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HomeMy WebLinkAboutcc min 1984/11/27 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Tuesda~v, 7:00 p.m. November 27, 1984 ROLL CALL Councilmembers present: Mayor Cox, Councilmembers Malcolm, McCandliss, Scott, (Councilman Moore arrived late 7:09 p.m.) Councilmembers absent: None Staff present: City Manager Goss, City Attorney Harron, Assistant City Manager Asmus PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meetings of November l, 13 and 15, 1984 Mayor Cox noted a correction on page 2 of the minutes of November 1 where he did not second the motion - he abstained from the discussion. Councilman Scott referred to page 13 of the minutes of November 13 stating he was inquiring about the potential conflict of interest for Councilman Malcolm and not hi s own. Mayor Cox noted a correction on page 16: it should state that he offered the resolution and Councilman Scott voted against it. MSUC (Cox/Scott) to approve the minutes as amended. 2. SPECIAL ORDERS OF THE DAY (None) 3.WRITTEN COMMUNICATIONS CLAIM AGAINST THE CITY a. Rough Country Suspension, Inc., c/o John P. McCormick & Mitchell, llO West "A" Street, San Diego, CA 92101 A claim was filed alleging the condition of a roadway caused a two vehicle collision which resulted in severe injuries to the driver and passenger and the death of a child. Due to the remote liability on the part of the City, it was recommended by Carl Warren & Company and the Risk Management staff the City reject this claim. MSUC (McCandliss/Scott) to reject the claim. City Council Meeting - 2 - November 27, 1984 b. REQUEST REGARDING CITY CO-SPONSORSHIP FOR FOUNDER'S DAY CELEBRATION FOR OCTOBER 19, 1985 (Chamber of Commerce) Founders Day 1985 has been scheduled for October 19. The Downtown Committee requested Council consideration of City's help with this program. The City Manager recommended this be referred to staff. MSUC (Cox/Malcolm) to approve the staff recommendation. c. REQUEST FOR FINANCIAL SUPPORT FOR THE MUSIC MACHINE (R on Bolles, Director and Bob Crane & Associates) Mr. Crane and Ron Bolles requested the City's financial support for the Music Machine. MSUC (McCandliss/Cox) to refer this item to staff. Mayor Cox stated the Council will trail the public hearing item (No. 4) pending the arrival of Councilman Moore. Item No. 8 was considered next on the agenda. 8. ORDINANCE 2093 AMENDING SECTIONS 2.04.580 AND 2.04.590 RELATING TO COMPENSATION FOR MB4BERS OF THE CITY COUNCIL AND THE MAYOR - SECOND READING AND ADOPTION (City Attorney) This ordinance was placed on first reading at the meeting of November 20, 1984. This ordinance raises the salaries of the Mayor and the City Council consistent with State law and the City Charter. Mayor Cox stated the article in the Star News contained erroneous information regarding the salaries of the Council. The voters did not approve Propositions "G" and "H" on the 1 ast ballot; however, this particular salary increase is a normal annual increase for the Mayor and Council as it provides for a 5% increase in accordance with State law. The increase to $600 for Councilmembers is also the result of State law permitting this for cities with populations of between 75,000 and lO0,O00. (Councilman Moore arrived at this time, 7:09 p.m.) Bess Pocklington, 656 Glover Place, Chula Vista, stated she has received numerous calls from citizens who are furious that the Council had granted themselves an increase after they voted down the salary increases in the last Election. She recommended, with the explanation offered by the Mayor, the Council submit to the Star-News, clarification on the salary increases and also to make known their tota'~T' fringe benefits. Mayor Cox asked the City Clerk to prepare a fact sheet and submit it to Mrs. Pocklington and the media. City Council Meeting - 3 - November 27, 1984 Robert Maxwell, 473 Berland Way, Chula Vista referred to the arguments submitted i n the sample ballot for the Mayor's and Councilmembers salary. He stated the Council will be getting approximately ~20 per hour and questioned the salary increase in lieu of the fact the City Manager is now paid in excess of $60,000 a year and is supposed to be running the City. The Councilmembers reminded Mr. Maxwell that the Council does not just spend the time at the Council meetings - a great deal of time i s spent studying Council material for the meetings and attending functions outside of meetings. Mr. Frank Ferreira, 270 Bonita Glen Drive, supported the Council's salary increases stating it was "ungraceful" for a city this size to pay their Councilmembers such a small salary. MSUC (Scott/Malcolm) to send a letter to all of the media and especially the Star-News explaining what has transpired and to hold this item over until the next meeting. This letter is to be signed by the Mayor. 12. REPORT RECOMMENDING DENIAL OF REQUEST FOR ENCROACHMENT PERMIT PE 044 AT 506 CAMINO ELEVADO - (Continued from the meeting of November 20, 1984) {Director of Public Works/City Engineer/Director of Parks and Recreation)) This item was continued from the meeting of November 20, 1984 to enable a full Council to be present. Approximately one year ago, it was brought to the City's attention that the owner of the property at 506 Camino Elevado, Mr. George Ronis, had built a wooden deck at the rear of his house. The deck extends into the City's open space (over a slope) a total of 14 feet. After repeated contacts, Mr. Ronis paid his application fee for an encroachment permit on September 9, 1984 but a letter of application was never received by the Engineering Department. The records in the Building Department show that no building permit was obtained to build the deck. On June 27, 1984, the City Attorney's office filed a three count criminal complaint relating to the same deck. Mr. Ronis subsequently pleaded not guilty and requested a trial. Said trial is currently set for November 30, 1984. Staff recommended that the Council deny the request for the subject encroachment and direct the applicant to remove the encroachment by December 20, 1984. City Manager Goss stated the applicant has just submitted a letter to the City stating he will take down hi s deck within 90 days. The City Attorney has withdrawn the complaint and the recommendation is to accede to this request and permit the 90 day extension period to Mr. Ronis. City Council Meeting - 4 - November 27, 1984 MSUC (Malcolm/Moore) to accede to his request and to grant the 90 day period. PUBLIC HEARINGS AND RELATED RESOLUTIONS 4a. APPEAL OF PLANNING COMMISSION ACTION TO NOT ADOPT NEGATIVE DECLARATION IS-85-9 LA QUINTA MOTOR INNS {Director of Planning) 4b. PUBLIC HEARING CONSIDERATION OF AMENDMENT TO THE BONITA GLEN SPECIFIC PLAN TO INCREASE THE HEIGHT LIMITATION FOR BUILDINGS AND ARCHITECTURAL FEATURES LA QUINTA MOTOR INN RESOLUTION//~zX/~ A}4ENDING THE HEIGHT REGULATION OF THE BONITA GLEN SPECIFIC PLAN ~. PUBLIC HEARING CONSIDERATION OF DEVELO~ENT PROPOSAL FOR A 140-UNIT MOTEL WITHIN THE BONITA GLEN SPECIFIC PLAN LA QUINTA MOTOR INNS RESOLUTION 11848 APPROVING THE DEVELOPMENT PROPOSAL FOR A 140-UNIT MOTEL AT THE SOUTHWEST QUADPJ~NT OF BONITA ROAb AND INTERSTATE 805 Mayor Cox stated since all of these items are related he will open public hearings on 4a,b and c. Councilman Scott stated he had a potential conflict of interest. City Attorney Harron explained Councilman Scott stated that in regard to matters concerning Bonita Road, it would be his inclination to stop all development until such time as some kind of traffic solution is provided. That being the case, it could have a detrimental affect on Mr. Scott's client who owns property in the area. Therefore, Mr. Scott does have a potential conflict of interest. The City Attorney stated {as to Councilman Malcolm's property to the east on Bonita Road), that he requested the advice of the Fair Political Practices Commission (FPPC). They responded that individual projects coming before the Council do not require any solution going beyond the individual applicant; therefore, there is no reason to assume it would have a detrimental or beneficial effect on the property owners in the area and, therefore no reason for Councilman Malcolm to abstain just because of other ownerships. Councilman Malcolm stated he bought that property in 1980, sold it in 1983 and it closed escrow in 1984. His name remains on the title interest for a period of one year (according to State law). Councilman Scott left the dais at this time, 7:42 p.m. Director of Planning Krempl reported that on April 20, 1977, the Planning Commission adopted as final, EIR-77-2 (Bonita Glen Specific Plan). In 1977, City Council Meeting - 5 - November 27, 1984 the City Council certified EIR-77-2 and adopted the Bonita Glen Specific Plan. In May 1984, a traffic study (prepared by New Horizons, Planning Consultants, Inc.} was submitted to staff which discussed traffic impacts surrounding a proposed commercial project wi thin the Specific Plan Area. On October 15, 1984, the Draft Negative Declaration IS-85-9 was issued, which discussed impacts and mitigation measures necessary to reduce traffic impacts to a level of insignificance. On October 24, 1984, the Planning Commissi on took action not to adopt Draft Negative Declaration IS-85-9. The applicant has appealed the P1 anning Commission's action indicating that adequate environmental analysis has been conducted and that they have no objections to recommended mitigation measures included in Draft Negative IS-85-9. The City's Traffic Engineer indicated that with improvements proposed by CalTrans to the interchange of Bonita Road and 1-805 and the mitigation measures recommended in Draft Negative Declaration IS-85-9, the proposed motel will not create significant adverse levels of service. Principal Planner Lee explained that the applicant requested an amendment to the Bonita Glen Specific Plan (southwest quadrant of 1-805 and Bonita Road) by increasing the height limitation for buildings from two stories (30 feet) to three stories (38 feet) and for architectural features (spires, towers, cupolas, etc.} from 45-50 feet. The applicant, La Quinta Motor Inns, proposed to construct a 140-unit three-story motel on the property immediately adjacent to the Denny's Restaurant at llO Bonita Road. Mr. Lee submitted plats of the proposed development and access configuration. He explained that since the adoption of the Specific Plan, a four-story 45-foot high motel (Ramada Inn) has been built on the north side of Bonita Road. The elevation at the top of the motel is approximately 85 feet. Based on this development and the changing development pattern for the Bonita Glen area, staff indicates there is justification in increasing the height limitation on the south side of Bonita Road. However, much of the views enjoyed by the adjacent residential areas should be maintai ned. Increasing the basic building height by 8 feet (30-38 feet) and the bell tower by 5 feet will allow the overall building height to be maintained below the lO0 feet elevation point. Minimal architectural projections such as bell towers can exceed the 100' elevation point without creating any view conflicts. Ingress and egress was then discussed by Mr. Lee stating the staff's preference was for an access to Bonita Glen Drive; however, this cannot be accomplished without the approval of the adjacent property owner. The staff recommendation would be to approve the increased height limitation from two to three stories for the motel up to 38' and for the architectural features for up to 45-50 feet. Further, the staff recommended the new height limitations not apply to the property on the south side of Bonita Glen Drive or to development within 100 feet of Vista Drive in order to preserve the view of the homes in that area. City Council Meeting - 6 - November 27, 1984 Mr. Chuck Glass, Traffic Engineer summarized the traffic study that was done a few years ago when the office complex was proposed. The traffic study for this particular proposal was similar. Mr. Glass referred to his Exhibits in the Council packet stating that in the late Spring, Caltrans would bring in improvements along Bonita Road and traffic signals would be installed. It was the opinion of staff the motel could go in and would not cause any significant increase i n traffic. Council discussion followed regarding Route 54 and the impact this will have on Bonita Road; the Caltrans improvements and the signalization which will go in on Bonita Glen Drive and Bonita Road; the cost of the traffic signals to be paid partly by the developers; the negative impacts if the motel goes in; staff's recommendation to place a hold on the occupancy of the motel until Caltrans puts in the Bonita Road improvements; the original goals of the Bonita Glen Specific Plan; consolidations of the parcels in that area; the original Master Plan in comparison with this plan; ingress and egress into this property; the use of the "unnamed road"; and the joint exit off from the Denny's Restaurant onto this complex. Director of Planning Krempl submitted a written report noting the applicant is requesting approval of a development proposal to construct a three-story 140-unit motel on the property located immediately adjacent to and south of the Denny's Restaurant at llO Bonita Road within the Bonita Glen Specific P1 an. He recommended approving the development proposal subject to the following conditions: 1. The site plan and architecture including all signs for the proposed project shall be submitted to the Design Review Committee for review and approval. 2. The developer shall sign an agreement consenting to the future modification of parking, landscaping, and access to accommodate joint access for adjacent property owners to Bonita Road. The joint access shall become effective at the time the adjacent property owner grants vehicular access to Bonita Glen Drive. All access widths and locations are subject to the City Planning Director's approval. 3. Landscape and irrigation plans shall be prepared which address the adjacent right-of-way areas along Bonita Road, 1-805 Freeway, and the unnamed cul-de-sac at the south side of the project. The limits of the right-of-way area adjacent to the unnamed street shall extend from the west side of the motel's secondary access to the freeway right-of-way and include the area north of the paved street up to the project boundaries. City Council Meeting - 7 - November 27, 1984 Director Krempl stated land use (a 140-unit motel), the site plan, and architecture are in compliance with the principles and goals of the Bonita men Specific P1 an. There are a number of specific details such as: the submittal of a complex sign program consistent with the adopted Bonita Glen Plan, parking and landscaping refinements, and coordination of the elevations and the site plan which need additional refinement or fine tuning. It is recommended that this responsibility be delegated to the Design Review Committee and approval at this time be limited to the land use. Mr. Ralph Barrett, 1300 Dove Street, Suite 200, Newport Beach speaking for La Quinta Motor Inns stated they have 150 motels across the country. It is their understanding that the traffic improvements will be made within the next two years. The typical time for opening would be 18 months from now and at that time, the improvements to Bonita Road should be completed. Mr. Norman Williams, Planning Consultant, 3404 Bonita Road, Chula Vista representing La Quinta Motor Inns discussed the original Bonita Glen Specific Plan. He stated the Planning Commission denied the Negative Declaration because they were looking at the total traffic on Bonita Road and not for this one particular complex. La Quinta meets all City requirements and agreed to all of the conditions proposed by staff. Larry Young, 16700 Valley View, La Mirada representing Denny's Restaurant stated they operate along with the La Quinta motels in over 50 locations throughout the country and find it very compatible. The peak periods at Denny's Restaurant do not coincide with the peak periods of the La Quinta Motor Inns so there would be no overlapping times for parking and ingress and egress. Speaking in opposition were Jacqueline Lassman, 471 Jacaranda Drive; George Kost, 3609 Belle Bonnie Brae Road, Bonita, Vice President of Sweetwater Valley Civic Association; Lawrence Lassman, 471 Jacaranda Drive; William Beale, 7 Vista Drive; Grethen Burke, P.O. Box 321, Bonita and Frank Ferreira, 270 Bonita Glen Drive, Chula Vista. Their comments were: 1. The traffic generated on Bonita Road and the hazardous conditions existing to the drivers. 2. The future developments along this road and the daily trips that would be generated from those developments. 3. Suggestion that the County, National City and Chula Vista get together and come up with a plan which would take care of the traffic problems on Bonita Road. 4. Put a sign on 1-805 that would li st the services on Donira Road rather than have each individual project come up with signs. 5. (Ferreira) Concern about obstructing the view of the residents in that area. City Council Meeting - 8 - November 27, 1984 6. Ferreira) Plans for a 301-unit office/motel building that would not allow use of the joint access on the unnamed street. 7. (Burke) Question when the traffic signal would be installed on Allen School Road and Bonita Road. Traffic Engineer Glass stated the Bonita Allen School Road traffic signal is not a high priority; however, the one on Flower Street/Bonita Road is. Mayor Cox asked Mr. Glass to send a copy of the priority list to Mrs. Burke. Gene York, 805 Properties and owner of the property, stated the plan meets all of the City's criteria except for the height limitation which is the request before the Council. If access was limited only to Vista Drive, it would create many more problems than just taking access from Denny's Restaurant. A recess was called at 9:25 p.m. and the meeting reconvened at 9:40 p.m. Council discussion followed with staff answering questions regarding the Negative Declaration which was not included in the Council packet; the traffic study along Bonita Road; the traffic generated by the Bonita Plaza Road and shopping center; recertifying the Environmental Impact Report; the sales tax and Transient Occupancy Tax (TOT) that would be generated by this development and the need for staff to take immediate action to alleviate the traffic congestion along Bonita Road. Item 4a - MSC (Malcolm/Moore) to grant the appeal of the Planning Comission to not adopt the Negative Declaration IS-85-9. (Councilman Scott abstained) /I~"'~FF Item 4b - RESOLUTION ERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved with Councilman Scott abstai ni ng. Item 4c - MSC (McCandliss/Moore) to amend the resolution to restrict occupancy o~'~'¢6'~'june 1986 unless the Caltrans improvements are completed (on Bonita Road). This amendment to be added also to the Negative Declaration (4a). Councilman Scott abstai ned. Item 4c - RESOLUTION A AMENDED, OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved with Councilman Scott abstai ni ng. Councilman Moore asked that the traffic study from Bonita Road and "H" Street and over to Otay Lakes Road be one of the goals to be added to the agenda for the Decamber 1 Council meeting. Councilman Scott returned to the dais at this time. 5. ORAL COMMUNICATIONS (None) (Item No. 17 was brought up on the agenda at this time). City Council Meeting - 9 - November 27, 1984 17. PROPOSED NAVY HOUSING PROJECT The City Clerk read, for the record, a letter from Captain Jan Cook, CEC USN whereby the Navy stated in summary: that Congress has approved the purchase of Telegraph Canyon Point and funds have been deposited in escrow; the Navy will comply with regulations with the preservation of the scenic route; will provide a 50-foot landscape buffer between the development and the adjacent property; the buildings will be limited to two stories; lO acres will be provided for open space; Navy will pay its fair share of utility connection charges and will consider the assignment of both Junior and Senior enlisted Captain Cook responded to Council's question to the off-site improvements stating that they are trying to get this into the budget; however, at this time they cannot give the Council a definite commitment on it until the funds are provided by Congress. Councilman Scott commented the Council has been very cooperative with the Navy; however, he feels the Council was "steam-rolled" - they did not have an opportunity to make any decisions on the project. The Council has had no options on this particular development. Speaking in opposition was Gary Caddell 1820 Citadel Court; Sally Caddell 1820 Citadel Court and Martha Gotman, 1825 Citadel Court, (all of Chula Vista). In summary, their comments were: the concern with the traffic congestion along Otay Lakes Road, Telegraph Canyon Road; the traffic generated by the Charter Point Subdivision; the traffic signals to be installed; and the possibility of the Navy widening Telegraph Canyon Road. Mayor Cox stated he will be submitting names to the City Council for ratification for the Task Force Committee at the next meeting. Mrs. Bess Pocklington, 656 Glover Place, Chula Vista, stated her husband is a Navy man and she was dismayed over the comments made at the November 19 Community Forum meeting by the residents of that area. The letter submitted by the Navy this evening shows that they have a "spirit of cooperation" and therefore, she totally supports the project. CONSENT CALENDAR (6-8) Item 8 was considered earlier on the Agenda - see page 2. MSUC (Malcolm/Moore) to approve the Consent Calendar (Items 6 and 7). 6. RESOLUTION 11849 AMENDING FY 1984-85 BUDGET AND PROVIDING FOR THE APPROPRIATION OF FUNDS FOR SALARY AND FRINGE BENEFIT INCREASES FOR FY 1984-85 (Director of Finance) City Council Meeting - lO - November 27, 1984 Contracts have been ratified with each of the four employee groups and compensation fringe benefit level s have been determi ned for al 1 other employees as well. It is now necessary to amend the budget and appropriate funds in the amount of $1,219,000 to cover these increases. 7. RESOLUTION 11850 DECLARING THE COUNCIL' S INTENTION TO VACATE A PORTION OF "C" SllREET, WEST OF DEL MAR AVENUE AND SETTING THE DATE OF A PUBLIC HEARING FOR SAID VACATION (Director of Public Works/City Engineer) The owner of the property at the northwest corner of "C" Street and Del Mar Avenue, Mr. Mitchell Angus, requested that the City vacate a 7-foot-wide strip of right-of-way of "C" Street along the property frontage. In accordance with the California Streets and Highways Code, the City Council must adopt a resolution of intention to vacate public right-of-way and set the date of a public hearing. The resolution sets the public hearing for December 18, 1984. End of Consent Calendar 8. ORDINANCE 2093 AMENDING SECTIONS 2.04.580 AND 2.04.590 RELATING TO COMPENSATION FOR ME)4BERS OF THE CITY COUNCIL AND THE MAYOR - SECOND READING AND ADOPTION (City Attorney) See page 2. RESOLUTIONS AND ORDINANCES, FIRST READING 9. RESOLUTION 11851 AUTHORIZING THE PAYMENT OF ALL LAFCO AND STATE BOARD OF EQUALIZATION PROCESSING FEES FOR THE PROPOSED "BROADWAY/PALOht~R STREET REORGANIZATION" (Director of Planning) Councilman Malcolm congratulated Mayor Cox and Councilman Moore for their work to get this project completed. The proposed reorganization involved the annexation of approximately 23 acres of uninhabited territory located at the northwest corner of Broadway and Palomar Street and concurrent detachments from the Montgomery Fire Protection District, Montgomery Sanitation District, San Diego County Flood Control Di strict-Zones 32 and 4, and County Service Area No. 62 - Montgomery. The major property owner of the subject territory, Sun Belt Property, with the support of its two major tenants (Ralph's Grocery Company and Target Stores), intends to initiate the proposed reorganization by landowner petition. The City, however, has offered to pay all annexation processing fees on behalf of Sun Belt Property in order to expedite the process through LAFCO (I2,000). RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting - ll - November 27, 1984 lO. RESOLUTION 11852 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR MASTER PROPERTY TAX TRANSFER (City Manager) The City, along with most but not all other cities i n the County, entered into a Master Property Tax Transfer Agreement with San Diego County four years ago. That agreement {expired November l, 1984) allocates the property tax revenues between the City and the County and special districts whenever an annexation occurs in accordance with Section 99 of the Revenue and Taxation Code. Over the past several months, a committee representing the cities, have negotiated with County representatives to develop a new agreement. Such an agreement is designed to cover routine annexations and would not cover major annexations nor dissolutions of special districts. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. ll. RESOLUTION OF INTENT TO GRANT MODIFIED FRANCHISE AGREEMENT AND SETTING A 11853 PUBLIC HEARING TO CONSIDER THIS PROPOSED AGREEMENT ON DECEMBER ll, 1984 - (City Manager) On April 16, 1964, the City Council of the City of Chula Vista adopted Ordinance No. 882 granting a franchise to Area Television Antenna, Inc. to operate a community antenna television system in the City of Chula Vista. That franchise was subsequently taken over by Cox Cable. The original franchise under which Cox Cable operates is for 30 years, expires in 1994, and provides a franchise fee of 2% of gross revenues related only to the transmission of general broadcast programs. On October 30, 1984, the President signed S66, a comprehensive federal cable bill designed to protect the cable industry's interest. The bill was later modified i n the House of Representatives. Generally the m~or elements of the proposed cable television franchise are: 1. The franchise fee is changed from 3% of basic cable service to 3% of basic and pay cable television service and providing for quarterly franchise fee payments. 2. Cox Cable provides separate channels for government, education, and the public. 3. Section 20, Paragraph C, contains the commitment by both parties to agree to discuss future non-entertainment uses of cable television including the possibility of entering into joint ventures to promote business or other non-entertainment uses of cable. 4. The franchise provides a new Section 9 requiring prior approval of the City Council when ownership or control of 30% or more of the voting stock of the Grantee is acquired by another person or entity. City Council Meeting - 12 - November 27, 1984 5. Provisions regardin9 insurance. 6. The Grantee maintain a written record of customer service requests and complaints and made an annual report to the City. 7. A provision in the franchise to determine the purchase price if the City elects to purchase the cable system upon termination of the franchi se. 8. Rate setting is deregulated with the provision that the Grantee establish its own rate and charges for service rendered to subscribers. 9. Proposed that this franchise, similar to the current one, be for a 25-year period. 10. It is estimated that the City will receive $71,000 in additional revenue from the proposed franchise in 1985. The City Manager recon~nended setting a public hearing to consider this proposed agreement on December l l, 1984. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. CONTINUED MATTERS 12. REPORT RECOMMENDING DENIAL OF REQUEST FOR ENCROACI(4ENT PERMIT PE 044 AT 506 CAMINO ELEVADO - (Continued from the meeting of November 20, 1984) {Director of Public Works/City Engineer/Director of Parks and Recreation} ) See page 3. 13. REPORT OF THE CITY MANAGER a. City Manager Goss reminded the Council of the meeting to be held Saturd~, December 1 at 8:30 a.m. at which time goals and objectives and the budget surplus will be discussed. He urged the Council to contact him for any goals they wish to discuss at this meeting. b. City Manager Goss referred to Item No. lO on the agenda stating the County has al ready approved the Master Property Tax Transfer. It constitutes a unilateral agreement between the County and the City gi vi ng the City a better tax cut of property taxes i n future annexations. City Council Meeting - 13 - November 27, 1984 REPORTS OF OFFICERS AND DEPARTMENT HEADS 14. REPORT REPLACEMENT OF EXISTING SEWERS IN COUNTRY CLUB VILLAS SUBDIVISION (Director of Public Works/City Engineer) Director of Public Works/City Engineer Lippitt submitted a written report explaining that the sewer lines serving Country Club Villas (bounded by Hilltop Drive, "L" Street, Country Club Drive and "K" Street) are falling apart. These sewers were constructed and accepted by the City on June 12, 1928 under the proceedings of the "Acquisition and Improvement Act of 1925." Because of their age (56 years), mortar joints and poor glazing of the clay pipe, these sewers have gone beyond their serviceable life. Engineering staff recommends that the existing sewer pipe within the Country Club area be replaced with new pipes. New sewer service laterals would be constructed from the sewer main to the front property line of each lot. It is proposed that it be the responsibility of each property owner to make arrangements with their plumber to construct a new house line to connect to the 1 ateral. The estimated cost for constructing new sewer mains and laterals to the property 1 i ne i ncl udi ng contingencies and engi neeri ng i s $455,000. The additional cost for property owners served by the sewer to install their house line for connection to the new lateral is estimated at $292,000. Staff has investigated several alternatives to fund this undertaking and because of the emergency nature of the project, has begun the preliminary engineering for the preparation of construction pl arts and specifications. Staff recommended City Council authorize the City Engineer to retain a consultant engineer to provide staff the required surveying field data for preparation of construction plans and specifications and authorize the expenditure of funds from budgeted Project Sl08, Fifth Avenue Sewer "J" to "K" Streets for engineering plans, cost estimate and specifications including consultant engineering fees. City Engineer Lippitt stated that a meeting has been scheduled for Thursday evening with the people in that area. MSUC (Malcolm/Scott) to approve the staff recommendations. 15. REPORT AMERICAN LEGION LEASE (Assistant City Manager) American Legion Post 434 has leased 1.68 acres of City-owned land on Menzel Field since 1941. In 1955, they built a building on the property and signed it over to the City in exchange for a 20~year lease running until 1975. In 1975, the lease was extended to June 30, 1985 without an option for extension. The Legion's early request in 1975 for an extension to 1995 was denied by the City Council. City Council Meeting - 14 - November 27, 1984 In his written report, Assistant City Manager Asmus recommended Council authorize and/or direct: 1. Notification to the American Legion that the City does not intend to renew the current lease upon its expiration on June 30, 1985. 2. Extension of the lease on a monthly basis after June 30, 1985, not to exceed 12 months so long as the Legion actively demonstrates an effort to 1 ocate new quarters. 3. Continued staff efforts to assi st the Legion i n 1 ocati ng new quarters. 4. Staff to prepare a report on the cost effectiveness of renovating the structure to meet earthquake standards versus demolition versus new construction. 5. The Director of Parks and Recreation explore availability of State/Federal or other funds to meet renovation costs or build a new multi-purpose center on the site. 6. If the existing structure is renovated or a new community center facility is constructed on the site, consideration be given to a program where the Legion could continue all their current activities (meetings, bingo, storage and office space) except a bar operation. The current lease agreement provides $1.00 per year in annual rent. Unless revised in a lease extension the $1.00 per year times the new extended term would continue. It is estimated $117,000 would be required to simply make the building structurally safe and $5,000 to demolish. Cost to construct a new structure has not been estimated. Robert McAuley, Commander American Legion Post 434 stated that in 1955 the Legion gave the building to the City. 1. They are now willing to take the building back in order to relieve the City of any liability connected with the building. 2. If they take the building back, they want to be assured of some long range planning. 3. They will propose a beautification program. 4. Referred to the list of American Legion donations given to organizations in the community. He stated the present membership is 600 and the Ladies Auxiliary have close to 200 members - 75% of the members are residents of Chula Vista. In 1974, the Legion paid the City ~7,500 in order to get the paving done on the parking lot. City Council Meeting - 15 - November 27, 1984 Mr. Bill Ayers, 44 East Mankato Street, Chula Vista, stated the Legion is opposed to the staff's six recommendations. He noted that although the building was given back to the City in 1955 the American Legion was still required to pay property taxes on it. Mr. Ayers asked for a lease in perpetuity with the condition that at some future time, the American Legion may have the option to purchase the land from the City. Mr. George Gertz, Lemon Grove, Technical Advisor, American Legion stated that in June 1985, the Legion will hold its State Convention in San Diego. Over lO,O00 Legionaires will be coming to the City and he wants them to be welcome i n Chul a Vista. Mayor Cox commented the City has provided the Legion with this property for a great number of years. There is a concern with alcoholic beverages being sold on City property. Chula Vista has always supported veteran organizations and there is no desire on the part of the Council to evict the Legion now. He would like to see some improvements in the architecture of the building and more landscaping. He suggested giving the Legion 3-5 months to come up with a program to renovate the building, make it structurally compatible, have it considered by the Design Review Committee and to complete the landscaping plan for the entire site. MS (Moore/Malcolm) for the American Legion to present a program for major updating of the building, a landscaping plan, a financial plan and a time schedule. This is to be submitted to the City Council no later than May 30, 1985. Discussion of the motion followed with Councilman Scott expressing his concern for turning over a building to an organization that is deemed unsafe. If a tragedy occurs, the City could, in part, be liable. Mayor Cox stated the American Legion's plan would have to guarantee the structural integrity of the building. Commander McAuley stated they would like to propose a program stating to the City what they can do to beautify the Legion Hall. They will not be able to change the shape of the building but they can do some work in architecture and landscaping, SUBSTITUTE MOTION MSUC (Cox/Scott) to direct staff to work with the American Legion in coming up with a program that would address the concerns expressed by the City Council and staff tonight and come back to the Council by May 30, 1985 with a report. Further, that a progress report be submitted to the Council every two months. 16. MAYOR*S REPORT a. Mayor Cox announced that the Christmas Tree Lighting Program will be held on December 13. To date, $1,250 has been received from private donations. Mayor Cox listed people who contributed to this program. City Council Meeting - 16 - November 27, 1984 b, Mayor Cox remarked that the Coastal Commission will be meeting this Friday in Los Angeles and one of the items is the San Diego Convention Center, He asked for Council authorization to pay his expenses to Los Angeles so that he can speak in favor of the Center. Councilman Scott noted the Council never took action in support of the Center and indicated it was inappropriate for the City to send the Mayor to speak in favor of a project the Council has not taken any action on. A motion was made by Councilman Malcolm to authorize funds to send the Mayor to Los Angeles to attend the meeting of the Coastal Commission. The motion died for lack of second, 17. COUNCIL COMMENTS a. Councilwoman McCandliss asked if a live reindeer would be brought over to the Christmas Tree 1 i ghti n9 program from the Price C1 ub Christmas display. Mr. Goss responded he received word that this could not be do ne. b. Councilwoman McCandliss remarked that if the Council still had strong feelings in opposition to the Navy Housing project it was still not too late to state them. A land swap or other alternatives are still possible. ADjOURi~4ENT AT 11:30 p.m. to the special Council Conference on Saturday, December l, 1984 at 8:30 a.m. and to the regular City Council meeting scheduled for December 4, 1984 at 7 p.m. c/~ City C1 erk W PG: 0506C PAG