. City Council is to consider approval of a resolution (Attachment A) authorizing the levy and collection of assessments for each affected parcel within LMD 83-1 for Fiscal Year 2023-24. Fiscal Year 2023-24 assessment rates for LMD 83-1 Zone A, Zone B and Zone Care proposed to remain unchanged at the Fiscal Year 2022-23 rates of $118.48, $235.75 and $496.16 per benefit unit year, respectively. Landscape maintenance service levels for Zones A, Band C will remain at level C and may be subject to adjustments depending on frequency and magnitude of unplanned events.

Recommended Action:

It is recommended City Council take public input, close the public hearing and adopt the Resolution.

Discussion:

LMD 83-1 was formed on June 14, 1983, to maintain landscape improvements required as conditions of approval for various subdivisions included within the boundaries of LMD 83-1. A map showing LMD 83-1 's boundaries is included as Attachment B. Each subdivision and/or development listed below was required to annex into the LMD 83-1 as a condition of property development either through final map process or by Council Resolution .

LMD 83-1 Zone A includes the following residential developments:

TRACT PROJECT NAME
TTMs
TTM
TTM
TTM
1 of 6
3495, 4113, 4191, 89-15 and TPM 89-18
3503
3533
3461
Rancho Arbolitos
Adobe Ridge I and II
The Colonies
Casa Real, Unit 7
July 18, 2023, Item #8
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
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 the California Environmental Quality Act (CEQA).

Fiscal Impact:

LMD 83-1 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 83-1 Zone A assessment rate remains unchanged from the Fiscal Year 2022-23 rate of $118.48 per benefit unit per year. Revenue for LMD 83-1 Zone A is comprised of $164,806.00 from assessments, $5,620.00 in estimated interest earnings and $60,676.00 in General Fund contributions .

Fiscal Year 2023-24 LMD 83-1 Zone B assessment rate remains unchanged from the Fiscal Year 2022- 23 rate of $235.75 per benefit unit per year. Revenue for LMD 83-1 Zone Bis comprised of $23,226.00 from assessments, $2,085.00 in estimated interest earnings and $15,702.00 in General Fund contributions.

Fiscal Year 2023-24 LMD 83-1 Zone C assessment rate remains unchanged from the Fiscal Year 2022- 23 rate of $496.16 per benefit unit per year. Revenue for LMD 83-1 Zone C is comprised of $12,900.00 from assessments, $2,970 in estimated interest earnings and $3,267.00 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.

Attachments:

A. Resolution
B. LMD 83-1 Map
Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
3 of 6
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

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-

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
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6 of6
Poway Rd

ATTACHMENT B
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Poway Rd
July 18, 2023, Item #8
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REP ORT City of Poway

CITY COUNCIL
July 18, 2023
Honorable Mayor and Members of the City C~~ I
Eric Heidemann, Director of Public Works V "
Will Wiley, Assistant Director of Public Works for Maintenance Operations .A\("., (858) 668-4705 or [email protected] 'Y
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
On June 6, 2023, City Council adopted Resolution No. 23-023 declaring intention to levy and collect assessments within Landscape Maintenance District 86-1 (LMD 86-1) and set the public hearing for July 18, 2023. City Council is to consider approval of a resolution (Attachment A) authorizing the levy and collection of assessments for each affected parcel within LMD 86-1 for Fiscal Year 2023-24. Fiscal Year 2023-24 assessment rate for LMD 86-1 Zone A is proposed to remain at the Fiscal Year 2022-23 rate of $243.04 per benefit unit per year. Landscape maintenance service level for Zone A will remain at level B and may be subject to adjustments depending on frequency and magnitude of unplanned events. Within Zone A, the Green Valley Estates Homeowners Association currently has an agreement with the City to maintain rights-of-way bordering development along Lake Poway Road. Additionally, one non-residential parcel (which makes up Zone B with current service level A), also has an agreement with the City to maintain landscape improvements along the corner of Espola Road and Twin Peaks Road. As such, these parcels will not be levied.

Recommended Action:

It is recommended City Council take public input, close the public hearing and adopt the Resolution.

Discussion: -
LMD 86-1 was formed on June 12, 1986, to maintain landscape improvements required as conditions of approval for various subdivisions included within the boundaries of LMD 86-1. A map showing LMD 86-1 's boundaries is included as Attachment B. Each subdivision and/or development listed below was required to annex into LMD 86-1 as a condition of property development either through the final map process or by Council Resolution.
1 of 6
July 18, 2023, Item #9
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, Unit 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 perform ing 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-

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
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County of
San Diego
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6 of 6 ATTACHMENT B July 18, 2023, Item #9
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
July 18, 2023
Honorable Mayor and Members of the City C_?~ il
Eric Heidemann, Director of Public Works q "

CITY COUNCIL
Will Wiley, Assistant Director of Public Works for Maintenance Operations A .,.. (858) 668-4705 or [email protected] 1/ r
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
On June 6, 2023, City Council adopted Resolution No. 23-024 declaring intention to levy and collect assessments within Landscape Maintenance District 86-2 (LMD 86-2) and set the public hearing for July 18, 2023. City Council is to consider approval of a resolution (Attachment A) authoriz ing the levy and collection of assessments for each affected parcel within LMD 86-2 for Fiscal Year 2023-24. Fiscal Year 2023-24 assessment rate for LMD 86-2 Zone A is proposed to remain unchanged at the Fiscal Year 2022-23 rate of $186.16 per benefit unit per year. Fiscal Year 2023-24 assessment rate for LMD 86-2 Zone Bis proposed to increase from the Fiscal Year 2021-2022 assessment rate by 7.71 percent to $363.58 per benefit unit per year, based on the annual change in the San Diego-Carlsbad Consumer Price Index for All Urban Consumers (CPI). Landscape maintenance service levels for Zone A and Zone B will remain at level C and A, respectively, and may be subject to adjustments depending on the frequency and magnitude of unplanned events.

Recommended Action:

It is recommended City Council take public input, close the public hearing and adopt the Resolution.

Discussion:

LMD 86-2 was formed on May 20, 1986, to maintain landscape improvements of various subdivisions or developments included within the boundaries of LMD 86-2. A map showing LMD 86-2's boundaries is included as Attachment B. Each subdivision and/or development listed below was required to annex into LMD 86-2 as a condition of property development either through the final map process or by Council Resolution.
1 of 6
July 18, 2023, Item #10
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
LMD 86-2 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 86-2 Zone B assessment rate will increase from the Fiscal Year 2022-23 rate of $337.56 to $363.58 per benefit unit per year. Revenue for LMD 86-2 Zone B is comprised of $61,081.00 from assessments, $2,522.00 in estimated interest earnings and $3,565.00 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 86-2 Map
Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
3 of6
Reviewed By:

Alan Fenstermacher
City Attorney City Manager
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-

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
Twin Peaks Rd
•
City of Poway
Garden Rd
6 of 6 ATTACHMENT B
... . IJ' -·,------- -1
County of
San Diego
July 18, 2023, Item #10
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway

CITY COUNCIL
July 18, 2023
Honorable Mayor and Members of the City C ~ ~
Eric Heidemann, Director of Public Works ft""-' £'
Will Wiley, Assistant Director of Public Works for Maintenance Operations / ~ (858) 668-4705 or [email protected] Y
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
On June 6, 2023, City Council adopted Resolution No. 23-025 declaring the intention to levy and collect assessments within Landscape Maintenance District 86-3 (LMD 86-3) and set the public hearing for July 18, 2023. City Council is to consider approval of a resolution (Attachment A) authorizing the levy and collection of assessments for each affected parcel within LMD 86-3 for Fiscal Year 2023-24. Fiscal Year 2023-24 assessment rate for LMD 86-3 Zone A is proposed to remain unchanged at the Fiscal Year 2022-23 rate of $163.00 per benefit unit per year. Fiscal Year 2022-23 assessment rate for LMD 86-3 Zone Bis proposed to increase from the Fiscal Year 2022-23 assessment rate by 7.71 percent to $86.62 per benefit unit per year, based on the annual change in the San Diego-Carlsbad Consumer Price Index for All Urban Consumers (CPI). Landscape maintenance service levels for Zone A and Zone B will remain at level C and A, respectively, and may be subject to adjustments depending on frequency and magnitude of unplanned events.

Recommended Action:

It is recommended City Council take public input, close the public hearing and adopt the Resolution.

Discussion:

LMD 86-3 was formed on May 20, 1986, to maintain landscape improvements required as conditions of approval for the various subdivisions or developments included within the boundaries of LMD 86-

3. A map showing LMD 86-3's boundar ies is included as Attachment B. Each subdivision and/or development listed below was required to annex into LMD 86-3 as a condition of property development either through the final map process or by Council Resolution.

REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
1 of 6
July 18, 2023, Item #11
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-

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
City of
San Diego
City of
San Diego
6 of6
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Scripps Poway PkY
Metate Ln
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Poway Rd
City of Poway

ATTACHMENT B
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3 Scripps Poway Pky
July 18, 2023, Item #11
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway

CITY COUNCIL
July 18, 2023
Honorable Mayor and Members of the City C~ ~el
Eric Heidemann, Director of Public Works ~
Will Wiley, Assistant Director of Public Works for Maintenance Operations A/ (858) 668-4705 or [email protected] / 'f'
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
On June 6, 2023, City Council adopted Resolution No. 23-026 declaring intention to levy and collect assessments within Landscape Maintenance District 87-1 (LMD 87-1) and set the public hearing for July 18, 2023. City Council is to consider approval of a resolution (Attachment A) authorizing the levy and collection of assessments for each affected parcel within LMD 87-1 for Fiscal Year 2023-24. Fiscal Year 2023-24 assessment rate for LMD 87-1 is proposed to remain unchanged at the Fiscal Year 2022- 23 rate of $210.68 per benefit unit per year. Landscape maintenance service levels for LMD 87-1 will remain at level C and may be subject to adjustments depending on frequency and magnitude of unplanned events.

Recommended Action:

It is recommended City Council take public input, close the public hearing and adopt the Resolution.

I
Discussion:

LMD 87-1 was formed on January 27, 1987, to maintain landscape improvements installed in conjunction with new subdivisions within the boundaries of LMD 87-1. A map showing LMD 87-1's boundar ies is included as Attachment B. Each subdivision and/or development listed below was required to annex into LMD 87-1 as a condition of property development either through the final map process or by Council Resolution.

LMD 87-1 includes the following residential developments:

TRACT PROJECT NAME
TTM
TTM
TPM
TTM
1 of 6
88-04R
97-03
98-07
98-07
Rolling Hills Estates I and
II
Valencia
Kimball
Aviano/Bothwell
July 18, 2023, Item #12
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
Attachments:

A. Resolution
B. LMD 87-1 Map
Reviewed/ Approved By:

Wendy Kaserman
Assistant City Manager
3 of6
Reviewed By:

Alan Fenstermacher
City Attorney City Manager
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-

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
6 of6
City of
San Diego
Scripps Poway Pky
Stowe Dr
City of Poway

ATTACHMENT B
July 18, 2023, Item #12
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway

CITY COUNCIL
July 18, 2023
Honorable Mayor and Members of the City C ~ ~
Eric Heidemann, Director of Public Works r I
Will Wiley, Assistant Director of Public Works for Maintenance Operations .f (858) 668-4705 or [email protected]
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
On June 6, 2023, City Council adopted Resolution No. 23-027 declaring intention to levy and collect assessments within Landscape Maintenance District 19-1 (LMD 19-1) and set public hearing for July 18, 2023. City Council is to consider approval of a resolution (Attachment A) authorizing the levy and collection of assessments for each affected parcel within LMD 19-1 for Fiscal Year 2023-24. Fiscal Year 2023-24 assessment rate is proposed to increase from Fiscal Year 2022-23's assessment rate by 3.0 (3%) percent, to $925.77 per benefit unit per year, based on a voter-approved inflater cap on annual change in the San Diego-Carlsbad Consumer Price Index for All Urban Consumers (CPI). Landscape maintenance service level will remain at level A and may be subject to adjustments depending on frequency and magnitude of unplanned events.

Recommended Action:

It is recommended City Council take public input, close the public hearing and adopt the Resolution.

Discussion:

LMD 19-1 was formed on May 21, 2019, after a ballot measure was proposed and passed, to reorganize Landscape Maintenance District 87-1 (LMD 87-1) by detaching 327 commercial properties and forming a new landscape maintenance district (LMD 19-1 ). Existing residential development areas within LMD 87-1 remained as LMD 87-1. A map showing LMD 19-1's boundaries is included as Attachment B.

LMD 19-1 includes the following non-residential (commercial) developments:

TRACT PROJECT NAME
TTM
TTM
1 of 6
85-04
86-02R
Pomerado Business Park I and II
Tech Business Center
July 18, 2023, Item #13
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-

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
Metate Ln ·
6 of 6
'° ex:
c ·c
::,
E
E a u
City of Poway
City of
San Diego

ATTACHMENT B
Garden Rd
July 18, 2023, Item #13
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway

CITY COUNCIL
July 18, 2023
Honorable Mayor and Members of the City c~, ,91
Eric Heidemann, Director of Public Works V,'
Will Wiley, Assistant Director of Public Works for Maintenance Operation ~ .;r" (858) 668-4705 or [email protected] ~./
Resolution Establishing Assessments for Poway Lighting District to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2023-24 On June 6, 2023, City Council adopted Resolution No. 23-028 declaring intention to levy and collect assessments within the Poway Lighting District (District) and set the public hearing for July 18, 2023.

City Council is to consider the approval of a resolution (Attachment A) authorizing the levy and collection of assessments for each affected parcel within the District for Fiscal Year 2023-24. Fiscal Year 2023-24 assessment rates for District's Zone A, Zone B and Zone C are proposed to remain unchanged at the Fiscal Year 2022-23 rates of $15.00, $3.75 and $13.58 per benefit unit per year, respectively.

Recommended Action:

It is recommended City Council take public input, close the public hearing and adopt the Resolution.

Discussion:

The District was formed by the City Council on May 12, 1986. There are 16,282 parcels in the City of Poway. The District currently assesses 14,782 of these parcels. The benefit units derived from these assessable parcels total 22,224 for Zone A, 3,955 for Zone Band 26,070 for Zone C.

Zone A parcels have street lighting within their immediate vicinity and share equitably in benefit from major arterial street lighting. Zone A assessments are based on $15.00 per benefit unit per year for improved parcels and $7.50 per benefit unit per year for vacant, buildable parcels.

Zone B parcels do not have benefit of immediate street lighting but share equitably in benefit from major arterial street lighting. Zone B assessments are based on $3.75 per benefit unit per year for improved parcels. Because the San Diego County Assessor (County) lists funds in even amounts on county tax statements, the benefit unit assessment will be $3.75. Vacant parcels are proposed to be assessed at a partial rate of $1.88 (50 percent of $3. 75) per benefit unit. 1 of 5
July 18, 2023, Item #14
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-

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
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
July 18, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services ~
Tracy Beach, City Engineer
(858) 668-4652 or [email protected]

CITY COUNCIL
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).

Poway Municipal Code (PMC) Section 16.16.110 requires the City Council adopt an Ordinance to relinquish an existing trail easement . The owners of a developed parcel on Old Winery Way (Assessor Parcel Number (APN) 273-102-01-00) are requesting to vacate the existing trail easement on their property and replace it with an equal amount of easement dedication from their parcel so there is no net loss in trail easement area on the parcel as required by the PMC.

Recommended Action:

It is recommended the City Council hold the first reading of the proposed Ordinance (Attachment A) 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.

Discussion:

The applicants, John and Lynnette Kooker, own the subject parcel located at 17702 Old Winery Way, shown in Attachment B. The existing trail easement on their property is located along the rear edge of their property, adjacent to Valle Verde Road, and is a small portion of a longer trail known as the West Ridge Trail. The existing trail easement alignment for this property is the result of dedications on two subdivision maps. The trail easement across the rear of the Kooker Residence parcel slightly bends further into their property, bifurcating an existing citrus orchard. The trail also traverses a one­ hundred-foot-wide pipeline easement for the San Diego County Water Authority (SDCWA). As can be seen on aerial imagery (Attachment C), most of the pedestrian and equestrian use has veered around the orchard, instead of through the orchard where the actual trail easement is located. The Kookers, 1 of 9
July 18, 2023, Item #15
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.

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, 10:40 AM
I
City of Poway GIS
Attachment B - Vicinity Map
Mira Loma Ct
o\d Wine ry Rd
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.
5 of9
https://powaygis.poway.orglwebsiteslPowGISI

ATTACHMENT B
Map Scale
1 inch = 282 feet
6/26/2023
111
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.
1 0 -~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
FILE NO. 2004-0135328
FILED FEB 20, 2004
AS ROS 1815

EXISTING TRAIL EASEMENT

EXHIBIT B
N44'35'33"W

CL WINEMASTER WAY
28' R/W _ _..__ _ 136...:,.34' -<t -.
y ROAD \ 3t. R/W N5TOO'OO"E 1
N5TOO'OO"
191.80' \ R/W/ ·-

2.39'~
N00'01'51"E \
CURVE
C1
C2
C3
MAP 12761
LOT 28
\

CURVE TABLE

LENGTH RADIUS
221.37 450.00

31.42 20.00

51.65 420.00

DIMENSIONS SHOWN ARE RECORD
PER MAP 12761, OR AS NOTED
SCALE: 1" = 50'
50 DELTA
28"11'08"
go·oo·oo"
T02'48"
I
\

91.25' r0
0 0
30'
R/W
N m
I
!'v I
(X)
(X)
I
8 of 9 ATTACHMENT E
July 18, 2023, Item #15
FILE NO. 2004-0135328
FILED FEB 20, 2 004
AS ROS 1815

PROPOSED TRAIL EASEMENT

EXHIBIT B
N44"35'33"W

CL WINEMASTER WAY
28' R/W
N5TOO'OO" _..__ _____ R/W
191.80' \ ' / ·-
- 13€L._34' -i1-· y ROAD \ 3t, R/W N5TOO'OO"E
N5TOO'OO"E

2.39'~
N00'01 '51 "E \
MAP 12761
LOT 28
MAP 12761
LOT 27
\

CURVE TABLE
\

CURVE LENGTH RADIUS
C1 221.37 450.00
C2 31.42 20.00
C3 51 .65 420 .00

DIMENSIONS SHOWN ARE RECORD
PER MAP 12761, OR AS NOTED
.02'

14.04'
DELTA
28'11 '08"
go·oo·oo"
7'02'48"
't,.I z
l~~z ::: ~
\ EQUESlRIAN~~~~ ~ !
EASEMENT i'r\°'•
DEDICAlED /" ➔ =E
~~EiN~TO /'ti
POWAY .~ . .__ <: 14!,__~ ~ /"'i~ =E \
h1~!
No2·35•53"E\ r Ol

13.13' I
'
0 (N

9.90'
SCALE: 1" = 50'
N19'58'21"W ii'2.,90' LOT 78
'- MAP 9771
30'
R W
z < t! r"1
d ::::o q1 CJ
0 r"1 q
-:i. ::::0
0 )>
CJ
I
__ I TO~AR ENGINEERING 15910 CUMBERLAND DR POWAY, CA 92064 1 00 CIVIL ENGINEERING / SURVEY PH (858) 486-7210 E-mall : toborengOcox.net 0 50 9 of 9 ATTACHMENT F
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
[email protected]
Alan Fenstermacher, City Attorney
[email protected]
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/webappv iewer/index.html?id=d424f39dd4384452ae823 85754ac0d11 For City Clerk's Use Only:

Name: Peter A. Babich
Yes
Registered Voter in District 2
□ No
Home Addr ess:

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 Numb er
Please feel free to attach any additional information which may be of use to the City Council for determination of appointment.

Employment Informat ion
Organization: US Navy
Address:

Multiple locations
Dates: 1963 - 1970
Responsibilit ies: Electroni c 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 appo inted 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 t his appo intment.

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

I HAVE SUFFICIENT TIME TO DEVOTE TO THIS RESPONSIBILITY AND WILL ATTEND THE REQUIRED MEETING(S) IF I AM APPOINTED. I AM ALSO AWARE THAT THIS APPLICATION IS A PUBLIC DOCUMENT. IF APPOINTED, I WILL FILE THE NECESSARY DISCLOSURE DOCUMENTS AS REQUIRED UNDER THE POLITICAL REFORM ACT. APPLICATIONS MUST BE A SIGNED ORIGINAL. ELECTRONIC VERSIONS WILL NOT BE ACCEPTED.

SIGNATURE: DATE: 6/28/2023

THE UNDERSIGNED HEREBY SOLEMNLY SWEARS TO NOT RUN FOR ELECTION FOR POWAY CITY COUNCIL IN NOVEMBER 2024 IF APPOINTED TO THE CURRENTLY VACANT POWAY CITY COUNCIL SEAT.

SIGNATURE: DATE: 6/28/2023
--------
Please return by 5:00 PM, Friday, June 30, 2023
City Clerk's Office, City Hall, 13325 Civic Center Drive, Poway, CA 92064 (858) 668-4530
5 of 62
July 18, 2023, Item #16
Applica tion for Appointment to Fill District 2 vcRYED
POWAY CI1Y COUNCIL JUN 30 2023
DEADLINE DATE: FRIDAY, JUNE 30, 2023 AT 5:00 PM
Canuidates must be 18 years of age, reside within t11e limits of District 2 i11 G\lor10fimwAY and be registered to vote in District 2. The inte ractive dist rict map is ~ ,~QFACE W~Pliil~ at:
https://poway .maps .arcgis.c)Om/apps/webappv iewer/ inclex.html?id=d424f39dd438445?,aeB?,3 85754ac0d11 For Clly Clerk's Use Only:

Name: Carl Browning
Ve1
Registered Voter In Dlst,ict 2
0No
Street City Zip Code
Appl!cant must reside within District 2 (see above)
Number of Years a District 2 Resident: 31
Home Phone: Work:

Area Code Number AreaCode Number
Please feel free to attach any addit ional information which may be of use to the City Council for determinat ion of appointm ent.

Employmen t Informat ion
Organization: Qualcomm
Address:
5775 Morehouse Drive, San Diego, 92121
D t 2007 - 2018 a es:

Resoonsibilities: Sr. Staff Engineer primarily support ing computing and emulation systems. My team and I developed tools and methods of measuring and optimizing utilization of these critical resources.

Organization: Brooktree I Rockwell / Conexant
Address:
9868 Scranton Road, San Diego, CA 92121
Dates: 1991 - 2007
Responsibilities: Group Leader/ Staff Engineer developing code for semiconductor test operations and compute resources for design engineering. Led a team spread across the USA, India, and China.

Organization: Analog Devices
Address:

One Analog Way, Wilmington, MA 01887
D 1982 - 1991 ates: __________ _ ____ _
Responsibilities: Design Engineer, developing electronic subsystems for high speed, precision semiconductor test systems. I was granted a patent for one such_ design.
6 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

I HAVE SUFFICIENT TIME TO DEVOTE TO THIS RESPONSIBILITY AND WILL ATTEND THE REQUIRED MEETING(S) IF I AM APPOINTED. I AM ALSO AWARE TH.A.T THIS APPLICATION IS A PUBLIC DOCUMENT. IF APPOINTED, I WILL FILE THE NECESSARY DISCLOSURE DOCUMENTS AS REQUIRED UNDER THE POLITICAL REFORM ACT. APPLICATIONS MUST BE A SIGNED ORIGINAL. ELECTRONIC VERSIONS Will NOT BE ACCEPTED.

SIGNATURE:

THE UNDERSIGNED HEREBY SOLEMNLY SWEARS TO NOT RUN FOR ELECTION FOR POWAY CITY COUNCIL IN NOVEMBER 2024 IF .6.PPOINTED TO THE CURRENTLY VACANT POWAY CITY COUNCIL SEAT.

SIGNATURE:

Please return byS :00 PM, Frid?y , June 3J, 2023
Cii.>J Clerk's Office, City Hall, 1:,325 Civic Center Drl v,~, Poway , CJ1i92064 (358) 668-4530
8 of 62
July 18, 2023, Item #16
Application for Appointment to Fill District2VacancyRECEIVED POWAY CITY COUNCIL JUN 2 2 2023
DEADLINE DATE! FRIDAY, JUNE 30, 2023 AT 5:00 PM
Candidates must be 18 years of age, reside within the limits of District 2 in the City o1Citb""w&~ F POWA. Y and be registered to vote in District 2. The interactive district map is avai lable o(Uili't~laERK'S OFFICE website at:
https ://poway .maps .arcgis .com/apps/webappviewer/index .html? id=d424f39dd4384452ae823 85754ac0d11 For City Clet1<'s Use Only:

Name: Anita Edmondson
Yes
Registered Voter in Di.strict 2
ONo
Home Address:

Street City Zip Code
Applicant must reside within District 2 (see above)
Number of Years a Dist rict 2 Resident: 24
Home Phone: Work : Cell:

Area Code Number Area Code Number Area Code Number
Please feel free to attach any additional information wh ich may be of use to the City Cou ncil for dete r mination of appointme nt.

Employment Information
Organization: Self-Employed
Address:

Marketing-Communications Dates: _1_9_9_7_-p_r_e_s_e_nt ________ _ Resoonsibilities: Marketing-communications professional specializing in copywriting, content development, graphic design, and mar-comm strategies. Crea1ing and implementing a broad range of creative, high-value, effective mar-comm solutions for B2B and B2C businesses of all sizes and industries.

Organizatio n : Best Vers ion Media/Poway Living (contract employee) Address:

Content Coordinator Dates: 2020-present
Resoonsibilities: Write, edit and procure inspiring and informative local content for "Poway Living" magazine, a boutique monthly publication tor -3,500 residents In northern neighborhoods of Poway, CA. Each month features spotlights on local residents, nonprorn organizations, area sports teams and athletes, businesses, community events, resident achievements, and more.

Organization: Art Corps
Address:

Director/Wor kshop Leader Oates: 2007-present
Resoons ibilities: San Diego-based program that teaches students the fundamentals of art, from grades UTK-sth. I provide on-site art woricshop instruction to parent volunteers at Poway Unified and San Diego Unified schools to prepare them to teach the lessons directly in the classroom. As a director, I also provide program adminis1ration and support to participating schools. 9 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 ortrain ing 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 , intere sts, 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
Mainta in 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 info rmational 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, Board Member Girl Scouts of America, Troop Leaqer
11 of 62
July 18, 2023, Item #16
I HAVE SUFFICIENT TIME TO DEVOTE TO THIS RESPONSIBILITY AND Wil l ATTEND THE REQUIRED MEETING{S) IF I AM APPOINTED. I AM ALSO AWARE THAT THIS APPLICATION IS A PUBLIC DOCUMENT. IF APPOINTED, I Will FILE THE NECESSARY DISCLOSURE DOCUMENTS AS REQUIRED UNDER THE POLITICAL REFORM ACT. APPLICATIONS MUST BE A SIGNED ORIGINAL. ELECTRONIC VERSIONS WILL NOT BE ACCEPTED.

SIGNATURE ATE: 6-22-2023

THE UNDERSIGNED HEREBY SOLEMNLY SWEARS TO NOT RUN FOR ELECTION FOR POWAY CITY COUNCIL IN NOVEMBER 2024 IF APPOINTED TO THE CURRENTLY VACANT POWAY CITY COUNCIL SEAT.

SIGNATURE: DATE: 6-22-2023
Please return by 5:00 PM, Friday, June 30, 2023
City Clerk's Office , City Hall, 13325 Civic Center Drive , Poway, CA92064 (858) 668-4530
12 of 62
July 18, 2023, Item #16
Application for Appointment to Fill District2Vacancy

POWAY CITY COU NCIL AECE(VEO
DEADLINE DATE: FRIDAY, JUNE 30, 2023 AT 5:00 Pl\dUN 3 0 2023 Candidates must be 18 years of age, reside wlthin the limits of District 2 in the City of Poway, and be registered to vol In District 2 The 1nteraclive district map is ;1va1late rpylt:!YF"P'OWAY website c1t. CITY CLERK'8 nFFlCE
https://poway.maps.arcqis.com/apps/webappviewer/index.html?id=d424f39dd4:384452ae"'8Z3 85754ac0d11
Name: Matthew Ficco, CPA
For City Clerk's Use O";!/
Ill) Yes
Registered Voter in District 2
0 No
Home Address:

Street City Zip Code
Applicant must res ide within District 2 (see abovel
Number of Years a District 2 Resident: 4 years
Home Phone: Work: Cell:

Area Code Area Code Number
Please feel free to attach any additional information which may be of use to the City Council for determination of appointment.

Organization:

Address:

Employment Information
California Coast Credit Union
9201 Spectrum Center Blvd, San Diego, CA 92123
Dates: 9/201 9-present
Resoonsibilities: Cheif Financial Officer, I am a member of the senior executive leaders hip team responsible for the overal governance, financial, and strategic leadership of a $3 .5 billion community organization serving over 200,000 members of San Diego and Riverside counties Organization: Cabrillo Credit Union
Address:
10075 Carroll Canyon Road, San Diego, CA 92131
Dates: 2/2018 - 9/201 9
Resoonsibilities: Chief Financial Officer, was a member of the senior executive leadership team resposnsible for goverance, financia l, and strategic leadership of a $350M community organization serving over 25,000 members across San Diego County
Organization: Red Sea Housing
Address:

Dubai, United Arab Emirates
Dates: 201 4-2018
Resoonsibilities: Director of Corporate Development and Mergers & Acquisitions respos ible for leading the inorgranic growth and expansion of a multi-continental US government contracting services organziation
13 of 62
July 18, 2023, Item #16
Education/ Training / Certifi cation :
-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, Nationa l 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 -Ams terdan Instituted of Finance, studies on advanced corporate finance -Institute of Internal Auditors, studies In Interna l audit & compliance -American Managment Association, studies in advance financial analysis Please expl ain why you want to be appoint ed to 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-ma intained to serve generations to come.

I currently serve my communuty in the following roles: 1 )the Treasur er and Board member for the 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 Committ ee. 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 futur e 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 . Sincer ely, Matthew Ficco, CPA
Additi onal Informati on: Please provide any additional informat ion you wish coverin g your qualifications, interests, commu nity/ profession al organizations or training related to this appoint ment.

Some of this has been mentioned above but I can re-iterate -Financial professional with intense knowledge of budgets, investm ents, 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 (Treasur er), 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/underrepres ented 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
I HAVE SUFFICI_ENT Tll\'lE TO DEVOTE TO THIS RESPONSIBILITY AND WILL ATTEND THE REQUIRED MEETING($} IF I AM APPOINTED. I AM ALSO AWARE THAT THIS APPLICATION IS A PUBLIC DOCUM ENT. IF APPOINTED, I WILL FILE THE NECESSARY DISCLOSURE DOCUMENTS AS REQUIRED UNDER THE POLITICAL REFORM ACT. APPLICATIONS MUST BE A SIGNED ORIGINAL. ELECTRONIC VERSIONS WILL NOT BE ACCEPTED.

SIGNATURE: DATE: 6/30/2023

THE UNDERSIGNED HEREBY SOLEMNLY SWEARS TO NOT RUN FOR ELECTION FOR POWAY CITY COUNCIL IN NOVEMBER 2024 IF APPOINTED TO THE CURRENTLY VACANT POWAY CITY COUNCIL SEAT.

SIGNATURE: DATE: 6/30/2023
Please return by 5:00 PM, Friday , June 30, 2023
City Clerk's Office, City Hall, 13325 Civic Center Drive, Poway, CA92064 (858} 668-4530
15 of 62
July 18, 2023, Item #16
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July 18, 2023, Item #16
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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/co ntenVrov/en/voter-info-lookup.html 2/2 17 of 62
July 18, 2023, Item #16
Mobile
Poway, California, USA
Profess iona l Expe r ience
Sep 20 19 - Ca lifornia Coast Cred it Unio n SAN DIEGO, CA Present Chief Fi11a11 cial Ofjicer (member of executive 11u111ageme11t tea111) Ap r 2018 -
Sep 2019
Dec 20 14 -
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 coun ty). I have overa ll leaders hip of the financial manageme nt and stewardsh ip of the credit union and its membe rs' asset s. As the top financial leader, my core strategies are:
• Lead-for-develo pment an organization of30 + financial professionals of vary ing levels and backgrounds; • Collaborate with executive peers for the deve lopmen t and execu tion of short- and long-term strategies; • Safely navigate the credit union through the deman ding 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 oversig ht of the credit union ;
• Guide and mentor the future leaders of the credit union to carry on the legacy being created today.

Cab r illo Credit Unio n SAN DIEGO, CA
Chief Fimmcial Officer (111e111ber of executive 111mu1ge111e11t team) Cabr illo is a San Diego-based credit union with $350MM in assets and 25,000 members. Successfu lly executed two years ofan ambitious growth plan aiming for $500MM in assets by 2022. With overa ll owners hip 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 $2.4 MM in less than 12 months. Addit ional development and growth were achieve d under my leade rship as follows:
• Reorganized and recruited the Finance team into distinct functio ns of FP&A, Treasury & Investments, Financia l Acco unting, Operat ional Accoun ting, & Tax given clear responsibilities and roles and developing cross-trai ning and succession planning/growth opportunities for eme rging 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 Comp lete redesign and restructu re of fixed income investment portfo lio towards US Gov't Agencies, CMOs, & MB Ss;
• Developed a robust yet clear, concise, and easy to understand monthly Board report ing package (none existed previous ly; it drew huge praise from the Board members as they felt they finally cou ld 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 gene ral ledger to accurate ly reflect the business and operations; • Led the collections and recoveries efforts and team ; • Main point of contact for regulatory exams from Californ ia Department of Business Oversight (state) and the NCUA (federal) as well as the annual external financial audit and asset-liability analysis; • Active ly e ngaged in the credit union professiona l networking scene; regularly attend trainings, seminars, confere nces, luncheons, etc to stay abreas t the environment; • Spearheade d the implementation of a credit union intemship program to assist young , college professionals looking to ge t a jump on the ir caree rs;
• Started the San Diego CFO Breakfast Club ; a monthly gathering of loca l 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 seve ral geog raphies. 1 developed the Corpo rate Development function from scratch and led the group 's overall Corporate Deve lopmen t initiatives. Demonstrated leadership achievemen ts cons ist 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 fluid flow of the required financial infonnation and resources.

We were continuously striving to improve 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 t he 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, g uided, and enabled 30+ strong finance, IT, HR, and administrative professionals geographical dispersed around 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 stakehol ders with their value-creating/enhanc ing objectives. As such, I led seve ral buy-s ide and sell-side corpora te finance/M&A advisory initiatives both for the Bank and its clients. Main responsibilities consisted of:
• Set up private equity funds: legal structur ing, documentation drafting, capital raising/fund marketing , team recruiting;
• Business developme nt: outwardly and proac tively source deals, both private equity and corporate finance; • Managed workflow of six investment professiona ls: ensure adequate staffing and skills sets tasked to each mandate; • Developed strategy and implementation plan and "way forward" for the platfom1 with senior execu tives; • Maintained rela tionships with investors and clients: main point-of-contact for key clients and deals; • Ensured deals were driven to the finish line: cradle-to-g rave responsibility .

ABU DHAB l I NVEST MENT COUNC IL ABU DHABI, UAE
Private Equity Associate - Direct J1111e~'fme11ts Department Member of a seven- person private equity investment team responsible for investing an allocatio n of the Abu Dhabi gove rnment's surplus revenues . The team focused on the MENA region plus Turkey and maintained an opportunistic approach to sectors . R esponsible for all aspec ts of the investment management process: deal origination, screening, due diligence, valuation, structu ring, portfolio managem ent, 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 approximate ly US$50MM - $1,000MM in revenue and US$10MM- $200MM in EBITDA. Main respons ibilities consisted of:
• Pro-actively and outwardly source, qualify , and screen potentia l investment targets; • Interview various intem1ediaries: investment bankers , accountants , lawyers, consu ltants, etc. to screen non-solici ted 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 othe r facilities of investment targets to further understand the operations; • Develop complex operational, financial, and valuation models; • Perform in-depth research of investment targets' industries , com petitors, custome rs, vendors, etc. as part of economic and commercial due diligence;
• Perform in-depth research and analysis of historical account ing results as part of financia l due diligence; • Prepare investment- thesis write-ups in order to present investment opportunities to the Investment Committee; • Coordina te all transactional activities, which include fmancial and account ing due diligence; legal due diligence; development of asset purchase agreements and operating agreements; development of creditor and inter-creditor agreemen ts; sou rcing and installing new management (if necessary); and integration of acquisition into portfolio; • Continue monitoring, guiding, and measuring portfolio companies; • Coordi nate and exec ute investment exit strategies in order to maximize return s.

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.

Coord inated all aspects of the investment management process from deal origination to closing , portfolio mana gement, 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 cont rol-position equity investments between US$ 1MM - $3MM in businesses with approximately US$10MM - $ 50MM in revenue and US$3MM - $5MM in EBITDA. Main responsib ilities consisted of:
• Strategically mark eted the finn and investment team for business development purposes; • Active ly 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; • Deve loped complex leveraged buyout models (LBO mode ls) and discou nted cash flow models (DCF models); • Perfom1ed in-depth research of investmen t targets' industries, competi tors, customers, vendors, etc. as part of economic and commercia l due diligence;
• Perfom1ed in-depth research and analys is of historical accounting results as part of financia l due diligence; • Authored Investment Memoranda (!Ms) for the purpose of attracting equ ity 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
• Coo rdi nated all transactional act ivities , which included financial and accounting due diligence; legal due diligence; development of asset purchase agreements and ope rating agreements ; deve lopme nt of creditor and inter-creditor ag reements; sou rcing and ins la I ling new management (if necessary) ; and integration of acq uisition into portfo lio; • Continued monitoring , guiding, and measu ring portfolio companies; • Board of Directo rs participation and involvement;
• Coor dinated and execut ed investment exit strategies in order to maxim ize returns .

UNITED TECHNOLOGIES CORPORATION
Senior Financial Analy st - Global Finance

ATLANTA, GA
Promo ted from within the organizat ion to a new ly c reated p os ilion within the Global Finance depa rtment; reported directly to the Chief Financial Officer. This role requ ired exte nsive intemational trave l and expos ure to our globa l divisio ns throughout EMEA, Sou th America , North America, and Asia. Responsibilities cons isted of; • Deve loped, measu red, and moni tored key financial metrics suc h as: orders , sales, EBIT, ROS, working cap ital tumover , asset utilization, cas h convers ion cycle, & cash funding needs; • Ana lyzed and reported performance metrics of: inventory turnover, inventory quantities-on-hand, forecas ted sales volumes, and budget performance analyses to senior managers for the globa l supply chain gro up; • Managed multiple new product & asset acquisition projects , i.e. cash- flow modeling , DCF, NPV , IRR models; • Perfonned free cas h flow valuations & SWOT analyses for joint ventu re/acquis ition targets; • Presented mont hly results & analyses to senior managers; worked as business partner in the decision-mak ing process; • Led UTC' s continuous process improvement initiatives as a change-agen t & cross-func tional projec t team leader to improve intema l business processes;
• Built , facilitated, & coached educationa l training programs for company assoc iates & managers for proce ss improvemen t/reengineering in itiatives, i.e. process mapping, bottleneck analysis , project implemen tation, lean manufactur ing.

Se11ior Finan cial A11alyst - Nortl, America
High ly engaged role e ncompassing all aspec t of financia l m anagement for US$ I 00MM business unit (Onity) of US$50,000MM multinational co nglomerate (UTC ). Worked as the Director of Finance's righ t-hand confidan t for all aspec ts of the company's financial under takings . Responsibilities consisted of:
• Developed annua l budget for entire compa ny consisting of 25 separate revenue and cos t centers; • Forecas ted mon thly revenue , COGS, SG&A, and EB[T targets; • Perfonned journal entries and month-end close s;
• Prepared month ly profit & loss statements, balance sheets, cash flow statements, and retained ea rnings statements; • Submitted month ly financial resu lts to corporate headquar ters (UTC); • Authored mon thly management letter, which highlighted the business' perfom1ance and outlook for senior management;
• Performed monthly actual-to-budge t valiance analyses; • Maint ained relationshi ps with external banking entities for lines of cred it, lockbo xes, and other treasury functions; • Evaluated interna tiona l transactions and engaged in forward & futures con tracts to mitigate FX currenc y exposure; • Authored various company-wide policies and procedures.

BAE SYSTEMS, INCORPORATED SAN DIEGO, CA
Fi11a11cia/ A nalyst - Mission S(}/utio11s
Promoted from within the orga nizatio n to the Financia l Planning & Analysis group of a US$ l ,000MM sec tor. The sector consisted of three separate compa nies ranging from US$200MM - $500MM in annua l revenue eac h and comprised of approximately 12 indiv idua l lines of business. Report ed directly to the Manage r of Secto r Conso lidation and worked extensively with t he Vice Presi dent of Finance and the Director of Financ ial Planning. Responsibilities cons isted of:
• Fonnul ated annua l budg et and long-term value plan; • Ensured financ ial sa lients ofEBIT , ROS, ROI, CAGR, and net cash were met eac h month; • Consolidated and reported mon thly actual and forecasts for eac h line of business' budgeted target s; • Gene rated variance analyses of monthly actual results vers us the annua l budget of financia l salients; • Set up and maintained budget and forecasting system;
• Ass isted in GIL inputs and mainte nance;
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July 18, 2023, Item #16
Jan 2002 -
Dec 2002
Matthew Ficco CPA CGMA
Poway, Ca lifornia, USA
• Prepa red management's monthly financial sta tements, ope rating statist ics, and var iance analyses; • Managed cash conversion cycle including forecas ting and corporate reporting; • Assisted in forec asts of balance sheet, cash flow sta tement, and profit & loss accounts; • Admin istered Hyperion and Essbase - the budget and forecasting systems .

Fill{111cial Analyst - Geospatial E.,;p/oratio11 Group
Sp lit role between the revenue management team for the U$ 1,000MM sector and the financial analysis team for a U$50 MM individual line of business. Reported to the Manager of Revenue Manageme nt and the Manager of Finance .

Responsibili ties consisted of:
• Accurate ly recog nized and accrued reven ue according to US GAAP; • Ana lyzed customers' contracts to ensure comp liance with internal, government, and US GAAP regulations; • Produced mon thly management status reports of actual res ults versus b udge t; • Fo recas ted cash recei pts and facilitated collection; • Managed intra company sales and reven ue reporting;
• Prepared manage ment reports for sales, cash forecast, FX position , and AIR sta tus for mont hly business review; • Con tinuously improved processes through researc h of curre nt accepted business practices; • Authored various company-wi de Finance policies;
• Exte nsive work invo lving US GAAP and FASB e.g. SOP 97.2 -Software revenue recognition.

RESORT COMMUNICATIONS INTERNATIONAL, LLC SAN DIEGO, CA
Corporate Accou11tr111t
US$25 MM resort management finn . Worked directly for Vice President of Finance. Managed all aspects of the accou nting, cash management, and financia l repor ting for the resor t rental division. Responsibi lities included budge t and va riance analysis as well as the monthly preparation of financial stateme nts and sta tus reports for senior management. Assisted heav ily in the daily maintenance of the GIL. 22 of 62
July 18, 2023, Item #16
Education
2007
2002
2002
2002

GEORGIA ST A TE UNIVERSITY
Matthew Ficco, CPA, CGMA
........ -Mo bile
~ia, USA
Mast er of Science (MSc) - Corpora te Finance and Invest ments

3. 7 grade poin t ave rage
Golden Key Honor Socie ty
SAN DIEGO STATE UNlVERSITY
Bachelor of Arts and Science (BA) - Jnternatio nal Business and Finance Minors in Frenc h and Western European cultur e

3.4 grade point average
National Dean's List Honor Roll
EPSCI BUS[NESS SCHOOL
Study abroad program oflnterna 1io11al Business, Commerce, and Europea n business culture All courses in Frenc h

3.3 grade point average

UNIVERSITY OF QUEBEC
Study abroa d program of French and lntemational Business All co urses in Frenc h
Professional Training
2009 INSTCTUTE FOR INTERNATIONAL RESEARCH
Course in Advanced Fixed Income Valuation
2009
2006
2005
Professional

AMSTERDAM INSTITUTE OF FINANCE
Course in Advance Corporate Valuation

THE INSTITUTE OF INTERNAL AUDITORS
Course in Internal Audi t & Compliance

AMERICAN MANAGEMENT ASSOCIATION
Course in Advance d Financial Analysis
Designations Certified Public Accou ntant (CPA ) - California & Illinois, USA, licensed 2007 Chartered Global Management Acco untant (CGMA) - AIC PA & CI MA, licensed 2013 Level II candidate in the Chartered Financial Analyst (CF A) program; passe d level I Professional
AffiJia tions CF A Insziwte, www.cfainstitu te.org , member since 2009 Americcm Institute of Certified Public Accountants (A/CPA), www.aicpa .org, member since 2009 Golden Key International Honor Society, www .goldenkey.org . member since 2007 California Society of CPAs, www.calc pa.org, member since 2007 Institute of Internal Auditors, www.t heiia .org . member since 2005

ATLANTA, GA

SAN DIEGO, CA

PARIS, FR

MONTREAL, CA

ABU DHABI, UAE

ABU DHABI, UAE

TORONTO, CA

NEWYORK,NY
Computer s Adva nced M icrosof t Excel (VBA, Macros, Pivot Tab les, Data Modeling) , Access , Power Point, Word , FactSet, Bloombe rg, SPSS, Minitab, Orac le Financi als, PeopleSoft , Siebel CRM , Hyperion Planning, Report ing, & ESSBASE, H yperion Enterprise, Hyperion F inancia l Managemen t, Nav isio11, QuickBooks Pro, Peach tree Acctg Languages Nat ive Englis h speake r
Fluent in written and spoken Frenc h
Intennediate in spoke n and written Spanish, Italia n, and Portuguese 23 of 62
July 18, 2023, Item #16
Hobbies
Volunteer
I regu larly teach corporate finance , investments, and accoun ting courses at local univers ities Volunteer on non-profit , communi ty-focused boar ds of directors, advisory boa rds, and focus groups Outdoor enthus iast: offshore yach t racing, desert off-road ing/ove rlanding , camping , trave ling, hiking, climb ing, moun taineer ing, motorcycle riding
Discovered T r ax (ww, ,.di scovcre dtr.1x.con1), Fou11rler a111/ Adve11t11re Le(l(/er (2016 • prese11t) • Home grown , g loba l adventure club dedicated to help individuals and groups push their boundar ies and exp lore new routes in a safe, friend ly environment via a varie ty of outdoor advenru re sports Baja Offr oad Expeditio ns, Fozmrler and Atfve11ture Leader (2018 • presem) • Baja , Ca lifornia, Mexico-based offroad exp loration club ded icated to discovering all of the remote and unchartered moun tain desert terrain of the Baja Pe ninsula
American Alpine Club -San Diego Chapt er, Adviso1y Board & Leadersliip Team Member (2018- present) • Loca l San Diego chapter of the Amer ican Alpine Club dedicated to promoting the love mountains and climbi ng • Act ive leadership in the orga nization and management of chapter activities, events, and membership developme nt Adv entur e E ma rat , Fowzdillg Bo,mf Member & Se11io,· Atf1Je11t11re Lemle1· (2014 - present) • Dubai -based Adventure club founded in 20 14 with over 2,500 members today • Organize and lead a variety of outdoor adventure activities for large and small groups • Activities include rock climbing, hiking , high-altitude trekking, overl anding, canyoneering, camping , etc Dub ai Offroad er s, Bom·d Member, Treasurer & Se11ior Adve11t11re l eader (2015 - prese11t) • Dubai-based Offroad adventure club focused on overland offroading trips throughout the Middle East • Led mult i-week self-sustained trips covering thousands and thousan ds of unchartered desert and mountain terrain Dubai Offshor e Sailin g Club, Boartl Membe,· & Treasurer (2015 - 2016) • Dubai-based offshore yacht racing/sail ing club
• Served as the club's treasure r and Board member respons ible for a $5MM ann ual operating budget American Busin ess Coun cil of Du bai, Board Member, Vice President & Treasurer (2012 - 2014) • Dubai-bas ed professiona l b usiness council focused on cross-border business development aimed at crea ting business connec tions between the UAE and the USA
• Serviced as the Vice President of Finance and the Board Treasure r responsible for a $ I OMM annual operating budget
Honorar y Deput y Sheriffs' Associntion
• Board mem ber and Treas urer
T he Bum Institut e of San Diego and Imp erial Countie s • Board mem ber
San Diego C oun cil on Lit eracy
• Board member
Poway High School
• PTSA
• Schoo l Site Counci l
• Parent Oversight Com mittee
• Pare nt Safety Committc
24 of 62
July 18, 2023, Item #16
Application for Appointment to Fill District 2 Vaca ~ EIVEO POWAY CITY COUNCIL .

DEADLINE DATE: FRIDAY, JUNE 30, 2023 AT 5:00 PM JUN 2 9 2023 Candidates musl be 18 years of age, reside within lhe limits of Dislrict 2 In the ~i .w. powaY,,. and be registered to vote in District 2. The interactive district map is available o hfit~ POWAY website at: Cl CLE~K'S OFFICE
https://poway.maps.arcgis.com/apps/webappviewer/index.htm l?id=d424f39dd4384452ae823 85754ac0d11
Name: Marc Hennen
Registered Voter in District 2
0No
Home Address:

Street
Applicant must reside within District 2 (see above)
Number of Years a District 2 Resident: 15
Home Phone: Work: Cell:

Area Code Number
Please feel free to attach any additional informat ion which may be of use to the City Council for determination of appointment.

Organiz ation:

Address:

Employment Informat ion
SharMarc Financial Advisors, Inc
16855 W Bernardo Dr Ste 250
San Diego 92127 Dates: 1998-Present
Resoonsibilities: Owner/Partner of a Financial Planning/Investment Management Firm Organization: Equitable
701 B Street
Address:

San D iego 92101 Dates: 1997 -19 98
Resooos;blUUesreg istered Reprentative
Organization: Coleman College
Address:
7380 Parkway Drive
La Mesa 91941 Dates: 1988-1998
Resoonsibilities: Various position s starting with Student Financial Aid Officer. Ended postition as CFO for the non-profit school.
25 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

I HAVE SUFFICIENT TIME TO DEVOTE TO THIS RESPONSIBILITY AND WILL ATTEND THE REQUIRED MEETING(S) IF I AM APPOINTED. I AM ALSO AWARE THAT THIS APPLICATION IS A PUBLIC DOCUMENT. IF APPOINTED, I WILL FILE THE NECESSARY DISCLOSURE DOCUMENTS AS REQUIRED UNDER THE POLITICAL REFORM ACT. APPLICATIONS MUST BE A SIGNED ORIGI NAL. ELECTRONIC VERSIONS WILL NOT BE ACCEPTED.

SIGNATURE: DATE:

THE UNDERSIGNED HEREBY SOLEMNLY SWEARS TO NOT RUN FOR ELECTION FOR POWAY CITY COUNCIL IN NOVEMBER 2024 lF APPOINTED 10 THE CURRENTLY VACANT POWAY CITY COUNCIL SEAT.

SIGNATURE. DATE:

Please return by 5:00 PM, Friday, June 30, 2023
City Clerk's Office, City Hall, 13325 Civic Center Drive, Poway, CA92064 {858) 668-4530
27 of 62
July 18, 2023, Item #16
Application for Appointment to Fill District 2 Va~o,M ED POWAY CITY COUNCIL JUN 2 6 2023
DEADLINE DATE: FRIDAY, JUNE 30, 2023 AT 5:00 PM
Candidates must be 18 years of age, reside wit hin the limit s of District 2 in t\!:;IWJ'.<9F'Pm'V AY and be registered to vote in District 2. The interactive district map is avoff¥ 0tE:'R~iS''OFFICE website at:
https :/ /poway. maps. arcois. com/a pps/we ba ppviewer/in dex. html ?id=d424 f3 9dd4 3844 52ae823 85754ac0d11
For Clty Oerk'> U,e Only:

Robert B Polston
Yes
Registered Voter In District 2
0No Name:

Street City Zip Code
Applicant must reside within District 2 (see above)
Number of Years a District 2 Resident:
6 Home Phone: Work : Cell:

Area Code Number Area Code Number
Please feel free to attach any additional informatio n which may be of use to the City Council for determination of appointment .

Organization:

Address:

Resoonsibil ities:

Orga nizatio n:

Add ress:

Resoonsibilities:

Orga nizatio n:

Address;
Resoonsibili ties:

Employment Information
Please See Resume (attached)
Dat es: _______________ _
Dates: _______________ _
Dates: _______ ________ _
28 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

I HAVE SUFFICIENT TIME TO DEVOTE TO THIS RESPONSIBILITY AND WILL ATTEND THE REQUIRED MEETING(S) IF I AM APPOINTED. I AM ALSO AWARE THAT THIS APPLICATION IS A PUBLIC DOCUMENT. IF APPOINTED, I WILL FILE THE NECESSARY DISCLOSURE DOCUMENTS AS REQUIRED UNDER THE POLITICAL REFORM ACT. APPLICATIONS MUST BE A SIGNED ORIGINAL. ELECTRONIC VERSIONS WILL NOT BE ACCEPTED.

SIGNATURE: DATE:

THE UNDERSIGNED HEREBY SOLEMNLY SWEARS TO NOT RUN FOR ELECTION FOR POWAY CITY COUNCILIN NOVEMBER 2024 IF APPOINTED TO THE CURRENTLY VACANT POWAY CITY COUNCIL SEAT.

SIGNATURE: DATE: '2.. z_ ~ v,..J z...·~
Please return by 5:00 PM, Friday, June 30, 2023
City Clerk's Office, City Hall, 13325 Civic Center Drive, Poway, CA92064 (858)668-4530
30 of 62
July 18, 2023, Item #16
Mayor Vaus and Poway City Council Members-
I am writing to advocate for an appoint ment to Poway's District 2 Counc il 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 opportun ities for me and my fam ily. 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 Afghan istan. These experiences taught me a valuable lesson about servant leadership. True leaders know that servant leadership is the only way to lead. This foundationa l 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 financia l responsibility and an ability to think critically about any issue. These traits will allow me to immediately add value to any items brought for conside ration 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 recruiting leader for Northrop Grumman. I currently work as a Recruiting Director for Samsara, a hyper­ growth softwa re 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 value 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 counci l 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 council member in Poway's history.

Sincerely,
Rob Polston
31 of 62
July 18, 2023, Item #16

ROB POLSTON
Poway, CA 92064
Talent Acquisition Director
Recruiting executive with in-depth finance and analytics experience. Passion for building amazing recruiting teams that collaborate to source and recniit world-class talent on behalf of our business groups. B1ings a very stmctured data­ driven approach to recrniting which allows supported hiring groups to understand their talent acquisition strategy and progress to goals. Highly motivated to solve incredibly difficult business challenges and to celebrate these wins along the way.

Professional Expe rience

SAMSARA
Talent Acquisition Director - San Diego, CA (remote) 202 I -Present • Oversee all external hiring for the corporate recruiting team responsible for supporting the Marketing and G&A functions, helping to scale the growth of the company through the IPO process. • I n first year managing team: Increased application count by I 00%, reduced time to hire by 25%, and hired 229 external hires which was 102% of the goal.
• Led the development of HOOT (Hiring Our Outstanding Teammates) training which ensures all interviewers are certified via a 4-hour live training session focused on improving interviewer capability.

NORTHROP GRUMMAN CORPORATION
Talent Acquisition Director - San Diego, CA 2017 -2021
• Led a team of Talent Acquisition leaders and recmiters who hunt world-class engineering talent for the Aerospace Sector of Northrop Grumman. Team members sit at various centers of excellence and remotely throughout the United States.
• Optimized recruiting team to exceed hiring goal of 1,300 external DoD security cleared external hires in 20 l 9 by implementing a framework of recruiting strategies focused on creating a recruiting culture within our engineering teams and pulling multiple "levers" that result in hiring with more speed and quality. • Oversaw milita1y veteran recruitment strategy that resulted in 23.5% of all hires being attributed to military veterans, exceeding the goal of 20%.
• Developed a sector-wide recruiting strategy that enables each division to hire external talent with more speed and quality. TI1is strategy was approved by each respective Engineering VP and includes multiple recruiting tenets (Sourcing, Events, Referrals, Boomerru1g Campaign, and Data Metrics) that were implemented to meet the headcount demands ofour supported business units.
• Drove and delivered three Enterprise level projects praised by the CHRO and the Sector President, including the implementa tion of the Quarterly TA Enterprise Awareness Meeting, the Hiring Our Heroes Corporate Fellowship Program, and the Military Challenge Coin recognition project. • In 2018, led the sourcing team to achieve 339 external passive hires, exceeding the 2018 goal of 200 external passive hires by 170%.

A ~UZON W ED SERVICES
Recruiting Manage r - Seattl e, WA 2015 - 2017
• Led a team of recruiters and program managers to staff technical and non-technical roles for Amazon Web Services (A WS). Provide world-class talent strategies and solutions for the AWS Sales, Marketing, and Support business units.
• Implemented global recruiting status reports utilizing a data-driven approach to the annual recruiting roadmap.

Provided business units the capability to understand their talent acquisition strategy and progress to goals. This report was adopted as the standard recruiting update across all of A WS recmiting globally. • Partnered with AWS' Public Policy team in Washington D.C. to lobby members of Congress on Capitol Hill to provide transitioning veterru1s increased access to training programs for increased technical proficiency. 32 of 62
July 18, 2023, Item #16
Robe11 B. Polsto n 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 Disabilit y 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 Friend ly Emplo yer, 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 • Responsibl e 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 spend ing to corporate benchmarks. This effort resulted in a plan to reduce non-production spending by $1.4B (25%) over a 5-year horizon • Influenced director-level managem ent and drove the adoption of Strategic Sourcing Plans across commodity groups to ensure enforc eab le and measurable commodity strategies, focusing on gaining maximum leverage prior to negotiating key contracts
Senior Financial Specialist - Global Bene.fits Group, Chandler, AZ 2004 - 2007 • Lead financial specialist for HR and Corporate Travel groups responsible for global procurement and sourcing activities totaling$ 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-sit e 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 Logi stics Offic er 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 • D eployed as a NA TO peacekeeper to Bosnia-H erzegovi na - Operation Joint Forg e E du ca tion & Pr ofess ion al Deve lopment
• Vanderbilt University-Nashville, TN - MBA - Financ e (2003) • Boston Univ ersity-Boston , MA - BA - International Relat ions (1997) , cum laude Awards
• Represented Intel at the closing ceremony of the NASDAQ stock exchange on Veterans Day 2013 Additional
• A IRS Elite Ce1tified Recmitment Expe1t (ECRE)
33 of 62
July 18, 2023, Item #16
A I. . f A . f"II 0· . 2V RECEIVED pp 1cat1on or ppo1ntment to I istrict acancy POWAY CITY COUNCIL JUN 1 6 2r:,·-1
DEADLINE DATE: FRIDAY, JUNE 30, 20 23 AT 5:00 PM G!TY OF POWAY Candidates ~ust be 18 ye~rs o! a~e, reside _within 1!1e li~i~ of Disl~ict 2 i~ the C~ t9"t~ RK'S Of-FICE and be registered to vote In District 2. The interactive district map 1s available on the Ciry .. s- website at:
https://poway.maps.arcqis .com/apps/webappviewer /index.html?id=d424f39dd4384452ae823 85754ac0d11
Name: Vanessa Owen Springett
For City Clo,k's Uso Only:/
~ Yes
Registered Voter in District 2
0No
Street City Zip Code
Applicant must reside within District 2 (see above)
Number of Years a District 2 Resident: 54
Home Phone: Work: Cell:

Please feel free to attach any additional information which may be of use to the City Council for determination of appointment.

Organization:

Address:

Employment Information
Avalon Mortgage Corp
6333 Greenwich Drive , Ste 220, SD CA 92122
Resoonsibilities: Residendia l home financing. Counsel clients on loan qualifications nd loan options: refinance and purchase loans. Mangage loan process from beginning to end. Licensed to lend throughout the State of California.

Finance, communication, detail oriented. Referral/Sales based buisness. Relationship Lending.

Organizat ion:

Address:

V ,.?
6333 Greenwich Drive, Ste 220, SD CA 92122
Dates: ~ /'-'9._-"--9-"'-t5_- _-_J'--"-9-'9'--=f ____ _ Resoonsibilities: Residendial home financing. Counsel clients on loan qualifications and loan options: refinance and purchase loans. Mangage loan process from beginning to end. Licensed to lend throughout the State of California.

Finance. communication, detail oriented. Referral/Sales based buisness. Relationship Lending.

Organization: fle,._ Za.- t/c,,,r)e Hr-. g'fjc.y,e (oL.,D 6333 Greenwich Drive, Ste 220, SD CA 92122
Address:
(cf5ff) //f ·J-:S,33 Dates: ,\<2f)f / tz/ - / '}9.£
Responsibilities: Residendial home financing. Counsel clients on loan qualifications and loan options: refinance and purchase loans. Mangage loan process from beginning to end. Licensed to lend throughout the State of California.

Finance, communication, detail oriented. Referral/Sales based buisness. Relationship Lending. 34 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.
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July 18, 2023, Item #16
.:·1 HAVE SUFFICIENT TIME TO DEVOTE TO THIS RESPONSIBILITY AND WILL ATTEND THE REQUIRED MEETING(S) IF I AM APPOINTED. I AM ALSO AWARE THAT THIS APPLICATION IS A PUBLIC DOCUMENT. IF APPOINTED, I WILL FILE THE NECESSARY DISCLOSURE DOCUMENTS AS REQUIRED UNDER THE POLITICAL REFORM ACT. APPLICATIONS MUST BE A SIGNED ORIGINAL. ELECTRONIC VERSIONS WILL NOT BE ACCEPTED.

SIGNATURE: DATE: 6/13/2023

THE UNDERSIGNED HEREBY SOLEMNLY SWEARS TO NOT RUN FOR ELECTION FOR POWAY CITY COUNCIL IN NOVEMBER 2024 IF APPOINTED TO THE CURRENTLY VACANT POWAY CITY COUNCIL SEAT.

SIGNATURE: DATE: 6/13/2023
Please return by 5:00 PM, Friday, June 30, 2023
City Clerk's Office, City Hall, 13325 Civic Center Drive, Poway, CA 92064 (858} 668-4530
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July 18, 2023, Item #16
Vanessa
Springett
Contact informati on
To
City of Poway
Mayor Vaus
Council Members Caylin Frank, Brian Pepin, and Peter De Hoff Dear Poway City Council:

I am excited to apply for the District 2 Appointment to Poway's City Council. Although I do not have direct experience in City Politics, I believe that my education and skills as a businesswoman, along with my active role as a member of this communi ty, have prepared me well for thi s position .

I was born and raised in District 2. I went to Painted Rock Elementary, Twin Peaks Middle School, and graduated from Poway High School in 1987. My husband (Poway High Class of 1986) and I have raised our family here in District 2. Our children also graduated Poway High (2020 and 2017). We have many friends and family through out Poway. I still read the Poway Chieftain, cover to cover. I love Poway.

I believe in commo nsense governm ent. I work well with other s. I believe in open, honest, and respectful discourse. I am happy to sign a statement that I will not run for office in the next election.

Thank you for considering my application. I look forward to discussing my qualifications with you further .

June 13, 2023
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July 18, 2023, Item #16
Vanessa Springett
Experienc e
Residential Mortgage Broker
Avalon Mortgage Corp
May 1998- present
Review income, assets, and credit document s for clients. Advise on qualifications and/or loan options. Manage loan process from beginning (pre-approval) to the end (close of escrow) for those refinancing and/or purchasing homes. Helped clients become homeowners in the North County area, and throughout California, for the past 30+ years.

Vineland Hills HOA, Board of Directors
March 2023- present
Review budgets and help to make financial decisions affec ting our neighborhood.

Working with the board to bring more transpa rency to our leadership. Publish newsletter for our commu nity. Love being a voice for our neighbors and working with the board to maintain our beautif ul neighborhood.

Worked with the City to get Stop Sign on Valle Verde
Following Progression of "The Farm" - Met with Mayo r Vaus, Barry Leonard, and City Engineer Art Corps Volunteer Coordinator, Chaparral Elementary
Sports Team Mom, PYSL and Poway Lacrosse
Help organize all Poway High Class of 1987 Reunions
Education and Licensing
UCLA - BA Degree in Economics and International Area Studies California Real Estate License BRE# 01192534
NMLS Mortgage Broker License# 252171
Poway High School
Hobbies
Reading
Hiking
Sailing
Tennis
June 1991
1991-present
2008 - present
Class of 1987
Pickleball
Wine Tasting/ Live Music
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July 18, 2023, Item #16
Application for Appointment to Fill District2Vaca'WfoEIVEC

POWAY CITY COUNCIL
DEADLINE DATE: FRIDAY, JUNE 30, 2023 AT 5:00 PM JUN 2 6 2023 Candidates must be 18 years of age, reside within the limits of District 2 in the City of Pow~, and be registered to vote in District 2. The interact ive district map is avai lable orOaie'ti&ls POWAY website at: CliY CLERK'S OFFIC~
https ://poway.maps .arcgis .com/apps/webappviewer/i ndex.html?id=d424f39dd4384452ae823 85754ac0d1 1 For City Clerk's Use Only:

Name:

Richard V Zampell (Rick)
Yes
Registered Voter in District 2
□ No
Street City Zip Code
Applicant must reside within District 2 (see above)
30 years
Number of Years a District 2 Resident:

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 determ ination of appointment.

Organization:

Address:

Employment Infor mation
Hewlett -Packard Company
16399 West Bernardo Drive, San Diego CA 92127
also HP Roseville , CA. , Andover, MA. 06 /1974 - 08/2012 Dates: _____________ _
Resoonsibilities: Various leadership and management roles in Marketing , Operations, Supply Chain 4 business groups (Medical, Networking, PC's, Printing) Symantec Corporation (remote)
Organization:
350 Ellis Street
Address:

Mountain View CA 94043 08/2013 - 08/201 5 Dates: _____________ _ Resoonsibllittes: Sr. Director of WW Sales Ops - built 200+ person start-up Ops team in Pune India while managing ~100 people all global Process, Systems & I.T. Tools Nuance Communications (remote), iCIMS Inc. (remote)
Organ ization:

Nuance : 13450 W_ Sunrise Boulevard Sunrise FL 33323, iCIMS:

Address:
101 Crawfords Corner Rd Holmdel NJ Nuance: 2017-18 , iCIMS:2 019 -20 Dates: ______ _ _ _____ _ Resoons ibilities: Nuance: Vice Preside nt, Global Go-To-Market Strategy & Sales. iCIMS: Principal - Revenue Planning & Strategy I Vice President, Revenue Ops 39 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 provid e any additional information you wish covering your qualifications, interests, community/ professional organizations ortraining related to this appointmen t. 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
I HAVE SUFFICIENT TIME TO DEVOTE TO THIS RESPONSIBILITY AND Will ATTEND THE REQUIRED MEETING(S) IF I AM APPOINTED. I AM ALSO AWARE THAT TH IS APPLICATION IS A PUBLIC DOCUMENT. IF APPOINTED, I Will FILE THE NECESSARY DISCLOSURE DOCUMENTS AS REQUIRED UNDER THE POLITICAL REFORM ACT. APPLICATIONS MUST BE A SIGNED ORIGINAL. ELECTRONIC VERSIONS WILL NOT BE ACCEPTED.

SIGNATURE

THE UNDERSIGNED HEREBY SOLEMNLY SWEARS TO NOT RUN FOR ELECTION FOR POWAY CITY COUNCIL IN NOVEMBER 2024 IF APPOINTED TO THE CURRENTLY VACANT POWAY CITY COUNCIL SEAT.

SIGNATUR
Please return by 5:00 PM, Friday, June 30, 2023
City Clerk's Office, City Hall, 13325 Civic Center Drive, Poway, CA92064 (858) 668-4530
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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 [email protected]. 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
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July 18, 2023, Item #16

RICK ZAMPELL
[email protected]
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.