2024 01-16CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
January 16, 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; Deputy City Attorney
Scott Cooper; City Clerk Carrie Gallagher; Director of Development Services Bob Manis; Interim
Director of Finance Brad Rosen; Director of Human Resources and Risk Management Jodene
Dunphy; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Lieutenant
Gavin Lanning, 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 led a moment of silence.
PRESENTATIONS:
Proclamation — Jeannie Hume
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PUBLIC COMMENT:
Loretta Gibson, representing the Poway Library, invited the community to participate in upcoming
activities including programs for both children and adults.
CONSENT CALENDAR:
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to approve Consent Calendar
Items 1 through 6. 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. Approval of the October 3, 2023, October 17, 2023, and November 7, 2023 Regular City
Council Meeting Minutes
3. Acceptance of the FY 2023-24 Citywide Striping Project with Statewide Stripes, Inc., as
Complete
4. Approval of Consultant Agreement with Engineering Partners Inc., to provide design services
for the Water Pump Stations Nos. 8 — 12 Motor Control Center Upgrades; RFP No. 24-008
5. Award of Contracts to Econolite Systems, Inc., and STC Traffic, Inc., for the Traffic Signal
Controller Upgrades — Citywide Communication Improvements Project, Bid No. 24-001, and
Determine the Project as Categorically Exempt from the California Environmental Quality Act
6. Award of Agreement to Agricultural Pest Control Services, Inc., for As -Needed Pest Control
Maintenance Services; RFP No. 24-010
ORDINANCES FOR INTRODUCTION:
7. Amendments to Chapters 17.08 and 17.56 of the Poway Municipal Code Regarding (1)
Multifamily Development Requirements, (2) Batch Broadband (Wireless Communication
Facility) Permit Applications
Deputy City Attorney Scott Cooper presented the item and explained, as part of the City's
efforts to comply with updates in state law and to clean up outdated provisions, the proposed
Ordinance amends two sections of the Poway Municipal Code (PMC).
The proposed amendment to PMC Chapter 17.08 would remove the current requirement to
include swimming pools in all multifamily complexes, giving owners the option to include this
amenity at their discretion.
The proposed amendment to PMC Chapter 17.56 relates to wireless communication facilities
(WCFs) enacted in 2019 providing the City with maximum discretion over WCFs within the
City's rights -of -way as permitted by state and federal law. Chapter 17.56 was thereby created
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in response to rulings making it clear much of the City's authority over WCFs in the right-of-
way is preempted by federal law.
Mr. Cooper noted, effective January 1, 2024, Assembly Bill (AB) 965 was enacted for the
purpose of increasing access to internet broadband infrastructure thereby allowing for batch
broadband permit processing of multiple permit applications at the same time, provided they're
similar. He explained, cities with less than 50,000 people, which includes Poway, can adopt
an Ordinance limiting the batch approval to a maximum of 25 applications, dramatically
reducing the impact on City staff.
The proposed Ordinance would impose the authorized limit of 25 batched applications,
consistent with the Council's direction to retain as much local control as possible and alleviate
potential burdens that larger batches would impose on City staff.
Public Comment
None.
End of Public Comment.
As requested by the Mayor, City Clerk Gallagher titled the Ordinance.
Ayes: De Hoff, Edmondson, Pepin, Frank, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to introduce Ordinance No.
864 entitled "An Ordinance of the City Council of the City of Poway, California,
Amending Chapters 17.08 and 17.56 of the Poway Municipal Code to (1) Eliminate the
Multifamily Swimming Pool Requirement, and (2) Limit Wireless Communication
Facility Batch Applications to the Statutory Minimum," for first reading and schedule
the second reading and adoption at the next regularly scheduled City Council meeting.
Motion carried 5/0.
PUBLIC HEARINGS:
None.
STAFF REPORTS:
8. Approval of Encroachment Agreement (EA) between the City of Poway and Pome BESS, LLC
for Long Term Encroachment of the Public Right -of -Way for the installation of an underground
Gen -Tie (General Transmission) line
Associate Planner Shravani Gupta Singavarapu and Assistant City Manager Wendy
Kaserman presented the item along with a PowerPoint presentation.
Ms. Singavarapu provided the project's background and stated the site location is within the
South Poway Specific Plan (SPSP) area. She noted the Encroachment Agreement (EA) is
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related to the battery storage project previously approved administratively by staff. A vicinity
and zoning map showing the project site was presented. She described conditions included
in the approved Development Review (DR) for the battery storage project noting the existing
structures are to be demolished, and the site is to be redeveloped with a battery energy
storage facility consisting of lithium -ion batteries housed in containers, inverters, transformers
and associated equipment. An underground general transmission (gen-tie) line serves to
interconnect from the project site to the SDG&E Pomerado Substation.
Ms. Kaserman described the item for consideration as an EA between the City and Pome
BESS for long term access to the City's right-of-way to construct underground transmission
lines. In order for the Pome BESS project to transmit power between their facility and the
SDG&E Pomerado Substations, Pome BESS will need long term access to the City's right-of-
way for construction of the transmission line.
Ms. Kaserman described the terms of the agreement which include a per square foot charge
with an escalator to increase the annual payments in accordance with inflation, renewal
periods, maximum contract length, and termination clauses. The City included indemnity and
assumption of risk provisions in the agreement and required maintenance of insurance
provisions consistent with requirements for all City agreements, which would remain in place
for the duration of the work on the public right-of-way. She noted review of the proposed
agreement by all relevant City departments, including the City Manager's Office, City
Attorney's Office, Development Services Department, Human Resources and Risk
Management Department and the Fire Department and added the Fire Marshal and Deputy
Fire Marshal review determined there was no safety risk with the underground gen-tie line
which would be constructed in accordance with California Electric Code and California Fire
Code.
Public Comment:
None.
End of Public Comment.
Council discussion ensued. Council noted the lack of public benefit in granting the long-term
easement and use of the public right-of-way. Council also shared concerns over future
expansion considerations for the site, battery replacement and battery efficiency. Council
discussed the need for battery storage within Poway.
Responding to questions from Council, Ms. Kaserman discussed the annual fee and escalator
clause in the agreement.
Kathy Lin, Chief Development Officer of Eolus North America and representing Pome BESS,
responded to Council questions regarding the energy transmission output and storage
capacity of the project. Ms. Lin also provided additional details on the design and engineering
implications of upscaling the project.
Motioned by Councilmember De Hoff, to approve the Pome BESS Encroachment
Agreement with Pome BESS, LLC and authorize the City Manager to execute the
Agreement on behalf of the City, as well as make any minor modifications or take
further action that may be necessary to effectuate the intent of the Encroachment
Agreement. Motion died for lack of a second.
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Following direction by Deputy City Attorney Cooper, Council amended their motion as
follows:
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to deny the Pome BESS
Encroachment Agreement with Pome BESS, LLC. Amended motion to deny carried 4/1
(De Hoff: No)
Ayes:
Edmondson, Pepin, Frank, Vaus
Noes:
De Hoff
Abstained:
None
Absent:
None
Disqualified:
None
9. Approving a CaIPERS 180-day Waiting Period Exception to Hire a Retired Annuitant
Director of Human Resources and Risk Management Jodene Dunphy presented the item. She
explained the City has a current vacancy in the position of Associate Civil Engineer in the
Capital Improvements Project section of the Engineering Division. She noted the critical need
to temporarily fill the position during the open recruitment period so that critical capital
improvement projects continue to move forward. She explained, recently retired Special
Projects Engineer Mr. Jeff Beers has agreed to work on a temporary basis as a retired
annuitant while the City recruits an engineer. Mr. Beers retired this past December (2023)
after more than 22 years of service with the City of Poway and has the specialized knowledge,
skills and abilities needed by the City. The formal recommendation is to approve the resolution
waiving the CaIPERS 180 day waiting period, so that Mr. Beers may work as a retired
annuitant for the City of Poway.
Public Comment:
None.
End of Public Comment.
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to approve Resolution No.
24-001 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 Government
Codes Sections 7522.56 and 21221(h)." Motion carried unanimously.
WORKSHOPS:
None.
COUNCIL -INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C.
53232(d))
Councilmember Pepin thanked Community Services staff for their work in organizing numerous
community events over the holiday season.
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Councilmember De Hoff thanked Fire Chief Jeff Chumbley and the Poway Fire Department staff
for their assistance on a personal medical matter.
Deputy Mayor Frank echoed her appreciation towards City staff for hosting community events
throughout the holidays. Ms. Frank noted an increase in event participation following the absence
of COVID restrictions.
Mayor Vaus acknowledged the Lake Poway Playground Celebration, held on Wednesday,
December 27, 2023, noting the newly renovated playground structures. Mr. Vaus commented
positively on his experience participating in a ride -along with local Sheriff's deputies.
CITY MANAGER ITEMS:
City Manager Chris Hazeltine thanked Council for their approval of Item 9, noting the difficulty in
hiring and filling City positions in the current job market.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
None.
CLOSED SESSION:
10. Conference with Legal Counsel — Anticipated Litigation (Government Code § 54956.9(d)(2))
— One (1) Case
11. Conference with Legal Counsel — Existing Litigation (Government Code §54956.9(d)(1)) —
One (1) Case; Kelly v. City of Poway, United States Court of Appeals for the Ninth Circuit,
Case No. 22-55920
Mayor Vaus recessed the Regular City Council meeting into Closed Session at 7:40 p.m.
ADJOURNMENT:
City Attorney Alan Fenstermacher reported no action was taken.
The meeting was adjourned at 8:30 p.m.
Carrie Gallagher, CIVIC
City Clerk
City of Poway, California
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