HomeMy WebLinkAboutcc min 1986/11/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, November 18, 1986 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Malcolm,
Campbell, Moore
MEMBERS ABSENT: Councilwoman McCandliss
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 6 and 12,
1986.
MSUC (Campbell/Cox) to approve the minutes of November 6, 1986.
MSC (Cox/Moore) to approve the minutes of November 12, 1986
(Councilman CampDell abstained since he was not present at that
meeting).
2. SPECIAL ORDERS OF THE DAY
a. PROCLAIf~ING NOVE~4BER 23 - 29 AS "1986 CALIFORNIA FAMILY WEEK"
The Proclamation will be sent to Assembl?man Don Rogers, 33rd
District.
b. Chairman of the International Friendship Commission, Eric
Money-Penney introduced Mr. & Mrs. Reynolds, who are visiting
here from Cambridgeshire, England.
3. WRITTEN COMMUNICATIONS
a. CONCERNS REGARDING TRAFFIC AT EAST ~H" AND AUBURN STREETS
Lora Steele, 1586 Drake Court, Bonita, CA 92002
City Manager Goss recommended this letter be acknowledged and
referred to staff for a report as were other letters
previously received on this subject.
MSUC (Moore/Campbell) to approve the staff recommendation.
Minutes - 2 - November 18, 1986
b. CONCERN REGARDING SUBLEASING CONDOS/GARAGES - Tony Luciani,
3712 Main Street, Chula Vista, CA 92011
City Manager Goss stated the problem described in this letter
(garages being rented out in apartment and condo projects)
needs to be evaluated further to determine the nature and
extent of the described problem. Also, evaluation of the
Municipal Code needs to be undertaken to determine if it
applies to the situation described. He recommended that this
be referred to staff for evaluation and report.
MSUC (Moore/Campbell) to approve the staff recommendation.
c. REQUEST TO SEND RESOLUTION STATING VIE~S ON PAMO DAM TO CORPS
OF ENGINEERS - Francesca M. Krauel, Chairman, San Diego County
Water Authority, 2750 Fourth Avenue, San Diego, CA 92103-6295
This was a request by the San Diego County Water Authority to
enlist the support of the City of Chula Vista via resolution
or letter to support their attempt to obtain a Section 404
permit from the Corps of Engineers for the construction of
Pamo Dam. Since this reservoir would increase the capacity
within the County to hold greater reserves of water during
periods of drought, it would apparently benefit the Otay Water
District, per Table 1 of the letter from the Water Authority,
and since there was public support recorded on a bond issue
for this project, the City Manager recommended the letter of
support be authorized.
MSUC (Moore/Campbell) to approve the staff recomx.lendation.
CONSENT CALENDAR (4 -12)
Items pulled: 11 and 12.
MSUC (Cox/Campbell) to approve the Consent Calendar.
4. RESOLUTION 12819 APPROPRIATING FUNDS TO COMPENSATE
SHORN/KIMINSKI ARCHITECTS FOR EXTRA
SERVICES FOR THE CRIME/PHOTO LAB PROJECT
(Director Of Public Safety)
On November 19, 1985, the City entered into an agreement with
Shorn/Kaminski Architects to develop plans to construct
crime/photography offices in the basement of the Police Facility
(Resolution No. 12261).
Minutes - 3 - November 18, 1986
Th~s project initially involved the expansion of the
Crime/Photography Lab and moving this function, along with some
property storage, to the basement of the Police Facility. The
Director of Public Safety reported the need now to move the
remaining property storage into the basement in order to free up
additional ground level building space to accommodate personnel
increases associated with the Montgomery an~lexation and the patrol
workload increases. Nine thousand twenty dollars (~9,020) for
this service will be appropriated from the unappropriated balance
of the General Fund to Account No. 600-600 RS36.
5a. RESOLUTION 12820 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND ENGINEERING SCIENCE, INC.
FOR PUBLIC FACILITIES STUDIES IN
CONJUNCTION WITH THE GENERAL PLAN
AMENDMENT, AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT AND APPROPRIATING
FUNDS THEREFOR (Director of Public
Works/City Engineer)
b. RESOLUTION 12821 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND JHK ASSOCIATES FOR
DEVELOPMENT OF THE CIRCULATION ELEMENT FOR
THE GENERAL PLAN, A'!T~O~IZING THE MAYOR TO
EXECUTE SAID AGREEMENT AND APPROPRIATING
FUNDS THEREFOR
Council has awarded a contract to the firm of PRC, Inc. to update
the Land Use Element of the General Plan Amendment. Two other
elements of the General Plan will be completed in conjunction with
the Land Use Element (Circulation and Public Facilities).
Engineering and Planning staffs have gone through the consultant
selection procedure and have selected two consultants for the two
technical aspects of the General Plan Amendment. They are as
follows:
Consultant Element
Engineering Science, Inc. Public Facilities
JHK and Associates Circulation
FINANCIAL STATEMENT:
PUblic Facilities Master Plan
Current Funding
Residential Construction Tax $ 87,700
Revenue Sharing 20,000
Sewer Service Fund 41,300
Additional Funding:
Residential Construction Tax 5,400
Total $ 149,400
Minutes 4 - November 18, 1986
Circulation Element
Current Funding
SCOOT $ 8,000
Additional Funding:
Traffic Signal Fund $ 7,500
Redevelopment Bond Fund 2,500
Gas Tax 57,600
Total $ 75,600
6. RESOLUTION 12822 PROVIDING FOR THE SPECIAL APPROPRIATION
OF FUNDS IN THE AMOUNT OF $1,500 FOR SAN
DIEGO AIDS PROJECT (Director of Finance)
The San Diego AIDS Project is in the process of renovating, at an
approximate cost of ~42,000, a facility they recently relocated to
on Fourth Avenue in San Diego. The renovation consists of
wheelchair ramps, handicapped bathrooms, plumbing in the kitchen,
etc.
At its October 14, 1986 meeting, the City Council indicated a
willingness to support the AIDS Project in the amount of ~1,500.
Staf~ does not believe that Community Development Block Grant
Funds can be used for this purpose because there is no evidence of
direct benefit to low and moderate income persons.
Support of the AIDS Project requires a $1,500 appropriation from
Unappropriated Reserves Of the General Fund. The contribution Dy
the City will be donor-restricted in that the funds can be used
only for renovation of the facility.
7. RESOLUTION 12823 EXTENDING THE CONTRACT ~ITH THE
BONITA/SUNNYSIDE FIRE PROTECTION DISTRICT
FOR FIRE PROTECTION SERVICES FOR THE
PERIOD JANUARY-JUNE 1987 (Director of
Public Safety)
In December, 1985, the City notified the Bonita-Sunnyside Fire
Protection District of its intent to terminate the contract for
fire services effective July 1, 1986. Under the contract, the
District provides first-in responses to fire and emergency medical
calls to both commercial and residential areas of Chula Vista. In
June 1986, Council extended the service contract for 6 months,
through DecemDer 1986. During the intervening period, staff was
directed to evaluate alternative, permanent sites for the
Bonita-Sunnyside fire station which would optimize coverage for
both District and City areas. Additionally, staff was to assess
the costs and benefits to the City of assisting the District in
site acquisition and/or station construction costs. The
resolution extends the contract an additional 6 months, through
June 1987, in order to provide sufficient time to complete the
study and, if applicable, to negotiate a new agreement with the
District.
Minutes 5 November 18, 1986
The Bonita-Sunnyside Fire Protection District has agreed that any
monies paid during the initial contract extension period
(July-December, 1986) or a following period (January-June, 1987)
would be applied toward any future agreement concerning City
assistance in relocating the District fire station.
For the current fiscal year, the total cost of continuing the
service contract with the Bonita-Sunnyside Fire Protection
District is ~22,094. Funds in this amount will be appropriated
from the unappropriated balance of the General Fund.
8. RESOLUTION 12824 APPROVING PLAN TO ABANDON AND REMOVE EIGHT
UNDERGROUND FUEL TANKS, INSTALL TWO NEW
UNDERGROUND TANKS, AND APPROPRIATING
~94,000 FROM UNAPPROPRIATED GENERAL FUND
RESERVES (Director of Public Works/City
Engineer)
Recent legislation contained in the California Administrative Code
provides regulations intended to protect waters of the State from
discharges of hazardous substances from underground storage
tanks. These regulations establish construction standards,
monitoring standards and closure requirements on all underground
storage tanks. The regulations required total compliance with
these standards by September 1, 1986. The County Health
Department, charged with enforcement in San Diego County, has
advised that because of the extremely large number of underground
tanks in the County, it was impossible to have Countywide
compliance by that date and that if an underground tank owner has
an action plan in effect to meet the regulations and are
diligently pursuing that plan, they will cooperate.
In order to meet the Police and Fire Departments' needs, the
Director of Public Works recommended the installation of two new
double-walled 1,000 gallon underground tanks at Station 2 which
meet all the monitoring requirements. One tank would supply the
Fire Department with diesel and the other the Police Department
with gasoline. The estimated cost for this installation is
~17,000 to ~20,000 for each tank.
The City of Chula Vista owns 11 underground storage tanks. The
estimated cost to remove eight tanks is ~54,000. To install two
new underground tanks at Fire Station No. 2 is ~40,000. The total
required is $94,000 assuming none of the tanks have developed
leaks. There are no funds budgeted.
9. RESOLUTION 12825 ACCEPTING PUBLIC IMPROVEMENTS IN THAT
CERTAIN SUBDIVISION KNOWN AND DESIGNATED
AS EL RANCHO DEL REY, UNIT 6-E (Director
of Public Works/City Engineer)
Minutes - 6 November 18, 1986
Pacific Scene, Inc. on September 18, 1986, requested a final
inspection of the public improvements for E1 Rancho Del Rey NO.
6E. A final inspection was made on September 29, 1986, and a
letter of discrepancies prepared. All work has now been done in
accordance with the plans and specifications and to the
sat.isfaction of the City Engineer.
Pacific Scene, Inc. has posted a bond in the amount of ~4,275.00
to guarantee the public improvements as to material and labor for
one year after acceptance by City Council.
10. ORDINANCE 2175 AMENDING CHAPTER 9.12 OF THE CHULA VISTA
MUNICIPAL CODE REGULATING BINGO OPERATIONS
WITHIN THE CITY OF CHULA VISTA - SECOND
READING AND ADOPTION (Director of Public
Safety)
Amendments and additions to the existing Bingo Ordinance were
designed to assist in regulating the financial accounting of funds
from Bingo operations and to bring the Ordinance into conformance
with existing state laws.' At the meeting of November 12, 1986,
the Ordinance was placed on First Reading.
11. REPORT ON THE STATUS OF THE PROPOSED LAS FLORES
DRIVE 1913 ACT ASSESSMENT DISTRICT
(Director of Public Works/City Engineer)
Pulled from Consent Calendar.
12. REPORT PARKING PERMIT FEE INCREASE (Community
Development Director)
Pulled froin Consent Calendar.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
13. PUBLIC HEARING CONSIDERATION O~ A ZONING STUDY OF A
37-ACRE AREA SURROUNDING MINOT AVENUE AND
LAS FLORES DRIVE AND RECOMMENDATIONS FOR
REZONING ALL OR PORTIONS OF THE AREA FROM
R-2 TO R-1 (Continued from meeting of
November 12, 1986) (Director of Planning)
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Minutes - 7 - November 18, 1986
Director of Planning Krempl referred to his written report
explaining that on June 12, 1985, the Planning Commission
considered and approved a tentative parcel map for property
located at 160 Minot Avenue. The Commission's consideration had
resulted from an appeal filed by 45 residents protesting a parcel
]nap condition calling for an offer of dedication of right-of-way
should the City determine in the future that street widening along
Minor Avenue was appropriate.
At that time, the Commission and Council directed staff to prepare
a zoning study of the area to examine the issue of downzoning land
along Minot Avenue from R-2 to an R-1 residential zone.
The staff report addresses issues and comments solicited from both
citizen and Planning Commission meetings. Their conclusion is
that the overall neighborhood reaction to the rezoning question is
mixed. What is clear is that Minor residents do not want the
street widened and would strongly urge the closure of "D" Street
to avoid traffic impacts from the Las Flores development. The "D"
Street closure would have, in staff's opinion, serious safety and
public welfare implications and, therefore, they cannot endorse
its closure. The downzoning is not without problems; however,
staff has concluded that it would be the best course of action
given the facts cited in this report.
Staff further reports that should Council decide against the
downzoning to R-l, other design control regulations could be
imposed such as: height controls (one-story units), increased lot
size for duplexes (minimum 10,000 sq. ft. vs. present 7,000 sq.
ft.), additional on-site parking (one guest space in addition to
present two-car garage), and so on.
Director Krempl, assisted by Principal Planner Lee, showed
transparencies noting the location, land use pattern and the 3
options as proposed by staff. The recommendation was to approve
option "A" ~hich is to rezone the portions of Las Flores study
area from R-2 to R-1 and direct staff to return with the
appropriate implementing ordinance at the next City Council
meeting.
On October 8, 1986, the Planning Commission recommended that the
entire area remain with the present R-2 zoning.
Council discussion followed regarding the ultimate build-out; the
period of time in which the 22 units under the R-2 were developed;
noting that the developer does not have an invested right until he
receives a building permit; questioned the installation of the
sidewalks and public improvements; noted that this would be a
requirement of the parcel maps as they are filed; and the one R-3
"spot zoning" in the area.
Minutes - 8 - November 18, 1986
Speaking in opposition were: Leonard & Martha Aguillard, 138
Minor Avenue, Chula Vista 92010, Richard Alvord, 10671 Roselle
Street, #200, William Black, 192 Minor Avenue, Chula Vista 92010,
Gayle Norris-Malloy, 135 Minor Avenue, Chula Vista 92010, James
B. Kelly, 184 Minot Avenue, Chula Vista 92010, and Margie
Fuentes, 11 Cresta Way, Chula Vista.
In summary, their comments were: staff ~s made commitments to
developers to widen Minot Avenue and the residents were not
notified; distressed to have their homes destroyed by the widening
of the street; staff plans would devalue their properties by the
downzoning; residents object to widening the street, it would tear
out trees and utility poles and then have them replaced at
residents' expense; there will be many parking problems along this
street; only solution to problem is to place a barrier at "D" and
Minor Streets; there would be no trouble with emergency vehicles
having the necessary turn-around areas; Minor will be an access
road to the Las Flores development; there will maintenance
proOlems connected with the downzoning; referred to the petition
signed by 77 residents requesting Minot not be widened, the
problem is the increase of density in the Las Flores project; not
every resident in the area is planning to build-out every inch of
their property; they are asking to be "left alone."
There being no further testimony either for o~ against, the public
hearing was closed.
Council discussion followed regarding the traffic circulation
pattern in the area. Councilman Malcolm indicated the barriers as
proposed would not decrease the traffic.
Councilman Moore agreed stating he could not support that
proposal. Minot and "D" are public streets and do not belong to
the people living there, they belong to the City as a whole. He
added that the people in the area splitting their lots are the
ones contributing to the traffic; noted Las Flores Drive is
proposed as a cul-de-sac; therefore, the traffic will not be
coming into the Minor area.
Councilman Campbell agreed, stated that he would propose not
placing the barrier; not to downzone the properties at this time
since there is no necessity for it; have some restraints placed on
the R-2 developments; there is no need to widen Minot Avenue at
this time; however, in the not to distant future, there will be
that need and it should be done through an assessment district.
Councilman Malcolm stated he needs more information from the
Traffic Engineer and the Safety Commission as to the traffic
circulation. He would like to see the P-Modifier placed on the
entire area in order to ensure quality construction.
Minutes 9 ~ovember 18, 1986
MSUC (Malcolm/Moore) to retain the existing R-2 zoning and to put
the P-Modifier over the entire R-2 zonings and an ordinance to
brought back to that effect.
Councilman Moore asked that those who develop their properties in
the future be required to put in sidewalks and improvements.
Director of Planning Krempl stated this is a routine condition for
all developments.
Mayor Cox remarked he did not like any of the three alternatives
as proposed by staff; noted the street vacations that have
occurred in the area in the past few years; there are traffic
problems there now which will De compounded in the future when
people develop their properties; proposed a solution of providing
a normal, standard street connection between "D" and First Avenue.
Director of Planning Krempl indicated the topography may be a
constraint since it is close to a 35 foot grade difference.
MSUC (Malcolm/Cox) to refer the item back to the Traffic Engineer
for a study on the circulation and needs (also to look at going
all the way through to First Avenue) and to come back to Council
(or the Planning Commission) with a report within 90 to 120 days.
This is also to go to the Safety Commission.
The report is also to include the interim type solution of the
barriers (break-aways).
14. PUBLIC HEARING PCS-87-7M - CONSIDERATION OF A TENTATIVE
SUBDIVISION MAP FOR WEISSER SUBDIVISION,
CHULA VISTA TRACT 87-7M, LOCATED SOUTH OF
NAPLES STREET BETWEEN FOURTH AND FIFTH
AVENUES - VICTOR WEISSER (Director of
Planning)
RESOLUTION 12826 APPROVING TENTATIVE MAP FOR ~EISSER
SUBDIVISION, Chula Vista Tract 86-7
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Planning Krempl submitted transparencies noting the
location of the property and explaining that the applicant has
submitted a tentative subdivision map known as Weisser
Subdivision, Chula Vista Tract 86-7, in order to subdivide 3.8
acres of property located south of Naples Street between Fourth
and Fifth Avenue in the R-S-7 zone into 18 single family
residential lots.
Minutes - 10 November 18, 1986
An Initial Study, IS-86-55M, of possible adverse environmental
impacts of the project was conducted by the Environmental Review
Coordinator on September 12, 1986 who concluded there would be no
significant environmental effects and recommended adoption of the
Negative Declaration.
The Planning Commission recommended the approval of the tentative
map in accordance with their Resolution PCS-86-7M.
On NovemDer 5, 1986, the Montgomery Planning Committee, along with
staff, concurred with the recommendation.
Miss Jeanette Waltz, 2341 Fifth Avenue, San D~Uo, 92010, Project
Planner, representing the developer, stated she was here to answer
Council's questions.
Mrs. Jean Mort, 1117 Fifth Avenue, Chula Vista 92011, testified
she and the other adjacent residents are requesting that a 6 foot
nigh block wall fence be built along Fifth on the Emerson Street
side. There was a petition to this effect signed by residents in
the area.
Director Of Planning Krempl explained there is a condition to
construct a wooden fence along the property line. Staff sees no
rationale for having a block wall as proposed.
Frankie Bikelson, 474 Naples Street, Chula Vista, said she lives
directly across the street from this proposed development and is
concerned that the one access coming in and out will have all the
car lights shining into her front window.
In answer to Council's query, Principal Planner Lee noted that the
proposed lots will be elevated and the slope bank will De built
entirely on the Weisser property.
There being no further testimonies either for or against, the
public hearing was closed.
Councilman Malcolm questioned the existing duplex on the property.
Director Krempl explained that the structure has been there and
developed under County zoning. The developer has no plans to
remove the dwelling.
RESOLUTION OFFERED BY COUNCILMAN CAMPBELL, with the amendment that
the wooden fence to be constructed be a minimum of 6 feet.
Minutes 11 - November 18, 1986
15. PUBLIC HEARING PCZ-87-B - RECONSIDERATION TO REZONE
APPROXIMATELY 0.19 ACRES LOCATED AT 618
FOURTH AVENUE - EDUCARE CHILDRENS' CENTER
(Director of Planning)
Thi~ being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Planning Krempl referred to his written report
explaining this item involved a request to fezone 0.19 acres
located at 618 Fourth Avenue from R-1 (single family residential)
to R-3-P-5 (multiple family residential/5 ~welling units per
acre). The purpose o~ the rezoning is to allow the property to be
used as a preschool.
An Initial Study, IS-87-12 of possible adverse environmental
impacts of the project was conducted by the Environmental Review
Coordinator who concluded that there would be no significant
environmental effects and recommended that the Negative
Declaration be adopted.
The recommendation is that Council adopt a motion to deny PCZ-87-B
to rezone 0.19 acres at 618 Fourth Avenue froIn R-1 to R-3-P-5.
The Planning Commission voted 3-2 to recommend approval of the
rezoning. The Municipal Code, however, requires an affirmative
vote of not less than a majority of the seven-member Commission (4
votes) in order to forward a recommendation of approval to the
City Council. In the absence of a recommendation for approval,
the Code deems the application denied by the Commission.
Speaking in favor of the rezoning request were Harold & Rosemary
Hirsch, 1502-F Apache Drive, Chula Vista 92010 and Carol Markis,
owner of the property. They explained the need for having this
type of Conditional Use Permit which will be mainly for pre-school
and toddlers; noted the Planning Commission vote of 3-2 to
recommend the rezoning; the R-3 P-5 zoning will remain in the same
density as now exists, the R-1 density; Chamber of Commerce
supports this request; there are no long ranWe plans since they
propose just to expand their present school facilities.
Councilman Malcolm questioned Mr. Hirsch as to whether he would
agree to having a deed restriction placed on the property, that it
would not be developed under the R-3 zonings with apartments. Mr.
Hirsch stated he would agree to that condition.
There being no further testimony either for or against, the public
hearing was closed.
Minutes - 12 - November 18, 1986
[4SUC (Malcolm/Campbell) to grant the appeal and to refer the
matter back to the Planning Commission for a report; further, to
adopt the Negative Declaration as forwarded by the Planning
Commission. Included in the motion is the condition of the deed
restriction.
Councilman Malcolm questioned referring these matters back to the
Planning Commission and the time element involved in this
process.
City Attorney Harro~ stated this is a City Code requirement.
MSUC (Malcolm/Cox) direct staff to bring back a recommendation
with the appropriate ordinance to not duplicate this process - to
eliminate the referrals back to the Planning Commission.
Director Krempl stated this can come back to the City Council at
the meeting of December 16. In the meantime, the applicant must
file for a Conditional Use Permit; therefore, no time will be lost
due to the process.
16. PUBLIC HEARING APPEAL OF PLANNING COMMISSION REVOCATION
REGARDING CONSIDERATION OF THE
MODIFICATION TO AND POSSIBLE REVOCATION OF
CUP PCC-84-23 AUTHORIZING THE
ESTABLISHMENT OF THE CABRILLO SCHOOL OF
NURSING, 713 BROADWAY (Director of
Planning)
RESOLUTION AFFIRMING THE DECISION OF THE PLANNING
COMMISSION AND CONDITIONALLY REVOKING
CONDITIONAL USE PERMIT PCC-84-23 FOR THE
OPERATION OF THE CABRILLO SCHOOL OF
NURSING AT 713 BROADWAY
This being the time and place as advertised, Mayor Cox declared
the puDlic hearing open.
Director of Planning Krempl submitted transparencies noting the
location, the land use in the area and the parking. He explained
that the Cabrillo School of Nursing has filed an appeal from th~
decision of the Planning Commission to deny their request to
increase on-site enrollment from 30 to ~u students and to
conditionally revoke their Conditional Use Permit PCC-84-23 to
operate the school at 713 Broadway.
On October 8, 1986, the Planning Commission took the following
actions:
Minutes - 13 - November 18, 1986
1. Denied the request to modify PCC-84-23 to increase the on-site
enrollment limit from 30 to 50 students;
2. Revoked PCC-84-23, effective on December 31, 1986 and directed
the Cabrillo School of Nursing to cease Operations at 713
Broadway as of that date, and
3. The Zoning Administrator may grant a maximum of four 90-day
"stays" based upon a showing of compliance with the 30-student
limit evidenced by an enrollment report filed with the City by
the school and subject to on-site inspection and confirmation
by City staff.
In follow-up visits to the site, City staff observed in excess of
60 students at the facility, with the parking lot full and excess
student parking occurring along both Broadway and "J" Street and
extending into adjoining residential areas. The school
subsequently filed an application to modify their conditional use
permit to increase the enrollment limit from 30 to 50 students.
Staff concluded that the school's current on-site enrollment is at
least 45 students and in violation of the 30-student limit imposed
by PCC-84-23. The on-street parking demand caused by the
additional students adversely impacts adjacent businesses and
residential property owners who are providing parking in
accordance with ordinance standards and who are deprived of
convenient on-street parking which would otherwise be available to
serve their periodic need for extra parking to accommodate
customers or guests.
Staff concurred with the recommendation of the Planning Commission.
Mr. George Merziotis, 701 Broadway, Chula Vista, owner of the
property, stated that he has 9,000 square feet of commercial here;
he has complied with all of the parking requirements; there are
public parking areas on the streets that his tenants can use; his
tenants have now leased a parking lot across the street which will
provide them with 50 more spaces and they are paying an additional
$500 for this lease.
In answer to Councilman Malcolm's question, Director Krempl stated
that the City Code allows additional parking within 200 feet of
any proposed use. He added that staff and the Planning Commission
were not presented with this testimony and therefore recommended a
continuance of this matter in order to allow staff to check on
this proposed lease and have the Attorney look it over.
· 11'
Minutes 14 - November 18, 1986
Robert Lownsbury, 715 Broadway, Chula Vista, said he is
representing the stockholders of the Cabrillo School of Nursing.
They have put in a 9125,000 investment in this property and have
leased an area that will hold 50 cars. The students have been
parking in that area since Monday and therefore, there is no
parking problem. He asked for approval of their Conditional Use
Permit for an increase from 30 to 50 students.
MSUC (Cox/Malcolm) to continue this item for 2 weeks to the
meeting of December 2 at 4 p.m.
Mayor Cox stated it would be placed as the first public hearing at
that meeting.
Councilman Campbell referred to the letter dated October 24 from
Mr. Henry Salas, President, Cabrillo School of Nursing, stating he
was incensed by the remarks made in the letter denouncing the
staff and Planning Commission. The City Council agreed to the
comments made by Councilman Campbell, also indicating their
resentment to this letter.
17. ORAL COMMUNICATIONS None
PULLED ITEMS
11. REPORT ON THE STATUS OF THE PROPOSED LAS FLORES
DRIVE 1913 ACT ASSESSMENT DISTRICT
(Director of Public Works/City Engineer)
The City Council on December 18, 1984, approved a report on Las
Flores Drive and "D" Street between Second Avenue and Minor
Avenue. One of the recommendations directed staff to proceed with
the .formation of an assessment district for the construction of
Las Flores Drive north of "D" Street. The staff report informs
the Council of the present status of the formation of this
district and develops Council policy on Reserve Funds for this
assessment district.
The recommendation was to:
1. Approve the concept of the City funding the Reserve Fund
necessary to cover any delinquent payments which may result
after the formation of the district and sale of 1915 Act
bonds, and
2. Declare that there will be no contingent liaDility Of any City
funds to assist in the payment of delinquencies.
If Council approves the recommendation to fund the Reserve Fund,
staff will be back in January to:
Minutes 15 - November 18, 1986
1. Hold public hearing to confirm the district and assessments,
2. Sell bonds,
3. Award contract to Erreca, Inc. for ~1,195,970 to install the
improvements and necessary grading.
4. Approve 3 subdivision Final Maps.
Councilman Moore requested further staff comments regarding #2
under the recommendation and the Director of Finance explained
this new requirement.
MSC (Malcolm/Moore) to accept staff recommendations and 2.
(Mayor Cox was away from the dais.)
12. REPORT PARKING PERMIT FEE INCREASE (Community
Development Director)
On November 19, 1986, the City Council approved implementation of
a permit parking system, allocated seven permit parking spaces to
the Surgi-Center on Landis Avenue and established a permit parking
fee of $54 per space per quarter. The permit parking issue was
brought back to the Council at its meeting of May 20, 1986 at
which time the Council accepted staff recommendation not to take
any action concerning the permit parking fee until it had been in
effect for at least one year. With the expiration of the one-year
period and upcoming renewal of the parking permits on January 1,
the Town Centre Project Area Committee (TCPAC) has requested that
the Council now consider increasing the permit off-street parking
fee from $54 per quarter to $72 per quarter.
If approved, the revenues received from the 7 permit parking
spaces would increase from $1,512 to $2,01o ~n,~u~lly.
Councilmail Moore stated he could go along with the recommendation
of the Town Project Area Committee for the $140 per quarter and
not the $72 per quarter since that only requires the users to' pay
about 90~ per day parking fee for each space.
Councilman Malcolm explained that these people originally paid
in-lieu fees for these spaces are continuing to pay for those
spaces.
Community Development Director Desrochers stated that staff is
working on the policy on regulating permit parking with the
acquisition of new public parking lots. Their recommendation will
be a compromise of what the Project Area Committee recommended and
what the staff feels is right for this time.
Minutes 16 - November 18, 1986
MSUC (Malcolm/Cox) to approve the staff recommendation.
Councilman Campbell voted "no."
18. REPORT OF THE CITY MANAGER
a..City Manager Goss stated he sent a revised copy of the
referrals to the City Council. He as~e~ C~uncil to look these
items over and indicate which items they wish to have remain
on the list.
b. City Manager Goss asked for staff input as to what Council
would like to see on the December 6 tour Of the City.
c. Public information Coordinator Cox explained the proposal to
place an ad in Home and Garden magazine. The deadline is
November 20 and they are submitting this to Council now for
any response. Mr. Cox noted that $15,000 was originally
budgeted for community promotions. This ad will cost $6,000.
Council indicated they had no objections.
d. City Manager Goss expressed staff's appreciation to Councilman
Campbell for his services on the Council, especially with
coming back this evening after just having recent surgery.
19. MAYOR'S REPORT
a. Mayor Cox announced that the President has signed HR 6,
increasing funds for the Corps of Engineers from ~4 million to
$5 million. The City has budgeted funds for the Telegraph
Canyon Creek Flood Control and it is expected the Corps of
Engineers will now pick up the $1 million in additional costs.
Mayor Cox thanked staff, and especially Deputy City Manager
~iorris, for their work on this report.
D. Mayor Cox announced that the Coastal Commission approved the
revised Local Coastal Plan last Thursday and he thanked
Councilman Malcolm for his leadership on this project.
c. Mayor Cox asked for ratification of the appointments to the
Board of Ethics as recommended by Judge Gligorea, Presiding
Judge, South Bay Judicial District.
Councilman Malcolm questioned whether Judge Gligorea
interviewed these applicants before recommending the
appointments.
City Attorney Harron stated he did not know, that he left the
procedure entirely up to the Judge.
Minutes - 17 November 18, 1986
Councilman Malcolm suggested the Council not ratify the
appointments at this time and if interviews were not held by
the Judge, that Council go ahead and interview those people
who have been recommended for appointment along with the
alternates.
MSC (Malcolm/Cox) to continue this matter for 2 weeks and have the
City Attorney report back.
Councilman Moore abstained stating that he still does not feel
there is a need for a Board of Ethics.
20. COUNCIL COMMENTS
MSUC (Malcolm/Cox) for a Closed Session for possible acquisition
of propeEty and potential litigation.
The Council recessed at 10:45 to the Redevelopment Agency meeting,
reconvened at 10:47 and recessed to Closed Session. The City
Clerk was excused and the City Manager reported the Closed Session
adjourned at 11:00 p.m.
ADJOURNMENT AT 11:00 p.m. to the meeting of November 25 at 7 p.m.
/Jennie M. Ful~sz,' CMC,Ci lerk
0915C