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HomeMy WebLinkAboutrda min 2005/05/24 CC MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA May 24, 2005 6:00 p.m. An Adjourned Regular Meeting of the City Council and a Special Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 7:20 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Davis, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Senior Deputy City Clerk Peoples CONSENT CALENDAR Agency/Councilmember Davis stated that she would abstain ITom voting on the minutes of May 10, 2005, due to her excused absence. Agency/Councilmember McCann stated that he would abstain ITom voting on the minutes of April 19, 2005, and April 26, 2005, due to his excused absences. I. APPROVAL OF MINUTES - April 19, 2005; April 26, 2005; May 10,2005 Staff recommendation: Council/Agency approve the minutes. ACTION: Chair/Mayor Padilla moved to approve staffs recommendation and offered the Consent Calendar, heading read, text waived. Agency/Councilmember Rindone seconded the motion. The motion carried 4-0-1 for the meetings of April 19 and April 26, 2005, with Agency/Councilmember McCann abstaining due to his excused absences; and the motion carried 4-0-1 for the meeting of May 10,2005, with Agency/Councilmember Davis abstaining, due to her excused absence. ORAL COMMUNICATIONS There were none. ACTION ITEMS 2. CONSIDERATION OF (I) APPROVAL OF LEGAL AND OPERATING DOCUMENTS FOR THE FORMATION OF THE 50lC3 CHULA VISTA REDEVELOPMENT CORPORATION (ARTICLES OF INCORPORATION, BYLAWS, OPERATING AGREEMENT); (2) ADOPTION OF A CITY ORDINANCE ESTABLISHING THE 50lC3 CORPORATION AND SETTING FORTH ITS FUNCTIONS AND OPERATIONS; (3) ADOPTION OF A CITY ORDINANCE AMENDING CERTAIN CHAPTERS OF THE MUNICPAL CODE TO ENSURE CONSISTENCY REGARDING THE FUNCTIONS AND OPERATIONS OF THE CORPORATION; AND (4) DESIGNATION OF TERRITORIES AND AREAS WITHIN WHICH THE 501C3 CORPORATION HAS AUTHORITY TO EXERCISE POWERS On November 23, 2004, the Redevelopment Agency/City Council authorized the formation of a 501c3 Chula Vista Redevelopment Corporation and directed staff to prepare the necessary legal and operating documents for formation proceedings. These documents and other related actions are presented for consideration. (Director of Community Development) Agency/Councilmember McCann stated that he would abstain from participation on Item 2C out of an abundance of caution, due to the nature of his real estate holdings on the west side of the City. He left the Chambers at 7:24 p.m. Item 2C was taken out of order and discussed prior to Items 2A and B. Assistant Director of Community Development Smith presented the 501(c)(3) territory and jurisdictional boundaries report. ChairlMayor Padilla suggested that the language be structured so that the 50 I (c )(3) would perform an expanded, more delegable role by acting in an advisory capacity to the Agency and Council on all land use, planning, collaboration and coordination issues within the whole planning area. Thus, the primary jurisdictional boundaries would be all redevelopment areas, citywide, whether or not they are in the Urban Core Specific Plan area. Agency/Councilmember Davis opposed removing territories within the study area of the Urban Core Specific Plan from the jurisdictional boundaries. Pamela Bensoussan spoke in support of the proposed amendment to the jurisdictional boundaries. Chris Lewis, representing the Chamber of Commerce, spoke in support of a more localized approach to the proposed plan. ACTION: ChairlMayor Padilla then offered Resolution No. 2005-176, as amended to define the jurisdictional boundaries as the adopted redevelopment areas Citywide, heading read, text waived: C. RESOLUTION NO. 2005-176, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING TERRITORIES AND GEOGRAPHIC AREAS WITHIN THE CITY WITHIN WHICH THE CHULA VISTA REDEVELOPMENT CORPORATION HAS THE AUTHORITY TO EXERCISE PLANNING AND REDEVELOPMENT FUNCTIONS Agency/Councilmember Castaneda seconded the motion, and it carried 3-1-1, with Agency/Councilmember Davis voting no, and Agency/Councilmember McCann abstaining out of an abundance of caution due to a potential conflict of interest. Page 2 CounciVRDA Minutes OS/24/05 --- --- -- ACTION ITEMS (Continued) Agency/Councilmember McCann returned to the dais at 8:04 p.m. Assistant Director of Community Development Smith presented the Chula Vista Redevelopment Corporation (CVRC) purpose and role. Chair/Mayor Padilla urged the Council to consider adopting the amendments as presented in a handout titled "Joint Redevelopment Agency/City Council, May 24, 2005, Alternative Documents," placed on the dais prior to the meeting and a copy of which is on file in the Office of the City Clerk. Among the proposed amendments were: I) the Executive Director of the 501(c)(3) will be appointed directly by a majority vote of the Members of the Agency, i.e. the 50 I (c )(3) Executive Director will be the Redevelopment Agency Executive Director; 2) the governing principals of public participation be approved and staff directed to move forward on the framework; and 3) consideration be given to consolidating the Redevelopment Corporation meeting dates with the first Council meeting rather than adding additional meetings. Agency/Councilmember Castaneda spoke in support of the amendment suggestions offered by Chair/Mayor Padilla. Additionally, he stated that he believed it was fundamental for a good cross-section of local citizens to serve on the board, that members should be subject to term limits, and that it was critical to implement a rigid code of ethics and a code of conduct for all appointed members. Agency/Councilmember McCann suggested that: I) compensation for Directors be no more than $50 per meeting; 2) members be required to complete the Conflict of Interest Form 700; 3) a code of ethics be implemented; 4) a mission statement be structured and the community involved in the process; 5) the corporation be consistent with Council policy regarding historic homes; 6) there be term limits for board members, and 7) only qualified local residents be selected to serve on the board. Lupita Jiminez, representing South Bay Greens, spoke in support of term limits for members of the CVRC, appropriate quorum requirements and a two-thirds approval level for projects, and local citizenry to serve as members of the board. She urged the Council to provide a well- balanced and focused ordinance to form the proposed Redevelopment Corporation. John Chavez recommended that the wording of the proposed bylaws with regard to the Chief Executive Officer having power to assign staff of the City and the Redevelopment Agency to perform services for the benefit of the corporation be tightened to ensure that the City Manager remains as the administrator of City staff. Georgie Stillman spoke in support of term limits for members, appropriate quorum requirements and a two-thirds approval level for projects, and the right to appeal a decision by the CVRC members to the City Council. She expressed her views that board membership must include a cross-section of community representatives who have experience and expertise in specialized areas, such as architecture, planning, or design. Page 3 CouncillRDA Minutes OS/24/05 ACTION ITEMS (Continued) Pamela Bensoussan clarified that historical permits would be at the pervue of the Resource Conservation Commission and spoke in support of a mission statement and a code of ethics for theCVRC. Norma Cassares, representing South Bay Forum, encouraged the Council to include the Planning Commission, Design Review Committee, and Resource Conservation Commission in the process. She spoke in support of local membership for the CVRC, member term limits, and consideration of the recommendation by Agency/Councilmember McCann for reduced payment compensation. Patricia Aguilar, representing Crossroads II, spoke in support of the CVRC members being comprised of local citizens, urged the Council to have a design review process, and requested that staff be directed to report back regarding what other municipalities are doing in terms of design review for their redevelopment corporations. Chris Lewis, representing the Chula Vista Chamber of Commerce, spoke in support of ChairlMayor Padilla's proposed amendments to the bylaws and asked the Council to consider focusing and streamlining redevelopment efforts in the City. Greg Moser, representing the Roosevelt Street Coalition, expressed his views regarding various legalities associated with the formation of the CVRC and recommended that the City seek outside counsel to address the issues. Lisa Cohen, representing the Chula Vista Chamber of Commerce, spoke in support of adopting the proposed resolutions. Judy Cascales spoke in support of CVRC membership being comprised of local citizens, the implementation of member term limits, and the need to establish a design review board. David Krogh concurred with the staff recommendation that there be no more than 13 board members on the proposed CVRC, including representation from the City's Planning Commission, Design Review Committee, and Resource Conservation Committee. Agency/Councilmember Rindone suggested that the advisory board members be comprised of a 15-member board that would include areas of expertise such as urban design, civil engineers, educators, and financial planners. He also spoke in support of CVRC meetings being conducted on specific meeting dates, with specific agendas, separate trom the Council meetings, such as the second and fourth Thursday of each month, as proposed by staff. ACTION: Chair/Mayor Padilla offered staff's recommendations to adopt the resolution and place the ordinances on first reading; approve the Alternative Document Items 1- 5, including: 1) the proposed bylaws, 2) operating agreement, 3) ordinance adding Chapter 2.55 to the Municipal Code, 3) boundary resolution and 4) Redevelopment Agency regulation resolution as presented to the Council; and provide amendments and direction to staff and direct staff to return to the Council within a reasonable time with the specific ability to address compensation and benefits for the Executive Director of the Redevelopment Agency. Page 4 Counci1lRDA Minutes OS/24/05 ACTION ITEMS (Continued) City Attorney Moore requested that the motion include an amendment to the bylaws, to read: "the Bylaws would be amended or repealed by majority of the board of directors, including a majority of the City directors." This amendment would provide the board of directors with the ability to amend as long as the majority ofthe City directors were in favor. ACTION: Chair/Mayor Padilla then moved to amend his motion, as follows: I) approve staff's recommendations to adopt the resolution and place the ordinances on first reading, headings read, texts waived; 2) approve the Alternative Document as presented to the Council to provide amendments and direction to staff; 3) direct staff to return once the 50 I (c )(3) Board is seated with the specific ability to address compensation and benefits for the Executive Director of the Redevelopment Agency and the other outstanding issues; 4) amend the bylaws to read: "the Bylaws would be amended or repealed by majority of the board of directors, including a majority of the City directors;" and 5) include term restriction language. Agency/Councilmember McCarm seconded the motion. A. COUNCIL RESOLUTION NO. 2005-175, AND REDEVELOPMENT AGENCY RESOLUTION NO. 1911, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING LEGAL AND OPERATING DOCUMENTS FOR THE FORMATION OF THE 501C3 CHULA VISTA REDEVELOPMENT CORPORATION (attachments as amended in the alternative document) B. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.55 TO THE CHULA VISTA MUNICIPAL CODE, ESTABLISHING THE CHULA VISTA REDEVELOPMENT CORPORATION TO SUPPORT THE PLANNING AND REDEVELOPMENT ACTIVITIES OF THE CITY AND THE CHULA VISTA REDEVELOPMENT AGENCY WITHIN DESIGNATED AREAS OF THE CITY (FIRST READING as amended in the alternative document) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 2.24.030, 2.32.100, AND 2.42.010 OF TITLE 2 AND SECTION 19.14.592 OF TITLE 19 OF THE CHULA VISTA MUNCIPAL CODE (FIRST READING) The motion carried 5-0. Agency/Councilmember McCarm asked staff to draft a resolution regarding compensation, to be brought forward when the CVRC convenes. ACTION: Agency/Councilmember Castaneda moved that the heading and text of the "Resolution of the Redevelopment Agency of the City of Chula Vista Amending Resolution No. I Which Adopted Certain Rules and Regulations for Said Redevelopment Agency," included in the alternative documents, be read into the record and that the resolution be brought back to the Agency for adoption in 30 days. Agency/Counci1member McCarm seconded the motion, and it carried 5-0. Senior Deputy City Clerk Peoples read the resolution into the record. Page 5 CouncillRDA Minutes OS/24/05 ACTION ITEMS (Continued) ACTION: Agency/Councilmember Rindone moved to direct staff to bring back a proposed policy for the appointment process for the independent directors. Agency/Councilmember McCann seconded the motion, and it carried 5-0. ACTION: Agency/Councilmember Castaneda moved to approve the Articles of Incorporation. Agency/Councilmember Rindone seconded the motion, and it carried 5-0. ACTION: Agency/Councilmember McCann moved to direct City staff to file the Articles of Incorporation and bylaws with the Secretary of State. Agency/Councilmember Davis seconded the motion, and it carried 5-0. ACTION: Agency/Councilmember McCann moved to approve miscellaneous amendments to the Municipal Code to ensure consistency regarding functions and operations. Agency/Councilmember Davis seconded the motion, and it carried 5-0. OTHER BUSINESS 3. DIRECTOR REPORTS There were none. 4. CHAIR REPORTS There were none. 5. AGENCY COMMENTS There were none. ADJOURNMENT At 10:11 p.m., Chair/Mayor Padilla adjourned the meeting to the Regular Meeting on June 7, 2005, at 4:00 p.m., immediately following the City Council Meeting in the Council Chambers. 0)0t< 0-.-4?~ Lon Anne Peoples, CMC Senior Deputy City Clerk Page 6 CounciVRDA Minutes OS/24/05