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Item 15 - Initiation of SPA 84-012 Bill Silva Presents Cl-ry OF POWAY REVISED AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man~ Stephen M. Eckis, City Attorney DATE: July 11, 1995 SUBJECT: Initiation of South Poway Plan Amendment (SPA 84-01Z) Concerning the Proposed Poway Entertainment Center Project: Bill Silva Presents BACKGROUND In order to amend the South Poway Specific Plan, the City Council has used a two- step practice. The initiation of a plan amendment public hearing through the adoption of a resolution is approved by the City Council. At a subsequent meetin9, a public hearing with appropriate environmental review is conducted to consider the amendment on its merits. With respect to South Poway Plan Amendment (SPA 84-0IZ) concerning the proposed Poway Entertainment Center, it is essential that the prerequisite environmental impact report be completed before this matter is considered at a public hearing. FINDINGS At this time, significant work remains to finalize the Environmental Impact Report for the Poway Entertainment Center. This work, estimated to cost SI2- 15,000, is needed to complete the responses to the voluminous comments on the EIR. City staff cannot expend City funds for the purpose of completing a privately initiated project. On July 5, 1995, a letter was received from the attorney representing Bill Silva Presents (Attachment A). The letter includes the following statement with respect to completion of the EIR: "Should this project go forward for hearing on the 18th, it will be without a completed environmental impact report, without documentation for necessary variances, and without final stage architecture... .Additionally, because of the issues set forth above, we cannot authorize any additional expenditures on processing at this time. " Without the completion of the EIR, there is no reason to initiate this amendment to the South Poway Specific Plan. Consequently, on July 18, 1995, the most appropriate action would be for the City Council to consider taking the entire Poway Entertainment Center project off calendar. 1 of 6 JlIL 111995 ITEM 15 I Agenda Report - (SPA 84-01Z) July 11, 1995 Page 2 However, in order that the amphitheater issue not be left in an "open-ended" state, there should be scheduled a public hearing with respect to at least the issue of whether or not an outdoor amphitheater should be a permitted use within the South Poway Specific Plan. RECOMMENDATION It is recommended that the City Council take the following actions: 1. Adopt the attached resolution initiating an amendment to the South Poway Specific Plan (SPA 84-0IAA) to consider whether an outdoor amphitheater should be a prohibited or permitted use. It is suggested that this hearing be set for September 12, 1995. 2. Staff be directed to complete the necessary environmental review sufficient to permit the City Council to determine whether an outdoor amphitheater should be a prohibited or permitted land use anywhere within the South Poway Specific Plan. JLB:eb Attachments: A - Letter from Sullivan Cummins Wertz McDade & Wallace B - Resolution 2 of 6 JUl 111995 ITEM 15 - -. Sullivan Cummins Wertz McDade & Wallace A "'~Of"ESS'ON"''- CO"PO"''''TION KEVIN A. CAHIL.L. LAWYERS SCOTT C. CUMMINS GEORGI: BURKE HIN....AN 945 FOURTH ,ol,VENUE oJ, MICH"EL. KUSHlA SAN OlE GO, CALIFORNIA 92101 oJ. MICMAEL. MCOAOE JOHN S. MOOT TEL.EPHONE (619) 233.1888 ELAINE A. ROGERS ""RAY..I. SCHUL.TZ FACSIMIL.E (619) 696.9476 L.EO SUL.L.IVAN BRUCE R. WALL.ACE July 5, 1995 ,JANE A. KUETI-IE .JOH N ROSS WERTZ AOMINISTRATOR 01" COUNSEL .JO$EPIoI H. CUMMINS MARSHAL.L.L..I"OREMAN EVAN S. RAVICH VIA FACSIMILE AND U.S. MAIL RECEIVED James L. Bowersox, City Manager City of Poway JUL - 6 1995 13325 Civic Center Drive Poway, CA 92064 CITY OF POWAY Stephen M. Eckis, City Attorney CITY MANAGERS OFFICE City of Poway 13325 Civic Center Drive Poway, CA 92064 Re: POWAY AMPHITHEATER Dear Messrs. Bowersox and Eckis: I am writing you as attorney for Bill Silva Presents, the proponent of the Poway amphitheater. On June 26, 1995, a letter was delivered to you by my client requesting a postponement of the July 18 City Council hearing regarding approvals for this project. In the letter, my client outlined their attempts to address all concerns raised with respect to the Environmental Impact Report, and also indicated that the project had exceeded all budgetary expectations. Additional time was requested to further refine design of the project, to deal with fmancial issues, and to provide further technical information to answer environmental questions raised by Poway residents. This was the first continuance requested by the applicant. I am sure that you are aware that in virtually every jurisdiction such a request would be routinely granted, particularly in view of the significant issues yet to be resolved in order to make a hearing meaningful. 301711LBowEcklijl Attachment A 3 of 6 JUL 11 1995 ITEM 15 I James L. Bowersox Stephen M. Eclris July 5, 1995 Page 2 In addition to my client's communication, on the same date your office was notified by CottonlBeland/ Associates, your E.I.R. consultant, that they could not respond to the voluminous comments to the draft E.I.R. without adding additional charges to their cost estimate. They indicated that the draft E.I.R. could not be ready for the July 18 City Council meeting unless additional authorization for these expenditures was received by June 27. That authorization was not delivered. In view of the above communications, my clients were shocked and dismayed to learn that your City Council, over objections from your City Attorney, voted on June 27 to deny the continuance request, and to insist that this matter be heard on July 18. This highly irregular vote was taken on an alleged emergency basis without notice to my clients, and without notice to the public at large. I believe that this action, if sustained, is a clear violation of my client's right to due process of law, and clearly indicates a mind set on the part of the prevailing councilmembers to deny this project a fair hearing. Bill Silva Presents has brought this project forward in your community in good faith, and with total openness to the community. While it has been controversial, there are substantial numbers of supporters as well as opponents. Bill Silva has repeatedly assured public forums that this project will not go forward unless the environmental concerns of Poway residents can be adequately addressed. In an effort to do so, over $700,000 has been spent to date on studies, consultants, and City processing fees. To rush this project forward to judgment without allowing adequate time to analyze and address important issues is a disservice to the citizens of Poway, and a breach of the understanding of good faith and fair dealing under which we submitted this project. Should this project go forward for hearing on the 18th, it will be without a completed environmental impact report, without documentation for necessary variances, and without final stage architecture. In short, there will be nothing substantive to hear on that date. Additionally, because of the issues set forth above, we cannot authorize any additional expenditures on processing at this time. In view of the above facts, I would strongly urge you to discuss this matter in detail with your Council as soon as possible, reminding them of what appear to be violations of due process and my client's civil rights. More importantly, I would hope that they would be advised that treating people who come forward in good faith in this manner is not good for 301711 LBowEckJijl 4 of 6 JUL 11 1995 ITEM 15 - James L. Bowersox Stephen M. Edris July 5, 1995 Page 3 the City of Poway and may have a chilling affect on any future businesses that might consider locating in the City. We ask once again that this matter be removed from the 18th agenda and set at the next appropriate time in the month of September. Very truly yours, ).0J. JJtPk f J. Michael McDade of SULLIVAN CUMMINS WERTZ McDADE & WALLACE A Professional Corporation cc: Bill Silva .- 30171lLBowEcklijl 5 of 6 JUL 11 1995 ITEM 15 -- --------------..- ---..---...---- RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA INITIATING AN AMENDMENT TO THE SOUTH POWAY SPECIFIC PLAN, SPECIFIC PLAN AMENDMENT (SPA 84-0IAA) WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development Code) of the Poway Municipal Code provides the requirements for the initiation, preparation and adoption of specific plans in accordance with Section 65450, et seq. of the California Government Code (Article 8, Specific Pl an); and WHEREAS, Section I7.47.020.C (Initiation) of the Zoning Development Code provides that the City Council may initiate the preparation of, or amendment to, a specific plan on property by resolution; and WHEREAS, a need exists to clarify the list of South Poway Specific Plan land use categories with respect to whether an outdoor amphitheater should be a prohibited or permitted use; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Poway hereby initiates proposed Specific Plan Amendment (SPA 84-0IAA) in accordance with the provisions of the Poway Zoning Development Code as identified above, and said amendment shall be set for public hearing on September 12, 1995. APPROVED and ADOPTED by the City Council of the City of Poway, California, this 11th day of July, 1995. Don Higginson, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk eb:\reso.spa Attachment B 6 of 6 JUl 111995 ITEM 15 -