Item 3 - Attachment B - Attachments to the Executive Summary of Investigative Findings City of Poway - City Attorney Alan Fenstermacher — Poway City Council, July 1, 2025 (part 3 of 5)

E-mail generates correspondence that may be recognized as official records in need of protection/retention in accordance with the California Public Records Act. Therefore, electronically stored records such as e-mail are subject to retention requirements.

Information Technology shall store all e-mails stored in the “In Box” or “Sent Items” for two (2) years, in compliance with the City’s records retention schedule.

E-mails stored in “Managed Folders” or “Archive” are not automatically deleted after two (2) years. Employees are responsible for deleting these in accordance with the City’s records retention policies.

Users are solely responsible for the management of their mailboxes, just as they are responsible for the contents of their physical inbox in their office. It is the responsibility of the user to conduct regular and routine management and deletion of all e-mail correspondence in both the “In Box” and “Sent Items” once they are no longer required.

Generally, the sender of the e-mail should be the person responsible for saving it electronically and/or printing and filing it, but persons responsible for a particular program or project file are responsible for retaining appropriate e-mail that they send or receive related to that program or project.

If an e-mail is required to be retained longer than two (2) years, the user is responsible for saving it in the appropriate file folder (electronic or paper) so it is retained for the applicable retention period, as determined by the City’s records retention schedule.

In general, e-mail communications fall into one of the following two categories:
i. Records that relate in some substantive way to the conduct of the public’s business such as e-mails that contain significant policy decisions, requests and replies to requests for public records or direction to staff or consultants, etc. should be printed or saved electronically, filed and retained pursuant to the City’s Records Retention Program.
ii. Preliminary drafts, notes, personal messages, announcements, interagency or intra-agency memoranda that does not relate in some substantive way to the conduct of the public’s business or are unrelated to the business of the City, that are created for convenience only and the information provides general information such as announcing the dates and times of meetings, responses to Listservs, and requests for general City information other than public records, etc. need not be saved. These records should be deleted once the information is understood or communicated (i.e., if it is an announcement of a meeting, place the meeting on your calendar and delete the announcement).

Retention of an e-mail, electronic, or paper record is determined because (1) a law required it to be kept or (2) it is necessary or convenient to the discharge of the public officer’s duties and was made or retained for the purpose of preserving its informational content for future reference.”

2 California Attorney General’s Opinion, 64 Ops. Cal. Atty. Gen. 317 1169 of 2175
July 1, 2025, Item #3
Electronic Communications Policy
February 2019

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B. Managing Electronic Communications
E-mail is not a records management system - it’s a communication system. Staff are strongly discouraged from using it for storing records that are to be retained longer than two (2) years. Determining whether an e-mail is a record that needs preservation and retention is the responsibility of the employee or official, in accordance with the guidelines contained in this policy and the City’s Records Retention Program.

To ensure maximum efficiency in the operation of the e-mail system:

Once a City official or employee has determined that an e-mail should be maintained for longer than two (2) years, he or she must save the e-mail from his or her inbox to an electronic folder, or print and file the e-mail, or otherwise retain the e-mail.

Staff can use “Drag & Drop,” “Save As,” “Print to PDF,” “Print & File” or other methods to save e-mail into a project folder, both inside or outside the e-mail system. i. All incoming and sent e-mails that are older than two (2) years will be AUTOMATICALLY deleted on a daily basis.
i, All deleted items (trash folder) that are older than seven (7) days will be permanently deleted from the system.

4. PERSONAL DEVICES / PERSONAL ACCOUNTS / TEXT MESSAGES A. Use of Personal E-mail for City-Related Matters
All City officials and employees, whether hired, elected or appointed, are strongly discouraged from using personal e-mail accounts to conduct any City-related business on matters or items concerning the City.
i. Encourage Others to Send to Correct Accounts. City employees and officials shall endeavor to ask persons sending electronic communications regarding City business to a personal e-mail account or personal device, to please utilize the City’s official e-mail account, and likewise shall endeavor to ask a person sending e-mail communications regarding non-City (personal) business to NOT use the City’s e-mail account, but instead use the personal account or device for personal business.
i. Production of Records in Response to a PRA Request. If a request for records is received pursuant to the California Public Records Act, employees and/or officials are required to search their personal accounts and personal devices for any and all records that are responsive to the request and forward them to the City, whether or not they are confidential, or exempt from disclosure. The employee or official can request that appropriate records be held as exempt from disclosure, but the final determination of whether a record is disclosable or not shall be made by the City Attorney. The City has the right to request a declaration or affidavit from any employee or official stating that they have fully produced any and all records pursuant to a request.
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February 2019

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Forwarding E-mails or Texts. E-mails may only be sent or forwarded to appropriate persons with a need to know the information in order to conduct City business. If an employee sends a text or e-mail from a personal account regarding City business which needs to be retained, they should immediately forward it to their City’s e-mail account for retention, and potential disclosure.

Protection of Confidential E-mail or Texts. Write the word, “Confidential” on protected e-mail. Do not interfile e-mail or other privileged correspondence from the City Attorney’s office with public documents (documents that are accessible to the public). These e-mails may be subject to the Attorney-Client and/or the Attorney Work Product privileges, and the contents should not be disclosed without first checking with the City Clerk.

Litigation Holds / Other Types of Holds. E-mails subject to litigation (including a reasonable expectation of litigation) claims, complaints, audits, records requests and/or investigations suspend normal retention periods (retention resumes after settlement or completion of the triggering hold).

B. Separation / Transfer of Employees
The City’s technology systems must be set up to immediately disable a separated employee’s access to City e-mail and/or other technology. Human Resources and Information Technology shall ensure timely notifications of all employee separations.

During separation, Human Resources will coordinate with separating employee’s supervisor to encourage the following:
1) Forward any e-mails or text messages relating to City business stored on personal devices or personal accounts to their City e-mail account. 2) Employees are to close and/or remove any access to City e-mail or other technology systems from their personal devices.

The records stored in the e-mail account (including any archives,) of an employee who separates or transfers shall be the responsibility of that employee’s (former) supervisor.

If a supervisor needs access to a former employee’s e-mail account, they shall notify Information Technology, who shall provide temporary access to the e-mail account, which shall not exceed two (2) years.

E-mail that remains in an account (that is not saved in a subject / project file folder outside the e-mail system) will be backed up and retained for two (2) years.

5. USER GUIDELINES
A. Employees who are assigned a mailbox are responsible for checking their mailbox on a regular basis during the workday for messages. Messages received should be responded to promptly.
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February 2019

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B. Incidental personal use of the City’s e-mail system is permitted. Such messages are subject to the access and disclosure statement set forth in this policy. Employees shall ensure that the content of their e-mail is in compliance with the standards of this policy.

C. E-mail should not be used for broadcast purposes unless the message is of interest to all users.

D. Inappropriate uses of e-mail include:
i Any private, profit-making activity such as “for sale” notices and wantads. i. Support or opposition to campaigns for candidates for elected offices or ballot measures.
ii. Messages of a religious nature or promoting or opposing religious beliefs. iv. Language and/or images which are insulting, offensive, disrespectful, demeaning, or sexually suggestive, or in violation of the City’s Workplace Bullying Policy. v. Harassment of any form, sexual or ethnic slurs, obscenities, or any representation of obscenities, or in conflict with the City’s Equal Opportunity, Harassment and Retaliation Policy.

Failure to comply with this policy may be cause for disciplinary action up to and including termination.

Attachment: City of Poway, Acknowledgement of Terms, Electronic Communications Policy 1172 of 2175
July 1, 2025, Item #3
Electronic Communications Policy
February 2019

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City of Poway
Acknowledgement of Terms

ELECTRONIC COMMUNICATIONS POLICY
(E-mail, Tablets, Smart Phones and other Electronic Devices) I, , have read and understand the City of Poway’s E-mail Policy. | will comply with the Policy, and | understand that failure to do so may result in disciplinary action.

Signature of City Employee or Official Date
Attachment A
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July 1, 2025, Item #3

EXHIBIT B

EXHIBIT B
1174 of 2175
July 1, 2025, Item #3

| know
Thursday « 1:23 PM

Delete all my texts to
you ok - Poway Mayol ...
& Attorney trying to
sue me - let’s change ®
to Signal app - they
can’t access It
1:23 PM

G RCSme... © th
q o ~
1175 of 2175
July 1, 2025, Item #3

EXHIBIT C

EXHIBIT C
1176 of 2175
July 1, 2025, Item #3
Tony Blain © (bh &
Maame(oyiave mom (-1mucal-Jaame(omianaal-]a mu ilam\/t-)\Ae) fe entire City will be front page news when you
guys kick me off
Please don't contact me again
You sit there and let them lie and manipulate
reValeMIZolUmsy- hm avelialiare)
You're just as guilty as them 3:15 PM
Turn these texts into Edmondson via PRR
3:19 PM
And only way to attend remotely is disclose my
KoXer-)d(o)aleem ale) eveleh’alalanlilics]aVm\c-]my4e) al-Me)'=1 &X-1- FS) is allowed to disclose their location —
therefore | am NOT allowed to attend remotely,
and you and Council will kick me off after 60
days “unexcused absence”
Vaus/DeHoff/Pikus and probably you will vote
that my absences are UNEXCUSED and you
will kick me off Council
Get it now???
Nato Maamcidlimer-]itiale m= mw cel nicehw i=) am (alerielelialemerete)s to door since you sit quietly while Vaus and
DeHoff and Hazeltine and Fenstermacher lie
on dais and you say nothing = that is the
definition of a wallflower 3:51 PM
Thu, Mar 13

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26 26

26 27
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1 From: Tony Blain <[email protected]>
Sent: Thursday, November 7, 2024 6:13 AM
To: City Clerk
Cc: Fenstermacher, Alan; Chris Hazeltine
Subject: Re: Notice of Intent to Circulate Petition for Term Limits Attachments: PublicNotice-TermLimits-11-07-2024.pdf
Good morning, Poway City Clerk
1) Attached is the edited version of the Term Limits Notice -- please proof read it and let me know if you suggest any edits. Thank you for looking at my 11/6/24 version yesterday and making the suggestion / edit in your e-mail below. That was extremely helpful.
2) As you probably know, I was most likely elected to City Council, awaiting certification. I am asking you, and the City Attorney, City Manager, and entire City staff, very politely and professionally to change your interactions and demeanor with me and 100% of city residents. If we turn in a Notice of Intent to Circulate Petition, for example, I expect you to read it and give us unofficial friendly suggestions on how to improve / edit the document, not say "Sorry I cannot help you, please consult an elections attorney." I think I got off on the wrong foot with you in the past, and I apologize, so please accept my apology and move forward and change your interactions with me and everyone to be more helpful and cooperative. You will see a large number of improvements. We work for the residents / tax payers of Poway -- they pay our salaries -- we will ALL be much more cooperative, friendly, and helpful, or we will lose our jobs. 3) I will be asking publicly for a 3-6 month national search for both the City Attorney and City Manager at my first City Council meeting, after which I will be asking for both of their resignations. We need a fresh new start in Poway. Poway residents have lost faith in Poway leadership all the way from the Mayor, Council, to City employee leaders. 4) I look forward to working with you for many years to come, Carrie -- Steve Marietti, my campaign manager, has nothing but extremely high praise for you, so let's move forward and count today as a new day in the future of the City of Poway.

Respectfully,
Tony Blain
On Wednesday, November 6, 2024 at 05:15:10 PM PST, City Clerk <[email protected]> wrote:

I’m available 11/13 2:00 pm following our agenda posting. Please ensure that your terms of office beginning dates align throughout your document, once officially submitted and accepted, no changes can be made.

Carrie Gallagher, CMC
City Clerk

13325 Civic Center Drive
Poway, CA 92064
1179 of 2175
July 1, 2025, Item #3
2 (858) 668-4535
[email protected]

City Hall is closed every other Friday. Please see City Calendar for dates.

*Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.*

From: Tony Blain <[email protected]>
Sent: Wednesday, November 6, 2024 3:55 PM
To: City Clerk <[email protected]>
Subject: Re: Notice of Intent to Circulate Petition for Term Limits

EXTERNAL EMAIL

Good afternoon,

Please give me appointment any day of the week 12 noon - 4 pm

Thank you,

Tony Blain

Sent from Yahoo Mail for iPhone
1180 of 2175
July 1, 2025, Item #3
3 On Wednesday, November 6, 2024, 2:26 PM, City Clerk <[email protected]> wrote:

Hello,

Yes, your email was received. An original copy with signature needs filing in the City Clerk’s office. Please schedule an appointment. City Hall is dark Friday and closed Monday in observance of Veteran’s Day.

Thank you,

Carrie Gallagher, CMC
City Clerk
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4535
[email protected]

City Hall is closed every other Friday. Please see City Calendar for dates.

*Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.*

From: Tony Blain <[email protected]>
Sent: Wednesday, November 6, 2024 8:48 AM
1181 of 2175
July 1, 2025, Item #3
4 To: City Clerk <[email protected]>
Subject: Notice of Intent to Circulate Petition for Term Limits

EXTERNAL EMAIL
Poway City Clerk,

Please acknowledge receipt of attached Notice of Intent to Circulate Petition for Term Limits.

Thank you,

Tony Blain
1182 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Subject: Job
Date: Monday, November 18, 2024 3:28:15 PM

EXTERNAL EMAIL
Hi, Chris,
The only way I will support your continued employment is if you sit down with me and tell me where every penny of our water fees goes and what it’s spent on.

I will give you until Dec. 2 to do do.

WE WILL LOWER WATER RATES

TRANSPARENCY
Your lack of response will be interpreted as your refusal.

Tony Blain

Sent from Yahoo Mail for iPhone
1183 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Subject: Please consider resigning.

Date: Tuesday, November 26, 2024 8:49:44 PM

EXTERNAL EMAIL
Poway City Manager,
Please consider resigning.

Tony Blain
Sent from Yahoo Mail for iPhone
1184 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Subject: Re: Please consider resigning.

Date: Tuesday, November 26, 2024 8:52:28 PM

EXTERNAL EMAIL
We will force your resignation in 23 months when we have 3 votes on Council (hopefully sooner)
Tony Blain
Sent from Yahoo Mail for iPhone
On Tuesday, November 26, 2024, 8:49 PM, Tony Blain <[email protected]> wrote:

Poway City Manager,
Please consider resigning.

Tony Blain
Sent from Yahoo Mail for iPhone
1185 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Thursday, November 28, 2024 7:31 PM
To: Fenstermacher, Alan; Chris Hazeltine
Cc: Steve Vaus; Brian Pepin; Peter De Hoff; Anita Edmondson; Caylin Frank Subject: Notice
I'm calling for Poway City Attorneys immediate resignation AND 6 month national search for new City Manager at my FIRST Council meeting - Poway needs a fresh NEW start NEW faces NEW cooperation

NEW HONESTY NEW TRANSPARENCY NEW INTEGRITY
NO MORE BACKROOM POLITICS!!!
Sent from Yahoo Mail for iPhone
1186 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine; Fenstermacher, Alan
Cc: Steve Vaus; Brian Pepin; Anita Edmondson; Peter De Hoff; Caylin Frank Subject: Please resign
Date: Saturday, November 30, 2024 1:55:38 PM
Attachments: IMG_5521.png
Poway City Manager & Poway City Attorney,
Please resign. You have 1,300 Poway residents in only 48 hours on Nextdoor who agree.

We will have your resignation in 11 months NOV 2025 election when we force D1 Special Election via Ballot Initiative and then have 3 votes on City Council.

Do the right thing and resign now and give Poway a fresh political start.

Tony Blain
1187 of 2175
July 1, 2025, Item #3
1:49 ee)
<4 Search
< Post insights G)
Nov 28: I'm calling for Poway City
Attorneys immediate resignation AND 6
month national search for new City
IR Manager at my FIRST Council meeting -
Poway needs a fresh NEW start NEW faces
NEW cooperation NEW HONESTY NEW

TRANSPARENCY NEW INTEGRITY

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1188 of 2175
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28 1189 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine; Fenstermacher, Alan
Subject: Meetings
Date: Wednesday, December 11, 2024 1:16:21 PM

EXTERNAL EMAIL
Again, I have no intention of entering City Hall while you both work here — I don’t trust either of you
Please tell me if we can hold our weekly meeting in any neutral location Tony Blain
Sent from Yahoo Mail for iPhone
1190 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Date: December 10, 2024 at 4:56:11 PM PST
To: "Fenstermacher, Alan" <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Re: Hi
We want a fresh new political start both of you gone
1191 of 2175
July 1, 2025, Item #3
2 Sent from Yahoo Mail for iPhone
On Tuesday, December 10, 2024, 4:25 PM, Fenstermacher, Alan <[email protected]> wrote:

You are free to believe what you’d like, but you in fact wrong. That is what I tried to explain to you in thoughtful detail my original email response below, which I sincerely hope you read. I’m again disappointed that you are choosing not to believe me or take my good faith, earnest olive branch for what it is, at face value. Instead you are continuing question my professionalism, ethics and at this point, calling me a liar. I am mystified where any of this comes from, as you don’t know me and we have never even had an actual conversion.

My offer to speak on the phone or in person any time nonetheless stands, as is my commitment to continue to do my job and treat you the same as any other Councilmember. I may be naive, but I am hoping for better days ahead.

On Dec 10, 2024, at 4:00 PM, Tony Blain <[email protected]> wrote:

I could be wrong, but your primary goal is to get me kicked off Council as quickly as possible
That is the framework of all of our future interactions Sent from Yahoo Mail for iPhone
On Tuesday, December 10, 2024, 3:38 PM, Tony Blain
<[email protected]> wrote:

Follow whatever you are required to do legally
with all Council members
I will respond only as professionally required in
my role as Council member
I have no intention of entering City Hall until you
are both gone unless professionally required in
my role as Council member
Our interactions will be based on your
future behavior
Tony
1192 of 2175
July 1, 2025, Item #3
3 Sent from Yahoo Mail for iPhone

On Tuesday, December 10, 2024, 3:27 PM,
Fenstermacher, Alan
<[email protected]> wrote:

Mr. Blain –

First and foremost, whatever you
heard is false. I am not involved,
and would never get involved, in
any recall proceedings other than
as required by my official role as
City Attorney (e.g.,
advising/assisting the City Clerk
when the recall petition and
related paperwork is filed). I am
not a politician or elected official,
but instead contracted
professional working for, and with
a duty to, the City Council as a
whole and the City generally – not
any individual Councilmember,
regardless of who it is. I am sure
Chris will speak for himself, but in
my opinion, he is a consummate
professional City Manager that I
strongly believe would not risk his
reputation or integrity get involved
in that sort of thing.

Second, I would like to express
that I find this email very
disappointing, which is one of
dozens I have received over the
past 6 to months or so attacking
my integrity, which I take
extremely seriously. In talking to
Chris yesterday, it sounded like
you two had a candid, productive,
professional and respectful
meeting, and that was carried
through to our email exchange last
night regarding social media use.

Following that, I was looking
1193 of 2175
July 1, 2025, Item #3
4 forward to meeting with you soon
to fill you in on the rules of the
road as a new Councilmember,
including social media, the Brown
Act, and many other laws that now
apply to you. Again, I serve the
entire Council, and my interest is
in making sure all of you follow the
law, to limit the City’s
liability. Indeed, during my tenure,
the City has avoided litigation that
plagues many other cities, and I
am extremely proud of the part I
have played in ensuring that is the
case.

My sincere disappointment also
comes from the fact that I was –
and still am – willing to put all your
past emails to me behind me, and
start completely fresh and build a
strong, professional relationship
with you. As you know, I have not
responded to your repeated
emails demanding my resignation,
including those coming in at all
hours and on holidays, such as
Thanksgiving during dinner time.

These emails stated no grounds
for your demands, and multiple
times threatened complaints to
the State Bar. As a holder of a
professional license yourself,
surely you are well aware of the
serious nature of such complaints.

I also did not respond to your
resignation request made orally at
the last City Council meeting. All
this is to say that to see this email,
which appears to be based on
either misinformation, or no
information at all, seems to put as
back where we have been for
months now. I am sending this
email because I cannot continue
to not respond to serious and false
1194 of 2175
July 1, 2025, Item #3
5 allegations, and most importantly,
as an attempt to extend an olive
branch I sincerely hope you will
take.

To that end, I do not know why you
seem to have animosity for
me. Our first interaction (at least
that I recall) was when I reached
out to you and candidly told you I
was stumped – I had never dealt
with the filing of nomination
papers for a candidate that was on
deployment abroad, and neither
had the City Clerk. I thought, as a
long serving member of the armed
forces, you might have some
knowledge or perhaps could point
me in the right direction. I was truly
shocked when you responded
negatively, with immediate harsh
words. I tried to explain that I was
just trying to find a solution, but
there was clearly a
misunderstanding. I have attached
those emails, and I am hoping a
fresh read with an open mind,
months later, you might realize
now we were just trying to help. As
of course you know, we ended up
finding a solution anyway, after
extensive research on our own. I
would think my effort to continue
helping you in this regard, despite
the harsh rhetoric and
accusations lobed in my direction,
demonstrates my
professionalism, and importantly,
how I plan handle requests from
you or otherwise interact as a
sitting Councilmember – the same
as any other Councilmember.

1195 of 2175
July 1, 2025, Item #3
6 Finally, I note that I do not believe
we have ever spoken on the
phone, or in person. I am happy to
do either, and still stand ready to
move forward in a professional,
productive matter. I find those
types of communications much
more productive – even when I am
dealing with an opposing attorney
in a contentious matter – rather
than email, where folks are often
speak with vitriol that they would
not otherwise.

How we move forward next is your
choice, but I will continue to
uphold my legal and ethical
obligations to the City and each
member of the City Council,
yourself included, regardless of
what you chose to do.

Alan B. Fenstermacher

18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com
<image001.png>

_______________________________________
______________
Privileged And Confidential
Communication.

This electronic transmission, and any
documents attached hereto, (a) are
protected by the Electronic
Communications Privacy Act (18 USC §§
2510-2521), (b) may contain confidential
and/or legally privileged information, and
(c) are for the sole use of the intended
recipient named above. If you have
received this electronic message in error,
please notify the sender and delete the
electronic message. Any disclosure,
copying, distribution, or use of the
1196 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Date: March 4, 2025 at 11:35:57 AM PST
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <WKaserman@poway.
org>
Subject: Rutan
I am literally not stepping one foot in City Hall until Rutan & Tucker and current City Manager are gone - I feel threatened, bullied, and intimidated by all of the political lies
Please submit this e-mail to DA and the
Get Outlook for iOS
1197 of 2175
July 1, 2025, Item #3

28 28

28 29
1198 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Date: April 15, 2025 at 8:44:20 AM CDT
To: John Couvrette <[email protected]>, Anita Edmondson <[email protected]>, John Mullin <johnmullin.poway@ya hoo.com>
Cc: Councilmembers <[email protected]>, Wendy Kaserman <[email protected]>, "Patterson, Alisha" <[email protected]>, Chris Hazeltine <[email protected]>, "Fenstermacher, Alan" <[email protected]> Subject: Re: Idiot
18 month Vaus Special Elections ordnance & change to Municipal Code at tonight’s Council meeting is designed to hold Special Election if I’m recalled but APPOINTMENT if DeHoff is recalled - it should be 12 and not 18 months / it’s just a political ploy for corrupt Poway City Attorney Fenstermacher and City Manager Hazeltine to help corrupt Poway Mayor Vaus / DeHoff / Pikus to maintain their political control of Council and Poway You are all DISHONEST and CORRUPT
City Clerk: please post this e mail on next Council meeting Agenda (Couvrette/Mullin/Edmonddon “Three Corrupt Musketeers” PLEEEEEEZZZZZ read this re- mail at tonight’s Council meeting)
I’m going to using “Three Corrupt Musketeers” when I knock on 12,000 doors to ALL 48,000 Poway residents in February AND on 12,000 door hangers — I’m going to make you famous for your dishonesty and political lies
1199 of 2175
July 1, 2025, Item #3
2 I am inviting you to meet in person to express your concerns. One way Council Public Comment or Dais diatribes where Vaus prohibits two way discussion is not ideal to share our mutual thoughts and ideas to improve Poway.

From: Tony Blain <[email protected]>
Sent: Monday, April 14, 2025 5:14:09 PM
To: John Couvrette <[email protected]>; Anita Edmondson <[email protected]>; John Mullin <[email protected]> Cc: Councilmembers <[email protected]>; Wendy Kaserman <[email protected]>; [email protected] <[email protected]>; Chris Hazeltine <[email protected]>; Fenstermacher, Alan <[email protected]>
Subject: Re: Idiot

You guys make me laugh with all off your new Anti-Tony laws — makes me feel REALLY important

You must be truly incredibly scared ::))

I am inviting you to meet in person to express your concerns. One way Council Public Comment or Dais diatribes where Vaus prohibits two way discussion is not ideal to share our mutual thoughts and ideas to improve Poway.

From: Tony Blain <[email protected]>
Sent: Monday, April 14, 2025 4:40:41 PM
To: John Couvrette <[email protected]>; Anita Edmondson <[email protected]>; John Mullin <[email protected]> Cc: Councilmembers <[email protected]>; Wendy Kaserman <[email protected]>; [email protected] <[email protected]>; Chris Hazeltine <[email protected]>; Fenstermacher, Alan <[email protected]>
Subject: Idiot

Minority social media clique,

Vaus and DeHoff are idiots for forcing me to listen to your illogical political lies at Public Comment with a new City ordnance and change of Poway Municipal Code. You should all be terribly embarrassed, but of course in your twisted logic you somehow think such a law is justified. I’m sure and unethical and extremely Vaus appointed Poway City Attorney Alan Fenstermacher masterminded your silly game just like he masterminds how to allow Councilmembers who no longer live in Poway to attend and vote at Council meetings. We will reverse all this crazy Chicago-style dirty politics the second I get elected Mayor NOV 2026. Enjoy your dirty politics while it lasts.

We will immediately delete this law the second we have 3 votes on Council in DEC 2026.

Anita, are you running for D2? Maybe you can actually get elected this time instead of a developer-endorsed Vaus & DeHoff & Pepin & Frank highly biased political appointment.

I will be responding 100% of the time to 100% of Public Comments next 10 years - listen and have fun.
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3 (PLEEEZZZZ one of you clowns read this e-mail at Public Comment for TRANSPARENCY)

I’m too late for 72 hour City Clerk to include my e mail as an agenda item. 100% of my e- mails to you three clowns will be included in the future Agenda packets for transparency.

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1 From: Tony Blain <[email protected]>
Sent: Thursday, October 31, 2024 4:18 PM
To: Fenstermacher, Alan
Subject: Your Resignation
Mr. Fenstermacher, Poway Attorney,
I’m asking for your immediate resignation on Tuesday when I am elected for unethical legal practices in cooperation with our unethical Mayor & Council. I am still deciding if I am reporting you to the State Bar.

Tony Blain
Sent from Yahoo Mail for iPhone
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1 From: Tony Blain <[email protected]>
Sent: Thursday, November 7, 2024 6:13 AM
To: City Clerk
Cc: Fenstermacher, Alan; Chris Hazeltine
Subject: Re: Notice of Intent to Circulate Petition for Term Limits Attachments: PublicNotice-TermLimits-11-07-2024.pdf
Good morning, Poway City Clerk
1) Attached is the edited version of the Term Limits Notice -- please proof read it and let me know if you suggest any edits. Thank you for looking at my 11/6/24 version yesterday and making the suggestion / edit in your e-mail below. That was extremely helpful.
2) As you probably know, I was most likely elected to City Council, awaiting certification. I am asking you, and the City Attorney, City Manager, and entire City staff, very politely and professionally to change your interactions and demeanor with me and 100% of city residents. If we turn in a Notice of Intent to Circulate Petition, for example, I expect you to read it and give us unofficial friendly suggestions on how to improve / edit the document, not say "Sorry I cannot help you, please consult an elections attorney." I think I got off on the wrong foot with you in the past, and I apologize, so please accept my apology and move forward and change your interactions with me and everyone to be more helpful and cooperative. You will see a large number of improvements. We work for the residents / tax payers of Poway -- they pay our salaries -- we will ALL be much more cooperative, friendly, and helpful, or we will lose our jobs. 3) I will be asking publicly for a 3-6 month national search for both the City Attorney and City Manager at my first City Council meeting, after which I will be asking for both of their resignations. We need a fresh new start in Poway. Poway residents have lost faith in Poway leadership all the way from the Mayor, Council, to City employee leaders. 4) I look forward to working with you for many years to come, Carrie -- Steve Marietti, my campaign manager, has nothing but extremely high praise for you, so let's move forward and count today as a new day in the future of the City of Poway.

Respectfully,
Tony Blain
On Wednesday, November 6, 2024 at 05:15:10 PM PST, City Clerk <[email protected]> wrote:

Carrie Gallagher, CMC
City Clerk

13325 Civic Center Drive
Poway, CA 92064
1205 of 2175
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2 (858) 668-4535
[email protected]

City Hall is closed every other Friday. Please see City Calendar for dates.

*Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.*

From: Tony Blain <[email protected]>
Sent: Wednesday, November 6, 2024 3:55 PM
To: City Clerk <[email protected]>
Subject: Re: Notice of Intent to Circulate Petition for Term Limits

EXTERNAL EMAIL

Good afternoon,

Please give me appointment any day of the week 12 noon - 4 pm

Thank you,

Tony Blain

Sent from Yahoo Mail for iPhone
1206 of 2175
July 1, 2025, Item #3
3 On Wednesday, November 6, 2024, 2:26 PM, City Clerk <[email protected]> wrote:

Hello,

Thank you,

Carrie Gallagher, CMC
City Clerk
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4535
[email protected]

City Hall is closed every other Friday. Please see City Calendar for dates.

*Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.*

From: Tony Blain <[email protected]>
Sent: Wednesday, November 6, 2024 8:48 AM
1207 of 2175
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4 To: City Clerk <[email protected]>
Subject: Notice of Intent to Circulate Petition for Term Limits

EXTERNAL EMAIL
Poway City Clerk,

Please acknowledge receipt of attached Notice of Intent to Circulate Petition for Term Limits.

Thank you,

Tony Blain
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Ethical Principles for City Attorneys1
Adopted October 6, 2005

City Attorneys Department Business Session

Preamble

A city attorney occupies an important position of trust and responsibility within city government.

Central to that trust is an expectation and commitment that city attorneys will hold themselves to the highest ethical standards. Every effort should be made to earn the trust and respect of those advised, as well as the community served.

The City Attorneys Department of the League of California Cities has therefore adopted these ethical principles to:

 Serve as an aspirational guide to city attorneys in making decisions in difficult situations,

 Provide guidance to clients and the public on the ethical standards to which city attorneys aspire, and

 Promote integrity of the city and city attorney office.

City attorneys are also subject to the State Bar’s Rules of Professional Conduct. For an explanation of how the rules apply to city attorneys, please see Practicing Ethics published by
the League of California Cities in 2004, available at www.cacities.org/attorneys. These aspirational ethical principles are not an effort to duplicate or interpret the State Bar’s requirements or create additional regulatory standards.

The role of the city attorney and the client city varies. Some city attorneys are full-time public employees appointed by a city council; some are members of a private law firm, who serve under contract at the pleasure of a city council. A few are directly elected by the voters; some are governed by a charter. When reflecting on the following principles, the city attorney should take these variations into account.

The city attorney should be mindful of his or her unique role in public service and take steps to ensure his or her words and deeds will assist in furthering the underlying intent of these principles.

1 When used in this document, the term “city attorney” refers to all persons engaged in the practice of municipal law. This includes attorneys in firms that provide legal services to cities on an ongoing basis that are the functional equivalent to services provided by assistant or deputy city attorneys (for example, on redevelopment and personnel issues).

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Fundamental Principles (There is no significance to the order of the list.)

Principle 1 (Rule of Law). As an officer of the courts and local government, the city attorney should strive to defend, promote and exemplify the law’s purpose and intent, as determined from constitutional and statutory language, the case law interpreting it, and evidence of legislative intent. As an attorney representing a public agency, the city attorney should promote the rule of law and the public's trust in city government by providing representation that helps create a culture of compliance with ethical and legal obligations.

Explanation. The city attorney’s advice and actions should always proceed from the goal of promoting the rule of law in a free, democratic society. Because the public's business is involved, within the city organization the city attorney should consistently point out clear legal constraints in an unambiguous manner, help the city to observe such constraints, identify to responsible city officials known legal improprieties and remedies to cure them, and if necessary, report up the chain of command to the highest level of the organization that can act on the client city's behalf.

Examples

1. The city attorney should give advice consistent with the law and the policy objectives underlying those laws, but may consider and explain good faith arguments for the extension or change of a legal principle.

2. The city attorney should not attempt to justify a course of action that is clearly unlawful. Where the city attorney’s good faith legal assessment is that an act or omission would be clearly unlawful, the city attorney should resist pressure to be “creative” to come up with questionable legal conclusions that will provide cover for the elected or appointed public officials to take actions which are objectively unlikely to be in conformance with the legal constraints on the city’s actions.

3. The city attorney’s guiding principle in providing advice and services should be sound legal analysis. The city attorney should not advise that a course of action is legal solely because it is a common practice (“everyone else does it that way”), a past practice (“we have always done it that way”), or because the risk of suit or other consequence for action is considered low.

4. The city attorney’s advice should reflect respect for the legal system.

5. If the city has made a decision that the city attorney believes may be legally harmful to the city, the city attorney should encourage the city to take any necessary corrective action but do so in a way that minimizes any damage to the city’s interests.

6. The city attorney should be willing to give unpopular legal advice that meets the law’s purpose and intent even when the advice is not sought but the legal problem is evident to the attorney.
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7. The city attorney should not only explain and advise the city on the law, but should encourage the city to comply with the law’s purpose and intent.

Principle 2 (Client Trust). The city attorney should earn client trust through quality legal advice and the manner in which the attorney represents the city’s interests.

Explanation. It is difficult for the city attorney to effectively represent the city if public officials do not trust the city attorney’s competence and professionalism.

Examples

1. The city attorney should use available resources to maximize his or her ability to advise knowledgeably on issues of municipal law.

2. The city attorney should be clear with individual council members and staff on the extent to which their communications with the city attorney can and will be kept confidential. The city attorney should be especially clear when confidentiality cannot be lawfully maintained.

3. Sometimes the city attorney will be asked a question during a public or private meeting and the city attorney is unsure of the answer. When time permits, the city attorney should advise that additional time is needed to research the matter and provide an appropriate response. If extra time is not available, then the city attorney should be candid regarding any uncertainty he or she feels about the answer given.

4. When a question is posed and the city attorney knows there is no definitive, clear conclusion, the city attorney should describe the competing legal considerations, as well as inform the city of the legally supportable courses of action, together with an evaluation of the course that is most likely to be upheld.

5. In the event the city attorney is asked in a public forum to provide advice that could undermine the city’s ultimate position, the city attorney should seek to meet in closed session, if legally permissible, or, if time permits, provide his or her opinion in a confidential memorandum. If the advice must be given during an open session, then the city attorney must be mindful of the impact that advice given in public may have on the city’s ultimate position.

6. When the city attorney has a duty to provide documents or other information to outside law enforcement authorities, he or she should do so in a way to minimize harm to the city consistent with that duty.
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P
rinciple 3 (No Politicization). The city attorney should provide legal advice in a manner that avoids the appearance that the advice is based on political alignment or partisanship, which can undermine client trust.

Explanation. The city attorney and the city attorney’s advice needs to be trusted as impartial by the entire council, staff and community.

Examples

1. The city attorney should provide consistent advice with the city’s overall legal interests in mind to all members of the city team regardless of their individual views on the issue.

2. Each city council member, irrespective of political affiliation, should have equal access to legal advice from the city attorney, while legal work on a matter consuming significant legal resources should require direction from a council majority.

3. The city attorney or persons seeking to become city attorney should not make campaign contributions to or participate in the campaigns of that city’s officials, including candidates running for that city’s offices or city officers running for other offices. For private law firms serving as city attorney or seeking to become city attorney, this restriction should apply to the law firm’s attorneys.

4. When considering whether to become involved in policy advocacy on an issue that may potentially come before the city, the city attorney should evaluate whether such involvement might compromise the attorney’s ability to give unbiased advice or create the appearance of bias.

Principle 4 (No Self Aggrandizement). The city attorney should discharge his or her duties in a manner that consistently places the city’s interests above self-advancement or enrichment.

Explanation. The city attorney, by his or her acts and deeds, should demonstrate that his or her highest professional priority is to serve the city’s needs.

Examples

1. The city attorney’s operating and legal services budget requests should be based on the goal of efficiently serving the client city’s realistic legal needs (i.e. avoid “empire building”).

2. The city attorney should provide advice without a focus on garnering personal support or avoiding personal criticism.

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3. W
hile it is appropriate for a city attorneys to provide both advisory and litigation services, a city attorney should give the city a full range of reasonable options including alternatives to litigation for resolving issues.

Principle 5 (Professionalism and Courtesy). The city attorney should conduct himself/herself at all times in a professional and dignified manner, interacting with all elected officials, city staff. members of the public, and the media with courtesy and respect.

Explanation. The city attorney should be a role model of decorum and composure.

Examples

1. The city attorney should provide advice and information to the council and individual council members in an evenhanded manner consistent with city policy governing the provision of legal services to the city.

2. The city attorney should communicate in a way that is sensitive to both the context and audience, explaining the law in a way that is understandable.

3. In interactions with the public, the city attorney’s role is to explain procedures and the law, but not engage in debate.

4. The city attorney should show professional respect for city staff, colleagues, the legal system and opponents. The city attorney should not personally attack or denigrate individuals, particularly in public forums.

5. The city attorney should not seem to endorse, by silence or otherwise, offensive comments made to him/her about others.

6. Sometimes the city attorney will provide advice in public, either because of a city’s approved practices or as necessitated during a public meeting. Such advice should be provided in a low-key, dispassionate and non-confrontational manner.

7. The tone of the city attorney’s advice and representation should not give the appearance of a personal attack on an individual, even when it is necessary to explain that a particular official’s action is unlawful.

8. The city attorney should be open to constructive feedback and criticism.

Principle 6 (Policy versus Law). The city attorney’s obligation is to understand the city’s policy objectives and provide objective legal advice that outlines the legally defensible options available to the city for achieving those objectives.

Explanation. The city attorney must respect policymakers’ right to make policy decisions.
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E
xamples

1. The city attorney may offer input on policy matters, but should make clear when an opinion is legal advice and when it is practical advice.

2. The city attorney should not let his or her policy preferences influence his or her legal advice.

3. If a city attorney finds it necessary to advise the city that a particular course of action would be unlawful, the city attorney should strive to identify alternative approaches that would lawfully advance the city’s goals.

Principle 7 (Consistency). The city attorney should conduct his or her practice in a way that consistently furthers the legitimate interests of cities.

Explanation. Consistency in the legal positions taken by city attorneys is vital to city attorneys’ credibility with the courts, clients, and the public.

Examples

1. The city attorney should not represent a private client if that representation will necessitate advancing legal principles adverse to cities’ clearly recognized and accepted interests.

2. When providing advice, the city attorney should inform his or her city of any far- reaching negative impacts a position may have on the city’s own potential future interests as well as cities’ interests in general, particularly when establishing legal precedent.

3. The city attorney should carefully consider whether to hire or recommend a firm that advances legal principles adverse to city interests on behalf of private clients.

Principle 8 (Personal Financial Gain). The city attorney’s primary responsibility is to serve the city’s interest without reference to personal financial gain.

Explanation. An important aspect of the city attorney profession is public service.

Examples

1. The city attorney should provide the highest possible quality work regardless of the remuneration received.

2. The city attorney’s representation should be based on a realistic understanding of the city’s needs in light of the city’s fiscal and other constraints. However the city 1215 of 2175
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a
ttorney should advise the city when additional resources are necessary to provide the level of legal services the city requires.

3. The city attorney should refrain from providing unnecessary or redundant services to the city.

4. The city attorney should never use the power, resources or prestige of the office for personal gain.

Principle 9 (Hiring by and of City Attorneys). The selection and retention of the city attorney and city attorney staff should be based on a fair process that emphasizes professional competence and experience. The process should not include inappropriate considerations such as political, personal or financial ties.

Explanation. The public’s trust in the quality of the city’s legal services is undermined if it appears that considerations other than competence affected the decision to hire someone.

Examples

1. The city attorney should engage staff and vendors based on objective standards relating to professional competence and experience.

2. The city attorney should avoid providing gratuities to decision-makers during the pendency of decisions relating to the city attorney’s employment.

3. City attorneys must keep employment negotiations separate from the city attorney’s role as the city’s legal advisor.

4. The city attorney should not undermine the employment of an incumbent city attorney. The city attorney may respond to unsolicited inquiries from a potential client about future representation.

5. The city attorney should maintain an office that is open to employees from diverse backgrounds and remove unnecessary barriers to success in his or her office and in the legal profession.

6. The city attorney should not award or recommend award of litigation or legal services-related contracts if the public could question whether the contract was awarded for reasons other than merit, such as the contractor (or member of the contractor) providing gifts to or participating in political campaigns of (including making campaign contributions to) officials with the power to award the contracts.

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7. The city attorney should hire or recommend staff and consultants who adhere to these ethical principles and encourage existing staff and consultants to do likewise.

8. The city attorney should seriously consider refusing to represent cities that do not support the city attorney’s adherence to these principles

Principle 10 (Professional Development). The city attorney should contribute to the profession’s development by improving his or her own knowledge and training and by assisting other public agency attorneys and colleagues in their professional development.

Explanation. For city attorneys to remain a vital, positive part of municipal government, members of the profession should take affirmative actions to advance respect for and proficiency by its practitioners.

Examples

1. City attorneys have a strong tradition of assisting their colleagues through formal or informal sharing of their knowledge and expertise, including active participation in the League of California Cities, the State Bar and a local municipal attorney group or bar association. This tradition also includes sharing of research and opinions when consistent with protecting client confidences.

2. The city attorney should continually strive to improve his or her substantive knowledge of the law affecting municipalities through presenting or attending appropriate educational programs.

3. The city attorney should keep in mind the dynamic nature of municipal law and update his or her understanding of the law on an issue, rather than relying on past knowledge.

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From: Tony Blain
To: [email protected]
Subject: Fw: please call me
Date: Wednesday, January 15, 2025 8:36:19 PM
Attachments: image001.png
FW Jan. 21 meeting.msg
Tony Blain
Councilmember
City of Poway
858-248-1509
From: Fenstermacher, Alan <[email protected]>
Sent: Wednesday, January 15, 2025 8:31:09 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: FW: please call me

EXTERNAL EMAIL
Good evening Mayor and Councilmembers –

Prior to seeing the attached email from Councilmember Blain at 3:48 pm, I was already considering whether or not I had an obligation to send the below email chain to all of you.

At this point, I know
that I must.

As you can see from the email chain below from 11:36 am to 2:55 pm today, I received some questions from Councilmember Blain relating to his emails to Councilmember DeHoff and Mr. Pikus included in the January 21 agenda, and I offered to answer Councilmember Blain’s inquiries in writing.

I did not want to become an accessory after the fact to potential felonies, or otherwise somehow infect the City with liability if I had a phone conversation that later became a “he said, she said” situation. This is all new territory for me, and frankly I am not entirely sure what the rules of the road are for potential violations like this.

For context, since you all are likely not aware of nature of our communications over the past several months, other than one several minute phone call earlier this week or last week about the Public Records Act, Councilmember Blain and I have not spoken on the phone, and never met in person (notwithstanding my offers to do so). I have, however, fielded dozens of emails (and been copied on well over 100 I am sure) where I have provided comprehensive legal answers in writing. This seems to be the preferred method of communication.

Thus, when Councilmember Blain flatly refused to put questions in writing without explanation – which if legitimate and related to seeking legal advice as a Councilmember / for the City, would be covered by attorney-client privilege – I can only assume that he was hoping to enlist me in the defense of potential criminal actions or some sort of related mitigation strategy. There is no other explanation for multiple phone calls and requests for phone calls after months of no such calls or requests, the first ever text message, and his refusal to email questions. From November until today, I went very few days where I did not see emailed questions from Councilmember Blain. Obviously, 1219 of 2175
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that is not my role as the City Attorney, where my duty is to the municipal corporation.

Furthermore, as | stated below, | was worried that if | refused to assit Councilmember Blain on the phone, he would retaliate against me. My worry was driven in part by his many threats to report me to the state bar or fire me in 10 or 23 months when he gets an answer he does not like, even if completely benign, objective and legally correct. Unfortunately, less one hour later, that retaliation already occurred, as you can see from the attached email from 3:48 pm. Councilmember Blain apparently plans to comment on my two 4+ year old donations to Steve Vaus’ campaign for County Supervisor, which he must think will embarrass me, or pose a problem for me.

Setting aside the questionable propriety of a Councilmember attacking a City staff member (or contractor) during a City Council meeting based on a topic totally unrelated to any agendized business as a Councilmember item/report — under the Brown Act or otherwise — | wanted to let you all know that there is nothing legally wrong with my contributions. While | have never and will never contribute to a City of Poway election, | have a First Amendment right to make political contributions in entirely unrelated races, and there is no body of law that makes this a conflict, illegal, or anything else improper. The Form 460 Councilmember Blain attaches did not take a super sleuth to find — it is publicly posted online. Given | am a career municipal lawyer and a Section Head at one the largest and most respected municipal law firms in the state, | obviously knew and know that any contributions | make will be properly reported on Form 460s, and are completely public. If there was an issue, | would have never made this contribution. Further, it bears pointing out that had Mayor Vaus won and become County Supervisor, he would no longer be Mayor and | would no longer work with him. Thus, if Councilmember Blain alleges my contributions create some sort of conflict, it does not even make sense. While | have no obligation to explain contributions, as some of you know, my sister and her family, as well as my parents in 2020, live in the unincorporated County of San Diego, and | am in the district often for work (obviously) and for pleasure. In fact, during COVID/2020, | was living in unincorporated San Diego county about as often as home. | have an interest in contributing to someone that | felt would do a good job, and that is my personal choice. As for the $100 contribution from my now retired partner Mr. Cosgrove, | can’t speak to his motivation, but he did a significant amount of work in San Diego County, including in Lakeside, where | know he had friends.

To my memory, he never did even one hour of work for Poway.

Finally, while | have not told any of you this, | think it is time you know — the last two months have included some of the worst of my career. When | was with my children on both Halloween and Thanksgiving night, | received emails calling me unethical, demanding | resign and that | would be reported to the state bar, for completely unstated reasons. Literally, | was in costume with my kids while receiving emails from a man | had never even actually met, threating not just this my position with Poway, but my entire career, for reasons that were not articulated, and | could not even fathom. During November, | endured several weeks of emails, where every other day, | was told to resign, or how | would be fired in 10 or 23 months, or how “every person in Poway” wants me to resign or agrees | should resign, with social media statistics attached. | am an experienced litigator, but no one has ever treated me and other City professional staff as poorly as | have experienced and seen the last few months — not senior partners when | was a first year associate, not the most hardened, type A opposing counsel in the midst of a brutal trial, or after a tough loss. | have never had my credibility repeatedly questioned or attacked by anyone, but it became routine. This that is not my role as the City Attorney, where my duty is to the municipal corporation.

To my memory, he never did even one hour of work for Poway.

Furthermore, as I stated below, I was worried that if I refused to assit Councilmember Blain on the phone, he would retaliate against me. My worry was driven in part by his many threats to report me to the state bar or fire me in 10 or 23 months when he gets an answer he does not like, even if completely benign, objective and legally correct. Unfortunately, less one hour later, that retaliation already occurred, as you can see from the attached email from 3:48 pm.

Councilmember Blain
apparently plans to comment on my two 4+ year old donations to Steve Vaus’ campaign for County Supervisor, which he must think will embarrass me, or pose a problem for me.

Further, it bears pointing out that had Mayor
Vaus won and become County Supervisor, he would no longer be Mayor and I would no longer work with him.

Thus, if Councilmember Blain alleges my contributions create some sort of conflict, it does not even make sense. While I have no obligation to explain contributions, as some of you know, my sister and her family, as well as my parents in 2020, live in the unincorporated County of San Diego, and I am in the district often for work (obviously) and for pleasure. In fact, during COVID/2020, I was living in unincorporated San Diego county about as often as home.

I have an interest in contributing
to someone that I felt would do a good job, and that is my personal choice. As for the $100 contribution from my now retired partner Mr. Cosgrove, I can’t speak to his motivation, but he did a significant amount of work in San Diego County, including in Lakeside, where I know he had friends.

To my memory, he never did even one hour of work for Poway.

Finally, while I have not told any of you this, I think it is time you know – the last two months have included some of the worst of my career. When I was with my children on both Halloween and
Thanksgiving night, I received emails calling me unethical, demanding I resign and that I would be reported to the state bar, for completely unstated reasons . Literally, I was in costume with my kids
while receiving emails from a man I had never even actually met, threating not just this my position with Poway, but my entire career, for reasons that were not articulated, and I could not even fathom. During November, I endured several weeks of emails, where every other day, I was told to resign, or how I would be fired in 10 or 23 months, or how “every person in Poway” wants me to resign or agrees I should resign, with social media statistics attached.

I am an experienced litigator,
but no one has ever treated me and other City professional staff as poorly as I have experienced and seen the last few months
– not senior partners when I was a first year associate, not the most hardened, type A opposing counsel in the midst of a brutal trial, or after a tough loss. I have never had my credibility repeatedly questioned or attacked by anyone, but it became routine. This 1220 of 2175
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treatment continued at various times even after Councilmember Blain was sworn in and | provided him all the legal advice he requested, to the best of my ability.

Notwithstanding all of this, | decided to take the high road and provide high quality legal advice in response to being inundated with questions, often for the second or third time, thinking that maybe the relationship would change. | never once responded to the resignation demands, either via email or when made in person at a Council meeting, despite having the opportunity to do so. | tried to think to myself “do not get in the mud with pigs, you both get dirty, and the pig likes it.” Instead, | did my job — for many more hours than | have ever spent responding to 7 years’ worth of all other Councilmember inquiries, combined. | actually had legitimate hope that maybe once Councilmember Blain got to know me, stopped campaigning and got to the work of governing, we could move past all of the bluster. While it got a bit better this past month, and out and out resignation demands stopped, the reference to 10 or 23 months always hung in the air, and every morning | would check my email bracing myself for several emails from Councilmember Blain, never knowing if it was a thank you, or an attack. It seems that now, with Councilmember Blain’s most recent decision to attack me after months of actually trying to assit him and help in avoid breaking the law — including stopping him from calling law enforcement on two separate individuals who complained to him via official City email, resulting in a slam dunk lawsuit loss for the City — the bullying and harassing behavior has returned in full force. | truly dread the hostile work environment that awaits me in the coming months.

Councilmember Blain — to you personally, | do not you have now fixed your ire on me (again), other than | gave you a legal opinion that you did not want to hear. It is also just that — an opinion — it is not up to me. More to the point, | had nothing to do with your emails in question, you wrote them, and you are solely to blame for the position you now find yourself in, whatever that may be. Despite all your conspiratorial allegations that | am political, out to get you, or the like, | have viewed this job for over 7 years as simply calling balls and strikes for the Council, not ever taking a position or having an opinion, and | have consistently done that. Ironically, the only Councilmember in my 7+ years here that has asked me to be political and attempted to weaponize me against their colleagues is you. | can only assume that is what you hoped to do on the phone today. | have never written an email like this to a “client” and certainly not a City Councill, and | hope | never have to again — ever single other email | wrote to this Council or other individual Council members has been dry, boring legal advice. | still ponder how our very first interaction nearly a year ago was me reaching out looking to help you file your nomination papers remotely — something | had never dealt with, and was struggling to find an answer to — and you immediately responded with vitriol. As | have repeatedly explained, considering | was trying to assit, | did not understand it then, and | don’t understand any of this now.

Thank you Council for your time to read this lengthy email, and please respond to just me with any questions.

Alan B. Fenstermacher
18575 Jamboree Road, 9" Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) treatment continued at various times even after Councilmember Blain was sworn in and | provided him all the legal advice he requested, to the best of my ability.

Thank you Council for your time to read this lengthy email, and please respond to just me with any questions.

Alan B. Fenstermacher
18575 Jamboree Road, 9" Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) treatment continued at various times even after Councilmember Blain was sworn in and I provided him all the legal advice he requested, to the best of my ability.

Notwithstanding all of this, I decided to take the high road and provide high quality legal advice in response to being inundated with questions, often for the second or third time, thinking that maybe the relationship would change. I never once responded to the resignation demands, either via email or when made in person at a Council meeting, despite having the opportunity to do so.

I tried to
think to myself “do not get in the mud with pigs, you both get dirty, and the pig likes it.” Instead, I did my job – for many more hours than I have ever spent responding to 7 years’ worth of all other Councilmember inquiries, combined.

I actually had legitimate hope that maybe once
Councilmember Blain got to know me, stopped campaigning and got to the work of governing, we could move past all of the bluster.

While it got a bit better this past month, and out and out resignation demands stopped, the reference to 10 or 23 months always hung in the air, and every morning I would check my email bracing myself for several emails from Councilmember Blain, never knowing if it was a thank you, or an attack.

It seems that now, with Councilmember Blain’s most
recent decision to attack me after months of actually trying to assit him and help in avoid breaking the law – including stopping him from calling law enforcement on two separate individuals who complained to him via official City email, resulting in a slam dunk lawsuit loss for the City – the bullying and harassing behavior has returned in full force. I truly dread the hostile work environment that awaits me in the coming months.

Councilmember Blain – to you personally, I do not you have now fixed your ire on me (again), other than I gave you a legal opinion that you did not want to hear. It is also just that – an opinion – it is not up to me. More to the point, I had nothing to do with your emails in question, you wrote them, and you are solely to blame for the position you now find yourself in, whatever that may be. Despite all your conspiratorial allegations that I am political, out to get you, or the like, I have viewed this job for over 7 years as simply calling balls and strikes for the Council, not ever taking a position or having an opinion, and I have consistently done that.

Ironically, the only Councilmember in my 7+ years
here that has asked me to be political and attempted to weaponize me against their colleagues is you.

I can only assume that is what you hoped to do on the phone today. I have never written an email like this to a “client” and certainly not a City Councill, and I hope I never have to again – ever single other email I wrote to this Council or other individual Council members has been dry, boring legal advice. I still ponder how our very first interaction nearly a year ago was me reaching out looking to help you file your nomination papers remotely – something I had never dealt with, and was struggling to find an answer to – and you immediately responded with vitriol. As I have repeatedly explained, considering I was trying to assit, I did not understand it then, and I don’t understand any of this now.

Thank you Council for your time to read this lengthy email, and please respond to just me with any questions.

Alan B. Fenstermacher
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) 1221 of 2175
July 1, 2025, Item #3
[email protected] | www.rutan.com
_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 2:55 PM
To: Fenstermacher, Alan <[email protected]>
Subject: Re: please call me

Nope

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Fenstermacher, Alan <[email protected]
>
Sent: Wednesday, January 15, 2025 2:50:37 PM
To: Tony Blain <[email protected]>
Subject: RE: please call me

EXTERNAL EMAIL
Franky, I am more comfortable communicating via email given the potential serious implications of what has occurred. I want my advice to be on record if this matter ever gets to a criminal proceeding, and do not want to be accused of saying something I did not. On several occasions, you have threated to report me to the state bar on me for not giving the answer you wanted (or for no reason at all), emailed me demanding my resignation every other day for weeks in October and November (including twice on holidays, at night), etc., so I certainly do not know if I can trust you in this type of a situation. Based on this past behavior and what I have seen in the more recent emails, I am worried you will take adverse action against me if I do not do what you want with respect to these potential crimes, which again, appear to include both vote trading and threating adverse action against your colleagues if they do not vote as you wish them to.

Additionally, at this point I need to look after the interests of the City and protecting it from liability.

You have not taken (or perhaps misunderstood) my advice on other issues, despite repeated advice on topics such as the Brown Act, and First Amendment issues relating to social media use.

I would
like all my advice to be clear and in writing. I will answer your questions in writing. Hopefully you can 1222 of 2175
July 1, 2025, Item #3
understand that.

Alan B. Fenstermacher
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com
_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 2:27 PM
To: Fenstermacher, Alan <[email protected]>
Subject: Re: please call me

Please call me

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Fenstermacher, Alan <[email protected]
>
Sent: Wednesday, January 15, 2025 2:25:56 PM
To: Tony Blain <[email protected]>
Subject: RE: please call me

EXTERNAL EMAIL
Councilmember Blain –

Sorry for the delay past 1:30. I saw you called again as well, but I am on the other line/in another zoom meeting. However, I can handle questions in writing if you’d like during certain portions of this.

With respect to the below, I am not sure if you asking if your emails that were posted to the agenda report violated the Brown Act. In of themselves, unlikely, but if you emailed other Councilmembers about how you were voting on the Deputy Mayor or special election items, potentially yes. I think you may have done his, but I am not sure.

Per my repeated, previous advice regarding the Brown
Act and digital violations, you cannot send any communications (whether emails, texts, social media 1223 of 2175
July 1, 2025, Item #3
messages, etc.) to two different Council members where you inform them both how you plan to vote on any specific item, or otherwise discuss your vote.

However, I would be (and am) more concerned about the emails because of vote trading, which is a form of bribery that is a felony. I am not an expert in criminal law, but as a City Attorney I do know that vote trading is illegal, in fact, it’s a bullet on my slide deck that I presented to all candidates at the candidate forum. One of your email chains with Councilmember DeHoff appears to be soliciting vote trading. Take a look at Penal Code section 86: https://codes.findlaw.com/ca/penal-code/pen- sect-86/. I would also be concerned about threatening adverse action against a fellow Councilmember if they failed to vote your way on a certain item coming before you, but I am not an expert. Take a look at Penal Codes sections 165 & 518,
as well. FYI, I cannot advise you on any
defense if any future criminal matter comes of this, and have to represent the City as the municipal corporation.

From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 2:09 PM
To: Fenstermacher, Alan <[email protected]>
Subject: Re: please call me

Please call me

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Tony Blain <[email protected]
>
Sent: Wednesday, January 15, 2025 11:41:52 AM
To: Fenstermacher, Alan <[email protected]>
Subject: Re: please call me
1224 of 2175
July 1, 2025, Item #3

Brown Act?

Mayor Vaus parading my Pikus and DeHoff e mails

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Fenstermacher, Alan <[email protected]
>
Sent: Wednesday, January 15, 2025 11:40:33 AM
To: Tony Blain <[email protected]>
Subject: Re: please call me

EXTERNAL EMAIL
I am in back to back meetings until at least 130 - what is the topic?

On Jan 15, 2025, at 11:36 AM, Tony Blain <[email protected]> wrote:

please call me

Tony Blain
Councilmember
City of Poway
858-248-1509

1225 of 2175
July 1, 2025, Item #3

33 33

33 34
1226 of 2175
July 1, 2025, Item #3
Tony Blain © (bh &
You owe me an apology in 6 months when | am
kicked off Council and Jared or Vanessa is
FY 0) oe] ia «=e o)am AOLUM-laleM\c-lU;smel celal (-s 10:08 AM PNa li] ote) (ole \Ya ce) mw iat-1eara
Council is not voting you off.

It's the recall you have to watch out for
11:36 AM @
Wait till OCT 2025-you will ¢Q
eo) pmor-]c-M-] 0(010] mp <-\er-1| me [elelem [Ule) @e(-1ad fale] 2,900 signatures
And | will win Mayor regardless with all the
corruption 11:37 AM
NCoLUMS) sole] (eM aU lnm Ko) mm \VE-)\e) mem ole Mat-)-Melo)al-Msxe) nalecozame)amexele later m-mexe)anlanlelalias 11:41 AM
Tony Blain
Wait till OCT 2025 - you will
That's not how apologies work
You don't pre-order them. 7
11:43AM @

1227 of 2175
July 1, 2025, Item #3
© ay Tony Blain ©
Thu, Mar 6
Please send me DA investigator name and
fo) aredav=Wr-Ler-llaMem VLU TaM ox-lle ms WAtol0L0M Colm aaliirer-vareyn on 22 acre development when he was on
Council when everyone else in City paid 5-10
times more
Mane) @Zelems1ele)anlindiarem-lanacaliaremmc:)@mnZelem mY-lal1 entire City and public to know 7:13 AM
Mayor Vaus,
This is formal request asking you to resign.

You just cost City of Poway $20,000 legal fees
and maybe more than $100,000 in legal fees
due to your illegal activity allowing
Councilmember Pepin who did not live in
Poway to vote for Chris Pikus appointment to
Council.

Wendy, please post this as PDF slide for my
Councilmember presentation at next Council
meeting.

Councilmember Tony Blain
Fri, Mar 7
Mark Kelley- DA investigator
sill ol Bch olofonclezets}
10:22AM @

1228 of 2175
July 1, 2025, Item #3
Tony Blain © (h &
I’m starting Vaus Recall next month news
conference etc 10:33 AM
From: Tony Blain
Sent: Friday, March 7, 2025 7:31 PM
aKoveelolslam\Vieliiia
J Celalalaaleliiinm eLe\we- NZ z= lalele mere) sabe
Cc: Wendy Kaserman
<[email protected]>;
[email protected]
<[email protected]>; Steve Vaus
<[email protected]>
Subject: Highcrest Ct
me) daai=)m@xelelareliiant-laalel-lmielilian
b olU mo) ce) he =Xe Mice)anm'colelmel-0-1(e)o)aal-1n1mei Highcrest Court while you are on Poway City
(@fo) UT aed] Me) mama) (-14Ce)atsJall om Com ele] mer-Tanler-l(e ln) contributions to then-Mayor and
Councilmembers. You also paid less
mitigation costs as a result of the above. | am
pulling all of the above documentation and
1) o}anlindiare mimcom dal-mOr- lice) galt-WsVace)gal-\mel-lal-1e-]) io) mm ©) ge) oy-] 0) (= 8) cosst-(e10] d(e) ame) Mm Zel0] mr-)Le) al (el0ts activity and unethical behavior.

VR,
Tony Blain
Just got Army Commendation Medal 38:41 Pv

SY) Wn WV Fo) ats)
1229 of 2175
July 1, 2025, Item #3
Tony Blain @
Mon, Mar 10
(OF-T a MYole me [-1m nal-m-hak-Lelal-Loms}(e/al-\em alele-lapd-ve| affidavit specifically mentioning City AIETMENE
and/or City Manager? 2:24 PM
General Affidavit.pdf

61.6 kB c-Q0 PM ere Fe) V
| don't understand what you're asking for. You
want me to get Hazeltine to sign that in front
of a notary? Why would he agree to that?
6:21PM @
Call me 6:22 PM
Can't right now. Waiting for a dr appointment
6:29PM @
Not urgent 6:29 P!
Tue, Mar 11
Rutan & Tucker is using my deployment to kick
me off City Council - see your e-mail CNY,
bol Um c= melo) | ale m com ol-mo)ame@xelelaveli MUVidn Mc: 101 re] 0) oe) [al dnnt=almer-lacvom Ul tsxo)aMm iam e@lerce)el-lmyUar-le Fenstermacher kicks me off 5:52 PM

1230 of 2175
July 1, 2025, Item #3
€ om Tony Blain @
Wed, Mar 12
Unless I'm missing an email, | don't see where
they're trying to kick you off. They actually give
you details on how you can continue serving
remotely.

And why are you trying to be manipulative?
Bringing up Jared is supposed to scare me into
following your orders?
Jared never called me a "wallflower" who
(oKey-J ph ame lomr-lahvaanlialep
Jared hasn't accused me of joining the "Vaus
Swamp" and "Vaus Circus".

W-1a-1e me lol-\Jenme-|o)(eMilc-manlelia|e)(-m-lale] a] messages at me at 4 am.

Jared isn't the one who demanded that | speak
up for him when he wouldn't even show up to
meetings to defend himself.

Jared isn't the one who ignores, unfriends, and
blocks me whenever he feels like it and then
contacts me again only when he wants
something.

You are being abusive.

Please stop. | need to be able to work with you
but | won't put up with bring treated like this.
3:08 PM ©
Talk in person later
You are definitely missing it
You are very naive
Man me(o)iaye mom (-1mmcal-)nnme(omiansal-)am Ulam /(-)\e) ite 1231 of 2175
July 1, 2025, Item #3
Tony Blain © (h &
Maame(oyiave com (-1mcal-anmelomimdat-iMmiUiAM\t-)\e) ate entire City will be front page news when you
guys kick me off
ma (x= KoXome (0) pm mroxe) aue- (elm anl=w-ler-lin
You sit there and let them lie and manipulate
late mole mcr-hVmarelialiale
You're just as guilty as them 3:15 Pu
Turn these texts into Edmondson via PRR
3:19 PM
And only way to attend remotely is disclose my
location - nobody in military war zone overseas
is allowed to disclose their location —
therefore | am NOT allowed to attend remotely,
and you and Council will kick me off after 60
days “unexcused absence”
Vaus/DeHoff/Pikus and probably you will vote
that my absences are UNEXCUSED and you
will kick me off Council
CT-) mim ale aa
yNaYol Maamesidil mers lifiarems my ccliniCeh iis) mlareneleliatemeleye)s to door since you sit quietly while Vaus and
DeHoff and Hazeltine and Fenstermacher lie
on dais and you say nothing = that is the
definition of a wallflower 3:51 PM
Thu, Mar 13

1232 of 2175
July 1, 2025, Item #3
Tony Blain @
Thu, Mar 13
ol Uy-1(e LOM mit Lemme) pi Ox0)0] a (e1] Mem 8) (=¥-hsy-me) 81-18) Vole] mm nnieleheam-lalemcac- 1a ms) 0l-t-14/ale me) Om ce) my Uat-la ole Saaeh Wa smale lal!
laa oXso¥/AaT=>.4Ke (ole) mere) anVaeVamtsiar-ai dN M4101 @ ?utm_source=share&extras=
MjlI2MTU2NDk%3D&share_platform=10&
utm_campaign=1/741890325092 = 11:26 AM
By the way thank you for request to waive
attorney client privilege ... 1st nice honest thing
Nol Um at-hV{-melo)al-Macrer-lcellaremant-Mlamantealaars 12:10 PM
Chapter 2.04 CITY COUNCIL
codepublishing.com
From: Tony Blain
Sent: Thursday, March 13, 2025 3:14 PM
To: Fenstermacher, Alan
<[email protected]>
Cc: Wendy Kaserman
<[email protected]>; Patty Fletcher
<[email protected]>
Subject: illegal activity
Alan,
NCoLU MII C=xer-Vihvar-TaleMelatciaal(er-linvarcliven cco m= (OFo}e alors aat=1anlel=mcom'cec- Me) amerelelarel| MZ alemel(emareyt live in Poway. I'm quite sure you and Rutan and
Tucker researched every loophole you could to
(oom syomm ColUR-lale mele milanam-le-m-).40n-10n(-1hV
1233 of 2175
July 1, 2025, Item #3
< Message from Tony Blain
To: Fenstermacher, Alan
<[email protected]>
Cc: Wendy Kaserman <[email protected]>;
Patty Fletcher <[email protected]>
Subject: illegal activity
PNETIF
You illegally and unethically allowed a
Councilmember to vote on Council who did not live
in Poway. I'm quite sure you and Rutan and Tucker
researched every loophole you could to do so. You
and your firm are extremely unethical. Please
respond to Poway Municipal Code 2.04.070 C
below:
"Termination of residency in a district by a member
of the City Council shall create an immediate
vacancy for that Council district unless a substitute
residence within the district is established within
30 days after the termination of residency."
ALUN OSSPY/AWAW AN A exele (=) 0010) [ksiallale exe) aaVAG7-Va ecelW oh’ 7anidaal /Poway02/Poway0204.html
Chapter 2.04 CITY COUNCIL
Chapter 2.04 CITY COUNCIL Amended Ord. 872.

Sections: 2.04.010 Legislative body. 2.04.020
Compensation. 2.04.030 Planning Agency. 2.04.040
Redevelopment Agency.

WAY AWAexeYe {=} ol01e)FaliaveMexelan
| am formally asking you to immediately contact
the San Diego District Attorney and California
Attorney General with my e-mail and your actions
above.
(OxoUlareliian\=)anleys\msitclia

1234 of 2175
July 1, 2025, Item #3
¢ ay Tony Blain © (Ch &
You asked for this deployment.

You brought this upon yourself.

You create these problems and then you want
me to speak out for you?
Mel=\c-Jalol-o Myce] mani cole le) acoleiman(-Mer-lnn]ey-1(e)a melas cy darclOkcialale MMAOidi(=wmrclaeMmaatclal @(ctstom
| genuinely cared about you. I've lost sleep and
MV=1(e] ahaOnVc=) am aLOhWANYCOLUMA=MaUlialiave MYOlUlmhicm-lale your reputation. But you don't seem to care
lave MolUMa-Mexolaldialeliace me (oni amaat-msy-] pals
destructive path. | can't help you if you don't
help yourself. 8:53 PM @
| don't need your help or friendship - just vote
in best interests of Poway residents - | still
have support of >> 95% Poway residents - you
will find out NOV 2026
y-NaYolm nate (o)iave Wm (om ol-m ol-)ai-Yo1d hm at-]®)®)\ Ola a Council in 6 months when you and Vaus
cronies vote me off for “Unexcused Absence”
when I’m on INVOLUNTARY orders
Fri, Mar 14

1235 of 2175
July 1, 2025, Item #3
& ay Tony Blain © (h &
Just vote for best of Poway - you and | never
need to be “friends” - you voted for stupid
censure - we're never ok other than doing best
for Poway 12:05 PI
I’m out of politics forever if | lose NOV 2026
Mayor race
But | think you will be surprised at result
| know what 95% door to door still tell me
bolt ir- late msxeleit-1mant-velt-mel-lalem-ln-m Ih Olam A By the way, | don’t want to be on Council
unless we have 3 votes to fix corruption - it’s
complete waste of time 1:12 PM
Tony Blain
Just vote for best of Poway - you and | never need to
be “friends” - you voted for stupid censure - we're n...

How are you going to be mad about the
censure when you're the one who said (quite
cheerfully):
"Go ahead and vote against me. It won't matter.

I'll still be mayor."
And, that WAS the best thing to do for Poway.

You are out of control, costing the city tons of
money, and making my staff miserable. For
Ware l waren AU atclar-l c= mole mr-Lerexe)anle)itcjaliale ka 7:18 PM &

1236 of 2175
July 1, 2025, Item #3
Tony Blain @ (sh &
WIIGL!! VVIIdLt dic yuu AULULUVITIPISTIINNY £
7:18PM @
A.wrong! Corrupt Vaus is costing hundreds of es
TU aelUEst-Tale seststshs)
You are delusional
Run forMayor ¢Q
INYo) oXoXe hYar-le] c-\-tomW Za ele m=>.cex-] 01 Mole mm anliare) ai ay Yororr-]maai=1eik-Menl(e]0-m-lalem at-lantelar-mevali-1me)i staff 58 PM
Tony Blain
«wrong! Corrupt Vaus is costing hundreds of
thousands $$$$
aA VCoM UV ce)alelsmelelammantsl<-m-malelalt 8:42 PM @
You don't even have enough information to
discern whether or not I'm delusional. You're
never in the room to read the room.

Edited 10:35PM @
Tony Blain
Run for Mayor
You know | have no desire to be mayor. Yet you
keep saying this. | can only conclude that you
are again trying to be manipulative. 49-33 py @
S¥-] mV, Fe) a ke)
Ur blocked 8:44 Am

1237 of 2175
July 1, 2025, Item #3
2:32 all 5G @ »)
<4 Facebook
<O te) Jenny Catto Maeda \. @
DEC 21, 2024 AT 5:45PM
Fl VAs) aly eY-| ge Kozel al j
:

https://
www.sandiegouniontribune.com/
pomerado-news/news/story/202...
@ Poway Underground
WET AVS) a=] ef-1 ce fie) a)

Will a commission do a better job?
@ Poway Underground
Mary SH@AAGIS6RIOOTINGS —
BOULDER, CO 2021s EI

1238 of 2175
July 1, 2025, Item #3
2:32 wl 5G ©)
<4 Facebook
<O ea Jenny Catto Maeda . ox
https://
www.sandiegouniontribune.com/
pomerado-news/news/story/202...
@ Poway Underground

Mary Shepardson

Will a commission do a better job?
© Poway Underground
Mary SNEPAGIESHIOOTINGS
BOULDER, CO 2021 IERLAND SPRINGS, TX
MIDLAND-ODESSA, TX’ 2019 N
DAYTON, OH 2019
POWAY, CA 2019
PITTSBURGH, PA —
NASHVILLE TN: 2018
PARKLAND, FL. nel 9 AURORA, CO (2012

Making the national news. My
brother asks if Poway's wasn’t the
only one on the list with a single...
@ Poway Underground
60aG YF Aa ® &

1239 of 2175
July 1, 2025, Item #3
G 4A 52% 2:58
< co Heyavasiclia XY %m& i:

Mate)e\-m@rolavacaalelale
Thursday * 6:14 PM
How was conference?
Texting with Tony (SMS/MMS)
Good. You should have come
RCS chat with Tony
Mdalial.@ Manes).dle)e)iatem-V-lavasallaremelaltimn len’, PLOVION-> <or-) 0) Ore) 0 lave! Mant=\=1818\e}s 3)
NVV(Mor-laia me (okr-lanvataliavemantcr-laliareiielmelaidi Mu) have 3 votes
But there's so much to learn!
What about Carl thing on Monday?
Maamate)m-jax-varellalem-la\avaliace me laid] Romie) \=3 Except Term Limits & Recalls
6:59 PM
Neoltaliare Ralst=
Vv
o) [e, RCS message © th
< @

1240 of 2175
July 1, 2025, Item #3
@ A 52% 2:59
< co Heyaasiilia \ ee
Aiat-\var-lesmele)iare meen i-\ i Ay=1me] e)
aLNd OSH /AWAWAN Aer= ledl(@ Re) ge Acti tess¥AnarelIAVANlcossYaul(e) -attachments/resources Everyday Ethics
mae O Much elehi

BYoRY Ze) 0M at=\"{-me[elele m= \NVAYL=) a
Not in this area. | thought you had Carl's guy.

Manm-leysie-llaliavemacelaam BY I- [ale m BY-1e\0] Aye) Ko1s I’m not texting you anymore until this all
blows over - good luck on Council - talk in 23
months if | survive
WF) \<-mer-] a>)
Wednesday » 5:53 PM
sxe) [1 W(er=] @ANRKe) ga’ Oe) aVa side le tsm-r-](em Mellel mele) eTaNvavaliare mW ine) are
Masmareliiaremele)iate me)amsxeleri-]Muni-celt- ie) me
months - next thing you hear will be
announcement Term Limits is on 2026 ballot
Maamaveyar-lac-rare|iarem=laN Aine ‘ague CA Cities
meetings unless| winNc = 26
o) [es RCS message © th
< @

1241 of 2175
July 1, 2025, Item #3
@ 4 W52% 3:00
< co Heyaasiilia \ ee
Just met with Poway OnStage Executive
B)igqreivo)mrslar=)a (== MOM C-\-1k-7 ONC) mel TaN
Vaus & Hazeltine defunded them in 2022
took away $160-$220K/year / let’s refund
them second we get 3-4 votes on Council in
eo Mrateyaldats
ii alicmicm-Jalel0(e]ame-t-\sye)amoke(-1md (eRe) mi ml-y4-)iNlal~ Wednesday, Jan 15 * 2:25 PM
Hi, Peter,
| am writing to notify you and City Staff and
City Residents of Poway that | will be
recusing myself (or abstaining) from any vote
fo) als BY=) o}U) AYA \Y/=)\e ene) au BM es) o\=(ert=] =i (-Ye1d (ea p My e-mails to you never said | would trade
votes, but rather indicated my preference on
the above two matters. To make everything
extremely clear, | will recuse or abstain
myself from the two above votes at the
WW efexoyanliatemant=xoidiale p
Tony Blain
Councilmember UY
City of Poway
o) [e3, RCS message © th
< @

1242 of 2175
July 1, 2025, Item #3
GM 4A B51% 3:01
€ co Heyavasiclia XY om :

Tuesday, Jan 14 + 8:10 AM
ClWAGn
Please post this e mail as PDF or PowerPoint
as my last Councilmember initiated item at
Jan. 21 meeting:

Mayor Vaus, Councilmember Pepin,
Councilmember DeHoff,
WiVCEMVALIMatear=]i(e)\MVZele con -\i-1mr-]e) ele) alt
another Councilmember. You are threatening
1B) = (O10) -v-\@n -lare my inn] e)\vars)e)ele)iaiaiare) someone who will agree with you on battery
plants, DEVELOPMENT, and other self
serving interests instead of following the
wishes of the majority of Poway residents.

Council vacancies will always be handled
with the quickest possible Special Election
allowed by the Registrar of Voters. If you
ignore the will of the people, we will
aalant=xeltslX=)\alnt=@7\ mm MYZol0|ar-] 0) ele)]air-re) Councilmember and force a Special Election
by ballot initiative. In the future, we will
forever prevent Poway Mayors and Councils
from appointing Councilmembers by
changing Poway from a General Law to a
Charter City andinclude’ _e Charter a
provision stating that AL ure Council
a EN era So Ee Yr ce aa
o) (e, RCS message © th
< @

1243 of 2175
July 1, 2025, Item #3
@ A 51% 3:01
< co Heyaasiilia \ ee
eerie | Garey tere oe Sere cere ww
Charter City and include in the Charter a
provision stating that ALL future Council
vacancies with terms greater than 12 months
are ALWAYS filled by a Special Election.

DEMOCRACY will be the rule in Poway, NOT
BACK ROOM POLITICS and NOT PAY TO
PLAY.

Tony Blain
Councilmember
City of Poway
858-248-1509

Tuesday, Jan 14 * 9:55 PM
Were you able to log into the Bswift portal to
register for benefits?
Wednesday, Jan 15 » 9:21 AM
Yes
Texting with Tony (SMS/MMS)
No interest in talking to nasty 3
I'm doing driven for Jan..21 Council meeting
Tal xsial ale of-(e1@c}(e(-mxe (eles ay i edaame-lalem (crs) aiare second it's over
o) [es RCS message © th
< @

1244 of 2175
July 1, 2025, Item #3
@ A 51% 3:05
€ co Heyavasiclia XY %m& i:

I'm not sure what you're asking him for. Isn't
the budget available to view online?
The water fees are NOT in the budget
It’s hidden
| want to know where every dime goes
Can you meet with me and soon?
She did Poway Budget for 20 years. She will
explain what’s missing.

Sunday, Jan 12 « 8:48 PM
Is it maybe the cost allocation study that
you're looking for?
They were supposed to do one in Dec
according to Caylin but | haven't seen
TaNvasaliaem-lereeial
That won’t answer question where the water
fees go
It will only get fixed with Hazeltine gone
(ommallellalem[alie VY
o) [es RCS message © th
< @

1245 of 2175
July 1, 2025, Item #3
@ A 51% 3:05
< co Heyavasiclia XY %m& i:

If you answer “No,” we will immediately
RECALL you and for a D1 Special Election
ballot initiative for NOV 2025.

Tony Blain
Councilmember
City of Poway
858-248-1509

RCS chat with Tony
Sunday, Jan 12 * 12:18 PM
Had breakfast with ur neighbor ?
- u
hurt
Oh my gosh! You know was so
VVe)galsvem-|elelUimallaaMim(=ucwr) |i) (elaloy
Saw him at FRA
He hates Vaus :)
Sunday, Jan 12 + 4:44 PM
See your City e mail for ‘tine fireworks
o) (A, RCS message © th

< @

1246 of 2175
July 1, 2025, Item #3
@ A 51% 3:06
%
safety mitigation
Just E mailed Pikus:

You will only receive one question from me
Jan. 21: “Will you support immediate vote for
D1 Special Election if you are appointed?”
If you answer “No,” we will immediately
51s O7.\ i BV olUBr-]a le ie) ar- DY ms) o\-1e1-] 6 =l(-Yeud(e)a ballot initiative for NOV 2025.

Tony Blain
Councilmember
City of Poway
858-248-1509 V
o) [es RCS message
< @

1247 of 2175
July 1, 2025, Item #3
@ @ 4A 51% 3:08
< co Heyavasiclia XY %m& i:
b (o)U Mm ar=\o Ml Or-1a BoM Mat-| mcm e)g-inqva ele) (-18 10] Yes
| don’t want to owe anyone a favor when | get
elected Mayor — that way we can always do
ONLY what's best for Poway residents
| will get elected Mayor for crazy $5,000
TOTAL
You should attend BIA and everything else if
you're ever going beyond Poway - Congress?
Senate? Etc when your kids fly the coop
| don’t need any of them for Mayor
Mo) eswoymm \\- 1410) pt>]MC10l-]KeMeval-\nc-lmmolel-\yar-]elelu]t winds & fires - not sure if we’re getting
fo{=}e)(e\-1em (oler=] INV
Wednesday, Jan 8 ° 3:19 PM
ealial@u ice |Mer=]i Mim me), Wa isle lalele)garelere
Magazine - hitting you guys up on articles -
or maybe interviews? hir Vv of Poway
o) (es, RCS message © th
< @

1248 of 2175
July 1, 2025, Item #3
@ @ JA 50% 3:16
a co Heyaasiilia YK & :
| will find out ziecifics
SJel-relj ters
95% of the vote that got us elected is not the
SZO\WVE=\Aer (0 [U(= Me) @xe UV n-140-14 ml |p40)ale(ey4 me) (ice) ay) Cruse/Carruthers/Stavros - the average
Oowegian has no clue who any of those
people are
That's the political clique using the “bullying'
phrase - it will have ZERO effect on me being
Me [elelo M @rel0 | ater iant=]ame)me|-andiarem=)(-veax-1e MV I-N\ele Sunday, Jan 5 * 9:24 AM
https://ooway.org/442/Budget-Review

Budget Review Committee | Poway, CA - Official...

The purpose of the Budget Review committee shall be to
review the annual Operating Budget and Capital Improve... reYe\ VEN Ae) Ke]
| got 3 of 5 BRC members to quit - Vanessa
and Elizondo are stubborn and won't quit
unfortunately
v
o) (es, RCS message © th
< @

1249 of 2175
July 1, 2025, Item #3
@ GY A 49% 3:17
< co Heyaasiilia XY
NI<>ad lave Ti4 alm Ke)a\ al CSIIVESYANULIUESD)
Second paper is a good idea.

PNalic-m BY-1m scolerero mw || malelar-)|(e))\'a-]a\"Ze)aloesla\=) doesn't like to publish in Poway living
said wear athletic shoes tomorrow
| want new newspaper to cover 100% of
Poway and publish anyone
| published medical school newspaper with
Adobe Pagemaker soon know exactly how to
ofoit
The DeHoff & Vaus beatings will continue
Wlaidl Mante)e>)(emian] eee i=sy9)
Saturday, Jan 4 » 4:39 PM
Just be careful that you don't do anything
that makes you start looking like the bully
yourself. They ar tting to get you off.

Don't give them mmo.

RCS message

1250 of 2175
July 1, 2025, Item #3
@ @ A 49% 3:17
< co Heyavasiclia XY %m& i:
compete with Chieftain? News will be labeled
“News” and “Opinion” pieces like Gallant’s
recent sycophantic Vaus/DeHoff/Leland
fe{=xex-MUV71| mem (-]e1-1(-1e ms @)e)/ a} (ela oL0| aM O1O hme) pieces will be accepted. We will sell ads just
like Edmondson’s Green Valley quarterly
“magazine.” It will be super fun. All political
fe){=xex-ssmW 71m olom =] e\~1(-10 mm @) ©) [al(o)amansarele(e| ap Poway Chamber
Please note Lifetime Fitness Poway Chamber
KSM\ al | Maat) (e)me (o)ale)mr-laleMmalat-larersome)m me) T-\V (© at= 100) ol-1am (si-1-m ofelace)anm lial come) Mm tit-)(e)mele)ale)e<)) and Poway Living Magazine run by Poway
residents Anita Del Rocco and former
Fe}o) ofe)]alx=xem @xel6 ater lanl=ianlel=lmyavalit=m =e lanle)ale(sielan https://business.poway.com/list/member
/poway-living-magazine-10937

Mike Leland, stop your Chamber POLITICAL
activities and DISCONTINUE your
relationship with Lifetime Fitness. Majority of
Poway voters voted AGAINST Lifetime.

Poway Living Magazine
Poway Living, a Best Version Media publication,is a private iF=TanlINmalelie]alee)a arelele Ml o)0) o)|(or-\d(o) alana 0) al avon (ofer-) i i-Tnnll [(otouee business.poway.com NY
o) [es RCS message © th
< @

1251 of 2175
July 1, 2025, Item #3
@ @ A 49% 3:20
< co Heyaasiilia XY
Pa (eke) =] al=r- 10 i voey4 OPLo ba afe)'i'F-\Val (1-10 [=] go 0) 0) 00-1 Be Goals include new recreational amenities, a business
leadership group for the Chamber’s younger members, a...

WA AWAsts] ale (sxe (elelal(elaldal olUlat-mexe)an
After that article, it looks like Vaus and
DeHoff are digging in for a fight ... | will get
DeHoff Recall Initiative ready and
immediately file on Jan. 22 if DeHoff votes
wrong way on Jan. 21 Council meeting
Hey, are you free Sun morning?
and her neighbors set up this time. I'll be
there.

Sunday (1/5/25) 10:30A.M.

Thursday, Jan 2 » 12:58 PM
Sure
What's topic? Just meet & greet?
RCS chat with Tony
No, she want to show us what the city did to
her and her neighbors.

Texting witt. (CSIVESAMIVES)
[es RCS message

1252 of 2175
July 1, 2025, Item #3
* @ A 849% 3:20
<— co Heyaasiilia ee a:

Thursday, Jan 2 + 8:56 AM
WI->aalaleMiVid aM KO)aNVAESI\VESYALVIIES))
HAPPY NEW YEAR!
matcTavaliare M@xe)anianlisss1(618 tes ©) ben © P44 P40) Please review and give me feedback when
you have time ...

Here is draft of new Poway Planning
Commission ...
ald XSW) ele) iir=\vd e)telalaliave (exe)aalaalisssile)@Auce)ke| @laessts exe) a AVANY] ©bexexe) alt=) a0.) ©)(eys\e sy PAC PL Tale) rjexeWreyYd edie lalaliare(ee)aalaalistsiele
mre (1116 [ANK=NUAL=1 1 0X0Y= 180 fad ©)A(= Woe OM ban © PaO P20 00 1

We want 50-100 Poway residents (or more)
to give us input & edits (text me
858-248-1509) before we write Municipal
(Crore (== ale ms}r-] aa Ore) anlaalisssi(e)a mon e)ce)(-le1 mele s “City in the Country” from future
Wl atexe)al age) |(=1e R-]ale MU] at-10] o\-1aVdisi-1e Me(-1V/-1e)e)an(=Ja]t

Thursday, Jan 2 » 10:21 AM
(@laliciar-llaM|Ulsime le Rs\er0) oN Camm /-\U WA D\-15 [e)1i) Leland article
o) [es RCS message © th
< &

1253 of 2175
July 1, 2025, Item #3

TERM EXPIRATION
NAME

APPOINTED

TERM EXPIRATION
@ A 49% 3:21
%
From city website
12/31/26
Vacant
TBD
12/31/26
NAME Vacant

APPOINTED TBD
TERM EXPIRATION 12/31/26
NAME Vanessa Springett
APPOINTED 03/19/24
TERM EXPIRATION 12/31/25
NAME Cynthia Elizondo
APPOINTED 03/19/24
We're probably going to vote on New
members in Jan
https://poway.org/442/Budget-Review
Budget Review Committee | Poway, CA - Official...

The purpose of the Budget Review committee shall be to
review the annual Operating Budget and Capital Improve... poway.org
Texting with Tony (SMS/MMS)
Vv
RCS message

1254 of 2175
July 1, 2025, Item #3
@ @ A 49% 3:22
< a HKeyanasitclia XY om :
should be allowed to select their own BRC
member. This is not mandatory of course, but
fe)(=t---me (om dal-malelaimaaliale W-lale ma y(e]amr-lale! allow me to appoint my own Poway resident
to the BRC.

Tony Blain
Councilmember
City of Poway
858-248-1509

Jared’s immediate response:

Mat-\-m ale)m@ of-1-1pme)a i ia\- 0 3)1,(0m ce) a 0))(-1at-BVA-1-] | have asked you to stop harassing me via
=l{<Toude)al(omexe)anlaale|al(or=)a(e)alsm 0\-) il m1 al-]m@xeye(~) 653m. | will be filing a police report against
you now as | have previously warned you to
stop harassing me.

Mr Blain: Do not contact me.

For the City Attorney, | demand Mr. Blain as
an official representative of the City of Poway
cease and desist from using official city
resources to illegally harass me.

Jared Wilson NV,
o) [es RCS message © th
< @

1255 of 2175
July 1, 2025, Item #3
@ @ A 49% 3:22
< a HKeyanasitclia XY om :
meeting to dissolve current BRC and allow
newly elected Councilmembers to choose
their own BRC members. We should have
NEW BRC every time we have a new Council
election. Newly elected Councilmembers
should not have to be represented by BRC
members selected by previously appointed
Councilmembers or those just voted out of
office.

DEMOCRACY!!!
VOTE NOV 2025 & 2026!!!
Saturday, Dec 28 » 2:39 PM
Poway BRC
BRC Jared Wilson, BRC Vanessa Springett,
BRC Cynthia Elizondo, BRC John Couvrette,
BRC Nick Caruthers, BRC Pikus, BRC Polston,
and all BRC members tacitly approved
obscene WATER RATE INCREASES and Mayor
& Council salary increases WHILE elderly
1u.<-Xo mM [alexe)an{om-]ale Mold a(-)¢oMor-]a maven (e)ale(-lmr-liie)@e! to live in Poway with $2,000 monthly water
bills - we need new TRANSPARENT HONEST
BRC members who will speak up instead of
rubber stamping “Budg
o) [es RCS message © th
@ @

1256 of 2175
July 1, 2025, Item #3
@ eM A W48% 3:27
€ a Heyavasiclia XY om :

Happy Holidays, or anything else positive. I’m
here to wish you all Happy Holidays and a
Prosperous New Year.

I’m also here to respond to the Mayor’s
challenge to have me show proof of
Vice) ale(ele)| ale Mela mallow el-]a eum (omel-\-Manl=m-l o)ale alc number of the San Diego Attorney’s office
elu} mel(omaleymel\Z-Minlomelnntomcom)\Zal\-Mime(e)\ 70mm am very sad that | cannot find any “Proof” of
the Mayor’s wrongdoing, but | thought |
would post all of his Form 460s for last 14
years showing all DEVELOPER and OUTSIDE
(©) a m@) i". xer=l an] era )ie amexe)altaloleli(eatcm elem atels received.

This Mayor practices “PAY TO PLAY”
feXe) id (exw ie (om oL-1ac-Youd Val (-Yel=]i-1a(eMara\omel-1-18 fe} g-\eud(ex-1o Mi ae)(0 @1a](er-\e(ofm M-\-MAV(-1er-|-ymr=] 816) other places, but I’m here to say IT’S NOT
GOING TO HAPPEN IN POWAY.
| asked the Mayor and other
Councilmembers to sign a Code of Conduct
stating they would not take campaign
contributions from DEVELOPERS, BATTERY
PLANTS, etc. then vote YES on their
developments, and he REFUSED.

STOP NOW!!! NO MORE BACK ROOM
POLIMICS.

Old military idiom: “The beatings will
continue until moraleim WY s”
o) [es RCS message © th
< @

1257 of 2175
July 1, 2025, Item #3
< &) ieya\vasif-lle os
I’m still not attending Jan. 29-32 — not being
too public until NOV 2025, when you will see
fo)dsmeoym->.colidiare msde i nmat-]©)el-)allale mam me) T=)

Saturday, Jan 18 » 5:29 PM
Texting with Tony (SMS/MMS)
Tell Barry Leonard we said Hi & we miss him
RCS chat with Tony
Sunday, Jan 19 « 11:18 AM
Vaus will be recalled within 90 days
1258 of 2175
July 1, 2025, Item #3
a
Ly ¢ or iKeya\a=ii-lia
Manlce|aim el-me)nm@xe)0 lao] Mim me(-im-10(-10 (Man mare)! SJ ol-raleliale me)al=mellal-me)amialis) pu eleim Manmr-) dare Baus & DeHoff with me
You will have 3 votes regardless
Monday, Jan 20 » 6:09 PM
Are you getting any City Council updates
from City on Poway fire
RCS chat with Tony
\Toym olU mYZolUmor-]amel-1m@0] ole l-1e-\-mal-1i—e
aad essw/ce)e) emu celcerale (UhNAe)ge lA

C
Tap to load preview
Texting with Tony (SMS/MMS)
City should give its leaders updates

1259 of 2175
July 1, 2025, Item #3
& ap ieyava=itclia XY
Tuesday, Jan 21 + 8:36 AM
(@r-}a Moxe}anlant=1alsialem-)ele)0 | m=) ess\-1aler- me) mel0m-lalem at his Poway event this week - sycophants
Couvrette , Leland, and few others there
I'm not attending any events next 2 years / |
am knocking 12,000 or more doors / I'm so
tired of parties & "power cliques" choosing
who we elect - Poway residents will decide -
it's that simple
And | need zero $$$
Tuesday, Jan 21 + 2:40 PM
I'm serving Vaus with Recall Notice quietly 5
min before meeting starts
Tuesday, Jan 21 + 3:51 PM
Shit Pepin can vote

1260 of 2175
July 1, 2025, Item #3
€ > Heya\va=iielia oa
Please consider NOT voting to Censure me

I'll probably resign if you censure
(CTeyere ml [Ule).e)am @xe)ul altel!
RCS chat with Tony
Texting with Tony (SMS/MMS)
malctets{oMe (0) aim Mer-]| Manlcmr=ler-][a me).
ds

| really don't want to. But | won't know until |
see exactly what they come up with.

1261 of 2175
July 1, 2025, Item #3

Tony Blain @ (h &
Thu, Jan 23
| did things | am being Censured for BEFORE |
got elected - | have not had one single negative
City staff interaction except for telling City
WWFeTak=le(=)mr- Tale m@aiavaY/t-latclel-1m maalial @axeniiceby would be better served without their continued
employment - this does NOT rise to public
politically motivated Censure of duly elected
Councilmember
Do your research and make informed decision
- that is fair request 4:56 PM
a
| literally have not entered City Hall since | got
elected
How can | have a negative City staff
interaction 8:10 PM
Fri, Jan 24
WM alcelecelam-ianr-liemmMalaelele|amelelmere)aalpat-lalesw-| council meetings. You did say you went into
City Hall and told Carrie to resign.

You'll have a chance to defend yourself but
NZolUMoMm at-hY{-m Comoro) aa(-m CoM dal-m ance p
I'm reading about censure now. It doesn't
SolUl atom IL <omslayvataliare mantel ecm ar-lam-mel=el(-1e- idle) ame) | (ol Es¥-] 0) 9) ge)Vc-1 8 2:29AM ©@
| never asked her - | mentioned it to her staff, Vv
Vale Melle M| =) =f lO) 04m elolm-)(-\e1K-\e|

1262 of 2175
July 1, 2025, Item #3

Tony Blain © aw

3:95 AM
Hazeltine, Fenstermacher, and City Clerk need
to be fired for their ACTIONS- asking them to
resign or be removed for good of Poway is not
harassment 3:59 AM
| will not be speaking one word
| will speak to 47,000 Poway residents in
person grassroots at their door - real people
talk eye to eye shaking hands in person not
texting not Council speeches disallowing other
person from speaking
You have become part of the Vaus circus
4:16 AM

1263 of 2175
July 1, 2025, Item #3

34 34

34 35
1264 of 2175
July 1, 2025, Item #3
1 From: Carrie Gallagher <[email protected]>
Sent: Wednesday, January 29, 2025 8:05 PM
To: Fenstermacher, Alan; Chris Hazeltine; Wendy Kaserman Subject: RE: PRR 2025-020 Kirkland, William - Blain Declines Affidavit Attachments: Re: PRR 2025-017 Smith, John
I am offended, uncomfortable and feeling intimidated by Mr. Blains most recent accusation in his attached response to my request that he complete and submit an Affidavit pertaining to PRR 2025- 017 Smith, John. In the past few months, Tony Blain Councilmember and Tony Blain Poway resident has placed unrealistic demands on me and on the office of the City Clerk, commandeering this office and staff to assist in compiling documentation for his own retaliatory, vindictive motives and in doing so has disrupted my/our ability to do our job(s).

As the City of Poway website states, the City Clerk is committed to excellent customer service, quick and easy access to public records. For a Councilmember/Public Official to assert otherwise in a public document “It is noted that you refusing to perform all PRR’s” is not only a false allegation but is slanderous.

Following a request by me, made in the normal course of business asking Councilmember Blain to search his personal devices for City related writings as it related to a California Public Records Act Request submitted by a member of the public, Councilmember Blain admitted in email to having potentially committed a crime when on January 22 he stated, “All texts were deleted weeks ago”. Then the following day on January 23, he emailed me stating “I decline to answer or respond to any more of your e mails ever. I will only respond if legally required.” Councilmember Blains latest accusation that I am “refusing to perform” my job in addition to his earlier accusations that “I am less than forthcoming with every single communication”, “you are extremely political” feel retaliatory towards me personally and I consider his comments to be a direct attack on me personally and professionally. He has created a hostile work environment here in the City of Poway for myself as well as for my two direct reports, Ellis Webster and Jazmin Fisher.

If these false statements/accusation made by Councilmember Blain are made public by way of a Public Records Request or by Councilmember Blains own doing, they pose potential harm to my career and professional reputation as a Certified Municipal Clerk.

Carrie Gallagher, CMC
City Clerk
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4535
[email protected]
1265 of 2175
July 1, 2025, Item #3
2 From: Wendy Kaserman <[email protected]>
Sent: Wednesday, January 29, 2025 4:12 PM
To: Carrie Gallagher <[email protected]>
Cc: Fenstermacher, Alan <[email protected]>; Chris Hazeltine <[email protected]>; Fenstermacher, Alan <[email protected]>
Subject: Re: PRR 2025-020 Kirkland, William - Blain Declines Affidavit

Has Jenny responded to the affidavit request (sorry if I missed that email)?

Sent from my iPhone

On Jan 29, 2025, at 4:06 PM, Carrie Gallagher <[email protected]> wrote:

See attached:

I won’t continue to keep sending you these however, this seems to be a pattern now. I will however continue to send affidavits to CM Blain & will keep his responses on record.

Carrie Gallagher, CMC
City Clerk
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4535
[email protected]

<mime-attachment>
1266 of 2175
July 1, 2025, Item #3

35 35

35 36
1267 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Subject: Re: PRR 2025-017 Smith, John
Date: Friday, January 31, 2025 1:28:59 PM
I have no idea what you are talking about
Again you are wrong and I am perceiving this as your attempt to threaten and intimidate me Please stop now
All of my e mails are extremely objective and respectful Please stop threatening me

Please note that our email communications are subject to public disclosure Thank you for reaching out. I will be reading this at my earliest opportunity.

Unfortunately I will not be able to respond via email. Call my cell phone 858-248-1509 if you want to speak or meet privately (please do NOT text).

Please note that City Councilmembers are not allowed to speak to any City staff on your behalf — we are only allowed to speak to the City Manager in the Poway Council- Manager form of city government.

Thank you for being actively involved — it is very much appreciated. Please also consider speaking at Public Comment at the next Council meeting 7 pm City Hall.

Please also e-mail each Councilmember, City Manager, and City Attorney (always CC:
me on these communications) so they can all research and respond appropriately. All of their e-mails can be found on Poway City Council web site below. https://poway.org
Tony Blain
Councilmember
City of Poway
858-248-1509
Complaints
If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall).

General Service Request
1268 of 2175
July 1, 2025, Item #3
https://poway.org/270/Service-Request
Water

https://poway.org/317/Water

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Chris Hazeltine <[email protected]>
Sent: Friday, January 31, 2025 1:25:31 PM
To: Tony Blain <[email protected]>
Subject: RE: PRR 2025-017 Smith, John

Councilmember Blain-

As a reminder, per the Poway Municipal Code and the terms of my employment agreement, councilmembers are required to treat staff members with respect.

If you have concerns about staff
performance, those concerns need to be directed to me, not to individual staff members. I cannot and will not tolerate any personal attacks against our staff. The City Clerk is a certified and credentialed professional, your highlighted statement below is especially troubling as it is an attempt to tarnish her professional reputation; please stop!

I am aware of your recent communications with the City Clerk regarding public records requests, as well as communication regarding your efforts to recall Mayor Vaus; you are obviously free to continue to engage with her office in this regard.

The Clerk’s Office will appropriately respond to
your efforts on ballot measures, recalls, and requesting or responding to public records requests.

While you may communicate with the Clerk directly, you may not provide any direction. As has been explained on numerous occasions, staff cannot provide assistance with ballot measures or recall efforts.

While the City cannot provide legal advice on these efforts, we have on several occasions suggested you may want to speak to an elections attorney to provide you with guidance on these processes and the required documents.

Last week’s notes referenced the numerous outstanding public records requests with quite literally thousands of records to review; this will take significant time to process.

Staff does not refuse to fill
public records requests, but they can take the necessary time and under state law we are not required to create records that do not already exist.

1269 of 2175
July 1, 2025, Item #3

From: Tony Blain <[email protected]>
Sent: Wednesday, January 29, 2025 4:23 PM
To: Carrie Gallagher <[email protected]>
Subject: Re: PRR 2025-017 Smith, John

It is noted that you refusing to perform all PRR’s

Please note that our email communications are subject to public disclosure

Thank you for reaching out. I will be reading this at my earliest opportunity.

Unfortunately I will not be able to respond via email. Call my cell phone 858-248-1509 if you want to speak or meet privately (please do NOT text).

Thank you for being actively involved — it is very much appreciated. Please also consider speaking at Public Comment at the next Council meeting 7 pm City Hall.

https://poway.org

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall).

General Service Request

https://poway.org/270/Service-Request

Water
1270 of 2175
July 1, 2025, Item #3

https://poway.org/317/Water

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Carrie Gallagher <[email protected]>
Sent: Wednesday, January 29, 2025 4:17:20 PM
To: Tony Blain <[email protected]>
Subject: RE: PRR 2025-017 Smith, John

Councilmember Blain,

To complete and closeout this search, I have attached the required affidavit for your review and signature per Alan’s Confidential Monday night memo. Please print, sign, check the appropriate box(s) that pertain to this specific request and return to me OR you can use Adobe to add a digital signature and mark the appropriate box(s) prior to returning to me.

· This is a new Affidavit, specific to the PRR noted in the Subject line.

Respectfully,

Carrie Gallagher, CMC
City Clerk
13325 Civic Center Drive
Poway, CA
92064
(858) 668-4535
[email protected]

City Hall is closed every other Friday. Please see City Calendar for dates.

*Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.*

1271 of 2175
July 1, 2025, Item #3
From: Tony Blain <[email protected]>
Sent: Thursday, January 23, 2025 5:57 PM
To: Carrie Gallagher <[email protected]>
Subject: Re: PRR 2025-017 Smith, John

Completed

I do not use my private e mail or devices or social media for “City Business”

I will read EVERY E-mail but I will not be responding to any further City e mails but I’m very happy to speak if you call my cell phone below - no texting please. And we can always meet in person.

Thank you for being actively involved — it is very much appreciated / please also consider speaking at Public Comment at the next Council meeting 7 pm City Hall

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

Thank you for e-mailing me. I look forward to meeting you soon. If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall).

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so 1272 of 2175
July 1, 2025, Item #3
they can all research and respond appropriately. All of their e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail them all in 2 weeks for response if they do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Carrie Gallagher <[email protected]>
Sent: Thursday, January 23, 2025 5:53:27 PM
To: Tony Blain <[email protected]>
Subject: PRR 2025-017 Smith, John

Good afternoon Councilmember Blain,

Action is required on your part regarding the attached request for records:

Per the attached Public Records Act request, as required by City of San Jose v. Superior Court of Santa Clara County (2017) 2 Cal.5th 608, the Clerk’s Office asks that you search: All text messages, emails on personal/private email accounts, social media direct messages, voicemails, and any other communications, regardless of the type of device or account, sent or received by Councilmember Blain in anyway relating to City of Poway business from December 17, 2024 through January 22, 2025.

The standard for relating to City business is as follows:

“Whether a writing is sufficiently related to public business will not always be clear. For example, depending on the context, an email to a spouse complaining “my coworker is an idiot” would likely not be a public record. Conversely, an email to a superior reporting the coworker's mismanagement of an agency project might well be.

Resolution of the question, particularly when writings are kept in personal accounts, will often involve an examination of several factors, including the content itself; the context in, or purpose for which, it was written; the audience to whom it was directed; and whether the writing was prepared by an employee acting or purporting to act within the scope of his or her employment.” The communication must “relate in some substantive way to the conduct of the public’s business,” 1273 of 2175
July 1, 2025, Item #3

Please note that deleting any public records less than two years old is illegal, including on private accounts.

Following the completion of your search, please provide confirmation in writing that your search has been completed and all responsive records have been provided to the City Clerk.

Please hand deliver or reply to this message with attached applicable pdf’s, screenshots, etc.:
on or before end of business day Tuesday January 28.

Thank you,

Carrie Gallagher, CMC
City Clerk
13325 Civic Center Drive
Poway, CA
92064
(858) 668-4535
[email protected]

City Hall is closed every other Friday. Please see City Calendar for dates.

*Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.*

1274 of 2175
July 1, 2025, Item #3

36 36

36 37
1275 of 2175
July 1, 2025, Item #3
From:

Sent:

To:

CC:

Subject:

Tony Blain
Councilmember
City of Poway
858-248-1509
Tony Blain
Sunday, December 29, 2024 1:56 PM PST
Chris Hazeltine
Jenny Maeda; Fenstermacher, Alan
Re: Nextdoor
From: Tony Blain <[email protected]>
Sent: Sunday, December 29, 2024 1:54:51 PM
To: Chris Hazeltine <[email protected]>
Cc: Jenny Maeda <[email protected]>; Fenstermacher, Alan <[email protected]> Subject: Fw: Nextdoor
Chris,
Please file police report on - . I feel threatened and harassed. He has done this entire 2 years I have been running for office. I would like police officer to go to his house and speak to him if you feel it is appropriate.

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 1:23:22 PM
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor

EXTERNAL EMAIL
Blain
Before i forget this is a city website paid for by the taxpayers. I am a taxpayer. This will be my only form of correspondence as it's linked to the city. So I guess if you want to file the police report go ahead I'm not sure for what. I've done nothing wrong. I am just asking that you stop your awful behavior as a City representative on Nextdoor. This is a pretty simple request from a taxpayer.

On Dec 29, 2024, at 13:14, > wrote:

You are now a public servant I am not harassing you whatsoever. I am forwarding this -e mayor and city council as I take this as a threat
7 of 24 ATTACHMENT B February 4, 2025, Item #9
1276 of 2175
July 1, 2025, Item #3
On Dec 29, 2024, at 13:11, Tony Blain <[email protected]> wrote:
-I am formally asking you to stop harassing me via my Poway e-mail. I will file a police report next time you do it.

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 1:00:31 PM
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor
You don't often get email from . Learn why this is important EXTER1 AL EMA IL
Blain
You're a bully you have been doing it on next door for years. Now you are a public servant. So I am formally asking you to knock it off !
8 of 24
On Dec 29, 2024, at 12:49, Tony Blain <[email protected]> wrote:

Not bullying - factual
Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 12:11:54 PM
To: Tony Blain <[email protected]>
Subject: Nextdoor
[You don't often get email from
https://aka.ms/LearnAboutSenderldentification ]

EXTERNAL EMAIL
Blain
. Learn why this is important at
Just wanted you to know that I had 2 of your posts on next door taken down due to bullying! I February 4, 2025, Item #9
1277 of 2175
July 1, 2025, Item #3
9 of24
saw the messages to And they were totally out of line. You are now a servant of the City. Your bullying tactics will not be tolerated anymore. You are now on record as to everything you do that has to do with my city !
Worry about your district and the promises you made to them. -
February 4, 2025, Item #9
1278 of 2175
July 1, 2025, Item #3
From:

Sent:

To:

Subject:

Tony Blain
Friday, January 3, 2025 4:56 PM PST
Fenstermacher, Alan; Chris Hazeltine
Re: Unable to Access Your Mayoral Campaign Social Media • I am formally asking you to stop harassing me via electronic communications per Penal Code 653m. If you communicate with me in any way again, I will file a police report.

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Tony Blain <[email protected]>
Sent: Friday, January 3, 2025 4:56 PM
To: Fenstermacher, Alan <AFenstermacher@rutan .com>; Chris Hazeltine <CHazeltine@poway .org> Subject: Fw: Unable to Access Your Mayoral Campaign Social Media Please assist me filing restraining order against this person. I feel unsafe .

Please also assist me filing a police report as I have asked this person to stop harassing me via electronic communications per Penal Code 653m.

Tony Blain
Council member
City of Poway
858-248-1509
From:

Sent: Friday, January 3, 2025 4:49 PM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Unable to Access Your Mayoral Campaign Social Media Some people who received this message don 't often get email from E.\ .. "TERl ALE , L-VL
Councihnernber Blain
. Learn why this is important
I have been unable to access your Facebook page Tony Blain Poway Mayor 2026 and there is indication that I arn being blocked . You apparentl y have another related Facebook page which I'm also unable to access . As a District 2 resident , I would like your assurance that I arn not being blocked on a social media site where you are discussing your intentions concerning your ctment issues before the council and issues clue to come before the council in the near future.

I look forward to hearing from you soon.
- ~
13 of 24 February 4, 2025, Item #9
1279 of 2175
July 1, 2025, Item #3

36 36

36 38
1280 of 2175
July 1, 2025, Item #3
Amended Agenda
Adding ltem #11
AG |- N DA Poway City Council ;
Council Chamber | 13325 Civic Center Drive | Poway, CA | 92064

February 4, 2025 | 7 p.m.

Thank you for participating in your local government and the City of Poway Council meetings.

Meetings | 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 | 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 | 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 | This agenda contains a brief summary of each item the Council will consider.

The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City’s website at www.poway.org. Sign up at https://poway.org/list.aspx to receive email notifications when City Council agendas are published online. Items listed on the agenda with a “#” symbol are in preparation.

PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting.

American Disabilities Act Title 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 Il. 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 Peter De Hoff Tony Blain Jenny Maeda Christopher J. Pikus Mayor Deputy Mayor Councilmember Councilmember Councilmember 1281 of 2175
July 1, 2025, Item #3
Reminder | 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:

Fire Department Presentation
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. 2.

Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda Acceptance of the Midland Road Safety Improvements Project with HMS Construction, Inc., as Complete
Acceptance of the Traffic Signal Controller Upgrades Project with Econolite Systems, Inc., as Complete
Award of Agreement to Queen City Glass Co. for Public Facilities Renovation Window Replacement at the Water Treatment Plant
Award of Agreement to Division 8, Inc. for Public Facilities Renovation Window Replacement at Old Poway Park
Award of Agreement to D Ill Transport Corp. for Trucking and Operator Services; RFP No. 25-007 Award of Agreement to ACCO Engineered Systems Inc. dba ACCO Engineered Systems for Chiller Replacement; Bid No. 25-006
ORDINANCES FOR INTRODUCTION: None

2 of 3 Regular City Council Meeting February 4, 2025
1282 of 2175
July 1, 2025, Item #3
PUBLIC HEARINGS:

8. Tentative Parcel Map (TPM) 21-002, known as Southern Hills Pointe, a Request to Subdivide One Vacant Parcel into Three Single Family Residential Parcels (APN 321-200-48) City Manager’s Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution approving TPM 21-002.

STAFF REPORTS: None
WORKSHOPS: None
COUNCIL-INITIATED ITEMS:

9. Censure of Councilmember Tony Blain
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))

CITY MANAGER ITEMS:

CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)

CLOSED SESSION:

10. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code section 54956.9(d)(2) - Significant Exposure to Litigation Number of Matters: Three (3)
Three (3) Personnel Complaints

11. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code section 54956.9(b) - Significant exposure to litigation and Initiation of Litigation Government Code section (8 54956.9(c)) Number of Matters: Two (2)
ADJOURNMENT:

State of California )
) ss. AFFIDAVIT OF POSTING
County of San Diego )
I, 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 January 31, 2025.

Said meeting to be held at 7:00 p.m., February 4, 2025, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall.

Anni afer!
Carrie Gallagher, CMC, CitylClerk

3 of 3 Regular City Council Meeting February 4, 2025
1283 of 2175
July 1, 2025, Item #3
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

CONTACT:

February 4, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Servicesq
Miguel Solano, Assistant Engineer
858-668-4653 or [email protected]

CITY COUNCIL
SUBJECT: Acceptance of the Midland Road Safety Improvements Project with HMS Construction, Inc., as Complete
Summary:

On June 18, 2024, the City Council awarded the Midland Road Safety Improvements project contract to HMS Construction, Inc., Bid No. 24-004, in the amount of $320,000.00. This action will accept the project as complete.

Recommended Action:

It is recommended the City Council:
1) Accept the Midland Road Safety Improvements project, as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $16,000.00 if unencumbered, 45 days after City Council acceptance;
4) Release the Liberty Mutual Insurance Company Bond for Material and Labor in the amount of $320,000.00 after the release of retention; and
5) Retain the Liberty Mutual Insurance Company Bond for Faithful Performance for a period of one (1) year.

Discussion:

In support of the Traffic Safety Committee recommendation, on October 17, 2023, the City Council budgeted funds to install improvements along Midland Road to address pedestrian safety after several residents expressed concerns related to speed and other traffic related issues. The City's traffic consultant, Kimley-Horn, assessed the condition and prepared the bidding documents to replace existing warning signs with fluorescent yellow-green signs, install rapid flashing beacon signs and place a speed feedback sign along Midland Road between Norwalk Street and Putney Road. All these improvements have now been successfully completed, and their effectiveness will be evaluated one year after City Council acceptance to ensure they achieve the intended safety objectives. 1 of2
1284 of 2175
July 1, 2025, Item #3
HMS Construction, Inc., has completed all work in accordance with the contract plans and specifications. There were no change orders for this project. The final contract amount is $320,000.00.

Environmental Review:

This action of acceptance of public improvements that have been completed, which was the subject of a prior environmental determination, is not considered a Project pursuant to Section 15378(b)(S) of the California Environmental Quality Act (CEQA) Guidelines and therefore no further environmental review is required.

Fiscal Impact:

There are sufficient funds available in the project account (ST002) for the release of retention. Funds remaining in the project at year end will be returned to the Capital Improvement Fund for use on other projects.

Public Notification:

None.

Attachments:

None
Reviewed/ Approved By:

Wendy.,kaserman
Assistant City Manager
2 of2
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
1285 of 2175
July 1, 2025, Item #3
AG EN DA REPORT City of Poway
DATE:

TO:

FROM:

CONTACT:

February 4, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services Cf
Miguel Solano, Assistant Engineer
858-668-4653 or [email protected]

CITY COUNCIL
SUBJECT: Acceptance of the Traffic Signal Controller Upgrades Project with Econolite Systems, Inc., as Complete
Summary:

On January 16, 2024, the City Council awarded the Traffic Signal Controller Upgrades project contract to Econolite Systems, Inc., Bid No. 24-001, in the amount of $519,551.72. This action will accept the project as complete.

Recommended Action:

It is recommended the City Council:
1) Accept the Traffic Signal Controller Upgrades project, as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $26,161.17 if unencumbered, 45 days after City Council acceptance;
4) Release the Fidelity and Deposit Company of Maryland Bond for Material and Labor in the amount of $523,223.34 after the release of retention; and 5) Retain the Fidelity and Deposit Company of Maryland Bond for Faithful Performance for a period of one (1) year.

Discussion:

This project is part of an annual program to replace outdated traffic equipment as necessary to maintain uninterrupted operations of the City's traffic signals. The Public Works Department operates and maintains 56 signalized intersections in the City of Poway. Forty-three of the signalized intersections had type 170 controllers, which is the first generation of computer controller for signals in California. The type 170 controller has been discontinued resulting in difficulty finding replacement parts and lacks functionality of modern signal controllers. This project replaced the obsolete controllers with type 2070 controllers and installed the necessary fiber and network switches to improve traffic signal communications and integration with the City's traffic management systems.

While the City is exploring adaptive signal technology at select intersections as part of a separate 1 of2
1286 of 2175
July 1, 2025, Item #3
effort, this project focused solely on upgrading existing controller infrastructure and did not include the implementation of adaptive signal technology.

This action accepts the Traffic Signal Controller Upgrades project as complete. STC Traffic, Inc. assisted with construction support services, providing signal timing conversions for each new controller and turn-on support ensuring proper traffic signal operation during construction. Econolite Systems, Inc. has completed all work in accordance with the contract plans and specifications. The single change order, in the amount of $3,671.50, consisted of installing controllers at five locations that were not part of the project scope. Additionally, the change order included the installation of power receptacles at four locations to provide the necessary power supply for the additional equipment being installed at these locations. The final contract amount is $523,223.34.

Environmental Review:

Fiscal Impact:

There are sufficient funds available in the project account (ST012) for the release of retention. Funds remaining in the project at year end will remain in the account to be combined with future appropriation for this annual traffic signal program.

Public Notification:

None.

Attachments:

None
Reviewed/Approved By:

I
-~ R;✓~ L------------~
Wenfu! Kaserman
Assistant City Manager
2 of2
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
1287 of 2175
July 1, 2025, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
February 4, 2025
Honorable Mayor and Members of the City ~~ncil
Eric Heidemann, Director of Public Works /4 ~
Michael Obermiller, Public Works Operations Man~
(858) 668-4722 or [email protected] ~

CITY COUNCIL
Award of Agreement to Queen City Glass Co. for Public Facilities Renovation Window Replacement at the Water Treatment Plant
An informal request for proposals for Public Facilities Renovation Window Replacement at the Water Treatment Plant was requested on June 13, 2024, by the City of Poway (City). Bids for the project were solicited directly from a pre-approved list of contractors under California Uniform Public Construction Cost Accounting Act (CUPCCAA) for public works projects under $220,000. City staff (staff) contacted CUPCCAA registered companies to provide proposals for the window replacement project at the Water Treatment Plant. One (1) proposal was received and reviewed by staff. Staff determined Queen City Glass Co. to be qualified to provide this service to the City.

Recommended Action:

It is recommended City Council award the Agreement for Public Facilities Renovation Window Replacement at the Water Treatment Plant to Queen City Glass Co. in the amount of $156,520 and authorize the City Manager to execute the necessary documents.

Discussion:

As part of the annual budget process, funds are allocated for capital projects through the Capital Improvement Program (CIP) for investment in City infrastructure, including City facilities. During the Fiscal Year (FY) 2023-24 budget process, funds were allocated to Public Facilities Renovation (MN040).

It was determined a portion of the funds would be utilized for window replacements at the Water Treatment Plant.

The windows at the Water Treatment Plant have reached the end of their useful life. The Water Treatment Plant, originally constructed in 1968, still contains its original windows. The proposed project involves replacing twenty-two (22) exterior windows of the office building. The existing windows are no longer functioning effectively due to ineffective seals and inadequate insulation, 1 of20
1288 of 2175
July 1, 2025, Item #3
resulting in drafts and reduced comfort for staff working within the building. Replacing the windows will enhance energy efficiency and reduce ongoing maintenance requirements. The estimated construction timeline is 15 working days, with no impact to the Water Treatment Plant's operations.

Under CUPCCAA, alternative bidding procedures are available for public project work performed by contract. For projects valued at $220,000 or less, informal or formal bidding methods can be used, as specified in Sections 22032{b) or {c) of the California Public Contract Code. The City is a participant in CUPCCAA, which facilitates the use of informal bidding procedures for public works projects under $220,000. In accordance with this process, staff reached out to pre-approved contractors and requested six (6) proposals. A job walk was provided and attended by all six (6) contractors. Of the six (6) contractors that attended the job walk, one (1) proposal was submitted due to the project's complexity, as the windows have custom dimensions and configurations that present challenges beyond those typically encountered in a standard window replacement. Staff reviewed the proposal submitted by Queen City Glass Co. who was determined responsive. Based on the received proposal and the work needed to complete the project, Queen City Glass Co.'s price is fair and reasonable, and Queen City Glass Co. is qualified to carry out the work. Staff recommends the Agreement be awarded to Queen City Glass Co. for labor and materials to replace the windows at the Water Treatment Plant's office building in the total amount of $156,520.

A copy of the proposal is on file with the Public Works Department.

Environmental Review:

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

Fiscal Impact:

The Public Facilities Renovation project (MN040) includes sufficient funding to award the noted Agreement for the window replacement project at the Water Treatment Plant for the recommended amount of $156,520. The City proactively planned for this window replacement project as part of the budget development process for the FY2023-24 budget, which resulted in unspent funds being rolled into the current FY2024-25 budget, with funds appropriated from the Capital Improvement Fund (1060).

Public Notification:

None.

Attachments:

A. Standard Agreement
Reviewed/Approved By:

Assistant City Manager
2 of20
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
1289 of 2175
July 1, 2025, Item #3
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 5th day of February 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and Queen City Glass Co. (hereinafter referred to as "Contractor").

RECITALS
WHEREAS, City desires to obtain the services for the Public Facility Renovation Window Replacement at the Water Treatment Plant;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

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

1. Scope of Services.

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

2. Compensation and Reimbursement.

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

3. Term of Agreement.

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

4. Termination.

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

Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 3 of20 ATTACHMENT A
1290 of 2175
July 1, 2025, Item #3
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

6. Office Space and Clerical Support.

Contractor shall provide its own office space and clerical support at its sole cost and expense.

7. Covenant Against Contingent Fees.

Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.

For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
4 of20
1291 of 2175
July 1, 2025, Item #3

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:
5 of20
(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. 1292 of 2175
July 1, 2025, Item #3
DISCLOSURE DETERMINATION:
~ 1 . Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.

Department Director

10. No Assignments.

Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.

11. Maintenance of Records.

Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.

13. Licenses, Permits, Etc.

Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
6 of20
1293 of 2175
July 1, 2025, Item #3

14. Contractor's
Insurance.

Contractor
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

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 of
20 1294 of 2175
July 1, 2025, Item #3
(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.
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1295 of 2175
July 1, 2025, Item #3

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 of20
1296 of 2175
July 1, 2025, Item #3

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.

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 of20
1297 of 2175
July 1, 2025, Item #3
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

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

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

By:-----------
Alan Fenstermacher, City Attorney
11 of 20
Queen City Glass Co.

By:-------------
Katie Mertins, Contract Manager
1298 of 2175
July 1, 2025, Item #3
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Contractor agrees to provide the public facility renovation at the Water Treatment Plant to remove and replace the windows located in the office building which shall consist with the documents described in the Scope of Services submitted on June 13, 2024, included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services.

8. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the total fees submitted with the proposal dated June 13, 2024, which is included in this document as Attachment

1. The total fee is not to exceed $156,520. Contractor's fee shall include and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.

C. Term of Agreement.

This Agreement shall be effective from the period commencing February 5, 2025, and ending June 30, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination. 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.

D. Contractor's Insurance.

1. Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
12 of 20
1299 of 2175
July 1, 2025, Item #3
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."

3. Insurance Certificates:

Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
(Remainder of page intentionally left blank)
13 of 20
1300 of 2175
July 1, 2025, Item #3
E. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
14 of20
To City:

To Contractor:

City of Poway
P.O. Box 789
Poway, CA 92074
Queen City Glass Co.
30858 Wealth Street
Murrieta, CA 92563
(Remainder of page intentionally left blank)
1301 of 2175
July 1, 2025, Item #3
~
ATTACHMENT 1
-
0 Q ue,e,«, e i,t;;(j ef ta<i<i e IJ.
est. 1973
C-17 Lie. #289252 DIR #1000001153
Date:

Project:

To:

Attn:

From:

June 13, 2024
City of Poway Water Treatment Facility, Poway, CA
Will Wiley
Estimating
Katie [email protected]
SCOPE OF WORK:

BID SCOPE LETTER
We hereby propose to furnish and install, tax included, per job walk attended by Mark Smith, the attached sketch and the following:

Scope:
2" x 4-1/2" aluminum storefront by Arcadia, Inc. Per the attached sketch. Glazing shall be 1" thick, tinted (standard color) low-e (standard) per approvals. Sliding windows included as noted, sizes may require alterations based on manufacturers allowed max. sizes. Demo, flashing for these openings and minor refinishing of interiors is included. No hardware schedule included, based on typical hardware as noted. Von Duprin Panics included.

BASE BID:

EXCLUSIONS:
1) Cleaning of glass and/or metal
2) Breakage or damage except our own
3) Protection of or from other trades
4) Bond -bendable at 1.5%
$156,520.00
1 CLARIFICATIONS/SPECIAL INCLUSIONS:

1. This project is based strictly on a jobsite walk, no architectural drawings, or specs. provided. Any major changes that occur due to issues from demo, etc. may require additional charges.

Notes, Terms and Conditions: Our Corporation has been established since 1973. We are SBE Certified. We are not affiliated with any Union. We have an open shop. Queen City Glass Co. subcontracts all labor. Prevailing wages included. California License No. 289252 C-17 expires 04/30/2026. We are bondable at a flat 2% rate, unless noted otherwise.

Payment of bond invoice not acceptable. A complete hard copy set of Contract Documents shall be provided to Queen City Glass at no cost. Standard AIA Subcontract Agreement only. This quote may be withdrawn if not accepted within 30 days. Anything not specifically included is excluded. Acceptance of this proposal by Contractor shall be acceptance of all terms and conditions recited herein and shall supersede conflicting terms in any other contractor's documents. Any of the contractor's terms and conditions in addition, or different from this proposal are objected and shall have no effect. Contractor's agreement to the terms of this scope letter shall be evidenced by contractor listing Queen City Glass Co. in its bid documents or by allowing QCG to commence work for this project. All progress and final payments must be paid in strict accordance with Public Contract Code and the CA Prompt Payment Act. State of CA SBE interest rates will apply to any and all late payments. 30858 Wealth Street, Murrieta, CA 92563
Phone: (951) 719-3300 Fax: (951) 719-3331
www.queencityglass.com
1302 of 2175
July 1, 2025, Item #3
EXHIBIT "8"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with 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)
16 of20
(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 1303 of 2175
July 1, 2025, Item #3
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:
17 of20
(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
1304 of 2175
July 1, 2025, Item #3
(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).
18 of
20 1305 of 2175
July 1, 2025, Item #3

GUARANTY
To
the
City
of
Poway,
City
Council,
for:

PUBLIC

FACILITY

RENOVATION
WINDOW

REPLACEMENT
AT THE
WATER

TREATMENT
PLANT
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
19 of
20 1306 of 2175
July 1, 2025, Item #3

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."
20 of 20
1307 of 2175
July 1, 2025, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
February 4, 2025
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works ( ~
Michael Obermiller, Public Works Operations Mana~ __
(858) 668-4722 or [email protected] ~

CITY COUNCIL
Award of Agreement to Division 8, Inc. for Public Facilities Renovation Window Replacement at Old Poway Park
An informal request for proposals for Public Facilities Renovation Window Replacement at Old Poway Park was requested on September 3, 2024, by the City of Poway (City). Bids for the project were solicited directly from a pre-approved list of contractors under California Uniform Public Construction Cost Accounting Act (CUPCCAA) for public works projects under $220,000. City staff (staff) contacted CUPCCAA registered companies to provide proposals for the window replacement project at Old Poway Park. One (1) proposal was received and reviewed by staff. Staff determined Division 8, Inc. to be qualified to provide this service to the City.

Recommended Action:

It is recommended City Council award the Agreement for Public Facilities Renovation Window Replacement at Old Poway Park to Division 8, Inc. in the amount of $120,670 and authorize the City Manager to execute the necessary documents.

Discussion:

It was determined a portion of the funds would be utilized for window replacements at Templars Hall located in Old Poway Park along Midland Road.

The windows at Templars Hall have reached the end of their useful life. Templars Hall, originally constructed in 1886, underwent repairs in the 1990s, including the installation of the current exterior windows. The proposed project involves replacing all nine (9) exterior windows. The existing windows no longer function efficiently due to worn frames, warping that prevents proper latching, separation 1 of21
1308 of 2175
July 1, 2025, Item #3
between the wood and window causing insulation failure, and an inability to support necessary interior hardware. Replacing the windows will enhance energy efficiency and reduce ongoing maintenance requirements. The estimated construction timeline is 15 working days. During this period, Templars Hall will be closed to the public. All closures will be coordinated through Old Poway Park staff to minimize the effect on the public.

Under CUPCCAA, alternative bidding procedures are available for public project work performed by contract. For projects valued at $220,000 or less, informal or formal bidding methods can be used, as specified in Sections 22032(b) or (c) of the California Public Contract Code. The City is a participant in CUPCCAA, which facilitates the use of informal bidding procedures for public works projects under $220,000. In accordance with this process, staff reached out to pre-approved contractors and requested six (6) proposals. A job walk was provided and attended by all six (6) contractors. Of the six (6) contractors that attended the job walk, one (1) proposal was submitted due to the project's complexity, as these are original wooden windows that present challenges beyond those typically encountered in a standard window replacement. Staff reviewed the proposal submitted by Division 8 Inc. who was determined responsive. Based on the received proposal and the work needed to complete the project, Division 8 lnc.'s price is fair and reasonable, and Division 8 Inc. is qualified to carry out the work. Staff recommends the Agreement be awarded to Division 8 Inc. for labor and materials to replace the windows in Templars Hall at Old Poway Park in the total amount of $120,670.

A copy of the proposal is on file with the Public Works Department.

Environmental Review:

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

Fiscal Impact:

The Public Facilities Renovation project (MN040) includes sufficient funding to award the noted Agreement for the window replacement project at Old Poway Park for the recommended amount of $120,670. The City proactively planned for this window replacement project as part of the budget development process for the FY2023-24 budget, which resulted in unspent funds being rolled into the current FY2024-25 budget.

Public Notification:

None.

Attachments:

A. Standard Agreement
Reviewed/Approved By:

Wendy &lserman =
Assistant City Manager
2 of 21
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
1309 of 2175
July 1, 2025, Item #3
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 5th day of February 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and Division 8, Inc. (hereinafter referred to as "Contractor").

RECITALS
WHEREAS, City desires to obtain the services for the Public Facility Renovation Window Replacement at Old Poway Park;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

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

1. Scope of Services.

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

2. Compensation and Reimbursement.

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

3. Term of Agreement.

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

4. Termination.

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

Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 3 of21 ATTACHMENT A
1310 of 2175
July 1, 2025, Item #3
delivery
of
written
notice
of
termination
to
Contractor.

Such
termination
shall
be
effective
upon
delivery
of
said
notice.

5. Confidential
Relationship.

City
may
from
time
to
time
communicate
to
Contractor
certain
information
to
enable
Contractor
to
effectively
perform
the
services.

Contractor
shall
treat
all
such
information
as
confidential,
whether
or
not
so
identified,
and
shall
not
disclose
any
part
thereof
without
the
prior
written
consent
of
the
City.

Contractor
shall
limit
the
use
and
circulation
of
such
information,
even
within
its
own
organization,
to
the
extent
necessary
to
perform
the
services.

The
foregoing
obligation
of
this
Paragraph
5,
however,
shall
not
apply
to
any
part
of
the
information
that
(i)
has
been
disclosed
in
publicly
available sources
of
information;
(ii)
is,
through
no
fault
of
Contractor,
hereafter
disclosed
in
publicly
available
sources
of
information;
(iii)
is
now
in
the
possession
of
Contractor
without
any
obligation
of
confidentiality;
or
(iv)
has
been
or
is
hereafter
rightfully
disclosed
to
Contractor
by
a
third
party,
but
only
to
the
extent
that
the
use
or
disclosure
thereof
has
been
or
is
rightfully
authorized
by
that
third
party.

In
its
performance
hereunder,
Contractor
shall
comply
with
all
legal
obligations
it
may
now
or
hereafter
have
respecting
the
information
or
other
property
of
any
other
person,
firm
or
corporation.

6. Office
Space
and
Clerical
Support.

Contractor
shall
provide
its
own
office
space
and
clerical
support
at
its
sole
cost
and
expense.

7. Covenant
Against
Contingent Fees.

Contractor
declares
that
it
has
not
employed
or
retained
any
company
or
person,
other
than
a
bona
fide
employee
working
for
Contractor,
to
solicit
or
secure
this
Agreement,
that
it
has
not
paid
or
agreed
to
pay
any
company
or
person,
other
than
a
bona
fide
employee,
any
fee,
commission,
percentage,
brokerage
fee,
gift
or
any
other
consideration,
contingent
upon
or
resulting
from
the
award
or
making
of
the Agreement.

For
breach
of
violation
of
this
warranty,
City
shall
have
the
right
to
annul
this
Agreement
without
liability,
or,
at
its
sole
discretion,
to
deduct
from
the
Agreement
price
or
consideration,
or
otherwise
recover
the
full
amount
of
such
fee,
commission,
percentage,
brokerage
fee,
gift
or
contingent
fee.

8. Ownership
of
Documents.

All
memoranda,
reports,
plans,
specifications,
maps,
and
other
documents
prepared
or
obtained
under
the
terms
of
this
Agreement
shall
be
the
property
of
City
and
shall
be
delivered
to
City
by
Contractor
upon
demand.
4of21
1311 of 2175
July 1, 2025, Item #3

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:
5 of
21 (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.
1312 of 2175
July 1, 2025, Item #3
DISCLOSURE DETERMINATION:
[gj 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.

Department Director

10. No Assignments.

11. Maintenance of Records.

12. Independent Contractor.

13. Licenses, Permits, Etc.

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 of21
1314 of 2175
July 1, 2025, Item #3
(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 of21
1315 of 2175
July 1, 2025, Item #3

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.

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.

23. Entire Agreement.

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.

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 21
1317 of 2175
July 1, 2025, Item #3
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

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

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

By:------------
Alan Fenstermacher, City Attorney
11 of 21
Division 8, Inc.

By:------------
Stephanie Hoyt, Contract Manager
1318 of 2175
July 1, 2025, Item #3
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

Contractor agrees to provide the public facility renovation at Old Poway Park to remove and replace the windows located in Templars Hall which shall consist with the documents described in the Scope of Services submitted on September 3, 2024, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services.

8. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the total fees submitted with the proposal dated September 3, 2024, which is included in this document as Attachment 1. Total fee is not to exceed $120,670. 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.

C. Term of Agreement.

D. Contractor's Insurance.

1. Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
12 of 21
1319 of 2175
July 1, 2025, Item #3
(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:

3. Insurance Certificates:

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
14 of 21
To City:

To Contractor:

City of Poway
P.O. Box 789
Poway, CA 92074
Division 8, Inc.
1488 Pioneer Suite 105
El Cajon, CA 92020
(Remainder of page intentionally left blank)
1321 of 2175
July 1, 2025, Item #3
1488 Pioneer Suite 105
El Cajon, CA 92020
CA UC 779435
September 3, 2024
Company:

Attention:

Reference:

City of Poway
Will Wiley
Templar's Hall
Subject: Scope of Work/ Proposal R1
ATTACHMENT 1
DIVISION 8

INCORPORATED
Phone: (619) 741-7552
Fax: (619) 741-7582
www.division8inc.com
Division 8 Inc. is pleased to submit our bid proposal based upon the jobsite visit between Rob Hoyt with Division 8 and Will Wiley with the City of Poway.

Furnished and Installed, Sales Tax Included. Per plans and specifications, subject to the following inclusions and exclusions; Inclusions Templars Hall:
1) Workmanship warranty is for a maximum of one (1) year. Warranties are for manufacturer's standard period and shall not be extended unless approved by the manufacturer.
2) Demo: Division 8 to demo the existing windows leaving structural elements supporting windows and remove from premises.
3) Wood clad windows: Provide and install (13) Pella windows at Templars Hall per Dixieline's quote (see attached takeoff).

The window finish at Templars Hall to be Hartford Green paint on exterior and primed pine interior. Glass to be dual tempered Low-E Sun-Defense glass. Windows to include 7/8" traditional grille per existing windows. 4) Weather Barrier-Forti-Flash 40 mil flexible flashing at window perimeter. 5) Perimeter caulking
6) Prevailing wages
15 of 21
Division 8 Incorporated, AGC & ABC Affiliate

Page 1 of 2 ends

1322 of 2175
July 1, 2025, Item #3
1488 Pioneer Suite 105
El Cajon, CA 92020
CA LIC 779435
EXCLUSIONS:

DIVISION 8

INCORPORATED
1) Cleaning and protection of installed materials.
2) Engineering
3) Bond
4) Anything not specifically called out in inclusions
Base Bid Templars Hall:

Phone: (619) 741-7552
Fax: (619) 741-7582
www.division8inc.com
$120,670.00
Total for both building pricing increased due to (2) different contracts which result in added equipment, mobilization and freight for windows by $ 8,830.00.

Should you have any questions please contact the undersigned at your convenience.

Sincerely,
Stephanie Hoyt
Division 8 Inc. is a Small Business our certificate number is (0038872) issued by the State of California Department of general services
Division 8 Incorporated, AGC & ABC Affiliate
16 of 21 Page 2 of 2
1323 of 2175
July 1, 2025, Item #3
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
17 of 21
(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 1324 of 2175
July 1, 2025, Item #3
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:
18 of 21
(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
1325 of 2175
July 1, 2025, Item #3
(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(SB13), 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).
19 of 21
1326 of 2175
July 1, 2025, Item #3

GUARANTY
To the City of Poway, City Council, for:

PUBLIC FACILITIES RENOVATION WINDOW REPLACEMENT AT

OLD POWAY PARK
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
20 of 21
1327 of 2175
July 1, 2025, Item #3

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
February 4, 2025
Honorable Mayor and Members of the City C\)ncil
Eric Heidemann, Director of Public Works {
Michael Obermiller, Public Works Operations Man~
(858) 668-4722 or [email protected] ~

CITY COUNCIL
Award of Agreement to D Ill Transport Corp. for Trucking and Operator Services; RFP No. 25-007
A request for proposal (RFP) for Trucking and Operator Services, RFP No. 25-007 was duly advertised on November 28 and December 5, 2024. One (1) proposal was received and opened on December 19, 2024. Staff reviewed the proposal submitted by D Ill Transport Corp. and determined D Ill Transport Corp. to be responsive and qualified to provide these services. The length of this Agreement shall be for two (2) years beginning on March 1, 2025, through February 28, 2027. The Agreement may be extended through a total of three (3) separate one-year terms.

Recommended Action:
. It is recommended City Council award the Agreement for Trucking and Operator Services, RFP No. 25- 007, to D Ill Transport Corp. and authorize the City Manager to execute the necessary documents.

Discussion:

The proposed Agreement is for the provision of trucking and operator services to transport asphalt grindings, dirt, rock, recycled concrete materials, and other materials to designated locations specified by the City. This service supports the Public Works street maintenance operations in-house asphalt program.

The City issued a notice inviting proposals for trucking and operator services on November 28 and December 5, 2024, and proactively contacted companies to encourage submissions. New requirements, based on California Air Resources Board guidelines enacted to accelerate a large-scale reduction in tailpipe emissions, impact trucking and operator services by requiring updated certifications to meet the revised regulations. One (1) proposal was received and opened on December 19, 2024. Evaluation criteria included the firm's experience, capacity to perform, and proposed cost. The overall cost was deemed reasonable and reflects a typical increase based on the Consumer Price Index (CPI) compared to the previous contract. After reviewing the proposal, City staff 1 of 21
1329 of 2175
July 1, 2025, Item #3
determined that D Ill Transport Corp. is qualified to provide trucking and operator services to the City.

The hourly rates for work performed during scheduled operations are outlined in Table 1 below.

Table 1:

Trucking and Operator Hourly Rates
The length of the initial Agreement shall be for two (2) years beginning March 1, 2025, through February 28, 2027. The Agreement may be extended subject to City Council appropriation of funds through a total of three (3) separate one-year terms. The maximum length of the Agreement would be up to five (5) years.

Environmental Review:

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

Fiscal Impact:

Sufficient funds are budgeted in Fiscal Year 2024-25 Street Maintenance budget (411040-43201) for these services. Funding for subsequent years' service will be proposed in future fiscal year budgets.

Public Notification:

None.

Attachments:

A Standard Agreement
Reviewed/Approved By:

Assistant City Manager
2 of 21
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
1330 of 2175
July 1, 2025, Item #3
City
of
Poway

STANDARD

AGREEMENT
FOR

SERVICES
This
Agreement,
entered
into
this
1st
day
of
March
2025,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
D
Ill

TRANSPORT
CORP.
(hereinafter
referred
to
as
"Contractor").

RECITALS

WHEREAS,
City
desires
to
obtain
the
services
for
Trucking
and
Operator
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
effected
by
delivery
of
written
notice
of
termination
to
Contractor.

Such
termination
shall
be
effective
upon
delivery
of
said
notice.
3 of21

ATTACHMENT
A
1331 of 2175
July 1, 2025, Item #3

5. Confidential Relationship.

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.

8. Ownership of Documents.

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 4of21
1332 of 2175
July 1, 2025, Item #3
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:
5 of21
(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;

DISCLOSURE DETERMINATION:
t8:I 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.
1333 of 2175
July 1, 2025, Item #3
D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.

Department Director

10. No Assignments.

11. Maintenance of Records.

12. Independent Contractor.

13. Licenses, Permits, Etc.

14. Contractor's Insurance.

Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 6 of21
1334 of 2175
July 1, 2025, Item #3

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
an
.d
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.
(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
7 of21
1335 of 2175
July 1, 2025, Item #3
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 fo such effect.

Contractor'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.
8 of21
1336 of 2175
July 1, 2025, Item #3

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.

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
9 of21
1337 of 2175
July 1, 2025, Item #3
System
(CalPERS)
and
shall
not
become
members
of
CalPERS
while
providing
services
to
City.

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
21 1338 of 2175
July 1, 2025, Item #3
IN

WITNESS

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

CITY
OF
POWAY
By:-----------
Chris
Hazeltine,
City
Manager
ATTEST: Carrie
Gallagher,
City
Clerk

APPROVED
AS
TO
FORM:

By:
___________
_
Alan
Fenstermacher,
City
Attorney
11 of
21 D
Ill
Transport
Corp.

By:------------
Jordan
Buswell,
General
Manager
1339 of 2175
July 1, 2025, Item #3

1. Scope
Of
Work.
"SPECIAL
PROVISIONS"

EXHIBIT
"A"
The
purpose
of
this
Agreement
is
to
provide
comprehensive
Trucking
and
Operator
Services
for
the
City
of
Poway
. The
Scope
of
Work
is
intended
to
cover
trucking
and
operator
services
for
all
projects
assigned
to
the
Contractor.

In
addition,
any
single
project
that
is
estimated
to
exceed
$5,000.00,
the
City
reserves
the
right
to
place
out
for
bid
or
solicit
quotes
from
other
vendors.

2. 12
of
21 Technical
Specifications.

1. Work
being
performed
daily
shall
be
performed
Monday
through
Friday
between
the
hours
of
7:00
a.m.
to
5:00
p.m.
unless otherwise
authorized.

The
driver's
start
time
begins
upon
arrival
at
the
job
site,
at
the
scheduled
time
given
to
start
the
work
day
. The
driver's
stop
time
is
when
the
onsite
Project
Manager
signs
the
driver
's time
sheet.

If
the
driver
is
asked
to
dump
a
load
of
material
outside
of
the
City
limits,
an
additional
30 minutes
will
be
posted
to
the
driver's
time
sheet.

2. The
determination
of
the
total
daily
productive
man-hour
requirements
for
the
performance
of
all
services
herein
is
the
sole
responsibility
of
the
successful
Contractor
.

It
is
of
the
utmost
importance
that
the
Contractor
utilizes
skilled
and
productive
manpower
in
order
to
satisfactorily
furnish
the
required
level
of
service
specified
in
this
solicitation
. Failure
on
the
part
of
the
Contractor
to
utilize
skilled
and
productive
manpower
may
produce
unsatisfactory
results,
which
may
cause
the
Director
of
Public
Works
to
make
adjustments
to
the
Contractor's
invoice(s)
for
unsatisfactory
or
omitted
work.

3. The
Contractor
shall
comply
with
applicable
OSHA
and
Federal
regulations
under
CFR
29 ; Section
1910.12
for
proper
training
and
documentation
.

4. All
Trucks
shall
be
in
compliance
with
the
current
California
Air
Resources
Board
Truck
and
Bus
Regulation.

5. Trucking
services
and
operators
will
be
used
in
conjunction
with
ongoing
City
projects
and
maintenance
activities.

6. All
maintenance,
repairs
and
fuel will
be
provided
by
the
Contractor
.

7. All
trucks
are
to
be
California
DOT
approved
and
in
good
mechanical
condition.

All
trucks
shall
be
not
more
than
10 years
old
at
the
start
of
each
contract
cycle.

The
trucks
may
be
checked
at
any
time
by
the
City's
Vehicle
Maintenance
Supervisor
or
designee(s)
to
ensure
they
meet
all
appropriate
standards.

8. Trucks
and
drivers
are
required
to
be
available
within
a
24-hour
1340 of 2175
July 1, 2025, Item #3
(weekday)
notification.

9. City
onsite
Project
Managers
and
Supervisors
responsible
for
an
operation
that
requires
dump
trucks
and
drivers
will
continually
evaluate
the
performance
of
the
trucks
and
drivers.

Termination
of
services
can
occur
if the
drivers
are
not
performing
to
the
satisfaction
of
the
onsite
Project
Manager.

10. Rental
of
the
trucks
and
drivers
will
be
for
a
minimum
of
six
hours
per
day
(Monday
through
Friday
between
the
hours
of
7:00
a.m.
to
5:00
p.m.),
not
including
down
time
for
maintenance or
repair.

11. Cost
is
all-inclusive
for
the
operation
of
the
dump
trucks
and
drivers
performing
specified
work.

12. The
maximum
number
of
trucks
per
project
will
be
up
to
5 (five).

13. Trucks
will
be
10-yard
dump
trucks
or
"Big
10 dump
trucks"
or
any
combination
of
these
vehicles.

14. Trucks
must
be
able
to
haul
a
minimum
of
15 tons.

15. Trucks
must
be
able
to
dump
into
a
paver
and
be
pushed
by
a
paver
without
damage
to
glad
hands,
apron
or
mud
flaps.

16. Any
trucks
with
a
potential
of
damaging
the
paver
will
be
excused
from
the
project.

3. Unfavorable
Maintenance
Conditions.

During
inclement
weather,
or
other
unsuitable
maintenance
conditions,
the
Contractor
shall
confine
operations
to
work
that
will
not
be
adversely
affected.

No
portion
of
the
work
shall
be
done
under
conditions
that
would
adversely
affect
the
quality
or
the
efficiency
of
the
work,
unless
by
special
means
or
precaution
approved
by
the
City,
allowing
the
Contractor
the
ability
to
perform
the
work
in
a
proper
and
satisfactory
manner.

4. Warranty. All
work
performed
under
this
contract
will
carry
a
minimum thirty-day
warranty
on
labor
and
the
manufacturer's
warranty
on
material.

5. Compensation
and
Reimbursement.

City
shall
pay
Contractor
a
fee
in
accordance
with
the
total
fees
submitted
with
the
proposal
dated
December
19,
2024,
which
is
included
in
this
document
as
Attachment

1. Contractor's
fee
shall
include,
and
Contractor
shall
be
responsible
for
the
payment
of
all
federal,
state,
and
local
taxes
of
any
kind
which
are
attributable
to
the
compensation
received. In
addition
to
said
consulting
fee,
Contractor
shall
be
reimbursed
for
all
reasonable
expenses,
including
lodging,
telephone,
and
travel
(air,
auto,
rail)
necessarily
13 of
21 1341 of 2175
July 1, 2025, Item #3
incurred
in
performance
of
the
services.

Contractor
shall
bill
City
for
such
expenses
as
incurred,
referencing
this
Agreement.

All
expenses
shall
be
itemized
and
supported
by
receipts
for
amounts
in
excess
of
Twenty-Five
Dollars
($25.00).

Statements
for
reimbursement
of
expenses
shall
be
paid
within
ten
(10)
days
of
approval
by
City.

All
air
travel
shall
be
billed
at
coach
or
special
fare
rates
. Reimbursement
for
lodging
is
limited
to
travel
from
outside
of
San
Diego
County.

Contractor
shall
receive
prior
authorization
for
air
travel
and
lodging
expenses.

All
other
expenses shall
be
reimbursed
in
accordance
with
City's
cash
disbursement
policies
in
effect
at
the
time
incurred.

6. Term
of
Agreement.

This
Agreement
shall
be
effective
from
the
period
commencing
March
1,
2025,
and
ending
February
28,
2027,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination.

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.

7. 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."
14 of
21 1342 of 2175
July 1, 2025, Item #3
(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:

8. Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses:
15 of
21 To
City:

To
Contractor:

City
of
Poway
P.O.

Box
789
Poway,
CA
92074
D
Ill
Transport
Corp.
9229
Harris
Plant
Rd.
#15
San
Diego,
CA
92145
(Remainder of
page
intentionally
left
blank)
1343 of 2175
July 1, 2025, Item #3

INCLUDES
OVERHEAD:

Service
Type
1 Operator,
1 Vehicle

ATTACHMENT
1 FEE

PROPOSAL
Mon-Fri
After
Hours
&
7:00am-5:00pm
Saturday
i
145
$
155
i
(Remainder
of
page
intentionally
left
blank)
16 of
21 Sunday
&
Holidays
165
1344 of 2175
July 1, 2025, Item #3

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
emp
loyer
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
equ
ivalent
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}
17 of
21 {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
1345 of 2175
July 1, 2025, Item #3
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:
18 of 21
(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .

California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
1346 of 2175
July 1, 2025, Item #3
(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:

GUARANTY
To the City of Poway, City Council, for:

TRUCKING AND OPERATOR 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
20 of 21
1348 of 2175
July 1, 2025, Item #3

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."
21 of
21 1349 of 2175
July 1, 2025, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
February 4, 2025
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works ( ~
Michael Obermiller, Public Works Operations Manager~
(858) 668-4722 or [email protected]

CITY COUNCIL
Award of Agreement to ACCO Engineered Systems Inc. dba ACCO Engineered Systems for Chiller Replacement; Bid No. 25-006
A request for bid (RFB) for Chiller Replacement, Bid No. 25-006, was duly advertised on November 14 and November 21, 2024. A mandatory pre-bid meeting was held on December 4, 2024, and attended by five (5) potential bidders. Three (3) bids were received and publicly opened on December 19, 2024.

Staff reviewed the bids and determined the lowest responsible bidder to be ACCO Engineered Systems Inc. dba ACCO Engineered Systems (ACCO Engineered Systems).

Recommended Action:

It is recommended City Council award the Agreement for Chiller Replacement to ACCO Engineered Systems Inc. dba ACCO Engineered Systems and authorize the City Manager to execute the necessary documents.

Discussion:

Poway City Hall building (City Hall) is currently serviced by an air-cooled McQuay AGS160CH27-ER10 chiller, located in the parking lot behind the Council Chambers building (Council Chambers). This unit provides chilled water for both City Hall and Council Chambers, which is circulated through the building's piping system to provide air conditioning to individual rooms by transferring heat away from the air. The existing chiller is 17 years old and has reached the end of its useful life, resulting in decreased operational efficiency. The chiller was originally equipped with two compressors. One failed in 2024, leaving the unit to operate with the remaining compressor. Replacing the compressor is not 1 of 12
1350 of 2175
July 1, 2025, Item #3
a feasible option due to the high cost and an extended lead time of over one (1) year. The decreased operational efficiency led to unplanned shutdowns, increased repair costs, depletion of resources, and staff discomfort. The proposed project involves removing the existing chiller and installing a new chiller to improve efficiency and reduce ongoing maintenance demands. The estimated construction timeline is seven (7) working days, with no impact on access to City Hall or the Council Chambers.

The City issued a request for bid for Chiller Replacement on November 14 and November 21, 2024. A mandatory pre-bid meeting was held on December 4, 2024, and attended by five (5) potential bidders.

Three (3) bids were received and publicly opened on December 19, 2024. After reviewing the bids, City staff determined ACCO Engineered Systems to be the lowest responsible bidder to provide chiller replacement to the City. A summary of the responsive bid results received is listed in Table 1 below.

Table 1:

Chiller Replacement Results
Company Total Bid Amount
ACCO Engineered Systems, Inc. $187,888
Retrofit Technology, Inc. $238,600
Process Group America, Inc. $296,558
The bid received by ACCO Engineered Systems was responsive and met the required bid specifications. Based on the bids received and the work required to complete the project, ACCO Engineered Systems is qualified, and the price is fair and reasonable. Staff recommends the Agreement be awarded to ACCO Engineered Systems for the removal and replacement of the air cooled McQuay AGS160CH27-ER10 chiller in the total amount of $187,888.

Environmental Review:

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

Fiscal Impact:

Sufficient funds are available in the relevant Capital Improvement Project account MN041 to award the Agreement as recommended. The City proactively planned for this chiller replacement project as part of the budget development process for the FY2023-24 budget, which resulted in unspent funds being rolled into the current FY2024-25 budget, with funds appropriated from the Capital Facilities Fund (6170).

Public Notification:

None.

Attachments:

A. Construction Contract
2 of12
1351 of 2175
July 1, 2025, Item #3
Reviewed/ Approved By:
v-
aserman
Assistant City Manager
3 of 12
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
1352 of 2175
July 1, 2025, Item #3

CONSTRUCTION CONTRACT

CITY OF POWAY

CHILLER REPLACEMENT
This Contract made and entered into this 5th day of February 2025, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and ACCO Engineered Systems Inc. dba ACCO Engineered Systems., hereinafter referred to as "Contractor."
The City and the Contractor, for the consideration hereinafter named, mutually agree as follows:

1. The complete Contract includes all of the Contract Documents, which are incorporated herein by this reference, and include:
a. This Contract
b. Contract Addenda
c. Contract Change Orders
d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications
f. Contract Plans
g. General Condition
h. Special Conditions
i. Standard Specification for Public Works, most current edition,

2. The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all.

3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: Chiller Replacement.

4. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council.

5. City agrees to pay, and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated not-to-exceed sum of one hundred ninety thousand dollars and no cents ($187,888) the "Contract Price." 4of12 ATTACHMENT A
1353 of 2175
July 1, 2025, Item #3

6. Contractor shall begin work within 15 (fifteen) days after the start date indicated in the Maintenance Notice to Proceed. The Contractor shall begin any Extra Work performed under Section 12 of the Contract Specifications within five (5) days after the start date indicated in the applicable Extra Work Notice to Proceed. Should the City fail to issue a Notice to Proceed, said Notice shall be deemed given upon the date of mailing to the Contractor of the full executed Contract (in the case of maintenance work) or Change Order (in the case of Extra Work). The Contractor shall diligently prosecute the maintenance work to completion from the date of said Maintenance Work Notice to Proceed. The Contractor shall diligently prosecute the Extra Work under Section 12 to completion within the numbers of days set forth in the Extra Work Notice to Proceed. Regardless of whether the Contractor begins work on the date specified above or not, the Contract time shall begin on that date unless a written extension of time has been granted by the Project Manager pursuant to Section 6-6 of the Standard Specification.

7. In the case of Extra Work performed, time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum: Five Hundred Dollars ($500) per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty.

8. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed.

9. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects.

Travel and subsistence pay shall be paid in accordance with Labor Code§ 1773.1.

10. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. 5 of 12
1354 of 2175
July 1, 2025, Item #3

11. Contractor
and
subcontractors
shall
comply
with
Labor
Code
§
1810
and
§
1811
which
stipulates
that
eight
hours
labor
constitutes
a
legal
day's
work
, and
§
1812
which
stipulates
that
the
Contractor
and
subcontractors
shall
keep
an
accurate
record
showing
the
name
of
and
actual
hours
worked
each
calendar
day
and
each
calendar
week
by
each
worker
employed
by
him
in
connection
with
the
work
performed
under
the
terms
of
the
Contract.

Failure
to
comply
with
these
sections
of
the
Labor
Code
will
subject
the
Contractor
to
penalty
and
forfeiture
provisions
of
the
Labor
Code§
1813.

12. Contractor
will
comply
with
the
provisions
of
Labor
Code§
1777.5
pertaining
to
the
employment
of
apprentices
to
the
extent applicable
to
this
Contract.

13. Contractor,
by
executing
this
Contract,
hereby
certifies:
"I
am
aware
of
and
will
comply
with
the
Labor
Code
§
3700
by
securing
payment
for
and
maintaining
in
full
force
and
effect
for
the
duration
of
the
contract,
complete
Workers'
Compensation
Insurance,
and
shall
furnish
a
Certificate
of
Insurance
to
the
City
before
execution
of
the
Contract.

The
City,
its
officers,
or
employees,
will
not
be
responsible
for
any
claims
in
law
or
equity
occasioned
by
failure
of
the
Contractor
to
comply
with
this
paragraph."
Contractor
further
agrees
to
require
all
subcontractors
to
carry
Workers'
Compensation
Insurance
as
required
by
the
Labor
Code
of
the
State
of
California.

14. Contractor
shall,
concurrent
with
the
execution
of
this
Contract,
furnish
two
bonds
approved
by
the
City,
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price,
to
guarantee
the
faithful
performance
of
the
work
("Performance
Bond"),
and
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
to
guarantee
payment
of
all
claims
for
labor
and
materials
furnished
("Payment
Bond").

This
Contract
shall
not
become
effective
until
such
bonds
are
supplied
to
and
approved
by
the
City.

15. a.

Contractor
shall
procure
and
maintain
at
its
own
expense,
until
completion
of
performance,
commercial
general
liability
insurance
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
for
bodily
injury,
personal
injury,
death,
loss
or
damage
resulting
from
the
wrongful
or
negligent
acts
by
the
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors.

Contractor
shall
provide
insurance
on
an
occurrence,
not
claims-made
basis.

Contractor
acknowledges
and
agrees
that,
for
purposes
of
clarification
with
the
intention
of
avoiding
gaps
in
coverage
with
any
umbrella
or
excess
insurance,
personal
and
advertising
injury
coverage
shall
be
triggered
by
an
"offense"
while
bodily
injury
and
property
damage
coverage
shall
be
triggered
by
an
"occurrence"
6 of12
1355 of 2175
July 1, 2025, Item #3
7 of12
during the policy period.
b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same.

Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers' compensation requirements.
o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
1356 of 2175
July 1, 2025, Item #3
g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor.

16. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City.
b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors.

17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or 8 of 12
1357 of 2175
July 1, 2025, Item #3
independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein.

18. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective.

19. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract.

20. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 21 . The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract.

22. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns.

23. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances.

24. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

25. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or 9 of 12
1358 of 2175
July 1, 2025, Item #3
materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California.

26. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers.

Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections.

Such final inspection shall be made with a reasonable time after completion of the work.

27. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City.

28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2.

29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705.

30. a. Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or
iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
b. Pending a determination by City of appropriate action to be take, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in 10 of 12
1359 of 2175
July 1, 2025, Item #3
Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.
d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.

31. This Contract is to be governed by the laws of the State of California.

32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment.

City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof.
(Remainder of page intentionally left blank)
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1360 of 2175
July 1, 2025, Item #3
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written.

Contractor's Name:

ACCO Engineered Systems Inc. dba ACCO Engineered Systems By: -------------
Signature
Print Name
Contractor information:

Address for Notices and Payments
Telephone Number: ______ _
Email: ------------

CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
ATTEST:

Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
12 of 12
1361 of 2175
July 1, 2025, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
February 4, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services Cf
Mary Piscitelli, Associate Planner
858-668-4657 or [email protected]

CITY COUNCIL
Tentative Parcel Map (TPM) 21-002, known as Southern Hills Pointe, a Request to Subdivide.One Vacant Parcel into Three Single Family Residential Parcels (APN 321- 200-48)
Profin Properties LLC (Applicant) is proposing to subdivide a 28.99-acre parcel into three single-family residential parcels on the north side of Poway Road. An undeveloped remnant parcel will be created south of Poway Road of which 18.82 acres will be permanently preserved through a Biological Conservation Easement (BCE). The project site is zoned Rural Residential-( (RR-() on the north side of Poway Road and Rural Residential-A (RR-A) on the south side of Poway Road.

Recommended Action:

It is recommended the City Council take public input, close the public hearing, and adopt the Resolution approving TPM 21-002 (Attachment A).

Discussion:

Background:

The California Subdivision Map Act outlines the process for subdivision of land. Generally, the first step is a quasi-judicial (or non-judicial body interpreting the Code) public hearing to consider the tentative map, referred to as a tentative parcel map when four or fewer parcels are created. This step involves evaluating a project for compliance with existing objective standards, conditions and policies.

After a public hearing and evaluation of the evidence, a written decision or Resolution is adopted based on evidence presented.

In recent years, the State legislature has enacted several new housing laws designed to encourage housing production. Government Code 65589.5 (the Housing Accountability Act) states a local agency cannot reject, reduce the permitted density or make infeasible housing without a thorough analysis of the economic, social and environmental effects of the action and without making written findings based on the preponderance of the evidence in the record that either 1) the project as proposed 1 of 33
1362 of 2175
July 1, 2025, Item #3
would
have
a
specific,
adverse
impact
on
the
public
health
or
safety
and
there
is
no
feasible
method
to
satisfactorily
mitigate
or
avoid
the
specific,
adverse
impact
without
rendering
the
development
infeasible,
or
2)
the
project
is
inconsistent
with
both
the
jurisdiction's
zoning
ordinance
and
general
plan
land
use
designation
as
it
existed
on
the
date
the
application
was
deemed
complete.

In
other
words,
if
a
residential
project
complies
with
the
project
site's
applicable
General
Plan
and
zoning
requirements,
it
cannot
be
denied
absent
a
finding
that
it
would
result
in
a
specific,
adverse
impact
on
the
public
health
or
safety
and
there
is
no
feasible
method
to
satisfactorily
mitigate
or
avoid
the
specific,
adverse
impact
without
rendering
the
development
infeasible
Project
Details
:

The
applicant
and
property
owner
is
Profin
Inc,
dba
Profin
Properties
LLC.

The
project
site
is
a 28.99-
acre
vacant
property,
located
at
the
intersection
of
Poway
Road
and
Espola
Road.

Single-family
homes
are
located
to the
north-west
and
east
of
the
site
(Attachment
B).

The
City's
zoning
ordinance
for
residential
zones
is
included
as
Section
17 .08
of
the
Poway
Municipal
Code
(PMC).

Objective
development
standards
are
established
in
this
code
for
each
residential
zone,
including
minimum
parcel
size,
lot
dimensions,
setbacks,
building
heights,
lot
coverage
and
other
criteria.

The
portion
of
the
property
proposed
for
development
is
zoned
RR-C.

The
project
meets
the
objective
standards
of
the
PMC
and
conforms
with
the
General
Plan
as
further
outlined
below:

RR-C
Development
Standard
Standard
from
Code
Proposed
Project
Complies
Minimum
Net
Lot
Area
1-acre

1.155
to

3.363
-acres
Yes
Lot
Width
110-feet
110-feet
Yes
Lot
Depth
150-feet
150-feet
Yes
Maximum
Building
Heights
35 feet,
two
stories
35 feet,
two
stories*
Yes
Maximum
Lot
Coverage
35%
35%
maximum
Yes
Front/Rear/Side
Yard
Setback
40'
I 50'
I 20'
40'
I 50'
I 20'
Yes
*
Parcel
1,
on
the
west
side
of
the
development,
will
be
limited
to
one
story
and
a
maximum
20 feet
in
height.

The
Tentative
Parcel
Map
is
included
as
Attachment
C.

The
proposed
single-family
lots
are
located
at
the
northwestern
corner
of
Poway
Road
and
Espola
Road.

The
proposed
Tentative
Parcel
Map
creates
an
unbuildable
parcel
(a
"remnant")
noted
as
Parcel
A
on
the
submitted
plans,
located
on
the
south
side
of
Poway
Road.

Parcel
A
is
currently
encumbered
with
a
San
Diego
County
Water
Authority
aqueduct
and
related
easements.

A
BCE
is
to
be
dedicated
over
the
portions
of
Parcel
A
not
currently
encumbered
by
the
aqueduct
easement.

The
BCE
grants
to
the
City
of
Poway
and
the
California
Department
of
Fish
and
Wildlife
co-management
authority,
with
Parcel
A
still
under
private
ownership.

However,
long-term
maintenance
will
be
the
responsibility
of
the
property
owners
through
a
maintenance
agreement.

The
property
is
within
the
Very
High
Fire
Hazard
Severity
Zone
(VHFHZ)
mapped
area
and
is
also
within
the
City's
Habitat
Conservation
Plan
(HCP)
Mitigation
Area
Boundary
.

The
property
is
served
by
overhead
electrical
lines,
city
water
and sewer.

The
overhead
utilities
will
be
required
to
be
located
underground
for
each
residence
that
is
developed.
2 of
33 1363 of 2175
July 1, 2025, Item #3
Access:

Access to the property is from Ipava Drive, an existing public street. A new private road from the Ipava Drive cul-de-sac is proposed to access each new parcel. No access is proposed from Poway Road or from Espola Road. The project is expected to generate 36 average daily trips (ADT). A traffic study was not prepared because the project generates less than the minimum of 1,000 ADT. In accordance with the California Office of Planning and Research Guidelines, small projects, expected to generate fewer than 200 net ADT, would also not result in significant vehicle miles traveled (VMT) impacts on the transportation system.

Biological Resources:

A biological study was prepared for this site from Everett and Associates in July 2023. The HCP requires the project to mitigate for any habitat loss onsite because it is located within the Poway Mitigation Area Boundary. The project will impact 5.49 acres of Coastal Sage Scrub ("CSS") habitat. The HCP recommends a 2:1 mitigation ratio. The applicant's proposal exceeds the required 10.98 acres of preservation area with a BCE covering 18.84 acres on Parcel A. The BCE area is bisected by the San Diego County Water Authority Easement. The project complies with the City's adopted HCP, in that the habitat take on the northerly portion of the site is mitigated by the proposed BCE over Parcel A.

Cultural Resources:

The portion of the project north of Poway Road is within the high sensitivity archaeological area. Parcel A is within the moderate-high sensitivity archaeological area. A Cultural Study was prepared in 2005 by Affinis Cultural Resource Management (now part of Helix Environmental). Cultural resources identified are within Parcel A and would not be impacted, as they are outside the proposed development footprint. As a result, the Southern Hills Pointe subdivision will have no impact to the documented archaeological resources.

Trails:

The existing cul-de-sac at Ipava Drive has a trail and equestrian easement, called the Dearborn Trail, crossing over the new private road at Parcel 1. The Dearborn Trail is shown on the City's Trail Map as Trail 25. The project will add signs and fencing in accordance with City trail standards.

A separate trail, called the Espola Trail, is located on Parcel A. It runs north through the existing San Diego County Water Authority aqueduct easement. The Espola Trail runs north through Parcel A, crosses Poway Road at the marked pedestrian crosswalk on the west side of the intersection and crosses Espola Road at Poway Road, then travels northbound on the east side of Espola Road. The Espola Trail connects to the Dearborn Trail just north of the subject property. The Espola Trail is shown on the City of Poway's Trail Map as Trail 5. The project will install additional trail signage in accordance with City trail standards.

Summary:

The Tentative Parcel Map meets all required findings of the PMC and California Government Code Section 66444-66450. It is consistent with the General Plan, PMC and compatible with development in the vicinity. The project has been designed to minimize impacts on the surrounding community and the systems that serve that community, so it would not be materially detrimental to the public health, safety or welfare.
3 of 33
1364 of 2175
July 1, 2025, Item #3
Neighborhood
Meeting:

A
neighborhood
meeting
was
held
on
December
19,
2024,
for
this
project
in
the
City
Council
Chambers.

All
property
owners
and
occupants
within
500
feet
of
the
subject
property
were
mailed
invitations
to
the
meeting.

There
were
two
people
in
attendance
in
addition
to
the
developer,
their
consultants,
and
City
staff.

The
meeting
attendees
live
south
of
Poway
Road
and
east
of
the
project
site.

They
were
relieved
to
learn
the
property
south
of
Poway
Road
would
be
preserved.

Another
resident who
could
not
attend
the
meeting
reached
out
to
City
staff
with
questions
about
the
zoning
and
acreage.

Staff
answered
their
questions.

Environmental
Review:

Pursuant
to
Section
15315,
the
proposed
project
is
Categorically
Exempt
as
a
Class
15 Categorical
Exemption
from
the
CEQA
Guidelines,
in
that
the project
proposes
a
division
of
property
in
an
urbanized
area
zoned
for
residential
use
into
four
or
fewer
parcels
when
the
division
of
land
into
fewer
than
four
parcels
within
an
urbanized
area
in
compliance
with
all
City
codes
and
standards
and
the
average
slope
of
the
development
is
less
than
20 percent.

Fiscal
Impact:

Consistent
with
prior
City
Council
direction
regarding
development
projects,
the
City
Finance
Department
conducted
a
revenue
analysis
for
this
project.

Finance
Staff
analyzed
the
potential
ongoing
revenues,
such
as
property
tax
and
sales
tax,
and
excluded
one-time
revenues,
such
as
transfer
taxes.

The
data
supporting
Staffs
analysis
came
from
a variety
of
sources.

For
example,
the
developer's
agent
provided
unit
characteristic
information
which
helped
to
support
the
property
and
sales
tax
analysis.

The
U.S.

Bureau
of
Labor
Statistics
(BLS)
Table
1203
provided
annual
expenditures
by
income
level
and
expenditure
type
which
helped
to
support
the
sales
tax
analysis.

Sales
and
Property
Tax
estimates
for
the
development
parcels
were
created
with
the
support
of
published
information
from
the
City's
sales
and
property
tax
consultant,
Hdl.

The
development
is
projected
to
contribute
approximately
$15,900.00
in
property
taxes
to
the
City
annually.

The
project
is
estimated
to
contribute
approximately
$2,000
.00
in
sales
taxes
annually
as
a
result
of
purchases
made
by
the
project's
new
residents,
based
on
average
assumptions
applied
by
Hdl.

Based
on
staff
analysis,
this
project
could
contribute
approximately
$17,900.00
in
new
revenue
annually
for
the
City.

Public
Notification:

A
Notice
of
Public
Hearing
was
published
in
the
Poway
News-Chieftain
on
Thursday,January
23,
2025.

A
Notice
of
Public
Hearing
was
mailed
to
property
owners
and
occupants
within
500
feet
of
the
subject
property
on
Thursday,
January
23,
2025.

This
perimeter
exceeds
noticing
requirements
of
the
California
Government
Code
which
requires
noticing
of
property
owners
within
300
feet
of
the
subject
property. 4
of
33 1365 of 2175
July 1, 2025, Item #3
Attachments:

A. Resolution approving TPM 21-002
B. Zoning and Location Map
C. Tentative Parcel Map plan documents
Reviewed/Approved By:

Wendy-Jdaserman
Assistant City Manager
5 of33
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
1366 of 2175
July 1, 2025, Item #3
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
(TPM) 21-002, KNOWN AS SOUTHERN HILLS POINTE, A

REQUEST TO SUBDIVIDE ONE VACANT PARCEL INTO THREE

SINGLE-FAMILY RESIDENTIAL LOTS, ASSESSOR'S PARCEL
NUMBER 321-200-48
WHEREAS, Tentative Parcel Map (TPM) 86-01 (PM 15531), was approved and recorded (Document # 89-36661) which subdivided the Ipava Drive subdivision lots and included the subject property as Parcel 2 and containing an Improvements Certificate and a Covenant of Improvement Requirements (Document 89-020695, January 13, 1989); WHEREAS, TPM 01-008 was submitted by the property owner FAMSE and received on December 11, 2001 for a 3-lot subdivision with a similar development footprint to the current submittal. This TPM submittal was not completed;
WHEREAS, TPM 05-003 was submitted by the property owner FAMSE and received on August 8, 2005, for a 3-lot subdivision with a similar development footprint to TPM01-008 and to the current submittal. This TPM submittal also was not completed; WHEREAS, Boundary Adjustment (BA) 06-01 was approved for Accessor's Parcel Numbers (APNs) to move the properly line at the northeast corner of APN 321-200-46 where it adjoined to APN 321-271-05, to the northeast corner of Poway Road and Espola Road, thereby integrating APN 321-200-46 with APN 321-271-05; thus creating the subject property with its current parcel boundaries with the new APN 321-200-48;
WHEREAS, on February 4, 2025, the City Council considered a request from Profin, Inc., (Applicant), for approval of TPM 21-002, to allow the subdivision of one existing vacant parcel (32.33 acres) into three single-family residential lots (Parcel 1: 1.33 acres, Parcel 2: 3.526 acres, and Parcel 3: 2.344 acres), Parcel A: 18.816 acres for a Biological Conservation Easement (BCE) and 0.50 acres for an Open Space Easement (OSE), zoned Rural Residential-C (RR-C) (subdivision parcels) and Rural Residential-A (RR-A) (BCE parcel) APN 321-200-48; WHEREAS, on February 4, 2025, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to the Project; WHEREAS, on February 4, 2025, the City Council reviewed and considered the agenda report for the proposed Project, including the attachments to the report, and has considered other evidence presented at the public hearing; and
WHEREAS, the plans and documents for the Project are available on file in the Development Services Department.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:

SECTION 1: The above recitals are true and correct.

SECTION 2: Environmental Finding: Pursuant to Section 15315, the proposed project is 6 of 33 ATTACHMENT A
1367 of 2175
July 1, 2025, Item #3
Resolution No. 25-

Page 2 ends

Poway City CouncilJuly 1, 2025

Poway City Council
July 1, 2025