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.
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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
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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
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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
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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
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30171lLBowEcklijl
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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
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