Loading...
HomeMy WebLinkAbout2009-07-14 City Council Item No. 14 CITY OF i E LA r� LS I NO E K � � 1 • DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 14, 2009 SUBJECT: CITY LOAN OF HOPE VI MAIN STREET GRANT FUNDS BACKGROUND The HOPE VI Main Street Grant Program is designed to strengthen public - private partnerships to provide decent, safe, sanitary, and affordable housing, with primary attention to rental housing, for very low income and lower income households in downtown districts. The City of Lake Elsinore ( "City ") has been awarded a $1,000,000 grant (the "HOPE VI Main Street Grant ") from the Department of Housing and Urban Development ( "HUD ") for the Pottery Court Affordable Housing Project (the "Project "). On May 26, 2009, the Redevelopment Agency (the "Agency ") and Pottery Court Housing Associates, L.P. (an affiliate of Bridge Housing) (the "Developer") entered into a Disposition and Development Agreement (the "DDA ") for the Project, which provides for the sale of 4.3 acres of Agency property near Pottery Street and the outflow channel (the "Property "); a purchase money loan to the Developer of $4,061,000 (the "Agency Loan "); and development of approximately one - hundred eleven (111) affordable housing units. However, the DDA only represents part of the Project's funding commitments. In addition to a County loan of HOME funds, a construction loan, and an investor's equity contribution to be obtained through the syndication of Tax Credits, the Project will also require the proceeds of a City loan by way of the HOPE VI Main Street Grant funds. DISCUSSION The Developer has requested that the City contribute the $1,000,000 HOPE VI Main Street Grant toward the estimated $23,000,000 Project budget. Specifically, these CC July 14, 2009 Item No. 14 Page 1 of 6 Report to City Council — City Loan of HOPE IV MAIN STREET GRANT FUNDS July 14, 2009 Page 2 funds will be used to reimburse the Developer of eligible predevelopment activities such as relocation of tenants, architect and engineering costs, planning costs and permits. Upon conveyance of the Project site by the Agency to the Developer pursuant to the DDA, the City Loan will be secured by a deed of trust which will be recorded against the Pottery Court property. The Developer has also agreed to the following loan terms: • Use of funds will be consistent with the requirements of the City's original grant agreement with HUD • 3% simple interest • Loan payable from residual receipts (revenues less operating cost and debt service) on a pro rata basis with the Agency and County loans • Any remaining outstanding balance due in 55 years In order to expedite the proposed development funding, staff is recommending the City approve the attached Resolution committing up to $1,000,000 of HOPE VI Main Street Grant funds to the Developer for the Project and delegate to the City Manager the authority to enter into a loan agreement and related ancillary documents specifying the terms and conditions of the loan consistent with this report. FISCAL IMPACT There is no impact to the City's General Fund. The City Loan of up to $1,000,000 will be funded by the HOPE VI Main Street Grant. RECOMMENDATION That the City Council approve Resolution No. 2009- authorizing a commitment of $1,000,000 from the HOPE VI Main Street Grant for a loan to the Developer and authorize the City Manager the authority to enter into a loan agreement and related ancillary documents. Prepared by: Barbara Leibold City Attorney I Approved by: Robert A. Brady , ■ City Manager Attachment: Resolution No. 2009 - CC July 14, 2009 Item No. 14 Page 2 of 6 RESOLUTION NO. 2009- RESOLUTION OF CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING A LOAN OF HOPE VI MAIN STREET GRANT FUNDS TO POTTERY COURT HOUSING ASSOCIATES, L.P. FOR AN AFFORDABLE HOUSING PROJECT KNOWN AS POTTERY COURT WHEREAS, the City is a municipal corporation organized and existing under the laws of the State of California. The City has been awarded a One Million Dollar ($1,000,000) grant (the "HOPE VI Main Street Grant ") from the United States Department of Housing and Urban Development ( "HUD ") pursuant to the federal HOPE VI Authorization which was appropriated by the Consolidated Appropriations Act, 2008 (Pub. L. 110 -161) under the heading "Revitalization of Severely Distressed Public Housing ( "HOPE VI Program ") for purposes of strengthening public - private partnerships to provide decent, safe, sanitary, and affordable housing, with primary attention to rental housing, for very low income and lower income households in the City, and particularly for the Project (as defined below); and WHEREAS, the City has entered into a Grant Agreement dated May 21, 2009 with HUD setting forth specific terms and conditions relating to the use of the funds; and WHEREAS, by action of the City Council pursuant to Chapter 2 of the California Community Redevelopment Law (Health & Safety Code §§ 33000 et seq.) ( "Redevelopment Law ") the City has established the Redevelopment Agency of the City of Lake Elsinore (the "Agency "), whose purposes include increasing, improving and preserving the community's supply of housing affordable to and occupied by low and moderate income households pursuant to §§ 33334.2, 33334.3, 33334.6 and 33413 of the Redevelopment Law; and WHEREAS, Pottery Court Housing Associates, L.P. ( "Developer") is a California limited partnership, whose general partner is an experienced affordable housing developer, and whose purpose is to construct, operate and manage the Project (as defined below); and WHEREAS, on May 26, 2009, the Agency and Developer entered into that certain Disposition and Development Agreement (Pottery Court) (the "DDA "), which provides for (1) the disposition by the Agency to the Developer of approximately 4.3 acres of real property located within the boundaries of Rancho Laguna Redevelopment Project Area No. I and generally bounded by Pottery Street and Sumner Avenue between the outflow channel of Lake Elsinore and Langstaff Street (the "Property "); (2) the loan from the Agency's Low and Moderate Income Housing Fund to the Developer in an amount not to exceed Four Million Sixty One Thousand Dollars ($4,061,000) ( "Agency Loan "); and (3) the development of approximately one - hundred eleven (111) units restricted to occupancy by very low income households at an affordable rent, two (2) manager units, and community space which will provide a study room, a music practice room, a great room for parties, a full kitchen, a pool, BBQs and one tot lot all in CC July 14, 2009 Item No. 14 Page 3 of 6 CITY COUNCIL RESOLUTION NO. 2009- PAGE 2 OF 4 accordance with the Project Description attached as Attachment No. 3 to the DDA, the Development Proposal submitted to HUD under the Grant Agreement and Tentative Parcel Map 36193 and Residential Design Review No. 2009 -02 approved by the City Council of City on June 23, 2009 (the "Project "); and WHEREAS, on June 9, 2009, Developer submitted an application for an allocation of nine percent (9 %) Low Income Housing Tax Credits pursuant to Section 42 of the Internal Revenue Code and /or California Revenue and Taxation Code sections 17057.5, 17058, 23610.4, and 23610.5 and California Health and Safety Code section 50199 et seq. for the Project (the "TCAC Application "). Developer anticipates the Tax Credit syndication proceeds will be in the amount set forth in the Preliminary Project Budget, and WHEREAS, Developer requires financial assistance from City in order to cover certain eligible predevelopment costs that Developer will incur in connection with the Project; and WHEREAS, the City desires to provide financial assistance to Developer for certain eligible predevelopment costs in the form of a City Loan in the aggregate amount not to exceed One Million Dollars ($1,000,000) (the "City Loan "); and WHEREAS, Agency currently owns the Property and has agreed to convey the Property to Developer subject to and in accordance with the DDA. The City Loan proceeds will not be used by Developer for acquisition of the Property from Agency; and WHEREAS, Developer and City agree that the City Loan will facilitate the development of the Project which is in the vital and best interest of the City, is necessary for the protection of the health, safety and welfare of the City's residents, and is in accord with the public purposes and provisions of applicable federal, state and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are incorporated as substantive findings of the City by this reference. SECTION 2. The Agency hereby authorizes the City Manager to provide a loan from the HOPE VI Main Street Grant in an amount not to exceed $1,000,000 to Developer, to be used for costs and expenses approved by the City Manager, or his designee, which are customarily incurred and shall have been actually incurred by Developer for the predevelopment and development of Pottery Court. SECTION 3. The City Loan shall require that the use of funds will be consistent with the requirements of the Grant Agreement, provide for 3% simple interest, provide for annual payments of residual receipts (revenues Tess operating cost and debt service) on a pro rata basis with the Agency and County loans, and require that any CC July 14, 2009 Item No. 14 Page 4 of 6 CITY COUNCIL RESOLUTION NO. 2009- PAGE 3 OF 4 remaining outstanding balance be payable due in 55 years, or on such other favorable repayment terms and schedule as the City Manager determine are in the best interests of the City and Pottery Court. SECTION 4. As a condition of the City Loan, the City will require that the loan be secured by a Deed of Trust which will be recorded against the Pottery Court property upon the property transfer from the Agency to the Developer pursuant to the DDA. SECTION 5. That the making of the City Loan shall be contingent on and subject to such other appropriate terms and conditions as the City Manager may establish. SECTION 6. All loan documents shall be reviewed and approved by the City Attorney for form and legality prior to execution. SECTION 7. Subject to all applicable laws, including all notice and hearing requirements relating to Pottery Court, the City Council hereby authorizes the City Manager to execute a loan agreement along with any ancillary documents, administer the City Loan, and take any other action with respect to the loan and Pottery Court consistent with this Resolution and its basic purpose. SECTION 8. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 14th day of July 2009. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: DEBORA THOMSEN CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CC July 14, 2009 Item No. 14 Page 5 of 6 CITY COUNCIL RESOLUTION NO. 2009 - PAGE4OF4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) 1, 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 14 day of July 2009, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: DEBORA THOMSEN CITY CLERK CC July 14, 2009 Item No. 14 Page 6 of 6 , Page 1 of 3 CITY OF LAKE ELSINORE REDEVELOPMENT AGENCY AGENDA THOMAS BUCKLEY, CHAIRMAN WWW.LAKE- ELSINORE.ORG AMY BHUTTA, VICE -CHAIR (951) 674 -3124 PHONE DARYL HICKMAN, AGENCYMEMBER (951) 674 -2392 FAX ROBERT MAGEE, AGENCYMEMBER LAKE ELSINORE CULTURAL CENTER MELISSA MELENDEZ, AGENCYMEMBER 183 NORTH MAIN STREET ROBERT BRADY, EXECUTIVE DIRECTOR LAKE ELSINORE, CA 92530 ************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TUESDAY, JULY 14, 2009 STUDY SESSION AT 4:00 P.M. CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. CALL TO ORDER - 5:00 P.M. ROLL CALL CLOSED SESSION (1 a) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 case (1b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 375 - 023 -058 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and US Bank / JP Morgan Mortgage Trust #2006 -A2 Under negotiation: Price / terms / Conditions of Payment CALL BACK TO ORDER - 7:00 P.M. ROLL CALL CLOSED SESSION REPORT PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting) Lake Elsinore Redevelopment Agency Agenda Regular Meeting of July 14, 2009 Page 2 of 3 PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting. The Chairman will call on you to speak, when your item is called) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Board member or any member of the public requests separate action on a specific item) (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): (a) Regular meeting of the Redevelopment Agency — May 12, 2009, May 26, 2009, and June 23, 2009 (3) Warrant List Dated June 30, 2009 Recommendation: Authorize payment of Warrant List dated June 30, 2009. PUBLIC HEARING(S) None. BUSINESS ITEM(S) (4) Downtown Master Plan Next Step in the Process: Staff requests that the Redevelopment Agency identify necessary modifications to the attached documents or, if comfortable with the approach and documents, direct staff to incorporate them into the General Plan EIR. Staff will then bring the entire Downtown Master Plan package before the Planning Commission, Redevelopment Agency and City Council for final consideration and adoption at the end of the year along with the General Plan Update, and Housing Element which will all be integrated into a single Environmental Impact Report. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Lake Elsinore Redevelopment Agency Agenda Regular Meeting of July 14, 2009 Page 3 of 3 EXECUTIVE DIRECTOR COMMENTS LEGAL COUNSEL COMMENTS BOARDMEMBER(S) COMMENTS ADJOURNMENT The Lake Elsinore Redevelopment Agency will adjourn to a regular meeting to be held on Tuesday, July 28, 2009, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. AFFIDAVIT OF POSTING I, DEBORA THOMSEN, Agency Secretary of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall, 72 hours in advance of this meeting. Debora Thomsen Debora Thomsen, CMC Redevelopment Agency Secretary City of Lake Elsinore, California CITY OF LADE LS I NOTE DREAM EXTREME, MEMORANDUM To: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman From: Bob Brady, City Manager Date: July 7, 2009 Subject: Downtown Master Plan Documents The Downtown Master Plan will be reviewed by the Redevelopment Agency at its July 14, 2009 meeting. Documents related to the Master Plan are attached and are being provided in advance to allow for extra review time. Please bring these documents to the July 14, 2009 meeting. Thank you. Page 1 of 3 CITY OF LAKE ELSINORE REDEVELOPMENT AGENCY AGENDA THOMAS BUCKLEY, CHAIRMAN WWW.LAKE- ELSINORE.ORG AMY BHUTTA, VICE -CHAIR (951) 674 -3124 PHONE DARYL HICKMAN, AGENCYMEMBER (951) 674 -2392 FAX ROBERT MAGEE, AGENCYMEMBER LAKE ELSINORE CULTURAL CENTER MELISSA MELENDEZ, AGENCYMEMBER 183 NORTH MAIN STREET ROBERT BRADY, EXECUTIVE DIRECTOR LAKE ELSINORE, CA 92530 ************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TUESDAY, JULY 14, 2009 STUDY SESSION AT 4:00 P.M. CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. CALL TO ORDER - 5:00 P.M. ROLL CALL CLOSED SESSION (1 a) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 case (1b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 375 - 023 -058 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and US Bank / JP Morgan Mortgage Trust #2006 -A2 Under negotiation: Price / terms / Conditions of Payment CALL BACK TO ORDER - 7:00 P.M. ROLL CALL CLOSED SESSION REPORT PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting) Lake Elsinore Redevelopment Agency Agenda Regular Meeting of July 14, 2009 Page 2of3 PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting. The Chairman will call on you to speak, when your item is called) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Board member or any member of the public requests separate action on a specific item) (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): (a) Regular meeting of the Redevelopment Agency — May 12, 2009, May 26, 2009, and June 23, 2009 (3) Warrant List Dated June 30, 2009 Recommendation: Authorize payment of Warrant List dated June 30, 2009. PUBLIC HEARING(S) None. BUSINESS ITEM(S) (4) Downtown Master Plan Next Step in the Process: Staff requests that the Redevelopment Agency identify necessary modifications to the attached documents or, if comfortable with the approach and documents, direct staff to incorporate them into the General Plan EIR. Staff will then bring the entire Downtown Master Plan package before the Planning Commission, Redevelopment Agency and City Council for final consideration and adoption at the end of the year along with the General Plan Update, and Housing Element which will all be integrated into a single Environmental Impact Report. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Lake Elsinore Redevelopment Agency Agenda Regular Meeting of July 14, 2009 Page 3 of 3 EXECUTIVE DIRECTOR COMMENTS LEGAL COUNSEL COMMENTS BOARDMEMBER(S) COMMENTS ADJOURNMENT The Lake Elsinore Redevelopment Agency will adjourn to a regular meeting to be held on Tuesday, July 28, 2009, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. AFFIDAVIT OF POSTING I, DEBORA THOMSEN, Agency Secretary of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall, 72 hours in advance of this meeting. Debora 'Thomsen Debora Thomsen, CMC Redevelopment Agency Secretary City of Lake Elsinore, California EiL2! LASE LSIN.OE DREAM EXTREME REPORT TO REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY BOARD FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: JULY 14, 2009 SUBJECT: CLOSED SESSION REPORT(S) CLOSED SESSION REDEVELOPMENT AGENCY CLOSED SESSION (1 a) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 case (1b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 375 - 023 -058 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and US Bank / JP Morgan Mortgage Trust #2006 -A2 Under negotiation: Price / terms / Conditions of Payment Prepared By: Debora Thomsen City Clerk Approved By: Robert A. Brady City Manager RDA July 14, 2009 Item No. 1 Page 1 of 1 CITY OF LAKE 02 L / DREAM EXTREME iTW REPORT TO REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: JULY 14, 2009 SUBJECT: APPROVAL OF MINUTES Discussion The following Redevelopment Agency meeting minutes for the Lake Elsinore are submitted for approval: a) Redevelopment Agency Meeting Minutes from May 12, 2009, May 26, 2009, and June 23, 2009 Recommendation Approve the Minutes as submitted. Prepared b : Debora Thomsen P Y ct Agency Secretary Approved by: Robert A. Brady r Executive Directo 1 RDA July 14, 2009 Item No. 2 Page 1 of 18 Page 1 of 3 CITY OF LAKE ELSINORE REDEVELOPMENT AGENCY MEETING MINUTES May 12 2009 (not official until approved) Regular meeting of the Lake Elsinore Redevelopment Agency was held on Tuesday, May 12 2009 in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. The meeting was called to order at 9:07 p.m. by Vice Chair Bhutta who noted all Agency members were present except for Chairman Buckley. PRESENT: Vice Chair Bhutta, Agency member Hickman, Agency member Magee, Agency member Melendez. ABSENT: Chairman Buckley. Also present: Executive Director Brady, Agency Counsel Leibold, 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 (1A) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8) Property: 154 North Main Street, 156 North Main Street, 158 North Main Street Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Tenants Irma Y Leonardo Lee (154 North Main Street); and Eduardo Ramirez Mosqueda (156 North Main Street); and Paula Lopez / Super Saver, Inc (158 North Main Street) Under negotiation: Rent and terms of payment RDA July 14, 2009 Item No. 2 Page 2 of 18 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of May 12 2009 Page 2 of 3 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 There was no one present who wished to speak regarding an agenized item. CLOSED SESSION REPORT Agency Counsel Leibold stated due to the absence of Chairman Buckley the Closed Session item was cancelled. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approved the following minute(s): (a) Regular meeting of the Redevelopment Agency — March 24, 2009 (3) Warrant List Dated April 30, 2009 Recommendation: Authorized payment of Warrant List dated April 30, 2009. MOTION was made by Agencymember Hickman, second by Agencymember Magee and unanimously carried to approve the Consent Calendar as recommended. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. PUBLIC HEARING(S) None. RDA July 14, 2009 Item No. 2 Page 3 of 18 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of May 12 2009 Page 3 of 3 BUSINESS ITEM(S) None. EXECUTIVE DIRECTOR COMMENTS None. LEGAL COUNSEL COMMENTS None. BOARDMEMBER(S) COMMENTS None. ADJOURNMENT There being no further business to come before the Redevelopment Agency (RDA) Vice Chair Bhutta adjourned the Redevelopment Agency portion of the meeting at 9:08 p.m. for the City Council to conclude their meeting. The Lake Elsinore Redevelopment Agency will adjourn to a regular meeting to be held on Tuesday, May 26, 2009, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Debora Thomsen Debora Thomsen, CMC Redevelopment Agency Secretary City of Lake Elsinore, California RDA July 14, 2009 Item No. 2 Page 4 of 18 Page 1 of 10 CITY OF LAKE ELSINORE REDEVELOPMENT AGENCY MEETING MINUTES May 26 2009 (not official until approved) Regular meeting of the Lake Elsinore Redevelopment Agency was held on Tuesday, May 26 2009 in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. The meeting was called to order at 7:37 p.m. by Chairman Buckley who noted all Agency members were present. PRESENT: Chairman Buckley, Vice Chair Bhutta, Agency member Hickman, Agency member Magee, Agency member Melendez. ABSENT: None. Also present: Executive Director Brady, Agency Counsel Mann, 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) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 374 - 072 -028, 374 - 072 -030, 374 - 072 -032, 374 - 072 -034, 374 - 072 -036; 374 - 072 -018, 374 - 072 -020, 374 - 072 -022; 374 -071 -003, 374 - 071 -004, 374 - 071 -005, 374 - 071 -006, 374 - 071 -007, 374 -071 -008, 374 - 071 -009, 374 - 071 -010, 374 - 071 -011, 374 - 071 -012, 374 -071 -013, 374 - 071 -014, 374 - 071 -027, 374 - 071 -027; 374 - 072 -026 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Pottery Court Housing Associates, LP Under negotiation: Price and terms of payment RDA July 14, 2009 Item No. 2 Page 5 of 18 Lake Elsinore Redevelopment Agency Agenda Regular Meeting of May 26, 2009 Page 2 of 10 CALL BACK TO ORDER - 7:00 P.M. ROLL CALL Chairman Buckley stated Roll -Call will stand as previously called. CLOSED SESSION REPORT Deputy City Attorney Mann gave an overview of the Closed Session item and stated there was no reportable action. 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 There was no one present who wished to speak regarding an agenized item. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approved the following minute(s): Regular meeting of the Redevelopment Agency — April 28, 2009 (3) Warrant List Dated May 14, 2009 Recommendation: Authorized payment of Warrant List dated May 14, 2009. (4) Investment Report — April 2009 Recommendation: Received and filed. MOTION was made by Agencymember Magee, second by Agencymember Hickman and unanimously carried to adopt the Consent Calendar as recommended. RDA July 14, 2009 Item No. 2 Page 6 of 18 Lake Elsinore Redevelopment Agency Agenda Regular Meeting of May 26, 2009 Page 3 of 10 AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. JOINT PUBLIC HEARING Notice of the Joint Public Hearing has been duly given and affidavits of compliance are on file in the Agency Secretary's office. No written communication has been received by the Agency Secretary's office. CHAIRMAN BUCKLEY: 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 proposed Disposition and Development Agreement (DDA) with Pottery Court Housing Associates, L.P. and acceptance of the 33433 Summary Report. Roll Call of Council Members / Agency Members CHAIRMAN BUCKLEY: Roll will stand as previously called stating "all City Council and Agency Members are present." I will now open the Joint Public Hearing at 7:39 p.m. Executive Director Brady, please proceed with the staff report. EXECUTIVE DIRECTOR BRADY: Executive Director Brady introduced the project known as "Pottery Court" and then introduced Redevelopment Project Manager Steve McCarty to provide further details of the project. REDEVELOPMENT PROJECT MANAGER MCCARTY: RDA Manager McCarty gave an overview of the project stating in 2008 the Agency Board selected BRIDGE Housing Corporation (BRIDGE) as an affordable housing partner. He gave a brief history of the project stating now the Pottery Court is an affordable housing site of 4.3 acres. Originally it was RDA July 14, 2009 Item No. 2 Page 7 of 18 Lake Elsinore Redevelopment Agency Agenda Regular Meeting of May 26, 2009 Page 4 of 10 anticipated 88 units could be built, but with the acquisition of additional land the project can now offer 111 units. Manager McCarty further stated the current estimate is $3,275,642.57 and the Agency will provide "seller financing" for the Purchase Price and provide funds for predevelopment and project costs. Total Agency financing is $4,061,000. He went on to state in 2008 the Agency committed up to $4,039,000 from available funds from the Agency's Low and Moderate Income Housing Funds with the intent to build 90 units. The Agency now requires $22,000 additional authorization from funds in the Agency's Low and Moderate Income Housing Fund. CHAIRMAN BUCKLEY: Are there any questions by members of the City Council or the Agency? None. Before we proceed with public comments, has the Agency Secretary, staff or fellow City Council / Agency Board members received any written correspondence on this item? If so, let's enter those into the record now. If not, we will now hear testimony from those present concerning the proposed DDA and Summary Report. The Agency Secretary responded she had not, nor had anyone else. PUBLIC COMMENTS: Dick Knapp stated he had just spent an hour going over all of the actuals, and questioned the dollar figure of approximately $6,000,000. stating he determines each house will cost $237,000 and noted the families are being over charged. He stated they could purchase a nice house in today's economy for this type of money. Mr. Knapp declared the numbers provided, did not add up and stated the Council and the Redevelopment Agency was involved in RICO. Project Manager McCarty responded justifying the numbers. The Project Manager from BRIDGE stepped to the podium at the request of Chairman Buckley to also respond. Betsy Wilson from Bridge Housing came forward to address Mr. Knapp's concerns. She stated the cost per unit also includes the purchase of the land. She gave further detail of expenses: She stated her company has a national reputation which has been built over 25 years. They are a non - profit company, and along with the RDA, they have 3 party audits, which is a requirement of the financing. She stated the hard cost for construction to build each unit is approximately $100,000 and gave the breakdown due to applications, fees and permits. RDA July 14, 2009 Item No. 2 Page 8 of 18 Lake Elsinore Redevelopment Agency Agenda Regular Meeting of May 26, 2009 Page 5 of 10 Agencymember Magee requested Chairman Buckley have Agency Counsel address Mr. Knapp's allegation of RICO involvement, Chairman Buckley concurred and made the request. Agency Counsel Mann stated all of the proceedings regarding this project have taken place openly and publicly or in Closed Session authorized by the Brown Act. He stated RICO implies corruption and there is nothing illegal going on. He noted all of the information is public and has been available for inspection for several weeks and invited anyone to view these documents if they had any questions. The Disposition and Development Agreement and the Economic Report have been available for review and support the numbers. Agencymember Hickman questioned RDA Manager McCarty asking how much money the RDA is actually putting into the project. Manager McCarty responded, stating only $4,061,000 at 3% simple interest, noting only 15 percent of the total project cost is coming from RDA funds. He also stated the Agency's subsidy is approximately $36,585 per unit. Executive Director Brady stated the $4,061,000 is included in the $6 million referenced by Mr. Knapp. Treasurer Baldwin stepped forward and stated during times in his career he has worked with BRIDGE Housing because of their reputation; they are the best affordable housing developer in the market and truly provide quality. CHAIRMAN BUCKLEY: Anyone who did not complete a form would like to speak in favor of the item? None. Anyone who wishes to speak in opposition to the item? None. Anyone who wishes to address the matter at all? None. Seeing no one else who wishes to speak, I will close the Joint Public Hearing at 7:53 p.m. Are there any final questions by members of the City Council or the Agency? None. If there are no further questions, I will turn the meeting over to the Mayor for consideration by the City Council of the proposed Resolution. RDA July 14, 2009 Item No. 2 Page 9 of 18 Lake Elsinore Redevelopment Agency Agenda Regular Meeting of May 26, 2009 Page 6 of 10 THE FOLLOWING ITEMS ARE BEFORE THE AGENCY AND CITY COUNCIL AS SPECIFIED: (5) REDEVELOPMENT AGENCY ITEM: Disposition and Development Agreement with Pottery Court Housing Associates, L.P. and Acceptance of 33433 Summary Report Recommendation: Approved Resolution No. 2009 -09, Resolution of the Redevelopment Agency of the City of Lake Elsinore Approving that Certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of Lake Elsinore and Pottery Court Housing Associates, L.P. (11) CITY COUNCIL ITEM: Disposition and Development Agreement with Pottery Court Housing Associates, L.P. and Acceptance of 33433 Summary Report ITEM DEFERRED BY THE CITY COUNCIL TO THIS JOINT PUBLIC HEARING SESSION WITH THE REDEVELOPMENT AGENCY Recommendation: Approved Resolution No. 2009 -026 of the City Council of the City of Lake Elsinore, California, approving the sale of Real Property by the Redevelopment Agency of the City of Lake Elsinore Pursuant to Certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of Lake Elsinore and Pottery Court Housing Associates, L.P. CITY COUNCIL ACTION ITEM: Mayor Magee stated the City Council was now in session and will consider and act on the matter before it: MOTION was made by Councilmember Bhutta, second by Councilmember Buckley and unanimously carried to adopt Resolution No. 2009 -026 approving the sale of Real Property by the Redevelopment Agency of the City of Lake Elsinore Pursuant to Certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of Lake Elsinore and Pottery Court Housing Associates, L.P. RDA July 14, 2009 Item No. 2 Page 10 of 18 Lake Elsinore Redevelopment Agency Agenda Regular Meeting of May 26, 2009 Page 7 of 10 AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Passed and approved the following Resolution: "Resolution No. 2009 -026 of the City Council of the City of Lake Elsinore, California, approving the sale of Real Property by the Redevelopment Agency of the City of Lake Elsinore Pursuant to Certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of Lake Elsinore and Pottery Court Housing Associates, L.P." Mayor Magee concluded the City Council Item No. 11 and turned the proceedings back to Agency Chairman Buckley at 7:52 p.m. to conclude the Agency portion of the meeting. AGENCY ACTION ITEM: Chairman Buckley stated the Redevelopment Agency was now in session at 7:52 p.m. and will consider and act on the matter before it, Redevelopment Agency Item No. 5: Resolution No. 2009 -09, Resolution of the Redevelopment Agency of the City of Lake Elsinore Approving that Certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of Lake Elsinore and Pottery Court Housing Associates, L.P. MOTION was made by Vice Chair Bhutta second by Agencymember Hickman and unanimously carried to adopt Resolution No. 2009 -09, Resolution of the Redevelopment Agency of the City of Lake Elsinore Approving that Certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of Lake Elsinore and Pottery Court Housing Associates, L.P. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. RDA July 14, 2009 Item No. 2 Page 11 of 18 Lake Elsinore Redevelopment Agency Agenda Regular Meeting of May 26, 2009 Page 8 of 10 Regarding the Joint Public Hearing, Resolutions were approved by both the City Council and the Redevelopment Agency to approve the Disposition and Development Agreement with Pottery Court Housing Associates, L.P. and acceptance of 33433 Summary Report. CHAIRMAN BUCKLEY: Closed the Joint Public Hearing section of the Agenda at 7:53 p.m. BUSINESS ITEM(S) (6) Agency Acquisition of City Real Property for Pottery Court Affordable Housing Project APPROVED Recommendation: (1) Approved Resolution No. 2009 -10 Resolution of the Redevelopment Agency of the City of Lake Elsinore, California, Approving the Acquisition of Certain Real Property from the City of Lake Elsinore, California. (2) Authorized the Executive Director to execute the Certificate of Acceptance any other ancillary documents necessary to effectuate the transfer of the City -owned Real Property to the Agency. Executive Director stated this was also a Joint Item, earlier in the meeting the City Council took action to sell the property to the Agency, and now the Agency needed to vote to purchase the property and to process the appropriate documents. MOTION was made by Agencymember Magee, second by Agencymember Bhutta and unanimously carried to adopt Resolution No. 2009 -10 approving the acquisition of certain Real Property from the City of Lake Elsinore, California, and to authorize the Executive Director to execute the Certificate of Acceptance and any other ancillary documents necessary to effectuate the transfer of the City -owned Real Property to the Agency. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. RDA July 14, 2009 Item No. 2 Page 12 of 18 Lake Elsinore Redevelopment Agency Agenda Regular Meeting of May 26, 2009 Page 9 of 10 (7) Fiscal Year 2008 -09 Third Quarter Budget Report APPROVED Recommendation: Approved the revenue and expenditure budget adjustments proposed for Third - Quarter Fiscal Year 2008 -2009. Acting Administrative Services Director Riley gave an overview of the item, stating the Report reflects a reduction in tax increment due to the reappraisal of property values in all areas, which is the primary contributor to the $3.5 million decrease in revenue. Agencymember Hickman questioned if the drop of revenue is due to the Toss of property taxes. Mr. Riley stated the values of property taxes have declined; residents are having their home's value reassessed which means a reduction in property taxes for them to pay, resulting in less revenue to the cities. MOTION was made by Agencymember Hickman second by Agencymember Bhutta and unanimously carried to approve the revenue and expenditure budget adjustments proposed for Third - Quarter Fiscal Year 2008 -2009. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES None. EXECUTIVE DIRECTOR COMMENTS None. BOARDMEMBER(S) COMMENTS None. RDA July 14, 2009 Item No. 2 Page 13 of 18 Lake Elsinore Redevelopment Agency Agenda Regular Meeting of May 26, 2009 Page 10 of 10 ADJOURNMENT There being no further business to come before the Redevelopment Agency (RDA) Chairman Buckley adjourned the Redevelopment Agency portion of the meeting at 7:54 p.m. for the City Council to conclude their meeting. Mayor Magee reconvened the City Council portion of the Joint Public Hearing at 7:54 p.m. and proceeded with the rest of the City Council Meeting. The next regular meeting of the Redevelopment Agency of the City of Lake Elsinore is scheduled for Tuesday, June 9 2009, at 5:00 p.m. for Closed Session items in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530 followed by the Regular meeting at 7:00 p.m. Debora Thomsen Debora Thomsen, CMC Redevelopment Agency Secretary City of Lake Elsinore, California RDA July 14, 2009 Item No. 2 Page 14 of 18 Page 1 of 4 CITY OF LAKE ELSINORE REDEVELOPMENT AGENCY MEETING MINUTES June 23 2009 (not official until approved) Regular meeting of the Lake Elsinore Redevelopment Agency was held on Tuesday, May 26 2009 in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. The meeting was called to order at 9:01 p.m. by Chairman Buckley who noted all Agency members were present. PRESENT: Chairman Buckley, Vice Chair Bhutta, Agency member Hickman, Agency member Magee, Agency member Melendez. ABSENT: None. Also present: Executive Director Brady, Agency Counsel Liebold, 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) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9 1 potential case CLOSED SESSION REPORT City Attorney Leibold gave an overview of the Closed Session stating there was not reportable action. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE There was no one present who wished to speak regarding a non - agenized item. RDA July 14, 2009 Item No. 2 Page 15 of 18 Lake Elsinore Redevelopment Agency Meeting Regular Meeting Minutes of June 23, 2009 Page 2 of 4 PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES There was no one present who wished to speak regarding an agenized item. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approved the following minute(s): Redevelopment Agency / City Council / Planning Commission / Public Safety Advisory Commission SPECIAL Joint Study Session Meeting Minutes — May 6, 2009. (3) Warrant List Dated June 15, 2009 Recommendation: Authorized payment of Warrant List dated June 15, 2009. (4) Investment Report — May 2009 Recommendation: Received and filed. MOTION was made by Vice Chair Bhutta, second by Agencymember Melendez and unanimously carried to adopt the Consent Calendar as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PUBLIC HEARING(S) None. BUSINESS ITEM(S) (5) Budget Adoption (RDA) Recommendation: Adopted Resolution No. 2009 -011 adopting the Redevelopment Agency Operating Budget for the Fiscal Year 2009 -2010. RDA July 14, 2009 Item No. 2 Page 16 of 18 Lake Elsinore Redevelopment Agency Meeting Regular Meeting Minutes of June 23, 2009 Page 3 of 4 Acting Administrative Services Director Riley gave an overview of the Redevelopment Agency (RDA) revenues and expenditures stating the format of the report was revised. He noted State Proposition No. 8 which is related to State Proposition No. 13, allows property taxes to be readjusted in times of economic downturn. He noted that this was the main reason revenues had dropped 16 percent in tax increment revenue during Fiscal Year 2008 -2009. He clarified the $4 million which is set aside for the Pottery Court project, should it be approved, is not an impact to the RDA budget. Funding for Pottery Court if needed, will come out of the Low and Moderate Housing Fund, not the RDA General Fund. Agencymember Hickman questioned Page 3 of 17 regarding the revenues and expenditures, confirming the revenue is $20 million and the expenses are $19 million, leaving only $1 million to be set aside. Mr. Riley confirmed this. Councilmember Hickman then asked if there was any way to slow the expenses down. Mr. Riley responded, there may be left -over funds from projects when they are completed that could be set aside, noting $2.1 million is currently budgeted for these projects. Chairman Buckley gave an overview of the RDA balances, and stated Redevelopment money keeps the tax local and pays Bond debt. He also noted the City could use an economic boost and generally for the 4 of July revenue is generated for the City. Chariman Buckley offered to pay $15,000. for the fireworks out of the RDA budget. He estimated by the end of this new Fiscal Year, the estimated revenue would be $23 million. MOTION was made by Agencymember Magee, second by Agencymember Melendez to approve the Operating Budget as recommended. Chairman Buckley offered a substitute Motion to approve the Operating Budget and include the expense of $15,000. to pay for fireworks. The Motion failed for a lack of a second. MOTION was made by Agencymember Magee, second by Agencymember Melendez and unanimously carried to adopt the Redevelopment Agency Operating Budget for the Fiscal Year 2009 -2010 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. RDA July 14, 2009 Item No. 2 Page 17 of 18 Lake Elsinore Redevelopment Agency Meeting Regular Meeting Minutes of June 23, 2009 Page 4 of 4 Passed and adopted the following Resolution: "Resolution No. 2009 -011 — A Resolution the Redevelopment Agency of the City of Lake Elsinore, California, adopting the Redevelopment Agency Operating Budget for the Fiscal Year 2009 - 2010." PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES There was no one present who wished to speak regarding a non - agenized item. EXECUTIVE DIRECTOR COMMENTS None. LEGAL COUNSEL COMMENTS None. BOARDMEMBER(S) COMMENTS None. ADJOURNMENT There being no further business to come before the Redevelopment Agency (RDA) Chairman Buckley adjourned the Redevelopment Agency portion of the meeting at 9:09 p.m. for the City Council to conclude their meeting. Mayor Magee reconvened the City Council portion of the Joint Public Hearing at 9:09 p.m. and proceeded with the rest of the City Council Meeting. The next regular meeting of the Redevelopment Agency of the City of Lake Elsinore is scheduled for Tuesday, July 14 2009, at 5:00 p.m. for Closed Session items in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530 followed by the Regular meeting at 7:00 p.m. Debora Thomsen Debora Thomsen, CMC Redevelopment Agency Secretary City of Lake Elsinore, California RDA July 14, 2009 Item No. 2 Page 18 of 18 CITY OF i/�c�, LAKE LSINO R- E ` DREAM EXTREME, REPORT TO THE REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: JULY 14, 2009 SUBJECT: WARRANT LIST DATED JUNE 30, 2009 Discussion The warrant list is a listing of all general checks issued since the prior Warrant List. Recommendation Authorize payment of Warrant List dated June 30, 2009. Prepared By: Frances Ramirez Account Specialist I Reviewed By: James R. Riley Acting Director o Administrative Services Approved By: Robert A. Brady11, Executive Directo RDA July 14, 2009 Item No. 3 Page 1 of 3 JUNE 30, 2009 LAKE ELSINORE WAR I' ANT LIST REDEVELOPMENT AGENCY CHECK# VENDOR NAME AMOUNT 6683 BURKE, WILLIAMS & SORENSEN, L.L.P. $ 21,019.25 6684 C.R. & R. DISPOSAL, INC. 102.73 6685 CITY OF LAKE ELSINORE 96,854.49 6686 E.V.M.W.D. 9,208.26 6687 ELSINORE WATER DISTRICT 4,294.39 6688 KEYSER MARSTON ASSOCIATES 6,782.49 6689 LAKE ELSINORE UNIFIED SCHOOL DISTRICT 15,075.74 6690 MT. SAN JACINTO JR. COLLEGE 1,808.06 6691 PRODUCTION VIDEO 30.00 6692 RIVERSIDE COUNTY OFFICE OF EDUCATION 3,732.79 GRAND TOTAL $ 158,908.20 RDA July 14, 2009 Item No. 3 7/2/2009 Warrant 063009 1 of 1 Page 2 of 3 JUNE 30. 2009 LAKE ELSINORE WARRANT REDEVELOPMENT AGENCY SUMMARY ARC' FUN ;{D# FUND ]DESCRIPTION TO TAL, 910 R.D.A. AREA 1 FUND $ 49,059.51 914 20% HOUSING SET ASIDE 53,828.54 920 R.D.A. AREA 2 FUND 440.83 930 R.D.A. AREA 3 FUND 440.83 933 DEBT SERVICE FUND AREA 3 34,119.24 952 C.F.D. 90 -2 DEBT SERVICE FUND 21,019.25 GRAND TOTAL $ 158,908.20 RDA July 14, 2009 Item No. 3 7/2/2009 Warrant 063009 1 of 1 Page 3 of 3 CITY OF !. LADE aLSINORE REDEVELOPMENT ■I`' AGENCY REPORT TO REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: JULY 14, 2009 SUBJECT: DOWNTOWN MASTER PLAN Backqround Based on public input received in association with both the Civic Center Competition and the General Plan Update process, it became evident that a comprehensive study and plan were needed for the overall Downtown Lake Elsinore area. The City's Redevelopment Agency subsequently authorized City Planning Division staff to team with a qualified private consulting firm to prepare a land use plan and associated development standards for a defined downtown study area. The area is generally located south of Interstate 15 and north of the lakefront between Riley Street and Chestnut Street. The national architecture and planning firm Cooper Carry was selected along with their various sub - consultants and commenced working on the Downtown Master Plan project in November 2008. The consultant's initial task was to become familiar with the myriad of issues associated with the downtown area and tour the area in order to experience the existing conditions and identify the various types of constraints and opportunities. The team then obtained input from City residents and downtown merchants and property owners. Thursday December 4 and Friday December 5, 2008 — Representatives from the economic sub - consultant firm of Economic & Planning Systems conducted a series of interviews at the City Cultural Center with various downtown stakeholder groups including merchants, local developers and realtors to ascertain existing economic conditions within the downtown area and the City as a whole. Saturday Morning December 6, 2008 — The first interactive public workshop was conducted at the City Cultural Center. The purpose of the workshop was to identify the various needs and perceptions associated with the downtown master plan study area. Moreover, clear goals needed to be formulated. RDA July 14, 2009 Item No. 4 Page 1 of 6 Downtown Master Plan July 14, 2009 Page 2 of 6 Some of the main points garnered from the workshop participant's responses included the following: • Need for large public area at the lake front. • Need for a strong downtown connection to the lake. • Need to improve actual or perceived safety issues downtown. • Need to create a civic center in the downtown area. • Need to "reuse" old buildings downtown. Workshop participants were also asked to identify the top five investments which should be made in the downtown area which included the following: • Pier • Downtown Street Improvements • City to Publicly Purchase Land • Lake Boardwalk • City Hall The design team then compiled all the information gathered from their document review and field research along with the various interviews and workshop input and commenced drafting a conceptual land use plan for the downtown study area. Once the land use plan began to take shape, the team's economic sub - consultants commenced drafting a market study for the downtown area so as to ensure that the envisioned land use plan was economically viable based on future anticipated market conditions. Thursday Evening January 29, 2009 — The second interactive public workshop was conducted at the City Cultural Center. The main purpose of the workshop was to unveil the conceptual land use plan to the workshop participants and to receive additional input on topics that needed further clarification after the first workshop. Conceptual Land Use Plan The main concept of the conceptual land use plan is to reconnect the existing downtown area with the lakefront to the south. The concept would be achieved by realigning and extending Main Street directly to the water. Moreover, Lakeshore Drive would be extended west across the existing drainage channel. Given the length of Main Street between the 1 -15 freeway and the lake, and the public's propensity to walk a limited distance, the design team has created five distinct districts that can be walked in five minutes time. The districts include the following: RDA July 14, 2009 Item No. 4 Page 2 of 6 Downtown Master Plan July 14, 2009 Page 3 of 6 Gateway District — This area is composed of the block between Flint Street and I- 15. The district would consist primarily of office buildings up to six stories tall. Limited retail space would also be provided to serve the offices. Garden District — Just south of the Gateway District, the Garden District envisions primarily residential uses allowing residents to live and shop downtown. The Main Street frontage is planned to consist of multi - family housing which appear to be large historic single - family residences with gardens abutting the roadway. Small retail or office uses could be established on the ground floor of the residential buildings. Cultural District — Just north of the Historic District, the conceptual land use plan recommends diverting Main Street around a circle containing a new public library and museum, and the historic Armory building creating a unique environment. The Cultural District also anticipates a performing arts center, which would be supplemented by mixed -use retail and residential uses. Historic District — The heart of downtown Lake Elsinore comprises the three block stretch of Main Street spanning from Heald Avenue to Prospect Street. The primary intent of the Historic District is to preserve the architectural facades of the buildings while allowing for the upgrading of the buildings with a mixture of uses enabling the area to serve as the City's downtown commercial core long into the future. Waterfront District — The conceptual land use plan saves the best for last with significant new investment by the waterfront. Improvements include a City Hall and Civic Center, other governmental offices, a town square, retail space, restaurants, and mixed use development with residential above retail. In addition, the plan envisions an upscale resort hotel adjacent to a new pier on the lake side of Lakeshore Drive. A large waterfront park is also anticipated which will feature a variety of active uses and programmed space. Main Street would terminate on a new pier which would feature a large ferris wheel ride, shops and a restaurant, as well as stands for temporary uses such as a farmers market and other ongoing events. Each of the five proposed districts would have its own specific theme and feel regarding architectural styles, signage and streetscapes. A series of public open spaces with public art would be established throughout the various districts. In addition, several shared public parking structures would be constructed throughout the downtown area so as to serve the parking needs of the general public. The land use plan and the various issues associated with its implementation have been integrated into a comprehensive Downtown Master Plan document (See Attachment No. 1). The document serves as a bold methodology for the long term renewal and revitalization of the City's historic downtown area. An RDA July 14, 2009 Item No. 4 Page 3 of 6 Downtown Master Plan July 14, 2009 Page 4 of 6 integrated process has been utilized to plan and design the land use, urban form, circulation and infrastructure (both grey and green) to create both a high- density pedestrian oriented downtown and a robust world class waterfront park and pier. The plan has the potential to transform the downtown area into a regional destination with landmarks, land uses and amenities that will create a viable, livable and memorable place that the citizens of Lake Elsinore will be proud of for generations to come. Downtown Master Plan Market Study Subsequent to the drafting of the Conceptual Land Use Plan, the economic sub - consultants completed the "Revised Draft Lake Elsinore Downtown Market Study" (See Attachment No. 3). The study examined the market potential for residential, retail, office and hotel development within the downtown study area. The study estimates the following potential real estate absorption rates: Land Use Demand Through 2013 Demand Through 2035 Residential 120 -200 Units 790 -1,470 Units Retail 9,000- 13,000 Square Feet 63,000- 95,000 Square Feet Office 12,000 Square Feet 80,000 Square Feet Hotel 40 -80 Rooms 150 -300 Rooms Downtown Code Upon completion of the Conceptual Land Use Plan, the planning sub - consultant firm Downtown Solutions also commenced drafting a Downtown Code (See Attachment No. 2). The code is a hybrid type of regulatory control which blends conventional zoning, form -based zoning, and municipal (non- zoning) ordinances to create the customized development standards needed to implement the Downtown Master Plan. The code serves to address new development on private property, describes how it will relate to the public realm, regulates permitted uses, and will include standards for ensuring compatibility of the differing uses in what is planned to be an urban environment. Upon adoption, the code will be the single regulatory document for development within the master plan area. The code will supersede the existing zoning code, and other development standards and guidelines currently applicable to the downtown area, although it will make reference to the zoning code wherever appropriate. Topics addressed in the code include, but are not limited to the following: • Provision for appropriate building forms and frontages based on the specific building typology. • Provision for reduced parking requirements. RDA July 14, 2009 Item No. 4 Page 4 of 6 Downtown Master Plan July 14, 2009 Page 5 of 6 • Provision for specific storefront design parameters dealing with solid to void ratios, design basics and sign locations. • Specification of maximum allowable square footages for some ground floor retail uses. • Regulation of outdoor dining and how it impacts the pedestrian environment. The Downtown Code will also include special provisions designed to ensure that the goals of the master plan are implemented. The provisions will include the following: 1. Protection for Non - Conforming Uses and Structures — The code will provide that existing uses within the master plan boundary may continue indefinitely and owners will be allowed to make limited additions, remodel and fully maintain their property during the interim. It will only be when an owner proposes to put a new development on their property that the code requirements will apply. 2. Minimum Development Site — In order to ensure that new development occurs at a scale that will produce the urban environment envisioned in the master plan, the code will require a minimum of one half acre in order to provide for development of sufficient scale to support the intensity of use specified by the FAR's or residential densities of the plan. This requirement will not be a minimum lot size; it only affects the size of a single development project, which will usually be achieved by combining several smaller lots into a building site. This may occur when a single entity purchases adjacent lots or when adjacent neighboring owners enter into a partnering agreement. Improvement Projects and Potential Funding Mechanisms The Downtown Master Plan serves as a long -term vision document for the downtown area which could take twenty to thirty years to fully develop based on future local and national economic conditions. However, there are a few development projects in the downtown area which are either planned or being considered that can serve as catalysts to ensure that the momentum of the master plan does not wane within a short period of time. These projects include the Pottery Court affordable housing complex to be developed at the southeast corner of Langstaff and Pottery Streets, and the Business Incubator facility to be sited across from the existing Cultural Center. In addition, staff continues to receive inquires about potential private developments on an ongoing basis. In order to achieve the vision outlined in the master plan document, a variety of public improvement projects will be required over time including several street RDA July 14, 2009 Item No. 4 Page 5 of 6 Downtown Master Plan July 14, 2009 Page 6of6 and infrastructure improvement projects which should be considered for future inclusion in the City's Capital Improvement Program. These projects vary in complexity and cost. The project consultants have drafted an Improvement Projects & Potential Funding Mechanism List (See Attachment 4) which outlines the necessary projects along with potential funding mechanisms. It should be noted that this list of funding mechanisms is not exhaustive. As each specific project moves forward, staff will seek additional applicable funding sources available at that time. Next Steps in the Process Staff requests that the Redevelopment Agency identify necessary modifications to the attached documents or, if comfortable with the approach and documents, direct staff to incorporate them into the General Plan EIR. Staff will then bring the entire Downtown Master Plan package before the Planning Commission, Redevelopment Agency and City Council for final consideration and adoption at the end of the year along with the General Plan Update, and Housing Element which will all be integrated into a single Environmental Impact Report. Prepared By: Matthew C. Harris, 14` C Senior Planner Reviewed By: Tom Weiner, Acting Director of Com • nity Development Approved By: Robert A. Brady, Executive Directo 1� 1 Attachments 1. Lake Elsinore Downtown Master Plan Document 2. Downtown Code Document 3. Lake Elsinore Downtown Master Plan Revised Draft Market Study Document 4. Improvement Projects & Potential Funding Mechanisms List RDA July 14, 2009 Item No. 4 Page 6of6