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Home My WebLink Aboutcc min 2004/06/15 RDA, PFA & HA MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL, A REGULAR MEETING OF THE REDEVELOPMENT AGENCY AND A SPECIAL MEETING OF THE PUBLIC FINANCING AUTHORITY AND HOUSING AUTHORITY OF THE CITY OF CHULA VISTA June 15, 2004 6:00 P.M. An Adjourned Regular Meeting of the City Council, a Regular Meeting of the Redevelopment Agency, and a Special Meeting of the Public Financing Authority and Housing Authority of the City of Chula Vista were called to order at 7:23 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Agency/Authority/Councilmembers Davis, McCann, Rindone and Chair/Mayor Padilla ABSENT: Agency/ Authority/Councilmembers: Salas ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/Authority/ City Attorney Moore, City Clerk Bigelow CONSENT CALENDAR Item No. I was removed from the Consent Calendar at the request of staff for the purpose of providing a report to the Council. It was considered later in the meeting. 2. COUNCIL RESOLUTION NO. 2004-213 AND AGENCY RESOLUTION NO. 1876, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WAIVING CONFLICT OF INTEREST IN CONNECTION WITH RUTAN AND TUCKER, LLP'S REPRESENTATION OF THE CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY AND CALIFORNIA BANK & TRUST Rutan & Tucker, LLP represents the City and Agency on a variety of legal issues. Rutan & Tucker, LLP have been asked by California Bank & Trust to represent it with respect to environmental and regulatory issues on the Auld Golf Course project in Chula Vista. Although primary discussion will take place with the federal and state regulatory agencies, it is possible that their representation could involve discussion with the City of Chula Vista. Because of the conflict of interest associated with representing two clients in adverse positions, Rutan & Tucker, LLP needs a waiver of this conflict of interest to continue representing all parties. (City Attorney). Staff recommendation: Council! Agency adopt the resolutions. ACTION: Chair/Mayor Padilla moved to approve staffs recommendation and offered Consent Calendar Item 2, heading read, text waived. The motion carried 4-0. ------_---0--------- -_ou_---------------- -- ------- -- --_u- -------------.. ORAL COMMUNICATIONS There were none. ACTION ITEMS 3- CONSIDERATION OF AMENDMENTS TO THE MASTER PLAN AND THE DESIGN BUILD AGREEMENT WITH HIGHLAND PARTNERSHIP, INCORPORATED FOR RENOVATIONS TO THE CITY'S CIVIC CENTER COMPLEX The Council previously approved Project No. GG-139, which involves renovations of the Civic Center complex. Since the execution of the designlbuild agreement with Highland Partnership, Incorporated, a number of substantive design changes have been proposed that will result in higher costs but will add significant value to the overall project. Adoption of the resolution approves the proposed amendments to the Master Plan and to the designlbuild agreement with Highland Partnership, Incorporated. (Director of General Services) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CIVIC CENTER MASTER PLAN B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH HIGHLAND PARTNERSHIP, INCORPORATED FOR THE PROVISION OF SERVICES REQUIRED FOR THE DESIGN AND CONSTRUCTION OF RENOVATIONS TO THE CITY'S CIVIC CENTER COMPLEX PURSUANT TO THE AMENDED MASTER PLAN, AND APPROVING THE GUARANTEED MAXIMUM PRICE OF $33,904,000 FOR DESIGN/BUILD SERVICES FOR THE RENOVATIONS OF THE CIVIC CENTER COMPLEX, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT TO THE AGREEMENT Chair/Mayor Padilla announced that Items 3 and 4 would be conducted concurrently. Notice of the hearing on Item 4 was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Chair/Mayor Padilla opened the public hearing on Item No.4. Agency/Authority/Councilmember Rindone stated that he would support a motion to continue Items 3 and 4 to July 13, 2004, but that he would be abstaining from voting on the items on July 13,2004 due to the proximity of his residence to the project. ACTION: Chair/Mayor Padilla moved to continue Items 3 and 4 to July 13, 2004. Agency/Authority/Councilmember Davis seconded the motion, and it carried 4-0. Page 2 Council/RDA Minutes 06/15/04 PUBLIC HEARINGS 4. CONSIDERATION OF THE EXECUTION, SALE AND DELIVERY OF CERTIFICATES OF PARTICIPATION IN ORDER TO FINANCE CERTAIN PUBLIC CAPITAL IMPROVEMENTS The Council has previously approved a capital project to renovate the Civic Center Complex, and directed staff to return with recommended long-term financing. This financing plan includes funding for the first phase of the Civic Center Complex renovation (demolition and construction of City Hall) and infrastructure improvements in Western Chula Vista. Staff is recommending approval of a long-term borrowing by issuing Certificates of Participation in an amount not-to-exceed $39,000,000. (Director of Finance/Treasurer). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING REQUIRED FINDINGS AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO THE SALE AND DELIVERY OF NOT -TO-EXCEED $27,000,000 2004 CERTIFICATES OF PARTICIPATION, (CIVIC CENTER PROJECT PHASE I), APPROPRIATING $14,207,022 FROM PROCEEDS AND $3,000,000 FROM PUBLIC FACILITY DEVELOPMENT IMPACT FUND TO THE CIVIC CENTER COMPLEX PROJECT (GG-139), AND REIMBURSING UP TO $6,820,450 TO THE PUBLIC FACILITY DEVELOPMENT IMPACT FUND FOR MONIES PREVIOUSLY SPENT ON THE PROJECT BASED ON ANTICIPATED PROCEEDS FROM THE SALE OF THE CERTIFICATES OF PARTICIPATION, AND AUTHORIZING CERTAIN DOCUMENTS AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING REQUIRED FINDINGS AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO THE SALE AND ELIVERY OF NOT -TO-EXCEED $12,000,000 2004 CERTIFICATES OF PARTICIPATION, (WESTERN CHULA VISTA INFRASTRUCTURE PROJECT), APPROPRIATING $9,000,000 FROM PROCEEDS TO THE WESTERN CHULA VISTA INFRASTRUCTUREK PROJECT (GG-18), AND AUTHORIZING CERTAIN DOCUMENTS AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH C. RESOLUTION OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF CHULA VISTA APPROVING A LEASE/PURCHASE AGREEMENT WITH THE CITY OF CHULAV ISTA AND CERTAIN OTHER DOCUMENTS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THE 2004 CERTIFICATES OF PARTICIPATION (CIVIC CENTER PROJECT - PHASE I) IN A PRINCIPAL AMOUNT NOT -TO-EXCEED $27,000,000 D. RESOLUTION OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF CHULA VISTA APPROVING A LEASE/PUECHASE AGREEMENT WITH THE CITY OF CHULA VISTA AND CERTAIN OTHER DOCUMENTS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THE 2004 CERTIFICATES OF PARTICIPATION (WESTERN CHULA VISTA INFRASTRUCTURE PROJECT) IN A PRINCIPAL AMOUNT NOT-TO- EXCEED $12,000,000 See Item 3 above for the action taken. Page 3 Council/RDA Minutes 06/15/04 ------------.--------_o.....--.u_------------- PUBLIC HEARINGS (Continued) 5. CONSIDERATION AND ADOPTION OF THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY, REDEVELOPMENT AGENCY, AND THE HOUSING AUTHORITY FOR THE FISCAL YEAR ENDING JUNE 30, 2005 The City Council has received and considered the City Manager's proposed operating and capital improvement budgets for the City and the operating budgets for the Redevelopment Agency and Housing Authority for the fiscal year ending June 30, 2005. Two work sessions were held to consider and deliberate on the recommendations contained in the fiscal year 2004-2005 proposed budget. The budget submitted at this time for formal adoption represents the City Manager's initial proposed budget amended to reflect (I) changes adopted by Council since the proposed budget was printed; and (2) various additional staff recommendations. (Assistant Director of Budget and Analysis) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Agency/Authority/Councilmembers Rindone and McCann stated that they would be abstaining from Item 5D, due to the proximity of their residences to the project area. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Agency/Authority/Councilmember Rindone offered Council Resolution No. 2004-214, Agency Resolutions Nos. 1877 and 1878, and Housing Authority Resolution No. 25, headings read, texts waived. A RESOLUTION NO. 2004-214, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2005 AND APPROPRIATING FUNDS THEREFOR B. AGENCY RESOLUTION NO. 1877 AND HOUSING AUTHORITY NO. 25, JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET AND CAPITAL IMPROVEMENT BUDGETS FOR THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY EXCLUDING THE BA YFRONT/TOWN CENTRE I AND SOUTHWEST/TOWN CENTRE II OT A Y V ALLEY PROJECT AREAS FOR FISCAL YEAR 2005 AND APPROPRIATING FUNDS THEREFOR C. AGENCY RESOLUTION NO. 1878, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPOTING THE OPERATING AND CAPTIAL IMPROVEMENT BUDGETS FOR THE BA YFRONT/TOWN CENTRE I PROJECT AREA FOR FISCAL YEAR 2005 AND APPROPRIATING FUNDS THEREFOR The motion carried 4-0. Page 4 Council/RDA Minutes 06/15/04 PUBLIC HEARINGS (Continued) ACTION: Chair/Mayor Padilla moved to continue Item No. 5D to June 23, 2004. Agency/Councilmember Davis seconded the motion, and it carried 4-0. D. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET AND CAPITAL IMPROVEMENT BUDGETS FOR THE SOUTHWEST/TOWN CENTRE II OTAY VALLEY PROJECT AREA FOR FISCAL YEAR 2005 AND APPROPRIATING FUNDS THEREFOR ITEMS PULLED FROM THE CONSENT CALENDAR LA RESOLUTION NO. 2004-211, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH THE FIRM OF HB CONSULTING GROUP FOR ALIGNMENT STUDIES FOR THE SOUTH CIRCULATION NETWORK, AND APPROPRIATING AND TRANSFERRING FUNDS THEREFORE B. RESOLUTION NO. 2004-212, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT WITH THE FIRM OF HB CONSULTING GROUP FOR ENGINEERING SERVICES RELATED TO ROCK MOUNTAIN ROAD, THE POGGI CREEK CHANNEL, AND THE EASTERN CHULA VISTA TRAFFIC CAPACITY ENHANCEMENT PROGRAM, AND APPROPRIATING AND TRANSFERRING FUNDS THEREFORE The City retained the services of HB Consulting Group to provide project management services related to the preliminary alignment studies for the south circulation network (Main Street, Heritage Road and Rock Mountain Road). It is recommended that the scope of work be expanded to include additional roadway segments and Wolf Canyon sewer alternatives and to retain the services of HB Consulting Group related to various infrastructure needs. (Director of General Services/City Engineer) Staff recommendation: Council/Agency adopt the resolutions. City Engineer Al-Agha referenced a memorandum to the Council dated June 15, 2004 that clarified the details of the proposed agreement between the City and HB Consulting Group, namely the recommendation by staff to delete two work assignments from the scope of work, namely the Growth Management Ordinance for $35,000 and additional infrastructure needs for $30,000. He explained that the work to be carried out under these contracts would be performed by HB Consulting Group and approved sub-consultants. Additionally, staff would be providing a quarterly report to the Council on the rate of expenditures under this contract. ACTION: Chair/Mayor Padilla offered Resolution Nos. 2004-211 and 2004-212, headings read, texts waived. The motion carried 4-0. Page 5 Council/RDA Minutes 06/]5/04 ------..---.-. --.--------.-.- OTHER BUSINESS 6. DIRECTOR/CITY MANAGER'S REPORTS There were none. 7. CHAIR/MAYOR'S REPORTS There were none. 8. AGENCY /COUNCILMEMBER COMMENTS There were none. 9. CONFERENCE WITH REAL PROPERTY NEGOTIATOR -- Pursuant to Government Code Section 54956.8 Property: Assessor Parcel No. 624-060-2700 (1.36 acres located north of the Otay River Valley and immediately east of the right-ofDway for 1- 805) Negotiating Parties: Laurie Madigan (Redevelopment Agency), Vince Davies, Phillip Davies, Claude Yacoel, and State of California (Property Owners) Under Negotiations: Instructions to Negotiators No reportable action was taken on this item. ADJOURNMENT At 8:00 p.m., Chair/Mayor Padilla adjourned the Special Meetings of the Public Financing Authority and Housing Authority until further notice; and the Redevelopment Agency to an Adjourned Meeting on July 13, 2004, at 6:00 p.m., in the Council Chambers. ~â-u~8:~ Susan Bigelow, CMC, City Clerk Page 6 CouncillRDA Minutes 06/15/04