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2023 12-05 ACTION AGENDA Steve Vaus Caylin Frank Peter De Hoff Anita Edmondson Brian Pepin Mayor Deputy Mayor Councilmember Councilmember Councilmember ACTION AGENDA The Action Agenda of the City Council Meeting is a document provided immediately following the Council Meeting in order for staff and the public to be aware of the business transacted and actions taken by Council. This is a preliminary draft and not a legal record. The meeting’s legal record is the Minutes approved by the City Council 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. 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 II | 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. December 5, 2023 | 7 p.m. 2 of 5 Regular City Council Meeting December 5, 2023 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: 7:00 p.m. ROLL CALL: Present: Brian Pepin, Anita Edmondson, Caylin Frank, Steve Vaus Absent: Peter De Hoff PLEDGE OF ALLEGIANCE: MOMENT OF SILENCE: PRESENTATION: Poway Chamber of Commerce PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes. Per the Poway Municipal Code, the speaking time may be reduced. Speakers have one opportunity to address the Council under Public Comment. CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion. 1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) 2. Approval of the September 19, 2023 Regular City Council Meeting Minutes COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) 3. Approval of Local Appointments List of City Council Appointed Committees for 2024 COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) 4. Approval of an Agreement with Graybar Electric Company, Inc to Purchase Uninterruptible Power Supply (UPS) Replacement Hardware and Appropriation of Funds COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) 5. Acceptance of the Fire Station 1 Stairway Replacement Project with GQ Builders, Inc., as Complete COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) 6. City's Investment Report as of September 30, 2023 COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) 3 of 5 Regular City Council Meeting December 5, 2023 7. Submission of Right-of-Way Certification Form for Federal-Aid Projects – Highway Safety Improvement Program Cycle 10 Project COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) 8. Acceptance of the FY 2022-2023 Street Overlay Project with Hazard Construction ENGR, LLC, as Complete COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) 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 COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) 10. Resolution 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 COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) 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 COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) 12. Authorization to Purchase One (1) Medium-Duty Utility Truck through the GM Government Bid Assistance Program COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) ORDINANCES FOR INTRODUCTION: None PUBLIC HEARINGS: None STAFF REPORTS: 13. Approving a CALPERS 180-day Waiting Period Exception to Hire a Retired Annuitant City Manager’s Recommendation: It is recommended the City Council approve the resolution appointing an Interim Water Treatment Plant Manager pursuant to Government Code Sections 7522.56 and 21221(h) and approving the waiver of the 180-day wait period for the newly retired individual to work as a retired annuitant through OTS as the Interim Water Treatment Plant Manager. COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) 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 City Manager’s Recommendation: It is recommended the Poway Housing Authority 1) adopt a Resolution 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 4 of 5 Regular City Council Meeting December 5, 2023 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, L.P., 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, L.P., 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, L.P., and the existing Promissory Note and Deed of Trust executed by Breihan Housing Associates, L.P. 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 of North County, and Bowron Road Group, L.P., 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. COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) 15. Proposed Fiscal Year 2023-24 Capital Improvement Program City Manager’s Recommendation: It is recommended the City Council adopt the Resolution approving the CIP Budget for Fiscal Year 2023-24. COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) 5 of 5 Regular City Council Meeting December 5, 2023 WORKSHOPS: None COUNCIL-INITIATED ITEMS: 16. Appointment of Deputy Mayor for 2024 City Manager’s Recommendation: It is recommended the Mayor appoint a Councilmember to serve as Deputy Mayor for the one-year term commencing December 5, 2023. COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) to: appoint Councilmember Caylin Frank to serve as Deputy Mayor for the one-year term commencing December 5, 2023. 17. Appointment to Regional Agencies’ Boards, Commissions and Committees for 2024 City Manager’s Recommendation: It is recommended the City Council concur to appoint primary and alternate members to the various regional agencies’ boards, commissions and committees for calendar year 2024 as shown in Attachment A. COUNCIL ACTION: Approved 4/0/1 (Absent: Councilmember De Hoff) to: re-appoint current primary and alternate members. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) Council made announcements. No action was taken. CITY MANAGER ITEMS: None CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None CLOSED SESSION: None ADJOURNMENT: 8:05 p.m. 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 November 28, 2023. Said meeting to be held at 7:00 p.m., December 5, 2023, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. ____________________________________________________ Carrie Gallagher, CMC, City Clerk