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HomeMy WebLinkAboutcc min 1978/08/10 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Thursday - 4:00 p.m. August 10, 1978 An adjourned regular meeting of the City Council of the City 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 Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Cox, Gillow, Scott (Councilman Scott arrived at 4:30 p.m.) Councilmen absent: Councilman Egdahl Staff present: Acting City Manager Asmus, City Attorney Lindberg, Director of Planning Peterson, Director of Building and Housing .Grady, Fire Chief Longerbone 1. CONVERSION OF APARTMENTS Mayor Hyde commented that this item will be discussed after TO CONDOMINIUMS Item #2, pending the arrival of Councilman Scott. 2. LANDSCAPE MANUAL Assistant City Manager Asmus explained that on April 5, AND LANDSCAPE 1977 the amendments to the Landscape Manual;were submitted MAINTENANCE ORDINANCE to the Council at which time two citizens objected to a provision in the Manual dealing with the requirements for a landscape architect to draw the landscape plans or "some- one knowledgeable in that trade." As a result of this complaint, the matter was referred to a Council Conference on Juty 26, 1977; however, due to the restraints of.time, it was not acted on at that meeting. Revisions to the Director of Planning Peterson discussed the proposed revi- Landcape Manual sions to Section 3.1 of the Manual stating they were mostly "housekeeping" revisions. The main concernwas the complaint received by the Council that the City was actually reqUi~ing a landscape architect for every landscape plan - this is not true. The problem lies in getting a landscape plan designed by an applicant not knowledgeable in that field. This results in the Planning staff taking hours of time trying to assist that person. Mr. Peterson added that the requirement in the Manual is a valid one: that if a land- scape architect does not do the plan, then it should be done by someone familiar in that field. DiscuSsion A general discussion foliowed during which the Councilmen questioned the staff on the requirements for irrigation, plant materials that donor require a great deal of water, and various elements of the Manual. Motion to bring It was moved by Mayor Hyde and seconded by Councilman Cox back resolution that a resolution be brought back adopting the amendments for approval as included in Exhibit "A" of the staff's report. Motion carried The main motion carried by the foilowing vote, to-wit: AYES: Mayor Hyde, Councilmen Cox, Gillow Noes: None Absent: Councilmen Scott, Egdahl Motion for change It was moved by Mayor Hyde and seconded by Councilman Cox of wording that prior to adoption, the wording be modified to insert, after the word "demonstrates: (#3, paragraph 3.1 of the Landscape Manual): "to the satisfaction of the Planning Director or his designated representative..." Adjourned Regular Meeting -2- August 10, 1978 Motion carried The motion c~rried h~ the following vote, to-wi~: AYES: Mayor Hyde, Councilmen Cox, Gillow Noes: None Absent: Councilmen Scott, Egdahl Motion to include It was moved by Mayor Hyde and seconded by Councilman Gillow revision that part of the resolution that is going to be brought back amending the Landscape Ordinance include the revision proposed here = 3.1 of the General Requirements. Motion carried The motion carried by the following vote, to:wit: AYES: Mayor Hyde, Councilmen Gillow, Cox Noes: None Absent: Councilmen Scott, Egdahl 1. CONVERSION OF APARTMENTS Mayor Hyde remarked that at the meeting of August 1, 1978 TO CONDOMINIUMS the Council held a public hearing on the conversion of the La Bonita apartment complex. The hearing was closed and action was continued for two weeks - to the meeting of August 15, 1978 - to follow the Council Conference scheduled for today. Condominium Conversion An information sheet was submitted to the Council by the Information Paper Director of Planning which he discussed in detail: (1) the number of dwelling units in the City; (2) Condominium units - those converted and those built as condominiums; (3) arguments for and against regulating condominium conversions; (4) types of regulations-- those to protect the tenants, to protect prospective purchasers and regula- tions to upgrade the units. (Councilman Scott arrived during Mr. Peterson's presentation - 4:30 p.m.) Mr. Peterson emphasized that it should be recognized that regulations for the conversion of apartments to condominiums are more social than land use planning in character. Uniform Fire Code - Fire Chief Longerbone stated that certain apartments require Chief Longerbone built-in fire protection at the time they are built; but condominiums do not, other than on-sit~e hydrants, egress and ingress to the condominiums. The Fire Code requires wet and dry standpipe systems, automatic sprinkler systems and alarm systems which is the biggest requirement. Chief Longerbone detailed the requirements of those provisions in both the apartments and condominiums stating the problems arise, at the time of the conversion, as to who is re- sponsible for maintaining the fire protection systems. In the Robinhood Subdivision, the HomeoWners'~ AsSociation has assumed this responsibility. City Attorney Lindberg stated it would be a.legal requirement to designate~the Homeowners Associationfor this maintenance. Uniform Building Code Director of BUilding and Housing Grady explained that under the Building Code, apartments are required to have a one- hour fire wall separation between units and condominiums have a two-hour fire wall. This requirement has been effect for 18 months (1976 UBC). Adjourned Regular Meeting -3- August 10, 1978 Council discussion A general discussion followed during which the following items were discussed: (I) open space requirements; (2) parking for condominiums; (3) housing trend - people being forced into condominiums because of the high cost of single- family detached housing; (4) La Bonita conversion; (5) meters; (6) regulations for condominiums that are built for singles and those for families; (7) what other cities are doing in this line; (8) rights of the tenants and those of the owners~9) function of the City in designing a policy; (10) public hearings to be held on the proposed policy. Peggy Hamilton Mrs. Hamilton asked that the tenters' rights be considered 4095 Bonita Road stating that not everyone can afford to purchase their units. Bonita She stressed the low vacancy rate in Chula Vista and ques- tioned where they would be able to find another qualit'y apartment to rent. Allen Nevin Mr. Nevin stated that conversions offer the opportunity to Applicant - La Bonita the renters to purchase their units at 25% to 30% less than the market value. He added that he Ndoes sympathize with the tenters (La Bonita Apartments), but doesn't know how to combat that sympathy. Charles Smith Mr. Smith referred to the "Position Paper" submitted by South San Diego the Board in which they contend that the conversion question Bay Cities Board is one that should not be debated by local councils - that of Realtors the issue has not become one of providing more housing but rather one of eliminating basic property rights which government should not have the power to do. Mr. Smith added that State Law requires 120 days' notifica- tion to the tenants of the intent to convert with additional time for an option to be given the tenant to decide whether or not he/she wishes to purchase the unit. He added that his association worked with the City devising a means of implementing low-cost housing (Proposition "C" of the last election), The association feels a reasonable approach is now one built in San Diego - a cooperative effort between private developers and the City of San Diego built on land near the San Diego Stadium - a multi-unit project called "The Orchards." The association would like to come tothe Council with a proposal such as this one. Motion for list It was moved by Councilman Gillow and seconded by Mayor Hyde of regulations that the Council draft a list of possible regulations and ask the staff to bring back recommendations, and in this, to request that they investigate some of the other cities, such as Palo Alto and La Mesa, to see how their conversion policy is working out. Discussion of motion Councilman Scott felt the motion was too "open-handed" and that there were some areas he would like the staff to look into and other areas he would not. Second withdrawn Mayor Hyde withdrew his second; therefore, the motion failed for lack of second. Motion for staff It was moved by Mayor Hyde that the Council ask the staff recommendation to further look into the matter of whether the City should have a condominium policy and what elements should be contained therein. No second to motion The motion died for lack of second. Adjourned Regular Meeting ~4- August 10, 1978 Motion for staff It was moved by Mayor Hyde, seconded by Councilman Gillow policy on condominiums and unanimously carried by those present ihat the staff be asked to propose a condominiumpoliCywhich would include but not limited to among other things, the following; (1) adequacy of fire protection; [2) Sound-proofing; (3) metering of the utilities; and a'dd t0' the'zlist as deemed ap- propriate. Motion does not The motion was changed to eliminate the proposals which include the proposals will be voted on separately. PROPOSALS Mayor Hyde stated he would list the proposals and if there are any objections, the Councilmen should so state, other~ wise, they will be deemed approved. 1. Fire Protection No objections. Approved. requirements 2. Open Space requirements Objections: Councilmen Cox, Gillow, Scott. Failed. 3. Parking requirements No objections. Approved. 4. Storage requirements No objections. Approved. 5. Sound proofing No objections. Approved~ 6. Insulation requirements Objections: Councilmen Cox, Gillow, Scott. Failed. 7. Utility services and Council concurred that this was already taken ca~of,~State). metering 8. Rights of tenants No objections. Approved. as prescribed by the State (put in writing) 9. System for relocating Objections: Councilmen Cox, Scott. Failed. tenants 10. Bringing all units up Objections: Councilmen Scott, Gillow. Failed. Concurrence to all current Codes of Council that this item should be modified. Housing Code, rather Director of Building & Housing Grady explained that in the than Building Code to resale of single-family and multiple-family dwellings, there be used is a compliant survey whereas the Federal government and some private lending agencies assure loans. In this com- pliant survey, the Housing Code is used rather than the Building Code because the Housing Code is a maintenance Code and gives all the necessary amenities for health and safety features. The Council concurred that this proposal be added. 11. Limitation upon the Objections: Councilmen Scott, Cox. Failed. number of dwelling units that might be converted in any given year 12. Regulations on percent- No objections. Approved. age basis (Palo Alto and La Mesa) 1S. Applicant to warrant Objections: Councilmen Scott, Cox, Hyde. Failed. units for a specified period of time Adjourned Regular Meeting ~5- August 10, 1978 LA BONITA CONVERSION Mayor Hyde noted that this matter comes before the Council on Tuesday, August 15 and that a staff ~eport be brought back prior to Council action. Mr. Peterson said he could have a report back in two weeks. Matter to be c6ntinued Mayor Hyde set the report for the first meeting in September and indicated that the Council would continued action on the La Bonita apartment complex conversion until that date. Staff to contact groups Councilman Gillow asked that the staff investigate and see what other cities are doing in this area and also to contact and work with the Board of Realtors. 3. CITY MANAGER'S REPORT No report. 4. MAYOR'S REPORT a. Absence from meeting Mayor Hyde said he would be absent from the meeting of August 15 and that Vice Mayor Cox will preside in his absence. b. Mayor's Breakfast Meeting Mayor Hyde reminded the Council of the breakfast meeting to be held on Monday, August 14, 1978 at 7:30 a.m. at the Lion's Community Center. c. Interviews for commissions Mayor Hyde said the Secretary will contact the individual Councilmen for an appropriate date (for the last week of August) for interviewing candidates for the Planning Com- mission and Library Board. ADJOURNMENT Mayor Hyde adjourned th~ meeting at 6:00 p.m. to the meet- ing scheduled for Tuesday, August 15, 1978 at 7:00 p.m. in the Council Chambers.