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Home My WebLink AboutRDA Item No. 5CITY OF LSIlYO1.E 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, 11 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. 5 Page 1 of 134 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN AMENDMENTS March 24, 2009 Page 2 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 Agenda Item No. 5 Page 2 of 134 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN AMENDMENTS March 24, 2009 Page 3 corrections, updating of the financial, census and housing inventories, and updating the 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. Agenda Item No. 5 Page 3 of 134 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN AMENDMENTS March 24, 2009 Page 4 • 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. • 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. 5 Page 4 of 134 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN AMENDMENTS March 24, 2009 Page 5 Redevelopment Plan Limits for Project Areas No. I, No. Il, 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 Agenda Item No. 5 Page 5 of 134 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 7/18/24 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 Agenda Item No. 5 Page 5 of 134 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN AMENDMENTS March 24, 2009 Page 6 Amended and Restated Plans and the Amended and Restated Redevelopment and Housing Implementation Plan 2005 -2009. 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 Agenda Item No. 5 Page 6 of 134 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN AMENDMENTS March 24, 2009 Page 7 provisions will automatically be incorporated and apply to the Agency's adopted Method or Plan for Relocation and Owner Participation Rules. 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 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 Agenda Item No. 5 Page 7 of 134 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN AMENDMENTS March 24, 2009 Page 8 Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. I I and No. III. 3. Agency adopt Resolution No. 2009 - adopting the 2005 -2009 Amended and Restated Redevelopment and Housing Implementation Plan. 4. Agency adopt Resolution No. 2009-_ adopting a Revised Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III. 5. Agency adopt Resolution No. 2009 -_ adopting Revised Owner Participation Rules for the Rancho Laguna Redevelopment Project Areas No. I, II and III. 6. Agency adopt Resolution No. 2009 -_ approving the Amendments to the Redevelopment Plans for the Rancho Laguna Redevelopment Project Areas No. I, II and III. 7. City Council adopt Resolution No. 2009 -_ adopting the Initial Study and Negative Declaration prepared for the proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, ll, 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. II. 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. I11. Prepared by: Barbara Leibold City Attorney /Agency Counsel Approved by: Robert A. Brady City Manager /Executive Director Agenda Item No. 5 Page 8 of 134 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN AMENDMENTS March 24, 2009 Page 9 Attachments: 1. Agency 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. 11 and No. III. 2. Agency Resolution No. 2009 -_ adopting the 2005 -2009 Amended and Restated Redevelopment and Housing Implementation Plan with 2005 -2009 Amended and Restated Redevelopment and Housing Implementation Plan attached as Exhibit "A ". 3. Agency Resolution No. 2009-_ adopting a Revised Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III with Revised Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III attached as Exhibit "A ". 4. Agency Resolution No. 2009-_ adopting Revised Owner Participation Rules for the Rancho Laguna Redevelopment Project Areas No. I, II and III with Revised Owner Participation Rules for the Rancho Laguna Redevelopment Project Areas No. I, II and III attached as Exhibit "A ". 5. Agency Resolution No. 2009 -_ approving the Amendments to the Redevelopment Plans for the Rancho Laguna Redevelopment Project Areas No. I, II and III. 6. City Council Resolution No. 2009 -_ adopting the Initial Study and Negative Declaration prepared for the proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II, and III. 7. 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. 8. Ordinance No. _ amending Ordinances Nos. 671, 987 and 1249, and approving and adopting the Third Amendment to Rancho Laguna Redevelopment Project Area No. II. 9. Ordinance No. _ amending Ordinances Nos. 815, 987 and 1249, and approving and adopting the Third Amendment to Rancho Laguna Redevelopment Project Area No. III. 10. 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. Note: This document was distributed separately and is available for review as a public record in the City Agenda Item No. 5 Page 9 of 134 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN AMENDMENTS March 24, 2009 Page 10 Clerk/Agency Secretary's office located at 130 S. Main Street, Lake Elsinore, CA 92530 and is available on the City's website at www.lake - elsinore.org.] 11. Amended and Restated Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. I. Note: This document was distributed separately and is available for review as a public record in the City Clerk/Agency Secretary's office located at 130 S. Main Street, Lake Elsinore, CA 92530 and is available on the City's website at www.lake- elsinore.org.] 12. Amended and Restated Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. II. Note: This document was distributed separately and is available for review as a public record in the City Clerk/Agency Secretary's office located at 130 S. Main Street, Lake Elsinore, CA 92530 and is available on the City's website at www.lake - elsinore.org.] 13. Amended and Restated Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. III. Note: This document was distributed separately and is available for review as a public record in the City Clerk/Agency Secretary's office located at 130 S. Main Street, Lake Elsinore, CA 92530 and is available on the City's website at www.lake - elsinore.org.] 14. Published and Mailed Notice of Joint Public Hearing of the City Council of the City of Lake Elsinore and the Redevelopment Agency of the City of Lake Elsinore on the Proposed Amendments to the Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II, and III and the Negative Declaration Prepared for the Proposed Amendments and the Proposed Amended and Restated Redevelopment and Housing Implementation Plan 2005 -2009. 15. Affidavit of publication of notice of joint public hearing in Press Enterprise. 16. Certificate of mailing notice of joint public hearing to each assessee of land in the Project Areas, as shown on the last equalized assessment roll. 17. Certificate of mailing notice of joint public hearing to the residents and businesses in the Project Areas. 18. Certificate of mailing notice of joint public hearing to the governing body of each taxing agency that receives taxes from property in the Project Areas and List of Taxing Agencies. 19. Posted Notice of Public Hearing of the Redevelopment Agency of the City of Lake Elsinore on the Proposed Amended and Restated Redevelopment and Housing 20. Affidavit of posting notice of this joint public hearing in four permanent locations within each of the Project Areas for a period of three consecutive weeks. Agenda Item No. 5 Page 10 of 134 ATTACHMENT Agenda Item No. 5 Page 11 of 134 RESOLUTION NO. 2009- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE 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 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. 111); 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 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 each Project Area No. I, No. 11 and No. III; and WHEREAS, the Agency is authorized and required to act as the "Lead Agency" per Sections 15050 and 15051 of the California Environmental Quality Act (CEQA) Guidelines (California Code of Regulations Section 15000 et seq.); and Agenda Item No. 5 Page 12 of 134 WHEREAS, the Agency has prepared an Initial Study and Negative Declaration for the proposed Amendments in accordance with Sections 15070 and 15071 of the CEQA Guidelines; and WHEREAS, all actions required to be taken by applicable law related to the preparation, circulation and review of the draft Initial Study and Negative Declaration have been taken; and WHEREAS, pursuant to CEQA Guidelines, Section 15072, on December 12, 2008, the Agency duly issued a notice of intent to adopt the Negative Declaration; and WHEREAS, the Agency received comments from the Riverside County Flood Control and Water Conservation District, the Morongo Band of Mission Indians, and the Pala Band of Mission Indians; and WHEREAS, public notice of the joint public hearing on the Amended and Restated Plans and the Negative Declaration have been given, and the Agency has considered evidence presented by the Planning Commission, Agency staff, and other interested parties with respect to this item on March 24, 2009. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. The Agency has reviewed and considered the Initial Study and Negative Declaration for the proposed Amendments, together with any comments received during the public review process. The Agency hereby finds, on the basis of the whole record before it, that the Initial Study and Negative Declaration is adequate and complete and reflects the independent judgment and analysis of the Agency, and that there is no substantial evidence that the proposed Amendments will have a significant effect on the environment. SECTION 2. The Initial Study /Negative Declaration, in the form distributed to the Agency and on file with the Agency Secretary as a public record, is hereby approved and adopted by the Agency. The record of proceedings of the Agency and the City Council on which this Resolution is based are on file and available for public inspection during normal business hours in the office of the City Clerk, 130 South Main Street, Lake Elsinore, California. The custodian of these documents is the City Clerk of the City of Lake Elsinore. SECTION 3. Following the adoption by the City Council of the ordinances approving and adopting the Amendments, the Secretary of the Agency is hereby authorized and directed to file with the County Clerk of the County of Riverside, a Notice of Determination pursuant to CEQA Guidelines Section 15075. SECTION 4. The Agency further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the Agenda Item No. 5 Page 13 of 134 Negative Declaration are present and that it would be appropriate to adopt the Negative Declaration as proposed. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this 24 day of March, 2009. THOMAS BUCKLEY, CHAIRMAN ATTEST: DEBORA THOMSEN, AGENCY SECRETARY BARBARA LEIBOLD, AGENCY COUNSEL 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. was adopted by the Redevelopment Agency Board of the Redevelopment Agency of the City of Lake Elsinore at a regular meeting held on the 24 day of March 2009, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: DEBORA THOMSEN, AGENCY SECRETARY, Agenda Item No. 5 Page 14 of 134 ATTACHMENT Agenda Item No. 5 Page 15 of 134 RESOLUTION NO. 2009- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE ADOPTING THE 2005 -2009 AMENDED AND RESTATED REDEVELOPMENT AND HOUSING IMPLEMENTATION PLAN WHEREAS, the Lake Elsinore Redevelopment Agency ( "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, California Community Redevelopment Law ( "CRL ") Subsection 33490(a) (1) (A) requires that: On or before December 31, 1994, and each five years thereafter, each redevelopment agency that has adopted a redevelopment plan prior to December 31, 1993, shall adopt, after a public hearing, 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 requirements of Section 33333.10, if applicable, and Sections 33334.2, 33334.4, 33334.6 and 33413 of the CRL; and WHEREAS, in November 2005, the Agency adopted by Resolution its 2005 -2009 Redevelopment and Housing Implementation Plan for the Project Areas; and WHEREAS, on September 23, 2008, the Agency conducted a Mid -Term Review to evaluate the 2005 -2009 Redevelopment and Housing Implementation Plan for the Project Areas and the progress of the Rancho Laguna Redevelopment Projects; and WHEREAS, in the preparation of the proposed Amended and Restated Redevelopment Plans, the Agency identified certain minor amendments to the 2005 -2009 Agenda Item No. 5 Page 16 of 134 Implementation Plan including, technical corrections, updating of the financial, census and housing inventories, and updating the 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 attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, CRL Section 33490 (a)(B) provides that adoption of an implementation plan shall not constitute a project within the meaning of Section 21000 of the Public Resource Code; therefore, no CEQA compliance is required prior to approval and adoption of the 2005 -2009 Amended and Restated Implementation Plan for the Project Area; and WHEREAS, as required by CRL Section 33490, a public hearing was held by the Agency on March 24, 2009, in the Cultural Center located at 183 N. Main Street Lake Elsinore, California, to consider and act on the adoption of the 2005 -2009 Amended and Restated Implementation Plan, and the testimony of all persons interested in the matter was heard; and WHEREAS, notice of the public hearing was published in the Press Enterprise and was posted in at least four (4) permanent places within each of the Project Areas, as required by CRL Section 33490; and WHEREAS, the proposed 2005 -2009 Amended and Restated Implementation Plan, together with all information pertaining thereto, was made available for public inspection prior to the public hearing; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to CRL Section 33490, the Agency hereby adopts the 2005- 2009 Amended and Restated Implementation Plan forthe Project Areas attached hereto as Exhibit "A" and incorporated herein by this reference. PASSED, APPROVED, AND ADOPTED this 24th day of March, 2009. THOMAS BUCKLEY, CHAIRMAN ATTEST: DEBORA THOMSEN, AGENCY SECRETARY Agenda Item No. 5 Page 17 of 134 APPROVED AS TO FORM: BARBARA LEIBOLD, AGENCY COUNSEL STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE 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. was adopted by the Redevelopment Agency Board of the Redevelopment Agency of the City of Lake Elsinore at a regular meeting held on the 24 day of March, 2009, and that the same was adopted by the following vote: AYES: NOES: G: : ► ABSENT: DEBORA THOMSEN, AGENCY SECRETARY Agenda Item No. 5 Page 18 of 134 EXHIBIT "A" 2005 -2009 AMENDED AND RESTATED REDEVELOPMENT AND HOUSING IMPLEMENTATION PLAN [Attached] Agenda Item No. 5 Page 19 of 134 REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AMENDED AND RESTATED REDEVELOPMENT AND HOUSING IMPLEMENTATION PLAN 2005 -2009 Agenda Item No. 5 Page 20 of 134 TABLE OF CONTENTS I INTRODUCTION .................................................................... ..............................1 II PURPOSE .............................................................................. ..............................1 A. Background and Legislative Requirements .................. ..............................1 B. Purpose of This Implementation Plan .......................... ..............................2 III. REDEVELOPMENT IMPLEMENTATION PLAN ..................... ..............................3 A . The Agency .................................................................. ..............................3 B . Project Area History ..................................................... ..............................3 (1) Rancho Laguna Redevelopment Project Area No. 1 ........................3 (2) Rancho Laguna Redevelopment Project Area No. 11 .......................5 (3) Rancho Laguna Redevelopment Project Area No. 111 ......................6 (4) Summary of Redevelopment Plan Limits for All Project Areas ........ 6 C. Purpose of the Redevelopment Plans .......................... ..............................7 D . Goals and Objectives ................................................... ..............................7 (1) General Agency Goals and Objectives .............. ..............................7 (2) Rancho Laguna Redevelopment Project Area No. 1 ........................9 (3) Rancho Laguna Redevelopment Project Area No. 11 .....................10 (4) Rancho Laguna Redevelopment Project Area No. 111 ....................11 E. Programs and Expenditures ........................................ .............................12 (1) Policy Overview ................................................ .............................12 (2) 2000 -04 Five -Year Plan: Accomplishments ...... .............................13 (3) 2005 -09 Five -Year Plan .................................... .............................13 (4) Efforts Undertaken in Furtherance of 2005 -2009 Implementation Plan Goals and Objectives .......................................... .............................15 F. Blight Elimination (How the Goals and Objectives, Projects and Expenditures Will Eliminate Blight) ............................. .............................16 IV. HOUSING IMPLEMENTATION PLAN ................................... .............................17 A . Introduction ................................................................. .............................17 B . Goals and Objectives .................................................. .............................18 C. Program and Expenditures .......................................... .............................18 D. Implementation of Agency Housing Responsibilities ... .............................19 (1) Housing Fund Revenues .................................. .............................19 (2) Proportion of Very Low, Low and Moderate Income Housing .......20 (3) Projected Housing Development ...................... .............................21 (4) Estimate of Housing Production Requirements .............................21 (5) Replacement Housing ...................................... .............................25 (6) Consistency with the Housing Element ............. ..............................1 ATTACHMENTS Attachment No. 1 Map of Redevelopment Project Areas Amd Rst Implementation Plan 2005- 2009 (FINAL).doc Agenda Item No. 5 Page 21 of 134 INTRODUCTION On January 11, 2000, pursuant to Health & Safety Code Section 33490, the Redevelopment Agency of the City of Lake Elsinore (the "Agency ") adopted the Agency's Five -Year Implementation Plan for the years 2000 through 2004. Limited by debt incurred in the early 1990's, that Five -Year plan of programs and expenditures was a continuation of the Agency's previous commitments, whereby tax increment generated in Rancho Laguna Redevelopment Project Area No. I ( "Project No. I "), Rancho Laguna Redevelopment Project Area No. II ( "Project No. II "), and Rancho Laguna Redevelopment Project Area No. III ( "Project No. III "), which are collectively referred to as the "Project Areas ", was committed to pay for bond debt service and other financial obligations associated with specific programs and projects. While those debt service obligations continue, tax increment projections suggest that the Agency will enjoy a renewed ability to pursue redevelopment initiatives and is poised to see significant redevelopment activity within the three Project Areas during the next five to ten years. The tools accorded the Redevelopment Agency will be effective in providing residents and businesses a high quality of life while also strengthening the economic health of the City and providing increased housing opportunities for all economic segments of the community. In November 2005, the Agency adopted The Lake Elsinore Redevelopment and Housing Implementation Plan 2005 -2009 (the "2005 -2009 Implementation Plan "). Pursuant to Health & Safety Code Section 33490(c), the Agency conducted a mid -term review of the 2005 -2009 Implementation Plan on September 23, 2008. As noted in the staff report to the Redevelopment Agency Board on the mid -term review, the Agency is progressing toward meeting the goals set forth in the 2005 -2009 Implementation Plan. The most notable action reported during the mid -term review was the Agency's initiation of Redevelopment Plan Updates for each of the Redevelopment Plans. Concurrent with the Agency's consideration of this Implementation Plan, the Agency is considering Amended and Restated Redevelopment Plans for each Project Area. During the preparation of the Amended and Restated Redevelopment Plans, the Agency has identified certain information in the 2005 -2009 Implementation Plan that should be updated, including: financial, census and housing inventories and current Agency activities. This Amended and Restated Lake Elsinore Redevelopment and Housing Implementation Plan 2005 -2009 ( "Implementation Plan ") incorporates the technical corrections identified by the Agency and supersedes the prior version of the 2005 -2009 Implementation Plan in its entirety. PURPOSE A. Background and Legislative Requirements Assembly Bill 1290, also known as the Community Redevelopment Law Reform Act of 1993, effective January 1, 1994, enacted numerous revisions to the 1 Agenda Item No. 5 Page 22 of 134 California Community Redevelopment Law (the "Law," California Health & Safety Code Section 33000 et seq.).' One of the provisions of this legislation was the requirement that each redevelopment agency adopt a five -year implementation plan for each of its redevelopment project areas. This requirement is codified in Section 33490, which provides that the Implementation Plan must contain the following: Specific redevelopment goals and objectives for each project area. • Specific programs, projects and expenditures proposed for the next five years. An explanation of how the goals, objectives, programs and expenditures will contribute to the elimination of blight and implement the Agency's housing obligations. • Information about the Agency's low and moderate income housing fund and affordable housing activities, including proposals to meet the agency's inclusionary housing requirements, if any. In accordance with the requirements of Section 33490, the Agency adopted its first five -year implementation plan (Redevelopment and Housing Implementation Plans 1995 -1999) by Resolution No. RDA 94 -12 on December 6, 1994 and has subsequently complied with the requirements of Section 33490 to prepare a new implementation plan be every five years. B. Purpose of This Implementation Plan This Implementation Plan is a policy document used to assist the Agency in making decisions about individual projects over the term of the Redevelopment Plan for Rancho Laguna Redevelopment Project No. I, the Redevelopment Plan for Rancho Laguna Redevelopment No. II, and the Redevelopment Plan for Rancho Laguna Redevelopment No. III (collectively, the "Plans" or the "Redevelopment Plans "). This Implementation Plan provides a "big picture" prospective, which can assist in staying true to the mission and goals of the Agency. In addition, this Implementation Plan can be used as a communication tool to help educate the community about programs and projects implemented by the Agency. The history, goals, objectives, and five -year programs for each of the Project Areas in the City are described below. This Implementation Plan also summarizes information concerning the blighting conditions in the Project Areas and elimination of these conditions through implementation of Agency goals, objectives and programs. Part III of this Implementation Plan contains the affordable housing component which includes the following information: ' All statutory references in this Implementation Plan shall be to the California Community Redevelopment Law unless specifically provided otherwise. O Agenda Item No. 5 Page 23 of 134 • Status of the Agency's Low and Moderate Income Housing Fund ( "Housing Fund ") and estimates of Housing Fund deposits over the next five years. • Proposed use of the Housing Fund to increase, improve and preserve the community's supply of housing available at affordable housing cost and an estimate of the number of units to be assisted over the next five years. • Description of the Agency's inclusionary and replacement affordable housing requirements and proposed activities to meet these requirements. III. REDEVELOPMENT IMPLEMENTATION PLAN A. The Agency The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under Chapter 2 of the Law. The need for redevelopment was acknowledged in early 1980 after severe flooding displaced numerous residents, businesses and some local industry, and caused millions of dollars in damages to private and public property and facilities. In addition, the flooding caused severe pollution of the Lake. In response to these conditions, the City Council activated the Agency in July 1980 by the adoption of Ordinance No. 605 -B. The members of the City Council serve as members of the Agency. The Agency now includes three active Project Areas. The location of these Project Areas is shown on the Project Area Map (Attachment No. 1). The primary purposes of the Agency are to eliminate blight and blighted conditions in the Project Areas and to increase, improve and preserve the community's supply of affordable housing. B. Project Area History (1) Rancho Laguna Redevelopment Project Area No. I The original Project Area ( "Original Project Area ") consisted of 12 non - contiguous areas distributed throughout the City and totaling approximately 286 acres. The Original Project Area was adopted after severe flooding in early 1980, which displaced numerous residents, businesses and some local industry, and caused millions of dollars in damage to private and public property and facilities. The resulting conditions worsened the City's abnormally high unemployment rate and caused long term deterioration and economic maladjustment due to severe population loss and loss of housing and employment centers caused by flooding. The original Redevelopment Plan for Project No. 1 ( "Original Plan ") was adopted to improve, upgrade and revitalize those areas within the City which suffered because of the direct damages due to floods and to assist in the development of vacant portions of the City above the flood line for moderately priced housing, which would function as replacement housing for flood 3 Agenda Item No. 5 Page 24 of 134 victims and housing for new City residents. In addition, the Agency's objective in adopting the Original Plan was to generate business for local commercial establishments, tax revenues to provide needed public facilities and improvements and jobs for unemployed persons in the community. A year later in 1981, the Original Plan was amended to add approximately 1,664 acres ( "Added Area ") which surrounded two of the original noncontiguous areas, thereby creating an amended Project Area with 11 noncontiguous areas comprising approximately 1,950 acres. The objectives of the First Amendment to the Original Redevelopment Plan to add territory was a desire to achieve additional community objectives including promotion of industrial development and revitalization of the downtown and surrounding area. The "Amended Project Area" (Original Project Area plus the Added Area) includes the Central Business District (the "Downtown ") and surrounding areas between Heald Avenue and the Lake, the area along the 15 Freeway extending southwest to the Country Club Heights, and the area generally bounded by Malaga Road, the 15 Freeway, Avenue 9, Dawes Street, and Lakeshore Drive /Mission Trail. The Amended Project Area extends northwest along the 15 Freeway generally bounded by the Freeway, Pierce Street, Baker Street, and Strickland Avenue. The Amended Project Area also includes several small non - contiguous areas located at the western end of the Lake. The amendment to the Original Plan provided the Agency with the authority to receive tax increment. With the projected revenue, the goal was to spur proposed affordable residential development, promote industrial development and revitalize the Downtown. These goals were to be accomplished with major public improvements and public utilities to assist the City in mitigating the flood hazards particularly in underutilized industrial zoned areas. The provision of public improvements, streetscapes, merchant mix assistance, and mitigation of flood hazards were objectives for the Downtown. Redevelopment goals also included the promotion of infill residential development in the areas surrounding the Downtown and extending the Downtown to provide commercial development along Graham Avenue and Lakeshore Drive. In sum, the Original Redevelopment Plan for Rancho Laguna Redevelopment Project No. I has been amended three times: by Ordinance No. 624 adopted on July 20, 1981 to add the Added Area; by Ordinance No. 987 on November 22, 1994 to conform plan 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 expiration 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 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. Riverside County's Educational Revenue Augmentation Fund 4 Agenda Item No. 5 Page 25 of 134 (2) Rancho Laguna Redevelopment Project Area No. II Rancho Laguna Redevelopment Project No. II was adopted in 1983. Project Area No. II includes three non - contiguous areas divided into four subareas for planning purposes. Subarea A includes the residential and commercial areas at the northwest end of the Lake in the vicinity of Lakeshore Drive, Machado Street and Grand Avenue. This area includes older residential and commercial uses including some recreation areas along the Lakeshore. Subarea B includes what was the old Back Basin for the Lake and is largely undeveloped. A portion of the area is within the East Lake Specific Plan and has been developed with approximately 700 residential units but a large portion remains undeveloped. Subarea C includes the commercial area along Railroad Canyon Road on the north side of Interstate 15 and the Summerhill Specific Plan area. The last subarea, Subarea D is developed with single - family residential as part of the Tuscany Hill Specific Plan development. The Project Area was adopted to extend the Agency's efforts to improve the physical and economic conditions within the areas included in Project Area No. II that were impacted from severe flooding during the early 1980's. The flooding destroyed property and resulted in a decline in population and increased unemployment. These impacts were notable in Subarea A which included residential and commercial properties at the northwest end of the Lake. Rehabilitation of older housing and commercial structures, combined with the construction of flood and drainage improvements were proposed for this area. Subarea B which includes the old Back Basin for the Lake was also subject to flooding and almost entirely without infrastructure to accommodate development. Subarea B required infrastructure and flood control improvements including extensive grading to raise the area above the flood plain. Also within this area, infrastructure improvements were needed to develop industrial uses along Corydon Street. Subarea C includes the commercial area along Railroad Canyon Road on the north side of Interstate 15 and the Summerhill Specific Plan area. The commercial area suffered from deterioration and economic stagnation. To address these blighting conditions, rehabilitation and infrastructure improvements were proposed. To reduce the high cost to the private sector for providing infrastructure, it was proposed that Agency assistance would be provided in the construction of infrastructure necessary to stimulate development of the Specific Plan area. The Redevelopment Plan for Rancho Laguna Redevelopment Project No. II has been amended two times: by Ordinance No. 987 on November 22, 1994 to conform plan 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, 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. 5 Agenda Item No. 5 Page 26 of 134 (3) Rancho Laguna Redevelopment Project Area No. III Rancho Laguna Redevelopment Project No. III was adopted in 1987. Project No. III was adopted to add blighted territory that could be redeveloped with uses to improve the City's negative image and reverse the trend of business relocation outside of the City leaving only limited basic consumer services. Neighboring communities of Riverside and Hemet grew into regional trade and population centers while the once self sufficient community of Lake Elsinore was evolving into a bedroom community for Orange County. Project Area No. III includes four non - contiguous areas including the old County Club Heights area, the residential area referred to as the Avenues, the former Back Basin area of the Lake and a small area bounded by Skylark, Palomar, Corydon and Union. Project Area No. III is generally characterized by partially established residential development (the old County Club Heights and Avenue Areas) east and west of the Downtown and the remaining portions of the East Lake Specific Plan area (Back Basin). The Redevelopment Plan for Rancho Laguna Redevelopment Project No. III has been amended two times: by Ordinance No. 987 on November 22, 1994 to conform plan 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 expiration date and time limit to repay debt, collect tax increment as provided by SB1045 for ERAF payments, and make certain technical corrections. (4) Summary of Redevelopment Plan Limits for All Project Areas F Agenda Item No. 5 Page 27 of 134 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. 11 Repealed for 7/18/24 7/18/34 $15 million $120 expired Adopted 7/18/83 affordable housing annually million debt — non - housing authority expired Project No. 111 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 F Agenda Item No. 5 Page 27 of 134 C. Purpose of the Redevelopment Plans The 1980 flood seriously impacted the City causing businesses and residents to suffer property loss and general economic crisis. The selection of the original Project Area No. I was the Agency's first step towards providing an expanded economic base and opportunity for additional housing for the community; a goal that was carried forward by the Agency in establishing the additional Project Areas. Among the purposes of the Redevelopment Plans adopted for the City's three Project Areas are: • reduce the hazard of flooding; • eliminate public infrastructure deficiencies; • provide adequate roadways; • provide improvements to community facilities; • revitalize declining commercial and industrial centers in order to increase sales and business tax revenues and increase employment opportunities; • increase, improve and preserve housing opportunities for all economic segments of the community. D. Goals and Objectives (1) General Agency Goals and Objectives The Agency remains committed to identifying underutilized, blighted and economically challenged areas within the project areas and working to find solutions to make them fiscally sound and structurally safe. According to the 2004 Edition of Redevelopment in California, published by Solano Press Books, blight is defined as economic or physical liabilities, requiring redevelopment in the interest of the health, safety, and general welfare of the people of the community and of the state. Physical conditions that cause blight are defined as follows: • Buildings which are unsafe or unhealthy for persons to live or work • Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots • Adjacent or nearby uses that are incompatible with each other and that prevent the economic development of those parcels or other portions of the project area 7 Agenda Item No. 5 Page 28 of 134 • The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership Economic conditions that cause blight are defined as follows: • Depreciated or stagnant property values or impaired investments • Abnormally high business vacancies, abnormally low lease rates, high turnover rates • Abandoned buildings, or excessive vacant lots • A lack of necessary commercial facilities that are normally found in neighborhoods • Residential overcrowding • An excess of bars, liquor stores, or other businesses that cater exclusively to adults that has led to problems of public safety and welfare • A high crime rate that constitutes a serious threat to the public safety and welfare Accordingly, the Agency's five -year goals and objectives for redevelopment are: ■ 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. • 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. ■ Encourage private investment to improve or redevelop property in the Project Areas as well as surrounding areas. • Explore cooperative redevelopment opportunities to partner with County of Riverside to make improvements to the lakeshore. • Evaluate the benefits of re- establishing the Agency's power of eminent domain to effectively implement the Agency's 8 Agenda Item No. 5 Page 29 of 134 redevelopment goals and objectives and study the possibility of targeting geographic sub -areas for such authority. In addition, the Agency proposes to accomplish the following goals and objectives during the next five years: • 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. Status: Concurrent with the adoption of this Implementation Plan, the Agency and City Council will consider adoption of Amended and Restated Redevelopment Plans for each Project Area. • Increase, improve and preserve the community's supply of very low -, lower -, and low- and moderate - income housing opportunities both for ownership and rental units. Status: On November 11, 2008, the Agency approved a Memorandum of Understanding by and between the Agency and BRIDGE Housing Corporation whereby the parties agreed to work diligently and in good faith to identify sites and opportunities for development of affordable housing. In addition, on November 11, 2008, the Agency approved a resolution committing low and moderate income housing funds to BRIDGE for the development of an affordable housing project known as Pottery Court. (2) Rancho Laguna Redevelopment Project Area No. I The current goals and objectives of the Agency in Project Area No. I essentially continue with the original goals established for Project Area No. I and include the following: • To eliminate and prevent the spread of physical blight and deterioration by promoting and encouraging immediate development of parcels comprising Redevelopment Project Area No. I, which are substantially vacant, underutilized and /or unproductive. • Promote redevelopment in the Downtown /Old Town District and in the vicinity of Grand /Ortega. • To encourage and foster the economic revitalization of Project Area No. I. N Agenda Item No. 5 Page 30 of 134 • To encourage new construction and rehabilitation of commercial and industrial uses, which in turn will provide short -term and long -term employment opportunities for local residents. • To encourage new development in the Project Area of high - quality housing at affordable prices, and with affordable financing terms, including affordable senior housing. • To promote the rehabilitation and preservation of the existing housing stock where appropriate. (3) Rancho Laguna Redevelopment Project Area No. II The Agency continues to support the following goals and objectives in Project Area No. II: • To eliminate and prevent the spread of physical and economic blight and deterioration by promoting and encouraging the revitalization or redevelopment of deteriorating or underutilized areas within Project Area No. II. • To create an aesthetic, healthful, and functional environment. • To promote productive and efficient use of land to improve and increase the tax base. • To encourage new residential, industrial, and commercial development within Project Area No. II to provide additional housing, employment and service opportunities, and broaden the tax base. • To provide needed public improvements and facilities in Project Area No. II. • To provide opportunities for participation by owners and a reasonable preference for persons engaged in business in Project Area No. II. ■ To promote the rehabilitation of the existing housing stock where appropriate. • Promote redevelopment in the vicinity of Lakeshore and Riverside Drive (Four Corners) and redevelopment of the Back Basin through implementation of the DDA with Laing - CP Elsinore LLC and Civic - Partners- Elsinore LLC. 10 Agenda Item No. 5 Page 31 of 134 (4) Rancho Laguna Redevelopment Project Area No. III include: The Agency goals and objectives in Project Area No. III continue to • To remedy, remove and prevent physical blight and economic obsolescence in Project Area No. III. • To encourage the cooperation and participation of residents, businesses, business persons, public agencies and community organizations. • To eliminate substandard structures through rehabilitation or demolition. • To remove physical constraints such as existing subdivision patterns which inhibit market forces for redevelopment or reuse. • To eliminate health and safety hazards. • Promote development and redevelopment in and around the Diamond Stadium and pursue efforts to increase and improve Stadium use. • To provide for the expansion, renovation and relocation of businesses within Project Area No. III to enhance their economic viability. • To improve inadequate public utilities, infrastructure and facilities which impair and, in some cases, prevent development allowed by the General Plan. • To eliminate conditions of economic dislocation such as incompatible land uses, fragmented ownership patterns, and existing subdivision patterns which impair reinvestment capabilities, inhibit market forces and result in underutilized or improperly utilized properties and restrict redevelopment or reuses by private enterprises acting alone. • To promote land assembly or parcel consolidation into sites suitable to accommodate contemporary development trends, current market demands and efficient site planning. • To promote the rehabilitation and preservation of the existing housing stock where appropriate. • Promote redevelopment of the Country Club Heights area and redevelopment of the Back Basin through 11 Agenda Item No. 5 Page 32 of 134 implementation of the DDA with Laing -CP Elsinore LLC and Civic - Partners- Elsinore LLC. E. Programs and Expenditures (1) Policy Overview The Agency supports projects that encourage development and revitalization of commercial and industrial activities in the Project Areas to enhance services and employment opportunities to Project Area residents and that generate increased property values and sales tax revenues. More specifically, the Agency supports the following types of projects: activities: • Projects that maximize the efficiency and compatibility of land uses within the Project Areas. • Projects that generate employment opportunities and expand the community's economic base. • Projects that provide public improvements and facilities necessary to eliminate blighted conditions and stimulate private development activities. • Projects that increase, improve and preserve affordable housing opportunities. The expenditures of the Agency are guided by the following priority • Satisfaction of debt service obligations. • Installation, construction, reconstruction, redesign, or reuse of streets, utilities, curbs, gutters, sidewalks and other public improvements and facilities. ■ Redevelopment of land by private enterprise or public agencies for use in accordance with the adopted Redevelopment Plans. • Financing of the construction of residential, commercial and industrial buildings and the permanent mortgage financing of residential, commercial and industrial buildings, as permitted by applicable State and local laws, to increase the residential, commercial and industrial base of the City. • In appropriate cases, rehabilitation of structures and improvements or development of vacant land by present owners, their successors and the Agency. W Agenda Item No. 5 Page 33 of 134 • Providing affordable housing opportunities to all segments of the community. • Such other actions as may be permitted by law. (2) 2000 -04 Five -Year Plan: Accomplishments The Agency has been actively involved in community redevelopment since the adoption of Project Area No. I in 1980. However, those initial redevelopment efforts led the Agency to incur significant debt while property values waned during much of the 1990's. The start of the new millennium led to increased optimism that the Agency could begin to make significant progress on the Agency's downtown revitalization, housing and economic development goals. First, however, the Agency's primary mission in the past five years has been to continue to honor its obligation to bondholders by allocating tax increment to debt service. Secondly, the Agency has continued to honor its obligations under existing disposition and development agreements and owner participation agreements. The Agency also successfully re- negotiated a Disposition and Development Agreement ( "DDA ") with Laing -CP Elsinore LLC and Civic Partners - Elsinore LLC, a successor in interest to Eastlake Communities. This DDA is part of an integrated development strategy benefiting the City's "Back Basin" area in Project Area Nos. II and III. This Back Basin area has traditionally faced significant hurdles to development, largely because of flooding concerns. Agency assistance will assure the continued economic viability of this project and, we believe, be a catalyst to significant ancillary development projects in the Back Basin. The DDA also gives full recognition to the Agency's existing debt obligations and provides that Agency assistance will be limited to tax increment that is available only after all existing "senior debt" has been satisfied. Equally important, the Agency's existing bonded debt obligations have been stabilized while existing property values have soared. The resulting increase in tax increment will allow the Agency to make significant progress towards the Agency's obligations to reimburse the Housing Fund and the City in accordance with governing documents and applicable laws. (3) 2005 -09 Five -Year Plan The Five -Year Plan of programs and expenditures is a continuation of the Agency's previous commitments, whereby tax increment generated in the three Project Areas will first be spent to pay for bond debt service and other financial obligations associated with specific programs and projects. Gross tax increment revenues allocated to the Agency during the 2004 -09 planning period are estimated as follows: 13 Agenda Item No. 5 Page 34 of 134 Gross Tax Increment Allocations From gross tax increment for all Project Areas, the Agency must set aside twenty percent (20 %) to its Housing Fund each year. The estimate of Housing Fund deposits for the each fiscal year of the five -year planning period are set forth in Section IV.D. below: Also deducted from gross tax increment for all Project Areas are SB 2557 administrative fees and payments to other taxing agencies pursuant to tax sharing agreements entered into when the Redevelopment Plans were adopted. Commencing in 2008 -09, the Agency will also pay a statutory pass- through to other taxing entities from increment received in Project Area No. I resulting from the City Council's adoption of Ordinance No. 1249 eliminating and amending certain time limits with respect to the Redevelopment Plans. For fiscal year 2008 -09, the aggregate of these expenses is estimated as follows: County Administrative fees and Payments to Taxing Agencies 2004 -05 2005 -06 2006 -07 2007 -08 2008 -09 Project No. 1 $4,988,523 $6,120,855 $6,466,187 $8,076,257 $7,192,000 Project No. II $6,786,973 $10,250,462 $11,475,533 $14,070,225 $12,350,000 Project No. 111 $1,360,583 $2,128,598 $3,170,823 $4,337,885 $3,778,000 From gross tax increment for all Project Areas, the Agency must set aside twenty percent (20 %) to its Housing Fund each year. The estimate of Housing Fund deposits for the each fiscal year of the five -year planning period are set forth in Section IV.D. below: Also deducted from gross tax increment for all Project Areas are SB 2557 administrative fees and payments to other taxing agencies pursuant to tax sharing agreements entered into when the Redevelopment Plans were adopted. Commencing in 2008 -09, the Agency will also pay a statutory pass- through to other taxing entities from increment received in Project Area No. I resulting from the City Council's adoption of Ordinance No. 1249 eliminating and amending certain time limits with respect to the Redevelopment Plans. For fiscal year 2008 -09, the aggregate of these expenses is estimated as follows: County Administrative fees and Payments to Taxing Agencies Anticipated expenditures from the Net Tax Increment Revenues to be made during the planning period are summarized below: a. Tax increment to be expended on the debt service for bonds issued for Project Area Nos. I, II and III. These expenditures are summarized in the following Table: 14 Agenda Item No. 5 Page 35 of 134 2008 -09 2008 -09 2008 -09 SIB 2557 Pass- Pass - Admin Fees Through Through Agreements Statutory Project No. 1 $63,000 $1,916,000 $341,000 Project No. II $107,000 $5,270,000 $0 Project No. III $33,000 $1,945,000 $0 Anticipated expenditures from the Net Tax Increment Revenues to be made during the planning period are summarized below: a. Tax increment to be expended on the debt service for bonds issued for Project Area Nos. I, II and III. These expenditures are summarized in the following Table: 14 Agenda Item No. 5 Page 35 of 134 Projected Five -Year Debt Service Schedule Debt Service 2004 -05 2005 -06 2006 -07 2007 -08 2008 -09 Bonds 1995 Series $977,890 $981,420 $978,870 $980,510 $981,070 A 1,11,111 1999 Series $2,197,308 $2,196,682 $2,199,683 $2,196,308 $2,196,558 A I &11 1999 Series $82,006 $82,838 $83,306 $83,413 $78,338 B I &11 1999 Series $1,090,203 $1,085,320 $1,084,935 $1,088,713 $1,086,653 C 1,11,111 $4,347,407 $4,346,260 $4,346,794 $4,348,944 $4,342,619 Total b. Tax increment to be expended on other program and project obligations including the following: • Outlet Center (O.P.A.) • Walmart/Oak Grove (O.P.A.) • Amber Ridge Sewer /State Loan Agreement • Civic Partners (D.D.A) • Housing Fund Reimbursement Obligations • City Reimbursement Obligations • ERAF • Lake Elsinore Recreation Authority Lease The Agency anticipates that unencumbered tax increment funds may be available for limited discretionary projects during the 2005 -2009 planning period, after taking into account the Agency's obligations to reimburse the Housing Fund and the City in accordance with governing documents and applicable laws. (4) Efforts Undertaken in Furtherance of 2005 -2009 Implementation Plan Goals and Objectives. Downtown Master Plan The Agency sponsored the creation of a Downtown Master Plan document to create a readily actuated and incremental comprehensive urban design vision for Project Area I's downtown —the area generally located South of Interstate 15, and North of the lakefront between Riley Street and Chestnut Street. The purpose of 15 Agenda Item No. 5 Page 36 of 134 the Downtown Master Plan is to 1) Establish the design vision for the area; 2) Provide land development regulations and a regulatory framework to guide future public and private development in the area; 3) Encourage the development of public space and community art; 4) Foster opportunities for historic preservation and redevelopment; 5) Develop evidence -based economic strategies and a comprehensive implementation plan necessary to support the desired vision; and 6) Establish and recognize an innovative and distinct Main Street ambiance and experience. Lake Elsinore Technology Center The Agency received a $2.67 million grant from the U.S. Economic and Development Administration to assist in the development of the Lake Elsinore Technology Center (LETC) in Project Area 1. As proposed, the LETC consists of a 13,200 square -foot business incubator that will provide ten (10) to fifteen (15) businesses with professional office space at below market -rate rents, with amenities that include a central reception area, conference rooms, lunch room, a computer training room, and related office equipment, business plan and marketing plan training, networking opportunities, interns from local technology -based school programs, and professional services, such as legal, accounting, and business advice. The business incubator will provide the necessary tools to assist new, relocating, and expanding businesses in their efforts to succeed. Furthermore, existing businesses in the area can remain at their current location and enroll in the incubator's business affiliate program to take advantage of the training, services, and networking opportunities offered through the incubator. Additionally, the LETC assists existing retail businesses in the downtown by providing a more dedicated daytime consumer base to support their establishments. Lake Elsinore Cultural Center Seismic Retrofitting The Agency submitted a proposal to the Federal Emergency Management Agency's Hazard Mitigation Grant Program to request funding assistance for the seismic retrofitting of the Lake Elsinore Cultural Center, a publicly owned 1923 unreinforced masonry building in Project Area 1. This project involves a structural retrofit with supplemental nonstructural measures. The primary structural measures for each building include adding reinforced concrete shear walls (with upgraded foundations), adding collectors to transfer loads to the new shear walls, adding out of plane anchors to tie the roof diaphragm to the walls, and installing plywood overlays to strengthen the roof, as necessary. Non - structural measures may include parapet bracing, gable end wall bracing, and bracing of selected nonstructural contents. The focus of this mitigation project is life safety, with the additional objectives of reducing damages and losses in the event of a future earthquake, preserving the functionality of the important civic building, and preserving the structure's historic facade, which is located in City of Lake Elsinore's historic district. F. Blight Elimination (How the Goals and Objectives, Projects and Expenditures Will Eliminate Blight) 16 Agenda Item No. 5 Page 37 of 134 The adoption of AB 1290 substantially changed the definition of blight which can now be used to qualify project areas for adoption on or after January 1, 1994. However, all of the Agency Redevelopment Projects were adopted prior to this date and qualified under the previous definitions of blight. Pre -AB 1290 conditions of blight are described in detail within the Agency's Reports to the City Council prepared for each of the Redevelopment Plans. Implementation of the Agency sponsored projects and programs together with private development activity have improved conditions in the Project Areas; however, significant blighting conditions remain. It is the Agency's intent to focus on the remedy of those remaining blight conditions through the continued implementation of the Redevelopment Plans and this Implementation Plan, encouragement of private development activities and the provision of new and rehabilitated housing. The goals, objectives, programs and expenditures contained in this Implementation Plan contribute to the elimination of the following blight conditions: • Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. • Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of the Project Areas. • The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership. • Depreciated or stagnant property values or impaired investments. • A lack of necessary commercial facilities that are normally found in neighborhoods. IV. HOUSING IMPLEMENTATION PLAN A. Introduction The Housing Implementation Plan addresses the following: • How the goals, objectives, programs and expenditures of the Housing Implementation Plan will implement the affordable housing requirements of the redevelopment law. • Expenditure of the Housing Fund to assist low and very low income households in proportion to their needs. 17 Agenda Item No. 5 Page 38 of 134 • Adoption of a plan to achieve compliance with the affordable housing production /inclusionary housing obligations. • Use of the Housing Fund to increase, improve and preserve the community's supply of housing at affordable housing cost. B. Goals and Objectives Among the goals and objectives of the Agency, the following will implement the Agency's affordable housing requirements. • To establish a repayment plan and schedule to repay the debt to the Housing Fund. • To adopt an affordable housing strategy or plan based upon projected Housing Fund revenues over the next 5 to 10 years. • To prioritize Housing Fund expenditures to projects that assist the Agency in meeting its inclusionary housing requirements under Section 33413(b). • To provide affordable housing opportunities to all economic segments of the community. • To promote the rehabilitation and preservation of the existing housing stock where appropriate. • To encourage new development within the Project Area of high - quality housing at affordable prices, and with affordable financing terms. • To eliminate substandard structures through rehabilitation or demolition. C. Program and Expenditures The Agency plans to undertake a housing opportunity survey to identify housing opportunity sites appropriate for affordable housing projects. This survey together with the proposed Housing Fund repayment plan and revenue projections will serve as the foundation for the Agency to participate in affordable housing projects and programs in the five -year period covered by this Implementation Plan. These activities and expenditures will contribute to establishing and preserving quality neighborhood environments. As additional resources become available in the Housing Fund, programs will be implemented to meet the Agency's affordable housing obligations. In furtherance of the foregoing, on November 11, 2008, the Agency entered into a Memorandum of Understanding with BRIDGE Housing Corporation whereby the parties agreed to work diligently and in good faith to identify sites and opportunities for development of affordable housing. The Agency has approved a it- Agenda Item No. 5 Page 39 of 134 resolution committing low and moderate income housing funds to BRIDGE for the development of an affordable housing project known as Pottery Court. Pottery Court is a proposed multifamily affordable housing development consisting of approximately 113 units. The project secured a $1 million grant from the U.S. Department of Housing and Urban Development's Hope VI Main Street grant program in 2008. As currently proposed, the project plan consists of approximately 111 Very Low and 2 Manager units of family housing on approximately 4.29 acres of land in the Redevelopment Agency's Project Area 1, which has a projected inclusionary requirement of approximately 75 very low- income units and 114 units at low and moderate income by 2010. Pottery Court's 111 affordable units exceed the project's 15% inclusionary requirement (17 units), and will reduce the Agency's outstanding inclusionary obligations by 94 very-low income units. In addition, Pottery Court will satisfy the replacement housing requirement that will be triggered by the removal of ten (10) existing rental units. Consequently, the development will make substantial progress toward satisfying the Agency's affordable housing requirements. D. Implementation of Agency Housing Responsibilities This portion of the Implementation Plan addresses the Agency's housing responsibilities, including sections addressing Sections 33334.2, 33334.4, 33334.6 and 33413 for the provision of low and moderate income housing and related considerations. (1) Housing Fund Revenues The Agency has set aside twenty percent (20 %) of its gross tax increment into its Housing Fund since fiscal year 1995 -96. However, due to commitments for bonded indebtedness, the Housing Fund has only recently begun to accumulate significant unallocated tax increment. The estimate of Housing Fund deposits for the each fiscal year of the five -year planning period are set forth below: By the end of the 2005 -2006 fiscal year, the Housing Fund is anticipated to have available funds of approximately $6.7 million and is projected to accrue currently unallocated tax increment of a rate in excess of $1.4 million each year during the five -year planning period. In addition, as tax increment revenues increase, the Agency will have the opportunity to reimburse the Housing Fund as contemplated by the applicable bond documents. Agency staff and financial advisors are preparing the Housing Fund 19 Agenda Item No. 5 Page 40 of 134 2004 -05 2005 -06 2006 -07 2007 -08 2008 09 Housing $2,627,216 $3,700,056 $4,222,509 $5,296,873 $4,664,000 Fund ( 20% set aside By the end of the 2005 -2006 fiscal year, the Housing Fund is anticipated to have available funds of approximately $6.7 million and is projected to accrue currently unallocated tax increment of a rate in excess of $1.4 million each year during the five -year planning period. In addition, as tax increment revenues increase, the Agency will have the opportunity to reimburse the Housing Fund as contemplated by the applicable bond documents. Agency staff and financial advisors are preparing the Housing Fund 19 Agenda Item No. 5 Page 40 of 134 Repayment Plan for consideration by the Agency in this regard. Upon approval of such Plan, the Agency may deem it appropriate to modify this Part III of the Implementation Plan. (2) Proportion of Very Low, Low and Moderate Income Housing It is the policy of the Agency that the expenditures of the Housing Fund are made in relative proportion to the housing needs of very low, low and moderate income households in the community. For this purpose, housing need is based on the City's share of the regional housing need. The need identified in the City's Housing Element (July 2002) is distributed among the very low, low, moderate and above - moderate income groups as follows: # % Very low 978 26 Low 639 17 Moderate 829 22 Above- 1317 35 Moderate 3,763 100 While the Housing Element needs assessment reflects a significant need for housing to serve above - moderate households, the Agency's Low and Moderate Income funds will be expended exclusively on housing available to very low, low and moderate income households at an affordable housing cost. The City of Lake Elsinore is in the process of updating its Housing Element which will incorporate the City's Regional Housing Needs Allocation published by SCAG in 2007. This new data continues to reflect a significant need for housing to serve above - moderate households (over 40% of the community's housing need). The remaining housing need is distributed among very low, low and moderate income resulting in the following proportionality requirement as to the Agency's Housing Fund expenditures: Very low = 1,311 units = 40% Low = 921 units = 28% Moderate = 1,041 units = 32% 20 Agenda Item No. 5 Page 41 of 134 In addition, moneys in the Housing Fund will be expended to assist housing available to all persons regardless of age in at least the same proportion as the population under age 65 years to the City's total population. The 2000 Census reports that Lake Elsinore's senior population is 6.7% and the under 65 population is 93.3 %. (3) Projected Housing Development Housing development projections made at the time of,the adoption of the 2005 -2009 Implementation Plan were as follows: 2005 -2009 Project Area No. 1 300 Project Area No. 11 1550 Project Area No. 1111150 Total 3000 2010 -2014 Project Area No. 1 100 Project Area No. II 1000 Proiect Area No. 111 1100 Total 2200 2015- build -out Project Area No. 1 200 Project Area No. II 900 Project Area No. 111 1900 Total 3000 The Agency recognizes that actual rate of housing development has significantly slowed and has made the projections set forth above quite difficult to achieve. As a result, the Agency is analyzing actual development activity in connection with projected development needs and will incorporate updated housing development projections in the upcoming 2010 -2014 Implementation Plan. (4) Estimate of Housing Production Requirements a. Housing Units to be Developed or Purchased 21 Agenda Item No. 5 Page 42 of 134 The Law provides that "Each redevelopment agency shall, as part of the implementation plan required by Section 33490, adopt a plan to comply with the requirements of this subdivision for each project area. The plan shall be consistent with, and may be included within, the community's housing element. The plan shall be reviewed and, if necessary, amended at least every five years in conjunction with the housing element cycle. The plan shall ensure that the requirements of this subdivision are met every 10 years." b. Housing Units Required to be Developed Section 33413(b)(4) requires the Agency to adopt a plan to comply with the inclusionary housing requirements of Sections 33413(b)(1) and (2). The housing production requirements of State redevelopment law are: At least 30% of all new or rehabilitated dwelling units developed by an agency must be available at affordable housing cost to low or moderate income households and not less than 50% of that 30% must be for very low income households. (Section 33413(b)(1).) At least 15% of all new or rehabilitated dwelling units developed within a redevelopment project area by public or private entities or persons other than the agency must be available at affordable housing cost to low or moderate income households and not less than 40% of this 15% must be for very low income households. (Section 33413(b)(2).) C. Explanation of Current Housing Production / Inclusionary Housing Obligation The Agency has not developed any housing in the three Project Areas. Therefore, the Agency does not have a 30% affordable housing production obligation. "Substantial rehabilitation" is defined as rehabilitation which equals 25% of the after rehabilitation value of the dwelling, including land value. None of the housing units rehabilitated in Project Area Nos. I, II, or III since the Redevelopment Plans were adopted are known to meet this threshold; therefore, there is no production obligation associated with past rehabilitation activity. The production obligation, consequently, is based on the construction of new housing units in the three Project Areas. The Agency previously estimated its housing production requirements based upon the best information available during preparation of the 2000- 2004 Implementation Plan. Since adoption of the 2000 -2004 Implementation Plan, the Agency has continued to evaluate and inventory residential development activity in each Project Area. As a result of these efforts, the Agency has determined its housing prod uction / inclusionary housing requirements as follows: 22 Agenda Item No. 5 Page 43 of 134 Redevelopment Project Area No. I was first adopted in September 1980. Since that time, 956 housing units have been constructed. The affordable housing production obligation is as follows: Very Low Income = 57 Very Low, Low or Moderate Income — 87 144 In Project Area No. II, 1416 housing units have been constructed since the Plan was adopted in July 1983. The affordable housing production obligation is as follows: Very Low Income = 86 Very Low, Low or Moderate Income — 126 Inclusionary Units as of 1/1/2000 = 212 44 168 In Project Area No. III, 292 housing units have been constructed since the Plan was adopted. The affordable housing production obligation is as follows: Very Low Income = 18 Very Low, Low or Moderate Income — 26 44 Since the Project Areas were adopted, 44 housing units with long -term affordability restrictions within the meaning of the Law have been provided within the Project Area No. II. The remaining 355 inclusionary unit obligation will be satisfied pursuant to the requirements of the City's and Agency's agreements with developers of residential projects, which include a housing production /inclusionary housing requirement and through the implementation of rehabilitation programs, activities and other opportunities as described below. It is the Agency's priority that Housing Fund expenditures be made to satisfy these requirements. Based on future housing development projections, the Agency's inclusionary housing obligations are anticipated to increase as follows: 23 Agenda Item No. 5 Page 44 of 134 2005 -2009 Project Area No. 1 45 units (18 Very Low; 27 Very Low /Low /Mod) Project Area No. II 233 units (94 Very Low; 139 Very Low /Low /Mod) Project Area No. 111 173 units (70 Very Low; 103 Very Low /Low /Mod) Total Inclusionary 451 units (182 Very Low; 269 Very Low /Low /Mod) 2010 -2014 Project Area No. 1 15 units (6 Very Low; 9 Very Low /Low /Mod) Project Area No. II 150 units (60 Very Low; 90 Very Low /Low /Mod) Project Area No. III 165 units (66 Very Low; 99 Very Low /Low /Mod) Total Inclusionary 330 units (132 Very Low; 198 Very Low /Low /Mod) 2015 - build -out Project Area No. 1 30 units (12 Very Low; 18 Very Low /Low /Mod) Project Area No. II 135 units (54 Very Low; 81 Very Low /Low /Mod) Project Area No. III 285 units (114 Very Low; 171 Very Low /Low /Mod) Total Inclusionary 450 units (180 Very Low; 270 Very Low /Low /Mod) Given the projection of new housing development in the Project Areas and the consequential inclusionary housing obligations triggered by that development, the City of Lake Elsinore has as a matter of policy required residential developers to contribute toward the inclusionary housing needs of the community. The Agency and the City Council are evaluating the proposed adoption of a citywide inclusionary housing ordinance that would legislatively mandate residential development to satisfy a 15% affordable housing inclusionary obligation triggered by their projects. Through this effort, the Housing Fund resources can be focused on providing the units necessary to satisfy the unmet existing inclusionary housing requirement. d. Housing Programs State law provides alternative programs, projects and activities that an agency may implement in order to meet the affordable housing production obligations. The alternative programs include units that are constructed, developed, rehabilitated or price- restricted. Therefore, in addition to new construction, the Agency may, among other activities, implement the following programs: 24 Agenda Item No. 5 Page 45 of 134 Rehabilitation As funding becomes available, the Agency will design and implement a rehabilitation program that includes single- and multi - family housing. Sub -areas and /or neighborhoods located in the Project Areas will be identified. In addition, policies and procedures will be prepared for the rehabilitation program. Price - Restricted Units AB 1290 allows the Agency to meet a part of the affordable housing obligation by the acquisition (by purchase or regulation) of long -term affordability restrictions on existing multi - family units that either are not presently available at affordable housing cost to low and very low income households, or are units that are presently available at affordable cost but may be subject to rent increases that would no longer make the housing affordable. Price - restricted units in existing multi - family housing is often accomplished by a debt service reduction or helping non - profits acquire such housing by providing downpayment assistance. The Agency will implement a program to work with non - profits and the current owners of multi - family housing. Similar acquisition of long -term affordability restrictions may also be pursued on future multi - family and single family units within the City's Specific Plan areas governed by development agreements stipulating the provision of affordable housing. Preservation There is one multi - family development located in a Project Area that has 20% of the units at affordable rents. This program will involve working with the owners to extend the current affordability term and increase the percentage of units with affordable rents. The accomplishment of this program will provide a significant contribution to the Agency's affordable housing obligation. Land Writedown The Agency will implement a program to provide a writedown of land costs and thereby help to meet the production obligations. The degree to which the obligations will be met by this program will depend on surplus land availability; current and future land values; and the dollar amount available in the Housing Fund. (5) Replacement Housing Section 33490(a)(3) requires that if the Implementation Plan contains a project that will result in the destruction or removal of dwelling units that will have to be replaced pursuant to subdivision (a) of Section 33413, the Implementation Plan shall identify proposed locations suitable for the required replacement dwelling units. The projects proposed and described in this Implementation Plan will not cause the destruction or removal of dwelling units. Moreover, the Agency has not previously incurred any replacement housing obligations. Therefore, no replacement housing sites need to be identified. In the event projects are proposed in the future that will cause the destruction or removal of existing housing occupied by low 25 Agenda Item No. 5 Page 46 of 134 or moderate income persons, the Agency will comply with its replacement housing obligations pursuant to Sections 33413(a) and 33415. (6) Consistency with the Housing Element The basic policy direction for the Housing Implementation Plan is derived from the Housing Element. The Housing Implementation Plan must be consistent with the City's Housing Element. According to the California Department of Housing and Community Development ( "HCU), consistency means that the two plans should not propose different activities using the same agency resources, or different uses for the same funds, or conflicting schedules or objectives. Housing element law, according to HCD, requires the element to "set forth a five -year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through ... the utilization of moneys in a (redevelopment agency's) Low and Moderate Income Housing Fund" (Government Code Section 65583[c]). Amd Rst Implementation Plan 2005- 26 2009 (FINAL).doc Agenda Item No. 5 Page 47 of 134 ATTACHMENT NO. 1 MAPS OF PROJECT AREAS [Attached] Agenda Item No. 5 Page 48 of 134 CITY OF LAKE ELSINORE REDEVELOPMENT AGENCY PROJECT AREA BOUNDARIES CITY OF LADE LSII` 0R DREAM lf"At N A REDEVELOPMENT PROJECT AREAS AREA NO.1 ORIGINAL AREA NO.1 AREA NO.2 AREA NO.3 1:65,000 NO.3 2 .. prepued Ely: City of Cake Elsinore GIs Ienu 2009 d I awse ®staff GIs TAKE &LSINORF% a C of}tNyFpldp 1s ATTACHMENT Agenda Item No. 5 Page 50 of 134 RESOLUTION NO. 2009- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE ADOPTING A REVISED METHOD OR PLAN FOR RELOCATION IN 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 (the "Original Plans "); and WHEREAS, the Original Plan for Project Area No. I was amended by Ordinance No. 624 on July 20, 1981, Ordinance No. 987 on November 22, 1994 and Ordinance No. 1249 on February 26, 2008; the Original Plan for Project Area No. 11 was amended by Ordinance 671 on July 18, 1983, by Ordinance No. 987 on November 8, 1994, and by Ordinance No. 1249 on February 26, 2008; the Original Plan for Project Area No. III was amended by Ordinance No. 987 on November 8, 1994, and by Ordinance No. 1249 on February 26, 2008, collectively the "Amendments "; and WHEREAS, CRL Section 33411 provides that a redevelopment agency shall prepare a feasible method or plan for relocation of all of the following: (a) families and person to be temporarily or permanently displaced from housing facilities in the project area; and (b) non - profit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the project area; and WHEREAS, CRL Section 33411.1 provides that the legislative body shall insure that such method or plan of the Agency for the relocation of families or single person to be displaced by a project shall provide that no person or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced person or families and must be decent, safe, sanitary, and otherwise standard dwelling. The Agency shall not displace such person of family until such housing units are available and ready for occupancy; and WHEREAS, pursuant to CRL Sections 33411 and 33411.1, the Agency prepared and adopted a method or plan for implementing the provisions of CRL Sections 33411 and 33411.1 as applicable to the Project Areas (the "Plan or Method for Relocation ") in connection with the Agency's adoption of the Original Plans and the Amendments; and WHEREAS, that in connection with the proposed amended and restated Agenda Item No. 5 Page 51 of 134 redevelopment plans processed concurrently herewith, the Agency desires to update the Plan or Method for Relocation in substantially the form attached to this resolution (the "Revised Plan or Method for Relocation "); and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Redevelopment Agency of the City of Lake Elsinore hereby approves and adopts the attached "Revised Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III for the Redevelopment Agency of the City of Lake Elsinore ", attached hereto as Exhibit "A" and incorporated herein by reference, as the Revised Plan or Method of Relocation. The Revised Plan or Method of Relocation attached hereto as Exhibit "A" shall be binding and shall supersede and replace any and other versions of any Plan or Method of Relocation prepared and /or adopted by the Agency in their entirety. The Revised Plan or Method of Relocation shall be available for public inspection as of this date. SECTION 2. This Resolution shall become effective from and after its date of adoption. PASSED, APPROVED, AND ADOPTED this 24 day of March, 2009. THOMAS BUCKLEY, CHAIRMAN ATTEST: DEBORA THOMSEN, AGENCY SECRETARY APPROVED AS TO FORM: BARBARA LEIBOLD, AGENCY COUNSEL Agenda Item No. 5 Page 52 of 134 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. was adopted by the Redevelopment Agency Board of the Redevelopment Agency of the City of Lake Elsinore at a regular meeting held on the 24 day of March 2009, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: DEBORA THOMSEN, AGENCY SECRETARY Agenda Item No. 5 Page 53 of 134 EXHIBIT "A" Revised Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, No. II and No. 111 for the Redevelopment Agency of the City of Lake Elsinore [Attached] Agenda Item No. 5 Page 54 of 134 REVISED METHOD OR PLAN FOR RELOCATION IN THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, 11 AND III FOR THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE Adopted by: Redevelopment Agency of the City of Lake Elsinore March 24, 2009 Resolution No. 2009 Agenda Item No. 5 Page 55 of 134 TABLE OF CONTENTS PAGE I. [SECTION 1001 PURPOSE AND INTENT ............................. ..............................1 II. [SECTION 200] DEFINITIONS ............................................... ..............................1 III. [SECTION 3001 AGENCY DISPLACEMENT ........................ ..............................2 IV. [SECTION 4001 RELOCATION IN THE EVENT OF AGENCY DISPLACEMENT .................................................................. ..............................3 V. [SECTION 5001 RULES AND REGULATIONS ..................... ..............................3 VI. [SECTION 6001 AGENCY DETERMINATIONS AND ASSURANCES ................3 VII. [SECTION 700] RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING ........................5 VIII. [SECTION 800] ADMINISTRATIVE ORGANIZATION ........... ..............................5 1. Responsible Entity .............................................................. ..............................5 2. Functions ............................................................................ ..............................5 3. Information Program .......................................................... ............................... 7 4. Relocation Record ............................................................. ............................... 7 5. Relocation Resources Survey ............................................ ............................... 7 6. Relocation Payments .......................................................... ..............................8 Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Inc. Page 15119 f/024 /OB'em No. 5 Page 56 of 134 METHOD OR PLAN FOR RELOCATION IN THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II AND III FOR THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE I. [SECTION 100] PURPOSE AND INTENT Section 33411 of the CRL requires the Agency to prepare a feasible "method or plan" for relocation of families or persons to be temporarily or permanently displaced from housing facilities in the Project Area, and for non - profit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the Project Area. Section 33411.1 requires the legislative body to insure that "...such method or plan of the agency ... shall provide that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family 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 dwelling. The agency shall not displace such person or family until such housing units are available and ready for occupancy." This Method or Plan for Relocation is not intended to be a "Relocation Plan" within the meaning of Section 6038 of the "Relocation Assistance and Real Property Acquisition Guidelines" promulgated by the California Department of Housing and Community Development (California Code of Regulations, Division 1 of Title 25, commonly called the "State Guidelines "). As described below, a Section 6038 Relocation Plan is not prepared until the Agency initiates negotiations for the acquisition of real property and prior to proceeding with any phase of a public improvement or facility project or other implementation activity that would result in any displacement other than an insignificant amount of non - residential displacement. II. [SECTION 2001 DEFINITIONS As used herein, the following definitions apply: 1) "City" means the City of Lake Elsinore. 2) "Agency" means the Redevelopment Agency of the City of Lake Elsinore. 3) "Amended and Restated Redevelopment Plans" means the Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II and III. 4) "Project Area" means each of the Rancho Laguna Redevelopment Project Areas No. I, II or III. 5) "CRL" means the California Community Redevelopment law. 6) "Person" means any individual, partnership, corporation, limited liability company or association. Method or Plan for Relocation in the Rancho Laguna Keyser Marston Associates, Inc. Redevelopment Project Areas No. I, II and III Page 1 for the Redevelopment Agency of the City of Lake Elsinore Agenda Item No. 5 Page 57 of 134 7) "Low and Moderate Income Persons and Families" means those persons or families of low and moderate income, as defined in Section 50093 of the Health and Safety Code. 8) "Business" means any lawful activity primarily for the purchase, sale, lease, or rental of personal and real property, and for the manufacturing, processing, or marketing of products, commodities, or any other personal property. 9) "Displaced Person" means any person who moves from real property, or who moves his or her personal property from real property as a direct result of a written notice of intent to acquire or the acquisition of, the real property, in whole or in part, for a program or project undertaken by the Agency or by any person having an agreement with, or action on behalf of the Agency. 10) "Eligible Person" includes any Displaced Person with the following exceptions: (1) is in unlawful occupancy of the displacement dwelling; (2) whose right of possession at the time of moving arose after the date of the Agency's acquisition of the real property; (3) who has occupied the real property for the purpose of obtaining assistance under this Method or Plan for Relocation; and (4) who occupies the property for a period subject to termination which the property is needed for the program or project. 11) "Relocation Appeals Board" means the entity that will decide on any dispute between a person and the Agency regarding relocation eligibility and relocation payments. The members of the Relocation Appeals Board are to be appointed by the Mayor, subject to the approval of the City Council (H &SC 33417.5). 12) "California State Relocation Law" means California Government Code Section 7260 et seq. in effect as of the date of adoption of this Method or Plan for Relocation and as may be subsequently amended. 13) "California State Relocation Guidelines" means Title 25, California Code of Regulations, Division 1, Ch. 6, Articles 1 -6, Section 6000 et seq. in effect as of the date of adoption of this Method or Plan for Relocation and as may be subsequently amended Ill. [SECTION 300] AGENCY DISPLACEMENT The Agency anticipates that its programs of land assembly and upgrading and installation of public improvements and facilities needed within the Project Area will provide an incentive for future owners and the private sector to develop or redevelop vacant, underutilized and blighted properties and to achieve the goals and objectives for the redevelopment of the Project Area. To the extent that the Agency acquires occupied property through voluntary sale for land assembly or other purposes in the future, or enters into agreements with future owners, developers, or others under which occupants will be required to move, the Agency will cause or will be responsible, to the extent provided by law, for causing such displacement of occupants. The Agency is not responsible for any displacement, which may occur as a result of private development activities not directly assisted by the Agency under a disposition and development, participation, or other such agreement. Method or Plan for Relocation in the Rancho Laguna Keyser Marston Associates, Inc. Redevelopment Project Areas No. I, II and III Page 2 for the Redevelopment Agency of the City of Lake Elsinore Agenda Item No. 5 Page 58 of 134 IV. [SECTION 400] RELOCATION IN THE EVENT OF AGENCY DISPLACEMENT Displacement of businesses or tenants may occur voluntarily under Agency programs and activities over the life of the Amended and Restated Redevelopment Plan. Should such displacement occur, the Agency will provide persons, families, business owners and tenants displaced by Agency activities with monetary and advisory relocation assistance consistent with the California Relocation Assistance Law (State Government Code, Section 7260 et seq.), the State Guidelines adopted and promulgated pursuant thereto, and the provisions of the Amended and Restated Redevelopment Plan. The Agency will pay all relocation payments required by State and Federal law. The following portions of this Method or Plan for Relocation outline the general relocation rules and procedures, which must be adhered to by the Agency in activities requiring the relocation of persons and businesses. Also identified below are the Agency determinations and assurances, which must be made prior to undertaking relocation activities. The Agency's functions in providing relocation assistance and benefits are also summarized. V. [SECTION 500] RULES AND REGULATIONS In connection with the preparation of a Relocation Plan adopted pursuant to Section 6038 of the State Guidelines, the Agency shall adopt rules and regulations that: (1) implement the requirements of California Relocation Assistance Law (Government Code, Chapter 16 of Division 7 of Title 1, commencing with Section 7260) (the "Act "); (2) are in accordance with the provisions of the State Guidelines; (3) meet the requirements of the CRL and the provisions of the Amended and Restated Redevelopment Plan; and (4) are appropriate to the particular activities of the Agency and not inconsistent with the Act or the State Guidelines. VI. [SECTION 6001 AGENCY DETERMINATIONS AND ASSURANCES The Agency may not proceed with any phase of a project or other activity which will result in the displacement of any person or business until it makes the following determinations: a. Fair and reasonable relocation payments will be provided to eligible persons as required by State and Federal law, the State Guidelines, and Agency rules and regulations adopted pursuant thereto. b. A relocation assistance advisory program offering the services described in the State Guidelines will be established. C. Eligible persons will be adequately informed of the assistance, benefits, policies, practices and procedures, including grievance procedures, provides for in the State Guidelines. d. Based upon recent survey and analysis of both the housing needs of persons who will be displaced and available replacement housing, and considering competing demands for that housing, comparable replacement dwellings will be Method or Plan for Relocation in the Rancho Laguna Keyser Marston Associates, Inc. Redevelopment Project Areas No. I, II and III Page 3 for the Redevelopment Agency of the City of Lake Elsinore Agenda Item No. 5 Page 59 of 134 available, or provided, if necessary, within a reasonable period of time prior to displacement sufficient in number, size and cost for the eligible persons who require them. e. Adequate provisions have been made to provide orderly, timely and efficient relocation of eligible persons to comparable replacement housing available without regard to race, color, religion, sex, marital status, or national origin with minimum hardship to those affected. A Relocation Plan meeting the requirements of State law and the State Guidelines has been prepared. 2. No person shall be displaced until the Agency has fulfilled the obligations imposed by State and Federal law, the CRL, the Amended and Restated Redevelopment Plan, the State Guidelines and the Agency rules and regulations. 3. No persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family 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 an otherwise standard dwelling. The Agency shall not displace such persons or families until such housing units are available and ready for occupancy. 4. If any portion of the Project Area is developed by the Agency with low or moderate income housing units, the Agency shall require by contract or other appropriate means that such housing be made available for rent or purchase to the persons and families of low and moderate income displaced by Agency activities. Such persons and families shall be given priority in renting or buying such housing; provided, however, that failure to give such priority shall not affect the validity of title to real property. 5. If suitable housing units are not sufficiently available in the community for low and moderate income persons and families to be displaced by the Agency from the Project Area, the City Council shall assure that sufficient land is made available for suitable housing for rental or purchase by low and moderate income persons and families. If suitable housing units are not sufficiently available for use by such persons and families of low and moderate income displaced by Agency activities within the Project Area, the Agency may, to the extent of that deficiency, direct or cause the development, rehabilitation, or construction of housing units within the City. 6. Permanent housing facilities shall be made available within three years from the time occupants are displaced by the City, and pending the development of such facilities there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the City at the time of their displacement. Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Inc. Page 4 Agenda Item No. 5 Page 60 of 134 VII. [SECTION 700] RELOCATION ASSISTANCE ADVISORY PROGRAM AND ASSURANCE OF COMPARABLE REPLACEMENT HOUSING The Agency shall implement a relocation assistance advisory program, which satisfies the requirements of the State law and Article 2 of the State Guidelines and the Civil Rights Act. Such program shall be administered so as to provide advisory services which offer maximum assistance to minimize the hardship of displacement and to ensure that: (a) all persons and families displaced from their dwellings are relocated into housing meeting the criteria for comparable replacement housing contained in the State Guidelines; and (b) all persons displaced from their places of business are assisted in reestablishing with a minimum of delay and loss of earnings. No eligible person shall be required to move from his /her dwelling unless adequate replacement dwelling is available to such person. The following outlines the general functions of the Agency in providing relocation assistance advisory services. Nothing in this section is intended to permit the Agency to displace persons other than in a manner prescribed by law, the State Guidelines, and the adopted Agency rules and regulations prescribing the Agency's relocation responsibilities. Vlll. [SECTION 800] ADMINISTRATIVE ORGANIZATION 1. Responsible Entity The Agency is responsible for providing relocation payments and assistance to site occupants (persons, families, business owners and tenants) displaced by the Agency from the Project Area, and the Agency will meet its relocation responsibilities through the use of its staff and consultants, supplemented by assistance from local realtors and civic organizations. 2. Functions The Agency's staff and /or consultants will perform the following functions: 1. Prepare a Relocation Plan as soon as possible following the initiation of negotiations for acquisition of real property by the Agency and prior to proceeding with any phase of a public improvement or facility project or other implementation activity that will result in any displacement other than an insignificant amount of non - residential displacement. Such Relocation Plan shall conform to the requirements of the Section 6038 of the State Guidelines. The Agency shall interview all eligible persons, business concerns, including non - profit organizations, to obtain information upon which to plan for housing and other accommodations, as well as to provide counseling and assistance needs. 2. Provide such measures, facilities or services as needed in order to: a. Fully inform persons eligible for a parcel of land as to the availability of relocation benefits and assistance and the eligibility requirements therefore, as well as the procedures for obtaining such benefits and assistance, in accordance with the requirements of Section 6046 of the State Guidelines. Method or Plan for Relocation in the Rancho Laguna Keyser Marston Associates, Inc. Redevelopment Project Areas No. I, II and III Page 5 for the Redevelopment Agency of the City of Lake Elsinore Agenda item No. 5 Page 61 of 134 b. Determine the extent of the need of each such eligible person for relocation assistance in accordance with the requirements of Section 6048 of the State Guidelines. C. Assure eligible persons that within a reasonable period of time prior to displacement there will be available comparable replacement housing meeting the criteria described in Section 6008(c) of the State Guidelines, sufficient in number and kind for and available to such eligible persons. d. Provide current and continuing information on the availability, prices and rentals of comparable sales and rental housing, and of comparable commercial properties and locations, and as to security deposits, closing costs, typical down payments, interest rates, and terms for residential property in the area. e. Assist each eligible person to complete applications for payments and benefits. f. Assist each eligible, displaced person to obtain and move to a comparable replacement dwelling. g. Assist each eligible person displaced from his /her business in obtaining and becoming established in a suitable replacement location. h. Provide any services required to insure that the relocation process does not result in different or separate treatment on account of race, color, religion, national origin, sex, sexual orientation, marital status or other arbitrary circumstances. i. Supply to such eligible persons information concerning federal and state housing programs, disaster loan and other programs administered by the Small Business Administration, and other federal or state programs offering assistance to displaced persons. j. Provide other advisory assistance to eligible persons in order to minimize their hardships. As needed, such assistance may include counseling and referrals with regard to housing, financing, employment, training, health and welfare, as well as the assistance. k. Inform all persons who are expected to be displaced about the eviction policies to be pursued in carrying out the Project, which policies shall be in accordance with the provisions of Section 6058 of the State Guidelines. Notify in writing each individual tenant and owner - occupant to be displaced at least 90 days in advance prior to requiring a person to move from a dwelling or to move a business. Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Inc. Page 6 Agenda Item No. 5 Page 62 of 134 M. Coordinate the Agency's relocation assistance program with the project work necessitating the displacement and with other planned or proposed activities of other public entities in the community or other nearby areas which may affect the implementation of its relocation assistance program. 3. Information Program The Agency shall establish and maintain an information program that provides for the following: a. Within 60 days following the initiation of negotiations and not less than 90 days in advance of displacement, except for those situations described in subsection 6042(e) of the State Guidelines, the Agency shall prepare and distribute informational materials (in the language most easily understood by the recipients) to persons eligible for Agency relocation benefits and assistance. b. Conducting personal interviews and maintaining personal contacts with occupants of the property to the maximum extent practicable. C. Utilizing meetings, newsletters and other mechanisms, including local media available to all persons, for keeping occupants of the property informed on a continuing basis. d. Providing each person written notification as soon as his /her eligibility status has been determined. e. Explaining to persons interviewed the purpose of relocation needs survey, the nature of relocation payments and assistance to be made available, and encouraging them to visit the relocation office for information and assistance. 4. Relocation Record The Agency shall prepare and maintain an accurate relocation record for each person to be displaced as required by the State of California. 5. Relocation Resources Survey The Agency shall conduct a survey of available relocation resources in accordance with Section 6052 of the State Guidelines. Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Inc. Page 7 Agenda Item No. 5 Page 63 of 134 6. Relocation Payments The Agency shall make relocation payments to or on behalf of eligible displaced persons in accordance with and to the extent required by State and Federal law. a. Temporary Moves Temporary moves would be required only if adequate resources for permanent relocation sites are not available. Staff shall make every effort to assist the site occupant in obtaining permanent relocation resources prior to initiation of a temporary move, and then only after it is determined that Agency activities in the Project Area will be seriously impeded if such move is not performed. b. Last Resort Housing The Agency shall follow State law and the criteria and procedures set forth in Article 4 of the State Guidelines for assuring that if the Agency action results, or will result in displacement, and comparable replacement housing will not be available as needed, the Agency shall use its funds or fund authorized for the Project to provide such housing. C. Eviction Policy Eviction for cause is permissible only as a last resort and must conform to state and local law. If a person is evicted for cause on or after the effective date of an issued notice of displacement, displaced persons retain the right to the relocation payments and other assistance for which they may be eligible. d. Grievance Procedures The Agency may adopt grievance procedures to implement the provisions of the State law and Article 5 of the State Guidelines. The purpose of the grievance procedures is to provide Agency requirements for processing appeals from Agency determinations as to the eligibility for, and the amount of a relocation payment, and for processing appeals from persons aggrieved by the Agency's failure to refer them to comparable permanent or adequate temporary replacement housing. Potential displaced persons will be informed by the Agency of their right to appeal regarding relocation payment claims or other decisions made affecting their relocation. e. Relocation Appeals Board Any person who disagrees with a determination regarding eligibility for, or amount of, a relocation payment, may have his /her claim received and reconsidered. Should it be found that relocation activities are necessary, the Relocation Appeals Board will, after a public hearing, transmit its findings and recommendations to the Agency. Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Inc. Page 8 Agenda Item No. 5 Page 64 of 134 IX. [SECTION 900] CONSISTENCY WITH STATE RELOCATION LAW AND GUIDELINES This Method or Plan for Relocation is intended to be consistent with the California State Relocation Law and the California State Relocation Guidelines. In the event of a conflict or inconsistency between this Method or Plan for Relocation and the California State Relocation Law and /or the California State Relocation Guidelines, the California State Relocation Law and the California State Relocation Guidelines shall control. This Method or Plan for Relocation shall be deemed automatically amended to conform to any the California State Relocation Law and the California State Relocation Guidelines as may be amended from time to time. Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Inc. Page 9 Agenda Item No. 5 Page 65 of 134 ATTACHMENT 4 Agenda Item No. 5 Page 66 of 134 RESOLUTION NO. 2009- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE ADOPTING REVISED OWNER PARTICIPATION RULES 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 (the "Original Plans "); and WHEREAS, the Original Plan for Project Area No. I was amended by Ordinance No. 624 on July 20, 1981, Ordinance No. 987 on November 22, 1994 and Ordinance No. 1249 on February 26, 2008; the Original Plan for Project Area No. II was amended by Ordinance 671 on July 18, 1983, by Ordinance No. 987 on November 8, 1994, and by Ordinance No. 1249 on February 26, 2008; the Original Plan for Project Area No. III was amended by Ordinance No. 987 on November 8, 1994, and by Ordinance No. 1249 on February 26, 2008, collectively the "Amendments'; and WHEREAS, CRL Section 33345 provides that a redevelopment agency shall adopt and make available for public inspection within a reasonable time before approving the redevelopment plan, rules to implement the operation of owner participation in connection with a redevelopment plan; and WHEREAS, CRL Section 33339.5 provides that the Agency shall adopt and make available for public inspection rules regarding the extension of reasonable preferences to persons who are engaged in business in the Project Areas to re -enter in business within the redeveloped area, if they otherwise meet the requirements prescribed by the redevelopment plan; and WHEREAS, pursuant to CRL Sections 33345 and 33339.5, the Agency prepared and adopted rules implementing the provisions of CRL Sections 33345 and 33339.5 as applicable to the Project Areas (the "Owner Participation Rules ") in connection with the Agency's adoption of the Original Plans and the Amendments; and WHEREAS, that in connection with the proposed amended and restated redevelopment plans processed concurrently herewith, the Agency desires to update the Owner Participation Rules in substantially the form attached to this resolution (the "Revised Owner Participation Rules "); and Agenda Item No. 5 Page 67 of 134 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OFTHE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Redevelopment Agency of the City of Lake Elsinore hereby approves and adopts the attached "Revised Rules Governing Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants" in the Rancho Laguna Redevelopment Project Areas No. I, II and III, attached hereto as Exhibit "A" and incorporated herein by reference, as the Revised Owner Participation Rules for the Project Areas. The Revised Owner Participation Rules attached hereto as Exhibit "A" shall be binding and shall supersede and replace any and all other versions of any Owner Participation Rules prepared and /or adopted by the Agency in their entirety. The Revised Owner Participation Rules shall be available for public inspection as of this date. SECTION 2. The Executive Director of the Agency is hereby authorized and directed to make the Owner Participation Rules available at the offices of the City Hall for inspection by all interested persons and to publish a notice of the availability thereof in the newspaper of record. SECTION 3. This Resolution shall take effect from and after its date of adoption. PASSED, APPROVED, AND ADOPTED this 24 day of March, 2009. THOMAS BUCKLEY, CHAIRMAN ATTEST: DEBORA THOMSEN, AGENCY SECRETARY, APPROVED AS TO FORM: BARBARA LEIBOLD, AGENCY COUNSEL Agenda Item No. 5 Page 68 of 134 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. was adopted by the Redevelopment Agency Board of the Redevelopment Agency of the City of Lake Elsinore at a regular meeting held on the 24 day of March 2009, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: DEBORA THOMSEN, AGENCY SECRETARY Agenda Item No. 5 Page 69 of 134 EXHIBIT "A" Revised Rules Governing Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants in the Rancho Laguna Redevelopment Project Areas No. I, II and III [Attached] Agenda Item No. 5 Page 70 of 134 REVISED RULES GOVERNING PARTICIPATION BY PROPERTY OWNERS AND THE EXTENSION OF REASONABLE PREFERENCES TO BUSINESS OCCUPANTS IN THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II and III Adopted by: Redevelopment Agency of the City of Lake Elsinore March 24, 2009 Resolution No. 2009 Agenda Item No. 5 Page 71 of 134 i TABLE OF CONTENTS I. [SECTION 1001 PURPOSE AND INTENT .......................... II. [SECTION 200] DEFINITIONS .................... PAGE ...1 1 III. [SECTION 3001 OPPORTUNITIES FOR OWNER PARTICIPATION AND PREFERENCES TO BUSINESS OCCUPANTS TO RE -ENTER IN BUSINESS WITHIN REDEVELOPED AREA ......... 2 A. [SECTION 301] OPPORTUNITIES FOR OWNER PARTICIPATION ............................ ..............................2 B. [SECTION 302] PREFERENCES FOR PERSONS ENGAGED IN BUSINESS IN THE PROJECT AREAS ........ 2 IV. [SECTION 400] METHODS OF PARTICIPATION, AND LIMITATIONS THEREON ......................2 A. [SECTION 401] METHODS OF PARTICIPATION ................................................... ..............................2 B. [SECTION 402] LIMITATIONS ON PARTICIPATION OPPORTUNITIES ...................... ..............................2 C. [SECTION 4031 CONFLICTS BETWEEN POTENTIAL PARTICIPANTS ...................... ..............................3 V. [SECTION 5001 CONFORMING OWNERS ....................................................... ..............................3 VI. [SECTION 600] METHODS FOR EXTENDING REENTRY PREFERENCES, AND LIMITATIONS THEREON........................................................................................................... ..............................4 A. [SECTION 601] METHODS FOR EXTENDING REENTRY PREFERENCES ................ ..............................4 B. [SECTION 602] LIMITATIONS ON THE EXTENSION OF PREFERENCES .................. ..............................4 C. [SECTION 603] CONFLICTS BETWEEN BUSINESS OCCUPANTS SEEKING SIMILAR PREFERENCES ....... 4 VII. [SECTION 700] PARTICIPATION PROCEDURES ........................................... ..............................5 A. [SECTION 701] NOTICE AND STATEMENT OF INTEREST ..................................... ..............................5 B. [SECTION 7021 PARTICIPATION AGREEMENTS .................................................. ..............................5 1 . [Section 703J General ................................................................................. ..............................5 2. [Section 704J Contents ................................................................................ ..............................5 3. [Section 705J Approval of Agreements ....................................................... ..............................6 VIII. [SECTION 800] ENFORCEMENT ...................................................................... ..............................6 IX. [SECTION 9001 AMENDMENT OF RULES "Statement of Interest in Participating" Form .................. Rules Governing Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore .......................6 7 Keyser Marston Associates, Inc. Page Agenda Item No. 5 Page 72 of 134 RULES GOVERNING PARTICIPATION BY PROPERTY OWNERS AND THE EXTENSION OF REASONABLE PREFERENCES TO BUSINESS OCCUPANTS IN THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II and III [SECTION 100] PURPOSE AND INTENT These Rules are adopted by the Redevelopment Agency of the City of Lake Elsinore ( "Agency') to implement the provisions of the Amended and Restated Redevelopment Plans for the Rancho Laguna Redevelopment Project Areas No. I, II and III ( "Projects" or "Project Areas ") regarding participation by property owners and the extension of reasonable preferences to business occupants within the Project Areas. These Rules set forth the procedures governing such preferences and participation. The California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; "CRL ") requires the adoption of these Rules by the Agency to provide for participation in the redevelopment of the Project Areas by owners of real property and the extension of preferences to persons engaged in business within the boundaries of the Project Areas to reenter the redeveloped area to the maximum extent feasible consistent with the objectives of the Amended and Restated Redevelopment Plans for the Projects. Although the Agency encourages participation in the redevelopment of the Project Areas by as many interested property owners as possible, a property owner's decision to participate in the Projects is voluntary. These Rules do not require property owners to participate in the redevelopment activities. If a property owner does elect to participate, however, the property owner must comply as a Participant with these Rules. IL [SECTION 200] DEFINITIONS As used herein, the following definitions apply: (1) "Business Occupant" means any person, persons, corporation, association, partnership, or other entity engaged in a lawful business within the Project Areas for so long as such Business Occupant remains in business within the Project Areas. (2) "Agency' means the Redevelopment Agency of the City of Lake Elsinore (3) "Long -Term Lease" means a lease of real property with a term of twenty (20) years or more, with at least five (5) years remaining on such term. (4) "Owner" means any person, persons, corporation, association, partnership, or other entity holding fee title to or a long -term lease of real property in the Project Areas for so long as such Owner holds such title or long -term lease. (5). "Participanf' means an Owner who has entered into a Participation Agreement with the Agency. (6) "Participation Agreemenf' means an agreement entered into by an Owner with the Agency providing for such Owner to participate in the redevelopment of property within the Project Areas in accordance with the provisions of the Amended and Restated Redevelopment Plans and these Rules. (7) "Project Areas" means the areas described in the Rancho Laguna Redevelopment Project Areas No. I, II and III Legal Descriptions (Attachment No. 1 to the Amended and Restated Redevelopment Plans) and shown on the Project Area Maps (Attachment No. 2 to the Amended and Restated Redevelopment Plans). Rules Governing Participation by Property Owners and Keyser Marston Associates, Inc. the Extension of Reasonable Preferences to Business Occupants Page 1 in the Rancho Laguna Redevelopment Project Areas No. I, II and III Agenda Item No. 5 for the Redevelopment Agency of the City of Lake Elsinore g Page 73 of 134 (8) "Amended and Restated Redevelopment Plans" means the Amended and Restated Redevelopment Plans prepared for the Rancho Laguna Redevelopment Project Areas No. I, II and 111. III. [SECTION 3001 OPPORTUNITIES FOR OWNER PARTICIPATION AND PREFERENCES TO BUSINESS OCCUPANTS TO RE -ENTER IN BUSINESS WITHIN REDEVELOPED AREAS A. [Section 301] Opportunities for Owner Participation Owners of real property within the Project Areas shall be extended reasonable opportunities to participate in the redevelopment of property in the Project Areas if such Owners agree to participate in the redevelopment in conformity with the Amended and Restated Redevelopment Plans and these Rules. B. [Section 302] Preferences for Persons Engaged in Business in the Project Areas 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 Redevelopment Plans and these Rules. IV. [SECTION 4001 METHODS OF PARTICIPATION, AND LIMITATIONS THEREON A. [Section 401] Methods of Participation Participation methods include remaining in substantially the same location either by retaining all or portions of the property, or by retaining all or portions of the property and purchasing adjacent property from the Agency, or joining with another person or entity for the rehabilitation or development of the Owner's property and, if appropriate, other property, or submitting to the Agency for its consideration another method of participation proposal pursuant to these Rules. An Owner who participates in the same location may be required to rehabilitate or demolish all or part of his /her existing buildings, or the Agency may acquire the buildings only and then remove or demolish the buildings. Participation methods also include the Agency buying land and improvements at fair market value from Owners and offering other parcels for purchase and rehabilitation or development by such Owners, or offering an opportunity for such Owners to rehabilitate or develop property jointly with other persons or entities. B. [Section 402] Limitations on Participation Opportunities Participation opportunities shall necessarily be subject to and limited by factors such as the following: (1) The elimination and changing of some land uses; (2) The construction, realignment, abandonment, widening, opening and /or other alteration or elimination of public rights -of -way; (3) The removal, relocation, and /or installation of public utilities and public facilities; (4) The ability of potential Participants to finance the proposed acquisition, development or rehabilitation in accordance with the Amended and Restated Redevelopment Plans; Rules Governing Participation by Property Owners and Keyser Marston Associates, Inc. the Extension of Reasonable Preferences to Business Occupants Page 2 in the Rancho Laguna Redevelopment Project Areas No. I, If and III 5 Agenda Item No. for the Redevelopment Agency of the City of Lake Elsinore g Page 74 of 1 5 (5) The ability and experience of potential Participants to undertake and complete the proposed rehabilitation or development; (6) Any reduction in the total number of individual parcels in the Project Areas; (7) The construction or expansion of public improvements and facilities, and the necessity to assemble areas for such; (8) Any change in orientation and character of the Project Areas; (9) The necessity to assemble areas for public and /or private development; (10) The requirements of the Amended and Restated Redevelopment Plans and applicable rules, regulations, and ordinances of the City of Lake Elsinore; (11) Any design guide adopted by the Agency pursuant to the Amended and Restated Redevelopment Plans; and (12) The feasigility of the potential Participant's proposal. C. [Section 403] Conflicts Between Potential Participants If conflicts develop between the desires of potential Participants for particular sites or land uses, the Agency is, subject to the limitation factors above, authorized to establish reasonable priorities and preferences among the potential Participants and to determine a solution by consideration of such factors as: (1) A Participant's length of occupancy in the Project Areas; (2) Accommodation of as many potential Participants as possible; (3) Ability to perform; (4) Similar land use to similar land use; and (5) Conformity with intent and purpose of the Amended and Restated Redevelopment Plans and these Rules. Participation to the extent feasible shall be available for two or more persons, firms or institutions to join together in partnerships, corporations, or other joint entities. V. [SECTION 500] CONFORMING OWNERS The Agency may, in its sole and absolute discretion, determine that certain real properties within the Project Areas presently meet the requirements of the Amended and Restated Redevelopment Plans, and the Owners of such property will be permitted to remain as conforming Owners without an Owner Participation Agreement with the Agency, provided such Owners continue to operate, use and maintain the real property within the requirements of the Amended and Restated Redevelopment Plans. In the event that any of the conforming Owners desire to (1) construct any additional improvements or substantially alter or modify existing structures on any of the real property described above as conforming, or (2) acquire additional property within the Project Areas, then, in such event such conforming Owners may be required by the Agency to enter into an Owner Participation Agreement with the Agency. Rules Governing Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore Marston Associates, Inc. Page 3 Agenda Item No. 5 Page 75 of 134 VI. [SECTION 600] METHODS FOR EXTENDING REENTRY PREFERENCES, AND LIMITATIONS THEREON A. [Section 601] Methods for Extending Reentry Preferences Whenever a Business Occupant will be displaced by Agency action from the Project Areas, if any, the Agency will, prior to such displacement, determine: 1) whether such Business Occupant desires to relocate directly to another location within the Project Areas, or 2) if suitable relocation accommodations within the Project Areas are not available prior to displacement, whether such Business Occupant would desire to re -enter in business within the Project Areas at a later date should suitable accommodations become available. For those Business Occupants who desire to relocate directly to another Project Areas location, the Agency will make reasonable efforts to assist such Business Occupants to find accommodations at locations and rents suitable to their needs. A record of the Business Occupants who cannot be or do not want to be directly relocated within the Project Areas, but who have stated that they desire to re -enter into business in the Project Areas whenever suitable locations and rents are available, will be maintained by the Agency. The Agency will make reasonable efforts to assist such Business Occupants to find re -entry accommodations at locations and rents suitable to their needs. In order to implement the operation of this Section 601, the Agency will provide in all Participation Agreements, disposition and development agreements, and other agreements, as applicable, that in the renting or leasing of premises rehabilitated or developed pursuant to such agreements, the Participant or developer will give reasonable preferences (over other potential tenants or lessees) to Business Occupants who will be or who have been displaced from their places of business to lease or rent premises within the newly rehabilitated or developed facilities. B. [Section 602] Limitations on the Extension of Preferences Re -entry preferences shall necessarily be subject to and limited by factors such as the following: (1) The extent to which suitable relocation or re -entry accommodations exist or are rehabilitated or developed within the Project Areas; (2) The extent to which suitable relocation or re -entry accommodations are available to displaced Business Occupants within an acceptable time period or at rents and other terms that are acceptable to such displaced Business Occupants, and within their financial means; and (3) The requirements of the Amended and Restated Redevelopment Plans or any design guide adopted by the Agency pursuant to the Amended and Restated Redevelopment Plans. C. [Section 603] Conflicts Between Business Occupants Seeking Similar Preferences If conflicts develop between Business Occupants who seek similar preferences (e.g., two or more occupants who desire to relocate directly to or to re -enter in business at the same premises), the Agency is, subject to the limitation factors above, authorized to establish reasonable priorities and preferences among such occupants and to determine a solution by consideration of such factors as: (1) Length of time in the Project Areas; (2) Accommodation of as many Business Occupants as possible; Rules Governing Participation by Property Owners and Keyser Marston Associates, Inc. the Extension of Reasonable Preferences to Business Occupants Page 4 in the Rancho Laguna Redevelopment Project Areas No. I, II and III Agenda Item No. 5 for the Redevelopment Agency of the City of Lake Elsinore g Page 76 of 134 (3) Appropriateness of the type of business within the proposed premises and /or at the proposed location; (4) The feasibility of business success; and (5) Conformity with the intent and purpose of the Amended and Restated Redevelopment Plans and these Rules. VII. [SECTION 700] PARTICIPATION PROCEDURES A. [Section 701] Notice and Statement of Interest Before entering into any Participation Agreements, disposition and development agreements, exclusive negotiation agreements, or taking other actions which may involve the acquisition of real property in the Project Areas, the Agency shall first notify Owners of property which may be acquired and call upon them to submit Statements of Interest in Participating in the proposed development or in otherwise participating in the redevelopment of the Project Areas. The Agency shall deliver to each Owner of real property, which may be acquired, a Statement of Interest in Participating form at least forty-five (45) days prior to considering any of the actions requiring acquisition of real property. Those desiring to submit Statements of Interest in Participating must complete and submit such statements to the Agency within thirty (30) days of receipt. Such statements shall include information requested by the Agency and shall be in the form requested by the Agency. Any Owner may also submit such a statement at any time before such notification. The Agency shall consider such statements as are submitted on time and shall seek to develop reasonable participation for those submitting such statements whether to stay in place or to move to another location. The Agency may in its sole discretion determine that a participation proposal is not feasible or in the best interest of the Project or the community, or is otherwise limited by one or more of the criteria set forth in Section 402 hereof. In such event, the Agency may select a developer from among prospective participants submitting Statements of Interest in Participating and others invited to submit proposals. The Agency also has the option to select none of the proposals, and, if deemed desirable, to solicit new participation or development proposals. B. [Section 702] Participation Agreements [Section 703] General Public and private Owners wishing to develop or improve their properties within the Project Areas may be required, as a condition to Agency approval of such development, to enter into a binding, written Participation Agreement with the Agency if the Agency determines it is necessary to impose upon such property any of the standards, restrictions and controls of the Amended and Restated Redevelopment Plans or of any design guide adopted by the Agency pursuant to the Amended and Restated Redevelopment Plans. 2. [Section 704] Contents A Participation Agreement shall obligate the Owner, and the Owner's heirs, successors and assignees to acquire, rehabilitate, develop and use the property, as may be applicable, in conformance with the Amended and Restated Redevelopment Plans and /or to be subject to such other provisions and conditions of the Amended and Restated Redevelopment Plans as the Agency may require for the period of time that the Amended and Restated Redevelopment Plans is in force and effect, excepting those provisions related to non - discrimination and non - segregation which shall run in perpetuity. Rules Governing Participation by Property Owners and Keyser Marston Associates, Inc. the Extension of Reasonable Preferences to Business Occupants Page 5 in the Rancho Laguna Redevelopment Project Areas No. I, II and III Agenda Item No. 5 for the Redevelopment Agency of the City of Lake Elsinore g Page 77 of 134 Each Participation Agreement will contain such terms and conditions and will require the potential Participant to join in the recordation of such documents as the Agency may require in order to insure the property will be acquired, rehabilitated, developed and used in accord with the Amended and Restated Redevelopment Plans and the agreement. 3. [Section 705] Approval of Agreements All Participation Agreements must be approved by the Agency Board before they are effective. Participation Agreements will be effective only if approved by a majority vote of the members of the Agency. VIII. [SECTION 800] ENFORCEMENT In the event a property is not acquired, developed, rehabilitated, or used in conformance with the Amended and Restated Redevelopment Plans, with an Agency determination of conformance, or a Participation Agreement, then the Agency is authorized to take any appropriate action sufficient to obtain such conformance. IX. [SECTION 900] AMENDMENT OF RULES The Agency may amend these Rules at any regular meeting or duly called special meeting held after their adoption, but only after notice to the Agency members and the public. The text of the proposed change shall be furnished along with the notice of the meeting. Such notice shall be delivered at least fourteen (14) days before the date of the meeting at which the proposed amendment will be considered. The method of notice is at the discretion of the Agency. No such amendment shall retroactively impair the rights of any parties who have executed Participation Agreements with the Agency in reliance upon these Rules as presently constituted. Rules Governing Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Inc. Page 6 Agenda Item No. 5 Page 78 of 134 REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE STATEMENT OF INTEREST IN PARTICIPATING I hereby express my interest in participating in the Rancho Laguna Redevelopment Project Area No. I, II or III (circle one) and submit the following information: Daytime 1. Name: Telephone: 2. Home Address: 3. My present involvement in the Project Areas is: (check a or b) a) _ I now own property in the Project: b) _ I now lease property in the Project: Explain: (use additional sheets if necessary) 4. Address of Business: 5. Name of Business(es) located on my property, if any; 6. 1 _ own _ do not own business(es) located on my property (check one) 7. If you do not own the business(es) located on your property, please list the name(s), address(s) and telephone number(s) of the owner(s) on a separate sheet 8. If I participate: (check a, b or c) a) _ I would like to continue at the same location b) _ I would like to change my present location c) _ I would like to acquire real property for expansion (indicate approximate requirements; use additional sheets if necessary) REMARKS: (use additional sheets if necessary) I understand that submission of this Statement of Interest in Participating form does not obligate me to participate in the Rancho Laguna Redevelopment Project Area. Signed: Date: Rules Governing Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants in the Rancho Laguna Redevelopment Project Areas No. I, II and III for the Redevelopment Agency of the City of Lake Elsinore Keyser Marston Associates, Inc. Page 7 Agenda Item No. 5 Page 79 of 134 ATTACHMENT Agenda Item No. 5 Page 80 of 134 RESOLUTION NO. 2009- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THE AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, NO. II AND 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 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. 111); 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 each Project Area No. I, No. II and No. III (collectively, the "Amended and Restated Redevelopment Plans "); and WHEREAS, the Agency has caused to be prepared a Report to the City Council on the proposed Amended and Restated Redevelopment 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. 5 Page 81 of 134 NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The proposed Amendments, including all related documents, correspondence and transmittals, copies of which are on file in the office of the City Clerk, is hereby approved. SECTION 2. The Redevelopment Agency of the City of Lake Elsinore hereby recommends approval and adoption of the proposed Amendments by the City Council of the City of Lake Elsinore. PASSED, APPROVED, AND ADOPTED this 24 day of March, 2009. THOMAS BUCKLEY, CHAIRMAN ATTEST: DEBORA THOMSEN, AGENCY SECRETARY APPROVED AS TO FORM: BARBARA LEIBOLD, AGENCY COUNSEL Agenda Item No. 5 Page 82 of 134 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. was adopted by the Redevelopment Agency Board of the Redevelopment Agency of the City of Lake Elsinore at a regular meeting held on the 24 day of March 2009, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: DEBORA THOMSEN, AGENCY SECRETARY, Agenda Item No. 5 Page 83 of 134 ATTACHMENT Agenda Item No. 5 Page 84 of 134 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING THE INITIAL STUDY AND NEGATIVE DECLARATION PREPARED FOR THE PROPOSED AMENDED AND RESTATED REDEVELOPMENT PLANS FOR RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. 1, 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. 11 ( "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. 11 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, the Amended and Restated Plans involve discretionary actions, which are subject to the requirements of the California Environmental Quality Act, Public Resources Code §21000 et seq. ( " CEQA "), and the Guidelines for Implementation of the CEQA (Title 14, California Code of Regulations §§ 15000 etseq.: "CEQA Guidelines "); and WHEREAS, pursuant to CEQA Guidelines Section 15063, an initial study ( "Initial Study ") was prepared to determine whether the Amended and Restated Plans will have a significant effect on the environment; and Agenda Item No. 5 Page 85 of 134 WHEREAS, based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines, Section 15070, it was determined appropriate to prepare and circulate Negative Declaration 2008 -02 (the "Negative Declaration ") for consideration by the Agency and the City Council in connection with their consideration of the Amended and Restated Plans; and WHEREAS, all actions required to be taken by applicable law related to the preparation, circulation and review of the draft Initial Study /Negative Declaration have been taken; and WHEREAS, pursuant to CEQA Guidelines, Section 15072, on December 12, 2008, the Agency duly issued a notice of intent to adopt the Negative Declaration; and WHEREAS, the Agency received comments from the Riverside County Flood Control and Water Conservation District, the Morongo Band of Mission Indians, and the Pala Band of Mission Indians; and WHEREAS, public notice of the joint public hearing on the Amended and Restated Plans and the Negative Declaration have been given, and the City Council has considered evidence presented by the Planning Commission, Agency staff, and other interested parties with respect to this item on March 24, 2009. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council, acting as a Responsible Agency, has reviewed and considered the Initial Study and Negative Declaration prepared by the Agency, together with any public comments received during the public review process. The City Council hereby finds, on the basis of the whole record before it, that the Negative Declaration is adequate and complete, and that there is no substantial evidence that the proposed Amended and Restated Plans will not have a significant effect on the environment. SECTION 2. The Initial Study and Negative Declaration, in the form distributed to the City Council and on file with the City Clerk as a public record, is hereby approved and adopted by the City Council. The record of proceedings of the Agency and the City Council on which this Resolution is based are on file and available for public inspection during normal business hours in the office of the City Clerk, 130 South Main Street, Lake Elsinore, California. The custodian of these documents is the City Clerk of the City of Lake Elsinore. SECTION 3. Following the adoption by the City Council of the ordinances approving and adopting the Amendments, the City Clerk of the City of Lake Elsinore is hereby authorized and directed to file with the County Clerk of the County of Riverside, a Notice of Determination pursuant to CEQA Guidelines Section 15096(i). SECTION 4. The City Council further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the Agenda Item No. 5 Page 86 of 134 Negative Declaration are present and that it would be appropriate to adopt the Negative Declaration as proposed. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this 24 day of March 2009. ROBERT MAGEE, MAYOR ATTEST: DEBORA THOMSEN, CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD, CITY ATTORNEY 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. was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 24 day of March 2009, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: DEBORA THOMSEN, CITY CLERK Agenda Item No. 5 Page 87 of 134 ATTACHMENT Agenda Item No. 5 Page 88 of 134 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 FOURTH AMENDMENT TO 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 Redevelopment 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 Redevelopment Plan and recommended the approval and adoption of the Fourth Amendment, together with its certification that the Fourth Amendment conforms to the General Plan: and WHEREAS, the City Council has received from the Agency the proposed Amended and Restated Redevelopment Plan, a copy of which is on file at the office of the City Clerk, 130 South Main Street, Lake Elsinore, California, together with the Agenda Item No. 5 Page 89 of 134 Agency's Report to the City Council, including a description and reasons for the Fourth Amendment; 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 Fourth Amendment 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 Fourth Amendment because the proposed Fourth Amendment 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 Fourth Amendment; 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 Fourth Amendment, 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 Fourth Amendment 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. 5 Page 90 of 134 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The purpose and intent of the City Council with respect to the Fourth Amendment is 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. 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 Fourth Amendment held on March 24, 2009, the City Council hereby makes the following findings and determinations as warranted by the Fourth Amendment: a) The Fourth Amendment 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 Fourth Amendment will update the provision of the Redevelopment Plan to reflect current CRL provisions. Also, the Fourth Amendment will provide for the ongoing consistency of permitted land uses between the Amended and Restated Redevelopment 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 Redevelopment Plan and allow for the future development and redevelopment of the Project Area in accordance with the General Plan. In addition, the Fourth Amendment 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 Fourth Amendment is economically sound and feasible. This finding is based on the fact that under the Amended and Restated Redevelopment Plan, including the clarifications effectuated by the Fourth Amendment, 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 Redevelopment 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 Fourth Amendment do not alter the financing plan previously prepared and Agenda Item No. 5 Page 91 of 134 included within the Agency's Reports to the City Council prepared for the Redevelopment Plan or the Amended and Restated Redevelopment Plan. c) The Fourth Amendment 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 Fourth Amendment conforms to the General Plan as set forth in its Resolution No. 2008 -106. d) The carrying out of the Fourth Amendment 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 Fourth Amendment will provide for the ongoing consistency of permitted land uses between the Amended and Restated Redevelopment 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 administration of 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 Redevelopment 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 Fourth Amendment 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 Fourth Amendment to 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. 5 Page 92 of 134 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 Fourth Amendment. Having considered all evidence and testimony presented for or against any aspect of the Fourth Amendment, the City Council hereby overrules all written and oral objections to the Fourth Amendment. SECTION 5. The Agency and the City Council have reviewed and considered the Initial Study /Negative Declaration on the Amended and Restated Redevelopment 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 Redevelopment 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 Redevelopment 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 Fourth Amendment 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 Redevelopment 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 Redevelopment Plan. Agenda Item No. 5 Page 93 of 134 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 Redevelopment 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 Fourth Amendment as incorporated in the Amended and Restated Redevelopment 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. SECTION 12. If any part of this Ordinance or the Fourth Amendment which 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 Fourth Amendment, and this City Council hereby declares that it would have passed the remainder of the Ordinance, or approved the remainder of the Fourth Amendment, 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 24 day of March 2009. ROBERT MAGEE, MAYOR ATTEST: DEBORA THOMSEN, CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD, CITY ATTORNEY Agenda Item No. 5 Page 94 of 134 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 24 day of March 2009, and was passed by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN, CITY CLERK Agenda Item No. 5 Page 95 of 134 ATTACHMENTS Agenda Item No. 5 Page 96 of 134 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 THIRD AMENDMENT TO 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. II "); 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 Redevelopment 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 Redevelopment Plan and recommended the approval and adoption of the Third Amendment, together with its certification that the Third Amendment conforms to the General Plan; and WHEREAS, the City Council has received from the Agency the proposed Amended and Restated Redevelopment Plan, a copy of which is on file at the office of the City Clerk, 130 South Main Street, Lake Elsinore, California, together with the Agenda Item No. 5 Page 97 of 134 Agency's Report to the City Council, including a description and reasons for the Third Amendment; 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 Amendment 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 Third Amendment because the proposed Third Amendment 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 Third Amendment; 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 Third Amendment, 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 Third Amendment 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. 5 Page 98 of 134 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The purpose and intent of the City Council with respect to the Third Amendment is 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. 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 Third Amendment held on March 24, 2009, the City Council hereby makes the following findings and determinations as warranted by the Third Amendment: a) The Third Amendment 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 Third Amendment will update the provision of the Redevelopment Plan to reflect current CRL provisions. Also, the Third Amendment will provide for the ongoing consistency of permitted land uses between the Amended and Restated Redevelopment 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 Redevelopment Plan and allow for the future development and redevelopment of the Project Area in accordance with the General Plan. In addition, the Third Amendment 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 Third Amendment is economically sound and feasible. This finding is based on the fact that under the Amended and Restated Redevelopment Plan, including the clarifications effectuated by the Third Amendment, 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 Redevelopment 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 Third Amendment do not alter the financing plan previously prepared and Agenda Item No. 5 Page 99 of 134 included within the Agency's Reports to the City Council prepared for the Redevelopment Plan or the Amended and Restated Redevelopment Plan. c) The Third Amendment 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 Third Amendment conforms to the General Plan as set forth in its Resolution No. 2008 -106. d) The carrying out of the Third Amendment 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 Third Amendment will provide for the ongoing consistency of permitted land uses between the Amended and Restated Redevelopment 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 administration of 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 Redevelopment 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 Third Amendment 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 Third Amendment to 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. 5 Page 100 of 134 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 Third Amendment. Having considered all evidence and testimony presented for or against any aspect of the Third Amendment, the City Council hereby overrules all written and oral objections to the Third Amendment. SECTION 5. The Agency and the City Council have reviewed and considered the Initial Study /Negative Declaration on the Amended and Restated Redevelopment 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 Redevelopment 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 Redevelopment 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 Third Amendment 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 Redevelopment 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 Redevelopment Plan. Agenda Item No. 5 Page 101 of 134 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 Redevelopment 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 Third Amendment as incorporated in the Amended and Restated Redevelopment 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. SECTION 12. If any part of this Ordinance or the Third Amendment which 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 Third Amendment, and this City Council hereby declares that it would have passed the remainder of the Ordinance, or approved the remainder of the Third Amendment, 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 24 day of March 2009. ROBERT MAGEE, MAYOR ATTEST: DEBORA THOMSEN, CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD, CITY ATTORNEY Agenda Item No. 5 Page 102 of 134 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 24 day of March 2009, and was passed by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN, CITY CLERK Agenda Item No. 5 Page 103 of 134 ATTACHMENT Agenda Item No. 5 Page 104 of 134 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 THIRD AMENDMENT TO 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. III "); 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 Redevelopment 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 Redevelopment Plan and recommended the approval and adoption of the Third Amendment, together with its certification that the Third Amendment conforms to the General Plan; and WHEREAS, the City Council has received from the Agency the proposed Amended and Restated Redevelopment Plan, a copy of which is on file at the office of the City Clerk, 130 South Main Street, Lake Elsinore, California, together with the Agenda Item No. 5 Page 105 of 134 Agency's Report to the City Council, including a description and reasons for the Third Amendment; 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 Third Amendment 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 Third Amendment because the proposed Third Amendment 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 Third Amendment; 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 Third Amendment, 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 Third Amendment 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. 5 Page 106 of 134 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The purpose and intent of the City Council with respect to the Third Amendment is 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. 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 Third Amendment held on March 24, 2009, the City Council hereby makes the following findings and determinations as warranted by the Third Amendment: a) The Third Amendment 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 Third Amendment will update the provision of the Redevelopment Plan to reflect current CRL provisions. Also, the Third Amendment will provide for the ongoing consistency of permitted land uses between the Amended and Restated Redevelopment 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 Redevelopment Plan and allow for the future development and redevelopment of the Project Area in accordance with the General Plan. In addition, the Third Amendment 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 Third Amendment is economically sound and feasible. This finding is based on the fact that under the Amended and Restated Redevelopment Plan, including the clarifications effectuated by the Third Amendment, 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 Redevelopment 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 Third Amendment do not alter the financing plan previously prepared and Agenda Item No. 5 Page 107 of 134 included within the Agency's Reports to the City Council prepared for the Redevelopment Plan or the Amended and Restated Redevelopment Plan. c) The Third Amendment 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 Third Amendment conforms to the General Plan as set forth in its Resolution No. 2008 -106. d) The carrying out of the Third Amendment 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 Third Amendment will provide for the ongoing consistency of permitted land uses between the Amended and Restated Redevelopment 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 administration of 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 Redevelopment 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 Third Amendment 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 Third Amendment to 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. 5 Page 108 of 134 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 Third Amendment. Having considered all evidence and testimony presented for or against any aspect of the Third Amendment, the City Council hereby overrules all written and oral objections to the Third Amendment. SECTION 5. The Agency and the City Council have reviewed and considered the Initial Study /Negative Declaration on the Amended and Restated Redevelopment 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 Redevelopment 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 Redevelopment 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 Third Amendment 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 Redevelopment 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 Redevelopment Plan, Agenda Item No. 5 Page 109 of 134 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 Redevelopment 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 Third Amendment as incorporated in the Amended and Restated Redevelopment 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. SECTION 12. If any part of this Ordinance or the Third Amendment which 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 Third Amendment, and this City Council hereby declares that it would have passed the remainder of the Ordinance, or approved the remainder of the Third Amendment, 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 24 day of March, 2009. ROBERT MAGEE, MAYOR ATTEST: DEBORA THOMSEN, CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD, CITY ATTORNEY Agenda Item No. 5 Page 110 of 134 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 24 day of March 2009, and was passed by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN, CITY CLERK Agenda Item No. 5 Page 111 of 134 ATTACHMENT 10 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. [This document was distributed separately and is available for review as a public record in the City Clerk/Agency Secretary's office located at 130 S. Main Street, Lake Elsinore, CA 92530 and is available on the City's website at www.lake-elsinore.org. Agenda Item No. 5 Page 112 of 134 ATTACHMENT 11 Amended and Restated Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. I. [This document was distributed separately and is available for review as a public record in the City Clerk/Agency Secretary's office located at 130 S. Main Street, Lake Elsinore, CA 92530 and is available on the City's website at www.lake-elsinore.org.] Agenda Item No. 5 Page 113 of 134 ATTACHMENT 12 Amended and Restated Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. II. [This document was distributed separately and is available for review as a public record in the City Clerk/Agency Secretary's office located at 130 S. Main Street, Lake Elsinore, CA 92530 and is available on the City's website at www.lake-elsinore.org.] Agenda Item No. 5 Page 114 of 134 ATTACHMENT 13 Amended and Restated Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. III. [This document was distributed separately and is available for review as a public record in the City Clerk/Agency Secretary's office located at 130 S. Main Street, Lake Elsinore, CA 92530 and is available on the City's website at www.lake- elsinore.org.] Agenda Item No. 5 Page 115 of 134 ATTACHMENT 14 Agenda Item No. 5 Page 116 of 134 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AND THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE ON THE PROPOSED AMENDMENTS TO THE REDEVELOPMENT PLANS FOR RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II AND III AND THE NEGATIVE DECLARATION PREPARED FOR THE PROPOSED AMENDMENTS AND THE PROPOSED AMENDED AND RESTATED REDEVELOPMENT AND HOUSING IMPLEMENTATION PLAN 2005 -2009 NOTICE IS HEREBY GIVEN that a joint public hearing will be held before the City Council of the City of Lake Elsinore ( "City Council') and the Redevelopment Agency of the City of Lake Elsinore ( "Agency ") to consider and act upon 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 "Amendments," to consider all evidence and testimony for or against the approval and adoption of the proposed Amendments: DATE OF HEARING: March 24, 2009 TIME OF HEARING: 7:00 p.m. or soon thereafter PLACE OF HEARING: Cultural Center 183 N. Main Street Lake Elsinore, California 92530 At any time not later than the hour set forth above for the hearing of comments on or objections to the proposed Amendments, any person may file in writing with the City Clerk of the City of Lake Elsinore a statement of objections to the proposed Amendments. At the day, hour, and place of the hearing, any and all persons having any comments on or objections to the proposed Amendments, or question the regularity of any of the prior proceedings, may appear before the City Council and the Agency and show cause why the proposed Amendments should not be adopted. The purpose of the Amendments is to amend and restate the Redevelopment Plans for each Project Area in order to consolidate and update the original Redevelopment Plans to include prior amendments, update the Redevelopment Plans to reflect current Community Redevelopment Law ( "CRL ") provisions, update the land use provisions, clarify and restate the time limits and financial limits, including the cumulative amount of tax increment the Agency may receive, and improve the format and presentation of the text and Project Area Maps. The new Amended and Restated Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. I, the Amended and Restated Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. II, and the Amended and Restated Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. III ( "Amended and Restated Redevelopment Plans ") would replace the existing Redevelopment Plans in their entirety. The proposed Amendments are technical in nature, with the purposes of improving the readability of Redevelopment Plans by clarifying ambiguities that present challenges in implementation. The Amended and Restated Plans would not add territory, change land uses or change any of the time or financial limits of the Redevelopment Plans. NOTICE IS HEREBY FURTHER GIVEN that the City Council and the Agency will, at the same time and place, hold a joint public hearing on the Negative Declaration prepared for the proposed Amendments. All evidence and testimony for or against the adoption of the Negative Declaration will be heard. At the day, hour and place of said hearing, any and all persons desiring to comment on, or having objections to, the content or adequacy of the Negative Declaration may appear before the City Council and the Agency and be heard. Agenda Item No. 5 Page 117 of 134 NOTICE IS HEREBY FURTHER GIVEN that concurrently with the joint public hearing of the City Council and the Agency on the proposed Amendments and Negative Declaration, the Agency will also hold a public hearing on the proposed Amended and Restated Redevelopment and Housing Implementation Plan 2005 -2009 ( "Amended and Restated Implementation Plan ") for the Project Areas. The proposed Amended and Restated Implementation Plan proposes technical corrections, updates the financial, census and housing inventories, and reflects current goals and activities of the Agency. At the day, hour and place of said hearing, any and all persons desiring to comment on, or having objections to, proposed Amended and Restated Implementation Plan may appear before the City Council and the Agency and be heard. NOTICE IS HEREBY FURTHER GIVEN to any person or organization who desires to present objections to the proposed Amendments, Amended and Restated Implementation Plan or the Negative Declaration, or allegations of noncompliance with the California Community Redevelopment Law (CRL; Health and Safety Code Section 33000 et seq.), the California Environmental Quality Act (CEQA; Public Resources Code Section 21000 of seq.), or other applicable laws that such person or organization may be precluded from raising such issue(s) in a subsequent legal action or proceeding challenging the Amendments, Amended and Restated Implementation Plan or the Negative Declaration unless the objections or alleged grounds for noncompliance were presented by the person or organization in writing prior to the joint public hearing, or were presented orally or in writing at the joint public hearing. The legal description of the boundaries of the original Project Area No. 1 is located in Book 1980, Page 205654, and for added area is recorded in Book 1981, Page 153429 of the Official Records of Riverside County, California. The legal description for Project Area No. II is located in Book 1983, Page 14707 and for Project Area No. III the legal description is located in Book 1987, Page 271071 of the Official Records of Riverside County California. A copy of the legal descriptions of the land within the Project Areas is available upon request, free of charge, in the City Clerk's office at 130 South Main Street, Lake Elsinore California. Interested persons may also inspect the Agency's Report to the City Council, the Draft Amended and Restated Redevelopment Plans, Amended and Restated Implementation Plan, the Initial Study, and other available documents and information pertaining to the proposed Amendments in the City Clerk's office at 130 South Main Street, Lake Elsinore, California. NOTICE IS HEREBY FURTHER GIVEN that a community information meeting regarding the proposed Amendments will also be held as follows: DATE OF MEETING: March 18, 2009 TIME OF MEETING: 7:00 p.m. PLACE OF MEETING: Cultural Center 183 N. Main Street Lake Elsinore, California 92530 Anyone having specific questions regarding the proposed Amendments may contact Steven McCarty, Redevelopment Project Manager, at (951) 674- 124 ext. 314. Date: February 18, 2009 City Clerk, City of Lake Elsinor Published: February 24, 2009, Press Enterprise March 3, 2009, Press Enterprise March 10, 2009, Press Enterprise March 17, 2009, Press Enterprise Agenda Item No. 5 Page 118 of 134 ATTACHMENT 15 Agenda Item No. 5 Page 119 of 134 THE �J _. Riversid Fourteenth St 046714 , ADVERTISING J de, CA 9250f 87 2501 3 87 8 PR ESS- ./J' oa86ao3a5 ENTERPRISE ! :- Printed by: Tnajero, Marla Ad #: 9717956 at: pm 951-684-1200 _. on Friday, Feb 20, zoos 951- 368 -9018 Fax - -- °= ' - - -� Account Information ° - Phone #:; (951) 674 -3124 Ad Copy: Name: -. LAKE ELSINORE, CITY OF NOTICE Address: f 130 5 MAIN ST LAKE EL51f encurv, Agenda Item No. 5 Page 120 of 134 person orarganiration who deslms to present objections fo the proposed Amendments, Amended and Restated Implementation Plan orihe Negative Declaration, or o4 legations of nonampilance with the California Commu. LAKE ELSINORE CA 92530 Acct #: 046714 , Client: Placed by:: JESSICA GUZMAN Fax (951) 471 -1418 Ad Information Classification: Legais Publications: Press- Enterprise Start date: 02 -24.09 Stop date:: 03.17 -09 Insertions" 4 Rate code: LE-City - - - - -- - -: Ad type:. Ad Liner Taken by Tinajero, Maria Size: -- 2x195.690 Bill size:: 392.00x 5.14 agate lines ::. Amount due: - $1,607.20 ` Agenda Item No. 5 Page 120 of 134 person orarganiration who deslms to present objections fo the proposed Amendments, Amended and Restated Implementation Plan orihe Negative Declaration, or o4 legations of nonampilance with the California Commu. I 3450 Fourteenth St. i 'THE CLASSIFIED Riverside, CA 92501-3878 -AF)VFRT1,q1NG P. rl r) C) r Printed by Tin Ma , sajero, ria 1-800-880-0345 PRESS- Ad#: 9717956 ENTERPRISE at 434 pan 951-684-1200 on Friday, Feb 20, 2009 -368790 .... .... . - 951 -1.8..Fax, , .......... 2 — Agenda Item No. 5 Page 121 of 134 Published: February 2 24,2W9, PMS5 Entemrse March 12009, 2, Pism Enteip9se Morch 10, 2009, Press EArprise Mcs:1b 17, 2009, Press Eloupree 2124 W, 10,17 ATTACHMENT 16 Agenda Item No. 5 Page 122 of 134 CERTIFICATE OF MAILING (Notice to Property Owners) 1, Mark Gilliam, employed by Affordable Mailing, whose business address is, 629 Mill Street, Lake Elsinore, California, do hereby certify that I mailed a copy of the attached notice of joint public hearing and cover letter to the property owners within the Rancho Laguna Redevelopment Project Areas No. I, II and III according to the list of such property owners attached to this certificate; and that I personally mailed such notice and cover letter by depositing a copy of same, addressed to each such property owner, first class mail, postage prepaid, in the United States mail at Lake Elsinore, California, on February 18, 2009. I certify under penalty of perjury that the foregoing is true and correct. Name Date ATTACHMENTS (1) Notice of Public Hearing (2) Cover Letter (3) List of Property Owners and Addresses e Agenda Item No. 5 Page 123 of 134 ATTACHMENT 17 Agenda Item No. 5 Page 124 of 134 CERTIFICATE OF MAILING (Notice to Business Owners and Residential Tenants [Occupants)) I, Mark Gilliam, employed by Affordable Mailing whose business address is, 629 Mill Street, Lake Elsinore, California, do hereby certify that I mailed a copy of the attached notice of joint public hearing and cover letter to the occupants within the Rancho Laguna Redevelopment Project Areas No. 1, II and III, according to the list of addresses attached to this certificate; and that I personally mailed such notice and cover letter by depositing a copy of same, addressed to each occupant, first class mail, postage prepaid, in the United States mail at Lake Elsinore, California, on February 18, 2009. I certify under penalty of perjury that the foregoing is true and correct. Name Date ATTACHMENTS (I) Notice of Public Hearing (2) Cover Letter (3) List of Addresses Agenda Item No. 5 Page 125 of 134 ATTACHMENT 18 Agenda Item No. 5 Page 126 of 134 CERTIFICATE OF MAILING (Notice to Taxing Agencies) I, Steven McCarty, whose business address is 130 South Main Street, Lake Elsinore, California, do hereby certify that I mailed a copy of the attached notice of joint public hearing and cover letter to the governing body of each taxing agency which levies taxes upon the property within the Rancho Laguna Redevelopment Project Areas No. I, II and III according to the list of such taxing agencies attached to this certificate; and that I personally mailed such notice and cover letter by depositing a copy of same, addressed to each such taxing agency, certified mail, return receipt requested, postage prepaid, in the United States mail at Lake Elsinore, California, on February 18, 2009. Copies of all returned receipts are on file in the office of the City Clerk. I certify under penalty of perjury that the foregoing is true and correct. Name - Z. / It ion Date Lake Elsinore, California ATTACHMENTS (1) Notice of Public Hearing (2) Cover Letter (3) List of Taxing Agencies and Addresses Agenda Item No. 5 Page 127 of 134 List of Taxing Agencies Riverside County General Attn: Mr. Robert E. Byrd, Auditor - Controller 4080 Lemon Street, 11`" Floor Riverside, CA 92502 -0868 (951) 955 -3800 Rancho Laguna RDV 1 Attn: Mr. Robert A. Brady City Manager 130 S. Main Street Lake Elsinore, CA 92530 (951) 674 -3124 Mt. San Jacinto Junior College Attn: Roger Schultz Superintendent 1499 N. State Street San Jacinto, CA 92583 (951) 487 -6752 Riverside County Regional Park & Open Space Attn: Mr. Paul Frandsen General Manager 4600 Crestmore Road Riverside, CA 92509 (951) 955 -4398 Elsinore Valley Cemetery Attn: Ms. Diana Russell General Manager 18170 Collier Avenue Lake Elsinore, CA 92530 (951)674.2418 Elsinore Valley Municipal Water District Attn: Ronald E. Young General Manager 31315 Chaney Street Lake Elsinore, CA 92531 (951) 674.3146 County Structure Fire Protection Attn: Mr. John R. Hawkins, County Fire Chief 210 W. San Jacinto Avenue Perris, CA 92570 (951) 940 -6900 Lake Elsinore Unified School Dist. Attn: Dr. Frank W. Passarella Superintendent 545 Chaney Street Lake Elsinore, CA 92530 (951) 253 -7000 Elsinore Area Elementary School Fund Attn: Dr. Frank W. Passarella Superintendent 545 Chaney Street Lake Elsinore, CA 92530 (951)253.7000 Flood Control Zone 3 Attn: Mr. Max Aragon Chairman/Zone Commissioner 1995 Market Street Riverside, CA 92501 (951) 471 -0103 N.W. Mosquito &Vector Control District Attn: Mr. Major S. Dhillon, Ph.D. General Manager 1966 Compton Ave Corona, CA 92881 -3318 (951) 340 -9792 Western Municipal Water District Attn: Ms. Brenda Dennstedt Director 450 Alessandro Blvd. Riverside, CA 92508 (951) 789 -5000 City of Lake Elsinore Annex Attn: Mr. Robert A. Brady City Manager 130 S. Main Street Lake Elsinore, CA 92530 (951) 674.3124 Lake Elsinore Unified Impound No. 96 -1 Attn: Dr. Frank W. Passarella Superintendent 545 Chaney Street Lake Elsinore, CA 92530 (951)253.7000 Riverside County Office of Education Attn: Dr. David Long Superintendent P.O. Box 868 Riverside, CA 92502 (951) 826 -6530 County Service Area 152 Attn: Mr. Robert E. Byrd Auditor - Controller 4080 Lemon Street, 11`" Floor Riverside CA 92502 (951) 955 -3800 Metro Water West Attn: Mr. Gilbert Ivey, Executive Office 700 North Alameda Street Los Angeles, CA 90012 -2944 (213) 217 -6622 Elsinore Water District Attn: Ms. Tammy Ramirez, Interim P.O. Box 1019 Lake Elsinore, CA 92531 (951)674.2168 Agenda Item No. 5 Page 128 of 134 ATTACHMENT 19 Agenda Item No. 5 Page 129 of 134 I -AID E I-SIHC.�I�L — — I— NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Redevelopment Agency of the City of Lake Elsinore will hold a public hearing in the City Council Chambers at the Lake Elsinore Cultural Center located at 183 North Main Street, Lake Elsinore, California, on Tuesday, March 24, 2009 at 7:00 p.m„ or as soon thereafter as the matter can be heard, to consider the following item: AMENDED AND RESTATED REDEVELOPMENT AND HOUSING IMPLEMENTATION PLAN 2005 -2009 The purpose of the public hearing is for the Redevelopment Agency of the City of Lake Elsinore to consider an Amended and Restated Redevelopment and Implementation Plan 2005 -2009, which proposes technical corrections, updates financial, census and housing inventories, and reflects current goals and activities of the Agency. The hearing will be conducted as part of a joint public hearing in consideration of proposed Amendments to the Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, Il, and III and the Negative Declaration prepared for the proposed Amendments. If you challenge the Agency's action in connection with its review of the Amended and Restated Implementation Plan in court, you may be limited to raising onlythose issues you or someone else at the public hearing described in this notice, or in written correspondence delivered to the Redevelopment Agency at, or prior to, the public hearing. ALL INTERESTED PERSONS are invited to attend this hearing and express opinions upon the item listed above, orto submit written comments to the Redevelopment Agency prior to the hearing date. FURTHER INFORMATION on this item may be obtained by contacting the Agency Secretary at City Hall (951) 674 -3124, ext. 262. DATE: February 18, 2009 PUBLISH: February 24, 2009 Press Enterprise March 3, 2009 Press Enterprise March 10, 2009 Press Enterprise March 17, 2009 Press Enterprise Agenda Item No. 5 Page 130 of 134 ATTACHMENT 20 Agenda Item No. 5 Page 131 of 134 AFFIDAVIT OF POSTING NOTICE OF PUBLIC HEARING On behalf of the City of Lake Elsinore, I certify to the following: On behalf of and at the request of the Lake Elsinore Redevelopment Agency (the Agency) the notice of public hearing for consideration and adoption of the Amended and Restated Redevelopment and Housing Implementation Plan 2005 -2009 was posted in four permanent locations within each of the Agency's Project Areas for a period of three consecutive weeks commencing on February 17, 2009. DATE: - t -v9 NAME (printed): � � c � Z SIGNATURE: c TITLE: ,�� 4G Agenda Item No. 5 Page 132 of 134 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item No. 5 Page 133 of 134 THIS PAGE LEFT INTENTIONALLY BLANK Agenda Item No. 5 Page 134 of 134