Item 2 - Approval of the April 6, 2021 City Council Meeting MinutesAGENDA REPORT CityofPoway
DATE:
TO:
FROM:
May 4, 2021
Honorable Mayor and Members of the City Council
Vaida Pavolas, City Clerk 'If'
(858) 668-4535 or vpavolas@poway.org
CITY COUNCIL
SUBJECT: Approval of the April 6, 2021 Regular City Council Meeting Minutes
Summary:
The City Council Meeting Minutes submitted hereto for.approval are:
• April 6, 2021 Regular City Council Meeting Minutes
The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the
Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.
Recommended Action:
It is recommended that the City Council approve the April 6, 2021 Regular City Council Meeting
Minutes.
Public Notification:
None.
Attachments:
A. April 6, 2021 Regular City Council Meeting Minutes
Reviewed/ Approved By:
Assistant City Manager
1 of7
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
May 4, 2021, Item #2
ATTACHMENT ANOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES April 6, 2021 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 John Mullin, Caylin Frank, Dave Grosch, Barry Leonard, Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Vaida Pavolas; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Fire Chief Jon Canavan; Captain Dave Schaller, 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 Leonard led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus led a moment of silence. PRESENTATIONS Mayor Vaus presented a proclamation to the Poway Valley Senior Citizens Corporation for their support, generosity and commitment to our older adults and seniors and their donation of $75,528 in kitchen equipment to the new Mickey Cafagna Community Center. PUBLIC COMMENT 2 of7 May 4, 2021, Item #2
City of Poway -Minutes -April 6, 2021
Joe St. Lucas, via teleconference, inquired about Fourth of July fireworks.
Yuri Bohlen, via teleconference, spoke regarding local preference for the Villa De Vida units.
Michael Rennie, via teleconference, introduced Poway OnStage's Virtual Field Trip, Introduction
to Instruments.
CONSENT CALENDAR
Motioned by Mayor Vaus, seconded by Councilmember Grosch to approve Consent
Calendar Items 1 through 7. Motion carried by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Mullin, Frank, Grosch, Leonard, Vaus
None
None
None
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the March 2, 2021 Regular City Council Meeting Minutes
3. Adoption of Resolution No 21-015 entitled "A Resolution of the City Council of the City of
Poway, California, Finding and Declaring the Continued Existence of an Emergency within
the City due to the Novel Coronavirus (COVID-19) to Continue the Existence of a Local
Emergency Global Pandemic"
4. Award of Agreement with Duke's Root Control Inc. for Sanitary Sewer Chemical Control
Services
5. Acceptance of the Annual Trash Capture Program; Bid No. 21-003 with Bio Clean
Environmental Services, Inc. as Complete
6. Adoption of Resolution No. 21-016 entitled "A Resolution of the City Council of the City of
Poway, California, Accepting an Offer to Dedicate a Utility Easement on Dos Amigos Trail on
City of Poway Parcel Map 16504"
7. Extension of the Fiscal Year 2018-2019 Street Overlay Project Contract for the Fiscal Year
2020-2021 Street Maintenance Project; Bid No. 19-013 (Second Amendment) with SRM
Contracting and Paving, Inc.
ORDINANCES FOR INTRODUCTION
None.
ORDINANCES FOR ADOPTION
None.
PUBLIC HEARINGS
None.
3 of7 May 4, 2021, Item #2
City of Poway -Minutes -April 6, 2021
STAFF REPORTS
8. Pre-Development Conference (PDC) 21-001, a Request for a 20-Lot Subdivision that Extends
Holly Oak Way and Utilizes an Affordable Housing Density Bonus on a 4. 77-Acre Parcel
Located at 13667 Twin Peaks Road in the RS-4 Zone
Associate Planner Scott Nespor presented the report outlining the proposed residential
subdivision along with a PowerPoint presentation. Mr. Nespor clarified that the Council would
not be rendering a decision and any feedback provided is advisory only. He explained that the
applicant will provide one deed-restricted affordable housing unit which qualifies the project
for a State density bonus allowing the developer to create five additional residential lots for
the project. To accommodate the five additional units, Mr. Nespor added that the developer is
requesting concessions to deviate from development standards that include the reduction of
the minimum lot size and a reduction of side yard setback requirements to allow the additional
units. He further explained that the applicant proposes to extend Holly Oak Way to provide
access to the subdivision, however, in response to opposition received at the January 23,
2021 neighborhood meeting, the applicant prepared an alternate plan for a new cul-de-sac
with access from Twin Peaks Road. Since the agenda item was a PDC, Mr. Nespor noted a
traffic study was not required. He added that the properties which take access from Holly Oak
Way have Deed Covenants recorded on their titles advising future property owners of a future
extension to Holly Oak Way.
City Attorney Alan Fenstermacher clarified that State density bonus laws require the City to
allow an increase in density and waive or allow a reduction in development standards as it
relates to lot sizes and setbacks if requested.
Jack Robson, Vice President of Planning and Land Development, and Ure Kretowicz, CEO of
Cornerstone Communities, presented an overview of the proposal along with a PowerPoint
presentation.
The following speakers submitted email correspondence in opposition to the proposed project:
Allan Preckel, Quoc Vuong, Jeff McGinn and Cary & Dany Gann.
The following speakers spoke, via teleconference, in opposition to the proposed project: Keith
Kezer, Jeff McGinn, Jim Bunner, Donna Kent, Fred Zuill, Yuri Bohlen and Mark.
In response to public comment, the applicant clarified that the preference is to access the
development from Holly Oak Way.
In response to public comment, Mr. Fenstermacher clarified that density bonus is based off a
mathematical formula written in the State statute. He added that the applicant has not
proposed any concessions or incentives at this time.
Council discussion ensued regarding the State's affordable housing laws and the limited
discretion on the City's development standards.
Council provided feedback to staff and the applicant to evaluate access to the site and
conduct a traffic study regarding access from Twin Peaks Road.
9. Poway Center for the Performing Arts (PCPA) Workshop
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City of Poway -Minutes -April 6, 2021
Assistant City Manager Wendy Kaserman presented the report along with a PowerPoint
presentation. Ms. Kaserman provided an overview of the previously held PCPA workshops to
discuss different operating models and opportunities to reduce the annual General Fund
subsidy. Although the PUSD expressed an interest in potentially acquiring the PCPA, there
was a strong community interest received for the City to maintain operational control of the
PCPA. She explained that in July 2020, the Mayor appointed Deputy Mayor Leonard and
Councilmember Grosch to a new PCPA ad hoc committee to meet with user groups and report
back to Council on their findings. Ms. Kaserman continued to explain that at the December 1,
2020 City Council meeting, the PCPA ad hoc committee reported out that they recommended
the City pause negotiations with PUSD for their potential acquisition of the PCPA and directed
staff to work with the ad hoc committee and user groups to develop a more financially
sustainable operating model. As a result of this direction, she noted that staff and the PCPA
ad hoc committee has had several meetings with the user groups and stakeholders to discuss
ideas and opportunities to transition to a more fiscally sustainable operating model, as well as
fund capital improvements and improve operational efficiency. In order to transition the PCPA
to a more financially sustainable operating model, Ms. Kaserman explained that staff is
seeking Council's direction regarding several decision points including the use and use policy
of the facility, cost recovery methods and fee structures, potential for negotiating new joint use
agreements with Poway OnStage (POS) and Poway Unified School District (PUSD), interest
in conducting a feasibility study for fundraising opportunities, and formation of an advisory arts
committee comprised of Poway residents.
Representing the PCPA ad hoc committee, Councilmember Leonard and Councilmember
Grosch briefly spoke regarding their meetings with the user groups and stakeholders.
The following speakers submitted email correspondence in support of the PCPA: Terry &
Virginia Bucknum, Debbora Childress, Shirley & Bill Flittie, Kristine Griffin, Marilyn Harding,
Joyce Heyn, Linda Kent, Lisa Lewis, Joan Natoli: Sue Robertson, Reuben Sttergren, Joanne
Stohs, Michelle Sund, Lisa Roleson, Robert Will, Martin O'Connor, Romona Smith, Leah
Swearingen, Brenda Tomaras, Kathie Urban, Jody Campillo, Yolanda & Richard Emery,
Wayne Hamburger & Sharon Losnick, Jesse Velasquez, Kelly Hammel, Zeena Gregg, Don
Lyons, Alan Ziter, Rachel McCarthy, Mary Karscig, Robert Thomas, Doug Dawson, Mark &
Virginia Mahigian, Janet Lettang, James Reid and Kate Hirsch.
The following speakers spoke via teleconference in support of the PCPA: Bo Matthys, Janet
Lettang, James Reid, Jim Hyldahl, Jana Johnson, Michael Rennie, Toby Batley, Kate Hirsch
and Yuri Bohlen.
Ms. Kaserman presented detailed questions for Council to provide input and direction on.
Council discussion ensued.
In regards to the use and use policy, Council provided direction to staff to 1) maintain the
current policy that the priority use of the PCPA is arts and education programming; 2) revise
the existing use policy to allow all three user groups more equitable access and more
advanced confirmation of calendar dates; 3) expand the use policy to allow for uses outside
of arts and education programming including private social functions, business and religious
uses; and 4) expand the number of days the PCPA is available for public use, including
opening in the summer.
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City of Poway -Minutes -April 6, 2021
In regards to cost recovery, Council provided direction to staff to 1) reduce the annual subsidy
in half by Fiscal Year 2022-23; 2) maintain the two existing fee categories, one for private
business, and one for non-profit; Council also expressed interest in exploring discounted rates
for Poway user groups, as well as potentially peak and off-peak rates.3) establish different
rates for private functions versus arts and education; and 4) engage a professional fee
consultant, with expertise in cost recovery, to develop fees consistent with the cost recovery
and capital funding direction provided to staff.
In regards to agreements with user groups, Council provided direction to staff to 1) & 2)
negotiate a one-year temporary new agreement with POS without a direct cash subsidy; 3)
explore the option of informally soliciting proposals for booking services, as well as explore
the possibility of hiring a staff person for event booking; and 4) negotiate a new agreement
with PUSD. Council noted that the overall goals of renegotiated agreements are more
equitable cost sharing. Additionally, in regard to whichever option is selected for booking the
professional performance series, Council expressed interest in exploring new revenue options
that could include revenue sharing.
In regards to fundraising, Council provided direction to staff to 1) have the City staff engage
the services of a professional fundraiser to conduct a feasibility study to explore the feasibility
of either a capital campaign and/or fundraising for a new endowment, including the formation
of a stakeholder committee. Council also directed staff to gather more information about the
offer from the McCarthy Foundation to fund the feasibility study to ensure that prior to
accepting the funds, the City was aware of any obligations that came with the funding; and 2)
do not pursue the formation of an advisory arts committee at this time, however the ad hoc
committee, comprised of Deputy Mayor Leonard and Councilmember Grosch, can continue
to meet.
Council provided direction to staff to 1) research similar performing arts venues to research
best practices in place at other facilities that may help improve the efficiency of PCPA
operations, reducing the operating subsidy, and generate funding for major capital projects.
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C.
53232(d))
The Mayor and Council made announcements and reported on various events taking place in the
City. No action was taken.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
10. Conference with Legal Counsel -Anticipated Litigation -added on 3130/21 at 4:40 p.m.
6 of7 May 4, 2021, Item #2
City of Poway -Minutes -April 6, 2021
Government Code§ 54956.9(d)(2) -one (1) case
Mr. Fenstermacher announced that there was no reportable action taken at Closed Session
held March 18, 2021 . At his request, Mayor Vaus adjourned the meeting into Closed Session
at 10:39 p.m.
City Council came out of Closed Session at 10:53 p.m.
ADJOURNMENT
The meeting adjourned at 10:54 p.m.
7 of7
Vaida Pavolas, CMC
City Clerk
City of Poway, California
May 4, 2021, Item #2