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HomeMy WebLinkAboutRDA Agenda Packet 2006/06/06 Jt Public Financing Authority I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that t posted this ~ ~ ~ ment on the bulletin board according t~~ cl requirements. h~ ~"'-_....- ~ ----~-- 6 1)6 Signa . ~~ ~;- . CHULA VISTA Stephen C Padilla, Mayor Patricia E. Chavez, Councilmember David D. Rowlands, Jr., City i\ianager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Councilmember Notice is hereby given that the Mayor of the City of Chula Vista has called and will convene a Special Meeting of the Public Financing Authority on Tuesday, June 6, 2006 at 4:00 p.m., immediately following the City Council meeting, to be held in the Council Chambers located at 276 Fourth Avenue, Chula Vista, alifornia, ~r Item 1 on Ihis agenda. c.. K ciLL- Stephen C. Padilla, Mayor ADJOURNED REGULAR MEETING OF THE CITY COUNCIL, REGULAR MEETING OF THE REDEVELOPMENT AGENCY, AND SPECIAL MEETING OF THE PUBLIC FINANCING AUTHORITY June 6, 2006 4:00 P.M. (Immediately following the City Council Meeting) Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Agency/Authority/Councilmembers Castaneda, Chavez, McCann, Rindone, and Chair/Mayor Padilla CONSENT CALENDAR (Item 1) The Agency/Authority/Council will enact the Consent Calendar staff recommendation without discussion unless an Agency/Authority/Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on the following item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. APPROVAL OF MINUTES of May 9 and May 23, 2006. Staff recommendation: Agency/Authority/Council approve the minutes ITEMS REMOVED FROM THE CONSENT CALENDAR ADJOURNMENT of the Public Financing Authority until further notice. PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Agency on any subject matter within the Council/Agency's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council/Agency from taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEM The item listed in this section of the agenda will be considered individually by the Council/Agency, and is expected to elicit discussion and deliberation. If you wish to speak on the item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 2. CONSIDERATION OF APPROV AL OF A WAIVER OF CONFLICT OF INTEREST CONCERNING STRADLING, YOCCA, CARLSON AND RAUTH'S REPRESENTATION OF THE SAN DIEGO UNIFIED PORT DISTRICT The firm of Stradling, Y occa, Carlson & Rauth has represented the City and Redevelopment Agency in connection with various public law, municipal finance, and redevelopment matters since 1997, including a pending litigation matter. In the past and at the present, the firm has represented the San Diego Unified Port District in a number of matters, including various municipal finance and litigation matters. The City and the Agency have asked Stradling, Yocca, Carlson and Rauth to represent them in connection with the City's and Agency's upcoming transaction with the Port District and Gaylord Entertainment relative to the Bayfront development and related financial transactions. Because of its previous and ongoing representation of the Port District, Stradling must first obtain a waiver of conflicts of interest from the City and the Agency in order to represent the City and Agency. (City Attorney) Staff recommendation: Council! Agency adopt the following resolution: JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WAIVING CONFLICT OF INTEREST IN CONNECTION WITH STRADLING, YOCCA, CARLSON AND RAUTH'S REPRESENTATION OF THE SAN DIEGO UNIFIED PORT DISTRICT OTHER BUSINESS 3. DIRECTOR/CITY MANAGER'S REPORTS 4. CHAIR/MA YOR'S REPORTS 5. AGENCY/COUNCILMEMBER COMMENTS ADJOURNMENT of the Redevelopment Agency to the Regular Meeting of June 20, 2006 at 6:00 p.m. in the Council Chambers, following the City Council meeting. Page 2 - Jt. Council/RDA Agenda http://www.chulavistaca.gov June 6, 2006 In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 3 - Jt. Council/RDA Agenda http://www .chulavistaca.gov June 6, 2006 DRAFT MINUTES OF THE SPECIAL MEETINGS OF THE CITY COUNCIL, REDEVELOPMENT AGENCY AND PUBLIC FINANCING AUTHORITY OF THE CITY OF CHULA VISTA May 9,2006 6:00 P.M. Special Meetings of the City Council, Redevelopment Agency, and Public Financing Authority of the City ofChula Vista were called to order at 9:09 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Agency/Authority/Councilmembers: Castaneda, Chavez, Rindone, and Vice ChairmanlDeputy Mayor McCann ABSENT: Agency/ Authority/Councilmembers: ChairmanlMayor Padilla ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/Authority/ City Attorney Moore, and Senior Deputy City Clerk Peoples CONSENT CALENDAR (Item 1) 1. APPROVAL OF MINUTES of February 7, February 14, February 21, March 7, and March 21, 2006. Staff recommendation: Council approve the minutes. ACTION: Agency/Authority/Councilmember Castaneda moved to approve the Consent Calendar. Agency/Authority/Councilmember Chavez seconded the motion, and it carried 4-0 with ChairmanlMayor Padilla absent. ACTION ITEM 2. CONSIDERATION BY THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF APPROVAL OF AN AGREEMENT WITH THE ACCOUNTING FIRM OF MORELAND & ASSOCIATES, INC., TO PROVIDE AUDITING SERVICES Section 1017 of the Chula Vista Charter requires an annual independent audit of the City. The current five-year agreement with Caporicci & Larson, LLP terminated with completion of the June 30, 2005 audit report. A request for proposals to provide auditing services for the City, Redevelopment Agency, and Chula Vista Redevelopment Corporation was sent to 40 auditing firms. Four proposals were received and evaluated by a five-person selection committee. (Finance Director) /IT-/ ACTION ITEM (continued) ACTION: Agency/Authority/Councilmember Rindone offered Council Resolution No. 2006-142 and Redevelopment Agency Resolution No. 2006-1937, heading read, text waived: COUNCIL RESOLUTION NO. 2006-142, AND REDEVELOPMENT AGENCY RESOLUTION NO. 1937, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE ACCOUNTING FIRM OF MORELAND & ASSOCIATES, INC. TO PROVIDE AUDITING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The resolutions were adopted 4-0, with Chairman/Mayor Padilla absent. OTHER BUSINESS 3. EXECUTIVE DIRECTOR/CITY MANAGER'S REPORTS There were none. 4. CHAIRMAN/MA YOR'S REPORTS There were none. 5. AGENCY/COUNCILMEMBER'S COMMENTS Agency/Authority/Councilmember Rindone reported that he had spoken with Mr. Durresne prior to the meeting regarding his suggestion that the maximum size of coaches be determined in relationship to lot size and that the lots in mobilehome parks be plotted accordingly. Mr. Durresne was very supportive of the suggestion, stating that it was getting extensive support in the mobilehome community. ADJOURNMENT At 9:16 p.m., Vice Chairman/Deputy Mayor McCann adjourned the City Council to the Regular Meeting of May 16, 2006 at 6:00 p.m. in the Council Chambers; the Redevelopment Agency to the Regular Meeting of May 16, 2006, following the City Council Meeting; and the Public Financing Authority until further notice. g~P~~~k Page 2 - Council/RDA/PFA Action Agenda http://www.chulavistaca.gov 1/1-,)", May 9,2006 DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL, AND SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA May 23, 2006 6:00P.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 7:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmembers: Castaneda, Chavez, McCann, Rindone and Chairman/Mayor Padilla ABSENT: Agency/Councilmembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency CounseVCity Attorney Moore, and City Clerk Bigelow CONSENT CALENDAR (Item 1) 1. COUNCIL RESOLUTION NO. 2006-161 AND REDEVELOPMENT AGENCY RESOLUTION NO. 1938, JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A WAIVER OF POTENTIAL CONFLICT OF INTEREST WITH RESPECT TO PROSPECTIVE REPRESENTATION OF MR. WALTER SCHANUEL BY GLEN GOOGINS Former Senior Assistant City Attorney Glen R. Googins requested that the City Attorney confirm that his prospective representation of Mr. Walter Schanue1 did not present a conflict of interest that must be waived pursuant to California Rules of Professional Conduct 3-310(D). In January, the Council waived a potential conflict of interest for Mr. Googins related to resolution of a pending code enforcement action. Mr. Googins now seeks a waiver to allow him to assist Mr. Schanuel with processing entitlements and negotiation of agreements for the redevelopment of properties owned by Mr. Schanuel. It does not appear at this time that the interests of Mr. Googins' prospective client are adverse to the City. Accordingly, it is recommended that the City Council waive any potential conflict arising from Mr. Googins' involvement in that matter. (City Attorney) Staff recommendation: Council adopt the resolution. ACTION: Vice Chairman/Deputy Mayor McCann moved to approve staffs recommendation and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. / /!3-1 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There were none. OTHER BUSINESS 2. EXECUTIVE DIRECTOR/CITY MANAGER'S REPORTS There were none. 3. CHAIRMAN/MAYOR'S REPORTS There were none. 4. AGENCY/COUNCILMEMBER'S COMMENTS There were none. ADJOURNMENT At 7:06 p.m., ChairmanlMayor Padilla adjourned the meeting to the Regular Meeting of the Redevelopment Agency on June 6, 2006 at 4:00 p.m., immediately following the City Council meeting, in the Council Chambers. --- .JU fN... 73.~ Susan Bigelow, MMC, City Clerk Page 2 - Jt. CounciVRDA Minutes http://www.chulavistaca.gov /6-~ May 23, 2006 COUNCIL AGENDA STATEMENT ,; Item Meeting Date June 6, 2006 ITEM TITLE: JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, W AlVING CONFLICT OF INTEREST IN CONNECTION WITH STRADLING, YOCCA, CARLSON AND RAUTH'S REPRESENTATION OF THE SAN DIEGO UNIFIED PORT DISTRICT CI /f^. Ann Moore, City Attorney SUBMITTED BY: REVIEWED BY: City Manager (4/5ths Vote: _ No _X----1 INTRODUCTION: Stradling, Yocca, Carlson & Rauth ("Stradling") has represented the City of Chula Vista ("City") and the Chula Vista Redevelopment Agency ("Agency") in connection with various public law, municipal finance, and redevelopment matters since 1997, including a pending litigation matter. In the past and at the present time, Stradling has represented the San Diego Unified Port District ("Port District") in a number of matters including various municipal finance matters and litigation matters. The City and the Agency have asked Stradling to represent it in connection with the City's and Agency's upcoming transaction with the Port District and Gaylord Entertainment related to the Bayfront development and related financial transactions ("Bayfront Transaction"). Because of its previous and ongoing representation of the Port District, in order to represent the City and the Agency, Stradling must first obtain a waiver of conflicts of interest from the City and the Agency. RECOMMENDATION: Approve the Resolution waiving the conflict of interest for Stradling, Yocca, Carlson and Rauth's representation of the City and the Agency. BOARDS/COMMISSION: Not applicable. DISCUSSION: Stradling has requested that the City and Agency waive any objection it may have to Stradling's representation of the Port District in connection with the Bayfront Transaction in Chula Vista. This request, and the City's and the Agency's express waiver of any conflicts of interest, is required under the California State Rules of Professional Conduct as a condition to Stradling's work for the City and the Agency on the Bayfront Transaction. The formal request from Stradling is attached to this Agenda Statement as Exhibit A. Staff does not object to Stradling's representation of the City and the Agency for the following reasons: (1) Stradling will not represent the Port District in connection with any aspect of the Bayfront Transaction. The Port District has indicated that other counsel will be engaged for the representation of the Port District in connection with the Bayfront Transaction; (2) if a dispute does arise, the City and the Agency have the ability to require Stradling to withdraw from its representation; and (3) Stradling's expertise and advice is likely to enhance the overall quality of the Bayfront Transaction. Accordingly, staff recommends the City and the Agency adopt the resolution. FISCAL IMPACT: Not applicable. File: [CLICK HERE AND TYPE FILE NUMBER] J:\Altomey\ELlSAIAGENDA ST ATEMENT$\W AIVER OF eOJ-STRADLlNG, YOCCA_05-16-06.doc ~_/ JOINT RESOLUTION NO. 2006- JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WAIVING CONFLICT OF INTEREST IN CONNECTION WITH STRADLING, YOCCA, CARLSON AND RAUTH'S REPRESENTATION OF THE SAN DIEGO UNIFIED PORT DISTRICT WHEREAS, Stradling, Y occa, Carlson & Rauth ("Stradling") has represented the City of Chula Vista ("City") and the Chula Vista Redevelopment Agency ("Agency") in connection with various public law, municipal finance, and redevelopment matters since 1997, including a pending litigation matter; and WHEREAS, in the past and at the present time, Stradling has represented the San Diego Unified Port District ("Port District") in a number of matters related to various municipal finance matters and litigation matters; and WHEREAS, the City and the Agency have asked Stradling to represent it in connection with the City's and the Agency's upcoming transaction with the Port District and Gaylord Entertainment related to the Bayfront development and related financial transactions ("Bayfront Transaction"); and WHEREAS, Stradling has requested that the City and Agency waive any objection it may have to Stradling's representation of the Port District in connection with the Bayfront Transaction; and WHEREAS, this request is required under the California State Rules of Professional Conduct as a condition to Stradling's work for the City and the Agency on the Bayfront Transaction; and WHEREAS, staff does not object to Stradling's representation of the Port District for the following reasons: (I) Stradling will not represent the Port District in connection with any aspect of the Bayfront Transaction. The Port District has indicated that other counsel will be engaged to represent the Port District in connection with the Bayfront Transaction; (2) if a dispute does arise, the City and the Agency have the ability to require Stradling to withdraw from its representation; and (3) Stradling's expertise and advice is likely to enhance the overall quality of the Bayfront Transaction. ;{-.2.. JOINT RESOLUTION NO. 2006- NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista and the Redevelopment Agency of the City of Chula Vista waive any conflict of interest that might exist in connection with Stradling, Y occa, Carlson and Rauth's representation of the Port District and authorize staff to take any and all appropriate actions to implement this waiver. Presented and approved as to form by: C-~ Ann Moore City Attorney/Agency Counsel J:\Attomey\RESOlREDEVELOPMENTI WAIVER OF COI RE SPRADLlNG.doc d?-3 . "