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HomeMy WebLinkAboutRDA Item No. 03CITY OF LADE '(�LSINOKE DREAM EXTREME. CITY OF LAKE ELSINORE JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIRMAN AND AGENCY BOARD MEMBERS FROM: ROBERT A. BRADY CITY MANAGER/EXECUTIVE DIRECTOR DATE: APRIL 14, 2009 SUBJECT: CONTINUED JOINT PUBLIC HEARING OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AND THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO CONSIDER ON THE PROPOSED AMENDED AND RESTATED REDEVELOPMENT PLANS FOR RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II AND III. Background On March 24, 2009, the Redevelopment Agency and City Council held a joint public hearing on the proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III (Amended and Restated Plans), the Initial Study /Negative Declaration prepared for the Amended and Restated Plans and the proposed Amended and Restated Redevelopment and Housing Implementation Plan 2005 -2009 (Amended and Restated Implementation Plan). During the hearing the Agency and Council were provided with a presentation by staff and had an opportunity to hear all evidence and testimony for and against adoption of the Amended and Restated Plans, Initial Study /Negative Declaration and Amended and Restated Implementation Plan. Following the close of the public testimony the Agency and Council took actions to approve and adopt the Initial Study /Negative Declaration and Amended and Restated Implementation Plan and other related actions. Discussion The Agency and Council must now consider the evidence and testimony presented at the joint public hearing prior to further consideration of the Amended and Restated Plans. Adoption of the proposed Amended and Restated Plans requires certain actions by the Agency and City Council. These include City Council adoption of findings in response to written objections to the Amended and Restated Plans, Agency adoption of a Resolution approving the Amended and Restated Plans and the City Council's first reading of the Ordinances adopting the Amended and Restated Plans. If first reading is Agenda Item No. 3 Page 1 of 49 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN UPDATE April 14, 2009 Page 2 approved, second reading of the Ordinances adopting the Amended and Restated Redevelopment Plans will be scheduled for the next regular City Council meeting on April 28, 2009. At the March 24, 2009 joint public hearing on the adoption of the Amended and Restated Plans, the City and Agency heard testimony regarding the Initial Study /Negative Declaration. At the close of the public testimony the Agency and City Council adopted and approved the Initial Study /Negative Declaration prepared for the Amended and Restated Redevelopment Plans. No further action is required. Fiscal Impact There is no fiscal impact associated with the adoption of the proposed Amended and Restated Redevelopment Plans. Recommendations 1. 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 in response to written objections to the adoption of the proposed Amended and Restated Plans for Rancho Laguna Redevelopment Project Areas No. I, 11 and 111. 3. Agency adopt Resolution No. 2009- approving the Amended and Restated Plans for the Rancho Laguna Redevelopment Project Areas No. 1, 11 and III. 4. City Council have first reading of Ordinance No. amending Ordinances Nos. 607, 624, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project No. I. 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 Plans for Rancho Laguna Redevelopment Project No. 11. 6. City Council have 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 No. III. Agenda Item No. 3 Page 2 of 49 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN UPDATE April 14, 2009 Page 3 Prepared by: Barbara Leibold City Attorney /Agency Counsel Approved by: Robert A. Brady City Manager /Executive Director Attachments: March 24, 2009 Joint Report to City Council and Redevelopment Agency for the Joint Public Hearing on the Proposed Amended and Restated Implementation Plan and Amendments to the Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II and III (without attachments). 2. City Council Resolution No. 2009- adopting findings in response to written objections to the adoption of the proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II and III with written findings in response to written objections attached as Exhibit "A" and the written objections attached to Exhibit "A" as Attachments A, B and C. 3. Agency Resolution No. 2009- approving the Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II and lll. 4. Ordinance No. an Ordinance of the City Council of the City of Lake Elsinore amending Ordinances Nos. 607, 624, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. I. 5. Ordinance No. an Ordinance of the City Council of the City of Lake Elsinore amending Ordinances Nos. 671, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. ll. 6. Ordinance No. an Ordinance of the City Council of the City of Lake Elsinore amending Ordinances No. 815, 987, and 1249 and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. III. Agenda Item No. 3 Page 3 of 49 CITY OF LADE LSII`IORT DREAM EXTREME. CITY OF LAKE ELSINORE JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIRMAN AND AGENCY BOARD MEMBERS FROM: ROBERT A. BRADY CITY MANAGER/EXECUTIVE DIRECTOR DATE: MARCH 24, 2009 SUBJECT: JOINT PUBLIC HEARING OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AND THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ON THE PROPOSED AMENDED AND RESTATED REDEVELOPMENT AND HOUSING IMPLEMENTATION PLAN 2005 -2009 AND AMENDMENTS TO THE REDEVELOPMENT PLANS FOR RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS N0. I, II AND III. Background The Redevelopment Agency of the City of Lake Elsinore is vested with the responsibility to carry out the functions and requirements of the California Community Redevelopment Law ( "CRL ") and to implement the Redevelopment Plans for each of the three Redevelopment Project Areas. The original redevelopment plan ( "Original Redevelopment Plan ") for Rancho Laguna Redevelopment Project No. I was adopted by Ordinance No. 607 on September 23, 1980 and, thereafter, has been amended three times: by Ordinance No. 624 adopted on July 20, 1981 to add territory ( "Added Area "); by Ordinance No. 987 on November 22, 1994 to conform limits to Assembly Bill 1290 (AB1290); and by Ordinance No.1249 on February 26, 2008 to repeal the debt establishment limit as provided by Senate Bill 211 (SB211), to extend the effectiveness date and time limit to repay debt and collect tax increment as provided by Senate Bill 1045 (SB1045) (for ERAF payments) and to make certain technical corrections. The original project area ( "Original Project Area ") and Added Area have separate redevelopment plan effectiveness limits, and limits to repay debt and receive tax increment. The Original Project Area and Added Area have combined tax increment and bond debt limits. The Redevelopment Plan for Rancho Laguna Redevelopment Project No. II was adopted by Ordinance No. 671 on July 18, 1983 and, thereafter, has been amended two times by Ordinance No. 987 on November 22, 1994 to conform time limits to AB1290 and by Ordinance No.1249 on February 26, 2008 to repeal the debt establishment limit Riverside County's Educational Revenue Augmentation Fund Agenda Item No. 3 Page 4 of 49 for affordable housing debt establishment only as provided by SB211, to extend the effectiveness date and time limit to repay debt and collect tax increment as provided by SB1045 (for ERAF payments), and to make certain technical corrections. The Redevelopment Plan for Rancho Laguna Redevelopment Project No. III was adopted by Ordinance No. 815 on September 8, 1987 and, thereafter, has been amended two times: by Ordinance No. 987 on November 22, 1994 to conform time limits to AB1290; and by Ordinance No.1249 on February 26, 2008 to repeal the debt establishment limit for affordable housing debt establishment only as provided by SB211 and to extend the effectiveness date and time limit to repay debt, collect tax increment as provided by SB1045 (for ERAF payments), and make certain technical corrections. Discussion Redevelopment Plan Update As noted above, each of the Agency's Redevelopment Plans was originally adopted in the 1980's and the format and presentation is generally outdated. Subsequent amendments have been separately documented and it is difficult to sort through these documents to determine the governing provisions of the Plans. In an effort to improve the "readability" of the Redevelopment Plans and clarify ambiguities that present challenges in implementation, the Agency desires to update the Redevelopment Plans by processing a minor amendment under the provisions of the CRL that will result in an Amended and Restated Plan for each Project Area. This action is consistent with the Agency's 2005 -2009 Redevelopment and Housing Implementation Plan which included the following among its Goals and Objectives: "Prepare amendments to each of the Agency's Redevelopment Plans in order to consolidate and update the original plans with previously adopted amendments into a more "user- friendly" single document and to eliminate ambiguities and inconsistencies." 2005 -09 Amended and Restated Redevelopment and Housing Implementation Plan CRL Section 33490 requires that redevelopment agencies adopt an implementation plan that shall contain the specific goals and objectives of the agency for the project area, the specific programs, including potential projects, and estimated expenditures proposed to be made during the next five years, and an explanation of how the goals and objectives, programs and expenditures will eliminate blight within the project area and implement the agencies' affordable housing requirements. In the preparation of the proposed Amended and Restated Redevelopment Plans, the Agency identified certain minor amendments to the 2005 -2009 Implementation Plan (adopted in November 2005 and evaluated in September 2008) including, technical corrections, updating of the financial, census and housing inventories, and updating the Agenda Item No. 3 Page 5 of 49 goals and objectives to reflect the current planning activities of the Agency that have been included within the 2005 -2009 Amended and Restated Implementation Plan. Amended and Restated Redevelopment Plans On November 25, 2008, the Agency adopted a Resolution taking several actions, including acceptance of the proposed Amended and Restated Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III and transmittal of the Updated Plans to the Planning Commission for its report and recommendation. On December 16, 2008, the Planning Commission adopted a Resolution making the required General Plan consistency findings and recommending Agency and City Council approval of the Updated Plans. On February 10, 2009, the Agency adopted and transmitted its Report to the City Council for the Amended and Restated Redevelopment Plans. Also on February 10, 2009, the City Council received the Agency's Report and both entities consented to a joint public hearing for consideration the Amended and Restated Plans to be conducted this evening. The Amended and Restated Redevelopment Plan for each of the Agency Rancho Laguna Redevelopment Project Areas is available for public review in the office of the Agency Secretary. Each of the proposed Amended and Restated Redevelopment Plans (i) reflects changes in the CRL that impose additional requirements and restrictions not reflected in the original text, (ii) incorporates all prior amendments, (iii) updates the land use provisions, (iv) clarifies and restates the time limits and financial limits, and (v) improves the format and presentation of the text and the Project Areas Maps. Once completed, the Amended and Restated Plans will provide the foundation for the Agency to pursue its downtown revitalization, affordable housing and economic development goals and other redevelopment activities. Update Plan Provisions to Current CRL Standards There have been substantial changes in the CRL since the Redevelopment Plans were adopted between 1980 and 1987. Changes include major redevelopment reform legislation in 1993 (Assembly Bill 1290) which among other things changed certain time limits and financial limits and increased affordable housing production requirements. Some of the changes in legislation only apply to new redevelopment plan adoptions or certain types of amendments but others such as affordable housing production are applicable to all projects with few exceptions. Specific changes that affect the existing redevelopment plans include: • Section 309 Property Acquisition clarifies that the Agency does not have eminent domain authority. • Section 313 Payments to Taxing Agencies were added, which reflect the Agency's current requirement to make statutory pass- through payments as a result of the benefits from eliminating the debt establishment limit with respect to the Rancho Laguna Redevelopment Project No. I. Agenda Item No. 3 Page 6 of 49 • Section 334 Replacement Housing tracks current requirements that 100% of the replacement housing units be available to persons in same income category or lower. • Section 336 New or Rehabilitated Units Developed within the Project Area describes the Agency's inclusionary housing requirements, which became effective in 1994. • Section 401 Permitted Land Uses references land uses allowed in the General Plan rather than describing in detail permitted land uses and has a provision that the land uses may change as the General Plan is amended from time to time. • Section 417 Non - discrimination and Non - segregation states that discrimination is prohibited and references the applicable sections of the Government Code rather than defining the specific nondiscrimination language to be included in leases and contracts. Incorporation of Past Amendments As described above, Project Area No. I has been amended three times and Project Areas No. II and III have been amended twice. When a Redevelopment Plan is amended, the standard method is to prepare a document (the amendment) which highlights the text of the Plan to be deleted and /or added. After adopting the amendment, it is therefore necessary to reference both the amendment and the original plan when consulting the Redevelopment Plan. In the case of Project Area No. I, a new Redevelopment Plan was adopted for the Added Area which was intended to amend the Original Redevelopment Plan. Adopting an Amended and Restated Redevelopment Plan for Project Area No. I would eliminate the two separate Redevelopment Plans and replace these Plans with an Amended and Restated Plan that would also include the third amendment. The new Amended and Restated Redevelopment Plans for Project Areas No. II and III would incorporate prior amendments and, therefore, would be easier to reference and avoid potential confusion from consulting the amendments when reading the Redevelopment Plans. The following table summarizes the Redevelopment Plan time and financial limits currently in effect based upon the various amendments. Agenda Item No. 3 Page 7 of 49 Redevelopment Plan Limits for Project Areas No. I, No. II, and No. III Clarify Cumulative Tax Increment Limit The three existing Redevelopment Plans identify tax increment limits on a fiscal year basis. This annual allocation provides certainty in connection with Agency budgeting and the issuance of Agency debt by assuring annual allocations of tax increment throughout the Plan's time limit to repay debt. The proposed Amended and Restated Redevelopment Plans clarify that any shortfall within the allowable annual allocation of tax increment is carried forward to the following year or years and is available to the Agency until the period for receipt of tax increment/repayment of debt has terminated. For example, if the Agency received $2 million in tax increment in a fiscal year from Project No. I, which has a $3 million annual limit, the balance of $1 million would roll- over and be applied to future fiscal years such that the Agency could receive up to $4 million during the following fiscal year, assuming the Project Area generated $4 million in tax increment revenues. The Agency cannot receive tax increment in any fiscal year that exceeds the sum of the annual limit plus any unallocated revenues from previous years. Nor can the Agency receive tax increments over the life of the applicable Redevelopment Plan in excess of the aggregate of the annual limits. Joint Public Hearing Procedure In order to adopt the Amendments as incorporated in the Amended and Restated Redevelopment Plans, the CRL provides that there be a joint public hearing of the City Council and the Agency to hear testimony for and against the proposed Amendments. The hearing will also be a hearing for the Negative Declaration prepared for the Amended and Restated Plans and the Amended and Restated Redevelopment and Housing Implementation Plan 2005 -2009. Agenda Item No. 3 Page 8 of 49 Debt Plan Term Debt Tax Bond Debt Eminent Establishment Expires Repayment Increment Domain (receive tax increment) Expires Project No. I Repealed 9/23/21 9/23/31 expired (Original Area) Adopted 9/23/80 $3 million annually $30 million for both Project No. I Repealed 7/20/22 7/20/32 expired (Added Area) for both areas Adopted 7/20/81 areas Project No. II Repealed for 7118/24 7/18/34 $15 million $120 expired Adopted 7/18/83 affordable housing annually million debt — non - housing authority expired Project No. III Repealed for 9/8/28 9/8/38 $20 million $150 expired Adopted 9/8/87 affordable housing annually million debt — Non- housing authority expired Clarify Cumulative Tax Increment Limit The three existing Redevelopment Plans identify tax increment limits on a fiscal year basis. This annual allocation provides certainty in connection with Agency budgeting and the issuance of Agency debt by assuring annual allocations of tax increment throughout the Plan's time limit to repay debt. The proposed Amended and Restated Redevelopment Plans clarify that any shortfall within the allowable annual allocation of tax increment is carried forward to the following year or years and is available to the Agency until the period for receipt of tax increment/repayment of debt has terminated. For example, if the Agency received $2 million in tax increment in a fiscal year from Project No. I, which has a $3 million annual limit, the balance of $1 million would roll- over and be applied to future fiscal years such that the Agency could receive up to $4 million during the following fiscal year, assuming the Project Area generated $4 million in tax increment revenues. The Agency cannot receive tax increment in any fiscal year that exceeds the sum of the annual limit plus any unallocated revenues from previous years. Nor can the Agency receive tax increments over the life of the applicable Redevelopment Plan in excess of the aggregate of the annual limits. Joint Public Hearing Procedure In order to adopt the Amendments as incorporated in the Amended and Restated Redevelopment Plans, the CRL provides that there be a joint public hearing of the City Council and the Agency to hear testimony for and against the proposed Amendments. The hearing will also be a hearing for the Negative Declaration prepared for the Amended and Restated Plans and the Amended and Restated Redevelopment and Housing Implementation Plan 2005 -2009. Agenda Item No. 3 Page 8 of 49 The purpose of the hearing is to hear testimony for or against the adoption of the proposed Amendments, Negative Declaration and Amended and Restated Redevelopment and Housing Implementation Plan 2005 -2009. Following the joint public hearing, the final steps in the amendment process are: 1) introduction of the ordinance adopting the Amended and Restated Redevelopment Plans and 2) second reading of the ordinance adopting the Amended and Restated Redevelopment Plans (tentatively scheduled for April 14, 2009). CEQA Determination Based on the Initial Study prepared and distributed to the Agency and City Council and available for public review in the office of the Agency Secretary, there is no substantial evidence that the adoption of the Amended and Restated Redevelopment Plans may have a significant effect on the environment. On December 12, 2008, the Agency published a Notice of Availability and Notice of Intent to adopt an Initial Study /Negative Declaration for the Project and directly mailed the same to responsible agencies, trustee agencies and County Clerk for a 20 -day review period ending on January 2, 2009. The Agency received three comment letters during the public comment period. The letters from the Riverside County Flood Control and Pala Band of Mission Indians indicated that those entities had no objection and no comments on the proposed amendments. The letter received from the Morongo Band of Mission Indians requested project specific cultural resources mitigation. Both the City of Lake Elsinore and the Agency have standard cultural mitigation measures that will be imposed at a project level basis as development applications are submitted. At the joint public hearing on the adoption of the Amended and Restated Plans, the City and Agency will hear testimony regarding the Initial Study /Negative Declaration. The Agency and City Council will consider the Initial Study /Negative Declaration, testimony, and all comments received during the public review process prior to action on the adoption of the Amended and Restated Redevelopment Plans. Revised Plan or Method of Relocation and Revised Owner Participation Rules As part of the Redevelopment Plan Update, the Agency also desires to update the Method or Plan for Relocation and the Agency's Owner Participation Rules originally adopted in the 1980's. The Revised Method or Plan for Relocation and Revised Owner Participation Rues each apply to all three Project Areas and reflect current CRL and other applicable laws. These documents broadly summarize relocation requirements and participation opportunities that will be provided in connection with the Agency's redevelopment activities. Future amendments to applicable CRL and other statutory provisions will automatically be incorporated and apply to the Agency's adopted Method or Plan for Relocation and Owner Participation Rules. Agenda Item No. 3 Page 9 of 49 Notice Notice of this meeting was published in accordance with applicable requirements of the Ralph M. Brown Act. Notice of the joint public hearing of the Agency Board and the City Council 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. A copy of the posted Notice and an Affidavit of Posting is attached to this Staff Report 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. A copy of the Notice, Affidavit of Publication and Certificates of Mailing are also attached to this Staff Report. In addition, a community information meeting on the proposed Amended and Restated Implementation Plan and proposed Amended and Restated Redevelopment Plans was held at the Cultural Center on March 18, 2009, at 7:00 pm in the Cultural Center. Chairman Buckley and Agency staff made a short presentation and answered questions from a full house of approximately 150 property owners and other interested persons representing each of the Project Areas. Many people sought clarification that the Redevelopment Plans simply mirror the land uses in the City's General Plan and that no new or different land use designations or building standards are imposed as part of the redevelopment plan update. Most questions were answered during the Community Meeting. Those who signed an interest list with specific issues were called by staff the morning of March 19, 2009 in an effort to answer all questions and concerns Fiscal Impact There is no fiscal impact associated with the adoption of the proposed Amended and Restated Redevelopment Plans. Recommendations 1. Agency and City Council hold a joint public hearing on the proposed Amendments and related actions. 2. Agency adopt Resolution No. 2009 -_ 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. 3. Agency adopt Resolution No. 2009 -_ adopting the 2005 -2009 Amended and Restated Redevelopment and Housing Implementation Plan. Agenda Item No. 3 Page 10 of 49 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, 11 and III. Agency adopt Resolution No. 2009 -_ approving the Amendments to the Redevelopment Plans for the Rancho Laguna Redevelopment Project Areas No. 1, II and III. 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, 11, and III. 8. City Council conduct first 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 conduct first 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. 11. 10.City Council conduct first 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. Prepared by: Barbara Leibold City Attorney /Agency Counsel Approved by: Robert A. Brady City Manager /Executive Director Agenda Item No. 3 Page 11 of 49 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING FINDINGS IN RESPONSE TO WRITTEN OBJECTIONS TO THE ADOPTION OF THE PROPOSED AMENDED AND RESTATED REDEVELOPMENT PLANS FOR RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II AND III WHEREAS, the Redevelopment Agency of the City of Lake Elsinore ( "Agency ") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part 1 of Division 24, commencing with Section 33000, of the Health and Safety Code of the State of California ( "CRL ")); and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plans ( "Redevelopment Plans ") for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III ( "Project Areas ") which were adopted by the Agency's legislative body, the City Council of the City of Lake Elsinore ( "City Council "), by Ordinance No. 607 on September 23, 1980 and thereafter amended by Ordinance No. 624 on July 20, 1981, Ordinance No. 987 on November 22, 1994 and Ordinance No. 1249 on February 26, 2008 (Project Area No. 1), by Ordinance 671 on July 18, 1983 and thereafter amended by Ordinance No. 987 on November 8, 1994 and Ordinance No. 1249 on February 26, 2008 (Project Area No. 11), and by Ordinance No. 815 on September 8, 1987 and thereafter amended by Ordinance No. 987 on November 8, 1994 and Ordinance No. 1249 on February 26, 2008 (Project Area No. III); and WHEREAS, the Agency desires to amend the Redevelopment Plans for Project Areas No. I ( "Fourth Amendment "), No. II ( "Third Amendment ") and No. III ( "Third Amendment "), collectively referred to herein as the "Amendments ", pursuant to CRL Sections 33450 -33458 to incorporate into a single Amended and Restated Redevelopment Plan for each Project Area No. I, No. II and No. III all prior amendments, update the provisions of each Redevelopment Plan to reflect current CRL provisions, clarify and restate the time limits and financial limits of each Redevelopment Plan, update the land use designations for consistency with the City's General Plan as may be amended from time to time, and improve the format and presentation of the Redevelopment Plans (the "Amended and Restated Plans "); and WHEREAS, on March 24, 2009, the City Council and the Agency held a joint public hearing to consider adoption of the Amended and Restated Plans; and WHEREAS, the City Council has provided an opportunity for all persons to be heard and has considered all written comments received and all evidence and testimony presented for or against any and all aspects of the Amended and Restated Plans; and Agenda Item No. 3 Page 12 of 49 WHEREAS, Section 33363 of the Community Redevelopment Law provides that, before adopting the Amended and Restated Plans, the City Council shall make written findings in response to each written objection received before or at the noticed public hearing from an affected property owner or taxing entity; and WHEREAS, the City Council and Agency received written comments and objections to the Amended and Restated Plans from three (3) affected property owners before or at the joint public hearing on adoption of the Amended and Restated Plans; the written comments and objections are attached hereto as Attachments A, B, and C to Exhibit "A" and are incorporated herein by reference; and WHEREAS, the City Council desires to adopt written findings in response to the written objections received before or at the joint public hearing prior to acting on adoption of the Amended and Restated Plans. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council hereby adopts the "Written Findings in Response to Written Objections Received Before or at the Joint Public Hearing Concerning Adoption of the Proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, 11 and III" as set forth in Exhibit "A ", attached hereto and incorporated herein by reference. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this 14 day of April 2009. ROBERT MAGEE, MAYOR ATTEST: DEBORA THOMSEN, CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD, CITY ATTORNEY Agenda Item No. 3 Page 13 of 49 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009- was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 14th day of April 2009, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: DEBORA THOMSEN, CITY CLERK Agenda Item No. 3 Page 14 of 49 EXHIBIT "A" Written Findings in Response to Written Objections Received Before or at the Joint Public Hearing Concerning Adoption of the Proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II and III Agenda Item No. 3 Page 15 of 49 EXHIBIT "A" WRITTEN FINDINGS IN RESPONSE TO WRITTEN OBJECTIONS RECEIVED BEFORE OR AT THE JOINT PUBLIC HEARING CONCERNING ADOPTION OF THE PROPOSED AMENDED AND RESTATED REDEVELOPMENT PLANS FOR RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II AND III Section 33363 of the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) imposes upon a legislative body contemplating the adoption (or amendment) of a redevelopment plan the obligation to consider any written objections received from an affected property owner or taxing entity before or at the noticed public hearing on said plan and to adopt written findings in response to each such written objection. On March 24, 2009, the City Council of the City of Lake Elsinore (the "City Council ") and the Redevelopment Agency of the City of Lake Elsinore (the "Agency ") held a noticed joint public hearing to consider the proposed fourth amendment to Lake Elsinore Redevelopment Plan for Project Area No. I ( "Fourth Amendment'), the proposed third amendment to Lake Elsinore Redevelopment Plan for Project No. II ( "Third Amendment') and the proposed third amendment to the Redevelopment Plan for Lake Elsinore Project No. III ( "Third Amendment'), collectively the "Amended and Restated Plans" and 'Project Areas ". Written comments and objections to the proposed adoption of the Amended and Restated Plans were received by the City Council and Agency from affected property owners, before the noticed joint public hearing. Copies of the written comments and objections are attached to this Exhibit "A" as follows: Attachment No. 1 - Email correspondence dated March 12, 2009, from Kevin and Janice Campion (property owners in Project Area No. III). Attachment No. 2 - Letter dated March 11, 2009, from Derill C. Ferguson (property owner in Project Area No. 1). Attachment No. 3 - Letter dated March 10, 2009, from George J. Koliber (property owner in Project Area No. 1). EXHIBIT "A" Agenda Item No. 3 Page 16 of 49 The following provides a summary of each of those comments and objections, together with the findings of the City Council in response thereto. A. Attachment No. 1 — Email correspondence dated March 12, 2009, from Kevin and Janice Campion The authors state that redevelopment is not necessary and is another method to collect fees and impose land use controls. Also, that redevelopment discriminates against small property owners and favors developers. The authors suggest that owners wishing to participate in a redevelopment project be allowed. to be an equity partner in the project without having to participate in some other form of project financing. Findings of the City Council in Response The proposed Amended and Restated Plans are technical in nature and do not include any properties in a redevelopment project that are not already included. All of the boundaries of the Redevelopment Project Areas were established in the 1980s. Land uses within the Redevelopment Project Areas mirror the General Plan land use designations as exist today or as may be amended. The Agency does not exercise independent land use control nor does the Agency process land use entitlements. The process for development approval is the same inside of a Redevelopment Project Area as elsewhere in the City. Also, redevelopment does not impose any fees or controls that are different from other areas of the City that are not in a Redevelopment Project Area. All owners, regardless of size, are given equal opportunities to participate in with the Agency in the redevelopment of their property. This could take the form on an equity participation as suggested by the authors. As stated in the adopted "Rules Governing Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants" (Rules) owners of real property within the Project Areas shall be extended reasonable opportunities to participate in the redevelopment of property in the Project Areas in conformity with the Amended and Restated Plans and the Rules. Similarly, business occupants engaged in business in the Project Areas shall be extended reasonable preferences to re- enter in business within the redeveloped area if they otherwise meet the requirements prescribed by the Amended and Restated Plans and the Rules. EXHIBIT "A" 2 Agenda Item No. 3 Page 17 of 49 B. Attachment No. 2 — Letter dated March 11, 2009, from Derill C. Ferguson The author objects to the proposed Amended and Restated Plans and the Amended and Restated Implementation Plan as it pertains to assessor parcel number 377281001. Findings of the City Council The author does not state a reason for the objection. The proposed Amended and Restated Plans do not add territory or change any authority or limits of the Redevelopment Plans. The purpose of the amendments is to consolidate and update the original plans with previously adopted amendments into a more "user - friendly" single document and to eliminate ambiguities and inconsistencies. The Amended and Restated Redevelopment Plans: (i) reflect changes in the California Redevelopment Law (CRL) that impose additional requirements and restrictions not reflected in the original text; (ii) incorporate all prior amendments; (iii) update the land use provisions; (iv) clarify and restate the time limits and financial limits; and (v) improve the format and presentation of the text and the Project Areas Maps. C . Attachment No. 3 — Letter dated March 10. 2009, from George J. Koliber The author suggests creating a "live, work, play" mixed -use zone to be facilitated by extending Baker Street and completion of the new Nichols Road. The new zone would have the benefit of creating jobs and increasing the tax base for the City. The author offers to cooperate with the Redevelopment Agency. Findings of the City Council The area to which the author is referring is generally zoned "Limited Industrial" with the area immediately adjacent to Interstate 15 zoned "General Commercial" (location of Lake Elsinore Outlet Center). The Agency shares the same goals and objectives as the author. As defined in the current Redevelopment and Housing Implementation Plan 2005 -2009, one of the Agency's goals is to: "Identify locations within the project areas with the greatest opportunity for economic development and encourage the development and revitalization of commercial and industrial projects /programs that will expand the area's economic base and provide new job opportunities for all segments of the community ". EXHIBIT "A" 3 Agenda Item No. 3 Page 18 of 49 Also, a goal of the Agency is to: "Identify and prioritize necessary public works improvements or facilities, which will promote the development of land uses, as appropriate, and eliminate unhealthy and dangerous conditions ". Agency funding of the proposed extension of Baker Street and Nichols Road is not currently available and, consequently, it is not one of the near term proposed improvements. The Agency will be adopting a new Implementation Plan at the end of 2009 at which time the Agency can evaluate prioritization of public improvement projects to be implemented in the Redevelopment Project Areas. EXHIBIT "A" 4 Agenda Item No. 3 Page 19 of 49 Attachment A —Letter from Derill C. Ferguson, Dated March 11, 2009 Agenda Item No. 3 Page 20 of 49 March 11, 2009 Dear Steven McCarty, I wish to sent you this letter with my objections to the proposed Amendments, Amended and Restated Implementation Plan as it pertains to assessor's parcel number 377281001 with regards to applicable California and federal laws in response to your letter dated February 18, 2009 signed by the City Clerk, Carol Cowley. Sincerely,, Derill C. Ferguson MAR 1 12009 III' B Y: Agenda Item No. 3 Page 21 of 49 Attachment B — Email Correspondence from Kevin and Janice Campion, Dated March 12, 2009 Agenda Item No. 3 Page 22 of 49 From: Kevin and Janice Campion [cdrealty@pacbell.net] Sent: Thursday, March 12, 2009 6:20 PM To: Thomas Buckley Subject: rda plan upcoming re the general plan I will not be able to attend the March meeting discussuing the new RDA coverage re the general plan .1 have read a bit of it and want to have my opinions presented. Firstly it does not appear to be necessary as the GP is what it is - this RDA overlap or restatement is not necessary and appears as a way to get additional fees and control and limiting rights .Secondily it discriminates against owners wanting to participate with RDA projects that may go around and include their property-cities give land ,ternts,funding to the bigger project around the parcel to non developer property owners -not the regular citizens who pay taxes to Elsinore ..Neither the city nor the developer want the property owners to participate -who are you kidding Typically the city knows these type owners do not have the expertise, contacts,or extra cah nor city help to do a whole project.Even though the writeup tries to show the owners can participatet it is contigent on them being able to do a whole project -which is impossible in most if not all cases.Therefore the participation clause is shallow words Owners in your city and others do not get to participate nor does the RDA "s want them and tries to prevent them from doing so just as the restrictions in you proposal accomplish for youA suggest that the write up on owner participation be the the owners can put in their equity for a % of the project — giving them a chance to really participate without and additional requirement especially requiring them to raise money and financing for the projects costs. Sorry to say RDA's write up appears very sneaky and insincere to the taxpayers and I hope they bring that up to you.This write up is custom made for developers not the citizens.-Elsinore Taxpayer —Kevin C Agenda Item No. 3 Page 23 of 49 Attachment C - Letter from George J. Koliber, Dated March 20, 2009 Agenda Item No. 3 Page 24 of 49 George J. Koliber 5555 Heron Point Drive -501 Naples, Florida 34108 (239) 566 -7520 gniknplsnyahoo.com March 10, 2009 Mr. Robert A. Brady City Manager /Executive Director City of Lake Elsinore Redevelopment Agency 130 South Main Street Lake Elsinore, California 92530 Re: Hearing for Rancho Laguna Redevelopment MA? 13 20;;9 D, M�; ►ti !? - -^ y OFFICE Thank you for inviting me to the meeting. Since I cannot attend I am taking the liberty of offering some comments and suggestions. Lake Elsinore is a unique city for "live, work, play ". Unfortunately, there are not many jobs in the area and residents must drive long distances for the jobs that do exist. With the economic stimulus plan there might be an opportunity to create a "live, work, play zone" (mixed use) by moving ahead with the Baker Street extension. With the eventual completion of the new Nichols Road, the City could create many new jobs in this area and increase the tax base of the City. This area is very visible from I15 and would be very attractive for bringing new industry and high income persons to your City. My representative has met with Ken Seumalo regarding access through my property. Please be assured that we will cooperate with your organization as necessary. Best of luck at your meeting. Sincer 4Jolil�� George Agenda Item No. 3 Page 25 of 49 RESOLUTION NO. 2009- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THE AMENDED AND RESTATED REDEVELOPMENT PLANS FOR THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II AND III WHEREAS, the Redevelopment Agency of the City of Lake Elsinore ( "Agency ") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part 1 of Division 24, commencing with Section 33000, of the Health and Safety Code of the State of California ( "CRL ")); and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plans ( "Redevelopment Plans ") for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III ( "Project Areas "), which were adopted by the Agency's legislative body, the City Council of the City of Lake Elsinore ( "City Council "), by Ordinance No. 607 on September 23, 1980 and thereafter amended by Ordinance No. 624 on July 20, 1981, Ordinance No. 987 on November 22, 1994 and Ordinance No. 1249 on February 26, 2008 (Project Area No. 1), by Ordinance 671 on July 18, 1983 and thereafter amended by Ordinance No. 987 on November 8, 1994 and Ordinance No. 1249 on February 26, 2008 (Project Area No. II), and by Ordinance No. 815 on September 8, 1987 and thereafter amended by Ordinance No. 987 on November 8, 1994 and Ordinance No. 1249 on February 26, 2008 (Project Area No. III); and WHEREAS, the Agency desires to amend the Redevelopment Plans for Project Areas No. I ( "Fourth Amendment "), No. II ( "Third Amendment ") and No. III ( "Third. Amendment "), collectively referred to herein as the "Amendments ", pursuant to CRL Sections 33450 -33458 to incorporate into a single Amended and Restated Redevelopment Plan for each Project Area No. I, No. II and No. III all prior amendments, update the provisions of each Redevelopment Plan to reflect current CRL provisions, clarify and restate the time limits and financial limits of each Redevelopment Plan, update the land use designations for consistency with the City's General Plan as may be amended from time to time, and improve the format and presentation of the Redevelopment Plans; and WHEREAS, the Agency has prepared and completed an Amended and Restated Redevelopment Plan in draft form for Project Areas No. I, II and III (collectively, the "Amended and Restated Plans "); and WHEREAS, the Agency has caused to be prepared a Report to the City Council on the proposed Amended and Restated Plans ( "Agency's Report") pursuant to CRL Section 33352; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. Agenda Item No. 3 Page 26 of 49 NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The proposed Amended and Restated Plans, including all related documents, correspondence and transmittals, copies of which are on file in the office of the City Clerk, are hereby approved. SECTION 2. The Redevelopment Agency_ of the City of Lake Elsinore hereby recommends approval and adoption of the proposed Amended and Restated Plans by the City Council of the City of Lake Elsinore. PASSED, APPROVED, AND ADOPTED this 14 day of April, 2009. THOMAS BUCKLEY, CHAIRMAN ATTEST: DEBORA THOMSEN, AGENCY SECRET APPROVED AS TO FORM: BARBARA LEIBOLD, AGENCY COUNSEL Agenda Item No. 3 Page 27 of 49 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Debora Thomsen, Agency Secretary of the Redevelopment Agency of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009- was adopted by the Redevelopment Agency Board of the Redevelopment Agency of the City of Lake Elsinore at a regular meeting held on the 14 day of April 2009, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: DEBORA THOMSEN, AGENCY SECRETARY Agenda Item No. 3 Page 28 of 49 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING ORDINANCES NOS. 607, 624, 987 AND 1249, AND APPROVING AND ADOPTING THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. I WHEREAS, the Redevelopment Agency of the City of Lake Elsinore ( "Agency ") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part 1 of Division 24, commencing with Section 33000, of the Health and Safety Code of the State of California ( "CRL ")); and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plan ( "Redevelopment Plan ") for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. I ( "Project Area "), which was adopted by the Agency's legislative body, the City Council of the City of Lake Elsinore ( "City Council "), by Ordinance No. 607 on September 23, 1980 and thereafter amended by Ordinance No. 624 on July 20, 1981, Ordinance No. 987 on November 22, 1994 and Ordinance No. 1249 on February 26, 2008 ( "Project Area No. I "); and WHEREAS, the Agency desires to amend the Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. I ( "Fourth Amendment ") pursuant to CRL Sections 33450 -33458 to incorporate into a single Amended and Restated Redevelopment Plan all prior amendments, update the provisions of the Redevelopment Plan to reflect current CRL provisions, clarify and restate the time limits and financial limits of the Redevelopment Plan, update the land use designations for consistency with the City's General Plan as may be amended from time to time, and improve the format and presentation of the Redevelopment Plan; and WHEREAS, the Agency has prepared and completed an Amended and Restated Redevelopment Plan in draft form for the Rancho Laguna Redevelopment Project Area No. I (the "Amended and Restated Plan "); and WHEREAS, the ordinances adopting the Redevelopment Plan and subsequent amendments (collectively, the "Original Ordinances "), including the findings and determinations made by the City Council therein are made a part hereof by reference, and are final and conclusive, there having been no action timely brought to question the validity of the Redevelopment Plan; and WHEREAS, the Planning Commission of the City of Lake Elsinore ( "Planning. Commission ") has reviewed the Amended and Restated Plan, recommended the approval and adoption of it and certified that the Amended and Restated Plan conforms to the General Plan; and WHEREAS, the City Council has received from the Agency the proposed Amended and Restated Plan, a copy of which is on file at the office of the City Clerk, Agenda Item No. 3 Page 29 of 49 130 South Main Street, Lake Elsinore, California, together with the Agency's Report to the City Council, including a description and reasons for the Amended and Restated Plan; goals and objectives, proposed projects and blight elimination; the proposed method of financing, economic feasibility and reasons for including division of taxes pursuant to CRL Section 33670; the implementation plan; the method or plan for relocation; the report of the Planning Commission of the City with respect to the conformity of the Amended and Restated Plan with the General Plan; the Negative Declaration; a neighborhood impact report; and a summary of consultations with affected taxing agencies; and WHEREAS, a Project Area Committee was not required to be formed in connection with the Amended and Restated Plan because the proposed Amended and Restated Plan does not alter or provide the Agency with the authority to use eminent domain and does not add any territory to the Project Area; and WHEREAS, the City Council and the Agency held a joint public hearing on March 24, 2009, in the Cultural Center, 183 N. Main Street, Lake Elsinore, California, to consider the adoption of the Amended and Restated Plan; and WHEREAS, notice of said joint public hearing was duly and regularly published in a newspaper of general circulation in the City, once a week for four successive weeks prior to the date of such joint public hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk and the Agency; and WHEREAS, copies of the notice of joint public hearing were mailed by first class mail to the last known address of each assessee of each parcel of land in the Project Area, as shown on the last equalized assessment roll of the County of Riverside; and WHEREAS, copies of the notice of joint public hearing were mailed by first class mail to all residents and businesses in the Project Area; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency that receives taxes from property in the Project Area; and WHEREAS, the City Council has considered the report and recommendation of Agency staff, the Planning Commission, the Agency's Report to the City Council, the Negative Declaration and the Amended and Restated Plan, and has provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony presented for or against any and all aspects of the Amended and Restated Plan and has made written findings in response to each written objection of an affected property owner or taxing entity, if any, filed with the City Clerk before or during such joint public hearing; and WHEREAS, all actions required by law have been taken by all appropriate public bodies. Agenda Item No. 3 Page 30 of 49 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The purpose and intent of the Amended and Restated Redevelopment Plan is to incorporate into a single document all prior amendments, update the provisions of the Redevelopment Plan to reflect current CRL provisions, clarify and restate the time limits and financial limits of the Redevelopment Plan, update the land use designations for consistency with the City's General Plan as may be amended from time to time, and improve the format and presentation of the Redevelopment Plan. This action will improve the readability of the Redevelopment Plan and clarify ambiguities that currently present challenges in implementation. SECTION 2. Based on the evidence in the record, including, but not limited to, the Agency's Report to the City Council prepared in accordance with CRL Section 33457.1, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Amended and Restated Plan held on March 24, 2009, the City Council hereby makes the following findings and determinations: a) The Amended and Restated Plan will permit the continued redevelopment of the Project Area in conformity with the CRL and in the interests of the public peace, health, safety and welfare. This finding is based upon the fact that the Amended and Restated Plan will update the provision of the Redevelopment Plan to reflect current CRL provisions. Also, the Amended and Restated Plan will provide for the ongoing consistency of permitted land uses between the Amended and Restated Plan and the City's General Plan. This action will enable the Agency to fully achieve the goals and objectives for redevelopment of the Project Area pursuant to the Amended and Restated Plan and allow for the future development and redevelopment of the Project Area in accordance with the General Plan. In addition, the Amended and Restated Plan will clarify that any shortfall within the allowable annual allocation of tax increment is carried forward to the following year or years and is available to the Agency until the period of receipt of tax increment/repayment of debt has terminated, thereby providing funding for projects and programs to further eliminate existing blighting conditions that remain in the Project Area and preventing the reoccurrence of blighting conditions. b) The adoption and carrying out of the Amended and Restated Plan is economically sound and feasible. This finding is based on the fact that under the Amended and Restated Plan, the Agency will continue to be authorized to seek and utilize a variety of potential financing resources, including property tax increment revenues; that the nature and timing of public redevelopment assistance within the Project Area will continue to depend upon the amount and availability of such financing resources, including tax increment generated by new investment in the Project Area; that under the Amended and Restated Plan, no public redevelopment activity can be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; and that the Amended and Restated Plan does not alter the financing plan previously prepared and included within the Agency's Reports to the City Council prepared for the Redevelopment Plan or the Amended and Restated Plan. Agenda Item No. 3 Page 31 of 49 c) The Amended and Restated Plan is consistent with the General Plan, including, but not limited to, the Housing Element of the General Plan, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based upon the General Plan and the findings of the Planning Commission that the Amended and Restated Plan conforms to the General Plan as set forth in its Resolution No. 2008 -106. d) The carrying out of the Amended and Restated Plan would promote the public peace, health, safety and welfare of the City and would effectuate the purposes and policies of the CRL. This finding is based on the fact that the Amended and Restated Plan will provide for the ongoing consistency of permitted land uses between the Amended and Restated Plan and the City's General Plan for property within the Project Area, clarify ambiguities on the collection of tax increment and will improve the ease of administration of the Redevelopment Plan. This action will enable the Agency to fully achieve the goals and objectives for redevelopment of the Project Area pursuant to the Amended and Restated Plan and allow for the future development and redevelopment of the Project Area in accordance with the General Plan thereby further eliminating existing blighting conditions that remain in the Project Area and preventing the reoccurrence of blighting conditions. e) The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently, from housing facilities in the Project Area. This finding is based upon the facts set forth in the Agency's Report to the City Council, in particular that: 1) the Agency has adopted the relocation guidelines promulgated by the California Department of Housing and Community Development requiring that relocation assistance and benefits be provided; and 2) the Amended and Restated Plan does not contemplate any actions that would lead to the displacement of any occupants of housing facilities in the Project Area. f) There are, or shall be provided, within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to CRL Sections 33411 and 33411. 1, and dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to CRL Sections 33334.5, 33413 and 33413.5. g) Upon the approval of this Ordinance amending Ordinances Nos. 607, 624, 987, and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. I, the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. I shall become the official redevelopment plan of the project area. Agenda Item No. 3 Page 32 of 49 SECTION 3. The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the Project Area, if any, are displaced, and that pending the development of such facilities, there will be available to any such displaced residential occupants temporary housing facilities at rents comparable to those in the City at the time of their displacement. No persons or families of low and moderate income shall be displaced from residences unless and until there are suitable housing units available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. SECTION 4. The City Council is satisfied that written findings have been adopted in response to each written objection, if any, of an affected property owner or taxing entity received either before or during the noticed joint public hearing on the Amended and Restated Plan. Having considered all evidence and testimony presented for or against any aspect of the Amended and Restated Plan, the City Council hereby overrules all written and oral objections to the Amended and Restated Plan. SECTION 5. The Agency and the City Council have reviewed and considered the Initial Study /Negative Declaration on the Amended and Restated Plan, as prepared and submitted pursuant to CEQA, the CEQA Guidelines, and CRL Section 33352, and determined that the Amended and Restated Plan will not have a significant effect on the environment. SECTION 6. The Redevelopment Plan, as adopted by the Original Ordinance, is hereby further amended as set forth in the Amended and Restated Plan distributed to the City Council and on file as a public record in the office of the City Clerk and incorporated herein by this reference. The Amended and Restated Plan, when filed with the City Clerk and the Secretary of the Agency, shall constitute the official Amended and Restated Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. 1. SECTION 7. In order to implement and facilitate the effectuation of the Amended and Restated Plan hereby approved, it may be necessary for the City Council to take certain actions, and accordingly, this City Council hereby: (a) pledges its cooperation in helping to carry out the Amended and Restated Plan; (b) authorizes and directs the various officials, departments, boards, and agencies of the City having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with redevelopment of the Project Area; (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Amended and Restated Plan; and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City under the provisions of the Amended and Restated Plan. SECTION 8. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Amended and Restated Plan. Agenda Item No. 3 Page 33 of 49 SECTION 9. The City Clerk is hereby directed to record with the County Recorder of the County of Riverside a notice of the approval and adoption of the Amended and Restated Plan pursuant to this Ordinance containing a statement that proceedings for the redevelopment of the Project Area pursuant to the Amended and Restated Redevelopment Plan have been instituted under the CRL. SECTION 10. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same or a summary thereof to be published in a newspaper of general circulation, which is published and circulated in the City of Lake Elsinore. SECTION 11. This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. SECTION 12. If any part of this Ordinance or the Amended and Restated Plan that it approves, is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion(s) of this Ordinance or of the Amended and Restated Plan, and this City Council hereby declares that it would have passed the remainder of the Ordinance, or approved the remainder of the Amended and Restated Plan, if such invalid portion thereof had been deleted. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, of this 14 day of April 2009. ROBERT MAGEE, MAYOR ATTEST: DEBORA THOMSEN, CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD, CITY ATTORNEY Agenda Item No. 3 Page 34 of 49 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, DEBORA THOMSEN, Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Ordinance No. was duly introduced at a regular meeting of the City Council of the City of Lake Elsinore, on the 14 day of April 2009, and was passed by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN, CITY CLERK Agenda Item No. 3 Page 35 of 49 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE 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 WHEREAS, the Redevelopment Agency of the City of Lake Elsinore ( "Agency ") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part 1 of Division 24, commencing with Section 33000, of the Health and Safety Code of the State of California ( "CRL ")); and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plan ( "Redevelopment Plan ") for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. II ( "Project Area ") which was adopted by the Agency's legislative body, the City Council of the City of Lake Elsinore ( "City Council "), by Ordinance No. 671 on July 18, 1983, and thereafter amended by Ordinance No. 987 on November 22, 1994, and Ordinance No. 1249 on February 26, 2008 ( "Project Area No. I["); and WHEREAS, the Agency desires to amend the Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. II ( "Third Amendment ") pursuant to CRL Sections 33450 -33458 to incorporate into a single Amended and Restated Redevelopment Plan all prior amendments, update the provisions of the Redevelopment Plan to reflect current CRL provisions, clarify and restate the time limits and financial limits of the Redevelopment Plan, update the land use designations for consistency with the City's General Plan as may be amended from time to time, and improve the format and presentation of the Redevelopment Plan; and WHEREAS, the Agency has prepared and completed an Amended and Restated Redevelopment Plan in draft form for the Rancho Laguna Redevelopment Project Area No. II (the "Amended and Restated Plan "); and WHEREAS, the ordinances adopting the Redevelopment Plan and subsequent amendments (collectively, the "Original Ordinances "), including the findings and determinations made by the City Council therein are made a part hereof by reference, and are final and conclusive, there having been no action timely brought to question the validity of the Redevelopment Plan; and WHEREAS, the Planning Commission of the City of Lake Elsinore ( "Planning Commission ") has reviewed the Amended and Restated Plan, recommended the approval and adoption of it and certified that the Amended and Restated Plan conforms to the General Plan; and WHEREAS, the City Council has received from the Agency the proposed Amended and Restated Plan, a copy of which is on file at the office of the City Clerk, Agenda Item No. 3 Page 36 of 49 130 South Main Street, Lake Elsinore, California, together with the Agency's Report to the City Council, including a description and reasons for the Amended and Restated Plan; goals and objectives, proposed projects and blight elimination; the proposed method of financing, economic feasibility and reasons for including division of taxes pursuant to CRL Section 33670; the implementation plan; the method or plan for relocation; the report of the Planning Commission of the City with respect to the conformity of the Amended and Restated Plan with the General Plan; the Negative Declaration; a neighborhood impact report; and a summary of consultations with affected taxing agencies; and WHEREAS, a Project Area Committee was not required to be formed in connection with the Amended and Restated Plan because the proposed Amended and Restated Plan does not alter or provide the Agency with the authority to use eminent domain and does not add any territory to the Project Area; and WHEREAS, the City Council and the Agency held a joint public hearing on March 24, 2009 in the Cultural Center, 183 N. Main Street, Lake Elsinore, California, to consider the adoption of the Amended and Restated Plan; and WHEREAS, notice of said joint public hearing was duly and regularly published in a newspaper of general circulation in the City, once a week for four successive weeks prior to the date of such joint public hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk and the Agency; and WHEREAS, copies of the notice of joint public hearing were mailed by first class mail to the last known address of each assessee of each parcel of land in the Project Area, as shown on the last equalized assessment roll of the County of Riverside; and WHEREAS, copies of the notice of joint public hearing were mailed by first class mail to all residents and businesses in the Project Area; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency that receives taxes from property in the Project Area; and WHEREAS, the City Council has considered the report and recommendation of Agency staff, the Planning Commission, the Agency's Report to the City Council, the Negative Declaration and the Amended and Restated Plan, and has provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony presented for or against any and all aspects of the Amended and Restated Plan and has made written findings in response to each written objection of an affected property owner or taxing entity, if any, filed with the City Clerk before or during such joint public hearing; and WHEREAS, all actions required by law have been taken by all appropriate public bodies. Agenda Item No. 3 Page 37 of 49 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The purpose and intent of the Amended and Restated Redevelopment Plan is to incorporate into a single document all prior amendments, update the provisions of the Redevelopment Plan to reflect current CRL provisions, clarify and restate the time limits and financial limits of the Redevelopment Plan, update the land use designations for consistency with the City's General Plan as may be amended from time to time, and improve the format and presentation of the Redevelopment Plan. This action will improve the readability of the Redevelopment Plan and clarify ambiguities that currently present challenges in implementation. SECTION 2. Based on the evidence in the record, including, but not limited to, the Agency's Report to the City Council prepared in accordance with CRL Section 33457.1, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Amended and Restated Plan held on March 24, 2009, the City Council hereby makes the following findings and determinations: a) The Amended and Restated Plan will permit the continued redevelopment of the Project Area in conformity with the CRL and in the interests of the public peace, health, safety and welfare. This finding is based upon the fact that the Amended and Restated Plan will update the provision of the Redevelopment Plan to reflect current CRL provisions. Also, the Amended and Restated Plan will provide for the ongoing consistency of permitted land uses between the Amended and Restated Plan and the City's General Plan. This action will enable the Agency to fully achieve the goals and objectives for redevelopment of the Project Area pursuant to the Amended and Restated Plan and allow for the future development and redevelopment of the Project Area in accordance with the General Plan. In addition, the Amended and Restated Plan will clarify that any shortfall within the allowable annual allocation of tax increment is carried forward to the following year or years and is available to the Agency until the period of receipt of tax increment/repayment of debt has terminated, thereby providing funding for projects and programs to further eliminate existing blighting conditions that remain in the Project Area and preventing the reoccurrence of blighting conditions. b) The adoption and carrying out of the Amended and Restated Plan is economically sound and feasible. This finding is based on the fact that under the Amended and Restated Plan, the Agency will continue to be authorized to seek and utilize a variety of potential financing resources, including property tax increment revenues; that the nature and timing of public redevelopment assistance within the Project Area will continue to depend upon the amount and availability of such financing resources, including tax increment generated by new investment in the Project Area; that under the Amended and Restated Plan, no public redevelopment activity can be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; and that the Amended and Restated Plan does not alter the financing plan previously prepared and included within the Agency's Reports to the City Council prepared for the Redevelopment Plan or the Amended and Restated Plan. Agenda Item No. 3 Page 38 of 49 c) The Amended and Restated Plan is consistent with the General Plan, including, but not limited to, the Housing Element of the General Plan, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based upon the General Plan and the findings of the Planning Commission that the Amended and Restated Plan conforms to the General Plan as set forth in its Resolution No. 2008 -106. d) The carrying out of the Amended and Restated Plan would promote the public peace, health, safety and welfare of the City and would effectuate the purposes and policies of the CRL. This finding is based on the fact that the Amended and Restated Plan will provide for the ongoing consistency of permitted land uses between the Amended and Restated Plan and the City's General Plan for property within the Project Area, clarify ambiguities on the collection of tax increment and will improve the ease of administration of the Redevelopment Plan. This action will enable the Agency to fully achieve the goals and objectives for redevelopment of the Project Area pursuant to the Amended and Restated Plan and allow for the future development and redevelopment of the Project Area in accordance with the General Plan thereby further eliminating existing blighting conditions that remain in the Project Area and preventing the reoccurrence of blighting conditions. e) The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently, from housing facilities in the Project Area. This finding is based upon the facts set forth in the Agency's Report to the City Council, in particular that: 1) the Agency has adopted the relocation guidelines promulgated by the California Department of Housing and Community Development requiring that relocation assistance and benefits be provided; and 2) the Amended and Restated Plan does not contemplate any actions that would lead to the displacement of any occupants of housing facilities in the Project Area. f) There are, or shall be provided, within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to CRL Sections 33411 and 33411.1, and dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to CRL Sections 33334.5, 33413 and 33413.5. g) Upon the approval of this Ordinance amending Ordinances Nos. 671, 987, and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. II, the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. II shall become the official redevelopment plan of the project area. Agenda Item No. 3 Page 39 of 49 SECTION 3. The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the Project Area, if any, are displaced, and that pending the development of such facilities, there will be available to any such displaced residential occupants temporary housing facilities at rents comparable to those in the City at the time of their displacement. No persons or families of low and moderate income shall be displaced from residences unless and until there are suitable housing units available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. SECTION 4. The City Council is satisfied that written findings have been adopted in response to each written objection, if any, of an affected property owner or taxing entity received either before or during the noticed joint public hearing on the Amended and Restated Plan. Having considered all evidence and testimony presented for or against any aspect of the Amended and Restated Plan, the City Council hereby overrules all written and oral objections to the Amended and Restated Plan. SECTION 5. The Agency and the City Council have reviewed and considered the Initial Study /Negative Declaration on the Amended and Restated Plan, as prepared and submitted pursuant to CEQA, the CEQA Guidelines, and CRL Section 33352, and determined that the Amended and Restated Redevelopment Plan will not have a significant effect on the environment. SECTION 6. The Redevelopment Plan, as adopted by the Original Ordinance, is hereby further amended as set forth in the Amended and Restated Plan distributed to the City Council and on file as a public record in the office of the City Clerk and incorporated herein by this reference. The Amended and Restated Plan and when filed with the City Clerk and the Secretary of the Agency, shall constitute the official Amended and Restated Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. 2. SECTION 7. In order to implement and facilitate the effectuation of the Amended and Restated Plan hereby approved, it may be necessary for the City Council to take certain actions, and accordingly, this City Council hereby: (a) pledges its cooperation in helping to carry out the Amended and Restated Redevelopment Plan; (b) authorizes and directs the various officials, departments, boards, and agencies of the City having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with redevelopment of the Project Area; (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Amended and Restated Plan and; (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City under the provisions of the Amended and Restated Plan. Agenda Item No. 3 Page 40 of 49 SECTION 8. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Amended and Restated Plan. SECTION 9. The City Clerk is hereby directed to record with the County Recorder of the County of Riverside a notice of the approval and adoption of the Amended and Restated Plan pursuant to this Ordinance containing a statement that proceedings for the redevelopment of the Project Area pursuant to the Amended and Restated Redevelopment Plan have been instituted under the CRL. SECTION 10. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same or a summary thereof to be published in a newspaper of general circulation, which is published and circulated in the City of Lake Elsinore. SECTION 11. This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. SECTION 12. If any part of this Ordinance or the Amended and Restated Plan that it approves, is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion(s) of this Ordinance or of the Amended and Restated Plan, and this City Council hereby declares that it would have passed the remainder of the Ordinance, or approved the remainder of the Amended and Restated Plan, if such invalid portion thereof had been deleted. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, of this 14` day of April 2009. ROBERT MAGEE, MAYOR ATTEST: DEBORA THOMSEN, CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD, CITY ATTORNEY Agenda Item No. 3 Page 41 of 49 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, DEBORA THOMSEN, Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Ordinance No. was duly introduced at a regular meeting of the City Council of the City of Lake Elsinore, on the 14 day of April 2009, and was passed by the following roll call vote: AYES: NOES: ABSTAIN: DEBORA THOMSEN, CITY CLERK Agenda Item No. 3 Page 42 of 49 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE 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 WHEREAS, the Redevelopment Agency of the City of Lake Elsinore ( "Agency ") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part 1 of Division 24, commencing with Section 33000, of the Health and Safety Code of the State of California ( "CRL ")); and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plan ( "Redevelopment Plan ") for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. III ( "Project Area ") which was adopted by the Agency's legislative body, the City Council of the City of Lake Elsinore ( "City Council "), by Ordinance No. 815 on September 8, 1987 and thereafter amended by Ordinance No. 987 on November 22, 1994 and Ordinance No. 1249 on February 26, 2008 ( "Project Area No. I I I "); and WHEREAS, the Agency desires to amend the Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. I ( "Third Amendment ") pursuant to CRL Sections 33450 -33458 to incorporate into a single Amended and Restated Redevelopment Plan all prior amendments, update the provisions of the Redevelopment Plan to reflect current CRL provisions, clarify and restate the time limits and financial limits of the Redevelopment Plan, update the land use designations for consistency with the City's General Plan as may be amended from time to time, and improve the format and presentation of the Redevelopment Plan; and WHEREAS, the Agency has prepared and completed an Amended and Restated Redevelopment Plan in draft form for the Rancho Laguna Redevelopment Project Area No. III the ( "Amended and Restated Plan "); and WHEREAS, the ordinances adopting the Redevelopment Plan and subsequent amendments (collectively, the "Original Ordinances "), including the findings and determinations made by the City Council therein are made a part hereof by reference, and are final and conclusive, there having been no action timely brought to question the validity of the Redevelopment Plan; and WHEREAS, the Planning Commission of the City of Lake Elsinore ( "Planning Commission ") has reviewed the Amended and Restated Plan, recommended the approval and adoption of it and certified that the Amended and Restated Plan conforms to the General Plan; and WHEREAS, the City Council has received from the Agency the proposed Amended and Restated Plan, a copy of which is on file at the office of the City Clerk, Agenda Item No. 3 Page 43 of 49 130 South Main Street, Lake Elsinore, California, together with the Agency's Report to the City Council, including a description and reasons for the Amended and Restated Plan; goals and objectives, proposed projects and blight elimination; the proposed method of financing, economic feasibility and reasons for including division of taxes pursuant to CRL Section 33670; the implementation plan; the method or plan for relocation; the report of the Planning Commission of the City with respect to the conformity of the Amended and Restated Plan with the General Plan; the Negative Declaration; a neighborhood impact report; and a summary of consultations with affected taxing agencies; and WHEREAS, a Project Area Committee was not required to be formed in connection with the Amended and Restated Plan because the proposed Amended and Restated Plan does not alter or provide the Agency with the authority to use eminent domain and does not add any territory to the Project Area; and WHEREAS, the City Council and the Agency held a joint public hearing on March 24, 2009, in the Cultural Center, 183 N. Main Street, Lake Elsinore, California, to consider the adoption of the Amended and Restated Plan; and WHEREAS, notice of said joint public hearing was duly and regularly published in a newspaper of general circulation in the City, once a week for four successive weeks prior to the date of such joint public hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk and the Agency; and WHEREAS, copies of the notice of joint public hearing were mailed by first class mail to the last known address of each assessee of each parcel of land in the Project Area, as shown on the last equalized assessment roll of the County of Riverside; and WHEREAS, copies of the notice of joint public hearing were mailed by first class mail to all residents and businesses in the Project Area; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency that receives taxes from property in the Project Area; and WHEREAS, the City Council has considered the report and recommendation of Agency Staff, the Planning Commission, the Agency's Report to the City Council, the Negative Declaration and the Amended and Restated Plan, and has provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony presented for or against any and all aspects of the Amended and Restated Plan and has made written findings in response to each written objection of an affected property owner or taxing entity, if any, filed with the City Clerk before or during such joint public hearing; and WHEREAS, all actions required by law have been taken by all appropriate public bodies. Agenda Item No. 3 Page 44 of 49 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The purpose and intent of the Amended and Restated Redevelopment Plan is to incorporate into a single document all prior amendments, update the provisions of the Redevelopment Plan to reflect current CRL provisions, clarify and restate the time limits and financial limits of the Redevelopment Plan, update the land use designations for consistency with the City's General Plan as may be amended from time to time, and improve the format and presentation of the Redevelopment Plan. This action will improve the readability of the Redevelopment Plan and clarify ambiguities that currently present challenges in implementation. SECTION 2. Based on the evidence in the record, including, but not limited to, the Agency's Report to the City Council prepared in accordance with CRL Section 33457.1, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Amended and Restated Plan held on March 24, 2009, the City Council hereby makes the following findings and determinations: a) The Amended and Restated Plan will permit the continued redevelopment of the Project Area in conformity with the CRL and in the interests of the public peace, health, safety and welfare. This finding is based upon the fact that the Amended and Restated Plan will update the provision of the Redevelopment Plan to reflect current CRL provisions. Also, the Amended and Restated Plan will provide for the ongoing consistency of permitted land uses between the Amended and Restated Plan and the City's General Plan. This action will enable the Agency to fully achieve the goals and objectives for redevelopment of the Project Area pursuant to the Amended and Restated Plan and allow for the future development and redevelopment of the Project Area in accordance with the General Plan. In addition, the Amended and Restated Plan will clarify that any shortfall within the allowable annual allocation of tax increment is carried forward to the following year or years and is available to the Agency until the period of receipt of tax increment/repayment of debt has terminated, thereby providing funding for projects and programs to further eliminate existing blighting conditions that remain in the Project Area and preventing the reoccurrence of blighting conditions. b) The adoption and carrying out of the Amended and Restated Plan is economically sound and feasible. This finding is based on the fact that under the Amended and Restated Plan, the Agency will continue to be authorized to seek and utilize a variety of potential financing resources, including property tax increment revenues; that the nature and timing of public redevelopment assistance within the Project Area will continue to depend upon the amount and availability of such financing resources, including tax increment generated by new investment in the Project Area; that under the Amended and Restated Plan, no public redevelopment activity can be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; and that the Amended and Restated Plan does not alter the financing plan previously prepared and included within the Agency's Reports to the City Council prepared for the Redevelopment Plan or the Amended and Restated Redevelopment Plan. Agenda Item No. 3 Page 45 of 49 c) The Amended and Restated Plan is consistent with the General Plan, including, but not limited to, the Housing Element of the General Plan, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based upon the General Plan and the findings of the Planning Commission that the Amended and Restated Plan conforms to the General Plan as set forth in its Resolution No. 2008 -106. d) The carrying out of the Amended and Restated Plan would promote the public peace, health, safety and welfare of the City and would effectuate the purposes and policies of the CRL. This finding is based on the fact that the Amended and Restated Plan will provide for the ongoing consistency of permitted land uses between the Amended and Restated Plan and the City's General Plan for property within the Project Area, clarify ambiguities on the collection of tax increment and will improve the ease of administration of the Redevelopment Plan. This action will enable the Agency to fully achieve the goals and objectives for redevelopment of the Project Area pursuant to the Amended and Restated Plan and allow for the future development and redevelopment of the Project Area in accordance with the General Plan thereby further eliminating existing blighting conditions that remain in the Project Area and preventing the reoccurrence of blighting conditions. e) The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently, from housing facilities in the Project Area. This finding is based upon the facts set forth in the Agency's Report to the City Council, in particular that: 1) the Agency has adopted the relocation guidelines promulgated by the California Department of Housing and Community Development requiring that relocation assistance and benefits be provided; and 2) the Amended and Restated Plan does not contemplate any actions that would lead to the displacement of any occupants of housing facilities in the Project Area. f) There are, or shall be provided, within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to CRL Sections 33411 and 33411. 1, and dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to CRL Sections 33334.5, 33413 and 33413.5. g) Upon the approval of this Ordinance amending Ordinances Nos. 815, 987, and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. III, the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. III shall become the official redevelopment plan of the project area. Agenda Item No. 3 Page 46 of 49 SECTION 3. The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the Project Area, if any, are displaced, and that pending the development of such facilities, there will be available to any such displaced residential occupants temporary housing facilities at rents comparable to those in the City at the time of their displacement. No persons or families of low and moderate income shall be displaced from residences unless and until there are suitable housing units available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. SECTION 4. The City Council is satisfied that written findings have been adopted in response to each written objection, if any, of an affected property owner or taxing entity received either before or during the noticed joint public hearing on the Amended and Restated Plan. Having considered all evidence and testimony presented for or against any aspect of the Amended and Restated Plan, the City Council hereby overrules all written and oral objections to the Amended and Restated Plan. SECTION 5. The Agency and the City Council have reviewed and considered the Initial Study /Negative Declaration on the Amended and Restated Plan, as prepared and submitted pursuant to CEQA, the CEQA Guidelines, and CRL Section 33352, and determined that the Amended and Restated Plan will not have a significant effect on the environment. SECTION 6. The Redevelopment Plan, as adopted by the Original Ordinance, is hereby further amended as set forth in the Amended and Restated Plan distributed to the City Council and on file as a public record in the office of the City Clerk and incorporated herein by this reference. The Amended and Restated Plan and when filed with the City Clerk and the Secretary of the Agency, shall constitute the official Amended and Restated Redevelopment Plan for the Project Area. SECTION 7. In order to implement and facilitate the effectuation of the Amended and Restated Plan hereby approved, it may be necessary for the City Council to take certain actions, and accordingly, this City Council hereby: (a) pledges its cooperation in helping to carry out the Amended and Restated Plan; (b) authorizes and directs the various officials, departments, boards, and agencies of the City having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with redevelopment of the Project Area; (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Amended and Restated Plan; and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City under the provisions of the Amended and Restated Plan. SECTION 8. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Amended and Restated Plan. Agenda Item No. 3 Page 47 of 49 SECTION 9. The City Clerk is hereby directed to record with the County Recorder of the County of Riverside a notice of the approval and adoption of the Amended and Restated Plan pursuant to this Ordinance containing a statement that proceedings for the redevelopment of the Project Area pursuant to the Amended and Restated Redevelopment Plan have been instituted under the CRL. SECTION 10. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same or a summary thereof to be published in a newspaper of general circulation, which is published and circulated in the City of Lake Elsinore. SECTION 11. This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. SECTION 12. If any part of this Ordinance or the Amended and Restated Plan that it approves, is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance or of the Amended and Restated Plan, and this City Council hereby declares that it would have passed the remainder of the Ordinance, or approved the remainder of the Amended and Restated Plan, if such invalid portion thereof had been deleted. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, of this 14` day of April, 2009. ROBERT MAGEE, MAYOR ATTEST: DEBORA THOMSEN, CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD, CITY ATTORNEY Agenda Item No. 3 Page 48 of 49 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, DEBORA THOMSEN, Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Ordinance No. was duly introduced at a regular meeting of the City Council of the City of Lake Elsinore, on the 14 day of April 2009, and was passed by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN, CITY CLERK Agenda Item No. 3 Page 49 of 49