February 6, 2024, Item #2
AG EN DA REPORT City of Poway
DATE:
TO:
FROM:
February 6, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk \.AA--
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the December 5, 2023 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• December 5, 2023 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.
Recommended Action:
It is recommended the City Council approve the December 5, 2023 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. December 5, 2023 Regular City Council Meeting Minutes Reviewed/Approved By:
:I.th.~
Assistant City Manager
1 of 9
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
~ -p --=----~-
Chris Hazeltine
City Manager
February 6, 2024, Item #2
ATTACHMENT A
CITY
OF
POWAY
CITY
COUNCIL
REGULAR
MEETING
MINUTES
December
5,
2023
City
Council
Chambers
13325
Civic
Center
Drive,
Poway,
California
(Per
Government
Code
54953)
(Meeting
Called
to
Order
as
City
Council/City
of
Poway
Planning
Commission/Poway
Housing
Authority/Public
Financing
Authority
and
Successor
Agency
to
the
Poway
Redevelopment
Agency)
CALL
TO
ORDER:
Mayor
Vaus
called
the
Regular
Meeting
to
order
at
7:00
p.m.
ROLL
CALL:
Present:
Brian
Pepin,
Anita
Edmondson,
Caylin
Frank,
Steve
Vaus
Absent:
Peter
De
Hoff
STAFF
MEMBERS
PRESENT:
City
Manager
Chris
Hazeltine;
Assistant
City
Manager
Wendy
Kaserman;
City
Attorney
Alan
Fenstermacher;
City
Clerk
Carrie
Gallagher;
Director
of
Development
Services
Bob
Manis;
Director
of
Finance
Judy
Tran;
Director
of
Human
Resources
and
Risk
Management
Jodene
Dunphy;
Director
of
Public
Works
Eric
Heidemann;
Director
of
Community
Services
Audrey
Denham;
Fire
Chief
Jeff
Chumbley;
Captain
Nancy
Blanco,
Sheriff's
Department.
(Note:
Hereinafter
the
titles
Mayor,
Deputy
Mayor,
Councilmember,
City
Manager,
Assistant
City
Manager,
City
Attorney,
City
Clerk
and
Director
of
Finance
shall
be
used
to
indicate
Mayor/Chair,
Deputy
MayorNice
Chair,
Councilmember/Director,
City
Manager/Executive
Director,
Assistant
City
Manager/Assistant
Executive
Director,
City
Attorney/Counsel,
City
Clerk/Secretary
and
Director
of
Finance/Finance
Officer.)
PLEDGE
OF
ALLEGIANCE:
Deputy
Mayor
Frank
led
the
Pledge
of
Allegiance.
MOMENT
OF
SILENCE:
Mayor
Vaus
recognized
the
passing
of
long
time
Powegian
and
local
philanthropist
Sue
Herndon.
Mayor
Vaus
then
led
a
moment
of
silence
in
honor
of
the
late
Ms.
Herndon
.
PRESENTATIONS: Poway
Chamber
of
Commerce
2 of
9 February 6, 2024, Item #2
City
of
Poway-
Minutes
-
December
5,
2023
PUBLIC
COMMENT:
Nick
Carruthers,
representing
Poway
Voices,
raised
concerns
over
the
Poway
Housing
Element
compliance
status.
At
the
request
of
Mayor
Vaus,
City
Attorney
Fenstermacher
provided
a
brief
status
report
on
the
Housing
Element.
He
stated
a
compliant
Housing
Element
was
adopted
by
the
City
Council
in
2021.
Staff
has
been
in
regular
communication
with
the
Department
of
Housing
and
Community
Development
(HCD)
to
work
toward
obtaining
HCD
approval
of
the
document.
The
City
has
made
revisions
at
HCD's
request
and
recently
sent
HCD
an
updated
draft
for
their
review.
Staff
plans
to
release
the
updated
draft
for
additional
public
review
in
the
near
future,
following
that
review
period,
the
document
will
be
forwarded
to
HCD
for
consideration
and
staff
will
return
to
City
Council
for
approval
of
the
final
revised
document.
Mr.
Fenstermacher
affirmed
the
City
takes
adoption
of
the
Housing
Element
seriously,
which
is
why
staff
has
been
engaging
with
HCD
to
work toward
adoption
of
the
revised,
final
document
as
soon
as
possible.
Pete
Neild
thanked
the
City
of
Poway
for
supporting resident
concerns
over
traffic
and
safety
on
Candy
Cane
Lane
.
Eric
Weller,
representing
Poway
Voices,
raised
concerns
over
developers
bypassing
the
General
Plan
using
"Builder's
Remedy"
laws
and
encouraged
residents
to
submit
comments
on
the
draft
Housing
Element.
Richard
Schulman,
representing
the
Plantier
family,
shared
his
interpretation
of
SB9.
Ray
Jalisi
spoke
regarding
residential
noise
concerns
related
to
The
Farm
development.
Marco
Malowney
requested
Council
consider
installing
a
Pump
Track
at
a
vacant
lot
along
Twin
Peaks
Road.
Yuri
Bohlen
spoke
in
opposition
to
state-mandated
housing
element
requirements.
Tom
Farley
and
grandson
Austin
wished
Council,
staff,
and
the
public
a
Merry
Christmas
and
Happy
Holidays
.
CONSENT
CALENDAR:
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pepin
to
approve
Consent
Calendar
Items
1 through
12. Motion
carried
41011
by
the
following
roll-call
vote:
Ayes: Noes: Abstained: Absent: Disqualified:
Edmondson,
Pepin,
Frank,
Vaus
None None De
Hoff
None
1. Approval
of
Reading
by
Title
Only
and
Waiver
of
Reading
in
Full
of
Ordinances
on
this
Agenda
2. Approval
of
the
September
19,
2023
Regular
City
Council
Meeting
Minutes
3. Approval
of
Local
Appointments
List
of
City
Council
Appointed
Committees
for
2024
3 of
9 February 6, 2024, Item #2
City
of
Poway-
Minutes
-
December
5,
2023
4. Approval
of
an
Agreement
with
Graybar
Electric
Company,
Inc
to
Purchase
Uninterruptible
Power
Supply
(UPS)
Replacement
Hardware
and
Appropriation
of
Funds
5. Acceptance
of
the
Fire
Station
1 Stairway
Replacement
Project
with
GQ
Builders,
Inc.,
as
Complete
6. City's
Investment
Report
as
of
September
30 , 2023
7. Submission
of
Right-of-Way
Certification
Form
for
Federal-Aid
Projects
-
Highway
Safety
Improvement
Program
Cycle
10 Project
8. Acceptance
of
the
FY
2022-2023
Street
Overlay
Project
with
Hazard
Construction
ENGR,
LLC,
as
Complete
9. Approval
of
a
Purchase
and
Sale
Agreement
Between
the
City
of
Poway
and
Pinnacle
Reality
of
California,
LLC
(Toyota
of
Poway)
for
the
sale
of
13655
Poway
Road,
Assessor
Parcel
Numbers
317-190-2100
and
317-190-4500
10. Resolution
No
. 23-059
Authorizing
the
Submittal
of
Grant
Applications
to
the
Department
of
Resources
Recycling
and
Recovery
(CalRecycle)
for
All
Grant
Programs
for
which
the
City
of
Poway
is
Eligible
and
Authorizing
the
City
Manager
to
Execute
Documents
Related
to
the
Administration
of
CalRecycle
Grants
11. Approval
of
Consultant
Agreements
with
Linscott,
Law
&
Greenspan,
Engineers
and
Kimley
Horn
&
Associates,
Inc.,
for
As-Needed
Traffic
Engineering
Services,
RFP
No.
24-006
Jana
Johnson
submitted
a
written
comment
card
in
opposition
to
Item
11. 12.
Authorization
to
Purchase
One
(1)
Medium-Duty
Utility
Truck
through
the
GM
Government
Bid
Assistance
Program
ORDINANCES
FOR
INTRODUCTION:
None. PUBLIC
HEARINGS:
None
.
STAFF
REPORTS:
13 . Approving
a
CALPERS
180-day
Waiting
Period
Exception
to
Hire
a
Retired
Annuitant
Director
of
Human
Resources
and
Risk
Management
Jodene
Dunphy
presented
the
item.
Ms.
Dunphy
explained
the
City
has
a
current
vacancy
in
the
position
of
Water
Treatment
Plant
Manager
and
therefore
a
critical
need
exists
to
temporarily
fill
the
position.
The
candidate,
Mr.
Larry
Lyford,
has
approximately
46 years
in
the
water
industry,
including
26 years
at
the
Helix
Water
District
where
he
will
be
retiring
as
the
Water
Treatment
Plant
Manager
on
December
15,
2023.
She
noted
he
has
the
required
certification
and
specialized
knowledge,
skills
and
abilities
needed
to
serve
as
temporary
Water
Treatment
Plant
Manager
while
the
City
recruits
4 of
9 February 6, 2024, Item #2
City of Poway-Minutes -December 5, 2023
for the position. Mr. Lyford has agreed to work in this capacity for the City of Poway up to the 960-hour maximum established by CalPERS for retired annuitants per Fiscal Year.
Public Comment:
None.
End of Public Comment.
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 23-061 entitled "A Resolution of the City Council of the City of Poway, California, for a 180-Day Waiting Period Exception to Hire a Retired Annuitant Pursuant to Govbernment Codes Sections 7522.56 and 21221(h)." Motion carried 4/0/1 (De Hoff - Absent).
14. Request for Approval for the Submission of Applications for the Resyndication of Low-Income Housing Tax Credits and Tax-Exempt Bonds for Haley Ranch Estates, Hillside Village, and Parkview Terrace Affordable Housing Communities
Senior Management Analyst Marie Sanders presented the item. She noted the applicant, Community HousingWorks (CHW) is reapplying for a new reservations of low-income housing tax credits. She explained the tax credits are equal to funding that can be used for the rehabilitation of affordable communities, ensuring long term reliability and efficiency of infrastructure, updated amenities, and affordability for lower income households.
Ms. Sanders stated, CHW is the owner of improvements and the lessee of land through the Poway Housing Authority (Housing Authority) for three affordable rental communities in Poway, including Haley Ranch Estates, Hillside Village and Parkview Terrace. Ms. Sanders provided the location of each property and examples of proposed improvements.
Ms. Sanders discussed the resyndication process, including seeking new investors to create a limited partnership with the execution of new agreements and loans. In addition, existing agreements, loans and leases with the Housing Authority would be amended to extend the terms of each for a renewed 55-year term. If approved, CHW will submit their application packets to both the California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee no later than December 15, 2023.
Ms. Sanders noted recommended actions 4 -8, as detailed in the staff report, will only be executed if CHW is successful in being awarded these credits. If successful in the first round of application submissions, finance closing could begin as early as the fall or winter of 2024.
Public Comment:
Maria Hernandez, Member of the Board of Directors for Community HousingWorks, spoke in support of Item 14.
End of Public Comment.
Council discussion ensued. Council recognized the need for affordable housing within the community and the rehabilitation and repair of the existing housing units. Council responded 5 of9
February 6, 2024, Item #2
City
of
Poway
-
Minutes
-
December
5,
2023
positively
to
the
long-term
outlook
of
the
renewed
deed
restriction
and
affordable
housing
improvements
.
Motioned
by
Authority
Board
Member
Frank,
seconded
by
Chairman
Vaus
to
1)
adopt
a
Resolution
No.
H-23-01
authorizing
Community
HousingWorks
to
submit
applications
to
apply
for
a
new
reservation
of
low-income
housing
tax
credits
paired
with
a
new
allocation
of
tax-exempt
bonds
to
the
California
Tax
Credit
Allocation
Committee
and
California
Debt
Limit
Allocation
Committee
for
the
affordable
communities
of
Haley
Ranch
Estates,
Hillside
Village,
and
Parkview
Terrace;
2)
authorize
the
Executive
Director
to
execute
all
necessary
documents
relating
to
the
application
and
implementation
of
low-income
housing
tax
credit
resyndication
for
the
affordable
communities
of
Haley
Ranch
Estates,
Hillside
Village,
and
Parkview
Terrace;
3)
authorize
the
Executive
Director
to
execute
all
necessary
documents
relating
to
the
support
of
Community
HousingWorks'
applications
for
tax-exempt
bonds
and
low
income
housing
tax
credits
for
the
communities
of
Haley
Ranch
Estates,
Hillside
Village,
and
Parkview
Terrace,
including,
providing
any
needed
commitment
letters
consistent
with
these
applications,
review
and
approval
of
temporary
relocation
plans
for
community
residents,
and
California
Tax
Credit
Allocation
Committee
local
reviewing
agency
packages;
4)
authorize
(i)
the
transfer
and
assignment
of
the
existing
Ground
Lease
and
Regulatory
Agreement
dated
September
26,
2000
by
and
between
the
Poway
Housing
Authority,
as
housing
successor
to
the
former
Poway
Redevelopment
Agency,
and
Haley
Ranch
Estates
Housing
Associates,
LP.,
to
a
new
low-income
housing
tax
credit
partnership
controlled
by
Community
HousingWorks,
yet
to
be
formed,
(ii)
an
amendment
to
the
Ground
Lease
to
extend
the
initial
term
thereof
for
a
new
55-year
term,
and
(iii)
an
amendment
to
the
Regulatory
Agreement
to
reaffirm
the
term
thereof
as
in
perpetuity;
5)
authorize
(i)
the
transfer
and
assignment
of
the
existing
Ground
Lease
for
Hillside
Village,
dated
June
8,
2001,
by
and
between
the
Poway
Housing
Authority,
as
housing
successor
to
the
former
Poway
Redevelopment
Agency,
and
Community
Housing
of
North
County,
to
a
new
low
income
housing
tax
credit
partnership
controlled
by
Community
HousingWorks,
yet
to
be
formed, and
(ii)
an
amendment
to
the
Ground
Lease
to
extend
the
initial
term
thereof
Ground
Lease
for
a
new
55-year
term;
6)
authorize
(i)
the
transfer
and
assignment
of
the existing
Regulatory
Agreement
for
Hillside
Village,
dated
February
5,
2002,
by
and
between
the
Poway
Housing
Authority,
as
housing
successor
to
the
former
Poway
Redevelopment
Agency,
Breihan
Housing
Associates,
LP.,
and
Community
Housing
of
North
County,
to
a
new
low-income
housing
tax
credit
partnership
controlled
by
Community
HousingWorks,
yet
to
be
formed,
and
(ii)
an
amendment
to
the
Regulatory
Agreement
to
reaffirm
the
term
thereof
as
in
perpetuity;
7)
authorize
(i)
the
transfer
and
assignment
of
the
existing
Loan
Agreement
for
Hillside
Village
dated
February
5,
2002,
by
and
between
the
Poway
Housing
Authority,
as
housing
successor
to
the
former
Poway
Redevelopment
Agency,
and
Breihan
Housing
Associates,
LP.,
and
the
existing
Promissory
Note
and
Deed
of
Trust
executed
by
Breihan
Housing
Associates,
LP.
to
a
new
Low-Income
housing
tax
credit
partnership,
yet
to
be
formed,
and,
(ii)
an
amendment
to
the
Loan
Agreement
and
amendment
to
the
Promissory
Note
to
restate
the
loan
amount
thereunder
to
include
the
full
principal
amount
of
the
Loan
and
all
accrued
interest
through
the
date
of
finance
closing,
modify
the
interest
rate
on
the
Loan
to
the
Applicable
Federal
Rate
compounding
in
effect
as
of
the
date
of
finance
closing,
and
extend
the
term
of
the
Loan
for
a
new
55-year
term;
and
8)
authorize
(i)
the
transfer
and
assignment
of
the
Ground
Lease
and
Regulatory
Agreement
for
Parkview
Terrace,
dated
August
29,
1997
by
and
among
the
Poway
Housing
Authority,
as
housing
successor
to
the
former
Poway
Redevelopment
Agency,
Community
Housing
6 of
9 February 6, 2024, Item #2
City of Poway -Minutes -December 5, 2023
of North County, and Bowron Road Group, LP., to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, (ii) an amendment to the Ground Lease to extend the initial term thereof for a new 55-year term, and (iii) an amendment to the Regulatory Agreement to reaffirm the term thereof as in perpetuity. Motion carried 41011 (De Hoff -Absent).
15. Proposed Fiscal Year 2023-24 Capital Improvement Program Director of Finance Judy Tran and Principal Civil Engineer Alex Ubaldo presented the item along with a PowerPoint. Ms. Tran discussed how the Capital Improvement Plan (CIP) is critical to maintaining and improving the quality of Poway's public infrastructure, parks and services. CIP projects will focus on improving critical public infrastructures such as parks, streets, sidewalks, drainage, and sewers, renovating facilities and making necessary repairs and providing better communication with fiber optics installation throughout the City. The projects for consideration will be initiated before the end of the Fiscal Year and have been planned for well in advance so they are fully funded.
Principal City Engineer Alex Ubaldo provided an overview of eight projects completed and accepted by the City Council over the past year. He discussed the FY 2023-24 CIP Program which includes 31 active and 29 new projects for a total of 60 projects with the total appropriation of $80.64 million. Mr. Ubaldo provided a detailed overview of the FY 2023-24 CIP, highlighting active and proposed projects, including proposed funding by category. He concluded the total FY 2023-24 CIP program includes $11.09 million in proposed funding.
Public Comment:
None.
End of Public Comment.
Council responded positively to the proposed Fiscal Year 2023-24 CIP. Mayor Vaus recognized Jeff Beers, Special Projects Engineer, who will be retiring at the end of 2023. Mr.
Vaus noted his involvement in 216 CIP projects, highlighting some of Mr. Beers' most memorable and significant projects and thanked him for his contributions to the City of Poway.
Motioned by Mayor Vaus, seconded by Councilmember Edmondson to adopt Resolution No. 23-062 entitled "A Resolution of the City Council of the City of Poway, California, Approving and Adopting the Annual Capital Improvement Program for the Fiscal Year 2023-24 and Appropriating Funds." Motion carried 41011 (De Hoff-Absent).
WORKSHOPS:
None.
COUNCIL-INITIATED ITEMS:
16. Appointment of Deputy Mayor for 2024
Mayor Vaus presented the item. He announced his selection to appoint Deputy Mayor Frank to remain serving as Deputy Mayor for 2024.
7 of 9
February 6, 2024, Item #2
City
of
Poway
-
Minutes
-
December
5,
2023
Public
Comment:
None. End
of
Public
Comment
.
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Pepin
to
appoint
Deputy
Mayor
Frank
to
serve
as
Deputy
Mayor
for
the
one-year
term
commencing
December
5,
2023.
Motion
carried
4/0/1
(De
Hoff
-
Absent).
17 . Appointment
to
Regional
Agencies
' Boards
, Commissions
and
Committees
for
2024
Mayor
Vaus
presented
the
item
. He
announced
the
selection
of
the
following
appointments
to
the
Regional
Agenc
ies'
Board,
Commissions
and
Committees
for
calendar
year
2024
:
1. San
Diego
Divis
ion
League
of
California
Cities
a.
Primary
: Brian
Pepin
b.
Alternate
: Caylin
Frank
2. Metropolitan
Transit
System
(MTS)
Board
of
Directors
a.
Primary
: Caylin
Frank
b.
Alternate
: Brian
Pepin
3. San
Diego
Association
of
Governments
Board
of
Directors
a.
Primary
: Steve
Vaus
b.
1st
Alternate
: Caylin
Frank
c.
2nd
Alternate
: Brian
Pepin
4. Metro
Wastewater
Commission/Joint
Powers
Authority
(JPA)
a.
Primary
: Peter
De
Hoff
b.
Alternate:
Director
of
Public
Works
5. San
Dieguito
Riverpark
Joint
Powers
Authority
(JPA)
a.
Primary
: Brian
Pepin
b.
Alternate:
Anita
Edmondson
6. City
of
Poway/PUSD
Joint
Use
Subcommittee
for
lnterjurisdictional
Cooperation
a.
Primary
: Caylin
Frank
b.
Alternate
: Steve
Vaus
7. Regional
Solid
Waste
Association
(RSWA)
a.
Primary
: Peter
De
Hoff
b.
Alternate
: Brian
Pepin
8. Goodan
Ranch
Policy
Committee
a.
Primary
: Anita
Edmondson
b.
Alternate
: Director
of
Community
Services
9. San
Diego
County
Water
Authority
a.
Primary
: Eric
Heidemann
8 of
9 February 6, 2024, Item #2
City of Poway -Minutes -December 5, 2023
Public Comment:
None.
End of Public Comment.
Motioned by Mayor Vaus with a concurrence from Council to approve and make the aforementioned appointments of Primary and Alternate Members to the various Regional Agencies' Boards, Commissions and Committees for calendar year 2024.
Motion carried 4/0/1 (De Hoff -Absent).
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Pepin thanked City Manager Chris Hazeltine and staff for repairing a broken fireplace at the Poway Library.
Councilmember Edmondson invited residents to attend Christmas in the Park at Old Poway Park on December 9.
Deputy Mayor Frank invited residents to attend the Lake Poway Playground Grand Opening Celebration on Thursday, December 21.
Mayor Vaus shared his enthusiasm for the Lake Poway Playground Grand Opening, he announced Deputy Mayor Frank will be attending the next San Diego Association of Governors (SANDAG) meeting as his alternate.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.
CLOSED SESSION:
None.
ADJOURNMENT:
The meeting was adjourned at 8:05 p.m.
9 of 9
Carrie Gallagher, CMC
City Clerk
City of Poway, California