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HomeMy WebLinkAboutrda min 2001/05/08 CC MINUTES OF ADJOURNED REGULAR MEET1NGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA May 8, 2001 6:00 p.m. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 7:34 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Agency/Councilmembers Davis, Padilla, Rindone, Salas and Chair/Mayor Horton ABSENT: Agency/Councilmembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Kaheny, and City Clerk Bigelow CONSENT CALENDAR 1. APPROVAL OF M1NUTES Staff recommendation: The Redevelopment Agency/City Council approve the minutes of the Regular Meetings of the Redevelopment Agency and Adjourned Regular Meetings of the City Council held April 24 and May 1, 2001. ACTION: Chair/Mayor Horton moved to approve staff's recommendation and offered the Consent Calendar, heading read, text waived. The motion carded 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 2. JOINT REDEVELOPMENT AGENCY/CITY COUNCIL PUBLIC HEARING: TO CONSIDER ADOPTION OF AN URGENCY ORDiNANCE AND A NEW ORDiNANCE TO PROHIBIT THE ESTABLISHMENT OR EXPANSION OF OUTDOOR STORAGE USES; AND TOLLING THE OPERATION OF EXIST1NG OUTDOOR STORAGE USES WITHIN THE REDEVELOPMENT PROJECT AREAS (Community Development Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Chair/Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response. ACTION: Chair/Mayor Horton moved to continue the hearing to May 29, 2001. The motion carded 5-0. PUBLIC HEARINGS (Continued) 3. a. CONSIDERATION OF AN EXTENSION OF AN EXISTING SPECIAL USE PERMIT FOR THE CONTINUATION OF AN AUTO DISMANTLING AND RECYCLING BUSINESS AT 800-834 AND 825 ENERGY WAY Ecology Auto Wrecking has requested the continuation of an existing Conditional Use Permit for automotive dismantling and the sale of auto parts, and scrap metal collection, compaction, cutting, shredding in preparation for the scrap market, and other related uses. The Agency approved a 13-year extension on 12/8/92, which moved the expiration date of the permit until 2005. On 11/10/00, staff received an application for an extension of the permit until 2025. The Planning and Environmental Manager for the Community Development Department has determined that no new environmental impacts that have not been previously addressed will occur and that the project is consistent with the previous environmental review. (Community Development Director) (Continued from the meeting of 5/1/01). Planning and Environmental Manager Hunter presented the applicant's request to extend the permit and commented on the applicant's quality business operation, compliance with the terms of the existing permit for over 25 years, and the value of the company's service to the community and the region. Community Development Director Salomone stated that the Planning Commission unanimously opposed the extension of the permit, questioning staff's recommendation to approve the use when the permit for the proposed batch plant was denied. Mr. Salomone explained that the request by Ecology Auto Wrecking differs in that it has existed since 1973, without complaint, whereas the batch plant brought a new use to the City and one that already existed at another location that had a number of environmental impacts associated with it. In addition, the recommendation to approve Ecology's permit took into consideration the fact that the landfill adjacent to the site has a life of approximately 23 more years and should extend well beyond the life of this permit. The landfill presents major restraints to the developability of the land and the land use at the subject site. Kevin O'Neill, Planning Commissioner, spoke in opposition to the extension of the special use permit, explaining that he believed the City would be acting prematurely since there was no urgency to extend the permit at this point, and that approval of the permit may cost the City later by limiting its options for the future. Joe Botkin, representing Ecology Auto Wrecking, stated that the applicant required some reassurance that he could remain at the location long enough to justify the purchase of additional property and to make capital investments to upgrade and maintain the property. Mr. Botkin explained that the applicant has a good compliance record and has a community-involved organization that also provides a substantial revenue stream for the City by way of property and sales taxes. He believed that Ecology Auto Wrecking was an appropriate use of the site, and he encouraged Council to approve staff's recommendation. Page 2 CC/RDA Minutes 05/08/2001 PUBLIC HEARINGS (Continued) Joe Kellejian, owner of Ecology Auto Wrecking, explained some of the benefits of Ecology's presence in Chula Vista, including assistance with the City's oil recycling program; provision of local scholarships; and the supply of vehicles to the Chula Vista Fire Department for jaws-of-life training. Bob Marinaccio, representing The Crime Victims Fund, explained that Joe Kellejian was instrumental in administering the "Cars for Victims" and the "Domestic Violence Independent Living Fund" programs that provide long-term support to abuse victims. Mr. Marinaccio stated that the work that Ecology Auto Wrecking does in the community should be taken into consideration by Council in its evaluation of the request. Pete Flores, representing the R.J. Donovan Correctional Facility, spoke in support of staff's recommendation, explaining that vehicles bought by Ecology Auto Wrecking are taken to the correctional facility where prison inmates repair and rebuild the vehicles as part of a rehabilitation program. With no further members of the public wishing to speak, Chair/Mayor Horton closed the Public Heating. Agency/Councilmember Padilla asked Mr. Botkin whether or not Ecology Auto Wrecking would have the ability to re-negotiate leases on the adjacent properties or obtain financing should its request for a 16-year permit extension be denied. Mr. Botkin replied that Ecology Auto Wrecking has established a conceptual agreement with the property owner to purchase the property, which would be a commitment to maintain its operations in Chula Vista for the future. He explained that the reason for requesting the length of term was driven by business considerations and being unable to ascertain how long the opportunity to purchase the property would be presented to them. Agency/Councilmember Padilla asked staff what the overriding public policy consideration would be for the Redevelopment Agency to extend the permit now for a 16-year period of time, four years before the permit expires. Mr. Salomone responded that the basis of the Redevelopment Agency's decision was to make qualitative evaluations to select auto dealers over other types of uses, simply because they sell more cars and generate more sales tax. He added that the applicant has been an exceptional dealer in the community. Chair/Mayor Horton spoke in favor of staff's recommendation and also stated that Ecology Auto Wrecking has been a role model for the industry. Agency/Councilmember Davis stated that, in spite of the City's intention to update its General Development Plan, businesses should not be put on hold, and she believed that there was an urgency to approve the permit extension. She added that what Ecology Auto Wrecking does for recycling and its contribution to the community are things about which the City should be very proud. Page 3 CC/RDA Minutes 05/08/2001 PUBLIC HEAR1NGS (Continued) - Agency/Councilmember Salas spoke in support of staff's recommendation, stating that she visited Ecology Auto Wrecking and was satisfied that the company was using the best possible practices for this type of industry. She also commented on the adjacent landfill facility and its negative effect on attracting other types of uses, such as office buildings or light industrial facilities. She explained that granting an extension to the applicant could be done without having to do the same for the surrounding businesses, since the other businesses have had a history of code violations and do not compare with Ecology Auto Wrecking. She also stated that it would not be good public policy to deny the extension and jeopardize the jobs of 200 employees. Agency/Councilmember Rindone asked how the other 13 auto wreckers would react if the extension were granted to Ecology Auto Wrecking and also expressed concern regarding the Planning Commission's unanimous opposition to the special use permit. He stated that the long- term impacts need to be considered. Agency/Councilmember Padilla stated that the issue was not whether to retain Ecology Auto Wrecking in Chula Vista but rather about retaining the City's options for the future and making good public policy, decisions. He reminded Council of the City's undertaking of a General Development Plan for that area and the need to retain the flexibility to make decisions as times change. He did not believe that it was necessary to limit the City's options or to extend the permit at this time. ACTION: Chair/Mayor Horton moved to approve staff's recommendation and offered Redevelopment Agency Resolution No. AR 1726, heading read, text waived: AGENCY RESOLUTION NO. 1726, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE EXTENSION OF THE SPECIAL USE PERMIT SUPO-01- 01 UNTIL DECEMBER 31, 2017 FOR ECOLOGY AUTO WRECKING LOCATED AT 800-834 AND 825 ENERGY WAY AND DIRECTING STAFF TO PROCEED WITH AN EVALUATION OF THE POTENTIAL FOR ALTERNATE USES FOR PROPERTIES NOW HOUS1NG AUTO WRECKERS AND RECYCLERS PER THE DIRECTION OF THE ADOPTED FIVE YEAR IMPLEMENTATION PLAN FOR THE OTAY VALLEY ROAD REDEVELOPMENT PLAN The motion carried 4-1 with Agency/Councilmember Padilla voting no. OTHER BUS1NESS 4. EXECUTIVE DIRECTOR'S REPORTS There were none. 5. CHAIR/MAYOR REPORT(S) There were none. 6. AGENCY/COUNCIL COMMENTS _ There were none. Page 4 CC/RDA Minutes 05/08/2001 CLOSED SESSION 7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 a. Property: Assessor Parcel Nos. 568-270-2200; 760-106-9205 (31,673 sq. ft. at 320 Third Avenue) Negotiating Parties: Redevelopment Agency (Chris Salomone) and CinemarStar/Tfigild (Bill Huffman) Under Negotiations: Price and terms for acquisition No action was taken. b. Property: Assessor Parcel No. 568-270-10 (315 Fourth Avenue) Negotiating Parties: City Council (Sid Morris/Chris Salomone) Under Negotiations: Lease terms No action was taken. 8. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION -- Pursuant to Govermnent Code Section 54956.9(a) Agency vs. Rados Bros. [Case No. GIC734557-1 ] No action was taken. ADJOURNMENT At 9:55 p.m., Chair/Mayor Horton adjourned the meeting to the Regular Meeting of the Redevelopment Agency on May 8, 2001 at 6:00 p.m., immediately following the City Council meeting.. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 5 CC/RDA Minutes 05/08/2001