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CC 1991 02-14 CITY OF P(~Y, C/d,.IFORNIA NIH~*rE$ OF THE CITY COOl'IL AJ)~QURHET) REGULAR NEETII~ FEBRUARY 14, 1991 The February 14, 1991, meeting of the City Council of the City of Poway, adjourned from the February 7, 1991, adjourned regular meeting, was called to order at 4:35 p.m. by Mayor Goldsmith at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUI'iCILNENBER$ PRESENT AT ROLL CALL Bob Emery, Kathy McIntyre, Tony Snesko, Jan Goldsmith COUI~IL#ENBER$ AI~ENT AT ROLL CALL Don Higginson STAFF NENBER$ PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Bob Thomas Michael Putnam City Manager City Clerk City Attorney Director of Community Services Performing Arts Manager PUBLIC ORAL C(~INUNICATIOH~ Mayor Goldsmith explained the procedure for Public Oral Communications. Ricki Peitchek, 12881 Indian Trail, invited the Councilmembers, staff and the public to attend the President's Day Senior Swimming Classic which will be held at the Community Pool this weekend. ITEM 3 USE POLICY/PERFORMING ARTS CENTER Item introduced by City Manager Bowersox and additional financial data on past performances at the Center was distributed. He stated that attorney David Faustman who had worked with the Foundation to develop the proposed use policy was not able to be present today. Staff report by Director of Community Services Thomas. A joint meeting of the Performing Arts Advisory Committee and Foundation for the Performing Arts was held to develop the mission statement for the Center. The use policy was developed from that mission statement. The center is proposed to be a limited public purpose facility with its priority being fine and performing arts presen- tations. He reviewed the proposed priorities and prohibited uses. 4067 Page 2 - CITY OF POWAY ADJOURNED REGULAR MEETING - February 14, 1991 City Attorney Eckis summarized Mr. Faustman's analysis of the legality of the use policy and stated that all government buildings do not have to be open on an unlimited basis to the public. This use policy allows staff to make decisions on who uses the center on a "non-content" basis. Speaking in favor of staff recommendation: George Andreos, 13263 High Valley Road, chairman of the Foundation. He recommended raising the rental rates for the facility. Philip Butzen, 12630 Monte Vista Road, presented a letter from David Faustman. He stated fund raising is easier if the uses are limited and cited the goals for the Foundation's endowment fund. Frank Goldsmith, 13027 Avenida La Valencia, chairman of the Performing Arts Advisory Committee. He stated the Council had made a clear decision to build a theatre, not an auditorium. Dick Oliver, 13661 Acorn Patch Lane, chairman of the Foundation's membership drive. Speaking in opposition to staff recommendation: Larry Griffith, Pastor of North Oaks Community Church, 15110 Avenue of Science, San Diego, requested that churches be allowed to use Center for services. the Council discussion included Council's intention when it was approved of what the building was to be used for; what use policies have been adopted for other performing arts centers; need for a policy on the city's use of the center; need to reword the policy to make it clear that everything that is not permitted is prohibited; and desire to monitor the Foundation's fund raising efforts and financial support of the center's operating costs with an eye towards expanding the permitted uses if their goals are not met. Motion by Councllmember Emery, seconded by Councilmember McIntyre to adopt the mission statement and use policy, as amended under Restricted Uses to read, "activites not described as permitted in priorities 1-4 shall be restricted from the use of the Performing Arts Center, including, but not limited to the following..." and direction to staff to schedule a joint workshop with the Foundation and Advisory Committee regarding the economic issues. Motion carried 4-0 with Councilmember Higginson absent. ITEM 4 WATER AVAILABILITY UPDATE City Manager Bowersox stated that this item will be on every agenda for the next few weeks since the situation is changing so rapidly. The San Diego County Water Authority is meeting today and is expected to adopt the Metropolitan Water District's 30% reduction mandate. Staff will present a report at the February 19, 1991 regular City Council meeting. Council discussed the public's percep- tion with water use being allowed for construction and golf courses, and requested staff present information regarding the February water consumption at the February 19 meeting. 4068 Page 3 - CITY OF POWAY ADJOURNED REGULAR MEETING - February 14, lggl ITEM 5 CLOSED SESSION City Attorney Eckis requested a closed session to discuss City of Poway vs. City of San Diego pursuant to Government Code Section 54956.g(a}. Mayor Goldsmith adjourned the meeting into closed session at 6:40 p.m. CALl. TO ~DER AND AI),)OURNNENT Mayor Goldsmith called the meeting back to order at 6:55 p.m. with all Council- members present except Councilmember Higginson and stated the Council had taken no action in closed session. The meeting was adjourned on motion of Council- member Emery, seconded by Councilmember Snesko. The time of adjournment was 6:56 p.m. Marjor ej .~ , y City of oP~y 4069