HomeMy WebLinkAboutcc min 1971/12/15 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHU[dk VISTA, CALIFORNIA
Held Wednesday December 1S, 1971
A regular adjourned meeting of the City Council of Chula Vista, California, was held on
the above date beginning at 3 P.M. in the Administrative Conference Room, Civic Center,
276 Fourth Avenue, with the following Councilmen present:
Scott, Hobel, Hamilton, Hyde, Egdahl
Absent: None
Also present: City Manager Thomson, Assistant City Manager Bourcier, City
Attorney Lindberg, Director of Planning Warren, Director of
Public Works Cole, Director of Building and Housing Grady
CAPITAL IMPROVEMENT PROGRAM - Mr. Dick Agee, Lessee, explained his proposed plans for
Chula Vista Municipal Golf remodeling the restaurant and bar facilities. He ex-
Course and Restaurant plained that he has hired an architect and it will be
(The Glenn) about three months before he can get the total plans
together in a workable situation to present to the
Council.
William Bauer, Attorney Mr. Bauer, representing Mr. Agee, discussed the original
agreement in which the sum of $200,000 was stipulated as
maximum for the improvements to be made by the Lessee.
Mr. Bauer reported that the gross revenue has increased
from 30% to 33% since Mr. Agee took over management of
the facility.
John Thomson, City Manager Mr. Thomson noted some areas in which City staff could
participate in its share of the improvements - the
Landscape Planner could provide direction and recom-
mendations, and the Traffic Engineer could review the
parking situation.
(Councilman Hobel arrived at this time.)
Mr. Thomson commented that the Council can make any
modifications to the contract after a review of the
total plans, which Mr. Agee will submit in three months.
William Bauer Mr. Bauer noted some of the alterations that will be
made in the remodeling, such as scaling down the size
of the banquet room, etc. In this way, the construction
cost will still not exceed the $200,000 limitation.
Dick Agee Mr. Agee remarked that he was supposed to take over the
lease on May 18, 1971, but because of the resignation
of the former Lessee, he agreed to take it over on
April i0.
Councilman Hobel Councilman Hobel questioned whether the City should go
out to bid again, since a new proposal will be sub-
mitted in another three months. He commented that in
this new proposal, he would like to see some guarantee
that certain things are going to take place.
Motion to set for Council It was moved by Councilman Egdahl, seconded by Council-
Conference man Hyde and unanimously carried that this matter be
set for Council Conference in 90 days (latter part of
March) or earlier, if the plans are prepared before
that date.
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City Manager Thomson Mr. Thomson confirmed the fact that (1) one of the
preliminary figures received by Mr. Agee for re-
modeling costs was in excess of $400,000; (2) in
October, the staff presented the first part of the
development program for the air conditioning, which
was approved by the Council. The Council then
directed that a program be submitted by Mr. Agee
within 60 days. The staff sent a memo to Mr. Agee
to this effect on October 22 and a follow-up letter
within a few weeks.
IMPLEMENTATION OF PARK LAND City Attorney Lindberg explained that the Park Land
DEDICATION REQUIREMENT OR Dedication Ordinance was adopted on October 12, 1971
FEES AND NEW CONSTRUCTION (effective in 30 days) and the residential con-
TAX LEVY struction tax, which was effective on the date of
adoption.
The specific case before the Council today is the
Rancho Rios subdivision and the Planned Unit
Development south of Main Street. When the de-
veloper came in for his building permits for Unit
No. 1, he was reqired to make payment of the
residential construction tax. Objection was
raised. Mr. Lindberg stated it is his opinion
that the tax is a constitutional one to be levied
at any time and the exemption from that tax to
those that have dedicated park land or paid in-lieu
fees is a proper exemption from this tax.
The second phase, the Breakaway Project, is ready
to start construction, and they, too, have been
requested to make payment of the residential
construction tax.
The issue was also raised as to how much the tax
should be. In this particular development, four
units per structure have been constructed. The
Planning Department has ruled that these are single
family units and should be taxed accordingly, or
fees should be charged at the rate of $220 per unit
for multiple dwelling units. In defining dwelling
units, the ordinance indicates separate family
dwelling units are one thing, and multiple dwelling
structures are in another category.
Mr. Bruce Warren Mr. Warren explained that this type of planned unit
Director of Planning development is providing single family dwelling units
in a different form from that found in a standard
single-family subdivision. The units are designed
for large families, perhaps larger than would be
found in a standard single-family subdivision, par-
ticularly if it is geared toward a lower-family income.
Mr. D~nald Worley, Attorney Mr. Worle¥ stated he is representing Rancho Rios de-
Seltzer, Caplan, Wilkins & velopers. This development consists of 396 dwelling
McMahon units located east of Interstate 80S (9 acres) and
3003 Fourth Avenue south of Otay Valley Road. The tentative map had
San Diego 272 units, approved by the Council prior to the Park
Land Dedication Ordinance.
(Councilman Scott arrived at this time.)
Mr. Worley discussed the proposed tax as stipulated
in the ordinance. He noted the "fantastic" amount
of open space being provided in this development and
asked that this subdivision be considered a special
case and given relief from the residential tax. If
the park was dedicated to the City, the developers
would be willing to put in the improvements.
Ted Odmark Mr. Odmark, the developer, spoke of the green belt
3910 Chapman Street being provided as open space. Under their zoning,
San Diego R-2, they are required to provide 3500 square feet
of gross open space per unit in the project. For
the 396 units, they are utilizing 39 acres but only
32 acres is required. In addition, they have pro-
vided 17 1/2 acres of usuable open space throughout
the project.
After providing this open space and landscaping it
according to City requirements ($150,000), they
would then be required to pay a construction tax of
$88,000 to pay for parks that would result somewhere
else in town, since this development would have an
abundance of open space.
Council discussion Council discussion ensued on the fact that this par-
ticular amount of open space was a drainage channel
which was improved. Councilman Egdahl referred to
the Master Park Plan for the City, and indicated he
would not be in favor of accepting this park land as
dedication to the City. Councilman Hyde noted that
this developer came in "the middle of the stream."
The ordinance should be reviewed in order to provide
some flexibility so that credit can be applied to
those cases that provide an excessive amount of open
space.
Robert Kolky, President Nit. Colton stated his subdivision consists of 164
Breakaway Homes (Apollo #2) units located east of Melrose Avenue. Twenty-five
percent of the 12 acres is devoted to open space.
Council discussion Councilman Scott commented on the Rancho Rios drainage
channel which the developers created into an asset as
open space. He felt, however, the open space in the
Breakaway project was not different from that of any
other development. Councilman £gdahl noted the issue
concerned just the two developments - the ordinance
was ir~osed on them after the fact.
Motion for staff negotiation It was moved by Councilman Egdahl, seconded by Council-
man Hobel and unanimously carried that the new con-
struction tax levy not be fully required in these two
cases which were in the works (approved tentative maps)
when this tax was imposed. Instead, in settlement of
this, the staff is to negotiate with the developers as
to an equitable solution. The end-product of the
negotiations to be brought back to the Council for
ratification. At another time, the Council is to deal
with any changes they wish to make in the ordinance.
City Attorney's recommendation City Attorney Lindberg recommended an Executive Session
be held as soon as the staff can submit all the ramifi-
cations to the Council. The Mayor stated that the staff
is to consist of the City Attorney, City Manager and
Director of Planning.
ADJOURNMENT Mayor Hamiltcn adjourned the meeting at 4:50 p.m. to the
meeting schedule for Tuesday, December 21, 1971, at
7 p.m.
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