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HomeMy WebLinkAboutOrd 1996-2662 (2) ORDINANCE NO. 2662 NOT APPROVED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING SECTION 2.43 "PROJECT AREA COMMITTEES" TO THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH SUCCESSOR PROJECT AREA COMMITTEES OPERATING UNDER THE AUTHORITY OF THE CITY OF CHULA VISTA TO SERVE AS LOCAL REDEVELOPMENT PROJECT REVIEW ADVISORY BODIES RELATIVE TO REDEVELOPMENT MATTERS AFFECTING THEIR RESPECTIVE PROJECT AREAS NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN that the following Section 2.43 be added to the Municipal Code: "Chapter 2.43 Project Area Committees Sections: 2.43.010 Purpose and intent. 2.43.020 Declaration of existence of certain PACs. 2.43.030 Membership. 2.43.040 Role and functions of project area committees. 2.43.050 Meetings; organization. 2.43.010 Purpose and intent. Under state redevelopment law contained at Health and Safety Code Section 33385, et seq., when a redevelopment plan contemplates a significant impact from redevelopment activity on existing residents, a project area committee is declared to be in existence to represent the interests of those affected residents. Said state sponsored project area committees have certain rights of review of redevelopment actions, but their term is limited to a three year life after the adoption of the redevelopment plan. It is the purpose and intent of the city council, in adopting this chapter, to establish successor project area committees operating under authority of the City of Chula Vista to continue the community representation and input that was created by the state sponsored project area committees after their initial statutory life of three years has expired and to make them advisory to and functionaries of the city council, not of the State of California. Such city-originated project are committees shall serve as local redevelopment project review advisory bodies to advise and provide comments on redevelopment matters affecting their respective project area. In addition, within the territory of such project areas, they may also act in an advisory capacity to the planning commission. (See further, section 2'43'040- Role and function.) Ordinance 2662 Page 2 2.43.020 Formation of project area committees. A. There shall hereby exist within the City of Chula Vista an Otay Valley Road Project Area Committee ("OVRPAC"). The territory of the OVRPAC shall be that territory within the Otay Valley Road redevelopment project area as defined by the Otay Valley Road redevelopment plan, adopted by the city council on December 20, 1983, which territory may from time to time have been or may be amended. 1. The Otay Valley Road project area committee shall consist of five voting members and one staff ex-officio member appointed in the manner heroinbelow set forth. B. There shall hereby exist within the City of Chula Vista a Southwest Redevelopmerit Project Area Committee ("SWPAC"). The territory of the SWPAC shall be that territory within the Southwest redevelopment project area as defined by the Southwest redevelopment plan, adopted by the city council on November 27, 1990, which territory may from time to time have been or may be amended. 1. The Southwest project area committee shall consist of seven voting members and one staff ex-officio member appointed in the manner hereinbelow set forth. C. There shall hereby exist within the City of Chula Vista a Town Centre Project Area Committee ("TCPAC"). The territory of the TCPAC shall be that territory within the Town Centre I and Town Centre II redevelopment project area as defined by the Town Centre I and Town Centre II redevelopment plans, adopted by the city council on July 28, 1976 and August 2, 1978, respectively, which territory may from time to time have been or may be amended. 1. The Town Centre project area committee shall consist of seven voting members; two non-voting ex-officio members; and one staff ex-officio member, appointed in the manner hereinbelow set forth. 2.43.030 Membership. A. Qualifications for Voting Membership. 1. Voting Members. No voting member may be appointed to or shall serve on more than one project area committee, or on any other board, commission, or committee of the city. All members shall be appointed upon the recommendation of the mayor and by motion of the city council adopted by at least three affirmative votes. Any member may be removed from office upon three affirmative votes. No members, except staff ex-officio members, shall hold any paid office or employment in the Chula Vista city government. Ordinance 2662 Page 3 2. Otay Valley Road Project Area Committee Members; Additional Qualifications. Four of the voting members of the Otay Valley Road PAC shall be either business owners, property owners, or residents in or adjacent to the boundaries of the Otay Valley Road project area and one voting member shall be an at-large member representing the general interest of the Chula Vista planning area. 3. Southwest Project Area Committee Members; Additional Qualifications. Six of the voting members of the Southwest project area committee shall be either business owners, property owners, or residents within the boundaries of the Southwest project area and one voting member shall be an at-large member representing the general interest of the Chula Vista planning area. 4. Town Centre Project Area Committee Members; Additional Qualifications. Six of the voting members of the Town Centre project area committee shall be either business owners or property owners, or residents within the boundaries of either the Town Centre I or the Town Centre II project areas and one voting member shall be an at-large member representing the general interests of the Chula Vista planning area. B. Qualifications for Ex-officio Members. 1. Staff ex-officio members. The city manager or his/her designated representative shall be an ex-officio member of each committee which is permitted to have such a member by this chapter. The staff ex-officio member shall not be required to be a qualified elector of the city, but shall have no vote ("staff ex-officio member"). 2. General Ex-officio Members. a. Town Centre Project Area Committee. The current president of the Downtown Business Association shall hole one ex- officio seat which shall last for term of his or her presidency. One ex-officio member shall be appointed by, represent, and shall serve at the pleasure of the Chula Vista Center. Said ex-officio members shall not be required to be qualified elector(s) of the city. Ex-officio members shall have no vote ("general ex-officio member"). C. Term of Office. 1. General Provisions. a. Seats. Each office of a project area committee shall be assigned a specific seat number, and appointments of members to a project area committee shall be to a specified seat number. Ordinance 2662 Page 4 b. Term. Each seat of a project area committee shall become vacant on a four-year interval each of which ends June 30 except the ex-officio staff member, if any, which shall be indefinite, and the seats shall be staggered, as herein provided: (1) For the Otay Valley Road PAC, seat nos. 1,2, and 3 shall vacate on June 30, 1996 and every four years thereafter. Seats 4 and 5 shall expire on June 30, 1998 and every four years thereafter.~ (2) For the Southwest PAC, seat nos I and 2 shall expire on June 30, 1996 and thereafter every four years. Seat nos 3 and 5 shall expire on June 30, 1997 and thereafter every four years. Seat nos 6 and 7 shall expire on June 30, 1998 and thereafter every four years? (3) For the Town Centre project area committee, seat nos. 1 and 2 shall expire on June 30, 1996 and thereafter every four years hence. Seat nos. 3 and 4 shall expire on June 30, 1999 and thereafter every four years hence. Seat nos 5 and 6 shall expire on June 30, 1998 and thereafter every four years hence. Seat no. 7 shall expire on June 30, 1997 and thereafter every four years hence. The ex-officio member representing the Downtown Business Association (DBA) shall expire yearly, concurrently with the term of the president of the DBA. Seat no 9, the ex-officio member representing the Chula Vista Center shall be appointed to an indefinite term. said ex-officio member serving at the pleasure of the Chula Vista Center.3 ~ Staff recommends that, by minute resolution, these be filled as follows: Seat 1: Casilla~; Seat 2: Palumbo; Seat 3: McMahon; Seat 4: Fuller; Seat 5: Nava. All recommendations are intended to permit all applicants to achieve as close as possible, 8 to 10 years in total for each member, assuming full reappointment. Staff recommends that, by minute resolution, these be filled as follows: Seat 1: vacant; Seat 2: vacant; Seat 3: Platt; Seat 4: Campbell; Seat 5: MCFarlin; Seat 6: Jones; Seat 7: La Guardia. Seat nos. 1 and 2 (currently vacant) will be eligible for two full four year terms upon the expiration of their seats on June 30, 1996 to permit all applicants to achieve as close as possible, 8 to 10 years in total service for each member. 3 Staff recommends that, by minute resolution, these be filled as follows: Seat 1: William Winter; Seat 2: vacant; Seat 3: vacant' Seat 4: Donna Hawk; Seat 5: Daniel Mason: Seat 6: JaCk Blakely; Seat 7: Martin Altbaum; Seat 8: President of DBA; Seat 9: vacant. Ordinance 2662 Page 5 D. Holdover Office. Notwithstanding vacancy at the end of any member's term, such member shall be deemed reappointed to the same seat and shall be permitted to continue to exercise the privileges of his or her former seat for a period of six months after the end of his or her term until, during such six month period, the seat to which he or she was assigned is filled by his or her re-appointment or by the appointment of a qualified successor to his or her office. E. Vacancies. Notwithstanding the term of office to which a member is assigned, said office (or seat) shall be deemed vacant upon any of the following events ("event of vacancy"): 1. The death or disability of said member that renders said member incapable of performing the duties of the office. 2. The member's conviction of a felony or crime involving moral turpitude. 3. The member's absence from three regular, consecutive meetings of the committee, unless excused by majority vote of such board or commission expressed in its official minutes. 4. The member has submitted his resignation which resignation has been accepted by the city council. 5o The membership has been terminated by three affirmative votes of the city council. Upon the occurrence of the event of vacancy as hereinabove listed, the city council shall so declare the office to be vacant, and shall expeditiously take such steps as are necessary to fill said vacancy. F. Number of Terms. 1. Voting and General Ex-officio Members. a. Two Term Limit. No voting or general ex-officio member shall be appointed to more than two terms except as herein provided ("two term limit"). b. Unexpired Term Exception. Notwithstanding the two term limit, a person appointed to the committee as a voting member to fill the unexpired term of an office of a voting member which has become vacant ("unexpired term") which has less than two years remaining on said unexpired term, may, assuming continued qualification for the seat, be appointed to a maximum of two regular terms in addition to their unexpired term. An appointment to fill a vacancy of two or more years shall constitute an appointment to a full term. A voting member who currently occupies an office may not be re-appointed to fill the unexpired term of another office which has become vacant. Ordinance 2662 Page 6 c. Any voting member may be re-appointed to serve on the committee after two successive years of absence from serving on the committee in any office or membership capacity -- voting or ex-officio. 2, Staff Ex-officio Member. The staff ex-officio member shall serve at the pleasure of the city council. 2.43.040 Role and functions of the project area committees. Project area committees will review projects requiring discretionary land use approvals by the redevelopment agency and/or city council through conditional use permits/special permits, zone changes, and other land use permits as specifically allowed pursuant to their respective redevelopment plan and procedures manual. Projects that do not require discretionary approval by the agency or council and/or those that can be approved "administratively" as set forth in the municipal code (e.g. a non-discretionary site plan review) are not subject to review by the committees. In addition, variances are not subject to review by the committees unless it is included as part of a project that requires a discretionary land use approval as described above. Variances will be handled "administratively", and those variances that cannot be decided administratively will be forwarded directly to the redevelopment agency. The primary role of the project area committees is to evaluate projects brought before them in terms of overall land use appropriateness, general economic impact of land use changes, and related planning and zoning issues. The committees are to receive and review the project site plan and consider all applicable materials submitted to the city in support of the development application including the respective environmental documents. However, the review of the environmental documents (environmental impact reports, negative declarations, or initial studies) is limited to the use of those documents as tools for evaluating the project, and not to review them in terms of the adequacy of the document itself. The PAC, in making recommendations on the particular environmental document in reaching its recommendation. A secondary role of project area committees is to also evaluate and comment on the project characteristics relative to the site plan, and/or other "site specific" issues. All committees' members, upon appointment, are to be scheduled for indoctrination about the scope of their role and functiom-both in terms of the overall function of the redevelopment process and, the specific goals of redevelopment within their redevelopment project are. 2.43.050 Meetings; Organization. A. General Meeting Requirements and Provisions. 1. Meetings of the project area committees shall be subject to all requirements of state and local laws, including the Ralph M. Brown Act (Section 54950 et seq., California Government Code). Ordinance 2662 Page 7 2. Quorum. The presence of a majority of voting members shall be required for a quorum for the transaction of business of a project area committee. 3. Special Rules. The members of the project area committee may adopt reasonable rules for the conduct of its proceedings not inconsistent with the provisions of this chapter and not inconsistent with the historic rules by which the city council conducts its meetings. B. Regular meeting schedule. The meetings of the committees shall be as follows: 1. Otay Valley Road Project Area Committee. The Otay Valley Road project area committee shall hold regular meetings two times per month on the day and at the time and place that it shall designate, and such special meetings as such committee may require. 2. Southwest Project Area Committee. The Southwest project area committee shall hold one regular monthly meeting on the day and at the time and place that it shall designate, and such special meetings as such committee may require. 3. Town Centre Project Area Committee. The Town Centre project area committee shall hold two regular meetings per month on the day and at the time and place that it shall designate, and such special meetings as such committee may require. C. Election of Chairman. The members of a project area committee shall, at its first meeting in July of each year, elect one of its members to serve as chair for a one-year term, and one of its members to serve as vice chair who shall preside in the absence of the chair. D. No Salary. Members of the project are committees assisting the commission in conducting its duties shall serve at no salary, but shall be reimbursed for expenses incurred in the performance of their duties while serving the City of Chula Vista in accordance with policies adopted by the city and to the extent that appropriations for such expenses have been provided by the city council in approving the commission's budget. E. Acceptance of Donations. Subject to the approval of the city council, the city may accept, in trust for the goals of the commission unless a more specific trust purpose is declared, gifts, donations, and grant from any source to assist the commission in the performance of its functions. Ordinance 2662 Page 8 TABLED by the City Council of the City of Chula Vista, California, this 5th day of March, 1995. AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley Horton, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2662 was tabled at the March 5, 1995 regular meeting of said City Council held on the 5th day of March, 1995. Beverly A. Authelet, City Clerk