HomeMy WebLinkAboutcc min 1991/12/10 MINUTES OF A REGULAR MEETING OF THE
CITY OF CHULA VISTA
Tuesday, December 10, 1991 Council Chambem
6:05 p.m. Public Services Building
CAIJ.RD TO ORDER
1. CALL THE ROLL:
PRESENT: Councilmembers Grasser Horton, Malcolm, Moore, Rindone, and Mayor
Nader.
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk.
2. PLEDGE OF AH.F. GIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: November 26, 1991 (City Council) and November 26, 1991 (Joint
Meeting City Council/Redevelopment Agency)
MSC (Rindone/Moore) to approve the minutes of November 26, 1991 (City Council) and November 26, 1991
(Joint Meeting City Council/Redevelopment Agency) as presented. Approved 4-0-0-1 with Councilman
Malcolm abstaining.
4. SPECIAL ORDERS OF THE DAY:
a. Proclaiming the Week of December 7 - 13, 1991 as 'PEARL HARBOR SURVIVORS WEEIC' -
The proclamation was read by Mayor Nader and presented to Chuck Mantz, representing the Pearl Harbor
Survivors Carnation, Chapter III of San Diego.
Mr. Mantz stated that as members of the Pearl Harbor Survivors Caruarion, Chapter III of San Diego, they
accepted the proclamation with deep respect. He said the Chapter wanted to make sure Pearl Harbor was
always remembered.
Councilman Rindone referred to the Proclamation, "WHEREAS, remembering Pearl Harbor helps to reaffirm
the lessons of World War II; that the United States cannot retreat into isolation;..." and stated it was
particularly important, in view of the economy of this nation and the appropriate roles that needed to be
learned from history, that it was a very trying time and a very important lesson, one which he hoped our
nation would never forget.
b. Oath of Office: Mobilehome Rent Review Commission - Oath of Office was administered
by City Clerk Authelet, certificates of appointment were presented to Andrew Delgado, Carl Grieve, Jeri
Vanderpool, Peter J. Watry, Jr. by Mayor Pro Tempore Moore. (15791)
Mayor Nader stated he had directed staff to poll those being sworn in for possible meeting dates for the
Minutes
December 10, 1991
Page 2
following week and understood there were a couple of cases already pending. He said they were embarking
on one of the tougher assignments and the hours of volunteer service they had agreed to put in was
appreciated and thanked them on behalf of the City Council.
Councilman Moore stated the Mobilehome Rent Review Commission had been one of the toughest
Commissions the Council had put together in several years. He said he would like to see that the City
Attorney and the City Clerk both attend the Commission's first meeting. He also thought it would be a good
idea to have someone from the mobilehome parks serve on the Commission as ex-officio.
c. Selection of Mayor Pro Tempore.
MSUC 0Vloore/Nader) to have Councilman Malcolm succeed Councilman Moore as Mayor Pro Tempore.
d. Recognition of Mayor Pro Tempore Moore. Mayor Nader made a presentation on behalf of
the Council to Councilman Moore. He stated it was a small token of appreciation and that Councilman
Moore had sewed many long hours as Mayor Pro Tempore and thanked him for all his help in the last
several years and in the years to come. (15792)
Councilman Malcolm stated that, without question, Councilman Moore had given more to the City than
anyone and reiterated his appreciation.
CONSENT CALENDAR
(Items Pulled: 5b, 5d, 6, 7 and 16)
BALANCE OF CONSENT CALENDAR OFFERED BY MAYOR NADER, reading of the text was waived, passed
and approved unanimously.
Mayor Nader asked if there was anyone in the audience for the mobilehome park issue and stated that it
had not been put on the agenda.
Chris Salomone, Director of Community Development, stated that staff had been directed to do a number
of things. Unfortunately, they were unable to accomplish all of them before the meeting. He said that the
Palomar closure was not eminent and a complete report would be presented at the meeting on 12/17/91.
Councilman Malcolm said he thought it was important that everyone understood that the January closure
date had been changed to mid-April of 1992, but people should continue to look for places to relocate and
suggested those people attend the next Council meeting.
5. WRiTIliN COIMIVIUNICATIONS:
a. Letter requesting Council's assistance in removal of a possible Fare hazard in the canyon
behind his home - Ben Wroblewski, 395 Surrey Drive, Bonita, CA 91902. It is recommended that Mr.
Wroblewski be informed of staffs findings and that this letter be filed. (15793)
b. Letter requesting consideration of a catering/conference center on Bonita Road - C. E.
Campion, President and Managing Partner, Prestige Hospitality Services, Inc., 1040 Isabella, Coronado, CA.
Staff recommends that this letter be considered in conjunction with the item on tonight's agenda regarding
the exclusive negotiation agreement with Joelen Enterprises for the Development of City-owned property in
Minutes
December 10, 1991
Page 3
the 4400 block of Bonita Road. Continued from meeting of 11/26/91. Pulled from Consent Calendar.
Discussed with Item #20. {15794)
c. Claims against the City - Claimant No. 1: San Diego Gas & Electric, c/o William C.
Kamenjarin, Attorney at Law, P.O. Box 1831, San Diego, CA 92112; Claimant No. 2: Dennis Wiley, 519 "E"
Street, Apt. D-15, Chula Vista, CA 91910. It is recommended that the claims be denied. (15795)
d. Letter stating desire to serve the City of Chula Vista by providing a message sign that could
promote community news, information and messages - Oscar Bonilla-Valdez, General Manager, Baja
California Newspaper, 210 Third Ave., Chula Vista, CA 91910. It is recommended that the Planning Staff
contact Mr. Bonilla-Valdez to clarify the request, and report back to Council at a subsequent meeting. Pulled
from Consent Calendar. (15796)
Councilman Malcolm stated he thought a decision should be made on whether message signs should be
allowed in Chula Vista and wanted to direct staff to bring back a report on the pros and cons of allowing
that type of sign in Chula Vista.
MSUC (Malcolm/Grasser Horton) direct staff to bring back a report on the pros and cons of message signs
with recommendations in 60 days.
Councilman Moore pointed out that it was not something that could be done in a few hours and needed a
lot of research.
Councilman Malcolm said that after the report, if staff recommended, it should be referred to the Planning
Commission.
6. ORDINANCE 2488 AMENDINGORDINANCE2436, SEGTIONlO.S2.480TOINCLUDENLIMBER
TEN PARKING LOT, SECTION 10.56.040, 10.56.290 AND 10.56.300 ALLOWING THE CITY TO PURCHASE
PERMITS (first reading) -In order to address the parking lot issues at the new Norman Park Center, a
subcommittee was organized with senior citizen representatives, City Councilman Leonard Moore, and a Park
and Recreation Commissioner. The following issues were addressed: creative ideas for use of on-site space;
determination of what spaces are available close to the center; facilitation of parking for City staff; and,
parking options for proposed lot at Center Street and Church Avenue. Staff recommends Council place
ordinance on first reading. (Director of Parks and Recreation) Pulled from Consent Calendar.(15797)
Councilman Moore said he did not know he was on the committee and he was concerned that there was
not more support. He was under the opinion that the City had been subsidizing the Parks & Recreation
Commission and the funds from the Commission had never paid their full way into all the lands purchased,
buildings being paid for and the parks being designed and constructed. One of the suggestions was to meter
the parking lot at Norman Center. He could appreciate the fact that the meters were to try to have traffic
mrn over a little faster, but if 14 meters were going to be put on City property, then he thought 14 meters
that were not on City property should be used for staff and others at Norman Center. He didn't think
sufficient action had been taken. Along with the recommendations from staff, he suggested that stenciled
canvas bags, indicating the meters were reserved for Norman Park Center, be put on 14 meters currently
taking in money on City property, those located in the parking lot north of the Center on Del Mar to Church,
for a trial period.
Councilman Malcolm thought some of the staff should not be parking there anyway, that they should be
parking further away. He suggested that the committee member go back to the subcommittee, return with
another proposal, and then if it is to be modified, work with those people that were truly using it and those
Minutes
December 10, 1991
Page 4
people that had developed a recommendation. A Councilmember was not there and no one could tell
Council what really went on so he thought it should be postponed.
Mayor Nader asked staff how time sensitive the item was.
Jess Valenzuela, Director of Parks & Recreation, said they would like to track it along with the opening of
the Center and they were shooting for February as far as the opening was concerned.
ORDINANCE 2488 WAS PLACED ON FIRST READING BY COUNCILMAN RINDONE, reading of the text was
waived, passed and approved unanimously.
Mayor Nader stated he had a concern because the staff recommendation indicated a committee, including
Councilman Moore, had made a recommendation and Councilman Moore obviously didn't serve on the
committee. He said he did not recall the Council creating the committee. The staff report indicated that
the Commission on Aging recommended the staff recommendation, yet the minutes of the Commission on
Aging actually showed a report with no action taken. He suggested more caution be taken on whose
recommendation and support was claimed in the staff report to Council.
7. REPORT APPROPRIATENESS OF FEES FOR ALL HOUSING UNITS, AND ANALYSIS
OF THE PROPER FEES IN THE WESTERN PART OF THE CITY - At the 11/5/91 meeting, Council considered
a request by Progress Construction, developer of a 4S-unit condominium complex at 1424 Third Avenue, to
waive the PAD fee increase for their development. Following Council discussion of parking funding
parameters, Council directed staff to provide a report and recommendations on the ability to collect
appropriate fees from all housing units and all development in Chula Vista and to review what the proper
fees should be on the west side of Chula Vista. Staff recommends acceptance of the report and approval of
the resolution. (Director of Parks and Recreation) Pulled from Consent Calendar. (15798 & 15799)
RESOLUTION 16431 APPROVING REQUEST TO WAIVE THE NEW PARK ACQUISITION AND
DEVELOPMENT (PAD) FEES FOR PROGRESS CONSTRUCTION COMPANY, INC. AT 1424 THIRD AVENUE.
Mayor Nader stated that Councilwoman Grasser Horton would be abstaining from the item due to conflict
of interest.
Councilman Rindone publicly complimented staff, stating there were a number of questions he had and staff
worked diligently in response. He was pleased with the answers they had in all areas. However, the one
aspect he wanted to talk about was the referral for the annual review of the DIF in looking at the master
plan and particularly the concerns on the parks on the west side. In the staff response to one of his
questions, the present DIF annual review was in progress and it was not feasible to provide a park DIF
project report and the projection was January 1993. He wanted to have a follow-up with staff and find out
if there was any way to expedite that so they didn't have to wait 13 months.
Mr. Valenzuela responded that the reason for not bringing it back for 13 months was due to the fact they
had to identify the types of projects that could go into a DIF, as well as costing those projects out. Because
the current DIF was being considered and to identify any future park projects, west or east of 805, and to
come up with a complete comprehensive list would be difficult to achieve.
Councilman Rindone stated he realized the task was an arduous one, but it was critical in trying to address
the shortage of parks on the west side and felt staff could delay the current report for a couple months to
include that additional staff time. He thought it was an issue that was of great importance and hoped staff
could offer some suggestion to be a little more aggressive on the time line.
Minutes
December 10, 1991
Page 5
John Goss, City Manager, stated he thought it would be good to get some of the data in place so they could
proceed with some of the public facility DIFs, i.e. the fire station master plan and the library master plan.
He said they had to go ahead and identify sites and locations, after that it was relatively easy because they
were looking at newly developed areas and vacant properties. They would know what the square footage
was and a general idea of what the cost would be per square foot and then get a general idea of what the
cost for the master plan would be to implement. He thought that where staff was running into a problem
was on the western side of the City which was more difficult because they were not only looking at locating
sites but also looking at locating occupied sites that would require land acquisition and that was always a
questionable issue. Basically, it would be a master plan for the western part of the City which staff felt
would be a very valuable project once it was completed, but would take some time. Once completed, staff
would be in a position to know what the costs would be and could start calculating from that. He was not
sure if staff was three months or six months away from completion as he was not sure how far along the
report was.
Councilman Malcolm thought it may be wise, at budget time, to see how it was proceeding, than to wait
13 months and have a surprise. He asked the City Attorney if an apartment DIF could be implemented in
some type of reasonable time frame.
Bruce Boogaard, City Attorney, advised Council that Richard Rudolf of his office had given advise on that
particular issue, but he hadn't had time to personally research the conclusions.
Mr. Valenzuela said that according to the City Attorney's Office, it was felt that a parks DIF for apartment
complexes was the best avenue to take and, if approved, it would be implemented as soon as possible.
ACCEPTANCE OF REPORT AND RESOLUTION 16431 OFFERED BY COUNCILMAN MALCOLM. Approved
4-0-0-1 with Councilwoman Grasser Hotton abstaining.
Councilman Moore questioned why something had not been done with multi-family units before if they
couldn't get Pad Fees and, if that failed, why not do something with apartments to ensure that they do on-
site recreation. He asked staff if something like that was in effect now.
Mr. Valenzuela answered that if it was mapped then the City collected Pad Fees. As far as credit was
concerned, he could recommend to Council and the City Manager that a certain amount of credit be given
to a private payer.
Councilman Moore said that as far as getting more park land or land available for recreation, he wanted to
know if staff had pursued the green belt in southwest Chula Vista which might help solve the problem more
economically than buying buildings and tearing them down.
Mr. Valenzuela answered that, hopefully, through the Otay Regional Park planning process they could
identify potential areas that were available for purchase and eventual development. He also said another
possibility they were looking into was a shared use policy with the school district, that would include both
the elementary and Sweetwater Junior High School District, to look at areas like Hilltop High School and
Junior High School in areas that had potential and had not been developed yet.
Mayor Nader asked why they had to wait until 1993 rather than immediately proceed to use the existing
DIF schedule for condominiums as for apartn~ents.
Councilman Malcolm explained that on condominiums the City collected, apartments they do not and they
had to implement a new ordinance to allow them to collect.
Minutes
December 10, 1991
Page 6
Mayor Nader said the staff report indicated it would be brought back to Council in January of 1993 with
implementation by April of 1993. He suggested staff bring back, as soon as possible, an ordinance that
applied to apartments the fees currently applied to condominiums and then go ahead and do the staff review
as to what changes, if any, were appropriate in the overall park acquisition DIF
Mr. Valenzuela said the only extensive studies done were to identify existing capital needs at the present.
MSC CNader/Moore) to refer to staff the question of immediate extension to apartments of the DIF fee for
parks that is currently charged to condominiums on the basis that the impact is the same and asked staff
to report back to Council with an appropriate recommendation as to whether the City could justify charging
that fee to apartments on that basis. Approved 4-0-0-1 with Grasser Horton abstaining.
8. RESOLUTION 16432 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PURCHASE OF
MICROCOMPLrFERS AND MISCRI.IJMNEOUS EQUIPMENT - Bids were received and opened on 11/22/91 for
the purchase of microcomputers and miscellaneous related equipment for use City-wide. The equipment was
approved in the FY 91-92 budget. Staff recommends approval of the resolution. (Director of Finance)
(15800)
9. RESOLL1TION 16433 ACCEPTING BIDS AND AWARDING CONTRACTS FOR PURCHASE OF
OFFICE FURNITURE FOR NORMAN PARK CENTF~ - Bids were received and opened on 11/27/91 for office
furniture for Norman Park Center. Specifications require the successful bidder deliver and install furnishings
to a specific location. Staff recommends approval of the resolution. (Director of Finance) (15801)
10. RESOLUTION 16434 AMENDING FISCAL YEAR 1991-1992 BUDGET PROVIDING FOR AN
UNEMPLOYMENT INSURANCE TRUST FUND APPROPRIATION TO THE UNEMPLOYMENT INSURANCE
ACCOUNT - Unemployment insurance benefits paid by the Employment Development Department are
reimbursed by the City each quarter. This appropriation from the Unemployment Insurance Trust Fund will
pay for benefits paid out during the first two quarters of 1991. (Director of Personnel) 4/Sth's vote
required. (15802)
11. RESOLUTION 16435 APPROPRIATING FUNDS TO THE IIBRARY'S CALIFORNIA LIBRARY
SERVICES ACT (CLSA) lITERACY GRANT ACCOUNT 216-2161 AND AMENDING THE FISCAL YEAR 1991-
1992 BUDGET - In FY 91-92, the California State Library granted financial assistance for participation in the
California Library Literacy Services program in the amount of $31,575. The Library's CLSA Literacy Grant
Fund (216-2161) was budgeted at $27,200. In order for the City to be able to spend the full grant amount,
the budgeted amount must match the grant award amount. Staff recommends approval of the resolution.
(Library Director) 4/Sth's vote required. (15803 & 15804)
12. RESOLUTION 16436 ACCEpTINGBIDANDAWARDINGA$18,220CONTRACTTOEASTWOODS
TENNIS SURFACE, INC. FOR RESURFACING OF TENNIS COURTS AND MULTI-PURPOSE COURTS AT
VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA - On 11/13/91, the Director of Public Works received
one sealed bid for resurfacing of eight tennis courts at two different locations (Eucalyptus Park and
Southwestern College) and resurfacing of multi-purpose courts at two different locations CValle Lindo Park
and Rohr Park) in the City of Chula Vista. Staff recommends approval of the resolution. (Director of Public
Works) (15805)
Minutes
December 10, 1991
Page 7
Councilman Rindone stated there had been several questions he had and was quite pleased and satisfied
with the answers staff had provided. There was only one bidder, but their homework was done well, it came
in well below the cost. He thought it was good public information that Council looked very carefully at
those, especially when there was only one bid. He said staff had done an excellent job.
13. RESOLUTION 16437 ACCEPTING BIDS AND AWARDING A $58,046 CONTRACT TO LEKOS
ELEt,-t'RIC, INC. FOR TRAFFIC SIGNAL INSTALLATION AT CAMINO DEL CERRO GRANDEqtSURREY DR1VE
AND OTAY LAKES ROAD IN THE CITY OF CHHLA VISTA - On 11/26/91, the Director of Public Works
received sealed bids for traffic signal installation at Camino Del Cerro Grande/Surrey Drive and Otay Lakes
Road in the City of Chula Vista. A low bid of $58,046 was received from Lekos Electric, Inc. This low bid
is below the Engineer's estimate of $80,500. Staff has reviewed the low bidder's contract and recommends
awarding said contract to Lekos Electric, Inc. in the amount of $58,046. Staff recommends approval of the
resolution. (Director of Public Works) (15806)
14. RESOLUTION 16438 INTENTION TO FUND PHASE II IMPROVEMENTS OF THE 1-805 AND
TEl .F-GRAPH CANYON ROAD INTERCHANGE UTILIZING THE EASTERN TERRITORIES TRANSPORTATION
DEVELOPMENT IMPROVEMENT FEE PROGRAM FUNDS - Improvements of the 1-805 and Telegraph Canyon
Road interchange are deemed necessary to provide relief for existing congestion and to provide additional
capacity to serve anticipated traffic growth. Proposed improvements for the interchange are divided into
two phases. Phase I is the signalization of the south to westbound off-ramp and related ramp improvements.
Phase II consists of the widening of the south side of Telegraph Canyon Road under 1-805 to provide a third
eastbound lane. The proposed resolution expressing intention to fund the Phase II improvements of
Telegraph Canyon Road at 1-805 will authorize the state to start the preparation of a project study report.
The project study report will define the scope of work necessary to serve anticipated traffic growth. Staff
recommends approval of the resolution. (Director of Public Works) (15807)
15. RESOLUTION 16439 ACCEPTINGCON'IILACTWORKFORCONSTRUCTIONOFIMPROVEMF. aNTS
OF FIFTH AVENUE FROM 'L' STREET TO NAPLES STREET IN THE CITY; APPROVING CHANGE ORDER
NUMBER ONE; AU'I~IORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE IT ON BEHALF OF THE
CITY; AND, APPROPRIATING FUNDS FROM THE UNAPPROPRIATED GAS TAX FUND BALANCE - On
9/5/90, the City Council, by Resolution 15784, awarded a contract to Southland Paving, Inc. in the amount
of $906,341.72 (including construction) for the improvement of Fifth Avenue from "L" Street to Naples
Street. The project is now completed. To complete the project, however, it was necessary to make a number
of revisions to the plans. These revisions were made so the project progressed, on a time and material basis,
the most economical and equitable contract revision provision provided by the "Green Book." The net result
of these revisions were to increase the original contract amount of $880,310.72 by $62,881.13, bringing the
final contract cost of the project to $943,191.88. Staff recommends approval of the resolution. (Director
of Public Works) 4/Sth's vote required. (15808)
16. REPORT ACCEPTANCE OF CITY OF CHULA VISTA ALIDITED FINANCIAL
STATEMENTS FOR THE YEAR ENDED JUNE 30, 1991 AND AUDITOR'S OPINION - The accounting tirm,
Deloitte & Touche has examined the general purpose financial statements and in their opinion, the financial
statements present fairly the financial position of the City of Chula Vista as of 11/30/91. Staff recommends
acceptance of the report. (Director of Finance) Pulled from Consent Calendar. (15809)
Councilman Rindone stated staff had indicated that in 1990 they had gone out on a selection process for
auditors and he thought that was excellent. There were sixteen firms staff had sent information to and,
Minutes
December 10, 1991
Page 8
according to the staff report, six submitted bids and one was selected. He said they were in the second year
of using the same firm and he was comfortable wir_h that. What he was really interested in trying to pursue
was that Council may want to consider providing staff with some direction as to how often to go out for
auditors. Staff said that although there was no formal policy by the City Council, they normally maintained
the same auditors for three to five years and he thought that was appropriate. He thought it was good
business practice to insure that auditors of a firm also be periodically reviewed. He was interested in
pursuing a formal policy or recommendation from staff in regard to the frequency in which that would be
put out to bid. He stated he would be comfortable with staff reassurance that it would be an arrangement
from three to five years, but no more than five years.
City Manager Goss said he was not sure there was any particular formula but they could look at it.
MSUG 0~indone/Nader) to accept the report.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
17. PUBLIC HFAPdNG TO CONSIDER AMENDING THE MASTER FEE SCHEDUI~ TO ESTABLISH
FEES FOR SPECIAL EVENTS (CONCERTS, CIRCUSES, CARNIVALS) TO FUILY RECOVER STAFF COSTS -
Public Hearing continued to 1/21/92. (15810)
MSUC CNader/qVIoore) to continue the Public Hearing to 1/21/92.
18. PUBLIC HEARING REGARDING INCREASE IN BUSINESS LICENSE TAX RATES FOR
BII.I.ROARDS (Director of Finance and Revenue Manager) (15811 & 15812)
ORDINANCE 2489 INCREASING ANNUAL BUSINESS LICENSE TAX RATES FOR Bll .I .ROARDS
TO $150 PER BII.I.ROARD, TO BE EFFECTIVE JANUARY 1, 1992 (first reading)
Cheryl Fruchter, Revenue Manager, stated the four companies owning billboards in Chula Vista had been
notified by letter of the public hearing and had been sent a copy of the agenda statement. No response had
been received.
This being the time and place as advertised, the public hearing was declared open.
Thomas Malinoski, representing Gannett Outdoor, 4450 Alvarado Canyon Road, San Diego, CA 92120, spoke
in opposition of staff recommendation. He stated his company was laying off union employees, as well as
non-union employees and that it would be an expense they would be unable to pay. He asked that they be
able to meet with staff to discuss the matter.
There being no further public testimony, the public hearing was declared closed.
ORDINANCE 2489 WAS PLACED ON FIFLST READING BY COUNCILMAN MALCOLM, reading of the text was
waived, passed and approved unanimously.
Minutes
December t0, 1991
Page 9
City Attorney Boogaard, stated the effective date on taxes would actually be the date of adoption, but there
was no need to change the wording.
ORAL COMMUN/CATIONS
a. Ray Chalupsky, 1111 Bay Blvd., Chula Vista, CA 91911, representing Integrated Systems Analysts,
asked the Council to review the document on requests for proposals for Computer Dispatch Systems and a
Fire Records Management System for the Fire and Police Departments for the City of Chula Vista. He said
the reason he was there was because they had 45 employee/owners who reside in the area that the
document covered and their future employment was dependent, in part, on whether they, as the only Chula
Vista company in that field, were able to bid on the work. He said they had been in business for over ten
years and located in Chula Vista for the past six years. Their proven track record was a matter of public
record. Integrated Systems Analysts was working hard to protect their most valued resource. He said that
if the document proceeded to the inevitable conclusion without consideration for local participation, keeping
all 45 local residents on their payroll was going to be difficult. The City of San Diego paid over $8 million
for their system, Oceanside and Escondido tied at $1.1 million apiece and the winning contractor failed
because he bid too low. The bottom line was the system was going to cost a lot of money and not one cent
would go to a Chula Vista resident. Because it was their money at risk, they would have a real interest in
performing to the City's expectation. He asked how they could get started if their home city would not give
them a chance. (15813}
Mayor Nader suggested that any written material be submitted to the City Clerk for distribution. He also
asked staff to provide an informational report on bid requirements for local businesses.
Councilman Malcolm suggested Mr. Chalupsky meet with the City Manager's office as soon as possible.
b. David Jordon, 1550 Point Dumo Court, Chula Vista, CA 91911, stated he was a homeowner and
there to represent himself. He said that a month ago a massive amount of graffiti started taking place in
the Point Robinhood area. A good portion of the graf~ti had been corrected but unfortunately been written
over again. He had contacted 6 agencies, 9 offices and 14 officials. Of all those he contacted, the people
in the Public Works, Dave Byers and Ted Larson, were most effective and responsive and he did not see any
problem as far as going back and eradicating that which had been done. He learned from the Police
Department that Chula Vista now had the most notorious gang in the State of California as a resident in that
area. He had been advised by the Police Department that the City could not provide any type of detective
work in his area, that if he wanted to correct it, he would have to report it and an emergency call would
be put out. He didn't think that was a solution. He said he would submit a letter to each member on the
Council describing, in detail, what he hoped they would do within a week to hold a public hearing and let
the residents address the Council on how they felt about destruction of their public property and the
jeopardy his family and the residents that live around him were being placed. He said he wished he could
say that he had received some positive returns from the District Attorney, from a concerned Councilman and
from the Crime Prevention Department, but he did not. And, if he could not receive protection from the
City, he was going to request that he be deputized. He had already put together concerned citizens and he
wanted them deputized so that, if necessary, they could take care of the matter themselves. (158142)
Mayor Nader asked staff to provide a report to Council. He said apparently there was some information
available to the Police Department that Council was not aware of concerning a specific gang problem in that
neighborhood.
City Manager Goss stated more information was needed and that staff would investigate the situation.
Minutes
December 10, 1991
Page 10
Councilman Moore said the public gets very upset when their personal property and the area around them
was defaced with graf~ti and that very litfie was done with the culprits.
c. H. Busch, 80 "H" Street, Chula Vista, CA, stated he had just returned from abroad and thought it
interesting to view his elected officials. He thought Council had difficulty in making a decision and that the
one thing he had not heard brought up was the concern for, and what was being done about, water.
Mayor Nader stated that Mr. Busch's point was well taken. Councilman Moore and he were delegated to
sit on an Interagency Water Task Force with representatives of the Otay and Sweetwater Water Districts to
explore ways to better assure future water supplies.
ACTION ITEMS
19. RESOLUTION 16440 APPROVING PARTICIPATION IN THE PUBLIC AGENCY RETIREMENT
SYSTEM (PARS) - The Omnibus Budget Reconciliation Act (OBRA) 1990 requires the City to provide social
security, or an alternative retirement program, to part-time employees effective 1/1/92 and recommends the
City adopt PARS. Staff recommends approval of the resolution. (Director of Personnel) 4/Sth's vote
required. (15815)
RESOLUTION 16440 WAS OFFERED BY MAYOR NADER, reading of the text was waived, passed and
approved unanimously.
20. RESOLUTION 16428 DIRECTING STAFF TO CONFER WITH JOELEN ENTERPRISES FOR THE
PUlLDOSE OF PREPARING A PROJECT DEFINITION UNDER CEQA AND FOR APPROVING AN EXCLUSIVE
NEGOTIATING AGREEMENT WITH JOELEN ENTERPRISES FOR THE DEVELOPMENT OF A DISPOSITION
AND DEVELOPMENT AGREEMENT WHICH MIGHT IMPLEMENT SAID PROJECT AND TO RETURN SAME
TO THE CITY COUNCIL FOR THEIR REVIEW AND CONSIDERATION - At their 4/23/91 meeting, Council
directed staff to bring forward an Exclusive Negotiation Agreement (ENA) with Joelen Enterprises for
development of a resort golf hotel on the site. Council further directed that Joelen Enterprises conduct a
preliminary market feasibility study to determine the viability of the project. Both the ENA and the market
study were to be returned within 120 days. On 9/3/91, Council approved a 60 day extension for Joelen
Enterprises. Staff recommends approval of the resolution. (Director of Community Development)
Continued from meeting of 11/26/91. (15816)
Cheryl Dye, Economic Development Manager, stated staff was requesting that Council approve an Exclusive
Negotiation Agreement with Joelen Enterprises to negotiate a disposition and development agreement for
development of a golf resort hotel on City-owned property adjacent to the municipal golf course. The
recommendation was a combination of a process that began over a year ago with an RFP (Request for
Proposals). Council reviewed four proposals and in April instructed staff to negotiate with Joelen
Enterprises. They also requested that the developer bring back a market study which was before Council
that evening. She stated that the study showed there was no direct competition for the mid-range golf resort
hotel in that area. The project would also entail master planning, roughly seven to nine acres shown on the
map, there was a three-acre City-owned vacant parcel and an adjacent parcel that currently included the
restaurant, pro shop, possibly the driving range, 18th hole and parking lot. Those would all be upgraded
and integrated into the overall master plan project. During the term of the ENA, the scope of the project
would be specifically defined, the improvements would be defined, lease terms with the City would be
defined. Additionally specific performance items had been identified in the ENA that the developer must
meet by certain time frames, including an agreement with American Golf, site plan, a more comprehensive
Minutes
December 10, 1991
Page 11
feasibility study and the application for the environmental initial study. If at any time they could not agree
on terms of the DDA, then the ENA could and would be terminated by the City or by the proponent. The
economic impact was estimated at roughly $500,000 to $1,000,000 annually for the project from Transient
Occupancy Taxes, lease payments, percentage of operating revenues, and property taxes. She said that Josef
Citron, a general partner in Joelen Enterprises was present and wanted to make a presentation.
Councilman Moore stated there had been a problem at Bonita Road and Otay Lakes Road. The consensus
among a lot of people was that they should make that four comers and delete the access on the curve on
Bonita Road where it was at the present time and asked if there were any other intentions of staff about that
access.
Ms. Dye answered that specifics of the traffic would be negotiated during the ENA period. They had met
with the engineering staff and at that time felt those were items they needed to sit down and discuss during
that period. She stated that a traffic study would be included in the environmental review.
Councilman Moore stated the reason he had brought that up was because a study had been done and there
was a problem with the present intersection. Everyone knew that an access on a curve was not necessarily
ideal and he would hate to think that the negotiations may end in the same situation as they had then.
Josef Citron, 13 Green Turtle Road, Coronado, CA 92118, general parmet, Joelen Enterprises, stated he really
thought that the presentation had been made in their proposals and they were continuing to work on the
project. The plans, the architect and the landscape designer had been working to refine the plans that were
originally presented and there had been no major change as far as what the project consisted of in that area.
The study the City asked them to have done was done and had been studied by staff and he thought was
part of the record. He thought the project was capable of being successful and they were very conscious
of the hotel situation today as well as the rest of the economy and they had just opened their resort in
Coronado, the Loewes Coronado Bay Resort. He said they were prepared to work with the City Planners and
if there was a desire to have that intersection changed then they had the opportunity, together with
American Golf, who had the lease on that part of the land, to remedy the situation.
Councilwoman Grasser Hotton asked if Mr. Citron had someone at the meeting who had been involved in
the marketing study.
Mr. Citron answered that he did not, but he could arrange to get the principles to appear before the Council
if it were important.
Councilwoman Grasser Horton said she wondered why they left out a property that she thought was
probably more profitable because it was a mid-range golf type resort and that was the San Marcos Inn,
commonly known as the Quails Inn, in San Marcos. They had an average occupancy for the year 1990 of
a low 40% range and for 1991 the middle 40% range and that was not included in the report.
Mr. Citron stated he would put that question to the principles the next day and request a report which he
would then forward to Council and staff.
Dick Kau, 3404 Bonita Rd., Chula Vista, CA 91910, spoke in favor of staff recommendation and stated he
had known the Citrons for a long time and spoke very highly of them.
Rick Crochet, 5818 Antigua Blvd., San Diego, CA, representing American Golf Association, spoke in favor
of staff recommendation stating he was fully behind the project.
Minutes
December 10, 1991
Page 12
Councilwoman Grasser Horton asked if the resort project were approved, how it would accommodate groups
of people. She was hearing from the public that it was already a crowded facility on the weekends.
Mr. Crochet said he could not really answer that question from a corporate standpoint. The golf course had
not been totally occupied on the weekends nor during the week for the past six months to a year. Normally
what would happen in those situations was that the hotel would be given so many tee times and the rest
would be reserved for the public. The actual percentage of that would have to be answered by the corporate
office.
Alan Sachrison, 3806 Bonita View Dr., Bonita, CA 91902, spoke in opposition of staff recommendation.
C.E. Campion, 1040 Isabella Ave., Coronado, CA 92118, President and Managing Director of PHS Company,
otherwise known as Prestige Hospitality Services, stated that in September of 1991 they began a search for
a viable location in the private sector in which to transfer their successful catering/conference operation.
They came upon the facility known as the South Bay Restaurant located at 4475 Bonita Road. In
preliminary discussion with American Golf Corporation, the current leaser, they were pleased to learn that
they were willing to entertain a possible sublease of the facility as allowed under their current lease and
somewhat disheartened to also learn that the City of Chula Vista was well along in their developmental
planning stages to build a mid-scale hotel facility at that site. One of the attractions the site had over others
they were considering was that the current lease term had approximately 4 1/2 years remaining and there
were two 5-year options. Mr. Campion left articles with the City Clerk relating to the state of the hotel
industry today and in the foreseeable future.
Councilman Malcolm stated Council would have no problem with PHS sitting down with American Golf now
and negotiating a deal, reviewing that proposal, possibly approving it for 4 1/2 years plus two 5-year options
and allowing him to proceed. He told Mr. Campion not to let the project stop him.
Councilman Kindone stated there was a lack of banquet facilities in Chula Vista, as well as facilities for high
school proms, and he would also encourage Mr. Campion to sit down with American GolL
Ms. Dye stated the proposal from Joelen Enterprises currently called for total meeting space of about 14,000
square feet which included about 8,000 square feet of banquet space and the proposal did consider
demolishing the existing restaurant and constructing a new upgraded restaurant facility as an integrated part
of the project which would be a part of on going negotiations.
Margaret Part, 8914 Memike Place, San Diego, CA 92119, a real estate agent representing Mr. Campion,
spoke in opposition of staff recommendation.
George Kost, 3609 Belie Bonnie Brae Rd., Bonita, CA 91902, representing Sweetwater Valley Civic
Association, spoke in opposition of staff recommendation. He stated the park belonged to everyone and had
been paid for by the tax payers.
Richard Pena, 5153 Sunnyside Dr., Bonita, CA 91902, spoke in opposition to staff recommendation.
Councilman Malcolm stated there was no financial risk to the City of Chula Vista. Staff had done an
incredible job and he suggested the project proceed.
Councilman Kindone stated he supported staff recommendation. He appreciated the attitude and effort to
provide a quality facility in ChuIa Vista. Joelen Enterprises was not coming to Chula Vista to lose. He
looked forward to the City accommodating its own citizens, particula~y the needs of its youth and felt it was
a positive move and would be very beneficial. He also felt it was a quality opportunity for all.
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December 10, 1991
Page 13
Councilwoman Grasser Horton said she did not think it would be an economically viable project and had
a problem with the marketing study which was done. She thought the Bayfront was a better location for
that kind of project.
Mayor Nader stated he hoped the project worked and was a success. He said he continued to feel that the
proposal for a combination park and office use was a safer bet and also a project more consistent with the
surrounding community. He felt there were other more solid revenue producing uses that would also
provide recreational components to the public and be more consistent with the existing community.
RESOLUTION 16428 OFFERED BY COUNCILMAN MOORE, reading of the text was waived, passed and
approved 3-2 with Councilwoman Grasser Hotton and Mayor Nader opposed.
Councilman Rindone pointed out for public consumption that one of the major tasks that the agreement
provided for was a comprehensive project feasibility study.
21. REPORT GRANTING DEVELOPMENT IMPACT FEE (DIF) CREDIT FOR RIGHT-OF-
WAY DEDICATION, KELTON PROjECT, SOUTHEAST CORNER OF OTAY LAKES ROAD AND EAST H - At
the 8/27/91 meeting, Council directed staff to prepare a report relative to the applicants request for DIF
credit for right-of-way dedication which was a condition of their development. Staff was instructed to
consider what had been requested on past projects and was directed to include a discussion of impacts which
might result from granting DIF credit for right-of-way dedication. Staff recommends acceptance of the
report. (Director of Public Works) Continued from the meeting of 10/22/91. (15817)
MSC (Moore/Malcolm) to accept the report, option #1, as recommended by staff. Approved 4-1 with
Councilman Rindone opposed.
Mark Kelton, 5109 Waring Rd., San Diego, CA, representing Kelton Title Corp., spoke in favor of staff
recommendation and thanked the City Manager and staff for all their help.
Councilman Moore asked that staff read the recommendation for clarification.
City Manager Goss replied that option #1 was the credit for any portion in excess of 10% of the parcel based
on the commercial value of the property and was the analysis that was incorrectly identified as alternate 2
on page 21-6.
Mr. Kelton stated that part of the way the issue arose had to do with the fact that there was something close
to about a 50% increase in the fee from $84,000 to $122,400 and asked staff if they thought that in the next
year or so they would be likely to see any similar type of percentaging.
Councilman Malcolm answered probably so.
Mr. Kelton asked if they could agree to fix the amount, using the current fee minus the credit, and give them
12 months to fulfill the permits.
Councilman Malcolm answered they could not do that because if they did that for him, they would have to
for all the developers, but they would commit to him they would notify him before considering any increase.
He thought staff had done a fair analysis and treated Mr. Kelton fairly.
Councilman Rindone stated the particular issue was more significant than the project they were voting on
because it was setting a policy and a precedent. He stated they had an extensive discussion on the item in
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December 10, 1991
Page 14
November about the notification. The whole issue had changed significantly and he could not support staffs
recommendation because he thought it was overly fair.
Councilwoman Grasser Horton said she thought if an independent appraisal of the land were done, the value
would be greater than the $23 a square foot and in all fairness to the developer any amount over the 10%
would be in excess.
Councilman Moore asked if the DIF mentioned on page 21-7 was a plus or minus as it pertained to the
developer.
City Manager Goss answered that it would be a deficit to the property owner.
Councilman Rindone said he was trying to point out the impact in the long run. He said he would be
comfortable with a recommendation for staff to come back with a policy and they understood where the
Council was going.
Mayor Nader thought there was merit in maintaining flexibility on a case by case basis to do what seemed
best for the City under the circumstances of a particular situation. This was the most equitable way to go
for the City, as well as the developer.
MSC (Rindone/Malcolm) to direct staff to come back with an informational report regarding future credits.
Passed 4-1 with Mayor Nader opposed.
BOARD AND COM1V~ISSION RECOMMENDATIONS
22. Letter requesting Council reconsider funding the Cultural Arts Coordinator position - Dency Souval,
Chair, Cultural Arts Commission. (15818)
Dency Souval, 698 Gilbert Place, Chula Vista, CA 91910, Chair of the Cultural Arts Commission, spoke in
favor of a Cultural Arts Coordinator. She thought a Cultural Arts Coordinator could provide a lot of
programming for the young people of Chula Vista.
Larry Dumlao, 650 Rivera St., Chula Vista, CA, a member of the Cultural Arts Commission, stated that as
an artist he had worked with many Cultural Arcs Coordinators and spoke in favor of a Cultural Arts
Coordinator.
Susan Dilts, 309 Rancho Santa Fe Rd., representing the San Diego Art Institute, 1449 El Prado, Balboa Park,
San Diego, CA 92101, spoke in favor of a Cultural Arts Coordinator.
Councilman Moore stated the arts were seldom self-supportive, therefore they were government supported.
There was also a truism that there was an economic spin off and since the City did have a cultural arts
program, the difficulty he was having was that in these economic times, should they take the gamble. The
other truism was that if there was a good staff member, they could bring in more funds than the staff
person's cost. He stated he had mixed feelings.
Councilman Malcolm said the request was difficult to deal with. He thought it should be dealt with at
budget time and suggested it be looked at in coordination with another city.
Minutes
December 10, 1991
Page 15
Mayor Nader said that in terms of the current year's budget, it would not be a full impact because the fiscal
year was half over. He suggested a report back to Council in four weeks that would include whether it
would be advisable to grant a position for the balance of the current fiscal year with the understanding that
the top priority of that person would be to obtain grant and private sector funding.
Councilman Rindone stated the Cultural Arts Commission was one that the community felt strongly about
and maybe the time really had come to start supporting some of those ideas.
MSUC (Nader/Rindone) to refer back to staff for a report back to Counc~ in four weeks (1/7/92).
Ms. Souval thanked the Council for their timely appointment of Melody Cernitz to the Cultural Arts
Commission.
Councilwoman Grasser Horton asked Ms. Souval if it were possible for the Commission to bring back a
report to the meeting on 1/7/92 on what programs the Commission would be offering the youth of the
community.
Ms. Souval answered they would be happy to and would also be willing to work with staff regarding grants.
Councilman Moore stated he liked the potential of sharing with smaller cities, but not necessarily San Diego.
ITEMS PUIJ.RD FROM THE CONSENT CALENDAR
Items pulled: 5b, Sd, 6, 7 & 16. The minutes will reflect the published agenda order.
OTHER BUSINESS
23. CITY MANAGER'S REPORT(S)
a. City Manager Goss seated there would be a special meeting of the City Council on Friday, 12/13/91,
to discuss his evaluation. He thought it should reflect that the meeting, when adjourned, adjourn to the
special meeting of 12/13/91 and not the regular meeting of :12/17/91. He also asked that the item under
the evening's closed session "Appointment of Department Head..." be continued until the special meeting on
12/13/91.
MSUC (Nader/IVIalcoIm) to continue the dosed session item, 'Appointment of Department Head...', to
12/13/91.
24. MAYOR!S REPORT(S)
a. MSUC (Nader/IVIalcolm) to ratify appointment of Nicole Marie Cazares, Ty Meservy, Jamal
McCullough, Joe L. Page III, and John Jenney (reappointment) to the Youth Conunission. (15819)
b. Mayor Nader stated there had been meetings in the last couple weeks over the prospect of the Red
Star Russian Challenger in the America's Cup being based in Chula Vista. He had met with Mr. Cavanaugh,
among others, and Mr. Cavanaugh had indicated a willingness and interest to be supportive. The location
of the Russian Challenger in Chula Vista would be a tremendous opportunity for cultural and educational
Minutes
December 10, 1991
Page 16
exchanges that could develop into a Russian sister city for Chula Vista and would also be a tremendous
opportunity for business contacts between Chula Vista and opening markets behind what use to be the iron
curtain. He said Councilman Moore had agreed to head up a citizens support task force, in the event that
the Red Star Challenger was located in Chula Vista, to help coordinate citizen volunteer efforts and to
exchange programs. He was making the announcement in the event that someone was interested in
participating or might be able to offer some specific services and if so, they should contact Councilman
Moore or himself at City Hall.
25. COUNCIL COIVI1VIEiXFFS
Councilman Moore: Review of sign ordinance.
Councilman Moore said he understood that Mayor Nader also had concerns regarding the sign ordinance.
He said he still hears from a number of people that the problem was the discretion by staff of the ordinance.
If he was a policy maker and his vote said people could have a free standing poll and each lot should be
allowed one free standing poll subject to certain conditions, then a staff member certainly shouldn't exceed
that because that would be a violation of the law. Staff seemed to have and, probably did have, in some
printed form, the ordinance and what discretion they were allowed. He thought the height of signs, square
footage of signs, verbiage on the signs, and the amount of lettering per square foot were the areas that
needed to be reviewed. He was not saying staff was good, bad or indifferent, but that there was a policy
that had a lot of discretionary powers in it.
Mayor Nader stated it seemed the biggest flaw in the ordinance was the amount of discretion, but was not
saying staff should have no discretion at all. What he had heard was there was a perception that whether
a sign was legal or not depended on who they talked to on a given day at the counter.
Councilman Moore asked why all pole signs were referred to the Design Review Committee and wanted to
know if that was policy or discretionary.
Mayor Nader said he thought it may be appropriate to set up a Council subcommittee to work with staff
prior to the item coming back in January so recommendations could be presented to Council.
Councilman Malcolm said whatever committee was set up should work with the Design Review Committee
and get their input.
Councilman Malcolm: Letters of support to cities of La Mesa and San Diego regarding Mr. Helix and Mt.
Soledad. (15020)
Councilman Malcolm suggested that a letter be signed by all Councilmembers showing support of
maintaining the crosses on Mt. Helix and Mt. Soledad.
MSUC OVIalcolm/Grasser Horton) to send letters showing support.
Councilman Rindone:
Councilman Rindone complimented staff on the Council Policy Manual draft and requested that it be referred
to the first meeting in January and not the following week.
Minutes
December 10, 1991
Page 17
Councilman Malcolm stated the Council Policy manual would be redrafted and given to Council the
following Tuesday. Additional comments would be received and another draft done.
ADJOURNMENT
The City Council recessed at 9:43 p.m. and met in a closed session at 9:58 p.m. to discuss:
Instructions to negotiators regarding personnel pursuant to Government Code Section 54957.6.
Potential litigation pursuant to Government Code Section 54956.9 - Otay Municipal Water District.
Appointment of Department Head pursuant to Government Code Section 54957.
MSUC (Nader/Malcolm) to continue to the meeting of December 13, 1991.
Adjourned at 10:40 p.m. to a Special City Council Meeting on December 13, 1991 at 4:00 p.m. in the City
Council Conference Room.
A Special Joint Meeting of the City Council/Redevelopment Agency convened at 9:43 p.m. and adjourned
at 9:57 p.m.
Respectfully submiRed,
BEVERLY A. AUTHELET, CMC, City Clerk
by: ~~ ~d/-/~..'
Carla J. Griffin, Administrative Secretary