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HomeMy WebLinkAbout2009/01/27 Additional Information JAN-22-2009 THU 03:31 PM JDT&P IRVINE see FAX NO, 9497520597 P, 01 l/ddJ .;; onJ I r)"rvrrn.::d-crm , . 1-I-e-1''n rr Jackson I DeMarco I Tidus Peckenpaugh 2030 Main Street, Suite 1200 Irvine, California 92614 tel 949.752.8585 fax 949.752.0597 www.jdtplaw.com C) ("") ~ -- --4,--4 -<-< :::0 (":')0 ,~ fT1 r- "T1 ~ () m("") :z :::O:J:: N fi1 :::-:;c N - V)r- < oJ> v III -,,< w CJ -q-- ---V) C)--.;' Ui r >..~l ~t-..:'!:~ 0 A LAW CORPORATION FAX COVER MEMO PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE Date: November 21,2008 TO: Name: Donna Norris, City Clerk Company: City of Chula Vista Fax Number: (619) 585-5774 Phone Number: (619) 691-5041 Number of pages, including this page: ~ PLEASE NOTIFY US IMMEDIATELY IF NOT RECEIVED PROPERLY. Please call 949.752.8585 and ask for the Fax Center FROM: Name: File No: Client: Matter: Paige H. Gosney 6115 48452 Tomra Pacific, Inc. COMMENTS: Please see the attached correspondence and distribute accordingly. Original will follow by U.S. Mail. Thank you. CAUTIONl CONFIDENTIAL! THE DOCUMENT BEING TRANSMITTED TO YOU MAY CONTAIN INFORMATION PROTECTED BY Tl-IE ATTORNEY-CL!ENTIWORK PRODUCT PRIVilEGES, It is intended for the person to whom it is addressed. If you are not tile intended recipient or an authorized agent, Ulen this is notice to you that dissemination, distribution or copying of this document is prohibited. If this was received in error, please call us at once and destroy this document. ~25262, I JAN-22-2009 THU 03:31 PM JDT&P IRVINE see FAX NO, 9497520597 P. 02 Jackson I DeMarco I Tidus Peckenpaugh A LAW CORPORATION January 22, 2009 Direct Dial: Email: Roply to: File No: 949.851.7638 pgosney@]dtplaw.com Irvine Office 6115-48452 VIA FACSIMILE AND U.S. MAIL Donna Norris, City Clerk Office of the City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Rc; TOMRA Pacific, Inc.; Appeal of Conditional Use PerlDit No. PCC-08-020 Request for 30 Day Continuance of January 27, 2009, City Council Hearing Dear Ms. Norris: We represent TOMRA Pacific, Inc. ("TOMRA"), in connection with its application for Conditional Use Permit No. PCC-08-020 ("Use Permit") to operate a small beverage container recycling and redemption center ("Recycling Center" or "Center") in the parking lot area of the Sav-a-Lot C'Sav-a-Lot") shopping center located at 1315 Third Avenue ("Site") in the Southwest Redevelopment Area of the City of Chula Vista ("City"). On December 11, 2008, the Chula Vista Redevelopment Corporation ("CVRC") denied TOMRA's application for the Use Permit, and) shortly thereafter, TOMRA formally appealed the,eVRC's denial to the City Council. The City Council is currently set to consider TOMRA's appeal at its meeting on January 27,2009. In preparation for TOMRA's appeal hearing, on December 22,2008, we submitted a request for documents under the California Public Records Act ("PRA") (Gov. Code, ~ 6250, et seq.) CPRA Request"). Although the City Clerk's office produced a small portion of these materials within the statutorily required ten day period, it is now less than one week before the appeal hearing and the City still has yet to produce all Or even a majority of the requested records. We believe that the materials requested are integral to TOMRA's ability to effectively present its case on January 27 and to provide the City Council with as complete and comprehensive a presentation as possible regarding the merits of the Recycling Center, and how/why the eVRe erred in denying the Use Permit. TOMRA would be substantially prejudiced if it were forced to appear before the City Council without having had sllfficient time to review and COll1ment upon these public records, especially given that the delays associated with receiving the requested materials are entirely attributable to the City's inability to assemble !1lld produce them in sufficient advance of the January 27 hearing. Irvine Office 2030 Main S~reet, Suite 1200 Irvine, California 92614 t 949.752,8585 f 949.752.0597 Westlake Village Office 2815 Townsgate Road, Suite ~OO Westlake Village, California 91351 t 805.230.0023 f 805.230.0087 www.jdtplaw.com . JAN-22-2009 THU 03:31 PM JDT&P IRVINE see FAX NO, 9497520597 p, 03 Donna Norris, City Clerk January 22, 2009 Page 2 For these reasons, and in light of the significant investments ofUme (6 years) and money involved in the application and appeal for the proposed Center (almost $15,000 in City fees just for the appeal alone), TOMRA respectfully requests that the City Council's hearing on the Use Permit be continued fOr a period of at least thirty (30) days. We appreciate your anticipated cooperation in this request Please send this request to the appropriate City departments for action, and feel free to contact us directly if you should have any questions or concerns about this matter. ''':'.; Very tnl]y yours, ~~ey ;;>" PHG/dt cc: City Council Cheryl Cox, Mayor Steve Castaneda, City Councilmember John McCann, City Councilmcmber Rudy Ramirez, City Councilmember Pamela Bensoussan, City Councilmember PI arming Director Gary I-Ialbert City Attorney Bart Miesfcld Michael Shirey . Citv Mana~er Jim Sandoval COUNCIL INFORMATION ITEM January 27,2009 Fi]e: TF3SS TO: The Honorab]e Mayor and City Council Jim Sandoval, City Managel~ Scott Tulloch, Assistant City liJ;;;:ger 00- VIA: FROM: SUBJECT: R. A. Hopkins, Director of Public Works Temporary lane and ramp closure for con IOn work at the I-80S/East "1-1" Street ramp for the eastbound to northbound movement. Work is scheduled for two weeks, starting on Monday, February 2, 2009 (stmiing at approximately 9:00 p.m.) and back open to traffic on Monday, February 16,2009 (at 6:00 a.m.) On December 16, 2008 and on January] 3, 2009, City Council received information memos concerning temporary lane closures for work at the I-80S northbound on-ralilps at Telegraph Canyon Road and East "1-1" Street. Since then, work has been completed at the I-80S and Te]egraph Canyon Road northbound on-ramp. Said work was completed within the time period allocated during the weekend of January 17-19,2009. Caltrans has now indicated they would like to perform construction work at I-80S and East "H" Street. The work entails closing the curb lane on the eastbound East "1-1" Street approach to the northbound ]-805 loop ramp for curb and gutter work as well as utility relocation so that the ramp is completely reconstructed. Ca]trans will submit plans to the City as soon as possible for review/comments. The work is scheduled to start on Monday, February 2,2009 at 9:00 p.m., weather permitting. Due to winter conditions, the prospects of rain need to be accommodated. The schedule may slip one week for inclement weather. Since the proposed work is very extensive, Ca]trans intends to fully close this I-80S northbound on- ramp for two weeks. The loop on-ramp for eastbound to northbound traffic will be reconstructed and widened on both sides. The East "H" Street tie-in to the ramp will be relocated further east along East "I-I" Street. Ca]trans intends to maintain pedestrian access along East "H" Street through the work zone. Hilltop High Schoo] is located just west of the overcrossing bridge. Therefore, Caltrans is proposing to close the number three lane (the outside lane) eastbound on East "H" street with a concrete barrier (K-rai]) and use it for pedestrian access and protection from the work limits which extend from the westerly side of the overcrossing to the easterly side. Ca]trans is proposing to stage construction for this work, as well as prepare a detour plan for the eastbound to northbound traffic on East "H" Street to northbound 1- 805. This on-ramp is used by approximately 6,900 vehicles per day. As before, when work was scheduled for the I-80S/Te]egraph Canyon Road on-ramp project, public notification shall be accomplished by advertising in the Union-Tribune Loca] Section as well as the Chu]a Vista Star News. If work is completed earlier than the 14 days, the ramp will be opened sooner. City staff continues to expect that once the work is completed on all northbound ramps, Caltrans will energize all six northbound on-ramp metering locations within Chu]a Vista. Once this date has been determined, City staff will inform Council and work with Ca]trans on public notification. cc: Richard P. Emerson, Chief of Police David Hanneman, Fire Chief Liz Pursell, Public Information Officer Andy Trujillo, Transit Coordinator Police and Fire Dispatch Amy Partosan, Engineering Admin Analyst J:\Enginecr\AGENDA \CAS2009\0 1-27-09\Road Closure I 805 and East H ST 1-27 -09 dek.doc /iddi f, DhCJ I ~) rrn..t:i.:,hrJ11.._ S {,~Yh.-j' -f.-kd -+0 (!ou.ncJ 1!;J- 7/vQ a.:,f- ~e.:h. vLIlJ-- r v,--,hl {e CO yr, rru.-t.<>fr Tker-e-5&L f}-{'..urv The Southwest Chula Vista Civic Association started 2007 trying to get more details about exactly what MMC was proposing in our neighborhood. By the middle of the year we gave up trying to get information from the company and started organizing the opposition. We were joined in our efforts by the end of2007 by the Environmental Health Coalition, which applied to become an official intervener and hired a law firm. During 2008 we kept organizing and making people aware of the potential impacts ofa 100mw peaker plant in their neighborhood. Early on we were joined by the Owners Association of the new commercial/industrial complex right across the driveway, who were afraid for their property values, businesses and the health of their workers. The Sierra Club and NWCA formerly took positions against the peaker. A group of residents started a new organization Communities Taking Action to accelerate the fight. The Southbay Forum also joined us. Weare extremely grateful to these organizations and to the elected officials-Congressman Filner, Councilmembers Ramirez and Bensoussan; Assemblywoman Salas, School Board Members Quinones, Mercado, and Coronado; who recognized that this peaker would violate the General Plan of the city and several ordinances and were willing to publicly say so. We now have several state Senators working on behalf of all the residents of the state to get legislation that will help protect other neighborhoods from injustices such as this proposed peaker. Our new president said, " ...each day brings further evidence that the ways we use energy strengthen our adversaries and threaten our planet..," It is time now for this city to make it clear it will no longer tolerate fossil fuel plants in inappropriate locations in Chula Vista. Both MMC and the SBPP need to go elsewhere. We are on the cusp of a new age of clean alternative energy. SDGE's tracking solar project as well as roof top solar need to be supported as well as research and development of wave/tide energy production. It is time now for the majority of this council to join the 2,000 residents who signed our petitions, the hundreds who attended meetings, wrote letters and made phone calls in thanking Commissioner Boyd in an official letter to the CEC for respecting the LaRS of the city and the city's desire to separate industrial and residential uses as is their duty as an intervener. Commissioner Boyd did a common language reading of our LaRS and came to the same conclusion as we did back in 2007. He should also be commended for acknowledging that a peaker plant in the proposed location would cause unmitigatable impacts to our community. There are other alternatives and other locations. The mayor needs to follow up on her promise to help MMC find a more appropriate location for their project as she told the TV reporters. This is not about publicity and looking good. This is about the city doing the right thing and defending its own General Plan and zoning in order to begin to earn back the trust of the community. Too often Chula Vista has tried to look good, but not followed through with action. Solana Beach is implementing what Chula Vista has talked about for years. We expect less talk and more action to promote alternative, clean energy and to eliminate polluting fossil fuel plants in our community.