AG EN DA Poway City Council
Council Ch amber I 13325 Civi c Center Drive I Poway , CA I 9206 4 October 1, 2024 I 7 p.m.
Thank you for participating in your local government and the City of Poway Council meetings.
Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public.
Public Meeting Access I Members of the public may attend the City Council meeting in person, or watch the City Council meeting live online. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.
Speakers I Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item . All comments will be limited to three (3) minutes. Per the Poway Municipal Code, the speaking time may be reduced .
To Watch Live:
www.poway.org/councilmeetings
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org. Sign up at https://poway.org/list.aspx to receive email notifications when City Council agendas are published online . Items listed on the agenda with a"#" symbol are in preparation.
PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting.
American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting.
Steve Vaus
Mayor
Caylin Frank
Deputy Mayor
Peter De Hoff
Councilmember
Anita Edmondson
Councilmember
Brian Pepin
Councilmember
Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.
The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION: None
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be bro ught forward by the general pub lic fo r comment; however, the City Council will not be able to discuss or take action on any issue not incl uded on the agenda. You may speak up to th ree (3) minutes.
Per the Poway Municipal Code, the speaking ti me may be reduced. Speakers have one opportunity to address the Counc il under Public Comment.
CONSENT CALENDAR : The Consent Ca lendar may be enacted in one motion by the Council with a Roll Call Vote wit hout discussion unless a Councilmember, a member of the pub lic, or City Manager requests that an item be removed fo r discussion.
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the June 18, 2024 Regular City Council Meeting Minutes
3. Fourth Amendment to the Exclusive Negotiating Rights Agreement with Wakeland Housing and Development Corporation for the Monte Vista Affordable Housing Project (APN 275-460-61-00)
4. Adoption of a Resolution of the Poway Housing Authority Board Declaring Certain Real Property Owned by the Authority Located at 12674 Monte Vista Road (APN 275-460-61-00) as Exempt Surplus Land for Purposes of the California Surplus Land Act ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS: None
STAFF REPORTS: None
WORKSHOPS: None
COUNCIL-INITIATED ITEMS:
5. Opposition to Measure G: Measure to Fund San Diego County Transportation, Infrastructure, and Safety Projects Through a Half-Cent Sales Tax
2 of 3 Regular City Council Meeting October 1, 2024
Mayor's Recommendation: The Mayor requests Council concurrence to submit an open letter to the Residents of Poway stating the City Council's strong opposition to Measure G, urging residents to vote NO on Measure G and imploring SANDAG to deliver on promises made to voters in 2004.
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: None
AD!OURNMENT:
State of California
County of San Diego
)
) ss.
)
AFFIDAVIT OF POSTING
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 September 24, 2024. Said meeting to be held at 7:00 p.m., October 1, 2024, 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. 3 of 3 Regular City Council Meeting October 1, 2024
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
October 1, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk c_q---
(858) 668-4535 or cgallagher@poway .org
CITY COUNCIL
SUBJECT: Approval of the June 18, 2024 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• June 18, 2024 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 June 18, 2024 Regular City Council Meeting Minutes.
Public Notification :
None.
Attachments:
A. June 18, 2024 Regular City Council Meeting Minutes
Reviewed/Approved By:
fn7A~
Assistant City Manager
1 of 6
Reviewed By:
Alan Fenstermacher
City Attorney
October 1, 2024, Item #2
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
June 18, 2024
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, Peter De Hoff, Anita Edmondson, Caylin Frank, Steve Vaus STAFF MEMBERS PRESENT:
Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; Deputy City Clerk Ellis Webster; Director of Development Services Julie Procopio; Interim Director of Finance Brad Rosen; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain Claudia Delgado, 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.)
Mayor Vaus opened the meeting by introducing new Director of Development Services, Julie Procopio.
PLEDGE OF ALLEGIANCE:
Deputy Mayor Frank led the Pledge of Allegiance.
MOMENT OF SILENCE:
Mayor Vaus led a moment of silence.
PRESENTATIONS:
None.
2 of6 ATTACHMENT A October 1, 2024, Item #2
City of Poway - Minutes - June 18, 2024
PUBLIC COMMENT:
None.
CONSENT CALENDAR:
Motioned by Mayor Vaus, seconded by Councilmember De Hoff to approve Consent Calendar Items 1 through 10. Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Pepin, De Hoff, Edmondson, Frank, Vaus
None
Abstained: None
Absent: None
Disqualified: None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the May 7, 2024 Regular City Council Meeting Minutes
3. Award of Contract to J.J. Kane Associates, Inc., DBA Ken Porter Auctions for Auction Services; RFP No. 24-023
4. November 5, 2024 General Municipal Election
5. Resolution No. 24-035 Authorizing the Acceptance of the 2023 Urban Area Security Initiative Grant Program Funds
6. Award of Contract to Horizon Mechanical Contractors of California, for the Pool Circulation Pump Replacement Project, Bid No. 24-005, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
7. Rejection of Received Bid for the Fiscal Year 2023-24 Water Valve Replacement Project, Bid No. 24-008, and Direction to Staff to Re-Scope and Re-Advertise the Project
8. Approval of Consultant Agreements with D-Max Engineering, Inc., and Mikhail Ogawa Engineering Inc. for As-Needed Storm Water Engineering Services
9. Award of Contract to HMS Construction, Inc., for the Midland Road Safety Improvements Project, Bid No. 24-004, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
10. Approval of Agreement with Corodata Records Management, Inc. for Professional Records Storage and Management Services
ORDINANCES FOR INTRODUCTION:
None.
3 of6 October 1, 2024, Item #2
City of Poway - Minutes - June 18, 2024
PUBLIC HEARINGS:
11. Tentative Tract Map (TTM) 24-0001; a Request for Approval of the First One-Year Time Extension for a Previously Approved Subdivision (TTM 22-001) Mayor Vaus opened the Public Hearing at 7:03 p.m.
Senior Planner Hector Salgado presented the item along with a PowerPoint presentation. He noted City Council had previously approved Tentative Tract Map (TTM) 22-001 for two-years with up to five one-year time extensions per the Poway Municipal Code (PMC). He stated, TTM 24-0001 is a request for the first one-year time extension of TTM 22-001 and provided slides showing the project site location including two commercial office buildings and parking lot. He added the site is located within the Commercial Office (CO) Zone and is currently leased for commercial and medical uses.
Mr. Salgado explained the existing office buildings will be converted into 19 commercial condominium units for the purpose of selling the office condominiums individually rather than selling the entire property. No changes are proposed with the time extension, and all original conditions of approval remain in full force and effect.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:06 p.m.
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to adopt Resolution No. 24-036 entitled "A Resolution of The City Council of The City of Poway, California, Approving Tentative Tract Map 24-0001; The First Time Extension of The Approval for Tentative Tract Map 22-001, Assessor's Parcel Number 275-461-12." Motion carried unanimously.
12. Proposed Fiscal Year 2024-25 Operating Budget & Capital Improvement Program Mayor Vaus opened the Public Hearing at 7:06 p.m.
Temporary Finance Manager Tim McDermott and Principal Civil Engineer Alex Ubaldo presented the item along with a PowerPoint presentation.
Mr. McDermott provided an overview of the City's proposed operating budget, citing operating expenditures by fund. He discussed the General Fund, including revenues and expenditures, and outlined benefits realized from prior budget decisions, impacts to the budget including inflation, and a challenging labor market.
He discussed proposed new programs and expenditure requests and provided additional information on maintaining staffing levels for the next fiscal year. He noted the proposed budget includes salary range adjustments to bring current positions to the median level within the San Diego market of comparable cities and positions. 4 of6 October 1, 2024, Item #2
City of Poway - Minutes - June 18, 2024
Mr. McDermott detailed the City's reserve balances, noting they provide resources for future projects and unforeseen needs. He then provided an update on the City's Water and Wastewater Funds, including revenues, expenditures, projected cost increases, and fund balances.
Principal Civil Engineer Alex Ubaldo discussed how the Capital Improvement Plan (CIP) is critical to maintaining and improving the quality of Poway's public infrastructure. CIP projects are focused on improving critical public infrastructure such as parks, streets, sidewalks, drainage, sewers, and renovating facilities and making necessary repairs throughout the City.
Mr. Ubaldo discussed the FY 2024-25 CIP Program which includes 76 total active and proposed projects with a total appropriation of $85.69 million. He noted an overall increase in project costs, explaining the Construction Cost Indexes (both national and in California) continue to rise while the average number of project bidders declines.
Mr. McDermott then outlined the work of the Budget Review Committee and their contributions in developing the proposed 2024-2025 operating budget.
Public Comment:
Chris Pikus, Budget Review Committee Chair, provided a brief summary of the Budget Review Committee process and observations for the FY 2024-25 budget.
End of Public Comment .
Mayor Vaus closed the Public Hearing at 7:52 p.m.
Council discussion ensued. Council responded positively to the proposed salary adjustments and how salary increases will allow the City to retain its current employees and hire more competitively for open positions. Council highlighted the importance of investing in new projects, programs, and Citywide improvements outlined in the CIP. Council commented on the City's history of fiscal responsibility and noted its reserve fund balance and lower tax rates.
In addition, they discussed the role of the BRC and thanked them for their time and input.
Motioned by Deputy Mayor Frank, seconded by Councilmember Edmondson to adopt Resolution No. 24-037 entitled "A Resolution of The City Council of The City of Poway, California, Approving Changes to The City of Poway Position Classification Plan, The City of Poway Management/Confidential Salary Schedule, The City of Poway Non Safety Salary Schedule, The City of Poway Firefighters' Association Salary Schedule and The Part-Time Temporary/Seasonal Wage Schedule"; adopt Resolution No. 24-038 entitled "A Resolution of The City Council, Housing Authority and Successor Agency to The Poway Redevelopment Agency of The City of Poway, California, Approving and Adopting the Annual Operating Budget and Capital Improvement Program for Fiscal Year 2024-25 and Appropriating Funds"; adopt Resolution No. 24-039 entitled "A Resolution of The City Council of The City of Poway, California, Adopting an Appropriations Limit for Fiscal Year Ending June 30, 2025"; and to receive the Budget Review Committee report with recommendations. Motion carried unanimously.
STAFF REPORTS:
None.
5 of6 October 1, 2024, Item #2
City of Poway - Minutes - June 18, 2024
WORKSHOPS:
None.
COUNCIL-INITIATED ITEMS:
None.
CITY MANAGER ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Councilmember De Hoff discussed the importance of early fire detection and reporting, and stated fire safety is a community responsibility.
Deputy Mayor Frank highlighted Poway's upcoming Independence Day festivities including its two firework shows, the Old Fashioned Fourth of July Celebration at Old Poway Park, and the 4th of July Veterans Park Ceremony.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.
CLOSED SESSION:
None.
ADJOURNMENT:
The meeting was adjourned at 8:10 p.m.
6 of6
Carrie Gallagher, CMC
City Clerk
City of Poway, California
October 1, 2024, Item #2
October 1, 2024, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
CITY COUNCIL
October 1, 2024
Honorable Chairman and Members of the Housing Authority Board Julie Procopio, Director of Development Servic_ewp
Marie Sanders, Senior Management Analys~
(858) 668-4637 or [email protected]
Fourth Amendment to the Exclusive Negotiating Rights Agreement with Wakeland Housing and Development Corporation for the Monte Vista Affordable Housing Project (APN 275-460-61-00)
On August 16, 2022, the Poway Housing Authority Board (Authority) approved an Exclusive Negotiating Rights Agreement (ENRA) with Wakeland Housing and Development Corporation (Developer) to finalize the feasibility of constructing an affordable housing project for military veterans and developmentally disabled adults on an Authority owned site located at 12674 Monte Vista Road.
To allow for further approvals and entitlements review, a Fourth Amendment allowing the addition of two 60-day term extensions to the ENRA is needed.
Recommended Action:
It is recommended the Poway Housing Authority Board:
1) Approve the Fourth Amendment to the ENRA with Wakeland Housing and Development Corporation (Attachment A); and
2) Authorize the Executive Director to execute the Fourth Amendment and all necessary documents.
Discussion:
The Authority approved an ENRA with the Developer on August 16, 2022 allowing for exclusive negotiations for the potential development of a 60-unit multi-family affordable community targeting military veterans, their families, and developmentally disabled adults located at 12674 Monte Vista Road. Three amendments have been executed since initial approval allowing for continued negotiations. The additional extensions resulted in the Affordable Housing Agreement and Ground Lease being successfully negotiated. However, the Developer and staff continue to diligently review city required entitlements, therefore, a Fourth Amendment to the ENRA is necessary.
Through a series of term extensions provided in previously approved amendments to the ENRA, the final negotiating period is set to expire on October 5, 2024. If approved, the term of the Fourth 1 of 7
October 1, 2024, Item #3
Amendment to the ENRA will provide two additional 60-day extensions. It is staffs objective to complete the entitlement process and request joint City Council and Authority approval at the November 19, 2024, regularly scheduled City Council meeting.
Environmental Review:
The Fourth Amendment to the ENRA is not a "project" as defined under Section 15378(b)(5) of the California Environmental Quality Act (CEQA) State Guidelines; therefore, no environmental review is required.
Fiscal Impact:
No fiscal impact is associated with approval of this amendment.
Public Notification:
A copy of this report was provided to Wakeland Housing and Development Corporation.
Attachments:
A. Fourth Amendment to Exclusive Negotiating Rights Agreement (Monte Vista Affordable Housing Development)
Reviewed/Approved By:
Assistant City Manager
2 of 7
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
October 1, 2024, Item #3
FOURTH
AMENDMENT
TO
EXCLUSIVE
NEGOTIATING RIGHTS
AGREEMENT
BY
AND
BETWEEN
THE
POWAY
HOUSING
AUTHORITY
AND
WAKELAND
HOUSING
AND
DEVELOPMENT
CORPORATION
MONTE
VISTA
HOUSING
DEVELOPMENT
12674
Monte
Vista Road,
Poway
CA
92064
This
Fourth
Amendment
to
Exclusive
Negotiating
Rights
Agreement
("Fourth
Amendment")
is
entered
into
as
of
this
1st
day
of
October,
2024
("Fourth
Amendment
Effective
Date"),
by
and
between
the
POWAY
HOUSING
AUTHORITY,
a
public
body,
corporate
and
politic
("Authority"),
and
WAKELAND
HOUSING
AND
DEVELOPMENT
CORPORATION,
a California
nonprofit
corporation
("Developer"),
each
a "Party"
and
collectively
the
"Parties",
on
the
basis
of
the
following
facts:
RECITALS
A.
The
Authority
and
Developer
have
entered
into
that
certain
Exclusive
Negotiating
Rights
Agreement
dated
August
17,
2022,
as
amended
by
that
certain
First
Amendment
to
Exclusive
Negotiating
Rights
Agreement
dated
August
2,
2023,
as
further
amended
by
that
certain
Second
Amendment
to
Exclusive
Negotiating
Rights
Agreement
dated
February
6,
2024,
and
as
further
amended
by
that
certain
Third
Amendment
to
Exclusive
Negotiating
Rights
Agreement
dated
June
4,
2024,
(collectively,
the
"ENRA").
Unless
otherwise
defined
in
this
Fourth
Amendment,
capitalized
terms
shall
have
the
meanings
ascribed
to
them
in
the
ENRA.
B.
Pursuant
to
Section
1.2(A.)
of
ARTICLE
1. of
the
ENRA,
the
initial
Term
(or
Negotiating
Period)
of
the
ENRA
was
a
period
of
two-hundred
seventy
(270)
calendar
days
commencing
on
the
Effective
Date
of
the
Exclusive
Negotiating
Rights
Agreement,
August
17,
2022,
and
expiring
May
14,
2023
("Initial
Term").
Section
1.2(A.)
of
the
ENRA
states
that
the
Negotiating
Period
may
be
extended,
in
each
case,
by
mutual
written
agreement
of
the
Parties,
for
up
to
six
(6)
additional
forty-five
( 45)
calendar
day
periods
and
then
for
up
to
four
( 4)
additional
sixty
(60)
calendar
day
periods,
and
on
the
Authority's
behalf
by
the
Executive
Director
of
the
Authority
("Executive
Director")
if,
in
the
Executive
Director's
sole
discretion
and
determination,
sufficient
progress
toward
a mutually
acceptable
AHA,
Ground
Lease
and
related
documents
has
been
made
during
the
initial
two-hundred
seventy
(270)
day
negotiating
period
and
during
the
then
current
Negotiating
Period
to
merit
such
an
extension.
C.
Pursuant
to
Section
1.2(A.)
of
the
ENRA,
the
Parties
extended
the
Term
(or
the
Negotiating
Period)
of
the
ENRA
as
follows:
(1)
by
letter
agreement
dated
March
20,
2023,
extending
the
Term
of
the
ENRA
for
the
period
commencing
May
15,
2023
and
expiring
June
29,
2023
("First
Extension
Term");
(2)
by
letter
agreement
dated
June
2,
2023,
extending
the
Term
of
the
ENRA
for
the
period
commencing
June
30,
2023
and
expiring
August
13,
2023
("Second
Extension
Term");
(3)
by
letter
agreement
dated
September
5,
2023,
extending
the
Term
of
the
ENRA
for
the
period
commencing
August
13,
2023
and
expiring
September
26,
2023
("Third
Extension
Term");
(4)
by
letter
agreement
dated
September
5,
2023,
extending
the
Term
of
the
Fourth
Amendment
to
ENRA
v2
3 of7
Page
1 of
5 ATTACHMENT
A
October 1, 2024, Item #3
ENRA for the period commencing September 27, 2023 and expiring November 10, 2023 ("Fourth Extension Term"); (5) by letter agreement dated November 1, 2023, extending the Term of the ENRA for the period commencing November 11, 2023 and expiring December 25, 2023 ("Fifth Extension Term"); (6) by letter agreement dated December 20, 2023, extending the Te1m of the ENRA for the period commencing December 26, 2023 and expiring February 8, 2024 ("Sixth Extension Term"); (7) by letter agreement dated February 7, 2024, extending the Term of the ENRA for the period commencing February 9, 2024 and expiring April 8, 2024 ("Seventh Extension Term"); (8) by letter agreement dated April 7, 2024, extending the Term of the ENRA for the period commencing April 9, 2024 and expiring June 7, 2024 ("Eighth Extension Term"); (9) by letter agreement dated June 6, 2024, extending the Term of the ENRA for the period commencing June 8, 2024 and expiring August 6, 2024 ("Ninth Extension Term"); and (10) by letter agreement dated July 31, 2024, extending the Term of the ENRA for the period commencing August 7, 2024 and expiring October 5, 2024 ("Tenth Extension Term").
D. In light of the impending expiration of the Tenth Extension Term of the ENRA and in light of the continued work on behalf of both Parties toward plans and entitlements, an acceptable affordable housing agreement for the potential Project, and an acceptable ground lease of the Site, the Parties now mutually desire to amend the ENRA by this Fourth Amendment to add up to four (4) additional potential extensions of the Term (or Negotiating Period) of the ENRA for a period of sixty ( 60) calendar days for each extension, pursuant to the terms of Section 1.2(A.) of ARTICLE 1. of the ENRA as amended by this Fourth Amendment.
E. Except for the change to Section 1.2(A.) of AR TI CLE 1. of the ENRA agreed to by the Paiiies as described in this Fourth Amendment, all terms and conditions of the ENRA, including all Exhibits attached thereto, shall remain unmodified and in full force and effect.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals, the mutual covenants and agreements contained in this Fourth Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Authority and Developer hereby agree to amend the ENRA as follows:
1. Recitals. The foregoing Recitals are made a substantive part of this Fourth Amendment.
2. Modifications to the ENRA.
(a) Modification to the Term "this Agreement" in the ENRA. All references to "this Agreement" in the ENRA shall mean and include the Exclusive Negotiating Rights Agreement entered into by and between the Poway Housing Authority, a public body, corporate and politic, and Wakeland Housing and Development Corporation, a California nonprofit corporation, and dated August 17, 2022, as amended by the First Amendment to Exclusive Negotiating Rights Agreement entered into by and between the Poway Housing Authority, a public body, corporate and politic, and Wakeland Housing and Development Corporation, a California nonprofit corporation, and dated August 2, 2023, as further amended by the Second Amendment Fourth Amendment to ENRA v2
4 of7
October 1, 2024, Item #3
to
Exclusive
Negotiating
Rights
Agreement
entered
into
by
and
between
the
Poway
Housing
Authority,
a
public
body,
corporate
and
politic,
and
Wakeland
Housing
and
Development
Corporation,
a California
nonprofit
corporation,
and
dated
February
6,
2024,
as
further
amended
by
the
Third
Amendment
to
Exclusive
Negotiating
Rights
Agreement
entered
into
by
and
between
the
Poway
Housing
Authority,
a public
body,
corporate
and
politic,
and
Wakeland
Housing
and
Development
Corporation,
a
California
nonprofit
corporation,
and
dated
June
4,
2024,
and
as
further
amended
by
the
Fourth
Amendment
to
Exclusive
Negotiating
Rights
Agreement
entered
into
by
and
between
the
Poway
Housing
Authority,
a
public
body,
corporate
and
politic,
and
Wakeland
Housing
and
Development
Corporation,
a California
nonprofit
corporation,
and
dated
October
1,
2024,
including
all
Exhibits
attached
thereto.
(b)
Modification
to
Second
Sentence
of
Section
1.2(A.)
of
ARTICLE
1. of
the
ENRA.
The
second
sentence
of
Section
l.2(A.)
of
ARTICLE
1. of
the
ENRA
is
hereby
deleted
in
its
entirety
and
replaced
with
the
following:
"The
Negotiating
Period
may
be
extended,
in
each
case,
by
mutual
written
agreement
of
the
Parties,
for
up
to
six
(6)
additional
forty-five
(45)
calendar
day
periods
and
then
for
up
to
eight
(8)
additional
sixty
(60)
calendar
day
periods,
and
on
the
Authority's
behalf
by
the
Executive
Director
of
the Authority
("Executive
Director")
if,
in
the
Executive
Director's
sole
discretion
and
determination,
sufficient
progress
toward
a mutually
acceptable
AHA,
Ground
Lease
and
related
documents
has
been
made
during
the
initial
two-hundred
seventy
(270)
day
negotiating
period
and
during
the
then
cunent
Negotiating
Period
to
merit
such
an
extension."
3. Miscellaneous. (a)
Effect
of
Fourth
Amendment.
Except
to
the
extent
the
ENRA
is
amended
by
this
Fourth
Amendment,
the
remaining
terms
and
conditions
of
the
ENRA,
including
all
Exhibits
attached
thereto,
shall
remain
unmodified
and
in
full
force
and
effect.
In
the
event
of
a
conflict
between
any
of
the
terms
contained
in
this
Fourth
Amendment
and
the
terms
contained
in
the
ENRA,
the
terms
of
this
Fourth
Amendment
shall
govern,
prevail
and
control.
(b)
Entire
Agreement.
The
ENRA,
including
all
Exhibits
attached
thereto,
as
amended
by
this
Fourth
Amendment,
embody
the
entire
understanding
between
the
Authority
and
Developer
with
respect
to
their
subject
matter
and
can
be
changed
only by
an
instrument
in
writing
signed
by
the
Authority
and
Developer.
(c)
Counterparts.
This
Fourth
Amendment
may
be
executed
in
one
or
more
counterparts,
each
of
which
shall
be
deemed
an
original
but
all
of
which,
taken
together,
shall
constitute
one
in
the
same
Fourth
Amendment.
( d)
Applicable
Law;
Venue.
The
laws
of
the
State
of
California
shall
govern
the
interpretation
and
enforcement
of
this
Fourth
Amendment,
without
giving
effect
to
its
principles
of
conflicts
of
laws.
Should
litigation
occur,
such
legal
actions
must
be
instituted
in
the
Superior
Court
of
the
County
of
San
Diego,
State
of
California,
in
any
other
appropriate
court
of
Fourth
Amendment
to
ENRA v2
5 of7
Page
3 of
5 October 1, 2024, Item #3
that
county,
or
in
the
United
States
District
Court
for
the
Southern
District
of
California,
and
both
Parties
irrevocably
consent
to
the
personal
jurisdiction
of
such
courts.
(e)
Attorneys'
Fees.
If
an
action
or
court
proceeding
is
brought
by
a
Party
against
the
other
Party
under
this
Fourth
Amendment,
whether
for
interpretation,
enforcement
or
otherwise,
the
prevailing
Party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
attorneys'
fees
and
costs
from
the
other
Party.
(f)
Authority
.
All
individuals
signing
this
Fourth
Amendment
for
a
Party
which
is
a corporation,
limited
liability
company,
partnership
or
other
legal
entity,
or
signing
under
a power
of
attorney,
or
as
a trustee,
guardian,
conservator,
or
in
any
other
legal
capacity,
covenant
to
the
Authority
that
they
have
the
necessary
capacity
and
authority
to
act
for,
sign
and
bind
the
respective
entity
or
principal
on whose
behalf
they
are
signing.
[SIGNATURES
BEGIN
ON
THE
FOLLOWING
PAGE]
Fourth
Amendment
to
ENRA
v2
6 of7
Page
4 of
5 October 1, 2024, Item #3
IN
WITNESS
WHEREOF,
the
Parties
hereto
have
caused
this
Fourth Amendment
to
be
executed
as
of
the
dates
set
forth
opposite
their
signatures
below.
"AUTHORITY" POWAY
HOUSING
AUTHORITY,
a public
body,
corporate
and
politic
By:
____________
_
Chris
Hazeltine
Executive
Director
ATTEST:
Dated
By:---------------
Carrie
Gallagher,
CMC
City
Clerk
APPROVED
AS
TO
FORM:
By:----------------
Alan
Fenstermacher
General
Counsel
KANE,
BALLMER
&
BERKMAN
By:--------------
Kendall
D.
Levan
Authority
Special
Counsel
"DEVELOPER" WAKELAND DEVELOPMENT
HOUSING
AND
CORPORATION,
a
California
nonprofit
corporation
*see
notes
below
By:
_____________
_
Name:
--------------
Title:
--------------
Dated:
--------
By:--------------Name:
--------------
Title:
--------------
Dated:
--------
*Notes:
In
accordance
with
California
Corporations
Code
Section
313,
this
document
must
be
executed
by
the
Corporation's
Chief
Executive
Officer,
President
or
Vice-President,
on
the
one
hand,
and
the
Corporations'
Chief
Financial
Officer,
Treasurer,
Assistant
Treasurer
or
Secretary
on
the
other
hand.
Page
5 of
5 Fourth
Amendment
to
ENRA
v2
7 of7
October 1, 2024, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
CITY COUNCIL
October 1, 2024
Honorable Chairman and Members of the Housing Authority Board Julie Procopio, Director of Development Services~
Marie Sanders, Senior Management Analyst
(858) 668-4637 or [email protected]
Adoption of a Resolution of the Poway Housing Authority Board Declaring Certain Real Property Owned by the Authority Located at 12674 Monte Vista Road (APN 275-460- 61-00) as Exempt Surplus Land for Purposes of the California Surplus Land Act The Poway Housing Authority (Authority) owns 2.06 acres of real property located at 12674 Monte Vista Road (Attachment A) in the City of Poway (the Property). The Property was originally acquired by the former Poway Redevelopment Agency (Former RDA) on February 16, 2000, for the development of housing affordable to very low-, low-, and/or moderate-income persons and families.
The Authority subsequently acquired the Property from the Former RDA in its capacity as the housing successor of the Former RDA, consistent with the Dissolution Law. Following a competitive bid process, the Authority's governing board, in August of 2022, selected Wakeland Housing and Development Corporation and Wakeland Monte Vista, LP (Developer), an affiliate of Wakeland, for negotiations of the development of the Property and authorized staff to negotiate an Exclusive Negotiating Rights Agreement (ENRA) with the Developer to explore the concept of developing the Property with a sixty (60) unit multi-family affordable rental housing development serving extremely low-, very low-, and low-income families including adults with developmental disabilities and military veterans and their families.
Before the Authority can finalize the details for the Project and the negotiations with the Developer, the Authority must obtain the California Housing and Community Development's (HCD) approval the Property is "Exempt Surplus Land" under the California Surplus Land Act (SLA) set forth at California Government Code (Government Code) Section 54220 et seq., and specifically pursuant to Government Code Section 54221 (f)(1 )(F).
As such, the Authority must formally make certain findings, determinations, and declarations, as set forth in the proposed Resolution (Attachment B), declaring the Property is "Exempt Surplus Land" under the California Surplus Land Act set forth at California Government Code Section 54220 et seq. and specifically pursuant to Government Code Section 54221 (f)(1 )(F). 1 of 10
October 1, 2024, Item #4
Recommended
Action:
It
is
recommended
the
Housing
Authority
Board
:
1)
Adopt
a
Resolution
declaring
certain
real
property
located
at
12674
Monte
Vista
Road,
Poway,
California
(APN
275-460-61-00)
as
"Exempt
Surplus
Land"
under
the
California
Surplus
Land
Act
pursuant
to
California
Government
Code
Section
54221
(f)(1
)(F);
and
2)
Authorize
the
Executive
Director
or
their
Designee
to
take
all
actions
convenient
and
necessary
to
submit
this
Resolution
to
HCD
to
approve
the
"Exempt
Surplus
Land"
Determination
under
the
California
Surplus
Land
Act
and
specifically
pursuant
to
California
Government
Code
Section
54221
(f)(1
)(F).
Discussion: The
Authority
was
formed
pursuant
to
the
California
Housing
Authorities
Law
(California
Health
and
Safety
Code
(HSC)
Section
34200
et
seq.),
to
provide
decent,
safe,
and
sanitary
housing
in
the
City.
The
Authority
was
also
designated
as
the
housing
successor
to
the
Former
RDA
pursuant
to
the
laws
governing
the
dissolution
of
the
Former
RDA
(Dissolution
Law)
at
HSC
Section
34176.
Upon
dissolution
of
the
Former
RDA,
all
rights,
powers,
duties,
obligations,
and
housing
assets
of
the
Former
RDA
transferred
to
the
Authority,
pursuant
to
the
Dissolution
Law.
The
Authority
acquired
the
Property
on
March
11,
2011,
from
the
Former
RDA
in
its
capacity
as
the
housing
successor
of
the
Former
RDA,
and
is
responsible
for
its
disposition
in
accordance
with
the
California
Community
Redevelopment
Law
(HSC
Section
33000
et
seq.).
The
Property
was
originally
acquired
by
the
Former
RDA
on
February
16,
2000,
using
low-
and
moderate-
income
housing
tax
increment
funds,
for
the
development
of
housing
affordable
to
very
low-,
low-,
and/or
moderate
income
persons
and
families.
Following
a
competitive
bid
process
through
the
Authority's
issuance
of
a
Request
for
Qualifications
and
subsequent
Request
for
Proposals
for
Affordable
Housing
Development
on
Property,
the
Authority's
governing
board,
in
August
of
2022,
selected
the
Developer
for
negotiations
of
the
development
of
the
Property
and
authorized
staff
to
negotiate
the
ENRA.
Negotiations
included
the
concept
of
developing
and
operating
a
60 unit
multi-family
affordable
rental
housing
development
serving
extremely
low-,
very
low-,
and
low-income
families
including
adults
with
developmental
disabilities
and
military
veterans
and
their
families,
excluding
one
(1)
manager's
unit,
together
with
ancillary
facilities
including,
but
not
limited
to,
a
community
building,
outdoor
amenities,
and
subterranean
parking
(collectively,
the
Project).
The
Authority
and
Developer
entered
into
the
ENRA
on
August
17,
2022
. The
ENRA
was
subsequently
amended
by
the
parties
to
provide
additional
time
for
the
parties
to
negotiate
the
agreements
and
entitlements
for
the
Project.
Pursuant
to
the
ENRA,
staff
and
the
Developer
have
been
negotiating
the
proposed
Affordable
Housing
Agreement
(AHA),
together
with
its
Attachments
including,
but
not
limited
to,
a Ground
Lease
and
an
Agreement
Containing
Covenants
with
terms
of
70 years
to
potentially
99 years,
in
which
the
Developer
will
agree
to
restrict
the
Project
in
compliance
with,
among
other
applicable
laws,
the
SLA
set
forth
at
Government
Code
Section
54220
et
seq.,
and
specifically
pursuant
to
Government
Code
Section
54221
(f)(1
)(F)
which
states
in
pertinent
part
as
follows:
2 of
10 "(F)
(i)
Surplus
land
that
is
to
be
developed
for
a
housing
development,
which
may
have
ancillary
commercial
ground
floor
uses,
that
restricts
100
October 1, 2024, Item #4
percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an .... affordable rent, as defined in Section .... 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing, .... and in no event shall the maximum affordable .... rent level be higher than 20 percent below the median market rents .... for the neighborhood in which the site is located.
(ii) The requirements of clause (i) shall be contained in a covenant or restriction recorded against the surplus land at the time of sale that shall run with the land and be enforceable against any owner who violates the covenant or restriction and each successor in interest who continues the violation."
Pursuant to Government Code Section 54221(f)(1)(F) of the SLA, the subject Property qualifies as "Exempt Surplus Land" as the Project will be, by recorded agreement, restricted 100% to serving low , very low-, and extremely low-income persons and families (excluding one [1] manager's unit) for greater than 55 years (which 100% exceeds, and provides greater affordability than, the 75% lower income requirement set forth in Government Code Section 54221 (f)(1 )(F)(i) of the SLA). Additionally, 75% of the residential units will be required by recorded agreement to be rented at an affordable rent, as defined in HSC Section 50053, for at least 55 years. Further, the recorded agreement will include a requirement that in no event will the maximum affordable rent level be higher than 20% below the median market rents for the neighborhood in which the Property is located; and the recorded agreement will run with the land and be enforceable against the ground lessee/developer of the Project and each successor in interest to the Project.
The SLA mandates a statutory process pursuant to which local agencies (including housing authorities) must offer their land that is "surplus land" to affordable housing developers and others, as set forth in the SLA. The SLA, however, also provides a statutory process pursuant to which local agencies may declare certain land to be "Exempt Surplus Land" if the characteristics of that land or the use of that land meets certain criteria, as expressly provided in one of the exemptions set forth in the SLA for "Exempt Surplus Land" currently set forth in Government Code Section 54221 (f)(1 ).
Before the Authority can finalize the details for the Project and the negotiations with the Developer on the proposed AHA and its Attachments, the Authority must first formally make certain findings, determinations, and declarations, as set forth in the proposed Resolution, that the Property is "Exempt Surplus Land" under the SLA and specifically pursuant to Government Code Section 54221 (f)(1 )(F).
After the Authority's approval of the proposed Resolution, the Authority will submit the Resolution together with this Staff Report and cover letter (Attachment C) to HCD seeking agency approval that the Property is "Exempt Surplus Land" under the SLA and specifically pursuant to Government Code Section 54221 (f)(1 )(F).
Environmental Review:
This action of adopting the proposed Resolution is not a "project'' under the California Environmental Quality Act (CEQA) and the CEQA Guidelines.
3 of 10
October 1, 2024, Item #4
Fiscal Impact:
This action of adopting the proposed Resolution will not have a fiscal impact on the Authority.
Attachments:
A. Site Map
B. Resolution of the Housing Authority
C. California Housing and Community Development Cover Letter Reviewed/Approved By:
w~~a~
Assistant City Manager
4 of 10
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
October 1, 2024, Item #4
156i5 Pu.:1},_•:-£1d~
1 ,'-loµ
o!'
SITE
MAP
156
11 il-----
----~-~~-----
~------~
-------~~,
c63
620
1269
12708
I I I I I ,... I I
12730
I
,,.-
I
//
L.--/ I
--------------------
(
i:.._
738
1 7•1· 1
',
I
12 JO
·127
00 7271--t
1272
1542( 15-1
1 R
1 ',,Hl2 15187 5
of
10 ,. J1
1/•iJ
Lei
Gc11
leni,1
127
1 1272
1 1.:.
7 B
1nso
1269
)
I
,.
12s
7 11
12 1~:,I
?.7
L--------
12745
127
5 ·1
I
1 S-
11 ~,
127
62 ATTACHMENT
A
I I I I I I
October 1, 2024, Item #4
RESOLUTION
NO.
H-24-
A
RESOLUTION
OF
THE
CITY
OF
POWAY
HOUSING
AUTHORITY
DECLARING
CERTAIN
REAL
PROPERTY
LOCATED
AT
12674
MONTE
VISTA
ROAD,
POWAY,
CALIFORNIA
(APN
275-460-61-00)
AS
"EXEMPT
SURPLUS
LAND"
UNDER
THE
CALIFORNIA
SURPLUS
LAND
ACT
PURSUANT
TO
CALIFORNIA
GOVERNMENT
CODE
SECTION
54221
(f)(
1 )(F)
WHEREAS,
the
Poway
Housing
Authority
("Authority")
is
a
public
body,
corporate
and
politic,
organized,
and
existing
under
the
California
Housing
Authorities
Law
pursuant
to
California
Health
and
Safety
Code
(HSC)
Section
34200
et
seq
. (Housing
Authorities
Law);
WHEREAS,
the
Authority
is
vested
with
all
powers
and
rights
provided
to
it by
the
Housing
Authorities
Law
including
, but
not
lim
ited
to,
the
powers
to
manage
affordable
housing
assets
in
the
City
of
Poway
(City),
to
develop
or
participate
in
the
development
or
financing
of
rental
housing
projects
within
the
City,
to
make
construction
or
mortgage
loans
to
finance
the
acquisition,
construction,
or
development
of
multi-family
rental
housing
, and
to
dispose
of
real
property
;
WHEREAS,
the
former
Poway
Redevelopment
Agency
purchased
certain
real
property
consisting
of
approximately
2.06 acres,
and
located
at
12674
Monte
Vista
Road,
Poway,
California
(APN
275
-460-61-00)
(the
Property)
using
Redevelopment
Agency
property
tax
increment
funds
held
in
the
Low-
and
Moderate-Income
Housing
Fund
for
the
purpose
of
causing
development
of
the
Property
with
a
project
that
includes
housing
affordable
to
persons
and
families
of
very
low-,
low-
and/or
moderate-income;
WHEREAS
, the
former
Redevelopment
Agency
had
conveyed
to
the
Authority
fee
title
of
the
Property
for
the
purpose
of
increasing,
improving
and
preserving
affordable
housing
for
persons
and
families
of
very
low-,
low-
and/or moderate-income
in
the
City
;
WHEREAS,
the
California
Department
of
Finance,
by
letter
dated
August
31,
2012,
approved
the
Property
as
a
"housing
asset"
of
the
former
Redevelopment
Agency;
WHEREAS,
after
a
competitive
bid
process through
the
Authority's
issuance
of
a
Request
for
Qualifications
for
Affordable
Housing
Development
on
the
Property
(RFQ)
and
a
Request
for
Proposals
for
Affordable
Housing
Development
on
the
Property
(RFP)
, the
Authority
selected
Wakeland
Housing
and
Development
Corporation,
a
California
nonprofit
corporation,
for
negotiations,
and
the
parties
thereafter
entered
into
that
certain
Exclusive
Negotiating
Rights
Agreement
dated
August
17,
2022,
as
subsequently
amended;
WHEREAS,
Wakeland
Monte
Vista,
LP
(Developer)
is
the
proposed
Developer
of
the
Property,
and
an
affiliate
of
Wakeland
Housing
and
Development
Corporation
. The
Developer
proposes
to
finance
(with
a
combination
of
funding
sources)
and
cause
the
development
and
operation
of
the
Property
with
a sixty
(60)
unit
multi-family
affordable
rental
housing
development,
with
units
restricted
for
occupancy
by
low-
, very
low-,
and
extremely
low-income
families
at
affordable
rent
(excluding
one
[1]
manager's
unit)
in
accordance
with
this
Resolution,
the
Housing
Authorities
Law,
the
Redevelopment
Law
and
regulations
applicable
to
the
Low
Income
Housing
Tax
Credits
,
which
development
will
include
units
targeted
to
adults
with
developmental
disabilities
and
units
targeted
to
military
veterans
and
their
families,
together
with
ancillary
6 of10
ATTACHMENT
B
October 1, 2024, Item #4
Resolution
No
. H-24-Page
2 facilities
including,
but
not
limited
to
, a
community
building,
outdoor
amenities,
and
subterranean
parking
(collectively,
the
Project);
WHEREAS,
the
Authority
and
Developer
have
been
negotiating
a
proposed
Affordable
Housing
Agreement,
together
with
its
Attachments
including,
but
not
limited
to,
a
Ground
Lease
and
an
Agreement
Containing
Covenants
with
terms
of
70 years
to
potentially
99 years,
in
which
Developer
will
agree
to
restrict
the
Project
in
compliance
with,
among
other
applicable
laws
, the
California
Surplus
Land
Act
(SLA)
set
forth
at
California
Government
Code
(Government
Code)
Section
54220
et
seq
.,
and
specifically
pursuant
to
Government
Code
Section
54221(f)(1)(F)
which
states
in
pertinent
part
as
follows:
"(F)
(i)
Surplus
land
that
is
to
be
developed
for
a
housing
development,
which
may
have
ancillary
commercial
ground
floor
uses,
that
restricts
100
percent
of
the
residential
units
to
persons
and
families
of
low
or
moderate
income
, with
at
least
75 percent
of
the
residential
units
restricted
to
lower
income
households,
as
defined
in
Section
50079.
5 of
the
Health
and
Safety
Code
, with
an
....
affordable
rent,
as
defined
in
Section
.... 50053
of
the
Health
and
Safety
Code
, for
a
minimum
· of
55 years
for
rental
housing
, ....
and
in
no
event
shall
the
maximum
affordable
. . .. rent
level
be
higher
than
20 percent
below
the
median
market
rents
....
for
the
neighborhood
in
which
the
site
is
located.
(ii)
The
requirements
of
clause
(i)
shall
be
contained
in
a
covenant
or
restriction
recorded
against
the
surplus
land
at
the
time
of
sale
that
shall
run
with
the
land
and
be
enforceable
against
any
owner
who
violates
the
covenant
or
restriction
and
each
successor
in
interest
who
continues
the
violation
."
WHEREAS,
pursuant
to
Government
Code
Section
54221
(f)(1)(F)
of
the
SLA,
the
Project
will
be,
by
recorded
agreement,
restricted
100%
to
serving
low-
, very
low-,
and
extremely
low
income
persons
and
families
for
at
least
55 years
(which
100%
exceeds
, and
provides
greater
affordability
than,
the
75%
lower
income
requirement
set
forth
in
Government
Code
Section
54221
(f)(1)(F)(i)
of
the
SLA)
. Additionally,
75%
of
the
residential
units
will
be
required
by
recorded
agreement
to
be
rented
at
an
affordable
rent,
as
defined
in
California
Health
and
Safety
Code
Section
50053,
for
at
least
55 years.
Further,
the
recorded
agreement
will
include
a
requirement
that
in
no
event
will
the
maximum
affordable
rent
level
be
higher
than
20%
below
the
median
market
rents
for
the
neighborhood
in
which
the
Property
is
located
; and
the
recorded
agreement
will
run
with
the
land
and
be
enforceable
against
the
ground
lessee/developer
of
the
Project
and
each
successor
in
interest
to
the
Project
;
WHEREAS,
based
on
the
foregoing
, the
Property
to
be
developed
with
the
Project
meets
all
of
the
criteria
for
"Exempt
Surplus
Land"
pursuant
to
and
under
Government
Code
Section
54221(f)(1)(F)
of
the
SLA.
Additionally,
the
Property
is
not
located
within
any
of
the
four
designated
areas
described
in
Government
Code
Section
54221
(f)(2)
(i.e
.,
coastal
zones,
on
or
eligible
for
the
National
Register of
Historic
Places,
adjacent
to
a
State
Park,
or
in
the
Lake
Tahoe
region);
WHEREAS
, having
affordable
housing
developed
on
the
Property
with
the
Project
by
Developer
would
meet
the
purposes
of
the
SLA
; and
7 of10
October 1, 2024, Item #4
Resolution No. H-24-
WHEREAS, under the SLA, the Authority desires to declare the Property to be "Exempt Surplus Land" and to submit the declaration to the California Department of Housing and Community Development for approval of the "Exempt Surplus Land" determination.
NOW, THEREFORE, BE IT RESOLVED by the Poway Housing Authority as follows:
SECTION 1: The Poway Housing Authority finds and determines that the foregoing recitals are true and correct and are incorporated herein by this reference as a substantive part of this Resolution. •
SECTION 2: The Poway Housing Authority finds, determines, and declares based on substantial evidence in the record, including, but not limited to, the Staff Report which accompanies this Resolution, that the land located at 12674 Monte Vista Road, Poway, California (APN 275-460-61-00) (the Property) is "Exempt Surplus Land" under the California Surplus Land Act set forth at California Government Code (Government Code) Section 54220 et seq., and specifically pursuant to California Government Code Section 54221 (f)(1)(F).
SECTION 3: Poway Housing Authority authorizes the Executive Director or his designee to take all actions convenient and necessary to submit this Resolution to the State of California Department of Housing and Community Development to approve the "Exempt Surplus Land" determination under the California Surplus Land Act and specifically pursuant to California Code Section 54221 (f)(1 )(F).
SECTION 4: This Resolution shall take effect upon the date of its adoption.
PASSED, APPROVED AND ADOPTED by the Poway Housing Authority of the City of Poway, California, at a regular meeting this 1st day of October, 2024 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DI SQUALi Fl ED:
ATTEST:
Carrie Gallagher, CMC, Secretary
Poway Housing Authority
8 of 10
Steve Vaus, Authority Chair
Poway Housing Authority
October 1, 2024, Item #4
STEVE VAUS, Mayor CITY OF POWAY
CA YLIN FRANK, Deputy Mayor
PETER DE HOFF, Councilmember
ANITA EDMONDSON, Councilmember
BRIAN PEPIN, Councilmember
October 2, 2024
To: California Department of Housing and Community Development (HCD) Surplus Lands Portal
RE: POWAY HOUSING AUTHORITY
SUBJECT LAND LOCATED AT: 12674 MONTE VISTA ROAD, POWAY, CA; APN 275-460-61-00 (LAND)
RESOLUTION NO. H-24-___ -DECLARING THE LAND AS "EXEMPT
SURPLUS LAND" UNDER THE CALIFORNIA SURPLUS LAND ACT
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221(f)(l)(F) Pursuant to California Government Code (Government Code) Section 54221(6)(1), the Poway Housing Authority (Housing Authority) adopted Resolution H-24-____ on October 1, 2024, whereby the Housing Authority found, determined, and declared the land located at 12674 Monte Vista Road, referenced by Assessor's Parcel Number 275-460-61-00 (Property), to be "Exempt Surplus Land" under the California Surplus Land Act (SLA) set forth at Government Code Section 54220 et seq., and specifically pursuant to Government Code Section 54221 (f)(l )(F), as supported by written findings. The written findings were based, in part, on the attached Resolution H-24-_ (Resolution) and its accompanying Housing Authority Staff Report dated October 1, 2024 (Staff Report), which are both attached hereto and made a part hereof.
The Property qualifies as "Exempt Surplus Land" under the SLA pursuant to Government Code Section 54221(f)(l)(F). As discussed in more detail in the Resolution and Staff Report, the Property will be ground leased to an affordable housing developer for at least 55 years and developed and operated as an affordable housing rental development that restricts the residential units to persons and families of low-, very low-, and extremely low-income (Project), with the exception of one (1) manager's unit serving the Project. Specifically, the Project will consist of a sixty (60) unit multi family affordable rental housing development with units restricted for occupancy by low-, very low and extremely low-income families at affordable rent (excluding the one [1] manager's unit), which development will include units targeted to adults with developmental disabilities and units targeted to military veterans and their families, together with ancillary facilities including, but not limited to, a community building, outdoor amenities, and subterranean parking.
In addition to being a Housing Authority established under the California Housing Authorities Law set forth at California Health and Safety Code Section 34200 et seq., the Housing Authority serves as the housing successor of the former Poway Redevelopment Agency and, as such, became the fee owner of the Property. The Property is required by applicable law to be developed with affordable housing because the Property was originally purchased by the former Poway Redevelopment Agency using low-and moderate-income housing tax increment funds. 9 of 10
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789 wv.rw. poway.org
ATTACHMENT C
October 1, 2024, Item #4
Based on the details of the Project, the Project to be developed and operated on the Property will achieve an even greater level of affordability than required by the SLA at Government Code Section 54221 (f)(l )(F) in that I 00% of the Project ( excluding one manager's unit) will serve persons and families of low-, very low-, and extremely low-income.
As required by Government Code Section 5422l(f)(l)(F)(i)-(ii), the Housing Authority will record a covenant/restriction agreement against the Project at the time of the ground lease of the Property, which agreement will restrict I 00% of the residential units developed as part of the Project on the Property (with the exception of one [I] manager's unit serving the Project) to persons and families of low or moderate income, with at least 75% of the residential units restricted to lower income households, as defined in Section 50079.5 of the California Health and Safety Code, with an affordable rent, as defined in Section 50053 of the California Health and Safety Code, for a minimum of 55 years with the maximum affordable rent level no higher than 20% below the median market rents for the neighborhood in which the Property is located. This covenant/restriction agreement to be recorded against the Project and will run with the land and be enforceable against the ground lessee/developer of the Project and each successor in interest to the Project.
The Property meets all of the criteria for "Exempt Surplus Land" under the SLA pursuant to Government Code Section 5422l(f)(l)(F). Additionally, the Property is not located within any of the four designated areas described in Government Code Section 54221 (f)(2) (i.e., coastal zones, on or eligible for the National Register of Historic Places, adjacent to a State Park, or in the Lake Tahoe region).
If you have any questions, please contact Marie Sanders, Senior Management Analyst, of the City of Poway, by telephone at (858) 668-4637, or by email at [email protected].
Sincerely,
Enclosures:
Resolution No. H-24-
POWAY HOUSING AUTHORITY
Chris Hazeltine
Executive Director
----
Housing Authority Staff Report dated October I, 2024
10 of 10
October 1, 2024, Item #5
DATE:
TO:
FROM:
SUBJECT:
Summary:
M EMQRAN DLJ M CityofPoway
October 1, 2024
Members of the City Council
Steve Vaus, Mayor
Opposition to Measure G: Measure to Fund San Diego County Transportation, Infrastructure, and Safety Projects Through a Half-Cent Sales Tax Elected leaders should do all they can to lower the cost of living for San Diegans. But Measure G on the November ballot would do just the opposite. It aims to add a half-cent sales tax primarily to fund mass transit projects which would bring no benefit to Poway.
It is important to remember, the San Diego Association of Governments (SAN DAG) has failed to deliver transportation improvements promised in 2004 when the original half-cent tax was approved. And that current tax is on the books until 2048!
Measure G would double that primarily to fund public transit while continuing to ignore the highway improvements promised decades ago.
Adding insult to injury, this Measure G money grab comes at a time when SAN DAG is under Federal investigation and has lost the trust of Board members and taxpayers.
To even consider saddling taxpayers with another sales tax increase when electricity, gas, fire insurance, housing, and even grocery costs have gone through the roof is utter insanity. We need relief and belt-tightening, not piling on to the already high cost of living.
Recommended Action:
I ask for City Council's concurrence to submit an open letter to the Residents of Poway stating the City Council's strong opposition to Measure G, urging residents to vote NO on Measure G and imploring SAN DAG to deliver on promises made to voters in 2004. Until and unless those highway improvements are completed and SANDAG has put its house in order they should not get another penny from taxpayers.
Attachments:
None.
1 of 2
October 1, 2024, Item #5
Reviewed/Approved
By
Assistant
City
Manager
2 of
2 Reviewed
By
:
Alan
Fenstermacher
City
Attorney
Approved
By
:
Ch
~
City
Manager