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Home My WebLink Aboutrda min 2006/07/18 CC/PFA MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY AND A SPECIAL MEETING OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF CHULA VISTA July 18, 2006 6:00 P.M. Adjourned Regular Meetings of the City Council and the Redevelopment Agency and a Special Meeting of the Public Financing Authority of the City of Chula Vista were called to order at 6:44 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Agency/ Authority/Councilmembers Castaneda, Chavez, McCann, Rindone, and Chair/Mayor Padilla ABSENT: Agency/ Authority/Councilmembers: None ALSO PRESENT: Interim Executive Director/Interim City Manager Thomson, General Counsel!City Attorney Moore, Senior Deputy City Clerk Peoples CONSENT CALENDAR (Items 1 -2) l. APPROV AL OF MINUTES of the June 6, 2006 joint meeting of the City Council, Redevelopment Agency, and the Public Financing Authority. Staff recommendation: Council! Agency/Authority approve the minutes. 2. COUNCIL RESOLUTION NO. 2006-221, AND REDEVELOPMENT AGENCY RESOLUTION NO. 2006-1948 JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A REQUEST BY LUCE FORWARD HAMIL TON AND SCRIPPS, LLP, FOR THE WAIVER OF POTENTIAL OR ACTUAL CONFLICT OF INTEREST WITH RESPECT TO LUCE FORWARD HAMILTON AND SCRIPPS, LLP REPRESENT A TION OF ACI SUNBOW, LLC REGARDING OT A Y LANDFILL AGREEMENT LITIGATION The law firm of Luce, Forward, Hamilton, and Scripps, LLP has ongoing representation of the City in various employment-related matters. The firm also represents the developer, ACI Sunbow, LLC. The law firm has requested a waiver of potentia 1 or actual conflict of interest with respect to its representation of ACI Sunbow, LLC. (City Attorney) Staff recommendation: Council! Agency adopt the resolution. ACTION: Vice Chair/Deputy Mayor McCann offered the Consent Calendar, headings read, texts waived. The motion carried 4-0 with Agency/Authority/Councilmember Rindone away from the dais. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 3. CONSIDERATION OF THE LEVY AND COLLECTION OF ASSESSMENTS AND THE RENEWAL OF THE DOWNTOWN CHULA VISTA PROPERTY-BASED IMPROVEMENT DISTRICT (PBID) FOR A PERIOD OF TEN YEARS The Downtown Chula Vista Property-Based Business Improvement District (PBID) was formed in 2001 to proactively implement a number of enhancement services and programs within the downtown core. Administered by the Downtown Business Association/Third Avenue Village Association, the PBID was established to promote a cleaner, safer, and more attractive business district, and was inaugurated for a five-year term beginning in 2001. In order to continue operation, the PBID must be renewed by July 2006 by a majority of returned property owner ballots weighted by the financial obligations of the assessment to be paid. (Acting Community Development Director) 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. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. Mayor Padilla asked the City Clerk to open and tabulate the ballots received. Senior Deputy City Clerk Peoples conducted the tabulation and reported that ballots with assessments totaling $] 73,770.23, representing 77.9 percent of the returned ballots, were cast in favor of the assessment district; and ballots with assessments totaling $49,058.18, representing 22.1 percent, were cast in opposition to the assessment district. Agency/Councilmember Rindone inquired and received confirmation from Jack Blakley, Executive Director of the Downtown Business Association, that the businesses that did not vote in favor of the assessment would still be required to pay it as part of their property tax and the County of San Diego would provide the enforcement. ACTION: Vice Chair/Deputy Mayor McCann offered the following joint resolution, heading read, text waived: COUNCIL RESOLUTION NO. 2006-222, AND REDEVELOPMENT AGENCY RESOLUTION NO. 2006-1949, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS, RENEWAL OF THE DOWNTOWN CHULA VISTA PROPERTY-BASED IMPROVEMENT DISTRICT (PBID) FOR A PERIOD OF TEN YEARS, AND APPROVING THE FINAL ENGINEER'S REPORT The motion carried 4-0 with Agency/Councilmember Castaneda abstaining due to the proximity of his property to the district. Page 2 - CC/RDA/PF A Minutes http://WWW .ch ula vistaca. gOY J u]y 18, 2006 PUBLIC HEARINGS (continued) 4. CONSIDERATION OF ADOPTION OF THE REDEVELOPMENT AGENCY FIVE- YEAR IMPLEMENT A TION PLAN (2005-2009) FOR THE MERGED BA YFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT AREA (INCLUDING BA YFRONT AND TOWN CENTRE I), AND THE MERGED Chula Vista REDEVELOPMENT PROJECT AREA (INCLUDING TOWN CENTRE II, SOUTHWEST, OT A Y V ALLEY, AND THE ADDED AREA) The Five-Year Implementation Plan was prepared in accordance with the statutory requirements of redevelopment law and is a strategic planning document for the Redevelopment Agency that outlines key steps to successful redevelopment of western Chula Vista for the next five years. (Acting Community Development Director) 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. Agency/Councilmember Castaneda stated he would abstain on Item 4A due to the proximity of his property to the project area. Vice Chair/Deputy Mayor McCann stated he would abstain on Item 4B due to the proximity of his property to the project area. Mayor Padilla opened the public hearing. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. ACTION: Vice Chair/Deputy Mayor McCann offered the following resolution, heading read, text waived: A. REDEVELOPMENT AGENCY RESOLUTION NO. 2006-1950, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING A FIVE-YEAR IMPLEMENTATION PLAN FOR THE MERGED BA YFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT AREA (INCLUDING BA YFRONT AND TOWN CENTRE I) FOR THE 2005-2009 PERIOD The motion carried 3-0-1 with Agency/Councilmember Castaneda abstaining due to the proximity of his property to the project area and Agency/Councilmember Rindone away from the dais. ACTION: Mayor//Chair Padilla offered the following resolution, heading read, text waived: B. REDEVELOPMENT AGENCY RESOLUTION NO. 2006-1951, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING A FIVE-YEAR IMPLEMENTATION PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA (INCLUDING TOWN CENTRE II, SOUTHWEST, OT A Y VALLEY. AND ADDED AREA) FOR THE 2005-2009 PERIOD The motion carried 3-0-1 with Vice Chair/Deputy Mayor McCann abstaining and Agency/Councilmember Rindone away from the dais. Page 3 - CC/RDA/PF A Minutes http://www . chula vistaca.gov July 18. 2006 PUBLIC HEARINGS (continued) 5. CONSIDERATION OF THE ADOPTION OF ORDINANCES AMENDING THE REDEVELOPMENT PLANS FOR THE MERGED BA YFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT AREA (ONLY PERTAINING TO BAYFRONT ORIGINAL AND TOWN CENTRE I), AND THE REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA (ONLY PER T AINING TO TOWN CENTRE II ORIGINAL AND OT A Y VALLEY) During Fiscal Years 2004/2005 and 2005/2006, the Redevelopment Agency was required by Senate Bill 1096 (Chapter 211, Statutes of 2004) to make payments to a special state account - the Educational Revenue Augmentation Fund (ERAF). To compensate redevelopment agencies for those "ERAF shifts," the State Legislature (through Senate Bill 1 096) authorized agencies to extend the effectiveness of their redevelopment plans by up to two years, provided the Agency can make certain findings. The proposed ordinances contain the necessary findings. (Acting Community Development Director) 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. Agency/Councilmember Castaneda stated he would abstain on Item 5A due to the proximity of his property to the project area. Vice Chair/Deputy Mayor McCann stated he would abstain on Item 5B due to the proximity of his property to the project area. Mayor Padilla opened the public hearing. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. ACTION: Mayor//Chair Padilla offered the following ordinance for first reading, heading read, text waived: A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING REDEVELOPMENT PLANS FOR THE MERGED BA YFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT AREA (ONL Y PERTAINING TO BA YFRONT ORIGINAL AND TOWN CENTRE I), PURSUANT TO SENATE BILL 1096 (CHAPTER 211, STATUTES OF 2004) AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6 (FIRST READING) The motion carried 3-0-1 with Agency/Councilmember Castaneda abstaining due to the proximity of his property to the project area and Agency/Councilmember Rindone away from the dais. ACTION: Mayor/ /Chair Padilla offered the following ordinance for first reading, heading read. text waived: Page 4 - CC/RDA/PF A Minutes http://www .chulavistaca.gov July 18.2006 PUBLIC HEARINGS (Continued) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA (ONLY PERTAINING TO TOWN CENTRE 11 ORIGINAL AND OT A Y V ALLEY), PURSUANT TO SENATE BILL l096 (CHAPTER 211, STATUTES OF 2004) AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6 (FIRST READING The motion carried 3-0-1 with Vice Chair/Deputy Mayor McCann abstaining due to the proximity of his property to the project area and Agency/Councilmember Rindone away from the dais. OTHER BUSINESS 6. CITY MANAGER/DIRECTOR'S REPORTS There were none. 7. MAYOR/CHAIR'S REPORTS There were none. 8. COUNCIL/AGENCY MEMBER'S COMMENTS There were none. ADJOURNMENT At 10:04 p.m., Mayor/Chair Padilla adjourned the City Council to the Regular Meeting of July 25. 2006 at 6:00 p.m. in the Council Chambers, the Redevelopment Agency to the Regular Meeting of July 25, 2006 at 6:00 p.m. in the Council Chambers, and the Public Financing Authority until further notice. 1\~~~ Lori fume Peoples, CM=Uty City Clerk Page 5 - CC/RDAlPf A Minutes http://www . ch u1avistaca.gov July 18. 2006