HomeMy WebLinkAboutcc min 1996/09/10MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, September 10, 1996
6:00 p.m.
1. ROLL CALL:
PRESENT:
ALSO PRESENT:
Council Chambers
Public Services Building
CALL TO ORDER
Councilmembers Scoff D. Alevy, John S. Moot, Stephen C. Padilia (arrived at 6:19
p.m.), Jerry R. Rindone (arrived at 6:12 p.m.), and Mayor Shirley A. Hotton.
John Goss, City Manager; Ann Moore, Acting City Attorney; Beverly A. Authelet, City
Clerk; and Carla Griffin, Acting Deputy City Clerk.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: Jtme 12, 1996 (Special Meeting/Worksassion); June 20, 1996 (Special
Meeting/Worksassion); July 23, 1996 (Regular Meeting); August 10, 1996 (Special Meeting); and August 13, 1996
(Regular Meeting).
MSC to approve the minutes, approved 3-0-2 with Padilia and Rindone absent.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Dr. Batty Russell, Cultural Arts Commission. The oath of office was administered by
Beverly A. Authelet, City Clerk, to Dr. Russell.
b. Peter MacLaggin, San Diego County Water Authority, gave a presentation on the proposed water transfer
agreement with the Imperial Valley Irrigation District to expand the water supply and increase the reliability of
water resources in San Diego County.
CONSENT CALENDAR
(Items pulled: None)
CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, titles read,
passed and approved unanimously.
5. WRITTEN COMMUNICATIONS:
a. Letter from the Acting City Attorney stating that there were no reportable actions taken in Closed Session
on 8120/96. It is recommended that the letter be received and filed.
b. Letter from South Bay Community Services requesting a waiver of fee for the bus/trolley at the Nature
Center for their 25th Anniversary Celebration to be held on the evening of 9/14/96 at the Nature Center. City
Council amended the staff recommendation to waive the fee for South Bay Community Services.
Minutes
September 10, 1996
Page 2
6. RESOLUTION 18424 APPROVE AND APPROPRIATE A DONATION TO THE LOCAL INITIATIVE
SUPPORT CORPORATION'S (LISC) CALIFORNIA AFFORDABLE HOUSING TRAINING PROGRAM
IN THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000) FROM THE 1996197 COMMUNITY
DEVELOPMENT BLOCK GRANT ALLOCATION - South Bay Community Services and MAAC Project will
both participate in the USC Training and use LISC predevelopment funds. The City's financial support will help
to increase nonprofit capacity substantially over the course of the year. Better trained nonprofits can contribute to
the City's efforts to increase the production of affordable housing in Chula Vista. Staff recommends approval of
the resolution. (Director of Community DevehipmenO 4/5th's vote required.
7. RESOLUTION 18425 APPROPRIATING $31,453 FROM UNANTICIPATED REVENUE TO THE
ENERGY CONSERVATION FUND TELECENTER BUDGET - The East "H" Street telecenter has been open
for two years and the downtown telecenter has been operating for 19 months. During this time, the telecenters have
been funded solely by grants. The grants have been used as seed monies to become self sufficient. To date,
$31,453 in revenue has not been appropriated. Staff recommends approval of the resolution. (Environmental
Resource Manager) 4/5th's vote required.
8. RESOLUTION 18426 APPROVING UNCONTROLLED EMBANKMENT AGREEMENT FOR FILL AS
UNCONTROLLED EMBANKMENT AT SALT CREEK I - FN Development Company, Alpha, c/o JM
Development Company, Inc., owner of property known as Salt Creek I, has requested that certain grading work,
currently authorized under grading permit number PG-354, be designated as an uncontrolled embankment.
Municipal Code Section 15.04.285 states that uncontrolled embankment agreements must be approved and recorded
as an obligation of the land involved. Staff recommends approval of the resolution. (Director of Public Works)
* * * END OF CONSENT C.4LEND/.R * * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
9. PUBLIC HEARING PCA-96-06: CONSIDERATION OF AMENDMENTS TO THE MUNICIPAL CODE
TO PROVIDE A PROCESS FOR DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR
ALCOHOLIC BEVERAGE LICENSING - In 1995, the City Council approved a Resolution delegating temporary
authority to the Chief of Police to make determinations as to whether cei'tain types of alcoholic beverage licenses
should be granted, in situations where there is already an over concentration of licenses based on specified criteria.
This report provides for the permanent processing of such applications. Staff recommends the public hearin~ be
continued indefinitely. (Director of Planning) Continued from the meeting of 8/20/96.
MSUC (Horton/A!evy) to continue this item indefinitely.
10. PUBLIC HEARING CONSIDERING THE OTAY RANCH REORGANIZATION NUMBER 1
CONSISTING OF ANNEXING PORTIONS OF THE OTAY RANCH TO THE CITY, DETACHING THE
OTAY LANDFILL FROM THE CITY AND DETACHING TERRITORY FROM THE RURAL FIRE
PROTECTION DISTRICT - In August 1995, Council authorized the filing of a reorganization application with
LAFCO for the Otay Ranch Reorganization Number 1. The proposed reorganization would annex the majority
of the Otay Valley Parcel, the Mary Patrick Birch Estate Ranch House and the Inverted *L" area to the City. The
reorganization was filed with LAFCO on 4/8/96. On 7/1/96, LAFCO approved the reorganization, designated the
City as the conducting authority and authorized Coune~ to conduct the proceeding to complete the reorganization
process. Staff recommends the i}ublic hearln~ be continued to 9/24/96. (Special Planning Projects Manager,
Otay Ranch) Continued from the meeting of 8/20196.
MSUC (Horton/Alevy) to continue to the meeting of 9/24/96.
September 10, 1996
Minutes
Page 3
11. PUBLIC HEARING CONSIDERING COASTAL DEVELOPMENT PERMIT NUMBER 72 TO ALLOW
THE ESTABLISHMENT OF A 19,500 SQUARE FOOT TECHNICAL CAREER TRAINING FACILITY AT
780 BAY BOULEVARD SUBJECT TO CONDITIONS - Edutek Professional College proposes to establish a
technical school for medical/dental career training at 780 Bay Boulevard. The project site is located within the
Chula Vista Coastal Zone and a Conditional Use Permit is required. The activity is covered by the general role
that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Based on staff's review of the project, it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment. Slaff recommends approval of the resolution. (Director
of Community Development)
RESOLUTION 18427 ISSUING COASTAL DEVELOPMENT PERMIT NUMBER 72 TO ALLOW THE
ESTABLISHMENT OF A 19,500 SQUARE FOOT TECHNICAL CAREER TRAINING FACILITY AT 780
BAY BOULEVARD SUBJECT TO CONDITIONS
This being the time and place as advertised, the meeting was declared open. There being no public testimony, the
meeting was declared closed,
RESOLUTION 18427 OI(FERED BY COUNCILMEMBER ALEVY, reading of the text was waived, title
read, passed and approved unanimously.
12. PUBLIC HEARING REQUEST TO DEFER UNDERGROUNDING REQUIREMENTS ON OXFORD
STREET, 600 BLOCK, BY PRICE COMPANY - There are plans to develop the property located behind the
Price Club building on Broadway owned by Price Company. As part of the development, the owner must
underground the overhead utilities adjacent to the property. Staff recommends approval of the resolution. (Director
of Public Works) Continued from the meeting of 8/13/96.
RESOLUTION 18428 APPROVING THE DEFERRAL OF THE UNDERGROUNDING OF OVERHEAD
UTILITY LINES ON NAPLES STREET AND DENYING THE DEFERRAL REQUEST FOR
UNDERGROUNDING OF OVERHEAD UTILITY LENES ON OXFORD STREET
Cliff Swanson, Deputy Director of Public Works, clarified that if the resolution is approve, d, the City agrees to defer
undergrounding on Naples Street, but denies the request for a deferral to require the overhead lines be
undergrounded on Oxford Street.
This being the time and place as advertised, the meeting was declared open. There being no public testimony, the
meeting was declared closed.
RESOLUTION 18428 O/~ERED BY COUNCILMEMBER RINDONE, reading of the text was waived, title
read, passed and approved unanimously.
13. PUBLIC HEARING ADOPTING OTAY RANCH PRE-ANNEXATION DEVELOPMENT
AGREEMENT WITH BALDWIN BUILDERS - The purpose of this item is to present a development agreement
with Baldwin Builders. On 6/25/96, the Planning Commission and Council considered a series of development
agreements with Village Properties, United Enterprises, Greg Smith, and the Foundation. C/he Foundation
agreement was subsequently split into three separate agreements). The remaining party who is a property owner of
a portion of the Otay Ranch property is Baldwin Builders, which is the trustee for the bankruptcy. Staff
recommends the nublic hearing be continued to 9/17/96. (Deputy City Manager) Continued from the meeting
of 8/20/96.
MSUC Otorton/Alevy) to continue to the meeting of 9/17/96.
14. PUBLIC HEARING PCS-96-04; CONSIDERATION OF A REVISED TENTATIVE SUBDIVISION
MAP FOR THE OTAY RANCH SPA ONE, TRACT 96-04, GENERALLY LOCATED SOUTH OF
TELEGRAPH CANYON ROAD BETWEEN PASEO RANCHERO AND THE FUTURE SR-125
ALIGNMENT AND EXCLUDING 288 ACRES IN ASSESSOR PARCEL NUMBER 642-060-11 AND A
PORTION OF ASSESSOR PARCEL NUMBER 642-080-11 - Adopt a Second Addendum to and recertify FEIR
Minutes
September 10, 1996
Page 4
95-01 and the First Addendum for Otay Ranch SPA One and Tentative Map for Otay Ranch, Tract 96-04, in
accordance with lhe findings and subject to the condition enntained in the draft resolution. Staff recommends the
oublic hearing be continued to the meeting of 9/17/96. (Otay Ranch Special Planning Projects Manager)
Continued from the meeting of 8/20/96.
MSUC Otorton/Alevy) to continue to the meeting of 9/17/96.
ORAL COMMUNICATIONS
· Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chula Vista Chamber of Commerce,
announced the upcoming Harbor Days on 9/21/96.
· Dean Ziegler, 5643 Watercrest Drive, Bouita, CA, a candidate for the Sweetwater Community Planning Group,
encouraged Council to open up discussions with the Sunnyside Saddle Club and the County of San Diego to free
up Summit Park land for a potential regional horse show facility.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
15.A. RESOLUTION 18429 APPROVING REQUEST FROM THE BONITA BUSINESS AND
PROFESSIONAL ASSOCIATION TO CONDUCT BONITAFEST - The Bonita Business and Professional
Association is requesting permission to conduct the 24th Annual Bonitafest and the Bonita Sunrise Rotary is
requesting permission to conduct the Bonitafest Parade on Saturday, 9/28/96. Staff recommends approval of the
resolutions. (Chief of Police, City Attorney and Risk Manager)
B. RESOLUTION 18430 APPROVING REQUEST FROM THE BONITA SUNRISE ROTARY CLUB TO
CONDUCT THE BONITAFEST PARADE
Ann Moore, Acting City Attorney, stated there was an issue regarding whether or not the applicant would be
required to sign the hold harmless agreement. The City Attorney's office and the Risk Manager recommend the
applicant sign the agreement. Although she war not arserting the City would be legally responsible for anything
that occurred at the event, the City could nevertheless be sued; lart year there was a Bonitafest claim filed, and there
war always a chance the court could hold the City responsible. A number of factors the court may take into
consideration is the City approval of the event, and the City is providing funds and police services for the event.
The~pini~n~ftheCityAttomey~s~f~eew~u~dbetorequire indenmification in the hold harmless agreement~ She
war not present for the procedure used in the previous year, but believed the former City Attorney waived the hold
harmless provision.
· Charles Moore, 250 Kennedy Street, Chula Vista, CA, president of the Bonita Business and Professional
Association, requested a waiver of the hold harmless requirement for the Bonitafest activities and parade to be held
on 9/28/96. The Board of Directors of the Bonita Sunrise Rotary and Bonita Business and Professional Association
voted against executing a hold harmless agreement because of the legal burden to the individual board members.
There are insurance policies for the Bonitafest activities and parade naming the City of Chula as an additional
insured for $2 million.
MSUC (Padillaalorton) to waive the hold harmless agreement.
* * * Recessed at 6:49 p.m. to go in a dosed session and reconvened at 7:42 p.m. * * *
September 10, 1996
Minutes
Page 5
16. RESOLUTION 18431 COMMENTING ON THE ADEQUACY OF THE DRAFT EIR/STATEMENT
FOR THE SR-125 TOLLWAY/FREEWAY PROJECT, EXPRESSING A PREFERENCE FOR
ALIGNMENTS, AND DIRECTING STAFF TO FORWARD COMMENTS ON THE EIR/STATEMENT -
The South Bay Agencies have been working on the process to establish a route for SR-125 since the mid 1980's.
Although the route had been on the California Freeway/Expressway system since 1959, and the route adopted in
mid 1960's, the route adoption was rescinded in 1976. In 1984 SANDAG put this portion of the freeway in the
Transportation Plan and in 1987, by a five agency agreement, the work on the EIS and Route adoption studies
began. The Draft Environmental Impact Report/Statement was cimulated on 7/19/96. The clos'mg date for
comments on the statement is 9/16/96. Staff recommends approval of the resolution. (Director of Public Works)
John Lippitt, Director of Public Works, presented the staff report. He stated there were three important questions
that need address'mg are (1) should Chula Vista continue to support the highway, (2) should Chula Vista support
a tollway, and (3) which alignment should Chula Vista support. Staff recommends the Brown Field modified
alignment in the south, and tho Horseshoe Bin CAC alignment in tho north; however, Caltrans and th~ Federal
Highway Administration will make the final determination of the alignments.
· Kent Olsen, 10453 Sierra Vista Lane, La Mesa, CA, president of California Transportation Ventures, stated it
would probably take 20 years to expand to eight lanes. They will expand SR-125 as the tmffic warrants as required
under the franchise agreement to maintain a good level of service on the highway and as traffic increased, additional
lanes would be added. Looking at the build-out and traffic forecasts, they would add a third lane in each direction.
Then as traffic increased again, a fourth lane would be added. Ultimately, them could be a fifth lane in each
direction dedicated to high occupancy vehicle lanes.
Councilmember Rindone asked how would the toll rates be determined, and who was responsible for maintenance
of the toll road.
Mr. Lippitt explained that maintenance would be funded by the tolls collected, and the toll rates would be
determined by California Transportation Ventures.
Councilmember Alevy said in looking at the three different options, he recently took a trip to the area, and them
is considerably more damage to the atmosphere when them is a change in topography by vehicles going up and
down hills, and he wondered what was the topographic difference with regard to the three options.
· Joel Haven, 2829 Juan Street, San Diego, CA, Division Chief for Caltrans, replied the maximum grade
allowable on any of the alternatives was 3 percent, which was 3 feet gain in height over 100 feet; this was typical
of most freeways.
· Rick Otis, 8530 Aveinda Costa Norte, Sen Diego, CA, President of the Otay Mesa Chamber of Commerce,
supported the CAC alternative, because it will provide a safer freeway.
· Kent Trimble, 701 "B' Street, San Diego, CA, Chahman of the Transportation Committee and member of the
San Diego Chamber of Coramerce, supports SR-125 because it alleviates existing traffic conditions, it accommodates
planned and existing development, and the project went through an extensive CAC process. While the Greater San
Diego Chamber of Commerce does not endorse an alignment, they support building the toll road to alleviate traffic
conditions.
· John Hammond, 3012 Anderson Street, Bointa, CA, Chair of the Sweetwater Community Planning Group,
suggested Council table the draft EIR until the questions regarding funding, flooding, and pollution are answered
with regard to the project.
· Ray Ymzon, 5732 Sweetwater Road, San Diego, CA, opposed SR-125 as a tollway or freeway because of the
mitigated loss of open space resources.
· Kevin Kidd, 5144 Sunnyside Drive, Bonita, CA, opposed SR-125 because there is no factual evidence to support
it at this time.
· Jo A. Holehouse, 5630 San Miguel Road, Bohita, CA, opposed SR-125 because of concerns regarding pollution
and the possible contamination of the Sweetwater Reservoir.
Minutes
September 10, 1996
Page 6
· Patricia Angelone, 2134 Shoreview Place, Chula Vista, CA, opposed SR-125 due to concerns regarding pollution
and traffic.
· Patricia Householder, 8475 Avenida Angulia #5, San Diego, CA, with Preserve South Bay, opposed SR-125
because of concerns regarding noise, traffic, and wildlife.
· Dean Ziegler, 5643 Watercrest Drive, Bouita, CA, opposed the Proctor Valley conduit west route because it will
destroy the Bouita Golf Course.
· Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chula Vista Chamber of Commerce, stated
the Chamber supports the CAC alignment because it helps alleviate traffic problems in the area.
· Marianne Greene, P.O. Box 632974, San Diego, CA, an attorney representing Preserve South Bay, opposed
SR-125 beeaus~ of the lack of use by truckers, cost, and the degradation of the water supply.
· Nancy Gott, 3400 Randy Lane, Chula Vista, CA, opposes SR-125 because of the impacts of traffic, pollution,
and noise. She suggested possibly upgrading SR-905 instead.
· Day Joudrey, 5706 Sprinter Lane, Bouita, CA, opposed SR-125 in order to preserve the Sweetwater Reservoir's
last open space.
· Kent Olsen, 1230 Columbia Street, San Diego, CA, president of California Transportation Ventures, stated the
company has a franchise agreement with the State to finance, design, operate and maintain the SR-125 south toll
road. The franchise agreeraent was signed in January 1991, and since that time, they've worked with the City of
Chula Vista, SANDAG, Caltrans, and the County to carry out extensive environmental studies. They are nearing
the end of the environmental process when Caltrans and the Federal Highway Administration decide which route
to build and the mitigation to fund the toll road. The toll road will be developed in accordance with the franchise
agreement, and will be privately financed, so there is no risk to the State or City. A freeway or tollway will
provide the needed facility to minimize traffic on the surface streets. They hired a traffic cousultant to conduct an
investment grade traffic study, and were about to award a contract for aerial photo and mapping. They are ready
to move ahead when the environmental approval is complete. There used to be concern when the toll road is built,
there will be 50,000 noisy trucks from Mexico using it per day. Studies indicate there won't be a lot of truck usage
on the highway because the truckers won't pay the toll. A percentage of the trucks that go eastbound on 1-8 out
to the Otay Mesa area are expected to use SR-125 which will save approximately 12 miles or 30 minutes, and
truckers will pay tolls to save distance and time. California Transportation Ventures supports SR-125.
· Mark Marchand, 880 Canaries Court, Chula Vista, CA, Executive President of the Pacific Southwest Association
of Realtors, stated its Board of Directors support SR-125 because it will contribute more to the community and
could be detrimental if not built.
· Tim Mahoney, 5938 San Miguel Road, Benira, CA, opposed SR-125 because it would go right through his
house; however, if SR-125 is built, he suggested building high berms and adding trees, us it has been done on
freeways in San Francisco and Newl~rt Beach.
· Hugh Strachwitz, 4617 Schaumberg Place, Bouita, CA, opposed SR-125 because of increased noise levels and
questions regarding funding for the project.
· Bruce Sloan, 900 Lane Avenue, Suite 100, Chula Vista, CA, representing the Eastlake Company, has been
involved in planning and implementing the Eastlake proje~cts since 1978. Early on in the process them was a need
for additional north/south transportation facilities in the eastern territories. Residents were routinely notified as part
of their purchase process that there would be a SR-125 facility that will run north/south through the Eastlake
community. In the late 1980s, there were also roadway signs posted that showed the locations of the crossings
where the roadway is anticipated. The Eastlake Company supports staff's recommendation, as well as the
implementation of the project as a tollway.
· John Taylor, 3142 Orchard Hill, Bonita, CA, is a physician specializing in the disorders of hearing and the upper
respiratory system. He reviewed the draft EIR's on air quality and noise levels and found the reports contained
deficiencies, because inadequate modeling scenarios were used. The recorded environmental quality standards were
outdated and have been superseded by other reports since that time. A 1991 report on the air quality standards was
September 10, 1996
Minutes
Page 7
used, but there was a subsequent report in 1994 with different standards. He opposes SR-125 because of the noise
and health impacts.
· John Willett, 97 Montebello Street, Chula Vista, CA, Chair of the SR-125 Citizens Advisory Committee, stated
the committee was formed in June 1991, and started with 30 representatives from three Chambers of Commerce,
the City of Chula Vista, the South Bay Transportation Coalition, three commnnity planning groups, three
development groups, the Otay Ranch Advisory Committee, the Eastlake Homeowners Association, the Valley
Horsemen, and other members to ensure public participation. In August 1994, the CAC went to Caltrans and
formally requested another path be taken known as the Horseshoe Bin CAC alignment. The specific reason was
to try to minimize the disatption of the San Miguel area and the impact on the commercial RV park. The Proctor
Valley Road alignment would have taken out 41 homes. The CAC strongly recommends the Horseshoe CAC bend
alignment, along with the modified Brown Field alignment, to stay away fwm the insensitive environmental area.
Councilmember Rindone asked if the proposed alignment would impact the San Miguel Ranch development, and
if adopted by Caltrans, would some of Otay Ranch be proposed for mitigation for biological offsets.
Mr. Willitt said yes, it would go through approximately the center of San Miguel Ranch. San Miguel Ranch is a
large area that is sensitive. They decided to give up the area with no estate houses for a slight increase in density,
so you might say mitigation is moving it down. Currently there are no plans he knows of, and the owner of the
property currently has no plans to develop it.
Mayor Horton stated the area adjacent to the Lake originally designated for high-end executive housing is curmnfiy
being considered as part of the MSCP plan. She asked if the area would be preserved for habitat,
Mr. Willett answered it was correct.
Mr. Leiter mentioned the property owner for San Miguel Ranch developed an alternative site plan that addressed
the CAC alignment, and it is currently b(mg studied, along with a plan that relates to the Proctor Valley West
alignment. He stated the northern parcel of San Miguel Ranch was proposed as permanent open space, and part
of it can be used as mitigation bank for SR-125 or other projects that required environmental mitigation.
Mayor Horton stated that approximately 70 percent of Otay Ranch was originally planned as open space, and less
than 30 percent was actually planned for development. With respect to the CAC alternative, she asked about
environmentalist concerns of the sensitivity of the Marine Succulent Shrub and Coastal Sage. She asked if them
were options to mitigate this area by transferring recreation land.
Mr. Willett said one of the things they recommended was to reduce the mitigation and extend the bridge 400 feet.
There was not a request to replant the Maritime Succulent Shrub, but the California Sage could be replanted.
· Vivian Marquez, 314 Second Avenue, Chula Vista, CA, opposed SR-125 because of financial considerations,
unmitigatable impacts, health problems, loss of the rural character, and the equestrian nature.
· Sharon Todas, 6001 Boulta Meadows Lane, Bonita, CA, supported the CAC Advisory Committee's
recommendation.
· Ron Thomas, 5932 San Miguel Road, Bonita, CA, opposes SR-125 because of concerns regarding noise.
· Mark Faulkner, 9665 Chesapeake, San Diego, CA, stated the San Miguel Ranch tried to accommodate both of
the potential alignments in conjunction with the CAC/Horseshoe Bin alignment and the Proctor Valley West plan.
They will come before the Planning Commission and City Council later this year with two general development
plans predicated on either alignment. The tollway in the Horseshoe Bin alignment takes approximately 60 acres
of their property, and the Proctor Valley alignment takes about 30 acres.
Councilmember Alevy asked how could the particulates affect the water supply in the reservoir.
· Tim Vasques, 2829 Orange Street, Chula Vista, CA, Environmental Branch Chief for District 11 of Caltrans,
didn't believe the particulates would affect the water supply. Caltrans follows a directed process generated from
EPA through federal highways to Caltrans on how to assess particulates; it is currently done at a regional level.
It is part of the regional transportation improvement plan rtm for all emission generators in the County and
September 10, 1996
Page 8
generated by SANDAG, and it cannot exceed the identified budget for various particulates; this project has gone
through that process. There is no SR-125 project specific particulate matter emission calculation for nearby
receptors, the lake surface or anyone's home. At such time, as the EPA generates a method to perform that
calculation and codify on a federal register, Caltrans is wilting to perform any required studies.
Councilmember Alevy asked Mr. Olsen if there isn't enough income from the tolls, would this fail on the backs
of taxpayers. Does the franchise agreement specify funding in the event it doesn't reach a certain level of use, and
who would pay for it.
Mr. Olsen, President of Transportation Ventures, answered the way they will finance the project when the final cost
estimate is prepared and there is a signed contract for constructinn, and independent traffic studies are completed
by an outside firm, they will have a hold on the right-of-way costs and will issue private revenue bonds through
their financial advisor. All of the costs to get to the point of issuing those bonds is equity put in the project by their
two-parent companies and other investors. The recourse if traffic levels aren't what are foretasted and the inability
to pay the debt service on the bonds, the bond holders take over the project. We, the private company that invested
our equity, lose our equity. The bond holders would hire someone else to run the project and continue to operate
it as a toll road and collect revenue to try to pay the bonds. The likelihood of a SR-125 toll road not being used
is nil, because if it is built, it will be used. There is no mechanism set up for a State, County, SANDAG, or City
bail-out of the bond holders. Residents would not see this on their tax bills.
Mr. Olsen further stated that there have bean studies done by Caltrans as part of the environmental process. All
the studies are part of the ongoing environmental approval process, and their first study was a feasibility study.
At this point in time, there are three companies in the U.S. recognized as capable and credible for doing investment-
grade traffic studies and one of them, Wilbur Smith & Associates, was hired to perform an independent investment
grade traffic study. CTV will have no control over the technical execution of that study. The banks, bonding
agencies, and bond dealers want an independent study which will be ongoing in the next six months and is expected
to be completed in January or February 1997. He added that it would not be a public document. Concerning noise,
the proposed mitigation are sound walls in the areas where feasible. The Bonita Valley is a very quiet and peaceful
valley and when the toll road is built, the noise in the community will increase, and while we can pay for and do
all the mitigation possible, it is physically impossible to completely eliminate the noise.
Councilmember Rindone said even with the construction of the sound wall, it will raise substantial levels in the
noise. He asked were there any other options available to help reduce those impacts.
Mr. Olsen said the only other option they looked at is a speciai pavement that will reduce the actual wheel of the
pavement noise. This is something used in France, and to his howledge it hasn't been done in the U.S. It is a
very densely graded pavement, and the surface is not as smooth as a normal pavement. It is not a Calltans standard
and will need Caitrans approval to try it as a test case; it will, however, reduce the noise level. The study indicates
the road itself was about a 3DBA reduction. When standing alongside of it, it is quieter than a normal highway.
Councilmember Rindone requested under staff's recommendation a reference to the noise level be added and these
additional alternatives regarding the different material for the pavement be explored in order to provide increased
enhancement in the mitigation of the noise levels.
Councilmember Alevy aiso thought it is a good idea to do some creative berming and landscaping. If the highway
is adopted, it should try to blend with the existing anvironment as much as possible to make it less visuaily
impacted, as well as audibly. It is evident that a number of years ago Council adopted a general plan that dictated
existing and future eastern growth. It was determined back then that this region, if it grew in certain ways, needed
two new north/south arteries; one of those was 1-805. This is the second of the two. A lot of traffic is commercial
either from this side of the border or the other, and people will use this artery for a number of different reasons.
The fact that a lot of these growth decisions were already made, the current proposal is predicated on that. Council
has to make a decision that will have the least impact on existing dwellings and the environment. It is not up to
Council to decide whether or not SR-125 gets built; it is to decide which route has the best positive effect on the
community.
Councilmember Padills said there are other agencies and levels of government that will make the decision to choose
the route. The decision has to be made by a number of people, and Council is part of the process in terms of telling
Caltrans through City staff, to provide commentary to the EIR document which route is preferred. This project is
not here for this Council to approve or deny the project. There were several comments about the economic viability
September 10, 1996
Minutes
Page 9
of SR-125, the type of commercial transportation that would utilize or not utilize SR-125. You have to look at
SR-125 partly in economic terms, but also in engineering terms, operational terms, aesthetic terms, and air pollution
terms. His main concern is recognizing the fact that the City has grown, will continue to grow, and our traffic
patterns internally on the surface streets in the City of Chula Vista going east/west are a concern. The other impacts
on East H Street, Telegraph Canyon Road, L Street, and parts of E Street that continue from Bonita Road. We
have to look at the overall picture regionally and will it relieve congestion on the surface streets and relieve the
intensity of certain air pollution in certain parts of Chula Vista. This City is growing and changing, and there will
be an increas~ in traffic volume in our community and on the suffac~ streets. He rovi~w~l the documents an~l staff
report and believes they have done a thorough job. He believes more can be done and mote must be done. Council
is not here to approve this EIR and that is why this process is good because these comanents need to be on the
record and our staff needs to forward these comments to Caltrans. He is comfortable with staff's recommendation
of the CAC/Horseehoe Bin alignment, and on forwarding those comments to Calftans.
MS (Padillafltorton) to support staff's recommendation.
Councilmember Rindone concurred and stated it is an issue that has been faced by this community for a long period
of time. Whether SR-125 is ever built, we do not know if it will be funded as a toll road or left as a freeway in
20 years. If the motion on the floor is adopted, it is to provide the direction to staff to include the comments made
by Council, and whether SR-125 is even built will be contingent upon the financing and a lot of factors which
remain to be addressed. No one can predict the future, but it has increased the difficulty and enhanced the
magnitude of the debate and possible funding in the future. If SR-125 is built as a toll road or freeway, it is the
decision that will hinder upon funding and the environmental impact report. He believes it is essential to include
comments and to ensure that if SR-125 goes forward, every effort to mitigate those impacts.
Councilmember Moot expressed sympathy to the people from the Bonita community and felt that if he lived in this
area, it would not be something he would support. One thing that eneouragas him somewhat is it appears in the
next 20 years, it will essentially be a four-lane controllad road, which is comparable to H Street. He feels it is
important to take into consideration the impact that it will have on the rest of the City and what it means to traffic
conditions if even a four-lane road were not built. Looking at many traffic studies, he feels this road is ultimately
necessary. He was disappointed that a pretty part of the community, one that has had great history and value, will
be impacted. He encouraged Caltrans and the people who read the comments to take into account the concerns of
the people in the ares. He believes staff weighed very difficult issues, and as difficult as it may be, staffs
recommendation is the most appropriate.
Mayor Horton agreed whole-hesrtadly with the comments made by the Councilmembers. It was interesting to see
that most of the families were residents in the Bonita community. She is deeply concerned with the quality of life
and trying to maintain the ambiance that makes the Bonita Valley so special. There were several speakers that lives
on San Miguel Road, and one of the examples given in the EIR was that the traffic volume on San Miguel Road
would increase to 35,000 vehicles per day if there was no project. The current volume on that road is 7,000 and
with the toll road option, the number is reduced to 6,800 vehicles per day. She stated the Council needs to come
up with the best solution to try to maintain the Bonita area as much as possible. For those reasons, she has always
supported an alignment as far east as possible, taking into consideration that there are some environmental issues
that have to be addressed.
VOTE ON MOTION: Passed and approved unanimously to approve staff's recommendation.
The following persons chose not to speak, but indicated their opposal to SR-125.
· Ken Joudrey, 5706 Sprinter Lane, Bonita, CA.
· Shirley E. Hillman, 5941 Lazy Trail Court, Bonita, CA.
· Wesley Russell, 3927 Country Trails, Bonita, CA.
· Elaine Koller, 5555 Pray Street, Bonita, CA.
· Louise H. Pettit, 5652 Prayst, Bonita, CA.
· Margaret H. Pettit, 5652 Pray Street, Bonita, CA.
· John K. Pettit, P.O. Box 205, Bonita, CA.
· Lottie Thomas, 5151 Robinwood Road, Bonita, CA.
· Sandy Stencil, 3065 Sylvia Street, Bonita, CA.
· Walter Rose, 5137 Nannette Street, Bonita, CA.
·Pam Rose, 5137 Nannette Street, Bonita, CA.
Minutes
September 10, 1996
Page 10
· Bob McPhail, 5910 Steeplechase Road, Bonita, CA.
· Susan Insko, 2935 Via Del Cabavo Blanco.
· Cris Johnson, 5626 Watercrest Drive, Bonita, CA.
· Tonda Johnson, 5626 Watercrest Drive, Bonita, CA.
· Tony Thele, 5934 Rockyview Court, Bonita, CA.
· Kay Thele, 5934 Rockyview Court, Bonita, CA.
· Don Jensen, 3655 Proctor Valley Road, Chula Vista, CA.
· Bill Gott, 3400 Randy ]Lane, Chula Vista, CA.
· Dorothy Yantis, 179 Camino del Cerro Drive, Bonita, CA.
· Debbie Pigden, 206 "F" Street, Chula Vista, CA.
· Keith McElfresh, 450 Smoky Circle, Chula Vista, CA.
· Anita Mercado, 5783 Quarry Road, Bonita, CA.
· Jewel Kelley, 7052 San Miguel Avenue, Bonita, CA.
· Gil Oakes, 5631 Watercrest Drive, Boulta, CA.
* * * Meeting recessed at 10:10 p.m. and reconvened at 10:31 p.m. * * *
17. REPORT PROGRESS REPORT AND REQUEST FOR COUNCIL DIRECTION REGARDING
CONTINUED NEGOTIATIONS WITH JOELEN ENTERPRISES FOR THE DEVELOPMENT OF
PROPOSED GOLF RESORT HOTEL - On 4/23/96, Council approved an Exclusive Negotiating Agreement
(ENA) with Joelen Enterprises for the development of a golf resort hotel on City-owned property adjacent to the
municipal golf course. The ENA contains project milestones. Staff will present an update on progress to meet these
milestones. ~ta~wi~~a~soadviseC~~n~i~mgardingthedeve~~per~srequestt~pr~videtheirpr~spective~enderwith
evidence of Joelen's conditional control of the property, based upon the lender's indication that the existing ENA
is insufficient. Staff recommends Council accept the report. (Director of Community Development)
Cheryl Dye, Economic Development Manager, gave an update on the milestones of the exclusive negotiating
agreement. The report indicates them is a market for the project as a first-class hotel. A new concept plan is
proposed by the developer, and it has not been submitted to staff yet. There is a preference for the main entry way
of the hotel to be located at the intersection of Otay Lakes Road and Bonita Road, and it would be an extension of
Otay Lakes Road into the project and would eliminate the need for an additional traffic signal.
In terms of parking related to the site plan, the initial concept plan had several shortages as it related to Code;
however, the developer indicates the new plan will address that and allow for more parking spaces. It is the intent
of all parties that golfers' parking will be free and accommodated on-site.
It is also the intent that trail users will be accommodated by providing parking at the City-owned vacant lot east of
the golf course. The jogging trail and equestrian trail havebeenasensitiveissueandthe~p~~n~f~~~atingthat~n
Bonita Road has been eliminated; it is proposed to go on the north side of the hotel between the hotel and the golf
course. Her understanding is this will allow the optimum most continuous flow of users of the trail with the least
conflict. One conflict would be with carts going back and forth, and a bridge is intended to take care of that.
Some of the key issues anticipated to be covered by the MOU had to do with course of grading, and it is deterrained
that American Golf will pursue the possibility of bringing on beard a golf course architect to develop a master
concept plan. In terms of financing, it is pending the development of the master plan and we are looking at using
Kaiser Marston and Associates to help with the analysis of the most cost-effective financing mechanism; we are still
determining American GolFs responsibility for the existing lease.
The green fees may be increased based upon the upgraded course. What has been determined by all parties is that
the City will control rate settings for residents. We are looking at comparable rates at other golf courses, and it
is the intent of all parties there would be a three-tiered system with the hotel guests paying the highest rates, the
non-residents paying the next highest rate and the residents and seniors paying the lowest rates.
Jerry Foncerrada stated a resident is defined as a citizen of the City of Chula Vista, and they must show proof of
residency by either a driver's license, property tax bill, telephone or other utility bill. Residents in Bonita can pay
an $8.00 fee for a card that allows thera the resident fee for one year.
September 10, 1996
Minutes
Page 11
Ms. Dye stated in terms of guaranteed tee times for hotel guests, it appears there would be adequate capacity. The
key is timing and staff is looking at what day of the week and what time of the day would those guaranteed tee times
be for minimal impact to the local residents. The applicant is now requesting a conditioned escrow. Staff
recommends Council give direction in terms of moving forward to establish a conditioned e, screw at this time.
Chris Salemone, Director of Community Development, said starf did an analysis of whether to lease this property
or sell it. The Kaiser Marston analysis indicates that the sale option would be equal to or better than the lease
option. The market study also indicated a positive report on the marketability and revenue generated for the City
with regard to this project.
Mr, Go~s indicated h0 spoke with the app!icant's proposed lender regarding their interest in a multi-million dollar
loan. They are baslcally an agent for an out-of-country lender and their concern is this entity provides directlon
for their lending policies on an annual basis, and in calendar year 1997, they may not have the same direction.
They want to go to their lending oemmittee and indicate they have tied down the site. It could be like a DDA, but
it could be in the form of a conditional escrow so all of the conditions in the DDA would also be conditions of the
escrow.
Councilmember Rindone said his understanding was that the applicant discussed with staff a proposed redesigu that
included facing the extension of Otay Lakes Road and hotel at a different direction which would accommodate the
need to have an aligned intersection. The additional 2-1/2 acres is for the extension, and the alignment is the
applicant's response to staff's review of needs in that area, but there is also another characteristic of trying to realign
the hotel so it's out of the flood plan.
Mr. Salemone said it isn't exactly determined what that impact is. When they moved it to the south out of the flood
plain, it also helped to move it to Otay Lakes Road to accommodate not only the aligned intersection, but the
additional parking required. The additional 2-1/2 acre figure is a ballpark figure. The additional parking area
would require a re, designed 18th hole, but the first hole would not be affected at all.
Glen Geegins, Deputy City Attorney, stated there were a variety of legal issues such as compliance with CEQA.
An environmental analysis and appropriate environmental action un a project is called for at the earliest possible
time in the planning process in order to have a meaningful impact on the planning process in shaping the project,
but not so ea~y in the planning process that a meaningful analysis is impossible, because the project isn't specifically
defmed enough end a comprehensive analysis is inappropriate or impossible. Consistent with these guidelines in
the past, the City has entered into conditional agreements whereby the agreement is conditinned on its effectiveness
and/or a condition to clos~ under a disposition agreement to include a provision where the City would commence,
if it hasn't been commenced, and complete the n~eessary environmental actions prior to escrow closing or
finalization of that agreement. That approach he thinks is defensible, although it has not been tested and he thinks
analogous case law supports that approach under a variety of circumstances. The notion if in fact a cunditioned
escrow or any kind of conditioned agreement is contemplated, CEQA states prior to transfer of property, the
condition would have to be drafted in such a way that the City Council reserved its sole and unfettered discretion
to make that decision without material adverse consequences in order to preserve our independent judgment in
conducting the appropriate CEQA analysis. That concept of reservation of discretion would apply to conditions that
might be included in any agreement either in the near future or at the end of this process.
Another legal issue is the procedures required prior to disposition of property. As a Charter City, the City of Chula
Vista has a tremendous amount of flexibility in desling with property transactions and the disposition of property.
Chula Vista is exempt from many State laws that otherwise carefully script procedures for selling certain types of
properties. In this case, this property was acquired back in 1965 with a bond issue of general obligation bonds
which were secured by a pledge of the revenues. Last year those bonds were paid off, so any kind of repayment
of bonds would not be an issue to be dealt with prior to disposition. There is one minor outstanding issue, which
we don't expect to be an issue based upon preliminary opinion of our bond counsel, that back in 1965, the
authorization for issuance of the bonds was conducted in a special election, and the restrictions that might attach
now as a result of that special election, he does not believe there are any. The fact there is a tremendous amount
of flexibility in the legal requirements in this case.
The current structure is the ENA, during the course of which we've committed not to negotiate with any other
developer. We might enter into an MOU to establish conceptual approval for business terms, and at the end of
which is currently contemplated, a formalized disposition end development agreement would be drafted and
presented to Council for approval end sole discretion.
Minutes
September 10, 1996
Page 12
· Allen Turner, part of the architectural team representing Joelen Enterprises, gave a slide presentation regarding
the project.
· Brian Seltzer, attorney representing Joelen Enterprises, expressed the sense of urgency to this request. Since
the execution of the ENA, there have been changed circumstances, because there is an opportunity for financing.
The lender has a genuine interest to invest resources for this project. They ask to big back to Council the concept
of a conditional escrow. In terms of closing the escrow, there are details to be worked out, but they request closing
escrow by the end of the year. He indicated they do not want to bypass any laws or public hearings, but they ask
that some of these matters be prioritized to take advantage of the financing opportunity. He offered to prepare a
draft document and present it to Council In one week. From his client's and the lender's perspective, they view
a negotiating agreement as simply an agreement that gives the party a vehicle to talk and even though there are
negative covenants in the agreement that say that the City won't talk or contract with someone else, reality is the
lender doesn't view it as our client having site control. They view a conditional contract as giving his client the
right that they have site control for purposes of future development. Sales contracts are a more conventional vehicle
for disposition of the property and many contracts contain conditions in favor of the buyer or in favor of the seller
which gives them the ability to cancel the transaction if certain matters or occurrences do not occur or are not
hil~lled.
Mr. Goss said his perception is that normally we would go through a process and have all the issues resolved with
respect to the jogging trail, access to the golf course by hotel guests, the water line relocation, and American Golfs
lease prior to the sale. The lender would like to have the escrow so if all those conditions are met, the sale occurs
and it is not a discretionary action later on. Those conditions would also have to meat Cotmcil's satisfaction before
the escrow could occur, so it is similar to a DDA.
Mr. Googins did not recommend entering into a contract, from a policy standpoint, without a purchase price or a
definition of the property, but in terms of being able to strncture an agreement like that, he thinks he could structure
a legally supportable contract which is similar to the existing ENA structure. He also felt that closing by the end
of the year was not a reasonable time period.
Councilmember Moot asked how would we open escrow until the property is defined and appraised, and how do
you effectively create conditions to a real estate contract when you haven't set the parameters of what those
conditions are. Also, conditional sales contracts indicate a price and specific legal description.
Mr. Coogins indicated it would be difficult to effectively create such conditions. The proposal the applicant is
making is for the City to reserve sole discretion and/or some other kind of discretion. Defining those parameters
may be difficult, and there may be expectations that are unxealistic as to what the terms are for such a condition,
however, there could be conditions structured which say the City won't have to sell the property unless an
agreament on any particular topic is entered into that meets the City's approval in its sole satisfaction. Having those
conditions relate to price and definition of the property is awkward particularly with respect to price, and he hasn't
seen in his experience with close to 100 contracts.
Mr. Seltzer said conditional sales contracts allowing either party to have discretion was not unusual, and in fact
traditional. Sales contracts that have as their basis for the purchase price, some appraisal process followed by a
negotiation process, with either side having the ability to simply say they agree or don't agree is not unusual in the
word of contracts. In terms of the legal description of the property, the fact is that we already know the general
site, or even the more specific site as to where the property is going to be. There is an opportunity for financing
and time is of the essence. He offered to write the tint draft of the contract in order to speed up the process.
· Josef Citron, with Joelen Enterprises, expressed the desire to obtain financing for the project, and he asked
Council to authorize the City Attorney to negotiate with Mr. Seltzer regarding the conditional purchase agreement.
He indicated that Council had a copy of the credit facility documents, and he asked not make it a public document
at this time.
· Richard Pena, 5153 Sunnyside Drive, Bonita, CA, opposed the Bonita Golf Hotel because he felt it is not in the
best interest of the people.
· Glenn Kopp, 5809 Whirlybird Way, Bonita, CA, head coach of Chula Vista High School golf team, opposed
the Bonita Golf Hotel because of conflicts of the students using the golf course due to guaranteed tee times by hotel
guests.
September 10, 1996
Minutes
Page 13
· John Hammond, 3012 Anderson Street, Bonita, CA, chair of the Sweetwater Community Planning Group,
opposed the Bonita Golf Hotel because of the impacts of recreation and parking.
· Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chula Vista Chamber of Commerce,
supported the Bonita Golf Hotel because it would be a valuable asset and benefit to the City.
· Luis Montoya, 2835 Prospect Street, National City, CA, an employee at the Chula Vista Municipal Golf Course,
raised issues concerning employee/employer issues concerning American Golf. He was seeking to have a collective
bargaining agreement for employees at the golf course to protect their rights.
Mayor Hotton stated the agendized item was for discussing the contract with Joelen Enterprises, not American Golf.
· Fred Lowe, 8939 South Sepulveda, Pasadena, Cslifomia, representing the Laborers' International Union of
North America, felt the agendized item was relevant to his and Mr. Montoya's concerns because the contractual
relationship includes American Golf. He stated the City is talking about entering into a relationship that includes
American Golf, a company that has incurred numerous fines from improper use and handling of chemical pesticides
and repeatedly fined for improper training. He felt Council has the responsibility to ensure the private contractors
the City hires pay their employees adequate wages.
Mayor Horton indicated this particular subject was not appropriate for the issue before Council. The issue at hand
is the negotiation and contract with Joelen Enterprises to build a hotel resort facility.
Councilmember Moot stated Mr. Lowe was not addressing Joelen Enterprises. While he was concerned with Mr.
Lowe's comments and allegations, the appropriate way to get it on the agcoda would be for him to submit his
comments in writing and let staff calendar it appropriately.
· Tris Hubbard, 313 Windjammer Circle, Chula Vista, CA, representing 450 members of the Chula Vista Men's
Golf Club, the Chula Vista Women's Golf Club, and the senior couple's group; all oppose the Bonita Golf Hotel
because the land was purchased in 1965 for the specific purpose of maintsining a municipal golf course.
Councilmember Rindone stated when this Council agreed on an ENA, it was with the desire to t~y to get a
resolution to see if this was a project that would benefit the City. Council will confmue to examine that because
the concerns expressed tonight are legitimate.
MS CRindone/Padilla) to direct staff to work diligently in looking at developing a conditional escrow and
ensuring that this would assist in directing the enhancement of obtaining financing for this project, and to
develop an agreement where it will be very dear that all the other hurdles that have already been placed in
the ENA would have to be met prior to the negotiation of any financial contract terms for a sale, and that
all the other conditions must be met prior to this final one if it proves to be feasible and to the advantage of
the City.
Councilmember stated he would like to know how many parking spaces are needed for the jogging trail, where those
parking spaces are located, will the joggers interface with the golfers, how many tee times the applicant wants and
what are the guaranteed times, what is the impact of that to the golf course, and assurances that the high school can
use the golf course at the times they need.
Councilmember Alevy stated he likes the current entrance to the golf course and likes the way the golf course is
laid out. The 18th hole is one of the finest finishing holes in this County; by making the 18th hole a par 4, it takes
away from the golf course. There are other questions to be answered with respect to the flood control west of
Willow Street bridge, tee times, and green fees. Assuming that American Golf spends $3 million for improvements
on the golf course, Mr. Frost indicated that the $18 fee would increase to $25 for non-residents, and the $15 fee
would increase to $21 for residents. He was concerned because it is a 28 percent increase. He still questions the
1901 Bond Act if there are any implications regarding the purchase of part of the property.
Motion (Rindone) to direct staff to come back in two weeks with a report to move towards the development
on the exdnsive negotiating agreement that contains the option of a conditional escrow agreement and with
an understanding that all of the items as outlined in the report presented to Coundl tonight will be continued
to be addressed and would have to be satisfied by this Council prior to consummating any sale. MOTION
DIED FOR LACK OF SECOND.
Minutes
September 10, 1996
Page 14
Amendment to motion: Councilmember Moot stated as a friendly amendment that the applicant must have their
proposed agreement in no less than seven days, so it could be analyzed and brought back to Cotmc'd in two weeks.
He would also like a specific time table to be set as to when we will have specifics as to the number of tee times
that were required, American Golfs input and opinion as to the impact it has on the golf course, and specific
parameters as to what the green fees would be based on American Golfs anticipation of the improvements to the
golf course. He also requested a specific timetable as to when a report addressing these specifics would be made
available to the public so that we could have a public hearing and have specific input on this and the issues Council
has identified.
Mayor Herton said that hopefully staff will continue with their dialogue with the lender so they could get a better
handle on what exactly they are expecting at this time, because they really don't have anything more than an ENA,
because all of the conditions would have to be in place.
Mr. Goss agreed with the amendment except for the direction of asking the applicant to come back with a
framework agreement within seven days, because staff would only have a few days to analyze it and prepare a
response to meet the agenda deadline.
Councilmember Moot said this would only be the first draft. He suggested retaining Steve Delaney or someone else
to assist in the negotiation of this project to get it moving quickly.
Mayor Hotton said if staff needs additional help, it would be the prudent thing to do. She knows that our legal
department is currently on overload so it may be of great assistance to that department.
Councilmember Alevy asked if Councilmember Moot's amendment included having public hearings prior to Council
voting, or if Council would potentially enter into a conditional escrow prior to the public hearings, EIR, and CEQA.
Councilmember Moot believed staff could address that in their report to Council, but it would be his contemplation
that at some point in time the specifics of the agreement about tea times and jogging trails be prepared, people could
have a weak to review it and then address it at a Council meeting.
Councilmember Alevy asked at what point in the process would this take place; would it take place prior to entering
into a conditional escrow or afterwards.
Councilmember Moot replied staff would provide the input on that issue.
Councilmember Rindone said as the maker of the motion, he thinks the amendment enhancements am acceptable,
but he concurs with Mayor Horton to look at the option of a conditional escrow, the timeliness of a hearing or
providing the specifics in response to the questions as far as the jogging trail and golf course tee times will take
place will have to be resolved, but he doesn't think it is necessarily incumbent to be resolved prior to a conditional
escrow, which is an enhancement of the ENA. Before the project is ever approved, it is part of the process and
part of the commitment of Council's tenacity to deal with those details.
Councilmember Padilia thinks the issue of a conditional escrow agreement and all the other issues are really
separate. A conditional escrow agreement deals with financing, and if we don't have financing, we don't have a
hotel. As long as this type of escrow agreement is conditional, we need to focus on that first. As long as it is
conditional and we are not waiving our review rights in any way and not shortcutting the process, all the other
review in terms of public commentary and discussions come after we know if the applicant has financing. He
doesn't think people should misunderstand that by going forward with a conditional escrow agreement, we am
somehow going to shut off the review process and approve the project, because we're not. All this has to do is with
the applicant's finan(mg. He will support direction to staff to see if we can come up with some type of conditional
escrow agreement consistant with our objectives, and it doesn't waive our rights and doesn't expose us to undue
risk.
VOTE ON MOTION: Passed and approved 4-1 with Alevy opposed.
ITEMS PULLED FROM THE CONSENT CALENDAR
None.
September 10, 1996
Minutes
Page 15
OTHER BUSINESS
18. CITY MANAGER'S REPORT(S~
a. Scheduling of meetings. Continued to 9/17/96.
b. Report on additional Assistant City Manager position. Continued from the meeting of 8/20/96, and continued
to 9/17/96.
c. Report on Chula Vista population change 1/1/96. Continued from the meeting of 8/20/96, and continued to
9/17196.
d. CIP Expenditures in Western Chula Vista. Continued from the meeting of 8/20196. Mr. Goss reminded
Council of the CIP tour this Saturday at 9:00 a.m.
MSUC 0torton/A!evy) to start the meeting of 9/17/96 at 5:30 p.m. to discuss dosed session items.
19. MAYOR'S REPORTfS}
a. Ratification of appointments:
Board of Ethics - Juan R. Gonzales
Board of Appeals and Advisors - M. Kevin O'Neill
Growth Management Oversight Commission - M. Keyin O'Neill
Otay Valley Road Project Area Committee (Mfg/Bus) - Charles E. Sutherland
Otay Valley Road Project Area Committee (At-Large) - Jose R. Doria
MSUC (Horton/Alevy) to ratify the appointments as recommended by the Mayor.
20. COUNCBL COMMENTS
Councilmember Rindone said the Mayor received a letter from Senator Feinstein in regard to HR3734, and he
requested that staff bring back a report to Council as soon as possible, but no later than two weeks from tonight,
regarding these impacts because of the seriousness of the immediate situation.
The meeting adjourned at 1:17 a.m.
ADJOURNMENT
CLOSED SESSION
21. CONPERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
· SNMB, L.P. vs. the City of Chula Vista and MCA.
2. Antidpated litigation pursuant to Government Code Section 54956.9
· Significant exposure to litigation pursuant to subdivision (b) Section 54956.9: 2.
· Metro sewer issues.
Minutes
September 10, 1996
Page 16
PUBLIC EMPLOYEE RELEASE - Pursuant to Government Code Section 54957
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Govermnent Code Section 54957.6
® Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers
(WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
22. REPORT OF ACTIONS TAKEN IN CLOSED SESSION:
by:
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk