HomeMy WebLinkAboutJoint Special MeetingCITY OF ,,�c�
4
LAKE 1 LSIHORT
1 DREAM EXTREME,
NOTICE OF JOINT SPECIAL MEETING OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE
ELSINORE AND THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA
NOTICE IS HEREBY GIVEN that a Joint Special Meeting of the Redevelopment
Agency and the City Council of the City of Lake Elsinore will be held on Thursday,
March 24, 2011, in the Lake Elsinore Cultural Center, 183 N. Main Street, Lake
Elsinore, California, at 5:00 p.m. pursuant to the order of the Mayor of the City of Lake
Elsinore and the Chairwoman of the Redevelopment Agency Board.
A Joint Special Meeting Agenda is attached hereto and incorporated herein by
reference and made a part hereof as though fully set forth herein.
FURTHER INFORMATION, if available, may be obtained by contacting the
Agency Secretary/City Clerk's Office at City Hall (951) 674 -3124.
DATE: March 23, 2011
VIRGINIA 00 ,
AGENCY SECRE RY /CITY CLERK
CITY OF LAKE ELSINORE
CITY COUNCIL AND REDEVELOPMENT AGENCY
JOINT SPECIAL MEETING AGENDA
AMY BHUTTA, MAYOR WWW.LAKE- ELSINORE.ORG
ROBERT E. "BOB" MAGEE, MAYOR PRO TEM (951) 674 -3124 PHONE
DARYL HICKMAN, COUNCILMEMBER (951) 674 -2392 FAX
MELISSA A. MELENDEZ, COUNCILMEMBER
BRIAN TISDALE, COUNCILMEMBER
ROBERT A. BRADY, CITY MANAGER
LAKE ELSINORE CULTURAL CENTER
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
THURSDAY, MARCH 24, 2011 — 5:00 P.M.
The City of Lake Elsinore appreciates your attendance. Citizen's interest
provides the Council and Agency with valuable information regarding issues of
the community.
If you are attending this Joint Special Meeting, please park in the Parking Lot
across the street from the Cultural Center. This will assist us in limiting the
impact of meetings on the Downtown Business District. Thank you for your
cooperation.
In compliance with the Americans with Disabilities Act, any person with a
disability who requires a modification or accommodation in order to participate in
this meeting should contact the City Clerk's Office at (951) 674 -3124, ext. 262.
Notification prior to a meeting will generally enable City staff to make reasonable
arrangements to ensure accessibility.
CALL TO ORDER — 5:00
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENTS — 3 MINUTES
(Please read & complete a Speaker's Form at the Podium, prior to the start of
the Joint Special Meeting. The Mayor will call on you to speak.)
JOINT CITY COUNCIL /REDEVELOPMENT AGENCY CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Gov't Code
Section 54956.9: (1 potential case)
BUSINESS ITEM
Transfer Of Stadium Parking Lot To City And Recordation Of Covenants To
Operate Stadium Parcel And Parking Lot Parcel For Permitted Uses
Recommendation:
It is recommended that the Redevelopment Agency:
1) Authorize the Chairwoman to execute a Grant Deed in such form as
approved by Agency Counsel and any and all documents necessary for the
conveyance of the Parking Lot Parcel from the Redevelopment Agency to the
City of Lake Elsinore.
2) Authorize the Chairwoman to execute a Declaration of Covenants, Conditions
and Restrictions in such form as approved by Agency Counsel any and all
documents necessary to record perpetual covenants burdening the Stadium
Parcel so as to restrict the use of the Stadium Parcel for stadium and event
purposes and restricting the use of the Parking Lot Parcel as Stadium and event
parking.
Recommendation:
It is recommended that the City Council:
1) Authorize the City Manager to execute a Certificate of Acceptance and any
and all documents necessary to accept the conveyance of the Parking Lot Parcel
from the Redevelopment Agency to the City of Lake Elsinore.
2) Authorize the Mayor to execute a Declaration of Covenants, Conditions and
Restrictions in such form as approved by the City Attorney any and all
documents necessary to record perpetual covenants burdening the Stadium
Parcel so as to restrict the use of the Stadium Parcel for stadium and event
purposes and restricting the use of the Parking Lot Parcel as Stadium and event
Parking.
ADJOURNMENT
CITY OF LAKE ELSINORE
CITY COUNCIL AND REDEVELOPMENT AGENCY
JOINT SPECIAL MEETING AGENDA
AMY BHUTTA, MAYOR WWW.LAKE- ELSINORE.ORG
ROBERT E. "BOB" MAGEE, MAYOR PRO TEM (951) 674 -3124 PHONE
DARYL HICKMAN, COUNCILMEMBER (951) 674 -2392 FAX
MELISSA A. MELENDEZ, COUNCILMEMBER LAKE ELSINORE CULTURAL CENTER
BRIAN TISDALE, COUNCILMEMBER 183 NORTH MAIN STREET
ROBERT A. BRADY, CITY MANAGER LAKE ELSINORE, CA 92530
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
THURSDAY, MARCH 24, 2011 — 5:00 P.M.
The City of Lake Elsinore appreciates your attendance. Citizen's interest
provides the Council and Agency with valuable information regarding issues of
the community.
If you are attending this Joint Special Meeting, please park in the Parking Lot
across the street from the Cultural Center. This will assist us in limiting the
impact of meetings on the Downtown Business District. Thank you for your
cooperation.
In compliance with the Americans with Disabilities Act, any person with a
disability who requires a modification or accommodation in order to participate in
this meeting should contact the City Clerk's Office at (951) 674 -3124, ext. 262.
Notification prior to a meeting will generally enable City staff to make reasonable
arrangements to ensure accessibility.
CALL TO ORDER — 5:00
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENTS — 3 MINUTES
(Please read & complete a Speaker's Form at the Podium, prior to the start of
the Joint Special Meeting. The Mayor will call on you to speak.)
JOINT CITY COUNCIUREDEVELOPMENT AGENCY CLOSED SESSION - RA _/
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Gov't Code
Section 54956.9: (1 potential case)
CITY OF
LADE LSINORE
DREAM EXTREMEn
REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
HONORABLE CHAIRWOMAN
AND MEMBERS OF THE REDEVELOPMENT AGENCY
FROM: BARBARA LEIBOLD, CITY ATTORNEY /AGENCY COUNSEL
DATE: MARCH 24, 2011
SUBJECT: TRANSFER OF STADIUM PARKING LOT TO CITY AND
RECORDATION OF COVENANTS TO OPERATE STADIUM PARCEL
AND PARKING LOT PARCEL FOR PERMITTED USES
BACKGROUND
For over 30 years, the Redevelopment Agency of the City of Lake Elsinore (Agency)
has fulfilled its core mission of eliminating blight, increasing, improving and preserving
affordable housing, improving neighborhoods, promoting economic development and
enhancing the quality of life for residents, businesses and community stakeholders.
As part of the economic programs sponsored by the Agency, construction of the Lake
Elsinore Diamond was completed in 1994.
The Lake Elsinore Diamond includes a stadium, seating for approximately 8,000
patrons for baseball (6,066 fixed seats, 11 luxury suites, and a grass berm down the
right field line), concession and related facilities and paved surface parking. With
additional infield and grass seating, the Lake Elsinore Diamond can serve as a venue
for concerts and other entertainment and events with a total seating capacity of 14,000.
The Diamond Club also provides a venue for smaller community events as well as
private parties.
The Agency has leased the Diamond to the Diamond Stadium Group LLC ( "DSG ")
pursuant to that certain Stadium License, Lease and Management Agreement dated as
of July 15, 2007 to utilize the facility as the Lake Elsinore Storm's home field along with
other sporting and entertainment uses. The "DSG Agreement" provides for that the
Agency will commit $300,000 annually for capital repair and improvements to the Lake
Elsinore Diamond facility.
The Lake Elsinore Diamond is a key component of the City's economic growth strategy
and a central feature to the City's "Dream Extreme" sporting and entertainment identity.
Transfer of Stadium Parking Lot to City and Covenants
March 24, 2011
Page 3
designated in the Redevelopment Plan, comply with covenants and other conditions
which the Agency deems necessary to carry out its purposes as set forth in the
proposed Declaration.
The proposed transaction is consistent with the Amended and Restated Redevelopment
Plan for Rancho Laguna Redevelopment Project Area No. III, the Agency's
Redevelopment and Housing Implementation Plan 2009 -2014, the City's General Plan
and the Diamond Specific Plan and is in the best interests of the community.
RECOMMENDATIONS:
It is recommended that the Redevelopment Agency: H T
1) Authorize the Chairwoman to execute a Grant Deed in such form as approved by
Agency Counsel and any and all documents necessary for the conveyance of the
Parking Lot Parcel from the Redevelopment Agency to the City of Lake Elsinore.
2) Authorize the Chairwoman to execute a Declaration of Covenants, Conditions and
Restrictions in such form as approved by Agency Counsel and any and all documents
necessary to record perpetual covenants burdening the Stadium Parcel so as to restrict
the use of the Stadium Parcel for stadium and event purposes and restricting the use of
the Parking Lot Parcel as Stadium and event parking.
It is recommended that the City Council:
R..
1) Authorize the City Manager to execute a Certificate of Acceptance and any and all
documents necessary to accept the conveyance of the Parking Lot Parcel from the
Redevelopment Agency to the City of Lake Elsinore.
2) Authorize the Mayor to execute a Declaration of Covenants, Conditions and
Restrictions in such form as approved by the City Attorney and any and all documents
necessary to record perpetual covenants burdening the Stadium Parcel so as to restrict
the use of the Stadium Parcel for stadium and event purposes and restricting the use of
the Parking Lot Parcel as Stadium and event Parking.
Prepared by: Barbara Leibold, City Attorney /Agency Counsel
Attachments Grant Deed
Declaration of Conditions, Covenants and Restrictions
Orm
RECORDING REQUESTED BY:
Redevelopment Agency of the
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, California 92530
Attention: Agency Secretary
AFTER RECORDATION, MAIL TO:
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, California 92530
Attention: City Clerk
GRANT DEED
(Space above for Recorder's Use Only)
This document is exempt from recording fees
pursuant to Government Code Section 27383
For valuable consideration, receipt of which is hereby acknowledged, this day of
March, 2011, the REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, a
public body, corporate and politic ( "Grantor ") hereby grants to the CITY OF LAKE
ELSINORE, a California municipal corporation ( "Grantee "), certain real property hereinafter
referred to as the "Site" situated in the City of Lake Elsinore, County of Riverside, State of
California, and legally described in Exhibit "A" attached hereto and incorporated herein by this
reference, subject to the existing covenants, conditions, restrictions, reservations, and easements
of record described therein.
1. Grantor excepts and reserves from the conveyance herein described all interest of
the Grantor in oil, gas, hydrocarbon substances and minerals of every kind and character lying
more than five hundred (500) feet below the surface, together with the right to drill into, through,
and to use and occupy all parts of the Site lying more than five hundred (500) feet below the
surface thereof for any and all purposes incidental to the exploration for and production of oil,
gas, hydrocarbon substances or minerals from said Site or other lands, but without, however, any
right to use either the surface of the Site or any portion thereof within five hundred (500) feet of
the surface for any purpose or purposes whatsoever, or to use the Site in such a manner as to
create a disturbance to the use or enjoyment of the Site.
2. Grantee covenants by and for itself and any successors in interest that there shall
be no discrimination against or segregation of, any person or group of persons on account of any
basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are
defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease,
transfer, use, occupancy, tenure, or enjoyment of the Site, or any part of it, nor shall the Grantee
Agency Grant Deed Stadium Parcel 03221 Ldoc
Page I
in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises
herein leased nor shall the lessee himself or herself, or any person claiming under or through him
or her, establish or permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees,
subtenants, or vendees in the premises herein leased."
Notwithstanding the foregoing paragraph, with respect to familial status,
the foregoing paragraph shall not be construed to apply to housing for older persons, as defined
in Section 12955.9 of the Government Code. With respect to familial status, nothing in the
foregoing paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and
799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall apply to the foregoing paragraph.
a. In contracts: "There shall be no discrimination against or
segregation of any person or group of persons, on account of any basis listed in subdivision (a) or
(d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section
12955.2 of the Government Code, in connection with the performance of this contract nor shall
the contracting party himself or herself, or any person claiming under or through him or her,
establish or permit any such practice or practices of discrimination or segregation with reference
to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants,
contractors, subcontractors or vendees with respect to the premises."
Notwithstanding the foregoing paragraph, with respect to familial status,
the foregoing paragraph shall not be construed to apply to housing for older persons, as defined
in Section 12955.9 of the Government Code. With respect to familial status, nothing in the
foregoing paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and
799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall apply to the foregoing paragraph.
3. Except as otherwise provided, the covenants contained in this Grant Deed shall
remain in effect in accordance with the terms and conditions of the Regulatory Agreement. The
covenants against discrimination contained in Section 5 of this Grant Deed shall remain in effect
in perpetuity.
4. To the fullest extent permitted by law or equity, the covenants and agreements
contained in this Grant Deed shall, without regard to technical classification or designation, legal
or otherwise, be binding on the Grantees' successors and assigns and run for the benefit and in
favor of and shall be enforceable by the Grantor and its successors and assigns for the entire
period during which such covenants shall be in force and effect, without regard to whether the
Grantor is or remains an owner of any land or interest therein to which such covenants relate. In
the event of any breach of any of such covenants, the Grantor and such aforementioned parties
shall have the right to exercise all of the rights and remedies, and to maintain any actions at law
or suits in equity or other proper proceedings to enforce the curing of such breach.
Agency Grant Deed Stadium Parcel 03221 l.doc
Page 3
IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be
executed on their behalf by their respective officers thereunto duly authorized, as of the date first
written above.
"GRANTOR"
REDEVELOPMENT AGENCY OF THE CITY
OF LAKE ELSINORE, a public body corporate
and politic
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
LEIBOLD McCLENDON & MANN, P.C.
General Counsel
Executive Director
The undersigned Grantee accepts title subject to the covenants hereinabove set forth.
"GRANTEE"
CITY OF LAKE ELSINORE, a California
municipal corporation
C
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
LEIBOLD McCLENDON & MANN, P.C.
City Attorney
Agency Grant Deed Stadium Parcel 032211.doc
Page 5
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Redevelopment Agency of the
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, California 92530
Attention: Agency Secretary
Project: Lake Elsinore Diamond Stadium
(Space above for Recorder's Use Only)
This document is exempt from recording fees
pursuant to Government Code Section 27383
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
(the "Declaration "), dated as of March 2011, is entered by and between the
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, a public body
corporate and politic ( "Agency ") and the CITY OF LAKE ELSINORE, California municipal
corporation ( "City ").
RECITALS
A Agency owns certain real property located at in the City of Lake Elsinore, County
of Riverside commonly known as the site of the Lake Elsinore Diamond Stadium and legally
described in Exhibit "A" attached hereto (the "Agency Property ").
B. City owns certain real property located at in the City of Lake Elsinore, County of
Riverside that is part of a parking lot adjacent to the Lake Elsinore Diamond stadium and legally
described in Exhibit "B" attached hereto (the "City Property ").
C. In connection with the conveyance by the Agency to the City of the City Property
and n recognition of the significance of the Lake Elsinore Diamond Stadium to the community,
its residents and visitors both as a destination and entertainment venue and as a key stimulus to
the City's economic growth, the City and the Agency have agreed to subject the Agency
Property and the City Property to certain conditions, covenants and restrictions as set forth in this
Declaration.
D. The Recitals are a substantive part of this Agreement.
CC &Rs re Stadium Tsf 03231 Ldoc Page l
Section 3. Perpetual Covenants. The covenants in this Article II shall run with the
City Property in perpetuity.
ARTICLE III
ENFORCEMENT
Section 1. Remedies. Breach of the covenants contained in this Declaration may be
enjoined, abated or remedied by appropriate legal proceeding.
Section 2. Rights of Agency. As a party to this Declaration, Agency is entitled to the
following rights:
a. Agency has the right, but not the obligation, to enforce all of the
provisions of this Declaration.
b. Any amendment to this Declaration shall require the written consent of
Agency.
C. This Declaration does not in any way infringe on the right or duties of the
City to enforce any of the provisions of its Municipal Code.
Section 3. Rights of City. As a party to this Declaration, City is entitled to the
following rights:
a. City has the right, but not the obligation, to enforce all of the provisions of
this Declaration.
b. Any amendment to this Declaration shall require the written consent of
City.
Section 4. Cumulative Remedies. The remedies herein provided for breach of the
covenants contained in this Declaration shall be deemed cumulative, and none of such remedies
shall be deemed exclusive.
Section 5. Failure to Enforce. The failure to enforce any of the covenants contained
in this Declaration shall not constitute a waiver of the right to enforce the same thereafter.
ARTICLE IV
GENERAL PROVISIONS
Section 1. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in all
force and effect.
Section 2. Construction. The provisions of this Declaration shall be liberally
construed. The article and section headings have been inserted for convenience only, and shall
not be considered or referred to in resolving questions of interpretation or construction.
CC &Rs re Stadium Tsf 03231 1.doc Page 3
IN WITNESS WHEREOF, the Agency and City have caused this instrument to be
executed on their behalf by their respective officers thereunto duly authorized, as of the date first
written above.
"AGENCY"
REDEVELOPMENT AGENCY OF THE CITY
OF LAKE ELSINORE, a public body corporate
and politic
C
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
LEIBOLD McCLENDON & MANN, P.C.
General Counsel
Mayor Amy Bhutta
"Nr a
CITY OF LAKE ELSINORE, a California
municipal corporation
IM
Chairwoman Melissa Melendez
ATTEST:
City Clerk
APPROVED AS TO FORM:
LEIBOLD McCLENDON & MANN, P.C.
City Attorney
CC &Rs re Stadium Tsf 03231 1.doc Page 5
10:4.11:3 Y_lwom
LEGAL DESCRIPTION OF CITY PROPERTY
[to be inserted]
N Prepared by.
CITY or City of Lake Elsinore �. 0 City of Lake Elsinore GIS
Data Sources:
L A KC LS I I�E Stadium /Parking Lot County of Riverside GIS
7V�=? DREAM WIREMII LAKE &ESINOREGI$ City Of Lake Elsinore GtS
�° Stateplane NAD 83