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HomeMy WebLinkAbout01-14-2003 RDAMINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 14, 2003 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairwoman Kelley at 10:33 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Acting Fire Chief Shymanski, Police Chief Walsh, Information /Communications Manager Dennis and Clerk of the Board Kasad. CLOSED SESSION None. CLOSED SESSION REPORT None. PAGE TWO — REDEVELOPMENT AGENCY MINUTES PUBLIC COMMENTS - AGENDIZED Requests were received to address the following item and deferred to that discussion: Item No. 5 CONSENT CALENDAR MOVED BY BRINLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: (F:134.3) a. Regular Redevelopment Agency Meeting - November 26, 2002. b. Joint Redevelopment Agency /City Council - December 9, 2002. C. Joint Redevelopment Agency /City Council - December 10, 2002. d. Regular Redevelopment Agency Meeting - December 10, 2002. e. Joint Special Meeting - December 10, 2002. 2. Ratified the following Warrant Lists: (F:12.3) a. December 16, 2002. b. December 31, 2002. 3. Received and ordered filed the Investment Report for November, 2002. (F:12.5) 4. Concurred with Council Action to Approve Tentative Parcel Map No. 30832 - Abbacy Holding Corp. (F:110.2) PAGE THREE — REDEVELOPMENT AGENCY MINUTES BUSINESS ITEMS Lake Elsinore Comprehensive Water Management Agreement. (F:134.7)(X:92.1) Pete Dawson, 18010 Grand Avenue, indicated that he was still confused on this item and questioned if the issue of California Constitutional Article 16 had been addressed. He thanked the Council and staff for making their best efforts to develop the agreement, however noted that he still felt a delay for public input was in order. He expressed appreciation for the efforts of the Council to protect riparian owners, and indicated that he believed the action was acceptable but would confer with his attorney. He indicated that he still questioned the change in water source from a natural to an artificial source, and if the riparian rights would still apply. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COMPREHENSIVE WATER MANAGEMENT AGREEMENT AND AUTHORIZED THE FOLLOWING ACTIONS: 1) THAT BASED ON THE INFORMATION PRESENTED THE BOARD FINDS THAT APPROVAL OF THE AGREEMENT IS EXEMPT FROM CEQA AND DIRECTED STAFF TO FILE A NOTICE OF EXEMPTION. 2) THAT THE MINUTES OF THIS ACTION REFLECT THAT THIS COUNCIL FINDS NEITHER THIS AGREEMENT NOR ANY ACTION TAKEN TO IMPLEMENT THIS AGREEMENT IS INTENDED TO AFFECT WHATEVER RIGHTS A RIPARIAN LAND OWNER MAY HAVE TO THE USE OF THE WATERS IN LAKE ELSINORE. AND PAGE FOUR — REDEVELOPMENT AGENCY MINUTES 3) THAT THE AGENCY CHAIRWOMAN IS AUTHORIZED TO EXECUTE THE AGREEMENT SUBJECT TO THE MODIFICATION OF SECTION 4.3 (TO ADD THE WORDS "LAKE RELATED" PURPOSES) AND SUBJECT TO ANY OTHER MINOR MODIFICATIONS AS MAY BE APPROVED BY THE CITY ATTORNEY. PUBLIC COMMENTS - NON- AGENDIZED ITEMS No Comments. EXECUTIVE DIRECTOR COMMENTS No Comments. LEGAL COUNSEL COMMENTS Legal Counsel Leibold advised that there was no Closed Session discussion this date. She further advised that the RDA had been included as a party to the Comprehensive Water Management Agreement because they were part of the original Fill and Operate Agreement. She clarified that the Agency does not incur obligations under this contract. She also indicated that she was happy to discuss the Constitutional Debt Limit with Mr. Dawson. BOARDMEMBER COMMENTS No Comments. PAGE FIVE - REDEVELOPMENT AGENCY MINUTES ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 10:30 P.M. KELLEY, CHAIRWOMAN ELOPMENT AGENCY ATTEST: VICKI KASAD, CMC, CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 28, 2003 CALL TO ORDER The Regular Redevelopment Agency was called to order by Chairwoman Kelley at 8:48 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: NONE PUBLIC COMMENTS - AGENDIZED ITEMS None requested. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4 and 5. MOVED BY SCHIFFNER, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. PAGE TWO — REDEVELOPMENT AGENCY MINUTES The following Minutes were approved: (F:134.7) a. Regular Redevelopment Agency Meeting - Jan. 14, 2003. 2. Ratified Warrant List for January 15, 2003. (F:12.3) Received and ordered filed the Investment Report for December, 2002. (F:12.5) ITEMS PULLED FROM THE CONSENT CALENDAR 4. RDA Task Force. (F:134.1) Vice Chairman Hickman explained that this item would set up a task force. He further explained that it had been discussed for about a year. He indicated that his goal for the Redevelopment Agency was to look at goals on how to address the older homes downtown. He advised that the task force was being formed to provide input for the Redevelopment Agency to progress and accomplish tasks correctly. Boardmember Brinley expressed support of this item and indicated that it was important to get feedback from the task force. She noted that she was looking forward to making the appointments to the task force at the next meeting. Chairwoman Kelley reminded the Board to bring the names of their appointees to the next meeting. MOVED BY BRINLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT THE REDEVELOPMENT AGENCY TASK FORCE MISSION STATEMENT AND SHORT TERM GOALS AS FOLLOWS: PAGE THREE — REDEVELOPMENT AGENCY MINUTES Task Force Mission Statement To provide community stakeholder input on Redevelopment Agency goals, both short and long term, within budget considerations. To suggest language for an Agency Mission Statement which could be the focus for establishing the goals and objectives. Task Force Goals * Review current Agency goals * Suggest modifications to existing goals * Prioritize short and potential long -term Agency goals * Provide suggestions for Board review of potential Agency Mission/Vision Statement * Return report to Agency Board to coincide with 2003/2004 implementation 5. Resolution Regarding Lake Elsinore Comprehensive Water Management Agreement. (F:92. 1)(X:68. 1)(X: 134.7) MOVED BY BUCKLEY, SECONDED BY HICKMAN CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. RDA 2003 -01 WITH CHANGES TO SECTION 1 TO READ ".....TO AFFECT WHATEVER RIGHTS RIPARIAN LANDOWNERS MAY HAVE......" RESOLUTION NO. RDA 2003 -01 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE CONFIRMING THE REDEVELOPMENT AGENCY'S APPROVAL OF THE LAKE ELSINORE COMPREHENSIVE WATER MANAGEMENT AGREEMENT BY AND AMONG THE CITY OF LAKE ELSINORE, THE REDEVELOPMENT AGENCY OF THE PAGE FOUR — REDEVELOPMENT AGENCY MINUTES CITY OF LAKE ELSINORE AND THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT WAS NOT INTENDED TO AFFECT ANY EXISTING RIGHTS OF RIPARIAN LANDOWNERS. PUBLIC COMMENTS - NON - AGENDIZED ITEMS No Comments. EXECUTIVE DIRECTOR COMMENTS No Comments. LEGAL COUNSEL COMMENTS No Comments. BOARDMEMBER COMMENTS No Comments. ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 8:50 P.M. ATTEST: GF)(IE KELLEY, REDEVELOPMEN' LAD, C C, CLERK OF THE BOARD REDEVELOPMENT AGENCY AGENCY MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 11, 2003 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairwoman Kelley at 8:20 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Police Lt. Featherolf, Information/Communications Manager Dennis and Clerk of the Board Kasad. PUBLIC COMMENTS - AGENDIZED ITEMS None requested. CONSENT CALENDAR MOVED BY HICKMAN, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. PAGE TWO — REDEVELOPMENT AGENCY MINUTES — FEB. 119 2003 The following Minutes were approved: a. City Council/Redevelopment Agency Minutes - January 14, 2003. b. Regular Redevelopment Agency Meeting - Jan. 28, 2003. (F:134.3) BUSINESS ITEM 2. Appointment of the RDA Task Force. (F: 134.1) Chairwoman Kelley noted that each Boardmember was to bring the name of a nominee to this meeting. Executive Director Watenpaugh pointed out that in the format of the Mayor's Task Force Committees, the RDA Chairperson's appointee would chair the committee. Boardmember Buckley noted that there were a host of RDA issues to be addressed by this Task Force; and appointed Bob Magee as his representative to the task force. Boardmember Schiffner appointed Jerry Harmatz. Boardmember Hickman appointed Fred Crowe. Boardmember Brinley appointed John McCann. Chairwoman Kelley noted that she was looking for RDA experience and City business experience to the chair the Task Force and appointed Dan Metze. PUBLIC COMMENTS - NON - AGENDIZED ITEMS No Comments. PAGE THREE — REDEVELOPMENT AGENCY MINUTES — FEB. 119 2003 EXECUTIVE DIRECTOR COMMENTS Executive Director Watenpaugh requested that when Boardmembers make appointments to committees, they also provide an address for their appointee. He advised that staff would proceed to send out packets and orient the Task Force Members. LEGAL COUNSEL COMMENTS No Comments. BOARDMEMBER COMMENTS Boardmember Buckley commented for the Task Force, that they would receive good information from staff, but there was also great institutional knowledge in the Historical Society, especially for the downtown issues. ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 8:23 P.M. ATTEST: NIE KELLEY, CHAIRMAN REDEVELOPMENT AGENCY K/A ASAD, CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 25, 2003 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairwoman Kelley at 5:10 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Community Development Director Brady, Community Services Director Sapp, Information /Communications Manager Dennis, and Deputy Clerk of the Board Paredes. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code §54965.8) Property: A.P.N. 373 - 210 -040 & 371 - 030 -021 (Lake Elsinore Diamond Stadium and parking lot) Negotiating Parties: Impact Capital Consulting, L.L.C. and the Redevelopment Agency of the City of Lake Elsinore Under Negotiation: Price and Terms (F:52.1)(X:40.1) Legal Council Leibold announced the Closed Session discussion topic as listed above. PAGE TWO — REDEVELOPMENT AGENCY MINUTES THE REGULAR REDEVELOPMENT AGENCY MEETING WAS RECESSED TO CLOSED SESSION AT 5:12 P.M. RECONVENE PUBLIC SESSION (7:00 P.M. Chairwoman Kelley reconvened the Regular Redevelopment Agency Meeting in public session at 9:36 p.m. CLOSED SESSION REPORT Legal Counsel Leibold announced that the Redevelopment Agency Board met in Closed Session as listed above, with noreportable action. PUBLIC COMMENTS - AGENDIZED ITEMS No Comments. CONSENT CALENDAR MOVED BY BRINLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following; Minutes were approved: a. Joint City Council/Redevelopment Agency Meeting — January 28, 2003. b. Regular Redevelopment Agency — January 28, 2003. (F:134.3) 2. Ratified Warrant List for February 13, 2003. (F:12.3) 3. Received and ordered filed the Investment Report for January, 2003. (F:12.5) 4. Concurred with Council Action to Approve Commercial Project No. 2002- 03 "Washington Mutual Bank'— Thrane Company. (F:58.2) PAGE THREE — REDEVELOPMENT AGENCY MINUTES PUBLIC COMMENTS — NON - AGENDIZED ITEMS No Comments. EXECUTIVE DIRECTOR COMMENTS No Comments. LEGAL COUNSEL COMMENTS No Comments. BOARDMEMBER COMMENTS No Comments. ADJOURNMENT MOVED BY BUCKLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR REDEVELOPMENT AGENCY MEETING AT 9:36 P.M. ',rte% GENIE KELLEY, CHAIRWOMAN REDEVELOPMENT AGENCY ATTEST: VICKI KAS D, CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES JOINT CITY COUNCIL /REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 25, 2003 CALL TO ORDER Mayor Pro Tern Schiffner called the Joint Study Session to order at 4:03p.m. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, KELLEY COUNCILMEMBERS: BRINLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Information/Communications Manager Dennis, Lake Operations Manager Kilroy, Finance Manager Magee, Public Works Manager Payne and Deputy City Clerk Gibbons. DISCUSSION ITEMS (F:44.1) City Manager Watenpaugh noted that Mayor Brinley was in Washington D.C. for a conference with the Valley Group. He provided a brief overview of the policy papers Mayor Brinley was presenting to the Valley Group. Councilman Hickman addressed Item No. 1 e, Minutes and requested that corrections be made to page 7 of 10 regarding the amount of revenues. He also addressed Item No. 2 and requested clarification of several checks included in the Warrant List. Finance Manager Magee provided clarification. He indicated that he would like to go to bid for a new electrical contractor since D &S Electric relocated to Murrieta. Councilman PAGE TWO - STUDY SESSION — MARCH 11, 2003 Buckley concurred. There was further discussion and clarification of the Warrant List. Councilman Buckley addressed Item No. 2, Warrant List and requested clarification for various checks issued. City Manager Watenpaugh provided clarification. Councilwoman Kelley addressed Item No. 4, Resolution of Support and indicated that she would pull it for comment. Councilman Buckley addressed Item No. 5, Disposal of Surplus Equipment Community Services Director Sapp provided an overview of the surplus property and noted that the surplus was due to the replacement of outdated equipment. There was discussion on the procedure for the sale of surplus City property. Councilman Hickman addressed Item No. 6, Notice of Completion for Lakeshore Drive Bridge Habitat Restoration. City Manager Watenpaugh provided an overview of the item. Councilman Hickman addressed Item No. 21, Tentative Parcel Map No. 30302. City Manager Watenpaugh provided an overview of the item. There was discussion on the location of the parcels and the future plans of that area. City Manager Watenpaugh provided a general overview of Item No. 31. City Attorney Leibold noted that it would be passed by a Roll Call Vote Councilman Hickman addressed Item No. 32 Penalty Fines for Administrative Citations. City Attorney Leibold indicated the maximum fine allowed according to the law. Councilman Hickman requested clarification as to the procedures for issuing citations. City Manager Watenpaugh provided clarification as to the citation process. Community Development Director Brady indicated that the process did not preclude a warning. Councilwoman Kelley addressed the issue of prohibitive signs. City Attorney Leibold noted that the property owner was responsible for the PAGE THREE - STUDY SESSION — MARCH 11, 2003 sign. City Manager Watenpaugh addressed the issue of a sign posted in a public Right -of -Way. City Attorney Leibold noted that the City could pull those signs but in order for a citation to be issued, the officer would be required to witness the installation of prohibited sign. Councilman Buckley addressed the fine amounts and requested clarification of the specific descriptions of violations. There was discussion on the violation summaries. Councilman Buckley requested the definition of clothesline. City Attorney Leibold provided clarification as per the Municipal Code. She noted that any changes to the Resolution proposed by Council would need to be made by an Ordinance amending the Municipal Code. Lake Operations Manager Kilroy provided an overview of Item No. 33, addressing the Lake Destratification System. He noted that this item was brought to Council for consideration of including additional Axial Flow Pumps to the system. He noted that the change was recommended by LESJWA's Technical Advisory Committee. Councilman Buckley clarified approval from LESJWA and Lake Operations Manager Kilroy confirmed. There was further discussion regarding the plans and safety measures of the docking stations. Councilman Buckley inquired if the control station could be moved. Lake Operations Manager Kilroy noted the different locations for the service panels. There was discussion about the wiring method used and the type of cable used. Lake Operations Manager Kilroy provided an overview of Item No. 34, Professional Services Agreement. He indicated that LESJWA supported the project and the costs and provided and explanation of their function in the project. Cit Manager Watenpaugh noted that Lake Operations Manager Kilroy had handled the project very well and that he was meticulous with the details of the project. Councilman Hickman addressed the issue of wasted recycled water. City Manager Watenpaugh noted that EVMWD and EM" were required to pull permits to add water to the lake. City Manager Watenpaugh provided an overview of Item No. 35, request for use of City Buses and staff and the funding of the transportation. He noted that the sponsorship should supply the funding and insurance of the transportation. Mayor Pro Tern Schiffner questioned the use of City owned PAGE FOUR - STUDY SESSION — MARCH 11, 2003 buses. City Manger Watenpaugh noted that those buses had no drivers. Councilwoman Kelley stated that the schools should be responsible for transporting their students. City Manager Watenpaugh concurred and noted the measures which would need to be taken in order to fulfill the request. Councilwoman Kelley stated that the school should transport them. Mayor Pro Tem Schiffner concurred. REDEVELOPMENT AGENCY Councilman Buckley addressed Item No. 2, Warrant List and requested clarification of checks issued. Finance Manager Magee provided clarification. Councilman Hickman questioned as to when the RDA committee would meet. City Manager Watenpaugh noted that the committee would meet on April 3`d at 4:00 p.m. Councilwoman Kelley stated that her appointee to the committee declined due to health related reasons and she would appoint another person. City Attorney Leibold announced the closed session items as listed. ADJOURNMENT THE JOINT CITY COUNCIL /REDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 5:01 P.M. YOR CITY►OF GENIE KELLEY, CHAIRWOMAN PAGE FIVE - STUDY SESSION — MARCH 11, 2003 Respectfully submitted, Lisa Gibbons, City Clerk's Office ATTEST: z� � J VIc SAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 8, 2003 CALL TO ORDER Mayor Brinley called the Joint Study Session to order at 4:08p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, KELLEY, BRINLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Information /Communications Manager Dennis, Lake Operations Manager Kilroy, Finance Manager Magee, Public Works Manager Payne and Deputy City Clerk Gibbons. DISCUSSION ITEM — AGENDA REVIEW (17:44.1) Mayor Brinley noted that she would be adding a presentation to the Meeting which would announce the commendationof our troops at the Mayor's Prayer Breakfast. She gave an overview of the information which would be included in the Presentation. Mayor Pro Tem Schiffner also noted that he would like to commend Jessica Lynch for her heroism in her performance in Iraq. City Manager Watenpaugh noted that Jack McColley would represent the Chamber of Commerce Presentation and that the City's I I 5 Birthday would be announced. PAGE TWO - STUDY SESSION — APRIL 8, 2003 Councilman Buckley addressed Item No. lb, the Minutes for March 11, 2003 and noted corrections to be made to those minutes. Councilman Hickman addressed the Item No. 2, the Warrant List and requested clarification for checks issued. There was discussion on various checks issued and the purposes of those payments. Councilman Hickman addressed Item No. 3, Claim Against the City and requested clarification of the location that the damage wasincurred. Public Works Manager Payne provided clarification. , Councilman Buckley addressed Item No. 4, Notice of Completion for the Outlet Channel Landscape Project, and asked about the funds left over after the completion of the project. City Manager Watenpaugh noted that those funds would go to the agency that provided them. He further addressed Item No. 6, Extension of Weed Abatement Contract and requested clarification on the end of the calendar year or the fiscal year. CDD Brady indicated that it would go through to the end of the calendar year. There was discussion on the termination clause when the City staff began to do the weed abatement. There was further discussion on contracts and the authority the City had regarding the legal status of the contractors and their employees. Councilman Buckley addressed Item No. 7, Pavement Management System Update, and requested clarification of the item. Public Works Manager Payne provided an overview of the item and noted that i did not include a specific schedule for street maintenance. Mayor Pro Tem Schiffner noted that the contract provided ratings for each street in the City. Public Works Manager confirmed and further noted that the system would be used with the GIS system. City Manager Watenpaugh noted that staff would be presenting a report to Council for the purpose of building a capital improvements program. City Manager Watenpaugh addressed Item No. 21, Declaration of Weeds, Rubbish, Refuse and Dirt as a Nuisance and explained that it was an annual item. He provided an overview of the purpose of the item. There was general discussion on the abatement process. PAGE THREE - STUDY SESSION — APRIL 8, 2003 City Manager Watenpaugh addressed Item No. 22, Development Agreement between Como at Tuscany Hills Corp. and the City of Lake Elsinore and provided a general overview of the item. He noted that there were developments in process in the City which did not have development agreements. He indicated that an adjourned meeting would be scheduled to discuss assisting specific developers in exempting them from the TUMF. Councilman Buckley clarified the fees the developer would be responsible for. City Attorney Leibold explained the purpose of the statutory provisions and since MSHCP was not an adopted program, it was not applicable to projects that have begun. She provided an overview of the plan for the first five years and noted that the exemptions needed to be expressly stated. She noted that the purpose of the development agreement was to provide certainty to the developer in order for them to have certainty of the rules and laws that apply to them. She further noted that after the passing of five years all applicable laws would apply to the developers. She indicated that Council could approach the issue in another manner. She further noted that all developments were subject to State and Federal Laws. There was discussion on the issue of open space responsibility and dedication. City Manager Watenpaugh addressed Item No. 23, Development Agreement between Urban Pacific Builders and the City. City Attorney Leibold noted grammatical and clerical errors in the agreement that would need to be addressed. She further noted additional provisions and language the developer requested to be added in to the agreement. She indicated that amendments would affect section 3.2 of the agreement. Mayor Pro Tem clarified the location of the property. City Manager Watenpaugh addressed Item No. 24, Development Agreement between DEH, LLC and the City. He provided an overview of the project and noted that if the developer was not exempt from the TUMF, the project would be delayed for five years. Councilman Buckley addressed the issue of property ownership. City Attorney Leibold stated that a statute permitted the City to enter into agreements with fee owners or persons with an equitable interest. Councilman Buckley addressed the fees in place. PAGE FOUR - STUDY SESSION — APRIL 8, 2003 City Manager Watenpaugh addressed Item No. 25, Termination of Development Agreement between the City and First Financial. City Attorney Leibold provided an overview of the history of the agreement. She noted that the ordinance was a housekeeping matter which would allow the City to record with the County and remove the agreement from the record. City Manager Watenpaugh addressed Item No. 26, TUMF and noted that the item had returned to the table. He further noted the changes to page two of the Administrative Plan. Councilman Buckley clarified the reason for the correction. There was discussion regarding the corrections to the Plan. Mayor Brinley noted that she preferred to use the verbiage used by the City Attorney in the Plan. There was discussion on the language of the ordinance. Community Development Director Brady indicated that there would be correction on sections of the ordinance. City Attorney Leibold noted the sections which required corrections. City Manager Watenpaugh addressed Item No. 31, Lake Elsinore Triplex Project — RaeBrooke Homes and provided an overview of the project. He noted the location of the project. Community Development Director Brady provided an explanation of the O & M requirements of the property owners. Councilwoman Kelley inquired as to their participatim of the Crime Free Multi Family Housing Program. Community Development Director Brady confirmed. City Manager addressed Item No.32, Collier Ave. Gas Line, and provided an overview of the item. He detailed the location of the gas line and the estimated cost for the project. He further detailed the participation of the Gas Company and Castle & Cooke would have in the project. There was discussion regarding the estimated time frame and the positive effects this project would have on the future development in the Outlet Center area. REDEVELOPMENT AGENCY City Attorney Leibold announced the closed session items as listed. PAGE FIVE - STUDY SESSION — APRIL 8, 2003 ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION RECESSED TO CLOSED SESSION AT 5:27 P.M. P'A"IVIMA B B<fLM, MAYA CITY OF E AKE ELSINORE KELLEY, CHA OMAN IELOPMENT AGENCY Respectfully submitted, A6L vqpjNl� Lisa Gibbons, Deputy City Clerk AT ST: VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 22, 2003 CALL TO ORDER Mayor Pro Tern Schiffner called the Joint Study Session to order at 4:1 Ip.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: HICKMAN, BRINLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Information/Communications Manager Dennis, Finance Manager Magee, Public Works Manager Payne and Deputy City Clerk Gibbons. DISCUSSION ITEMS (F:44.1) City Manager Watenpaugh noted that there would be representatives present at the City Council Meeting to accept the Presentations. He indicated that the Business of the Year was Pardee. Councilman Buckley requested clarification for various check issued from Item No. 2, the Warrant List. Councilwoman Kelley addressed Item No. 31, Second Reading— Ordinance No. 96 — Regarding the Transportation Uniform Mitigation Fee Program. City Attorney Leibold provided an overview of the letter sent to WRCOG regarding the issues of concern Council had with the TUMF. She explained PAGE TWO - STUDY SESSION — APRIL 22, 2003 the responses WRCOG provided to the individual concerns of Council. She noted her first concern regarding the developer exemption from the TUMF and explained that any residential developer who pulled a building permit prior to July 1, 2004 would be exempt from the TUMF. City Manager Watenpaugh clarified that new development agreements were not exempt from the TUMF unless_ a building permitwas pulled prior to July 1, 2004. City Attorney Leibold further explained that no project could be permanently exempt from TUMF unless the developer had a vested interest in the project prior to July 1, 2004. Councilwoman Kelley addressed the second issue of concern and statedthat there was no objection to the language clarification from WRCOG. City Attorney Leibold addressed the third issue regarding the indemnity language. She stated that WRCOG would not support a City if their ordinance format was not used. She fated her concern was that WRCOG was the administrator and that the ordinance was in their form. She noted that there had been discussion regarding the verbiage of the ordinance. She further noted that WRCOG had been diligent in their efforts to resolve the issue of indemnity, however there was no resolution to date. City Manager Watenpaugh addressed theissue of credit, and noted that the method WRCOG would use had not been clarified. City Attorney Leibold confirmed. Councilwoman Kelley stated that other cities had similar concerns and the proposed ordinance exposed the City to significant legal issues. City Attorney Leibold confirmed and clarified that the adoption of the ordinance did not promote a cause of action from a developer. She explained that when the fee is implemented would be when a report of damages could arise. There was discussion on how many lawsuits there were in other cities. City Manager Watenpaugh noted that the City could go forward without a resolution to the issue and retain the option to back out of the program. There was further discussion regarding the TUMF fees and the system in place by WRCOG. There was continued discussion regarding the participation of surrounding cities despite the cost and risk of the program to those cities. Mayor Pro Tern Schiffner noted that WRCOG should defend any city that administered the TUMF according to their program. City Attorney Leibold confirmed the ambiguity of the program presented by WRCOG and stated that they should defend the City in the event of any lawsuit. There was discussion regarding the possibility of a lawsuit filed against the City by a builder in the event of an alleged PAGE THREE - STUDY SESSION — APRIL 22, 2003 misuse of funds. Councilman Schiffner addressed the issue of spending in the other zones. City Attorney Leibold indicated that a Zone Committee would be implemented to oversee the spending of zone dollars. Mayor Pro Tern Schiffner indicated that a unanimous decision from the committee would decide the spending of those funds. City Attorney Leibold concurred. There was discussiomregarding the committee member who would represent of the City of Lake Elsinore. City Attorney Leibold addressed the issue of Administrative Costs and indicated that WRCOG did not support the implementation of an administrative cost associated with the TUMF. There was discussion regarding the costs associated with the additional time to implement the process. City Manager Watenpaugh suggested Council specify their concerns to Councilman Buckley so that he could take them to the ExecutiveCommittee meeting. He also indicated that it would benefit Council to attend future meetings and voice those concerns. Mayor Pro Tern Schiffner questioned whether these concerns had been raised by other agencies at the meetings. Councilman Buckley provided brief clarification as to the concerns of other cities. Councilman Schiffner stated his concern with the issue of indemnification. City Manager Watenpaugh suggested approval of the item pending modification of the indemnification language. City Manager Watenpaugh addressed item No. 32 Budget Appropriation for Information Technology Consulting Services and deferred question to Information/Communications Manager Dennis. Councilman Buckley requested clarification as to the time frame of the process. Mr. Dennis stated that there was a ten week cycle and phased approach and the consultants were prepared to begin the project. Councilman Buckley addressed Item No. 33 regarding Industrial Project for Empire Self - Storage. He indicated his approval of the design. There was discussion regarding the dedication of Collier Ave. and the width of the street in that area. There was further discussion regarding the General Plan. PAGE FOUR - STUDY SESSION —APRIL 22, 2003 Councilman Buckley addressed Item No. 35, McVicker Park Fire Station and Community Development Director Brady provided an explanation of the item. REDEVELOPMENT AGENCY (F:134.1) Chairwoman Kelley addressed Item No. 4, Stadium Signage. City Manager Watenpaugh provided an overview of the advertising allowance is stated in the contract between the City and the Storm. He indicated that Dave Oster was present to represent the Storm. City Attorney Leibold explained the advertising elements in the contract and noted the concern with the proliferation of advertising. She further explained that the addition of the element to the contract was not a big issue. Mr. Oster stated that the addition of the sign on the storage shed would increase adverising revenue significantly. He noted that the sign was a mesh banner which could be removed and would not be a permanent fixture to the stadium. Mayor Pro Tem Schiffner clarified that the revenue from the ad would go to the team. City Manager Watenpaugh confirmed. Mr. Oster indicated_ that the team had considered holding a fund raiser to benefit the lake. ADJOURNMENT City Attorney Leibold stated that there were no closed session items listed. THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION ADJOURNED-AT 5:27 P.M. MA CITY OF PAGE FIVE - STUDY SESSION — APRIL 22, 2003 GE• i KELLEY, REDEVELOPME Respectfully submitted, Lisa Gibbons, Deputy City Clerk A EST: VICKI KASAD CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 22, 2003 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairwoman Kelley at 7:55 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BRINLEY, BUCKLEY, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: HICKMAN Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Community Development Director Brady, Community Services Director Sapp, Police Chief Walsh, Finance Manager Magee, Information /Communications Manager Dennis, City Treasurer Judziewicz, and Clerk of the Board Kasad. PUBLIC COMMENTS - AGENDIZED ITEMS None Requested. CONSENT CALENDAR MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: Page Two — Redevelopment Agency Minutes — April 22, 2003 a. Joint City Council/Redevelopment Agency Study Session - April 8, 2003. (F:134.3) b. Regular Redevelopment Agency Meeting - April 8, 2003. 2. Concurred with City Council Action to Approve Industrial Project No. 2002- 05 "Empire Self- Storage ". (F:86.2) 3. Concurred with City Council Action to Approve Industrial Project No. 2002- 06 "P & M Land Ventures ". (F:86.2) BUSINESS ITEMS 4. Stadium Signage. (F:134.10) Executive Director Watenpaugh noted that this was a request for additional advertising at the Stadium. He explained that the staff recommendation was to deny the request, based on the original negotiations with the Storm. He further explained that there had been considerable discussion of the advertising which would impact the aesthetic value; and the previous Council said they did not want additional advertising. He clarified that staff had no concerns either way, but noted the past Council direction. Boardmember Buckley noted for those viewing at home, that next to the electronic scoreboard, and over the fence there was a maintenance shed; and the shed would be topped by a mesh sign. He noted that it would be able to be taken down, so it would not be permanent; and commented that aesthetically comparing the sign to the shed roof would be better. He noted that the General Manager had been present at the afternoon meeting and discussed the Storm's efforts to be more active in the community. Boardmember Schiffner indicated that he was in favor of doing whatever possible to improve the Storm's financial position in town. He supported Page Three — Redevelopment Agency Minutes —April 22, 2003 this action to allow them to participate in other activities in the community. Boardmember Brinley indicated that there was no issue with this request, except that staff could not give permission for the signage, as the contract required that any signs come back to the Board to see before they are approved. She stressed that the Redevelopment Agency was ultimately responsible for what was at the Stadium. She commented that the community and the City Council wanted to support the team and their efforts. She indicated that she was very pleased with the contract with the Storm and would like to continue the good working relationship. She stressed that she wanted to support this item, but wanted to know what they were going to do. Chairwoman Kelley commented that she also wanted to support the team as much as possible. She noted that the sign would be temporary, but there was someone interested in purchasing the rights. Executive Director Watenpaugh noted the advertising element, which would need to be submitted to the Executive Director and Staff for review. Legal Counsel Leibold clarified that the Board could specify that it came back to them or to staff. MOVED BY SCHIFFNER, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE SIGNAGE, BASED ON THE CONDITION THAT STAFF WILL REVIEW THE DESIGN OF THE SIGN BEFORE PLACEMENT. PUBLIC COMMENTS - NON - AGENDIZED ITEMS No Comments. Page Four — Redevelopment Agency Minutes — April 22, 2003 EXECUTIVE DIRECTOR COMMENTS No comments. LEGAL COUNSEL COMMENTS No comments. BOARDMEMBER COMMENTS No comments. ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 8:04 P.M. GXE KELLEY, C Al R N DEVELOPMENT AGENCY ATTEST: L- )J VICKI KASAD, CMC, CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 139 2003 CALL TO ORDER The Joint Study Session was called to order by Mayor Pro Tern Schiffner at 4:05 p.m. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER BRINLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Finance Manager Magee, Information/ Communications Manager Dennis, Public Works Manager Payne, Deputy City Clerk Ray and City Clerk/Human Resources Director Kasad. DISCUSSION ITEM Agenda Review (17:44.1) Consent Calendar City Manager Watenpaugh advised that Consent Item No. 9 should be continued to the next meeting for clarification of the numbers. Page Two — Study Session Minutes — May 13, 2003 Mayor Pro Tem Schiffner noted the Proclamations; and indicated that he was present at the program when the Sheriff presented the commendations to the officers, and expressed hopes that they would be in attendance this evening. Councilman Hickman questioned the Claims Against the City. Staff clarified the locations, two of which were outside the City limits. Councilman Hickman inquired with regard to a number of Warrants. Staff clarified the purpose of each Warrant in question. Councilwoman Kelley further questioned the Claims Against the City, and reiterated that they were in the County and not the City. City Manager Watenpaugh confirmed. Councilman Hickman questioned the stop sign. City Manager Watenpaugh confirmed that it was located in the County. Councilwoman Kelley inquired if the Claimants had been notified. City Clerk Kasad clarified that they would be notified following Council action. Councilman Hickman questioned the claim at Corydon and Grand. City Manager Watenpaugh indicated that it was just inside the City. City Manager Watenpaugh addressed Item No. 9 regarding the Final Maps for Abbacy, noting that he tired to call Mr. Kipp this afternoon with regard to the parcel splits. He clarified the concerns for the apportionment and explained the procedure to finalize the action. He indicated that the assessments were incorrect and he could not get in contact with Mr. Kipp, so he was gambling on a two week continuance to prevent additional costs. Councilman Hickman questioned the parcel and how it was to be split. Staff clarified the configuration and the parcels to be split. Councilman Hickman questioned the resolution in support of the post office. City Manager Watenpaugh explained that it was provided at the request of Councilman Buckley and based on the Mayor's meeting with Congressman Issa. He further explained that the post office was not building new buildings, but moving toward Page Three — Study Session Minutes — May 13, 2003 renovation and relocation. He advised that for them to receive funding to improve their facility, they needed local support to get them into the process. Councilman Buckley indicated that the roof was being repaired today, and noted that there would be some postal workers present with photos from the Spring rains. He questioned the potential for renovation, noting that they did not own the building. City Manager Watenpaugh clarified that the City could inspect for problems, but could not require that they be repaired unless they were health hazards. Councilman Buckley noted a conversation with OSHA, in which they were trying to figure out who was in charge of the facility; and noted that if someone was on the roof to inspect the damage and fell through, it would be OSHA, but if the roof just fell in it would be the City and State. City Manager Watenpaugh further clarified that the City would have no jurisdiction to go on site, unless a complaint was received. Mayor Pro Tem Schiffner noted that this would be similar to school buildings. Public Hearings Councilman Hickman questioned why "Cottonwood" was changing to "Canyon Hills ". City Manager Watenpaugh indicated that the name had been changed to develop a new identity. Councilman Buckley noted the configuration of smaller lots expanding outward to larger lots, and indicated that the grouping made sense. He inquired if all of the resident children would go to the two schools being built. Councilwoman Kelley noted that there was another school being planned for the area. City Manager Watenpaugh noted that he was not sure that one would go forward. Community Development Director Brady indicated that efforts were underway with the School District to determine the boundaries, and pointed out the Menifee school site, vs. the LEUSD School Site. City Manager Watenpaugh indicated that there were three schools in the plan as of right now. Councilwoman Kelley questioned Lost Hills Road. Community Development Director Brady indicated that Pardee had agreed to put up funds and the County would pave the road. Page Four — Study Session Minutes - May 13, 2003 Mayor Pro Tem Schiffner questioned the major changes to the plan proposed by this request. Community Development Director Brady indicated that there were modifications to the lot sizes, an additional school site, the park site had been shifted and an interior commercial site had been eliminated. He provided an overview of the remaining plan areas and the fire station site. Mayor Pro Tem Schaffner questioned the timing for operation of the fire station. Community Development Director Brady that they would be allowed to finish the tract under discussion tonight, however the Station would have to be done before further development could occur. City Manager Watenpaugh indicated that there would be a meeting on Friday to address the Community Facilities District for the Maintenance and Operation of the Fire Station. Councilwoman Kelley questioned the timing for the commercial time line. Community Development Director Brady indicated that Pardee was talking with a shopping center developer for some type of supermarket and additional uses; and noted that based on the pace of development they might be able to accelerate that portion of the project. There was general discussion of other components of the plan and the future development. Mayor Pro Tem Schiffner questioned the number of homes built to date. Community Development Director Brady indicated that there were close to 500 homes built to date; and noted that Pardee had a total of 173 lots, of which about '' /z were either built or under construction. Councilman Hickman questioned the timing to complete the units. Community Development Director Brady indicated that there were a maximum of 4,275 units in the plan; and noted that the market was still very strong. He explained that the market would have a lot of impact on the completion of the units. Councilman Buckley questioned the multi - family lots. Community Development Director Brady indicated that the product was not yet defined, but one proposal would be for detached lots. Councilman Buckley inquired if it would be apartments. Community Development Director Brady reiterated that the project was not yet designed. Councilman Buckley commented that he would not be surprised to see a lot of the apartment areas converted to condominiums. Page Five — Study Session Minutes — May 13, 2003 Community Development Director Brady indicated that there had been a lot of interest expressed toward condos on -site, but noted that there was some flexibility for a product on smaller lots. He noted that some lots were as small as 4,800 square feet, and they sold very quickly. Business Items Councilwoman Kelley questioned the proposed restaurant on Main Street, and noted that it would be the first new building on Main Street in many years. Community Development Director Brady provided diagrams of the proposed building and noted that it would be a Sub and Pizza Shop. City Manager Watenpaugh noted another lot which had been graded on Main Street, and suggested that there might be more building activity in the near future. Councilman Buckley noted that this project would be providing no new parking. Community Development Director Brady explained that there was already a parking lot in place which could serve the business. Mayor Pro Tem Schiffner questioned the inclusion of an apartment upstairs. Councilman Buckley questioned the side elevation of the building. Community Development Director Brady indicated that there was no apartment upstairs and indicated that the building would be taller than the adjoining building. City Manager Watenpaugh clarified the height of the proposed building. Mayor Pro Tem Schiffner indicated that the building looked nice. Councilwoman Kelley concurred that it would be a nice addition. Councilman Hickman indicated that he was concerned when he saw a new place going in, and noted that he did not understand why Rusticana was not in the pizza business. Councilwoman Kelley noted that Rusticana was more upscale. Mayor Pro Tem Schiffner addressed the Shore Acres Motel and noted that the proposed plan was a big improvement. He noted that the project started with plans for a slight modification, but encountered several problems, and decided to make it Page Six — Study Session Minutes — May 13, 2003 a real project. City Manager Watenpaugh commented that staff was working to help them through the process. Councilman Buckley questioned the elevation lines. City Manager Watenpaugh suggested that staff would get the breakdown before the meeting. Councilman Hickman inquired if there would be a parking area for the cars with trailers, that would be using the launch. City Manager Watenpaugh indicated that the launch would be used mainly by people staying at the facility. City Manager Watenpaugh highlighted the item for repair of the Cultural Center, noting that the problem was brought to staff's attention by the Historical Society. He explained that water was leaking into the front of the building and staff had obtained bids to facilitate the repairs. Public Works Manager Payne indicated that staff found water percolating through the landscaping on the front and side of the building. He explained that the contractor would dig down and expose the problem area and place new concrete blocks and seal it. He further explained that the landscaping would be eliminated and replaced by decorative hardscape, with some cutouts for Crepe Myrtle trees. He advised that the proposed contractor was local and provided a proposal for the work, for a total cost of $40,675. Mayor Pro Tem Schiffner inquired if the excavation would go to the floor. Public Works Manager Payne indicated that it would only be excavated to three feet below the windows. City Manager Watenpaugh indicated that the final item was for the work on Railroad Canyon Road, for which staff had obtained a contractor and time line for completion. Councilwoman Kelley commented that it was necessary to get that project completed. Community Services Director Sapp detailed the history of this project and the problems encountered throughout the process, noting that the original contractor left the site three times. He advised that the most recent bid from Kato Landscaping was for $218,000; however the balance of the account was $192,000, so an additional $21,000 was being requested to complete the project. He detailed the background of the proposed contractor and highlighted some of the other -' Page Seven — Study Session Minutes —May 13, 2003 projects they have been involved in. He indicated that the contractor would be paid in one check at the end of the project; with no performance bonds, as it was only a time and materials project. He recommended that based on the plan for payment, and the terms that Section be revised to "reserved "; and that it be clarified that in Section 11, where it discussed Exhibit A, the proposal itself was the Exhibit. He advised that the contractor was ready to proceed, pending City Council approval. Mayor Pro Tem Schiffner inquired if the irrigation lines in place were useable. Community Services Director Sapp confirmed that they were useable, but that there would be a need to order controllers. There was general discussion of the additional lines needed for the project. Councilman Hickman suggested that a palm tree was the worst tree to put in a median, per the police department. Community Services Director Sapp noted that the initial intent was to relocate the endangered trees. City Manager Watenpaugh clarified the type of trees that would be appropriate and noted the need for another cut in the median for the future fire station. There was general discussion on the method for payment and verification of costs. Councilman Hickman questioned the need to cut the street for the new fire station. City Manager Watenpaugh indicated that staff would make the contractor aware of it, however that would be part of the cost of the new station. Redevelopment Agency No questions. City Manager Watenpaugh noted that the Department Heads would be introducing new staff members at the meeting. Councilman Buckley questioned the Hayhurst study. City Manager Watenpaugh indicated that the Council would receive a copy this evening. Page Eight — Study Session Minutes —May 13, 2003 Councilman Buckley noted a BIA sign on Main Street, and noted that there was no sign to tell them where to turn to get to the Police Department. City Manager Watenpaugh offered to address this issue. Councilwoman Kelley questioned a message she received on Lash Street. Councilman Hickman questioned who made City street signs. Public Works Manager Payne indicated that they were made by Signs Plus. Councilman Hickman indicated that there were some misspelled ones in Tuscany Hills. He further questioned the need for a white limit line at a stop sign. Public Works Manager Payne indicated that the line was not required. Councilman Hickman noted concerns with the one on Villa Valtelena. He thanked the City of removing the trees a the crosswalk and indicated that the security guard was thrilled. ADJOURNMENT THE JOINT STUDY SESSION WAS ADJOURNED AT 4:55 P.M. R� 2Z41t ROBERT SCHIFFNER, MAYOR PRO TEM CITY OF LAKE ELSINORE ATTEST: VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 13, 2003 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairwoman Kelley at 5:02 p.m. ROLL CALL PRESENT: ABSENT: BOARDMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, KELLEY BOARDMEMBERS: BRINLEY Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Police Chief Walsh, Finance Manager Magee, Information /Communications Manager Dennis, City Treasurer Judziewicz, and Clerk of the Board Kasad. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION - Camelot Property Counselors, Inc., Debtor, United States Bankruptcy Court, Central District of California, Riverside Division Case No. RSO1 -14823 DN; Redevelopment Agency of the City of Lake Elsinore v. Camelot Property Counselors, Inc., Riverside Superior Court Case No. 352589. (F:40.1)(X:52.2) Page Two — Redevelopment Agency Minutes — May 13, 2003 Legal Counsel Leibold announced the Closed Session discussion item as listed above. THE REDEVELOPMENT AGENCY MEETING WAS RECESSED TO CLOSED SESSION AT 5:05 P.M. The Closed Session discussion was completed at 5:35 p.m. RECONVENE PUBLIC SESSION (7:00 Chairwoman Kelley reconvened the Redevelopment Agency meeting in public session at 9:11 p.m. ROLL CALL PRESENT: ABSENT: BOARDMEMBERS: BUCKLEY, HICKMAN. SCHIFFNER, KELLEY BOARDMEMBERS: BRINLEY Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Police Chief Walsh, Finance Manager Magee, Information /Communications Manager Dennis, City Treasurer Judziewicz, and Clerk of the Board Kasad. CLOSED SESSION REPORT Legal Counsel Leibold reported that the City Council and Redevelopment Agency Board met in Closed Session regarding Camelot Property Counselors Litigation as listed on the agenda. She explained that the City and the Redevelopment Agency had settled a lawsuit with California Bank and Trust in December, 2002, but the developer was in bankruptcy and the action against them had been staid. She Page Three — Redevelopment Agency Minutes — May 13, 2003 further explained that the settlement agreement with California Bank And Trust provided that if the interest was sold, the obligation of the agency to the bank would be credited up to $500,000. She indicated that the bankruptcy was dismissed last week, subject to conditions; and they approved sale of the center for just of $500,000, which would be paid to Camelot and transferred to CBT, which would reduce the City /Agency obligation to the bank by $500,000, and result in interest savings of $46,500. She commented that this was the best possible case scenario, as it would considerably relieve the obligations. She noted that one additional asset was still held by Camelot, being a claim against K -Mart, as part of the reorganization. She indicated that of the claim, they had agreed to assign to the City 40% of the claim. She advised that with this final action, the agreements on the center would be fully terminated and the Agency's obligation reduced; with the formal agreement to that effect to presented at the next meeting. (17:52.2) PUBLIC COMMENTS - AGENDIZED ITEMS No Comments. CONSENT CALENDAR MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. The following Minutes were approved: a. Adjourned Regular Redevelopment Agency Meeting —April 15, 2003. b. Joint City Council /Redevelopment Agency Study Session April 22, 2003. C. Regular Redevelopment Agency Meeting —April 22, 2003. (17:52.2) 2. Ratified Warrant List for April 30, 2003. (F:12.3) 3. Received and ordered filed the Investment Report for March, 2003. (F:12.5) Page Four — Redevelopment Agency Minutes — May 13, 2003 4. Concurred with City Council Action to Approve,the Design Review of Commercial Project No. 2003 -01, A Restaurant to be located at the corner of Main Street & Peck Street. (17:58.2) Concurred with City Council Action to Approve Commercial Project No. 2002 -04 — Shore Acres Motel for the Hilltop Group, Inc. (F:58.2) PUBLIC COMMENTS — NON - AGENDIZED ITEMS No Comments. EXECUTIVE DIRECTOR COMMENTS No Comments. LEGAL COUNSEL COMMENTS No Comments. BOARDMEMBER COMMENTS No Comments. ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 9:12 P.M. ATTEST: VICKI KA , CMC, ENIE KELLEY, CHA WOMAN REDEVELOPMENT AGENCY CLERK OF THE BOARD MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 279 2003 CALL TO ORDER Mayor Brinley called the Joint Study Session to order at 4:OOp.m. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, BUCKLEY, SCHIFFNER, KELLEY HICKMAN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Information /Communications Manager Dennis, Finance Manager Magee, City Clerk Kasad and Deputy City Clerk Ray. DISCUSSION ITEMS Mayor Brinley removed the Chamber of Commerce update from the Agenda. Mayor Brinley inquired about closed session for the City Council. City Attorney Leibold announced there would be a closed session to discuss Item A on the Agenda. Councilman Hickman requested clarification for various checks issued from Item No. 2, the Warrant List. Councilman Hickman asked who oversaw the park besides Mr. Sapp. PAGE TWO -STUDY SESSION -MAY 279 2003 Mr. Sapp explained there was an individual (Guillermo) who went out and checked the parks. Councilman Hickman stated that the trash receptacles at the bottom of the park on Summerhill had been missing the bottoms for two years and that he was tired of pulling his van in there and cleaning up the area each morning after exercising. City Manager Watenpaugh made a note of the problem and stated that staff would take care of the situation. Mayor Brinley requested to pull Item No. 4, McVicker Canyon Skate Park Agreement- Action Park Alliance and No. 5, Floating Food concession on Lake Elsinore - Triple "F ". Councilman Hickman addressed Item No. 4, he questioned if Council had reviewed item No. 4 before. City Manager Watenpaugh explained this was the actual contract, and the item was coming back with the actual requirements Council wanted in terms of the marketing. City Manager Watenpaugh gave an overview of Item No. 5. He explained it was a concession on the lake, with a concessionaire who wanted to put a pontoon boat out on the lake and sell prepackaged items. Councilwoman Kelley addressed the concessionaire's insurance. City Manager Watenpaugh explained the concessionaire would cover the City with insurance, he will operate out of the no wake zone and he would be able to moor at certain locations, subject to approval and no alcohol will be sold. Mr. Sapp explained the concessionaire will follow all health department requirements. Councilwoman Kelley addressed the issue of patrons being able to receive their purchased items. Mr. Sapp further explained, patrons would tie off to the pontoon boat, but they would not enter on to his pontoon boat, and he would take the customers their food. Councilman Hickman addressed a litter concern in the lake from patrons purchasing items and throwing the wrappers into the lake. Mr. Sapp explained that this was a concern of the City and that the City would be evaluating as the service is provided. City Manager Watenpaugh explained that the concessionaire would be responsible for policing his area and if this became a problem the City would terminate his agreement. Staff thought it would have been better to have a stationary vending unit on land, but this was a private enterprise. Mayor Pro Tern Schiffner commented that PAGE THREE -STUDY SESSION -MAY 27, 2003 individual's came to the lake with items purchased from other places and it was a problem but he didn't expect this to be a bigger problem. Councilman Buckley addressed Item No. 4. Councilman Buckley requested clarification in regard to any checks issued to the Skate Park this fiscal year. City Manager Watenpaugh reminded Councilman Buckley that Council gave authorization, and requested that staff bring back the marketing for auditing, purposes, so the City Finance Department had a paper trail and a record of the money and authorization given by Council. The staff was to bring this item back to Council once Council had given approval whether it be the day after closed session or at the next meeting putting on consent a paper trail so the auditors through Finance could track the decisions. Councilman Buckley stated it was 2 % months ago when this item was approved, and it was not presented at the next Council meeting. City Manager Watenpaugh stated that this was an agreement Mr. Sapp had been working on with the Skate park; and staff held it up because they did not have the marketing plan in the agreement and Council requested to see what they were doing to market and promote the facility. They are meeting the requirements now of supplying the weekly information in terms of attendance and other information the Council members had asked to see. Councilman Buckley addressed the issue of this project impact on the next fiscal year. City Manager Watenpaugh noted that the July proposed budgets would have recommendations for park funding, and Council will make that decision each year per the direction of the City Attorney. He clarified that Council could not pre - determine that the Council would follow through as a City, as the RDA could enter into long term agreements but the City had to budget annually for that, so it would come up at budget time. Councilman Buckley reiterated this was a four year contract. City Manager Watenpaugh acknowledged it was a four year contract, but funding had to stand on an annual base. City Attorney Leibold explained that there was PAGE FOUR -STUDY SESSION -MAY 27, 2003 constitutional debt limit provisions, with some exceptions, depending on different contingencies and she felt under the terms of this agreement it was contemplated to be contingent on certain performance obligations and available funds. Councilman Buckley recalled it was the rest of this fiscal and next fiscal and questioned the four year issue. Mr. Sapp clarified that the four years was just the term of the agreement, but annually the City had to approve subsidy for the skate park; and if it was not approved as part of the budget, the operator had the option to continue operating or activate the termination clause of the contract. Councilman Buckley questioned this being a contractual obligation. City Attorney Leibold stated this was not a contractual obligation. City Manager Watenpaugh explained to Council that the skate park had asked, if it was going to be guaranteed they would be funded; and it was explained to them that the City could not go beyond the fiscal year. The term of their agreement could go beyond, but if in fact there were funding requirements they had to be approved by the Council to adopt a budget. If it is not they have the option to activate the termination agreement or fund it themselves. Councilman Buckley addressed the profit margin of the skate park. City Manager Watenpaugh explained that the admission is free. Mr. Sapp explained the skate park keeps 20 %, but anything over the 20% profit margin, 100% goes to the City. Councilman Buckley questioned if this was 100% of the net or gross. Mayor Brinley acknowledged that the attendance at the park had sky- rocketed. Mr. Sapp stated that the program averaged 280 kids a week. Councilman Buckley continued to question net vs. gross and which the City would be receiving. Mr. Sapp explained the reports were generated by the skate park and given to his department. City Manager Watenpaugh suggested a report be generated and submitted to Council. PAGE FIVE -STUDY SESSION -MAY 27, 2003 Councilman Buckley addressed Item No. 5 and suggested that the City look at attaching garbage containers to the floating toilets. Mr. Sapp indicated that staff would look at that as a possibility. Mayor Pro Tem Schiffner stated when this item was discussed in the past his understanding was no one had any experience on which to base what they thought would happen. He questioned if staff had any idea how this would work. City Manager Watenpaugh stated that they would operate on the shore line and in the no wake zone, and hopefully people would come. He expressed hopes this did not turn out to be like the Princess, which in his opinion was one big eye sore. City Manager Watenpaugh commented that if it is not providing what the City wanted the City had the ability to terminate the agreement. Mayor Brinley addressed Item No. 8 (Request for Waiver of fees for Prayer Force Christian Concert) on the agenda. Councilman Hickman addressed the issue. Mayor Brinley acknowledged that a member of Prayer Force was present to discuss the Item on the Agenda. Joyce Smith, the President of Prayer Force (located in Lake Elsinore) addressed the Council. Mrs. Smith explained that Prayer Force was sponsoring an event open to the public; a Christian like concert from 9 a.m. to 9 p.m. Mrs. Smith described some of the events that would be taking place. Prayer Force will be expecting a large crowd, as they have been advertising throughout the Christian network. Mrs. Smith explained that this event was a vision she has had for the stadium. Prayer Force has churches from Los Angeles to San Diego pulling together to make this event successful. Mrs. Smith on behalf of Prayer Force requested that the City waive all fees involved. Mayor Pro Tern Schiffner addressed the issue of fees not being related to the City's cost. City Manager Watenpaugh noted that the fees were related to the City's cost, as the rental fees were established and setup so the City had funding to replace equipment and the rental fees pay for the electricity. . Prayer Force is also scheduled to use the message board for 24 hours. Mrs. Smith noted that the organization had decided not to use the message board and noted that is a correction that needed to be made to the request. The PAGE SIX -STUDY SESSION -MAY 279 2003 administration fee is the fee the City charges for any kind of administration and is an overhead charge that goes for in -house staff. City Manager Watenpaugh noted that fee could be waived. City Manager Watenpaugh expressed concern that with the courts removing the invocation, this might be considered underwriting a religious event and deferred to City Attorney Leibold. Councilwoman Kelley questioned if the City would be considered as cosponsoring the event by waiving <the fees. City Attorney Leibold noted that if the City was waiving the fees, the City would be subsidizing the event. She stated the City was underwriting the event with public funds and would need to show how this was benefiting the public. City Attorney Leibold noted that in this particular event there were entanglement issues that might be presented. City Attorney Leibold stated this item was scheduled to be discussed in closed session. Mayor Brinley indicated that Mrs. Smith would need to come back at 7 p.m. during Public Session for a final answer on the waiving of fees. Mayor Brinley also noted that this was an issue that all cities were having to address. Mayor Pro Tern Schiffner noted that a decision could not have been made at this time anyway, and further noted to Mrs. Smith this particular meeting gave her unlimited time to discuss her request. Councilman Hickman addressed Mrs. Smith regarding the number of times Prayer Force had held this event in Lake Elsinore. Mrs. Smith stated this is the first event of this magnitude, but Prayer Force has sponsored other events in the community, such as the Mayor's Prayer Breakfast, National Day of Prayer and other events. Councilman Hickman addressed Mrs. Smith regarding parking fees. Mrs. Smith stated they would not be charging for parking. In regards to the Mayor Prayer Breakfast, City Manager Watenpaugh stated the City paid for all meals for City Council and staff that participated. Councilwoman Kelley addressed fees for waiver for the Diamond Club.for that event. Mrs. Smith stated they did ask for a waiver and the City Council granted the waiver. Councilwoman Kelley stated in essence the City had in the past partnered with Prayer Force on some events. City Manager Watenpaugh stated staff had a concern due to the recent court ruling that the City was not underwriting this event. Mayor Brinley noted that City Attorney Leibold would be updating Council in closed session on PAGE SEVEN -STUDY SESSION -MAY 27, 2003 this particular agenda item. Mayor Brinley continued with the agenda to the Public Hearing, Item No. 21 Liberty Specific Plan Amendment No, 4, General Plan Amendment No. 2003 -01, Zone Chamber No.2003 -01, and Design Review for 12003-02. — Ordinance Nos. 1098 & 1099, Resolution No. 2003 -12. City Manager Watenpaugh deferred the question to Mr. Brady. Mr. Brady explained the Liberty Specific Plan and the land use element of the General Plan are to be amended to light industrial on the specific plan and the design review for the 24,925 sq ft building. Councilman Hickman inquired if the developer would receive RDA money. City Attorney Leibold stated that Civic/Laing was eligible to receive increment off this property, and the builder of this project can not get any increments. Mayor Brinley continued with the agenda, and clarified the way City Attorney Leibold would like to take these items. Mayor Brinley addressed Item No. 32 the 10'h Season Anniversary Celebration — Lake Elsinore Diamond Stadium. City Manager Watenpaugh indicated that he had been in discussion with Mr. Oster and that he submitted a 3 day celebration package, for a flat fee of $10,000. The City had to move forward to order the photo baseballs, if they were going to have any giveaways to meet the timeline that cost is under $5,000. He indicated that Mr. Oster had revised this and it would be the same program for all three days, and they will market and promote the event. On the 5`h there will be a VIP reception and on the 6`h it would be Lake Elsinore Days. City Manager Watenpaugh request that Mr. Sapp elaborate on the description of the giveaway items. Mr. Sapp noted that the balls are regular baseballs with red and blue panels with red stitching, will include the RDA logo and the Diamond logo, and the event will include fireworks both nights. REDEVELOPMENT AGENCY Mayor Brinley questioned that Item No. 21 was not lead on the RDA agenda. City Attorney Leibold explained it was a land use issue. PAGE EIGHT -STUDY SESSION -MAY 27, 2003 ADJOURNMENT City Attorney Leibold stated that the closed session items were as listed. THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION ADJOURNED AT 5:30 P.M. GENW KELLEY, CHAIR MAN REDEVELOPMENT AGENCY Respectfully submitted, rederick Ray, Deputy City Clerk WC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, May 27, 2003 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairwoman Kelley at 7:58 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Police Chief Walsh, Finance Manager Magee, Deputy Clerk of the Board Ray and Clerk of the Board Kasad. CLOSED SESSION None. PUBLIC COMMENTS - AGENDIZED ITEMS No Comments. Page Two — Redevelopment Agency Minutes — May 27, 2003 CONSENT CALENDAR MOVED BY BRINLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Joint City Council/Redevelopment Agency Study Session - May 13, 2003. b. Regular Redevelopment Agency Meeting - May 13, 2003. 2. Concurred with Council Action to Approve the Liberty Specific Plan No. 4, General Plan Amendment No. 2003 -01, Zone Change No. 2003 -01, and Design Review for 12003-02, PUBLIC COMMENTS - NON - AGENDIZED ITEMS No Comments. EXECUTIVE DIRECTOR COMMENTS No Comments. LEGAL COUNSEL COMMENTS No Comments. BOARDMEMBER COMMENTS Boardmember Buckley questioned the status of the Exclusive Negotiating Agreement with Impact Capital Consulting, LLC; and inquired if it was signed, and why it was taking so long. He further questioned the need to revisit the agreement. Executive Director Watenpaugh indicated that it was not yet signed, Page Three — Redevelopment Agency Minutes — May 27, 2003 but discussions were ongoing; and he understood that the agreement would be signed by the end of week, which will give ICC 60 days to proceed. He indicated that he was not aware of a time limit for signature of the agreement, but the Agency would be happy to proceed if the signed agreement and $20,000 check was provided. He noted that he would be meeting with someone else interested in the same property tomorrow. Boardmember Buckley suggested using time limits in the future, with regard to signatures. Legal Counsel Leibold commented that there often were time limits on agreements, but not in this particular case; however it was within the Agency's discretion to place it back on the agenda. Boardmember Buckley suggested that if the contract was not signed, the item should be relisted for the June 10th meeting. Boardmember Buckley commented that he had received calls regarding a letter from FEMA that the flood control level was being dropped to 1263'. Executive Director Watenpaugh indicated that FEMA was working on a flood elevation 1263.3', however the City Ordinance requires 1270' for the building pad. He indicated that if he could get a copy of the letter, he would bring an explanation back to the Board. Boardmember Buckley indicated that he would get a copy of the letter. ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 8:02 P.M. GE/VKELLEY9 CHAIR MAN RE MENT AGENCY G] VICKI KASAD, CMC, CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 10, 2003 CALL TO ORDER Mayor Brinley called the Joint Study Session to order at 4:OOp.m. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN KELLEY, SCHIFFNER BRINLEY COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Information /Communications Manager Dennis, City Clerk/Human Resources Director Kasad and Deputy City Clerk Ray. DISCUSSION ITEMS Councilman Hickman requested clarification for various checks issued from Item No. 2, the Warrant List. Councilman Buckley requested clarification for various checks issued from Item No. 2, the Warrant List. City Manager Watenpaugh gave an overview of Item No.4. He explained this was the time for City Council to approve the Engineer's Report and Resolution of Intention and return on June 24, 2003 for City Council to implement the fees for the coming year. PAGE TWO -STUDY SESSION -JUNE 10, 2003 Councilman Buckley addressed the issue regarding an increase in numbers. City Manager Watenpaugh explained there was no increase in numbers. Mr. Watenpaugh stated the information was in the Engineer's report. Councilman Hickman questioned the issue of HOA's taking over all the landscaping and upkeep. City Manager Watenpaugh explained in new development were the City has development agreements in specific plans staff was turning it over to the HOA. This report represented our existing street lights and tree trimming all of those that were not in the new plans this is what was in place prior. Mayor Brinley addressed Item No. 5, Investment Policy. City Manager Watenpaugh gave an overview of Item No. 5. He explained that annually staff was required to bring this item forward for the City Council to decide to leave the policy as is or to make changes. He further explained in the past Council and staff had invested all funds in the State Program, because staff does not have an individual onboard that is qualified to do investments. Councilman Buckley addressed the issue and requested the word "derivative" be removed all together. He also stated that other cities had hired outside firms to handle their investments for a percentage of the returns. City Manager Watenpaugh stated that if City Council wanted to look into, changing the policy, then staff would take a look at hiring a firm and what they think the rate of return would be; and if it offsets that number, then staff could bring it back to Council at a later date. He further stated that in the past Council had chosen to leave it with the State. Mayor Brinley addressed Item No. 6, Appropriation Limits for Fiscal Year 2003 -2004 (Proposition 4). PAGE THREE -STUDY SESSION -JUNE 10, 2003 City Manager Watenpaugh gave an overview of this item. He explained that staff was required to do this annually. Appropriation changes annually are based on the population and there is a formula used by staff. Councilman Hickman addressed the Appropriation Limits regarding the numbers. City Manager Watenpaugh explained that for 2003 -2004 it goes from $31,007,717 and increasing to $33,000,007. Mayor Brinley addressed Item No. 7, Change Order & Staff Request for additional Engineering Support Services by Noble Consultants. City Manager Watenpaugh explained that it is a reimbursable from LESJWA, and there was errors made in terms of where the pumps actually were on the apparatus. City Manager Watenpaugh deferred to Lake Operations Manager Kilroy. Mr. Kilroy explained that particular situation would fall under Noble Consultants and should be handled for free due to it being an oversight on their part. Mr. Kilroy further explained that this request was related to two items, one being to increase the budget for additional design surfaces related to the electrical distribution panel on one of the docking stations, and two being able to allow staff to draw upon Noble Consultants expertise in working through the technical bid documents as well as determining the responsible bidder and construction support for the docking station as well as installation of the armored submarine power cables. He also stated it gives the option to request their consultation in the future and not come back before the City Council for more funding. Mayor Pro Tern Schiffner noted that the City Council had increased funding in the past for LESJWA to cover these types of obstacles. Mr. Kilroy noted that counting the fifth docking station, staff had budgeted $1,006,250.00 for the entire destratification system project, but this will not increase the budget staff has for that project. PAGE FOUR -STUDY SESSION -JUNE 10, 2003 Councilman Hickman addressed the issue by asking if staff would be requesting additional funding later. Mr. Kilroy stated not for this particular line item. Councilman Hickman asked if there would be other expenditures of overrun. Mr. Kilroy stated until the item was put out to bid, he could not guarantee it. Councilman Hickman asked if staff had considered poisoning the lake. Mr. Kilroy stated LESJWA had considered it, but with the experience in Lake Davis in California and with the lawsuits that occurred over that, it would likely be too difficult to overcome environmental regulations. Councilman Schiffner stated that idea was strongly considered but found to be difficult to manage with the regulatory agencies. Mayor Brinley addressed Public Hearing Item No. 21, Tentative Parcel Map No. 31011 and Tentative Tract Map No. 30789. City Manager Watenpaugh deferred the item to Community Development Director Brady. Councilwoman Kelley addressed the item that residents had complained about the hours of operations at the previous Council Meeting. She further noted that on this tract map they were asking to extend their hours of operations to 7p.m. because they were further back, but on the front portion of the development they are still restricted until 5p.m. She also noted that their contract stated their superintendent was part time and she questioned if the individual now going to be full time. Community Development Director Brady stated he would need to confirm that information. He also noted that staff had inspectors that go to the site to make sure they are starting and stopping on time; and there is Code Enforcement on weekends to monitor the hours of operation. PAGE FIVE -STUDY SESSION -JUNE 10, 2003 City Manager Watenpaugh noted that following the previous complaints Mr. Brady had inspectors going out at 7a.m. and 5p.m. to ensure they were not committing violations. City Manager Watenpaugh clarified that the fines were lower than the fines of other cities, but the fines progressively increase each time there is an infraction on the developer's part. City Manager Watenpaugh also stated that law enforcement had not been called to the site for any reason. Mayor Brinley addressed the issue of usage of Sunswept Street by the developers. City Manager Watenpaugh noted that street was an emergency exit, but surveyors park on that street and use that street to survey. He also noted that there was not heavy equipment using that street. He reiterated they were not allowed to access that street, and they must use the other side. Councilman Buckley addressed the issue that it would be inappropriate to award the developers with extended hours when they were already in violation. He stated he like Mr. Woodward's idea of $5000 per occurrence fine. City Attorney Leibold addressed the issue that State Law limits the amount of the fine for violation of City code. She noted that it would be $100 for the first $200 for the second and $500 for the third or more in any calendar year. Councilman Buckley stated that the fines were not deterrent enough. City Attorney Leibold stated that if she did not have an opportunity to confirm before the Council Meeting if that was the direction the Council would like, just state the maximum fine permitted by law, but it was a possibility the Council and Staff were limited by law. Councilman Schiffner addressed the issue that there are ways of ensuring that work was done accordingly. He stated that staff could shut down their work for the day. Councilman Buckley suggested something in the conditions that the first occurrence grading will stop work for a week. Councilman Schiffner stated that would be contrary to our best interest. Again he stated there were other ways. PAGE SIX -STUDY SESSION -JUNE 10, 2003 Councilman Buckley stated he would like to impose the strongest deterrent legally possible. City Manager Watenpaugh suggested hiring a specific inspector and charging the developer for it, to ensure someone is on -site daily. Councilman Hickman disagreed. Mayor Brinley stated it would be unnecessary at this time and that the neighbors would keep Council and staff informed. She further stated that this was an area of concern. Mayor Brinley addressed Item No. 22, Tentative Tract Map No. 30754 (Canyon Hills Specific Plan). City Manager Watenpaugh deferred the item to Mr. Brady. Mr. Brady explained the project and the square footage range for the homes. Councilman Buckley addressed the lot size and asked if staff had an idea of what would be the median size lot square footage. City Manager Watenpaugh noted that there will be smaller lots as the MSHCP goes forward because of the density bonus to move forward as that is a mandatory trade off. Councilwoman Kelley addressed the item that the long road way may cause speeding violations. Mayor Brinley asked for clarification on the streets, as to whether the streets would be private or public streets; and if private is there a possibility a gate may go up. Mr. Brady noted that the average lot size would be 4438 sq ft. Mayor Brinley addressed Business Item No. 33, Palm Tree Donation. PAGE SEVEN -STUDY SESSION -JUNE 10, 2003 City Manager Watenpaugh explained that there was a resident who would like to donate four palm trees (Canary Island Date Palms), two are 25 ft and two are 5 ft. The request was for $9973.60 to relocate the palms. One would go to Grand and Lakeshore and the other three would go to the City Boat Launch which is closed at this time. He also added the palm tree located by Pioneer Lumber which is in excess of 27ft would be moved to Lakeshore. Total cost is under $10,000 to relocate five trees. REDEVELOPMENT AGENCY Mayor Brinley addressed Item No. 4, Exclusive Negotiating Agreement — Impact Capital Consulting, L.L.C. City Manager Watenpaugh noted that there were individuals involved with negotiations of the stadium in the audience. Mayor Brinley gave the gentlemen the opportunity to address Council at that time or if they preferred to wait until the public session. City Manager Watenpaugh acknowledged the two gentlemen were representing ICC and also Mr. Oster was also present. Mayor Brinley acknowledged one of the individual's requesting to speak at that time. Mr. John Brennan, General Partner at ICC located in Temecula, California, he stated there were negotiating issues involving three specific contracts. 1. Licensing Agreement 2. Maintenance Agreement 3. Concession Agreement He added that currently under the concession agreement the Storm received 95% of revenues, with bringing in outside events there was a 64% /36% split in favor of the team. City Manager Watenpaugh noted that this negotiation did not involve staff, it was a private issue. PAGE EIGHT -STUDY SESSION -MAY 27, 2003 ADJOURNMENT City Attorney Leibold stated that the closed session items were as listed. THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION ADJOURNED AT 4:58 P.M. KELLEY, CHAIR4 MAN IELOPMENT AGENCY Respectfully submitted, rederick Ra , Deputy City Clerk A TEST: VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 10, 2003 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairwoman Kelley at 5:00 p.m. ROLL CALL PRESENT: ABSENT: I : 17_�i�►� 1�►Ti 1:3.7: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY IQDe k' J Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Community Development Director Brady, Community Services Director Sapp, Information /Communications Manager Dennis, Lake Operations Manager Kilroy, Public Works Manager Payne, Deputy Clerk of the Board Ray and Clerk of the Board Kasad. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code §54965.8) (F:40.1)(X:134.10) Property: A.P.N. 373 -2�0 040 & 371- 030 -021 (Lake Elsinore Diamond Stadium and parking' lots Negotiating Parties: Impact Capital Consulting, L.L.C. and the Redevelopment Agency of the City of Lake Elsinore Page Two — Redevelopment Agency Minutes —June 10, 2003 Under Negotiation: Price and Terms Legal Counsel Leibold announced the Closed Session item as listed above. THE REGULAR REDEVELOPMENT AGENCY MEETING WAS TO CLOSED SESSION AT 5:01 P.M. The Closed Session discussion was completed at 5:55 p.m. RECONVENE PUBLIC SESSION (7:00 P Chairwoman Kelley reconvened the Regular Redevelopment Agency meeting at 8:12 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Community Development Director Brady, Community Services Director Sapp, Police Chief Walsh, Finance Manager Magee, Information /Communications Manager Dennis, Lake Operations Manager Kilroy, Public Works Manager Payne, Deputy Clerk of the Board Ray and Clerk of the Board Kasad. Page Three — Redevelopment Agency Minutes — June 10, 2003 CLOSED SESSION REPORT Legal Counsel Leibold announced that the Redevelopment Agency Board met in Closed Session as listed on the agenda, with no reportable action, however the topic of discussion was also on the Business Calendar for this meeting. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address Item No. 4, and deferred to that discussion. CONSENT CALENDAR MOVED BY BUCKLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular Redevelopment Agency Meeting - May 27, 2003. (F:134.3) 2. Ratified Warrant List for May 30, 2003. (F:12.3) Received and ordered filed the Investment Report for April, 2003. (F:12.5) BUSINESS ITEM 4. Exclusive Negotiating Agreement - Impact Capital Consulting, L.L.C. (F:134.7) Executive Director Watenpaugh reminded the Board that they had agreed to move forward with this Exclusive Negotiating Agreement, however the agreement had not yet been signed. He advised that a letter had been received requesting one change to the proposed agreement, due to discussion Page Four — Redevelopment Agency Minutes —June 10, 2003 with the Storm, to allow for continued negotiation. He explained that they had reached a potential road block and needed to modify the Exclusive Negotiating Agreement, so the $20,000 deposit could be refunded to ICC. He further explained that they would deposit the funds in good faith, subject to 60 days negotiation to break the deadlock; however if that was not possible, they would want the funds returned to them. Chris Jones, passed on his request to speak. John Brennan, 41877 Enterprise Circle North, Temecula, noted their conversations with the Storm, which came to a roadblock. He indicated that there were three issues of concern, being Concessions, Naming Rights and Parking. He further indicated that as of last Friday, the issues were pulled off the table by the Storm, but they felt that in order to try to go forward they would secure their negotiating rights with the City, to fulfill the obligation to enhance the operation. He explained that they did not understand the ramifications of the current contracts on concession revenues. He indicated that he had a conversation with Mr. Oster, who has agreed to sit down and negotiate further; so at this point it was again reasonable to try to negotiate with the Storm and the City. He indicated that they would cut the check and put it on deposit with the City; and they should know in 60 days if an agreement can be reached. Boardmember Buckley questioned why ICC did not realize the implications of the contracts until now. Mr. Brennan indicated that they understood they would have rights to negotiation of the issues mentioned, however, they were pulled off the table by the Storm. Boardmember Buckley noted earlier comments regarding servicing the loan and inquired if they would be borrowing the money. Mr. Brennan indicated that a portion of the funds were received as investments and a portion would be received as a loan. Boardmember Buckley indicated that the agreement on the agenda was not actually the agreement. Legal Counsel Leibold confirmed that there was a later draft of the Exclusive Negotiating Agreement, which was passed out Page Five — Redevelopment Agency Minutes — June 10, 2003 earlier today. She indicated that the copy supplied today was approved at the second meeting in March. Boardmember Buckley noted the deposit for the right to negotiate, and clarified that they were now asking for a $20,000 "give- back" clause if they could not negotiate with the Storm. He commented that in the negotiation with Civic Partners for the back basin, they paid $30,000, and they were also negotiating with the Lehrs for the land; so if it had fallen apart, the Agency would not have refunded the money. He indicated based on that situation, there was no reason to handle this agreement differently. Boardmember Schiffner indicated that he had reason to believe this deal might still be able to work, and based on that it was still worth pursuing. He indicated that he did not want this discussion to come to an end over refund issues; and he would support the agreement with the refund of $20,000 to see if something could be negotiated with the Storm. He indicated that when the outcome is known, the Board would have the opportunity to approve the negotiated agreement. Vice Chairman Hickman indicated that he wanted the public to know that the Board was considering selling the Stadium, but that was not the ultimate goal, as a whole package would be desirable. He indicated that this was more than a discussion of the Stadium. He concurred that there were some hurdles to overcome and concurred with Boardmember Schiffner that he was willing to give them the time and hope for success. He indicated that he was willing to return the money, but he wanted to keep the project going. Boardmember Brinley indicated that she had no issue with this request, as there were some very steep obstacles to overcome. She recommended heavy negotiations during the 60 day period. She indicated that she had no problem allowing the negotiations to continue, particularly if it resulted in a complete package for an entertainment venue. Page Six — Redevelopment Agency Minutes —June 10, 2003 Mr. Brennan confirmed that they would be moving forward, but needed more time to complete the negotiations. He indicated that once the negotiations were complete, they would pay the additional $10,000. Boardmember Brinley requested that the $20,000 check be provided by Noon on Friday. Mr. Brennan concurred. Boardmember Brinley stressed that the Board was looking for the best option for venues. Chairwoman Kelley concurred with the majority of the Council, that she was looking for further development in the area. She stressed that they were looking for the best arrangement, and if they charged everyone $20,000 to negotiate the Agency would be out of business quickly. She stressed that this arrangement was for a short 60 day term. MOVED BY BRINLEY, SECONDED BY SCHIFFNER TO AMEND THE EXCLUSIVE NEGOTIATING AGREEMENT TO ALLOW THE $209000 TO BE RETURNED IF THE NEGOTIATIONS DO NOT COME TO FRUITION IN A 60 DAY PERIOD, AND THE $209000 DEPOSIT TO BE AT CITY HALL BY NOON ON FRIDAY, WITH THE SIGNED AGREEMENT. Legal Counsel Leibold indicated that she would prepare the amended language for the agreement to include the conditions for refund of the $20,000 if negotiations with the Storm fail. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH BUCKLEY CASTING THE DISSENTING VOTE. PUBLIC COMMENTS - NON - AGENDIZED ITEMS No Comments. Page Seven — Redevelopment Agency Minutes —June 10, 2003 EXECUTIVE DIRECTOR COMMENTS Executive Director Watenpaugh indicated that he would be in touch with ICC tomorrow. LEGAL COUNSEL COMMENTS No Comments. BOARDMEMBER COMMENTS Boardmember Buckley commented on the following: 1) Indicated that he said in the beginning, he was not opposed to the potential sale, if it was tied with other development and the Storm team was protected. He indicated that $20,000 was not that much, but allowing the money to be refunded had put the potential owners in blame if there is a failure to make a deal with the team. He suggested that it was not appropriate to put that kind of pressure on them. Boardmember Brinley commented on the following: 1) Indicated that the action was not casting blame, but doing business as any major corporation would do. She stressed the importance of entering this discussion fully informed, and see what they had to offer. She indicated that the Council supports the Storm Team, as the Team had been very negotiable and provided a cornerstone for Community pride. She stressed that the Board would not hurt one of its major assets, it was just part of doing business. Boardmember Schiffner commented on the following: Page Eight — Redevelopment Agency Minutes — June 10, 2003 1) Indicated that this was an opportunity to do one of two things, 1) not agree to the refund and stop the negotiations, or 2) allow the developer to negotiate further to provide a destination venue. He advised that he was in favor of trying to move forward, but it could be reviewed if it couldn't move forward. ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 8:31 P.M. REDEVELOPMENT AGENCY ATT T: VICKI KASAD, CM , CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 249 2003 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairwoman Kelley at 8:50 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Police Chief Walsh, Finance Manager Magee, Information /Communications Manager Dennis, City Treasurer Judziewicz, Deputy Clerk of the Board Ray and Clerk of the Board Kasad. CLOSED SESSION None. CLOSED SESSION REPORT No Report. Page Two — Redevelopment Agency Minutes — June 24, 2003 PUBLIC COMMENTS - AGENDIZED ITEMS No Comments. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 5. MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular Redevelopment Agency Meeting — June 10, 2003. 2. Ratified Warrant List for June 16, 2003. 3. Adopted Local Agency Investment Fund Authorization Resolution No. RDA 2003 -02. RESOLUTION NO. RDA 2003 -2 A RESOLUTION FOR THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA REGARDING THE LOCAL AGENCY INVESTMENT FUND. 4. Concurred with City Council Action to Approve Design Review of Industrial Project No. I- 2002 -07, located between Collier Avenue and Minthorn Avenue new Chaney Street. Page Three — Redevelopment Agency Minutes — June 24, 2003 ITEM PULLED FROM THE CONSENT CALENDAR 5. 2003 -2004 Fiscal Year Budget. Boardmember Buckley indicated that he pulled this item to allow for a separate vote, consistent with his vote on the City budget. MOVED BY SCHIFFNER, SECONDED BY BRINLEY AND CARRIED BY A VOTE OF 3 TO 2 WITH BUCKLEY AND HICKMAN CASTING THE DISSENTING VOTES TO ADOPT RESOLUTION NO. RDA 2003 -039 APPROVING THE PROPOSED FISCAL YEAR 2003/04 BUDGET FOR THE LAKE ELSINORE REDEVELOPMENT AGENCY. RESOLUTION NO. RDA 2003 -03 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 2003 -04 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN. PUBLIC COMMENTS — NON - AGENDIZED ITEMS No Comments. EXECUTIVE DIRECTOR COMMENTS No Comments. LEGAL COUNSEL COMMENTS No Comments. Page Four — Redevelopment Agency Minutes — June 24, 2003 BOARDMEMBER COMMENTS No Comments. THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 8:51 P.M. GENIE KELLEY, CHAIRWOMAN REDEVELOPMENT AGENCY AT EST: VICKI KASAD, CMC, CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 89 2003 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairwoman Kelley at 8:17 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Fire Chief Gallegos, Police Chief Walsh, Engineering Manager O'Donnell, Deputy Clerk of the Board Ray, and Clerk of the Board Kasad. CLOSED SESSION None. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No Comments. CONSENT CALENDAR MOVED BY BRINLEY, SECONDED BY HICKMAN AND CARRIED BY Page Two — Redevelopment Agency Minutes — July 8, 2003 UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular Redevelopment Agency Meeting— June 24, 2003. (F: 134.3) 2. Received and ordered filed the Investment Report for May, 2003. (F:12.5) BUSINESS ITEMS RDA Task Force Recommendations — Mission Statement, Goals and Objectives. (F:134.1) Chairwoman Kelley called the Task Force members forward for recognition, and noted that all were present except Mr. Fred Crowe. She explained the establishment of the Task Force and noted that each Boardmember had appointed a member. She indicated that the Task Force had now completed its task and expressed appreciation for their work. She presented Members McCann, Magee, Harmatz and Ryan with Certificates of Appreciation and thanked them for their participation. She recognized Mr. Ryan as the Chairman of the Task Force and invited him to comment on their work. Harvey Ryan indicated that they were challenged with reevaluating the Mission Statement, Goals and Objectives of the Redevelopment Agency. He commented that the Task Force members had good chemistry and challenged each other, but they came to an agreement on a lot of things. He noted that he thought the Mission Statement was great, and contained input from all members. He indicated that the bottom line for each of the members was what was good for the City; and noted his enjoyment of this participation. Chairwoman Kelley read the new Mission Statement as follows: The City's Redevelopment Agency shall work to improve the quality of life in Lake Elsinore through the promotion of economic stimulus Page Three —Redevelopment Agency Minutes —July 8, 2003 for desirable commercial and industrial development, while seeking to take advantage of county, state and federal grants and funding programs and encouraging private investment, to promote a strong economic base and employment opportunities within our community. Full and complete compliance with state RDA law shall include a commitment to affordable housing opportunities for our residents while continuing to improve public facilities. She indicated that they worked diligently to come up with that statement and the related list of goals and objectives. Task Force Member Bob Magee, thanked Executive Director Watenpaugh and staff for their professional approach and guidance in the process. He also thanked the Task Force Members for their donation of time to the process, and the ultimate conclusion. He noted the selection of Chairman Ryan after the first meeting, and indicated that he was quick to take charge and guide the group through the process. He suggested reappointing the committee to serve on the ongoing Task Force; and thanked Boardmember Buckley for appointing him. He indicated that he enjoyed working with the group and the topic, and noted that he was proud of what they brought forward. Chairwoman Kelley noted that the recommendations included the Mission Statement, appointment of a standing Task Force and the scheduling of a Study Session to orient the new Task Force Members. She noted that during the Agenda Review session, there was a question regarding whether the existing group would like to coninue. Task Force Member Harmatz indicated that he would not choose to continue. Executive Director Watenpaugh noted that Task Force Member Crowe might also be interested in continuing. He also noted that he had FAXed out the final reports to the Task Force, but all members had not been able to respond. Boardmember Buckley indicated that the question with the Task Force was one of numbers, and inquired if the Task Force preferred to stay with five people, or if it should be expanded. Task Force Chairman Ryan indicated Page Four — Redevelopment Agency Minutes —July 8, 2003 that five was a great number, as too many opinions might slow down the process. Boardmember Buckley inquired if quarterly meetings would be reasonable. Mr. Ryan concurred, noting that they were originally scheduled to meet every other week, but they met a couple of times in between to get the job done. Boardmember Buckley inquired if it would be possible to change the Mission Statement to include "new commercial and employment opportunities, and improve the economic climate for existing businesses." Boardmember Brinley suggested that the Task Force might want to review this possible change. Boardmember Buckley noted that his hope would be that the Task Force would become, essentially, a permanent body; as it never hurt to have a few more eyes review programs. He indicated that while it might seem that the list of objectives was quite long, it was taking a larger view of the entire issue. He expressed hopes that the Redevelopment Agency Board would approve the Mission Statement, Goals and Objectives, and appoint five members to two year terms starting with the appointment date. He encouraged the Task Force to look at the goals and objectives to develop specific action task lists for each goal. He indicated that it would be nice to take the goals and see what could actually be done. He commented that he would make a motion to do that. MOVED BY SCHIFFNER, SECONDED BY BRINLEY TO APPROVE THE MISSION STATEMENT WITH THE TASK FORCE BEING OFFERED THE OPPORTUNITY TO CONSIDER CHANGES; APPOINT A FIVE MEMBER TASK FORCE INCLUDING THESE MEMBERS OR REPLACEMENTS ON AN AD HOC BASIS TO STUDY THE RECOMMENDATIONS AND PICK ETH FIVE MOST IMPORTANT ITEMS AND INVESTIGATE THEM MORE THOROUGHLY FOR POSSIBLE PROJECTS. Boardmember Brinley concurred with Boardmember Schiffner, but noted one of her top five issues was the evaluation of the Reinstatement of Eminent Domain. She stressed the importance of Eminent Domain capabilities to accomplish projects; and indicated that she would like to see Page Five — Redevelopment Agency Minutes —July 8, 2003 more detail. She commented that an ongoing Task Force for the Redevelopment Agency was a great thing, but she did not want to see it continuing two years from now. She concurred that the Task Force should stay with five members; and target priority issues to assist businesses. She noted that their discussions should include habitat issues, and noted the Study Session scheduled for July 11`h. She commented that the Redevelopment Agency was an important tool for a City, as it would allow for enticement of businesses. She expressed her personal thanks to the Task Force for their time and effort, and noted that the City Attorney and staff had kept the Council informed of their work. She thanked Mr. Ryan for his leadership and stressed that this was a working committee. She suggested that the Task Force come back if they wanted to consider the changes suggested by Boardmember Buckley. She further suggested that the Council should come up with five or six bulleted items that the Task Force should address. Vice Chairman Hickman offered kudos to the Task Force for an excellent job. He indicated that he would like to see it stay at five members, who set their own schedule. He commented that he would like to schedule a study session and develop a standing committee, rather than just a Task Force; and see them work to address four or five points. Chairwoman Kelley thanked the Task Force for their work and commended Mr. Ryan for stepping in late and leading the group. She indicated that they had done a wonderful job and if all of them would want to continue staff could set up a study session and give them some time to rethink the commitment and make sure they were willing to continue. She indicated that she did not want to set a time limit for the work, but rather have it be issue driven. She commented that there was a broad range of issues and suggested narrowing it down somewhat. She reiterated that the committee needed an opportunity to decide if they wanted to continue to serve, determine which goals could show progress, and if they were happy with the Mission Statement. She suggested setting a Study Session and moving on from there. Executive Director Watenpaugh suggested that the confirmation of the Page Six — Redevelopment Agency Minutes — July 8, 2003 appointments come back to the next meeting, with reappointments to fill any vacancies. He further suggested that the Board could set a Study Session at that time to allow for discussion with the Committee, and the establishment of parameters as to what should come back. Chairwoman Kelley concurred and suggested that the members decide if they were willing to continue. There was general discussion of the next step in the process. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO BRING THIS ITEM BACK TO THE NEXT MEETING TO APPOINT THE COMMITTEE AND ESTABLISH A STUDY SESSION DATE. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES No Comments. EXECUTIVE DIRECTOR COMMENTS Executive Director Watenpaugh thanked the Board for the opportunity to work with this Task Force. LEGAL COUNSEL COMMENTS Legal Counsel Leibold expressed her enjoyment of working with the Task Force. BOARDMEMBER COMMENTS Boardmember Brinley thanked Mr. Harmatz for his participation and his honesty with regard to his interests. Chairwoman Kelley reiterated her thanks to the Task Force for their work. Page Seven — Redevelopment Agency Meeting — July 8, 2003 ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 8:45 P.M. AT EST: VICKI KA AD, CL RK OF THE BOARD REDEVELOPMENT AGENCY AGENCY MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 229 2003 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairwoman Kelley at 9:20 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Pressey, Community Development Director Brady, Lake Operations & Aquatic Resources Director Kilroy, Police Chief Walsh, Information/ Communications Manager Dennis, Public Works Manager Payne, City Treasurer Judziewicz, Deputy Clerk of the Board Ray and Clerk of the Board Kasad. CLOSED SESSION None. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No Comments. Page Two — Redevelopment Agency Minutes — July 22, 2003 CONSENT CALENDAR MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular Redevelopment Agency Meeting— July 8, 2003. (F:134.3) 2. Ratified the Warrant List of July 15, 2003. (F:12.3) 3. Received and ordered filed the Investment Report for June, 2003. (F:12.5) 4. Adopted Resolution No. RDA 2003 -4 — Confirming the Special Tax Rate for CFD 90 -2. {17:22.3) RESOLUTION NO. RDA 2003 -4 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 90 -2 (Tuscany Hills Public Improvements). BUSINESS ITEMS 5. Appointment of RDA Committee. (F: 134.1) Executive Director Watenpaugh noted the appointment of the Task Force and Council's request to bring the item back for reappointments and a member to replace Mr. Harmatz. He further noted that there was a request to set the time and date for a joint study session and establish priorities. Boardmember Buckley had no comments except to reappoint Bob Magee to Page Three - Redevelopment Agency Minutes —July 22, 2003 the Committee. Vice Chairman Hickman reappointed Fred Crowe to the Committee. Boardmember Schiffner noted that Mr. Harmatz was not interested in serving again, so he appointed Rita Wilsey of Lake Elsinore Rentals to the Committee. He requested clarification that this would be an Ad Hoc Committee. Chairwoman Kelley confirmed. Boardmember Brinley reappointed John McCann. Chairwoman Kelley reappointed Harvey Ryan as the Chairman of the Committee. MOVED BY SCHIFFNER, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE APPOINTMENTS TO THE RDA COMMITTEE AS STATED. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES No Comments. EXECUTIVE DIRECTOR COMMENTS No Comments. LEGAL COUNSEL COMMENTS Legal Counsel Leibold questioned the need to schedule a Study Session date with the new Committee. The Board requested the Executive Director Watenpaugh bring possible dates back to the Board for consideration. BOARDMEMBER COMMENTS No Comments. Page Four — Redevelopment Agency Minutes —July 22, 2003 ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 9:21 P.M. Z. KELLEY, CHAI OMAN ELOPMENT AGENCY A EST: VICKI KASAD, CMC, CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 12, 2003 ................................................ •.............................1 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairwoman Kelley at 5:11 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Public Works Manager Payne, Deputy Clerk of the Board Ray and Clerk of the Board Kasad. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code § 54956.8) Property: A.P.N. 373-210-040 & 371-030-021 (Lake Elsinore Diamond Stadium and parking lot) Negotiating Parties: Impact Capital Consulting, LLC, and The Redevelopment Agency of the City of Lake Elsinore Under Negotiation: Price & Terms. (F:40.1)(X:134.10) Legal Counsel Leibold announced the Closed Session discussion as listed above. Page Two — Redevelopment Agency Minutes — August 12, 2003 THE REGULAR REDEVELOPMENT AGENCY MEETING WAS RECESSED AT 5:16 P.M. The Closed Session discussion was completed at 7:00 p.m. RECONVENE PUBLIC SESSION (7:00 P.M.) Chairwoman Kelley reconvened the Regular Redevelopment Agency Meeting in public session at 9:22 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Public Works Manager Payne, Deputy Clerk of the Board Ray and Clerk of the Board Kasad. CLOSED SESSION REPORT Legal Counsel Leibold advised that the Board met in Closed Session for discussion as listed on the agenda, with no reportable action. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No Comments. Page Three — Redevelopment Agency Minutes — August 12, 2003 CONSENT CALENDAR MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular Redevelopment Agency Meeting — July 22, 2003. (F:134.3) 2. Concurred with Council Action to Approve Design Review of Commercial Project No. 2003 -02 for a drive -thru coffee shop located within the Seers Plaza on Riverside Drive — APN 379 - 090 -020. (F:58.2) BUSINESS ITEM 3. Redevelopment Agency Task Force. (F:134.1) Executive Director Watenpaugh explained that this was for ratification of the Board discussion on August 5t", regarding the Statement of Goals and Objectives. Vice Chairman Hickman noted that the RDA Task Force did an excellent job and expressed support for the recommendations. Boardmember Buckley detailed the five main items, and stressed the interest in addressing eminent domain. Boardmember Schiffner noted the discussion at the Study Session and thought there was agreement on most items. He expressed support for the proposal. Boardmember Brinley concurred with the goals and objectives as presented. She commented that the Task Force was a real asset and their review was Page Four — Redevelopment Agency Minutes — August 12, 2003 important to the City. She noted the legal issues associated with eminent domain. She noted the need to educate the public as much as possible on the benefits of an RDA and how it can assist the community. She commented that the City has assets such as Walmart, the Stadium, the Outlet Center, were due to the Redevelopment Agency. She indicated that she was looking forward to implementing the work of the Task Force and expressed 100% support for their recommendations. Chairwoman Kelley expressed support for the recommendations and noted the study session review of the issues. MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT THE PROPOSED REDEVELOPMENT AGENCY MISSION STATEMENT AND THE FIRST FIVE GOALS AND OBJECTIVES. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES No Comments. No Comments. LEGAL COUNSEL COMMENTS No Comments. BOARDMEMBER COMMENTS Boardmember Schiffner noted that Rita Wilsey was his appointment to the Task Force. Page Five — Redevelopment Agency Minutes — August 12, 2003 ADJOURNMENT The Regular Redevelopment Agency meeting was adjourned at 9:31 p.m. GENI / LLEY, CHAIRWOMAN REDEVELOPMENT AGENCY AT ST: ) j VICKI KASAD, CMC, CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 5, 2003 CALL TO ORDER Chairwoman Kelley called the Study Session to order at 1:10 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BRINEY, BUCKLEY, HICKMAN, SCHIFFNER ABSENT: BOARDMEMBERS: NONE Also Present were: Executive Director Watenpaugh, Assistant Executive Director Best, Community Development Director Brady, Information/Communications Manager Dennis, and Deputy Clerk of the Board Ray. DISCUSSION ITEM RDA Task Force Recommendations Chairwoman Kelley thanked the Task Force for attending the study session. Task Force member Harvey Ryan indicated that the mission statement was something that the Task Force felt should have some vision. Task Force member Fred Crowe indicated the Mission Statement should remain broad. Rita Wilsey indicated that the RDA did not have a lot of money to work with. PAGE TWO — RDA STUDY SESSION — AUGUST 5, 2003 Chairwoman Kelley attributed this loss of money to the State budget. Board member Hickman asked how much money was the RDA obligated to give to the State. Executive Director Watenpaugh indicated $376,000 to the State and the RDA already had $240,000 set aside. He also indicated that next month Staff would receive the assess values from the County and Staff would be able to give the Board an exact accounting of those figures. Board member Hickman asked if there was a possibility State would do the same thing next year. Executive Director Watenpaugh felt there was a strong possibility it would happen again. Board member Hickman asked what would be the dollar figure after the RDA paid the $376,000. Executive Director Watenpaugh stated the RDA budget would be fine, although there would not be a lot of money to spend and would not need to take money from the city reserve. Board member Brinley requested clarification on the State intent regarding the caps on the areas. Executive Director Watenpaugh indicated the State was not involved with raising the caps. It would be negotiated with the County. Task Force member Robert Magee indicated he would like to move pass the Mission Statement and pick five of the recommendations of the Task Force to move forward. Board member Brinley agreed with Task Force member Crowe. Board member Schiffner stated the Mission Statement was well worded. PAGE THREE — RDA STUDY SESSION — AUGUST 5, 2003 Board member Hickman agreed with the Mission Statement. Chairwoman Kelley indicated that the postal service was not interested in constructing a new facility in the Lake Elsinore area. Executive Director Watenpaugh confirmed. Chairwoman Kelley asked the Task Force to list what they felt was their top 5 goals and objectives. The Task Force listed the following: Continue to fully comply with the California Redevelopment Law while diligently working to maximize funding opportunities. 2. Evaluate the reinstatement of the power of Eminent Domain. Develop and implement a repayment schedule for the City's loan and the Agency's 20% housing set -aside requirement. 4. Target locations within existing project areas with the greatest opportunity for attracting businesses and revenue to the city, and create implementation plans and visions for those areas in cooperation with the City. 11. Evaluate Project Area 1's potential to increase the cap. Board member Buckley suggested Item Nos. 4 & 7 be incorporated. Task Force member Magee stated he would like to know more about the lending institutions. Task Force member Crow asked the desire of the Board regarding the other goals and objectives. PAGE FOUR — RDA STUDY SESSION — AUGUST 5, 2003 Chairwoman Kelley stated the desire would be to prioritize the remainder of the recommendations. Board member Buckley commented that the repayment schedule (item no. 3) should be set up as a series of percentages, once all the debts were paid and the cost were paid, 30% of what was left would go to pay the 20% set aside, 30% would go to repay the city, and 40% would pay for new projects. He also listed Item Nos. 2, 4, 5 and 6. Board member Hickman commented that he selected five were Item Nos. 2, 3, 4 & 7 (combined), 5 & 6 (combined) Board member Schiffner commented that his selected five were Item Nos. 2, 4,5 & 7 (combined) 6, 11. Board member Hickman agreed with the idea suggested by Board member Buckley of the set up series of percentages. Board member Brinley commented that her selected five were Item Nos. 2, 4 and 5 and 7 (combined), 3, 16, 11. Chairwoman Kelley indicated with the items selected the board now needed to narrow it down to the top five to implement at this time. The items selected were: 2. Evaluate the reinstatement of the power of Eminent Domain. Develop and implement a repayment schedule for the City's loan and the Agency's 20% housing set -aside requirement. Combination of 4, 5, and 7 4. Target locations within existing project areas with the greatest opportunity for attracting businesses and revenue to the city, and create implementation plans and visions for those areas in cooperation with the City. PAGE FIVE — RDA STUDY SESSION — AUGUST 5, 2003 5. Prepare an inventory of existing properties and structures which may be rehabilitated or refurbished and list those structures which may not qualify for rehabilitation. 7. Create a priority business list of target business attraction, actively pursue these businesses for relocation and expansion opportunities within the City. 6. Prepare a public education program to make property owners and developers aware of owner participation opportunities with the RDA 11. Evaluate Project Area 1's potential to increase the cap. ADJOURNMENT THE REDEVELOPMENT AGENCY ADJOURNED AT 2:00 P.M. G NIE KELLEY, CHAIRWOMAN REDEVELOPMENT AGENCY ATTEST: REDERICK R4, /DEPUTY CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 9, 2003 CALL TO ORDER Mayor Pro Tern Schiffner called the Joint Study Session to order at 4:07 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY SCHIFFNER ABSENT: COUNCILMEMBERS: BRINLEY, HICKMAN Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information /Communications Manager Dennis, and Housing Clerk Gibbons. DISCUSSION ITEMS City Manager Watenpaugh noted that Clara Bell would be accepting the proclamation for the Santa Margarita Watershed Clean Up Day at the Council Meeting. Mrs. McColley would be attending the Council Meeting with an update on the Chamber of Commerce. Chuck Isabel would be making a presentation regarding Lake Elsinore Girls Softball, and there would be an introduction of New City Employees at the 7 o'clock session. PAGE TWO -STUDY SESSION - SEPTEMBER 9, 2003 Councilman Buckley requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. BUSINESS ITEMS Mayor Pro Tem Schiffner introduced Item No. 31 - Second Reading — Ordinance No. 1105 — regarding Flood Plain Management. Councilman Buckley indicated that the ordinance did not reflect the edits made at the previous Council Meeting. The ordinance reflected the elevation of 1263.3 ft instead of 1265 ft in the back basin and 1267 ft. around the lake. City Attorney Leibold confirmed with Councilman Buckley that was the action taken. Councilman Buckley asked if Council needed to note that change again. City Attorney Leibold indicated that it was not necessary to note the change again, Council needed to state that the second reading was consistent with the first reading and make the motion to approve the second reading, waive the full reading and approve by title only. Staff would ensure those corrections were made before it was published. City Manager gave an overview of Item No. 32 — Bid Award for Navigational Markings. He indicated Mr. Kilroy had a supplemental report that had the results of the bid. One of the bidders were noncompliant, the bidder did not bid the floating signs and pontoon floats with lights, so therefore there was only one successful bidder for $35,515. Lake & Aquatic Resources Director Kilroy indicated that $35,515 was reimbursable by L.E.S.J.W.A. for the destratification systems project. Councilman Buckley asked if $35,515 was close to the estimate that Staff had figured. PAGE THREE -STUDY SESSION- SEPTEMBER 9, 2003 Lake & Aquatic Resources Director Kilroy confirmed it was a ball park figure. Mayor Pro Tem Schiffner asked for an update on the platforms and the full project. Lake & Aquatic Resources Director Kilroy estimated it would all be operational by mid- January, 2004. Councilwoman Kelley asked if the barrel crossing went around each platform. Mr. Kilroy confirmed. He stated it would be essentially a rope float barrel system using cables. Councilwoman Kelley inquired about the high speed zone. Mr. Kilroy explained that the whole high speed zone had been realigned with the buoys. Mayor Pro Tem Schiffner introduced Item No. 33 — Commercial Design Review C2003 -04 for Abbacy Holding Co. — Gas Station, Mini -Mart and Automated Car Wash. Community Development Director Brady indicated the design would match the Washington Mutual Bank Building. It would be right turn in and right turn out only. The Planning Commission did put into condition there would be no alcohol sales at this location. Councilman Buckley asked when the lights needed to be installed. Community Development Director Brady indicated prior to occupancy of any of the facilities for the location, the signals needed to be operational. Mayor Pro Tem Schiffner introduced Item No. 34 — Waiver of Ordinance for Nightime Fishing Event. PAGE FOUR -STUDY SESSION - SEPTEMBER 9, 2003 Councilwoman Kelley noted the Rocky Mountain Recreation Co. was in support of the event. She asked if the fishing would only be held from the pier of the campground. Lake & Aquatic Resources Director Kilroy indicated the Rocky Mountain Recreation Co. would be seeking a permenant waiver from the ordinance for Nightime Fishing at the campground only. City Manager Watenpaugh noted normally catfishing was at night and if it was controlled to the campground only, it would provide some supervision and ample parking. Lake & Aquatic Resources Director Kilroy indicated he believed the purpose of the ordinance was to keep people from camping on the City Beaches at night. Mayor Pro Tem Schiffner introduced Item No. 35 — Zone Committee Appointment — TUMF Program. City Manager Watenpaugh noted for Council the County first zone meeting would be held September 26, 2003, 7:30 a.m. to 10:00 a.m., at the County Annex Building on 4`" Street. Mayor Pro Tern Schiffner recommended appointing himself and Councilwoman Kelley as the alternate. City Manager Watenpaugh indicated Council would need concurrence at the 7 p.m. meeting. REDEVELOPMENT AGENCY Chairwoman Kelley gave an overview of the RDA Agenda. She stated there were no items. PAGE FIVE -STUDY SESSION - SEPTEMBER 9, 2003 City Attorney Leibold stated there was one closed session item listed as Item A. on the agenda. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 4:27 P.M. PAMELA BRINLEY, MAYOR CITY OF LAKE ELSINORE NIE KELLEY, CHHAIi/WOMAN REDEVELOPMENT AGENCY Respectfully submitted, rederick Ray, eputy City Clerk CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 9, 2003 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairwoman Kelley at 5:00 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BUCKLEY, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: BRINLEY, HICKMAN Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Community Development Director Brady, Community Services Director Sapp, Information /Communications Manager Dennis, Administrative Services Director Pressey Lake & Aquatic Resource Director Kilroy, and Housing Clerk Gibbons. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54965.8) (17:40.1)(X:134.10) Property: APN 373 - 210 -040 & 371 - 030 -021 (Lake Elsinore Diamond Stadium and parking lot) Negotiating Parties: Impact Capital Consulting L.L.C. and The Redevelopment Agency of the City of Lake Elsinore Under Negotiation: Price and Terms Page Two — Redevelopment Agency Minutes — September 9, 2003 Legal Council Leibold announced the Closed Session discussion topic as listed above. THE REGULAR REDEVELOPMENT AGENCY MEETING WAS RECESSED TO CLOSED SESSION AT 5:01 P.M. THE CLOSED SESSION DISCUSSION WAS COMPLETED AT 7:00 P.M. RECONVENE PUBLIC SESSION (7:00 P.M.) Chairwoman Kelley reconvened the Regular Redevelopment Agency Meeting in public session at 7:55 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BUCKLEY, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: BRINLEY, HICKMAN Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Information /Communications Manager Dennis, Lake & Aquatic Resource Director Kilroy, and Housing Clerk Gibbons. CLOSED SESSION REPORT Legal Counsel Leibold announced that the Redevelopment Agency Board met in Closed Session for discussion of the Real Property Negotiations as listed on the Agenda, with no reportable action. PUBLIC COMMENTS — AGENDIZED ITEMS No comments. Page Three — Redevelopment Agency Minutes — September 9, 2003 CONSENT CALENDAR MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Redevelopment Agency Minutes — July 22, 2003. (F:134.3) 2. Ratified the Warrant List of August 14, 2003. (F:12.3) 3. Received and ordered filed the Investment Report for July, 2003. (F:12.5) 4. Concurred with Council Action to Approve Tentative Tract Map No. 30846 and Final Supplemental Environmental Impact Report to the East Lake Specific Plan Environmental Impact report. (F:160.2) 5. Concurred with Council Action to Approve Tentative Tract Map No. 30985 "Markham Development ". (17:160.2) 6. Concurred with Council Action to Approve Design Review No. I 2003 -03 for "Blue Lake II Condominium Business Park ". (F:86.2) 7. Concurred with Council Action to Approve Commercial Design Review for C2003 -04 for Abaccy Holding Co. (F:58.2) BUSINESS ITEMS None. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES No comments. Page Four — Redevelopment Agency Minutes — September 9, 2003 EXECUTIVE DIRECTOR COMMENTS No comments. LEGAL COUNSEL COMMENTS No comments. BOARDMEMBER COMMENTS No comments. ADJOURNMENT MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT I ADJOURN THE REGULAR REDEVELOPMENT AGENCY MEETING AT 7:55 P.M. Respectfully submitted, Housing Clerk Gibbons VELOPMENT REDEVELOPMENT AGENCY MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 23, 2003 CALL TO ORDER Mayor Brinley called the Joint Study Session to order at 4:10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN KELLEY, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Planning Manager Villa and Deputy City Clerk Ray. DISCUSSION ITEMS City Attorney Leibold indicated there was a closed session item on the agenda that the City Manager had requested to be continued until he was able to meet with one of the council members. She indicated that City Manager Watenpaugh and Councilman Hickman would arrange to meet at the soonest possible opportunity. PAGE TWO -STUDY SESSION - SEPTEMBER 23, 2003 Councilman Buckley requested clarification on Item No. 2, No. 74953 of the Warrant List. Administrative Services Director Pressey was going to research the purpose of the check and get an answer back to Council before the 7 p.m. Council Meeting. Councilman Hickman requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. Councilman Buckley questioned Item No. 4 re: the Claim against the City with Philip Estrada Jr./Philip Estrada III. Clarification was given on this matter by City Manager Watenpaugh. City Manager Watenpaugh gave an overview of Consent Item No. 5. PUBLIC HEARINGS 21. Tentative Parcel Man No. 31051- Cornerstone Grown. City Manager Watenpaugh gave an overview of Item No. 21 and deferred to Planning Manager Villa for further clarification and an explanation. Planning Manager Villa indicated that the purpose of this project was to subdivide 20 acres of vacant land into 24 parcels. He reiterated that it was a subdivision proposal. The smallest parcel would be .30 of an acre and the largest would be 5 acres. Councilman Hickman asked if any of the lots were up to Collier Avenue or if they were back away from Collier Avenue. Planning Manager Villa explained that lot 24 which is a 5 acre parcel was up to Collier, but that lot was not being developed at that time. 22. Development Agreement with Centex Homes — Ordinance No. 1106. City Manager Watenpaugh gave an overview of Item No. 22. PAGE THREE -STUDY SESSION - SEPTEMBER 23, 2003 Councilman Hickman questioned the $50,000 amount involved. City Attorney Leibold explained the fees involved and how they broke down with the developers. She noted the developer had agreed to dedicate to the City, a Park, not less than 5 acres with two improved Little League fields and a fire engine. Councilman Hickman questioned if a lake would be included in the project. City Attorney Leibold explained the preexisting tentative tract maps and development agreements that had governed the property were expired, and the existing development agreement did not vest any specific number of units or any specific development it simply freezes the applicable land use controls that govern the project. The City retains all of its regular discretionary authority in reviewing those entitlements. Councilman Buckley questioned the wording of No. 3.11 (Park Improvement Reimbursement Agreement, page 13 of 37) he asked Staff to explain Section 3.11. City Attorney Leibold explained that it was a 1996 agreement on the 2728 Holding Corporation there was an offset with respect to monies owed by the City. She indicated there was an outstanding obligation for the City. City Manager Watenpaugh explained it was part of the settlement with the original property owner. He noted the City had settled their agreement with the TT Group. City Attorney Leibold explained that Centex had an equitable interest in the property they had not closed escrow, nor would they until they completed the entitlement process; as an equitable owner they had a legal right to enter into a development agreement approved by the City, the offset relates the agreement with the existing owner. PAGE FOUR -STUDY SESSION - SEPTEMBER 23, 2003 Councilman Buckley asked if it meant that the City had to pay the equitable owner $1,029,536. City Attorney Leibold commented Staff would clarify prior to the second reading that there was no obligation for out of pocket expenses that it was simply an offset against DAG fees. Councilman Hickman asked how it would affect existing homeowners in the Tuscany Hills area. City Manager Watenpaugh explained that there would be a new CFD layover for the entire site and there will be separate fees established on the north end and each home built will reduce the overall debt. Councilman Buckley requested a change in some verbiage on 8.2 (Subsequent Actions and Approvals) to include: Parties agree that the MSHCP was not applicable to the property, however parties understand and expect per discussion with the perspective regulatory agencies, that a sufficient amount of land was to be set aside that would in fact satisfy the conditions of the MSHCP. Mr. Mark Brail, agreed to the change to verbiage. City Attorney Leibold suggested that she research language from the proposed implementing agreement and review it to ensure the verbiage change was correct. 23. Preannexation and Development Agreement with Pacific Clay Products, Inc.- Ordinance No. 1107. City Manager Watenpaugh deferred to City Attorney Leibold. City Attorney Leibold indicated that the agreement was similar to the Centex Agreement, but there were a couple of distinctions that involved property that was currently within the City's sphere of influence, but not part of the jurisdictional boundaries. The development agreement PAGE FIVE -STUDY SESSION - SEPTEMBER 23, 2003 statute of state law that governed development agreements allowed for this type of agreement to vest the land use regulation, but it did not vest any particular development. It required in the event the property was annexed, that the City evaluate any application for development in accordance with today's rules and regulations, and the developer would be required to apply in the normal course of business and in accordance with the City's procedures for any entitlements. She noted the development agreement fee under this agreement was $50,000 upon execution. The initial single family DAG fee in the event single family occurs on the property was $4,500 per unit for the first five years; in the event the agreement was extended in accordance with certain performance criteria the DAG fee increases at the rate of 3.5 % per year. The distinction between the Centex Agreement at $3,500 and the Pacific Clay at $4,500 was the off -set for the park Little League Fields and fire engine at Centex. The Multi Family DAG fee was $3,200 fixed for five years if the agreement was extended it would increase at the rate of 3.5% per year. The City also provided for a Commercial and Industrial DAG fee that would be deferred for 20 years. She explained that it did not vest any particular development, it simply provided certainty in the entitlement process. BUSINESS ITEMS 31. Design Review of Industrial Project No. 2002 -04 and Mitigate d Negative Declaration No. 2003 -02 — located at Pasadena and Central Streets. City Manager Watenpaugh deferred to Planning Manager Villa. Planning Manager Villa explained it was for 21 buildings approximately 183,000 sq ft. of industrial space and had five building designs; essentially they were consistent with the industrial park look of the area. The buildings would range from 5,000 sq ft. to 38,000 sq ft. Councilwoman Kelley asked if there were any concerns from the Planning Commission. PAGE SIX -STUDY SESSION - SEPTEMBER 23, 2003 Mr. Villa indicated that the Planning Commission was concerned with the Conditions of Approval. He indicated there was a mutual agreement to change Condition No. 38. Mr. Villa deferred to City Attorney Leibold. City Attorney Leibold explained that the existing condition stated: The applicant shall be required to place the final AC pavement overlay on the entire width of Central Avenue. She indicated the recommendation was to add: The existing curb and gutter for Central Avenue shall remain in place. She indicated the applicant was required to dedicate an additional 12 ft. of right -of -way to the already existing 88 ft right -of- way to provide the full 100 feet right -of -way, but will leave the existing curb and gutter in place the applicant would be required to pave the existing 72 feet curb to curb. Councilman Buckley asked if there would be an HOA to maintain the property. Mr. Villa indicated that they were going to utilize a C.U.P concept were they are allowed to sell individual lots, but must require CC &R's to ensure the whole development is maintained by one entity. Mayor Pro Tern Schiffner asked if the new signal on that particular corner, would be located in accordance with the existing curb. Community Development Director Brady stated that the signal may need to be relocated. 32. Commercial Project No. 2003 -03- Manufactured Home Sales Lot at 31631 Auto Center Drive. City Manager Watenpaugh gave an overview of the item. Mr. Villa explained that it was a design review for a commercial project, to establish five pre - manufactured homes for sale lot. PAGE SEVEN -STUDY SESSION - SEPTEMBER 23, 2003 Councilman Hickman indicated he had seen a few more manufactured homes in the city area. He asked if there was a way to prevent manufactured homes in Lake Elsinore. He noted he did not see a lot of manufactured homes in Murrieta and Temecula. City Manager Watenpaugh indicated the planning staff had upgraded the standards and requiring additional landscaping. He further indicated the City could not prevent manufactured homes. City Attorney Leibold indicated the City could not prohibit a manufactured home. The City could only impose design requirements. Councilman Hickman asked if Staff could make stucco a requirement. City Attorney Leibold indicated the City would need to provide uniform design requirements in the same zones. 33. Request for Waiver of Fees - Elsinore Valley Friends Church/Praver Forces, Inc. City Manager Watenpaugh indicated the item was pulled off the agenda. 34. Consultant contract Award for Machado Street Pavement Rehabilitation. City Manager Watenpaugh gave an overview of the item. He indicated Staff had evaluated three major areas to do slurry and overlays; after evaluating Machado it was concluded it needed some reconstruction. He deferred to City Engineer O'Donnell. City Engineer O'Donnell indicated that three streets were evaluated and Harris & Associates had done an estimate of all three streets and it was over budget so it was paired down to one street; and Staff agreed Machado would be a good candidate to repair. Harris & Associates had given a proposal of $29,000. PAGE EIGHT -STUDY SESSION - SEPTEMBER 23, 2003 Mayor Brinley asked about Franklin Avenue. City Engineer O'Donnell indicated that it was eliminated this year. He indicated that there was more traffic on Machado than Franklin. He explained Franklin Street had concrete under the pavement and it would be expensive once staff starts removing the pavement. 35. City Manager's Contract. Mayor Brinley indicated there would be a motion at the 7 p.m. meeting to continue the item. REDEVELOPMENT AGENCY Chairwoman Kelley gave an overview of the RDA Agenda. She stated there were no items. City Attorney Leibold stated there was one item on the closed session for the RDA for ongoing negotiation on real property between ICC and the Agency in connection with the Lake Elsinore Diamond Stadium. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 5:10 P.M. PAMELA BRINLEY, MAYOR CITY OF LAKE ELSINORE PAGE NINE -STUDY SESSION - SEPTEMBER 23, 2003 KELLEY CHAIRWONIN�` ELOPMENT AGENCY Respectfully submitted, Frederick Ray, Deputy City Clerk ATTEST: CKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA SEPTEMBER 23, 2003 — 5:00 P.M. CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairwoman Kelley at 5:21 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BUCKLEY, BRINLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Pressey, Community Development Director Brady, Lake /Aquatic Resources Director Kilroy, Information /Communications Manager Dennis, Deputy Clerk of the Board Ray and Clerk of the Board/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code § 54965.8) (F: 134.10)(X:40.1) Property: A.P.N. 373-210-040 & 371-030-021 (Lake Elsinore Diamond Stadium and parking lot) Negotiating Parties: Impact Capital consulting, L.L.C. and The Redevelopment Agency of the City of Lake Elsinore Under Negotiation: Price and Terms Page Two — Redevelopment Agency Minutes — September 23, 2003 Legal Counsel Leibold announced the Closed Session discussion item as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:22 P.M. The Closed Session discussion was completed at 6:25 p.m. RECONVENE PUBLIC SESSION (7:00 P.M.) Chairwoman Kelley reconvened the Regular Redevelopment Agency Meeting in public session at 9:25 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BUCKLEY, BRINLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Police Chief Walsh Information /Communications Manager Dennis, Planning Manager Villa, City Treasurer Judziewicz and Clerk of the Board/Human Resources Director Kasad. CLOSED SESSION REPORT Legal Counsel Leibold reported that the Redevelopment Agency Board met in Closed Session for discussion of the Real Property Negotiations as listed on the Agenda, with no reportable action. Page Three — Redevelopment Agency Minutes — September 23, 2003 PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No Comments. CONSENT CALENDAR MOVED BY SCHIFFNER, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Redevelopment Agency Study Session — August 5, 2003. b. Regular Redevelopment Agency Meeting — August 12, 2003. (F:134.3) 2. Received and ordered filed the Investment Report for August, 2003. (F:12.5) 3. Concurred with Council Action to Approve Tentative Parcel Map No. 31051 (APN 377 -120 -007 & 008) for the Cornerstone Group. (F:110.2) 4. Concurred with Council Action to Approve Design Review of Industrial Project No. 2002 -04 and Mitigated Negative Declaration No. 2003 -02, located at Pasadena & Central Streets. (F:86.2) Concurred with Council Action to Approve Commercial Project No. 2003- 03 — Manufactured Home Sales Lot at 31631 Auto Center Drive. (F:58.2) BUSINESS ITEMS None. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES No Comments. Page Four — Redevelopment Agency Minutes — September 23, 2003 EXECUTIVE DIRECTOR COMMENTS No Comments. LEGAL COUNSEL COMMENTS No Comments. BOARDMEMBER COMMENTS No Comments. ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 9:26 P.M. Ell J ENIE KELLEY CH IRWOMAN REDEVELOPMENT AGENCY VICKI KASAD, CMC, CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 149 2003 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairwoman Kelley at 5:30 p.m. ROLL CALL PRESENT: _l II-1 BOARDMEMBERS: BOARDMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Council Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/ Communications Manager Dennis, Deputy Clerk of the Board Ray and Clerk of the Board Kasad. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code § 54965.8) (F: 134.10)(X40.1) Property: A.P.N. 373 -210 -040 & 371-030-021 (Lake Elsinore Diamond Stadium and parking lot) Negotiating Parties: Impact Capital consulting, L.L.C. and The Redevelopment Agency of the City of Lake Elsinore Under Negotiation: Price and Terms Legal Counsel Leibold announced the Closed Session discussion item as Page Two — Redevelopment Agency Minutes — October 14, 2003 listed above. THE REGULAR REDEVELOPMENT AGENCY MEETING WAS RECESSED TO CLOSED SESSION AT 5:31 P.M. The Closed Session discussion was completed at 6:15 p.m. RECONVENE PUBLIC SESSION (7:00 P.M.) The Regular Redevelopment Agency Meeting was reconvened in public session by Chairwoman Kelley at 10:05 p.m. ROLL CALL PRESENT: ABSENT: BOARDMEMBERS: BOARDMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Council Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Fire Chief Gallegos, Police Chief Walsh, Public Works Manager Payne, Information/ Communications Manager Dennis, City Treasurer Judziewicz and City Clerk/Human Resources Director Kasad. CLOSED SESSION REPORT Legal Counsel Leibold announced that the Redevelopment Agency Board met in Closed Session as listed on the agenda, with no reportable action. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No Comments. Page Three — Redevelopment Agency Minutes — October 14, 2003 CONSENT CALENDAR MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Joint Study Session — September 9, 2003. b. Regular Redevelopment Agency Meeting — September 23, 2003. (F:134.3) 2. Ratified Warrant List for September 30, 2003. (F:12.3) Approved additions for fiscal year 2002/2003 to the RDA Amended and Restated Reimbursement Agreement with the City of Lake Elsinore, for a new total of $9,036,005. (F: 134.7)(X:68.1) 4. Concurred with Council Action to Approve Tentative Condominium Map No. 31531 and Residential Design Review No. R 2003 -08 for the Lake Elsinore City Center Townhomes. (F:138.2) Concurred with Council Action to Approve Design Review for 12002-08 — Norman Industries. (F:86.2) 6. Concurred with Council Action to Approve Industrial Design Review No 2003 -04 for California Skier. (F:86.2) BUSINESS ITEMS 7. RDA Committee Recommendations. (F:134.1) Bob Magee, representing the Committee, thanked Councilman Buckley for appointing to the Committee, noting that it was a privilege to work with the Committee and the community. He addressed the issue of Eminent Domain and explained that the Committee felt they needed to step back and wait a Page Four — Redevelopment Agency Minutes — October 14, 2003 few months before reconsidering the issue. He suggested that in the meantime they could look at the development of a public education program regarding the Redevelopment Agency and what it could or could not do; and look at raising the cap in RDA area No. 1. Boardmember Brinley stressed the importance of eminent domain to the Redevelopment Agency and suggested providing funding to allow for experts to address the Committee regarding eminent domain. She suggested that eminent domain should be addressed as soon as possible, and stressed that it was an important tool for redevelopment. Mr. Magee indicated that they had received presentations from the City Attorney and Rod Gunn, which were very informative, but they were lacking the banking community. He explained that while invitations had been extended, there were no members of lending institutions that would comment with regard to eminent domain. He suggested that the RDA Board might be able to assist them in that area, so they could address the issue. Boardmember Buckley commented that all three issues were important, and suggested flying someone in from the League or a Banking trade association. He inquired if the Committee would suggest in house education or outside education. Mr. Magee indicated that they had not explored that issue, as they were awaiting concurrence from the RDA Board. Boardmember Schiffner indicated that eminent domain was one of the most important issues, particularly in the older areas. He stressed the need to use it as a tool. He inquired if Wells Fargo had been contacted for input on eminent domain. Executive Director Watenpaugh confirmed, noting that they would only give input on specific projects. He indicated that while very congenial, the Committee was basically split on the issue. Vice Chairman Hickman had no comments. Chairwoman Kelley thanked Mr. Magee for his report and echoed the importance of eminent domain. She indicated that she would pursue Page Five- Redevelopment Agency Minutes — October 14, 2003 additional speakers and assistance for the Committee. She expressed support for the education program and the increased cap for Area No. 1. She thanked the Committee for their work. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Edith Stafford, 29700 Hursh, called on the voters to elect candidates with the best interests of all citizens. She indicated that there were three candidates to renew, review, revitalize and generate revenue. She indicated that "Citizens for Better Government' were calling on the voters for help. She stressed the need to make astounding changes and cut the fat. She suggested that the majority of the Council was not being straightforward about the financing. EXECUTIVE DIRECTOR COMMENTS No Comments. LEGAL COUNSEL COMMENTS No Comments. BOARDMEMBER COMMENTS No Comments. ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 10:17 P.M. KELLEY, CYIAIRWOMAN ELOPMENT AGENCY Page Six — Redevelopment Agency Minutes — October 14, 2003 AT EST: VICKI KASAD, C C, CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 28, 2003 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairwoman Kelley at 5:00 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BRINLEY, BUCK-LEY, SCHIFFNER ABSENT: BOARDMEMBERS: HICKMAN, KELLEY Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake /Aquatic Resources Director Kilroy, and Clerk of the Board Kasad. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code § 54965.8) (F: 134.10)(X:40.1) (F: 134.10)(X:40.1) Property: A.P.N. 373- 210 -040 & 371 - 030 -021 (Lake Elsinore Diamond Stadium and parking lot) Negotiating Parties: Impact Capital consulting, L.L.C. And The Redevelopment Agency of the City of Lake Elsinore Under Negotiation: Price and Terms Legal Counsel Leibold announced the Closed Session discussion as listed above. Page Two — Redevelopment Agency Meeting — October 28, 2003 THE REGULAR REDEVELOPMENT AGENCY MEETING WAS RECESSED TO CLOSED SESSION AT 5:01 P.M. CALL TO ORDER In the absence of Chairwoman Kelley and Vice Chairman Hickman, the Regular Redevelopment Agency Meeting was called to order by Boardmember Brinley at 8:51 p.m. ROLL CALL PRESENT: ABSENT: BOARDMEMBERS: BOARDMEMBERS: BRINLEY, BUCKLEY, SCHIFFNER HICKMAN, KELLEY Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake /Aquatic Resources Director Kilroy, Police Chief Walsh, City Treasurer Judziewicz and Clerk of the Board Kasad. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No Comments. CONSENT CALENDAR MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Boardmember Buckley noted that his vote on Item No. 2 would be the same abstention, as with the Council consideration. Page Three — Redevelopment Agency Minutes — October 28, 2003 The following Minutes were approved: a. Regular Redevelopment Agency Meeting — September 9, 2003. (F:134.3) 2. Concurred with Council Action to Approve the Lakeshore Village Specific Plan, General Plan Amendment No. 2003 -02, Zone Change No. 2003 -03, and Mitigated Negative Declaration No. 2003 -03. (F: 1 50.2)(X:83.2)(X: 172. 1)) 3. Concurred with Council Action to Approve Tentative Parcel Map No. 31218 for Kids in Action. (F:110.2) BUSINESS ITEMS None. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Chris Hyland, 15191 Wavecrest, indicated she felt strongly that RDA could benefit by District representation, and the ability to develop a personal rapport with the constituents. She addressed the "newly formed group" with flyers and television advertising and suggested unethical tactics. She indicated that she was sick and tired of Councilmembers Kelley and Schiffner and Candidate LaPere making false statements about Candidates Magee and O'Neal being for Charters. She stressed that it would be up to the voters to decide. She questioned a letter from Citizens for Lake Elsinore, about hiring a research team to review water; and suggested that she needed to find out what was happening at the Water District. Edith Stafford, 29700 Hursh, indicated that she was sorry the Boardmember Kelley left the meeting; and addressed her denial of the Citizens for a Better Lake Elsinore materials. She stressed that the flyers went out on behalf of Mrs. Kelley. She took offense to that denial and suggested that it was an insult to her intelligence. She indicated that she had not noticed a disclaimer from Mrs. Kelley or Mr. Schiffner against misinformation. She stressed that the letters were paid for by out -of town developers who contributed to the campaign. She suggested telling the voters the truth. She called on the voters to call the candidates and question Page Four — Redevelopment Agency Minutes — October 28, 2003 their intentions. EXECUTIVE DIRECTOR COMMENTS No Comments. LEGAL COUNSEL COMMENTS Legal Counsel Leibold pointed out that no one runs for the Redevelopment Agency Board and the discussion was targeted at the City Council election, which was out of order for the RDA Meeting. BOARDMEMBER COMMENTS No Comments. ADJOURNMENT MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR REDEVELOPMENT AGENCY MEETING AT 8:59 P.M. , CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 25, 2003 CALL TO ORDER Mayor Pro Tern Schiffner called the Joint Study Session to order at 4:01 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER ABSENT: COUNCILMEMBERS: BRINLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Public Works Manager Payne, Parks & Open Space Manager Fazzio, Recreation & Tourism Manager Fazzio, Lake & Aquatic Resources Director Kilroy, and Deputy City Clerk Ray. DISCUSSION ITEMS Councilman Hickman requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. Councilwoman Kelley addressed Item No. 8 - Supplemental Law Enforcement Services Fund (SLESF) Expenditure Plan; she asked City Manager Watenpaugh for an overview. PAGE TWO -STUDY SESSION - NOVEMBER 25; 2003 City Manager Watenpaugh explained that the dollars used from the grant programs were used for the overtime dollars; for the holiday extra patrols downtown and the Outlet Mall (Supplemental Law Enforcement). Councilwoman Kelley addressed Item No. 9 — Speed Limits for Canyon Hills Drive, Lost Road and Illinois Street - Resolution No. 2003 -54; she asked City Manager Watenpaugh for an overview. She indicated that the unposted speed limit was 65 mph and per the Resolution would be reduced to 35 mph. City Manager Watenpaugh explained that the speed limit on Canyon Hills Drive would be reduced to 45 mph and Lost Road would be 35 mph. PUBLIC HEARINGS 21. Formation of Community Facilities District No. 2003 -2 (Canyon Hills). City Manager Watenpaugh gave an overview of the item. He explained that the Water District would be addressing the issue on December 10, 2003. He indicated Council needed to open the Public Hearing and continue until January 13, 2004 to take the final action. 22. Resolution Determining the Validity of Prior Proceedings relating to Annexation of Property into city of Lake Elsinore community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services); Call a Special Election; Canvass Election Results; and Authorizing Levy of Special Taxes for CFD 2003 -1 Annexation Area No. 3 and No. 4- Resolution Nos. 2003 -56 thru 2003 -58 & Ordinance No. 1112. City Manager Watenpaugh gave an overview of the item. He explained that it would be annexing the La Laguna Phase I and the Ramsgate Development and Centex Development into the City's CFD. 23. Vesting Tentative Tract Map 28214 and 30836, and Addendum No. 2 to the Alberhill Ranch Specific Plan Final Environmental Impact Report. City Attorney Leibold addressed the item. She explained that she had PAGE THREE -STUDY SESSION - NOVEMBER 25, 2003 received 25 pages of supplemental material that she had not had an opportunity to fully evaluate or reconcile with the underlying EIR, the addendum, the underlying Development Agreement or the applications for the Vested Tentative Map. She indicated that after speaking with Community Development Director Brady, he too needed an opportunity to review the supplemental materials and appropriately evaluate. She indicated that they spoke with the applicant and the applicant did not object to staff requesting a continuance until January 13, 2004. Councilman Hickman indicated that he had attended a NAACP meeting on November 22, 2003, and Supervisor Buster was in attendance. He further indicated he was concerned that they were thinking about going through the Ortegas to the coast; he noted if that happened the freeway might come through Lake Street or Nichols. He commented that Supervisor Buster stated that the tunnel would not go through mainly because there was no way to ventilate the tunnel. City Manager Watenpaugh indicated that this was an issue before when they had discussed this specific plan regarding the maps. He felt Castle & Cook was supportive of a corridor coming to the south; but the concern was dedicating a specific route when it had not been studied by RCTC. APPEALS 24. Appeal of Planning Commission Approval of Conditional Use Permit No. 2003 -13 on October 21, 2003. Councilman Hickman asked Community Development Director Brady for some background on the item. Community Development Director Brady indicated that several issues were discussed: 1. CC &R's on the property adjacent to this particular property that required an architectural review by the parties they were a part of PAGE FOUR -STUDY SESSION - NOVEMBER 25, 2003 that CC &R's. He stated that it did not affect the review by the City. 2. Regarding traffic impact associated with the project. 3. Question if the Environmental exemption the City had cited was correct. City Attorney Leibold indicated that the underlying applicant (Tom's Restaurant) not the entity that had filed the appeal had retained legal counsel who had contacted Mr. Brady; had submitted a letter and requested Council continued the item so the attorney had an adequate opportunity to review the staff report and materials. BUSINESS ITEMS 31. Second Reading- Ordinance No. 1109- Purchasing Ordinance. City Manager Watenpaugh deferred to Administrative Services Director Pressey. Administrative Services Director Pressey indicated that the issue was language on the term of contracts; whether Council would like to approve an annual review of all contracts or a periodic review of all contracts. Staff was asking for a vote to determine that specific language. City Attorney Leibold indicated there was approval of the first reading but there was no approval for the second reading. Councilman Hickman requested clarification of the term "periodic" in this Ordinance. Mr. Pressey explained it meant more than annually. City Attorney Leibold noted that it would be difficult from a administrative management to have the anniversary date right on target; whereas with a PAGE FIVE -STUDY SESSION - NOVEMBER 25, 2003 periodic review, a date could be decided to annually review contracts although it may not be the one year anniversary of each contract. Mayor Pro Tem Schiffner indicated that he objected to the annual review, because it did make it a one year contract. He indicated it would affect the bidding price which would make it more costly. City Manager Watenpaugh noted that it was common for staff to review contracts at budget time. Councilman Buckley indicated that he preferred to have the contracts reviewed by the Council each year for the ongoing contracts. 32. Second Reading- Ordinance No. 1110 -Zone Change for Lakeshore Village Specific Plan. City Manager Watenpaugh gave an overview of the Item. He indicated the project was located off Lakeshore Drive across from Stater Bros. No comments by Councilmembers. 33. Second Reading- Ordinance No. 1111- Lakeshore Village Specific Plan. Councilman Hickman indicated that Item No. 32 & No. 33 were together. 34. Waiver of Ordinance for Nighttime Fishing -Lake Elsinore Recreation Area & Camp rg ound. City Manager Watenpaugh gave an overview of the item. He explained that there was a one time waiver at the request of the operators of the campground; they had indicated that it was fairly successful and would like the Council to consider modifying the Ordinance to allow for nighttime fishing at the campground. City Attorney Leibold explained that if Council approved the action, staff would bring back an Ordinance allowing for a one year waiver for night PAGE SIX -STUDY SESSION - NOVEMBER 25, 2003 fishing at the campground. Councilman Hickman indicated that if you drive down Lakeshore Drive at night you see people fishing at night. He suggested making nighttime fishing available around the entire Lake. Councilwoman Kelley indicated that the campground had security. City Manager Watenpaugh noted that individuals could legally fish until 10 p.m. Councilman Buckley asked if it was for essentially around the boat ramp area. City Manager Watenpaugh concurred. 35. Land Development Agreements with Wasson Canyon Investments, L.P. and South Shore Properties, LLC. Councilman Hickman asked if Wasson Canyon was part of Ramsgate. City Manager Watenpaugh indicated that Wasson Canyon and Southshore were the old TMP /CFD that had been upside down for 10 years; the property was adjacent to the south section of Ramsgate. Councilman Hickman asked the dollar amount that was owed on the CFD 90 -3. City Manager Watenpaugh indicated that the CFD was restructured when staff completed the last bond issue; the City owned the bonds on the CFD, roughly $4 million in bonds and debt was recommended to be reduced. The City would receive $2.7 million from the development agreements. The funds will be used to reduce debt. Councilman Buckley asked what other properties were in CFD 90 -3. City Manager Watenpaugh indicated that it was the only property in the CFD 90 -3. Councilman Hickman inquired on the number of acres. PAGE SEVEN -STUDY SESSION - NOVEMBER 25, 2003 City Manager Watenpaugh indicated staff would have the amount of acreage at the 7 p.m. Council Meeting. REDEVELOPMENT AGENCY Chairwoman Kelley gave an overview of the RDA Agenda. Legal Counsel Leibold noted there was one item for closed session. PUBLIC HEARING 4. Stadium Lease with Purchase Option — Impact Development LLC. Fred Blascovich, Lake Elsinore commented there was a legal notice in the paper stating that the item would be discussed today and a copy of the lease was available to the public. He stated there was no copy of the lease to view at City Hall. Legal Counsel Leibold stated the lease was in the process of being prepared and the hearing tonight would evaluate and confirm the business terms. She further stated the hearing would be continued and the formal lease would be available for public review before a vote by the Board. Chairwoman Kelley asked the representative from Impact if he would like to address the board. Dave Wakefield stated he was available to answer any questions at that time. Boardmember Buckley asked how the vote later that evening would impact Impact Development and impact how the Board would vote when the actual lease was presented. Legal Counsel Leibold indicated that assuming that there was concurrence to proceed on the path to conclude the documentation consistent with the business terms. She would suggest that the Agency board was providing a PAGE EIGHT -STUDY SESSION - NOVEMBER 259 2003 level of comfort to Impact and to the community that those were the terms, so long as the lease agreement accurately documented those business terms it would move forward. Boardmember Buckley asked Mr. Wakefield if they would be doing the maintenance and operation themselves. Mr. Wakefield indicated they had an agreement with the Storm to continue the maintenance of the field with them until it was able to go out for bid. He also indicated the remainder of the facility would go out for bid; but they would maintain the facility with the Storm until a vendor was selected. Boardmember Buckley asked beyond the 29 acres was there anything else planned for the area. Mr. Wakefield stated their objective was the Stadium and to develop the surrounding acres, but their goal was the Stadium. Public Finance Authority Chairman Buckley gave . an overview of the consent item. He commented it would concur with Council Action. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 5:00 P.M. PAMELA BRINLEY, MAYOR CITY OF LAKE ELSINORE PAGE NINE -STUDY SESSION - NOVEMBER 25, 2003 KELLEY, CHAIR Respectfully su6mitt , rederick Ra , eputy City Clerk A EST: // �)Gj VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 25, 2003 ................................................ ............................... CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairwoman Kelley at 5:00 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: BRINLEY Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Deputy Clerk of the Board Ray. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code § 54965.8) (F:40. 1)(X: 134. 10) Property: A.P.N. 373-210-040 & 371-030-021 (Lake Elsinore Diamond Stadium and parking lot) Negotiating Parties: Impact Capital consulting, L.L.C. and The Redevelopment Agency of the City of Lake Elsinore Under Negotiation: Price and Terms Page Two — Redevelopment Agency Minutes — November 25, 2003 City Attorney Leibold announced the above listed item for Closed Session discussion. THE REDEVELOPMENT AGENCY MEETING WAS RECESSED TO CLOSED SESSION AT 5:01 P.M. The Closed Session discussion was completed at 6:50 p.m. RECONVENE PUBLIC SESSION (7:00 P.M.) Chairwoman Kelley reconvened the Regular Redevelopment Agency meeting in public session at 8:10 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: BOARDMEMBERS: BRINLEY Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Deputy Clerk of the Board Ray. CLOSED SESSION REPORT Legal Counsel Leibold announced that the Redevelopment Agency Board met in Closed Session at 5 p.m. for discussion of the above listed item, with no reportable action. She requested a 10 minute recess prior to discussion of Item No. 4. PUBLIC COMMENTS — NON- AGENDIZED ITEMS —1 MINUTE No Comments. Page Three — Redevelopment Agency Minutes — November 25, 2003 CONSENT CALENDAR MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: (17:134.3) a. Joint Study Session — August 26, 2003. b. Regular Redevelopment Agency Meeting — October 14, 2003 C. Regular Redevelopment Agency Meeting — October 28, 2003 2. Ratified the following Warrant Lists: a. October 31, 2003. (F:12.3) b. November 14, 2003. 3. Receive and ordered filed the following Investment Reports: a. September, 2003. (17:12.5) b. October, 2003. PUBLIC HEARING THE REDEVELOPMENT AGENCY MEETING WAS RECESSED TO CLOSED SESSION AT 8:15 P.M. THE REDEVELOPMENT AGENCY MEETING RECONVENED AT 8:34 P.M. 4. Stadium Lease with Purchase Option — Impact Development, LLC. (F:134.7)(X:134.10) Chairwoman Kelley opened the public hearing at 8:37 p.m. Executive Director Watenpaugh explained that this was for consideration of a Lease with a purchase option, between the Redevelopment Agency and Impact Development. He indicated that the recent negotiations had resulted Page Four — Redevelopment Agency Minutes — November 25, 2003 in an agreement. Legal Counsel Leibold detailed the negotiations, but noted that there was not a document entitled Lease Agreement for consideration at this point. She indicated that there would be a continuation of this public hearing and the final document would be available for review before the documents becomes effective. She summarized the twenty business terms presented including the parties to the agreement, the premises included in the agreement, the relationship to existing Stadium agreements, the term of the agreement, the security deposit, the rent, the maintenance and operation of the stadium, the option to purchase, the Agency note and Deed of Trust, credits toward the purchase price, as is condition, Agency suite and parking, and freeway signage. She noted that the documentation had taken longer than anticipated, but the lease agreement would be prepared consistent with the terms mentioned and available for public review prior to RDA action. Dan Uhlry, 103 W. Flint Street, indicated that he was going to speak on one aspect, but after the presentation, he felt this was not the lame duck thing he anticipated. He commented that he was happy to hear that and happy the public had an opportunity to hear about the negotiations. He commended the Board for their work on this proposal and indicated that it was moving in the right direction. Michael O'Neal, 1403 Heald, indicated that he was not interested in the land use part of this or in leasing out the stadium. He indicated that he was more interested in the option to purchase, and questioned the $7 million. He inquired, at the end of the day, how much would still be owed on the Stadium, and whether it would be $15 million. Legal Counsel Leibold indicated that the option could not be exercised until at least $10 million in investment had been made in the adjacent area, with a balance of $7 million payable to the Agency as purchase price. She clarified that there were no outstanding obligations on the Stadium. George Alongi, reiterated that this discussion should be before the City Council, as the City is a major stockholder in the development. He indicated that more than $30 million was invested by the City in refinancing, which Page Five — Redevelopment Agency Minutes — November 25, 2003 was much more than the RDA. He suggested that $10 million would not address the ball field, as the City will still be paying $1 million a year on the debt on the ball field. He questioned why the City did not promote the ball field, as it should, and noted that all of the concerts had lost money. He suggested that this arrangement would be no different, and recommended that they buy the ball field and then do their development. Chris Hyland, 15191 Wavecrest, commented that one day the City was selling the Stadium and the next day they were leasing it. She expressed concern that this was a continuation of leaders making bad decisions. She anticipated that the deal would fall through and she would say "I told you so ". Edith Stafford, 29700 Hursh, indicated that the Stadium situation had become like beating a dead horse. She advised that she was opposed to any more deals like this one. She indicated that she heard the presentation by the City Attorney and while some parts sounded good, other parts did not. She suggested that the Stadium should remain as it was dedicated when the Lehr's sold the land to the RDA or City. She stressed the conditions of the donation. She suggested that the Stadium should remain as it is, and find someone reputable to operate it and generate revenue for the City. Leroy Tucker passed on his comments. Mayor Pro Tern Schiffner closed the public hearing at 8:57 p.m. Legal Counsel Leibold clarified that there would need to be another public hearing, which would be renoticed when the final document was in hand. Vice Chairman Hickman commented that this was a three year lease, and if they could not perform, the Agency would retain the Stadium, otherwise they would acquire it. He stressed that the consideration was for the total project to include things such as hotels, a hockey rink, a water park, etc., to bring tourists and generate revenues. He suggested that the bureaucratic approach was to tax and spend, so the Stadium needed to be in private hands to succeed. Page Six — Redevelopment Agency Minutes — November 25, 2003 Boardmember Buckley responded to Mr. O'Neal, that if the Agency took the $7 million, there would still be $8.7 million, not including interest, which would be Stadium related debt. He requested clarification for Mr. Alongi as to why the matter was not before both Boards. Legal Counsel Leibold explained that the Stadium was held in the name of the Redevelopment Agency and they, therefore, had the sole jurisdiction over the property. She further explained the need for a public hearing, and noted that it the property was undeveloped and allowed for development, the City Council would play a role. She noted that in the case of property which was already developed, like the Stadium, it was simply a Redevelopment Agency matter. Boardmember Buckley commented that the entire process had been very difficult, starting with the operations of the Stadium in the past. He commented that it would be nice for the City to operate the Stadium on its own; and suggested if the Stadium had been on budget the RDA could have built a hotel next to it. He indicated that since that did not happen, any income from the sale of the Stadium, he would personally see being used only to reduce the debt. He suggested that it would be bad faith to do otherwise, because the people of the City paid for the Stadium. He commented that it was important to consider what the Stadium was worth and noted that so much money had been lost, it was probably worth zero. He further commented that the cost to build it now would probably be $24 to $25 million; while the original cost was $14 or $15 million. He stressed the difficulty in putting a value on the Stadium. He commented that he was disappointed that the lease was not available at this time and he was disappointed that no comprehensive financial documents had been provided. He indicated that the whole reason for discussing the sale of the Stadium was to save the City $500,000 or $600,000 per year in operating costs and pull down the debt incurred. He indicated that it was even more important to jump start recreation and tourism development to help Lake Elsinore become the place to go for a weekend. He stressed the potential for a marina, golf course, water park, moto -cross park, airport, etc.; and noted the possibility of building a core to draw people for the entire weekend. He addressed the business points and noted that the last time someone else ran the Stadium, it did save some money, although the management was awful and the team was directly affected. He stressed the financial status clause Page Seven — Redevelopment Agency Minutes — November 25, 2003 and the impact that it would have to require that they maintain a $1 million minimum balance checking account, so the utilities would not be cut off and maintenance would be performed properly. He noted the requirement for the group to prove their ability to do what they say they can do. He commented on his concern with the deal points and questioned what happened if people who donated the land asked for money. Legal Counsel Leibold indicated that there had been discussions with the Lehr's, and they had agreed to disagree on outstanding issues. Boardmember Buckley questioned the monthly rent and whether there was any obligation to return it. Legal Counsel Leibold indicated that if the option was not ripe, they would have paid two years rent and had no ability to exercise the right to purchase, but either way if it is not purchased, the Agency retains the rent and security deposit. Boardmember Buckley addressed Section 9, with regard to maintenance of the property in first -class condition. Legal Counsel Leibold indicated that the proposed maintenance standards would mirror those to which the Storm had been obligated. Boardmember Buckley reminded Impact, that the Storm was the main tenant, and indicated that for him they would have a huge role in defining first class maintenance. He stressed that if the facility was not maintained, they would not be allowed to buy the Stadium. He suggested that Impact consider jointly contracting with the Storm for the maintenance. He indicated that he would ask Impact to immediately pursue land acquisitions in the area for fixture recreation and tourism venues, particularly a water park. He stressed the intent of the Stadium to be a Mecca for recreation and tourism, and noted that there would be no point in selling it, if that did not happen. He stressed the importance of the financial capabilities and the provision of a reasonable business plan to ensure that they could do what they said they could. He commented that this was still a very difficult decision for him. Boardmember Schiffner commented that they had been presented with an opportunity they have been looking for over the last ten years. He indicated that this opportunity could turn the dream into a reality, although it had been more of a nightmare, so far. He noted prior offers that were rejected because the Board wanted to do more than just sell the Stadium. He noted Page Eight — Redevelopment Agency Minutes — November 25, 2003 that the facility would remain in Lake Elsinore and remain a facility for the people in Lake Elsinore and the surrounding area, no matter who held the deed. He expressed belief that Impact had the ability and expertise to do something successful with the Stadium. He clarified that they would be given credit for up to $10 million on the purchase price with improvements prior to their purchase of the Stadium. He stressed that the organization would show its ability to succeed before it earned the right to purchase the facility. He anticipated that the total investment would be considerably more than the $10 million required with things such as water parks. He stressed that the Board was looking for someone with that ability to develop an attraction and attract other activities. He noted other developers waiting to see what happened with these negotiations before they move on other projects. He indicated that this agreement would be a turning point for the community and the Attorney had worked diligently to ensure it was well written. He questioned how anyone could object to the proposed arrangements. Chairwoman Kelley commented that the Council had struggled for years over the Diamond, and it was a very complex issue. She indicated that the Board had always said that they would entertain offers to sell the Diamond, but maintained that they would not do so for the sake of selling it. She stressed that recreation would be the focus and this was a company with the ability to provide it, and the enthusiasm to pursue it. She indicated that this was the springboard the Board had been looking for to benefit the citizens of the community. Legal Counsel Leibold noted that part of the discussion was that there would be an ongoing obligation on the part of Impact that the Stadium be maintained as a recreational and sports facility. She stressed that they would not have the ability to terminate sports activities or demolish the Stadium for other types of uses. Chairwoman Kelley complimented staff and the attorney who worked so hard to put this agreement together. She indicated that Legal Counsel Leibold had assured that the RDA was well protected and negotiated a good arrangement. She offered kudos to staff. MOVED BY SCHIFFNER TO APPROVE THE SUMMARY OF BUSINESS TERMS INCLUDING ITEM NO. 20; AND DIRECT AGENCY STAFF Page Nine — Redevelopment Agency Minutes — November 25, 2003 WITH REGARD TO THE PROPOSED STADIUM LEASE AGREEMENT WITH PURCHASE OPTION. Legal Counsel Leibold noted that Impact representatives were present at this meeting. John White thanked everyone from the City and the residents and indicated that it was difficult to get people to agree on anything let alone four groups. He complimented the City and the Storm on their assistance in making this proposal successful, and thanked the Board for their consideration. Boardmember Buckley addressed the maintenance issues; and inquired how Impact would make money, when others had not. Mr. White indicated that it was very simple, he had the ability to bring in the people with the appropriate expertise. He noted his success record with facilities in Anaheim, San Diego and Texas. He indicated that they would bring in the entertainment value that could be cost efficient and focus on sponsorship to cover the costs and put money back into the community. He indicated that they would be able to take money out -of- pocket and entertain other land options in the area. Boardmember Buckley commented that Impact had a relatively short leash, and the Storm had proven professionalism and expertise. Dave Wakefield concurred with Mr. White's comments and thanked the Board and staff for their time on this very difficult road. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE SUMMARY OF BUSINESS TERMS INCLUDING ITEM NO. 20; AND DIRECT AGENCY STAFF WITH REGARD TO THE PROPOSED STADIUM LEASE AGREEMENT WITH PURCHASE OPTION. BUSINESS ITEMS None. Page Ten — Redevelopment Agency Minutes — November 25, 2003 PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Chris Hyland passed on her comments. Edith Stafford passed on her comments. EXECUTIVE DIRECTOR COMMENTS LEGAL COUNSEL COMMENTS BOARDMEMBER COMMENTS Boardmember Schiffner commented that wish lists by individual Boardmembers were strictly wish lists, until they became direction from a minimum of three members. ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 9:25 P.M. "GENIE KELLEY, CHAIRWOMAN REDEVELOPMENT AGENCY 7:): uyo =" VICKI KASAD, CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 9, 2003 CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Hickman at 8:25 p.m. ROLL CALL PRESENT: BOARDMEMBERS: BUCKLEY, KELLEY, MAGEE, SCHIFFNER, HICKMAN ABSENT: BOARDMEMBERS: NONE Also present were: Executive Director Watenpaugh, Assistant Executive Director Best, Legal Counsel Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake /Aquatic Resources Director Kilroy, Police Chief Walsh, City Treasurer Weber and Clerk of the Board Kasad. 12"71- CLOSED SESSION REPORT None. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No Comments. CONSENT CALENDAR The following item was pulled for the Consent Calendar for further discussion and consideration: Item No. 1. Page Two — Redevelopment Agency Minutes — December 9, 2003 MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 2. Ratified Warrant List for November 26, 2003. (F:12.3) BUSINESS ITEMS Reappointment to Redevelopment Agency Committee. (F:134.1) Executive Director Watenpaugh explained that Boardmember Magee had previously served on the Committee, but was elected to Council, so there was a vacancy. He indicated that the existing members were doing a good job; and noted that Mr. Magee was originally appointed by Boardmember Buckley. Boardmember Buckley indicated that after a discussion this afternoon, he would like to appoint Ron Hewison to this vacancy. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO APPOINT RON HEWISON TO THE REDEVELOPMENT AGENCY COMMITTEE. Chairman Hickman inquired if Mr. Hewison was willing to serve. Boardmember Buckley confirmed that he was. Chairman Hickman inquired who would be the Chairman of the Committee. Executive Director Watenpaugh indicated that it could be changed. Boardmember Kelley noted that her appointment had been the Chairman, but when the chairs were changed it disrupted things. Chairman Hickman questioned his willingness to continue as the Chairman. His willingness was confirmed. 4. Redevelopment Agency Committee Recommendation. (F:134.1) Executive Director Watenpaugh noted the committee report and advised that Chairman Ryan was present at this meeting. He further noted the corrected copy of the report, and the correction of the word "could" to "should ". Harvey Ryan, Chairman, noted the Committee's discussion with the City of Corona, regarding eminent domain. He indicated that the topic was the most controversial part of the discussion, but they had a great program to educate the community. He stressed the importance of educating the public on the issues of eminent domain. He suggested that there were a lot of positive things to help the Page Three — Redevelopment Agency Minutes — December 9, 2003 City and the land owners. He indicated that his personal favorite of the recommendations was the Cap on Redevelopment Project Area L, because it will allow the improvements to provide money to make the City more effective. He advised that staff had volunteered to do studies within the project areas and come back to the committee for discussion of feasibility and cost. Executive Director Watenpaugh noted the discussion at the agenda review and suggested the need for a joint study session with the Committee to discuss items including eminent domain and the redevelopment area cap. Mr. Ryan concurred that would be appropriate once they had received more information back from staff. Executive Director Watenpaugh noted that the committee was asked to focus more specifically on the project areas to look at clean up and the available options. Chairman Hickman questioned the time frames. Executive Director Watenpaugh indicated that it might be several months for solid recommendations. Chairman Hickman questioned the timing for a study session. Executive Director Watenpaugh suggested that it would be either February or March, 2004. Boardmember Buckley questioned the cap on the project area and clarified that it would increase what could be spent and what could be captured by the Agency for Agency debt. Mr. Ryan confirmed. Boardmember Magee thanked the Committee and Mr. Ryan for their work, noting that his participation fell off after the August 15th meeting. He commented that eminent domain was a very touchy subject and an area for great concern. He stressed the importance of fully studying the issues, so as to not make the same mistake the County did with Lakeland Village and Wildomar. He further stressed the importance of public education. He expressed concern with falling into the same trap the County did with its Redevelopment Agency. Mr. Ryan indicated that it was important to understand that eminent domain could apply to specific projects, and they did not have to be in a project area. He indicated that with input from the City, it could be a win -win situation for everyone. He stressed the great tax benefits for the land owners, and noted that it would allow the RDA to have fair negotiations for land. Boardmember Buckley questioned the County RDA issues and if Corona's model would be relatively painless. Mr. Ryan indicated that they did a great job with three, one -day sessions. He indicated that Mr. McCann met with Corona and they explained the entire process. Boardmember Schiffner questioned the field trips for eminent domain. Mr. Ryan indicated that it was a joint process. He noted that the General Plan review was Page Four — Redevelopment Agency Minutes — December 9, 2003 coming up, and stressed that it was very important that that process go hand -in- hand with the RDA efforts. Boardmember Kelley thanked Mr. Ryan for his service as Chairman of the Committee. Executive Director Watenpaugh addressed the vision for the community and noted that this was the opportunity to start that process. He concurred that Corona did a great job and they had an executive manager who spent one full year educating the community. He noted the money they spent on marketing and promotion, which assisted with understanding and gained support for their efforts. He stressed the need to start with the land use and focus on specific issues. Legal Counsel Leibold commented on her experience with RDA plans and amendments, noting that she had seen easy processes and hard ones; similar to the case with eminent domain. She noted that the CRA offers educational materials which might be helpful to members. She further noted that she had taught introductions to RDA and there were many resources available for that kind of education. Executive Director Watenpaugh pointed out that as part of the City's Economic Gardening Program the City had focused on the needs of area businesses, so there was already a start to the process. Chairman Hickman indicated that he was looking forward to seeing this program move forward. He inquired what was happening with the lots given to the builder from San Francisco. Legal Counsel Leibold indicated that she would be bringing an item to terminate that agreement in the near future. ITEMS PULLED FROM THE CONSENT CALENDAR Minutes (17:134.3) Councilman Magee indicated that he had not participated in the meetings under consideration and would be abstaining from vote on this item. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4 TO 0 WITH MAGEE ABSTAINING FROM VOTE TO APPROVE THE MINUTES AS PRESENTED. The following Minutes were approved: a. Regular Redevelopment Agency — August 26, 2003. Page Five — Redevelopment Agency Minutes — December 9, 2003 b. Joint City Council/Redevelopment Agency Study Session — September 23, 2003. C. Joint City Council/Redevelopment Agency Study Session — October 14, 2003. d. Redevelopment Agency Study Session — October 22, 2003. e. Joint City Council /Redevelopment Agency Study Session — October 28, 2003. f. Joint Special City Council /Redevelopment Agency Meeting — November 12, 2003. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES No Comments. EXECUTIVE DIRECTOR COMMENTS No Comments. LEGAL COUNSEL COMMENTS No Comments. BOARDMEMBER COMMENTS No Comments. ADJOURNMENT THE REGULAR REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 8:41 P.M. DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY AT EST: -- ) j VICKI KASAD, CMC, CLERK OF THE BOARD REDEVELOPMENT AGENCY