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HomeMy WebLinkAboutRDA AgendaCITY OF LAKE ELSINORE REDEVELOPMENT AGENCY AGENDA THOMAS BUCKLEY, CHAIRMAN AMY BHUTTA, VICE- CHAIRWOMAN DARYL HICKMAN, MEMBER ROBERT MAGEE, MEMBER MELISSA MELENDEZ, MEMBER W W W.LAKE- ELSINORE.ORG (951) 674 -3124 PHONE (951) 674 -2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET ROBERT BRADY, EXECUTIVE DIRECTOR LAKE ELSINORE, CA 92530 TUESDAY, April 14, 2009 STUDY SESSION AT 4:00 P.M. CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. CALL TO ORDER -- 5:00 P.M. ROLL CALL CLOSED SESSION CALL BACK TO ORDER - 7:00 P.M. CLOSED SESSION REPORT ROLL CALL (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting.) PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting. The Chairman will call on you to speak, when your item is called.) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Board member or any member of the public requests separate action on a specific item.) (1) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Regular meeting of the Redevelopment Agency — March 24, 2009 (2) Warrant List Dated March 31, 2009 Recommendation: Authorize payment of Warrant List dated March 31, 2009. PUBLIC HEARING(S) (3) A Continued Joint Public Hearing of the Agency Board and City Council to consider the Proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, 11, and III. Recommendations: Agency and City Council open the continued joint public hearing on the proposed Amended and Restated Plans for the sole purpose of adopting written responses to objections received prior to the joint public hearing and adopting the proposed Amended and Restated Plans. 2. City Council Adopt Resolution No. 2009- adopting findings on the response to written objections to the adoption of the proposed Amended and Restated Plans for Rancho Laguna Redevelopment Project Areas No. I, II and III. 3. Agency Adopt Resolution No. 2009- approving the Amended and Restated Plans for the Rancho Laguna Redevelopment Project Areas No. I, 11 and III. 4. City Council have first reading of Ordinance No. amending Ordinances Nos. 607, 324, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project No. 1. 5. City Council have first reading of Ordinance No. amending Ordinances Nos. 671, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. II. 6. City Council first reading of Ordinance No. amending Ordinances Nos.815, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No III. BUSINESS ITEMS) No business items scheduled. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES EXECUTIVE DIRECTOR COMMENTS LEGAL COUNSEL COMMENTS BOARDMEMBER COMMENTS ADJOURNMENT The Lake Elsinore Redevelopment Agency will adjourn to a regular meeting to be held on Tuesday, April 28, 2009, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. AFFIDAVIT OF POSTING I, DEBORA THOMSEN, Agency Secretary of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall, 72 hours in advance of this meeting. / /ss // DEBORA THOMSEN, CIVIC AGENCY SECRETARY DATE CITY OF 6 LADE ,� LSII O E ~� DREAM EXTREME ix REPORT TO REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 14, 2009 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council Minutes are submitted for approval: a) Joint City Council / Redevelopment Agency Meeting - March 24, 2009 b) Regular Meeting of the Redevelopment Agency - March 24, 2009 Recommendation Approve the Minutes as submitted. Prepared by: i Approved by: Debora Thomsen City Clerk Robert A. Brady City Manager Agenda Item No. 1 Page 1 of 29 CITY OF LAKE ELSINORE JOINT CITY COUNCIL/ REDEVELOPMENT AGENCY MINUTES March 24 2009 (not official until approved) CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore Joint City Council / Redevelo9ment Agency Study Session to order at 4:00 on Tuesday, March 24 , 2009 to order at 4:00 p.m. in the Culture Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tern Melendez, Councilmember Bhutta, Councilmember Hickman. ABSENT: Councilmember Buckley. Also present: City Manager Brady, Agency Counsel Leibold, and City Clerk Thomsen. Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Engineer Seumalo, Director of Lake and Aquatics Director Gonzales, Police Chief Cleary, Fire Chief Communications Manager Dennis. CITY COUNCIL CLOSED SESSION Public Works Director / City Kilroy, Parks and Recreation Hendershot, and Information / 1(a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GOV'T CODE § 54957): CITY ATTORNEY 1(b) CONFERENCE INVOLVING A JOINT POWERS AGENCY (SOUTHWEST COMMUNITIES FINANCING AUTHORITY) (GOV'T CODE § 54956.96) Discussion will concern: Conference with real property negotiator: Property — APN 370 - 060 -050 southeast of Corydon /west of Mission Trail Agency negotiator — Dean Deines Agenda Item No. 1 Page 2 of 29 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 2 of 11 Negotiating parties — Animal Friends of the Valleys and Elsinore Valley Municipal Water District Under negotiation — Price /terms /Conditions of Payment Name of local agency representative on Joint Powers Agency Board: Councilman Thomas Buckley No comments or discussion were addressed. PRESENTATIONS /CEREMONIALS Mayor Magee requested confirmation on who was receiving the presentations. Response was given the first two items were Blue Star items and their plaque, flags and information would not arrive until 6:45. Certificate of Appreciation to honor Corporal Ryan Stroad, United States Marine Corps (USMC) who is stationed overseas. Received by his wife Desiree Stroad and other family members. Certificate of Appreciation to honor Sergeant Marina Diaz (USMC) and Specialist Leonard Acosta, United States National Guard. Received by their Aunt Jacqueline Acosta and other family members. Council recognition of Summerly Golf Course attendance. Not known. Council recognition of Storm Management for Energy and Water Audits Council recognition of Storm Baseball Team for 2009 opening season. Not known. Proclamation to recognize Arbor Day, April 4, 2009. City Staff, Ray Gonzales. Proclamation to recognize April 2009 as Child Abuse Prevention Month. Wendy Bankston, Riverside County. Agenda Item No. 1 Page 3 of 29 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24 1 ", 2009 Page 3 of 11 CONSENT CALENDAR (2) Approval of City Council Minutes - Recommendation: Approve the following minute(s): (a) Special Joint City Council /Redevelopment Agency — February 4, 2009 (b) Joint City Council /Redevelopment Agency Meeting — March 10, 2009 (c) Regular Meeting of the City Council— February 24, 2009 and March 10. 2009 Mayor Pro Tern Melendez noted Item 2(c) had several pages of the Minutes (Pages 21, 22, and 23) out of sequence and requested correction. Both Counsel Leibold and City Clerk Thomsen noted this. (3) Warrant List Dated March 12. 2009 - NO COMMENTS / QUESTIONS Recommendation: Authorize payment of Warrant List dated March 12, 2009. (4) Investment Report - February 2009 - NO COMMENTS / QUESTIONS Recommendation: Receive and file. (5) Dexter Avenue Improvements Construction Contract Award Recommendation: (a) Award Dexter Avenue Improvement project to Hillcrest Contracting Inc. for $431,825.00 (b) Authorize the Mayor to execute the contract with Hillcrest Contracting Inc. (c) Authorize staff to obligate the funds to the Dexter Avenue Improvement Project. Discussion was held with Council and Public Works Director / City Engineer Ken Seumalo and the relationship of the County of Riverside and this project. Mr. Seumalo stated he is planning on attending the County Board of Supervisor's meeting to ensure each entity is aware of what each other is doing and to request for funding. Mayor Magee stated there may be funding available from the Riverside County Transportation Commission (RCTC) as well. Mr. Seumalo states he will also request funds from the Transportation Advisory Committee (TAC) as well as Measure A. In addition, it was determined the Consultant is known for their quality of work in addition to being the low bidder. Agenda Item No. 1 Page 4 of 29 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24'", 2009 Page 4 of 11 (6) Award Contract for Roof Project Recommendation: Award the roof contract to Dan's Roofing and authorize the City Manager to execute the Construction Agreement. Councilmember Bhutta questions the legality of responsibility regarding an injury, Mayor Magee responds. (7) Resolution of support for an exemption to the Consumer Product Safety Improvement Act ( CPSIA) for the Off - Highway Vehicle Industry Recommendation: City Council adopt Resolution No. supporting exemptions by the Consumer Product Safety Commission to the CPSIA as it applies to lead in inaccessible components of off - highway vehicles. Mayor Magee stated he requested this item be placed on the Agenda. (8) National Donate Life Proclamation Recommendation: Approve the Proclamation for mailing to Donate Life. It was confirmed this would be mailed, not received at the meeting. PUBLIC HEARING(S) (9) Public Hearing for Tentative Tract Map No 30495 Recommendation: (a) Staff is requesting this item be continued to the April 14th City Council meeting. Mayor Magee and Councilmember Hickman continuing this item will not create any problems. It was noted the item could be continued to a date certain without having to re- advertise. (10) Public Hearing for Industrial Design Review No. 2008 -02 Precise Plastics Industrial. Recommendation: The City Council: (a) Adopt Resolution No. 2009- adopting findings of consistency with the Western Riverside Multiple Species Habitat Conservation Plan. (b) Adopt Resolution No. 2009- approving Industrial Design Review No. 2008 -02. Mayor Magee and Councilman Hickman discuss with staff the building elevations, specifically the east elevations and the pump system for drainage. Mayor Magee references the Broady building's style. Agenda Item No. 1 Page 5 of 29 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 5 of 11 Ron Harwood, the CEO Precision Plastics gives an overview of the proposed building and the associated costs. (11) Implementation Plan 2005 -2009 and Amendments to the Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II, and III. Recommendation: The City Council defer consideration of this item until such time that the Agency Board opens its regularly scheduled March 24, 2009 meeting and at that time conduct a joint public hearing with the Agency Board in accordance with the recommendations set forth in the Agency Board's agenda. Mayor Magee states action will not be taken for this item until the Redevelopment Agency holds their Joint Public Hearing. Counsel Leibold informs everyone that three written comments have been received and will be addressed during the Joint Public Hearing. APPEAL(S) (12) Continuance of the City Council's Action to Continue the Appeal of the Planning Commission's Action Relative to the Approval of Conditional Use Permit No. 2007 -18; a Request to Establish a "Tackle and Bait" Shop in Conjunction with a Convenience Store as well as Related On -site Improvements Located at 1604 W. Lakeshore Drive (APN 375 - 350 -008 and APN 375 - 350 -039) Recommendation (a) Staff is requesting the appeal hearing be continued to a date to be determined in order for staff to complete and provide the City Council a draft copy of the "reciprocal access easement" for the "Tackle and Bait" shop located at 1604 W. Lakeshore Drive. Mayor Pro Tern Melendez questioned if the applicant concurs with the continuance. Acting Community Development Director Weiner stated the applicant knew the project was originally continued to the 14 however, there was some confusion in the community regarding the date. To clarif for the community he would re- advertise the appeal for the April 14 meeting. Agenda Item No. 1 Page 6 of 29 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 6 of 11 BUSINESS ITEM(S) (13) Promotional Services Agreement— Ronnie Kovach's Outdoor Enterprises, Inc. Recommendation: (a) Approve funding appropriation in the amount of $8,500 from unallocated revenues for recreation and tourism promotion; and (b) Authorize the City Manager to secure co -op funding participation in the amount of $3,500 from Lake Elsinore San Jacinto Water Authority (LESJWA), subject to LESJWA approval; and (c) Authorize the City Manager to execute a Professional Services Agreement with Ronnie Kovach's Outdoor Enterprises, Inc. Not -to- Exceed $11,000. Information / Communications Manager Dennis questioned if everyone had a chance to view the video of the shows that Ronnie Kovach had done. There were 3 total, not everyone had a chance to view them and it was suggested the item be continued until this could be done. Director of Lake and Aquatics Kilroy gave an overview of the show and the multi -media exposure the show has. References were given of those who would benefit from the proposed video that would promote the Lake Elsinore community. Mr. Kovach was present and offered to answer any questions or concerns the Council may have. Included in the Agenda materials, was the agreement with Fox Sports for 1 year, and he noted he gave a radio show from Angel stadium in Anaheim weekly. He stated his show is seen internationally and covers a wide range of outdoor activities. It is for the adventurous outdoorsmen. He noted he already has many sponsors, but if we could add more it would be beneficial. He also noted Best Western and Holiday Inn was a currently a major sponsorship for his show, and it would be beneficial for the City to not delay our opportunity. Mayor Pro Tern stated she did have a chance to view the videos and wanted to ensure the show would promote the City and not the sponsors. Mr. Kovach stated he was an international fisherman but foremost a business promoter and he has won 14 "Tele awards" for his productions. He asked the City to join with him and participate to showcase all we have to offer. Agenda Item No. 1 Page 7 of 29 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 7 of 11 (14) Amendments to Pyramid Enterprises and Destination RV Resorts Agreements Recommendation: Approve the two amendments listed below and authorize the City Manager to execute such amendments subject to such minor modifications as may be approved by the City Attorney. a) "Second Amendment to the Lake Elsinore Campground and Day Use Facility Concession Agreement" with Destination RV Resorts; and b) "First Amendment to the Amended and Restated License Agreement for Operation of the Campground, Day Use and Boat Launch Concession at the Lake Elsinore Recreation Area" with Pyramid Enterprises. Tim Fleming spoke regarding the poor conditions of our campgrounds stating they have needed cleanup for quite some time. He requested if we were considering renewing a contract, to make it short-term with the ability to extend if proper maintenance resulted. Director of Lake and Aquatics Kilroy gave an overview of the research and discussions he has had with the two consultants, noting they were aware improvements were needed. These two amendments would separate the projects, although they were inner - related. Director Kilroy gave a summary regarding the history of the problems. Councilmember Bhutta remarked on the rehabilitation that was needed, noting an annual amendment may be best. Discussion was held between the Council noting the previous expectations, problems and results. Council is concerned with the oversight to ensure the City's expectations are met. Councilmember Hickman referenced the boat launch stating if the water was roped off, it would be beneficial if the beach area was safe. Director Kilroy agreed. Mayor Magee recommended the Council receive quarterly status reports regarding the results of the Contractors. Agenda Item No. 1 Page 8 of 29 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24` 2009 Page 8 of 11 REDEVELOPMENT AGENCY Vice Chair Bhutta called the regular meeting of the Lake Elsinore Joint City Council / Redevelopment Agency Study Session to order on Tuesday, March 24 2009 to order at 4:00 p.m. CLOSED SESSION (1) No items scheduled at this time. CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approve the following minute(s): (a) Special Joint City Council /Redevelopment Agency — February 4, 2009 (b) Joint City Council /Redevelopment Agency Meeting — March 10, 2009 (c) Regular Meeting of the Redevelopment Agency Meeting — February 24, 2009 and March 10, 2009 The correction previously stated applies only to the City Council minutes from February 24, 2009. (3) Warrant List Dated March 12, 2009 - NO COMMENTS / QUESTIONS Recommendation: Authorize payment of Warrant List dated March 12, 2009. (4) Investment Report — February 2009 - NO COMMENTS / QUESTIONS Recommendation: Receive and file. JOINT PUBLIC HEARING(S) (5) A Joint Public Hearing of the Agency Board and City Council to consider the Proposed Amended and Restated Redevelopment and Housing Agenda Item No. 1 Page 9 of 29 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24` 2009 Page 9 of 11 Implementation Plan 2005 -2009 and Amendments to the Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II, and III. Recommendations: 1. Agency and City Council hold a joint public hearing on the proposed Amendments and related actions. 2. Agency Adopt Resolution No. 2009 - Initial Study and Negative Declaration Amended and Restated Redevelopment Rancho Laguna Redevelopment Project Ar 3. Agency Adopt Resolution No. 2009 -_ Amended and Restated Redevelopment Plan. _ approving and adopting the prepared for the proposed Plans for The Lake Elsinore eas No. I, II and III. _ adopting the 2005 -2009 and Housing Implementation 4. Agency adopt Resolution No. 2009- adopting a revised method or plan for relocation in the Rancho Laguna Redevelopment Project Areas No. I. II and III. 5. Agency adopt Resolution No. 2009- adopting Revised Owner Participation Rules for the Rancho Laguna Redevelopment Project Areas No. I, II and III. 6. Agency adopt Resolution No. 2009- approving the Amendments to the Redevelopment Plans for the Rancho Laguna Redevelopment Project Areas No. I, II and III. 7. City Council adopt Resolution No. 2009- adopting the Initial Study and Negative Declaration prepared for the proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II and III. 8. City Council introduce by title only and waive further reading of Ordinance No. amending Ordinances Nos. 607, 624, 987 and 1249, and approving and adopting the Fourth Amendment to Rancho Laguna Redevelopment Project Area No. I. 9. City Council introduce by title only and waive further reading of Ordinance No. amending Ordinances Nos. 671, 987 and 1249, and approving and adopting the Third Amendment to Rancho Laguna Redevelopment Project Area No. IL Agenda Item No. 1 Page 10 of 29 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 10 of 11 10. City Council introduce by title only and waive further reading of Ordinance No. amending Ordinances Nos. 815, 987 and 1249, and approving and adopting the Third Amendment to Rancho Laguna Redevelopment Project Area No III. BUSINESS ITEM(S) No business items scheduled. PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 3 MINUTES None. EXECUTIVE DIRECTOR COMMENTS None. LEGAL COUNSEL COMMENTS None. BOARDMEMBER COMMENTS None. CITY MANAGER COMMENTS None. COMMITTEE REPORTS None. Agenda Item No. 1 Page 11 of 29 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 11 of 11 CITY TREASURER COMMENTS Not present. CITY COUNCIL COMMENTS None. CITY ATTORNEY COMMENTS Counsel adjourned the meeting to the Closed Session scheduled to be held at 5:00 p.m. ADJOURNMENT There being no further business to come before the Council, Mayor Magee adjourned the meeting at 9:09 p.m. The next regular meeting of the Lake Elsinore City Council is scheduled for Tuesday, April 14, 2009, at 5:00 p.m. for Closed Session items in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530 followed by the Regular meeting at 7:00 p.m. DeUarcvTlwvwse.fv Debora Thomsen, CIVIC City Clerk, City of Lake Elsinore, California Agenda Item No. 1 Page 12 of 29 CITY OF LAKE ELSINORE REDEVELOPMENT AGENCY MEETING MINUTES March 24 2009 (not official until approved) Regular meeting of the Lake Elsinore Redevelopment Agency was held on Tuesday, March 24 th , 2009 in the Culture Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. The meeting was called to order at 8:06 p.m. by Chairman Buckley who noted all Agency members were present. PRESENT: Chairman Buckley, Vice Chair Bhutta, Agencymember Hickman, Agencymember Magee, Agencymember Melendez. ABSENT: None. Also present: City Manager Brady, Agency Counsel Leibold, City Treasurer Baldwin, and City Clerk Thomsen. Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Police Chief Cleary, Fire Chief Hendershot, and Information / Communications Manager Dennis. CLOSED SESSION (1) No items were before the Redevelopment Agency. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE There was no one present who wished to speak regarding a non - agenized item. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES Note: All those who wish to speak are in reference to Joint Public Hearing Item No. 5. Agenda Item No. 1 Page 13 of 29 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 2 of 17 CONSENT CALENDAR - APPROVED All matters on the Consent Calendar are approved on one motion, unless an Agency member or any individual of the public requests separate action on a specific item. (2) Approval of Redevelopment Agency Minutes Approved the following minute(s): (a) Special Joint City Council / Redevelopment Agency — February 4, 2009 (b) Joint City Council / Redevelopment Agency Meeting — March 10, 2009 (c) Regular Meeting of the Redevelopment Agency — February 24, 2009 and March 10, 2009 (3) Warrant List Dated March 12, 2009 Authorized payment of Warrant List dated March 12, 2009. (4) Investment Report — February 2009 Received and filed. MOTION was made by Vice Chair Bhutta, second by Agencymember Melendez and unanimously carried to approve the Consent Calendar as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. JOINT PUBLIC HEARING — CONTNUED TO APRIL 14 2009 Notice of the Joint Public Hearing has been duly given and affidavits of compliance are on file in the Agency Secretary's office. No written communication has been received by the Agency Secretary's office. Chairman Buckley stated this is a Joint Public Hearing, for the purpose of discussion and public comment. Chairman Buckley clarified the Redevelopment Agency and the City Council will determine independently if they choose to approve this item. Agenda Item No. 1 Page 14 of 29 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 3 of 17 The following item is before the Agency: (5) A Joint Public Hearing of the Agency Board and City Council to consider the Proposed Amended and Restated Redevelopment and Housing Recommendations: 1. Agency and City Council hold a Joint Public Hearing on the proposed Amendments and related actions. 2. Agency adopt Resolution No. 2009- Initial Study and Negative Declaration Amended and Restated Redevelopment Rancho Laguna Redevelopment Project Ar 3. Agency adopt Resolution No. 2009 -_ Amended and Restated Redevelopment Plan. _ approving and adopting the prepared for the proposed Plans for The Lake Elsinore eas No. I, II and III. _ adopting the 2005 -2009 and Housing Implementation 4. Agency adopt Resolution No. 2009- adopting a revised method or plan for relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III. 5. Agency adopt Resolution No. 2009- adopting Revised Owner Participation Rules for the Rancho Laguna Redevelopment Project Areas No. I, II and III. 6. Agency adopt Resolution No. 2009- approving the Amendments to the Redevelopment Plans for the Rancho Laguna Redevelopment Project Areas No. I, II and III. 7. City Council adopt Resolution No. 2009- adopting the Initial Study and Negative Declaration prepared for the proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II and III. 8. City Council introduce by title only and waive further reading of Ordinance No. amending Ordinances Nos. 607, 624, 987 and 1249, and approving and adopting the Fourth Amendment to Rancho Laguna Redevelopment Project Area No. I. 9. City Council introduce by title only and waive further reading of Ordinance No. amending Ordinances Nos. 671, 987 and 1249, and approving Agenda Item No. 1 Page 15 of 29 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 4 of 17 and adopting the Third Amendment to Rancho Laguna Redevelopment Project Area No. IL 10. City Council introduce by title only and waive further reading of Ordinance No. amending Ordinances Nos. 815, 987 and 1249, and approving and adopting the Third Amendment to Rancho Laguna Redevelopment Project Area No I IL The Lake Elsinore Redevelopment Agency did hereby follow the procedural outline as noted below: PROCEDURAL OUTLINE JOINT PUBLIC HEARING ON THE PROPOSED AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, NO. II AND NO. III, THE NEGATIVE DECLARATION PREPARE FOR THE AMENDMENTS AND THE PROPOSED AMENDED AND RESTATED REDEVELOPMENT AND THE HOUSING IMPLEMENTATION PLAN 2005 -2009 CALL TO ORDER at 7:48 p.m. CHAIRMAN BUCKLEY: This is a Joint Public Hearing of the City Council of the City of Lake Elsinore and the Redevelopment Agency of the City of Lake Elsinore to consider and act upon the proposed fourth amendment to the Redevelopment Plan for Rancho Laguna Redevelopment Project No. I, the third amendment to the Redevelopment Plan for Rancho Laguna Redevelopment Project No. II, and third amendment to Rancho Laguna Redevelopment Project No. III (the "Amendments "). Concurrently, the Agency and Council will hold a hearing on the Negative Declaration prepared for the Amendments and the proposed Amended and Restated Redevelopment and Housing Implementation Plan 2005 -2009 ( "Amended and Restated Implementation Plan "). Agenda Item No. 1 Page 16 of 29 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24' 2009 Page 5 of 17 Roll Call of Council Members/ Agency Members CHAIRMAN BUCKLEY: Roll will stand as previously called stating. "all City Council and Agency Members are present." Introductory Statement Concerning Procedures CHAIRMAN BUCKLEY: Chairman Buckley opened the Public Hearing at 8:08 p.m. The state law under which we are acting is the Community Redevelopment Law of the State of California. That law requires that we follow certain procedures, some of them formal, in the conduct of tonight's joint public hearing. Persons making statements and giving testimony will be subject to questions through the Chair. All persons desiring to speak will be given an opportunity to do so. CHAIRMAN BUCKLEY: When you do speak, please give your name, address and the name of the organization, if any, that you represent. Our order of procedure tonight will be as follows: 1. Agency Counsel Leibold will present the staff report on the proposed Amendments and the Amended and Restated Implementation Plan and evidence and testimony in support of the proposed Amendments, including the Negative Declaration and related documents, and the Amended and Restated Implementation Plan. 2. We will then consider any written comments that have been received concerning the proposed Amendments or the Amended and Restated Implementation Plan. Agenda Item No. 1 Page 17 of 29 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 6 of 17 3. We will then receive any evidence or oral testimony from those present concerning the proposed Amendments or the Amended and Restated Implementation Plan. 4. Following the introduction of all evidence and testimony tonight, this hearing will be continued. We will now proceed with the staff presentation. Affidavit of Publication and Certificates of Mailing Notice of Joint Public Hearing AGENCY COUNSEL LEIBOLD: Notice of tonight's Joint Public Hearing was published in accordance with applicable requirements of the Brown Act and the Community Redevelopment Law. Notice of the Public Hearing on the proposed Amended and Restated Implementation Plan was published once a week for four successive weeks in the Press Enterprise and was posted in four permanent locations within each Project Area for a period of three consecutive weeks. Notice of the Joint Public Hearing of the Agency Board and the City Council on the proposed Amended and Restated Plans was published once a week for four successive weeks in the Press Enterprise and was directly mailed to (i) each property owner in the Project Areas, as shown on the last equalized assessment roll, (ii) residents and businesses in the Project Areas, and (iii) the governing body of each taxing agency that receives taxes from property in the Project Areas. At this time we would like to enter into the record of this Joint Public Hearing the following documents which are attached to your Staff Report as Attachments 14 through 20: Agenda Item No. 1 Page 18 of 29 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 7 of 17 Attachment 14. Published and Mailed Notice of Joint Public Hearing of the City Council of the City of Lake Elsinore and the Redevelopment Agency of the City of Lake Elsinore on the Proposed Amendments to the Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II, and III and the Negative Declaration Prepared for the Proposed Amendments and the Proposed Amended and Restated Redevelopment and Housing Implementation Plan 2005 -2009. Attachment 15. Affidavit of publication of notice of Joint Public Hearing in Press Enterprise. Attachment 16. Certificate of mailing notice of Joint Public Hearing to each assessee of land in the Project Areas, as shown on the last equalized assessment roll. Attachment 17. Certificate of mailing notice of Joint Public Hearing to the residents and businesses in the Project Areas. Attachment 18. Certificate of mailing notice of Joint Public Hearing to the governing body of each taxing agency that receives taxes from property in the Project Areas and List of Taxing Agencies. Attachment 19. Posted Notice of Public Hearing of the Redevelopment Agency of the City of Lake Elsinore on the Proposed Amended and Restated Redevelopment and Housing Agenda Item No. 1 Page 19 of 29 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24` 2009 Page 8 of 17 Attachment 20. Affidavit of posting notice of this Joint Public Hearing in four permanent locations within each of the Project Areas for a period of three consecutive weeks. Agency Counsel Leibold stated Certifications have been submitted to Agency Secretary. CHAIRMAN BUCKLEY: If there are no objections by members of the City Council or the Agency, these documents will be made a part of the record. Please proceed. Report of the Agency to the City Council AGENCY COUNSEL LEIBOLD: Agency Counsel Leibold gave an overview of what the Proposed Amended and Restated Redevelopment Plans and the Initial Study / Negative Declaration DOES NOT DO . It does not propose eminent domain actions (any homeowner must want to sell). There are no new assessments, no boundary changes, no new license fees, property taxes, land use or development standard changes. Nothing new is added or proposed. Agency Counsel Leibold presented clarification of what the Proposed Amended and Restated Redevelopment Plans and the Initial Study / Negative Declaration DOES DO . The document has had several amendments due to state law requirements since being adopted in the 1980's. This proposed amendment will incorporate those changes. The attachments listed above will be incorporated into the document. The references reflecting "Community Law" will be updated, and land use will be clarified and restated. Each Phase states the clarification of the proposed amendment. The proposed amendment will take care of outstanding items, loose -ends. The format and text are out of date and difficult to read. There is only hard copy, not an electronic version. All amendments are in separate documents. The purpose is to update the prior format, improve the presentation of the maps and the text, and incorporate the outstanding Agenda Item No. 1 Page 20 of 29 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 9 of 17 amendments into the document. In addition, financial and time limits are being updated which are part of the amendments. The document will update all references to the Community Development Law. Agency Counsel Leibold also stated approving the Negative Declaration does not have any environmental impacts. Agency Counsel Leibold gave a presentation regarding previous actions: November 25, 2008 Agency Resolution Accepting the Proposed Amended And Restated Redevelopment Plans and the Initial Study /Negative Declaration and Referring The Plans and CEQA Documents to the Planning Commission for its Report And Recommendation and to all Affected Taxing Entities and Other Interested Persons. December 16, 2008 Planning Commission Resolution making the required General Plan consistency findings and recommending Agency and City Council approval of the Updated Plans. February 10, 2009, the Agency adopted and transmitted its Report to the City Council for the Amended and Restated Redevelopment Plans, the City Council received the Report and both entities consented to tonight's joint public hearing. Agency Counsel Leibold gave an overview Presentation was given regarding a Summary of the actions to be taken tonight. At this time we would like to enter into the record of this Joint Public Hearing the following documents which have been previously approved and /or are attached to or distributed with the Staff Report: (Approved 2/10/09) Report of the Agency to the City Council, including the Planning Commission Resolution Finding Conformity and the Negative Declaration Attachment 2 Amended and Restated Redevelopment and Housing Implementation Plan 2005 -2009 Agenda Item No. 1 Page 21 of 29 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24` 2009 Page 10 of 17 Attachment 3 Revised Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I. II and III Attachment 4. Revised Owner Participation Rules for the Rancho Laguna Redevelopment Project Areas No. I. 11 and II l Attachments 11, 12, 13 — Distributed with Agenda Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Nos. I, II and III CHAIRMAN BUCKLEY: Are there any questions by members of the City Council or the Agency? If there are no objections by members of the City Council or the Agency, these documents will be made a part of the record. Written Comments - COMMENTS HAVE BEEN RECEIVED CHAIRMAN BUCKLEY: Two letters including written comments on the proposed Amendments or the Amended and Restated Implementation Plans have been received. The written comments will be placed into the record at this time. AGENCY COUNSEL LEIBOLD clarifies for the record the correspondence received. Letter #1: Letter from Derill C. Ferguson dated March 11, 2009. A summary was given stating he objects to the proposed amendment but did not offer justification. Letter #2: E -mail from Kevin & Janice Campion, dated March 14, 2009 they have a question regarding land use. Verbal response was given tonight. Agenda Item No. 1 Page 22 of 29 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 11 of 17 Letter #3 Letter from George J. Koliber dated March 10, 2009 does not qualify as written obiection He expressed his interest and support of the amendment without explanation. All who submitted communication will receive a response from Agency Counsel Leibold. Oral Testimony CHAIRMAN BUCKLEY: We will now hear any statements or testimony from those present concerning the proposed Amendments, Negative Declaration or the Amended and Restated Implementation Plan. PUBLIC COMMENTS — AGENDIZED ITEMS Anita Shaw stated she is a resident who lives in the Watersedge area of the City and would be affected by the Lakeside Marina project. She questioned if there are any changes to her area to which Chairman Buckley responded there were no changes. She asked for clarification if the original dates had slipped, which was confirmed, they had slipped, the developer still being in the planning process. Ms. Shaw requested if Lakeshore Drive could be straightened out in the future, and was informed the Planning Commission will be reviewing this in the future. Her concern is regarding increased traffic. She provided her e-mail address for future communication regarding her area. Don Hamilton addressed the Agency / Council stating this was the first time he has spoken at a meeting. He stated he currently lives in Las Vegas but is a City of Lake Elsinore property owner attending the meeting in interest of future development. He purchased property in 1956 in the Country Club Heights area and was promised amenities would be forth coming. The area is still lots only; no amenities or future development has been done. Mr. Hamilton requested an update of what is planned for the future regarding this area. Response was provided for Mr. Hamilton stating paving may be three years away; however for a Agenda Item No. 1 Page 23 of 29 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 12 of 17 specific response regarding his lots, he was referred to meet with Mr. Tom Weiner of the Community Development Department after the meeting. Neil Shaw stated he owns 8 acres on the southwest corner of Lakeshore from the lake to Ortega Highway, and stated it is too costly to develop his land due to flood issues. He discussed the General Plan and stated his road has not been paved in the past 30 years. He questioned if this proposed amendment would affect his property. Chairman Buckley informed him the changes would not affect him; however, there are still flood issues in his area and requested he meet after the meeting for specific information regarding his area. Alma Sanchez stated her questions were answered during the Joint Public Hearing and she no longer needed to speak. Francis Ankle questioned if the proposed amendments were required to be approved by Riverside County as well as the City. Agency Counsel Leibold responded stating no, they were two different entities independent of each other. Gene Brown questioned when each Phase was done and was informed Phase I was 1980, Phase II was 1981 and Phase III was 1987. Agency Counsel Leibold reminded everyone, the proposed changes were regarding financing and house- keeping items. Ms. Brown thanked Agency Counsel Leibold for her response. Chairman Buckley informed everyone the proposed amendment clarifies what the money can be spent on and how the money is divided up, stating it can be used to remove blight such as the Pottery Court area and some areas of Country Club Heights. Chairman Buckley requested anyone else with questions to e-mail him if they had further questions. Craig Freeze stated he was an attorney and has done extensive research regarding the Spanish Land Grant and a Supreme Court case related to this treaty. Chairman Buckley stated yes, this is where the name of Rancho Laguna comes from the Spanish Land Grant. Mr. Freeze stated the original wording states there shall be no servitude upon the land, and the Spanish servants were given 1 million acres of land. He stated the Rancho Laguna Redevelopment Agenda Item No. 1 Page 24 of 29 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 13 of 17 area is part of the original treaty and offered to provide documentation to Agency Counsel Leibold. Continuation of Hearing CHAIRMAN BUCKLEY: Are there any final questions by members of the City Council or the Agency? Questions by Members of the Council and Agency Agencymember Hickman stated he had received several calls which he had answered. Questions were related to mello -roos taxes, property tax, foreclosures, and reassessments. It was confirmed the City will be losing 1% from the reassessments of property tax. Agencymember Melendez questioned the term price- restricted units, regarding low income housing. Agency Counsel Leibold clarified the definition and Chairman Buckley gave an example of the definition. If there is no further testimony or evidence to be received, I will defer to Agency Counsel Leibold. AGENCY COUNSEL LEIBOLD: Written objections were received from property owners. Therefore, the Agency and City Council must continue their consideration of the proposed Amendments to their next regular meeting. The public hearing should be continued to the next regularly scheduled meeting of the City Council and Redevelopment Agency for the limited purpose of responding to the written objections admitted into the record tonight. No further public testimony will be received. Tonight, the Agency and City Council can take all actions outlined in the staff report except consideration of the Amended and Restated Plans themselves. That being the case, I need a motion to continue the public hearing to the next regularly scheduled meeting of the City Council and the Redevelopment Agency for the limited purpose of responding to the written objections admitted into the record tonight. Agenda Item No. 1 Page 25 of 29 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 14 of 17 MOTION made by Chairman Buckley, second by Agencymember Hickman and unanimously carried to continue the Public Hearing to the Next Regularly Scheduled Meeting of the City Council and Redevelopment Agency for the limited purpose of responding to the written objections admitted into the record tonight. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. CHAIRMAN BUCKLEY: This Joint Public Hearing of the City Council and the Agency is continued to the next regularly scheduled meeting to be held April 14, 2009, of the City Council and Redevelopment Agency for the limited purpose of responding to the written objections admitted into the record tonight. AGENCY ACTION ITEMS CHAIRMAN BUCKLEY: The Agency, in session, will now consider and act on the matters before it: 1. Resolution No. 2009 -02 approving and adopting the Initial Study and Negative Declaration prepared for the proposed Amended and Restated Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III. MOTION was made by Agencymember Melendez, second by Vice Chair Bhutta and unanimously carried to approve the Resolution No. 2009 -02 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. 2. Resolution No. 2009 -03 adopting the 2005 -2009 Amended and Restated Redevelopment and Housing Implementation Plan. Agenda Item No. 1 Page 26 of 29 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24` 2009 Page 15 of 17 MOTION was made by Vice Chair Bhutta, second by Agencymember Hickman and unanimously carried to approve the Resolution No. 2009 -03 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. 3. Resolution No. 2009 -04 adopting a Revised Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III. MOTION was made by Agencymember Hickman, second by Vice Chair Bhutta and unanimously carried to approve the Resolution No. 2009 -04 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. 4. Resolution No. 2009 -05 adopting Revised Owner Participation Rules for the Rancho Laguna Redevelopment Project Areas No. I, II and 111. MOTION was made by Vice Chair Bhutta, second by Agencymember Hickman and unanimously carried to approve the Resolution No. 2009 -05 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. CITY COUNCIL ACTIONS MAYOR MAGEE reconvened the City Council portion of the Joint Public Hearing at 8:46 p.m. The City Council, in session, will now consider and act on the matters before it: 1. City Council Resolution No. 2009 -09 adopting the Initial Study and Negative Declaration prepared for the proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II, and III. Agenda Item No. 1 Page 27 of 29 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 16 of 17 MOTION was made by Chairman Buckley, second by Councilmember Hickman and unanimously carried to approve the Resolution No. 2009 -09 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MAYOR MAGEE concluded the City Council action items and turned the proceedings back to the Agency Chair to conclude this portion of the meeting. 8:47 p.m. CHAIRMAN BUCKLEY re- convened the Redevelopment portion of the meeting Fillet u Do any of the Board Members or Agency Counsel Leibold have any concluding remarks? None. BUSINESS ITEMS) No business items were before the Redevelopment Agency. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES None. EXECUTIVE DIRECTOR COMMENTS None. LEGAL COUNSEL COMMENTS None. AGENCY MEMBER COMMENTS None. Agenda Item No. 1 Page 28 of 29 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 17 of 17 ADJOURNMENT There being no further business to come before the Redevelopment Agency, Chairman Buckley adjourned the meeting at 8:49 p.m. back to the City Council meeting. The Lake Elsinore Redevelopment Agency will adjourn to the next regular meeting scheduled to be held on Tuesday, April 14, 2009, in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. l)e17- &rWThQM4e w Debora Thomsen, CIVIC Agency Secretary of the Redevelopment Agency City of Lake Elsinore, California Agenda Item No. 1 Page 29 of 29