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HomeMy WebLinkAboutRDA Item No. 2 - approval for minutesCITY OF LAKE ELSINORE REDEVELOPMENT AGENCY MEETING MINUTES March 24th, 2009 (not official until approved) Regular meeting of the Lake Elsinore Redevelopment Agency was held on Tuesday, March 24th, 2009 in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. The meeting was called to order at 8:06 p.m. by Chairman Buckley who noted all Agency members were present. PRESENT: Chairman Buckley, Vice Chair Bhutta, Agencymember Hickman, Agencymember Magee, Agencymember Melendez. ABSENT: None. Also present: Executive Director Brady, Agency Counsel Leibold, City Treasurer Baldwin, and Agency Secretary Thomsen. Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Police Chief Cleary, Fire Chief Hendershot, and Information / Communications Manager Dennis. CLOSED SESSION (1) No items were before the Redevelopment Agency. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE There was no one present who wished to speak regarding a non-agenized item. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Note: All those who wish to speak are in reference to Joint Public Hearing Item No. 5. Agenda Item No. 2 Page 1 of 14 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24th, 2009 Page 2 of 14 CONSENT CALENDAR - APPROVED All matters on the Consent Calendar are approved on one motion, unless an Agency member or any individual of the public requests separate action on a specific item. (2) Approval of Redevelopment Agency Minutes Approved the following minute(s): (a) Special Joint City Council / Redevelopment Agency - February 4, 2009 (b) Joint City Council / Redevelopment Agency Meeting - March 10, 2009 (c) Regular Meeting of the Redevelopment Agency - February 24, 2009 and March 10, 2009 (3) Warrant List Dated March 12. 2009 Authorized payment of Warrant List dated March 12, 2009. (4) Investment Report- February 2009 Received and filed. MOTION was made by Vice Chair Bhutta, second by Agencymember Melendez and unanimously carried to approve the Consent Calendar as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (5) JOINT PUBLIC HEARING ON THE PROPOSED AMENDMENTS TO CONTNUED TO APRIL 14T", 2009, SOLELY FOR PURPOSES OF RESPONDING TO WRTITEN OBJECTIONS Notice of the Joint Public Hearing has been duly given and affidavits of compliance are on file in the Agency Secretary's office. No written communication has been received by the Agency Secretary's office. Agenda Item No. 2 Page 2 of 14 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24th, 2009 Page 3 of 14 Chairman Buckley stated this is a Joint Public Hearing, for the purpose of discussion and public comment. Chairman Buckley clarified the Redevelopment Agency and the City Council will determine independently if they choose to approve this item. The following items are is before the Agency and City Council as specified: (5) A Joint Public Hearing of the Agency Board and City Council to consider the Proposed Amended and Restated Redevelopment and Housing Implementation Plan 2005-2009 and Amendments to the Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I II and III Recommendations: 1. Agency and City Council hold a Joint Public Hearing on the proposed Amendments and related actions. 2. Agency adopt Resolution No. 2009- 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, II and 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, II and III. Agenda Item No. 2 Page 3 of 14 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24'h, 2009 Page 4 of 14 8. City Council introduce by title only and waive further reading of Ordinance No. amending Ordinances Nos. 607, 624, 987 and 1249, and approving and adopting the Fourth Amendment to Rancho Laguna Redevelopment Project Area No. I. 9. City Council introduce by title only and waive further reading of Ordinance No. amending Ordinances Nos. 671, 987 and 1249; and approving and adopting the Third Amendment to Rancho Laguna Redevelopment Project Area No. IL 10. City Council introduce by title only and waive further reading of Ordinance No. amending Ordinances Nos. 815, 987 and 1249, and approving and adopting the Third Amendment to Rancho Laguna Redevelopment Project Area No III. CHAIRMAN BUCKLEY: This is a Joint Public Hearing of the City Council of the City of Lake Elsinore and the Redevelopment Agency of the City of Lake Elsinore to consider and act upon the proposed fourth amendment to the Redevelopment Plan for Rancho Laguna Redevelopment Project No. I, the third amendment to the Redevelopment Plan for Rancho Laguna Redevelopment Project No. II, and third amendment to Rancho Laguna Redevelopment Project No. III (the "Amendments"). Concurrently, the Agency and Council will hold a hearing on the Negative Declaration prepared for the Amendments and the proposed Amended and Restated Redevelopment and Housing Implementation Plan 2005-2009 ("Amended and Restated Implementation Plan"). Roll Call of Council Members/ Agency Members CHAIRMAN BUCKLEY: Roll will stand as previously called stating, "all City Council and Agency Members are present." Introductory Statement Concerning Procedures CHAIRMAN BUCKLEY: Chairman Buckley opened the Public Hearing at 8:08 p.m. The state law under which we are acting is the Community Redevelopment Law of the State of California. That law requires that we follow certain procedures, some of them formal, in the conduct of tonight's joint public hearing. Agenda Item No. 2 Page 4 of 14 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24th, 2009 Page 5 of 14 Persons making statements and giving testimony will be subject to questions through the Chair. All persons desiring to speak will be given an opportunity to do so. CHAIRMAN BUCKLEY: When you do speak, please give your name, address and the name of the organization, if any, that you represent. Our order of procedure tonight will be as follows: 1. Agency Counsel Leibold will present the staff report on the proposed Amendments and the Amended and Restated Implementation Plan and evidence and testimony in support of the proposed Amendments, including the Negative Declaration and related documents, and the Amended and Restated Implementation Plan. 2. We will then consider any written comments that have been received concerning the proposed Amendments or the Amended and Restated Implementation Plan. 3. We will then receive any evidence or oral testimony from those present concerning the proposed Amendments or the Amended and Restated Implementation Plan. 4. Following the introduction of all evidence and testimony tonight, this hearing will be continued. We will now proceed with the staff presentation. Affidavit of Publication and Certificates of Mailing Notice of Joint Public Hearing AGENCY COUNSEL LEIBOLD: Notice of tonight's Joint Public Hearing was published in accordance with applicable requirements of the Brown Act and the Community Redevelopment Law. Notice of the Public Hearing on the proposed Amended and Restated Implementation Plan was published once a week for four successive weeks in the Press Enterprise and was posted in four permanent locations within each Project Area for a period of three consecutive weeks. Notice of the Joint Public Hearing of the Agency Board and the City Council on the proposed Amended and Restated Plans was published once a week for four successive weeks in the Press Enterprise and was directly mailed to (i) each property owner in the Project Areas, as shown on the last equalized assessment roll, (ii) residents and businesses in the Project Areas, and (iii) the governing body of each taxing agency that receives taxes from property in the Project Areas. At this time we would like to enter into the record of this Joint Public Hearing the following documents which are attached to your Staff Report as Attachments 14 through 20: Agenda Item No. 2 Page 5 of 14 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24th, 2009 Page 6 of 14 Attachment 14. Published and Mailed Notice of Joint Public Hearing of the City Council of the City of Lake Elsinore and the Redevelopment Agency of the City of Lake Elsinore on the Proposed Amendments to the Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II, and III and the Negative Declaration Prepared for the Proposed Amendments and the Proposed Amended and Restated Redevelopment and Housing Implementation Plan 2005-2009. Attachment 15. Affidavit of publication of notice of Joint Public Hearing in Press Enterprise. Attachment 16. Certificate of mailing notice of Joint Public Hearing to each assessee of land in the Project Areas, as shown on the last equalized assessment roll. Attachment 17. Certificate of mailing notice of Joint Public Hearing to the residents and businesses in the Project Areas. Attachment 18. Certificate of mailing notice of Joint Public Hearing to the governing body of each taxing agency that receives taxes from property in the Project Areas and List of Taxing Agencies. Attachment 19. Posted Notice of Public Hearing of the Redevelopment Agency of the City of Lake Elsinore on the Proposed Amended and Restated Redevelopment and Housing Attachment 20. Affidavit of posting notice of this Joint Public Hearing in four permanent locations within each of the Project Areas for a period of three consecutive weeks. Agency Counsel Leibold stated Certifications have been submitted to Agency Secretary. Agenda Item No. 2 Page 6 of 14 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24`h, 2009 Page 7 of 14 CHAIRMAN BUCKLEY: If there are no objections by members of the City Council or the Agency, these documents will be made a part of the record. Please proceed. Report of the Agency to the City Council AGENCY COUNSEL LEIBOLD: Agency Counsel Leibold gave an overview of what the Proposed Amended and Restated Redevelopment Plans and the Initial Study / Negative Declaration DOES NOT DO. It does not propose eminent domain actions (any homeowner must want to sell). There are no new assessments, no boundary changes, no new license fees, property taxes, land use or development standard changes. Nothing new is added or proposed. Agency Counsel Leibold presented clarification of what the Proposed Amended and Restated Redevelopment Plans and the Initial Study / Negative Declaration DOES DO. The document has had several amendments due to state law requirements since being adopted in the 1980's. These proposed amendments will incorporate those changes. The attachments listed above will be incorporated into the record of these proceedings. References in the Redevelopment Plans reflecting "Community Redevelopment Law" will be updated, and land uses will be clarified and restated. The proposed amendments will take care of outstanding items, loose-ends. The format and text are out of date and difficult to read. There is only hard copy, not an electronic version. All amendments are in separate documents. The purpose is to update the prior format, improve the presentation of the maps and the text, and incorporate the outstanding amendments into the document. In addition, financial and time limits are being updated which are part of the amendments. The document will update all references to the Community Redevelopment Law. Agency Counsel Leibold also stated that it is staffs recommendation to approve the Negative Declaration on the basis that the proposed Redevelopment Plan Amendments do not have any significant environmental impacts. Agency Counsel Leibold gave a presentation regarding previous actions: November 25, 2008 Agency Resolution Accepting the Proposed Amended And Restated Redevelopment Plans and the Initial Study/Negative Declaration and Referring The Plans and CEQA Documents to the Planning Commission for its Report And Recommendation and to all Affected Taxing Entities and Other Interested Persons. December 16, 2008 Planning Commission Resolution making the required General Plan consistency findings and recommending Agency and City Council approval of the Updated Plans. Agenda Item No. 2 Page 7 of 14 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24th 2009 Page 8 of 14 February 10, 2009, the Agency adopted and transmitted its Report to the City Council for the Amended and Restated Redevelopment Plans, the City Council received the Report and both entities consented to tonight's joint public hearing. Agency Counsel Leibold gave an overview Presentation was given regarding a Summary of the actions to be taken tonight. At this time we would like to enter into the record of this Joint Public Hearing the following documents which have been previously approved and/or are attached to or distributed with the Staff Report: (Approved 2/10/09) Report of the Agency to the City Council, including the Planning Commission Resolution Finding Conformity and the Negative Declaration Attachment 2 Amended and Restated Redevelopment and Housing Implementation Plan 2005-2009 Attachment 3 Revised Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I. 11 and III Attachment 4. Revised Owner Participation Rules for the Rancho Laguna Redevelopment Project Areas No. I. II and III Attachments 11, 12, 13 - Distributed with Agenda Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Nos. I, II and III CHAIRMAN BUCKLEY: Are there any questions by members of the City Council or the Agency? If there are no objections by members of the City Council or the Agency, these documents will be made a part of the record. Written Comments - COMMENTS HAVE BEEN RECEIVED CHAIRMAN BUCKLEY: Three letters including written comments on the proposed Amendments or the Amended and Restated Implementation Plans have been received. The written comments will be placed into the record at this time. AGENCY COUNSEL LEIBOLD clarifies for the record the correspondence received. Letter #1: Letter from Derill C. Ferguson dated March 11, 2009. Agenda Item No. 2 Page 8 of 14 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24th, 2009 Page 9 of 14 A summary was given stating he objects to the proposed amendment but did not offer justification. Letter #2: E-mail from Kevin & Janice Campion, dated March 14, 2009 they have a question regarding land use. Verbal response was given tonight. Letter #3 Letter from George J. Koliber dated March 10, 2009 does not qualify as written objection. He expressed his interest and support of the amendment without explanation. All who submitted communication will receive a response from the City Council prior to action on the proposed Amendments. Oral Testimony CHAIRMAN BUCKLEY: We will now hear any statements or testimony from those present concerning the proposed Amendments, Negative Declaration or the Amended and Restated Implementation Plan. PUBLIC COMMENTS - AGENDIZED ITEMS Anita Shaw stated she is a resident who lives in the Watersedge area of the City and would be affected by the Lakeside Marina project. She questioned if there are any changes to her area to which Chairman Buckley responded there were no changes. She asked for clarification if the original dates had slipped, which was confirmed, they had slipped, the developer still being in the planning process. Ms. Shaw requested if Lakeshore Drive could be straightened out in the future, and was informed the Planning Commission will be reviewing this in the future. Her concern is regarding increased traffic. She provided her e-mail address for future communication regarding her area. Don Hamilton addressed the Agency / Council stating this was the first time he has spoken at a meeting. He stated he currently lives in Las Vegas but is a City of Lake Elsinore property owner attending the meeting in interest of future development. He purchased property in 1956 in the Country Club Heights area and was promised amenities would be forth coming. The area is still lots only; no amenities or future development has been done. Mr. Hamilton requested an update of what is planned for the future regarding this area. Response was provided for Mr. Hamilton stating paving may be three years away; however for a specific response regarding his lots, he was referred to meet with Mr. Tom Weiner of the Community Development Department after the meeting. Agenda Item No. 2 Page 9 of 14 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24th, 2009 Page 10 of 14 Neil Shaw stated he owns 8 acres on the southwest corner of Lakeshore from the lake to Ortega Highway, and stated it is too costly to develop his land due to flood issues. He discussed the General Plan and stated his road has not been paved in the past 30 years. He questioned if this proposed amendment would affect his property. Chairman Buckley informed him the changes would not affect him; however, there are still flood issues in his area and requested he meet after the meeting for specific information regarding his area. Alma Sanchez stated her questions were answered during the Joint Public Hearing and she no longer needed to speak. Francis Ankle questioned if the proposed amendments were required to be approved by Riverside County as well as the City. Agency Counsel Leibold responded stating no, they were two different entities independent of each other. Gene Brown questioned when each Phase was done and was informed Phase I was 1980, Phase II was 1981 and Phase III was 1987. Agency Counsel Leibold reminded everyone, the proposed changes were regarding financing and house- keeping items. Ms. Brown thanked Agency Counsel Leibold for her response. Chairman Buckley informed everyone the proposed amendment clarifies what the money can be spent on and how the money is divided up, stating it can be used to remove blight such as the Pottery Court area and some areas of Country Club Heights. Chairman Buckley requested anyone else with questions to e-mail him if they had further questions. Craig Freeze stated he was an attorney and has done extensive research regarding the Spanish Land Grant and a Supreme Court case related to this treaty. Chairman Buckley stated yes, this is where the name of Rancho Laguna comes from the Spanish Land Grant. Mr. Freeze stated the original wording states there shall be no servitude upon the land, and the Spanish servants were given 1 million acres of land. He stated the Rancho Laguna Redevelopment area is part of the original treaty and offered to provide documentation to Agency Counsel Leibold. Continuation of Hearing CHAIRMAN BUCKLEY: Are there any final questions by members of the City Council or the Agency? Questions by Members of the Council and Agency Agencymember Hickman stated he had received several calls which he had answered. Questions were related to mello-roos taxes, property tax, foreclosures, and reassessments. It was confirmed the City will be losing 1% from the reassessments of property tax. Agenda Item No. 2 Page 10 of 14 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24th 2009 Page 11 of 14 Agencymember Melendez questioned the term price-restricted units, regarding low income housing. Agency Counsel Leibold clarified the definition and Chairman Buckley gave an example of the definition. If there is no further testimony or evidence to be received, I will defer to Agency Counsel Leibold. AGENCY COUNSEL LEIBOLD: Written objections were received from property owners. Therefore, the Agency and City Council must continue their consideration of the proposed Amendments to their next regular meeting on April 14, 2009. The public hearing should be continued to the next regularly scheduled meeting of the City Council and Redevelopment Agency for the limited purpose of responding to the written objections admitted into the record tonight. No further public testimony will be received. Tonight, the Agency and City Council can take all actions outlined in the staff report except consideration of the Amended and Restated Plans themselves. That being the case, I need a motion to continue the public hearing to the next regularly scheduled meeting of the City Council and the Redevelopment Agency for the limited purpose of responding to the written objections admitted into the record tonight. MOTION made by Chairman Buckley, second by Agencymember Hickman and unanimously carried to continue the Public Hearing to the Next Regularly Scheduled Meeting of the City Council and Redevelopment Agency for the limited purpose of responding to the written objections admitted into the record tonight. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. CHAIRMAN BUCKLEY: This Joint Public Hearing of the City Council and the Agency is continued to the next regularly scheduled meeting to be held April 14, 2009, of the City Council and Redevelopment Agency for the limited purpose of responding to the written objections admitted into the record tonight. AGENCY ACTION ITEMS CHAIRMAN BUCKLEY: The Agency, in session, will now consider and act on the matters before it: 1. Resolution No. 2009-02 approving and adopting the Initial Study and Negative Declaration prepared for the proposed Amended and Agenda Item No. 2 Page 11 of 14 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24`h, 2009 Page 12 of 14 Restated Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III. MOTION was made by Agencymember Melendez, second by Agencymember Hickman and unanimously carried to approve the Resolution No. 2009-02 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. 2. Resolution No. 2009-03 adopting the 2005-2009 Amended and Restated Redevelopment and Housing Implementation Plan. MOTION was made by Vice Chair Bhutta, second by Agencymember Hickman and unanimously carried to approve the Resolution No. 2009-03 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. 3. Resolution No. 2009-04 adopting a Revised Method or Plan for Relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III. MOTION was made by Agencymember Hickman, second by Vice Chair Bhutta and unanimously carried to approve the Resolution No. 2009-04 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. 4. Resolution No. 2009-05 adopting Revised Owner Participation Rules for the Rancho Laguna Redevelopment Project Areas No. I, II and III. MOTION was made by Vice Chair Bhutta, second by Agencymember Hickman and unanimously carried to approve the Resolution No. 2009-05 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Agenda Item No. 2 Page 12 of 14 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24th, 2009 Page 13 of 14 CITY COUNCIL ACTIONS MAYOR MAGEE announced at 8:46 p.m. during the City Council portion of the Joint Public Hearing that the City Council, in session, will now consider and act on the matters before it: 1. City Council Resolution No. 2009-09 adopting the Initial Study and Negative Declaration prepared for the proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II, and III. MOTION was made by Councilmember Buckley, second by Councilmember Hickman and unanimously carried to approve the Resolution No. 2009-09 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MAYOR MAGEE concluded the City Council action items and turned the proceedings back to the Agency Chair to conclude this portion of the meeting. 8:47 p.m. CHAIRMAN BUCKLEY re-convened the Redevelopment portion of the meeting at 8:48 p.m. Do any of the Board Members or Agency Counsel Leibold have any concluding remarks? None. BUSINESS ITEM(S) No business items were before the Redevelopment Agency. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES None. EXECUTIVE DIRECTOR COMMENTS None. Agenda Item No. 2 Page 13 of 14 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of March 24th, 2009 Page 14 of 14 LEGAL COUNSEL COMMENTS None. AGENCY MEMBER COMMENTS None. ADJOURNMENT There being no further business to come before the Redevelopment Agency, Chairman Buckley adjourned the meeting at 8:49 p.m. back to the City Council meeting. The Lake Elsinore Redevelopment Agency will adjourn to the next regular meeting scheduled to be held on Tuesday, April 14, 2009, in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Debora Thomsen Debora Thomsen, CIVIC Agency Secretary of the Redevelopment Agency City of Lake Elsinore, California Agenda Item No. 2 Page 14 of 14