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HomeMy WebLinkAboutRDA Packet 2001/06/19 NOTICE OF CANCELLATION OF MEETING OF THE CHULA VISTA REDEVELOPMENT AGENCY NOTICE IS HEREBY GIVEN that the Regular Meeting of the Chula Vista Redevelopment Agency scheduled for Tuesday, June 19,2001 at 6:00 p.m. has been canceled. The Redevelopment Agency will meet for an Adjourned Regular Meeting on June 19, 2001 at 4:00 p.m. in the City Council Chambers in the Public Services Building, 276 Fourth Avenue, Chula Vista, CA., immediately following the City Council meeting. Notice is hereby given that the Chair of the Chula Vista Housing Authority has calied and will convene a special meeting of the Housing Authority, Tuesday, June 19, 2001 at 4:00 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: ShirleYH~ ~{~ ~...- -- ----=' CIlY OF CHUlA VISTA TUESDAY. JUNE 19. 2001 COUNCIL CHAMBERS 4:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) JOINT MEETING OF THE REDEVELOPMENT AGENCY I CITY COUNCIL AND HOUSING AUTHORITY (SPECIAL MEETING) OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency /Council/ Authority Members Davis, Padilla. Rindone, Salas; Chair/Mayor Horton CONSENT CALENDAR The staff recommendations regarding the following itemls) listed under the Consent Calendar will be enacted by the Agency/Council/Authority by one motion without discussion unless an Agency/Council/Authority 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. APPROVAL OF MINUTES - Staff recommends the Redevelopment Agency/ City Council approve the minutes of the regular meeting of the Redevelopment Agency and adjourned meeting of the City Council for May 29, 2001; and that the Housing Authority approve the minutes of Special meetings on February 20, 2001, and May 29, 2001. 2. COUNCIL RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2001-02-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. [Deputy City Manager Powell] STAFF RECOMMENDATION: Council adopt the resolution. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency/City Council/Housing Authority on any subject matter within the Agency/Council/Authority's jurisdiction that is not an item on this agenda. IState law, however, generally prohibits the Redevelopment Agency/City Council/Housing Authority from taking action on any issues not included on the posted agenda.) If you wish to address the Agency/Council/Authority on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. PUBLIC HEARING The following itemls) 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 Cierk prior to the meeting. 3. a. 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 FISCAL YEARS ENDING JUNE 30, 2002 AND 2003-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, 2002 and 2003. Two work sessions were held to consider and deliberate on the recommendations contained in those initial documents. 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. [Deputy City Manager Powell; Director of Budget & Analysis] b. COUNCIL RESOLUTION ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2002. APPROPRIATING FUNDS THEREFOR, AND APPROVING IN CONCEPT THE PROPOSED BUDGETS FOR FISCAL YEAR 2003 c. AGENCY RESOLUTION 1734 AND HOUSING AUTHORITY RESOLUTION HA- 19 ADOPTING THE OPERATING BUDGETS FOR THE REDEVELOPMENT Redevelopment Agency, June 19, 2001 Page 2 AGENCY AND HOUSING AUTHORITY FOR FISCAL YEAR 2002, APPROPRIATING FUNDS THEREFOR, AND APPROVING IN CONCEPT THE PROPOSED BUDGETS FOR FISCAL YEAR 2003 STAFF RECOMMENDATION: The Council/Agency/Housing Authority accept public testimony and approve the resolutions adopting the fiscal year 2002 Operating and Capital Project Budgets as amended, appropriating the various sources of funding for the purposes indicated for the fiscal year ending June 30, 2002, and approving in concept the Operating and Capital Project Budgets for the fiscal year ending June 30, 2003. 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. 4. CONSIDERATION OF A REQUEST FROM AVALON COMMUNITIES LLC FOR ADDITIONAL FINANCIAL ASSISTANCE TO ASSIST WITH THE DEVELOPMENT OF A MIXED USE PROJECT. INCLUDING 106 AFFORDABLE HOUSING UNITS, KNOWN AS MAIN PLAZA-On 6/13/00, the Council/Agency approved a special use permit, density bonus, and conditionally approved financial assistance in the form of a loan not-to- exceed $1,060,000 to Avalon Communities LLC for the development of a mixed use project comprised of 106 affordable multi-family units and 15,000 sq. ft, of retail commercial space, The "Main Plaza" project is proposed to be located on the northeast corner of Main Street and Broadway within the Southwest Redevelopment Project Area and the Montgomery Specific Plan area. In June 2000, the developer applied to the State Tax Credit Allocation Committee (TCAC) for their 9 percent low income housing tax credit program; however, due to a very competitive funding round, the project did not receive the tax credit allocation. Since then the development applied for multi-family revenue bonds from the California Debt Limit Allocation Committee (CDLAC) and in May 2001, the project received a bond allocation of approximately $6.5 million. It is anticipated that the project will receive from the accompanying 4 percent tax credit program $3.4 million in tax credit equity. The $1,060,000 in Agency financial assistance was to provide gap financing required under the original financing proposal for 9 percent tax credits. With the change in the project's major financing sources to bonds and 4 percent tax credits, a larger financing gap now exists. The developer has been actively seeking other sources of funds to help in filling the larger financing gap for the project; however, to date has been unsuccessful in its funding applications. [Community Development Director] Redevelopment Agency, June 19, 2001 Page 3 STAFF RECOMMENDATION: Redevelopment Agency adopt the following resolution: RESOLUTION NO. 1735 OF THE REDEVELOPMENT AGENCY AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING ADDITIONAL FINANCIAL ASSISTANCE. SUBJECT TO FUTURE APPROPRIATION, IN THE FORM OF A LOAN FROM HOME FUNDS AND THE LOW AND MODERATE INCOME HOUSING FUND IN AN AMOUNT NOT -TO-EXCEED $300.000 AND $450.000. RESPECTIVELY. TO AVALON COMMUNITIES LLC FOR THE DEVELOPMENT OF A MIXED USE PROJECT. INCLUDING 106 AFFORDABLE HOUSING UNITS 5. OTHER BUSINESS 6. DIRECTOR'S REPORT(S) 7. CHAIR/MAYOR REPORT(S) 8. AGENCY/COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to a Closed Session and thence to an adjourned meeting of the Redevelopment Agency on July 10, 2001 at 6:00 p.m., immediately following the City Council meeting in the City Council Chambers. CLOSED SESSION Unless Agency Counsel, the Executive Director, City Councilor the Redevelopment Agency states otherwise at this time, the Agency/Council will discuss and deliberate on the following itemls) 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, the report of final action taken will be recorded in the minutes which will be available in the Office of the Secretary to the Redevelopment Agency and the City Clerk's Office. 9. CONFERENCE WITH REAL PROPERTY NEGOTIATOR --Pursuant to Government Code Section 54956.8 Property: Assessor Parcel Nos. 568-270-03; 568-270-11 (approximately 2.85 acres located at the southeast corner of Fourth Avenue and F Street) Negotiating Parties: City Council/Redevelopment Agency (Sid Morris/ Chris Salomone) and Chula Vista Center (Robert Caplan) Under Negotiations: Price and terms for acquisition Redevelopment Agency, June 19, 2001 Page 4 ********* COMPLIANCE WITH THE 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 1619) 691-5047 or Telecommunications Devices for the Deaf (TDD) at 1619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, June 19, 2001 Page 5 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL, A REGULAR MEETING OF THE REDEVELOPMENT AGENCY, AND A SPECIAL MEETING OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA February 20, 2001 6:00 p.m. An Adjourned Regular Meeting of the City Council, a Regular Meeting of the Redevelopment Agency, and a Special Meeting of the Housing Authority of the City of Chula Vista were called to order at 6:16 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: AgencylHousing Authority/Councilmembers Padilla, Rindone, Salas, and Chair/Mayor Honon ABSENT: Agency/ Housing Authority/ Councilmembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/Authority/City Attorney Kaheny, City Clerk Bigelow CONSENT CALENDAR 1. APPROVAL OF MINUTES OF FEBRUARY 6,2001 Staff recommendation: The Agency/Council approve the minutes of the Adjourned Regular Meeting of the City Council and Regular Meeting of the Redevelopment Agency of February 6, 2001. 2. AGENCY RESOLUTION NO. 1714, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO. 1673 REGARDING CONDITIONAL APPROVAL OF A RESIDUAL RECEIPTS LOAN FROM THE LOW/MODERATE INCOME HOUSING FUND NOT-TO-EXCEED $1,060,000 TO AVALON COMMUNITIES LLC, FOR THE DEVELOPMENT OF A MIXED USE PROJECT, INCLUDING 106 AFFORDABLE HOUSING UNITS On June 13, 2000, the Agency conditionally approved financial assistance in support of "Main Plaza", a mixed-use residential/commercial project involving 106 affordable units. The developer, Avalon Communities, has requested amendments to the tenns and conditions of the proposed Agency loan. (Community Development Director) Staff recommendation: The Agency adopt the resolution. /-1 CONSENT CALENDAR (Continued) ACTION: Agency/Authority/Councilmember Rindone offered the Consent Calendar, headings read, texts waived. The motion carried 4-0-1 on Item #1, with Agency/Authority/Councilmember Salas abstaining, and 5-0 on Item #2. ORAL COMMUNICATIONS There were none. ACTION ITEMS 3. a. HOUSING AUTHORITY RESOLUTION REGARDING ITS INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS FOR A PROPOSED AFFORDABLE SENIOR AND MUL TIP AMIL Y HOUSING PROJECT KNOWN AS HERITAGE TOWN CENTER WITHIN THE OTAY RANCH MASTER PLANNED COMMUNITY b. AGENCY RESOLUTION CONDITIONALLY APPROVING FINANCIAL ASSISTANCE, SUBJECT TO FUTURE APPROPRIATION, IN THE FORM OF A RESIDUAL RECEIPTS LOAN FROM THE LOW AND MODERATE INCOME HOUSING FUND IN AN AMOUNT NOT-TO-EXCEED $4,330,000 TO SOUTH BAY COMMUNITY VILLAS, LP. FOR THE DEVELOPMENT OF THE PROPOSED 271 UNIT HERITAGE TOWN CENTER The City of Chula Vista received a request fi-om South Bay Community Villas, LP., a partnership between the Otay Ranch Company and South Bay Community Services, to consider the issuance of tax exempt obligations to finance the development of a 27 I-unit complex for low and moderate income households, 91 units for seniors and 180 units of multi-family housing, within the Otay Ranch master planned community. The project is to be known as "Heritage Town Center," located on 9.3 acres of vacant land in the Otay Ranch Village I tentative map R47 and CI sites, on East Palomar Street between Santa Rita and Santa Andrea Avenues in Chula Vista. Additionally, the Redevelopment Agency received a request for financial assistance for the project, and the City is being asked to waive certain City fees and to grant additional credits for units based upon affordability levels and large bedroom sizes. (Community Development Director) Community Development Director Salomone presented the proposed Otay Ranch Villagé I affordable housing project, highlighting such areas as Housing Element requirements; concentration issues; west-side mitigation; financing; and affordable housing credits. He discussed the policy issue of whether concentration of the low-income units warranted an off-site mitigation for all or a portion of the proposed units. He stated that the primary objective was to increase low-income housing opportunities within the eastern communities of the City, since those are where projects of over 50 units generally occur. The developer is required to meet fifty percent of its low-income housing obligation and has done so by providing a mix of senior and four-bedroom units. Mr. Salomone explained that (I) moving the units to the western side of the City would provide an Page 2 CounciIIRDA/Housing Authority Minutes (-:2- 02/20/2001 ACTION ITEMS (Continued) opportunity to revitalize the Broadway corridor, a Council goal established in 1998; (2) certain development fees on the east side of the .city do not occur on the west side, and, therefore, some economies would accrue to the development of low-income units on the western side, particularly with regard to the Trans DIP and 125 DIP fees; (3) there is potential for other opportunities within Otay Ranch holdings to mitigate this obligation, particularly in Building 6, and these obligations could be integrated into a larger project or at a different site and still occur in the eastern part of the City. He asked Council to provide staff with direction to detennine the feasibility of alternative proposals, other than the one presented, and to give direction on off-site mitigation in the western part of the City or mitigation in another part of the Ranch. Staff recommends that the current proposal be allowed to proceed for the next funding cycle, however, the developer would prefer that the project either be approved or not approved, since the developer would not want to take the proposal to SDL'AC at the state level and then have to turn down tax credit financing. Housing Coordinator Arroyo summarized the proposed project, including the project design and financing. Agency/Housing/Councilmember Salas stated that the City should either commit to the project as it stands or not, rather than approving it for the purpose of submitting a funding application and then later trying to change the project or policy direction. Kathryn Lembo, 315 Fourth Avenue, representing South Bay Community Services, stated that an opportunity exists to offer low-income families the possibility of eventually owning a part of a project. She asked the CounciV Agency to consider moving part of the obligation to the west side to benefit those who will live in the units as well as the entire community. She also mentioned that a new school with 600 available seats will open on Broadway and K, and new projects built on the west side of the City will pay school and park fees, so new cooperatives could be designed to accommodate green space and tot lots. Agency/Housing/Councilmember Salas asked if such a cooperative could be built on the east side. Ms. Lembo replied that the issue was cost and that such projects worked better with smaller projects of about 50 units. Agency/Housing/Councilmember Padilla expressed concern that a small percentage of initial tenants would remain long enough to become part owners in a cooperative. He felt there were other ways to assist people with a low- or moderate-income status to attain home ownership. Ms. Lembo explained that in a current project, the ownership percentage during the first 15 years is low because the tax credit investor owns 99% of the project. In year 16, residents would share 90% ownership with South Bay Community Services. She also agreed that a cooperative was not the only way to homeownership and that other benefits, such as living close to the trolley, would be a factor, since many clients who leave transitional housing to move to low-income communities do not have vehicles. Agency/Housing/Councilmember Padilla asked whether the geographical location of the units was a legitimate issue of concern. Ms. Lembo replied that clients of South Bay Community Services desire a quality of life for their families that would include ownership, and it may mean living near transportation or in a rural community. Page 3 CouncillRDA/Housing Authority Minutes /-3 02/20/2001 ACTION ITEMS (Continued) AgencylHousinglCouncilmember Salas expressed concern with the projects' massive size and the density of units that would be concentrated in one area. She stated that a balance of all types of housing needs to be integrated into projects on the east side, as well as on the west side, and developers in other areas have proven that it can be done effectively. AgencylHousinglCouncilmember Davis stated that an opportunity to mitigate housing on the west side would be very positive because property values are lower, and new in:fTastructure, community services and amenities would be provided for residents on the west side. She pointed out that the state is allocating large sums of money for "smart growth" areas, and the state looks at "smart growth" in tenns of areas in close proximity to transit lines. The City also needs to encourage higher density in the older parts of t,he City to revitalize the downtown area. She supported the cooperative concept and pointed out that when the bay:fTont is developed, property values on the west side of the City will increase tremendously. She suggested that the Council keep its options open and consider mitigation on the west side on a project-by-project basis. Mayor Horton expressed concern with the high number of units located in a small area, which could lead to management problems, and also with parking issues, since many of the units may have two or three cars. She stated that there were existing projects on the west side of the City in need of renovation, and she felt it was Council's responsibility to make the right planning decision and assist as many families as possible in achieving home ownership. AgencylHousinglCouncilmember Salas pointed out that the City's past investments on the west side were starting to payoff; and there is healthy competition among developers competing to build good projects on the west side. She added that it was Council's responsibility not only to replace low-income housing, but also to add new housing to the community. The City also needs to keep its commitment to have a variety of housing, including low to moderate income housing on the east side, and not concentrate it all on the west side. AgencylHousinglCouncilmember Padilla stated the Council needs to defend its policy incorporated into the Housing Element adopted only last December of integrating low and moderate-income housing into development on the east side of the City and to proceed with delivering the proposed products to serve families in Chula Vista who need them. He explained that if the Council did not support the proposed project, the developer would face a situation wherein the present financing cycle would be missed, the developer would have to go back to the drawing board to find a way to meet its obligations, which could not be done in time, and then have to be prepared to come up against the City's threshold, which would ultimately bring the development in Otay Ranch to a standstill. Mayor Horton stated that Council did have some flexibility within its own policy, and the Council, at its sole discretion, could make alternative suggestions based on the different unique developments that occur within the community. Page 4 CounciVRDAiHousing Authority Minutes (-t! 0212012001 ACTION ITEMS (Continued) ACTION: Mayor Horton moved to approve allowing the 91 low income senior units to be built; have the developer be responsible to provide half of the remaining units in the next village or next phase, and allow the remaining number of units to be built on the west side of the City; and to direct Staff to come back with a report that would allow that scenario to happen in the future, with a solid commitment and a timefÌ'ame, and the remaining units should be in the two, three, and four bedroom category for families. Agency/Housing/Councilmember Salas stated that she would support the motion only if the units to be developed on the west side would add significantly to the community in tenus of social services, cultural activities, and parks. ACTION: Agency/Housing/Councilmember Padilla offered a friendly amendment to the motion that staff be directed to bring back various options and alternatives for Council consideration. Kent Aden, representing the Otay Ranch Company, spoke in support of the motion, but requested clarification that the Otay Ranch Company would still be able to negotiate and bring back, as part of the proposal, some of the density bonus issues that were previously discussed with staff relative to providing the higher bedroom count, and that Council would be recommending some type of relief from the current threshold relative to Otay Ranch Company's present inability with having to defer on submitting the 90 units to SDLAC. Mayor Horton agreed that Council would have to make those adjustments. City Manager Rowlands stated that since a good faith effort had been made by the developer with City staff to solve the issues, staff could waive the August 1 st cap. Mr. Aden stated that he was excited about the mixed use project and felt it to be the best project that Otay Ranch had done to-date. Agency/Housing/Councilmember Salas expressed concern about allowing additional building penuits and emphasized that one of the flexibilities in the city's housing element was that there must be a finding that new construction within a project creates an unreasonable hardship on the developer. She felt there was too much room for a developer to get out of its obligation, and she wanted stronger assurances that the developer intends to follow through with its obligations on the rest of the villages. Deputy City Attorney Hull stated that staff would work with the developer to secure the future development of the obligations in other villages. Agency/Housing/Councilmember Rindone felt that there were two policy issues to be considered, density and the equitable distribution of housing to the west side. He indicated that he would not support moving the obligations fÌ'om the east to the west side, and added that the City needs to ensure that opportunities and mixed u'ses exist throughout the city. ACTION: The motion carried 4-1, with Agency/Housing/Councilmember Rindone OppOSIng. Page 5 CounciJ/RDAlHousing Authority Minutes I-S- 02/20/2001 OTHER BUSINESS 4. EXECUTIVE DIRECTOR'S REPORTS There were none. 5. CHAllVMAYORREPORTS There were none. 6. AGENCY/AUTHORITY COMMENTS There were none. CLOSED SESSION 7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 a. Property: Assessor Parcel Nos. 568-270-03; 568-270-11 (approximately 2.85 acres located at the southeast comer of Fourth Avenue and F Street) Negotiating Parties: City Council/Redevelopment Agency (Sid Morris / Chris Salomone) and Chula Vista Center (Robert Caplan) Under Negotiation: Price and terms for acquisition No action was taken. b. Property: Assessor Parcel Nos. 568-270-30; 344 "F" Street (approximately .25 acres located at the southeast comer of Fourth Avenue and Garrett) Negotiating Parties: City Council/Redevelopment Agency (Sid Morris / Chris Salomone) and Park Centre (Richard Zogob) Under Negotiation: Price and terms for acquisition No action was taken. ADJOURNMENT At 8:20 p.m., Mayor Horton adjourned the meeting to the Adjourned Regular Meeting of the Redevelopment Agency on March 6, 2001 at 4:00 p.m., immediately following the City Council meeting. Respectfully submitted, ~ õl-~'i?~ Susan Bigelow, CMC, AAE, City Clerk 1- ~ Page 6 Council/RDA/Housing Authority Minutes 02/20/2001 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY AND A SPECIAL MEETING OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA May 29,2001 6:00 p.m. Adjourned Regular Meetings of the City Council and the Redevelopment Agency and a Special Meeting of the Housing Authority of the City ofChula Vista were called to order at 10:12 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Agency/Authority/Councilmembers Davis, Padilla, Rindone, Salas and Chair/Mayor Horton ABSENT: Agency/ Authority/Councilmembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/Authority CounseVCity Attorney Kaheny, and City Clerk Bigelow CONSENT CALENDAR 1. APPROVAL OF MINUTES of May 8 and May 15,2001 Staff recommendation: Agency/ Council approve the minutes. ACTION: Chair/Mayor Horton moved to approve the Consent Calendar, heading read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARING 2. JOINT REDEVELOPMENT AGENCY/CITY COUNCIL PUBLIC HEARING TO CONSIDER ADOPTION OF AN URGENCY ORDINANCE AND A NEW ORDINANCE TO PROHIBIT THE ESTABLISHMENT OR EXPANSION OF OUTDOOR STORAGE USES; AND TOLLING THE OPERATION OF EXISTING OUTDOOR STORAGE USES WITHIN THE REDEVELOPMENT PROJECT AREAS- The City's redevelopment project areas were fonned in order to eliminate various conditions of blight. Currently, the land use policies that apply to the redevelopment project areas are inadequate to address the blighting influences of outdoor storage uses. The establishment of new outdoor storage uses, or the expansion of existing uses, in the redevelopment project areas could result in the further reduction of land that is available for redevelopment and hinder the implementation of the various redevelopment plans and the achievement of their goals and objectives. (Community Development Director; continued ftom the meeting of 5/8/0 I) /-r PUBLIC HEARING (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Chair/Mayor Horton opened the public hearing. There being no members of the public wishing to speak, she then closed the hearing. ACTION: Agency/ Authority/Councilmember Padilla offered Urgency Ordinance No. 2836A for adoption and Ordinance No. 2836 for first reading. URGENCY ORDINANCE NO. 2836-A, URGENCY ORDINANCE OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA PROHIBITING THE ESTABLISHMENT OR EXPANSION OF OUTDOOR STORAGE USES; AND TOLLING THE OPERATION OF EXISTING OUTDOOR STORAGE USES WITHIN THE REDEVELOPMENT PROJECT AREAS ORDINANCE NO. 2836, ORDINANCE OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA PROHIBITING THE ESTABLISHMENT OR EXPANSION OF OUTDOOR STORAGE USES; AND TOLLING THE OPERATION OF EXISTING OUTDOOR STORAGE USES WITHIN THE REDEVELOPMENT AREAS The motion carried 5-0. 3. CITY COUNCIL PUBLIC HEARING TO CONSIDER THE ISSUANCE OF TAX EXEMPT OBLIGATIONS WITH RESPECT TO THE HERITAGE TOWN CENTER AFFORDABLE HOUSING PROJECT The City of Chula Vista and its Housing Authority received a request from South Bay Community Villas, LP., a partnership between The Otay Ranch Company (ORC) and South Bay Community Services, to consider the issuance of tax exempt obligations to finance the development ofa 271-unit affordable housing complex, consisting of91 units for seniors and 180 units of multifamily housing, within the Otay Ranch master planned community. The proposed "Heritage Town Center" project is located on 9.3 acres of vacant land in the Otay Ranch Village I tentative map R47 & CI sites on East Palomar Street, between Santa Rita and Santa Andrea Avenues. Additionally, the Redevelopment Agency received a request for financial assistance for the project, and the City is being asked to waive certain City fees. The project is being developed to satisfy ORC's Otay Ranch Sectional Planning Area One affordable housing obligation of 242 low-income units. (Community Development Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Chair/Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak; there was no response. She then closed the hearing. Page 2 CouncillRDA/Housing Authority Minutes I-?? OS/29/2001 PUBLIC HEARING (Continued) ACTION: ChairlMayor Horton offered Housing Authority Resolution HA-18, Council Resolution No. 2001-164, Agency Resolution No. 1730, and Council Resolution No. 2001-165, headings read, texts waived: HOUSING AUTHORITY RESOLUTION HA-18, RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS FOR A PROPOSED AFFORDABLE SENIOR AND MULTIFAMILY HOUSING PROJECT KNOWN AS HERITAGE TOWN CENTER WITHIN THE OTAY RANCH MASTER PLANNED COMMUNITY COUNCIL RESOLUTION NO. 2001-164, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SALE, ISSUANCE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS BY THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR THE PROPOSED HERITAGE TOWN CENTER AFFORDABLE HOUSING PROJECT AGENCY RESOLUTION 1730 AND COUNCIL RESOLUTION NO. 2001-165, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING FINANCIAL ASSISTANCE, SUBJECT TO FUTURE APPROPRIATION, IN THE FORM OF A RESIDUAL RECEIPTS LOAN FROM THE LOW AND MODERATE INCOME HOUSING FUND IN AN AMOUNT NOT TO EXCEED $4,400,000 AND A TEN YEAR DEFERRAL OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE, WAIVER OF THE RESIDENTIAL CONSTRUCTION FEE, AND WAIVER OF THE PARK FEE TO SOUTH BAY COMMUNITY VILLAS, LP. FOR THE DEVELOPMENT OF THE PROPOSED 271 UNIT HERITAGE TOWN CENTER (4/5THS VOTE REQUIRED) Agency/ Authority/Councilmember Padilla seconded the motion and it carried 5-0. OTHER BUSINESS 4. EXECUTIVE DIRECTOR'S/CITY MANAGER'S REPORTS There were none. 5. CHAIR/MA YOR REPORTS There were none. 6. AGENCY/AUTHORITY/COUNCIL COMMENTS There were none. Page 3 Council/RDAlHousing Authority Minutes (- '1 OS/29/2001 CLOSED SESSION Chair/Mayor Horton announced that Closed Session was cancelled, and the following item was not discussed. 7. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGTION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) Agency vs. Rados Bros. [Case No. GlC734557-1] ADJOURNMENT At 10:20 p.m., ChairlMayor Horton adjourned the meeting to the Regular Meeting of the Redevelopment Agency on June 5, 2001 at 4:00 p.m. Respectfully submitted, ~ tU:.~ ~ ð O--~ Susan Bigelow, CMC/AAE, City Clerk 1- /0 Page 4 CounciVRDAlHousing Authority Minutes OS/29/2001 COUNCIL AGENDA STATEMENT Item .J- Meeting Date 6/19/01 ITEM TITLE: Resolution Establishing the Appropriations Limit for the City of Chula Vista for Fiscal Year 2001-02 SUBMITTED BY: Deputy City Manager Powell t REVIEWED BY: City Manager2¿D¡V (4/5ths Vote: Yes _No---.2L) 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 $317,846,012 for the 2001-02 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. d. - / Page 2. Item Meeting Date 6/20/00 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 2001- 02 calculation, the population increased 5.12% and California per capita personal income increased by 7.82 %. The, new non-residential construction increased 4.61 % but was not used in the formula to compute the limit since this increase was lower than the increase in per capita personal income. The fiscal year 2001-02 Appropriation limit has been calculated as follows: Fiscal Year 2000-01 Appropriation Limit $280,434,917 Increased by an inflation factor composed of the increases in population and California per capita personal income X 1.1334 Fiscal Year 2001-02 Appropriations Limit $317.846.012 The "Proceeds of Taxes" as included in the fiscal year 2001-02 Proposed Budget that are subject to the appropriations limit are estimated to be $50,568,855 (see attachment). Therefore the City has what is referred to as an appropriation "gap" of $267,277,157 ($317,846,012 - $50,568,855). Simply stated, this means that the City could collect and spend up to $267,277,157 more in taxes during fiscal year 2001-02 without exceeding the Constitutional limit. FISCAL IMPACT: This action will enable the City to appropriate and spend tax revenues estimated at $50,568,855 in fiscal year 2001-02. d.-.2. Attachment I APPROPRIATION (GANN) LIMIT GAP CALCULATION FOR FISCAL YEAR 2001-02 Proceeds of Taxes F.Y. 2001-02 Proposed Budqet Property Taxes $ 12,505,000 Sales and Use Taxes 20,643,950 Transient Lodging Taxes 2,215,935 Utility Users Taxes 3,816,150 Other Local Taxes: Real Property Transfer 824,000 Business License 925,970 State Motor Vehicle Licenses 9,457,850 State Homeowners Property Taxes 180,000 Total Proceeds of Taxes 50,568,855 Appropriation Limit 317.846,012 GAP (Under Limit) ($267.277.157) 02 -3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2001-02 WHEREAS, Article KIIIB 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 $317,846,012 for the 2001-02 fiscal year. Presented by Approved as to form by " Robert Powell Deputy City Manager J,\Attorney\RESO\Appropriation Limit for FY 2001-02.doc d - cj JOINT REDEVELOPMENT AGENCY/HOUSING AUTHORITY/COUNCIL AGENDA STATEMENT Item ..3 Meeting Date 6/19/01 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 Fiscal Years Ending June 30, 2002 and 2003. Council Resolution: Adopting the Operating and Capital Improvement Budgets for the City of Chura Vista for Fiscal Year 2002, Appropriating Funds Therefor.., and Approving in Concept the Proposed Budgets for Fiscal Year 2003. Agency/Housing Authority Resolutions: Adopting the Operating Budgets for the Redevelopment Agency and Housing Authority for Fiscal Year 2002, Appropriating Funds Therefor, and Approving in Concept the Proposed Budgets for Fiscal Year 2003. SUBMITTED BY: Deputy City Manager Powell Ý Director of Budget & Analysis <f REVIEWED BY: City Manager 6^~)1~ (4/5ths Vote: Yes _No.-lL) k'¡ 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, 2002 and 2003. Two 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. 3-1 Page 2, Item- Meeting Date 6/19/01 RECOMMENDATION: Accept any public testimony, approve the resolutions adopting the fiscal year 2002 Operating and Capital Project Budgets as amended, appropriating the various sources of funding for the purposes indicated for the fiscal year ending June 30, 2002, and approving in concept the Operating and Capital Project Budgets for the fiscal year ending June 30, 2003. BOARDS & COMMISSION RECOMMENDATION: Not Applicable DISCUSSION: The City Manager presented the proposed Operating and Capital Improvement Budgets for fiscal years 2002 and 2003 to the City Council for consideration in the month of May. The proposed spending plan for all Funds, including Capital Projects totaled $220.8 million for fiscal year 2002 and $195 million for fiscal year 2003. Included in these totals were General Fund spending plans totaling $100.7 million for fiscal year 2002 and $103 million for fiscal year 2003. Also included were recommended spending allocations for Capital Improvements ($36.8 million and $20.3 million), Redevelopment Agency Funds ($6.2 million and $5.9 million), and the Housing Authority ($13,135 and $13,150) for the same two year period. The Council held workshops on June 11 & 13 to receive staff presentations on significant budget issues and to deliberate on any and all areas of the City Manager's proposal. The budgets submitted at this time for formal adoption represent the City Manager'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 $227.5 million for fiscal year 2002 and $197.5 million for fiscal year 2003, including General Fund spending plans of $100.8 million and $103.1 million for the two years. The all-Funds total also includes spending allocations for Capital Improvements ($43.5 million and $19.3 million), Redevelopment Agency Funds ($6.2 million and $5.9 million), and the Housing Authority ($313,135 and $313,150). The large increase in the overall total is generally due to funding identified for the CIP budget. Estimated revenues (Attachment D) total $230 million and $211.5 million for the two fiscal years, exceeding the proposed spending plans by approximately $2.5 million (1.1%) in fiscal year 2002 and $14 million (7.1%) in fiscal year 2003. 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 3-.2 Page 3, Item- Meeting Date 6/19101 operating budget is funded in total by estimated revenues, with no impact on available Fund balance expected. Although the Proposed Budget covers two fiscal years, the recommendation is necessarily to adopt and appropriate funds for only the fiscal year ending June 30, 2002 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, 2003, but formal adoption, including appropriation of funds will not be requested until June, 2002. FISCAL IMPACT: Adoption of the City Manager's proposed budgets provides Council- approved spending plans for the fiscal years ending June 30, 2002 and 2003, and formally appropriates $227.5 million in funding for specific activities for the fiscal year ending June 30, 2002. J:\finance\data\memos\directorlbudO2113 3-3 ATTACHMENT A ~N" ~omrl~~"""""'rlom"""'rl""" N"'OON""NN""""O~O~Nm~OO""O~Orlom~"""" ~ 000 Nrl"'N"""rl"'N~rlrlO"'Nm '" m""oo"""'~m"""'O~~rl""N~o",momO""O"""'N'" <5;::.g """""""rlm~"""'om""N""m""m NmO""""""""""rlOrlNm~~momOOrlONO"""rlm >-~; i;:i~:iiii~;iii~~~:i:;; i ii:ii~::;i:;;i;i";c-ii~i:::~i~:;;";:ici::::i~i~~ g ~ ",.,.m",mrl"'rlo~",m""N"" omm""m"'N""NN N Nm m""o m~N'" N ~ c-imÑmÑc-iÑ~ô~m~~ô .,. ....rl ~Orl rlrl m NON rl 'C~. 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'" '" .3 -.;J d- ATTACHMENT D gß g ~ :i5:8 N I- "'" "t co... 1;:; j . .... ~ ~ ~ ~ <IJ W NO '" '" ~~ ~ ~ 1;:;!¡ ~ I- <IJ W ~O '" It') "'... ~~ ~~ ~-~ 1;::rl ...~ ~ 0. c>-' ~... 0'" 15'" '" '" .... ~i= '" ~ "'~ '"-' 0'" 0'" '"""", .... ~i= >0 "'", "'-' a '" 0'" '" """, .... ~i= >0 """ 0 z ::;¡ "' ~ ¡¡; 0 0 :J: . Z I- ::;¡ ::;¡ "' '" <IJ > I- ~ ~ <IJ -' 0. 0 '" ~ '" ~ ~ 0'. I- 0'. II: "' ,~ g¡ :'~ ~ ::J ~~ ~Ö ~ - on - N ;:! I- ¡¡¡ ~ ¡¡¡ g¡ 0 ZE' E' I- Ben-' en-' ~ 0 Q);:! Q) ;:! <I! ~~~ ~~ '-' 0 a a Z a a ::;¡ '" '" "' '" '" 3-.2-3 RESOLUTION NO. 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 2002, APPROPRIATING FUNDS THEREFOR, AND APPROVING IN CONCEPT THE PROPOSED BUDGETS FOR FISCAL YEAR 2003 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 budgets for the Redevelopment Agency and Housing Authority for the fiscal years ending June 30, 2002 and 2003; and WHEREAS, two 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 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 2002, and approve in concept the proposed budgets for Fiscal Year 2003. BE IT FURTHER RESOLVED that the City Council approve the appropriation of funds for Fiscal Year ending June 30, 2002 as specified in Attachment A. Presented by Approved as to form by ~ Robert Powell Deputy City Manager J,\Attorney\RESO\Operating & cap. tmprov. Budget2002-03.doc 3-.2tf RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY/ HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGETS FOR THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY FOR FISCAL YEAR 2002, APPROPRIATING FUNDS THEREFOR, AND APPROVING IN CONCEPT THE PROPOSED BUDGETS FOR FISCAL YEAR 2003 WHEREAS, the Redevelopment Agency and Housing Authority of the City of Chula vista received and considered the City Manager's proposed operating budgets for the Redevelopment Agency and Housing Authority for the fiscal years ending June 30, 2002 and 2003; and WHEREAS, two 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 agency/Housing Authority 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 Agency/Housing Authority of the City of Chula vista do hereby adopt the Operating Budgets for the Redevelopment Agency and Housing Authority for Fiscal Year 2002, and approve in concept the proposed budgets for Fiscal Year 2003. BE IT FURTHER RESOLVED that the Redevelopment Agency/Housing Authority approve the appropriation of funds for Fiscal Year ending June 30, 2002 as specified in Attachment A. Presented by Robert Powell Deputy city Manager J,\Attorney\RESO\Operating & cap. tmprov. slidget Agency J-.z::- JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: 4 MEETING DATE: 06/19/01 ITEM TITLE: CONSIDERATION OF A REQUEST FROM AVALON COMMUNITIES LLC FOR ADDITIONAL FINANCIAL ASSISTANCE TO ASSIST WITH THE DEVELOPMENT OF A MIXED USE PROJECT, INCLUDING 106 AFFORDABLE HOUSING UNITS, KNOWN AS MAIN PLAZA JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING ADDITIONAL FINANCIAL ASSISTANCE, SUBJECT TO FUTURE APPROPRIATION, IN THE FORM OF A LOAN FROM HOME FUNDS AND THE LOW AND MODERATE INCOME HOUSING FUND IN AN AMOUNT NOT-TO-EXCEED $300,000 AND $450,000, RESPECTIVELY, TO AVALON COMMUNITIES LLC FOR THE DEVELOPMENT OF A MIXED USE PROJECT, INCLUDING 106 AFFORDABLE HOUSING UNITS 5UBMInED BY: COMMUNITY DE~~LOPMENT DIRECTOR ~~ ~ REVIEWED BY: CITY MANAGER (~CJiL- 4/5TH5 YOTE: YE50NOD BACKGROUND On June 13, 2000, the City and Agency approved a special use permit, density bonus, and . conditionally approved financial assistance in the form of a loan not to exceed $1,060,000 to Avalon Communities LLC for the development of a mixed-use project comprised of 106 affordable multifamily units and 15,000 square feet of retail commercial space (reference Resolution No. 1673). The project, known as "Main Plaza", is proposed to be located on the northeast corner of Main Street and Broadway within the Southwest Redevelopment Project Area and the Montgomery Specific Plan. (Exhibit 1) As Council is aware, the developer applied to the State Tax Credit Allacation Committee (TCAC) for the 9 percent low-income housing tax credit program in June 2000 to substantially finance the project. Unfortunately, due to a very competitive funding round the project did not receive a tax credit allocation. Only one project out of the thirteen San Diego County projects received funding during the June 2000 cycle, Since then, the developer applied for multifamily revenue bonds from the California Debt Limit Allocation Committee (CDLAC) and in May 2001, the project received a bond allocation of 4-/ PAGE 2, ITEM NO.: MEETING DATE: 06/19/01 approximately $6.5 million. It is anticipated that the project will receive from the accompanying 4 percent tax credit program $3.4 million in tax credif equity. The $1,060,000 in current Agency financial assistance was to provide gap financing required under the original financing proposal for 9 percent tax credits. With the change in the project's major financing sources to tax exempt bonds and 4 percent tax credits, a larger financing gap now exists, an additional gap of $924,000 now exists. The developer has been actively seeking other sources of funds to help in filling the larger financing gap for the project. The Developer has applied for funds from the State of California Multifamily Housing Program (MHP) and the State Farmworker Housing Grant (FWHG) program. However, at this time, the Developer has been unsuccessful in its funding applications, To facilitate the development of Main Plaza, the developer has requested from the City/Agency an additional $750,000 in financial assistance ($300,000 from the City's HOME funds and $450,000 from the Agency's Low and Moderate Income Housing Set-Aside fund). Staff supports this conditional financial assistance subject to negotiation of satisfactory terms and conditions of a Regulatory and Loan Agreement at a later date. RECOMMENDATION It is recommended fhat the City Council and Redevelopment Agency approve the resolution conditionally approving additional financial assistance in an amount not to exceed $750,000 ($300,000 from the City's HOME funds and $450,000 from the Agency's Low and Moderate Income Housing Set-Aside fund) to Avalon Communities for the development of a mixed-use project, including 106 affordable units. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION Proiect Description The project will include 106 affordable housing units and 15,000 square feet of retail commercial space with 180 residential and 73 commercial parking spaces. The mixed-use building will contain 15,000 square feet of ground-level commercial space, with residential garages in the back and 2-levels of residential above the garages. There are seven residential buildings throughout the site. There will be a total of 106 housing units, consisting of 52 two-bedroom units, 30 three-bedroom units, and 24 four-bedroom units, The proposed project will also offer a swimming pool, community room, garages, and social services provided by a local social agency, Casa Familiar. 4-d.- PAGE 3, ITEM NO.: MEETING DATE: 06/19/01 Proposed Fjnancina of the Project When the project was originally approved in June 2000, the Developer anticipated using the 9 percent low-income housing tax credit program to substantially finance the $13.1 million cost of project. At such time, the Agency conditionolly approved $1,060,000 or $10,000 per unit in financial ossistonce for the project ond such assistance wos sufficient to close the finoncing gop. Unfortunately, due to a very competitive funding round the project did not receive a 9 percent tax credit allocation. The developer is now proposing to use tax exempt multifamily revenue bonds and 4 percent low income housing tax credit financing to substantially support the estimated $13,685,440 cost of constructing the project. Sources of funding for the project will include approximately $6.5 million in a bond allocation and $3.4 million in tax credit equity from private investors, and $3.78 million from other sources. The change in funding programs and slightly higher development costs have resulted in a larger financing gap, originally $1,660,000 and now $3,781,325. The developer has committed to continue to submit funding applications to the State Farmworker Housing Grant (FWHG) program and other financing programs within the next few months to assist with the financing gop. However, the State requires the final issuance and closing of bonds by August 2001. Therefore, the developer must secure all project financing by July 2001 and has requested additional financial assistance of approximately $750,000, $300,000 from the City's HOME funds and $450,000 from the Redevelopment Agency's Low and Moderate Income Housing Set-Aside fund, to make the project financially feasible in the interim. Should the developer be successful in obtaining additional financing from other sources, the developer would make poyments immediately on the proposed City/Agency loan of $750,000, The $750,000 requested is in oddition to the $1,060,000 already approved from the Agency's Low and Moderate Income Housing Set-aside Fund. Therefore, the total requested assistance from the Agency is $1,810,000 or an average of $17,075 per unit. Staff has evaluoted the current proforma submitted by Avalon Communities indicating a financing gap in the amount of $3,781,325 for the project. The financing gap will be filled by City/Agency financial assistance, the deferral of the entire developer fee, and donated land costs. Staff supports providing an additional City/Redevelopment Agency loan to fill the financing gap directly related to the residential units. Financial assistance for the residential units will be subject to negotiation of satisfactory terms of the Regulatory Agreement and Loan Agreement and the approval of such terms and documents by the Agency at a later date. 4-3 PAGE 4, ITEM NO.: MEETING DATE: 06/19/01 PROFORMA SUBSIDY ANALYSIS 2000 2001 Description Cost Funds Financing Cost Funds Financing Gap Gap Project Cost: $ 13,125,000 $ 13,685,440 Sources of Funds: Tax Credit Financing $ 5,045,600 $ 3,389,065 Permanent Loan or Bonds $ 6,419,400 $ 6,515,050 Subtotal $ 13,125,000 $ 11,465,000 $ 1,660,000 $ 13,685,440 $ 9,904,115 $ 3,781,325 Developer Deferred Fee $ 600,000 $ 1,200,000 Donated Land $ - $ 771,325 City/Agency Subsidy $ 1,060,000 $ 1,810,000 Subtotal $ 1,660,000 $ 3,781,325 TOTAL $ 13,125,000 $ 13,125,000 $ $ 27,370,880 $ 13,685,440 $ 13,685,440 City/Agency Subsidy per Unit ~ $ 10,000 $ 17,075 City Agency Leverage (Project Cost / by City/Agency Subsidy) $ 13: $ 1 $ 7.60: $ 1 Staff is recommending thot the City/Agency conditionally approve additional finoncial assistance (subject to future appropriation) in an amount not to exceed $750,000. Total financial assistance would be $1,810,000 (avg $17,075 per unit). Staff recommends that the City/Agency's subsidy range from $10,000 for a two-bedroom unit and increasing to $30,000 for a four-bedroom unit. The provision of large bedroom units (three and four bedroom units) is very difficult to provide because of higher development costs and because they are the most scarce in the rental housing market. This amount is reasonable given the maximum bond and tax credit allocation. Description No. of Units Recommended TOTAL City/Agency Subsidy Leveraaina of Citv/Aaency Funds The degree of leveraging of City/Agency Low Income housing funds is an important factor which staff takes into account in the evaluation of affordable housing proposals. Over the past year staff has developed a proposal evaluation criteria which includes a review of the developer's track record, success in securing public and private financing, ability to complete projects on time and on budget and demonstrated ability to highly leverage City/Agency funds. In most cases staff has been using a minimum of 5 to 1 ratio as a general leveraging standard of City/Agency funds, which encourages developers to be more competitive and creative. The result is that this 4-c.j PAGE 5, IIEM NO.: MEETING DAlE: 06/19/01 criterio increases the opportunity for the City/Agency to significantly leverage its financiol resources. The City/Agency's proposed total assistance to this project equates to $17,075 per unit and amounts to a high leveraging of $ 7 .60 to $1 of City/Agency funds. This leveraging ratio is calculated by dividing the total project cost of $13,685,440 by the amount of the total City/Redevelopment Agency assistance of $1,810,000. Undue Gain It is important that any financial ossistance provided has the effect of moking the units more affordable and not creating undue gain for any party. The developer will receive a "Developer Fee" estimated at $1,200,000 or approximately 9% of total project costs and consists of profit and overhead for developing the project. Avalon has agreed to defer their entire developer fee in order to make up the remaining financing gap in financing the project. Payments of the deferred developer fee will be paid out of the project's cash flow after debt service and operating expenses. Due to the minimal residual cash flow to be realized from this project, it is anticipated that it will take a minimum of ten years to realize payment on the deferred developer fee. Staff has confirmed that the developer fee is within acceptable standards adopted by the State Tax Credit Allocation Committee and the Federal Home Loan Bank's Affordable Housing Program for a project of this size and affordability. Form of Assistance City/Agency assistance will be provided strictly for the development of the residential units and will be in the form of a loan secured by a promissory note and deed of trust. Once the building permits for a minimum of 66 units (62% of the units) have been finaled, it is anticipated that any and all of the $750,000 loan would be repaid if the developer was successful in obtaining additional funding, specifically from the FWHG program. Repayment of the remaining, if any, outstanding principal and interest on the loan will be deferred during the remaining period of construction. Once the City has issued a certificate of occupancy for all the units, the outstanding principal and interest on the loan will be repaid over fifty-five years based upon residual receipts. The outstanding balance shall accrue with simple interest at 3 percent per annum. Payment of principal and interest, or portions thereof, on the City/Agency loan shall be made on an annual basis, out of a fund equal to fifty (50%) percent of the net cash flow of the project (Residual Receipts) after debt service on bonds, payment of deferred developer fee, and reasonable operating expenses have been paid. More specific terms of the loan will be further negotiated. The required loan agreement and associated documents will be negotiated and presented to the City/Agency at a later time. INCOME AND RENT RESTRICTIONS It is the intent that these units will satisfy the requirements of the City's progrom for the provision of affordable rental housing opportunities throughout the City and the revitalization of the 4-~- PAGE 6, IIEM NO.: MEETING DAlE: 06/19/01 western side of the City. It is proposed that the Loan Agreement and Related Restrictive Covenants for the City/Agency's financial assistance will restrict rents and occupancy of 49 percent of the 106 units (51 units) for lower income households, with 10 units for very low at 50 percent of the Area Median Income (AMI) and 41 units for low income households at 60 percent of AMI. Requirements of the other funding sources will result in the remaining 55 units being affordable for households at 60 percent of AMI. The restricted rents will be based upon HUD income limits established for the current fiscal year. Rent and occupancy restrictions will be maintained for a period of no less than 55 years and will bind all subsequent owners, so that the commitment remains in force regardless of ownership. The income and rent restrictions outlined above are to be incorporated into the Regulatory and Loan Agreements for the City/Agency Loan, which will be recorded against the property. The affordable housing commitment will bind all subsequent owners of Main Plaza, so that the commitment remains in force regardless of ownership, except in limited circumstances following a default and foreclosure on the project. Such agreements will be presented to the City/Agency at a later date. Compliance with the income and rent restrictions will be subject annually to a regulatory audit and annual tax credit certification. Avalon Communities has successfully managed low-income housing units for thirteen years. Compliance with strict property management policies and procedures will ensure that income and rent restrictions will be maintained for the full 55-year compliance period, CONCLUSION In light of the short time frame far the final issuance and closing of the bonds, staff recommends approval of the City Council/Agency resolution conditionally approving additional financial assistance in an amount not to exceed $750,000 ($300,000 from the City's HOME funds and $450,000 from the Agency's Low and Moderate Income Housing Set-Aside fund) to Avalon Communities for the development of a mixed use project, including 106 affordable units. If successful in obtaining additional funding for other sources, more specifically the State FWHG program, the developer will make immediate payment on any and all of the anticipated $750,000 City/Agency loan. Based on the foregoing, staff recommends approval of the City Council/Agency resolution conditionally appraving financial assistance, subject to future appropriation, in an amount not-to- exceed $300,000 from the City's HOME funds and $450,000 from the Agency's Low/Moderate Income Housing fund in addition to the $1,060,000 already approved by the Agency. Staff's recommendation is based upon the following: . The proposal's effectiveness in serving the City's housing needs and priorities as expressed in the Housing Element of the General Plan and the HUD Consolidated Plan. 4-~ PAGE 7, 111M NO.: MEETING DATE: 06/19/01 . The proposal's development and operating feasibility, financing sources and the role of the City and the Agency in providing financial assistance or incentives. . It is the intent of the City to attempt to provide affordable housing opportunities to households earning at or below 50% of AMI in order to receive future credits as outlined in the Housing Element of the General Plan. The Main Plaza development as proposed by Avalon Communities LLC is financially sound. The recommended Agency assistance meets the Agency's underwriting goals of reasonable project costs and leveraging of Agency resources, The project's unit mix and affordability support the Agency housing goals. FISCAL IMPACT The loan amount of $750,000, $300,000 from the City's HOME funds and $450,000 from the Agency's Low/Moderate Income Housing Set-aside fund, will be appropriated at the time of execution of the Loan Agreement from the respective unappropriated fund balances. The City's HOME fund has a current balance of $1,000,000. The Agency's Low/Moderate fund has a current unappropriated balance of approximately $800,000. The $750,000 City/Agency loan is expected to be repaid if the developer is successful in obtaining additional funding sources. Any outstanding principal and interest will then be repaid after debt service, the payment of deferred developer fee and reasonable operating expenses (residual receipts). (HINES) j,\COMMDEV\STAFF,REP\O6-19-01IA 113 Main Plow Add;tional A"t,doc 4- 7 RESOLUTION NO, (COUNCIL RESOLUTION NO. ) RESOLUTION OF THE CITY COUNCil OF THE CITY OF CHUlA VISTA AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING ADDITIONAL FINANCIAL ASSISTANCE, SUBJECT TO FUTURE APPROPRIATION, IN THE FORM OF A lOAN FROM THE HOME FUNDS AND lOW AND MODERATE INCOME HOUSING FUND IN AN AMOUNT NOT- TO-EXCEED $300,000 AND $450,000, RESPECTIVELY, TO AVALON COMMUNITIES llC FOR THE DEVELOPMENT OF A MIXED USE PROJECT, INCLUDING 106 AFFORDABLE HOUSING UNITS WHEREAS, the City of Chula Vista is an entitlemenUparticipating jurisdiction for the U,S, Department of Housing and Urban Development (HUD) funding programs and is awarded on an annual basis a formula grant from the HOME Investment Partnership Program (HOME); and WHEREAS, HOME funds are designed exclusively to create affordable housing opportunities for low-income households through the construction, purchase, and/or rehabilitation of affordable housing for rent or homeownership or provide direct rental assistance to low-income people; and WHEREAS, California Health and Safety Code Sections 33334,2 and 33334,6 authorize and direct the Redevelopment Agency of the City of Chula Vista (the "Agency") to expend a certain percentage of all taxes which are allocated to the Agency pursuant to Section 33670 for the purposes of increasing, improving and preserving the community's supply of low and moderate income housing available at affordable housing cost to persons and families of low- and moderate-income, lower income, and very low income; and WHEREAS, pursuantto applicable law the Agency has established a Low and Moderate Income Housing Fund (the "Housing Fund"); and WHEREAS, pursuant to Health and Safety Code Section 33334,2(e), in carrying out its affordable housing activities, the Agency is authorized to provide subsidies to or for the benefit of very low income and lower income households, or persons and families of low or moderate income, to the extent those households cannot obtain housing at affordable costs on the open market, and to provide financial assistance for the construction and rehabilitation of housing which will be made available at an affordable housing cost to such persons; and WHEREAS, pursuant to Health and Safety Code Section 33413(b), the Agency is required to ensure that at least 15 percent of all new and substantially rehabilitated dwelling units developed within a project area under the jurisdiction of the Agency by private or public entities or persons other than the Agency shall be available at affordable housing costto persons and families of low or moderate income; and WHEREAS, Avalon Communities LLC ("Developer") proposes to construct a mixed use project of 15,000 square feet of commercial retail and a 106 unit multifamily rental development, with 1O units affordable to very low households at 50 percent of the Area Median Income (AMI), 41 units affordable to low households at 60 percent of the Area Median Income (AMI) and 55 units affordable to moderate- income households at or below 120 percent of AMI to be located on the northeast corner of Main Street and Broadway within the Southwest Redevelopment Project Area ("Project"); and 4 -£ Resolution No. Page 2 WHEREAS, Developer has received an allocation of Multifamily Housing Revenue Bonds from the California Debt Limit Allocation Committee (CDlAC); and WHEREAS, Developer is applying for four percent (4%) tax credits from the Tax Credit Allocation Committee (TCAC); and WHEREAS, additional financing is necessary in order to make the residential use of the Project feasible; and WHEREAS, the provision of affordable housing units like the Project is consistent with and called for by the City's General Plan Housing Element, Consolidated Plan, and California Health and Safety Code; and WHEREAS, the City/Agency wishes to provide Developer with a development loan of seven hundred fifty thousand dollars ($750,000) to assist with the financing gap for the construction of the residential units of the Project; and WHEREAS, the City/Agency's provision offunds to the residential use ofthe Project will directly improve the City's supply of very low and moderate-income housing; and WHEREAS, the Agency has adopted an Implementation Plan pursuant to Health and Safety Code Section 33490, which sets forth the objective of providing housing to satisfy the needs and desires of various age, income and ethnic groups of the community, and which specifically provides for the construction of new affordable rental housing units through Agency assistance; and WHEREAS, the residential use of the Project furthers the goals of the Agency set forth in the Implementation Plan as it will facilitate the creation of affordable housing which will serve the residents of the neighborhood and the City; and WHEREAS, the City's Housing Advisory Commission did, on the 7th day of June, 2000, hold a public meeting to consider said request for financial assistance; and WHEREAS, the Housing Advisory Commission, upon hearing and considering all testimony, if any, of all persons desiring to be heard, and considering all factors relating to the request for financial assistance, has recommended to the Redevelopment Agency that the appropriation be approved because the Commission believes that the Agency's financial participation in the development of the Project will be a sound investment based upon Developer's ability to effectively serve the City's housing needs and priorities as expressed in the Housing Element and the Consolidated Plan and the cost effectiveness of the Agency's financial assistance based upon the leveraging of such resources; and WHEREAS, in accordance with the requirements of CEQA, the Environmental Review Coordinator has determined that the Project requires the preparation of an Initial Study, such study (IS 00-47) was prepared, and based on such study a Negative Declaration was adopted in connection with the Special Use Permit for the Project at a hearing held on June 13, 2000, NOW, THEREFORE, BE IT RESOLVED the City Council and the RedevelopmentAgencyofthe City of Chula Vista do hereby conditionally approve a residual receipts loan subject to future appropriation in an amount not-to-exceed $300,000 from the City's HOME funds and $450,000 from the 4 - 9 Resolution No, Page 3 Agency's low and Moderate Income Housing Set-Aside fund to Developer for the construction of the residential units of the Project subjectto the City's/Agency's approvals of an affordable housing and loan agreement which shall include, at a minimum, the following terms and conditions: 1. Developer shall submit within a timely manner applications for funding of the remaining approximately $3,8 million financing gap (the "Financing Gap") to the State Farmworker Housing Grant (FWHG) Program for the next funding cycle and other appropriate funding programs identified by the Developer or the City/Agency for the development of the residential units of the Project. Developer shall exercise its best efforts to obtain any or all of the Financing Gap proceeds and to identify potential additional sources for same, Any Financing Gap proceeds shall be immediately applied to repay the City/Agency Loan of $750,000 on a first priority basis, 2. Funds shall be used only for those costs directly related to the residential units of the Project. 3, The loan repayment will be secured by Deeds of Trust and Promissory Notes for the property on behalf of both the City of Chula Vista and the Redevelopment Agency ofthe City of Chula Vista and recorded against the Project property, 4. Payment of any or all of the remaining principal and interest on the City/Agency loan shall be made, on an annual basis after issuance of the Certificate of Occupancy for the Project, out of a fund equal to fifty percent (50%) of the "Residual Receipts", rental income from the Project minus debt service on the bonds, payment of the deferred developer fee, and reasonable operating expenses, 5. The term of the loan shall be fifty-five (55) years, 6. The outstanding balance shall accrue with simple interest at 3 percent per annum, 7. Developer will be required to operate the Project consistent with the Regulatory Agreement required by the Project's bond and tax credit financing, the covenants imposed by the Agreement, and any other project requirements, 8. Developer shall enter into a loan agreement with the City/Agency consistent with the terms set forth above and with such other terms as shall be required or approved by the City/Agency Attorney. 9, This conditional approval remains subject to final approval by the City/Agency in its sole discretion. Presented by Approved as to form by Gt-. ~ Chris Salomone Director of Community Development [Hines] J:\HOME\COMMDEVIRESOS\CC Reso Main Plaza Addt'l Financial 4 - (Ò ~ LOCATOR ~~~~k: AVALON COMMUNITIES, lLC PROJECT DESCRIPTION: C) INITIAL STUDY PROJECT 1689 Broadway ADDRESS: Request: Proposed construction of a 15,000 sq.fI. mixed-use commercial building and 106 affordable housing units SCALE: I FILE NUMBER: with 181 residential and 75 commercial parking I NORTH No Scale IS - 00-47 spaces provided. h:lhomelplanninglhectorllocators\lSO047.cdr 05/17/00 4- - ((