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