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HomeMy WebLinkAboutcc min 1992/12/08 RDA MINLrrES OF A SPECIAL JOINT MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Tuesday, December 8, 1992 Council Chambers 11:40 p.m. Public Services Building CALL TO ORDER 1. ROLl. CALL: PRESENT: Councilmembers/Members Fox, Horton, Moore, Rindone, and Mayor/Chairman Nader ALSO PRESENT: John D. Goss, City Manager/Director; Bruce M. Boogaard, City/Agency Attorney; and Beverly A. Authelet, City Clerk 2. APPROVAL OF MINUTES: November 10, 1992 - No action taken. CONSENT GALFaX~AR None submitted. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND R~RI.ATED RESOLUTIONS AND ORDINANCES Items 3A and 3B do not require a public hearing; however they are related items and need to be considered, deliberated and acted upon prior to the public hearing. 3.A. AGENCY RESOLUTION 1290 APPROVING THE SETTLEMENT AGRRt~MENT BETWEEN THE CITY, AGENCY AND VARIOUS PARC. Iq.I. OWNERS WITHIN THE OTAY VAI.I.I~?/ROAD ~NIDENING ASSESSMENT DISTRICT, AD 90-2, AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAME ON BEHALF OF THE REDEVELOPMENT AGENCY, AND APPROPRIATING FUNDS THEREFORE - On 6/23/92, Council formed Assessment District No. 90-2 for the purpose of financing in part the widening of a portion of Otay Valley Road. Owners of six properties within the Assessment District contested the environmental review. The City Attorney's Office and staff have negotiated a Settlement Agreement. Staff recommends approval of the resolution. 4/Sth's vote required. B. COUNCIL RESOLUTION 16924 APPROVING THE SETTLEMENT AGREEMENT BETWEEN THE CITY, AGENCY, AND VARIOUS PARCEL OWNERS WITHIN THE OTAY VAI.I.RY ROAD WIDENING ASSESSMENT DISTRICT, AD 90-2, AND AUTHOPdZING THE MAYOR TO EXECLrrE SAME ON BEHALF OF THE CITY OF CHULA VISTA, AND APPROPRIATING FUNDS THEREFORE - One 6/23/92, Council formed Assessment District No. 90-2 for the purpose of financing in part the widening of a portion of Otay Valley Road. Owners of six properties within the Assessment District contested the environmental review. The City Attorney's Office and staff have negotiated a Settlement Agreement. Staff recommends approval of the resolution. Agency Attorney Boogaard informed the Agency that Items 3 and 4 should be heard concurrently. Minutes~ December 8, 1992 Page 2 4.A. PUBLIC HEARING CONSIDERATION OF A REQIJEST FROM FJ Wit .! .~RT CONTRACTING FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR THE STORAGE, MAINTF2~IANCE, AND REPAIR OF HEAVY EQUIPMENT AT 855 ENERGY WAY, LOT NUMBER 14, CHULA VISTA, CALIFORNIA; PARCEl. BEING LOCATED IN THE OTAY VAI1.EY ROAD PROJECT AREA - The land uses on subject parcel was authorized by Conditional Use Permit PCC-73-27 in 1973 as part of the Otay Industrial Park; said Permit expired in 1986. Under the Otay Valley Road Redevelopment Plan formed in 1983, allowed land uses for this area is Limited Industrial/Research. In order to allow these special land uses, a Special Permit is required. Staff recommends approval of the resolution. RESOLUTION 1287 MAKING CERTAIN FINDINGS AND APPROVING SPECIAL PERMIT TO FJ WiI.I .ERT CONTRACTING FOR CERTAIN DESIGNATED HEAVY EQIJIPMENT AND GENERAL CONTRACTING USES AT 855 ENERGY WAY, LOT NUMBER 14, CHULA VISTA, CALIFORNIA; PARCEl. BEING LOCATED WiTHIN THE OTAY VAI.I.EY ROAD PROJECT AREA B. PUBLIC HEARING CONSIDERATION OF A REQUEST FROM A TO Z ENTERPRISES FOP. THE PURPOSE OF ESTABLISHING A BUSINESS FOR THE IMPOUNDING, STORAGE, DISMANTLING OF AUTOMOBILES, AND THE LIEN SALE OF MOTOR VEHICI.KS AT 850 ENERGY WAY, LOT NUMBER 20, CHULA VISTA, CALIFORNIA; PARCEL BEING LOCATED IN THE OTAY VAI.I.EY ROAD PROJECT AREA - The land uses on subject parcel was authorized by Conditional Use Permit PCC-73-27 in 1973 as part of the Otay Industrial Park; said Permit expired in 1986. Under the Otay Valley Road Redevelopment Plan formed in 1983, allowed land uses for this area is Limited Industrial/Research. In order to allow these special land uses, a Special Permit is required. Staff recommends approval of the resolution. RESOLUTION 1288 MAKING CERTAIN FINDINGS AND APPROVING SPECIAL PERMIT TO A TO ~; ENTERPRISES FOR CERTAIN DESIGNATED AL1TO USES, IMPOUNDING, STORAGE AND DISMANTLING, AT 850 ENERGY WAY, LOT NUMBER 20, CITULA VISTA, CALIFORNIA; PARCEL BEING LOCATED WiTHIN THE OTAY VAI.t.EY ROAD PROJECT AREA C. PUBLIC HEARING CONSIDERATION OF A REQUEST FROM ECOLOGY ALrrO WRECKING FOR THE PURPOSE OF ESTABLISHING AN AUTO WRECKING BUSINESS AT 82S ENERGY WAY, LOTS NUMBER 12, 13, 21, AND 22, CI-IIJLA VISTA, CALIFORNIA; ALL PARCELS BEING LOCATED IN THE OTAY VAIJ.I~r ROAD PROJECT AREA - The land uses on subject parcel was authorized by Conditional Use Permit PCC-73- 27 in 1973 as part of the Otay Industrial Park; said Permit expired in 1986. Under the Otay Valley Road Redevelopment Plan formed in 1983, allowed land uses for this area is Limited Industrial/Research. In order to allow these special land uses, a Special Permit is required. Staff recommends approval of the resolution. RESOLUTION 1289 MAKING CERTAIN FINDINGS AND APPROVING SPECIAL PERMIT TO ECOLOGY AUTO WRECKING FOR CERTAIN DESIGNATED AUTO WRECKING USES AT 825 AND 820-834 ENERGY WAY, LOTS NUMBER 12, 13, 21, AND 22, CHULA VISTA, CA[,[FORNIA; ALL PARCELS BEING LOCATED WiTHIN THE OTAY VAI.I.~ ROAD PROJECT AREA Fred Kassman, Redevelopment Coordinator, stated that A to Z Enterprises was requesting a special permit for the auction of lien sale of automobiles. The special permit was conditioned on a change in the City's zoning ordinance to allow the lien sale of impounded vehicles. If the zoning change was not made in the future that portion of their operation would have to cease. The applicants were concerned that in the process of submitting development plans to the City they may be required to do things that were far beyond their conceptual plans. They requested that a paragraph be read into the minutes which indicated: "If the Council approved the special permit, it would do so with the understanding that the improvements to the property to be made would entail items listed on the statement presented to the Council and that those items ~ere approved as part of the conceptual plans that were approved by the Planning Department and the Otay V'alley Road Project Area Committee, and that concerning the submission of development plans and related Minutes December 8, 1992 Page 3 documents in the future to carry out the conceptual plans, as required by the settlement agreement, the applicants would not be required to substantially deviate from the conceptual plans that were previously submitted, reviewed, and recommended for approval". Councilman/Member Fox questioned what the justification was for the statement that the City's security would not be jeopardized on a commercial piece of property. City/Agency Attomey Boogaard responded it was a provision that had been negotiated into the agreement. At the time the subordination was requested the Agency did suffer the risk of market value slide after that dare. Before subordination the Agency should be able to determine the extent of the value that would represent the 80% figure. This being the time and place as advertised, all public hearings were declared open. City/Agency Attorney Boogaard requested that Council affirm the following: "The agreement did not require the Council to grant the special permit but if they did not do so under a certain set of conditions the benefits of the agreement would not come to fruition. The conditions that cause the condition precedents to be met are that the three special permits would be granted on conditions no more onerous than those listed. The ones in the contract had a certain amount of discretion that the Council could exercise in determining if they were met and it was hoped by the Applicants to have ironed out all of the planned requirements that would need to be made to improve the three various businesses. That hadn't occurred yet and they wanted the Council to generally agree that the special permits would be approved with the understanding that the improvements ro the properties would entail those as conceptually approved by the City's Planning Commission and Otay Valley Road Project Area Committee". Frank Herrera, Associate Planner, stated the improvements had been approved by the Planning Commission and Otay Valley Road Project Area Committee. City/Agency Attorney Boogaard stated the plans and related documents, as required by the settlement agreement, should not be required to substantially deviate from the following required improvements: J.J. Willert property; 855 Energy Way: 1) repair and maintain existing front screening fences, 2) install and repair street front landscaping, 3) install and maintain new screening and decorative landscaping at entry, and 4) identify existing off-street parking areas (striping, etc.). Ecology properties: 825 and 830-834 Energy Way: 1) repair and maintain existing front screening fences, 2) repair and maintain existing street front landscaping, 3) install and maintain screening plant material along westerly and southerly perimeters, and 4) install and maintain additional decorative landscaping at entries. A to Z Enterprises: 850 Energy Way: 1) repair and maintain existing front screening fences, 2) repair and maintain existing street front landscaping, 3) dedicate additional off-street parking areas raising the number of parking spaces from eleven to approximately fifty-seven, and 4) install and maintain decorative landscaping at entry. William Schwartz, 401 B Street, San Diego, CA, attorney representing the applicants, informed the Agency that the conditions were acceptable. Councilman/Member Rindone referred to page 3-6 and questioned why there would be no interest. City/Agency Attorney Boogaard responded that it was a negotiated point, the applicant would not agree to an interest component. The concept of the agreement was that there would be a reduction in the assessment with the applicant agreeing to pay the higher assessment at such point in time as the redevelopment of the property may produce a higher utility for them. Until that occurred they did not want the assessment imposed. The present value was recognizably lower to the City because of the lack of interest which was reflected in the economic impact. Minute's December 8, 1992 Page 4 Mr. Schwartz stated he supported the staff recommendation to approve the special permits with the modifications and settlement agreement. Joe Botkin, 2827 Adams Avenue, San Diego, CA, consultant for the applicant, supported the staff recommendations. There being no further public testimony, the public hearings were closed. RESOLUTIONS 1290 AND 16924 OI.-I, KRED BY MEMBER/COUNCILMAN MOORE, reading of the text was waived, passed and approved unanimously. City/Agency Attorney Boogaard stated Resolution 1288, Section 2, last sentence of the paragraph, should be araended to insert 'located, the lien sale of impounded vehicles". RESOLUTIONS 1287, 1288 (AS AMENDED), AND 1289 OFFERED BY CHAIRMAN/MAYOR NADER, reading of the text was waived. Mayor/Chairman Nader stated that upon advise of the City/Agency Attorney he would reopen the public hearings in case anyone wanted to make additional comments on Item 4. Mr. Schwartz stated he wanted to ensure that the action included the information and points incorporated into the record by the City/Agency Attorney. ~ayor/Chairman Nader stated his intent was to offer the resolutions, as amended by the City/Agency .~ttorney. City/Agency Attorney Boogaard stated Mr. Schwartz was requesting the Council/Agency to approve the submitted plans with the designated improvements and that the Council would not thereafter cause a greater amount of designated improvements on the plans when they came back to the City for approval. Mayor/Chairman Nader requested that the handout by the City/Agency Attorney be designated as ~Exhibit A" and be incorporated into the record and included in the motion. There being no further public testimony, the public hearings were declared closed. VOTE ON MOTION: approved unanimously. City/Agency Attorney Boogaard confirmed that the resolutions had the provision to waive the right of reconsideration that the Council may have. In his opinion, all conditions precedent to the operative provisions of the agreement had occurred and that the agreement was in full force and effect. ORAL COMMUNICATIONS None ACTION ITEMS None submitted. Minutes December 8, 1992 Page 5 ITEMS pUIJ.RI~ I~ROM THE CONSENT CALENDAR The minutes will reflect the published agenda order. OTHER BUSINESS 5. C1'1¥ MANAGER'S/DIRECTOR'S REPORT(S) - None 6. MAYOR'S/CHAIRMAN'S REPORT(S) - None 7. COLINCIL/MFaMB~' COMMFaNTS - None ADJOURNMENT ADJOURNMENT AT 12:05 A.M. to a Special Redevelopment Agency Meeting on Tuesday, December 15, 1992, immediately following the City Council Meeting in the City Council Chambers. P~espectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki C. Soderquist, Deputy City Clerk