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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. PAGE I OF._1� 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.. PAD?E OF a 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' ppGY OF 0 ` 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_ PAC= OF y ' 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`- PAOE 5 OF Q 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. PAGE � OF