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CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
August 20, 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:
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Julie Procopio; Director of Finance Craig Schmollinger; 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.)
PLEDGE OF ALLEGIANCE:
Deputy Mayor Frank led the Pledge of Allegiance.
MOMENT OF SILENCE:
Mayor Vaus led a moment of silence.
Mayor Vaus introduced new Director of Finance, Craig Schmollinger.
PRESENTATIONS:
None.
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PUBLIC COMMENT:
None.
CONSENT CALENDAR:
Motioned by Mayor Vaus, seconded by Councilmember Pepin to approve Consent Calendar Items 1 through 4. Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Pepin, De Hoff, Edmondson, Frank, Vaus
None
None
None
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Award of Agreement to Yunex LLC , OBA Yunex Traffic for Street Lighting, System Maintenance and Emergency Repairs ; Bid No . 25 -002
3. Award of Contract to M-Rae Engineering, Inc. for the FY 2023-24 Water Valve Replacement Project, Bid No . 25-001, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
4 . Resolution No . 24-059 Authorizing the Purchase of Two (2) Light-Duty Ford Explorer Chief Officer Emergency Vehicles Utilizing California Department of General Services State Contract #1-22-23 -23F and Two (2) Emergency Response Equipment Upfitting by Open Market Competitive Bid
Responding to a question by Mayor Vaus, Director of Public Works Eric Heidemann confirmed local vendors were provided the same opportunity as others to participate in the Request for Bid (RFP) process.
ORDINANCES FOR INTRODUCTION:
None.
At the direction of Mayor Vaus, the agenda was reordered to hear Item #6 at this juncture .
STAFF REPORTS:
6. Award of Agreement to Cheeseburgers in Poway, LLC to Operate the Lake Poway Concession; RFP #24-025
Recreation Area Manager Allie Margis presented the item. She discussed services provided by the concession operator for Lake Poway and noted the current agreement is set to expire in November 2024. Ms. Margis stated the City issued a Request for Proposals (RFP) in May 2024 and received two (2) proposals wh ich were evaluated based on experience and qualifications , proposed business plan, proposed financial agreement and financial wherewithal .
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A brief overview of each of the proposals was provided. Ms. Margis noted several elements of the Cheeseburgers in Poway proposal which led staff's recommendation the City Council award the agreement to this entity. These factors included a proposal to expand food offerings to include fresh and hot items and to utilize a business owned point of sale system to streamline the transfer of revenue resulting in annual cost savings for the City in transaction fees and equipment expenses. Additionally, the Cheeseburgers in Poway proposal included upgrades to the outdoor patio area, new lounge furniture, misters, heat lamps and outdoor speakers.
Ms. Margis noted the City will continue to be responsible for utilities and maintenance of the building, and the operator will be responsible for any upgrades in the taxes associated with those upgrades.
Public Comment:
None.
End of Public Comment.
Council discussion ensued. Council responded positively to fresh prepared food options, comfortable outdoor seating options, and new amenities and services outlined in the successful proposal.
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to award the Agreement to Cheeseburgers in Poway, LLC, to operate the Lake Poway Concession and authorize the City Manager to execute the agreement. Motion carried unanimously.
PUBLIC HEARINGS:
5. Consideration of Specific Plan Amendment (SPA) 22-0002 and Development Review (DR) 22-0001 to Allow the Construction of a Battery Energy Storage System (BESS) Facility located at 13501 Kirkham Way; Addendum to South Poway Specific Plan Environmental Impact Report (EIR) and Subsequent Environmental Impact Reports (SEIRs); and a Community Benefit Agreement
Mayor Vaus opened the Public Hearing at 7: 10 p.m.
Associate Planner Mary Piscitelli presented the item along with a PowerPoint presentation.
She showed the South Poway Specific Plan (SPSP) Land Use Map noting the southern property line of the parcel lies along the boundary between Poway and the City of San Diego.
The Project involves construction of a Battery Energy Storage System (BESS) facility, and an underground transmission line connecting to SDG&E's Sycamore Canyon substation. All project electrical and communication lines connecting the substations will be placed underground, including portions crossing the Biological Conservation Easement (BCE) in Beeler Creek.
She explained the proposed SPA would return the land use from its current designation of Mineral Resource Extraction (MRE) to Light Industrial (LI). In addition to the SPA, a DR is required for the site development. She added in early 2024, City Council approved an amendment to the SPSP requiring a Conditional Use Permit (CUP) for BESS facilities, however, the Nighthawk project had already been submitted prior to this approval, therefore the CUP requirement does not apply to this project.
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The project proposes 329 battery enclosures and a substation on an 8.9-acre development footprint.
Both a Pre-Development Conference (PDC) and neighborhood meeting were conducted.
Revisions to the project resulting from community input included: underground transmission lines and utility lines in place of overhead lines; modifications to the masonry wall constructed around the facility; newer, safer battery technology; new fire safety protocols; and the Community Benefit Agreement.
As part of the DR, the Fire Department reviewed and provided conditions of approval for the Project. Due to the site location being within the Very High Fire Hazard Safety Zone, the following requirements are included to address fire safety: The Fuel Management Zone was increased from 100 feet to 260 feet; the masonry wall height was increased from eight feet to 12 feet; Lithium Iron Phosphate (LFP) batteries in place of Lithium-Ion batteries; and a 24/7 protection system which includes temperature sensors, remote monitoring, and infrared cameras to automatically shut down and prevent the spread of fire to other battery storage modules.
Ms. Piscitelli provided a map, noting the closest residential properties at least a half mile away from the Project site. She also outlined the details of the Community Benefit Agreement.
Notably the applicant has agreed to reimburse the City for all costs it incurs in responding to any fire at the Project site for the life of the Project.
An addendum to the SPSP EIR has been prepared determining the Project does not result in additional significant impacts and does not increase to the severity of impacts. Additional materials have been submitted as an Errata for the addendum to reflect the recent inspection by the wildlife agencies which determined the impacts of the project are less than what was originally presented in the addendum.
The City of San Diego will be holding a public hearing to consider the project within its jurisdictional limits on August 29, 2024.
Kevin Smith, CEO of Arevon Energy, Sohail Suryavanshi, Project Manager for Arevon Energy, and Josh Coon, Vice President of Arevon Energy, presented along with a PowerPoint on behalf of the applicant. They provided background information on Arevon Energy and further discussed the Nighthawk project by providing details on the project's technological components, fire safety measures and incident control, as well as the project's benefits .
Public Comment:
The following individuals spoke in support of Item #5:
Tom Robertson, on behalf of Clerco
Cori Schumacher, on behalf of International Brotherhood of Electrical Workers (/BEW) Local 569
Matthew Leyba-Gonzalez, on behalf of San Diego County's Building and Construction Trades Council
Robert Ilka
Ansermio (AJ) Estrada, on behalf of San Diego County's Building and Construction Trades Council
Jason Anderson, on behalf of Cleantech San Diego
Serena Petka, on behalf of Climate Action Campaign
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Lauren Cazares, on behalf of the San Diego Regional Chamber of Commerce The following individuals spoke in opposition to Item #5:
Betty Rexford
The following written comment cards were submitted in opposition to Item #5:
Paul Rexford
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:46 p.m.
Council discussion ensued . Council addressed concerns regarding recent battery storage facility incidents in San Diego County , emphasizing the difference in battery technological advancements and facility infrastructure improvements between the projects. Council responded positively to the changes initiated by the PDC, including the undergrounding of utilities and the higher perimeter walls. Council discussed the details of the Community Benefit Agreement.
San Diego Fire-Rescue Battalion Chief Robert Rezende responded to technical questions regarding the safety and mitigation of battery storage facilities, noting fire-related incidents for battery storage facilities are uncommon .
Fire Chief Chumbley discussed the additional response and mitigation training required for the City's Fire Department related to the BESS facility it is approved along with the required, annual compliance inspections to be performed by the Fire Marshal.
As requested by the Mayor, City Clerk Gallagher titled the Ordinance and took a roll call vote .
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
De Hoff, Edmondson, Pepin, Frank, Vaus
None
None
None
None
Motioned by Councilmember De Hoff, seconded by Deputy Mayor Frank to introduce Ordinance No. 871 entitled "An Ordinance of the City Council of the City of Poway, California, Approving a Specific Plan Amendment (SPA) 22-0002 to the South Poway Specific Plan Allowing a Change of the Land use Designation from Mineral Resource Extraction to Light Industrial on Two Pad Sites Located within an 83-Acre Parcel, Thereby Allowing Development of the Nighthawk Battery Energy Storage System on Pad 2; Assessor's Parcel Number 320-031-03-00" waive further reading and schedule the adoption of the Ordinance for the next regularly scheduled City Council meeting.
And adopt Resolution No. 24-060 entitled "A Resolution of The City Council of The City of Poway, California, Approving an Addendum to the South Poway Specific Plan Environmental Impact Report, South Poway Planned Community Amendments Subsequent Environmental Impact Report and Calmat-Poway Subsequent Environmental Impact Report Analyzing the Potential Impacts of Specific Plan Amendment (SPA) 22-0002 and Development Review (DR) 22-0001, to Allow the Use and Construction of Nighthawk Battery Energy Storage System; Assessor's Parcel 5 of 6
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Number 320-031-03-00," Resolution No. 24-061 entitled "A Resolution of The City Council of The City of Poway, California, Approving Development Review (DR) 22-0001 to Allow the Construction of the Nighthawk Battery Energy Storage System on an Approximately 10-Acre Portion of an 82-Acre Parcel; Assessor's Parcel Number 320- 031-03-00," and Resolution No. 24-062 entitled "A Resolution of The City Council of The City of Poway, California, Approving a Community Benefit Agreement for the Nighthawk Battery Energy Storage System (BESS) on a 10-Acre Pad of a 83-Acre Parcel; Assessor's Parcel Number 320-031-03-00." Motion carried 5/0.
WORKSHOPS:
None .
COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Mayor Vaus provided an update on the San Diego County Regional Airport Authority, he announced the upcoming opening of the new airport parking plaza scheduled for August 28, 2024 .
CITY MANAGER ITEMS:
City Manager Chris Hazeltine welcomed new Director of Finance Craig Schmollinger and thanked Assistant Director of Finance Operations Brad Rosen for serving in the Interim .
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.
CLOSED SESSION:
6. Conference with Labor Negotiators -(Government Code§ 54957.6) Designated City Representatives: Chris Hazeltine, Wendy Kaserman, and Jodene Dunphy Employee Organization : Poway Firefighters' Association Mayor Vaus recessed the Regular City Council meeting into Closed Session at 8: 12 p.m.
ADJOURNMENT:
City Attorney Alan Fenstermacher reported no action was taken.
The meeting was adjourned at 9:20 p.m.
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Carrie Gallagher,CMC
City Clerk
City of Poway, California