HomeMy WebLinkAboutRDA Packet 2003/06/17 Notice is hereby given that the Chairman of the Housing Authority has called and will convene a special
joint meeting of the Housing Authority/City Council/Rddevelopment Agency, Tuesday, June 17, 2003, at
6:00 p.m., immediately following the City Council meeting in the Council Chambers, located in the Public
Services Building, 276 Fourth Avenue, Chula Vista, California to consider, deliberate and act upon the
following:
Steph i~ '
CI1Y OF
TUESDAY, JUNE 17, 2003 CHULA VISTAs, COUNCIL CHAMBERS
6:00 P.M. PUBLIC SERVICES BUILDING
(immediately following the City Council meeting)
JOINT SPECIAL MEETING OF THE
CITY COUNCIL/REDEVELOPMENT AGENCY/AND
HOUSING AUTHORITY
CALL TO ORDER
ROLL CALL
· Agency/Council/Authority Members Davis, McCann, Rindone, Salas; Chair/Mayor Padilla
CONSENT CALENDAR
The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted by the
Agency/Council by one motion without discussion unless an Agency/Council member, a member of the public or City
staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City
Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action items. Items pulled
by the public will be the first items of business.
1. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING
THE MITIGATED NEGATIVE DECLARATION IS-03-016 AND PRECISE PLAN PCM-
03-15 FOR THE MIXED-USE PROJECT KNOWN AS BROADWAY URBAN VILLAGE
CONSISTING OF 40 LANE HOMES AND NINE LOFT APARTMENTS ABOVE 9,000
SQUARE FEET OF COMMERCIAL SPACE
STAFF RECOMMENDATION: Council place the ordinance on second reading for
adoption.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE CITY OF CHULA VISTA
FOR FISCAL YEAR 2003-04 - Article XIIIB of the California Constitution approved
by the voters in 1979 and commonly referred to as the Gann Initiative, requires each
local government to estaDlish an Appropriations Limit by resolution each year at a
regularly scheduled meeting or noticed special meeting. The purpose of the limit is to
restrict spending of certain types of revenues to a level predicated on a base year
amount increased annually by an inflation factor. [Finance Director/Treasurer
Kachadoorian]
STAFF RECOMMENDATION: Council adopt the resolution.
3. JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA GRANTING REIMBURSEMENT IN THE AMOUNT OF
$18,797 TO THE METROPOLITAN AREA ADVISORY COMMITTEE TO COVER THE
COST OF ON-STREET IMPROVEMENTS INSTALLED AS PART OF THE
REHABILITATION AND REUSE OF THE BUILDING AT 1351-1395 THIRD AVENUE
WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA AND
APPROPRIATING $18,797 FROM THE UN-APPROPRIATED BALANCE OF THE
MERGED PROJECT FUND FOR THIS PURPOSE - In October 2001, the
Metropolitan Area Advisory Committee (MAAC) entered into an Owner
Participation Agreement with the Agency for the rehabilitation and re-use of the
commercial building located at 1351-1395 Third Avenue. MAAC has completed
the improvements and is requesting financial assistance from the Agency for a
portion of the cost of the improvements. [Community Development Director]
4/5ths Vote Required
STAFF RECOMMENDATION: Council/Agency adopt the resolution.
PUBLIC HEARING
The following item(s) have been advertised and/or posted as public hearings as required by law. If 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.
4. CONSIDERATION AND ADOPTION OF THE OPERATING AND CAPITAL
IMPROVEMENT BUDGETS FOR THE CITY, AND THE OPERATING BUDGETS FOR
THE REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY FOR THE
FISCAL YEAR ENDING JUNE 30, 2004 AND 2005 - The City Council has received
and considered the City Manager's proposed operating and capital improvement
budgets for the City and the operating budgets for the Redevelopmen.t Agency and
Housing Authority for the fiscal year ending June 30, 2004 and 2005. Three work
sessions were held to consider and deliberate on the recommendations contained in
those initial documents as well as additions and deletions identified after the
proposed budget document was printed. The budgets submitted for adoption
represent the City Manager's initial Spending Plan as amended in accordance with
tentative Council direction received during the budget work sessions. [Assistant City
Manager Fruchter; Director of Finance Kachadoorian]
4. a. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING
THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF
CHULA VISTA FOR FISCAL YEAR 2004 AND APPROPRIATING FUNDS
THEREFORE, AND APPROVING IN CONCEPT THE PROPOSED BUDGETS FOR
FISCAL YEAR 2005
Redevelopment Agency, June 17, 2003 Page 2
4. b. JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND THE HOUSING
AUTHORITY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING
BUDGETS FOR THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY FOR
FISCAL YEAR 2004 AND APPROPRIATING FUNDS THEREFORE, AND APPROVING
IN CONCEPT THE PROPOSED BUDGETS FOR FISCAL YEAR 2005
STAFF RECOMMENDATION: 1) City Council/Redevelopment Agency/Housing
Authority open the public hearing and receive testimony; 2) City Council adopt the
resolution (Item 4.a.); and 3) Redevelopment Agency/Housing Authority adoption
the resolution (Item 4.b.)
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1)
ACCEPTING A PRELIMINARY REPORT ON ALTERNATIVES TO MEET THE
EASTLAKE COMPANY'S AFFORDABLE HOUSING OBLIGATION FOR EASTLAKE
II/111; (2) APPROVING DEVELOPER REQUEST TO WITHDRAW APPLICATION FOR
MULTIFAMILY REVENUE BONDS FROM THE CALIFORNIA DEBT LIMIT
ALLOCATION COMMITTEE (CDLAC), PRIOR TO JUNE 25, 2003; (3) DIRECTING
STAFF TO WORK WITH DEVELOPER AND EASTLAKE COMMUNITY, AND RETURN
TO COUNCIL WITHIN 120 DAYS WITH A FINAL RECOMMENDATION; AND (4)
DIRECTING CITY ATTORNEY TO RETURN TO COUNCIL ON JULY 15 WITH AN
AGREEMENT TO ADDRESS EASTLAKE'S AFFORDABLE HOUSING OBLIGATION
WITH RESPECT TO THIS ALTERNATIVE - On April 8, 2003, a joint meeting of the
City of Chula Vista City Council, Redevelopment Agency, and Housing Authority
was convened to consider a 150 unit affordable housing complex, known as
"Rancho Vista Apartments at Eastlake" within the Eastlake master planned
community. The project was proposed to meet The Eastlake Company's 183-unit
affordable housing obligation for the Trails, Woods, Vistas and "Land Swap" Parcels
(11/111). It is located on a vacant 8.25 acre (gross) site located on the east side of
future Eastlake Parkway, approximately 3,000 feet south of Clubhouse Drive in the
City of Chula Vista. This project would be developed, owned and operated by CIC
Eastlake, L.P., a partnership between Pacific Southwest Community Development
Corporation and Chelsea Investment Corporation (CIC). [Community Development
Director]
STAFF RECOMMENDATION: Council adopt the resolution.
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the Council/Agency/Housing Authority on any subject matter
within the Council/Agency/Authority's jurisdiction that is no~t an item on this agenda. (State law, however, generally
prohibits the Council/Agency/Housing Authority from taking action on any issues not included on the posted agenda.)
If you wish to address the Council/Agency/Authority on such a subject, please complete the "Request to Speak Under
Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish
to speak, please give your name and address for record purposes and follow up action.
6. DIRECTOR'S REPORT(S)
7. CHAIR/MAYOR REPORT(S)
8. AGENCY/COUNCIL COMMENTS
Redevelopment Agency, June 17, 2003 Page 3
ADJOURNMENT
The meeting will adjourn to a closed session and thence to an adjourned meeting of the
Redevelopment Agency on July 8, 2003, at 6:00 p.m., immediately following the City
Council meeting in the City Council Chambers.
CLOSED SESSION
Unless Agency Counsel, the Executive Director, or the Redevelopment Agency/City Council states otherwise at this
time, the Agency/Council will discuss and deliberate on the following item(s) of business which are permitted by law to
be the subject of a closed session discussion, and which the Agency/Council is advised should be discussed in closed
session to best protect the interests of the City. The Agency/Council 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/Council's return from closed session, reports of final action taken, and adjournment will not be videotaped.
Nevertheless, announcements of actions taken in Closed Session shall be made by Noon on Wednesday following the
meeting at the City Clerk's office in accordance with the Ralph Brown Act (Govt. Code ~ 54957.7)
9. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION --
Pursuant to Government Code Section §4956.9(c)
One Case
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require
special accommodates to access, attend, and/or participate in a City meeting, activity, or service request such
accommodation at least 48 hours in advance for meetings and five days for scheduled services and activities. Please
contact the Secretary to the Redevelopment Agency for specific information at (619) 691-5047 or Telecommunications
Devices for the Deaf (TDD) at (619) 585-5647. California Relay Service is also available for the hearing impaired.
Redevelopment Agency, June 17, 2003 Page 4
ORDINANCE NO. ~:~, q
ORDINANCE OF THE CITY COUNCIL OF THE CIT~)~
CHULA VISTA APPROVING MITIGATED.A"~FI~A"TIVE
DECLARATION IS-03-016 AND PRECIS_t~'~M-03-15
FOR THE MIXED-USE PROJECT ~'}kg BROADWAY
URBAN VILLAGE CONSISTING OF°~r0 LANE HOMES AND
NINE LOFT APARTMENTS ABOVE 9,000 SQUARE FEET OF
RETAIL/COMMERCIAL SPACE.
I. RECITALS
A. Project Site
WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically
represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of
general description herein consist of 40 lane homes and nine loft apartments above 9,000 square
feet of retail/commercial space known as Broadway Urban Village, and located at 760 Broadway
("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on November 13, 2002, Carter Reese Associates and Bitterlin Development
Corporation ("Developers") filed a Precise Plan application with the Planning and Building
Department of the City of Chula Vista for a mixed-use project in the Central Commercial zoning
district ("Project"); and
C. Prior Discretionary Approvals
WHEREAS, the Design Review Committee meeting was scheduled and advertised for April 21,
2003, at 4:30 p.m. in the Council Chambers, 276 Fourth Avenue at which time the Design
Review Committee voted 3-0 recommending that the Redevelopment Agency adopt the
Mitigated Negative Declaration (IS-03-016) and approve the Precise Plan project based on the
findings and subject to the conditions listed below, in accordance with Planning Commission
Resolution (PCM-03-15); and
WHEREAS, the Planning Commission held an advertised public hearing on the Project on May
14, 2003, and, after considering all reports, evidence and testimony presented, voted 3-2-0-2 on a
motion recommending that the City Council adopt the ordinance approving the Project, in
accordance with the Development regulations shown in Exhibit "B" based on the fmdings listed
below; and,
WHEREAS, four votes are required for the Planning Commission to take an official action; and
WHEREAS, the Planning Commission did not forward an official recommendation to the
Council; and
D. Planning Commission Record on Applications
Ordinance
Page 2
WHEREAS, a duly called and noticed public hearing on the Project was held before the City
Council of the City of Chula Vista on the Project and to receive the recommendations of the
Planning Commission, and to hear public testimony with regard to the same; and,
WHEREAS, the Planning Department set the time and place for a heating on said Project, and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City, and its mailing to property owners within 500 ft. of the exterior
boundary of the project, at least ten (10) days prior to the heating; and,
WHEREAS, The proceedings and ail evidence introduced before the Planning Commission at
the public heating on this project held on May 14, 2003, and the minutes and resolution resulting
there from, are hereby incorporated into the record of this proceedings; and,
E. City Council Record on Applications
WHEREAS, the City Clerk set the time and place for the heating on the Project applications and
notices of said hearings, together with its purposes given by its publication in a newspaper of
general circulation in the city, and its mailing to property owners within 500 ft. of the exterior
boundaries of the Project site at least ten days prior to the hearing.
II The City Council of the City Chula Vista does hereby find, determine and ordain as
follows:
SECTION 1: CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby fmd that the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program (IS-03-016) has been prepared in accordance with the
requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines
and the Environmental Review Procedures of the City Of Chula Vista, and hereby adopts the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-03-016).
SECTION 2: INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council does hereby find that in the exercise of their independent review and judgment,
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-03-
016) in the form presented has been prepared in accordance with requirements of the California
Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista
and hereby adopt same.
SECTION 3: PRECISE PLAN FINDINGS
The City Council does hereby find:
Ordinance
Page 3
1. That such use will not under the circumstances of the particular case be detrimental to the
health, safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
The project has been evaluated in accordance with the goals and objectives of Chapter 10
Section 5.9 of the General Plan, which encourages mixed-used development along
Broadway. The mixed-use project will introduce new retail uses, rental units and market
rate for sale dwelling units that will provide an opportunity for homeownership in the
area. This will benefit the surrounding area economically, socially and aesthetically.
2. That such plan satisfies the principle for application of the P modifying district as set
forth in CVMC 19.56.041.
Chula Vista Municipal Code 19.56.041(b) provides for application of the Precise Plan
modifying district when the property is adjacent and contiguous to a zone allowing
different land uses. The application of the Precise Plan here will allow the property to
co-exist between land usages which might otherwise prove incompatible. In this case,
the development standards limit the Developer's potential to maximize the use of the site
with the project which has been designed with a high density residential concept and zero
lot line for the retail uses. Thus, application of the P modifying district will bridge the
uses between the surrounding retail/commercial and residential.
The site is zoned Central Commercial with a Precise Plan modifier (C-C-P) and is subject
to the development standards of the C-C and R-3 zone because the project is a mixed-use
retail/commercial and residential development. These deviations are warranted given the
constraints to the site and the intent to develop the site with a functional use to meet the
policies of the General Plan.
3. That any exceptions granted which may deviate from the underlying zoning requirements
shall be warranted only when necessary to meet the purpose and application of the
Precise Plan.
Development of the lot using the development standards of the C-C and R-3 zone would
limit the potential to maximize the use of the site with a mixed-use project. As a result,
the project has been designed with a high density residential concept and zero lot line for
the retail uses with building encroachments into the required setbacks, a reduction in the
.required common open space square footage for some residential units and the reduction
~n number of on-site parking spaces. These deviations are warranted given the
constraints to the site and the intent to maximize the use of the property to meet other
policies of the General Plan. The parking reduction is mitigated by the availability of on-
street parking convenient to the retail uses proposed.
4. The approval of this plan will conform to the General Plan and the adopted policies of the
City Of Chula Vista.
Ordinance
Page 4
The project has been evaluated in accordance with the goals and objectives the Southwest
Redevelopment Project Area and Chapter 10 Section 5.9 of the General Plan relative to
mixed-use development along Broadway. The Precise Plan as described, will allow the
project to be consistent with the goals and objectiv6s of the Southwest Redevelopment
Plan, General Plan and the Chula Vista Municipal Code.
C. TERMS OF GRANT OF PRECISE PLAN
The City Council hereby grants Precise Plan PCM-03-15 for project depiction in Exhibit
"A", and controlled by the Development Regulations in Exhibit "B", and subject to the
following conditions:
Planning and Building Department
1. The Developer shall install temporary erosion control devices including desilting
basins, berms, hay bales, silt fences, dikes and shoring during construction activities.
2. The Developer shall implement to the satisfaction of the Director of Planning and
Building and the City Engineer all mitigation measures identified in the 760
Broadway Village-Mitigated Negative Declaration (IS-03-016) and Mitigation
Monitoring and Reporting Program.
3. The Developer shall submit the design and colors for all buildings prior to the
issuance of any building permits to the Planning and Building Department for review
and approval.
4. The Developer shall comply with all requirements of the Building Division including
the following codes for 2001:
California Building Code
· California Plumbing Code
California Mechanical Code
· California Electrical Code
· Energy Code
· Handicap Accessibility Code
5. The Developer shall submit a concept landscape plan for review and approval by the
City's Landscape Planner to include the following to satisfy the City requirements:
A. Plant 15-gallon Woody shrubs.
B. 24-inch boxed sized street, accent and patio trees.
C. Tree grates shall meet or exceed City requirements.
D. Any proposed street tree and planting design shall meet Public Works
operations standards.
Ordinance
Page 5
E. Move the internal sidewalk towards the parking lot curb edge to provide large
usable planter areas.
F. Provide additional landscape treatment to the building elevation that faces
Broadway.
G. Incorporate trellises or other architectural elements to storefronts.
H. Provide details of the storefront areas to indicate potential locations for street
furniture or sidewalk seating areas. Note: Any proposals that extend into the
City right-of-way will also require an encroachment permit from the City
Engineer.
I. Add canopy trees along the storefronts.
J. Bring the architectural paving shown inside the complex through the
passageways out into the Broadway elevation paving.
K. Provide a Water Management Plan per requirements of the City Landscape
Manual during building permit submittal.
6. The Developer shall apply for an~l obtain approval of a planned sign program from
the Director of Planning and Building prior to the issuance of any grading or building
permits.
7. The Developer shall establish Covenants, Conditions & Restrictions (CC&Rs) and a
Home Owners Association for the residential uses on the properties.
8. The Developer shall pay all applicable fees including PAD fees as required by
Municipal Code Chapter 17.10.
9. Prior to leasing any retail space, the Developer shall submit written restrictions for
hours of operation for the tenants of the retail/commercial uses to the Director of
Planning for review and approval. The hours of operation shall be such that there is
no conflict with the residential units.
Engineering Department
10. The Developer shall submit improvement plans prepared by a registered Civil
Engineer and obtain a development permit to perform any work in the City's right of
-way or public utility easements.
11. The Developer shall submit a detailed grading plan in accordance with the Chula
Vista Grading Ordinance to the satisfaction of the City Engineer.
12. The Developer shall ensure that the development of the Project complies with all
applicable regulations established by the United States Environmental Protection
Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System
(NPDES) permit requirements for urban runoff and storm water discharge, and any
regulations adopted by the City of Chula Vista pursuant to the NPDES regulations
and requirements. The Applicant shall file a Notice of Intent (NOI) with the State
Water Resources Control Board to obtain coverage under the NPDES General Permit
of Storm Water Discharges Associated with Construction Activity and shall
Ordinance
Page 6
implement a Storm Water Pollution Prevention (SWPPP) concurrent with the
commencement of grading activities. The SWPPP shall include both construction
and post-construction pollution prevention and pollution control measures, and shall
identify funding mechanisms for post-construction control measures.
13. The Developer shall ensure that the development complies with the NPDES
Municipal Permit Order No. 2002-01 requirements and apply Standard Urban Storm
Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. Adequate provisions
shall be made in the planning and design stages of the project to facilitate compliance
with such requirements.
14. The Developer shall obtain a grading permit in accordance with the Subdivision
Manual and Grading Ordinance prior to the issuance of any building permits.
15. The Developer shall be required to complete the applicable forms and comply with
the City of Chula Vista's Storm Water Management Standards Requirements Manual.
16~ The Developer shall implement Best Management Practices (BMPs) to prevent the
pollution of storm water conveyance systems, both during and after construction.
Permanent storm water requirements shall be incorporated into the project design, and
shall be shown on the plans. Any construction and non-structural BMPs requirements
that cannot be shown graphically must be either noted or stapled on the plans.
17. The City of Chula Vista requires that all new development and significant
redevelopment projects comply with the requirements of the NEPDS Municipal
Permit, Order No. 2001-01. According to said Permit, all projects falling under the
Priority Development Project Categories are required to comply with the Standard
Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria.
18. The Developer shall identify storm water pollutants that are potentially generated at
the facility, and purpose Best Management Practices (BMPs) that will be
implemented to prevent such pollutants from entering the storm drainage systems.
19. A Soils Report shall be prepared by a registered geotechuical or soils engineer to
determine soil conditions and to provide foundation and pavement recommendation
to the satisfaction of the City Engineer.
20. Prior to the issuance of building and grading permits, the Developer shall submit a
Construction Storm Water Management Plan (CSWMP) per the City of Chula Vista's
Storm Water Management Standards Manual.
21. Prior to the issuance of building and grading permits, the Developer shall submit a
Geotechnical Investigation.
22. A drainage study shall be prepared, which demonstrates the amount of flows
contributed by the Project and the adequacy of facilities to handle the flows. Post-
development flows shall not exceed pre-development flows. In addition, the project
shall be designed such that flows are directed away f~om neighboring properties.
Ordinance
Page 7
23. A hydrology study shall be required at the first submittal of grading/improvement
plans that demonstrates that post-development flow rate does not exceed the pre-
development flow rate at the outlet of the site.
24. The Developer shall apply Best management Practices (BMPs) to prevent pollution of
the storm drain systems during and after construction.
25. Water quality and watershed protection principals shall be incorporated into the
design of the project. Such measures shall minimize the discharge of pollutants into
the storm drainage systems.
26. A water quality study shall be required demonstrating compliance with the
requirements of the National Pollutant Discharge Elimination System (NPDES)
Municipal Permit including Standard Urban Storm Water Mitigation Plans (SUSM)
and Numeric Sizing Criteria requirements.
Special Operations
27. The Developer shall develop and implement an integrated solid waste and recycling
plan acceptable to the Special Operations Manager. The plan shall be designed to
divert at least 50 percent of the waste stream generated by the project through
participation in the City's residential recycling, yard waste, bulky pick up and
household hazardous waste programs outlined in Sections 8.24 and 8.25 of the Chula
Vista Municipal Code and the California Integrated Waste Management Act of 1989.
Sweetwater Authority
28. Prior to the issuance of building permits, the Applicant shall obtain a letter from the
Chula Vita Fire Department stating fire flow requirements and submit the letter to the
Sweetwater Authority for review.
Chula Vista Elementary School District
29. The Applicant shall pay the appropriate school fees prior to the issuance of building
permits.
Standard Conditions
30. Any violations of the terms and conditions of this Ordinance shall be grounds for
revocation or modification of development permits.
31. This development permit shall become void and ineffective if not utilized w/thin one
year from the effective date thereof, in accordance with Section 19.14.260 of the
Municipal Code. Failure to comply with any conditions of approval shall cause this
Ordinance to be reviewed by the City for additional conditions or revocation.
Ordinance
Page 8
32. Any deviation from the above noted conditions of approval shall require approval
from the Redevelopment Agency.
33. The Developer shall and does hereby agree to indemnify, protect, defend and hold
harmless the City, Redevelopment Agency, Council members, its officers, employees
and representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorney's fess (collectively,
liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval
of the Precise Plan, (b) City's approval or issuance of any other permit or action,
whether discretionary or non-discretionary, in connection with the use contemplated
herein, and (e) Applicant's installation and operation of a facility permitted hereby,
including, without limitation, ant and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. Developer shall
acknowledge their agreement to this provision by executing a copy of this Precise
Plan where indicated below. Developer compliance with this provision is an express
condition of this Precise Plan and this provision shall be binding on any and all of
applicant's/operator's successors and assigns.
34. The site shall be developed and maintained in accordance with the final approved
plans which will include revised site plans, architectural elevations, exterior materials
and color board, and landscape plans on file in the Planning Division, the conditions
contained herein, and the Chula Vista General Plan.
35. Approval of this request shall not waive compliance with all sections of Title 19 of
the Municipal Code, and all other applicable City Ordinances in effect at the time of
building permit issuance.
36. This Precise Plan permit shall be subject to any and all new, modified or deleted
conditions imposed after approval of this permit to advance a legitimate
governmental interest related to health, safety or welfare which the City shall impose
after advance written notice to the Permittee and after the City has given to the
Permittee the right to be heard with regard thereto. However, the City, in exercising
this reserved right/condition, may not impose a substantial expense or deprive the
Permittee of a substantial revenue source which the Permittee cannot, in the normal
operation of the use permitted, be expected to economically recover.
37. The Developer shall be responsible for the building and landscaping maintenance in
accordance with the approved project and landscape plans unless the Redevelopment
Agency approves modifications.
E. EXECUTION AND RECORDATION OF ORDINANCE OF APPROVAL
The Developer shall execute this document by signing the lines provided below, said
execution indicating that the property owner and applicant have each read, understood
and agreed to the conditions contained herein. Upon execution, this document shall be
Ordinance
Page 9
recorded with the County Clerk of the County of San Diego, at the sole expense of the
property owner and/or applicant, and a signed, stamped copy returned to the City Clerk
and Planning Department. Failure to return a signed and stamped copy of this recorded
document within ten days of recordation to the City Clerk shall indicate the property
owner/applicant's desire that the project, and the corresponding application for building
permits and/or a business license, be held in abeyance without approval. Said document
will also be on file in the City Clerk' Office and known as Document No.
Signature of Property Owner Date
of 760 Broadway
Signature of Representative Date
F. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent
upon the enforceability of each and every term, provision and condition herein stated; and
that in the event that any one or more terms, provisions or conditions are determined by a
Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and
the permit shall be deemed to be automatically revoked and of no further force and effect
ab initio.
SECTION 4: APPROVAL OF PRECISE PLAN
The City Council does hereby approve the Precise Plan as depicted in Exhibit "A", and including
property Development Regulation for Broadway Urban Village, as represented in Exhibit "B".
SECTION 5: EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by Apgrpved as to _forga by
mRl°ba~eirtn~'~nL~i~ilding Director - '~yA~orney ~) '
Ordinance
Page 10
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 3rd day of June, 2003, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Steve Padilla, Chair
ATTEST:
Laurie Madigan, Secretary
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
Ordinance No. had its first reading at a regular meeting held on the 3rd day of June 2003 and its
second reading and arroption at a regular meeting of said Redevelopment Agency held on the
day of 2003.
Executed this day of 2003.
Susan Bigelow, City Clerk
J:\COMMDEV~TAPIA~Projects\760 Broadway\760 Broadway Council Ordinance.doc
COUNCIL AGENDA STATEMENT
Item ~
Meoting Date 0117103
ITEM TITLE: Resolution Establishing the Appropriations Limit for the
City of Chula Vista for Fiscal Year 2003.04
SUBMITTED BY: Finance Director/Treasurer Kachado~ian-~,~,
REVIEWED BY: City Manager~? ~) ~, (4/5ths Vote: Yes No X )
Article XIIIB of the California Constitution approved by the voters in 1979 and commonly
referred to as the Gann Initiative, requires each local government to establish an
Appropriations Limit by resolution each year at a regularly scheduled meeting or noticed
special meeting. The purpose of the limit is to restrict spending of certain types of
revenues to a level predicated on a base year amount increased annually by an inflation
factor.
RECOMMENDATION: That the City Council adopt a resolution establishing an
appropriations limit of $377,929,449 for the 2003-04 fiscal year.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Article XIIIB of the California Constitution, approved by the voters in 1979, imposed the
concept of spending limits on local governments. This Constitutional provision and related
implementing legislation specifies that annual increases in appropriations financed from
"Proceeds of Taxes" are limited to a base year (1978-79) amount increased annually by an
inflation factor comprised of the change in population of the City combined with the greater
of the change in new non-residential construction or the change in the California per capita
personal income. By definition, "Proceeds of Taxes" includes such revenues as property
taxes, sales and use taxes, utility users taxes, transient occupancy taxes, and state
subventions. Revenues from other sources like fees/charges and federal grants are
considered "Non-Proceeds of Taxes" and are not subject to the annual spending limit.
This calculation has always been perfunctory for the City of Chula Vista, since the
proceeds of taxes for the City are far less than the statutory appropriation limit.
Page 2, Item
Meeting Date 6/17/03
The State Department of Finance and the San Diego County Assessor's Office are
charged with providing the data necessary for local jurisdictions to establish their
appropriation limit. According to these sources, for purposes of the fiscal year 2003-04
calculation, the population increased 4.96% and new non-residential construction
increased 4.37%. California per capita personal income increased by 2.31% and was not
used in the formula to compute the limit since this increase was lower than the increase in
new non-residential construction.
The fiscal year 2003-04 Appropriation Limit has been calculated as follows:
Fiscal Year 2002-03 Appropriation Limit $344,993,751
Increased by an inflation factor composed
of the increases in population and new
non-residential construction X 1.0955
Fiscal Year 2003-04 Appropriations Limit $377,929,449
The "Proceeds of Taxes" as included in the fiscal year 2003-04 Proposed Budget that are
subject to the appropriations limit are estimated to be $59,128,434 (see attachment).
Therefore the City has what is referred to as an appropriation "gap" of $318,801,015
($377,929,449 - $59,128,434). Simply stated, this means that the City could collect and
spend up to $318,801,015 more in taxes during fiscal year 2003-04 without exceeding the
Constitutional limit.
FISCAL IMPACT: This action will enable the City to appropriate and spend tax revenues
estimated at $59,128,434 included in the proposed budget for fiscal year 2003-04.
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CFIULA VISTA ESTABLISHING THE
APPROPRIATIONS LIMIT FOR THE CITY OF CHULA
VISTA FOR FISCAL YEAR 2003-04
WHEREAS, Article XIIIB of the California Constitution approved by the voters in 1979 and
commonly referred to as the Gann Initiative, requires each local government to establish an
Appropriations Limit by resolution each year at a regularly scheduled meeting or noticed special
meeting; and
WHEREAS, the purpose of the limit is to restrict spending of certain types of revenues to a
level predicated on a base year amount increased annually by an inflation factor.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby establish an appropriations limit of $377,929,449 for the 2003-04 fiscal year.
Presented by Approved as to form by
Maria Kachadoorian
Director of Finance C yk~rney ~ /
.l:\Attomcy\RESO\Appmpriation Limit fi)r FY 2003-04.doc
ATTACHMENT 1
APPROPRIATION (GANN) LIMIT GAP CALCULATION
FOR FISCAL YEAR 2003 - 04
Proceeds of Taxes FY 2003-04 Proposed Budget
Property Taxes $16,816,019
Sales and Use Taxes 20,347,414
Transient Occupancy Taxes 2,249,572
Utility Taxes 4,316,571
Other Local Taxes
Real Property Transfer Tax 1,526,362
Business License 1,040,000
State Motor Vehicle Licenses 12,632,496
State Homeowners Property Taxes 200,000
Total Proceeds of Taxes 59,128,434
Appropriation Limit 377,929,449
GAP (Under Limit) ($318,801~015)
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY
AGENDA STATEMENT
ITEM NO.: ~
MEETING DATE: 06/17/0;3
ITEM TITLE: JOINT RESOLUTION OF THE CITY COUNCIL/REDEVELOPMENT
AGENCY GRANTING REIMBURSEMENT IN THE AMOUNT OF $18,797
TO THE METROPOLITAN AREA ADVISORY COMMITrEE TO COVEI~
THE COST OF ON-STREET IMPROVEMENTS INSTALLED AS PART OF
THE REHABILITATION AND REUSE OF THE BUILDING AT 1351-1395
THIRD AVENUE WITHIN THE SOUTHWEST REDEVELOPMENT
PROJECT AREA AND APPROPRIATING $18,797 FROM THE UN-
APPROPRIATED BALANCE OF THE MERGED PROJECT FUND FOR
THIS PURPOSE
SUBMITTEDBY: COMMUNITY DEVELOPMENT DIRECTOR k_~-~ ~
REVIEWED BY: CITY MANAGER .~
4/5THSVOTE: YES ~ NO ~ '
BACKGROUND
On October 2001, the Metropolitan Area Advisory Committee (MAAC), a local non-profit
community assistance organization, entered into an owner participation agreement with the
Redevelopment Agency for the rehabilitation and re-use of the commercial building located at 1351 -
1395 Third Avenue, near the corner of Quintard Street (see Iocator map attached as Exhibit A).
Since then, MAAC has successfully rehabilitated the properly and has established a Community
Center, which houses a Charter Vocational School, a construdion and home repair training facility,
a Child Care facility, and a variety of community-oriented services. As part of the approval process,
the Agency imposed several conditions on the project related to the installation of off-site
improvements. MAAC has installed those improvements, and is requesting financial assistance from
the Agency for the cost of the improvements, which include the construdion of a concrete raised
median extension on Third Avenue and the installation of a street light on Quintard Street.
Staff considers that it is appropriate and justifiable for the Agency to grant the assistance in the form
of a reimbursement to MAAC to cover the cost of the off-site improvements. This adion needs an
appropriation of funds from the un-appropriated balance of the Merged Project Area Fund.
RECOMMENDATION
That the City Council/Agency adopt the resolution approving reimbursement of $18,797 and
appropriate the same amount from the un-appropriated fund balance of the Merged Project Area
Fund.
PAGE 2, ITEM NO.:
MEETING DATE: 06/17/00
BOARDS/COMMISSIONS RECOMMENDATION
No Board/Commissions review is required for this action.
DISCUSSION
Site Characteristics
The subject site is located mid-block on the east side of Third Avenue between Palomar Street and
Quintard Street. It is located within one of the City's commercial zones, adjacent to residential
areas. The subject site is approximately 5.79 acres in area and contains a building with
approximately 73,000 square feet of usable space. Another small building (1,764 square feet) is
located at the north-end of the lot and houses a fast food restaurant (Tacos El Gordo).
Project Description
The project approved by the Redevelopment Agency was for the rehabilitation of a vacant
building. MAAC has completed the rehabilitation and remodeling of the Proper17 and currently
has the following specific adivities in operation:
Head Start Child Development Center
Community Charter High School
Health Services Center (DUI Program)
Weatherization Program (Administrative Office Only)
General Construction Training
Miscellaneous office space to be made available for lease
Buildinq Renovation
The rehabilitation and re-use of the Property involved the renovation of the building's
interior/exterior, and the improvement of the site's parking lot. The building's interior space has
been reconfigured to accommodate and facilitate the operations of the various programs
described above. This includes repairing and upgrading damaged walls, roof and ceilings;
construding new and upgrading exiting restroom facilities; upgrading electrical systems to meet
the needs of the new uses; upgrading the air-conditioning and heating systems and interior
lighting fixtures.
The building's exterior walls have been upgraded in conformance with a new architectural design
that has beautified the existing structures. Rodriguez & Simon, a local architectural firm,
prepared the design drawings, which provide a variety of design elements that changed the
building's plain "box" appearance and has made it look more artistic.
The existing parking lot and exterior grounds facing Third Avenue have also been upgraded
through a variety of landscape and hardscape elements, which includes the following:
PAGE 3, ITEM NO.:
MEETING DATE: 06/17/00
· an 8,000-sq. ft. playground with state-of-the-art equipment immediately in front of'the
Child Development Center Main entryway;
· a pedestrian corridor along the walkway between the Child Development Center's
playground and the Community charter High School's entryway, including outdoor eating
tables and benches;
· enhanced landscape materials throughout, including a berm along the perimeter of the
parking lot facing the Third Avenue and Quintard Street corridors.
Off-site Improvement
In addition to the on-site improvements that were part of the project, MAAC was required to
provide some off-site improvements intended to bring the project into compliance with the
Municipal Code, mitigate traffic impacts, and provide additional safety measures. These
improvements include the construction of a raised median extension intended to prevent left turn
maneuvers onto Third Avenue from the site. The other improvement was the installation of a
streetlight to provide additional illumination of the street, and was intended as a safety measure
for both pedestrians and vehicular traffic. Both of these improvements have been done and
inspected to the satisfaction of the City Engineer. The cost of these improvements is a total of
$18,797 for which MAAC is requesting reimbursement.
The improvements for which MAAC is requesting reimbursement were a results of conditions
imposed by the Agency as part of the project's approval. Also, the improvements are not on the
site but on the street and are intended to provide a benefit to the general public and not
necessarily to the Properly. MAAC's rehabilitation project has greatly improved the area and the
remodeling of the building and the parking lot grounds has been a great success in terms of
improving the Property's appearance and removing blighting influences. The proposed building
renovation and beautification has provided a significant enhancement to the site. The pro. posed
land use has re-activated an existing structure and has provided a variety of beneficial programs
for the community, and has brought additional activity to this part of the City. Therefore, it is
staff opinion that the request for reimbursement in the amount of $18,797 has merit and is
justified, and deserves to be granted.
FISCAL IMPACT
expenses. There are sufficient funds to cover this reimbursement in the un-appropriated fund
balance of the Merged Redevelopment Area Fund.
ATTACHMENTS
Exhibit A - Locator Map
J:\COMMDEV~STAFF.REP\06-17-03\MAAC Reimbursement Report.doc
JOINT RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA GRANTING
REIMBURSEMENT IN THE AMOUNT OF $18,797 TO THE
METROPOLITAN AREA ADVISORY COMMITTEE TO COVER THE
COST OF ON-STREET IMPROVEMENTS INSTALLED AS PART OF THE
REHABILITATION AND REUSE OF THE BUILDING LOCATED AT 1351-
1395 THIRD AVENUE WITHIN THE SOUTHWEST REDEVELOPMENT
PROJECT AREA AND APPROPRIATING $18,797 FROM THE
APPROPRIATED BALANCE OF THE MERGED PROJECT FUND FOR
THIS PURPOSE
WHEREAS, the Metropolitan Area Advisory Committee (MAAC), a 501 (c) (3) California Nonprofit
Benefit Corporation, entered into an Owner Participation Agreement with the Redevelopment Agency in
October 2001for the rehabilitation and reuse of the building at 1351-1395 Third Avenue ("Project")
within the Southwest Redevelopment Project Area ("Project Area"); and
WHEREAS, the Redevelopment Agency required MAAC to install certain on-street public
improvements, which include the extension of a raised median on Third Avenue and the installation of
a street light on Quintard Street ("Improvements"), as part of the Project; and
WHEREAS, the construction of those Improvements has been completed and inspected and
accepted by the City Engineer; and
WHEREAS, the construction of these improvements will remove pedestrian and vehicular
traffic hazards and will provide a general public benefit; and
WHEREAS, the cost of these improvements is $18,797 for which MAAC is requesting
assistance and reimbursement from the Redevelopment Agency; and
WHEREAS, the City Council and Agency determined that Agency financial assistance is
necessary to the Project and no reasonable alternative means of funding exists for the Project; and
WHEREAS, the City Council and Agency has determine that its financial assistance to the
Project will contribute to the removal of blighting influences and safety hazards.
NOW, THEREFORE, BE IT RESOLVED that, based on the facts stated above, the City
Council and Redevelopment Agency of the City of Chula Vista hereby makes the following findings:
1. The proposed Project and necessary on-street improvements along Third Avenue and
Quintard Street are of benefit to the Project Area and the immediate neighborhood
because they improve traffic flow along Third Avenue and access onto and from the
site; and
2. There are no other reasonable means of financing the necessary on-street
improvements along Third Avenue and Quintard Street; and
3. The Agency's contribution toward the cost of the street improvements along Third
Avenue and Quintard Street will assist in the elimination of blighting influences by
improving traffic and pedestrian safety within the Project Area.
Joint Resolution No.
Page 2
BE IT FURTHER RESOLVED that the Redevelopment Agency of the City of Chula Vista does
hereby appropriates $18,797 from the un-appropriated balance of the Merged Project Fund to assist
the construction of the necessary on-street improvement along Third Avenue and Quintard Street
within the Southwest Redevelopment Project Area.
Presented by
Laurie A. Madigan
Director of Community Development
J:\COMMDEV~RESOS~AAC Reimbursment Res.doc
· EXHIBIT A
CASA
DE PALOMAE
SINGLE
FAMILY
PARK
PALOMAE
SHOPPING
AUTO
CFIULA VISTA PLANNING AND BUILDING DEPARTMENT.
LOCATOR ~or.=c-r METROPOMTAN AREA ADViSORY
,N'mJC, N~: COMMHh~:ECENTE(MAAC)
PR. OJ~CT
AOORESS: 1351-1395 THIRD AVENUE
NORTH No Scale
JOINT REDEVELOPMENT AGENCY/HOUSING AUTHORITY/COUNCIL
AGENDA STATEMENT
Item
Meeting Date 6/17/03
ITEM TITLE:
Public Hearing: Consideration and Adoption of the
Operating and Capital Improvement
Budgets for the City, and the Operating
Budgets for the Redevelopment Agency
and the Housing Authority for the Fiscal
Year Ending June 30, 2004 and 2005
Council Resolution: Adopting the Operating and Capital
Improvement Budgets for the City of Chula
Vista for Fiscal Year 2004 and
Appropriating Funds Therefore, and
Approving in Concept the Proposed
Budgets for Fiscal Year 2005
Agency/Housing Authority Resolutions: Adopting the Operating
Budgets for the Redevelopment Agency
and Housing Authority for Fiscal Year 2004
and Appropriating Funds Therefore, and
Approving in Concept the Proposed
Budgets for Fiscal Year 2005
SUBMITTED BY: Assistant City Manager Fruchter~ Director of Finance~/~..
REVIEWED BY: City Manager ..~ (4/5ths Vote: Yes __No X )
The City Council has received and considered the City Manager's proposed
operating and capital improvement budgets for the City and the operating
budgets for the Redevelopment Agency and Housing Authority for the fiscal
years ending June 30, 2004 and 2005. Three work sessions were held to
consider and deliberate on the recommendations contained in those initial
documents as well as additions and deletions identified after the proposed
budget document was printed. The budgets submitted for adoption represent the
City Manager's initial spending plan as amended in accordance with tentative
Council direction received during the budget work sessions.
Page 2, Item
Meeting Date 6/17/03
RECOMMENDATION: Accept any public testimony, approve the resolutions
adopting the fiscal year 2004 Operating and Capital Project Budgets as
amended, and appropriating the various sources of funding for the purposes
indicated for the fiscal year ending June 30, 2004 and approving in concept the
Operating and Capital Project Budgets for the fiscal year ending June 30, 2005.
BOARDS & COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION: The City Manager presented the proposed Operating and
Capital Improvement Budgets for fiscal years 2004 and 2005 to the City Council
for consideration on May 22, 2003. The proposed spending plan for all Funds,
including Capital Projects totaled $244.4 million for fiscal year 2004 and $250.6
million for fiscal year 2005. Included in these totals were General Fund spending
plans totaling $122.8 million for fiscal year 2004 and $130.6 million for fiscal year
2005. Also included were recommended spending allocations for Capital
Improvements ($22.0 million and $22.8 million), Redevelopment Agency Funds
($10.5 million and $8.0 million), and the Housing Program Funds ($0.9 million
and $1.3 million) for the same two year period. The Council held workshops on
May 29, June 9 and June 11, 2003 to receive staff presentations on significant
budget issues and to deliberate on any and all areas of the City Manager's
proposal.
The budget submitted at this time for formal adoption represents the City
Manger's initial spending plans, as tentatively approved and/or amended by the
Council during the budget work sessions. Attachments A and B represent the
final spending plans submitted for adoption, while Attachment C reflects itemized
adjustments to the City Manager's initial proposal which were determined to be
necessary after the proposed budget documents were printed, and were
tentatively approved by Council during the workshops. The final budgets
submitted for all Funds total $244.8 million for fiscal year 2004 and $250.6 million
for fiscal year 2005, including General Fund spending plans of $122.8 million and
$130.6 million for the two years. The ali-Funds total also includes spending
allocations for Capital Improvements ($22.3 million and $22.8 million),
Redevelopment Agency ($10.5 million and $8.0 million) and the Housing
Program Funds ($0.9 million and $1.3 million).
Estimated revenues (Attachment D) total $246.7 million and $250.8 million for the
two fiscal years, exceeding the proposed spending plans by approximately $1.9
million (0.8%) in fiscal year 2004 and $0.2 million (0.08%) in fiscal year 2005.
These amounts generally represent monies accumulating in numerous Special
Funds to be committed in the near future for various types of capital improvement
projects. The General Fund operating budget is funded in total by estimated
revenues, with no impact on available reserves expected.
Page 3, Item
Meeting Date 6/17/03
Although the Proposed Budget covers two fiscal years, the recommendation is to
adopt and appropriate funds for only the fiscal year ended June 30, 2004 since
the City Charter (Article X) contemplates adoption of the budget one year at a
time. Council is also requested to approve in concept the proposed budget
covering the fiscal year ending June 30, 2005, but formal adoption, including
appropriation of funds will not be requested until June, 2004.
During fiscal year 2000, the City Council reviewed and formalized the City's fiscal
policies. These policies enable consistent management of the City's fiscal
resources. During the current budget workshops, additional language related to
Capital Financing and Debt Management was proposed for inclusion into the
City's fiscal policy. With Councils approval the following policy will be added:
In addition to externally financed debt, the City utilizes inter-fund loans
whenever possible to reduce borrowing costs or provide for shorter
term loans. When interest is charged on internal loans, it is done at
the same rate the City earns from its investments.
FISCAL IMPACT: Adoption of the City Manager's proposed budgets
provides Council-approved spending plans for the fiscal years ending June 30,
2004 and 2005; and formally appropriates $244.8 million in funding for specific
activities for the fiscal year ending June 30, 2004.
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE OPERATING AND CAPITAL
IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA
FOR FISCAL YEAR 2004, APPROPRIATING FUNDS
THEREFORE, AND APPROVING IN CONCEPT THE
PROPOSED BUDGETS FOR FISCAL YEAR 2005
WHEREAS, the City Council of the City of Chula Vista received and
considered the City Manager's proposed operating and capital improvement
budgets for the City and the operating and capital improvement budgets for the
Redevelopment Agency and Housing Authority for the fiscal years ending June
30, 2004 and 2005; and
WHEREAS, three work sessions were held to consider and deliberate on
the recommendations contained in those initial documents; and
WHEREAS, the budgets submitted for adoption represent the City
Manager's initial spending plan as amended in accordance with tentative Council
direction received during the budget work sessions; and
WHEREAS, a public hearing on the budgets was noticed and held as
required by the City Charter, and all public testimony was received and
considered.
WHEREAS, additional policy related to Capital Financing and Debt
Management will be added to the City's fiscal policies.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby adopt the Operating and Capital Improvement
Budgets for the City of Chula Vista for Fiscal Year 2004, and approve in concept
the proposed budgets for Fiscal Year 2005.
BE IT FURTHER RESOLVED that the City Council approve the
appropriation of funds for Fiscal Year ending June 30, 2004 as specified in
Attachment A based on revenues listed in Attachment B and authorize personnel
changes as presented in Attachment D.
Presented by Approved as to form by
RESOLUTION NO. 2003-
RESOLUTION OF THE REDEVELOPMENT
AGENCY/HOUSING AUTHORITY OF THE CITY OF CHULA
VISTA ADOPTING THE OPERATING AND CAPITAL
IMPROVEMENT BUDGETS FOR THE REDEVELOPMENT
AGENCY AND HOUSING AUTHORITY FOR FISCAL YEAR
2004, APPROPRIATING FUNDS THEREFORE, AND
APPROVING IN CONCEPT THE PROPOSED BUDGETS FOR
FISCAL YEAR 2005
WHEREAS, the City Council of the City of Chula Vista received and
considered the City Manager's proposed operating and capital improvement
budgets for the City and the operating and capital improvement budgets for the
Redevelopment Agency and Housing Authority for the fiscal years ending June
30, 2004 and 2005; and
WHEREAS, three work sessions were held to consider and deliberate on
the recommendations contained in those initial documents; and
WHEREAS, the budgets submitted for adoption represent the City
Manager's initial spending plan as amended in accordance with tentative Council
direction received during the budget work sessions; and
WHEREAS, a public hearing on the budgets was noticed and held as
required by the City Charter, and all public testimony was received and
considered.
NOW, THEREFORE, BE IT RESOLVED that the Redevelopment/Housing
Authority of the City of Chula Vista does hereby adopt the Operating and Capital
Improvement Budgets for the Redevelopment Agency and Housing Authority for
Fiscal Year 2004, and approve in concept the proposed budgets for Fiscal Year
2005.
BE IT FURTHER RESOLVED that the Redevelopment Agency/Housing
Authority approve the appropriation of funds for Fiscal Year ending June 30,
2004 as specified in Attachment A.
Presented by Approved as to form by
Cheryl Fruchter ~nn Mo-'bree "
Assistant City Manager y
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ATTACHMENT D: FY04 OPERATING BUDGET - PERSONNEL CHANGES
Deleted Positions
Department ~_ Position
Administration 1.0 Fiscal & Management Analyst
General Services 1.0 Sr. Civil Engineer *
Parking Meter Fund 1.0 Parking Operations Officer
New Positions New Classifications
Department _~ Position Unit E Step Salary
Administration 1.0 Conservation Coordinator
General Services 1.0 Electrician
General Services 1.0 Lead Custodian
Planning & Building 1.0 Code Enforcement Technician CVEA $42,006
Planning & Building 1.0 Associate Planner
Planning & Building 2.0 Code Enforcement Officer 1/11
Fleet Maintenance 2.0 Mechanic Assistant CVEA $38,725
Public Works/Ops 2.0 Open Space inspector
Public Works/Ops 1,0 Fiscal Office Specialist
Public Works/Ops 1.0 Sr. Maintenance Worker
Public Works/Ops 1.0 Maintenance Worker r/Il
Public Works/Ops 2.0 Gardener 1/11
Public Works/Ops 1.0 Parks Supervisor
Police 0.5 Adoption Counselor CVEA $38,120
Fire 1.0 Public Education Specialist * CVEA $38,120
Fire 3.0 Fire Engineers
Fire 3.0 Fire Fighters
Fire 3.0 Fire Captains
Reclassifications New Classifications
Department _~ Old Position New Position Unlit E Step Salary
Administration 1.0 Special Operations Mgr Dir of Conservation & Environmental Srvs EXEC N/A
Administration 1.0 Environmental Resource Mgr (Pay adjustment only) $82,912
Administration 1.0 Sr. Recycling Specialist Recycling Specialist I/Il
Administration 1.0 Special Projects Manager Asst Dir of Budget & Analysis (title only)
Library 1.0 Administrative Technician Administrative Analyst II
Library 1.0 Deputy City Manager Assistant Ci[y Manager
Planning & Building 1.0 Environmental Proj Mgr Associate Planner
Planning & Building 1.0 Principal Planner Deputy Director of Planning
Engineering 1.0 Sr. Civil Engineer Civil Engineer
Fire 2.0 Fire Captains Fire Inspectors *
General Services 1.0 Asst Dir of B&PC Bldg ConstnJction Manager *
Human Resources 1.0 Office Specialist St. Office Specialist
W II occur m~d-year at department request - based on retirements, etc.
PAGE 1. ITEM NO.: ~'~
MEETING DATE: 06/17/03
JOINT REDEVELOPMENT AGENCY / CITY COUNCIL /
HOUSING AUTHORITY AGENDA STATEMENT
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
(1) ACCEPTING A PRELIMINARY REPORT ON ALTERNATIVES TO
MEET THE EASTLAKE COMPANY'S AFFORDABLE HOUSING
OBLIGATION FOR EASTLAKE II/111; (2) APPROVING DEVELOPER
REQUEST TO WITHDRAW APPLICATION FOR MULTIFAMILY
REVENUE BONDS FROM THE CALIFORNIA DEBT LIMIT ALLOCATION
COMMITTEE (CDLAC), PRIOR TO JUNE 25, 2003; (3) DIRECTING
STAFF TO WORK WITH DEVELOPER AND EASTLAKE COMMUNITY,
AND RETURN TO COUNCIL WITHIN 120 DAYS WITH A FINAL
RECOMMENDATION; AND (4) DIRECTING CITY ATTORNEY TO
RETURN TO COUNCIL ON JULY 15 WITH AN AGREEMENT TO
ADDRESS EASTLAKE'S AFFORDABLE HOUSING OBLIGATION WITH
RESPECT TO THIS ALTERNATIVE
SUBMITTED BY: COMMUNITY DEVELOPM~, ;DIRECTOR~_~'~'/
REVIEWED BY: EXECUTIVE DIRECTOR ~/
/
,,/5.,s VOTE: .s NO
BACKGROUND
On April 8, 2003, a joint meeting of the City of Chula Vista City Council, Redevelopment Agency,
and Housing Authority was convened to consider a 150 unit affordable housing complex, known
as "Rancho Vista Apartments at Eastlake'* (Project} within the Eastlake master planned community.
The project was proposed to meet The Eas~lake Company's (Developer) 183-unit affordable
housing obligation for the Trails, Woods, Vistas and "Land Swap" Parcels (11/111). It is located on a
vacant 8.25 acre (gross) site located on the east side of future Eastlake Parkway, approximately
3,000 feet south of Clubhouse Drive in the City of Chula Vista. This project would be developed,
owned and operated by CIC Eastlake, L.P., a partnership between Pacific Southwest Community
Development Corporation and Chelsea Investment Corporation (CIC}.
The City Council authorized the issuance of $12 million in private activity bonds by the Housing
Authority from the California Debt Limit Allocation Committee (CDLAC) to finance the project.
The Housing Authority expressed its intent to issue such bonds. Additionally, the City and the
Agency conditionally approved financial assistance of $500,000 from the City's HOME funds
and $1,000,000 from the Redevelopment Low and Moderate Income Housing Fund to CIC
Eastlake, L.P. for the development of the project.
PAGE 2. ITEM NO.:
MEETING DATE: 06/17/03
Subsequent to receiving the project approvals, in response to communih/concerns, the Developer
has proposed an alternative project approach: the development of a first time buyer (for sale)
affordable housing program on the same site.
BOARD/COMMISSION RECOMMENDATION
On February 26, 2003, the Housing Advisory Commission voted to recommend the development
of the proposed Rancho Vista Apartments and the use of tax-exempt bonds and Low and
Moderate Income Housing Set-aside funds to finance the project.
On April 14, 2002, the Design Review Committee (DRC) reviewed the proposed plans for 150-
unit Rancho Vista Apartments and approved such plans. DRC held a preliminary hearing on the
project on March 3, 2003.
STAFF RECOMMENDATION
Staff recommends that Council/Agency: 1) accept this preliminary report on alternatives to meet
the Eastlake Company's affordable housing obligation for Eastlake II/111; (2} approve developer
request to withdraw application for multifamily revenue bonds from the California Debt Limit
Allocation Committee (CDLAC), prior to June 25, 2003; (3} direct staff to work with developer
and Eastlake community, and return to council within 120 days with a final recommendation; and
(4) direct City Attorney to return to Council on July 15, 2003, with an agreement to address
EastLake's affordable housing obligation with respect to this alternative.
Subsequent to the April 8 Council meeting, concerns relative to the Rancho Vista apartments were
raised by members of the Eastlake community. In an effort to respond to community concerns,
Eastlake Development Company began to investigate the possibility of replacing the rental
project with a "for sale" affordable project.
On June 11, staff organized a community meeting at Eastlake High School to provide
information on the Rancho Vistas project and the potential alternative for sale project. In addition
to City staff and community members, representatives from Eastlake Development Company and
CIC were in attendance.
Discussion with the community focused around the two programs available to accomplish the
goal of providing an affordable housing project on the "land swap" site in order to meet the
Eastlake affordable housing requirement: an affordable rental or first-time buyer program. The
advantages and disadvantages of each of the affordable programs were presented through
discussion with staff and CIC. No single, clear preference was expressed by community
members, who communicated to staff that they believe there has not been ample opportunity for
public input and that they would like more information to be provided.
PAGE 3, ITEM NO.:
MEETING DATE: 06/17/03
Housin,q Element Requirements
The Ciys State-mandated Housing Element, which was adopted by Council in December 2000,
requires the provision of housing for all economic groups and distribution of affordable housing
developments throughout the City. The Ci~s strategy to implement this mandate is to require 10
percent of any new subdivision in excess of fifty (50) units to be made affordable for Iow and
moderate-income families (5% Iow and 5% moderate) and to balance affordable housing
development throughout the City. The primary objective of this policy is to increase affordable
housing opportunities in the new planned communities of eastern Chula Vista so that residents have
equal housing choices throughout the community.
Developer Affordable Housinq Obli.qatJon
Under the City's Affordable Housing Program, the master developer of Eastlake Trails, Woods,
Vistas and "Land Swap" Parcels (11/111) has an obligation to provide a total of one hundred eighty
three (183) Iow-income units. The current condition of the Tentative Map for EostLake
Landswap, Chula Vista Tract 03-04 requires that the Developer pursue development of an
affordable rental project. The Developer is currently in compliance with this condition, having
entered into an agreement with CIC, prepared and processed a project proposal, and submitted
applications to CDLAC for Multifamily Revenue Bonds. On June 2, 2003, CDLAC published their
preliminary evaluation of all projects. Rancho Vista has received an evaluation score well above
the cut-off limit for bond financing and will leverage $18.8 million in private financing (bonds &
tax credits) towards a total $20.1 million cost.
The Eastlake Tentative Map condition provides flexibility that allows the Developer, "upon request
of the City", to enter into an agreement delineating the use of an alternative method of
compliance. Should the Council elect to accept the Developer's alternative proposal for a first
time homebuyer program, or direct staff to work with the Developer and community and return
with a recommendation at a future date, a new agreement between the Developer and the City
will be needed to insure that compliance with the affordable housing requirements is maintained.
Alternatives for Council Consideration
Based upon an understanding of the EastLake affordable housing obligations and map
condition, and input from the community meeting, staff believes that three alternative actions are
available to the Council at this time:
1. Reaffirm approval of the Rancho Vistas apartment project and accept the $12 million
Multifamily Revenue Bond allocation anticipated to be made by the California Debt Limit
Allocation Committee (CDLAC) on June 25;
2. Approve the Developer's request to withdraw the CDLAC application for Multifamily
Revenue Bonds prior to CDLAC's final commitment of such financing on June 25, 2003,
and direct staff to work with Developer to develop an affordable first time homebuyer
project; or
PAGE 4, ITEM NO.:
MEETING DATE: 06/17/03
3. Approve the Developer's request to withdraw the CDLAC application for Multifamily
Revenue Bonds prior to CDLAC's final commitment of such financing on June 25, 2003,
and direct staff to work with the Developer to hold a series of forums within the Eastlake
communily to provide additional information on both for rent and for sale options that
will meet the Eastlake affordable housing requirements on the Land Swap site, returning
to the Council by November 1, 2003, with a final staff recommendation.
FISCAL IMPACT
This item is for discussion only. No financial assistance is being requested at this time.
ATTACHMENTS
1. Locator Map
(HINES) J:\COMMDEV~STAFF.REP\06-17-03~A113 Easllake III Alt Homebuyer.doc [6/12/03 4:43 PM]
COUNCIL RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA (1) ACCEPTING A REPORT OF AN ALTERNATIVES TO MEET
THE EASTLAKE COMPANY'S AFFORDABLE HOUSING OBLIGATION
FOR EASTLAKE II/111; (2) APPROVING DEVELOPER REQUEST TO
WITHDRAW APPLICATION FOR MULTIFAIMILY REVENUE BONDS
FROM The CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE
(CDLAC), PRIOR TO JUNE 25, 2003; (3) DIRECTING STAFF TO WORK
WITH DEVELOPER AND EASTLAKE COMMUNITY, AND RETURN TO
COUNCIL WITHIN 120 DAYS WITH A FINAL RECOMMENDATION;
AND (4) DIRECTING CITY ATTORNEY TO RETURN TO COUNCIL ON
JULY 15 WITH AN AGREEMENT TO ADDRESS EASTLAKE'S
AFFORDABLE HOUSING OBLIGATION WITH RESPECT TO THIS
ALTERNATIVE.
WHEREAS, on April 8, 2003, the City of Chula Vista City Council, its' Redevelopment
Agency, and its' Housing Authority ("City/Agency/Authority") authorized the issuance of private activity
bonds from the California Debt Limit Allocation Committee and approved $1.5 million in financial
assistance from the Redevelopment Low and Moderate Income Housing Set-aside fund and HOME
funds to finance the development of a 150 unit affordable rental housin9 project, known as Rancho
Vista Apartments (the "Project") within the Eastlake master planned community to satisfy Eastlake
II/lll's 183-unit affordable housing obligation; and
WHEREAS, on April 14, 2003, the Design Review Commission approved the
development plans for the Project; and
WHEREAS, subsequent to receiving the project approvals, The Eastlake Company has
proposed an alternative project approach; to develop an affordable for sale development for first time
homebuyers on the same site and
WHEREAS, on June 17, 2003, the City Council considered a report on alternatives to
meet the Eastlake Company's affordable housing obligation for Eastlake FI/Ill.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
accepts the repod on alternatives to meet The Eastlake Company's affordable housing obligation for
Eastlake II/111.
BE IT FURTHER RESOLVED that the City Council approves the Developer's request to
withdraw the application for Multifamily Revenue Bonds from the California Debt Limit Allocation
Committee (CDLAC) prior to June 25, 2003.
BE IT FURTHER RESOLVED that the City Council directs staff to work with Developer
and Eastlake community and return to Council within 120 days (no later than November 1, 2003) with a
final staff recommendation.
BE IT FURTHER RESOLVED that the City Attorney return to Council on July 15, 2003
with an agreement to address Eastlake's affordable housing obligation with respect to this alternative.
Presented by Approved as to form by
Laurie A. Madigan Ann Y. Moore
Community Development Director City Attorney
LHINES (J \COMMDEV\RESOS\Reso Eastlake Alternative 3.doc)
ALTERNATIVE 1
COUNCIL RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA REAFFIRMING ITS APPROVAL OF THE RANCHO VISTAS
APARTMENT PROdECT
WHEREAS, on April 8, 2003, the City of Chula Vista City Council, its' Redevelopment
Agency, and its' Housing Authority ("City/Agency/Authority") authorized the issuance of private activity
bonds from the California Debt Limit Allocation Committee and approved $1.5 million in financial
assistance from the Redevelopment Low and Moderate Income Housing Set-aside fund and HOME
funds to finance the development of a 150 unit affordable rental housing project, known as Rancho
Vista Apartments (the "Project") within the Eastlake master planned community to satisfy Eastlake
II/lll's 183-unit affordable housing obligation; and
WHEREAS, on April 14, 2003, the Design Review Commission approved the
development plans for the Project;
WHEREAS, subsequent to receivin9 the project approvals, The Eastlake Company has
proposed an alternative project approach; to develop an affordable for sale development for first time
homebuyers on the same site.
WHEREAS, on June 17, 2003, the City Council considered a report on alternatives to
meet the Eastlake Company's affordable housing obligation for Eastlake II/111.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
reaffirms its approval of the Rancho Vistas apartment project and accept the $12 million Multifamily
Revenue Bond allocation anticipated to be made by the California Debt Limit Allocation Committee
(CDLAC) on June 25.
Presented by Approved as to form by
Laurie A. Madigan Ann Y. Moorel
Community Development Director City Attorney
LHINES (J:\COMMDEV\RESOS\Reso Eastlake Alternative 1.doc)
ALTERNATIVE 2
COUNCIL RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA (1) ACCEPTING A REPORT OF AN ALTERNATIVES TO MEET
THE EASTLAKE COMPANY'S AFFORDABLE HOUSING OBLIGATION
FOR EASTLAKE II/111; (2) APPROVING DEVELOPER REQUEST TO
WITHDRAW APPLICATION FOR MULTIFLAMILY REVENUE BONDS
FROM THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE
(CDLAC), PRIOR TO JUNE 25, 2003; (3) DIRECTING STAFF TO WORK
WITH DEVELOPER TO DEVELOP AN AFFORDABLE FIRST TIME
HOMEBUYER PROJECT.
WHEREAS, on April 8, 2003, the City of Chula Vista City Council, its' Redevelopment
Agency, and its' Housing Authority ("City/Agency/Authority") authorized the issuance of private activity
bonds from the California Debt Limit Allocation Committee and approved $1.5 million in financial
assistance from the Redevelopment Low and Moderate Income Housing Set-aside fund and HOME
funds to finance the development of a 150 unit affordable rental housing project, known as Rancho
Vista Apartments (the "Project") within the Eastlake master planned community to satisfy Eastlake
II/lll's 183-unit affordable housing obligation; and
WHEREAS, on April 14, 2003, the Design Review Commission approved the
development plans for the Project; and
WHEREAS, subsequent to receiving the project approvals, The Eastlake Company has
proposed an alternative project approach; to develop an affordable for sale development for first time
homebuyers on the same site.
WHEREAS, on June 17, 2003, the City Council considered a report on alternatives to
meet the Eastlake Company's affordable housing obligation for Eastlake II/Ill.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
approves the Developer's request to withdraw the CDLAC application for Multifamily Revenue Bonds
prior to CDLAC's final commitment of such financing on June 25, 2003, and direct staff to work with
Developer to develop an affordable first time homebuyer project.
Presented by Approved as to form by
Laurie A. Madigan Ann Y. Moore
Community Development Director City Attorney
LHINES (J:\COMMDEV~RESOS\Reso Eastlake Alternative 2.doc)
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJEC~ DESC.~mO.:
~o~uc~rr: C.ELSE~.VES~ME.TCO.PO.~T,O. DESIGN REVIEW
PROJECT
ADDRESS: Southside of Eastlake Parkway Request: Proposing 150 multi-family units.
~CALE: FILE NUMBER:
NORTH No Scale DRC-03-54
j:\home\planning\cherrylc\locators\drc0354.cdr 02.14.03