HomeMy WebLinkAboutcc min 1994/11/15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, November 15, 1994 Council Chambers
6:27 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Hotton, Moore, Rindone, and Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Vicki C.
Soderquist, Deputy City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: November 1, 1994 and November 8, 1994.
MSUC (Fox/Rindone) to approve the minutes of November 1, 1994 and November 8, 1994 as presented.
Councilmember Horton abstained on the minutes of November 8, 1994.
4. SPECIAL ORDERS OF THE DAY:
a. RESOLUTION 17713 COMMENDING CHULA VISTA MARINA/RV RESORT The Resolution
was presented by Mayor Pre Tem Hotton to Ron McElliott representing Income Property Group.
b. Retiring Board and Commission Member Resolutions: Board of Appeals - Myd McArthur and Thomas
Leonard; Chaffer Review Committee - Susan Fuller and John Dorso; Board of Ethics - Janet Richter and Stephen
Padilia; Cultural Arts Commission - Ralph Tones; Commission on Aging - Mary Kay Dennison; Design Review
Committee - Barbara Gilman and Matt Flach; Parks and Recreafton Commission - John Willett; Resource
Conservation Commission - John Kracha and Michael Johnson; Safety Commission - Joseph Matacia; Youth
Commission - Deric Prescott
CONSENT CALENDAR
(Item pulled: 5c)
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of
the text was waived, passed and approved unanimously.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that then wen no observed reportable actions taken from the
Closed Session of 11/8/94. It is recommended that the letter be received and filed.
b. Claims against the City: Claimant - Ms. Bernadette Bragg, c/o Sheldon A. Ostroff, Esq., Blumenthal
& Ostroff, 1420 Ketmer Blvd., 7th Floor, San Diego, CA 92101. It is recommended that the Application for Leave
to Present Late Claim be denied.
c. Letter requesting funding of $5,000 to support the Federal Base Realignment and Closure
Commission (BRAC) '95 Committee in its efforts in deciding the fate of military installations in San Diego
County and in the rest of the nation - Gilbert A. Partida, President, and Joseph W. Craver, Chairman, BRAC
'95 Committee, Greater San Diego Chamber of Commerce, Emerald Shapery Center, 402 West Broadway, Ste.
1000, San Diego, CA 92101-3585. It is staffs recommendation that Council authorize a contribution of $3,000
Minutes
November 15, 1994
Page 2
from the Community Promotions Account to support the efforts of the BRAC '95 Committee. Pulled from the
Consent Calendar.
Councilmember Moore stated Chula Vista was the only agency that was giving less than the amount requested.
Mr. Goss staat~al that BRAC had a $140,000 budget and their contributions were currently $108,000 without Chula
Vista's contribution.
Continued to the meeting of 11/22/94.
d. Letter requesting adoption of a resolution calling for the reinstatement of a ban on blood and tissue
donations from Gulf War veterans and assistance in publicizing the resolution - Scott Kennedy, Mayor, City
of Santa Cruz, City Hall, 809 Center St., Rm. 10, Santa Crnz, CA 95060. It is recommended that the request be
referred to staff.
6. ORDINANCE 2615 AMENDING SCHEDULE X, SECTION 10.48,050 OF THE MUNICIPAL
CODE TO ESTABLISH SPEED LIMITS ON DEL REY BOULEVARD AND RANCHO DEL REY
PARKWAY (second readin~ and adootion) - The City Engineer has determined the need to establish speed limits
on Del Rey Boulevard and Rancho del Rey Parkway in the Rancho del Rey development. The streets have recently
been opened to traffic and serve as the major collector streets for a large residential community located north of
East "H" Street and west of Otay Lakes Road. Staff recommends Council place the ordinance on second reading
and adoption. (Director of Public Works)
7.A. RESOLUTION 17714 APPROVING RENEWAL OF DEFERRED COMPENSATION PLAN
AGREEMENT WITH GREAT WESTERN SAVINGS - Approving renewal of the Deferred Compensation Plan
Agreement with Great Western Savings and continuation of the Deferred Compensation Plan Agreement with ICMA
Retirement Corporation. Staff recommends approval of the resolutions. (Director of Finance)
B. RESOLUTION 17715 APPROVING CONTINUATION OF THE DEFERRED COMPENSATION
PLAN AGREEMENT WITH ICMA RETIREMENT CORPORATION
8. RESOLUTION 17716 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF
SWIMMING POOL RECIRCULATION EQUIPMENT FOR LOMA VERDE POOL - Funding for the
renovation of the filtration system and chemical feed systems at Lome Verde Swimming Pool was approved as a
Capital Improvement Project in Fiscal Year 1993/94. The project is scheduled for completion early this winter.
Bids were received and opened on 10/17/94. Staff recommends approval of the resolution awarding the contract
to Knorr Pool Systems, Inc. (Director of Parks and Recreation and Director of Finance)
9. RESOLUTION 17717 ACCEPTING THE AWARD OF AIRFARE, ACCOMMODATIONS AND
A PASS FOR THE PRINCIPAL LIBRARIAN OF THE SOUTH CHULA VISTA LIBRARY TO ATTEND
THE VIII GUADALAJARA BOOK FAIR IN GUADALAJARA, MEXICO GRANTED BY FERIA
INTERNACIONAL DE LIBRO - In April 1994 the Library applied for an award of airfare, accommodations and
a pass for the Principal Librarian of the South Chula Vista Library to attend the VIII Guadalajara Book Fair in
Guadalajara, Mexico. According to the Proposition 85 Grant from the State of California, the Library is committed
teprovide one-third ofthe circulating collection in Spanish in the new library. In the past, identifying and selecting
Spanish books has been difficult. Attendance at the fair will provide an opportunity to see a wide spectrum of books
first hand and make arrangements for purchase with vendors. Staff recommends approval of the resolution.
(Library Director)
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November 15, 1994
Page 3
10. RESOLUTION 17718 APPROVING AGREEMENT ~VITH THE CALIFORNIA ENERGY
COMMISSION (CEC) FOR CONVERSION OF THREE MEDIUM DUTY VEHICLES TO COMPRESSED
NATURAL GAS (CNG), PURCHASE OF MEDIUM DUTY CNG VAN; WAIVING BIDDING PROCESS
AND AUTHORIZING HAWTHORNE POWER SYSTEMS TO DO THE CONVERSION; APPROPRIATING
FUNDS; AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT - On 10/26/93, Council endorsed
the City's application to the CEC. The application was for participation in a demonstration program for CNG
medium duty vehicles. In early 1994, City staff was informed that the City had been selected for the program and
that CEC staff was designing an agreement. CEC staff has completed and forwarded the master agreement that will
be used by all pa~icipating agencies. Staff recommends approval of the resolution. (Director of Public Works)
4/5th's vote required.
11. RESOLUTION 17719 AMENDING AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION FOR IMPROVEMENTS ON INTERSTATE 805 AT EAST "H" STREET AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - The proposed resolution is to extend
the expiration date of said agreement from 6/30/94 to 6/30/95. The extension will provide the City and Caltrans
sufficient time to work out the final project schedule. Staff recommends approval of the resolution. (Director of
Public Works)
12. RESOLUTION 17720 ADDING ClP PROJECT STM-323 - FIFTH AVENUE STORM DRAIN;
APPROPRIATING FUNDS; APPROVING CHANGE ORDER NUMBER ONE TO THE CONTRACT FOR
"SEWER REHABILITATION - PHASE V IN THE CITY (SW-115);" AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY -
On 8/9/94, Council accepted bids and awarded the contract for relining sewers at various locations within the City.
The work included the relining of various sewer lines utilizing an expanded spiral wound profile ribbed P.V.C. pipe.
Lining of the sewer pipes was recommended in lieu of digging up the sewer and replacing the damaged sewer pipe
sections inplace. Staff discovered a drainage pipe located on Fifth Avenue south of "L" Street deteriorated because
it was made out of corrugated metal pipe and recommends utilizing the process of installing the wound profile ribbed
pipe as a means of repairing the existing, deteriorated drainage pipe. The Contractor has given a bid of $19,492.65
for doing the work. Staff recommends approval of the resolution. (Director of Public Works) 4/Sth's vote
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
13. PUBLIC HEARING ACQUISITION OF CERTAIN RIGHT OF WAY FOR OTAY VALLEY
ROAD -In order to construct Phases 2 and 3 of the Otay Valley Road Widening Project, the City needs to obtain
a 6.46 acre portion of the property owned by the Borst Revocable Trust, Fask Land, Inc., and Jaginco Limited
Partnership, as Tenants in Common. The property is located immediately south and east of the Chula Vista Auto
Center within the floodplain of the Otay River. The City Attorney has exhausted all efforts to obtain the property
on a friendly basis. Due to time constraints, the City cannot delay construction of Phases 2 and 3 of the road any
longer and must begin eminent domain proceedings. Staff recommends approval of the resolution. (Director of
Public Works, Director of Community Development and City Attorney)
RESOLUTION 17721 DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING
AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE OTAY
VALLEY ROAD STREET WIDENING PROJECT AND AUTHORIZING THE COMMENCEMENT OF
CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE MITIGATION PROPERTY -
4/5th's vote required.
Mr. Boogaard stated he had included supplemental findings (on file in the City Clerk's office) that h~ wanted
incorporated into the record.
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November 15, 1994
Page 4
Mayor Nader stated the supplemental findings would be incorporated into the record.
Councilmember Fox questioned why the City was using its powers of eminent domain. He further questioned if
the cost over and above the anticipated amount was $3,000.
Joe Monaco, Environmental Projects Manager, stated it was being done based on the need for timely action in
matter. The $3,000 was incorpora~l into the $125,000 figure.
Councilmember Horton referred to the appraisal summary statement and questioned if staff knew the purchase price
in 1983 when it was obta'med. She further questioned if the 1994 appraisal used that information in reaching the
appraisal figure.
Mr. Monaco stated it was part of a larger parcel and staff did not have the per acre figure. The figure for that
properly included both uplands and wetlands, developable area as well as preserve ares, it did not. Staff relied on
comparables for mitigation property only.
This being the time and place as edvertised, the public hesdng was declared open. There b~mg no public testimony,
the public hearing was closed.
RESOLUTION 17721 Ok'FERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed
and approved unanimously.
ORAL COMMUNICATIONS
· Ottilie Chomiak, 1521B Apache Drive, Chula Vista, CA, representing the Chula Vista Quarry Committee,
felt the City would suffer due to the quarry and would put the Olympic Training Center in
jeopardy due to air pollution and heavy traffic. They supported litigation to delay the proposal
until air quality, safety, noise, end need were addressed. They offered their services to the City.
· Martin Calvo, 974 Paseo Entrada, Chula Vista, CA, representing the Chula Vista Quarry Committee,
stated the Daley quarry as proposed would cost the taxpayers money, inhibit light business
development in the area, interfere with the Olympic Training Center, devaluate EastLake, Bonita,
and Chula Vista proparty, deter new homebuyers, pollute the air, create noise, pose potential
contamination of Otay Lake and streams, constitute dangers from explosive and hazardous
materials that would be transported on Chula Vista roads, create dense traffic on heavily traveled
roads, impeded emergency traffic, and diminish the City's image.
· Roy Harris, 109A Apache Drive, Chula Vista, CA, representing the Chula Vista Quarry Committee, stated
the existing Nelson-Sloan quarry could meet the needs of Chula Vista and beyond for the next 30
years. Therefore, the need for another major quarry was highly questionable.
· Rod Davis, 1727 Melrose Avenue #38, Chula Vista, CA, stated the County Board of Supervisors was
proposing to enact a land use fee which would be in addition to the property tax. That fee would
be used to pay for the San Marcos MURF. He objected to something being rushed through at the
last minute with three departing supervisors in an attempt to have no accountability for imposing
a new tax. He hoped the City would request a delay, study it, end have it heard by supervisors
that would be accountable to the people.
BOARD AND COMMISSION RECOMMENDATIONS
14. REPORT RECOMMENDATION FROM THE INTERNATIONAL FRIENDSHIP
COMMISSION REGARDING RUSSIAN SISTER CITY - The Commission recommended the following: 1)
Chula Vista establish a "linkage of friendship,, with Ussuriisk, Russia, with the intention being to form a sister
city relatioushlp in the future if detained to be feasible; and 2) in response to demonstrated community
interest that the City council sent Mayor Nader to Ussuriisk to establish a linkage of friendship with a later
of support from Mayor-Elect Horton, provided that funds are raised by the newly formed "Friends of
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November 15, 1994
Page 5
Ussuriisk" with matching funds of up to $1,000 to be allocated by the City Council. Continued from the
meeting of 11/8/94.
Councilmember Fox stated part of the recommendation was that the current Mayor would travel to Ussuriisk and
he was assuming that travel would have to be before 12/6/94. He questioned if there was a finding that there was
an urgency to send him before the end of the year.
Suzanne Ramirez, 139 Fifth Avenue, Chula Vista, CA, stated the recommendation from the Commission was a
compromise. As the motion was stated, it was to send Mayor Nader to Ussuriisk prior to 12/6/94. There was no
specific finding made. There were people that addressed the Commission that felt there was a sense of urgency.
Councilmember Fox questioned if there was a recommendation that the City also expend $1,000.
Ms. Ramirez responded that the recommendation was that the City provide matching funds up to $1,000. The
Commission was concerned about the expenditure of funds. There was a contingency of people that felt there
should be no expenditure of City funds and that the current Mayor should not go now and that the Mayor should
go later. There was another contingency that represented a group of people expressing interest in supporting
Ussuriisk and the motion was a compromise. She did not feel any of the Commissioners were in total agreement
with any of the motions. There was a concerted effort to reach a compromise.
Mayor Nader stated other members of the Commission had represented what the consensus of the Commission was
quite differen~y than what was presented. The motion was as represented. The urgency was that Ussuriisk had
indicat~l they wanted a sister city and wanted an answer and a visit from the City before the end of the year.
Someone could go without matching funds from the City. An official visitation to explore and kick-off a sister city
relationship should have sanction from the City. Funds sufficient to pay for the Mayoral visit had nearly been raised
by the Friends of Ussuriisk. The amount of the private sector match was not in question.
Ms. Ramirez stated she was concerned with the Mayor contradicting what she had said and questioned what exactly
she had said that the Mayor underst~xl to be different. She was trying very hard to be objective and not represent
her own position, but the position of the Commission.
Mayor Nader stated the other commissioners that had talked to him had indicated that they did perceive the need
for the trip to take place before the end of the year and that was why they had made the motion. The notion that
it was a compromise motion was probably true in the case of Ms. Ramirez's vote, but he did not feel it was
necessarily what the other Commissioners had represented.
Ms. Ramirez stated she had put the motion on the table and then asked that a compromise be reached. The final
metion was not what she had put on the table, but was a compromise. All positions were represented. She did not
doubt that the people talking to the Mayor were much more positive about it because they were the ones advocating
full payment and that the Mayor travel now. The motion was an honest reflection of what the Commission came
to agreement on.
Mayor Nader felt that comments made previously would lead people to believe that the Commission as a whole did
not support the project end he felt that needed to be clarified.
Councilmember Fox questioned if any member of the International Friendship Commission had been in contact with
officials in Ussuriisk.
Ms. Ramirez responded that two members of the IFC were on the Friends of Ussuriisk committee and they may
have had contact, she had not had any official communication from Ussuriisk.
Councilmember Fox questioned if the basis for forming a linkage of friendship was the community interest.
MS. Ramirez sated the IFC had taken the y~r to become better organized, i.e. having support groups for every
sister city. There was a group of citizens that had come together end raised funds for the trip. The Co,-mission
wanted to recognize that it could be a legitimate group that could last for years and if that was the case the
! IF
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November 15, 1994
Page 6
Commission did not want to stifle them. It was in recognition to that the motion was passed. The Commission was
concerned with the expenditure of funds knowing there were people in the community that did not feel it was
appropriate.
· Lita MacDonald, 3221 Fontann Avenue, San Diego, CA, member of the Vladivostok Sister City group,
spoke of the learning opportunities for the children in both communities.
· Karen Terra, 1043 Lofting Street, San Diego, CA, Marketing Director for Junior Achievement of San
Diego County, stated two teachers from Chula Vista would be teaching in Vladivostok. Junior
Achievement was teaching about the free enterprise system in Russia.
· Dr. James J. McBride, 1419 Oleander, Chula Vista, CA, representing Junior Achievement, stated he
would be helping to develop businesses while in Russia. He offered his assistance in
communications between the cities.
· Kent Carson, 57 Millan Ct., Chula Vista, CA, representing Junior Achievement, stated he would be
helping to develop businesses while in Russia and help the Russians become morn involved in the
U.S. market system.
· Don LeCompte, 1615 Elmhurst Street, Chula Vista, CA, spoke in support of the staff recommendation.
He noted that there were numerous private donations n support of sending Mayor Nader prior to
the end of the year.
· Kathleen Roche Tansey, 665 Canyon Drive, Solann Beach, CA, rnprnsenting the Sister Cities International
and San Diego International Sister City Corporation, spoke in support of the staff
recommendation. She had met the Mayor of Ussuriisk and he was eager to have an affiliation
with Chula Vista so the cities of San Diego and Chula Vista could work together. She did feel
a sense of urgency as their intention had been published and them was national interest. She
offered her assistance to the City.
· Robert Langhorst, 1676 Ithica, Chula Vista, Ca, representing Dr. Ginger Hovenic, spoke in support of the
staff recommendation. Communication between all groups in the world was extremely impofiant ~'~
and the City had a responsibility to be role models to the childrnn. It was also everyones
responsibility to share their knowledge with everyone around the world. "
· Ed Martija, 1168 Second Avenue, Chula Vista, CA, Chair for the International Relations Committee for
the Kiwanis Club, stated one of their projects for the year, which had been approved by the
International Office, was to establish a club in Ussuriisk. He had also been involved in Friends
of Ussuriisk and felt there was genuine and sincere support for the program. He hoped Council
would take a position of leadership and send the Mayor in a timely manner to represent the City
and establish a relationship.
· Steve Weathers, 701 B Street, San Diego, CA, representing the San Diego Economic Development
Corporation, stated they had worked with a number of sister city organizations and they had found
that by developing those relationships there had been numerous trade missions coming into the
area. Their organization acted as a conduit between those trade missions and the businesses in
establishing trade agreements, business development agreements, etc. He felt the City would find
that the small businesses in the City that did not have the financial ability to make the international
contact to sell their product and trade would find a conduit for that.
· Bob Coleman, 1035 Barrett Avenue, Chula Vista, CA, spoke in support of the staff recommendation.
· Colleen Coleman, 1035 Barrett Avenue, Chula Vista, CA, spoke in support of the staff recommendation.
· Mimi Bernier, 20718 Fortuna del Norte, Escortdido, CA, spoke in support of the staff recommendation.
· Tana Alacalay, 981 Jeffrey Road, Del Mar, Ca, President of San Diego Vladivostok Sister
Society, stated she felt it was an opportunity to bring in international businesses/industry
to the City. If the City took an isolationist attitude they would miss a golden opportunity.
· Lowell Strombeck, 4130 La Jolla Village Drive, La Jolla, C.a, founding President of the San Diego
Vladivostok Sister City Society, stated they welcomed Chula Vista's desire for a sister city in
Ussuriisk. It would be a natural for them because Ussuriisk was as ehise to Vladivostok as Chula
Vista was to San Diego and the cities could work together. They were ready to share everything
with the City in dealing with the sister city program. He recommended that Mayor Nader meet
with the Mayor of Ussuriisk as it was important for the Russians to continue on with that poraonal
relationship, i.e. the face to face relationship that was started in California.
· Ed Leon, 184 Broadway, Space 50, Chula Vista, CA, was not present when called to the dins.
· Eduardo Serrano, 4050 Bermuda Dunes Place, Chula Vista, CA, stated there was an unofficial committee
formed and contact had been established with Russian counterparts in the field of economic
I Ifi
Minu~s
November 15, 1994
Page 7
development, city management, business and trade relationships, cultural exchanges, art
exhibitions, as well as academics at all levels. He felt the City of Chula Vista could be an
example of globalization. He encouraged Council to adopt Ussuriisk as a sistar city and examine
the possibilities that were at stake and place politics aside. The urgency for sending Mayor Nader
was because dialogue had already been established with the Mayor of Ussuriisk.
Councilmember Rindone stated the adoption of Ussuriisk as a sister city was not on the agenda or under
consideration. The Commission recommendation was to consider establishment of a linkage of friendship with
Ussuriisk and consideration of matching funds of up to $1,000 to send Mayor Nader to Ussuriisk. He questioned
whether it would be correct to say that if an initial visit at the present time did not take place that it would be
damaging to the efforts to establish a sister city or would it onh~,nce the timetable in which it would occur.
Mr. Serrano felt it would be a setback as it would take time for the Mayor-Elect to get established. He felt sending
Mayor Nader to Ussuriisk would make procedures smoother.
Councilmember Rindone stated that troubled him. Any relationship with any sister city should not be dependent
upon one individuals visitation or solicitation.
Mr. Serrano stated he was not talking about a single individual but a joint effort or team that had been developed
over the last three months. There needed to be a mayoral status of representation between the two persons that
established linkage to begin with.
Councilmember Rindone stated it would then not destroy the relationship, but enhance the relationship.
Mr. Serrano felt it would disrupt the relationship if the Mayor did not go.
· Paul Catanzaro, 372 Camino Elevado, Bonita, CA, Member of the International Friendship Commission,
stated he was confused and baffled between conversations in Commission meefmgs and what was
be'me said at the meeting. He had been instrumental in the two motions that had been made by
the IFC. A lot of conceros had been brought up at the IFC meeting, but the basis of the concern
was about the City spending any money on sending Mayor Nader to explore the linkage. Another
statement that came up was that Mayor Hotton did not particularly care to travel.
Councilmember Horton stated she had said that she was not looking forward to going to Russia within the next
couple of months as she would be very busy.
Mr. Catanzaro stated therefore, they then looked towards sending Mayor Nader. Some of the statements made
reflected Ms. Ramirez' opinions. At the IFC meeting there was a concern about money, discussion regarding the
mount of community support, and how they could make sure that what they were hearing was real. His
recommendation at the meeting was to have the City put in matching funds for the private sector donations. He
felt there needed to be strong community support. If the Council matched those funds the balance of the money
raised could further promote the linkage.
CouncilmemberMoorefoundthatonmostcommissionstheminoritydidmostofthework. He was conceroed with
the workload of the commission.
· Yan Shlyakhovsky, 10256 Caminito Rio Branco, San Diego, CA, stated he had immigrated from the Soviet
Union five years ago. There was a great interest in Americans and America, they wanted to learn
about each other, and he asked that the City help them.
Ms. Ramirez stated she had tried very bard to keep the issue from becoming a personality contest and had great
difficulty with some of the comments made by Mr. Catenzaro and wanted to clarify those issues. In regard to the
quote of Mayor-Elect Horton, she had spoken to Mayor-Elect Horton and it was not specifically on Ussuriisk. She
quoted her as saying, in response to her question as to whether she would be interested in traveling to Odwara and
adding on Ussuriisk in the spring, that she indicated she did not particularly care to travel but she would keep an
open mind and that was what she had represented to the Commission. As to the motions made, the original matter
under discussion was to send Mayor Nader, with suppert of the Mayor-Elect, and spend no City funds. Mr.
I 1[
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November 15, 1994
Page 8
Catenzaro stated Ms. Ramirez had brought up all those things, but she war the Chair and had received calls from
members of the community and she brought up issues specifically addressing those calls. She did not personally
have a really strong feeling on the issue, but did find it very necessary to counter balance the over zealousness of
the two newest members of the Commission who specifically admitted when they were introduced that they were
on the Commission because they were interested in a Russian sister city. The older Commissioners that had been
on the Commission for some time, and knew the amount of work involved and how little support war received from
the community and staff, were much more reluctant to jump in with both feet. They felt they were being pressed
particularly by Sue Snyder representing the Mayor. Her response war basically to make sure that all sides were
:~resented. Everyone at the lart IFC meefmg was given an opportunity to speak including people from the public.
There war a comment made by Mr. Catenzaro that she war being overly negative and questioned how many people
had called her and her response had ~ three. She war giving the counterpoint to the other points being made.
She knew that the newer members on the Commission viewed her ar negative on the issue and that war not the case
as she had tried to be extremely objective. When contacted by the Union/Tribune she encouraged him to call Carol
Dysart and Mr. Catenzaro, the two most vocally in favor of the Russian sister city along with the names and phone
numbers of every other IFC member. She resented b~mg miscluotad and made to look like she war trying to do
something that war against the wishes of the majority of the Commission. The wording of the resolution passed
on to Council war carefully drafted and it war a compromise. She resented the implication that she war pushing
the Commission one way or another. There were other new members on the Commission that were appointed by
Mayor Nader that stated one of the primary screens when they were appointed was whether or not they had an
interest in a Russian sister city. That seemed to be the primary screen for the lart five members appointed. Three
of those members had been very balanced in their approach to the issue. One of the newest members felt that no
City monies should be spent.
Mayor Nader questioned whether Ms. Ramirez supported the IFC recommendation before Council.
Ms. Ramirez stated she had vo~d for the recommendation.
Councilmember Herton felt Ms. Ramirez had done a good job with a complicated issue and with mixed signals from
the Council. She did not like the interaction between the Mayor and Ms. Ramirez and felt it war out of line and
that the Mayor should not have directed some of his questions the way he had. She apologized for the situation and
did not like putfrog Commissioners in that position.
Mayor Neder stated he had been told that Ms. Ramirez had represented to some of his colleagues that he had never
discussed the project with her prior to very recently.
Ms. Ramirez stated she war curious ar to who that war. She had said to several people that the Mayor had talked
to her about a Russian sister city for several years. She knew that his interest had been long range.
Mayor Nader stated it appeared that some of the things he had said were misunderstood and he did not mean to
attack Ms. Ramirez personally in any way. If he war the one that had the misunderstanding about comments that
were made when the issue came up at the Council meeting lart month then he apologized. He was always
concerned if there appeared to be a discrepancy between representation made for a commission and commission
action. Clearly that had not taken place at the present meeting and he appreciated that.
· Valdimir Stanich, 13140 Nadic Avenue, Poway, CA, stated Ussuriisk was home of the siberian tiger,
geographically it war 11/2 hours driving time from Vladivostok and 2 hours from China.
Ussuriisk and severel other counties were centers of decaying industrial and military complexes.
He supported the staff recommendation.
· Thelma Press, 3134 West Fox Run, San Diego, CA, Vice President of Sister Cities International, stated
a National Sister Cities Office had been established in Moscow. A delegation was headed by a
mayor because if it was not headed by the chief of a city it war an insult to the counterpart city.
When such a request war made by a mayor of a foreign country it war only courtesy to answer
that request. Mayor Nader had been a youth member of sister cities, he knew the sister city
movement extremely well, he served on the National Board, and served on the Southern California
Council and really understood the program.
Minutes
November 15, 1994
Page 9
Mayor Nader stated he had worked on the project for a very long time brought it forth to the Council on numerous
occasions. It would have been easier and wiser for him to pass on the entire project. If the Council was willing,
he felt it was appropriate for him to act in that capacity in the best interest of the City. He had been assured by
the Friends of Ussuriisk that private money was available to send him if he wanted to go on his own, other than
in an official capacity so that was not an issue. There were numerous long term benefits to the City if they
participated in the project. He then reviewed many of the benefits already occurring. Economically it was
important to emphasize the location of the two cities. Ussuriisk was a city near the border with China and Korea,
two of the fastest growing Asian Pacific Rim markets and at the pacific doorway of Russia. Chula Vista sat at the
doorway of the fastest growing border economy of the world, at the doorway of NAFTA, and on the Pacific Rim
which was a trade region of growing importance. There was a real opportunity for the long term economic
development of the City as well as cultural and educational exchanges. The citizen interest, in terms of time and
money, far exceeded interest for other sister cities. He had no personal stake in whether he would go. If it would
move the program forward faster to send a different member of the Council then that should be done because his
interest was in the opportunity for Chula Vista and for the next generation in Chula Vista. He did not want the City
to throw away a golden opportunity that they may not get again. The Mayor of Ussuriisk had personally requested
an answer and a delegation before the end of the year.
Councilmember Fox stated the Mayor should be given credit for his foresight and vision. The Chamber of
Commerce had voted and was on record as stating that the business community had nothing to gain. He did not
feel they had all the facts and that the project needed their support. His other concern was the appeanmce that the
Commission was under pressure to send Mayor Nader before he left office on a trip to establish a linkage of
friendship. He knew the Mayor was sincerely interested in helping Chula Vista. He was also concerned with the
expenditure of public funds. The City could not ignore the business opportunities available due to the economic
times and locations of both cities. If an official delegation was sent from the City it needed to be someone that
would be here. He felt Council and the members of the community should get the Chamber support and attempt
to raise the $1,000 in private funds to send a member of the Council to communicate to the officials of Ussuriisk
that the City wanted to form a linkage.
Councilmember Horton clarified that the Russian sister city concept was not developed within the last several
months, but was a vision by the Mayor for over a year. He had expressed his vision for the cultural, educational,
and business opportunities available for both cities. She had seen the enthusiasm from the citizens in the community
but had a problem in spending City funds to send a representative from the City. She hoped the City would send
Mayor Nader as he had put in time and effort into getting the program where it currently was and had built a
relationship with the Mayor of Ussuriisk. Because there was some controversy she did not want to use City funds
to send the Mayor, however, she would personally commit herself to raise up to $1,000 to send Mayor Nader.
Hopefully, that trip could be made before 12/6/94 so the proper protocol would be followed.
Councilmember Moore stated it was the citizens that made the sister cities programs work and if the community
raised funds to send the Mayor then he should go with Council's blessing.
MS (Moore/Itorton) to approve Mayor Nader's travd to Ussuriisk Russia with funds provided by private
parties and with the wholehearted support of the Council.
Councilmember Rindone stated concerns had been expressed about Ussuriisk wanting to have a sister city and he
felt that would occur if there was a strong commitment on both sides of the issue. The first portion of the IFC
recommendation addressed that issue and he could suppert that. He felt there needed to be a commitment from the
Mayor-Elect that she was interested in continuing the relationship and would participate. From her comments he
assumed that was the case. If sufficient funds were raised to send Mayor Nader and there was communication with
Ussuriisk that there was an interest in forming a sister city linkage then perhaps it would be more prudent to send
the new Mayor and Mayor Nader later in the year rather than during the harsh winter. That would allow staff to
address issues such as the relationship with other sister cities and proper planning. He could support the formation
of the linkage and the use of private funds to send Mayor Nader. He did not want to see a cut off date for the trip
of 12/6/94.
Councilmember Hotton felt it would be difficult to leave within the next several months as she would be taking
office on 12/6/94, the combination of the holidays, a mayors conference in Washington D.C. in January, and a
SANDAG retreat. After hearing testimony and receiving several calls she was interested in developing a
Minutes
November 15, 1994
Page 10
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relationship with Ussuriisk. She clarified that Councilmember Rindone was recommending that beth Mayor Nsder
and Mayor-Elect Hotton travel to Ussuriisk once a trip could be set up though the Friends of Ussuriisk committee.
Councilmember Rindone felt that would speak well for the City. It war far superior to sending one individual that
would be leaving office in two weeks end could result in the termination of the relationship after that.
Councilmember Hotton stated there war a time urgency and felt a trip should be set up ar soon ar possible for the
Mayor and other delegates from the Friends of Ussuriisk.
Councilmember Fox stated he would support the motion ar it did not use City funds.
Councilmember Moore smt~l the motion included the support of the Council regarding the linkage of friendship
with Ussutiisk.
Mayor Nader stated a City sanction or endorsement war a key issue. If the Friends of Ussuriisk concurred that the
trip would be better if postponed he would support that decision.
VOTE ON MOTION: approved unanimously.
15. REPORT DRAFT CHILD CARE ELEMENT OF THE GENERAL PLAN - On 3/1/94,
Council approved a work program which called for staff from the Parks and Recreation and Planning Departments
to coordinate with the Child Care Commission to review current City policies and regulations relating to
streamlining the permitting of child care facilities and to develop a comprehensive Child Care Element to the
General Plan. The Element would contain policies and implementation recommendations to address a variety of child
care needs within the community, including the provision of facilities within schools and civic buildings. Staff har
been meeting with the Child Care Commission regularly and has prepared a draft Child Care Element to the General
Plan which contains policies addressing the issues. It is recommended that Council direct staff to conduct a public
forum for review of the draft Child Care Element, conduct appropriate environmental analysis, and retoru to
Council with a General Plan Amendment for councirs consideration and adoption. (Director of Parks and
Recreation and Director of Phtnnlng)
· Angie Gish, 175 Halsey, Chula Vista, CA, Chair of Child Care Commission, presented the Child Care
Element of the General Plan to Council.
Councilmember Fox questioned if there were recommendations from the Commission regarding the streamlining
of the CUP process.
Robert Leiter, Director of Planning, responded that they were not before Council. The Commission had forwarded
recommendstions that would be combined with the work that war being done by the adhoc committee that was
working on CUP's and it would be forwarded to Council in a separate report.
Councilmember Moore referred to page 5a-23, policy 4.2.1, *City supports the concept of affordable childcare and
shall as funding becomes available direct child care system programs for those demonstrating need ..... "and
questioned what that would cost in staff time and funds.
Jess Valenzuela, Director of Parks & Recreation, stated the intent war that the City fully support any eftotis to
create affordable child care slots and that could be done though a variety of ways, i.e. incentives, grants, etc.
The item dealt directly with accessibility and the fact that because of the cost of child care the Commission was
concerned. Therefore, it was highlighted ar a major item.
Councilmember Moore felt government could not and should not do everything. The problem he had with some
of the recommendations war that it put government back into leadership. He expressed concam with the amount
of staff time required to implement the recommendations. He recommended the item be brought back to Council
in draft form. He questioned the number of children allowed in a single family dwelling unit on page 5a-21, item ~
5. He was extremely concerned with 12 children in a single family dwelling as it changed the single family .,
Minutes
November 15, 1994
Page 11
residence neighborhood by a lot. He referred to page 20, Other Public Facilities, and felt the word "all" should
be deleted to read "... the planning of capital improvements'.
Mr. Leiter stated under fiscal impacts staff had indicated that when they returned with the final report it would
include fuRher information regarding the costs of soma of the implementing actions. It would also include a m~re
detailed work program. Staff felt the sama individuals, i.e. staff and mambers of the commissions, would be
wodcing on soma of the implemanting actions. It would not just be a staff program.
Councilmember Moore referred to page 17, #4 which stated the City would examine "all" opportunities for
amanding. He did not feel Council had the time to review all the opportunities. If those words were put in that
was what Council should do, staff should look for the words "all" , "never', and "always * and think about staff time
and costs.
Mayor Nader questioned if the General Plan amendment would go to the Planning Commission before being heard
by Council.
Mr. Leiter responded that was correct.
Councilmember Moore questioned the rationale for environmental analysis.
Mr. Leiter stated it was a project under CEQA which he felt would be a Negative Declaration or exemption. Staff
would have to go through the formal CEQA review process.
MSUC (Fox/Moore) to approve the Commission/staff recommendation.
ACTION ITEMS
16. RESOLUTION 17722 AMENDING FISCAL YEAR 1994/95 BUDGET TO ESTABLISH THE
RESIDENTIAL RECYCLING EDUCATION PROGRAM AND APPROPRIATING FUNDS THEREFOR -
In 1990, Council approved the development of a residential recycling curbside program to begin in 1991 with a rote
of $1.10 per month. Approximately $. 10 of the $1.10 rate has been collected for recycling public education. The
funds are collected by Laidlaw Waste Systems (LWS) from curbside rate payers and have been transferred to the
City's solid waste fund to implement curbside education activities since 1992. It is projected that LWS will transfer
approximately $4,500 every two months to the solid waste fund through 6/30/95. There is approximately $48,000
in the fund currently, and it is recommended that $39,750 of those funds be appropriated for a public education
program for the remainder of Fiscal Year 1994/95. Staff recommends approval of the resolution. (Administration)
4/5th's vote required.
Councilmember Rindone stated he was concerned regarding the lottery drawings for rewards for residents for
recycling. He questioned if it had been done in other jurisdictions.
Michael Meatham, Conservation Coordinator, responded that it had been done in other cities. It was the largest
topic of discussion by the Resource Conservation Commission and had been discussed at length at the staff meeting.
The Commission felt the positives out weighed the negatives and that the program should move forward. They felt
it would draw attention to the program and would get people enthusiastic about it.
Councilmember Rindone was not certain the City was sending the tight message. He questioned if there were other
alternatives considered. It was part of a recycling fee that every resident was charged and he would favor lowering
the charges to the residents paying the rate rather than having lottery prizes.
Mr. Meatham stated the City received another state grant which would make the program bigger and make it last
for several years. Staff would also ask for contributions for the program.
Minutes
November 15, 1994
Page 12
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· · · Councilmember Fox left the dias at 9:01 p.m. "* *
Councilmember Moore sta~t there was a part of the original contract with the waste system that recycled for the
City that required public education by the City.
Mr. Meacham stated it was not just luck of the draw. They would be picking people randomly from a group of
citizens that had participal~l and had done something outstanding in the program. It would be a select pool. The
whole program was about reducing rates to ratepayers. The 10 cent investment in education was peaially
responsible for reducing the costs recently by 75 cents. There were people that needed more information and
needed a tittle nudge to get involved.
Councilmember Rindone stated the City could promote assemblies in schools and have outreach activities at major
activities within the City for educational purposes.
· Erwin Sanvictores, 1864 National Avenue, San Diego, CA, representing the Urban Corps of San Diego,
was not present when called to the dias.
Mayor Nadir stated the proposal program was an innovative way to maximizo with a carrot rather than a stick
approach, participation in the recycling program. The Re-source Conservation Commission minutes were not
included in the report but it was his understanding there was unanimous support for the project. He felt it was
worth trying.
· * * Councilmember Fox returned to the dias at 9:18 p.m. * * *
Mr. Menchum clarified that the City was currently providing approximately $45,000 over the twelve months to the
Nature Center which would supplement their third grade classes for Chula Vista Elementary. They were also
providing $65,000 to the Chula Vista Elementary School for a school recycling program. There was also money
in one of the grants for the Urban Corps to work with the high schools and community college.
· · · Councilmember Herton left the dias at 9:18 p.m. * * *
MSC (Rindone/Moore) to accept the staff recommendation and amend the resolution so the gift certificates
would be a maximum of $15.00; after a twelve month period that portion of the program would be brought
hack for review by Council. Approved 4-0-1 with Herton absent.
RESOLUTION 17722, AS AMENDED, OI~IFERED BY MAYOR NADER, reading of the text was waived,
passed and approved 4-0-1 with Herton absent.
17. RESOLUTION 17723 DIRECTING STAff TO CONFER WITH PMDC/WARNER FOR THE
PURPOSE OF PREPARING A PROJECT DEFINITION UNDER CEQA AND FOR APPROVING AN
EXCLUSIVE NEGOTIATING AGREEMENT WITH PMDC/WARNER PROPERTIES FOR THE
DEVELOPMENT OF A DISPOSITION AND DEVELOPMENT AGREEMENT WHICH MIGHT
IMPLEMENT A FAMILY RECREATION/FUN CENTER PROJECT AND TO RETURN SAME TO THE
CITY COUNCIL FOR THEIR REVIEW AND CONSIDERATION - In June 1994, Council directed staff to
enter negotiations with PMG/Warner properties and return to Council with a draft development agreement for the
Family Recreation/Fun Center proposal. Negotiations with the developer are still underway and some progress has
been made. As additional financial and development analysis is needed which require significant staff time, it is
therefore necessary to engage in an Exclusive Negotiation Agreement. Staff recommends approval of the resolution.
(Director of Community Development)
Chris Salomone, Director of Community Development, gave Council a brief update of the project.
Minutes
November 15, 1994
Page 13
Councilmember Fox questioned what type of notice was given te the community regarding the issue.
Mr. Salomene stated staff considered the meefmg as returning as par directions by Council with a development
agreement for the Family Fun Center, therefore, it was not noticed in the community. When the development
agreement was brought back to Council it would be noticed.
Councilmember Fox requested clarification regarding the public facilities being provided by PMDC/Warner which
exceeded those of MD.
Mr. Salomene stated the PMDC/Warner group were the creators of the project and worked in conjunction with the
adjacent parcel owner regarding the donation of eight acres which could be used to develop mere ballfields, i.e.
twelve acres. That was currently not part of Mundo Divertido's proposal.
Mayor Neder questioned if there was any board/commission input regarding the proposals before Council. He
further questioned if beth proposals before Council were complete proposals.
Mr. Salomene responded that there was not. He would not characterize them as complete proposals. Upon action
by Council staff would negotiate in ernest to complete the proposal. There were market studies, traffic analysis,
environmental reviews, etc. which would require the expanditure of funds and that was why the applicant requested
an exclusive agreement. He felt staff had a good understanding of what the projects would be and what the benefits
would be to the community.
Mayor Nader questioned whether staff had enough information in beth proposals to base their comparison. He
wanted to be comfortable that Council was taking action on complete information from beth applicants and
determine the suparior proposal. He wanted to know the basis for the staff recommendation.
Mr. Salemone stated staff negotiations with Mundo Divertido were preliminary. Staff had met with them and
determined them to be a qualified applicant. The PMDC/Warner proposal included eight acres donated from an
adjacent proparty so it was a twenty-two acre facility that included three lighted softball fields and one lighted soccer
field in addition to other amenities, i.e. restrooms, concession stands, and parking that were of public benefit. The
Divertide proposal was located on the fourteen acre City parcel and did not include the additional eight acres.
Mayor Nader questioned whether Mr. Divertido was aware the City would take proposals that included the
additional eight acres.
Mr. Salemone felt they were aware of the proposal, but had not developed the relationship with Mr. McElliott or
the adjacent proparty owner.
Mayor Nader stated the parcel had been considered previously for a Veterans Home site and was essentially out of
consideration due to the aceeptanee of the site currently owned by the Sweetwater District. He wanled to make sure
that steps were not taken to rule out the Sweetwater site if for some reason the school site fell through.
Mr. Salemone stated appraisals had been complete.~l on both sites and he was meefmg with the Sweetwater District
staff on Thursday to further negotiations. Architects were preparing renderings for both sites including the Windmill
Farm site. He expected those negotiations to move foByard.
Councilmember Moore stated he was not ready to review another applicant after eighteen months of negotiating with
the present applicant. In June of 1994 Council directed staff to enter into negotiations with the company and that
was before Council for approval. Direction to staff had been through a motion by Council.
Mr. Salomene responded that was correct. The motion was to get an option for the Sweetwater site by the hospital
and return to Council in thirty days with that option, which staff had done. Staff then foliowad that up with an
MOU. The other motion was to develop a development agreement with PMDC/Warner and to return to Council
Minutes
November 15, 1994
Page 14
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in sixty days and the action before Council was part of that process. The final motion made was to look for other
locations within the City or other proponents that could do the same thing and return to Council. Staff had then
advertised and talked to three different proponents and Mundo Divertido was the only one that came forward with
a proposal.
* * * Councilmember Herton returned to the dias at 9:38 p.m. * * *
Mayor Nader stated Council direction was to open it to other potential developers and that other parts of the City
be considered if feasible. He had in mind the Otay ares and some of the areas adjacent to the proposed regional
park in the Otay River Valley. It was evident at the last hesring that the community around the Sweetwater site
was not enthusiastic about the proposal and that there was tremendous enthusiasm for the proposal from the
community around Otay along with a tremendous need for that type of a facility in that part of the community. His
observation had been that there were other places available that could accommodate such a facility.
Mr. Salemone responded staff did not se~ an opportunity in the Otay area. There was a potential opportunity
developing at the site where the Otay Rio Business Park was. It was very preliminary at the current time.
Mayor Nader questioned if Council moved forward on staff' s recommendation i f staff could negotiate a development
agreement for a fun center that could be transferfable to another site.
Mr. Salemone responded that the proposal was a fairly specific agreement that had been signed by the proponent
that addressed the disposition of the land and the number of ballfields. He did not fe~l that it was readily
transferrable to another site.
Mr. Boogaard stated it would be a very difficult negotiation because the economics would have to be considered
for each site. There would be different off-site costs, mitigation factors, etc.
· Ash Israni, 3185 Midway Drive, San Diego, CA, repre~nting Mundo Divertido, stated he owned a hotel
project in Chula Vista and one of their partners lived in Chula Vista. They had two operating
projects in Mexico and the third one was opening next month. They were presenting a mini-
Disneyland that had a monorail. They had not resliz~d that the adjoining eight acres were
available and he felt they could easily be obtained. They were not proposing any subsidies from
the City whereas the other proposal was requiting $750,000 from the City. He stated they wanted
a fair shake regarding the project and were willing to do whatever the City wante~l regarding the
ball fields.
Councilmember Fox stated in the proposals the City would de~ over the amusement park land in exchange for the
ballfields and questioned whether that mounted to a subsidy.
Mr. Salemone responded that the fourteen acres were valued at $620,000 which would be a subsidy if deeded over
for the proposal. The PMDC/Warner proposal was either a partial commitment of land, a land lease, or they would
acquire part of the land for the Family Fun Center and in exchange they would turnkey to the City in fifteen years
all four ballfields and they would provide maintenance, security, and parking for those in the interim. Part of the
negotiiatious would center on the subsidy.
Councilmember Fox questioned if the amount of the subsidy would be reduced for the exchange of ballfields and
a conveyance to operate.
Mr. Salemone responded that he hesitated to characterize the negotiatious as final. There were a number of big
ticket items that had not been negotiat~l, i.e. construction of the access road and off-site traffic improvements,
maintenance, operation, and s~curity of the ballfields, etc. He felt a subsidy was being contemplated in both
proposals. The proposal from Mundo Divertido enhanced the City's negotiating posture with PMCD/Warner
because there was a backup. The agreement would preclude the City from negotiating with anyone else.
Minutes
November 15, 1994
Page 15
Councilmember Moore stated Council had directed staff to enter into negotiations. The big cost to the City was
the access, the big cost to the developer was the operation and maintenance of the ball fields and parking lot for
fifteen years. That was where he saw the big off-set in funds.
Mr. Israni stated they were proposing basically the same thing except it was three times larger which would create
three times the number of jobs and three times the taxbase. They were willing to do the public facilities.
Mayor Nader questioned if they would be willing to look at other sites within Chula Vista if they were not given
the agreement for the Sweetwater site.
Mr. Israni responded that if there was a fun center at the Sweetwater site it would be difficult to do another one
within the City, but it could be studied. He felt before they were closed out of the Sweetwater site they should be
given a fair shake.
Mayor Nader questioned whether they had made contact with the residents of the area.
Mr. Israni staWd they had not been asked to do that. They were under the impression that had been resolved, but
would be happy to do it.
Mayor Nader suggested that if they did not get the agreement or the Sweetwater site that they work with staff on
looking for a more appropriate site in the community for the project.
Mr. Israni questioned if the Council was not interested in looking at other projects and were going to enter into an
exclusive agreement why were they invited to participate.
· Luis V. Echeverria, 7825 Foy Avenue, Suite 200, La iolla, CA, representing Mundo Divertido, stated he
was an investment banker and had been invited to organize their corporation. They had created
a concept that would be a destination facility and were very sensitive to the interaction with the
community. They cross checked and cross generated events that the Community participeted
Their skating rink was a multi-purpose stadium that could be used for sports. He did not feel they
were a mini-Disaeyland. Their maintenance and landscaping enhanced the center of any
commercial district; They were sensitive in making the business work and work within the
community. Because the project was self funded it guarank~l the City the revenues and a
successful business that would stand on its own. In the best interest of the City, he recommended
Council listen to their proposal in order to give comparisons between the proposals and give them
an opportunity to prove themselves.
Councilmember Hotton stated their concept was very interesting but she could not support it for the Sweetwater site
as she felt every resident would oppose it. Staff should work with them to find a site that was suitable for the
project. She felt the two proposals were compatible with each other within the City limits. Council would do
everything possible to make the process easy, efficient, and streamlined if possible.
Mr. Echeverria questioned if Councilmember Hot'ton was proposing to have PMCD/Warner on the Sweetwater site
and assist them in finding an alternative site for the MD project.
Councilmember Hotton stated she was not addressing the PMCD/Warner project, but did not feel the Sweetwater
site could not support as dense a project as proposed by MD.
Mayor Nader stated the Sweetwater site was not the center of a commercial district, but the center of a residential
district. He felt that was the source of the concern being expressed.
Mr. Goss stated if Council directed MD to look at alternate sites he would work with them and share some vision
on how that could be enhanced.
Minutes
November 15, 1994
Page 16
Mayor Nader requested that Mr. Echeverria furnish Council with the locations of their existing facilities so they
could make · personal visit to one of the sites.
· Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chamber of Commerce, stated there
were three issues: I) the message of even considering another proponent after 18 months of
negotiating with a firm was a message the City needed to be very wary of in how they dealt with
business; 2) he did not feel the project, as big as it appeared and as loud as it appeared, was
compatible with what IPG wanted to do with its land, i.e. build patio homes for seniors; and 3)
with Lego Land going into Curlsbad how economically viable would Lego Land 2 be in Chula
Vista.
· Greg Cox, 3130 Bonita Road, Suite 200, Chula Vista, CA, representing PMDC/Wamer Properties,
reviewed the history of the site and the applicants. He stated it was through their project that they
suggested an alternative site for the Veterans Home at Community Hospital and worked closely
with staff and the veterans community to flesh out that idea which was now a viable idea for the
Veterans Home. They were also actively involved in preliminary meetings with the Sweetwater
Union High School District to see if they could assist the District in ~king the administration
center occur at the Windmill Farm site to the extent that Mr. Silverton was willing to be the
financial backer. In addition, Mr. Silverton's architect was providing donated services for concept
plans for the administration center. It was not a project or concept that was turned around over
night. They felt they had addressed the sensitivity of the site and surrounding neighborhood. The
location along an interstate was critical to the project. They felt there was a fairness and equity
issue that should be involved in Council's deliberations. They were seeking the ability to sit down
and share information. They had spent over $15,000 for a market feasibility study and a financial
feasibility study. They could not lay that out before staff at the present time because it would
become public information and was something other proponents could utilize. He requested
Council suppert of the staff recommendation.
RESOLUTION 17723 OlqcERED BY COUNCILMEMBER FOX, reading of the text was waived.
Mayor Nader stated under CEQA the City did not know what the EIR would look like and when fully analyzed and
objectively considered it may not be an environmentally feasible project for the site. He questioned if it was staffs
intent and the applicants intent, if the resolution was approved, to complete negotiation of a DDA prior to adoption
of an EIR or if it was their intent to begin that negotiating process while the environmental work was being done,
but await the result of the CEQA process before expecting the Council to actually approve a DDA that would vest
rights and create obligations on the part of both parties.
Mr. Salemone responded that it was the latter.
Mayor Nader stated it was his understanding that the project would go before the Parks & Recreation Commission
and Resource Conservation Commission for their input and that there would be notification to nearby residents prior
to any project approvals by the Council. He would support the motion but was not certain that it was the fight site
for the project. He felt both projects would be welcomed additions to the community.
Councilmember Moore referred to page 5 of the tentative negotiating agreement, paragraph three, which fisted the
minimuHl improvelllonts and recommended that a specific statement be included which stated "The ballfields, both
softball and soccer, would be maintained at least to the City equivalency". Under item 4b he questioned why
the City would restrict itself to "youth" rather than stating "The City would have the first rights to the days
chosen to use the ~dds".
Mr. Salemone stated he would pass that information on to the Parks & Recreation Department.
VOTE ON RESOLUTION 17723: approvod unanimously.
Minutes
November 15, 1994
Page 17
18. REPORT POTENTIAL DISPOSITION OF CITY-OWNED PROPERTY AT BONITA
ROAD - The ADMA Company requests the exclusive right to negotiate regarding the acquisition and development
of the golf course site for a residential development. Staff received a proposal letter from Retail Properties Group,
Inc. for the acquisition and development of the site as a retail project. Additionally, staff has received a letter from
Joelen Enterprises reiterating its interest in developing the site with its golf resort hotel concept as soon as hotel
financing is available. Staff recommends Council defer any disposition decision on the Bonita Road site for 30 days
and direct staff to confer with Joelen Enterprises regarding its commitment to developing the site as a golf resort
hotel. (Director of Community Development)
Councilmember Moore requested that items 23c and 23d be heard concurrently with item 18.
Chris Salomone, Director of Community Development, gave a brief history of the project and options.
Councilmember Rindone stated the list of proposed projects for RPG was n laundry list of names and there were
no commitments.
MS (Rindone/Moore) to adopt the staff recommendation.
® William C. Tuchscher, 3633 Bonita Verde Drive, Bonita, CA, representing Joelen Enterprises, stated he
wanted to make it clear that he was representing the proponent. The site was a dearly
underutilized three acre parcel owned by the City. Their project would result in income from a
ground lease, transient occupancy tax, enhanced improvements to the golf course, increased
revenues from the golf course, etc. Joelen had put forth much effort and had worked honorably
and sincerely in bringing forth a project in an environment where funding was virtually non-
existent for hospitality properties. The site had to be looked at with a long term perspective and
alternative land use other than a resort would provide the City with a short term fix or benefit,
but would not create the jobs or fill the need for convention space and satisfy future needs for the
Olympic Training Center, etc. There was clearly a need for such a facility but sites were limited
within the City. He requested Council reaffirm their support for the project.
Councilmember Fox stated of the three proposals one of them concerned him, i.e. the retail complex. He felt it
was an illogical use of the land due to the proximity to the golf course and the opportunities for views.
Mr. Tuchseher responded that it was difficult for him to comment as he was not familiar with the other proposals.
He felt the views would be difficult to preserve in that scenario. From a development perspective there would also
be a challenge with the residential area next door as well.
Councilmember Rindone questioned what the timeframe would be for the project to become a reality if approved.
Mr. Tuchscher responded that he felt financing would be coming back to the market within eighteen to twenty-four
months.
Councilmember Fox questioned whether it would be reasonable to ask for bonding to ensure that the project would
be built.
· Joesf Citron, 4000 Coronado Bay Road, Coronado, CA, stated he was uncertain as to whether there was
a financial instrument of that type that could be issued. They had put in over four years of effort
in the project and over $155,000 cash investment. He could guarantee that if the City wanted
assurances they should contact the City of Coronado. The chances of the hotel being built if they
were given the opportunity were very great. If anyone could get a resort hotel built on the golf
site they could.
Councilmember Fox questioned if the opportunities were better than they were four years ago.
Minutes
November 15, 1994
Page 18
Mr. Citron responded that they were better than they had been for the last three to four years. Hotel financing WaS
being obtained in other parts of the country. The Tish family that owned Lowes Corporefion aS well as Lowes
Hotels had evidenced a very strong interest in being involved with them on the project. If Council waS telking about
anything sooner than eighteen months to twenty-four months he would say the possibilities were rather slim. If they
had the opportunity to continue to work on the project for that period of time he felt very strongly that the hotel
would be financed and go forward.
· Patty Davis, 1375 #17 Calle yon Montefrio, Chula Vista, CA, representing the Economic Development
Commission, reminded Council that the EDC bed endorsed the Joelen Enterprises project four
years ago when it came before Council. They felt the site was conducive for the resort project
and noted there was a lack of facilities in the southbay. The project would bring jobs, occupancy
tax, and other revenue to the City. She felt there were many locaf~ons within the City for
townhouses and apartments to be built. The City owned the land and had the duty to chose the
best project. She request Council move forward with an agreement with Jolen Enterprises as they
felt it waS the best project.
Mayor Nader questioned whether the Commission had a chance to review the project again or any of the other
proposals.
Ms. Davis responded that the discussion at the time was that there was a need for such a project in the community.
She felt she was safe in saying that the EDC would again endorse the project.
· Rod Davis, 233 Fourth Avenue, Chula Vista, CA, representing the Chamber of Commerce, stated it was
City owned land and therefore Council had a sacred trust to do wbet waS best for the entire
community. The Chamber had a goal to attract a good hotel to the community with good banquet
facilities. They felt the best usa waS a destination resort which could be coupled with the golf
course. They further recommended that Council change the zoning in order to preclude future
attempts to put something else on the site.
· Nathan Adler, 9605 Scranton Road, San Diego, CA, representing ADMA, felt they were proposing the
highest and best use for the property. They understood Bonita and Chula Vista as well as anyone,
especially the marketing conditions and the respective aesthetics. That knowledge came from
development of important projects within the City. He then reviewed the proposed multi-unit
residential project. The project included a park along Bonita Road and additional parking for
visitors. The 1990 RFP process was a comprehensive full scale public hearing and deliberation
and the hotel project was chosen at that time, but it had failed to get off the ground. They were
committed to doing the right thing for the City. They wanted to be given the opportunity to
establish the exclusive rights to develop the property.
Councilmember Fox questioned what staff hoped to accomplish with a thirty day deferral when Mr. Citron had
stated his commitment to the project.
Mr. Salomone responded that staff would explore the feasibility of the project in more detail if there waS a sense
of commitment by the Council.
Councilmember Horton stated she was adamantly opposed to the hotel proposal when it first came before her given
the economic constraints and that it would not be built in the timeframe presented. She recognized that the project
waS approved by a prior Council and that a lot of money bed been spent in getting the project to where it currently
waS. Therefore, she would keep an open mind on the project. She did not support a commercial venture for the
site. She also did not support an apartment complex on the site. Her personal preference would be a low density
high end condominium project. She would support the motion on the floor.
Councilmember Moore stated the City had very little land and, therefore, it should produce a steady income to the
City and the hotel was the best project for long range income. He felt the Olympic Training Center would make
a difference and that the City needed to be patient.
Minutes
November 15, 1994
Page 19
Mayor Nader stated he had voted against the hotel project three years ago. He wished the proponent would build
on the Chula Vista bayfront which he felt was the fight site for the project. He agreed that there was a need for
that type of facility within the City. His first choice was a project that was no longer on the table, i.e. a
combination office project. The ADMA project had a public park and jogging trail. From the standpoint of
community compatibility it appeared to be the best project. If he was looking at the best revenues for the City he
would then look at the commercial project. He did not question the proponents commitment or the quality of their
project. He did question the location and whether it would really happen at that location. He felt it was time to
move on and develop a project that was compatible with the community. Therefore, he would vote against the
project.
Councilmember Horton stated her vote did not mean that she supported the project. She was not making any
commitment at the present time.
Councilmember Rindone strongly endorsed the project as it was desperately needed in the City.
VOTE ON MOTION: approved 4-1 with Nader opposed.
MS (Nader.rMoore) to continue the meeting after 10:30 p.m. and complete the agenda. Failed 2-3 with Fox,
Horton, and Rindone opposed.
MSC (Rindoneatorton) to continue the meeting after 10:30 p.m. and consider items 22a, 23a, Closed Session
and the Redevelopment Agency with all remaining items trailed to the meeting of 11/22/94. Approved 4-1
with Moore opposed.
19. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff. Continued to the meeting of 11/22/94.
20. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given
by staff. Continued to the roeeting of 11/22/94.
ITEMS PULLED FROM THE CONSENT CALENDAR
Item pulled: 5c. The minutes will reflect the published agenda order.
OTHER BUSINESS
21. CITY MANAGER'S REPORT(S} - No report given.
22. MAYOR'S REPORT(S}
a. Ratification of appointments: Economic Development Commission - Marcia Boruta (ex-officio); Housing
Advisory Commission - J.R. DeJesus Chantengco, Robert C. Flaugher, Margaret J. Helton, Rosa L. Lopaz-
Oonzalez, Vicki E. Madrid, Thomas Alonso-Massey, Evelyn L. Michela, Jerry D. Mayfield (ex-officio), and
Kathryn Lembo (ex-officio).
MS (Nader/Fox) to ratify the appoint~nents of: Economic Development Commission - Marcia Boruta (ex-
officio); Homing Advisory Commission - J.R. DeJesus Chantengco, Robert C. gangher, Margaret J. Halton,
Rosa L. Lopez-Gonzalez, Vicki E. Madrid, Thomas Ahinso-Massey, Evelyn L. Michela, Jerry D. May~dd
(ex-officio), and Kathryn Lemhe (ex-offlcio).
I r;
Minutes
November 15, 1994
Page 20
Councilmember Ho~on questioned whether the terms on the Housing Commission would be staggered and if they
could be appointed to specific terms as some had more experience than others.
Mayor Neder stated the ordinance required that newly appointed commissioners draw for their term length.
Mr. Boogaard responded that the ordinance that created the commission would have to be amended.
Councilmember Hoaon stated Mr. Chantengco did not have a good attendance record while serving on the Housing
Advisory Committee and she had also been told that he was resigning from one of his commissions because he was
going to school full time.
Councilmember Rindone stated Council could ratify all of the other appointments with the Mayor bringing back Mr.
Chantengco's appointment after discussing the appointment with him.
Mayor Nader stated he would not object to that.
Councilmember Rindone questioned if there were members on the old Housing Advisory Committee that were not
being appointed to the Commission.
Mayor Nader responded that there were. Under the state law the seats were designated for specific backgrounds
which did not match the old Housing Advisory Committee. He felt everyone was aware of that.
Councilmember Moore stated he would abstain from voting on the appointments to the Housing Advisory
Commission as he did not know soma of the appointments and did not feel others were the right people.
VOTE ON MOTION, AS AMENDED TO REMOVE THE APPOINTMENT OF MR. CHANTENGCO:
approved 4-0-0-1 with Moore abstaining.
23. COUNCIL COMMENTS
Councilmember Horton
a. Authorization to begin advertising to fill City Council seat to be vacated by Mayor-Elect Horton.
Continued from the meeting of 10/25/94.
Councilmember Hotton stated she would be vacating her position as a councilmember and would be taking the
position of Mayor on 12/6/94. She felt it was appropriate to advertise that the seat would be available.
MS (Itorton/Fox) to hold interviews for the vacant council seat on 12/7/94.
Councilmember Fox questioned whether the seat could be advertised before it was vacated.
Mr. Boogaard responded that it could be advertised.
Mayor Neder questioned if the Maddy Act merely required that the vacancy be advertised a certain number of days
or that the seat be vacated a certain number of days.
Mr. Boogaard sesponded that the Maddy Act did not apply to elected positions only to beards and commissions.
Councilmember Rindone suggested that Council follow the similar process which occurred when there was a prior
vacancy on the Council. If the motion passed the City Clerk would immediately begin to accept applications from
any resident who was a voter in the City of Chula Vista. Applications would be accepted up until 12/6/94.
Minutes
November 15, 1994
Page 21
Councilmember Holton requested that the deadline be set on the Friday before.
Councilmember Rindone stated applications would be accepted up until the time determined. From that list each
of the councilmembem participating in the selection would designate any individual he/she wanted to see interviewed
and from that list anyone who received one designation or mere would be interviewed and then the process of voting
would occur.
Councilmember Holton stated that was how she understood the process and she wanted the deadline for applications
set for 12/1/94 so the list could be natrowed down on 12/2/94 and interviews could be scheduled for 12/7/94.
Councilmember Rindone stated applications would be accepted from 11/16/94 thru 12/1/94 if the metion passed.
Although the selection would probably occur from those that applied it would not be legally restricted to only those
that applied for the position.
Councilmember Fox questioned whether Mayor Nader would select those to be interviewed.
Councilmember Horton responded that it would be the new Council including Steve Padilia.
Councilmember Fox requesteA that the interviews begin at 6:00 p.m. or after on 12/7/94.
Councilmember Holton stated that 6:00 p.m. would be acceptable.
VOTE ON MOTION: approved 4-0-0-1 with Moore abstaining.
Mayor Nader stated he voted yes in order to facilitate the wishes of his colleagues that would be participating.
Councilmember Rindone stat~l those applying would fill out a beard/commission application and encouraged those
applying to attach a resume. He requested that the City Clerk share that with anyone inquiring about the vacancy.
Councilmember Horton stated if someone did not submit an application a member of the Council could bring a name
forward.
Mayor Nader stated there was no legal restriction on who the Council could appoint other than the eligibility
requirements, i.e. a resident of the City and a registered voter.
b. Council discussion regarding consideration of extension of the current term for Chula Vista's representative
to the San Diego Unified Port District/Setting dates for interviews for Chula Vista representative to the San Diego
Unified Port District and Chula Vista City Council. Continued from the meeting of 11/1/94. Continued to the
meeting of 11/22/94.
Councilmember Moore
c. Letter received from Joelen Enterprises regarding Bonita Grande Golf Lodge. Discussed in conjunction
with Item 18.
d. Letters received from the Chula Vista Chamber of Commerce regarding the Visitor Information Center and
City-owned property adjacent to the golf course. The portion regarding the City.owned property adjacent to
the golf course was discussed in conjunction with Item 18. The portion of the letter regarding the Visitor
Information Center was continued to the 11/22/94 meeting.
CLOSED SESSION
Council recessed at 11:17 p.m., met in Closed Session at 1:05 a.m., and reconvened at 1:29 a.m.
Minutes
November 15, 1994
Page 22
24. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Govermnent Code Section 54956.9
· Ten cities vs. the County of San Diego (trash litigation).
2. Anticipated litigation pursuant to Govermnent Code Section 54956.9
· Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1.
· City of Chula Vista vs. the County of San Diego (Daley Rock Quarry) regarding
approval of a major use permit.
· American Contractors Indemnity Company vs. City of Chula Vista regarding City's non-
acceptance of surety bond from California domiciled insurer with less than A-V rating.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957
· Title: City Attorney
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Govermnent Code Section 54957.6
· Agency negotiator: John Goss or designee for CVEA, WCE, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA), Western Council
of Engineers (WCE), and International Association of Fire Fighters (IAFF).
Um'epresented employee: Executive Management, Mid-Management, and Unrepresented.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
· Property: City-owned 3. i acre site in the 4400 block of Bonita Road adjacent to the
Chula Vista Municipal Golf Course
Negotiating parties: Nate Adler, ADMA Company and Chris Salomone, Community
Development Director.
Under negotiation: Price and terms of payment.
25. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No final actions were taken in Closed
Session.
ADJOURNMENT AT 1:30 A.M. to the Regular City Council Meeting on November 22, 1994 at 6:00 p.m. in the
City Council Chambers.
A Joint Meeting of the City Council/Re, development Agency convened at 11:17 p.m. and adjourned at 1:03 a.m.
Respoetfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: ~'v'~ \ ~:~ ~'~ ~I~'T
Vicki C. Sederquist, Deputy City Clerk