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Home My WebLink Aboutcc min 1991/07/18 MINUTES OF AN ADJOURNED MEETING OF THE CHULA VISTA CITY COUNCIL Thursday, July 18, 1991 Council Chambers 4:39 p.m. Public Services Building CALLED TO ORDER 1. CALL THE ROLL: PRESENT: Councilmembers Gresser Horton, Moore, Rindone. ABSENT: Councilman Malcolm (attending Coastal Commission Hearing) and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce Boogaard, City Attorney; and Berlin Bosworth, Secretary to the Redevelopment Agency BUSINESS Mayor Pro Temp Moore explained that Mayor Neder had possibly dislocated his shoulder and was at the Clinic but was expected to return. Mayor Pro Temp Moore, hi reviewing the Agenda and Addendure to Agenda for those present, noted that several items called for 4/Sths vote. As only three Councilmembers were present, he called a brief recess at 4:46 p.m. The members reconvened as the Redevelopment Agency and met in closed session at 4:47 p.m. Mayor Pro Temp Moore reconvened the City Council meeting at 5:05 p.m. 2. PUBLIC REARING PCS-90-02: REQUEST TO SUBDIVIDE 404.9 ACRES KNOWN AS RANCHO DEL REY SECTIONAL PLANNING AREA HI, CHLrLA VISTA TRACT NUMBER 90-02 LOCATED BETWEEN EAST "H" STREET AND TELEGRAPH CANYON ROAD, IMMEDIATELY SOUTII OF RANCHO DEL REY SPA I; RANCHO DEL REY PARTNERSHIP - The public hearing on this matter was continued from the meeting of July 9, 1991 to allow for notification of additional residents within the vicinity of the proposed project. The City Attomey's Office has revised the draft resolution to reflect changes in the tentative map conditions which were voted on by the Council prior to tal~ing action to continue the hearing. Staff recommends approval of the resolution. (Director of planning) ("/.~/0 City Attorney Boogeard informed the Council that he advised Councilwoman Grssser Horton that there may be a potential conflict of interest due to stock ownership in a joint venture partner with the developer. Mayor Pro Temp Moore asked and received consensus to continue the public hearing on Item 2 (PCS-90-02: Request to subdivide 404.9 acres known as Raneho Del Rey Sectional plannin$ Area lII, Chula Vista Tract Number 90-01 located between East 'H' Street and Telegraph Canyon Road, immediately south of Rancho Del Rey SPA I; Raneho Del Rey Partnership) to Tuesday, July 30, 1991 at 6:00 p.m. 3. RESOLUTION 16258 APPROPRIATING FUNDS AND DIRECTING STAFF TO ENTER INTO AN AGRF.~MENT YVI'IH THE PROPERTY OWNERS OF PARCEL 618-152-16 (1070-1072 AVENUE) FOR DRAINAGE IMf'ROVEMENTS ADJACENT TO THE FIFTH AVENUE STREET IMPROVEMENT PROJECT FROM "L" ,~-I'REET TO NAPLES ~TRF_,ET - The property owners of 1070-1072 Fifth Avenue are requesting in accordance with the City's drainage policy for lateral channels that the City Minutes July 18, 1991 Page 2 participate in improving the drainnge facility across their driveway. The policy st_,.,'. that the City may participat~ in up to 50% of improvemeats for lateral Chnnnels. This proposed drainage improvement would consist of a rectangular concrete channel connecting to the City's existing facilities at Fifth Aveaue and extending westerly to the existing corrugated metal pipes. Staff recommends Council approp~ata $37,000 und approve the resolution. (Director of Public Works) 4/5th's vote required. Continued from the 7/16/91 meeting. (/-~'///) Mayor Pro Tcmp Moore asked and tec~ved consensus to continue Item g7 (Resolution 16258) regarding drainage on Fifth Avelxue modifications to Tuesday, July 30, 1991 at 6:00 p.m. 4. RESOLUTION 16256 AUTHORIZING A CHANGE ORDER TO THE 1991/92 PAVEMENT OVERLAY CONTRACT AND APPROPRIATING FUNDS FROM THE UNAPFROPRIATED BALANCE OF THE GAS TAX FUND - Sweetwater Authority is completing a water main rephcement project in 'B" Street between Second and Fifth Avenues. Since 'E · Street also requires some pavement malntensace work, Sweetwater Authority and City staff are proposing a joint overlay project. Staff proposes adding the work to the existing overlay project contract with Sire J. Hauls Company as a change order. Sweetwater Authority will pay their ~hare at approximately $30,000. Staff recommends approval of the resolution. (Director of Public Works) 4/Sth's vote required. Continued from the 7116191 meeting. ('1~11,~) City Attorney Boopard informed the Council that Mayor Nader would require x-rays of his shoulder and would be later than originally unticipated. Member Rindone thea informed the Council that he would need to abstain on Resolution 16256 (Item #6 on the Addendure to Aganda) because it involves an item which is within 300 yards of his home, and has b~n advised by the City Attoroey not to vote on Resolution 16256 as well as Resolution 15258 (Item #7 on the Addendure to Agenda). Director of Public Works Lippitt noted that as this item (Item #6) is an agreement the City is making with the Sweetwater Authority to complete their work and relea~ their contractor this is a time-sensitive matter as there will not be a 4/Sth's majority at the next Counc~ meeting. Staff has informed the Sweetwater Authority that they would have an answer yesterday, it is very time-sensitive. City Attorney Boogaatd stated that the cuffent resolution calls for borrowing from the 1991/92 budget already appropriated and resppropriatlng $30,000 to the 1990/91 Contract Overlay Program and requested that the resolution title be amended to read "Authorize a Change Order to 1990/91 Pavement Overlay Contract and Charging it W the 1991/92Pavemeut Overlay Project". Therefore the appropriation is not needed, the change would mean that it will be charged to this year's program instead of last year's program. In the body of the resolution the same effect will be accomplished by, in the last paragraph, changing the words "authorized to be transferred and respprop~ated from" to "authorized W be charged to Account Project $T-515. " The change'would require only thr~ votes and inasmuch as Councilman Rindone wishes to abstain because of potential conffict of interest due to the location of the project to his residence, it is his advise that the resolution of necessity would pannit him to now participate as long as he remains mute during the discussions and only cast his vote. Councilman Rindone acknowledged that upon the edvisa of the City Attoraey he Would follow in the best interest of the City. City Attorney Boopard asked that the record reflect the urgency generating the Rule of Necessity and that Director of Public Works Lippitt explain the urgency and consequences if action is not taken tonight. Mr. Lippitt stated that the problem is that the Sweetwater Authority has a contractor under contract to parform a minlxllal rel)aving Of the trenches they created. This resolution would allow the repaying the entire street. Sweetwater Authority has to release that contract so they can give the City the money for the City to tipave the entire street. Sweetwater Authority is beyond the dat~ to release their contractor and need Counc~ action immediately in order to release their conttactor and to give the City the money. StaffwillinformSweetwatetAuthoritytomorrowmomingofCouncil's action and then the City can go ahead with the repaying of the entire street, Minutes July 18, 1991 Page 3 City Attorney Booguard noted for the record that given that, it is Counsel's opinion that the Rule of Necessity would permit Councilman Rindone's participation as to casting the vote only. AMENDMENT TO RESOLUTION 162S6 TO READ "AU'IHORIZING A CHANGE ORDER TO TIlE 1991192 PAVEMENT OVERLAY CONTRACT AND CHARGING TO THE FY 91192 OVERLAY PROJECT, passed and approved unanimously. 3-02 (Nader end Malcolm absent) RESOLUTION 16256 AS AMENDED AND READ O~'~'ERED BY MAYOR PRO TEMP MOORE, reading of the text was waived, passed and approved unanknously. 3-02 (Nader end Malcolm absent) Mayor Pro Temp Moore restated that Items 2 and 7 have been rescheduled for a fifth meeting to be held on Tuesday, July 30, 1991. OTHER BUSINESS 5. CITY MANAGER'S REPORT($) None. 6. MAYOR'S REPORTfS) Mayor Pro Temp Moore mentioned that in the Agenda packet for this week, there would be information regarding SANDAG end the airport end that he would be looking for guidance from the Council. 7. COUNCIL COMMENTS Councilmau Rindone noted that he is the City Council r~presentative on MTDB Board and at their Board meeting on July 2~, 1991 there is a crucial vote in relation to the Harbor View section end the expansion of the trolley. The concern is whether the trolley should be elevated or at grade and he would welcome comments end/or recommendations from Councilmembers. ADJOURNMENT The meeting adjourned at 5:19 p.m. to the Special City Council Meeting on Tuesday, July 23, 1991 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Berlin D. Bosworth, Secretary to the Redevelopment Agency