Item 2 - Additional Materials posted 09-17-24 — Poway City Council, September 17, 2024

M EM ORAN DLJ M City of Poway

ADDITIONAL MATERIALS
(Agenda Related Writings/Documents provided to City Council or Staff after distribution of the Agenda Packet for the September 17, 2024 Council Meeting) DATE:

TO:

FROM:

CONTACT:

SUBJECT:

September 17, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or [email protected]
Item 2 - Second Reading and Adoption of 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"
Attached please find correspondence received after the agenda posting deadline and through 3:00 pm the day prior to the meeting.

Reviewed/Approved By:

Assistant City Manager
1 of 29
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chrrtd;2
City Manager
September 17, 2024, Item #2
\
From:

To:

Colleen & Ted Matthies
Caylin Frank; Steve vaus
Subject:

Date:

Proposed Nighthawk Battery Storage Facility on September 17, 2024 Agenda Monday, September 16, 2024 7:06:20 AM
You don't often get email from [email protected]. Learn why this is important EXTERN L EMA lL
Ms. Frank and Mayor Vaus,
Over the last couple of weeks lithium batteries in cars and battery storage facilities catching on fire have been all over the local news.

Prior to these latest events, I had an understanding that a fire involving Lithium Batteries is a long lived fire with a high likelihood of re-ignition. What I didn't realize and am now more concerned about is the air quality disaster these fires create. With the fires burning for hours (in cars) and days (in battery storage facilities) the toxic smoke billows into the air and creates hazardous air quality for the entire area. Not to mention what potential dangerous chemicals are in the water run off from these fires! With the Nighthawk Battery Storage Facility being on the agenda for tomorrow's council meeting, I hope you both take a serious look at what the proposed battery storage facility could do to our local environment Wlliill. it catches on fire. (I use "when" rather than "if' because it seems to be only a matter of time before the Lithium Batteries overheat and ignite.)
I understand the storage facility was designed with input from Fire Professionals, but was air quality and water run off considered in these analyses? Please consider the health and wellness of your constituents in District 4 and the entirety of Poway.

Thank you!
Colleen Matthies
District 4 - Garden Road Resident
2 of29 September 17, 2024, Item #2
From:

To:

Subject:

Date:

Donna Tylor
cavlin frank
Battery Storage Facility
Monday, September 16, 2024 1:53:52 PM
You don't often get email from [email protected] Learn why thi~ is impo rtant E TEI L E~IAI
Dear Caylin Frank,
My name is Donna Tylor. My husband Richard Tylor and I have lived in the Rolling Hills Estates sub division in Poway since 1999. We both voted for you in the November Poway City Council 2018 election.

Having a representative that represents South Poway was a welcome change, as we have often seen first hand how North Poway, where the mayor and other council members have lived, receive preferential treatment, in stark contrast to the residents of South Poway. We are deeply concerned that you voted in favor of the 300 Megawatt lithium ion battery storage facility planned between Kirkham Way and Beeler Canyon Road. No lithium battery storage facility can de designed that is 100 percent safe, even when using the latest and best safety practices to eliminate risk to operators, firefighters and the community. I am certain this facility would never even be considered in North Poway.

Placing the facility in this location poses an unacceptable risk to nearby homes and schools. We have had our homeowner insurance policy with State Farm, that we had for 24 years, cancelled due to unacceptable high fire risk and are trying to find an affordable insurer at this time. I am certain that this facility will result in us not being able to get affordable homeowners insurance. To place this facility in a high risk fire zone is not acting responsibly.

As a public official your first responsibility is the health, safety and welfare of your constituents. We urge you to rescind your yes vote and stop this facility from being built in South Poway.

Sincerely,
Donna Tylor
Richard Tylor
Contact Information:
11715 Creek Bluff Drive
Poway, CA 92064
858 842 1422
3 of29 September 17, 2024, Item #2
From:

To:

Subject:

Date:

Attachments:

Jeffrey Schmidt
Carrie Gallagher
9/17/24 meeting agenda Item 2
Monday, September 16, 2024 11:09:48 AM
Sept17 City Council Agenda Item2 finaLdocx

EXTERNAL EMAIL
Carrie,
Please find my attached letter concerning agenda item no. 2 for the meeting tomorrow.

Jeffrey.W .Schmidt @hotma il. com
Phone : 858-692-7664
4of29 September 17, 2024, Item #2
Sept16,2024
Jeff Schmidt
13712 Tobiasson Road
Poway, CA 92064
Poway City Council
13325 Civic Center Drive
Poway, CA 92064
Subject: Poway City Council Meeting 9/17/2024 Item 2, 2nd reading Ord. 871 Dear Council Members,
As a long-time resident of Poway and an active participant in local civic matters , I feel compelled to express my concern regarding the delays in accessing important documents related to City government activities . Specifically, I am referring to the original and revised reclamation plans for the Cal Mat plant.

In relation to the adoption of Ordinance No. 871, I have been unable to obtain the Cal Mat reclamation plan in a timely manner, which has hindered my ability to review and verify that the reclamation process will maintain a viable wildlife corridor during and after. Despite my request, I was not able to access the document before the first reading of the ordinance, and now, before the second reading, the document still has not been provided.

Twice in succession, the City has responded to my request with a delay request:

Please be advised that although discovery on your request in underway, this letter serves as written notice of an additional 14 day extension due to Ca Gov Code 7922.535 (C.) 2; "The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request." And ...
"The City requires an extension of the standard 10-day time period for making its determination on your records request, based on the need to 'search for, collect, and appropriately examine the voluminous amounts of records that are demanded in a single request."
This request for delays, issued twice, resulting in a 24-day delay, seems excessive in regard to this request. I am concerned that the City is intentionally obstructing access to the documents, which I believe could be in violation of the California Public Records Act. 5 of 29 September 17, 2024, Item #2
Furthermore, withholding documentation that pertains to the subject of a public hearing may also contravene the California Brown Act.

This lack of transparency has raised concerns regarding the City's willingness to provide full and open access to critical information, and it undermines my confidence in the integrity of our local government.

I respectfully urge the Council to ensure that these documents are made available without further delay, and to reaffirm the City's commitment to transparency and public participation in its decision-making processes.

Please see the attached document for a sequential history of my records requests and the responses.

Sincerely,
Jeffrey W. Schmidt
[email protected]
Published in the Poway News Chieftain on Thursday, August 8, 2024. Order No. 24- 071
DATE OF MEETING: August 20, 2024 TIME OF MEETING: 7:00 p.m. LOCATION OF MEETING:

City Council Chamber 13325 Civic Center Drive Poway, CA 92064 PROJECT NAME:

Nighthawk SPA22-0002/Amendment to SPSP; Zoning Change from MRE to LI for APN:
32003103 STAFF: Mary Piscitelli, Associate Planner EMAIL: [email protected] PHONE NUMBER: (858) 668-4657 ANY INTERESTED PERSON may review the staff report for this item and obtain additional information by contacting the staff member listed above. The staff report is released the Tuesday before the hearing date and is available by visiting the City's website at www.poway.org.
8/14/2024
6 of29 September 17, 2024, Item #2
From: Jeffrey Schmidt <[email protected] >
Sent: Wednesday, August 14, 2024 4:43 PM
To: Tracy Beach <[email protected]>
Cc: Stan Donn <[email protected]>; Vianey Rivera <[email protected]>; Marianne Buscemi <[email protected]>
Subject: RE: What is going on above the Calmat plant?

EXTERNAL EMAIL
Tracy,
Since this is coming up soon at the City Council, can you provide me with the reclamation plan please?
Jeff
8/14/2024
Hi Jeff,
Please submit a Public Records Request form through the City Clerk's office to request the document.

Thanks,
Tracy Beach, PE, CFM, QSD
City Engineer '
City of Poway
13325 Civic Center Drive
Poway CA 92064
7 of29 September 17, 2024, Item #2
(858) 668-4652
tbeach@Powa¼.Q.(g
PRR 2024-147
8/21/2024
Records Requested
Please provide the original reclamation plan and any approved revisions for the Calmat plant area and the Nighthawk Battery Storage facility.

Thu 8/29/2024 5:23 PM
Subject: PRR 2024-147 Schmidt, Jeffrey
Good Afternoon,
This is an update to your attached request:

Respectfully,
Jazmin Fisher
Senior Administrative Assistant
13325 Civic Center Drive
Poway, CA 92064
P: (858) 668-4534
jfisher@poway .org
Thu 9/12/2024 5:30 PM
Subject: PRR 2024-147 Schmidt, Jeffrey
Good Afternoon,
Regarding your attached request, staff has worked to search and collect your requested documents; however, under the Public Records Act, the City requires an extension of the standard 10-day time period for making its determination on your records request based on the need to "search for, collect, and appropriately examine the voluminous amounts of records that are demanded in a single request ."
Please be advised that this letter serves as written notice of an extension. Please be assured that the City is making every effort to respond effectively to your request. We will 8 of29 September 17, 2024, Item #2
notify you in writing with a determination on your request and/or the documents that may be responsive to your inquiry .

Respectfully,
Jazmin Fisher
Senior Administrative Assistant
13325 Civic Center Drive
Poway, CA 92064
P: (858) 668-4534
jfisher@powa¼.Q__[g
9 of29 September 17, 2024, Item #2
From:

To:

Cc:

Subject:

Date:

KarenKen Kuhn
Steve Yaus; Caylin Frank; Brian Pepin; Anita Edmondson; Peter De Hoff [email protected]; [email protected]; [email protected]; [email protected],gov; feather. William /NBCUniversal} Nighthawk Project in Poway
Friday, September 13, 2024 11:24:26 AM
You don't often get email from [email protected]. Learn why this is important

EXTER AL EMAIL
To Poway City Council Members .

I'm writing to urge you to reconsider your approval of the Nighthawk/Arevon battery storage facility you are set to vote on next Tuesday , 9/17.

I have chosen to make Scripps Ranch home for my family for the past 14 years. Over the past 2 years since this Nighthawk project has been brought to my attention , I have attended MANY community meetings about this topic to learn more information and ask questions.

Basically, I was told that these batteries can never burn, would be self-contained and are not an environmental hazard. I was also told that the Nighthawk batteries are different from all the other batteries so don't worry. Well, watching the latest news reports about the September 5th lithium-ion SDG&E Battery Bank Storage fire has me worried . Evacuations were ordered, school and business closures happened, hazmat was dispatched, and the battalion chief said he "wanted the batteries to burn and not put water directly on the fire as it will create a bigger mess".

We live in a fire zone so why would Poway add a potential fire hazard so close to resident homes? Why is Poway willing to add that fire risk to the Stonebridge neighborhood that has only a one way in and one way out road for evacuations? I understand that Nighthawk has put forth claims that the Lithium Iron Phosphate technology they plan to install is far superior to Lithium-Ion batteries, but I'm sure that same claim was made to countless City Councils about Li-Ion BESS facilities before they were installed , and ultimately burned in their cities. Per NBC News San Diego, there have been 45 BESS fires since 2021.

I urge you to reconsider the implications that the vote of this five-member board will potentially have on your Scripps Ranch neighbors .

Thank you,
Karen Kuhn
10 of29 September 17, 2024, Item #2
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Poway City Council Members,
I live in the Stonebridge neighborhood and am writing to express my concern with the Nighthawk/Arevon battery energy storage facility pending approval by the City Council. I have attended previous meetings where the proposal was discussed and see the approval is on the agenda for the September 17, 2024 meeting. At the August 20, 2024 meeting, lhe Community Benefit was shared- a minimum of $12 million to be paid to the City via a $2 million contribution. at least $6.5 million in property tax and at least $3.5 million in sales and use tax during the development. In addition, the City will receive a $10.000 contribution each year to support a civic association in the City of Poway. Also worth noting is the Company agreed to reimburse the City of Poway for all incident management costs incurred by the City during construction, maintenance. operation and decommissioning. The economic benefit and limited future financial risk to the City of Poway is crystal clear. but more consideration needs to be given to the potential risk to residents and businesses.

While I understand the battery technology planned for the Poway facility is different from the technology at the Escondido and Olay Mesa facilities, we should reflect on how that technology was viewed at the time of approval. Was the lithium ion technology deemed safe? The answer to this must be yes or the projects would not have been approved, correct? With the recent fires in the San Diego area and elsewhere, those safety claims are not supported by real world evidence. According to an article by NBC News San Diego. there have been 45 battery energy storage system fires since 2021.

The fires in Olay Mesa and Escondido resulted in sheller in place orders and evacuations of residents, schools and businesses. The impact of these incidents includes relocation costs for residents, lost revenue for businesses, lost learning time for children, and potential health effects from the toxic fumes that may not be understood for years to come.

As I understand. the lithium iron phosphate battery system proposed for the Poway site is a newer technology that has been subject to controlled environment testing with limited real world experience. While I appreciate the City Council required additional safety measures, including a higher firewall and additional fire safety protocols, is a site localed so close to homes, businesses, schools and day care facilities an acceptable location to test the real world performance, including the potential emission of toxic fumes to the surrounding area? As I am sure you are aware, at a meeting on September 11, 2024, the San Diego County Board of Supervisors took action that included a call for these storage systems to avoid being localed in residential areas. The San Diego unit chief for Cal Fire is to analyze appropriate residential buffer distances based on plume modeling and develop a plan for battery energy storage system facilities, including how far these storage systems should be from residential areas. I am interested to know if the City of Poway has done this analysis given the proximity of the proposed site to residential areas including Beeler Canyon, Rolling Hills Estates, and Stonebridge, as well as schools and daycare centers, including Discovery Isle and St. Gregory the Great Catholic School.

As noted earlier, I attended the Poway City Council meeting on August 20, 2024. Based on the well-orchestrated parade of supportive speakers, the Council's enthusiastic questions and comments, and lack of any substantive comments or questions regarding the impact to residents, it was evident to me that requesting reconsideration and further review would be dismissed. That said, given the most recent incident in Escondido and action by the County Board of Supervisors, I urge you to reconsider the position of the City of Poway.

Best regards,
Kelli Richard
Reference:
bttps · //www nbcsaodiego com/news/san -diego-supervisors-to -consider-lithium-ioo -battery-storage-pause-followiog-fires/3620427/ bttps · //www saodiego11oiontrib11oe com/2024/07/J 7/san-d jego-county-to-adopt -standards-on-ft,ture -battery -storage-facilities/ bttps · //co ntent govdelivery.com/attachments/CASAND/2024/07/J 2/file attachments/2936094/07J 72024%20Regwar%20Agenda pdf 11 of 29 September 17, 2024, Item #2
From:

To:

Cc:

Subject:

Date:

Attachments:

Lori Grennan
Carrie Gallagher
Brian Pepin
RE: 9/17/24 Council Meeting Agenda, Item #2, Nighthawk Battery Storage Monday, September 16, 2024 1:09:20 PM
Council Meeting. 9 17 24 Item #2. No 871. Lithium-Ion Battery storage Facilitv.pdf Some people who received this message don't often get email from [email protected]. Learn why this is important
EXTERNAL EMAlL
Good Afternoon Carrie and Brian.

I hope you are doing well! Attached are my slides for tomorrow's city council meeting. They are for Item #2, Nighthawk Lithium-ion Battery Storage Facility.

Have a great afternoon!
Best wishes,
Lori Grennan
858 518-9901
12 of29 September 17, 2024, Item #2
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Reasons:

Request to Reconsider Lithium-ion Storage Facility at Beeler Canyon Item #2, 2nd Reading of Ordinance No 871
from Consent Calendar
Impact of Otay Mesa and Escondido Lithium-ion Battery Storage Facility Fires Residents' exposure to Toxic Fumes
Battery Proximity to Beeler Canyon which is in a Very High Fire Hazard Severity Zone Doesn't belong in Poway's Business Park
Next to a Wildlife Corridor
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1.0 City News Service Reported on Sept. 11 , 2024
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September 17, 2024, Item #2
From:

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Date:
[email protected]
Steve Vaus; cavlin Frank; Brian Pepin; Peter De Hoff; Anita Edmondson [email protected]; [email protected]; [email protected]; [email protected] gov; Feather. William INBCUniversan: [email protected] Nighthawk Battery Energy Storage System Concerns
Thursday, September 12, 2024 9:50:11 PM
Some people who received this message don't often get email from [email protected]. LP;:irn why this 1s imoortant

EXTERNAL EMAIL
Poway City Council Members ,
I'm writing to urge you to reconsider your approval of the Nighthawk/Arevon battery storage facility you are set to vote on next Tuesday , September 17. I recognize that the $12 million in direct benefits Nighthawk has promised is tempting, but the risk to which you are exposing your residents and business owners cannot be quantified.

I understand that Nighthawk has put forth claims that the Lithium Iron Phosphate technology they plan to install is safe, impervious to thermal runaway , and far superior to Lithium Ion batteries. No doubt, similar claims were made to numerous City Councils about Li-Ion BESS facilities before they were installed, and ultimately burned in their cities. Per NBC News San Diego, there have been 45 BESS fires since 2021. Even one fire in a residential area would be unacceptable .

Just like in Escondido last week, these fires often result in multi-day evacuations of schools and businesses, resulting in lost revenue, lost instruction time for children, and potential health effects to residents and first responders that may not be known for years to come. Nighthawk may claim that Lithium Iron Phosphate "doesn't burn" or emit flames the way Lithium Ion batteries do (an unproven claim at best)- but what about the air conditioning units that will be used to keep the containers temperature controlled? The AC unit is reportedly where the fire started at the BESS facility in Escondido and triggered the chain reaction that emitted toxic fumes into the air for miles.

The fact is, Lithium Iron Phosphate batteries are a new technology that have been subject only to controlled environment testing, with limited real world data to point to. Do you really want Poway and all of its residents, businesses and neighbors to be the guinea pigs? I certainly don't. But unfortunately , I'm not the one who holds the power to make this decision - YOU are the ones entrusted to decide this for me, for my children, and for my neighbors who share my concerns.

You may be aware that just yesterday , 9/11/24, the San Diego County Board of Supervisors voted to regulate "the approval and operation of future energy-storage sites in unincorporated areas" because they recognize the hazards they pose to property and human health. Board Vice Chair Terra Lawson-Remer was quoted as saying, "these facilities must be sited and built in ways that protect the health and safety of our residents ." The Board of Supervisors has called for these storage systems to avoid being located in residential areas - in the case of the Nighthawk project, this would include Beeler Canyon, Rolling Hills Estates, and Stonebridge - or near schools or daycare centers, which would include Discovery Isle Preschool and potentially St. Gregory the Great Catholic School. If the Board of Supervisors has the frame of mind to recognize the dangers these battery storage facilities pose to property and human life, why does Poway City Council not understand the same? It was clear from your comments at the last City Council meeting that you all favored this project moving forward.

But before it is officially put to a vote next Tuesday, I urge you to reconsider the implications that the vote of this five-member board will potentially have on tens of thousands, if not more.

Thank you,
Lars Hungerford , Ph.D., ABPP-CN
27 of 29 September 17, 2024, Item #2
Board Ce1tified Neuropsychologist
Reference:
htlps :/ /www .n bcsa nd i ego.com /news / san -d i eg o-s u perv i so rs-to-cons i de r-1 i th i u 111- i on-batte rv-storage -pa use-fo 11 owing fi res/367 0477 /
https :/ /w,vw .sandiego un iontr ibune.co m/7 07 4/07 / 1 7 /sa n-diego -cou ntv-to-adopt-standa rds-on-future-batlerv-storage fac i l ities/
https ://content. govdel i verv .com /attac hme nts/CASA ND /2024 /07 / 12/fi le attac hmen ts/2 936094 /07 1 72024 %20Reg ula r%2 0Age ncla.pclf
28 of 29 September 17, 2024, Item #2
From:

To:

Cc:

Subject:

Date:

Jina Chen Iwv
~ ; cavlin Frank;~ ; Peter De Hott; Anita Edmondson
Andrew,ootter@sdcountv ca gov; Terra tawson-Remer@lsdcountv ca aov; Joel anderson@sdcountv ca aov: iim desmond@sdcountv ca gov; Ee.athec William CNBCUniversall: rob nikolewski@sduoiootribune com Nighthawk battery storage
Thursday, September 12, 2024 8:38:45 PM
Some people who received this message don't often get email from [email protected]. I earn why this i< important

EXTER A EMAJ L
Poway City Council Members,
I am a resident of Stonebridge Neighborhood , in the Scripps Ranch 92131 area code. It is with great concern that I've been following the proposed development of the Nighthawk battery storage unit so close to my residential community. We already live in a high fire risk area here in San Diego, and our community of Stonebridge only has one paved road in and out of the area. A fire in our area would not only be devastating but also possibly deadly. I have three young children and that is my greatest fear regarding this project.

I'm writing to implore you to reconsider your approval of the Nighthawk/Arevon battery storage facility you are set to vote on next Tuesday, 9/17. I recognize that the $12 million in direct benefits Nighthawk has promised is tempting, but the risk you are exposing your residents and business owners to cannot be quantified .

I understand that Nighthawk has put forth claims that the Lithium Iron Phosphate technology they plan to install is far superior to Lithium Ion batteries, but I'm sure that same claim was made to countless City Councils about Li-Ion BESS facilities before they were installed, and ultimately burned in their cities. Per NBC News San Diego, there have been 45 BESS fires since 2021.

Just like in Escondido last week, these fires often result in multi-day evacuations of schools and businesses, resulting in lost revenue, lost instruction lime for children, and potential health effects to residents and first responders that may not be known for years to come. Nighthawk may claim that Lithium Iron Phosphate "doesn't burn" or emit flames the way Lithium Ion batteries do - but what about the air conditioning units that will be used to keep the containers temperature controlled? The AC unit is reportedly where the fire started at the BESS facility in Escondido and triggered the chain reaction that emitted toxic fumes into the air for miles.

You may be aware that just yesterday, 9/11/24, the San Diego County Board of Supervisors voted to regulate "the approval and operation of future energy-storage sites in unincorporated areas" because they recognize the hazards they pose to property and human health. Board Vice Chair Terra Lawson-Remer was quoted as saying, "these facilities must be sited and built in ways that protect the health and safety of our residents."
The Board of Supervisors has called for these storage systems to avoid being located in residential areas - in the case of the Nighthawk project, this would include Beeler Canyon, Rolling Hills Estates, and Stonebridge - or near schools or daycare centers, which would include Discovery Isle Preschool and potentially St. Gregory the Great Catholic School. If the Board of Supervisors has the frame of mind to recognize the dangers these battery storage facilities pose to property and human life, why does Poway City Council not understand the same?
It was clear from your comments at the last City Council meeting that you all favored this project moving forward. But before ii is officially put to a vote next Tuesday, I urge you to reconsider the implications that the vote of this five-member Council will potentially have on tens of thousands, if not more.

Thank you,
Tina Twu
Reference:
bttps·owww nbcsandiego com/news/san-diego-supervisors-to-consider-litbiuro-ion-battery-storage-pause-followjng-fires/3620427/ bttps • //www s andiegouniontctbune com/2024/07/17/s an-diego-cou nty-to-ado pt-standards-on-future-battery-storage-facilities/ https-/kontent govdeHvery com/attachments/CASAND/2024/07/12/file attachments/2936094/07172024%20Regular%20Agenda pdf 29 of29 September 17, 2024, Item #2

Poway City CouncilSeptember 17, 2024

Poway City Council
September 17, 2024