The URL can be used to link to this page

Home My WebLink Aboutcc min 1975/05/07 MINUTES OF AN ADJOURNED REGULAR HEETING OF THE CITY COUNCIL OF CItULA VISTA, CALIFORNIA Held Wednesday May 7, 1975 An adjourned regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 4:30 p.m. in the Council Conference Room, City Hall, 276 Fourth Avenue, Chula Vista with the following Councilmen present: }~yor Hamilton, Councilmen Scott, Hobel, and Hyde Councilmen absent: Councilman Egdahl Staff present: City Hanager Cole, City Attorney Lindberg, Director of Building and Housing Grady SCHOOL FEES Mayor Hamilton explained that the meeting was called to discuss building development fees charged by the school district. CITY ATTORNEY'S City Attorney Lindberg referred to his letter to COMmeNTS the Council regarding several p~ojects all of which involved~the issuance of building permits for several multi-family developments which the City attempted to clear through the building permit stage and to secure some acquiescence from the school districts as to the school impact. Mr. Lindberg stated that the City has not achieved the modification on the part of the school district on their policy regarding school impact. The City has received vocal opposition to the payment of scheduled fees established over three years ago by the school district. (Councilman Scott arrived at this time) Attorney Lindberg remarked that he was informed by Dr. Burton Tiffany (Chula Vista Elementary School District) that a new schedule has been proposed which will be presented to both school districts this week. Mr. Lindberg indicated that the pro- posal was a reasonable one in line with a sustainable position in the courts. He added that if the schools can demonstrate that there will be an impact and that there will be a demand made upon the school that will serve a particular project, under the General Plan, the City can require that there be public facilities for any development in the City ~his includes school facilities). This rationale connection between the school impact in any particular project has not been received. There has been a consistent request for a flat contribution to the school districts. Judith Bauer, President, Mrs. Bauer apologized that the adjustment in the Chula Vista Elementary school policies which was promised last summer and Sweetwater Union High has been this long in coming. The two staffs School Boards have been meeting during the last week and a half and have come up with a proposed modification of the contribution procedure. (Mrs. Bauer passed around a copy of the proposal to the Council). She explained that the proposal differentiates between one bedroom and 3 and more bedroom-kinds of units; it will exempt units of four bedrooms or less; it is a start toward providing additional developer options toward meeting the contribution needs of the districts. Mrs. Bauer commented that this was shown to the Elementary District Board last night and will be shown to the Sweetwater Union District on Thursday. The item is not on either agenda so no official action can be taken. Mrs. Bauer remarked that the need to show impact of a development on a school district is a complexed issue because o£ the kind of language in the plan- ning issues involved. This is an area in whicb the school districts are open to communication. She suggested City staff members (probably from the Planning Department) work with school members to pursue this so that it meets both the City and school districts' needs. Time of fee payments Councilman Scott questioned the proposal whereby it specified that a developer's contribution shall be paid prior to final inspection or at close of escrow. Certificates of Occupancy City Attorney Lindberg explained that the City has gone ahead with certain agreements which re- lated to the granting of Certificates of Occupancy. It is now required for all dwelling units in the City. Dr. Tiffany indicated the districts would go along with this. Change of wording Councilman Scott suggested the wording be changed to: Provide that the developer's contribution shall be paid prior to issuance of a Certificate of Occupancy. Accounting by area Councilman Hobel questioned whether this accounting has been accomplished -- are the funds isolated in the area in which they are collected. 3 Mr. Joseph Rindone, Superintendent, Sweetwater Union High School District, stated that they put the collected funds in the g~neral fund. ~s. Bauer commented that the districts have been counseled that they cannot differentiate among the children - they all have rights of equal service. Dr. Tiffany suggested this matter be discussed by joint City and school ~taff$~ Motion to approve proposal It was moved by Councilman Scott and seconded by Councilman Hobel that a resolution be brought back to the Council meeting incorporating these changes that have been submitted to the Council at this meeting. Under 3.C., this is to be changed to reflect the Certificate of Occupancy rather than as stipulated in the proposal (paid prior to final inspection or at close of escrow). Also, both staffs (school and City) are to get together to look into the possiblity of accounting procedures as alluded to by Councilman Hobel. ~is resolution to be brought back to the Council at such time as the modified developers' contri- bution proposal has been adopted by both school boards. Gene York Mr. York stated that the proposal contains a major discrimination against the developer of 4 to 20 units (attached housing). In the pro- posal, a developer of four(4) units or less would be exempt from any contribution at all, but a developer of twenty (20) units or more would have to provide some assurance that he will have an all-adult complex. If this is true, "the developer is forgiven" but the developer with four (4) to twenty (20) units is caught in the middle and this he feels is inequitable. Dr. Tiffany explained that the logic behind this was that an appreciable amount of time is needed to audit the units and the school districts do not have the personnel to check this. Mr. York commented that the City sends out an Occupancy questionnaire each year and perhaps this should be included in the questionnaire which the owner would sign under oath. City Questionnaire Director of Building and }lousing Grady declared that hi§ department makes an annual inspection, and issues a permit to occupy an apartment build- ing. According to ~lr. York's suggestion, the burden would be put on the City forces and there would be a cost factor involved: it would cost approximately gl0 per Certificate to follow through with this request (last year 700 dwelling unit certificates were issued). 4 City Attorney Lindberg remarked that it was his understanding that the City modify the require- ments for Certificates of Occupancy extending them to single-family units, as a part of monitor- ing this program. If necessary, the proposal should read "either a Certificate of Occupancy, or a final inspection". Carmen Pasquale Mr. Pasquale remarked that he has been concerned Otay Land Company over the fact that they have never been able to get a letter from any school district indicating "no, we have no school facilities available (in this area) for the children going to school". ~. Pasquale added that this is a two-way street -- if the builder has to pay the fees, he should have evidence that there are no school facilities avail- able. Dr. Tiffany referred to the letter from the State Real Estate Commissioner whereby the school dis- tricts make a commitment to the subdivider that the facilities will be provided. Councilman Scott commented that the proposal as accepted today is not a final one -- modifications can and will be made in the future. Motion to accept The motion calling for a resolution to be brought proposal carried back approving the proposed developers' contribu- tion proposals (May 7, 1975) carried unanimously. .Councilman Egdahl was absent.) ADJOURNMENT The members of the school districts thanked the Council for its cooperation.