Loading...
HomeMy WebLinkAboutcc min 1980/10/14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Tuesday, October 14, 1980 - 6:30 p.m. Council Chambers, 276 Fourth Avenue ROLL CALL Councilmen present: Mayor Hyde, Councilmen Scott (arrived late), Gillcw, Cox, McCandliss Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Robens EXECUTIVE SESSION MSUC (Hyde/Cox) that an Executive Session be held to discuss pending litigation matters. The Council recessed at 6:30 p.m. to Executive Session and the meeting reconvened at 7:08 p.m. The pledge of allegiance to the Flag was led by Mayor Hyde follcwed by a moment of silent prayer. 1. API~OYAL OF F~I~]T~S for the meeting of October 7, 1980 MSC (McCandliss/Scott) that the minutes be approved, copies having been sent to each Councilman. Councilmen Gillow abstained as he was not present at the meeting of October 7. 2. ~I~CT&I. O~])E~S OF T~J~ DAY (None) 3. Omkl. C2~u~ICATIONS (None) 4. W~ITI~N C(~iICATIONS (None) P~ICHF~&~I~C~A~D~LAT~D~SOLLrfIONSAlg) O~DI~A~CES 5. REPORT ON RESIDENTIAL CONDOMINIUM CONVERSIONS On August 12, 1980 the Council adopted a 90 day moratorium on condominium conversions and requested a survey of local residential condominium and rental activity. The Director of Planning submitted a detailed survey with the following summary of important elements: (1) The vacancy rate in rental units is approximately 4%. A vacancy rate of 5% to 6% is considered "healthy;" (2) Approximately 20% of the apartment units which have been converted are being rented out by the new owner; (3) Condominium units are not enjoying brisk sales. (4) Apartments which have been converted to condominiums tend to sell for less than other types of housing. Mr. Peterson stated there are about 12,000 multiple family units in the City of which 913 were previously rented, making a conversion rate of about 7.6%. He recommended that the moratorium be terminated and staff be directed to continue to monitor vacancy rates in rental units, conversions, and rental rates; and to study ways of encouraging the construction of new rental units, including (a) exclusive zoning for rental units and (b) density bonuses. Mr. Constant David, 4952 Field Street, San Diego, said he is a partner in the ownership of apartments at 576 "J" and 565 James Street in Chula Vista and that they are applying for condomini~n conversion tentative map. He suggested a solution to the problem is to give tenants a list of complexes that would not qualify for conversion or the owner~ of which would guarantee they would not convert for a given period of time. He expressed concern regarding comments in the staff report concerning the sale of condominium unts and discussed the problem senior citizens and families with children have in finding rental units. He suggested these facts should be considered in consideration of any regulations proposed to be adopted. City Council Meeting -2- October 14, 1980 MSUC (Cox/McCandliss) that the Council accept the report and terminate the moratorium. Councilman Gillow questioned the statue of a report requested of the staff concerning the possibility of having a special zone for condominiums. City Attorney Lindberg responded that a report was forwarded to the Council with the recommendation of the City Attorney to delay action on this mmtter pending the outcome of the study being undertaken by the City of San Diego. He said his office has researched the legality of this type of zoning and could find no precedent on either side of the issue. MSUC (Hyde/McCandliss) that the staff have a report back to the Council no later than two meetings from now on this matter. 6. PUBLIC HEARING CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 80-23, EAST ORANGE VILLAGE CONDOMINIUMS, 225-255 EAST ORANGE AVENUE This being the time and place as advertised, Mayor Hyde opened the public hearing. On August 12, 1980 the Council placed a moratorium on the conversion of existing apartments into condominiums for a period of 60 to 90 days pending an in-depth study of the impact of such conversions. The Council also continued the East Orange Village Condominiums tentative map so it could be considered along with the report. The applicant is seeking approval for the conversion of an existing 128 unit apartment complex (7.36 acres) in the R-3-P-17 zone into a one lot condominium project. On July 9, 1980 the Planning Commission recommended the Council deny the tentative map based on the finding that the project is inconsistent with the Housing Element of the General Plan as the conversion would limit the range of housing choice by decreasing an already limited rental stock. Director of Planning Peterson discussed the complex, noting that two units were constructed illegally during the former ownership when they were rental offices and were converted to one-bedroom units. He described the type of units, the storage areas, garages and parking, and said staff is recommending approval with two additional conditions of approval: (1) resurfacing some driveways which are in disrepair; and (2) eliminate the two illegal one-bedroom units. Arthur Peinado, Attorney, 1900 Central Federal Tower, San Diego (representing the applicant) said the conditions proposed by the staff in the report and the additional conditions are acceptable with one exception: They would like to retain the two one-bedroom units as they would be the lowest priced units which would benefit the City and prospective purchasers. Council discussion ensued and it was determined that retaining the units would increase the density allowed which would require additional public hearings. In response to a query from the Council, Mr. Peinado said they would not like to have further hearings, but would prefer to incorporate these units into adjacent units and they will accept the staff report as written. There being no further comments, either for or against, the public hearing was declared closed. a. RESOLUTION N0.10287 APPROVING TENTATIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 80-23, EAST ORANGE VILLAGE RESOLUTION OFFERED by Councilman Cox, and the reading of the text was waived by unanimous consent. Mayor Hyde explained that he was a member of a Joint Condominium Task Force formed for the County Board of Supervisors to study condominium conversions, and said the following preliminary recommendation will be made to the Board in the near future: "Relocation assistance shall be given to those persons who live in the units at the time of notification of filing of a tentative map, providing they live in said unit at the time of sale." City Council Meeting -3- October 14, 1980 MS (Hyde/McCandliss) that an additional condition of approval be added to this condominium conversion that the applicant will comply with any relocation assistance provision that the Council may have in effect at the time the final map is approved. Mr. Peinado said this condition is acceptable to his client providing the City enacts a program providing for relocation assistance through the ordinance procedure with public hearings where they will have an opportunity to speak to the issue. The motion carried unanimousl~ that the additional condition of approval be added. Councilman Scott referred to the Planning Commission's concern regarding the disrepair of the blacktop. MSUC (Scott/McCandliss) that a condition be placed (on approval of the tentative map) that the driveways and paving be brought up to standard as proposed by the staff. THE RESOLUTION, AS AMENDED, WAS PASSED AND ADOPTED by a unanimous vote. 7. PUBLIC HEARING CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 80-32, TELEGRAPH CANYON VILLAS This being the time and place as advertised, Mayor Hyde opened the public hearing. The applicant is requesting approval of a tentative subdivision map, Telegraph Canyon Villas, for the conversion of a 183 unit apartment complex presently under construction into a two lot condominium project. The property (8.94 acres) is located on the north side of Telegraph Canyon Road between Crest Drive and Paseo Del Rey and is zoned R-3. On September 24, 1980 the Planning Commission recommmnded approval of the tentative map in accordance with their Resolution PCS-80-32. The Commission also recommended Council direct that the Telegraph Canyon improvements be planned as soon as possible and a formula for cost allocations be devised so developers may be informed of their obligation for these improvements. Director of Planning Peterson discussed the tentative map, describing the unit size, off-street parking, and storage, noting that the applicant will provide adjacent storage within the patio areas. He also called attention to the Planning Commission's concern regarding the condition requiring the developer to participate in the improvement of Telegraph Canyon Road when the cost is not known and that it should be known at the time of approval of the final map. City Engineer Llppitt reported that staff is working on this reimbursement district and will have a report to Council in early January. Ray L. Huffman, 2700 Adams Avenue, San Diego (Huffman Construction, Inc.) described the complex, including financing and ownership, stating that there was concern regarding rent control possibilities and additional condomini~n conversion ordinances. He said the intent is not to sell the units, but to offer them as rentals. Leases are being offered now. Arthur Peinado, representing the applicant, stated they agree with the conditions proposed by the staff, with the understanding that Condition #5 relating to the separate agreement as to the future assessment district will be reasonable and fair. There being no further comments, either for or against, the hearing was declared closed. a. RESOLUTION NO.10288 APPROVING TENTATIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 80-32~ TELEGRAPH CANYON VILLAS RESOLUTION OFFERED by Councilman Gillow, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. 8. PUBLIC HEARING CONSIDERATION OF ZONING TEXT A~NDMENT PCA-81-1 RELATING TO REPLACEMENT OF GARAGE CONVERSIONS This being the time and place as advertised, Mayor Hyde opened the public hearing. City Council Meeting -4- October 14, 1980 At the direction of the Planning Commission, the Planning Department prepared a proposed amendment to the City Code which would require a replacement garage in the event of a conversion of the existing garage to living quarters. On September 24, 1980, the Commission recommended that the Council enact the proposed ordinance. Director of Planning Peterson discussed the current ordinance allowing for ready conversion of garages to living space, which is not consistent with the requirement for garages in new construction. He commented on the Planning Commission concern regarding the "clutter' resulting from the conversions as well as safety hazards in site distance resulting from cars parked on the street. In answer to a query from the Council, Mr. Peterson said he would estimate approximately 10 to 14 garage conversions are approved each year. David G. Ryder, 1235 Nolan Avenue, Chula Vista, spoke against the ordinance, stating it will create problems of enforcement with illegal conversions being made. He asked that the Council reject the amendment. Niek Slijk, 4450 Vista Nacion, Chula Vista, spoke against the amendment referring to the energy problem with people using their cars less and having fewer cars, thereby decreasing the need for garages. He also discussed the problem of affordable housing, commenting that conversions help families expand their homes at affordable prices. There being no further comments, either for or against, the public hearing was closed. 8a. ORDINANCE AMENDING SECTIONS 19.62.170 AND 19.62.190 OF THE MUNICIPAL CODE RELATING TO THE PROVISION OF GARAGES IN RESIDENTIAL ZONES - FIRST READING Councilwoman McCandliss stated she could see no reason to require replacement garages. MS (McCandliss/Cox) that the Council note and file this recommendation. Councilman Scott spoke against the motion, suggesting that the Codes should be consistent, and if this ordinance is not adopted, the current ordinance should be reviewed as to the requirement for garages. Mayor Hyde also spoke against the motion, noting the rationale of the Planning Commission and Planning Department and agreeing that the motion would be inconsistent with the present Code requirements. THE MOTION CARRIED by a vote of 3 - 2, with Counciln~n Scott and Mayor Hyde voting ~no~t. (Items 9a through 13) MSDC (Scott/Hyde) that the Consent Calendar be approved and adopted. 9a. RESOLUTION NO.102B9 ACCEPTING SEWER EASEMENT ACROSS LOT 169 OF RANCHO ROBINHOOD III 9b. RESOLUTION NO.10290 VACATING SEWER EASEMENT ACROSS LOT 168 OF RANCHO ROBINHOOD III In processing an encroachment permit at 380 Surrey Drive it was determined that a sewer easement had been established at an incorrect location when the Final Map for Rancho Robinhood III was recorded. The City Engineer recommended that the Council accept a new easement at the correct locatiou over the southwesterly 10 feet of Lot 169, Map 8604, and s~mm~rily vacate the unused easement over the westerly 10 feet of Lot 168, Map 8604. 10. RESOLUTION N0.10291 APPROVING AGREEMENT FOR DEFERRAL OF INSTALLATION OF PUBLIC IMPROVEMENTS AT 31Z HILLTOP DRIVE AND LIEN 8ECURING THE FUTURE INSTALLATION OF MAID IMPROVEMENTS On June 24, the Council granted a deferral of public improvements to Joseph Henderson, 312 Hilltop Drive. Mr. Henderson submitted a lien agreement to secure the deferral and staff recommended that it be approved. City Council Meeting -5- October 14, 1980 11. RESOLUTION N0.10292 APPROVING ENCROACHMENT PERMIT FOR THE INSTALLATION OF SIGN FOR COMMUNITY HOSPITAL WITH CITY RIGHT OF WAY On August 20, 1980 the Community Hospital requested permission to encroach into Telegraph Canyon Road right of way with a direction sign to be placed approximately 50 feet west of the southwest corner of Telegraph Canyon Road and Brandywine Avenue. The City Engineer recommended that the encroac~nent permit be approved subject to certain conditions, 12. RESOLUTION N0.10293 APPROVING AGREEMENT WITH CALTRANS FOR MODIFICATION OF SIGNAL SYSTEM AT "L" STREET/INDUSTRIAL BOULEVARD CALTRANS will be constructing a park and ride lot on the north side of "L" Street at Industrial Boulevard. It is necessary to modify the existing traffic signal at the intersection to accommodate vehicles exiting the lot. CALTRANS will pay the City for these modifications. 13. RESOLUTION N0.10294 ACCEPTING PUBLIC IMPROVEMENTS, STREET OVERLAY PROGRAM 1980/81, VARIOUS STREETS WITHIN THE CITY OF CHULA VISTA Daley Corporation completed the overlay of various streets within the 1980/81 Street Overlay Program. Ail work was done in accordance with the contract documents (awarded by Resolution No. 10237) and to the satisfaction of the City Engineer. (END OF CONSENT CALENDAR) ~SOL~TIOffS AIi~ OenIliA~C~$, ffI~ST 14. RESOLUTION NO.10295 APPROVING AGREEMENT WITH STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR ENGINEERING SERVICES The State Department of Transportation prepared an agreement to provide certain construction engineering services for the improvement of Third Avenue between "G" Street and "K" Street -- a Federally funded (FAU) project. The City Engineer recommended that the agreement be approved. RESOLUTION OFFERED by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. 15. RESOLUTION N0.10296 ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF BOX CULVERT ACROSS THIRD AVENUE AT PARK WAY AND SOUTH OF "G" STREET EAST OF THIRD AVENUE Bids were received on October 1, 1980 for the installation of a concrete box culvert and related work as required. The City Engineer recommended that the contract be awarded to Sapper Brothers, Inc. (low bidder) in the amount of $307,946 for the construction of Alternate 1. The Federal Department of Housing and Urban Development has reviewed the bid and approved Sapper Brothers to participate in the Block Grant project. RESOLUTION OFFERED by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. In reply to a query from the Council, City Engineer Lippitt said the approximate completion date will be April 1, 1981. 16. RESOLUTION ACCEPTING BIDS~ AWARDING CONTRACT AND AUTHORIZING EXPENDITURE FOR INSTALLATION OF WINDOW COVERINGS Bids were received on October 3, 1980 for two alternates on the installation of window coverings in City Hall. It was recommended that the bid be awarded to California Canvas Company (low bidder) for Alternate 1 to provide mini-blinds throughout City Hall, with the exception of the Mayor's, City Manager's and Assistant City Manager's offices (where drapes will be installed) at a cost of $3,515.67, and that the Council authorize the expenditure of $4,000 from the City Hall Renovation Fund. RESOLUTION OFFERED by Councilman Scott, and the reading of the text was waived by unanimous consent. City Council Meeting -6- October 14, 1980 MS (Hyde/Gillow) that the exemption of the use of mini-blinds also include the area of the Council Conference room and Council offices -- that the entire office space of the Council wing have the lined drapes rather than the mini-blinds. City Manager Cole stated it might be difficult to award a contract under this arrangement. He suggested that this item be continued one week for staff to determine an appropriate way to do it. SUBSTITUTE MOTION: MSUC (Scott/Cox) that Item 16 be held over for one week. 17. RESOLUTION NO.10297 EXTENDING AGREEMENT BETWEEN COMMUNITY TRANSIT SERVICE AND THE CITY OF CHULA VISTA The existing agreement with Community Transit Services for management and operation of a specialized transportation system (HandYtrans) for elderly and handicapped persons expires on November 16, 1980. After investigation and review, staff recommended that the agreement be extended through June 30, 1981 (approximately 32 weeks) at a maximum cost of $138,880. Sufficient funds have been budgeted to cover this cost. RESOLUTION OFFERED by Councilwoman McCandliss, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. CONTINt~DMATTE~S A~D SECOND emAnINC OF O~DINANC~S 18. RESOLUTION NO.10298 ENDORSING PROPOSITION 1~ THE CALIFORNIA PARKLANDS ACQUISITION AND DEVELOPMENT PROCRAM BOND ISSUE If approved by the voters, Proposition 1 will authorize State general obligation bonds of 285 million dollars for a number of programs, most of which will provide some parkland and recreational facilities in the San Diego region. The State Dapartmant of Finance estimates the cost per parson will be about $1.17 annually. The Council continued this item from the October 7 meeting and requested a copy of the proposed law. Staff submitted a complete copy of Proposition 1 for Council's review. RESOLUTION OFFERED by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. 19. ORDINANCE AMENDING SECTION 5.38.100 OF THE MUNICIPAL CODE RELATING TO HOURS OF OPERATION OF SECONDHAND STORES FIRST HEADING The Federal Cold Exchange, Inc. requested that the City Code be amended to allow them to operate their business during store hours in accordance with their contract with Sears. The Police Department and City Attorney recommended that the amendmment be adopted. Mayor Hyde expressed his concern in making a change in the operating requirements for facilities of this type to conform to the store hours of Sears. He stated this would be more appropriately resolved between the entrepreneur and the store. MS (Hyde/Gillow) that this ordinance be filed. Council discussion ensued concerning the current hours of operation allowed, policing problems, and that store managers apparently have the prerogative of making exceptions to the contract. Ellen Elias, 3895 Midway Drive (represemting Federal Gold Exchange, Inc.) stated they will have a problem if the amendment is not adopted. She said she did not understand the rationale for the original ordinance. MOTION CARRIED that the ordinance be filed. MSUC (Hyde/Scott) that the staff and City Attorney be instructed to re-examine the ordinance in question and make recommendations, if any, for proposed changes. City Council Meeting -7- October 14, 1980 20. REPORT(S) OF a. City Manager Cole introduced Marilyn Leuck, recently hired as the analyst to work with the Policy Analysis and Program Evaluation. b. Mr. Cole reported that the operator of the Glenn Restaurant has defaulted in the rent payment. He asked that the City Attorney suggest a course of action. City Attorney Lindberg said staff recommends that a notice of termination be delivered to the lessee and that the notice be construed as a three day notice to terminate. MSUC (Seott/McCandliss) that the staff recommendation be accepted. 21. REPORT ON ACTUARIAL VALUATIONS OF PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) CONTRACT AMENDMENTS On July 8, 1980 the Council appropriated funds for a PERS Actuarial Valuation to determine the cost of changing the PERS contract to allow for a one-time 3% to 15% increase to pre January 1, 1974 retirees and a 3% to 5% annual cost-of-living increase to all retired City employees. The Director of Finance submitted a detailed cost analysis and recommended that the Council authorize an amendment to the contract to provide a one-time 3% to 15% increase to pre January 1, 1974 retirees at a cost of $12,080 for the first year with a proportionate increase in future years. MS (Hyde/Gillow) that this matter be set for the next Council Conference for further consideration and greater discussion. Councilman Scott suggested that another date be selected as he will not be present on the next Council Conference date of October 23. Mayor Hyde amended his motion to schedule this matter for the first Council Conference when there will be a full Council present. Councilman Gillow agreed as the second and the motion carried unanimously. MSUC (Cox/Scott) that the Council Conference on October 23, 1980 be cancelled (for lack of agenda items). 22. REPORT ON JUNIOR SYMPHONY CONCERT The Director of Parks and Recreation, in a written report, said a plan has been developed for a free concert to be cosponsored by Southwestern College on November 22, 1980 at 8:00 p.m. in the Southwestern Performing Arts Threatre. The College will furnish the theatre rent free and will do all the advertising. The City will pay the advertising costs and possibly the overtime wages for an electrical technician for three hours. MS (Hyde/Gillow) that the report be accepted. Councilman Scott spoke against the motion suggesting that the concert be cancelled if the Youth Symphony does not wish to perform, and stating additional funds should not be appropriated. MOTION CARRIED by a vote of 4-1 with Councilman Scott voting "no." 23. CONSIDERATION OF DRAFT AMENDMENTS TO THE REGULATIONS OF THE I-L AND I ZONES, AUTHORIZING THE ESTABLISHMENT OF CERTAIN COM}~RCIAL LAND USES THEREIN On August 5, 1980 the Council requested staff to prepare a modification to the zoning ordinance which would permit commercial land uses to be established in industrial zones through the conditional use permit process. The Director of Planning sumitted a detailed report outlining draft amendments to the regulations of the "I-L" (Limited Industrial) and "I" (General Industrial) zones. Staff recommended that the draft amendments be referred to the City Planning Commiesion for consideration and recommendation. City Council Meeting -8- October 14, 1980 MSUC (Hyde/Gillow) that the staff recommendation be approved and also ask that specifically the Chamber of Commerce, Bonita Business and Professional Association, Broadway Association and the South Bay Board of Realtors be provided copies of the draft amendments for information and input. 24. REPORT ON USE OF ADDITIONAL FUNDS FOR CHULA VISTA TRANSIT (CVT) BUS REHABILITATION In a written statement, Development Services Administrator Robens reported that the budget of the South Coast Organization Operating Transit (SCOOT) includes $198,000 in FY80/81 for rehabilitating buses used by CVT; however, the cost for parts alone is $228,186. He recommended that the Council approve the use of approximately $30,000 of the $60,900 that was designated for the purchase of two mini-buses for bus rehabilitation. MSUC (Hyde/Cox) that the report be accepted. 24A.REPORT ON COASTAL COMMISSION LAWSUIT City Attorney Lindberg reported that the Cities of San Francisco and National City are supporting the City of Chula Vista in the lawsuit against the Coastal Commission; however, the Cities of San Diego and Coronado have withdrawn their support. Mayor Hyde referred to the United Nations Day celebration scheduled at the Vista Square Elementary School at 6:45 p.m. on October 15, 1980. He said due to a conflict in his schedule he will be unable to attend. He asked if a Member of the Council could speak in his behalf at the program. Councilmen Gillow volunteered to attend. Mayor Hyde stated a tentative date of Thursday, October 30, 1980 has been set for the Council tour of the inclusionary zoning program in Orange County. Plans are to leave at 8 or 9 a.m. and return about 4 or 5 p.m. The Council concurred that this would be satisfactory. Mayor Hyde called attention to a letter received from an organization called "Citizens for Proposition 8" asking that the Council adopt a resolution expressing support for Proposition 8 relating to the construction of the peripheral canal. MSUC (Scott/Hyde) that this be referred to the Legislative Committee for a report back. 25. INCREASE IN MEMBERSHIP DUES FOR NATIONAL LEAGUE OF CITIES A letter was received from the National League of Cities informing the Council of an increase in NLC membership dues to become effective January 1, 1981. Dues for Chula Vista will increase from $1,450 to $1,813. MSUC (Scott/McCandliss) that this be referred to staff for a brief review and recommendation in two weeks as to whether the City will be getting its money's worth. Councilman Cox commented on three fatal injuries occurring on Sweetwater Road in the vicinity of Rohr Park. MSUC (Cox/Scott) that staff ask the County of San Diego to look into the safety of this section of road. Councilman Gillow reported that in a recent discussion with representatives of the San Diego Gas & Electric Company, it was suggested that a member of the Gas & Electric Company serve on the City's Energy Conservation Task Force to give input and to preclude a duplication of effort. MSUC (Gillow/Cox) that this idea be referred to staff for having a representative of the San Diego Gas and Electric Company serve on the Energy Conservation Task Force with a report back in two weeks. City Council Meeting -9- October 14, 1980 MSUC (Scott/Hyde) that the senior Member of the Council (Councilman Cox) chair the Council meeting on October 21, 1980 (in the absence of Mayor Hyde and Mayor pro Tempore Scott). A~JO~I~T at 9:00 p.m. to the meeting scheduled for Tuesday, October 21, 1980 at 7:00 p.m. JENNIE M. FULASZ CITY CLERK ~De]~rty City Clerk