HomeMy WebLinkAboutItem No. SA 1AMINUTES
REGULAR REDEVELOPMENT AGENCY MEETING
CITY OF LAKE ELSINORE
31315 CHANEY "STREET
LAKE ELSINORE* CALIFORNIA-
TUESDAY, MAY 25, 1993
CALL TO ORDER
The Regular Redevelopment Agency Meeting was called to order by
Chairman Winkler at 9:39 p.m.
ROLL CALL-
PRESENT: BOARDMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN,
WINKLER.
ABSENT: BOARDMEMBERS: -NONE
Also present were: Executive Director Molendyk, Assistant.
Executive Director Rogers, Legal Counsel Harper, Administrative
Services Director Boone, Community Development Manager Shear, City
Planner Leslie, Community Services Director Sapp, Public Services
Director Tecca, Manager of` Special Projects Watenpaugh, Special
Projects Coordinator Wood, City Treasurer- Pape and Clerk of the
Board Kasad.
PUBLIC COMMENTS - AGENDIZED ITEMS'
The following items were requested and 'deferred to that time in
this meeting:
Item Nos. 7 and S.
CONSENT CALENDAR
The following item was pulled from the Consent Calendar for further
consideration and discussion:'
Item No. 7.. ...
MOVED BY.WASHBURN, SECONDED -BY CHERVENY AND CARRIED BY UNANIMOUS
VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED.
1. The following Minutes were approved:
a. Redevelopment Agency Meeting - May 11, 1993.
2. Received "and ordered filed the - Investment Report for April 30,
1993.
3. Ratified Warrant List for May 14, ^1993
4. Concurred with Council Action to Approve Tentative Parcel Map
27659 - Oak Grove Equities.
5. Concurred with Council Action to Approve Specific Plan 92 -1
and Tentative Tract Map 27223,(Cape of Good Hope) Friendly
Group 7. (Note -` Concurrent Action on this item was with a
vote of 4 to 0 with Winkler abstaining.)
AQENDA ITEM NO.
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PAGE TWO - REDEVELOPMENT AGENCY MINUTES - MAY 25, 1993
6. Concurred with Council Action to Approve Commercial Project
No. 92 -1 "Lake Elsinore Plaza ". (Note - Concurrent Action on
this item was with a vote of 4 to o with Washburn abstaining.)
ITEM
PULLED FROM
CONSENT
CALENDAR
7.
Boat Launch
Acceptance
and Consideration of Expanding Parking.
Chris Hyland read more of the letter from Penny Baker
regarding this project specifically addressing the bid process
and liability of the facility.
Edith Stafford read the est of to letter addressing CEQA
requirements, the Brown Act, etc.
MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 3
TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTE TO CONCUR
WITH COUNCIL ACTION ACCEPTING THE PROJECT AS COMPLETE AND
AUTHORIZING ADDITIONAL GRADING AND DUST CONTROL FOR THE PARKING
AREA.
PUBLIC HEARING
8. Joint Public Hearing - East Lake Specific Plan Environmental
Impact Report 93 -3s Development Agreement and Disposition &
Development Agreement.
Executive Director /City Manager Molendyk explained that this
project has been in formation stages since 1992. He further
explained that on May 5, 1993 the Planning Commission
recommended that the City Council approve Certification.of the
Environmental Impact Report, approval of East Lake Specific
Plan and adoption of Resolution No. 93 -3; and at their May 19,
1993 meeting recommended City Council approval of the
Development Agreement between Eastlake Community Builders and
the City of Lake Elsinore. The Planning Commission suggested
some land use changes, some rezoning on the project, a cap of
2% of debt on the properties as they are developed and
expressed concern regarding the Disposition and Development
Agreement section pertaining to no cross - defaults: Mr.
Molendyk stated that the Developers were present and would
answer any questions.that the Board might have regarding this
project.
Chairman /Councilman Winkler asked if there was. any written
communications.
Clerk of the Board /City Clerk Kasad stated that there was one
letter from Whitestone. Properties, Mr. . Chris Kakkar,
President, requesting a continuance of the official vote on
the project, due to the short notice he received on the
project, until such time as he was able to review the E.I.R.
and the East Lake Specific Plan. Mrs. Kasad reported that
there were other letters distributed to the Board prior to the
meeting by the City Planner with a memo of clarification.
Boardmember /Councilwoman Cherveny expressed concern that she
had just received the information this evening and would like
more time to review it, as it might have some bearing on the
project consideration.. 1
ACIENDA ITEM NO. I " 0..
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PAGE THREE - REDEVELOPMENT AGENCY MINUTES - MAY 251 1993
Chairman/ Councilman Winkler opened the Public Hearing at, 9:55
p.m. and asked for those in favor of the project to speak.
Dan Young, 650 Town Center Drive, STE 1900, Costa Mesa,
representing Eastlake Community Builders presented an overview
of the project and detailed the parties involved in its
planning. He explained the relationship between the Lake
Management Project and East Lake Development Project. Mr.
Young explained that this is a two billion dollar investment
and opens up the rest of the area for development and
investments over the next fifteen to twenty years.
Carmella Loelkes, representing Mr. Peter Lehr spoke in support
of the project.
Fred Fongo; 31361 Columbus Drive, Sun'City, advised that,he
own property within the project and spoke in favor of the
project.
Eric Doering, Legal Counsel for the Lake Elsinore Unified
School District, 4920 Campus Drive, Newport Beach explained
that the School District was requesting a condition to the
project and if the condition is met the District would not
oppose the project. , He suggested that the City set
regulations consistent -with- the County regarding school
mitigation regulations. He stressed that without the
condition the District would protest the project. He
expressed concern with the proposed schools being two miles or
less from the airport.
Ken Howard, called for Council to disclose their interests in
the East Lake Area.
Edith Stafford, stated that she could not understand how a
project could proceed in a flooded area which is not
environmentally stable. She questioned whether the project
would ever be constructed and encouraged the Council to pursue
the project to completion.
Oliver Springer, 757 Treasure Island,' Laguna Beach; property
owner in East Lake Project area, spoke in support of the
project.
Roger Chen, resident of Lake Matthews, property owner in East
Lake Project area, spoke in support of the,project.
Frank Buccella, 3541 Court Side Circle, Huntington Beach,
property owner in East Lake Project, area, spoke in favor of
the project:
Jackson Helton, 33102 Lime Street, spoke in favor of the
project, but questioned the _,.progress of the Outflow Channel
and its impact on this project.
Dan Young stated that he would be contacting the Department of
Transportation in regard to the schools and their conditions
will be met. He further stated that Whitestone Properties was
noticed and contacted personally with meetings occuring
between Eastlake representatives and Mr: Kakkar.
AGENDA ITEM NO. I ' a'
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PAGE FOUR - REDEVELOPMENT AGENCY MINUTES - MAY 25v 1993
Chairman /Councilman Winkler closed the public hearing at 10:32
p.m. and stated that he was part of a partnership that did own
property in the flood plain, however that property was sold
before the beginning of his second term of office an he has
held no such, property in the last three years. He fruther
stated that the note that he held on 15 acres in the flood
plain was paid off a long time ago, and he has no remaining
.interest in the flood plain and has not for a long period.of
time.
MOVED BY WASHBURN# SECONDED BY WINKLER# TO APPROVE ADOPTION OF THE
SCHOOL MITIGATION RESOLUTION AND 1 THROUGH.4 ITEMS FROM THE STAFF
REPORT BASED ON THE FINDINGS AS PRESENTED.
Boardmember /Mayor Washburn addressed the classification of the
Aviation Unit and indicated he would see the deletion of a
part of the definition of Airport Uses Area, airport
facilities are planned to take off and land on this field,
terminal facilities and associated industrial uses in support
of Airport operations and'strike "in support of Airport
operations ".
Chairman /Councilman Winkler asked Boardmember Washburn if the
motion included the school mitigation. Mr. Washburn stated
-that it was part of the motion.
Legal. Counsel /City Attorney Harper reminded the Board that
they would need to have separate actions on the part of the
Redevelopment Agency and the City and there would need to be
separate action on each Ordinance..-
Boardmember /Mayor Washburn advised that lie would like to see
the following changes to the Disposition and Development
Agreement
1. The Lake Management Wetland Mitigation area addressed by
staff removing 1000 units from the land use territory; he
would like to see that redefined in the DDA and he
doesn't want to see a misunderstanding.
2. He would like to see conformity in the wording of the DDA
on page 14 in the third paragraph relating to Agency
property the word '!agrees to sell" to "may sell ".
3. Page 19 of the DDA, drop Level 3 Price from the Agreement
completely.
4. Page 51, item B of the DDA, the City 'should get credit
for any information that the City has or will supply to
the developer.
5. Page 54, line 5, of the DDA, credit should be given to
the City for any allocation that is passed through. Mr.
Young clarified that this would cover any mandates that
would be imposed for affordable housing. There would be
no responsibility to the City for replacement.
6. Page 56, F,1.i.,.wants private costs versus public costs
defined.
7. Page 59, section 4. sub paragraph, strike "bonds" and
• a_
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PAGE FIVE - REDEVELOPMENT AGENCY MINUTES - MAY 25,1993
replace with "debts, including Federal Bureau of
Reclamation loan ".
8. Page 62, -line 5, the figure of.$300,000, instead include
"according _to ; -the schedule for.-the Federal Government
Loan "., -
Boardmember /Mayor Washburn explained that of these his biggest
concern is ,'seeing the number_ of units reduced for the
wetlands.. _.
Legal Counsel /City Attorney,.. Harper ,explained that the
territory covered by the DDA and the Specific Plan should be
.kept in mind.
Boardmember /Mayor Washburn requested that the letter regarding
the stadium be included as part of the record and as part of
the DDA. Legal Counsel /City Attorney Harper explained that
this letter addresses the issue that should the stadium be
financed, they will stand an obligation to loan $10,000,000.
MOVED BY WASHBURN, SECONDED BY WINKLER TO AMEND'THE MOTION TO
REFLECT THE CHANGES TO THE DISPOSITION AND DEVELOPMENT AGREEMENT
REQUESTED BY MAYOR WASHBURN ABOVE._
Boardmember /Councilwoman Cherveny stated that Page 54, E., 10
does not set a time limit for a. loan and suggested that a time
period be .added to the record along with the letter regarding
the stadium. She questioned the presumed elevation of the
lake.
Mr. Young explained the process of the project and the subject
of high water mark of the lake. Mr. Young.further explained
that a letter from the Army Corp'of Engineers stated that the
level of the high water mark is now at 1260f and what the
letter states is that after the levee was built the elevation
is in question.
Boardmember /Councilwoman Cherveny questioned the letter dated
April 14, 1993, from the Army Corp of Engineers, sent to the
Public Services Director,': regarding- the E.I.R. Mr. Young
explained that the letter .stated the items that the Army Corps
of Engineers may wish to look at. Mrs.- Cherveny stated her
concerns regarding the questions that were raised by the
different agencies. Mr. Young advised that his company had
responded to the different_ agencys! concerns -to their
,.satisfaction at this time „and will comply with, any future
requests. - -
Boardmember /Councilman Alongi. questioned the requirements of
the Corps of Engineers and their concerns, and what impact
they, will have on the project., His concerns included the
flood capacity, the Environmental Impact Statement and high
water mark along with'the development of the wetlands. He
further questioned the permit reviews noting that because of
his concerns he feels that the E.I.R. is not adequate and no
E.I.S. has been prepared. ,Mr. -Young stated that, the concerns
of the Army Corps of Engineers address Lake Management and not
specifically the East Lake Project., Boardmember /Councilman
Alongi stated that he did not have a.problem with approving
the design of the project, but rather approving a project with
AGENDA ITEM WO. "C`-
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PAGE EIGHT - REDEVELOPMENT AGENCY MINUTES - MAY 25, 1993
either in phased increments or at full build -out, will be
accommodated safely and without causing undue congestion
upon adjoining streets.
8. Except as.limited by State Law, including SB 1287, the
Specific Plan identifies methodologies to allow land uses
to be adequately serviced by existing or proposed public
facilities and services. Suitable areas are reserved for
schools, parks and pedestrian ways.
9. The overall design of the specific Plan will produce an
attractive, efficient and stable development.
10., The proposed project will not be detrimental to the
health, safety, comfort, or general welfare of the
persons residing or working within the project area or
within the City, nor will it be injurious to property or
improvements in the project area or within the City.
3. APPROVE THE DEVELOPMENT AGREEMENT WITH THE EASTLAKE COMMUNITY
BUILDERS AND ADOPT ORDINANCE NO. 956.
ORDINANCE NO. 956
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH EASTLAKE
COMMUNITY BUILDERS.
APPROVED UPON FIRST READING BY THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: DOMINGUEZ# WAS"HBURNv WINKLER
NOES: COUNCILMEMBERS: ALONGI, CHERVENY
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN:' COUNCILMEMBERS: 'NONE
FINDINGS - DEVELOPMENT AGREEMENT
1 The proposed Development Agreement between Eastlake
Community Builders and the City of Lake Elsinore is
consistent with the City's General Plan and with the East
Lake Specific Plan.
2. The Environmental Impact Report prepared for the East
Lake Specific Plan is adequate and complete for the
proposed Development Agreement.
4. APPROVE THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH
EASTLAKE COMMUNITY BUILDERS AND ADOPT RESOLUTION NO. 93 -29.
RESOLUTION NO. 93 -29 /RESOLUTION R.D.A. NO. 93 -3
JOINT RESOLUTION OF THE LAKE ELSINORE CITY COUNCIL AND THE
LAKE ELSINORE REDEVELOPMENT AGENCY ( "RDA ") AUTHORIZING THE
EXECUTION OF THE REDEVELOPMENT DISPOSITION AND DEVELOPMENT
AGREEMENT ( "DEW ") BY AND BETWEEN THE RDA AND EASTLAKE
COMMUNITY BUILDERS.
A;,EiiDA ITE :I NO. 1 Q 0..
FADE_ LC>F.—
PAGE NINE - REDEVELOPMENT AGENCY MINUTES - MAY 251 1993
UPON THE FOLLOWING VOTE:
AYES: COUNCILMEMBERS /BOARDMEMBERS: DOMINGUEZr WASEBURNp
WINKLER
NOES: COUNCILMEMBERS /BOARDMEMBERS: ALONGIp CHERVENY
ABSENT: COUNCILMEMBERS /BOARDMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS /BOARDMEMBERS: NONE
PUBLIC COMMENTS - NON - AGENDIZED ITEMS
None.
EXECUTIVE DIRECTOR'S REPORT
None.
BOARDMEMBER COMMENTS
None.
CLOSED SESSION
None.
ADJOURNMENT
MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS
VOTE TO ADJOURN THE REGULAR REDEVELOPMENT AGENCY MEETING AT 11:15
P.M.
ATTEST:
VICKI KASAD, CLERK OF THE BOARD
REDEVELOPMENT AGENCY
JIM WINKLER, CHAIRMAN
REDEVELOPMENT AGENCY
AGENDA ITEM N0.
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