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HomeMy WebLinkAboutRDA Packet 2003/01/21 - 5:00 p.m. TUESDAY, JANUARY 21,2003 5:00 P.M. (immediately following the City Council meeting) It V of perlurV that I aIll ""declere under pe.ne j rl"'" V 0,'" :" t~e ea ~~10Verl b'! r'e Clt"" "" , ~"lntl that I poet ,-,\lJJ' .. . (' ~,' I.' 11 " ~ mun tv r:C\'~ ~J In r\c '," \ 1 at toe I ~ , ~ , " r"~(>).11':f l"O ,0... - 1 a" ,t~1 ~~_~1 on ~ . n I' ",-, .. -c;;. -OFt.hC ",/"rv,/cc.3S v.l ''''ED~' ''-fl1f11..r:... · CHULA WSTA.! 1'1 0 SIG., COUNCIL CHAMBERS PUBLIC SERVICES BUILDING ADJOURNED JOINT MEETING OF THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council 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. , . APPROVAL OF MINUTES - January 11, 2003, January 14, 2003 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE PROCEDURES FOR THE FORMATION OF THE PROJECT AREA COMMITTEE WERE FOLLOWED IN THE ELECTION OF PROJECT AREA COMMITTEE MEMBERS FOR THE PROPOSED ADDED AREA OF THE PROPOSED REDEVELOPMENT PROJECTS AMENDMENT AND MERGER - On 11/26/02, Council approved a resolution adopting the Procedure for the Formation and Election of a Project Area Committee (PAC). Notice was given and public meetings were held to explain the PAC and to elect members to serve on the PAC. No challenges to the PAC election or electoral process were received within the 15 day required time period. [Community Development Director] STAFF RECOMMENDATION: 1) Agency accept the report; and 2) Council adopt the resolution. ORAL COMMUNICATIONS 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~ 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.) If 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 Agenc,! 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. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Agency/Council, staff, or members of the general public. The items will be considered individually by the Agency/Council and staff recommendation 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 Secretary to the Redevelopment Agency or City Clerk prior to the meeting, 3. AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2002 - Presented for Council/Agency information and acceptance are the Audited financial Statements for the fiscal year ended June 30, 2002, as prepared by the independent audit firm of Caporicci & Larson. Both the City's and the Agency's Annual financial Reports received unqualified (clean) opinions from the independent audit firm. [Assistant City Manager Powell] STAFF RECOMMENDATION: Council/ Agency accept the fiscal year 2001-02 financial Statements. 4. OTHER BUSINESS 5. DIRECTOR'S REPORT 6. CHAIR REPORT 7. AGENCY COMMENTS ADJOURNMENT The meeting will adjourn to a closed session and thence to the regular meeting of the Redevelopment Agency on February 4, 2003 at 4:00 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 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 of a 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 Jaw to return to open session, issue any reports of final action taken in Glosed 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, 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) 8. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION -- Pursuant to Government Code Section 54956.9(a) Agency vs, Rados Bros, [Case No. GIC734557-1 ] Redevelopment Agency, January 21, 2003 Page 2 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 (TOO) at (619) 585,5647, California Relay Service is also available for the hearing impaired. Redevelopment Agency, January 21, 2003 Page 3 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA JANUARY 11,2003 9:00 A.M. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 9:10 a.m. in the Norman Park Senior Center, located at 270 F Street, Chula Vista, California. ROLL CALL: PRESENT: Agency/Counc:ilmeinbers: Davis, Rindone, Salas, and Mayor Padilla ABSENT: Agency/Counc:ilmembers: McCann ALSO PRESENT: Agency Director/City Manager Rowlands, Assistant City Attorney Googins, and Deputy City Clerk Bennett ACTION: Chair/Mayor Padilla moved to excuse Agency/Counciimember McCann's absence. Agency/Councilmember Davis seconded the motion, and it carried 4-0. ORAL COMMUNICATIONS Ed Kravitz, representing San Diego Railroad Partners, asked that the Coronado Branch rail line on the bayfront properties be used to encourage tourism for the area, as well as for potential freight development. He also expressed his disappointment that his request for public records from the City Attorney's office had not been fulfilled. MJ Claycomb spoke regarding wheelchair accessibility, stating that the poor condition of City sidewalks has resulted in damage to her wheelchair. She stated that she also has to avoid obstacles such as telephone poles and hydrants situated on the sidewalk. Ms, Claycomb suggested that smooth bike paths be constructed in the City to provide safer accessibility for wheelchairs, baby carriages, and cyclists. BUSINESS 1. EVALUATE OPTIONS FOR CHULA VISTA'S MID-BA YFRONT The workshop was the second in a series to give community members and interested organizations an opportunity to provide input regarding the future development of the mid- bayfront property, a l26-acre site located within the Bayfront Redevelopment Project Area. The site is generally north of Lagoon Drive (F Street), west of Bay Boulevard, and east of the Sweetwater National Wildlife Refug<:. Chula Vista Development Manager Salomone presented a brief summary of the project site, describing the original configuration and history of the property. Sam Gennawey of MIG Consultants facilitated the meeting, which included an evaluation of the City's criteria for the project and a review of observations taken from the meeting of December 7,2002. / - ( BUSINESS (Continued) Mr. Gennawey then presented an overview and options for "Opportunity Areas" 1 through 6: the refuge edge; the bayfront edge; the northern transition zone; the southern transition zone; the bayview zone; and the seasonal wetland. Members of the public were asked to express their likes and concerns on the options as presented. Sandy Duncan presented key findings from a survey conducted by the Environmental Health Coalition of over 300 Chula Vista residents. The survey indicated that 93% of those surveyed favored restored natural habitat as the proposed use for community space, and 48% favored an eco-tourism center as the proposed use for development space. Chair/Mayor Padilla recessed the meeting at 11: 10 a.m. and reconvened the meeting at 11: 19 a,m. with all Councilmembers present. Mr. Gennawey presented an overview and options for Opportunity Areas 7 through 11: the northern interior; the southern interior; the gateway; under the wires; and the freeway site. Members of the audience were then invited to comment on the options as presented, Chair/Mayor Padilla thanked everyone for participating. No action was taken by the City Councilor Redevelopment Agency. ADJOURNMENT Chair/Mayor Padilla adjourned the meeting at 12:25 p.m. to the Regular Meeting of the City Council and the Adjourned Regular Meeting of the Redevelopment Agency on January 14, 2003, beginning at 6:00 p.m, .----.. Lorraine Bennett, Deputy City Clerk Page 2 - CouncillRDA Minutes 1- d--. 01/11/2003 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA January 14,2003 6:00 p.m. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 6:15 p.m, in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California, ROLL CALL: PRESENT: ABSENT: Agency/Councilmembers: Davis, McCann, Rindone, Salas, and Chair/Mayor Padilla Agency/Councilmembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Kaheny, and City Clerk Bigelow CONSENT CALENDAR 1. APPROVAL OF MINUTES of December 7, 2002, December 10, 2002, and December 17,2002 Staffrecommendation: Agency/Council approve the minutes. 2, COUNCIL RESOLUTION NO, 2003-018 AND AGENCY RESOLUTION NO. 1808, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $115,000 IN THE MERGED PROJECT AREA FUND FROM AVAILABLE FUND BALANCE FOR REPAYMENT OF OUTSTANDING ADVANCES FROM THE BAYFRONT/TOWN CENTER I PROJECT AREA; AND APPROPRIATING $115,000 IN BAYFRONT/TOWN CENTRE I PROJECT AREA FROM UNANTICIPATED ADVANCE REPAYMENTS AND $115,000 FROM THE AVAILABLE FUND BALANCE IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND INTO THE CAPITAL IMPROVEMENT PROJECT (PS 149) FOR ADDITIONAL RELOCATION COSTS FOR THE NEW DOWNTOWN POLICE FACILITY Council has acted to appropriate a total of $1,750,000 for the Police Headquarters site relocation costs. This appropriation was completely expended during 2002. Settlements have now been reached with all 13 businesses, either through relocation settlement offers or the provision of new business sites. Several final relocation settlements and payments are now pending, as are as attorney costs. In order to proceed with the remaining relocation payments, two additional appropriations for costs associated with the relocation have been deemed necessary. Eligible funds from the available fund balance in the Public Facilities Development Impact Fee Fund are proposed for appropriation into Capital Improvement Project (pS 149) for half of the remaining costs ($115,000). The Redevelopment Agency is also requested to appropriate an additional $115,000 from the 2000 Tax Allocation Bond issue, for a total additional relocation appropriation of $230,000 (Community Development Director) Staffrecommendation: Agency/Council adopt the resolution. 1-.3 CONSENT CALENDAR (Continued) 3, AGENCY RESOLUTION NO, 1809, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $1,510,000 FROM THE AVAILABLE BALANCE IN THE LOW AND MODERATE INCOME HOUSING FUND FOR FINANCIAL ASSISTANCE TO MAIN PLAZA, L.P, FOR THE DEVELOPMENT AND OPERATION OF MAIN PLAZA On August 14, 2001, the City Council and Redevelopment Agency held a joint meeting and approved loan agreements, the affordable housing agreements, and financial assistance in the amount of $1,510,000 from the Low and Moderate Income Housing Fund to Main Plaza, L.P. The Main Plaza project is located on the northeast comer of Main Street and Broadway, within the Southwest Redevelopment Project Area and the Montgomery Specific Plan, and is a mixed-use project comprised of 106 affordable multi-family units and 15,000 square feet of retail commercial space. The term of affordability has been set at 55 years. During the close of the fiscal year 2001-2002 budget cycle, the previously approved $1,510,000 was not rolled over into the current 2002-2003 fiscal year and was returned to the fund balance. In order to release the funds to Main Plaza, L.P" the $1,510,000 needs to be appropriated from the available balance in the Low and Moderate Income Housing Fund into the current budget. (Community Development Director) ACTION: Agency/Councilmember Rindone moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived, The motion carried 5-0. ORAL COMMUNICATIONS There were none. OTHER BUSINESS 4. DIRECTOR'S REPORTS City Manager Rowlands introduced and welcomed the City's new Community Development Director, Laurie Madigan. 5, CHAIRlMAYORREPORTS There were none. 6. AGENCY/COUNCIL COMMENTS There were none. Page 2 CouncillRDA Minutes (-4 01/14/03 CLOSED SESSION 7, CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION ~ Pursuant to Government Code Section 54956,9(a) Agency vs. Rados Bros. [Case No. GIC734557-1] This item was not discussed, and no action was taken. ADJOURNMENT At 8:30 p,m" Chair/Mayor Padilla adjourned the meeting to a Regular Meeting of the Redevelopment Agency on January 21, 2003, immediately following the City Council meeting, which begins at 5:00 p.m. - -iJ...J. 0->-..1~ J. 1:">. -' Susan Bigelow, CMC, City Clerk /~s Page 3 Council/RDA Minutes 011\4/03 PAGE 1, ITEM NO.: CJ... MEETING DATE: 01/21/03 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE PROCEDURES FOR THE FORMATION OF THE PROJECT AREA COMMITTEE WERE FOLLOWED IN THE ELECTION OF PROJECT AREA COMMITTEE MEMBERS FOR THE PROPOSED ADDED AREA OF THE PROPOSED REDEVELOPMENT PROJECTS AMENDMENT AND MERGER SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L\\-~ \..\I\. REVIEWED BY: CITY MANAGEl(jli. ~f' V" 4/5THS YOTE: YES D NO 0 BACKGROUND During the past several months, the City Council and the Redevelopment Agency have been involved in a process leading to the consideration of various actions to amend the City's existing Redevelopment Project Area Plans to odd approximately 522 acres of land and merge the existing areas into a single one. On November 26, 2002, the City Council adopted the Procedure for Formation and Election of a Project Area Committee ("Procedure") for the proposed Added Area of the proposed Redevelopment Projects Amendment and Merger. The Procedure called on all residents, businesses, and representatives of eXisting community organizations from within the Added Area to form a seven-member Project Area Committee ("PAC") to review and submit to the City Council a recommendation on the proposed Redevelopment Projects Amendment and Merger. Th" PAC election was held on Monday, January 6, 2003 starting at 6:00 p.m, at the Lauderboch Community Center on Oxford Street, Pursuant to the Procedure, the following is the report to the City Council on the results of the election for the PAC. Along with this report, a resolution is presented to the Council for consideration finding that the Procedure for the Formation and Election of a Project Area Committee for the Added Area of the Redevelopment Projects Amendment and Merger were followed in the election of the Project Area Committee and determining the validity of any challenges to the election. OJ - ( PAGE 2, ITEM NO.: MEETING DATE: 01/21/03 RECOMMENDATION Staff recommends that: 1) the Redevelopment Agency accept the report; and 2) the City Council adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATION No input is required from any board or commission on the election procedure or results, DISCUSSION Election of a Project Area Committee requires a variety of actions to be undertaken by City staff and the Consultant, the Redevelopmlmt Agency, and the City Council. These actions are outlined on the Procedure for Fbrmation and Election of a Project Area Committee adopted by the City Council on November 26, 2002. Following is a description of these actions and how they met the requirements of the Procedure. The Procedure required the Redevelopment Agency staff to hold the following three meetings as part of the election process: An informational meeting with the community; a meeting to hold the PAC election; and a City Council meeting to approve the elections process. The Agency was required to mail and publish a notice 10 days prior to the date of the meetings to inform the community the time, date, and location of the meetings along with the map of the Added Area, statement that a PAC will be formed, description of the duties of PAC, and the criteria for eligibility to vote or serve for the PAC. In accordance with the Procedure, the notice of the PAC informational/election meeting was mailed via first-class mail to all property owners, residents, business owners, and community organizations on December 6, 2002 and was published in the Star News' edition of December 6, 2002. On December 16, 2002 at 6:00pm, an informational meeting was held at the Lauderbach Community Center. Approximately 74 persons attended the meeting and received the following documents as prescribed by the Procedure: the Preliminary Plan; Redevelopment Law Sections 33347.5, 33366, and 33385-33388; PAC Formation Procedures, PAC Application Statement of Interest and Qualifications; and Certification of Eligibility. The information meeting also provided an opportunity for the community to ask questions regarding the proposed Amendment and the PAC formation process, The Community Development Department and the City Clerk's office received applications for PAC candidacy from six (6) individuals for PAC candidacy by the January 3rd submittal deadline, of which five were for the Business Owner categary and one was for the Residential Tenant category, No applications were submitted for the second seat of the Residential Tenant category, Residential Owner-occupied category, and the Community Organization, On January 6, approximately 40 persons attended the election meeting, of which 23 persons voted, The following four persons were elected to the PAC: c;}-d-. PAGE 3, ITEM NO.: MEETING DATE: 01/21/03 Name/Address Cateqory (No Applicants/Vacant) Residential Owner Occupant Lorena Lopez 288 Broadway SP 8 Chula Vista, CA 91910 Residential Tenant (No Applicants/Vacant) Residential Tenant Jeanette Charlton 521 Orange Ave. #7 Chula Vista, CA 91911 Business Owner Rafael S. Courtney 395 H Street, Suite B Chula Vista, CA 91910 Business Owner Thomas A. (Tom) Horning 345 E Street Chula Vista, CA 91910 Business Owner (No Applicants/Vacant) Community Organization Representative As indicated obove, three of the seven PAC seats are vacant due to the lack of condidates for the Residential Owner-occupied, Residential Tenant, and Community Organization categories. As provided in the Procedure, the PAC shall, by a vote of its elected members, determine which person(s) shall fill the categories or positions which are vacant, thereby, expanding membership to its maximum number. Staff anticipates the PAC will seek to fill these seats at its first meeting. In the meantime, the PAC may continue to hold meetings and function with these vacant seats. All members elected to the PAC have furnished the appropriate proof of eligibility required by the Procedure, and each will be responsible for submitting a Statement of Economic Interests upon their taking of office. Staff conducted both meetings, while the redevelopment consultant and Agency special council monitored the election and responded to technical questions. The Procedure permits anyone to file with the City Clerk challenges to the PAC election or election process within 15 days after its formation. No such challenges were received by the January 21, 2003 deadline. The attached resolution acknowledgElS that the Procedure was followed and that those elected to the PAC may be seated. It is anticipated that the PAC members will meet on a bi-weekly basis from January 2003 through May 2003, during which time staff, the redevelopment consultant, d-3 PAGE 4, ITEM NO.: MEETING DATE: 01/21/03 and Agency counsel will discuss the reasons for, and implications of, the proposed eminent domain authority within the Added Area of the Amendment. Because PAC meetings are subject to the Brown Act, all PAC meetings me open to the public, and all PAC meeting notices will be timely placed at the City's posting locations. FISCAL IMPACT Adoption of the resolution being presented to City Council does not involve a fiscal impact, Expenditures for consultant services are covered by 0 contract and redevelopment funds allocated in 2001, Stoff time is being covered by the regular budget of the Community Development Department. ATTACHMENTS Attachment A: Procedure for the Formation and Election of the Project Area Committee. nCOMMDEV\STAFF REPS\Ol-21-03\PAC ELECTION REPORT TO CITY COUNCIL. DOC c2 - c.f RESOLUTION NO, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE PROCEDURE FOR THE FORMATION AND ELECTION OF A PROJECT AREA COMMITTEE FOR THE ADDED AREA OF THE REDEVELOPMENT PROJECTS AMENDMENT AND MERGER WERE FOLLOWED IN THE ELECTION OF THE PROJECT AREA COMMITTEE AND DETERMINING THE VALIDITY OF ANY CHALLENGES TO THE ELECTION WHEREAS, the City Council adopted Resolution No, 2002-488 on November 26, 2002, thereby adopting the Procedure for the Formation and Election of a Project Area Committee ("Procedure"), and calling upon the residents, businesses, and existing community organizations within the Added Area of the Redevelopment Projects Amendment and Merger ("Added Area") to form a Project Area Committee; and WHEREAS, pursuant to the Procedure, notice was provided to all Added Area residents, businesses, and community organizations by first class mail on December 6, 2002, and was published in the Star News edition of December 6, 2002; and WHEREAS, a public meeting was held on December 16,2002, to explain the establishment of, functions of, and opportunity to serve on, the PAC; and WHEREAS, a second public meeting was held on January 6, 2003 to elect members to the PAC, and four (4) representatives were elected to the PAC; and WHEREAS, Section 33385(d) of the Community Redevelopment Law, California Health and Safety Code Sections 330000 et seq., provides that a challenge to the PAC election or to the electoral process must be filed with the City Council no more than 15 calendar days after the PAC election, and further provides that the City Council shall consider all challenges so filed and will determine the validity of those challenges within 30 days following the PAC election; and period, WHEREAS, no challenges to the PAC election or electoral process were received within the 15 day time NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista as follows: I. No challenges to the dection ofthe Project Area Committee or to the electoral procedures were filed with the City Council; and 2, That the "Procedure for the Formation and Election of the Project Area Committee for the Adoption for the Redevelopment Projects Amendment and Merger", which were adopted by the City Council on November 26, 2002, were followed in connection with the election of a Project Area Committee on January 6, 2003. PRESENTED BY: APPROVED AS TO FORM BY Laurie A, Madigan Direct r of Community HCOMMDEVlRESOSIPAC Elect;"" Ropon Council Roso,doc 0( -S- Redevelopment Projects Amendment and Merger Procedure for Formation and Election of a Project Area Committee Adopted by City Council on November 26, 2002 through Resolution 2002-488 Redevelopment Agency of the City of Chula Vista 276 Fourth Avenue Chula Vista, Califomia 91910 Rosenow Spevacek Group, Inc. 217 North Main Street, Suite 300 Santa Ana, California 92701 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com d.-~ I. [100] GENERAL A. [101] Purpose On November 20, 2002, the Planning Commission of the City of Chula Vista adopted the Preliminary Plan for the proposed Amendment and Merger of the City's five existing redevelopment project areas. In part, the Amendment and Merger would expand the size of the Merged Project Area by approximately 522 acres of commercial, industrial, and residential property in west Chula Vista, Within this Added Area, the Redevelopment Agency of the City of Chula Vista ("Agency") is proposing to include authority for the Agency to exercise the power of eminent domain, subject to all notices, procedures, hearings, and actions required by the California Eminent Domain Law, for future redevelopment projects involving land assembly. Because the Added Area appears to contain a substantial number of housing occupied by low and moderate-income households, a project area committee must be formed under Health and Safety Code Section 33385.3 so that residents and others within the Added Area may review the proposed Amendment and Merger prior to its consideration by the Agency Board and City Council. No specific property within the Added Area is proposed to be acquired by the Agency at this time. One purpose of the Amendment and Merger is to allow the Agency to continue to have the same authority to acquire property by eminent domain the Agency has had for the past 12 years, This document establishes procedures for formation of a project area committee ("PAC") for the Amendment and Merger. A map identifying the Added Area is attached hereto as Exhibit A. The procedures presented herein shall be used to govern formation and election of the PAC, B. [102] Authority Pursuant to Section 33385 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seQ. ("Redevelopment Law"), this Procedure was approved and adopted on November 26, 2002 by Resolution No, 2002- 488 of the City Council of the City of Chula Vista after a duly noticed public hearing. C. [103] Definitions For the purposes herein: 1) "Added Area" means the territory proposed to be added to the existing Bayfront, Town Centre I, Town Centre II, Otay Valley and Southwest Redevelopment Project Area, as shown on Exhibit A. - 1 - <:2-7 2) "Agency" means the Redevelopment Agency of the City of Chula Vista, a public body, corporate and politic, which exercises powers as a redevelopment agency under the Redevelopment Law, 3) "Business" means any lawful activity, whether or not carried on for profit, which is conducted within the Added Area, as further defined herein, for (i) the purchase, sale, lease, or rental of tangible or intangible personal property (a "Retail Business"); (ii) the manufacture, processing or marketing of products, commodities or any other personal property (a "Manufacturing Business"); or (iii) the sale of services to the public (a "Service Business"), Business also includes any property owner that is a Person, as further defined herein, who owns the real property in the Added Area, who does not use the real property for their primary residence, Such real property includes residential nonowner occupied property, industrial property, retail property, and other commercial property. 4) "City" means the City of Chula Vista, California, a municipal corporation, 5) "City Council" means the City Council of the City, exercising powers as the legislative body under the Redevelopment Law. 6) "Existing Community Organization" means any nonprofit association of persons organized for religious, entrepreneurial, scientific, educational, literary or other purposes, which conducts its regularly scheduled meetings within the boundaries of the Added Area and uses an address located within the Added Area for its office or headquarters. 7) "PAC Application" means the Statement of Interest and Qualifications enclosed herein as Exhibit "B." 8) "PAC Election" means the meeting to elect PAC members as described in Section 500 of this Procedure, 9) "Person" means, but is not limited to, an individual, household, family, proprietorship, partnership, business trust, joint venture, syndicate, corporation, or association. 10) "Procedure" means this Procedure for Formation and Election of a Project Area Committee, adopted by the City Council on November 26, 2002, 11) "Project" means the proposed merged Chula Vista Redevelopment Project. - 2 - c;;2. - <6 12) "Project Area" means the merged Chula Vista Redevelopment Project Area as shown on Exhibit "A", 13) "Project Area Committee" or "PAC" means the committee formed and selected in accordance with Section 33385, et seQ" of the Redevelopment Law and the procedure set forth herein. 14) "Resident" means a Residential Owner-Occupant or Residential Tenant. 15) "Residential Owner,Occupant" means a person who owns a dwelling unit in the Added Area and occupies such dwelling unit as the person's permanent residence and usual place of abode, 16) "Residential Tenant" means a person who rents a dwelling unit in the Added Area pursuant to a rental agreement and has occupied such dwelling unit as a permanent residence and usual place of abode for not less than twenty-nine (29) days prior to the submittal of a completed PAC application as described in Section 501 herein, II. [200] PUBLIC MEETINGS A. [201] Meetings The Agency staff shall conduct at least one public informational meeting to: · Explain the establishment and functions of the PAC, and the opportunity to serve on the PAC, · Distribute and make available to each attendee: (i) a copy of Article 6.5 of the Redevelopment Law (Sections 33385-33388); (ii) a copy of Sections 33347,5 and 33366 of the Redevelopment Law; (iii) a copy of this procedure; (iv) a copy of the Preliminary Plan; (v) applications for PAC membership; and (vi) any other materials the Agency determines would be useful. Not less than fourteen (14) days following the informational meeting, a separate public meeting shall be conducted to elect members of the PAC, Both the informational and election meetings shall be held in the Added Area, The date, time and place of the informational and election meetings will be scheduled by the City Clerk, in accordance with the process more particularly set forth in Section 500, et seQ" herein. - 3 - cJ - <] B. [202] Presentation of PAC to City Council The Agency shall present the results of the PAC Election to the City Council at a regular meeting of the City Council following the PAC Election, which date shall be announced at the PAC Election meeting. The City Council shall adopt a finding that all the relevant portions of this Procedure regarding the election were followed and shall determine the validity of any properly filed challenges to the PAC Election within the time required by law and as set forth in Section 606 of this Procedure. III. [300] NOTICE OF MEETINGS, HEARINGS, AND PLEBISCITES The Agency shall publish notice of all meetings, hearings, or plebiscites conducted by the Agency or the City Council, or on behalf of the City Councilor Agency, relative to the formation and selection of the PAC, and the opportunity to serve on the PAC in the same manner as specified in Subdivision (a) of Section 65090 of the Government Code, A. [301] Publication of Opportunity to Serve The Agency shall publicize the opportunity to serve on the PAC by mailing written notice of the opportunity to serve to all Residents, Businesses, and Existing Community Organizations in the Added Area, This notice shall be mailed by first-class mail at least thirty (30) days prior to the formation of the PAC; the notices may be addressed to "Occupant." B. [302] Publication of Notice The Agency shall publish notice of each meeting, hearing, or plebiscite relative to the formation and selection of the PAC at least one time in a newspaper of general circulation in the City at least ten (10) days prior to the date for each meeting, hearing, or plebiscite, The notice shall include; (1) the date, time, and place of each meeting, hearing, or plebiscite, (2) the identity of the body conducting such meeting, hearing, or plebiscite, (3) a general explanation of the matters to be considered, (4) a general description of the Added Area, in text or by diagram, (5) a statement that a PAC will be formed for the Added Area, (6) a general description of the duties of PAC members, and (7) a general statement of the criteria for eligibility to vote for PAC members and serve on the PAC. C. [303] Notice by Mail The Agency shall mail written notice to all Residents, Businesses, and Existing Community Organizations in the Added Area of all meetings, hearings, or plebiscites conducted by, or on behalf of, the Agency or the City Council relative to the formation and selection of the P,AC (following the approval of this Procedure). This - 4 - c/-(O mailed notice requirement shall only apply if mailing addresses of all Residents, Businesses, Existing Community Organizations, or of all occupants, are obtainable by the Agency at a reasonable cost. The notice shall be mailed by first-class mail, but may \ be addressed to "occupant." In lieu of providing separate notice for each meeting, hearing, or plebiscite, the Agency may provide a single notice pursuant to this Section 303 stating all dates, times, and locations of any meetings, hearings, and plebiscites relative to the formation and selection of the PAC. If the Agency has acted in good faith to comply with the notice requirements of this Section 303, the failure of the Agency to provide the required notice to Residents, Businesses, or Existing Community Organizations unknown to the Agency or whose addresses could not be obtained at a reasonable cost, shall not, in and of itself, invalidate the formation or actions of the PAC. D. [304] Other Forms of Notice In addition to the notice required by Sections 301, 302, and 303, the Agency may, but is not obligated to, post notices, distribute flyers, purchase radio or newspaper display advertisements or undertake such other actions as it deems necessary or desirable to further inform Residents, Businesses, and Existing Community Organizations of the formation of the PAC. E. [305] Foreign Languages Any of the notices or announcements required herein may be translated into another language if the Agency determines in its discretion that such translation is necessary to effectively publicize the opportunity to serve on the PAC and participate in the formation and selection of the PAC. IV. [400] COMPOSITION OF PAC MEMBERSHIP A. [401] Categories Subject to the remaining provisions of this Section 401, the PAC is to be composed of a maximum of seven (7) members, which shall include the number of representatives listed in each of the following categories: Note: Because of the voluntary nature of participation in the PAC, as well as other constraints, it is possible that the number of representatives in one or more of the categories or the total membership may be below those levels set forth in the preceding portion of this Section 401, Such circumstances will not affect conduct of business by the PAC. Notwithstanding any other provision of this Procedure, a quorum for all PAC meetings shall be determined by the total number of PAC representatives elected to serve in accordance with this Procedure, - 5 - <::J-U Category Number of Representatives Residential Owner-Occupant Residential Tenant Business Owner Existing Community Organization 1 2 3 1 TOTAL 7 B. tative [402] Existing Community Organization/Appointment of Represen- The Existing Community Organization elected to serve on the PAC, pursuant to Part V of this Procedure, shall appoint one of its members to serve on the PAC. An alternate may also be appointed to serve on the PAC, in the event that the original representative is unable to attend a PAC meeting. However, in no event shall more than one member of the Existing Community Organization attend the PAC meetings in his/her PAC membership capacity. C. [403] Vacancies in Membership Categories -- Adjustment of Composition of PAC; Succession If, at the time of formation of the PAC, an insufficient number of candidates are elected to represent each category of membership on the PAC, such seats may remain vacant until qualified and eligible candidates are selected in the manner provided by this Procedure, The existence of any vacancies shall not prevent formation of the PAC or the conduct of business by the PAC. If a vacancy should remain or occur after the formation of the PAC, the PAC shall by a vote of its remaining members determine which person(s) shall fill the categories or positions which are vacant, thereby, expanding membership to its maximum membership as provided under Section 401, Such determination shall be made pursuant to such process, as the PAC shall deem appropriate, and without the mailing of notices required pursuant to Section 303 of this Procedure concerning the original establishment of the PAC. V. [500] ELECTION PROCEDURE A. [501] PAC Applications A candidate for PAC membership must submit a completed PAC Application to the Agency office, which application must be received by the Agency two days prior to the PAC Election. If no PAC Application is received for any membership category by such date, nominations, including self-nomination, for that membership - 6 - c2-/~ category may be made the night of the PAC Election, Any such nominees are eligible for election, provided they meet the eligibility requirement for PAC membership under Section 600, A copy of the PAC Application is attached hereto as Exhibit "B" and incorporated herein by this reference, All submitted PAC Applications shall be available to the general public for review beginning on the business day following submittal, and shall be available at the election meeting described in Section 201 above and at the Agency office prior to such meeting, The Agency office is located at 276 Fourth Avenue, Chula Vista, California 91910, VI. [600] ELIGIBILITY REQUIREMENTS FOR PAC MEMBERSHIP Upon submittal of a PAC Application, candidates for PAC membership must present evidence that they are eighteen (18) years of age or older. Candidates are advised that the Fair Political Practices Agency requires elected PAC Members to complete Statements of Economic Interest, which disclose certain personal financial information concerning such PAC member. Candidates may only run for one category of PAC membership and must present a valid California identification card, driver's license, military identification, or similar identification and the following evidence as eligibility for the applicable category: 1. Residential Owner-Occupant: Recorded grant deed or property tax bill. 2. Residential Tenant: Executed rental agreement or rent receipt. 3, Business Owner: Business license issued by State of California or City, or City Business Tax Certificate. Property owners may also provide proof of ownership of real property, which is not used for primary residency in the Added Area, 4. ExistinQ Community OrQanization: Each of the following: (i) proof of existence of the organization as of the time of the PAC informational meeting, (ii) proof of existence and operation within the Added Area, such as articles of incorporation, bylaws or business license, and (iii) a resolution of the board of directors of such organization authorizing a representative or alternate to act on its behalf. A. [601] Voter Registration Absentee voting is not permitted, Anyone desiring to vote at the PAC Election must attend the PAC Election meeting and register prior to, or at, the PAC Election by providing satisfactory evidence to the Agency staff that he or she is (1) at least eighteen (18) years of age or older and (2) is a Residential Owner-Occupant or Residential Tenant or Business Owner in the Added Area, or is the authorized representative (as evidenced by a letter) of a Business or Existing Community - 7 - r::::;2 -(3 Organization within the Added Area. Any of the following documents, where appropriate to the category of the voter, may be provided as evidence of eligibility to vote: 1. Residential Owner-Occupant: Recorded grant deed, property tax bill or other official documentation. 2. Residential Tenant: Executed rental agreement, rent receipt, or other official documentation, 3. Business Owner: Business license issued by State of California or City, or City Business Tax Certificate, Property owners may also provide proof of ownership of real property, which is not used for primary residency in the Added Area, 4. Existinq Communitv Orqanization: Each of the following: (i) proof of existence of the organization as of the time of the PAC informational meeting, (ii) proof of existence and operation within the Added Area, such as articles of incorporation, bylaws or business license, and (iii) a resolution of the board of directors of such organization authorizing a representative or alternate to act on its behalf, B. [602] Candidate Speeches All candidates for each PAC membership category (i) Residential Owner- Occupant, (ii) Residential Tenant, (iii) Business, (iv) Existing Community Organization shall be given an opportunity to make a speech at the PAC Election meeting, A time limit of three (3) minutes is established for each speech, If a candidate is unable to attend the election meeting, the candidate may designate a representative to make their speech, Reasonable rules of order (in the event of dispute, Roberts Rules of Order are to be used) will be applied, considering the number of candidates running in the PAC Election. C. [603] Voting Categories Each voter may cast ballots for representatives of that voter's PAC membership category and for the category of Existing Community Organization. Voters who have qualified to vote as Residential Owner-Occupants shall be entitled to vote for representatives of the Residential Owner-Occupant category, Voters who have qualified to vote as Residential Tenants shall be entitled to vote for representatives of the Residential Tenant category. Voters who have qualified to vote as representatives of Businesses shall be entitled to vote for representatives of the Business Owner category. Residential Owner-Occupant, Residential Tenants, and Businesses shall also be entitled to vote for the Existing Community Organization category. Voters who have qualified to vote as representatives of Existing Community Organizations are entitled to vote for that category only, - 8 - <::2 - ( t..j D. [604] Balloting Ballots shall be provided to registered voters for each PAC membership category, Le" a Residential Owner-Occupant ballot, a Residential Tenant ballot, a Businesses ballot, and an Existing Community Organizations ballot. Voting shall be conducted by secret ballot. Agency staff shall serve as authorized election assistants to collect and tally the ballots. The Agency shall ensure secrecy of the ballot by requiring each ballot to be folded and passed to an authorized election assistant. The election assistants shall tally the ballots at the PAC Election meeting. E. [605] Results/Runoffs The Agency staff shall announce the results of the PAC Election at the PAC Election meeting when the ballots are tallied. If a runoff is necessary, it shall be announced and held immediately. At the PAC Election meeting, Agency staff shall announce that the results and ballots shall be maintained by the Agency for presentation to the City Council. F. [606] ChallengesNalidity Any challenge to the PAC Election or to the electoral procedures followed in connection with the PAC Election shall be filed with the City Council within fifteen (15) calendar days following the PAC Election, The City Council shall review disputed elections by considering all challenges so filed and will determine the validity of those challenges within thirty (30) days following the PAC Election. VII. [700] SPECIAL PROVISIONS A. [701] Compensation of PAC Members The members of the PAC shall serve without compensation. B. [702] Amendment of Procedure The procedure established herein may be amended from time to time by resolution of the City Council. - 9 - c::::2-IS- EXHIBIT "An PROJECT AREA AND ADDED AREA MAP Merged Chula Vista Redevelopment Project Area .;)~/~ EXHIBIT "B" STATEMENT OF INTEREST AND QUALIFICATIONS PROJECT AREA COMMITTEE APPLICATION ADDED AREA OF THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA This information will be made available to Voters before the Election (Please Print and Check the Appropriate Boxes) To the City Council of the City of Chula Vista: I, would like to volunteer to run for election to the Project Area Committee at the election meeting to be held on . I would like to be elected for the following category: [CHOOSE ONE ONLY] LJ Residential Owner-Occupant LJ Residential Tenant LJ Business Owner LJ Existing Community Organization I CERTIFY THAT WITHIN THE ADDED AREA BOUNDARIES [Choose One Only] 1, I am a Residential Owner-Occupant because I own and reside in residential property located at the following address: and have attached a copy of my recorded grant deed or property tax bill as evidence. 2. I am a Residential Tenant because I rent a dwelling unit and have occupied the dwelling unit as my permanent residence and usual place of abode for not less than twenty-nine (29) days, I reside at the following address: and have attached an executed rental agreement or rent receipt as evidence, 3, I am a Business Owner, or authorized representative of such Business, or own real property, which is not my residence, The name and address of the business is: and have attached Business license issued by State of California or City, or City Business Tax Certificate, Property owners may also provide proof of ownership of real property, which is not used for primary residency in the Added Area as evidence. 4, I am a member of an Existinq Community Orqanization for either a service club L]' a church group LJ, a neighborhood organization LJ, or other community - 1 - ,;;), -17 organization LJ, which conducts its regularly scheduled meetings within and uses an address located within the Added Area, and am eligible to vote as a unit member, I have attached an official letter or resolution from the organization, on their letterhead, authorizing me to represent them. The name, address, and description of this community organization are: The reasons I would like to serve on the Project Area Committee are as follows (include prior experience in community affairs and/or other qualifications to serve on the Project Area Committee, and attach additional sheet, if necessary): I acknowledge that if elected as a PAC member, I will be required to complete a Statement of Economic Interest that discloses certain personal financial information concerning any financial interests I have in the Added Area (and my family and spouse, if applicable). I possess all the necessary qualifications to serve as a representative on the Project Area Committee and will participate in the regular PAC meetings. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct: Date and Place Signature Residence Address Qualifying Address (Address of Residence/Business/Existing Community Organization, whichever is applicable) Mailing Address Daytime Telephone Number Evening Telephone Number To be eligible for Project Area Committee membership, this completed application must be returned to and received by the Office of the City Clerk, 276 Fourth Avenue, Chula Vista, California 91910, no later than , Any applications received after those times will be put on file for consideration for future Project Area Committee vacancies, - 2 - c::2-/? Page 1, Item ~ Meeting Date 01/7.1/01 JOINT COUNCIL/REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: Audited Financial Statements for Fiscal Year ended June 30, 2002 powell~ SUBMITTED BY: Assistant City Manager City Manager~j& ~ '(~ v (4/5ths Vote: Yes---No~) REVIEWED BY: Presented for Council/Agency information and acceptance are the Audited Financial Statements for the fiscal year ended June 30, 2002, as prepared by the independent audit firm of Caporicci & Larson. Both the City's and the Agency's Annual Financial Reports received unqualified (clean) opinions from the independent audit firm. RECOMMENDATION: That Council and the Agency accept the fiscal year 2001-02 Financial Statements. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: Pursuant to the City Charter Section 1017, an annual audit is performed of the City's financial records by an independent accounting firm. The firm of Caporicci & Larson has examined the general purpose financial statements of the City of Chula Vista and the Redevelopment Agency, and issued their opinion that those statements "present fairly, in all material respects, the financial position of the City as of June 30, 2002 and the results of its operations and cash flows. . for the year then ended in conformi ty with generally accepted accounting principles." In addition, a separate report has been prepared for the Bayfront Conservancy Trust and also, a report covering State and Federal Grant compliance, termed a "Single Audit Report." The audit did not result in any material adjustments to previously reported year-end figures for the General Fund. Available Fund Balance was verified to be $31.2 million as of June 30, 2002, an increase of approximately $7.5 million over the balance as of the end of the previous fiscal year. This reserve level represents 28 percent of the operating budget as compared to the Council policy minimum target level of 8 percent. 3 - f Page 2, Item ~ Meeting Date 01/~1/0i This is the first year that the City and the Agency were required to report under completely new and very different reporting principles (Governmental Accounting Standards Board Statement No. 34) . Among the many changes, there is a new section titled Management Discussion and Analysis (page 3), the old Combined Balance Sheet has now become the Statement of Net Assets (page 19), and the old Combined Statement of Revenues, Expenditures and Changes in Fund Balances has now become the Statement of Activities (page 20). The Statement of Net Assets includes most notably the estimated value of City/Agency owned infrastructure, i.e. streets, sewers, buildings, etc., along with any long-term debt related to financing that infrastructure. The bottom line of this new report theoretically estimates that if the City ceased operations as of June 30, 2002, was able to sell all assets and payoff all liabilities, it would end up with $487.3 million (page 19) . The new Statement of Activities is a reformatted summary of revenues and expenditures on an activity or program level, showing the net cost of the various activities. General or discretionary revenues not specifically related to anyone activity are listed separately and added in to arrive at the overall Net Annual Operating Surplus of $22.5 million (page 21). This statement is now reported using the full accrual accounting basis similar to for-profit entities, where revenues are recorded when earned, and expenditures are recorded when a liability is incurred. In order to form a basis for their opinion, Caporicci & Larson evaluated the internal control procedures of the City and found no material weaknesses worthy of corrective recommendations to the Council. The audit firm was again very professional and efficient in their work, and provided a great deal of much-needed assistance in the conversion to the new mandated reporting formats. A representative from Caporicci & Larson is available to answer any questions you may have. FISCAL IMPACT: There is no fiscal impact to the City or Agency from this action. The contract for audit services totaled $54,170 for the year reported. 3-2-.