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HomeMy WebLinkAboutcc min 1987/11/24 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, November 24, 1987 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers Nader, Moore, McCandliss, Malcolm MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, Assistant City Manager Asmus, City Attorney Ha~ron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Boy Scout Eric Malcolm followed by a moment of silent prayer. 1. APPROVAL OF MINUTES MSUC (Moore/McCandliss) for approval of the minutes. Mayor Cox abstained on the minutes of November 17 and Councilman Malcolm abstained on the minutes of November 5 because of absences. 2. SPECIAL ORDERS OF THE DAY a. RESOLUTION 13347 RECITING THE FACT OF THE CONSOLIDATED MUNICIPAL ELECTION HELD ON THE 3RD DAY OF NOVEMBER 1987, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, a consolidated municipal election was held and conducted in the City of Chula Vista, County of San Diego, State of California, the 3rd day of November, 1987, as required by law, and WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by the law; that voting precincts were properly established; that election officers were appointed and that in all respects said election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities, and Minutes - 2 November 24, 1987 WHEREAS, pursuant to Resolution No. 13120, adopted on the 14th day of July, 1987, the Registrar of Voters, as directed by the Board of Supervisors, canvassed the returns of said election and has certified the results to this City Council, (and as certified by the Registrar of Voters of the County of San Diego). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That there were 80 voting precincts in the City established for the purpose of holding said election consisting of the regular elections precincts in the City of Chula Vista, as established for the holding of state and county elections. SECTION 2. That said consolidated municipal election was held for the purpose of election of the office of two Councilmembers for a full term of five years. SECTION 3. That at said municipal general election, the following measure was submitted to the electors of said City, to wit: PROPOSITION L: An amendment to the Charter of the City of ~hula Vista amending Article XII, Section 1201, to allow the City Council after a public hearing to make changes in the terms and conditions of a resolution of intention to grant a franchise and grant such franchise without further proceedings. SECTION 4. That the whole number of votes cast in said City including absent voter ballots was 15925. SECTION 5. That the names of persons voted for at said election are as follows: Seat No. 3 (full term 5 years) Tim Nader A. Y Casillas Seat No. 4 (full term - 5 years) Frederick A. R. Drew Steve Astorga David L. Malcolm That the number of votes given at each precinct to each of such persons above named for the respective offices for which said persons were candidates are as shown in the Registrar of Voter's precinct tabulations. Minutes - 3 November 24, 1987 That the Proposition voted upon at said election is as set forth herein above. SECTION 6. The City Council does declare and determine that: Tim Nader was elected as Member of the City Council (Seat No. 3) of said City for a full term of five years. David L. Malcolm was elected as Member of the City Council (Seat No. 4) of said City for a full term of five years; and SECTION 7. The City Clerk shall enter on the records of the City Council of said City, a statement of the results of said election, showing (1) The names of the persons voted for; (2) The measure voted upon; (3) For what office each person was vote~ ~ (4) The number of votes given at each precinct to each person, and for and against each measure. SECTION 8. That the City Clerk shall immediately make and shall deliver to the person so elected a Certificate of Election signed by her and duly authenticated; that she shall also administer to such person so elected the Oath of Office prescribed in the State Constitution of the State of California and shall have him subscribe thereto and file the same in her office. Whereupon, said person so elected shall be inducted into the office to which he has been elected. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original Resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed adopted. Presented by Approved as to form by Jennie M. Fulasz, City Clerk Thomas J. Harron, City Attorney RESOLUTION OFFERED BY MAYOR COX, passed and approved unanimously. b. Oaths of Office to Newly Re-Elected Councilmen City Clerk Fulasz administered the Oaths of Office to Councilman Malcolm and Councilman Nader who were reelected. c. Appointment of Mayor pro Tempore Mayor Cox thanked Mayor pro Tempore Moore for his outstanding service for the past 13 months and presented, on behalf of the City, a gift of appreciation. Minutes 4 November 24, 1987 MSC (Cox/Moore) to appoint Councilman Malcolm as Mayor pro Tempore. (Councilman Malcolm abstained) At 7:05 p.m., Mayor Cox called for a five minute recess to allow time for the Councilmembers to change nameplates and seats. Council reconvened at 7:10 p.m. d. Oath of Office to Mary Kay Dennison, Commission on Aging Mary Kay Dennison was not present at the meeting and will take her Oath of Office in the City Clerk's office. 3. CONSENT CALENDAR (Items 3 - 16) Items pulled: 3d, 8a, b, c, 10, lla, b, 12 MSUC (McCandliss/Nader) to approve the Consent Calendar. WRITTEN COMMUNICATIONS 3a. REQUEST THAT STAFF INVESTIGATE A TRAFFIC HAZARD AT 62 PEPPER TREE ROAD Edith Wickerham, 62 Pepper Tree Road, Chula Vista, CA 92010 Council referred this item to Public Works and the Safety Commission for a report. b. REQUEST FOR SPECIAL PERMISSION TO ESTABLISH A CARD ROOM WITHIN THE ELKS LODGE FOR BENEFIT OF MEMBERS ONLY - Mike Katras, Trustee, B.P.O.E. #2011 Chula Vista Elks, 901 Elks Lane, Chula Vista, CA 92010 Council directed Staff to return to Council with a report for consideration by Council at a future date. c. REQUEST THAT ALL CITIES WITHIN THE SAN DIEGO REGION PASS AIDS ANTI-DISCRIMINATION ORDINANCES - United Way of San Diego, 4699 Murphy Canyon Road, San Diego, CA 92123 Council directed staff to return with a report. d. REQUEST FOR WAIVER OF FEES/CHULA VISTA INVESTMENT COMPANY - Worley, Schwartz, Garfield & Rice, llO West "A" Street, San Diego, CA 92101-3792 Pulled from Consent Calendar. e. REQUEST FOR WAIVER OF FEES Chula Vista Missionary Church, 341 Orange Avenue, Chula Vista, CA 92011 Council approved the waiver of fees subject to staff conditions. Minutes 5 November 24, 1987 4. RESOLUTION 13348 ACCEPTING BIDS AND AWARDING CONTRACT FOR PLACEMENT OF ASPHALT CONCRETE OVERLAY ON VARIOUS PARKING LOTS IN THE CITY OF CHULA VISTA, CALIFORNIA The work includes the placement of a 1-1/2" thick asphalt overlay on various existing parking lots and on pathways in the San Diego Gas and Electric Park; and removal of alligatored pavement areas and replacement with asphalt concrete and traffic control. Staff recommended Council accept bids and award the contract to low bidder, Pacific Paving & Grading Co., Chula Vista, in the amount of $49,998.50. This project will lower the cost of routine City maintenance after completion of project. 5. RESOLUTION 13349 ACCEPTING, DEDICATING AND NAMING CERTAIN REAL PROPERTY IN SAID CITY FOR STREET AND HIGHWAY PURPOSES LOCATED AT 444 THIRD AVENUE Home Savings of America applied for a building permit to construct a 5040 square foot commercial bank on the subject property. As a condition for issuance of the building permit, the owner has been required to dedicate for street purposes a two (2) foot strip of land along the frontage of the property on Third Avenue and the necessary right-of-way at the corner of Third Avenue and Roosevelt Street to accommodate a sidewalk ramp. 6. RESOLUTION 13350 ACCEPTING, DEDICATING AND NAMING CERTAIN REAL PROPERTY IN SAID CITY FOR STREET AND HIGHWAY PURPOSES LOCATED ALONG INDUSTRIAL BOULEVARD On November 5, 1986, the Chula Vista Planning Commission granted a Conditional Use Permit to Gretler-Gardner Enterprises to establish a recreational vehicle storage yard on 3.3 acres of land leased to San Diego Gas & Electric Company within the SDG&E right-of-way at the northerly terminus of Trenton Avenue between Industrial Boulevard and Walnut Avenue. Among the conditions of approval of the Conditional Use Permit was the requirement to dedicate a two (2) foot strip of land fronting the property along Industrial Boulevard. 7. RESOLUTION 13351 ORDERING THE RELEASE OF AN OFFER OF DEDICATION AT 72 WALNUT STREET AND ACCEPTING AN EASEMENT FOR ROADWAY PURPOSES ALONG THE SOUTHERLY BOUNDARY ADJACENT TO WALNUT AVENUE The Congregation of Jehovah's Witnesses has begun construction of a new church at 72 Walnut Drive in Woodlawn Park and as part of this development, the church was required to submit an Irrevocable Offer to Dedicate 30 feet of right-of-way for Walnut Drive. The City should now relinquish its interest in that irrevocable Minutes 6 November 24, 1987 offer. Council recommended to (a) adopt a resolution ordering the release of the offer to dedicate a 30 ft. easement along the northerly boundary of the subject property; and (b) accepted the 17.5 foot roadway easement along the southerly boundary parallel and adjacent to Walnut Drive. 8a. RESOLUTION APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR CHULA VISTA TRACT 86-3, BONITA LONG CANYON ESTATES, UNIT NO. 5 b. RESOLUTION ORDERING THE SUMMARY VACATION OF CERTAIN SEWER AND DRAINAGE ACCESS EASEMENTS WITHIN THE BOUNDARIES OF CHULA VISTA TRACT 86-3, UNIT NO. 5 c. RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY, THE DEVELOPER, AND THE STATE DEPARTMENT OF FISH AND GAME PROVIDING FOR MAINTENANCE OF CERTAIN CHANNEL IMPROVEMENTS IN LONG CANYON AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Pulled from Consent Calendar. 9. RESOLUTION 13352 APPROVING THE FINAL MAP, EASTLAKE I CAMELOT UNIT 2, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND APPROVING SUPPLEMENTAL IMPROVEMENT AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS Approval of the Final Map will constitute the creation of a condominium project including 128 dwelling units as well as acceptance of sewer easements within Camelot Unit No. 2. EastLake Development Company is also entering into an Interim Facilities Financing Agreement with the City. Said agreement provides that, prior to approval of building permits, the EastLake Development Company will pay an interim impact fee for their fair share of the cost of: l) off-site roads, including four-lane facilities for State Highway 125, 2) a fire station, and 3) a community park. lO. RESOLUTION REQUESTING THAT THE COUNTY OF SAN DIEGO TRANSFER $22,000 IN SURPLUS MONTGOMERY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE FRESNO AVENUE STREET IMPROVEMENTS PROJECT AND APPROVING A CONTRACT WITH THE COUNTY OF SAN DIEGO FOR COUNTY IMPLEMENTATION OF THE FRESNO AVENUE STREET IMPROVEMENTS PROJECT Pulled from Consent Calendar. Minutes 7 November 24, 1987 lla. ORDINANCE REVISIONS TO MUNICIPAL CODE CHAPTER 17.10 PARKLANDS AND PUBLIC FACILITIES - RELATED TO NEIGHBORHOOD PARK AND COMMUNITY PARK REQUIREMENTS b. RESOLUTION AMENDING THE MASTER FEE SCHEDULE RELATED TO PARKLAND ACQUISITION FEES AND PARKLAND DEVELOPMENT FEES FOR NEIGHBORHOOD PARK AND COMMUNITY PARK FACILITIES Pulled from Consent Calendar. 12. RESOLUTION ADOPTING A POLICY FOR WAIVING FEES FOR COMMUNITY SERVICE ORGANIZATIONS Pulled from Consent Calendar. 13. RESOLUTION 13352 APPROVING A REQUEST FOR WAIVER OF FEES FOR A SIGN PERMIT FOR CHULA VISTA COMMUNITY CHURCH - APPLICANT BOY SCOUT TROOP 22 Michael Fuson of Boy Scout Troop 22 proposes to replace an existing sign advertising the Community Church which has fallen into disrepair. It is advantageous to the City to have the sign removed from the proposed right-of-way and moved further back onto the private property. Council waived the fees for the Scouts to do this work at this time. 14. REPORT PROPOSED OPEN SPACE MAINTENANCE DISTRICT NO. 17, BEL AIR RIDGE RESOLUTION 13354 APPROVING PRELIMINARY REPORT, DECLARING INTENTION TO FORM OPEN SPACE MAINTENANCE DISTRICT NO. 17 AND SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING FOR THE FORMATION OF SAID OPEN SPACE DISTRICT Council set the date, time and place for a public hearing on the proposed district as December 15, 1987 at 7:00 p.m. in City Council Chambers in accordance with Section 17.08 of the Municipal Code. 15. REPORT CHRISTMAS TREE LIGHTING CEREMONY RESOLUTION 13355 APPROVING AGREEMENT WITH UNION ICE COMPANY TO PROVIDE SNOW AND HOLDING THEM HARMLESS The City's Annual Christmas Tree Lighting Ceremony is scheduled for Thursday evening, December lO, 1987 at 7:00 p.m. The event O0 will be conducted in the Memorial Park Bowl area. $3, 0 has been allocated in the non-departmental budget to cover anticipated service and material costs. Minutes - 8 November 24, 1987 16. REPORT ASSESSMENT AMOUNT FOR FRANK BALISTRIERI FOR THE LAS FLORES DRIVE PROJECT At the public hearing for the Las Flores Drive Assessment District, Frank Balistrieri, representing parcels 29 and 30, objected to his assessment indicating that it was excessive compared to other assessments in the District. Council approved a finding the parcels were over-assessed and directed that a resolution be brought back crediting those two parcels as follows: Las Flores Drive Assessment District #85-1 $6,140 Las Flores Drive & "D" Street Reimbursement District 4,100 END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 17. PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF BROADWAY AT THE NORTHWEST CORNER OF ITS INTERSECTION WITH ANITA STREET (Continued from the Meeting of November 3, and November 10.) This being the time and place as advertised, Mayo~ Cox declared the public hearing open. Deputy Director of Public Works Garibay commented on the issue and discussed protests relative on the access to the south side of Anita Street, visibility of San Diego Trust and Savings site when developed and the Anita Street residents' fear of truck traffic. View graphics were presented to show the truck volume at peak hours and the routes taken. Edgar Monroy, 16123 Lyons Valley Road, Jamul 92035 representing Monroy-Lopez Engineering appeared to emphasize his agreement with the Deputy Director of Public Works stating his experience as a traffic engineer in several cities. Virgina Corrente, 9222 Genesee, San Diego 92122, Trust Officer for La Jolla Bank and Trust Company, mentioned that the property in question is being held in trust. Ms. Corrente referred to copies of her letter of November 13 and stated the Bank's primary concern is the value of the property which value and possible development hinges on the Silvas Street development, especially if the access is restricted. Ms. Corrente also discussed the subject of visibility and requested Council to restrict the height of the structures in this area so as not to block the bank property. Wayne Holtan, 1331 India Street, San Diego, representing Hedenkamp and Associates, stated his concern for the truck traffic mentioning the cumbersome turns trucks have to make onto the Silvas Street. There being no further testimony either for or against, the public hearing was closed. Minutes 9 November 24, 1987 Staff further answered questions of Councilmembers and related that they videotaped the traffic in the area which proved that it is possible to make the turns with caution and that, sometime in the future, staff will come back with clear legends on the road and other solutions to resolve any possible problems. Staff further advised Council that height restrictions would not be realistic in the area since, if the property was vacated it would be negotiated for sale. The property is so small it would more ideally be used as open space for the bank or by the adjoining property owner. MSC (Malcolm/McCandliss) to direct staff to negotiate with any interested property owner and to bring back a resolution, upon an agreement between staff and the propective purchaser, to the Council for vacation. Councilwoman McCandliss expressed her support of the concept that the applicant has paid fees to come before the Council and, following the process, the applicant may be due reimbusement. Councilmembers and staff concurred. 18. PUBLIC HEARING PCA-88-1; CONSIDERATION OF PERMANENT AMENDMENT TO THE MUNICIPAL CODE TO EXEMPT SERVICE STATIONS ON SCENIC CORRIDORS FROM STATE PRICE SIGN LOCATIONAL REQUIREMENTS CITY INITIATED ORDINANCE 2241 AMENDING SECTION 19.60.360 OF THE CHULA VISTA MUNICIPAL CODE TO EXEMPT SERVICE STATIONS LOCATED ALONG SCENIC ROUTES FROM STATE REGULATIONS WHICH REQUIRE THAT ADVERTISING MEDIUMS SHALL BE CLEARLY VISIBLE FROM THE STREET OR HIGHWAYS ADJACENT TO THE PREMISES - FIRST READING This being the time and place as advertised, Mayor Cox declared the public hearing open. There being no comments from staff or the public, the hearing was closed. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. FOLLOW-UP MOTION Moore/McCandliss) to direct Staff to verify the legality of utilizing the signs required by State law to advertise other than gas and gas prices, and to report to Council. 19. PUBLIC HEARING CONSIDERATION OF AMENDMENT #3 TO THE CERTIFICATION OF CHULA VISTA LOCAL COASTAL PROGRAM a. RESOLUTION AMENDING CERTIFICATION OF CHULA VISTA LOCAL COASTAL PROGRAM Minutes - lO November 24, 1987 b. RESOLUTION AMENDING CHULA VISTA BAYFRONT SPECIFIC PLAN This being the time and place as advertised, Mayor Cox declared the public hearing open. MSUC (Cox/McCandliss) to continue this item to the meeting of December 8, 1987 at 7:00 p.m. 20. PUBLIC HEARING FOR REQUEST OF DEFERRAL OF UNDERGROUNDING REQUIREMENT AT 242 KENNEDY STREET, CHULA VISTA, CA (Montessori Schools) RESOLUTION 13356 DEFERRING THE UNDERGROUNDING REQUEST AT 242 KENNEDY STREET (MONTESSORI SCHOOLS) This being the time and place as advertised, Mayor Cox declared the public hearing open. Due to the placement of the temporary classroom on the site, the requirement to underground the overhead distribution and service lines has been imposed. The applicant stated that SDG&E gave him a rough estimate of $15,000 to convert the existing lines on the property. Staff finds that undergrounding the service to the new temporary classroom should still be required, as the structure is close to the street and the electrical panel is on the outside of wall facing the street. Estimated the cost to accomplish this would be approximately $600: $340 for SDG&E and $260 for trenching, conduit and backfill. Staff intends to enforce the conversion requirements when the applicant constructs his additional permanent structure. Councilman Moore mentioned his concern with undergrounding on a temporary basis. Councilwoman McCandliss confirmed with staff that a temporary facility must be finished as a permanent facility by the end of three years after the issuance of the permit. Mr. Ken Harlan, 347 "L" Street, Chula Vista 92011, owner of the Castle Park Montessori School, appeared before Council. He stated the numerous stumbling blocks encountered so far and requested that Council allow him to hook the lines up overhead, anticipated that he would have the permanent building completed within three years, but needs to get the doors open now. There being no further testimony either for or against, the public hearing was closed. Mayor Cox agreed with Staffs recommendation but disagreed with the requirements to underground the new service. Mayor Cox suggested an alternative to grant a deferral of both requirements for three years and have all items come back when the temporary facilities are phased out and permanent facilities put in place. Minutes 11 November 24, 1987 AMENDMENT TO RESOLUTION MSUC (Cox/McCandliss) to amend the Resolution to grant the deferral for both existing and the new temporary service and require that the deferral run concurrent with the Major Use Permit modifications. RESOLUTION OFFERED BY MAYOR COX, as amended, the reading of the text was waived by unanimous consent, passed and approved unanimously. 21. ORAL COMMUNICATIONS None. PULLED ITEMS 3d. REQUEST FOR WAIVER OF FEES/CHULA VISTA INVESTMENT COMPANY - Worley, Schwartz, Garfield & Rice, 110 West "A" Street, San Diego, CA 92101-3792 It was requested by the applicant to continue this item for two weeks. MSUC ICox/Moore) to continue this item to the meeting of December 8, 1987 at 7 p.m. 8a. RESOLUTION APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR CHULA VISTA TRACT 86-3, BONITA LONG CANYON ESTATES, UNIT NO. 5 b. RESOLUTION ORDERING THE SUMMARY VACATION OF CERTAIN SEWER AND DRAINAGE ACCESS EASEMENTS WITHIN THE BOUNDARIES OF CHULA VISTA TRACT 86-3, UNIT NO. 5 c. RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY, THE DEVELOPER, AND THE STATE DEPARTMENT OF FISH AND GAME PROVIDING FOR MAINTENANCE OF CERTAIN CHANNEL IMPROVEMENTS IN LONG CANYON AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Unit No. 5 of Chula Vista Tract 86-3, Donira Long Canyon consists of 134 single family lots and 4 lots for open space, public utilities and other public uses. Condition 39 of the resolution approving the Tentative Map includes the provision of an improved low flow channel for Long Canyon flows between the retention basin outlet and the upstream end of the existing concrete low flow channel north of the subdivision boundary with development of Unit 5 of the project. The developers submitted plans to the City for a gabion lined channel which will fully contain the runoff from a storm of such intensity that it is expected to occur only once in a 50-year period. Staff is of the opinion that the proposed improvements are well in excess of those required by the cited condition of approval. Minutes - 12 November 24, 1987 The developer has proposed an agreement between the City, the developer, and the State Department of Fish and Game, to outline each partner's responsibilities regarding maintenance of the gabion channel. The developer is to be responsible for construction of the channel improvements; the City agrees to notify the developer promptly of any unusual or dangerous conditions arising and to accept maintenance responsibility at the end of the two year period; the Department of Fish and Game agrees to allow the developer to construct the channel as proposed; agrees to meet with the City to discuss maintenance of the channel and to jointly evaluate the project with respect to the question of whether the rock-lined channel bottom, after revegetation, is creating or aggravating a flooding hazard. Mayor Cox announced this item concerned Bonita Long Canyon Estates and since he is awaiting decision from the FPPC he will abstain. Mayor Cox left the dais at this time and Mayor pro Tempore Malcolm chaired the meeting. John Sorenson, lll Elm Street, San Diego 92101, addressed Council to state his disagreement. Mr. Sorenson, an attorney who spoke on behalf of the Hyatts, stated that the dialogue between the Hyatts and the developer has been bad and that the City has an obligation of fairness to meet the requirements of the tentative map. R. G. Hyatt, 4480 Acacia, Bonita 92002, stated opposition for his family, and described the damage to his property caused by this channel, resulting in the loss of use of his property, and asked for protection from liability, for restoration and preservation, and for compensation. Martha McDonald, 4425 Acacia, Bonita 92002, also spoke in opposition. Ms. McDonald listed many of the problems encountered by the residents of the area throughout the years and addressed what she termed as "unresolved questions". Ed Elliott, 2727 Hoover Avenue, National City 92050, representing Bonita Long Canyon Partnership, explained previous attempts to correct the problems in this channel, one of which was not acceptable to the City and the second was not acceptable to the State Department of Fish and Game. The present plans call for a gabion lined channel acceptable to both the City and the Department of Fish and Game. Attorney Greg Moser, 2225 Camino del Rio South, San Diego 92108, appeared before Council to state his agreement with the statements made by Mr. Elliott and in favor of the resolutions. In Mr. Moser's stated opinion, the opposition is holding up the process in the hopes of benefit to themselves. Councilmembers discussed the need for the improvements and statements made by the neighboring residents and the developer. City Attorney Harron clarified, when the City requires public improvements on property under the Map Act, the City is authorized to take possession by eminent domain to waive the conditions. Minutes 13 November 24, 1987 Director of Public Works/City Engineer Lippitt stated from an engineering standpoint, the drainage problems are significant and the land value would be established by a fair market value. Mr. Sorenson again stood before Council to request that the issue be delayed from 45 to 65 days in order that a mutually satisfying agreement could be made between both parties. The City Attorney explained to Council that a good and fair offer based on an independent appraisal would have to be made. Councilmembers concurred that the public hearing for eminent doman be set for 30 to 45 days, during which time a settlement conference could occur. RESOLUTIONS OFFERED BY COUNCILMAN MALCOLM, the reading of the texts were waived by unanimous consent, passed and approved with Mayor Cox abstaining. lO. RESOLUTION REQUESTING THAT THE COUNTY OF SAN DIEGO TRANSFER $22,000 IN SURPLUS MONTGOMERY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE FRESNO AVENUE STREET IMPROVEMENTS PROJECT AND APPROVING A CONTRACT WITH THE COUNTY OF SAN DIEGO FOR COUNTY IMPLEMENTATION OF THE FRESNO AVENUE STREET IMPROVEMENTS PROJECT The Fresno Avenue Street Improvements Project was originally funded by the County prior to the Montgomery annexation to the City, following which City review of the project resulted in recommendations to upgrade the project design. Staff recommended Council request the County of San Diego transfer $22,000 in surplus Montgomery CDBG funds to the Fresno Avenue Street Improvements Project and approve the contract with the County of San Diego for County implementation of the Fresno Avenue Street Improvements Project. Mayor Cox returned to the Meeting. Nancy Palmet, 971 Fourth Avenue (#42), Chairman, Montgomery Planning Committee, stated that the Committee previously approved $10,000 for this project and further stated that the Montgomery Planning Committee, which is "one year more experienced, more knowledgable and more sophisticated," requests that City Council direct the issue back to the Committee for alternate financing and the finalized priority listing of the 1987-88 CDBG funds. MSUC (Nader/Moore) to continue this item to the meeting of December 8 and also refer back to the Montgomery Planning Committee. Minutes 14 November 24, 1987 lla. ORDINANCE REVISIONS TO MUNICIPAL CODE CHAPTER 17.10 PARKLANDS AND PUBLIC FACILITIES RELATED TO NEIGHBORHOOD PARK AND COMMUNITY PARK REQUIREMENTS b. RESOLUTION AMENDING THE MASTER FEE SCHEDULE RELATED TO PARKLAND ACQUISITION FEES AND PARKLAND DEVELOPMENT FEES FOR NEIGHBORHOOD PARK AND COMMUNITY PARK FACILITIES The Parks and Recreation Commission approved the Municipal Code Changes and the proposed fee increases. Municipal Code changes will ensure that adequate-sized parks are built, needed neighborhood park improvements constructed and additional community facilities to serve the City's growing population are provided. MSUC (Cox/Moore) to continue this item to the meeting of December 8, 1987. 12. RESOLUTION 13360 ADOPTING A POLICY FOR WAIVING FEES FOR COMMUNITY SERVICE ORGANIZATIONS City Attorney Harron explained that numerous requests over the years from community organizations and religious groups for waiver of City fees have been received. There is no problem with granting these requests when they involve secular community service organizations provided the request does not constitute a gift of public funds. Potential constitutional problems arise when extending this benefit to religious organizations and the Attorney recommends Council adopt a policy for waiver of fees for secular community service organizations only. Councilman Malcolm disagreed with the policy, as stated, believing that religious organizations' requests should come before the City Council. Council discussed and queried the Assistant City Attorney on all the aspects of the proposed policy. Council discussion followed on this issue. MSUC (Nader/McCandliss) to amend Policy A by striking the word "secular" in the last paragraph, from the subject and wherever else appropriate in the Policy. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, as amended, the reading of the text was waived by unanimous consent, passed and approved unanimously. 22. REPORT OF THE CITY MANAGER a. There will be an adjourned City Council meeting on December 3, immediately following the Redevelopment Agency meeting. b. On December 17 at 4 p.m. there will be a General Plan Update meeting following the Redevelopment Agency Meeting. Minutes - 15 November 24, 1987 c. Rancho del Rey project material to be considered on December 8 will be distributed with the agenda packet for December 1. 23. MAYOR'S REPORT a. MSUC (Cox/Moore) to appropriate $1,000 from the Contingency Reserve Fund for the December 9, 1987 California Transportation Commission Dinner Incidentals. MSUC (Moore/Cox) to consider a policy for the times when funding automatically comes from the Contingency Reserve. b. MSUC (Cox/Nader) to authorize the use of the "Old Goose" and "Pluggie" for the Third Annual South San Diego Bay Winterfest and Boat Parade on December 19, 1987. 24. COUNCIL COMMENTS Councilwoman McCandliss a. MSUC (McCandliss/Malcolm) to refer to staff an economic impact statement following up with whoever did it for the City of San Diego to get a step ahead of the America's Cup and take advantage of it for the City of Chula Vista. Councilman Moore: a. Commented on the traffic study report and two key items in Chula Vista: the Bonita/806 and the Otay Lakes Road/Bonita Road; b. Reminded staff of the City's policy to invite the Chamber of Commerce into the workshops affecting the business community. c. Referred to the City's anniversary year when Junior and .Senior High School Students were invited to participate in a School Council, suggesting this might be an annual event. City Manager Goss stated agreement Councilman Malcolm: a. Councilman Malcolm asked that Closed Session items be scheduled at each Council meeting at 6:30 p.m. on every agenda. b. Councilman Malcolm requested that the subdivision map next to Cresta Way be brought back to Council shortly. Councilman Nader MSUC (Nader/Moore) to report back to Council or bring to Council for consideration a rodent control contract with the County or other alternatives. Minutes 16 November 24, 1987 MSUC (Cox/Nader), at 9:45 p.m., to recess to Closed Session to discuss Sierra Club v. Marsh, Sierra Club v. Coastal Commission, Potential Litigation and Personnel and, immediately following, to convene as the Redevelopment Agency in Closed Session to discuss the Redevelopment Agency v. Merziotis. The City Clerk was excused and the City Attorney reported that the meeting adjourned at ll:O0 p.m. ADJOURNMENT AT ll:O0 p.m. to the Regular Meeting on Tuesday, December l, 1987 at 4:00 p.m. and to the adjourned meeting of December 3, 1987 immediately following the 7 p.m. Redevelopment Agency meeting. JENNIE M. FULASZ, CMC City Clerk 1116C