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HomeMy WebLinkAboutcc min 1979/04/26 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Held Thursday - 4:00 p.m. April 26, 1979 An adjourned regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 4:00 p.m. in the Council Conference Room, City Hall, 276 Fourth Avenu ROLL CALL Councilmen present: Mayor Hyde, Councilmen Egdahl, Gillow, Scott Councilmen absent: Councilman Cox Staff present: City Manager Cole, Assistant City Manager Asmus, Director of Plan- ning Paterson, Director of Parks and Recreation Hall, Director of Finance Grant, Director of Building and Housing Grady 1. DISCUSSION WITH PORT The Council and Mr. Creaser discussed the progress on the COMMISSIONER, PHIL Bayfront including dredging of the Chula Vista Boat Basin - CREASER which is approximately 50% complete with an anticipated completion date of November or December, 1979; planting of wild life reserve is planned for the summer of 1980; the park at the "J" Street Marina should go to bid by June lst; an engineering firm is preparing plans for the breakwater - the project should be ready after the completion of the dredging in 1980; the mobile home park and marina has been approved conceptually - the Port District staff and City staff plan to meet on this before May 12 to complete plans. Airport curfew Mr. Creaser also discussed the airport problem and said the immediate issue is the extension of the curfew. The City of San Diego will vote on this June 4, the Port Commission will vote on it on June 5 and then the State Department of Transportation will hold a five-day public hearing starting June 16. Concern regarding curfew Councilman Scott expressed his concern regarding the curfew and the effect it has on the efficiency of the airport. He said the Council should take a stand on it. Motion to refer curfew It was moved by Councilman Scott, seconded by Councilman to Legislative Committee Gillow and unanimously carried by those present that this matter be referred back to the Legislative Committee and have them report to the Council so the Council can take action on it at a later time. 2a. GOLF PROFESSIONAL -- The current contract with the Golf Pro, Joe Warburton, was REVIEW OF CONTRACT for a five-year period from January, 1977 through December 1981. The contract provides that the Golf Pro is entitled to income from various golf course activities and sales from the Pro shop, plus a percentage of green fees derived by the City. Income to Mr. Warburton increased from $13,565 in 1967 to a total in 1978, before taxes, of $52,296 The City Manager submitted an in-depth report on past and current contracts with Mr. Warburton, outlining services rendered and income received by the Golf Pro. It was stated that Eased on this review, staff believes the Chula Vista Municipal Golf Course is Being operated in an accept- able and efficient manner and that the present arrangement ~ouldcon~inue, at least for the term of the agreement. Held Thursday - 4:00 p.m. - 2 - April 26, 1979 Golf Pro has right of In answer to a query from Councilman Scott, Assistant City first refusal on extension Manager Asmus said the current contract provides that on of contract any extension of the contract, Mr. Warburton has the right of first refusal, unless the City decides to take over the operation of the course with City forces. Motion to accept It was moved by Councilman Egdahl, seconded by Councilman staff report Scott and unanimously carried by those present that the report be accepted from the staff. 2b. REVIEW OF GLENN Following budget deliberations for 1978-79, the Council RESTAURANT/BAR LEASE requested a review of the Glenn Restaurant/Bar Lease AGREEMENT Agreement "so that the City Council could be better informed as to exactly where the City is, what the Lessee's obli- gations are, and those of the City." The City Manager submitted a detailed report covering the background of the lease, pertinent responsibilities of Lessees under the terms of the lease agreement, Lessees' performance, the City's obligations and responsibilities, and a statement of gross sales and net rent'paid from March, 1975 through December 1978. It was noted that on 4/10/71 a 21-year agreement was executed between the City and Dick E. Agee and the present Lessees acquired all rights and interest by assignment on February 4, 1975. The current lease agreement is held in partnership by Donald J. Daniel- son, David Eyres and Joseph Burkhart. C~ty Manager Cole said that staff feels that some of the provisions of the agreement have not been carried out by the present Lessees and a report is being prepared for the Council. Council discussion The Council and staff discussed the contract, including the rate of return to the City, Lessees failure to make specific improvements within the time schedule of the agreement, pre- liminary plans for expansion submitted previously, Lessees' ability to manage facility is indicated by substantial increase in gross sales ($290,827 in 1975 to $471,230 in 1978), and the concern of the Council for the lack of progress regarding plans for expansion. David Eyers In response to a question from Mayor Hyde, Mr. Eyers stated Lessee they do not have preliminary plans ready for consideration at this time. He said plans submitted a couple of years ago were not acceptable and they plan to start again. Concern that the City is Councilman Scott expressed concernthattheCity has not ~receiv- not getting fair equity ed its "fair share" of the income generated by the facility, under contract and if the Lessee is not performing under the contract, the "clock" should be started on cancelling it. In answer to a query from Councilman Egdahl concerning a a possible breach of contract, Assistant City Manager Asmus said the City Attorney would have to respond to that. Motion for Executive It was moved by Mayor Hyde, seconded by Councilman Scott and Session unanimously carried by those present that an Executive Session be called for legal and personnel matters at this time. EXECUTIVE S.ESSION The Council recessed to Executive Session at 4:43 p.m. and the meeting reconvened at 4:58 p.m. Held Thursday - 4:00 p.m. - S - April 26, 1979 Motion to continue Item It was moved by Councilman Egdahl, seconded by Councilman 2b Scott and unanimously carried by those present that this matter be continued until Tuesday, (May let) when the City Attorney will be present. 3. DEVELOP~NT OF LAND City Manager Cole said this matte~ ~as brought up a week WEST OF THE GLENN ago and discussion on it was continued, pending a response RESTAURANT from the City Attorney concerning the right of first refusal on the part of the operators of the Glenn Restaurant on an expanded restaurant operation. Attorney's opinion The Council briefly discussed the written opinion from the City Attorney indicating the Lessee of the Restaurant would not have the right of first refusal should the City choose to open the property for competitive bidding for development; and that this right is limited to bid upon the operation~of a bar or restaurant which the City proposes for development. Motion to initiate It was moved by Mayor Hyde and seconded by Councilman Scott development process that the City initiate proceeding with the process of attempting to develop this property with a use which is complementary to the golf course and associated facilities on a lease basis. Discussion concerning Councilman Egdahl asked whether the intent of the motion is intent of motion that the City will develop plans and will either have them constructed by those individuals or firms to whom it would be leased or the City would develop the property and then negotiate a lease for operation. It was the consensus that development proposals should be left open with wide dissemination of information concerning the property. Councilman Egdahl noted that the motion as worded indicates the City will develop the property which would give the ~. Lessee of the Glenn the first right of refusal. Motion restated and It was moved by Mayor Hyde, seconded by Councilman Scott and carried unanimously unanimously carried by those present that the City initiate proceedings to have the property developed with a use which is complementary to the golf course and associated facilities on a lease basis. Motion clarified Mayor Hyde clarified that the intent of the motion is to leave it open so the City could develop the property itself or could lease the land for development by a party under contract as approved by the City. Procedure to be approved Mr. Cole said staff will develop a procedure and come back to by Council the Council for approval of the procedure prior to asking for Requests for Proposals. Jerry Prior Mr. Prior indicated he may be interested in development of Chula Vista the property and he questioned whether the land will have to be rezoned or if there will be a problem related to the bond issue on the land. Mayor Hyde suggested that when staff comes back with a pro- cedure that they will identify the problems associated with various types of development being considered, including the zoning. Held Thursday - 4:00 p.m. - 4 - April 26, 1979 MAYOR' S REPORT AB 227 redefines te~m Mayor Hyde announced he was informed that Assembly Bill 227 "general fund" -- (Chappie) calls for a change in the definition of the term City may he eligihle for "general fund" as used to limit the disbursement of State State funds "bail out" funds given to cities following Proposition 13. The Bill will redefine "general fund" to eliminate inclusion of Federal Revenue Sharing money and Federal Anti-ReCession funds. If the Bill passes the Senate and is adopted, the City of Chula Vista may receive approximately $396,000. Motion to send mailgram It was moved by Mayor Hyde, seconded by Councilman Egdahl to Senate Local Government and unanimously carried by those present that staff be Committee in support of requested to prepare a mailgram to Senator Marks, Chairman AB 227 of the Senate Local Government Committee, stating the City's strong position in support of the Bill, with copies to Senator Mills and the San Diego Senate delegation. Management Seminar Mayor Hyde reminded the Council members of the Management Seminar scheduled for Monday, April 30, 1979 starting at 1:00 p.m., continuing through an evening meal and reconveninl at 1:00 p.m. on Tuesday, May 1. ADJOURN~IBNT Mayor Hyde adjourned the meeting at S :20 p.m. to the meeting on Monday at 1:00 p.m. and to the regular meeting on Tuesday May 1, at 7:00 p.m. Deputy City Clerk blINUTES OF AN ADJOURNED REGULAR blEETING 'OF TIlE CITY COUNCIL OF THE CITY OF CHULA VISTA, .CALIFORNIA ~ Held Thursday, April 26, 1979 4:00 p.m. :I Conference Room The Council met in the Council/~]/~amh~x at the City Hall, 276 Fourth Avenue, on the above date at 4:00 P.M. with the following Councilmen present: COUNCILMEN Mayor Hyde, Councilmen Egdahl, Gillow, Scott :, Absent: Councilman Cox ADJOURNMENT The Mayor adjourned the meeting at 5:15 p.m. until Monday, April 30, 1979 at 1:00 P.Mo at Rohr Manor, 4548 Sweetwater Road, Chula Vista, California~ for the purpose of participating in a Management Seminar. I, JANE A. DIEDRICHS~ Deputy City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order adopted by the City Council at the 77 meeting of April 26, 1979' ,~ Wne A. Diedrichs Deputy City Clerk ~'~ ty of Chula ista, California .,,., ~..' .?.:. ,, .... . ,7~ .. : ' ~:,~,,i ~ . '. . · ,=- .' "' ' ' ' .~.. .: "'Z' : .... . :." " .' :,.. AFFIDAVIT OF POSTING O~DER ~TATE OF CALIFOP~N.LA ) OF ADJOU~L~'.T OF MFrETING COUNTY OF ,5.~ DIECXJ ) sso CiTY OF CHULA VISTA ) I, Jane A. Diedrichs, being duly sworn depo.~e and That I am the duly choson~ qu~!~f~ed and acting Deputy City Clerk of the COuncil of ~he City of Chula Vista; That ~he adjOUrned regular meeting of ~e Co~cil of the City' of Chula V~sta was held Thursday, April ~6, 1979 ~d said meeting was adjourned to the time add place as seecified in ~e order of adjourmment A~AC}IED HE~TO: That on April 27, 1979 _ _ ?.t the hour of , 10:00a~__ I [~sted a copy of ~aid order at a conspicuous place on or near ~e door of ~ place at which said ~aettng of April 26, 1979 WaS held. ty ity C].erk Subscribed and hworn to before me this