2023 12-05City of Poway — Minutes — December 5, 2023
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 Mayor/Vice Chair, Council member/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
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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 4/0/1 by the following roll -call vote:
Ayes: Edmondson, Pepin, Frank, Vaus
Noes: None
Abstained: None
Absent: De Hoff
Disqualified: None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the September 19, 2023 Regular City Council Meeting Minutes
3. Approval of Local Appointments List of City Council Appointed Committees for 2024
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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
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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 410/1 (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
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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, 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 Re.gulatory 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
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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. Motion carried 4/011 (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 4/0/1 (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.
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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 4/011 (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 Agencies' Board, Commissions and Committees for calendar year 2024:
1. San Diego Division 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. 1 st 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 Interjurisdictional 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
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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 4/011 (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
(SANDAL) meeting as his alternate.
CITY MANAGER ITEMS:
=0"
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.
Carrie Gallagher, CIVIC
City Clerk
City of Poway, California
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