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HomeMy WebLinkAboutRDA Packet 1999/05/25TUESDAYz, MAY 25, 1999 COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (IMMEDIATELY FOLLOWING THE CITY COUNCIL MEETING) ADJOURNED JOINT MEETING OF THE REDEVELOPMENT AGENCY/CITY COUNCIL OF THE CITY OF CHULA VISTA q,lq"~ (-!-]_ : i,]:l : 1. ROLL CALL Agency/Council Members Davis [21, Moot ~1, Padilla [:21, Salas [~, and Chair/Mayor Horton ~ 2. APPROVAL OF MINUTES: May 11, 1999 (City Council/Redevelopment Agency); May 18, 1999 (City Council/Redevelopment Agency) This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is no___t an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) lf you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. The following items have been advertised and/or posted as public hearings as required by law. lf you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. 3. ~ TO CONSIDER 'rile SALE OF SPACE AT 129 ORANGE TREE MOBILEHOME PARK AGENCY AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO E~L~s~LXL~,J~E~ EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 129 AT ORANGETREE MOBILEHOME PARK--In Novembar 1987, Orange Tree Mobilehome Park converted to resident ownership. The Agency assisted the residents in purchasing their park. At that time, 29 residents did not wish to purchase their space, and the Agency agreed to purchase these spaces. The residents who did not purchase their space remained as renters. The Agency's desire is to sell these spaces as new homebuyers move into the park. The Agency currently owns 13 spaces, having sold 16 spaces. The Agency has received an offer to purchase Space 129 from the current occupant. (Director of Community Development) Staff Recommendation: Agency adopt the resolution. AGENDA -2- MAY 25, 1999 The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a Request to Speak form available in the lobby and submit it to the City Clerk prior to the meeting. 4. REPORT.- STAFF RECOMMENDATIONS FOR THE ELIMINATION OF CERTAIN BOARDS, COMMISSIONS AND COMMITtEES--In 0cto~r 1998~ Council requested staff to look at current functions of the City's Boards and Commissions to determine if any should be consolidated or eliminated as part of an ongoing effort to streamline City operations and increase staff efficiency. Staff presents for Council consideration recommendations that will reduce staff workload, City expenses, space demands on City meeting facilifies, and certain redundancies. These actions will not result in curtailment of essential activities. [City Manager] Staff Recommendation: Council/Agency: 1) Review and comment on staff's recommendations to eliminate the Otay Valley Road Project Area Committee, Youth Commission, and Crime Prevention Commission; and direct staff to bring back specific resolutions and/or ordinances for their discontinuance if appropriate. 2) Establish a dialog to determine whether the following groups continue under the aegis of the City: the Veterans Commission, Child Care Commission, Human Relations Commission and Commission on Aging. 3) Periodically review the roles and functions of the remaining boards and commissions to insure their relevancy. · Il ii: I :l :i :1 i l."! I ,~ I :g-~I- 5. DIRECTOR'S REPORT(S) 6. CHAIR(S) 7. AGENCY MEMBER COMMENTS The meeting will adjourn to a closed session and thence to an Adjourned Redevelopment Agency Meeting on June 8, 1999 at 6:00 p.m. (regular meeting of June 1 has been cancelled), immediately following the City Council meeting, in the City Council Chambers. AGENDA -3- MAY 25t 1999 Unless Agency Counsel, the Executive Director, or the Redevelopment Agency states otherwise at this time, the Agency will discuss and deliberate on the following item(s) of business which are permitted by law to be the subject ora closed session discussion, and which the Agency is advised should be discussed in closed session to best protect the interests of the City. The Agency is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the Office of the Secretary to the Redevelopment Agency and the City Clerk's Office. 8. CONFERENCE WITH REAL PROPERTY NEGOTIATOR --Pursuant to GoYernment Dode Be~ion 54956.8 Property: 340-366 Bay Boulevard (5 parcels totaling 3.65 acres): 567-022-35 340 Bay Boulevard 1.02 acres 567-022-17 350 Bay Boulevard 0.65 acres 567-022-31 360 Bay Boulevard 0.73 acres 567-022-33 364 Bay Boulevard 0.63 acres 567-022-28 368 Bay Boulevard 0.62 acres Negotiating Parties: City/Redevelopment Agency (Chris Salomone); San Diego Unified Port District; B.F. Goodrich Under Negotiations: Purchase/lease terms and conditions MINUTES OF A JO1NT MEETING OF THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA May 11, 1999 6:00 P.M. A joint meeting of the Redevelopment Agency and the City Council of the City of Chula Vista was called to order at 7:50 p.m. (immediately following the City Council meeting) in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton .ABSENT: None .ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Kaheny, City Clerk Bigelow ORAL COMMUNICATIONS There were none. OTHER BUSINESS 2 DIRECTOR'S REPORT(S) There were none CHAIR'S REPORTS. There were none. 4 AGENCY MEMBER COMMENTS There were none CLOSED SESSION Closed Session was cancelled, and the following item was not discussed: 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 5495(0 $ Property: ~,40-_,68 Bay Boulevard (5 parcels totaling _~ 6_ acres): 567-02_-o3 040 Bay' Boulevard 1.02 acres '567-022-17 o. 0 Bay Boulevard 0.65 acres 567-022-31 360 Bay Bot41evard 0.73 acres 567-022-33 364 Bay Boulevard 063 acres 567-022-28 368 Bay Boulevard 0.62 acres Negotiating Parties: City/Redevelopment Agency (Chris Salomone); San Diego Unified Port District; BF. Goodrich Under Negotiations: Purchase/lease terms and conditions ADJOURNMENT At 7:52 p.m., Chair/Mayor Horton adjourned the meeting. Respectfully submitted, Susan Bigelow, CMC/.&AE, City Clerk Page 2- RDA 05/11/99 MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT AGENCY, TIlE CITY COUNCIL AND THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA, CALIFORNIA May 18, I999 6:00 P.M. A joint meeting of the Redevelopment Agency, the City Council, and the Housing Authority of the City of Chula Vista was called to order at 7:32 p.m. (immediately following the City Council meeting) in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council/Authority Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton .ABSENT: None ,ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/Authority/City Atlorney Kaheny, City Clerk Bigelow 2. APPROVAL OF MINUTES ,ACTION: Agency/Council/Authority Member Salas moved to approve the minutes of April 20 April 27 and May 4, 1999, as submitted. Agency/Council/Authority Member Davis seconded the motion, and it carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS ,AND RELATED RESOLUTIONS ,AND ORDI'NANCES 3. PUBL1C HEARING TO CONSIDER THE SALE OF SPACE 129 AT ORANGE TREE MOBILEHOME PARK Staff Recommendation: Continue the item to the meeting of Ma>, 25, 1999. Agency Chair Horton opened the public hearing and asked if anyone wished to speak. There was no response. ACTION: Chair/Mayor Horton moved to continue the hearing to the meeting of May 25, 1999, as recommended by staff Agency/Council/Authority Member Padilla seconded the motion, and it carried 5-0 ACTION ITEMS 4a) HOUSING AUTHORITY RESOLUTION HA-09, AUTHORIZING THE 1SSUANCE, SALE AND DELIVERY OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA MULTI-FAMILY HOUSING MORTGAGE REVENUE BONDS (VILLA SERENA PROJECT), SERIES 1999A~ AND THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ML~LTI-FA¥1LY HOUSING MORTGAGE REVENUE BONDS (VILLA SERENA), SERIES 1999B, IN A COMBINED PRINCIPAL AMOUNT NOT-TO-EXCEED $7,000,000, AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH BONDS AND OTHER RELATED DOCUMENTS, AND APPROVING OTHER RELATED ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS b) COUNCIL RESOLUTION #19468, APPROVING THE FIRST AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT WITH AC.I. SUNBOW, LLC DECLARING CERTAIN AFFORDABLE HOUSING OBLIGATIONS FOR SUNBOW ll SATISFIED SUB3ECT TO CONDITIONS ¢) COLVNCIL RESOLUTION #19469, AUTHORIZING THE EXECUTION AND DELIVERY OF A HOUSING COOPERATION AGREEMENT RELATED TO THE VILLA fiERENA PROJECT d) AGENCY RESOLUTION # 1626, APPROVING A LOAN AGREEMENT AND RELATED RESTRICTED COVENANTS BY AND BETWEEN THE AGENCY AND SERENA SUNrBOW, L.P. AC.1. Sunbow, LLC entered into an Affordable Housing Agreement dated May 13, 1997, committing them to provide Iow income and moderate income affordable housing units within the Sunbow I1 subdivision. A C.1. Sunbow LLC has proposed to satisfy a portion of its obligations under the Affordable Housing Agreement with the development ora 132-unit senior housing apartment project to be known as '~Villa Serena.' The project will be located on the northeast corner of Medical Cenler Drive and Medical Center Court, within the Sunbow 1I subdivision of eastern Chula Vista. On November 10, 1998, the Council conducted a public hearing, and the Housing Authority adopted a Resolution expressing its intent to issue multi-family housing revenue bonds to finance Villa Serena. At this time, the Housing Authority is asked to approve a bond Resolution authorizing the issuance of $7,000.000 in tax exempt bonds for the financing of the project and execution in substantial form and other related documents. An amendment to the Affordable Housing Agreement is also being presented declaring a portion of the affordable housing obligations under this Agreement satisfied upon completion of¢onstruction of 64 Iow income and 6fi Iow and moderate income housing unils within Villa Serena and verification of occupancy of these housing units by qualified households. Page 2 - RDMCC/HA 05/18/99 o2-4 ACTION ITEMS (Continued) On February 16, 1999, the Council adopted Resolution No. 18377, granting a Conditional Use Permit for the project and allowing density bonus and a reduction in development standards pursuant to state law. As a condition of the Conditional Use Permit and the approval of the density bonus granted, the developer is to enter into an agreement with the City. On April 20, 1999, the Agency adopted Res. olution No. 1624, approving financial assistance in the amount of $275,000 for the development of the pro.}ect. As a condition of the Agency's financial assistance, the developer is to enter into a loan agreement with the Agency specifying terms of the financial assistance. The First Amendment, Housing Cooperation Agreement, and the Agency Loan Agreement were then presented for consideration. (Community Development Director) Staffrecommendation: The Council, Housing Authority and Agency adopt the Resolutions. Staffpresented plans and elevations for the Villa Serena senior apartment complex. ACTION: Mayor/Chair Horton offered Housing Authority Resolution No. HA-09, Council Resolutions No. 19468 and 19409, and Agency Resolution No. 1626, headings read, texts waived The motion carried 5-0. OTHER BUSINESS 5. DIKECTOR'S REPORTS There were none. 6. CHAIR'S REPORTS There were none. 7. AGENCY MEMBER COMMENTS There were none. At 7:43 p,m., Chair/Mayor Horton recessed the meeting Io closed session. Page 3 - RDA/CC/HA 05/18/99 CLOSED SESSION 8. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 340-368 Bay Boulevard (5 parcels totaling 3.65 acres): 567-022-35 340 Bay Boulevard 1.02 acres 567-0224 7 350 Bay Boulevard 0.65 acres 567-022-31 360 Bay Boulevard 0.73 acres 567-022-33 364 Bay Boulevard 0.63 acres 567-022-28 368 Bay Boulevard 0.62 acres Negotiating Parties: City/Redevelopment Agency (Chris Salomone): San Diego Unified Port District: B.F. Goodrich Under Negotiations: Purchase/lease terms and conditions No action was taken. ADJOURNMENT At 8:55 p.m., Chair/Mayor Horton adjourned the meeting Respectfully submitted, Susan Bigelow~ CMC/AAE, City Clerk Page 4 - RDAJCC/HA 05/18/99 2-6 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO. MEETING DATE 05/25/99 ITEM TITLE: PUBLIC HEARING: TO CONSIDER THE SALE OF SPACE 129 AT ORANGE TREE MOBILEHOME PARK RESOLUTION /~'Z'~AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 129 AT ORANGE TREE MOBILEHOME PARK SUBMII-rED BY: COMMUNITY DEVELOPMENT DIRE~C,~ ~' REVI~D BY: EXECUTIVEDIRECTO~ }3 ~,~/5~'"VOTE:~" -- ~"'~' YES__ NoX) In November 1987, Orange Tree Mobilehome Park converted to resident ownership. The Agency assisted the residents in purchasing their park with a $600,000 acquisition loan which was converted to loans for lower income residents to help them purchase their spaces. At that time, 29 residents did not wish to purchase their space, and the Agency agreed to purchase these spaces after the newly-formed homeowner's association was unable to secure financing to purchase them. The residents who did not purchase their space remained as renters. The Agency's desire is to sell these spaces as new home buyers move into the park or to sell the space to the current resident. The Agency currently owns 13 spaces, having sold 16 spaces That the Redevelopment Agency conduct a public headng, consider testimony, and adopt a resolution authorizing the Community Development Director to execute a purchase contract and related documents for Space 129 at Orange Tree Mobilehome Park. Not Applicable. On April 2, 1999, the current resident of Space 129 at Orange Tree Mobilehome Park submitted an offer to the Community Development Department to pumhase this space. The value of the property has been appraised at $32,500 and the buyer has offered to purchase the lot for $30,000. Although the buyer's offer is $2,500 less than the appraised value, staff recommends accepting the offer since the Agency desires to sell the spaces, the buyer is the current occupant of the space, and the offer is not significantly Jess than the appraised value. This is a request to authorize the Community Development Director to execute a purchase contract and related documents as approved by the City Attorney's office for the sale of space 129 at Orange Tree Mobilehome Park. Attached as Exhibit 2 is the signed Purchase Contract. PAGE 2, ITEM ~ MEE'rlN'~- DATE 05/25/99 Health and Safety Code 33431 requires a public hearing to consider a sale of agency owned property without public bids. Staff believes that the proposed sale is appropriate even without public bids because the sale is to the current resident for a pdce slightly less than the fair market value of the property, Proceeds of the sale, less the estimated closing costs of $825, will be deposited into the Agency's Low and Moderate Income Housing Set-aside Fund for further use in providing affordable housing programs. 1. Location Map 2. Real Estate Purchase Contract and Receipt for Deposit H:\HOME\COMMDEV~STAFF.REP\05-25-99\Orangetree 129.doc RESOLUTION NO. /~ Z,~ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 129 AT ORANGE TREE MOBILEHOME PARK WHEREAS, the Redevelopment Agency currently owns mobilehome spaces at Orange Tree Mobilehome Park located at 521 Orange Avenue, Chula Vista; and WHEREAS, an offer to purchase space 129 at Orange Tree Mobilehome Park has been received by the Community Development Department from the existing resident for $30,000, $2,500 less than the appraised value of $32,500 for such property; and WHEREAS, Article 11, Section 33431 of the California Community Redevelopment Law requires a public hearing be held for any sale of lease of Agency-owned property without public bids; and WHEREAS, said public hearing has been conducted pursuant to Section 33431 for the sale of space 129 at Orange Tree Mobilehome Park; and WHEREAS, the Redevelopment Agency has found and determined that the sale of space 129 at Orange Tree Mobilehome Park to the existing resident is in the best interest of the Redevelopment Agency and is consistent with its housing goals. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Chula Vista as follows: 1. That based on the facts and findings set forth above, the Redevelopment Agency of the City of Chula Vista does hereby approve the sale of space 129 at Orange Tree Mobilehome Park to Ivan and Clara Toews for the purchase price of $30,000; and 2. That the Redevelopment Agency of the City of Chula Vista does hereby authorize the Community Development Director to execute a purchase contract, in substantially the same form and filed in the Office of the Secretary to the Redevelopment Agency, and escrow instructions each in a final form approved by the Agency Attorney, and with such additional provisions as may be deemed necessary or appropriate thereby; and 3. That the Redevelopment Agency of the City of Chula Vista does hereby authorize the Community Development Director to take such other action as deemed necessary to consummate said sale of space 129 at Orange Tree Mobilehome Park. Pres/~ted by Approved as to form by Chris Salomone Jo~ M. Kaheny / / % - Director of Community Development ~ency Atton A REAL ESTATE PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT This is more than a receipt for money. It is intended to be a legally binding contract. Read it carefully. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT ***Standard Form*** Chula Vista, California ,1999 Ivan and Clara Toews, herein called Buyer, desires to purchase Space 129 at Orange Tree Mobilehome park, 521 Orange Avenue, Chula Vista. Received from Buyer, the sum of five hundred dollars ($500.00) evidenced by: [circle one} Ia] Cash [b] Cashier's Check [el Personal Check. [d] Other payable to the Redevelopment Agency of the City of Chula Vista as deposit on account of purchase of property. Upon acceptance of this offer, Ivan and Clara Toews will deposit into escrow the remaining balance of the purchase price of thirty thousand dollars ($30,000), for the purchase of property situated in Chula Vista, County of San Diego, California, described as follows: SEE ATTACHED LEGAL DESCRIPTION (More commonly known as Space 129 at the Ormagc Tree Mobilehome Park, 521 Orange Avenue, Chula Vista) 1. Buyer will deposit in escrow with Spring Mountain Escrow the balance of $29,500 towards the purchase price of $30,000. 2. Redevelopment Agency of thc City of Chula Vista, herein catlcd Agency, will credit the $500 received as a deposit towards the purchase price of $30,000. 3. Buyer does intend to occupy subject property as his/hcr/thck residence. 4. Buyer and the City of Chula Visla Redevelopment Agency, herein called Agency, shall deliver signed instructions to the escrow holder within seven (7) days from Seller's acceptance, which shall provide for closing within 30 days from Seller's acceptance. Escrow and other fees to be paid as follows: By A~ency: 1. Owner's Title Insurance Policy 2. One-half of Escrow Fee 3. Document Transfer Tax 4. Document Preparation Fee 5. IRS Tax Report 6. One-half of Transfer Fee of Homeowners Assoc~atmn 7. Proration of Property Taxes and Homeowners Association Fee By Buyer: 1. One-half of Escrow and Homeowners Association Fee 2. If the sale is not completed due to fault of the Buyer, Buyer shall be responsible for any escrow and related fees. Real Estate Purchase Contract Page 2 of 3 3. Approval of this sale shall be contingent upon final approval of the Redevelopment Agency of the City of Chula Vista_ 4. Buyer acknowledges having received copy of the Declarations, Covenants, Conditions and Restrictions and all amendments hereto, if any, governing the described property, together with a copy of the By-laws of the Orange Tree Homeowners Association. 5. Buyer and Seller acknowledge receipt of copy of this entire document, which is comprised of three pages. 6. This agreement constitutes the entire agreement. Any amendments to this agreement shall be in writing and shall be signed by both parties. 7. If a lawsuit is filed in connection with this agreement, the prevailing party shall be entitled to be compensated for legal expenses including reasonable attorney's fee. 8. Buyer agrees and acknowledges that they may have made an independent investigation to the extent Buyer deems appropriate, concerning the physical condition (including the existence of hazardous materials), value, development, use, marketability, feasibility and suitability of the subject property, including, but not limited to, land use, zoning and other governmental resections and requirements. Buyer is acquiring the subject property "as is", in its present state and condition solely in reliance upon Buyer's own investigation, and no representations or wan-anties of any kind, express or implied, have been made by the Agency or its representatives, except as expressly set forth in this Agreement. Buyer unconditionally releases Agency f~om and against any and all liability, both known and unknown, present and future, for any and all damages, losses, claims and costs (including without limitation, the existence of hazardous materials), or the subject property's non- suitability for intended use. With respect to this Section, Buyer waives the provisions of California Civil Code Section 1292 which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 8.1.Buyer will accept the subject property, and the mat~ers relating to the subject property listed below, in the present "as is" condition. The matters are: a. Soils, Topography, Etc. Soils and geological condition; topography, area and configuration; archeolog4cal, prehistoric and historic artifacts, remains and relics; endangered species. b. Utilities, Schools, Etc. Availability of utilities, schools, public access, and fire and police protection. ---' c. Assessment Distriets. The status and assessments of any and all assessment districts. d. Planning and Zoning. Applicable planning, zoning, and subdivision statutes, ordinances, and regulatioos. e. Easements and Encroachments. Any easement, license, or encroachment which is not a matter of public record, whether or not visible upon inspection of the subject property; Seller warrants to Buyer that Seller knows of no such easement license or encr,oachment. Real Estate Purchase Contract Page 3 of 3 f. Other Matters. Any other matter relating to the subject property or to the development of the subject property, including, but not limited to, value, feasibility, cost, governmental permissions, marketing and investment rem, except as otherwise expressly provided in this Agreement. 8.2. Real Estate Commissions. Each party warrants to the other that no brokers or finders have been employed or are entitled to a commission or compensation in connection with this transaction. Each party agrees to indemnify, protect, hold harmless and defend the other party from and against any obligation or liability to pay any such commission or compensation arising from the act or agreement of the indemnifying party. Dated: Dated: REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Ivan Toews (Buyer) Clam Toews (Buyer) Chris Salomone Community Development Director (LH) H:~HomeK2ommdev~Stored\OffertoPurchase.doc[04/15/99 (I :43 PM)] Real Estate Purchase Contract Page 3 of 3 f. Other Matters. Any other matter relating to the subject property or to the development of the subject property, including, but not limited to, value, feasibility, cost, governmental permissions, marketing and investment return, except as otherwise expressly provided in this Agreement. 8.2. Real Estate Commissions. Each party warrants to the other that no brokers or finders have been employed or are entitled to a commission or compensation in connection 'with this transaction. Each party agrees to indemnify, protect, hold harmless and defend the other party from and against any obligation or liability to pay any such commission or compensation arising from the act or agreement of the indemnifying party. Dated: Dated: REDEVELOPMENT AGENCY OF THE CITY ~,/..~.~ ~ ~ OF CHULA VISTA Ivan Toews (Buyer) Clara Toews (Buyer) Chris Salomone Community Development Director (LH) H:~Itome\Commdev~StoredXOffertoPurchase.doc[04/15/99 (1:43 PM)] JOINT REDEVELOPMENT AGENCY/CI'TY C~OUNOIL AGENDA STATEMENT ITEM NO. ~/ MEETING DATE 05/S5/99 ITEM TITLE: REPORT: STAFF RECOMMENDATIONS FOR THE ELIMINATION OF CERTAIN CITY~RDS, COMMISSIONS AND COMMITTEES SUBMI'I'rED BY-" CITY MANAGER ' REVIEWED BY: EXECUTIVE DIRECTOR (:4/5'"""' VOTE: YES__ NO X ) In October, 1998, Council requested staff to look into the current functions of the City's Boards and Commissions to determine if any should be consolidated or eliminated as part of the ongoing effort to streamline City operations and increase staff efficiency. Staff has reviewed the roles and functions of City boards, commissions and committees to determine any redundancies, and changes in function and need. As a result, specific recommendations are presented for consideration by the Council for the consolidation or elimination of certain commissions. These actions will not result in curtailment of essential activities. They will reduce staff workload and minor City expense as well as reduce space demands on City meeting facilities. They will also reduce redundancies and consolidate certain activities where they can be most effective. Recommendations are also made for the periodic review of the roles and functions of remaining boards and commissions to maintain their relevancy. It is recommended that the Council review and comment on Staff's recommendations and provide direction concerning further actions. Since the Commissions recommended for elimination were created under different authorities and processes, staff will have to bring back appropriate resolutions and/or ordinances for their discontinuance pursuant to Council's comments and direction. That the Council review and comment on staffs recommendations for elimination of the Otay Valley Road Project Area Committee, Youth Commission, and Crime Prevention Commission, and direct staff to bring back specific resolutions and/or ordinances for the discontinuance if appropriate. It is further recommended that a dialog be established to clarify the role of and determine whether the following groups should continue under the aegis of the City: the Veterans Advisory Commission; Child Care Commission; Human Relations Commission and Commission on Aging. Finally, it is recommended that the Council periodically review the roles and functions of the remaining boards and commissions to insure their relevancy. The recommendations in this report were presented to the affected commissions for review and comment. The comments and concerns expressed by Commissioners have been incorporated into this report which has been mailed out in draft form with their April agendas, Commissioners have been invited to provide any additional comments to staff and to attend the Council meeting to present their issues and concerns, PAGE 2, ITEM MEETING DATE 05/25/99 Minutes of the March meetings of the Child Care, Commission on Aging and Veterans Commission have been included with this report (appendices A, B and C). The Human Relations Commission did not have a quorum for their March meeting and the Otay Valley Road Project Area Committee did not meet. The Youth Commission will be advised of staffs recommendations at their April meeting. Any additional information received in advance of the Council meeting will be forwarded to the Council. Excluding the City Council, there are currently twenty- seven boards, commissions and committees which are staffed and funded by the City. Four of these are established in the City Charter. These are the Planning Commission, Board of Library Trustees, Civil Service Commission, and Parks and Recreation Commission. None of these are proposed for consolidation or elimination. The remainder of the boards, commissions and committees were created by ordinance or resolution by the City Council or Redevelopment Agency. A complete list appears in attachment A. Maintaining these committees requires City staff time and expense. This includes calling and staffing meetings, taking and transcribing minutes, preparing and providing reports, providing materials and supplies, mailouts, and providing space for meetings (usually in City conference rooms or Council Chambers). These activities are time consuming and reduce the availability of meeting space for other City business. Many Board and Commissions have important roles in the functioning of local government. However, as times and priorities change, the roles and functions of some groups becomes redundant and, in some cases, superfluous. When this happens, they become a drain on limited staff time and City resources. Furthermore, boards and commissions that do not regularly communicate with the Council tend to lose sight of their objectives and, consequently, their activities languish. Staff has reviewed the roles and functions of all twenty- seven boards, commissions and committees and has developed specific recommendations for the redefinition or elimination of six commissions and one committee. Since these bodies were established under different authorities by both the City Council and Redevelopment Agency, it is recommended that the Council/Agency review staffs recommendations, determine which recommendations to pursue and direct staff to come back with appropriate resolutions or ordinances, where appropriate. SPECIFIC RECOMMENDATIONS FOR CONSOLIDATIONS OR ELIMINATION 1. Otay Valley Road Project Area Committee (Redevelopment Agency) This Project Area Committee (PAC) was established by the Redevelopment Agency by minute action in August 1984. Although a PAC was not strictly required by Community Redevelopment Law at that time (nor at this time), concern over the formation of the Otay Valley Road Redevelopment Project Area, proximity of the Otay Landfill and proposed industrial development to residential areas resulted in protests from the nearby residential communities and the formation of the PAC as an intermediary group to develop standards for new development, review plans and policies and advise the Redevelopment Agency. The PAC was originally composed of five members representing business owners, tenants, property owners from the project area and residents from neighborhoods abutting the project area. The Committee is staffed by the Community Development Department. Staff work includes the provision of materials, reports agenda statements, calling and staffing meetings, preparing minutes and recommendations to the Redevelopment Agency. The PAC is a recommending body to the Redevelopment Agency. As such, they participated in the preparation of guidelines for development within the project area, reviewed and made recommendations concerning land use conformance on all development proposals, and Special Land Use Permits when appropriate. In performing the latter activity, the PAC actually replaces a normal Planning Commission function (Conditional Use Permits), but only for PAGE 3~ ITEM MEL='rlNG DATE 05/25/99 development within the project area, Staff has been considering a recommendation to reinstate this function with the Planning Commission for all redevelopment project areas for consistency and efficiency, Design review of projects in the redevelopment areas has always been processed through the Design Review Committee, With expiration of the terms of the original members and resolution of many of the early concerns, it has been increasingly more difficult to fill all vacancies and maintain quorums. Since January 1998, there have been 26 regularly schedules meetings of which 15 have been cancelled (for lack of business) and six others did not have a quorum. Additionally, conflict of interest issues have restricted members who own property or businesses in the project area from discussing or voting on projects which may impact them financially. With the completion of Otay Valley Road, initiation of the Auto Park and completion of over 600,000 square feet of new industrial space, the project area is almost all built out. Although the committee continues to review development proposals as they come in, project activities have slowed considerably. Consequently, the meetings have been reduced from twice a month to once a month (or less), and are generally limited to discussing the current status of several ongoing projects and exchange of information. This function can be equally served through quarterly forums hosted by City staff to review progress, plans and exchange information with property and business owners from the area as well as nearby residents. It is therefore recommended that this committee be disbanded as a PAC and the exchange of information continued informally on an "as needed" basis. The PAC, at their April meeting, concurred with staff's recommendation as long as a community forum is held at least once every two months (see minutes). Recommendation: Disband the PAC and schedule forums with nearby residents, business and land owners from the project area as may be required to discuss projects and priorities and exchange information. The Committee has not met to formally to discuss this recommendation due to lack of a quorum. However, recommendations have been sent out to all of the members. 2. Veterans Advisory Commission The Veterans Advisory Commission was established by City Ordinance in June 1994. The Commission is composed of seven voting members and two staff ex-officio members. The function of the Commission is primarily to advise the City Council on matters relating to veterans including entitlement programs, legislation, services, military affairs and patriotism. The Commission is staffed by the Police Department. Over the past five years, the Commission has been primarily focused on the establishment of the Veterans Home in Chula Vista which is now under construction and expected to be completed next year. The Commission is currently focused on completion of the Home, establishment of a non-proffi entity to raise funds for the new facility and various ceremonial issues recognizing veterans in the community. They have maintained their membership and meeting schedule over the years, but have recently lost two knowledgeable members. With assistance from City staff, the Commission is currently in the process of applying for non-profit status from the State and Federal Governments in order to solicit and receive gifts for the new Veterans Home. Once this process is completed, a Board of Directors (including the Mayor) will be chosen to direct the activities of the new entity which will, most likely, receive assistance from the new Veteran's Home staff (although no details have been discussed as yet). This will, in effect, create a new body dealing with veterans affairs in the community. Although this will not be a City Board, it will involve members of the City Council and, consequently, City staff. Veterans Commission Members point out that the roles and functions of the two groups are different. The focus of the Commission is to represent a wide variety of veterans issues to the City Council while the new group will be focused on raising funds and volunteer help for the new Veterans Home. PAGE 4, ITEM MEETING DATE 05/25/99 For expediency and efficiency, it may be possible and desirable to combine the two groups to be headquadered and provided with staff assistance in the new facility. Although the original intention of the two groups may be different, there is the possibility of combining them at this time since details of how the non-profit will function and be staffed have yet to be worked out. The County of San Diego also has a Veterans Commission that focuses on similar issues including representation, referral, legislative analysis, etc.. There has been frequent liaison between the two committees primarily through the efforts of Bill Ayers who serves on the County Commission. The primary division between the two groups appears to be geographic focus rather than function. There may be possibilities for consolidation of both commissions. The City's Commissioners point out that the veteran community in Chula Vista is large and growing. This is also true of the County. Most veteran activities are not directly related to the City functions. Being an independent body does not preclude the Commission from advising or making recommendations to the City Council or staff. It is therefore recommended that once the new Veterans Home is completed and the Commission has achieved tax exempt status, this organization continue as an independent body headquartered and staffed in the new facility. Since the facility will not be completed and staffed until the summer of 2000, it would be appropriate to address this request with the State at this time pursuant to City Council direction. It is further recommended that the new group be formally linked to and coordinated with the County Veterans Commission to avoid duplication of effort. This is currently accomplished on an ad hoc basis through Bill Ayers. However, Mr. Ayers is not a member of, nor has formal reporting responsibilities to the City's Commission. Recommendation: That the City Council direct staff to investigate the consolidation of the Veterans Commission with the new non-profit organization being formed to support the Veterans Home, and relocation of this group to the new facility. 3. Youth Commission The Youth Commission was originally established in May, 1971 by City Ordinance. The Commission is presently composed of nine appointed members and up to three ex-officio members. Members are primarily students under the age of eighteen (at the time of appointment) and residents of the City. The Commission meets monthly and is staffed by the Police Department with assistance from Recreation Division staff. Its functions include the establishment of a direct communications link between the City Council and the youth of Chula Vista on matters concerning youth of the community and to make recommendations to the City Council and other boards and commission on relevant issues. The Commission's activities had been languishing in recent years. The City Council revamped the Commission last year in an effort to improve participation and increase its effectiveness. Police Department staff were directed to report back to the Council at the end of the current school year as to whether the changes improved the efficacy of the Commission. However, with the school year half over, it does not appear that the Commission has improved. The major problems seem to be the lack of relevant projects to work on and, consequently, the lack of interest and regular participation on the part of the students. In addition, almost all of the current student participants are seniors and will not be returning next year which will necessitate the recruitment of an entirely new group. The importance of open communication between the City Council, boards and commissions and the youth of the community is indisputable. The issues are how and where to best accomplish this. Student organizations already exist in the schools which provide leadership, membership, issues and support. These organizations include student government, clubs and committees. The Youth Coalition also holds a bi-annual youth forum. To a large extent, the City's effods to provide a new "layer~ of student organization are redundant to those which already exist in the schools and competitive in terms of seeking student support and participation. It may be more effective for City staff to provide liaison to existing organizations on an as needed basis. This may prove to be a more effective use of staff time and support. PAGE S. ITEM MEETING DATE 05/25/99 Recommendation: It is recommended that the Council abolish the Youth Commission as of the end of the current school year and focus, instead, on providing communication with youth through existing student organizations, the Youth Coalition, and PAL. As of the writing of this report, the Youth Commission has been unable to formally meet to discuss this recommendation due to lack of a quorum. 4. Child Cam Commission This Commission was established by ordinance in 1990. The Commission is comprised of seven member and two ex- officio members, and works in conjunction with Library and Recreation staff to reseamh, analyze and discuss issues related to child care, mobilize agencies and resoumes to promote and provide affordable child care in the community. The Commission has been proactive in identifying child care issues in the community. The interests of the Chula Vista Coordinating Council, a private organization suppoded by Federal grants, the City of Chula Vista and school districts, also involve child care issues. The Coordinating Council has been extremely proactive in establishing Iow cost child care centers, usually at existing school facilities, to assist former welfare recipients returning to work in conjunction with the Welfare Reform Act, and in the formation of a "Six - to - Six" Task Fome which meets from time to time to discuss child care issues. This group is staffed and supported by professionals including City and school district staff, representatives from non-profits, hospitals and County agencies as well as parents/beneficiaries of the services. City staff have asked the Child Care Commission to examine opportunities to collaborate on child care issues with other organizations, such as the Coordinating Council, including the possibility of consolidating efforts, in discussing these options with the Child Care Commission at their March 3, 1999 meeting, the Commission clarified the importance of their role as an intermediary for child care providem to present their issues and needs rather than going directly to the City Council. A suggestion was made to invite members of the Coordinating Council and other relevant organizations to subsequent meetings of the Commission to discuss activities and how they might interface. The Child Care Commission, like all City commissions, is made up of energetic, caring members. What staff is proposing is that the Commission and organizations such as the Coordinating Council work together to examine how child care issues can be most efficiently and effectively handled, to the benefit of the overall community. If staffs recommendation simply resulted in current Commission members leaving the battlefield to improve citywide child care, then everyone would lose. If, however, there are ways to retain that participation, dedication and energy in a more efficient and effective structure, then everyone will gain. On April 6th members of the Child Care Commission and the head of the Coordinating Council exchanged some initial thoughts. Staff hopes that this is the beginning of a dynamic process that will seriously look for "win-win" opportunities to combine the efforts of the two groups. (The minutes from the April 6th meeting are attached.) Recommendation: That the Child Care Commission meet with other child care and related organizations operating in the City and provide a report (or presentation) to the Council by January 1, 2000 which clarifies their role and opportunities to collaborate. 5. Human Relations Commission Established in 1968 by Ordinance, the Commission is composed of seven members who advise and recommend to the City Council on matters pertaining to the protection and strengthening of the dghts of various racial, social and religious groups in order to insure that all citizens of Chula Vista realize full employment and constitutional privileges. The Commission is supported by the Police Department with secretarial support from Human Resources. The Commission has had difficulty fielding a quorum for the past few months, with only one member showing up for the March meeting. PAGE 6~ ITEM MEETING DATE 05/25/99 Although the charge of the Commission is of the highest order, the Commission is neither comprised nor staffed by professionals in the social services field, nor meaningfully funded. On the other hand, the Human Services Council which functions within, but not under the aegis of the City, includes professionals from ail relevant service agencies and the City staff, meets on a regular basis, and is funded through grants from the Vista Hill Foundations to not only identify, but implement programs in the City. The work of this group appears better directed, staffed and funded than the City and the Human Relations Commission. it would appear to be in the City's best interest to concentrate support for the Human Services Council. This was discussed by members of the Human Services Council in April who advised City staff that they would welcome additional support from the City, but they did not feel it would be appropriate to consolidate the Human Services Commission into the Council. The Council would, however, be receptive to additional City representation. Recommendation: That the Human Relations Commission provide a report (or presentation) to the Council by January 1, 2000 which clarifies their role. 6. Commission on Aging The Commission was established in 1982 by City Ordinance. The Commission, comprised of seven members, works with Library and Recreation Staff towards making recommendations to the City Council on matters affecting older residents in the City. This is the third social service group staffed by Library and Recreation. The Commission has completed a strategic plan (based on the SANDAG plan) to address City programs and the needs of elders in the community. Since completion of the plan, the Commission has had difficulty in establishing its role and identifying activities. It appears that both the goals of the Commission of Aging as well as the City would best be served by consolidating the City's support in existing independent social service organizations that are well funded, professionally staffed and already active in the community. In discussing this issue at their March 10, 1999 meeting, the Commissioners indicated their strong and unanimous feelings that the Commission had an important role in a community where 17% of the population is 55 years of age or over. Their primarily function is to act as an advocate on senior citizens issues before the City Council. The availability of City funding and assistance from professional staff are not crucial concerns in performing this function. They further pointed out that they were well along in the process of establishing an agenda of activities which includes going out into the senior community and holding forums to discuss issues and concerns. The Commissioners also discussed the possibilities of combining with other social service groups and/or becoming independent from the City. The general feeling was that the Commission's focus is purposefully narrow (as it should be), and that combining activities with another group would diminish its potential effectiveness. The Commission did indicate that becoming independent of the City might offer certain advantages, particularly in their ability to schedule meetings in different locations throughout the City and raise money for different activities. They appeared interest in fudher discussing these topics at future meetings. Recommendation: That the Commission on Aging be requested to prepare a report (or presentation) to the City Council describing their role, functions, and their intentions of remaining under the aegis of the City or becoming independent. 7. Crime Prevention Commission The Chief of Police was given the authority to form the Commission on an as needed basis with members having expertise relevant to the issues at hand. However, there is no record of the Commission ever being convened, nor has their been the need. Furthermore, the Chief of Police can consult and/or martial any assistance needed on an ad hoc basis without the need to form and staff a Commission on an ongoing basis. It is therefore recommended that the authority to establish such a Commission be rescinded. PAGE 7. ITEM MEETING DATE 05/25/99 Recommendation: That staff provide the Council with an appropriate resolution to rescind the authority to form the Crime Prevention Commission. Although some of these recommendations will not be popular with impacted Commissioners, it is in the best interests of the City to reduce duplication and redundancy and concentrate available funding and staff suppod in viable organizations which can achieve the greatest results. In addition, it is recommended that the Council consider a policy to review the activities and functions of major boards and commissions on a regular basis, but not less than once every two years to insure that the activities undertaken by the Board or Commission continue to be pertinent and fall within the policies and expectations of the City Council: · That the activities undertaken by the Board or Commission continue to be pertinent and fall within the policies and expectations of the City Council; · That the boards and commissions actively collaborate with community groups with similar mandates; and · That the City Council is providing satisfactory direction concerning functions and expectations, sharing relevant information and requesting input when appropriate, and considering and responding to recommendations that the Board or commission sends forward. In this manner, Boards and Commissions will be held responsible for determining, defining and undedaking relevant activities and reporting to the City Council. Hopefully, this will keep boards and commissions "on track" in terms of City goals and priorities. If they are no longer providing relevant services to the Community, it is appropriate for the Council to disband the group and concentrate City resources on those committees which are most pertinent. By implementing the recommendations above, the following staff hours and supply savings will be achieved. The value of City staff time is not included in the totals. t~l~li.·~,q[a__ u __-_ ::~[I]. 1. Otay Valley Road 3- 4 1 $100 2. Veterans Advisory 4- 5 4 - 5 3, Youth 3-4 1-2 4. Child Care 4- 5 1 - 2 $958 5. Human Relations 3- 4 1 - 2 6. Aging 2-3 1 -2 $200 7. Crime Prevention N/A N/A N/A TOTAL 19 - 25 9 - 13 *Funding includes funds budgeted and/or spent for postage, notifications, supplies and entertainment. It does not include staff expense. Although it is difficult to estimate the exact number of staff hours required by the committees listed above, it is clear from the range of hours per month reported that a substantial and costly effort is being made. This effort may not be the most cost effective use of valuable staff time in terms of the City's current priorities and needs. H:\HOME\COMMDEV~STAFF.REP\05-04-99\cancommittee-1 .doc