AG EN DA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 Octobe r 4, 2022 I 7 p.m.
Thank you for participating in your local government and the City of Poway Council meetings.
M eetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m.
Meetin gs I Regular City Council meetings are held in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will be open to the public.
Public participation is encouraged in a number of ways as described below. Members of the public may attend the City Council meeting in person, watch the City Council meeting live online, or participate remotely via Zoom. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.
IN-PERSON SPEAKERS: Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes.
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Go to: www.poway.org/meeting and join using
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REMOTE SPEAKERS: If viewing online or calling in via telephone, it is highly recommended to log in to the waiting room at least 15 to 30 minutes prior to the commencement of the meeting. Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. If you wish to Steve Vaus
Mayor
John Mullin
Deputy Mayor
Dave Grosch
Councilmember
Caylin Frank
Councilmember
Barry Leonard
Councilmember
speak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in online and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be made available online after the meeting.
Technical Support I For more information on how to connect, visit www .poway.org/meetinghelp .
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway .org. Sign up at https://poway.org/list.asp x to receive email notifications when City Council agendas are published on line. Items listed on the agenda with a"#" symbol are in preparation.
American Disabil ities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting.
The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION:
Public Works Employee Bryce Greschke Recognition
Sue Herndon Recognition
PUBLIC COMMENT : In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or tak e action on any issue not included on the agenda. You may speak up to three (3) minutes .
Speakers have one opportunity to address the Council under Public Commen t. 2 of 4 Regular City Council Meeting October 4, 2022
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion.
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the July 19, 2022 Regular City Council Meeting Minutes
3. Adoption of Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic
4. Rejection of Received Proposal for the Congregate Meal Program and Catering Services Project; RFP23-002, and Direction to Staff to Re-Scope and Re-Advertise the Project ORDINANCES FOR INTRODUCTION: None
ORDINANCES FOR ADOPTION: None
PUBLIC HEARINGS: None
STAFF REPORTS:
5. Endowment Campaign Feasibility Study Findings
City Manager's Recommendation: There is no recommended action; this item is to note and file the Endowment Campaign Feasibility Study findings.
6. Approval of Joint-Use Agreement between the City of Poway and Poway Unified School District for the Poway Center for the Performing Arts
City Manager's Recommendation: It is recommended the City Council approve the Joint Use Agreement between the City of Poway and the Poway Unified School District for the Poway Center for the Performing Arts and authorize the City Manager to execute all necessary documents associated with the agreement.
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS: None
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION:
ADfOURNMENT
3 of 4 Regular City Council Meeting October 4, 2022
State of California
County of San Diego
)
) ss.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on September 27, 2022. Said meeting to be held at 7:00 p.m., October 4, 2022, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. l ~<L-~ Carrie Gallagher, CM(,CityC/erk
4 of 4 Regular City Council Meeting October 4, 2022
AGENDA RE PO RT City of Poway
CITY COUNCIL
DATE: October 4, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Carrie Gallagher, Cit Cl
(858) 668-4535 or ~c ~~-'-"'-'-'=-l='-"'--!....!.:~ ~
SUBJECT: Approval of the July 19, 2022 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• July 19, 2022 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 the City Council approve July 19, 2022 Regular City Council Meeting Minutes.
Public Notification:
None.
Atta ch ments:
A. July 19, 2022 Regular City Council Meeting Minutes
Reviewed/ Approved By:
'bb~ we"ndaserman
Assistant City Manager
1 of 7
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
~9~
Chris Hazeltine
City Manager
October 4, 2022, Item #2
NOTE: 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
July 19, 2022
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: Barry Leonard, Caylin Frank, Dave Grosch, John Mullin, Steve Vaus
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Development Services Director Bob Manis; Human Resources and Risk Management Director Jodene Dunphy; Director of Public Works Eric Heidemann; Fire Chief Jeff Chumbley; Captain Karla Menzies, 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 Mullin led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence and spoke in memory of Cleta Spear, owner of the Hamburger Factory and wife of the deceased Phil Spear.
PRESENTATIONS
None.
2 of 7
October 4, 2022, Item #2
City of Poway - Minutes - July 19, 2022
PUBLIC COMMENT
Terri Sorensen and Vickie Hoey, volunteers with Poway Neighborhood Emergency Corps spoke regarding having received the award of two separate grants and shared which programs will be supported with the money. Additionally, Ms. Hoey provided information on upcoming community emergency education meetings.
Yuri Bohlen spoke in support of Poway holding two 4th of July firework shows.
Janine Podesta, via teleconference spoke regarding LGBTQIA topics.
Lori Grennan spoke regarding Poway habitat preservation.
CONSENT CALENDAR
Motioned by Councilmember Frank, seconded by Councilmember Grosch to approve Consent Calendar Items 1 through 3. Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Leonard, Frank, Grosch, Mullin, 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 May 17, 2022 Regular City Council Meeting Minutes
3. Adoption of Resolution No. 22-050 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) Global Pandemic"
ORDINANCES FOR INTRODUCTION
None.
ORDINANCES FOR ADOPTION
None.
PUBLIC HEARINGS:
4. Environmental Assessment, Tentative Tract Map (TTM) 21-003, and Development Review (DR) 21-002, a Request for a 20-Lot Single-Family Residential Subdivision and The Construction of 20 Single-Family Dwelling Units at 13667 Twin Peaks Road Mayor Vaus opened the public hearing at 7: 14 p.m.
Senior Planner, Austin Silva presented the item along with a PowerPoint presentation. He provided the site location, size, zoning, an overview of the surrounding area, and included 3 of 7
October 4, 2022, Item #2
City of Poway - Minutes - July 19, 2022
historical and current uses of the land. Mr. Silva shared the applicant's proposed one and two story design plans, architectural style and building features. The findings of a sight distance traffic study were discussed including ingress and egress, sight distance limitations and the addition of a pedestrian access to include trees with decorative streetlights. Mr. Silva explained the project includes one affordable housing unit making it eligible for a 20% density increase pursuant to state density bonus law, which mandates the City to grant the requested waivers. He noted the developer has requested five waivers and provided details of each.
Concerns raised by residents at a previous Predevelopment Conference and neighborhood meeting were discussed including traffic safety, drainage issues, the effect on adjacent neighborhoods due to smaller lots with reduced setbacks and potential impacts to biological and cultural resources. It was noted the California Department of Fish and Wildlife finding that with the implementation of the mitigation measures, the impacts to biological and cultural resources will be reduced to a less than significant level.
City Attorney Alan Fenstermacher stated the project is submitted as a density bonus project under California State law and explained the developer is entitled to extra density based on a formula established by state statute. He noted the developer proposes 5% of the development to include one affordable housing unit, and in turn entitling the developer to a 20% bonus which here equals four extra lots. Mr. Fenstermacher stated that under California State law, the developers are entitled to incentives, concessions and unlimited waivers from development standards and the standard for granting those waivers is whether or not without the waiver the project would be physically precluded from going forward.
Applicant Jack Robson, VP, Land and Development of Cornerstone Communities introduced Cornerstone staff, Jaime Stark spoke on Architecture and John Howard spoke regarding Landscaping.
Public Comment:
The following citizens spoke in opposition to the development: Allan Preckel, Jim Bunner, Keith Kezer, Joe St. Lucas, Carolyn Zona and Donna Kent.
The following speakers spoke with a neutral stance on the development: Yuri Bohlen, Via Teleconference Fred Zuill and David Johnson.
End of Public Comment.
Mayor Vaus closed the public hearing at 8:00 p.m.
Council discussion ensued over concerns regarding drainage impacts on Holly Oak Way, Fire Department access and evacuation. Design criteria being consistent with Poway Municipal Code, traffic capacity on Midland Road, traffic analysis and speed study were also discussed.
Also discussed were waiver requests, as well as interior versus exterior access to casitas.
Council's understanding from the Predevelopment conference was casitas would only be accessed from the interior, however the developer stated access would also be from the exterior. There was additional discussion regarding entering and exiting construction traffic, hours of construction and its effect on school traffic and safety were noted. Council suggested the developer create an informational website to keep residents informed. Council also stated the proposed pathway through Holly Oak Way was problematic. Density Bonus Law and questions regarding the management of the affordable housing unit. 4 of 7
October 4, 2022, Item #2
City of Poway - Minutes - July 19, 2022
Motioned by Councilmember Frank, seconded by Councilmember Leonard to adopt Resolution No. 22-051 entitled, "A Resolution of the City Council of the City of Poway, California, Adopting A Mitigated Negative Declaration for Tentative Tract 21-003 and Development Review 21-002 Assessor Parcel Number 314-192-02" and adopt Resolution No. 22-052 entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Tract Map 21-003 And Development Review 21-002, Allowing for A 20-Lot Subdivision and The Construction Of 20 Single-Family Dwelling Units (Assessor Parcel Number 314-192-02)." Motion carried 3/2, Councilmember Grosch and Mayor Vaus voting NO.
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Leonard, Frank, Mullin
Grosch,Vaus
None
None
None
5. 2021 Weed and Nuisance Abatement Charges to be Collected on the County Tax Assessor's Roll for Fiscal Year 2022-2023
Mayor Vaus opened the public hearing at 9:02 p.m.
City Planner David De Vries presented the item. He explained the item pertains to private properties in which the City performed weed abatement and Council's action will place the costs of the weed abatement performed by the City's contractor on next year's tax roll for the effected properties. He explained the City sent out 214 notices to property owners and of those property owners, 18 elected to have the City contractor perform weed abatement on their properties. Those property owners can elect to pay the bill for the weed abatement or have the costs added to their properties tax bill. He noted of the 18 properties, 14 paid their invoices and four will have the abatement cost added to their property tax bill for next year.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the public hearing at 9:04 p.m.
In response to Council questioning, City Planner De Vries stated notifications received via the City App regarding concerns of overgrowth in Poway are forwarded to the City Code Compliance division for review and are acted on accordingly.
Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No. 22-053 entitled, "A Resolution of the City Council of the City of Poway, California, approving the 2021 Weed and Nuisance Abatement charges to be collected on the county tax assessor's roll for Fiscal Year 2022-2023." Motion passed unanimously
6. Resolution Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll for Fiscal Year 2022-23
Mayor Vaus opened the public hearing at 9:06 p.m.
5 of 7
October 4, 2022, Item #2
City of Poway - Minutes - July 19, 2022
Finance Manager Mehrnoush Jamshidi presented the item. She stated the City is required by the County Assessor to renew the City's fire protection special tax to be collected on this year's property tax roll. The special tax was approved by 84% of the voters in 1997 and it is to be used for fire protection including personnel and equipment.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the public hearing at 9:08 p.m.
In response to Council questioning, City Attorney Fenstermacher stated any change to the existing Fire Protection Special Tax would need to be approved by the voters and Finance Manager Jamshidi concurred that a yes vote by Council is not raising the tax just affirming it and moving it forward to be included on the property tax roll.
Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to adopt Resolution No. 22-054 entitled, "A Resolution of The City Council of The City of Poway, California, Renewing the Fire Protection Special Tax to Be Collected on The Property Tax Roll for Fiscal Year 2022-23." Motion passed unanimously
STAFF REPORTS:
7. Various Personnel Related Requests to Include Establishing a New Job Classification, Approving a CalPERS 180-day Waiting Period Exception to Hire a Retired Annuitant, and Adopting the Salary Schedule for the Poway Firefighters' Association Pursuant to the Current Six-Year Memorandum of Understanding
Director of Human Resources and Risk Management Jodene Dunphy presented the item. She stated the first request is for a new classification of Interpretive Services Coordinator in the Community Services Department. She noted staff is not asking for a new position or FTE only that a new classification be added to the City's position classification plan and non-safety salary table allowing for the Recreation Coordinator position to be reclassified to an Interpretive Services Coordinator at the same level and same pay grade. Ms. Dunphy stated the second request is to waive the 180-day waiting period established by CalPERS to re employ, as a retired annuitant, the retiring senior accounting technician following her planned retirement in August. This is to insure there is no gap in service while the City recruits for the position and allow an opportunity for the retiring senior accounting technician to provide training in this very specialized area. Lastly, Ms. Dunphy noted the Poway Firefighters Association (PFA) is in the second year of a six-year contract with the City, as required by CalPERS, the City Council must publicly approve the salary schedule that was effective July 1, 2022, reflecting the PFA's three and a half percent salary increase.
Public Comment:
None.
End of Public Comment.
6 of 7
October 4, 2022, Item #2
City of Poway - Minutes - July 19, 2022
Motioned by Mayor Vaus, seconded by Councilmember Frank to 1) adopt Resolution No. 22-057 entitled, "A Resolution of The City Council of The City of Poway, California, Approving The City of Poway Position Classification Plan and The Non-Safety Salary Schedule, and 2) adopt Resolution No. 22-056 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 21224; and 3) adopt Resolution No. 22- 055 entitled, "A Resolution of The City Council of The City of Poway, California, Approving The Salary Schedule for The Poway Firefighters' Association". Motion passed unanimously.
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Councilmember Leonard announced the August 6 Kiwanis Pancake Breakfast held in benefit of Feeding San Diego, the San Diego Food Bank and Poway's local food bank, The Community Food Connection located behind Trinity Church on Twin Peaks.
Councilmember Frank invited the community to participate to National Night Out on August 2 to be held in the Poway Sheriff Station parking lot.
Mayor Vaus paid tribute to the Spear family and expressed his condolences on the passing of Cleta Spear.
CITY MANAGER ITEMS
None.
CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None.
ADJOURNMENT
The meeting was adjourned at 9: 19 p.m.
7 of 7
Carrie Gallagher, CMC
City Clerk
City of Poway, California
October 4, 2022, Item #2
October 4, 2022, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
October 4, 2022
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief r:.
Jeff Chumbley, Fire Chief
(858) 668-4461 or jchumble)'I • poway.org
CITY COUNCIL
Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic The Novel Coronavirus (COVI D-19) global pandemic continues to impact economic and social segments of the United States. Federal, state, and county directives, mandates and orders to manage COVI b-19 have, and continue to, impact Poway residents, businesses and visitors. On March 18, 2020, the City Council approved a resolution proclaiming a local emergency. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each· regular meeting.
Recommended Action:
It is recommended the City Council approve a resolution continuing the Proclamation of Local Emergency. This action requires a four-fifths (4/5) vote of the City Council.
Discussion:
The COVID-19 global pandemic continues to impact business, education, healthcare, military, and social segments of the United States. Federal, state, and county directives, mandates, orders and guidelines have been issued to manage COVID-19. Efforts continue to focus on re-opening the economy and relaxing restrictions. In response to the COVI D-19 global pandemic, and its impact on Poway, the City Manager, serving as Director of Emergency Services for the City of Poway, proclaimed a local emergency on March 13, 2020. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the City Manager's Proclamation of Local Emergency. The City Council approved to continue the emergency action in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, and December 15. In 2021, the City Council approved to continue the emergency action on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16, and December
7. In 2022, the City Council approved to continue the emergency action on January 18, February 1, 1 of 5
October 4, 2022, Item #3
February
15,
March
1,
March
15,
April
5,
April
19,
May
3,
May
17,
June
7,
June
21,
July
19,
August
2,
August
16 and
September
20. The
adopted
resolution
requires
the
City
Council
to
either
continue
the
emergency
action
or
declare
the
emergency
ended
at
each
regular
meeting.
Continuing
the
local
emergency,
in
addition
to
being
consistent
with
the
County
of
San
Diego,
also
allows
the
City
to
continue
to
be
eligible
for
federal,
state,
and
county
funding
opportunities
related
to
COVID-19
and
tied
to
having
a
declaration
of
a
local
emergency
in
place.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
As
of
September
20,
2022,
City
costs
to
respond
to
COVID-19
are
estimated
at
$1,120,760.
These
costs
specifically
relate
to
FEMA
eligible
expenditures.
The
total
fiscal
impact
is
unknown
at
this
time.
Per
the
City
Council
adopted
General
Fund
Reserve
policy,
the
City
maintains
a
General
Fund
Reserve
of
45 percent
of
the
budgeted
annual
General
Fund
operating
expenditures,
or
$20,393,896
as
of
June
30,
2021.
Within
that
45 percent,
$13,179,618
is
set
aside
for
Extreme
Events/Public
Safety
. Staff
believes
some
of
the
prior
expenditures
are
recoverable
under
State
and
Federal
Disaster
programs.
Amounts
recovered
under
these
programs
will
be
used
to
replenish
the
General
Fund
reserve.
Pursuant
to
the
reserve
policy,
staff
will
return
with
a
plan
to
replenish
any
General
Fund
reserves
not
replenished under
a State
. or
Federal
Disaster
program
. Staff
will
recommend
applicable
budget
adjustments
prior
to
the
completion
of
the
current
fiscal
year.
In
addition
to
using
reserves
to
respond
to
COVID-19,
as
mentioned
above,
on
April
20,
2020,
the
City
Council
approved
$2,000,000
to
fund
the
PEARL
program
for
small
businesses.
The
PEARL
program's
goal
was
to
offer
financial
assistance
to
small
businesses
located
in
Poway
by
serving
as
a
financial
bridge
to
businesses
while they
were
awaiting state
and
federal
funding
provided
in
response
to
the
pandemic.
Based
on
staff's
review,
35 loans
totaling
$1,328,118
were
approved
and
four
loans
totaling
$148,000
have
been
repaid
. The
reserve
fund
will
be
replenished
from
the
repayment
of
PEARL
loans
over
a three-year
period
following
the
end
of
the
local
COVID-19
emergency.
This
period
falls
within
the
General
Fund
Reserve
Policy's
direction
to
fully
replenish
reserves
within
five
years
of
use.
Public
Notification:
None. Attachments: A.
Resolution
B.
Proclamation
of
Local
Emergency
Reviewed/Approved
By:
w~1t~ Assistant
City
Manager
2 of
5 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
~ Chris
Hazeltine
City
Manager
October 4, 2022, Item #3
RESOLUTION NO. 22-
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) GLOBAL
PANDEMIC
WHEREAS, the Novel Coronavirus (COVID-19) global pandemic in the City of Poway, commencing on or about January 24, 2020 that creates a threat to public health and safety; WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section
2.12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by a public calamity, and the City Council is not in session;
WHEREAS, on March 13, 2020, the City Manager, acting pursuant to Government Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based on conditions of extreme peril to the health and safety of persons caused by the Novel Coronavirus (COVID-19) global pandemic;
WHEREAS, on March 18, 2020, the City Council, acting pursuant to Government Code section 8630 and PMC section 2.12.065, ratified the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, approved extending the emergency declaration during regularly scheduled meetings in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, December 15, and in 2021 on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16, December 7, and in 2022 on January 18, February 1, February 15, March 1, March 15, April 5, April 19, May 3, May 17, June 7, June 21, July 19, August 2,·August 16 and September 20; WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050;
WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and
WHEREAS, such the Novel Coronavirus (COVID-19) global pandemic constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or property. 3 ofS ATTACHMENT A
October 4, 2022, Item #3
Resolution No. 22-
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares:
SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVID-19) global pandemic; and
(a) The continuing threat of the Novel Coronavirus (COVID-19) global pandemic requires that the City be able to expend public money in order to safeguard life, health, or property;
(b) The City Manager, as the City's Personnel Officer, is authorized to take actions necessary to alter employee leave policies and ensure a safe and healthy workforce;
(c) The City Manager is authorized to safeguard life, health, or property without complying with notice or bidding procedures; and (d) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regular meeting, at which time the City Council shall either continue the emergency action or declare the emergency ended.
SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of October, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4 of 5
October 4, 2022, Item #3
PROCLAMATION
OF LOCAL
EMERGENCY
WHEREAS,
section
2.12.060
of
the
Poway
Municipal
Code
empowers
the
Director
of
Emergency
Services
to
proclaim
the
existence
or
threatened
existence
of
a
local
emergency
when
the
City
is
affected
or
likely
to
be
affected
by
a
public
calamity
and
the
City
Council
is
not
in
session;
WHEREAS,
the
City
Manager,
as
Director
of
Emergency
Services
of
the
City
of
Poway,
does
hereby
find
that
conditions
of
extreme
peril
to
the
safety
of
persons
and
property
have
arisen
within
the
City
of
Poway,
caused
by
the
Novel
Coronavirus
(COVID-19)
commencing
on
January
24,
2020;
WHEREAS,
that
the
City
Council
of
the
City
of
Poway
is
not
in
session
and
cannot
immediately
be
called
into
session;
and
WHEREAS,
this
Proclamation
of
Local
Emergency
will
be
ratified
by
the
City
Council
within
seven
days
of
being
issued.
NOW,
THEREFORE,
IT
IS
HEREBY
PROCLAIMED
by
the
Director
of
Emergency
Services
for
the
City
of
Poway,
that
a
local
emergency
now
exists
throughout
the
City
and
that
said
local
emergency
shall
be
deemed
to
continue
to
exist
until
its
termination
is
proclaimed
by
the
City
Council; IT
IS
FURTHER
PROCLAIMED
AND
ORDERED
that
during
the
existence
of
said
local
emergency
the
powers,
functions,
and
duties
of
the
emergency
organization
of
this
City
shall
be
those
prescribed
by
state
law,
ordinances,
and
resolutions
of
this
City,
and
by
the
City
of
Poway
Emergency
Plan;
and
IT
IS
FURTHER
PROCLAIMED
AND
ORDERED
that
a
copy
of
this
Proclamation
of
Local
Emergency
be
forwarded
to
the
State
Director
of
the
Governor's
Office
of
Emergency
Services
with
a
request
that;
1. The
State
Director
find
the
Proclamation
of
Local
Emergency
acceptable
in
accordance
with
provisions
of
the
Natural
Disaster
Assistance
Act;
and
2. The
State
Director
forward
this
Proclamation,
and
request
for
a
State
Proclamation
and
Presidential
Declaration
of
Emergency,
to
the
Governor
of
California
for
consideration
and
action.
PASSED
AND
ADOPTED
by
the
Director
of
Emergency
Services
for
the
City
of
Poway
this
13th
day
of
March
2020
.
3[
l '3,t
?oZo
S L-V
r>ate
and
Time
-r-
Director
of
Emergency
Services
5 ofS
ATTACHMENT
B
October 4, 2022, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
October 4, 2022
Honorable Mayor and Members of the City Council
Audrey Denham, Director of Community Services J1\-{)
Karen Tansey, Management Analyst ~
(858) 668-4584 or [email protected]
CITY COUNCIL
Rejection of Received Proposal for the Congregate Meal Program and Catering Services Project; RFP23-002, and Direction to Staff to Re-Scope and Re-Advertise the Project
A Request for Proposals was distributed and posted on July 14, 2022, for the Congregate Meal Program and Catering Services project. The congregate meal program provides older adults the opportunity to gather and enjoy a reasonably-priced lunch Monday through Friday at the Mickey Cafagna Community Center. One proposal was received and opened on August 18, 2022. The single proposal was deemed incomplete. Per Municipal Code Section 3.28.070 (E), at its sole discretion, the City Council may reject all proposals presented and re-advertise for proposals in accordance with California Public Contract Code Section 20166.
Recommended Action:
It is recommended the City Council reject the received proposal and authorize staff to proceed with the re-scoping and re-advertisement of the project.
Discussion:
The City issued a Request for Proposals (RFP) on July 14, 2022, inviting proposers to present innovative ideas for administering all aspects of a robust and active Congregate Meal Program at the Mickey Cafagna Community Center (MCCC). The scope of services included onsite cooking in the facility's kitchen Monday through Friday, as well as the opportunity to enter into a contract for the exclusive right of providing catering services to rental clients. The opportunity to enter into a contract for exclusive catering services was intended as an incentive to encourage more proposals.
On August 18, 2022, the City received a single proposal from O'side Kitchen Collaborative (OKC). OKC is the current provider of the Congregate Meal Program. The proposal was found to be incomplete because it did not include specific details about the scope of services. Staff evaluated the option of entering into an open market negotiation with OKC in accordance with California Public Contract Code Section 20167. OKC has performed well during the ten months of meal service. OKC prepares delicious 1 of 2
October 4, 2022, Item #4
food
, they
are
familiar
with
the
City
of
Poway,
have
built
relationships
with
the
older
adult
participants,
and
stated
in
their
proposal
they
could
meet
the
City's
goal
of
onsite
cooking
of
the
meals
by
November
1,
2022.
However,
when
contacted,
OKC
stated
they
were
unable
to
perform
the
contract
as
outlined
in
their
proposal.
They
were
interested
in
contracting
with
the
City
for
a
substantial
monthly
fee
which,
in
staff's
opinion,
far
exceeded
reasonable
expectations.
Staff
is
proposing
to
re-scope
the
RFP
and
re-advertise
. The
primary
focus
will
be
the
Congregate
Meal
Program.
Catering
and
other
services
will
be
optional
for
proposers
.
Staff
will
aggressively
advertise
the
RFP
through
social
media
resources.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
None. Public
Notification:
None
.
Attachments: None. Reviewed/Approved
By:
Assistant
City
Manager
2 of
2 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By
:
¥1~ Chris
Hazeltine
City
Manager
October 4, 2022, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
October 4, 2022
Honorable Mayor and Members of the City Council
Audrey Denham, Director of Community Services~
Audrey Denham, Director of Community Services
(858) 668-4584 or [email protected]
Endowment Campaign Feasibility Study Findings
CITY COUNCIL
Based on direction from the City Council and with generous financial support from the McCarthy Family Foundation in May 2021 the City contracted with Netzel Grigsby Associates (NGA) to conduct an Endowment Campaign Feasibility Study for the Poway Center for the Performing Arts (PCPA). The study was designed to test the possibility of fundraising for an endowment fund to support the PCPA.
With the study complete, the results are now being presented to the City Council.
Recommended Action:
There is no recommended action; this item is to note and file the Endowment Campaign Feasibility Study findings (Attachments A and B).
Discussion:
The City Council recognizes the PCPA as a valuable asset and continues to be committed to operating the facility for residents and user groups to celebrate the arts in Poway. At a workshop in April 2021, City Council provided direction on a multi-faceted strategy to reduce the PCPA General Fund subsidy, while still supporting the arts and ensuring user groups are not priced out of using the facility. One component of that strategy was to enter into an agreement with a professional fundraiser to complete a feasibility study to evaluate the fundraising landscape to ensure fundraising goals for a new endowment and/or capital campaign are realistic and there is sufficient commitment from all stakeholders involved.
The McCarthy Family Foundation, which has supported the PCPA since it was constructed, graciously offered to provide the City with a $1 million grant to assist with completing the feasibility study, as well as provide the seed money to establish a new endowment specifically to support the PCPA.
Initially, the City would receive $30,000 to be used for the feasibility study. Following completion of the study and with a recommendation to pursue an endowment campaign the City would receive the remaining $970,000.
1 of 36
October 4, 2022, Item #5
The Endowment Campaign Feasibility Study Executive Summary (Attachment A) and Detailed Report (Attachment B) review the study objectives, process, findings, conclusions. and recommendations. At this time, NGA recommends the City not proceed with an endowment campaign. The Attachments provide the reasoning behind NGA's recommendation, as well as steps to be taken should the City pursue an endowment campaign in the future. Since the recommendation is to not pursue an endowment campaign, the City will not receive endowment seed money from the McCarthy Family Foundation. Overall findings show the PCPA is viewed as an asset to the community. There are some suggestions for improving operations. as well as generating more revenue. City staff is actively working on projects that address many of the comments. Current projects include updating the Joint Use Agreement with the Poway Unified School District, which is also on the October 4 City Council agenda for adoption, completing an Operational Analysis and Fee Study, and issuing a request for proposals for a professional mainstage presenter to provide a professional performance series. The City remains dedicated to reducing the PCPA General Fund subsidy without pricing out user groups.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA) Guidelines.
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. Endowment Campaign Feasibility Study Executive Summary B. Endowment Campaign Feasibility Study Detailed Report Reviewed/Approved By:
Assistant City Manager
2 of 36
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
~~
Chris Hazeltine
City Manager
October 4, 2022, Item #5
City of Poway -Poway Center for the Performing Arts
ENDOWMENT CAMPAIGN FEASIBILITY STUDY EXECUTIVE SUMMARY
Netzel Grigsby Associates, under contract with the City of Poway, conducted an endowment campaign feasibility study from December 2021 through June 2022. The study was designed to test the City of Poway's potential to raise $9.5 million for an endowment fund to support the Poway Center for the Performing Arts (PCPA).
Study Objectives
1. Assess the City of Poway's organizational capacity to conduct an endowment campaign by examining the PCPA's image and the City's management effectiveness.
2. Test the proposed campaign fundraising goal by determining the strength of the case for philanthropic funds and identifying potential for major gifts and campaign leadership.
3. Recommend a plan to enhance overall fundraising and organizational potential.
Study Process
• NGA worked with City staff and the City Council's PCPA Sub-Committee to establish a test goal and develop a case for support that articulates the rationale for the campaign to elicit feedback from interviewees.
• A Study Advisory Task Force, comprising 11 volunteers, reviewed and approved the case for support, identified a list of prospective interviewees believed to be able to assist a campaign effort through a substantial financial or leadership commitment, and received the final report. • With a goal of conducting up to 35 interviews, NGA conducted 30 interviews with 31 individuals. The interviewees are affiliated with the PCPA or the City of Poway as follows (some may be counted more than once):
• 9 Study Advisory Task Force members
• 2 City of Poway councilmembers
8 representatives of corporations or foundations
• 8 representatives of PCPA user groups
• 3 representatives of community or civic service groups • The Study Advisory Task Force made a concerted effort to reach residents of the PCPA's broader service region. Twenty-five (25) interviewees are current Poway residents, and five live in neighboring communities.
ENDOWMENT CAMPAIGN FEASIBILITY STUDY EXECUTIVE SUMMARY PAGE 1 3 of 36 ATTACHMENT A
October 4, 2022, Item #5
Findings & Conclusions
ORGANIZATIONAL CAPACITY
• The Poway Center for the Performing Arts is a valued community asset that provides broad access to arts and culture and enhances the quality of life in Poway. t The majority of interviewees (70%) believe the PCPA plays an important role in supporting and promoting public access to the arts.
Two-thirds of interviewees (67%) attend events at the PCPA once or several times annually. t The venue's strengths include its accessible location, architectural design, program variety, and helpful staff.
• The PCPA is considered underutilized. The City of Poway could take operational measures to realize the PCPA's untapped potential.
t The City is the appropriate entity to own and oversee operations of the PCPA, yet its effectiveness in that role received mixed reviews from interviewees. Underuse as a year round venue, limited marketing and promotion, and deferred maintenance lead some to conclude that the City does not prioritize the PCPA as an asset.
Interviewees offered a variety of options that could enhance the PCPA's impact. They include operating the venue more like a business with a focus on revenue generation and professional management:
• Improve efficiencies to reduce operational costs.
• Realign the subsidized fee structure and raise ticket prices. • Diversify programming.
• Hire professional management staff with experience in the performing arts or outsource operations.
t The public perception that the PCPA and Poway OnStage are a single entity is a common and widespread source of confusion. A marketing effort to establish an identity for the PCPA that is independent of its user groups and raise its visibility is suggested.
FUNDRAISING GOAL
• The prospect of an endowment to support PCPA operations and subsidies has merit, but the City's ability to raise and manage the endowment funds through a fund raising campaign is questioned.
t The public is not broadly aware of how the PCPA is funded or the size of the City's subsidies and annual deficit. Greater financial transparency would strengthen any case for fundraising. t Three-quarters (7 4%) of interviewees believe the City should subsidize user groups to keep fees affordable and community access to the arts available, but not at the current levels.
Interviewees support the parallel effort to restructure current subsidy agreements.
The majority of interviewees (83%) support the concept of an endowment to generate income that would help offset annual operational costs.
ENDOWMENT CAMPAIGN FEASIBILITY STUDY EXECUTIVE SUMMARY
4 of36
PAGE2
October 4, 2022, Item #5
t The proposed campaign makes the case for funding the status quo, which is not a compelling motivation for donors. The case explained the City's rationale for the campaign, but failed to present an aspirational vision or express outcomes that will create new benefits and added value as a result of philanthropic funds.
• The City's experience in philanthropic fundraising and management is untested and confidence in its capacity to spearhead a community campaign and manage the funds once raised, is low.
• To instill confidence in donors, interviewees offered suggestions that they think the City should consider in its aim to establish a more sustainable operating model for the PCPA. • Evaluate management operations
• Increase marketing and promotion of the PCPA
• Improve case for fund raising support
• Build corporate partnerships
• Consider a comprehensive fund raising approach
• The tested fundraising goal is not realistic at this time. Relationships with constituents will need to be established and philanthropic potential for major gifts will need to be cultivated. • The majority of respondents indicated a willingness to support the proposed campaign.
Fifteen interviewees offered potential gifts in the low five-figure range or below.
Corporations, especially those in the Poway Business Park, were suggested as potential major gift funding sources; only a few were successfully reached for an interview. • A fundraising organizational structure will need to be created with broad community stakeholder representation. Direct City involvement in fundraising should be minimized.
A structure independent of, but connected to, the City is favored. PCPA user groups, Poway residents, foundations, corporations, and civic groups should be represented and involved. • City Council's endorsement would be important.
• Interviewees as potential campaign leaders did not perceive the proposed campaign to be a priority. A higher level of volunteer leadership is needed to lead and conduct a campaign.
Recommendations
Based on NGA's findings, the City of Poway is not in a position to currently launch a successful endowment campaign. To maximize the benefit of this study, NGA offers the following recommendations.
1. Do not proceed with the proposed endowment campaign at this time. Before pursuing community support, the City needs to instill confidence among the private sector regarding its fiscal responsibility for public funds currently allocated to the PCPA and its dedication to maximizing private philanthropic investment and impact.
2. Complete the concurrent fee studies and operational assessments. Make available the findings, options for restructuring PCPA operations and costs, and the City's action plan to the public, providing full transparency with regard to operational costs and subsidies.
ENDOWMENT CAMPAIGN FEASIBILITY STUDY EXECUTIVE SUMMARY
5 of36
PAGE 3
October 4, 2022, Item #5
3. Implement a strategic planning initiative for the PCPA that includes a business model, corporate development plan, marketing and communications, and fundraising initiatives. • Form a Strategic Pl,anning Task Force comprising select city staff, council, and PCPA stakeholders to clarify the goals and desired outcomes of the PCPA that will guide operational and future fundraising initiatives.
• Build consensus and generate an aspirational vision for the PCPA's future, establishing an identity for the PCPA as an independent entity, distinct from the City and its user groups. • Establish key goals and a guiding focus for PCPA operations and programming that includes strategies for cultivating key partners, establishing effective communications, maximizing the use of program space, expanding activities and programming, identifying resources, assessing cost structures, and diversifying revenue streams. Key considerations should include:
Investing in professional management resources to ensure the effective and efficient use of programming space, operational practices, community engagement, and finances. • Implementing a corporate development plan to actively engage the business community in promoting the PCPA and cultivate key partnerships with, and access to, local businesses and corporations to pursue fund raising activities and sponsorships in support of the PCPA.
Investing in a broad-based marketing and promotion campaign to raise the profile of the PCPA and its value. As part of this effort, strengthen the City Council's role as ambassadors for the PCPA and regional arts programming, and thoughtfully cultivate relationships with community members and PCPA attendees to clearly promote the value of the PCPA and the City's support of the arts.
• Develop an action plan and timeline to operationalize the strategic goals.
4. Use the strategic plan to guide operational and funding priorities, establish a fundraising infrastructure, and clarify the benefits of philanthropic support. • Identify a dedicated fundraising arm and fund manager for the PCPA. Explore opportunities to form, or partner with, a separate 501(c)(3) nonprofit organization to manage and oversee the fund raising activities of the PCPA. Establishing a nonprofit partner will be critical to current and potential supporters considering philanthropic support. • Reconsider the case for support within a framework that articulates clear and compelling outcomes and an aspirational future for the PCPA that goes.beyond the status quo. Position the PCPA and its future impact worthy of philanthropic support and build confidence that the PCPA, and its programming, will be enhanced as a result of community support.
5. Follow up with volunteers and interviewees to share the outcome of the study. • Meet personally with select interviewees as well as community and business leaders, providing them with an executive summary of the study's findings and recommendations to continue cultivation and engagement efforts.
• Send letters of appreciation to all interviewees thanking them for their participation in the study and articulating the City's plans and the Council's decision. • Include the findings and action plan developed from the fee study and operational assessments.
ENDOWMENT CAMPAIGN FEASIBILITY STUDY EXECUTIVE SUMMARY
6 of36
PAGE 4
October 4, 2022, Item #5
List of Interviewees
Brad Senter Senior Vice President, UBS Wealth Management Joseph Britton Senior Public Affairs Manager, SDG&E
Dave Brooks Board Member, Rancho Bernardo Community Foundation Craig Brown Community Member
Ginger Couvrette Member, Board of Education, Poway Unified School District Cynthia Elizondo Realtor, Halcyon Real Estate Services
William Engelbrecht Executive, Sempra Energy (Retired)
Ellen Gelwix President-Owner, It's My Party Event Planning (Retired) Dave Grosch Councilmember, City of Poway
Ellen Halamuda Community Member
Rachel McCarthy Henneforth President, The McCarthy Family Foundation Sue Herndon Community Activist (Retired)
Adrienne Wells Holmes Executive Director, Toby Wells Foundation/Partner, Wells Entities James Hyldahl Sr. Vice President of Investments, UBS (Retired) Mary Karscig Former Board President, PCPA Foundation (now Poway OnStage) Todd Kawai Chief Financial Officer, General Atomics Aeronautical Systems Suzanne Kropf Realtor, Berkshire and Hathaway
Dan Krall Financial Professional (Retired)
Barry Leonard Council member, City of Poway
Martha Lyles Director of Development, St. Gabriel Church Leah McBride Senior Loan Officer, Finance of America
Jane D. McCarthy Board Member, McCarthy Family Foundation Kevin McNamara Managing Partner, The Farm in Poway
Ann Murray Executive Director, Fallbrook Music Society
Deborah Schlager Sales, Anthem Electronics (Retired)
Phil Schneider Biotechnology Executive (Retired)
Steve South President and CEO, EDCO Disposal
Steven Stone Broker Associate & Relocation Specialist, Berkshire and Hathaway Neil Tarzy, MD Physician, Family Practice
Joe Terzi President and CEO, San Diego Tourism Authority James Seifert San Diego Gas and Electric/ Consultant (Semi-Retired)
ENDOWMENT CAMPAIGN FEASIBILITY STUDY EXECUTIVE SUMMARY
7 of36
PAGE 5
October 4, 2022, Item #5
Study Advisory Task Force
Cynthia Elizondo, Chair Realtor, Halcyon Real Estate Services Abby Borretto Community Relationship Advocate
Craig Brown Community Member
Ginger Couvrette Member, Board of Education, Poway Unified School District Dave Grosch Councilmember, City of Poway
Sue Herndon Community Activist (Retired)
Dan Krall Financial Professional (Retired)
Barry Leonard Council member, City of Poway
Rachel McCarthy Henneforth President, The McCarthy Family Foundation Jim Reid VP, Board of Directors, Poway Symphony Orchestra Foundation Kevin McNamara Managing Partner, The Farm in Poway
Audrey Denham Community Services Director, City of Poway Chris Hazeltine City Manager, City of Poway
Wendy Kaserman Assistant City Manager, City of Poway
Belinda Romero Recreation Area Manager, PCPA, City of Poway
ENDOWMENT CAMPAIGN FEASIBILITY STUDY EXECUTIVE SUMMARY
8 of36
PAGE6
October 4, 2022, Item #5
City of Poway
Poway Center for the Performing Arts
Endowment Campaign Feasibility Study
September 1, 2022
NETZEL GRIGSBY
ASSOCIATES
Your Vision is Our Mission
Fundraising • Planning • Staffing • Training
9 of36 ATTACHMENT B
October 4, 2022, Item #5
Corporate Office
Mailing Address
P.O. Box 5122
Culver City, CA 90231
310.836.7624
Offices:
Los Angeles
5601 W. Slauson Ave.
Suite 270
Culver City, CA 90230
310.836.7624
Orange County
333 City Boulevard W.
Suite 1700
Orange. CA 92868
714.937.1177
San Diego
402 West Broadway
Suite 400
San Diego. CA 92101
619.595.0020
San Jose
2033 Gateway Place
Suite 500
San Jose. CA 95110
408.451.9906
Santa Barbara
1421 State Street
Suite F
Santa Barbara. CA 93101
805.682.8779
Hawai'i
69-555 Waikoloa Beach
Suite 1204
Waikoloa. HI 96738
808.238.0119
10 of36
NETZEL GRIGSBY ASSOCIATES
Your Vision is Our Mission
September 1. 2022
Wendy Kaserman, Assistant City Manager
Audrey Denham, Director of Community Services
Belinda Romero, Recreation Area Manager
City of Poway
13325 Civic Center Drive
Poway, California 92064
Dear Wendy, Audrey, and Belinda,
We are pleased to submit this full report of the endowment campaign feasibility study contracted between Netzel Grigsby Associates (NGA) and the City of Poway.
The study's objective was to evaluate the City's fund raising potential to launch an endowment campaign to support the Poway Center for the Performing Arts (PCPA).
Feasibility studies uncover the attitudes and opinions held by people whose support can be vital to the success of the planned fundraising campaign. The people selected for personal interviews provided our team with input that was sincere, thoughtful, and constructive. We trust that the City of Poway council members and staff will appreciate the candor of our observations and conclusions, and the potential our recommendations will help the City realize as it pursues a more sustainable operating model for the PCPA.
On behalf of NGA. we express our gratitude to you and the individuals whose opinions and suggestions form the basis of this report. Through their cooperation, this report has been assembled and is now presented to you for your consideration.
Sincerely,
Cody J. Grigsby
Senior Vice President
cc: W. Jay Grigsby
Jeanne E. Schmelzer, CFRE
Yvette Herrera, CFRE
October 4, 2022, Item #5
OF NOTE
This report is an internal planning document. Fundamental to its value is its candor, this report is meant to inform City leadership of opportunities and challenges that may impact fund raising. We intend any statements, favorable or critical, to be guides in strengthening the capacity and fundraising appeal of the City of Poway and the Poway Center for the Performing Arts.
Moreover, this report identifies steps to present a compelling case for fundraising support: it is not itself a presentation of the case and should not be used as a marketing or promotional document designed for a general audience.
ENDOWMENT CAMPAIGN FEASIBILITY STUDY
11 of 36
PAGEi
October 4, 2022, Item #5
City
of
Poway
-
Poway
Center
for
the
Performing
Arts
ENDOWMENT
CAMPAIGN
FEASIBILITY
STUD
Y
Table
of
Contents
Section
Page
Acknowledgments
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iii
1. Introduction..
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1.1 Study
Objectives
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1.1 Study
Process
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1.1 2.
Findings
&
Conclusions
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2.1 Organizational
Capacity
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2.1 Fund
raising
Goal..
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2.3 3.
Recommendations
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3.1 4.
Appendix.................
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4.1 List
of
Interviewees
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4.2 Study
Advisory
Task
Force
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4.4 Case
for
Support
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4.5 Gift
Chart
to
Achieve
$9,500,000
Campaign
Goal
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4.9 ENDOWMENT
CAMPAIGN
FE
ASIBILITY
STUDY
PAGE
ii
12 of
36 October 4, 2022, Item #5
City of Poway -Poway Center for the Performing Arts
ENDOWMENT CAMPAIGN FEASIBILITY STUDY
Acknowledgements
We wish to express our sincere appreciation to the members of the Study Advisory Task Force for their support of the endowment campaign feasibility study:
Cynthia Elizondo, Chair
Abby Borretto
Craig Brown
Ginger Couvrette
Dave Grosch
Sue Herndon
Dan Krall
Barry Leonard
Rachel McCarthy Henneforth
Jim Reid
Kevin McNamara
City of Poway Staff
Audrey Denham
Chris Hazeltine
Wendy Kaserman
Belinda Romero
Special thanks to Audrey Denham, Director of Community Services for the City of Poway, for her facilitation of the study process and for scheduling interviews with Task Force members.
Finally, we thank the interviewees who participated in the study for giving their time and opinions. They graciously made themselves available to us and discussed the proposed project in a helpful and positive manner. The study would not have been possible without their valuable input.
NGA has been privileged to serve the City of Poway. We are confident that these findings and recommendations will serve as valuable tools in advancing plans for sustainable operations of the Poway Center for the Performing Arts.
ENDOWMENT CAMPAIGN FEASIBILITY STUDY
13 of 36
PAGE iii
October 4, 2022, Item #5
City of Poway-Poway Center for the Performing Arts
ENDOWMENT CAMPAIGN FEASIBILITY STUDY
Section 1: Introduction
Netzel Grigsby Associates (NGA), under contract with the City of Poway, conducted an endowment campaign feasibility study from December 2021 through June 2022. The study was designed to test the City of Poway's potential to raise $9.5 million for an endowment fund to support the Poway Center for the Performing Arts (PCPA).
Study Objectives
The feasibility study had three primary objectives:
1. Assess the City of Poway's organizational capacity to conduct a $9.5 million endowment campaign to support the PCPA by examining:
• The image of the PCPA among stakeholders and potential campaign contributors. • Perceptions of PCPA's effectiveness, including the City's management and oversight, and value as a community asset and community-based performing arts venue. • Operational capacity, including strengths and weaknesses.
2. Evaluate the City's case for support and fund raising goal for the proposed campaign by considering:
• The strength of the case for philanthropic funds in support of an endowment. • Potential major contributors to the campaign.
• Potential for other revenue sources, including foundations. • The level and quality of potential volunteer leadership for a campaign. • Pressing community issues and other factors that could impact campaign fundraising.
3. Recommend a plan to enhance overall fundraising and organizational potential.
Study Process
1. NGA worked directly with City of Poway staff Audrey Denham, Community Services Director; Wendy Kaserman, Assistant City Manager; and Belinda Romero, Recreation Area Manager, PCPA, and the City Council's PCPA Subcommittee, Councilmember Dave Grosch and Councilmember Barry Leonard to:
• Establish a test goal. An endowment with a $9.5 million corpus would generate yearly revenue to offset 50% of the City's annual deficit of the PCPA in current dollars. • Develop the proposed case for support, which articulated the need for the campaign and its anticipated outcomes. City staff, councilmembers, select community members and PCPA stakeholders were included in the development of the case for support. The case was reviewed and approved by city staff and City Council's PCPA Subcommittee prior to sharing with volunteers and interviewees.
ENDOWMENT CAMPAIGN FEASIBILITY STUDY
14 of 36
PAGE 2.1
October 4, 2022, Item #5
• Recruit a Study Advisory Task Force to guide the process. Eleven volunteers were recruited to review and approve the case for support, identify and facilitate access to priority interviewees, and receive the final study report.
• Create a community survey. The survey tool was developed by NGA However, City staff opted not to move forward after the City Council determined that the PCPA is a valuable asset that the City is committed to operating.
2. To ensure a valid sampling, NGA specified that interviews be conducted with a cross-section of individuals with a vested interest in the PCPA and the arts. The objective was to reach people believed to be influential, held in high regard, and able to assist a campaign effort through a financial or leadership commitment, or both.
• Using the criteria of perceived major gift capacity, interest, and accessibility, the Study Advisory Task Force identified 56 initial interview candidates.
Five candidates declined to be interviewed and five were unavailable during the interview schedule or agreed to be interviewed but were unresponsive to scheduling. Task Force members who were assigned to connect with prospective interview candidates were unable to establish contact with 12 identified candidates.
t Based on the study process, the NGA team found that the City does not have established relationships with constituents who fit the interviewee profile, and limited capacity to and interest in developing these relationships.
• With a goal of conducting up to 35 interviews, NGA conducted 30 interviews with 31 individuals. The interviewees are affiliated with the PCPA or the City of Poway as follows (some may be counted more than once):
9 Study Advisory Task Force members
t 2 City of Poway council members
8 representatives of corporations or foundations: EDCO, General Atomics, The Farm in Poway, McCarthy Family Foundation, Sempra, and Toby Wells Foundation • 8 representatives of PCPA user groups: Poway OnStage, Poway Unified School District, and Poway Symphony Orchestra
3 representatives of community or civic service groups~ Rotary and Kiwanis *Several interviewees suggested interviewing the mayor. However, the City Council established a PCPA subcommittee, and the thoughts and opinions of the mayor and City Council are articulated through the subcommittee. The subcommittee, made up of Councilmembers Dave Grosch and Barry Leonard, were active members of the Task Force and were interviewed during the study.
• An effort was made to interview residents of PCPA's broader service region, beyond Poway. • 25 interviewees are current Poway residents
5 are former Poway residents who now live in neighboring communities of Encinitas, Rancho Bernardo, and Lakeside
t 1 works in Poway and resides in a different county
ENDOWMENT CAMPAIGN FEASIBILITY STUDY
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PAGE 2.2
October 4, 2022, Item #5
3. Interviews
were
conducted
over
six
weeks
in
May
and
June
2022.
They
ranged
from
25 to
90 minutes,
averaging
50 minutes.
Nineteen
interviews
were
conducted
by
video
conference.
nine
by
phone,
and
two
in
person.
All
were
based
on
a
discussion
guide
used
to
initiate
dialogue
and
record
responses.
Each
interviewee
was
shown
the
following
documents
during
the
interview:
•
Case
for
Support
•
Gift
Chart
to
Achieve
$9
.5
Million
Campaign
Goal
•
Study
Advisory
Task
Force
Roster
The
study
team
of
Cody
Grigsby,
senior
vice
president;
Jeanne
Schmelzer
, CFRE,
executive
vice
president;
Yvette
Herrera,
CFRE,
vice
president;
and
Amy
Epman,
senior
vice
president
and
director
of
special
services
, is
confident
that
this
report
and
its
recommendations
will
help
the
City
of
Poway
determine
its
future
sustainability plans
for
the
PCPA.
ENDOWMENT
CAMPAIGN
FEASIBILITY
STUDY
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PAGE
2.3 October 4, 2022, Item #5
City of Poway-Poway Center for the Performing Arts
ENDOWMENT CAMPAIGN FEASIBILITY STUDY
Section 2: Findings & Conclusions
Organizational Capacity
An important objective of any study is to evaluate key indicators of an organization's capacity to achieve a successful campaign. Success factors include:
A positive image among those who are closest to the organization and beyond. Perceptions of organizational strength and weakness, whether accurate or not, influence a prospective donor's willingness to consider a gift to the campaign. The degree to which the mission or purpose is viewed as compelling is also important in this regard.
Strong leadership from volunteers and staff. A successful campaign requires leaders with the commitment and ability to assume the responsibility of a campaign. Fund raising potential increases if leadership is well known and highly respected, with the ability and willingness to recruit other influential individuals to participate in the campaign.
Knowledge of current fund raising best practices. Fund raising experience and practice provide a base of committed donors and volunteer leaders trained in proven fundraising practices.
The following are the findings and conclusions underlying NGA's evaluation of the City's current organizational capacity to conduct a successful campaign.
1. The Poway Center for the Performing Arts is a valued community asset that provides broad access to arts and culture and enhances the quality of life in Poway.
The majority of people interviewed for the study (70%) believe that the Poway Center for the Performing Arts plays an important role in supporting and promoting public access to the arts. The City's partnership with the Poway Unified School District, Poway OnStage, and local groups brings greater exposure to the arts for residents and regional visitors. In addition, the PCPA is seen as a place for the community to gather for local Poway events.
How important is PCPA in supporting and promoting public access to performing arts in Poway region?
0% 10% 20% 30% 40% 50% 60% 70% 80%
■ Extremely important ■ Very important II Somewhat important ■ Not so important
ENDOWMENT CAMPAIGN FEASIBILITY STUDY
17 of 36
■ Not at all important ■ Did not know/rate
90% 100%
PAGE 2.1
October 4, 2022, Item #5
Two-thirds
of
interviewees
(67%)
said
they
attend
events
at
the
PCPA
once
or
several
times
each
year.
Many respondents
recount
experiences
that
their
children
had
as
student
performers.
Multiple
1 respondents
indicated
that
they
were
either
former
annual ticket
holders
and/or
used
to
attend
the
PCPA more
frequently,
yet
due
to
current
programming
their
attendance
had
declined
.
How
often
do
you
attend
events
or
performances
at
the
PCPA?
■
M
ulti
ple
tim
es
per
yea
r
■
O
nce
a
year
■
Occasio
nally
■
Neve
r
The
venue's
particular
strengths,
according
to
interviewees,
are
its
accessible
location
and
its
architectural
des
ign.
Others
noted
the
PCPA's
size
, the
variety
of
programs
offered
, and
the
friendly
and
helpful
staff
as
benefits
of
the
facility
.
"The
PCPA
is
a
community
gem
. It
adds
to
the
ambience
and
status
of
the
City."
"Nothing
else
nearby
compares
to
the
size
and
quality
of
the
facility
."
"The
location
is
convenient
and
makes
the
arts
accessible
to
the
community,
especially
to
young
people.
"
"If
you
are
a
parent
of
a
PUSD
student,
I'm
sure
you
attend
events
at
the
PCPA."
2. The
PCPA
is
considered
underutilized.
The
City
could
take
operational
measures
to
realize
the
PCPA's
untapped
potential.
Interviewees
in
general
agree
that
the
City
of
Poway
is
the
appropriate
entity
to
own
and
oversee
operations
of
the
PCPA.
Its
effectiveness
in
that
role
received
mixed
opinions
: 23%
approve
of
the
City's
management
of
the
PCPA
while
an
equal
percentage
disapprove
, 27%
claimed
a
neutral
position,
and
27%
could
not
rate
the
City's
oversight
due
to
limited
knowledge
and/or
participation.
While
some
exp
ressed
the
belief
that
the
City
is
"trying
really
hard"
and
"doing
the
best
they
can"
with
the
resources
they
have,
others
conclude
that
the
City
does
not
value
the
PCPA
based
on
the
way
it
manages
and
promotes
the
venue.
Respondents
point
to
the
PCPA's
underutilization
as
a
year-round
venue
, limited
marketing
and
promotion
, and
deferred
maintenance
.
ENDOWMENT
CAMPAIGN
FEA
SIBILITY
STUDY
18 of
36 PAGE
2.2 October 4, 2022, Item #5
How effective is the City's overall management
of PCPA operations?
0% 20% 40% 60% 80% 100%
■ Extremely effective ■ Very effective II Somewhat effective ■ Not so effective ■ Not at all effective ■ Did not know/rate Several respondents believe the City should operate the PCPA more like a business with a focus on increasing revenue generation and hiring professional staff who have experience in theater management. Multiple respondents suggested booking more diverse entertainment with higher-end options and longer runs, increasing ticket prices, and improving concessions. Others believe a marketing effort should focus not only on raising the visibility of the PCPA but establishing an identity for the facility that is independent of its user groups, specifically Poway OnStage. Currently, it is believed that most residents are not aware of the distinctions, which will hamper any future fundraising initiatives.
"The City manages the PCPA like a liability and positions it as a burden." "It goes unused much of the time. A facility like that should never be dark." "I personally found the price of admission offensively low." "They have very limited program offerings that make me say 'I want to go to that!"' "The PCPA should secure stronger acts that appeal to a broader audience and market them."
"They are good people doing a fair job, but the City needs to hire experienced staff who know what can be successful and who know what works."
"With a location next to the school and close affiliation with Poway OnStage, the PCPA lacks an identity of its own. They should promote it more and follow up with attendees and donors."
Fundraising Goal
Another objective of a study is to evaluate factors that impact an organization's ability to achieve its anticipated campaign fundraising goal. Important factors in this regard include:
Key stakeholders' opinions regarding the importance of the proposed project. Fund raising potential increases when prospective donors understand the need for the campaign and view the project as compelling. The strongest case is one that presents an inspiring vision of what the future holds if the project is completed successfully, and a vision that is perceived to be a high priority by a large segment of the community.
ENDOWMENT CAMPAIGN FEASIBILITY STUDY
19 of 36
PAGE 2.3
October 4, 2022, Item #5
•
Pool
of
potential
contributors.
A
successful
campaign
requires
enough
potential
donors
who
will
consider
supporting
the
campaign
at
the
anchor
gift
levels
needed
to
reach
goal-as
indicated
on
the
chart
of
gifts.
Stretch
giving
among
those
closest
to
the
organization
is
extremely
important
because
their
commitment
will
set
the
standard
of
giving
for
others.
•
Pool
of
potential
campaign
leaders.
A
major
campaign
is
an
extraordinary
event
in
the
life
of
any
organization,
requiring
dedicated
volunteer
and
staff
leadership
with
sufficient
strength
to guide
the
campaign
to
success.
Campaign
leaders
must
be
highly
respected,
able
to
inspire
and
motivate
volunteers,
willing
to
make
a
personal
stretch
gift,
and
inclined
to
commit
a
substantial
amount
of
time
to
ensure the
success
of
the
campaign.
•
External
factors
that
might
affect
the
campaign.
It
is
important
to
be
aware
of
both
real
and
perceived
factors
such
as
other
campaigns
or
projects
that
are,
or
will
be,
taking
place,
economic
conditions,
and
trends
in
the
local
community
that
may
impact
the
campaign.
The
following
are
NGA's
findings
and
conclusions
regarding
the
campaign
potential
of
the
City
of
Poway.
1. The
prospect
of
an
endowment
to
support
PCPA
operations
and
subsidies
has
merit,
but
the
City's
ability
to
raise
and
manage
the
endowment
funds
through
a
fundraising
campaign
is
questioned. The
majority
of
interviewees
(83%)
read
the
case
document
that
explains
the
rationale
for
the
City's
proposed
endowment
campaign.
City
staff
worked
with
NGA
to
develop
the
initial
case
for
support,
an
exercise
that
was
new
to
them
and
had
never
been
previously
undertaken.
Task
Force
members
helped
refine
the
document.
Ultimately,
staff
and
Task
Force
members
noted
their
appreciation
for
the
process,
viewing
it
as
a
first
step
in
defining
and
articulating
the
importance
of
the
PCPA
as
a
unique
asset
and
the
major
role
the
City
plays
in
its
ongoing
operations.
Interviewees
appreciated
the
case
as
a
valuable
educational
piece
and
suggested
using
an
adjusted
case
as
a
model
for
future
marketing. Prior
to
the
reading
the
case,
most
interviewees
(83%)
said
they
were
aware
that
the
PCPA's
annual
operating
budget
is
supplemented
by
the
City
of
Poway.
Fewer
(57%)
knew
that
the
PCPA does
not
benefit
from
the
fundraising
activities
of
its
user
groups.
Both
points
of
fact
are
not
well
known
by
the
public,
according
to
interviewees.
Moreover,
many
respondents
who
knew
these
facts
were
not
aware
of
the
magnitude
of
the
City's
subsidies
and
annual
deficit.
Among
the
general
public,
the
perception
that
the
PCPA
and
Poway
OnStage
are
a
single
entity
is
a
common
and
widespread
source
of
confusion
. These
findings
suggest
greater
financial
transparency
would
help
distinguish
the
PCPA
within
the
framework
of
its
own
identity.
"People
think
that
Poway
OnStage
and
PCPA
are
the
same
thing."
"I
knew
ticket
prices
were
subsidized
by
the
City,
but
I did
not
realize
how
much
the
City
was
subsidizing.
This
needs
to
change."
"I
was
surprised
that
Poway
OnStage
funds
do
not
support
the
PCPA
. It
is
really
important
for
people
to
know
that
they
are
separate
and
that
one
does
not
support
the
other."
Interviewees
were
asked
about
their
level
of
agreement
with
the
City
subsidizing
its
user
groups
in
order
to
keep
fees
affordable
and
community
access
to
the
arts
available. Three-quarters
(7
4%)
indicated
support
for
City
subsidies,
but
not
at
the
current
levels.
Interviewees
support
the
parallel
ENDOWMENT
CAMPAIGN
FEASIBILITY
STUDY
20 of
36 PAGE
2.4 October 4, 2022, Item #5
effort to re-negotiate and restructure the subsidy agreements, suggesting consideration of a sliding scale approach based on the size of an organization's budget. "It is appropriate and necessary for the City to support the arts." "The City should be more intentional about who they subsidize and at what level." "We need more transparency about the numbers. How are the subsidies and costs broken down?"
What is your level of agreement with ...
City's subsidies for PCPA user groups
Endowment to offset PCPA operational costs
0% 20% 40% 60% 80%
■ Strongly agree ■ Agree ill Neutral ■ Disagree ■ Strongly disagree ■ Did not know/rate 100%
The proposed endowment, which would generate income to help offset annual operational costs, received strong support from interviewees as a possible funding strategy. Sixty perce~t (60%) indicated strong agreement with the idea and another 23% expressed agreement. Their enthusiasm for the concept was tempered by two primary factors:
1) Compelling goal and impact: The endowment as proposed would fund the status quo, which is not a compelling motivation for donors. People want to know what will be different and better as a result of this fundraising effort. They also want to know if the proposed goal is enough to make a marked impact in the long term.
2) Likelihood of success: The City leadership's interest and capacity to raise and manage the proposed funds is in question. People want to know how the City, with no expertise in philanthropic fund raising, intends to spearhead a community campaign and how it will invest and use the endowment dollars once raised.
"An endowment is a good idea. It's fiscally responsible." "We should not raise money to keep things going the way that they are. There is no incentive to balance the budget."
"The annual subsidy of the PCPA accounts for less than 1 % of the City's current budget.
Trying to cut this in half is a whole lot of work for very little gain." "There is skepticism regarding the City's leadership and who will be managing the campaign."
ENDOWMENT CAMPAIGN FEASIBILITY STUDY
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PAGE 2.5
October 4, 2022, Item #5
To instill confidence in donors, interviewees offered suggestions that they think the City should consider in its aim to establish a more sustainable operating model for the PCPA. Some of the suggestions are already under consideration as a concurrent effort with the study. Others have been mentioned earlier in this report.
Evaluate management operations:
• Improve efficiencies to reduce operational costs
• Realign the subsidized fee structure and raise ticket prices • Diversify programming
• Hire professional management staff with experience in the performing arts or outsource operations
Increase marketing and promotion of the PCPA:
• Create an independent identity for the PCPA as a valued regional community asset • Convey City commitment to advancing a robust performing arts scene • Tell stories to raise awareness and excitement
Improve case for fundraising support:
• Define clear goals for the endowment
• Commit to transparent communication about the current fee structure and financial need • Present an aspirational vision for the PCPA and express anticipated outcomes that will create new benefits and added value
Build partnerships:
• Position fund raising for PCPA as a joint effort between the City and its user groups • Build relationships with business park tenants to build corporate support • Establish or partner with a 501(c)3 to collect charitable contributions Consider a comprehensive fundraising approach:
• Secure anchor gifts through personal, face-to-face solicitations • Hold annual charitable fundraising events, e.g. gala or golf tournament • Create a sustaining membership program
• Pursue corporate sponsorships
• Offer donors naming opportunities
2. The tested fundraising goal is not realistic at this time. Relationships with constituents will need to be established and philanthropic potential for major gifts will need to be cultivated.
The feasibility of the tested $9.5 million goal did not generate consensus among interviewees. One quarter of respondents (24%) believe the goal is realistic, expressing optimism for a challenging stretch goal in a community with capacity. One-third (34%) do not believe the goal is realistic, citing an undeveloped patron base and lack of donor relationships.
ENDOWMENT CAMPAIGN FEASIBILITY STUDY
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PAGE 2.6
October 4, 2022, Item #5
How realistic is a $9.5 million endowment campaign goal? 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
■ Highly realistic ■ Realistic II Neutral ■ Unrealistic II Highly unrealistic ■ Did not know/rate The majority of respondents indicated a willingness to support the proposed campaign. Ninety percent (90%) are willing to publicly endorse the project and would consider making a financial contribution to the campaign. In addition, 11 respondents said they would be willing to consider including the PCPA in their estate plan in support of an endowment. Many noted that their decision and ultimate degree of support would depend on a more aspirational case for support and/or on acquiring more information.
Potential Interviewee Campaign Engagement
Endorse Campaign
Make Financial Gift
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
■ Yes ■ Maybe ■ No
Sixteen interviewees offered potential gifts. Apart from one seven-figure gift that was already identified prior to the study, seven were potential five-figure gifts ranging from $10,000 to $50,000 and eight were less than $10,000.
Interviewees also offered other potential funding sources they believe have the capacity to give at major gift and lead gift levels. Corporations, especially those located in the Poway Business Park, were heavily mentioned; only a few were successfully reached for an interview. Other suggested sources were not interviewed; they will need to be qualified, and access identified, before they can be considered viable donor prospects.
ENDOWMENT CAMPAIGN FEASIBILITY STUDY
23 of 36 ·
PAGE 2.7
October 4, 2022, Item #5
Most
interviewees
do
not
believe
that
PCPA
user
groups
and
other
regional
performing
arts
organizations
present
significant
fund
raising
competition
for
an
endowment
campaign
that
was
proposed
to
begin
in
fall
of
2022
and
conclude
in
2024. Despite
growing
economic
concerns
such
as
inflation,
68%
of
respondents
think
now
is
the
right
time
for
the
PCPA
to
undertake
a
campaign
and
applauded
the
City's
efforts
in
exploring
the
opportunity
through
the
feasibility
study.
"You
have
to
start
sometime
. This
needs
to
happen and
I am
glad
they
are
doing
this."
"There
is
other
work
to
be
done
before
a
campaign.
They
need
to
work
on
marketing,
promotion,
and
articulating
value
and
benefit
before
looking
to
fundraise.
"
"When
is
the
right
time?
Might
as
well
be
now."
"They
should
finish
their
other
PCPA
assessments
and
improve
the
financial
condition
first,
raise
prices,
and
establish
some
trust
with
community
members
and
stakeholders."
"It's
absolutely
the
right
time!
Sooner
rather
than
later."
3. A
fundraising
organizational
structure
will
need
to
be
created
with
broad
community
stakeholder
representation.
Direct
involvement
of
City
staff
and
councilmembers
in
fundraising
should
be
minimized. In
addition
to
gift
potential,
the
study
examined
the
ideal
organizational
structure
the
City
should
form
to
raise
funds
on
behalf
of
the
PCPA.
Most
respondents
favor
an
option
independent
of,
but
connected
to,
the
City
of
Poway,
such
as
establishing
a
separate
nonprofit
or
foundation.
Others
suggested
forming
an
arts
commission
or
a
traditional
campaign
committee.
According
to
the
interviewees,
the
fundraising
structure
should
include
stakeholders
representing:
•
User
groups
•
Poway
residents
•
Foundations
•
Corporations
and
small
businesses
•
Chambers
of
commerce
and
other
civic
groups
While
direct
involvement
of
the
City
Council
should
be
limited,
endorsement
would
be
important.
Interviewees
were
asked
to
name
strong
candidates
to
lead
an
endowment
campaign
as
volunteer
ambassadors
and
fundraisers
. Nineteen
specific
individuals
or
couples
were
suggested
for
campaign
chair,
four
mentioned more
than
once
. Among
interviewees,
eight
respondents
(29%)
said
they
would
be
willing
to
serve
in
a
campaign
leadership
position
and
another
nine
(32%)
would
consider
it.
Eleven
(39%)
said
no.
While
some
support
and
interest
was
identified,
the
proposed
campaign
was
not
perceived
as
a
priority
among
interviewees
as
potential
campaign
leaders.
In
NGA's
experience,
a
higher
level
of
volunteer
leadership
is
needed
to
lead
and
conduct
a
campaign.
The
City
would
benefit
from
building
more
organizational
traction
and
forging
relationships
with
key
community
leaders
who
will
open
doors
to
prospective
supporters
and
possible
future
volunteers.
ENDOWMENT
CAMPAIGN
FEASIBILITY
STUDY
24 of
36 PAGE
2.8 October 4, 2022, Item #5
Interviewee
Willingness
to
Provide
Campaign
Volunteer
Leadership
■
Yes
■
Maybe
No
ENDOWMENT
CAMPAIGN
FEASIBILITY
STUDY
PAGE
2.9 25
of
36 October 4, 2022, Item #5
City
of
Poway
-
Poway
Center
for
the
Performing
Arts
ENDOWMENT
CA
MPAIGN
FEASIBILIT
Y
STUD
Y
Section
3: Recommendations
Based
on
NGA
's findings,
the
City
of
Poway
is
not
in
a
position
to
currently
launch
a
successful
endowment
campaign.
To
maximize
the
benefit
of
this
study
, address
any
challenges
that
surfaced,
and
better
position
the
City
of
Poway
and
the
PCPA
for
a
successful
future
fundraising
initiative,
NGA
offers
the
following
recommendations
.
1. Do
not
proceed
with
the
proposed
endowment
campaign
at
this
time.
Before
pursuing
community
support
, the
City
needs
to
instill
confidence
among
the
private
sector
regarding
its
fiscal
responsibility
for
public
funds
that
are
currently
allocated
to
the
PCPA and
its
dedication
to
maximizing
private
philanthropic
investment
and
impact.
2. Complete
the
concurrent
fee
studies
and
operational
assessments.
Make
available
the
findings,
options
for
restructuring
PCPA
operations
and
costs,
and
the
City's
action
plan
to
the
public
,
providing
full
transparency
with
regard
to
operational
costs
and
subsidies.
3. Implement
a
strategic
planning
initiative
for
the
PCPA
that
includes
a
business
model,
corporate
development
plan,
marketing
and
communications,
and
fundraising
initiatives.
•
Form
a Strategic
Planning
Task
Force
comprising
select
city
staff
, council,
and
PCPA
stakeholders
to
clarify
the
goals
and
desired
outcomes
of
the
PCPA
that
will
guide
operational
and
future
fundraising
initiatives.
•
Build
consensus
and
generate
an
aspirational
vision
for
the
PCPA's
future,
establishing
an
identity
for
the
PCPA
as
an
independent
entity
, distinct
from
the
City
and
its user
groups
.
•
Establish
key
goals
and
a
guiding
focus
for
PCPA
operations
and
programming
that
includes
strategies
for
cultivating
key
partners,
establishing
effective
communications,
maximizing
the
use
of
program
space,
expanding
activities
and
programming,
identifying
resources,
assessing
cost
structures,
and
diversifying
revenue
streams.
Key
considerations
should
include:
•
Investing
in
professional
management
resources
for
the
PCPA
that
will
ensure
the
effective
and
efficient
use
of
programming
space
, operational
practices,
community
engagement,
and
finances
.
•
Implementing
a
corporate
development
plan
to
actively
engage
the
business
community
in
promoting
the
PCPA
and
cultivate
key
partnerships
with,
and
access
to
, local
businesses
and
corporations
to
pursue
fund
raising
activities
and
sponsorships
in
support
of
the
PCPA.
•
Investing
in
a
broad-based
marketing
and
promotion
campaign
to
raise
the
profile
of
the
PCPA
and
its
value.
As
part
of
this
effort
, strengthen
the
City
Council's
role
as
ambassadors
for
the
PCPA
and
regional
arts
programming
, and
thoughtfully
cultivate
relationships
with
community
members
and
PCPA
attendees
to
clearly
promote
the
value
of
the
PCPA
and
the
City
's support
of
the
arts
.
Develop
an
action
plan
and
timeline
to
operationalize
the
strategic
goals
.
ENDOWMENT
CA
MP
A
IGN
FE
ASIBILITY
STUDY
26 of
36 PAGE
3. 1
October 4, 2022, Item #5
4. Use the strategic plan to guide operational and funding priorities, establish a fund raising infrastructure, and clarify the benefits of philanthropic support. • Identify a dedicated fundraising arm and fund manager for the PCPA. Explore opportunities to form, or partner with, a separate 501(c)(3) nonprofit organization to manage and oversee the fundraising activities of the PCPA. Establishing a nonprofit partner will be critical to current and potential supporters considering philanthropic support. • Reconsider the case for support within a framework that articulates clear and compelling outcomes and an aspirational future for the PCPA that goes beyond the status quo. Position the PCPA and its future impact worthy of philanthropic support and build confidence that the PCPA, and its programming, will be enhanced as a result of community support.
5. Follow up with volunteers and interviewees to share the outcome of the study. • Meet personally with select interviewees as well as community and business leaders, providing them with an executive summary of the study's findings and recommendations to continue cultivation and engagement efforts.
• Send letters of appreciation to all interviewees thanking them for their participation in the study and articulating the City's plans and the Council's decision. • Include the findings and action plan developed from the fee study and operational assessments.
ENDOWMENT CAMPAIGN FEASIBILITY STUDY
27 of 36
PAGE 3.2
October 4, 2022, Item #5
City
of
Poway
-
Poway
Center
for
the
Performing
Arts
ENDOWMENT
CAMPAIGN
FEASIBILITY
STUDY
Section
4:
Appendix
ENDOWMENT
CAMPAIGN
FEASIBILITY
STUDY
28 of
36 PAGE
4.1 October 4, 2022, Item #5
City
of
Poway
-
Poway
Center
for
the
Performing
Arts
ENDOWMENT
CAMPAIGN
FEASIBILIT
Y
STUD
Y
List
of
Interviewees
Brad
Senter
Senior
Vice
President
, UBS
Wealth
Management
Joseph
Britton
Senior
Public
Affairs
Manager,
SDG&E
Dave
Brooks
Board
Member,
Rancho
Bernardo
Community
Foundation
Craig
Brown
Community
Member
Ginger
Couvrette
Member
, Board
of
Education,
Poway
Unified
School
District
Cynthia
Elizondo
Realtor,
Halcyon
Real
Estate
Services
Will
iam
Engelbrecht
Executive,
Sempra
Energy
(Retired)
Ellen
Gelwix
President-Owner,
It's
My
Party
Event
Planning
(Retired)
Dave
Grosch
Councilmember
, City
of
Poway
Ellen
Halamuda
Community
Member
Rachel
McCarthy
Henneforth
President,
The
McCarthy
Family
Foundation
Sue
Herndon
Community
Activ
ist
(Retired)
-----
-
-
-----------
--
Adrienne
Wells
Holmes
Executive
Director
, Toby
Wells
Foundation/Partner,
Wells
Entities
James
Hyldahl
Sr.
Vice
President
of
Investments,
UBS
(Retired)
'-
Mary
Karscig
Former
Board
President,
PCPA
Foundation
(now
Poway
OnStage)
Todd
Kawai
Chief
Financial
Officer,
General
Atomics
Aeronautical
Systems
Suzanne
Kropf
Realtor
, Berkshire
and
Hathaway
Dan
Krall
Financial
Professional
(Retired
)
Barry
Leonard
Council
member,
City
of
Poway
Martha
Lyles
Director
of
Development,
St.
Gabriel
Church
Leah
McBride
Senior
Loan
Officer,
Finance
of
America
Jane
D.
McCarthy
Board
Member
, McCarthy
Family
Foundation
Kevin
McNamara
Managing
Partner
, The
Farm
in
Poway
Ann
Murray
Executive
Director
, Fallbrook
Music
Society
ENDOWMENT
CAMPAIGN
FEA
SIBILITY
STUDY
29 of
36 PAGE
4.2 October 4, 2022, Item #5
Deborah
Schlager
Sales,
Anthem
Electronics
(Retired)
Phil
Schneider
Biotechnology
Executive
(Retired)
Steve
South
President
and
CEO,
EDCO
Disposal
Steven
Stone
Broker
Associate
&
Relocation
Specialist,
Berkshire
and
Hathaway
Neil
Tarzy,
MD
Physician,
Family
Practice
Joe
Terzi
President
and
CEO,
San
Diego
Tourism
Authority
James
Seifert
San
Diego
Gas
and
Electric/
Consultant
(Semi-Retired)
ENDOWMENT
CAMPAIGN
FEASIBILITY
STUDY
30 of
36 PAGE
4.3 October 4, 2022, Item #5
City of Poway -Poway Center for the Performing Arts
Endowment Campaign Feasibility Study
Study Advisory Task Force
Cynthia Elizondo, Chair
Realtor
Halcyon Real Estate Services
Abby Barretto
Community Relationship Advocate
Craig Brown
Community Member
Ginger Couvrette
Board Trustee
Poway Unified School District
Dave Grosch
Council member
City of Poway
Sue Herndon
Retired
Community Activist
Dan Krall
Retired,
Financial Professional
Barry Leonard
Councilmember
City of Poway
Rachel McCarthy Henneforth
President
McCarthy Family Foundation
ENDOWMENT CAMPAIGN FEASIBILITY STUDY
31 of 36
Jim Reid
Vice President, Board of Directors
Poway Symphony Orchestra Foundation
Kevin McNamara
Managing Partner
The Farm in Poway
Staff
Audrey Denham
Community Services Director
City of Poway
Chris Hazeltine
City Manager
City of Poway
Wendy Kaserman
Assistant City Manager
City of Poway
Belinda Romero
Recreation Area Manager
Poway Center for the Performing Arts
City of Poway
PAGE 4.4
October 4, 2022, Item #5
EXECUTIVE
SUMMARY
The
power
of
the
performing
arts
to
create
a sense
of
shared
community
is
evident
in
Poway.
Since
1990,
the
Poway
Center
for
the
Performing
Arts
PCPA-has
been
the
regional
home
for drama,
comedy,
music,
and
dance.
Its
stage
is
shared
by
professional
performers,
community-based
productions,
and
arts
education
programming
that
bring
thousands
of
residents
and
visitors
of
all
ages
together
each
year.
Last
year,
the
City
of
Poway
reaffirmed
its
commitment
to
ensuring
the
PCPA's
future
as
the
heart
and
soul
of
our
community.
As
part
of
a broader
plan
to
create
a sustainable
operating
model
for
the
PCPA,
the
City
is
proposing
a
campaign
to
establish
a
$9.5
million
Poway
Center
for
the
Performing
Arts
Endowment
Fund.
The
McCarthy
Family
Foundation
has
pledged
$1
million
to
seed
the
Endowment
Fund
and
is
funding
a
campaign
feasibility
study.
Power
of
the
Performing
Arts
A
half
hour
from
downtown
San
Diego
,
Poway
prides
itself
on
being
"The
City
in
the
Country.
" Families
are
attracted
to
our
award-winning
schools,
miles
of
parks
and
open
space,
and
safe
neighborhoods,
while
professionals
appreciate
an
easy
commute
and
high
standard
of
living
.
Yet
it is
the
power
of
the
performing
arts
that
knits
a community
together
and
improves
quality
of
life
. Theatre,
music,
and
dance
inspire
creativity
and
self
expression
. Exposure
to
the
arts
is
proven
to
boost
academic
performance
as
well
as
health
outcomes.
The
arts
create
shared
experiences
for
people
with
diverse
backgrounds,
fostering
empathy
and
appreciation
of different
perspectives
and
strengthening
bonds
between
neighbors
. Moreover
, civic
and
cultural
vitality
is
a key
driver
in
a community
's
economic
strength
and
makes
our
region
a more
desirable
place
to
live
.
Our
civic
leaders
recognized
the
countless
benefits
that
the
arts
play
when
they
built
the
Poway
Center
for
the
Performing
Arts
30 years
ago
.
October 4, 2022, Item #5
2021·22 REGIONAL PRESENTERS
American Chinese Culture and Education Foundation
California Ballet/Ballet Foundation of San Diego
Coastal Communities Concert Band
Danclnspiration
Dance & Company
Gujarati Association of San Diego
Metropolitan Educational Theatre (MET2)
Ms. Debbora's Dance
Music and Theatre Troupe
New West Ballet
Poway Symphony Orchestra
Ramona Julian Dance
San Elijo Dance & Music
Scripps Theatre Arts
Step by Step
SoCalDance
Southern California Ballet
The Heart and Soul of Poway
Today, the Poway Center for the Performing Arts enlightens and enriches the community as a venue for world-class
entertainment and cultural events and as a place for inspiring and nurturing the next generation of artists. An architectural gem, the 809-seat theatre was designed to accommodate a diverse blend of professional, educational, and community programming. The City partners with three major user groups:
1. Poway OnStage is a nonprofit organization that stages a professional performance series of unique, one-night-only shows ranging from jazz concerts and Irish dance troupes to magicians and musical theatre. Poway OnStage also
offers an Arts in Education program that give local youth a platform to cultivate critical thinking, teamwork, and creative and social skills, while introducing them to the world of theatre, dance, and music.
2. Poway Unified School District showcases student theatrical, choir, and instrumental performances as well as
community forums and lectures in the PCPA. Located on
the Poway High School campus, the PCPA is also available to students for daytime rehearsals and class events.
3. Regional community groups such as Poway Symphony
Orchestra and Southern California Ballet as well as visiting presenters stage more than 100 concerts, performances,
and recitals at the PCPA each year. Community groups
include nonprofits, schools, and businesses.
As the PCPA's owner and operator, the City is committed to maintaining the highest standards of quality and public access. This starts in advance of each season when Performing Arts Center Division staff partners with user groups to plan a diverse event calendar. Our staff manage professional technical, box office, and front-of-house services and the volunteer usher program ensures audiences have a memorable experience for every performance. And facility maintenance and capital replacement protect the value of the state-of-the art venue as a community point of pride.
October 4, 2022, Item #5
A Sustainable
Future
The
City
of
Poway
is
committed
to
managing
the
PCPA
efficiently,
allocating
direct
funding
annually
to
the
PCPA's
staffing,
general
operations,
and
facility
and
equipment
maintenance.
At
the
same
time,
the
City
ensures
that
quality
arts
experiences
remain
accessible
to
the
entire
community
by
providing
subsidized
fees
of
varying
levels
to
all
user
groups.
In
the
current
fiscal
year,
PCPA
annual
operating
expenses
are
$1,365,000,
which
is
partially
offset
by
$415,000
in
revenue
from
facility
user
fees.
Revenues
from
facility
rentals,
event
service
fees,
and
user
agreement
cost
sharing
do
not
cover
the
growing
annual
operating
deficit,
which
now
totals
approximately
$950,000.
Simply
making
up
the
deficit
by
increasing
rental
fees
will
leave
too
many
arts
organizations
without
a performance
home.
Most
performing
arts
centers
require
a combination
of
earned
and
contributed
income
to
balance
their
budgets,
and
public
support
of
these
venues
is
often
supplemented
by
fundraising
efforts
to
secure
private
and
corporate
donations
to
fund
operations.
The
City
is
building
a
comprehensive
approach,
including
an
endowment,
to
create
a sustainable
operating
model
for
the
PCPA.
To
maximize
earned
income
streams,
Poway
City
staff
are
looking
into
realigning
terms
of
user
agreements, subsidy
allocations,
and
facility
rental
fee
schedules,
evaluating
management
efficiency
for
cost
control,
and
maximizing
use
of
the
venue
year
round
. At
the
same
time,
the
City
and
the
McCarthy
Family
Foundation
authorized
a feasibility
study
to
explore
fundraising
potential
for
the
PCPA.
34 of
36 DID
YOU
KNOW?
•
The
City
of
Poway
has
never
before
pursued
fundraising
on
behalf
of
the
Poway
Center
for
the
Performing
Arts.
•
Poway
OnStage,
previously
known
as
the
PCPA
Foundation,
is
a
separate
nonprofit
organization
that
brings
professional
performances
to
the
PCPA
stage.
•
AU
PCPA
nonprofit
user
groups
will
continue
to
fundraise
independently
to
support
their
own
operations
and
programming.
•
The
proposed
endowment
will
specifically
support
the
costs
of
running
the
PCPA
in
order
to
keep
its
use
affordable
and
accessible
to
community
users.
October 4, 2022, Item #5
Proposed
Endowment
Campaign
City
leaders
are
planning
to
establish
an
Endowment
Fund
that
will
provide
a
perpetual
base
of
financial
support
for
the
PCPA.
With
an
initial
goal
of
reducing
the
annual
subsidy
by
50%,
the
City
aims
to
build
a $9
.5 million
Endowment
Fund
through
private
philanthropy.
With
a
corpus
of
$9.5
million
and
a conservative
5%
annual
rate
of
return,
the
Endowment
Fund
will
generate
$475,000
annually.
The
feasibility
study
and
fundraising
campaign
will
engage
community
and
business
leaders
as
well
as
city
councilmembers
and
staff
to
lead
these
efforts.
Moreover,
the
City
plans
to
partner
with
a community
foundation
to
accept
charitable
donations
and
to
manage
the
Endowment
Fund's
investments.
The
proposed
Endowment
Campaign
will
engage
residents
of
Poway
and
beyond-arts
patrons
and
parents,
regional
corporations
and
local
business
owners,
civic
leaders,
and
foundations-to
support
the
Endowment
Fund
through
outright
gifts
and
pledges
as
well
as
planned
or
deferred
gifts
. Every
dollar
contributed
to
the
Endowment
Fund
will
support
the
Poway
Center
for
the
Performing
Arts
in
perpetuity.
In
an
early
show
of
support,
The
McCarthy
Family
Foundation
has
pledged
$1
million
to
seed
the
Endowment
Fund
and
is
funding
the
feasibility
study
.
Thirty
years
ago,
the
City
of
Poway
invested
in
creating
a vibrant
hub
for
arts
and
culture-the
Poway
Center
for
the
Performing
Arts.
The
generosity
of
the
community
today
will
ensure
that
the
PCPA
continues
to
advance
the
arts
in
Poway
and
nurture
its
civic
heart
and
soul.
October 4, 2022, Item #5
City
of
Poway
-
Poway
Center
for
the
Performing
Arts
Proposed
Endowment
Campaign
Chart
of
Gifts
to
Achieve
$9,500,000
Goal
Gifts
can
be
paid
over
a three
to
five
year
pledge
period
#
of
Gifts
1 1 2 5 15 22 25 45 Many
I
In
the
Range
of
$2,000,000
and
greater
1,000,000
-
1,999,999
500,000
-
999,999
250,000
-
499,999
100,000
-
249,999
50,000
-
99,999
25,000
-
49,999
10,000
-
24,999
Under
$10,000
Will
Produce
$2,000,000 1,000,000 1,000,000 1,250,000 1,500,000 1,100,000 625,000 450,000 575,000
116
total
gifts
of
$10,000
and
greater
GIFT
PAYMENT
INFORMATION
•
Payments
may
be
made
over
a
period
of
three
to
five
years.
•
Payments
may
be
made
via:
t
Cash
or
Check
•
Debit
or
Credit
Card
t
Appreciated
Securities
(including
mutual
funds)
t
Donor
Advised
Funds
(DAF)
Cumulative
Total
$2,000,000 3,000,000 4,000,000 5,250,000 6,750,000 7,850,000 8,475,000 8,925,000 9,500,000 IRA
Mandatory
Distribution
or Rollove
r at
72 years
of
age
•
Planned
or
Deferred
Gifts
t
Real
Estate
•
Gifts
are
tax
deductible
to
the
full
extent
of
federal
&
state
laws
.
ENDOWMENT
CAMP
A
IG
N
FEASIBILITY
STUDY
36 of
36 %
of
Total
21.1% 31.6% 42.1% 55.3% 71.1%
·
82.6% 89.2% 93.9% 100%
PAGE
4.9 October 4, 2022, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
October 4, 2022
Honorable Mayor and Members of the City Council
Audrey Denham, Director of Community Services ~
Audrey Denham, Director of Community Services
(858) 668-4584 or [email protected]
CITY COUNCIL
Approval of Joint-Use Agreement between the City of Poway and Poway Unified School District for the Poway Center for the Performing Arts On May 22, 1990, the City entered into a Joint-Use Agreement (1990 Agreement) with the Poway Unified School District (PUSD) for use of the Poway Center for the Performing Arts (PCPA). Since that time, facility use, maintenance responsibilities, associated costs, and processes related to the facilitation of the Agreement have changed. The City and PUSD are partnering to support the arts and ensure the best experience for PUSD students. Both parties have cooperatively renegotiated a new Joint Use Agreement (Agreement) to reflect operational changes, maintain the facility, and serve the students of PUSD.
Recommended Action:
It is recommended the City Council approve the Joint Use Agreement between the City of Poway and the Poway Unified School District for the Poway Center for the Performing Arts and authorize the City Manager to execute all necessary documents associated with the agreement.
Discussion:
The PCPA was established in 1990 as a municipal and educational facility for the presentation of performing arts, educational programming, and the display of fine arts. The facility was constructed by the City on land leased from PUSD and is subject to the 1990 Agreement that sets forth the terms by which the City, the Poway Redevelopment Agency, and PUSD share in its use, maintenance, and operating costs. After the dissolution of the Redevelopment Agency in 2012, the City became the Successor Agency to the former Redevelopment Agency, leaving just the City and PUSD as the parties to the 1990 Agreement. The 1990 Agreement has been modified several times through the use of side letters or amendments.
During a workshop in April 2021 City Council provided direction on several critical decision points related to Use and Use Policy, Cost Recovery, Agreements with User Groups, and Fund raising. Council 1 of 18
October 4, 2022, Item #6
directed
staff
to
perform
the
following
tasks
:
1. Conduct
a feasibility
study
to
determine
the
possibility
of
an
endowment
fundraising campaign
that
would
help
support
PCPA
operations
and
maintenance
.
2. Oversee
a complete
operational
analysis
and
fee
study
to
review
all
aspects
of
PCPA
operations
and
recommend
operational
and
fee
changes
to
improve
efficiency
, decrease
the
operating
subsidy,
and
generate
additional
revenue
for
the
facility.
3. Renegotiate
the
1990
Agreement
with
PUSD
to
reflect
current
operations
and
needs.
4. Request
proposals
for
a
professional
mainstage
presenter
with
an
agreement
that
is
more
favorable
to
the
City.
City
and
PUSD
staff
met
multiple
times
to
discuss
, draft,
and
review
a proposed
Agreement
that
would
be
beneficial
to
both
parties
. The
goals
of
the
Agreement
included
increasing
PUSD's
use
of
the
facility
and
revising
the
cost-sharing
formula,
as
well
as
updating
operating
procedures
and
other
elements
of
the
Agreement.
The
35%
cost
share
used
in
the
terms
of
the
Agreement
outlined
below
is
reflective
of
the
percentage
of
time
PUSD
is
using
the
PCPA
throughout
the
year.
When
the
new
Agreement
is
executed,
it
will
supersede
the
existing
1990
Agreement,
and
subsequent
side
letters
and
amendments.
The
PUSD
Board
of
Education
will
discuss
and
consider
the
Agreement
at the
October
13,
2022,
PUSD
Board
meeting.
Changes
from
the
previous
1990
Agreement
include
the
following:
1. The
term
of
the
agreement
is
25 years.
The
agreement
may
be
cancelled
by
either
party
with
not
less
than
one
full
PUSD
calendar
year's
not
ice,
ensuring
both
parties
have
ample
time
to
plan
and
budget
for
the
change
in
use
.
2. Beginning
with
the
current
fiscal
year
, which
began
on
July
1,
2022,
PUSD
will
pay
35%
of
the
PCPA
operating
budget
and
capital
projects,
excluding
electricity
costs
, auto
and
cell
phone
allowance
for
the
manager,
concession
operations,
ticket
printing,
and
ticket
handling.
PUSD's
portion
of
cost-sharing
includes
, but
is
not
limited
to,
labor,
gas,
utilities,
contractual
services
,
janitorial
services,
landscape
maintenance
, equ
ipment
maintenance
, repair,
and
replacement,
building
repair
and
maintenance,
and
ope
rating
supplies.
3. PUSD
pays
100%
of
the
cost
for
building
repair
and
maintenance,
telephone
services
, and
custodial
services
for
the
rehearsal
space,
which
is
used
as
the
drama
room
by
Poway
High
School.
4. The
annual
increase
in
total
labor,
operations,
and
maintenance
costs
reimbursed
by
PUSD,
excluding
capital
projects,
will
not
exceed
7.5%
each
year.
If
cost increases
exceed
7.5%
the
City
and
PUSD
will
discuss
increases
in
good
faith
and
not
unreasonably
withhold
approval
for
justified
increases.
5. The
City
and
PUSD
will
review
use
and
cost
sharing
every
3 years
or
as
requested
by
either
party
and
adjust
as
necessary.
6. PUSD
will
pay
35%
of
capital
projects
. The
City
and
PUSD
will
meet
each
year
between
October
and
December
to
review
potential
capital
projects
and
their
impact
on
budget
deve
lopment
and
shall
tentatively
agree
on
which
capital
projects
will
commence
in
the
following
fiscal
year
. In
March,
the
parties
will
agree
and
finalize
the
capital
projects
list
for
the
next
fiscal
year.
7. The
City
handles
the
scheduling
of
all
rental
clients.
PUSD
has
priority
over
rental
clients
until
dates
have
been
confirmed
with
rental
clients
. Once
dates
are
confirmed,
PUSD
cannot
bump
rental
clients.
Staff
is
confident
the
City
can
meet
the
needs
of
rental
clients
while
adhering
to
the
terms
of
the
Agreement.
8. PUSD
use
of
the
PCPA
will
be
expanded
from
77 days
to
88 days
for
rehearsals,
performances,
and
events
. One
day
is
defined
as
any
PUSD
use
regardless
of
the
length
of
time
the
PCPA
is
2 of
18 October 4, 2022, Item #6
used
. Use
of
the
PCPA
beyond
88 days
is
permitted
if the
PCPA
is
available
and
PUSD
reimburses
the
City
for
additional
days
based
on
the
City
Master
Fee
Schedule
.
9. PUSD
can
access
the
PCPA
Monday
through
Friday
during
regularly
scheduled
school
hours
,
excluding
holidays,
when
the
PCPA
is
not
being
used
by
the
City
or
a
rental
client.
The
purpose
will
be
for
educational
instruction
and
no
audience
will
be
permitted
. PUSD
use
will
be
fully
supervised
by
PUSD
staff
with
no
City
or
technical
theater
support;
City
will
be
onsite
to
open
and
close
the
PCPA.
10 . The
PCPA
will
be
available
for
PUSD
use
in
the
summer
for
performing
and
visual
arts
camps,
but
scheduling
will
take
into
consideration
maintenance
closures,
City
programs,
and
rental
clients
.
11 . The
City
will
provide
opportunities
for
two
students
per
semester
to
participate
in
a new
theater
internship
program.
The
estimated
FY22-23
PCPA
operating
subsidy
is
$726,000.
Per
the
terms
of
the
new
agreement,
PUSD's
estimated
cost
sharing
for
this
fiscal
year
will
increase
from
$93,000
to
$356
,000
for
an
increase
of
$263,000
in
City
revenue.
With
approval
of
this
Agreement
the
FY22-23
PCPA
operating
subsidy
is
estimated
at
$463
,000.
Capital
projects
are
estimated
at
$4
million
over
the
next
four
years
.
This
preliminary
estimate
was
calculated
in
2020
and
does
not
include
inflationary
changes
or
ADA
requirements
. As
included
in
the
Agreement
, with
PUSD
paying
for
35%
of
cap
ital
projects
, PUSD's
cost
sharing
amount
for
capital
projects
is
estimated
at
$1.4
million
over
the
ne
xt four
years
.
Environmental
Review:
This
item
is
not
subject
to
California
Environmental
Quality
Act
review.
Fiscal
Impact:
The
estimated
annual
increase
in
reimbursement
costs
from
PUSD
is
$263,000.
The
estimated
reimbursement
from
PUSD
for
capital
projects
is
$1.4
million
spread
out
over
four
years.
Public
Notification:
None
.
Attachment: A.
Joint-Use
Agreement
Reviewed/
Approved
By
:
Assistant
City
Manager
3 of
18 Reviewed
By
:
Alah
Fenstermacher
City
Attorney
Chris
Hazeltine
City
Manager
October 4, 2022, Item #6
JOINT-USE AGREEMENT BETWEEN THE CITY OF POWAY AND THE
POWAY UNIFIED SCHOOL DISTRICT FOR THE POWAY CENTER FOR
THE PERFORMING ARTS
THIS AGREEMENT is made and entered into by and between the City of Poway (hereinafter called "City"), and the Poway Unified School District (hereinafter called "District"), on this __ day of _____ , 2022 ("Effective Date"). The City and District are at times referred to individually as a Party, or collectively as the Parties.
WHEREAS, the governing bodies of the City and the District are mutually interested in and concerned with the provision of community leisure activities including cultural programs, under the auspices of the City Community Services Department, and in cooperation with the District; and
WHEREAS, cities and school districts are authorized by Chapter 10 of Part 7 of Division 1, Title 1 of the Education Code of the State of California (Sections 10900 et. seq.) to organize, promote, and conduct a community leisure activity program within or without their territorial limits; and
WHEREAS, in 1990, the City built the Poway Center for the Performing Arts ("PCPA"), on land leased to the City by the District, pursuant to the terms of the May 22, 1990 Joint-Use Agreement Poway Center for the Performing Arts between City, Poway Redevelopment Agency and District; and
WHEREAS, the City initially contributed $8,100,000 toward the construction of the PCPA, and the District contributed $500,000, as well as the property upon which the PCPA sets; and
WHEREAS, the City owns and operates the PCPA as a municipal and educational facility designed to provide a venue for the presentation of the fine and performing arts and educational programming; and
WHEREAS, the City currently pays all capital costs associated with the PCPA, and District pays a portion of the operating and maintenance costs; and WHEREAS, on February 1, 2012, the Redevelopment Agency was dissolved by operation of law, and, pursuant to California Health and Safety Code section 37173, City became the Successor Agency to the former Redevelopment Agency; and WHEREAS, the governing bodies of the City and District are authorized by Government Code of the State of California, Chapter 5' (Section 6500 et. seq.) to enter into agreements with each other to promote the health and general welfare of the community and contribute to the attainment of leisure activity goals and objectives for children and adults within the community; and
WHEREAS, the City has established a Community Services Department responsible for carrying out the purposes of community cultural enrichment; and 4of 18 ATTACHMENT A
October 4, 2022, Item #6
Poway Center for the Performing Arts Joint-Use Agreement 2022
WHEREAS, the District has as its mission to create culture and conditions in order to empower world class learners; and
WHEREAS, in the interest of providing the best public service, cooperation between the City and the District is necessary; and
WHEREAS, the City has installed and maintains a carport-mounted photovoltaic system in a parking lot adjacent to the Poway Center for the Performing Arts, which provides mutual benefit to both Parties by providing covered parking and renewable energy generation and use at the facility; and
WHEREAS, the District has agreed to pay 35% of costs associated with PCPA labor, operations, maintenance, and Capital Projects (defined herein) as of July 1, 2022; NOW, THEREFORE, based on the foregoing recitals, City and District agree as follows:
1. TERM
The term of this agreement shall be twenty-five (25) years from the Effective Date. This Agreement may be cancelled by either Party upon written notification not less than one (1) full District school calendar year in advance.
2. PREVIOUS AGREEMENT
This Agreement entirely supersedes the Joint-Use Agreement Poway Center for the Performing Arts between City, the Poway Redevelopment Agency and District entered into on May 22, 1990 ("1990 Agreement"), the Memorandum of Understanding between City and district entered into on March 20, 2017 ("2017 MOU"), and the City of Poway, Poway Center for the Performing Arts Use Policy, which as of the Effective Date, shall no longer have any force or effect.
3. USE OF FACILITIES
City will make available to the District the use of the PCPA, which the City built on land leased to the City by the District, pursuant to the terms and conditions set forth in the 1990 Agreement.
4. DEFINITIONS
5 of 18
a. "PCPA" is the collective term used when addressing all interior facilities and exterior areas considered to be part of the Poway Center for the Performing Arts, excluding the Rehearsal Space as defined in 5(d). b. "District Use" refers to any time and manner in which District is responsible for the activities at PCPA, as specified in this Agreement.
District Use includes use by those schools under the control and jurisdiction of the Poway Unified School District. At the District's discretion use by organizations affiliated with the Poway Adult School may fall under the definition of District Use.
October 4, 2022, Item #6
Poway Center for the Performing Arts Joint-Use Agreement 2022
c. "City Use" refers to any time and manner in which City is responsible for the activities at PCPA, as specified in this Agreement. d. "Rehearsal Space" refers to the PCPA rehearsal room, and the office, storage rooms, and dressing rooms located within.
e. "Capital Projects" refer to all capital improvement projects, as that term is commonly understood, relating to the PCPA. Capital Projects involve the significant update or replacement of PCPA facilities and equipment, and are typically undertaken when the PCPA is not being utilized. f. "Third Party Use" refers to any use of the PCPA by a third party other than the City or District that is managed, approved, and permitted by the City.
5. SCHEDULING
6 of 18
a. Scheduling of the PCPA shall be the responsibility of the City. b. City shall, at all times, have direct access to and direct control over all areas of the PCPA, although during the school day District students will be supervised by District teachers and/or staff.
c. Master schedules shall be developed by the City and the City shall make reasonable accommodation of District's needs.
d. The Director of Community Services or designee shall be the point of contact for City and the Visual and Performing Arts Specialist or designee shall be the point of contact for the District. Both Parties shall designate, in writing, one point of contact responsible for Agreement administration, use of the PCPA, and scheduling. Both Parties are responsible for promptly notifying the other party if there are changes in the point of contact. e. Requests for District Use of the PCPA shall be reviewed and approved by the District before submitted to City. District Use is subject to City approval. District-sponsored arts events shall have priority, followed by District-sponsored non-arts events.
f. District Use of the PCPA shall not be sublet or otherwise assigned to non District organizations or groups. At the District's discretion use by organizations affiliated with the Poway Adult School may fall under the definition of District Use.
g. District agrees to limit approval of District Use for performances with audiences of one hundred fifty (150) or less.
h. Requests for use by entities other than the District shall be submitted to the City. All contractual agreements for the use of the PCPA shall be exclusively between the City and the third party. Prior to scheduling and confirming any third party scheduled use, City and District uses shall have October 4, 2022, Item #6
Poway Center for the Performing Arts Joint-Use Agreement 2022 Page4
7 of 18
priority. However, after a third party scheduled use has been confirmed it shall have priority over all other uses.
i. City shall have first priority for use of all areas at the PCPA for performances and events, with the exception of the Rehearsal Space.
District shall have second priority use of the stage, green room, and dressing rooms as scheduled by the City and unless previously scheduled and confirmed by City for third party uses.
j. District shall have first priority for the day-to-day use of the Rehearsal Space for the purpose of student instruction and related activities of Poway High School. City shall have second priority use of the Rehearsal Space upon arrangement with the District.
k. District Use of the PCPA shall be expanded from 77 days to 88 days for rehearsals, performances, and events. One day is any District Use regardless of the length of time the PCPA is used. Use of the PCPA beyond 88 days is permitted if the PCPA is available. District will reimburse the City for additional days based on the City Master Fee Schedule.
I. District shall have access to the PCPA Monday through Friday during regularly scheduled school hours, excluding holidays, when the PCPA is not being used by City or a confirmed third party. The purpose shall be for educational instruction and no audience shall be permitted. City shall approve all District Use and locations within PCPA. District Use shall be fully supervised by District with no City or technical theater support. City shall be onsite to open and close the PCPA.
m. PCPA will be available for District Use in the summer for performing and visual arts camps hosted by the District. Summer camps shall take into consideration maintenance closures, City programs, and confirmed third party uses, and shall be scheduled in consultation with City staff. n. City shall provide opportunities for two (2) students per semester to participate in a theater internship program.
o. Except for emergency situations, City shall advise District, with not less than thirty (30) days' notice of the closure of PCPA due to damage, lack of sufficient heating or air conditioning of the PCPA, or the need for repairs or replacement of fixtures, furnishings, or equipment. To the extent that City has knowledge of future closures more than thirty (30) days in advance it shall provide such notice as soon as possible.
October 4, 2022, Item #6
Poway Center for the Performing Arts Joint-Use Agreement 2022
6. EQUIPMENT AND IMPROVEMENTS
a. City shall install, own, and operate all PCPA equipment and be responsible for preventative maintenance, repair, and replacement, and district shall share in the costs as identified in Exhibit A. b. District shall have the right to operate theater-related technical equipment as authorized by City, and under direct supervision of City personnel.
District shall be responsible for repair or replacement of any theater related technical equipment if any such equipment is damaged as a result of District's Use of the equipment.
c. Installation of equipment or improvements by City shall meet standards established in the California Education Code. Any work done on structural, life or fire safety, or ADA compliance issues must meet all Division of the State Architect (DSA) requirements, including DSA inspection requirements. Title to such equipment or improvements shall remain with the City.
7. BUILDING REPAIR AND MAINTENANCE
a. City and District shall share in the costs of building repair and maintenance as identified in Exhibit A.
b. City shall provide upkeep of all common areas and overs_ee all contract custodial services for the PCPA. City and District shall share the cost of the contract custodial services as set forth in Exhibit A. District shall provide custodial services for the Rehearsal Space, as set forth in Exhibit A.
c. District shall be responsible for all building repair and maintenance for the Rehearsal Space, as set forth in Exhibit A.
d. Except for normal wear and tear the District shall be solely responsible for the cost to repair damage done to the PCPA during approved District Use.
City shall be solely responsible for the cost to repair damage done to the PCPA during City Use or Third Party Use.
e. City shall approve of all storage of equipment and other materials by District, including all items within the Rehearsal Space. City shall conduct safety inspections of the Rehearsal Space and when directed, District shall, within thirty (30) days, adhere to requirements of the safety inspection. Routine repair and maintenance that impacts safety and/or program operations must be made within 21 days of notification or City retains the right to make the repair and directly bill District.
8. CAPITAL PROJECTS
8 of 18
a. In each year this Agreement is in effect, including the year of the Effective Date, City and District shall meet between October and December to review potential Capital Projects, their impact on budget development, and October 4, 2022, Item #6
Poway Center for the Performing Arts Joint-Use Agreement 2022
shall tentatively agree on which Capital Projects will commence in the following fiscal year. In March, each year the Parties will agree and finalize Capital Projects. For each Capital Project to which the Parties mutually agree, the Parties shall determine a projected design and construction cost, and each Party's portion of that projected cost shall be reflected in each Party's approved budget for the appropriate fiscal year(s). District shall share the cost of Capital Projects as set forth in Exhibit A. b. Each Party shall determine the appropriate representatives to participate in discussions regarding Capital Projects.
b. Each Party covenants that it shall not object to any Capital Project agreed upon in writing, and instead, expressly agrees that each Capital Project set forth therein is and will be necessary in the year indicated. c. For potential Capital Projects not agreed upon before the commencement of the fiscal year, the Parties agree that as part of their obligations under Section 8(a), each Party shall discuss such Capital Projects in good faith, and shall not unreasonably withhold its approval of a Capital Project that the other Party has determined is necessary.
d. During a Capital Project the City shall make partial payments to the contractor upon completion of a predefined stage of work established by the City and contractor. Upon completion of predefined stages of work the District shall reimburse the City for 35% of the cost within ninety (90) days of receipt of the invoice from the City requesting payment. Failure to make such payment constitutes a Default under Section 9 of this Agreement.
f. City shall manage Capital Projects and obtain applicable permits, including required permits from the Division of State Architect (DSA). Any structures to be constructed by City shall meet all standards required by the California Education Code and shall be constructed in accordance with the requirements of the DSA. City shall furnish to District all plans and specifications for approval by the District. District approval shall not be unreasonably withheld.
9. DEFAULT
9 of 18
In the event of a Default under this Agreement, as described in Section 8(d) and 12(i) of this Agreement, the Defaultee Party shall give written notice to the Defaulting Party that a Default has occurred, and the Defaulting Party will have thirty (30) days to cure that Default by making the required payment to the Defaultee Party. If the Default is not cured within thirty (30) days of this notice, the Defaulting Party shall owe an additional 10% on the amount owed, which will increase by an additional 2% each additional sixty days that the payment at issue remains unpaid.
October 4, 2022, Item #6
Poway
Center
for
the
Performing
Arts
Joint-Use
Agreement
2022
Page
7 10.
UTILITIES
a.
City
shall
provide
a
security
system
and
monitoring
service
for
the
PCPA.
The
Rehearsal
Space
shall
have
a
separate
arm/disarm
capability.
Access
to
the
PCPA
will
be
controlled
by
the
City,
except
within
the
Rehearsal
Space.
b.
District
shall
submit
a
quarterly
schedule
for
heating,
ventilation,
and
air
conditioning
(HVAC)
use
in
the
Rehearsal
Space
and
City
shall
be
responsible
for
programming
the
HVAC.
c.
The
City
and
District
shall
share
the
costs
associated
with
utilities
other
than
electricity
as
identified
in
Exhibit
A.
District
will
resume
sharing
the
cost
of
electricity
at
35%
when
the
estimated
twenty-five
(25)
year
life
of
the
photovoltaic
systems
concludes
on
March
20,
2042.
d.
City
shall
provide
telephone
services
for
City
operations.
The
City
and
District
shall
share
the
costs
as
identified
in
Exhibit
A.
District
shall
provide
telephone
services
for
the
Rehearsal
Space
and
District
shall
be
solely
responsible
for the
cost
of
telephone
services.
11. PARKING
AREAS
10 of
18 a.
District
agrees
to
make
parking
available
on
a
first-priority
basis
to
the
City
during
all
City-sponsored
events
at
the
PCPA.
The
first-priority
parking
is
located
in
the
parking
area
on
the
south
side
of
Titan
Way
.
b.
District
agrees
to
make
all
other
parking
areas
on
District
property
available
to
the
City
for
City-sponsored
events
at
the
PCPA
on
a
space
available
basis.
c.
District
agrees
that
29 spaces
in
the
District-owned
parking
area
immediately
adjacent
to
the
west
side
of
the
PCPA
will
be
available
for
the
exclusive
use
of
the
City,
as
shown
in
Exhibit
B.
City
is
responsible
for
parking
signage.
City
agrees
to
make
parking
spaces
in
this
area
available
for
use
by
Poway
High
School
upon
request
on
a
space-available
basis.
Partial
and
complete
blocks
of
the
parking
lot
will
occur
for performances
as
shown
in
Exhibit
B.
District
is
responsible
for
communicating
and
enforcing
the
City's
exclusive
use
of
the
parking
lot
with
District
students
and
parents
.
d.
City
agrees
that
the
City-owned
parking
lot
south
of
Titan
Way
will
be
available
for
District
Use
when
school
is
in
session
and
during
District
Use
of
the
PCPA
facility.
e.
Routine
maintenance
including
scheduled
sealing
and
striping
of
each
parking
lot
is
the
sole
responsibility
of
the
Party
owning
the
lot.
f.
District
has
granted
an
easement
to
the
City
to
allow
for
construction
and
maintenance
of
the
photovoltaic
system.
As
between
the
Parties,
funding
October 4, 2022, Item #6
Poway Center for the Performing Arts Joint-Use Agreement 2022
for the construction, permits, environmental, and Department of State Architect approvals, commissioning, interconnection, and maintenance for the system shall be the sole responsibility of City. During the operational life of the system, the City shall be responsible for all electrical charges at the PCPA and will also receive all bill credits generated by the photovoltaic system. If City decides to purchase the system, the terms of this Agreement shall be evaluated and may be modified by mutual written agreement between City and District.
12. COST SHARING, PAYMENTS, AND INCOME RETENTION
11 of 18
a. Beginning July 1, 2022, City and District shall share in the costs of labor, operations, maintenance, and Capital Projects as identified in Exhibit A.
City and District shall review use and cost sharing every 3 years or as requested by either Party and Exhibit A shall be adjusted as necessary. b. All payments and reimbursements for actual costs shall be billed and paid twice annually, and billing will be for the six (6) previous months of operation. District shall reimburse the City within ninety (90) days of receipt of the invoice from the City requesting payment. c. City and District each have the right to establish and retain admission charges and fees for events. Admission fees may be charged by either City or District and all monies charged and collected shall be and remain the sole property of the collecting entity.
d. City shall operate the PCPA box office at all times. District may utilize PCPA box office services or handle all tickets through District. e. City shall operate and retain all income from the PCPA concession at all times, including all pre-show, post-show, and intermission concessions and all food served in and around the PCPA.
f. Upon request, City may grant Poway High School permission to utilize the PCPA concession. All concession food and beverage items must be provided by Poway High School. Approval shall not be unreasonably withheld, and Poway High School shall retain all income associated with sale of food and beverages. Poway High School is responsible for following all applicable laws including, but not limited to, the County of San Diego Health Department.
g. All food, beverages, souvenirs, or other merchandise, whether for sale or given as complimentary, must be approved by City.
h. The annual increase in total labor, operations, and maintenance costs reimbursed by the District, exclusive of Capital Projects, shall not exceed seven and a half percent (7.5%). If total labor, operation, and maintenance costs exceed seven and a half percent (7.5%) City and District shall discuss such increases in good faith and shall not unreasonably withhold '
October 4, 2022, Item #6
Poway
Center
for
the
Performing
Arts
Joint-Use
Agreement
2022
Page
9 approval
of
justified
increases
in
costs
if
the
Parties
have
determined
costs
are
necessary
to
the
operation
of
the
PCPA.
i.
For
all
PCPA-related
costs
that
are
incurred
by
either
City
or
District
and
subject
to
reimbursement
as
identified
in
Exhibit
A
hereto,
each
Party
shall
reimburse
the
other
Party
within
ninety
(90)
days
of
receipt
of
the
invoice
from
that
Party
requesting
payment.
Failure
of
either
Party
to
make
such
payment
within
ninety
days
shall
be
a
Default,
as
that
term
is
used
in
Section
9 of
this
Agreement.
13.STAFFING
AND
SUPERVISION
a.
City
is
responsible
for
the
overall
management
and
operation
of
the
PCPA.
District
shall
supervise
all
activities
and
events
conducted
by
District
, however
City
shall
require
and
provide
adequate
personnel
to
ensure
safe
and
supervised
use
of
all
areas
and
equipment
within
the
PCPA.
The
final
decision
regarding
the
number
of
personnel
shall
be
determined
by
the
City
.
b.
District
shall
supervise
all
activities
and
events
conducted
by
District
in
the
Rehearsal
Space
.
City
shall
supervise
all
activities
and
events
conducted
by
City
in
the
Rehearsal
Space
.
c.
The
District
shall
be
solely
responsible
for
the
supervision
of
students
while
utilizing
the
PCPA
and
shall
provide
sufficient
adult
supervision
backstage
and
in
the
lobby
.
No
students
shall
be
allowed
inside
the
PCPA
during
District
Use
without
a
representative
from
the
District.
City
reserves
the
right
to
suspend
and/or
deny
future
use
if
sufficient
supervision
is
not
provided
at
all
times
during
District
Use.
14. LIQUOR
LICENSE
No
alcoholic
beverages
shall
be
sold
or
consumed
on
the
premises
during
District
Use.
15.EDUCATION
CODE
LIMITATIONS
In
the
use
of
the
facilities
subject
to
this
Agreement,
City
agrees
to
comply
with
all
of
the
requirements
of
the
Education
Code
of
the
State
of
California
setting
forth
the
limitations,
requirements,
and
restrictions
on
the
use
of
school
facilities
.
16.EMPLOYMENT
RELATIONSHIPS
AND
OBLIGATIONS
12 of
18 a.
For
facilities
subject
to
this
Agreement,
all
persons
employed
in
the
performance
of
services
and
functions
for
the
City
shall
be
deemed
City
employees
and
no
City
employee
shall
be
considered
as
an
employee
of
the
District
or
under
jurisdiction
of
the
District,
nor
shall
such
City
employees
have
any
District
pension,
civil
service,
or
other
status
while
an
employee
of
the
City
.
District
shall
not
be
responsible
for
the
payment
of
any
salary,
wage
or
other
compensation
to
any
City
personnel
performing
services
hereunder
for
the
City
.
City
shall
not
be
liable
for
compensation
October 4, 2022, Item #6
Poway Center for the Performing Arts Joint-Use Agreement 2022
or indemnity to any District employee for injury or sickness or wages arising out of his/her employment with the District.
b. For purposes of this Agreement, all persons employed in the performance of services and functions for the District shall be deemed District employees and no District employees have any City pension, civil service, or other status while an employee of the District. City shall not be responsible for the payment of any salary, wage or other compensation to any District personnel performing services hereunder for the District.
District shall not be liable for compensation or indemnity to_,any City employee for injury or sickness or wages arising out of his/her employment with City.
17. INDEMNITY AND HOLD HARMLESS
a. District shall hold harmless, defend, and indemnify City, members of its governing body, and its officers, employees, and agents from any and all losses, demands, damages (including costs and attorney's fees), or causes of action arising from injury to property or person which may arise from District use or sponsorship of the PCPA subject to this Agreement.
However, District shall not be obligated to hold harmless, defend, or indemnify City when the aforementioned claims arise from the City's negligence.
b. City shall hold harmless, defend, and indemnify, District, members of its governing body, and its officers, employees, and agents from any and all losses, demands, damages (including costs and attorney's fees), or causes of action arising from injury to property or person which may arise from City use or sponsorship of the PCPA subject to this Agreement.
However, City shall not be obligated to hold harmless, defend, or indemnify District when the aforementioned claims arise from the District's negligence.
18. INSURANCE
During the term of this Agreement, each Party shall obtain and maintain in full force and affect the following insurance coverages:
13 of 18
a. Workers' Compensation Insurance. Each Party shall provide full workers' compensation insurance in the amount necessary in connection with the performance of this Agreement for each Party to protect itself and its employees under the Workers' Compensation Act.
October 4, 2022, Item #6
Poway Center for the Performing Arts Joint-Use Agreement 2022
b. Liability Insurance. Each Party hereto shall carry property damage and public liability insurance either through commercial insurance or by an approved self-insurance or joint powers arrangement, in the minimum amount of $5,000,000 combined single limit and $6,000,000 annual aggregate and shall furnish proof thereof in the form of a certificate of insurance to the other Party within thirty (30) days of the effective date of this Agreement.
c. Certificate of Insurance. Each Party shall deliver within fifteen (15) days of the demand by the other Party, certificates of insurance or self insurance.
Endorsements shall be obtained so that each policy contains the following three provisions:
i. Additional Insured. "City of Poway and its elected and appointed boards, officers, agents and employees are additional insureds with respect to the joint use and contract with City.
ii. Cancellation. "Party agrees to oblige its insurance agent or broker and insurers to provide the City of Poway with a thirty (30) day notice of cancellation (except for nonpayment for which a a ten (10) day notice is required) or non renewal of coverage."
iii. Primary & Noncontributory Coverage. "This insurance is primary and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
a. The additional insured is a Named Insured under
such insurance; and
b. You have agreed in writing in a contract or agreement that this insurance would be primary and would not
seek contribution from any other insurance available
to the additional insured."
19.NOTICE
Notices or demands hereunder given or to be given by City or District to the other may be personally served upon City or District or any person hereafter authorized by either in writing to receive such notice or may be served by certified letter addressed to the appropriate address hereinafter set forth or to such other address as City and District may hereafter designate by written notice.
City of Poway
Director of Community Services
City of Poway
13325 Civic Center Drive
Poway, CA 92064
14 of 18
Poway Unified School District
Associate Superintendent,
Business support Services
Poway Unified School District
15250 Avenue of Science
San Diego, CA 92128
October 4, 2022, Item #6
Poway
Center
for
the
Performing
Arts
Joint-Use
Agreement
2022
Page
12 20.AMENDMENT
The
provisions
of
this
Agreement
may
be
amended
or
modified
only
by
mutual
consent
and
written
agreement
of
the
respective
Parties
.
21. DISPUTE
RESOLUTION
In
the
event
of
any
dispute
or
difference
arising
from
this
Agreement
or
from
the
use
or
proposed
use
of
the
facility,
then,
in
this
event,
said
dispute
or
difference
should
be
settled
and
arbitrated
jointly
by
the
City
Manager
and
Superintendent
or
respective
designee.
If
the
dispute
is
not
resolved,
the
Parties
retain
all
rights
to
bring
an
action
interpreting
or
enforcing
this
Agreement
in
a
court
of
competent
jurisdiction.
22. INVALIDITY The
invalidity
of
any
provision
of
this
Agreement
as
determined
by
a
court
of
competent
jurisdiction,
shall
in
no
way
affect
the
validity
of
any
other
provision
hereof.
23. BINDING
EFFECT
This
Agreement
shall
inure
to
the
benefit
of
and
shall
be
binding
upon
City
and
District
and
their
respective
successors
and
assigns.
IN
WITNESS
WHEREOF,
the
City
and
District
have
signed
this
Agreement
in
Poway,
California
.
City
of
Poway
Chris
Hazeltine
City
Manager
ATTEST: Carrie
Gallagher
City
Clerk
APPROVED
AS
TO
FORM:
Alan
Fenstermacher
City
Attorney
15 of
18 Poway
Unified
School
District
Marian
Kim-Phelps,
Ed.D.
Superintendent ATTEST: Darshana
Patel
Clerk
of
the
Board
October 4, 2022, Item #6
Poway
Center
for
the
Performing
Arts
Joint-Use
Agreement
2022
Page
13 Exhibit
A:
Cost-Sharing
Formula
Exhibit
B:
Parking
Spaces
Dedicated
for
City
Use
16 of
18 October 4, 2022, Item #6
Exhibit
A
Cost-Sharing
Formula
Based
on
District's
utilization
of
the
PCPA,
per
the
Agreement,
District's
portion
of
the
cost
sharing
formula
is
35%
of
the
PCPA
operating
budget,
excluding
electricity
costs,
auto
and
cell
phone
allowance
for
the
manager,
concession
operations,
ticket
printing,
and
ticket
handling
. District's
portion
of
cost-sharing
includes,
but
is
not
limited
to
labor,
gas,
utilities,
contractual
services,
janitorial
services,
landscape
maintenance,
equipment
maintenance,
repair,
and
replacement,
building
repair
and
maintenance,
and
operating
supplies.
District's
s portion
of
the
Capital
Projects
cost-sharing
formula
is
35%.
The
City
and
District
shall
meet
between
October
and
December
to
review
potential
Capital
Projects,
their
impact
on
budget
development,
and
shall
tentatively
agree
on
which
Capital
Projects
will
commence
in
the
following
fiscal
year.
In
March,
each
year
the
Parties
will
agree
and
finalize
Capital
Projects.
In
exchange
for
allowing
the
City
to
use
District's
parking
area
for
installation
of
a
photovoltaic
system,
District
cost-share
of
the
PCPA
electrical
charges
is
reduced
to
zero
from
initial
operation
of
the
system
through
end
of
life
of
the
photovoltaic
system,
which
is
March
20,
2042.
District
shall
be
solely
responsible
for
the
cost
of
building
repair
and
maintenance,
telephone
services
and
custodial
services
for
the
Rehearsal
Space.
Per
the
adopted
FY22-23
budget,
District's
share
of
the
costs
is
$356,000.
Invoices
will
reflect
actual
expenses
. The
annual
increase
in
total
operations
and
maintenance
costs
reimbursed
by
the
District,
exclusive
of
Capital
Projects,
shall
not
exceed
7.5%
year
over
year.
17 of
18 October 4, 2022, Item #6
Exhibit 8
Parking Spaces Dedicated for City Use
The parking spaces highlighted in red below are reserved for City as described in Section 11 (c) of the Agreement.
In addition to the spaces reserved for City Use, partial and complete blocks of the PCPA parking lot will occur as follows:
1. Partial parking lot block for daytime performances shall occur 20 times per year. District shall have access to four (4) parking spaces for Poway High School special education drop-off.
2. Full parking lot block for evening performances shall occur 15 times per year. 18 of 18