CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
September 17, 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 Human Resources and Risk Management Jodene Dunphy; 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 Mayor/Vice 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.
PRESENTATIONS:
None.
PUBLIC COMMENT:
Vanessa Springett spoke in support of her candidacy for District 2, Poway City Council. 1 of 5
City of Poway — Minutes — September 17, 2024
Arthur Blain promoted an honor code of conduct for elected Councilmembers and City Council candidates.
Gary Housman shared safety concerns for the corner of Espola Road and Twin Peaks Road.
Steve Wickens shared concerns regarding traffic speed on St. Andrews Drive.
CONSENT CALENDAR:
Motioned by Councilmember De Hoff, seconded by Councilmember Pepin to approve Consent Calendar Items 1 through 11. Motion carried 5/0 by the following roll -call vote:
Ayes:
Pepin, De Hoff, Edmondson, Frank, Vaus
Noes:
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. 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"
The following individual spoke in support of Item #2:
Joe St. Lucas
The following individuals spoke in opposition to Item #2:
Melissa Morris
Mary Shweid
Amir Mansoor
Christina Hennigan
Tyra Aeling
Jim Irish
Julie Gertser
Kaven Kuhn
Anushree Jain
Sally Lutz
Gary Housman
Lori Grennan
Council discussion ensued. Council addressed concerns regarding proximity to residential properties, fire safety risks, and hazard risks specific to Battery Energy Storage System (BESS) facilities, noting recent incidents San Diego County. Council responded positively to the fire and safety mitigation measures included in the project, noting the project goes above and beyond California state requirements.
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City of Poway — Minutes — September 17, 2024
Sohail Suryavanshi, Project Manager of Arevon Energy, and Keith Latham, representing the applicant, responded to Council questions. They discussed the evolution of battery technology. The applicant explained the technological advancements and safety standards differentiating their project from other BESS facilities located throughout the County. Mr.
Latham discussed earthquake risk, noting the entire project was designed according to California standards to mitigate such risk.
Responding to Council questions, Fire Chief Chumbley discussed fire safety, emergency response and mitigation strategies for BESS facilities.
Deputy Mayor Frank noted her regret that many of tonight's attendees were not in attendance at the August 20 City Council Public Hearing in which Ordinance No. 871 was introduced. She explained San Diego Fire -Rescue Battalion Chief Robert Rezende, a regional expert on BESS facilities, was in attendance that night to respond to questions or concerns.
City staff confirmed public notices were sent to local businesses and no responses were received, nor any concerns expressed by surrounding businesses.
City Attorney Alan Fenstermacher discussed the Community Benefit Agreement, noting the comprehensive indemnification provisions.
3. Award of Agreement to Blue Pacific Engineering Construction, Inc. for Booster Pump Replacement; Bid No. 25-003
4. City's Investment Report as of June 30, 2024
5. Award of Agreement to Chambers Inc. dba Roof Construction for Public Facilities Renovation Roofing Replacement at the Crosthwaite Operations Building, and Appropriation of Funds
6. Award of Agreement to ID Construction for Public Facilities Renovation Tennis Court Fencing Replacement at Poway Community Park
7. Award of Agreement to Shade Structure Inc. dba USA Shade for the Public Facility Renovation Silverset Shade Area Utilizing Sourcewell Cooperative Purchasing Program Contract No. 010521-LTS-6
The following individual spoke in support of Item #7:
Sarah Brady
8. Authorization to Purchase One (1) Mobile Column Lift System Utilizing Sourcewell Cooperative Purchasing Program Contract #013020-ARP
9. Approval of Parcel Map for Tentative Tract Map (TTM) 22-001 (Del Norte Professional Terraces Condominium Conversion); Del Norte Professional Building LLC & 12036 Saticoy St. LLC, Applicant (APN 275-461-12-00)
10. Approval of Parcel Map for Tentative Parcel Map (TPM) 22-0001 (Poway Road Urban Lot Split); Walsh Engineering & Surveying, Inc., Applicant (APN 323-180-26) 3 of 5
City of Poway — Minutes — September 17, 2024
11. Tentative Agreement Amending the Memorandum of Understanding between the City of Poway and the Poway Firefighters' Association
ORDINANCES FOR INTRODUCTION:
None.
PUBLIC HEARINGS:
None.
STAFF REPORTS:
None.
WORKSHOPS:
None.
COUNCIL -INITIATED ITEMS:
12. Letter in Support of Proposition 36: Homelessness, Drug Addiction and Theft Reduction Act Deputy Mayor Caylin Frank presented the item. Ms. Frank provided background on the voter approved Proposition 47 from 2014, meant to reduce prison overcrowding, having unintended consequences for cities and law enforcement such as increases in retail theft and trafficking of deadly drugs.
Ms. Frank explained Proposition 36 is a citizen initiative, called the Homelessness, Drug Addiction and Theft Reduction Act, seeking to change provisions of Proposition 47 and close the loopholes related to drug related crimes and drug and mental health treatment.
Proposition 36 would increase penalties for smash-and-grab crimes and create tougher penalties and accountability for repeat retail offenders and enact stricter penalties for drug dealers. She noted the initiative would promote drug and mental health treatment by restoring incentives for people who utilize drug courts that mandate treatment.
Deputy Mayor Frank noted Poway remains the safest city in San Diego County, however it is not immune to the impacts of Proposition 47.
Public Comment
None.
End of Public Comment.
Council discussion ensued noting frustration over the negative impact of retail theft on small, local businesses and responded positively to the strengthening of penalties and enforcement for these types of crimes.
City Council concurred to formally submit a letter on behalf of the City in support of Proposition 36.
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City of Poway — Minutes — September 17, 2024
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Councilmember De Hoff thanked the Fire Department on its handling of a structure fire in San Diego. Mr. De Hoff provided updates on the Metro Wastewater Commission Joint Powers Authority and its Pure Water Program.
Councilmember Edmondson reported attending the 59th Annual Poway Rotary Parade and thanked the Fire Department for their participation in the event. Ms. Edmondson also congratulated the Poway Historical Society for kicking off their 60th Anniversary celebration.
Deputy Mayor Frank invited residents to attend the upcoming Poway Rodeo scheduled September 27 and September 28, 2024.
Mayor Vaus thanked Deputy Mayor Frank for attending the San Diego Association of Governments (SANDAG) meeting as Council alternate. He provided updates on SANDAG and noted he would bring forward a request for concurrence to oppose Measure G at the next regularly scheduled meeting.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.
CLOSED SESSION:
13. Conference with Legal Counsel — Existing Litigation Government Code § 54956.9(d)(1) — Name of Case: Poway Alliance v. City of Poway, et. al., (San Diego Superior Court) Case No. 24C0009784C
Mayor Vaus recessed the Regular City Council meeting into Closed Session at 8:38 p.m.
ADJOURNMENT:
City Attorney Alan Fenstermacher reported no action was taken.
The meeting was adjourned at 8:55 p.m.
Carrie Gallagher, CIVIC
City Clerk
City of Poway, California
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