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HomeMy WebLinkAbout2005 02-22 CC ADJ MINBook 87/Page 38 2/22/05 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA February 22, 2005 The Adjourned Regular Meeting of the City Council of the City of National City was called to order at 6:31 p.m. by Vice Mayor Morrison. ROLL CALL Councilmembers present: Morrison, Natividad, Zarate. Councilmembers absent: Inzunza, Parra. Administrative officials present: Condon, Dalla, Eiser, Martinez, Zapata. PUBLIC ORAL COMMUNICATIONS — None. BUSINESS The City Council convened in Joint Session with the Community Development Commission to concurrently consider Item No. 5 on the CDC Agenda and Item No. 1 on the City Council Agenda. 1. PROPOSED 2004 AMENDMENT TO THE NATIONAL CITY REDEVELOPMENT PLAN. A. SUBJECT: Memorandum, dated February 22, 2005, entitled "Amendment Of Redevelopment Plan: Abstention Of Members Of The City Council And Community Development Commission Board; Legally Required Participation." RECOMMENDATION: That the memorandum be made a part of the record of the proceedings. TESTIMONY: None. ACTION: Adopted. See Item 1D, below. B. Resolution No. 2005-31: APPROVING THE NEGATIVE DECLARATION FOR THE PROPOSED 2004 AMENDMENT TO THE NATIONAL CITY REDEVELOPMENT PLAN. RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: No action taken. Book 87/Page 39 2/22/05 C. Resolution No. 2005-32: APPROVING THE WRITTEN RESPONSES TO THE WRITTEN OBJECTIONS RECEIVED ON THE PROPOSED 2004 AMENDMENT TO THE NATIONAL CITY REDEVELOPMENT PLAN. RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: No action taken. D. AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PLAN THROUGH THE ADOPTION OF THE 2004 AMENDMENT TO THE NATIONAL CITY REDEVELOPMENT PLAN. RECOMMENDATION: Adopt the Ordinance. TESTIMONY: Sarah Ruiz, National City, expressed support for redevelopment in general and concerns about the use of eminent domain. Reverend Emmit Ferrell, St. Anthony's Church, expressed opposition to use of eminent domain. Daniel Ilko, National City, spoke in opposition to the amendment. Robert Ito, San Diego, spoke in favor to the amendment. Darryl Gorham, National City, spoke in favor of the amendment. Ted Godshalk, National City, requested that the intended exclusion of the use of eminent domain for houses be stated at the beginning of the Resolution amending the Redevelopment Plan. Leticia Ayala, representing the Environmental Health Coalition, expressed their belief that the West Side Specific Plan should be completed before the Redevelopment Plan is amended. Jim Beauchamp, National City, spoke in favor of the Redevelopment Plan. Mike Zaveri, National City, asked questions about how the plan would effect his property. ACTION: Motion by Zarate, seconded by Natividad, to refer back to staff, to return in 30 days with more specifics regarding the corridors and the time frame, and that the memorandum dated February 22, 2005, entitled "Amendment Of Redevelopment Plan: Book 87/Page 40 2/22/05 Abstention Of Members Of The City Council And Community Development Commission Board; Legally Required Participation," be adopted and made part of the record. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Zarate. Nays: None. Absent: Inzunza, Parra. Abstain: None. 2. Resolution No. 2005-33: APPROVING CERTAIN PROVISIONS OF AN OWNER PARTICIPATION AGREEMENT (OPA) BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION AND THE BEAUCHAMP FAMILY TRUST FOR DEVELOPMENT OF THE PARK VILLAGE MIXED -USE PROJECT. RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Zarate, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Zarate. Nays: None. Absent: Inzunza, Parra. Abstain: None. 3. Resolution No. 2005-34: REPORTING TO THE COUNTY AUDITOR AS TO HOW THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY INTENDS TO FUND ITS ALLOCATION TO THE COUNTY'S EDUCATIONAL RESERVE AUGMENTATION FUND (ERAF). RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Zarate, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Zarate. Nays: None. Absent: Inzunza, Parra. Abstain: None. ADJOURNMENT Motion by Natividad, seconded by Zarate, the meeting be adjourned to the Adjourned Regular Meeting of the City Council to be held on Saturday, February 26, 2005 at 9:00 a.m. at the Kimball Senior Center. Carried by unanimous vote. Absent: Inzunza, Parra. The meeting closed at 7:15 p.m. Book 87/Page 41 2/22/05 The foregoing minutes were approved at the Regular Meeting of March 15, 2005. CITY OF NATIONAL CITY ALL CITY COUNCIL MEETINGS ARE TAPE-RECORDED. YOU MAY LISTEN TO THE TAPES IN THE CITY CLERK'S OFFICE. COPIES OF THE TAPES MAY BE PURCHASED FROM THE CITY CLERK. M, City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, III . City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 Agenda Item No. 1.A. TO: Mayor and City Council DATE: February 22, 2005 FROM: City Attorney SUBJECT: Amendment of Redevelopment Plan: Abstention of Members of the City Council and the CDC Board; Legally -Required Participation I request that the following statement be made part of the record pertaining to the proposed Amendment of the Redevelopment Plan: The legislative body of the City of National City is the City Council. As authorized by the Community Redevelopment Law of the State of California, the City Council is also the governing board of the Community Development Commission (the CDC). The Community Redevelopment Law provides that a redevelopment plan may be amended by the adoption of an ordinance by the City Council after a joint public hearing of the City Council and the members of the board of the CDC. In National City, no other body is available to hold a hearing or to adopt an ordinance amending the redevelopment plan. The Political Reform Act of the State of California prohibits a public official from participating in a governmental decision in which the official has a disqualifying conflict of interest. Generally, a public official has a conflict of interest if the decision will have a reasonably foreseeable material financial effect on one or more of the official's economic interests. Pursuant to Section 18704.2 of Title 2, Division 6 of the California Code of Regulations, real property in which a public official has an economic interest is directly involved in a governmental decision if the decision is to adopt or amend a redevelopment plan, and the real property in which the official has an interest is located in the boundaries of the redevelopment area. Pursuant to Section 18705.2 of Title 2, Division 6 of the California Code of Regulations, where a public official has aninterest in real property which is directly involved in a governmental decision, the financial affect of that on the real property is presumed to be material, unless the presumption is rebutted. The residences of Mayor Inzunza, Councilman Parra and Councilwoman Zarate are located in the redevelopment project area. Additionally, Mayor Inzunza has an ownership interest in a duplex residence located at 1416 East 16th Street, also within the project area. A decision to amend the redevelopment plan is being considered by the 19 Recycled Paper Amendment of Redevelopment Plan February 22, 2005 Page 2 City Council. Pursuant to the provisions of the Political Reform Act and of Title 2, Division 6 of the California Code of Regulations, Mayor Inzunza, Councilman Parra and Councilwoman Zarate have determined to abstain from participating in the decision to amend the redevelopment plan, because that decision may have a material financial effect on their real property interests located in the project area. Because the abstentions of Mayor Inzunza, Councilman Parra and Councilwoman Zarate result in less than a quorum being available to consider adoption of the ordinance amending the redevelopment plan, the concept of "legally required participation" must be invoked. This concept allows a disqualified official to be re - qualified by a random selection process, and allows a quorum to be present and for the re -qualified official to participate in the decision -making process until it is completed. This process was followed when the proposed Amendment to the Redevelopment Plan was considered at the January 4, 2005 meetings of the City Council and the CDC Board. The process resulted in Councilwoman and Board Member Zarate being requalified to participate. GEORGE 1-T. EISER, III City Attorney GHE/gmo cc: City Manager Executive Director, CDC City Clerk