Loading...
HomeMy WebLinkAboutReso 2002-488RESOLUTION NO. 2002-488 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE PROCEDURES FOR THE FORMATION OF A PROJECT AREA COMMITTEE FOR THE REDEVELOPMENT PROJECTS AMENDMENT AND MERGER WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") has proposed to amend and merge the Bayfront Constituent Plan, Town Centre I Constituent Plan, Town Centre II Constituent Plan, Otay Valley Constituent Plan, and Southwest Constituent Plan, and add approximately 400 acres of territory in the proposed merged Chula Vista Redevelopment Project Area ("Amendment"); and WHEREAS, the City Council of the City of Chula Vista ("City Council") and Agency have undertaken procedures for the adoption of the Amendment; and WHEREAS, the Amendment proposes to include certain territory ("Added Area") that will grant the authority to the Agency to acquire property by eminent domain; and WHEREAS, under Section 33385 of the California Community Redevelopment Law ("Law"), a Project Area Committee ("PAC") is to be formed with respect to the Amendment because the Added Area is believed by the Agency staff to contain a substantial number of low- income persons or moderate-income persons; and WHEREAS, Section 33385 of the Law also requires the City Council to adopt a procedure, by resolution, for the formation of a PAC and to adopt procedures regarding the election of PAC members. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. The document entitled "Procedure for the Formation and Election of the Project Area Committee for the Adoption for the Redevelopment Projects Amendment and Merger," a copy of which is attached hereto as Exhibit "A," is hereby adopted as the procedure to be followed for the formation and election of the PAC for the proposed Amendment. The City Council calls upon the property owners, residents, businesses and existing community organizations within the proposed Added Area to form a Project Area Committee, as more fully described in the PAC Procedure. Resolution 2002-488 Page 2 Presented by Approved as to form by Chris Salomone Community Development Director //Jj~fhn M. Kaheny ~ ~//City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 26th day of November, 2002, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None Steph~ Padilla, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-488 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 26th day of November, 2002. Executed this 26th day of November, 2002. Susan Bigelow, City Clerk Resolution 2002-488 Redevelopment Projects Amendment and Merger Procedure for Formation and Election of a Project Area Committee Redevelopment Agency of the City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Rosenow Spevacek Group, Inc. 217 North Main Street, Suite 300 Santa Ana, California 92701 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com I. [100] GENERAL A. [101] Purpose On November 20, 2002, the Planning Commission of the City of Chula Vista adopted the Preliminary Plan for the proposed Amendment and Merger of the City's five existing redevelopment project areas. In part, the Amendment and Merger would expand the size of the Merged Project Area by approximately 522 acres of commercial, industrial, and residential property in west Chula Vista. Within this Added Area, the Redevelopment Agency of the City of Chula Vista ("Agency") is proposing to include authority for the Agency to exercise the power of eminent domain, subject to all notices, procedures, hearings, and actions required by the California Eminent Domain Law, for future redevelopment projects involving land assembly. Because the Added Area appears to contain a substantial number of housing occupied by Iow and moderate-income households, a project area committee must be formed under Health and Safety Code Section 33385.3 so that residents and others within the Added Area may review the proposed Amendment and Merger prior to its consideration by the Agency Board and City Council. No specific property within the Added Area is proposed to be acquired by the Agency at this time. One purpose of the Amendment and Merger is to allow the Agency to continue to have the same authority to acquire property by eminent domain the Agency has had for the past 12 years. This document establishes procedures for formation of a project area committee ("PAC") for the Amendment and Merger. A map identi~ing the Added Area is attached hereto as Exhibit A. The procedures presented herein shall be used to govern formation and election of the PAC. B. [102] Authority Pursuant to Section 33385 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Redevelopment Law"), this Procedure was approved and adopted on November 26, 2002 by Resolution No. 2002- 488 of the City Council of the City of Chula Vista after a duly noticed public hearing. C. [103] Definitions For the purposes herein: 1) "Added Area" means the territory proposed to be added to the existing Bayfront, Town Centre I, Town Centre II, Otay Valley and Southwest Redevelopment Project Area, as shown on Exhibit A. -1- 2) "Agency" means the Redevelopment Agency of the City of Chula Vista, a public body, corporate and politic, which exercises powers as a redevelopment agency under the Redevelopment Law. 3) "Business" means any lawful activity, whether or not carried on for profit, which is conducted within the Added Area, as further defined herein, for (i) the purchase, sale, lease, or rental of tangible or intangible personal property (a "Retail Business"); (ii) the manufacture, processing or marketing of products, commodities or any other personal property (a "Manufacturing Business"); or (iii) the sale of services to the public (a "Service Business"). Business also includes any property owner that is a Person, as further defined herein, who owns the real property in the Added Area, who does not use the real property for their primary residence. Such real property includes residential nonowner occupied property, industrial property, retail property, and other commercial property. 4) "City" means the City of Chula Vista, California, a municipal corporation. "City Council" means the City Council of the City, exercising powers as the legislative body under the Redevelopment Law. "Existing Community Organization" means any nonprofit association of persons organized for religious, entrepreneurial, scientific, educational, literary or other purposes, which conducts its regularly scheduled meetings within the boundaries of the Added Area and uses an address located within the Added Area for its office or headquarters. 7) "PAC Application" means the Statement of Interest and Qualifications enclosed herein as Exhibit "B." 8) "PAC Election" means the meeting to elect PAC members as described in Section 500 of this Procedure. 9) "Person" means, but is not limited to, an individual, household, family, proprietorship, partnership, business trust, joint venture, syndicate, corporation, or association. 10) "Procedure" means this Procedure for Formation and Election of a Project Area Committee, adopted by the City Council on November 26, 2002. 11) "Project" means the proposed merged Chula Vista Redevelopment Project. -2- 12) "Project Area" means the merged Chula Vista Redevelopment Project Area as shown on Exhibit "A". II. to: 13) 14) 15) 16) [200] A. "Project Area Committee" or "PAC" means the committee formed and selected in accordance with Section 33385, et seq., of the Redevelopment Law and the procedure set forth herein. "Resident" means a Residential Owner-Occupant or Residential Tenant. "Residential Owner-Occupant" means a person who owns a dwelling unit in the Added Area and occupies such dwelling unit as the person's permanent residence and usual place of abode. "Residential Tenant" means a person who rents a dwelling unit in the Added Area pursuant to a rental agreement and has occupied such dwelling unit as a permanent residence and usual place of abode for not less than twenty-nine (29) days prior to the submittal of a completed PAC application as described in Section 501 herein. PUBLIC MEETINGS [201] Meetings The Agency staff shall conduct at least one public informational meeting · Explain the establishment and functions of the PAC, and the opportunity to serve on the PAC. Distribute and make available to each attendee: (i) a copy of Article 6.5 of the Redevelopment Law (Sections 33385-33388); (ii) a copy of Sections 33347.5 and 33366 of the Redevelopment Law; (iii) a copy of this procedure; (iv) a copy of the Preliminary Plan; (v) applications for PAC membership; and (vi) any other materials the Agency determines would be useful. Not less than fourteen (14) days following the informational meeting, a separate public meeting shall be conducted to elect members of the PAC. Both the informational and election meetings shall be held in the Added Area. The date, time and place of the informational and election meetings will be scheduled by the City Clerk, in accordance with the process more particularly set forth in Section 500, et seq., herein. -3- B. [202] Presentation of PAC to City Council The Agency shall present the results of the PAC Election to the City Council at a regular meeting of the City Council following the PAC Election, which date shall be announced at the PAC Election meeting. The City Council shall adopt a finding that all the relevant portions of this Procedure regarding the election were followed and shall determine the validity of any properly filed challenges to the PAC Election within the time required by law and as set forth in Section 606 of this Procedure. III. [300] NOTICE OF MEETINGS, HEARINGS, AND PLEBISCITES The Agency shall publish notice of all meetings, hearings, or plebiscites conducted by the Agency or the City Council, or on behalf of the City Council or Agency, relative to the formation and selection of the PAC, and the opportunity to serve on the PAC in the same manner as specified in Subdivision (a) of Section 65090 of the Government Code. A. [301] Publication of Opportunity to Serve The Agency shall publicize the opportunity to serve on the PAC by mailing written notice of the opportunity to serve to all Residents, Businesses, and Existing Community Organizations in the Added Area. This notice shall be mailed by first-class mail at least thirty (30) days prior to the formation of the PAC; the notices may be addressed to "Occupant." B. [302] Publication of Notice The Agency shall publish notice of each meeting, hearing, or plebiscite relative to the formation and selection of the PAC at least one time in a newspaper of general circulation in the City at least ten (10) days prior to the date for each meeting, hearing, or plebiscite. The notice shall include: (1) the date, time, and place of each meeting, hearing, or plebiscite, (2) the identity of the body conducting such meeting, hearing, or plebiscite, (3) a general explanation of the matters to be considered, (4) a general description of the Added Area, in text or by diagram, (5) a statement that a PAC will be formed for the Added Area, (6) a general description of the duties of PAC members, and (7) a general statement of the criteria for eligibility to vote for PAC members and serve on the PAC. C. [303] Notice by Mail The Agency shall mail written notice to all Residents, Businesses, and Existing Community Organizations in the Added Area of all meetings, hearings, or plebiscites conducted by, or on behalf of, the Agency or the City Council relative to the formation and selection of the PAC (following the approval of this Procedure). This -4- mailed notice requirement shall only apply if mailing addresses of all Residents, Businesses, Existing Community Organizations, or of all occupants, are obtainable by the Agency at a reasonable cost. The notice shall be mailed by first-class mail, but may be addressed to "occupant." In lieu of providing separate notice for each meeting, hearing, or plebiscite, the Agency may provide a single notice pursuant to this Section 303 stating all dates, times, and locations of any meetings, hearings, and plebiscites relative to the formation and selection of the PAC. If the Agency has acted in good faith to comply with the notice requirements of this Section 303, the failure of the Agency to provide the required notice to Residents, Businesses, or Existing Community Organizations unknown to the Agency or whose addresses could not be obtained at a reasonable cost, shall not, in and of itself, invalidate the formation or actions of the PAC. D. [304] Other Forms of Notice In addition to the notice required by Sections 301, 302, and 303, the Agency may, but is not obligated to, post notices, distribute flyers, purchase radio or newspaper display advertisements or undertake such other actions as it deems necessary or desirable to further inform Residents, Businesses, and Existing Community Organizations of the formation of the PAC. E. [305] Foreign Languages Any of the notices or announcements required herein may be translated into another language if the Agency determines in its discretion that such translation is necessary to effectively publicize the opportunity to serve on the PAC and participate in the formation and selection of the PAC. IV. [400] COMPOSITION OF PAC MEMBERSHIP A. [401] Categories Subject to the remaining provisions of this Section 401, the PAC is to be composed of a maximum of seven (7) members, which shall include the number of representatives listed in each of the following categories: Note: Because of the voluntary nature of participation in the PAC, as well as other constraints, it is possible that the number of representatives in one or more of the categories or the total membership may be below those levels set forth in the preceding portion of this Section 401. Such circumstances will not affect conduct of business by the PAC. Notwithstanding any other provision of this Procedure, a quorum for all PAC meetings shall be determined by the total number of PAC representatives ejected to serve in accordance with this Procedure. -5- tative Category Number of Representatives Residential Owner-Occupant Residential Tenant Business Owner Existing Community Organization 1 2 3 1 TOTAL 7 B. [402] Existing Community Organization/Appointment of Represen- The Existing Community Organization elected to serve on the PAC, pursuant to Part V of this Procedure, shall appoint one of its members to serve on the PAC. An alternate may also be appointed to serve on the PAC, in the event that the original representative is unable to attend a PAC meeting. However, in no event shall more than one member of the Existing Community Organization attend the PAC meetings in his/her PAC membership capacity. [403] Vacancies in Membership Categories -- Adjustment of Composition of PAC; Succession If, at the time of formation of the PAC, an insufficient number of candidates are elected to represent each category of membership on the PAC, such seats may remain vacant until qualified and eligible candidates are selected in the manner provided by this Procedure. The existence of any vacancies shall not prevent formation of the PAC or the conduct of business by the PAC. If a vacancy should remain or occur after the formation of the PAC, the PAC shall by a vote of its remaining members determine which person(s) shall fill the categories or positions which are vacant, thereby, expanding membership to its maximum membership as provided under Section 401. Such determination shall be made pursuant to such process, as the PAC shall deem appropriate, and without the mailing of notices required pursuant to Section 303 of this Procedure concerning the original establishment of the PAC. V. [500] ELECTION PROCEDURE A. [501] PAC Applications A candidate for PAC membership must submit a completed PAC Application to the Agency office, which application must be received by the Agency two days prior to the PAC Election. If no PAC Application is received for any membership category by such date, nominations, including self-nomination, for that membership -6- category may be made the night of the PAC Election. Any such nominees are eligible for election, provided they meet the eligibility requirement for PAC membership under Section 600. A copy of the PAC Application is attached hereto as Exhibit "B" and incorporated herein by this reference. All submitted PAC Applications shall be available to the general public for review beginning on the business day following submittal, and shall be available at the election meeting described in Section 201 above and at the Agency office prior to such meeting. The Agency office is located at 276 Fourth Avenue, Chula Vista, California 91910. VI. [600] ELIGIBILITY REQUIREMENTS FOR PAC MEMBERSHIP Upon submittal of a PAC Application, candidates for PAC membership must present evidence that they are eighteen (18) years of age or older. Candidates are advised that the Fair Political Practices Agency requires elected PAC Members to complete Statements of Economic Interest, which disclose certain personal financial information concerning such PAC member. Candidates may only run for one category of PAC membership and must present a valid California identification card, driver's license, military identification, or similar identification and the following evidence as eligibility for the applicable category: tax bill. Residential Owner-Occupant: Recorded grant deed or property 2. Residential Tenant: Executed rental agreement or rent receipt. 3. Business Owner: Business license issued by State of California or City, or City Business Tax Certificate. Property owners may also provide proof of ownership of real property, which is not used for primary residency in the Added Area. 4. Existinq Community Organization: Each of the following: (i) proof of existence of the organization as of the time of the PAC informational meeting, (ii) proof of existence and operation within the Added Area, such as articles of incorporation, bylaws or business license, and (iii) a resolution of the board of directors of such organization authorizing a representative or alternate to act on its behalf. A. [601] Voter Registration Absentee voting is not permitted. Anyone desiring to vote at the PAC Election must attend the PAC Election meeting and register prior to, or at, the PAC Election by providing satisfactory evidence to the Agency staff that he or she is (1) at least eighteen (18) years of age or older and (2) is a Residential Owner-Occupant or Residential Tenant or Business Owner in the Added Area, or is the authorized representative (as evidenced by a letter) of a Business or Existing Community -7- Organization within the Added Area. Any of the following documents, where appropriate to the category of the voter, may be provided as evidence of eligibility to vote: 1. Residential Owner-Occupant: Recorded grant deed, property tax bill or other official documentation. 2. Residential Tenant: Executed rental agreement, rent receipt, or other official documentation. 3. Business Owner: Business license issued by State of California or City, or City Business Tax Certificate. Property owners may also provide proof of ownership of real property, which is not used for primary residency in the Added Area. 4. Existing Community Organization: Each of the following: (i) proof of existence of the organization as of the time of the PAC informational meeting, (ii) proof of existence and operation within the Added Area, such as articles of incorporation, bylaws or business license, and (iii) a resolution of the board of directors of such organization authorizing a representative or alternate to act on its behalf. B. [602] Candidate Speeches All candidates for each PAC membership category (i) Residential Owner- Occupant, (ii) Residential Tenant, (iii) Business, (iv) Existing Community Organization shall be given an opportunity to make a speech at the PAC Election meeting. A time limit of three (3) minutes is established for each speech. If a candidate is unable to attend the election meeting, the candidate may designate a representative to make their speech. Reasonable rules of order (in the event of dispute, Roberts Rules of Order are to be used) will be applied, considering the number of candidates running in the PAC Election. C. [603] Voting Categories Each voter may cast ballots for representatives of that voter's PAC membership category and for the category of Existing Community Organization. Voters who have qualified to vote as Residential Owner-Occupants shall be entitled to vote for representatives of the Residential Owner-Occupant category. Voters who have qualified to vote as Residential Tenants shall be entitled to vote for representatives of the Residential Tenant category. Voters who have qualified to vote as representatives of Businesses shall be entitled to vote for representatives of the Business Owner category. Residential Owner-Occupant, Residential Tenants, and Businesses shall also be entitled to vote for the Existing Community Organization category. Voters who have qualified to vote as representatives of Existing Community Organizations are entitled to vote for that category only. -8- D. [604] Balloting Ballots shall be provided to registered voters for each PAC membership category, i.e., a Residential Owner-Occupant ballot, a Residential Tenant ballot, a Businesses ballot, and an Existing Community Organizations ballot. Voting shall be conducted by secret ballot. Agency staff shall serve as authorized election assistants to collect and tally the ballots. The Agency shall ensure secrecy of the ballot by requiring each ballot to be folded and passed to an authorized election assistant. The election assistants shall tally the ballots at the PAC Election meeting. E. [605] Results/Runoffs The Agency staff shall announce the results of the PAC Election at the PAC Election meeting when the ballots are tallied. If a runoff is necessary, it shall be announced and held immediately. At the PAC Election meeting, Agency staff shall announce that the results and ballots shall be maintained by the Agency for presentation to the City Council. F. [606] Challenges/Validity Any challenge to the PAC Election or to the electoral procedures followed in connection with the PAC Election shall be filed with the City Council within fifteen (15) calendar days following the PAC Election. The City Council shall review disputed elections by considering all challenges so filed and will determine the validity of those challenges within thirty (30) days following the PAC Election. VII. [700] SPECIAL PROVISIONS A. [701] Compensation of PAC Members The members of the PAC shall serve without compensation. B. [702] Amendment of Procedure The procedure established herein may be amended from time to time by resolution of the City Council. -9- EXHIBIT "A" PROJECT AREA AND ADDED AREA MAP Merged Chula Vista Redevelopment Project Area EXHIBIT "B" STATEMENT OF INTEREST AND QUALIFICATIONS PROJECT AREA COMMITTEE APPLICATION ADDED AREA OF THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA This information will be made available to Voters before the Election (Please Print and Check the Appropriate Boxes) To the City Council of the City of Chula Vista: I, would like to volunteer to run for election to the Project Area Committee at the election' meeting to be held on I would like to be elected for the following category: [CHOOSE ONE ONLY] Residential Owner-Occupant Residential Tenant Business Owner Existing Community Organization I CERTIFY THAT WITHIN THE ADDED AREA BOUNDARIES [Choose One Only] 1. I am a Residential Owner-Occupant because I own and reside in residential property located at the following address: and have attached a copy of my recorded grant deed or property tax bill as evidence. 2. I am a Residential Tenant because I rent a dwelling unit and have occupied the dwelling unit as my permanent residence and usual place of abode for not less than twenty-nine (29) days. I reside at the following address: and have attached an executed rental agreement or rent receipt as evidence. 3. I am a Business Owner, or authorized representative of such Business, or own real property, which is not my residence. The name and address of the business is: and have attached Business license issued by State of California or City, or City Business Tax Certificate. Property owners may also provide proof of ownership of real property, which is not used for primary residency in the Added Area as evidence. 4. I am a member of an Existing Community Organization for either a service club L~, a church group [ ], a neighborhood organization [ ], or other community -1- organization [ 1, which conducts its regularly scheduled meetings within and uses an address located within the Added Area, and am eligible to vote as a unit member. I have attached an official letter or resolution from the organization, on their letterhead, authorizing me to represent them. The name, address, and description of this community organization are: The reasons I would like to serve on the Project Area Committee are as follows (include prior experience in community affairs and/or other qualifications to serve on the Project Area Committee, and attach additional sheet, if necessary): I acknowledge that if elected as a PAC member, I will be required to complete a Statement of Economic Interest that discloses certain personal financial information concerning any financial interests I have in the Added Area (and my family and spouse, if applicable). I possess all the necessary qualifications to serve as a representative on the Project Area Committee and will participate in the regular PAC meetings. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct: Date and Place Signature Residence Address Qualifying Address (Address of Residence/Business/Existing Community Organization, whichever is applicable) Mailing Address Daytime Telephone Number Evening Telephone Number To be eligible for Project Area Committee membership, this completed application must be returned to and received by the Office of the City Clerk, 276 Fourth Avenue, Chula Vista, California 91910, no later than Any applications received after those times will be put on file for consideration for future Project Area Committee vacancies. -2- EXHIBIT "A" PROJECT AREA AND ADDED AREA MAP Merged Chula Vista Redevelopment Project Area ~ -/5' PROPOSED AMENDED AND MERGED CHU~VISTAREDEVELOPMENTPROJECTAREA EXHIBIT "B" STATEMENT OF INTEREST AND QUALIFICATIONS PROJECT AREA COMMITTEE APPLICATION ADDED AREA OF THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA This information will be made available to Voters before the Election (Please Print and Check the Appropriate Boxes) To the City Council of the City of Chula Vista: I, would like to volunteer to run for election to the Project Area Committee at the election meeting to be held on I would like to be elected for the following category: [CHOOSE ONE ONLY] ] Residential Owner-Occupant ] ResidentiaITenant ] Business Owner ] Existing Community Organization I CERTIFY THAT WITHIN THE ADDED AREA BOUNDARIES [Choose One Only] 1. I am a Residential Owner-Occupant because I own and reside in residential property located at the following address: and have attached a copy of my recorded grant deed or property tax bill as evidence. 2. I am a Residential Tenant because I rent a dwelling unit and have occupied the dwelling unit as my permanent residence and usual place of abode for not less than twenty-nine (29) days. I reside at the following address: and have attached an executed rental agreement or rent receipt as evidence. 3. I am a Business Owner, or authorized representative of such Business, or own real property, which is not my residence. The name and address of the business is: and have attached Business license issued by State of California or City, or City Business Tax Certificate. Property owners may also provide proof of ownership of real property, which is not used for primary residency in the Added Area as evidence. 4. I am a member of an Existing Community Organization for either a service club [__], a church group [ ], a neighborhood organization [ ], or other community organization [ ], which conducts its regularly scheduled meetings within and uses an address located within the Added Area, and am eligible to vote as a unit member. I have attached an official letter or resolution from the organization, on their letterhead, authorizing me to represent them. The name, address, and description of this community organization are: The reasons I would like to serve on the Project Area Committee are as follows (include prior experience in community affairs and/or other qualifications to serve on the Project Area Committee, and attach additional sheet, if necessary): I acknowledge that if elected as a PAC member, I will be required to complete a Statement of Economic Interest that discloses certain personal financial information concerning any financial interests I have in the Added Area (and my family and spouse, if applicable). I possess all the necessary qualifications to serve as a representative on the Project Area Committee and will participate in the regular PAC meetings. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct: Date and Place Signature Residence Address Qualifying Address (Address of Residence/Business/Existing Community Organization, whichever is applicable) Mailing Address Daytime Telephone Number Evening Telephone Number To be eligible for Project Area Committee membership, this completed application must be returned to and received by the Office of the City Clerk, 276 Fourth Avenue, Chula Vista, California 91910, no later than Any applications received after those times will be put on file for consideration for future Project Area Committee vacancies.